RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING THE SCHEDULE OF RATES , FEES
AND CHARGES FOR RENTAL OF SPACE, PARKING AND FOR
CERTAIN LABOR, EQUIPMENT AND SERVICES AT THE
ANAHEIM CONVENTION CENTER EFFECTIVE JULY 1, 2022.
WHEREAS, the City of Anaheim is the operator of a multipurpose convention facility and an adjacent arena located within the City of Anaheim, California, commonly known as and herein referred to as the Anaheim Convention Center; and
WHEREAS, the City Council of the City of Anaheim (the “City Council”) has heretofore established fees, rates and charges (herein referred to as the "Schedule of Rates") to be charged for the rental of space, parking and for certain labor, equipme nt and services within or upon the Anaheim Convention Center , which has been amended and revised periodically by the City Council. The Schedule of Rates was most recently amended and revised by the adoption by the City Council of its Resolution No. 2021- 065 on June 22, 2021 (herein referred to as the "Prior Resolution"); and
WHEREAS, the City Council desires to amend the Schedule of Rates for the rental of space, personnel services, cleaning services, technical services, facility equipment, box office usage, parking, and other related services in the form set forth in Exhibit A attached hereto and incorporated herein by this reference, commencing as of, on and after July 1, 2022; and
WHEREAS, to accommodate shows which do not require the use of an entire e xhibit hall, the City Council desires to authorize and direct the Executive Director of the Convention, Sports & Entertainment Department or such person's authorized representative (herein referred to interchangeably as the “Executive Director”) to offer a rental rate of one -half of the minimum rental rate for said exhibit hall, with any use exceeding one-half of the minimum square footage for said exhibit hall to be charged at the approved net square foot rate for said hall; and
WHEREAS, to ensure that t he City of Anaheim remains competitive and can attract exhibitions and conventions, the City C ouncil desires to authorize the Executive Director to negotiate lower -than-adopted rates to be charged for the rental of space, parking, labor, box office, equipment and services at the Anaheim Convention Center , when it is deemed necessary and appropriate by the Executive Director to attract exhibitions, conventions or events which would otherwise not utilize the Anaheim Convention Center; and
WHEREAS, the City Council hereby finds and declares that adoption of the S chedule of Rates in the form set forth in Exhibit A hereto is exempt from the provisions of the California Environmental Quality Act, pursuant to Section 21080(b)(8) of the Public Resources Code a nd California Code of Regulations Section 15273, in that the fees , rates and charges are established to meet operating expenses, including employee wage rates and fringe benefits; purchasing or leasing supplies, equipment or materials; and meeting financia l reserve needs and requirements; and
2 WHEREAS, the City Council has conducted a duly advertised public hearing on this date to consider the proposed Schedule of Rates in the form attached hereto as Exhibit A and any testimony received at the meeting at which this matter was considered.
NOW, THEREFORE, the City Council of the City of Anaheim resolves, finds and determines on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows:
Section 1. The foregoing recitals are true and correct.
Section 2. The Schedule of Rates to be charged for the rental of space, personnel services, cleaning services, technical services, facility equipment, box office usage, parking, and other related services at the Anaheim Convention Center , in the form set forth in Exhibit A attached hereto, is hereby adopted and shall be and become effective as of, on and after July 1, 2022.
Section 3. The City Council finds that the fees, rates and charges set forth in Exhibit A are set at a rate to reasonably ensure that the cost of the facilities , services and equipment rental is borne by those seeking to utilize such facilities , services and equipment and to meet operating expenses, i ncluding employee wage rates and fringe benefits; purchasing or leasing supplies, equipment or materials; and meeting financial reserve needs and requirements for the Anaheim Convention Center.
Section 4. In order to accommodate shows which do not requi re the use of an entire exhibit hall, the Executive Director is authorized to offer one -half the minimum rental rate for an exhibit hall based on utilization of one -half of said hall. Utilization exceeding one -half of the minimum square footage of said ha ll shall be charged on the basis of the approved square foot rate, except as otherwise provided in this Resolution.
Section 5. The Executive Director is authorized to negotiate lower -than-adopted rates to be charged for the rental of space, parking, labor, box office usage, equipment and services at the Anaheim Convention Center when the Executive Director determines, in his sole discretion, that such action is necessary to attract exhibitions , conventions or events which would otherwise not utilize the Anaheim Convention Center.
Section 6. Those fees, rates and charges set forth in the Schedule of Rates attached as Exhibit A to the Prior Resolution shall no longer be effective and are hereby rescinded effective as of the close of City business on June 30, 2022.
Section 7. Nothing contained in this Resolution shall be deemed to impose any limitation upon the City, or the procedure to be followed by the City, in establishing or amending the fees, rates and charges set forth herein which would not otherw ise apply in the absence of this Resolution.
Section 8. If the fees, rates or charges set forth in this Resolution or the application thereof to any person or circumstance are held to be unconstitutional or otherwise invalid by any
3 court of competent jur isdiction, such invalidity shall not affect any other fee, rate or charge, or application thereof, which can be implemented without the invalid fee, rate or charge, or application thereof, and to this end the fees, rates and charges of this Resolution are declared to be severable.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ______day of ___________________, 2022, by the following roll -call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ANAHEIM
MAYOR PRO TEM
OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM
145247/bmm
EXHIBIT “A”
SCHEDULE OF RATES
(Effective July 1, 2022)
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