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HomeMy WebLinkAboutRES-26-7568 (LAWN BOWLING CLUB)Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 CITY OF HERMOSA BEACH RESOLUTION NO. 26-7568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, MAKING FINDINGS OF PUBLIC PURPOSE AND PUBLIC BENEFIT REGARDING THE USE OF CITY PROPERTY BY THE HERMOSA BEACH LAWN BOWLING CLUB; APPROVING LICENSE AGREEMENT; AND IMPLEMENTING PUBLIC ACCESS, RISK ALLOCATION, AND OPERATIONAL REQUIREMENTS WHEREAS, the City of Hermosa Beach ("City") City Council adopted Resolution No. 1016 dated March 7, 1933, authorizing the acquisition of real property for expansion of Cypress Park for public park and recreational purposes ("Recreational Purposes"); and WHEREAS, former Mayor John Clark donated funds to the City for the construction of a lawn bowling green to be held in trust for Recreational Purposes ("Clark Complex"), which constitutes public recreational property owned and maintained by the City (and the facility was dedicated on June 15, 1935); and WHEREAS, the Hermosa Beach Lawn Bowling Club ("HBLBC") has operated lawn bowling activities at the Clark Complex providing recreational programming, instruction, tournaments, public access opportunities, and community events; and WHEREAS, the City has historically supported HBLBC through provision of facilities, maintenance services, and utilities ("City Services") without a formal written agreement allocating financial terms, liability, indemnification, insurance coverage, regulatory compliance, public access obligations, accessibility compliance obligations, or maintenance and operational responsibilities ("Operational Responsibilities"); and WHEREAS, the Clark Complex must remain available for public recreational use in consideration of support by City Services, and may not be unlawfully delegated to private entities without adequate safeguards ensuring continued public benefit and access pursuant to the California Constitution (Section 6 to Article XVI); and Page 1 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 WHEREAS, the City may elect to complete certain capital improvements to the Facilities, including roof replacement work, through the City's Capital Improvement Program, in order to ensure compliance with City standards and public procurement requirements; and WHEREAS, the City has prepared a License Agreement which establishes the Operational Responsibilities governing HBLBC's use of the Clark Complex to ensure safeguards by requiring: (1) ongoing public access; (2) compliance with applicable laws including accessibility requirements; (3) City oversight of events, rentals, and third -party uses; (4) indemnification and defense obligations in favor of the City; (5) insurance requirements including additional insured and primary/non-contributory provisions; (6) maintenance, safety, and operational obligations; and (7) regulation of third -party activities and use of City property; and WHEREAS, the License Agreement is intended to operate as a temporary one-year arrangement, subject only to possible month -to -month extensions upon mutual agreement of the Parties; and does not create any leasehold, tenancy, easement, vested right, or other property interest in favor of HBLBC. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Incorporation of Recitals. The recitals above are true and correct, and are hereby incorporated herein by reference. SECTION 2. Findings. The City Council hereby finds the following, and such findings set forth in this Resolution are legislative determinations entitled to deference and shall be used to interpret and support the validity of any agreement approved by the City Council. In addition, the findings contained herein shall apply to and support the validity and enforceability of the License Agreement, and all related operational requirements approved pursuant thereto: a. Public Purpose. The continued use of the Clark Complex by HBLBC serves a valid and substantial public purpose including: (1) providing recreational opportunities to the public consistent with the City's park and recreation mission; (2) promoting health, wellness, and social engagement through accessible recreational programming; (3) preserving a historically significant community recreational activity within the City; (4) supplementing City recreational services through volunteer -based programming; and (5) ensuring Page 2 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 continued activation and stewardship of a portion of the Clark Complex for Recreational Purposes. b. Public Benefit. HBLBC provides direct and quantifiable public benefits including: (1) offering free or low-cost lawn bowling instruction open to the public; (2) providing community access to recreational facilities and programming; (3) supporting community events and activities accessible to residents; (4) maintaining and activating a portion of the Clark Complex for recreational use that might otherwise require additional City resources; (5) providing structured programming, event oversight, and facility activation subject to City review and approval as required under the License Agreement; and (6) providing publicly accessible recreational opportunities and instruction consistent with the public recreational purpose of the Clark Complex (regardless of its current organizational form; provided that HBLBC complies with the operational, public access, insurance, maintenance, and other requirements imposed by the License Agreement). C. Adequate Consideration. The public benefits described herein constitute adequate consideration in exchange for the use of City property and the provision of limited City resources, and therefore do not constitute a gift of public funds in violation of the California Constitution; and such consideration is further supported by the obligations imposed under the License Agreement including maintenance responsibilities, accessibility compliance obligations, risk transfer provisions, insurance obligations, operational requirements, and financial terms (including the annual license fee, fees, and/or revenue sharing). Such consideration may also include reimbursement obligations or cost -sharing arrangements associated with City -funded capital improvements benefiting HBLBC facilities. (1) The City Council finds the public benefits provided by HBLBC under the License Agreement constitute substantial additional consideration supporting the City's authorization of continued use of the Facilities. (2) The City Council expressly finds that the License Agreement serves a valid public purpose and does not constitute a gift of public funds or public resources in violation of the California Constitution (Section 6 of Article XVI), and that the consideration received by the City is reasonably related to and supports the public purposes identified herein. (3) The City Council further finds that the annual license fee, public access obligations, recreational programming, maintenance obligations, insurance requirements, indemnification obligations, operational Page 3 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 responsibilities, and other commitments undertaken by HBLBC collectively constitute adequate consideration supporting the License Agreement; and that such consideration is not dependent upon whether HBLBC is presently incorporated as a nonprofit public benefit corporation. d. Formal Agreement. The current informal arrangement is insufficient to adequately protect the City's legal and financial interests, and the License Agreement approved herein is necessary to ensure compliance with applicable law and risk management practices. (1) Such agreement must include provisions addressing indemnification, insurance, maintenance responsibilities, public access, accessibility obligations, public -benefit obligations, and financial terms. (2) The City Council finds that formal allocation of operational, maintenance, insurance, indemnification, and public access obligations is necessary to reduce legal exposure and ensure continued compliance with applicable law and public policy. (3) The City Council further finds that the License Agreement shall appropriately require HBLBC to pursue formal nonprofit incorporation and organizational documentation as part of the City's ongoing risk -management and governance objectives. e. Preservation of Public Use. Any agreement with HBLBC must preserve the public nature of the Clark Complex, ensure reasonable and ongoing public access to the premises, and prevent exclusive private control inconsistent with public park purposes; and the License Agreement includes enforceable provisions to ensure such public access and prevent exclusive private use (including publicly available instruction and participation opportunities, periodic public programming, and reasonable opportunities for community participation in Lawn Bowling Activities). f. Risk Allocation and Legal Compliance. The License Agreement appropriately allocates risk and addresses legal concerns identified by the City Attorney by: (1) requiring indemnification and defense of the City; (2) establishing insurance requirements including additional insured and primary/non-contributory provisions; (3) assigning maintenance and safety responsibilities; (4) requiring compliance with accessibility, safety, maintenance, and other legal requirements; (5) regulating third -party use of City property; (6) requiring oversight and compliance obligations for third -party users, renters, tournaments, and events conducted at the Clark Complex; (7) establishing Page 4 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 mechanisms for future maintenance allocation, utility allocation, and cost -sharing for major capital improvements and shared facilities; and (8) preserving the City's ability to periodically review, modify, renew, extend, or terminate the arrangement based upon public benefit, operational performance, risk management, public policy considerations, and compliance with organizational - status requirements imposed by the License Agreement. SECTION 3. Approval of License Agreement. The City Council hereby approves the License Agreement (including Exhibits B and C) in substantially the form presented, and authorizes the City Manager to execute the same subject to modification by the City Attorney. a. The City Manager is authorized to approve non - substantive revisions consistent with the intent of this Resolution and subject to approval as to form by the City Attorney. b. The City Council acknowledges the License Agreement is intended as a temporary one-year arrangement for purposes of evaluating operational performance, public benefit, risk allocation, long-term use of the Facilities, and the effectiveness of the License Agreement in addressing the legal and risk -management concerns identified by the City (including evaluation of HBLBC's progress toward formal organizational and governance requirements established by the License Agreement); and that any future renewal, extension, replacement agreement, or material modification shall remain subject to future City approval requirements. SECTION 4. California Environmental Quality Act ("CEQA"). The City Council finds the following: a. CEQA Guidelines section 15061(b) (3) (Common Sense Exemption). Approval of the License Agreement and adoption of this Resolution are exempt from CEQA because it can be seen with certainty that there is no possibility that approval of the License Agreement and the actions authorized by this Resolution may have a significant effect on the environment. b. CEQA Guidelines section 15301 (Existing Facilities). The action is exempt from CEQA because the License Agreement authorizes the continued operation, maintenance, and use of existing public recreational facilities involving negligible or no expansion of existing use. C. CEQA Guidelines section 15304 (Minor Alterations to Land). To the extent applicable, the action is exempt from CEQA because the License Agreement authorizes only minor operational activities associated with Page 5 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 the continued use of the existing Facilities and does not authorize any substantial physical alteration of the site. d. Future Capital Improvement Project. Approval of the License Agreement does not approve any future capital improvement project, roof replacement project, physical expansion, construction activity, or other action that may require separate environmental review under CEQA. Any such future project shall be evaluated independently for CEQA compliance, if required by law. SECTION 5. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution; cause the same to be entered among the original resolutions of the City; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which time same is passed and adopted. SECTION 7. Effective Date. This Resolution is effective immediately upon adoption. a. Approval Survival. The findings contained herein shall survive approval of the License Agreement and shall continue to apply to any month -to -month extension authorized pursuant to the terms of the License Agreement, unless the City Council determines that additional or modified findings are necessary. b. No Vested Right. Nothing in this Resolution shall be construed as creating any vested right to renewal, extension, continued occupancy, or continued use of the Facilities beyond the term authorized by the License Agreement. Page 6 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 Aa PASSED, APPROVED and ADOPTED on this 28th day of July 2026. Nudes(, vabt Mayor Mike Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: Nl.av%�.a Q�aV't�j Martha Alvarez City Clerk APPROVED AS TO FORM: �a.sbv' 154mbm Jason Baltimore Interim City Attorney Page 7 of 7 RES. 26-7568 Docusign Envelope ID: 539B0247-6DD1-8EB7-83C8-5D68D30790B6 State of California County of Los Angeles City of Hermosa Beach August 5, 2026 ss Certification of Council Action RESOLUTION NO. RES-26-7568 A RESOLUTION OF THE CITY CO NCIL OF THE CITY OF HERMO A BEACH, CALIFORNIA, MAKING FINDINGS OF PUBLIC PURPOSE AND PUBLIC BENEFIT REGARDING THE USE OF CITY PROPERTY BY THE HERMOSA BEACH LAWN BO ING CLUB; APPROVING LICENSE AGREEMENT; AND IMPLEMENTING PUBLIC ACCESS, RISK ALLO TION, AND OPERATIONAL REQUIREMENTS I, Martha Alvarez, City Clerk of the City of Hermosa Beach, do hereby certify that the above and foregoing Resolution No. RES-26-7568 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 28th day of July 2026 and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEMPORE KEEGAN, CO NCILMEMBERS JACKSON, FRANCO S, AND SAEMANN NOES: NONE ABSTAIN: NONE ABSENT: NONE 0 Martha Alvarez City Clerk