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Home My WebLink About03 - Junior Guard Nonresident Fee ReductionCITY OF F NEWPORT REACH City Council Staff Report January 13, 2015 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dan Matusiewicz, Finance Director — (949) 644 -3123, dmatusiewicz @newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager PHONE: (949) 644 -3153 TITLE: Junior Guard Nonresident Fee Reduction ABSTRACT: In 2013, the City Council approved the Newport Beach Junior Guard — Nonresident fee at full cost of services rate, which is $853. To encourage resident participation in the program, the City Council reduced the Resident fee for Junior Guards by 17.9 %, or $153. Staff recommends the City Council approve a reduced fee for nonresidents as well. This reduction recognizes the great role the Junior Guard Program plays in our community by teaching youths ocean safety and awareness and the importance of healthy activities through physical exercise. RECOMMENDATION: a) Adopt Resolution No. 2015 -1, A Resolution of the City Council of the City of Newport Beach Amending the Master Fee Schedule to Reduce the Junior Lifeguard Nonresident Fee to the Resident Fee Level, at $700; and b) Introduce Ordinance No. 2015 -1, An Ordinance of the City Council of the City of Newport Beach Amending Exhibit A" to Newport Beach Municipal Code Section 3.36.030 to Reduce the Junior Lifeguard Nonresident Fee to the Resident Fee Level, and pass to second reading on January 27, 2015. FUNDING REQUIREMENTS: There are no funding requirements associated with this recommendation. However, reduction of the nonresident Junior Guard fee is anticipated to reduce revenue by approximately $28,000 a year. DISCUSSION: The immensely popular Newport Beach Junior Guard Program enters its thirty -first season this summer. The objective of the Junior Guard Program is to provide children between the ages of 9 and 15 with training in ocean safety, how to properly prevent injuries and how to respond correctly in emergency situations. To accomplish the program's goals, the Fire Department utilizes a combination of a classroorr�_t type environment and outside activities. Newport Beach Municipal Code Section 3.36.030 provides that the cost recovery for user services shall be at 100 %, except for the services listed in Exhibit "A" of Section 3.36.030. In October, 2013, the City Council approved the Junior Lifeguard non - resident fee of $853, which represents the full cost -of- services, and the resident fee at $700, which includes a 17.9% reduction. Residents have historically been provided a discount from the full cost of the Junior Guard registration fee. Last year, 1,159 residents and 184 nonresidents participated in the program. To encourage broader participation in the program across the non - resident community and to ensure its continued success, staff recommends reducing the nonresident fee to the resident fee level. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Exhibit A - Resolution amending the Master Fee Schedule Exhibit B - Ordinance No. 2015 -1 amendina Exhibit A to Newport Beach Municipal Code Section 3.36.030 Exhibit C - Newport Beach Municipal Code Section 3.36.030 3 -2 EXHIBIT A Resolution amending the Master Fee Schedule 3 -3 RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING THE MASTER FEE SCHEDULE TO REDUCE THE JUNIOR LIFEGUARD NONRESIDENT FEE TO THE RESIDENT FEE LEVEL WHEREAS, the Newport Beach Junior Guard Program ( "Junior Guard Program ") enters its 3151 season this summer; WHEREAS, the Junior Guard Program caters to children in our community between the ages of 9 and 15 and focuses on ocean safety, injury prevention, and healthy physical activities through a combination of classroom instruction and outdoor activities; WHEREAS, the City of Newport Beach ( "City') charges participants a fee to off- set the City's costs for administering the Junior Guard Program; WHEREAS, Newport Beach Municipal Code ( "NBMC") Section 3.36.030 provides that the cost recovery for user services shall be at 100 %, except for the services listed in Exhibit "A" of Section 3.36.030; WHEREAS, on October 22, 2013 the City Council adopted Resolution No. 2013- 72 approving the Junior Guard Program — nonresident fee at full cost -of- services at $853 and a reduced resident fee of $700; and WHEREAS, the City desires to reduce the nonresident fee to the resident fee level to encourage youth participation in the Junior Guard Program and ensure its continued success. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Master Fee Schedule is hereby amended to reduce the nonresident Junior Guard Program fee to the same level as the resident Junior Guard Program fee of $700.00. Section 2: The recitals provided in this resolution are true and correct and are hereby incorporated into the substantive portion of this resolution. Section 3: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ( "CEQX) pursuant to Sections 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3 because -1- 3 -4 the activity is not a project as defined in Section 15378 and has no potential for resulting in physical change to the environment, directly or indirectly. Section 4: This resolution shall take effect upon the effective date of Ordinance No. 2015 -_. The City Clerk shall certify the vote adopting this resolution. ADOPTED this 13th day of January, 2015. ATTEST: Leilani I. Brown, City Clerk -2- By: Edward D. Selich, Mayor 3 -5 EXHIBIT B Ordinance No. 2015 -_, amending Exhibit "A" to Newport Beach Municipal Code Section 3.36.030 3 -6 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING EXHIBIT "A" TO NEWPORT BEACH MUNICIPAL CODE SECTION 3.36.030 TO REDUCE THE JUNIOR LIFEGUARD NONRESIDENT FEE TO THE RESIDENT FEE LEVEL WHEREAS, the Newport Beach Junior Guard Program ( "Junior Guard Program ") enters its 31st season this summer; WHEREAS, the Junior Guard Program caters to children in our community between the ages of 9 and 15 and focuses on ocean safety, injury prevention, and healthy physical activities through a combination of classroom instruction and outdoor activities; WHEREAS, the City charges participants a fee to off -set the City's costs for administering the Newport Beach Junior Guard Program ( "Junior Guard Program "); WHEREAS, Newport Beach Municipal Code ( "NBMC ") Section 3.36.030 provides that the cost recovery for user services shall be at 100 %, except for the services listed in Exhibit "A" of Section 3.36.030; WHEREAS, on October 22, 2013, the City Council adopted Resolution No. 2013- 72, approving the Junior Guard Program — nonresident fee at full cost -of- services at $853 and a reduced resident fee of $700; WHEREAS, NBMC Section 3.36.030(D) provides that the City Council may modify the cost recovery percentage for any service by amending NBMC Chapter 3.36; and WHEREAS, the City desires to reduce the nonresident fee to the resident fee level to encourage youth participation in the Junior Guard Program and ensure its continued success. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The line item, "Junior Guards - Resident" under the "Marine" category of Exhibit "A" of Newport Beach Municipal Code Section 3.36.030 is hereby amended to read as follows "Junior Guards." The word "Resident" is stricken from this line item to reflect a percentage of costs or amount to be recovered from direct fees of 82.1 % of the cost for participation for both residents and nonresidents. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 3 -7 Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The City Council finds the introduction and approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of January, 2015, and adopted on the 27th day of January, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS LT-11 EDWARD D. SELICH Page 12 W-1 ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY A EY'S OFFICE AAR HARP, CITY ATTORNEY Page 13 3 -9 EXHIBIT C Newport Beach Municipal Code Section 3.36.030 Legislative Draft - Exhibit A 3 -10 Exhibit A The City's cost of providing the following services shall be recovered through direct fees charged for services in the percentages or dollar amounts indicated. Service Percentage of Cost or Amount to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In Sports 15% Rentals 50% Badge Replacement 45% After School /Camp Programs Camps 40% After- School/Teen Program 20% Pre - School Program 40% Aquatics 20% Contract Classes 60% 3 -11 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Class Refunds $74 or less 29% $75 or more 59% Youth Sports 25% Special Events — Levels 1, 2, and 3 Resident Up to 45% Nonresident Up to 85% Appeal to City Council 25% Senior Services Oasis Transportation 5% Contract Classes 50% Oasis Rentals 45% Fitness Center 50% Marine Environment Services— Marine Preserve Tours 15% Library Services Meeting Room Rentals 1% Rentals — Materials 20% Inter - Library Loan 10% Fire and Marine Emergency Operations Services 3 -12 3 -13 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Advanced Life Support— Escorted Up to 80% Advanced Life Support —Not Up to 80% Escorted Basic Life Support— Escorted Up to 80% Basic Life Support —Not Escorted Up to 80% State - Mandated Inspections Day Care Facilities 25% Marine Junior Guards RP°6dpnt 82.1% Police Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Maximum Renewal Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% 3 -13 3 -14 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Missing Persons Report 0% Second Hand /Pawn Dealer Tag 0% Check Registrant —Sex 0% Registrant— Narcotics 0% Public Works Engineering Encroachment Permit without 88% Traffic Engineer Review Encroachment Permit with Traffic 57% Engineer Review Appeal of Lease /Permit under $100 Section 17.60.080 Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter 30% Establishment City Council, Board, Commission, Committee or Any Individual 3 -14 3 -15 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Member Thereof when Acting within the Scope of Their Official Duties Appeal or Review from a lower $0 Body or Official 3 -15