City Council Meeting: March 25, 2008

Agenda Item: 1-G

To:                   Mayor and City Council

From:              Barbara Stinchfield, Director, Community and Cultural Services

Subject:          Adoption of a resolution establishing use fees for surfing instruction and youth sand camps on Santa Monica State Beach

 

 

Recommended Action

Staff recommends that Council adopt the attached resolution establishing use fees for surfing instruction and youth sand camps operating on Santa Monica State Beach.

 

Executive Summary

The City Council, on January 22, 2008, adopted revisions to Santa Monica Municipal Code (SMMC) sections 4.08.025 and 4.08.060 authorizing the regulation of commercial surfing instruction and youth sand camps on Santa Monica State Beach and requiring permit holders to pay a fee and/or percentage of gross receipts to the City.  The proposed Permit Fee of $150 is based on actual staff time required to evaluate and process applications for both Surfing Instruction and Beach/Water Activity Permits.  The proposed Percentage of Gross Fee, which per SMMC 4.08.060 applies only to Surfing Instruction Permits, will be a minimum of ten percent.  By utilizing a “percentage of gross” fee structure, the fee is directly proportional to the volume of business and hence amount of public facilities and services used by each permittee.  Both fees are in line with the type and scale of fees charged by other beach managing authorities.  Revenue will go into the Beach Fund and be used to offset expenses related to the administration of such permits and maintenance of beach facilities.

 

Discussion

On January 22, 2008, in an effort to address beach use conflicts and water safety issues, the City Council approved revisions to SMMC 4.08.025 and 4.08.060 to:

1) prohibit surfing instruction, training, or coaching for compensation, without a permit issued by the City;

2) require groups of more than 20 children, if entering the water, to obtain a permit; and

3) require payment of application fees and/or percentage of gross receipts, depending on the activity. 

 

The revenue collected will go into the Beach Fund and be used to off-set expenses related to the administration of such permits and for maintenance of beach facilities. 

 

Staff recommends the Permit Fee for both Surfing Instruction and Beach/Water Activity Permits be set at $150.  The proposed fee is based on all anticipated costs to the City, which include only anticipated staff hours required to develop a Request for Proposals, evaluate proposals, and process permits as follows:

 

Position

Hourly Rate

incl. benefits

Anticipated Staff Hours Associated with Process

Total

 

Open Space Management Division Staff Assistant III, Step 2

$25.39

4

 

 

$101.56

 

Open Space Management Division Senior Administrative Analyst, Step 5

$50.75

1

$50.75

 

 

 

 

$152.31

 

Surfing Instruction and Beach/Water Activity Permit Request for Proposals, applications, and permits will be developed and processed by a Staff Assistant III and a Senior Administrative Analyst.  Along with development of an annual Request for Proposals, each permit will require four hours of a Staff Assistant III’s time and one hour of a Senior Administrative Analyst’s time to review and evaluate the proposal, check references, examine financial statements, collect and review the required certifications and insurance, coordinate site assignments with the Lifeguards, prepare and issue the permit, maintain records and respond to inquiries related to the permit.  The resulting cost of each permit is $152.31.  Staff recommends rounding off the cost to $150.  The proposed fee is similar to the fee charged by Los Angeles County for surfing instruction permits throughout the rest of LA County. 

 

The Permit Fee shall apply to permitted providers of surfing instruction and youth sand camps.  In addition, pursuant to SMMC 4.08.060, surfing instructors also must pay a percentage of their gross receipts, which at a minimum shall be ten percent.  The exact percentage of gross receipts will be proposed by each applicant during the public bidding process and will be considered during proposal evaluation.  Greater consideration will be given to proposers with the highest percentage of gross receipts bid.  Typically, surfing instructors bid between 10-30% of gross receipts to the managing authority.  Because gross receipts reflect the volume of business conducted on the beach, utilizing a “percentage of gross receipts” fee structure will establish fees proportional to the use of public facilities and services.

 

Financial Impacts & Budget Actions

Adoption of the proposed fees, including the Permit Fee and the Percentage of Gross Fee, will create a new revenue source for the Beach Fund.  Staff estimates FY 2008/09 revenues to be $39,700.  Because these fees are being established late in the fiscal year, revenues collected during FY 2007/08 are expected to be approximately one third of those projected for FY 2008/09. 

 

Attachment:             Fee Resolution

 

Prepared by:           Trinie García-Valdez, Community Use Administrator

                                    Callie Hurd, Open Space Manager

 

 

Approved:

 

Forwarded to Council:

 

 

 

 

 

 

Barbara Stinchfield

Director, Community and Cultural Services

 

P. Lamont Ewell

City Manager

 

 


ATTACHMENT A

City Council Meeting:                                                                                   Santa Monica, CA

 

 

RESOLUTION NUMBER _____ (CCS)

 

(City Council Series)

 

A RESOLUTION OF THE CITY COUNCIL OF THE

 CITY OF SANTA MONICA ESTABLISHING APPLICATION

AND USE FEES FOR SURF INSTRUCTION

AND YOUTH SAND CAMP PERMITS

 

 

            WHEREAS, to maintain water safety and maximize public recreational opportunities, it is necessary for the City of Santa Monica to regulate surfing instruction on Santa Monica State Beach; and

 

            WHEREAS, the City of Santa Monica anticipates receiving a large number of proposals for surfing instruction and beach/water activity permits as authorized by Santa Monica Municipal Code Sections 4.08.025 and 4.08.060; and

 

            WHEREAS, the City of Santa Monica anticipates the need for additional staff hours to review applications and process permits; and

 

            WHEREAS, the fees established by this Resolution are no more than necessary to recover the costs of the service provided;

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

 

SECTION 1:  The Permit Fee for authorization to provide surfing instruction or conduct beach/water activities on Santa Monica State Beach is $150.

 

SECTION 2:  An additional Percentage of Gross Receipts Fee shall be charged for authorization to provide surfing instruction on Santa Monica State Beach.  The exact percentage of gross to be paid shall be proposed by applicants and shall be a criterion used in the award of permits.  Preference shall be granted to higher bids.  The minimum bid amount shall be ten percent of gross receipts.

 

SECTION 3.  The fees set forth in this Resolution shall be effective upon the effective date of Santa Monica Municipal Code Sections 4.08.025 and 4.08.060.

 

SECTION 4.   The Permit Fee set forth in this resolution shall also be subject to Consumer Price Index (CPI) increases each subsequent July 1st.  The CPI increase factor shall be the annual rate increase from February to February of the Los Angeles-Anaheim-Riverside Consumer Price Index for Wage Earners and Clerical Works published by the United State Department of Labor, Bureau of Labor Statistics.

 

SECTION 5.  The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

 

APPROVED AS TO FORM:

 

 

_____________________________

Marsha Jones Moutrie, City Attorney