ITEM 9-A

City Council Meeting: September 8, 1992

                          STAFF REPORT

TO:           Mayor and City Council

FROM:         City Staff

SUBJECT:      Recommendation to Direct the City Attorney to Draft
              an   Ordinance   Establishing   Policies  Regarding
              Organized Group Activities in City Parks

INTRODUCTION

This report recommends that the  City  Council  direct  the  City
Attorney  to prepare an ordinance establishing policies regarding
organized group activities in City parks.

BACKGROUND

At its meeting of August  13,  1992,  the  Recreation  and  Parks
Commission   approved   a  Commission  Subcommittee  report  that
outlined general guidelines and more specific suggestions on  how
to  better regulate group activity in City parks.  The Commission
found that extensive areas of City  parks  are  being  informally
reserved  for  private  parties,  organized  programs and events.
These and recurrent group uses tend to  monopolize  areas  within
the  parks,  restricting  or  discouraging  access by the general
public.  Overuse of particular sites for such activities tends to
destroy turf and ornamental planting.

Park use policies and ordinances from other cities were  reviewed
to   determine  the  nature  and  extent  of  public  open  space
regulation commonly imposed in Southern  California  communities.
The   Commission   subcommittee   considered   this  research  in
formulating its suggestions.

The full Commission accepted the  subcommittee's  recommendations
and   further  reinforced  the  subcommittee's  intent  that  the
specific  elements  of  an  ordinance  be  consistent  with   the
following policy statement:

    It is the policy of the City of Santa Monica to preserve  the
    City's  parks  and recreation areas in good condition for the
    use and enjoyment of City residents and the  general  public,
    and  to  control activities which monopolize areas within the
    parks, discouraging or  restricting  access  to  others.   In
    general,  use  of  any  open space should be on a first-come,
    first-served basis and the right of individuals  to  use  the
    parks  for  recreational  and  expressive  purposes should be
    protected.

Further, the Commission identified specific elements  that  could
be incorporated into a final ordinance, contingent upon review by
the City Attorney's Office.  These proposed elements are attached
to this staff report.

DISCUSSION

An ordinance governing organized activities of groups  of  25  or
more  individuals  in  City parks is consistent with practices in
other Southern California  cities.   An  appropriately  developed
ordinance  would:   1)  provide  reasonable  procedures to govern
group uses that tend to restrict  or  discourage  access  by  the
general  public,  2) protect park open spaces from recurrent uses
they were  not  designed  to  withstand,  preserving  the  City's
investment  in  park improvements, 3) exempt groups of 24 or less
from  permit  provisions,  and  4)  provide  preference  to  City
residents,   who  may  reserve  space  farther  in  advance  than
non-residents.

The  Cultural  and  Recreation  Services   Department   currently
administers  permitting procedures for use of athletic fields and
park buildngs.  Recreation staff and Park Rangers from the Police
Department resolve on-site permit disputes, and would provide the
"enforcement"  arm  of  the  proposed  permitting  process.    No
additional  staff  resources should be necessary to implement the
ordinance.  A permit fee schedule would be developed  for  review
by  the  Recreation and Parks Commission and adoption by the City
Council.  The fees  envisioned  by  the  Commission  would  cover
reasonable  costs  associated  with  permitting  and  favor  City
residents.

As a part of the necessary legal  review  in  preparation  of  an
ordinance, the following issues should be considered:

1)  Inclusion of conditions sufficiently broad so as to eliminate
the need for administrative exemptions.

2) Clarification of what uses are absolutely prohibited and  what
uses are accceptable only by permit.

3)  Inclusion of a provision that  would  require  posting  of  a
cleaning  deposit  or  bond  for groups beyond a certain size and
proof of insurance at a certain level for various  categories  of
activity.

4)  The advisability of developing a broad ordinance encompassing
a  range  of  public  open  space uses versus an ordinance with a
narrower focus, restricting recurrent uses only.

FISCAL/BUDGETARY IMPACT

There is no immediate budgetary impact from this proposed Council
action.    However,  when  an  ordinance  and  fee  schedule  are
approved, the necessary budgeting of projected revenues  will  be
requested.

RECOMMENDATION

The City staff recommends that the City Council direct  the  City
Attorney  to prepare an ordinance establishing policies regarding
organized  group  activities  in  City  parks,  considering   the
recommendations  of  the  Recreation and Parks Commission; and to
direct staff to return with a resolution establishing a  schedule
of fees for permits required by the ordinance.

Prepared by:    Susan McCarthy, Acting Director of CARS
                Suzanne Ota, Assistant Director of CARS

Attachment