City Council Meeting 6-8-04                                                                 Santa Monica, California

TO:                  Mayor and City Council

FROM:            City Staff

SUBJECT:     Emergency Ordinance Adding Section 4.08.025 to the Santa Monica Municipal Code Requiring Permits for Large Group Use of Santa Monica Beaches for Water Activities and Amending Section 4.08.020 to Update and Clarify Its Provisions

 

Introduction

The attached emergency ordinance would create and require a beach and water activity permit for children’s groups similar to permits already required by Los Angeles County.  The Ordinance would also amend and clarify a Municipal Code section relating to lifeguards’ authority.  The ordinance is intended to preserve safety and is presented to the City Council for adoption.

Background

Los Angeles County lifeguards maintain water safety at the beach in Santa Monica.  Municipal Code Section 4.08.020, adopted in 1974, gives lifeguards authority to preserve water safety.  Recently, Los Angeles County representatives expressed concern that group use of the beach by children’s camps, clubs, schools, churches, and other groups, may threaten water safety.  If two or more groups use the same area of the beach at the same time, lifeguards may have difficulty keeping everyone safe.

Los Angeles County addresses this concern through a permitting system for beach and water use by organized groups.  County lifeguards have asked the City to promptly establish a similar permitting system.  Their request for prompt action is based on the fact that increasing numbers of large groups are coming to Santa Monica because demand has made it difficult to get beach use permits in Los Angeles.

Discussion

The attached proposed emergency ordinance would establish a permit requirement for camps, clubs, schools, churches, and other organized children’s groups using the beach for water activities.  A permit would allow use in a designated area.  Designations would be based on current use patterns, surf and water conditions, and the availability of lifeguard personnel.  The Open Space Management Division of the Community and Cultural Services Department would issue the permits on a first come, first served basis for specified areas of the beach.  A draft of the proposed permit application form is attached.

Groups larger than 150 people would be required to obtain a Community Events Permit and would not need a beach/water activity permit.  As in Los Angeles, groups without permits would be asked by lifeguards to relocate to another area of the beach or to return when the beach is less crowded.  Los Angeles reports that enforcement of their permitting system is not a problem and that lifeguards are uniformly successful in attaining voluntary compliance.  If the ordinance is adopted, signage will be posted to inform the public of the permit requirement and groups that frequently use the beach will be notified.

The proposed ordinance would also update and clarify Municipal Code Section 4.08.020 to reflect the facts that some lifeguards are female and to clarify that lifeguards are empowered to preserve water and beach safety.

The ordinance is being presented as an emergency ordinance so that the permitting system, which will help lifeguards preserve water safety, can be in place before the start of the busy summer beach season.

Financial/Budget Impact

The proposed ordinance would have minimal impact.  The City could charge a fee to defray the cost of processing permit applications.

Recommendation

It is respectfully recommended that the accompanying emergency ordinance be adopted.

PREPARED BY:       Marsha Jones Moutrie, City Attorney

                                    Barbara Stinchfield, Director of Community and Cultural Services

                                    Elaine Polachek, Open Space Manager

                                    Trinie Garcia-Valdez, Community Use Administrator

 

ATTACHMENT:        Proposed, Emergency Ordinance

                                    Permit Application