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SR-703-014 F:atty\muni\strpts\mjm\eruv.doc City Council Meeting 2-22-05 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Resolution Authorizing the City Manager to Enter into a Licensing Agreement with the Los Angeles Coastal Eruv Committee Relating to the Creation of an Eruv Introduction This staff report conveys and explains a request from the County of Los Angeles and the Los Angeles Coastal Eruv Committee that Santa Monica assent to the creation of a coastal eruv, a geographic designation which enables Orthodox Jews to exercise their religious freedom. A resolution is attached which authorizes the City Manager to enter into a licensing agreement with the Los Angeles Coastal Eruv Committee to facilitate the creation of the eruv. Background An eruv is a ceremonial demarcation of a geographic area. The demarcation enables Orthodox Jews who have small children or are disabled to attend synagogue without violating the prohibition against pushing or carrying objects outside of their homes on the Sabbath. Absent creation of an eruv, activities such as pushing baby strollers and wheelchairs or carrying canes and walkers outside the home on the Sabbath would violate Talmudic law. 1 Custom allows construction of an eruv by using lechis (thin monofilament fishing line) to establish eruv boundaries. The enclosure extends the boundaries of their homes to include their synagogues. The lechis are usually attached to existing streetlight poles, poles, fences or other structures to create the continuous boundary of the eruv. Existing case law includes several decisions discussing the creation of eruvs and limiting municipal power to restrict them. One such case establishes that a city law prohibiting the public from attaching things to utility poles could not be asserted to preclude creation of an eruv if the city allowed other attachments to such poles. See Tenafly Eruv Assoc. v. Borough of Tenafly, 309 F.3d 144 (3d cir. 2002) The eruv proposed for the Westside would encompass area within the City and the County of Los Angeles, as well as in Santa Monica. In Santa Monica the proposed eruv boundary would run westward along the freeway and south along Beach Front Walk into Venice. Discussion Cooperating in the establishment of the proposed eruv would help meet the needs of Orthodox Jewish community members and would not detrimentally affect the City as a whole. The lechis consist of clear monofilament strung at a height of at least 16 feet and would be virtually undetectable. They would be attached to existing facilities. No new poles would need to be installed. Thus, visual impacts would be nonexistent or negligible. Installation would be handled by the Committee pursuant to a license with 2 the City. Because the installation would be simple and quick, there would be no noticeable construction impacts. Therefore, there is no practical reason to deny the request. Moreover, there are legal reasons to grant it. Financial Impacts There are no financial impacts. Recommendation Staff recommends that the Council adopt the attached resolution directing staff to enter into a license agreement authorizing installation of lechis on existing City facilities for the purpose of creating the Coastal eruv. PREPARED BY: Kate Vernez, Assistant to City Manager, Government Relations Elaine Polachek, Open Space Manager Craig Perkins, Director of Environmental and Public Works Management Marsha Jones Moutrie, City Attorney See adopted Resolution No. 10019 (CCS) Reference Contract No. 8453 (CCS) 3