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SR-308-005 (3) '1E F: \atty\m u n i\strpts \m j m \beach perm its. doc City Council Meeting 6-8-04 JUN 0 8 2004 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. 7E 1 JUN 0 8 2004 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. 2 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/Budqet 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 3 SEE ADOPTED ORDINANCE NO. 2125 (CCS) e ..... J Date Received Staff Initials Santa Monica State Beach Application for Beach/Water Activity Permit City of SaDta Monica'" Dept. of Community & Cultural Services / Open Space Management Division 2600 Ocean Park Blvd., Santa Monica, CA 90405 Phone: (310) 458-8974 Fax: (310) 399-6984 . A BeachlWater Activity Permit is required only if your group includes 20 children or more (17 years and younger) who will be entering the ocean. Permits are issued for Monday-Friday only excluding holidays. . Applications are reviewed on a first-come, first serve basis and must be submitted a minimum of 2 weeks, but not more than 1 year, in advance of activity. . Swim sites can accommodate a maximum of 100 participants; surf sites can accommodate a maximum of 50 participants. . Please see back of this form for details on requirements, available sites, parking and general rules. _1.._1- ION-SITE CONTACT: ORGANIZATION: CELL PHONE: ADDRESS: CITY: ZIP: DAY PHONE: FAX: EMAIL: CIRCLE ONE: SURF CAMP (Beginners) SURF CAMP (Experienced) DAY CAMP PRIVATE SCHOOL PUBLIC SCHOOL NON-PROFIT STATUS: YES NO (If yes, attach a copy of 501 (c)3 letter) ."._"1:11" (Available sites listed on back of this form). DAY CAMPS/SCHOOLS: 1 ST CHOICE: TOWER #: 2ND CHOICE: TOWER # SURF CAMPS: Site will be assigned. DATE(S) REQUESTED: ARRIVAL TIME: DAY(S) OF WEEK: AM/PM DEPARTURE TIME: AM/PM TOTAL NUMBER OF PARTICIPANTS: DESCRIPTION OF ACTIVITY: SIGNATURE: DATE: 1.1:..- Approved certification form on file Permit granted by: Date: IT'T::WJIII.IlII"jlll'T'tilll.[ISl.......*........ ,,_JllIlJ_._..~!l,~.~I&l..,..., ~ . A Beach/Water Activity Permit is required only if your group includes 20 children or more . (17 years and younger) who will be entering the ocean. Permits are issued for Monday-Friday only excluding holidays. . Applications are reviewed on a first-come, first serve basis and must be submitted a minimum of 2 weeks, but not more than 1 year, in advance of activity. Once an area is full, no additional permits will be issued for that area. . Applications will be reviewed by the Open Space Management Division and Los Angeles County Lifeguard Division. Allow 2 weeks from receipt of completed application for processing. 11II1111"1II...II_dllll . General Liability Insurance coverage is required. An insurance certificate must be obtained in the amount of one million dollars worth of general liability coverage, naming the City of Santa Monica as an additional insured (original required). If school district is self-insured, a letter from the District will be acceptable. . A Hold Harmless and Indemnification Agreement is required. . A Participant Release Form may be required. Permittee must require each participant in any athletic event undertaken in connection with this permit, to execute a written City-approved "Release of Liability" form. Permittee must retain each release form for a period of not less than one year after the event. . Non-Profit camps must provide a copy of IRS 501 (c)3 Status Letter. ~'l~~B.'~I".I'jJl!.'iil.'l.J'" jfA.%i:iJl-A.'l1rltlll~~..;~I'%.';1: !S:'1iTiSmiilitl-. i-d. "iii-jETI..' __..~_~_=_.~.,..~._M.L______ . NOTE: Number of participants allowed is based on the maximum number that the Los Angeles County Lifeguard Division can SAFELY handle. . SURF CAMPS: Surf camps with permits may be assigned to Tower 25 (2600 block of Barnard Way-south of the SM Pier) with a maximum of 50 surfers or to Tower 6 (500 block of PCH) with a maximum of 50 surfers. . Los Angeles County Lifeguard Division recommends a ratio of instructors to surfers (in water) of 5 to 1 and no greater than 7 to 1. . DAY CAMPS: Day Camps with permits may be assigned to the following towers with a maximum of 100 participants per tower. o Tower 4 (400 block of PCH, north of the SM Pier) o Tower 6 (500 block of PCH, north of the SM Pier) o Tower 10 (900 block of PCH, north of the SM Pier) o Tower 17 (2000 block of Barnard Way, south of the SM Pier) . Los Angeles County Lifeguard Division recommends a ratio of children to teachers/counselors of 15 to 1 and no greater than 20 to 1. lIllil.~'II:.qlf1I,I,1111111I . Permittee is to maintain area clean of trash. Permittee is required to remove camp-generated trash and place in trash receptacles before leaving the area. . No alcohol is permitted on the beach or in a beach parking lot. . No glass containers are permitted on the beach. . No smoking, fire or cooking allowed on the beach. . No dogs permitted on the beach or beach parking lot. . No tents or temporary enclosures are permitted. Canopies must be no larger than 400 sq. ft. . No drums or percussion instruments are permitted on the beach. . Portable boomboxes are permitted. Please be courteous to neighbors. . Small signs/banners are allowed to identify the location of the camp/school only. . Parking: Authorized public school buses may park at a discounted rate of $10.00 in the 1550 lot (north of SM Pier). If space is not available, buses can park for FREE in the lots south of Pier (2030 & 2600 Barnard Way). The request for parking discount must be submitted in advance on official school letterhead indicating number of buses, arrival dates and times. Fax request to: Open Space Management Division at (310) 399-6984. All other groups must pay applicable parking rate upon entry. . Lifeguards have the authority and discretion to relocate the camp location due to hazardous beach or surf conditions. . Each camp must have a cell phone on the beach during operational hours. Cell phone number will be on file with the Los Angeles County Lifeguards Headquarters for emergency contact only. . Each camp must have a first aid kit with supplies mandated by Lifeguards.