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SR-010808-7Ac7-~ City Council Report City of Santa Monica City Council Meeting: January 8, 2007 Agenda Item: ~- "~ To: Mayor and City Council From: Barbara Stinchfield, Director, Community and Cultural Services Subject: Modification to Municipal Codes 4.08.025 and 4.08.060 Relating to Water Activities, Surfing, and Surfing Instruction Recommended Action Staff recommends that the City Council introduce for first reading the attached proposed ordinance to amend Municipal Code Sections 4.08.025 and 4.08.060 relating to regulation of water activities at Santa Monica State Beach. Executive Summary The attached proposed ordinances address beach use conflicts that have arisen from a recent proliferation of commercial surf instruction on Santa Monica State Beach. Specifically, the modifications to SMMC Section 4.08.060 would prohibit commercial surf instruction, except instruction offered through the City's Community Programs or authorized by a limited number of City permits. Modifications to SMMC Section 4.08.025 governing group youth water activities are necessary for clarification purposes and to ensure safety standards for youth groups coming to the beach and entering the water for purposes other than surfing. These proposed changes will enable the City and the Los Angeles County Lifeguards to better ensure public safety, maximize opportunities for recreational use by all beach visitors, and maintain quality surfing instruction opportunities for the public. Such restrictions are in keeping with the practices of other beach managing authorities throughout California. Adoption of the proposed ordinance may result in increased revenues from a higher number of surfing classes provided under contract with the Community Programs Division and also will generate Beach Fund revenues from permit holders who will be required to pay a percentage of gross receipts to the City consistent with other beach concession services. Discussion Surfing has long been an integral part of the Santa Monica lifestyle. Recently, however, there has been a significant rise in the number of commercial surf schools operating on 1 Santa Monica State Beach. This increase is primarily due to 1) the City's liberal surf instruction policies, which allow for some groups to provide unregulated surfing instruction; 2) strict limitations on all surf school activities by neighboring jurisdictions, such as the County of Los Angeles and California State Parks; 3) increased demand for instruction from Santa Monica visitors and 3) an overall rise in the popularity of surfing. The impacts of unregulated surf instruction include overcrowding and unsafe conditions in the water, often unfriendly competition between surf instructors, local surfers, and tourists for the best surfing locations, inequities between the permitted and non- permitted surf groups, and, in some cases, substandard surf instruction. The City would like to encourage surfing instruction on the beach, but in a safe manner that balances the needs of other users. Current Regulation of Surf Instruction and Group Youth Water Activity Currently SMMC 4.08.025 requires that any group of 20 or more children that enter the water for any water activity, including surfing, obtain aBeach/Water Activity Permit from the City's Open Space Management Division. Pursuant to the current ordinance, Beach/Water Activity Permits for specific areas of the beach are issued on a first-come- first-served basis to a limited number of youth groups, some of which include surf schools. Currently, these permits do not require operators to meet any specified health and safety standards or professional qualifications. Last year, 23 applications were received from youth surf camp operators for the three locations identified by the Los Angeles County Lifeguards and City staff as suitable for surf instruction. Four applications were received for other types of youth groups conducting water activities and three permits were granted. This ordinance was passed in 2004 at the request of Los Angeles County Lifeguards who needed advance notice to provide adequate lifeguard coverage when large groups of children would be entering the water. At the time the ordinance was recommended and passed, the Los Angeles County Lifeguards and City staff concluded that the safety issues and water use conflicts would be significantly reduced if large youth groups were regulated through the permit process and other groups such as adults and smaller 2 youth groups remained free to use the water without a permit. In spite of this targeted regulation, staff now estimates there were approximately ten surf schools during summer 2007 that were operating without the need for a permit.. This unprojected and intensive group use resulted in numerous complaints by other beach users and recreational surfers that their enjoyment and use of the beach was diminished. In addition, excessive numbers of surfers have occasionally forced the Los Angeles County Lifeguards to "black ball" specific intensively used areas of the beach, prohibiting surfing for anyone, in order to ensure safety of all in the water. Surf Instruction through City Community Programs In addition to issuing permits for large groups. of children, the City also contracts with qualified surf instructors to offer surfing lessons through the City's Community Programs Division. The City conducts an annual competitive bid process for contracting with these instructors and selects those proposals that provide the greatest variety of quality group and individual lessons. Among the criteria used to evaluate proposals are the proposer's professional qualifications, safety practices, scope of services, and other community benefits such as subsidized instruction for low income students. The City handles all participant registrations and the contractor receives a percentage of the fees collected. Over 1,000 registrations are received annually, of which over 90% are from youth. Proposed Changes SMMC 4.08.060: Staff recommends expanded regulation of surf instruction through changes to SMMC 4.08.060 to reflect that all surfing instruction, training, or coaching for compensation, regardless of where the financial transaction takes place, the size of the group, or the age of the participants, be prohibited unless authorized by the City through a Community Programs contract or Open Space Management permit. Staff recommends that SMMC 4.08.060 authorize a new Surfing Instruction Permit to be issued by the Open Space Management Division. The Permit would be issued with priority first to the City's Community Program contractors, who offer affordable classes 3 for the community, and secondly to accredited educational institutions offering surfing instruction for course credit. Other permits, such as permits for high-quality individual and walk-up instruction, would be awarded on a competitive basis such as through a Request for Proposals process. Criteria that may be used to evaluate proposals in a competitive process include proposers' experience, references, health and safety plan, financial capability, and rental bid. Rent in the form of a percentage of gross receipts will be charged, representing a new revenue stream to the Beach Fund, which will be used to off-set expenses related to the administration of such permits and maintenance of beach facilities. Staff recommends that the number of Surfing Instruction Permits issued vary by season based on lifeguard recommendations for public safety, public demand for lessons, and other current beach activities and uses. For the summer of 2008, staff estimates that permits would be issued for the City's Community Programs around Tower 29 and north of the Pier, and for accredited educational institutions and individual and walk-up instruction around Tower 18. SMMC 4.08.025: Staff further recommends changing SMMC 4.08.025 that governs the issuance of the current Beach/Water Activity Permits to exclude group surf instruction, which would now be regulated pursuant to SMMC 4.08.060, and to focus on other water activities of youth groups of 20 children or more. The change provides for two types of permits. "On-going" permits would be issued to groups with more than 20 children that enter the water more than once a week such as daily sand camps. "Occasional Use" permits would be issued to groups with more than 20 children that enter the water less than once a week such as church groups and summer schools. "On-going" permits would be issued on a lottery basis to those applicants that meet minimum safety criteria and to clarify the intent and purpose of the ordinance. "Occasional Use" permits would continue to be issued on a first come first served basis. 4 Effectiveness of Proposed Changes Staff will present an assessment of summer beach activity and the impacts of the ordinance changes, if enacted, to the City's Recreation and Parks Commission in the fall of 2008. In particular, staff will assess the need for further modifications in regards to: Permit duration Minimum permit requirements • Differentiating between youth and adult instruction • Differentiating between individual and group instruction • Fees for permits and/or percentage return from Community Programs Number and location of permits and contracts Alternatives The Council may choose any of the following alternatives: Make no changes to the ordinance and allow unregulated commercial surf lessons to continue except for groups of 20 children or more; Prohibit all surf instruction on Santa Monica State Beach except through City programs; or • Direct staff to contract with a single concessionaire to provide all surf instruction on Santa Monica State Beach. Public Outreach A public meeting was held on November 12, 2007, to solicit input from affected stakeholders. Attendees of the meeting included local residents and surfers, contracted, permitted, and unregulated surf school owners, parents of surf students, and LA County Lifeguards. A large majority of the comments received were supportive of more regulation, however, opinions varied on the number and location of permits that should be issued annually. In general, recreational surfers and other beach goers prefer that surfing instruction take place only north of the Pier. However, in general, surfing instructors feel that the surf north of the pier is less appropriate for instruction and that difficulties accessing the beach from Pacific Coast Highway make operating north of the pier undesirable. 5 On December 8, 2007, the City's Recreation and Parks Commission reviewed the proposed ordinance changes and took public comment. Approximately 20 members of the public attended, including many from the Nov. 12th meeting. Public testimony closely echoed that received at the previous .meeting. The Commission voted unanimously to support staff's recommendation and the proposed ordinance with the following recommendations. • Remove the possibility of a jail sentence from the penalties-section of the ordinance. Staff recommends the penalty section remain as it is consistent with other health and safety ordinances. Include a minimum requirement for instructor qualifications, such as appropriate health and safety certifications; a minimum requirement for health and safety practices, such as student to instructor ratios; and a minimum requirement for instructor experience. Staff has committed to including these criteria in the permit application requirements. The City's RFP process for Community Programs already includes such minimum criteria. Ensure that hotel guests can receive individual surfing instruction upon request. Staff is recommending that individual and walk-up instruction be allowed by permit at or near Tower 18 -the location most convenient to Santa Monica visitors including hotel guests. Permits for this type of instruction will be issued through a Request for Proposal process that requires instruction comparable to that currently provided to visitors through hotel contractors. • Prohibit the placement of commercial banners and advertising on the beach in association with surfing schools. SMMC 9.52.150 already provides the necessary authority to prohibit such advertising and banner placement. Staff of the Department of Community and Cultural Services will work with SMPD to address enforcement needs. Limit the term of a permit to approximately three weeks to allow a variety of surfing instructors to receive permits. Staff has committed to revisiting this recommendation along with other alternatives after next summer. The City also has contacted a number of accredited educational institutions known to offer or be interested in surfing instruction on Santa Monica State Beach in the past. Staff anticipates that the proposed changes would allow those institutions currently offering surfing instruction for credit to continue operations. 6 Financial Impacts & Budget Actions Adoption of the proposed ordinance may increase revenues to the Community Programs Division as the primary source of surfing lessons and will create a new revenue stream to the Beach Fund through payments by permit holders of a percentage of their gross receipts. There is no immediate necessary budget action. Prepared by: Trinie Garcia-Valdez, Community Use Administrator Callie Hurd, Open Space Manager Approved: Forwarded to Council: Barbara ~Qinchf I L~.P: La 6 Ern Director, om unit & Cultural Services City Hager 7 DRAFT City Council Meeting ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNC! AMENDING SANTA MONICA MUNICIPAL=f RELATING TO REGULATION OF BEACH MONICA STA WHEREAS, over twelve mil[or""tt~ty Monica State Beach each year; and WHEREAS, ma'peopla:fase the WHEREAS; portions of th~ibeach and_j during summer months anct oh' holidays; aid :~> Santa Monica, California (CCS) I'HE CITY OF SECTIONS 4. are often very crowded, particularly usage by professional surf instructors as well as _,. organized youth programs is proliferating; and in the water poses a threat to the safety of both surfers and swimmers; significantly to crowding and makes lifeguards' work more difficult; and WHEREAS the County lifeguards have asked the City to adopt a permitting system to regulate group beach/water usage; and MONICA ?AND 4.08.60 ~T SANTA visitors recreate at Santa a variety of water sports; and 1 WHEREAS, to maintain water safety and maximize amities-fer public recreational opportunities, it is necessary for the City to regulate certain water and beach activities including surfing instruction and organized youth programs; NOW, THEREFORE,, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Secton 4 $ U~Q; is hereby amended as follows: Section 4.08.060 (A) It shall be un promulgate regulations implementing this section limiting opportunities for commercial use of the beach for surf instruction and establishing a process or processes for 2 allocating such opportunities through the issuance of surf instruction permits. Those regulations shall ensure that the beach and the surf remain a shared public resource, that the natural beauty of the beach is preserved, that the beach system, and a charge consisting of a percentage of gross receipts. 3 (E) Permittees must comply with all applicable federal, state, and city laws, rules and regulations, including those governing the operation of a business in Santa Monica. (F) Any person violating this Section or the regulations such fine and imprisonment. SECTION 2. ;€ Santa: Monica' ~lurticipal Codei Section amended Beach/water Camps, clugs~ schools; churches, and other organized 4.08.025 is hereby ust have abeach/water activity permit issued by the Community and Cultural Services Department of the City when more than twenty children seventeen years old or younger will be entering the water *^ ~ ~°° +h° h°°nh +^. ^~^'~. Permits for on-going use (groups that use 4 the beach more than once a week) at specified areas of the beach shall be issued on a priority basis first to Cites operated or City-contracted programs; second to accredited educational institutions providing surf instruction for school may be cfa~ged #a-per-thy A beach/water activity permit will not be required if a group has a community ev2l~ts permit. ' If the water/beach activity includes 4.08.060 apply. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the 5 extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shalliot affect the validity of the remaining portions of this Ordinance. The City Oduncil hereby declares that it would have passed this Ordinance and .each and every:.section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without i regard to whether any portion of the ordinance wotffd be subsequei~fly declared invalid or unconstitutional. SECTION 5. The Mayor shalt sign of this the official newspaper wifft(n 15 City attest to the passage to be published once in its adoption. This Ordinance shall H:\OpenSpaceManagement\Share\BEACH\SURF CAMPS\2007 Ordinance\surting drag ordinance 12.18.07.doc s Additional attachments available in City Clerk's Office.