SR 12-18-2018 7A
City Council
Report
City Council Meeting: December 18, 2018
Agenda Item: 7.A
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To: Mayor and City Council
From: Karen Ginsberg, Director, Community & Cultural Services
Subject: Introduction and first Reading of an Ordinance Amending Santa Monica
Municipal Code Chapter 4.55 – Park and Beach Code; and Chapter 4.68 –
Community Events
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance amending Santa Monica Municipal Code Chapter 4.55 - Park and Beach
Code; and Chapter 4.68 - Community Events.
Executive Summary
The City’s Parks and Beach Code (Chapter 4.55) sets forth standards for the use,
preservation, protection and maintenance of a variety of public spaces and recreational
facilities to ensure their availability as a shared resource for all members of the public,
promote the safety and welfare of users, and minimize conflicts between uses. Staff is
proposing amendments and additions to Chapter 4.55 -- Park and Beach Code to
amend Sections 4.55.010, 4.55.020, 4.55.210, 4.55.400 and add Section 4.55.430; and
Chapter 4.68 – Community Events to amend Section 4.68.190 including:
1. Elaborating on the purpose of Chapter 4.55 Park and Beach Code by
amending Section 4.55.010 to include maintenance, preservation and
protection of aquatic facilities owned and operated by the City.
2. Amending the definitions of Section 4.55.020 to more explicitly subject
aquatic facilities to the regulations under the Park and Beach Code;
3. Expanding the authority of the Director of Community and Cultural
Services in Section 4.55.400 (a) to permit the Director to adopt rules
and regulations for aquatic facilities;
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4. Adding Section 4.55.430 to permit suspension of visitation privileges of
persons that violate rules and regulations adopted by the Director of
Community and Cultural Services for aquatic facilities;
5. Amending Section 4.55.210 to require all organized groups of 20 or
more persons, regardless of age, entering the water on Santa Monica
State Beach to obtain a permit; and
6. Amending Section 4.68.190 to permit vending at residential block
parties and widely-publicized public street events.
Background
The Community and Cultural Services (“CCS”) Director has the authority to develop and
implement rules and regulations for the City’s parks, beach and the Swim Center.
CCS currently operates programs at parks, the beach and aquatic facilities: the Santa
Monica Swim Center and the Annenberg Community Beach House. People participate
in a wide variety of learn-to-swim classes, training programs, drop-in water fitness
classes, lap swim, and fun events for community members of all ages.
In addition, Santa Monica State Beach is a popular destination for a wide variety of
recreational sport activities. CCS currently issues beach/water activity permits for youth
groups, camps, schools and other organized groups for ages 17 and under, when more
than 20 will be entering the water. Over the past several years, the City has seen an
increase in organized adult groups of more than 20 entering the water for ocean swims
and training. These groups include swim clubs, school teams and other swim training
organizations. The unregulated organized group swim activity has caused use conflicts,
overcrowding, and potentially unsafe conditions.
Lastly, the City has a community events policy created to establish a process for
permitting community events to use City parks, open space, facilities and streets for
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neighborhood street events or residential block parties. The current Event Law prohibits
vending on a closed street at a neighborhood street event or residential block party.
Discussion
Park and Beach Code
Since the adoption of the Parks and Beach Code, a new aquatic facility has been added
to the City’s portfolio, the Annenberg Community Beach House. However, the new
aquatic facility is not currently included in Section 4.55.010, which identifies the purpose
of the Parks and Beach Code. Section 4.55.010 provides that the purpose of the Parks
and Beach Code is, among other things, to maintain the City’s parks, beaches, Swim
Center, and Interim Airport Open space, preserve and protect recreational facilities, and
promote the safety and welfare of users. Therefore, staff proposes to include the
Annenberg Community Beach House in the Parks and Beach Code for regulation.
The progressive enforcement of rule violations is meant to prevent a reoccurrence of
behaviors that jeopardize the safety and welfare of the patrons that visit aquatic
facilities. Currently any person violating the Parks and Beach Code or rule may be
subject to an administrative citation. Additionally, if a permit is held, the City may
revoke, suspend or deny the permit, with the decision appealable to a Hearing
Examiner. However, the Municipal Code is silent on whether a person can be subject to
the suspension of his or her visitation privileges from aquatic facilities for violating the
rules and regulations adopted by the CCS Director. Staff proposes amending the Parks
and Beach Code to explicitly permit suspension of visitation privileges of persons that
violate rules and regulations adopted by the CCS Director for aquatic facilities.
Consistent with the library privilege suspension process, any suspension of aquatic
facility use privileges would be limited to a period not to exceed one year.
Staff further recommends that individuals facing suspension be afforded the right to
appeal the decision to an independent City Hearing Examiner. The proposed Section
4.55.430 outlines the appeals process for any person subject to suspension of his or her
visitation privileges to aquatic facilities, which mirrors the due process afforded to
persons facing suspension of library privileges.
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Municipal Code Section 4.55.210 provides that camps, clubs, schools, churches and
other organized groups must have a beach/water activity permit issued by the City when
more than 20 youth aged 17 or younger enter the water. With the increase in adult
organized groups of 20 or more persons entering the water, staff is proposing
expanding Code 4.55.210 to cover all organized groups, regardless of age. Such
groups that visit the beach and enter the water would be required to acquire a City
permit. Issuing permits for all groups when more than 20 persons enter the water will
assist Los Angeles County Lifeguards in managing the water and ensuring adequate
lifeguard coverage.
Events Policy
Santa Monica Municipal Code Chapter 4.68, which regulates community events, was
adopted by the City Council in June 2000. Consistent with Chapter 4.68, the City
Manager thereafter adopted implementing regulations commonly referred to as the
Events Administrative Instruction. In adopting these policies, the Council and staff
recognized the substantial community benefits that may result from community events,
including cultural enrichment, promotion of economic vitality and enhancement of
community identity. Community events may also provide funding opportunities for
service organizations.
Currently no vending is allowed on a closed street at a neighborhood street event or
residential block party. Changing this policy to allow for vending or commercial activity
on closed street events may offer benefits such as promoting and encouraging cultural
enrichment, economic sustainability and vitality, and the enhancement of community
identity. Additionally, neighborhood serving businesses will have a better opportunity to
engage with area residents. Neighborhood groups may be more apt to take part in a
neighborhood block party as revenue from vendors (i.e. food trucks) may help cover the
costs of producing the event. Consequently, staff recommends that the prohibition of
vending at neighborhood street events, including requests for donations in exchange for
merchandize, be removed from the code.
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Financial Impacts and Budget Actions
There is no budget action necessary as a result of recommended action.
Prepared By: Wendy Pietrzak, Senior Administrative Analyst
Approved
Forwarded to Council
Attachments:
A. Ordinance - CCS - Parks and Beach Code - Aquatics Rules & Regulations -
12182018
B. PowerPoint
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City Council Meeting: December 18, 2018 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING CHAPTERS 4.55 AND 4.68 OF THE SANTA MONICA
MUNICIPAL CODE RELATED TO PARK AND BEACH REGULATIONS AND
COMMUNITY EVENTS
WHEREAS, the City of Santa Monica (the “City”) consists of just over eight
square miles, which is home to 93,000 residents, with an estimated daytime population,
including tourists, shoppers, and employees, of 250,000, and a destination for many
more visitors on weekends and holidays; and
WHEREAS, the intensity of use of City aquatic facilities, such as the Swim
Center and Annenberg Community Beach House , necessitates regulation to avoid
safety hazards and protect the wellbeing of persons visiting such facilities; and
WHEREAS, disruptive behavior within the Swim Center, Annenberg Community
Beach House, and other aquatic facilities interferes with the general public’s use and
enjoyment of these public facilities and damages the public welfare; and
WHEREAS, the Director of the Department of Community and Cultural Services
is authorized to promulgate rules and regulations to regulate the Swim Center and other
aquatic facilities; and
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WHEREAS, it is necessary to update local law to clarify the City’s authority to
suspend visitation privileges for the Swim Center, Annenberg Community Beach House,
and other aquatic facilities for violations of applicable rules and regulations; and
WHEREAS, regulation of unauthorized swim activity on the Santa Monica State
Beach by groups of more than twenty persons will lessen conflicts, overcrowding, and
potential unsafe conditions; and
WHEREAS, the City seeks to allow vending at residential block parties and non-
moving events that will be widely-publicized at neighborhood streets to promote and
encourage cultural enrichment, economic sustainability and vitality, and enhance
community identity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 4.55.010 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.010 Park and beach—Purpose and findings.
In order to maintain the City’s parks, beaches, Swim CenterAquatic Facilities,
and Interim Airport Open Space, preserve and protect recreational facilities and foliage,
ensure their availability as a shared resource to all members of the public, promote the
safety and welfare of users, and minimize conflicts between uses, this Chapter sets
forth standards for the utilization and maintenance of parks, beaches, Interim Airport
Open Space, and Swim CenterAquatic Facilities utilization and maintenance. This
Chapter may be referred to as the Park and Beach Code.
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SECTION 2. Section 4.55.020 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.020 Park and beach—Definitions.
As used in this Chapter, the following words and phrases shall have the following
meanings:
“Aquatic Facilities” shall mean and refer to facilities that are owned or operated
by the City and that are open to the public for aquatic activities, including the Santa
Monica Swim Center located at 2225 16 th Street and Annenberg Community Beach
House located at 415 Pacific Coast Hwy, Santa Monica .
“Beach facility” shall mean any building, structure, recreational facility, parking
facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall,
curb, rail, fountain, statue or other City property located on the beach.
“Compensation” shall mean payment for work or services performed, by salary,
wages, commission, or otherwise, including the giving of goods as remuneration.
“Department” shall mean the Department of Community and Cultural Services.
“Director” shall mean the Director of the Department of Community and Cultural
Services.
“Interim Airport Open Space” shall mean and refer to an approximately six -acre
parcel located southeast of the Santa Monica Airport Admin istration Building and at the
Santa Monica Airport.
“Litter” means any abandoned, discarded substance including, but not limited to:
garbage, refuse, rubbish, abandoned and inoperable household appliances, discarded
packaging or containers, discarded building, plumbing or construction material, unless
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pursuant to construction operations, lighted or nonlighted cigarettes, cigars, matches or
any flaming or smoldering material, and all other waste matter which, if thrown or
deposited as prohibited herein, may be detrimental to public health, safety and welfare.
“Park” shall mean and include the following parks in the City: Airport Park,
Ashland (Sunset/Ashland Park) Park, Beach Green, Beach Park #1, Beach Park #4,
Barnard Way Linear Park, Chess Park, Clover Park, Crescent Bay Park, Douglas Park,
Euclid Park, Gandara Park, Goose Egg Park, Hotchkiss (Mary Hotchkiss Park) Park,
Ishihara Park, Joslyn Park, Christine Emerson Reed Park, Ken Genser Square, Marine
Park, Memorial Park, Ocean Park Green Space, Ocean Vie w Park, Ozone Park, Pacific
Street Park, Palisades Park, Park Drive Park, Schader Park, South Beach Park, Tongva
Park, Virginia Avenue Park, and any City-owned landscaped open space in the Civic
Center area, and any other area established as a park by the City Council.
“Park facility” shall mean any building, structure, parking facility, recreational
facility, synthetic turf, furniture, fence, monument, equipment, apparatus, walkway, wall,
curb, rail, fountain, statue or other City property located in a Ci ty park.
“Park foliage” shall mean any tree, hedge, bush, shrub, plant, flower, grass, or
foliage or turf in any park.
“City Park Parking Lot” shall mean the parking lots within the following
designated City Parks:
(a) Clover Park, located at 2600 Ocean Park Blvd, Santa Monica;
(b) Gandara Park, located at 1819 Stewart Street, Santa Monica;
(c) Marine Park, located at 1406 Marine Street, Santa Monica;
(d) Virginia Avenue Park, located at 2200 Virginia Ave, Santa Monica;
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(e) Memorial Park, located at 1401 Olympic Blvd, Santa Monica;
(f) Airport Park, located at 3201 Airport Ave, Santa Monica; and
(g) Any other parking lot established as a City Park Parking Lot by the City
Council.
“Swim Center” shall mean and refer to the Santa Monica Swim Center located at
2225 16th Street, Santa Monica.
SECTION 3. Section 4.55.210 of the Santa Monica Municipal Code is hereby
amended to read as follows:
4.55.210 Beach—Youth gGroup beach/water activity permits.
Camps, clubs, schools, churches, and other organized groups must have a
beach/water activity permit issued by the City when more than twenty children
seventeen years old or younger persons will be entering the water. Permits for on -going
use (groups that use the beach more than once a week) at specified areas of the beach
shall be issued on a priority basis first to City -operated or City-contracted programs.
Other permits or authorizations shall be granted on a competitive basis such as a
request for proposal process. Permits for occasional use (groups that use the beach
once a week or less) shall be issued on a first -come, first-served basis. A fee may be
charged to cover costs arising from administering the permit system, and other costs
arising from group beach and water activities. A beach/water activity permit will not be
required if a group has a community events permit. If the water/beach activity includes
surf instruction for compensation, the provisions of Section 4.55.230 apply.
SECTION 4. Section 4.55.400 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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4.55.400 Authority of Department of Community and Cultural Services to
regulate parks, beaches, park facilities, beach facilities, aquatic facilities, and
other sites.
(a) The Director may promulgate rules and regulations implementing the
provisions of this Chapter to regulate parks, beach, Interim Airport Open Space, and
Swim CenterAquatic Facilities. No person shall violate any such rules and regulations.
(b) The Director may authorize exceptions to this Chapter or to any
implementing regulations for the purpose of coping with an emergency as defined in
Section 2.16.020.
(c) Rules and regulations for the use of Aquatic Facilities shall be posted on
the premises in a conspicuous location.
(d) Any person who has violated any rule or regulation for the use of Aquatic
Facilities may be required by an authorized representative of the City to leave the facility
immediately and may be subject to the suspension of his or her visitation privileges for a
period not to exceed one year. No person shall fail to comply with such a lawful
directive from the City.
(e) Any person subject to suspension o f his or her visitation privileges, as
authorized by subsection (d) above, may appeal the suspension to a Hearing Officer
pursuant to procedures set forth in Section 4.55.430. Unless otherwise ordered by the
Hearing Officer or by a Court of competent juri sdiction, a suspension under subsection
(d) remains in effect during the pendency of any administrative or judicial appeal.
SECTION 5. Section 4.55.430 is hereby added to the Santa Monica Municipal
Code to read as follows:
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4.55.430 Procedures for appeal of suspension.
(a) Any person subject to suspension of his or her visitation privileges,
pursuant to Section 4.55.400(d) of this Code, may appeal the suspension to a City
Hearing Officer by completing an appeal form, stating the basis of the appeal, and
returning it to the City Clerk’s office within seven business days of the start of the
suspension.
(b) The Hearing Officer shall be appointed in accordance with the procedures
set forth in Section 1.10.050 and Administrative Regulations promulgated pursuant to
Section 1.14.030.
(c) City staff shall submit a written report concerning the suspension to the
Hearing Officer, with a copy to the person requesting the hearing, within five busine ss
days of the City’s receipt of the request for appeal. The Hearing Officer may request
additional written or oral information from City staff or the recipient of the suspension
prior to issuing a written decision.
(d) The Hearing Officer shall render a written decision within thirty business
days of the City’s receipt of the request for appeal. The Hearing Officer may extend this
thirty-day period, in writing, in order to gather and consider additional evidence.
(e) Any person directly aggrieved by an administrative decision of a Hearing
Officer may obtain review of the administrative decision by filing a petition for review
with the Superior Court in Los Angeles County.
SECTION 6. Section 4.68.190 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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4.68.190 Neighborhood street events.
Requests for a permit to utilize a street for a residential block party shall be made
by filing an application for a “permit to close a public street” with the Transportation
Engineering Group. The applicant must be a resident living on or a business located on
the street. The applicant must include a petition in favor of the event signed by two -thirds
of residents and businesses on both sides of the street to be closed. Only a street
classified by the City in its Land Use and Circulation Element as a “neighborhood” street
may be utilized for a block party.
Requests for a permit to utilize a neighborhood street for a non -moving event that
will be widely-publicized and open to participants other than the residents of the street
shall be made by filing a community event permit application with the Community Events
Office in addition to a permit to close a public street. The applicant must be a resident
living on or a business located on the street and the applicant must include a petition in
favor of the event signed by two -thirds of residents and businesses on both sides of the
street to be closed.
No vending will be allowed. The application to utilize a neighborhood street will be
subject to such additional rules and regulations adopted by City staff to ensure that the
street closure will not be detrimental to the public health, safety, or welfare.
SECTION 7. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 8. 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 shall not affect the v alidity of the
remaining portions of this Ordinance. The City Council 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 regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
_________________________
LANE DILG
City Attorney
SANTA MONICA MUNICIPAL CODE
ARTICLE 4 –PUBLIC WELFARE, MORALS AND POLICY: PROPOSED MODIFICATIONS
Introduction and first Reading of an Ordinance Amending
Santa Monica Municipal Code Chapter 4.55 –Park and Beach
Code; and Chapter 4.68 –Community Events
CHAPTER 4.55 PARK AND BEACH CODE
In order to maintain the City’s parks, beaches, Swim Center,
and Interim Airport Open Space, preserve and protect
recreational facilities and foliage, ensure their availability as
a shared resource to all members of the public, promote the
safety and welfare of users, and minimize conflicts between
uses, this Chapter sets forth standards for park, beach,
Interim Airport Open Space, and Swim Center utilization and
maintenance.
CHAPTER 4.55 PARK AND BEACH CODE
Amend Section 4.55.010 to include maintenance,
preservation and protection of aquatic facilities owned and
operated by the City (Santa Monica Swim Center, Annenberg
Community Beach House Pool, and Lincoln Middle School Pool)
Amend Section 4.55.020 to more explicitly subject aquatic
facilities to the regulations under the Park and Beach Code
CHAPTER 4.55 PARK AND BEACH CODE
Expanding the authority of the Director of Community and
Cultural Services in Section 4.55.400 (a) to permit the Director
to adopt rules and regulations for aquatic facilities;
Adding Section 4.55.430 to permit suspension of visitation
privileges of persons that violate rules and regulations
CHAPTER 4.55 PARK AND BEACH CODE
Amend Section 4.55.210 to require all organized groups of 20
or more persons, regardless of age, entering the water on
Santa Monica State Beach to obtain a permit
CHAPTER 4.68 COMMUNITY EVENTS
4.68.010 Purpose.
It is the purpose of this Chapter to establish a process for permitting community events to use City streets, parks,
open space, facilities or services in accordance with the community event policy established by the City Council on June
27, 2000. The City recognizes the substantial community benefits that may result from community events. They can
provide cultural enrichment, promote economic vitality and enhance community identity. They may also provide funding
opportunities for service organizations. The purpose of this Chapter is to provide a coordinated process for managing
community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit
illegal activities from occurring at the community events, and to protect the rights of community event permit holders. It
is also the intent of the Council to protect the rights of people to engage in expressive activities in the City’s public
places and to establish the least restrictive and reasonable time, place and manner regulation of these activities. It is
further intended to create mechanisms for cost recovery and use charges, to the extent authorized by law, while not
unduly impacting the viability of events. (Added by Ord. No. 2008CCS §1, adopted 5/8/01)
Amend Section 4.68.190 to permit vending at residential block
parties and widely-publicized public street events