O2257F:~Atty\M u niLaw\Share\Laws\MJ M\GlowOrdinance
City Council Meeting: April 8, 2008 Santa Monica, California
2257
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA IMPOSING A TEMPORARY SUSPENSION OF CERTAIN
MUNICIPAL CODE PROVISIONS AND OTHER LEGAL REQUIREMENTS WITHIN
STATED BOUNDARIES FOR THE PURPOSE OF CONDUCTING AONE-NIGHT
ARTS FESTIVAL
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose.. The City Council finds and
declares:
(a) The City of Santa Monica is committed to promoting the arts and fostering
a broad range of community and cultural opportunities for residents and visitors.
(b) The community has requested that the City undertake production of a
signature cultural event that would be specific to Santa Monica, would draw
international recognition, and would enhance the City's reputation as a cultural center.
(c) The development of such an event for Fiscal Year 2008/09 was one of the
recommendations contained in the community cultural plan, Creative Capital, a plan for
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the development of Santa Monica's art and culture adopted by the City Council; and the
Council approved Creative Capital and the cultural festival.
(d) This festival will provide a unique recreational .and cultural opportunity for
City residents and promote cultural tourism.
(e) Accordingly, the City will produce Glow, as dusk to dawn arts festival,
which will pay tribute to Santa Monica's spectacular beach-front setting by recognizing
the grunion, a small silver fish that emerges from the sea and comes onto the beach for
spawning on summer nights, momentarily glowing in the moonlight.
(f) In recognition of this remarkable natural event, the first Glow will take
place at the beach, in Palisades Park, on the Pier and in surrounding parking lots and
adjacent areas from 7:00 p.m: on July 19, 2008 until 7:00 a.m. the following morning.
(g) The Pier Restoration .Corporation, the Bayside District Corporation, and
the Convention and Visitors Bureau will work with the City as partners in producing
Glow.
(h) Glow will include unique art installations created specifically for their
specific sites and will be choreographed to ensure that experiences are both continuous
and sequenced.
(i) It is anticipated that local businesses in the area of the Festival will provide
amenities and services as will the City and the co-sponsors.
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Q) In order to allow this unique event to occur as envisioned and approved, it
is necessary for the Council to take various actions including temporarily suspending
certain provisions of the Municipal Code and other regulations or conditions which,
among other things, establish closure hours for public. spaces and businesses and
restrict other activities.
(k) This ordinance is intended to temporarily suspend various laws and
requirements for a twelve hour period solely for the purpose of enabling the City to
successfully produce Glow, a City event planned by a City team, which has included, at
every stage of planning, members of the Police and Fire Departments to ensure that the
public health, safety and welfare are maintained.
(I) This ordinance is not intended, and should not be interpreted, to set a
precedent of suspending local laws and requirements for other purposes than. Glow
because such laws and .requirements are adopted and imposed for the purpose of
protecting health, safety and City residents' quality of life and therefore must be
maintained.
SECTION 2. Temporary Suspension of Certain Local Laws in Festival Area and
Vending Requirements.
(a) Temporary and Limited Suspension of Certain Code Provisions. The
provisions of the Santa Monica Municipal Code listed on Attachment A to this ordinahce
shall be temporarily suspended from 7:00 p.m. on July 19, 2008 until 7:00 a.m. on July
20, 2008 ("the Festival hours") for the purpose of conducting an all-night art festival ("the
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Festival") in portions of Palisades Park, on Ocean Avenue, on the Pier, and in adjacent
areas during that time period.
(b) Geographic Boundaries in Which Suspension Applies Unless otherwise
indicated in .this ordinance, the suspension imposed by this ordinance applies only
within the geographic boundaries shown on Attachment B to this Ordinance.
(c) Vendors Participating In the Festival and Vending Requirements. The
Department of Community & Cultural Services shall allocate vending licenses for the
Festival through. a fair process and shall apply the following criteria: (a) the vendor must
supply food and/or beverages which will enhance the experience of the festival; (b) the
food and/or beverages must be sold in a manner which ensures they will be of benefit or
an amenity to those attending; and (c) the sales must be undertaken in a manner which
minimizes litter and does not damage .the environment. Any cart used by a vendor
licensed to participate in the Festival shall be situated in a manner which protects. the
free and safe flow of pedestrian traffic, shall be located at a specified site approved by
the City, and shall conform to City requirements for Festival carts as to size and
appearance that will protect public safety by ensuring the free flow of pedestrian traffic
and promote the aesthetics of the Festival.
(d) Temporary And Limited Suspension of Operating Conditions Requiring
Business Closures And Limiting Outdoor Seating. For the purpose of ensuring that
residents and visitors attending the art festival have access to services and amenities
during the Festival, local permit conditions limiting outdoor seating and requiring closure
of businesses in the late night hours shall be temporarily suspended from 7:00 p.m. on
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July 19, 2008. until 7:00 a.m. on July 20, 2008. This suspension shall apply to the
businesses in the area depicted on Attachment. B.
SECTION 3. 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.
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 shall not affect the validity 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 5. 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:
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Approved and adopted this 8th day
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2257 (CCS) had its introduction on March 25, 2008, and was
adopted at the Santa Monica City Council meeting held on April 8th, 2008, by the
following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Pro Tem Bloom, Mayor Katz
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2257 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
~~ Al ..~ X~i~~~
Maria M. Stewart, City Clerk
ATTACHMENT A
List of Santa Monica Municipal Code Provisions SusAended For Glow
Municipal Code Section
4.08.091(b)
4.08.340
4.08.350
4.12.60
4.12.100
Subject Matter
Closure hours for Palisades Park
Closure hours for "amusement places"
Permission for temporary amusements
Exterior noise standards
Audio restrictions for parks beaches
Attachment B
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