SR-410-001-02 (4)
To:
Mayor and City Council
From:
Pier Restoration Corporation
Subject:
Pier Restoration Corporation (PRC) Board of Directors Recommendations
For Modifications to the City of Santa Monica Street Performer Ordinance
In Relation to Santa Monica Pier
Introduction
At its meeting held May 8, 2001, City Council received a report from the City Attorney
recommending certain modifications to the City's Street Performer ordinance as it applies
to Santa Monica Pier, Third Street Promenade and prospectively to the Transit Mall.
Because a series of public meetings addressing the ordinance on the Pier had commenced
but not yet been complete, City Council determined that possible modifications to the
ordinance on the Pier would be separated out for later discussion and that the regulations
for the Pier remain unchanged. This report summarizes the actions taken to date by the
PRC Board of Directors and recommends certain modifications to the Street Performer
ordinance in relation to Santa Monica Pier.
Backeround
The City's Street Performer ordinance regulates spacing, rotation and hours of operation
for street penformers active on Third Street Promenade and Santa Monica Pier.
Observations by the street performer monitors, the street performers, Pier tenants, PRC
staff and City staff disclosed that certain elements of the ordinance are well suited to
Third Street Promenade but not to the Pier. Current spacing of street performers on the
Pier inadvertently results in blockage of free pedestrian movement and emergency
vehicle access. Because of the relatively narrow width and confined space of the
Municipal Pier, rotation of performer locations every two hours is unduly disruptive to
the performers and visitors. The current system of first come-first served access fosters
competition among the street performers for prime space and encourages some to arrive
as early as 4:00 a.m. to occupy performance space.
At its meeting held May 2,2001, the PRC Board of Directors discussed possible
recommendations for modification of the ordinance and directed that meetings be
conducted with Pier stakeholders to explore viable alternative recommendations.. PRC
staff conducted eight hours of public meetings in sessions held May 4, 11, 17 and 22,
2001. A summary of recommended modifications to the City's Street Performer
ordinance in relation to Santa Monica Pier was presented to the Board of Directors at its
meeting held June 6,2001.
IDA
JUt. f (I .
lOA
JUl 1 0 ..
The Board approved the following recommendations for referral to City Council for its
consideration:
1. Implement a draw system applied to the prime performer locations between the
SMPD substation and the westerly end of Pacific Park;
2. Draw system for prime performer locations is to be applied only during peak times
including weekends year-round, daily between Memorial Day through Labor Day,
and on dates specified in an annual holiday calendar.
3. Other performer locations remain available on a first come-first served basis with no
rotation;
4. Spacing of performers from vending carts is to be revised from 35 feet to 25 feet;
5. Performance hours are to be modified as follows:
Mondays through Thursdays, 8:00 a.m. to 11:00 p.m.
Fridays, 8:00 a.m. to 1:00 a.m.
Saturdays and Sundays, 9:00 a.m. to 1:00 a.m.
6. Additional changes to performance hours may be recommended upon additional input
from Pier neighbors, street performers and other interested parties.
Summary
The modifications to the City's Street Performer ordinance recommended by the PRC
Board of Directors attempts to balance the interests and concerns of the street performers,
Pier merchants and Pier visitors while maintaining a safe and attractive environment.
The recommended system to provide fair and equitable access to the prime performer
locations encourages performer access and enhances variety in the types of public
performance in a manner that is easily understood by the street performers and performer
monitors, and easily administered by public safety officers. Accordingly, it is requested
that City Council direct the City Attorney to modify the Street Performer ordinance as it
applies to Santa Monica Pier in a manner consistent with the PRC Board of Directors
recommendations.
1-{O-D I
10- A
Re 10A:
Please be aware that the staff report from Resource
Management attempts to override the PRC board's wishes and give staff
total control of all street performance spaces on the pier every day of the
year, eliminating forever performers' right to space on a first-come, first
served basis.
Twice the PRC board rejected that Idea. We, who will speak
tonight, hope that you, too, will reject It.
The street performers, themselves have a better Idea
and the PRC backed it. They advocate a lottery twice a day for the
performance spaces between the SMPD substation and Pacific Park
during the summer and on holiday weekends. The rest of the spaces, the
rest of the time will be available on a first-come, first served basis.
The street performers and the PRe board back this
ordinance change. We hope you will, also.
Cordially,
~-d~j~-~
Ellen Brennan
RMD:EDD:MRJW: F :\RESO U RCE\IN FO ITEM\Street Performers
July 10, 2001
Santa Monica, CA
INFORMATION ITEM
To:
Mayor and City Council
From:
City Staff
Subject
Transmittal of Recommendations from the Pier Restoration Corporation
Board of Directors (PRC) For Modifications to the City of Santa Monica
Street Performer Ordinance In Relation to Santa Monica Pier
Introduction
At its meeting held June 6, 2001, the PRC Board adopted six recommended changes to
the Santa Monica Street Performer Ordinance now in effect on the Pier. These
recommended changes have been forwarded to City Council for its consideration and
possible direction to the City Attorney for modifications to the Ordinance. This report
summarizes the review of these proposed modifications by Resource Management
Department, Police Department and Fire Department staff.
Backaround
Certain elements of the City's Street Performer Ordinance regulating operations of
street performers on Santa Monica Pier have been found to be adverse and
counterproductive to the creation of a safe and functional environment for the street
performers, Pier merchants and Pier visitors. The inadvertent result of current spacing
of street performers on the Pier has been blockage of free pedestrian movement and
emergency vehicle access during crowded periods. Regulations pertaining to rotation
of performer locations on two-hour cycles have been disruptive to the performers and
visitors. Access to performer locations on the Pier has fostered competition among the
street performers and encourages some to arrive extremely early in order to secure a
performance space. These factors have made portions of the Ordinance extremely
difficult for Santa Monica Police Department to enforce.
PRC staff conducted eight hours of public meetings with the Pier street performers and
interested members of the public on May 4, 11, 17 and 22, 2001, to explore viable
alternative approaches to managing crowds and performance on the Pier.
Recommended modifications to the City's Street Performer Ordinance were discussed
at the June 6, 2001, PRC Board meeting and the resultant approved recommendations
have been transmitted to City Council for its consideration.
Summary
Resource Management Department, Police Department and Fire Department staff, and
the BaysidefPier Street Performer Monitor have also reviewed these recommendations.
Following is a summary of staff comments on the proposed modifications:
1. Implement a draw system applied to the prime performer locations between the
SMPD substation and the westerly end of Pacific Park
Implementation of a draw system for performer locations on the Pier has merit in
providing equitable access to all street performers. However, a draw system serving
limited locations will likely be confusing and frustrating to both the street performers and
Police personnel. It is suggested that the draw be applied to all performer locations on
the Pier, and be administered through the Administrative Instruction (AI) process.
2. Draw system is to be applied only during peak times of weekends between Memorial
Day through Labor Day, and holiday periods
2
The draw system should be applied daily throughout the year. The use of peak times
and specific days of ordinance applicability was attempted in the City's initial street
performer ordinance, and was considered by the Police Department, Fire Department
and performers to be confusing and difficult to enforce. Weather, public attractions and
events, and unforeseen circumstances that result in large crowds on the Pier would not
be addressed. Regulations that are consistent, easy to understand and easy to enforce
are preferred.
3. Other performer locations remain available on a first come-first served basis with no
rotation
As noted above, it is suggested that the draw and any associated perl'ormance site
rotation system apply consistently to all locations on the Pier. An additional benefit
would be an enhanced number and diversity of performers gaining access to and use of
the Pier as a performance venue.
4. Spacing of performers from vending carts be revised from 35' to 25'
This recommendation is supported.
5. Performance hours be modified as follows:
Mondays through Thursdays 8:00 a.m. to 11 :00 p.m.
C..i,.l_t.I,..
I Il\H:ayo:)
Saturdays and Sundays
Q.nn ... -... f._ o1.nn ..." """'"
V.VV CI.III. l.V 1 .vv ca."..
9:00 a.m. to 1 :00 a.m.
This recommendation is supported.
6. Additiona! changes to performanc.e hours may be recommended upon addition a!
Input from Pier neighbors, street performers and other interested parties
This recommendation is supported.
Police Department and Fire Department personnel also recommend that certain SMMC
sections be changed from an infraction to a misdemeanor penalty as identified in SMMC
Sections 6.112.070 and 6.116.080 to allow enforcing authorities more efficient and
expedient options when confronted with repeated violations or violations that constitute
a safety hazard.
Prepared by: Jeff Mathieu, Director, Resource Management
Mark Richter, Economic Development Manager
Lieutenant Betsy Stratton, Santa Monica Police Department
Jim Hone, Fire Marshal, Santa Monica Fire Department
3