O2319ATTACHMENTI
City Council Meeting: August 10, 2010 Santa Monica, California
ORDINANCE NUMBER 2319 (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 AND DECLARING THE PRESENCE OF AN EMERGENCY
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
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 event will provide a unique recreational and cultural opportunity for
City residents and promote cultural tourism, and it will benefit the local economy which
is in the throes of the worst financial crisis in seventy years.
(e) Accordingly, the City will produce Glow, a unique enlightened art event
from dusk to the early morning hours, which will pay tribute to Santa Monica's
spectacular beach-front setting.
(f) 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 September 25, 2010
until 2:00 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 event will provide
amenities and services as will the City and the co-sponsors.
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(j) 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; and those actions could not have been taken sooner because
the process of planning Glow and defining its parameters had not been completed.
(k) This ordinance is intended to temporarily suspend various laws and
requirements for a seven 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.
(m) Based on the foregoing, the City Council finds that the public welfare
requires immediate action to create a temporary suspension of certain Code provisions
and permit conditions so that Glow may occur as planned.
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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 ordinance
shall be temporarily suspended from 7:00 p.m. on September 25; 2010 until 2:00 a.m.
on September 26, 2010 ("the Festival hours") for the purpose of conducting an all-night
art festival ("the Festival") in portions of Palisades Park, on Ocean Avenue, on the Pier,
and ih 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, including
licenses for food trucks, 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 or food .truck 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
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conform to City requirements for Festival carts and food trucks 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 Limitina Outdoor Seatina. 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
September 25, 2010 until 2:00 a.m. on September 26, 2010. This suspension shall
apply to the businesses in the area depicted in the Glow Zone Map Attachment B.
SECTION 3. This Ordinance is declared to be an urgency measure necessary
for preserving the public peace, health, or safety, adopted pursuant to the provisions of
Section 615 of the Santa Monica City Charter. As set forth in the findings above and in
the August 10, 2010 City Council staff report, this Ordinance is necessary for preserving
the public peace, health,. safety, and welfare. As an urgency measure, this ordinance
will be effective immediately upon adoption.
SECTION 4. 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 5. 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
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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 6. 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 immediately upon its adoption.
APPROVED AS TO FORM:
M SHA NES MO TRIE
Ci or e
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Approved and adopted this 10th day of August, 2010.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
Pam O'Connor, Mayor Pro Tem
1, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2319 {CCS) had its introduction and adoption at the Santa
Monica City Council meeting held on August 10, 2010, by the following vote:
Ayes: Council members: Bloom, Holbrook, Davis, O'Day, McKeown
Mayor Pro Tem O'Connor
Noes: Council members: None
Absent: Council members: Mayor Shriver
ATTEST:
._~
I~ _ e..k'
Maria M. Stewwwa ,City Clerk
A summary of Ordinance No. 2319 (CCS) was duly published pursuant to California
Government Code Section 40806.