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sr-091410-1uCity Council Meeting: September 14, 2.01/0 Agenda Item: ~ y To: Mayor and City Council From: Marsha Jones Moutrie, City Attorney Subject: Resolution Correcting Omission of Attachment to GLOW Ordinance Recommended Action Staff recommends that Council adopt the attached resolution and approve the accompanying Attachment A to Ordinance Number 2319 (CCS), the 2010 GLOW Ordinance, specifying those Municipal Code sections that will be temporarily suspended during the hours of the festival so that it may occur as planned. Executive Summary At its meeting of August 10, 2010 Council adopted Ordinance Number 2319 (CCS), suspending certain Municipal Code provisions, including those establishing night-time closure hours, so that the City can produce its second GLOW art festival. The ordinance refers to Attachment A, which lists the particular code sections to be suspended. That attachment was .prepared and reviewed but apparently omitted from the documents supplied to Council. This resolution corrects that omission. Background When Council approved the first GLOW festival in 2008 an ordinance was adopted to allow this unique, City-produced,. signature event to occur despite Municipal Code various restrictions. That ordinance temporarily suspended Municipal Code provisions that were listed. on an attachment. Those provisions establish closure hours for Palisades Park and "amusement places", govern permitting of temporary amusements, and establish noise restrictions for parks, beaches and some other places. The ordinance prepared for this year's GLOW festival followed the same the format. An Attachment A listing the sections to be suspended was prepared and reviewed; however, it was inadvertently omitted from the Council packet. Instead, only the GLOW Zone and installation location map was attached. 1 Discussion The attached resolution corrects that omission.. It covers and incorporates a list of Municipal Code provisions that must be temporarily suspended so that GLOW can occur. That list includes Sections 4.08.091(a)(5), 4.08.091 (b) and 4.08.096 (governing closure and nighttime use of Crescent Bay Park, Palisades Park and Chess Park), section 4.08.340 and 4.08.350 (governing amusement places and temporary amusements), and sections 4.12.60 and 4.12.100 (establishing noise restrictions). This list is the same as the 2008 list, except that the Municipal Code provisions governing the closure of Crescent Bay and Chess Parks have been included because installations are planned for those parks. Adoption of the resolution will correct the inadvertent omission of the list of Municipal Code provisions from Council's August 10, 2010 packet. Financial Impacts & Budget Actions Adoption of this resolution will have no financial consequences because Council has already considered and approved the scope of GLOW 2010, and this resolution merely corrects the inadvertent omission of the attachment to the ordinance. Prepared by: Marsha Jones Moutrie, City Attorney Approved: Forwarded to Council: ~~~~ Rod Gould City Manager Attachment: 1. Resolution 2 Reference Resolution No. 10524 (CCS).