O2436Attachment A
City Council Meeting: August 13, 2013 Santa Monica, California
ORDINANCE NUMBER 2436 (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 A ONE -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 2008109
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 provides a unique recreational and cultural
opportunity for City residents and promotes cultural tourism, and it will
benefit the local economy.
(e) Accordingly, the City produces Glow, a unique enlightened
art event from dusk to the early morning hours, which pays tribute to
Santa Monica's spectacular beach -front setting.
(f) Glow will next take place at the beach, in Palisades Park, on
the Pier, the Third Street Promenade and in surrounding parking lots and
adjacent areas from 7:00 p.m. on September 28, 2013 until 3:00 a.m. the
following morning.
(g) The Santa Monica Pier Corporation, Downtown Santa
Monica, 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.
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(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.
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 Santa Monica
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 an eight 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 as well as the Building and Safety Division,
to ensure that the public health, safety and welfare are maintained.
(1) 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.
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(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.
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 1 to this ordinance shall be temporarily suspended as set forth
in Attachment I for the purpose of conducting an all -night art festival ( "the
Festival') in portions of Palisades Park, on Ocean Avenue, on the Pier, on
the Third Street Promenade 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 the
Glow Zone Map, Attachment 2.
(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
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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
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 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
September 28, 2013 until 3:00 a.m. on September 29, 2013. This
suspension shall apply to the businesses in the area depicted in the Glow
Zone Map, Attachment 2.
SECTION 2. 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 July 9, 2013 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.
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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 immediately upon its adoption.
APPROVED AS TO FORM:
Attachment 1 — Provisions of Code
Attachment 2 — Glow Zone Map
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ATTACHMENT Al
Santa Monica Municipal Code Provisions Suspended /Partially Suspended For Glow 2013
Municipal Code Section
4.08.094
(Civic Center hours)
4.08.340
(Amusement place hours)
4.08.350
(Temporary amusement
permits)
4.12.60
(Exterior noise limits)
4.12.100
(Audio restrictions)
4.55.100
(Beach fire restrictions)
455120(b)
(Park closure hours)
Suspension Period and Applicability
Suspended 9/29/13 from 2:00 a.m, until 3:00 a.m.
Suspended 9/29/13 from 2:00 a.m. until 3:00 a.m.
Suspended 9/28/13 from 7:00 p.m. until 9 /29/13 at
3:00 a.m.
Suspended 9/28113 from 7:00 p.m. until 9 /29/13 at
3:00 a.m.
Suspended 9/28/13 from 7:00 p.m. until 9 /29/13 at
3:00 a.m.
Suspended from 9/27/13 at 9:00 a.m. until 9 /29/13 at 3:00
a.m. - as to artist and artist's agents authorized by City to
ignite fire on beach as part of Glow art installation
Suspended as to Tongva Park from 9/28/13 at 11:00 p.m.
until 9 /29/13 at 3:00 a.m.
4.55.120(c) Suspended from 9127/13 at 12:00 p.m, un619/28/13 at 5:00
(Palisades Park hours) a.m. - as to security personnel authorized by the City to be
present in conjunction with Glow
Suspended as to all persons from 9/28/13 at 12:00 p.m.
until 9 /29/13 at 3:00 a.m.
Approved and adopted this 13th day of August, 2013.
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Pam O'Connor, Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Sarah Gorman, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2436 (CCS) had its introduction and adoption at the Santa
Monica City Council meeting held on August 13, 2013, by the following vote:
Council members: Davis, Holbrook, McKeown, Vazquez, Winterer
Mayor Pro Tern O'Day, Mayor O'Connor
Council members: None
Council member: None
ATTEST:
Sarah Gorman, City Clerk
A summary of Ordinance No. 2436 (CCS) was duly published pursuant to California
Government Code Section 40806.