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SR-08-13-2013-7CTo: Mayor and City Council Agenda Item: i'=& 7-C- From: Karen Ginsberg, Director of Community and Cultural Services Subject: Approval of Emergency Ordinance and Resolution to Allow Glow Festival Permitting Recommended Action Staff recommends that the City Council introduce and adopt the proposed emergency ordinance and resolution regarding permitting and other production associated with Glow 2013. Executive Summary Glow is Santa Monica's signature art and culture event developed for the Santa Monica beach, the Santa Monica Pier (Pier), and Palisades Park. In July 2008 and September 2010, the first two iterations of Glow were a success, drawing over 150,000 people each to experience the commissioned art projects. This year Glow is scheduled for September 28, 2013, and will once again consist of temporary site specific art installations and performances by local, national, and international artists. The event will be produced by the City in partnership with the Santa Monica Convention and Visitors Bureau (CVB), the Santa Monica Pier Corporation (SMPC) and Downtown Santa Monica (DTSM), with public and private sector funding and will be free to the public. Since there is no existing mechanism to permit such a large and multi- faceted City event, the City's interdepartmental logistics team has concluded that once again the best approach is to establish a temporary ordinance and to pass a resolution that would suspend or adjust specific regulations in the affected area for one night. Background Glow grew out of community demand for a signature cultural event, one that would be specific to Santa Monica and that would draw international attention, enhancing the city's reputation as a destination for cultural tourism and showcasing its vibrant creative sector. Development of the event was one of the recommendations of Creative Capital, the Council- approved community cultural plan, and is a specific objective of the Community and Cultural Services Department's FY13 -15 work plan. 1 Discussion The Event Glow will take place on September 28, 2013, from 7 p.m. to 3 a.m., on the beach and adjacent parking lots north and south of the Pier, a portion of the beach parks south of the Pier, as well as Palisades Park, the Pier and the Third Street Promenade (see map - Attachment A -2). Each work of art will be created specifically for Glow and for the location in which the art is sited. For example, artist Mathieu Briand will create a ring of fire and a sunken chamber on the beach north of the Pier. In Palisades Park, Shana Koenig will create sea creatures that respond to their own mobile phone application. Response to Glow has been overwhelmingly positive with individuals, private foundations and corporations helping to underwrite close to two - thirds of the cost. Funders cite the innovative nature of the festival, the caliber of the artists involved, as well as broad public access as some of the reasons for their participation and support. Local businesses have been particularly eager to see Glow return given the very significant positive impact that the event had in past years on the local economy such as increases in hotel occupancy and City parking revenue. The logistics surrounding the production of each of the artworks, as well as the overall event, are challenging. Glow's success rests not only on the quality of the art but in ensuring that participants have a positive experience and that impacts on the host facilities are minimal and remedied as quickly as possible. Issues of public safety and crowd management are being addressed by a special interdepartmental task force (including representatives from the City Manager's and City Attorney's offices, Community & Cultural Services, Community Maintenance, Fire, Planning, Police, and Risk Management) that meets monthly to identify concerns and formulate solutions. As the event nears, representatives of partner organizations also attend the planning meetings. 2 Each Glow 2013 artist proposal undergoes a rigorous review process, including submittal to City's Building and Safety and Risk Management Divisions, as well as other affected departments or agencies for review and comment. Lessons Learned The City is applying lessons learned from the first two Glow events, as well as other successful large -scale events such as the LA Marathon, to the planning for this event in an attempt to mitigate issues associated primarily with traffic and crowd control. A comprehensive traffic and public safety plan is being developed, and in addition the City's interdepartmental team is developing a comprehensive communications plan, ensuring the effective use of all of the tools at the City's disposal to communicate with the public regarding Glow. The art projects will be sited over a one -mile distance along the beach. Finally, the event is scheduled for late September, a time when there are smaller crowds than in the summer months and when local businesses are interested in drawing visitors to Santa Monica. Projected attendance at Glow 2013 is estimated at 150,000 during the course of the night. The Ordinance and Resolution In order to ensure that participants have access to necessary services and amenities, and local businesses are given an opportunity to participate, a number of regulations will need to be suspended for the evening. These range from local ordinances to policies that regulate the use of public space and cover a range of items from the use of parking structures to the hours of operation of local restaurants. Ordinance to Temporarily Suspend Certain Municipal Code Provisions and Other Regulations to Conduct Glow and to Declare the Presence of an Emergency: This proposed Ordinance defines the geographic boundaries of where the temporary suspension applies (the "Glow Zone" as shown in Attachment A -2). It suspends Code provisions regarding closure hours for Palisades Park, Tongva Park and amusement places, permission for temporary amusements, exterior noise standards and audio restrictions for parks /beaches. For businesses located in the Glow Zone, this 3 Ordinance also temporarily suspends local permit conditions limiting outdoor seating and requiring closure of businesses in the late night hours. Additionally, it establishes the conditions under which vending licenses for Glow shall be allocated. Resolution Setting the Parking Permit Rate for Food Trucks and to Allow Overnight Parking at G /ow.The proposed resolution (Attachment B) sets rates for food trucks selected to participate in Glow. Parking permits would be $200 per truck in two designated food truck areas, Lot 1 North at 1550 Pacific Coast Highway and Lot 4 South at 2030 Ocean Avenue. This resolution also modifies parking restrictions for the night of the event, September 28, 2013, to allow for visitor parking overnight. Commission Action As endorsed by the Arts Commission in Creative Capital and in subsequent discussions, the Commission is in full support of Glow, seeing it as Santa Monica's signature cultural event and a key component of the cultural plan. Alternatives Council could request changes to the proposed ordinance and resolution or could decline them. If this were the case, staff would need to pursue an alternative to allow Glow to take place, perhaps in a more circumscribed manner or set of venues. Depending on the specific nature of any prescribed limitations, funding received by the Santa Monica Arts Foundation for Glow might have to be returned. Public Outreach Glow is developed with extensive input from a broad range of community members and partners. In addition to the Arts Commission, consistent input has been provided by residents and business leaders as well as representatives from the SMPC, the CVB, DTSM and the Chamber of Commerce. The Glow 2013 Curatorial Committee includes David Familian, Artistic Director, Beall Center for Art and Technology, University of California, Irvine; Meg Linton, Director of Galleries and Exhibitions, Otis College of Art and Design; Stephen Nowlin, Director, Alyce de Roulet Williamson Gallery, Art Center 11 College of Design; and Pilar Tompkins Rivas, Director of Residency Programs, 18th Street Art Center. Financial Impacts & Budget Actions There is no immediate financial impact or budget action necessary as a result of the recommended actions. Staff estimates that GLOW will cost $600,000 in total. Of the total cost, $100,000 is City funding included in the FY 2012 -13 and FY 2013 -14 budget, $75,000 is Cultural Trust Fund funding, and the remainder is from in -kind donations and grants received by the Santa Monica Arts Foundation from donors including Bloomberg Philanthropies, Metabolic Studios and the National Endowment for the Arts. Staff will continue to fundraise through September and will construct an event based on funds received at that time. Prepared by: Jessica Cusick, Cultural Affairs Manager Approved: Forwarded to Council: Karen Ginsberg,`\I)irector Rod Gould Community and Cultural Serviic4s7birector City Manager Attachments: A. Glow Emergency Ordinance A -1. List of Code Provisions Suspended for Glow A -2. Glow Zone Map B. Resolution Setting the Parking Permit Rate for Food Trucks and to Allow Overnight Parking at Glow 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) 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 9/28/13 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. 4.55.100 Suspended from 9/27/13 at 9:00 a.m. until 9 /29/13 at 3:00 (Beach fire restrictions) a.m. - as to artist and artist's agents authorized by City to ignite fire on beach as part of Glow art installation 455.120(b) Suspended as to Tongva Park from 9/28/13 at 11:00 p.m. (Park closure hours) until 9/29/13 at 3:00 a.m. 4.55.120(c) Suspended from 9/27/13 at 12:00 p.m. until 9/28/13 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. Reference: Ordinance No. 2436 (ccs) Resolution No. 10761 (CCs)