Loading...
SR 06-28-2022 10A City Council Report City Council Meeting: June 28, 2022 Agenda Item: 10.A 1 of 4 To: Mayor and City Council From: Andy Agle, Director, Community Services Department, Community Recreation Subject: Introduction and Adoption of Urgency Ordinance Amending Allowed Parade Routes Recommended Action Staff recommends that the City Council introduce and adopt the attached emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 on parade routes to promote public safety and welfare. Summary Santa Monica Municipal Code (“SMMC”) Chapter 4.68 is the Community Events law, which, among other things, provides regulations on parades, marches, processions, and walks. Two current parade routes commence on Main Street, north of the entrance to the Civic Auditorium parking lot and proceed southbound. The staging for the parades historically has taken place at the Civic Center parking lot. Since February 2020, the Civic Center parking lot has been under construction for the Sustainable Water Infrastructure Project. Together with the construction of Historic Belmar Park, it is not possible to stage for parades in the Civic Center parking lot. With the lifting of public health prohibitions on gatherings and the return of parades, staff recommends that the route in SMMC Section 4.68.150 be amended to allow for a new staging area and for parades to proceed northbound on Main Street. (See Attachment I.) The addition of two new parade routes, which are the original routes in reverse direction, would allow event organizers to stage parades at the South Beach parking lot. The first event on the new route would be the 2022 Main Street Fourth of July parade. 10.A Packet Pg. 257 2 of 4 Discussion Recognizing the substantial community benefits that may result from community events, the City has a comprehensive, coordinated process for managing events on public property and ensuring health and safety, which is codified in SMMC Chapter 4.68, Community Events law. The Community Events law establishes the City’s framework for permitting community events to use City streets, parks, open spaces, and City facilities licensed to private parties. Permits are required for (1) parades and assemblies that use the public right-of-way and are likely to impede the free use of the space or not comply with traffic regulations, (2) activities that involve 150 or more persons on public property or 75 persons or more on the Third Street Promenade, or (3) events that include a structure requiring a permit from the Fire Department or Building and Safety Division. SMMC Section 4.68.150 specifies the parade routes. Two of the parade routes commence on Main Street, north of the entrance to the Civic Auditorium parking lot and head southbound along Main Street. The entrance to the Civic Center Parking lot has been closed due to construction since at least February 2020. Once the construction is completed, the space available for staging and public safety checks for Main Street parades will be significantly reduced. Therefore, the area is no longer an appropriate staging area. On May 24, 2022, the City Council directed staff to return with an emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to proceed in a northbound direction. As an application for a permit to hold a parade can be submitted with as little as two business days’ notice, there is insufficient time for Council to hold a first and second reading on any amendments to the Community Events Law that would impact a planned event. Therefore, an emergency ordinance is presented. (See Attachment I.) The addition of two new parade routes, which are the original routes in reverse direction, would allow for event organizers to stage Main Street parades at the South Beach parking lot and proceed northbound. The location for the staging and disbanding of parades along the parade route will be set forth in the traffic control 10.A Packet Pg. 258 3 of 4 plan for an event. Amending the ordinance to allow for additional parade routes is also in compliance with the Vehicle Code Section 21101, which requires a resolution or ordinance to temporarily close streets for special events or parades if it is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Adoption of the emergency ordinance would allow the 2022 Main Street Fourth of July Parade to occur on the new route. Past Council Actions Meeting Date Description 06/27/00 (attachment A) Approval of the Community Event Policy 04/24/01 (attachment B) Addition of Chapter 4,68, the Community Events Code, to the Santa Monica Municipal Code and adoption of associated fees. 05/08/01 (attachment C) Addition of Chapter 4,68 to the Santa Monica Municipal Code, the Community Events Law. 04/08/03 (attachment D) Amendment of Santa Monica Municipal Code Sections relating to Community Events and Street Banners. 07/26/05 (attachment E) Amendment to Municipal Code Section 4.68.160 Establishing a New 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permitted Race Time and Frequency Parameters 9/22/09 (attachment F) Amendment of Municipal Code Section 4.68 to show a marathon route segment, modifications to the City’s Extended Event Policy, authorization for execution of agreements for the 2010 LA Marathon. 10/25/2011(attachment G) Amendment of Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and 6.36 relating to permitted community events in the City’s public spaces and parks. 05/24/2022 (attachment H) City Council directed staff to return with an urgency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to continue in a northbound direction. Financial Impacts and Budget Actions There is no financial impact or budget action necessary as a result of the recommended action. 10.A Packet Pg. 259 4 of 4 Prepared By: Claudia Kompa, Executive Administrative Assistant Approved Forwarded to Council Attachments: A. 6/27/2000 Approval of the Community Event Policy (Web Link) B. 4/24/2001 Addition of Chapter 4,68, the Community Events Code, to the Santa Monica Municipal Code and adoption of associated fees (Web Link) C. 5/8/2001 Addition of Chapter 4,68 to the Santa Monica Municipal Code, the Community Events Law (Web Link) D. 4/8/2003 Amendment of Santa Monica Municipal Code Sections relating to Community Events and Street Banners (Web Link) E. 7/26/2005 Amendment to Municipal Code Section 4.68.160 Establishing a New 5/10K Race Route, Eliminating a 5/10K Race Route, and Modifying the Permit (Web Link) F. 9/22/2009 Amendment of Municipal Code Section 4.68 to establish a marathon route segment, modifications to the City’s Extended Event Policy (Web Link) G. 10/25/2011 Amendment of Municipal Code Chapters 3.36, 4.08, 4.55, 4.68 and 6.36 relating to permitted community events in the City’s public spaces and parks (Web Link) H. 5/24/2022 City Council directed staff to return with an urgency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street (Web Link) I. Attachment I_Proposed Ordinance Amending SMMC 4.68.150 10.A Packet Pg. 260 1 City Council Meeting: June 28, 2022 Santa Monica, California ORDINANCE NUMBER ____ (CCS) (City Council Series) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 4.68.150 ON PARADE ROUTES TO PROMOTE PUBLIC SAFETY AND WELFARE WHEREAS, on May 8, 2001, the City Council adopted Ordinance Number 2008 (CCS), adding Chapter 4.68 to the Santa Monica Municipal Code, the Community Events Law; and WHEREAS, the Community Events Law provides a coordinated process for managing community events to ensure the health and safety of event patrons, residents, workers, and other visitors, to prohibit illegal activities from occurring at community events, and to protect the rights of community event permit holders; and WHEREAS, the Community Events Law is designed to protect the right of people to engage in expressive activities in the City's public places and establishes the least restrictive and reasonable time, place, and manner regulations of these activities; and WHEREAS, the Community Events Law has been amended and refined on several occasions to ensure that the law conforms to constitutional requirements and to enact appropriate modifications to the law based on experience, changing conditions in the City, and community feedback on the operation of the law; and 10.A.i Packet Pg. 261 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 2 WHEREAS, the City's Community Events Law has been in place for over two decades and has been highly successful in establishing a coordinated process for community events, thereby ensuring the health and safety of event patrons, residents, workers, and other visitors and protecting the rights of community event permit holders; and WHEREAS, California Vehicle Code Section 21101(e) authorizes local authorities, for those highways under their jurisdiction, to adopt rules and regulations by ordinance or resolution to temporarily close a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing; and WHEREAS, since the adoption of the Community Events Law in 2001, Santa Monica Municipal Code Section 4.68.150 has provided a parade route for Main Street that commences at the entrance to the Civic Auditorium parking lot and proceeds on Main Street in a southbound direction, ending in the South Beach parking lot; and WHEREAS, the staging for parades on Main Street, including any required public safety inspections by the Santa Monica Police Department, have occurred in the Civic Auditorium parking lot; and WHEREAS, the entrance to the Civic Auditorium parking lot off of Main Street has been closed since February 2020 when construction on the Sustainable Water Infrastructure Project commenced; and 10.A.i Packet Pg. 262 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 3 WHEREAS, once the construction in the Civic Auditorium parking lot is completed, the space available for staging and public safety checks for parades will be significantly reduced; and WHEREAS, there have been no parades along Main Street since at least February 2020 due to the COVID-19 pandemic; and WHEREAS, there are no longer State or County COVID-19 related public health restrictions on holding large public gatherings, such as parades; and WHEREAS, the City anticipates that several organizations that previously held parades along Main Street will seek community events permits for such parades this summer; and WHEREAS, pursuant to the City’s Administrative Instruction on Events, an application for a permit to hold a parade can be submitted with as little as two business days’ notice, which does not allow sufficient time for City Council to hold a first and second reading on any amendments to the Community Events Law that would impact a planned event; and WHEREAS, it is not currently possible to do staging and public safety checks for parades in the Civic Auditorium parking lot due to its closure; and WHEREAS, changing the commencement and ending points and the direction of a parade is not a minor adjustment that is authorized by Santa Monica Municipal Code Section 4.68.150(b); and WHEREAS, on May 24, 2022, the City Council directed staff to return with an emergency ordinance that amends Santa Monica Municipal Code Section 4.68.150 to allow parades on Main Street to proceed in a northbound direction; and 10.A.i Packet Pg. 263 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 4 WHEREAS, on June 28, 2022, the City Council held a public meeting during which it considered the adoption of this Emergency Ordinance pursuant to California Government Code Section 36937 and Santa Monica City Charter Section 615, both of which allow the adoption of emergency ordinances to take effect immediately to ensure the immediate preservation of the public peace, health, safety, and general welfare in the City of Santa Monica; and WHEREAS, the City Council hereby finds that: the amendment to the Santa Monica Municipal Code Section 4.68.150 implemented by this Emergency Ordinance is immediately necessary as an emergency measure in order to preserve the public health, safety, and welfare of parade participants, spectators, and visitors by ensuring that there is a location for staging and public safety checks for parades along Main Street other than at the Civic Auditorium Lot and authorizing such parades to proceed in a northbound route. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 4.68.150, Parades, marches, processions, walks, is hereby amended to read as follows: 4.68.150 Parades, marches, processions, walks. (a) Subject to the requirements of this Chapter, a community event permit may be issued for a march, procession, walk, or parade in one direction only on the following streets: (1) Ocean Avenue, between Adelaide Drive (northwest City limits) and Picoa Boulevard; 10.A.i Packet Pg. 264 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 5 (2) Commencing on Ocean Avenue at the intersection of Adelaide Drive (northwest City limits) and continuinge south on Ocean Avenue to the intersection of Colorado Avenue, turning easterly on Colorado Avenue to the intersection of Main Street, turning southerly on Main Street, ending at the intersection of Main Street and Pico Boulevard; (3) Commencing on Main Street, south of the intersection of Olympic Drive, north of the entrance to the Civic Auditorium parking lot and continuinge south on Main Street to the intersection of Marine Street, turning westerly on Marine Street to the intersection of Barnard Way, turning northerly on Barnard Way, ending at the entrance to the Parking Lot 5 South Beach parking lot where the parade will disband; (4) Commencing on Barnard Way, south of the entrance to Parking Lot 5 South, continuing southerly on Barnard Way to the intersection of Marine Street, continuing easterly on Marine Street to the intersection of Main Street, turning northerly on Main Street, continuing north on Main Street, ending at the intersection of Olympic Drive; and (5) (4) Commencing on Main Street, between Olympic Drive and Marine Street (adjacent to the southern City limits)north of the entrance to the Civic Auditorium parking lot and continue south on Main Street to the Santa Monica/Los Angeles border. (b) Minor adjustments to the routes established in subsection (a) of this Section may be authorized by the Community Events Committee to the extent 10.A.i Packet Pg. 265 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 6 necessary to avoid construction or other obstructions which that would prevent the parade from proceeding on the established route. (c) Subject to all other applicable requirements of this Chapter, this Section does not prohibit the issuance of a community event permit for marches or processions on other streets so long as through and cross-traffic can be preserved and the safety of the marchers can be maintained. (d) Marches, parades, walks, and processions may not be conducted on streets classified by the City as arterial streets between the hours of seven a.m. to nine a.m. and three-thirty p.m. to seven p.m. on business days unless the march or procession is being conducted to coincide with another event, not organized or planned by the permittee, which is occurring on or adjacent to the arterial street upon which the march will be conducted. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Emergency 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 Emergency Ordinance. SECTION 3. 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 Emergency Ordinance. The City Council hereby declares that it would have passed this Emergency Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to 10.A.i Packet Pg. 266 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance) 7 whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Emergency Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. Pursuant to Sections 615 and 619 of the City Charter, for the reasons stated in the recitals above, the City Council declares this Emergency Ordinance to be necessary as an emergency measure for preserving the public peace, health, and safety, with the result that this Emergency Ordinance shall be introduced and adopted at the same meeting, and shall become effective immediately upon its adoption. APPROVED AS TO FORM: _________________________ DOUGLAS SLOAN City Attorney 10.A.i Packet Pg. 267 Attachment: Attachment I_Proposed Ordinance Amending SMMC 4.68.150 [Revision 2] (5163 : Parade Route Amended Ordinance)