City Council Meeting:  March 25, 2008                                               Santa Monica, California

ORDINANCE NUMBER (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

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 festival will provide a unique recreational and cultural opportunity for City residents and promote cultural tourism.

(e)       Accordingly, the City will produce Glow, as dusk to dawn arts festival, which will pay tribute to Santa Monica’s spectacular beach-front setting by recognizing the grunion, a small silver fish that emerges from the sea and comes onto the beach for spawning on summer nights, momentarily glowing in the moonlight.  

(f)         In recognition of this remarkable natural event, the first 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 July 19, 2008 until 7:00 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 Festival will provide amenities and services as will the City and the co-sponsors. 

(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. 

(k)        This ordinance is intended to temporarily suspend various laws and requirements for a twelve 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.    

(l)         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.

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 July 19, 2008 until 7:00 a.m. on July 20, 2008 (“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 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 Attachment B to this Ordinance. 

(c)        Vendors Participating In the Festival and Vending Requirements.         The Department of Community & Cultural Services shall allocate vending licenses 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 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 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 July 19, 2008 until 7:00 a.m. on July 20, 2008.  This suspension shall apply to the businesses in the area depicted on Attachment B.             

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 30 days from its adoption.

APPROVED AS TO FORM:

 

 

_________________________

MARSHA JONES MOUTRIE

City Attorney 

 

Attachments:

A - List of Santa Monica Municipal Code Provisions Suspended For Glow

B – GLOW Festival Area Map