City Council Meeting 7-20-99 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Supplemental Report On Proposed Municipal Code Amendments Relating To Performance, Vending, Displaying and Placing Objects On Public Sidewalks
Introduction
At its meeting of July 13, 1999, the City Council received staff reports, heard public testimony and deliberated on proposed amendments to the Municipal Code Sections governing street performance, street vending and the displaying and placing of objects on sidewalks. Based upon the information which it received and upon its discussion, the Council directed staff to make a number of revisions to the proposed ordinance.
Discussion
The attached ordinance includes the revisions requested by Council. In summary, the revisions would: (1) authorize administrative guidelines relating to street performance during special events on the Promenade; (2) require street performers and heartland vendors to be 10 feet from City carts on The Promenade; (3) require performers and heartland vendors to be 35 feet from one another on the Pier; (4) allow heartland vendors to utilize two chairs on The Promenade and Pier; (5) impose a 5 item limit on the number of items that a performer can display for sale; and (6) impose a City-wide prohibition against performing or using a table so as to block a curb cut. In addition to these changes, certain findings have been added to the ordinance to reflect the evidence presented at the public hearing.
The City Council also asked staff to evaluate modifying the ordinance so that hours for street performance could, in the future, be set by resolution rather than by ordinance. Staff recommends deferring consideration of that change until the impacts upon enforcement under the attached ordinance can be fully evaluated. The Council also requested information about the hours of operation for Pier businesses. Information provided by the PRC is attached. Finally, Council asked staff to evaluate the possibility of adopting an ordinance which would prohibit inciting crowds against police enforcement of the laws governing performance and vending. Staff will need additional time to complete that project because of the constitutional implications.
Finally, staff notes that a number of the concerns which were noted at the last Council meeting will be addressed administratively and do not require ordinance changes. For example, Council inquired about how requiring a performer to limit his or her equipment and paraphernalia to that which he or she could carry away would apply to those performers with disabilities. This can be handled administratively by interpretation of the provision limiting equipment and paraphernalia, and the City Attorney
=s office will provide an interpretation. Likewise, the City Attorney=s office will provide training assistance to the Police Department with regard to all amendments to the performance and vendor laws. Other matters which will be handled administratively include implementation of the monitor program and additional work on the Afree speech@ cart program.
PREPARED BY:
Marsha Jones Moutrie, City Attorney
Barry A. Rosenbaum, Senior Land Use Attorney
Attachments:
A - Proposed Ordinance
B - Hours of Operation for Pier Businesses