Performers Sing the Blues as Council Initiates Game of Musical Chairs

By Jorge Casuso

Wednesday, July 14 -- Street performers sang the blues and will soon be playing musical chairs under a long-awaited ordinance approved in concept by the City Council Tuesday night.

The proposed ordinance - which was modified during a five hour meeting that included performances by a rhyming clown and a sax player - will require that performers and vendors on Third Street Promenade and the Santa Monica Pier rotate 120 feet every two hours, on even hours.

In order to avoid competition with merchants, the ordinance also would restrict vending to items related to a performance - such as paintings or recordings - or that are expressions of free speech - such as bumper stickers and pamphlets.

"This is an excellent compromise and a good place to start for the summer," said Kathleen Rawson, executive director of the Bayside District, which includes the promenade.

"We have a huge problem with illegal vending," said Jan Palchikoff, executive director of the Pier Restoration Corporation. "We feel it's unfair to the pier merchants."

Many performers and vendors, however, opposed the requirement that they change locations every two hours, saying it will trigger a dangerous and chaotic game of musical chairs during peak hours, when it is estimated that 10,000 people per block flow through the bustling promenade.

"It's not going to be the Rockettes," said balloon clown Stewart Chandler. "It's going to be like an avalanche of people barreling 120 feet. It's going to create incredibly bad vibes, and it's going to be unworkable."

"There will be chaos, confusion and a safety hazard," said Michael Wood, a free-speech vendor. "Everyone will be in a hurry. It will be a large game of musical chairs."

In addition, painters said their work would not dry in time to move without sustaining damage. "You can't be creative when you're worrying about moving," one painter said.

Council members countered that the proposed ordinance allows performers and vendors to share the best spots and reduces unfair competition by prohibiting them from stationing themselves in front of a particular store. As for safety concerns, they'll just be going with the flow.

"Everybody's moving," said Councilman Robert Holbrook. "It's almost like a tide or a river. Why should someone have their own personal areas in a public space."

In addition, requiring a rotation schedule is expected to eliminate unsightly clutter that recalls a flea market because it forces performers and vendors to travel light if they are to stay on the move and ahead of the pack.

"We force all these creative people to create a compact exhibit that can be moved more easily," said Councilman Michael Feinstein. "People who have it behind a table with a whole bunch of stuff won't be there. We will have people that will be more nimble."

In an effort to eliminate clutter, the council also directed staff to draft a provision that limits performers and vendors to what they can carry and the number of items they display at one time to five.

The ordinance, which regulates performance and outlaws commercial vending on the Third Street Promenade and the Pier, could be open to legal challenges because it regulates "the time place and manner of speech in order to control aesthetics and unfair competition," according to city staff.

Two lawsuits were threatened during the public hearing.

The proposed ordinance also will:

· Impose a 40-foot spacing requirement between both performers and vendors.
· Downgrade all violations from misdemeanors to infractions in an effort to cut down on court time and costs.
· Lengthen performance hours on holidays. The current law prohibits late night performance on all weekdays.
· Limit the size of tables to 4 by 4 feet for performers and 4 by 8 feet for free-speech vendors. The latter will be allowed a maximum of two chairs per table.
· Prohibit umbrellas, sandwich boards, canopies and tents unless specifically authorized by the city.
· Hire a monitor to ensure compliance.

The ordinance -- which was the culmination of six months of meetings between city officials, performers and venders -- is expected to evolve as those afected adapt to the changes.

"The Promenade is a study in human evolution," said Police Sgt. Russ Martin. "If you think of restrictions, people will come up with new exceptions."

In other action, the council authorized the city manager to negotiate and execute contracts with:

· Pacific Mechanical Corporation for $2.5 million to build phase two of the Moss Avenue Pumping Station next to PCH and the beach. The pumping station collects sewage and carries it to the City of Los Angeles' Hyperion Plant for treatment.
· Culbertson, Adams & Associates, Inc. for $148,000 to prepare environmental documents for the Virginia Park Expansion Project and the Airport Park project.
· United Testing and Inspection Services for $200,000 and Psomas and Associates for $100,000 for material testing and inspection services during construction of the Santa Monica Public Safety Facility.