SR 06-27-2017 3C
Ci ty Council
Report
City Council Meeting : June 27, 2017
Agenda Item: 3.C
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To: Mayor and City Council
From: Andy Agle, Director , Housing and Economic Development, Economic
Development Division
Karen Ginsberg, Director, Community & Cultural Services
Subject: Pilot License Area Program with Downtown Santa Monica, Inc.
Recommend ed Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute pilot -program l icense a greements with Downtown Santa Monica, Inc. (DTSM)
with no license fee to enable DTSM to provide public -serving amenities and art
ins tallations with an initial term of one year with four, one -year renewal options.
The license areas include : (a) the p edestrian right -of -way on the east side of Ocean
Avenue from Colorado Avenue to the northwestern entrance of Tongva Park,
(b) the triangula r landscaped open space at Colorado Avenue and Main Street , and
(c) other downtown locations to be identified for art installations .
Executive Summary
With the opening of the Expo Line extension to Santa Monica and the completion of
Tongva Park and the Co lorado Esplanade, there are both new and more populated
public spaces downtown. To ensure these areas are both safe and attractive, s taff
recommends that the City Council authorize the City Manager to negotiate and execute
p ilot -program l icense a greements with Downtown Santa Monica, Inc. (DTSM). The first
license would allow DTSM to manage, in collaboration with the Cultural Affairs Division,
rotating public art installations on the triangular area located at the intersection of
Colorado Avenue and Main St reet and another license agreement to include other
locations to be identified in the downtown . The third license would allow DTSM to
manage pedestrian -oriented services and activ ities on a portion of the pedestrian right -
of -way on the eastern side of Ocea n Avenue , between Colorado Avenue and the
northwestern entrance of Tongva Park. The dur ation of each license agreement would
be a n initial term of one year with up to four one -year renewal options on the same
terms and conditions , for a total license term of up to five years , without a license fee.
Background
On December 6, 2016, Council approved a pilot program to establish DTSM
ambassador services in Tongva and Palisades Parks to provide hospitality services and
assist with monitoring , maintenance of t he spaces and address quality of life issues
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(Attachment A). The ambassador services pilot program began on January 1, 2017 in
the two parks and has had a positive impact on visitors’ perception of safety and
cleanliness of the parks , particularly in and n ear the public restrooms. Data collected in
the two parks in the first quarter of 2017 show that ambassadors made 4,508 q uality -of -
l ife interactions (park violations, sleeping, smoking, walkway obstructions), 26,496
hospitality i nteractions (transit referr als, business referrals, escorts, requests for
assistance), and 17,720 maintenance -i tem interactions (bills/stickers, debris, graffiti,
downed branches, rodents). In addition, DTSM has conducted mo nthly mystery -shopper
evaluations to document the public’s perceptions of the conditions of the parks and their
experiences. The evaluations consistently report that the ambassadors were
approachable, cheerful, and helpful and the public restrooms were observed as “clean
and presentable ,” with one mystery shopper stating “I felt completely safe while using
the facilities .”
T he City recently created two new public spaces adjacent to the Colorado Esplanade
and Tongva Park : (a) t he approximately 9,000 -square -foot grassy triangle (Triangle
Square) at the intersecti on of Main Street and Colorado Avenue (Attachment B) and
(b) the approximately 4,000 -square -f oo t p edestrian right -of -way on the eastern side of
Ocean Avenue , between Colorado Avenue and the north western entrance to Tongva
Park (Attachment C). To create an engaging public space that promotes ongoing safe
use by residents and visitors , DTSM has proposed two pilot -program concepts to
activate the public spaces by providing public -serving amenities along Ocean Avenue
and public art installations at Triangle Squ are and other downtown locations . Research
and experience in Santa Monica and nationally demonstrate the value of “placemaking”
to promote shared, welcoming environments which in turn enhances safety. Both
approaches would require a license agreement betw een the City and DTSM.
On February 14, 2017, Council authorized a Memorandum of Understanding (MOU)
between the City and DTSM to collaborati vely develop a public art pilot program
featuring a series of temporary artworks by high -caliber artists made of va ried mediums
on Triangle Square and along the Third Street Promenade and other downtown
locations (Attachment D). For th e public -art partnership with DTSM , the City committed
funds of up to $75,000 for the commission of public art in Triangle Square and D TSM
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committed funds of up to $150,000 for the commission of publ ic art in the downtown
area , as well as to cover costs in excess of the City’s funding , including contracting with
an arts consultant to help curate and coordinate with artists.
Discussion
T here is an opportunity to activate two new public spaces, along the Colorado
Esplanade and Ocean Avenue streetscapes, by offering public -serving amenities and
temporary public art and other interactive experiences that create a sense of place and
engage th e community. Staff r ecommends entering into a pilot -program license
agreement with DTSM to assist in activating the public right s -of -way based on the
success of the pilot program for park ambassadors in Tongva and Palisades Parks .
Triangle Square License Area
The first pilot -program license would allow DTSM to manage, in collaboration with the
Cultural Affairs Division (CAD ), rotating public art installations on the sloped triangular
area of approximately 9,000 square feet of public right -of -way located a t the intersection
of Colorado Avenue and Main Street (Triangle Square) and a license agreement to
address other areas in the downtown area to be identified as the public art installations
are selected . DTSM anticipates generating funds to support the cont inuation of rotating
art installations through revenues produced from other activation endeavors, such as
the pedestrian -oriented services proposed to be located in the Ocean Avenue license
area. Additional support may come through donations and sponsorshi p opportunities
associated with the public art installations. As part of the program, staff recommends
that Council provide staff with authority to approve future public right -of -way locations
for in stallation of public art in other areas of downtown .
CAD and DTSM are prepared to e nter into an MOU outlining the Triangle Square pilot
program and establishing each part y’s roles and responsibilities. CAD and DTSM
released a Request for Qualifications to identify a slate of artists to create site -specific
i nstallations for the public art program . The RFQ received 194 applications and a joint
panel of Arts Commission members and DTSM representatives reviewed the
applications and selected 25 artists to be considered for the artwork commissions.
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A joint panel o f DTSM staff and CAD representatives w ould be responsible for
approving the artist proposals before the art work is created and installed. Public access
into the license area may be restricted at times based upon the type of public art
installation.
Ocean Avenue License Area
I n addition to the license agreement s to manage the public art pilot program in Triangle
Square and other downtown locations , a second proposed pilot -program license
agreement would allow DTSM to provide p edestrian -oriented services an d amenities
within a portion of the approximately 4,000 square feet of p edestrian right -of -way along
the eastern side of Ocean Avenue , between Col orado Avenue and the north west
entrance of Tongva Park .
Activation of th e area with pedestrian -oriented amenit ies such as food service , retail , or
other experiential use s or programming is intended to activate the space with , for
example, movable table s and chairs . The addition of services and a menities is
designed to help create connections between Palisades and Tongva Park s , develop a
sense of place , and build community. Under the proposed pilot program, DTSM would
be permitted to enter into sublicense agreements with operators selected through a
competitive, public procurement process. All sublicense fees pa id to DTSM by the
operators would be required to support DTSM’s responsibilities of staffing and
managing the license areas , as well as support of the public art pilot program at
Triangle Square and in downtown . As a pilot program, DTSM w ould be provided
flexibility and creativity to adjust the types of programs and uses within the license area
that are most impactful at enhancing the public’s experience , while also helping to
financially sustain the public art installation pilot at Triangle Square. Pedes trian access
through the license area w ould be permitted at all times , including hours of non -
operation.
General License Agreement Terms
The duration of each license agreement would be a one -year term with up to four one -
year renewal options for a total license term of up to five years , with out a license fee.
Either party may terminate the l icense a greements with 60 days’ notice . Tentative
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hours for both license areas would be daily from 7 AM to 10 PM , with an ability to adjust
the hours based on season ality and program activity. Rules and regulations may be
developed, posted, and enforced. DTSM w ould be responsible for providing adequate
staffing to ensure consistent monitoring and enforcement within the license areas.
DTSM w ould ensure that any sub -lic ensee or subcontracted vendors maintain and
provide adequate insurance coverage and comply with all rules, regulations , and laws.
DTSM w ould be responsible for providing, maintaining , and securing any tables, chairs,
or other furniture or improvements that the City approves to be installed within the
license area , as well as the removal of any improvements installed or repair s required to
the license areas as a result of the improvements at the termination of the license
agreements. All improvements or inst allations within the license area would be
coordinated in advance with the Public Works and Planning Departments to ensure
adherence with operational and municipal code requirements and zoning.
Commencement would occur upon the execution of each License Ag reement ,
estimated to occur later this year . The City w ould continue to provide the same level of
routine maintenance services and repair s for the licensed right of way areas .
Commission Action
In relation to the Triangle Square license agreement , the Ar ts Commission voted at its
February 27, 2017 meeting to support the execution of the partnership between DTSM
and the City , and identified three representatives to serve on the artist selection panel.
On May 15, 2017 , the Public Art Committee and the Arts Commission voted to approve
the slate of artists for the project.
Financial Impacts and Budget Actions :
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
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Prepared By: Elana Buegoff, Senior Develop ment Analyst
Approved
Forwarded to Council
Attachments:
A. December 6, 2016 Council Report
B. Triangle Square Exhibi t
C. Ocean and Colorado Exhibit
D. Feb. 14, 2017 Council Report
A T T A C H M E N T A C O L O R A D O A N D M A I N
M A I N S T
S A N T A
M O N I C A F W Y
C O L O R A D O A V E
C i t y O f S a n t a M o n i c a
1 5 0 0 7 5 F e e t
D i s c l a i m e r :T h i s m a p o f t h e C i t y o f S a n t a M o n i c a h a s b e e n p r o v i d e d f o r i l l u s t r a t i o n p u r p o s e s o n l y . E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e m a p s p r o v i d e d , h o w e v e r , s o m e i n f o r m a t i o n m a y n o t b e a c c u r a t e . T h e C i t y o f S a n t a M o n i c a ("C i t y ") p r o v i d e s t h i s m a p o n a n "A S I S " b a s i s . T h e C i t y a s s u m e s n o l i a b i l i t y f o r d a m a g e s a r i s i n g f r o m e r r o r s o r o m i s s i o n s . T H E M A P S A R E P R O V I D E D W I T H O U T W A R R A N T Y O F A N Y K I N D , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o , t h e i m p l i e d w a r r a n t i e s o f m e r c h a n t a b i l i t y a n d f i t n e s s f o r a p a r t i c u l a r p u r p o s e . D o n o t m a k e a n y b u s i n e s s d e c i s i o n s b a s e d o n t h i s m a p b e f o r e v a l i d a t i n g y o u r d e c i s i o n w i t h t h e a p p r o p r i a t e C i t y o f f i c e .
I n f o r m a t i o n S y s t e m s D e p a r t m e n t . G e o g r a p h i c I n f o r m a t i o n S y s t e m s . 2 0 1 7
C o l o r a d o a n d M a i n S t (9 0 0 0 S q u a r e F e e t )
A T T A C H M E N T B C O L O R A D O A N D O C E A N
O C E A N A V E
1 S T C T
C O L O R A D O A V E
S A N T A
M O N I C A
P I E R
S A N T A M O N I C A F W Y
M O O M A T A H I K O W A Y C i t y O f S a n t a M o n i c a
1 5 0 0 7 5 F e e t
D i s c l a i m e r :T h i s m a p o f t h e C i t y o f S a n t a M o n i c a h a s b e e n p r o v i d e d f o r i l l u s t r a t i o n p u r p o s e s o n l y . E v e r y r e a s o n a b l e e f f o r t h a s b e e n m a d e t o e n s u r e t h e a c c u r a c y o f t h e m a p s p r o v i d e d , h o w e v e r , s o m e i n f o r m a t i o n m a y n o t b e a c c u r a t e . T h e C i t y o f S a n t a M o n i c a ("C i t y ") p r o v i d e s t h i s m a p o n a n "A S I S " b a s i s . T h e C i t y a s s u m e s n o l i a b i l i t y f o r d a m a g e s a r i s i n g f r o m e r r o r s o r o m i s s i o n s . T H E M A P S A R E P R O V I D E D W I T H O U T W A R R A N T Y O F A N Y K I N D , e i t h e r e x p r e s s e d o r i m p l i e d , i n c l u d i n g b u t n o t l i m i t e d t o , t h e i m p l i e d w a r r a n t i e s o f m e r c h a n t a b i l i t y a n d f i t n e s s f o r a p a r t i c u l a r p u r p o s e . D o n o t m a k e a n y b u s i n e s s d e c i s i o n s b a s e d o n t h i s m a p b e f o r e v a l i d a t i n g y o u r d e c i s i o n w i t h t h e a p p r o p r i a t e C i t y o f f i c e .
I n f o r m a t i o n S y s t e m s D e p a r t m e n t . G e o g r a p h i c I n f o r m a t i o n S y s t e m s . 2 0 1 7
C o l o r a d o a n d O c e a n A v e (4 0 0 0 S q u a r e F e e t )
REFERENCE:
Agreement No. 10479
(CCS)