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CC - CONSENT ITEM: Adoption of a Resolution Amending the Town Plaza Use Policy (City Council Policy 2302), as Recommended by the Economic Development Subcommittee.
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Meeting Date: November 13, 2023
Contact Person/Dept: Elizabeth Garcia / Office of Economic and Cultural Development
Elaine Warner/ Office of Economic and Cultural Development
Phone Number: (310) 253-5708
(310) 253-5777
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - City Council (11/07/2023)
Department Approval: Jesse Mays, Assistant City Manager (11/06/2023)
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RECOMMENDATION
Staff recommends the City Council adopt a Resolution to amend the Town Plaza Use Policy (City Council Policy 2302), as recommended by the Economic Development Subcommittee (Mayor Vera and Council Member Eriksson) (“Subcommittee”).
BACKGROUND/DISCUSSION
On November 14, 2022, the City Council adopted Resolution No. 2022-R089 approving the Town Plaza Use Policy (City Council Policy 2302) (“Policy”) to provide guidelines for the use of Town Plaza as a community venue for art, music, filming, and special events. Town Plaza is defined as the public space between Ince Boulevard (between Culver Steps and Culver Studios) and Culver Boulevard (west of Culver Hotel). The Plaza is divided between two sections - Town Plaza-West and Town Plaza-East, as shown in Attachment No. 1 to the Policy.
Generally, the Policy has been successful in the overall management of the space, however staff has discussed with the Subcommittee beneficial amendments to the Policy to clarify certain provisions. The following amendments recommended by the Subcommittee and City staff include:
1. Adding a 10-foot protective radius to restrict heavy equipment/vehicles near public art on Town Plaza;
2. Allowing bicycles on the fire lane on Town Plaza;
3. Clarifying of First Amendment language; and
4. Clarifying language pertaining to event categories and requirements.
Public Art Protective Radius (New Section VIII.H)
Over the past two years, there have been several incidents that have caused damage to The Lion’s Fountain relative to filming or special events. While the City has been able to obtain reimbursement for the damages, Cultural Affairs and Public Works staff is responsible for coordinating the repair and supervising the work.
To protect the City’s public art assets and staffing resources, it is recommended that a protective radius be approved that restricts any activity within 10 feet from any public art in Town Plaza. The Policy, however, would allow an exemption to this radius if the producing entity engages the City staff to supervise the production, including load in and out, to ensure artworks and related infrastructure (e.g., fountain pavers, pipes, lighting, etc.) are protected.
Proposed Language: To protect the City’s public art assets, a protective radius that restricts any activity within 10 feet from any public art located in the Plaza is recommended. Events may receive an exemption from this restriction upon determination from approving staff. Event organizers and film producers may be required to pay for City staff (i.e., such as Public Works Department staff) to be present during the entirety of the setup, event and break down to ensure protection of the artworks and related infrastructure (e.g., fountain pavers, pipes, lighting, etc.).
Bicycles and Non-Motorized Mobility Devices (Section VIII.E)
Currently, the Policy stipulates that bicycle riders must dismount upon entering a designated Town Plaza fire lane. The fire lane runs the length of Town Plaza between Culver Boulevard to the Ince Boulevard and along the alleyway next to the Culver Theater as shown in Attachment No. 3 to the Policy. As there is no delineation of the fire lane on the Plaza, enforcement of this provision is difficult.
Staff recommends that language related to dismounting be removed and new language requiring riders to yield to pedestrians be approved. The proposed amendments to Section VIII.E read as follows:
Proposed Language: E. Bicycles and Non-Motorized Mobility Devices. Bicycles, which include electric bicycles, are permitted in Town Plaza pursuant to CCMC 7.04.250 and this Policy, adopted by Resolution No. 2023-R____. Non-motorized mobility devices, such as skateboards, roller skates, roller blades, in-line skates and non-motorized scooters, are permitted to operate in Town Plaza pursuant to this Policy, subject to the rules and regulations set forth herein.
Town Plaza is designated as a pedestrian space. Riders shall may operate their bicycle or other non-motorized mobility device within the designated fire lane (see Attachment 1) while in Town Plaza. All riders shall be restricted to a 3-mph speed limit and shall operate their bicycle or other non-motorized mobility device with due care and shall yield for pedestrians at all times. Riders not within the designated fire lane shall be required to dismount and walk their bicycle or other non-motorized mobility device. Appropriate signage will be posted by the Public Works Department and enforced by the Police Department (See also Section X of this Policy).
First Amendment
Section IX:B:2 of the current Policy requires assemblies of more than 100 people to obtain an assembly permit in order to gather in Town Plaza. The reference in IX:B:1 to 50 people was not updated in the last Town Plaza Policy update.
This new Amendment clarifies that assemblies of up to 100 people will not require an assembly permit.
Event Requirements and Procedures (Section VII.C)
Staff recommends that the language related to management fees for Town Plaza-East be clarified, as well as removing language including step and repeats/photo back drops under small scale events.
Other Permits and Fees: There has been confusion relative to the requirement and amount of management fees payable to the facility managers of The Culver Steps. The amount of the fees is case-specific depending on the requirements of the event. The proposed amendments to Section VII.C, Table: Town Plaza-East, Other Permits and Fees read as follows:
Management Fees* paid directly to Hackman Capital Partners (HCP)/IDS Real Estate Group (IDS), which fees depend on the scale of event. Management fees* for the use of Town Plaza depend on the scale and complexity of the event. Management fees start at $1,000 and can be up to $15,000, depending on the event. Fees are to be paid directly to IDS Real Estate Group (IDS).
Town Plaza-West Deposit Categories: Small scale events (Category 4) currently are not required to provide a deposit for Town Plaza West or obtain a permit from the Building and Safety Division and/or the Fire Department. These events generally include tables/chairs and do not include a structure. After additional staff review, it is recommended to remove photo backdrops or “step and repeats” from this event category to allow review by these departments. The proposed amendments to Section VII.C, Category 4 are as follows:
Category 4. Events which that do not require a permit from the Building and Safety Division and/or the Fire Department and include a small scale scope, i.e., tables, chairs, photo backdrop (known as step and repeats), but does not include tents.
Deposit: $0
The amended Policy, incorporating the above revisions, is included as Exhibit A to the proposed Resolution (Attachment 1).
FISCAL ANALYSIS
There are no costs associated with approval of these Amendments to the Town Plaza Use Policy.
ATTACHMENTS
1. Proposed Resolution Town Plaza Use Policy (Council Policy 2302).
MOTION
That the City Council:
Adopt a Resolution amending Town Plaza Use Policy (Council Policy 2302).