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City Council Staff Report Agenda Item No. 7
October 25, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Rob Houston, Assistant to the City Manager
APPROVED: G.
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TITLE: Balboa Theater Potential Lease Amendments and Proposed Beach
Festival Discussion
ABSTRACT:
On September 13, 2011 the Balboa Theater lease was presented to City Council with
amendments for their review and approval. City Council raised questions regarding the
procedures for any potential sale of the property and directed staff to research this item
and bring the lease back for review. The Balboa Performing Arts Theater Foundation
has now asked for additional time to review the proposed changes to the lease. A
Beach Festival sponsored by the Balboa Performing Arts Theater Foundation is also
described for Council's review and direction.
RECOMMENDATION:
1. Continue consideration of the Lease Amendment to a future meeting.
2. Waive Council Policy B -13 to allow alcohol to be sold at the Balboa Theater
Beach Festival fundraiser event tentatively set for Fall 2012 at Peninsula Park
Field contingent upon all conditions of the Special Event Permit process being
met.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
BEACH FESTIVAL DISCUSSION:
As part of the Balboa Theatre fundraising effort, a Music Festival is being planned for a
Saturday in October 2012 at Peninsula Park located adjacent to the Balboa Pier. Staff
has met twice with the Balboa Theatre Foundation and The Producing Group to discuss
Balboa Theater Potential Lease Amendments and Proposed Beach Festival Discussion
October 11, 2011
Page 2
concept of the proposed festival that would take place on the grass sports field between
A and B streets. The entire grass field would be fenced in which would contain an
entertainment stage and areas for food, vendors, VIP and portable restrooms as
illustrated in Attachment A. It should be noted that the Theatre Foundation would intend
for this to be an annual event. A portion of the parking lot adjacent to the park will be
used for staging and participant drop off. Entrance fees will be charged for the event
that would take place from approximately fpm -10pm. Several bands would be
scheduled throughout the day to attract up to 5,000 participants and target demographic
ages of 35 and up with genres such as 80's pop, Surf Pop, Indie Rock or Classic Adult
Contemporary.
The festival is in the early planning stages and will require further detail to truly
understand the logistics necessary to successfully implement the event. High level
discussions have included permit and staff costs. Also identified were anticipated
challenges requiring the Producing Group to address through the planning process
which includes offsite parking options, noise generated from amplified sound, traffic
control and the selling of alcohol. Noise impacts to the nearby residents would be
unavoidable due to their close proximity to the park. However, the event organizer
would work closely with residents to notify them well in advance and direct the sound
system out towards the ocean to minimize impacts as best possible. The event
organizer also understands that they would be responsible for all related permit, lot
closure revenue loss, and City staffing costs. All known aspects of the event as
described would fall within the guidelines of the Special Event permit process with the
exception of alcohol sales. Council policy B -13 limits alcohol to certain public facilities
which does not include parks. Waiver of this policy is recommendation based on the
Newport Beach based non - profit status of the Balboa Theater and their fundraising
needs. If Council supports these efforts as outlined, staff will work with The Producing
Group to develop a comprehensive event plan.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is categorically exempt under the
California Environmental Quality Act ( "CEQA ") pursuant to Section 15302(b) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
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Balboa Theater Potential Lease Amendments and Proposed Beach Festival Discussion
October 11, 2011
Page 3
Submitted by:
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Dave Kiff
City Manager
Attachments: A. Map of Beach Festival Layout
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