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sr-112211-4aCity Council Meeting: November 22, 2011 Agenda Item: 4 -A To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Pier Governance, Management and Operations Recommended Action Staff recommends that the City Council: 1. Consider modifying the governance structure of the Santa Monica Pier as recommended in the attached "Pier Governance and Management Study;" 2. Direct staff to return to Council with legislative and budget adjustments necessary to implement the recommended approach. Executive Summary The City of Santa Monica, with the cooperation of the Santa Monica Pier Restoration Corporation (PRC), initiated a study to evaluate the governance and management of the Santa Monica Pier in order to identify opportunities to maximize organizational and budgetary effectiveness. Following a comprehensive review of City and PRC operations, feedback from stakeholders, and a review of differing governance and management approaches, the Santa Monica Pier Governance and Management study provides several recommendations to enable the City and its nonprofit partner to deliver a more responsive, transparent, and accountable management of the Pier, and to lay the organizational groundwork for the upcoming Master Planning effort that will guide the Pier into the future. Recommendations outlined in the Study call for changes to both the City's and PRC's roles and responsibilities. The study identifies a need for the City to take a stronger role in the management of this major public resource, and recommends the establishment of an on -site Office of Pier Management that would consolidate and better coordinate the City's many Pier - related functions. Recommended changes to the PRC include modifying the PRC Board's size and composition to enhance decision - making while broadening representation, as well as renaming and refocusing the PRC from an organization whose original mission was to `restore' the Pier to an organization with a renewed focus on marketing, promotions and the production of community events. The renamed non - profit corporation would also help facilitate public participation as part of the upcoming Pier Master Planning efforts and other Pier policy matters for Council's consideration. 19 The recommendations are designed as an interim measure for a period of approximately two years to enable the City to evaluate improvements in operational and fiscal outcomes and consider further modifications, if needed. Background In January 2011, the PRC Board commissioned a study by Urban Place Consulting Group, Inc. The study, "Managing Our Public Spaces," compared management models employed by other public venues. The study raised many questions about best practices for management of the Pier and recommended further analysis. As a result, City staff conducted a review of pier operations provided by both the City and the PRC, in order to assess the existing governance structure and management functions, and to develop recommendations that would achieve an improvement in operational efficiencies and transparency, reduce General Fund operating subsidies, and provide a springboard for the future Master Planning process for the Pier. Discussion An examination of the current governance, management and operations of the Pier is necessary for several reasons, including: • In 2009, the Pier celebrated its Centennial, which provided an opportunity to consider the next 100 years on the Pier. • It has been 28 years since the disaster that created the need to restore the Pier and create the SMPRC. By all accounts, the Pier has been effectively restored, creating an opportunity to examine the mission and functions of the oversight organization. • The long- serving PRC Executive Director resigned in 2010, creating an opportunity to consider the needs and direction of the Pier and the organization that oversees the Pier. The type of organization the PRC may become will have a direct bearing on the experience and skills the PRC will want in its new Executive Director and should be resolved prior to the hiring of a new Executive Director. • Staff has proposed including a Pier Master Plan in the City's FY 2012 -13 Capital Improvement Budget which will require extensive public input. • As the City evaluates the Pier's economic forecast and projected structural budget deficit, it is critical that the City consider opportunities to reduce and potentially eliminate operating and capital subsidies for the Pier. 2 • The large size of the PRC Board is cumbersome and could operate more efficiently if reduced in size. In addition, conflicts about the appropriate role of the PRC and the City in tenant leasing needed to be resolved. The report examined four components: (1) Organizational and management analysis of the Pier's existing operations; (2) Assessment of the Pier's current financial performance and revenue potential; (3) Review of different governance and management approaches utilized at other comparable public venues considered in the context of the Pier's operations; and (4) Recommendations on ways to improve the City's stewardship of the Pier. The report also integrates feedback that the City Manager and executive team received following a series of interviews with stakeholders, including current and past PRC Board members and staff, Pier tenants, City and PRC staff, and other interested parties, which provided an understanding of the issues and stakeholder aspirations for the Pier. In addition, City and PRC staff gathered and reviewed an extensive collection of data including planning and financial documents, operating practices, and staffing and service levels of both City and PRC. Following feedback from stakeholders, a review of City and PRC operations and fiscal performance, and a review of differing governance and management models employed at similar venues, the report identified a series of findings as part of the development of the recommended approach. Findings which serve as a basis for the recommended approach call on the City to: • Articulate a clear vision for the Pier. The last public visioning process to identify the current and future community needs for the Pier was in 1988. • Solicit new Pier tenants using industry best practices. The current process utilized by the City and PRC can be lengthy, bureaucratic and unpredictable and deter the City's ability to attract top tier tenants. 41 • Consolidate oversight of Pier operations within the City. A number of City departments have Pier - related responsibilities. While certain functions logically fall under the scope of different departments, currently it is, at times, unclear which department, if any, has the lead role in making determinations and providing direction. • Ensure a transparent decision - making process with clear lines of authority and accountability. The actions of the City and the PRC should be transparent to the public and the public should be actively encouraged to participate in its decision - making processes. • Improve the financial transparency and accountability. The PRC needs to develop improved financial policies, procedures and record - keeping. The City should better attribute all Pier - related expenses to the Pier Fund for a clearer picture of the full costs of operating the Pier. • Prioritize revenue generation. Pier revenue generation and cost efficiencies need to be prioritized in order for the Pier to reduce General Fund subsidies. • Improve coordination for activities that happen on and around the Pier. The Pier operates in close proximity to many other public and private activities. Efforts to better integrate the Pier and adjoining areas are needed. Based on the findings and analysis, the Study recommends specific changes to the current governance and management. In addition, following input from the PRC at its November 10th Board meeting, staff has incorporated a PRC suggestion relating to the appointment of the board of the successor organization to the PRC. Recommendations are summarized below: 1. Establish an on -site Office of Pier Management. Positioned under the auspices of the City Manager, the Office would coordinate and consolidate oversight of day -to -day activities on the Pier. This centralization should provide improved coordination, communication, efficiency, and accountability needed to improve the delivery of services on the Pier and coordination of activities around the Pier. The Office's responsibility would include oversight of all City functions, 0 including tenant relations, as well as the services provided by City contractors and entities such as the PRC. 2. Rename the PRC and modify the composition and size of its Board. Since the Pier has been restored, the name of the Santa Monica Pier Restoration Corporation should be changed from a focus on restoration to one that more clearly reflects the organization's current and future mission. Suggested options for consideration include the Santa Monica Pier Corporation, the Santa Monica Pier Marketing and Events Bureau, or the Santa Monica Pier Marketing Corporation. The composition and size of the renamed board should be modified to better reflect the organization's objectives and to enhance efficient decision - making. The 11- member board should be reduced to seven members to support more focused consideration of policy matters. Appointment of board members should reflect the various constituencies that the board represents. The Study suggests that the board appointment structure be patterned on the Santa Monica Convention and Visitors Bureau (CVB) and Downtown Santa Monica Inc., whereby a portion of the board membership is appointed by Council with the remaining seats appointed by other stakeholder organizations. The Study recommends that Council appoint four members, with the Santa Monica Chamber of Commerce, the Santa Monica Convention and Visitors Bureau, and the Santa Monica Pier Lessees Association each appointing one member to complete a seven - member governing board. The PRC Board recommended modifying this approach, advising that Council appoint all seven members with the Chamber of Commerce, CVB and Pier Lessees Association invited to nominate candidates for Council's consideration. Staff supports this modification to the Study's recommendations. In addition, City staff, in consultation with PRC staff, would propose qualifications 5 for consideration of applicants for the board of the successor organization. If desired, staff could also help screen and recommend a group of qualified community leaders for the interim Board of Directors. The proposed structure as recommended by the PRC Board would ensure that the owner and steward of the Pier (the City), as well as the business community, tourism community, and Pier tenants, have an opportunity to be represented on the Board. Public participation has been and will continue to be essential to the Pier's success. Under the proposed realignment, the renamed PRC Board would advise Council on Pier - related policy matters including the facilitation of public involvement in the development of a Pier Master Plan, as well as setting goals and guidelines for marketing, events, and sponsorship. In addition, the PRC Board would work with staff to articulate a vision for the Pier and new Leasing Guidelines that balance competing needs while implementing more common commercial leasing practices. Approval of leases, however, would no longer be part of the renamed PRC's responsibility and would instead return to the City with leases approved by Council. 3. Focus staff of the renamed PRC on event production, marketing, promotions, sponsorships and fundraising. PRC staff would continue to focus on its core mission of event production, filming, promotions and marketing; however, the Study recommends that other roles that the PRC has had to assume in the absence of a strong City presence, including tenant relations and coordination of day -to -day City operations, return to the City. Implementation The City Manager can initiate the reorganizational changes associated with enhanced coordination of City services and creation of the Office of Pier Management. If additional funding is needed to implement the reorganization, as well as provide desired levels of service on Pier, changes will be recommended as part of the mid -year budget process. Staffing levels anticipated include a Pier manager position and support staff. 9 Modifications related to the name, governance structure, and functions of the PRC would require Council approval. With Council direction, next steps include: 1. Council to approve criteria for new Board members and advertise the openings, inviting the Chamber of Commerce, Convention and Visitors Bureau and Santa Monica Pier Lessee's Association to nominate applicants. 2. Council to appoint members to the new interim board, at which point the existing board will sunset. 3. Council and new board to approve modifications to the Services Agreement. 4. Council and new board to approve new by -laws. 5. New Board to begin work on the Pier Vision, Master Plan, and guidelines for leasing, marketing, special events, and sponsorships. While the process of developing new leasing guidelines is underway, Council would assume responsibility for approving Pier leases. Staff is currently reviewing proposals received following a Request For Proposal solicitation for a restaurant/entertainment opportunity at 256 Santa Monica Pier. Staff will bring a recommendation to Council once a full review is completed. For the next two years, City staff, in partnership with the new Pier board and staff, will continue to review and evaluate the effectiveness of the governance and operational structure to assess whether additional changes are warranted. Commission Action The PRC Board reviewed the Study and discussed its findings and recommendations at a special Board meeting held on November 10, 2011. The Board approved the Pier Governance and Management Study as presented, with the recommendation that the City Council select all seven board members based upon a set of criteria to be developed by City staff and approved by Council. The Board also requested that the City complete a cost allocation study to ensure costs are appropriately attributed to the City's Pier Fund, and to initiate an economic impact study of the Pier. Staff agrees with these recommendations. rl Financial Impacts & Budget Actions There is no immediate budget /financial impact to the policy decision. If additional budget authority is necessary to implement the recommendations, staff will seek Council approval at a future meeting. Prepared by: Elana Buegoff, Senior Development Analyst Andy Agle, Director Housing and Economic Development Attachment: Forwarded to Council: / V Rod Gould City Manager A. Santa Monica Pier Governance and Management Study, October 2011 -R City Attorney 28 PRC Operations 29 Staff and Major Functions 29 Pier Fiscal Performance 33 Pier Enterprise Fund 33 Pier Fund Revenues 33 Pier Fund Expenses 34 Indirect Costs and Depreciation Accounting 34 Budget Projections 35 Enterprise or Public Good? 35 Revenue Enhancement Opportunities 36 Beach Enterprise Fund and State Operating Agreement 37 Reductions of Expenditures to the Pier Fund 38 City Funding to PRC 39 Waived City Fees 39 PRC Operational Revenues and Costs 40 Combined Revenues and Expenses for the Pier 41 Approaches to Governance and Management 43 Advantages with the Current Approach 43 Disadvantages of Current Approach 44 Comparative Pier Management Survey Alternative Management Scenarios Scenario 1: City Manages All Pier Operations Scenario 2: Non - profit Manages All Pier Operations Scenario 3: Non - profit Entity Focused on Marketing, Events and Fundraising Scenario 4: Master Ground Lease with Private Entity Scenario 5: Realignment of Existing Structure Chart 1. Comparative Pier Management Models Chart 11. Alternative Management Model Scenarios 45 46 46 47 48 So 51 52 55 2 v10 -14 -11 Draft Introduction For over a century, the iconic Santa Monica Pier has stood, at times precariously, over waters of the Santa Monica Bay. Today, it endures as one of the most dynamic and cherished public spaces, not only to the residents of Santa Monica, but to visitors from around the region and world. As when the Pleasure Pier first opened to the public in 1909, today's visitor also expects the Pier to be an accessible, safe, well- maintained and enjoyable public space, regardless of who owns or manages it. The Pier has become a year- round destination with millions of visitors from all walks of life. The Pier is home to a collection of public and private uses: an amusement park, a children's aquarium, civic spaces, fishing nooks, outlets for artistic expression, and a variety of unique entertainment, retail, and food options. Historic resources such as the Loof Hippodrome and its carousel have been preserved and rehabilitated, public facilities and amenities have been modernized and the venerable summer Twilight Dance Series (TDS), now in its 27th year, crowns an impressive schedule of new and recurring community events. A capital improvement program monitors and upgrades the Pier's infrastructure and a committed security unit ensures that public safety, both below deck and above, is maintained. Today, much of the 1988 Pier Development Program has become a reality and many of the Santa Monica Pier Restoration Corporation's (PRC's) founding objectives have been achieved. While these improvements have unfolded slowly at times, the struggles have yielded successes as a result of the concerted efforts on the part of both the PRC and the City. In contrast to the Pier during its darkest days, neglected and broken, the Pier has been transformed into a special destination —one that provides Santa Monica with a connection to its history, a sense of community, and a welcoming destination for visitors from around the globe. The Pier contributes immeasurably to both the Santa Monica psyche and economy. The recent departure of the long- serving PRC Executive Director, as well as the upcoming master planning process for the Santa Monica Pier, provide an opportunity to evaluate the City's management and support of the Pier, as well as the PRC's management and support, to ensure that the Pier is optimally positioned for the next chapter in its evolution. With that goal, the City and the PRC have undertaken this Study to provide an assessment of governing, financial, and operational approaches for the Pier. Going forward, the decisions on how to manage and operate the Pier will be guided not by a need to 'save' or restore it, but by an opportunity to build upon its successes and achieve its full potential. 4 v10 -14 -11 Draft Findings and Conclusions New approaches to long- standing conditions require changes to the current governance and management model of the Pier. Changes can range from modifications to the existing structure to a completely new governance and operating structure, but any changes to the current system should integrate the following key components: • Articulate a clear vision for the Pier. Managing the Pier requires balancing its roles as a recreational venue, an entertainment venue, a historic venue, a commercial venue, and a community venue. It also requires assessing priorities when the roles compete with each other. Irrespective of the structure used to manage and operate the Pier, the City needs to articulate a clear vision for balancing competing needs that Pier management can follow. Solicit new Pier tenants using industry best practices. Currently, Pier tenants are selected through the City's typical request-for-proposals process. While the practice is common for selecting consultants and others to provide professional services for the City, it is uncommon in the world of commercial leasing and can turn away potential tenants who perceive the practice to be bureaucratic, uncertain, and expensive. There are opportunities for improving the tenant recruitment and lease negotiation process while meeting requirements for public notification of commercial leasing opportunities on publicly owned property. There are also opportunities to simplify and expedite the tenant selection process and provide greater predictability. • Consolidate oversight; however it may not be necessary to combine all functions under one entity. The responsibility for various Pier functions is spread among various City departments, divisions, and the PRC. Consolidating activities with coordinated decision - making could provide better efficacy and accountability and help improve transparency. • Ensure a transparent decision - making process, with clear lines of authority and accountability between the PRC and the City. The activities of the PRC (or successor organization) should be consistent and transparent, with a clear mandate, if a co- management approach is maintained. • Improve the financial transparency and accountability of the PRC. No misappropriations or violations have been found as part of this Study, however, issues concerning fees charged for the use of the Pier, lack of formal procedures for contract approvals and personnel matters, and weaknesses in record - keeping indicate opportunities for improvement. • Improve the financial transparency of the City. Currently, the City does not attribute all expenses of operating the Pier to the Pier Fund. Conversely, the City should evaluate the applicability of some expenses currently charged to the Pier Fund including policing /harbor unit expenses, Pier police patrol, as well as other accounting expenses. • Improve communication and lines of authority among City divisions. A number of City departments have Pier - related responsibilities. However, it is not always clear v10 -14 -11 Draft Recommended Approach The PRC was formed 28 years ago to restore and revitalize a devastated Pier. Today, that mandate has been accomplished. Many revitalization objectives envisioned in the 1988 Santa Monica Pier Development Program have been realized and the Pier has emerged as a cherished icon of the City and one of the most dynamic public spaces in the region. However, the Pier faces new challenges as it begins its second century and a new governance and management structure could better meet the Pier's existing and emerging needs. City staff and the professionals at Urban Place Consulting acting on behalf of the PRC, but without involvement of PRC board members, have developed a recommended approach designed to address the opportunities and concerns identified in this Study, chiefly the disbursal of responsibility for Pier operations among many different divisions within the City with no centralized decision - making; the need for a more transparent process with clear lines of authority and accountability between the City and its nonprofit partner; and the need to improve the Pier's fiscal performance and reduce reliance on the General Fund. The recommended approach is designed to be an interim measure to allow the City to retain what is best about Pier operations while giving it an opportunity to closely evaluate how operations could be improved. It is anticipated that after a period of approximately two years, additional changes may be needed. The recommended approach calls for: 1. Enhance coordination and consolidation of the City's responsibilities through the establishment of an on -site Office of Pier Management. The Office of Pier Management would be responsible for overseeing day -to -day activities, including coordinating Pier operations with other City divisions and City contractors. The Office would ensure that those City divisions and contractors responsible for Pier functions are working together and that there is a single point where decisions are made and competing interests are resolved on behalf of the best interests of the Pier. In order for the Office to operate most effectively, the City would need to establish administrative protocols that would ensure accountability while also permitting the Office to use efficient, non - bureaucratic approaches to address the day -to -day needs of the Pier. Leasing policies and practices need to be improved and stream lined in order to attract high - quality tenants and to support enhanced operations by existing tenants. Among the constraints of the current approach is the requirement to select tenants through a complex and multi - layered process and the prohibition on broker commissions. The Leasing Guidelines should be revised to review preferences and policies and to allow the City to actively engage the services of commercial brokers and other real estate professionals. v10 -14 -11 Draft public participation in the development of the following Pier - related policy matters: Recommending an overall vision for Pier operations that balances its roles as a recreation venue, entertainment venue, historic venue, commercial venue, and community venue. ii. Assisting in the development of the Pier Master Plan. In 2012, the City will embark upon the development of a new Master Plan. This process will involve the Pier stakeholders and the Santa Monica community in a dialogue that will produce a vision and implementation plan for the development and operation of the Pier in the coming decades. The board would play a central role in facilitating public and stakeholder participation and making recommendations to the City Council regarding the Master Plan. iii. Developing and recommending amended Leasing Guidelines that balance competing needs while implementing more common commercial leasing practices. Approval of leases, however, would no longer be part of the renamed PRC's responsibility and would instead return to the City. iv. Developing and recommending event and marketing policies that foster community participation and revenue generation while endeavoring to minimize any negative impacts on Pier visitors and merchants. Reviewing of the Pier governance realignment and making recommendations for improvements or adjustments. 3. Focus staff of the renamed PRC on event production, marketing, promotions, sponsorships and fundraising. PRC staff would continue to focus on its core mission however, other roles that the PRC has had to assume in the absence of a strong City presence, including tenant relations and coordination of day -to -day City operations would return to the City. The existing PRC staff has demonstrated experience and success with community event production, filming, promotions and marketing. Community events are a vital element of the Pier's unique character. The Twilight Dance Series, now in its 27th year, has become a beloved tradition for residents and visitors, defining the way Santa Monica celebrates summer. Other programs, ranging from the Paddleboard Race to Saturday morning's Wake Up to the Waves children's concerts, and from large -scale productions to small -scale community events, bring enjoyment to Pier visitors and make the Pier relevant to the lives of Santa Monica residents. 10 v10 -14 -11 Draft Methodology This report draws on many sources including best practices research, Pier policy documents, financial documents, review of City and PRC internal procedures, and input from stakeholders. Over a period of several months, the City Manager and members of the executive team met with stakeholders including current and past PRC Board members and staff, Pier tenants, City staff, and other interested parties to understand their aspirations and concerns for the Pier. The PRC staff provided data related to PRC programs and procedures and contributed suggestions on ways to improve its internal operations. City staff reviewed past and existing governing and financial documents including Service Agreements, Pier Leasing Policy Guidelines, City Council staff reports, PRC work plans, City and PRC budgets, and audits. Planning documents, including the 1988 Pier Development Plan, the 2009 Pier Infrastructure Study, the 2011 'Managing Our Public Spaces' Study, the 2007 PRC Pier Fund evaluation, and the State Operating Agreements, were also reviewed. City divisions including the Parking Office, Police Department, Community and Cultural Services Department, and Public Works Department were consulted City staff's research expanded upon the 2011 "Managing our Public Spaces' Study commissioned by the PRC (Appendix i). That report examined the management structure of a number of publicly owned venues such as The Ferry Building (San Francisco), Findlay Market (Cincinnati), Pike Place Market (Seattle) and Navy Pier (Chicago) selected from the Project for Public Spaces' database of "Great Places." For this report, City staff expanded the review of comparable public venues to include Stearn's Wharf (Santa Barbara), Santa Cruz Wharf, Fisherman's Wharf (Monterey), the Redondo Beach Pier and Pier 39 (San Francisco). 12 v10 -14 -11 Draft In 1999, as part of budget considerations, Council concluded that lease negotiations and lease Shifting management responsibilities were to be transferred to the City's Economic Development Roles: Division (EDD) and supported by the Office of the City Attorney. This shift relieved the PRC Services from utilizing staff time and employing outside attorneys to handle negotiations and leasing Agreement issues and instead focused the PRC on developing and managing revenue - enhancing programs 2001 and activities including corporate sponsorships, marketing and promotions, special events, filming, and licensing of the Pier's trademark. The PRC continued to take responsibility for the formulation of planning and development objectives, leasing policies and parameters, and providing recommendations to the City on matters related to maintenance, parking, public safety and capital improvements. The shift in responsibilities was reflected in a new Services Agreement authorized by Council in 2001. In addition to Council's approval of the PRC's annual budget, Council oversight included review and approval of PRC- recommended Pier Leasing Guidelines and of an annual business plan with a detailed outline for all aspects of responsibilities under PRC's purview. Major changes in the 2004 Services Agreement involved adding new functions and PRC responsibilities to the PRC's scope. The 2004 agreement specified the PRC's new focus on Services community outreach programs, education programs and community -based events along with Agreement, its previous mandate to market, promote and manage special events. The agreement also 2004 and added street performer monitoring to PRC's staff tasks. The 2010 amendment to the Services 2010 Agreement gave the PRC responsibility for booking and managing special events at the Carousel in an effort to generate additional revenues to support its operations. Council's oversight and review of PRC activities has been through its appointment of members to the PRC Board of Directors, annual review and approval of the PRC business plan and budget, and review and approval of periodic updates to the Santa Monica Pier Leasing and Licensing Guidelines. Through all iterations of the Services Agreements, the City's responsibility has continuously City's included maintenance and repair of the Pier including pilings and substructure, public facilities, Changing common areas, public safety, and operation of the parking lot located on the Pier deck. In Roles addition, the 2001 Services Agreement transferred leasing responsibility from the PRC to the City. During the formation of the PRC and reconstruction of the Pier the City retained a strong staff presence on the Pier, overseeing both the reconstruction efforts and the day -to -day management of the public areas. The City established the position of Pier Manager, who oversaw maintenance, parking, and public safety staff, as well as provided oversight of capital projects. The Pier Manager and staff were located on -site at the Pier and shared offices with the PRC. The City's Pier management structure remained intactfrom 1984 until 1992 —at which time the reconstruction of the Pier was completed and the Pier Manager position was eliminated. The principal management responsibility for Pier was transferred to the staff of a newly 14 v10 -14 -11 Draft Current PRC Board Structure The Council appointed eleven- member PRC Board of Directors (Board) oversees both public and commercial uses of the Pier. Responsibilities include the development and implementation of programs and activities forthe promotion and marketing of the Pier; development and implementation of sponsorship programs to generate revenue to support PRC activities; management of street performers; management of carousel party bookings; approval of Pier leases and licenses consistent with guidelines adopted by the Board and approved by Council; and policy recommendations for City Council's consideration on all matters affecting the Pier. Terms are for four years and Board members can be reappointed for several terms. In order to be appointed to the Board, established criteria calls for "demonstrated experience in the following areas: development finance; commercial leasing and /or development; coastal issues; recreational facility management; architecture /urban design; landmarks; and demonstrated commitment to the preservation and maintenance of the historic character of the Santa Monica Pier." Board members can either be residents of the City of Santa Monica or persons who do business or are employed in the City of Santa Monica. A review of applications submitted to the City Clerk for appointment to the Board indicates that the composition of today's Board consists of approximately half with demonstrated experience in finance /accounting and commercial leasing /development, while others have demonstrated experience in fundraising, events management, and marketing, though currently these are not specified eligibility criteria for appointment to the Board. The Board meets monthly with several subcommittees that meet on an as- needed basis. Board Committees include Executive; Operations and Public Safety; Leasing and Development: Audit and Budget; Marketing; and Twilight Dance Series. In line with other boards and commissions, Council no longer appoints a liaison to the PRC. Stakeholder concerns regarding the PRC Board included: the size of the board can make decision - making difficult and slow, certain Board members bring valuable expertise to the board while others' added value is unclear, Board members' commitment and expertise is not always used effectively and Board meetings frequently involve disagreements and arguments rather than constructive and collaborative efforts. 16 v10 -14 -11 Draft the ability of private sponsorship to fully fund the free events Success in marketing the Pier as an event space has also given rise to concerns from some Pier tenants who are concerned that increasing numbers of events, in the Pier parking deck programed by the PRC, as well in the 1550 Pacific Coast Highway Lot adjacent to the Pier and programed by the City, can have adverse impacts on their businesses. Other Pier tenants had a very favorable impression and expressed their support for more events. Special events in the 1550 Lot such as Cirque du Soleil (CDS), Cavalia and Ashes and Snow have demonstrated economic and community benefits. However, certain Pier tenants who say they have not benefitted from these types of events expressed concerns that event attendees do not necessarily translate into their customers, that the impact on parking can be detrimental to their operations, and that some events offer amenities (i.e. food or beverage service) that directly compete with their offerings. An Economic Impact Study on Cirque du Soleil (CDS) prepared by AECOM /Schlau Consulting in 2010 concluded that Pier restaurants performed nine percent better during the CDS event than they would have otherwise, while entertainment businesses at the Pier experienced a one percent reduction in revenues during the CDS period than they would have otherwise. The positive net impact to the Pier businesses resulting from CDS was $420,000, even after adjusting for displaced sales. The Pier continues to be an increasingly strong draw for visitors. A study by Urban Place Economic Consulting commissioned by the PRC estimates that the number of annual visitors has increased to over six million, a major increase over the decade -old approximation of 3.5 million. The increasing number of visitors has translated to higher gross sales revenues for the Pier, bucking the trend in the current recessionary period. Gross revenues of Pier businesses were approximately $38 million in 2009, $41 million in 2010 and over $43 million in FY 2011. The Pier also serves as an employment node employing over 600 people year -round with seasonal employment in the summer increasing by 25 percent to 50 percent. The 2010 sale of Pacific Park, at $34 million is also a testament to the value of the Santa Monica Pier. The Pier generates other taxes and fees including $182,849 in sales taxes, business license taxes, and parking taxes, $20,900 in film permits, and helps generate parking revenues in the surrounding public parking lots that benefit the City's Beach Fund. The Pier also adds value to other Santa Monica businesses that benefit directly and indirectly from Pier visitors both from direct spending and from the desirable ambience and culture the Pier helps to promote. Visitor spending on the Santa Monica Pier and in the community results in additional sales tax and hotel tax receipts for the City. Total commercial development on the Pier consists of approximately 129,000 square feet of Commercial leased building and deck area. The Pier tenant mix is 71 percent amusement, 25 percent dining Leasing (with and without music entertainment), four percent educational and one percent retail. All vacant leaseholds on the Pier have been leased (with the exception of 370 Santa Monica Pier 18 v10 -14 -11 Draft 6. There are contradictions between the Services Agreement and Leasing Guidelines. Whereas the Services Agreement states the PRC is not to negotiate leases, the Leasing Guidelines provides the PRC with the ability and opportunity to do so using the City Negotiator as a proxy. This blurs lines of authority, lengthens the negotiation process and can cause uncertainty for prospective tenants. 7. Leases are not approved by the City Council. PRC Board Leasing decisions are not appealable to the City Council. As a result, the leasing decisions may not reflect the broader community's aspirations for the Pier. 8. Some tenants are not meeting community expectations regarding quality of offerings and experience. However, neither the City nor the PRC has taken responsibility for encouraging or requiring tenants to improve their offerings. In addition, long- standing tenancy and relationships with PRC board members often takes precedence over quality offerings in leasing decisions. As a result, attempts to improve the quality of offerings on the Pier can suffer. 9. Existing tenants are forced to compete through a request- for - proposals process when their leases expire, even if the quality of their offerings is deemed appropriate and beneficial to the Pier. 20 v10 -14 -11 Draft HIED-EDD Responsibilities that fall within EDD's purview involve four primary categories: leasing and lease administration; property management; Pier Fund administration; and contract administration. • Leasing roles include administration of recruitment, selection, and lease negotiation; monitoring of tenant and City compliance with the terms and conditions of approved leases; lease enforcement; responding to tenant and visitor inquiries and requests related to Pier leases and property management matters; billing and collection of rents and other revenues. • Property management role includes monitoring and coordination with tenants and City departments including Pier Maintenance, Custodial Services, Civil Engineering and the PRC on day -to -day maintenance, preventative maintenance, and Capital Improvement Programs. • Pier Fund administration includes revenue and expenditure management including Capital Improvement requests. • Contract administration includes the carousel operator contract and the PRC Services Agreement. EDD's role specific to the PRC include assisting the PRC staff and Board with facilitating their work, providing technical assistance to the Board, preparing and submitting reports, Request for Proposals and leases to the Board; responding to Board and staff requests for information and direction, and forwarding Board's actions to Council. EDD staff's workload includes other business districts and programs in addition to the Pier responsibilities. EDD does not have full -time staff positions dedicated solely to the Pier and accordingly only charges a portion of staff time to the Pier Fund: the Economic Development Manager charges 20 percent of salary time, a part -time Sr. Development Analyst charges 80 percent of salary time, and a Staff Assistant charges 10 percent salary time to the Pier Fund. In total, EDD staff charges the Pier Fund with 37 hours of staff time per week. Pier - related responsibilities are also assigned to additional EDD staff that do not charge their time to the Pier Fund: Sr. Administrative Analyst handles vending cart and leasing issues; an Executive Assistant is responsible for billing and collecting tenant rents and other accounts receivable and an Administrative Services Officer prepares budgets, and monitors income, expense and capital improvement accounts for the Pier. Stakeholders expressed concerns regarding the ability of the City's traditional procurement process to secure desirable tenants, as well as the City's experience with the latest innovations and best practices in leasing as described in the "Commercial Leasing" section above. 22 v10 -14 -11 Draft Pier Maintenance The Pier Maintenance staff is located on -site at the Pier Maintenance Shop situated adjacent to the Police Sub Station. The Pier Maintenance crew is comprised of one Pier Maintenance Supervisor, one Carpenter, two Pier Maintenance Workers, and one half -time Painter for a total of 4.5 employees. Pier Maintenance staff works a 9/80 schedule (6am to 3:30pm) and alternate Fridays (6am to 2:30pm). Pier Maintenance is supported by the Facilities Management division which provides additional assistance to Pier Maintenance. Pier Maintenance and Facilities Management utilize a web -based system for maintenance related work orders. Users can submit new work orders, add to existing work orders, close work orders, or track the status of work order requests. More than 200 work orders per year are issued primarily for electrical (lighting / power) and plumbing (restroom / sewer line maintenance) plus HVAC, paint, carpentry, project management of facility repairs and upgrades, as needed. Pier Maintenance is responsible for the following services: s Maintenance of over 413,050 square feet of wood and asphalt decking; • Maintenance of the historic Carousel building and Santa Monica Pier sign; • Daily inspection and management of the Pier infrastructure, including plumbing, electrical; and fire safety systems; • Management of various third party maintenance contractors (deck board maintenance, painting, graffiti removal, fencing, pigeon removal, pier signage, electrical, pump / plumbing (fish cleaning stations), compactor, pest management, flooring, generator service, Wurlitzer organ, signage, roofing, locksmith, etc.); • Logistical and technical support to annual special events and movie and commercial film productions (including Facilities Management staff if the PRC requires electrical or other assistance / setup) and do not charge the PRC or event producer for staff time. The PRC compensates Pier Maintenance for the repair of property damage resulting from film shoots or special events. The PRC requires film shoots and special event producers to post a refundable security deposit. The current pier maintenance staff is highly experienced and knowledgeable regarding the specialized maintenance needs of the Pier. The Public Works Department should have a succession plan in place to develop existing staff with the required knowledge, skills, and abilities to replace those who retire, and update its manuals so that standard operation procedures are available to existing and new staff. 24 v10 -14 -11 Draft Public Work's Engineering Division is responsible for the implementation of Pier capital Civil improvement construction projects. Exhibits 1. and 2. describe the capital improvement Engineering project expenditures from FY 2000 through 2011 and future capital projects that the City has planned forthe Pier through 2015/16. The Santa Monica Police Department (SMPD) and its Harbor Unit take primary Public Safety responsibility for the public safety on the Pier. The Harbor Unit provides 24 -hour support to the Pier and adjacent beach and coastal areas in Santa Monica. The unit provides public safety services including water rescue, first responder functions and security. The unit operates from the Harbor Patrol Office located on the 2 "d level at the west end of the Pier. The unit patrols on foot, drives a marked police truck and a marked police boat (Monica 1), and will ride bicycles at times. The Harbor Service Officers (HSO) role is not to take enforcement action, but to observe and report. The HSOs are overseen by a Police Sergeant who also oversees other police functions. There are currently six full -time HSOs and the hiring of a seventh is in process. In addition to full -time staff, there are eight as- needed HSOs. These positions are seasonal and supplement base -line normal deployment. The Harbor Office is staffed by two HSOs during the hours of 8amand 4am and one HSO between 4am and 8am. The HSO's patrol the beach and parking lots twice a day, once in the morning and once in the evening. They are responsible for locking and then unlocking the gates at a number of beach lots both north and south of the Pier. The Harbor Unit maintains a scuba dive team that monitors and maintains 21 buoys which border the breakwater and keep boaters away from the Pier. These duties require HSOs to dive to inspect the buoys lines and anchors, and set in replacement buoys as needed. While the dive team does not perform detailed inspections of the Pier's underwater substructure and piles, divers do check for obvious structural issues and any anomalies on the piles. An HSO is required throughout the duration of an approved event or filming. Additional support from SMPD, as well as the Fire Department, may be required as determined by the City Permit Office. Hourly fees for safety personnel are paid directly to the City by the event producer or film company and are not reflected in Pier Fund revenues. A summary of HSO Duties include: • Patrol Pier, beaches, and beach lots 26 v10 -14 -11 Draft Others Division that Support the Pier The 277 parking spaces on the Pier's deck are managed by the City's Parking Office, a Parking division of the Finance Department. The Parking Office oversees a parking contractor who Division operates this parking facility, as well as all other municipal parking facilities in the City. The Parking Office manages the City's parking resources as a single, coordinated unit. The Parking Office has five staff positions and oversees a third -party contract parking operator that supplies labor and management for the day -to -day operation of the Pier parking lot. The Parking Office coordinates with the parking contractor, the PRC and special event producers for the rental of the pier parking lot for events and filming. For FY 2010/11, parking on the Pier Deck generated approximately $1 million to the Pier Fund, which was charged $347,387 for the parking operator and a portion of the Parking Division's staff salaries and office expenses. Parking rates on the Pier Deck are set by Council. A stakeholder concern is that management of the Pier deck parking does not allow for the kind of flexibility requested by some PRC- managed special events. The City Attorney's Office drafts all leases and licenses, pursues legal actions as necessary City for the defense and prosecution of leasehold disputes and advises staff and Council on all Attorney legal matters involving the Pier. The cost for City Attorney's Office services are not directly charged to the Pier Fund, but are included as part of the Indirect Cost Allocation. A stakeholder observation is that additional use of private attorneys and firms specializing in commercial real estate may be needed. 28 v10 -14 -11 Draft • Coordinates all marketing, advertising and collateral efforts, • Prepares weekly 'On Deck' newsletter hand delivered to Pier Tenants informing them of upcoming events and promotions. Administrative Assistant • Answers phones; responds to inquiries from the public; provides clerical services, • Manages street performers, • Prepares weekly vending cart rotation. Weekend Activities Coordinator (Part -Time) • Weekend street performer monitoring, • Answers phones on weekends, • Site manager for all PRC produced events (TDS, Drive -in movies, etc) and supervises Chrysalis crew on day of events, • Oversees weekend carousel birthday party set up and clean up. Contractual Arrangements: The PRC currently has contractual agreements relating to the Executive Director vacancy and Twilight Dance Series (TDS) event production and sponsorship. • Urban Place Consulting Group is under contract to provide interim executive director services during transition. • DHR International is under contract to.provide executive search services for the Executive Director position (recruitment for this position has been put on hold pending the outcome of the governance assessment). • Rum & Humble, Inc. provides producer, talent buyer, talent manager, stage manager and production manager for TDS concerts. Tasks not within the scope of work of consultant are provided by PRC staff. • A consultant has been retained to provide assistance with securing sponsorship for TDS under a commission based sales /sponsorship contract. PRC Core Activities: PRC staff is responsible for all the day -to -day activities that occur on the Pier. These include: Carousel Parties: The City has an operating agreement with Roth Management to operate and maintain the Carousel. As a result of the 2010 Services Agreement Amendment, the PRC was assigned responsibility for managing private and semi- private events within the Carousel building. City Council sets rates for rental of the Carousel. During FY 2010/11, the Carousel hosted 150 children's birthday parties, 21 private parties, one semi - private party and eleven film shoots. PRC staff has recognized opportunities to increase the number of events by marketing the venue to hotels in the area. Rental income totaled $87,552, of which half was retained by 30 v10 -14 -11 Draft of his time to planning while other staff devote from 30 percent to 60 percent of their time. During the summer, the Executive Director spends 70 percent and the Deputy Executive Director spends 100 percent of their time on TDS matters and all PRC staff are dedicated to TDS on the day of each concert. The total cost to produce the 2011TDS season was $264,783. This cost includes reimbursement to the City of about $38,220 for related to public safety and fire personnel (Exhibit 8 -B. Twilight 2011 Series Actual Performa). While TDS is an event that celebrates summer in Santa Monica on the Santa Monica Pier, stakeholders have questioned why the PRC is tasked with responsibility for fundraising and production for what is now a significant local and regional event. Other stakeholders have questioned whether the event, which was created as a way to reacquaint residents with the Pier, is still necessary, particularly as the Pier now receives over six million visitors annually. Some stakeholders have suggested that TDS might be considered as a broader community event with its own stakeholder group that takes principal responsibility for fundraising and production. Others have suggested that if the primary objective of TDS is to bring visitors to the Pier, it should be scheduled at a time when the Pier is not already flush with visitors. • Tenant Relations: PRC staff attends monthly Santa Monica Lessee's Association (SMPLA) meetings and provides a report about upcoming events and issues on the Pier. PRC staff is available to discuss issues brought up by tenants. Tenants also receive a weekly newsletter prepared by the PRC informing them of upcoming film shoots and events. Informal interactions with tenants can occur daily. The previous Executive Director spent considerable time walking the Pier and interacting with the tenants, however currently without a full time Executive Director, staff time is limited and interactions with tenants are less frequent. City Division Coordination: PRC staff interacts with City Departments and Divisions especially with Pier Maintenance, which is located on site at the Pier, and both PRC and City staff report good relations. Stakeholder concerns regarding the PRC's core responsibilities include concerns over whether the Executive Director salary is sufficient to find a candidate who possesses the necessary capacity and experience with marketing, board stewardship, operations, fundraising, and long -term visioning. Other stakeholders expressed concerns regarding a top -heavy organization where the Executive Director has historically handled most matters and the supporting staff has little exposure to the organization's full range of needs. Some stakeholders noted that other Santa Monica non - profits, such as the Convention and Visitors Bureau and Downtown Santa Monica, Inc., provide similar functions with greater expertise and sophistication. 32 v10 -14 -11 Draft Pier Fund expenditures are divided among the following three units: Economic Pier Fund Development, Harbor Unit, and Maintenance. Charges to the Pier Fund for each unit Expenses are broken down into "Salaries and Wages' including benefits, and "Supplies and Expenses'. Under "Supplies and Expenses" the Pier Fund is charged for utilities, general liability, and its proportional share of overhead including indirect cost allocation and depreciation. Exhibit 10. provides the detail on each Divisions' expenditures. Total charges to the Pier Fund for 2010/11 was $5,161,610 and represents nearly no change from the previous two fiscal years. Economic Development in 2010/11 charged $2,128,417 to the Pier Fund. Salaries and wages of $173,363 accounted for nine percent of its expenditures. The remaining 91 percent was spent on Supplies and Expenses, primary funding for contractual services, such as the grant to the PRC in the amount of $494,900, the operation of the Carousel in the amount of $190,588, the operation of the Pier Deck parking lot in the amount of $347,387, and Police Pier Patrol in the amount of $240,010. The Harbor Unit in 2010/11 charged $1,222,342 to the Pier Fund, with $1,048,171 or 86 percent of expenses related to salaries and wages and the remainder for supplies and expenses. The Pier Maintenance Unit in 2010/11 charged $1,810,851 to the Pier Fund. Salaries and wages of $592,532 accounted for 33 percent and the remainder was spent on supplies and expenses, almost half related to contractual services with private companies to provide custodial services, deck board repair, and nail patrol services. The expenditure budget includes two line items whose application of charges changes Indirect the balance of the fund: "Depreciation" and "Indirect Costs ". Costs and Depreciation Indirect costs are those costs incurred in the general support and management of the Accounting Pier and include functions such as accounting, payroll, City Attorney, Human Resources, City Manager, City Council, and other City administrative functions. The charge is based on a formula to determine the Pier's share of indirect costs. As noted earlier, many City staff with responsibilities relating to the Pier do not charge their time to the Pier Fund. The Indirect Cost seeks to recover a portion of these costs. Depreciation is a non -cash expense that reflects the reduction of the value of the Pier asset as a result of wear, age, and obsolescence. In 2010/11 the Pier Fund was charged $390,000 in Depreciation and $375,148 for Indirect Costs. The Pier operating deficit and general fund subsidy to the Pier for 2010/11 was $360,419. Stakeholders have questioned the application of Depreciation and Indirect Cost allocations to the Pier Fund and reasoned that if they were eliminated or reapportioned to other City accounts, the Pier Fund could be seen as self- supporting and generating an operating surplus. Nevertheless the application of Depreciation and In Direct Cost allocation falls within conventional operating and accounting procedures of the City -wide budgeting process. 34 v10 -14 -11 Draft As an ongoing operating shortfall is projected, there are opportunities to reduce and Revenue potentially eliminate operating subsidies for the Pier while improving the Pier's Enhancement offerings to the public. Potential revenue enhancement opportunities include: Opportunities • Tenant Rents: Exhibit 3. lists the existing tenants, with the expiration dates for their leases. Pier Leasing Guidelines require that the City advertise for tenants at the expiration of the lease term, rather than offer extensions. Lease revenue can increase upon execution of a new lease. In addition, lease rates and vendor rates increase by the annual Consumer Price Adjustments and other contractual increases, which will result in additional rent and common area maintenance fees over the next two to five years. Piazza Al Mare Restaurante at 250 Santa Monica Pier is anticipated to open by Summer 2012. Pier Burger is expected to open at 330 Santa Monica Pier (current site of the Surfview Cafe) in 2011. An undeveloped site currently housing the Trapeze School NY can be made available as a permanent tenant opportunity. The City has issued a Request for Proposals for 256 Santa Monica Pier (Rusty's Surf Ranch site). All short -term vending cart and vending stand licenses will expire in 2012 and present an opportunity for lease rates to be brought more in line with market rates. However, it is difficult to predict what the range of increase will be due to economic conditions and the uncertainty regarding new uses. • Pier Police Substation: Relocation of the Pier substation from its high visibility location on the Pier would allow the space to be leased to a commercial tenant at market rate, or conversion of the northern portion of the substation adjacent to the Municipal Pier to commercial use would generate funding and animate an otherwise inactive facade. • Master Planning: A possible outcome of the upcoming Pier master planning process could be the use of some or all of the parking deck and adjacent areas for commercial uses. The Pier Master Plan could provide the framework for the further development of the Pier by identifying new development opportunities, replacing parking, key policy issues, and budget and revenue estimates. • Pier Parking: An increase in rates for Pier Deck visitor parking and annual permit parking could provide additional revenue to the Pier Fund. Parking rate increases of less than 25% are exempt from Coastal Commission Development permits. • Gangway: Limited commercial boating operations may be possible with the installation of the emergency gangway, now in the design stage. Stakeholders have questioned whether a reallocation of expenses between the Beach and Pier Funds could improve the Pier Fund's fiscal position, particularly with respect to the Beach Fund's reimbursement to the Pier Fund for Harbor Patrol services. The Harbor Unit currently charges the Pier Fund approximately $1.1 million annually, with the Pier Fund reimbursed $114,000 annually from the Beach Fund, amounting to about 10 percent of the Harbor Unit's budget. 36 v10 -14 -11 Draft The Pier Fund could reduce major expenditures as part of a budgetary reduction plan; Reductions however, decreasing any of the following major expenditures would result in service of level reductions and may also result in a decline in revenue to the Pier Fund. The Expenditures following major expenditures include: to the Pier • Carousel Operations: The City spends $190,588 for Carousel operations five Fund days per week (six days per week during summer). Cost reduction could entail reducing the number of hours or days that the Carousel is open to the public and increasing the availability of the carousel for private rentals. • Parking Operations: The City spends $347,387 operating the Pier deck parking lot seven days per week from 7:30 AM to Midnight (Friday and Saturday during the summer until 1 AM). Cost reduction could entail reducing the hours that the parking booth is staffed or reducing staff requirements by implementing an automated parking payment program. • PRC: The City grants $494,900 annually to the PRC, which represents about half of the PRC's total budget. Cost reductions could entail reducing PRC responsibilities to be commensurate with the City's reduction in grant funding. • Security: The City spends $1,222,342 to provide 24 -hour, 7 -day per week Harbor Guard patrols on the Pier and adjacent beach and an additional $240,010 for supplemental SMPD patrols. Cost reduction could entail reducing number of staff or staffed hours and /or the City could investigate contract services with the County Lifeguards. • Pier Maintenance: The City spends $1,810,851 for Pier maintenance, supplies, and custodial and maintenance contracts. Cost reduction could entail reducing custodial service levels, and limiting or deferring maintenance contracts. 38 v10 -14 -11 Draft Over the last five years the PRC's annual budget has averaged approximately $1 million to PRC fund its operations. Exhibits 11. and 12. include the PRC balance sheet for June 30, 2011 and Operational detailed revenues and expenditures for FY 2010/11. For FY 2010/11 the PRC had a net Revenues operating income of $139,812 and Costs In addition to the City funding, other income is earned from private sources. • Sponsorship, Promotions, and Licensing Revenues: The City permits the PRC to develop and manage sponsorships, promotions and licensing activities to generate additional revenue, including corporate sponsorships to support PRC events and programing. To date, the PRC spends more resources defending the Pier trademark than they generate in licensing it. In FY 2010/11 the PRC earned $297,000 from sponsorship and promotions. • Events and Filming: The City permits the PRC to manage and collect revenue for special events and filming on the Pier Deck. The PRC sets the rates and retains the event fees. In addition, the PRC collects and transmits to the City a special event application fee of $50 to $200, parking deck fees (three times the daily rate -- approximately $3,500 for half -lot) and any other fees for city services. In FY 2010/11 the PRC earned $170,000 from special events and film shoots. The PRC policy has been to limit special event programming on the parking deck to 'off season' or 'shoulder seasons' with the exception of TDS which occurs during the Pier's peak season. • Donations: The PRC can implement special donation campaigns from individuals or community groups, including the 2010 campaign for TDS. • Sale of Merchandise: The PRC offers Santa Monica Pier commemorative products including books, apparel, and glassware. In FY 2010/11 the PRC earned $4,897 from product sales through its website and at TDS. Budget expenditures are primarily comprised of salaries, benefits and general administration which represents 62 percent of the PRC's expenses Production costs for PRC produced community events, primarily the Twilight Dance Series, account for 29 percent of budgetary expenditures. Other expenses include costs related to Carousel booking services, and costs associated with the coordination of private events. 40 v10 -14 -11 Draft 2010 -2011 PRC REVENUES City Grant $494,900 Merchandise, 100th Anniversary, Interest Income $11,878 Filming $73,429 Promotion $141,100 TDS $172,603 Paddleboard Contest $24,780 Carousel Rental $107,661 Private Events on Pier Deck $95,667 Total PRC Revenues $1,122,018 PRC EXPENSES Salaries and Wages $397,884 General Expenses $207,110 TDS $247,443 Carousel (includes payment to City) $65,241 Paddleboard Contest $27,541 Private Events on Pier /Parking Deck $28,956 Movie -Drive In $8,030 Total PRC Expenses $982,205 PRC SURPLUS /(DEFICIT) $139,813 CITY PIER FUND and PRC COMBINED SURPLUS /(DEFICIT) ($220,507) 42 v10 -14 -11 Draft Disadvantages • As Pier - related responsibilities are spread among several divisions and of Current departments of the City, it can be difficult for the PRC and other Pier stakeholders Approach to navigate through the City's systems to achieve desired results. The priority of the Pier's and PRC's needs and desires can vary among different City divisions. • There can be confusion within the City as to who has the responsibility and authority to make decisions that affect the Pier. The City's fractured management of the Pier can make it difficult for the public, PRC staff and even City staff to know who has ultimate responsibility for the Pier. • The PRC's decision - making structure of committee review and recommendation, followed by Board review and approval, can be perceived as slow and duplicative. • There are inconsistencies between the Services Agreement and Leasing Guidelines with regards to negotiation of leases in that the Services Agreement states the PRC is not to negotiate leases and licenses, while the Leasing Guidelines provide the PRC with opportunity to do so. These discrepancies create confusion regarding the appropriate roles of the PRC and the City with respect to leasing and licensing. • Routine decisions regarding Pier management and leasing issues can be politicized. • The PRC committee structure has a tendency to lead the body to micro - manage maintenance and operations of the City staff. • The City's delegation of responsibility to the PRC can mask clear accountability for the Pier, a major public asset. • The PRC staff has authority over contracts, purchases and personnel decisions that do not require PRC board approval, let alone City Council approval. • Location fees charged by the PRC for filming, promotions, special events are not approved by the Board or Council and may warrant upward adjustment following a survey of comparable venues. Only Carousel room rental fees are set by Council. • While the PRC's system for procuring products and services allows it be nimble, the system may not comply with best practices associated with public assets. • The City's oversight of PRC activities is limited to City Council's annual approval of the PRC budget and work plan. • While individual Board members are able to independently seek out information, there have been instances where City and PRC staff have felt that individual Board members have attempted to exert inappropriate interference with staff responsibilities. • The PRC's need to raise revenue through sponsorships and events to support its operations causes some tenants to believe that the PRC prioritizes revenue - generating events over tenants' needs. 44 v10 -14 -11 Draft Alternative Management Scenarios The five municipal public piers and the other public venues surveyed in the "Managing Our Public Spaces" suggest alternate models for governance that could inform management decisions for the Santa Monica Pier. Scenario 1: City Manages All Pier Operations In scenario 1, the City would dissolve the PRC and bring most or all services 'in- house'. Key elements of this approach include: Consolidation of Pier management: Rather than dispersing management and operational duties and decision - making among various City departments and the PRC, the City could designate one entity within the City to take responsibility for overall stewardship of the Pier. For greatest success, that entity would need to be located at the Pier to perform day -to -day activities of managing the Pier (coordinate special events, filming, street performer monitoring, communicating with tenants) and be responsible for coordinating with other City departments whose activities affect Pier operations (construction, maintenance, custodial services, parking operations, special events, permitting, leasing). District -wide management of the Pier and Beach: The City entity with chief responsibility for the Pier would need to work closely with, or be part of, the City's beach management responsibilities. To enhance public participation, the City could appoint an advisory commission to review and make recommendations to the Council on Pier or Beach issues or the City could task an existing commission with these responsibilities. Leasing based on best practices: To ensure that tenant issues, including leasing, are administered in a professional manner that limits the need for Council intervention, leases consistent with Council- approved guidelines could be authorized and executed by the City Manager, as is the case with Airport leasing. Only leases that did not conform to the Guidelines would require Council approval. As in other governance scenarios, changes to the leasing process should be considered so that the City can pay broker commissions or retain leasing consultants, the advertising and marketing process can be streamlined, and leases can be negotiated based on up -to -date practices and policies. While the up -front costs for leasing may be increased, the benefits to the Pier are expected to outweigh the additional costs. Special event management: The City could assume responsibility for production of Pier community events such as the Twilight Dance Series. Expertise for production of community events exists within the City's Community and Cultural Services Department (CCS) that currently produces large and small - scale public events with in -house staff or with contract producers including Glow, Santa Monica Festival, and Jazz on the Lawn concert series. Other divisions within CCS provide venue management and regularly provide special event services at public facilities. Additional staff and appropriate funding to retain event producers would be necessary. Sponsorship: Responsibility for securing sponsorships for major community events, such as the Twilight Dance Series, consumes a significant amount of time of PRC staff 46 v10 -14 -11 Draft management of the Pier to ensure that the new entity properly balances competing pressures to generate revenue through private events, to produce community events, to cooperate with other non -Pier community initiatives and to be attentive to the interests of Pier tenants. The City would need to audit the non - profit's activities frequently to ensure that transparency and accountability are maintained and public objectives are satisfied. • Delegation of authority within the City: The City Manager would need to delegate responsibility for stewardship of the Pier to one entity within the City who would be responsible for overseeing the services agreement and coordinating between the non - profit and all City departments, including Public Works for capital project implementation. Leasing: In addition to communicating with tenants about events and conditions on the Pier, the non - profit's staff and consultants would be responsible for tenant relations, including enforcement of lease requirements, proper adjustments of rent and CAM charges, imposition of late and returned check fees, collection of monies and conformance with other lease provisions. Tenant recruitment, lease management, as well as lease negotiations, would likely require the non - profit to acquire additional staff and consultant expertise. Fiscal impact: If the non - profit were to take over existing City responsibilities, the non - profit would require funding for these additional responsibilities above that currently provided to the PRC. This could be achieved by transferring the amount the City currently budgets for the services, while retaining enough revenue to offset the costs for oversight and coordination of the services agreement with the non - profit. Costs for the non - profit to provide these services could be lower than the City's costs if the non - profit's employees did not receive the full -range of benefits that City employees receive. Given that the City's costs to operate the Pier are closer to $5,000,000 annually, it is questionable whether the funds available to be transferred to the non - profit entity would be sufficient to fully manage the Pier. Another approach would be to authorize the non - profit to receive a share of revenues generated on the Pier. Payment could be structured whereby the City retains all Pier rental revenues based on a certain benchmark year and the non- profit receives a percentage of all revenue increases. Scenario 3: Non - profit Entity Focused on Marketing, Events and Fundraising Under Scenario 3, a non - profit entity would focus its efforts solely on marketing, street performer management, promotions, and special events. The non - profit entity's responsibilities could encompass the Pier and the Beach. The PRC could serve this function, a new entity could be created, or an existing entity, such as Downtown Santa Monica, Inc. or the Santa Monica Convention and Visitors Bureau, could assume these responsibilities and the associated budget. The board, commussuib or a limited -term task force could be responsible for advising the Council on key issues facing the Pier and Beach 48 v10 -14 -11 Draft grant to the PRC, as PRC would no longer need staff for production of community events, which now consumes a significant amount of PRC staff time prior to the summer and throughout the duration of the event. The entity would retain location fees from filming, special events and promotions as it would continue to retain responsibility for its core responsibilities (marketing, street performer management, coordination of special events, and coordination of filming). Concerns about leasing, maintenance and parking that would have an effect on this new entity's ability to market and promote the Pier and the special events would be coordinated by the City's designated delegate. The City would designate an entity to produce and find sponsors for community events such as the Twilight Dance Series. Scenario 4: Master Ground Lease with Private Entity Under Scenario 4, the City would engage the expertise and capital of the private sector and enter into a long -term ground lease with a Master Lessee who would be responsible for most Pier operations and for commercial development of the Pier under a Development Agreement /Master Lease Agreement. The City would relinquish control over certain aspects of the Pier as the Master Lessee would be responsible for functions ranging from marketing to maintenance, to production of community events, to security and possibly capital improvements. The Master Lessee could be assigned responsibility for managing existing leaseholds or acquire leaseholds of tenants it views as underperforming and reposition them to maximize revenues. Key elements of this approach include: • Community objectives: An agreement with a master lessor would need to balance commercial interests, including acceptable levels of special events, with the need to ensure and protect the public's interests in the Pier regarding public access, community events, tenant mix, and other community activities. Completion of master planning efforts: A master lease for the Pier would be more competitive if some of the unknowns about the future of the Pier's operation were resolved. As an example, a Pier Master Plan could provide for removal of Pier deck parking, which could open the way for new commercial opportunities. Coastal Commission approval of the long -term Master Plan would provide assurance about potential leasing opportunities. Privatization of public sectorjobs. A variety of City jobs may need to be eliminated in favor of services to be provided by the Master Lessee. The Pier within the District: Ground - leasing the Pier to a private entity could set up conflicts between the private and public sectors. Under a master lease, the Pier would operate as a distinct venue that would need to coordinate with events and activities occurring on the beach and in the downtown area. Negotiations would need to preserve the City's right to manage adjacent properties for the community good without restrictions as to impact on the Pier's revenue generation. Fiscal impact: Master ground leases are often negotiated based on a percentage of revenue to be generated through the investment, providing benchmarks for 50 v10 -14 -11 Draft 52 Chart 1. Comparative Pier Management Models 3 acre historic wooden pier -.. 2,745 foot historic wooden 70,000 sf (1,550-foot-long) Pier was The Wharf was purchased by the 2 level center featuring over 124. 9 acre historic wooden pier -built in dates back to 1872. Features. pier -built 1913. Features originally built in 1889. In 1995, City of Monterey in 1916 and has tenants - retail shops, restaurants,_ - 1909. 2,000 foot long. Features restaurants, retail, fishing, restaurants, retail, outdoor following a fire the horseshoe shaped since been reconstructed several arcade, street performances, marine amusement park, arcade, boating and marine education fresh fish markets, fishing, . r pier was repaired and reopened. 50 l times. Offers restaurants, fish -' center, aquarium, live theater, restaurants, retail, aquarium, facility. Approx 2 million visitors- boating, and kayaking: Approx - dining, entertainment, retail and markets, art and gift shops, fishing, - amusement rides, cruises. 200,000 sf trapeze school, street performers. per year. 3 million visitors per year. '. bait /tackle merchants. ` boating, and theater. 35 gross leasable areas. Approx 105 129,111 sf of leased /licensed area. '. concessions and 24 separate leases.:. million visitors per year. Approx 6 million Visitors per year. oter.:i City Council with typical delegation - Pier 39 Management Co. LP < City Manager with authorization to Mayor and /or City Manager. from the PRC tthe Joe v1D -14 -11 Draft City City— City Tenants are responsible for Pier 39 Management Co. LP City - structure underneath them down to - the tidelands, City is responsible for structure and supports in public Fight of way /common areas Fund General Fund triterprise Funtl benerai funs 54 v10 -14-11 Draft Parking Fund Private Enterprise Fund 56 v10 -14 -11 Draft City. manages Carousel City .(contracted) Nonprofit could manage both City manages Carousel operator and Master Lessee operator and ticket revenues. Carousel operations and special event ticket revenues. Non Profit or PRC manages. Carousel parties ' bookings. contractor manages Carousel parties. and special events and and special events and receives a '.:receives a commission. commission. -ury stair, rmance varrcing -ury t (Operations Div Landscape Div r Master Lessee .profit could manage maintenance uty... Master Lessee repairs 58 v1D -14 -11 Draft Exhibit 1. I 7+ I •,p � � +� EXPENDITURES BY YEAR FY 2000/1 to 201 TOTAL CIP EXPENDITURES 2000 -2011 12,364,246.76 rtl� Account Description Expenditure C30055799 NEW CITY ACCOUNTING SYS SOFTWR 1,708.00 C30055799 C30000301 COMPUTER EQUIP REPLACE PROG 8,892.00 COMPUTER EQUIP REPLACE FROG C30071501 PARKING REVENUE EQUIPMENT 32,554.00 86,135.00 C30016701 FLEETVEHICLE REPLACEMENT FROG 224,628.00 C30093001 C30008598 CITY FACILITY MAINTENANCE 9,919.00 BREAKWATER ENVIOR ANALYSIS C30008599 CITY FACILITY MAINTENANCE 35,612.97 40.08 C30093001 PIER BLDG & SIGNAGE UPGRADES 7,187.40 C30093498 030093296 BREAKWATER ENVIOR ANALYSIS 20,700.47 PIER CAROUSEL BUILDING C30093498 PIER CNTRL RESTROOM REPLACEMEN 761.54 59.83 C30008192 total 341,963.38 C30008198 rr� ►: Account Description Expenditure C30055702 STARS SOFTWARE IMPLEMENTATION 3,382.00 C30055799 NEW CITY ACCOUNTING SYS SOFTWR 4,767.00 C30000302 COMPUTER EQUIP REPLACE FROG 8,892.00 C30016702 FLEETVEHICLE REPLACEMENT FROG 86,135.00 C30008599 CITY FACILITY MAINTENANCE 106,637.24 C30093001 PIER BLDG & SIGNAGE UPGRADES 25,440.40 030093296 BREAKWATER ENVIOR ANALYSIS 18,094.96 C30093299 BREAKWATER ENVIOR ANALYSIS 40.08 C30093399 PIER EMERGENCY GENERATORS 10,294.00 C30093498 PIER CNTRL RESTROOM REPLACEMEN 567.63 C30093902 PIER CAROUSEL BUILDING 49,957.38 C30008101 PERCENT FOR ARTS 59.83 C30008192 PERCENT FOR ARTS 2,592.00 C30008198 PERCENT FOR ARTS 4,937.82 total 321,797.34 Exhibit 1. Account Description Expenditure 1530000306 COMPUTER EQUIP REPLACE PROG 9,000.00 IS300006OG TELECOMMUNICATIONS SERVICES 9,920.00 IS300167 FLEETVEHICLE REPLACEMENT PROD 35,831.00 0300934 PIER RESTROOM /MULTIUSE FACILIT 789.60 M300645 PIER STRUCTURAL REHAB /REPAIR 1,382,794.39 C300655 BIG PIER BRIDGE IMPROVEMENTS 42,181.93 C300081 PERCENT FOR ARTS 5,410.34 1,485,927.26 2006/07 Account Description Expenditure 1530000307 COMPUTER EQUIP REPLACE PROG 6,400.00 IS30000607 TELECOMMUNICATIONS SERVICES 9,920.00 IS300167 FLEETVEHICLE REPLACEMENT PROG 35,690.00 C300426 1600 OCEANFRONT AVE(HEAL BAY) 281,089.62 C300934 - PIER RESTROOM /MULTIUSE FACILIT 56,221.51 C300375 250 SANTA MONICA PIER 8,654.01 M300645 PIER STRUCTURAL REHAB /REPAIR 2,658,316.88 C300655 BIG PIER BRIDGE IMPROVEMENTS 9,981.84 3,066,273.86 2007/08 Account Description Expenditure IS30000308 COMPUTER EQUIP REPLACE PROG 6,400.00 IS30000608 TELECOMMUNICATIONS SERVICES 9,920.00 IS300167 FLEET VEHICLE REPLACEMENT PROG 35,690.00 C300934 PIER RESTROOM /MULTIUSE FACILIT 191,056.02 M300645 PIER STRUCTURAL REHAB /REPAIR 175,401.74 P300645 PIER INFRASTRUCTURE ASSESSMENT 273,351.30 C300655 BIG PIER BRIDGE IMPROVEMENTS 16,296.07 708,115.13 2008/09 Account Description Expenditure 1530000309 COMPUTER EQUIP REPLACE PROG 6,400.00 IS30000609 TELECOMMUNICATIONS SERVICES 9,920.00 M304012 WURLITZER ORGAN REFURBISHMENT 22,164.00 M304013 CAROUSEL DOME REPAIR 2,627.57 C300934 PIER RESTROOM /MULTIUSE FACILIT 2,315,684.56 M300645 PIER STRUCTURAL REHAB /REPAIR 74,456.20 Exhibit 2. PLANNED CAPITAL IMPROVEMENTS PROJECTS FY 20011/12 to 2015/16 City staff has submitted the following capital projects for the Santa Monica Pier over the next five years Project FY 11 -12 FY 12 -13 FY 13 -14 FY 14 -15 FY 15 -16 Total Phase IV $674,200 $674,200 Carousel Floor and Substructure $841,000 $841,000 Pier Stairs and Ramp $260,000 $260,000 Newcomb Deck $3,147,054 $3,338,709 $2,512,955 $8,998,718 Pier Master Plan $200,000 $250,000 $450,000 Lighting Upgrades $290,000 $274,000 $227,715 $791,715 Pier Furniture $184,700 $184,700 Total $934,200 $4,188,054 $540,000 $3,797,409 $2,740,670 $12,200,333 Exhibit 4. Type of Rental Number of Events Children's Birthday Parties 150 Private 21 Semi - Private 1 Filming 11 Total 183 Exhibit 6. MOM Type of Shoot Number of Shoots Commercial Filming 33 Stills 30 Man on the Street interviews 8 Non Profit 4 Student Film 2 Personal Use /Portfolio 2 Industrial Video 1 Total 80 Exhibit 8 -A. PRC Responsibilities For Twilight Dance Series (TDS): The PRC contracts with Rum & Humble, Inc. to produce the event as talent buyer, talent manager, stage manager and production manager. Tasks not within the scope of work of consultant are provided by PRC staff. PRC retains a consultant to provide assistance with securing TDS sponsorship under a commissioned based sales /sponsorship contract. PRC contracts with Chrysalis for'day of event' labor and also utilizes a small number of volunteers. All PRC staff pitches in to assist with TDS. PRC employees and TDS related responsibilities: Staff Name TDS Responsibilities Other Events FY 2010/11 Executive Oversees management contracts and fundraising efforts for TDS. 10 Twilight Dance Series Director Coordinates with PRC Board and TDS Subcommittee. Concerts TDS Workload %: From January to the first concert Executive Director spends 40% to 50% of time on TDS. During the series Executive Director spends 70% on TDS. Deputy Manages all special events including PRC produced events such PRC Produced Events: Director as TDS, privately produced events, and carousel event rentals; In addition to 10 TDS Concerts, coordinates with City's Events Team. In general approximately 4 Drive -In Movies, 1 80% of time is spent on special event coordination and Carousel Paddleboard Race rentals. Private Events: TDS Workload %: 15 private events From January to the first concert Deputy Director spends 30% of time on TDS. During the series Deputy Director spends 100% on Carousel Rentals: TDS. - 150 Children's birthday parties, 21 private parties, 11 filming Operations Manages all filming on the Pier. 75% of time is spent on Filming 80 commercial filming and still Manager and Photography. photography shoots TDS Workload %: From January to the first concert Operations Manager spends 30% of time on TDS. During the Series Operations Manager spends 30% on TDS. TDS Workload %: 14 promotions /sampling From January to the first concert Marketing Manager spends events Marketing 60% of time on TDS. During the series the Marketing Manager Manager spends 100% on TDS TDS Workload %: Administrative From January to the first concert Administrative Assistant Assistant spends 30% of time on TDS. During the series the Administrative Assistant spends 50 %- 60% on TDS. Weekend TDS Workload: Activities Day of the Event 100 %. Supervises Chrysalis workers. Coordinator Exhibit 9. REVENUE SUMMARY - PIER FUND - -- 144,639 2008 -09 Prior 2009 -10 Last 2010 -11 This 2011 -12 Next 2012 -13 Account Description Year Actual Year Actual Year Actual Year Budget Estimated Budget Fund 20 Miscellaneous Grants Fund 292,000 296,000 108,013 400820 PIER GRANT -100TH ANNIVERSARY 43,794 41,487 0 0 0 Fund 30 Pier Fund 401830 VENDOR RENT 402010 SM PIER- RENTAL 402020 SM PIER- PARKING LOTS 402030 CAROUSEL OPERATION Carousel Ticketing Carousel Events 402040 SM PIER - OTHER REVENUES 402550 INT DEP / INVESTMENT 40255A UNREALIZED GAIN / LOSS 402558 ACCRUED INVESTMENT INCOME 40255C AMORT /ACCRET 404610 PROMOTIONAL FEES 405170 CAM FEES 408000 INTERFUND SERVICES TOTAL 180,958 144,639 176,156 207,611 211,290 1,693,731 1,861,506 2,730,311 2,528,803 2,621,682 1,049,174 1,222,155 1,149, 239 1,040,000 1,040,000 292,000 296,000 108,013 129,592 170,944 192,276 Harbor Unit 50,684 .....41639* 45,084 973,325 1,014,824 22,080 7,053 1,631,159 0 0 245,704 170,077 122,172 0 0 107,363 8,101 (60,883) 0 0 (37,693) (15,017) (36,548) 0 0 (53,548) (5,040) 47,566 0 0 42,329 42,914 44,078 43,802 45,054 285,015 291,365 299,076 300,303 305,152 150,569 112,408 114,086 150,695 157,702 3,844,380 3,969,853 6,432,450 4,563,214 4,676,880 TOTALALL REVENUES 3,888,174 4,011,340 6,432,450 4,563,214 4,676,880 *$26,185 of 2009 -10 total for Carousel Events was paid in 1st qtr 2011 -12 due to payment oversight from Nov. 09 -April 10 "Vendor Rent" and "SM Pier Rental" represent the rents paid by Pier lessee and licensees "SM Pier Parking Lot" encompasses both general parking fees and special event rental ofthe parking deck "Carousel Operations" includes ticket sales and special event rentals "SM Pier - Other Revenues" accounts for one -time revenues such as the $1.6 million transfer premium associated with the Pacific Park sale reflected in FY 2010 -11 "Promotional Fees and CAM Fees" are additional fees stipulated in certain leases used to offset City's expenditure on common area maintenance and other expenses "Int Dept /Investments' reflect interest paid on investments - primarily unspent capital improvement funds Nmerfund Services" reimburses the Pier fund from the Beach Fund for Harbor Guard patrols performed on the beach and beach parking lots. EXPENDITURE SUMMARY - PIER FUND (As of 8/17/2011) * 01b i1 t seer "eclattort;Eicpengels Esftm ", t d`t(i,fora(,;2Eiix *1.Z and 20i i peprociat ¢unAs,not'irr+rfudeii;irr 1 2008 -09 Prior 2009 -10 Last 2010 -11 This 2011 -12 Next 2012 -13 Description Year Actual Year Actual Year Actual Year Budget Estimated Budget Salaries and Wages EDD 119,912 210,538 173,363 182,705 192,276 Harbor Unit 1,018,739 985,928 1,048,171 973,325 1,014,824 Maintenance 558,824 547,693 592,532 578,683 602,296 All Salaries and Wages 1,697,475 1,744,160 1,814,066 1,734,713 1,809,396 Supplies and Expenses - EDD 2,327,510 2, 055, 250..- , 119'55;i35�'"? -:. "' 'I „1�5{}8�24'2 1,532,928 Harbor Unit 160,976 175,533 174,171 145,442 150,676 Maintenance 907,020 1,144,714 1,218,319 1,365,857 1,407,543 All Supplies and Expenses 3,395,505 3,375,497 3,347,545 3,019,541 3,091,147 Combined Salaries /Wages & Supplies /Expenses EDD 2,491,216 2,307,275 2,128,417 1,690,947 1,725,204 Harbor Unit 1,179,715 1,161,462 1,222,342 1,118,767 1,165,500 Maintenance 1,465,844 1,692,407 1,810,851 1,944,540 2,009,839 I Ali Combined 5,136,775 5,161,144 5,161,610 4,154,254 ; 4,900,543 * 01b i1 t seer "eclattort;Eicpengels Esftm ", t d`t(i,fora(,;2Eiix *1.Z and 20i i peprociat ¢unAs,not'irr+rfudeii;irr 1 EXPENDITURE DETAILS - PIER FUND (As of 8/17/2011) Account Description 2008 -09 Prior Year Actual 2009 -10 Last Year Actual 2010 -11 This Year Actual 2011 -12 Next Year Budget 2012 -13 Estimated Budget HARBOR UNIT INVENTORY ISSUES 878 789 813 979 ** Salaries and Wages CONFERENCES /MEETINGS/TRAVEL 9 28 0 100 511000 PERMANENT EM PLOYEES 397,044 397,484 420,735 580,122 600,125 51100H YEAR -END CASH OUTS 7,829 10,496 9,595 0 0 511010 ESTIMATED PAY RAISE 0 0 0 0 0 511030 DIVE PAY 9,075 8,325 9,075 16,200 16,200 511490 OVERTIME 124,885 79,521 85,706 22,182 22,880 511500 TEMPORARY EMPLOYEES 263,172 262,339 247,868 98,956 101,967 511713 MEDICARE -MISC EMPLOYEES 11,570 11,231 11,532 10,137 10,532 511730 WORKERS'COMP INSURANCE 40,900 45,200 47,200 17,444 17,444 511743 MEDICAL -MISC. EMPL 55,643 59,827 62,555 86,456 96,831 511746 MED TRUST -MISC. EMPL 10,224 10,224 10,224 11,928 11,928 511748 DENTAL 4,660 5,231 5,775 6,955 7,568 511749 VISION 827 832 834 9S9 973 51174E EMPLOYEE HEALTH CONTRIBUTION 0 0 (1,904) (4,322) (4,842) 511773 RETIREMENT -MISC. EMPL 85,527 83,476 125,945 110,477 116,694 511774 RETIREMENT -AS NEEDED 0 0 0 3,710 3,824 511920 UNIFORM /TOOLALLOWANCE 3,630 4,185 6,571 3,600 3,600 51197A UNEMPLOYMENT 0 3,571 2,363 3,214 3,321 511978 PAP 613 627 628 730 742 51197C DCAP 0 0 0 434 434 51197E LIFE INSURANCE & AD & D 281 243 192 770 801 51197F DISABILITY INSURANCE 2,860 3,116 3,277 3,373 3,802 Salaries and Wages 1,018,739 985,928 1,048,171 973,325 1,014,824 ** Supplies and Expenses 522310 OFFICE SUPPLIES /EXPENSE 1,114 978 901 1,000 1,200 522330 INVENTORY ISSUES 878 789 813 979 979 522820 CONFERENCES /MEETINGS/TRAVEL 9 28 0 100 100 522900 MEMBERSHIPS AND DUES 290 0 902 242 242 522910 VEHICLES - FUELS /LUBRICATION 16,288 12,634 11,694 8,680 8,680 522920 VEHICLES - REPAIRS 898 0 0 1,449 1,449 522940 VEHICLES - INSURANCE 1,700 1,900 2,000 0 0 533020 GENERAL LIABILITY /AUTO 35,700 35,400 37,800 2,637 2,724 533030 PROPERTY INSURANCE 0 0 0 1,637 1,719 533040 SPECIAL INSURANCE 0 0 0 860 903 533120 SPECIAL EQUIP MAINT 385 0 526 1,155 1,155 533140 BOAT MAINTENANCE /OPERATION 20,274 20,341 20,517 21,819 21,819 533220 BLDG / STRUCTURE MAINTENANCE 6,288 7,113 8,010 7,609 7,609 533240 PIER MAINTENANCE 12,423 14,569 15,417 16,499 16,499 544010 SPECIAL DEPARTMENT SUPPLIES 8,278 16,550 13,023 11,318 13,112 544030 BADGE /AWARD /NAMEPLATES 0 0 0 100 100 544090 MEDICAL/FIRSTAID SUPPLIES 3,026 1,528 2,311 3,305 3,305 544120 PERIODICALS - 139 144 48 220 220 544170 UNIFORM / PROTECTIVE CLOTHING .3,189 359 215 3,061 3,061 544340 INDIRECT COST ALLOCATION 48,358 62,632 58,781 60,544 63,572 555210 TRAINING 1,739 570 1,213 2,228 2,228 Supplies and Expenses - 160,976 175,533 174,171 145,442 150,676 Salaries and Wages 1,018,739 985,928 1,048,171 973,325 1,014,824 Supplies and Expenses 160,976 175,533 174,171 145,442 150,676 Total 1.179,715 1,161,462 1.222.342 1.118.767 1.165.500 2 of Exhibit 11. Santa Monica Pier Restoration Corporation Balance Sheet June 30, 2011 ASSETS Current Assets Cash - Onewest Bank $150,861.15 Cash - Union Bank 764.17 Accounts Receivable 123,619.00 Prepaid Expenses - TDS 2011 64,837.48 Other Prepaid Expenses 21,731.75 Total Current Assets $361,813.55 Fixed Assets Portable Stage $107,442.64 Christmas Decorations 52,540.37 Tents and Tables 6,053.21 Furniture 12,317.20 Office Equipment 18,777.73 Accumulated Depreciation (73,818.O1 Total Fixed Assets 123,313.14 TOTALASSETS LIABILITIES AND FUND BALANCE Current Liabilities Accounts Payable $ 65,131.84 Prepaid Revenue - City of SM Prepaid Revenue - Carousel 6,092.00 Prepaid Revenue - TDS 2011 224,500.00 Accrued Vacation Pay 12,770.56 Deposits - Events 11,000.00 Deposits - Filming' 3,100.00 Deposits - Carousel 700.00 Total Current Liabilities $ 323,294.40 Fund Balance Unrestricted Net Assets $ 23,810.16 Audit Adjustments (1,790.42) Current Year Net Income 139,812.55 Total Fund Balance 161,832.29 TOTAL LIABILITIES AND FUND BALANCE See Accountant's Compilation Letter James B. Parr CPA Inc. $ 485,126.69 $ 485,126.69 See Accountant's Compilabon Letter . James B. Parr CPA Inc. Annuat Budget $ 494,900.00 96,000.00 64,000.00 8,00000 $ 662,900.00 Exhibit 12. Santa Monica Pier Restoration Corporation General and Administrative Revenue and Expenses July 1, 2010 to June 30, 2011 June 2011 Year to Date Actual Sudoet Variance Actual Budoet Variance REVENUE General & Administrative City Funds $ 41,241.66 $ 41,242.00 $ (0.34) $494,900.00 $494,900.00 $ - Donations - Sales 180.00 180.00 2,231.67 2,231.67 100th Anniversary 600.00 600.00 9,244.00 9,244.00 Filming Revenue 3,500.00 6,000.00 (2,500.00) 73,429.00 96,000.00 (22,571.00) Promotion Revenue 5,333.00 (5,333.00) 141,100.00 64,000.00 77,100.00 Licensing 667.00 (667.00) 8,000.00 (8,000.00) Interest Income 54.48 54.48 402.34 402.34 Total Revenue $ 45,576.14 $ 53,242.00 $ (7,665,86) $721,307.01 $662,900:00 $ 58,407.01 See Accountant's Compilabon Letter . James B. Parr CPA Inc. Annuat Budget $ 494,900.00 96,000.00 64,000.00 8,00000 $ 662,900.00 General and Administrative Revenue Expenses Net income Twilight Dance Series Revenue Expenses Net Income Exhibit 12. Santa Monica Pier Restoration Corporation Summary of Revenue and Expenses by Category July 1, 2010 to June 30, 2011 June 2011 Year to Date Actual Budget Variance Actual Budget Variance $ 45,576.14 $ 53,242.00 $ (7,665.86) 60,598.91 46,168.00 (14.430.91) $ (15,022.77) $ 7,074.00 $ (22,096.77) 0.00 0.00 $ 721,307.01 $ 662,900.00 $ 58,407.01 604,994.11 563,900.00 (41,094.11) $ 116,312.90 $ 99,000.00 $ 17,312.90 $ 172,603.07 $ 150,000:00 $ 22,603.07 247,443.01 380,000.00 132, 556.99 $ (74,839.94) $ (230,000.00) $ 155,160.06 Annual Bud et $ 662,900.00 563,900.00 $ 99,000.00 $ 150,000.00 380,000.00 $ (230,000.00) Carousel Revenue $ 6,414.00 $ 8,417.00 $ (2,003.00) $ 107,661.16 $ 101,000.00 $ 6,661.16 $ 101,000.00 Expenses 2.657.39 3.750.00 1,092.61 65,240.79 45,000.00 (20,240.79) 45,000.00 Net Income $ 3,756.61 $ 4,667.00 $ (910.39) $ 42,420.37 $ 56,000.00 $ (13,579.63) $ 56,000.00 Paddle Board Revenue Expenses Net Income Outside Events Revenue Expenses Net Income $ 11,335.89 $ 25,000.00 $ (13,664.11) 18.959.21 6,040.79 (12.918.42) $ (7,623.32) $ 18,959.21 $ (26,582.53) $ 24,779.97 $ 35,000.00 $ (10,220.03) 27,541.27 35,000.00 7,458.73 $ (2,761.30) $ - $ (2,761.30) $ 16,724.00 $ 7,917.00 $ 8,807.00 $ 95,666.55 $ 95,000.00 $ 666.55 123.70 1667.00 1,543.30 28,955.70 20,000.00 (8955.70) $ 16,600.30 $ 6,250.00 $ 10,350.30 $ 66,710.85 $ 75,000.00 $ (8,289.15) See Accountant's Compilation Letter James B. Parr CPA Inc. $ 4000.00 $ 35;000.00 $ 95,000.00 20,000.00 $ 75,000.00 Exhibit 12. Santa Monica Per Restoration Corporation Twilight Dance Series Revenue and Expenses July 1, 2010 to June 30, 2011 June 2011 Year to Date Annual REVENUE Actual Budget Variance Actual Budget Variance Budget Sponsorships $ 141,225.24 Grants 5,000.00 Wine Garden 21,439.20 Sales 2,666.85 Donations 2,271.76 Total Revenue $ $ $ $ 172,603.07 $ 150,000.00 $ 22,603.07 $ 150,000.00 EXPENSES Advertising $ 18,889.59 Parking 2,000.00 Licenses 668.94 Security 17,478.50 Sound System 31,191.52 Banners 6,065.14 Shirts 4,910.68 Fencing 1,011.63 Setup/Takedown 8,372.52 Producer Fees 80,827.69 Photography 700.00 Food 3,680.68 Fire Permit 1,625.16 Wine Garden 21,046.11 Police Fees 40,351.33 Recycling Bins 2,700.00 Equipment Rental 3,569.51 Office Expenses 201.84 Postage 483.75 Miscellaneous 1.668.42 Total Expenses $ $ $ 247,443.01 $ 380 000.00 $132,556.9 $ 380,000.00 Net Income $ $ $ $ (74,839.94) $ (230,000.00) $ 155,160.06 $(230,000.00) See Accountants Compilation Letter James B. Parr CPA Inc. Exhibit 12. Santa Monica Pier Restoration Corporation Paddle Race Revenue and Expenses July 1, 2010 to June 30, 2011 Year to Date Actual Budget Variance $ 7,479.97 $ 1,825.00 15.475.00 $ 35,000.00 $ 24,779.97 $ 35,000.00 $ (10,220.03) $ 3,129.72 . 193.00 4,000.00 5,511.87 25.00 400.00 1,802.00 3,049.52 83.76 820.99 512.00 250.00 317.10 125.00 595.00 350.00 3,397.28 1,079.44 1,899.59 $ 27,541.27 $ 35,000.00 $ June 2011 REVENUE Actual Budget Variance Entry Fees $ 5,510.89 Exhibitor Fees 1,825.00 Sponsorships 4,000.00 $ 25,000,00 Total Revenue $ 11,335.89 $ 25,000.00 $ (13,664.11) EXPENSES Advertising $ 1,589.84 Fire Permit Donations 2,500.00 Supplies 1,712.01 Office Expense Security 400.00 Sound System 1,802.00 Banners 3,049.52 Fencing 83.76 Setup/Takedown 820.99 Photography 512.00 Master of Ceremonies 250.00 SM Police Fees 317.10 Trash /Recycling Bins 125.00 Web Site 500.00 Music 350.00 Printing 1,967.96 Insurance 1,079.44 Equipment Rental 1,899.59 Other Costs Total Expenses $ 18,959.21 $ 25,000.00 $ 6,040.79 Net Income $ (7,623.32) $ $ (7,623.32) Year to Date Actual Budget Variance $ 7,479.97 $ 1,825.00 15.475.00 $ 35,000.00 $ 24,779.97 $ 35,000.00 $ (10,220.03) $ 3,129.72 . 193.00 4,000.00 5,511.87 25.00 400.00 1,802.00 3,049.52 83.76 820.99 512.00 250.00 317.10 125.00 595.00 350.00 3,397.28 1,079.44 1,899.59 $ 27,541.27 $ 35,000.00 $ 7,458.73 $ (2,761.30) $ - . $ (2,761130) See Accountant's Compilation Letter James B. Parr CPA Inc. Annual Budget $ 35,000.00 $ 35,000.00 Exhibit 12. Santa Monica Pier Restoration Corporation SM Drive In Series Revenue and Expenses July 1, 2010 to June 30, 2011 Year to Date Annual Actual Budget Variance Budget $ 2,351.17 3,000.00. 2,029.16 150.00 500.00 $ 6.030.33 $ $ (8,030.33) $ $ (8,030.33) $ $ (8,030.33) $ See Accountant's Compilation Fetter James B. Parr CPA Inc. June 2011 REVENUE Actual Budget Variance Rental income. _ $ Total Revenue $ $ $ EXPENSES Setup/Takedown $ 154.93 Event Emcee Police Fees 31_43 Neighbor Notification Fees Recycling Bins Total Expenses 186.36 $ $ (186.36) Net Income $ (186.36) $ $ (186.36) Year to Date Annual Actual Budget Variance Budget $ 2,351.17 3,000.00. 2,029.16 150.00 500.00 $ 6.030.33 $ $ (8,030.33) $ $ (8,030.33) $ $ (8,030.33) $ See Accountant's Compilation Fetter James B. Parr CPA Inc. Exhibit 13. PRC Staff Title Salary of Rate Range Executive Director* $108,000* Deputy Director $68,400 Operations Manager $67,053 Marketing Manager $52,500 Administrative Assistant $19.50 /hour Weekend Activities Coordinator $20.50 /hour *former PRC Executive Director mwaimm City Staff Title Salary of Rate Range Division Manager $107,940 - $133,260 Event Services Supervisor $66,940 - $81,408 Sales and Marketing Coordinator $63,408 - $78,288 Event Coordinator $56,676- $69,972 Administrative Assistant $21.99 - $27.14 /hour Event Coordinator- hourly $27.25 - $33.64 /hour URBAN PLACE March 9, 2011 Ctr��.t�.4�timg-%rcrwp, 7ico- INTRODUCTION RODUCi ION ..................................................................................... ............................... i THE SANTA MONICA PIER RESTORATION CORPOPA I ICON ....................... ............................... 4 CurrentResponsibilities ........................................................................................................................ ..............................4 Comparison of Service Agreements .................................................................................................. ..............................4 CollectingRent ............................................................................................................................................ ..............................4 LeasingResponsibil ities .......................................................................................................................... ..............................5 Event Reven ue ............................................................................................................................................. ..............................5 ParkingManagement .............................................................................................................................. ..............................5 OTHER PUBLIC SPACES ........................................................................... ............................... 6 Introduction............................................................................................................................................... ............................... 6 Methodology.............................................................................................................................................. ............................... 6 CaseStudies ................................................................................................................................................. ..............................8 TheCity Market - Kansas City, MO .................................................................................................... ..............................8 TheFerry Building - San Francisco, CA ........................................................................................... ..............................9 FindlayMarket - Cincinnati, OH ....................................................................................................... .............................10 GlenEcho Park - Glen Echo, MD ....................................................................................................... .............................11 Granville Island - Vancouver, BC ...................................................................................................... .............................12 LexingtonMarket - Baltimore, MD ................................................................................................. .............................13 PikePlace Market - Seattle, WA ....................................................................................................... .............................14 Pioneer Courthouse Square - Portland, OR ................................................................................. .............................15 Reading Terminal Market -Philadelphia, PA ............................................................................. .............................16 SpecialCases ............................................................................................................................................. .............................17 BealeStreet -Memphis, TN ................................................................................................................ .............................17 NavyPier - Chicago, IL ......................................................................................................................... .............................18 CaseStudy Comparison ........................................................................................................................ .............................20 ManagementSummary ......................................................................................................................... .............................20 LeasingResponsibilities ........................................................................................................................ .............................21 Marketing and Promotional Responsibilities .............................................................................. .............................25 OtherResponsibilities ............................................................................................................................ .............................27 FinancialStructure ................................................................................................................................. .............................30 Relationshipswith Public Agency ..................................................................................................... .............................32 ManagementEffectiveness .................................................................................................................. .............................36 KEYFINDINGS ......... ................................................................ ............ .... ... - ...... ................ . 39 CONSULTANT RECOMMENDATIONS........ ..... .............. ........ ____ ..... 40 NEXTSTEPS ......................................................................................... ............................... 41 SOURCES............................................................................................. ............................... 44 APPENDIX A - -- PUBLIC SPACE RESEARCH SURVEY .....,» .......................... ............................... 45 1 The Santa Monica Pier Restoration Corporation (the "PRC ") is the non - profit organization dedicated to managing and promoting the historic Santa Monica Pier in the Los Angeles metropolitan area. The PRC's Executive Director left the organization in October 2010. In October 2010, the PRC contracted with Urban Place Consulting Group, Inc. ( "UPC "), a Los Angeles -based company that facilitates the development of community in urban places, to assist the PRC in defining its long -term goals and in developing and implementing effective management and financial strategies. More specifically, the PRC's Board of Directors is using the interim management period to: a. Identify and develop the PRC's long term vision for the Pier; b. Identify and analyze existing models for managing public spaces like the Pier; c. Identify a preferred management and financial model and define the PRC's role within that model; and d. Develop a strategic plan to implement the preferred management and financial model. Leasing Responsibilities Event Revenue Parking Management The nine organizations that completed our survey answered questions on topics ranging from leasing and rent collection to marketing and promotions. 7' The Ferry Building — San Francisco, CA The Ferry Building, listed in the National Register of Historic Places, has been a San Francisco institution since its opening in 1898. Today it houses a ground floor retail marketplace, with premium office space located on the second and third floors. Permanent retailers and temporary vendors occupy the halls and arcades of the interior, and the wide esplanade on the Bay -side of the building is also open to pedestrians. Two city - side cafes and two Bay - side restaurants offer spectacular views to their patrons. The Ferry Building is owned by the Port of San Francisco and • 'Showcase small regional producers that practice traditional farming or production techniques and who develop personal relationships with their customers; • Promote the Bay Area's vast ethnic diversity and serve as an incubator for artisan producers who are returning to sustainable methods of agriculture and production; • Provide a central location for the promotion of the world -class food and wine producing regions of Northern California and recognize wine's connection to our rich regional cuisine; • Collaborate with local transit authorities to build strong regional ties to the Ferry Building and support the revitalization of the San Francisco waterfront; and • Operate as a community gathering -place for the celebration of local culture and cuisine." Glen Echo Park — Glen Echo, MD Glen Echo Park was formed in 1891 as a National Chautauqua Assembly, a movement dedicated to adult education in sciences, the arts, and languages, which was popular in the late 191h and early 2011, centuries. It grew into Washington, D.C.'s premier amusement park until the late 1960s. The federal government obtained the land, which is managed by the National Park Service to this day. In 2002, Montgomery County Photo courtesy of "ahtgen" on Plickn established the Glen Echo Park Partnership for Arts and Culture (the "GEPP ") to manage the park's programs and facilities. The mission of the GEPP is "... to present vibrant artistic, cultural and educational offerings at Glen Echo Park and to promote the Park as a unique destination for the region's diverse population." While Glen Echo Park rents its various ballrooms and pavilions for special events, its main focus is to provide studio space for artists and art organizations that offer classes to the public. The Park also houses a historic Dentzel Carousel, which operates every year from April through September. Other Park amenities include a picnic and playground area and a seasonal cafe. Various dance companies and presenters use the Park for weekly social dances, in styles ranging from swing to tango. Altogether, these activities and uses draw over 400,000 visitors to the Park annually. 11 Lexington Market — Baltimore, MD Lexington Market has been a Baltimore tradition since 1782. The site began as a meeting place for farmers and merchants, on land donated to the city by a hero of the American Revolution. By 1925, there were over 1,000 stalls t-nAB CAKE under 3 block -long sheds. In 1949, a large fire destroyed the market's existing buildings and propelled the market to modernize. The revitalization of the market was finally completed in 2002. Today it houses 140 merchants that provide fresh meats, seafood, poultry, groceries, specialty items and prepared foods for take- out and on -site consumption. Events scheduled throughout the year include Lunch with the Elephants, The Chocolate Festival, special programs for the holidays, community services, and midday music events. The Market is located in the hub of Downtown Baltimore's West Side and will play a large role in that area's ongoing renaissance and redevelopment. Photo courtesy of "BBC Radio 4" onFlickr.. 13 on the "living room' of downtown Portland. It is managed by the non - profit Pioneer Courthouse Square, Inc., which has a management agreement with the City of Portland's Parks and Recreation Bureau and is responsible for leasing, marketing, promotions and events, and repairs and maintenance. The Square hosts over 300 events per year, including outdoor movies, concerts, and festivals, and was one of the first non - smoking public spaces in the United States. Access to two MAX light rail stations are incorporated into the plaza, and over 9 million people visit the Square annually. Photo courtesy of Pioneer Courthouse Square, tic. is Special Cases Urban Place Consulting contacted the management organizations of the following public places. Completion of a formal survey was deemed inappropriate, however, because these organizations are currently undergoing restructuring. A summary of each case and commentary from its organizers follows. Beale Street —Memphis, 7N Created in the 1840s by an entrepreneur and developer, Beale Street (then Beale Avenue) saw its musical beginnings when the Young Men's Brass Band began to perform there in 1867. Since that time, Beale Street developed into a neighborhood lined with restaurants, bars, and music venues. In the early 1900s, the area was well known for heavy gambling, voodoo, murder, and prostitution. In the 1940s, jazz legends Louis Armstrong, B. B. King, and others played on Beale Street and helped develop Pboto courtesy of Performa ]Entertainment. the style known as Memphis Blues. Beale Street was even officially declared the "Home of the Blues" by an act of Congress in 1977. Despite this, Beale Street went into decline in the 1970s after a failed urban renewal program. It revived in the 1980s with the redevelopment and management of Performa Entertainment Real Estate, which managed Beale Street until recently. The City of Memphis owns all the land and buildings that comprise the Beale Street district. Performa Entertainment has been the sole manager under a master lease agreement with the City since 1982, and was responsible for leasing, promotions, marketing, safety, and maintenance. In 2010, however, the City and Performa reached a settlement agreement for a multi -year court battle over alleged financial misappropriations.' Going forward, Performa will no longer manage Beale Street, and the City is forming a citizens' committee to determine the future of the district. Urban Place Consulting interviewed Jeff Sanford, a Memphis -based urban redevelopment consultant familiar with Beale Street's history and current issues. Sanford will act as a consultant to Mayor A. C. Wharton Jr.'s appointed "Blue Ribbon" citizens' committee and will make recommendations on how to proceed with Beale Street. When reflecting on Beale Street's history, Sanford said that, "although it took the better part of twenty years to become profitable, Beale Street has been a great success, and is 1 "Controversy Remains Around City, Performa Settlement." Memphis Daily News. 2010 July 9. http : / /www.memphisdailynews.com/ editorial /Article.aspx ?id= 51206. Accessed 2011 February 3. 17 • Revise the Pier's governance structure to create a governing body whose function is to serve as an advocate solely for Navy Pier, to be its "champion:' • Develop a strategic plan providing a framework for evaluation of ULI and other recommendations from the perspectives of fulfilling the Pier's vision, financial sustainability, the ability to be implemented, and other factors. The ULI recommended that the above goals be accomplished before embarking on any redevelopment or capital improvement efforts at Navy Pier. Because the MPEA currently governs both Chicago's McCormick Place (the nation's largest convention center) and Navy Pier, ULI recommended that Navy Pier have its own Board - "a champion ... speaking and advocating only for Navy Pier." According to MPEA's summary document, this new governing body "could include civic and public leaders serving on a separate, non - profit entity or an independent subsidiary of the MPEA and [should] focus exclusively on what is best for the Pier. The new Navy Pier board, according to ULI, should be more than a'mere advisory board' and should have a'clear mandate of responsibility and authority to carry out the mission. "' The ULI report3 recommended that Navy Pier develop a comprehensive long -term strategic plan that includes "the purpose and mission of Navy Pier, guiding principles, business objectives, a vision that operationalizes the mission, a business plan and business case, a redevelopment program plan, a master land use and infrastructure plan, and a self- sustaining financial plan and capital budget" Specific suggestions related to management and finances include investing 10 percent of gross revenues back into Navy Pier for deferred maintenance and new capital projects, andR developing benchmarks as Photo courtesy ofwww.destinat( measures of success, such as visitation levels, net profitability, and spending per visitor. Urban Place Consulting's communication with MPEA staff in January 2011 confirmed that MPEA is taking the ULI's recommendations seriously. They declined to answer our survey 3 "Navy Pier, Chicago, IL: An Advisory Services Panel Report" Urban Land Institute. 2010. http:// www. navypier. com/ ULlreport /pdf /NavyPierReport.pdf. Accessed 2011 February 23. 19 Leasing Responsibilities The following tables compare the leasing responsibilities of each case. 21 5 Inferred from information on tenant history ( http:// www. pioneercourthousesquare .org /history.htm) and tenant lease expirations found in Exhibit C of Management Agreement with City of Portland. 23 Marketing and Promotional Responsibilities The following tables compare the marketing and promotional responsibilities of each case. 6 Letter from Lino Siracusa, Director, Granville Island; dated 2007 July 9. Accessed from http: / /forums.egullet.org /index.php ? / topic/ 63043 - granville- island- market /page_st_150 on 2011 February 22. 25 Other Responsibilities The following tables compare the additional responsibilities of each case, including maintenance, safety, parking management, and marketing. 27 8 From Management Agreement between Pioneer Courthouse Square, Inc. and City of Portland Parks and Recreation Bureau; §10.3; signed 2008 December 11. Obtained via post from Pioneer Courthouse Square, Inc. Y Ellis, Barbara. Portland's Pioneer Courthouse Square and Violations of First Amendment Rights. 2008, January 7. http: / /www.pprc- news. org / press /WhitepaperonPioncerSquare.pdf. Accessed 2011 February 21. 29 31 33 35 37 KEY FINDINGS Based on our comparative research and analysis, UPC reached the following conclusions regarding public space management in North America. #1: Management is Actively Involved with Leasing From Seattle to Philadelphia, successful public space management organizations are actively involved with day -to -day leasing responsibilities, from identifying prospective tenants and negotiating leases to collecting rents. Lease terms tend toward five years in length, but vary depending on the size, permanence, and initial investment of a tenant. Rental rates also varied, from charging base rent plus a percentage of revenue, to simply charging a lower rent based on location. In some cases, chain stores or certain types of businesses were forbidden or unlikely to be approved. Similar to the PRC, nearly all organizations surveyed are responsible for developing a long -term leasing strategy. Different from the PRC, however, is that most organizations surveyed also implement that leasing strategy through the negotiation of leases with prospective tenants. In some cases, management does minimal recruiting and instead reviews lease applications submitted either in person or through the organization's website. #2: Management is Active in Marketing and Promotions All of the management organizations surveyed are responsible for developing long -term marketing or promotional strategies, as well as for coordinating and funding activities and events. Similar to the PRC, some organizations pursue outside grants or funding to coordinate special events, and others charge their tenants a marketing fee. The most successful events tend to be the ones that fit into the organization's general mission, and can range from four major events per year, like the Ferry Building, or over 300 events per year, such as Pioneer Courthouse Square. t#3o Most Organizations Manage and Fund Routine Maintenance, Capital Improvements, Security, and Parking All of the management organizations surveyed stated that they pay for and coordinate routine repairs and maintenance services, whether they are performed by staff or contracted out. Management at the Ferry Building charges a Common Area Maintenance (CAM) fee to their tenants. At Pioneer Courthouse Square, management uses the local Business Improvement District's contractors to maintain the plaza and amenities. In most cases, the management organization is responsible for coordinating and funding capital improvements. Major infrastructure work, however, is often the responsibility of the City or public agency that owns the land (such as the Port of San Francisco for the Ferry Building, or the National Park Service for Glen Echo Park) or is funded through a voter - approved levy (as in Pike Place Market in Seattle). 39 01: Develop New Management and Flnanclal Models for the Pler The management responsibilities of the Pier are currently divided between the City and the PRC. The City of Santa Monica manages the identification of prospective tenants and the negotiation of leases, in addition to undertaking maintenance, repair, and safety matters. The PRC is responsible for promotions, filming permits, and some aspects of leasing and operations. In every case we surveyed, however, only one organization was responsible for all of these roles, making the management of that public space highly efficient. In order to streamline the processes for leasing, security, repairs and maintenance, and promotions and marketing at the Pier, we recommend that the City and the PRC develop a model that will align these responsibilities into one management entity. To determine an appropriate financial and management model going forward, a review of the past several years of Pier income, expenses, and other financial records is necessary for the PRC and the City to understand the true financial standing of the Pier. Knowing who visits the Pier is essential to hosting the right fundraising events, pursuing the right grants, and developing a marketing and promotional strategy. User counts and intercept surveys are common tools used by for - profit businesses; however, many non- profit organizations benefit from using this relatively inexpensive method for understanding their clientele. Examples include the Downtown Phoenix Partnership (surveys every five years), the Downtown Denver Partnership (every three to five years), and the Downtown Center Business Improvement District in Los Angeles. Staff and volunteers at Findlay Market conduct customer intercept surveys of at least 300 shoppers twice a year, as well as periodic "safe and clean" surveys to gauge shoppers' impressions of the Market and its surroundings. They also utilize electronic pedestrian counters on the doors of the market house. Pike Place Market conducts quarterly pedestrian counts and, at the time of this report, is conducting a two -phase market research study that includes phone surveys and on -site intercept surveys. The PRC would benefit from these practices, as well. Not only would regular surveys help to establish and project trends; they could be used as benchmarks to gauge progress and help secure additional funding or sponsorship for the Pier. NEXT STEPS Urban Place Consulting recommends asking the following questions and taking the following steps as an action plan for the PRC's Board of Directors. 41 Determination of an Appropriate Management Model Based upon the research above, the City, in partnership with the PRC, should determine which recommendations, if any, to follow. Should one entity be responsible for leasing activities? What about parking, security, and maintenance? Preparation of a Business Plan, Budget, and Implementation Strategy Working in partnership, the City and PRC should develop a detailed business plan, budget, and implementation strategy based on the agreed -upon management model. As the business plan and budget are being developed, both parties should expect to revisit previous discussions and modify previous decisions in order to make the business plan, budget, and implementation strategy feasible. 43 • • , , - y 211 .14 1 ATJ Thankyou foryour time and consideration in answering these questions. Please feel free to add any commentary you feel would he helpful to an organization that is assessing its management and financial processes. GENERAL ORGANIZATION 1. What are your organization's primary responsibilities (i.e., collecting rents, managing leases, coordinating marketing or special events, etc.)? 1 How many staff members does your organization have? 3. How many Board members does your organization have? 4. What is your annual budget? S. Will you provide an electronic copy of your annual budget? LEASING 1. Who collects rents? Your organization, or the public agency that owns the land? 2. Who are rent checks made payable to? 3. Into whose account do rent checks go? 4. How long is a typical lease term? S. How many tenants do you have on average? 6. Is your organization responsible for developing and implementing a long -term leasing strategy? 7. What is the process for identifying and negotiating with prospective tenants? What roles do your organization and the City or other public agency play? 8. Does your organization have different leasing strategies for longer -term tenants and for shorter -term vendors? How are they different? MAINTENANCE AND SAFETY 1. Does your organization coordinate and /or pay for routine repairs or maintenance services? If not, who does? 2. Does your organization coordinate and /or pay for capital improvements? If not, who does? 3. Does your organization coordinate and /or pay for safety, police, or security services? If not, who does? PARKING MANAGEMENT 1. Is your organization responsible for managing nearby parking? 2. If so, how does your organization manage parking? Are parking revenues and expenses part of your annual budget? MARKETING AND PROMOTIONAL ACTIVITIES 1. Is your organization responsible for developing a long -term marketing or promotional strategy? 45 Pier Management Research - DRAFT Prepared for The City of Santa Monica August 30, 2011 Urban Place Consulting Group, Inc. Steve Gibson, President 5318 E. Second St., Suite 336 Long Beach, CA 90803 562- 439 -6571 Steve @urbanplaceconsulting.com www.urbanplaceconsulting.com The Santa Monica Pier is at a critical point in its history. The Pier is managed jointly by the City of Santa. Monica and the non - profit Pier Restoration Corporation ( "PRC "). The recent departure of the PRC's Executive Director, along with an upcoming master planning process, have initiated a period of reflection and research; how can the Pier be better prepared for the future? How can it become a vibrant, long -term success for the City of Santa Monica and the millions of people that visit annually from around the globe? The City and the PRC have taken several steps to answer these questions: 1. Interim Management. The PRC Board of Directors hired Urban Place Consulting Group ( "Urban Place ") to provide interim management of the PRC. In this regard, Urban Place has had a unique and intimate involvement with the day -to -day management and operations of the Pier, providing valuable insight on current processes that have room for improvement. 2. Best Management Practices. The PRC Board hired Urban Place to conduct a best management practices survey of successful public spaces in North America. The sites examined are listed in the Project for Public Spaces ( "PPS ") database of "Great Places" and are well known and loved throughout the country. For direct comparison with the Pier, the "Great Places" chosen are publicly -owned spaces that house private businesses. 3. City Research. The City commissioned the Economic Development Department ( "EDD "), which manages the Pier for the City, to conduct its own research on current Pier management practices. The results of this research will be publishe in a report titled "Pier Governance and Management Study." 4. Financial Reconciliation. U finances by examining reven Fund. Urban Place worked cl information related to the Pi The purpose of this report is to synt described above, and to recommenc Monica Pier going forward. Interim Management ent For the past 22 years, Urban Place h organizations on an interim and Ion opportunity to compare the functioi PRC. For nearly a near, Urban Place worked with various City departme Interestingly, nine out of the ten well -known public spaces were either managed privately or by non - profit organizations. Navy Pier, which is by far the closest comparison to the Santa Monica Pier both in size, popularity, offering, and physical structure, was previously managed by a hybrid city -state municipal agency, the Metropolitan Pier and Exposition Authority ( "MPEA "). As of July 1, 2011, however, the MPEA entered into a 25 -year lease agreement with Navy Pier, Inc., a newly formed non- profit organization that will be responsible for the governance, operations, and management of the Pier. The purpose of Special Events $95,667 Total PRC Revenue $1,122,018 TOTAL PIER REVENUE $5,923,309 CITY PIER FUND EXPENSES Economic Development Division Salaries and Wages Supplies City Grant to PRC Parking Operator Carousel Operator Police Pier Patrol Depreciation Expense Total Economic Development Division Harbor Division Salaries and Wages Supplies Total Harbor Division Maintenance Division Salaries and Wages Supplies Total Maintenance Division Total City Pier Fund Expenses PRC EXPENSES General and Administrative TDS Carousel Paddleboard Races Outside Events Santa Monica Drive -In Series Total PRC Expenses TOTAL PIER EXPENSES PIER NET INCOME (LOSS) $173,363 $292,169 $494,900 $347,387 $190,588 $240,010 $390,000 $2,128,417 $1,048,171 $174,171 $1,222,342 $592,532 $1,218,319 $1,810,851 $604,994 $247,443 $65,241 $27,541 $28,956 $8,030 $5,161,610 $982,205 $6,143,815 $(220,507) True Cost Reconciliation This model assumes the above revenue and expenses from FY 2010 -11, but represents a more accurate depiction of the City's actual costs. We used Harbor Unit and Police Department costs that more accurately reflect the true level of service provided on the Pier (50% of reported costs in FY 2010 -11.) 6 Total City Pier Fund Expenses $4,430,434 PRC EXPENSES General and Administrative $604,994 TDS $247,443 Carousel $65,241 Paddleboard Races $27,541 Outside Events $28,956 Santa Monica Drive -In Series $8,030 Total PRC Expenses $982,205 TOTAL PIER EXPENSES $5,412,639 PIER NET INCOME (LOSS) $510,670 After accounting for the true costs of Harbor and Police patrol, the Pier operates at a net surplus; and yet this reconciliation doesn't reflect additional cost savings that can be realized by streamlining operations under one partnership organization. The Pier is clearly profitable and can be even more so with management by a streamlined partnership organization. Successful and iconic public spaces like the Santa Monica Pier have millions of visitors annually; the Santa Monica Pier has over 6 million visitors per year. These well- attended public attractions are, in most cases, managed by non - profit organizations in partnership with government agencies. The benefits of a public - private partnership include cost savings, efficiency in management and contractual services, and quicker response times to tenants and the public, as well as utilization of public sector strengths. While cities may be efficient in running parks or open spaces, a large and iconic public space with multiple private tenants and a myriad of offerings is incomparable to a typical park or open space. It is best managed as a public - private partnership organization, with the public sector defining the long -term goals and visions of the community, and the private non - profit sector carrying out the day -to -day operations. In places where government agencies have solely managed complex public spaces, such as Chicago's Navy Pier, the model often fails for several reasons: because it is not directly involved in day -to -day operations, because management is physically distant from the space, or because bureaucratic processes don't allow efficiencies in management's response to operational issues. A public - private partnership remedies these issues by capitalizing on the relative strengths of both the public and private sectors. The City's role would continue to include structural maintenance and capital improvements, as well as Harbor Unit or Police staffing as deemed necessary. The PMC would be responsible for daily security personnel and ambassadors on the Pier. The City would maintain oversight of the Pier through a dedicated seat on the PMC Board. The public - private partnership structure that we recommend is a hybrid model that integrates the strengths of several scenarios described in EDD's study. It incorporates the public oversight of the City (Scenario 1), the autonomy of a new non -profit (Scenario 2), the long -term nature of a ground lease with a private entity (Scenario 4), and improvements to the size, makeup, and responsibilities of the existing PRC Board of Directors (Scenario 5). We address the concerns of EDD's study below and discuss how a hybrid public - private partnership can mediate these concerns. Event Production While the City does have in -house expertise in producing large -scale and small -scale events, a scenario in which the City took over daily management of the Pier would likely lead to operating inefficiencies similar to those that exist today due to coordination between City departments, the establishment of additional commissions, and a lengthy and bureaucratic leasing process. In the hybrid partnership we recommend, the PRC Board of Directors would focus solely on event production and fundraising. One PMC staff member, the Vice President of Sponsorship and Events, would also be dedicated to coordinating and producing events on the Pier within the parameters of pre - established event guidelines. Leasing A critical area of concern among stakeholders is the lengthy leasing process for Pier tenants. Keeping the status quo, or the absorption of all Pier management duties by the City, would continue to hinder the leasing efforts of future tenants. With leasing and tenant relation responsibilities under the PMC, however, the leasing process can be modeled after commercial leasing strategies that are customary in commercial real estate and much more efficient. Fundraising and Sponsorship Fundraising and sponsorship efforts could prove to be more difficult when a non- profit is not involved to incentivize tax write -offs. Instead, the PRC would be dedicated solely to fundraising, sponsorship, and event production duties, leaving the new PMC to manage daily Pier operations. The Vice President of Sponsorship and Events would be committed to fundraising and sponsorship efforts, and would be a point of contact for the PRC Board. Staffing In the recommended public - private partnership structure, all staff would be staff of the PMC. The PMC would need to employ outside contractors to provide some services, such as custodial work, security, and legal services. For more information on staffing, see "Organizational Structure" below. 10 Carousel Rental 110,000 Carousel Ticketing 171,000 Licensing 500 TOTAL OPERATIONS INCOME $4,649,500 IIINIJ►YIIIPWO&Iy TDS Income 200,000 Paddle Board 25,000 Other Events - TOTAL EVENT INCOME 225,000 TOTAL INCOME 4,874,500 EXPENSES Management 799,500 Administration 200,800 Operations 90,000 Events 300,000 Utilities 171,000 Service Agreements 173,000 Custodial Services 350,000 TOTAL EXPENSES 2,084,300 NET INCOME (LOSS) $2,790,200 Organizational Structure The following organizational chart depicts a possible arrangement for staff of the Pier Management Corporation. Responsibilities of each position follow. 12 • Manage human relations issues Vice President of Sponsorship and Events • Long term, this position will be funded from event income and sponsorship • Secure sponsorship for self - produced events • Work with non - profit, community, and business leaders to secure sponsorships, grants, and additional Funding opportunities • Maintain and develop relationships with corporate partners • Coordinate and manage all aspects of self - produced events, such as the Twilight Dance Series and Paddleboard Races • Coordinate staffing and contracting for self - produced events • Develop additional events Director of Leasing and Tenant Relations • Draft and administer leasing guidelines with CEO, Board, and City input and approval • Act as point -of- contact to Pier tenants • Monitor tenant application process and review tenant applications • Create standard lease template • Draft and negotiate tenant leases • Respond to tenant inquiries and complaints • Oversee filming on the Pier • Update and administer filming guidelines and fee schedule • Update and administer special event guidelines and fee schedule • Develop filming and promotional event databases and filing system Director of Marketing and Communications • Develop and implement a marketing and communications plan • Market promotional opportunities on the Pier and act as primary point of contact for organizations using the Pier for promotions. • Work with community organizations locally to market the Pier • Pursue compensation for use of Pier brand or likeness • Maintain upcoming events section of Pier website • Promote the Pier locally and nationally • Produce weekly notice of upcoming events and distribute to tenants Director of Pier Operations and Use • Administer street performer program • Manage daily maintenance and security programs • Manage Pier events setup and breakdown • Manage carousel booking and use Office Administrator • Answer and direct phone calls and other inquiries • Prepare and deliver Board and committee packets prior to meetings 14 l i 1. ♦ • . ♦ . . . . • 16