SR-01-14-2014-8BCity Council Meeting: January 14, 2014
Agenda Item: 8 -B
To: Mayor and City Council
From: Rod Gould, City Manager
Subject: Revised Framework Elements for 2014 Twilight Concert Series
Recommended Action
Staff recommends that the City Council:
1. Review and comment on revised elements of the proposed 2014 Twilight
Concert Series' (TCS) framework and associated public safety costs.
2. Direct staff to proceed with implementing specified changes in 2014 and return to
Council with an assessment and recommendations for the 2015 concert series.
Executive Summary
A framework for the 2014 Twilight Concert Series was developed and recommended in
the original staff report. The framework was presented as a pilot effort that would
address event capacity and layout, create a more local, rather than regional event by
booking emerging talent, ensuring conformation with the City's sign code, removing the
jumbotron and beach speakers for some concerts in order to refocus the event to a Pier
audience, and addressing operational issues on the beach that result from larger
crowds. This report recommends removing the jumbotron and beach speakers from all
concerts, corrects language regarding booking emerging talent, and details a projected
range of public safety costs. Staff continues to recommend $200,000 in gap funding to
the Pier Corporation.
Background
The Twilight Concert Series began in 1985 as a series of free dance concerts on the
Pier deck and was part of an ongoing effort to restore and enliven the Pier after the
devastating 1983 winter storms. The event became instantly popular and quickly
developed into an annual summer concert series on the Pier with very minimal beach
overflow, if any. Beginning in 2010, attendance swelled and the spillover crowd on the
beach grew to tens of thousands. The 2013 series was heavily marketed to the Los
Angeles region. Last year, two - thirds of attendees experienced the event from the
beach south of the Pier. The 2013 Twilight Concert Series was significantly different
than what was begun almost thirty years ago. The concerts are no longer Pier -based
1
community events that enliven the Pier for a few hours. Instead, they are large, regional
events that exceed the capacity of the Pier deck, have enormous spill -over onto the
adjacent beach, creating a de facto beach event and significant public safety and legal
concerns.
During November and December of 2013, an interdepartmental group from the City
Manager's Office, City Attorney's Office, Police Department, Fire Department,
Community and Cultural Services Department, as well as Pier Corporation staff and
board members and a representative from the Pier tenant's association met four times
to discuss an operational framework for the 2014 TCS that would scale the event back
to its original intent of a Pier -based event for the local community, ameliorate the
significant public safety issues that arose during the 2013 series, and ensure that the
event would conform to the City's laws, specifically its sign code and community events
ordinance. A framework for the 2014 Twilight Concert Series was developed and
recommended in the original staff report. The framework was presented as a pilot effort
that would address event capacity and layout, create a more local, rather than regional
event by booking emerging talent, ensuring conformance with the City's sign code,
removing the jumbotron and beach speakers for some concerts in order to refocus the
event to a Pier audience, and addressing operational issues on the beach that result
from larger crowds. Staff recommended that the Council approve gap funding to the
Pier Corporation in an amount not to exceed $200,000 for the 2014 TCS, as these
changes were anticipated to have a significant impact on the Pier Corporation's
fundraising model, and direct staff and the Pier Corporation to continue to work together
to right -size the event to ensure public safety and conform to existing law. Staff
continues to recommend $200,000 in gap funding for the 2014 TCS and would like to
continue to work with the Pier Corporation. This report presents revisions to two
framework elements and details a projected range of public safety costs.
Staff and the Pier -based members of the working group reached agreement on much of
the proposed framework for the 2014 series. However, the Pier Corporation
2
representatives on the working group feel strongly that the jumbotron and beach -
directed speakers are an integral part of the event and create opportunities for a Pier
and beach -based community experience. In their view, removal of the jumbotron would
change the nature of the event, reduce messaging and sponsorship platforms, and
significantly revise sponsorship packages.
Discussion
The Twilight Concert Series is a beloved community event that will be celebrating its
30th Anniversary with the 2014 season. The series has grown substantially since it
started in 1985, especially over the past few years. This growth has created an event
with large numbers of people who view the concert from the beach on the south side of
the Pier. Staff is seeking Council direction on a series of actions that staff and the Pier
Corporation would implement over time that would maintain the tradition of free and fun
Pier concerts for the local community, while ensuring public safety and conformance
with City laws. Staff recommends that the Council consider the following revisions to the
framework for the 2014 Twilight Concert Series presented in the original report as well
as the likely range of public safety costs. Staff continues to recommend the revised
capacity, layout, and beach configuration detailed in the original report, as well as no
off - premises signs.
The new framework would be piloted during the 2014 series. Staff and the Pier
Corporation would work together to assess the impacts of the changes made in 2014
and evolve the event framework as needed. Staff would return to Council after the
conclusion of the 2014 concerts with an assessment and recommendations for a 2015
event framework. Additional or different approaches, changes, or modifications may be
recommended for future years.
1. Removal of the Jumboton and Beach Speakers for All Concerts. Staff
understands that having some concerts with the jumbotron and speakers and
some without them is problematic for programming and marketing. However, the
3
jumbotron and beach speakers were added to enhance the concert experience
for those on the beach. The TCS is not a beach event however the jumbotron
and beach - directed speakers facilitate the experience from the beach. The City's
Community Events Administrative Instruction defines a beach event as one that
includes a beach - related activity as a predominant component of the event.
Beach - related activities include beach sports or ceremonies or services integral
to the beach (e.g., baptisms, beach clean -ups, etc.) Music or other amplified
sound is only permitted as an incidental component of the event. Concerts are
not allowed on the beach. Therefore, staff recommends removing the jumbotron
and beach speakers from all 2014 concerts in order to scale the event back to
the Pier. Having the jumbotron and beach speakers runs contrary to the effort to
right -size the event back to its original footprint. Attendance would shift from the
beach to the Pier over some period of time as audiences became aware of the
new format.
However, until there is a significant drop in the size of the beach crowd, the
Police and Fire Departments must provide the appropriate staff and equipment to
ensure public safety. The costs for the appropriate staffing and equipment
needed to both prevent and respond to emergencies would vary depending on
estimated crowd size. For example, Police and Fire costs for a concert with
15,000 to 20,000 people in attendance would be around $33,000. If all 10
concerts were this size, the 10 -week series would require approximately
$330,000 worth of public safety resources - police officers, sergeants,
lieutenants, traffic service officers, fire supervisors, paramedic carts and bike
teams, and fire safety officers. And, until a sustained shift in attendance
occurred, resources appropriate to a large crowd of 15,000 to 20,000 would be
deployed.
In addition, if it was reasonably determined that one or more concerts would
likely draw a crowds larger than 20,000, the City would enter into a Memorandum
12
of Understanding with the Los Angeles Sherriff's Department for mutual aid for a
planned event. The cost of mutual aid would also be scalable, and likely range
from approximately $6,000 to $13,000 per concert. Additional costs would be
incurred if a significant incident happened during a concert and the Sherriff's full
mobile field force and /or mutual aid from neighboring jurisdictions was needed.
If the series was recalibrated in such a way that substantially fewer people
attended, meaning 5,000 to 10,000 per concert, public safety costs would be
approximately $16,000 per concert or $160,000 for the 10 -week series.
2. Emerging Talent, Marketing to Locals and Public Education: The original staff
report erroneously suggested that all talent be "local ". The recommendation is to
book emerging talent and market locally rather than regionally.
One way to bring locals to the Pier and create a sense of community is to create
programming with a local interest. Booking emerging talent, rather than a
performer with established name recognition or a regional, national, or
international fan base, would reinforce the TCS as a community -based event and
likely draw a crowd that could mostly fit within the revised deck capacity.
Targeting marketing efforts to Santa Monica and Westside -based communities
and outlets would help draw people who live and work in the area. Enhanced
public education and messaging would reinforce principles like "leaving no trace"
and laws that prohibit smoking and alcohol use, and promote self- correcting
behaviors.
Staff may recommend further shrinking of the event in 2015, including moving the event
to a shoulder season, if the above changes do not diminish the beach -based crowds.
Legal Concerns
In addition to the significant safety concerns arising from last summer's concert series,
legal concerns have also arisen. In the event of a safety emergency arising at the
concert and involving personal injury, claims could be made against the City. The
City's Police and Fire Chief's have identified safety risks. If these risks are not
addressed, the City's potential liability arising from an emergency will increase
significantly. In addition to liability risks, aspects of the concert series, as it has evolved
over time, are arguably or actually inconsistent with current local law. The Community
Events Law and regulations only allow events on the beach that are beach - related
(such as beach volleyball tournaments or sand castle building competitions.) Concerts
are not allowed on the beach. The use of the jumbotron and the growth of the crowds
on the beach make it increasingly difficult to maintain that the Twilight Concert Series is
not a beach concert series. Because of First Amendment requirements, if the City is
found to allow concerts on the beach, the beach may become a "forum" for such events,
and the City may not be able to maintain its ability to regulate by picking and choosing
entertainment.
Additionally, the City's Sign Code prohibits both off premises signs and animated
signs. Use of the jumbotron to generate revenue by, in essence, renting off- premises
or animated signage violates the Sign Code. And, the failure to consistently enforce
laws regulating signage may render such laws unenforceable. If the Sign Code
became unenforceable, the City would not, for example, be able to prevent the
installation of billboards within the City.
The Pier Corporation has the opportunity to maximize signage as allowed under the
current regulatory system. Inward facing signs which comport with the Sign Code's
requirement that a logo consume no more than 30% of the sign could be placed on any
and all Pier perimeter fencing or railing, stage trusses, booths, building structures and
the like. In addition, the TCS event footprint could be described as the entire Newcomb
Pier up to the eastern edge of Pacific Park and the backside of the buildings that face
0
the main Pier. This definition may create additional space for legal conforming signage.
Financial Impacts and Budget Actions:
As detailed in the original staff report, implementing modifications to the Twilight
Concert Series framework will result in additional immediate cost to the Pier Fund of
$200,000 for gap funding to the Pier Corporation and $5,000 for relocation of electric
vehicle charging stations. In addition, in order to provide the appropriate level of public
safety staffing and resources the City would incur new General Fund costs in the range
of $160,000 to $330,000 over the 10 week series for City personnel and equipment. If
needed, mutual aid from the Los Angeles County Sherriff's Department would cost
between $6,000 and $13,000 per event depending on the size of the deployment plan.
Costs would escalate if mutual aid was required from other jurisdictions as well. The
new Pier and General Fund costs are not currently included in the FY14 -15 budget or
the City's long -range financial forecast.
Prepared by: Danielle Noble, Assistant to the City Manager
Approved:
Rod Gould
City Manager
7
Forwarded to Council:
od Gould
City Manager
City Council Meeting: January 14, 2014
Agenda Item:.
To: Mayor and City Council
From: Rod Gould, City Manager
Subject: Framework for 2014 Twilight Concert Series
Recommended Action
Staff recommends that the City Council:
1. Review and comment on modifications to the Twilight Concert Series' (TCS)
framework to reposition the TCS as a community- focused Pier event, with
minimal beach overflow, and direct staff to continue to work with the Pier
Corporation to right -size the event, ensure public safety, and conform to existing
law.
2. Approve gap funding to the Pier Corporation in an amount not to exceed
$200,000 for the 2014 TCS.
3. Authorize the budget changes as outlined in the Financial Impacts and Budget
Actions section of this report.
Executive Summary
The Pier Corporation has been successful in its recent efforts to enliven and activate the
Pier through new community events, locally- focused programming, and a sponsorship -
based funding model. The Twilight Concert Series has grown significantly over the past
few years, as have the attendant public safety issues. Staff proposes that a new event
framework be applied during a year -long pilot period. This framework would apply to the
2014 TCS, other Pier Corporation - produced events, as well as events produced by the
City, private promoters, community organizations, and those that are handled through
the City's event permitting process.
The framework sets the capacity for the Pier deck and a standard layout for events,
refocuses talent and marketing to support a community -based event, ensures that
signage conforms to existing law, suggests that some concerts occur without the
jumbotron and beach speakers, and offers a revised layout for the beach overflow area.
Gap funding in the amount of $200,000 to the Pier Corporation is recommended to
mitigate some of the impacts of the framework. The City would likely incur additional
public safety costs, depending on the scalable event plan.
1
Background
In November 1983, Council created the Pier Restoration Corporation (PRC) to oversee
the reconstruction and revitalization of the Santa Monica Pier following severe storm
damage during the preceding winter
In 1985 the Santa Monica Arts Commission budgeted $7,000 for a seven -week free
concert series as part of an ongoing effort to keep the public aware that the Pier was
still open despite the devastation of the 1983 winter storms. The evening event was
named The Twilight Dance Series and was an immediate success, expanding quickly to
a ten -week series and drawing larger crowds year -by -year. By 1989 the budget
increased significantly through soliciting funds from corporate sponsors, allowing the
series to draw more popular acts, both local and international.
As the series grew in popularity, crowds on the Pier increased. By 2007 small groups of
people began congregating on the beach, enjoying picnic dinners while listening to the
music despite poor viewing opportunities. Gradually throughout that season more and
more people gathered on the beach, and speakers were placed on the Pier facing the
beach specifically to enhance the beach experience. For the final concert of that year,
featuring the Los Angeles based band "Los Lobos ", an estimated 15,000 spectators
gathered on the beach. From that time on, the series consistently drew substantial
crowds to the beach. In 2008 and 2009, attempts were made to turn the stage and
speakers away from beach in order to draw people onto the Pier, but public pressure
returned the concert setup to continue including the beach. In 2011 the jumbotron was
added to the TCS as a way to enhance the concert experience for those on the beach.
On March 9, 2010, the Council allocated $35,000 in Council Discretionary funds to save
the 2010 Twilight Dance Series, which was projected to operate at a significant deficit
due to shortfalls in sponsorship, as the 2009 series had. New sponsorships and a
robust development plan were required. Private fundraising efforts, led by the PRC and
community members, helped to fill the gap. Following that, on March 23, 2010, Council
approved an increase in Carousel rates to generate financial support for the 2010 TDS.
2
In 2011, the PRC Board's size and composition were modified, and the group was
renamed to the Pier Corporation to reflect the fact that the restoration work was
complete. The Pier Corporation became responsible for marketing, sponsorship,
community event production, special event management, filming, street performer
monitoring, community outreach and education. On February 28 2012, a new Pier
Board was appointed and the City and Pier Corporation's Services Agreement was
updated.
2013 TCS
The 2013 TCS was the 29th annual event. Ten concerts over 10 weeks (July 11 —
September 12) were staged, each with two musical acts. Sponsorships from MySpace
and approximately 40 other local and regional brands including media outlets, banks,
hotels, grocery stores, restaurants, transit, entertainment and community partners
generated $450,000, which made the series financially self- sufficient. Performances
were telecast on a jumbotron directed towards the beach south of the Pier and
broadcast on a powerful sound system. People arrived hours before the event and set
up sometimes elaborate picnic areas around a grid style walk -way system. So many
people biked to the event that the bike valet could not accommodate the demand.
Downtown streets, sidewalks, and the Pier Bridge were congested with people traveling
to and from the event.
Attendance at the 2012 TCS was estimated to be 119,000 people over the 10 concerts,
with approximately 3,000 — 5,000 people on the Pier deck during each concert and the
remainder on the beach south of the Pier. These attendance numbers were used to
generate 2013 sponsorship and marketing packages.
The 2013 TCS sponsorship packages offered presenting, featured, and supporting
sponsors multiple branding and marketing opportunities. Sponsors were provided with
booths to display and provide samples of their merchandise, naming rights to the
backstage VIP area, and signage on light poles, the stage header, banners, and
jumbotron. Sponsorship packages also included visibility in print, digital, radio, TV, and
3
theatrical releases. Off - premises signs were a significant component of sponsorship
packages.
Conflicts with Existing Law
The current operation of the Pier concerts conflicts, or may conflict with, existing law in
several ways. The Community Events Law and regulatory system do not authorize
concerts on the beach; and the distinction between a concert on the Pier with spillover
on the beach becomes harder to support when the bulk of those attending are on the
beach viewing the concert on a jumbotron, which faces the beach audience. And, many
of those on the beach drink alcohol or smoke, both of which are legally prohibited.
Additionally, the business model developed by the Pier Corporation depends on illegal
signage for revenue generation. The Santa Monica Municipal Code Sign Code (SMMC
9.52.150(a) & (f)) prohibits 'off premises signs ", which is "a commercial sign which
displays any message directing attention to a business, product, service, profession,
commodity, activity, event person, institution, or other commercial message which is
generally conducted, sold, manufactured, produced, offered or occurs elsewhere than
on the premises where such sign is located." Thus, the sale of advertising on the
jumbotron is legally problematic.
There is a general exception to the sign code prohibitions that effectively authorizes
temporary signage allowed by a Community Event Permit. The Community Events Law
allows for "temporary event signage", which consists of "non- permanent sign(s)
identifying or pertaining to the community event' that are installed within the event site
as defined by the permit. At event sites, other than the beach or parks, the logo of a
commercial sponsor or vendor may be displayed on such signs but "shall not exceed
thirty percent of the banner area, provided the sign(s) are internally oriented to the
extent possible." (SMMC 4.68.130.) Also, the temporary signs must face inward,
toward the event to the extent possible.
Therefore, TCS' sponsors and vendors could have signs on the Pier identifying the
event. Signs would need to face inward towards the event; no more than thirty percent
of such signs could be taken up with corporate logos.
Beach Events
The TCS was established to enliven the Pier. Over time the crowd has expanded from
the Pier to the beach area south of the Pier. In 2013, the crowd on the beach stretched
past the lifeguard tower parallel to Chess Park. While many people experience the TCS
from the beach, it is not a beach event. The City's Community Events Administrative
Instruction defines a beach event as one that includes a beach - related activity as a
predominant component of the event. Beach - related activities include beach sports or
ceremonies or services integral to the beach (e.g., baptisms, beach clean -ups, etc.).
Music or other amplified sound is only permitted as an incidental component of the
event.
Impact of the TCS
As the spillover crowds from the TCS grew in size on Santa Monica State Beach, so did
the related public safety and maintenance issues. Concert budgets included additional
private security and a limited number of Police Officers to manage the crowds on the
beach. As the numbers averaged about 15,000 per event in 2013, with single events as
high as 20,000 to 30,000, and approximately 2/3 of concert attendees on the beach
south of the Pier, it became apparent that more public safety personnel and more
infrastructure was needed.
Existing beach restrooms were overwhelmed by the crowds so portable restrooms were
brought to the beach on Thursday and removed after the concerts. Additional Police
and Fire Safety Officers were deployed for crowd management. The Beach Fund
absorbed $15,000 of these costs, which were not included in the 2013 TCS budget. In
addition, the Beach Fund paid for Beach Maintenance staff time each Friday morning to
clean up the considerable amount of trash left on the beach and to groom the sand area
for public use.
The primary economic impact of the Twilight Concert Series on businesses at the Pier
(and by inference those in the vicinity of the Pier) has been a consistent and substantial
increase in food sales on TCS Thursdays over other weekdays and in particular prior
Wednesdays and following Fridays. Over the 10 week period of the 2013 TCS series,
Pier restaurants reported an average increase in Thursday sales over Wednesdays and
Fridays by more than 80 and 30 percent respectively. It is also likely that other
businesses, especially restaurants on Ocean Avenue, Ocean Front Walk, Main Street
and in other areas of Downtown, experienced a spike in sales on TCS Thursdays.
Given the number of people who attended the events, parking revenue probably
increased on TCS Thursdays.
Public Safety
Any large scale event presents safety personnel with significant challenges. Crowding
impacts circulation, blocks public ingress and egress, impairs access by safety
personnel, and poses risks to both the civilians in the crowd and to enforcement
personnel who may be required to force their way through the crowd to address
emergencies. Recent evidence of the risks related to large -scale events includes the
bombing at the Boston Marathon and the riots at the Huntington Beach surfing contest.
In recognition of the special risks posed by large -scale events, Los Angeles County has
recently adopted special standards for all "mass gatherings" of more than 5,000 people.
These standards require that local agencies prepare medical action and event plans in
advance of such events. As an example, for last year's Jimmy Cliff concert on the Pier,
the county standards would have required two paramedic teams for the beach, a bike
paramedic team on the Pier, three fire safety officers and one fire supervisor. This is a
total of 10 Fire Department personnel to staff one concert.
R
The risks attendant upon any mass event are exacerbated at the Pier concert series by
the physical environment of the Pier and circumstances that have developed on the
beach. The Pier is a wooden, and therefore flammable, structure situated thirty feet
above the sand and water. Ingress and egress are very limited. Unlike a typical large
concert venue, it is simply not designed to meet the needs of the public and safety
personnel in the event of an emergency. Thus, if there were a major emergency, such
as a fire or shooting on the Pier (both of which have occurred in the past), and this
emergency arose during a concert, thousands of people would likely attempt to swarm
off the Pier at the same time as emergency personnel were attempting to move
personnel and equipment onto the Pier.
The beach, which is open space, does not have the same limits on ingress and egress.
However, other safety issues have arisen there. Crowds have become huge,
sometimes approaching thirty thousand and stretching past Tower 16. And, the crowds
are often very compact, with people laying out blankets, coolers and other belongings,
edge to edge, with no pathways between. Also, the beach is dark. In the event of a
safety emergency and sudden mass exodus, members of the public would have
difficulty seeing what was happening and avoiding falling over other people and their
gear. The darkness also impacts safety personnel's ability to assess situations and
otherwise do their work.
Additionally, many who attend the concerts on the beach drink alcohol or smoke during
the performances. This behavior is illegal on the beach, as it is on the Pier. But, on the
beach, because of the density of crowds, it is very difficult for police personnel to control
it. And, the behavior increases safety risks and enforcement challenges on the beach
because it impacts the judgment of individuals and groups, particularly in their
interactions with police or in time of emergency.
Moreover, safety risks created resulting from large -scale concerts on the Pier and
beach are not limited to those immediate areas. When huge numbers attend the
concerts, traffic impacts are very significant. The Downtown is particularly impacted,
7
sometimes to the point of gridlock. As a result, additional safety personnel must be
deployed to the Downtown to keep intersections open and protect access for
emergency personnel and vehicles. Moreover, when tens of thousands attend the
concerts, safety personnel must be diverted from the rest of the City. This means that
the residential neighborhoods to the north, east and south, will either experience
diminished services or be served through mutual aid, which is not a good option
because the City must bear the full cost of mutual aid provided in conjunction with a
planned event.
Discussion
The Pier Corporation has been successful in its recent efforts to enliven and activate the
Pier through new community events, locally- focused programming, and a sponsorship -
based funding model. In addition, privately produced yoga festivals and fitness events,
charity walks, music festivals, pep rallies, paddleboard races, and more have taken
place on the Pier. There have also been events, such as Festival Supreme, which
overtaxed the Pier and City resources and were not successful. New events, coupled
with the popularity of the Pier and its attractions among visitors and locals, have made
the Pier a year -round destination. Now that the Pier has reached a new level of visibility,
popularity and vitality, it is an appropriate time to assess the impact of the changes and
establish a sustainable framework for events.
This fiscal year, the City will grant the Pier Corporation $481,983 in support of the
Corporation's required service agreement activities, including event production and Pier
promotional activities. Over the past two years, the Pier Corporation has grown its
annual revenue base by approximately $500,000, to $1.5M, through new programming
and the establishment of a visitor's center. Additional funding has been generated from
event deck rental and carousel rental (which are split 50/50 with the City), film permits,
corporate promotions, visitor center and merchandise sales, new event - driven
opportunities and program sponsorships including $450,000 from 2013 Twilight Concert
Series sponsorship.
The growth in TCS attendance has created serious public safety concerns; the funding
model relies on illegal off - premises signage. These issues must be addressed and
remedied. Following the 2013 TCS season, an interdepartmental group from the City
Manager's Office, City Attorney's Office, Police Department, Fire Department,
Community and Cultural Services Department, as well as Pier Corporation staff and
board members and a representative from the Pier tenant's association developed the
following operational framework for the 2014 TCS.
New Framework
The following changes for Pier events could be implemented during a year -long pilot,
with additional changes to follow, informed by the implementation of the pilot. The
framework is proposed for the 2014 TCS, other Pier Corporation - produced events, as
well as events produced by the City, private promoters, community organizations, and
those that are handled through the City's event permitting process.
The impact of the recommended changes on non -TCS events is yet to be determined.
The reduced deck capacity, modified layout, absence of the jumbotron at some events,
and changes to sponsorship packages detailed below could have significant impacts on
the ability of any event to generate sufficient sponsorship and/or ticket revenue. In
addition, the new layout increases the Pier deck rental fee for ticketed events because
all events would be charged the full, not half -deck, price. It also reduces available Pier
deck parking. Additional parking, which could be secured in the 1550 Beach lot, would
be a new cost. It is likely that events that were previously self- sustaining or provided
revenue that was redirected to free community events would not be able to adhere to
this framework and break even. Event promoters would choose to move to another
venue or discontinue the event.
1. Revised Capacity and Layout: The Fire Department reviewed the capacity of the
Pier in its entirety and the parking deck space used for events. The Fire Marshall
determined no more than 8,020 people can be accommodated on the entire Pier.
The site's capacity is determined in large part by the limited of number of exits.
9
The Fire Department and Pier Corporation staff reviewed various event site plans
in an effort to identify a proposed layout for future events. Attachment A details
the proposed site plan, Plan A. This configuration relocates the stage
approximately 50 feet to the east, reconfigures temporary fencing to allow for two
new emergency exits and would require the relocation of electrical vehicle
charging stations. Additionally, the Pier deck parking spaces for production, Pier
tenant and disabled parking would be reduced from 99 to 21, necessitating
paying for 78 spaces in the 1550 Beach lot for these purposes on TCS evenings.
Plan A locates the TCS stage in area 4, which is able to bear the weight of a
seven ton vehicle. (See Attachment B: Pier Infrastructure Assessment Study.)
Some of the vehicles that may be used to load and unload TCS equipment may
exceed seven tons. When that is the case, sound, staging, or other equipment
must be unloaded within area 6, which has been reinforced to accommodate 15
— 20 ton vehicles, and carted or rolled over a plywood path 60 feet to the stage
area. This process was successfully employed during a December 2013 Stanford
University pep rally.
If the proposed Moss Avenue Bridge were to be approved as a part of the
development of the new Pier Bridge, fortification of the Pier deck drive aisle
substructures in areas 2 and 4 would be required. Therefore, if the revised
layout and stage placement becomes the standard for all Pier events, heavy
trucks could eventually be able to load and unload in area 4, adjacent to the
stage.
The Fire Department has determined that the gross area occupant load for the
TCS' proposed layout is 4,742 persons. (See Attachment C) This number would
be decreased based on the inclusion of food /concession tents, displays, and /or a
beer garden. The gross square footage includes the area of the guard shack and
T
vehicle turnaround and the Police /Fire Department parking area adjacent to the
guard shack. The occupant load was determined based on 12 square feet per
person which includes persons with chairs, blankets, and those standing.
For non -TCS events (i.e. ticketed events), the largest capacity for the Plan A
layout for the gross area occupant load was calculated at 6000 persons, standing
room only. This requires dedicated and clear exit aisles and cross aisles, plus
lighted exit signs and exit pathway lighting. An exiting plan and security plan
would also be required with the event plan submission. This number does not
include ancillary items such as concessions, bathrooms, or wine /beer gardens,
which would reduce the total net number of persons accordingly. The strict
counting of occupants entering the venue to ensure the number is maintained
would be required.
The Office of the Fire Marshal has final determination of occupant load approval
for an event based not only on layout, but also based on event type and events
and activities occurring elsewhere on the Pier that may affect total occupant load
of the entire Pier. Any event, including TCS, may be closed or shutdown to
additional occupants if conditions exist that do not allow for the safety of the
occupants due to overcrowding, crowding the stage or other similar factors that
would elicit unsafe conditions for public safety and the occupants within.
2. Emerging Talent Marketing to Locals and Public Education: One way to bring
locals to the Pier and create a sense of community is to create programming with
a local interest. Booking emerging local talent, rather than a performer with
established name recognition or a regional, national, or international fan base,
would reinforce the TCS as a community -based event and likely draw a crowd
that could mostly fit within the revised deck capacity. Targeting marketing efforts
to Santa Monica and Westside -based communities and outlets would help draw
people who live and work in the area. Enhanced public education and messaging
11
may reinforce principles like leaving no trace and laws that prohibit smoking and
alcohol use, and promote self- correcting behaviors.
3. No Off - Premises Siqns: In order to conform with the City's sign code, off-
premises signs would not be allowed. This change would eliminate many of the
promotional messaging opportunities from the various sponsorship packages.
Coupled with the reduced capacity on the Pier and a gradual drop in overall
attendance by those who watch the event from the beach, this change would
significantly impact the amount of sponsorship revenue that could be raised. Pier
Corporation staff estimates that TCS sponsorship revenue would be cut in half.
4. Pilot Removal of the Jumbotron and Beach Speakers for Some Concerts: On
March 22, 2011, Council directed staff to modify policy to allow for the installation
of video screens and /or speakers for concerts on the Pier intended to entertain
those on the beach. Since that time, the TCS has included a jumbotron directed
at the beach. Pier Corporation staff estimates a base attendance of
approximately 8,000 people per concert, regardless of the line -up. Many of these
people experience the event from the beach. Following the 2013 season, the
Police and Fire Departments recommended removing the jumbotron from some
of the 2014 concerts to redirect the event from the beach to the Pier and allow
the working group to gauge the beach overflow crowd size, with and without the
jumbotron.
While removal of the jumbotron for some of the TCS may not immediately and
completely eliminate the beach overflow, removing it may reinforce the desired
redirection of the event to the Pier, and doing so would provide important
feedback for long -term changes. Over time it is expected that this pilot would
cause event attendance to shrink. However, until that is repeatedly
demonstrated, the appropriate Police and Fire resources, including beach -based
medical carts and paramedics, would be allocated to the events per existing
12
guidelines for planned, large -scale events, and the appropriate action plans and
response plans would be put in place.
The level of public safety resources necessary would be continually assessed
based on the evening's talent, trends in crowd size, and other factors, and
modified as necessary. Staffing may include resources gained through mutual
aid, depending on the date and time of the concerts, and the availability of City
personnel. The cost for public safety resources beyond the levels employed for
the 2013 TCS would be funded with City resources, and would be scalable.
The Pier Corporation representatives on the working group feel strongly that the
jumbotron and beach - directed speakers are an integral part of the event and
create opportunities for a Pier and beach -based community experience. Removal
of the jumbotron would also reduce messaging and sponsorship platforms and
significantly revise sponsorship packages.
5. Revised Beach Configuration: The 2013 TCS elevated the Pier's status and
made it a Thursday -night destination. While the changes in talent and marketing
will likely reduce the number of attendees, new measures are proposed to deal
with people who experience the event from the beach. Open spaces are difficult
to control. Therefore, SMPD and SMFD have recommended a new layout for the
beach that creates six areas and maintains wide access lanes for better control
of the beach crowd. More portable restrooms would be installed on the sand and
removed each week, as well as sand fencing under the Pier to discourage
bathroom activity. Private security staff would set up and maintain access lane
cones and monitor the congested bike path.
13
Long -Term Additional Changes to Consider
There are likely other changes that the Pier Corporation could make to the TCS to
create a more sustainable and community -based event and address public safety
concerns. In addition to the items noted above, additional changes could be applied
during one, some, or all of the concerts, and evaluated for impacts on crowd size,
fundraising, or other elements. These items have not been included in the 2014
framework because of operational challenges and timing issues. Rather they are
suggested as items for the Pier Corporation to consider. The additional information
gathered from strategies like the ones noted below or others would further advance
efforts to identify a sustainable long -term framework.
1. Shoulder Season Events: The TCS was originally intended to enliven the Pier.
Since that time, Santa Monica's beachfront has become a destination for
regional, national, and international visitors, especially during the summer
months. Scheduling more or all of the TCS after the Labor Day weekend when
public safety resources are less taxed and the city is less impacted by visitors
would help to refocus the events as attractions for local residents. This change
would also reduce the need to call back additional public safety personnel or rely
on mutual aid to staff the concerts, as most personnel would be redeployed
rather than added.
2. Time of Day /Day of We Scheduling changes could also be considered.
Starting concerts later in the evening or scheduling on a different day may impact
attendance.
3. Reduction in TCS Lenqth: Fewer events would mean less costs associated with
talent, public safety personnel, and other event - specific costs. However, since
sponsor dollars are based on attendance numbers, a decrease in the number of
concerts would decrease sponsorship revenue.
14
4. Ticket Model: It may be possible to generate additional revenue for the TCS by
asking for a donation or charging a nominal fee (less than $5) to watch an event
from the Pier deck. Collecting fees from concert-goers presents staffing
challenges and introduces a cash - handling function to the event. One alternative
is to move to an electronic ticketing model, with all transactions occurring prior to
the event. More investigation would be needed to determine if this could be
implemented for the 2014 season and the associated start-up costs.
5. Private Fundraising: Additionally, revenue could be generated by engaging
community members to form a "Friends of the Pier" fundraising group to solicit
private donations, securing grants, or developing a way to donate by text. These,
too, would require an investment of energy from Pier Corporation staff.
6. Seating Areas: Some of the people who experience the TCS from the beach do
so because it is more comfortable to sit, rather than stand, through the event. It
may be possible to recreate this experience on the Pier by designating specific
areas of the deck for seating in chairs (both low chairs and high chairs). Aisles
and access points would be created, as well as access for disabled persons.
However, any seating area would reduce the capacity on the Pier Deck and the
purchase or rental of chairs would be a new cost for the Pier Corporation.
6. Volunteers: Volunteers could supplement an enhanced public education effort by
reinforcing principles like leaving no trace and laws that prohibit smoking and
alcohol use.
2014 Budget
The proposed framework would result in new one -time City costs for relocating the EV
chargers ($5,000).
15
Changes to the TCS' fixed costs would include a small reduction in equipment rental
costs due to loss of the jumbotron for some of the concerts, a new cost of $28,080 to
pay for the 78 parking spaces in the 1550 lot, and additional costs for private security,
sand fencing, and portable restrooms on the beach (estimated at $13,200). The budgets
for talent and marketing would be reduced. Public safety personnel would be
determined based on anticipated crowd size. Costs beyond the 2013 amount of
approximately $55,000 for Police, Fire, and Harbor Patrol would be absorbed by the
City.
With these changes, the 2014 TCS budget would be approximately $400,000. The Pier
Corporation has estimated that under the new framework, sponsorship revenue would
at least be cut in half, to $225,000, and possibly much less than this. It is difficult to
accurately estimate the projected budget deficit at this time, as the new framework
would necessitate a significant change to the sponsorship assets and therefore the
revenue generated from partners. It is also not possible to estimate crowd size absent
a lineup and certainty about the event schedule. Nor is it possible to estimate how
much revenue might be garnered from ticket sales or donations, should the Pier
Corporation move forward with those ideas. Therefore, staff recommends that the
Council approve gap funding in an amount not to exceed $200,000, which is half of the
2014 TCS budget, to support the 2014 TCS and direct staff to continue to work with the
Pier Corporation to right -size the event to ensure public safety and conform to existing
law.
In order to implement the new framework, gap funding to the Pier Corporation in an
amount not to exceed $200,000 for the 2014 TCS and additional City costs for
relocating EV chargers and public safety personnel as necessary depending on the
scalable event plan, would be incurred.
Next Steps
Should Council approve the proposed framework, the Pier Corporation would begin to
develop sponsorship packages, secure talent, calendar and market the event, and
16
develop public education messaging. The Pier Corporation would also submit a
FY14/15 work plan and budget that reflects the Council- approved framework. City staff
would relocate the EV charging stations.
The working group would assess the impact of the new event framework on the
sustainability of the TCS and other Pier -based events and provide a report to Council
and associated recommendations, if any.
Alternatives
As an alternative to staff's recommendation, the Council could:
1. Direct staff to return with modifications to the City's sign code to allow off-
premises signs. This would assist the existing sponsorship model but would not
address public safety.
2. Provide an ongoing subsidy to the Pier Corporation to support future TCS
3. Not approve gap funding for the 2014 TCS and direct the Pier Corporation to
develop a self- sufficient business model or indicate if that is not possible
4. Make additional changes to the event framework
5. Prioritize some elements of the framework over others
6. Direct the Pier Corporation to implement a ticket or donation model for Pier
events
7. Cancel the 2014 TCS and give direction to significantly change the event and
bring it back in 2015
8. Cancel the TCS completely and direct the Pier Corporation to focus on
community events that can be contained on the Pier deck, if feasible
Pier Corporation Board of Directors
Three members of the Pier Corporation's Board of Directors, as well as Pier Corporation
staff, participated in the working group. The Pier Corporation Board will discuss the
framework for the 2014 TCS and applicability to other Pier events at its January 7, 2014
17
meeting. Members of the Board will provide a verbal report to Council during the
January 14, 2014 meeting and the Board's recommendations and alternatives.
Financial Impacts & Budget Actions
Implementing modifications to the Twilight Concert Series framework will result in
additional immediate costs of $205,000, and in the City incurring additional unbudgeted
costs for Police and Fire Department personnel. An appropriation totaling $200,000 to
account 30209.577300 for FY 2013 -14 is requested to implement the Twilight Concert
Series framework modification. Public Works staff will relocate the EV chargers. Funds
will come from the Pier Fund balance. Future year costs will be determined based on
information from the pilot year. Staff will return to Council if specific budget actions are
required in the future; appropriations in future years are contingent on Council approval.
Prepared by: Danielle Noble, Assistant to the City Manager
Approved:
Forwarded to Council:
Rod Gould Rod Gould
City Manager City Manager
Attachments:
A. Pier Deck Event Layout — Plan A
B. Pier Infrastructure Assessment Study
C. TCS Max Gross Occupancy Load
iU
�rs Y
F IC. PAR.K__.-
i®na
l
*'ark nvRv /4-
OCEAN' � � 9 0 I $I VoLLY6llL —�_ WUftls
c m e. � s u auvio
` m a
� 6 /oe oqmao ap.e aoo ...........
vQ ry eo mo •caeaouo emp ep ae oo 09oeoe I '
I sEAnoN
j 4 0
k
c,
\
\
<
j
+
/
a
Al
v
v
�
R
�
�
*tCh"A+$
Figure !
■
\{
D
i»