DATE: June 12, 2018
SUBJECT:
Title
RESOLUTION AUTHORIZING AN AGREEMENT WITH THE SAN DIEGO SYMPHONY ORCHESTRA ASSOCIATION FOR SPONSORSHIP OF THE 2018 BAYSIDE SUMMER NIGHTS CONCERT SERIES IN A NOT-TO-EXCEED AMOUNT OF $265,842 IN DISTRICT SERVICES. ALL FUNDS REQUIRED FOR FY2019 WILL BE BUDGETED IN THAT FISCAL YEAR, SUBJECT TO BOARD APPROVAL UPON ADOPTION OF THAT FISCAL YEAR’S BUDGET
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EXECUTIVE SUMMARY:
At its April 10, 2018 meeting, the Board of Port Commissioners approved a line item budget for the FY19 Port of San Diego Tidelands Activation Program, authorizing staff to develop agreements with applicant organizations for the District sponsorship of 66 special events on or adjacent to District tidelands. Under the FY19 Tidelands Activation Program, the San Diego Symphony was awarded $265,842 in waived fees for District services for its Bayside Summer Nights concert series. As the amount of this District sponsorship exceeds the $175,000 threshold for service agreements that may be approved at the staff level, Board approval is required for this proposed agreement.
RECOMMENDATION:
Recommendation
Adopt a resolution authorizing an agreement with the San Diego Symphony Orchestra Association, a nonprofit organization, for sponsorship of the 2018 Bayside Summer Nights concert series in a not-to-exceed amount of $265,842 in District services.
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FISCAL IMPACT:
The $265,842 in District services for this sponsorship consists of waived fees for use of District facilities and services, which will be tracked and accounted for throughout the year.
Compass Strategic Goals:
The Tidelands Activation Program, and specifically the sponsorship of the San Diego Symphony Bayside Summer Nights concert series, attracts visitors to the waterfront, and continues to provide a popular entertainment offering to the public while generating incremental revenue to District tenant businesses. This agenda item supports the following Strategic Goal(s).
• A Port that the public understands and trusts.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port with a comprehensive vision for Port land and water uses integrated to regional plans.
• A financially sustainable Port that drives job creation and regional economic vitality.
DISCUSSION:
At its April 10, 2018 meeting, the Board of Port Commissioners approved a line item budget for the FY19 Port of San Diego Tidelands Activation Program in an amount not to exceed $776,700 and District services not to exceed $1,148,096. This Board action authorized staff to develop sponsorship agreements for the proposed funding and/or fees for District services for 66 special events, subject to appropriate environmental analysis under the California Environmental Quality Act (CEQA).
The proposed sponsorship agreement for the San Diego Symphony Bayside Summer Nights concert series is for $265,842 in District services, in the form of waived fees for the use of Embarcadero Marina Park South and adjacent parking. As this amount exceeds the $175,000 threshold for service agreements that may be approved at the staff level, Board approval is required for this proposed agreement, which is included as Attachment A.
Under this agreement, the Symphony will provide the District with promotional considerations in return for the waiver of park fees. Additionally, the Bayside Summer Nights Series is expected to attract more than 65,000 people in 2018 to the Port tidelands to enjoy a unique musical experience and frequent Port tenant businesses, including restaurants, parking facilities, hotels, and retail establishments.
The agreement is separate from the Tidelands Use & Occupancy Permit (TUOP), under which the Symphony occupies the District’s Embarcadero Marina Park South to conduct the 2018 Bayside Summer Nights Series that runs from June 29 through September 2, 2018.
General Counsel’s Comments:
The Office of the General Counsel has reviewed and approved the agreement as to form and legality.
Environmental Review:
The proposed Board direction or action, including without limitation, a resolution authorizing an agreement for sponsorship of the 2018 San Diego Symphony Bayside Summer Nights Concert Series was previously analyzed under the Final Subsequent Mitigated Negative Declaration (SMND) that was adopted by the Board on March 13, 2007 (SCH #2007021029, UPD #83356-SMND-211, Clerk Document No. 51555, filed on March 14, 2007), as well as under the Addendum to the SMND that was prepared in 2010 to document modifications to the noise monitoring mitigation measures (Clerk Document No. 56435, filed on April 20, 2010). The proposed Board direction or action and the proposed project are consistent with the project described in the SMND and Addendum as it proposes a concert series of 37 concerts or less, with a maximum capacity of 5,200 patrons per concert. Additionally, the concerts will be for the same time and duration (typically between 7:00 p.m. and 10:00 p.m., with the exception of four concerts ending no later than 10:30 p.m. on Thursdays, Fridays, Saturdays, and/or Sundays). Mitigation measures are included in the SMND and Addendum to reduce the potentially significant noise, vehicular and pedestrian traffic, parking, and visual quality impacts to below a level of significance. All mitigation measures will be implemented for the proposed project and enforced through the Coastal Development Permit (CDP) and the Tideland Use and Occupancy Permit. Therefore, the proposed project is consistent with the project analyzed in the 2007 SMND and 2010 Addendum. No further environmental review is required.
In addition, the proposed Board direction or action and the proposed project comply with Section 87 of the Port Act, which allows for the construction, reconstruction, repair, maintenance, and operation of public buildings public assembly and meeting places, convention centers, parks, playgrounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including, but not limited to, public golf courses, and for all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any of those uses. The Port Act was enacted by the California Legislature and is consistent with the Public Trust Doctrine. Consequently, the proposed project is consistent with the Public Trust Doctrine.
Finally, on May 6, 2014, the Board authorized the issuance of a non-appealable CDP (CDP-2014-01) for the San Diego Symphony Orchestra Association to operate a summer concert series (Resolution No. 2014-105, Clerk Document No. 61839). Compliance with all mitigation measures set forth in the in the SMND and Addendum was a special condition of the CDP. The proposed Board action or direction and the proposed project would allow for furtherance of the project authorized under CDP-2014-01. No further approvals are required pursuant to the California Coastal Act or the District’s CDP Regulations.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Yvonne Wise
Director, Waterfront Arts & Activation
Jim Hutzelman
Manager, Business Development & Recreation Services
Waterfront Arts & Activation
Attachment(s):
Attachment A: TAP Agreement - San Diego Symphony - 2018 Bayside Summer Nights Series