HomeMy WebLinkAbout17 - Request for Fee Modification for Lido Live located at 3459 Via LidoCTY OF
F
NEWPORT BEACH
City Council Staff Report
April 14, 2015
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: Kimberly Brandt, AICP, Community Development Director
PHONE: (949) 644 -3226
TITLE: Request for Fee Modification for Lido Live located at 3459 Via Lido
ABSTRACT:
A request to modify the fees charged for Police services for 19 special events conducted at the Lido
Theater from November 15, 2014 to March 20, 2015.
RECOMMENDATION:
a) Find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect physical change in the
environment) and 15260(c)(3) (the activity is not a project as defined in Section 15378) of CEQA; and
b) Approve a modification of the Police service fee for 19 Lido Live special events to $597.76 per event,
which will reduce the outstanding balance from $22,085.70 to $8,899.58, a $13,186.12 reduction.
FUNDING REQUIREMENTS:
Staffs recommendation will reduce the General Fund fees for service revenues by $13,186.12. The fees
are collected for the intent of offsetting the overtime costs incurred by Police personnel that staffed the
special events.
DISCUSSION:
Beginning in September 2014, Lido Live (applicant) began holding live concerts in the Lido Theater located
in Lido Marina Village. In terms of the City's zoning regulations, live performances at the theater are
considered a permitted use which would not require any additional permits from the City. However, the
applicant also wished to serve alcoholic beverages during the concerts, which does require a conditional
use permit. Conditional use permits are reviewed and acted upon by the Planning Commission. Lido Live
does not have a conditional use permit today. Until such time as it receives /received one, the applicant
applied for and was granted separate special event permits for alcoholic beverage service at the theater.
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As part of the Special Event permit review process, the Police Department evaluates the need for Police
services at each live concert and required that each concert be staffed by Police personnel. The costs of
the Police services has varied from $672.48 to $3,195.20, depending on the nature of the concert. All of
the Special Event permits included a condition requiring the applicant to pay for the Police staffing.
As can be noted in Attachment CC 1, the applicant presently has an outstanding balance of $22,085.70
associated with 18 events . Staff has met with the applicant to discuss the necessary Police staffing for the
past and future events. We note that the past concerts have not resulted in any public safety issues, which
were attributed to the applicant's targeted audience demographics, security team, and operation plans. It
was also noted that the applicant was an unknown operator at the onset of the concert series.
It was agreed that moving forward (until such time as the applicant applies for and receives a conditional
use permit), Police staffing would be limited to two officers per event at four hours each, unless the Police
Department felt additional personnel at a particular concert were necessary. The proposed staffing
level equals $597.76 per event
The applicant also agreed to pay for the Police services at the time of the issuance of the Special Event
permit. The applicant believes that the staffing levels and corresponding costs at the past concert events
have been excessive and is seeking relief. Knowing what we know now, staff believes that $597.76 could
be applied to 19 of the past events. Pursuant to Municipal Code Subsection 3.36.030(E) the Council has
the authority to waive fees for service.
Although the applicant supports the revised Police service fee of $597.76 for the past 19 events, the
applicant has requested that the modified fee be applied to all past special events, including the first three
concerts for which the Police service fee has already been paid in full. These three concerts occurred in
2014 on September 20, October 24, and November 8, 2014. Should the Council approve this request, the
revised Police service fee would be reduced from $5,951.84 to $1,793.28 for those three concerts, a
reduction of $4,158.56. Since the applicant has already paid these fees, the overage will be applied to the
applicant's outstanding balance.
It should be noted that the applicant has applied for a conditional use permit to allow the service of beer as
part of its operations. Both the Port Theater and Island Cinemas have conditional use permits that allow for
alcoholic beverage service. Should the Lido Live conditional use permit be approved, then the applicant will
not need to apply for special event permits and a security plan would be required that would eliminate the
need for on -site Police staff to be present at any concert event.
Alternatives
As discussed above, Council has the authority to waive /modify the City's fees for service. The Council may
waive the fees in their entirety, modify the fees as recommended by Staff or as requested by the applicant,
or deny the request and require full payment of the fees.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably indirect
physical change in the environment) and 15260(c)(3) (the activity is not a project as defined in Section
15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly. Any future
development application would be reviewed for compliance with CEQA requirements.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the items).
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ATTACHMENTS:
Description
Attachment CC 1 - Lido Live Fees for Service
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