One-Year Pact Worked Out for Starlight Amphitheatre

After more than three months of intense negotiations, Burbank city officials and the new manager of the troubled Starlight Amphitheatre have reached a tentative agreement for the operation of the city-owned facility.

The contract puts a preliminary audience limit of 4,000 on performances at the amphitheater, which can seat 6,000, and requires Tim Pinch of Tim Pinch Productions to present a “wide variety” of entertainment.

City officials said the contract protects them from financial obligation in the Starlight’s operation and allows the city to terminate the contract if they do not like Pinch’s programming choices.

If the agreement is approved by the City Council later this month, shows and concerts could be presented at the open-air theater by June, said Pinch, who listed singer Tony Bennett and jazz guitarist Earl Klugh as possible acts during the summer.

Except for city-sponsored events, the amphitheater has gone unused since August, 1984.

Pinch said he did not want to make any commitment on the entertainment he will present until council approval. He said he has talks planned with several promoters interested in booking shows at the Starlight.

‘Do What I Need to Do’

“I’m really happy, and I think it’s a very fair contract,” said Pinch, 32. “It gives me the opportunity to do what I need to do. If I’m successful, I will be welcome.”

Pinch has staged concerts and television shows but has not managed an entertainment facility.

Parks and Recreation Director Richard R. Inga said he will ask the council Tuesday to refer the contract back to the Parks and Recreation board of directors and a review board for study. If both boards approve the contract, it will be submitted to the council for final approval March 11.

Inga said he also wants to examine Pinch’s plans and strategy to determine if Pinch is capable of running the Starlight without assistance from the city.

Although allowed to book acts without first getting city approval, Pinch is required to present a “broad variety of entertainment programming,” according to the contract. Failure to do so would be considered a material breach of the contract and lead to termination of the pact, officials said.

The city had wanted to retain the right to cancel Pinch’s contract without liability if it was not happy with his programming choices.

City officials have previously interfered with promoters who wanted to book rock groups at the Starlight. The city is currently appealing a $4.6-million judgment against it by a Los Angeles Superior Court jury, which found that the First Amendment rights of a promoter were violated when the firm was prevented from staging rock concerts at the Starlight during the late 1970s.

Pinch said he will not present just one type of act at the Starlight, such as exclusively country music concerts.

Negotiations on the Starlight contract bogged down in December when Pinch claimed that officials were unreasonable in insisting on audience limits. The city wanted to limit audience size because residents near the Starlight complained about traffic and noise.

Under the tentative agreement, audience size is held to 4,000 unless Pinch can get city approval of a park-and-ride plan. If the plan is approved, Pinch could sell up to 6,000 tickets.

Pinch has stated that, in order for the Starlight to be profitable, he needs to sell 6,000 tickets.

The contract also allows Pinch to book an unlimited number of performances throughout the year as long as attendance for each is less than 2,500. He can present no more than 10 concerts a month if the attendance is more than 2,500.

Pinch also told city officials that he believed his one-year contract should be extended to as long as 15 years if he is able to turn around the fortunes of the Starlight. He said he would need some kind of security to attract adequate financial backing to operate the Starlight.

Pinch still has a one-year contract, but with two options: one for an additional two-year period and another for an additional three-year period.

To rent the Starlight, previous operators had been required to pay the city 5% of the gross receipts or $10,000 per year, whichever was greater. Pinch will pay either $15,000 this year, $25,000 in 1987 and $35,000 in 1988 or 5% of gross receipts, whichever is greater.

Pinch said he will not make any capital improvements to the Starlight during the first three years. During the option periods, he can credit expenditures for capital improvements against a maximum of 5% of the gross receipts.

He also must pay actual costs of police, fire, custodial and maintenance services.