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CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: May 9, 2006

Subject/Title: Approve a Resolution approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce related to the scope of City services and estimated City fees for the 2006 Cornfest Event and authorize the City Manager or her designee to execute the Memorandum of Understanding

Prepared by: Gina Rozenski, Redevelopment Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve a Resolution approving a Memorandum of Understanding between the City of Brentwood and the Brentwood Chamber of Commerce related to the scope of City services and estimated City fees for the 2006 Cornfest Event and authorize the City Manager or her designee to execute the Memorandum of Understanding.

PREVIOUS ACTION
None.

BACKGROUND
The purpose of the three-day, annual Cornfest event remains community-based as a major funding source for local service organizations (Rotary, Soroptomists, Kiwanis, etc.) and local non-profits (Delta Resource Center, school organizations, cancer society, etc). It is also provides significant revenue for the Chamber to continue its annual programs and projects that support Brentwood’s business community, and provides a unique opportunity to showcase our Downtown.

Over the past several years, the City has provided police and public works services to support the Chamber-sponsored Cornfest event, held each July in Downtown Brentwood. The regional nature of the event has required ever-increasing police services to maintain safety levels necessary to protect the event attendees, vendors, operators and property. Most importantly, police activities are necessary to protect the City from unknown liability associated with an event of this nature in our Downtown and City Park. Services provided by the City’s Public Works Department range from recycling plans to clean-up and repair of City Park.

The City has not charged the Chamber for the full cost of City-support services for the Cornfest in the past. However, free City services are no longer financially feasible. In turn, the Chamber of Commerce wants to understand, in advance, the range of costs expected from the City in order to effectively manage their budget, to determine funding levels to local service and non-profit organizations, and to evaluate whether the Cornfest can even occur.

Staffs from City and Chamber have been meeting for several months to discuss how to restructure the Cornfest from a regional event which encourages large crowds requiring heavy police services to a more community, family-friendly event that will result in a reduction of City services. To this end, the following are highlights of structural changes to the Cornfest starting in 2006 that the City and Chamber have agreed upon:

• Chamber Board has appointed themselves as Cornfest Board holding monthly meetings separate from the Chamber Board meeting. This is significantly different from past Cornfest administration where a Cornfest “president” was elected with little oversight of activities, music and budget. This change has provided an overall tighter focus and control of the event.

• Change the focus of Cornfest to a community event for Brentwood citizens rather than a regional event.

• Schedule the fireworks on Friday night, rather than Saturday night, where all-day drinking is avoided prior to a “grand finale” occurrence.

• Event to close by 10:30 pm on Friday, 8pm on Saturday, and 6pm on Sunday.

• Stop beer/wine sales 1 hour before closing, except on Friday where sales will stop 1-1/2 hours before closing. Cost of beer/wine will be more expensive and served in smaller glasses.

• No regional radio or newspaper advertising.

• Hire only local area bands; avoid headliners. The music selection shall change to mature and melodious (e.g. oldies but goodies) at 5:00 pm each afternoon.

The loss of 2-1/2 hours from Saturday night and moving the fireworks to Friday night will translate to a safer environment and reduced police services. Traditionally our Brentwood citizens attend on Friday to avoid the summer heat and crowds on Saturday and Sunday. Friday night fireworks will encourage and reward this family-friendly evening. A separate staff report requesting City funding in the amount of $20,000 for the fireworks is on tonight’s agenda.

The discontinuance of liquor sales before nightfall and the change of music type for the event will create a more family-friendly atmosphere and discourage regional attendance. Closing Saturday and Sunday during daylight hours will help police to monitor and control unwanted groups that spill-over into local bars.

A strategically intentional addition this year is the participation of our Parks & Recreation Department to manage and operate the recreational activities on Saturday, to be known as Family-Fun Day. This day will showcase family and children recreational activities, games and crafts. A separate staff report requesting City a fee waiver in the amount of $8,732 of community facilities, materials and services to support these recreational activities is on tonight’s agenda.

To avoid past practice where the City did not receive full reimbursement from the Chamber for the costs associated with supporting the Cornfest each year, the proposed Memorandum of Understanding outlines the role and responsibilities of the parties, the scope of City services and estimated costs, and acknowledges that unforeseen situations shall be treated as “change orders”. Both parties agree that this type of agreement and the recent, open dialogue to revise the past implied cooperation between the parties to one of intended partnership has been the best to date, with the hopes of making the 2006 Cornfest equally the best to date.

FISCAL IMPACT
It is unknown at this time what the exact amount of the City fees will be since the level of services is dependent on situations and circumstances that will occur during the three-day event. If no unforeseen situations occur, the reimbursement by the Chamber for City services for the 2006 Cornfest, under the terms and conditions of the MOU, is estimated at $36,000.

A request to fund the cost of fireworks ($20,000), and the fee waiver ($8,732) under the Council’s new non-profit funding policy are addressed in a separate staff report on tonight’s consent calendar agenda. The fee waiver of $8,732 will become reimbursable by the Chamber under the proposed MOU if the City Council either denies the Chamber’s fee waiver request or disapproves a 2006/07 budget amendment for this amount.

Attachment:
Resolution
Memorandum of Understanding

RESOLUTION NO.

A RESOLUTION OF THE CITY OF BRENTWOOD APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BRENTWOOD AND THE BRENTWOOD CHAMBER OF COMMERCE RELATED TO THE SCOPE OF CITY SERVICES AND ESTIMATED CITY FEES FOR THE 2006 CORNFEST EVENT AND AUTHORIZE THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE MEMORANDUM OF UNDERSTANDING.

WHEREAS, the purpose of the three-day, annual Cornfest event remains community-based as a major funding source for local service and non-profit organizations, provides significant revenue for the Brentwood Chamber of Commerce (“Chamber”) to support its annual programs and projects to support Brentwood’s business community, and provides a unique opportunity to showcase our Downtown; and

WHEREAS, over the past several years, the City of Brentwood (“City”) has provided police and public works services to support the Chamber-sponsored Cornfest event. The regional nature of the event has required ever-increasing City services to maintain safety levels necessary to protect the event attendees, vendors, operators and property; and

WHEREAS, the City has not charged the Chamber for full City services related to the Cornfest events in the past. While the City continues to philosophically support the Cornfest event, free City services are no longer financially feasible; and

WHEREAS, the Chamber wants to understand, in advance, an estimate of costs expected from the City in order to effectively manage their budget, to determine funding levels to local service and non-profit organizations, and to evaluate whether the Cornfest event can occur based on financial obligations; and

WHEREAS, the City and Chamber have agreed to memorialize their understanding related to the 2006 Cornfest event by outlining the parties’ roles and responsibilities, the scope of City services and estimated costs, and the intent of the 2006 Cornfest as a community-oriented, family-friendly event, rather than a regional event, in a Memorandum of Understanding.

THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood that it approves a Memorandum of Understanding between the City and the Brentwood Chamber of Commerce related to the scope of City services and estimated City fees for the 2006 Cornfest and authorizes the City Manager or her designee to execute the Memorandum of Understanding.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 9th day of May 2006 by the following vote:
 

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