CITY COUNCIL AGENDA ITEM
Meeting Date: September 26, 2006
Subject/Title: Adopt a Resolution authorizing the fee waiver to the
Brentwood Arts Commission in the amount of $11,151 for costs associated with
city facilities and services provided for the Brentwood Art, Wine and Jazz
Prepared by: Rebekah Burr-Siegel, Arts Manager
Submitted by: Craig D. Bronzan, Director of Parks and Recreation
Adopt a Resolution authorizing the fee waiver to the Brentwood Arts
Commission in the amount of $11,151 for costs associated with city
facilities and services provided for the Brentwood Art, Wine and Jazz
On June 14, 2005, the City Council approved Resolution no. 2005-143 adopting
the 2005/06-2006/07 Operating Budget for the City of Brentwood.
On January 24, 2006, the City Council approved Resolution no. 2006-18
amending the Council/Administrative Policy Manual to add a new Policy No.
10-12 related to the polices and procedures for requests for use of City
On September 12, 2006 City Council approved the Temporary Use Permit (TUP)
for the Brentwood Art, Wine and Jazz Festival.
The Brentwood Art, Wine and Jazz Festival is in its 6th year of sponsorship
by the City of Brentwood’s Arts Commission. The purposes of the event is 1)
a fund raiser for the programs offered by the Arts Commission; and 2) a
unique opportunity to showcase a wide variety of local talents, including:
visual artists, musicians, vocalists, restaurants, wineries, and
micro-breweries; and 3) to promote the downtown area businesses.
The revenues received will be used to fund future Arts Commission sponsored
programs including (but not limited to): Art, Wine and Jazz Festivals, the
CityRead program co-sponsored by the Arts Commission and the Friends of the
Library, poetry contests, the City’s Poet Laureate, the Art Gallery at the
Brentwood Education and Technology Center, Art Education programs at the
Marsh Creek Clean-up and connected to the Art Docent program at Brentwood
Unified School District, the annual Sing-Along Messiah, and the East County
The Brentwood Arts Commission submitted a fee waiver application totaling
$11,151 for costs associated with the use of the City’s Community Center and
City Park ($2,430), mobile stage ($4,221), police ($4,000), and solid waste
services ($500). Use of City Funds Policy No. 10-12 states that fee waiver
or fee reduction requests over $5,000 must be approved by the City Council.
After review of the application, staff feels this request meets the criteria
outlined in the policy related to the Department Sponsored Program.
The fee waiver amount of $11,151 was not budgeted in the 2006/2007 Operating
Budget. If not granted, the costs associated with the fee waiver request
become the responsibility of the Arts Commission which has not budgeted for
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING A FEE
WAIVER TO THE BRENTWOOD ARTS COMMISSION IN THE AMOUNT OF $11,151 FOR COSTS
ASSOCIATED WITH THE CITY FACILITIES AND SERVICES PROVIDED FOR THE BRENTWOOD
ART, WINE AND JAZZ FESTIVAL
WHEREAS, on June 14, 2005, the City Council approved Resolution No. 2005-143
adopting the 2005/06-2006/07 Operating Budget for the City of Brentwood; and
WHEREAS, on January 24, 2006, the City Council approved Resolution No.
2006-18 amending the Council/Administrative Policy Manual to add a new
Policy No. 10-12 related to the polices and procedures for requests for use
of City Funds (the “Policy”); and
WHEREAS, the Brentwood Arts Commission’s annual Art, Wine and Jazz Festival
has become a long-standing community-based event; and
WHEREAS, the event also provides a unique opportunity to showcase our local
artist, musicians, wineries, micro-breweries and Downtown; and
WHEREAS, after review of the application, the Director of Parks and
Recreation has determined the request meets the list of said criteria
outlined in the Policy and is attached hereto as Exhibit A; and
WHEREAS, the Brentwood Arts Commission has submitted a fee waiver
application totaling $11,151 for costs associated with the rental of city
facilities as well as for police services, and solid waste services
associated with the Brentwood Art, Wine and Jazz Festival; and
WHEREAS, the fee waiver request by the Brentwood Arts Commission is subject
to Council approval.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Brentwood
authorizes a fee waiver to the Brentwood Arts Commission in the amount of
$11,151 for costs associated with the rental of city facilities as well as
for police services and solid waste services associated with the Brentwood
Art, Wine and Jazz Festival.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held on the day of September 26, 2006 by the following
Request for Fee Waiver and/or Fee Reduction Application Procedures
ALL fee waiver and/or fee reduction requests must be made in writing by
using the attached application and must fall under one of the following
Department Sponsored Program
Financial Hardship / Non-Profit
Private Community Benefit
Fees may be waived and/or reduced for events and programs if the Director
determines that the following criteria are met:
1. The agency is a 501(c)(3) or (c)(6) non-profit organization;
2. The organization provides proof it is a valid non-profit or community
service organization serving the citizens of Brentwood;
3. The imposition of fees would create a financial hardship on the
organization or would have a detrimental effect upon the services provided
to the public;
4. The service provided by the City is within the scope of services normally
provided by the respective Department;
5. Appropriate recognition as co-sponsor or partner of the event or program
is provided for the City of Brentwood on all promotional materials and at
the event or program and such promotional materials are approved by the
Graphic Standards Committee. All promotional materials representing the City
must follow the graphic standards guidelines;
6. The program or event is determined by City Council, the City Manager or
the appropriate Department Director to provide a public benefit and be of
significant value to the community or to a significant portion of its
7. All resources provided by the City in sponsorship of the event must be
provided for within the Department’s current budget allocations without a
reduction of services;
8. The event or program is open to the public and is in compliance with the
City’s non-discrimination policy. Whether the event or program is in
compliance with the City’s non-discrimination policy will be determined by
the appropriate Department Director and may be appealed pursuant to the
terms of this policy;
9. It is determined that the proposed event or program will have no
significant impacts on the facilities or department activities, that the
permittee will provide volunteer services and materials to mitigate any
impacts created by the event or program, or that the impacts are adequately
offset by the public benefit provided by the program or event;
10. It is determined that no profit will be made from the event by the
permittee or by any other individuals or private business; or, If a fee is
charged, a reasonable portion of the proceeds will be paid to the City.
Determination of a fee amount will be based on the information provided in
the attached “Schedule A” worksheet.
11. A certificate of insurance or statement of self-insurance and hold
harmless agreement must be provided by the permittee and should include the
following language: Contractor or event sponsor shall hold harmless, defend
and indemnify the City of Brentwood (City) and its officers, officials,
employees and volunteers from and against any and all liability, loss,
damage, expense, costs (including without limitation costs and fees of
litigation) of every nature arising out of or in connection with
contractor’s or event sponsor’s performance or work hereunder or its failure
to comply with any of its obligations contained in the agreement, except
such loss or damage which was caused by the sole negligence or willful
misconduct of the City.
Minimum limits of insurance are $1,000,000 for General Liability, Automobile
Liability, Employer’s Liability and Errors and Omissions. In most cases, the
insured party will need to supply an endorsement naming the City of
Brentwood as additional insured. This documentation must be provided to the
City at least fourteen (14) business days prior to the start of the event.
Any exceptions to the insurance requirement must be approved in writing by
the Assistant City Manager or its designee.
12. Scheduling and use of facilities and events are subject to availability
of requested facilities and do not have preference over City programs and
activities or previous commitments to outside parties.
13. Reasonable steps shall be made by the permittee to minimize impacts to
City facilities, programs, and residents.
14. Within 30 days of completion of any event in which a donation was
received, the permittee will provide a written report to the respective
Department Director of the event, to include at a minimum: number of
participants; event revenue and expenses; copies of all publicity of the
event; any benefit to the community and an accounting of where/when/how the
proceeds of the event will be dispersed.
15. Failure to abide by the rules and procedures as set forth in this
document will result in the respective permittee being denied for funding
and ineligible to request future fee waiver and/or fee reductions.