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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 3

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 Festival.

Prepared by: Rebekah Burr-Siegel, Arts Manager

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

RECOMMENDATION
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 Festival.

PREVIOUS ACTION
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 Funds.

On September 12, 2006 City Council approved the Temporary Use Permit (TUP) for the Brentwood Art, Wine and Jazz Festival.

BACKGROUND
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 Concert Band.

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.


FISCAL IMPACT
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 this expenditure.

Attachments
Resolution

RESOLUTION NO.

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 vote:

AYES:
NOES:
ABSENT:
ABSTAIN :

Exhibit A

Policy 10-12
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 categories:

Intergovernmental Cooperation
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 residents;
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.
 

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