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15 Staff Report - Rescinding Resolution 1997-126COUNCIL AGENDA REPORT DATE: November 13, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: MEETING DATE: 12/1/03 ITEM NO. ADOPT A RESOLUTION RESCINDING RESOLUTION 1997-126, "RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING MUSIC IN THE PLAZA GUIDELINES" RECOMMENDATION: Adopt a Resolution rescinding Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines." (Attachment 1) BACKGROUND: Music in the Park (formerly Music in the Plaza) is a free summer concert series that has been produced by the Town's Arts Commission for close to 15 years. The series of 10 to 12 concerts has become a Town tradition, and each concert is attended by between 800 and 1200 people. The Arts Commission, supported by Community Services Department staff, is responsible for all aspects of the program, including fundraising, artist selection, publicity, and coordination of each concert. In 1997, Council adopted Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines." These guidelines defined the roles and responsibilities of Arts Commissioners and Town staff for the various financial, contractual, promotional, and other activities necessary to administer Music in the Park (MIP). DISCUSSION: In the years since the MIP Guidelines were adopted, the roles and responsibilities of Arts Commissioners and Town staff have evolved, as Town procedures have become more efficient and streamlined. In order to reflect actual practices, the Arts Commission's MIP Subcommittee drafted PREPARED BY: REGINA A. FAL Community Servic : ctor N:1CSDITCRPTSIMIP guidelines 2003.wpd Reviewed by: gsIS Assistant Town Manager Qti/Town Attorney Clerk ;5'0-.-Finance Community Development Revised: 1 1/ 13/03 9;51 am Reformatted: 5/30/02 02/42rectieel PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: APPROVE RECOMMENDATION OF THE ARTS COMMISSION TO REVISE MUSIC IN THE PARK GUIDELINES November 13, 2003 revised MIP Guidelines (Attachment 2). These revised guidelines were reviewed and adopted by the Arts Commission at its November 12 meeting. Key revisions to the guidelines include: ► Clarifying the purpose of Music in the Park ► Reflecting the new name and location of the concert series ► Reorganizing the document to improve clarity ► Bringing the document in line with current practice Staff recommends that the existing MIP Guidelines, adopted by Resolution 1997-126, be rescinded. Staff further recommends that the revised MIP Guidelines, adopted by the Arts Commission at its November 12 meeting, be maintained as an internal guide for managing the MIP process, rather than as a Council -adopted policy. This would allow for more flexibility in managing the administrative duties of the MIP program, in a timely and efficient manner. Any future changes to the MIP Guidelines that might touch on budget or other policy issues would be brought to Council for review, before being adopted for use. CONCLUSION: Staff recommends that Council adopt a Resolution rescinding Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines." (Attachment 1) ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Music in the Park is included in the Community Services Department's operating budget. The Arts Commission obtains private donations from local businesses and individuals to pay for all materials, supplies, and contractual services. The proposed changes to the Music in the Park Guidelines would not affect the adopted budget. Attachments: 1. Draft Resolution of the Town Council of the Town of Los Gatos Rescinding Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines." 2. Music in the Park Guidelines (revised) Distribution: Arts Commission members RAF:jim Attachment 1 RESOLUTION 2003- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1997-126, "RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING MUSIC IN THE PLAZA GUIDELINES" • WHEREAS, the Town of Los Gatos Community Services Department and Arts Commission coordinate the production of an annual Music in the Park (formerly Music in the Plaza) concert series; and WHEREAS, the Town Council did adopt Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines," at its November 17, 1997 meeting; and WHEREAS, the purpose of said guidelines were to facilitate the production of Music in the Park and define the various responsibilities of the Community Services Department and Arts Commission, including financial, contractual, promotional, and other activities; and WHEREAS, the Music in the Park program would be better served by guidelines that allow for more flexibility in managing the administrative duties of the program, in a timely and efficient manner, as would an internal policy not adopted by Resolution. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: That the Los Gatos Town Council does hereby rescind Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines." PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of November, 2003, by the following vote. 1 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:ICSDITCRPTS\Resolutions1MIP Guidelines 2003.wpd 2 . L.�... �, Llll Lli TOWN OF LOS GATOS MUSIC IN THE PARK GUIDELINES Adopted by the Los Gatos Arts Commission • November 12, 2003 Purpose These guidelines identify the responsibilities of the Town of Los Gatos Community Services Department and the Town of Los Gatos Arts Commission in producing the Music in the Park (MIP) summer concert series. Together, the Community Services Department and Arts Commission shall strive to plan and produce up to twelve concerts per season which: Meet the highest quality artistic standards; Provide a common social and cultural experience for families and other community members; Exhibit a variety of styles and a diversity of cultural origins that may include costume and dance. These guidelines shall serve as an internal guide to managing MIP, and may be amended from time to time by the Arts Commission as warranted. Any contemplated changes to the guidelines that might touch on Town budget or other policy issues shall be brought to the Town Council for its review. II. Project Funding 1. MIP is traditionally funded by community contributions raised by the Town of Los Gatos Arts Commission and other volunteers. Contributions made to MIP are deposited to the Town's General Fund. Funds raised by the Arts Commission for each MIP concert series must be on deposit with the Town on or before May 15. 2. The Community Services Department shall recommend an annual budget sufficient to cover the cost of all MIP expenses to be incurred in the fiscal year. 3. The Town is responsible for executing all project related agreements including but not limited to performers, sound technicians, printers, graphic artists and advertising. Commissioners should forward all documents requiring signatures to Town staff. 4. The Community Services Department shall provide appropriate services listed herein as "Town Responsibilities," including those relating to a special July 4th concert if such a concert is planned. 5. The Town of Los Gatos Arts Commission shall raise funds for MIP from businesses, Page t residents, granting agencies, and provide all appropriate services listed herein as '`Arts Commission" responsibilities, including those relating to a special July 4`h concert if such a concert is planned. III. TOWN OF LOS GATOS RESPONSIBILITIES The Town of Los Gatos (Community Services Department Staff) shall provide the following services in coordinating the production of Music in the Park: 1. GENERAL a. Provide use of Civic Center Park for concerts to be held from 5:00 p.m. to 7:00 p.m. for a maximum of twelve (12) Sunday concerts, held from June through August. One of the twelve concerts may be held at Los Gatos High School. Concerts scheduled for a different time frame or location must be approved by the Arts Commission and Community Services Director. b. Provide use of Town stage and up to thirty (30) chairs, and four (4) six foot tables for each concert. c. Provide use of Los Gatos Neighborhood Center for restroom access. d. Community Services will coordinate the following services with other Town departments and monitor the fees associated with each service: • Transportation of stage, hospitality tents, tables, and chairs to and from each concert • Assembly and disassembly of stage • Provide electrical access by 3:00 PM for performers and sound technician • Park clean up after each concert • Restroom maintenance and monitoring of the Los Gatos Neighborhood Center e. Create time table for accomplishing MIP functions; distribute to Arts Commission for approval. f. Create and maintain Commissioner/Council Member Concert Sign -Up Sheet. g. Prepare schedule of performers (once determined by Arts Commission). h. Work with Arts Commission to use volunteers where practical in the production of MIP; ensure that all appropriate volunteer enrollment requirements are met. i. Maintain MIP records, files and related correspondence; maintain MIP Procedures Manual. j. Review survey/feedback forms and prepare summary for Arts Commission as appropriate. k. Prepare weekly MIP supplies for Friday pickup; supply box includes payment for performers and sound technician, MIP programs, donation box, community event information and flyers, and miscellaneous MIP supplies. 2. INTERNAL COMMUNICATIONS a. Notify Town Council, Chamber of Commerce, and Town staff of MIP concert Page 2 schedule. b. Provide sound technician with final MIP schedule with names/phone numbers of bands so he/she may coordinate sound requirements with musicians. c. Write and prepare Commendations presented by Town Council to Major Sponsors; establish date for Council presentations; notify Major Sponsors of presentation date; request Arts Commissioners attend presentation. d. Maintain roster of Major Sponsors. e. Draft "thank you" letters to Major Sponsors for Arts Commission approval and mail. 3. CONTRACTS, INSURANCE, BUSINESS LICENSE a. Prepare and execute Letters of Agreement with performers, sound technician and other vendors; monitor return of signed Agreements and related documents (Release of Liability, Assumption of Risk and Indemnity Agreement; Application for Business License). b. Coordinate agreement and payment to American Society of Composers, Authors and Publishers (ASCAP), as required. c. Prepare and execute all other project related agreements. 4. FISCAL MANAGEMENT a. Receive donations and invoices for MIP at the following address: Music in the Park, c/o Town of Los Gatos, PO Box 949, Los Gatos, CA 95031. b. Prepare and monitor annual MIP budget. c. Prepare periodic revenue and expense reports. d. Coordinate distribution of payments to performers, sound technician, and other vendors. e. Invoice sponsors using MIP Pledge Forms submitted by the Arts Commission. f. Prepare invoice request for Building Attendant's time for the monitoring of the Los Gatos Neighborhood Center. 5. ADVERTISING & PROMOTION a. In coordination with the Arts Commission, develop a marketing strategy which considers the use of posters, programs, web updates, paid advertising, and other promotional efforts. b. Coordinate production of promotional materials. This includes obtaining bids, preparing and executing agreements, and processing purchase orders. c. Proof-read and edit all program materials with Arts Commission. d. Update Town website to include MIP schedule and listing of all Major Sponsors. e. Mail programs to the Major Sponsors that the Arts Commission could not contact. IV. TOWN OF LOS GATOS ARTS COMMISSION RESPONSIBILITIES The Arts Commission or its sub -committee shall provide the following services contingent upon Page 3 sufficient funding to cover concert expenses as described above. 1. GENERAL a. Implement appropriate fundraising strategies in compliance with Town Policies and Procedures to ensure that MIP is fully funded. b. Draft grant application for staff review and approval. c. Coordinate merchandise fundraising sales at MIP performances as appropriate. Proceeds from sales shall be specifically designated to support MIP. d. Submit MIP Pledge Form for all sponsors to the Community Services Department for invoicing and tracking. e. Assist in obtaining donated materials and services. f. Complete "Commissioner Sign -Up Sheet" and submit to the Community Services Department for distribution. g. Appoint Lead Commissioner for each concert; Lead Commissioner is responsible for concert logistics, including: • pick up MIP boxes at Neighborhood Center the Friday before • distribute checks to performers and sound technician • assist with setup and tear down of hospitality tents, tables and chairs • setup MIP space within hospitality tent • emcee MIP concerts; introduce performers and attending Council Members; and thank attending Major Sponsors • monitor concert attendance and report weekly attendance estimates to staff • return MIP boxes and any donations received to Neighborhood Center 2. CALL FOR ENTRIES a. Determine and publish "Call -for -Entry" schedule as needed; receive and review applications and promotional packets as needed. b. Select musicians/performers. c. Follow-up with all applicants regarding band selection. d. Prepare schedule of concerts and performers; provide staff with schedule and Band Worksheet for each performer. 3. PROMOTION a. In coordination with staff, develop a marketing strategy which considers the use of posters, programs, web updates, advertising, and other promotional items. b. Draft press releases for distribution by staff. c. Coordinate implementation of free advertising in the Los Gatos Weekly -Times as appropriate (i.e., Community Bulletin Board). d. Distribute MIP posters and programs to Major Sponsors and other local businesses at least two weeks prior to the first concert; inform the Community Services Department of those that were not delivered to. e. Distribute programs and feedback forms (as applicable) at MIP concerts. N:1CSD180701MIP Guidelines 03.wpd Page 4 f. Prior to the first concert, provide the Community Services Department with a schedule of required hospitality tents for each concert. 4. USE OF VOLUNTEERS a. Enlist the help of volunteers where practical in the production of MIP concerts. b. Work with staff to ensure completion of all appropriate volunteer enrollment forms, i.e., Town of Los Gatos Volunteer Application; Release of Liability; and Worker's Compensation Designation Form. N:1CSD180701MIP Guidelines 03.wpd Page 5 12{ 2. 5 _ tre e sc v.1 kg tl fr ORIGINATING DEPT: OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS C� D COUNCIL AGENDA DATE: 1 r t r ()--3 COUNCIL AGENDA ITEM: 15 SUBJECT: Number: Date of Adopt: DikuC_ 4-he- ?(ctzc) (par-V---) G ch.cte [ t.hPS RESOLUTION ORDINANCE 2z05 ~f 3g COUNCIL ACTION: AYES: 0a.9, NAYS: ABSENT: ABSTAIN: Number: Date of Intro: Date of Adopt: ZONE CHANGE: COUNCIL MEMB RS NAMES: n, Diane McNutt, Joe Pirzynski, Mike Wasserman Mayor (or Chairman ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION CLK:FORMS-RESO-ORD RESOLUTION 2003 -138 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESCINDING RESOLUTION 1997-126, "RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING MUSIC IN THE PLAZA GUIDELINES" WHEREAS, the Town of Los Gatos Community Services Department and Arts Commission coordinate the production of an annual Music in the Park (formerly Music in the Plaza) concert series; and WHEREAS, the Town Council did adopt Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines," at its November 17, 1997 meeting; and WHEREAS, the purpose of said guidelines were to facilitate the production of Music in the Park and define the various responsibilities of the Community Services Department and Arts Commission, including financial, contractual, promotional, and other activities; and WHEREAS, the Music in the Park program would be better served by guidelines that allow for more flexibility in managing the administrative duties of the program, in a timely and efficient manner, as would an internal policy not adopted by Resolution. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: That the Los Gatos Town Council does hereby rescind Resolution 1997-126, "Resolution of the Town Council of the Town of Los Gatos Adopting Music in the Plaza Guidelines." i PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on thel st day of December, 2003, by the following vote. COUNCIL MEMBERS: AYES: Sandy Decker, Diane McNutt, Joe Pirzynski, Mike Wasserman, Mayor Steve Glickman. NAYS: ABSENT: ABSTAIN: ATTEST: None None None SIGNED: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Steve Glickman MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2