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062199 16 Council Agenda Report Music in the ParkDATE: TO: FROM: SUBJECT: RECOMMENDATION: COUNCIL AGENDA REPORT June 16, 1999 MAYOR AND TOWN COUNCIL TOWN MANAGER bw MEETING DATE: 6/21/99 ITEM NO. / p MUSIC IN THE PLAZA 1. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY ACCEPTING $1,665.00 FOR MUSIC IN THE PLAZA. 2. ACCEPT DONATION OF $900.00 FROM SMYTHE EUROPEAN PAID DIRECTLY TO JOE SHARING. 3. ACCEPT DONATION OF $548.00 FROM THE RECORDING INDUSTRIES MUSIC PERFORMANCE TRUST FUND TO THE TERRY SUMMA ORCHESTRA. 1. Adopt a resolution authorizing the Town Manager to execute a Grant Agreement with the Arts Council of Santa Clara County accepting $1,665.00 for Music in the Plaza. 2. Accept donation of $900.00 from Smythe European paid directly to Joe Sharino. 3. Accept donation of $548.00 from the Recording Industries Music Performance Trust Fund to the Terry Summa Orchestra. BACKGROUND: Coordinated jointly by the Town of Los Gatos Arts Commission and Community Services Department, Music in the Plaza (MIP) is a summer series of musical concerts held in Town Plaza Park on Sunday afternoons (5:00 p.m. to 7:00 p.m.). While the concerts are offered free of charge to the community, funds are still required to pay production costs: performers, sound services, promotional materials, stage set-up, park clean-up, business license fees, etc. The Arts Commission and other Town volunteers raise funds for MIP through community contributions and grants. DISCUSSION: The Council adopted MIP Guidelines require the Commission to seek grant funds. The Arts Council of Santa Clara County has awarded $1,665 to the Town for its series of summer concerts. Grant funds are anticipated after the agreement is fully executed. Funds will be used to offset costs of the summer concerts. The Town will submit required reports by September 30. The Joe Sharino Band required a $900.00 deposit prior to its June 20, 1999 performance. The band's major sponsor Smythe European, sent the $900.00 deposit directly to Joe Sharino. Staff is asking that Council acknowledge the $900.00 payment in order to fully account for all revenue and expenditures related to the Music in the Plaza Program. The Town is contracting with the Recording Industries Performance Trust Fund to obtain the services of the Terry Summa Orchestra at the August 22, 1999 Music in the Plaza concert. The band is a Trust Fund employee. The Town is paying the Trust Fund $822.00. The $548.00 balance of the band's fee will be paid by the Trust Fund. As in the case above, staff is asking that Council acknowledge the $548.00 payment to fully account for Program revenues and expenditures. PREPARED BY: REGINA A. FALKN ommunity Service I.'5 or Reviewed by: Attorney finance c:\kimstufflartscoun. rpt Revised: 6/ 16/99 1:14 PM Reformatted: 10/23/95 PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: MUSIC IN THE PLAZA June 14, 1999 ENVIRONMENTAL ASSESSMENTS: This project is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The grant and donation are within the scope of the 1999 MIP Program. Attachment: Resolution of the Town Council of the Town of Los Gatos Authorizing the Town Manager to Execute a Grant Agreement with the Arts Council of Santa Clara County (Exhibit A) Distribution: Town of Los Gatos Arts Commission Attachment 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: That the Town Manager is authorized to execute a Grant Agreement with the Arts Council of Santa Clara County (Exhibit A) for Music in the Plaza concerts. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of June, 1999 by the following vote: COUNCIL MEMBERS: AYES: NAYES: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA csd08:A:1Resos\cs062199.r00 Exhibit A artscouncil silicon valley GRANT AGREEMENT Community Arts Fund 1999 This is an agreement for the Community Arts Fund grant from Arts Council Silicon Valley, hereinafter referred to as COUNCIL, to Town of Los Gatos Arts Commission, hereinafter referred to as GRANTEE. COUNCIL agrees to award a grant of $1665 to GRANTEE for the purpose(s) described in GRANTEE's application, provided that GRANTEE meets the terms and conditions described in the 1999 Community Arts Fund application booklet, including but not limited to, the following. TERMS AND CONDITIONS I. GRANTEE is an arts group or other community organization operating in a not -for -profit manner; II. GRANTEE is based and operates in Santa Clara County; III. GRANTEE shall use the grant within the time period and for the purpose described in GRANTEE'S application and summarized as follows: to present a summer concert series that is free -to -the -public and features a wide variety ofmusical styles. IV. GRANTEE shall consult in writing with COUNCIL's staff in writing prior to any change in the use of the grant as prescribed in (III) above; V. GRANTEE shall send to COUNCIL a final or interim report describing the use of the grant and its results, and providing documentation of published acknowledgements and expenses, by the 2000 CAF deadline date; VI. GRANTEE shall have satisfied the requirements of any previous COUNCIL grant; VII. GRANTEE shall notify COUNCIL in writing of any change of address, contact or status of GRANTEE; VIII.GRANTEE shall acknowledge COUNCIL's support in its printed materials, attributing this support as follows: Funded in part by a grant from Arts Council Silicon Valley AGREED TO BY: for COUN s IL for GRANTEE authorized signature/date typed name/ title address Federal Tax ID # Bruce Davis Executive Director 4 N 2nd St, Ste 210 San Jose, CA 95113-1305 RESOLUTION 1999 - 87 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS: That the Town Manager is authorized to execute a Grant Agreement with the Arts Council of Santa Clara County (Exhibit A) for Music in the Plaza concerts. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21 st day of June, 1999 by the following vote: COUNCIL MEMBERS: AYES: Steven Blanton, Linda Lubeck, Joe Pirzynski, Mayor Jan Hutchins. NAYES: None ABSENT: Randy Attaway ABSTAIN: None SIGNED: ATTEST: /s/ Jan Hutchins MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA csd08:A:1Resos\cs062199.r00 Town Council Minutes May 17, 1999 Redevelopment Agency Los Gatos, California DISABILITY DETERMINATION BY TOWN MANAGER/RESOLUTION 1999-85 (14.10) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-85 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DELEGATING TO THE TOWN MANAGER THE AUTHORITY TO MAKE DETERMINATIONS UNDER SECTION 21152 (C), GOVERNMENT CODE, ON BEHALF OF THE TOWN, OF DISABILITIES AND WHETHER SUCH DISABILITY IS INDUSTRIAL AND TO CERTIFY SUCH DETERMINATIONS AND ALL OTHER INFORMATION TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Carried by a vote of 4 ayes. Mr. Attaway absent. JOHNSON AVE 320-324/RESIDENTIAL LOT SPLIT/RESOLUTION 1999-86 (15.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-86 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING A TWO LOT SUBDIVISION ON PROPERTY ZONED R-1:8 AND REMANDING THE APPLICATION. Carried by a vote of 4 ayes. Mr. Attaway absent. :MUSIC IN THE PLAZA/AUTHORIZING DONATIONS/RESOLUTION 1999-87 (16.22) JOE SHARINO BAND/TERRY SUMMA ORCHESTRA/COUNTY ARTS GRANT Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-87 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE ARTS COUNCIL OF SANTA CLARA COUNTY. Carried by a vote of 4 ayes. Mr. Attaway absent. LOS GATOS BOULEVARD 16185/COMMERCIAL BUILDING/RESOLUTION 1999-88 (17.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING AN ARCHITECTURE AND SITE APPLICATION TO DEMOLISH A PRE-1941 RESIDENCE AND TO CONSTRUCT A NEW COMMERCIAL BUILDING ON PROPERTY ZONED CH AND REMANDING THE APPLICATION. Carried by a vote of 4 ayes. Mr. Attaway absent. BLOSSOM HILL ROAD 14734/SUMMERHILL/PRJ-98-210/RESOLUTION 1999-89 (18.09) Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Resolution 1999-89 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A PLANNING COMMISSION DECISION APPROVING AN ARCHITECTURE AND SITE APPLICATION TO CONSTRUCT A SINGLE FAMILY HOME ON PROPERTY ZONED HR- 1:PD. Carried by a vote of 4 ayes. Mr. Attaway absent. ZONING CODE AMENDMENT A-98-04/ORDINANCE 2062 (19.47) HEIGHT & GRADE DEFINED/FENCES, HEDGES & WALLS Motion by Mrs. Lubeck, seconded by Mr. Pirzynski, that Council adopt Ordinance 2062 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 29.10.020 (DEFINITIONS FOR FINISHED FLOOR. FINISHED GRADE, NATURAL GRADE, AND HEIGHT,) SECTION 29.10.090 (HEIGHT RESTRICTION. EXCEPTIONS;) AND SECTION 29.40.030 (FENCES, HEDGES AND WALLS,) which was introduced at the Council meeting of June 7, 1999. Carried by a vote of 4 ayes. Mr. Attaway absent. TC: D 11: MM062199 4