Item 13 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Amendment to the Downtown Economic Development Agreement with the Los Gatos Downtown AssociationTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: July 13, 1995
TO: MAYOR AND TOWN-COUNCI
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 7/17/95
ITEM NO.
/3
4,°\
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AMENDMENT TO THE DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT
WITH THE LOS GATOS DOWNTOWN ASSOCIATION
RECOMMENDATION:
1.) Adopt resolution authorizing the Town Manager to execute an amendment to the Downtown Economic
Development Agreement with the Los Gatos Downtown Association (DA) to provide $2,790 to the DA for
marketing its projects and transfer the DA's responsibilities regarding Music in the Plaza (MIP) to the Town,
including revised payment schedule.
2.) Authorize budget changes:
• Reduce the grant to the DA from $47,000 to $43,040.
Account 1111-72003 (project DA 12.95; 81031) is decreased $6,750.
Account 1111-72003 (project DA 12.95; 81011) is increased $2,790.
• Transfer $3,960 to the Town's account 8040-72115 for MIP expenses.
• Increase 8040-48730 (revenues) and 8040-72115 (expenses) by $3,600 to reflect projected business
and Arts Commission contributions.
BACKGROUND:
On December 5, 1994, Town Council approved an agreement with the DA. On June 19, 1995, Council
PREPARED BY: Regina A. Falkner
Community Services Director
RAF:dr
CSD19:A:1CNCLRPTSIDA-MIP
Attachments:
Distribution:
Revised: 7/14/95 4:48 pm
See page 2 for list of attachments
Los Gatos Downtown Assn., Sue Ellen Sterling, President, PO 291, LG 95031
Los Gatos Downtown Assn., Barbra Toren, Executive Director, P0291, LG
Emerald Hathaway -Bush, 174 Villa Ave, LG 95032
Reviewed by: Attorney Clerk Finance asurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AMENDMENT TO THE DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT WITH
THE LOS GATOS DOWNTOWN ASSOCIATION
July 13, 1995
approved a first amendment to the agreement. The contracted activities include acting as fiscal agent for ten
MIP concerts. The contract provides that the Town pay the DA $6,750 to support MIP. It also requires the DA
to assist the Arts Commission with fundraising activities and coordinate with the Commission regarding
advertising and promotional strategies for MIP.
DISCUSSION:
The proposed amendment revises both the scope of services and the budget exhibits.
Scope of Services
The amendment would shift the DA's responsibilities as fiscal agent to the Town. Specifically Town staff would:
- disburse funds to performers and other vendors,
- establish an MIP account,
- print bi-weekly revenue and expense reports, and,
- keep a database of donors.
Other responsibilities remain as originally assigned: the Town will execute contracts with musical performers
and vendors, provide use of Town Plaza Park and some equipment, and provide for stage set-up, take -down
and park clean-up. Town staff will not market the event or raise funds. The Arts Commission will schedule
performers, conduct fundraising, and coordinate advertising and food/beverage sales.
The proposed amendment eliminates reference to the June 25 concert which was paid for by the DA with FY
1994/95 funds.
Budget
The amendment approved in June provides the DA with $6,750 for MIP and related marketing efforts. The
grant was made in exchange for the DA's active participation in facilitating the series. The DA's desire was to
donate $1,750 for program costs and $5,000 to promote the event as part of its summer campaign. It was
agreed that the June 25 concert would be paid with FY 1994/95 funds. The projected costs for the six concerts
from July 2 through August 13 are $7,560. The August 6 concert is replaced by the Brazilian festivities at the
Los Gatos High School grounds.
Staff reviewed two budget alternatives:
1.) Transfer the entire amount granted to the DA for MIP to the Town to pay for MIP expenses. This alternative
leaves the Association with $0 funds to conduct its summer promotions and reduces the Arts Commission's
fundraising burden to zero.
2.) Require the Arts Commission to raise funds for two concerts ($2,350); and transfer a portion of the $6,750
to the Town ($3,960); and allow the DA to retain the balance for its marketing efforts ($2,790).
Both alternatives would allow the DA to keep any monies raised through its MIP donation efforts to offset its
reduced grant amount. The DA would give the Town any revenues it receives over $5,000 in Alt. 1 or $2,210
in Alt. 2 to the Town.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AMENDMENT TO THE DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT WITH
THE LOS GATOS DOWNTOWN ASSOCIATION
July 13, 1995
#
Concerts
Total Cost
DA
Contribution
AC
Contribution
*Transfer to
Town
**Business
Donations
Orig. Agreement
9
$11,320
$6,750
$4,570
$0
N/A
Alternate 1
6
$7,560
$0
$0
$6,750
$1,250
Alternate 2
6
$7,560
$0
$2,350
$3,960
$1,250
*Transfer to Town MIP Account from funds granted to DA.
**A $1,000 business donation is already earmarked for the August 13 concert. The anticipated donations from
Teri Hope ($250) and Willow Street Pizza ($1,000) are not attributed to either the DA's or AC's contribution.
Staff recommends Alternative 2. This allows for the abbreviated series to continue with a fair contribution from
the DA and the Arts Commission and recognizes the DA's need for dollars to promote the Downtown during
summer months. The DA intends to use marketing funds to invest in brochures for the adopt a bench program,
Cats Festival event merchandise, and the Brazilian Summer Festival.
CONCLUSION:
It is not the Town's desire to increase its involvement with the MIP project but there is little choice if the concerts
are to proceed. Increased participation has affected Town staffs ability to proceed with urgent housing and
Community Development Block Grant Projects. Staff will return to Council with a report in January with a
recommended project plan which limits Town services for MIP to those that can be provided on a cost recovery
basis.
ENVIRONMENTAL ASSESSMENTS:
The agreement between the Town and the DA is not a project subject to CEQA.
FISCAL IMPACT:
• Reduce the grant to the DA from $47,000 to $43,040.
Account 1111-72003 (project DA 12.95; 81031) is decreased $6,750.
Account 1111-72003 (project DA 12.95; 81011) is increased $2,790.
• Transfer $3,960 to the Town's account 8040-72115 for MIP expenses.
• Increase 8040-48730 (revenues) and 8040-72115 (expenses) by $3,600 to reflect projected business
and Arts Commission contributions.
ATTACHMENTS:
1. Letter from Downtown Association dated 7/5/95
2. Resolution
Second Amendment to Agreement
- Agreement Exhibit B, Scope of Services
Music in the Plaza Agreement
Agreement Exhibit C, Budget
LOS
GATOS
DOWNTO\K'N ASSOCIATION
July 5, 1995
David Knapp
Los Gatos Town Manager
110 E. Main St.
Los Gatos, CA 95030
Dear David,
ATTACHMENT 1
JUL 0 6 1995
I am writing to inform you that it is with regret that the Los Gatos Downtown Association
is unable to meet our whole obligation regarding Music in the Park. The Association
believes that "Music in the Park" is a wonderful program for the residents and guests of
Los Gatos. However we will only be able to honor our original commitment of $1750.
This was not an easy decision and was made after it became obvious that we had no other
alternative.
At the meeting on Friday Barbara had agreed to present to the Los Gatos Downtown
Association Execitive Board the request for full funding for the first five concerts of
"Music in the Park" . This request was based on the following criteria:
By noon on June 27, Tuesday, Emerald Hathaway will bring the
Downtown Association promo material for MIP 7/2 and 7/9
concerts plus information for 7/16 and 7/23 concerts.
Unfortunately this is not what has occurred. With the lack of information, allowing us to
honor our responsibilities of marketing and assisting in fund raising, we decided that we
could not honor the request for full funding. The LGDA always supports events that
enhanse the town of Los Gatos, however, every event that we allocate funds toward
requires acountability.
We will continue to support MIP thru advertising (if we receive the information in time). It
was difficult for us to say no, however we saw no other alternative.
Sincerely,.
SuEll- : Sterling
President LGDA
cc Pat O'Laughlin
Regina Faulkner
"Working together to enhance business vitality "
I' 0 S. T 0 I' F 1 C F 13 0 X 2 9 1 • 1. 0 S G A T O S, C A 9 5 0 3 1 ■ 4 0 5- 3 5 4- 15 0 1
Music in the Plaza Agreement
This agreement identifies the responsibilities each entity will have for the production of the 1995
Music in the Plaza (MIP).
TOWN OF LOS GATOS & TOWN OF LOS GATOS ARTS COMMISSION
RESPONSIBILITIES:
A. TOWN OF LOS GATOS SHALL:
1. Provide use of Town Plaza Park for a maximum of ten Sunday concerts, from
June 25, 1995 to August 27, 1995. The Council may consider special MIP
concerts (i.e. July 4 concert) if a special events permit has been issued.
2. Provide use of Town stage and approximately thirty (30) chairs for each concert.
3. Provide for Park cleanup after each concert performance. The cost of Park
cleanup will be charged to the DA/MIP account.
4. Retain stage crew (2 persons) as temporary Town employees under the Parks
Forestry and Maintenance Department. The stage crew will work on MIP
concerts held between June 25 to August 27, 1995. They will transport stage to
and from the Park, assemble stage and take down stage for each concert. They
will work an estimated 3-4 hours per concert at $8.40/hour. As temporary
employees, the stage crew will be covered under Town's liability insurance and
workers compensation program.
5. Execute contracts with musical performers, sound system operator, and other
vendors. Require all performers and vendors to execute a hold harmless
agreement and require insurance for contracted vendors. All program funds must
be received in the 1 A MIP account before any contracts are executed. This may
require that the program be divided into two five -concert series.
6. The musical performer/groups shall not be required to submit proof of insurance,
but they are required to submit an executed hold harmless agreement in favor of
the Town and Downtown Association.
1
B. TOWN OF LOS GATOS ARTS COMMISSION
In accordance with the schedule provided in Exhibit A, the TOWN OF LOS GATOS
ARTS COMMISSION shall:
1. Conduct fundraising activities. Fundraising activities requiring an investment of
over $200.00 must be presented to the DA and Arts Commission for approval.
2. Contact and schedule musical performers for specific dates. Notify performers of
the need to execute a hold harmless agreement. Inform the Community Services
Director of performers and dates so contracts can be executed.
3. Organize and secure all required equipment and materials. Notify potential
vendors of insurance requirements. Inform Community Services Director of
stage, sound system, and other necessary services so contracts can be executed.
4. Coordinate any food, soft drinks or merchandise sales at the Plaza. All proceeds
from sales shall be specifically designated to support Music in the Plaza only.
5. Conduct recognition activities as appropriate (i.e. MIP certificates to donors).
6. Coordinate with DA Community Services Director regarding advertising and
promotion strategies, such as: flyers, news articles, ads in local newspaper,
banners, etc.
C. TOWN COMMUNITY SERVICES DEPARTMENT SHALL OPERATE AS FISCAL
AGENT:
1. Disburse funds to performers, sound system operator, stage crew and any other
vendors. Establish an MIP bank -account separate from all other DA accounts
her/his designee.
2. Publish a bi-weekly revenue and expense report after each concert and a final
report at the end of the series. Provide weekly revenue and expense reports to
Community Services Director and MIP Chair.
3. Keep a database of donors names and addresses sorted by private and business
donors; provide to MIP Chair upon request.
2
2. The budget is attached as Exhibit (i) and is highlighted below:
INCOME
Revenues
DA
from FY 1994/95 program funds $1,750
from 1995 Marketing funds* 2,210
Arts Commission** 2,350
Business 1.250
TOTAL $7,560
* This will be reduced by any business donations received as a result of DA
efforts. Any revenues received by DA over this amount will be given to the
Town for the MIP program.
* * Arts Commission must deposit into MIP account $1000 by July 10 in order
for July 23 concert to proceed.
EXPENSES
See attached for details.
TOTAL $7,560
3. The August 13 concert will be cosponsored by DA and the Brazil Host
Committee. Partial funding will be provided by Willow Street Pizza. The event
schedule must be approved by the Town Manager.
4. The DA will solicit donations at each concert to offset its contribution to MIP. It
will provide a collection box and sign. The sign will contain language with the
following intent: Music in the Plaza is funded in part by the Los Gatos
Downtown Association and the Los Gatos Arts Commission. Support this Los
Gatos family tradition by donating.
4
1
4. Pay American Society of Composers, Authors and Publishers (ASCAP) expenses,
as required.
5. All mail for MIP shall be sent to the following address:
Music in the Plaza
Town of Los Gatos Arts Commission
208 East Main St.
Los Gatos, CA 95032
6. Arts Commission must provide to Community Services Director names, addresses
and telephone numbers of July 16 and 23 performers by July 3, 1995, in order for
those events to proceed. If the Arts Commission does not submit the required
information, the Town may contract with its choice of performers.
C. Assist the Arts Commission with fundraising activities.
as: flyers, news articles, ads in local ncwspaper, banners, ctc.
T I f so d sire D may assist wit f ._ i -, fi a 1 4 ,.]' 1 t tL- P1 1'
, J , 11 LL11111�J VI 111111IIQS �
salc3 shall be 3pccifically designated to support Music in the Plaza only.
D. OTHER:
1. The Town will continue to provide services listed herein as "Town
Responsibilities" for July 30 and August 13 concerts if the Arts Commission
meets the following requirements by July 17 at noon:
a. the Arts Commission deposits the full cost of above three concerts
(estimated at $2,350) into the designated MIP account;
b. the Arts Commission provides the CSD Director the names, addresses and
telephone numbers for related performers;
c. the Arts Commission provides the CSD Director a separate, complete
budget for both of the concerts; and,
d. the Arts Commission raises sufficient funds (estimated at $294) to pay for
business license fees required of all MIP performers. (This includes
concerts beginning June 25, 1995.)
3
IN WITNESS WHEREOF the parties hereby execute this agreement on the day and year
indicated below.
David W. Knapp, Town Manager Date
Town of Los Gatos
Barbra Toren, Executive Director Date
Downtown Association
Recommended by
The Town of Los Gatos Arts Commission
Emerald Hathway-Bush, Arts Commission Chair Date
Music in the Plaza Chair
Exhibits: (i) MIP Expenses
(ii) MIP Proposal
csdl8:a:1 arts 1pship2l
(revised July 6, 1995)
5
ATTACHMENT 2
RESOLUTION 1995 -
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT
TO THE DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT
WITH THE LOS GATOS DOWNTOWN ASSOCIATION
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town of Los Gatos amend its Downtown Economic Development
Agreement with the Los Gatos Downtown Association (pursuant to Exhibit 1), and that the Town
Manager is authorized, and is hereby directed, to execute said amendment to agreement in the
name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 17th day of July, 1995, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS071795.R03
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP
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RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
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PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
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WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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SEND COPIES TO DEPT. DISTRIBUTION LIST
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
COM. SER.
07/17/95
13
DOWNTOWN ASSOCIATION
RESOLUTION ORDINANCE
1995-92 Number:
Date of Adopt: 07/17/95 Date of Intro:
COUNCIL ACTION:
AYES: OTHERS
NAYS:
ABSENT: BENJAMIN:
ABSTAIN:
Date of Adopt:
ZONE CHANGE:
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor(or Chairman) PATRICK O'LAUGHLIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
RESOLUTION 1995 - 92
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT
TO THE DOWNTOWN ECONOMIC DEVELOPMENT AGREEMENT
WITH THE LOS GATOS DOWNTOWN ASSOCIATION
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara,
State of California, that the Town of Los Gatos amend its Downtown Economic Development
Agreement with the Los Gatos Downtown Association (pursuant to Exhibit 1), and that the Town
Manager is authorized, and is hereby directed, to execute said amendment to agreement in the
name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 17th day of July, 1995, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS071795.R03
July 17, 1995
Los Gatos, California
RESOURCE DIRECTORY/COMMUNITY FOUNDATION/RESOLUTION 1995-91 (12.20)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-91
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGREEMENT WITH THE LOS GATOS COMMUNITY
FOUNDATION FOR THE REPRODUCTION, SALES, AND DISTRIBUTION OF THE TOWN
OF LOS GATOS RESOURCE DIRECTORY. Carried by a vote of 4 ayes. Mrs. Benjamin was
absent.
DOWNTOWN ASSOCIATION/ECONOMIC DEVELOPMENT/RESOLUTION 1995-92 (13.49)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-92
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGERTO EXECUTE THE SECOND AMENDMENT TO THE DOWNTOWNECONOMIC
DEVELOPMENT AGREEMENT WITH THE LOS GATOS DOWNTOWN ASSOCIATION.
Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
9511 PROJECT/REROOFING CIVIC CENTER LIBRARY/SERVICE CENTER
VEHICLE MAINTENANCE BUILDING/RESOLUTION 1995-93 (14.35)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-93
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH PACIFIC WEATHERSHIELD,INC. FOR THE CONSTRUCTION
OF PROJECT 9511 - REROOFING CIVIC CENTER LIBRARY, SERVICE CENTER AND
VEHICLE MAINTENANCE BUILDING, motion includes award of contract to Pacific
Weathershield, Inc for $98,703, with a 13 % contingency fund; fund transfers; and change order
for repair of Police Department roof. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
AUDITING SERVICES/MAZE & ASSOCIATES/RESOLUTION 1995-94 (15.06)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-94
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A CONTRACT WITH MAZE AND ASSOCIATES TO PROVIDE
AUDITING SERVICES FOR FISCAL YEARS 1994-95, 1995-96 AND 1996-97. Carried by a
vote of 4 ayes. Mrs. Benjamin was absent.
HOUSEHOLD HAZARDOUS WASTE PROGRAM/RESOLUTION 1995-95 (16.07)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-95
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGERTO EXECUTE AN AGREEMENT AMENDMENT WITH THE COUNTY OF SANTA
CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM FY 1995-96. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
MEDIAN LANDSCAPING/WINCHESTER-LARK-POLLARD/RESOLUTION 1995-96 (17.06)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-96
entitled, RESOLUTION OF THE TOWN OF LOS GATOS INCREASING CIP PROJECT 473-
CHI85. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
TC:D7:MM071795
3