Music Commission Monday, February 7, 2022, 6:30pm Austin City Hall – Council Chambers Room 1001 301 W. 2nd Street, Austin TX 78701 Some members of the Music Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may register to speak on an item once, either in-person or remotely and will be allowed up to three (3) minutes to provide their comments. Speakers wishing to participate remotely by telephone are required to register in advance no later than noon the day before the meeting. To register to speak remotely email or call Kim McCarson at kimberly.mccarson@austintexas.gov , 512-974-7963 by noon on Sunday, February 6, 2022. CURRENT COMMISSION MEMBERS: Chair - Anne-Charlotte Patterson, Vice-chair - Nagavalli Medicharla, Secretary - Oren Rosenthal, Parliamentarian - Graham Reynolds, Gavin Garcia, Lauryn Gould, Christopher Limon, Jonathan “Chaka” Mahone, Patrice Pike, Scott Strickland, Stuart Sullivan AGENDA CALL TO ORDER MUSICAL PERFORMANCE CITIZEN COMMUNICATION Susanna Sharpe 1. APPROVAL OF MINUTES 2. STAFF BRIEFINGS The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Approval of Minutes from Regularly Scheduled Meeting on December 6, 2021. a. Legal Consideration related to Equity in Economic Development Department Hotel Occupancy Tax Funded Programs by Neal Falgoust, Attorney, City of Austin Law Department, and Sylnovia Holt Rabb, Acting Director, Economic Development Department. b. Update on American Rescue Plan Act (ARPA) funded relief and recovery programs for creatives by Erica Shamaly, Manager, Music and Entertainment Division c. Update by Erica Shamaly, Manager of the Music and Entertainment Division, on the feasibility of a multi-year approach to the Live Music Fund. 3. OLD BUSINESS a. Discussion and Possible Action following update on the Austin Opera House. b. Discussion and Possible Action following update and final recommendations from the Working Group on the Live Music Fund. c. Discussion and Possible Action on Austin Economic Development Corporation (AEDC) following update from board representative, Emmett Beliveau. 4. NEW BUSINESS a. Discussion and Possible Action following presentation by Quentin Prior, Battalion Chief/Assistant Fire Marshall, Special Events, on venue safety priorities. b. Discussion and Possible Action following update from SXSW on upcoming festival. c. Discussion and Possible Action on making a possible budget recommendation. d. Discussion and Possible Action on voter registration …
American Rescue Plan Act (ARPA) Music & Entertainment Update MUSIC COMMISSION FEBRUARY 7, 2022 Music Community Relief (ARPA): $4m o Austin Music Disaster Relief Grant ($2.3M) – Closed January 28, 2022 o Texas Accountants & Lawyers for the Arts (TALA) assisted applicants with technical assistance o The Long Center now evaluating nearly 3,000 applications o Live Music Venue Preservation Fund ($1.395M) o 12 Phase 1 grant recipients now receiving enhanced monthly grant funds through early summer 2022 o Preparing survey to determine program funding impact on venue preservation outcomes o Venue Summit on Equity Strategic Plans in Spring / early Summer 2022 * Music ARPA funds not used for grants were used for 3rd Party Admin fees. Breakdown of Creative Sector Support Program Date Source Amount Funded # of Grants By Year Austin Music Disaster Relief Grant April 2020 $1,500,000 1,497 Austin Creative Space Disaster Relief Program June 2020 $1,000,000 Small Business Relief Grant (Creative Industries only) July 2020 CARES $2,187,038 Non-Profit Relief Grant (Arts & Culture only) July/Sept 2020 CARES $1,921,841 Creative Worker Relief Grant August 2020 CARES $3,500,000 1,866 COA COA Live Music Venue Preservation Fund (Phase 1) December 2020 SAVES Live Music Venue Preservation Fund (Phase 2) January-July 2021 SAVES $694,000 4,300,000 Arts & Culture Non-Profit Relief Grant August 2021 ARPA+ $3,920,000 Arts Community Relief January 2022 Live Music Venue Preservation Fund (Completion) January 2022 ARPA ARPA $5,297,960 $1,394,700 Austin Music Disaster Relief Grant February 2022 ARPA $2,300,000 $28,015,539 1,150 5,496 32 131 127 77 28 196 380 12 $10,802,879 $8,220,000 $8,992,660
Equity Considerations in Contracts and Program Funding Austin Music Commission February 7, 2022 Neal Falgoust, Assistant City Attorney Purpose • Discuss legal risks associated with using race, gender and protected-class criteria in determining awards of contracts and program funding. 2 Why Now? • Recent federal court decisions that put race-focused programs at risk. • Law Department deliberative process. • Briefing to City Council. 3 Acknowledgement • History of intentional racial segregation – 1928 Master Plan and “Negro District.” • Oppression of BIPOC – 1954 Federal Housing Act, “urban renewal,” and seizing of Black-owned land. • City Council has committed the City to correcting its racist practices. (Resolution 20210304-067) 4 City’s Programs • As part of Project Connect, community members developed displacement mitigation strategies and an equity tool to guide decision making. (“Nothing About Us Without Us”) • EDD also wants an equity focus for the Cultural Arts and Heritage Tourism grant programs. 5 Legal Foundation • 14th Amendment – Equal Protection Clause • No government may “deny to any person within its jurisdiction the equal protection of the laws.” 6 “Tiered Scrutiny” • Strict Scrutiny (Race, National Origin, Religion, Alienage) – Government must demonstrate the policy is narrowly tailored to meet a compelling purpose. • Intermediate Scrutiny (Gender, Sex, Sexual Orientation?) – Government must demonstrate the policy is substantially related to an important purpose. • Rational Basis (Age, Disability, Wealth, Felony Status) – The policy must have a rational connection to a legitimate interest. 7 Strict Scrutiny Any government program that takes race into consideration faces strict scrutiny by the courts. Strict scrutiny is the most rigorous judicial review. Courts start with presumption that policy is invalid and government must prove its interests. 8 Compelling Government Interest The government must demonstrate: • actual discrimination in the relevant market, and • that the government either actively or passively perpetuated the discrimination. 9 Narrowly Tailored The government must demonstrate: • it considered other race-neutral policies; • race-neutral policies failed to achieve the compelling interest. 10 City of Richmond v. J.A. Croson Co. • “Generalized assertions” of past racial discrimination would not justify “rigid” quotas; • 30 percent quota could not be connected to “any injury suffered by anyone;” • Race-neutral measures must be seriously considered. 11 Evidence Acceptable to a Court Disparity studies are conducted to determine if there is discrimination in the studied market and if the government is an active …
MUSIC COMMISSION RECOMMENDATION 20220207-3b Date: February 7, 2022 Subject: Live Music Fund Motioned By: Vice-chair Medicharla Seconded By: Commissioner Limon Motion: For the Music Commission to vote on option one, which is, rolling out a program including all eligible uses and all eligible applicants from the first year onwards, or option two, to roll out a pilot program including all eligible uses and with Musicians and Independent Promoters as eligible applicants. Include “Live Music Venue Promoter” as an eligible applicant in the second year of the program. Recommendation The Music Commission recommends Option 2: Initiate a pilot program which 1. Includes all eligible uses (live music performance PLUS music industry production activities which support the music ecosystem) and with Musicians and Independent Promoters as eligible applicants 2. Includes Live Music Venue Promoter as an eligible applicant in year two of the program 3. Implement metrics to measure outcomes and to ensure accountability Description of Recommendation to Council A Live Music Fund Working Group formed at the November 2021 Music Commission to consider expanding fund uses and eligible applicants pool to robustly sustain and grow the Austin music economy. Working Group Participants: Nagavalli Medicharla (Working Group Chair, nominated), Chaka Mahone, Lauryn Gould, Scott Strickland, Stuart Sullivan, Mobley, Harold McMillan, Morgan Davis, Rebecca Reynolds, Cody Cowan, Tomar Williams, Alex Vallejo Meetings: 3 total (Nov. 2021, Dec. 2021, Jan. 2022); 1.5-2.5hr duration each Working Group Outcomes 1. Eligible uses Broaden eligible uses where a Musician can spend grant funds to include ➔ Recording Studio Production ➔ Music Video Production ➔ Publishing/Sync Licensing ➔ Distribution (streaming services) ➔ Replication (vinyl, CD, cassette printing, etc.) ➔ Broadcasting (TV, radio, podcasts) in addition to producing live music performances 2. Eligible applicants Broaden eligible applicants to include Live Music Venue Promoters in addition to Musicians and Independent Promoters 3. Metrics Develop and implement metrics to measure outcomes and to ensure accountability (metrics from fund administrator and vendors incl. venues) 4. Fund Rollout Option 1: Rollout a program including all eligible uses and all eligible applicants (as stated above) from the first year onwards or Option 2: Rollout a pilot program including all eligible uses (as stated above) and with Musicians and Independent Promoters as eligible applicants. Include Live Music Venue Promoter as an eligible applicant in a future year (later updated to “Include Live Music Venue Promoter as an eligible applicant in the second year of the …
AUSTIN MUSIC COMMISSION MEETING MINUTES The Austin Music Commission convened in a regular meeting on February 7th, 2022, at Austin City Hall, 301 W. 2nd St. Austin, TX 78701 February 7, 2022 BOARD MEMBERS IN ATTENDANCE: Chair - Anne-Charlotte Patterson, Vice-chair - Nagavalli Medicharla (virtual), Secretary - Oren Rosenthal (virtual), Parliamentarian - Graham Reynolds (virtual), Gavin Garcia (virtual), Lauryn Gould (virtual), Christopher Limon (virtual), Jonathan “Chaka” Mahone (virtual), Patrice Pike (virtual), Scott Strickland (virtual) Staff in Attendance: Erica Shamaly, Stephanie Bergara, Kim McCarson CALL TO ORDER 6:34pm MUSICAL PERFORMANCE CITIZEN COMMUNICATION Susanna Sharpe The first 10 speakers signed up prior to the meeting being called to order will each be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. Ever Calderon supports use of Live Music Fund (LMF) for musicians. Eileen Bristol from Sahara Lounge speaks in favor of using LMF to support artists of color, especially the first year. Drew Dunavan speaks in favor of directing funds to artists particularly artists of color. Mercedes Perry speaks in favor of using funds to support artists of color. Pam Owens supports using LMF funds to support artists of color. Terry P. Mitchell speaks in favor of using LMF funds to support artists of color. Jane Hervey speaks in favor of directing LMF to support artists especially with an equity focus. 1. APPROVAL OF MINUTES 2. STAFF BRIEFINGS Approval of Minutes from Regularly Scheduled Meeting on December 6, 2021. Commissioner Reynolds motions to approve the minutes, Commissioner Limon seconds. Motion carries 8-0. Commissioners Limon, Gould, and Sullivan are absent. Commissioner Limon arrives 7:04pm. a. Legal Consideration related to Equity in Economic Development Department Hotel Occupancy Tax Funded Programs by Neal Falgoust, Attorney, City of Austin Law Department, and Sylnovia Holt Rabb, Acting Director, Economic Development Department. 1 3. OLD BUSINESS taken. AUSTIN MUSIC COMMISSION MEETING MINUTES February 7, 2022 b. Update on American Rescue Plan Act (ARPA) funded relief and recovery programs for creatives by Erica Shamaly, Manager, Music and Entertainment Division c. Update by Erica Shamaly, Manager of the Music and Entertainment Division, on the feasibility of a multi-year approach to the Live Music Fund. Commissioner Mahone leaves the meeting at 8:20pm. a. Discussion and Possible Action following update on the Austin Opera House. No action b. Discussion and Possible Action following update and final recommendations from the Working Group on the Live Music Fund. …
