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Cal Phil Supporters Voice Strong Opposition to Arboretum Foundation Decision to Replace Cal Phil with Pasadena Pops in 2012
Arcadia Weekly May 05, 2011
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Cal Phil Supporters Voice Strong Opposition to
Arboretum Foundation Decision to Replace Cal Phil with Pasadena Pops in 2012
Victor Vener, Maestro with Cal Phil, expresses his concerns at a press conference on Saturday - Photo by Terry Miler
By Terry Miller
The highly popular summer concert season at the Los Angeles County Arboretum and Botanical Garden in Arcadia, which features the California Philharmonic Orchestra and music director Victor Vener will be replaced by Pasadena Symphony Association and its POPS orchestra for the summer season 2012, according to a rather rushed announcement sent out to media Wednesday evening on Los Angeles County Parks and Recreation letterhead. Apparently it was a“mistake” according to PIO Imee Perius that the Press Release was sent out of County Parks and Recreation stationary.
The Los Angeles County Arboretum foundation decided that expanded summer programs were necessary to attract more revenue. Ironically, according to sources, the Pasadena Symphony has been plagued with financial woes for a couple of years and yet Cal Philharmonic is in good financial shape with all bills paid and up to date. Andre Vener told the media Saturday that while there were some difficult patches when the recession hit Cal Phil hard, the board of directors for Cal Phil managed to pay all bills up to date and is financially sound. Vener was deeply saddened and surprised by the Arboretum’s decision.
This summer’s Festival on the Green series, featuring five concerts from June 25 through Aug. 20 is still on, however after this summer, Cal Phil will most probably have to find a different venue.
The Cal Phil board of directors said the Arboretum’s announcement came as a shock, especially as it was released to the media without the Board’s prior knowledge.
At the press conference, Vener said they still have not received anything in writing from the Los Angeles County Arboretum Foundation.
“We take our commitment to the citizens of Los Angeles County, especially our home community of Arcadia, as well as our musicians and long standing loyal patrons, extremely seriously.” Vener said.
About 50 people with signs saying things like “Victor is My Hero” protested the Foundation’s “hasty decision” at entrance of the Arboretum Saturday morning just before a 10 a.m. press conference held at California Philharmonic’s offices.
The Arboretum announced that it has entered into negotiations with the Pasadena Symphony Association and Pops to establish a contract to present summer concerts beginning in 2012. But Andre Vener, board member and former CEO of CalPhil, along with Robert W. Miller, founding chairman, said the Arboretum Foundation’s decision made no sense after the RFP was submitted and there was no equal opportunity for Cal Phil to negotiate.
The Arcadia weekly spoke with Arboretum CEO Richard Shulhof on Wednesday who said that the process to seek new revenue for the Los Angeles County Arboretum started last fall. “The RFP’s (Request For Proposals) went out to several organizations on January 29. The completed responses were due by February 25. The only two who responded were Pasadena Pops and Cal Phil.” We were looking for the “Best available Partner and a new audience.” Shulhoff said and added that this was a “business decision for a good reason.”
When pressed for details on that decision, Shulhof cited that some information submitted in one RFP contained a confidentially agreement.
Schulhof categorically denied Cal Phil’s allegations that negations had already begun with Pasadena Pops prior to the RFP. “That’s not correct.” Schulhof said.
The Arboretum’s Foundation consists of: Gilbert N. Resendez, President, Burks L. Hamner, Immediate Past President Shelley D. Harter, First Vice-President, Janice A. Sharp, Ph.D, Second Vice-President
Kenneth D. Hill, Ph.D., Secretary, Kristin Creighton, Treasurer
James I. Bang (II Young Bang), Carolyn D. Bennett, George A. Brumder, Honorary Trustee
Renate Cohen, Joseph S. Eisele, Marlene C. Griffith, Jane R. Herrmann
Judy M. Horton, H. Clay Kellogg, Mark Ledbetter, Virginia Lincoln
Nancy M. McDonald. Phillip Miller, G. Arnold Mulder M.D., Honorary Trustee. Donivee T. Nash, Sho C. Tay, Gary Thomas and John Wuo.
CalPhil’s Victor Vener has had an exceptionally loyal following for the past 14 years with sold out concert after concert. During the press conference Saturday Andre Vener said 300,000 people have attended Cal Phil concerts in the 14-year pan since Vener and CalPhil created the summer concerts in Arcadia. The estimates are that approximately 40% of the audience is from Arcadia.
Ironically CalPhil recently moved its headquarters earlier this year from San Marino to an office at Westfield Santa Anita‘s Mall in a “continuing commitment to the city and people of Arcadia” Vener said. Westfield had been a long time supporter of Cal Phil.
Vener said legal action has been ruled out. Andre Vener said CalPhil is and always has been a think ahead kind of organization and are looking into alternative venues. Without going into any details, Vener said that there are options but this news had hit them hard.
Pasadena Pops currently uses the Rose Bowl, free of any fees, which is a much larger venue and according to sources Pasadena Pops had trouble filling that venue.
The California Philharmonic presents classical concerts in friendly environments. Concert attendees can enjoy evening of classical music under the stars while sitting on a blanket or seated at tables at the Arboretum. They can bring a picnic or purchase dinner there from vendors. The atmosphere has always been casual
Some of the Cal Phil’s rock-friendly and family-friendly programming has included a suite based on the works of rock band Queen which had the entire audience singing along to “We Are the Champions.” Another selection was “The Little Mermaid Suite.” Summer 2011, the Cal Phil has a concert called Beethoven & The Beatles with the Fab 4. They include many Broadway hits in their programming.
Principal Clainetest Michael Arnold, represented the musicians’ side of the issue at the press conference and was deeply saddened with the news. Arnold has been with CalPhil since the beginning in 1996 and said he was concerned that many musicians could be put out of work as a result of the Arboretum Foundation’s choice.
Musicians Local 47 held a meeting Tuesday May 4 that drew more than 75% of Cal Phil musicians and members of the Pasadena Symphony
“Professional Musicians, Local 47 announced its support of California Philharmonic musicians today after a critical meeting with the orchestra musicians and the Cal Phil Orchestra Committee, who turned out to the union’s weekly board meeting in unprecedented numbers to address the recent decision to displace them from their longtime venue of the L.A. County Arboretum”
“We have some concerns about the entire process that was used by the Los Angeles County Arboretum and Botanical Gardens to make the decision not to continue the California Philharmonic performances at the L.A. County Arboretum,” said Local 47 Vice President John Acosta. “We are working with all diligence to seek information which will help us determine how this process unfolded. Once completed, the findings will be made available to the membership and public at large upon request.”
“Our role as the musicians union is to ensure that all musicians are treated fairly,” said Local 47 Secretary/Treasurer Gary Lasley. “To that end, we will request information from the parties involved to assure a fair and transparent decision and process.”
“We had a full house. No open chairs and some people standing in the back. Our conductor attended the meeting and he was overwhelmed by the amount of support we received. We had 100% participation (in this process) from all the tenure and regular members of the California Philharmonic in many different ways: emails and letters of support and showing up at the two protests and today’s meeting. I am very proud of our orchestra members for their support.” Francisco Castillo, Chair, California Philharmonic Orchestra Committee
While Cal Phil does not plan to take legal action, a Letter of Protest was issued and distributed to city officials including Mike Antonovich to address Cal Phil’s legal rights:
Please see the sidebar story in this issue for a reprint of the letter Cal Phil sent to County Supervisors.
Hundreds of people have signed a petition to keep Cal Phil at the Arboretum – Hundreds more expected to sign. Former Mayor of City of Arcadia George Fasching addressed issue at City Council meeting Wednesday night – A Letter of Protest was also distributed and Cal Phil board members will meet early next week to address the situation and plan the next steps. Regardless, this summer’s Cal Phil Festival on the Green stronger than ever and will open June 25.
Cal Phil Board Sends Letter to County Board of Supervisors Seeking Answers
The Board of Directors at California Philharmonic has sent the following letter in response to the decision of the Arboretum Foundation to replace Cal Phil with Pasadena Pos in 2012.
“Dear Supervisors Antonovich, Knabe, Molina, Ridley-Thomas, Yaroslavsky, and Mr. Fujioka,
At 8 p.m. on April 27, 2011, Richard Schulhof, the Executive Officer of the Los Angeles County Arboretum called Victor Vener, the California Philharmonic’s Music Director, on his cell phone, to inform him that the California Philharmonic was no longer invited to partner with the Arboretum and put on its Festival on the Green summer concert series at the Arboretum. Twelve minutes later, a Press Release on letterhead of Russ Guiney of the County’s Department of Parks & Recreation (“County”) was released, announcing that the Los Angeles County Arboretum would be negotiating exclusively with a different symphony, the Pasadena Symphony Association, for the summer concert series.
As the Executive Officer, Mr. Schulhof’s apparent authority to negotiate agreements on behalf of County and the Arboretum Foundation has never been questioned. Indeed last year, when the California Philharmonic’s seven-year agreement to perform the Festival on the Green concerts expired, Mr. Schulhof entered into negotiations with the California Philharmonic for another multi-year contract. In October 2010, Mr. Schulhof was still negotiating terms for renewal of the contract with Victor Vener, and the California Philharmonic was ready and willing to negotiate and agree to terms with the Arboretum. However, Mr. Schulhof abruptly stopped negotiating, and indicated the Arboretum Board was going to take the contract out to bid through a Request for Proposal (“RFP”) that would be issued in January. Why the California Philharmonic was denied the opportunity to renew a partnership agreement in October, and why it was forced to spend scarce resources responding to an RFP in order to keep the partnership it had created and successfully maintained over the years, remains a mystery.
In light of the response to the RFP, it is hard to imagine why an RFP was issued. Never before in the California Philharmonic’s experience had County utilized an RFP process to select a musical organization to perform a concert series at its parks. The Arboretum had access to any information it desired about the California Philharmonic, and had already begun negotiations. Only one other symphony in this community had the minimum qualifications to compete with the California Philharmonic for the Arboretum summer concert series, and that was the Pasadena Symphony. At all times, the Arboretum had the ability to negotiate with the Pasadena Symphony if the California Philharmonic was not meeting its obligations or the Arboretum’s or County’s expectations. If the Arboretum’s goal was to increase audience participation to increase revenue, there was no need to look beyond its own backyard. The California Philharmonic’s concerts featuring Maestro Victor Vener, arguably the “father” of admission-charged concerts in parks in Los Angeles County, have regularly attracted crowds of 4,000 to 5,000 music lovers per event. (The Arboretum’s capacity is 5,000). The California Philharmonic’s audience turn-outs are second only to the Los Angeles Philharmonic at the Hollywood Bowl when contrasted with similar productions in Southern California, and nearly double that of all other outdoor regional symphonies. On the other hand, in 2009 the Pasadena Symphony entered into a partnership with the City of Pasadena for use of the Lawn adjacent to the Rose Bowl as a home for its summer concerts, and before, its home base was the Descanso Gardens. Its audience participation at these sites never reached over 2,000. If the Arboretum was interested in increased rental income, a greater number of musical productions, a diversity in programming, or any other terms that would have generated increased revenue and attracted a still wider audience (within the physical limitations of the Arboretum site), it merely could have negotiated with the California Philharmonic. It has a proven track record in the community and at the Arboretum, a devoted following, tremendous critical acclaim, and a stable financial base. Importantly, for 15 years the Los Angeles County Arboretum has been the summer home of the California Philharmonic. The decision to deny it the right to re-negotiate its partnership and maintain its roots at the Arboretum leaves the California Philharmonic, its musicians, its volunteers, and its subscribers and fans, with no home at all. It also jeopardizes the existence of the California Philharmonic and its other partnership with the Walt Disney Concert Hall and its summer Sunday afternoon concerts.
The Arboretum’s decision to oust the California Philharmonic, for no actual or apparent reason, is irresponsible to the residents of the County of Los Angeles. This decision, as it has been explained to the California Philharmonic, was made solely by the Arboretum Foundation without any input or direction of County, except to issue the Press Release affirming support of the decision. As we understand it, no one from County evaluated, voted upon, made any recommendations, or participated in the selection process concerning which symphonic organizations the Arboretum would negotiate with. No one from County participated in the panel that interviewed representatives of the California Philharmonic in the RFP process. We cannot fathom that a decision to cast out the California Philharmonic from a County Park can rest solely with a secret, uncommunicative, private group, or that County allowed a decision with such dire consequences to be made by a private group with no County oversight.
County’s Press Release states that the Arboretum’s authority for cancelling its partnership agreement with the California Philharmonic is drawn from the 1998 Joint Operating Agreement that allows the Arboretum to manage special events. The California Philharmonic questions this authority. Its initial agreement to develop the Arboretum grounds into a concert venue precedes that Operating Agreement and was made directly with County. Arguably, the California Philharmonic’s partnership with the County of Los Angeles was “grandfathered” even before the Arboretum Foundation entered into an agreement with County to co-manage the Arboretum grounds. In addition, the Festival on the Green is not a “special event”, like a wedding or a garden show; since 1997, the California Philharmonic has presented the Festival on the Green in partnership with County and the Arboretum. This was confirmed by Mr. Schulhof himself in County’s Press Release, that states, “the Arboretum thanks the California Philharmonic for over a decade of successful partnership”. As a partner, the California Philharmonic has indeed provided its shares of successes for the Arboretum and County. Since it created the Festival on the Green venue, the California Philharmonic has generated over $500,000 for the Arboretum in rental income alone, and immeasurable revenue from Arboretum patrons driven by California Philharmonic marketing. Over the past 15 years, the California Philharmonic has provided vendor opportunities to more than 25 local restaurants. Its community partnerships have distributed free tickets to families with low incomes, local charities, and students. Every year the California Philharmonic gives opportunities to 700 adult and youth volunteers from Los Angeles County to learn about classical music, and to participate behind the scenes in the production of a major outdoor musical and cultural experience. The California Philharmonic’s partnership with the Arboretum has been rewarding for all parties and the community in many ways.
Even assuming the Arboretum had the sole and exclusive right to end the partnership with the California Philharmonic, the Request for Proposal process it employed was flawed and improper. It does not explain the method of selection of the winning proposer to avoid any appearance of impropriety, collusion, or conflict of interest. Indeed, neither the California Philharmonic nor the public has any idea how the Pasadena Symphony was chosen to negotiate a partnership with the Arboretum at the California Philharmonic’s expense. The process was suspicious and raised many questions. For example,
How did the Arboretum weigh a proposer’s strengths or weaknesses?
Did the Arboretum Foundation consider the attached references and testimonials the California Philharmonic provided from the community, its musicians, its volunteers, its vendors, and the media?
What value did the Arboretum place on the California Philharmonic’s 15 year partnership that generated near-full capacity audiences?
How important in the decision was the California Philharmonic’s experience in organizing, setting up, and dismantling seamlessly perfect productions on the Arboretum grounds, providing its own equipment, tables, chairs, portable toilets, stage, sound system, electrical system, staff, volunteers, and clean-up crew?
How did the Arboretum rate income generation, reputation, programming, production, audience satisfaction, financial strength, or service to the community?
We do not know.
The California Philharmonic demonstrated with proven data that since 1997 it brought over 300,000 patrons to the Arboretum grounds, that it generated more than $30 million for the local economy and $520,000 in rental revenue alone for the Arboretum, that it included the Arboretum’s name, logo, and address on marketing materials including over 10 million direct mail brochures and on its website, that its 3,000 volunteers have logged over 140,000 hours of community service, and that it has had no complaints about its clean up after concerts or its respect for the grounds.
In disturbing contrast, the Pasadena Star News reported Thursday, “The PSA [Pasadena Symphony Association], beleaguered with financial troubles for the last few years, would benefit from both increased exposure and an additional income source [that moving to the Arboretum would offer]”. In the same article, PSA’s Mr. Zdunek states the move to the Arboretum will allow the PSA to perform to a wider audience. But, how can that be? The California Philharmonic has been filling the Arboretum concert lawn to capacity, and the Pasadena Symphony, in its past venues, has not. If anything, it appears the Arboretum Foundation believes the same audience will come to the Arboretum no matter which symphony is playing. This is a careless and irresponsible notion, clearly not researched and evaluated with care, if at all. It also shows a disregard for the sophistication and musical taste of the public that loves and supports the California Philharmonic and its respected Maestro, Victor Vener. Many of the Arboretum Board has never attended a California Philharmonic concert at the Arboretum, and it is not known whether Mr. Schulhof has ever attended. No one who attends a California Philharmonic concert forgets Dr. Vener. Dr. Vener’s appeal was warmly expressed by Ayke Agus, a California Philharmonic violinist and pianist: “Maestro Victor Vener has proven over and over – each time I sit and play on one of the seats in the Festival on the Green – how the Maestro manages to put a spell over his audiences through his introductory and educational presentation of each work of musical composition. He follows this with an exciting, moving musical journey which often takes the audience’s breath away.”
The Pasadena Star News article from last Thursday offers a disturbing quote from Mr. Schulhof about the new partnership plans between the Arboretum and the Pasadena Symphony: “’We [Mr. Schulhof and Mr. Zdunek] have to sit down and work out the details of the relationship,’ such as seating and pricing, range of programming, the financial benefits to both as well as protection of the landscape”. What was the point of requesting intensely detailed information on these subjects in the RFP if they were all to be determined after a winning proposer was selected? Between the California Philharmonic and the Pasadena Symphony, what overwhelming qualification did the latter present to the Arboretum Foundation that resulted in denying the California Philharmonic at least an equal opportunity to negotiate a new partnership agreement at the venue it created and has called its home for 15 years?
Mr. Schulhof and the Arboretum Board have taken the California Philharmonic through a months-long, wrenching, and troubling string of events that may lead to the destruction of the California Philharmonic for no good reason and with utter disregard for County’s or the public’s interest. The California Philharmonic created the outdoor concert concept out of the Bauer Lawn and Fountains at the Arboretum, and has grown the site into an amazing and lucrative outdoor musical venue called the Festival on the Green for 15 consecutive summers. Now that the Festival on the Green is established, stable, and has become a much-loved and well-attended cultural phenomenon in Los Angeles County, the Arboretum Board is poised to snatch it away from the California Philharmonic and give it to a competitor. Why? No one knows because the Arboretum Foundation has acted like a privately-held company in complete secrecy.
The Arboretum did not consider the public’s interest when it decided to drive out the California Philharmonic from its Festival on the Green home. Within 48 hours after the word began to spread, demonstrators gathered at the Arboretum to protest this reckless decision. Attached are signatures of citizens of the County of Los Angeles who, with very little notice, changed their plans on Saturday morning to voice their shock and concern over the eviction of the California Philharmonic. This representative group wants action.
Late last year, when the Arboretum Foundation abruptly stopped negotiations with Victor Vener and pronounced that it would be issuing a Request for Proposal, Dr. Vener verbally protested. In response, the President of the Board of the Arboretum Foundation told Dr. Vener that the only way the California Philharmonic would get a contract would be if it wins the bid, or if County forces the Arboretum to give him one. The California Philharmonic is a respected institution in the County of Los Angeles. At this point, it did not “win the bid”. Its only recourse is to seek County’s assistance to be treated in an even-handed, fair manner.
The serious, irresponsible decision of the Arboretum Foundation, involving a multi-million dollar partnership with the Los Angeles community over multiple years, raises questions about how much unfettered autonomy County has given to the Arboretum Board, which seems to yield its power without any County audit, oversight, input or control. If County has any safeguards in place to ensure that the Arboretum Board is acting equitably and fairly, with complete transparency, this is the time to implement them.
The Board of Directors of the California Philharmonic on behalf of its 300 musicians and choir-members, its volunteers, and its faithful and loyal public, protests the unilateral, unsubstantiated decision of the Arboretum Board to oust the California Philharmonic from its home of 15 years and deny it the right to negotiate for a renewed partnership agreement. The California Philharmonic appeals this reckless decision to the County Board of Supervisors and the County Executive Office, and requests an immediate investigation of the Arboretum Foundation and the manner and method by which it selected the Pasadena Symphony over the California Philharmonic to negotiate for future summer concerts. The California Philharmonic and the public have a right to transparency in a process that results in substantial revenue to County, job creation, good will, and the use of its public and cultural resources.
The California Philharmonic’s desire is to renew its cherished partnership with the Arboretum and the County of Los Angeles, and to continue to provide music, culture, and education to the citizens of Los Angeles County. In a fair and transparent process, the California Philharmonic would be afforded that privilege. Thank you.
Sincerely,
Elizabeth M. Kessel
Board Member
On behalf of the Board of Directors”
