HomeMy WebLinkAbout05/14/2019 Arts and Culture Commission - Regular Meeting Packet
CITY OF GILROY
ARTS AND CULTURE COMMISSION
(“In partnership with City Council, the Arts & Culture Commission promotes the Arts in the Gilroy community.”)
REGULAR MEETING
MAY 14, 2019
5:30 p.m.
Recreation Conference Room
7351 Rosanna Street
Gilroy, CA 95020
AGENDA
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KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the people's
business. This ordinance assures that deliberations are conducted before the people and that City
operations are open to the people's review.
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT
ORDINANCE, TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A
VIOLATION OF THE ORDINANCE, CONTACT THE OPEN GOVERNMENT
COMMISSION STAFF AT (408) 846-0204/shawna.freels@cityofgilroy.org
PUBLIC COMMENT GUIDELINES:
During the PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA portion of the
meeting, each person wishing to speak should prepare a presentation of not more than three (3)
minutes. Persons wishing to address the Commission are requested, but not required, to complete
a Speaker’s Card located at the entrances. Completion of this speaker’s card is voluntary. All
persons may attend this meeting and speak, regardless if a card is completed or not. Speaker’s
slips should be submitted to the Secretary BEFORE this portion of the meeting begins. Anyone
wishing to address the Commission on any other item on this AGENDA is requested, but not
required, to fill out a speaker’s slip as well and submit it to the Secretary BEFORE the
Commission takes action on the item.
Materials related to an item on this agenda submitted to the City of Gilroy Arts & Culture
Commission after distribution of the agenda packet are available for public inspection with the
agenda packet in the Recreation Department at City Hall, 7351 Rosanna Street during normal
business hours. These materials are also available with the agenda packet on the City website at
www.cityofgilroy.org”
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Recreation Department at (408) 846-0460.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements
to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II)
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Mission Statement: “To be an advocate for cultural and artistic activities in the Gilroy
Community. To build bridges and promote communication through cultural and artistic
opportunities for all individuals, thereby improving the quality of life in our city.”
I. CALL TO ORDER
II. FLAG SALUTE
III. SECRETARY'S REPORT
IV. APPROVAL OF MINUTES
A. February 12, 2019
V. APPROVAL OF AGENDA
VI. INTRODUCTIONS
A. Karla Sward
B. Sally Armendariz
VII. AWARDS/RECOGNITIONS
VIII. PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
IX. PRESENTATION TO COMMISSION
1. Presentation of the City of Gilroy Board, Commission &
Committee Member Handbook by City Clerk
X. NEW BUSINESS
A. Gilroy Museum's Annual Presentation and Commission Approval
to Transfer Funds to Museum
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
It is recommended the Arts and Culture Commission approve to
recommend to the City Council to transfer the interest accumulated
($571.77) from the “Museum Trust Fund” to the “801 Fund” in order for
the Museum to continue its mission to preserve and protect the City’s
historical collection.
B. Approve Arts and Culture Commission Presentation Dates to City
Council
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1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
It is recommended that the Art and Culture Commission motion to
approve two of three available dates for their annual presentation to City
Council for 2019. The City Clerk will select the final date.
XI. OLD BUSINESS
A. Finalize and approve 2019 Arts and Culture Commission Work
Plan
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Approve 2019 Arts and Culture Commission Work Plan that was
developed at the March commission retreat.
B. Fiscal Year 2019 Training Budget Expenditures
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Motion and approve any Arts and Culture Commission related training
expenditures.
XII. PUBLIC ART COMMITTEE UPDATE
XIII. GILROY ARTS ALLIANCE UPDATE
A. Gilroy Arts Alliance Report
XIV. STAFF REPORTS
A. Recreation Staff Report
1. Staff Report: Adam Henig, Recreation Manager
2. Public Comment
3. Possible Action:
Receive and comment.
XV. STUDENT REPRESENTATIVE COMMENTS
XVI. COMMISSION COMMENTS (Arts-Related)
XVII. STAFF COMMENTS
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XVIII. ADJOURNMENT
XIX. FUTURE MEETINGS June 11, 2019 at 5:30 P.M.
CITY OF GILROY
ARTS AND CULTURE COMMISSION
(“In partnership with City Council, the Arts & Culture Commission promotes the Arts in the Gilroy community.”)
REGULAR MEETING
FEBRUARY 12, 2019
5:30 p.m.
City Council Chambers
7351 Rosanna Street
Gilroy, CA 95020
MINUTES
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I.CALL TO ORDER
Attendee
Name
Title Stat
us
Arriv
ed
Bruce Morasca Commissio
ner
Pres
ent
Marika
Somorjai
Commissio
ner
Pres
ent
Wendy Sue
Kissa
Commissio
ner
Pres
ent
Maricela
Andrade
Commissio
ner
Pres
ent
Nancy Fierro Commissio
ner
Pres
ent
5:38
PM
Barbara
Bottini
Commissio
ner
Abs
ent
II.FLAG SALUTE
III.SECRETARY'S REPORT
The Agenda and Packet were posted on Friday, February 8, 2019 at 8:50 AM.
IV.APPROVAL OF MINUTES
A.January 8, 2019 Regular Meeting Minutes
Motion was made by Commissioner Wendy Sue Kissa to approve the January 8,
2019 Regular Meeting Minutes. Motioned seconded by Commissioner Maricela
Andrade.
Motion passed 5-0-0.
V.APPROVAL OF AGENDA
A.New Section
Motion was made by Commissioner Kissa to approve agenda. Motion seconded by
Commissioner Andrade.
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Motion passed 5-0-0.
VI.INTRODUCTIONS
A.New Arts and Culture Commissioner Wendy Sue Kissa
Commissioner Wendy Sue Kissa introduced herself. She has been resident of
Gilroy for 3 years and has a passion for the arts.
VII.AWARDS/RECOGNITIONS
None.
VIII.PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
None.
IX.NEW BUSINESS
A.Development of a Gilroy 150th Anniversary Celebration Logo
Mayor Roland Velasco informed the commission the City of Gilroy will be
celebrating its 150th anniversary on March 12, 2020. He is working with a
committee, brainstorming ideas for a celebration that will occur throughout the
year. Velasco asked the commission if they would be interested in organizing a
contest to redesign the City logo. The proposed new logo would be used on the City
website as well as stationary during the 2020 calendar year.
Commissioner Morasca mentioned the Public Art Committee has several artists
who may be interested in participating. Commissioner Kissa asked if there was a
budget for promotional purposes. Commissioner Somorjai asked if there was a
deadline. Velasco and the committee had not established a budget yet and no set
deadline was established, but will have more details for the commission soon. Kissa
asked about logo dimensions. Staff member Henig informed her he would provide
the information at a later date. Morasca suggested there be a subcommittee to
discuss the details and proceed with the Anniversary Logo project. Commissioners
Somorjai, Andrade and Kissa volunteered to be on the subcommittee for the project.
Henig suggested the subcommittee have city staff present.
Motion made by Commissioner Kissa to accept the Mayor’s challenge of
proceeding with the redesign of the city logo project/contest. Motion seconded by
Commissioner Fierro.
Motion Passed 5-0-0.
B.Recommend Public Art Committee applicant to City Council
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Staff member Henig informed the Commissioners the Public Art Committee (PAC)
has two applicants which need to be approved for recommendation to City Council.
Fierro inquired how many spots were open. Henig informed her there were three
vacancies, one of which needs to be a member of the Arts and Culture Commission.
Lifelong Gilroy resident Otmar Alvarado applied. He is a writer, photographer and
painter. Morasca asked Otmar what type of public art he would like to see in the
community. He mentioned a deconstructed Garlic. Resident Federico Saldaña was
the second applicant. He has been teaching for 15 years. While previously teaching
art at Christopher High, he assisted students in hosting an art show at downtown
businesses. Saldaña also works with the Garlic Festival as the Co-Chair of the Arts
and Crafts committee. Morasca asked Saldaña what type of art he hopes to see in
the community at which time he stated more student created art.
Motion made by Kissa to approve recommendation of Alvarado and Saldaña to City
Council to serve on the Public Art Committee. Motion seconded by Fierro.
Motion passed 5-0-0.
X.OLD BUSINESS
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A.Selection of Chair and Vice-Chair of Arts and Culture Commission
Commissioner Morasca informed the commissioners to pick amongst themselves
who would like to be Chair and Vice Chair of the Arts and Culture Commission.
Kissa volunteered to be Chair of the commission and Fierro as Vice Chair. Kissa
did mention she spends summer months on the East Coast at which time she could
telecommunicate to meetings. Henig reminded the commission of the
teleconferencing policies.
Motion was made by Andrade to appoint Kissa as Chair and Fierro as Vice Chair.
Motion seconded my Somorjai.
Motion Passed 5-0-0.
B.Appoint Arts and Culture Commissioner to serve on General Plan
Advisory Committee
Fierro volunteered to be the liaison for the GPAC. Motion was made by Kissa to
appoint Fierro to serve as the Arts and Culture Commissioner on the General Plan
Advisory Committee. Motion seconded by Andrade.
Motion Passed 5-0-0.
C.Selection of 2019 Retreat Date
Henig informed commissioners about the standard details of the annual commission
retreat. Commissioner Morasca suggested the commission have one within the next
two months. Commissioner Kissa recommended the meeting be held in March.
Somorjai agreed. It was decided to have food at the retreat. Staff member Henig
advised no food allowed in the Council Chambers and will look into another city
facility to hold the meeting.
Motion made by Kissa to approve the retreat date to March 12, 2019 at 5:30 pm.
Motion Seconded by Fierro.
Motion passed 5-0-0.
D.Arts and Culture Commission Representative(s) to serve on Public
Art Committee
Commissioner Morasca explained the duties of the Arts and Culture Commission
liaison to the Public Art Committee (PAC). Commissioner Fierro volunteered
herself to serve as the representative. Motion was made by Kissa to appoint Fierro
as the commissioner to serve on PAC. Motion seconded by Andrade.
Motion passed 5-0-0.
E.Commission Work Plan and Strategic Plan Update
Commissioner Morasca stated the work plan and strategic plan be updated and
discussed at the retreat. Commissioner Fierro mentioned to everyone they look over
the current plan to be ready to discuss goals, projects and subcommittees.
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F.Fiscal Year 2019 Training Budget Expenditures
Staff member Henig reminded the commission of the remaining funds for training
purposes which has only been used to purchase business cards and will be expiring
at the end of the fiscal year.
Commissioner Fierro mentioned she had created a list of seminars and training
events which commission members can attend.
XI.PUBLIC ART COMMITTEE UPDATE
Commissioner Morasca stated the Public Art Committee held no meeting last
month, no update.
XII.GILROY ARTS ALLIANCE UPDATE
A.Gilroy Center for the Arts Monthly Report
See attached report
XIII.STAFF REPORTS
A.Recreation Arts and Museum Report
Staff member Henig stated the museum staff would like to give an annual
presentation of events in the coming months.
The children’s theater production, Mary Poppins, will be performed in April at
Gilroy High School Theater. The Spring/Summer Activity Guide is being put
together by the Recreation Department staff.
XIV.STUDENT REPRESENTATIVE COMMENTS
Christopher High Student Representative Paetra informed the commission of the
school’s recent and upcoming events. The drama department will be performing
Taming of the Shrew, with public performances March 15, 16, and 22 at 7:00 pm
and a matinee at 2:00 pm on March 16. The group will also be traveling to London
and Moscow to perform. The Choir Department will be hosting an open mic night
on Friday, February 16th, tickets are $5. The school Band is holding a spring
concert March 5 7:00 pm at the school. The band is also hosting a spaghetti feed
fundraiser March 6 from 4:30 pm to 7:30 pm. The District concert will be held on
March 20 at Christopher High. The Photography Department has two students
whose art will be displayed at the New Museum of Los Gatos Art Now. The
Company C Dance Team is currently preparing to compete in Florida over spring
break at Nationals
XV.COMMISSION COMMENTS (Arts-Related)
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Commissioner Somorjai asked if there's a rule on age requirement for a new
commissioner at which time she was informed 18, which is the voting age.
Commissioner Fierro mentioned she would like more community outreach by the
commissioners. Fierro plans to create a list of art-related events in the city that
commissioners can attend.
Commissioner Andrade mentioned she would like to know more about local events
and more ways to get involved.
XVI.STAFF COMMENTS
None.
XVII.ADJOURNMENT
Meeting adjourned at 6:55 PM.
XVIII.FUTURE MEETINGS March 12, 2019 at 5:30 P.M.
Vanessa Arteaga,
Recreation Department
Recording Secretary
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Produced by the Gilroy City Clerk’s Office
BOARD, COMMISSION
& COMMITTEE
MEMBER HANDBOOK
2019
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WELCOME AND ORIENTATION
Welcome and thank you for your willingness to serve as a member of a
City of Gilroy Board, Commission or Committee. Advisory bodies play an
important role in city governance by assisting the City Council in addressing
specific issues in detail, lending professional expertise, and facilitating
community decision-making.
The City of Gilroy has a number of advisory bodies, each with distinct
responsibilities. As a new advisory body member you will need to familiarize
yourself with the documents governing your particular body including the City
Charter and ordinances, bylaws, relevant element(s) of the General Plan, and
current work plan goals, all available from your staff liaison. Reviewing these
documents will help you get a sense of your responsibilities.
This Handbook is designed to serve as a reference of the basic
procedures that apply to all City advisory bodies. Your staff liaison will facilitate a
general orientation to familiarize you with your advisory body and go over current
issues that have been under consideration.
Learning your role and developing an effective voice takes time and
familiarity. We hope this Handbook will assist you towards a satisfying and
productive experience. Your participation is deeply appreciated by the City
Council, by city staff, and by your community.
The vitality and strength of our community comes from the willingness of
people like you who serve Gilroy.
Respectfully,
Gilroy City Council and City Staff
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Table of Contents
WELCOME AND ORIENTATION .......................................................................... i
THE STRUCTURE OF CITY GOVERNMENT ...................................................... 1
Form of Government ....................................................................................... 3
City Council ..................................................................................................... 3
Boards, Commissions and Committees ........................................................... 3
City Officers, Departments, and Staff .............................................................. 4
BOARD, COMMITTEE & COMMISSION MEMBERSHIP ..................................... 5
Appointments................................................................................................... 7
Resignations and Removals ............................................................................ 7
Attendance ...................................................................................................... 7
Vacancies ........................................................................................................ 7
Annual Recognition ......................................................................................... 8
Terms .............................................................................................................. 8
BOARD, COMMITTEE & COMMISSION OFFICERS AND STAFF ...................... 9
Officers .......................................................................................................... 11
Staff ............................................................................................................... 11
Records ......................................................................................................... 11
Expenses ....................................................................................................... 11
PREPARATION FOR MEETINGS ...................................................................... 13
Preparation .................................................................................................... 15
Action ............................................................................................................ 15
Agenda Questions ......................................................................................... 15
Limits of Authority .......................................................................................... 15
Objectivity ...................................................................................................... 15
Openness ...................................................................................................... 15
Clarifications .................................................................................................. 16
Conflicts of Interests ...................................................................................... 16
Remote Participation ..................................................................................... 16
MEETINGS ......................................................................................................... 17
Regular Meetings .......................................................................................... 19
Adjourned Meetings ....................................................................................... 19
Special Meetings ........................................................................................... 19
Subcommittees .............................................................................................. 19
Quorum ......................................................................................................... 19
Agendas ........................................................................................................ 20
Minutes .......................................................................................................... 20
Procedure ...................................................................................................... 21
Work Plan ...................................................................................................... 21
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Table of Contents (Continued)
MEETING MANAGEMENT ................................................................................. 23
Proceedings................................................................................................... 25
Decorum at Meetings .................................................................................... 27
Effective Conflict Management ...................................................................... 27
Basis for Your Decision ................................................................................. 28
Motions .......................................................................................................... 28
Role of Chair.................................................................................................. 29
Responsibilities of Chair ................................................................................ 29
ROLES, RESPONSIBILITIES AND RELATIONSHIPS ....................................... 31
Council-Advisory Body Relationship .............................................................. 33
Code of Ethics and Values ............................................................................ 33
Staff-Advisory Body Relationship .................................................................. 34
Staff Responsibilities ..................................................................................... 34
Relations with Other Boards, Commissions and Committees ....................... 35
City Clerk ....................................................................................................... 35
City Attorney .................................................................................................. 35
IMPOSED RESTRAINTS .................................................................................... 37
Conflicts of Interest ........................................................................................ 39
Public Records Laws ..................................................................................... 39
The Brown Act & Gilroy Open Government Ordinance ................................. 39
Discrimination and Equal Protection .............................................................. 40
Due Process .................................................................................................. 40
Reasonableness ............................................................................................ 40
Use of Public Property ................................................................................... 40
Conflict of Interest Code: Disclosure Requirements ...................................... 40
Use of City Email ........................................................................................... 41
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THE STRUCTURE OF CITY
GOVERNMENT
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THE STRUCTURE OF CITY GOVERNMENT
A. FORM OF GOVERNMENT
Generally, there are two sources of authority by which California cities
govern themselves. General Law cities adhere to the provisions and
requirements established as general law by the state of California. Charter cities
use the election process to adopt a charter or constitution, which sets forth the
basis and authority for all future actions not in contradiction with pre-emptive
state law. Gilroy is a Charter City as are approximately 20% of California cities.
B. CITY COUNCIL
The City Council is a 7 member body consisting of 6 Council Members
elected at large in even numbered years to staggered four-year terms, and one
directly elected Mayor serving a four-year term.
The City Council is the governing body of the City, vested with the
regulatory and corporate power of the municipal corporation. The Council serves
as the City’s board of directors and legislative body. It sets goals and priorities
and establishes policies. The Mayor is the presiding officer of the Council, and
the official spokesperson and representative of the City.
It is not possible for each Council Member to know all pertinent facts of
every given situation. For counsel and advice on the practical application of
established policy, reliance is placed on the service of interested citizens
appointed to the various advisory bodies. For technical and administrative
assistance, both the Council and the advisory bodies refer to the City
Administrator and the City Administrator’s staff.
C. BOARDS, COMMISSIONS AND COMMITTEES
There are two types of advisory bodies. One is permanent with duties,
responsibilities, and scope of authority is set forth in an enabling ordinance or the
Charter. The other is ad hoc and typically created by action of the Council to
serve a particular function during a specified time.
In both instances, the primary purpose of these entities is to gather
information, weigh public input, and examine issues in depth to render a
recommendation to the Council and the City Administrator. Certain advisory
bodies also have decision-making authority in certain circumstances.
A brief description of the various advisory bodies and their primary
functions is available from the City Clerk’s office.
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D. CITY OFFICERS, DEPARTMENTS, AND STAFF
The City Council appoints the City Administrator, City Clerk and City
Attorney.
1. City Administrator
The City Administrator has complete responsibility and authority for
the administration of the City’s government. This individual is appointed
by, and serves at the pleasure of the Council, and is the appointing
authority for the City, selecting the department heads and other
employees.
2. City Clerk
The position of the City Clerk is established by state law, and has
responsibility for conducting all municipal elections, acting as legislative
support to the City Council, and maintaining all official city records. This
individual is appointed by, and serves at the pleasure of the City Council
3. City Attorney
The City Attorney is also appointed by, and serves at the pleasure
of the City Council, and is retained to advise the Council and staff on
questions of law, to represent the City in legal actions and other actions to
which the City is a party, or as otherwise may be requested by the City
Council.
4. Departments
The administration of Gilroy’s government is provided by the City
Administrator and the following departments: Administration, Community
Development, Finance, Fire, Human Resources, Police, Public Works and
Recreation. The heads of departments are appointed by the City
Administrator with the consent of the Council, and serve at his/her
pleasure. By virtue of their technical training and experience, they are
assigned by the City Administrator to provide staff assistance as needed
to the advisory body. However, the advisory bodies have no authority to
supervise or direct the work of city staff. This is done only through the City
Administrator.
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BOARD, COMMITTEE & COMMISSION
MEMBERSHIP
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BOARD, COMMITTEE & COMMISSION MEMBERSHIP
A. APPOINTMENTS
In order to be eligible for appointment to an advisory body (with the
exception of the Youth Commission), a person must be a qualified registered
voter of the City, and may not hold any paid office or employment in the City
government.
After application, interview and selection, board, committee and
commission appointments are made by majority vote of the Council for specified
terms, which are mostly four years in length. Each advisory body member must
be administered the oath of office by the City Clerk prior to being seated. In
some instances, disclosure of economic interests may be required by the city’s
Conflict of Interest Code under the regulations of the California Fair Political
Practices Commission.
B. RESIGNATIONS AND REMOVALS
If a member is unable to continue serving because of health, business
requirements or personal reasons, a letter or email of resignation should be
submitted to the staff liaison.
The position of any member is automatically vacated when the member
ceases to meet the qualifications for office, when Council accepts the member’s
resignation, or when the Council so declares.
C. ATTENDANCE
The City has attendance standards for all members of the City’s advisory
body’s. A member shall be automatically removed from an advisory body under
the following conditions:
1. A member has more than two excused absences and one
emergency absence from regular meetings in a calendar year.
(Resolution 2018-41)
2. A member absents themself from three consecutive regular meetings
without the approval of the body as expressed in its minutes.
D. VACANCIES
Vacancies are filled by appointment by the Council. Appointments made
in the middle of a term are for the unexpired portion of that term.
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E. ANNUAL RECOGNITION
Advisory body members are honored annually at the city volunteer
appreciation event.
F. TERMS
No person shall serve more than two consecutive full terms on the same
policy body. A member who has served two consecutive full terms shall not be
eligible for reappointment to the same policy body for four years.
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BOARD, COMMITTEE & COMMISSION
OFFICERS AND STAFF
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OFFICERS AND STAFF
A. OFFICERS
Each year, every advisory body will select from its membership a
chairperson and a vice chairperson who serve at the pleasure of the advisory
body. The term is for one year. It is the chairperson’s duty to preside over
meetings and to present such reports as are required or requested by the
Council, and to act as the formal representative in communications with the
Council. The vice chairperson acts in this capacity when the chairperson is not
available.
B. STAFF
The services of the city staff assigned to the advisory body are
coordinated by the City Administrator. The City Administrator shall provide a
secretary for the recording of the minutes of each advisory body who shall keep a
record of its proceedings and transactions.
C. RECORDS
The agenda, meeting reports, minutes, audio or video and other official
records of an advisory body are public records. Agendas, minutes and notices of
adjournment or special meetings must be posted as required by the Ralph M.
Brown Act and Gilroy Open Government Ordinance.
D. EXPENSES
Necessary meeting space and equipment will be made available to the
advisory body. If a budget is provided, the advisory body is required to operate
within budgetary limitations, with all expenditures requiring prior approval by the
advisory body. Mileage and personal expenditures associated with attendance
at approved conferences, hearings and other meetings will be reimbursed
according to city policy. In all instances, the purchasing procedures of the City
apply.
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PREPARATION FOR MEETINGS
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PREPARATION FOR MEETINGS
A. PREPARATION
Be prepared. Thoroughly review the agenda packet, including agenda
reports, and any other materials before the meeting. The issues that come
before advisory bodies are important to the community as a whole and demand
your consistent attention. In agreeing to serve on an advisory body, you make a
commitment to put in the time required to prepare fully for each meeting.
B. ACTION
Understand what action you are being called upon to take for each
particular agenda item. Your agenda will clearly identify the recommendation the
policy body is being asked to make.
C. AGENDA QUESTIONS
If you have questions about the agenda or agenda report, contact your
staff liaison before the meeting to clarify questions or request further information.
D. LIMITS OF AUTHORITY
Know the responsibilities of your advisory body, as well as the limitations
of your individual authority. As a member of an advisory body you will be asked
to provide recommendations to the City Council about specific issues through
your policy body as a whole. Keep in mind that your appointment does not
empower you to supervise or direct City staff.
E. OBJECTIVITY
Keep an open mind. An objective, balanced, and receptive approach will
help you assess the facets of a given issue, and evaluate new ideas. When
receiving written and oral public testimony it will be necessary to discern between
fact and opinion, as well as between those concerns which are relevant and
those which are secondary to the issue at hand. Keeping an open mind will
make it easier for you to understand all sides of an issue before you make a
judgment or take a position. You will need to ensure you’ve been provided with
all of the facts before taking action.
F. OPENNESS
Strive to appreciate differences in approach and point of view. Diversity of
ideas sustains a thoughtful dialogue and a vibrant community. Likewise, take
care to articulate your own ideas: remember that your individual voice is a critical
part of the whole dialogue. Again, furthering common goals takes cooperation,
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flexibility, and a broad-based view of the public interest. If in doubt, return to the
foundational documents to guide your understanding of the complexities of an
issue.
G. CLARIFICATIONS
If you are unsure about something before or during the meeting, ask for
clarification from you staff liaison to ensure your decisions are based on the facts
presented. On behalf of the public, your understanding of issues is important.
Each advisory body has a City staff liaison to provide information to assist the
members throughout the decision-making process.
H. CONFLICTS OF INTERESTS
Review each agenda item ahead of the meeting to determine if you may
have a conflict due to property or monetary interests. Speak with your staff
liaison before the meeting if you believe there is an item you must recuse from
deliberating on due to conflict of interest. Staff may need to consult with the City
Clerk or City Attorney You will be required to identify the reason for recusal and
must leave the dais of the body during the deliberation of the item.
I. REMOTE PARTICIPATION
If a member of the body wishes to participate in a meeting remotely, they
may be offered the opportunity to participate by teleconference or other means
under certain conditions. See you staff liaison well in advance to coordinate any
participation from a remote location as not all circumstances will afford you the
opportunity to participate remotely. The location must be freely accessible to the
public at all times during the meeting and shall be identified on the agenda which
will be posted at the remote location. At least a quorum of the members of the
body must participate from within the City boundaries.
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MEETINGS
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MEETINGS
A. REGULAR MEETINGS
Advisory bodies are required to hold regular meetings open to the public
as provided by the enabling ordinance or the City Charter. All such meetings are
held in City Hall or another City meeting facility, and may take place from time to
time elsewhere within the City limits for specific purposes. The agenda for these
meetings must be publically noticed on the City website and at City hall no less
than 72 hours prior to the meeting.
B. ADJOURNED MEETINGS
If the business to be considered at a regular meeting cannot be
completed, the advisory body then may designate a time and date for an
adjourned meeting. This must be announced to the members of the public who
are present at the time of adjournment, and so recorded in the minutes. A Notice
of Adjournment must be posted within 24 hours of the adjournment.
C. SPECIAL MEETINGS
A special meeting may be called by the chairperson or a majority of the
members. A Special Meeting Notice must be delivered to all advisory body
members, the City Clerk, and any interested parties, including news media,
which have made a request for such notification. The notice must contain the
time and place for such a meeting and the subject matter to be considered, and
be delivered at least 24 hours prior to the meeting.
D. SUBCOMMITTEES
The advisory body may request to appoint special subcommittees of less
than a majority of the advisory body to address issues within their scope who
then may meet to carry out the purpose of the subcommittee. Your staff liaison
can assist the body in determining the scope of proposed subcommittees. If the
subcommittee has a continuing subject matter or a regularly scheduled meeting
time, it may qualify as a Brown Act committee and public notice provisions will
apply.
E. QUORUM
A quorum consists of a majority of the total number of members of the
advisory body. A quorum is required to conduct business at any meeting whether
it is a regular, adjourned, or special meeting. Certain approvals require a majority
of the entire authorized membership. While it is expected that members be
present at all meetings, the staff liaison should be notified 72 hours in advance if
a member knows that he/she will be absent.
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F. AGENDAS
Each advisory body has a staff liaison responsible for preparing an
agenda in consultation with the Chair, and distributing the agenda and supporting
documents in the agenda packet prior to each meeting. Future items to be heard
before an advisory body should be identified by the policy body at an agendized
meeting to assure placement on the desired agenda. Each policy body may have
its own agenda format, but each agenda must adhere to the Brown Act and
Gilroy Open Government Ordinance.
The Title and possible action of each item on the agenda shall be
descriptive and understandable to the public. The posted agenda also shall
indicate when opportunity is provided for members of the public to address the
advisory body. If an advisory body member or staff intends to bring up an item
for discussion or action, the item must be included on the agenda. Members of
advisory bodies may request that an item within the purview of the advisory body
be placed on a future agenda by making such a request at a meeting of the body.
Information items placed on an agenda may not be acted upon at the meeting.
Any member may, however, request that the informational item be placed on a
future agenda for action. Regular meeting agenda shall be posted at least 72
hours prior to any meeting in the public notice case and on the city website. A
notice of adjournment shall be posted at the door of the meeting, within 24 hours
of the adjournment of a meeting if a quorum is not present. Staff shall maintain a
record of the agenda and notice of adjournment posting.
Only those items appearing on an agenda may be considered at each
meeting. However, in cases of extreme emergency unanimous consent of all
members present may allow other matters to be introduced and action taken, if
urgency exists and delay would be harmful to the public interest.
G. MINUTES
Minutes are taken at each meeting to provide a record of when and where
the meeting took place, who was present, the type of meeting and what was
considered, decided and agreed upon. Summary minutes will reflect action taken
and any input the body was given to enable it to make its decisions. Emphasis is
given on the body’s thought process, not individual members’ thought processes.
The minutes will summarize only the main points which arose in discussion if,
and only if, they are relevant to the decision. The minutes are submitted to the
body for approval and are posted on the City website for public access no less
than 10 business days following the meeting. While other avenues exist for
communication of interest or opinion, the minutes of the advisory body remain
the official document of record.
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H. PROCEDURE
Each advisory body may adopt such rules and procedures as it feels
necessary to accomplish its duties. Such rules are subject to Council approval
before becoming effective. In the absence of such rules, the guidelines on
parliamentary procedure contained in Roberts’ Rules of Order may be followed.
I. WORK PLAN
A work plan is the advisory body’s plan and statement of goals within the
purview of the advisory body for the year, prepared in coordination with staff. It
should reflect the goals, priorities and policies of the City Council. It identifies
important problems, challenges, and opportunities, offers a jointly developed plan
to address these over the course of the year, and furthers a sense of shared
purpose and responsibility among advisory body members. An adopted and
published work plan will:
• Establish viable short-range objectives that further the long-range
goals of the advisory body
• Provide group direction, and keep the advisory body on course
• Provide a basis for measuring accomplishment
• Assist in the allocation of time, energy, and resources
• Promote continuity of action, and help keep the big picture focused
For example, a work program may include community outreach activity, a plan
for addressing critical community issues, an education component, or any other
tasks the advisory body identifies as key work challenges for the upcoming year.
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MEETING MANAGEMENT
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MEETING MANAGEMENT
The City of Gilroy is committed to conducting efficient, effective and
accessible government operations. The following material outlines techniques
you can use to ensure that your advisory body meetings are efficiently run and
give all residents an equal opportunity to address the issues.
A. PROCEEDINGS
1. Let the Chair run the meeting.
2. Start meetings on time. Keep the agenda in mind in order to give
each item the appropriate time.
3. Announce at the start of a meeting if the order of agenda items is to
be rearranged for convenience for those attending for certain items,
or for better pacing of the agenda.
4. Be fair, impartial, and respectful of the public, staff, and each other.
Give your full attention when others speak.
5. Remember that people may be attending a meeting for the first
time, and may be unfamiliar with your procedures. In your
discussion, either avoid or explain technical terms or verbal
shorthand.
6. Listen to audience concerns. Don’t engage in side conversations or
otherwise be distracted during public testimony. The opportunity for
public testimony is central to the strength of democracy, and is
therefore encouraged. Active listening, however, does not mean
engaging the public in debate. Your response is appropriately
saved for after the public testimony is closed. Recognize
differences of opinion and remain neutral when listening to
concerns.
7. Close the public testimony before you begin deliberations on an
issue.
8. Sometimes questions can most effectively focus discussion and
direct decision-making. For example,
For staff:
What is the history behind this item?
What are the benefits and drawbacks?
What other alternatives did you consider?
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For other advisory body members:
What do you think about this item?
What have you heard from the residents?
For the public (at a hearing):
What are your concerns?
How will this proposal affect you?
What specific, constructive, alternatives can you recommend?
For yourself:
What are we trying to accomplish?
What are the long-range interests of the community?
What guidance can be found in our foundational documents?
• Gilroy City Code
• Budget
• Capital Improvement Program
• General Plan
• Specific Plans
• Park Master Plans
• Council Goals
• Brown Act
9. Often you must balance multiple views, neither favoring nor
ignoring one individual or group over another. Your obligation is to
represent a broad-based view of the community’s long-range
interests.
10. Remember that most of the actions of your advisory body will be to
make recommendations. It is not simply a discussion group or
debating society.
11. Endeavor to end meetings by 9:00 p.m. Short breaks may be
helpful during long meetings. Late meetings can reduce the quality
of the advisory body’s work.
12. Meeting Types
Advisory bodies may meet in different types of meeting formats
including the conventional public meeting, and study sessions.
Please contact your staff liaison for a detailed explanation of these
formats and when they are appropriate.
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B. DECORUM AT MEETINGS
1. Limit Speakers to your established speaking time. A suggested ten
minutes is recommended for a group or an applicant, and three
minutes for other members of the public.
2. Discourage outward signs of agreement or disagreement from the
audience such as applause or statements from the floor. Such
demonstrations can intimidate those with an opposing view and
unintentionally discourage open public discussion of all the issues
and points of view.
3. Limit your own comments to the issues before the advisory body.
Avoid the appearance of straying from the subject or
"grandstanding". Do not interrupt speakers during their comments
and save your qualifying questions for them until after they’ve
finished speaking.
C. EFFECTIVE CONFLICT MANAGEMENT
Public Hearings or citizen input can sometimes be difficult to manage.
Participants are sometimes highly motivated and often nervous. When there is a
group of potential adversaries in one room, the possibility of conflict is high. As
an advisory body member, your role is to guide opposing views to positive
results, not to eliminate them.
The following suggestions may help you manage conflict and
confrontation effectively:
Anticipate differences by learning about the topic beforehand so
you can concentrate on the meeting’s purposes
Set meeting rules early and make sure everyone abides by them
without exception.
Explain carefully the purpose of the Public Hearing and what action
is expected at the conclusion of the hearing. Insistence on playing
by the rules is your best tool for conflict management in Public
Hearings.
All persons speaking should be encouraged to clearly identify
themselves, not only for the record, but also so that you may
address them by name.
Set an acceptable time limit for testimony (generally three minutes)
and stick to it.
Make decisions as promptly as possible. Many bodies get so
bogged down in procedural distractions, petty details and endless
searches for more information that the issue never seems to get
resolved.
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Don’t overreact to inflammatory comments. Most are expressions of
frustration and do not require answers. Turn frustration to
constructive avenues. Ask questions. Be as specific as you can.
Refer to the speaker by name. Reinforce areas where you agree.
Do not return insult for insult. Very often, the primary audience for
your response is not the person who raised the issue.
Avoid speaker-to-audience conversation. The purpose of a hearing
is to help your advisory body arrive at a decision, not to engage in
audience debate.
If members have questions of the speaker, permit these questions
following the speaker’s time at the podium.
Be careful not to prejudge the action of the advisory body. Use the
hearing to gather necessary information about the proposal and
individual desires concerning the proposal. Members should not
express their views on the proposal until after testimony has ended.
Once testimony has ended, each member should be invited to
discuss individual views on it.
View the Public Hearing as an example of participatory government
in action at the local level. Make it your personal goal to make the
Public Hearing work and ensure that everyone is fairly heard.
D. BASIS FOR YOUR DECISION
1. Advisory body decisions should be based principally on the factual
information presented to you in the open public meeting process. If
you collect pertinent information outside of the public process
through a meeting with stake holders or site visits, you are required
to share that information with your fellow advisory body members in
the public meeting. This sharing of information will ensure that
other advisory body members and members of the public have a
better understanding of the rationale for your decision.
2. Advisory body members are free to meet or refuse to meet with
residents, resident groups, developers or prospective contractors or
any persons outside of the public meeting process concerning
issues before the advisory body. If you meet with any individuals
outside of the public meeting you are required to disclose the
content of that meeting in the public meeting to again ensure that
everybody is aware of the facts and have similar information up on
which to base their decision.
E. MOTIONS
When a member wishes to propose an idea for the body to consider, the
member must make a motion. This is the only way an idea or proposal from a
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member may be presented to the body for discussion and possible action. A
motion goes through the following steps:
1. The member asks to be recognized by the chair.
2. After being recognized, the member makes the motion (I move…).
3. Another member seconds the motion. No discussion should occur
until the chair determines whether there is a second to the motion
on the floor.
4. The chair states the motion and asks for discussion.
5. When the chair feels there has been sufficient discussion, the
debate is closed (i.e., “Are you ready for the question? or “Is there
any further discussion?”).
6. If no one asks for permission to speak, the chair puts the question
to vote through consensus or roll call vote.
7. After the vote, the chair announces the decision (“The motion is
carried” or “The motion fails”, as the case may be).
Phrasing a motion is often difficult and corrections may be necessary
before it is acted upon. Until the Chair states the motion (step 4), the member
making the motion may rephrase or withdraw it. After an amendment, the motion
as amended still must be seconded and then voted upon. It is particularly
important when a motion is amended that the Chair restate the motion in order
that members are clear as to what they are voting on.
In making a motion, members should try to avoid including more than one
proposal in the same motion. This is especially important when members are
likely to disagree. If a member would prefer to see proposals divided and voted
upon separately, the member should ask the chair to divide the motion. If other
members do not object, the chair may proceed to treat each proposal as a
distinct motion to be acted upon separately. The request to divide may also be
made by motion.
F. ROLE OF CHAIR
The Chair shall preserve order and decorum at all meetings of the
advisory body, announce the advisory body decisions, and decide questions of
order. The Chair is responsible for ensuring the effectiveness of the group
process. A good Chair balances moving the discussion forward with involving all
advisory body members and allowing for adequate public participation. In the
absence of the Chair the Vice chair shall act as presiding officer.
G. RESPONSIBILITIES OF CHAIR
Ensure that the public understands the nature of the issue being
discussed (for example, reason for discussion, process to be
followed, opportunities for public input, timeline for decision).
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Keep discussion focused on the issue at hand.
Solicit opinions from advisory body members. Encourage
evaluation of new, tentative, or incomplete ideas. Discourage
overly dominant advisory body members from having
disproportionate control over the discussion.
Protect advisory body members, staff, and the public from personal
attacks.
Provide structure for addressing complicated issues.
For major items, delay analysis and action until the full range of
alternatives is on the table.
Attempt to reach decisions expeditiously on action items. At those
times when action would be premature, guide discussion toward a
timeline or framework for responsible action.
Maintain order and ensure respect for all opinions.
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ROLES, RESPONSIBILITIES AND
RELATIONSHIPS
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ADVISORY BODY ROLES, RESPONSIBILITIES AND RELATIONSHIPS
A. COUNCIL-ADVISORY BODY RELATIONSHIP
The primary purpose of all advisory bodies is to provide thoughtful advice
to the City Council, the elected policy-making body of the City. The advisory
body’s role can include hearing public testimony on the Council’s behalf, building
community consensus for proposals or projects, reviewing written material,
facilitating study of critical issues, guiding the implementation of new or
regulating established programs, assessing the alternatives regarding issues of
community concern, and ultimately forwarding recommendations to the Council
for consideration. There are times when the advisory body’s recommendation will
not be sustained or will be modified by the City Council. It is important to
recognize this not as a rejection of the integrity of the recommendation, but as an
inevitable part of the process of community decision-making.
Throughout this process, the form and formality of the relationship
between advisory body members and Council Members will vary. Some advisory
body members will have regular contact with individual Council Members, while
others may serve solely in the group context. This relationship will depend on
your advisory body as much as on you and the Council. For example, there are
times when the Chair may address the Council formally on behalf of the advisory
body, and other times when an advisory body member may meet with a Council
Member individually. At all times it is important to aim for clarity and mutual
respect for the different responsibilities and roles.
Members should avoid discussing the recommendations of the advisory
body with individual Council Members once a vote is taken, if it is for the purpose
of exerting influence. Written communications from the advisory body to the City
Council in sufficient time to be placed on the agenda is the acceptable method of
making recommendations to the Council. It is sometimes appropriate for the chair
or duly assigned member to be prepared to address the Council, to answer
questions from Council pertaining to the recommendations, and to clarify
ambiguities. It must be remembered that final authority and responsibility for
public policy decision rests with the City Council. The Council has appointed
advisory body members as advisors to them. This underlying philosophy makes it
improper for an individual advisory body member to try to persuade the Council
into the acceptance of a recommendation other than that voted by the majority of
the body. The role of an advisory body is to assist the Council in the formation of
policy, having been created for the purpose of advising, being a guide to public
opinion, and promoting specific projects in the community at large.
B. CODE OF ETHICS AND VALUES
The City Code of Ethics and Values shall be followed by appointed policy
body members inside, and outside of meetings, as representatives of the City.
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C. STAFF-ADVISORY BODY RELATIONSHIP
Staff is assigned by the City Administrator to assist and act in a technical
advisory capacity to the advisory body. It is not expected that every staff
recommendation will be followed; however, because of the staff’s technical
knowledge, full consideration should be given to their recommendation. Just as
the advisory body is held accountable to the City Council, so is the staff to the
City Administrator. After the staff makes a report or recommendation to an
advisory body (which recommendation may or may not be followed), they are at
liberty to make the same recommendation to the City Council through the City
Administrator, even though the advisory body may have taken a different
position. The staff has been employed by the manager to provide technical
guidance. Staff members make objective recommendations without
consideration of personal or political consequences. Failure of a staff member to
provide service to the advisory body as directed by the City Administrator is basis
for complaint to be brought to the attention of the City Administrator. Since staff
personnel are directly responsible to the City Administrator, it is his/her
responsibility alone to allocate their time and resources in the interest of the total
city government.
The relationship of the advisory body and staff is an active and continuous
one. Both advisory body members and staff are motivated by the shared goal of
furthering the City’s best interests. Yet, while the goal is shared, there are times
when the approach and responsibility toward implementing the goal can be
different. Because the distinctions in responsibility are not always explicit,
cultivating a balanced understanding of your role is essential. The interaction
need never be adversarial, but rather can promote respect for different
perspectives, and appreciation for each other’s strengths.
Since the city staff works for and is accountable to the City Administrator,
advisory body members should not attempt to direct or decide the priority of work
for departments or individual staff persons. Advisory bodies should, however, set
priorities for their own agendas in order that staff may best use the time available
for the advisory body. An Advisory body’s goals and work programs must be
consistent with Council goals. If an advisory body wants to work on items other
than Council goals, the advisory body should seek Council concurrence first.
In contacting staff on official business, the proper channel is through the
advisory body Chair to the staff member assigned to the advisory body.
D. STAFF RESPONSIBILITIES
Important staff responsibilities include:
• Being informed about the latest developments in their field.
• Providing background and expressing views to the advisory body
on important issues.
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• Providing administrative support, including agenda preparation and
taking of minutes at meetings.
• Maintaining a professional position on all topics.
• Helping the advisory body to stay on track and focused.
• Interpreting City Council, City department, and relevant state,
federal, and international actions and policies.
• Alerting advisory body members of possible detrimental actions.
• Presenting advisory body recommendations to the City Council.
• Describing precedents or operating procedures which affect the
decision.
E. RELATIONS WITH OTHER BOARDS, COMMISSIONS AND
COMMITTEES
In areas where there is overlap of jurisdiction between various advisory
bodies, it is important that the liaison be aware of the overlap to insure proper
consideration of the different viewpoints that may occur, and to minimize
duplications or conflicts. Further, joint meetings with the City Council and other
advisory bodies and committees may be mutually beneficial whenever two
bodies are simultaneously addressing the same topic. If a joint meeting is being
considered between advisory bodies, the staff liaisons will assist in logistical
considerations to coordinate such a joint meeting.
F. CITY CLERK
The City Clerk plays an important role for advisory bodies. The City Clerk
accepts and maintains applications, processes advisory body appointments,
updates membership rosters and bylaws, informational booklets, and yearly
attendance records. The City Clerk is also a resource with respect to the Brown
Act, Public Records Act, the City Charter, Gilroy Open Government Ordinance,
agenda and minutes processes, and meeting procedural questions. The City
Clerk is the filing officer for Statements of Economic Interests, and any other
required filing as identified by the City Council and the State.
G. CITY ATTORNEY
The City Attorney is a resource for understanding compliance with the
Brown Act, Public Records Act, the City Charter, the Gilroy Open Government
Ordinance, and agenda legality issues, meeting process questions, and conflict
of interest determinations. Staff liaisons will coordinate an assistance requested
of the City Attorney.
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IMPOSED RESTRAINTS
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IMPOSED RESTRAINTS
Certain limitations have been placed upon the powers of both the City
Council and its appointed advisory bodies by both statutory and case law. In
certain instances, application of these restraints may be crucial in the
governmental process. In instances of doubt, the City Attorney’s opinion should
be sought. Staff liaisons will coordinate an assistance requested of the City
Attorney.
A. CONFLICT OF INTEREST
As specified in state law, it is illegal for an advisory body member to have
an interest in any contract, sale, purchase, finding or transaction in which the
member is involved in an official capacity. Conflict of interest may disqualify the
advisory body member and invalidate any advisory body action where such
conflict exists. Any interest, whether personal, private or general that would tempt
an advisory body member to act in any manner other than the best public interest
should be examined and official action accordingly restricted. An interest that is
common to all similarly situated persons is not disqualifying to an action.
B. PUBLIC RECORDS LAWS
The Public Records Act found in the Government Code of the State of
California and the Gilroy Open Government Ordinance provides that categories
of official records of the city are open to inspection to any interested party at
reasonable times. Exceptions to this law are only those records specified in the
Act and Gilroy Open Government ordinance, such as records relative to legal
action in which the City is a party. All advisory body minutes, agenda, open
session audio records and supporting meeting documents, are public records
that must be disclosed.
C. THE BROWN ACT & GILROY OPEN GOVERNMENT ORDINANCE
The Ralph M. Brown Act is law which provides that no city advisory body
shall hold any meeting at which action is taken other than at a duly called and
regularly held meeting, notice of which is provided by agenda or by adjournment
of a prior meeting. A “Meeting” takes place whenever a quorum is present and
official business is considered. An agenda for each meeting must be posted at
least 72 hours in advance for regular advisory body meetings, and 24 hours for
special meetings. Advisory body members are permitted to socialize in a non-
meeting setting but must refrain from discussing any advisory body business.
Care should be taken to make sure that if a quorum of an advisory body
is gathered at a public or private place, no public business is discussed and that
the gathering will not be interpreted as a meeting. If a member discusses a
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matter with a majority of other members, one at a time or in small groups, outside
of the public meeting, it will constitute a “Serial Meeting” and will violate the Act.
Care should also be taken with regard to emails. Never select “Reply All” to an
email to all advisory body members, or forward an email sent to you by one
advisory body member to another advisory body member as that could constitute
a quorum, and would violate the Act.
D. DISCRIMINATION AND EQUAL PROTECTION
All rules, regulations, laws, services and facilities must apply equally to all
persons, and not give favor to any segment of the community. Similarly, all laws
and ordinances of the city must afford equal protection to all facets of the
community, unless the purpose of a city action requires special classification of
the community.
E. DUE PROCESS
All governmental procedures and process must allow an affected party a
right to be heard, and to present controverting fact or testimony on the question
of right in the matter involved. Unfair determinations, such as bias,
predetermination, refusal to hear, etc., may invalidate actions.
F. REASONABLENESS
Every action of municipal government must be reasonable, or otherwise
stated, not arbitrary or capricious, or lacking in substantial evidence.
G. USE OF PUBLIC PROPERTY
Public property, equipment and facilities may not be used for private or
personal purposes. Facilities, equipment and supplies are provided by the city
but are limited to use in official functions only.
H. CONFLICT OF INTEREST CODE: DISCLOSURE REQUIREMENTS
Individuals serving on the Planning Commission, Building Board of
Appeals, Parks and Recreation Commission, Historic Heritage Committee and
the Physically Challenged Board of Appeals must file a Statement of Economic
Interest with the City Clerk to disclose personal interests in investments, real
property and income. This is done within 30 days of appointment date and
annually thereafter. The Conflict of Interest Code has been established and
adopted by the City Council pursuant to the California Fair Political Practices Act
(Government Code Section 87300 et seq.). Copies of the code are available
from the City Clerk.
9.1
Packet Pg. 55 Communication: Presentation of the City of Gilroy Board, Commission & Committee Member Handbook by City Clerk (PRESENTATION TO
41
I. USE OF CITY EMAIL
All appointed City advisory body members will be assigned a City email
account to conduct all city related email communication. These communications
are public records, and as such must be maintained on the city servers. All City
emails are subject to the Public Records Act and you may only use your City
email to conduct City business as an advisory body member. Please do not
forward or reply to a City email from your personal email address. Once your
term on the advisory body is over, your City email will be terminated.
As noted under the Brown Act section of this handbook, care should be
taken with regard to emails. Never select “Reply All” to an email to all advisory
body members or forward an email sent to you by one advisory body member to
another advisory body member since that could constitute a quorum. All
questions and concerns should be directed to the Chair and staff liaison.
9.1
Packet Pg. 56 Communication: Presentation of the City of Gilroy Board, Commission & Committee Member Handbook by City Clerk (PRESENTATION TO
ARTS AND CULTURE COMMISSION
STAFF REPORT
Agenda Item Title: Gilroy Museum's Annual Presentation and Commission Approval to
Transfer Funds to Museum
Meeting Date: May 14, 2019
Submitted By: Adam Henig
Prepared By: Adam Henig
Recommendation:
It is recommended the Arts and Culture Commission approve to recommend to the City
Council to transfer the interest accumulated ($571.77) from the “Museum Trust Fund” to
the “801 Fund” in order for the Museum to continue its mission to preserve and protect
the City’s historical collection.
Executive Summary
The City of Gilroy Museum will make its annual presentation to the Arts and Culture
Commission, highlighting its year’s achievements as well as provide an overview of its
general operations. In addition, the Museum will seek approval from the Commission to
recommend to the City Council to transfer the interest accumulated, $571.77, from the
“Museum Trust Fund” to the “801 Fund” in order for the Museum to continue its mission
to preserve and protect the City’s historical collection.
Attachments:
1. Museum 2018-19 PowerPoint Presentation
2. Gilroy Historical Society - Museum Services License Agreement (2019)
3. Gilroy Museum - Page 1 of Trust Agreement
4. Gilroy Museum - Page 2 of Trust Agreement
5. Museum Endowment Trust 06302018
6. Letter from Gilroy Historical Society
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5/1/2019
1
•1958: The basement of the 1910 Gilroy Free Public Library is completed for use as
a community room, and initially is used to house an ad hoc Gilroy history display,
which takes over the basement.
•1963: The Gilroy Historical Museum is recognized as a City entity with paid City
staff.
•1975: The Gilroy Library moves to its current location. The Gilroy Historical Museum
expands into the rest of the original library building.
•1985: A Long Range Planning Task Force is organized by the City of Gilroy.
•This task force established the mission statement and working documents that govern
the operation of the Gilroy Historical Museum. Operation responsibility was given to
the Gilroy Parks and Recreation Division with the Library and Culture Commission
(now the Arts and Culture Commission) acting as bureaucratic oversight.
•2000: The name of the Gilroy Historical Museum was changed to the Gilroy Museum.
•2007: Creation of the Gilroy Museum Endowment Trust with the Gilroy Historical
Society named as the Special Advising Trustee. Funds for this trust are generated by
the sale of de-accessioned artifacts.
•2009: Paid staff is laid off. A verbal agreement between the City and the Gilroy
Historical Society to keep the museum open for two days a week with City of Gilroy
Volunteers is reached.
•2019: A formal written agreement between the City and the Society is reached.
10.A.a
Packet Pg. 58 Attachment: Museum 2018-19 PowerPoint Presentation (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer
5/1/2019
2
Open Tuesday and Thursday and First
Saturday of the month
Research
Historical
Displays
School Tours/Talks
Walking Tours
Open to the public for 115 days
27 Active Volunteers worked 2,305 hours
588 Daily Visitors
341 Organized Tour Visitors
929 Total Museum Visitors
4 Class Presentations at local schools
136 Walking Tour Participants
10.A.a
Packet Pg. 59 Attachment: Museum 2018-19 PowerPoint Presentation (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer
5/1/2019
3
•Projected Income
•Sales, Service and Donations 1500.00
•City of Gilroy Budget Allotment 2200.00
•Welcome Center Sales 75.00
•Al and Bunny Filice Endowment 545.00
•Total Income 4320.00
•Projected Expenditures
•Office Supplies 350.00
•Display Supplies/Reproduction 310.00
•Archival Supplies 550.00
•Service Charges 555.00
•Memberships 55.00
•Events/Outreach 300.00
•Training/Conservation Contractual 2200.00
•Total Expenditures 4320.00
1. Complete the inventory of the museum collection.
2. Utilize City of Gilroy budget allotment for further training opportunities for
Gilroy Museum Volunteers, and continue conservation efforts.
3. Complete transfer of family information to a electronic database
4. Complete renovation of the Native American Display
4.Complete disposal of de-accessioned artwork and furniture
5.Prepare for Gilroy’s Sesquicentennial Celebration
10.A.a
Packet Pg. 60 Attachment: Museum 2018-19 PowerPoint Presentation (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer
5/1/2019
4
10.A.a
Packet Pg. 61 Attachment: Museum 2018-19 PowerPoint Presentation (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer
Agreement with the Gilroy Historical Society regarding the
City of Gilroy Museum
This GIL,ROY MUSEUM AGREEMENT (the "Agreement") is hereby entered into as of
January 1, 2019, by and between the City of Gilroy ("Licensor") and the Gilroy
Historical Society ("Licensee"), a 501 (c)(3) non-profit organization.
Licensee is comprised of a group of individuals interested in preserving the history of the
City of Gilroy and its surrounding area, and the continued public access to the historical
collection and resources located at the Gilroy Museum. Licensee donates a portion of its
yearly monies to the support of the annual program and supplies budget for the Gilroy
Museum. Licensor seeks to provide a revocable agreement for Licensee to use space
owned by Licensor to sell items for the purpose of Museum support, as well as recruit
and schedule City of Gilroy volunteers for Museum operation and provide for Museum
management so that the public may have access to City historical resources, information,
and the over 25,000 artifacts located in the Gilroy Museum collection.
Licensor hereby gives to Licensee a non -transferable revocable license. The agreement is
subject to the terms set forth herein, for the use and right to sell items for the support of
the Gilroy Museum in an area to be designated by Licensor at Licensor's real property
located at 195 Fifth Street in Gilroy, California 95020 (the "Gilroy Museum").
Licensor also hereby gives to Licensee permission to recruit and schedule City of Gilroy
volunteers for Museum operation and provide for Museum program oversight so that the
public may have access to City historical resources, information, and over 25,000
artifacts located in the Gilroy Museum collection.
1. Limited Term of Use
This agreement may be reviewed and renewed annually by either the Licensor or
Licensee.
The Term of the license will begin January 1, 2019 and will automatically terminate on
December 31, 2022. The license and this Agreement may be terminated prior to the end
of the Term by mutual written agreement of the parties or upon 30-day written notice by
either party.
2. Licensee Covenants.
Licensee agrees, at its sole costs and expense, to do the following:
Provide Museum services at the Gilroy Museum location during operating hours
Tuesday and Thursday 10:00 a.m. to 4:00 p.m. and the first Saturday of the month
from 10:00 a.m. to 2:00 p.m. as well as at additional mutually agreed upon times
for Museum or co -sponsored city events;
4811-4819-1832v1
ALF104706083
10.A.b
Packet Pg. 62 Attachment: Gilroy Historical Society - Museum Services License Agreement (2019) (2180 : Gilroy Museum's Annual Presentation and
The Licensee will continue to recruit City of Gilroy volunteers to keep the
Museum open to the public. Said volunteers will submit a City of Gilroy
Volunteer application and complete the Department of Justice (DOJ)
fingerprinting process.
The Licensee will require that volunteers are scheduled and trained in accepted
museum practices. Volunteers are required to adhere to the City of Gilroy
volunteer practices and established museum practices and policies;
Volunteers may be present as scheduled during hours of non-public operation for
completion of museum projects and meetings, museum displays and trainings.
If there are sufficient volunteers, the Licensee would like to increase the Museum
operating hours, particularly on Saturdays. Changes to the Museum's public hours
are subject to the approval of the Recreation Director or their designee and must
be submitted by the Gilroy Historical Society in writing;
Facilitate meetings with Licensor and work together in good faith to ensure the
quality of services delivered;
Responsible for making an annual report to the Arts and Culture Commission on
the operation of the Gilroy Museum;
Responsible for providing the annual budget for museum programs and supplies
and may furnish appropriate gift items for sale at the museum for the purpose of
fundraising;
Monetary donations contributed at the Gilroy Museum will be documented and
deposited with the Licensee to be used for the benefit of the museum programs,
supplies, and the collection;
Continue to pay for content support and upgrades to Past Perfect, the specialized
museum software that maintains and updates the record of museum artifacts;
Maintain the microfilm equipment and films including repair, replacement, or
conversion to an equivalent service or tool;
The Licensee has established its own endowment fund with the Gilroy
Foundation. Only the annual interest income is available to the Licensee, and the
Licensee has chosen to reinvest the income to grow the fund. The Licensee
intends to eventually use the fund's annual income to hire a part-time Museum
Director on a contractual basis.
The Licensee and the Licensor, as part of volunteer recruitment will promote
museum volunteers and museum programs through the City of Gilroy Recreation
Activity Guide and their respective websites, newsletters, and social media
outlets;
Create Museum emails, letters, flyers and schedules for publicity and Museum
volunteers as needed. Any museum flyers or promotional material should be
reviewed and approved by City staff before distribution. This includes all events
taking place at the museum and flyers or announcements with the City of Gilroy
logo on it.
Maintain and ensure the public areas of the Gilroy Museum are clean and free of
debris.
4811 A819-18320
ALF104706083
10.A.b
Packet Pg. 63 Attachment: Gilroy Historical Society - Museum Services License Agreement (2019) (2180 : Gilroy Museum's Annual Presentation and
3. Licensor Covenants.
Licensor agrees, at its sole costs and expense, to do the following:
Provide the Gilroy Museum building, landscaping, garbage collection, electricity,
internet service, burglar alarm, telephone and telephone line, air conditioning and
heat;
Provide facility repair and maintenance, and weekly custodial services in the
lavatory area including basic restroom and cleaning supplies;
Provide a staff liaison responsible for all museum matters including City
volunteers, facility repair requests and other necessary functions.
Provide Wi-Fi and technology services including City networked equipment
three computers, monitors, printers, and one copy machine), software and
information technology support for the software programs, computer hardware
and disk storage space for archival collection storage and information back-ups;
Provide the volunteers with Workmen's Compensation insurance for any injuries
incurred while volunteering, just as they do for other City volunteers;
Provide a public meeting space at the Gilroy Museum once a month for Gilroy
Museum Management meetings;
Advertise special events in the City of Gilroy Recreation Activity Guide or the
City's social media outlets;
Provide tables and chairs to support special events;
Licensor and Licensee agree that the Gilroy Museum Endowment Trust
Agreement is appended to this document and is incorporated herein.
4. Indemnification.
To the fullest extent permitted by law, Licensee agrees to defend, through counsel
approved by Licensor (which approval shall not be unreasonably withheld), indemnify
and hold harmless Licensor, its officers, representatives, agents and employees against
any and all suits, damages, costs, fees, claims, demands, causes of action, losses,
liabilities and expenses, including without limitation attorneys' fees, arising or resulting
directly or indirectly from any act or omission of Licensee's assistants, employees or
agents, including all claims relating to the injury or death of any person or damage to any
property.
5. Insurance.
Licensee agrees to, at no cost to Licensor, obtain and maintain throughout the term of this
Agreement Commercial Liability Insurance on a per occurrence basis, including coverage
for owned and non -owned automobiles, with a minimum combined single limit coverage
of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or
death to any person, and damage to property, including the loss of use thereof. As a
condition precedent to Licensor's obligations under this Agreement, Licensee will furnish
48114819-18320
ALF104706083
10.A.b
Packet Pg. 64 Attachment: Gilroy Historical Society - Museum Services License Agreement (2019) (2180 : Gilroy Museum's Annual Presentation and
written evidence of such coverage (naming Licensor, its officers and employees as
additional insured on the Comprehensive Liability insurance policy via a specific
endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation,
or of a material change in policy terms.
6. Assignment.
Licensee may not assign, transfer or encumber this Agreement or the License, nor grant
any other right of use or occupancy of the Property by any party other than Licensee
without the prior written consent of Licensor, which may be withheld in Licensor's sole
and absolute discretion.
7. Miscellaneous.
a. If any term or provision of this Agreement shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement shall not be affected, and each
term and provision of this Agreement shall be valid and enforced to the fullest
extent permitted by law. This Agreement may be modified only in writing by
Licensor and Licensee.
b. This Agreement and the rights and obligations of the parties shall be interpreted,
construed, and enforced in accordance with the laws of the state of California.
c. Notwithstanding anything to the contrary contained in this Agreement, the
expiration or revocation of this Agreement shall not relieve Licensee from
Licensee's obligations accruing prior to the expiration or revocation and such
obligations shall survive any such expiration or revocation.
d. The person signing this Agreement on behalf of Licensee represents and warrants
that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of
the day and year first above written.
Gabriel A. Gonzalez Date
City Administrator
City of Gilroy
Licensor
4811.4819-18320
ALF104706083
10.A.b
Packet Pg. 65 Attachment: Gilroy Historical Society - Museum Services License Agreement (2019) (2180 : Gilroy Museum's Annual Presentation and
Date
Historical Society Licensee
Approved as o form:
City Attorney
Attest:
r\\, (P,,
City -lie
4811-4819-18320
ALF104706083
10.A.b
Packet Pg. 66 Attachment: Gilroy Historical Society - Museum Services License Agreement (2019) (2180 : Gilroy Museum's Annual Presentation and
10.A.c
Packet Pg. 67 Attachment: Gilroy Museum - Page 1 of Trust Agreement (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer
10.A.d
Packet Pg. 68 Attachment: Gilroy Museum - Page 2 of Trust Agreement (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer
10.A.e
Packet Pg. 69 Attachment: Museum Endowment Trust 06302018 (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer Funds
10.A.f
Packet Pg. 70 Attachment: Letter from Gilroy Historical Society (2180 : Gilroy Museum's Annual Presentation and Commission Approval to Transfer Funds to
ARTS AND CULTURE COMMISSION
STAFF REPORT
Agenda Item Title: Approve Arts and Culture Commission Presentation Dates to City
Council
Meeting Date: May 14, 2019
Submitted By: Adam Henig
Prepared By: Adam Henig
Recommendation:
It is recommended that the Art and Culture Commission motion to approve two of three
available dates for their annual presentation to City Council for 2019. The City Clerk will
select the final date.
Background
Every year the commission delivers a presentation to City Council to provide an update
on their past activities and accomplishments as well as to share their vision and work
plan for the next 12 months.
Discussion
Last year, the Public Art Committee and Arts & Culture Commission combined their
presentation to City Council. Led by each of the chairs, each group presented their
section of the presentation. The Committee and Commission will again present
together. When the Public Art Committee met in April, they narrowed the available
presentation dates to three. The options are:
Monday, June 17, 2019
Monday, July 1, 2019
Monday, August 19, 2019
The Arts & Culture Commission is tasked to narrow it down to two dates. These
recommended dates will be forwarded to the City Clerk, who will select the final date.
The presentation to City Council should include the following information:
10.B
Packet Pg. 71
1. The annual work plan accomplishments
2. New work plan for the 2019-2020 fiscal year
3. Training & business card requests ($1,000 is budgeted for each Advisory Body)
10.B
Packet Pg. 72
ARTS AND CULTURE COMMISSION
STAFF REPORT
Agenda Item Title: Finalize and approve 2019 Arts and Culture Commission Work Plan
Meeting Date: May 14, 2019
Submitted By: Adam Henig
Prepared By: Adam Henig
Recommendation:
Approve 2019 Arts and Culture Commission Work Plan that was developed at the
March commission retreat.
Executive Summary
During the March 12, 2019 annual retreat, the Arts and Culture Commission discussed
and drafted a work plan to be completed within the calendar year. The Commission is
tasked with approving the work plan, which should be aligned with City Council’s goals.
Below are the proposed City Council goals for 2019 (will be formally adopted on June 3,
2019 at Council meeting):
1. Ensure Financial Stability
2. Enhance Public Safety Capabilities
3. Revitalize Downtown
4. Focus on Revenue Driven Economic Development
5. Retain Stability in the City’s Workforce
6. Provide Opportunities for Meaningful Public Engagement
7. Ensure Neighborhoods Benefit Equally from City Services
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Attachments:
1. Arts and Culture Commission Work Plan as of 3.14.2019
2. Arts and Culture Commission Special Meeting Notes 3 -12-19
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March 14, 2019
Arts and Culture Commission 2019 Work Plan
PROJECT PROCESS/KEY TASKS DELIVERABLES IN NEXT 12 MONTHS
Increase Visibility of Arts and
Culture Commissioners
Wear ACC badge when attending
arts and culture related events in
Gilroy
Introduce yourself and inform
public about the Commission
Track number of events commissioners attend
Art and Cultural Award Develop award criteria Present award beginning in Fall 2019 on a
quarterly basis
150th Anniversary Logo Contest Develop contest criteria
Reach out to community to encourage
entries
Facilitate logo contest
Select a winner for each of the three
categories at August regular meeting.
11.A.a
Packet Pg. 75 Attachment: Arts and Culture Commission Work Plan as of 3.14.2019 (2187 : Finalize and approve 2019
CITY OF GILROY
ARTS AND CULTURE COMMISSION
(“In partnership with City Council, the Arts & Culture Commission promotes the Arts in the Gilroy community.”)
SPECIAL MEETING
MARCH 12, 2019
6:00 p.m.
Senior Center Meeting Room
7371 Hanna Street
Gilroy, CA 95020
MINUTES
1
I. CALL TO ORDER
The Arts and Culture Special meeting was called to order by Chair Kissa at 6:05
PM.
II. RETREAT BUSINESS
1. Discussion of City of Gilroy's 150th Anniversary Celebration Logo
Timeline: Contest to run May 1, 2019 to August 2, 2019 by 5PM (digital/hard copy)
Categories: Elementary (K-5), Secondary (6-12), Adult (18+)
Prize: -Reach out to Mayor / Public Recognition (Wendy Sue & Marika)
-Michaels for Sponsor / donations of frames (Maricela)
Info: All submissions will be public record and can be displayed
Outreach:
Wendy Sue-Gilroy Arts Alliance, Library /Special Event
Nancy-Moya Arts
Marika-GUSD, Gavilan College, Chamber of Commerce, Downtown Business
Association, Welcome Center
Maricela-Private Schools, Leedo’s
Restaurants
High School Representatives (Paetra-CHS & GECA Representative
Adam-Museum
Flyer:
11.A.b
Packet Pg. 76 Attachment: Arts and Culture Commission Special Meeting Notes 3-12-19 (2187 : Finalize and approve 2019 Arts and Culture Commission Work
2
Adam will distribute to Commission draft of flyer with City Logo.
Suggested to list Museum information (Hours of operation/tour dates) to give
contestants inspiration for Log as to Gilroy’s History.
2. Update the Arts and Culture Commission Strategic Plan
The Commissioners requested Kevin Heath make an annual presentation regarding
Gilroy Arts Alliance. First presentation requested for May.
3. Develop 2019 Arts and Culture Commission Work Plan
150th Anniversary Logo Contest - September 2019
Arts and Cultural Award - Fall 2019
Increase Arts and Culture visibility - Commissioners attend local events and
promote Commission
III. ADJOURNMENT
Special meeting was adjourned by Chair Kissa at 7:55 PM.
Vanessa Arteaga,
Recreation Department
Recording Secretary
11.A.b
Packet Pg. 77 Attachment: Arts and Culture Commission Special Meeting Notes 3-12-19 (2187 : Finalize and approve 2019 Arts and Culture Commission Work
ARTS AND CULTURE COMMISSION
STAFF REPORT
Agenda Item Title: Fiscal Year 2019 Training Budget Expenditures
Meeting Date: May 14, 2019
Submitted By: Adam Henig
Prepared By: Adam Henig
Recommendation:
Motion and approve any Arts and Culture Commission related training expenditures.
· Spent:
o Commission Business Cards - $19.69
· Other ideas for training:
o Bay Area Arts Council
o S.V. Creates
o California Arts Council
o Northern California Grant makers
o Western States Arts Federation
o California Alliance for the Arts Education Americans for the Arts
o Arts Council Silicon Valley
11.B
Packet Pg. 78
Monthly Center Update: Arts & Culture Commission March & April 2019
After School Youth Art Programs:
Classes resumed February 4, Grades K – 12 are included. Classes are in four week segments
through May. Classes have been well attended and received rave reviews from kids and
parents. We will be adapting this format for our Summer of Art program. For more
information on the classes, please go to our website www.gilroycenterforthearts.com
Limelight Performances:
“The Velocity of Autumn” ran February 22 through March 23. Shows sold out and the
production was a “recommended production” by Theatre Bay Area in San Francisco.
Limelight continues to be noticed and recommended by the SF organization, which is a
respected organization in the Bay Area Theatre Community. Audience reviews were stellar.
Audiences thanked us at each performance for bringing string, quality productions to
Gilroy. Thank you to Commissioner Barbara Bottini for volunteering at performances
and for attending events at the Center!
Rehearsals for the next show, “Belles: The Reunion” have begun.
Youth Art Exhibit 2019
March 9 – April 20. Our “every other year” Youth Art Exhibit returned in March. Local
young artists ages 5 – 17 entered with over 100 pieces. Local Artists Katherine Filice and
Tim Filice were our judges. The exhibit was a learning experience for the children, as well as
a chance to proudly display their talent for all to see. The exhibit was managed by GAA
board member Sheryl Cathers, for the first time. She did an outstanding job.
2019 Gilroy Art & Wine Stroll
April 13 was our 8th year of participating in the Art & Wine Stroll. We partnered with the
Gilroy Downtown Business Association again this year. This year there was no committee
and we were the only check in location. Turn out was low, but the artists did well.
Veterans Art Exhibit 2019
April 27 – May 25. Reception May 4. Our newest exhibit is a first for the Center. We have
partnered with Operation Freedom Paws to create an exhibit focused on veterans who are
artists, and artists who create military related art. The exhibit has had a popular response
from multicultural artists with a variety of genres. Managed by GAA board member Rachel
Perry.
Beautiful California Photo & Art Exhibit 2019
June 1 – July 3. Reception June 8. We are still accepting art for this exhibit. An application
can be found on our website.
Our 2019 calendar is on our website. For more information, go to www.GilroyCenterForTheArts.com,
or feel free to email me at kevingilroyartsalliance@gmail.com with questions. Thank you!
Submitted 04.25.19 Kevin Heath, Executive Director, Gilroy Center for the Arts
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Packet Pg. 79 Communication: Gilroy Arts Alliance Report (GILROY ARTS ALLIANCE UPDATE)
ARTS AND CULTURE COMMISSION
STAFF REPORT
Agenda Item Title: Recreation Staff Report
Meeting Date: May 14, 2019
Submitted By: Adam Henig
Prepared By: Adam Henig
Recommendation:
Receive and comment.
On April 27, 54 students between the ages of 8 and 17 years old tried out for the
summer theater production, Wizard of Oz. The performance will occur in mid-July at the
Gilroy High School Theater. The director is Colleen Blanchard, who has also directed
other productions including Singin’ in the Rain.
The Mary Poppins, Jr. production was a big hit with residents. Hundreds of families
watched the 50-person cast perform the classic Disney story.
The 2019 Summer Activity Guide is now available. It features classes, camps, and
programs for all ages and all interests. Staff is currently working on the first draft of the
2019 Fall Guide, which will be published in late July. Lots of cultural art classes are
included in the current guide such as Polynesian dancing, Aztek dancing, Zumba, and
keyboarding.
On Saturday, April 28, the annual Kids Discover Art event was held at San Ysidro Park,
the first time it was held at that location. Nearly 350 youth participated in workshops that
featured 14 volunteer artisans. Along with cooperative weather, the event was a
success!
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