CITY OF SIMI VALLEY
MEMORANDUM
Au
gust 14, 2023
TO: Cit
y Council
FR
OM: Office of the City Manager
SUBJ
ECT: ADOPTION OF RES OLUTION ESTABLISHING BYLAWS GOVERNING
THE SIMI VALLEY ARTS COMMISSION
STAFF RECOMMENDATION
The Simi Valley Arts Commission (Arts Commission) recommends that the City Council adopt the attached Resolution 2023-38 (page 5) establishing bylaws governing the Simi Valley Arts Commission.
B
ACKGROUND AND OVERVIEW
The City Council approved the Simi Va lley Cultural Arts Center (CAC) 2021- 25 Strategic Plan at its July 26, 2021, meeting. The Strategic Plan identifies several tactics, one of which is to assess, develop, and formalize the role of the Arts Commission and adopt bylaws, listed under Strategic Priority 6: Arts Leadership and Advocacy. At the June 15, 2022, Arts Commission meeting, staff was directed to draft bylaws and to solicit input from each of the Arts Commissioners. The Arts Commission reviewed the draft bylaws over the course of two meetings and directed
staff to bring forward for City Council consideration. It is recommended that the City Council adopt Resolution 2023-38, which will establish bylaws for the Simi Valley Arts Commission.
FINDINGS AND ALTERNATIVES
In 1994, the City Council adopted individual bylaws and established t he Simi Valley Cultural Arts Center Commission and the Simi Valley Cultural Arts Center Foundation (Foundation). The City Council appointed five Simi Valley residents to serve as both the Commission and the Foundation with their efforts split between operations (Commission) and fundraising (Foundation).
In an effort to distinguish between the roles of fundraising and operations, the City Council dissolved the Arts Commission in February 1996 and shifted operations and management of the CAC to an Ad Hoc Cultural Center Committee . Fundraising would be conducted by a separate 501(c)(3) organization, the Simi Valley Cultural Arts Center Foundation,
operating under their own Bylaws.
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The newly created Ad Hoc Committee consisted of two City Council Members, two City appointed members and one Foundation member. To provide guidance to the Ad Hoc Committee in its role of overseeing the operations and programming of the CAC, the City Council approved duties and responsibilities that originated from the 1994 approved by-laws and are as follows.
• R
eview operating procedures for the management and promotion of the CAC that are in conformance with City Council policy direction;
• Annually review a financial plan for the operation of the C AC which is then submitted to the City Council for approval;
• Act on all special assignments made by the City Council and submit reports and recommendations to the City Council on these assignments; • Submit activity reports to the City Council advising as to the status of assigned projects, number of events, the estimated number of patrons, and other matters under consideration regarding the CAC;
• Conduct all business by the Arts Commission as a whole, unless a representative or subcommittee is designated by the Arts Commission to act on its behalf; • It shall be the responsibility of the Arts Commission to be represented at meetings of the City Council and other commissions when matters of joint concern are to be discussed;
• No decision of the Arts Commission is final and binding on the City unless approved by the City Council or unless specific authority for such decision making has been granted to the Arts Commission by City Council action; • The Arts Commission shall report all matters requiring coordination with other governmental entities (Federal, State, and local) to the City; • Terms of the public member positions are for a two-year period.
In 199
7, at the direction of the City Council, the Ad Hoc Committee formally resumed the title of Simi Valley Arts Commission . As of present day, membership on the Arts Commission is comprised of eight members, including two City Council Members (Council Member Litster and Rhodes), one Simi Valley Cultural Arts Center Foundation representative, and f our City Council- appointed public members, as well as one City Council-appointed alternate member. All public members serve staggered two- year terms of office. The Arts Commission is currently o perating under the duties and responsibilities that were created in 1996 , as noted above. T here are no formal bylaws in place that govern the Arts Commission. The duties and responsibilities provide a general structure for the operation of the Arts Commission but do not clearly define the role of the Foundation representative and Alternate Board member who serve on the Commission; membership and appointment criteria; any grant approval authority; and the current role of the body as it has evolved since 1996.
3 Additionally, the 2021 Strategic Plan for the Cultural Arts Center identified several Tactics to help foster the mission and vision for the CAC. One Tactic is to “Assess, develop, and formalize the role of the Arts Commission and adopt bylaws .” This is listed under Strategic Priority 6: Arts Leadership and Advocacy – “Reinforce the arts as a vital, integral, and necessary component of life in Simi Valley by strengthening local artists, arts organizations, and cultural groups through increased consideration and presence of the arts in policy decisions and legislation.”
In order to comply with the Strategic Plan, staff initiated a discussion with the Art s Commission regarding bylaw development. Following the Arts Commission’s request to gather their perspective on the important elements to c onsider when creating the draft bylaws, staff developed a questionnaire for the Arts Commissioners to complete. Staff requested the Commissioners consider the role of the Arts Commission in facilitating arts and cultural planning in the areas of quality of life, economic development, community building, creative place- making, and public art; membership and voting authority of the body; and authority and oversight over municipal arts grant programs, and the Arts Commission’s potential to receive and distribute grant funding from state, regional, and national funding sources.
Based on the feedback obtained from the questionnaire, staff developed draft Bylaws, which c
learly define the Arts Commission’s purpose to promote, encourage, and increase support for the arts, identifies the responsibilities of all Commissioners, Chair and Vice - Chair included, and outlines the terms affiliated with serving. After a thorough review, the Arts Commission r ecommends that the City Council approved the proposed Bylaws.
Therefore, staff rec ommends the City Counc il adopt Resolution No. 2023- 38, which establishes bylaws that will govern the Simi Valley Arts Commission.
The following alternatives are available to the City Council:
1. Approve Resolution No. 2023-3 8 establishing bylaws gover ning the Simi Valley Arts Commission;
2. Approve Resolution No. 2023-3 8 establishing bylaws gover ning the Simi Valley Arts Commission with modifications;
3. Provide staff with alternative direction.
The Simi Valley Arts Commission recommends alternative No. 1.
SUGGESTED CITY COUNCIL MOTION
I move to approve Resolution 2023-38 establishing bylaws governing the Simi Valley Arts Commission.
SUMMARY
The City Council approved the Simi Valley Cultural Arts Center 2021-25 Strategic Plan at its July 26, 2021, meeting. The Strategic Plan identifies several Tactics, one of which is to assess, develop, and formalize the role of the Arts Commission and adopt bylaws, 5/07-23
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listed under Strategic Priority 6: Arts Leadership and Advocacy. The Arts Commission directed staff t o draft bylaws with individual input from the Arts Commissioners. The Commissioners completed a ques tionnaire and based on the feedback , staff developed draft bylaws for the Arts Commission’s consideration. The Arts Commission reviewed the draft bylaws and recommended that they be submitted to the City Council for a pproval.
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_________________________________
Linda Swan
Assistant City Manager
P
repared by: Anna Medina, Deputy Community Services Director INDEX Page
R
esolution No. 2023-38 .................................................................... 5 Exhibit 1 - Proposed bylaws ............................................................. 7 RESOLUTION NO. 2023-38
A RE
SOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY ESTABLISHING BYLAWS GOVERNING THE
SIMI VALLEY ARTS COMMISSION
WHEREAS, the City Council relies on Boards and Commissions to provide advice and information on subjects within their scope; and WHEREAS, the City Council appointed a three-member Ad Hoc Cultural Center Committee to assist with the Cultural Arts Project and a Preliminary Operational Plan for the Cultural Arts Center (“Center”) sometime in 1992; WHEREAS, the City of Simi Valley establis hed a Simi Valley Cultural Arts Commission on February 28, 1994, and adopted byl aws by which to oversee the eventual operation of the Center;
WHEREAS, on February 26, 1996, the City of Simi Valley dissolved the Simi Valley Cultural Arts Commission , shifting operations and management of the Simi Valley Cultural Arts Center back to the Ad Hoc Cultural Center Committee (Committee) with certain established general principles under which to operate; WHEREAS, the C ommittee expanded its membership from five (5) members to seven (7) in May 1996, from seven (7) members to eight (8) in June 2006 with the addition of an alter nate member, and was renamed the Simi Valley Arts Commis sion in 1997 though without any bylaws in place; WHEREAS, the Simi Valley Cultural Art’s Center Strategic Plan for 2021-2025 identified the need of the Arts Commission to adopt formal bylaws WHEREAS, the City Council finds and determines that establishing Bylaws for governing the Simi Valley Arts Commission is consistent with the mission and goals of the Simi Valley Arts Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City hereby approves the adoption of the bylaws of the Simi Valley Arts Commission, which shall be as set in Exhibit 1 attached hereto.
SECTION 2. The provisions of Exhibit 1 attached hereto shall be effective upon adoption of this Resolution.
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SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed with the Office of the City Clerk PASSED
and ADOPTED this 14th day of August 2023
A
ttest:
Lucy Blanco, City Clerk Fred D. Thomas, Mayor of the City of Simi Valley, California
A
pproved as to Form: Approved as to Content:
David L. Caceres, City Attorney Brian Paul Gabler, City Manager Linda Swan
Assistant City Manager
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Article I. Purpose and Objectives
Sect
ion 1. Purpose
The pur
pose of the Simi Valley Arts Commission (Arts Commission) shall be to promote, encourage, and increase support for the community’s artistic and cultural assets, integrating arts and culture into community life supporting the creative spirit and endeavors of all Simi Valley residents.
Sect
ion 2. Goals
The goal
s of the Arts Commission are:
a. To act as
an advisory body to the City Council on matters pertaining to arts and culture in the City of Simi Valley; and
b. To rei
nforce the arts as a vital, integral, and necessary component of life in Simi Valley by strengthening local artists, arts organizations, and cultural groups through increased consideration and presence of the arts in policy decision and legislation
Article II. Membership
Sect
ion 1. Organization
The A
rts Commission shall consist of eight (8) voting members, comprised of two (2) City of Simi Valley Council Members, five (5) City Council appointed members, and one (1) member of the Simi Valley Cultural Arts Center Foundation Board of Directors.
Secti
on 2. Staff
A sta
ff person will be assigned by the City Manager’s Office to act as liaison (Staff Liaison) between the Arts Commission and the City Council.
Sect
ion 3. Duties and Qualifications
Arts
Commission Members shall represent individual arts and culture patrons, artists, educators, the business and professional community, and shall possess professional qualifications and experience or knowledge of a particular art and culture field.
Sect
ion 4. Responsibilities
The res
ponsibilities of the Members of the Arts Commission shall be to:
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a. Advocate for the role and value of arts and culture in civic life;
b. Promote greater public participation in, and access to, arts and culture;
c. Advocate for and explore alternate sources of arts and culture funding including, but not limited to, grants, donations, and corporate sponsorships;
d. In partnership with other public agencies, non-profits, etc., plan programs such as art exhibitions, art walks, multicultural events, or other types of community arts events to support economic and community development and showcase the city as a tourist destination;
e. Develop and implement a vision and master cultural plan for strengthening and growing arts and culture for the City of Simi Valley;
f. Conduct fundraising events, programs, and apply for grants to seek funds and donations to support and enhance the vitality of the City and the quality of life for the residents through the expansion of the arts;
g. Approve the Simi Valley Cultural Arts Center’s fiscal year operating and capital budgets, including operating plan, and submit to City Council for approval;
h. Strengthen and support the capacity on non -profit and community arts and cultural organizations in the city.
Section 5. Appointments
Of the 8 members of the Arts Commission, five (5) members shall be appointed by the Mayor, with the approval of the City Council, from nominees recommended by the interview panel as specified in Article V, Section 1.
Section 6. Meeting Time and Place
The Arts Commission shall establish and announce a specific time and place for its regular meetings and will comply with the California Ralph M. Brown Act (Government Code Section 54950, et seq.) (the “Brown Act”).
Section 7. Absences
Members may be excused from meetings through prior notification to the Staff Liaison. If a member of the Arts Commission misses two (2) unexcused consecutive meetings, or three (3) or more meetings in any twelve- month period, the seat of such member shall be deemed immediately vacated.
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Section 8. Quorum
A quorum of the Arts Commission shall consist of one more than 50 percent of the current members . A quorum must be present at any meeting during which business is transacted, or a vote taken.
Section 9. Communications
Members of the Arts Commission shall coordinate and channel all official communications to the City Council through the Staff Liaison.
Section 10. Candidates for Public Office
If any member of the Arts Commission shall file as a candidate for election to public office, and a conflict of interest may exist, he/she shall take a leave of absence from the Arts Commission. If any member of the Arts Commission shall be elected or appointed to any public office that has been determined to present a conflict of interest, his/her membership on the Arts Commission shall become vacant upon the assumption of the other public office. The question of whether a conflict of interest exists pursuant to this paragraph shall be determined by the City Attorney.
Article III. Organization
Section 1. Arts Commission Officers
A. Chair – the Chair of the Arts Commission shall be a member of the City Council. The duties of the Chair are as follows:
1. Preside over all regular and s pecial meetings of the Arts Commission;
2. Make appointments to ad hoc advisory committees with the approval of the Arts Commissioners;
3. Ensure the completion of all projects undertaken by the Arts Commission.
B. Vice-Chair
– The Vice-Chair of the Arts Commission shall be a member of the City Council. The duties of the Vice-Chair are as follows:
1. Perform the duties of the Chair in his/her absence.
Section 2. Ad Hoc Advisory Committees
a. Ad Hoc A dvisory Committees may be appointed by the Arts Commission as needed for a specified task, to research and 9 RES. NO. 2023-38
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investigate issues or to develop recommendations, which are reported back to the Arts Commission.
b. Ad Hoc A dvisory Committees shall have a minimum of two Arts Commissioners; however, such committees may not have a quorum of the Arts Commission in attendance.
c. Ad Hoc Advisory Committees may include members of the General Public on an as needed basis.
d. No Ad Hoc Advisory C ommittee will vote on or take a position purporting to represent the Arts Commission or present any findings and/or recommendations to another entity except at the direction of the Arts Commission.
e. Ad Hoc Advisory Committees are disbanded upon completion of their task or assignment.
f. A Staff Liaison shall com municate all Ad Hoc Advisory Committee reports and recommendations to the Arts Commission and such recommendations should be put to a vote.
g. A Staff Liaison will be responsible for the completion of all aspects of programs and projects duly assigned to A d Hoc A dvisory Committees.
h. A Staff Liaison will be responsible for scheduling meetings and notifying committee members of meetings.
Article IV. Terms of Office
Section 1. Appointed Term
The term of office for Arts Commission Members shall be for staggered two- year terms. An Arts Commission Member may not serve more than two (2) consecutive terms. At least twelve (12) months shall elapse before former members may be eligible for reappointment. Arts Commission Members serve at the pleasure of the City Council.
Section 2. Vacated Seats
When a City appointed seat on the Arts Commission becomes vacant, the recruitment to fill the vacant seat may occur at any time. The appointed Arts Commission Member will assume the vacated term of office to maintain the staggered terms of office. Notice of said vacancy shall be posted consistent with state law and City policies.
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Article V. Selection Procedure
Section 1. Members
Potential Art Commission Members shall submit applications during an open recruitment. The selection of m embers shall be made by an interview panel consisting of one (1) City Council member and a continuing Arts Commission public member.
Section 2. Representative of the Simi Valley Cultural Arts Center Foundation
The Representative of the Simi Valley Cultural Arts Center Foundation Board of Directors selected to serve on the Arts Commission shall be at the discretion of the Foundation Board of Directors, and must be a current Foundation Board member.
Article VI. Meetings
Section 1.
The Vice Chair, in the absence of the Chair, shall preside over the Arts Commission meetings.
Section 2.
The Arts Commission shall generally meet quarterly, or as required, the third Wednesday of the month at 3:30 p.m., at City Hall or at the Simi Valley Cultural Arts Center.
Section 3.
All meetings of the Arts Commission shall be duly noticed and open to the general public.
Section 4.
The Arts Commission may act or conduct official business only at duly called meetings operating under established procedures as set forth in this article and shall comply with the procedures and substantive regulations of California Government Code Section 54950, et seq. (the “Brown Act”).
Section 5.
Arts Commission recommendations will be made by motions adopted by the affirmative vote of a majority of the members of the Arts Commission voting on the issue.
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Section 6.
All communications representing the Arts Commission (by individual members of the Arts Commission) shall be first approved by the entire Arts Commission and channeled through a Staff Liaison.
Section 7.
The Staff Liaison shall establish the agenda for Arts Commission meetings.
However, at any regular meeting of an Arts Commission, any member may request the inclusion of any specific agenda item for specific future meetings, and upon receiving a second vote, such item will be placed on the agenda as requested.
Article VII. City Support
City Staff supports and advises the Arts Commission on policies, procedures, financial and governing laws. City staff prepares agendas, minutes, and program materials.
Article VIII. Rules
Section 1.
All meetings, minutes, and records of each Arts Commission shall be open to the public.
Section 2.
Public input will be recognized at each meeting under "Public Statements" on all agenda items as well as other information that may be brought before the Arts Commission.
Section 3.
No member of the Arts Commission shall use his/her position as a n Arts Commission member, or the name of the Arts Commission , to endorse, or imply endorsement, for any enterprise, except as authorized by the Arts Commission members, provided such endorsement does not violate any local and state laws, rules or regulations.
Section 4.
No Arts Commission meeting or activity shall be used as a forum for personal gain, politics, or to enlist the members of the Arts Commission for anything other than Arts Commission projects.
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Section 5.
Formal contacts, written or oral, on behalf of the Arts Commission to individuals or organizations engaged in City business with the City of Simi Valley, shall be made by or through the Staff Liaison.
Section 6.
The rules of parliamentary procedure codified in Robert’s Rules of Order, shall
govern the conduct of all meetings not otherwise governed by these bylaws ; however, that failure to follow any procedural rule shall not invalidate any action or decision of the Arts Commission. The purpose of such rules is for the consistency of the Arts Commission in order to run an orderly meeting.
Section 7.
The Arts Commission shall not present or purport to present positions, policies or direction for the City of Simi Valley or its City Council without the prior approval of the City Council.
Section 8.
No decision of the Arts Commission shall be final and binding on the City unless approved by the City Council or unless specific authority for such decision making has been granted to the Arts Commission by City Council action.
Section 9.
Arts Commission members shall be subject to the City’s Code of Ethics for Public Officials as adopted by the City Council and complete AB 1234 Ethics Training.
Article IX. Amendments
The Arts Commission bylaws may be amended by a majority vote at any scheduled meeting where a quorum is present, subject to the final approval of the City Council. Notice of a proposal to amend the bylaws, and a reading of the proposed amendment(s), must be given to the Staff Liaison one meeting prior to any discussion and/or vote on the issue.
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