REGULAR MEETING MINUTES
September 22, 2004 at 7:00 p.m.
Brentwood Technology Center
101 Sandcreek Road
Brentwood, CA 94513
CALL TO ORDER: Chairperson Joe Trebino called the meeting to order at 7:03 p.m.
PLEDGE OF ALLEGIANCE: All stood for the Pledge of Allegiance.
Chairperson Joe Trebino asked for the roll call. Commissioners present were: Ron Beatty, Jim Bryant, Helen Myers, Greg Ruiz, Chris Robinson, Deena Foley, Doreen Forlow, Barbara Guise, and Kermit Sveen. Commissioners absent at roll call were Patrick McCarran, Saunie Fridley, Sandra Gill, and Richard Koscher. Staff members present were Rebekah Burr-Siegel, Arts Manager and Craig Bronzan, Director of Parks and Recreation. Also present was Bill Weber, Art Gallery Curator.
A. Dennis Beougher, City Attorney, City of Brentwood, presentation regarding conflict of interest.
Mr. Beougher was not present at this time. Chairperson Trebino requested moving this presentation until later in the agenda.
Chairperson Trebino requested that since Item #10 and 11 are virtually the same to move them both down to Old Business and remove Item #10 from the Consent Calendar.
1. Approve minutes of regular meeting of August 25, 2004.
2. Approve Leave of Absence for Commissioner Beatty (R. Burr-Siegel)
3. Accept monthly budget report and motions for purchases (R. Burr-Siegel)
4. Approve $500 curatorial services from Jennifer Bevington (R. Burr-Siegel)
5. Update of Day in the Park (C. Robinson).
6. Update of CityRead event (R. Burr-Siegel)
7. Update on Performing Art Committee (K. Sveen)
8. Update on Poet Laureate Competition (K. Sveen)
9. Update on Poet Laureate farewell event in Oct.-Nov. (K. Sveen).
Commissioner Beatty moved the acceptance of the Consent Calendar with the change of moving Item #10 into Old Business and combining with Item #11. Commissioner Robinson seconded the motion, motion carried unanimously.
10. Accept staff recommendation for Nov. 20th retreat facilitator from Fund 521-5109-70140
(J. Trebino). (Also includes Item #11.)
Rebekah Burr-Siegel reported that three facilitators were interviewed for the retreat. They were Laurie MacDougall, Walt Truelson, and Jamie McCreary. She and Chair Trebino felt all three were well qualified. It is the recommendation that Jamie McCreary be selected as the facilitator for the retreat. Her proposal was included in the Commissioners packets as were the other two. Commissioner Guise questioned reasoning for the choice as did some others. Ms. Burr-Siegel felt Ms. McCreary was the best choice for what the Commissioners are hoping to achieve at this retreat. She briefly discussed the strengths of each candidate and where they fit with the Commission’s objectives at this time. Commissioner Beatty moved to accept the staff proposal, Commissioner Robinson seconded the motion and motion carried unanimously.
Ms. Burr-Siegel said each Commissioner will receive a questionnaire from Ms. McCreary prior to the retreat which must be returned to either her or Ms. McCreary.
12. Approval of Farmer Statue maquette (B. Weber)
Mr. Weber presented the maquette of the Farmer’s Statue for review. He also showed a drawing of the statue. He said that the statue is based on historic photographs he received from local historian Kathy Leighton from the 1880 era. Mr. Weber said that there will be considerably more detail in the final statue which will be 7 feet tall. Commissioner Robinson moved the acceptance of the maquette model, motion was seconded by Commissioner Guise, motion carried unanimously.
13. Approval of revised deal points for Farmer Statue (R. Burr-Siegel/B. Weber)
Ms. Burr-Siegel said that when these deal points were originally brought forth, Mr. Weber did not realize that he was giving away his copyright. This has now been re-written so that the City of Brentwood has rights to determine location, repair or what to do with the statue, including removal if that is the desire of the City, but the artist will retain the copyright. The Commission can still use images of the statue for educational or non-profit purposes. However, they cannot make and sell items portraying the statue without Mr. Weber’s permission. There were some questions as to use of the maquette by the City or the Commission. Mr. Weber said he would be willing to allow use of the maquette is so desired. Commissioner Ruiz said he would like to see the city purchase the maquette as feels it is extremely well done. Ms. Burr-Siegel said if there is interest from the Commission this would have to be put on a future agenda. Commissioner Robinson moved to approve the revised deal points for the Farmer statue. Commissioner Beatty seconded the motion, motion carried unanimously.
Ms. Burr-Siegel asked if there was interest in purchasing the maquette and it was indicated that there was and she said she would therefore place it on the October agenda.
14. Update on Summer Movie Nights. (C. Robinson/P. McCarran/P. Scherff)
Since neither Commissioner McCarran nor Ms. Scherff were present, Commissioner Robinson reported on a recent committee meeting. She said that they looked at several different types of DVD/CD players. The committee’s recommendation was the DVPN725P Progressive-Scan DVD/CD Player by Sony for a cost of $299.00. Also recommended was Sony VPL-VW10HT projector for a cost of $5200.00. Discussion of the different types of projectors and the pros and cons of each were discussed. This is the type used for the Grease performance and many thought it very good.
Dennis Beougher, City Attorney arrived at 7:20 p.m.
Commissioner Robinson gave information on the committee’s discussion on the type of screen to be purchased. It was recommended by the committee that a screen that was hooked up or mounted on the stage to the front so that it would not move around if there was a windy night. Discussion of the different types of screens and mounting on the stage, and recommendation that the committee research the screen options further and also the decision as to whether the screen be purchased rather than to rent one.
The subcommittee is also hoping to do six of the movies next year. Continued discussion revolved around of charging admission versus free events. The committee recommended locating sponsors for these events rather than charging a fee. If a fee is charged then the gates must be monitored and this is not really cost effective if sponsors can be found. Ms. Burr-Siegel suggested that this be put back on a future agenda.
Commissioner McCarran arrived at 7:23 p.m.
Commissioner McCarran felt with sponsorship, concessions, and donation box enough funds could be raised. It was decided to put this on the November agenda after the committee has met again to research sponsorship opportunities, budget, and an overall plan. Commissioner Forlow volunteered to work on the committee. Commissioner Sveen expressed some concern about the movie night being extended from May to October in that it may conflict with other activities for Saturday evenings. Commissioner Robinson said they would work with the schools and others on planning the events. Commissioners McCarran and Robinson asked if the Commissioners would like them to move forward on this plan and all agreed that they should.
At this time since City Attorney Beougher was present the Chairman returned to the Presentation portion of the agenda.
A. Dennis Beougher, City Attorney, presentation regarding conflict of interest.
Mr. Beougher cited that the basic law is in two major functions of the Political Reform Act that is codified in the Government Code. Basically, it states that you have to disclose a financial interest and prohibits participation in making any decision in which the official knows or has a reason to know he or she has a financial interest. He said that the general rule is that public officials are prohibited from making, or participating or attempting to participate or influence any in their official position a government decision. This is in cases where they know, or should know they have a financial interest. He further explained this law and how it pertains to persons such as City Commissioners and decisions being made by them. This would pertain to any source of income, whether it be it a loan of $500 or more, business entity, whether it be family or partner, gift of $320 in a twelve month period. Campaign contributions are excluded. He described the 700 form which must be filed when entering into a position with the city, as a paid employee or appointed Commissioner or Board member, and another must be filed when leaving City employment or serving on a Commission. The City Clerk handles issuing these forms, also on an annual basis. He then quoted one other issue which is Government Code, Section 1090. This says that as a City employee or official you cannot have any financial interest in a contract, made by them or any board or body in which they are members. This applies in two situations, financial interest of a city official or city employee and or a staff or advisory board such as the Art Commission recommend a contract that has a board member who has a financial interest in making that contract. Enforcement of this statute includes a penalty of $1,000.00, imprisonment in a state prison for up to one year and a felony conviction. He said that this is a very serious issue and needs to be watched closely when we are contracting with someone or recommending or advising acceptance of a contract.
This issue was discussed further. Even the appearance of a conflict of interest could be a serious problem. Discussion continued of a couple of situations which had recently occurred. Definition of immediate family for situations where it could be perceived a benefit would be derived by recommending or contracting with a business entity.
15. Commission Appreciation Reception on October 11, 2004 at 6:00 p.m.
Ms. Burr-Siegel said this is an opportunity for the City to thank the volunteers that serve on the City’s Commissions. They will be personally invited to the event and may bring one guest to the event. All will be introduced and acknowledged by the City Council. Refreshments will be served. She expressed her hope that all will be present.
CITY COUNCIL UPDATE: Vice Mayor Beckstrand was not present therefore no update given.
CITIZEN COMMENTS: None
Commissioner Sveen urged all to mark their calendars for the Sing-along on December 4th, and watch for the Poet Laureate event. Commissioner Ruiz commented on positive comments he’s heard on the Brentwood Art Commission. Commissioner Robinson reminded all that a meeting of volunteers for the Day in the Park will be held the following week, September 29th, in the same room at 6:30 p.m. She reminded all to dress in Victorian costumes for the Day in the Park. Chairperson Trebino read the letter of resignation from Commissioner Richard Koschner.
Ms. Burr-Siegel said the public art workshop will be held at the next meeting, prior to the regular Commission meeting. The time will be 6:00 p.m. on October 27th.
Director Craig Bronzan introduced Michael Tsutsumi, who is a Intern with the Parks and Recreation Department, he is a Senior at San Jose State University and is a recreation major. He is assigned to the Parks and Recreation Department for 13 weeks. He is assigned to each manager for one week and will be assigned to the Arts Manager for the week of the Day in the Park.
REQUEST FOR FUTURE AGENDA ITEMS:
Update on CityRead
Update on Poet Laureate applications
Nomination Committee for officers
Chairperson Trebino adjourned the meeting at 8:03 p.m.
Respectfully submitted by,
Betty Jo Whincup