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O1254 e e CA:RMM:r City Council Meeting 6-8-82 Santa Monica, California ORDINANCE NO. 1254(CC5) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CREATING AN ARTS COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 12 is hereby added to Article II of the Santa Monica Municipal Code to read as follows: Chapter 12--Arts Commission Section 2930. Findings and Purpose. The City Council finds and declares: (a) The lives of citizens of the City can be enriched by exposure to art in its various forms. (b) Recognizing and encourag- ing the arts is a basic service of local government. (c) Innovative programs for e e ensuring artistic expression in the City must be developed. (d) The creation of an Arts Commission will ensure a regular and ongoing assessment of art programs in the City. Section 2931. Creation of Arts Commission. (a) Pursuant to Section 1000 of the City Charter, an Arts Commis- sion is hereby created. The Commis- sion shall consist of nine members and shall be appointed by the City Council. Except as otherwise pro- vided in this Chapter, the Commission and Commissioners shall be subject to all the terms of Article X of the City Charter setting forth procedures for appointment of Commissioners, terms and meetings. (b) Commissioners shall reside or work in the City and shall be active- ly involved in the arts. The following disciplines and activities shall be represented on the Commission: (I) Performing arts such as -2- e e drama, music, and dance. (2) Visual arts such as painting, sculpture, photography, graphics, video art, and applied art. (3) Communications arts such as film, television, and radio. (4) Literary arts such as literature, poetry, and journalism. (5) Arts Education such as schools, libraries, and commun~ty education. (6) Funding such as fundra~sers, representatives of public and private funding agencies, and art patrons. (7) Neighborhood representa- tive. (8) Private sector developer. Commissioners may represent one or more of the disciplines and activi- ties indicated above. (c) No Commissioner shall serve more than two full consecutive terms. 2932. Staff. The Commission shall have a staff the amount and type of which shall be determined by the City Council during the regular City budget process. The staff shall report directly to the City Manager. In hiring staff, the City Manager -3- e e shall consult with the Commission. Decision making matters of administra- tive concern shall rest with the C1ty Manager and deslgnated department heads. Section 2933. Powers and Duties. The Commission shall have the power and the duty to: (a) Initiate and advocate art programs in the C1ty. (b) Provide advice to the City Council on matters relating to the arts. (c) Work cooperatively with City boards and commissions, the Santa Monica Unified School District and Santa Monica College in promoting art in the City. (d) Solicit private funds and grants earmarked for art activities in the City. (e) Encourage public and private partnerships to assure the survival of art and artists in the City. (f) Develop and make recom- -4- e e mendations to the City Council an art acquisition program for the City. (g) ReVlew and make recom- mendations directly to the City Council all proposals for art works for public buildings and public spaces. (h) Encourage the flow of art into the City and stimulate art activities among residents of the City. (1) Implement such art programs and activities as may be delegated to it from time to time by the City Council including the selection of artlsts for art pro- grams and projects and the award of contracts for art projects and programs. (j) Make decisions without regard to the residency of the artist. Section 2934. Funding and Budget. (a) The annual budget prepared -5- e e by the City Manager and approved by the City Council shall contain such appropr1ations as the City Council deems necessary and appropriate to enable the Commission to exercise its powers. (b) Any donations or grants solIcited by the Commission and any revenues from art programs and pro- jects of the Commission shall be deposited in a special account in the General Fund. Any amounts so deposited may only be expended for the activities of the Commission. Section 2935. Appeal to City Council. Any decision of the Com- mission selecting an artist for an art project or program or awarding a contract for an art program or project may be appealed to the City Council within 20 days of the date of the action of the Commission. The action of the Commission shall be stayed pending determination by the City Council. The City Council shall act on the appeal at the -6- e e earliest convenient date. Section 2936. Reports. The Commission shall render written reports of its activities to the City Council not less than once every six months and at such other times as requested by the City Council. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. This ordinance does not alter or change the powers and duties of any other Board or Commission of the City. SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall s1gn and the City Clerk -7- e e shall attest to the passage of this ordinance. The City Clerk shall cause the same to be pub11shed once in the official newspaper within 15 days after its adoption. The ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~-.~-- 'f ROBERT M. MYERS a~ City Attorney -8- . It e 1- ADOPTED AND APPROVED THIS 8th DAY OF June , 1982. aft I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE, NO. 1254 (CCS), WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF THE CITY COUNCIL ON THE 1st DAY OF June 1982; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING OF THE CITY COUNCIL ON THE 8th DAY OF June 1982 BY THE FOLLOWING COUNCIL VOTE: , AYES: COUNCILMEMBERS: Conn, Jennings, Press, Zane and Mavor Yannatta Goldwav , . NOES: COUNCILMEMBERS: Reed ABSENT: COUNCILMEMBERS: Edwards ABSTAIN: COUNCILMEMBERS: Kane ATTEST: ~ fnt [\11; ~ r; LyJ-".6L '-.- I CITY ~LERK t {'