SR-106-004 (15)
11
~
e
.
)f,1;
J.LJj'r '"
1982
'-
CA:RMM:r
Council Meeting 6-8-82
I 0 to - 004
Santa Monica, Cal1fornia
STAFF REPORT
TO:
Mayor and City Councl1
FROM:
C1ty Attorney
SUBJECT:
Ordinance Creating An Arts Commission
At its meeting on June 1, 1982, the Clty council intro-
duced for first reading an ordinance creating an Arts Cornmis-
sion. The ordinance 15 now presented to the City Council for
adoption.
RECOMMENDATION
It 1S respectfully recommended that the accompanying
ord1nance be adopted.
PREPARED BY: Robert M. Myers, C1ty Attorney
r-1t
JUN 81gB?
e
e
/?
c-;
CA:RMM:r
Clty Counc11 Meeting 6-8-82
Santa Monica, California
ORDINANCE NO. 125~(CCS)
(C1ty Counc1l 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 Art1cle II of
the Santa Monica Municipal Code to read as follows:
Chapter l2--Arts Commission
Section 2930. Findlngs and
Purpose. The city Councll finds and
declares:
(a) The lives of cltizens of
the City can be enr1ched by expo5ure
to art in its various forms.
(b) Recogn1zing and encourag-
ing the arts 18 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
Commiss~on will ensure a regular and
ongoing assessment of art programs in
the c~ty.
Section 2931. Creation of Arts
Commiss~on.
(a) Pursuant to Section 1000
of the City Charter, an Arts Commis-
sion is hereby created. The Comm~s-
sion shall consist of nine members
and shall be appointed by the City
Counc~l. 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 settlng 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:
(1) Performing arts such as
-2-
e
e
drama, music, and dance.
(2) V~sual arts such as
painting, sculpture, photography,
graphics, video art, and applied art.
(3) Communications arts such
as film, televis1on, and radio.
(4) Llterary arts such as
literature, poetry, and journalism.
(5) Arts Education such as
schools, libraries, and community
education.
(6) Funding such as fundraisers,
representatives of publlC and private
fundlng agencies, and art patrons.
(7) Nelghborhood representa-
tive.
{S> Prlvate sector developer.
Commissioners may represent one
or more of the discipllnes 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 WhlCh shall be determined by
the City Council during the regular
Clty budget process. The staff shall
report directly to the City Manager.
In hiring staff, the Clty Manager
-3-
e
e
shall consult with the Commission.
Decision making matters of administra-
tive concern shall rest w1th the City
Manager and designated department
heads.
Section 2933. Powers and
Duties. The Commiss1on shall have
the power and the duty to:
(a) Initiate and advocate art
programs 1n the C1ty.
(b) Provide adv1ce to the C1ty
Council on matters relatlng to the
arts.
(c) Work cooperat1vely with
City boards and commissions, the
Santa Monica Unif1ed School District
and Santa Monica College in promot1ng
art in the City.
(d} Solicit private funds and
grants earmarked for art activitles
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 Clty Councll an
art acquisltion program for the
City.
(g) ReVlew and make recom-
mendatlons directly to the City
Council all proposals for art works
for public buildlngs and publlC
spaces.
Ch) Encourage the flow of
art into the City and stimulate
art activlties among residents of
the City.
(i) Implement such art
programs and activities as may be
delegated to it from time to time
by the Clty Council including the
selection of artists 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
.
by the City Manager and approved by
the City Council shall contain such
appropriat~ons 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 C~ty
Council. Any decis~on of the Com-
mission selectlng 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
Comm1ssion 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 Councll.
SECTION 2. Any provis1on of the Santa Monica Municipal
Code or appendices thereto inconsistent with the prov1sions
of this ordinance, to the extent of such incons1stencies and
no further, is hereby repealed or modifled 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 Commisslon 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 unconstitut1onal by a decis10n of any court of
competent jurisdiction, such decislon 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 invalld or unconstltutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutlonal.
SECTION 4. The Mayor shall sign and the Clty Clerk
-7-
..
e
.
shall attest to the passage of this ordinance. The C~ty
Clerk shall cause the same to be published once in the
off~cial newspaper with~n 15 days after its adopt~on. The
ordinance shall become effect~ve 30 days from its adopt~on.
APPROVED AS TO FORM:
~-'~V-4
ROBERT M. MYERS
C~ty Attorney
-8-
e
.
1-
ADOPTED AND APPROVED THIS
8th
DAY
OF
Jlffie
, 1982.
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
(CC5), WAS DULY AND REGULARLY INTRODUCED AT A
NO. 1254
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
1982 BY THE FOLLOWING COUNCIL VOTE:
8th DAY OF June
AYES: COUNCILMEMBERS: Conn, Jennings, Press, Zane
and Mayor Yannatta Go1dway
NOES: COUNC ILMEMBERS: Reed
ABSENT: COUNCILMEMBERS: EdKards
ABSTAIN: COUNCILMEMBERS: None
ATTEST:
_ ~fj>f ")~; l.YJ1 ~ vyJa-€u
l. C I T ~ f JL E R / C ([