SR-106-004 (16)
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MAY 2 5 1982
CA:RMM:r
C1ty council Meeting 5-25-82
Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance for Introduction Creating An
Arts Commission
At its meeting on February 16, 1982, the C1ty Counc11
directed the City Attorney to prepare an ordinance creating
an Arts Commission. In response to this d1rection, the
accompanying ordinance 1S presented for City Council con-
siderat1on. The ord1nance 1S consistent with the detailed
staff report prepared by the City Manager and considered by
the C1ty Council on February 16, 1982.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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MAY 2 5 1982
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CA:RMM:r
City Council Meeting 5-25-82
Santa Monlca, Callfornia
ORDINANCE NO.
(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 l2--Arts Commission
Section 2930. Findin9s and
Purpos~. The City Council flnds 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 1S a basic service of local
government.
(e) Innovative programs for
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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.
Sect~on 2931. Creat~on of Arts
Commission.
(a) Pursuant to Sectlon 1000
of the City Charter, an Arts Commis-
sion is hereby created. The Commis-
sion shall consist of nine members
and shall be appolnted by the City
Council. Except as otherwise pro-
vided ~n this Chapter, the Commiss~on
and Commissioners shall be subject to
all the terms of Article X of the
City Charter sett~ng 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
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drama, music, and dance.
(2) Visual arts such as
painting, sculpture, photography,
graph1cs, video art, and appl1ed art.
(3) Communications arts such
as f1lm, television, and radio.
(4) Literary arts such as
literature, poetry, and journalism.
(5) Arts Education such as
schools, l1brarles, and commun1ty
education.
(6) Funding such as fundraisers,
representatives of publIC and private
funding agencies, and art patrons.
(7) Neighborhood representa-
tive.
(8) Private sector developer.
(c) No CommissIoner shall
serve more than two 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 d1rectly to the City Manager.
In hiring staff, the city Manager
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shall consult with the Comm~ssion.
Dec~sion making matters of administra-
tive concern shall rest with the C1ty
Manager and designated department
heads.
Sect~on 2933. Powers and
Duties. The Commission shall have
the power and the duty to:
(a) In1tiate and advocate art
programs in the City.
(b) Provide adv1ce to the C~ty
Council on matters relating to the
arts.
(c) Work cooperatively with
City boards and comm~ssions, 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
1n the City.
(e) Encourage publ1c and
private partnerships to assure the
survival of art and artists 1n the
City.
(f> Develop and make recom-
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mendations to the City Council an
art acquisition program for the
City.
(g) Review and make recom-
mendations directly to the City
Counc1l 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.
(i) Implement such art
programs and act1vities as may be
delegated to 1t from time to time
by the City Counc1l including the
select10n of artists for art pro-
grams and proJects and the award
of contracts for art projects and
programs.
(j) Make decislons without
regard to the residency of the
artist.
Sect10n 2934. Funding and
Budget.
(a) The annual budget prepared
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by the City Manager and approved by
the City Council shall contain such
appropriations as the C~ty Council
deems necessary and appropriate to
enable the Commission to exerc~se
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 activlt~es of the Commission.
Section 2935. Appeal to CIty
Council. Any decision of the Com-
mlssion 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 wlthin 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
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ear11est convenient date.
Section 2936. Reports. The
Commiss1on shall render written
reports of its act1vities to the City
Counc1l not less than once every six
months and at such other tImes as
requested by the City Councll.
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 inconsistencles and
no further, is hereby repealed or modified to that extent
necessary to affect the prov1sions of th1s ordinance. Th1s
ordinance does not alter or change the powers and dut1es 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
C1ty Counc1l hereby declares that it would have passed this
ord1nance 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 sign and the CIty Clerk
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shall attest to the passage of this ordinance. The City
Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. The
ord~nance shall become effective 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS ()
City Attorney
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