SR-106-004 (2)
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APR 1 0 1990
Santa Monica, California
CA:RMM:lmcd274jhpc
City Council Meeting 4-10-90
STAFF REPORT
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TO:
Mayor and City Council
FROM:
City Attorney
SUBJECT:
Ordinance Amending Santa Monica Municipal
Code sections 2931 and 2932 and Adding
Section 2937, Relating to the Santa Monica
.Arts com~ission; Approval of Amendment of By-Laws
of the Santa Monica Arts Foundation: Appointments
to Effectuate Consolidation of Governing Bodies
of the Santa Monica Arts Commission and the
Santa Monica Arts Foundation
BACKGROUND
On July 11, 1989, city staff presented a recommendation
approved by the Santa Monica Arts Commission and the Santa Monica
Arts Foundation regarding a revised organizational structure for
the conununity's cultural leadership groups.
At that time, the
city Council directed the City Attorney to revise the ordinance
creating the Santa Monica Arts Commission and the By-Laws of the
Santa Monica
Arts
Foundation
in
accordance
with
staff
recommendations.
With this Staff Report, the city Attorney
presents an amended ordinance and proposed amended By-Laws in
compliance with the direction of the city Council and presents
the names of those persons needing appointment to the Santa
Monica Arts Commission and to the Santa Monica Arts Foundation to
make the membership of both groups the same, thereby effectuating
the reorganization directed by the City Council.
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APR 1 0 1990
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AMENDMENT TO ORDINANCE CREATING SANTA MONICA ARTS COMMISSION
The attached ordinance revises the ordinance creating the
Santa Monica Arts commission as follows:
1. The number of commissioners is increased from 9 to 21;
provided, however, that no additional appointments shall be
sought until the number of commissioners falls below 17.
Thereafter, the number of Commissioners shall be 17.
2. Except for Commissioners who were Directors of the
Santa Monica Arts Foundation on April 10, 1990, all Commissioners
must reside or work in the City.
3. From and after April 10, 1990, any person appointed as
a commissioner must be a Director of the Foundation.
4. The Commission shall represent the diversity of the
community and shall include minorities and working artists in
those artistic disciplines previously specified by Municipal Code
section 2931.
5. No commissioner shall serve for more than two full
consecutive terms, except that any person who was a Director of
the Santa Monica Arts Foundation as of April 10, 1990, shall have
the length of his or her initial term determined as follows:
Foundation Directors shall draw lots of one, two, three, and four
year initial terms. Any Foundation Director drawing a lot for a
one, two, or three year initial term shall be eligible to serve
two additional four year terms. Any Foundation Director drawing
a lot for a four year initial term shall be eligible to serve one
additional four year term.
6. Commission staff shall report directly to the Director
of Cultural and Recreation Services rather than to the City
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Manager. In hiring staff, the Director of Cultural and
Recreation Services shall consult with the Commission.
Decision-making matters of administrative concern shall rest with
the Director of Cultural and Recreation services, rather than
with the city Manager.
AMENDMENT TO BY-LAWS OF SANTA MONICA ARTS FOUNDATION
The By-Laws of the Santa Monica Arts Foundation are
proposed to be amended as follows:
1. The authorized number of Foundation Directors shall
remain 21; provided, however, that no additional appointments
shall be made until the number of Directors falls below 17.
Thereafter, the number of Directors shall be 17.
2. Directors who were Directors of the Foundation on April
10, 1990, are not required to live or work in the city of Santa
Monica.
3. From and after April 10, 1990, all persons appointed as
Foundation Directors must be members of the Santa Monica Arts
commission.
4. All Directors shall be appointed for terms of the
lesser of (i) three (3) years, or (ii) such Director's remaining
term as a Commissioner of the Santa Monica Arts Foundation.
5. The indemnification provision shall be amended to
provide explicitly that it applies to former Directors, officers,
and employees of the Foundation.
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APPOINTMENT OF NEW COMMISSIONERS
The following persons should be appointed as Commissioners:
Gene Burleson
Bruria Finkel
Sheila Goldberg
Michael McCarty
Chuck Workman
Patricia Dougherty
Philip Glusker
Robert Maguire
Loveday Raben
Marvin Zeidler
APPOINTMENT OF NEW DIRECTORS TO SANTA MONICA ARTS FOUNDATION
The following persons should be appointed as Directors of
the Santa Monica Arts Foundation:
Roger Genser
Tim Miller
Lindsay Shields
Charlotte Houghton
Peter Norton
Johanne Todd
RECOMMENDATION
It is respectfully recommended that:
1. The accompanying ordinance be introduced for first
reading.
2. The accompanying form of Amendment to By-Laws of the
Santa Monica Arts Foundation, Inc. be approved and, if adopted by
the Foundation, shall be effective on the effective date of the
accompanying ordinance.
3. Upon the effective date of the accompanying ordinance,
Gene Burleson, Patricia Dougherty, Bruria Finkel, Philip Glusker,
Sheila Goldberg, Robert Maguire, Michael McCarty, Loveday Raben,
Chuck Workman, and Marvin Zeidler are appointed Commissioners of
the Santa Monica Arts commission.
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4. Upon the effective date of the accompanying ordinance,
Roger Genser, Charlotte Houghton, Tim Miller, Peter Norton,
Lindsay Shields, and Johanne Todd are appointed Directors of the
Santa Monica Arts Foundation.
PREPARED BY: Robert M. Myers, City Attorney
Linda A. Mills-Coyne, Deputy City Attorney
Barbara Franklin-Moran, Director of Cultural
and Recreation Services
Janis Van Dyck, Assistant Director of
Cultural and Recreation Services
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CA:RMM:rmd987/hpca
City Council Meeting 4-10-90
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 2931 AND 2932 AND ADDING SECTION 2937 TO THE
SANTA MONICA MUNICIPAL CODE RELATING TO THE SANTA
MONICA ARTS COMMISSION
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1.
Santa Monica Municipal Code section 2931 is
amended to read as follows:
SECTION 2931.
creation of Arts
commission.
(a) Pursuant to Section 1000 of the
City Charter, an Arts Commission is hereby
created. The Commission shall consist of
twenty-one
(21)
members;
provided,
however, that no additional appointments
shall be made until the number of members
shall fall below seventeen
( 17) , and
thereafter the Commission shall consist of
seventeen (17) members. The members shall
be appointed by the city Council. Except
as otherwise provided in this Chapter, the
commission and Commissioners shall be
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subject to all the terms of Article X of
the City Charter setting forth procedures
for appointment of commissioners, terms,
and meetings.
(b) Except as otherwise provided in
Section 2937, all commissioners shall
reside or work in the city and shall be
acti vely invol ved in the arts. From and
after April 10, 1990, any person appointed
as a commissioner must be a Director of
the santa Monica Arts Foundation. The
Commission shall represent the diversity
of the community and shall include
minorities and working artists in the
following disciplines:
(1) Performing arts such as
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.
Commissioners may represent one or
more of the disciplines indicated above.
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(c) Except as otherwise provided in
Section 2937, no Commissioner shall serve
more than two (2) full consecutive terms.
SECTION 2. Santa Monica Municipal Code section 2932 is
amended to read as follows:
SECTION
2932.
staff.
The
Commission shall have a staff the amount
and type of which shall be determined by
the Ci ty Council during the regular City
budget process. The staff shall report
directly to the Director of CuI tural and
Recreation Services. In hiring staff, the
Director of Cultural and Recreation
Services shall consult with the
Commission. Decision-making matters of
administrative concern shall rest with the
Director of Cultural and Recreation
Services.
SECTION 3 .
Section 2937 is added to the Santa Monica
Municipal Code to read as follows:
SECTION
provisions.
(a) The requirement that a
Commissioner work or reside in the City of
Santa Monica shall not apply to any person
who was a director of the Santa Monica
Arts Foundation on April 10, 1990.
2937.
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(b) Any person who was a director
of the Santa Monica Arts Foundation as of
April 10, 1990, shall have the length of
his or her initial term on the Commission
determined as follows: Foundation
directors shall draw lots of one, two,
three, and four year initial terms. Any
Foundation director drawing a lot for a
one, two, or three year initial term shall
be eligible to serve two additional four
year terms. Any Foundation director
drawing a lot for a four year initial term
shall be eligible to serve one additional
four year term.
SECTION 4. 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, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 5. 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 this 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
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any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the city Clerk 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. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
city Attorney
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AMENDMENT TO BY-LAWS OF SANTA MONICA ARTS
FOUNDATION, INC.
RESOLVED, that section 2 and section 3 of Article V,
Directors, and Section 1 of Article X, Indemnification, of the
By-laws of the Santa Monica Arts Foundation, Inc., are hereby
amended and restated in full as follows:
section 2 . NUMBER AND QUALIFICATION OF
DIRECTORS. The authorized number of directors shall
be twenty-one (21); provided, however, that no
additional appointments shall be sought until the
number of directors shall fall below seventeen (17).
Thereafter, the number of directors shall be
seventeen (17). All directors shall live or work in
the City of Santa Monica; provided, however, that
this requirement shall not apply to any director who
was a director of this corporation on April 10,
1990. All directors must be residents of the state
of California.
section 3. ELECTION AND TERM OF OFFICE OF
DIRECTORS. All directors shall be appointed by the
city council of the City of Santa Monica upon the
recommendation of the Santa Monica Arts Commission.
From and after April 10, 1990, all persons appointed
as directors must be members of the Santa Monica
Arts Commission. All directors shall be appointed
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for terms of the lesser of (i) three (3) years, or
(ii) such director's remaining term as a
commissioner of the Santa Monica Arts Foundation.
Section 1. STATUTORY INDEMNITY. This
corporation shall indemnify its present and former
directors, officers and employees to the fullest
extent permitted by the California Nonprofit Public
Benefit Corporation Law.
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