SR-305-003-01 (4)
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CM:SK:IlUTIlll
CouncJ.l "'Mtg: July 1. 1983
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"305 -00 Santa enica, Californ1a Jf... --11
3-0/ /U7'1
JUL 1 2 1983
TO: Mayor and C1ty Council
FROM: Arts Comm1ssion
SUBJECT: The Creation of a Percent for Art Program
For The City of Santa Mon1ca
Introduct1on
The Arts Commiss1on requests that the City Counc11 create
legislat10n to establish a Percent for Art program to fund pub11c
art in the City of Santa Monica. Such an ord1nance would mandate
that two percent of all funds budgeted for capital projects
undertaken by the City go for art, whether 1t be on the proJect
s1te, paid into a fund that administers the pub11c art program,
or be used to enhance the overall built env1ronment of the City.
Backsround
Percent for Art programs in the United States have now become a
standard practice for enhanc1ng the physical enV1ronment of urban
areas.
Such a program would be of spec1al 1mportance to Santa
Mon1ca, where public art would complement the pre-ex1sting
natural
beauty
of
the area, with works of the highest
professional quality and artistic excellence. The value of this
art ls seen 1n several ways:
A) As improving the aesthetics and value of spec1fic
build1ngs and s1tes.
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JUL 1 2 1983
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B) Enhancing the urban environment and the quality of l~fe
in the City.
C) Foster~ng the arts on a neighborhood and C~ty-wide
level.
D) Strengthening the image of Santa Monica as a forward
looking community ln which to make bus~ness and real
property ~nvestment.
E) Fostering public pr~de and ident1ficat~on with the City.
F) Attracting V1s~tors and tour~sts, and offering them an
attract~ve and innovative urban setting.
G) Provid~ng Jobs to artists resident here, as well as
guests, and also attract other artists to our community.
H) Fostering the natlonal and internatlonal reputation of
Santa Monica.
ProJects generated from Percent for Art funds may include
sculptural pieces, murals, innovatlve landscaplng, s~gnage, sound
env~ronments and public performances, among others. These
programs are in operation allover the Un~ted States, with some
twenty states, lncluding California, having such programs. A
number of American cities also operate Percent for Art programs,
among them Albuquerque, Cambridge (MA.), Everett, Seattle and
Bellingham (WA), Beverly Hills, Chicago, Grand Rapids (MI) and
Boston. The City of Los Angeles is presently consider1ng such
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legislat~on. L~sted below are some of the major po~nts of a
Percent for Art program as the Arts Comm~ss~on envisions in
operation for the Clty of Santa Monica. These guidellnes, as
well as the request to Counc~l were approved at the Commisslon
meeting March 20, and that of June 6.
1. That the percent for art from capltal projects
undertaken by the City be two percent of the total
construction costs of individual proJects.
2. That capital proJects include orlginal construction and
renovatlon, as well as construction and repair of
utillties, parks, sidewalks and streets. The City
Councll may reserve the right to establ~sh a threshold
flgure below which no percent for art is reserved.
3. A portion of percent for art funds shall be reserved
for administrat~ve purposes. The Arts Commission wlll
hlre an addltional staff person (part-time) to dlrect
the Art in Publ~c Places Program.
4. For each capital proJect undertaken by an individual
City department there shall be a llne item in the
proJect cost for the two percent for art. The Flnance
Department will verify this two percent as part of the
budget review process. The form of art, lts selection
and placement. and the disbursement of percent money
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shall be decided by the Arts Comm~SSLon in consultatLon
with the initLating and uSLng departments.
5. In the selectlon process the Comm~sslon wLll make
extensive use of arts professionals, and will stress
the need for high standards of artistic excellence when
choosing works of art.
Community advice wlll be
solLcLted by the Arts Commission as part of the
selection process for placement of works of art.
6. The
Commission
along with the approprLate
responsible for determining
Arts
department
shall
be
approprlate procedures for the maintenance repair and
conservatLon of works of public art. In particular,
the Arts Commission wlll be respons~ble for selection
of
(the
creatlng
artist or
professlonals
art
professlonal conservators) needed to undertake these
efforts.
Conservation, maLntenance and repair work
shall
~n
the appropriate user or
be
budgeted
maintenance department.
7. Grant proposal and funds requested from sources outside
of the Clty and/or using revenues generated from
non-City sources, but used for City capital projects,
shall have a two percent for art included in the
funding request unless prohibited by superceding C~ty,
State or Federal laws. Capital projects funded by bond
~ssues shall also have a 2% for Art clause.
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8. Art as part of a capital proJect may be located on that
specif1c slte, or may be located on another site
related to the proJect. The responsible parties
related to an individual proJect can recommend a slte
for art other than the specif1c site if it 1S felt that
the art is better served in an alternate location.
9. Comm1ssion recognizes the need for the follow1ng issues
to be addressed in an ordinance creating this program:
Defined role of the Arts Comm1ss1on; lnterdepartrnental
relations in proJect functioning; selection process;
community involvement; mode of expendlture; copyright;
deaccession liabillty, among others. The Commission
wishes to asslst the City Attorney in any way possible
in the creation of this ordinance.
requested
percent
that the
of the
May
City
funds
16 the Arts Commission also
Councll deslgnate that two
used for constructlon and
10.
At its
meetlng of
renovatlon of the Pier be dlrected to art on the Pler,
wlth the Arts Cornmlssion provlding dlrection for the
placement of such art in consultatlon wlth the Pler
authorities and the Pier business communlty.
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Staff Analys~s
In prel~minary discussions wlth the City Manager, staff of the
Arts Comm~ssion has determlned that the following issues requ~re
further examination prior to a formal recommendation to Council
to request draft~ng of an ordinance. These issues lnclude:
1. Level of percent of funds.
2. Handling increased administrative workload resultlng
from additional projects.
3. Oversite of select~on of art.
4. Conservation and malntenance responslbility.
5. Definition of construction costs.
6. Compliance wlth State, Federal, and local regulatlons.
Recommendatlon
It is respectfully requested that the City Council direct the
City Manager to analyze the lssues involved and report back to
the
city
Council by September 13,
1983 w~th appropr~ate
~nformation and recommendations.
PREPARED BY: Splder Kedelsky
Arts Director
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CITY 0_ 105-003-0/-
SANTA MONICA
A<i c) 1c
10 -A-
CALIFORNIA
ARTS COMMISSION
1685 Mam Street, Santa MOnica, California
(213) 393-9975
Paul Cummlfi!:o, Charrperson
Paul leaf, VIce-Chairperson
1\-1ax Bena\'ldel
MaryAnn Bonmo
Bruna Fmkel
Browne Goodwin
,\I1ary Jane Hewitt
Herbert Kendall
Sa.rah Tamor
James Conn~ Councrf Lla/son
July 11, 1983
TO:
City Councll
FROM:
Browne Goodwin, Arts COIDffilSSlaner
SUBJECT:
Creatlon of Percent for Art Prografl for the
Clty of Santa Monica
On February 16, 1982, Clty Counell voted to request the Clty
Attorney and City Manager offlces to explore and report to the
CaunCll regardlng an ordlnance providing a one percent fee for
the Arts from capital construction that the City undertakes.
Subsequently, the Council also referred thlS item to the Arts
COIDffilssion for ltS reVlew and recoMmendations.
After extenSlve reVlew by the Commlssian, lncluding the
conduct of a symposi~~ convenlng arts adminlstrators and
experts from throughout the U.S. and Canada, the Comrnisslon
voted unanimously to recommend to the Council that the City
establlsh a Percent for Art Program to fund public art in the
Clty.
Such a program would be of special importance to Santa Monlca,
where publlC art would complement the natural beauty of the
area. The program could enhance the Clty by:
1. Improving aesthetics and value of specific bUlldings and
sites.
2. Enhanclng the urban enVlronment and the quality of llfe In
the C~ty.
3. Fosterlng the arts on a nelghborhood and Clty-wlde level.
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C~ty Councll
July 11, 1983
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30S-003-C>/
4. Strengthenlng the ~rnage of Santa Monlca as a forward-looklng
comrnunlty In which to lnvest.
5. Fosterlng publlc prlde and ldentlflcation with the Clty.
6. Attractlng vlSltors and tourlsts.
7. Provldlng work for resldent artists ~n the cornrnun~ty.
8. Fosterlng the national and lnternatlonal reputatlon of
Santa Monlca.
Such percent for art programs have been successfully lmplemented
In Alburquerque, Seattle, Beverly Hllls, Grand Raplds (Mlchlgan),
and other conrnunlt~es throughout the country, and have provlded
beneflts slmllar to those descr~bed.
The Arts COIDmlSSlOn has collected lnforrnation and examples of
ordlnances from a number of cornmunltles, and would be pleased to
asslst the Clty staff ~n developlng an approprlate ordlnance for
Santa Monlca.
Respectfully
R~
Browne C. Goodw~n
BG:ln
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CITY OF SANTA MONICA
INTER-DEPARTMENT MEMO
DATE
TO:
FROM'
St;BJECT
February 21, 1984
Peggy Gardels, Assistant to the City Manager
Ann Shore, City Clerk
LINCOLN BOULEVARD/~AIN STREET BUSINESS PROMOTION
Attached lS a transcript of the above subject discussion by City
Councll at the1r meeL1ng of JUly 12. 1983. You requested a copy
of the transcr1pt to review the discussion for comparison with
the CJtv Coup-ell minutes pursuant to a question, I helieve, asked
by the Chamber of Commerce in regard to the motion.
~ nL~~
At tac1yrne!l t
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ll-B: LINCOLN BOULEVARD AND MAIN STRE~BUSINESS PROMOTION:
Presented ~as the staff report recommending 'the C~ty Attorney be
directed to prepare ordinances and related agreements for the
establishment of beneficial assessment districts for business
promot~on on Lincoln Boulevard and Main Street and prepare related
agreements to be executed with the Chamber of Commerce and Distr~ct
Committees for the administration of these assessment funds.
Councilmernber Efstein moved to approve the staff recommendation
with the follow~ng changes: a representat~Ye from the City staff,
to be selected by the City Manager, will be on the District
Conun:t ttees on an as-needed basis as determined by staff: the annual
operating and expenditure plan submitted by the District Comm~ttees
will be presented to the City Manager for comment ~nstead of
approval. Second by Councilmember Reed. Linda Kopperud,
Chairperson of the Main Street Committee and Ted Hill. Chairperson
of the Lincoln Boulevard Committee, spoke in favor of business
promotion on behalf of their respective committees. Discussion
followed. The ~otion was approved by the following vote:
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Council Vote:
Unanimously approved 6-0
Absent: Mayor Edwards
ll-C: OCEAN PARK COMMUNITY ORGANIZATION/RESIDENTIAL SECURITY LOCKS
PROGRAM: Councilmember Conn departed from the dias due to a
conflict of interest. Presented was the staff report recommending
approval of the community service grant contract with Ocean Park
Co~munity organization in the amount of $25.000 for Fiscal Year
1983-84, a'ld allaca-tion of $30,000 in Community Development Block
Grant funds for Lmplementation of a City-wide Residential Security
Locks Program to be admin~strered by the Department of Community
and Economic Development in conjunction with the Police Department.
D~scussion followed. Member of the public, Tom Nittie expressed
h:ts concerns over the Ocean Park Community Organization contract
agreement. _ After more discussion, Councilmember Jenninss moved to
award Contract No. 3953(CCS) with the following changes: on page
1, change Ocean Park Community Organization's address from "2525
Ma:tn Street, Santa Monica" to "237 Hill Street, Santa Monica;" page
2, under the heading "Term of Agreement," t~e third line. after
"October 31, 1983," add "whichever occurs f~rllt;" on page 18.
paragraph 26, letter C, make the same address change as previously
stated; and on page 21, paragraph 33. third line. change "signed by
the party to be charged" to .. s~gned by both parties hereto."
Second by Councilmember Epstein. The motion was approved by the
following vote:
Council Vote: Unanimously approved 5-0
Absent: Councilmembers Conn and Mayor Edwards
Councilmember Epstein requested that changes be made in the
boilerplate language for other contracts and that approval of
future contracts is not implied in this approval.
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TRA~SCRIPT OF MINUTES OF CITY COUNCIL MEETING - JULY 12, 1983
ITEM 11:B LINCOLN BOULE~RD AND MAIN STREET BUSINESS PROMOTION
MPT Press, Thank you, may we have a staff report please.
C~tl Manager: In the early portions of last year, the
Cna~ber of COMmerce began d~scussion with the C~ty regard~ng
establlshment of two additional promotional dlstricts. As
me~bers of t~e Councll are aware there are already ln existence a
downtown promotlon distrlct and a Montana Avenue Buslness
I~provement Distrlct. And the Chamber's request is the Council
01rect the Clty Attorney to prepare an ordinance establishlng
these beneflclal assessment districts. Jerry Jackson, the
Executlve Vlce President of the Chamber has worked very closely
anc very coopera t1ve with staff in attempting to assess the
lmpll cat10ns of these distr1cts and arguing quite elo quently
for thelr creatlon. The members of the committees, partlcualarly
~ed H1II for the L1ncoln Boulevard Comm1ttee now Linda Copperud
who 1S the head cf the Maln Street Commlttee and pr10r to her
tenure, Wh1Ch 1S recent, Bob Lanfield who preceded her as the
Chalr of the Mal~ Street BUS1ness Corum unlty have also spent
substant1al t1me,
and been qUlte helpful 1n both explalnlng to
staff the need for the distrlct and in work1ng out a procedure w
hlch 1S acceptable to all parties. Basically the purpose here 15
to lncrease business act1vity in the area to 1ncrease the
phys~cal env~roments qual 1ty and to promote an enhancement of
reta~l sales Wh1Ch benefits not only the merchants, the adJacent
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nelg~borhoods thrD the creatcng of a cleaner more aesthetlc
enVlroment
but also beneflts the Clty through enhanced retall
deslgn for the members of the d1str1ct are lncluded
sales. The
here would involve 4 members who are merchants paYlng lnto the
fund selected by the various co~~ittees themselves and one member
of the general pUblLc representing the neighborhoods who would be
sele cted by the varlOUS merchant committees to lnsure an
effectlve
llason
was maintained with adJacent resldent1al
nelghborhoods.
But
that
liason
would
be constructlve,
cooperatlve and supportlve of the baS1C purposes of the d1strlcts
themselves. Also, we have suggested that there be llason wlth
the Conventlon and Visitors Bureau and the Clty staff, we are
partlcularly concerned about liason with the Convent1on and
Vls1tors Bureau as some of these d1str1cts such as Main Street
are important com ponents of the emerging visitor servlng
stratEgy belng developed by the City in conJunction with the
Bureau. The adm1n1stration of the project of the funds would be
by the Clty w1th disbursement to the Chamber, the Chamber would
~e respons1ble for all adn1nistrat1ve activlties, the1r fee would
~ange between 10 and 20 percent; the fee lS curren tly 20 1n the
Montana D1strlct. And if th~ Chamber as 1t 1S llkely they would
15 able to ]ustlfy that fee in this 1nstance, Lhat would be staff
recommendation but we need further time, the time between now and
when the attorney returns with the ord1nance, to clar1fy the
appropriate f~gure for administrative services by the Chamber.
The dffiounts ln question that we have est1mated are as follows:
ApprOXlmately 598,000 based on 1982 retall sales figures for the
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Lincoln Boulevard area and $131,000 from the Main Street area. I
might add that thls request will be in excess of the BUSlness
Llcense fee pald by each of these businesses even at the enhanced
levels recowmended and adopted by the Councll, but will be paid
through the same vehicle.
In sum, thls lS a proposal of the
Charber strongly supported by the City staff. and we respectively
request the Councll dlrect the Clty Attorney to prepare the
ordlnances establlshlng the beneflcal assessment dlstrlcts and
prepare the related agreements to be executed wlth the Chamber of
Comwerce and Lhe dlstrict committees for the ad~inlstratlon of
these assessment funds. MPT Press:
,
Alright, questlons for
staff,
Councllnember
Epstein.
Cm Epsteln:
-' -
the staff"'-~endatiori' with
;: ..~- -~~. .->-.~~
of p~ge J,"'-t~-"prelientat.ive
~":#'~U8t. ; move I
I'd
like
to
just move
: t.Wo ininor
changes.
On
the
top
from City
staff to participate on an .lJas-neededll'~,blii.';i:~~nd~.bA;:the bottom of
page 4, rather than submitting the "'pt';;ij":iO' flie"'C~ty';:Manager for
approval,
submit it for comment, and with" those changes I would
move the staff recommendation. ~m Reed~
Press:
I
CouncllweMber Reed.
Cm Reed:
Second. MPT_
I would llke
to thank the staff and the merchants concerned wlth all the work
~hat they have done In this area,
and I would like to Just make
certalD of one question, this lS only going to apply to bus~ness
l1cense holders lrr thlS geographical area, because there are
resldences also 1n the geographlcal area of the Maln Street
dlstrlct, they won't be any part of thlS will they? Just bUSlneS5
llcense holders.
Clty Mani;LCter:
.,
It is even more restrlctlve
~han that.
It's bUSlnesses and all the sales tax permlt, so
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businesses such as man~facturers. wholesalers.
apartments and
o~hers who are non-retail also would be excluded from the
dlstrl~t.
MPT
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Press:
1
Councilmember Zane.
Cm Zane:
BilL lt also lncludes professionals, there is a prov1s10n for a
cap on the assessment for or a flat rate for professionals as I
~~derstand lt, they don't hold a retall license 1S that not the
ca&e.
..C~ty
Manager:
Actually,
Counc1lmember Zane,
I
~lsspoke, you are corrct, I was look1ng at a different sectlon of
my brlef memo,
it does lnclude both retail and non-retall,
professionals would be 1n there as would manufacturers and
wholesalers,
excluded
though are residentlal dwelllngs as
Councilmember Reed indicated,
she was correct In the first
lDstance.
MPT Press:
Councilmember Jennings then Epstein.
eM Jennlngs:
Is the percentage going to be the same for
these two distrlcts.
~l ty Manger;
That is correct. ~
Jennl nrT<:'
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Because the Chamber sent something to me that
seemed ~o lnd1cate dlfferent percentages, one was 20% and one was
1/10 of 1%.
I though~ lt was klnd of vastly dlfferent.
Cm Reed:
~O,
no the 20%
lS the adminlstrative overhead. ..fm Jennin9s:
that seerred to me the tax, I mean assessmen~ they were
\'ielL
assesslng
themselves.
Cit~ Manager:
Peggy Gardels has
~andled the dlrect negotiatlons with the Chamber on thls, let me
ask her to comment dlrectly, Peggy why don't you come to the
IT'lcrophone.
~e99Y G:
Your correct that that disparity
dld eX1st between the materials prepared for the Lincoln
Boulevard versus the Main Street. And the one that sald 20% was
slmply In error, and it is supposed to be, lt was 20% of taxable
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sales,
WhlCh would be one whopper of an assessment.
It 1S
supposed to be the 1/10 of 1 per cent. C~ ~ennlnn~~
Kow I
also have a questlon of page 2 of the staff report here, there is
an a~b1gu1ty I don't understand.
You notlce on the very bottom
of the ~age 1t says In additlonal to these seven votlng members;
but then when you go up lt says, it's got 4 members who are
~erchants paY1ng lnto the fund, and then lt says one member to be
selected by the Llncoln Boulevard Committee and the Ma1n Street
Co~mittees respectlvely. Cm Epste1n: It should be f1ve.
C1ty Mana~er~ It should be flve, that is a failure to correct
an earl1er draft that had seven. MPT Press: Five members
who are merchants. Cm Jennin911~: Oh, there's two separate
d1strlcts r1ght. Crn Epstein: Yes, but 1n each one there
w1ll be flve. MPT Press: Five merchant members. em Reed:
Four ~erchants and one cltizen. ~ltv ~~n~"ar' It reads
cO~Slstently 1f 1t says,
In addltlonal to these five votlng
wembers,
four members who are merchants, one member representlng
ad=dcent nelghborhoods.
M.PT Press:
Counc1lmember Epsteln.
en Epste1n:
Very br1efly I would llke again congratulate
the staff and the Chamber, I think it's good that we're gett1ng
so~e cooperatlon fron all sldes on some of these prOJects, and I
th1nk Jt's to the benef1t to the C1ty.
City Manager:
I would
ll~e to argue for the ma1ntenance of the prov1sion here that
allows
for C1ty Manager approval, thlS clause has also, as 1S
everyth1ng 1n th~s report, supported In writing by the Chamber,
1t lS part of the concept we have talked about S1nce the
beg1nning.
Our concern lS one and th1S tracks language Wh1Ch 1S
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lllvolved wit}-] the Convent1on and V1s1tors Bureau that we do not
want to have duplication. We don't want to be 1n a Sl.tuatl.on 1n
Wh1Ch var10US org1n1zat1ons,
all of which are funded by the
tax1ng powers of the C1ty, one through the business llcense tax
and another one through the,
1ndlrectly the transient occupancy
tax.
Spend1ng IToney 1n conflict w1th each other, duplicating
expendltures and the rest, we feel it'5 necessary Lo have some
coord1nat1llg
and central1zed mechan1sm to effectuate that. Cm
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Reed:
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Madam Mayor.
MPT Press:
Yes, Councllmember
Reed then CouncilmeMber Zane.
em Reedl.
I would like to
ask the Clty Manager how you feel that it will be lnadequate to
have coordinatlon glven that these committees have slttlng on
them a representative of both your offl.ce and the Convention and
V1sltors Bureau, why do you feel the City Manager's Offlce needs
to have bas1cally veto authorlty. Clty Mana1er~
The l'1eJTlbers
are
non-vot1ng.
em Reed:
. .
Have
there been problems, to
yo~r way of thlnk1ng with the two current promotional dlstrlcts
t~at eX1st In th1S Clty.
I was always under the impresslon there
was a hlgh degree of cooperation there. __City Manaq~~: I
would separate the two statements, I would not ldentify there
have been problems.
I think that there's not been a particularly
hlgh degree of coopertatlon, that's not the fault or lnadequacy
of the ChaJTlber's part, there's slrnply not been a great deal of
cooperatlon sought.
When we have needed to cooperate, we have,
but I would not characterize it as a high degree of interchange.
w~~t 1S of concern, is that as these districts expand, and we are
qU1te pleased that they are,
that the need for coordlnation
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increases. And as the amount of investment 1n tour1sm promotlon
increases, and the amount of taxpayer dollar that go into that
lnvestment 1n~reases, and these are all taxpayer dollars we are
votlng reconmending ton1ght the Council vote a tax, and that that
~ax Qe levYled on merchants, that
we effectuate contracts wlth
that requires as lt does when
communlty organizatlons, or
effe~tucte wlth soclal service agencles, some reVlew of budgets.
ThlS Council is not often in the practice of turning over sums In
excess of $108,000 with absolutely no budgetary reVlew. Cm Reed:
Well, I would like to comment I guess 1n oppositlon to the City
Mangers' algument then, I would hesltate to characterize an
asseSSMent district as a tax in light of Prop. 13, also whl1e of
course these are funds that are being collected from business
people, they are in fact asklng for the funds to be collected and
I don't believe the City would impose this unless there was SOITe
unanlmity,
or at least the majority feeling that this was a
necessary activity. It doesn't seem to me necessary for the Clty
to attempt to exerClse the level of coordinatlon WhlCh the Clty
Manager puts forward, and lt seems to me that lt might open the
door to havlng the potentlal for confrontation when that
potentlal doesn't now exist. And I think that the merchants need
to have and the cltlzen whose going to be on thls commlttee a
certaln amount of freedom to spend the funds to promote thelr
nelghborhood and for the few t1mes Wh1Ch there may In fact be
so~e small dupllcatlon or conflict, I think that would be
so~ethlng that we would want to put up wlth because I don't
belleve the Clty is in a pOSlt10n to understand the retal1lng
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r~ar-:';etplace,
and to sort of enter ~nto it ~n the fash~on ~t ~s
lal.d out,
and I think ~t's appropriate since the C~ty Manager
already has a representative on thlS committee to give hlm an
addltlonal opportunlty to comment on thelr annual plan, but I
don't thlPk that the Clty Manager or the Clty should exerc~se
that klnd of reV1ew and approval and author~ty over the plan that
the merc~ants are gOlng to have for spend~ng their own money for
pronotlng the serV1ces that thelr area is offerlng to the
comrnunlty.
MPT Press:
I
Counc~lmember Zane.
Crn Zane:
My feel~ng lS that an lndicat~on whlch the C1ty'S ab~llty to levy
assessment or taxes, that the Clty has an obligat~on to assure
that the use of that power ~s reviewed and subJect to the
approval of the Clty of the use of the resources ra1sed 1n that
fashion.
I th1nk it's an oDligation not slmply a n~cety.
I
don't thlnk, I would not support the amendment, I think the draft
as submltted represented an agreement reached between the Chamber
and wenbers of C~ty staff and was submitted to us, and we ought
to lf we are gOlng to support the concept, support the agreement,
negot1atlons process went ahead to assure public as well as the
pr~vate lnterests.
I also want to say this ~5 but one of a good
number of exa~ples of efforts on the part of the City to
establ1sh cooperatlve and
Joint operatlng mechan~srns wlth the
buslness comrnunlty.
The Pler Restoration Corporation be on such,
the ConventlOn and Vls1tors Bureau 1S another, the Clty budget
talked about a Mall Corporation, etc..., It seems to me that
~here ~s a great deal of cooperation being establ~shed between
the C1ty and the business commun~ty which will serve the bette~
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future of both.
I would like to oppose the amendwent.
em Reed:
It's the maln motlon Dennis,
not an amendment.
MPT Press i I
Mey T. I'j like to interrupt the discusslon on the motlon to say
that ,~ our zeal to move ahead time wise, we are really deep lnto
a debate lnto a motion and there are two members of the publlC
that wlsh to be heard.
and so could we suspend the debate
te~PQrarl~Y so that we can hear these people who have walted all
th~s
~lme and then we wlll cont1nue on, I don't th1nk we should
~ake a decis10n wlthout hear1ng these people. Alrlght, thank
you,
Llnda Copperud.
Would you introduce yourself?
L1nda
-
Copperud:
Llnda Copperud,
I'm Chair of the Maln Street
COffiJ'1J.ttee.
J;m
Conn;
Would you comment on thls
d1Scuss10n.
I assume this 1S part of the discusslon you had w1th
the C1ty Manager's Off1ce.
Linda Copperud:
II I
I am aware lt
does not eXlst 1n the other assessment dlstrlcts that are already
In. I thln~ the Clty should be informed of our plans, and lf
tl,at, I thlnk the CJ.ty...
em Reed:
I I
Do you want the C1ty
to have veto power? Because thaL's the was LhlS is set up.
Ll nrla
Copperud~
Yes, 1 know it's set up that way, and when I saw lt
I wa~ puzzled, and I flnc yo~ know that I'd be deallng wlth the
Clty Manager and I'd flnc the Clty Manager be reasonable.
So I
would have to trust that we would come up w1th arguments for what
we want hlm to do and all future Cl ty Managers, you're right. ~
Reed:
-
Have other merchants been made aware of all thlS,
3nd do t~ey go along wlth It?
The partlcular veto provls1on?
L1nda Copperud:
I I
That particular--no.
MPT pr"''''~,
And
Ted ~hll.
'I:.ec Hill:
.
My name 1S Ted HJ.ll, I Cha1r the
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L~ncbln ~erchants Association.
Cm Reed L
I would like to
ask ~r. H~ll bas~cally the sa~e questlons that Ms. Copperud was
asked about the Clty M~nager authorlty that is proposed by the
sta=f which we are proposlng to change.
Ted Hill:
The
only honest answer lS that we were prepared to dlgest that in
hopes of f~nally gettl-ng thls passed. ObvioLlsly your po~nt about
not knowing about future Managers and what potential effect they
would have and the veto sounds llke lt Gould be a real
l-nterruptlo~ to our efforts and r would l1ke to bell-eve that
certal-nly wl-th the beneflt 'of the past Montana and Downtown
BLSlness Dlstrlcts and the no confllcts,
that I don't thlnk we
need that and 1 don't think the Clty needs lt, and lf there 15
gOlng tc be problems then perhaps lt should be well cons~dered by
the Clty COUDC1I.
em Reed...:.
Some of us may not be
prepared t~ d~gest it unless it's taken out.
HPT Press:
~fr .
11111,
any further questions? -7ed HllL.
NO. ~
P~ess: Thank you, I have a question for tlle City Manager
that hasn't been asked. On page 2. where it says the decisions
on expendl-tures wll1 be made by the dlstrlct co~mlttees. I want
to know lf there wlll be input by this board or decislon maklng
power, Sl~ce it says they will have the deClSlon maklng power and
expe~dltures,
w1ll thlS also lnclude the hlrlng of a staff
!=>erson.
WhlCh I understand 1S the plans of the Chamber to use
t~ese funds ln order to have a full tlme staff person to handle
thlS.
Would the commlttee have the authority to hl-re a staff
!=>erson or would that authority lle only wlth the chamber?~
t-'ar..ager:
l
The authorlty as I would understand it, and Mr.
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Jackson ~s In ~he audlence may correct me ~f I'm wrong, would
rest wlth tbe Chamber, but the agreement is that these funds be
used to allow the Chamber to hire a staff person.
So that, yes
there lS a COffimltment on the part of the Chamber to utll~ze the
ajI'lln.l stra t.l ve
funds to hlr~ a staff person,
but that staff
person wJuld ~e ~n employee of the Santa Monlca Chamber of
COffil11erCe, no"C an employee of any subset of the Chamber such as an
area COf'lffiltLee.
MPT Press:
Just to clarlfy what is belng
sald,
cause I want to be really sure wnen I vote on thls, there
1S ~ot such prov1slon whatso~ver or restrlctlons on the other
assessment_ dlstrlcts such as you are proposlng he:re. Clty
ManageE:
That's correct.
But one of the reasons we want to
have It lS for example, there lS not assurance that 2 or 3 years
down tne road the Chamber mlght not have a staff person, lf we
have no say over how the money has been spent, money has been
ralsed by the legal taxlng power of the Clty, then you have a
verbal assurance one I take in good faith, but obviously one that
has absolutely no legal standlng,
and you have no means to
enforce.
21PT Press =-.
Councllmember Epsteln then Jennlngs.
C'" Epsteln:
These dlstrlcts would be cancellable on the
optlon of elther party on wrltter. notlce; and that would seem to
f'l€ to would pro"lde that wlth the consultatlon that's provlded
fer would provide more than adequate lncentlve for all partles to
reach agree~ents.
Furthermore, if all the assessment dlstr~cts
operate In essentlally the same manner through the Chamber, the
llkellhood of resolvlng any conflicts with programs wlthout
havlng a formal veto would be very high lndeed. ~MPT Press:
-
11
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~SO'
. .
I would llke to pOlnt out that vlrtually anyth1ng these
comnittees would want to do in terms of promotion would probably
reqUJre some express approval by us anyway, say they wanted to
put up banners or they wanted to close the street and have a
block party, whatever they wanted to do 1S going to take approval
by uS, so we are 901n9 to have that lmput, and were deallng wlth
blg boys and girls and they kno"; how to watch over thelr OWll
money, I don't thlnk we also have to have the city staff d1rectly
l~~olved watchlng out for thelr money for them, if the Chamber 18
taklng the Money and runnlng w~th lt, I'm sure thp. businessmen
won't Slt stlli for it very long, so 1t seems to me hav1ng an
addltonal th1ng
for the City Manager to do when he 15 hard
pressed to get eve=yth1ng done that the Councll has been order1ng
hlM to do already, 1t doesn't seem to be a very good use of h1S
tl:ne.
gty Na.naqer:
There is certainly no 1mputation or
cancer~ that there would be m1sapproprlation or malfeasance on
the part of the Chamber, our concern might be more that the, 1n a
overzealous means to promote they m1ght do damage to an adjacent
nel ghborhood,
for example one of the problems on Main Street has
bee~ the prollferatlon of trafflC to bars and restaurants. A
Fro~otlon that Increased those problems by promoting the bars and
restaura~ts who frankly could make a pretty good argument SInce
they are gOIng to be by far the largest contributor to the
assess~ent dlstrlct.
The maJor contrIbutors in the Maln Street
D1str1c~ WIll be the hlgn volume businesses which are the bars
and restaurants.
That that klnd of promotlon may cause SOMe
substantIal diffIculty in adjacent residential areas. Also,
12
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~here m~ght be an attempt to run a pro~ot~on that would run ~n
scheduling ~n confl~ct w~th a promot~on run on the P~er on the
same weekend.
So what we have is a not a concern at all that the
Chamber m~ght not act appropr~ately but one that s~mply ~s an
attempt to get us out of unnecessary confl~ct.
Cm Reed:
- -
I th~nk that we should give this s~tuation to go forward without
the veto authority and see if any of the consequences wh~ch the
Clty Manager outlined actually come true.
Or, alternately assume
that the representatives of the two bus~ness distr~cts, hearing
the Manager's concerns, will be very sensitive to make sure tllat
~hey don't ~ake the k~nd of m~stakes that he has outlined and
that they w~ll undoubt.edly lnformally consult with him.
I Just
don't th~nk we need to write lt into the law that the Manager or
the City has this veto author~ty and I would trust the Judgement
of all ~nvolved, and ~f in fact,
they ~n some sense cause great
concerns for the Manager then I would be willing to reconslder at
some later date after I have seen how the th~ng operates for say
SlX months or a year.
I would urge the main-motion be approved
as it's b8en put forward.
MPT Press:
counci1meMber Zane.
~m Zan~
The ma~n motion ~ncludes consultat~on rather
then approval as I understand.
There is a formal requirement to
for exalT'ple to submit a plan but ne> fonnal, but deleting the
formal
requ~rement for apPIoval. Okay, I am w~ll~ng to accept
that as a co~promlse posltion ~n the spirit of compromise.
MPT
~
Press:
-
Well I guess I don't need to say what I was g01ng
to say.
Well,
I was gOlng to say that 1 would support lt 1f
CounC1lme~ber Epste~n was wl1llng to remove the as-needed part of
13
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the amendment, one representative from the city staff. Cm
-
Epste1n: They would, I just, I know that the staff from
time to time rem1nds us on how many different responsibilities
they assume, and th1s is really only to reflect that 1f they feel
they don't need to go to every meeting 1t'S not a legal
obl~gaticn.
MPT Prp,,-,,-.
You mean If c~ty staff determ~nes
or the group] determines? Cm Efstein:
it td:pon an as-rie~~~~
~_:y,~<a~~t;$_:<change:
~3f~~~.. - ~. _c. -
d: >(~.. . ~ _~. . _ ,. ~ ~'~f"~'~ ~>Pf.. '.OIA~
MPT Press:
Counc1lmember Conn did you have a comment before we vote. em
Conn:
-
I was
just going to say that I have had some
substantial conversat1ons with people about these things and was
assured today in a phone conversat1on that the staff report
reflected what ~t was everybody had agreed to.
It E:.eems to me
Ulat ~f everybody has agreed to this that it' s appropr~ate for us
to adopt ~t.
I don't see why we should second guess some lengthy
coaversations that everyone has shaken hands on.
..Q1l Reed:
But. everyone wasn I t us. .9:!l Conn: We are not the
I
pr~ncipals in this matter, we are just enabling this to happen.
tl?'f Press:
We have a motion on the floor which is to
accept the staff recommendat1on with the amendments that are
1ncl_ded in the main motion, as-needed to be determ1ned by staff
on the top of page 3, and substitution of the words for comment
1nstead of for approval on the bottom of page 4.
Roll Call Vote Unan1mously approved 6-0 with Mayor Edwards
absent.
14
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Comm1ttee shall implement the approved plan.
o fan art 1 s t, the S e 1 e c t ion C om m 1 t tee
recommendation to the Arts Commission. The
Upon the select10n
shall make its
Comm15sion shall
approve the select10n of the artist and artwork, subject to
appeal to the City Counc1l.
B. Maintenance. The Arts Commission shall prepare an
Annual Schedule of Artwork Ma1ntenance. The schedule shall be
prepared as follows:
(a) The Arts Commission and the Department
rnainten'9.nce responsibility for a particular artwork site
agree upon maintenance responsibilities for the artwork.
(bJ Any extraordinary costs of maintenance shall
charged to the PFA Admin1strative Account.
having
shall
be
(RMM:pfal)
6