The URL can be used to link to this page

Home My WebLink About09/07/1993, C-6 - APPOINTMENT OF CITY REPRESENTATIVES TO THE CENTRAL COAST PERFORMING ARTS CENTER COMMISSION IIIIII^lylll�llllln� III MEETING DATE: II NN IIIIi�IIVII ClVJ orSan$ LaI$ OBI$pO 9-7-93 COUNCIL AGENDA REPORT ITEM NUMBER: From: John Dunn�lr� Su ' ct: Appointment of Ciry representatives to the Central Coast Performing Arts Center Commission CAO RECOMMENDATION That the City Council appoint the Mayor and the City Administrative Officer as delegates and the Vice-Mayor and the Assistant City Administrative Officer as alternates to the Central Coast Performing Arts Center Commission. DISCUSSION Background The City Council recently approved the Performing Arts Center Operating Agreement. One of the provisions of that Agreement was to establish the Central Coast Performing Arts Center Commission. The Commission will consist of nine Commission members, five designated by Cal Poly, two by the Foundation and two by the City; each designated Commission member will have a designated alternate. The Commission serves a critically important role in terms of being the interface between the Performing Arts Center and the community. The role of the Commission is advisory to the University President, exp that the Commission adopts the budget and all modifications to the budget. This particular issue was negotiated intensively between the three parties to the agreement because of the provision, both in the Development and the Operating Agreements, that the University will not be responsible for any operating deficit. Therefore, any operating deficit would be entirely assumed by the City and the Foundation. This situation was discussed extensively on page four of my memo to you regarding the Operating Agreement, and is in Section 3.03 of the Operating Agreement. Whom the City selects to serve on the Commission is a matter of Council prerogative. The appointees could be members from the community, representatives from community performing arts organizations, citizens or anyone the City Council feels comfortable in designating as representatives of the City. However, it is my recommendation to you that the selected representatives be official representatives of the City. The reason for this is the responsibility that City and Foundation representatives, in particular, have for budget overview because of the negative consequences on these two organizations should an operating deficit/budget shortfall occur. I��i�H��uIIIIII�Ip llNlll MY Of San lugs OBISPO COUNCIL AGENDA REPORT The City has to have the highest order of accountability for the proper and successful operation of the Performing Arts Center, both in terms of benefits to the community of the Performing Arts Center program and to minimize the vulnerability of the City's general fund in the event of an operating deficit. Accordingly, I am recommending that the City be represented on the Commission by the highest elected official, the Mayor, and the City's highest appointed official, the City Administrative Officer, and that the alternates to these two positions be, respectively, the Vice Mayor and the Assistant City Administrative Officer. In this way the City will know what is going on in a most direct fashion, and this message can be communicated to the citizens, the City Council and appropriate administrative staff. Alternatives to the above recommendation could be (1) two members of the City Council, or (2) two members of the administrative staff,probably the City Administrative Officer and Finance Director, (3) two representatives from community performing arts organizations or (4) two public citizen members or (5) any combination of the above suggestions. Based on the experience of other communities, the years of designing and building the facility are exciting, but the following few years of developing the program and the audience for the facility are most critical in terms of the long-term operation and financial success. It is important that we select Commission members who have a genuine interest in performing arts presentations to the local community, in the well-being of the center during its nurturing years and in the fiscal integrity of the operation to prevent an undue burden on the City's general fund. JD:mc Attachment: Statement by Domestic Nonprofit Corporation I h/paccomm C- 6 - Z WARREN A.SINSHEIMER III SIN5HEIMER, SCHIEBELHUT & BAGGETT ROBERT K SCHIEBELHUT A PROFESSIONAL CORPORATION K. ROBIN BAGGETT STREET ADDRESS MARTIN I.TANCEMAN ATTORNEYS AT LAW 1010 PEACH STREET THOMAS M. DUGGAN POST OFFICE BOX 31 FACSIMILE MARTIN P.MOR05KI DAVID A. IUHNKE SAN LUIS OBISPO, CALIFORNIA 93406-0031 805.541.2802 STEVEN I. ADAMSKI THOMAS D. GREEN 805-541-2800 M. SUZANNE FRYER DIANE W.MOROSKI CLIENT 0249000 CYNTHIA CALDEIRA W. ARTHUR GRAHAM SUSAN 5.WAAG ROY E. OGDEN THOMAS I.MADDEN III AugustCHR15 A.CARR 6, 1993 MARIA L HUTMN NINA NEGRANTI RE610EIVED James B. Jamieson Foundation for the Performing Arts Center Post Of'f'ice Box 1137 AUG 9 1993 San Luis Obispo, California 93406 AOMiNISTFu,I IUN Frank Lebens SAN LUIS OBISPO,CA Office of Business Affairs California Polytechnic State University San Luis Obispo, California 93407 John Dunn City Administrator City Hall 990 Palm Street San Luis Obispo, California 93401 Re : Performing Arts Center Operating Agreement Central Coast Performing Arts Center Commission Gentlemen: I am enclosing a copy of the Statement by Domestic Nonprofit Corporation filed for the Central Coast Performing Arts Center Commission last week. These statements are required to be filed shortly after a corporation is formed. We filed within the grace period. Ir. comrleting the statement, I rook the liberttr of showing myself and Jim as the officers. That is only an interim answer. It does raise the question of organizing the Commission and getting it properly underway. Each of us should identify our appointees to the commission and direct them to conduct an organizational meeting. I am sure that Jim would be able to arrange such a meeting through the FPAC office, once we know who is on the Commission and the alternates . If the City and the University will let us know who is involved from them, we can proceed. Sincerely, INSHEIMER, SCHIEBELHUT & BAGGETT W EN A. SINSHEIMER WAS/hkm 37 :FPACS06 . ltr S.",L or fA,F �`- 93 335008 w ° fP D P.O.Box 944230 � 'IR[L�[r>L CC�'11111Tr[ C11I_-yj Sacramento,CA 94244-0230 c Phone:(916)445-2020 D4IIF0RMI' Jerretarg Of O%tzttc STATEMENT BY DOMESTIC NONPROFIT CORPORATION THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 8210, 9660 CORPORATIONS CODE) = N D O R G E D THE $5 FILING FEE MUST ACCOMPANY THIS STATEMENT. F I L E 0 :e I�w oYc�DI,IM 5+:..Ivry d Slate of"Slot.DI CwiifoRia DUE DATE: JULY 1 , 1993 185-5011 j U L 2 9 1993 CENTRAL COAST PERFORMING ARTS CENTER COMMISSION I#XH FONG EU, SeuetarY Of State DO NOT ALTER PREPRINTED NAME. IF ITEM 1 IS BLANK, PLEASE ENTER CORPORATE NAME DO NOT WRITE IN THIS SPACE INSTRUCTIONSPLEASE READ ON OF • TYPE- ORPLEASE • FOR • THE CALIFORNIA. CORPORATION NAMED HEREIN;.MAKES THE FOLLOWING STATEMENT 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE OR ROOM 2A. 2B. IIF NONE.COMPLETE 3-381 IDO NOT USE P.O. BOX NOJ CITY AND STATE ZIP CODE 3. MAILING ADDRESS SUITE OR ROOM 3A. 3B. P.O. Box 31 San Luis Obispo, California 93406 CITY AND STATE ZIP CODE THE NAMES OF THE FOLLOWING OFFICERS ARE: 4. 4A. 49. 4C. Warren A. Sinsheimer 1010 Peach Street San Luis Obispo, CA 93401 CHIEF EXECUTIVE OFFICER BUSINESS OR RESIDENCE ADDRESS(DO NOT USE P.O. BOX) CITY AND STATE ZIP CODE S. SA. SB. SC. James B. Jamieson 1160 Marsh Street, Suite 302 San Luis Obispo, CA 93401 SECRETARY BUSINESS OR RESIDENCE ADDRESS(DO NOT USE P.O.SOXI CITY AND STATE ZIP CODE 6. 6A. - 6B. 6C. James B. Jamieson 1160 Marsh Street, Suite 302 San Luis Obispo, CA 93401 CHIEF FINANCIAL OFFICER BUSINESS OR RESIDENCE ADDRESS IDO NOT USE P.O. BOXI CITY AND STATE ZIP CODE DESIGNATED AGENT FOR SERVICE OF PROCESS a SE E';D"TREQUIRED 8`CON,RIMA ALIPORNIA�OF FORM" � 7. NAME Warren A. Sinsheimer B. CALIFORNIA 5TREET ADDRESS IF AGENT IS AN INDIVIDUAL IDO NOT USE P.O.BOX)DO NOT INCLUDE ADDRESS IF AGENT 15 A CORPORATION 1010 Peach Street San Luis Obispo, CA 93401 9. 1 D CLARE.THAT I H E EXAMINED THIS STATEMENT AND TO THE BEST OF MY KNOWLEDGE AND BELIEF. IT IS TRUE.C R C AN42 c, PLETE. Z Warren A. Sinsheimer l ATE TITLE TYPE OR PRINT NAME OF SIGNING OFFICER OR AGENT SIGNATV RE ORM