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9 1 Audit Action Plan CONTROLLER'S AUDIT RECOMMENDATIONS PAGE MAYOR / COUNCIL ACTION REQ D DEPARTMENT ACTION REQ D RESPONSE AND IMPLEMENTATION STATUS ESTIMATED TIMELINE SECTION I. ARTS DEVELOPMENT FEE DEVELOPER PAID-IN PROJECTS 1. Cultural Affairs Management should solicit feedback from Developers to understand how they view the City s Arts Development Fee program and consider their input when revising any related ordinances. 31 Department of Cultural Affairs (DCA) The Department has been working with the City Attorney's Office to develop new ADF guidelines. The City Attorney has suggested a working group be established to further develop the ADF paramaters. The department is also interested in convening a focus group that would include developers experienced with the ADF program and relevant stakeholders. However, the department would prefer to move forward with this effort once a new General Manager is in place. September 15, Cultural Affairs Management and City Council should consider reviewing and resolving any discrepancies in the relevent sections of the Administrative Code (Paid-In Fees) and the Municipal Code (Developer-Led Credits) which dictate the services and programs for which the fees and credits can be utilized. 31 City Council DCA Cultural Affairs and the Office of the City Attorney are working together to develop new Administrative guidelines, that will describe the types of programs and services for which the fees can be used. In addition, Council introduced a motion requesting the CLA to report back with recomendations to update the amounts collected and the process for collecting and disbusing funds. The department is working with the CLA on a report back to Council. 3. Cultural Affairs Management and City Council should consider developing a Cluster Model, which would allow the Department to group Arts Development Fees that fall within a reasonable distance from the development site and administer them in a consolidated manner. 31 City Council The department and Office of the City Attorney are working together to develop new Administrative guidelines, that will include a "cluster" model as well as expore a cultural, regional and/or geographical nexus approach for how the fees can be used. 4. Cultural Affairs Management should determine, in conjunction with the City Attorney, how to address the high cash balance in Fund #516 so that the accumulated Arts Development Fees and interest are used to fund publicly accessible art projects and/or cultural programs in a more timely manner. 31 DCA The department and Office of the City Attorney are working together to develop new Administrative guidelines, that will include a provision for how to address the interest balance in the fund. 5. Cultural Affairs Management should complete and submit the required quarterly and annual reports to City Council which detail the activities in Fund #516 to allow for a timely discussion among policy makers to determine how any unused Arts Development Fees should be reallocated. 31 DCA Once the administrative guidelines are approved by Council, the Department will develop an expenditure plan, in conjunction with Council Offices. Upon which time, the reporting requirements will be established with City Council, and the Mayor's Office to determine metrics-based assessments. 6. Cultural Affairs Management should, in consultation with the Controller s Office, immediately establish a method to attribute interest earnings that is consistent with the Administrative Code. 33 DCA The Department is working with the City Attorney's Office to determine how to treat the interest income earned on the fund balance. 7. Cultural Affairs Management should consider a method which will allow the interest from multiple sites to be leveraged so larger art projects can be made available throughout the City. 33 DCA The department and Office of the City Attorney are working together to develop new Administrative guidelines, that will include a "cluster" model approach for how the fees can be used. 8. Cultural Affairs Management should establish adequate controls to ensure that interest credited to Fund #516 is attributed in a timely manner, in accordance with the established methodology. 33 DCA The Department is working with the City Attorney's Office to determine how to credit the interest income earned on the fund balance. 9. Cultural Affairs Management should evaluate the results of the Pilot Program. 34 DCA The evaluation of the pilot project has been completed. The findings will be used to inform the new administrative guidelines. 10. If the Pilot Program is deemed successful, Cultural Affairs Management should work with the CAO to consider allocating a portion of the Paid-In Development Fees to the Grants Administration Division s annual budget to provide funding to organizations that provide services within the (revised) allowed radius of the development generating the fee. 34 CAO The department believes the CAO may not recommend allocating ADF funds to the Grants Division until the City Attorney provides an interpretattion of allowable ADF deployment. August 15, 2014 Page 1
10 2 CONTROLLER'S AUDIT RECOMMENDATIONS PAGE MAYOR / COUNCIL ACTION REQ D DEPARTMENT ACTION REQ D RESPONSE AND IMPLEMENTATION STATUS ESTIMATED TIMELINE 11. Cultural Affairs Management should comply with the Municipal Code and provide the updated fee rates to City Council for consideration. 36 DCA The Department has performed an impact analysis of the updated ADF fee rates. The analysis is currently under review by the City Attorney and Chief Legislative Offices, and the findings will be forwarded to City Council with recommendations. July 15, Cultural Affairs Management should work with the City Administrative Officer and City Council to evaluate whether the 1% cap should be reassessed. 36 DCA The Department has performed an impact analysis of an updated 1% Cap rate. The analysis is currently under review by the City Attorney and Chief Legislative Offices and will be forwarded to City Council with recommendations. July 15, Cultural Affairs Management should review the fields in the Developer Paid-In Development Database, and work with ITA to modify and eliminate redundant options in order to simplify reporting. 37 DCA Cultural Affairs has reviewed the fields in the Paid-in Development database and reduced the number of fields from 8 to 6 to eliminate redundancies. The department still wants to work with ITA to improve project tracking and to develop new efficiency metrics. Completed - April 2014 SECTION II. ARTS DEVELOPMENT FEE DEVELOPER-LED PROJECTS 14. Cultural Affairs Management should on a monthly basis, generate a report of active projects which lists the anticipated completion dates and the financial collateral instrument expiration dates to ensure the deadlines have not passed, and notify Developers with approaching deadlines to ensure program requirements are enforced. 40 DCA The department has addded the anticipated project completion dates and financial security expiration dates, to its monthly reports to ensure project deadlines are enforced. Cultural Affairs Management should: 15. a) Obtain formal approval from the City Attorney for a standard agreement template that is consistent with City contracts, and determine the approval process for the individual agreements and related financial collateral instruments. b) Consider collecting a financial collateral instrument from the Developer, only when they fail to complete the art component. The certificate of occupancy should be withheld until either the art component is completed or until the Developer has provided the City with an acceptable financial collateral instrument. 41 DCA The department will review this recommendation at a future meeting with the City Attorney's Office, and the working group, and prepare recommendations for Council consideration and approval. July 15, Cultural Affairs Management should instruct the Developers to designate the City of Los Angeles, Department of Cultural Affairs, as the beneficiary of the selected financial collateral document. 41 DCA The department is proposing to update the language in the introductory documents it gives to developers regarding the beneficary listed in the selected financial collateral and the Letter of Agreement. The proposed changes will be reviewed and approved by the City Attorney's Office. 17. Cultural Affairs Management should review the fields in the Developer-Led Database to limit excessive options and work with ITA to modify and eliminate redundant options. 42 DCA Cultural Affairs has reviewed the fields in the Developer-led database and reduced the fields from 24 to 11 to eliminate redundancies. However, the department wants to work with ITA to improve project tracking and to develop new efficiency metrics. Completed - April 2014 SECTION III. PUBLIC WORKS IMPROVEMENT ARTS PROGRAM 18. Cultural Affairs Management should submit an annual plan for the use of all PWIAP funds to the Cultural Affairs Commission, Mayor and Council for review and approval. 44 DCA The department will prepare an annual status report on the public art projects underway for the Cultural Affairs Commission, Mayor s Office and City Council to review and, will work with the Chief Administrative Officer to determine the appropriate methodology for presenting this information to City Council. The Department is prepared to begin this reporting next fiscal year. September 1, 2014 Page 2
11 3 CONTROLLER'S AUDIT RECOMMENDATIONS PAGE MAYOR / COUNCIL ACTION REQ D DEPARTMENT ACTION REQ D RESPONSE AND IMPLEMENTATION STATUS ESTIMATED TIMELINE SECTION IV. ADDITIONAL OBSERVATION 19. Cultural Affairs Management should revise the Developer-Led and PWIAP guidelines to require staff to compare the art component plan against the development construction costs to ensure it will only be used for materials and labor exclusively for the project, and not to finance incremental construction costs of the development/project. 47 DCA The Department will work with the Office of the City Attorney to update the language in the guidelines for the ADF and PWIAP programs to articulate this requirement. September 15, 2014 Page 3
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