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HomeMy Public PortalAboutOrd. 1575ORDINANCE NO. _ 7 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING SECTION 11 -20 TO THE LYNWOOD MUNICIPAL CODE BY ESTABLISHING AN ART IN PUBLIC PLACES PROGRAM AND AN IN -LIEU FEE WHEREAS, many cities have adopted an Art in Public Places Program with the intent of placing permanent art objects, such as sculptures, throughout their communities, and WHEREAS, the City Council of the City of Lynwood (the Council) wishes to create a similar program in the City of Lynwood, and WHEREAS, the City of Lynwood retained a consultant to establish the process for the creation of an Art in Public Places Program, and the consultant's report dated March 28, 2006, is available for review at the offices of the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 11 -20 is hereby added to the Lynwood Municipal Code to read as follows: 11 -20.1 Definitions "Applicant" means the owner of the property, tenant, lessee, sublessee, licensee, or any other person utilizing the property and seeking the required permits. "Artwork" means original creations of art including but not limited to, the following categories: sculpture, murals, mosaic and fountains. These categories may be realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other suitable materials. "Project" means any development, construction, reconstruction, remodel, or erection of any structure, building, parking lot, or sign. "Project cost" means the total value of a project, excluding the land value; as determined by the Building Official, and indicated on the building permits issued by the City for that project. "Public place" means any exterior area on public or private property, which is accessible and visible to the general public. "Theme" means the subjects that have been approved by the City. 11 -20.2 Purpose: The City Council of the City of Lynwood hereby finds that development in the City of Lynwood should be beneficial to the public health, safety and general welfare. Artistic resources enhance the quality of life for residents living in, working in and visiting the City. Balanced development and artistic resources preserves and improves the quality of the urban environment. As development increases the need to erect, create, develop and contribute to public art is necessary. 11 -20.3 Requirements to Provide Artwork or Pay In -Lieu Contribution When a project is subject to the requirements of this section, the applicant shall comply with provisions of either of the following subsections: a. Artwork Acquisition and Installation. The project applicant shall acquire and install an artwork in a public place on or in the vicinity of the project site. The artwork and the place of the artwork must be approved by at least 3/5 of the entire body of the City Council pursuant to this section. The cost or value of such artwork as approved by the City Council shall not be less than the amount of the in -lieu contribution that would otherwise be made under subsection B of this section. In the event that the 1.5% of the total project cost exceeds the value of the artwork purchased and approved, the applicant shall acquire and install the artwork that is less than the 1.5% of the total project cost and pay the difference between the artwork acquired and the 1.5% fee. b. In -Lieu Contribution. In lieu of acquiring and installing an artwork, project applicants shall contribute funds to the Art in Public Places Fund equal to one and one -half percent (1.5 %) of the total project cost, unless otherwise provided by the City Council. Project applicants must indicate on their art in public places applications that they wish to make an in -lieu contribution. 11 -20.4 Projects Subject To Art in Public Places Requirement a. The requirements of this section shall only apply to the following projects: 1. Commercial or industrial developments, having a total project cost, excluding any fees pursuant to this section, in excess of one hundred thousand dollars ($100,000.00); 2. Residential developments, including single family homes, having a total project cost, excluding any fees pursuant to this section, in excess of one hundred thousand dollars ($100,000.00). b. Exceptions. The requirements of this section shall not apply to the following activities: 1. All public work and governmental agency projects; 2. Reconstruction of structures, which have been damaged by fire, flood, wind, earthquake or other calamity; 3. Religious, hospital, scientific or charitable organizations if the project is constructed on property exempt from taxation pursuant to California Revenue and Ta xaticn Code Section 214. 11 -20.5 Processing The requirements and procedures for the processing of an art in public places application shall be as follows: a. Upon submission of a project application subject to the requirements of this section, the City Manager or his designee shall provide to the applicant a copy of the ordinance and an art in public places application form. b. The project applicant shall submit to the City Manager or his designee a completed art in public places application form in a timely manner as set forth under the guidelines established by the City Manager or his designee. C. The theme of the artwork shall be approved by the majority of the entire body of the City Council. d. After the theme has been selected by the City Council, the City Manager or his designee shall, upon receipt of the application submit the application to the Art in Public Places Advisory Committee (hereafter "Committee "). e. The Committee shall, within thirty (30) days from the date of submittal of the application by the City Manager or his designee, submit to the City Council comments and /or a recommendation on the proposed artwork. f. The application shall then be submitted to the City Council for final action. The City Council shall approve, approve in part, conditionally approve or deny the application based upon the guidelines set forth in this section and a determination of whether the value equals or exceeds the amount of the in -lieu contribution, which the application seeks to satisfy. g. When the project applicant has elected to acquire and install an artwork, the building permit shall not be issued until the City Council has approved the art in public places application, and the certificate of occupancy shall not be issued until the approved work of art has been installed unless an in -lieu contribution is made as a deposit to secure the proper installation of the artwork within a reasonable period of time as specified by the City Manager or his designee. h. When the project applicant has elected to make an in -lieu contribution to the Art in Public Places Fund, the building permits shall not be issued until such contribution has been paid. i. If the applicant decides to install artwork after making an in -lieu contribution, a bond, letter of credit, or other instrument acceptable to the City Manager or his designee will be necessary to ensure completion of the project before any refunds are issued to pay for artwork. 11 -20.6 Art in Public Places Advisory Committee a. The City of Lynwood, in recognizing the important role that public artwork has on the health, safety, and welfare of the community and its residents, does hereby establish an Art in Public Places Advisory Committee. The Committee shall serve as a review panel, to ensure that all City Council established criteria have been met. The Committee shall review the applications and examine the proposal for public safety, weather resistance, theme, harmony with the development, verification of value, public response, proper lighting, public accessibility, installation methods, proportion, composition, the artists previous experience on monumental scale sculpture, the artists art training and exhibition record. b. The Committee shall consist of five members, wherein each Council member appoints one of the Committee members, and appointment is approved by the majority of the membership of the City Council. The Committee shall consist of the following: Two (2) Lynwood residents; At least one (1) person with a degree in art or an art- related field; One (1) Lynwood business owner or operator; and one (1) licensed civil engineer. C. Committee support shall be provided by the City Manager or his designee. d. Committee appointments shall be for four (4) years. Committee members may be removed by at least a three -fifths (3/5) vote of the entire membership of the City Council at any time, with or without cause. e. Committee members shall be residents of the City of Lynwood except when waived by at least a three - fifths (3/5) vote of the entire membership of the City Council. The City Council may waive the residency requirement only in the event that no resident is eligible or that the only eligible resident for a particular appointment category declines the appointment. f. Should a regular Committee position become vacant for any reason, such vacancy shall be filled for the unexpired term of office, within thirty (30) days, by a qualified successor. Such appointment shall conform to the provisions of this subsection. g. If a member of the Committee is absent from three (3) regular meetings without being excused by the Committee or is absent for any reason for more than four (4) regular meetings during a twelve (12) month period, the office of such member shall be vacated and City staff shall immediately notify the City Council of the vacancy. Upon such notification, a successor for the remainder of the term of such member shall be appointed by at least a three - fifths (3/5) vote of the entire membership of the City Council. h. The Committee shall adopt rules for the selection of its officers, including the selection of a Chairperson and Vice - Chairperson, the time and place of its meetings, and such other matters relative to its work and administration of its duties which are not otherwise provided for by statute, ordinance, or resolution of the Council. The Committee shall comply with the same rules and regulations for the conduct of its business as provided for in section 2 -1.5 of the Lynwood Municipal Code. i. The Committee shall conduct meetings as necessary. All Committee meetings shall be held in accordance with the Ralph M. Brown Act and shall be open to the public, except as provided by law. Special meetings may be called by the Chairperson of the Committee or the majority of the Committee. The regular meetings shall be held at: City Hall Council Chambers 11330 Bullis Road Lynwood, California 90262 j. The City Manager or his designee shall appoint a secretary to the Committee. The secretary of the Committee shall not be a member of the Committee. The secretary of the Committee shall keep a record of its proceedings and the basis for all findings and recommendations, which shall be available to the public. k. The recommendation of approval or conditional approval of an application for artwork shall be by a majority (3 members) of the total Committee membership; otherwise any such application shall be considered to be a recommendation of denial. I. Members of the Committee shall be required to file annual statements of economic interest pursuant to the City's conflict of interest code. 11 -20.7 Art in Public Places Advisory Committee Required Plans and Materials. If the applicant desires to acquire and install the artwork, the applicant shall submit the following for review to the Committee: a. A site plan depicting: 1. The complete dimensions of the lot and site plans; 2. All existing and proposed buildings and structures; 3. All existing and proposed street dedications and improvements thereon, including the location and nature of all street improvements in the public right -of -way; 4. All easements; 5. The location of all utility services. b. Drawings, rendering, or sketches showing the artwork itself, including, but not limited to colors, dimensions, illumination, and materials C. Architectural drawings, renderings, or sketches showing all elevations of the proposed buildings, structures, and artwork as they will appear upon completion and the texture and color of all construction materials to be used; d. All existing and proposed yards and spaces between buildings and structures; e. All existing and proposed walls, fences, and landscaping, including the location, height, area, color, nature, and type of design and material composition for the walls and fences; f. A landscape plan showing the location of the trees and shrubs (proposed to be removed, retained, or installed), the amount, height, type, and location of landscaped areas, planting beds, and plant materials, and provisions for irrigation; g. All existing and proposed lighting, including the location and general nature of both off -site and on -site lighting, the proposed intensity thereof, and the diffusion thereof; h. All existing and proposed outdoor and indoor storage activities including, but not limited to, the nature of such storage, its location, and the proposed height and type of screening for such storage, including the design, color, and material composition thereof; i. The exterior lighting plan showing the location, materials, and colors of the illumination; j. Such other drawings or additional information necessary to adequately consider the drawings set forth in this section and determine compliance with the purpose and intent of the artwork review process. 11 -20.8 Guidelines The Committee, at the recommendation level, and the City Council, at the final approval level, shall use the following guidelines in making its recommendations or decisions. a. The artwork shall be displayed in an area that is open and freely accessible to the public for at least ten (10) hours each day or displayed in a manner which otherwise provides public accessibility in an equivalent manner based on the characteristics of the artwork or its placement on the site. b. The composition of the artwork shall be of a permanent type of material in order to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. C. The artwork shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment. d. The artwork shall be designed and constructed by persons experienced in the production of such artwork and recognized by critics and by his or her peers as one who produces works of art. e. The artwork shall be consistent with the theme approved by the City Council. f. The artwork shall be permanently affixed to the property. g. The following items are not to be considered as artwork: 1. Art objects that are mass - produced from a standard design. However, limited productions may be considered with specific restrictions; 2. Reproductions of original artworks; 3. Decorative, ornamental or functional elements that are designed by the building architect as opposed to an artist commissioned forthe purpose of creating the artwork; 4. Landscape architecture and landscape gardening except where these elements are designed or approved by the artist and are an integral part of the artwork by the artist, 5. Any artwork that promotes a business or service. 6. Services or utilities necessary to operate or maintain the artwork. 11 -20.9 Maintenance of Artwork a. If the applicant elects to acquire and install the artwork, the artwork shall be maintained by the property owner in a safe, neat and orderly manner at all times acceptable to the City. Any repair and maintenance shall be the responsibility of the applicant and completed in accordance with a maintenance plan approved by the City. b. If the applicant elects to acquire and install the artwork, the artwork shall remain the property of the applicant and shall be replaced in the event of theft, or repaired in the event of damage. Artwork shall be insured for the full replacement value. Art may not be removed without prior approval from the City Council. If removal is granted, an in -lieu contribution equal to the value of the artwork shall be made to the City's Art in Public Places Fund. C. If the applicant elects to pay the fees in lieu of the acquisition and installation of the artwork, any artwork acquired and installed shall remain the property of the City. In this case, the City shall be responsible for maintenance and repair of the artwork. 11 -20.10 Indemnification and Insurance a. If the applicant elects to acquire and install the artwork and prior to the issuance of building permits, the property owner, or applicant, shall execute and record with the Los Angeles County Recorder, covenants, conditions and restrictions in form and content approved by the City Manager or his designee and the City Attorney providing the following. 1. The applicant's successors and assigns shall keep the artwork in good repair. 2. The applicant shall execute a document agreeing to hold the City of Lynwood, its officers, directors, employees, volunteers, and agents free and harmless from any loss, liability, damage or cost sustained by any person or property, to the extent that the loss, liability, damage or cost arises out of the installation, operation, or use of the artwork. 3. The applicant shall furnish the City Manager or his /her designee a certificate of insurance evidencing that the applicant has then in force a liability and property damage insurance policy with the following requirements: a. A policy or policies of broad -form comprehensive general liability insurance with minimum limits of one million dollars ($1,000,000) combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts by applicant, its officers, directors, employees, agents, and independent contractors related to the artwork. b. The City, its officers, employees, volunteers, and agents shall be named as additional insureds. Property damage insurance with a minimum limit of five hundred thousand ($500,000) naming the City, its officers, employees, volunteers, and agents as additional insureds. C. The applicant shall keep the insurance in force during all times it maintains the artwork. The Certificate of insurance filed with the City shall include a statement by the insurance carrier that thirty (30) days notice will be given to the City before cancellation. 11 -20.11 Art In Public Places Fund a. Accounting. Any moneys collected in accordance with the in -lieu contribution provisions of this section shall be deposited in a separate account denominated as the "Art in Public Places Fund." The City Manager or his designee shall establish accounting records sufficient to identify and control these funds. The account containing these funds shall earn interest and the earned interest shall be used for and be subject to the same restrictions established in this section. b. Five percent (5 %) of in -lieu fees paid would be set aside to cover the City's administrative costs related to implementing, administering, overseeing, and updating the program. The remaining ninety -five percent (95 %) of the in -lieu fees paid would be available for the purchase or commissioning of art works. C. Use of Fund. The Art in Public Places Fund shall be used to provide sites for, and works of art in, public places in order to further the intent and purpose of this section. The Art in Public Places Fund shall also be used as a depository for endowments, bequests, grants or donations specifically designated for public art or related purposes. Such sums may be expended as set forth in subsection C of this section as approved by the City Council. d. Permissible Expenditures. Expenditures of funds shall be limited to the following uses: 1. The cost to purchase, maintain, repair and install the artwork; 2. The cost to purchase, maintain, repair and install the water works, landscaping, lighting and other objects which are an integral part of the artwork; 3. The cost to purchase, maintain, repair and install the frames, mats, pedestals, and other objects necessary for the proper presentation of the artwork; 4. The cost to purchase, maintain, repair and install the walls, pools, landscaping or other architectural or landscape architectural elements necessary for the proper aesthetic and structural placement of the artwork; 5. In the event repair of the artwork is required, the City shall first give the artist the opportunity to do that work for a reasonable fee. In the event the artist is unable or refuses to make the repair for such a fee, the City may proceed to contract for such repair with another qualified artist e. Administration. 1. The Art in Public Places Fund shall be administered by the City Manager or his designee. 2. The Committee shall make recommendations to the City Council concerning the purchase or commissioning of artworks, including a. Locations that should be considered for artworks; and b. The medium of the proposed artwork; and c. The artist whose work should be considered for placement in the recommended location. 3. Selection of artists and artworks shall be based on the guidelines set forth in this section, as approved by the City Council. 4. The City may contract with the artist and with consultants as necessary for the purchase or commissioning as well as the execution and installation of the artwork. 5. On -site activities in connection with the artwork installation shall be coordinated by the City Manager or his designee. 11 -20.12 Administration of Approved Plans: If there is substantial change from the original design or plans of either the artwork or the project, the matter or plans shall be resubmitted to the Committee, subject to all of the provisions of this section, as if it were a new application. 11 -20.13 Further Rules and Regulations: The City Council reserves the right to adopt by resolution additional rules and regulations which shall become effective immediately upon adoption, governing the implementation of the specific procedures of this section. SECTION 2: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: This ordinance shall take effect sixty (60) days after its final passage. SECTION 4: The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the 18th day of Apri 1 , 2006 and adopted and ordered published at a regular meeting of said Council held on the 2nd day of May , 2006. cia asquez, Mayor City of Lynwood ATTEST: Andrea L. Hooper, City Clerk APPROVED AS TO FORM: �-a- Qom-- -- Arnoldo Beltran, City Attorney STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk for the City of Lynwood, do hereby certify that the foregoing Ordinance was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 2nd day of May , 2006. AYES: COUNCILMEN BYRD, JOHNSON, PEDROZA, SANTILLAN AND VASQUEZ NOES: NONE ABSTAIN: NONE ABSENT: NONE City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1575 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 2nd day of May , 2006. City Clerk, City of Lynwood