HomeMy Public PortalAboutOrd. 1603ORDINANCE NO.1603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING
SECTION 11 -20 TO THE LYNWOOD MUNICIPAL CODE RELATING TO 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 ( "Council') wishes to create a different
program to allow a broader medium of art, aimed at enhancing the aesthetic look of the City
of Lynwood.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 11 -20.1 of the Lynwood Municipal Code, entitled "Definitions" is
hereby amended in its entirety 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 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.
"Decorative work" means work made by mass production processes
and not original artwork.
"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."
SECTION 2. Section 11 -20.5 of the Lynwood Municipal Code, entitled "Processing" is
hereby amended to delete subsections c., d., and e. and renumber subsections f., g., h.
and i. as new subsections c., d., e., and f., with all other provisions of Section 11 -20.5,
including the subsections thereunder, remaining unmodified and in full force and effect.
SECTION 3. Section 11 -20.6 of the Lynwood Municipal Code, entitled "Advisory
Committee ", including all subsections under Section 11 -20.6, is hereby deleted in its
entirety,
SECTION 4. Section 11 -20.7 of the Lynwood Municipal Code, entitled "Required Plans
And Materials" is hereby renumbered to 11 -20.6 and amended as to the introductory
sentence to read as follows, with all other provisions of former Section 11 -20.7,
including the subsections thereunder, remaining unmodified and in full force and effect:
"11 -20.6 Required Plans and Materials. If the applicant
desires to acquire and install the artwork, the applicant shall submit the
following for review to the City Council.
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SECTION 5. Section 11 -20.8 of the Lynwood Municipal Code, entitled "Guidelines" is
hereby renumbered to 11 -20.7 and amended in its entirety to read as follows:
11 -20.7 Guidelines: The City Council may 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 permanently affixed to the property.
e. The following items are not to be considered:
1. Decorative, ornamental or functional elements that
are designed by the building architect as opposed to an
artist commissioned for the purpose of creating the
artwork;
2. 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;
3. Any artwork that promotes a business or service.
4. Services or utilities necessary to operate or maintain the
artwork. "
SECTION 6. Section 11 -20.9, entitled "Maintenance of Artwork ", and Section 11- 20.10,
entitled "Indemnification and Insurance ", of the Lynwood Municipal Code are hereby
renumbered to 11 -20.8 and 11 -20.9, respectively, with all other provisions of former
Sections 11 -20.9 and 11- 20.10, including the subsections thereunder, remaining
unmodified and in full force and effect.
SECTION 7. Section 11 -20.11 of the Lynwood Municipal Code, entitled "Funds" is
hereby renamed to "Art in Public Places Fund ", renumbered to 11- 20.10, and amended
as to Subsection b. entitled "Administrative Costs; Purchase Of Artworm' and
Subsection e. entitled "Administration ", as to subparagraph e.2 therein, to read as
follows, with all other provisions of former Section 11- 20.11, including the subsections
thereunder, remaining unmodified and in full force and effect
"11 -20.10 Art in Public Places Fund
b. Administrative Costs; Purchase Of Artwork' Not to exceed
fifteen percent (15 %) of in -lieu fees paid shall be set aside to cover
the City's administrative costs related to implementing,
administering, overseeing, and updating the program. Up to ten
percent (10 %) of in lieu fees shall be set aside for maintenance of
City -owned artwork or decorative work. The remaining seventy -five
percent (75 %) of the in -lieu fees paid shall be available for the
purchase or commissioning of artwork or decorative work.
e. Administration.
2. The City Manager or his designee shall make
recommendations to the City Council concerning the purchase
or commissioning of artworks, including....
SECTION 8. Sections 11- 20.12, entitled "Administration of Approved Plans," and 11-
20.13, entitled "Further Rules and Regulations" of the Lynwood Municipal Code are
hereby renumbered to 11 -20.11 and 11- 20.12, respectively, with all other provisions of
former Sections 11 -20.12 and 11 -20.13 remaining unmodified and in full force and
effect.
SECTION 9. 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 10. This ordinance shall take effect thirty (30) days after its final passage.
SECTION 11. 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 19th day of August, 2008
and adopted and ordered published at a regular meeting of said Council held on the
2nd day of September, 2008.
ATTEST:
Maria Quinonez, City Clerk
APPROVED AS TO FORM:
Fred Galante, City Attorney
Maria T. Santillan, Mayor
City of Lynwood
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