Los Angeles Municipal Code § 19.85 Arts Program

The City finds there is a need to create new and additional funding for the arts in the City of Los Angeles in order that a coordinated city- wide arts policy may be implemented that incorporates all arts and disciplines for the cultural benefit of the City, its citizens and its visitors. A percent-for-arts program related to all future public works construction in the City will provide significant added financial support toward the City’s ability to create effective processes for the commissioning of new City artworks and cultural facilities and services.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

Except as otherwise provided in this article, an amount equal to one percent (1%) of the total cost of all construction, improvement or remodeling work for each public works capital improvement project undertaken by the City shall be included in the project budget for expenditure in compliance with the City’s Public Works Improvements Arts Program (Program).

For purposes of this article, “public works capital improvement project” includes any capital project paid for wholly or in part by the City of Los Angeles or by any board, bureau or department of the City authorized by the City Charter or other law to construct or remodel any building, structure, park, utility, street, sidewalk or parking facility, or any other type of capital project or any portion thereof, within the geographical limits of the City.

The requirements of this section shall apply to all public works capital improvement projects, whether or not a final inspection or a certificate of occupancy is required for the project. Compliance with the requirements of the Program shall be a condition precedent to design approval required by Section 22.109 of this Code, and whenever a building permit is required by applicable provisions of the Los Angeles Municipal Code, shall also be a condition precedent to the issuance of the permit.

EXCEPTION: If any applicable law, or the source of funding with respect to any particular public works capital improvement project prohibits use for the arts and artworks as an object of expenditure of certain funds, such funds shall be excluded from the total project budget for the purpose of calculating the expenditure for arts required by the Program for the project involved.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

Except as provided in Section 19.85.4, no City board, bureau or department of the City shall permit or cause work to be commenced on any public works capital improvement project prior to depositing the budget amount required by Section 19.85.1 into the “Arts and Cultural Facilities and Services Trust Fund” provided for in Section 5.115.4 of this Code (Trust Fund) and obtaining the approval of design and location of the structure required by Section 22.109 of this Code.

Prior to such deposit, any limitations or restrictions concerning the use of the funds which are imposed by law or agreements regulating the source of said funds (e.g. location, timing or purpose) shall be determined by the City Controller, and funds so limited or restricted shall be accounted for separately in the Trust Fund and shall not be expended in violation of any of such specified limitations or restrictions.

In the event of a change in the actual cost of constructing a public works capital improvement project, the change shall incorporate in the funds budgeted for that change a money amount equal to one percent (1%) of the total change. To the extent the change increases the cost of constructing the public works capital improvement project, the department, board or bureau administering the public works capital improvement project shall deposit one percent (1%) of such increased costs into the Trust Fund; to the extent it decreases the cost of constructing the public works capital improvement project, the administrator of the Trust Fund shall reimburse the department, board or bureau one percent (1%) of such decreased cost.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

The Cultural Affairs Department shall prepare an annual plan for expenditures from the Trust Fund in accordance with the guidelines adopted pursuant to 19.85.5. The plan shall be subject to review and recommendation by the Board of Cultural Affairs Commissioners and subject to the approval of both the Mayor and City Council.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

The deposit required by Section 19.85.2 shall be reduced by the amount of direct expenditures budgeted and subsequently made on approved public arts projects, or for direct expenditures for public art, including arts and cultural facilities or services, required pursuant to a written agreement with the Community Redevelopment Agency of the City of Los Angeles or the Southern California Rapid Transit District, except that direct expenditures in excess of the deposit required for one public works capital improvement project shall not be applied to reduce the deposit requirement for any other public works capital improvement project.

For purposes of this section, “approved public arts project” shall be a project receiving the approval of the Board of Cultural Affairs Commissioners prior to the expenditure of funds therefor, and consisting of:

(1) acquisition or placement of publicly accessible works of art;

(2) acquisition or construction of arts or cultural facilities;

(3) provision of arts or cultural services; or

(4) restoration or preservation of existing works of art.

A public arts project may be approved by the Board of Cultural Affairs Commissioners as part of the annual plan required by Section 19.85.3, or subsequent thereto by individual action taken in the same manner as approval of the annual plan.

The board, bureau or department claiming the reduction of the deposit shall verify to the Cultural Affairs Department the amount of the direct expenditure and that it was made on an approved public arts project.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

The Cultural Affairs Department shall formulate guidelines and procedures for implementation and administration of the Program. The guidelines and procedures may be amended from time to time as necessary, and shall be adopted by the Board of Cultural Affairs Commissioners, subject to review and approval by both the Mayor and City Council. A proportional amount of the annual cost of administration of the Program by the Cultural Affairs Department, not to exceed eighteen percent (18%) of the one percent (1%) required by Section 19.85.1, may be charged to each public works capital improvement project. The initial amount of the charge for administration of the Program, and subsequent adjustments thereto, shall be subject to City Council approval. Charges required to be paid by a City department for administration of the Program shall be credited against the deposit required by Section 19.85.2 for Program compliance.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

It is the intent of the Council in enacting this ordinance that each provision or requirement of any section of this ordinance be considered severable, and that if any provision or requirement of any section of this ordinance is determined invalid or unenforceable on its face or as applied, said provision or requirement shall be severed therefrom, and that the provisions and requirements of this ordinance shall remain enforceable and applicable to the maximum extent permitted by law.

SECTION HISTORY

Added by Ord. No. 164,244, Eff. 1-15-89.

CHAPTER 7

PROCEDURES FOR DECLARING CERTAIN ABANDONED WRECKED, DISMANTLED OR INOPERATIVE VEHICLES TO BE PUBLIC NUISANCE AND FOR PROVIDING FOR ABATEMENT AND REMOVAL THEREOF

Section