This chapter shall be known as the "City of Calexico Arts in Public Places Ordinance."

(Ord. 1046 § 2 (part), 2007)

Any public or private development of constructing, reconstructing, or constructing an addition to a building in the city of Calexico shall provide public arts amenities or make an in lieu payment, as provided herein.

A.

Unless otherwise specified by resolution of the city council, the public arts amenities shall have a value that equals or exceeds the below-listed amount based on the following schedule:

Year 1 (April 6, 2007 to April 6, 2008): an eighth of one percent of the total construction cost of the building, or addition to a building, subject to this chapter;

Year 2 (April 7, 2008 to April 7, 2009): an eighth of one percent of the total construction cost of the building, or addition to a building, subject to this chapter;

Year 3 and thereafter (April 8, 2009 and thereafter): a quarter of one percent of the total construction cost of the building, or addition to a building, subject to this chapter.

B.

In lieu of providing the public arts amenities required by subsection A of this section, payment may be made to the city in the amount of the value required by subsection A of this section. All payments made pursuant to this subsection shall be segregated and used only as provided Section 17.19.080 of this chapter.

C.

The requirements of this article shall not apply to the following:

1.

Public construction or reconstruction projects for sewer, water, storm drain, or other utility construction/reconstruction;

2.

Street and sidewalk repairs;

3.

Nonprofit social service projects;

4.

Housing projects for "low to moderate income persons and families" as defined in Health and Safety Code Section 50093;

5.

Affordable housing developments receiving city, state or federal assistance, unless permissible under city, state or federal regulations;

6.

Reconstruction necessitated by damage due to fire, flood, wind, earthquake, or other disaster; and

7.

Residential developments of four units or less.

(Ord. 1046 § 2 (part), 2007)

The following definitions are applicable to provisions of this article:

A.

"Construction cost" means the total value of all construction, reconstruction or addition work on a building or structure as determined by the director of development services in issuing a building permit for such construction, reconstruction or addition. The "construction cost" does not include the value of the underlying land.

B.

"Public art" means and includes, but is not limited to, sculptures, monuments, wall hangings, tapestries, photographs, etchings, engravings and paintings. Public art may also include decorative or ornamental elements designed by the architect or other design consultant retained for the design and construction of the subject building. Fountains, murals, entryways, and walkways may be eligible to be considered as qualified artwork. Public art shall not include objects that are mass produced with a standard design such as statuary.

C.

"Public arts amenities" are: (1) Public art, (2) public performance and art exhibition facilities, and (3) public historical and cultural amenities. Public performance and art exhibition facilities, and public historical and cultural facilities must be primarily designed for art performances, art exhibitions, or the conduct of cultural events and/or the display of historical artifacts and exhibits that reflect the history of Calexico or California.

D.

"Reconstruction" means all alterations or repairs made to a commercial or industrial building within any twelve-month period where all of the following apply: (1) any such alterations or repairs result in changes to the exterior of the building, other than signs or fabric awnings, that can be seen from the public right-of-way, (2) the changes to the exterior of the building are not limited to repair and ordinary maintenance, (3) the building permit valuation of the changes to the exterior of the building exceeds five thousand dollars, and (4) the building permit valuation of all alterations or repairs to the building exceeds one million dollars.

For the purposes of this subsection, the twelve-month period referenced above shall include all building permits issued during the twelve months following final inspection of an alteration or repair.

(Ord. 1046 § 2 (part), 2007)

A.

After final completion of architectural review of a structure under this code, an application shall be filed with the city for community services commission review and recommendation to city council of the public arts amenities proposed for such structure. The application shall be on the form designated by the city, containing the following information:

1.

Preliminary sketches, photographs, a model or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public arts amenities;

2.

A curriculum vita of the artist, architect, and/or designer;

3.

An appraisal by an independent, qualified fine art appraiser or other evidence satisfactory to the commission of the value of the proposed public arts amenity including, but not limited to, bona fide invoices, purchase orders or agreements, and auction records;

4.

The site plans and elevations;

5.

An estimate of the construction cost of the proposed building;

6.

Sketches, photographs, or other documentation sufficient to show the relationship of the proposed fine art to the proposed commercial structure;

7.

Such other information as may be required by the community services commission in considering the application under the standards established by subsection C of this section.

B.

Upon receiving a complete application, the community services commission shall schedule a meeting to consider the application. Fourteen days' prior written notice shall be provided to the applicant of the time and place of the meeting at which the application will be heard.

C.

The community services commission shall recommend approval of the application to city council if the proposed public arts amenities satisfy all of the following standards:

1.

The public arts amenities have the minimum value required by Section 17.19.020 of this chapter. Such value shall be established by an appraisal performed by an independent, qualified fine art appraiser or other evidence satisfactory to the commission, including, but not limited to, bona fide invoices, purchase orders or agreements, and auction records. Utility and maintenance costs incurred to operate and maintain the public arts amenity over time shall not be considered in determining the value of the proposed public arts amenity.

2.

If an amenity is public art, it has intrinsic quality and enduring value beyond any decorative characteristics.

3.

The public arts amenities are truly public art or amenities and are compatible with and enhance the aesthetic quality of the building site. The relationship of the fine art to the site in terms of physical size, shape and colors shall be considered as well as the social and cultural interaction of the fine art with the space it ornaments.

D.

The community services commission may recommend proposed fine art subject to such conditions that the commission deems reasonably necessary for such fine art to satisfy the standards set forth in subsection C of this section. Upon the written request of the property owner, the commission may later reconsider a decision recommending denial of an application if the applicant installs such fine art on the subject site and is able to demonstrate to the satisfaction of the commission that the fine art as installed meets the standards set forth in subsection C of this section. Such request for reconsideration also may be made by the property owner and considered by the commission if changes are made either to the subject building or the proposed fine art such that there are new facts upon which the commission may reconsider its earlier recommendation for denial.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 3, 3-15-23)

A.

The public arts amenities required by this chapter shall be located in a public place.

B.

"Public place" means any area on public or private property which is easily accessible and clearly visible to the general public. If located on private property, the area must be open to the general public and clearly visible from adjacent public property such as a street or other public thoroughfare or sidewalk.

C.

When requested by the applicant for the certificate of occupancy, the community services commission may recommend a site on city owned property; subject to final approval by the city council.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 4, 3-15-23)

A.

Prior to final inspection of construction or reconstruction that triggers the requirements of this chapter, all public arts amenities required by this chapter shall be installed as recommended by the community services commission and approved by the city council.

B.

Prior to the issuance of a building permit that triggers the requirements of this chapter, the applicant shall make either the in lieu payment authorized by this chapter or the applicant shall deposit with the city cash, a letter of credit, or other security satisfactory to the director of building and safety, in an amount equal to the value of the fine art required by Section 17.19.020(A) of this chapter. The security shall guarantee installation of fine arts amenities as required by this chapter. If the fine arts amenities required by this chapter are not installed within three months after final inspection of the construction or reconstruction that triggers the requirements of this chapter, then the applicant shall forfeit the security posted with the city. The city shall be empowered to use the security to purchase and install alternate fine art in a public place within the city. In addition, the city may utilize any other means available to remedy a violation of this chapter.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 5, 3-15-23)

The holder of the certificate of occupancy of the structure for which public arts amenities subject to the provisions of this chapter is designated shall:

A.

Own such public arts amenities, and if the building is sold, shall transfer ownership of the amenities as an integral part of the sale of the building;

B.

Maintain such amenities at the on site location as approved by the city council unless a different on site location is authorized in writing by the city council; or reimburse the city for the cost of maintenance where the amenity is located on city property pursuant to Section 17.19.050(C);

C.

If a public arts amenity is not public art, at all times contract for the operation of such amenity in the interest for the public by a government entity or a nonprofit entity certified by the Internal Revenue Service as exempt from income tax pursuant to Section 501(c)(3) of the Internal Revenue Code; and

D.

Maintain in full force and effect, at all times, insurance coverage in the amount of the purchase price and would insure such public arts amenities against any loss or damage, including vandalism.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 6, 3-15-23)

All monies paid pursuant to Section 17.19.020(B) of this chapter in lieu of procurement and placement of public arts amenities shall be held in a separate fund of the city, and shall be used solely for the acquisition, installation, improvement, maintenance, and insurance of public arts amenities located in the city. Any public arts amenities purchased with such funds shall be the property of the city.

(Ord. 1046 § 2 (part), 2007)

Editor's note— Ord. No. 1229, § 7, adopted March, 15, 2023, amended the title of § 17.19.090 to read as herein set out. The former § 17.19.090 title pertained to appeal to council.

Community services commission recommendations will be submitted to the city council for final action.

(Ord. 1046 § 2 (part), 2007)

(Ord. No. 1229, § 7, 3-15-23)

The requirements of this chapter and the operation of the program created by this chapter shall be reviewed on a quarterly basis by the city council or city manager (or his/her designee) to ensure that the program is operating efficiently and in compliance with the purpose for which it was approved.

(Ord. 1046 § 2 (part), 2007)