AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 478 of 523
2. Visitor Assistance: Atendants will provide informa�on to park users, assist with direc�ons, and address inquiries about park rules, ac�vi�es, facili�es, and events.
3. Emergency Response: Park Atendants will be trained to respond effec�vely to medical emergencies, natural disasters, and other incidents that may arise within the parks.
4. Maintenance Support: P ark
Atendants will clean and stock restrooms, prepare rental spaces, report maintenance needs, vandalism, and other issues to appropriate City departments for prompt resolu�on.
City Responsibili�es:
1. City Ordinance: City will adopt and post park ordinances for Park Atendants to educate park users and the Indio Police Department to enforce.
2. Support: City will respond promptly to DRD request for law enforcement. Indio Police Department will provide supplemental training and resources for Park Atendants. City staff will als
o enforce/educate park users when in the parks.
3. Compensa�on: City will compensate the DRD on a �me and materials basis as outlined in Exhibit A
– Pricing Matrix atached. The budget will cover salaries and benefits for Park Atendants, training expenses, uniforms, equipment, educa�onal materials, custodial supplies, transporta�on, and community engagement events not already a part of the DRD program.
Evalua�on and Performance Metrics:
To measure the success of the partnership, the following performance metrics will be tracked:
1. Park User Sa�sfac�on: Conduct regular surveys to assess visitor sa�sfac�on with the park ranger services and their impact on the overall park experience.
2. Incident Reports: Track the number and types of incidents reported within the parks and evaluate the effec�veness of ranger interven�ons.
3. Community Engagement: Measure the atendance and par�cipa�on rates in recrea�onal programs, ac�vi�es, and events organized by the DRD.
Proposed Structure
The following personnel are required to meet the stated objec�ves of the park supervision program. 1 FT Supervising
Park Attendant
2 FT
Park Attendant I
PT – 1.63 FTE
Park Attendant I 2 FT
Park Attendant II
PT - .5 FTE
Park Attendant II
T
he ini�al schedule for the proposed posi�ons is included in Exhibit C atached.
AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 479 of 523 E XHIBIT A – PRICING MATRIX
Hourly Rates - Fully Burdened FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 FT Supervising Park Attendant $43.48 $44.78 $45.82 $47.20 $48.62 FT Park Attendant ll $37.11 $38.22 $39.37 $40.55 $41.77 FT Park Attendant l $35.72 $36.79 $37.89 $39.03 $40.20
PT Park Attendant II $26.28 $24.03 $24.63 $25.25 $25.89 PT Park Attendant I $25.13 $25.37 $26.01 $26.66 $27.33
Annual Hours/Position *FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 FT Supervising Park Attendant 1400 2080 2080 2080 2080
FT Park Attendant ll 2960 4160 4160 4160 4160
FT Park Attendant l 2960 4160 4160 4160 4160
PT Park Attendant II 506 760 760 760 760
PT Park Attendant I 2267 3400 3400 3400 3400
Total 10093 14560 14560 14560 14560
Annual Position Totals *FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 FT Supervising Park Attendant $60,872 $93,142 $95,306 $98,176 $101,130 FT Park Attendant ll $109,846 $158,995 $163,779 $168,688 $173,763 FT Park Attendant l $105,731 $153,046 $157,622 $162,365 $167,232 PT Park Attendant II $13,298 $18,263 $18,719 $19,190 $19,676 PT Park Attendant I $59,970 $86,258 $88,434 $90,644 $92,922 Total $346,716 $509,705 $523,860 $539,063 $554,723
Total Budget *FY2023-24 FY2024-25 FY2025-26 FY2026-27 FY2027-28 Personnel $ 346,716 $ 509,705 $ 523,860 $ 539,063 $ 554,723 Communications 1,673 2,585 2,663 2,743 2,825 Minor Equipment 2,000 3,090 3,183 3,278 3,377 Leased Vehicles 10,580 15,870 15,870 17,342 17,342
Fuel 5,750 8,884 9,150 9,425 9,708
Uniforms 2,048 2,108 2,172 2,237 2,304
Materials/Supplies 10,733 16,583 17,080 17,593 18,121 Total $ 379,501 $ 558,825 $ 573,978 $ 591,680 $ 608,919 *FY2023-24 has been prorated based on a November 1, 2023, mobilization date -November 15 in the parks. The total budget prior to prorating is $546,978.
AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 480 of 523 Exhibit B
CITY OF INDIO DIRECTORY AND AMENITIES
PARK NAME PARK ADDRESS PARK AMENITIES
Burr Park 42811 Burr Street
Indio, CA 92201
Basketball Courts
Playground Equipment
Cahuilla Park 83787 Hopi Avenue
Indio, CA 92203
Barbecue Areas
Basketball Courts
Playground Equipment
Shaded Area w/ Tables
So�ball Fields
Davis Field 83100 Date Street
Indio, CA 92201
Restrooms
Baseball Fields
So�ball Fields
Dominguez Park 81967 Crown Way
Indio, CA 92201
Barbecue Areas
Basketball Courts
Playground Equipment
Shaded Area w/ Tables
Walking Paths
Doug York Plaza 82985 Indio Boulevard
Indio, CA 92201
Benches
Gazebo
Dr. Carreon Park 82200 Dr. Carreon Boulevard
Indio, CA 92201
Restrooms
Barbecue Areas
Playground Equipment
Shaded Area w/ Tables
Hjorth Park 81253 Avenue 48
Indio, CA 92201
Barbecue Areas
Playground Equipment
Tables
Miles Avenue Park 82540 Miles Avenue
Indio, CA 92201
Barbecue Areas
Basketball Courts
Playground Equipment
Restrooms
Shaded Area w/ Tables
Dog Park (under construc�on)
Basketball Court (under construc�on)
8 Pickleball Courts (under construc�on)
Mulligan Dog Park 45355 Van Buren Street
Indio, CA 92201
Benches
Dog Run
Fenced Dog Areas
North Jackson Park 43200 Towne Street
Indio, CA 92201
Restrooms
Barbecue Areas
Basketball Courts
Playground Equipment
Shaded Area w/ Tables
So�ball Fields
Tennis Courts
Walking Paths
AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 481 of 523 Exhibit B
CITY OF INDIO DIRECTORY AND AMENITIES
Paton Park 83700 Avenue 43
Indio, CA 92203
Barbecue Areas
Basketball Courts
Pickleball Courts
Playground Equipment
Restrooms
Shaded Area w/ Tables
Shields Park 80500 Avenue 46
Indio, CA 92201
Benches
Walking Paths
Water Fountain
South Jackson Park 46480 Jackson Street
Indio, CA 92201
Barbecue Areas
Playground Equipment
Restrooms
Shaded Area w/ Tables
Tennis Courts
South Jackson Soccer Park 83318 Date Street
Indio, CA 92201
Soccer Fields
Exercise Equipment (under construction)
Sta�on 87 Dog Park 42900 1/2 Golf Center Parkway
Indio, CA 92203
Benches
Dog Run
Fenced Dog Areas
Yucca Park 43605 Yucca Street
Indio, CA 92201
Barbecue Areas
Playground Equipment
Shaded Area w/ Tables
AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 482 of 523 Indio Park Supervision Program
Initial Coverage
Exhibit C
NAME FRIDAY SATURDAY SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY TOTAL Supervising Park Attendant 6:00-2:30 6:00-2:30 6:00-2:30 6:00-2:30 6:00-2:30 8 8 8 8 8 40
FT Park Attendant II 6:00-2:30 6:00-2:30 6:00-2:30 6:00-2:30 6:00-2:30 8 8 8 8 8 40
FT Park Attendant II 2:30-11:00 2:30-11:00 2:30-11:00 6:00-2:30 6:00-2:30 8 8 8 8 8 40
FT Park Attendant I 6:00-2:30 6:00-2:30 6:00-2:30 2:30-11:00 2:30-11:00 8 8 8 8 8 40
FT Park Attendant I 2:30-11:00 2:30-11:00 2:30-11:00 2:30-11:00 2:30-11:00 8 8 8 8 8 40
PT Park Attendant II 2:30-11:00 2:30-11:00
8 8 16
PT Park Attendant I 10:00-6:30 2:30-11:00 2:30-11:00
8 8 8 24
PT Park Attendant I 6:00-2:30 6:00-2:30 6:00-2:30
8 8 8 24
PT Park Attendant I 10:00-6:30 6:00-2:30
8 8 16
Weekly Total 280
Annual Total 14,560
FOR SPECIAL EVENT PURPOSE
FLOATER AM 1
0 FLOATER PM 2
0 Notes: Initial schedule provides for double coverage as the program gets off the ground. As the park users become accustomed the rules and the DRD team feels safe the coverage will be reduced.
AGENDA ITEM #11.1
Approve the Amended and Restated Agreement (No. 1) with Desert Recreatio... Page 483 of 523 City of Indio
City Council
October 4, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Kevin H. Snyder, Dir. Of Community Development Subject: Ordinance No. 1798: One (1) -Year Extension Request by California REO Acquisition Partners IV, LP of the Administrative Design Review Approval (ADR-16-10-405) for Regency Palms Indio
RECOMMENDATION:
Approve a one (1) year extension of the administrative design review (ADR -16-10-405) for Regency Palms Indio
SUMMARY:
California REO Acquisition Partners IV, LP is requesting City Council authorization for a one (1)- year extension of its previous administrative design review approval for Regency Palms Indio. Council authorization is required as a result of the City Counc il's prior adoption of Ordinance No. 1757 that extended the expiration of conditional use permit and design review approvals for qualifying projects
BACKGROUND INFORMATION:
On January 11, 2017, the Development Services Director for the City of Indio gra nted conditional administrative design review approval for Regency Palms Indio. Regency Palms Indio was approved as a 94 -unit assisted living and 39 -unit dementia care facility with associated accessory uses on approximately 6.01 acres site identified as on Assessor’s Parcel Number 616-200-038, 616-200-039, 616-200-040 and 616 -200-038-140. The total building square footage was comprised of 135,166 square feet in one (1) building with the building heights varying from 18 to 40 feet. On -site building and site features included dining, private lounge, clinic, childcare, salon, fitness center, library and computer room and outdoor recreational amenities. A total of 133 on-site surface parking spaces were proposed to be built to serve the development.
Following this approval, the Development Services Director granted a one (1) year extension of the administrative design review approval on December 26, 2018. The Indio Planning Commission granted an additional one (1) year extension of the administrative design r eview approval on December 11, 2019.
On November 4, 2020, the Indio City Council passed Ordinance No. 1757 extending the expiration date of conditional use permits and design review approvals to December 31, 2023 for qualifying projects. The City Council passed this Ordinance in response to the then significant impacts resulting from the COVID-19 pandemic to the funding and construction of new development projects in the City of Indio.
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 484 of 523 The Community Development Director has conferred with the City Att orney regarding extension requests for projects under the authority of Ordinance No. 1757. The City Attorney has advised that the City Council must take ordinance action to approve extension requests beyond the period specified in this Ordinance.
On August 25, 2023, a representative for California REO Acquisition Partners IV, LP submitted a written request for a one (1) -year extension of the previously extended administrative design review approvals. Please note that while the request letter is dated May 2 6 2023, staff only received it on August 25, 2023 via email.
ATTACHMENTS:
Attachment1_OrdinanceNo1798_RegencyPalmsADR1YearExtension Attachment2_Indio - Entitlement Extension Request - 5-26-23 Attachment3_OrdinanceNo1757
Attachment 4 - ProjectLocationMap
APPROVAL(S):
Kevin H. Snyder, Dir. Of Community Development Approved - 26 Sep 2023 Steven Graham, City Attorney Approved - 27 Sep 2023
Alan Garcia, Accountant Approved - 27 Sep 2023
Bryan H. Montgomery, City Manager Approved - 27 Sep 2023
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 485 of 523 1 ORDINANCE NO. 1798
AN ORDINANCE OF THE CITY OF INDIO EXTENDING THE EXPIRATION DATE OF ADMINISTRATIVE DESIGN REVIEW (ADR- 16-10-405) FOR REGENCY PALMS INDIO FROM DECEMBER 31, 2023 TO DECEMBER 31, 2024
WHEREAS, on January 11, 2017, the Development Services Director for the Cit of Indio granted conditional administrative design review approval (ADR- 16-10- 405)l for Regency Palms Indio on Assessor’s Parcel Number 616-200-038 and 616-200- 038-140 comprised of a 94- unit assisted living and 39- unit dementia care facility with associated accessory uses on approximately 6.01 acres site inclusive of a 135,166 square feet building with varying building heights ranging from 18 to 40 feet and on-site dining, private lounge, clinic, childcare, salon, fitness center, library and computer room and outdoor recreational amenities and 133 on-site surface parking spaces; and,
WHEREAS, the Development Services Director granted a one (1) year extension of the aforementioned administrative design review approval on December 26, 2018; and
WHEREAS, t he Indio Planning Commission granted an additional one (1) year extension of the aforementioned administrative design review approval on December 11, 2019; and,
WHEREAS, on August 20, 2020, the City of Indio initiated an uncodified ordinance that would extend the expiration date of certain land use entitlements specifically conditional use permits and design review entitlements up and through December 31, 2023, as long as the entitlement has not expired 30 days from the date of final passage of the uncodified ordinance; and,
WHEREAS, on September 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider its recommendation to the City Council on this uncodified ordinance and after receiving public comments, closed the public hearing, and approved Resolution No. 1963, recommending that the City Council adopt this uncodified ordinance; and,
WHEREAS, on October 21, 2020, the City Council conducted a duly noticed public hearing to consider adoption of this uncodified ordinance; and,
WHEREAS, Ordinance No. 1757 comprising the aforementioned uncodified ordinance became effective on November 4, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. The City Council finds and determines as follows:
A. The extension request is consistent with the City of Indio General Plan
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 486 of 523 2 2040 (and/or General Plan 2020 as said request will support the City’s economic development by providing additional time for development planning for the subject site that was impacted by external market forces resulting from the COVID -19 pandemic.
Therefore, the City Council finds that the one (1)-year extension request is consistent with the goals, objectives, and policies of the General Plan 2040.
B. The proposed uncodified ordinance is consistent with the objectives of Chapter 6 (Administration + Procedures) of the City of Indio Unifie d Development Code effective October 22, 2022 as it extends the expiration of the land use entitlement previously issued in conformance with the City's Zoning Ordinance. Therefore, the City Council finds that the proposed uncodified ordinance is in consistent with the objectives of the City of Indio Unified Development Code and the purpose of the district in which the site is located.
Section 3. The current extension request was previously covered under the provisions of Ordinance No. 1757 as the consideration of the second extension request was approved by the Indio Planning Commission on December 11, 2019 that was approximately twelve (12) months in advance of the City Council approval of Ordinance No. 1747 meeting the requirement that the project approval had not expired as of 30
days from the date of the final passage of Ordinance No. 1757 and the subject site has been maintained in accordance with Chapters 95A and 950 of the Indio Municipal Code and all fees applicable to the site's development have been paid.
Section 4. The environmental impacts of this uncodified ordinance were analyzed pursuant to the California Environmental Quality Act ( "CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et. seq.). The City Council finds that adoption of this extension request is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines because this action will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of a previously approved land use entitlement that was previously analyzed in conformance with CEQA. As such, the proposed ordinance is subject to the general rule exemption that states where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that activity is not subject to CEQA.
Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance. The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 487 of 523 3 PASSED, APPROVED, and ADOPTED this 4th day of October 2023.
___________________________
OSCAR ORTIZ, MAYOR
ATTEST:
__________________________
SABDI SANCHEZ
CITY CLERK ADMINISTRATOR
APPROVED AS TO FORM:
__________________________
STEVEN P. GRAHAM
CITY ATTORNEY
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 488 of 523 CaliforniaREOAcquisitionPartnersIV ,LP190%MainStreet,Smite315,.:l‘.:“v’11“t€,CA926111F:9é9—Z22—9i19F:949-233-4565May26,2023CityoflndioCityCouncil100CivicCenterMallindio,CA92201Re:ADR16-10-405-AdministrativeDesignReviewRegencyPalmsIndia-APNs:616-200-038and040RequestforExtensionofADR16-10-405Expiring12/31/23NewExpirationDateRequested:12/31/24DearlndioCityCouncilmembers,CaliforniaREOAcquisitionPartnerslV ,LP(the”Owner”)expressessinceregratitudetotheCityforgrantinganextensionofADR16-10-405untilDecember31,2023,aswellasacknowledgingthepreviousextensionsthathavebeenapproved.Throughouttheyears,thisprojecthasfacednumerouschallengesandobstacles.Originally,theentitlementfortheSelectCareCenterwasgrantedin2015underdifferentownership.InDecember2015,thepropertywaspurchasedbythecurrentownerwhosoughtadvicefromaNationalAssistedLiving/MemoryCareOperator.Uponreviewingtheplansandapprovals,theOperatorrecommendedcertainprogramchanges.Consequently,theownerengagedconsultantsandengineerstomodifytheplans,whichweresubsequentlysubmittedtotheCityforPlanCheck.However,theProjectexperiencedsignificantdelaysduetotheCOVlD-19pandemicandthesubsequenthealthemergenciesandordersissued.Overaperiodofapproximately18months,.theprojectcametoastandstill.ThedevastatingimpactofCOVlD-19onAssistedLivingandMemoryCareFacilitiesinCalifornia,resultedinahighnumberofresidentdeaths,andhadaprofoundeffectontheSeniorCareindustryacrosstheStateandtheNation.TheOwner'saffiliateswitnessedfirsthandthedetrimentalconsequencesofthePandemicwithintheirownOperatingAssistedLivingandMemoryCareFacilities,leadingtodecreasedoccupancyrates.Asaresultofthesecircumstances,thedemandforAssistedLivingandMemoryCareFacilitieschanged,asdidthefeasibilityofsecuringfinancingforsuchprojects.Familiesbecamereluctanttoplacetheirlovedonesinthesefacilities,andlenderswereapprehensiveaboutprovidingfinancialsupport.TheOwnerisnowactivelyseekinganalternativeapproachtomoveforward
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 489 of 523 withtheProject,recognizingthatproceedingsolelyasanAssistedLivingandMemoryCareFacilityisnolongerviable.TheOwnerhasbeencollaboratingwiththeirarchitectandpotentialjointventurepartnerstoexploreoptionsthatwouldbesuitableforthissite.Theyhaveinvestigatedthefeasibilityofaffordableapartmentunits,market-rateunits,andsing|e—fami|yhomes.Extensiveeffortshavebeenmadebytheownertoengageover100affordablehousingdevelopersforpotentialjointventures.MeetingshavetakenplacewithJamboreeHousingandTheRelatedCompany.Unfortunately,duringthisprocess,theOwnerwasinformedthattheywouldneedtorestarttheplanningphase,whichisnotfeasible.Multiplerevisionshavealreadybeenmadetotheplanstoalignwithmarketchanges.However,theownerbelievestheyaremakingprogressinfindingaviablesolutionforthesite,whetheritinvolvesjointventuringtodevelopmarket-rateapartmentsorconstructingtheassistedliving/memorycarefacility,whichhasalreadyincurredcostsexceeding$1millionindevelopment.Furthermore,theownerrequiresadditionaltimetosecurefinancingandadvancetheproject,particularlyconsideringtherisingconstructioncosts,highinterestrates,andinflationarypressures. '
Therefore,thedeveloperrespectfullyrequestsaone-yearextensionoftimefortheapprovalofADR16-10-405.ThecurrentapprovalissettoexpireonDecember31,2023,andthedeveloperkindlyasksforittobeextendedtoDecember31,2024.Wegenuinelyappreciateyourunderstanding,patience,andconsideration.Ifyouhaveanyquestionsorneedadditionalinformation,pleasedonothesitatetocontactmeat949-732-0641ornhanna@newrate|[email protected],L/l/mm»am/muNinaHannPresidentofUrbanPlanningConsultants,Inc.GeneralPartnerofCaliforniaREOAcquisitionPartnersIV ,LP(Owner)
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 490 of 523 ORDINANCE NO. 1757
AN UNCODIFIED ORDINANCE OF THE CITY OF INDIO EXTENDING THE
EXPIRATION DATE OF CONDITIONAL USE PERMITS AND DESIGN REVIEW APPROVALS TO DECEMBER 31, 2023 FOR ENTITLEMENTS NOT EXPIRED 30
DAYS FROM THE DATE OF FINAL PASSAGE OF THIS UNCODIFIED ORDINANCE WHEREAS, on August 20, 2020, the City of Indio initiated an uncodified ordinance that would extend the expiration date of certain land use entitlements specifically conditional use permits and design review entitlements up and through December 31, 2023, as long as the entitlement has not expired 30 days from the date of final passage of the uncodified ordinance; and,
WHEREAS, on September 9, 2020, the Planning Commission conducted a duly noticed public hearing to consider its recommendation to the City Council on this uncodified ordinance and after receiving public comments, closed the public hearing, and approved Resolution No. 1963, recommending that the City Council adopt this uncodified ordinance; and,
WHEREAS, on October 21, 2020, the City Council conducted a duly noticed public hearing to consider adoption of this uncodified ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF INDIO DOES ORDAIN AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. The City Council finds and determines as follows:
A. The proposed uncodified ordinance is consistent with the City of Indio General Plan 2040 ( and/ or General Plan 2020 as some of subject entitlements were approved under the General Plan 2020) as the ordinance is a tool for economic development within the City by providing additional time for development during the unusual circumstances brought about by COVID- 19. Therefore, the City Council finds that the proposed uncodified ordinance is consistent with the goals, objectives, and policies of the General Plan 2040 ( and/ or General Plan 2020).
B. The proposed uncodified ordinance is consistent with the objectives of Chapter 15 of the Indio Code of Ordinances ( Zoning Ordinance) as it extends the expiration of permits issued in conformance with the City' s Zoning Ordinance. Therefore, the City Council finds that the proposed uncodified ordinance is in consistent with the objectives of Title XV ( Land Usage) of the Indio Municipal Code and the purpose of the district in which the site is located.
Section 3. Notwithstanding Indio Municipal Code Section 159. 730 and 159.760, the expiration date of approved conditional use permits and design review approvals that
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 491 of 523 have not expired as of 30 days from the date of the final passage of Ordinance No. 1757 shall be extended to December 31, 2023, provided that the site that is subject of the conditional use permit or design review is maintained in accordance with Chapters 95A and 95D of the Indio Municipal Code and that all fees applicable to the site' s development have been paid. Compliance with this ordinance shall be subject to review by the Community Development Director or his/ her designee. ~
Section 4. The environmental impacts of this uncodified ordinance were analyzed pursuant to the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines ( California Code of Regulations, Title 14, Sections 15000 et. seq.). The City Council finds that adoption of this uncodified ordinance is exempt from CEQA pursuant to Section 15061( b)( 3) of the State CEQA Guidelines because these actions will not have the potential for causing a significant effect on the environment as the ordinance only extends the expiration of permits that were previously issued in conformance with CEQA. As such, the proposed ordinance is subject to the general rule exemption that states where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment that activity is not subject to CEQA.
Section 5. Severability. If any section, subsection, sentence, clause, or phrase of this uncodified ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this uncodified ordinance. The City Council hereby declares that it would have passed this uncodified ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 6. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published or posted in the manner prescribed by law.
PASSED, APPROVED, and ADOPTED this 4th day of November 2020.
V& -
l- /' U.6--
ENN MILLER, MAYOR
ATTEST:
4 CYNTHIA HERNA EZ, CMC
CITY CLERK
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 492 of 523
CERTIFICATION
I, Sabdi Sanchez, City Clerk Administrator of the City of Indio, California, hereby certify that Ordinance No. 1757 was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the 4th day of November 2020 by the following vote, to wit:
Ayes: Ramos Amith, Ortiz, Fermon, Holmes and Miller
Noes: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Indio, California, this 4th day of November 2020.
S9,
S SANCHEZ, CMC
City Clerk Administrator
City of Indio
111
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac... Page 493 of 523 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Location Map for Ordinance No. 1798
Notes
REPORT PRINTED ON... 9/29/2023 8:52:56 AM
One (1) Year Extension Request for Regency Palms Indio
0 376188 Feet
Parcel APNs
Parcels
Blueline Streams
City Areas
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac...Page 494 of 523
AGENDA ITEM #11.2
Ordinance No. 1798 : One (1)-Year Extension Request by California REO Ac...Page 495 of 523 City of Indio
City Council
October 4, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: New Location for Desert Tortoise Sculpture Project: Approve Jackson Park as the proposed second new location to install the Desert Tortoise Sculpture that was approved and commissioned to artist Peter Hazel by the City Council, on March 1, 2023.
RECOMMENDATION:
Approve Jackson Park as the proposed second new location to install the Desert Tortoise Sculpture that was approved and commissioned to artist Peter Hazel by the City Council, on March 1, 2023.
SUMMARY:
On August 11, 2022, the Public Arts Program of the City of Indio released a Request For Proposal (RFP) seeking artists’ proposals for a sculpture to be viewed and enjoyed by the residents and visitors to the City, in accordance with the approved Public Arts Work Plan by the City Council. The deadline for the RFP was September 26, 2022, and the City received ten (10) proposals. On March 1, 2023, the City Council approved the proposed sculpture by the artist Peter Hazel, entitled “Desert Tortoise”, to be located within Indio Sports Park, which is a regional park to be constructed. Recently, the City Council has conveyed to staff that there may be a better location for this sculpture and consequently wishes to explore other options. On September 12, 2023, the Public Arts Commission considered five (5) locations and made a recommendation to the City Council to place the Desert Tortoise Sculpture within Jackson Park. Therefore, staff is requesting that the City Council approve this new location for the artwork.
BACKGROUND INFORMATION:
Peter Hazel and his proposed sculpture, titled Desert Tortoise, and subsequently, on March 1, 2023, the City Council approved the sculpture to be located within Indio Sports Park, which is a regional park to be constructed. Recentl y, the City Council has expressed interest in installing this artwork in a new location. The artwork is 8’x 20’x 8’.
It should be noted that the contract between the City and the artist has been executed, the first payment has been paid, the custom tile s have been fabricated (each is handmade and glazed), the project’s engineer has finished the drawings, and the artist is building the sculpture’s frame.
It should be noted that upon final determination of the relocation by the City Council, staff will provide an official notice of such relocation to the Artist as provided in Section 31 of the Agreement between the City and the Artist, Peter Hazel.
AGENDA ITEM #11.3
New Location for Desert Tortoise Sculpture Project: Approve Jackson Park... Page 496 of 523 To avoid any additional delay in the project, staff is requesting that the City Council approve Jackson Park as the proposed second new location to install the Desert Tortoise Sculpture that was approved and commissioned to artist Peter Hazel by the City Council, on March 1, 2023.
FINANCIAL SUMMARY:
Current FY Financial
Impact:
NA In current year budget: Yes
Current FY General
Fund Impact:
Yes Budget adjustment: No
Next FY Financial
Impact:
None Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
ALTERNATIVES:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment A - Location
APPROVAL(S):
Scott Trujillo, Deputy City Manager Approved - 26 Sep 2023 Jillian Martins, Assistant City Attorney Approved - 26 Sep 2023 Bryan H. Montgomery, City Manager Approved - 27 Sep 2023
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Location
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City Council
October 4, 2023
STAFF REPORT
To: City Council
From: Bryan H. Montgomery, City Manager
Prepared by: Leila Namvar, Public Arts Analyst
Subject: Indio Public Arts Work Plan FY 23 -24: Review and approve the Indio Public Arts Plan FY Work 23 -recommended a appropriate and budget. 24
RECOMMENDATION:
Review and approve the Indio Public Arts Work Plan FY 23-24 and appropriate the requested budget for each project
SUMMARY:
On September 12, 2023, the City of Indio’s Public Arts Commission reviewed the Indio Public Arts Work Plan FY 23 -24 (“the Plan”) and recommended approval to the City Council. The Plan is a tool to advance public arts in the City and to support artists. The Plan is a blueprint for the City and staff to implement the Arts In Public Places Program within the City. Therefore, staff requests that the City Council review, revise, discuss, and finally approve the Plan and appropriate the requested budget for each project.
BACKGROUND INFORMATION:
The City of Indio Public Arts Work Plan FY 23/24 (“the Plan”) outlines carry -over (ongoing projects) from the previous year(s) and new projects for the two consecutive fiscal years. The projects will be completed based on priorities and availability of funds (Attachment A). The Plan proposes an overall budget, brief description, proposed location, recommended type of artist selection process, and anticipated completion date. The Plan focuses on clear visionary directions and decision -making processes for the Program.
A summary of the project and its budget is provided below:
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The Plan includes ten (10) new projects for a total of $720,000. It should be noted that the Art In Public Places Fund has been created to colle ct fees from developers in lieu of providing public artworks within their development. The collected fee can only be used for public art, pursuant to the City’s Art In Public Places Program/Ordinance No. 1455 (Attachment B).
Any budgetary changes to th e plan will be recommended by the Public Arts Commission to the City Manager and/or the City Council for review and approval. Changes to the project theme may be recommended by the Public Arts Commission and approved by the Public Arts Commission at the time of developing a Request For Proposal (FRP) for each project.
The City of Indio Public Arts Work Plan - FY23/24 is attached to this report as Attachment A. Staff request that the City Council review and approve the Indio Public Arts Work Plan FY 23 -24 and appropriate the requested budget for each project
FINANCIAL SUMMARY:
Current FY Financial
Impact:
$720,000 In current year budget: Yes
Current FY General
Fund Impact:
Yes Budget adjustment: No
Next FY Financial
Impact:
Depend on the timeline it may
impact Strategic Objective: Community
Beautification
Source of funds: Public Arts Fund Fund-Org-Object
Reference:
203521064
Additional Financial Details:
1. Continue the request pending submission of additional information.
2. Refer the item back to the Public Arts Commission.
ATTACHMENTS:
Attachment A - Draft Work Plan FY23-24
Attachment B - Ordinance No. 1455
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Leila Namvar
City of Indio Public Arts
Draft Public Arts Work Plan-FY 23/24
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Draft - Public Arts Work Plan FY 23/24
SUMMARY:
The Public Arts Work Plan FY 23/24 (“the Plan”) outlines carry-over (ongoing projects) from the previous year(s) and new projects for the upcoming fiscal year. The Plan will be executed based on priorities and availability of funds. The Plan proposes an overall budget, brief description, proposed location, recommended type of artist selection process, and anticipated completion date. This Plan is a two-year plan.
BACKGROUND:
The City of Indio recognizes the valuable role that public art plays in enhancing the quality of life in the community. Public arts have the power to transform a space into an active environment to inspire community engagement and celebrate the unique character of Indio. Public art projects are a great tool to build stronger connections between people in the community that could result in community-gathering places.
The Plan outlines carry -over (ongoing projects) from the previous year(s) and new projects for two consecutive fiscal years. The projects will be completed based on priorities and availability of f unds. The Plan proposes an overall budget, brief description, proposed location, recommended type of artist selection process, and anticipated completion date. The Plan focuses on clear visionary directions and decision-making processes for the Program.
Any budgetary changes to the plan will be recommended by the Public Arts Commission to the City Manager and/or the City Council for review and approval. Changes to the project theme and or consent can be recommended and approved by the Public Arts Commission at the time of developing a Request For Proposal (FRP) for each project.
ENVIRONMENTAL CONSIDERATIONS:
Under the California Environmental Quality Act (CEQA), continuing administrative activities, such as what is recommended in the Plan do not constitute a “project.” [CEQA Guidelines section 15378(b)(2)]
COMMUNITY ENGAGEMENT:
Community engagement is a key element in the Plan regarding engaging the community/audiences and fostering participation in the arts. Therefore, when appropriate, the public art projects will include a plan for community engagement with clear goals to consider the principles of What’s Next in Indio.
PUBLIC ARTS WORK PLAN:
Ongoing and Carry Over Projects
The Public Arts Commission acknowledges the following current projects that will be carried over from the past year:
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Project Budget Timeline
9/11 Memorial Project $125,000 (earmarked but not
appropriated)
To be completed
within 24 months
Desert Tortoise $125,000 TBD due to location
change
Deise Memorial Mural $85,000 January 2024
Indio Mural # 13
(Jackson Bridge)
$65,000 December 2023
Indio Mural # 14 $30,000 Pending
Indio Mural # 15 $40,000 December 2023
New projects
The City of Indio Public Arts Commission identifies the following new projects. It should be noted that the projects would be executed based on the availability of f unds and priority. The Plan has been reviewed and vetted by the City’s Public Arts Commission, Community Services Commotion, City Manager’s Office, and other City Departments such as the Public Works Department, Building Division, and Fire Department.
1. Monroe Bridge Beautification (Indio Mural # 17 /Sculpture/ Artistic Woven Artwork):
This project includes four (4) components that are explained below:
Components # 1: The slopes do not include any vegetarians ; therefore, erosions and fugitive dust are concerns. Installing desert tune rocks, similar to the Jefferson/I-10 Bridge will help with erosion and dust and will create an aesthetically pleasing view that relatively requires no maintenance.
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Component 2: To paint a mural on all pillars of the bridge to enhance an uninviting area with art/mural and to introduce and point the travelers to the Downtown and/or Highway 111 areas of the City.
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Component 3: The top of the bridge includes protective chain-link fencing the short walls that could be painted and its surface could use artwork similar to the following images made of light plastic ribbons.
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I. Theme: Symbolizing diversity and unity.
II. Budget: Mural $40,000; Chain-link woven Artwork $10,000.
III. Artist Selection Method: Circulation of a Request For Proposals (RFP).
IV. Location: Monroe Bridge
V. Anticipated Timeline: eight (8) months.
2. Golf Center Bridge Mural (Indio Mural # 18):
To paint a mural on the walls and create artwork on the chain-link railing of the bridge.
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I. Theme: Industry, Innovation, and Progress.
II. Budget: Overall expected budget is $20,000 which includes the mural and artwork on the chain-link railing of the bridge.
III. Artist Selection Method: Circulation of a Request For Proposals (RFP).
IV. Location: Golf Center Bridge (over the railroad).
V. Anticipated Timeline: three (3) months.
3. Sunshade:
To install or weave metal or plastic pieces in on the arch of the bridge to provide shade for pedestrians that use the bridge.
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I. Theme: Shade and Breeze
II. Budget: $25,000.
III. Artist Selection Method: Circulation of a Request For Proposals (RFP).
IV. Location: Avenue 46 small pedestrian bridge over CVWD water channel.
V. Anticipated Timeline: five (5) months.
4. Traffic Signal Beautification Program:
To wrap traffic signal boxes within the high visibility area for beautification and to discourage graffiti.
I. Budget: $30,000 (artist payment, print, and installation by a sign company).
II. Artist Selection Method: Circulation of a Request For Proposals (RFP).
III. Location: HWY 111, Ave 48, Oasis St, Calle Conejo, Hjorth St, Westward Ho, Fred Waring St, Monroe St.
IV. Anticipate Timeline: Nine (9) months.
5. Oasis Median Project:
To install five (5) sculptures within the median.
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I. Budget: $150,000 (for five sculptures).
II. Artist Selection Method: Circulation of a Request For Proposals (RFP).
III. Location: Oasis Street Median.
IV. Anticipated Timeline: Eight (8) months.
6. Sculptural Light - New City Hall:
To install public arts within the New City Hall campus with light being a major component of it to encourage nightlife within the City’s Downtown area. This series of projects will have the capability to change color.
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i. Theme: Light and Community
ii. Budget: $250,000 (for two projects)
iii. Artist Selection Method: Circulation of a Request for Proposals (RFP) iv. Location: New City Hall Campus
v. Anticipated Timeline: 24 months
7. Avenue 45 Mural Project (Indio Mural # 19):
To paint a mural on the north -facing wall of a building located at 44925 Jackson Street to enhance the walls and reduce the potential of graffiti on the wall.
I. Theme: Open
II. Budget: $40,000
III. Artist Selection Method: Circulation of a Request for Proposals (RFP).
IV. Location: Southwest of Jackson Street and Avenue 45 V. Anticipated Timeline: six (6) months
8. John Noble Mural Project (Indio Mural # 20):
To paint a mural on the wall that faces Monroe Street from John Nobles Avenue to the edge of the vacant property that used to be the John Nobles Ranch, to enhance the wall and reduce the potential of graffiti on the wall.
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I. Theme: The theme will be selected based on a community outreach II. Budget: $65,000
III. Artist Selection Method: Circulation of a Request for Proposals (RFP) IV. Location: John Nobles Avenue and Monroe Street
V. Anticipated Timeline: nine (9) months
9. Quick Mural Project:
To provide a wall space of 6’x6’ and appropriate paint and supplies to the public of all ages and backgrounds to paint the space and have fun. The wall space would be the north- facing wall of the Coachella Valley Art Center, owned by the City, located at 45140 Towne Street.
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I. Theme: Open
II. Budget: $5,000 per year
III. Artist Selection Method: NA
IV. Location: John Nobles Avenue and Monroe Street
V. Anticipated Timeline: Continue the project for two (2) years
10. Ground Mural:
To install a ground mural on a City-owned vacant property.
I. Theme: Open
II. Budget: $85,000
III. Artist Selection Method: Direct Request For Proposals (RFP) to the Artist IV. Location: TBD
V. Anticipated Timeline: February 2024
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TOTAL ANTICIPATED BUDGET:
The overall expected budget for this Work Plan is $ 720,000 It should be noted that the projects from the below list would be executed based on the availability of funds and Priority. Any budgetary changes to the plan will require the Public Arts Commission’s review and the City Council’s approval.
Budgetary changes to the plan will be recommended by the Public Arts Commission to the City Manager and/or to the City Council for review and approval. Changes to the project theme and or consent can be recommended and approved by the Public Arts Commission at the time of developing a Request For Proposal (FRP) for each project.
QUESTIONS
Questions related to the Plan and City’s Public Arts Programs shall be directed to Leila Namvar, Public Arts Analyst, at [email protected]
.
# Project Name Budget
1 Monroe Bridge Beautification (Indio Mural # 17 /Sculpture/ Artistic Woven Artwork)
$50,000
2 Golf Center Bridge Mural (Indio Mural # 18) $20,000
3 Sunshade $25,000
4 Traffic Signal Beautification Project $30,000
5 Oasis Street Median Project $150,000
6 New City Hall Project $250,000
7 Avenue 45 Mural Project (Indio Mural 19) $40,000
8 John Nobles Mural Project (Indio Mural # 20) $65,000
9 Quick Mural Project (yearly) $5,000
10 Ground Mural $85,000
Total Budget $720,000
AGENDA ITEM #11.4
Indio Public Arts Work Plan FY 23-24: Review and approve the Indio Publi... Page 517 of 523 ORDINANCE NO. 1455
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF INDIO, CALIFORNIA, ADOPTING ZONING TEXT AMENDMENT 05- 10- 12, ESTABLISHING A PROGRAM
FOR ART IN PUBLIC PLACES AND AMENDING THE INDIO MUNICIPAL CODE TITLE XV, CHAPTER 159, ADDING SECTIONS 159. 840 THROUGH 159. 843 The City Council of the City of Indio, California, does hereby ordain as follows:
SECTION 1. Sections 159. 840 through 159. 843 are hereby added to the Indio City Code to read as follows:
ART IN PUBLIC PLACES PROGRAM
159. 840 PURPOSE.
The City Council finds and declares:
A) This chapter may be known and cited as the Indio Art in Public Places Program.
The City of Indio has developed a nationwide reputation through the annual International Tamale Festival, mural program, and other artistic events, that attract thousands of visitors every year to the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependentupon and enhanced by visually pleasing and high quality public art.
B) The stated goal of the Cultural Resources Element of the general plan is to provide enrichment of the community by adequate cultural and recreational facilities and activities. To implement this goal, the general plan further states that the cultural resources of a city encompass those facilities and programs which refresh, enhance or recreate people's bodies and spirits. Community parks, recreational activities, historic resources, library facilities and art festivals are included in this classification. The art in public places program is intended to achieve this purpose by providing visual art throughout the city.
C) Residential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement.
D) Establishment of the Art in Public Places Program will promote the general welfare through balancing the community' s physical growth with revitalization and its cultural and artistic resources.
1
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The Art in Public Places Program is hereby established, which shall be applicable to public, residential, commercial and industrial development pursuant to guidelines adopted by resolution of the City Council. Each development subject to the Program shall allocate a percentage of the costs of the development towards the placement of artwork within the development or elsewhere in the City, as provided for in the Program guidelines, provided that a developer may pay a fee in lieu thereof. The allocation percentage is established in Section 159. 843 and the Program guidelines.
159. 842 ART IN PUBLIC PLACES FUND.
A) There is hereby created a fund to be known as the " Art Fund" to account for fees paid pursuant to Section 159. 843 and the Program guidelines. This fund shall be maintained by the City Treasurer and shall be used solely:
1) For the design acquisition, commission, installation, improvement, maintenance and insurance of an artwork, including the development of a design concept and the preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of the artwork;
2) For the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequentlyapprovedby the City; 3) During a fiscal year, for maintenance of and utility charges related to artwork purchasedpursuant to Subsection ( A) ( 1) above; or
4) For costs associated with administering the Art in Public Places Program, in an amount not to exceed five percent ( 5%) of the Program Allocation as set forth in S 159. 843; however, in the event the City Council determines that a special circumstance exists, the City Council may set a higher amount by a four- fifths vote.
B) If real property purchased with monies from the Art Fund is subsequently sold, the proceedsfrom the sale shall be returned to the Art Fund. 159. 843 PROGRAM ALLOCATION.
A) The " PROGRAM ALLOCATION" is the percentage of the construction costs set aside for the Art in Public Places Program. All individual residential construction, rehabilitation or expansion with a building permit valuation of $ 100, 000 or more will be assessed an amount equal to one quarter of one percent ( 1/4%) for that portion of the permit valuation in excess of one hundred thousand dollars.
All other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor will be assessed an amount 2
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All public, industrial or commercial development will be assessed and amount equal to one half of one percent ( 1/2%) of the total building valuation, excluding land acquisition and off- site improvement costs.
The total building valuation shall consist of the dollar amount of all construction permits using the latest Building Valuation Data, as set forth by the International Conference of Building Officials ( lCBO), unless, in the opinion of the Building Official, a different valuation methodology is more appropriate for a particular project.
B) In lieu of placement or donation to the City of an approved artwork, the applicant may pay to the Art Fund an amount equal to the Program Allocation set forth in Subsection ( A) above. In lieu fees are due prior to the issuance of a building permit.
C) Nothing in this Section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the Program Allocation, provided that the applicant shall also pay to the Art Fund an amount equal to the difference between the Program Allocation and the costs of acquisition and installation of such artwork.
SECTION 2. Effective Date: This ordinance shall be effective 30 days after the date of its adoption and shall be published in The Desert Sun by the City Clerk as required by law.
PASSED, APPROVED AND ADOPTED this 1st day of February, 2006, by the following vote:
AYES: Fesmire, Godfrey, Ramos Watson, Wilson, Gilbert
NOES: None
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GENE GILBERT, MAYOR
ATTEST:
3
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PUBLIC ARTS COMMISSION
§ 32.11 PUBLIC ARTS COMMISSION; ESTABLISHMENT AND DUTIES.
The Public Arts Commission shall:
(A) Establishment. There is hereby established the Public Arts Commission. (B) Jurisdiction. The Public Arts Commission shall perform the following functions:
(1) Solicit artist proposals, select and recommend purchases of public art to the City Council.
(2) Review artwork proposed by developers under the Art in Public Places Program, as specified in the Unified Development Code, for aesthetic quality, maintenance requirements and appropriateness of the donation to the overall goals of the Art in Public Places Program and make a recommendation to the City Council. (3) Recommend sites for public art projects.
(4) Provide technical and aesthetic recommendations for all public and private public art projects.
(5) Review artist applications for participation in the Art in Public Places Artist Registry.
(6) Create and recommend policy in conformity with the Indio General Plan for visual arts.
(7) Perform such other functions as directed by the City Council. (8) Establish its own rules and procedures not inconsistent with the intent of this chapter or any other ordinances or laws of the city or state. (Ord. 1750, passed 4-15-20)
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ADOPTED X.XX.22
ArtIcLE 3 | cItYW Ide r eGulAtIonS
3.06. Art In PuBL Ic P LAcES
A. Purpose
The City Council finds and declares:
1. Th
is chapter may be known and cited as the Indio Art in Public Places Program. The city has developed a nationwide reputation through the annual International Tamale Festival, mural program, and other artistic events, that attract thousands of visitors every year to the city. The public health, safety and welfare, the preservation and enhancement of property values and economic vitality, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high-quality public art.
2. A st
ated goal of the General Plan is to provide a high quality of life and strong community identity enhanced by rich arts and culture programs. The Art in Public Places Program is intended to achieve this purpose by providing visual art throughout the city.
3. Re
sidential and commercial development throughout the city will benefit from public art, both financially and visually. All property within the city will prosper through the enhancement and preservation of property values that will result from the location of visual art throughout the city. As such, the cost of providing public art should be shared. This program is a means of achieving a balanced responsibility of providing a cultural enhancement.
4. Es
tablishment of the Art in Public Places Program will promote the general welfare through balancing the community’s physical growth with revitalization and its cultural and artistic resources.
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ArtIcle 3 | 218
B. Art in Public Places Program Established
The Art in Public Places Program is hereby established, which shall be applicable to public, residential, non- residential development. Each development subject to the program shall allocate a percentage of the costs of the development towards the placement of artwork within the development or elsewhere in the city, provided that a developer may pay a fee in lieu thereof.
T
he allocation percentage is established in Subsection D (Program Allocation).
C. Art in Public Places Fund
1. There is hereby created a fund to be known as the “Art Fund” to account for fees paid pursuant to S
ubsection D (Program Allocation). This fund shall be maintained by the City Finance Director and shall be used:
a. Fo
r the design acquisition, commission, installation, improvement, maintenance and insurance of an artwork, including the development of a design concept and the preparation of construction drawings, which are separate and apart from the cost of the fabrication and installation of the artwork;
b.
Fo
r the acquisition and improvement of real property for the purpose of displaying artwork, which has been or may be subsequently approved by the City;
c. Du
ring a fiscal year, for maintenance of artwork purchased pursuant to Subsection 1.a above; d. Fo
r costs associated with administering the Art in Public Places Program.
2. If r
eal property purchased with monies from the Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Art Fund.
D. Program Allocation
1. The P rogram Allocation i s the percentage of the construction costs set aside for the Art in Public Places Program. All residential construction of more than one unit, rehabilitation or expansion with a building permit valuation of $100,000 or more will be assessed an amount equal to ¼ percent for that portion of the permit valuation in excess of $100,000.
a.
Al
l other residential development, including two or more single-family dwellings being built concurrently in the same tract by the same owner or contractor, will be assessed an amount equal to ¼ percent of the total building valuation, excluding land acquisition and off-street improvement costs. b. Al
l public, non-residential development will be assessed an amount equal to ½ percent of the total building valuation, excluding land acquisition and off-site improvement costs. c. Th
e total building valuation shall consist of the dollar amount of all construction permits using the latest building valuation data, as set forth by the International Code Council, unless, in the opinion of the Director, a different valuation methodology is more appropriate for a particular project.
2. In l
ieu of placement or donation to the City of an approved artwork, the applicant may pay to the Art Fund an amount equal to the program allocation set forth in this Subsection. In lieu fees are due prior to the issuance of a building permit.
3. Not
hing in this section shall prohibit the applicant from placing an approved artwork with acquisition and installation costs in an amount less than the program allocation, provided that the applicant shall also pay to the Art Fund an amount equal to the difference between the program allocation and the costs of acquisition and installation of such artwork.
E. Authority to Adopt Guidelines
The City Manager shall have the power and authority to promulgate guidelines for the implementation of the Art in Public Places Program, and when duly promulgated, such rules and regulations shall be in full force and effect.
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