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HomeMy WebLinkAboutResolution - 3116 STATE OF CALIFORNIA ) RESOLUTION NO. 3116 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING THE SAN JACINTO KIOSK SIGN PROGRAM WHEREAS, the City of San Jacinto ("City") has a significant interest in limiting and regulating the excessive proliferation of signs within its rights of way and the City Council has determined that the regulation of signs can lead to decreased traffic hazards, decreased litter, and reduced visual clutter, thereby positively affecting neighboring property values; and WHEREAS, the City under its police powers seeks to implement and enforce regulations regarding the placement of certain signs in order to promote its citizens' aesthetics and safety interests by minimizing clutter, reducing obstructed views, and reducing associated traffic hazards. The City also seeks to promote housing and economic development by reducing visual clutter and by assisting the marketing of home developments within the City in a safe and aesthetically pleasing manner; and WHEREAS, for almost the last twenty years, the City has adopted some form of a sign management program. On May 22, 1990, the City Council adopted Resolution No. 1880, designating the Sign Kiosk Program Association as the responsible party to operate, maintain, manage and enforce the sign kiosk program for the City; and WHEREAS, since that time, there have been several changes to the sign management program, including changes in the parties responsible for administering the program, the process and method of collecting fees, the sharing of fees among various city agencies and other organizations, the rules for distributing, managing and when necessary, the disposal of signs, and the particular locations in which the program is targeted for greatest effect; and WHEREAS, recently, City staff have completed an evaluation of the City's sign management program and has recommended that the City Council readopt this "Sign Kiosk Program", with certain modifications as set forth herein. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein. Page 1 of 5 SECTION 2. Adoption of Kiosk Sign Program. The City Council hereby adopts the San Jacinto Kiosk Sign Program as further described in Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of promoting housing and economic development, supplementing the City's revenue sources, protecting the public safety, and protecting the City's aesthetics from visual clutter. SECTION 3. Prior Resolutions. The provisions of this Resolution shall supersede all prior Resolutions adopted by the City Council of the City of San Jacinto. All such resolutions are hereby repealed in their entirety. SECTION 4. Adoption of Agreement. The City Manager is authorized to execute any agreement approved by the City Council in order to carry out the Kiosk sign program. SECTION 5. Effective Date. This Resolution shall become effective upon its adoption. APPROVED and ADOPTED, this 18th day of October, 2007, by the following vote: Ayes: Nays: Absent Abstain: City of San Jacinto im Ayr Mayor ATTEST: Dar thy L. Ch inard, City Clerk APPROVED AS TO FORM: City Attorney, Citrof San Jacinto Best, Best & Krieger, LLP Page 2 of 5 Exhibit "A" City of San Jacinto Kiosk Sion Prooram The City of San Jacinto's Kiosk Sign Program ("Program") intended to advertise and promote new residential developments and businesses within the City. The Program's goals are to advertise and promote such developments and/or businesses in a manner that: (1) protects motorists and pedestrians from traffic hazards associated with the unregulated placement of signs within the public rights of way; (2) promotes the unique aesthetic characteristics of the City through a uniform design and the regular maintenance and upkeep of such signs; and (3) enhances revenue sources to the City, thereby benefiting the City's taxpayers generally. The Program consists of two (2) portions: (1) the permanent Kiosk signs; and (2) temporary ("boot") signs. The Program is fundamentally a City program. Therefore, the City Council shall have the sole responsibility for establishing policy for the operation of the Program. However, the Program may be administered by either City staff or one or more contractors selected by the City. The administrative functions involved in the Program include the following: • Actively encouraging the development community and businesses to participate in the Program (i.e., marketing the Program through active outreach) ■ Administrative functions shall include securing written client contracts, managing accounts payable and receivables, client communication/ customer service, billing of developers, accounting for receipts and expenditures (which records shall be maintained for no less than three (3) years), payment of all payroll and similar taxes for employees of any contractor. ■ Any contractor of the City shall by contracting with the City, agree to defend, indemnify and hold harmless the City, its officials, officers, employees and volunteers from any claim or damage to the extent caused by the contractor, its employees, agents and volunteers. Such contractor may be required to maintain insurance coverage as deemed appropriate by the City Manager and City Attorney. ■ All signs in the Program shall be posted within the public right of way, and shall be placed in a manner so as to not block traffic control signs, sidewalks. No signs shall be placed on utility poles or structures. ■ All revenue generated by the Program shall accrue to the benefit of and shall be held on account of the City of San Jacinto, which revenue may(if approved beforehand by the City Council pursuant to written agreement) be offset by compensation to one or more contractors providing Program services to the City. ■ Fees paid by sign customers (developers/businesses) shall be as established and amended from time to time by the City Council, which shall be incorporated by reference into any agreement between the City and any contractor administering the Program. Page 3 of 5 Kiosk Sions ■ Placing Kiosk signs (consisting of posts, headers and panels) at locations approved by the City, and maintaining them in a good, safe and clean state of repair, including, without limitation, free of graffiti (which shall be removed within 24 hours of notification of any such graffiti). • All kiosks shall be located within the limits of the City of San Jacinto. ■ All Kiosk sign panels shall be organized on the kiosk structures in the following order from top to bottom, with order of panel placement within these categories being determined by length of time in Kiosk sign program: o First- all panels which direct traffic straight ahead o Second - all panels which direct traffic to turn right o Third - all panels which direct traffic to turn left. ■ Updating the Kiosk sign panels with developers/developments/businesses and removing panels of those developers/developments/businesses who are not abiding by the terms of their signage placement contract. In order to participate in the Kiosk program, the developer/development/business shall rent not less than 4 panels per month. • Providing advice and recommendations to the City Council regarding possible changes or alterations in the Program, including, without limitation, signage design, signage placement, Program guidelines, fees/charges to developers, contracts with signage companies, other Program service providers, etc. ■ Oversee and, if necessary, enforce contracts with any subcontractors performing services for the Program. No services may be subcontracted out by the City's contractor, without the prior, written consent of the City Council or City Manager. Temporary ("boot") Sians • All boot signs will be placed within the limits of the City of San Jacinto. ■ Timely placement and removal of temporary ("boot") signs. Boot signs will be set-up no earlier than 3:00 p.m. on Friday and shall remain no later than 10:00 a.m. on the following Monday (or the immediately following Tuesday if the Monday is a federal, state or City- recognized holiday). ■ Developer/development/business to provide boot signs and stakes. ■ Boot signs shall be no larger than 2' X 3.' • No more than two (2) signs per development shall be at any one location. ■ No developer/development/business may be included in the boot sign program unless such developer/development/business is included in the Kiosk sign program. Each developer/development/business shall rent a minimum of 4 boot signs per Kiosk sign panel rented. • Boot signs shall be placed in intervals of no less than '/z mile, and only at the following locations (or others approved by the City Council): Commonwealth Avenue Ramona Boulevard Cottonwood Avenue Ramona Expressway Esplanade Avenue Sanderson Avenue Hewitt Street Santa Fe Avenue Kirby Street Seventh Street Lyon Avenue State Street Potter Road Warren Road .1 Page 4 of 5 Fee Structure — Kiosk and Boot Sian Pro rams New Kiosk Fabrication/Installation (no panels): $650 Panel Fabrication/tnstallation: $125 Relocate/Repair/Reinstall existing Kiosk: $175 Install New Kiosk Post: $105 Fabrication/Installation new Header: $275 Monthly Panel Rent minimum of 4): $65/panel Panel Set-up fee (9s last Month's rent): $130/panel Boot Sign Placement: $2.501sign Note: Developers/Developments that participate in the residential developments demographic information program shall be entitled to a 10% reduction in the rates noted above. Rate reduction shall commence upon the submission of demographic information subject to the satisfaction of the City Managers office. Page 5 of 5