HomeMy WebLinkAboutResolution - 3806WHEREAS, the City Council ("City Council") of the City of San Jacinto ("City")
desires to promote and support the public display and public appreciation of art in the
City; and
WHEREAS, the establishment of an Arts in Public Places Program will facilitate
the artistic and aesthetic goals of the City; and
WHEREAS, arts and cultural activities are an essential part of a healthy community
life and make significant contributions to the quality of life in San Jacinto; and
WHEREAS, the creation of an Arts in Public Places Program will further the
goals laid out in the Arts and Culture Element of the San Jacinto General Plan by
identifying opportunities for arts enrichment and assisting in the development of
implementation strategies by advising the City Council on ways to support and expand
the local arts community; and
WHEREAS, the City desires to form an Arts in Public Places Program to
encourage, stimulate, promote, and foster programs for the cultural enrichment of the
City and its inhabitants; and
WHEREAS, Public art is uniquely accessible and enables people to experience
art in the course of daily life, outside of museums or other cultural institutions; and
WHEREAS, Public art can create civic icons, but it also can transform our
playgrounds, parks, public buildings, and shopping centers into more vibrant
expressions of human imagination; and
WHEREAS, the City Council is authorized pursuant to Article XI, Section 7 of the
California Constitution and pursuant to the California Government Code to establish and
impose on development project development impact fees ("Development Impact Fees")
for the purpose of defraying all or a portion of the cost of public improvements, public
services and community amenities attributable to such development project; and
WHEREAS, the continuing growth of the City, combined with the continued
expectation of high quality facilities by persons who live and work in the city, and
reductions by the State of California in property tax allocations to local governments
have been catalysts for the review of the City's existing and future Public Improvements
made necessary by new development; and
WHEREAS, pursuant to Ordinance No. 20-07, the City Council has established
the "Arts in Public Places Fund" into which shall be deposited all fees paid pursuant to
Chapter 12.35. The funds shall be used for the acquisition, installation, improvement,
procurement, and maintenance of artwork to be displayed in the City, the administration
of the Art in Public Place Program, and for community Public Art Education Programs;
and
WHEREAS, Chapter 12.35 defines the Developer options and reimbursement
procedures for placement of artwork on private property and that which is donated to
the City; and
WHEREAS, the City Council finds that the approval of development projects is of
special benefit to Applicants and that development projects constructed by Applicants
impose a special burden upon Public Improvements separate and apart from and in
addition to that of the public; and therefore, in the interests of fairness to the general
public, the City desires to better recover the costs of development impacts upon Public
Improvements from Applicants who have obtained the City's approval for development
projects; and
WHEREAS, on May 19th, 2005, the City Council adopted Ordinance No. 5-18
which established the Community Amenities fee for Single -Family and Multi -Family
Residential Developments; and
WHEREAS, on September 6th, 2016, the City Council adopted Resolution No.
3645, forming a Public Arts Commission to promote and support the public display and
appreciation of art in the city; and,
WHEREAS, on April 21, 2020, the City Council provided direction to City Staff on
the formation of an Arts in Public Places Program including the excising of fees to
financially support the program; and
WHEREAS, the City has multiple policies, Ordinances and Resolutions adopted
over the years that are contradictory and the City desires to consolidate the Arts in
Public Places program into a single policy document; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, BE IT RESOLVED, determined, and ordered by the City
Council of the City of San Jacinto, California as follows:
SECTION 1. Resolution No. 3645 is hereby recinded in its entirety.
SECTION 2. This Resolution superceeds any previously adopted Resolution or
Ordinance where conflict exists.
SECTION 3. Pursuant to the authority set forth in Section 12.35.050 of the San
Jacinto Municipal Code, the City Council hereby implements the Art
in Public Places Fee as follows:
Single -Family
Multi -Family
Residential
Residential
Non -Residential
Public Projects
1.0% of
0.5% of
$630.00 /
$532.00 /
Development
Development
Fee Rate
dwelling unit
dwelling unit
Project
Project
Valuation
Valuation
Community
Community
Art in Public
Art in Public
Fee Name
Amenities
I Amenities
Places Fund
Places Fund
Existing fee established under
New fee applicable to projects
Notes
Ordinance No. 05-18. No changes
submitted for plan check after the
in fee amount or methodology.
effective date of this Resolution.
SECTION 4. Payment of the Arts in Public Places Fee shall apply to all
Development Projects set forth in Chapter 12.35 — Arts in Public
Places of the San Jacinto Municipal Code.
SECTION 5. The purpose of the Arts in Public Places is to install, aquire, maintain,
repair, replace, and promote Public Art in the City of San Jacinto.
SECTION 6. Public Art may consist of various mediums including murals,
paintings, sculptures, artistic hardscape, hardware, water features,
etc. as determined appropriate by the City Council.
SECTION 7. If any section, subsection, sentence, clause, phrase or word of this
Resolution 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 portions of this
Resolution. The City Council hereby declares that it would have
adopted this Resolution, and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion or the Resolution would be
subsequently declared invalid or unconstitutional.
SECTION 8. Custodian of Records. The documents and materials that
constitute the record of proceedings on which these findings are
based are located at the City Clerk's office located at 595 S. San
Jacinto Avenue, San Jacinto, CA 92583. The custodian for these
records is the City Clerk.
SECTION 9. Severability. If any provision of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Resolution
which can be given effect without the invalid provision or application,
and to this end the provisions of this Resolution are severable. The
City Council hereby declares that it would have adopted this
Resolution irrespective of the invalidity of any particular portion
thereof.
SECTION 10. Effective Date. Resolution No. 3806 shall be effective concurrent
with Ordinance No. 20-06.
PASSED, APPROVED and ADOPTED at a regular meeting of the City Council of the
City of San Jacinto on the 16th day of June, 2020 by the following vote:
AYES: Kotyuk, Lopez, Ruiz, Ledezma, Ruiz
NAYS: None
ABSENT: None
ABSTAIN: None
Andrew Kotyuk, Mayor
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A ghn L
J(liaspinoza, Records Clerk
BEST BES & KRIEGER LLP
----71///,
Michae'li J. Maurer, City Attorney
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss
CITY OF SAN JACINTO)
I, Julia Espinoza, duly appointed Records Clerk of the City of San Jacinto, do
hereby certify that the foregoing Resolution No. 3806 was duly passed, approved and
adopted at a regular meeting of the City Council of the City of San Jacinto on the 16th
day of June, 2020, by the following vote:
AYES:
Kotyuk, Lopez, Ruiz, Ledezma, Ruiz
NAYS:
None
ABSENT:
None
ABSTAIN:
None
WITNESS MY HAND AND OFFICIAL SEAL the 16th day of June 2020.
U�40
Espinoza, Records Clerk
City of San Jacinto