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AGENDA
TEMECULA COMMUNITY SERVICES COMMISSION
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
APRIL 11, 2022 - 6:00 PM
CALL TO ORDER: Chairperson Sizemore
FLAG SALUTE: Commissioner Levine
ROLL CALL: Hawkes, Krstevski, Levine, Oddi, Sizemore
PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Commission on matters not
listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at
the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be
read aloud into the record at the meeting. Email comments must be submitted to
CommunityServicesCommission@temeculaca .gov. Speaker cards for in-person comments will be
called in the order received by the Commission Secretary and then, if time remains, email comments
will be read. Email comments on all matters must be received prior to the time the item is called for
public comments. All public participation is governed by the Council Policy regarding Public
Participation at Meetings adopted by Resolution No . 2021-54.
DIVISION REPORTS
CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one
roll call vote. There will be no discussion of these items unless members of the Commission request
specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is
provided for members of the public to address the Commission on items that appear on the Consent
Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting
by submitting a speaker card to the Commission Secretary or by submitting an email to be read aloud
into the record at the meeting. Email comments must be submitted to
CommunityServicesComission@temeculaca .gov. Speaker cards for in-person comments will be called
in the order received by the Commission Secretary and then, if time remains, email comments will be
read. Email comments on all matters must be received prior to the time the item is called for public
comments. All public participation is governed by the Council Policy regarding Public Participation at
Meetings adopted by Resolution No. 2021-54.
Page 1
Community Services Commission Agenda April 11, 2022
1.Approve the Action Minutes of March 14, 2022
That the Commission approve the action minutes of March 14, 2022.Recommendation:
Action MinutesAttachments:
BUSINESS
Members of the public may address the Commission on Business items that appear on the agenda. Each
speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a
speaker card to the Commission Secretary or by submitting an email to be read aloud into the record at
the meeting. Email comments must be submitted to CommunityServicesCommission@temeculaca .gov.
Speaker cards for in-person comments will be called in the order received by the Commission Secretary
and then, if time remains, email comments will be read. Email comments on all matters must be
received prior to the time the item is called for public comments. All public participation is governed by
the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54.
2.Selection of Committee Member for Utility Box Art Project
That the Commission select a Committee Member for the Utility Box Art
Project.
Recommendation:
Agenda ReportAttachments:
3.Receive and File Update Regarding the Mission of Community Services Commission and Art in
Public Places
That the Commission receive and file an update of discussion items from the
Commission meeting of March 14, 2022 regarding the mission of
Community Services Commission and Art in Public Places .
Recommendation:
Agenda Report
CC Ordinance No. 93-06
CC Resolution No. 90-39
CC Ordinance No. 04-06
Attachments:
DIRECTOR REPORT
COMMISSIONER REPORTS
ADJOURNMENT
The next regular meeting of the Community Services Commission will be held on Monday, May 9,
2022, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The full agenda packet (including staff reports and any supplemental material available after the original posting
of the agenda), distributed to a majority of the Commission regarding any item on the agenda, will be available
for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least
Page 2
Community Services Commission Agenda April 11, 2022
72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and
available for review at the respective meeting. If you have questions regarding any item on the agenda, please
contact the Community Services Department at (951) 694-6444.
Page 3
Item No. 1
1
ACTION MINUTES
TEMECULA COMMUNITY SERVICES COMMISSION
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MARCH 14, 2022 - 6:00 PM
CALL TO ORDER at 6:00 PM: Chairperson Sizemore
FLAG SALUTE: Chairperson Sizemore
ROLL CALL: Hawkes, Krstevski, Levine, Oddi, Sizemore
PUBLIC COMMENT - None
DIVISION REPORTS
CONSENT CALENDAR
1. Approve the Action Minutes of February 14, 2022
Recommendation: That the Commission approve the action minutes of February 14, 2022.
Approved the Staff Recommendation (5-0): Motion by Levine, Second by Oddi. The vote
reflected unanimous approval.
BUSINESS
2. Receive and File Budget Engagement Session
Recommendation: That the Commission receive and file the budget engagement session
and provide general recommendations regarding the same.
Receive and file, no action
DIRECTOR REPORT
COMMISSIONER REPORTS
2
ADJOURNMENT
At 7:36 PM, the Community Services Commission meeting was formally adjourned to Monday, April
11, 2022, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California.
Kathy Sizemore, Chairperson
Erica Russo, Director of Community Services
Item No. 2
TEMECULA COMMUNITY SERVICES COMMISSION
AGENDA REPORT
TO: Community Services Commission
FROM: Erica Russo, Director of Community Services
DATE: April 11, 2022
SUBJECT: Selection of Committee Member for Utility Box Art Project
______________________________________________________________________________
PREPARED BY: Tracy Frick, Community Services Manager
RECOMMENDATION: That the Commission select a Committee Member for the Utility
Box Art Project.
BACKGROUND: The Arts and Cultural Affairs Subcommittee approved the Utility
Box Art Project on March 22, 2022 and directed staff to move forward to vinyl wrap up to 16
utility boxes throughout Old Town Temecula as part of the City’s ongoing Public Art program.
Staff is requesting the Commission select one Commissioner to be a member of the Utility Box
Art Project Committee.
FISCAL IMPACT: None
Item No. 3
TEMECULA COMMUNITY SERVICES COMMISSION
AGENDA REPORT
TO: Community Services Commission
FROM: Erica Russo, Director of Community Services
DATE: April 11, 2022
SUBJECT: Receive and File Update Regarding the Mission of Community Services
Commission and Art in Public Places
______________________________________________________________________________
PREPARED BY: Erica Russo, Director of Community Services
RECOMMENDATION: That the Commission receive and file an update of discussion items
from the Commission meeting of March 14, 2022 regarding the mission of Community Services
Commission and Art in Public Places.
BACKGROUND: The following items were mentioned at the Commission meeting of
March 14, 2022. Commission requested additional information on the following items:
•Mission of the Community Services Commission
•Art in Public Places Developer Impact Fees (DIF)
•Ordinance 04-06 Art in Public Places
Staff will provide an overview of each of these topics as well as physical copies of the relevant
documentation.
FISCAL IMPACT: None
ATTACHMENTS: 1.Ordinance No. 93-06 Establishment of Community
Services Commission
2.Resolution No. 90-39 Responsibilities of Community
Services Commission
3.Ordinance No. 04-06 Art in Public Places
ORDINANCE NO. 93 -06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 13.01 TO THE TEMECULA
MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF A
TEMECULA COMMUNITY SERVICES COMMISSION
WHEREAS, On April 24, 1990, the City Council of the City of Temecula adopted
Ordinance 90 -05, which added Chapter 13.01 to the Temecula Municipal Code establishing the
Temecula Parks and Recreation Commission, and
WHEREAS, on February 2, 1993, after due consideration, the Temecula City Council
accepted the recommendation of the Parks and Recreation Commission to officially change the
name of said Parks and Recreation Commission to the Community Services Commission;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Chapter 13.01 of the Temecula Municipal Code is hereby amended as
follows:
13.01.010 Temecula Community Services Commission - Established. There is
hereby established a Temecula Community Services Commission.
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13.01.020 Time and place of meeting. The time and place of the meetings of
the Temecula Community Services Commission shall be established by resolution
of the Commission.
13.01.030 Duties. The duties of the Temecula Community Services Commission
shall be established by resolution of the City Council."
Section 2. SEVERABILITY. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
Section 3. This Ordinance shall be in full force and effect thirty (30) days after its
passage.
210,& 93 -06 1IMIM
Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED this 9th day March, 1993.
J. Sal M04 mayor'
ATTEST:
1 x-°-"
luRLV Greek, City Cle —
a
l
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA )
I, June S. Greek, City Clerk of the City of Temecula, California, DO HEREBY
CERTIFY that the foregoing Ordinance No. 93 -06 was duly introduced and placed upon its first
reading at a regular meeting of the City Council on the 23rd day of February, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
of the City of Temecula on the 9th day of March, 1993 by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Parks, Roberts, Stone, Munoz
NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Birdsall
Jun S Greek, City Clerk
2 /0rd. 93 -06 11-TRIM-11
RESOLUTION NO. 90-39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ESTABLISHING THE ORGANIZATION,
OBJECTIVES, AND RESPONSIBILITIES OF A
TEMECULA PARKS AND RECREATION COMMISSION
The City Council of the City of Temecula does resolve, determine and order as
follows:
Section 1. Establishment of Commission. Pursuant to Section 13.01 of the Temecula
Municipal Code, there is hereby created an advisory commission which shall be known as the
Temecula Parks and Recreation Commission."
Section 2. Commission Membership. The Temecula Parks and Recreation Commission
shall consist of five (5) members to be nominated and appointed pursuant to Chapter 2.06.050
of the Temecula Municipal Code.
Section 3. Staff Assistance. The City Manager shall ensure that adequate staff will be
allocated to provide necessary technical and clerical assistance to the Commission.
Section 4. Time and Place of Meetings. The Temecula Parks and Recreation
Commission shall establish a regular date, time and place for Commission meetings, which shall
be open to the public. Said meetings shall occur no less frequently than once a month.
Section 5. Term. The Temecula Parks and Recreation Commission shall continue in
effect pursuant to Chapter 2.06.060 of the Temecula Municipal Code.
Section 6. Duties of Commission. The duties of the Temecula Parks and Recreation
Commission shall be as follows:
Review and make recommendations to the City Council concerning the Parks
and Recreation element of the General Plan and work with the Temecula
Community Services District, the Temecula Valley Unified School District and
other city departments and community groups to provide parks and recreation
services and programs for the community.
Resos 90-39
Section 7. This Resolution shall become effective concurrently with the effective date
of the City Ordinance adding Chapter 13.01 of the City Municipal Code. The City Clerk shall
certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 17th day of April, 1990.
Ron aidJ~. atA,/Mayo~ order
ATTEST:
eek, Deputy City Clerk
SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, June S. Greek, Deputy City Clerk of the City of Temecula, HEREBY DO CERTIFY that
the foregoing Resolution NO. 90-39 as duly adopted at a regular meeting of the City Council
of the City of Temecula on the 17th day of April, 1990, by the following roll call vote.
AYES: 5 COUNCILMEMBERS:Birdsall, Lindemans, Moore,
Mufioz, Parks
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
J nett.~. Greek, Deputy CiI~y Clerk
Resos/90-39 11/20/95 4:18pm
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ORDINANCE NO. 04-06
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
TEMECUlA ADDING CHAPTER 5.08 TO THE TEMECUlA
MUNICIPAL CODE RELATING TO ART IN PUBLIC PLACES
THE CITY COUNCil OF THE CITY OF TEMECULA DOES ORDAIN AS FOllOWS:
Section 1.Purpose and Findings. The City Council finds, determines and declares
that:
A. Public artwork enhances the quality of life for individuals living in, working
in and visiting Temecula.
B. As development and re-development of real property within Temecula
continues, urbanization of the community results and the opportunity for creation of public
artwork is diminished.
C. The California Supreme Court has ruled that municipalities can require
developers either to include public artwork in their development projects or to pay an in lieu fee.
Ehrlich v. City of Culver City, 12 Cal. 854 (1996).
D. Establishment of the Art in Public Places Program set forth in this
Ordinance will promote the general welfare by ensuring that public artwork is generated in
conjunction with private development projects that contribute to urbanization of the community.
Section 2. Chapter 5.08, Art in Public Places, is hereby added to the Temecula
Municipal Code to read as follows:
Chapter 5.08
ART IN PUBLIC PLACES
5.08.01 0 Purpose.
The purpose of this chapter is to enhance the quality of life for city residents, workers
and visitors by providing for the acquisition and maintenance of public artwork.
5.08.020 Implementation of chapter.
A. The procedures prescribed by this chapter for review and approval of public
artwork shall be conducted concurrently with any applicable procedures prescribed by Title 17
of this code for review and approval of development permits.
B. The community services department shall establish guidelines that specify
maintenance requirements for public artwork installed on private property to satisfy the public
artwork requirement.
5.08.030 Definitions.
R:/Ords 2004/0rd 04-06
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For the purposes of this chapter, the following words and phrases shall have the
following meanings:
Appropriately maintained" means maintained in conformance with the city's public
artwork guidelines.
Artwork" means an original creation of physical art including without limitation a
fountain, mobile, mosaic, mural, painting, sculpture and tapestry. An artwork may be realized
through such mediums as bronze, ceramic tile, concrete stained glass, steel or wood. An
artwork may be an integral part of a building or public space, whether attached to, interior of or
external to the building.
Development project" means construction or modification of a building.
In lieu art fee" means a fee in the amount of one-tenth of one percent of the project cost
in excess of one hundred thousand dollars.
Project cost" means the total value of a development project, excluding the land value,
as indicated on the building permit issued by the city for the project.
Public artwork" means an artwork that is either (i) donated to the city for installation on
city property; or (ii) installed on private property in a publicly accessible location.
Public artwork requiremenf' means the requirement, imposed by this chapter, of
providing a public artwork or paying the in lieu art fee.
Publicly accessible" means accessible to the public for viewing, in a direct line of sight,
for a minimum period of ten hours per day, seven days per week.
Value of a public artwork" means the cost of designing, acquiring, constructing and
installing an artwork, as applicable.
5.08.040 Art in Public Places Fund.
A. lihere is hereby established in the city a fund known as the "Art in Public Places
Fund," which shall be a depository for fees paid pursuant to this chapter and for public art-
related monetary donations to the city.
B. lihe Art in Public Places Fund shall be maintained by the finance director and
shall be utilized for the following purposes:
1.Administration of this chapter.
2. Design, acquisition, installation,
insurance of public artwork displayed on city property.
maintenance andimprovement,
3.Offering of performing arts programs on city property for the community.
4. Art education programs on city property for the community; provided,
however, that not more than five percent of the fund's annual budget shall be used for this
purpose.
R:/Ords 2004/0rd 04-06
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5.08.050 Applicability of public artwork requirement.
A. Except as provided in paragraph B below, the public artwork requirement shall
apply to the following development projects:
1. Single-family residential unit on a lot within an approved subdivision and
having a project cost in excess of one hundred thousand dollars ($100,000).
2. Multi-family residential units having a project cost in excess of one
hundred thousand dollars ($100,000) per unit.
3. Commercial, industrial, office and other non-residential units in excess of
one hundred thousand dollars ($100,000).
B. The following development projects shall be exempt from the public artwork
requirement:
1.Government agency development projects.
2. Reconstruction of structures that have been damaged by fire, flood, wind,
earthquake or other calamity.
5.08.060 Satisfaction of public artwork requirement.
A. The public art requirement shall be satisfied by completing one of the following
actions in accordance with this chapter:
1.Donating a public artwork to the city.
2.Installing a public artwork on private property.
3.Paying an in lieu art fee.
B. If the value of a public artwork used to satisfy the public artwork requirement is
less than the amount of the in lieu art fee that otherwise would be applicable to the development
project, then the difference shall be paid to the city and deposited in the Art in Public Places
Fund.
5.08.070 Procedure for donation or installation of public artwork.
A. An application for donation of a public artwork to the city, or for installation of a
public artwork on private property, shall be filed with the community services department prior to
the issuance of grading or building permits for a development project. The application shall
include:
1. Preliminary sketches, photographs, models or other documentation of
sufficient descriptive clarity to indicate the nature of the proposed artwork.
2.An appraisal or other evidence of the value of the proposed artwork.
3.The resume of the creator of the proposed artwork.
R:/Ords 2004/0rd 04-06
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4.If the application is for donation, then the application shall also include the
following:
a. A city attorney-approved written statement executed by the
artwork's creator waiving such person's rights under the Visual Artists Rights Act of 1990 (17
U.S.C. 101 et seq.), California Civil Code Section 1542 and equivalent laws.
5.If the application is for installation, then the application shall also include
the following:
a. Preliminary plans of sufficient descriptive clarity to indicate the
compatibility of the proposed public artwork with the development project, adjacent parcels and
the surrounding neighborhood.
b.A written statement explaining how the proposed artwork will be
publicly accessible.
6. Any other information requested by the community services department
to enable reasonable evaluation of the application.
B. Each application shall be reviewed initially by the community services
department, which shall make a recommendation thereon. If the application is for donation,
then the community services commission shall be an advisory body and the city council shall be
the decision maker. The city council's decision on an application for donation shall be final. If
the application is for installation, then the community services commission shall be the
decision maker and its decision shall be final unless appealed to the city council in accordance
with Chapter 2.36 of this code.
C. Prior to installing a public artwork on private property to satisfy the public artwork
requirement, the property owner shall execute and record with the county recorder a city
attorney-approved covenant. Such covenant shall require the property owner and successors
thereof to do the following:
1.Maintain the public artwork in good condition.
2. Allow city representatives to enter upon the property upon reasonable
written notice to perform necessary repairs to the public artwork at the property owner's
expense when it is not maintained in good condition.
3. Indemnify, defend and hold harmless the city, its officers, employees and
agents from any claim, demand, damage, liability, loss, cost or expense attributable to the public
artwork.
5.08.080 Procedure for payment of in lieu art fee.
Payment of the in lieu art fee shall be made prior to the issuance of grading or building
permits unless an alternative deadline is approved by the city council.
5.08.090 Maintenance of public artwork on private property.
R:/Ords 2004/0rd 04-06 4
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Public artwork installed on private property to satisfy the public artwork requirement shall
be appropriately maintained and insured by the property owner. The insurance shall be in an
amount determined by the city manager and shall provide coverage in the event of fire damage
to or vandalism of the public work.
5.08.100 Removal or alteration of public artwork on private property.
Artwork installed on private property to satisfy the public artwork requirement shall not
be removed or altered without the prior approval of the city council. In addition to any other
applicable penalty, violation of this section may render the property owner liable for payment of
the in lieu art fee that would have been applicable to the development project, and may result in
revocation of the occupancy permit issued for the development project. Prior to any imposition
of in lieu art fee liability or occupancy permit revocation pursuant to this section, the city shall
afford the property owner notice and an opportunity for a hearing."
Section 2. If any sentence, clause or phrase of this Ordinance is for any reason held
to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the
remaining provisions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that
anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise
invalid.
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Section 3. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED AND ADOPTED, this 22"d day of June, 2004.
ATTEST:
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R:/Ords 2004/0rd 04-06