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HomeMy WebLinkAbout071210 CSC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA COMMUNITY SERVICES COMMISSION REGULAR MEETING TO BE HELD AT TEMECULA CITY HALL MONDAY, JULY 12, 2010 6:00 PM CALL TO ORDER: Chairman Tom Edwards FLAG SALUTE: Commissioner Fox ROLL CALL: Edwards, Fox, Hogan, McCracken, Meyler PUBLIC COMMENTS: A total of 15 minutes is provided so members of the public can address the Commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item not listed on the Agenda, a green "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address For all other agenda items, a "Request to Speak" form must be filed with the Community Services Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. NOTICE TO THE PUBLIC 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. DIVISION REPORTS CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 That the Community Services Commission approves the C: \Documents and Settings\shel ley. pollak \Local Settings \Temporary Internet Files\ Content .Outlook \D9ZTR597 \07 -12 -10 Agenda (2) (2).doc 1 Action Minutes of the June 14, 2010, Community Services Commission meeting. COMMISSION BUSINESS 2. Donation of Art for Civic Center RECOMMENDATION: 2.1 That the Community Services Commission recommend to the City Council approval of an agreement between the City of Temecula and Paul J. Price and Kathi L. Price for the assignment of all rights to the Santa Margarita Creek painting. DIRECTOR'S REPORT COMMISSIONER'S REPORTS ADJOURNMENT The next regular meeting of the Community Services Commission will be held on August 9, 2010 at 6:00 P.M., at Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, CA. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at City Hall — 43200 Business Park Drive, Temecula, .or the Temecula Library — 30600 Pauba Road, Temecula — during normal business hours. The packet will be available for viewing the Friday before the Community Services Commission meeting after 4:00 PM. You may as well access the packet on the City's website — www.cityoftemecula.org — which as well will be available the Friday before the Community Services Commission meeting after 4:00 PM. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the reception area at City Hall, 43200 Business Park Drive, Temecula, California, during normal business hours. In addition, such material will be made available on the City's web — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951 - 694 -6444. The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Wednesday before the Old Town Local Review Board meeting after 4:00 p.m. You may also access the packet the Thursday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. R: \CSCAGEND\2010 \06 -14 -10 Agenda (2).doc 2 ITEM NO. 1 RACSCAGENDVfEMNO.SHL ACTION MINUTES TEMECULA COMMUNITY SERVICES COMMISSION TEMECULA CITY HALL MONDAY, JUNE 14, 2010 6:00 PM CALL TO ORDER: Chairman Tom Edwards FLAG SALUTE: Commissioner Meyler ROLL CALL: Edwards, Fox, Hogan, McCracken, Meyler ABSENT: Fox PRESENTATIONS: PUBLIC COMMENTS: DIVISION REPORTS CONSENT CALENDAR 1. Minutes — Approved staff recommendation — (4 -0 -1) — Commissioner Meyler made the motion; it was seconded by Commissioner McCracken and voice vote reflected approval with the exception of Commissioner Fox. RECOMMENDATION: 1.1 Approve the Action Minutes of the May 10, 2010, Community Services Commission meeting. COMMISSION BUSINESS 2. 2010 Summer Sunsets Film and Concert Series — received and filed. RECOMMENDATION: 2.1 Receive and file this report. 3. Review of the Preliminary Draft City of Temecula Sustainability Plan — received and filed. RECOMMENDATION: 3.1 Receive and file this report. DIRECTOR'S REPORT COMMISSIONERS' REPORTS ADJOURNMENT At 6:40 P.M., the Community Services Commission meeting was adjourned to Monday, July 12, 2010, at 6:00 P.M., at Temecula City Hall. Tom Edwards, Chairperson Herman D. Parker, Director of Community Services ITEM NO. 2 R: \CSCAGENDUTEMNO.SHL CITY OF TEMECULA AGENDA REPORT TO: Community Services Commission FROM: Herman D. Parker, Director of Community Service DATE: July 12, 2010 SUBJECT: Donation of Art for Civic Center RECOMMENDATION: That the Community Services Commission recommend to the City Council approval of an agreement between the City of Temecula and Paul J. Price and Kathi L. Price for the assignment of all rights to the Santa Margarita Creek painting. DISCUSSION: Artist Paul J. Price has generously offered to donate to the City Temecula one of his most recently created art pieces entitled "Santa Margarita Creek ". After review of the art piece, staff would recommend that the City accept this generous offer by Mr. Price and that the painting be displayed in a prominent location, as requested by Mr. Price, at the new civic center for the public's enjoyment. Artist Paul Jay Price has been involved in the worlds of art, anthropology, preservation, and scholarship for over forty years. However, it is as an artist that Price has made his most significant mark. His painted landscapes and subjects are powerful, sweeping, and epic. He has the instinctive and sensitive ability to draw the emotions from the very heart of his subjects. His creative designs for both commercial and public attractions can be seen around the world. He worked on the historic restoration and theming of the Santa Cruz Beach and Boardwalk, help developed the original Chuck E. Cheese (and associated characters) for Pizza Time Theatre in Irving, TX, and directed and produced fabric lines and wall decor for national sales for Studio Four (Chicago, IL) and Environmental Graphics (Minnetonka, MN). Paul Price painted this art piece entitled "Santa Margarita Creek" after taking a group of 30 hikers on a three day journey to the sea. Mr. Price reflected on his experience traversing the streambeds as he led the hikers on their journey. Mr. Price states that the beauty and remoteness of Temecula Canyon made a profound impression and led him to capture the experience with this art piece. The painting is approximately 2.5' x 3' in measurement and exhibits a beautiful, natural environmental setting. This painting would be an excellent accompaniment to the decor of the new civic center. The agreement between Paul J. Price and Kathi L. Price and the City of Temecula assigns the City all rights to the painting. Artist Paul J. Price is here tonight to display the art piece for the Commission. Attachment: Agreement RACKAGEND\2010\Paul J Price Art Donation.docx AN AGREEMENT BETWEEN THE CITY OF TEMECULA AND PAUL J. PRICE AND KATHI L. PRICE FOR THE ASSIGNMENT OF ALL RIGHTS TO THE SANTA MARGARITA CREEK PAINTING This assignment of the Santa Margarita Creek Painting agreement ( "Agreement "), effective July 27, 2010 ( "Effective Date ") is between the City of Temecula ( "City ") and Paul J. and Kathi L. Price ( "Donors "). RECITALS A. Donors are the sole and exclusive owners of a painting, entitled "Santa Margarita Creek" ( "Painting "). B. Donors desire to donate to City, free of charge, the Painting, which is to be placed in the City of Temecula's Civic Center, located at 41000 Main Street, Temecula, Temecula, California 92590 ( "Civic Center ") and which will enhance and contribute to the appreciation of history of the Temecula Valley within the City of Temecula. C. City may accept such a gift under the terms and conditions prescribed in this Agreement pursuant to Government Code Sections 37354 and 37355. D. City is hereby made an express beneficiary of this Agreement. NOW THEREFORE, for other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties, each intending to be legally bound, hereby promise and mutually agree as follows: Section 1 . Assignment Donors hereby donates, transfers and assigns to City, free of charge, all rights, title and interest in the Painting. Section 2 . Acceptance City hereby accepts the donation of the Painting upon its delivery to City, pursuant to Government Code Section 37354. Section 3 . City Responsibilities City gratefully accepts the donation of the Painting and agrees to the following responsibilities with regard to the Painting: A. Display the Painting in a public space in the Civic Center for the enjoyment of the citizens of the City of Temecula. B. Prepare and affix a small plaque near the Painting that indicates that the Painting was donated by the estate of Paul J. Price and Kathi L. Price. C. Display the Painting for public view at the Civic Center's Grand Opening, to be held in September 2010. r: \ziglerg \xagreemn \paul price art donation agreement.doc D. Obtain prior written approval from Donors, for the duration of Donors' lifetime, to copy or reproduce the Painting. E. Properly maintain and care for the Painting. F. Mount the Painting with locked frame mounts. G. Shall not sell the Painting to any person or entity. Section 4 . Ownership Rights Donors acknowledge City's exclusive rights in the Painting and that City is and shall remain the owner of the Painting upon the delivery of the Painting to the City. Donors agree that Donors retains no right, title, or interest in or to the Painting upon delivery of the Painting to City. Donors waive all claim of and to ownership of any rights in the Painting and agree that it shall not at any time dispute or contest City's ownership of the Painting, City's exclusive right and title to the Painting and City's right to use the Painting, or the validity of the Painting, nor shall Donors assist others in doing so. Section 5 . Representation and Warranty Donors represent and warrant to City that, to the best of Donors' knowledge, Donors are the lawful owners of the Painting and that Donors are not aware of any claim or controversy as to Donors' right, title and interest to the Painting and that Donors have the legal authority to transfer title of the Painting to City. Section 6 . Cooperation Donors shall cooperate fully and in good faith with City for the purpose of securing, preserving and protecting City's rights in and to the Painting. Donors shall cooperate with City, by providing to City any information or knowledge Donors may have regarding the Painting, if City ever needs to defend any and all claims relating to the ownership of the Painting. Section 7 . Entire Agreement This Agreement constitutes the entire agreement and understanding of the parties with respect to the Painting, and supersedes all previous negotiations and agreements, oral or written, regarding the Painting. There are no other representations, warranties, promises, covenants or understandings other than those contained in this Agreement. Section 8 . Modifications This Agreement may be amended or terminated only by a written instrument signed by both of the parties to this Agreement. Section 9 . Third Parties City shall not be obligated or liable under this Agreement to any third parties under this Agreement. Section 10 . Notices All notices, requests, and other communications shall be in writing and sent to the following: If to City: City of Temecula P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589 -9033 Attention: Director of Community Services r:\ziglerg \xagreemn \paul price art donation agreement.doc If to Donors: Paul J. and Kathi L. Price 24119 Cruise Circle Canyon Lake, CA 92587 Section 11. No Agency or Joint Venture The parties understand and agree that this Agreement does not make them an agent or legal representative of each other for any purpose, and that no partnership or joint venture is intended to be created by this Agreement. No party is granted, by this Agreement or otherwise, any right or authority to assume or create any obligation or responsibility on behalf of or in the name of the other party to this Agreement, or to bind the other party hereto in any manner whatsoever. Section 12 . Authority Each party hereto represents and warrants that its execution, delivery and performance of this Agreement has been duly and validly authorized, and that this Agreement is binding upon and enforceable against such party in accordance with the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have each caused this Agreement to be signed in its name by a duly authorized officer or representative thereof. CITY OF TEMECULA JEFF COMERCHERO Mayor ATTEST: (SEAL) SUSAN W. JONES, MMC City Clerk PAUL J. PRICE r: \zig1erg \xagreemn \pau1 price art donation agreement.doc KATHI L. PRICE APPROVED AS TO FORM: APPROVED AS TO CONTENT: PETER M. THORSON SHAWN NELSON City Attorney City Manager HERMAN PARKER Director of Community Services rAziglerg \xagreemn \paul price art donation agreement.doc