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HomeMy WebLinkAbout021395 CSC AgendaAGENDA TElVIECULA CO1VIlVIUNITY SERVICES COIVIIVHSSION ADJOURNED REGULAR MEETING TO BE HELD AT TEMECULA CITY HALL Monday, February 13, 1995 7:00 P.M. CALL TO ORDER: Flag Salute Commissioner Soltysiak ROLL CALL: Comerchero, Nimeshein, Rund, Soltysiak, Miller SWEARING IN CEREMONY: Commissioner Ginny Rund PRESENTATIONS: Chairman Miller Police Chief Rick Sayre 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 vour name and address. For all other agenda items, a "Request to Speak" form must be filed with the 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. COMMUNITY SERVICES COMMISSION AGENDA DIVISION REPORTS FEBRUARY 13. 1995 COMMISSION BUSINESS 1. Aooroval of Minutes 1.1 Approve minutes of December 12, 1994 Community Services Commission meeting as submitted. 1.2 Approve minutes of January 9, 1995 Community Services Commission meeting as submitted. 2. Swim Team Agreement RECOMMENDATION: 2.1 That the Community Services Commission approve the Agreement between the City of Temecula Community Services Department and the Temecula Triton Swim Team, for use of the Community Recreation Center Swimming Pool. Santa Gertrudis Creek Trail - Final Agreement With Riverside County Flood Control RECOMMENDATION: 3.1 Approve the agreement between the City of Temecula and Riverside County Flood Control to utilize the Santa Gertrudis Channel Improvements for Recreational Trail purposes. COMMUNITY SERVICES DIRECTOR REPORT COMMUNITY SERVICES COMMISSION REPORT ADJOURNMENT The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, March 13, 1995, 7:00 P.M., at Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. MINUTES OF REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION MONDAY, DECEMBER 12, t994 A regular meeting of the City of Temecula Community Services Commission was called to order on Monday, December 12, 1994, at 7:00 P.M., in the Temecula City Hail Main Conference Room, 43174 Business Park Drive, Temecula, California. The meeting was cailed to order by Chairman Henry Miller. Chairman Miller led the flag salute. PRESENT: 4 COMMISSIONERS: Comerchero, Walker, Soltysiak, Miller ABSENT: 1 COMMISSIONERS: Nimeshein Also present were, Recreation Superintendent Herman Parker, Maintenance Superintendent Bruce Hartley, and Recording Secretary Barbara Maltby. PRESENTATIONS The Community Services Commission recognized the efforts of the following individuals and organizations. Chairman Miller presented a Certificate of Appreciation to: Community Services Department Employee, Julie Hills Commissioner Walker Chairman Miller declared a recess at 7:10 P.M. The meeting was reconvened at 7:13 P.M. PUBLIC COMMENT None DIVISION REPORTS Maintenance Superintendent Bruce Hartley reported the following: A snow frolic and breakfast with Santa was held on December 10, 1994. The Decoration of the City Float for the Electric Light Parade was completed by maintenance staff. The Commissioners Cup has been held. Renovation of the fields will start this week to prepare for Basebail season with the exception of Paioma Del Sol Park which will be done during the warm season due to the type of turf. COMMUNITY SERVICES COMMISSION December 12, 1994 Recreation Superintendent Herman Parker reported the following: The brochure for winter/spring of 1995 has gone to print with Graphics Unlimited in Temecula. The brochure will be direct mailed to all residents in Temecula approximately January 6, 1995. The Youth Basketball Association has started to play. The Fall Basketball League started December 6, 1995. A Chile and Cornbread cookoff at the Senior Center was held November 30, 1994. Approximately eight teens will be participating in the "Hot Shots" area finals held by Pepsi Cola on January 7, 1994. COMMISSION BUSINESS 1. Approval of Minutes It was moved by Commissioner Soltysiak, seconded by Commission Comerchero to approve the minutes of October 10, 1994 Parks and Recreation Commission as submitted. The motion carried as follows: AYES: 4 COMMISSIONERS: Comerchero, Walker, Soltysiak, Miller NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Nimeshein 2. Term of Office for Commissioners Community Services Director Shawn Nelson was not in attendance. Recreation Superintendent Heman Parker presented the staff report. After contacting eight (8) cities in the Riverside & San Diego Counties it was found that the three (3) year term that our Community Services Commissioners are appointed to represent the average for this area. The report was received and filed as recommended. 3. Capital Improvement Slams Report Recreation Superintendent Herman Parker presented the staff report. The report was received and filed as recommended. COMMUNITY SERVICES COMMISSION December 12, 1994 COMMUNITY SERVICES DIRECTOR REPORT Director Shawn Nelson was not present. There was no report. PARKS AND RECREATION COMMISSION REPORTS Commission Walker thanked everyone for their support during her term. Chairman Miller inquired about the responsibility for maintenance of Historical Sites. He stated that recent vandalization of the Lewis Wolf tomb has prompted the question of moving the tomb. Commissioner Comerchero asked if a list of all historical sites existing in the area is available. Commissioner Walker and Commissioner Comcrchero suggested establishing a Historical Committee or Commission. A~ournment Chairman Miller adjourned the meeting at 8:04 pm. The next regular meeting of the City of Temecula Community Services Commission will be held on Monday January 9, 1995, 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Secretary Chairman Miller MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION JANUARY 9, 1995 A regular meeting of the City of Temecula Community Services Commission was called to order on Monday, January 9, 1995, 7:00 P.M., at Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Henry Miller presiding. PRESENT: 4 ABSENT: 0 COMMISSIONERS: Comerchero, Nimeshein, Soltysiak, Miller COMMISSIONERS: None Also present were Community Services Director Shawn Nelson, Recreation Superintendent Herman Parker, Maintenance Superintendent Bruce Hartley and Recording Secretary Gall Zigler. PRESENTATIONS The Community Services Commission recognized the efforts of the following individuals and organizations. Chairman Miller presented a Certificate of Appreciation to: Dennis Armstrong, Assistant Engineer, City of Temecula PUBLIC COMMENT None DIVISION REPORTS Recreation Superintendent Herman Parker reported the following: The 1995 Winter/Spring Recreation Brochure was mailed January 5 and 6 to City of Temecula residents. January will be a busy month of registration and preparation for upcoming classes. Registration for the Adult Softball League will be held in February. Eight (8) individuals from the Old Town Temecula Senior Center have entered the Inland Valley Billlard League. The league is made up of entrants from the cities of Murrieta, Moreno Valley, Perris, Lake Elsinore and Temecula. The first tournament will be held Thursday, January 12, 1995, and sponsored by the City of Murrieta. Maintenance Superintendent Bruce Hartley reported the following: Staff has been spending most of this month working on storm related problems. COMMUNITY SERVICES COMMISSION MINUTES JANUARY 9, 1995 Renovations to the North and South fields at the Rancho California Sports Park have been completed. Staff is preparing for Little League season, Rancho Vista and Paloma Del Sol fields are currently being renovated. They will be seeded as weather permits. The tree trimming contract for TCSD slopes is on the January 10, 1995 City Council agenda for approval. COMMISSION BUSINESS 1. AuOrOval of Minutes Chairman Miller asked for corrections as follows: Page 2, third paragraph, replace Parks and Recreation Commission with Community Services Commission. Page 4, sub-heading, replace Parks and Recreation Commission with Community Services Commission. Commissioner Comerchero asked for corrections as follows: Page 4, second paragraph, replace "concert capping" with "concrete capping". Page 4, fourth paragraph, second sentence, delete "formed at the Community Recreation Center". It was moved by Commissioner Comerchero, seconded by Commissioner Soltysiak to approve the minutes of November 14, 1994 as amended. The motion carried as follows: AYES: 4 COMMISSIONERS: Comerchero, Nimeshein, Soltysiak, Miller NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Status of the Louis Wolf Grave Site Director Nelson presented the staff report. Chairman Miller explained it was brought to his attention that the Louis Wolf grave site has been damaged by vandalism. COMMUNITY SERVICES COMMISSION MINUTES JANUARY 9, 1995 Commissioner Nimeshein said he feels the Temecula Museum Foundation may be a good source to handle this issue, however, he is concerned that the City does not have established standards for the preservation of these types of sites. Director Nelson said the U.S. Department of Interior and UCR have acknowledged this site. He said he agrees there is a need for a program which promotes historical sites in Temecula. Chairman Miller said with the support of the Wolf family, he would like to volunteer to take this issue to the museum foundation. Mr. Norman Pico, Pico Corner, Pechanga Indian Reservation, grandson of Lois Wolf, said the family appreciates the assistance the City has given the family. He said he would work with the City to bring this issue to the museum foundation's attention. Commissioner Comerchero asked Mr. Pico if he would be willing to deed the property to the City. Mr. Pico said he is in the process of getting authorization from the family members to the deed the property to the City. Commissioner Nimeshein said he feels the City should assist in the historical preservation of these types of areas. Director Nelson said he agrees the City could get involved however, he would like to see the museum foundation take the lead. Commissioner Comerchero asked staff to follow-up on this issue with the museum foundation. It was moved by Commissioner Nimeshein, seconded by Commissioner Comerchero to appoint Chairman Henry Miller to serve as liaison to present this matter this issue forward to the museum foundation. The motion carried as follows: AYES: NOES: ABSENT: 4 COMMISSIONERS: 0 COMMISSIONERS: 0 COMMISSIONERS: Comerchero, Nimeshein, Soltysiak, Miller None None COMMUNITY SERVICES COMMISSION MINUTES ~IANUARY 9, 1995 Santa Gertrudis Channel Improvements - Aareement with Riverside County Flood Control Director Nelson presented the staff report. This item was a receive and file therefore no action was taken. COMMUNITY SERVICES DIRECTOR REPORT Director Nelson reported the following: Staff is currently preparing applications for CDBG funding. Kent Hintergardt, John McGee and Rancho California Sports Parks all qualify for CDBG funds for tot lot and ball field renovations. The award of the design contract for the Margarita Park site will go to the City Council on January 24, 1995. Staff will ask that two members of the Commission be appointed to work on the project committee at the February meeting. The public hearing for the Parkview Master Plan and Fire Station site will be held on January 24, 1995. A Council workshop will be held on January 17, 1995 and the joint Community Services Commission and Public/Traffic Safety Commission meeting will be held on January 19, 1995. COMMUNITY SERVICES COMMISSIONER REPORTS Commissioner Comerchero advised that he and Herman Parker met with Jean Sackin of the "Fine Arts Network" to discuss the program. Commissioner Comerchero said he feels it is a good program however, he expressed some concern regarding the cost. Superintendent Parker said he feels the City will be able to develop resources to offer this program to the community. ADJOURNMENT Chairman Miller declared the meeting adjourned at 8:20 P.M. The next meeting of the City of Temecula Community Services Commission will be held jointly with the Public/Traffic Safety Commission on Thursday, January 19, 1995, 6:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. COMMUNITY SERVICES COMMISSION MINUTES JANUARY 9,1995 The next regular meeting of the City of Temecula Community Services Commission will be held on Monday, February 13, 1995, 7:00 P.M., Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Henry Miller Secretary ITEM NO. 2 TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: FROM: DATE: Community Services Commission Shawn D. Nelson, Director of Community Services February 13, 1995 SUBJECT: Swim Team Agreement PREPARED BY: Herman D. Parker, Recreation Superintendent~'l'(~~, RECOMMENDATION: That the Community Services Commission: Approve the Agreement between the City of Temecula Community Services Department and the Temecula Triton Swim Team, for use of the Community Recreation Center Swimming Pool. DISCUSSION: The Temecula Tritons Swim Team has requested continued use of the Temecula Community Recreation Center Swimming Pool for youth competitive swim programs and activities. The Tritons are a local non-profit organization, (swim team) committed to promoting aquatic activities and competitive swim programs for youth. The Tritons organized and coordinated an extremely successful youth swim team during the Summer and Fall of 1994, participating in seven (7) swim meets and registering over forty-six {46) team members. In an effort to support the Temecula Triton Swim Team and their programs continued success and growth, staff has prepared the attached Agreement, "Between the City of Temecula Community Services Department and the Temecula Triton Swim Team". The proposed Agreement provides the Tritons use of the Temecula Community Recreation Center Swimming Pool from March 1 st through November 20th of each year, The proposed Agreement would become effective March 1, 1995 and terminate November 20, 1997, with a two (2) year renewal option. A minimal fee of ~)10.00 for each hour of use by the Tritons would be assessed to help defray costs associated with the pool's maintenance and operations. AGREEMENT BETWEEN THE CITY OF TEMECULA COMMUNITY SERVICES DEPARTMENT AND THE TEMECULA TRITONS SWIM TEAM This Agreement entered into on this day of , by and between the Community Services Department of the City of Temecula, hereinafter referred to as "City" and the Temecula Triton Swim Team, hereinafter referred to as "Tritons", mutually agree as follows: The City hereby grants permission to Tritons to use the Temecula Community Recreation Center Swimming Pool, hereinafter referred to as "Swimming Pool", located at 30875 Rancho Vista Road, Temecula, California. The Tritons may use the Swimming Pool from March 1st through November 20 of each year, at the times and under the terms hereinafter set forth. The term of this Agreement shall commence on March 1, 1995, and shall end on November 20, 1997, with a two (2) year renewal option, unless terminated sooner, for any reason, by either party upon thirty (30) days prior written notice to the other. The City shall at all times have first priority for the use of the Swimming Pool for City sponsored programs, activities and services. The Tritons shall schedule their dates and hours for using the Swimming Pool with the City on a seasonal basis. All Triton events and activities at the pool must be approved by the City. The Tritons shall pay to the City monthly rent, in the amount of $10.00 for each hour of use. Rent shall be due and paid to the City on the last day of each month the Tritons use the Swimming Pool. The payment of rent shall be accompanied by a detailed listing of each date and hour of use by the Tritons, for each month. During said dates of March 1st through November 20 of each year, Tritons shah provide at its sole cost such personnel as may be necessary to maintain adequate supervision and ensure safety at the Swimming Pool, locker rooms and adjacent areas for all Triton events and activities. In addition, Tritons shall provide the necessary lifeguards as required by state law or local ordinance. Said personnel shah be and are employees of Tritons and not the City. The Tritons shall be responsible for ensuring that the Swimming Pool, locker rooms and adjacent areas are clean, neat in appearance and free of Htter or debris after their use on a daily basis. 10. 11. 12. 13. 14. The Tritons, at its own cost and with prior written approval of the Director of Community Services, may install, erect or place limited or minor improvements in the Swimming Pool area, including scoreboards or announcement boards. Such improvements shall not be installed without prior written consent of the Director of Community Services. All such improvements which are attached to the building or deck shall become the property of the City upon termination of this Agreement. The Tritons shall be solely responsible for all purchases relative to its activities, and shall hold and save the City harmless therefrom. The Tritons shall be solely responsible for providing security for the Swimming Pool area; which security shall include the nightly locking of the security gates at said pool. The Tritons shall be responsible for removing the pool cover as necessary for usage, and replacing said cover upon the completion of said usage. The City shall provide normal maintenance to the Swimming Pool, deck, locker rooms, adjacent areas and water treatment. The City shall provide at its sole cost the necessary utilities for heat'mg, operation and use of the Swimming Pool and adjacent areas. The Tritons hereby agrees to defend, indemnify, protect and hold the City, its officers and employees hannless from and against all claims, damage, loss, cost or expense, including reasonable attorney's fees, arising out of or in any way resulting from the use and operation of the Swimming Pool during March Ist through November 20th by Tritons, excepting therefrom such times as the pool may be used by City for its programs and for the cost of any improvements Tritons may make to the Swimming Pool pursuant to paragraph 7. The Tritons shall secure and maintain during the term of this Agreement, public liability and property damage insurance as shall protect it from claims for damages for personal injury, including death, as well as for claims for property damage which may arise pursuant to operations under this Agreement. Such insurance shall include public liability insurance in amount not less than $1 million for injuries, including death, to any one person, and $2,000,000 on account of any one occurrence, and property damage insurance in an amount not less than $500,000. Policies or certificates evidencing the above required coverage shall be fried with the City and shall include the City, its elected officials, officers, employees and agents as an additional insured. The policies shall not be cancelled or materially changed without thirty (30) days prior written notice to the City. 15. The City reserves the right to increase the amounts of insurance coverage described hereinabove, and to require additional riders or provisions in said policies or certificates as may be deemed necessary, consistent with the purposes of this Agreement. The Tritons shall be responsible for any damage or destruction to the subject premises resulting from Tritons use thereof or failure to properly maintain security and shall return the subject premises to City, upon termination of this Agreement, in a clean and safe condition. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA TEMECULA TRITON SWIM TEAM Jeffery E. Stone Date President Mayor Date APPROVED AS TO FORM: City Attorney Date June S. Greek Date City Clerk ITEM NO. 3 Ms. Jeanne Morford Mobile Modular Management Corporation 770 McGrath Drive Corona, CA 91720 (909) 694-1989 o FAX (909) 694-1999 February 7, 1995 SUBJECT: MODULAR UNITS FOR CITY OF TEMECULA INTERIM FIRE STATION Dear Jeanie: Our City Attorney has reviewed the proposed lease and limited Power of Attorney for the lease of two modular units for use as an interim fire station in the City of Temecula. He has agreed to the use of the limited Power of Attorney and the conditions of the lease with the exceptions we discussed yesterday. Those exceptions are: 1. Please strike out and initial the "Personal Guaranty" provision. Paragraph 14 - please strike out "Santa Clara County", replace with "Riverside County" and initial. You had indicated that you could accommodate our request for these changes. Thank you for your help and cooperation. As we had also discussed, Paragraph 6 specifies use of the equipment as office space, light storage and classroom facilities only unless prior written authorization is obtained from Mobile Modular Management Corporation. As you know, we will be using the units as a temporary fire station with office as well as living quarters for fire personnel. Please provide written authorization for use of the equipment in this manner. We have also discussed that the term of the lease is for 12 months with a option for an additional 12 months on a month-to-month basis. We ask that the option period be so specified in the Lease document. ,'" Note 7671 ~aBfes~' ~ Thank you so much for all of your patience and assistance as we have worked through all the requirements necessary to complete this project. We are looking forward to a mutually beneficial and successful relationship. We will be taking the Lease Agreement forward to our City Council on February 14, 1995 for their approval. Upon our execution, we will return the documents to you for finalization. If you have any questions regarding the lease or any of the provisions for the units, please feel free to contact me. Sincerely, CITY OF TEMECULA P;;~ L. Ruse Senior Management Analyst CITY OF TEMECULA AGENDA REPORT FROM: DATE: Community Services Commission Shawn D. Nelson, Director of Community Services February 13, 1995 SUBJECT: Santa Gertrudis Creek Trail - Final Agreement With Riverside County Flood Control. PREPARED BY: I~" Beryl Yasinosky, Management Assistant RECOMMENDATION: That the Community Services Commission: Approve the agreement between the City of Temecula and Riverside County Flood Control to utilize the Santa Gertrudis Channel Improvements for Recreational Trail purposes. BACKGROUND: Subsequent to the Community Services Commission Meeting on January 9, 1995, staff is pleased to report that the City Attorney, Riverside County Counsel, and Flood Control have concurred upon the final format of a trail agreement which will provide for the recreational trail use of Assessment District 161 Channel Improvements within Santa Gertrudis Creek. A copy of this Agreement has been attached for your review. Pursuant to the Agreement, the City will be responsible for maintaining and developing the Santa Gertrudis Creek for non-motorized recreational trail uses that are compatible with the purpose of the flood control channel improvements. Although the County of Riverside has determined that the riparian corridor is not compatible with the proposed trail, the Agreement will insure that these uses are on opposite sides of the channel. Therefore, the recreational use of this facility will be concentrated on the south side of the channel improvements, which currently extend approximately two miles westerly from Joseph Road to Ynez Road. While this portion of the Santa Gertrudis Creek provides an integral portion of the City's future trail system, staff is also concerned about mitigating certain safety and liability issues that will be incurred by the City upon acceptance of this area. While most liability issues will be addressed by adding signage, striping, directional arrows and fencing in some areas, the utmost concern is that the proposed trail route crosses Winchester Road (Highway 79 North). Therefore, on January 12, 1995, staff met with Riverside County Transportation to discuss the viability of routing pedestrians and bicyclists under Winchester Road. Although it has been determined that an underpass could be constructed in concurrence with the widening of the new bridge, these improvements may be two years away. Until such time, staff has determined that trail users will be directed to cross Winchester Road at the traffic signal located at Nicolas Road. The Agreement will be forwarded to the TCSD Board of Directors for approval on February 28, 1995. Staff will forward the signed Agreement to the Riverside County Board of Supervisors for final approval. Upon notification of approval of the Agreement by Riverside County, the City will be able to begin enhancing the Channel for trail use. It is anticipated that the channel will opened by the City as a recreational trail no later than April 19, 1995. will opened by the City as a recreational trail no later than April 19, 1995. FISCAL IMPACT: There would be no costs associated with entering into a license agreement with Riverside County Flood Control for use of the channel. Maintenance costs are assumed to be limited to street sweeping at least once per week and patching of the asphalt paving as necessary. However, there would be costs associated with improving the channel for trail use. Costs for striping the asphalt access road are estimated at approximately 87,500 and will include a 4" solid white thermoplastic edgeline and a 4" yellow skip centerline. An additional 85,000 will be necessary to provide adequate signage and stenciling of the trail. For safety reasons, approximately 82,500 would be necessary to provide barricades in certain areas along the channel embankment, and to prevent motorized recreational vehicles from accessing the trail. Costs related to the proposed undercrossing at the future Winchester Road Bridge are unknown at this time. Upon completion of the trail improvements, this trail will be indemnified by the Insurance Company of the West. ATTACHMENTS: 1. Santa Gertrudis Creek Channel Agreement. 2. Community Services Commission Report dated 1/9/95. 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 25I 27 28 AGREEMENT REGARDING USE OF THE SANTA GERTRUDIS CREEK CHANNEL FOR RECREATIONAL PURPOSES The RIVERSIDE COUNTY FLOOD CONTROL kND WATER CONSERVATION DISTRICT, hereinafter referred to as "DISTRICT", and the CITY OF TEMECULA, hereinafter referred to as "CITY", hereby agree as follows: RECITALS DISTRICT owns and operates the SkNTA GERTRUDIS CREEK C~EL, including the access roads adjoining the CH3kNNEL, hereinafter referred to as CHANNEL located in the City of Temecula. CHANNEL is an essential and integral part of DISTRICT'S collection and disposal system of flood and surface waters within the area. allowing compatible uses by CITY for recreation purposes. In order to provide for public use of CHANNEL, agreeable to provide maintenance made necessary by CITY'S recreational use of CHANNEL and to develop the property for recreational use which CHANNEL. This use is sporadic in nature, thereby CITY is is compatible with the primary purpose of The County of Riverside, acting on behalf of Assessment District 161, has constructed or will construct a riparian mitigation corridor in the bottom of C}{A/qNEL as mitigation for vegetation removed during CHANNEL construction. The County of Riverside has the obligation to install, maintain and monitor said corridor for a period of five years after -1- 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 installation or until such time as the regulatory agencies that required the corridor relieve the County of such responsibility. The riparian corridor and recreational uses proposed under the agreement are not compatible, overlapping uses and are intended to occur on opposites sides of the channel bottom. AGREEMENT IT IS AGREED by the parties as follows: 1. DISTRICT agrees: A. To grant to CITY a license to use said CHANNEL for recreational purposes which are not incompatible with DISTRICT'S primary flood control purpose and which do not interfere with or impair the DISTRICT'S ability to operate and maintain CHANNEL or any of its appurtenant works. Said license shall remain in effect indefinitely so long as CITY'S use of CHANNEL right of way is so limited. B. To give written notice to CITY of any use being made of CHANNEL right of way by CITY not in conformity with this agreement or which could adversely affect flood control functions of CHANNEL, and grant to CITY thirty (30) days from and after such notice to correct any such nonconforming use. C. To perform maintenance resulting from DISTRICT'S operation of CHANNEL. -2- 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY agrees: A. That prior to any modification of CHANNEL to submit to DISTRICT plans for any work and/or improvements to CHANNEL for review and approval and to pay DISTRICT the cost of reviewing said plans. B. To assume the obligation to provide any maintenance associated with CITY'S use of CHANNEL and all liability in conjunction with the recreational use including claims of third persons for injury or death or damage to property. Said obligation shall not include any inverse condemnation liability of DISTRICT by reason of the location of CHANNEL or DISTRICT'S improvements thereto unless such liability is the result of CITY'S operations or use of the property by the public pursuant to CITY'S actual or tacit consent. C. In exercising its right to use CHANNEL for recreational purposes not incompatible with the primary purpose of CHANNEL, CITY may install such improvements and/or equipment therein as it deems appropriate for the said recreational purposes. D. If CITY should install any improvements and/or equipment or if CITY uses or allows use of -3- 1 4 5 7 8 9~ 10 11 14 15 16 17 18 19 20 21 22 2~ 24 25 26 I~ 28 E % CHANNEL which, in the opinion of the General Manager-Chief Engineer, would be detrimental to the operation of CHANNEL, it will, upon written request of the General Manager-Chief Engineer, remove said improvements and/or equipment or cease said use. In conjunction with said improvements and/or equipment, CITY waives any right it may from time to time have against DISTRICT for damage to such improvements and personalty from time to time situated in CHANNEL that results from the operation and use of CHANNEL by DISTRICT. In its use of CHANNEL under the rights herein granted, CITY agrees to promptly repair any damage occurring to DISTRICT'S improvements within CHANNEL, unless such damage is caused by DISTRICT'S operation, maintenance or improvements to its facilities within CHANNEL property. IT IS MUTUALLY agreed that: Each party hereto shall indemnify, defend, hold harmless the other party of and from any and all save and liability, claims, demands, debts, losses or suits for damages to other parties for personal injury or property damage, arising out of or in any manner connected with the performance of the duties and obligations of such indenunifying party hereunder. lO ll 16 !8 19 20 22 2~ 2B 26 28 1 3 4 5 6 7 8 9~ Any and all notices sent or required to be sent to the parties to this agreement will be mailed to the following addresses: RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT 1995 Market Street Riverside, CA 92501 // // CITY OF TEMECULA CITY CLERK 43174 Business Park Drive Temecula, CA 92591 -5- 6 7 8 9 10 11 212 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 IN WITNESS WHEREOF, the parties hereto have executed this agreement on (to be filled in by Clerk of the Board) RECOMMENDED FOR APPROVAL: RIVERSIDE COUNTY FLOOD CONTROL i~ND WATER CONSERVATION DISTRICT KENNETH L. EDWARDS General Manager-Chief Engineer By: CHAIRYd~N, BOARD OF SUPERVISORS APPROVED AS TO FORM: WILLIAM C. KATZENSTEIN County Counsel By: Deputy Dated: APPROVED AS TO FORM: PETER THORSON City Attorney By: Deputy Dated: DFG:bjp rcfc\257 30jan95 ATTEST: GERALD A, I!ALONEY Clerk of the Board By: Deputy (SEAL) CITY OF TEMECLrLA By: RON ROBERTS, Mayor ATTEST: JUNE GREEK City Clerk By: Deputy (SEAL) _6_ TO: FROM: DATE: CITY OF TEMECULA AGENDA REPORT Community Services Commission Shawn D. Nelson, Director of Community Services January 9, 1995 SUBJECT: Santa Gertrudis Channel Improvements - Agreement With Riverside County Flood Control. PREPARED BY: ~'~ RECOMMENDATION: Beryl Yasinosky, Management Assistant That the Community Services Commission: Receive and file this report regarding the proposed agreement between the City of Temecula and Riverside County Flood Control to utilize the Santa Gertrudis Channel Improvements for Recreational Trail purposes. BACKGROUND: Assessment District 161 recently completed channei improvements within the Santa Gertrudis Creek and is currently in the process of transferring the responsibility of this channel to Riverside County Flood Control. As part of the improvements, the District constructed asphalt paved access roads atong the upper embankment of the channel. During the approximate two years of construction activity, the roadways remained open for heavy equipment. Subsequently, the access roads also became a favorite route of travel for pedestrians, joggers and bicyclists living in the area. Now that the transfer of the channel from the District to F1ood Control is imminent, Flood Control has made it clear that they intend to dose the channel to the public unless an agreement can be reached with the City to leave this area open for non-motorized recreational trail use. City staff has traveled the site with representatives of Riverside County Flood Control, Supervisor Bob Buster's Office, Riverside County Parks Commission and several private citizens, The asphalt paved access road on the south side of the channel is approximately fifteen (15) feet wide and three (3) miles long. It extends westerly from Joseph Road to Ynez Road, with the possibility of continuing to Murrieta Creek. While we visited the site, we witnessed numerous individuals using the access road as a recreational trail. The Environmental Impact Report for Assessment District 161 indicates that the Board of Supervisors intended on keeping this channel open for recreational use. However, since the channel is within the City limits, the Riverside County Regional Parks District has no jurisdiction over this area. Therefore, if the channel improvements are to be made available to the public, the City must enter into an agreement with Flood ControJ to maintain the area and assume the resulting liability. While much enthusiasm exists about keeping this area open for recreational trail purposes, staff js also concerned about the liability issues that will be incurred by the City upon acceptance of this area. Therefore, staff toured the site with the City's Risk Management representative. In a letter dated October 10, 1994, recommendations included the installation of signage, striping and directional arrows, and fencing in some areas. Of upmost concern is the fact that the proposed trail route crosses several roadways, including Winchester Road {Highway 79 North). Currently, citizens are crossing these roadways at their own risk. Staff anticipates positive results from a meeting scheduled January 12, 1995, with the Riverside County Transportation Office to determine if the future bridge widening at Winchester Road can accomodate the addition of a ramp that would route pedestrians and bicyclists under this roadway. In the meantime, staff is reviewing the possibility of directing pedestrians and bicyclists to the temporary stop light at Nicolas Road in order to provide a safer crossing at Winchester Road. Pursuant to the Park and Recreation Master Plan, the Santa Gertrudis Creek plays an intergral part in the City's future trail system by providing a major link to Murrieta Creek and the Riverside County Regional Trail Program, The channel is near several large housing developments and is also adjacent to the new high school that is currently under construction. The necessity of the channel to control flood and surface water is sporadic in nature, and would allow for compatible use by the public for non-motorized recreational trails. Upon mitigation of the aforementioned safety issues, the channel lends itself to serve a dual purpose for the community. The City Attorney is currently reviewing the Agreement proposed by Flood Control, In addition, staff is determining the necessary improvements that will be required in order to mitigate the costs associated with the liabililty of assuming this area for recreational trail use. It is anticipated that the format of the Agreement will be finalized with Flood Control and the City Attorney for your review at the next Community Services Commission Meeting on February 13, 1995,