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HomeMy WebLinkAbout060903 CSC AgendaAGENDA TEMECULA COMMUNITY SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, June 9, 2003 6:00 P.M. CALLTO ORDER: FLAG SALUTE: ROLLCALL: PRESENTATIONS: Chairman Tom Edwards Commissioner Yorke Henz, Hogan, Yorke, Meyler, Edwards Tony Almodovar, Recreation Staff Janet Yorke, Commissioner 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. R:\CSCAGEND\060903 .doc DIVISION REPORTS COMMISSION BUSINESS Vail Ranch Middle School Joint Use A.qreement - LiRhtin.q Project RECOMMENDATION: 2.1 That the Community Services Commission approve the Joint Use Agreement between the Temecula Community Services District and the Temecuia Valley Unified School District for lighting and use of the eight (8) basketball courts at Vail Ranch Middle School 2. Teen Pro.qram RECOMMENDATION: 3.1 That the Community Services Commission received and file this report regarding the Temecula Teen Council and City sponsored teen programs in Temecula. COMMUNITY SERVICES DIRECTOR'S REPORT COMMUNITY SERVICES COMMISSIONER'S REPORTS ADJOURNMENT That the Community Services Commission adjourn to the regularly scheduled meeting on Monday, July 14, 2003, 6:00 pm at Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, CA 92592. R:\CSCAGEND\060903 .doc ITEM NO. 1 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Community Services Commission Herman Parker, Director of Community Servic~ June 9, 2003 Vail Ranch Middle School Joint Use Agreement - Lighting Project RECOMMENDATION: That the Community Services Commission approve the Joint Use Agreement between the Temecula Community Services District and the Temecula Valley Unified School District for lighting and use of the eight (8) basketball courts at Vail Ranch Middle School. BACKGROUND: Over the years, the Community Services Department has worked closely with the Temecula Valley Unified School District to joint use a variety of athletic facilities. The majority of these joint use agreements provide benefit to the school district by enhancing district facilities with lights or other athletic equipment, and also provides great benefit to the Community Services Department by providing additional areas for the community to practice athletics and participate in other recreation pursuits. This joint use agreement would allow the TCSD to utilize the eight (8) basketball courts at Vail Ranch Middle School for recreational purposes after 4:00PM, Monday - Friday, and at all other times that school is not in session. This agreement would install Iow intensity lighting on all eight of the basketball courts at the Vail Ranch Middle School and allow the general public to use these courts for youth basketball league practices and recreational basketball. The City of Temecula would maintain the lights on the basketball courts, provide litter removal, pay all utility costs for the lights and also provide periodic re-striping of the basketball courts on an as needed basis. The agreement would be for a term of 40 years, beginning on the date approved by the City Council. The agreement can be amended at any time by mutual consent of both parties. Currently the TCSD has lighted basketball courts at Pala Community Park only. There are other outdoor basketball courts at Temeku Hills Park and Winchester Creek Park, however these courts do not have lights. During the youth basketball season, when sunset is approximately 6:00pm, there is a great demand for lighted basketball courts for practice. The lights that are proposed to be installed are Iow intensity light fixtures. These fixtures are what one would typically find in a parking lot or on lighted tennis courts. A total of $150,000 has been identified in the 5 year CIP for this project. AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF A PORTION OF VAIL I~NCH MIDDLE SCHOOL THIS AGREEMENT is made and entered into as of July 1, 2003, and between the Temecula Community Services District, a municipal corporation ("TCSD"), and the Temecula Valley Unified School District ("District"). In consideration of the mutual promises and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. This Agreement is entered into with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the parties: a. Chapter 10 of Division 1 of the Education Code, commencing with Section 10900, authorizes public school districts and cities to cooperate with one another for the purpose of authorizing, promoting and conducting programs of community recreation which will contribute to the attainment of general recreational and educational objectives for children and adults of the State. In this regard, school districts and cities may enter into agreements with each other to aid and cooperate in carrying out these objectives. The governing body of any school district is authorized by these provisions to use the buildings, grounds, and equipment of the district, or any of them, to carry out the recreational and educational objectives, or may grant the use of any building, grounds, or equipment of the district to any other public authority for such purposes, whenever the use of the buildings, grounds, or equipment for community recreational purposes will not interfere with use of the buildings, grounds, and equipment for any other purpose of the public school system. Accordingly, the district is authorized to enter into the Agreement with the TCSD; b. District is the owner of certain real property within the City of Temecula, known as the site fbr proposed Vail Ranch Middle School, located at 33340 Canfino Piedra Rojo, Temecula California. c. District and TCSD desire to jointly develop and utilize a portion of Vail Ranch Middle School for park, recreational and education purposes benefitting the citizens of Temecula; and d. The portion of the Vail Ranch Middle School to be developed and used for tbese joint purposes is approximately .5 acres consisting generally of basketball courts and parking lots located on the Vail Ranch Middle School property and is legally described and depicted on Exhibit A., attached hereto and incorporated herein by this reference (hereafter the "Property"). 2. Use of Property as Park. District hereby grants to the TCSD a license to use the Property as a public park in accordance with the terms and restrictions as set forth in this Agreement and the ordinances, rules and regulations of the City of Temecula and the Temecula Community Services District governing the use of parks. 3. Term of Agreement. The term of this Agreement shall be for a period of forty (40) years beginning July 1, 2003 and shall terminate June 30, 2043; provided, however, that this Agreement may be amended at any time by mutual consent of both parties. 4. Apportionment of Use of Property by TCSD and District. The Property shall be used for school purposes as a part of the Vail Ranch Middle School by the District during the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday except on School Holidays, and during such other hours as are required to carry out normal school purposes, including activities scheduled pursuant to the District's calendar of events, which calendar shall be prepared and sent to the TCSD prior to the beginning of each school year. At all other times, the Property shall be used for public park purposes by the TCSD and subject to such park rules and regulations for the use of the park as the TCSD may enact. 5. Improvement of the Proper .ty. The TCSD will construct and install lights on the Property for the basketball courts at is sole cost and expense. In constructing such facilities TCSD shall comply with all applicable federal and state laws in connection with its construction and installation of the improvements, including the Field Act and the California Environmental Quality Act. 6. TCSD Maintenance Responsibilities. During the term of this Agreement, the TCSD shall, at its sole expense, perform the following maintenance on the Property and the improvements which currently exist upon it or which are to be constructed upon the Property pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules approved by the Director of Community Services of the City and the District. a. Maintain the lights for the basketball courts; Property; Remove litter from the Property following TCSD events on the c. Maintain all park and recreational facilities installed by the TCSD pursuant to this Agreement; and d. Pay for all utility costs of ball field lighting and other facilities installed or constructed by the TCSD pursuant to this Agreement. basis. Pay for re-striping of basketball court markings on an as needed R:\RUSEP\CONTRACTXTVUSI) joint usc-Vail Ranch Middle School. DOC 2 7. School District Maintenance Responsibilities. During the term of this Agreement, the District shall, at its sole expense, unless otherwise provided herein, perform all maiotenance on the Property and the improvements which is not being performed by the TCSD pursuant to Section 6 of this Agreement, in accordance with reasonable maintenance standards for park and recreational facilities. 8. Indemnification a. TCSD agrees to hold harmless, defend, and indemnify District against all actions, claims, or demands for injury, death, loss or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the negligent acts or omissions of District, its agents, servants, or employees), whenever such injury, death, loss or damage is a consequence of, or arises out of, or is incidental to, the use or maintenance of the Property by TCSD or any other persons or parties (other than District) authorized to so use or lnaintain the Property by TCSD pursuant to this Agreement. b. District agrees to hold harmless, defend, and indemnify TCSD and City of Temecula against all actions, claims, or demands for injury, death, loss, or damages, regardless of fault or cause, by anyone whomsoever (except where such injury, death, loss, or damage was solely due to the negligent acts or omissions of TCSD, its agents, servants, or employees), whenever such injury, death, loss, or damage is a consequence of, or arises out of, or incidental to, the use or maintenance of the Property by District or any other persons or parties (other than TCSD) authorized to so use the Property by District pursuant to this Agreement. 9. Defaults and Remedies a. Subject to the extensions of time set approved in writing by a party, failure or delay by either party to perform auy term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall give written notice of default to the other party, specifying the default complained of. b. The claimant shall not institute proceedings against the other party nor be entitled to damages if the other party within fourteen (14) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy within thirty (30) days from the date of receipt of such notice. Such cure, correction and remedy shall include payment of any costs, expenses (including attorney fees) or damages incurred by the non-defaulting party resulting from the default or during the period of default. c. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the R:\I~.USEI~\CONTI~.AC'I~I'VUSI) joint usc-Vail Ranch Middle School. DOC 3 same or different times, of any other rights or remedies for the same default or any other default by the other party. d. Any failure or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. e. If a default is not fully cured by the defaulting party as provided in this Paragraph, the defaulting party shall be liable to the other party for any damages caused by such default, and the nondefaulting party may thereafter (but not before) commeuce an action for damages against the defaulting party with respect to such default. f. If a default under this Agreement is not fully cured by the defaulting party as provided in this Section, the nondefaulting party at its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. g. In the event litigation is filed by one party against the other to enforce its rights ander this Agreement, the prevailing party, as determined by the Court's jndgment, shall be entitled to reasonable attorney tees and litigation expenses tbr the relief granted. 10. Force Maieure. Except as otherwise expressly provided in this Agreement, if the performance of any act required by this Agreement to be performed by either District or TCSD is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time lbr performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this Section shall excuse the prompt payment by a party as required by this Agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 1 I. Notices to Parties. Writteu notices, demands and communications among the District and TCSD, shall be sufficiently given by personal service or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the District or TCSD as follows: District: Temecula Valley Unified School District 31350 Raucho Vista Road Temecula, California 92592 Attention: Superintendent R:\RUSEP\CONTRAC'ISTVUSD jllint use-Vail Ranch Middle School DOC 4 TCSD: City of Temecula 43200 Business Park Drive Temeeula, California 92590 Attention: City Manager Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section. 12. Agreement Binding on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 13. Assignment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party; provided, however, that TCSD may assign all or part of the benefits and obligations of this Agreement to the Temecula Community Services District without further consent of the District. 14. Sole and Only Agreement. This Agreement constitutes the sole and only agreement between District and TCSD respecting the joint use of the Property for school and park purposes. Any agreements or representations, either oral or written, respecting the matters discnssed in this Agreement pertaining to the Property which are not expressly set tbrth in this Agreement are null and void. 15. of this Agreement. Time of Essence. Time is expressly declared to be of the essence 16. AuthoriW to Execute. Each person executing this agreement expressly warrants and represents that he or she has the authority to execute this Agreement on behalf of his or her governmental entity and warrants and represents that he or she has the authority to bind his or her entity to the performance of its obligations hereunder. 17. Insurance. Each party to this Agreement shall carry public liability insurance in a reasonable amount satisfactory to the other party to protect itself and the other party, its officers, agents, servants, and employees, against claims for damage to persons and/or property, including death, arising from that party's use of the Property as provided in this Agreement. The tbrm of the insurance shall be satisfactory to the other party and may include sell-insurance at levels reasonably acceptable to the other party. 18. Termination. This Agreement may be terminated by the District on eight (8) months prior written notice to TCSD provided that: (1) the Board of Trustees R:\RUSEP\CONTRACTXTVUSDjoint usc-Vail Ranch Middle School DOC 5 of the District determines in writing that the Property and the improvements thereon are needed for educational purposes; and (2) if the Agreement is to be terminated within ten (10) years of the date of this Agreement, District pays to TCSD a sum equal to fifty percent (50%) of the costs incurred by TCSD in constructing the improvements described in this Agreement. IIII IIII R:\RUSEP\CONTRACTXTVUSD joint use-Vail Ranch Middle School. DOC 6 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT President of School Board Attest: Secretary to the School Board Approved as to Form: Counsel to District TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney R:\RUSEP\CONTRACI\TVUSDjoint use-Vail Ranch Middle School. DOC 7 ITEM NO. 2 CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: Community Services Commission Herman D. Parker, Director of Community Servic s~, June 9, 2003 Teen Program PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Community Services Commission: Receive and file this report regarding the Temecula Teen Council and City sponsored teen programs in Temecula. DISCUSSION: The primary purpose of the Teen Council is to allow teen representatives from each of the local schools the opportunity to assist in planning, programming and implementing teen activities sponsored by the City. The City believes that if local teens play an active role in determining the types of programs offered to them, program participation will be of interest and that the greatest needs of the teen population will be served. The Teen Council continues to actively plan, program and implement special events and programs at the Temecula Community Recreation Center, as well as at other off-site facilities. Senior Recreation Leader Suzie McVey is here tonight to provide the Commission with information regarding teen events and programs.