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HomeMy WebLinkAbout011204 CSC Agenda AGENDA TEMECULA COMMUNITY SERVICES COMMISSION TO BE HELD AT TEMECULA CITY HALL MONDAY, JANUARY 12,2004 6:00 P.M. CALL TO ORDER: Chairman Felicia Hogan FLAG SALUTE: Commissioner Fox ROLL CALL: Edwards, Fox, Henz, Meyler, Hogan PRESENTATIONS: COMMUNITY SERVICES COMMISSION CHAIRMAN 2002-2003 2004 RECYCLING CALENDAR CONTEST WINNERS 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 Community Services Commission Secretary before the item is addressed by the Commission. There is a three (3) minute time limit for individual speakers. R:\CSCAGENDlOI1204.doc DIVISION REPORTS COMMISSION BUSINESS 1. Commission Meetina Minutes RECOMMENDATION: 1.1 1.2 2. That the Community Services Commission approve the minutes of the November 10,2003 meeting. That the Community Services Commission approve the minutes of the December 12,2003 meeting. Amendment No.2 to the Temecula Elementarv School Joint Use Aareement RECOMMENDATION: 2.1 3. That the Community Services Commission approve in substantial form Amendment No.2 to the Temecula Elementary School Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. Amended and Restated Master Joint Use Aareement Between the City of Temecula and the Temecula Valley Unified School District RECOMMENDATION: 3.1 That the Community Services Commission approve in substantial form the Amended and Restated Master Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. 4. Library Grant Update RECOMMENDATION: 4.1 That the Community Services Commission receive and file a report concerning the status of the Temecula Public Library Project. R:\CSCAGENDlOI1204.doc ADJOURNMENT That the Community Services Commission adjourn to a special meeting on Friday, January 23, 2004, 8:30 am at Temecula City Hall Main Conference Room, 43200 Business Park Drive, Temecula, CA 92592, for the purpose of a park tour. The next regular meeting of the Community Services Commission will be held on Monday, February 9, 2004, 6:00 pm at Temecula City Hall Council Chambers, 43200 Business Park Drive, Temecula, CA 92592. R:\CSCAGENDlOI1204.doc ITEM NO.1 "","CAG'NOmMNO.'HL MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION NOVEMBER 10, 2003 CALL TO ORDER The City of Temecula Community Services Commission convened in a regular meeting at 6:00 p.m., on Monday, November 10, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Meyler led the audience in the Flag salute. ROLL CALL Present: Commissioners Hogan, Meyler, Henz, and Chairman Edwards. Absent: None. SWEARING IN CEREMONY City Clerk Jones duly swore in the newly appointed Community Services Commissioner, Ms. Charlotte Fox. PUBLIC COMMENTS No comments. DIVISION REPORTS Development Services Administrator McCarthy provided a brief overview of the various projects in process, noting the following: That work on the interior space for the Children's Museum Exhibits has begun; That the 90 percent plan submittal for Wolf Creek Sports Complex was brought in for City review; That the Household Hazardous Waste Round-up and Community Clean-up Event was held last Saturday, November 28, 2003; that 73 tons of trash were collected; 200 gallons of motor oil were collected; and 27 gallons of anti-freeze; and 65 car batteries were collected; . That the City has received a library grant in the amount of 8.5 million; R: CSC/minutes/111003 For Commissioner Henz, Development Services Administrator McCarthy relayed that Deputy Director Ruse will be bringing a more definitive timeline of the library project to the Commission in January; and that the Children's Museum has been completed. Recreation Superintendent Pelletier provided an update on the recreational activities in the City, commenting as follows: That the Halloween and Harvest Family Carnival was held Friday, October 24, 2003, at Margarita Community Park; That all in attendance had a great time; . That staff observed that there was greater participation in the evening hours versus late afternoon, early evening hours event held last year; and that in the future, this event will be scheduled as an evening event. Ms. Pelletier thanked the Commission for its participation in judging the costume contest. That the holiday calendar for upcoming events wll be as follows: 0 Holiday Tree lighting on Wednesday, December 3, 2003; 0 Temecula Electric Light Parade on Thursday, December 4, 2003; 0 Holiday Lights and Festive Sights on Monday, December 8, 2003; 0 Winter Wonderland on Saturday, December 13,2003; 0 Electric Light bus tours on Sunday, December 14, and Wednesday, December 17,2003; . A holiday calendar was distributed to the Commission; Commissioner Henz suggested a contest for the longest scream (Halloween and Harvest family carnival). For Commissioner Henz, Ms. Pelletier confirmed that in January 2004, a full update regarding the Mary Phillips Senior Center will be brought to the Commission. Maintenance Superintendent Harrington provided a brief overview of various items the Maintenance Division has addressed since the Commission last met, noting the following: That the pool heater at Temecula Elementary School swimming pool was serviced; . That the interior lighting system retrofit at the Temecula Community Center was completed; That the gym floor was resurfaced; R: CSC/minutes111003 That the annual day light savings time parking lot lighting repairs and timer adjustments was completed; That the semi-annual roof top maintenance program at all City facilities were completed; That an agreement was executed with weatherproofing technologies to complete the restoration of the multi-purpose room roof and kitchen roof at the Mary Phillips Senior Center. For Commissioner Henz, Mr. Harrington relayed that the Mary Phillips Senior Center roof project will only be a restoration, not a complete tear-off; that there was no impact from the fires; and that the sports fields are renovated in the summer and winter. CONSENT CALENDAR 1. Approval of the Communitv Services Commission Minutes RECOMMENDATION: 1.1 That the Community Services Commission approve the minutes of the September 8, 2003, Commission meeting. 1.2 That the Community Services Commission approve the minutes of the October 13, 2003, Commission meeting. MOTION: Commissioner Henz moved to approve Consent Calendar Item Nos. 1.1. plus 1.2. Commissioner Hogan seconded the motion voice vote reflected approval with the exception of Commissioner Meyler who abstained on Item No. 1.2 and Fox who abstained on Item No. 1.1 and 1.2. COMMISSION BUSINESS 2. Election of Chairperson and Vice Chairperson RECOMMENDATION: 2.1 Elect a member of the Community Services Commission to serve as Chairperson from November 1, 2004, to October 31, 2004. 2.2 Elect a member of the Community Services Commission to service as Vice Chairperson from November 1, 2004, to October 31, 2004. MOTION: Commissioner Meyler moved to appoint Commissioner Hogan as Chairwoman to the Community Services Commission. Commissioner Henz seconded the motion and voice vote reflected unanimous approval. MOTION: Commissioner Henz moved to appoint Commissioner Meyler as Vice Chairman to the Community Services Commission. Chairwoman Hogan seconded the motion and voice vote reflected unanimous approval. At this time, newly appointed Chairwoman Hogan presided over the meeting. R: CSC/minutes111003 3. Namina of Communitv Park - Harveston Specific Plan RECOMMENDATION: 3.1 That the Community Services Commission recommend a name for the 19.5-acre community park in the Harveston Specific Plan to the Board of Directors for approval. Development Services Administrator McCarthy presented a staff report (as per agenda material), noting the following: That the park will include two dedicated full-sized lighted soccer fields; two lighted ball fields with 90' bases; age appropriate play areas; a group picnic area; community building; restroom/concession/ maintenance building; parking with approximately 300 spaces; benches; tables; and drinking fountains and walkways. . That the Commission recommend/suggest and approve a name for this park which will then be forwarded to the Board of Directors; That the Commission consider the names Harveston Community Park and Kaiser Park. After a brief discussion by the members of the Community Services Commission, the following motion was made: MOTION: Commissioner Edwards moved to recommend the name "Harveston Community ParK'. Commissioner Henz seconded the motion and voice vote indicated unanimous approval. 4. Vail Ranch Middle School Basketball Court Liahtina and Joint-Use Aareement with Temecula Vallev Unified School District RECOMMENDATION: 4.1 That the Community Services Commission approve in substantial form the Vail Ranch Middle School Basketball Court Lighting and Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. Director of Community Services Parker presented a staff report (as per agenda material), relaying that this agreement would allow the following: That eight (8) full basketball courts would be available for youth league and public use after school hours through the week and on the weekends, except for previously scheduled school events; . That the City would be responsible for the planning, engineering, and installing the lighting system; . That the City would be responsible for all the maintenance of the lighting system and associated utility costs; R: CSC/minutes111003 4 That the City would work with the youth basketball organization and park users to ensure that litter will be picked up after use; . That a small parking lot adjacent to the basketball courts will be utilized for public parking. For Chairwoman Hogan, Mr. Parker relayed that there would not be any neighbors that would be directly affected by the additional lighting and that although it would not be a requirement, property owners within 600 feet of the school will be noticed of the public hearing. For Commissioner Edwards, Mr. Parker advised that point lighting will be installed and that the lights will automatically shut off at 10:00 pm. For Commissioner Henz, Mr. Parker relayed that there will be some modifications to the gate entrance and that the City would not foresee any lock/gate problems. MOTION: Commissioner Meyler moved to approve in its substantial form the Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. Commissioner Edwards seconded the motion and voice vote indicated unanimous approval. COMMUNITY SERVICES DIRECTOR'S REPORT Director of Community Services Parker noted that in January Deputy Director Ruse will be bringing an update with regard to the Mary Phillips Senior Center and that the next Community Services Commission meeting will be held on Monday, December 8, 2003, at 5:00 p.m. not 5:30 p.m. and that dinner will be provided after which the Commission will board the bus for the judging of the holiday lights. COMMUNITY SERVICES COMMISSIONER'S REPORTS Outgoing Chairman Edwards relayed his enjoyment and pleasure to have worked with staff and his fellow Commissioners and congratulated newly appointed Chairwoman Hogan on her new position. Commissioner Meyler commended Deputy Director Ruse for all her hard work and dedication in regard to the library grant and distributed a copy of a survey that he received from the Parks and Recreation Department in Costa Mesa. In response to Commissioner Meyler, Director of Community Services Parker noted that the Master Plan of each City Park is reviewed by to the Community Services Commission and that the Planning Commission has no involvement in the designing of City parks. For Commissioner Henz, Mr. Parker noted that staff will be coordinating the TDS agreement with another agreement, that it will be ready in January or February. For Commissioner Henz, Mr. Parker relayed that he would schedule a park tour for the Commission in early January. Commissioner Fox relayed that she is honored to be a part of the Community Services Commission. R: CSC/minules111003 Commissioner Meyler relayed that he had enjoyed judging the posters. ADJOURNMENT At 6:53 p.m., Chairwoman Hogan formally adjourned this meeting to Monday, December 8, 2003, at 5:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Felicia Hogan, Chairwoman Herman D. Parker, Director of Community Services R: CSC/minutes111003 MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA COMMUNITY SERVICES COMMISSION DECEMBER 8, 2003 CALL TO ORDER The City of Temecula Community Services Commission convened in a regular meeting at 5:00 p.m., on Monday, December 8, 2003, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE Commissioner Edwards led the audience in the Flag salute. ROLL CALL Present: Commissioners Fox, Henz, Edwards, and Vice Chairman Meyler. Absent: Chairwoman Hogan PUBLIC COMMENTS No comments. Commissioner Henz relayed that the Electric Light Parade was a huge success and congratulated staff on a great job. Director of Community Services Parker stated that there were 96 entries in the Electric Light Parade. Commissioner Henz is of the opinion that more buses should be added to the Electric Light Bus Tour. For Commissioner Fox, Director of Community Services Parker relayed that he would inquire as to why the Youth Task Force at the Boys and Girls Club was cancelled. COMMISSION BUSINESS 1. Holidav Liahts and Festive Siahts Bus Tour and Judaina RECOMMENDATION: 1. 1 That the Community Services Commission participate and judge the entries in the Holiday Lights and Festive Sights contest. R: CSC/minutes/120803 ADJOURNMENT At 5:05 p.m., Vice Chairman Meyler formally adjourned this meeting to a special meeting on Friday, January 9, 2004, 8:30 a.m. at the Temecula City Hall Main Conference Room, 43200 Business Park Drive, Temecula, CA 92592, for the purpose of a park tour. The next regular meeting of the Community Services Commission will be held on Monday, January 12, 2004, at 6:00 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula. Felicia Hogan, Chairwoman Herman D. Parker, Director of Community Services R: CSC/minutes120803 ITEM NO.2 R'CSCAG'NOmMNo'HL CITY OF TEMECULA AGENDA REPORT TO: FROM: Community Services Commission ~ Herman Parker, Director of Community servicV', January 12, 2004 DATE: SUBJECT: Amendment No.2 to the Temecula Elementary School Joint Use Agreement PREPARED BY: ~YPhyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission approve in substantial form Amendment No.2 to the Temecula Elementary School Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. BACKGROUND: In December 1996, the District and the TSCD entered into a Joint Use Agreement (Agreement) for the use of the ball fields and swimming pool at Temecula Elementary School as public park facilities during non-school hours. Use of these facilities allows the TCSD to offer additional sports and learn-to-swim opportunities to the community. The Agreement provides for the City to pay $8,000 to the District annually as an offset to the costs of athletic field maintenance, repairs and upkeep. The District no longer has any need for the pool at TES. However, the TCSD still offers a full complement of learn-to-swim classes and other aquatic programs at the TES venue. Without the TES pool, the TCSD would be unable to meet the current number of swim lessons offered to the community each season and other aquatic opportunities throughout the year. The District and TCSD have agreed to amend the joint use agreement in order to give possession of the pool, deck, pool house, pump room, and appurtenant facilities to the TCSD for programming year-round. The TCSD will be responsible for all utility, repair, maintenance and renovation costs for the pool and appurtenant facilities. The TCSD will also be responsible for all scheduling for use and operations of the facility. The use of the athletic fields by the TCSD shall remain the same as currently covered by the Agreement. Approval of this amendment to the Joint Use Agreement will provide necessary facilities for the TCSD to be able to continue to offer aquatic and athletic programs and activities within the community. R:\RUSEPIAGENDAS\TVUSD TES Pool Joint Use Amendment 2-csc.doc SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF A PORTION OF TEMECULA ELEMENTARY SCHOOL THIS SECOND AMENDMENT is made and entered into as of October 21, 2003 and between the City of Temecula, a municipal corporation ("City"), 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. This Second Amendment 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. On December 12,1996 the District and the City entered into that certain Agreement entitled "Agreement Between the City of Temecula and Temecula Valley Unified School District for the Joint Use ofa Portion of Temecula Elementary School" ("Agreement"). b. The parties now wish to provide for greater City use of the pool and greater City maintenance responsibilities. 2. Section 4 of the Agreement is hereby amended to read as follows: "4. Apportionment of Use of Pro pert v bv Citv and District. Except for the pool, all other portions of the Property shall be used for school purposes as a part of the Temecula Elementary School by the District during the hours of8:00 a.m. to 3:30 p.m., Monday through Friday except on School Holidays, and during such other hours as are required to carry out nonnal school purposes, including activities schedules pursuant to the District's calendar of events. District shall provide their annual calendar noting School Holidays and activities schedules to City prior to July 1 each year. At all other times, the Property shall be used for public park purposes by the City and subject to such park rules and regulations for the use ofthe park as the City may enact. The City shall use the pool at all times for public park purposes, subject to such park rules and regulations for the use of the pool as the City may enact" R:\RUSEP\CONTRACTITVUSD TES Poo] Joint Use Agreement ]-12-O4.DOC 3. Section 6 of the Agreement is hereby amended to read as follows: "6. School District Maintenance Responsibilities. During the term ofthis Agreement, the District shall, at its sole expense, unless otherwise provided herein, perform the following maintenance on the Property and the improvements which currently exist upon it or which are to be constructed upon the Property, except for the pool, pursuant to the terms of this Agreement, in accordance with reasonable maintenance standards and schedules approved by the Director of Community Services ofthe City: a. Maintain and mow the athletic field turf on a weekly scheduled basis; b. Maintain all irrigation equipment, controllers and sprinkler heads, and repair and replace irrigation equipment or systems on athletic fields in a timely manner; c. Maintain the parking areas adjacent to the ball fields and swimming pool bath house which maintenance shall include, but not be limited to, regular maintenance, slurry sealing and stripping of the parking lot; d. Renovate the athletic ball fields on a yearly basis, to include turf, repair, aeration, and fertilization; and e. District shall not be responsible for the renovation, ongoing maintenance and upkeep of the pool." 4. Section 7 of the Agreement is hereby amended to read as follows: "7. CitY Maintenance Responsibilities. During the term of this Agreement, the City 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: a. Maintain the infield areas, dugouts and backstops of all ball fields; b. Provide brick dust and mound mix for infields as needed; c. Drag and water infields before City sponsored games as R:\RUSEP\CONTRAC1\TVUSD TES Pool Joint Use Agreement 1-12-{)4.DOC needed; d. Daily removal of trash and debris from ball field areas when the City uses the Property; e. Provide all renovation, ongoing maintenance and upkeep of swimming pool, bath house, deck area, and perimeter fencing between or along school/park boundaries; f. Pay all utility costs associated with the operation of the swimming pool; and g. Will maintain and irrigate all landscaped areas with the exception of athletic fields." 5. Except as specifically provided herein, all other terms and conditions of the Agreement remain in full force and effect. 1/1/ 1/1/ R:\RUSEP\CONTRACT\TVUSD TES Pool Joint Use Agreement l-12-{)4.DOC IN WITNESS WHEREOF this First Amendment has been executed by the authorized representatives of the parties hereto. TEMECULA V ALLEY UNIFIED SCHOOL DISTRICT President of School Board Attest: Secretary to the School Board CITY OF TEMECULA Jeff Stone Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney R\RUSEP\CONTRAC1\TVUSD TES Pool Joint Use Agreement l-12-O4.DOC ITEM NO.3 R<CSOAG'NOITCMNO'HL CITY OF TEMECULA AGENDA REPORT TO: FROM: Community Services Commission Herman Parker, Director of Community servicee January 12, 2004 DATE: SUBJECT: Amended and Restated Master Joint Use Agreement Between the City of Temecula and the Temecula Unified School District PREPARED BY: ~VPhyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission approve in substantial form the Amended and Restated Master Joint Use Agreement between the City of Temecula and the Temecula Valley Unified School District. BACKGROUND: The Temecula Community Services District (TCSD) and the Temecula Valley Unified School District (District) have entered into several successful joint use agreements over the years. By using joint use agreements, both agencies are able to leverage limited facilities to best meet the educational and recreational needs of the community. Generally, the joint use agreements provide fields, swimming pools, and other amenities for the TCSD to program for after-school use by the public. In return, the TCSD often contributes new amenities and/or additional funding for on-going maintenance and renovations of the facilities. The Master Joint Use Agreement provides for a single annual maintenance payment from the TCSD to the District. Consolidation of payment obligations will make the reimbursement process more efficient and eliminate the confusion of multiple invoices and remittances. The District will have access to the funds at the beginning of the school year, enabling them to budget and implement maintenance services and renovations more effectively. The District and the TCSD expect to enter into additional joint use agreements in order to better provide for the educational and recreational needs of the citizens of Temecula. As such agreements are negotiated, each agreement will be subject to the terms of the Master Joint Use Agreement. The Master Joint Use Agreement provides an Exhibit that lists all joint use facilities and may be amended by the District Superintendent and the City Manager as new facilities are added. All other changes to the Master Joint Use Agreement must be approved by the District Board and City Council. R:\RUSEPIAGENDAS\TVUSD Master Joint Use Agreement-csc.doc AMENDED AND RESTATED MASTER AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY UNIFIED SCHOOL DISTRICT FOR THE JOINT USE OF SCHOOL FACILITIES FOR RECREATIONAL ACTIVITIES THIS AMENDED AND RESTATED AGREEMENT is made and entered into as of ,2004 between the City of Temecula, a municipal corporation ("City"), 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 I 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 City; b. The City and the District have utilized this authority and have entered into numerous joint use agreements for District school facilities which has allowed the City and District to expand both recreational and educational opportunities for the citizens ofTemecula. The joint use agreements for the various school facilities between the City and the District are set forth on Exhibit A, attached hereto and incorporated herein as though set forth in full ("Joint Use Agreements"). c. The nature of the joint educational and recreation uses and the specific terms of such uses are different for each school and therefore a separate joint use agreement is needed for each school. However, a master agreement for R:\RUSEP\CONTRAC1\TVUSD Master Joint Use Agreement.DOC the City's payment of certain costs to the District for the use ofthese school facilities would simplify the process of accounting for these payments. d. It is, therefore, the desire ofthe parties to enter into this Master Joint Use Agreement in order to provide for the payment of certain costs by the City to the District for the use of the school facilities. 2. Payment to District. For the purposes of offsetting the District's maintenance obligations as set forth in the Joint Use Agreements, the City shall pay to the District the sum of twenty one thousand dollars ($21,000.00) annually. The fee shall be paid on the first business day of August of each year. The fee may be increased annually by the increase in the Consumer Price Index for all goods and services for the statistical area which includes the City of Temecula for the one year period preceding June 1 of each year. District shall notify the City by July 1 of each year of the amount ofthe increase and the basis upon which it was calculated. City and District shall review each third year the number of fields used, percentage of usage by each agency and renovation plan. {Payment to District may be adjusted by mutual consent based on the results of the review. 3. Term of Al!reement. The tenn of this Agreement shall commence on the date of this Agreement and shall tenninate on the latest tennination date of the Joint Use Agreements described in Exhibit A, unless sooner tenninated pursuant to this Agreement. 4. Amendment of Joint Use Al!reements. Except as provided herein, each of the Joint Use Agreements described in Exhibit A is hereby amended to (1) delete all requirements providing for the payment of fees or costs by the City to the District for playing field maintenance and renovations of the facilities described therein; and (2) provide that each joint use agreement shall be subject to the tenus of this Master Joint Use Agreement. The Joint Use Agreement for the Chaparral High School Aquatic Facility shall not be subject to this Master Joint Use Agreement and City shall continue to be responsible for payment of operations, maintenance and repair costs as specified within that agreement. City shall also continue to maintain the electric meter and be responsible for the payment of energy charges for ball field lighting at Temecula Middle School. All other tenus of the Chaparral High School Aquatic Facility Joint Use Agreement and the Temecula Middle School Joint Use Agreement shall be subject to the tenus of this Master Joint Use Agreement. Except as specifically described herein, all other tenus of each of the Joint Use Agreements described in Exhibit A shall remain in full force and effect. 5. City Use of All Existinl! Elementary and Middle School Athletic Fields. The City shall have the right to use the athletic fields on all elementary and middle schools within the District for recreational and athletic programs except during school hours and such times as the District is using said facilities for educational purposes. City shall notify District in writing at least thirty (30) days prior to is use of an elementary or middle school athletic field for such uses. R\RUSEP\CONTRAC1\TVUSD Master Jo;nl Use Agreement.DOC 2 6. Future Joint Use Al!reements. The District and the City expect to enter into additional joint use agreements in order to better provide for the educational and recreational needs of the citizens ofTemecula. As such agreements are negotiated by the parties, the agreements shall provide that each such agreement is subject to the tenus of this Master Joint Use Agreement. The Superintendent of the District and the City Manager of the City are hereby authorized and directed to amend this Agreement to provide a revised Exhibit A to describe any additional joint use agreements approved by the District and the City. Any other amendments to this Master Joint Use Agreement shall be approved by the Board of Trustees of the District and the City Council of the City. 7. Defaults and Remedies a. Subject to the extensions oftime set approved in writing by a party, failure or delay by either party to perfonu any tenu or provision ofthis 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 ofthe 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 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) commence 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 R:IRUSEPICONTRAC1ìTVUSD Master Joint Use Agreement.DOC 3 thereafter (but not before) commence an action for specific perfonnance oftenns of this Agreement. g. In the event litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as detennined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 8. Notices to Parties. Written notices, demands and communications among the District and City, 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 City as follows: District: Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, California 92592 Attention: Superintendent City: City of Temecula 43200 Business Park Drive Temecula, 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. 9. Al!reement Bindinl! on Successors. This Agreement shall be binding on and shall inure to the benefit of the successors and lawful assigns of the parties hereto. 10. Assil!nment. Neither Party shall assign or transfer this Agreement or any portion thereof without the prior written consent of the other party; provided, however, that City 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. II/I 1/1/ RIRUSEPICONTRAC1\TVUSD Master Joint Use Agreement.DOC 4 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives ofthe parties hereto. TEMECULA V ALLEY UNIFIED SCHOOL DISTRICT President of School Board Attest: Secretary to the School Board CITY OF TEMECULA Jeffrey Stone Mayor Attest: Susan Jones, CMC City Clerk Approved As to Form: Peter M. Thorson City Attorney R:\RUSEPICONTRAC1\TVUSD Master Joint Use Agreement.DOC 5 EXHIBIT A JOINT USE AGREEMENT BETWEEN DISTRICT AND CITY 1. "Agreement Between the Temecula Community Services District and the Temecula Valley Unified School District for Use of Temecula Middle School Multi-Purpose Athletic Fields and Track." This Agreement is dated as of December 20, 1994. 2. "Agreement Between the City of Temecula and Temecula Valley Unified School District for the Joint Use of a Portion of Temecula Elementary Schoo1." This Agreement is dated as of December 10, 1996 and amended as of August 26, 1997. 3. "Agreement Between the Temecula Community Services District and Temecula Valley Unified School District for the Joint Use of Temecula Valley High School Tennis Courts." This Agreement is dated as of July 14, 1998. 4. "Agreement Between the City of Temecula and Temecula Valley Unified School District for the Lease of Improvements and the Joint Use ora Portion of Chaparral High Schoo1." This Agreement is dated as of October 19, 1999. R:\RUSEPICONTRAC1ìTVUSD Master Joint Use Agreement.DOC 6 ITEM NO.4 R"'SCAG'NOmMNO'HL CITY OF TEMECULA AGENDA REPORT TO: FROM: Community Services Commission Herman Parker, Director of Community serviceg January 12, 2004 DATE: SUBJECT: Library Update PREPARED BY: ~'Y' Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Community Services Commission receive and file a report concerning the status of the Temecula Public Library project. BACKGROUND: On October 28, 2003, the California Public Library Construction and Renovation Board awarded a grant in the amount of $8,552,414 to the City of Temecula under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (Bond Act). This grant will enable the City to construct the 34,000 square foot Temecula Public Library to be located on Pauba Road between Margarita and Ynez Roads, just west of Fire Station 84. The Bond Act provides a competitive statewide grant program that provides up to 65% of all eligible construction related expenses for new libraries. On December 16, 2003, the City Council approved the Grant Agreement with the California State Library. The agreement identifies the conditions of the grant and defines each entity's roles and responsibilities throughout the process. The City executed agreement has been submitted to the State Library for final signature. The next step in the grant process is to begin work with the Office of Library Construction (OLC) staff to finalize plans and construction documents to facilitate a public bid for the construction of the new library. OLC staff has already indicated that they will be contacting City staff in order to schedule a kick off conference call to go over procedures for submittal of documents, request for payment draw downs and to clarify or answer any other questions City staff may have. Staff anticipates that this conference call will be held sometime this month. The architect, LPA, is already preparing responses to preliminary comments the City received from OLC on the conceptual plans for the library. There were few comments and they appeared to be minimal in nature. Because our project is developed to the extent it is, it is staff's intention to ascertain if we may submit construction documents directly without going through design development review. If this is acceptable, staff anticipates being able to advertise for construction bid in summer 2004, with an estimated construction period of 18 to 20 months. R:\RUSEP\AGENDAS~ìbrary update 1-12-04 esc.doc