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HomeMy WebLinkAbout032696 CC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444~ Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35,104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING COMMUNITY RECREATION CENTER 30875 RANCHO VISTA ROAD MARCH 26, 1996 - 7:00 PM At approximately 9:45 PM, the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 PM and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 PM. CALL TO ORDER: Invocation: Flag Salute: ROLL CALL: PRESENTATIONS/ PROCLAMATIONS Next in Order: Ordinance: No. 96-06 Resolution: No. 96-32 Mayor Karel Lindemans presiding President Robert Ford, The Church of Jesus Christ of Latter Day Saints Councilmember Stone Birdsall, Ford, Roberts, Stone, Lindemans Building and Safety Week - Proclamation Presentation of award to the City of Temecula from Southwest County Child Care Council PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or are listed on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR 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 City Council request specific items be removed from the Consent Calendar for separate action. Standard Ordinance AdoDtion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 ADIDrOVal of Minutes RECOMMENDATION: 2.1 Approve the minutes of March 12, 1996. 4 5 Resolution ADDroving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Cable Television Franchise Transfer RECOMMENDATION: 4.1 Approve the Settlement Agreement between the City of Temecula and The Chronicle Publishing Company, Regarding Cable Television Rates and Charges. 4.2 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM THE CHRONICLE PUBLISHING COMPANY TO TCI CABLEVISION OF CALIFORNIA, INC. 4.3 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING CABLE TELEVISION CUSTOMER SERVICE STANDARDS Review of Cit¥'s Management Information Systems (MIS) RECOMMENDATION: 5.1 Approve a contract to hire Robert J. Metzger, through PMW Associates, to conduct a comprehensive review of the City's Management Information Systems for an amount not to exceed ~17,000. 5.2 Approve an appropriation of $17,000 in the Information Systems Internal Services Fund. 9 10 SUPpOrt Of Amicus Brief - Emergency Medical Services RECOMMENDATION: 6. Authorize the City joining as an amicus curial in behalf of the City of San Bernardino in the County of San Bernardino at no cost to the City. Destruction of Records Request RECOMMENDATION: 7.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Solicitation of Construction Bids for the City Hall Modifications and Tenant Improvements. RECOMMENDATION: 8.1 Approve the construction plans and specifications upon completion and authorize the Department of Public Works to solicit public construction bids for the City Hall modifications and Tenant Improvements, PW95-22. Solicitation of Construction Bids for the City Maintenance Facility, PW 95-29 RECOMMENDATION: 9.1 Approve the construction plans and specifications upon completion and authorize the Department of Public Works to solicit public construction bids for the new City Maintenance Facility, PW95-29. Ultimate Reconstruction of Southbound Ramps at I-15 and State Route 79S RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, PROVIDING FOR THE REQUIRED ULTIMATE RECONSTRUCTION OF SOUTHBOUND RAMPS AT 1-15 AND STATE ROUTE 79S 11 California Office of Emergencv Services Hazard Mitigation Grant Program for the 1995 Winter Storms 12 13 14 RECOMMENDATION: 11 ol Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA TO AUTHORIZE THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS "No Parking" Zones on Bedford Court RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON BEDFORD COURT SOUTH OF STATE ROUTE 79(S) Release Grading Bond for Tracts No. 23125-1.2.3. and F (Located at the northeast corner of Butterfield Stage Road at De Portola Road) RECOMMENDA~Ii3N: 13.1 Authorize release of the Grading Bond for Tracts No. 23125-1, 2, 3, and F; 13.2 Direct the City Clerk to so advise the Developer and Surety. Reduce Faithful Performance Bond Amounts in Tract No. 24132-F (Located southwesterly of intersection of Pauba Road at Meadows Parkway) RECOMMENDATION: 14.1 Authorize a fifty percent reduction in Faithful Performance Street, Drainage, Water and Sewer Improvements bond amounts in Tract No. 24132-F; 14.2 Direct the City Clerk to so advise the Developer and Sureties. i R:~endl%03269(i 6 15 Acceotance of Public Streets into the City-Maintained Street System (Within Tracts No. 13060-3. and 13060-8) (Located southerly of the intersection of Pala Road at Rainbow Canyon Road) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL O: THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 13060-3 AND 13060-8 16 Sister City Committee Funding Request RECOMMENDATION: 16.1 Receive and file informational report regarding disbursement of student exchange funds. RECESS CITY COUNCIL MEETING FOR TEMECULA COMMUNITY SERVICES DISTRICT MEETING. TEMECULA REDEVELOPMENT ~EETING. OLD TOWN/~VESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY MEETING OLD TOWNRVESTSIDE IMPROVEMENT AUTHORITY RA,alende~032696 6 : :TEMECULA: COMMLINITYSERVICESDiSTRiCT::iMEETiNG: :::;:::~; ii:: :::: :~:ii:::::;:: :::::i~ii:i:i::: :E:: ~:~i::!:i::!;i!~i:?i:: ! * *********:*********:*****:***,***~:***,**********:*************o****:i:ii'::: ~: Next in Order: Ordinance: No. CSD 96-01 Resolution: No. CSD 96-02 CALL TO ORDER: President Ron Roberts ROLL CALL: DIRECTORS: Birdsall, Ford, Lindemans, Stone, Roberts PUBLIC COMMENT: A total of 1B minutes is provided so members of the public can address the Board of Directors on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Board of Directors on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Board of Directors gets to that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors, should present a completed pink "Request to Speak" to the City Clerk. When you are called to speak, please come forward and state your name and address for the record. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of March 12, 1996. 2 Release of Faithful Performance Bond and Acceptance of Warranty bond for Butterfield Stage Park - Kaufman and Broad of San Diego. Inc. (De Portola Road and Butterfield Stage Road) RECOMMENDATION: 2.1 Release the Parkland/Landscape Faithful Performance Bond for the construction of Butterfield Stage Park; 2,2 Accept a one (1) year Warranty Bond in the amount of 10% of the original bond. GENERAL MANAGERS REPORT - Bradley DIRECTOR OF COMMUNITY SERVICES REPORT - Nelson BOARD OF DIRECTORS REPORTS ADJOURNMENT: Next meeting: April 9, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 96-01 Resolution: No. RDA 96-01 CALL TO ORDER: Chairperson Patricia H. Birdsall presiding ROLL CALL: AGENCY MEMBERS: Birdsall, Lindemans, Roberts, Stone, Parks PUBLIC COMMENT: A total of 15 minutes is provided so members of the public can address the Redevelopment Agency on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Agency on an item not listed on the Agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the City Clerk before the Agency gets to that item. There is a five (5) minute time limit for individual speakers. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 12, 1996. RECONVENE CITY COUNCIL/JOINTLY WITH TEMECULA REDEVELOPMENT AGENCY PUBLIC HEARING 2 Amendment to Owner Participation Agreement bv and Between the Redevelopment Agency of the City of Temecula and Temecula Entertainment ,,:-Hey. Inc. (FormerIv T.Z.B.G.. Inc.) RECOMMENDATION: 2.1 Adopt a resolution entitled: RESOLUTION NO. RDA 96- A RESOLUTI0~,' OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED 'AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BE'RNEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA ENTERTAINMENT VALLEY, INC., A CALIFORNIA CORPORATION (FORMERLY KNOWN AS T.Z.B.G., INC. ) AS OF MARCH 26, 1996. 2.2 Adopt a resolution entitled: RESOLUTION NO. RDA 96- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA ENTERTAINMENT VALLEY, INC., A CALIFORNIA CORPORATION (FORMERLY KNOWN AS T.Z.B.G., INC.) AS OF MARCH 26, 1996 EXECUTIVE DIRECTOR'S REPORT AGENCY MEMBER'$ REPORTS ADJOURNMENT Next regular meeting: April 9, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Next in Order: Resolution No.: No. FA 95-06 CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Lindemans, Roberts, Stone, Birdsall PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. CONSENT CALENDAR I Minutes RECOMMENDATION: 1.1 Approve the minutes of December 12, 1995. PUBLIC HEARINGS 2 Financing for Old Town Area Public Imorovements and the Western Bvoass Corridor RECOMMENDATION: 2.1 Conduct concurrent public hearings on the following: · Formation of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. I (Old Town Area Public Improvements) (the 'District") and the levy of special taxes therein; and · The issuance of bonded indebtedness for the District. R:%Aie~da%032696 11 ADJOURNMENT Next regular meeting: April 9. 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY CALL TO ORDER: President Patricia H. Birdsall ROLL CALL: Lindemans, Roberrs, Stone, Birdsall PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about an item not listed on the Agenda a pink "Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state vour name and address. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the minutes of March 12, 1996. ADJOURNMENT Next regular meeting: April 9, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. RECONVENE TEMECULA CITY COUNCIL JOINTLY WITH THE TEMECULA REDEVELOPMENT AGENCY PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the City Clerk at, or prior to, the public hearing. 17 Rancho West Apartments RECOMMENDATION: 17.1 Hold a public hearing on the proposed issuance of tax-exempt bonds by the Redevelopment Agency of the City of Temecula to finance the purchase and rehabilitation of Rancho West Apartments. 17.2 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE PURPOSE OF PROVIDING FINANCING FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE OWNED BY THE COACHELLA VALLEY HOUSING COALITION 17.3 Adopt a resolution entitled: RESOLUTION NO. ROA 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS AND THE LOAN OF THE PROCEEDS THEREOF TO THE COACHELLA VALLEY HOUSING COALITION, AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND APPROVING OTHER RELATED ACTIONS IN CONNECTION THEREWITH Adjourn Joint City Council/Temecula Redevelopment Agency Meeting Reconvene City Council Public Hearings 18 Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) and Planning Application No. PA96-0020 (General Plan Amendment) - "Temeku" RECOMMENDATION: 18,1 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0019, CHANGING THE SPECIFIC PLAN LAND USE DESIGNATION FROM VERY HIGH DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY 18.2 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0020, CHANGING THE GENERAL PLAN LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY 18.3 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0019, ZONING AMENDMENT, AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO DELETE THE RETIREMENT ORIENTED HOUSING RESTRICTION, AMEND DEVELOPMENT STANDARDS FOR PLANNING AREAS NO. 38 AND 40 AND DELETE REFERENCES TO THE COUNTY OF RIVERSIDE ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY 19 Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use oermit: PA94- 0061 ). Planning APPlicatiOn NO. PA96-0025 (Revised Permit-Westside Soecific Plan: PA95- 0003). Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) - Old Town Redevelooment Project RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATIONS NO. PA96-0024, PA96-0025, AND PA96-0026, MODIFYING A PORTION OF CONDITION OF APPROVAL NO. 44 OF PLANNING APPLICATION NO. PA94-0061 (MASTER CONDITIONAL USE PERMIT), A PORTION OF CONDITION OF APPROVAL NO 38 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-0004 (TENTATIVE TRACT MAP NO. 28011) PERTAINING TO IMPROVEMENTS TO THE INTERCHANGE AT RANCHO CALIFORNIA ROAD AND INTERSTATE 15 19.2 Adopt a resolution entitled: RESOLUTION NO. 96° A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0026, MODIFYING CONDITION OF APPROVAL NO. 32 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN) PERTAINING TO TIMING FOR THE RECORDATION OF A FINAL SUBDIVISION MAP AND THE ISSUANCE OF A GRADING PERMIT 20 Starlight Ridge Traffic Investigations RECOMMENDATION: 20.1 Support staff's continuing efforts to increase public awareness of the speed limit in residential developments by utilizing radar trailer display unit and with follow-up police enforcement. 21 22 Community Services Commission ADDointment RECOMMENDATION: 21 .! Appoint a member to serve an unexpired term on the Community Services Commission, through October 10, 1997. Ordinance Amending Portion: Ordinance No. 91-16 and Chapter 10.24 of the MuniciIOal Code Pertaining to Excessive Acceleration RECOMMENDATION: 22.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 10.24.080 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO EXCESSIVE ACCELERATION CITY MANAGER'S REPORT CITY ATTORNEY'S REPORT ADJOURNMENT Next regular meeting: April 9, 1996, 7:00 PM0 Community Recreation Center, 30875 Rancho Vista Road. Temecula, California. PRESENTATIONS/ PROCLAMATIONS The City of Temecula PROCLAMATION ~, from the inception of this nation, it has bene the responsibility of the states and their local governments to adopt legislation and to enforce laws and ordinances, wherever necessary, to protect their citizens' health, welfare and safety; and WHEREAS, among the most basic of the hws and ordinances which have been so derived, are those acts which assure the pubfic's health and safety in the buildings in which people five, work and play; and WHEREAS, the past ten years has been a decade of catastrophic disasters, with earthquake, hurricanes, cyclones, floods and fire occurring throughout the work. Resideoffal and commercial building of entire communities were heavily damaged by these elemental forces, while other communities proved more resistant to the terrible destruction nature is capable of inflicting; and WHEREAS, to assure safety, the City of Temecula, enforces a uniform building code which has been designed and is maintained as an integral part of a jurisdictional safety network dedicated to preserving human fife and the communities future; NOW, THEREFORE, I, Karel F. Lindemans, on behalf of the City Council of the City of Temecula, hereby proclaim the week of April 8-12, 1996 to be: "BUHJHNG SAFETY WEEK' IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this 26th day of March, 1996. Karel F. Lindemans, Mayor June S. Greek, City Clerk ITEM 1 ITEM 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 12, 1996 A regular meeting of the Temecula City Council was called to order at 7:03 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Mayor Karel F. Lindemans presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans ABSENT: I COUNCILMEMBERS: Roberts Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION OF THE REDEVELOPMENT AGENCY It was moved by Agency Member Birdsall, seconded by Agency Member Stone to adjourn to Executive Session at 6:30 PM, pursuant to Government Code Sections: 1. Government Code §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: 28534 Pujol Street (922-054-003) and 28555 Pujol Street (922-054-006); Negotiating Parties: John Freeman, Cande Ceballos and the Redevelopment Agency of the City of Temecula; Under negotiation: price and terms. 2. Government Code §54958.1 - CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: 27500 Jefferson Ave.: Negotiating Parties: Norm Reeves Super Group and the Redevelopment Agency of the City of Temecula; Under negotiation: consideration of lease terms. The motion was unanimously carried. INVOCATION The invocation was given by Pastor Gary Nelson0 Calvary Chapel of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Stone. PRESENTATIONS/ PROCLAMATIONS Mayor Lindemans proclaimed March 11 through March 17, 1996 to be "Architecture Week 1996." James Horecka of the American Institute of Architects, accepted the proclamation and thanked the City Council for their support. Minutes\3\12\96 -1 - 03/21/96 Citv Council Minutes March 12.1996 CITY ATTORNEY REPORT City Attorney Thorson announced, under the provisions of the Brown Act, there was nothing to report regarding the discussions held during closed session. PUBLIC COMMENTS Ken Bruckman, 42244 Cosmic Drive, President of Starlight Ridge Homeowners Association, addressed the City Council regarding the traffic accident that resulted in the death of his neighbor. Councilmember Stone said that Starlight Ridge traffic considerations has been slated for the March 26, 1996 City Council Agenda. City Manager Bradley reported that the Police Department has spent 20 hours in Starlight Ridge on direct patrol during the month of February. He said that during that time, 10 citations were issued. Chief LaBahn reported on the traffic collision, stating the complete investigation will take three to five weeks, however the primary collision factor appears to be the left hand turn into opposing traffic. Don Maston, 42176 Cosmic Drive, addressed the Council regarding the fatal crash at Cosmic and Rancho California Road and asked the Council to correct these problems. William Utermohlen, 42231 Cosmic Drive, addressed the Council regarding the traffic problems on Cosmic Drive. Judy Handnerker, 41689 Enterprise Circle North, thanked Councilmember Stone for his support of the Wine Country Chapter of City of Hope. She invited the public to attend the Oskar Night Fundraiser at the Temecula Stampede on March 25th, and said tickets are available at the Temecula Pharmacy. Looking Good Beauty Supply and KRTM. CITY COUNCIL REPORTS Councilmember Stone voiced his support of Proposition 203 and asked this be agendized for the next meeting. He also asked staff to investigate the City of Lomita's recently adopted ordinance relating to drunk driving arrests and booking fees. Councilmember Stone reported he artended his last meeting of the Riverside County Habitat Conservation Agency in which a resolution was passed by a 5 to 4 vote. He stated he voted in opposition due to the fact that property owners will be impacted over a 30 year period and he felt the Federal Government should be funding this issue. Councilmember Birdsall stated that, although she supports Proposition 203, putting it on the agenda for March 26th will be too late, since election day falls on March 26th. Minutes\3%12\96 -2- 03121/96 Citv Council Minu~es March 12. 1996 Mayor Lindemans also voiced his support of Proposition 203, stating the schools are in need of additional funding. City Manager Bradley stated he is a part of a county-wide task force that is addressing the issue of reimbursement for bookings fees and explained it involves courts, sheriff's department and the City. He said he will be happy to bring a staff report forward, but it will take some time to put together. He also advised Councilman Stone the matter of Proposition 203 had been acted upon earlier by the City Council who supported it unanimously. CONSENT CALENDAR Councilmember Ford requested the removal of Item No. 6 from the Consent Calendar. Councilmember Stone noted an abstention on Item no. 11. Mayor Lindemans stated Item No. 8 would be removed from the Consent Calendar to accommodate public requests to speak on that item. It was moved by Councilmember Birdsall, seconded by Mayor Stone to approve Consent Calendar Items 1-5, 7 and 9-13. The motion carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approval of Minutes 2.1 Approve the minutes of February 13, 1996. 2.2 Approve the minutes of February 27, 1996. Minutes~3\12~98 -3- 03/21/96 City Council Minutes March 12. 1996 Resolution ADoroving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 96-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Citv Treesurer's Report 4.1 Receive and file the City Treasurer's Report as of January 31, 1996. Approval of 1995-96 Mid-Year Budget Adjustments 5.1 Adopt a resolution entitled: RESOLUTION NO. 96-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1995-96 ANNUAL OPERATING BUDGET Acceptance of Public Streets into the City-Maintained Street System (Within Tracts No. 9833-3 and 9833-F) (Located Southwesterly of intersection of Margarita Road at Santiago Road) 7.1 Adopt a resolution entitled: RESOLUTION NO. 96-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED STREET SYSTEM (WITHIN TRACTS NO. 9833-3 AND 9833oF) Award of Contract for the Construction of a Traffic Signal at the Intersection of Margarita Road and State Route 79 (South). Project No. PW95-15 9.1 Award a contract for the construction of a Traffic Signal at the intersection of Margarita Road and State Route 79 (South), Project No. PW95-15 to DBX, Inc., for $141,676.50 and authorize the Mayor to execute the contract. Minutes~3\l 2\96 -4- 03/21/96 Citv Council Minutes March 12. 1996 10. 11. 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $14,167.65 which is equal to 10% of the contract 8mount. 9.3 Advance $155,844.15 in Signal Mitigation Funds from the Development Impact Fund to the~Capital Improvement Projects Fund. Award of Contract for the Construction of an Interim Traffic Signal at the Intersection of Pala Road and State Route 79 (South) - Project No. PW95-14 10.1 Award a contract for the construction of an interim Traffic Signal at the intersection of Pala Road and State Route 79 (South), Project No. PW95-14 to Signal Maintenance Inc. for $67,465.00 and authorize the Mayor to execute the contract. 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $6,746.50 which is equal to 10% of the contract amount. Sixth Street Prooerty Conveyance 11.1 Convey the 1.4 acre site at 6th Street and Front Street (APN 922-023-020) to the Redevelopment Agency of the City of Temecula and authorize the Mayor to execute the Grant Deed on behalf of the City. 11.2 Adopt a resolution entitled: RESOLUTION NO. 96-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AND APPROVING A PROMISSORY NOTE FROM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE ACQUISITION OF CERTAIN PROPERTY The motion carried as follows: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 COUNCILMEMBERS: Birdsall, Ford, Lindemans COUNCILMEMBERS: None COUNCILMEMBERS: Roberts COUNCILMEMBERS: Stone Minutes\3~l 2~96 -5- 03/21/98 City Council Minutes March 12. 1996 SECOND READING OF ORDINANCES 12. 13. Second Reading of Ordinance No. 96-04 12.1 Adopt an ordinance entitled: ORDINANCE NO. 96-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON PALA ROAD BETVVEEN STATE ROUTE 79(S| AND THE SOUTHERLY CITY LIMITS Second Reading of Ordinance No. 96-05 13.1 Adopt an ordinance entitled: ORDINANCE NO. 96-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING PRIMA FACIE SPEED LIMITS ON RANCHO CALIFORNIA ROAD BETINEEN MARGARITA ROAD AND THE EASTERLY CITY LIMITS Professional Services Contract between City of Temecula and Government Interface. Public Works Director Joe Kicak presented the staff report. Councilmember Ford stated he feels it is important to discuss the scope of work and expected time-frames in which tasks are to be accomplished. Mr. Kicak said it is his intent to discuss what needs to be done and the urgency associated with each project with the consultants. Mr. Kicak explained the overall goal is to expedite projects through the Caltrans System. Councilmember Stone stated he is concerned that no actual specification of hours is made in the contract. Public Works Director Kicak stated the way the contract reads, it provides for a minimum of 10 hours per month and up to 16 hours per month for $1,000. Councilmember Stone suggested Council should be notified if hours spent during a given month exceed 16. Minutes%3%12%96 -6- 03/21/96 Citv Council Minutes March 12. 1996 It was moved by Councilmember Stone, seconded by Councilmember Ford to approve staff recommendation as follows: 6.1 Approve a contract between the City of Temecula and Governmental Interface, L.L.C. for Professional Services and authorize the Mayor to sign the contract. The motion was unanimously carried with Councilmember Roberts absent. Solicitation of Construction Bids for Sidewalk Improvements on Rancho California/Santa Cecilia Sidewalk Project No. 5 - PW95-25 Public Works Director Joe Kicak presented the staff report. Ken Bruckman, 42244 Cosmic Drive, President of Starlight Ridge Homeowners Association, showed a slide presentation outlining traffic problems in Starlight Ridge. He stated he is in favor of sidewalk improvements, however the sidewalk needs to be extended. Wayne Hall, 42131 Agena, spoke in favor of sidewalk, but asked it be extended. It was moved by Councilmember Stone, seconded by Councilmember Birdsall to approve staff recommendation as follows: 8.1 Approve the construction plans and specification and authorize the Department of Public Works to solicit public construction bids for sidewalk improvements on Rancho California/Santa Cecilia Sidewalk Project No. 5 - PW95-25. The motion was unanimously carried with Councilmember Roberts absent. Mayor Lindemans called a recess at 8:00 PM. The meeting was reconvened at 8:27 PM following the previously scheduled Temecula Community Services district, Redevelopment Agency, Old Town Westside Community Facilities District, Financing Authority and improvement Authority. PUBLIC HEARINGS 14. Planning ADiplication No. PA95-0113 - Deletion of conditions of ADleroval and Release of Bonds for Parcel MaD 23969(Located on the southerly side of Ridge Park Drive approximately 1,200 feet southerly of Rancho California Road.) (Continued from the meeting of February 13, 1996.) Minutes%3\12\96 -7- O3/21/96 Ciw Council Minutes March 12. 1996 Community Development Director Gary Thornhill introduced Senior Planner John Meyer who presented the staff report. Mayor Lindemans opened the public hearing at 8:34 PM. Hearing no requests to speak, Mayor Lindemans closed the public hearing at 8:34 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Ford to approve staff recommendation as follows: 14.1 Adopt a resolution entitled: RESOLUTION NO. 96-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 95-0113 TO DELETE CONDITIONS OF APPROVAL FOR PARCEL MAP 23969 KNOWN AS ASSESSOR'S PARCEL NO. 940-310-044, 045, 046, 047 AND 048 14.2 Delete Conditions of Approval No. 21, 22 and 23 for Parcel Map No. 23969; 14.3 Release Bond No. 177 40 76 for Labor and Materials and Faithful Performance; 14.4 Release Bond No. 117 40 78 for Subdivision Warranty. The motion was unanimously carried with Councilmember Robarts absent. COUNCIL BUSINESS 15. Appointment of Sign Ordinance committee Senior Planner Dave Hogan presented the staff report. Council consensus was given to appoint the following to the Sign Ordinance Committee: Councilmember Steve Ford, Chairman, Planning Commissioner Tim Miller; Chamber of commerce Representative, Alice Sullivan; Realty/Property Management Community Representative, Bob Newsom; Business Representatives, Carol Carrazo, Nancy Bain, Mark Telford; Citizen Representatives, George Buhler, Clarence Hadwinsky, Scott Murray and Pete Olhasso; reserved one choice of a citizen appointee to be selected by Councilmember Robarts. Minutes~3\l 2\96 -8- 03~21/96 Citv Councit Minutes March 12. 1996 16. Monthly Salary for City Commissioners Human Resources Administrator Grant Yates presented the staff report. Councilmember Ford stated he feels that compensation should be based on the number of monthly meetings a commission is required to hold and since the Planning Commission meets twice a month and the other commissions meet once a month, compensation should be set accordingly. It was moved by Councilmember Stone, seconded by Councilmember Birdsall to set the monthly salaries for Planning Commissioners at $100.00 and $50.00 for Community Services and Public Traffic Safety Commissioners. The motion was unanimously carried with Councilmember Roberrs absent. 17. Council Direction on the Prel)aration of an Ordinance to Regulate Horse Drawn Vehicles in Old Town Councilmember Stone announced a conflict of interest based on property ownership in Old Town and stepped down from the dias during deliberation of this matter. Community Development Director Gary Thornhill presented the staff report. Councilmember Birdsall stated she would be in favor of an ordinance designed to regulate as long as the intent is not to prohibit such vehicles. Mr. Thornhill stated the intention is not to stop these types of vehicles, only to regulate them. Roy & Chris Comstock, 36775 Mesa Road, representing Carousel Carriages, offered their support and expertise on horses and vehicles. Ms. Cornstock stated she understands the City will be using the City of Solvang Ordinance as a model and offered their assistance in this process. Councilmember Ford suggested this be reviewed by the Public/Traffic Safety Commission as well. Council consensus was received to direct staff to prepare an ordinance and to have the Public/Traffic Safety Commission review the proposed ordinance to formulate their recommendation to the City Council. 18. ADDointment of a Planning Commission Rel~resentative to the Joint Temecula/Murrieta Traffic Committee Community Development Director Gary Thornhill presented the staff report. Minutes\3% 12\96 -9- O3/21 City Counci~ Minutes March 12. 1996 tt was moved by Councilmember Birdsall, seconded by Councilmember Ford to approve staff recommendation as follows: 18.1 Appoint Commissioner Rich Soltysiak to serve as the Planning Commission representative to the Joint Temecula/Murrieta Traffic Committee. The motion was unanimously carried with Councilmember Roberrs absent. 19. Cable TV Franchise Transfer Agreement It was moved by Councilmember Ford, seconded by Councilmember Stone to continue this item to the meeting of March 26, 1996. The motion was unanimously carried with Councilmember Roberts absent. CITY MANAGER'S REPORT City Manager Bradley announced the City of Temecula will be hosting the League of California Cities Riverside Division on March 27, 1996, on a walking tour of Old Town, led by Bill Harker at 3:30 PM and a dinner at 7:00 PM at the Embassy Suites. He stated that Duane Roberts, current owner of the Mission Inn and partner in the Old Town Entertainment Project will be the speaker. CITY ATTORNEY'S REPORT None given. ADJOURNMENT It was moved by Councilmember Stone, seconded by Councilmember Ford to adjourn at 8:58 PM to a meeting on March 20, 1996, 7:00 PM, Development Impact Fee Workshop, Rancho California Water District board Room, 42135 Winchester Road, Temecula, California. The motion was unanimously carried with Councilmember Roberts absent. Karel F. Lindemans, Mayor ATTEST: June S. Greek, CMC, City Clerk Minutes\3\12~96 -10- 03/21/96 ITEM 3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXB~IT A THE CITY COUNCIL OF THE C1TY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the Office of the City Clerk, have been audited by the City Manager, and that the same are hereby allowed in the amount of $818,351.05. Section 2. The City Clerk shall certify the adoption of this resolution. APPROVED AND ADOPTED, this 26th day of March, 1996. ATTEST: Karel F. Lindemans, Mayor June S. Greek, CMC, City Clerk [SEAL] Resos~98 I STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I, June S. Greek, City Ck~k of the City of Temecula, hereby do certify that the foregoing Resolution No. 96- was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of March, 1996 by the foilowing roll call vote: COUNCILMEMBERS: NOES: COLrNCILMEIVIBERS: COUNCILMEMBERS: June S. Greek, CMC, City Clerk Reeo~\98 2 CITY OF TEMECULA LIST OF DEMANDS 03/07/96 TOTAL CHECK RUN: 03/15/96 TOTAL CHECK RUN: 03/26/96 TOTAL CHECK RUN: O3107196 TOTAL PAYROLL RUN: TOTAL LIST OF DEMANDS FOR 03/26/95 COUNCIL MEETING: DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL 100 GAS TAX 165 RDA-LOW/MOD 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 195 TCSD SERVICE LEVEL R 210 CAPITAL IMPROVEMENT PROJ (CIP) 280 RDA-CIP 300 INSURANCE 320 INFORMATIONS SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES 380 RDA-DEBT SERVICE 122,065.69 16,520.60 2.367.13 106,833.40 14,358.52 23,020.08 43,302.24 319.43 9,280.00 50,550,92 211,442.73 1,325.66 64,240.39 12,357.21 10,647.74 2,558.01 156.981,77 102,990.56 431,217.42 127,161.30 818,351.05 $ 691,189.75 ~>AYROLL 001 GENERAL 1 O0 GAS TAX 165 RDA-LOW/MOD 190 TCSD 191 TCSD SERVICE LEVEL A 192 TCSD SERVICE LEVEL B 193 TCSD SERVICE LEVEL C 194 TCSD SERVICE LEVEL D 280 RDA-CIP 300 INSURANCE 320 INFORMATION SYSTEMS 330 SUPPORT SERVICES 340 FACILITIES TOTAL BY FUND: GENIE ROBERTS, DIRECTOR OF FINANCE I'RONALD E. BRADLEY, CITY MANAGER 79,642.92 13,890.12 458,21 21.896.54 619,16 697.14 2,075.96 399.25 2,378.77 588.48 1,274.66 782.93 2,459.16 127,161,30 $ 818,351.05 , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. , HEREBY CERTIFY THAT THE FOLLOWING IS TRUE AND CORRECT. VOU'~'~2 CITY OF TEHECULA PAGE 1 OZ , 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME 28008 02/29/96 002143 BALL PARK MAINTENANCE 28008 02/29/96 002143 BALL PARK MAINTENANCE 28014 03/05/96 002109 ~HITE CAP 28015 03/05/96 000164 ESGIL CORPORATION 28016 03/05/96 001104 A R N A INTERNATIONAL 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (ZRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 0]/07/96 00028~ FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) (>' 03/07/96 000283 FIRSTAX (IRS) 6 03/07/96 000283 FIRSTAX (IRS) 662D~5 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (ZRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 000283 FIRSTAX (IRS) 662625 03/07/96 00028] FIRSTAX (%RS) 662625 03/07/96 000283 FIRSTAX (]RS) 662625 03/07/96 000283 FIRSTAX (1RS) 662625 03/07/96 000283 FIRSTAX (%RS) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 678724 03/07/96 000444 FIRSTAX (EDD) 67P 03/07/96 000444 FIRSTAX (EDD) 03/07/96 000444 FIRSTAX (EDD) ITEM DESCRIPTION S INFIELDS RENNOVATION-SPT PRK 5 INFIELDS RENNOVATIOR-SPT PRK STEEL TOE BOOTS FOR T.LIPOCHAK PLAN CK FEES:CRC ENERG GENERAT DOC IMAGING CONF:SARGENT:3/6 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000283 FEDERAL 000Z83 FEDERAL 000283 FEDERAL 000283 NEDICARE 000283 NEDICARE 000283 NEDICARE 000283 NEDICARE 000283 NEDICARE 000283 MEDICARE 00028~ NEDICARE 000283 MEDICARE 000283 MEDICARE 000283 MEDICARE 00028~ MEDICARE 000283 MEDICARE 000283 MEDICARE 000444 SDI 000444 SDI 0004.4/+ SOl 000444 SDI 000444 SDI 000444 STATE 000/+44 STATE 0004/+/+ STATE 000444 STATE 000/~ STATE 000444 STATE 000444 STATE 000444 STATE O00/Ht,4 STATE 0004/~ STATE ACCOUNT NUMBER 190-180-~q9-5212 190-180-999-5212 210-190-139-5804 001-120-999-5261 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-20?0 330-2070 340-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 320-2070 330-2070 340-2070 001-2070 100-2070 190-2070 193-2070 280-2070 001-2070 100-2070 165-2070 190-2070 191-2070 192-2070 193-2070 194-2070 280-2070 300-2070 ITEM AMOUNT 1,777.72 2,195.00 95.00 230,72 50.00 12,115.90 2,610.97 29.56 2,763.43 92.38 84.43 416.43 74.72 158.57 128.52 365.45 114.17 191.48 2,973.78 526.88 14.62 799.33 21.44 23.48 77.20 14.87 74.37 22.43 60.72 26.18 81.27 33.21 11.22 43.14 2.55 8.38 3,281.75 684.74 8.91 635.04 17.11 10.68 98.32 16.22 30.69 38.17 CHECK AMOUNT 3.972.72 95.00 230.~ 50.00 23,862.58 VOUCHRE2 CITY OF TEMECULA 03/07/96 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER VENDOR NAME 678724 03/07/96 000444 678724 03/07/96 000444 678724 03/07/96 000444 FIRSTAX (EDD) FIRSTAX (EDD) FIRSTAX (EDD) 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S 28019 0]/07/96 000680 A N S 28019 03/07/96 000680 A M S 28019 03/07/96 000680 A M S TNS TMS TMS TMS TMS TMS TMS TMS TMS TMS TMS 28020 0]/07/96 000116 A V P VISION PLANS 28020 03/07/96 000116 A V P VISION PLANS 28020 03/07/96 000116 A V P VISION PLANS 28020 0]/07/96 000116 A V P VISION PLANS 28020 03/07/96 000116 A V P VISION PLANS 28020 03/07/96 000116 A V P VISION PLANS 28020 03/07/96 000116 A V P VISION PLANS 28020 03/07/96 000116 A V P VISION PLANS 28021 03/07/96 000122 B S N SPORTS 28021 03/07/96 000122 S S N SPORTS 28021 03/07/96 000122 B S N SPORTS 28022 03/07/96 001718 SEJING LONGEVITY, INC, 28023 03107/96 001998 BONETTI, PATRICIA 28024 03/07/96 BRINKMAN, PAUL 28025 03/07/96 BUHLER, AMY M. 28025 03/07/96 BUHLER, AMY N. 28026 03/07/96 CABRALES, ELSA 28026 03/07/96 CABRALES, ELSA 28027 03/07/96 28027 03/07/96 28027 03/07/96 28027 03/07/96 28027 03/07/96 28027 03/07/96 28027 03/07/96 28027 03/07/96 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 000128 CAL-SURANCE ASSOCIATES 28027 03/07/96 000128 CAL-SURANCE ASSOCIATES 28027 03/07/96 000128 CAL-SURANCE ASSOCIATES ITEM DESCRIPTION 000444 STATE 000444 STATE 000444 STATE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE DEPOSIT FOR RESETTING POSTAGE 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP 000116 AVP COBRA MARCH MACGREGOR BASKETBALL NET FREIGHT TAX TCSD INSTRUCTORS EARNINGS TCSD INSTRUCTORS EARNINGS CONF REIMB FOR PARKING FEES ACCOUNT NUMBER 320-2070 330-2070 340-2070 001-100-999-5230 001-110-999-5230 001-120-999-5230 001-162-999-5230 190-180-999-5230 001-140-999-5230 001-150-999-5230 001-161-501-5230 001-161-502-5230 100-164-604-52~0 320-199-999-5230 001-2310 100-2310 165-2310 190-2310 280-2310 300-2310 340-2310 001-1180 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-183-999-5330 190-183-999-5330 001-170-999-5261 REFUND-SECURITY DEPOSIT 190-2900 ADDITIONAL CHARGES 190-183-4990 REFUND-TCSD CLASS REGISTRATION REFUND-SECURITY DEPOSIT 190-183-4990 190-183-4990 FEB 96 WORKER CONP INSURANCE 001-2370 FEB 96 WORKER CQMP INSURANCE 100-2370 FEB 96 WORKER COMP INSURANCE 165-2~70 FEB 96 WORKER C014P INSURANCE 190-2~70 FEB 96 WORKER COMP INSURANCE 191-2370 FEB 96 WORKER COMP INSURANCE 192-2370 FEB 96 WORKER COMP INSURANCE 193-2370 FEB 96 WORKER COMP INSURANCE 194-2370 FEB 96 WORKER CC3MP INSURANCE 280-2370 FEB 96 WORKER COMP INSURANCE 300-2370 ITEM AMOUNT 92.35 21.76 23.27 2.57 83.22 133.51 60.27 157.05 406.32 61.67 421.54 421.53 143.28 .32 515.98 80.51 4.18 72.40 5.14 2.44 16.70 9.75 43.00 5.00 3,34 36.00 64.00 34.12 100.00 55.00- 355.00 100.00 2,939.70 1,061.41 22.58 1,372.30 71.66 8.40 142.34 19.40 74.86 8.08 CHECK AMOUNT 5,057.51 1,891.28 707;10 51.34 36.00 64.00 34.12 45.00 455.00 CiTY OF TEMECULA PAGE 3 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM ACCOUNT NUMBER DATE NUMBER NAME DESCRIPTION NUMBER ITEM AMOUNT CHECK AMOUNT 28027 03107196 000128 CAL-SURANCE ASSOCIATES, FEB 96 ~ORKER CONP INSURANCE 320-2370 28027 05/07/96 000128 CAL-SURANCE ASSOCIATES, FEB 96 gORKER CONP INSURANCE 330-2~70 28027 05/07/96 000128 CAL-SURANCE ASSOCIATES, FEB 96 WORKER CONP INSURANCE 340-2570 28027 05/07/96 000128 CAL-SURANCE ASSOCIATES, FEB 96 ~ORKER CONP INSURANCE 001-1182 28028 03/07/96 000126 CALIFORNIA LANDSCAPE NA LANDSCP. NAINT./RIVERTON PARK 190-180-999-5415 28028 03/07/96 000126 CALIFORNIA LANDSCAPE NA LAND/IRR. IMPROV/PALOMA PARK 190-180-999-5415 21.40 8.21 265.39 65.27 175.30 770.90 6,081.00 944.20 28029 03/07/96 CAPRINO, RICKI REFUND:TCSD CLASS REGISTRATION 190-183-4982 65.00 65.00 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 001-2330 39.75 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 600 A&S 190-2330 39.75 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 001-2530 18.75 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 800 A&S 190-2~30 162.00 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 001-2330 167.91 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 100-2330 58.19 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 165-2330 6.47 28050 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 190-2330 89.6~ 28030 03/07/96 000140 COLONIAL LIFE & ACCIDEN 000140 CANCER 280-2330 6.47 28031 03/07/96 002233 CONEXPO-CON/AGG 96 CONEXP CONF:HODSON:3/20-24/96 001-163-999-5258 395.00 395.00 05/07/96 001535 CREEKSIDE TEXACO, INC. PW VEHICLE OIL CHANGE/BRAKES 100'164'604-5214 2~2 05/07/96 001555 CREEKSIDE TEXACO, INC. TOOK CREDIT W/O PAYING INVOICE 100-164-604-5214 498.32 166.32 664,64 28033 03/07/96 00187"5 CROBARGER, RICHARD TCSD INSTRUCTORS EARNINGS 190-183-999-5330 340.00 340.00 28034 03/07/96 002106 DA FAMILY SUPPORT 002106 SUPPORT 190-2140 82.50 82.50 28035 03/07/96 0012~3 DAN#S FEED & SEED, INC. FIELD TANKS PROPANE GAS SUPPLY 100-16~-601-5218 13.T~ 13.73 28036 03/07/96 001393 DATA TICKET, INC. NOV PRKING CITATIONS PROCESS[N 001-140-999-5250 28036 03/07/96 001393 DATA TICKET, INC. NOV PRKING CITATIONS PROCESSIN 001-170-999-5250 28036 03/07/96 001393 DATA TICKET, INC. DEC PRKING CITATIONS PROCESSIN 001-140-999-5250 28036 03/07/96 001393 DATA TICKET, INC. DEC PRKING CITATIONS PROCESSIN 001-170-999-5250 28036 03/07/96 001393 DATA TICKET, INC. JAN PARKING CITATIONS PROCESS 001-140-999-5250 28036 05/07/96 001393 DATA TICKET, INC. JAN PARKING CITATIONS PROCESS 001-170-999-5250 68.75 68.75 60.00 60.00 65.00 65.00 387.50 28037 03/07/96 000156 DENTICARE OF CALIFORNIA 000156 DENT-REV 001-1180 28037 03/07/96 000156 DENTIOARE OF CALIFORNIA 000156 DENTICAR 001-2340 28037 03/07/96 000156 DENTICARE OF CALIFORNIA 000156 DEN-AMIN 001-2340 28037 03/07/96 000156 DENTICARE OF CALIFORNIA 000156 DENT-ADV 001-1180 28037 03/07/96 000156 DENTICARE OF CALIFORNIA 000156 DENTICAR 001-2340 28040 28038 03/07/96 001673 DIVERSIFIED TEMPORARY S TEMP HELP W/E 2/25 COLRAN 001-110-999-5118 28039 03/07/96 002148 EXPRESS TEL FEB LUNG DIST FOR CITY HALL 320-199-999-5208 03/07/96 000165 FEDERAL EXPRESS, INC. EXPRESS MAIL SERVICES 001-162-999-5230 03/07/96 000165 FEDERAL EXPRESS, INC, EXPRESS NAIL SERVICES 280-199-999-5230 03/07/96 000165 FEDERAL EXPRESS, INC. EXPRESS NAIL SERVICES 210-199-650-5804 8.39- 8.39 15.00 8.39 8.39 72.24 1,182.66 62.25 34.75 7.75 31.78 72.24 1,182.66 VOUCHRE2 CITY OF TEMECULA 03/07/96 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 28040 03/07/96 000165 28040 03/07/96 000165 28040 03/07/96 000165 Z8040 03/07/96 000165 28040 03/07/96 000165 VENDOR NAME FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. FEDERAL EXPRESS, INC. 28041 03/07/96 001135 FIRST CARE INDUSTRIAL M ITEM DESCRIPTION EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES EXPRESS MAIL SERVICES PRE-ENPLOYMENT PHYSICALS 28042 03/07/96 002002 FORTIS BENEFITS INS, CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE ]NS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS %MS. CO 002002 LIFE INS 28042 03/07/96 002002 FORT%S BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS %MS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LIFE INS 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 LTD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STO 28042 03/07/96 002002 FORTZS BENEF]TS INS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS %NS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STD 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STO 28042 03/07/96 002002 FORTIS BENEFITS INS. CO 002002 STD FORTNER HARDMARE~ INC, FORTNER NARDMARE, INC. 28044 03/07/96 000643 28044 03/07/96 000643 TCSD MAINTENANCE SUPPLIES MISC SUPPLIES-PM MAINT CREMS ACCOUNT NUMBER 001-140-999-5230 Z80-199-999-52~0 001-161-501-5230 001-161-502-5230 330-199-999-5230 001-150-999-5248 001-2360 100-2360 165-2360 190-2360 191-Z360 192-2360 193-2360 194-2360 280-2360 300-2360 320-2360 330-2360 340-2360 001-2380 100-2380 165-2380 190-2380 191-2380 192-2380 193-2380 194-2380 280-2380 300-2380 320-2380 330-2380 340-2380 001-2500 100-2500 165-2500 190-2500 191-2500 192-2500 195-2500 194-2500 280-2500 300-2500 320-2500 330-2500 340-2500 190-180-999-5212 100-164-601-5218 ITEM AMOUNT 26.75 19.00 3.88 3.87 31.45 105.00 521.94 84.97 2.13 123.26 4.25 8.50 12.75 2.12 7.22 4.24 8.50 8.50 19.12 892,41 151.54 5.28 196.27 5.85 6.89 20.31 4,76 14.27 7.08 18,52 6.89 22.83 927.82 160.09 5.59 206.50 6.19 7.29 21.49 5,04 15.10 7.49 19.59 7.29 24.16 35.42 170.76 CHECK AMOUNT 189.70 105.00 3,574.04 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 28045 03/07/96 001989 28045 03/07/96 001989 28045 03/07/96 001989 28046 05/07/96 000170 28046 03/07/96 000170 28046 03/07/96 000170 28047 03/07/96 000184 28048 05/07/96 002141 28049 03/07/96 000177 28049 03/07/96 000177 28050 03/07/96 000711 28050 03/07/96 000711 28051 03/07/96 001697 28052 03/07/96 000186 03/07/96 000186 2Bu~ 03/07/96 002098 28054 03/07/96 000194 28054 03/07/96 000194 28054 03/07/96 000194 28054 03/07/96 000194 28055 03/07/96 000199 28055 03/07/96 000199 28056 03/07/96 000206 28057 03/07/96 000209 28058 03/07/96 000220 28058 03/07/96 000220 28059 03/07/96 001205 28060 03/07/96 002180 28061 03/07/96 000226 28061 05/07/96 000226 28061 03/07/96 000226 28061 03/07/96 000226 VENDOR NAME FOX NETMORK SYSTEMS, IN FOX BETWORK SYSTEMS, IN FOX NETWORK SYSTEMS, IN FRANKLIN QUEST COMPANY~ FRANKLIN ~UEST COMPANY, FRANKLIN gUEST COMPANY, G T E CALIFORNIA - PAYM GEIS, PAUL GLENNiES OFFICE PROOUCT GLENHIES OFFICE PROOUCT GRAPHICS UNLIMITED LITH GRAPHICS UNLIMITED LITH HALL, NANCY LEE NANKS HARDWARE, INC. HANKS HARDWARE, INC. HOUSE OF MOTORCYCLES I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS I C M A RETIREMENT TRUS INTERNAL REVENUE SERVIC INTERNAL REVENUE SERVIC KINKO~S OF RIVERSIDE, L & M FERTILIZER, INC. NAURICE PRINTERS, iNC. MAURICE PRINTERS, iNC. MCDERMOTT~ TIM K. MERIT SPECIALTIES MICRO AGE COMPUTER CENT MICRO AGE COI4PtJTER CENT MICRO AGE COMPUTER CENT MICRO AGE COMPUTER CENT 03/07/96 001892 MOBILE MOUULAR 03/07/96 001892 MOBILE MCX)ULAR CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS ITEM DESCRIPTION NET-911 UPGRAOE VERSION INSTALLATION NEW-911 SYSTEMS TAX DAY PLANNERS SUPPLiES:ALLIE FRANKLIN CALENDkR 96-C.PLAN FRANKLIN CALENDAR 96-A.PLAN 909 694-8927 GEM USAGE MOTORCYCLE REPAIR-TEM. POLICE OFFICE SUPPLiES/FINANCE DEPT ACCOUNT NUf4BER 320-199-999-5221 320-199-999-5215 320-199'999-5Z21 001-1170 001-161-501'5220 001-161'502'5220 320-199-999-5208 001-170-999-5214 001-140-999-5220 TOUK CREDIT TWICE INVI/389265-0 001-110-999-5220 PRINTING OF MARKETING FOLDERS TAX TCSD INSTRUCTORS EARNINGS MISC SUPPLIES FOR FIRE DEPT NA]NTENANCE SUPPLIES FOR PARKS VEHICLE MAIBT/REPAIR 000194 DEF COHP 000194 DEF COMP 000194 DEF CC~4P 000194 DEF CONP 000199 IRS GARN 0001999 IRS GARN STATIONERY PAPER MISC SUPPLIES FOR NAiNT CREWS 2000 FAST TRACT BROCHURES 2000 FAST TRACK BROCHURES CSMFO CONF REIMB:2/Z6-Z7:NCDER R.CA SPT PRK RESTROOM IMPROVEM HP OFFICEJET PRINTER TAX PERFECTOFFiCE 3.0 SOFTuARE TAX MAR LEASE PNT~INTERIN FiRE STA TAX 280-199-999-5270 280-199-999-5270 190-183-999-5330 001-171-999-5470 190-180-999-5212 001-170-999-5214 001-2080 100-2080 190-2080 280-2080 001-2140 100-2140 330-199-999-5220 100-164-601-5218 280-199-999-5270 280-199-999-5270 001-140-999-5258 190-180-999-5212 320-1970 320-1970 001-171-999-5606 001-171-999-5606 001-171-999-5470 001-171-999-5470 ITEM AMOUNT 250.00 170.00 !9.38 29.53 43.59 43.58 25.80 100.00 245.34 52,41 8,529.00 661.00 27.00 37.70 809.16 10.04 1,715.83 211.38 546.28 28.04 145,66 145.65 20.05 56.89 169.18 115.28 42.78 985.00 605.00 46.89 535.00 41.46 905.00 70.14 PAGE 5 CHECK AMOUNT 439.38 116.70 25.80 100.00 295.75 9,190.00 27.00 8~6.86 10.04 2,501.53 291.31 20.05 56.89 284.46 42.78 985.00 1,228.35 VOUCHRE2 CITY OF TENECULA 0]/07/96 15:.14 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 28062 28062 28062 28062 28063 28063 28063 28063 28063 28064 28064 28065 28066 28067 28067 28068 28069 28070 28070 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 28071 CHECK VENDOR VENDOR DATE NUMBER NAME 0]/07/96 0]/07/96 0.1/07/96 0]/07/96 0'1/07/96 0'1/07/96 03/07/96 0.1/07/96 03/07/96 03/07/96 03/07/96 0]107/96 03/07/96 03/07/96 0]/07/96 0'1/07/96 0.1/07/96 0]/07/96 03/07/96 0.1/07/96 03/07/96 03/07/96 03/07/96 03/07/96 03/07/96 03/07/96 03/07/96 0]/07/96 03/07/96 03/07/96 0.1/07/96 03/07/96 03/07/96 03/07/96 03/07/96 03/07/96 03/07/96 0]/07/96 0]/07/96 03/07/96 0'1/07/96 0.1/07/96 001892 MOBILE MOOULAR 001892 MOBILE MOOULAR 001892 MOBILE MODULAR 001892 MOBILE MODULAR 000883 MONTELEONE EXCAVATING 000883 MONTELEONE EXCAVATING 000883 NONTELEONE EXCAVATING 00088] MONTELEONE EXCAVATING 000883 NONTELEONE EXCAVATING 001654 MONTEREY SYSTEMS, INC, 001654 MONTEREY SYSTEMS, INC. 000775 MUNIMETRIX SYSTEMS CORP 002199 N R P A AQUATIC CONFERA 001194 NATIONAL SANITARY SUPPL 001394 NATIONAL SANITARY SUPPL 001245 PALMQUIST, MARY 000525 000525 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS 000246 PERS PARKER, FRED PARKS RONALD J. PARKS RONALD J. PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES# RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES' RETIRE PERS EMPLOYEES~ RETIRE PERS EMPLOYEES~ RETIRE EMPLOYEES~ RETIRE EMPLOYEESw RETIRE EMPLOYEES~ RETIRE EMPLOYEES' RETIRE EMPLOYEES~ RETIRE EMPLOYEES~ RETIRE EMPLOYEES~ RETIRE EMPLOYEES~ RETIRE EMPLOYEES~ RETIRE EMPLOYEES' RETIRE EMPLOYEES' RETIRE EMPLOYEES~ RETIRE EMPLOYEES~ RETIRE ITEM ACCOUNT ]TEN CHECK DESCRIPTION NUMBER AMOUNT AMOUNT MAR LEASE PMT-INTERIM FIRE STA 001-171-999-5470 MAR LEASE PMT-INTERIM FIRE STA 001-171-999-5470 MAR LEASE PMT-INTERIM FIRE STA 001-171-999-5470 TAX 001-171-999-5470 ENERG STREET REPAIRS:SANTIAGO 195-180-999-5402 EMERG STREET REPAIRS: SANTIAGO 195-180-999-5402 ENERG STREET REPAIRS: SANTIAGO 195-180-999-5402 EMERG STREET REPAIRS:WALCOT 195-180-999-5402 EMERG STREET REPAIRS: LIEFER 195-180-999-5402 MICROFILM SUPPLIES MICROFILM SUPPLIES .130-199-999-5277 330-199-999-5277 SOFTWARE MAINT FOR .120-199-999-5211 AQUATIC CONF:CRAMER/PELLET[ER 190-18~-q99-5310 BUILDING MAINTENANCE SUPPLIES 190-182-999-5212 BUILDING MAINTENANCE SUPPLIES 190-182-999-5212 TCSD INSTRUCTORS EARNINGS 190-183-999-5330 REFUND:TCSD CLASS REGISTRATION 190-18.1-4980 LEAGUE CONF REIMB:7/26-29:PARN 001-100-999-5258 LEAGUE CONF REIMB:10/21-24:PAR 001-100-999-5258 1,370.00 905.00 1,713.23- 176.32 942.00 1,726.00 2,344.00 1,924.00 2,344.00 .159.33 65.25 480.00 200.00 49.51 112.24 472.00 60.00 30.00 133.93 000246 PER REDE 001-2130 202.31 000246 PER REDE 100-2130 65.19 000246 PER REDE 190-21.10 3.34 000246 PER REDE 280-2130 1.00 000246 PERS RET 001-2390 13#8~'1.25 000246 PERS RET 100-2390 2,279.13 000246 PERS RET 165-2~90 82.54 000246 PERS RET 190-2.190 2,9.17.53 000246 PERS RET 191-2390 94.44 000246 PERS RET 192-2390 111.05 000246 PERS RET 193-2390 324,86 000246 PERS RET 194-2390 75.17 000246 PERS RET 280-2390 226.21 000246 PERS RET .100-2.190 106.81 000246 PERS RET .120-2390 282.54 000246 PERS RET 330-2390 125.37 000246 PERS RET 340-2390 349.87 000246 SURVIVOR 001-2390 60.48 000246 SURVIVOR 100-2390 9.29 000246 SURVIVOR 165-2390 .23 000246 SURVIVOR 190-2390 12.56 000246 SURVIVOR 191-2390 .47 000246 SURVIVOR 192-2~90 9,280,00 424.58 480.00 200.00 161.75 4' 60.00 CITY OF TEHECULA PAGE 7 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUNBER DATE NUMBER NAME 28071 03/07/96 000246 PERS 28071 03/07/96 000246 PERS 28071 03/07/96 000246 PERS 28071 03/07/96 000246 PERS 28071 03/07/96 000246 PERS 28071 03107/96 000246 PERS 28071 03107/96 000246 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 2807'~ 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 2807~ 03107/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 280T~ 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS · 03/07/96 000245 PERS 03/07/96 000245 PERS 2~u/3 03/07/96 000245 PERS 280TJ 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 280T3 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000265 PERS 28073 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 28073 03/07/96 000245 PERS 2807~ 03/07/96 000245 PERS ?' 03/07/96 000245 PERS 03/07/96 000245 PERS ITEM DESCRIPTION EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR EMPLOYEES~ RETIRE 000266 SURVIVOR EMPLOYEES# RETIRE 000246 SURVIVOR EMPLOYEES' RETIRE 000246 SURVIVOR HEALTH INSUR. PRE 000245 AETNA 80 HEALTH INSUR. PRE 000245 AETNA GO HEALTH INSUR. PRE 000245 AETNA SO HEALTH INSURo PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 RELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTNNET HEALTH INSUR. PRE 000245 KAXSERSO HEALTH INSUR. PRE 000245 KAISERSO HEALTH INSUR. PRE 000245 KAISERSO HEALTH INSUR. PRE 000245 PACIF%CR HEALTH %NSUR. PRE 000245 PACIFICR HEALTH INSUR. PRE 000245 PERS CHO HEALTH INSUR. PRE 000245 PERS CHO HEALTH INSUR. PRE 000245 PERS REV HEALTH INSUR. PRE 000245 TAKECARE (HEALTH INSUR. PRE 000245 AETNA SO HEALTH INSUR. PRE 000245 AETNA SO HEALTH INSUR. PRE 000245 AETNA SO HEALTH INSUR. PRE 000245 BLSHIELD 4EALTH INSUR. PRE 000245 CIGHA HEALTH INSUR. PRE 000245 CIGNA ~EALTH ZNSUR. PRE 000245 CIGNA HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH [NSUR. PRE 000245 HELTHNET HEALTH INSUR. PRE 000245 HELTHNET HEALTH IRSUR. PRE 000245 HELTRNET HEALTH INSUR. PRE 000245 KAISERSO HEALTH INSUR. PRE 000245 KAISERSO HEALTH INSUR. PRE 000245 KAISERSO HEALTH INSUR. PRE 000245 KAISERSO HEALTH INSUR. PRE 000245 PACIFICR HEALTH INSUR. PRE 000245 PACIFICR HEALTH INSUR. PRE 000245 PACIFICR HEALTH IRSUR. PRE 000245 PACIFICR HEALTH INSUR. PRE 000245 PACIFICR HEALTH INSUR. PRE 000245 PERS CHO HEALTH INSUR. PRE 000245 PERS CHO HEALTH INSUR. PRE 000245 PERS DED ACCOUNT NUMBER 193-2390 194-2390 280-2390 300-Z390 320-2390 330-2390 340-2390 001-2090 165-2090 280-2090 001-2090 100-2090 190-2090 280-2090 340-2090 100'2090 190'2090 340'2090 001-2090 100-2090 001-2090 100-2090 001-2090 001'2090 001'2090 165-2090 280-2090 001-2090 001-2090 100-2090 300-2090 001-2090 100-2090 190'2090 193'2090 280-2090 330-2090 340-2090 001-2090 100-2090 190-2090 340-2090 001-2090 100-2090 190-2090 192-2090 194-2090 001-2090 100-2090 001-2090 ITEM AMOUNT 1.39 .23 .78 .46 .93 .93 2.09 112.42 44.21 44.21 181.78 8.37 41.13 96.00 3.68 18.79 104.32 34.77 138.29 26.21 111.92 2.40 985.55- 17.05 654.66 57.49 57.49 406.00 451.68 122.47 38.25 4,228.62 1,160.8~ 1,557.27 296.00 96.40 296.00 381.12 1,061.70 950.59 349.60 65.24 1,419.92 6/+9.96 619.24 313.54 101.90 2,515.27 38.41 1,008.65 CHECK AMOUNT 21,221.38 VOUCHRE2 CITY OF TEMECULA 03/07/96 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR ITEM NUMBER DATE NUMBER NAME DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 2807'3 03/07/96 000245 PERS (HEALTH INSUR. PRE 000245 PERS-ADN 2807] 03/07/96 000245 PERS (HEALTH INSUR. PRE 000245 TAKECARE 28073 03/07/96 000245 PERS (HEALTH INSUR. PRE 000245 TAKECARE 001-2090 001-2090 100-2090 104.13 1,258.70 78.75 20,]39.86 28074 03/07/96 001707 PETCO ANIMAL SUPPLIES, 28074 03/07/96 001707 PETCO ANIMAL SUPPLIES, 28074 0]/07/96 001707 PETCO ANIMAL SUPPLIES, 28074 03/07/96 001707 PETCO ANIMAL SUPPLIES, 28074 03/07/96 001707 PETCO ANIMAL SUPPLIES, K-9 FOOD/SUPPLIES K-9 FOOD/SUPPLIES K-9 FOOO/SUPPLIES K-9 FCX30/SUPPLIES K-9 FOOD/SUPPLIES 001-170-999-5327 001-170-999-5327 001-170-999-5327 001-170-999-5327 001-170-999-5327 7.98 47.98 53.96 47.98 91.97 249.87 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH 28075 03/07/96 000249 PETTY CASH PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REIMBURSEMENT PETTY CASH REINBURSEMENT 001-110-999-5223 001-140-999-5220 001-150-999-5261 001-163-999-5250 001-171-999-5242 190-180-999-5261 190-183-999-5320 280-199-999-5260 25.66 64.94 26.50 9.69 36.00 9.68 30.90 6.00 209.37 28076 03/07/96 000580 PHOTO WORKS 28076 03/07/96 000580 PHOTO WORKS 28076 03/07/96 000580 PHOTO WORKS 28076 03/07/96 000580 PHOTO WORKS 28076 03/07/96 000580 PHOTO WORKS 28076 03/07/96 000580 PHOTO ~C)RKS 28076 03/07/96 000580 PHOTO WORKS 28076 0]/O7/96 Oo0580 PHOTO WORKS 28076 03107/96 000580 PHOTO ~ORKS 28076 03/07/96 000580 PHOTO WORKS SLIDE, PICTURES, COPIES SLIDE, PICTURES, COPIES FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING FILM & PHOTO DEVELOPING 001-161-501-5224 001-161-502-5224 001-161-501-5224 001-161-502-5224 001-161-501-5224 001-161-502-5224 001-161-501-5224 001-161-502-5224 001-161-501-5224 001-161-502-5224 5.87 5.86 7.58 7.58 6.46 6.45 2.15 2.15 25.12 25.12 94.34 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DEHTALPM 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPM 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPN 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPN 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 DENTALPN 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. 001537 OENTALPM 28077 03/07/96 001537 PRINCIPAL MUTUAL, INC. COBRA-MARCH 96 28078 03/07/96 00136~ R C P BLOCK & 8RICK, IN 28078 03/07/96 001364 R C P BLOCK & BRICK, IN 28078 03/07/96 001364 R C P BLOCK & BRICK, IN 12 QTS-SAFETY 1GRAFFITI RENOV 12 QTS-SAFETY 2 GRAFFITI REMOV TAX 001-2340 100-2340 165-2340 190-2340 280-2340 300-2340 330-2340 340-2340 001-1180 I00-164-601-5218 100-164-601-5218 100-164-601-5218 1,651.23 459.33 14.59 321.34 14.58 14.58 22.11 72.92 88.44 114.00 162.00 21.39 2,659.12 297.39 28079 03/07/96 002214 RANCHO AUTO UPHOLSTERY C.R.C. CHAIR REPAIRS 190-182-999-5212 66.00 66.00 28080 03/07/96 000947 RANCHO BELL BLUEPRINT C 28080 03/07/96 000947 RANCHO BELL BLUEPRINT C 28080 03/07/96 000947 RANCHO BELL BLUEPRINT C LEGAL MAPS & DOCUMENTS:ADV PLA 001-16t-502-5224 BLUEPRINT REPRO:CIP PW95-96 210-165-655-5802 BLUEPRINTS-LAND DEVEL DIVISION 001-163-999-5268 14.10 307.T3 10.70 33P_~3 28081 03/07/96 000262 RANCHO CALIFORNIA WATER 01-04-14511-0 R.C. RD LSCP 191-180-999-5240 12.18 VI3Y"'~2 CITY OF TEMECULA PAGE 9 O: ~ 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NANE ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 28081 03/07/96 000262 RANCHO CALIFORNIA MATER 28081 03/07/96 000262 RANCHO CALIFORNIA MATER 28081 03/07/96 000262 RANCHO CALIFORNIA MATER 28081 03/07/96 000262 RANCHO CALIFORNIA MATER 28081 03/07/96 000262 RANCHO CALIFORNIA MATER 28081 03/07/96 000262 RANCHO CALIFORNIA MATER VARIOUS MATER METERS VARIOUS MATER METERS VARIOUS WATER METERS MTR SRVC/VAR LOCATIONS/JAN ~TR SRVC/VAR LOCATIONS/JAN MTR SRVC/VAR LOCATIONS/JAN 190-180-999-5240 191-180-999-5240 193-180-999-5240 190-180-999-5240 193-180-999-5240 193-180-999-5240 218.28 48.04 607.32 608.83 1.00 1,819.45 3,315.10 28082 03/07/96 000266 RIGHTMAY PORTABLE TOILET RENTAL/PARKS 190-180-999-5238 13.55 13.55 28083 03/07/96 000271 ROBERT BEIN, WM FROST & JAN PROF SERVS'MALCOTT CORRIDO 210'165'637-5802 476.00 476.00 28084 03/07/96 000873 ROBERTS, RONALD H. LEAGUE CONF RElMB:2/22-23:ROBE 001-100-999-5258 30.28 30.28 28085 03/07/96 000499 S C C C A C.C.ASSOC MTG:GREEK/JONES:3/22 001-120-999-5260 50.00 50.00 28086 03/07/96 000926 SOUTHERN CALIF EDISON ELECT. SRVC/SENIOR CENTER/F~B 190-181-999-5240 28086 03/07/96 000926 SOUTHERN CALIF EOISON ELEC SRVC/VAR. LOCATIONS/FEB 191-180-999-5240 28086 03/07/96 000926 SOUTHERN CALIF EOISON ELEC SRVC/VAR. LOCATIONS/FEB 191-180-999-5319 28086 03/07/96 000926 SOUTHERN CALIF EDISON ELECT. SRVC/CITY HALL/FEB 340-199-999-5240 28086 03/07/96 000926 SOUTHERN CALIF EDI80N ELEC SRVC/VAR. LOCATIONS/FEB 190-180-999-5240 280_86 03/07/96 000926 SOUTHERN CALIF EOISON ELECT. SRVC/STORAGE/FEB 340-199-999-5240 03/07/96 000926 SOUTHERN CALIF EDISON ELEC SRVC/NEM CITY HALL/FEB 340-199-999-5240 03/07/96 000926 SOUTHERN CALIF EDISON ELEC SRVC/AVE OE MISSNS/FEB 193-180-999-5240 28u~6 03/07/96 000926 SOUTHERN CALZF EDISON ELEC SRVC IRR/RANCHO VISTA/FEB 190-180-999-5240 28087 03/07/96 000537 SOUTHERN CALIF EDISON - 2-02-351-5489 CITY YARD 100-164-601-5240 749,34 402.98 3,535.38 2,760.70 1,287.99 82.87 326.03 15.40 33.70 123.28 9,194.39 12~.28 28088 03/07/96 001212 SOUTHERN CALIF GAS CONP 07-8272-901-5751-9 C.R.C. 190-182-999-5240 143.28 143.28 28089 03/07/96 000375 SOUTHERN CALIF TELEPNON 909 205-7826 GR 28089 03/07/96 000375 SOUTHERN CALIF TELEPNON 909-202-3800/MM/FEB 001-140-999-5208 190-180-999-5208 87.82 56.72 144.54 28090 03/07/96 001987 SOUTHERN CALIFORNIA TEL MOTOROLA FLIP PHONE/BATTERY 190-180-999-5208 203.63 203,63 28091 03/07/96 SOUTNMEST TRADERS, ]NC. REFUND-HENS SOFTBALL REG FEES 190-183'4994 425.00 425.00 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN DUES 001-2125 401.47 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN DUES 100-2125 45.31 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN DUES 190-2125 111.00 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN DUES 193-2125 18.50 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN DUES 280-2125 11.09 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN DUES 300-2125 4.63 28092 03/07/96 001547 TEAMSTERS LOCAL 911 001547 UN OUES 320-2125 18.50 28093 03/07/96 001672 TEMECULA DRAIN SERV & P 28094 03/07/96 001633 TEMECULA VALLEY ECOROHI 28095 03/07/96 000306 TEMECULA VALLEY PIPE & PLUMBING SERVICES FOR TCSD TEN ECOR DEV MTG:BRADLEY:3/21 MAINT/REPAIR OF PARK/REC FAC t90-180-999-5212 001-110-999-5260 190-180-999-5212 67.00 25.00 109.22 610.50 67.00 25.00 109.22 03/07/96 000642 TEMECULA, CITY OF - FLE FLEX BENEFIT 001-1020 3,508.72 VOUCHRE2 CITY OF TEMECULA I~'~"10 0]/07/96 15:34 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 28096 0]/07/96 28096 03/07/96 28096 03/07/96 28096 0]/07/96 28096 0]/07/96 28097 03/07/96 28097 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28098 03/07/96 28099 03/07/96 VENDOR ITEM ACCOUNT NAME DESCRIPTION NUMBER 000642 TENECULA, CITY OF - FLE FLEX BENEFIT 000642 TENECULA, CITY OF - FLE FLEX BENEFIT 000642 TENECULA, CITY OF - FLE FLEX BENEFIT 000642 TENECULA~ CITY OF - FLE FLEX BENEFIT 000642 TENECULA, CITY OF - FLE FLEX BENEFIT 000783 TONAR ELECTRONICS, INC. 000783 TOMAR ELECTRONICS, INC. STROBE LIGHT FOR PW VEHICLE FREIGHT 002107 TRAMS-GENERAL LIFE INS. 002107 VL REVER 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS, 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS. 002107 VL ADVAN 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 002107 TRANS-GENERAL LIFE INS. 002107 VOL LIFE 001944 TRANSTECH ENGINEERS, IN U S C N/PEBSCO DEF. C U S C N/PEBSCO DEF. C U S C N/PEBSCO DEF, C U S C N/PEBSCO DEF. C U S C N/PEBSCO DEF. C U S C N/PEBSCO DEF. C U S C M/PEBSCO DEF. C U S C N/PEESCO DEF, C 28111 0]/07/96 001065 28111 03/07/96 001065 28111 03/07/96 001065 28111 0]/07/96 001065 28111 03/07/96 001065 28111 03/07/96 001065 28111 0]/07/96 001065 Z8111 03/07/96 001065 SIGNAL DESIGN/PALA/NWY 79 001065 DEF CUMP 001065 DEF CUMP 001065 DEF COMP 001065 DEF CONP 001065 DEF CONP 001065 DEF CUMP 001065 DEF CONP 001065 DEF CONP 28112 03/07/96 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 28112 03/07/96 000389 U S C M/PEBSCO (OBRA) 000389 PT RETIR 28112 0]/07/96 000]89 U S C N/PEBSCO (OBRA) 000389 PT RETIR 28112 03/07/96 000389 U S C N/PEBSCO (ORRA) 000389 PT RETIR 28112 03/07/96 000389 U S C M/PEBSCO (OGRA) 000389 PT RETIR 190-1020 165-1020 300-1020 ]40-1020 280-1020 001-165-999-5242 001-165-999-5242 001-2510 001-2510 190-2510 192-2510 340-2510 001-2510 001-2510 190-2510 192-2510 340-2510 210-165-659-5804 001-2080 100-2080 190-2080 194-2080 280-2080 300-2080 320-2080 340-2080 001-2160 100-2160 190-2160 193-2160 280-2160 28113 03107/96 002065 UNISOURCE COLOR PAPER FOR CITY HALL 330-199-9~9-5Z20 2811] 0]/07/96 002065 UNISOURCE TAX 330-199-999-5220 28114 03/07/96 000325 UNITED WAY OF THE INLAN 000325 28114 03/07/96 000325 UNITED WAY OF THE INLAN 000325 28114 03/07/96 000325 UNITED WAY OF THE INLAN 000325 28114 03/07/96 000325 UNITED WAY OF THE INLAN 000325 28115 03/07/96 002003 UNITROL CORPORATION 28116 03/07/96 001997 WINDOWS MAGAZINE 28117 03/07/96 000345 XEROX CORPORATION BILLI MAINT. AMPLIFIER FOR POLICE SUBSCRIPTION TO WINDO~ NAG MAR LEASE AGMNT:5100A COPIER 001-2120 100-2120 190-2120 280-2120 001-170-999-5214 320-199-999-5228 330-199-999-5239 ITEM AMOUNT 644.16 68.75 37.48 62.50 306.30 52,50 3.20 203.30- 164.20 32.41 6.00 .69 203.30 164.20 32.42 6.00 .68 575.00 2,652.92 176.84 756.70 5.00 19.70 5.00 312.50 87.50 311.34 105.22 404.46 23.94 78.50 880.00 68.20 67.24 10.96 15.00 .30 272.78 29.97 3,738.00 CHECK AMOUNT 4,627.91 55.70 406.60 575..~oo 4,016.16 923.46 948.20 93.50 272.78 29.97 3, ~ TOTAL CHECKS 156,981.77 V~" ~2 CITY OF TENECULA PAGE O: ~ 12:20 VOUCHER/CHECK REGISTER FOR ALL PERIODS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 190 CGNNUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 19Z TCSD SERVICE LEVEL S 193 TCSD SERVICE LEVEL C 210 CAPITAL IHPROVENENT PROJ FUND 280 REDEVELOPHENT AGENCY * CIP 300 INSURANCE FUND 320 INFORNATZQN SYSTEHS 330 SUPPORT SERVICES 340 FACILITIES TOTAL AMOUNT 43,781.8~ 1,845.48 13,555.00 7,790.21 22,432.89 743.66 1,027.28 1,276,89 900.00 6,336.97 1,436.95 1,863.37 102,990.56 VOUCHRE2 CITY OF TEMECULA pr ,] 03/15/96 12:20 VOUCHER/CHECK REGISTER ; FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR iTEM NUHBER DATE NUMBER NAME DESCRIPTION 28118 03/08/96 001429 INACOM INFORMATION SYST REISSUE CK:SERVER UPGRADE 28120 03/12/96 CAL[F SEXUAL ASSAULT INVEST CONF:ROBERTS,MIKE:5/14 28121 03/12/96 BERRY, LAURA REFUND'SPRING ARTS FAIR FOG0 28122 03/14/96 001359 HODSON, JACK ADV:CONEXPO#96/HODSON/3/18-22 28123 03/15/96 28123 03/15/96 28123 03/15/96 0020]8 ACTION POOL & SPA SUPPL POC)L MAINTENANCE SUPPLIES 002038 ACTION POOL & SPA SUPPL POOL MAINT SRVC ~ TES FEB 96 002038 ACTION POOL & SPA SUPPL POOL MAINTENANCE SERVICES 28124 03/15/96 AGUIRRE, JOE REFUND:FACILITY ROOM RENTAL 28125 03/15/96 28125 03/15/96 28125 03/15/96 28125 03/15/96 28125 03/15/96 28125 03/15/96 000110 AMERICAN BUSINESS SYSTE POSTAGE LABLES 000110 AMERICAN BUSINESS SYSTE POSTAGE iNK 000110 AMERICAN BUSINESS SYSTE PRINTER RIBBON 000110 AMERICAN BUSINESS BYSTE PAPER ROLL FOR PRINTER 000110 AMERICAN BUSINESS SYSTE FREIGHT 000110 AMERICAN BUSINESS SYSTE TAX 28126 03/15/96 28126 03/15/96 28126 03/15/96 28126 03/15/96 000102 ~ERICAN FENCE CO. OF C FENCE REPAIR HATERIALS 000102 ~.NERICAN FENCE CO. OF C FENCE REPAIR MATERIALS 000102 AMERICAN FENCE CO. OF C FENCE REPAIR MATERIALS 000102 AMERICAN FENCE CO. QF C TAX 28127 03/15/96 ANDERSON, ANGELINA REFUND:SPRING ARTS FAiR FOOD 28128 03/15/96 000101 APPLE ONE, INC. TEMP HELP W/E 2/24 WILLIAMS 28129 03/15/96 001323 ARROWHEAD WATER, INC. 28129 03/15/96 001323 ARROWHEAD .'ATER, INC. DRINKING WATER CITY HALL/FEB BOTTLED WATER FOR CITY YARD 28130 03/15/96 000195 ASCOM HASLER ~ILING SY POSTAGE DEPOSIT FOR METER 28131 03/15/96 B [ A 28131 03/15/96 B I A APA CONF;THORNH[LL:3/21B 5:30 APA CONF:THORNHiLL:3/21 i 5:30 28132 03/15/96 BALDER, SARA REFUND-GOLF 28133 03/15/96 BALLOONS GALORE REFUND:SPRING ARTS FAIR FOOD 28134 03/15/96 BANAS1AK, MARK REFUND:SPRING ARTS FAIR FO00 28135 03/15/96 BAUBLiTZ, BETTY REFUND:SPRING ARTS FAIR FOOD 28136 03/15/96 BLACKWELL, PATRICIA REFUND:TEDDY BEARS FOR MUSIC 28137 03/15/96 BREWER, PAUL OR TRINA REFUND:GYMNASTICS 28138 03/15/96 001201 BUSINESS WEEK SUBSCRIPTION: 51 iSSUES ACCOONT NUMBER 320-1970 001-170-999-5261 190-183-4992 OO1-163-999-5258 190-182-999-5212 190-180-999-5212 190-180-999-5212 190-183-4990 330-199-999-5Z20 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 330-199-999-5220 190-180-999-5212 190-180-99c ~212 190-180-999-5212 190-180-999-5212 190-183-4992 001-162-999-5118 340-199-999-5240 100-164-601-5240 3]0-199-999-S239 001-161-501-5260 001-161-502-5260 190-183-4982 190-18]-4992 190-183-4992 190-183-4998 190-183-4982 190-183'4982 001-110-999-5228 ITEM AMI)UNT 2,461.02 75.00 25.00 200.00 140.07 157.50 350.00 221.00 104.00 17.00 20.50 8.00 6.69 84.96 38.08 102.68 17.49 25.00 37.66 201.20 16.50 204.75 17.50 70.00 25.00 25.00 25.00 9.00 44.00 51.95 CHECK AMOUNT 2,461.02 75.00 25.00 200,00 647.57 221.00 167.78 243.21 25.00 37.66 217.70 204.75 35.00 70.00 25.00 25.00 25.00 9,00 4A Oq VO~ ~ 03 12:20 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 28139 03/15/96 28140 03/15/96 002099 28141 03/15/96 000128 CAL-SURANCE ASSOCIATES, 28142 03/15/96 CALVERY CHAPEL OF MURRI 28143 03/15/96 001655 CAMERON WELDING SUPPLY 28144 03/15/96 CAMPBELL, JOANNE M 28145 03/15/96 CANTINA CONSTRUCTION 28146 03/15/96 CAREY, NANCY 28147 03/15/96 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS VENDOR ITEM NAME DESCRIPTION BUTCHER, MARY REFUND:WRITING YQ(JR LiFE STORY BUTTERFIELD ENTERPRISES RDA RESTROOM RENTAL-MARCH 96 3 YEAR BOND TERN/R. BRADLEY REFUND:SECURITY DEPOSIT REFILL OXYGN/ACCETLENE TANKS REFUND:SPRING ARTS FAIR PO(X) REFUND:LATE CHARGE N/A REFUND:DISNEY ANIMATION ACCOUNT NUMBER 190-183-4982 280-199-999-5212 300-199-999-5200 190-2900 100-164-601-5818 190-183-4992 001-I~-4071 190-183-4982 CCL CHARDONNEY HILLS IN DEVEL AGREEMENT FEE ADJUSTMENT 001-2660 28148 03/15/96 001195 CENTRAL SECURITY SERVIC CRC FIRE/SECURITY ALARM/MARCH 28148 03/15/96 001195 CENTRAL SECURITY SERVIC SEN CNTR FIRE/SECURITY ALARM 03/15/96 000136 CHESHERSf CUSTOM EMBRO] 03/15/96 000136 CHESHERS~ CUSTOM ENBROI 28150 03/15/96 CHOI, BAY 28151 03/15/96 CONOCHERO, JEFF 28152 03/15/96 001275 CONPUSERVE, INC. 28155 03/15/96 CORNELIUS# CHRISTINE 28154 03/15/96 001014 COUNTRY SIGNS & DESIGNS 28155 03/15/96 000155 DAVLIN 28156 03/15/96 DILEVA, GRACE 28157 03/15/96 0016T'~ DIVERSIFIED TEMPORARY S 28158 03/15/96 000609 DOUBLETREE HOTEL 28158 03/15/96 000609 DOUBLETREE HOTEL 28158 03/15/96 000609 DOUBLETREE HOTEL 28158 03/15/96 000609 DOUBLETREE HOTEL 28158 03/15/96 000609 DOUBLETREE HOTEL 28159 03/15/96 001669 DUNN EDWARDS CORPORATiO 28160 03/15/96 001380 E S I EMPLOYMENT SERVIC 2' 03/15/96 001380 E S I EMPLOYMENT SERVIC 190-182-999-5250 190-181-999-5250 UNIFORM JACKETS FOR STAFF 190-180-999-5243 TAX 190-180-999-5243 REFUND:DISNEY ANIMATION 190-183-4982 REFUND-TASTE OF ITALY 190-18~-4980 COMPUTER INFORMATION SERVICE 320-199-999-5228 REFUND:SPRiNG ARTS FAIR FOOO 190-183-4992 INSTALL CITY SEAL ON CABOUSE 001-110-999-5225 AUDIO TAPING OF PLAN CONM 001-161-501-5250 REFUND:TEDDY NEARS FOR MUSIC 190-183-4982 TEMP HELP W/E 3/3 COLEMAN 001-110-999-5118 HOTEL:LEAG/H.MILLER/4/lO-12 190-180-999-5258 HOTEL:LEAG/CONERCHERO/4/10-12 190-180-999-5258 HOTEL:LEAG/NIMESHEIN/4/lO-12 190-180-999-5258 HOTEL:LEAG/SOLTYSlAK/4/10-12 190-180-999-5258 HOTEL:LEAG/S.NELSON/4/10-12 190-180-999-5258 RECYCLED GRAFFITI PAINT 100-164-601-5218 TEMP HELP W/E 3/1 ANDERSON 001-162-999-5250 TEMP HELP W/E 3/1 ANDERSON 001-162-999-5250 ITEM AMOUNT 34.38 826.00 900.00 100.00 63.06 25.00 70.00 65.00 29,940.00 50.00 45.00 660.00 51.15 65.00 15.00 10.00 25.00 148.00 150.00 29.00 72.24 235.40 235.40 235.40 235.40 235.40 233.87 208.00 208.00 PAGE 2 CHECK AMOUNT 34.38 826.00 900.00 100.00 63.06 25.00 70.00 65.00 29,940.00 95.00 711.15 65.00 15.00 10.00 25.00 148.00 150.00 29.00 72.24 1,17/.00 233.87 416.00 VOUCHRE2 CITY OF TEMECULA Pt ~ 03/15/96 12:20 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK NUMBER DATE 28161 03/15/96 28162 03/15/96 28163 03/15/96 28164 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28165 03/15/96 28166 03/15/96 28166 03/15/96 28166 03/15/96 28166 03/15/96 28166 03/15/96 28167 03/15/96 28167 03/15/96 28167 03/15/96 28168 03/15/96 28169 03/15/96 28170 03/15/96 28171 03/15/96 28172 03/15/96 281T3 03115/96 28174 03/15/96 28174 03/15/96 28174 03/15/96 28174 03/15/96 28174 03/15/96 28175 03/15/96 28176 03/15/96 VENDOR VENDOR NUMBER NAME 000523 EASTERN MUNICIPAL WATER ELSINORE UNION HIGH SCH 002128 ENGINEERING VENTURES, FAITH LUTHERN SCHOOL 001002 FIRST INTERSTATE SANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 001002 FIRST INTERSTATE BANK C 000184 G T E CALIFORNIA - PAYN 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYM 000184 G T E CALIFORNIA - PAYN 000184 G T E CALIFORNIA - PAYM 000177 GLENNIES OFFICE PROOUCT 000177 GLENBIES OFFICE PROOUCT 000177 GLENNIES OFFICE PROOUCT 000186 HANKS HARDWARE, INC. 001517 HEALTH & HUNAN RESOURCE HILTS, DENICE 001013 HINDERLITER de LLAMAS A 001429 INACOM INFORNATXON SYST 002192 J A G BUSINESS MACHINES 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 000820 K R W & ASSOCIATES 002244 KEIRSEY, CYNTHIA LANDES. DAVID ITEM DESCRIPTION DIEGO DR LDSC/FEB REFUND:SECURITY DEPOSIT PHOF SRVCS/R.C.RD/SABTA CECLIA REFUND:SECURITY DEPOSIT 5473-6664-0391-O099/JS/MARCH 547~-6664-0391-0222/JS/FEB 5473-6664-0391-O222/JS/FEB 54T~ 6664 0391 0198 MJM 54T3-6664-O391-O172/RB/FEB 54T3-6664-O391-OZO6/GR/MARCH 5473-6664-0391-0206/GR/MARCH 54T~-~64-O391-O123/GT/MARCH 5473-6664-0391-0123/GT/NARCH CREOIT:5473-6664-O391-O172/RB 909 695*3539/GENERAL USAGE/FEB 909-694-6400/GENERAL USAGE/FEB 909-699-0128/GENERAL USAGE/FED 909-699-1370/POLICE/FEB 909-699-2309/GENERAL USAGE/FEB MISC. OFFICE SUPPLIES NISC OFFICE SUPPLIES OFFICE SUPPLIES MAINTENANCE SUPPLIES-CITY HALL EAP PROGRAM/JAN 96 REFUND:DISNEY ANIMATION SALES TAX ANALYSIS 1ST QTR 96 MISC COMPUTER SUPPLIES TYPEWRITER REPAIR/ FEB PLAN CHECK SRVCS FOR P.W. ~C)RKERS COMP FOR INVOICE 96.04 WORKERS COMP FOR INV 96-03 CREDIT:PROF SRVCS/WSTRN BYPASS OVERCHARGE OF WORKERS COMP REIMB:CONCEPTS COURSE AND 8OUK REFUND:SECURITY DEPOSIT ACCOUNT NUMBER 193-180-999-5240 190-2900 210-165-661'5804 190-2900 001-100-999-5258 001-100-999-5258 001-100-999-5260 001-110-999-5258 320-199-999-5228 001-140-999-5260 001-140-999-5258 001~161-501-5258 001-161-502-5258 001-110-999-5258 320-199-999-5208 320-199-999-5208 320-199-999-5208 3ZO-199o999-SZ08 320-199-999-5208 190-182-999-5220 001-140-999-5220 001-161-501-5220 340-199-999-5212 001-150-999-5250 190-183-4982 001-140-999-5248 320-199-999-5221 001-162-999-5250 001-163-999-5249 001-1182 001-1182 001-163-999-5249 001-1182 001-162-999-5261 190-2900 XTEM AMOUNT 8.51 180.00 950.00 100.00 267.96 443.62 64.60 235.00 71,68 69.07 181.40 20.00 ZO.O0 143.75- 35.72 719.53 1,023.16 473,38 29.74 6,87 10.24 16.10 79.33 345.05 50.00 900.00 402.39 140.12 1,362.50 28.12' 24.51- 587.50- 23.38 51.52 100.00 CHECK AMOUNT 8.51 180.00 950.00 100,00 1,229.58 2,281.53 33.21 79.33 345.05 50.00 900.00 402.39 140,12 745.75 51.52 VOF"'~2. CITY OF TEMECULA PAGE 4 O: ~ 12:20 VOUCHER/CHECK REGISTER FOR ALL PERIODS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 2817'/ 03/15/96 LAUHON, SUSAN 28178 03/15/96 000596 LEAGUE OF CAL. CITIES 28178 03/15/96 000596 LEAGUE OF CAL. CITIES 28178 03/15/96 000596 LEAGUE OF CAL. CITIES 28178 03/15/96 000596 LEAGUE OF CAL. CITIES 28178 03/15/96 000596 LEAGUE OF CAL. CITIES 28178 03/15/96 000596 LEAGUE OF CAL. CITIES REFUND:SPRING ARTS FAIR FO00 LEAG. CITIES/H.MILLER/4/lO-12 LEAG CITIES/CONERCHERO/4/10-12 LEAG. CITIES/NIMESHEIN/4/10-12 LEAG. CITIES/R.ROBERTS/~/10-12 LEAG. CITIES/SQLTYSIAK/~/10-12 LEAGUE CITIES/NELSON/4/10-12 190-183-4992 190-180-999-5258 190-180-999-5258 190-180-999-5258 190-180-999-5258 190-180-999-5258 190-180-999-5258 25.00 225.00 225.00 225.00 200.00 225.00 200.00 25.00 1,300.00 28179 05/15/96 002011 MARTIN, KATHY TCSD INSTRUCTOR EARNINGS 190'185-999-5330 572.00 572.00 28180 05/15/96 MCFALL, NANCY REFUND-SPRiNG ARTS FAIR FOOD 190-183-4992 25.00 25.00 28181 05/15/96 001290 HEYER, JOHN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 32.00 32.00 28182 03/15/96 001905 NEYERS, DAVID WILLIAM TCSD INSTRUCTOR EARNINGS 190-183-999-5330 256.00 256,00 28183 03/15/96 NINEGAR, CBRISTINE REFUND-CHILDREN~8 ART CLASS 190-183-4982 28183 03/15/96 NINEGAR~ CHRISTINE REFUND-TEDDY BEARS FOR MUSIC 190-183-4982 35.00 21.50 56.50 28184 03/15/96 00138~ MINUTEMAN PRESS BUSZNESS CARDS-LARRY COOLEY 001-163-999-5222 03/15/96 001384 MINUTEMAN PRESS TAX 001-163-999-5222 38.25 2.96 41.21 28185 03/15/96 001868 MIYAMOTO, SUSAN TCSD INSTRUCTOR EARNINGS 190-183-999-5330 224,00 224.00 28186 03/15/96 NARDONE, JOSEPH REIMB:NARCOTIC K'9 ASSOC CERT 001-170-999'5327 55.00 55.00 28187 03/15/96 000915 NATIONAL NOTARY ASSOCIA MEMBERSHIP RENEWAL: GREEK,JUNE 001'120-999-5226 100.00 100.00 28188 03/15/96 001676 NEXTEL COMMUNICATIONS, DISPATCH RADIOS MOBILE SERVS 320-199-999-5209 984.00 984.00 28189 03/15/96 NORTH BAY RD; INC, REFUND'SECURITY DEPOSIT 190'2900 28190 03/15/96 000235 0 C B REPROGRAPHICS, IN BLUEPRINTS REPROGRAPH]CS SERVS 210'190'626-5802 100.00 77.28 100.00 77.28 28191 03/15/96 002100 OBJECT RADIANCE TCSD INSTRUCTOR EARNINGS 190-183-999-5330 840.00 840,00 28192 03/15/96 ONDAHL, DOROTHY OVERPAYMENT PA95-0113 001-2660 12.00 12.00 28195 03/15/96 001561 PAGENET MAR MQNTHY PAGING SERV CHARGE 001-163-999-5250 28193 03/15/96 001561 PAGENET MAR MONTHY PAGING SERV CHARGE 100-16~-601-5Z38 28193 03/15/96 001561 PAGENET MAR MONTHY PAGING SERV CHARGE 001-165-999-5238 28193 03/15/96 001561 PAGENET MAR MONTHY PAGING SERV CHARGE 100-16/.-604-5208 28195 03/15/96 001561 PAGENET MAR NONTHY PAGING SERV CHARGE 001-120-999-5250 28193 03/15/96 001561 PAGENET MAR NQNTHY PAGING SERV CHARGE 001-162-999-5238 28193 03/15/96 001561 PAGENET MAR MONTHY PAGING SERV CHARGE 001-170-999-5242 28193 03/15/96 001561 PAGENET MAR MONTHY PAGING SERV CHARGE 190-180-999-5250 28193 03/15/96 001561 PAGENET MAR MONTHY PAGING SERV CHARGE 001-100-999-5250 28195 03/15/96 001561 PAGENET MAR MORTHY PAGING SERV CHARGE 320-199-999-5238 03/15/96 PATTERSON, PATRICIA REFUND'YOGA FOR THE 90'S 190'183-4982 15.00 15.00 7.50 7.50 7.50 57.60 6~.97 67.50 15.00 18.95 37.00 276.52 37.00 VOUCHRE2 CITY OF TEMECULA P~'~ 03/15/96 12:20 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 28195 28195 28195 28195 28195 28195 28195 28195 28195 28195 28195 28195 28196 28197 28198 Z8198 28198 28198 28198 28199 28199 28199 28199 28200 20200 28200 28200 28200 28201 28202 28202 28202 28202 28202 28202 28202 28203 28204 28205 CHECK VENDOR VENDOR DATE NUMBER NAME 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CABH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH 000249 PETTY CASH PHARES, SUSIE 000251 PLANNING CENTER, INC., 000253 POSTMASTER 000253 POSTMASTER 000253 POSTMASTER 000253 POSTMASTER 000253 POSTMASTER 001938 PRICE, JOAN F. 001938 PRICE# JOAN F. 001938 PRICE, JOAN F. 001938 PRICE, JOAN F. 000255 PRO LOCK & KEY 000255 PRO LOCK & KEY 000255 PRO LOCK & KEY 000255 PRO LOCK & KEY 000255 PRO LOCK & KEY 002176 RANCHO CALIF BUS PARK A 000262 RANCHO CALIFORNIA WATER 000262 RANCHO CALIFORN%A WATER 000262 RANCHO CALIFORNIA WATER 000262 RANCHO CALIFORNIA WATER 000262 RANCHO CALIFORNIA WATER 000262 RANCHO CALIFORNIA WATER 000262 RANCHO CALIFORNIA WATER 000426 RANCHO INDUSTRIAL SUPPL 001680 RAY GRAGE AND ASSOCIATE 001241 REED, JIM ITEM ACCOUNT ITEM CHECK DESCRIPTION NUMBER AMOUNT AMOUNT PETTY CASH-AMER BATTERY SUPPLY 001-162-999-5214 PETTY CASH-LUNCH HI STUFF 001-100-999-5260 PETTY CASH-TEM BUNCRY HUNTER 001-110-999-5260 PETTY CASH-RAN-TEC RUBBER STAM 001-140-999-5220 PETTY CASH-SEMINAR FOR CEQA 001-161-501-5261 PETTY CASH-LAND USE CORF:HOGAN 001-161-502-5261 PETTY CASH'RAN-TEC PETTY CASH-TEMECULA MARKET PETTY CASH'RANCBO ARMY-NAVY PETTY CASH'MUNOZ FLOUR CARE PETTY CASH-HOUSE OF FABRICS PETTY CASH-ALBERT/CHESAPEAKE 001-162-999-5250 001-162-999-5260 100-164-601-5218 190-180-999-5242 280-199-999-5220 320-199-999-5260 REFUND-DISNEY ANIMATION 190-183-4982 FEB SERVS-ZONE CODE DOCUMENTS 001-161-502-5248 EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS EXPRESS MAIL & POSTAL SERVS 100-164-604-5230 001-161-501-5230 001-161-502-5230 001-140-999-5230 001-120-999-5230 MINUTE CLERK FOR PLANNING CQMN 001-161-501-5250 MINUTE CLERK FOR PLANNING COHM 001-161-501-5250 MINUTE CLERK FOR TRAFFIC ODN~ 100-164-602-5250 MINUTE CLERK FOR COUNCIL MTG 001-120-999-5250 TCSD LOCKSMITH SERVICES TCSD LOCKSMITH SERVICES TCSD LOCKSMITH SERVICES TCSD LOCKSMITH SERVICES TCSD LOCKSMITH SERVICES 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 190-180-999-5212 ASSOC DUES CTY HL/453-20091-CU 340-199-999-5250 02-79-10100-1:27000 DIAZ ROAD WATER SERV · VARIOUS LOCATIONS WATER SERV · VARIOUS LOCATIONS WATER SERV 9 VARIOUS LOCATIONS WATER SERV 9 VARIOUS LOCATIONS WATER SERV · VARIOUS LOCATIONS 191-180-999-5240 190-180-~-5240 190-181-999-5240 190-182-999-5240 191-180-999-5240 193-180-999-5240 WATER SERV ~ VARIOUS LOCATIONS 340-199-999-5240 JANITORIAL SUPPLIES-CITY HALL 340-199-999-5212 FEB PLAN CHECK SERVS 001-162-999-5248 REIMB: STEEL TOE BOOTS 100-164-601-5243 42.6/~ 40.00 21.00 14.70 8.57 37.51 9.69 18.92 18.30 30.00 3.39 24.46 65.00 79.59 10.75 16.12 16.13 10.75 58.15 75.00 75.00 100.00 50.00 9.70 106.05 35.00 63.43 48.38 1,084.12 52.19 776.16 86.92 456.55 92.35 702.15 19.~- 368.44 355.82 95.00 269.18 65.00 79.59 300.00 262.56 1,084.12 2,186.20 368.44 355.82 95~0 28206 03/15/96 RENAISSANCE HOTEL NOTEL:LEAGUE CONF:MILLER/THORN 001-161-501-5272 108.64 VO~""'c~ CITY OF TEMECULA PAGE 6 O~ 12:20 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK NUHBER DATE VENDOR VENDOR NUMBER NAME iTEM DESCRIPTION ACCOUNT NUMBER ITEM AMOUNT CHECK AMOUNT 28206 03/15/96 28206 03/15/96 28207 03/15/96 RENAISSANCE HOTEL RENAISSANCE HOTEL 000354 RIVERSIDE CO, HEALTH -A HOTEL:LEAGUE CONF:MILLER/TBORN HOTEL:LEAGUE CONF:MILLER/THORN ANIMAL CNTRL SERVS FOR DEC 95 001-161-501-5258 001-161-502-5258 001-172-999-5255 54.32 54.32 521.49 217.28 521.49 28208 03/15/96 ROBINSON, HELEN REFUND-DISNEY ANIMATION 190-183-4982 65,00 65.00 28209 03/15/96 28210 03/15/96 28210 03/15/96 28210 03/15/96 28210 03/15/96 28210 03/15/96 28210 03/15/96 28210 03/15/96 28211 03/15/96 28212 03/15/96 03/15/96 03/15/96 28cl3 03/15/96 28213 03/15/96 28213 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 28214 03/15/96 2r'~' 03/15/96 ROCHFORD, REBECCA 000704 S K S, INC/XNLAND OIL 000704 S K S, INC/INLAND OIL 000704 S K S, INC/INLARD OIL 000704 S K S, INC/INLAND OiL 000704 S K S, INC/INLAND OIL 000704 S K S, INC/INLAND OIL 00070~ S K S, INC/INLAND OIL 001888 SHAFER, AMBER DAWN 002047 SOIL TECH INC 000537 SOUTHERN CAL]F EDISON 000537 SOUTHERN CALiF EDISON 000537 SOUTHERN CALIF EDISON 000537 SOUTHERN CALIF EDISON 000537 SOUTHERN CALIF EDISON 0003755 000375 000375 000375 000375 000375 000375 000375 0003~ 000375 SOUTHERN CALiF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPRON SOUTHERN CAL[F TELEPNON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL]F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL[F TELEPHON SOUTHERN CAL[F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CAL[F TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALiF TELEPHON SOUTHERN CAL]F TELEPRON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALIF TELEPHON SOUTHERN CALZF TELEPHON REFUND-SPRiNG ARTS FAIR FO00 FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CITY VEHICLES FUEL FOR CiTY VEHICLES FUEL FOR CiTY VEHICLES FUEL FOR CiTY VEHICLES TCSD iNSTRUCTOR PAYMENTS FEB GEOTECH SERVS-S HICKS PRK ELECT SERV ~ VARIOUS LOCATIONS ELECT SERV i VARIOUS LOCATIONS ELECT SERV ~ VARIOUS LOCATIONS ELECT SERV i VARIOUS LOCATIONS ELECT SERV t VARIOUS LOCATIONS 909 202-4760 JH 909 202-4769 JS 909 202-4204 KL 909 202-4763 PB 909 202-4758 RR 909 205-4070 MJM 909 202-4770 RB 909 202-4757 JG 909 205-7826 GR 909 202-5153 GY 909 202-4767 GT 909 Z02-4767 GT 909 203-9994 BB 909 202-476~ BB-PW BLAZER 909 205-8688 PW EOC 909 202-4765 PW NAINT CRE~ 909 206-0992 BH 909 202-9876 HP 909 202-4754 KH 909 212-0934 SR. VAN 909 202-4755 CITY VAN 909 205-7877 EOC 909 202-4756 KRTN UNASSIGNED 190-183-4992 001-163-999-5263 001-165-999-5263 100-164-601-5263 001-110-999-5263 190-180-999-5263 001-170-999-5262 001-162-999-5263 190-183-999-5330 280-199-805-5804 190-181-999-5240 191-180-999-5240 191-180-999-5319 192-180-999-5319 193-180-999-5240 100-164-603-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-100-999-5208 001-110-999-5208 001-110-999-5208 001-120-999-5208 001-140-999-5208 001-150-999~5208 001-161-501-5208 001-161-502-5208 100-164-601-5208 100-16~-601-5208 100-164-604-5208 100-164-601-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 190-180-999-5208 320-199-999-5208 320-199-999-5208 25.00 126.15 44.97 400.68 41.27 26~.62 4.24 135.56 345.60 397.50 1,255.86 17.72 7,627.95 22,432.89 33.00 115.80 55.51 58.35 37.37 63.96 142.93 45.34 42.91 95.20 101.91 23.23 23.22 58.68 7'3.25 55.42 53.26 41.62 72.45 62.74 42.91 42,52 45.20 37.74 25.00 1,019.49 345.60 397.50 31,367.42 1,391.52 VOUCHRE2 CITY OF TEMECULA Pf'~"~ 03/15/96 12:20 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK NUMBER 28215 28216 28217 28218 28218 28218 28218 28218 28218 28219 28220 28221 28221 28221 28221 28221 28222 28222 28222 28222 28223 28224 28224 28224 28224 28224 28225 28225 28226 28227 28228 28229 28230 28230 CHECK VENDOR VENDOR DATE NUMBER NAME 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 05/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 03/15/96 000291 SPEE DEE OIL CHANGE & T SPENCER, CONNEY 002150 SUMMIT SAFETY PROOUCTS 000303 SYSTEM 2/90 000303 SYSTEM 2/90 000303 SYSTEM 2/90 000303 SYSTEM 2/90 000303 SYSTEM 2/90 000303 SYSTEM 2/90 001497 T R W,INC.*INFORMATION TEMECULA PAVILION POINT 000319 TONARX SPORTS, INC. 000319 TOMARK SPORTS, INC. 000319 TOMARK SPORTS# INC. 000319 TCN4ARK SPORTS~ INC. 000319 TONARK SPORTS, INC. 000320 TOWNE CENTER STATIONERS 000320 TO~NE CENTER STATIONERS 000320 TCYe4NE CENTER STATIONERS 000320 T(~4NE CENTER STATIONERS 000459 TUMBLE JUNGLE 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 000326 UNITOG RENTAL SERVICE, 001209 VAULT INC., THE 001209 VAULT INC., THE UELDON, ELLEN WHEATLY, LINDA 002212 WHITEHEAD, STEVE WILLIAMS, MICXEY L. 000345 XEROX CORPORATION BILLI 000345 XEROX CORPORATION BILL[ ITEM DESCRIPTION CM VEHICLE MAINT REPAIRS REFUND-SPRING ARTS FAIR FOOD 6-THREE DAY EMERG SURVIVAL KIT 2 PANEL M(3UNT NAME PLATES PRESPACED LETTERS FOR NAME PRESPACED LETTERS FOR NAME LESS 10% COMPANY DIBCCXJNT FREIGHT TAX CREDIT REPTS FOR RDA LOANS REFUND-PLANNING DEPOSIT HEAW DUTY DRAG MAT (#10500) ONE PIECE BASE (#10050) GROUND ANCHORS (#10225) FREIGHT TAX MISC OFFICE SUPPLIES-LAND DEVE MISC OFFICE SUPPLIES-ADMIN NISC OFFICE SUPPLIES-ADMIN NISC OFFICE SUPPLIES"ADNIN TCSD INSTRUCTOR EARNINGS FEB-PW MAINT UNIFORMS MNTHY SE FEB UNIFORM MAINT TCSD PERBONN FEB FLOOR MAT RENTAL QCITY HAL FEB FLOOR MAT RENTAL ~ CRC FEB FLOOR MAT RENTAL 9 SR CNTR JAN 96 CITY RECORDS STORAGE FEB 96 CITY RECORDS STORAGE REFUND-SPRING ARTS FAIR F(X:X) REFUND-SPRING ARTS FAIR FOOD TCSD INSTRUCTOR EARNINGS REFUND-DOG OBEDIENCE REGISTRAT PER COPY CHRG: 5343CAS COPIER FEB COPIER LEASE PMT 5343CAS ACCOUNT NUMBER 001-110-999-5214 190-183'4992 100-164-601-5218 100-164-604-5220 100-164-604-5220 100-164-604-5220 100-164-604-5220 100-164-604-5220 100-164-604-5220 280'199-999-5250 001-2650 190-183-999-5380 190-183-999-5380 190-183-999-5380 190-183-999-5380 190-183-999-5380 001-163-999-5220 100-164-604-5220 100-164-604o5220 100-164-604-5220 190-183-999-5330 100-164-601-5243 190-180-999-5243 340-199-999-5250 190-182-999-5250 190-181-999-5250 330-199-999-5277 330-199-999-5277 190-183-4992 190'183'4992 190-183-999-5330 190-183-4982 330-199-999-5217 330-199-999-5217 ITEM AMOUNT 45.26 25.00 122.51 48.00 7.70 7.70 6.34- 3.00 4.42 50.00 6,000.00 198.00 585.00 51.00 31.49 64.64 87.81 218.28 27.35 15.39 235.20 80.40 196.52 110.40 119.46 75.00 385.62 385.62 25.00 25.00 288.00 65.00 196.18 97.00 CHECK AMOUNT 45.26 25.00 122.51 64.48 50.00 6,000.00 348.85 235.20 581.78 771.24 25.00 25.00 288.00 65.00 29s-~J~ TOTAL CHECKS 102,990.56 V~;~,-""'~EZ CITY OF TEMECULA PAGE ~ 6 13:17 VOUCHER/CHECK REGISTER FOR ALL PERIOOS FUND TITLE 001 GENERAL FUND 100 GAS TAX FUND 165 RDA DEV- LOW/NOD SET ASIDE 190 COMMUNITY SERVICES DISTRICT 191 TCSD SERVICE LEVEL A 193 TCSD SERVICE LEVEL C 210 CAPITAL IMPROVEMENT PROJ FUND 280 REDEVELOPNENT AGENCY - CIP 320 INFORNATION SYSTEHS 330 SUPPORT SERVICES FACILITIES 380 RDA - DEBT SERVICE TOTAL AMOUNT 9,224.41 1,114.55 Z,O00.O0 65,300.32 Z,255.94 38,659.33 47,926.4~ 199,255.96 53,892.40 5,120.57 3,909.49 2,558.01 431,217,42 VOUCHRE2 CITY OF TEMECULA 03/15/96 13:17 VOUCHER/CHECK REGISTER FOR ALL PERIOOS VOUCHER/ CHECK CHECK VENDOR VENDOR NUMBER DATE NUMBER NAME ITEM ACCOUNT ITEM DESCRIPTION NUMBER AMOUNT CHECK AMOUNT 28231 0]/26/96 001916 ALBERT A. WEBS ASSOCIAT 28232 0]/26/96 001538 ALBERT GROVER & ASSOCIA 28232 03/26/96 001538 ALBERT GROVER & ASSOCIA DEC PRSS PMT-6TH ST PRK]NG FEB PROF SRVCS/PW~5-16 DIAZ RD CONTROLLER DESIGN 280-199-804'5802 2,215.]4 2,215.]4 210-165-640-5802 28,298.00 210-165-64]-5802 9,600.00 37,898.00 28233 03/26/96 000102 AMERICAN FENCE CO. OF C 28233 03/26/96 000102 AMERICAN FENCE CO. OF C 28233 03/26/96 000102 AMERICAN FENCE CO. OF C 28233 03/26/96 000102 AMERICAN FENCE C0. OF C 28233 03/26/96 000102 AMERICAN FENCE CO. OF C 28233 03/26/96 000102 AMERICAN FENCE C0. OF C 28233 0]/26/96 000102 AMERICAN FENCE C0. OF C 28233 03/26/96 000102 AMERICAN FENCE C0. OF C FENCE REPAIRS 190-180-999-5212 175.00 BULLPEN AND REPAIR BACKSTOP 190-180-999-5212 240.00 REPAIR OUGOUT FENCE FIELD 7 190-180-999-5212 490.00 REPAIR DUGOUT FENCE FIELD 8 190-180-999-5212 490.00 ELECT CAGE REPAXR/R.C. SPRT PK 190-180-999-5212 1,640.00 FENCE REPAIRS/R.C. SPRTS PARK 190-180-999-5212 3,722.00 REPLACE FABRIC ON BOTH DUGOUTS 190-180-999-5212 1,107.00 REPLACE FABRIC ON FENCE WINGS 190-180-999-5212 824.00 8,688.00 28234 03/26/96 001168 BANK OF AMERICA ADMIN FEES-RDA BONDS FEB-JULY 380-199-999-5227 2,558.01 2,558.01 28235 03/26/96 000126 CALIFORNIA LANDSCAPE HA 28235 03/26/96 000126 CALIFORNIA LANDSCAPE HA 28235 03/26/96 000126 CALIFORNIA LANDSCAPE MA 28235 0]/26/96 000126 CALIFORNIA LANDSCAPE MA 28236 03/26/96 001380 E S I EMPLOYMENT SERVIC TURF RENOVATION/PALOMA DEL SOL 190-180-999'5415 3,720.00 TREE TRIMMING/RIVERTON PARK 190-180-999-5415 1,120.00 LANDSCAPE IMPROV/HINTERGART PK 190-180'999-5415 1,904.15 LANDSCAPE/IRR. SYS/~tltGEE PARK 190'180-999-5415 1,225.50 TEMP HELP W/E 3/1 NICHOLS 280-199-602-5801 1,989.90 7,969.65 17 28237 03/26/96 000754 ELLIOTT GROUP, THE LANDSCAPE REVIEWS/PLANNING 001-161-501-5250 1,400.00 1,40U.00 28238 03/26/96 001056 EXCEL LANDSCAPE FEB LANDSCP MAINT SLOPE AREAS 193-180-999-5415 18f669.33 28238 03/26/96 001056 EXCEL LANDSCAPE FEB LANDSCP MAINT. SPORTS PK 190-180-999-5415 7,605.64 26,274.97 28239 03/26/96 0001?3 GENERAL BINDING CORP. PUNCHING SYSTEM 330-1940 2,466.75 28239 03/26/96 000173 GENERAL BINDING CORP. BINDING SYSTEM 330-1940 1,721.25 282]9 0]/26/96 000173 GENERAL BINDING COOP. MAINTENANCE AGREEMENT 330-1940 406.00 28239 03/26/96 000173 GENERAL BINDING CORP. MAINTENANCE AGREEMENT 330-1940 202.00 282]9 03/26/96 000173 GENERAL BINDING COOP. TAX 330-1940 324.57 28240 0]/26/96 000481 GEOTECHNICAL & ENVIRONN JAN PROF SERVS-PRKVW FIRE STAT 210-190-626'5804 3,802.50 28241 03/26/96 001706 GOLDEN BEAR ARBORISTS, TREE TRIMMING/VAR. LOCATIONS 193-180-999-5416 19,990.00 28241 03/26/96 001706 GOLDEN BEAR ARBORISTS, R.C.S.P. TOT LOT TREE TRIMMING 190-180-999-5415 4,450.00 28242 03/26/96 000178 GOLDEN STATE TRADING CO 16 PENTIUM COMPUTERS 320-1970 37,696.00 28242 03/26/96 000178 GOLDEN STATE TRADING CO TAX 320-1970 2#921.44 28242 0]/26/96 000178 GOLDEN STATE TRADING CO 4 PENTIUM COMPUTERS 320-1970 10,464.00 28242 03/26/96 000178 GOLDEN STATE TRADING CO TAX 320-1970 810.96 28243 03/26/96 001429 INACOO INFORMATION SYST NETWORK CLIENT SERVICES 320-199-999-5250 2,000.00 28244 03/26/96 002062 JOHN EGAN & ASSOCIATES, DEC PROF SERVS'WEST BYPASS COR 210-165-612'5802 4,576.]0 5#120.57 ],802.50 24,440.00 51,892.40 2,000.00 4,576.]0 28245 03/26/96 KEMPER REAL ESTATE HANA REFUND-OVRCNG TCSD RATES 190-180-999-5375 22,663.31 28245 0]/26/96 KENPER REAL ESTATE MANA REFUND~OVRCHG TCSD RATES 191-180-999-5375 1~451.48 24,' ~ VO~ -l~c2 O~ 13:17 VOUCHER/ CHECK CHECK VENDOR NUMBER DATE NUMBER 28246 03/26/96 002187 28247 03/26/96 000482 28248 03/26/96 002164 28248 03/26/96 00216~ 28249 03/26/96 001967 28250 03/26/96 001189 28251 03/26/96 000232 28252 03/26/96 000354 28253 03/26/96 000406 28253 03/26/96 000406 28253 03/26/96 000406 28254 03/26/96 002181 28254 03/26/96 002181 03/26/96 28~/~5 03/26/96 28256 03/26/96 CITY OF TEMECULA VOUCHER/CHECK REGISTER FOR ALL PERIODS 001890 VORTEX DOORS VENDOR ITEM NAME DESCRIPTION LAKE ELSINORE ANIMAL FR ANIMAL CONTROL SRVCS/FEB 96 LEIGHTON & ASSOCIATES, MAHR CONSTRUCTION MAHR CONSTRUCTION FEB PROF SERVS'NORAGA RD WIDEN MAR PRSS PNT S/~N HICKS PRK RETENTION'MAR PRGS PMT-HICK PK HAMPOWER TEMPORARY SERV TEMP HELP W/E 2/25 SNYDER/LIPO ACCOUNT NUMBER 001-172-999-5255 210-165-625-5804 280-199-805-5804 280-2035 MURRIETA DEVELOPMENT CO EMERG FIRE LINE REPAIRS-CTY HA 340-199-999-5212 MEET, JOHN P.~ MAI 6 APPRAISAL/PUJOL ST & FELIX V 165-199-999-5250 RIVERSIDE CO. HEALTH 'A ANIMAL CNTRL SERVS NOV 95 001-172'999-5255 RIVERSIDE CO. SRERIFPS POLICE SERVS FOR ROD RUN 280-199-999-5264 RIVERSIDE CO. BHERIFPS FEB OPERATION SCAIR SERVB 001-170-999-5288 RIVERSIDE CO. SHERIFF#S FEB OPERATION SCAIR SERVS 001-170-999-5262 RIVERSIDE CONSTRUCTION FEB PRGSS PNT-WINCH/I-15 BRIDG 280-199-602-5804 RIVERSIDE CONSTRUCTION RETENTION:PW94*Z1/PYMNT #1 280-2035 SHANGRILA HONES TEMECUL REFUND-OVRCHG TCSD RATES 190-180-999-5375 SHANGRILA HONES TEMECUL REFUND-OVRCHG TCSD RATES 191-180-999-5375 INSTALL METAL DOOR B CRC-POOL- 190-182-999-5212 ITEM AMOUNT 2,953.60 1,649.64 10,931.25 3,909.49 2,000.00 2,652.72 8,969.60 2,100.00 118.09 195,825.55 12,225.72 804.46 PAGE 2 CHECK AMOUNT 2,953.60 1,649.64 3,909.49 2,000.00 2,652.72 176,242.99 TOTAL CHECKS 431,217.42 ITEM 4 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FINANCE OFFIC CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Grant M. Yates, Human Resources Administrator Scott Field, Special Counsel to the City March 26, 1996 Cable Television Franchise Transfer PREPARED BY: Scott Field, Special Counsel to the City RECOMMENDATION: That City Council approve: 1 ) The Settlement Agreement Between the City of Temecula and The Chronicle Publishing Company, Regarding Cable Television Rates and Charges. 2) Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM THE CHRONICLE PUBLISHING COMPANY TO TCI CABLEVISION OF CALIFORNIA, INC. 3) Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL ADOPTING CABLE TELEVISION CUSTOMER SERVICE STANDARDS. BACKGROUND: The City has a Franchise Agreement, with the parent company of Inland Valley Cable, which allows Inland Valley to provide cable television service to the citizens of Temecula. On June 28, 1995, The Chronicle Publishing Company, parent company of inland Valley Cable, was bought cut by Tele-Communication Inc. (TCI). When this acquisition occurred it allowed the City the ~pportunity to review and approve the Franchise Agreement Transfer. This occurrence also allowed the City a window of opportunity to accomplish several goals. Those goals are detailed within this staff report, along with corresponding resolutions and attachments. This Franchise Agreement Transfer allows: Cable access to the new City Hall at no cost to the City or cable rate payers. This cable access, estimated at ~150,000, will be paid for by the cable company and will benefit, not only the City by allowing live broadcasts, but the whole Business Park Drive area. Decreasing the maximum cable rate, that Inland Valley Cable charges citizens without City approval, by ~4.15, from $38.48 to ~34.33. New rates will comply with all applicable FCC Rules and Guidelines. Adopting Customer Service Standards for Inland Valley Cable, which will give City staff the ability to enforce the standards when citizens call with cable complaints and issues. Reimbursement, by TCI to the City, for the $8,000 cost of negotiations and corresponding legal work. The details of this agreement include: Cable Rates Pursuant to the 1992 Cable Act, Congress authorized local franchising authorities to regulate cable rates. The FCC then adopted regulations establishing the procedures and criteria for regulating rates. In its initial April 1993 regulations, the FCC developed a "benchmark" formula for determining the rates a cable operator would charge if it were subject to effective competition. The regulations established September 30, 1992 as a baseline date for the benchmark rates and September 1, 1993 as the date on which rate regulation could begin. The FCC then required cable operators to "roll back" cable rates to the benchmark levels or to 10% below their September 1992 level, whichever was less. These Regulations apply equally to the basic service tier ("BST"), which the City regulates and the "cable programming service tier" ("CPST"), which the FCC regulates. The BST includes all broadcast and Public, Educational and Governmental (PEG) channels. The CPST is any oackaae of program services not included in the BST and for which a subscriber must pay an additional fee. The CPST typically includes satellite channels such as ESPN, CNN, and the like. (The rates for all other pay services offered on a per-channel or per-program basis are unregulated. Examples of such channels are HBO and Disney.) In March 1994, the FCC amended its Rate Regulations, adjusting the benchmark formula downwards, and rolling back rates to the new benchmark, or by 17%, whichever is less. These regulations went into effect July 14, 1994. At the same time it was permitting benchmark rates, the FCC established alternative, interim rules "cost-of-service" rules. These rules allowed the cable operator to justify rates in excess of the benchmark rates, based upon the actual cost of programming, operation and management, plus a rate of return of 11.25% for tangible assets like cable plant, equipment, and facilities. At the same time, the FCC created a presumption that intangible assets like goodwill were to be excluded from the rate base, The FCC recently announced final cost-of-service rules which apply to all future cost-of- service filings. The FCC stated that under its final cost-of-service rules, one-third of the book value of tangible assets and intangible assets will be excluded from the rate base. Initially upon the introduction of rate regulation, Chronicle filed a benchmark rate schedule. The City reviewed that schedule, discovered certain errors, and ordered a modest refund last March, 1995. Then effective July 14, 1994, Chronicle filed a cost-of-service schedule for Temecula. This rate justification proposed "maximum" rates substantially higher than the actual rates being charged or the benchmark rates. One reason for these high rates was that Chronicle included one hundred percent of its intangibles in it rate base, despite the presumption under the interim rules against the practice. However, now that the final FCC rules provide that both tangible and intangible assets are to be reduced by one-third, Chronicle has agreed to make the required adjustments, and enter into the following rate settlement: Actual Rates As of 1/1/96 Max. Rates per Cost-of-Service Schedule Max. Rates per Settlement Agr. Basic Service Tier $11.87 ~17.74 ~14.67 Cable Programming Tier ~ 11.36 $17.69 $16.61 Converter $ 2.66 $2.66 ~ 2.66 Remote Control ~ 0.39 $ 0.39 $ 0.39 Total $26.28 $38.48 $34.33 The effect of the settlement is to reduce the maximum subscriber bill by 84.34. However, there will still be substantial "head room" between the lower maximum permitted bill of 834.33, and the actual bill of 826.28. It is recommended that the City Council approve and authorize the Mayor to sign the rate settlement agreement. Franchise Transfer Background On June 28, 1995, The Chronicle Publishing Company and Tele-Communications, Inc. entered into a Merger and Reorganization Agreement by which Tele- Communications, Inc. ("TCI") will acquire the cable television operations of the Western Communications division of the Chronicle Publishing Company. TCI will then transfer the Temecula Franchise to its subsidiary, TCI Cablevision of California, Inc. Pursuant to both Federal law and local ordinance, this transaction requires City approval. Accordingly, Chronicle and TCI Communications filed an FCC approved Form 394 application for franchise transfer with the City on September 8, 1995. Pursuant to Federal Regulation, the City has 120 days, until January 6, 1996, to approve or disapprove the transfer. This time has been extended by agreement of the parties through March 26, 1996. Because Chronicle was granted its Franchise on the basis of its professional, financial and technical ability to operate the cable system, it may not be transferred to another without the consent of the City. The purpose of City consent to a transfer is to insure that: (i) TCI/California has the legel and technical ability to operate the system, (ii) Chronicle is presently in full compliance with the terms of the franchise, and (iii) the financial terms and conditions of the purchase will not negatively impact cable operations. The purpose of this report is to address these three issues; particularly focusing on a compliance audit to determine if Chronicle is meeting the terms and conditions of the Franchise, including customer service standards. The reason for the focus on Franchise compliance is because if the City does not correct Franchise violations prior to the transfer, they may be waived. Consequently, it is necessary that all franchise noncompliance issues be remedied prior to the transfer. Analvsis of TCI's Professional and Technical Qualifications The parent company, TCI is the largest cable operator in the country. TCI is headquartered in Englewood, Colorado. As of the end of 1994, TCI served 11,494,000 basic cable subscribers and passed over 18,858,000 homes. It is vertically and horizontally integrated. For example, it previously owned a significant share of Turner Broadcasting. Through Time-Warner's purchase of Turner, TCI has obtained a seat on the Board of Directors of Time-Warner. Time-Warner also owns HBO, and is the second largest cable operator in the country. TCI owns large systems throughout the nation, including Pittsburgh (390,000 subscribers); Denver (351,000 subscribers), Chicago (230,000 subscribers) and Northern New Jersey (203,000 subscribers). More importantly, it has developed a corporate plan to own a cluster of systems in the Bay Area. For example, TCI already owns TCI Cablevision of San Jose (173,000 subscribers). It is presently purchasing both the Viacom's San Francisco system (170,000 subscribers), and all of the Chronicle Publishing Company's cable systems (327,000 subscribers), including its Bay Area holdings, With the additional purchase of InterMedia's South Bay system of 66,000 subscribers (including Brenmor) and the Lenfest systems, TCI will own virtually all the cable systems serving the Bay Area. The Temecula system will be owned by TCI/California. A list of the systems managed by TCI/California along with recommendations from three other Bay area cities is attached hereto as Exhibit 2. Based upon this information, TCI/California will have the professional and technical qualifications to own the Temecula system. Financial Qualifications of TCI TCI is a highly leveraged company, although not highly leveraged as compared to other cable operators. As of fiscal year 1994, TCI's debt per basic subscriber was ~/881.00. The high for the cable industry is an excess of $2,000 per subscriber, and the average is $775 per subscriber. Company-wide, TCI's total cable debt is 10.3 billion dollars. Its cable related cash flow is 1.857 billion dollars. Its interest expense is 7.012 billion dollars and its capital expenditures for fiscal year 1994 were 1.235 billion dollars. Franchise Compliance As part of the Franchise compliance review, we requested Chronicle to submit additional information addressing a number of potential areas of franchise noncompliance. Attached as Exhibit 4 is a copy of the most pertinent responses from Chronicle. These responses describe the operation of the system. There were three areas of franchise noncompliance that were identified. First, the franchise requires live origination capability to transmit programming from the Temecula Town Association Center on Pujol. That was never accomplished. To cure this matter, the Transfer Resolution requires live origination capability from the new City Hall. Second, there was a history of prematurely switching off San Diego stations. However, this problem is principally due to copyright laws which define Los Angeles broadcast stations' market area as including Temecula. Consequently, only non- duplicative programming can be carried from San Diego. Switching programming between Los Angeles and San Diego is handled mechanically. When programs run over, they are cut off. Third, the City is not presently enforcing customer service standards, because they were not previously in place. Consequently, as discussed below, it is recommended the City adopt FCC customer service guidelines. Transfer Resolution Based upon Special Counsel's review, it is recommended that the City Council approve the transfer application by adopting the transfer resolution. In summary, the transfer resolution provides as following: 1. OwnershiP and Management TCI/California is a wholly owned affiliate of TCIRVest, which is owned by TCI, Inc. ("TCIC"), which is owned by TCI. It is proposed that TCI/California will own the franchise. While audited financial statements are available for TCI, TCIC, and TCIRVest, none are available for TCI/California. However, TCI/California currently owns and operates the San Jose, California system, and will own and operate virtually the entire Bay Area, once TCI completes its purchases of the Viacorn (San Francisco), Lenfest, Chronicle (East Bay and Ventura County) and InterMedia (South Bay) systems. Recommendation That TCIRVest guarantee the Franchise obligations. 2. Live Carriage of Council Meetings From City Hall In order to offer live cablecasts of City Council meetings from the new City Hall, a fiberoptic cable must be installed between the Lindy Lane system headend and City Hall. The estimated cost would be $150,000. Instead, it is proposed that TCI be permitted to use a City-owned traffic signal conduit to connect the two locations. This reduces the cost to $75,000. Cost to be born solely by the cable company. Recommendation That a fiber optic cable be installed between the new City Hall and the cable headend on Lindy Lane. This cost will not be passed through to subscribers or the City. 3. Use of Goodwill in a Cost of Service Showing In certain circumstances, the price paid for a cable system can result in higher prices to customer. Recommendation That TCI agree that any goodwill value generated as a result of the transfer not to be included in any rate setting for a period of three years. 4. Consulting Costs The City incurred consulting costs in order to review both the rate schedule and the transfer. Recommendation That Chronicle pay the City $8,000, representing the estimated consulting (legal) costs. This cost will not be passed-through to subscribers, and it will be reimbursed to the City. Customer Service FCC Customer Service Guidelines establish minimum standards for answering telephone calls. Recommendation That the City adopt the customer service standards by resolution. Briefly, the standards provide that: 1) The cable operator must maintain a toll-free customer service telephone line that is open 24 hours a day. 2) All telephone calls must be answered within 30 seconds of the first ring and a customer should not receive a busy signal more than 3 percent of the time calls are made. This standard must be met 90% of the time. 3) Trained representatives must answer the phone during normal business hours. 4) After normal business hours, the customer service telephone line can be answered by 8 service or an automated response system. 5) Customer calls received after normal business hours must be responded to by a trained representative on the next business day. 6) Customer service and bill payment centers must be open during normal business hours (including some nights and weekends). 7) Installation, service calls and other installation activities must be scheduled for a specific time or, at a maximum, for a four-hour "window" (e.g., between 8 am and noon, noon and 4 pm} during normal business hours. 8) Repairs of outages must begin within 24 hours. FISCAL IMPACT: There is no fiscal impact to the City for approval of this agreement. Including the cost of providing a live feed from the new City Hall and the reimbursement of legal and consulting fees, the City will benefit in the amount of $158,000. Attachments: Exhibit 1: Exhibit 2: Exhibit 3: - Settlement Agreement - Transfer Resolution - Customer Service Resolution, with FCC Guidelines attached - List of Systems Owned and Operated by TCI/California - Response to Questionnaire regarding Cable System Characteristics Exhibit 1 RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALIFORNIA, APPROVING THE TRANSFER OF A CABLE TELEVISION FRANCHISE FROM THE CHRONICLE PUBLISHING COMPANY TO TCI CABLEVISION OF CALIFORNIA, INC. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, on October 24, 1978, the Board of Supervisors of the County of Riverside granted KACOR Realty, Inc. a non-exclusive license to construct, operate and maintain a cable television system within the unincorporated area of Riverside County known as Rancho California, as more particularly identified in Exhibit A to such license, including the area which constitutes the present territorial limits of the City of Temecula; WIt~REAS, on October 2, 1984, the Board of Supervisors granted Rancho California Cablevision Corp., as the successor-in-interest to KACOR Realty, Inc. a non-exclusive license to construct, operate and maintain a cable television system within the unincorporated area of Riverside County known as Rancho, California, as more particularly identified in Exhibit A to such license, including the area which constitutes the present territorial limits of the City of Temecula; WHEREAS, on April 23, 1985, the Board of Supervisors adopted Ordinance 503 establishing the procedure for the issuance of licenses to construct, operate and maintain a cable television system; Wlt~.REAS, on October 29, 1985, the Board of Supervisors approved tI) a change in name of the licensee from Rancho California Cablevision Corp. to VU West Communications and (ii) an expansion of the service area within which the licensee was authorized to provide cable television service within the unincorporated area of Riverside County, as such expanded service area is more particularly identified in Exhibit A to the minutes of the Board of Supervisors as of such date, which includes the area that constitutes the present territorial limits of the City of Temecula; WltF. REAS, on March 8, 1988, the Board of Supervisors approved the transfer of the non-exclusive license to construct, operate and maintain a cable television system in the unincorporated area of Riverside County known as Rancho California from VIJ West Communications to Inland Valley Cablevision; WItEREAS, on March 12, 1988, Inland Valley Cablevision accepted the transfer of such license from VII West Communications; R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 WHEREAS, Ordinance No. 503 was mended into its current form on or about November 17, 1988; WHEREAS, on January 10, 1989, the Board of Supervisors approved the transfer of such license from Inland Valley Cablevision to The Chronicle Publishing Company ("Chronicle"), the ultimate parent and controlling owner of the Inland Valley Cablevision, and issued a new, non-exclusive license to Chronicle to construct, operate and maintain a cable television system within the unincorporated area of Riverside County known as Rancho California, as more particularly identified in Exhibit A to such license, including the area which constitutes the present territorial limits of the City of Temecula; WHEREAS, the City of Temecula incorporated on December 1, 1989; WItEREAS, on July 10, 1990, the City Council of the City of Temecula adopted Ordinance No. 90-12, governing cable television franchises granted by the City subsequent to the date of City incorporation on December 1, 1989; WltEREAS, pursuant to Ordinance No. 90-12, the City and Jones Intercable of San Diego, Inc. ("Jones") entered into a Franchise Agreement dated August 13, 1991; WHEREAS, Exhibit "C" to the Franchise Agreement between City and Jones established various requirements as to access pwgramming; WltF. REAS, pursuant to Resolution No. 92-81 the City Council of the City of Temecula, the City approved the surrender of the Jones Franchise to Chronicle. Resolution No. 92-81, and the attachments thereto (including the access obligations contained in Exhibit C), constitute the Franchise of the Chronicle to operate a cable television system in Temecula; WHEREAS, on June 28, 1995, Chronicle entered into an Agreement and Plan of Merger with Tele-Communications, Inc. CTCI"), by which Chronicle will merge with and into TCI (hereinafter referred to as the "Transaction"); W'ItF. REAS, TCI is the parent of TCI Communications, Inc. CTCIC") and also owns and controls TCI West, Inc. {"TCI/West"), which in turn controls TCI of California, Inc. CTCI/Califomia"). TCI pwposes that TCI/Califomia will hold the Franchise; WtlEREAS, the Franchise requires City Council consent to any transfer of the Franchise; WHEREAS, FCC Regulations (47 CFR § 76.502(1)(1)) currently require that in order for a cable operator to obtain City approval of a transfer of the Franchise, it must submit to the City a FCC Form 394 and any other information as may be required by law; R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 WHEREAS, Chronicle and TCI have fried a FCC Form 394 with the City requesting City Council approval of the transfer of the Franchise to TCIC and the subsequent transfer by TCI to TCI/California (hereinafter, the "Transfer"); WItEREAS, in support of its Form 394 Application, Chronicle and TCI have submitted to the City the following documents which are on fLle with the City Clerk, and are collectively referred to as the "Transfer Documents": 1. Form 394, fried with the City on September 8, 1995; Letters with exhibits from Sherman & Howard to Scott Field, special counsel to the City, dated October 6, and 10, 1995. WHEREAS, as part of the Form 394 application, TCI certified that it "will use its best efforts to comply with the terms of the Franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation of the system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing"; WltRREAS, the Conference Report to the 1992 Federal Cable Television Act, in discussing franchise renewal under Section 626 of the Communications Act of 1934 (47 U.S.C. § 546) states that transfers of a cable television franchise are not responsible for breaches of the franchise committed by the transferor. Consequently, the City Council finds that it is necessary that all franchise noncompliance issues be remedied prior to the Transfer; WItRREAS, the City has completed an evaluation of Chronicle' s compliance with the Franchise, and determined that, subject to the terms and conditions of this Resolution, Chronicle and TCI/California and TCI/West, will be in compliance with the Franchise as of the date of approval of this Resolution, NOW, TItEREFM3RE, BE IT RESOLVED, that: Section 1: The Temecuh City Council finds that, based upon the representations contained in the Transfer Documents, and the terms and conditions of this Resolution, TCIC and TCI/California will have the legal, financial and technical qualifications to own and manage the Franchise. Subject to the conditions of approval contained in Section 2 of this Resolution, the City C'mnc'fi approves and consents to the Transfer of the Franchise to TCIC and the subsequent tranimr of the Franchise to TCI/California. The City Council finds that, subject to compliance with Section 2G of this Resolution, Chronicle is in compliance with the Franchise. R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 Section 2: The approval of the Transfer is subject to the following conditions of approval: TCI/California (hereinafter referre.~l to as "Grantee") shall comply with and be bound by the following documents: (a) The License attached as Exhibit "A, " to Resolution No. 92-81, which expires on January 9, 2004. Co) Co~nty Ordinance No. 503, as mended as of November 17, 1988 and attached as Exhibit "B" to Resolution 92-81. (c) Resolution No. 92-81, including all Exhibits thereto. (d) The Settlement Agreement Between The City of Temecula and The Chronicle Publishing Company, Regarding Cable Television Rates and Charges. (e) This Resolution. Grantee agrees and acknowledges that compliance with the Franchise as of the closing of the Transaction, including the conditions contained heroin, is not Commercially Impractible as that term is used in Section 625(a) of the Cable Act. Chronicle shall arrange independence fmancing of the obligations set forth in subparagraph E and I so that their costs will not cause Grantee to incur "external costs" under Title 47, Section 76.922 of the Code of Federal Regulations. The parties hereby acknowledge and recognize that the City has expressed a concern regarding the effect its approval of the Transfer may have upon the amount or level of rates subject to the jurisdiction of the City under existing and future provisions of the Cable Act, as amended, or any successor statute, and has further expressed its intent and understanding that it would not approve the Transfer if that transaction or the City 's consent thereto, could, in any way, be utilized by Grantee to justify rates subject to the jurisdiction of the City higher than could be justified in the absence of the Transfer. By accepting and agreeing to this Transfer Resolution, Grantee hereby covenants, represents and warrants to the City, as partial consideration for the City' s approval of the Transfer as follows: From the date the Council approves this Resolution through March 31, 1999 ( the "Forbearance Period") Grantee shall not include any "Goodwill" as that term is defined in hragraph 99 of the Report and Order and Further Notice of Proposed Rulemaking [MM Docket No. 93- R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 215, CS Docket 94-28] March 1994, (the "Interim Report") or as that term is defined in the Final Report on Cost-of-Service, as announced by the FCC on December 17, 1995 (the "Final Report") which will be generated as a result of the Transfer ("Transfer Goodwill") in any fding with the City related to the justification of any rates; however, to the extent that any Goodwill arose prior to the Transfer, and/or was not created as a result of the Transfer then the Grantee shall not be prohibited from including such Goodwill in the calculation or determination of any such rate. This agreement by Grantee not to include Transfer Goodwill in the rate base for regulated rates during the Forbearance Period shall be a waiver of its rights to include "Goodwill" (as defmed in the Interim Report and the Final Report) in the rate base of rates subject to the jurisdiction of the City only as it may apply to the Transfer Goodwill. In satisfaction of Chronlcle's existing Franchise obligation to install local ofigination capability from 28810 Pujol Street, Grantee shall, within 30 days of the dedication from City to Grantee of a 2 inch diameter conduit or at least of one-half inch of unimpeded, shared conduit space in the City' s traffic signal conduit from the Lindy l~ne to 43200 Business Park Drive, provide the capability for insertion of video programming by the City over Chronlcle's cable television system serving the City of Temecula via fiberoptic cable from the new City Hall located at 43200 Business Park Drive, Temecula. This obligation shall be subject to each of the following terms and conditions: The new City Hall and the existing Community Recreation Center may use a shared return path. Programming shah not be originated simultaneously from the new City Hall and the existing live origination site at the Community Recreation Center. The insetlion of video programming from such location shall be one-way only directed to Grantee' s headend, receive set or other distribution point from which video programming is distributed throughout the City. The City shall coordinate control of the location accessing any shared return path for presentation of video programming over Chronicle' s cable television system serving the City of Temecula. Grantee shall provide a modulator at the new City Hall. The City shah be responsible for, and shah bear all other costs and expenses related to, all other equipment and facilities required at each location for the origination and distribution of such video programming, including R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 without limitation cameras, editing equipment, videotape recorders, playback facilities and any and all other equipment and facilities utilized in connection with the ofigination and distribution of video programming from such location. Failure of Grantee to comply with any material provisions of this Resolution or the Franchise shall be grounds for the City to invoke any of the City' s remedies under and in accordance with the Franchise. This approval of the Transfer shall be deemed effective upon the issuance of a Certificate of Closing (the "Certificate of Closing") by the City Attorney or Special Counsel (the "Effective Date") so long as the Acceptance and Guarantee of the Transfer Resolution (Exhibit A) has been executed and returned by Chronicle, Grantee and TCI/West, and the payments specified in Paragraph Q have been made to the City, within ten (10) days of approval by the City Council. If this Transfer Acceptance and Guarantee is not so executed and returned and the payments made to the City Clerk within ten (10) days of approval by the City Council, it shall become null and void and the Transfer shall be deemed disapproved for good cause as of the date of approval of this Transfer Resolution by the City Council. A Certificate of Closing shall be issued by the City Attorney or Special Counsel at such time that the following documents have been provided to the City or acts completed in a form acceptable to the City Attorney or Special Counsel: 1. The receipt of a certified check for the payments referenced by Section 2 I. Execution and delivery of Exhibit A to this Resolution by Chronicle, Grantee and TCI/West. TCI/West shall agree to guarantee all obligations of Grantee hereunder, and Chronicle agrees to perform the obligations imposed upon it pursuant to the terms and conditions of this Resolution. The Acceptance and Guarantee shall be notarized so as to indicate that the persons executing the Acceptance and Guarantee have the authority to bind Chronicle, Grantee or TCI/West. Failure of Chronicle, Grantee or TCI/West to timely f~e the Acceptance and Guarantee shall void the approval of the Transfer. The City shall be reimbursed its reasonable administrative, consulting, accounting and legal costs ("consulting") incurred in processing the application for approval of the Transfer and the Settlement Agreement. The reimbursement amount shall not exceed Eight Thousand Dollars ($8,000.00). Within ten (10) days of the adoption of this Resolution, the City shall be paid Eight Thousand Dollars ($8,000.00). Section 3: By delivering a copy of this Resolution to Grantee, the City hereby gives notice that pursuant to Revenue and Taxation Code §107.6, the Franchise may create a R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 possessory interest which, if created, may be subject to property taxation and that Grantee and TCI may be subject to payment of property taxes levied on such interest. Grantee and TCI do not waive their fight to contest the amount or legality of the possessory interest tax. Section 4: The City Manager, the City Attorney and Special Counsel, or their designees, are hereby authorized and empowered to execute any documents necessary, in their discretion, to implement the approvals contained herein. PASSED, APPROVED AND ADOFrED by the City Council of the City of Temecula at a regular meeting held on the 261h day of March, 1996. ATr~T: Karel F. Lindemans, Mayor June S. Greek, CMC City Clerk STATE OF C.~I .n~ORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 261h day of March, 1996 by the following vote: AYES: NOES: ABSENT: June S. Greek, CMC R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 F_3OqlRIT A ACCEPTANCE AND GUARANTF, F. OF TRANSFER OF FRANCHISE TCI Cablevision of California, Inc., hereby accepts each and every term of Resolution No. __ of the City of Temecula, entitled: A RESOLUTION OF THIE CITY COUNCIL OF THE CITY OF TEiVIBCULA, CALIFORNIA, APPROVING THE TRANSFER OF A CABLE TI~.I .RVISION FRANCHISE FROM THE CHRONICLE PUBLISHING COMPANY TO TCI CABLEVISION OF CAI .IFORNIA, INC. Dated: ,1996 TCI CABLEVISION OF CAI.I~ORNIA, INC. By: Name: Title: The Chronicle Publishing Company, hereby accepts each and every term applicable to it of Resolution No. _ of the City of Temecula, entitled: R:\LANIERDA\REPORT\STAFF24A.MIS 3/20/96 Dated: A RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING THE TRANSFER OF A CABI .g T~.T .g. VISION FRANCHISE FROM THE CHRONICLE PUBLISHING COMPANY TO TCI CABI-RVISION OF CALII:ORNIA, INC. ,1996 THE CHRONICLE PUBLISHING COMPANY By: NalTle: TCI West, Inc. CTCI/West") hereby unconditionally guarantees each and every term of Resolution No. of the City of Temecula, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEIVIECULA, CALIFORNIA, APPROVING THE TRANSFER OF A CABLR Tgt .~.VISION FRANCHISE FROM THE CHRONICLE PUBLISHING COMPANY TO TCI CABLEVISION OF CALIFORNIA, INC. TCI/West waives any fight to require the City to proceed first against TCI Communications, Inc., or TCI Cablevision of California, Inc., or pursue any other remedy in City's power. Dated: ,1996 TCI WEST, INC. By: Name: Title: R:\LAl~IERDA\REPORT\STAFF24A.MIS 3/20/96 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, C~RNIA, ESTABLISHING CABLE TELEVISION CUSTOMER SERVICE STANDARDS THE CITY COIfNCIL OF THE CITY OF 'r~fECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, pursuant to Title 47, Section 76.309 of the Code of Federal Regulations, the Federal Communication Commission authorized cities to establish cable television customer service standards; NOW, THF~REFORE, BE IT RESOLVED, that Section 1: The Temecula City Council hereby adopts the customer service obligations contained at Section 76.309 of Title 47 of the Code of Federal Regulations, a copy of which is attached hereto as Exhibit A. Upon the effective date of this Resolution, all cable operators within the City shall comply with the standards. Section 2: The City Clerk is directed to send written notice to the City's current cable television operators of the adoption of this Resolution. This Resolution shall be applicable to the operators ninety (90) days after receipt of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula at a regular meeting held on the 261h day of March, 1996. Karel F. Lindemans, Mayor A'i-rI~;ST: June S. Greek, CMC City Clerk STATE OF CALIFORNIA) COUNTY OF R/V'ERSIDE) ss CITY OF 'rKMF_X2ULA) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 261h day of March, 1996 by the following vote: NOES: June S. Greek, CMC Cable Television Service Appendix III §76.309 (c) Cablc operators must maintain records sufficient to verify compliance with this rule and make such records available to the public. Such records must be retained for a period sufficient to cover the limitations period specified in 47 U.S.C. 50316116)(B). NOTE ]: Commercial matter means air time sold for purposes of selling a product or service. NOTE 2: For purposes of this section, children's programming refers to programs originally produced and broadcast primarily for an audience of children 12 years old and younger. Subpart H -- General Operating Requirements §76.300 Scopeofapplication. (at The pro'. isions of §§76.302, 76.306. and 76.307 are applicable to all cable television systems. NOTE: In addition to this band, stations in Puerto Rico may continue to be authorized on 942.5,943.0, 943.5. 944.0 MHz in the band 942-944 MHz on a primary basis to stations and services operating in accordance with the Table of Frequency Allocations. (b) The provisions of §§76.301 and 76.305 are not applicable to an>' cable television system serving fewer than 1,000 subscribers. §76.301 Copies of rules. The operator of a cable television system shall have a current copy of Part 76. and is expected to be familiar with the rules governing cable television systems. Copies of the commission's rules may be obtained from the Superintendent of Documents, Government Printing Office, Washington, DC 20402. at nominal cost, §76.302 Required recordkeeping for must-carry purposes. (a) Effective June 17. 1993. the operator of every cable television system shall maintain for public inspection a file containing a list of all broadcast television stations carried by its system in fulfillment of the must-carry requirements pursuant to §76.56. Such list shall include the call sign. community of license, broadcast channel number. cable channel number. and in the case of a noncommercial educational broadcast station, whether that station was carried by the cable system on March 29, 1990. (b) The operator of every cable television system shall maintain for public inspection the designation and location of its principaI headend. (c) Such records must be maintained in accordance with the provisions of §76.3051b). (d) Upon written request from any person, a cable operator is required to provide the list of signals specified in paragraph {a) of this section in writing within 30 days of receipt of such request. §76.305 Records to be maintained locally by cable sysl operators for public inspection. (a) Records to be maintained. The operator of every cable television system having 1.000 or more subscribers shall maintain for public inspection a file containing a copy of all records which are required to be kept by §76.207/political file): §76.22111) (sponsorship identificationsk §76.79 (EEO records available for public inspection); §76.2251c) (commerical records for children's programming): §76.601 (c) (proof-of-performance test data); §76.6011e) (signal leakage logs and repair records) and §76.7011h) (records for leared access). (b) Location of records. The public inspection file shah be maintained at the office which the system operator maintains for the ordinary collection of subscriber charges. resolution of subscriber complaints, and other business or at any accessible place in the community served by the system unit(s) (such as a public registry for documents or an attorney's office). The public inspection file shall be available for public inspection at any time during regular business hours. (c) The records specified in paragraph (a) of this section shall be retained for the period specified in §§76.207. 76.2211f), 76.79, 76.2251c), 76.6011c), and 76.6011e)~ respectively. (d) Reproduction of records. Copies of any material in the public inspection file shall be available for machine reproduction upon request made in person, provided requesting party shall pay the reasonable cost of repro, Requests for machine copies shall be fulfilled at a location specified by the system operator, within a reasonable period of time, which in no event shall be longer than seven days. The system operator is not required to honor requests made by mail but may do so if it chooses. §76.307 System inspection. The operator of a cable television system shall make the system, its public inspection file (if required by §76.3051, and its records of subscribers available for inspection upon request by any authorized representative of the commission at any reasonable hour. §76.309 Customer service obligations. (a) A cable franchise authority may enforce the customer service standards set forth in paragraph (c) of this section against cable operators. The franchise authority must provide affected cable operators ninety (90) days written notice of its intent to enforce the standards. (b) Nothing in this rule should be construed to prevent or prohibit: (1) A franchising authority and a cable operator from agreeing to customer service requirements that exceed the standards set forth in paragraph (c) of this section; (2) A franchising authority from enforcing, through the end of the franchise term, pre-existing customer service- Thompson Publishing Group, Inc. October 1994 Appendix Ill · Page 139 §76.309 Appendix III Cable Television Service ~rements that exceed the staudards set forth in paragraph to) of this section and are contained in current franchise a~reemcms: (3) Any state or any franchising authority from enacting or enforcing any consumer protection law, to the extent not :,pecifically proempied heroin: or (4) The establishment or enforcement of any state or municipal law or regulation concerning customer service that libposes customer serx lce requirements that exceed, or address matters not addressed by the standards set forth in paragraph (c) of this section. (c) Effective July 1, 1993, a cable operator shall be subject to the follov, ing customer service standards: (1) Cable system c~ffice hours and telephone avail- abili0, ~ 6) The cable operator '.'.ill maintain a local, toll-free or collect call telephone access line which will be available to its subscribers 24 hours a day, seven days a week. (A) Trained company representatives will be available to respond to customer lelephone inquiries during normal business hours. (B) After normal business hours. the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained company representative on the next business day. (it) Under normal operating conditions, telephone answer time by a customer representative. including wait time, shall ' · exceed thirty (30) seconds when the connection is made. e call needs to be transferred, transfer time shall not 2ed thirty (30) seconds. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions. measured on a quarterly basis. (iii) The operator will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. (ix,) Under normal operating conditions, the customer will receive a busy signal less than three (3) percent of the time. (v) Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located. (2) Installations, outages and service calls. Under normal operating conditions. each of the following four standards will be met no less than ninety five (95) percent of the time measured on a quarterly basis: (i) Standard installations will be performed within seven 17) business days after an order has been placed. "Standard" installations are those that are located up to 125 feet from the existing distribution system. (it) Excluding conditions beyond the control of the operator, the cable operator will begin working on "service interruptions" promptly and in no event later than 24 hours after the interruption becomes known. The cable operator must begin actions to correct other service problems the next business day after notification of the service problem. (iii) The "appointment window" alternatives for ' -tallations, service calls, and other installation activities will ither a specific time or, at maximum, a four-hour time Jck during normal business hours. (The operator may schedule service calls and other installation activities -utside Of normal business hours for the express convenience of the customer.) (iv) An operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. (v) If a cable operator representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. (3) Communications between cable operators and cable subscribers -- (i) Notifications to subscribers -- (A) The cable operator shall provide written information on each of the following areas at the time of installation of Service, at least annually to all subscribers. and at any time upon request: (1) Products and services offered: (2) Prices and options for programming services and conditions of subscription to programming and other services; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service: (5) Channel positions programming carried on the system: and, (6) Billing and complaint procedures, including the address and telephone number of the local franchise authority*s cable office. (B) Customers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of the cable operator. In addition. the cable operator shall notify subscribers thirty (30) days in advance of any significant changes in the other information required by the preceding paragraph. (it) Billing -- (A) Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. (B) In case of a billing dispute, the cable operator must respond to a written complaint from a subscriber within 30 days. (iii) Refunds -- Refund checks will be issued promptly, but no later than either -- (A) The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (B) The return of the equipment supplied by the cable operator if service is terminated. (iv) Credits m Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. (4) Definitions ~ (i) Normal business hours ~ The term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. In Page 140 · Appendix III October 1994 The Cable Re-Regulation Handbook Cable Television Service Appendix III {}76.501 all cases. "normal business hours" must include some evening hours at least one night per week and/or some v. eekend hours. (ii) Normal operating conditions -- The term "normal operanng conditions" means those service conditions v.'hich are within the control of the cable operator, Those conditions which are not within the control of the cable operator include. but are not limited to. natural disasters. civil disturbances. power outages, telephone network outages. and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to. special promotions, pay-per-view events, rate increases. regular peak or seasonal demand periods. and maintenance or upgrade of the cable system. (iii) Service interruption -- The term "service interruption" means the loss of picture or sound on one or more cable channels. Subpart I -- Forms and Reports §76.400 Operator, mail address, and operational status changes. Within 30 days following a change of cable lelevision system operator, and/or change of the operator's mail address, and/or change in the operational status of a cable television system, the operator shall inform the commission in writing of the following. as appropriate: (a) The legal name of the operator and whether the operator is an individual, private association, partnership or corporation. See §76.5(cc). If the operator is a parmership, the legal name of the partner responsible for communications with the commisson shall be supplied: (b) The assumed name (if any) used for doing business in each community; (c) The new mail address. including zip code. to which all communications are to be directed; (d) The nature of the operabonal status change (e.g., became operational on (year) (month). exceeded 49 subscribers, exceeded 499 subscribers, operation terminated temporarily, operation terminated permanently); (e) The names and FCC identifiers (e.g., CA0001 ) of the system communities affected. NOTE: FCC system community identifiers are routinely assigned upon registration. They have been assigned to all reported system communities based on previous Form 325 data. If a system community in operation prior to March 31. 1972, has not previously been assigned a system community identifier, the operator shall pro:,ide the following information in lieu of the identifier: Community Name. Community Type (i.e., incorporated town. unincorporated settlement, etc.) County Name, State. Operator Legal Name, Operator Assumed Name for Doing Business in the community. Operator Mail Address, and Year and Month service was first provided by the physical system. §76.403 Cable television system reports. The operator of every operalional cable television system shall correct and/or furnish information in response 1o forms, encompassing each community unit. mailed to said operator by the commission. These include: Community unit data -- "Annual Report of Cable Tele:'ision System." Form 325, Schedule l Physical syslem data -- "Annual Report of Cable Television System." Form 325. Schedule 2 Operator ownership data -- "Annual Report of Cable Television." Form 325. Schedules 3 and 4 These forms shall be completed and returned to the commission within 60 days after the date of mailing by the commission. NOTS: The operator of a cable television system having fewer than 1.000 subscribers shall only be required to file Schedules 1 and 2 of Form 325 for each community unit. Subpart J -- Diversification of Control §76.501 Cross-ownership. (a) No cable television system (including all parties under common control) shall carry the signal of any television broadcast station if such system directly or indirectly owns. operates, controls. or has an interest in a TV broadcast station whose predicted Grade B contour, computed in accordance with §73.684 of part 73 of this chapter, overlaps in whole or in part the service area of such system (i.e., the area within which the system is serving subscribers), (b) (1) A cable television system (including all parties under common control) may directly or indirectly own. operate, control, or have an interest in a national television network (such as ABC, CBS, or NBC) only if such a syster~ does not pass more than: (i) 10 percent of homes passed on a nationwide bask when aggregated with all other cable systems in which the network holds such a cognizable interest. and (ii) 50 percent of homes passed within any one ADI. except that a cable television system facing a competing system will not be counted toward this 50-percent limit. (2) The requirements of paragraph (b)(1) of this section are applied at the acquisition date. except that a party with no prior attributable interests in a broadcast network or cable systems may exceed these limits in connection with a purchase of these operations from a party with such existing network-cable interests. Paragraph (b) of this section will not be applied so as to require divestiture of existing facilities. (3) For purposes of paragraph (b) of this section: (i) Homes passed is defined as the number of homes to which cable service is currently available whether or not a given household subscribes to the service. (ii) ADI is defined as the Arbitron Area of Dominant Influence. (iii) A competing systenl is faced by a network-owned cable system where the cable system provides service in the same area as another independently owned, multichannel video delivery system. as specified in §76.33(a)(2)(ii). In order to be counted, such multichannel competitor must be capable of providing a package of local broadcast signals integrated within the service. (c) Effective date. The provisions of paragraph (a) of this section are not effective until November 8. 1987. as to ownership interests proscribed herein if such interests '~ existence on or before July 1, 1970 (e.g.. if franchise we. Thompson Publishing Group, Inc. March 1995 Appendix III · Page 141 F_,xlu'bit 2 Information Request: 3 (i) Resume of prior business Iristory of the Transferee, including experience in the cable television field. A statement identifying, by place and date, other cable television license(s) or franchises awarded to the Transferee, its parent or subsidiary; the status of said license(s) or franchises with respect to completion thereof; the total cost of completion of such system(s); and the mount of Transferee and parent or subsidiary resources commiued to the completion thereof. The Transferee, TCI Cablevision of California, Inc., holds or manages approximately 150 franchises, and providing historical information about every one would be burdensome and provide little helpful information concerning Transferee's legal, technical and economic qualifications to operate a cable system in the City of Temecula. Listed below are all franchises currently held or managed by Transferee that have between 5,000 and 20,000 subscribers, along with the date on which the franchise was awarded or transferred to Transferee. Transferee does not have total cost information pertaining to the communities covered by the listed franchises. In most cases the franchise areas were built many years ago, and then modified, rebuilt or upgraded during subsequent years, sometimes in connection with construction activities conducted simuitancously in several fi'anchise areas or communities. To the extent Transferee might have had information pertaining to the original cost of completing the cable system in the communities covered by the listed franchises, it cannot be isolated to pwvide information pertaining to individual cities or franchises or has been destroyed in the normal course of business. Additionally, most of the systems were owned and operated by another cable operator prior to lransfer to Transferee, and thus Transferee does not have original cost information periaining to them or cost information pertaining to improvements and modifications made prior to Transferee's ownership or management. Transferee will provide all resources necessary to complete the cable system in the City of Temect~a to the extent required by the franchise. Unless otherwise noted, all cable system in the communities listed below are complete to the extent required by the franchise and were completed within the time required by the franchise. The year of completion refers to the year of substantial completion, if known. All systems may be expanding as development and annexation occurs. "Transfer" refers both to u'ansfer by a predecessor operator and to original award. CITY OF SAN CARLOS October 6, 1995 TO WHOM IT MAY CONCERN: TCI Cablevision of California is the cable television service provider for the City of San Carlos. TCI recently rebuilt the cable system in the City using fiber optic teelmology thereby increasing chaingel capacity and improving cable reception. Though numerous problems were experienced by cable subscribers prior to and during the rebuild period, during the last two to three months the complaints have dwindled to almost none. The recent ~fforts by TCI to cooperate with the cities may be a sign that they are gearing up to meet future competition in the cable marketplace. The City of San Carlos hopes that this cooperative relationship with TCI will continue thereby providing subscribers the best in advaneed tetecommunications technology coupled with excellent customer service. lfyou have any questions, feel free to contact me at (415) 8024210. Sincerely, Assistant City Manager/Finance Director Chair, £an Mateo Cable Television Authority COUNTY OF SAN MATEO Sepzember 29, 1995 City of Millbrae 621 Magnolia Avenue, Millbrae. California 94030 TO WHOM IT MAY CONCEP, N: We are in our fifth ).ear ofa 1 S-year franchise agreement with TCI Cablev~sion. One of the terms of the current agreement was that TCI provide Millbrae with equipment for PEG cable access. TCI provided the equipment as agreed. and we received support well beyond the ~vrizten terms of :he agreement. Scott Douglas. then manager, coordinated the installation of the cable drop lines ro our schools and city buildings. Thisfollowedbysupponandon-siteinstalladonofallour"~de access equipment. which consisted of a Character Generator. Editing Suite. two Commodore -~migJ computers, a number of monitors and other miscellaneous items. The service technicians who assisted through this project treated our needs and concerns as their ~wn top priority. Later in the process, when we moved our cable access "studio" to another site, ~gain TCI service technicians were there to help - at no cost to us. When we were ready to ~andle live telceases from our City Council Chambers, again TCI people were there to set us up ~gair "~t no cost. This included standby service as we began our first telceases. Through each ~ew. e of our cable access system, we had the service of the same technicians who were ~miliar with our equipment and with whom we had developed a trusting, cooperative elationship. In this regard we have continued to receive consistent and immediate response to >ur needs. n other matters, TCI has responded to our concerns about customer service standards. especially · ~e need of our residents to reach a sen'ice representative prompdy on the telephone. Each ,*trice complaint has been investigated by TCI and a personal response made directly to the uszomer and a report made to our office. It is important to note that as of September I, 1995, /e had only eight complaints t~r this calendar year. ,"hat i ~nd most important about our ~vorking relationship with TCI is having a government if'airs representatk'e ~o is available to handle our particular types of concern. We don't live in a .-rfect world and from time to time there are issues to discuss. We know we can meet and :scus$ issues to resolve issues to our satisfaction. licia Espinoza. CMC y CeMeual/A~uuaiuratma City Clerk . Public ~Ntc~/Esger,,,.~.4 I:uets/Itec,~aem IN:tie I~ment 5| 2~9-9t~4 (41S| ?,~9-~13] t41S) 2J9-2,139 (415| 2,q9-23~0 (415) M~ Exhibit 3 contains confidential materials which are not available for public disclosure. F_,xhl~it 3 Exhibit 3 ,INLAND VALLEY CABLEVISION (Page 1 of 4) City of Temecula Franchise Transfer/Change of Control Information September 29, 1995 (a) The total number of miles of cable plant is 217.2 and total homes passed is 14,073. (b) (C)~r (d) Physical age of system is from 0 to 17 years old. Older plant has been upgraded to 400 MHz, newer plant has been constructed at either 450 MHz or 550 MHz. The Winchester Creek area was upgraded in 1994 to 550 MHz, and a retrofit to 450 MHz was completed in 1995 in the area bounded by Pala Rd, Rainbow Canyon and Classic Way. System bandwidth capacity is currently 55 channels, with three channels lost due pay TV traps, resulting in 52 capable and activated video channels. In addition, six digital carriers of 3 MHz each are transmitted in the system roll-off above 400 MHz. Forward bandwidth is 54-408 MHz, upstream bandwidth is 5-30 MHz and not activated.' Approximately 11 miles of fiber optic cable has been installed within the Temecula city limits, serving two nodes within the city and four nodes in surrounding areas. The Temecula Community Recreation Center has a fiber optics feed back to the system headend. (e) The system headend is located at 30925 La Serena Way, Temecula. It processes signals received locally (off air and satellite), signals received via microwave from sites at Pine Cove, Hemet, and North Mountain (Daniels Peak, n/o Hemet), as well as video/audio via fiber from the Temecula CRC. All signals leave the La Serena site by either coax or fiber. (f) Tape playback facilities are operated by Inland Valley Cablevision for PEG programming supplied by qualified entities. All PEG programming is played on a single channel. The Temecula CRC has live access for City 'Council and other live meetings via a fiber optics return feed. No other locations have live access.' ** Transferee/assignee will comply with the terms of the of the City of Temecula including rebuild requirements. 4OT7 West Stetson Avenue P.C. D~^ 12020 franchise (Page 2 of 4) (g) No public access studio. '(h) No public access studio, no advertising and promotion program for it. (i) The system meets or exceeds the specifications of FCC Part 76, subpad K ("Technical Standards"). In addition, the headend and all plant has standby power to allow continued operation during commercial power failures. (j) The system utilizes Scientific Atlanta Model 8600 addressable terminals. (k) Present local origination and PEG access programming efforts and facilities include: Efforts: Hemet Sunrise Rotary Auction, April, 1995 Facilities: Automated playback tape decks, both 1/2" and 3/4" formats (I) Proof of Performance results: The Temecula system serves the City of Temecula, City of Murrieta and surrounding unincorporated areas. Per FCC rules, there are three test points in the system, one of which is within the City of Temecula. This location is the most distant cascade serving the city, and as such is representative as a worst case for distortion and other negative impacts. This test point was located at 45926 Hopactong, but a new nearby test location at 31320 Via Edwardo was selected for 1995 testing due to complaints from residents due to noise created during night-time testing. In general, the system has passed FCC standards during each of the semi-annual tests conducted in 1994/95. Minor discrepancies, usually related to an individual channel(s) were corrected shortly after testing. (m) Copy of 2/27/95-3/12/95 EEO report to FCC is attached. (n) Copy of insurance certificate and endorsement.for November 15, 1994-1995 is attached. (Page 3 of 4) (0) Letters of credit and performance bond are being sent to you directly by Jeanette Boyd at Western Communications. Franchise bond is attached as Exhibit l(n). Current and 11/1/95 channel line-up cards are attached. Changes include the addition of KDOC and TV Guide On Screen. San Diego is out of our market area and the Los Angeles stations have duplication protection. (p) Current rate card effective 10/1/94 is attached. Policy for resolving customer complaints regarding signal quality is in the attached 'Cable Television & You Customer Information Guide", page 4 'Signal Quality Procedures". This is mailed yearly to all customers with their statement and is also inserted in every happy bag given to new customers upon installation. Aggregate data on the number of annual complaints concerning signal quality for 9/1/94 - 9/1/95 is attached. Per FCC Regulation, "These records shall be maintained for at least a one-year period.' Form of notice given to subscribers for the past two years regarding the procedure for resolving complaints regarding the quality of service is included in attached 'Cable Television & You' 'Customer Information Guide". Guide is inserted with customer's statements as follows for the prior two years: November 1994 Guide: December 2, 9, 16, 1994 bill cycles December 1993 Guide: January 13, 21, February 4, 1994 bill cycles Guides are also provided in happy bag to all new customers upon installation. Sample subscriber bills are attached. Refer to #6. "Cable Television & You Customer Information Guide" is the notice providing all information to subscribers. (Page 4 of 4) Guides are also provided in happy bag to all new customers upon installation, along with a channel card and rate sheet. Refer to #5 for customer complaint report information. Quarterly gross receipt reports are being sent to you directly by Jeanette Boyd at Western Communications. Annual revenue reports are being compiled by Jeanette Boyd and/or Amy Rizzo at Western Communications. System monitoring and compliance reports will be forwarded on Monday, October 2nd. 10. Attached is the programming guide of the PEG access community channel for May-August, 1995. 11. A rcstatcmcnt of gross rcvenues for calendar ycar 1994 is bcing- compilcd by Amy Rizzo at Wcstern Communications and will bc fo~vardcd to you. See attached Exhibit 11. 12. We do not sell advertising through an interconnect. Sources of revenues derived from advertising carried on the system: Cable 8 (internal) photo advertising Advertising commission from CNI Paid programming commission from Media Central 13. The Franchise Fee is itemized on the subscriber bill. No, we do not include the revenues from the franchise fee itemizations part of gross revenues subject to the franchise fee. (INLAND) QUESTION 2: A Statemere indicating whether the Transferee is willing to accept the current Franchise as a condition of City approval of the Franchise transfer request. RESPONSE: Upon closing of the transaction, Transferee will deliver to the City a written acceptance of the terms and conditions of the current Franchise. Please note that Transferee has also delivered such a suitemerit pursuant to Section 5, Pan II(c) of the Form 394. QUESTION 3: The following information regarding the proposed transfer: (a) Three letters of recommendation ~'om other cities served by the Transferee. RESPONSE: These leuers are attached in Exhibit 3(a). (b) A narrative describing any amendments to the existing Franchise the Transferee intends to request at either the time of transfer or during the five subsequent years. RESPONSE: the Franchise. Transferee does not have any present plans to request amendments to (c) A narrative describing any changes the Transferee intends to make to the operation of the cable system that do not require a franchise amendment. RESPONSE: Transferee does not currently intend to make any changes to the operation of the cable system other than changes that will enhance operation of the system and the service available to subscribers. (d) A nanative suiting whether an adverse finding has been made or an adverse final action been Utken by any court or adminisUative body with respect to any officer, director, person, firm or corporation owing more than 5% of the Transferee's voting stock, or any parmer of the Transferee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary uansfer of any authorization (including cable franchise) to provide video programming services; mass media related antitrust or unfair competition; fraudulent s~atements to another governmental unit; or employment discrimination. RESPONSE: Exhibit 8 to the Transferee's Form 394 addresses this question. We are in the process of running a data base search which will provide the expanded information necessary to answer your question to the extent it is broader than that in the form. The results of this search will be forwarded to you early next week. (e) A narrative describing whm effect the proposed transfer will have on the rate sm,cture and operation of the Franchise, and how such indebtedness incurred in connection with the proposed transfer will be discharged. Specifically, can the Transferee assure the City that no aspect of the proposed Transfer will form the basis of a 'cost of service' adjustment in subscriber rates, as that term is defined in the FCC regulations.'? RESPONSE: Transferee has not prepared any calculations regarding what effect the proposed transfer will have on the rote structure and operation of the Franchise. All future rate adjustments made by Transferce will be consistent with applicable federal regulations. To the extent indebtedness is incurred in connection with this transaction, it will be discharged in the ordinary come of business. (f) A five-year pro forma financial projection indicating anticipated revenues, expenses, net income, cash flow, sources and uses of funds, anticipated capital expenditures and depreciation. RESPONSE: Five-year pro forma financial projections of inland Valley Cablevision which include Temecula as well as other franchises are attached as Exhibit 3(0. Please note that the eonfidentialily provisions set forth in the September 20, 1995 letter from Walter W. Hansell to Scott F. Field apply to these financiais. (g) A statement describing the Trausferee's proposal procedure for processing customer complaints. RESPONSE: Exhibit 3(g). A copy of the TCI Policy and Practice Manual is attached as (h) Evidence that the Transferee can provide insurance policies in the mounts specified in the Franchise. RESPONSE: The financial qualifications of the Transferee are set forth in Exhibit 10 to the Form 394. After the closing of the transaction, Transferee will comply with the insurance requirements set forth in the Franchise. We have also attached as Exhibit 3(h) certificates of insurance covering TCI and its subsidiaries. (i) Resume of prior business history of the Transferee, including experience in the cable television field. A statement identifying, by place and date, other cable television license(s) or franchises awarded to the Transferee, its parent or subsidiary; the status of said license(s) or franchises with respect to completion thereof; the total cost of completion of such system(s); and the mount of Transferee and parent or subsidiary resources committed to the completion thereof. -2- RESPONSE: Transferee's experience in the cable television field is set forth in Exhibit 11 to the Form 394. Transferee is a well established cable television operator in the United States. Its financial, technical and legal qualifications have been repeatedly approved by the FCC and by franchising authorities, including numerous franchise transfers in 1994 and 1995. Please also refer to the general business description of Transferee contained in Transferee's Form 10-IGA attached as Exhibit 10 to its Form 394. Attached as 3(i)(b) to this response is general information for all other Califomia communities in which affiliates of Transferee own and operate cable television systems. We will forward to you early next week Exhibit 3(iX a) to this response which is specific information for California communities in similar size and geographical proximity that are owned and operated by affiliates of Transferee. -3- ITEM 5 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager March 26, 1996 Review of City's Management Information Systems (MIS) PREPARED BY: Grant M. Yates, Human Resources Administrator RECOMMENDATIONS: That the City Council: 1) Approve a contract to hire Robert J. Metzger, through PMW Associates, to conduct a comprehensive review of the City's Management information Systems for an amount not to exceed $17,000. 2) Fund. Approve a appropriation of 917,000 in the Information Systems Internal Service BACKGROUND: The backbone of any organization is its Management information System (MIS), which includes the computer and telephone systems. The City, being very proactive in utilizing advanced computer technology, has provided all City employees with the most updated computers and software programs to ensure maximum productivity. The City's philosophy will continue to be, that core staffing level remain fixed and staff be provided with all tools, including advanced MIS technology, to keep productivity and efficiency at its highest. This philosophy requires the City to dedicate significant resources, FY 1995-96 MIS Internal Service Fund Budget totals 9268,000, to MIS operations. Because of this philosophy, staff is recommending that a consultant be hired to review current City MIS operations and provide a strategic plan, or road map, to help manage the City's Management Information Systems into the future. The qualified consultant being recommended for this assignment is Robert J. Metzger. Mr. Metzger is currently the Director of General Services for the City of Long Beach. In addition, for 14 years, he was the Executive Vice President for San Diego Data Processing Corporation, which provides data processing and MIS services for the City of San Diego. Mr. Metzger'~ complete resume is attached for your review. The MIS review, proposed by Mr. Metzger, includes: interviewing all City departments to determine user needs, examining all existing computer applications, and providing the City with a blueprint, from which all future MIS funding and management decisions will be based. In addition, this review will address areas of concern that were voiced by employees during Citywide departmental teambuilding workshops in 1995, facilitated by Dr. Paul Whisenand of PMW Associates. This review will help staff ensure that individual departments and employees MIS needs will be met. Staff was able to receive this review proposal, with no selection process conducted, because Dr. Whisenand has had a long and successful working relationship with Mr. Metzger. This review will fall under the professional services category and is an outstanding opportunity for the City at the proposed price. If we were to have a major consulting firm conduct this review, we might pay two to four times this amount. PMW was selected from a competitive selection process and all invoices from Bob Metzger will be submitted to the City by PMW, who will not charge any mark up. This will simplify the billing process. The total budget for this project is $17,000. However, if individual tasks are completed in less than the proposed time frame, then the City will only be billed for actual time worked. FISCAL IMPACT: A $17,000 appropriation will be required from the Information Systems Internal Service Fund retained earnings to account #320-199-999-5248. Attachment: 1. 2. Resume of Robert J. Metzger Project proposal and timeline ~AR 1 February 26, 1996 Grant Yates Human Resources Administrator City of Temecula 43174 Business Park Dr. Temecula, CA. 92590 Dear Grant: Attached you will find the information on the proposed Information Systems Planning Project you had requested. Attachment 1 is a copy of my resume which demonstrates my capabilities to perform the project. Attachment 2 provides details of the proposed project plan. This information includes a breakdown of proposed tasks, the amount of effort required, the projected cost, and a proposed time phasing for the project. A summagi of the proposed project is as follows: 1. Project Kickoff - present overview of the project to department heads on April 4th or 5th, 1996. 2. On-site Interviews - conduct two days of on-site interviews to determine internal customer issues and needs. 3. Review Existing Applications - conduct on-site review of existing computer applications to determine organizational needs, existing vendor upgrade plans, and new applications which may be required. 4. Review Organizational Options - develop a governance structure to guide and control the information systems activity, determine areas of depa~h,tental interest and need that form logical applications working groups; and finally, assess the technical resources needed to adequately maintain the hardware and software systems. 5. Technology Review - assess the existing computer hardware, software, and network infrastructure to determine existing capacity and ability to expand to meet new requirements. 6. On-site Review and Planning Session - conduct a one day on-site review and planning session which will overview the project to date, discuss potential recommendations, and provide an opportunity for further internal customer input. 2 Prepare Final Plan - prepare a presentation style report of the project including a detailing of all recommendations, and prepare a time phased plan indicating the order and priority of proposed next steps. Included is an on-site presentation of the plan to any group or groups selected by the City. The cost for the preparation of the proposed plan is approximately $17,000.00. This includes the costs for mileage and lodging where appropriate. The estimate of costs is higher than the original estimate because of the addition of the Kick-off and Technology review tasks, and the addition of an on-site presentation of the final plan. Another day of on-site interviews was also added to the initial set of interviews per our discussion. Please call when you have had an opportunity to review the information and let me know if this meets your requirements. Sincerely, ATTACI-II~ENT 3. JcR Oai _ SS I OY'fl f . ROBERT J. METZGER 6218 Cordoba Court Long Beach, CA 90803 (310) 986-9595 SUMMARY OF EXPERIENCE Over 30 years of consulting, management, and technical experience in the Information Systems industry. Twice recognized as among the top 10 governmental information technology executives in the counU~. Extensive experience in all facets of the application of information technology and telecommunications to the challenges of local government. SPECIFIC WORK EXPERIENCE November, 1993 to Present: DIRECTOR of GENERAL SERVICES, CITY of LONG BEACH, CA Responsible for this department which provides internal support services to other departments of this local government. Services provided include: procurement, information processing, telecommunications, wireless communications, reprographics, parking management, fleet maintenance, police towing; as well as video production and cable franchising services. Also responsible for the City's service competitivehess program and process re-engineering projects. November, 1979 to November, 1993: EXECUTIVE VICE PRESIDENT, SAN DIEGO DATA PROCESSING CORPORATION, SAN DIEGO, CA, Served as the fn'st General Manager for this new organization formed to provide data processing services to the City of San Diego. Unaer this direction, the business base for the organization grew to more than $40 million per year. This growth was achieved by the development of hundreds of new customer focused data processing applications, assumption of responsibility for voice communications; as well as extensive development of office, engineering design and drafting, and data acquisition and control systems. In addition, services were expanded to the entire region for law enforcement, library, and geographic information systems. The organization received numerous national awards for innovation and success in solving the problems of local government. ATTACHNENT 2 R. J. Hetzger Professional Resume Page 2 August 1973 to November, 1979: MANAGER of INFORMATION SERVICES, CITY OF LONG BEACH, CA. Assumed responsibility for the information systems organization when it was primarily batch processing oriented. Within two years, the entire organization and technology base were transformed into an effective, state-of-the art service oriented provider recognized nationally for it's innovation. Within a five year period, all major applications were replaced with newly developed or purchased systems. In addition, over $5 million of Federal grants were acquired to finance the development of many of these new customer systems. January, 1973 to August, 1973: DIRECTOR of TECHNICAL DEVELOPMENT, ROCKWELL INTERNATIONAL, DOWNEY, CA. Responsible for all of the technical matters relating to Rockwell's planned entry into the external computer services business. Played the major role in correcting existing contract performance problems while assisting in the acquisition of new business. Internal difficulties associated with the concurrent centralization of all computing into a single center resulted in a decision not to further pursue external business. June, 1967 to January, 1973: VICE PRESIDENT, MAUCHLY-WOOD SYSTEMS CORPORATION, NEWPORT BEACH, CA. Responsible for this firms entry into the Government Systems market. Personally acquired and managed the first contract which subsequently grew into a $3 million per year line of business. The firm's initial thrust was in the oil exploration business where responsibilities were the development of turnkey hardware/software packages, ~nd for the installation and ongoing support of the installed base. September, 1964 to June, 1967: OPERATING SYSTEMS MANAGER, EMR COMPUTERS, MINNEAPOLIS, MN. Responsible for the design, development and packaging of all standard operating systems software for this minicomputer manufacturer of scientific and real-time systems. Also involved in the design of hardware functions, and in the installation and trouble-shooting of customer systems. EDUCATION 1960 to 1963: ST. CLOUD STATE UNIVERSITY, ST. CLOUD, MN. Temecula Info. Systems Plan 'Row! , Task Name 1 i Project Kickoff 2! Prepare project overview 3! Present at Pale Mesa 4!On-site Interviews 5i Review org charts 6] Prepare interview schedule 7 Conduct on-site interviews 8 Wdteup_interviews 9 Follow -up/vedfy 10 Review existing applications 11 Review documentation 12 On-site review 13 Contact vendors 14 Review plans 151 Develop time phase plan 16 Review organizational options 17 Develop governance structure 18 Develop application clusters 19 Prepare organizational recommendations 20 Technology review 21 Configuration review 22 On-site assessment 23 Review upgrade plans 24 Assess capacity needs 25 Develop recommendations 26 On-site review/planning session 27 Prepare presentation materials 28 Conduct review/planning session 29 Prepare final plan 30 Finalize governance plan 31 Finalize organizational plan 32 Finalize application plan 33 Finalize technology assessment 34 Prepare time-phase plan 35 Prepare presentation 36 On-site presentation of plan ~Effort ' 4.00 4.00 26.00 1.00 1.00 16.00 6.00 2.00 16.00 2.00 8.00 2.00 2.00 2.00 12.00 4.00 4.00 4.00 20.00 2.00 8.00 2.00 4.00 4.00 16.00 8.00 8.00 34.00 ZOO 2.00 2.00 2.00 2.00 16.00 8.00 Projected Cost ;i $1,052.20i $500.001 $552.20j $3,402.20! $125.00 $125.00 $2,152.20 $750.00 $250.00 $2,052.20 $250.00 $1,052.20 $250.00 $250.00 $250.00 $1,500.00 $500,00~ $500.00 $500.00 $2,552.20 $250.00 $1,052.20 $250.00 $500.00 $500.00 $2,152.20 $1,000.00 $1,152.20 $4,302.20 $250.00 $250.00 $250.00 $250.00 $250.00 $2,000.00 $1,052.20 Milestone Pdnted: Feb/27/96 Summary m Page I Fixed Delay ....... II · m-I I' I i , · · ITEM 6 APPROVAL CITY ATTORNE~'~ DIRECTOR OF F CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager March 26, 1996 Support of Amicus Brief - Emergency Medical Services PREPARED BY: Grant M. Yates, Human Resources Administrator RECOMMENDATION: Authorize the City joining as an amicus curial in behalf of the City of San Bernardino in the County of San Bernardino at no cost to the City. BACKGROUND: The League of California Cities Legal Advisory Committee has authorized on amicus brief in the case of County of San Bernardino, et al. v. City of San Bernardino, et al. and has requested that the City of Temecula support this brief as it is argued before the California Supreme Court. The basic issue in this lawsuit is whether a City (or fire district) can provide emergency medical services, including emergency ambulance service, at the level of service the City deems appropriate; or whether the City's provision of such services is subject to County control as the local emergency medical service agency. In the County of San Bernardino case, the County, through its local emergency medical service agency, attempted to block the City of San Bernardino, utilizing Health and Safety Code Section 1797 et seo., from providing emergency ambulance service, except on terms as directed by the County. This case, on the surface, does not have an immediate impact on the City of Temecula or Riverside County Fire, with whom the City contracts. However, the issue of a City's right to determine service levels within their own boundaries is an issue that the City should vehemently support. FISCAL IMPACT: None Attachment: City of San Bernardino Request for Support an ¢rnardino O F F I C E O F T H E C I T Y J A M E S F P E N M A N C I T Y A T T O R N E Y ATTORNEY Febmar)' 27, 1996 /X,IAR 0 i 996 County of San Bernardino, et al. v. City of San Bernardino, et al. Supreme Court Case No. S050179 Dear ('It3 Atton~e): The purpose of this lener is to request that you join in the amicus brief which the League of California Cities Legal Advison.' Committee has authorized Ruthann Ziegler of Krordck. Moskovitz, Tiedeman 8: Girard of Sacramento to author. The California Supreme Court Vanted review of the above captioned matter. The Fourth District Court of Appeals had previously issued an Opinion favorable to the City of San Bemardino The Court of Appeal Opinion was a total victory for cities and fire districts throughout the state who provide prehospital emergenc.~ medical sen ices to their constituents. The issues are simple and ofstatewide interest. The litigation concerns Health & Safetx' Code Section 1797 et seq.. especially Section 1797.201. The basic issue in this lawsuit is whether a city.' or fire district can provide emergency medical sen'ices. including emergency ambulance sen'ice. in the manner and scope. and at the level of sen'ice the city or fire district deems appropriate. or whether the city's/fire distnct's proHsion of such sen'ices is subject to local emergent' medical sen'ices agency. A related issue is ~xhether a city ,,vhich receives 9-1-1 calls rnay direct that its ambulances respond to a medical emergency. rather than the count).' directing that the response shall be made from ambulances o~ned and operated by a prix ate company under contract to the Count>.'. Within the Count3.' of San Bemardino. the Count2,.' through its local emergent' medical sen'ices agency attempted to block the City of San Bemardino and fire districts from providing emergency ambulance sen'ice. except on such terms as directed by the Count>'. The Count3.' also attempted to require the Ci~' to have 9-1 -1 emergency medical calls ser','iced by a private ambulance company under contract x~ith the Count3. The Court of Appeals in a 47 page Opinion said that the City can administer prehospital emergency medical sen ices ~ithin its boundaries subject only to medical control by the Count5.'. In addition. the Court of Appeals held that cities also haxe the right to provide ambulance sen ice and to increase levels of emergency medical sen ice. if the cities s,.. desire. RE: Count' of San Bemardino, et al. V. Ci~' of San Bemardino. et al. Febmar>.' 27.1996 Page 2 The Cin.' of San Bemardino was joined by 112 cities, the California Fire Districts Association and the California Fire Chiefs Association in the Court of Appeal. Clearly, a favorable decision in this case is critical to any city or fire district that x~jshes to provide emergent· medical services, including ambulance service. If the County of San Bernardino should prevail, counties statewide will have exclusive authority over who provides the service and what level of service will be required. We are asking the California Supreme Court to grant cities and fire districts throughout California the right to determine the levels of prehospital emergency medical services provided within their boundaries and the right to determine who will provide the services. In addition. the Independent Cities Association, xvhich includes all cities in the Los Angeles Count?' has also authorized an amicus brief to be prepared by Burke. Williams and Sorenson. The Cit~ of San Bemardino and 1 will be reD' grateful for }'our participation in the amicus brief I anticipate the an'ucus brief being filed on or about April 15. 1996 ThereFore. I xxould appreciate hearing from you on or before March 22. 1996. to indicate if your c~ty xxishes to support this brier2 For >'our convenience 1 ha~e enclosed a form you max' fill out and return to m_~ office. If you have an>- questions please call me cc: Joanne Spears. General Counsel League of California Cities Ruthann Ziegler. Esq. Kronick. Moskovitz. Tiedeman & Girard Yours very truly. JAMES F PENMAN City Attome.,. By: Robert L. Simmons St. Deputy City Anomey Robert L. Simmons, Esq. Sr. Deputy City Attorney City Attomey's Office 300 North D Street San B ernardino, California 92418 RE: County of San Bemardino, et al. v. City of San Bemardino, et al. Supreme Court Case No. S050179 Dear Mr. Simmons: The City of wishes to join in the amicus brief to be filed in support of the position of the City of San Bemardino in the above matter. Very truly yours, (Signature) (Printed) Title Address Telephone Number Fax Number ITEM 7 APPROVAL CITY ATTORNEY FINANCE DIREC CITY MANAGER~ FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk March 26, 1996 Records Destruction Approval RECOMMENDATION: Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. BACKGROUND: On March 22, 1992, the City Council approved Resolution No. 92-17 which authorizes the destruction of certain city records which have become outdated, obsolete or are excess documents, in compliance with Sections 34090 through 34090.7 of the Government Code. The records management program, administered by the City Clerk's Office, is in the process of microfilming all inactive records that are over two (2) years old. The attached exhibit details Accounts Payable 90-91 O through Z (Retention Code 40106), and Accounts Payable 91-92 A through R (Retention Code 40106). These records have been microfilmed in triplicate with a copy distributed to the City Clerk's Records Vault, the Finance and Planning Departments respectively and one in permanent off-site storage. These records are all qualified for destruction at this time under the provisions of the Records Retention Schedule. The City Attorney has reviewed this request and has signed Exhibits "A" and "B" as provided for in Resolution No. 92-17. ATTACHMENTS: Destruction of Records Request List of Records recommended for destruction JSG TO: FROM: DATE: S~CT: City Clerk Paula Sargent Office Technician March 26, 1996 Destruction of Records Request Attached is a print out of: Accounts Payable 90-91 O through Z (Retention Code 40106), and Accounts Payable 91-92 A through R (Retention Code 40106). These records have been microfilmed in duplicate with a copy distributed to the City Clerk's Records Vault, the Finance Department and a copy to the Vault in San Diego. The microfilming of these records complies with the requirements of Government Code Section 34090.5. The undersigned have reviewed and approved this destruction request. Pursuant to the requirements of Government Code Section 34090.5, I hereby give my consent to the destruction of records under the direction of the City Clerk pursuant to the City of Temecula's adopted Destruction of Obsolete Records Policy. APPROVED: Department Head: City Attorney: R:\forms\desmaet.rqs PJ~DESTY...P~R061 City of Temecula Doc. Ref ......... 140 Page 1 03/15/1996 Files Ready for Destruction Retention Code... 40106 08:29:07 Destruction Date. 03/26/1896 D Item Ret, Pile Reference ~ Storage Media R~ Date Ref. Brief Description Code Security Class Storage Location Location Reference 140 01/04/1990 90-91 Accounts Payable 90-91 40106 0081 Film 3821M1A0002 Group IV 140/120/The Vault 140 01/05/1990 90-91 Accounts Payable 90-91 40108 0082 Film 3821M1A0002 Group IV 140/120/The Vault 140 01/01/1991 91-92 Accounts Payable 91-92 40106 0082 Film 3821M1A0002 Group IV 140/120/The Vault 140 01/02/1991 91-92 Accounts Payable 81-92 40106 0083 Film 3821M1AO002 Group IV 140/120/The Vault 140 01/03/1991 91-92 Accounts Payable 91-92 40106 0084 Film 3821M1A0002 Group IV 140/120/The vault 140 01/04/1991 91-92 Accounts Payable 91-92 40106 0085 Film 3821M1A0002 Group IV 140/120/The Vault 140 01/05/1991 91-92 Accounts Payable 91-92 40106 0086 Film 3821M1AOO02 Group IV 140/120/The Vault 140 01/06/1991 91-92 Accounts Payable 91-92 40106 0087 Film 3821M10002 Group IV 140/120/The Vault ITEM 8 CITY MANAGE~'~_'~ CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Manager/City Council D. Nelson, Director of Community Services March 26, 1996 SUBJECT: Solicitation of Construction Bids For The City Hall Modifications and Tenant Improvements, PW 95-22 PREPARED BY: Phyllis L. Ruse, Development Services Administrator Don Spagnolo, Principal Engineer - Capital Projects RECOMMENDATION: That the City Council approve the construction plans and specifications upon completion and authorize the Department of Public Works to solicit public construction bids for the City Hall modifications and Tenant Improvements, PW95-22. BACKGROUND: On July 11, 1995, the City Council approved the acquisition of a 29,500 square foot office building located at 43106 Business Park Drive, for renovation as the new City Hall. On the same date, the Council awarded a design services contract to Tsutsumida and Associates to prepare the needs assessment, space plan, tenant improvements design, and construction documents necessary to bid the project. The new facility will include a Council Chamber, equipped with state-of-the-art audio/video equipment. Tsutsumida and Associates has worked diligently with staff to complete the final design and tenant improvements. Plans have been submitted for plan check and staff anticipates having completed plans and specifications ready to let a formal public bid by the week of April 5, 1996. Authorizing the solicitation of bids at this time will allow staff to move forward in an expedient manner in order to complete this project within schedule. FISCAL IMPACT: Funds have been appropriated in the Capital Projects Account No. 210-199-610-5700 for the construction costs of the tenant improvements for this project. ITEM 9 CITY MANAGE:R'~;/%'/~"'~ FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Shawn D. Nelson, Director of Community Services March 26, 1996 Solicitation of Construction Bids For The City Maintenance Facility, PW95-29 PREPARED BY: Phyllis L. Ruse, Development Services Administrator RECOMMENDATION: That the City Council approve the constructions plans and specifications upon completion and authorize the Department of Public Works to solicit public construction bids for the new City Maintenance Facility, PW95-29. BACKGROUND: On July 11, 1995, the City Council approved the acquisition of a 29,500 square foot office building and undeveloped land located at 43106 Business Park Drive. The building will be renovated to serve as the new City Hall and Council Chambers. The undeveloped portion of the site will be developed as the City Maintenance Facility. The City Council awarded a design services contract to W. Dean Davidson, Architect for the design, construction documents and construction administration of the Maintenance Facility. Dean Davidson has worked closely with staff to complete the final design improvements. Plans have been submitted for plan check and staff anticipates having completed plans and specifications ready to let a formal public bid by the week of April 5, 1996. Authorizing the solicitation of bids at this time will allow staff to move forward in an expedient manner in order to complete this project within schedule. FISCAL IMPACT: Funds have been appropriated in the Capital Projects Account No. 210-190-144-5804 for the construction costs of this project. ITEM 10 TO: FROM: ,.~ DATE: SUBJECT: APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 Ultimate Reconstruction of Southbound Ramps at I-15 and State Route 79S RECOMMENDATION: 1. City Council adopt a resolution entitled: RESOLUTION NO. 96-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, PROVIDING FOR THE REQUIRED ULTIMATE RECONSTRUCTION OF SOUTHBOUND RAMPS AT I- 15 AND STATE ROUTE 79S Authorize the transfer of $200,000 of Public Facilities Development Impact Fees to the Capital Projects Fund. 3. Appropriate $200,000in the Capital Projects Fund. BACKGROUND: In conjunction with a recent agreement regarding the funding of I-15/79S Interchanges, certain modifications must be made to the plans prepared and approved by Caltrans for the construction of the A.D. 159 project. These changes include the extension westerly of the roadway from the underpass, instead of widening it on its existing alignment that connects to Front Street. It also includes realignment of Front Street southerly to connect to the Western Bypass Corridor at approximately 90 degrees in lieu of the present curved alignment. Due to the horizontal proximity of the southbound I-15 off-ramp to proposed southerly extension of Front Street, the separation is considered sub-standard based on the FHWA regulations, requiring the "Design Exception". This design exception could be considered, provided that the City proceeds with the ultimate solution. Although one alternative for such a solution has been identified, others must be considered and evaluated. r:\agdrpt\96\O326~l1579S.res/ejp By adopting the attached resolution, Caltrans/FHWA will favorably consider approval of the proposed modification to the approved A.D. 159 plans to allow the necessary realignments. Based on the responses to the Request For Proposal (RFP) for the Project Study Report (PSR) and Project Report (PR), it is our estimate that the cost of these two documents will be approximately $200,000.00. FISCAL IMPACT: An appropriation of $200,000 is required from Public Facilities Development Impact Fees to fund this Capital Project. Attachments: Resolution No. 96- r:\agdrpt\96\0326\l1579S.res/ajp RESOLU~ON NO. 9~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, PROVIDING FOR THE REQUIRED ULTIMATE RECONSTRUCTION OF SOUTHBOUND RAMPS AT 1-15 AND STATE ROUTE 79S THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, the City of Temecula desires to connect the proposed Western Bypass Corridor to the improvements as proposed at 1-15/79S by the County of Riverside Assessment District 159; and WHEREAS, simultaneous construction will eliminate the need for future removal of portions of the facilities proposed to be constructed at this time by Riverside County; and WHEREAS, City and Caltrans recognize that the proposed interim improvement provides for sub-standard distance between the southbound off-ramp and the proposed Front Street intersection; and WHEREAS, both City and Caltrans recognize that this condition will provide an unacceptable level of service for future traffic demand; and WHEREAS, City and Caltrans both agree that an ultimate improvement must be provided by the City prior to traffic demand exceeding t~ capacity of said interim improvement; and WHEREAS, City is most anxious to proceed with the development of said ultimate improvement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula guarantees to Caltrans and all others concerned that: Section 1. City shall design and construct or cause to be designed and constructed, and ultimate improvement which will provide a satisfactory geometric configuration to handle ultimate traffic demand as agreed to and approved by Caltrans. Section 2. Said ultimate improvement shall be constructed as soon as economically and otherwise feasible, but no later than such time as the above interim improvement is no longer able to satisfactorily handle traffic demand by City and Caltrans Standards. Section 3. Funding of said improvements will be from sources available to the City. AND the City Council of the City of Temecula, California shall authorize the expenditure of necessary funds to complete the design and construction of this project as funds become available. r:\agdrpt\96\O326\l1579S.res/ajp PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 261h day of March, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96-__ was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 261h day of March, 1996, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: r:\agdrpt\96\0326\l 1579S .res/ejp ITEM 11 TO: FROM: DATE: SUBJECT: APPROVAL ~E~~~, CITY ATTORNEY FINANCE DIRE T CITY MANAG CITY OF TEMECULA AGENDA REPORT City Council/City Manager  -'~Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 California Office of Emergency Services Hazard Mitigation Grant Program for the 1995 Winter Storms PREPARED BY: Steven W. Cresswell, Principal Engineer ~Jim D. Faul, Assistant Engineer RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 96-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO AUTHORIZE THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS. BACKGROUND: In an effort to reduce repetitive disaster costs, the federal government adopted the Hazard Mitigation Grant Program (HMGP) that is designed to implement effective mitigation measures in flood prone areas of a community. The HMGP funds are available, through the California Office of Emergency Services, for eligible applicants in communities that were declared federal disaster areas following the Winter Storms and Late Winter Storms of 1995. The City of Temecula is applying for HMGP funds for two (2) projects within the city. The first project is the Sports Park Creek Restoration for which a matching fund of $212,430 is being requested. This project is currently under design, Project No. PW95-10CSD,and funded by the Development Impact Fee fund and a Department of California Water Resources Grant. The HMGP funds, if received, could assist in offsetting City funds earmarked for this project. The Sports Park Creek Restoration project includes excavating silt material deposited in the channel from recurring storms, repairing eroded slopes, providing slope stabilization (benching, walls) and slope protection (restore vegetation), and installing catch basins and pipes in adjacent low spots to reduce flooding potential. r:\agdrpt\96~0326~oe6hazmi.res The other project is the Old Town Storm Drainage Improvements for which a matching fund of (;214,973 is being requested. Although this project is slated to be funded by the Redevelopmerit Agency Fund, the HMGP funds could assist in offsetting City funds earmarked for this project. The Old Town Storm Drainage Improvements project includes the installation of underground storm drainage facilities from existing pipes that cross under Interstate 15 (1- 15) that outlet at First Street, Third Street, Fourth Street, and Sixth Street and extending the proposed storm drainage facilities to Murrieta Creek. FISCAL IMPACT: None. ATTACHMENTS: 1. Resolution No. 96- r:\agdrpt\96\0326\oesh~zrni.rel RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALI?ORNIA, TO AUTHORIZE THE CITY MANAGER TO SIGN, ON BEHALF OF THE CITY, THE HAZARD MITIGATION GRANT PROGRAM APPLICATION AND ANY ANCILLARY APPLICATION DOCUMENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WItEREAS, the federal government has adopted the Hazard Mitigation Grant Program. WHEREAS, the Hazard Mitigation Grant Program application requires that an authorized representative sign on behalf of the City of Temecula. WHEREAS, the City desires to apply for the Hazard Mitigation Grant Program funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. That the City of Temecula authorizes the City Manager to sign, on behalf of the City, the Hazard Mitigation Grant Program application and any ancillary application documents. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 26th day of March, 1996. Karel F. Lindemans, Mayor -3- r:XagdrptX96~O326\oeshazmi.re= ITEM 12 APPROVAL CITY ATTORNEY I CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: City Council/City Manager  Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 SUBJECT: "No Parking" Zones on Bedford Court PREPARED BY: Martin C. Lauber, Traffic Engineer RECOMMENDATION: The Public/Traffic Safety Commission recommends that the City Council adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON BEDFORD COURT SOUTH OF STATE ROUTE 79(S) BACKGROUND: On January 22, 1996, the Traffic Division of the Department of Public Works received a proposal to implement pavement striping on Bedford Court. The proposed striping would clearly designate inbound and outbound travel lanes and separate right and left turns approaching State Route 79(S). In order to properly facilitate this plan, parking must be restricted near the intersection of Bedford Court and State Route 79(S). The project proponent (property owner) is requesting a complete removal of all parking on Bedford Court. They have indicated that sufficient off- street parking is provided and most of the parked vehicles are not using the center and are restricting travel along this short cul~de-sac. On February 22, 1996, the Public Traffic Safety Commission voted unanimously to support the parking restriction on the entire length of Bedford Court. Staff also supports the proposed restriction which will enhance safety for all users. t:.~agdtT,t',96',O326~noplr~f. agn/d~ FISCAL IMPACT: Funds are available in the Department of Public Works Striping/Stenciling account No. 100- 164-601-5410. Attachments: 1. Resolution No. 96- 2. Location Map 3. Letter from adjacent property owner, Terraton Corporation 4. Exhibit "A" - Proposed Striping Plan RESOLUTION NO. 9~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON BEDFORD COURT SOUTH OF STATE ROUTE 79(S) The City Council of the City of Temecula does resolve, determine and order as follows: Section 1. Pursuant to Section 10.16,160, of the Temecula Municipal Code, "No Parking" zones are hereby established in the City of Temecula on Bedford Court south of State Route 79(S). Section 2. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOFrED, by the City Council of the City of Temecula at a regular meeting held on the 26th day of March, 1996. AITEST: Karel F. Lindemans, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, hereby do certify that the foregoing Resolution No. 96-__ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 261h day of March, 1996 by the following roll call vote: AYES: NOES: 0 ABSTAIN: 0 ABSENT: 0 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk r.~ldrpt\96XO326Xaop~lmlLs~/rh IERRAION Corporation sg-ss4s P. O, Box 2159 Escondido, California 92033-2159 270 Wee Second Avenue, Suite B, Escondido. Calitorma 92025 RECE!VE · JAN 3 0 1996 CiTY OF TEi~E',-L;: .'~ ENGINEERING DEPART;,,:: January 25, !996 Hartin Lauber CIty of Temecula 4317~ Business Park Temecula, CA 92590 Drive RE: RED-CURBING/NO PARKING ON BEDFORD COURT Dear Mr. Lauber: Tamprid Properties, Ltd. hereby formally requests that Bedford Court be red-lined and/or posted "NO PARKING",along the entire curb length of the street. We request this action immediately for the following reasons: Commuters are using the court for a "Park and Ride" facility. Parking on Bedford Court creates unsafe conditions because of the traffic volume to Par Crest Plaza,- making ingress and egress from the center visually. obstructed and therefor dangerous for customers. Parking on Bedford Court creates unsafe conditions for vehicles entering the Mobil Oil station on Lot 1. Parking on Bedford Court creates unsafe conditions for traffic in a stacking pattern waiting to enter Highway 79 South. Parking on Bedford Court creates the false illusion that there is no parking in the Par Crest center, thereby discouraging potential customers from entering the Center parking lots. Bedford Court parking is dangerous to moving traffic because of the difficult maneuvers required to park. Tomond Properties, Ltd. 21592. These parcels Court on all sides. is the owner of Parcels I - 4 of Parcel Map encompass the entire frontage of Bedford Z~ you have any ques%~ons, please do no% hesi~ace :o :e]egnome. Thank you for your very promp~ attention ~o this ma~%er. Very ~ruly yours, TONOND PROPERTZES, LTD. Jahn C. Raymond ~res~den% Tetraton Corporat. ion, General Partner JCR/alc cc: 'Harkham & Associates IERRAION NORTH BEDFORD GOUAT Proposed Striping Plan ITEM 13 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY FINANCE DIREC ~ '- CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager 2-JM seph Kicak, Director of Public Works/City Engineer arch 26, 1996 Release Grading bond for Tracts No. 23125-1,2, 3, and F. (Northeast corner at Butterfield Stage Road at De Portola Road) PREPARED BY:,///-~teven W. Cresswell, Principal Engineer /~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE release of the Grading Bond for Tracts No. 23125-1,2, 3, and F, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 28, 1993, the City Council approved Tract Map No. 23125-1, and entered into subdivision agreements with: The Toman Company, Inc. 18002 Skypark Circle Irvine, CA 92714 for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. The Toman Company, Inc. sold the property subsequent to recording the tract map. The new developer for the subdivision is: Kaufman and Broad of San Diego, Inc. 12626 High Bluff Drive,//400 San Diego, Ca 92130 The new developer submitted replacement agreements and securities for the contractual work which were accepted and approved by the City Council on November 15, 1994. The substituted securities are bonds posted by American Casualty Company of Reading, Pennsylvania (AMCAS) and/or The American insurance Company (AIC). Prior to that City Council action, a grading bond and an Increase Rider were posted by The American Casualty Company of Reading, PA and The American Insurance Company as Co-Surety, covering all of tentative Tract Map No. 23125, as follows: Bonds No. 124304084and 11119298591 in the total amount of $1,534,190.00for grading purposes. Public Works Staff has inspected the grading, has received certification that the grading conforms to the approved grading plan, and has received geotechnical evidence and reports that the compaction meets requisite standards. Therefore Staff recommends that City Council authorize the release of the subject grading bonds. On January 23, 1996,the City Council accepted the public improvements in Tract No 23125- 1 only, reduced the Faithful Performance bonds to the ten-percent warranty level, initiated the one-year warranty period, and released the Subdivision Monumentation bond. At that time, several streets were accepted into the City Maintained-Street System by Resolution No. 96-06. These streets are Calle Morita, Via Chapparo, and a portion of Via Sabino. FISCAL IMPACT: None Attachment: Location Map r:Xagd/Vl\96~O326\tr23125g.rad/akc PROJECT SITE, ~ p: ~os~-~ rn -1 ~_~E P~'ro~ Ro~9 f TRACTS NO. 23125-1, 2, 3, & F Location Map NOT TO SCALE ITEM 14 TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager APPROVAL CITY ATTORNEY Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 Reduce Faithful Performance Bond Amounts in Tract No. 24132-F (Southwesterly of intersection of Pauba Road at Meadows Parkway) PREPARED BY://~k'Steven W. Cresswell, Principal Engineer /e~ Albert K. Crisp, Permit Engineer RECOMMENDATION: That the City Council AUTHORIZE a fifty percent reduction in Faithful Performance Street, Drainage, Water and Sewer Improvements bond amounts in Tract No. 24132-F, and DIRECT the City Clerk to so advise the Developer and Sureties. BACKGROUND: On December 4, 1990, the City Council approved Tract Map No. 24132-F, and entered into subdivision agreements with: Bedford Development Co., c/o Mesa Homes for the improvement of streets and drainage, installation of sewer and water systems, and subdivision monumentation. Bedford Development Co. sold the property subsequent to recording the tract map. The new developer for the subdivision is: Centex Real Estate Corporation 2280 Wardlow Circle, Ste 270 Corona, CA 91720 The City Council accepted replacement agreements and securities for the contractual work on September 26, 1995. The substituted securities are bonds posted by the American Insurance Company as follows: Bond No. 111 4155 1892 in the total amount of $1,279,000 ($875,000, $205,000, and $199,000, respectively, for streets and drainage, water system, and sewer system) to cover faithful performance, r:\adgrpt\96\O326\tr24132f.red Bond No. 111 4155 1892 in the total amount of $639,500 ($437,500, $102,500,and $99,500, respectively, for streets and drainage, water system, and sewer systems) to cover labor and materials. 3. Bond No. 111 2727 2687 in the amount of $21,700 to cover subdivision monumentation. The developer has requested a fifty-percent reduction in the faithful performance bond amounts. The Eastern Municipal and Rancho California Water Districts concur that sufficient security will remain with this reduction to complete the work and provide the requisite ten- percent warranty amount. City Staff has reviewed the project and concurs that sufficient reserve in bond amount will remain for both remaining work and the requisite warranty amount. Therefore the bond amount is recommended to be reduced to the following amount: Street, Drainage, Water & Sewer Faithful Performance Bond Amount = ($437,500, $102,500, and $99,500, respectively, for Streets and Drainage, Water System, and Sewer System) $639,500 The Labor and Material bond amounts will be retained at their full value until the City Council accepts the improvements and the contractual 6-month lien period expires. The affected streets, although not completed or accepted, are Camino Alagon, Via Bonilla, Via Deanda, Corte Carmona, Cala Torrente, and portions of Pauba Road, Meadows Parkway, McCabe Drive, and Calle Marquis. FISCAL IMPACT: None Attachment: Location Map r:\adgrpt%96\O326%tr24132f.red / VICINITy MAP NOT TO SCALE TRACT NO. 24132-F Location Map ITEM 15 TO: FROM: DATE: SUBJECT: APPROVAL RyO~ CITY ATTORNEY FINANCE DIREC O CITY MANAGE CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 Acceptance of Public Streets into the City Maintained-Street System (Within Tracts No. 13060-3,and 13060-8) (Southerly of the intersection of Pala Road at Rainbow Canyon Road) PREPARED BY:,/~,-' Steven W. Cresswell, Principal Engineer ~ Albert K. Crisp, Permit Engineer RECOMMENDATION: City Council adopt a resolution entitled: RESOLUTION NO. 96--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 13060-3 AND 13060-8) BACKGROUND: The Riverside County Board of Supervisors approved Tract Map No. 13060-3 on November 15, 1983, and Tract Map No. 13060-8 on November 22, 1983, and entered into subdivision agreements with Kacor Development Company which acquired title as Kacor Realty Inc., a California Corporation, for street, water and sewer improvements. Riverside County accepted the public improvements in Tract No. 13060-3 on September 2, 1988, and released warranty bonds on January 31, 1990. The public improvements in Tract No. 13060-8 were accepted on September 27, 1988, and the warranty bonds were subsequently released on February 7, 1990. The following public streets are recommended for acceptance: Tract No. 13060-3: Portions of Clubhouse Drive, Olympic Way, and Creekside Way. Tract No. 13060-8: Doral Court, Open Circle, Greenway Circle, Bridgeview Circle, Wailea Court, and a portion of Creekside Way. A portion of Rainbow Canyon Road falls within the tract boundary but was a part of the County Maintained-Road System prior to City incorporation, and became part of the City Maintained-Street System by SUCCeSSiOn. r:\agdrpt\96~0326\tr130608,ml$ FISCAL IMPACT: Periodic surface and/or structural maintenance will be required every 5 to 8 years. Attachments: Resolution No. 96- with Exhibits "A-B", inclusive. r:~agdrpt%96\O326~tr130608,m$$ RESOLUTION NO. 96-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACTS NO. 13050-3 AND 130~0-8) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: WHEREAS, The County of Riverside accepted an offer of dedication of certain lots for public road and public utility purposes made by Kacor Development Company which acquired title as Kacor Realty, Inc., a California Corporation, with the recordation of Tract Maps No. 13060-3 and 13060-8: and, WHEREAS, The County of Riverside accepted the improvements within Tract No. 13060-3 as complete on September 2, 1988, and within Tract No. 13060-8 as complete on September 27, 1988. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula hereby accepts into the City Maintained-Street System those streets or portions of streets offered to and accepted by the County of Riverside described in Exhibits "A" and "B" attached hereto. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula at a regular meeting held on the 261h day of March, 1996. ATTEST: Karel F. Lindemans, Mayor June S. Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) S$ I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 96- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 261h day of March, 1996, by the following vote: AYES: 0 NOES: 0 ABSENT: 0 ABSTAIN: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: r:\agdrpt\96\O326\tr130608.mss EXHIBIT 'sA" TO RESOLUTION NO. 96.- Accepting the public streets offered to and accepted by the County of Riverside as indicated on Tract Maps No. 13060.3 and 13060.8, and accepting subject public streets into the City Maintained-Street System as described below: 1. Those lots described as Lots "A" through "C" inclusive as shown on Tract Map No. 13060-3, fded 28 November 1983, in Book 135 of Maps, Pgs 75-78 Ind., further described as follows: Lot "A" Lot "B" Lot "C" Portion of Clubhouse Drive Portion of Olympic Way Portion of Creekside Way 2. Those lots described as Lots "A" through "G" inclusive, as shown on Tract Map No. 13060-8, f'ded 28 November 1983, in Book 135 of Maps, Pgs 95-99 Incl., further described as follows: Lot "Ass** Lot "B" Lot "C" Lot "D" Lot "E" Lot "F" LOt "G" Portion of Rainbow Canyon Road Portion of Creekside Way Doral Court WaSlea Court Bridgeview Circle Greenway Circle Open Circle ** Rainbow Canyon Road was part of the County Maintained-Road System prior to City incorporation and became part of the City Maintained-Street System by succession on December 1, 1989. r:\agdrpt\96~O326\tr130608.ross EXHIBIT "B" TO RESOLUTION NO. 96- SUBJECT ACCEPTANCE- PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM AS INDICATED BELOW ~12060:2 \ ~ \ \ \ \ \',~ \ o \ NOTE: MAPS NOT TO SCALE ITEM 16 APPROVAL CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager March 26, 1996 Sister City Funding Request PREPARED BY: Grant M. Yates, Human Resources Administrator RECOMMENDATION: That City Council receive and file this informational report regarding the disbursement of student exchange funds. BACKGROUND: The goal of the Sister Cities Program is to foster and promote cultural and educational exchanges of ideas and people. The Temecula Sister City Association will be sending 11 Temecula students to visit our Sister Cities, namely Voorburg, Holland and Nakayama, Japan. This student exchange, scheduled for April, 1996, is a positive promotion of this goal of the Sister City Program. The FY 1995-96 Sister City line item budget of $8,000 included a $4,000 appropriation for student exchanges. The Temecula Sister City Association is requesting a disbursement of $365 per student, to partially offset the cost of this exchange visit. The cost of this request for 11 students totals $4,015. Because the City Council previously approved this expenditure, this report is only intended to update the City Council on Sister City activities. In addition, it is proposed that the Mayor personally deliver the checks to each of the students, at the April 9th City Council Meeting, before they embark on their exchange trip. FISCAL IMPACT: 5280. Adequate funds for this request are available in account #001-100-999- TEMECULA COMMUNITY SERVICES DISTRICT ITEM 1 3 LandscaDe Maintenance Improvements - TCSD Parks. Slol;)es and Medians 3.1 Approve contract amendment in the amount of $35,000 to California Landscape Maintenance, Inc. to provide repairs and improvements to City parks and medians currently under contract for maintenance through the end of FY 1995-96. 3.2 Approve contract amendment ~n the amount of $34,500 to Excel Landscape, Inc. to provide repairs and improvements to City maintained slope areas currently under contract for maintenance through the end of FY 1995-96. GENERAL MANAGER'S REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT None given. BOARD OF DIRECTORS REPORTS None given. ADJOURNMENT It was moved by Director Lindemans, seconded by Director Ford to adjourn at 8:13 PM to a meeting on March 26, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with President Roberts absent. Ron Roberts, President ATTEST: June S. Greek, CMC, Board Secretary/ City ~!erk Minutes,csd\031296 2 MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT HELD MARCH 12, 1996 A regular meeting of the Temecula Community Services District was called to order at 8:10 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Vice President Jeffrey E Stone presiding. ROLL CALL PRESENT: 4 DIRECTORS: Birdsall, Ford, Lindemans, Stone ABSENT: 1 DIRECTORS: Roberts Also present were General Manager Ronald E. Bradley, General Counsel Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR It was moved by Director Lindemans, seconded by Director Birdsall to approve Consent Calendar Items 1-3. The motion carried as follows: AYES: 4 NOES: 0 ABSENT: 1 Minutes 2 1.1 Approve the minutes of February 13, 1996. 1.2 Approve the minutes of February 27, 1996. Aooroval of 1995-96 Mid-Year Budget Adjustments 2.1 Adopt a resolution entitled: RESOLUTION NO. CSD 96-01 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AMENDING THE FISCAL YEAR 1995-96 ANNUAL OPERATING BUDGETS DIRECTORS: Birdsall, Ford, Lindemans, Stone DIRECTORS: None DIRECTORS: Roberts Minutes.cad\031296 1 ITEM 2 Therefore, staff is recommending the exoneration of the Faithful Performance Bond and the acceptance of the Warranty Bond in the amount $27,300. The Warranty Bond shall be retained for a period of one year from the date of acceptance of the park, or until any claims filed during the warranty period have been settled. Pursuant to the Parkland/Landscape Agreement, the Labor and Materials Bond shall be retained for an additional six months to allow for the settlement of all claims and obligations concerning those persons furnishing labor and materials for this project. FISCAL IMPACT: None. ATTACHMENTS: Vicinity Map Faithful Performance Bond Warranty Bond APPROV CITY ATTORNEY~/~~ DIRECTOR OF FI A CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: March 26, 1996 SUBJECT: PREPARED BY: RECOMMENDATION: Release of Faithful Performance Bond and Acceptance of Warranty Bond for Butterfield Stage Park - Kaufman and Broad of San Diego, Inc. (De Portola Road and Butterfield Stage Road) Beryl Yasinosky, Development Services Analyst That the Board of Directors: Authorize the City Clerk to: Release the Parkland/Landscape Faithful Performance Bond for the construction of Butterfield Stage Park, and 2. Accept a one ( 1 ) year Warranty Bond in the amount of 10% of the original bond. BACKGROUND; On January 24, 1995, the Board of Directors entered into a Parkland/Landscape Agreement with; Kaufman and Broad of San Diego, Inc. 12626 High Bluff Drive #400 San Diego, CA 92130 for the construction of a 2.8 acre neighborhood park within Tract No. 23125-3, currently known as Butterfield Stage Park. Accompanying the agreement were surety bonds issued by American Casualty Company of Reading Pennsylvania and the American Insurance Company, as follows: AMCAS Faithful Performance Bond No. 137714398 in the amount of $136,500. AIC Faithful Performance Bond No. 11133167129in the amount of 9136,500. AMCAS Labor and Materials Bond No. 137714398 in the amount of 968,250. AIC Labor and Materials Bond No. 11133167129in the amount of 968,250. On February 27, 1996, the Board of Directors accepted the dedication of Butterfield Stage Park from Kaufman and Broad and authorized the City Clerk to record the grant deed. The park has been constructed in accordance with the approved plans and specifications to the satisfaction of the TCSD Maintenance Superintendent. BOND NO. 137714398 - AMCAS 11133167129 - AIC CITY OFT'SVLECULA PREMIUM: $1,570.00 PAtKLAND/LANDSCAPE FAITI-IFUL PF_RPO~CE BOND VC.-r~REAS, the City of Temecula, State of California, and Kaufman and Broad of San Diego, inc. (hereinfter designated as "Principal") have entered into an Agreement whereby Prkncipal agrees to install and complete certain parkland Improvements, which said Agr~mcnt, dated January 24, 1995, and identified as Project Public Park in Tract 23~25-3 , iS hereby referred to and made a pan hereof; and WI-~-REAS, Principal is rextuired under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement; **AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA AND THE AMERICAM INSURANCE COMPANY 0 Prm and NOW, TI-~REFOR.E, we the ' cipal ** as surety, a~ held and fLrmly bound unto the City of Temecula, CMifomia, in the penal sum of $ 273,0oo lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and ad,-nln~strators, jointly and severally. The condition of this obligation is such that the obligation sh~/l become null and void if the above-bounded Principal, his or its heirs, executors, adm~nistr'ators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenant, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on his or their pan, to be kept and performed at the time and in the m~--er therein specified, and in all respects according to his or their true intent and me~-~ng, and shall indemnify and save hannle~ the City of Temecula, its offices, agents, and employees, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. L'N WITNESS W'gF.R.EOF, this instrument has been duly executed by the Principal and December 27 Surety above named, on , 19 94 (Seal) (Seal) ~Y COMPANY OF R2ADING, _ · . . , · ty $136 500 //PAMELA L~Ce~B) S ATTOrNEY-IN-FACT SURETY: THE t~ERICAN COMPANY iab' $ STOCKS ATTORNEY-IN-FACT PRINCIPAL UFMAN AND ~/~//~/; C. John Fulb~e~nht~/ Robert Mincer Assistant Secretary (Title) APPROVE. D AS TO FOR1VI: Peter Thorson City A.ttorney As a part of the obligation secured hereby and in addition to the face mount specified therefor, them shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in my judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, attention or addition to the terms of the Agr~ment or to the work to be performed thereunder or the specifications accompanying the sine shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, atteration or addition to the terms of the Age~ment or the work or to the specifications. /// III III /// III III III III III /I/ " I11 II/ 2 Amerlcsn Casualty Comp,ny o! Raiding, Pennsylvlnl, C/VA Ofik:ee,fCNceee, 011nell/ POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Inow All Men bI Iheee Presents, That AMERICAN CASUALTY C~MPA/t'Y OF READING. P~NNSYLVAJ~IA. I corj:~,oral~o~ duly o,;gamzed en~ exittinI under the Ilwl ~4' Ihe ~wealfh ~ Plnns]dvane,I;. end h.lvinI its I~;n¢~,ll ell'(a m the City e~ C1~r. ap. $1aleollrlino~s, does hereby make. consl,tutaandapfx>inf Jean L. W$11cox, Wesle.y R. Oowney, Pamela L. Jacobs, Larry G. 0'Donna11. Individually ~ Los Angeles, California eta True and lawful Att~ney.m. Fad wtth full power end autho~:ty hereb~ conferred to s~ln, Seal atxt axe<uSe in its bahaft bonds, undoreek:his and olher ob, l,la torY inStrumentS ~1 S~mil~r Mture - In UnlimIted Amounts - end to b,nd AMERICAN CASUALTY COMPANY G~- READING. P~NNSY; ~/AHIA thereby as fu~y and to Ihe Mine errant as if S~Ch mStrurr~ntS were s~ened by the truly authorized Ofif. ers 01 AMERICAN CASUALTY COMPAHY OF READING. P~NNSYLVA,NIA and all the acts O/I,l~d Allorney. I)urSuent to the authority hereby l,ven are hereby ratified and confirmed. Th,s Power of AltOmay eS made and ezeKuted pursuant tO and b/authority of L.~e folk)wine By. Law duly addicted by the Board of D~rKfO~'S Of the, Cornpant "Atl|cle eft-[sec~,iion el 0bfilallon. s end Appelnlmenl of AIIorney.in. Facl S.*d~on 2' AppOintment Of AttOtn~y.m.la d The Pres~denl ot V~ce President may. from time to time. ep~olnl b,/written certificJles/ttotne)l. in-fed to act m behalf Of The Company m the axecut,on of pohc~es el insurance. bonds, undertakings and Olher obliiator/instruments of like n/furl SuCh altomaya.re.tad. subled to the I~mital,~ne Set f~lh m Sheet resi>e¢t,ve certeft,,Ites ~ eull'N~'ify, shall have furl power to I~nd the ~pony by their S~ineture and execution ol any Such instruments and to attach the tell gl Ihe Cornpiny thereto The Prlsk:lenl ~' iny Vma Pres,~enl or the Board of D~rectors rn~y I! any tin'4 revoke all ~ ~,.r and authority previously lwen 1o any attorn/y.in. lad.' Th,S P~eter el AttOrne,/~ Silned and s~aled b/lacssm,le under and h the author/ty d the 10Jk)wml Resoluf,on adopted by the D~rKtO~S ~1 the Compeny If a meet,hi duly Called and head on the llth day el NOvember. · 'Resolved. thee Ihe S~gnlture el the Pras,dent Ot a V~CI Pres,denl and the Sell Of Ihe Company may be affixed b/l, lcsimile on any power ol attorney ranted pursuant to ,~ICteNt 2 o/At1~¢le VIOt the By. Laws. end the Signature Of the $e¢rltary ~t In A$$~stanl ,~retarl end the Seal of the ~pany ma be affixed h te$c,'n~l/to any Cadiff. Jle ~t iny I~K:h power, Ind any p~hvlr gt cetleicate bearmI $gc/t faCSimile s~n/ItJres and t~al eheJl I~ vahd end I~ndml on Ihe Company. A~y Such power ~ exKuted end Sealed and eede~ed h cedIltJte so execute~ end Sealed shall. wqh respect to any Ix)~d ot undedakml to wht. h if ~ attached :..onlinve tO be valid and bending on the Stele of IllmOil | ~ AMERICAN CASUALTY COMPANY O~ READING. PENNSYLVANIA J. E. Puffell V~¢i President. e V~¢e-Presidenl el AMERICAN CASUn~L~ COM~A~IY OF READING. PENNSYLVANIA. the tOrporaltOn desu~bed m the which executed the above malrvmant. thee he knows the Sell ~11,1~ Corporation: lhat the Seal affixed to the ;,a=d instrument it Such COrporate SeaL that if wee $o pursuln| Io authority ~ven b/the 8oar00I Detectors Of Mid co~'po~'et~o~l Ind thel he S~lned his name thereto pursuant to like aulhe)rit),. ond acknowledles lame to ~ the act and deed e4 Se~d corporate. %~q.~S ~ A M E R Z C'q STATE OF CALIFORNIA COUNTY OF San Diego On December 28, 1994 , before me, Rosa C. Brown personally appeared John Fulbri~ht and Robert Mincer , t::re,~ui,~ll7 kHu,~n I.o rrr~ (of proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ks/are subscribed to the within instrument and acknowledged to me that,T~_,~Te/they executed the same in ~their authorized capacity(ies), and that byM/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signatur~k,~_.~]. i Titie of Document City of Temecula Parkland/Landscape Faithful Performance Bond ~Dme of Document No. of Pages 7 ~Omer signatures not acknowledged NONE GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY KNO'',t. ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMR,XNY, a Cor!:~oralion incorporaled under the ~aws of New Jersey on February 20. t 846. and redomesdcated In Ihe Slate of Nebraska on June I. 1990. and having its pnncipa~ office in Ihe Cily of Omaha. Nebraska. has made, const iluEed and appointed, and does by lhese prosehis make, conslitule and appoim --~ PAMELA L. STOCKS --- PASADENA CA its true and lawful Attorney(s)-in-Fact. with full power and authority h~eby conferred in iLs name, place and stead. to execute, seal, acknowledge and deliver any and all bonds. undertaking, rccognizancc~ or other vritten obligations in the natur~ thereof ............................... and to bind the Corporation thereby as fully and to the same extent u if such bonds were signed by the President, sealed with the corl~orale seal of the Corporation and duly attested by its Seetotal/, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in thc premlse~, This powe~ or attorney is granted pursuant to Afxiclc VII, Sections 45 a~d 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effccL be herl:unto affixed this 15 t h day of STATE OF CALIFORNIA COUNTY OF M,~,RIN By THE AMERICAN INSURANCE COMPANY OFFICIAL NOTARY SEAL A. KRIEGER Nora W Pubtic -- Cafifomia MARIN COUNTY My Cornre, Exp. MAR 20.1995 CERTIFICATE 1, the undersigned, Resident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a NEBRASKA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTO R NEy remains in full force and has not been revoked; and furthermore thai Arl icle VI I, Sections 45 and 46 I~f I he By-laws of the Corporation, and the Resolution of the Board of Directors; set forth in the Power of Altorney. are now in force. Signed and sea~cd at the Count .. iorMarin. Datedthe 27Ch dayof December . 1994 . 360711-TA-8-93 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .o ~o~ State of California Los Angeles County of OR December 27, 1994 before me, Ruth L. Yates personally appeared Pamela L. Jacobs f~ personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(lea), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent frauduJent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] JNDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S) ~ ATTORNEY-IN-FACT ~___TRUSTEE(S) TITLE(S) [] LIMITED [] GENERAL __ GUARDiAN,'CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERIS REPRESENTING: American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHERTHANNAMEDABQVE @1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmel Ave., PO Box 7184 · Canoga Park, CA 91309-7184 TEV~CLU_A BOND NO. 137714398-M-AMCAS ll133167129-M-AIC WARRANTY BOND Premium included in Performanc Bond WKF. B.EA5, the City of Temecula, State of California (heroinafter dcsignated as "City"), KAUF~LAN AND BROAD OF and SAN DIEGO, INC. 0]ercillaf?~r designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated Parkland Improvements, wh]ch said Agreement, dated JANUARY 24 19 95, and identified as Public Park in Project Tract 23125-3 , is hereby referred to and made a part hereof; and W'KKREAS, Principal is recluixed to warranty the work done under the terms of the Agreement for a period of one (I) year following ae~ptanee thewe, of by City against any defective work or labor done or defective materials furnished, in the mount of ten percent (10%) of the estimated cost of the improvements; **AMERICAN CASUALTY COMPANY OF PFEADING, PENNSYLVANIA AND THE AMERICAN INSURANCE COMPANY NOW, 7'HF. RF. FOR.~, we the Principll and * * asc~ety, axe held and firmly bound unto the City of Temecula, Californ.ia, in the penal sum of $ 27,300. oo lawful money of the United Stales, for the payment of such sum well and truly to be made, we bind ourselves, our haLt's, successors, executors and administxators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the above- bounded Principal, kis or its heirs, executors, adrninlstnttor~, successors, or assign~ shall in a/] things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and any a]teration thereof made as therein provided, on his or their pztrt, to be kept and performed at the time and in the manner therein specified, and in adl respects according to his or their true intent and meaning, and shall indemnify and save ha.tmle,ss the City of Temecula, its officers, agents, and employees, as therein stipulated; otherwise, this CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~,o sge; State of California County of Los Angeles On December 27, 1994 before me, Ruth L. Yates personally appeared Pamela L. Stocks ~ personally known to me - OR - ~ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their _~., signature(s) on the instrument the person(s), or the entity upon beha,f of which the -/"' :-,-"' .'" ~, .="-~,:,s -operson(s) acted, executed the instrument. W~/j..S~a~.~I seal. FNOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMEO BY SIGNER ~ INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT [] PARTNER(S) [] LIMITED [] GENERAL 2 ATTORNEY-iN-FACT [] TRUSTEE(S) .'~ GUARDIAN/CONSERVATOR L~ OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIT'f(IES) The American Insurance Company ~1993 NATIONAL NOTARY ASSOCIATION · 8236 Remrnet Ave., P.O. Box 7184 · Canoga Park, CA 91309-7184 IN W1TNESS W'EEPd~OF, this insmament has been duly executed by the PrincipaJ and Surety above named, on MARCH 5 ,19 96 (Seal) (Seal) ° ICA C SUALTY OMPA READING, 1 C S ATTORNEY-IN-FACT HE AM.ERIC.AN INS RANCE COMPANY 3 65 PA. KAUFMAN AND BRO DIEGO, INC. By: _ By: APPROVED AS TO FORM: Peter Thorson C~ Anomey 3 obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face mount specified therefor, there shall be included costs and reasonable expenses and fees, including 'reasonable attomey's feet, incurred by City in successfully enforcing such obligation, all to be nixed as corn and included in any judgement rendered. The surety hereby stipulates and agrees that no change, exlension of time, alteration or add/lion to the terms of the AF. ement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation5 on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms c~f the Agr=ement or to the work or to ~;e specifications. G'ENEi~L POWFi OF M'rOt~E¥ THE AMERICAN INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That THE AMERICAN INSURANCE COMPANY, a Corporation in¢orporate~ under the laws of the State of New Jers~/on Februar~ 20, 184~. and redome~ticated to the State of Nebraska on June 1, 19~3. and having its pnncipai office in the City of Omaha, State of .... PAMELA L. JACOBS .... be hex~unto affxxe~ this STATE OF CALIFORNIA COUNTY OF MARIN Ont~s ].~t' dayof and to bind the Corporation thereby LS fulJy and to the lame ~xtent u if such benas were signed by the President, sealed with the corporate seA] of the Corporation and d~y attested by its Secretary, hereby ratifyit~ and confirmlne nil Umt the aid Attorncy(s)-in-Faa may do in the premjse~. This power of attorney is granted pursuant to Article VII, Sec~ons 45 and 46 of By-laws of THE AMERICAN INSURANCE COMPANY now in full force and effea. ' ~ YII. AppOintment s~l Altbot~ty of R~ddent ~cn~tt~, Afforney,~h~.Fla ud A4~at~ to/Rtept Lefal Pto~ss a~d Make Appestnffot~. Sec~om 4~. Ap~othtment. The Chairnan of the Board of Directon, the Pv~ldent, Hy Vkk~Pre~dent or any other person tutborLzed by the Bosuxl of lYa~'toel, the Oalrman of the Board of DIreeton, the Prettiest or any Vk~.Preddent my, from time to timt, ap~otht Resident Assistant Secretaries and ARo__-Fael to represent and gt for and on ~aal! of the Corporation and Menu to accept legal p~ and make appea~nc~ for and on behalf of the Costovation. Section d6. AgwthoHly. The authority of such R.-,4dent AssL~amt Secretaries, Atlorneys-~-Fael and Agents shall be as p~bed in the Instrument evidencing their appointment. Any such appointment and all authority granted the~by may be t, voked at any time by the Board of Dis~ton or by any person empowered to make math appointment." This power of attorney is signed and seaJed unde~ Lqd by the authority of the following R~olutinn adopted by the Botrd of Directors of THE A~ERICA.N INSUI~ANCE COMPANY at a meeting duly called and held on the 31 it day of July, 1984, and ~id Re--~iution has not been an~ended or repeaJed: "RESOLVED. that the signature of any Vice-President. A~iittnt Seeterry, and Rexident Assislxnt Secrettry of this Corporation. and the ga] of this Corporation may be affLxed or printed on any power of attorney. on any revocation of any power of attorney, or on any ceni fieate rehting thereto, by facsimile. and any power of attorney. any revocation of any power of.attorney. or certificate beating such facsimile signature or facsimile xe~ sha~l be valid and bi~ding upon the Corporation:' IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPAJqY ha~ causal these pre~ents to be signed by its Vice-President, and its corporate sea] to ]St dayof Jurle . 19 90 . ~ THE AMERICAN INSURANCE COMPANY T,Ino 19 q0 , beforemcpersonallycame R.D. Farnsworth to me known, who, being by me duly sworn, ,41d depose and say: that he is N.~ce-President Of THE AMERICAN INSURANCE COMPANY, the Corporatio~ detc~bed in and which executed the above instrument; that he knows the lea] of said Corporation; that the se~ affixed to the s~jd instrument is such corporate seaJ; that it wts so affixed by order of the Board of Direaon of said Corporation and that he signed his naxne thereto by llke order. IN WI~ WHE~OF, ] have hereunto set my hand and affixed my officlaJ seal, the day and ye.~ herein first above written. OFFICIAL SEAL J. M. VANDEVORT NOTARY PUBLIC. CALIFORNIA Pnhcipal Office in Marin County CER its- ICATE STATE OF CALIFORNIA } COUNTY OF MARIN m. l,theunde~$igned, Re$ide~tAssiitant S~crettryofTHEAMERICANINSUKANCECOMpANy, a NEBRASKA CorpOratiOn. DO HEREBY CERTIFYthat the foregoing and atUtched POWER OF A~K)RNEy t~zmains in fu/l forc~ and has not bo:n revoked; and furthermore that Article VI [, Sections 45 and 46 of the By-inw$ of the Corporat;on, and the Re~olution of the Board of Direc~orx; ~e~ forth in the Power of Attorney, zre now in force. Si~ed and ~cajed at the County of Marin. Dated the · ;:~;~'... 5th hayof }LARCH .19 96 . 360711-TA-6-90 (REV) Ant~icbr~ ~'k~'U~ll.y ~,ompany of Reading, Pennsylvania C'NA For An the ComrnltmenU You MIke' 'ledChicago, Illinois POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presenls, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. a corporahon duty Organ,zeal and exrShng under the laws ot the COmmonwealth of PennSylvama, and hawng its prmcrpal off;ca m the C,ty or Ch;cago and Stateolllhnoss. doeS hereby make. constitute and appoint ~learl L. Wtllcox, Wesley R. Downey, Larry G. 0'Donna11, Jerrt Cotwin, Pamela L. Jacobs, [ndlvldually of Los Angeles, California its true and la~ul Attorney.m-F~wlth full power and authorsty hereby conferred to sign. seal and execute ,n its behalf ~nds undertak,ngs and Other Obhgato~ rostrumants of slider nature - in Unlimited Amounts - and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and Io the Same extent as mf SUCh .nStrumentS were sl£ned by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA and ell the acts of said Attorney pursuant to the authority hereby i,ven are hereby ratified and conlirmed. This Power Of Attorney is made and executed pursuant to and by authority Of the fOlk)winE By. Law duly adopted by the BOard Of D,rectors ol the COmpany "Arllcle V1-E.ecutlon of Oblllalions and Appointment ol Altorney-in-Facl SectK)n 2. Appointment ol Attorney-tn.tact. The President Or Vice President may. from time to emma. appoint by written certfficales attorneys- m-fact to act in behalf of the Company in the execution of policies of insurance, bonds. undertakmis and other obhlatory instruments of hke nature Such attorneys.in.fact. sublace to the liraliaisons set forlh in their respechve cerhhcates of authordy. shalr have full power to b,nd the COmpany by their s~gnature and execution of any such instruments and to attach the seal of the Company thereto The Prescient Or an}, Vmce Pre$mdent or the Board Of D~rector$ may at any hie revoke all power and authority prewously gmven to any attorney-re.fact." Th,s Power of Attorney Is signed and sealed by facsimile under end by the authority of the following Reseluhon adopted by the Beard of Directors of the COmpany at e meet;rig duly Called and held on the ! lth day of November, 1966: '*Resolved. that the signature Ot the President Or a V~ce President and the seal of the COmpany may be affixed by facsimile On any power of attorney granted pursuant to L-.chon 2 of Arhcle VI of the By-Laws. and the signature of the Secretary or an Assestent Secrelary and the seal of the Company may be affixed by fascimile to any carhfiCate of any such power. and any power or cedihCafe bearrag such facs~mde szgnatures and seal shaft be valid and binding On the Company. Any such power SO executed and seated and certified by ced~f~cate SO executed and sealed shall, wsth respect to any bond or undedakmg to which it is attached. contmue to be valid and bidrag on the Company" .used ,h... present. ,c b. S..ned. State of Ilhnois } County of COOk I St AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA On th,s 20th day of August , 19 87 belore me persona)ly came J E Pureell. to me known who. beln b me dul Sworn. did depose and sa * that he resides in the Viiiage of Glenview. State of Ilhnol$. that he ~S a V,ce. Pres.dent of AMERICAN CASUgALTY COMPANY OF READING, PENNSYLVANIA. the corporahon descrsbed ~n the whsch executed the above ~nstrument. that he knows the seal of stud Corporahon; that the seal affixed to the Mid rostrumant ns such corporate seal. that d was so affixed pursuant to authority Ivan by the Board of D,rector$ of s.!~d corporahon and that he s~gned h~s name thereIo pursuant to hie authordy and acknowledges Same to ¢De the acl and deed of sa+d torporabort. CERTIFICATE "~Leshe A. Smilh NOtary Pubhc My Commission Expires November 12, 1990 I, George R. Hobaugh, Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do certify that the Power of Attorney herein above set forth is still In force. and tufher certify that Section 2 of Article VI of the By. Laws of the COmpany and the Resolution of the Board of Directors, set forth In said Pow~'to~ Attorney are still in force. I tests Ony whereof I have hereunto subscribed my name and affixed the seal of the said COmpany this day of r~az'~21 ,19. 96 ,- / ' George R. Hobaui}h AssfiletS'SecretarY 8 23~42 o INV. NO G.59202-A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES MARCH 5, 1996 On before me, RUTH L. YATES, NOTARY PUBLIC O~, PAMELA L. JACOBS personally appeared [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the personi6) whose nameit) is/Bli:subscribed to the within instrument and acknowledged to me that kt~she~ executed the same intlji/her/U!!ir authorized capacity(ii~, and that by !~li/hel/~k.vir signature('~) on ~tt instrument the person(~), or the entity upon behalf of which the personit) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL Though Ihe information below is not required by low, it may prove veloal,~e to bet'sons relying on ~e document and could pievent fraudulent fernoval ano~aaitachment of this torm to andmet document. Description of Attached Document -title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual r'l Corporate Officer Title(s): [] Partner -- [] Limited [] General I~ Attorney-in-Fact [] Trustee [] Guardk~: or Conservator [] Other: Top of thumb here [] Individual [] Corporate Officer 11tie(s): [] Partner -- [] Limited [] General [] Attorney-in-Fact [] Trustee E3 Guardian or Conservator ~ [] Other:. Signer Is Representing: THE AMERICAN INSURANCE COMPANY Signer Is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES MARCH 5, 1996 On personally appeared before me, RUTH L. YATES, NOTARY PUBLIC PAMELA L. JACOBS [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the personS6) whose name(~) is/allsubscribed to the within instrument and acknowledged to me that bL~she~tl,3t~ executed the same inJ:i6/her/ffilNr authorized capacity(i~, and that by Jg~her/t/~Mr signature(X) on the instrument the person(I}), or the entity upon behalf of which the personS) acted, executed the instrument W~d;ffi;;i. OPTIONAL Though the information below is not required by law, It may prove veluabla to person~ relyfng on the document and could prevent fraudulent removal anff,~attachment of ~is fotrn to another docume~L Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: [] Individual [] Corporate Officer Title(s): [] Partner -- [] Limited [] General 5~ Attomey-in-Fact [] Trustee [] Guardian or Conservator ' [] Other: ~ [] Individual [] Corporate Officer 'Title(s): [] Partner -- D Limited [] General [] Attomey-in-Fact [] Trustee [] Guardian or Conservator ~ [] Othen Top of thumb here Signer Is Representing: AMERICAN CASUALTY COMPANY Signer Is Representing: OF READING, PA. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slate of California County ol San Diego OR personally appeared (~ersonally known ;_:)(KATHRYN L. SISKO NOTARY PUBUC - CALIFORNIA {3OMMISSION Ie 1011956 ~ DIEGO QOUNTY 1. . March 8, 1996 before me, Kathryn L, Sisko, Notary Public NAME, TITLE O~: OFFICER - E G. 'JANE DOE NOTARY PUBLIC' Martin Lighterink and Lisa Gordon NAMEIS) OF S~GNER(S) to me - OR - [] proved tb me on the basis of satisfactory evidence to be~-t,he person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(lee), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and(2~~ OPTIONAL Though the data below is not required by law, il may prove valuable to persons relying on the document and could prevent Iraudulent reattachmen| of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER TTTIE(SI [] PARTNER(S) [] LIMITED [] GENERAL [] ATtORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: DESCRIPTION OF A'FFACHED DOCUMENT City of ~emecula Parkland/ Landscape Warranty Bond No. 137714398-M/ll133167129-M TITLEORTYPEOFDOCUMENT NUMBER OF PAGES DATE OFDOCUMENT SIGNER IS REPRESENTING: DEPARTMENTAL REPORT APPROV CITY ATTORNEY FINANCE DIRECRYPROR~ CITY MANAGE CITY OF TEMECULA AGENDA REPORT TO: Board of Directors FROM: Ronald E. Bradley, General Manager DATE: March 26, 1996 SUBJECT: Departmental Report PREPARED BY: ~ Gall L. Zigler, Administrative Secretary Construction of the Parkview Fire Station began on January 3, 1996. Great West Contractors is the general contractor for the project. The project is currently at the foundation stage and concrete is scheduled to be poured in two weeks. The Rancho California Creek Restoration Project bid opening is scheduled for April 11, 1996. Award of Contract will go to City Council on April 23, 1996 and construction will start in May 1996. The City of Temecula and Union for a River Greenbelt Environment (URGE) have received a $50,000 grant toward this project from the California Department of Water Resources and will receive a second $50,000 grant upon completion of the construction. The Rancho California Sports Park Improvement Project is nearing completion of construction. Upon completion, the project will enter a 90 day maintenance period. Staff anticipates this park will be open to the public in July, 1996. The improvements will include parking, picnic facilities, a roller hockey rink, a skateboard facility, restroom/concession building, landscaping and irrigation system. On December 19, 1995, the City Council awarded the construction contract to Mahr Construction for the Sam Hicks Monument Park Improvement Project. A pre-construction meeting was held on February 15, 1996 and construction began February 20, 1996. The project is currently at the foundation stage and the contractor is ready to pour concrete. The Temecula Duck Pond Master Plan was approved by the Community Services Commission on March 11, 1996. Staff will bring the master plan forward to the Board of Directors on April 9, 1996 for approval. Staff is currently considering recommendations by the biologist for treatment and maintenance of the pond to ensure a safe and healthful environment. The local 4-H Club organization completed the successful removal and relocation of a majority of the geese which were located at the pond. Currently, as part of the overall Master Plan, the fencing at this park site is being removed and replaced. The first set of construction documents, for the City Hall and Maintenance Yard Projects, were received on March 15, 1996. The construction documents are currently in plan check and staff anticipates the project will go out to bid April 25, 1996. It is anticipated that these projects will move forward on a similar time table and be completed in the fall, 1996. Construction documents are also being prepared for Margarita Community Park. The first phase of the Master Plan includes parking, lighting, tot lots, picnic facilities, landscaping and irrigation, and pedestrian walkways. The bid will also include additive alternates for a roller hockey rink, tennis courts, and improvements to the adjacent school district baseball fields. Staff will bring forward a recommendation for a joint use agreement between the school district and the City for improvements to and maintenance of the fields. On February 27, 1996, the Community Services District Board of Directors approved the Acquisition Agreement for the Winchester Creek park site. A project design committee will be formed with members of the Community Services Commission, City Council, staff and the public. Staff anticipates this project will be completed in April 1997. On February 27, 1996, the Community Services District Board of Directors approved the Acquisition Agreement for the Temecula Town Center and Rotary Park site. Staff is looking at various human services programs, which will be implemented when the City takes possession of this facility in September, 1996. REDEVELOPMENT AGENCY ITEM 1 2 ~. ×th Street ProDerty Conveyance 2.1 Accept conveyance of the 1.4 acre site at 6th Street and Front Street (APN 922-023-020) and authorize the Executive Director to execute the Certificate of Acceptance on behalf of the Agency, 2.2 Adopt a resolution entitled: RESOLUTION NO. RDA 96-01 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE EXECUTION OF A PROMISSORY NOTE TO THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FC;{ THE ACQUISITION OF CERTAIN PROPERTY The motion carried as follows: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 AGENCY MEMBERS: Ford, Lindemans, Birdsall AGENCY MEMBERS: None AGENCY MEMBERS: Roberts AGENCY MEMBERS: Stone 3 Review and ADDroyal of the 1995-96 Mid-Year Budgets 3.1 Adopt a resolution entitled: RESOLUTION NO. RDA 96-02 A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY AMENDING THE FISCAL ~ ~AR 1995-96 ANNUAL OPERATING BUDGETS AGENCY BUSINESS Agency Member Stone announced a Conflict of Interest on Items 4 and 5, due to property ownership in Old Town and stepped down from the dias during consideration of these matters. 4 Master Plan - Sixth Street Restroom and Parking Project Community Services Director Shawn Nelson presented the staff report. Minutee.rda\031296 -2- 5 AYES: NOES: ABSENT: ABSTAIN: Roger Prend and Eion Davidson for Webb and Associates gave a brief presentation on specifics of the Master Plan. It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation as follows: 4.1 Approve the master plan for the Sixth Street Restroom and Parking Project. 4.2 Authorize staff to release a formal public bid for the 6th Street Restroom and Parking Project. The motion carried as follows: 3 AGENCY MEMBERS: Ford, Lindemans, Birdsall 0 AGENCY MEMBERS: None I AGENCY MEMBERS: Roberts 1 AGENCY MEMBERS: Stone Purchase Agreements for 28534 and 28555 Pujol Street Senior Planner John Meyer presented the staff report. It was moved by Agency Member Lindemans, seconded by Agency Member Ford to approve staff recommendation as follows: 5.1 Adopt a resolution entitled: RESOLUTION NO. RDA 96-03 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28534 PUJOL STREET IN THE CITY OF TEMECULA" 5.2 Adopt a resolution entitled: RESOLUTION NO. RDA 96-04 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ACQUISITION OF CERTAIN REAL PROPERTY LOCATED AT 28555 PUJOL STREET IN THE CITY OF TEMECULA Minutes.rda%031296 -3- The motion carried as follows: AYES: 3 NOES: 0 ABSENT: 1 ABSTAIN: 1 AGENCY MEMBERS: Ford, Lindemans, Birdsall AGENCY MEMBERS: None AGENCY MEMBERS: Roberts AGENCY MEMBERS: Stone EXECUTIVE DIRECTOR REPORT None given. DIRECTOR OF COMMUNITY SERVICES REPORT None given. AGENCY MEMBER'S REPORTS None given. ADJOURNMENT It was moved by Director Stone, seconded by Director Lindemans to adjourn at 8:25 P.M. to a meeting on March 26, 1996.7:00 P.M., Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Agency Member Roberts absent. ATTEST: Ron Roberts. President June S. Greek, CMC, City Clerk/ District Secretary Minutes.rda\031296 -4- AGENDA REPORT: AMENDMENT TO OWNER PARTICIPATION AGREEMENT PAGE 2 BACKGROUND: The Amendment to the Owner Participation Agreement ("Amended Agreement") proposes certain changes in the Owner Participation Agreement ("OPA") between the Redevelopment Agency of the City of Temecula ("Agency") and T.Z.B.G,, Inc. ("Participant") which was approved on August 31, 1995. The changes modify the method of financing for the Western Bypass Corridor, provide for the assignment of responsibility for the design, construction, and installation of certain public improvements to Fluor Daniel, Inc. and provide for the conveyance of Agency-owned property located at 41953 Main Street to the Participant. Further, the Amended Agreement provides a more detailed description of the public improvements to be constructed by the Participant. The proposed amendments are more specifically described as follows: FinancinQ of Western Bvoass Corridor The existing OPA provides for a contribution by the Agency of $5,987,700to the Participant in return for the design, installation, acquisition and construction of certain public improvements. The Amended Agreement calls for the Agency to contribute an additional $1,470,850 to the Participant for the Project in return for the Participant's commitment to add the Western Bypass Corridor to the list of public improvements to be constructed by the Participant. This change reflects a decision made by the City Council/Redevelopment Agency to fund the assessments originally proposed for property owners other than Participant for the construction of the Western Bypass Corridor. The Amended Agreement calls for a total Redevelopment Agency contribution of $7,458,550 in return for the construction of the public improvements itemized on Exhibit 3 of the Amended Agreement. The Participant retains the responsibility for any cost overruns that may occur during the construction of these public improvements. Further if the actual documented cost of construction of the improvements is less than the Agency contribution, Participant shall reimburse the Agency for the difference between the Agency contribution and the actual cost of the improvements. The Agency contribution shall be made only when: (1) the financing for the Entertainment Facilities has closed or the Agency determines that commitments are in place that assure its closing, and (2) the Participant provides guarantees for construction of the public improvements and indemnification from liability. The Participant proposes to finance the public improvements using the proceeds of a tax exempt bond issued by a Community Facilities Financing District and secured by property owned by Participant. Repayment of this debt is solely the responsibility of the Participant; v:Xcit,/mgr~cadmXmna~d.ap~ ITEM 2 TO: FROM: DATE: SUBJECT: APPROVAL ~ CITY ATTORNEY ~ DIRECTOR OF FIN ~- CITY MANAGER REDEVELOPMENT AGENCY AGENDA REPORT City Council and Redevelopment Agency Members Ronald E. Bradley, Executive Director March 26, 1996 Amendment to Owner Participation Agreement by and Between the Redevelopment Agency of the City of Temecula and Temecula Entertainment Valley, Inc. (formerly T.Z.B.G., Inc.) RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 96-.__~c~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BETVVEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA ENTERTAINMENT VALLEY, INC., A CALIFORNIA CORPORATION (FORMERLY KNOWN AS T.Z.B.G., INC.) AS OF MARCH 26, 1996. That the Redevelopment Agency of the City of Temecula adopt a resolution entitled: RESOLUTION NO. 96- I~__~/~ ?Go ~, A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVEI. OPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED AMENDMENT TO THE OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA ENTERTAINMENT VALLEY, INC., A CALIFORNIA CORPORATION (FORMERLY KNOWN AS T.Z.B.G., INC.) AS OF MARCH 26, 1996. As required by Community Redevelopmerit Law, this summary report describes and specifies: The cost of the agreement to the Agency including land acquisition costs, clearance costs, relocation costs, the costs of any improvements to be provided by the Agency and expected interest on any loans or bonds to finance the agreement. The estimated value of the property interest to be conveyed, determined at the highest and best uses permitted under the redevelopment plan. The estimated value of the interest to be conveyed, determined at the use and with the conditions, covenants, and development costs required by the sale. If the sale price is less than the fair market value of the interest to be conveyed, determined at the highest and best use consistent with the redevelopment plan, then the Agency shall provide as part of the summary an explanation of the reasons for the difference. An explanation of why the sale of the property will assist in the elimination of blight. -2- AGENDA REPORT: AMENDMENT TO OWNER PARTICIPATION AGREEMENT PAGE 3 neither the Agency nor the City have any financial responsibility for the financing. Assianment to Fluor Daniel The Amended Agreement entitles the Participant to assign their obligation to construct public improvements to Fluor Daniel. Acauisition of First Street Extension Property The Community Facilities District will acquire land to provide the necessary right of way for the extension of First Street; all acquisition, relocation, and third party contract expenses in connection with the acquisition and relocation shall be paid by the Community Facilities District. Conveyance of Main Street Prooertv The Amended Agreement provides for the conveyance of Agency-owned property located at 41943 Main Street to the Participant. The property will be conveyed for the sum of $98,484 plus interest on that amount from the date of the City purchase of the property until its conveyance to Participant. This conveyance price is more than the appraised value of the site and is established at an amount which will return to the City/Agency all expenses in connection with the purchase of the property from Ed & Kathleen Dool. A 33433 Summary Report as required by law for the sale of Agency property is attached to this report along with a copy of the August 31, 1995 OPA and the proposed Amended Agreement. FISCAL IMPACT: Funds for the Agency's contribution in return for construction of public improvements in the amount of $7,458,550are available in the Redevelopment Agency Capital Improvement Fund. ATTACHMENTS: Summary Report 33433 Owner Participation Agreement dated August 31, 1995 Amendment to Owner Participation Agreement period from May 4, 1995 to the date of conveyance. This mount exceeds the appraised fair market value of the property and results in the Agency recovering all costs of the acquisition of the property. The conveyance date will be concurrent with the contribution of Agency funds for the Project and contingent on the same conditions. The conveyance price is not less than the fair market value of the property interest determined at the highest and best uses consistent with the redeve~opment plan. The Conveyance of the Property will assist in the Elimination of Blight The conveyance of this pwperty to Participant will assist in the elimination of blight in the redevelopment project area in that the Project will: Provide a broad range of public service infrastructure improvements to · induce private investment in the Old Town area (as defined in the Old Town Specific Plan); Promote the preservation and enhancement of the Old Town area in accordance with the goals and objectives of the Old Town Specific Plan; -4- SUMMARY REPORT PURSUANT TO SECTION 33433 OF THE CALIFORNIA COMMUNITY I~F-r~EVELOPlvfENT LAW REGARDING THE SAL~ OF PROPERTY UNDER TERMS OF AN AMENDED OWNER PARTICIPATION AGR~-MENT BY AND BET~VI~EN THE R~-r~EVELOPMENT AGENCY OF THE CITY OF TEMECULA AND TEMECULA ENTEETAINMENT VALLEY, INC. (A CALIFORNIA CORPORATION). VrRODUCnON This summary report has been prepared for the Temecula Redevelopmeat Agency ("Agency") pursuant to Section 33433 of the California Health and Safety Code. This report provides details about the conveyance of Agency-owned property to the Participant as required by the proposed Amendment to Owner Participation Agreement (*Amended Agreement") between the Agency and Temeeula Entertainment Valley, Inc. (formerly known as T.Z.B.G., Inc.) (the "Participant"). This summary report and the proposed Amended Agreement have been made available for public inspection at the time of the first publication of the Notice of Hearing for the Amended Agreement. LEGAL REQUIREMENTS The Amended Agreement requires Agency-owned property located at 41953 Main Street to be conveyed to the Participant for inclusion in the Old Town Entertainment Project (the "Project"). -1- ACQUISITION BY AGENCY AND CONVEYANCE TO PARTICIPANT A. Cost to the Agency The acquisition cost of the subject property was $98,484 which consisted of a purchase price of $85,000 plus closing costs of $13,484 representing payment of costs incurred by the previous owner in connection with development of the property. Therc will be no clearance costs, relocation costs, or costs of improvements. Interest on funds used to acquire the property will be accrued at the Local Agency Investment Fund rate (curren~y 5.843%) between the date of acquisition, May 4, 1995, and thc date of conveyance. Estimated Value Established by Appraisal The estimated value of the property interest to be conveyed, determined at the highest and best uses permitted under the redevelopment plan was established by an MAI appraisal at a range of from $85,000 to $90,000. Value for Which Proper~ will be Conveyed The estimated value of the property to be conveyed determined at the use and with the conditions, covenants and development costs required by the sale is $85,000 to $90,000. The price the Agency will receive for the property is $98,484, which represents recovery of all costs incurred by the Agency in connection with the purchase of the property, plus interest on the City investment of $98,484 at the Local Agency Investment Fund rate for the -3- ARTICLE I Section 1.1 Section 1.2 Section 1.3 Section 1.4 A. B. Section 1.5 Section 1.6 ARTICLE H Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Section 2.9 ARTICLE 111 Section 3.1 TABLE OF CONTENTS 316992 PAG SURIECT OF AGI~.RMENT ........................ lh.u~se of Agreement The Redevelopment Plan The Site .................................... Parties to the Agreement .......................... The Agency ................................. The Participant ................................ Prohibition Against Change in Participantship, Management and Control of Participant .................. Contract Document-~ ............................. DEVELOPMENT OF TIlE SITE ..................... Scope of Development ............................ Consn'uction Schedule ............................ Project Parking Facilities .......................... Indemnity and Insurance ......................... City and Other Governmental Agency Permits ............. Local, State and Federal Laws ...................... Antidiscrimination During Consl~'uction ................. Taxes, Assessments, Encumbrances and Liens ............. Certificate of Completion ......................... 2 .......................... 2 .......................... 3 3 4 4 4 4 5 5 5 6 6. 6 8 8 8 9 9 USE OF THE SITE ............................. 10 Uses ...................................... 10 LAX~:I26427.9 Fm~: August Promote the expansion of the Project area's commercial base and provide local employment opportunities to provide jobs for the area; Assist the continued development of the Old Town area as a tourist destination and enhancement of the tourist industry as a major force within the community; and Encourage and provide for development of vacant properlies and replacement of the older nonhistorical retail buildings which typify the blighted conditions which exist in the Project area. Completing the redevelopment of the site as proposed by this Amended OPA will also assist in eliminating blight in the Project area by generating new employment opportunities in the Project area. RECORDED AT REQUI AND WHEN RECORDED R~TURN TO: June Greek Secretary OF Redevelopment Agency of the City of Temecula 43174 Business Park Drive Temecula, California 92590 ~ FROM RECORDER'S pursuant to Government Code Sections 6103 and 27383 316992 REGE|VED FOR REP,,,ORD AT e.~)e O'CLCX;K SEP 11 5 1995 OWNER PARTICIPATION AGI~..~IENT by and between the ]~T~EVI~IOP1VIENT AGENCY OF ~ CITY OF TEMECULA and T.Z.B.G., INC. A Californln Corporation DATED AUGUST 31, 1995 OLD TOWN EN'I'~aRTAIN1V~NT CEN'i'i~R PROIECT TE1VIF_EULA I~FI3EVELOPIVIENT PROIF_ET AREA 1988-1 LAX2:I26427.9 Section 1.2 The _ .edevelopment Plsn 316992 The Redevelopmerit Plan ("Plan") was approved by Orclin~nnce No. 658 of the Board of Supervisors of Riverside County on July 12, 1988, prior to incorporation of the City of Temecnla. Pursuant to City Ordinance No. 91-11, which became effective M~y 9, 1991, and City Ordinance No. 91-15, which became effective April 9, 1991, the City approved the Plan. Said Ordinances had the effect of adopting the Plan and Iransferring jurisdiction over said Plan to the Agency, as of july 1, 1991. Pursuant to Ordinance No. 93-04 and 94-03, Ordinance No. 91-11 was codified at Section 8.04.010 of the Temecula Municipal Cede. The Plan was amended by Ordinance No. 94-33, adopted on ~__ember 20, 1994. Section 1.3 The Site A. The real property to be redeveloped pursuant to this Agreement (the "Site") consists of two components. The first component of the Site consists of the Old Town Area which is that area designated as "Tourist Core Retail" on Exhibit 1, Proposed Land Use Districts Map, of the OM Town Specific Plan, approved by Ordinance No. 94-05 of the City Council of the City of Temecula on February 22, 1994, which is on file in the Office of the City Clerk. The second component of the Site is the Westside Area which is generally located southwesterly of the Old Town Area and which is specificatly described on the Study Area Map, of the Westside Specific PL~'~, approved by Ordinance No. 95-08 of the City Council of the City of Temecula cn June 27, 1995, which is on file in the Office of the City Clerk. B. The Site consists of those Properlies within the component areas owned by the Participant and which will be specifically described and dopieted on Exhibit No. 1 and Exhibit No. 2. The Participant curren~y has an option to purchase certain properties in the Old Town Area which will comprise a portion of the Site when the acquisitions are complete. Both parties acknowledge that the terms of this Agreement shall apply only to such properties as ar~ acquired by Participant. The Executive Director is hereby authorized and directed to enter into amendments to this Owner Participation Agreement which add specific properties to the component areas of the Site which Participant may subsequen~y acquire. C. The Old Town Area of the Site is located within the Project Area. The Agency finds that the Westside Area of the Site is located just outside the Project Area and will be physically and economically intc-sta~ed into that portion of the Project located on the Old Town Area of the Site. The We~de Area will be within Survey Area for possible inclusion into the Project Area Section 1.4 Parties to the Aereement A. The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law of the State of California (Section 33000, et see., Health and Safety Cede; hereafter "Act*). The principal office of the Agency is located at 43174 Business Park Drive, Temecula, California 92590. LAX2:I2~427.9 rma~ augnat ts, 199s -3- Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Section 3.9 Section 3.10 ARTICLE IV Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 ARTICLE V Section 5.1 Section 5.2 Pro~ . Name to Include "Old Town Temec..,;" 31G992 Advertising of General Events ...................... 10 Programming for Entertainment Facilities ............... 10 Rent Free Availability of Entertainment Facilities to Certain City Non-Profit Groups .................... 10 Entertainment Facilities to Provide Educational Component .................................. 10 Entrxtainment Facilities ltring Policies ................. 11 Old Town Festival Square ......................... 11 Agency Guidelines for Consideration of Other Entmainment Related Facilities ..................... 11 Covenants for Non-Discrimination .................... 12 Continuation of Covenants ......................... 13 FINANCING OF PUBLIC IMPROVEMENTS AND PAY'b4~NTS TO AGENCY .................... 14 Responsibilities For Financing Entertainment Facilities and Public Improvements ................... 14 Cons~'uction of Public Improvements by Participant ......... 14 Western Bypass Assessment District ................... 16 Relocation of Persons Displaced by the Project ............ 16 User Charge Upon Tickets Sold ..................... 16 Participant Payment of Costs of Increased City Services Resul~ng From the Project ................... 17 Reimbursement of Participant and Agency Costs Incurred Prior to Close of Financing .................. 19 GENERAL PROVISIONS .......................... 19 Notices, Demands and Communications Among the Parties .................................. 19 Conflicts of Interest ............................. 19 316992 such term shall include ah, jther lawful suc_~_ssor~ in inmr~.st anc, ..ssigns of Participant and any assignees approved by the Agency. D. Agency my tnminate this Agreement pursuant to Section 6.7 if Participant violates the terms of this Section. Section 1.6 Contract Documents The Contract Documents which are pan of this Agreement, and each of which are incorporated heroin by this reference, are a~ follows: Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Site Map Legal Description of Site Description of Pu~iic Improvements Form of Certificate of Completion ARTICLE H DEV~I ol, lvtl~rr OF THR SITE Section 2.1 Seooe of DeveloPment A. The Project consists of two components - the *Entertainment Facilities' and the 'Public Improvements.* 1. As used in this Agreement the *Entertainment Facilities' means the land acquisition, design and construction of the following: (1) The Open House; (2) Wild West Arena; (3) virtual reality theam; (4) cabaret/phyhouse theaters; (5) 'quick draw* and indoor/outdoor exhibitions; (6) resmunnts; C/) theme rehted l~t~i|; (8) Old Town Festival Square, and (9) parking facilities. These descriptions are for the purpose of defining those portions of the Project for which Participant shall have responsibility for land acquisition, financing, design and construction as more specifically set forth in this Agreement. Participant shall have the right to rename these components of the Project for marketing purposes. The parties shall continue to negotiate to determine the extent to which the parking facilities may be made available to the general public. 2. As used in this Agreement the *Public Improvements' means the land acquisition, design and the consU'uction, expansion or renovation of the following: (1) Renovation and expansion of the Old Town First Street Bridge; (2) Old Town Gateway Landscaping; (3) Old Town Demonstration Block, including the Front Street repairs/upgrades, Front Street reconstruction, miscellaneous street improvements; (4) Old Town Sewer Improvements; (5) Old Town Water Improvements; and (6') Old Town Storm drain improvements. LAX2:I2~27.9 Fssd: AuSma 1.~, 1995 O ,~I~R PARTICIPATION AGI~REM~ . ~T 316992 T!tI.~ OWNER PARTICIPATION AG1H~-I;IMENT is entered into by and between the IH~r~EVI~I OPMR-NT AGENCY OF ~ CITY OF TEMECULA (the "Agency") and T.Z.B.G., INC., a r'-nlifornia Corporation (the 'Participant') and is dated and effective as of August 31, 1995. In consideration of the mutual covenants and agreements contained herein, the Agency and the Participant hereby agree as follows: ARTICLE I SUBJECT OF AG]RF-~IENT Section 1.1 Purpose of Agreement A. The purpose of this Agreement is to effectuate the Redevelopment Plan for the Temecula Redevelopment Project Area 1988-I (hereinafter "Plan") by providing for the redevelopment of cenain propeny, hereafter defined in Section 1.3 and referred to as the Site, in accordance with the Plan. The Plan designates certain properties to which it applies, hereafter known as the *Project Area. * B. This Agreement is entered into for the purpose of redeve, loping the Site and not for speculation in land holding. C. Completing the redevelopment on the Site pursuant to this Agreement is in the vital and best interest of the community served by the Redevelopment Agency of the City of Temecuh and the health, safety, and welfare of the community, and is in accord with the public purposes and pwvisions of all applicable State and local hws. D. Completing the redevelopment of this Site pursuant to this Agreement will assist in the elimination of blight in the Projea Area as identified in the proceedings establishing the Project Area in that the Project will: (1) provide a broad range of public service infrastructure improvements to induce private investment in the Old Town Area (as defined in the Old Town Specific Plan); (2) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Old Town Specific Plan; (3) promote the e~pansion of the Project Area's commercial base and local employment opportunities to provide jobs for the area; (4) assist in the continued development of the Old Town Area as a tourist destination and enhancement of the tourist industry as a major force within the community; (5) encourage and provide for development of vacant properties and ~placement of the older non-historical retail buildings which typify the blight conditions which exist in the Project Area. Completing the redevelopment of the Site as proposed will also assist in eliminating blight in the Project Area by generating new employment opportunities and development opportunities in the Project Area. E. This Agreement pertains to and effects the ability of the Agency to finance its statutory obligations and for all parties to finance and carry out the purposes of this Agreement and the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. parking needs of the Entertainment Facilities. All parking revenues from the parking constructed as pan of the Entertainment Facilities shall be the property of the Participant. 316992 Section 2.4 lndemnitv and Insurance A. The Participant shall defend, indemnify, assume all responsibility for and hold the Agency and the City, and their respective elected and appointed officers and employees, harmless from all costs (including reasonable attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to propony and injuries to persons, including death, which may be caused by any of the Participant's activities under this Agreement, whether such activities or performance thereof be by the Participant or anyone directly employed or contracted with by the Participant and whether such damage shall accrue or be discovered before or after termination of this Agreement; provided, however that the Participant shall not be required to indemnify or hold Agency harmless for injuries resulting from the negligence or wilful misconduct of the Agency, its elected or appointed officials, and employees. This indemnity includes, but is not limited to, any repair, cleanup, remediation, detoxi~cation, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any ha-~rdous substance or haT~rdous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act ["CERCLA"; 42 U.S.C. Section 9601, et sea.], the Resource Conservation and Recovery Act ["RCRA"; 42 U.S.C. Section 6901 et sea_.] and California Health and Safety Code Section Code Section 25280 et sea_. at any place where Participant owns or has control of real property pursuant to any of Participant's activities under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107 (e) of CERCLA and California Health and Safety Code Section 25364 to assure, protect, hold harmless and indemnify Agency from liability. In the event an assignment has been duly made pursuant to the provisions of Section 1.5 of this Agreement, the Assignor shall not be required to indemnify the Agency for acts or omissions which occur following the date of the assignment which are not committed or omitted by the assignor. B. The Agency shall defend, indemnify, assume all responsibility for and hold the Participant, and its respective officers and employees, harmless from all costs (including attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be caused by Agency's actions or inactions in carrying out its obligations pursuant to this Agreement, whether such activities or performance thereof be by the Agency or anyone directly employed or contracted with by the Agency and whether such damage shall accrue or be discovered before or after termination of this Agreement; provided, however that the Agency shall not be required to indemnify or hold Participant harmless for injuries resulting from the negligence or wilful misconduct of the Participant, its officers and employees. C. Insurance 1. Not in derogation of the indemnity provisions of subsection A of this Section, the Participant shall take out and maintain during the period set forth in Subsection C.4., a comprehensive liability policy in the amount of at least Three Million Dollars ($3,000,000) for any person, Five Million Dollars ($5,000,000) for any occurrence, and One Million Dollars ($1,000,000) property damage naming the City and Agency as additional insureds. LAX2:I26427.9 Final: August 12, 1995 -7- B. The~,t 316992 The Participant is a California corporariot, duly organized and existing under the hws of the State of c-nlifornia. The principal office and mailing address of the Participant i.s: do Cox, Castle & Nicholson, Lewis G. Feldman, Esq., 2049 Century Park l:~t, 28th Floor, Los Angeles, California 90067. Section 1.5 Prohibition Analnq Chan?e in Partielgantship. Mana2ement and Control of Partiei~ant A. The qualifications and identity of Participant is of parti~,hr concern to the Agency since the personal efforts and artistic experience of a significant stockholder of the T.Z.B.G, Inc., Zev Buffman, are necessary to mn~c~ the Project economically viable, and the managerial experience in entertainment projects and financial strength of potential partners of are also a significant factor in determining the viability of the Project. It is because of its qualifications and identity that the Agency has entered into this Agreement with the Participant. Therefore, no voluntary or involunlary successor in interest of the Participant shall acquire any rights or powen under this Agreement except as expressly sot forth herein. The sale of a contmRing interest in Participant shall constitute a voluntary conveyance of Participant requiring Agency consent or compliance with 5ubpamgnph B. of this Section. B. The Participant shall not assign all or any of its rights or duties under this Agreement, nor convey the Site, nor convey a controlling interest in Participant without the prior written approval of the Agency, which consent .~hnl! not be unreasonably withheld provided the Agency determines that the successor is siwilnrly qualified based upon its experience in entertainment projects and its financial strength and has specifically agreed in writing to be bound by the provisions of this Agreement, except as provided in this Section. The Agency, however, hereby consents to Participant's assignment of all or any of its rights or duties under this Agreement, the conveyance of the Site, or the conveyance of a controlling inUn'est in Participant provided that: (1) Zev Buffman maintains active artistic supervision of the Project during the period of three years following issuance of the Certificate of Completion; (2) at all times a duly authorized representative is appointed to bind the Participant with respect to matt~'s involving the Agency and the City and the terms of this Agreement; 0) any such repr,:sentative, assignee or successor specifically agrees in writing to be bound by the tr~ms and provisions of this Agreement through an assignment and assumption agreement approvad by the Executive Director of the Agency and the Agency General Counsel; and (4) all security for financing the Entertainment Facilities and Public Impwvements and other interests in the Site are subordinate to this Agreement so that all assigns of and successors in interest to Participant are bound by the terms of this Agreement. The Participant shall notify the Agency of the name, address, telephone, and fax number or the person authorized to speak for and bind the Participant as described in the preceding sentence. The condition upon sale or assignment requiring that Zev Buffman maintains active artistic supervision of the Project shall terminate at the end of the third year of operation of the Project. C. All of the terms, covenants and conditions of this Agreement shall be binding upon and shall inure to the benefit of the Agency, the Participant and the permitted successors and assigns of the Participant. Whenever the term 'Participant" is used herein, LAX2:I2~427.9 Fm~: Aulust 15, 1995 employment because of ra,~, color, _a?~__, P,.liginn, age, sex, mm,ml status, handicap, 316992 nationa. origin or ancestry. Seetlon 2.7 CertiGente of Completion A. After completion of all consU'uction and development of the Public Improvements in the manner required by this Agreement, the Agency shall furnish the Participant with a Certificate of Completion within ten (10) business days of written request therefor by the Participant. The Agency ~hnl| not unressonsbly withhold any such Certificate of Completion. Such Certificate of Completion ~hsll be a conclusive determination of satisfactory completion of the consU'uction of the Public Improvements as required by this Agreement and the Certificate of Completion shall so state. After recordation of such Ccrtificate of Completion, any party then owning or thereafter purchasing, leasing or otherwise acquiring any interest in the Site shall not (because of such ownership, purchase, lease or acquisition), incur any obligation pursuant to this Agreement for the consU'uction of the Public Improvements. B. The Certificate of Completion shall be in such form as to permit it to be recorded in the Recorder's Office of Riverside County. The Certificate of Completion shall be in substantially the form attached hereto as Exhibit 4. C. If the Agency refuses or fails to furnish a Certificate of Completion, or part thereof, after written request from the Participant, the Agency shall, within ten (10) business days of written request therefor, provide the Participant with a written statement of the reasons the Agency refused or failed to furnish a Certificate of Completion. The statement shall also contain Agency's opinion of the actions the Participant must ~i~ to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items of materials for landscaping or due to the fact that certain "punch list" list items which would not prevent the safe and reasonable use of the impwvements, as determined by the Agency in its reasonable discretion, are not yet completed, the Agency shaE L ~ its Certificate of Completion upon the posting of a bond by the Participant with the Agency in an mount representing a fair value of the work not yet completed. If the Agency shall have failed to provide such written statement within said ten {10) business day period, the Participant shall be deemed enfi~ed to the Certificate of Completion. D. Such Certificate c ~ompletion shall not constitute evidence of compliance with or satisfaction of any obligation of the Participant to any holder of any deed of trust securing money loaned to finance the improvements, or any part thereof. Such Certificate of Completion is not a notice of completion as referred to in the California Civil Code, Section 3093. I_*,X2:126427.9 Final: August 1~, 1995 316992 3. The Western Bypass Corridor will be built as part of an assessment district describea in Section 4.3 of this Agreement. Agency shall be responsible for the land acquisition, design and the construction, expansion or renovation of the (1) Main Street Bridge improvements, at its discretion, (2) Sixth Sffeet Parking improvements, and (3) Main Street facades and non-conforming sign removal as more specifxcally described in Section 4.2. 4. The facilities listed in this subsection are more specifically described in Exhibit 3, Description of Public Improvements. B. The estimated cost of the Public Improvements is five million nine hundred eighty seven thousand seven hundred dollars ($5,987,700.00). The Public Improvements shall be paid for by the Agency as more specifically provided in Section 4.2. C. The Site shall be developed within the controls established in the land use entitlements approved by the City and as required by the Temecula Municipal Code, and related laws governing municipal planning, zoning and subdivision. Participant shall not remove or destroy any historic structures identified in the Old Town Specific Plan without the prior approval of the Agency Board. Section 2.2 Construction Schedule The Participant shall promptly begin and thereafter diligently work to complete the construction of the Entertainment Facilities upon the Site and the Public Improvements in accordance with the requirements of the land use entitlements upon completion of all of the follow'rag events: A. Participant obtains financing for the Entertainment Fac'~ities, if available on terms satisfactory to the Participant in its sole discretion; and Participant receives the Ageney's payment of five million nine hundred thousand eighty seven thousand seven hundred dollars ($5,987,700) in accordance with Section 4.2 hereof; and C. Participant obtains ownership of the Site. Section 2.3 Project Parking Facilities A. Parking facilities conslructed and operated on behalf of the Participant for the Entertainment Facilities shall be available under the same terms and conditions to customers and visitors to the Old Town Area regardless of whether the customer or visitor is a patron of the Project. B. The Agency and Participant shall negotiate in good faith for the adoption of a Parking Management Plan for the Old Town Area. The Parking Management Plan shall: (1) Identify parking facilities other than those owned by the Participant which might be available for use in conjunction with the Entertainment Facilities; (2) provide for joint use at off-peak times and for special events; and (3) provide for a validation or similar system to accommodate the varying parking needs of the merchants within Old Town Area with the I,~X2:126427.9 Final: August 15, 1995 Section 3.6 Entc. tainment Facilities Hirlne Poliei~ 3!699~ To the extent permitted by law, Participant shall adopt hiring policies for the Entertainment Facilities which provide a preference to local a~a residents. Section 3.7 Old Town Festival SQuare A. The Participant sh~11 acquire the land and design, construct, operate and control, a portion of the Site to be known as the 'Old Town Festival Square.' The Agency shall approve the specific size and location of the Old Town Festival Square, which approval shall not be unreasonably withheld. The Agency shnll approve any change in the ~iTe-, location, or use of the Old Town Feslival Square other than as set forth in this Section. Such approval shall not be unreasonably withheld provided that an alternate site for the Old Town Festival Square is avail~ble and the alternate is comparable in terms of size, location, improvements and function to the designated location. B. The Old Town Festival Square shall be used for: (1) special events related to the Entertainment Facttitles, which may or may not require an admission fee (including without limitation, wine festivals, shows, exhibits); (2) antertainment; (3) picnics, rec_,_~tions and siwil3r activities; (4) landscaped test areas; or (4) revenue generating activities. C. The Old Town Festival Square or a portion thereof shall be av~il~hle for use without an admission charge at least ten (10) hours per week in accordsnee with a schedule approved by the Agency and Participant, which approvals shall not be unreasonably withheld. D. It is anticipated that a portion of the Old Town Festival Square and the Open House will be situated on street right of way which is owned by the City as the Square is anticipated to be located between buildings on the parcels comprising the Site and the Opera House will be situated on more than one parcel. It is also anticipated that the City will vacate such right of way upon the purchase of the surrounding parcels by the Pardcipant. In the event such property does not belong to the Participant by virtue of the vacation, Agency agrees to acquire such property from the City in an area not to exceed eight thousand (8,000) square feet and lease it to the Participant at the annual rent of one dollar 61.00) per year for fifty (50) years, in accordance with all applicable hws. The parties agree that, as defined in Health and Safety Code Section 33433, the fair reuse rental value of such right-of-way property, foBowing vacation and subject to the limitations of this Agreement, is the rental value described in this Section. Section 3.8 A~ency GuideFrees for Consideration of Other Entertainment Related Fac~ities A. The Agency and Participant recognize that certain impacts upon the community could occur ff additional entertainment-related facilities within the City are not carefully planned. Therefore, the Agency shall establish administrative guidelines with which all future entertainment- rehted development, within the City of Temecuh must comply, taking into consideration the needs, goals and plans of the Entertainment Facilities and the community. The Agency will consult in good faith with the Pardcipant prior to proposing such administrative guidelines and prior to considering future entertainment related facilities LAX2:12642V.9 Fa~I: ^uSust 15, 199S -11- 316992 ' 2. The .rlicipant shall furnish an ,tudorsemen..,f the policies signed by an authorized agent of the insurance carrier setting forth the general provisions of the insurance coverage and including the matters required by this Agreement. This endorsement shall nmne the City and the Agency and, ff avnilnhle, their respective offieen, agents, and employees__ as additional insureds under the policy. The endorsement shall contain a rotemerit of obligation on the pan of the carrier to notify the Agency by certified mail of any modification, can~,~fion or termination of the coverage at least thirty (30) days in advance of the effective date of any such modification, canc~,,lion or termination. coverage provided hereunder by the Participant shall be pflmary insurance and not contributing with any insurance maintained by the Agency or City, and the policy shall contain such an endorsement. The required endorsement shall be fled with the Agency prior to commencement of construction. 3. The Participant ah~ll also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant w this Agreement carries worl~rs' compensation insurance as required by hw. 4. The insurance obligations set forth in this Section shall remain in effect only until a final Certificate of Completion has been furnished for all of the improvements as hereafter provided in this Agreement. 5. Without affecting any other rights or remedies under this Agreement, each party hereby waives its right of subrogation against the other for claims which may be paid pursuant the insurance required pursuant to this Section. Section 2.5 City and Other Governmental Agency Permits A. Before commencement of conmuction or development of any buildings, structures or other work of improvement the Participant shall, at its own expense, secure or cause to be secured any and all pelfnits which may be required by the City and any other governmental agency having jurisdiction as to such construction, development or work. The parties hereby agree that nothing in this Agreement shall resUict in any way the discretion of the City Planning Commission, City Council, or the City itself to approve, conditionally approve or deny any land use entitlement required for the Project in accordance with applicable hw. Agency shall assist the Psxlicipant in obtaining prompt and expeditious processing of its permit applications on a "fast track" basis. B. The Participant assumes all responsibility for t~ng all actions within its control necessary to comply with the Subdivision Map Act (Government Code § 66410, et s~_.) and local subdivision enactments related thereto with respect to the Site. Section 2.6 Antidiscrimination During Construction The Participant, for itself and its successors and assigns, agrees that in the construction of the Entertainment Facilities and Public Improvements pwvided for in this Agreement, the Participant shall not discriminate against any employee or applicant for L,~.~2:126427.9 Final: Augrot 13, 199~ sublessees or vendt:,.s in the land herein conveyed. The foregoing covenants shall run with the land. * 2. In leases: *The lessee herein covenants by and for himself or herself, his or her heirs, executon, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: *There shall be no di.~imin~tlon against or segregation of any person or group of persons on account of race, color, creed, origin in the leasing, subll~ing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person chiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occuponcy of tenants, lessees, sublessees, subtenants or vendees in the premises herein 3. In contracts: *There shall be no discrimination against or segregation of, any penon, or ~,,uh'p of persons on account of race, color, creed, religion, sex, marital status, handicap, ancestry or national origin, in the sale, lease, sublease, tnnsfer, use, occupancy, tenure or enjoyment of the premises, nor shill the transferee himself or herself or any pe~on claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtents, sublessees or vendees of the premises. * C. The covenants established in this Section shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site or any pan thereof. The covenants, contained in this Section shall remain in perpetuity. Section 3.10 Continuation of Covenants A. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants running with the land.for the benefit of the Site, the Project Area and the Agency in carrying out its statutory responsibilities under California Redevflopment Act (Health and Safety Code Sections 33000 et see_.) to implement the Redevelopment Plan. The burdens of the covenants are imposed on the Site and the Agcncy's interests in the Project Area. The covenants contained in this Agreement shall be binding for the benefit of the Site, the Project Area and the Agency and its successors and assigns, and such covenants shal] run in favor of the Agency for the entire period during which such covenants shall be in force and effect, without regard to whether the Agency is or remains an owner of any land or interest therein to which such covenants relate. B. The covenants described in Article H of this Agreement shall expire upon the issuance by Agency of a Certificate of Completion as to the Site. The covenants against wx2:x~v.9 F--" ~ tS, 199S -13- ARTICL~ m 316 992 USE OF TI~ SITE Section 3.1 Uses The Participant covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Site or any pan thereof, that during construction and until the covenants hereunder teminate pursuant to Section 3.10, the Participant, and such successors and such a,~ignees, ~h~ll devote the Site to use as an eat~'~inm~lt facility consbring of the following: (1) The Opera House; (2) Vffid West Arena; (3) virtual reality theaters; (4) cabaret/phyhouse theaten; (5) "quick draw" and indoor/outdoor exhibitions; (6) restaurants; (7) theme related retail; (7) Old Town Festival Square; (8) l~rking facilities; and such uses as are compatible with and substantially simH-'ur to such U~.~. Section 32 Proieet Name to Include 'Old Town Temecula:" Advertising of General Events Participant shall include the name "Old Town Temecula" in the legal and operating name of the Entertainment Facilities and in nil written and television advertising and promotional materials, and where commercially and artistically practical, radio advertising, disseminated for the Entertainment Facilities. The Participant's advertising, publicity and pwmofional progtnxns shall include, whenever possible, and appropriate in the Particip~nt's reasonable judgment, notice of general events, festivals, and retail opportunities avnilnhle in the Old Town Area. Section 3.3 Programminf for Entertainment Facilities Participant shah make every effort to provide diverse programming of a commercinlly reasonable nature for the Entertainment Facilities reflecting a a'oss-section of regional community entertainment preferences. Section 3.4 Rent Free Availability of Entertainment Facilities to Certain City Non-Profit Groups The Entertainment Facilities, excluding parking, shall be made avaihble rent free for non-competing public non-profit use by local theater and arts orga~i-~tions for a minimum of forty (40) days per yea~, in accordance with a scheduiad approved by the Agency and the Participant, with such uses being subject to Pardcipant's determination of avnil~hility and confficts of the venues, which determination shall be exercised in a reasonable manner. Any time that any one of the Project's theaters or other private fadlities is used by an individual or group for any time on a given day, then such usage shall be counted towards the 40 day minimum requirement. Section 3.S F, ntertainment Facilities to Provide F-~lucational Component Participant shall inciude in the operations of the Entertainment Facilities, an educational component which will pwvide opportunities for performing arts education for local area residents. LAX~:X~ZT.9 Flask ^umat ts, lm 316992 Participant shall design, a...tire land, construct and insu!ll all of ,... Public Improvements at its sole r~tc; cost, and expense, in accorcknce with the terms of this Agreement. In the event the Participant elects to finance the Public Improvements by a community fa~litles district, however, the Agency and Participant shall in good faith negotiate an amendment to this Agreement providing for the acquisition of land for the Site and the conveyance of said land to Participant with a value of not more than $5,487,700 upon un-ms acceptable to both B. Participant shall design the Public Improvements, except for the Western Bypass Corridor. Agency staff and Participant's design staff shall cooperate in the prepaxat~on of the plans and specifications. Participant shall submit to the Agency plans and specifications for the PubLic Improvements. Participant shall pay for the preparation of such plans and specifications. Agency shall cause the approval by the responsible agencies of the plans and specifications as expeditiously as possible following submittal. C. The Public Improvements shall be bid in accordance with the provisions of the Public Contracts Code and applicable hw for public works for cities, including but not limited to the requirements of performance and labor and material bonds. Participant shall pay prevailing wages for the construction of the Public Improvements in accordance with applicable hw. D. Participant shall be solely respan~ihle for all cost overruns or expenses incurred in building the Public Improvements in excess of the Agency's contribution of $5,987,700. Participant shall also be solely responsible for any claims which may be made by the contractors for the work performed. Further, Participant shall be solely responsible for complying with all mtuirements for completion of the Public Improvements required by the land use entitiements for the Project. In the event the bids are less than the Agency's contribution, the difference between the mount of the bids, including a customary and reasonable construction management fee, Shall be paid to the Agency within thirty (30) calendar days of notice from the Agency. E. Agency shall pay the sum specified in Subparagraph A to Participant upon ten (10) business day's written notice following completion of the following events: I. The financing for the Entertainment Facih'Ues has closed or the Agency determines in its sole and unfettered discretion that cummitmcnts are in place that assure the closing; and 2. Participant has fully executed construction agreements for the consmiction of the Public Improvements, which agreement for the Public Improvements shall be consistent with the pwvisions of this Article; F. Participant shall commence consU'uction of the Public Improvements within thirty (30) calendar days of receipt of funds unless such time is extended by the Executive Director of the Agency. G. In the event this Agreement is terminated prior to the commencement of the construction of the Public Improvements, Agency agrees to purchase from Participant the plans and specifications and work in progress for the design of the Public Impwvements and L~X2:n6427.9 F~,. Auma iS. 199S -15- affecting the Old Town Ax,~. The guidelines my specify the fohowing development criteria: 316992 2. Use guidelines which would not only assure consistency of uses but also be intended to avoid duplication of uses to insure that a variety of complimentary services are available to the public; 3. Criteria concerning themes, quality of services and products, developed for entertainment-rehted businesses; and 4. Proposed geographic locations for entertainment- related uses, as defined in the guidelines, designed to avoid the proliferatinn of such uses in areas without adequate traffic capacity, or otherwise unsuitable, including, without linu'tafion, overhy zoning districts, the requirement for a special use permit, or other provisions for separation between facilities and incompatible uses. B. The parties acknowledge and agree, however, that this Agreement does not restrict the discretion of the City Planning Commission, City Council, Redevelopment Agency Board, or the City or the Agency itself, to approve, approve with conditions, or deny the proposed guidelines or any proposed entertainment-related project and that any such project shall be reviewed and considered in accordance with applicable law. Section 3.9 Covenants for Non-Discrimination A. The Participant covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, _creed__, religion, sex, marital status, age, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of thc Site, nor shall the Participant itself or any person chiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. B. The Participant shall refrain from restricting the rental, sale or lease of the Site on the basis of race, color, creed, religion, s~t, marital status, handicap, national origin or ancestry of any person. All such d__,3~_s, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation chuses: 1. In deeds: 'The grantee herein covenants by and for himself or herself, his or her heirs, executon, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtents, LAX2:126427.9 Pia]: Augrot 15, 1995 -12- Section 4.6 User ,,l~ar~e Unon Tickets Sold A. In order to assist the Participant's private financing of the Entertainment Facilities with a committed revenue source and to assist the Agency and the City with expenses each will incur wit~ respect to this Project and its impact upon the community, the parties hereby agree to establish and maintain a user charge upon each ticket sold for the Project in the amoum of eight and three quarters percent (8 3/4%) of the face amount of each ticket soM for events on the Site (hereinafter "User Charge"). 1. The User Charge, shall not be considered a tax or fee of the Agency or City, and may be commttted or pledged by the Participant to the financing for, or the :-~financing of, the Entertainment Facilities, if necessary to make up the difference between the costs of the Project and the available revenues fron~ the Project, for a period of thirty five (35) years from the date of the closing of the financing of the Entertainment Facilities. 2. Following the period of t~! ~ five (35) years from the date of the closing of the financing of the Entertain,-;ent Facilities, a portion of the User Charge shall be paid to the Agency as follows: (a) Beginning in the thirty sixth 06th) year and concluding at the end of the fiftieth (50th) year from the date of the closing of the financing of the Entertainment Facilities, Participant shall pay to the Agency the amount of the User Fees received up to two million dollars ($2,000,000.00) per year, subject to the increase in this amount set forth in Subparagraph 2.(c); Co) During such period, Participant shall retain the araount of the User Fees received in excess of $2,000,000 per year; (c) Beginning in the thirty seventh year (371h) year and each succeeding year thereafter, the amoum of the $2,000,000 limititation shall be increased by a percentage equal to the average increase in ticket prices for events on the Site during the prior year. B. The operation of this Section and the collection of the User Fees shall be suspended for such period of time as there is in effect a valid admissions tax upon tickets or admissxens to the events on the Site imposed by State or local authorities. Section 4.7 Participant Payment of Costs of Increased City Services Resulting From the Project A. Participant agr~, :o design the Project and implement operational programs for the Project so as to reduce me impact of the Project ?on City services, as more specifically set forth in the Scope of Development. DesBie these design and operational programs, it is possible that the Project could create the need for new and additional City services at costs greater than the puDlic revenues generated by the Project. Recognizing this possibility, Participant therefore agrees to meet and confer with the City and the Agency on a monthly basis to determine the need for new and additional City services related to the LAX2:I26427.9 Fi~tl: Au~t~ 15, 1995 -17- 316992 discrimination contained in Section 3.09 of this Agreement shall remain in perpetuity. All other covenants contained in this Agreement, except for the covenants contained in Section 4.6, Participant Payment of Costs of Increased City Services Resulting From the Project, and Section 4.7, User Charge Upon Tickets Sold, shall expire at the end of the twentieth (20th) year following issuance of a Certificate of Completion for the Site. The covenants contained in Sections 4.6, Participant Payment of Costs of Increased City Services, and 4.7, User Charge Upon Tickets Sold, shall expire at the end of the fiftieth (50) year following the first performance at a theater on the Site. C. The Agency, in the event of any breach of any such covenants, shall have the right to exercise all of the fights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Agreement shall be for the benefit of and shall be enforceable only by the Agency and its successors. ARTICLE IV FINANCING OF PUBLIC IMPROVEMENTS AND PAYIVn~NTS TO AGENCY Section 4.1 Responsibilities For Financing Entertainment Facilities and Public Improvements A. Participant shall assume sole and full responsibility and all financial risk for financing the land acquisition, design, construction, and operation of the Entertainment Facilities (as defined in Section 2. 1 .A. 1. of this Agreement) and the Public Improvements (as defined in Section 2.1.A.2 of this Agreement) and necessary fixtures and equipment. The Agency shall not assist in the financing of the Entertainment Facilities. B. Agency shall assume sole and full responsibility and all financial risk for the land acquisition, design and the construction, expansion or renovation of the {1) Main Street Bridge Improvements, provided, however, that Agency retains sole discretion to determine whether to proceed with this improvement, (2) Sixth Street Parking improvements, and {3) Main Street facades and non-conforming sign removal as more specifically described in Section 4.2. The budget for these three improvements shall be limited to three hundred seventy five thousand dollars ($375,000.00) for the Main Street Bridge Improvements, three hundred seventy five thousand dollars ($375,000.00) for the Sixth Street Parking Improvements, and two hundred seventy five thousand dollars 6275,000.00) for the Main Street Facades and Non-Conforming Sign Removal, unless the Agency determines in its sole discretion that additional monies are available therefore. The design of the improvements shall take into account the limits of this agreed budget so that the ultimate cost of the design and construction of the improvements does not exceed the financial limitation. C. The Western Bypass Corridor will be financed through and built as part of an assessment district described in Section 4.3 of this Agreement. Section 4.2 Construction of Public Imnrovements bv Particinant A. In consideration of the payment of the sum of five million nine hundred eighty seven thousand seven hundred dollars ($5,987,700.00) by the Agency to the Participant, the L'~C2:i26~ZT.9 ~=~ A~ XS, 199S -14- 316992 4. The aetenninafion of the x~vised Participant Reimbursement Payment shall be completed on or before the tnlth (10th) business day following the end of the six month period. 5. In the event the representatives of the Participant and the Agency Staff do not agree upon the mount of the Participant's Reimbursement Payment for next the six month period prior to the tenth (10th) business day fOllOwing the end of ~eh sixth month period, the respective positions of the Participant and Staff shall I~ presented to the a neulnl arbiWator for a decision as to the appropriate mount of the Participont's Reimbursement Payment for the succeeding six month period. The parties shall agree upon an arbiWator, but if the parties cannot agree upon a neutral arbitrator, a retired judge shall be selected by the Judicial Arbitration and Mediation Sea'vice to decide the mater. The fees and expenses of the afoitrator shall be divided evenly between the parties. 6. The Participont's Reimbursement Payment for the preceding six month period shall not be aiter~l regardless of the revisions to the Panicipant's Reimbursement Payment for the next six month period. 7. In the event that a revised Participant Rehnbursement Payment has not been determined pursuant to this subsection by the first day of a new six month period, the each party shall notify the other of the mount it believes is appropriate for the new payment. Participant shall pay to the Agency an mount equal to the mount of the new payment which is not in dispute. Upon resolution of the propor mount of the new payment for the next period, the Participant sh~ll promptly pay such mounts, if any due the Agency in accordance with the determination of the monthly mount for the new period. E. Following the initial six month period from issuance of the Certificate of Completion, the Agency shall submit an invoice to the Participant on the first business day of each month in the mount of the Participant's Reimbursement Payment for the new period as determined by Subsection D. Participant shnll pay the mount due to the Agency not hter than the 20th day of the month, or the next succeeding business day thereafter, and the Agency shall thereafter transfe~ such mount to the City. A late charge in the mount of one and one half percent (1.5%) of the mount due shall be imposed if not received by said date and said late charge shall continue each month until the full mount of the Participant Reimbursement Payment is paid. Section 4.8 Reimbursement of Participant and Agency Costs Incurred Prior to Close of F'mancing A. The financing of the Entertainment Facilities may provide for the reimbursement to Participant of Participant's actual costs paid for development of the Project and acquisition of the Site prior to the close of the financing including, without limitation: (1) The cost of architectural, engineering, legal and design fees and other related consultant's fees; (2) performance and completion bond premiums; (3) property taxes and insunmce; and (4) option payments, purchase payments, escrow and closing fees, and relocation benefits paid for acquisition of land for the Site. L.~X2:~26427.9 ~rma: ^=~ms Is. ~s -19- aH documents, reports, calculations, dn~n and other marten prepared in the course of 31699~ designing the Public Improvements ("Design Work"). The purchase shah occur at a time de.~ignated by the Agency within three (3) years from the date of termination of the Agreement. The purchase price ~ be the actual co~t of the Design Work not to ex__~e~__ five hundred thousand dollars ($500,000.00) which shs/1 be calculated on the b_~i-~ of (1) the actual time incurred which was reasonably necessary to complete the Design Work, ('2) the actual charges which were reasonably necessary to complete the Design Work, and (3) a schedule of rates and charges submitted to the Agency by the Participant and agreed to by the Agency's Executive Director on or before the date of thi~ Agreement. If the schedule of rates and charges are not approved by the Executive Director prior to the effective date of this Agreement, Agency shall not be obligated to purchase the Design Work. Section 4.3 Western Bvpn~ A~sessment District A. Agency agrees to cause to be initiated and will diligently pursue the formation of an assessment district to fund the costs of land acquisition and construction of the Western Bypass Corridor on or before January 10, 1996 with the issuance of assessment district bonds on or before March 1, 1996, in accordance with applicable State and federal hw. B. No commercial, industrhl or residential structures on property within the Old Town Area (as defined in the Old Town Specific Plan) existing as of the date of this Agreement, shall be assessed for the Public Improvements. Future buildings in the Old Town, whether commercial, industrial, or residential, approved by the City on or after the date of this Agreement shall also be assessed for the Western Bypass Corridor. C. Participant, on behalf of itself, its successors and assigns, hereby acknowledges that development of the Site will have an impact on traffic in the region and the Site will benefit from the construction of the Western Bypass Corridor and therefore agrees and offers to participate in, and waives all rights to object to the formation of an assessment dislzict for the construction of the Western Bypass Corridor. Section 4.4 Community Facilities District Agency agrees to cause to be initiated and will diligently pursue the formation of a community facilities district to assist Participant's obligations to fund the costs of land acquisition and construction of eligible public facilities in accordance with the procedures of applicable state and federal hw. Agency shal] approve the financing team for the community facilities district, with input from the Participant. Section 4.5 Reloeation of Persons Dbphced by the Project Participant shall pay such relocation benefits as are required by law.. The Executive Director shall approve nil relocation payments and settlements made by the Participant and all informational end settlement documents prior to use by the Participant in connection with the administration of the relocation efforts. Participant shall indemnify Agency pursuant to Section 2.4 for any payments, obligations, or litigation which may arise out of or be related to any actions or inactions relating to the relocation requirements of this Agreement. 3.,AX2:12~4ZT.9 Final: Aupst If, 199~ 316992 freight embargoe,~: intergame~c invasion; lack of transporUlfion; litigation; unusually sever~ weather; act of government (except such ~h~H exclude the City or the Agency from using its own acts, repecfively, as a force majeur); change in law (excluding the City or Agency from enacting or changing laws which excuse performance of their respective obligations); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. B. Notwithstanding anything to the conttm'y in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by me party cimmmg such extension is s~nt to the other party within thirty 00) days of the commencement of the cause. C. Times of performance under this Agreement may also be extended in writing by the mutual agzeement of the Executive Director of the Agency and the Participant. Section 5.6 Non-Habilitv of Officials and Fmolovees of the A~ency No member, official or employee of the Agency or the City shall be personally liable to the Participant, or any successor in interest, pursuant to the provisions of this Agreement, nor for any default or breach by the Agency. Section S.7 Inspection of Books and Records Each party has the right to inspect, at ressonable times, the books and records of the other perta~ing to the Site as pertinent to the purposes of this Agreement upon 24 prior hours written notice to Participant. ARTICLF- VI DEFAULTS AND REMEDIF-~ Section 6.1 Defaults - General A. Subject to the extensions of time set forth in Section 5.3, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default (claimant) shall ~ive written notice of default to the other party, specifying the default complained of. B. The claimant shall not terminate this Agt=ement pursuant to Section 6.7, 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 core, 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. In the event the default is caused by me act or omission of a lessee of the Participant, Participant shall be deem to be curing the default if the lessee's lease provides for compliance with the terms of this Agreement and Participant is diligen~y pursuing its ~a:126~27.9 F.-,. ~ u, lsgs -21- Project and th~ costs of socl~ services and Participant and Agency agree to negotiate the 3169'3;,' i~sues deskbed in this Section in good faith. B. Participant agrees to pay to the Agency monthly, for reimbursement to the City, an mount equal to the difference between the actual costs of city services resulting from the opention of the Project ("City Service Costs") and the revenue received by the City and the Agency from the Site ("Project Revenues") pursuant to the terms of this Section (hereafter "Participant's Reimbursement Payment"). The Participant's Reimbursement Payment shall continue for a period of forty (40) yeats from the date of the first performance at the Entertainment I:acilities. C. During the first six month period following the issuance of the Certificate of Completion, representatives of the Agency and Participant shall meet and confer in good faith each month to determine (1) the City Service Costs for the month, (2) the methods by which the operations of the Project can reduce any such impacts, (3) the Participant's Reimbursement Payment for the month. The Participant shall pay to the Agency the Participant Reimbursement Payment for the month. Participant shnll pay the mount due to the Agency not hter than the 20th day of the month, or the next succeeding business day thereafter, and the Agency shall thereafter Wan~fer such mount to the City. A hte charge in the mount of one and one half percent (1.5 9~) of the mount due shall be imposed if not received by said date and said hte charge shall continue each month until the full mount of the Participant Reimbursement Payment is paid. D. At the end of the first six (6) month period of operation, and at the end of each six (6) month period thereafter, representatives of the Agency, City and Participant shall meet and confer in good faith to determine the monthly Participant Reimbursement Payment based upon City Service Costs and Project Revenues during the preceding six month period. 1. The municipal services to be considered in determining City Service Costs are: (1) Police services; (2) fife and paramedic services; (3) Parficipant's proportionate share of a pavement management and street maintenance cost of the streets adjacent to the Site based upon the trips to and trips generated from the Site to other traffic on the streets adjacent to the Site. 2. The revenues which shah be considered in determining Project Revenues shall be: (1) Transient occupancy tax revenue actually received by the City from the Site and any hotel built on the Westside Area, as defined in Section 1.3, whether or not owned by Participant; (2) sales tax revenue actually received by the City from the Site; and (3) tax increment revenues actually received by the Agency from the Site. No other sources of revenue from the Entertainment Facilities or the Site shall be considered in this analysis. 3. Participant shall receive a credit of Project Revenues for future six month periods ff in any one six month period Project Revenues exceed the City Service Costs. Section 6.7 Remedies and Rights Prior to the Close of Fmancing 316992 A. Termination by the Participant Prior to the close of the financing of the Entertainment Facilities or the Public Improvements or prior to the issuance of bonds for the As_~ssment District for the Western Bypass Corridor, the Participant may terminate this Agreement and its obligations hereunder (subject to Pangraph D below) in the event that: 1. The Agency defaults in the pedormance of any material obligation hereunder and such failure is not cured within the time required by this Agreement; or 2. Participant does not obtain financing for the Entertainment Facilities on terms and conditions satisfactory to Participant, and Participant returns the mount, if any, provided to Participant in accordance with Section 4.2 with interest in the amount of the interest paid on deposits in the Local Agency Investment Fund of the State of California during the period the Participant held the funds, in which case this Agreement shall be rescinded in its entirety. B. Termination by the Agency Prior to the close of the financing for the Enteminment Facilities or the Public Improvements, whichever occurs first, the Agency may terminate this Agreement and its obligations thereunder {subject to Paragraph D below) for any of the following reasons: I. The Participant (or any hwful successor in interest) assigns or attempts to assign the Agreement or any rights therein or in the Site in viohtion of this Agreement; or 2. The Participant defaults in the performance of any material obligation hereunder and such failure is not cured within the lime required by this Agreement. C. Procedure for Termination In order to terminate this Agreement prior to conveyance of the Site to Participant for any reason set forth in Pangraph A or B above, the party proposing to terminate shall deliver written notice of its intent to do at least fifteen (1S) days prior to the proposed date of termination and stating the ~-~ons for termination. The party proposing to terminate the Agreement may withdraw the proposed marion or extend the effective date at any time prior to the effective date of the marion. D. Consequences of Termination In the event of termination of this Agreement in accordance with this Section, each party shall have retain any rights or recourse it may have against the other, except in the event of a termination in accordance with Paragraph A.2. above. L,~x2:x2642v.9 pi~: ^~u,~ ~. isgs -23- 316992 B. ' The financing of the Endmerit Facilities or the financing of the Public Improvements by the Participant shall also provide for the reimbursement to the Agency and the City of the full mount of all fees and costs which the Agency or the City have paid to Burl~e, Willjams & Sorensen and to PMW Associates, Inc. in connection with the Project, and such other third party out of pockzt costs which the Agency or the Staff has incurred in connection with its obligations pursuant the Memorandum of Understanding between the parties dated January 31, 1995. ARTICt-F- V GENEaAL PROVISIONS Section g.l Notices. Demand~ and Communications Among the Parties Written notices, demands and communications among the Agency and the Participant, 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 Agency or the Participant described in Section 1.4. Such written notices, demands and communications may be sent in the same manner to such other addresses as either pony my from time to time designate by mail as provided in this Section. Notice shall be deemed to have been received as of the date received in the office of a party as evidenced by the date on the receipt. Section f.2 Conflicts of Interest The Participant warrants that it has not paid or given and will not pay or give any officer, employee or agent of the City or Agency any money or other consideration for obtaining this Agreement. Section ~.3 Local. Stnte and Federnl Laws The Participant shah carry out the provisions of this Agreement in conformity with all applicable local, state and federal laws end regulations, including, without limitation, the such hws and reguh~ons pertaining to the payment of prevnillng wages which might be applicable to its obligations. Section 5.4 Taxes. Assessments. Encumbrances and Liens The Participant shall pay when duc all real estate taxes and assessments on that portion of the Site owned by the Participant. Section 5.5 Enforced Delay: F.~tension of Tunes of Performance A. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, end all performance and other dates specified in this Agreement shall be extended, where panT seeking the extension has acted diligently and delays or defaults arc due to events beyond the reasonably control of the party such as but not lhnited to: war; insurrection; m'ik~; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine res~cfions; t.~c2:12~427.9 nn~ Aupg ts, 199s -20- rejection of documents wihdn thirty C30) days after submission to the Agency or such documents shall be deemed approved. 316992 Section 7,1 Real ~state Cornmksion Participant shall pay all claims of brokers, agents or finders, lieensed or unlicensed, and all claims of real estate or other consultants which exist or may arise with respect to the acquisition of the Site. Agency shall not be liable for any such fees and Participant shall indemnify Agency, its officers, employees and agents, from any and all costs, liabilities or judgments, including attorneys' fees, incurred in defending or paying any such claims. Agency agrees that it will not incur, and represents that it has not incurred, claims of brokers, agents or finders, consultants and other professionals with respect to the acquisition of the Site, except as described in Section 4.8.B. Section 7.3 Entire Am-eement. Waivers & General A. This Agreement is executed in duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 29 and Exhibits 1 through 4, which constitutes the entire understanding and agreement of the parties. B. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any pan of the subject matter hereof, including but not limited to the Memorandum of Understanding between the parties dated January 31, 1995. The Memorandum of Understanding between the parties dated January 31, 1995 is hereby terminated and of no further force and effect. C. All amendments hereto must be in writing executed by the appropriate authorities of the Agency and the Participant. D. Both Parties are sophisticated parties with respect to the matters contained herein and each have txmicipated with counsel in the drafting of this Agreement. Section 7.4 Thne For Acceptance Of Agreement By Agency This Agreement, when executed by the Participant and delivered to the Agency, must be authorized, executed and delivered by the Agency on or before thirty (30) days after signing and delivery of this Agreement by Participant or this Agreement shall be void, except to the extent that the Participant shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it sh~l! have been signed by the Agency. I.AX2:126427.9 Find: August 1t, 1995 316992 remedies under the lease, ~ure the default and completes such c,._,: within the time', allowed by this Agreement. Seefion 6.2 Legal Actions A. Institution of Leg~! Actions Any legal actions relat~l to or arising out of this Agreement must be instituted in the Supedor Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or, if federal jurisdiction exists, in the Federal District Court in the Central District of C~lifomia, ~=~tem Division. In the event ~uch litigation is filed by one party against the other to enforce its fights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be enti~ed to reasonable atWmey fees and litigation expenses for the relief granted. B. Applicable Law The hws of the State of California shall govern the interpretation and enforcement of this Agreement. Section 6.3 Rights and Remedies Are Cumulative Except as otherwise expressly slated in this Agreement, the fights and remedies of the parties are cumulative, and the exercise by either party of one or more of such fights or remedies shall not preclude the exercise by it, at the same or different times, of any other fights or remedies for the same ddault or any other default by the other party. Section 6.4 lnnction Not a Waiver of Default Any failures or delays by either party in asserting any of its fights and remedies as to any default shall not operate as a waiver of any default or of any such fights or remedies, or depfive either such paxty of its fight to institute and mainlain any actions or proc__e_~___ings which it may deem necessary to protect, asseat or enforce any such fights or remedies. Section 6,S Dnma~ If a default is not fully cured by the ddaulling party as provided in Seelion 6.1, 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. Section 6.6 Specific Performance If a default under this Agreement is not fully cured by the defaulting party as provided in Section 6.1, the nondefaulting party at its option may thereafter (but not before) commence an action for specific pedormance of terms of this Agreement. IAX2:126427.9 ~ A,q~t IS, 199S -22- Sm~ of Ca~fornia ) County of Riverside ) ~ August 16 , 1995, before me, appeared zev Buffman Susan W. Jones , penona~y [ ] personally known to me 'OR- [X] ved to me on the basis of satisfacto~ evidence to be the personO0' whose name(~) signature(s) on the inslrument the person(s)-, or the entity upon behalf of which the penon(s) acted, executed the msmimenL Witness my hand and official seal CAPACITY CLAIM~-D BY SIGNER [] INDnaDUAL~S) OFHCER(S) CrrrLE[s]): President [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCR/BING WITNESS GUARDIAN/CONSERVATOR OTR~R: __ Chah~son SIGNER IS RE. PP, ESENTING: Name of person(s) or entity(ies): T.Z.B.G., Inc. L.43C3:12~427.9 Fml: AmSmtt IS, 1991 -27- Section 6.8 Cona~ions Precedent to Participnnt's Obli~ation~ 316992 Participant's obligations und~ this Agreement are conditioned upon the satisfaction or the waiver, in Participant's sole and absolum discretion, of the following conditions precedent on or before August 31, 1995: 1. The Agency shall not be in default in the pedormance of any material obligation under this Agreement and such failure is not cured within any applicable 2. PartiCipant has obtained finnncing for the Entertainment Facilities upon terms and conditions reasonably satisfactory to Participant; 3. Agency has obtained, and such fun& shall be av~ilnhle to Pm'ticipant, financing for the acquisition and consUnction of the Public Improvements, including the Western Bypass Corridor, to the reasonable satisfaction of Participant; 4. Participant has obtained the parcels for the Site; and 5. Participant has obtained all necessary governmental p~mits and appwvals necessary to perform its obllgmions under this Agreement. In the event any of the foregoing conditions precedent have not been satisfied or waived as provided above, Participant and Agency shall be relieved of all further fights and obligations under this Agreement, except for (i) the Agency's obligation to refund a portion of the design and construction cost for the Public Impwvements as more particularly described in Section 4.2.6. shall continue in full force and effect, (ii) Participant shall return the mount, if any, provided to Participant by Agency under Section 4.2 with interest in the mount of interest paid on deposits in the Local Agency Investment Fund of the State of California during the period the Participant held the funds, ('fii) the indemnification provisions of Section 2.4.A. and B., and (iv) such other provisions as are intended to survive termination of the Agreement. Notwithstanding the foregoing, Participant shail have all of its available fights and remedies under this Agreement, at law or in equity in the event Participant terminates this Agreement as a result of an Agency's default in the performance of any material obligations under this Agreement. ARTICLR VII SPECIAL PROVISIONS Section 7.1 Subtni~ion of Documents to the Agency for Approval Whenever this Agreement requires the Participant to submit plans, elmwings or other documents to the Agency for appwvai, which shall be deemed approved if not acted on by the Agency within the specified time, said plans, drawings or other documents shall be accompanied by a letter stating that they are being submitted and will be deemed appwved unless rejected by the Agency within the stated time. If there is no time specified herein for such Agency action, the Participant may submit a letter requiring Agency appwvai or LAX2:I26427.9 irms~ Aug~g L~, 1995 LL-PURP0,qE ACKNOWf-I~,DGME 316992 Stare of California County of ) ) , 1995, before me, , personally [] 11 personally known to me -OR- pwved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within insn'ument and acknowledged to me that he/she/they executed the same in his/her/their autherized capacity(ies), and that by his/her/their signature(s) on the instrument the penon(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wimess my hand and official seal. SIGNATURE OF NOTARY [1 [1 mDnaDUAL(S) OFF~Cr=a(S) Crnq.~-[s]): CAPACITY CLAIMED BY SIONF_J{ [] [1 [1 [1 [1 [1 PARTNER(S) ATtORNEY-IN-FACT TRUSTI~,P.(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTI-II:-R: Chairperson SIGNER IS REPRESENTING: Name of person(s) or entity(ies): 1.,4J<2:126427.9 Fa.,-m' A~lus{ 15, 1~'$ IN WITNESS V6~I~_~)F, the Agency and the Participant have signed this Agreement as of the date f'wst written above. ]~EV~IOI~IENT AGENCY OF THE CITY OF TEM~CULA By: RONALD J. PARK~ Chairperson ATrEST: APPROVE) AS TO FORM: PETER M. THORSON Genenl Counsel T.Z.B.G, INC. President LAX2:I2642'/.9 Fmsl: Augms 15, 1995 ., .w .-PURPO~ql~. AC~OV~[-R'T~GM~, 316992 State of California County of , 1~95, before me, , personally [] [] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and aeknowl~clged to me that he/she/they executed the same in his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wimess my hand and official seal. SIGNATURE OF NOTARY L~x2:x26427.9 Fim~ ^.~at Is, ~99s ,~T ,l --PURPOSF. ACKNOW'T :I~nGM:EIN i 3 IG :90'2 State of California County of On appeared , 1995, before me, [] [] personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose me(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the perran(s), or the entity upon behalf of which the person(s) acted, executed the insU'umeaL Wimess my hand and official seal. SIGNATURE OF NOTARY [] [] m'DIVIDUAL(S) OmCER(S) CrrrLE[s]): CAPACITY CLAIMI~ BY SIGNER [] [] [] [] [] [] PARTNER(S) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTH]~: Chailperson SIGNER IS REPRF, SENTING: Name of person(s) or entity(ies): LAX2:t2642V.9 t~iaal: August 316992 EXHIBIT NO. 1A SITE MAP WESTSIDE SPECIFIC PLAN _ =,L-PURPOSE ACIcNOWf.k'~GMEN_ 316992 Stat~ of California County of , 1995, before me, [] [1 personally known to me -OR- proved to me on the basis of satisfactory evidence to be the pea'son(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Wimess my hand and official seal. SIGNATURE OF NOTARY [l [3 nCDrfmUAL(S) OmCER(S) CHTLE[S]): CAPACITY CLAIN~-D BY SIGNER [] [) [] [] [] [1 PARTNER(S) ATrORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING W1TNESS GUARDIAN/CONSERVATOR OTHER: SIGNF, R IS REPI~'~-~ENTING: Name of person(s) or en~ty(ies): ~,rT NO. 3 DESCRIPTION OF PUBLIC IMPRO~ The public impwvements described herein shall include the land acquisition, design, and construction of the facilities and shall include all associated and incidental facilities which may or may not be specifically identified within the description. 1. Renovation and Ex~pansion of Old Town First Street Bridge: a. Preliminary design of First Street to its connection with Western Bypass Corridor to include a Bridge over Murrieta Creek. b. Obtaining all the permits and approvals which may be required, including City of Temecula, U.S. Army Coxp of Engineers, California Department of Fish and Game, U.S. Department of Fish and Wild Life, Riverside County Flood Control and any other permits and approvals as my be required. c. Final design and construction of facilities as said design is approved by the reviewing agencies to inchidc First Street from its intersection with Front Street to Western Bypass Corridor. d. Design and construction of all utilities as may be required by the various utility companies to provide the required services to the pwposed development. 2. Old Town Gateway Landscaping Project: a. Provide trees and other landscapeing along the westside of Front Street between Front Street and (Murietta Creek) from Rancho California Road to the Post Office. Street tree placement shah be in conformance with the Old Town Specific Plan. b. Acquire the necessary right-of-way approval. Submit the Landscape Plan to the Planning Department for review and d. Construct and install the landscaping in accordance with the Landscapc Plan as approved. Old Town Demonstration Block. including the Front Street Rcpairs/Upgrades. Fwnt Street Reconstruction. Miscellaneous Street Impwvements: a. The area of improvement shall include First Street and Main Street. b. Provide a conceptual design and submit to Planning Department for review and approval for the following: h~X2:X2M27.9 F,--" ^neat I.~, 199~ e. CoL .act said improvements to the satisfac,.~a of Rancho California 316992 Wate~ Distria. 6. Storm Drnin Irr~rovements: a. Determine the adequcy of the storm dnin system as proposed in the Old Town Specific Plan, i.e., 3rd and 6th Street storm dnins, 1-15 to Murrietz Creek. b. Design said impwvements and obtain all n_~cessary permits for the ins~ll~tion of said improvements. Permits may include but not be limited to Riverside County Flood Control District, U.S. Army Corp of Engineers, Cafifornia Deparunent of Fish and Game, and CalWans. c. Construct the improvements in accordance with the approvals of all the above agencies including the City. d. Provide for the necessary facilities along these systems to accept local drainage. 7. Main Street Bridge impwvements a. Design impwvements to the Main Street Bridge to accommodate its use as a pedestrian bridge and obtain approvals of City and any other necessary agencies. b. Construct said improvements. 8. Sixth Street Parking improvements Construct up to seventy (70) parking spaces on the Site which the Agency owns at Sixth Street and Front Street. 9. Main Street facades and non-conformiz!g sign removal a. Implement a program for assistance to pwperty and business owners for the improvement of facades and the removal of non-conforming signs. LAX2:I26427.9 Fml: A~lmi Is. 1995 F, YI:t~IT NO. 2 LEGAL DESCRIPTION OF SITE 316992 The area of the Project Site is bounded by the following: Beginrag at the certerline of Rancho California Road and the westerly City Limits; thence, soutb~terly along the City Limit line to its intexsection with the centerline of Intentate 15 to the centerline of Rancho California Road; thence, westerly along the centerline of Rancho California Road to the Point of Beginning. Approved by: AGENCY: Participant: ~.x~:17~27.9 F-,-" ^~ aS, l~S -32- IN WITNESS WHEREOF, the Agency has .executed this CerU~cate as of ,19__. I1F~DEVELOPMI~NT AGENCY OF THE CITY OF TEMECULA 3169~q2 By: Chairperson ATTEST: JUNE S. GREEK Secretary APPROVED AS TO FORM: PETER M. THORSON General Counsel LAX2:I26427.9 Final: August 15, 1995 1 ~ndsc~ping and L~ghting; 3169.92 Public signage, including Gateway entry sign, direcfional signs, and street name polesigns; and Street improvements to include curb, gutter, sidewalk Cooardwmlk), paving, streetlighting with sound system, street furniture to include wood benches, trash recepficles, newspaper racks, mailboxes, bus sheken, phone booths, and drinking fountains, all in general conformance with the Old Town Specific Plan, and Ch'cuhfion FJernent of the General Plan. c. F,~are the necessary plans, specifications for the above scope of work and submit for review by the City and other interested parties as may be necessary. d. Construct the facilities as per approved plans. c. Topography for all of the Old Town shall be pwvided to facilitate design and to eliminate potential future drainage problems. 4. Old Town Sewer Inlprovements: a. Determine, based on the Ultimate Plan, "Old Town Specific Plan" and Westside Specific Plan, including Bntertainment Facilities, the location of existing and need for upgtading sanitary sewer facilities, and any new sanitary sewer facilities. b. Present the report to the p~t~n Municipal Water District (BMWD) and the City for review and appwval. c. Design the facilities for the Sanitary Sewer Improvements based on the approved report. d. Obtain any fight-of-way that may be necessary to construct said improvements. e. Construct said improvements to the satisfaction of BMWD. 5. Old Town Water System: a. Determine, based on the Ultimate Plan "Old Town Specific Plan", Westside Specific Plan and the Bntertainment Facilities, the location of existing water systems, the needed upgrading, and needed new water facilities. b. Present the report to Rancho California Water, City and Fire Marshall for re:view. , agencies. Design the facilities as needed and obtain approval by the above d. Obtain the necessary right-of-way for the proposed improvements. LAX2:I~27.9 Fm~l: ~ L~, 199~ -34- State of r~llfomia CounPy of ,1995, before me, , personally tl tl personally known to me -OR- proved to me on the basis of satisfactory evld~ce to be ~,e 'pason(s) whose name(s) is/are subscn~ed to the within instrument and acknowledged to me that he/she/they executed the same in Iris/her/their authorized capacity(ies), and that by his/her/their signature(s) on the insWument the persea(s), or the entity upon behalf of which the person(s) acted, executed the instrument, Wimess my hand and of~cial seal. SIGNA~ OF NOrrARY [1 [1 [] [] [) [] [] [] CAPACITY CLAIMI~ BY SIGNER n~n'mUAL(S) OmCi~S) (ThUgS]): PARTNER(S) ATI'ORNEY-IN-FACT TRUSTEF~S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR SIGNER IS REPRESENTING: Name of person(s) or entityfins): design, construction and installation of the Public Improvements, (iii) the conveyance of the Main Street Property and (iv) certain other matters as set forth in this Amendment. F. Completing the redevelopment of the Site pursuant to this Amendment and the OPA will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area, in that the Project will: (i) provide a broad range of public service infrastructure improvements to induce private investment in the Old Town Area (as defined in the Old Town Specific Plan); (ii) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Old Town Specific Plan; (iii) promote the expansion of the Project Area's commercial base and local employment opportunities to provide jobs for the area; (iv) assist in the continued development of the Old Town Area as a tourist destination and enhancement of the tourist industry as a major force within the community; and (v) encourage and provide for development of vacant properties and replacement of the older non-historical retail buildings which typif~ the blight conditions which exist in the Project Area. Completing the redevelopment of the Site as proposed by this Amendment and the OPA will also assist in eliminating blight in the Project Area by generating new employment opportunities in the Project Area. G. This Amendment pertains to and affects the ability of the Agency to finance its statutory obligations and for all parties to finance and cany out the purposes of this Amendment and the OPA and the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. ARTICLE II AMENDMENTS TO OPA Section 2.1. Amendment of Section 2.1(A) A. Section 2.1(A)(2) of the OPA shall be mended to delete the "and" between items (5) and (6) and add the following phrase at the end of the paragraph "(7) the Western Bypass Corridor." B. Section 2.1(A)(3) shall be mended to delete the following sentence: "The Western Bypass Corridor will built as part of an assessment district described in Section 4.3 of this Agreement." Section 2.2. Amendment of Section Section 2. 1(B) of the OPA is hereby deleted in its entirety and replaced with the following language: "The Agency and the Participant acknowledge that the Participant will incur substantial cost in the development of the Project. The Agency shall contribute funds to the Participant in the mount of seven million four hundred fifty-eight thousand five hundred and fifty dollars ($7,458,550.) towards development of the Project. The Agency's contribution to the Participant for the Project of this mount is based upon the original contribution of five million nine hundred eighty seven thousand seven hundred dollars ($5,987,700) as described in the OPA and the mount of one million four hundred seventy thousand, eight hundred and fifty dollars ($1,470,850) representing the mount of the assessments for the Western Bypass for certain property owners not related to the Project which the Agency has agreed to pay on their behalf. In partial consideration for RECORDING REQUESTED BY Cox, Castle & Nicholson NAME WHEN RECORDED MAIL TO Julie E. Knipstein, EsQ. 28th Floor - 2049 Century Park East Los Angeles, CA 90067 SPACE ASOVE THIS LINE RESERVED FOR RECORDER'S USE AMENDMENT TO OWNER PARTICIPATION AGREEMENT THIS AMENDMENT TO OWNER PARTICIPATION AGREEMENT (the "Amendment") is entered into on March 26, 1996 by and between the Redevelopment Agency of the City of Temecula (the "Agency") and Temecula Entertainment Valley, Inc. a California corporation (formerly known as T.Z.B.G. Inc.) (the "Participant"). Any terms not defined herein shall have the meaning set forth in the Owner Participation Agreement dated August 31, 1995, by and between the Agency and Participant (the "OPA"). ARTICLE I SUBJECT OF AMENDMENT Section 1.1 Purpose of Amendment A. The Agency and the Participant have entered into the OPA to provide for the redevelopment of the Site (as described on Exhibit 1 hereto) by constructing Entertainment Facilities and Public Facilities (collectively, the "Project") in accordance with the Redevelopment Plan for the Temecula Redevelopment Project Area 1988-1. B. The Agency has agreed under the OPA to contribute funds towards the acquisition of land and the design, construction and installation of the Public Improvements (the "Agency Contribution "). C. The Agency has also agreed to convey certain property, known as the "Main Street Property" (as described on Exhibit 2 hereto) for resale to the Participant for the benefit of the Project. D. The Participant will assign to Fluor Daniel, Inc., a California corporation ("Fluor Daniel"), all of the Participant's obligation under the OPA to design, construct and install the Public Improvements. E. The Agency and the Participant wish to amend certain provisions of the 0PA to amend and clarify their rights and obligations with respect to (i) the Agency Contribution, (ii) the such contribution, the Participant has agreed to develop the Project, and such development will create a public benefit of approximately seven million four hundred fifty-eight thousand five hundred and fifty dollars ($7,458,550), and the Agency shall have the right to receive certain moneys pursuant to Section 4.6 hereof." Section 2.3. Amendment of Section Section 2.2(B) of the OPA is hereby mended by deleting the reference therein to five million nine hundred eighty seven thousand seven hundred dollars ($5,987,700) and replacing it with "seven million four hundred fifo/-eight thousand, five hundred and ~fi3~ dollars ($7,458,550)." Section 2.4. Amendment of Section 2.4(A) The first sentence of Section 2.4(A) of the OPA is hereby deleted in its entirety and replaced with the following language: "The Participant shall defend, indemnify, assume all responsibility for and hold the Agency and the City, and their respective elected and appointed officers and employees, harmless from all costs (including reasonable attorneys fees and costs), claims, demands or liabilities judgments for injury or damage to property and injuries to persons, including death, which may be caused by any of the Participant's activities under this Agreement, whether such activities or performance thereof be by the Participant or anyone directly employed or contracted with by the Participant, and whether such damage shall accrue or be discovered before or termination of this Agreement; provided, however, that the Participant shall not be required to indemnify or hold the Agency harmless for any claims, demands or liabilities judgments relating to the design, construction or installation of the Public Improvements by Fluor Daniel; provided, further that the Participant shall not be required to indemnify or hold Agency harmlass for injuries resulting from the negligence or willful misconduct of the Agency, its elected or appointed officials and employees." Section 2.5. Conveyance of Main Street Property. Article H of the OPA is hereby amended by adding the following language as Section 2.8: "Section 2.8 Conveyance and Purchase of Main Street Prooerty A. The Agency agrees to convey the Main Street Property, located at 41953 Main Street, Temecula, to the Participant. The Participant agrees to purchase the Main Street Property from the Agency and to redevelop the Main Street Property subject to the terms and conditions hereof. The Agency and the Participant agree that the purchase price for the Main Street Property shall be ninety-eight thousand, four hundred eighty-four dollars ($98,484), plus interest on said amount from the date of the purchase by the City of Temecula to the date of conveyance to Participant at the Agency's investment rate (which is the rate of the Local Agency Investment Fund) (the "Main Street Purchase Price"). The Participant shall pay the Main Street Purchase Price to the Agency within five (5) days of the Participant's acceptance of the Main Street Property in accordance with the terms hereof, but not earlier than the date the Agency contributes funds to the Project pursuant to Section 4.2 E., unless the Agency otherwise elects in its discretion. B. The Participant shall be responsible for conducting any due diligence that the Participant deems to be necessary prior to purchase of the Main Street Property. The Participant and the Agency agree that First American Title Insurance Company will provide the title insurance policy Section 2.10. Western Bypass Assessment District ' Section 4.3 of the OPA shall be deleted in its entirety. Section 2.11. Amendment of Section 4.6 A. The introductory sentence of Section 4.6(A)(2) shall be deleted in its entirety and replaced with the following language: "As additional consideration and return for the Agency's contribution of seven million four hundred fifty-eight thousand five hundred and fifty dollars (($7,458,550)) pursuant to Paragraph 2. 1B. and Section 4.2 hereof, following the period of thirty-five (35) years from the date of the closing of the financing of the Entertainment Facilities, a portion of the User Charge shall be paid to the Agency as follows:" B. Section 4.6 is further mended by adding the following new paragraph 4.6 A.2. (d): "(d) The Agency may, in its discretion, assign the right to receive the User Charges described in this Section 4.6 A.2. to the City of Temecula, and the Participant hereby consents to such assignment. In the event the Agency is for any reason unable w receive such User Charge revenues as described in this Section 4.2 A.2., the Participant agrees to pay such User Charge revenues to the City of Temecula." Section 2.12. Assignment to Fluor Daniel The Agency acknowledges and agrees that Participant may, pursuant to Section 1.5 of the OPA, assign to Fluor Daniel, and Fluor Daniel may assume (a) Participant's obligation to design, install and construct the Public Improvements, and (b) Participant's right to receive payment for certain Design Work in the event of termination of the OPA prior to commencement of the construction of the Public Improvements, as set forth in and subject to the limitations on payment for such work as set forth in Section 4.2 G. of the OPA. By execution of this Amendment, the Agency hereby consents to such assignment by Participant and assumption by Fluor Daniel. Section 2.13. Amendment of Exhibit No. 3 Exhibit No. 3 (Description of Public Improvements) to the OP~x :s hereby deleted in its entirety and replaced with the Description of Public Improvements attached as Exhibit 3 hereto. Section 2.14. Change in Name of Participant On February 21, 1996, the Participant's name changed from T.Z.B.G. Inc., a California corporation, to Temecula Entertainment Valley, Inc., a California corporation. The Participant reprasants the change was in name only, and that the officers of the Participant have not changed. By execution of this Amendment, the Agency hereby consents to the change in Participant's name. All references in the OPA to "T.Z.B.G. Inc." shall be deemed to refer to Temecula Entertainment Valley, Inc. Section 2.9. Agency Contribution and Financing of the Public Improvements A. Section 4.2(A) of the OPA is hereby mended by deleting the language contained therein in its entirety and replacing it with the following language: "The Participant shall design, acquire land, construct and install all of the Public Improvements at its sole risk, cost and expense in accordance with the terms of this Agreement. The Agency hereby agrees to cooperate with the Panicipant's efforts to finance the Public Improvements through a community facilities district, the boundaries of which shall include the Site. As specifically provided in Paragraph 2.1B., the Agency shall contribute funds to the Participant in the mount of seven million four hundred eighty dollars ($7,458,550) towards the development of the Project. The Agency's contribution to the Participant for the Project of this mount is based upon the original contribution of five million nine hundred eighty seven thousand seven hundred dollars ($5,987,700) as described in the OPA and the mount of one million four hundred seventy thousand, eight hundred fifty ($ 1 ,470,850), representing the mount of the assessments for the Western Bypass for certain property owners not related to the Project which the Agency has agreed to pay on their behalf." B. The first sentence of Section 4.2(B) is hereby deleted and replaced with the following sentence "Participant shall design the Public Improvements." C. The first sentence in Section 4.203) is hereby deleted and replaced with the following sentence: "Participant shall be solely responsible for all cost overruns or expenses incurred in building the Public Improvements in excess of the Agency's contribution." D. 3ection 4.2CE) shall be mended to read as follows: "E. Agency shall pay the sum specified in Subparagraph A to Participant upon ten (10) business days notice following completion of the following events, provided, however, that such payment shall not be made earlier than sixty (60) days from the date of this Amendment (unless the Agency determines in its sole discretion to make such payment prior to the tolling of such sixty (60) day period): The financing for the Entertainment Facilities has closed or the Agency determines in its sole and unfettered discretion that commitments are in place that assure its closing; and The Participant provides the Agency with fully executed agreements gnaranteeing in a form acceptable to the Agency that (i) the Public Improvements will be built, and (if) providing that an indemnity or indemnities shall be provided in favor of the Agency W the effect that those parties performing work on the Public Improvements will defend, indemnify and hold harmless the Agency for claims arising from the design and construction of the Public Improvements, which agreements for the Public Improvements will be consistent with the provisions of this Article." IN WITNESS WHEREOF, the Agency and the Participant have executed this Amendment as of the dates set opposite their signatures. DATED: REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Patricia H. Birdsall Chairperson A-i-rF~ST: By: JUNE S. GREEK Secretary APPROVED AS TO FORM: DATED: By: PETER M. THORSON General Counsel TEIvlECULA VALLEY, INC. BY~'IvlECUjresV~dent MAN~ EXHIBITI LEGAL DESCRIPTION OF THE ~1'~'~ The area of the Project Site is bounded by the following: Beginning at h~e centerline of Rancho Califoznia Road and the westedy City Limits; thence, sou~heasterly along the City Limit line to its intersection with the centerline of Intestate 15 to the ceSerline of R~m~o California Road; thence, westerly along the centerline of Rancho California Road to the Point of Beginning. EXHIBIT 2 LEGAL DESCR/FI'ION OF MAIN STirgET PROPERTY Lots 9 and 10 of Block 20 of Ton of Temecula, in the County dRiverside, State of California, as per map recorded in Book 15, page 726, of Maps, in the Office of the County Recorder of said County. Together with the Northwesterly 10 feet of Main Street as abandoned by a Resolution of the Board of Supervisors, recorded April 23, 1975, as Instrument No. 46491, and the Southeasterly 1/2 of that certain unnamed alley lying adjacent to said Lots 9 and 10, which would pass by a conveyance of said Lots, said alley being abandoned by a Resolution of the Board of Supervisors recorded February 22, 1980, as Instrument No. 35285, of Official Retards. EXHIBIT 3 DESCRIPTION OF PUBLIC IMPROVEMENTS The public improvements described herein shall include the land acquisition, design and construction of the facilities and shall include all associated and incidental facilities which may or may not be specifically identified in the description unless specifically noted otherwise. OLD TOWN STREET IMPROVEMENTS - FIRST ST. ROAD AND BRIDGE Facilities for Street Improvements as approved by the City of Temecula: Provide a 78 foot wide street right-of-way, 58 feet of roadway pavement in First Street from the Western Bypass Corridor to Front Street including a bridge over Murrietta Creek and traffic signalization at the intersection of Front Street. Provide new intersection configuration at Front St., First St. and Santiago P,d. Preliminary and final design of facilities shall be by the City of Temecula and the design shall be provided to the Community Facilities District CCFD') without additional charge. The design and construction of the utilities as may be required by various utility companies to provide the required services to the proposed Westside development are addressed elsewhere in this Exhibit. City of Temecnla shall be responsible for obtaining and paying for all the permits including the City of Temecnla, U.S. Army Corps of Engineers, California Depathuent of Fish and Game, U.S. Department of Fish and Wild Life, Riverside County Flood Control and any other permits and approvals as may be required, and the CFD shall reimburse the City for the costs of all permits and environmental studies. City of Temecula shall acquire all necessary right of way and shall relocate as required businesses, tenants and property owners. The CFD shall reimburse the City for actual costs of the land and relocations, including the costs of third party contracts for consultants for land acquisition and relocation. OLD TOWN GATEWAY LANDSCAPING PROJECT Facilities for Gateway Landscaping Improvements as approved by the City of Temecula: Provide design and construction of the Old Town Gateway Landscaping improvements as approved by the City. Design shall include trees and other landscaping along the Westside of Front St. between Front St. and (Murrietm Creek) and Rancho California Rd. to the Post Office. Street tree placement shall be in conformance with the Old Town Specific Plan. The City shall acquire the necessary right of way and the CFD shall reimburse the City for the actual costs of the land, including the costs of third party contracts for consultants for land acquisition and relocation. Submit the Landscape Plan to the Harming Department for review and approval. Construct and install the landscaping in accordance with the Landscape Plan and scope of work as approved. The scope of work shall be the design and design administration of improvements and construction and construction administration of the approved design. The approved design shall be such that the entire cost of design, construction, administration and all other associated project costs, as approved the City, do not exceed $83,500. There shall be no obligation to perform any of the scope herein which would result in charges in excess thereof, absent mutual agreement of the parties to increase said allowance. OLD TOWN DEMONSTRATION BLOCK (STREETSCAPE) Facilkies for Streetscape and Landscaping Improvements, including the Front St. Repairs and Upgrades, Front St. Reconstruction and Miscellaneous Street Improvements, as approved by the City of Temecula: Provide design and construction of improvements to existing Old Town public areas, particularly the area of the intersection of Front St. and Main St. Improvements shall include paving, curbs, gutters, sidewalks, landscaping, irrigation, lighting, street furniture and other upgrades as approved by the City. Scope of work shall be the design, design administration, construction and construction administration of improvements ~; an area as designated by the City. The Design scope approved for construction shall be such that the entire cost of design, construction and administration, construction management and all other associated project costs, as approved by the City, do not exceed $698,000. There shall be no obligation to perform any portion of the scope herein which would result in charges in excess thereof, absent mutual agreement of the parties to increase said allowance. Provide a conceptual design and submit to Planning Department for review and approval for the following: iii. Landscaping and Lighting. Public signage, including Gateway entry sign, directional signs and street name pole signs Street improvements to include curb, gutter, sidewalk (boardwalk), paving, street lighting with sound system, street furniture to include wood benches, phone booths, trash receptacles, newspaper racks, mailboxes, bus shelters and drinking fountains, all in general conformance with the Old Town Specific Plan and Circulation Element of the General Plan. Prepare the necessary plans, specifications and a detailed cost estimate for the approved scope of work and submit for review by the City. Construct the facilities as per approved plans and scope of work. Design shall be provided to facilitate the final design and to eliminate potential future drainage problems. ~o~r ~ ~29~ x -12- OLD TOWN SEWER IMPROVEMENTS Determination of need has been based upon the existing facilities, the Ultimate Plan, Old Town Specific Plan and Westside Specific Plan, including Entertainment Facilities. The following facilities for Sanitary Sewer Improvements shall be designed and constructed: Provide a sewer lift station located in the vicinity of First Street and Pujol Street. The lift station will have the capacity to pump approximately 2.6 million gallons per day (MGD). The existing Temecula Lift Station, located adjacent to First Street, west of Frota Street, will be abandoned and a sewer main will be construeted from the lift station to the proposed lift station, located in the vicinity of First and Pujol Streets. The discharge from the proposed lii~ station will be collected with a force main located in Pujol Street, flowing southerly to the beginning of the proposed Western Bypass Corridor Bridge, then by gravity flow across the Bridge southerly to the existing Pala Lift Station. The Frota Street Lift Station will be abandoned and a sewer main will be constructed w deliver the existing flows to the existing Paia Lift Station via the new gravity main at the Western Bypass Bridge. Provide a sewer main in Front Street that extends approximately 1,000 feet northerly from First Street and a sewer main in First Street that extends approximately 900 feet westerly of Pujol Street and extend into the Hotel/Arena site. Size the Westside sewer for ultimate Wastside build out. The City of Temecula and/or Eastern Municipal Water District ("EMWD") shall obtain any right of way necessary to construct the improvements and the CFD shall reimburse the City or EMWD for actual land costs, including the costs of third party contracts for consultants for land acquisition and relocation. Reference attached Exhibit A dated February 28, 1996. Such additional improvements or modifications to the above improvements as approved by EMWD. OLD TOVVN WAI~R SYSTEM Determination of need has been based upon the existing facilities, the Ultimate Plan, Old Town Specific Plan and Westside Specific Plan, including Entertainmeta Facilities. The following facilities for Water System improvements shall be designed and constructed: Provide a water main and appurtenances in Metcedes Street from 2nd Street to Moreno Road with sufficient capacity for all fire protection requirements. New water main shall be fed from existing Front St. water main. nucNwsr 2.~s 2s~s x -13- Provide a water main and appurtenances in First Street from Pujol Street westerly and into the Arena/Hotel Site with sufficient capacity for all fire protection requirements and future development on the Westside site. The City of Temecula and/or Rancho California Water District ('RCWD') shall obtain any right of way necessary to construct the Improvements and the CFD shall reimburse the City or RCWD for actual land costs, including the costs of third party contracts for consultants for land acquisition and relocation. Reference attached Exhibit B dated March 5, 1996. Such additional improvements or modifications to the above improvements as approved by RCWD. OLD TOWN STORM DRAIN IMPROVEMENTS Facilities for Swrm Drain Improvements as approved by the City of Temeeula and Riverside County Flood Control District, if required: Design and construct a SWnn Drain System in Third Street with adequate capacity to drain a portion of residential development east of Interstate 15 (one pick-up point), a portion of the Interstate 15 slope and tributary areas at Mexcedes Street and Front Street. Design and construct a SWrm Drain System in Sixth Street with adequate capacity to drain a portion of residential development east of Interstate 15 (two pick-up points, one in Fourth St. and the other in Sixth St.), a portion of the Interstate 15 slope and tributary areas at Mercedes Street and Front Street. Both swrm drain systems will outlet into Murrietta Creek. Provide the necessary facilities along the systems to accept local drainage. Obtain all necessary penits for the installation of the improvements. Construct the improvements in accordance with the approvals of the City of Temecula and Riverside County Flood Control District ("RCFCD"), if required. The City of Temccula shall obtain any right of way necessary to construct the improvements and the CFD shall reimburse the City for actual land costs, including the costs of third party contracts for consultants for land acquisition and relocation. Reference attached Exhibit C dated March 5, 1996. WESTERN BYPASS AND FIRST STREET STORM DRAIN SYSTEM (to be accepted by RCFCD) Facilities for Storm Drain Improvements as approved by the City of Temecula, for subsequent conveyance to the RCFCD: nucmnr z~n 2s29~ x -14- · Provide a Storm Drainage System for draining the Western Bypass Corridor and adjacent areas outletting into Murrietta Creek. Provide a Storm Drainage System for draining First Street and adjacent areas oufietting into Murrietta Creek. City of Temecula shall be responsible for the design of the facilities as a pan of the Western Bypass and First St. designs and shall be responsible for obtaining all necessary permits. Reference attached Exhibit D, dated March 5, 1996, Phase I Western Bypass Corridor and First St. Storm Drain Index. In the event that RCFCD does not execute the documents required for RCFCD to accept the facilities, the City of Temecula shall inspect and approve the facilities for future conveyance to RCFCD. OLD TOWN STREET IMI'ROVEIVlElVrS - WF_~-r~:RN BYPASS Facilities for Street Improvements as approved by the City of Temecula: Western BirDass Corridor - Provide an g8 foot wide street right-of-way, 33 feet of roadway pavement on each side of a 12 foot median, from SR79/I-15 northerly to Vincent Moraga Drive including a bridge over Murrietta Creek and traffic signalization at the intersection of Front Street. Extend Front St. approximately 100 feet to the new intersection with the Western Bypass. City of Temecula shall design facilities and shall be reimbursed for the cost of the design for the portion constructed by the CFD. City of Temecula shall acquire all necessary right of way and the CFD shall reimburse the City for actual costs of the land, including the costs of third party contracts for consultants for land acquisition and relocation. Vincent Mora~a Drive - Provide a 78 foot wide street right-of-way, 58 feet of roadway pavement from the Western Bypass Corridor easterly past Ridge Park Drive, joining existing Vincent Moraga Drive. Provide a 'Tee' intersection with Ridge Park. Also provide traffic signalization at the intersection of Vincent Moraga Drive and Rancho California Road. City of Temecula shall design facilities and shall be reimbursed for the cost of the design for the portion constructed by the CFD. City of Temecula shall acquire all necessary right of way and the CFD shall reimburse the City for actual costs of the land, including the costs of third party contracts for consultants for land acquisition and relocation. n~".nr 2s6n 2s29~ ~ WF~rI~..N BYPASS NORTH OF VINCENT MORAGA Facilities for the following shall be as approved by the City of Temecula. In the event the City is able to amend the EIR to permit the timely bidding and construction of the Western Bypass north of Vincent Moraga, the following shall be provided: Project shall cot and fill the roadbed for the Western Bypass between Vincent Moraga and Rancho California Rd. using excess material from the construction of the Western Bypass south of Vincent Moraga, First St. and the hotel/arena site. The costs of this effort shall be borne by the CFD as a part of the guaranteed construction effort. The design of the roadbed shall be by the City and the project shall not be required to reimburse the City for this portion of the design. The project shall reimburse the City for costs to acquire right of way for the Northern section regardless of whether or not the EIR is amended. The project shall provide drainage facilities, landscaping, erosion control and all other requirements to provide the cut and fill for the Northern section. The City of Temecula shall reimburse the project, as costs are incurred, for the actual costs of these requirements, including but not limited to all administration, managemere, inspection, testing, overhead and reasonable fees as defined in the Construction Agreement. The City shall accept all responsibility for maintenance of the improvements upon completion of the work. In the event the City is unable to amend the EIR, the project shall either permanently build up the residential area south of First St. and east of the Western Bypass or shall stockpile the maLerial on a vacant parcel north of Vincent Moraga. The City shall take all responsibility to maintain in its natural condition the stockpiled material until used to fill the Northern half of the Western Bypass. In the event construction of the Northern half of the Western Bypass does not commence within 5 years of the completion of the portion south of Vincent Moraga the City shall cause the stockpiled material to be removed in order to return the site to the original condition. 10. MAIN STREET BRIDGE IMPROVEMENTS The Agency shall provide the following: Design improvements to the Main St. Bridge to accommodate its use as a pedestrian bridge and obtain all necessary approvals for same. Construct said improvements. I1. SIXTH grREEr PARKING IMPROVEMENTS The Agency shall provide the following: Construct up to seventy (70) parking spaces available to the public on the site which the Agency owns at Sixth and Front St. for the benefit of the Old Town Area. mr, rant ~n 2s2~ x -16- 12. MAIN STREET FACADES AND NON-CONFORMING SIGN REMOVAL The Agency shall provide the following: · Implement a program for assistance to property and business owners for the improvement of facades and the removal of non-conforming signs. 13. OTHER PROJECTS SHOULD ADDIIIONAL FUNDS BE AVAILABLE Facilities for the following shall be approved by the City of Temecula or appropriate entity: · Main St. pedestrian link from the Old Town project to the Westside Hotel/Arena site. · Dry utilities such as electrical (both primary service routing existing underground), gas, telephone and cable (both new and routing underground). 14. PUBLIC IMPROVEMENTS RATE SCH~:DULE Exhibit E, Compensation and Payment, dated March 5, 1996 supersedes all previously submitted and approved rate schedules and is hereby included in this agreement. n~WST ~7~ ~ ~ -17- ,\ t · WATER LINE EXHIBIT 'B" , E6 ::99V~ HOb"'IGv43ZH3"tLSYJ ~ 68BLLZ~gTS G~:gT 966T/BG/E9 ]'ROI:'(~,e.,D 24" STORM DRAIN 7 PROI'OSF, D DRAIN ,STORM DRAIN / / STORM DRAIN 72 ~f,II PROPOSED DRAIN STORM'DRAIN EXHIBIT 'C' I0 ~9 :99Va I~IN3'LLS~O:43D 688ZZZ~gZE S~:gT 966T/89/S9 'fi3TR, p,ee CO :~3~,~cl ~ U.4::)TN ~ )~CZ:) 689Z.Z.L~GT( 6t,:9T 966T/gO/E:6 EXHIfi'E Ckm, pmn knlmll~slnnmt !" · - ~llld-"- I!teudv RE' '~ onk~laNhNk~mMlforabilteFt,UCHtDANEt. loQItJQndlmiilErildlt~o~tlo FI,UOR~ml011k mmmm, m P88~1 of a, EtlilE 99 39vd N~"II]v~ZN~X~) 688LLZ~gT~ G~:gT gGGT/BG/;6 FemmlmpmdadbyFI,UORDANIeclorxl'M..4, ' -mmmllbedmledai~m IM~mmm~fmmmmmnnUFm~gm~yl~lL~-ec~mEq~mm~fi~NPl~n.m'm emaeehelbe/amliuelOIL 8MncleniEneqmlelonlere(11emlq:dbeeheibecheqledetmlalue 101k IT Ir__Af ~Mltm Umefilmwid~FLUORDMIB. MdmT-~e:~.'h, ssx~4Fdlse(;mrnmmJMbe 1.t0 S2.E0 L6 :gS~d NOS~IN~FIIS~'J XO~ 698~ZL~gT~ G~:gT 9GGT/86/£6 T~. ~,.: ~nl;,(nmedmmypermfm, lmmetg mmemmlml~ Ilee. eMWllle I I.Imxz~lmMae lm R.U~laNael. lm'Ax: &. ~.,d ueeelbeew'ged/emlelm I01L 8el~lmme,,,-~' r,.y. elmmlmXemdemewlbedweeletmetlket011,- M(homeldll=e}laree~eleet 1.11 Cemleerlellml 96 )gYci 66BLLLgeT£ G~:gT 96GT/69/(6 ARTICLE VIII THE TRUSTEE AND AGENTS Section 8.01. Duties, Immunities and Liabilities of Trustee. The Trustee shah perform such duties and only such duties as are specifically set forth in this Indenture and no additional covenants or duties of the Trustee shall be implied in this Indenture, the Regulatory Agreement or otherwise. The Trustee shall, during the existence of any Event of Default (which has not been cured), exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent and reasonable financial trust institution familiar with such matters would exercise or use under similar circumstances in the conduct of such person's own affairs. No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action or its own negligent failure to act, except that: (a) (1) The duties and obligations of the Trustee shall be determined solely by the express provisions of this Indenture, the Trustee shall not be liable except for the performance of such duties and obligations as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee; and (2) in the absence of gross negligence on the part of the Trustee, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificate or opinion furnished to the Trustee conforming to the requirements of this Indenture; but in the case of any such certificate or opinion which by any provision hereof is specifically required to be furnished to the Trustee, the Trustee shah be under a duty to examine the same to determine whether or not it conforms to the requirements of this Indenture; (b) At all times, regardless of whether or not any Event of Default shall exist, (1) the Trustee shall not be liable for any error of judgment made in good faith unless the Trustee was negligent in ascertaining the pertinent facts; and (2) the Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Issuer, accompanied by an opinion of Bond Counsel as provided herein or in accordance with the directions of the holders of not less than a majority, or such other percentage as may be required hereunder, in aggregate principal amount of the Bonds at the time outstanding relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee under this Indenture; (c) Unless the Trustee has actual notice or knowledge, the Trustee shall not be required to take notice or be deemed to have notice of (i) any default hereunder or under the Loan Agreement, except defaults under Section 7.01(a), (b) or (c) hereof, unless a Responsible Officer of the Trustee shall be specifically notified in writing of such default by the Issuer or any Bondowner, or (ii) any default under the RegUlatory Agreement unless a Responsible Officer of the Trustee shall be specifically notified in writing of such default by the Issuer or the Borrower, or (iii) a default under the Deed of Trust unless (x) a Responsible Officer of the Trustee has notice or has duly taken notice of an Event of Default under and as defined in the Loan Agreement, or (y) a Responsible Officer of the Trustee shall lie notified in writing of such default by the Issuer, a Bondowner or the Borrower; 33 OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY ITEM 1 MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY HELD MARCH 12, 1996 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:25 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: 4 ABSENT: 1 BOARD MEMBERS: Ford, Lindemans, Stone, Birdsall BOARD MEMBERS: Roberrs Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR Board Member Stone announced an abstention on Item No. 1. It was moved by Board Member Lindemans, seconded by Board Member Ford to approve Consent Calendar Item No. 1. The motion carried as follows: AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: I BOARD MEMBERS: Roberts ABSTAIN: I BOARD MEMBERS: Stone 1.1 Approve the minutes of February 27, 1996. ADJOURNMENT It was moved by Board Member Lindemans, seconded by Board Member Stone to adjourn at 8:26 PM to a meeting on March 26° 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried with Board Member Roberrs absent. ATTEST: Patricia H. Birdsall, Chairperson June S. Greek, CMC, City Clerk/ Authority Secretary r:~minutes.fa\022796 -2- APPROVAL CITY ATTORNEY DIR. OF FINAN~ CITY MANAGER OLD TOWN/WESTSIDE COMMUNITY FACILITIES DISTRICT FINANCING AUTHORITY AGENDA REPORT TO: FROM: DATE: SUBJECT: Authority Members Ronald E. Bradley, City Manager March 26, 1996 Financings for Old Town Area Public Improvements and the Western Bypass Corridor RECOMMENDATION: That the Old TownANestside Community Facilities District Financing Authority conduct concurrent public hearings on the following: 1 ) The formation of the Old Town/Westside Community Facilities District Financing Authority Community Facilities District No. 1 (Old Town Area Public Improvements) (the "District") and the levy of special taxes therein and; 2) The issuance of bonded indebtedness for the District. BACKGROUND: On February 13, 1996, the Old Town/Westside Community Facilities District Financing Authority (the "Authority") adopted a resolution, amending two resolutions of intention, adopted by the Authority on September 12, 1995. The resolutions of intention called for public hearings on the formation of the District, the levy of special taxes therein and the issuance of bonded indebtedness for the District. The amending resolutions provided that the public hearings, pursuant to the resolutions of intention, would be held on March 26, 1996. The Secretary of the Authority has published notice of the hearings in accordance with applicable law. The Board of Directors will hold the two public hearings concurrently. At the hearings, the testimony of all interested persons or taxpayers, for or against the establishment of the District, the extent of the District, the furnishing of the specified types of facilities to be financed by the District and the issuance of bonds for the District must be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Mello-Roos Community Facilities Act of 1982. If the owners of one-half or more of the area of land in the territory proposed to be included in the District file written protests against the establishment of the District and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Directors cannot take any further action to create the District or levy the special taxes or issue such debt for period of one year from the date of decision of the Board of Directors. If the majority protests of the landowners are only against the furnishing of a type or types of facilities within the District, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the District. R:tNORTONLtAGENDASiFINPH. AGN 03/18/96 A report has been filed by the Executive Director of the Authority with the Authority Secretary, as required by the resolutions of intention, indicating the proposed boundaries of the District, the facilities to be financed by the District and the estimated costs thereof. The land to be included in the District will only include land owned or expected to be owned by the Temecula Entertainment Valley, Inc. (formerly named T,Z.B.G. inc.). The facilities to be financed by the District are the same as those that the Temecula Entertainment Valley, Inc. is obligated to construct pursuant to the Owner Participation Agreement as amended, between it and the Redevelopmerit Agency of the City of Temecula. The principal amount of the bonds to be authorized for the District is that amount expected to be necessary to finance the facilities and pay related bond issuance costs. Finally, the special taxes to be levied in the District will only be levied on property owned or acquired by the Temecula Entertainment Valley, Inc. Staff expects that, at the April 9, 1996 Authority meeting ":e Board of Directors will consider adoption of resolutions necessary to complete the procee;, ~gs to form the District, authorize the issuance of bonds for the District, and hold an election of the interested property owners. At that time, the Board of Directors would consider any protests which arise during the public hearings. R:}NORTONLiAGENDASIRNPH.,~ ?,I 03/~'8/96 OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY MINUTES OF A MEETING OF THE OLD TOWN WESTSIDE IMPROVEMENT AUTHORITY HELD MARCH 12, 1996 A regular meeting of the Old Town Westside Community Facilities District Financing Authority was called to order at 8:26 P.M. at the Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. Chairperson Patricia H. Birdsall presiding. PRESENT: ABSENT: 4 BOARD MEMBERS: Ford, Lindemans, Stone, Birdsall I BOARD MEMBERS: Roberts Also present were Executive Director Ronald E. Bradley, City Attorney Peter Thorson and City Clerk June-S. Greek. PUBLIC COMMENTS None given. CONSENT CALENDAR Board Member Stone announced an abstention. It was moved by Board Member Lindemans, seconded by Board Member Ford to approve Consent Calendar Item No. 1. AYES: 3 BOARD MEMBERS: Ford, Lindemans, Birdsall NOES: 0 BOARD MEMBERS: None ABSENT: I BOARD MEMBERS: Roberts ABSTAIN: I BOARD MEMBERS: Stone Minutes 1.1 Approve the minutes of February 27, 1996. Minutes.otwe\031296 -1 - ADJOURNMENT It was moved by Board Member Stone, seconded by Board Member Lindemans to adjourn at 8:26 PM to a meeting on March 26, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. Patricia H. Birdsall, Chairperson ATTEST: June S. Greek, CMC, City Clerk/ Authority Secretary Minutes.otwa\O31296 ITEM 17 APPROVAL~ CITY ATTORNEY DIR. OF FINANC CITY MANAGER TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT FROM: DATE: SUBJECT: Redevelopment Agency Members Ronald E. Bradley, Executive Director March 26, 1996 Rancho West Apartments Proposed Tax-Exempt Financing PREPARED BY: Genie Roberrs, Director of Finance RECOMMENDATION: That the Redevelopment Agency adopt a Resolution entitled: RESOLUTION NO. RDA 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS AND THE LOAN OF THE PROCEEDS THEREOF TO THE COACHELLA VALLEY HOUSING COALITION, AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND APPROVING OTHER RELATED ACTIONS IN CONNECTION THEREWITH BACKGROUND: On February 13, 1996,the Redevelopment Agency adopted a resolution indicating its intention to issue bonds in order to finance the acquisition and rehabilitation of the Rancho West Apartments by the Coachella Valley Housing Coalition ("CVHC"). The City Council has held a duly noticed public hearing on the issuance of the bonds by the Redevelopment Agency. The Redevelopment Agency is now being requested to adopt a resolution authorizing the issuance of the bonds and approving and authorizing the execution and delivery by the Redevelopment Agency of the documents necessary to complete the issuance and sale of the bonds. The bonds are to be purchased by an affiliate of Bank of America. The tax-exempt financing mechanism represented by the bonds has been used by many redevelopmerit agencies in California as a means of assisting nonprofit corporations such as CVHC to develop housing to fulfill redevelopment agency affordable housing requirements. The proposed bond issue is a mortgage revenue bond secured solely by the real estate and repaid by rental income. The Redevelopmerit Agency is the issuer of the bond, but will have no responsibility to secure the credit or repay the bonded indebtedness. The Redevelopmerit Agency will act solely as the conduit between the purchasers and owners of the bonds and CVHC in order to R:tNORTONLL4GENDA$1CVHCRE$O.AGN 03/18/96 provide this qualified affordable housing project with a tax-exempt interest rate mortgage. All issuance costs, including Bond Counsel fees, will be paid from the proceeds of the bonds or otherwise by CVHC from acquisition funds previously authorized for this project. The primary documents for the bond issue to be approved by the Redevelopmerit Agency include: 1 ) an Indenture of Trust, which is between the Redevelopment Agency and the trustee for the bondowners, and specifies the terms of the bonds and related matters, and which specifically states that the Redevelopmerit Agency is not liable for the repayment of the bonds except from the housing project revenues specifically pledged therefore, 2) a Loan Agreement and related Supplemental Agreement, among the Redevelopmerit Agency, CVHC, the bond trustee and, in the case of the Supplemental Agreement, the owner of the bonds, which provides the terms of the loan of the bond proceeds to CVHC and which contains indemnities by CVHC in respect of costs incurred by the Redevelopmerit Agency related to the housing project, and 3) a Regulatory Agreement and Declaration of Restrictive Covenants, which specifies the low and moderate income housing restrictions that will be imposed on the housing project under State and Federal law as a consequence of the issuance of the bonds. Subject to the completion of negotiations between the purchaser of the bonds and CVHC, it is expected that the bonds will be sold and issued shortly after March 26th. FISCAL IMPACT: None Attachments: Resolution Authorizing Issuance of Bonds Indenture of Trust Loan Agreement Regulatory Agreement and Declaration of Restrictive Covenants Supplemental Agreement R:INORTONLtAGENDASICVHCRESO.AGN 03/~'8/96 RESOLUTION NO. RDA 96- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTIFAMILY HOUSING REVENUE BONDS AND THE LOAN OF THE PROCEEDS THEREOF TO THE COACHELLA VALLEY HOUSING COALITION, AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND APPROVING OTHER ELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") is authorized by Chapter 7.5 of Part I of Division 24 of the Health and Safety Code of the State of California, as amended (the "Act"), to issue and sell revenue bonds for the purpose of providing loans to non-profit organizations for housing purposes specified in the Act; and WHEREAS, Coachella Valley Housing Coalition, a California non-profit public benefit corporation ("the Borrower") has requested that the Agency issue and sell revenue bonds (the "Bonds") under the Act for the purpose of making a loan to the Borrower to enable the Borrower to acquire and rehabilitate a 150-unit multifamily housing development known as Rancho West Apartments located in the City of Temecula (the "Development"); and WHEREAS, a portion of the housing units in the Development will be rented to persons and families of very low income as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, a notice of a public heating with respect to the proposed issuance of the Bond has been published; and WHEREAS, said public heating has been held before the City Council of the City of Temecula, and an opportunity was provided for interested parties to present arguments for and against the issuance of the Bonds, and subsequent to said hearing the City Council adopted a resolution approving the issuance of the Bonds; and WHEREAS, the Agency hereby finds and declares that this resolution is being adopted pursuant to the powers granted by the Act; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the Bonds as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed in due time, form and manner as required by the laws of the State of California, including the Act. NOW, THEREFORE, BE IT RESOLVED, by the Governing Board of the Redevelopment Agency of the City of Temecula as follows: Section 1. The Agency hereby finds and declares that the above recitals are true and COrrect. Section 2. Pursuant to the Act and the Indenture (hereafter defined), revenue bonds of the Agency designated as "Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Raneho West Apartments)" in an aggregate principal amount not to exceed $2,500,000 (the "Bonds") are hereby authorized to be issued. The Bonds shall be executed by the manual or facsimile signature of the Chairman, the seal or facsimile of the seal of the Agency shall be reproduced thereon and attested by the manual or facsimile signature of the Secretary, in the form set forth in and otherwise in accordance with the Indenture. Section 3. The Indenture of Trust (the "Indenture") with respect to the Bonds between the Agency and the trustee identified therein (the "Trustee") in the form presented to this meeting is hereby approve& The Chairman and the Executive Director (the "Designated Officers") are, and each of them acting along is, hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Indenture, and the Secretary is hereby authorized and directed, for and in the name and on behalf of the Agency, to attest the Designated Officer's signature to the Indenture, in said form, with such additions thereto or changes therein as are recommended or approved by the Executive Director upon consultation with Bond Counsel and the Agency's financial advisor, including such additions or changes as are necessary or advisable in accordance with Section 7 hereof; provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $2,500,000 result in an average annual stated interest rate on the Bonds in excess of 10% per annum or result in a purchaser's discount or fee (excluding any original issue discount) in excess of 2.0% of the aggregate principal amount of the Bonds, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the Agency of the Indenture. The date, maturity dates, aggregate principal amount, annual maturity amounts, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Indenture as finally executed. Section 4. The Loan Agreement and the Supplemental Agreement with respect to the Bonds, among, in the case of the Loan Agreement, the Trustee, the Agency, the Borrower and, in the case of the Supplemental Agreement, among the Trustee, the Agency, the Borrower and the purchaser of the Bonds (said agreements being collectively referred to herein as the "Loan Agreement"), in the forms presented to this meeting, are hereby approved. The Designated Officers of the Agency are, and each of them acting alone is, hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Loan Agreement in said forms, with such additions thereto or changes therein as are recommended or approved by the Executive Director upon consultation with Bond Counsel and the Agency's financial advisor, including such additions or changes as are necessary or advisable in accordance with Section 7 hereof, the approval of such additions or changes to be conclusively evidenced by the execution and delivery by the Agency of the Loan Agreement. Section 5. The Regulatory Agreement and Declaration of Restrictive Covenants (the "Regulatory Agreement") among the Agency, the Trustee and the Borrower, in the form presented to this meeting, is hereby approved. The Designated Officers of the Agency are, and each of them acting alone is, hereby authorized and directed for and in the name of and on behalf of the Agency, to execute and deliver the Regulatory Agreement in said form, with such additions thereto or changes therein as are recommended or approved by the Executive Director upon consultation with Bond Counsel and the Agency's financial advisor, including such additions or changes as are necessary or advisable in accordance with Section 7 hereof, the approval of such changes to be conclusively evidenced by the execution and delivery by the Agency of the Regulatory Agreement. Section 6. The Bonds, when executed, shall be delivered to the Trustee for authentication. The Trustee is hereby requested and directed to authenticate the Bonds by executing the Trustee's Certificate of Authentication appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to the purchaser of the Bonds in accordance with written instructions executed on behalf of the Agency by one of the Designated Officers, which instructions such instructions such such officers are, and each of them is, hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver to the Trustee. Such instructions shall provide for the delivery of the Bonds to the purchaser of the Bonds upon payment of the purchase price therefor. Section 7. All actions heretofore taken by the officers and agents of the Agency with respect to the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the Agency, including the Designated Officers, the Treasurer and the Secretary, are hereby authorized and directed, for and in the name and on behalf of the Agency, to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with this Resolution and in order to complete the financing contemplated by the Bonds, including but not limited to those certificates, agreements and other documents described in the Indenture, the Loan Agreement, and the Regulatory Agreement and any deeds, notes, certificates, assignments, agreements or documents as may be necessary to further the purpose hereof or provide additional security for the Bonds or the loan to the Borrower, but which shall not create any obligation or liability of the Agency other than with respect to the revenues and assets derived from the proceeds of the Bonds. Section 8. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, by the Governing Board of the Redevelopment Agency of the City of Temecula at a regular meeting held on the 261h day of March, 1996. ATTEST: Patricia H. Birdsall, Chairperson June S. Greek, Agency Secretary/City Clerk 30050-01 JHH!,v:P.rr:cra 03/05/96 J2086 03/19/96 INDENTURE OF TRUST by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Trustee Dated as of March 1, 1996 Relating to: $ Redevelopment Agency of the City of Temecula Multlfamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments) TABLE OF CONTENTS Section 1.01. Section 2.01. Section 2.02. Section 2.03. Section 2.04. Section 2.05. Section 2.06. Section 2.07. Section 2.08. Section 3.01. Section 3.02. Section 3.03. Section 3.04. Section 4.01. Section 4.02. Section 4.03. Section 4.04. Section 4.05. Section 5.01. Section 5.02. Section 5.03. Section 5.04. Section 6.01. Section 6.02. Section 6.03. Section 6.04. Section 6.05. Section 6.06. Section 6.07. Section 6.08. ARTICLE I DEFINITIONS AND GENERAL PROVISIONS Definitions .................................................................................................................3 ARTICLE I1 THE BONDS Authorization and Terms of the Bonds ....................................................................... 13 Determination of Interest Rate on the Bonds .............................................................. 14 Form of Bonds ..........................................................................................................15 Execution of Bonds .................................................................................................... Transfer and Exchange of Bonds ................................................................................IS Bond Register ...........................................................................................................16 Temporary Bonds .....................................................................................................16 Bonds Mutilated, Lost, Destroyed or Stolen ................................................................ 17 ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS Authentication and Delivery of the Bonds ....................................... : .........................18 Application of Proceeds of Bonds; Borrower Contribution ........................................... 18 Program Fund ..........................................................................................................18 Cost of Issuance Fund ...............................................................................................19 ARTICLE IV REDEMPTION OF BONDS Circumstances of Redemption ...................................................................................20 Selection of Bonds for Redemption .............................................................................21 Notice of Redemption ...............................................................................................21 Partial Redemption of Bonds .....................................................................................21 Effect of Redemption .................................................................................................21 ARTICLE V REVENUES Pledge of Revenues ..................................................................................................23 Bond Fund ...............................................................................................................23 Investment of Moneys ...............................................................................................23 Assignment to Trustee; Enforcement of Obligations ................................................... 24 ARTICLE VI COVENANTS OF THE ISSUER Payment of Principal and Interest ..............................................................................25 Paying Agent ...........................................................................................................25 Preservation of Revenues; Amendment of Documents ............................................... 25 Compliance with Indenture .......................................................................................25 Further Assurances ...................................................................................................25 No Arbitrage ............................................................................................................26 Limitation of Expenditure of Proceeds ........................................................................ 26 Rebate of Excess Investment Earnings to United States ............................................... 26 Section 6.09. Section 6.10. Section 6.11. Section 6.12. Section 6.13. Section 6.14. Section 7.01. Section 7.02. Section 7.03. Section 7.04. Section 7.05. Section 7.06. Section 7.07. Section 7.08. Section 7.09. Section 7.10. Section 7.11. Section 7.12. Section 8.01. Section 8.02. Section 8.03. Section 8.04. Section 8.05. Section 8.06. Section 8.07. Section 8.08. Section 8.09. Section 8.10. Section 8.11. Section 8.12. Section 9.01. Section 9.02. Section 9.03. Section 9.04. Section 9.05. Section 10.01. Section 10.02. Section 10.03. Section 10.04. Limitation on Issuance Costs ......................................................................................26 Federal Guarantee Prohibition ..................................................................................26 Prohibited Facilities ..................................................................................................26 Use Covenant ...........................................................................................................27 Small lssuer Exemption from Bank Nondeductibility Restriction .................................27 immunities and Limitations of Responsibility of Issuer ...............................................27 ARTICLE VII DEFAULT Events of Default; Acceleration; Waiver of Default .....................................................28 Institution of Legal Proceedings by Trustee ................................................................29 Application of Moneys Collected by Trustee ..............................................................29 Effect of Delay or Omission to Pursue Remedy ..........................................................30 Remedies Cumulative ..............................................................................................30 Covenant to Pay Bonds in Event of Default ................................................................30 Trustee Appointed Agent for Bondholders .................................................................30 Power of Trustee to Control Proceedings ....................................................................30 Limitation on Bondholders' Right to Sue ....................................................................31 Limitation of Liability to Revenues ............................................................................31 Notice of Default .......................................................................................................31 Control by Bondowner ..............................................................................................31 ARTICLE VIII THE TRUSTEE AND AGENTS Duties, Immunities and Liabilities of Trustee .............................................................33 Right of Trustee to Rely Upon Documents, Etc ...........................................................35 Trustee Not Responsible for Recitals ..........................................................................35 Intervention by Trustee ............................................................................................36 Moneys Received by Trustee to be Held in Trust .......................................................36 Compensation and Indemnification of Trustee and Agents .........................................36 Qualifications of Trustee ............................................................................................36 Resignation and Removal of Trustee and Appointment of Successor Trustee ............... 37 Acceptance of Trust by Successor Trustee ...................................................................37 Merger or Consolidation of Trustee ............................................................................38 Accounting Records and Reports ...............................................................................38 Dealing in Bonds ......................................................................................................38 ARTICLE IX MODIFICATION OF INDENTURE Modification of Indenture - Specific Events ................................................................39 Modification of Indenture - General ..........................................................................39 Effect of Supplemental Indenture ...............................................................................40 Opinion of Counsel as to Supplemental Indenture ......................................................40 Notation of Modification on Bonds .............................................................................40 ARTICLE X DEFEASANCE Discharge of Indenture ............................................................................................. Discharge of Liability on Bonds .................................................................................41 Payment of Bonds after Discharge of Indenture ..........................................................4] Deposit of Money or Securities with Trustee ...............................................................42 Section 11.01. Section 11.02. Section 11.03. Section 11.04. Section 11.05. Section 11.06. Section 11.07. Section 11.08. Section 11.09. Section 11.10. Section 11.1 1. Section 11.12. Section 11.13. EXHIBIT A EXHIBIT B EXHIBIT C ARTICLE XI MISCELLANEOUS Successors of Issuer ...................................................................................................43 Limitation of Rights to Parties and Bondholders .........................................................43 Waiver of Notice .......................................................................................................43 Destruction of Bonds .................................................................................................43 Separability of Invalid Provisions ..............................................................................43 Notices .....................................................................................................................43 Authorized Representatives ......................................................................................44 Evidence of Rights of Bondholders ............................................................................44 Waiver of Personal Liability ......................................................................................45 Holidays ..................................................................................................................45 Execution in Several Counterparts .............................................................................45 Governing Law ........................................................................................................45 Arbitration ...............................................................................................................45 FORM OF BOND FORM OF INVESTOR LETTER MONTHLY PRINCIPAL AMORTIZATION TABLE INDENTURE OF TRUST THIS INDENTURE OF TRUST, dated as of March 1, 1996, by and between the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, duly organized and existing under the laws of the State of California (herein called the "lssuer"), and FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, and being qualified to accept and administer the trusts hereby created (herein called the "Trustee"), WITNESSETH: WHEREAS, the Issuer has determined to engage in a program of financing the acquisition of multifamily rental housing by means of making loans to nonprofit organizations pursuant to Chapter 7.5, commencing with Section 33740, of Part 1 of Division 24 of the Health and Safety Code of the State of California (the "Act"), and has determined to borrow money for such purpose by the issuance of revenue bonds as authorized by the Act; and WHEREAS, all conditions, things and acts required by the Act, and by all other laws of the State of California, to exist, have happened and have been performed precedent to and in connection with the issuance of the Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments) (the "Bonds") exist, have happened, and have been performed in due time, form and manner as required by law, and the Issuer is now duly authorized and empowered, pursuant to each and every requirement of law, to issue the Bonds for the purpose, in the manner and upon the terms herein provided; and WHEREAS, the Issuer has duly entered into a loan agreement (the "Agreement" or the "Loan Agreement") with the Trustee and The Coachella Valley Housing Coalition, a California nonprofit public benefit corporation (the "Borrower"), and a Supplemental Agreement (the "Supplemental Agreement") among the Issuer, the Trustee, the Borrower and the initial owner of the Bonds, specifying the terms and conditions of the lending of the proceeds of the Bonds (the "Loan") to the Borrower for the financing of the multifamily rental housing development known as Rancho West Apartments located in the City of Temecula (the "Project"); and WHEREAS, in order to provide for the authentication and delivery of the Bonds, to establish and declare the terms and conditions upon which the Bonds are to be issued and secured and to secure the payment of the principal thereof and of the interest and premium, if any, thereon, the Issuer has authorized the execution and delivery of this Indenture; and WHEREAS, all acts and proceedings required by law necessary to make the Bonds, when executed by the Issuer, authenticated and delivered by the Trustee and duly issued, the valid, binding and legal limited obligations of the Issuer, and to constitute this Indenture a valid and binding agreement for the uses and purposes herein set forth, in accordance with its terms, have been done and taken; and the execution and delivery of this Indenture have been in all respects duly authorized. NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of, and the interest and premium, if any, on, all Bonds at any time issued and outstanding under this Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and for and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the owners thereof, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Issuer covenants and agrees with the Trustee, for the equal and proportionate benefit of the respective registered owners from time to time of the Bonds, as follows: ARTICLE I DEFINITIONS AND GENERAL PROVISIONS Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.01 shaH, for all purposes of this Indenture and of the Loan Agreement and of any indenture supplemental hereto or agreement supplemental thereto, have the meanings herein specified, as follows: The term "Act" shall mean Chapter 7.5, commencing with Section 33740, of Part 1 of Division 24 of the Health and Safety Code of the State of California. The term "Act of Bankruptcy" shall mean the filing of a petition in bankruptcy (or other commencement by the Borrower of a bankruptcy or similar proceeding) by or against the Borrower under any applicable bankruptcy, insolvency or similar law as now or hereafter in effect; provided that any filing of a petition against the Borrower (or other involuntary commencement of a bankruptcy or similar proceeding) shall not constitute an Act of Bankruptcy if a court of competent jurisdiction dismisses such petition (or such proceeding) within sixty (60) days of the filing thereof. The term "Agreement" or "Loan Agreement" shah mean the Loan Agreement, of even date herewith, among the Issuer, the Borrower and~ the Trustee as originally executed, and as supplemented by the Supplemental Agreement so long as such Supplemental Agreement is in effect, or as it may from time to time be further supplemented or amended. The term "Annual Debt Service" shall mean the scheduled amount of interest and amortization of principal payable on the Bonds during any annual period of computation, excluding amounts scheduled during such annual period which relate to the principal that has been retired before the beginning of such period. The term "Authorized Amount" shall mean the authorized principal amount of the Bonds. Million Dollars ($. The term "Authorized Borrower Representative" shall mean any person who at the time and from time to time may be designated as such, by written certificate furnished to the Issuer and the Trustee containing the specimen signature of such person and signed on behalf of the Borrower by a duly authorized representative of the Borrower, which certificate may designate an alternate or alternates. The term "Authorized Denominations" shall mean $1,000 or any integral multiple of $500 in excess thereof. The term "Authorized Issuer Representative" shall mean the Executive Director, the Treasurer or the Secretary of the Issuer, or any other person designated to act in such capacity by a Certificate of the Issuer containing the specimen signature of any of such persons, which certificate may designate an alternate or alternates. The term "Bank Affiliate" means Bank of America, FSB, a Federal Savings Bank, and any affiliate, subsidiary or holding company thereof, or entity under common control or ownership therewith. 3 The term "Bank Qualified" means that the Bonds are "qualified tax-exempt obligations" within the meaning of section 265(b)(3) of the Code such that in the case of certain financial institutions (within the meaning of section 265(b)(5) of the Code), a deduction for federal income tax purposes is allowed for 80 percent of that portion of such financial institution's interest expense allocable to interest payable on the Bonds. The term "Bond Counsel" shall mean any attorney at law or firm of attorneys selected by the Issuer and acceptable to the Trustee, of nationally recognized standing in matters pertaining to the federal tax status of interest on bonds issued by states and political subdivisions, and duly admitted to practice law in California and before the highest court of any state of the United States of America, but shall not include counsel for the Borrower or any Bondowner. The term "Bond Fund" shall mean the fund established pursuant to Section 5.02 hereof. The term "Bonds" shall mean the Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments), issued and outstanding hereunder. The term "Bond Year" means the one-year period beginning on April 2 in each year and ending on the day prior to April 2 in the following year, except that the first Bond Year shall begin on the Closing Date and end on April 1, 1997. The term "Borrower" shall mean (i) The Coachella Valley Housing Coalition, a California nonprofit public benefit corporation, and (ii) subject to the provisions of Section 5.02 of the Agreement, its successors and assigns. The term "Business Day" shall mean any day other than a Saturday, Sunday, legal holiday, or day on which banking institutions in the State of California are authorized or obligated by law or executive order to dose. The term "Certificate of the Issuer" shall mean a certificate of the Issuer signed by an Authorized Issuer Representative. The term "Certified Resolution" shall mean a copy of a resolution of the Issuer certified by the Secretary of the Issuer, or by any Assistant thereof, to have been duly adopted by the Governing Board of the Issuer and to be in full force and effect on the date of such certification. The term "CIP" means the Federal Home Loan Bank Community Investment Program. The term "Closing Date" shall mean March __, 1996 the date of initial issuance and delivery of the Bonds. The term "Code" shall mean the Internal Revenue Code of 1986, as amended, and the Regulations thereunder, or any successor to the Internal Revenue Code of 1986, as amended. The term "Completion Date" shall mean the date of completion of the rehabilitation of the Project, as certified to the Trustee, the Majority Owner and the Agency by *~he Borrower. The term "Continuing Disclosure Certificate" shall mean that certain Continuing Disclosure Certificate executed by the Borrower, dated the Closing Date, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The term "Cost of Issuance Fund" shall mean the fund established pursuant to Section 3.04. The term "Debt Service" means the scheduled amount of interest and amortization of principal payable on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal that has been retired before the beginning of such period. The term "Deed of Trust" shall mean (A) collectively, (i) the Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing (California), dated as of March 1, 1996 by the Borrower for the benefit of the Trustee, and (ii) the Security Agreement, dated as of March 1, 1996 of between the Borrower and the Trustee, as such documents may be originally executed or as from time to time amended or supplemented; and (B) any other deed of trust securing the obligations of the Borrower under the Loan Agreement, as such deed of trust may be originally executed or as from time to time supplemented and amended, together with any assignment of leases and rents or other security instrument related thereto. The term "Event of Default" as used herein shall have the meaning specified in Section 7.01 hereof. The term "Event of Taxability" has the meaning ascribed to such term in Section 4.1 U. of the Supplemental Agreement. The term "Excess Interest Amount" shall have the meaning given such term in Section 2.02(c)(ii). The term "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) ff the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if (i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code, (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code, (lid the investment is a United States Treasury Security-State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt, or (iv) the investment is the Local Agency Investment Fund of the State of California but only if at all times during which the investment is held its yield is reasonably expected to be equal to or greater than the yield on a reasonably comparable direct obligation of the United States. The term "Funding Requisition" shall mean the requisition form requesting disbursement of moneys from the Program Fund in the form attached to the Loan Agreement as Exhibit B. The term "Gross Proceeds" means the amounts described in Section 1.148-1(b) of the Regulations. The term "Gross Revenues" shall mean all receipts, revenues, income and other moneys received by or on behalf of the Borrower and derived from the ownership or operation of the Project, including insurance and condemnation proceeds with respect to the Project or any portion thereof, and all rights to receive the same, whether in the form of accounts, accounts receivable, contract rights or other rights, and the proceeds of such rights, and whether now owned or held or hereafter coming into existence. Notwithstanding the foregoing, Gross Revenues shall not include tenant security deposits deposited to an impound account or 5 accounts until such time as such deposits may be lawfully applied by the Borrower to the payment of costs of the Project. The term "holder" or "Bondholder" or "owner" or "Bondowner" shall mean the person in whose name any Bond is registered. The term "Indebtedness" shall mean all indebtedness of the Borrower for borrowed moneys or which has been incurred or assumed in connection with the acquisition, rehabilitation or operation of the Project, and all indebtedness or financial obligations, no matter how created, secured by the Project, whether or not such indebtedness is assumed by the Borrower. Notwithstanding the foregoing, Indebtedness shall not include (i) any requirement to pay principal of, premium, if any, or interest on any obligation to the extent that Irrevocable Deposits sufficient to pay such principal of, premium, if any, or interest have been made, or (ii) accounts payable or other obligations of the Borrower incurred in the ordinary course of business, which obligations are not required to be capitalized in accordance with generally accepted accounting principles. The term "Indenture" shah mean this Indenture, as originally executed or as it may from time to time be supplemented, modified or amended by any supplemental indenture entered into pursuant to the provisions hereof. The term "Initial Rate" shall mean % per annum. The term "Interest Payment Date" shall mean the first Business Day of each calendar month, commencing May 1, 1996. The term "Interest Period" shall mean each monthly period commencing on the first Business Day of each calendar month and ending on the day prior to the first Business Day of the next succeeding calendar month, except the first Interest Period will commence on the Closing Date and end on April 30, 1996. The term "Investment Property" means any security (as said term is defined in section 165(g)(2)(A) or (B) of the Code), obligation, annuity or investment-type property, excluding, however, obligations the interest on which is excluded from gross income under section 103 of the Code. The term "Investment Securities" shall mean the following obligations as and to the extent that such obligations are, at the time of investment, legal investments for moneys held hereunder and then proposed to be invested therein, and only to the extent that the same are acquired at Fair Market Value: (1) direct obligations of the United States of America (including obligations issued or held in book-entry form on the books of the Department of the Treasury of the United States of America or any Federal Reserve Bank) or obligations the timely payment of the principal of and interest on which are fully guaranteed by the United States of America, including instruments evidencing an ownership in obligations described in this clause (1), such as CATs, TIGRs, Treasury Receipts and Stripped Treasury Coupons; (2) obligations, debenture. s, notes or other evidence of indebtedness issued or guaranteed by Government National Mortgage Association; (3) repurchase agreement represented by written agreement in commercially reasonable form (i) with any corporation or other entity that fails under the jurisdiction of the Bankruptcy code provided that (a) the term of such repurchase agreement is less than one year or due on demand, (b) the Trustee or third-party acting solely as agent for the Trustee has possession of the collateral, (c) the market value (marked to market weekly) of the collateral is maintained at an amount equal to at least one hundred two percent (102%) of the amount of cash transferred by the Trustee to the dealer bank or securities firm under the repurchase agreement plus interest, (d) failure to maintain the requisite collateral levels will require the Trustee to liquidate the collateral immediately, (e) the repurchase securities are either obligations of, or fully guaranteed as to principal and interest by, the United States of America, and the repurchase securities are free and clear of any third-party lien or claim; and (ii) with financial institutions including the Trustee and its affiliates insured by the Federal Deposit Insurance Corporation or any broker-dealer with "Retail customers" which falls under the jurisdiction of the Securities Investors Protection Corporation CSIPC") provided that (a) the requirements specified in clause (i) (b), (c), (d) and (e) are met, (b) the Trustee has perfected a first priority security interest in the collateral and (c) the collateral is free and clear of third-party liens and, in the case of a SIPC broker, was not acquired pursuant to a repurchase agreement or reverse repurchase agreement; (4) negotiable certificates of deposit or bankers acceptances with a maximum term of one year and a maximum aggregate principal amount of $100,000 (not to exceed one (1) per institution) of any bank or trust company (including the Trustee and its affiliates) which has unsecured, uninsured and unguaranteed obligations rated in the highest short-term rating category maintained by a Rating Agency; (5) obligations the interest on which is excluded from gross income for federal income tax purposes pursuant to the Code for which a Rating Agency maintains a rating at least, at the time of investment, equal to the highest short term rating category maintained by such Rating Agency; (6) receipts representing a direct interest in Investment Securities described in clause (1) or (2) of this definition; (7) commercial paper rated, at the time of investment, in the highest rating category maintained by a Rating Agency and issued by corporations organized and operating within the United States; (8) collateralized investment agreements or other collateralized contractual arrangements with corporations, financial institutions or national associations within the United States fully secured by collateral security described in clause (1) or (2) of this definition and rated, at the time of investment, in one of the two highest rating categories maintained by a Rating Agency; (9) shares in money market sweep accounts of the Trustee and its affiliates, invested solely in Investment Securities described in clause (1) hereof or repurchase agreements collateralized with Investment Securities described in clause (1); and (10) any other investment approved in writing by the owners of a majority in principal amount of the Bonds then Outstanding. The term "Investor Letter" has the meaning given such term in Section 2.05(b) hereof. The term "Irrevocable Deposit" shall mean the irrevocable deposit in escrow of cash or Investment Securities defined in subsection (1) of the definition thereof, in an amount and under terms sufficient to pay all or a specified portion of the principal of, premium, if any, and the 7 interest on, as the same will become due, any Indebtedness which would otherwise be considered outstanding. The escrow agent shall have possession of any securities (other than book entry securities) and may be the Trustee and its affiliates or any other independent entity with trust powers authorized to act in such capacity. The term "Issuance Costs" means all costs and expenses of issuance of the Bonds, including, but not limited to: (i) counsel fees, including bond counsel, Borrower's counsel, counsel to the purchaser of the Bonds and Issuer attorney fees, as well as any other specialized counsel fees incurred in connection with the issuance of the Bonds or the Loan; (ii) the Issuer's fees and expenses incurred in connection with the issuance of the Bonds, including the fees of any financial advisor to the Issuer; (iii) Trustee's fees and expenses and Trustee's counsel fees; and (iv) publication costs associated with the financing proceedings. The term "lssuer" shall mean the Redevelopment Agency of the City of Temecula, the issuer of the Bonds hereunder, and its successors and assigns as provided in Section 11.01. The term "Late Charge" shall mean an amount equal to five percent (5%) of any payment due, which payment has not been made within five (5) days of the date such payment is due. The term "Loan" shall mean the loan made by the Issuer to the Borrower pursuant to the Agreement for the purpose of financing the Project. The term "Loan Agreement" shall mean the Agreement as defined herein. The term "Loan Documents" means, collectively, the Loan Agreement, the Note, the Deed of Trust and any other agreement executed by the Borrower in connection with the making or the repayment of the Loan or its obligations under the Loan Agreement. The term "Majority Owner" means the owner of a majority in aggregate principal amount of the Bonds then Outstanding. For purposes of this definition, the Original Purchaser and any Bank Affffiate shall be considered as one and the same entity, and Bonds owned by any Bank Affffiate shah be considered for such purpose to be owned by Bank of America, FSB, a Federal Savings Bank. Bank of America, FSB, a Federal Savings Bank, is the Original Purchaser and the initial Majority Owner. The term "Maximum Annual Debt Service" shah mean, as of any date of calculation, the highest principal and interest payment requirements on all Bonds and Indebtedness outstanding for the current or any succeeding calendar year, excluding the amount of interest on such Indebtedness payable in such period from the proceeds of such Indebtedness deposited with a trustee for such purpose and excluding such Indebtedness for the payment of which an Irrevocable Deposit has been made. In addition, if interest on any Indebtedness is payable pursuant to a variable interest rate formula or is otherwise incapable of determination, such Indebtedness shall be assumed to bear interest at a fixed rate equal to the average of the daily interest rate on such Indebtedness during the twelve months preceding the calculation or during such time as the Indebtedness has been outstanding if less than twelve months, and if such Indebtedness is not at the time of calculation outstanding, it shall be deemed to have borne interest at a fixed rate determined in writing delivered to the Trustee by a financial consultant selected by the Borrower and acceptable to the owners of a majority in principal amount of the Outstanding Bonds. The term "Maximum Lawful Rate" means twelve percent (12%) per year (computed on the basis of a 360 day year and the actual number of days elapsed); provided, however, that the Trustee shall designate a higher rate than twelve percent (12%) per year as the Maximum Lawful Rate, if it receives: (i) a written request of a Bondowner to so increase the Maximum Lawful Rate, indicating the proposed higher Maximum Lawful Rate; and (ii) an opinion of Bond Counsel to the effect that the designation of such higher Maximum Lawful Rate will not violate any provision of any law applicable to the Bonds or the Loan. The term "Net Proceeds", when used with respect to any insurance proceeds or condemnation award, shall mean the amount remaining after deducting from the gross proceeds thereof all expenses (including attorneys' fees) incurred in the collection of such proceeds or award. The term "Net Proceeds", when used with respect to the Bonds, means the proceeds of the Bonds received by or for the Issuer on the Closing Date, less Bond proceeds used to pay Issuance Costs. The term "Note" means the promissory note of the Borrower evidencing the Loan, in the form of Exhibit A to the Loan Agreement. The term "Opinion of Counsel" shall mean a written opinion of counsel, who may be counsel for the Issuer or Bond Counsel or counsel for the Trustee, and who shall be acceptable to the Trustee and the Majority Owner. The term "Original Purchaser" means Bank of America, FSB, a Federal Savings Bank, as the purchaser of the Bonds from the Issuer on the Closing Date. In addition, for purposes hereof and of the Loan Agreement at any time af'cer the Closing Date, "Original Purchaser" shall include any Bank Affiliate which is an owner of the Bonds. The term "outstanding" or "Outstanding", when used as of any particular time with reference to Bonds, shall, subject to the provisions of Section 11.08(e), mean all Bonds theretofore authenticated and delivered by the Trustee under this Indenture except: (a) Bonds theretofore canceled by the Trustee or surrendered to the Trustee for cancellation; (b) Bonds for the payment or redemption of which moneys or securities in the necessary amount (as provided in Section 10.04) shall have theretofore been deposited with the Trustee (whether upon or prior to the maturity or the redemption date of such Bonds); provided that, if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in Article IV provided or provision satisfactory to the Trustee shall have been made for the giving of such notice; and (c) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Trustee pursuant to the terms of Section 2.05 or 2.07. The term "person" or "Person" shah mean an individual, a corporation, a partnership, a trust, an unincorporated organization or a government or any agency or political subdivision thereof. The term "Principal Office" shall mean the principal corporate trust office of the Trustee located at the address set forth in Section 11.06 hereof, or at such other place or places as the Trustee shah designate by notice given under said Section 11.06. The term "Program Fund" shall mean the fund established pursuant to Section 3.03. The term "Project" shall mean the multifamily rental housing development consisting of 150 residential dwelling units built in two story stucco structures on 10.6 acres and subordinate 9 and related facilities known as Rancho West Apartments, located in the City of Temecula, including structures, buildings, fixtures or equipment, as it may at any time exist, the acquisition, rehabilitation and operation of which facilities are to be financed, in whole or in part, from the proceeds of the sale of the Bonds and any structures, buildings, fixtures or equipment acquired in substitution for, as a renewal or replacement of, or a modification or improvement to, all or any part of such facilities. The term "Project Costs" means, to the extent authorized by the Act, the Code and the Regulations, any and all costs and expenses incurred by the Borrower or the Issuer with respect to the acquisition, financing, rehabilitation, operation and/or repair of the Project, whether paid or incurred prior to or after the Closing Date, including, without limitation, costs for the acquisition of property, the cost of consultant, accounting and legal services, other expenses necessary or incident to determining the feasibility of the Project, and administrative expenses. The term "Qualified Project Costs" shall mean Project Costs, including working capital of the Borrower for use in connection with financial needs arising from the acquisition, rehabilitation and operation of the Project, but specifically excluding costs and expenses for portions of the Project to be used for activities constituting an "unrelated trade or business" of the Borrower as defined in section 513(a) of the Code; provided, however, that Issuance Costs and costs or expenses paid or incurred which were not reasonably expected to be financed or refinanced with the proceeds of the Bonds are not Qualified Project Costs. The term "RatlnK Agency" shall mean Standard & Poor's, a division of McGraw-Hill, Inc. a New York Corporat~ or its successors or assigns, and/or Moody's Investors Service or its successors or assigns. The term "Record Date" shall mean, with respect to each Interest Payment Date, the close of business on the fifteenth (15th) day of the month (whether or not a Business Day) before such Interest Payment Date. The term "Redemption Premium" means an amount, determined by the Majority Owner, equal to the sum of the following: (i) $250; plus (ii) the sum of the fees calculated separately for each month of the term of the Bonds remaining to the next to occur of the Reset Date or, if the Reset Date has already occurred, April 1, 2016, as follows: (a) subtract the Federal Home Loan Bank Consolidated Obligation Rate from the Cost of Funds Rate; ~b) divide the difference of (a) by twelve (12); (c) multiply the quotient of (b) by the principal amount to be prepaid; (d) discount the products from (c) using the Federal Home Loan Bank Consolidated Obligation Rate and the term remaining for each sinking fund payment of the Bonds being prepaid; (e) add the discounted monthly differences from the amount calculated in (d); if the sum is equal to zero dollars ($0) or less, (ii) is $0; plus (iii) an amount equal to all costs and expenses the Majority' Bondowner reasonably expects that the Bondowners will incur in liquidation and reinvestment of the prepaid principal of the Bonds. As used in the preceding sentence, the following terms have the following meanings: (1) Cost of Funds Rate means the fixed rate of ( %) percent per annum, as quoted by the Federal Home Loan Bank for FHLB-CIP matched maturity advances to its members. (2) Federal Home Loan Bank Consolidated Obligation Rate means the fixed interest rate per annum for obligations with essentially the same characteristics as the amount being prepaid, determined and quoted by the Federal Home Loan Bank. If the Federal Home Loan Bank Consolidated Obligation Rate is no longer available or quoted by the Federal Home Loan Bank on the date of prepayment, the Federal Home Loan Bank Consolidated Obligation Rate will be the fixed interest rate per annum, determined solely by the Majority Bondowner on the date of prepayment (i) that the Majority Bondowner could obtain by investing funds in the Money Market (if 10 the date upon which payment is due for that sinking payment installment is less than five (5) years from the date of the prepayment), or (ii) that reflects the Treasury Rate plus one quarter (0.25%) of one percentage point (if the date upon which payment is due for that sinking payment installment is more than five (5) years from the date of the prepayment), and that approximates a period of time starting on the date of the prepayment and ending on the date of Prepaid Installment was originally scheduled to be repaid (or the nearest month thereafter if a quoted rate for that term is not readily available) under the terms of this Indenture and the Bonds. The Majority Owner is under no obligation to actually reinvest any prepayments. (3) Banking Day means a day, other than a Saturday or a Sunday, on which the Majority Owner is open for business for all banking functions. (4) Money Market means one or more wholesale funding markets available to the Majority Owner, including domestic negotiable certificates of deposit, eurodollar deposits, bank deposit notes or other appropriate money market instruments selected by the Majority Owner. (5) Treasury Rate means the Asked Yield on United States Treasury Bonds or Notes, as reported in The Wall Street |ournal. If The Wall Street Iournal ceases to exist or ceases to or does not then report this yield, the Majority Owner, in its absolute discretion, will designate the use of the yield of the United States Treasury Bank or Note, as described above, in any periodic publication of general circulation the Majority Owner designates in its absolute discretion. (6) Prepaid Installment means a prepayment of the principal of the Bonds other than a regularly scheduled sinking fund payment under Section 4.01 (d) hereof. (7) FHLBoCIP Advance Index means the rate at which the Federal Home Loan Bank advances funds to its members for its Community Investment Program for a period of time that is (__) years after the Reset Date. If the FHLB-CIP Advance Index ceases to exist or is no longer available or quoted by the Federal Home Loan Bank, the Majority Owner will use the rate of a comparable source, as reported on the Reset Date, in any periodic publication of general circulation the Majority Owner designates in its absolute discretion. The term "Regulations" means the Income Tax Regulations promulgated or proposed by the Department of the Treasury pursuant to the Code from time to time or pursuant to any predecessor statute to the Code. The term "Regulatory Agreement" shah mean the Regulatory Agreement and Declaration of Restrictive Covenants of even date herewith, by and among the Issuer, the Trustee and the Borrower, required to be executed, delivered and recorded with respect to the Project pursuant to Section 5.07 of the Loan Agreement. The term Reserve Account" shall mean the account established pursuant to Section 4.1 R. of the Supplemental Agreement. The term "Reset Date" means April 1, 2006. The term "Reset Rate" means the Federal Home Loan Bank (Seattle office) ten (10) year fixed CIP rate plus 0.3% per annum, as of April 1, 2006. In the event that such rate is not available on such date, the rate shall be an equivalent thereof selected by the Majority Owner. Notwithstanding the foregoing, in no event shah the Reset Rate exceed the Maximum Lawful Rate. The term "Revenues" shall mean all amounts pledged hereunder to the payment of principal of, premium, if any, and interest on the Bonds, consisting of the following: (i) any repayments of the Loan required or permitted to be made by the Borrower pursuant to Section 4.02(a) or 8.01 of the Loan Agreement, and (ii) any amounts obtained through the exercise of remedies provided in the Loan Agreement upon the occurrence of an event of default thereunder; but such term shall not include payments to the United States, the Issuer or the Trustee pursuant to Sections 2.04, 4.02(b), 4.02(c), 4.02(d), 7.03, 9.02 and 9.03 of the Agreement or Sections 6.08 and 8.06 hereof or Sections 16 or 23 of the Regulatory Agreement. The term "State" means the State of California. The term "Supplemental Agreement" means the Supplemental Agreement of even date herewith by and among the Issuer, the Borrower, the Trustee and the Original Purchaser, as in effect on the Closing Date or thereafter amended in accordance with its terms. The term "supplemental indenture" or "indenture supplemental hereto" shah mean any indenture hereafter duly authorized and entered into between the Issuer and the Trustee in accordance with the provisions of this Indenture. The term "Trustee" shall mean First Trust of California, National Association, a national banking association organized under the laws of the United States of America, or its successor as Trustee hereunder. The terms "Written Consent", ''written Demand'; ''written Direction", ''written Election", "Written Notice", ''written Order", "Written Request" and "Written Requisition" of the Issuer or the Borrower shall mean, respectively, a written consent, demand, direction, election, notice, order, request or requisition signed on behalf of the Issuer by an Authorized Issuer Representative, or on behalf of the Borrower by an Authorized Borrower Representative. .c2.Section 1.02. Rules of Construction,; (a) The singular form of any word used herein, including the terms defined in Section 1.01, shall include the plural, and vice versa, unless the context otherwise requires. The use herein of a pronoun of any gender shah include correlative words of the other genders. (b) All references herein to "Articles", "Sections" and other subdivisions hereof are to the corresponding Articles, Sections or subdivisions of this Indenture as originally executed; and the words "herein", 'hereof', "hereunder" and other words of similar import refer to this Indenture as a whole and not to any particular Article, Section or subdivision hereof. (c) The headings or titles of the several Articles and Sections hereof, and any table of contents appended to copies hereof, shah be solely for convenience of reference and shall not affect the meaning, construction or effect of this Indenture. 12 ARTICLE II THE BONDS Section 2.01. Authorization and Terms of the Bonds. (a) Authorization. There are hereby authorized to be issued bonds of the Issuer designated as "Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments)" in the aggregate principal amount of the Authorized Amount. No Bonds may be issued hereunder except in accordance with this Article. The maximum aggregate principal amount of Bonds which may be issued and outstanding under this Indenture shall not exceed the Authorized Amount, exclusive of Bonds executed and authenticated as provided in Section 2.08. (b) Terms of Bonds. The Bonds shall be issuable only as fully registered Bonds, without coupons, in Authorized Denominations, and shah be numbered from one upward, in the order of their authentication, with any other designation as the Trustee deems appropriate. The Bonds shah be dated the Closing Date, and shall bear interest payable on each Interest Payment Date at the rate of interest determined pursuant to Section 2.02. The Bonds shall be issued as one term bond maturing on April 1, 2016. Each Bond shall bear interest from the date to which interest has been paid on the Bonds next preceding the date of its registration, unless it is registered as of an Interest Payment Date for which interest has been paid or after the Record Date in respect thereof, in which event it shah bear interest from such Interest Payment Date, or unless it is registered on or before the Record Date for the first Interest Payment Date, in which event it shall bear interest from its date. Any such interest not paid or duly provided for when due shall forthwith cease to be payable to the owner on the regular Record Date therefor and shah be paid to owner in whose name the Bond is registered at the close of business on a special record date for the payment of such defaulted interest to be fixed by the Trustee, notice of which shah be given to the owners by first-class mail not less than ten (10) days prior to such special record date. Interest on the Bonds will be calculated on the basis of the actual number of days elapsed and upon a 360 day year. Both the principal and redemption price, including any premium, of the Bonds shah be payable by check in lawful money of the United States of America only upon presentation thereof at the Principal Office of the Trustee. Payment of the interest on any Bond shall be made in lawful money of the United States of America to the person appearing on the bond registration books of the Trustee as the registered owner thereof on the applicable Record Date, such interest to be paid by check mailed on the Interest Payment Date by first class mail, postage prepaid, to the registered owner at its address as it appears on such registration books, except that the Trustee will, at the request of any registered owner of $1,000,000 or more in aggregate principal amount of Bonds, make payments of interest on such Bonds by wire transfer to the account within the United States designated by such owner to the Trustee in writing at least fifteen (15) days before the Record Date for such payments, any such designation to remain in effect until withdrawn in writing. Notwithstanding the foregoing, so long as the Original Purchaser or any Bank Affiliate is the owner of any of the Bonds, all payments of principal, premium, if any and interest on the Bonds registered in its name shah be made to such owner by wire transfer prior to 1:30 p.m., Pacific Standard Time, on the date payment is due, without any requirement for surrender of such Bonds to the Trustee, according to wire instructions provided by such owner at least two Business Days prior to the date of payment on the Bonds. Such wire instructions may be 13 changed by any such Bondowner by written instrument delivered to the Trustee two Business Days before the effective date of any such change. Section 2.02. Determination of Interest Rate on the Bonds. (a) General. Prior to the Reset Date, the Bonds shall bear interest at the Initial Rate, together with any additional interest and/or charges specified in subsection (c) below. On and following the Reset Date, the Bonds shall bear interest at the Reset Rate, determined as provided in subsection (d) of this Section 2.02, together with any additional charges specified in subsection (c) below. Notwithstanding the foregoing, the interest rate on the Bonds shall at no time exceed the Maximum Lawful Rate, subject to the provisions of subsection (c)(ii) of this Section 2.02. Interest on the Bonds shall be computed on the basis of a 360-day year consisting of twelve 30-day months. (b) Initial Rate. The Initial Rate shall be in effect from the Closing Date to but not including the Reset Date. (c) Additional Interest. (i) (A) During any period from and after the date any payment is due on the Bonds under the provisions of Sections 2.01, 4.01 or 7.01 hereof, until the date such payment is made, any otherwise applicable Initial Rate described in subsection (b) above or Reset Rate described in Section (d) below for such period shall be increased by five percent (5%) per annum. (B) The Late Charge shall be added to any amount due and owing to the Bondowners on the Bonds which amount is not paid within five (5) days of its due date. (ii) If the amount of interest payable in respect of the Bonds for any Interest Period exceeds the amount of interest that would be payable for such Interest Period had interest for such Interest Period been calculated at the Maximum Lawful Rate, then, notwithstanding any other provision of this Section 2.02, interest on the Bonds for such Interest Period shall accrue and be paid at the Maximum Lawful Rate for such Interest Period and the interest otherwise accruing in excess of the Maximum Lawful Rate shall be payable as provided below. The amount of interest that would accrue and be payable on the Bonds for any Interest Period, as determined and increased in accordance with subsections (b) or (d), as applicable, and (c)(i) above and (c)(iii) below, but is in excess of the Maximum Lawful Rate shall, until payable as provided in this subsection 2.02(c)(ii), constitute the "Excess Interest Amount". So long as any Excess Interest Amount exists, the Bonds shall, for the current and each subsequent Interest Period (or portion thereof), bear interest at the Maximum Lawful Rate, rather than the Initial Rate or Reset Rate, as applicable and as otherwise determined and increased under subsections 2.02(b) or (d), and (c)(i) and (c)(iii), as applicable, until the date on which an amount equal to the Excess Interest Amount has been paid on the Bonds. (iii) From and after any Event of Taxability, and provided that notice of the Event of Taxability is provided by any Bondowner to the Trustee, the Issuer and the Borrower, the interest rate on the Bonds shall be increased as follows: (A) With respect to interest accruing at the Initial Rate, the interest rate shah be increased to one hundred fifty percent (150%) of the Initial Rate otherwise applicable; and (B) With respect to interest accruing at the Reset Rate, the interest rate shah be increased to one hundred fifty percent (150%) of the Reset Rate otherwise applicable. The interest rates will be increased as set forth above both prospectively and retroactively, and any interest due retroactively shah be paid immediately upon notice by any Bondowner to the Trustee, the Issuer and the Borrower of an Event of Taxability. 14 (d) Reset Rate. From and after the Reset Date, and until maturity, the Bonds will bear interest at the Reset Rate, payable on each Interest Payment Date commencing with the Interest Payment Date next following the Reset Date. The Reset Rate shall be determined by the Majority Owner on the Reset Date. The determination of the Reset Rate by the Majority Owner shah (in the absence of manifest error) be conclusive and binding on the Bondowners, the Issuer, the Borrower and the Trustee, and each shall be protected by relying on such rate. The Majority Owner shall provide notice of the Reset Rate to the Trustee, and the Trustee shah then provide notice of the Reset Rate to any Bondowners other than the Majority Owner, and to the lssuer and the Borrower. Section 2.03. Form of Bonds. The Bonds shah be in substantially the form set forth in Exhibit A hereto with necessary or appropriate variations, omissions and insertions as permitted or required by this Indenture, including any supplemental indenture. Section 2.04. Execution of Bonds. The Bonds shah be signed in the name and on behalf of the Issuer with the manual or facsimile signature of its Chairman and the manual or facsimile signature of its Secretary, under the seal of the Issuer. Such seal may be in the form of a facsimile of the Issuer's seal and may be imprinted or impressed upon the Bonds. The Bonds shall then be delivered to the Trustee for authentication by the Trustee. In case any officer who shall have signed any of the Bonds shall cease to be such officer before the Bonds so signed shah have been authenticated or delivered by the Trustee or issued by the Issuer, such Bonds may nevertheless be authenticated, delivered and issued and, upon such authentication, delivery and issuance, shah be as binding upon the Issuer as though the officers who signed the same had continued to be such officers of the Issuer. Also, any Bond may be signed on behalf of the Issuer by such persons as on the actual date of the execution of such Bond shah be the proper officers although on the nominal date of such Bond any such person shah not have been such officer. Only such of the Bonds as shall bear thereon a certificate of authentication in the form set forth in Exhibit A, executed by the Trustee, shall be valid or obligatory for any purpose or entitled to the benefits of this Indenture and such certificate of the Trustee shah be conclusive evidence that the Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Indenture. Section 2.05. Transfer and Exchange of Bonds. (a) Any Bond may, in accordance with the terms of this Indenture, be transferred upon the books of the Trustee, required to be kept pursuant to the provisions of Section 2.06, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the Principal Office of the Trustee, accompanied by (i) a written instrument of transfer in a form acceptable to the Trustee, duly executed, and (ii) any documents required by Section 2.05(b) below. Bonds may be exchanged at the Principal Office of the Trustee for a like aggregate principal amount of Bonds of the same series.of other authorized denominations. Whenever any Bond shall be surrendered for transfer or exchange, the Issuer shah execute and the Trustee shah authenticate and deliver a new Bond or Bonds of the same series, for a like aggregate principal amount. The Trustee shall require the payment by the Bondholder requesting any such transfer or exchange of any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange, and may, in connection with any exchange, collect a charge equal to a customary fee charged by the Trustee for such exchange, but any such transfer or exchange shah otherwise be made without charge to the Bondholder requesting the same. The cost of printing any Bonds and any services rendered or any expenses incurred by the Trustee in connection therewith shah be paid by the Borrower. 15 No transfer or exchange shall be required to be made of any Bonds called for redemption or of any Bonds during the ten (10) days next preceding the giving of any notice of redemption. (b) Notwithstanding any provision herein to the contrary, (i) the Bonds may only be transferred in Authorized Denominations, and (ii) the following requirements must be satisfied with respect to each such transfer, other than a transfer between Bank Affiliates: (A) the proposed transferee or purchaser must be an "accredited investor", as such term is defined in Rule 501 (a) of Regulation D promulgated under the Securities Act of 1933, as amended; (B) the proposed transferee or purchaser has delivered to the lssuer and the Trustee an Investor Letter in the form attached hereto as Exhibit B (the "Investor Letter"); (C) all applicable Federal and state laws shall have been complied with in the proposed transfer or sale of the Bond, including but not limited to Rule 15c2-12 of the Securities and Exchange Commission; and (D) if the transfer is prior to the Reset Date and, following such transfer, (1) the Original Purchaser will no longer be a Bondowner and thereby administer the Supplemental Agreement, the Original Purchaser shall designate in writing to the Trustee, the Borrower and the Issuer a Bondowner, reasonably acceptable to the Issuer, who will be obligated to act as the Bond Holder under and as such term is defined in the Supplemental Agreement, and/or (2) there will no longer be a Majority Owner, the Majority Owner immediately prior to such transfer shah designate in writing to the Trustee, the Borrower and the Issuer a Bondowner who is obligated to calculate the Reset Rate, the Taxable Redemption Price (as provided in the Supplemental Agreement) and any Redemption Premium that may be payable on the Bonds. The Trustee shall be entitled to rely on the Investor Letter of the transferee or purchaser as to satisfaction of the foregoing conditions without independent investigation and shall be protected in so relying unless it has actual knowledge to the contrary. In the event that any of the matters contained in such Investor Letter shall be false in a material way, the party or parties making such certification shah be liable for all consequential damages sustained by the Trustee and the Issuer as a proximate result thereof. (c) Any purported sale or transfer of the Bonds or any portion thereof in violation of the terms of this Section shall not be effective and the purported transferor or seller shall be and remain the sole owner of the respective Bonds for all purposes of this Indenture. Section 2.06. Bond Register. The Issuer hereby appoints the Trustee as registrar and authenticating agent for the Bonds. The Trustee will keep or cause to be kept at its Principal Office or such other office it may choose sufficient books for the transfer of the Bonds, which shall at all reasonable times upon reasonable notice be open to inspection by the Issuer and the Borrower; and, upon presentation for such purpose, the Trustee as registrar shaH, under such reasonable regulations as it may prescribe, transfer or cause to be transferred, on said books, Bonds as hereinbefore provided. Section 2.07. Temporary Bonds. The Bonds may be issued initially in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such Authorized Denominations as may be determined by the Issuer and may contain such reference to any of the provisions of this Indenture as may be appropriate. Every temporary Bond shall be executed by the Issuer and be 16 authenticated and registered by the Trustee upon the same conditions and in substantially the same manner as the definitive Bonds. If the Issuer issues temporary Bonds, it will execute and furnish without unreasonable delay definitive Bonds, which may be printed, lithographed or typewritten, and thereupon the temporary Bonds may be surrendered, for cancellation, in exchange therefor at the Principal Office of the Trustee, and the Trustee shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of Authorized Denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Indenture as definitive Bonds authenticated and delivered hereunder. Section 2.08. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shah become mutilated, the Issuer, at the expense of the holder of said Bond, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Trustee of the Bonds so mutilated. Every mutilated Bond so surrendered to the Trustee shall be canceled by it and delivered to, or upon the order of, the Issuer. If any Bond issued hereunder shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and if such evidence is reasonably satisfactory to it and indemnity reasonably satisfactory to it shall be given, the Issuer, at the expense of the holder, shall execute, and the Trustee shall thereupon authenticate and deliver, a new Bond of like tenor and number in lieu of and in substitution for the Bond so lost, destroyed or stolen (or if any such Bond shall have matured or shall have been called for redemption, instead of issuing a substitute Bond, the Trustee on behalf of the Issuer may pay the same without surrender thereof). The Issuer may require payment of a reasonable fee for each new Bond delivered under this Section and payment of the reasonable expenses which may be incurred by the Issuer and the Trustee. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the Issuer whether or not the Bond so alleged to be lost, destroyed or stolen be at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Indenture with all other Bonds secured by this Indenture. 17 ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS Section 3.01. Authentication and Delivery of the Bonds. Upon the execution and delivery of this Indenture, the Issuer shall execute the Bonds and deliver them to the Trustee. Thereupon, and upon satisfaction of the conditions set forth in this Section, and without any further action on the part of the Issuer, the Trustee shall authenticate the Bonds in an aggregate principal amount equal to the Authorized Amount, and shall deliver them to or upon the Written Order of the Issuer hereinafter mentioned. Prior to the authentication and delivery of any of the Bonds by the Trustee, there shall have been delivered to the Trustee each of the following: (a) a Certified Resolution authorizing issuance and sale of the Bonds and execution and delivery of all related documents required to be executed and delivered by the Issuer; (b) original executed counterparts of this Indenture, the Loan Agreement, the Supplemental Agreement, the Deed of Trust and the Regulatory Agreement; and (c) a Written Order of the Issuer to the Trustee to authenticate and deliver the Bonds as directed in such Written Order, upon payment to the Trustee, for the account of the Issuer, of the sum specified therein. Section 3.02. Application of Proceeds of Bonds; Borrower Contribution. The proceeds received by the Issuer from the sale of the Bonds (being a total of $ ) shall be deposited with the Trustee, who shall forthwith set aside $. of such proceeds in the Program Fund and $. of such proceeds in the Cost of Issuance Fund, and shall transfer $ to the Original Purchaser for deposit by the Original Purchaser in the Reserve Account. The amount of $ received by the Trustee from , on or prior to the Closing Date, shall be deposited by the Trustee as follows: $ in the Program Fund, $ in the Reserve Account, and $ in the Cost of Issuance Fund. Section 3.03. Program Fund. There is hereby created and established with the Trustee a separate trust fund which shall be designated the "Program Fund", which shall be applied only as provided in this Section. On the Closing Date, there shall be deposited in the Program Fund the amounts specified in Section 3.02. Amounts deposited or held in such fund shall be applied only as provided in this Section. (b) Other than $ which shall be sent via wire transfer on the Closing Date from the Trustee to Commonwealth Land Title Company (to pay the purchase price of the Project), no moneys shall be disbursed from the Program Fund until the Trustee shall have received confirmation from a title insurer that the Regulatory Agreement and the Deed of Trust have been recorded in the office of the County Recorder of the County of Riverside. (c) The Trustee shall make all disbursements from the Program Fund after compliance with the provisions for disbursement under Section 3.02 of the Loan Agreement and Section 3.03(d) hereof, to pay or reimburse the Borrower for Project Costs. On the Completion Date, the Trustee shall transfer all amounts then on deposit in the Program Fund to the Bond 18 Proceeds Account of the Operating and Replacement Reserve Fund, to be used for purposes of such fund. (d) Any provision in this Indenture to the contrary notwithstanding, except in conjunction with a transfer pursuant to the last sentence of Section 3.03(c), the Trustee shall not disburse any funds from the Program Fund unless it has received a Funding Requisition executed by an Authorized Borrower Representative, and approved by the Majority Owner, representing that the full amount of such disbursement will be applied to pay or reimburse the Borrower for the payment of Project Costs and such disbursement, when added to all previous disbursements from the Program Fund, will result in not less than 97 percent of all such disbursements having been used to pay or reimburse the Borrower for Qualified Project Costs. (e) Neither the Trustee nor the Issuer shall be responsible for the application by the Borrower of monies disbursed to the Borrower in accordance with this Section 3.03. Section 3.04. Cost of Issuance Fund. There is hereby created and established with the Trustee a separate trust fund which shall be designated the "Cost of Issuance Fund", which Fund shall be applied only as provided in this Section. Any proceeds of the Bonds deposited to the Cost of Issuance Fund pursuant to Section 3.02, and any investment earnings thereon, shall be used for purposes of such fund, prior to the use of any other amounts deposited to such fund. Amounts in the Cost of Issuance Fund shall be used to pay Issuance Costs. Before each payment is made from the Cost of Issuance Fund by the Trustee, there shall be filed with the Trustee a Written Requisition of the Issuer, accompanied by copies of appropriate invoices or other evidence of amounts due, and stating with respect to each payment to be made: (i) the requisition number; (ii) the name and address of the person to whom payment is due (which may be the Issuer if the payment is to reimburse the Issuer for amounts previously paid); (iii) the purpose for which the payment is to be made; (iv) the amount to be paid; (v) that each obligation mentioned therein has been properly incurred and is a proper charge against the Cost of Issuance Fund; and (vi) that none of the items for which payment is requested has been previously paid or reimbursed from the Cost of Issuance Fund. Any amounts remaining in the Cost of Issuance Fund on the date six (6) months after the Closing Date and not expected by the Issuer to be required to pay other costs payable from such fund shall, upon receipt of written confirmation thereof by the Issuer, be transferred by the Trustee to the Bond Fund. 19 ARTICLE IV REDEMITFION OF BONDS Section 4.01. Circumstances of Redemption. The Bonds are subject to redemption upon the circumstances, on the dates and at the prices set forth as follows: (a) The Bonds shall be subject to mandatory redemption in whole or in part on the next Interest Payment Date for which notice of redemption can timely be given, at a price equal to the principal amount of Bonds to be redeemed plus interest accrued thereon to the date fixed for redemption, together with the Redemption Premium, following prepayment of the Loan in whole or in part, in an amount as nearly equal as possible to, but not exceeding, the amount of any Net Proceeds of insurance or condemnation awards not used to repair or replace the Project. (b) The Bonds shall be subject to mandatory redemption in whole on the next date for which notice of redemption can timely be given at a price equal to the principal amount of Bonds to be redeemed plus interest accrued thereon to the date fixed for redemption, together with the Redemption Premium, upon acceleration of the Loan in whole following an Event of Default under Section 7.01 of the Loan Agreement, following the receipt by the Trustee of the written request of the owners of a majority in principal amount of the Bonds then Outstanding that the Bonds be so redeemed. (c) The Bonds are subject to optional redemption in whole but not in part, on the next Interest Payment Date for which notice of redemption can timely be given, on or after May 1, 1996, in the event and to the extent that the Loan is voluntarily prepaid, at a redemption price equal to the principal amount of Bonds to be redeemed, plus accrued interest to the date fixed for redemption, together with the Redemption Premium. (d) The Bonds shall be subject to mandatory redemption in part on the Interest Payment Dates occurring in the months, and in the respective principal amounts designated for such Interest Payment dates as set forth in Exhibit C hereto, at a redemption price equal to the principal thereof to be redeemed, together with accrued interest to the date of redemption, without premium. (e) The Bonds shall be subject to redemption on the first date for which notice of redemption can timely be given, following the receipt by the Trustee of written notice of the occurrence of an Event of Taxability accompanied by a written request of the Majority Owner that the Bonds be redeemed, at a redemption price equal to the Taxable Redemption Price (as defined in the Supplemental Agreement). The Trustee is hereby authorized and directed, and hereby agrees, to give notice of the call for redemption of Bonds at the times set forth in this paragraph, to fix the date for any such redemption not otherwise specified above within the periods prescribed by Section 4.03 hereof, and, if moneys are available, to redeem the Bonds so called on the date so fixed by the Trustee and set forth in such notice. Notwithstanding any other provision hereof, the Trustee shall notify the Majority Owner of any planned redemption of the Bonds pursuant to Sections 4.01(a), (b), (c) or (e), and shall only send out notice of redemption to Bondowners after the Majority Owner has provided the Trustee (with a copy to the Borrower) of the amount of any Redemption Premium or Taxable Redemption Price applicable to such redemption. The Trustee shall give such redemption notice (i) in the case of redemption pursuant to (a) or (c) above, three (3) Business Days after receipt of the amount of the Loan prepayment to be applied to 20 such redemption; (ii) in the case of redemption pursuant to (b) or (e) above, at the time required therefor pursuant to Section 4.03; and (iii) in the case of redemption pursuant to (d) above, no notice to Bondowners need be given. In the event that there is, at the time of any redemption, more than one Bondowner, any redemption premium stated as a fixed dollar amount and due on the Bonds shall be applied pro rata, based upon the principal amount of Bonds to be redeemed, to payments due on such Bonds. Section 4.02. Selection of Bonds for Redemption. When any redemption is made pursuant to any of the provisions of this Indenture and less than all of the outstanding Bonds are to be redeemed, the Trustee shall select the Bonds to be redeemed pro rata among the holders of the Bonds based upon the principal amount of Bonds owned by such holders. The Trustee shall promptly notify the Issuer and the Bondowners in writing of the amount of the Bonds selected for redemption and the amount of Bonds of each owner to be redeemed. Section 4.03. Notice of Redemption. Subject to the provisions of Section 4.01, notice of redemption shall be given by the Trustee for and on behalf of the Issuer, by first class mail, not less than three (3) Business Days nor more than ten (10) Business Days prior to the redemption date, to the registered owner of each Bond called for redemption, at its address as it appears on the registration books or at such address as it may have filed with the Trustee for that purpose, but neither failure to mail such notice to any Bondholder nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of any of the Bonds with respect to which such failure or defect shall have occurred. Each notice of redemption shah state the redemption date, the place of redemption, the source of the funds to be used for such redemption, the principal amount and, if less than all, the distinctive numbers of the Bonds to be redeemed, and shall also state that the interest on the Bonds in such notice designated for redemption (other than the unredeemed portions, if any, thereof) shall cease to accrue from and after such redemption date and that on said date there will become due and payable on each of said Bonds the principal amount thereof to be redeemed, interest accrued thereon to the redemption date and the premium, if any, thereon (such premium to be specified). Neither the Issuer nor the Trustee shah have any responsibility for any defect in the CUSIP number that appears on any Bond or in any redemption notice with respect thereto, and any such redemption notice may contain a statement to the effect that CUSIP numbers have been assigned by an independent service for convenience of reference and that neither the Issuer nor the Trustee shall be liable for any inaccuracy in such numbers. Section 4.04. Partial Redemption of Bonds. Any Bond subject to redemption under the provisions of Section 4.01 may be redeemed in whole or in part, but no part of any Bond shall be redeemed in an amount less than $500, and Bonds remaining after any redemption shall be in Authorized Denominations. Upon surrender of any Bond redeemed in part only, the Issuer shall execute and the Trustee shall authenticate and deliver to the registered owner thereof, without charge to the owner thereof, a new Bond or Bonds of like series and maturity and of Authorized Denominations designated by such owner equal in aggregate principal amount to the unredeemed portion of the Bond surrendered. Notwithstanding the foregoing, Bonds to be redeemed in part under the provisions of Section 4.01 (d) need not be surrendered as a condition precedent to the payment of any redemption amount specified in Section 4.01 (d). Section 4.05. Effect of Redemption. Notice of redemption having been duly given as aforesaid, and moneys for payment of the redemption price being held by the Trustee, the Bonds so called for redemption shall, on the redemption date designated in such notice, become due and payable at the redemption price specified in such notice, interest on the Bonds so called for redemption shall cease to accrue, said Bonds shall cease to be entitled to any lien, 21 benefit or security under this Indenture, and the holders of said Bonds shall have no rights in respect thereof except to receive payment of the redemption price thereof. All Bonds fully redeemed pursuant to the provisions of this Article W shall be destroyed by the Trustee, which shall thereupon deliver to the Issuer a certificate evidencing such destruction. 22 ARTICLE V REVENUES Section 5.01. Pledge of Revenues. All of the Revenues are hereby irrevocably pledged to the punctual payment of the principal of, premium, if any, and interest on the Bonds, subject to the provisions of this Indenture permitting the application of such Revenues for the purposes and on the terms and conditions set forth herein. The Issuer also hereby transfers in trust, grants a security interest in and assigns to the Trustee, for the benefit of the holders from time to time of the Bonds all of its right, title and interest in the Revenues, the Deed of Trust and the Loan Agreement (except for the right to receive fees, expenses and indemnification and its rights of enforcement with respect to such fees, expenses and indemnification thereunder). All Revenues shall be held in trust for the benefit of the holders from time to time of the Bonds, but shall nevertheless be disbursed, allocated and applied solely for the uses and purposes hereinafter in this Article V set forth. Neither the Issuer (or any member of the Governing Board thereof) nor any person executing the Bonds is liable personally on the Bonds or subject to any personal liability or accountability by reason of their issuance. The Bonds are limited obligations of the Issuer and are not a debt, nor a pledge of the faith and credit, of the State of California or any of its political subdivisions, and neither are they liable on the Bonds, nor are the Bonds payable out of any funds or properties other than those of the Issuer pledged for the payment thereof. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. The issuance of the Bonds shall not directly or indirectly or contingently obligate the State of California or any political subdivision thereof to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. Section 5.02. Bond Fund. There is hereby created and established with the Trustee a separate trust fund which shall be designated the "Bond Fund", which shall be applied only as provided in this Section. The Trustee shall deposit in the Bond Fund from time to time, upon receipt thereof (a) income received from the investment of moneys on deposit in the Bond Fund; and (b) any other Revenues, including insurance proceeds, condemnation awards and other Loan payments or prepayments received from or for the account of the Borrower. Except as provided in Section 10.03, moneys in the Bond Fund shall be used solely for the payment of the principal of and premium, if any, and interest on the Bonds as the same shall become due, whether at maturity or upon redemption or acceleration or otherwise. Section 5.03. Investment of Moneys. Except as otherwise provided in this Section, any moneys in any of the funds and accounts to be established by the Trustee pursuant to this Indenture shall be invested by the Trustee in Investment Securities selected and directed in writing by the Borrower with respect to which payments of principal thereof and interest thereon are scheduled or otherwise payable not later than the date on which it is estimated that such moneys will be required by the Trustee. In the absence of such directions, the Trustee shall invest such monies in Investment Securities described in clause (9) of the definition thereof. The Trustee shall have no liability or responsibility for any loss resulting from any investment made in accordance with this Section 5.03. 23 Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Indenture or otherwise containing Gross Proceeds of the Bonds (within the meaning of section 148 of the Code) shah be acquired, disposed of, and valued (as of the date that valuation is required by this Indenture or the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under applicable provisions of the Code shall be valued at their present value (within the meaning of section 148 of the Code). Unless otherwise specified herein, any interest, profit or loss on such investment of moneys in any fund or account shall be credited or charged to the respective funds or accounts from which such investments are made. The Trustee may sell or present for redemption any obligations so purchased whenever it shall be necessary in order to provide moneys to meet any payment, and the Trustee shall not be liable or responsible for any loss resulting from such sale or redemption. The Trustee may make any and all investments permitted under this Section 5.03 through its own investment department or any affiliate and may pay said investment department reasonable, customary fees for placing such investments. The Trustee and its affiliates may act as principal, agent, sponsor or advisor with respect to any of the Investment Securities. Section 5.04. Assignment to Trustee; Enforcement of Obligations. The Issuer hereby transfers, assigns and sets over to the Trustee, for the benefit of the Bondholders, and the Trustee hereby accepts, all of the Gross Revenues, Revenues, all moneys at any time held by the Trustee in any fund hereunder and any and all fights and privileges the Issuer has under the Deed of Trust or the Agreement (except for the Issuer's right to receive payments under Sections 4.02(c) and (d), 7.03, 9.02 and 9.03 of the Agreement, and the right of the Issuer to enforce certain covenants of the Borrower relating to compliance with the Act, the Code and the maintenance of the exclusion from gross income for federal tax purposes of interest on the Bonds); and any Revenues or other amounts payable to the Trustee hereunder, under the Agreement, under the Deed of Trust which are collected or received by the lssuer shall be deemed to be held, and to have been collected or received, by the Issuer as the agent of the Trustee, and shall forthwith be paid by the Issuer to the Trustee. The Trustee also shall be entitled to take all steps, actions and proceedings reasonably necessary in its judgment (a) to enforce the terms, covenants and conditions of, and preserve and protect the priority of its interest in and under, the Agreement and the Deed of Trust, and (b) to assure compliance with all covenants, agreements and conditions on the part of the Issuer contained in this Indenture with respect to the Revenues. 24 ARTICLE VI COVENANTS OF THE ISSUER Section 6.01. Payment of Principal and Interest The Issuer shah punctually pay, but only out of Revenues as herein provided, the principal and the interest (and premium, ff any) to become due in respect of every Bond issued hereunder at the times and places and in the manner provided herein and in the Bonds, according to the true intent and meaning thereof. When and as paid in full, aH Bonds shall be delivered to the Trustee and shall forthwith be destroyed. Section 6.02. Paying Agent The paying agent hereunder shall be the Trustee. Section 6.03. Preservation of Revenues; Amendment of Documents. The Issuer shah not take any action to interfere with or impair the pledge and assignment hereunder of Revenues or the Gross Revenues and the assignment to the Trustee of rights of the Issuer under the Agreement and the Deed of Trust, or the Trustee's enforcement of any rights hereunder or thereunder, shall not take any action to impair the validity or enforceability of the Agreement or the Deed of Trust, and shall not waive any of its rights under or any other provision of or permit any amendment of the Agreement or of the Deed of Trust, without the prior written consent of the Trustee. The Trustee may give such written consent, and may itself take any such action or consent to a waiver of any provision of or an amendment or modification to or replacement of the Agreement, the Deed of Trust or any other document, instrument or agreement relating to the security for the Bonds, only if (i) such action or such waiver, amendment, modification or replacement (a) is authorized or required by the terms of this Indenture, the Agreement or the Deed of Trust, or Co) has first been approved by the written consent of the holders of at least a majority in principal amount of the Bonds then Outstanding; (ii) any such action or such waiver, amendment, modification or replacement will not have the effect of extending the time for payment or reducing the amount due and payable on the Bonds (unless consented to by the holders of at least eighty percent (80%) in principal amount of the Bonds then Outstanding, and all Bondowners are treated the same thereunder); and (iii) the Trustee shall have first obtained an opinion of Bond Counsel (at the expense of the person requesting such action, waiver, amendment, modification or replacement) to the effect that such action or such waiver, amendment, modification or replacement will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes or conformance of the Bonds and the Project with the Act or the laws of the State of California relating to the Bonds and is in accord with the terms in the Indenture and the Supplemental Agreement. Section 6.04. Compliance with Indenture. The Issuer shah not issue, or permit to be issued, any Bonds secured or payable in any manner out of Revenues in any manner other than in accordance with the provisions of this Indenture; it being understood that the Issuer reserves the right to issue obligations payable from and secured by sources other than the Revenues and the assets assigned herein. The Issuer shall not suffer or permit any default to occur under this Indenture, but shall faithfully observe and perform all the covenants, conditions and requirements hereof. So long as any Bonds are outstanding, the Issuer shall not create or suffer to be created any pledge, lien or charge of any type whatsoever upon all or any part of the Revenues, other than the lien of this Indenture. Section 6.05. Further Assurances. Whenever and so often as requested so to do by the Trustee, the Issuer shall promptly execute and deliver or cause to be executed and delivered all 25 such other and further instruments, documents or assurances, and promptly do or cause to be done all such other and further things, as may be necessary or reasonably required in order to further and more fully vest in the Trustee and the Bondholders all of the rights, interests, powers, benefits, privileges and advantages conferred or intended to be conferred upon them by this Indenture and to perfect and maintain as perfected such rights, interests, powers, benefits, privileges and advantages. Section 6.06. No Arbitrage. The Issuer shall not take, nor permit nor suffer to be taken by the Trustee or otherwise, any action with respect to the Gross Proceeds of the Bonds which if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the date of the issuance of the Bonds would have caused the Bonds to be "arbitrage bonds" within the meaning of section 148 of the Code and Regulations promulgated thereunder. Section 6.07. Limitation of Expenditure of Proceeds. The Issuer shall assure that not less than 97 percent of the face amount of the Bonds, plus premium (if any) paid on the purchase of the Bonds by the Original Purchaser thereof from the lssuer, less original discount, are paid for Qualified Project Costs. Section 6.08. Rebate of Excess Investment Earnings to United States. The Issuer hereby covenants to comply with the requirement to rebate excess investment earnings to the federal government in accordance with section 148(f) of the Code, and also covenants to cause the Borrower to rebate to the federal government, in accordance with the Regulations, excess investment earnings to the extent required by section 148(f) of the Code. The Borrower has covenanted in Section 4.02(d) of the Loan Agreement to calculate or cause to be calculated and rebate to the federal government, in accordance with the Regulations, excess investment earnings to the extent required by section 148(f) of the Code. In order to provide for the administration of this Section 6.08, the Issuer may, but has no duty to, provide for the employment of independent attorneys (including Bond Counsel), accountants and consultants compensated on such reasonable basis as the Issuer may deem appropriate, and in addition to and without limitation of the provisions of Section 8.02, the Issuer and the Trustee may rely conclusively upon and shall be fully protected from all liability in relying upon the opinions, calculations, determinations, directions and advice of such attorneys, accountants and consultants employed by the Issuer hereunder. Any fees or expenses incurred by the Trustee or the Issuer (or any persons employed by them or otherwise to administer this Section 6.08) under or pursuant to this Section 6.08 shall be billed to the Borrower under Section 4.02(d) of the Loan Agreement. Section 6.09. Limitation on Issuance Costs. The Issuer shall assure that, from the proceeds of the Bonds received from the Original Purchaser on the Closing Date and investment earnings thereon, an amount not in excess of two percent (2%) of the principal of the Bonds, less original discount (if any) on the Bonds shah be used to pay for, or provide for the payment of Issuance Costs, all within the meaning of Section 147(g)(1) of the Code. Section 6.10. Federal Guarantee Prohibition. The Issuer shall take no action nor permit nor suffer any action to be taken if the result of the same would be to cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 6.11. Prohibited Facilities. No portion of the proceeds of the Bonds shah be used to provide any airplane, skybox or other private luxury box, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises. 26 Section 6.12. Use Covenant. The Issuer shah not use or knowingly permit the use of any proceeds of Bonds or any other funds of the Issuer, directly or indirectly, in any manner, and shall not take or permit to be taken any other action or actions, which would result in any of the Bonds being treated as an obligation not described in Section 145 of the Code by reason of such Bond not meeting the requirements of Section 145 of the Code. The Issuer agrees to cause the Borrower to comply with the covenant contained in the second sentence of Section 2.03(z) of the Loan Agreement. Section 6.13. Small Issuer Exemption from Bank Nondeductibility Restriction. The Issuer hereby designates the Bonds for purposes of paragraph (3) of section 265(b) of the Code and represents that not more than $10,000,000 aggregate principal amount of obligations the interest on which is excludable (under section 103(a) of the Code) from gross income for federal income tax purposes (excluding (i) private activity bonds, as defined in section 141 of the Code, except qualified 501(c)(3) bonds as defined in section 145 of the Code, and (ii) current refunding obligations to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation), including the Bonds, has been or will be issued by the Issuer, including all subordinate entities of the Issuer, during the calendar year 1996. Section 6.14. Immunities and Limitations of Responsibility of Issuer. The Issuer shall be entitled to the advice of counsel (who, except as otherwise provided, may be counsel for any Bondholder), and the Issuer shall be wholly protected as to action taken or omitted in good faith in reliance on such advice. The Issuer may rely conclusively on any communication or other document furnished to it hereunder and reasonably believed by it to be genuine. The Issuer shah not be liable for any action (a) taken by it in good faith and reasonably believed by it to be within its discretion or powers hereunder, or (b) in good faith omitted to be taken by it because such action was reasonably believed to be beyond its discretion or powers hereunder, or (c) taken by it pursuant to any direction or instruction by which it is governed hereunder, or (d) omitted to be taken by it by reason of the lack of any direction or instruction required hereby for such action; nor shall it be responsible for the consequences of any error of judgment reasonably made by it. The Issuer shall in no event be liable for the application or misapplication of funds or for other acts or defaults by any person, except its own officers and employees. When any consent or other action by it is called for hereby, it may defer such action pending receipt of such evidence (if any) as it may require in support thereof. The Issuer shah not be required to take any remedial action (other than the giving of notice) unless indemnity in a form acceptable to the Issuer is furnished for any expense or liability to be incurred in connection with such remedial action, other than liability for failure to meet the standards set forth in this Section. The Issuer shall be entitled to reimbursement for its expenses reasonably incurred or advances reasonably made, with interest at the rate of interest on the Bonds, in the exercise of its rights or the performance of its obligations hereunder, to the extent that it acts without previously obtaining indemnity. No permissive right or power to act which the Issuer may have shall be construed as a requirement to act; and no delay in the exercise of a right or power shall affect its subsequent exercise of the right or power. The Borrower has indemnified the Issuer against certain acts and events as set forth in Section 9.03 of the Loan Agreement, and Section 16 of the Regulatory Agreement. Such indemnities shall survive payment of the Bonds and discharge of the Indenture to the extent set forth in such agreements. 27 ARTICLE VII DEFAULT Section 7.01. Events of Default; Acceleration; Waiver of Default. Each of the following events shall constitute an "Event of Default" hereunder: (a) failure to pay within five (5) days following the due date thereof, the principal of any Bond, whether at maturity as therein expressed or by proceedings for redemption thereof under the provisions of Section 4.01 (d) hereof; (b) failure to pay within five (5) days following the due date thereof, any installment of interest on any Bond; (c) failure to pay on the due date thereof, the redemption price (including principal, premium, if applicable, and accrued interest) of any Bond on the date of redemption thereof under the provisions of Sections 4.01(a), (b), (c), or (e); and (d) failure by the Issuer to perform or observe any other of the covenants, agreements or conditions on its part in this Indenture or in the Bonds contained, and the continuation of such failure for a period of thirty (30) days after written notice thereof, specifying such default and requiring the same to be remedied, shall have been given to the Issuer and the Borrower by the Trustee, or to the Issuer, the Borrower and the Trustee by the Original Purchaser or by the holders of not less than twenty-five percent (25%) in aggregate principal amount of the Bonds at the time outstanding. In any event, as provided in Section 2.02(c)(i) hereof, (i) payments of principal, interest and redemption price of the Bonds not made on the date on which such payments are due under the provisions of Sections 2.01(b) and 4.01 hereof and of the Bonds, shall accrue interest at the then rate of interest on the Bonds, plus five percent (5%), and (ii) the Late Charge shall be due and owing to the Bondowners with respect to any such payment not made within five (5) days of its due date. No default specified in (d) above shall constitute an Event of Default unless the Issuer and the Borrower shall have failed to correct such default within the applicable period; provided, however, that if the default (other than a default arising from nonpayment of the Trustee's or Issuer's fees and expenses) shall be such that it cannot be cured by the payment of money or otherwise corrected within such period, it shall not constitute an Event of Default if corrective action is instituted by the Issuer or the Borrower within the applicable period and diligently pursued until the default is corrected, but in no event shall such corrective action exceed ninety (90) days. With regard to any alleged default concerning which notice is given to the Borrower under the provisions of (d) above, the Issuer hereby grants the Borrower full authority for the account of the Issuer to perform any covenant or obligation the non- performance of which is alleged in said notice to constitute a default in the name and stead of the Issuer with full power to do any and all things and acts to the same extent that the Issuer could do and perform any such things and acts and with power of substitution. Subject to the provisions of Section 7.12 hereof, during the continuance of an Event of Default, unless the principal of all the Bonds shall have already become due and payable, with the prior written consent of the holders of a majority in aggregate principal amount of the Bonds at the time Outstanding the Trustee may, and upon the written request of the holders of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding the Trustee 28 shall, by notice in writing to the Issuer, declare the principal of all the Bonds then outstanding, and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable, anything in this Indenture or in the Bonds contained to the contrary notwithstanding. Upon any such declaration of acceleration, the Trustee shall fix a date for payment of the Bonds. The preceding paragraph, however, is subject to the condition that if, within the time period permitted under California Civil Code Section 2924c after the principal of the Bonds shah have been so declared due and payable, there shall have been deposited with the Trustee a sum sufficient to pay all the principal of the Bonds matured or required to be redeemed prior to such declaration and all matured installments of interest (if any) upon all the Bonds, with interest (at the then interest rate on the Bonds plus five percent (5%)) on such overdue installments of principal, and the reasonable expenses of the Trustee, its agents and counsel, and the reasonable expenses of the Bondholders, their agents and counsel and any and all other defaults actually known to a Responsible Officer of the Trustee (other than in the payment of principal of and interest on the Bonds due and payable solely by reason of such declaration) shah have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then, and in every such case, the Trustee shall rescind and annul such declaration and its consequences and waive such default; but no such rescission, annulment or waiver shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon. Section 7.02. Institution of Legal ProceedIngs by Trustee. If one or more of the Events of Default shall occur and be continuing, the Trustee with the prior written consent of the owners of a majority in principal amount of the Bonds then outstanding may, and upon the written request of the holders of a majority in principal amount of the Bonds then outstanding and, in the case of an Event of Default described in Section 7.01(d), upon being indemnified to its satisfaction therefor the Trustee shall, proceed to protect or enforce its rights or the rights of the holders of Bonds under the Act or under this Indenture, the Agreement and the Deed of Trust, by a suit in equity or action at law, either for the specific performance of any covenant or agreement contained herein or therein, or in aid of the execution of any power herein or therein granted, or by mandamus, foreclosure or other appropriate proceeding for the enforcement of any other legal or equitable remedy as the Trustee shall deem most effectual in support of any of its rights or duties hereunder; provided that any such request from the Bondholders shall not be in conflict with any rule of law or with this Indenture, expose the Trustee to personal liability or be unduly prejudicial to Bondholders not joining therein. Section 7.03. Application of Moneys Collected by Trustee. Any moneys collected by the Trustee pursuant to Section 7.02 or otherwise held by the Trustee shall be applied in the order following, at the date or dates fixed by the Trustee and, in the case of distribution of such moneys on account of principal (or premium, if any) or interest, upon presentation of the Bonds and stamping thereon the payment, if only partially paid, and upon surrender thereof, if fully paid: First: For deposit in the Bond Fund to be applied to payment of the principal of all Bonds then due and unpaid and the premium, if any, and interest thereon; ratably to the persons entitled thereto without discrimination or preference. Second: For payment of all amounts due to the Trustee under Section 8.06. Third: For payment of all other amounts due to any person hereunder, under the Loan Agreement or under the Deed of Trust, in that order. 29 Section 7.04. Effect of Delay or Omission to Pursue Remedy. No delay or omission of the Trustee or of any holder of Bonds to exercise any fight or power arising from any default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every power and remedy given by this Article VII to the Trustee or to the holders of Bonds may be exercised from time to time and as often as shall be deemed expedient. In case the Trustee shall have proceeded to enforce any right under this Indenture, and such proceedings shall have been discontinued or abandoned because of waiver or for any other reason, or shall have been determined adversely to the Trustee, then and in every such case the Issuer, the Trustee and the holders of the Bonds, severally and respectively, shall be restored to their former positions and rights hereunder in respect to the trust estate; and all remedies, rights and powers of the Issuer, the Trustee and the holders of the Bonds shall continue as though no such proceedings had been taken. Section 7.08. Remedies Cumulative. No remedy herein conferred upon or reserved to the Trustee or to any holder of the Bonds is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. Section 7.06. Covenant to Pay Bonds in Event of Default. The lssuer covenants that, upon the happening of any Event of Default, the Issuer will pay to the Trustee upon demand, but only out of Revenues, for the benefit of the holders of the Bonds, the whole amount then due and payable thereon (by declaration or otherwise) for interest or for principal and premium, or both, as the case may be, and all other sums which may be due hereunder or secured hereby, including reasonable compensation to the Trustee, its agents and counsel, and the Bondowners, their agents and counsel, and any expenses or liabilities incurred by the Trustee or the Bondowners hereunder. In case the Issuer shall fail to pay the same forthwith upon such demand, the Trustee, in its own name and as trustee of an express trust, and upon being indemnified to its satisfaction shall be entitled to institute proceedings at law or in equity in any court of competent jurisdiction to recover judgment for the whole amount due and unpaid, together with costs and reasonable attorneys' fees, subject, however, to the condition that such judgment, if any, shall be limited to, and payable solely out of, Revenues and any other assets pledged, transferred or assigned to the Trustee under Section 5.01 as herein provided and not otherwise. The Trustee shall be entitled to recover such judgment as aforesaid, either before or after or during the pendency of any proceedings for the enforcement of this Indenture, and the right of the Trustee to recover such judgment shall not be affected by the exercise of any other right, power or remedy for the enforcement of the provisions of this Indenture. Section 7.07. Trustee Appointed Agent for Bondholders. The Trustee is hereby appointed the agent and attorney of the holders of all Bonds outstanding hereunder for the purpose of filing any claims relating to the Bonds. Section 7.08. Power of Trustee to Control Proceedings. In the event that the Trustee, upon the happening of an Event of Default, shall have taken any action, by judicial proceedings or otherwise, pursuant to its duties hereunder, whether upon its own discretion or upon the written request of the holders of a majority in principal amount of the Bonds then outstanding, it shall have full power, in the exercise of its discretion for the best interests of the holders of the Bonds, with respect to the continuance, discontinuance, withdrawal, compromise, settlement or other disposal of such action; provided, however, that the Trustee shall not, unless there no longer continues an Event of Default hereunder, continue, discontinue, withdraw, compromise or settle, or otherwise dispose of any litigation pending at law or in equity, if at the time there has been filed with it a written request signed 'by the holders of at least a majority in principal amount of the Bonds outstanding hereunder opposing such continuance, discontinuance, withdrawal, compromise, settlement or other disposal of such litigation. 30 Section 7.09. Limitation on Bondholders' Right to Sue. Subject to the provisions of Section 7.12 hereof, no holder of any Bond issued hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Indenture, unless (a) such holder shall have previously given to the Trustee written notice of the occurrence of an Event of Default hereunder; (b) the holders of at least a majority in aggregate principal amount of all the Bonds then outstanding shah have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name; (c) said holders shall have tendered to the Trustee indemnity satisfactory to it against the costs, expenses and liabilities to be incurred in compliance with such request; and (d) the Trustee shall have refused or omitted to comply with such request for a period of thirty (30) days after such written request shall have been received by, and said tender of indemnity shah have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any holder of Bonds of any remedy hereunder; it being understood and intended that no one or more holders of Bonds shall have any right in any manner whatever by its or their action to enforce any right under this Indenture, except in the manner herein provided, and that all proceedings at law or in equity to enforce any provision of this Indenture shall be instituted, had and maintained in the manner herein provided and for the equal benefit of all holders of the outstanding Bonds. The right of any holder of any Bond to receive payment of the principal of (and premium, ff any) and interest on such Bond out of Revenues, as herein and therein provided, on and after the respective due dates expressed in such Bond, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such holder, notwithstanding the foregoing provisions of this Section or Section 7.08 or any other provision of this Indenture. Section 7.10. Limitation of Liability to Revenues. Notwithstanding anything in this Indenture contained, the Issuer shall not be required or in any way obligated to advance any moneys derived from the proceeds of taxes collected by the Issuer, by the State of California or by any political subdivision thereof or from any source of income of any of the foregoing other than the Revenues, for any of the purposes in this Indenture mentioned, whether for the payment of the principal of or interest on the Bonds or for any other purpose of this Indenture. The Bonds are limited obligations of the lssuer, and are payable from and secured by the Revenues only. Section 7.11. Notice of DefaulL If a default occurs of which the Trustee is by Section 8.01(c) hereof required to take notice or if notice of default be given as in said Section 8.01(c) provided, the Trustee shall promptly give notice thereof to the Borrower, all owners of the Bonds and the Issuer, with such notice to be mailed by first-class mail within three (3) Business Days thereafter, and within fifteen (15) days of a default relating to failure to timely provide for any report, statement, certificate, opinion or similar document. Section 7.12. Control by Bondowner. So long as the Original Purchaser owns at least a majority in aggregate principal amount of the Bonds then Outstanding, the Majority Owner shall direct the Trustee in writing as to the exercise of any right, remedy, trust or power conferred on the Trustee. In the absence of receipt of written direction from the Majority Owner, the Trustee shall request in writing direction from the Majority Owner and, until so directed, shall take no action whatsoever until such time as Trustee receives such written direction. Trustee shall not be liable to any other Bondowner for any action or inaction on Trustee's part, for acting at the direction of the Majority Owner, or for any inaction by Trustee in the absence of written direction from Majority Owner. The Trustee may refuse to follow any such direction that conflicts with law or this Indenture, or, unless the Trustee shall have been 31 provided with indemnity satisfactory to it in its sole discretion, that may result in the personal liability of the Trustee. Notwithstanding any provision herein to the contrary, upon the occurrence of an Event of Default and payment by the Majority Owner of any fees and expenses owing to the Trustee hereunder, the Trustee shaH, at the written direction of the Majority Owner, assign all of its rights and responsibilities hereunder to the Majority Owner, who shall act thereafter as Trustee hereunder for the benefit of the Bondowners. 32 Section 8.02. Right of Trustee to Rely Upon Documents, Etc. Except as otherwise provided in Section 8.01: (a) The Trustee may rely and shah be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, bond or other paper or document believed in good faith by it to be genuine and to have been signed or presented by the proper party or parties; (b) Any consent, demand, direction, election, notice, order or request of the Issuer mentioned herein shall be sufficiently evidenced by a Written Consent, Written Demand, Written Direction, Written Election, Written Notice, Written Order or Written Request of the Issuer, and any resolution of the Issuer may be evidenced to the Trustee by a Certified Resolution; (c) The Trustee may consult with counsel (who may be counsel for the Issuer, counsel for the Trustee or Bond Counsel) and the opinion of such counsel shah be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel; (d) Whenever in the administration of the trusts of this Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of negligence or willful misconduct on the part of the Trustee, be deemed to be conclusively proved and established by a Certificate of the Issuer; and such Certificate of the Issuer shaH, in the absence of negligence or bad faith on the part of the Trustee, be full warrant to the Trustee for any action taken or suffered by it under the provisions of this Indenture upon the faith thereof; and (e) Unless the failure to do so is negligent, the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture or other paper or document, but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit. (f) In determining whether a petition in bankruptcy has been filed against the lssuer or the Borrower (or any guarantor of the Borrower), the Trustee may rely conclusively upon a Certificate of the Issuer or a certificate of the Borrower. Section 8.03. Trustee Not Responsible for Recitals. The recitals contained herein and in the Bonds shall be taken as the statements of the lssuer, and the Trustee assumes no responsibility for the correctness of the same or for the correctness of the redtals in the Loan Agreement or the Regulatory Agreement. The Trustee shah have no responsibility with respect to any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the Bonds. The Trustee makes no representations as to the value or condition of any assets pledged or assigned as security for the Bonds, or as to the right, title or interest of the Issuer therein, or as to the security provided thereby or by this Indenture, the Loan Agreement or the Deed of Trust, or as to the compliance of the Project with the Act, or as to the tax-exempt status of the Bonds, or as to the technical or financial feasibility of the Project, or as to the validity or sufficiency of this Indenture as an instrument of the Issuer or of the Bonds as obligations of the Issuer. The Trustee shall not be accountable for the use or application by the Issuer of any of the Bonds authenticated or delivered hereunder or of the use or application of the proceeds of such Bonds by the Issuer or the Borrower or their agents. 35 Section 8.04. Intervention by Trustee. The Trustee may intervene on behalf of the Bondholders in any judicial proceeding to which the Issuer is a party and which, in the opinion of the Trustee and its counsel, has a substantial bearing on the interests of owners of the Bonds and, subject to the provisions of Section 8.01(d), shall do so if requested in writing by the owners of a majority in aggregate principal amount of all Bonds then outstanding. Section 8.05. Moneys Received by Trustee to be Held in Trust. All moneys received by the Trustee shaH, until used or applied as herein provided, be held in trust for the purposes for which they were received, and shah be segregated from other funds except to the extent required by law or as otherwise provided herein. The Trustee shall be under no liability for interest on any moneys received by it hereunder except such as it may agree with the Issuer to pay thereon. Any moneys held by the Trustee shall be deposited by it in the Bond Fund or the Program Fund hereunder and invested in Investment Securities. Section 8.06. Compensation and Indemnification of Trustee and Agents. The Borrower is required under the Loan Agreement (1) to pay, pursuant to Section 4.02(b) of the Loan Agreement, to the Trustee from time to time reasonable compensation for all services rendered by it hereunder and under the other agreements related to the Bonds to which it is a party (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); (2) except as otherwise expressly provided herein, to reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances incurred or made by the Trustee in accordance with any provision of this Indenture or other agreement related to the Bonds to which the Trustee is a party or incurred in complying with any request made by the Issuer with respect to the Bonds (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be adjudicated by a court of competent jurisdiction to be attributable in whole or in part to its negligence or willful misconduct; (3) to indemnify the Trustee for, and to hold it harmless against, any loss, liability or expense incurred without negligence or willful misconduct on its part, arising out of or in connection with the acceptance or administration of this trust, including the costs and expenses of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties hereunder or other agreement to which the Trustee is a party; and (4) to indemnify the Trustee for any reasonable fees incurred during a period of default hereunder. If any property, other than cash, shall at any time be held by the Trustee subject to this Indenture, or any supplemental indenture, as security for the Bonds, the Trustee, if and to the extent authorized by a receivership, bankruptcy or other court of competent jurisdiction or by the instrument subjecting such property to the provisions of this Indenture as such security for the Bonds, shall be entitled but not obligated to make advances for the purpose of preserving such property or of discharging tax liens or other prior liens or encumbrances thereon. The righis of the Trustee to compensation for services and to payment or reimbursement for expenses, disbursements, liabilities and advances shall have and is hereby granted a lien and a security interest prior to the Bonds in respect of all property and funds held or collected by the Trustee as such, except funds held in trust by the Trustee for the benefit of the holders of particular Bonds, which amounts shall be held solely for the benefit of the Bondholders and used only for the payment of principal of and premium, ff any, and interest on the Bonds. The Trustee's rights to immunities, indemnities and protection from liability hereunder and its rights to payment of its fees and expenses shall survive its resignation or removal and final payment of the Bonds. Notwithstanding anything herein to the contrary, the Trustee shall not have a lien on the Revenues or the Gross Revenues except to the extent, and in the order of priority, provided in Sections 5.01 and 7.03. Section 8.07. Qualifications of Trustee. There shah at all times be a trustee hereunder which shall be a corporation or banking association organized and doing business under the laws of the United States or of a state thereof, authorized under such laws to exercise corporate 36 trust powers, having a combined capital and surplus of at least $100,000,000, and subject to supervision or examination by federal or state authority. If such corporation or banking association publishes reports of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section the combined capital and surplus of such corporation or banking association shah be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shah cease to be eligible in accordance with the provisions of this Section, the Trustee shall resign immediately in the manner and with the effect specified in Section 8.08. Section 8.08. Resignation and Removal of Trustee and Appointment of Successor Trustee. (a) The Trustee may at any time resign by giving written notice delivered to the Issuer and by giving written notice to the Bondholders by first class mail. Upon receiving such notice of resignation, the Issuer, with the consent of any Majority Owner, shall promptly appoint a successor trustee by an instrument in writing. If no successor trustee shall have been so appointed and have accepted appointment within thirty (30) days after the giving of such notice of resignation, the Trustee may petition any court of competent jurisdiction for the appointment of a successor trustee, or any Bondholder who has been a bona fide holder of a Bond for at least six months may, on behalf of itself and others similarly situated, petition any such court for the appointment of a successor trustee. Such court may thereupon, after such notice, ff any, as it may deem proper and may prescribe, appoint a successor trustee. (b) In case at any time either (1) the Trustee shall cease to be eligible in accordance with the provisions of Section 8.07 and shall fail to resign after written request therefor by the Issuer or by any Bondholder who has been a bona fide holder of a Bond for at least six (6) months, or (2) the Trustee shall become incapable of acting, or shall be adjudged a bankrupt or insolvent, or a receiver of the Trustee or of its property shah be appointed, or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabihtation, conservation or liquidation, then, in any such case, the Issuer shall remove the Trustee and, upon such removal or upon any removal pursuant to paragraph (c) of this Section 8.08, except as otherwise provided in said paragraph (c), shall appoint (subject to the reasonable consent of the Majority Owner and the Borrower) a successor trustee by an instrument in writing, or any such Bondholder may, on behalf of itself and all others similarly situated, petifion any court of competent jurisdiction for the removal of the Trustee and the appointment of a successor trustee. Such court may thereupon, after such notice, if any, as it may deem proper and may prescribe, remove the Trustee and appoint a successor trustee. (c) The Issuer, or if the holders of a majority in aggregate principal amount of the Bonds at the time outstanding, may at any time remove the Trustee and may appoint a successor trustee selected by the Issuer with the consent of any Majority Owner by an instrument or concurrent instruments in writing signed by the Issuer or such Bondholders, as the case may be, and delivered to the Trustee and the Issuer. (d) Any resignafion or removal of the Trustee and appointment of a successor trustee pursuant to any of the provisions of this Section shall become effective only upon acceptance of appointment and assumption of duties by the successor trustee as provided in Section 8.09. Section 8.09. Acceptance of Trust by Successor Trustee. Any successor trustee appointed as provided in Secfion 8.08 shall execute, acknowledge and deliver to the Issuer and to its predecessor trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor trustee shall become effective and such successor trustee, without any further act, deed or conveyance, shall become vested with and shall assume all the rights, powers, trusts, duties and obligations of its predecessor in the trusts hereunder, with like effect as if originally named as Trustee herein; but, nevertheless, on the 37 Written Request of the Issuer or the request of the successor trustee, the trustee ceasing to act shall execute and deliver an instrument transferring to such successor trustee, upon the trusts herein expressed, all the rights, powers and trusts of the trustee so ceasing to act. Upon request of any such successor trustee, the Issuer shall execute any and all instruments in writing necessary or desirable for more fully and certainly vesting in and confirming to such successor trustee all such rights, powers and duties. Any trustee ceasing to act shall, nevertheless, retain a lien upon all property or funds held or collected by such trustee to secure the amounts due it as compensation, reimbursement, expenses and indemnity afforded to it by Section 8.06. No successor trustee shah accept appointment as provided in this Section 8.09 unless at the time of such acceptance such successor trustee shall be eligible under the provisions of Section 8.07. Upon acceptance of appointment by a successor trustee as provided in this Section, the Issuer or such successor trustee shall give Bondholders notice by first class mail of the succession of such trustee to the trusts hereunder. In the event of the appointment of a successor Trustee, the predecessor Trustee which has resigned or been removed shall cease to be Trustee of the funds hereunder and bond registrar and paying agent for the Bonds, and the successor Trustee shall become such trustee and shah accept such other appointments as the trustee may hold, including the offices of bond registrar and paying agent hereunder. Section 8.10. Merger or Consolidation of Trustee. Any corporation or association into which the Trustee may be merged or with which it may be consolidated, or any corporation or association resulting from any merger or consolidation to which the Trustee shall be a party, or any corporation or association succeeding to the business of the Trustee, shall be the successor of the Trustee hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding, provided that such successor trustee shall be eligible under the provisions of Section 8.07. Section 8.11. Accounting Records and Reports. The Trustee shall keep proper books of record and account in which complete and correct entries shall be made of all transactions relating to the receipt, disbursement, allocation and application of the Revenues and the proceeds of the Bonds. Such records and other information shall be open to inspection by the Issuer, by the Borrower and by any Bondholder at any reasonable time on reasonable notice. The Trustee shall furnish to the Issuer, the Bondowners and the Borrower regular reports on such dates and containing such information as the Issuer, the Bondowners or the Borrower shall reasonably require, covering the activities and responsibilities of the Trustee. Section 8.12. Dealing in Bonds. The Trustee, in its individual capacity, may in good faith buy, sell, own, hold and deal in any of the Bonds, and may join in any action which any Bondholder may be entitled to take with like effect as if it did not act in any capacity hereunder. The Trustee in its individual capacity, either as principal or agent, may also engage in or be interested in any financial or other transaction with the Issuer, and may act as depository, trustee or agent for any committee or body of Bondholders secured hereby or other obligations of the Issuer as freely as if it did not act in any capacity hereunder. 38 ARTICLE IX MODIfiCATION OF INDENTURE Section 9.01. Modification of Indenture - Specific Events. The Issuer and the Trustee, from time to time and at any time, subject to the conditions and restrictions in this Indenture contained, may enter into an indenture or indentures supplemental hereto, which indenture or indentures thereafter shall form a part hereof, for any one or more of the following purposes: (a) to evidence the succession of a new Trustee hereunder, or to provide for the appointment of a co-trustee in addition to the Trustee approved by the Majority Owner; (b) to make such provisions for the purpose of curing any ambiguity, inconsistency or omission, or of curing, correcting or supplementing any defective provision contained in this Indenture, or in regard to matters or questions arising under this Indenture, as the Issuer may deem necessary or desirable and not inconsistent with this Indenture (including as may be necessary to assure compliance with Section 142, 148 or 265 of the Code, or otherwise to assure the exclusion from gross income under federal tax law of interest on the Bonds), and which shall not adversely affect the interests of the holders of the Bonds; (c) to provide for the issuance of coupon bonds or to provide for the use of a book-entry system; provided, however, that the Issuer and the Trustee shall have received an opinion of Bond Counsel to the effect that issuance of the Bonds in coupon form or the use of a book-entry system, respectively, complies with all applicable laws and will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes; and (d) to modify, amend or supplement this Indenture or any indenture supplemental hereto in such manner as to permit the qualification hereof or thereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect, and, i~ they so determine, to add to this Indenture or any indenture supplemental hereto such other terms, conditions and provisions as may be permitted by said Trust Indenture Act of 1939, as amended, or similar federal statute, and which shall not adversely affect the interests of the holders of the Bonds. Any supplemental indenture authorized by the provisions of this Section may be executed by the Issuer and the Trustee, without the consent of but with notice to the owners of the Bonds, notwithstanding any of the provisions of Section 9.02, but the Trustee shall not be obligated to enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Section 9.02. Modification of Indenture - General. With the prior written consent of the holders of not less than a majority in aggregate principal amount of the Bonds at the time Outstanding, evidenced as provided in Section 11.08, and the consent of the Borrower (but only if any amendment adversely affects the rights or interest of the Borrower), the Issuer and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any supplemental indenture; provided, however, that, except to the extent permitted by Section 9.01, no such supplemental indenture shah (1) extend the fixed maturity of any Bond or reduce the rate of interest thereon or extend the time of payment of interest, or reduce the amount of the principal thereof, or reduce any 39 premium payable on the redemption thereof, without the consent of the holder of each Bond so affected, or (2) reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of such supplemental indentures, or permit the creation of any lien on the Revenues prior to or on a parity with the lien of this Indenture, except as permitted herein, or permit the creation of any preference of any Bondholder over any other Bondholder or deprive the holders of the Bonds of the lien created by this Indenture upon the Revenues, without in each case the consent of the holders of all the Bonds then outstanding. Upon receipt by the Trustee of a Certified Resolution authorizing the execution of any such supplemental indenture, and upon the filing with the Trustee of evidence of the consent of Bondholders, as aforesaid, the Trustee shall join with the Issuer in the execution of such supplemental Indenture, unless (i) such supplemental indenture affects the Trustee's own rights, duties or immunities under this Indenture or otherwise, In which case the Trustee may in its discretion, but shall not be obligated to, enter Into such supplemental Indenture; or (ii) such supplemental indenture affects the rights or obligations of the Borrower hereunder or under the Loan Agreement, in which case the Trustee shall enter into such supplemental indenture only if the Trustee has received the gorrower's written consent thereto. Promptly after the execution by the Issuer and the Trustee of any supplemental indenture pursuant to the provisions of this Section, the Trustee shall give Bondholders, by first class mail, a notice setting forth the specific terms of such supplemental indenture. Section 9.03. Effect of Supplemental Indenture. Upon the execution of any supplemental indenture pursuant to the provisions of this Article IX, this Indenture shall be and be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the lssuer, the Trustee and all holders of outstanding Bonds shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such supplemental indenture shall be part of the terms and conditions of this Indenture for any and all purposes. Section 9.04. Opinion of Counsel as to Supplemental Indenture. Subject to the provisions of Section 8.01, the Trustee shall be entitled to receive, and shah be fully protected in relying upon, an Opinion of Counsel as conclusive evidence that any supplemental indenture executed pursuant to the provisions of this Article IX is authorized and permitted by this Indenture. Notwithstanding the provisions of Sections 9.01 or 9.02 hereof, the Trustee shall not execute any Supplemental Indenture unless it has first been provided with an opinion of Bond Counsel to the effect that (i) such Supplemented Indenture will not adversely affect the exclusion from gross income for purposes of federal income taxation of interest paid on the Bonds or the Bank Qualified nature of the Bonds, and (li) that such Supplemental Indenture is permitted by this Indenture and the Supplemental Agreement, except to the extent that the condition for such opinion is waived by the owners of a majority in principal amount of the Bonds then Outstanding. Section 9.05. Notation of Modification on Bonds; Preparation of New Bonds. Bonds authenticated and delivered after the execution of any supplemental indenture pursuant to the provisions of this Article IX may bear a notation, in form approved by the Trustee and the Issuer as to any matter provided for in such supplemental indenture, and if such supplemental indenture shall so provide, new Bonds, so modified as to conform, in the opinion of the Trustee and the Issuer, to any modification of this Indenture contained in any such supplemental indenture, may be prepared by the Issuer, authenticated by the Trustee and delivered without cost to the holders of the Bonds then outstanding, upon surrender for cancellation of such Bonds in equal aggregate principal amounts. 40 ARTICLE X DEFEASANCE Section 10.01. Discharge of Indenture. If the entire indebtedness on all Bonds outstanding shah be paid and discharged in any one or more of the following ways: (a) by the payment of the principal of (including redemption premium, if any) and interest on aH Bonds outstanding; or (b) by the deposit or credit to the account of the Trustee, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 10.04) to pay or redeem Bonds outstanding, whether by redemption or otherwise; or (c) by the delivery to the Trustee, for cancellation by it, of aH Bonds outstanding; and if all other sums payable hereunder by the Issuer shah be paid and discharged, then and in that case this Indenture shall cease, terminate and become null and Void, except only as provided in Sections 2.04, 2.05, 6.08, 8.06, 10.02 and 10.03 hereof, and thereupon the Trustee shall, upon Written Request of the Issuer, and upon receipt by the Trustee of a Certificate of the Issuer and an Opinion of Counsel, each stating that in the opinion of the signers all conditions precedent to the satisfaction and discharge of this Indenture have been complied with, forthwith execute proper instruments acknowledging satisfaction of and discharging this Indenture. The fees, expenses and charges of the Trustee (including reasonable counsel fees) must be paid in order to effect such discharge. The satisfaction and discharge of this Indenture shall be without prejudice to the rights of the Trustee to charge and be reimbursed by the Borrower for any expenditures which it may thereafter incur in connection herewith. The Issuer or the Borrower may at any time surrender to the Trustee for cancellation by it any Bonds previously authenticated and delivered which the Issuer or the Borrower lawfully may have acquired in any manner whatsoever, and such Bonds upon such surrender and cancellation shah be deemed to be paid and retired. Section 10.02. Discharge of Liability on Bonds. Upon the deposit with the Trustee, in trust, at or before maturity, of money or securities in the necessary amount (as provided in Section 10.04) to pay or redeem outstanding Bonds (whether upon or prior to their maturity or the redemption date of such Bonds) provided that, if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shah have been given as in Article IV provided or provision satisfactory to the Trustee shah have been made for the giving of such notice, aH liability of the Issuer in respect of such Bonds shall cease, terminate and be completely discharged, except only that thereafter the holders thereof shall be entitled to payment by the Issuer, and the Issuer shall remain liable for such payment, but only out of the money or securities deposited with the Trustee as aforesaid for their payment, subject, however, to the provisions of Section 10.03. Section 10.03. Payment of Bonds after Discharge of Indenture. Notwithstanding any provisions of this Indenture, any moneys deposited with the Trustee or any paying agent in trust for the payment of the principal of, or interest or premium on, any Bonds remaining unclaimed for two (2) years after the principal of all the outstanding Bonds has become due and payable (whether at maturity or upon call for redemption or by declaration as provided in this Indenture), shall then be paid to the Issuer, and the holders of such Bonds shall thereafter be entitled to look only to the Issuer for payment thereof, and only to the extent of the amount 41 so paid to the Issuer, and all liability of the Trustee or any paying agent with respect to such moneys shall thereupon cease. In the event of the payment of any such moneys to the Issuer as aforesaid, the holders of the Bonds in respect of which such moneys were deposited shall thereafter be deemed to be unsecured creditors of the Issuer for amounts equivalent to the respective amounts deposited for the payment of such Bonds and so paid to the Issuer. Section 10.04. Deposit of Money or Securities with Trustee. Whenever in this Indenture it is provided or permitted that there be deposited with or credited to the account of or held in trust by the Trustee money or securities in the necessary amount to pay or redeem any Bonds, the money or securities so to be deposited or held shall be: (a) lawful money of the United States of America in an amount equal to the principal amount of such Bonds and all unpaid interest thereon to maturity, except that, in the case of Bonds which are to be redeemed prior to maturity and in respect of which there shah have been furnished to the Trustee proof satisfactory to it that notice of such redemption on a specified redemption date has been duly given or provision satisfactory to the Trustee shall be made for such notice, the amount so to be deposited or held shall be the principal amount of such Bonds and interest thereon to the redemption date, together with the redemption premium, if any; or (b) noncallable direct obligations of the United States of America or obligations which as to principal and interest constitute full faith and credit obligations of the United States of America, in such amounts and maturing at such times that the proceeds of said obligations received upon their respective maturities and interest payment dates, without further reinvestment, will provide funds sufficient, in the opinion of Bond Counsel or a nationally recognized firm of certified public accountants, to pay the principal, premium, if any, and interest to maturity, or to the redemption date, as the case may be, with respect to all of the Bonds to be paid or redeemed, as such principal, premium and interest become due; provided that the Trustee shah have been irrevocably instructed by the Issuer to apply the proceeds of said obligations to the payment of said principal, premium, if any, and interest with respect to such Bonds. 42 ARTICLE XI MISCELLANEOUS Section 11.01. Successors of Issuer. All the covenants, stipulations, promises and agreements in this Indenture contained, by or on behalf of the Issuer, shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. If any of the powers or duties of the Issuer shall hereafter be transferred by any law of the State of California, and if such transfer shall relate to any matter or thing permitted or required to be done under this Indenture by the Issuer, then the body or official who shall succeed to such powers or duties shall act and be obligated in the place and stead of the Issuer as in this Indenture provided. Section 11.02. Limitation of Rights to Parties and Bondholders. Nothing in this Indenture or in the Bonds expressed or implied is intended or shall be construed to give to any person other than the Issuer, the Trustee, the Borrower and the owners of the Bonds issued hereunder any legal or equitable right, remedy or claim under or in respect of this Indenture or any covenant, condition or provision therein or herein contained; and all such covenants, conditions and provisions are and shall be held for the sole and exclusive benefit of the Issuer, the Trustee, the Borrower and the holders of the Bonds issued hereunder. Section 11.03. Waiver of Notice. Whenever in this Indenture the giving of notice by mail or otherwise is required, the giving of such notice may be waived in writing by the person entitled to receive such notice and in any such case the giving or receipt of such notice shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. Section 11.04. Destruction of Bonds. Whenever in this Indenture provision is made for the cancellation by the Trustee and the delivery to the Issuer of any Bonds, the Trustee shall, in lieu of such cancellation and delivery, destroy such Bonds and deliver a certificate of such destruction to the Issuer. Section 11.05. Separability of Invalid Provisions. In case any one or more of the provisions contained in this Indenture or in the Bonds shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Indenture, but this Indenture shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 11.06. Notices. It shall be sufficient service of any notice, request, complaint, demand or other paper on the lssuer, the Trustee, the Original Purchaser or the Borrower if the same shall, except as otherwise provided herein, be duly mailed by first class mail, postage prepaid, or given by telephone or telecopier and confirmed by such mail, and to the other parties as follows: The Issuer. Redevelopment Agency of the City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Finance Director The Trustee: First Trust of California, National Association 550 South Hope Street, Suite 500 Los Angeles, CA 90071 Attention: Corporate Trust Administration 43 The Borrower: The Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Plaza 1, Indio, CA 92201 Attention: Executive Director TheBondholder: The address appearing on the registration books, unless the Bondholders shall notify the Trustee of a different address for the mailing of notices, and any notice to the Original Purchaser, so long as it is an owner of the Bonds, shall be provided to it at the address specified on the signature page of the Supplemental Agreement. The Issuer, the Original Purchaser, the Trustee and the Borrower may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. Notwithstanding the foregoing provisions of this Section 11.06, the Trustee shall not be deemed to have received, and shall not be liable for failing to act upon the contents of, any notice unless and until the Trustee actually receives such notice. Section 11.07. Authorized Representatives. Whenever under the provisions of this Indenture the approval of the Issuer or the Borrower is required for any action, and whenever the Issuer or the Borrower is required to deliver any notice or other writing, such approval or such notice or other writing shall be given, respectively, on behalf of the Issuer by the Authorized Issuer Representative or on behalf of the Borrower by the Authorized Borrower Representative, and the Issuer, the Trustee and the Borrower shall be authorized to act on any such approval or notice or other writing and neither party hereto nor the Borrower shall have any complaint against the others as a result of any such action taken. Section 11.08. Evidence of Rights of Bondholders. (a) Any request, consent or other instrument required by this Indenture to be signed and executed by Bondholders may be in any number of concurrent writings of substantially similar tenor and may be signed or executed by such Bondholders in person or by agent or agents duly appointed in writing. Proof of the execution of any such request, consent or other instrument or of a writing appointing any such agent, or of the ownership of any Bonds, shall be sufficient for any purpose of this Indenture and shall be conclusive in favor of the Trustee and of the Issuer if made in the manner provided in this Section. (b) The fact and date of the execution by any person of any such request, consent or other instrument or writing may be proved by the affidavit of a witness of such execution or by the certificate of any notary public or other officer of any jurisdiction, authorized by the laws thereof to take acknowledgments of deeds, certifying that the person signing such request, consent or other instrument or writing acknowledged to him the execution thereof. (c) The ownership of Bonds shall be proved by the Bond register maintained pursuant to Section 2.06 hereof. The fact and the date of execution of any request, consent or other instrument and the amount and distinguishing numbers of Bonds held by the person so executing such request, consent or other instrument may also be proved in any other manner which the Trustee may deem sufficient. The Trustee may nevertheless, in its discretion, require further proof in cases where it may deem further proof desirable. (d) Any request, consent or vote of the holder of any Bond shall bind every future holder of the same Bond and the holder of any Bond issued in exchange therefor or in lieu thereof, in respect of anything done or suffered to be done by the Trustee or the Issuer in pursuance of such request, consent or vote. (e) In determining whether the holders of the requisite aggregate principal amount of Bonds have concurred in any demand, request, direction, consent or waiver under this Indenture, Bonds which are owned by the Issuer or by any other direct or indirect obligor on the Bonds, or by any person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Issuer or any other direct or indirect obligor on the Bonds, shall be disregarded and deemed not to be outstanding for the purpose of any such determination, provided that, for the purpose of determining whether the Trustee shall be protected in relying on any such demand, request, direction, consent or waiver, only Bonds which the Trustee knows to be so owned shall be disregarded. Bonds so owned which have been pledged in good faith may be regarded as outstanding for the purposes of this subsection (e) if the pledgee shall establish to the satisfaction of the Trustee and the Issuer the pledgee's right to vote such Bonds and that the pledgee is not a person directly or indirectly controlling or controlled by, or under direct or indirect common control with, the Issuer or any other direct or indirect obligor on the Bonds. In case of a dispute as to such right, any decision by the Trustee taken upon the advice of counsel shall be full protection to the Trustee. Solely for purposes of the limitation expressed in this paragraph (e), the Borrower shall be deemed to be an indirect obllgor on the Bonds. (f) In lieu of obtaining any demand, request, direction, consent or waiver in writing, the Trustee may call and hold a meeting of the Bondholders upon such notice and in accordance with such rules and regulations as the Trustee considers fair and reasonable for the purpose of obtaining any such action. Section 11.09. Waiver of Personal Liability. No officer, member of the governing board, agent, official or employee of the Issuer, and no officer, official, agent or employee of the Issuer or any department, board or agency of any of the foregoing, shall be individually or personally liable for the payment of the principal of or premium or interest on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof; but nothing herein contained shall relieve any such person from the performance of any official duty provided by law or by this Indenture. Section 11.10. Holidays. If the date for making any payment, any act (including the giving of notice), or the last date for performance of any act or the exercising of any right, as provided in this Indenture, is not a Business Day, such payment may be made or act performed or right exercised on the next succeeding Business Day with the same force and effect as if done on the date provided therefor in this Indenture and, in the case of any payment, no interest shall accrue for the period after such date. Section 11.11. Execution in Several Counterparts. This Indenture may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the Issuer and the Trustee shall preserve undestroyed, shall together constitute but one and the same instrument. Section 11.12. Governing Law. This Indenture shall be governed by and construed in accordance with the laws of the State. Section 11.13. Arbitration. (a) In any judicial action between or among the parties hereto and/or the Bondowners, including but not limited to any action or cause of action arising out of or relating to this Indenture or the Loan Documents or based on or arising from an alleged tort, all decisions of fact and law will at the request of any party be referred to a referee in accordance with California Code of Civil Procedure Sections 638 et seq. The relevant parties 45 will designate to the court a referee or referees selected under the auspices of the American Arbitration Association CAAA") in the same manner as arbitrators are selected in AAA- sponsored proceedings. The presiding referee of the panel, or the referee if there is a single referee, must be an active attorney or retired judge. Judgment upon the award rendered by the referee or referees may be entered in the court in which the proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. (b) After the Deed of Trust has been released, fully reconveyed, or extinguished, any controversy or claim between or among the parties hereto and/or the Bondowners, including those arising out of or relating to this Indenture or the Loan Documents and any claim based on or arising from an alleged tort, must at the request of any party be determined by arbitration. The arbitration must be conducted in accordance with the United States Arbitration Act (Title 9, U.S. Code), notwithstanding any choice of law provision in this Indenture, and under the Commercial Rules of the AAA. The arbitrator(s) must give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable will be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy does not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. (c) The provisions of the preceding paragraph (b) notwithstanding, no controversy or claim may be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, the controversy or claim arises from or relates to an obligation to the Bondowners which is secured by real property collateral. If all parties do not consent to submission of the controversy or claim to arbitration, the controversy or claim must be determined as provided in Section 11.13(a). (d) No provision of this Section 11.13 limits the right of any party to this Indenture or the Bondowners to exercise self-help remedies such as setoff, foreclosure against or sale of any real or personal property collateral or security, or obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Bondowner's option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure. 46 IN WITNESS WHEREOF, the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA has caused this Indenture to be signed in its name by its duly authorized officer and FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, in token of its acceptance of the trust created hereunder, has caused this Indenture to be signed in its name by its duly authorized officer, all as of the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Deputy Executive Director, Finance FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Trustee 30050-01:J2086 Vice President 47 EXHIBIT A FORM OF BOND No. $ REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MULTIFAMILY HOUSING REVENUE BOND, 1996 SERIES A (RANCHO WEST APARTMENTS) The securities represented hereby (1) have not been registered or qualified under federal or state securities laws, (2) have been acquired for investment and not with a view to or in connection with the sale or distribution thereof, and (3) may not be sold or otherwise transferred without full satisfaction of the applicable requirements of the Indenture, including the delivery to the Trustee of the documents required therein in connection with any transfer of this Bond. Any transfer of this Bond in violation of the transfer restrictions contained in the Indenture shah be void and of no effect. RATE OF INTEREST MATURITY DATE DATED DATE Variable April 1, 2016 March ._., 1996 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS The REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, duly organized and existing under the laws of the State of California (herein called the "Issuer"), for value received, hereby promises to pay (but only out of Revenues as hereinafter provided) to the registered owner identified above or registered assigns, on the Maturity Date stated above (subject to any right of prior redemption hereinafter mentioned), the principal sum identified above by check in lawful money of the United States of America; and to pay interest thereon by check in like money from the Dated Date stated above, until payment of such principal sum, at the Initial Rate (as defined in the Indenture described below) prior to the Reset Date (as defined in the Indenture described below), and thereafter at the Reset Rate (as defined in the Indenture described below). The principal or redemption price hereof is payable by check upon presentation and surrender hereof at the Principal Office of First Trust of California, National Association (herein called the "Trustee"), defined in and designated in the Indenture (defined below) and interest shall be paid by check mailed, first class mail, postage prepaid to the person in whose name this Bond is registered on or before the Record Date (as hereinafter defined), at the address of such registered owner shown on the books of the Trustee, except that (a) Bonds to be redeemed in part pursuant to the provisions of Section 4.01 (d) of the Indenture need not be surrendered as a condition to the payment of any redemption amount described in Section 4.01(d) of the Indenture, (b) such interest payments may be made by wire transfer to any registered owner of $1,000,000 or more in aggregate principal amount of the Bonds who shall have designated to the Trustee an account within the United States for such payments at least fifteen days before the Record Date therefor, and (c) so long as the Original Purchaser (as defined in the Indenture) is the owner of any Bonds, all payments on such Bonds shall be made as provided in the Indenture. The Indenture provides for the payment of a Late Charge (as defined in the Indenture), and A-I additional interest, under the circumstances set forth in the Indenture in the event that principal and/or interest due hereon are not timely paid when due. This Bond is one of a duly authorized issue of bonds of the Issuer designated as "Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments)" (herein called the "Bonds"), in the initial aggregate principal amount of $ , authorized to be issued pursuant to Chapter 7.5 of Part 1 of Division 24 of the Health and Safety Code of the State of California (herein called the "Act"), and issued under and secured by an Indenture of Trust, dated as of March 1, 1996 (herein called the "Indenture"), between the Issuer and the Trustee. Reference is hereby made to the Indenture and all indentures supplemental thereto for a description of the rights thereunder of the owners of the Bonds, of the nature and extent of the security, of the rights, duties and immunities of the Trustee and of the rights and obligations of the Issuer thereunder, to all of the provisions of which Indenture the holder of this Bond, by acceptance hereof, assents and agrees. This Bond shall bear interest from the date to which interest has been paid next preceding the date of registration of this Bond (unless this Bond is registered as of an Interest Payment Date for which interest has been paid, or after the Record Date in respect thereof, in which event it shah bear interest from such Interest Payment Date, or unless it is registered on or before the Record Date for the first Interest Payment Date, in which event it shall bear interest from the date of the first authentication and delivery of the Bonds). The term "Record Date" means the fifteenth (15th) day of the month before an Interest Payment Date. THE FAITH AND CREDIT OF THE ISSUER IS NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR PREMIUM OR INTEREST ON THIS BOND. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE ISSUER. NEITHER THE MEMBERS OF THE GOVERNING BOARD OF THE ISSUER NOR ANY OFFICIAL OR EMPLOYEE OF THE ISSUER, NOR ANY PERSON EXECUTING THE BONDS ARE LIABLE PERSONALLY ON THE BONDS OR SUBJECT TO ANY PERSONAL LIABILITY OR ACCOUNTABILITY BY REASON OF THEIR ISSUANCE. THE BONDS ARE LIMITED OBLIGATIONS OF THE ISSUER, PAYABLE SOLELY OUT OF REVENUES PLEDGED THEREFOR UNDER THE INDENTURE. THE BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF THE ISSUER OR A LOAN OF CREDIT THEREOF WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION, NOR DO THE BONDS CREATE ANY MORAL OBLIGATION ON THE PART OF THE ISSUER, THE STATE OF CALIFORNIA OR ANY POLITICAL SUBDIVISION THEREOF WITH RESPECT TO THEIR PAYMENT. The Bonds are limited obligations of the Issuer and, as and to the extent set forth in the Indenture, are payable solely from, and secured by a pledge of and lien on, the Revenues (as that term is defined in the Indenture), consisting primarily of amounts paid by The Coachella Valley Housing Coalition, a California nonprofit public benefit corporation (the "Borrower") pursuant to a Loan Agreement, dated as of March 1, 1996 (the "Loan Agreement"), among the Issuer, the Trustee and the Borrower, as supplemented by a Supplemental Agreement, dated as of March 1, 1996 among the Trustee, the Borrower, the Issuer and the initial owner of the Bonds, to finance the acquisition and rehabilitation of a multifamily rental housing development (the "Project") in the City of Temecula. The Issuer has no obligation to contribute any of its funds to the payment of the Bonds and has no intent to so contribute any of its funds. Interest accrued on this Bond shall be paid on each Interest Payment Date, commencing May 1, 1996 to the Bondowner of this Bond as of the applicable Record Date. "Interest Payment Date" is defined to mean the first Business Day (as defined in the Indenture) of each calendar month. A-2 Prior to the Reset Date, this Bond shall bear interest at the Initial Rate, determined as set forth in the Indenture. On and following the Reset Date this Bond shall bear interest at the Reset Rate, determined as provided in the Indenture. Additional amounts may be payable on this Bond in respect of amounts due hereon as provided in Section 2.02(c) of the Indenture. The Bonds shall be subject to redemption prior to maturity, at a price equal to the principal amount of Bonds redeemed plus interest accrued thereon to the date fixed for redemption, plus (except for a redemption described in the succeeding clause (c)) a premium as provided in the Indenture: (a) in whole or in part on any Interest Payment Date if insurance or condemnation awards are received with respect to the Project; (b) in whole on the next date for which notice of redemption can timely be given if the Loan is accelerated following a default by the Borrower, but only at the written request of the owners of a majority in principal amount of the Bonds then outstanding; and (c) in part on each Interest Payment Date from sinking payments in the amounts specified in the Indenture; (d) in whole, at the request of the Bondowners following the occurrence of an Event of Taxability. The Bonds shall also be subject to redemption on any Interest Payment Date on or after May 1, 1996, in whole from a voluntary prepayment of the Loan, at a redemption price equal to the principal amount of Bonds to be redeemed, plus interest accrued thereon to the date of redemption, together with a premium in the amount specified in the Indenture. Notice of Redemption of Bonds, to the extent required under the Indenture, shall be given to the registered owners thereof as provided in the Indenture, not less than three (3) nor more than ten (10) Business Days before the date fixed for redemption. No notice of redemption will be given in connection with redemptions of the character described in clause (c) of the second preceding paragraph. If this Bond is called for redemption and payment is duly provided therefor as specified in the Indenture, interest hereon shall cease to accrue from and after the date fixed for redemption. If an Event of Default, as defined in the Indenture, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture. The Indenture provides that in certain events such declaration and its consequences may be rescinded by the holders of at least a majority in aggregate principal amount of the Bonds then outstanding. The Bonds are issuable only as fully registered Bonds without coupons in denon~inations of $1,000 or any integral multiple of $500 in excess thereof. Subject to the limitations and upon payment of the charges, if any, provided in the Indenture, Bonds may be exchanged at the Principal Office of the Trustee for a like aggregate principal amount of Bonds of the same series of other authorized denominations. This Bond is transferable by the registered owner hereof, in person, or by its attorney duly authorized in writing, at the Principal Office of the Trustee, but only in the manner, subject to the limitations and upon payment of the charges provided in the Indenture, and upon surrender and cancellation of this Bond and delivery to the Trustee of any documents required by the Indenture. Upon such transfer a new fully registered Bond or Bonds, of the same series and of authorized denomination or denominations, for the same aggregate principal amount, will be issued to the transferee in exchange herefor. The Issuer and the Trustee may treat the registered owner hereof as the absolute owner hereof for all purposes, and the Issuer and the Trustee shall not be affected by any notice to the contrary. The Indenture contains provisions permitting the Issuer and the Trustee to execute supplemental indentures adding provisions to, or changing or eliminating any of the provisions of, the Indenture, subject to the limitations set forth in the Indenture. A-3 No officer, member of the governing board, official, agent or employee of the Issuer, and no officer, official, agent or employee of the State of California, nor any person executing this Bond, shall in any event be subject to any personal liability or accountability by reason of the issuance of the Bonds. The Bonds are not a debt, nor a pledge of the faith and credit, of the State of California or any of its political subdivisions (other than of the Issuer to the limited extent set forth in the Indenture) and neither are they liable on the Bonds, nor are the Bonds payable out of any funds or properties other than those of the Issuer pledged for the payment thereof. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation. The Issuer hereby certifies that all of the conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by the Constitution and statutes of the State of California (including the Act) and that the amount of this Bond, together with all other indebtedness of the Issuer, does not exceed any limit prescribed by the Constitution or statutes of the State of California. This Bond shall not be entitled to any benefit under the Indenture, or become valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall have been signed by the Trustee. A-4 IN WITNESS WHEREOF, the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA has caused this Bond to be executed in its name by the manual or facsimile signature of its Chairman and its official seal to be impressed or printed hereon and attested by the manual or facsimile signature of its Secretary, all as of the Dated Date set forth above. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Attest: By Chairman By Secretary FORM OF CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-mentioned Indenture and has been registered on this date: FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Trustee Authorized Officer A-5 FORM OF ASSIGNMENT For value received the undersigned hereby sells, assigns and transfers unto (Name, Address and Tax Identification or Social Security Number) the within-mentioned registered Bond and hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the registration books of the Trustee with full power of substitution in the premises. Dated: Signatures Guaranteed: Note: Signature(s) must be guaranteed by an eligible guarantor. Note: The signatures(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. A-6 EXHIBIT B FORM OF INVESTOR LETTER [date of transfer] Redevelopment Agency of the City of Temecula 43174 Business Park Drive Temecula, California 92590 First Trust of California, National Association, as trustee 550 South Hope Street, Suite 500 Los Angeles, California 90071 Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments) Ladies and Gentlemen: In connection with our purchase of some or all of the above-referenced Bonds (the "Bonds") on the date hereof, the undersigned (the "Purchaser") hereby represents, warrants and agrees that: 1. The Purchaser has sufficient knowledge and experience in financial and business matters to be able to evaluate the risks and merits of the investment represented by the purchase of all or a portion of the Bonds, and to be able to evaluate the creditworthiness of The Coachella Valley Housing Coalition, a California nonprofit public benefit corporation (the "Borrower"), and the credit quality of the Loan Agreement (defined below) and the Bonds. 2. The Purchaser is an "accredited investor" as such term is defined in Rule 501(a) of Regulation D promulgated under the United States Securities Act of 1933, as amended. 3. No official statement, prospectus, disclosure document or other comprehensive offering statement containing material information with respect to the Borrower and the Bonds is being issued. The Purchaser has made its own inquiry and analysis, to the extent it has deemed appropriate with respect to the Borrower, the security for the Bonds and the ability of the Borrower to fulfill its obligations under the Loan Agreement (the "Loan Agreement") dated as of March 1, 1996, by and among the Borrower, the Redevelopment Agency of the City of Temecula (the "Issuer") and First Trust of California, National Association, as trustee (the "Trustee"), and the Supplemental Agreement and the Deed of Trust (as such terms are used in the Loan Agreement). The Purchaser understands that no financial information or statistical data in connection with this transaction was reyiewed by the Issuer or the Trustee. 4. The Purchaser either has been supplied with or has had access to such information as it has requested relating to its investment decision to purchase the Bonds. B-I Redevelopmerit Agency of the City of Temecula First Trust of California, National Association [date of transfer] Page 2 5. The Purchaser acknowledges that none of the Issuer, the Trustee or any Bond Counsel has made any representation regarding the quality, creditworthiness or liquidity of the Bonds. 6. The Bonds (a) are not being registered under the Securities Act of 1933, as amended, and are not being registered or otherwise qualified for sale under the "Blue Sky" laws or regulations of any state, (b) will not be listed on any stock or other securities exchange, (c) will not carry a rating from any rating service, and (d) may not be readily marketable. The Purchaser agrees and acknowledges that so long as the Bonds are in authorized denominations of $1,000 or more the Bonds cannot be sold unless (i) they are subsequently registered under such acts or an exemption from such registration is available, and (ii) any such purchaser delivers a letter substantially in the form of this letter and addressed and delivered to the same addressees, along with any other documents required under Section 2.05(b) of the Indenture referenced in the Loan Agreement. 7. The Purchaser is able to bear the economic risk of the investment represented by its purchase of the Bonds. 8. The Purchaser is acquiring the Bonds for its own account for investment and not with a view to dividing its participation with others or with a view to, or for resale in connection with, a "distribution" (as that term is used in United States Securities Act of 1933, as amended, and Rules and Regulations of the Securities and Exchange Commission promulgated thereunder) of all or any portion thereof; provided, however, that the disposition of the Bonds shall at all times be and remain within the Purchaser's control. The Purchaser has no present intention of selling, negotiating or otherwise disposing of the Bonds or any participation therein. 9. The Purchaser shall not assign or offer the Bonds for sale without complying with all applicable securities laws and the applicable provisions of the Indenture referenced in the Loan Agreement. B-2 EXHIBIT C MONTHLY PRINCIPAL AMORTIZATION TABLE Principal Amount to be Redeemed on Interest Payment Month Date in such month Month Prindpal Amount to be Redeemed on Interest Payment Date in such month [to come] Notwithstanding the foregoing,. the sinking fund amount for each month following the Reset Date to and including the date of maturity of the Bonds shall be redetermined by the Majority Owner within five (5) Business Days of the Reset Date, and shall be equal to the quotient obtained by dividing (i) the sum of the amount of principal which would be paid each such month during such period if the Outstanding principal amount of the Bonds as of the Reset Date were amortized, in equal monthly payments of principal and interest, over a period commencing with the first day of the month in following the Reset Date and ending the date of maturity of the Bonds, at a rate equal to the Reset Rate, by (ii) 120. The Majority Owner shall provide the Trustee and the Borrower with written notice of the revised sinking fund payments to be in effect from and after the Reset Date. C-I 30050-01 JHHW:PJ3':Cra 03/06/96 J2087 03/19/96 LOAN AGREEMENT Among the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Trustee and THE COACHELLA VALLEY HOUSING COALITION Dated as of March 1, 1996 Relating to: Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Issue A (Rancho West Apartments) TABLE OF CONTENTS Section 1.01. Section 1.02. Section 2.01. Section 2.02. Section 2.03. Section 3.01. Section 3.02. Section 3.03. Section 3.04. Section 4.01. Section 4.02. Section 4.03. Section 4.04. Section 4.05. Section 5.01. Section 5.02. Section 5.03. Section 5.04. Section 5.05. Section 5.06. Section 5.07. Section 5.08. Section 5.09. Section 5.10. Section 5.11. Section S.12. Section 5.13. Section 5.14. Section 5.15. Section 5.16. Section 5.17. Section 5.18. ARTICLE 1 DEFINITIONS AND CONSTRUCTION Definition of Terms ...............................................................................................2 Rules of Construction ............................................................................................2 ARTICLE II GENERAL REPRESENTATIONS AND AGREEMENTS Representations and Agreements of the Issuer ....................................................... 3 Representations and Agreements of the Trustee ..................................................... 3 Representations and Agreements of the Borrower .................................................. 3 ARTICLE III FINANCING OF THE PROJECT; ISSUANCE OF THE BONDS Agreement to Issue Bonds; Application of Bond Proceeds ....................................... 8 Disbursement From the Program Fund ................................................................. 8 Investment of Moneys; Arbitrage .......................................................................... 8 Limited Liability ..................................................................................................8 ARTICLE IV LOAN OF PROCEEDS; PAYMENT PROVISIONS Loan of Bond Proceeds ........................................................................................10 Loan Repayment and Payment of Other Amounts ............................................... 10 Unconditional Obligations ..................................................................................12 Assignment of lssuer's Rights...2 ..........................................................................13 Amounts Remaining in Bond Fund ..................................................................... 13 ARTICLE V SPECIAL COVENANTS AND AGREEMENTS Right of Access to the Project and Records ............................................................ 14 Maintenance of Existence; Assignments ............................................................... 14 Statement of Compliance; Notice of Certain Events ............................................... 15 Insurance; Maintenance and Repair ..................................................................... 16 Additional Instruments .......................................................................................16 Tax-Exempt Status of Bonds .................................................................................16 Regulatory Agreement .......................................................................................17 Supplemental Agreement; Deed of Trust ............................................................. 17 Indenture ...........................................................................................................18 No Untrue Statements .........................................................................................18 Useful Life .........................................................................................................18 Title to the Project ...............................................................................................18 Federal Guarantee Prohibition ............................................................................18 Prohibited Facilities ............................................................................................18 Payment of Obligations ......................................................................................18 Limitation on Indebtedness .................................................................................18 Accounting Records; Reports ...............................................................................19 Continuing Disclosure to Owners ........................................................................ 19 ARTICLE VI DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF PROCEEDS Section 6.01. Obligation to Continue Payments ........................................................................20 Section 6.02. Application of Net Proceeds ................................................................................20 Section 6.03. Insufficiency of Net Proceeds ...............................................................................20 Section 7.01. Section 7.02. Section 7.03. Section 7.04. Section 7.05. Section 7.06. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Events of Default ................................................................................................21 Remedies on Default ..........................................................................................21 Agreement to Pay Attorneys' Fees and Expenses .................................................23 No Remedy Exclusive .........................................................................................24 No Additional Waiver Implied by One Waiver ...................................................24 Notice of Certain Events ......................................................................................24 Section 8.01. Section 8.02. Section 8.03. ARTICLE VIII PREPAYMENT Prepayment of Loan ...........................................................................................25 Redemption of Bonds Upon Prepayment .............................................................25 Amount of Prepayment ......................................................................................25 ARTICLE IX LIMITATION ON LIABILITY OF ISSUER; EXPENSES; INDEMNIFICATION Section 9.01. Limitation on Liability of lssuer ...........................................................................27 Section 9.02. Expenses ............................................................................................................27 Section 9.03. Indemnification ..................................................................................................27 Section 10.01. Section 10.02. Section 10.03. Section 10.04. Section 10.05. Section 10.06. Section 10.07. Section 10.08. Section 10.09. Section 10.10. ARTICLE X MISCELLANEOUS Notices ...............................................................................................................30 Severability ........................................................................................................30 Execution of Counterparts ...................................................................................30 Amendments, Changes and Modifications ...........................................................30 Governing Law ..................................................................................................30 Authorized Representatives ................................................................................30 Term of the Agreement ......................................................................................30 Binding Effect .....................................................................................................31 Capadty of Trustee .............................................................................................31 Arbitration .........................................................................................................31 EXHIBIT A - FORM OF PROMISSORY NOTE EXHIBIT B - FORM OF FUNDING REQUISITION LOAN AGREEMENT THIS LOAN AGREEMENT, dated as of March 1, 1996, by and among the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, organized and existing under the laws of the State of California (the "Issuer"), FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as trustee under that certain Indenture of Trust, dated as of March 1, 1996, by and between the Issuer and said trustee (the "Trustee") and THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation (the "Borrower"), RECITALS WHEREAS, the Issuer is authorized by Chapter 7.5 of Part I of Division 24 of the Health and Safety Code of the State of California (the "Act") to issue revenue bonds for the purpose of making loans to nonprofit organizations to finance the acquisition of multifamily rental housing developments located in the jurisdiction of the Issuer; and WHEREAS, the Borrower has requested the assistance of the Issuer in financing a multifamily rental housing development known as Rancho West Apartments located in the City of Temecula (the "Project"), and as a condition to the granting of such financial assistance, the Borrower has agreed to enter into a Regulatory Agreement and Declaration of Restrictive Covenants (the "Regulatory Agreement"), setting forth certain restrictions with respect to the Project; and WHEREAS, after due investigation and deliberation, the Issuer has determined to assist in the financing of the Project by issuing the Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments) (the "Bonds"), in the principal amount of $ , and making a loan to the Borrower of such principal amount (the "Loan"), upon the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the premises and the respective representations and covenants herein contained, the parties hereto agree as follows: ARTICLE I DEHNITIONS AND CONSTRUCTION Section 1.01. Definition of Terms. Unless the context otherwise requires, the capitalized terms used in this Agreement shall have the meanings specified in the Regulatory Agreement or in Section 1.01 of the Indenture of Trust, dated as of March 1, 1996 (the "Indenture"), by and between the Issuer and the Trustee, providing for the issuance of the Bonds, as such Indenture is originally executed or as it may from time to time be supplemented or amended as provided therein. Section 1.02. Rules of Construction. (a) The singular form of any word used herein, including the terms defined in Section 1.01 of the Indentuse, shall include the plural, and vice versa. The use herein of a word of any gender shall include correlative words of all genders. (b) Unless otherwise specified, references to Articles, Sections and other subdivisions of this Agreement are to the designated Articles, Sections and other subdivisions of this Agreement as originally executed. The words "hereof', "herein", "hereunder" and words of similar import refer to this Agreement as a whole. (c) The headings or titles of the several articles and sections, and the table of contents appended to copies hereof, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of the provisions hereof. ARTICLE II GENERAL REPRESENTATIONS AND AGREEMENTS Section 2.01. Representations and Agreements of the Issuer. The Issuer makes the following representations and agreements as the basis for its undertakings herein contained: (a) The Issuer is a public body, corporate and politic, duly organized and existing under the laws of the State of California. By proper action, the Issuer has authorized the execution, delivery and due performance by it of this Agreement. (b) To finance the acquisition and rehabilitation by the Borrower of the Project, the Issuer will issue the Bonds, which will mature, bear interest and be subject to redemption as set forth in the Indenture. (c) The Bonds will be issued under and secured by the Indenture, pursuant to which the lssuer's interest in this Agreement (except certain rights of the lssuer to payment for fees, expenses and indemnification and certain rights of enforcement), the Supplemental Agreement and in the Deed of Trust will be pledged to the Trustee as security for payment of the principal of, premium, if any, and interest on the Bonds. (d) The lssuer has not pledged and will not pledge its interest in this Agreement for any purpose other than to secure the Bonds under the Indenture. (e) The Issuer is not in violation of any of the provisions of the laws of the State of California which violation would affect its existence or its powers referred to in this Section 2.01. (f) No officer or other official of the lssuer has any personal financial interest whatsoever in the Project or the Borrower or in the transactions contemplated by this Agreement. Section 2.02. Representations and Agreements of the Trustee. The Trustee makes the following representations and agreements, to and for the benefit of the Issuer, the Borrower and the owners of the Bonds, as the basis for its undertakings herein and in the Indenture contained: (a) The Trustee has been duly organized under the laws of the United States of America and is validly existing as a national banking association in good standing under the laws governing its creation, with full power to own its properties and conduct its business. (b) This Agreement and the Indenture have been duly authorized, executed and delivered by the Trustee and when duly executed and delivered by the other parties thereto, such agreements will constitute the legal, valid and binding obligation of the Trustee enforceable against the Trustee in accordance with their respecfive terms except as enforcement may be limited by bankruptcy, insolvency, reorganization, or other laws or equitable principles limiting creditors' rights generally. The Trustee makes no representation as to the availability of specific performance or other equitable remedies. Section 2.03. Representations and Agreements of the Borrower. The Borrower makes the following representations and agreements as the basis for its undertakings herein contained: 3 (a) The Borrower is a nonprofit public benefit corporation organized and existing under the laws of the State of California, is in good standing in the State of California, has the full legal power and authority to own its properties and assets and to carry on its business as now conducted and as contemplated to be conducted heretrader and under the Supplemental Agreement, the Deed of Trust and the Regulatory Agreement, and has the power to enter into and has duly authorized the execution and delivery of this Agreement and all other documents contemplated hereby to be executed by the Borrower, including, without limitation, the Regulatory Agreement, the Supplemental Agreement and the Deed of Trust. (b) Neither the execution and delivery of this Agreement, the Supplemental Agreement, the Regulatory Agreement, the Deed of Trust or any other document in connection with the financing of the Project, the consummation of the transactions contemplated hereby and thereby, nor the fulfillment of or compliance with the terms and conditions hereof and thereof, conflicts with or results in a breach of any of the terms, conditions or provisions of the articles of incorporation of the Borrower, or any agreement or instrument to which the Borrower is now a party or by which the Borrower is bound, or constitutes a default (with due notice or the passage of time or both) under any of the foregoing, or results in the creation or imposition of any prohibited lien, charge or encumbrance whatsoever upon any of the property or assets of the Borrower under the terms of any instrument or agreement to which the Borrower is now a party or by which it is bound. (c) The Project is located wholly within the City of Temecula, California. (d) The Borrower shall, on the Closing Date, acquire title to the Project sufficient to carry out the purposes of this Agreement, the Regulatory Agreement, the Deed of Trust and the Supplemental Agreement, and such title shall be in and remain in the Borrower except as granted pursuant to the Deed of Trust and as permitted by Section 5.02 hereof and the Regulatory Agreement. (e) The Borrower shall make no changes to the Project or to the operation thereof which would affect the qualification of the Project under the Act or impair the exclusion from gross income under federal tax law of interest on the Bonds. The Borrower intends to utilize the Project as a multifamily rental housing development during the term of the Qualified Project Period (as defined in the Regulatory Agreement). (f) No portion of the proceeds of the Bonds will be used for costs of issuance of the Bonds in excess of an amount equal to two percent (2%) of the principal amount of the Bonds, less original issue discount (if any) on the Bonds, all within the meaning of section 147(g)(1) of the Code. (g) There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its properties or its rights, which, if adversely determined, would materially impair its right to carry on business substantially as now conducted or as now contemplated to be conducted, or would materially adversely affect its financial condition. The Borrower is not in material default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any material agreement or instrument to which it is a party. (h) The operation of the Project in the manner presently contemplated and as described herein, in the Supplemental Agreement, the Deed of Trust and in the 4 Regulatory Agreement will not conflict with any zoning, water or air pollution or other ordinance, order, law or regulation applicable thereto. The Borrower will cause the Project to be operated in accordance with all applicable federal, state and local laws or ordinances (including rules and regulations) relating to zoning, building, safety and environmental quality. (i) On and after the Closing Date, the Borrower will file or cause to be filed all federal, state and local tax returns which are required to be filed, and will pay or cause to be paid all taxes as shown on said returns or on any assessment received by it, when and as such taxes become due. (j) No officer or other official of the Issuer has any financial interest whatsoever in the Project or the Borrower or in the transactions contemplated by this Agreement. (k) The Borrower has obtained all necessary certificates, approvals, permits and authorizations with respect to the operation of the Project from applicable local governmental agencies and agencies of the State of California and the federal government. (1) Any written information furnished by the Borrower to the Original Purchaser, insofar as such information relates to the Borrower and the Project, is accurate in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. (m) The Borrower acknowledges, represents and warrants that it understands the nature and structure of the Project; that it is familiar with the provisions of all of the documents and instruments relating to the financing of the Project to which it or the Issuer is a party or of which it is a beneficiary; that it understands the risks inherent in such transactions, including without limitation the risk of loss of the Project; and that it has not relied on the Issuer for any guidance or expertise in analyzing the financial or other consequences of such financing transactions or otherwise relied on the Issuer in any manner except to issue the Bonds in order to provide funds for the Loan. (n) The Borrower intends to hold the Project for its own account, has no current plans to sell and has not entered into any agreement to sell the Project. (o) The Borrower has contacted all "related persons" thereof (within the meaning of section 147(a) of the Code); and neither it nor any of them shall, at any time, pursuant to any arrangement, formal or informal, acquire any Bond. (p) The Borrower will comply with the provisions of the Regulatory Agreement, the Supplemental Agreement and the Deed of Trust. (q) Any certificate signed by a representative of the Borrower and delivered pursuant to this Agreement, the Supplemental Agreement, the Deed of Trust, the Regulatory Agreement or the Indenture shall be deemed a representation and warranty by the Borrower as to the statements made therein. (r) In the event the Loan proceeds are not sufficient to complete the financing of the acquisition and rehabilitation of the Project and the payment of all costs of issuing the Bonds, the Borrower will furnish any additional moneys necessary to complete the financing of the acquisiti~ and rehabilitation of the Project and the payment of all costs of issuing the Bonds. (s) Within the meaning of section 147(b) of the Code, the average maturity of the Bonds does not exceed one hundred twenty percent (120%) of the average reasonably expected remaining economic life of the facilities financed with the proceeds of the Bonds. (t) The Borrower is an organization described in section 501(c)(3) of the Code and has received notice from the Internal Revenue Service granting the Borrower tax- exempt status under section 501 (a) of the Code. (u) No activities constituting an unrelated trades or businesses, determined by applying section 513(a) of the Code, will be conducted with respect to the portion of the Project financed with the Bonds. (v) All of the proceeds from the Loan plus the income from the investment of the proceeds of the Loan will be used to pay or reimburse the Borrower for Project Costs and at least 97% of such amount will be used to pay or reimburse the Borrower for Qualified Project Costs. The Borrower shall assure that the proceeds of the Bonds are expended so as to cause the Bonds to constitute "qualified 501(c)(3) bonds" within the meaning of section 145 of the Code. (w) All property provided with the proceeds of the Bonds will be owned (as ownership is determined for purposes of federal income taxation) by the Borrower, by an organization described in section 501(c)(3) of the Code or by a governmental unit. (x) The Borrower covenants to comply with the provisions of section 145(b) of the Code so as to assure that the aggregate amount of bonds allocated to the Borrower does not exceed the limits specified in that section. (y) The Borrower covenants to maintain its status as an organization described in section 501(c)(3) of the Code and its exemption from federal income taxation under section 501 (a) of the Code. (z) The Borrower covenants that no part of the portion of the Project financed with proceeds of the Loan will be used for (i) activities constituting unrelated trades or businesses, determined by applying section 513(a) of the Code, or (ii) activities constituting any trade or business of an entity other than an organization described in section 501(c)(3) of the Code or a governmental unit, if such use adversely affects the exclusion from gross income for federal income tax purposes of interest on the Bonds. (aa) The Borrower is aware of the provisions of section 150(b)(3) of the Code and covenants that any use of the property financed with the proceeds of the Loan by other than an organization described in section 501(c)(3) of the Code or a governmental unit (as described in Section 145 of the Code) will not be such as to cause the Borrower to violate the covenants contained in paragraphs (w) and/or (z) above. (bb) The estimated total cost of the financing of the acquisition and rehabilitation of the Project is equal to or in excess of the principal amount of the Loan. (cc) The Borrower has not knowingly taken or permitted to be taken and will not knowingly take or permit to be taken any action which would have the effect, directly or indirectly, of causing interest on any of the Bonds to be included in the gross income of the owners thereof for purposes of federal income taxation. (dd) The Borrower covenants that it shall not take, or permit or suffer to be taken by the Trustee or otherwise, any action with respect to the proceeds of the Bonds which if such action had been reasonably expected to have been taken, or had been deliberately and intentionally taken, on the Closing Date would have caused the Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code. ARTICLE IH FINANCING OF THE PROJECT; ISSUANCE OF THE BONDS Section 3.01. Agreement to Issue Bonds; Application of Bond Proceeds. To provide funds to finance the acquisition and rehabilitation by the Borrower of the Project, the Issuer agrees, upon the terms and conditions set forth in this Agreement and the Indenture, that it will issue under the Indenture, sell and cause to be delivered to the purchasers thereof, the Bonds, bearing interest at the rates and payable as to principal, interest and premium, if any, at the times and in the amounts as set forth in the Indenture. The Issuer will thereupon deposit the proceeds received from the sale of the Bonds with the Trustee as provided in the Indenture. Section 3.02. Disbursement From the Program Fund. The Issuer has authorized and directed the Trustee under Section 3.02 of the Indenture to disburse moneys from the Program Fund created pursuant to the Indenture to pay or to reimburse the Borrower for Project Costs for the acquisition and rehabilitation of the Project, but only if, except as otherwise provided in Section 3.03 of the Indenture, the Trustee shah have received a Funding Requisition executed by an Authorized Borrower Representative and approved by the Majority Owner, with respect to each requested disbursement or construction advance. Each Funding Requisition shall be signed by an Authorized Borrower Representative and state with respect to each disbursement to be made: (a) the requisition number, (b) the amount to be disbursed, (c) that each obligation mentioned therein is a Project Cost, has been properly incurred, is a proper charge against the Program Fund and has not been the basis of any previous disbursement, (d) that the expenditure of such disbursement when added to all previous disbursements from the Program Fund will result in not less than 97 percent of all disbursements from the Program Fund having been used to pay or reimburse the Borrower for Qualified Project Costs, (e) that the Regulatory Agreement and the Deed of Trust are in full force and effect, and (f) that no event of default then exists under the Supplemental Agreement, the Note, the Regulatory Agreement, the Deed of Trust or this Agreement. Upon receipt of a Funding Requisition prope~y executed by the Borrower and approved by the Majority Owner, the Trustee will disburse moneys from the Program Fund in accordance with such Funding Requisition and, except for the negligence or willful misconduct of the Trustee, the Borrower shall hold the Trustee harmless against any and all losses, claims or liability incurred in connection with the Trustee directly making such disbursements from the Program Fund. All disbursements shall be as directed in the Funding Requisition as consented to in writing by the Majority Owner. None of the Majority Owner, the Trustee nor the Issuer shall be responsible for the application by the Borrower of moneys disbursed from the Program Fund. Section 3.03. Investment of Moneys; Arbitrage. Upon written direction of the Borrower, any moneys in any fund or account held by the Trustee under the Indenture shah be invested or reinvested by the Trustee in Investment Securities as provided in the Indenture, and the Borrower hereby approves such provisions of the Indenture and directs the Trustee to make such investments, subject to the covenants of Section 5.06(b) hereof. Section 3.04. Limited Liability. All obligations of the Issuer incurred hereunder shall be special, limited obligations of the Issuer, payable solely and only from the funds and accounts pledged therefor under the Indenture. The Bonds, and the interest thereon, do not constitute a debt, liability, general or moral obligation or pledge of the faith or loan of the credit of the Issuer, the State or any other political subdivision of the State, within the meaning of any constitutional or statutory limitation or provisions. Neither the faith and credit nor any taxing power of the Issuer, the State or any political subdivision thereof is pledged to the payment of the principal of or premium, if any, or interest on the Bonds or any other costs incident thereto. ARTICLE IV LOAN OF PROCEEDS; PAYMENT PROVISIONS Section 4.01. Loan of Bond Proceeds. The Issuer agrees, upon the terms and conditions in this Agreement, to make the Loan to the Borrower in an amount equal to the aggregate principal amount of the Bonds, for the purpose of financing the acquisition and rehabilitation of the Project. Pursuant to said covenant and agreement, the Issuer will issue the Bonds upon the terms and conditions contained in this Agreement and the Indenture and will cause the proceeds of the Bonds to be applied by the Trustee as provided in Article IIl of the Indenture and Section 3.02 hereof. Section 4.02. Loan Repayment and Payment of Other Amounts. The Borrower agrees to pay to the Trustee the principal of, premium (if any) and interest on the Loan at the times, in the manner, in the amounts and at the rate of interest provided in this Agreement. (a) In consideration of the issuance of the Bonds by the Issuer and the loan of the proceeds thereof to the Borrower, the Borrower agrees that on or before 9:00 a.m. Pacific Time, on the first Business Day of each month, it shall pay to the Trustee for deposit in the Bond Fund such amounts in immediately available funds (and taking into account any amounts then on deposit in the Bond Fund), as are required for the Trustee to make timely payment of any principal and interest due on the Bonds under the provisions of the Indenture. Notwithstanding the foregoing, if the aggregate amount in the Bond Fund is for any reason insufficient or unavailable to make the next required payment of principal (or redemption price) of or interest on the Bonds then becoming due (whether by maturity, redemption or acceleration), the Borrower shall forthwith pay the amount of any such deficiency to the Trustee. Payments by the Borrower to the Trustee pursuant to this Section 4.02(a) shah be in lawful money of the United States of America and paid to the Trustee at its Principal Office in immediately available funds by 9:00 a.m. Pacific Time on the date on which such amounts are due, and shall be held, invested, disbursed and applied by the Trustee as provided in the Indenture. During any period from and after the date any payment is due on the Loan under the provisions of Sections 4.02(a), 7.02(a)(1) or 8.01 hereof, until the date such payment is made by the Borrower, any otherwise applicable interest rate on the Loan (being the Initial Rate prior to the Reset Date and the Reset Rate from and after the Reset Date) for such period shall be increased by five percent (5%) per annum, and the Late Charge shall be added to any amount so due and owing on the Loan which amount is not paid within five (5) days of its due date. (b) The Borrower agrees, within thirty (30) days after receipt of a written request therefor: (1) to pay to the Trustee from time to time reasonable compensation for all services rendered by it under the Indenture and the other agreements relating to the Bonds to which the Trustee is a party; (2) except as otherwise expressly provided in the Indenture or such other agreements, to reimburse the Trustee upon its request for all reasonable expenses, disbursements and advances (including reasonable counsel fees) incurred or made by the Trustee in accordance with any provision of the Indenture or other agreements to which the Trustee is a party or pursuant to which it is required to act (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as may be attributable to its negligence or willful misconduct; (3) to indemnify the Trustee and its officers, directors, agents and employees for, and hold it and them harmless against, any 10 loss, liability or expense incurred without negligence or willful misconduct on its part, arising out of or in connection with the acceptance or administration of the trust under the Indenture or any other agreement relating to the Bonds to which the Trustee is a party or pursuant to which it is required to act, including the costs and expenses of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties thereunder; (4) to pay any amounts referred to in Section 8.06 of the Indenture; and (5) to pay the reasonable expenses, disbursements and advances (including reasonable counsel fees) of any Bondholder incurred or made by such Bondowner in accordance with, or otherwise in connection with the exercise of any of its rights and remedies under, this Loan Agreement, the Indenture, the Deed of Trust and the Regulatory Agreement, or any modification, amendment, consent or approval of any of the provisions thereof. (c) The Borrower also agrees to pay within thirty (30) days after receipt of request for payment thereof, all reasonable expenses of the Issuer related to the Project and the financing thereof which are not otherwise required to be paid by the Borrower under the terms of this Agreement and are not paid from the Cost of Issuance Fund under the Indenture, including, without limitation, legal fees and expenses incurred in connection with the amendment, interpretation and enforcement of any documents relating to the Project or the Bonds. The Borrower also agrees to pay, without written demand therefor, the fee of the Issuer of $ , said amount being equal to one-eighth of one percent (.125%) of the principal amount of Bonds outstanding on the Closing Date (representing the lssuer's annual fee for the first year following the Closing Date), and thereafter an annual fee of the Issuer payable in advance on each March 31st so long as the Regulatory Agreement remains in effect, of $ , said amount being equal to one-eighth of one percent (.125%) of the then outstanding principal amount of the Bonds. In the event that the Bonds are redeemed in full prior to the end of the Qualified Project Period (as defined in the Regulatory Agreement), the Issuer's annual fee for the remainder of the Qualified Project Period shall be paid by the Borrower at the time of the prepayment of the Bonds and shah be a lump sum amount equal to the present value (based on a discount rate equal to the initial Rate) of the lssuer's annual fee for the number of years remaining in the Qualified Project Period, all as determined by the Issuer and communicated to the Borrower in writing, but shall in no event be in excess of the amount that may be payable without adversely affecting the exclusion of the interest payable on the Bonds from the gross incomes of the owners of the Bonds. The Borrower also agrees to pay or cause to be paid to the Issuer, on the Closing Date, third party, out-of-pocket expenses of the Issuer in connection with the issuance of the Bonds of $ (d) The Borrower agrees to take all actions necessary to assure compliance by the Issuer with its covenant in Section 6.08 of the Indenture to rebate excess investment earnings to the federal government, including but not limited to (i) the employment of an accountant to determine whether any such rebate is due and owing, (ii) the payment to the federal government of any amount so due and owing, and (iii) the payment of any fees and other costs required to be incurred by the Issuer and/or the Trustee to comply with the provisions of Section 6.08 of the Indenture. Any payment referred to in the preceding clause (iii) shah be made by the Borrower immediately upon written demand therefor. (e) The Borrower agrees to make any and all payments required by it under the Supplemental Agreement and the Deed of Trust as and when due thereunder. 11 Section 4.03. Unconditional Obligations; Non-Recourse Provisions. The obligations of the Borrower to make the payments required by Section 4.02 hereof to the Issuer or the Trustee and to perform and observe the other agreements on its part contained herein for the benefit of the Issuer, the Bondowners and the Trustee shall be absolute and unconditional, irrespective of any defense or any rights of set-off, recoupment or counterclaim it might otherwise have against the Issuer or the Trustee, and during the term of this Agreement, the Borrower shall pay absolutely net the payments to the Issuer, the Bondowners or the Trustee required hereunder, free of any deductions and without abatement, diminution or set-off. Until such time as the principal of, premium, if any, and interest on the Bonds shah have been fully paid, or provision for the payment thereof shah have been made as required by the Indenture, the Borrower (i) will not suspend or discontinue any payments to the Issuer or the Trustee provided for in Section 4.02 hereof; (ii) wffi perform and observe all of its other covenants for the benefit of the Issuer and the Trustee contained in this Agreement; and (iii) except as provided in Article VIII hereof, will not terminate this Agreement for any cause, including, without Hmitation, the occurrence of any act or circumstances that may constitute failure of consideration, destruction of or damage to the Project, commercial frustration of purpose, any change in the tax or other laws of the United States of America or of the State of California or any political subdivision or either of these, or any failure of the Issuer or the Trustee to perform and observe any covenant, whether express or implied, or any duty, liability or obligation arising out of or connected with this Agreement or the Indenture, except to the extent permitted by tins Agreement. Notwithstanding any provision of this Agreement or the Project Loan Documents (as defined in the Regulatory Agreement) to the contrary, prior to any Act of Bankruptcy the Borrower shall not be personally liable for the amounts owing to the Issuer or the Trustee hereunder (other than for indemnity and fees as provided below) or under the Project Loan Documents; and the Issuer's and the Trustee's remedies in the event of a default hereunder or under the Project Loan Documents shah be Hmited to those remedies set forth in Section 7.02. In the event of a default hereunder or under the Supplemental Agreement and/or the Deed of Trust, except to the extent provided in the next two sentences, neither the Issuer nor the Trustee shall have the right to proceed directly against the Borrower or its members, or the right to obtain a deficiency judgment after foreclosure. Nothing in this Section 4.03 shall preclude the Issuer or the Trustee from proceeding directly against the Borrower for any obligation owed to the Issuer or the Trustee (and not described in Section 4.02(a) and/or otherwise assigned to the owners of the Bonds) related to the following: (i) the obligation of the Borrower to indemnify the lssuer and the Trustee under Section 9.03 hereof or Section 16 of the Regulatory Agreement; (ii) the obligation of the Borrower to make any payment to the Issuer or the Trustee required to be paid by the Borrower pursuant to the provisions of Sections 4.02(b), (c) or (d), 7.03 or 9.02 hereof, or under Section 16 or 23 of the Regulatory Agreement; (iii) the application by the Borrower in violation of the Deed of Trust or this Agreement of any condemnation award or insurance awards attributable to the Project; (iv) the application of rents or security deposits attributable to the Project other than as permitted by the Supplemental Agreement and/or the Deed of Trust and applicable law; (v) the collection of any rents in advance in violation of the provisions of the Supplemental Agreement and/or the Deed of Trust; (vi) the commission of fraud, intentional misrepresentations or waste in connection with the operation of the Project or the making of the Loan; (vH) loss sustained by reason of failure by the Borrower to provide and maintain insurance as required under this Agreement, the Supplemental Agreement and the Deed of Trust; (viii) the removal of any personalty or fixtures by the Borrower after the occurrence of any Event of Default; (ix) the obligation of the Borrower under any indemnification provision regarding hazardous materials; (x) failure to pay taxes, assessments or other charges which would create liens on any portion of the Property that are payable or applicable prior to any foreclosure under the Deed of Trust (to the full extent of any such taxes, assessments or other charges); and (xi) any amounts owing under indemnity provisions that relate to HabiHties to third parties resulting from acts or omissions of the Borrower and/or from 12 the ownership, occupancy or use of the Property, all of which obligations shall constitute recourse obligations of the Borrower. In addition, in the event of an Act of Bankruptcy, all obligations of the Borrower hereunder to the Issuer or the Trustee (and not otherwise assigned hereunder to the Bondowners) shall become recourse obligations. The obligations of the Borrower under Section 4.02(a) hereof to make payments under the Note and otherwise hereunder and under the Supplemental Agreement and the Deed of Trust to or for the benefit of (or otherwise assigned to the Trustee for the benefit of) the Bondowners shall be subject to any recourse provisions contained in the Supplemental Agreement. Section 4.04. Assignment of Issuer's Rights. As security for the payment of the Bonds, the Issuer in the Indenture assigns to the Trustee certain of the Issuer's rights under this Agreement and the Deed of Trust, if any, including the right to receive payments hereunder (except for the right of the Issuer to receive certain payments, if any, with respect to fees, expenses and indemnification under Sections 4.02(c) and (d), 7.03, 9.02 and 9.03 hereof), and the lssuer hereby directs the Borrower to make the payments required hereunder (except such payments for lssuer fees, expenses and indemnification) and under the Supplemental Agreement, if any, and the Deed of Trust, if any, directly to the Trustee (except for any payments to be made by the Borrower thereunder directly to the owners of the Bonds, which payment shall be made directly to the owners of the Bonds as provided therein). The Borrower hereby assents to such assignment and agrees to make payments directly to the Trustee without defense or set-off by reason of any dispute between the Borrower and the Issuer or the Trustee. By virtue of such assignment, the Trustee shall have the right to enforce the obligations of the Borrower hereunder and under the Supplemental Agreement, the Note and the Deed of Trust. The Issuer hereby agrees, for the benefit of the Bondowners, that any obligation of the Borrower hereunder or under the Regulatory Agreement to make payments to the Issuer shall be subordinate to the obligations of the Borrower to make the payments provided for in Section 4.02(a) hereof; provided, however, that the obligations of the Borrower under Section 9.03 hereof and Section 16 of the Regulatory Agreement shall not be subordinate, but shall rank equally (with respect to the Project and the revenues therefrom) with the obligations of the Borrower under Section 4.02(a) hereof. Section 4.05. Amounts Remaining in Bond Fund. It is agreed by the parties hereto that after (i) payment in full of the Bonds, or provision for such payment having been made as provided in the Indenture, (ii) payment of all fees, charges and expenses of the Trustee and any paying agents in accordance with the terms of the Indenture, and (iii) payment of all other amounts required to be paid under this Agreement, the Supplemental Agreement, the Deed of Trust and the Indenture, any amounts remaining in the Bond Fund held by the Trustee under the Indenture shall be paid by the Trustee to the Borrower. 13 ARTICLE V SPECIAL COVENANTS AND AGREEMENTS Section 5.01. Right of Access to the Project and Records. The Borrower agrees that during the term of this Agreement the Issuer, the Majority Bondowner the Trustee and the duly authorized agents of any of them shall have the right at all reasonable times and upon reasonable notice during normal business hours to enter upon the site of the Project to examine and inspect the Project, and to otherwise have access to the books and records of the Borrower with respect to the Project. Section 5.02. Maintenance of Existence; Assignments. (a) The Borrower agrees that during the term of this Agreement it will remain in good standing and qualified to do business in the State of California and will maintain its existence as a California nonprofit public benefit corporation, will not dissolve or otherwise dispose of all or substantially all of its assets and will not combine or consolidate with or merge into another entity or permit one or more other entities to consolidate with or merge into it; provided, however, that the Borrower may so combine, consolidate with, or merge into another entity existing under the laws of one of the states of the United States, or permit one or more other entities to consolidate with or merge into it, or sell or otherwise transfer to another entity all or substantially all of its assets as an entirety and thereafter dissolve, provided that there is no Event of Default then in existence or event which with the giving of notice or the passage of time, or both, would constitute an Event of Default, and that the surviving, resulting or transferee entity, as the case may be, (i) assumes and agrees in writing to pay and perform all of the obligations of the Borrower hereunder, and (ii) qualifies to do business in the State of California, and (iii) will not result in a violation of any covenants of the Borrower in Section 2.03(w), (x), (z) or (aa) hereof. (b) The rights and obligations of the Borrower under this Agreement may be assigned by the Borrower to any person in whole or in part, in connection with and in proportion to, any conveyance of all or part of the Project which complies with Section 10 of the Regulatory Agreement; provided that (i) the assignee shall assume in writing the obligations of the Borrower hereunder to the extent of the interest assigned, and a copy of such instrument of assumption shall be delivered to the Issuer and the Trustee within ten (10) days after the execution thereof; and (ii) the Borrower shall remain liable for its obligations hereunder to the extent of any interest not so assigned. (c) The rights and obligations of the Borrower under this Agreement may also be assigned by the Borrower to any person in whole or in part, subject, however, to each of the following conditions: (i) No assignment other than pursuant to subsection (a) or Co) of this Section shall relieve the Borrower from primary liability for any of its obligations hereunder, and in the event of any assignment not pursuant to subsection (a) or (b) of this Section the Borrower shall continue to remain primarily liable for the payments specified in Section 4.02 hereof and for performance and observance of the other agreements on its part herein provided to be performed and observed by it. 14 (ii) Any assignment from the Borrower shall retain for the Borrower such rights and interests as will permit it to perform its obligations under this Agreement, the Supplemental Agreement and the Regulatory Agreement, and any assignee of the Borrower shall assume, subject to the provisions of Section 4.03, the obligations of the Borrower hereunder and under the Supplemental Agreement and the Regulatory Agreement to the extent of the interest assigned. (iii) The Borrower shall, within thirty days after delivery thereof, furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy of each such assignment together with an instrument of assumption. (d) In the event of consolidation, combination, merger, sale, dissolution or assignment pursuant to this Section 5.02, the Borrower shall provide the Trustee with an opinion of Bond Counsel acceptable to the Issuer to the effect that any such action would not adversely affect the exclusion of interest on any Bonds from gross income for federal income tax purposes. (e) Notwithstanding any other provision of this Agreement, (i) no sale, transfer or assignment of the Project or the Borrower's obligations under this Agreement shall in any way terminate or otherwise affect any obligations of the Borrower under any separate indemnification or other agreement to or for the benefit of the Issuer, the Bondowners or the Trustee, and (ii) following any foreclosure of the lien of the Deed of Trust (or conveyance of a deed in lieu thereof), and transfer of the Project to an entity unrelated to the Borrower, the owner of the Project following such event shall be deemed to be the Borrower hereunder, provided that: (A) such owner shall assume in writing all obligations of the Borrower hereunder and under the Regulatory Agreement, the Supplemental Agreement and the Deed of Trust arising following such foreclosure and transfer, and (B) any applicable requirements of Section 10 of the Regulatory Agreement have been satisfied. (f) Notwithstanding any other provision hereof, any transfer of the Project or the Borrower's obligations hereunder shall be subject to the prior written consent of the Majority Owner. Section 5.03. Statement of Compliance; Notice of Certain Events. (a) The Borrower will deliver to the Issuer, any Majority Owner and the Trustee, within 90 days after the end of each calendar year, a written statement signed by an Authorized Borrower Representative stating, as to the signer thereof, that (i) a review of the activities of the Borrower with respect to the Project during such year and of performance under this Agreement, the Supplemental Agreement, the Deed of Trust and the Regulatory Agreement has been made under their supervision, and (ii) to the best of the knowledge of such Representative, based on such review, the Borrower has fulfilled all its obligations under such documents throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such Representative and the nature and status thereof. (b) The Borrower hereby covenants to notify the Issuer, any Majority Owner and a Responsible Officer of the Trustee in writing of the occurrence of any Event of Default hereunder or under the Deed of Trust, the Supplemental Agreement or the Regulatory Agreement or any event which, with the passage of time or service of notice, or both, would constitute an Event of Default hereunder or under the Deed of Trust, the Supplemental Agreement or the Regulatory Agreement, specifying the nature and period of existence of such event and the actions being taken or proposed to be taken with 15 respect thereto. Such notice shall be given promptly, and in no event less than five (5) Business Days after the Borrower receives notice or knowledge of the occurrence of any such event. The Borrower further agrees that it will give prompt written notice to the Trustee and the Issuer if insurance proceeds or condemnation awards are received with respect to the Project and are not used to repair or replace the Project, which notice shall state the amount of such proceeds or award. Section 5.04. Insurance; Maintenance and Repair. The Borrower agrees to insure the Project or cause the Project to be insured during the term of this Agreement for such amounts and for such occurrences as are required under the Deed of Trust and the Supplemental Agreement. The Borrower shall pay for all premiums on such policies. The Borrower agrees to provide the Trustee with evidence of such insurance and to certify compliance with the insurance requirements by not later than April 1st of each year. The Trustee is entitled to conclusively rely on such certificate and shall be under no duty to investigate the underlying facts. The Borrower agrees to maintain the Project, or cause the Project to be maintained, during the term of this Agreement (i) in a reasonably safe condition, (ii) in accordance with the requirements of the Deed of Trust, and (iii) in good repair and in good operating condition, ordinary wear and tear excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof. Section 5.05. Additional Instruments. The Borrower hereby covenants to execute and deliver such additional instruments and to perform such additional acts as may be necessary, in the opinion of the Issuer or the Trustee, to carry out the intent hereof or to perfect or give further assurances of any of the rights granted or provided for herein or contemplated hereby. The Borrower agrees to file periodic continuation statements necessary to preserve the perfected security interests under the California Commercial Code in the Gross Revenues and personal property granted by the Borrower to the Trustee hereunder and under the Deed of Trust and the Supplemental Agreement. Section 5.06. Tax-Exempt Status of Bonds. (a) It is the intention of the parties hereto that interest on the Bonds shall be and remain excluded from the gross income of the owners thereof for purposes of federal income taxation and that the Bonds are to be Bank Qualified, and to that end the covenants and agreements of the Borrower in this Section and in Sections 2.03, 3.02, 3.03, 4.02(d), 4.03, 5.07 and 5.14 are for the benefit of the Trustee on behalf of and for each and every Owner of the Bonds. (b) The Borrower covenants and agrees that it will not use or permit the use of any of the funds provided by the Issuer hereunder or any other funds of the Borrower, directly or indirectly, or direct the Trustee to invest any funds held by it hereunder or under the Indenture, in such manner as would, or take or omit to take any other action that would cause any Bond to be an "arbitrage bond" within the meaning of section 148 of the Code and applicable regulations promulgated from time to time thereunder. (c) In the event that at any time the Borrower is of the opinion or becomes otherwise aware that for purposes of this Section 5.06 or Section 6.06 of the Indenture it is necessary to restrict or to limit the yield on the investment of any moneys held by the Trustee under the Indenture, the Borrower shall determine the Limitations and so instruct 16 the Trustee in writing (with a copy to the Issuer) and cause the Trustee to comply with those limitations under the Indenture. The Borrower will take such action or actions as may be reasonably necessary in the opinion of Bond Counsel, or of which it otherwise becomes aware, to fully comply with Section 148 of the Code. (d) The Borrower will take such action or actions as necessary to ensure compliance with Sections 6.06 through 6.11 of the Indenture and with Section 2.03 (f) and Sections 2.03 (s) through and including (dd) hereof. (e) The Borrower further warrants and covenants that it has not executed and will not execute any other agreement, or any amendment or supplement to any other agreement, with provisions contradictory to, or in opposition to, the provisions hereof, of the Indenture of the Supplemental Agreement, of the Deed of Trust or of the Regulatory Agreement, and that in any event, the requirements of this Agreement, the Supplemental Agreement and the Regulatory Agreement are paramount and controlling as to the rights and obligations herein set forth and supersede any other requirements in conflict herewith and therewith. Section 5.07. Regulatory Agreement. In order to maintain the exclusion from the gross income of the owners thereof for purposes of federal income taxation of interest on the Bonds and to assure compliance with the laws of the State of California (including the Act), the Borrower hereby agrees that it shall, concurrently with or before the execution and delivery of the Bonds, execute and deliver the Regulatory Agreement. The Regulatory Agreement shall be executed by the Borrower, the Issuer and the Trustee prior to the disbursement of any amounts on deposit in the Program Fund, except as otherwise provided in the Indenture. The Borrower shall comply with every term of the Regulatory Agreement. The Borrower hereby acknowledges that in the event of a default under the Regulatory Agreement which is not cured, such default will constitute a breach of this covenant and if such breach is not cured the Loan may be accelerated. The Borrower agrees to cause any amendments to the Regulatory Agreement to be recorded in the appropriate official public records. The books and records of the Borrower pertaining to the incomes of and rents charged to Lower-Income Tenants residing in the Project shall be open to inspection by any authorized representative of the Issuer and the Trustee. In any event, however, the Trustee may rely, without further investigation or review, upon such books and records and all certificates and statements in connection therewith. Section 5.08. Supplemental Agreement; Deed of Trust. In order to provide additional security for the Bonds, the Borrower shall, concurrently with or before the execution and delivery of the Bonds, execute and deliver the Supplemental Agreement and the Deed of Trust. The Borrower shall comply with the provisions of the Supplemental Agreement and the Deed of Trust. Until the termination of the Supplemental Agreement (other than any provisions surviving the general termination of the Supplemental Agreement), the provisions of the Supplemental Agreement are hereby for all purposes incorporated by reference herein and shall have the same force and effect as if fully set forth in this Agreement. Notwithstanding any provision of this Agreement other than Sections 4.03 (only with respect to the Borrower's nonrecourse obligations to the Issuer), 9.03 (as to the Issuer only) and the last paragraph of Section 4.04 hereof, in the event of any inconsistency or conflict between the provisions of this Agreement and the Supplemental Agreement, during the time that the Supplemental Agreement is in effect (other than any provisions surviving the general termination thereof), the 17 Supplemental Agreement shall control and govern in all respects. The provisions of the preceding sentence shall not, in any event, apply to Sections 4.03 (with respect to the Borrower's non recourse obligations to the Issuer), 9.03 (as to the rights of the Issuer) and the last paragraph of Section 4.04 hereof. Section 5.09. Indenture. The Borrower hereby agrees to all of the terms and provisions of the Indenture and accepts each of its obligations expressed or implied thereunder. The Borrower hereby approves the initial appointment under the Indenture of the Trustee for the Bonds. Section 5.10. No Untrue Statements. Neither this Agreement nor any other document, certificate or statement furnished to the Trustee, the original purchaser of the Bonds or the Issuer by or on behalf of the Borrower, contains to the best of the Borrower's knowledge any untrue statement of a material fact or omits to state a material fact necessary in order to make the statement contained herein and therein not misleading as of the date hereof and as of the Closing Date. It is specifically understood by the Borrower that all such statements, representations and warranties furnished by or on behalf of the Borrower to the Issuer or its agents and the initial Bondholder shall be deemed to have been relied upon by the Issuer and the initial Bondholder as an inducement to make the Loan and to purchase the Bonds, respectively, and that if any such statements, representations and warranties were materially incorrect at the time they were made or as of the Closing Date, the Issuer may consider any such misrepresentation or breach an Event of Default hereunder. Section 5.11. Useful Life. Within the meaning of section 147 of the Code, the average maturity of the Bonds does not exceed 120 percent of the average reasonably expected remaining economic life of the facilities (as of the date hereof) being financed with the proceeds of the Bonds. Section 5.12. Title to the Project. On the Closing Date, the Borrower shall have fee title to the Project Site (as defined in the Regulatory Agreement), and shall at all times own the Project flee and clear of any lien or encumbrance except for any encumbrances permitted under the Supplemental Agreement and the Deed of Trust. Section 5.13. Federal Guarantee Prohibition. The Borrower shall take no action nor permit nor suffer any action to be taken if the result of the same would be to cause the Bonds to be "federally guaranteed" within the meaning of section 103 of the Code. Section 5.14. Prohibited Facilities. The Borrower represents and warrants that no portion of the proceeds of the Bonds shall be used to provide any airplane, skybox or other private luxury box, facility primarily used for gambling, or store the principal business of which is the sale of alcoholic beverages for consumption off premises, all within the meaning of section 147(e) of the Code. Section 5.15. Payment of Obligations: Borrower hereby covenants and agrees to pay when due all monetary obligations of Borrower related to the Project, including, without limitation, any direct or indirect liability, contingent or otherwise, of Borrower related to the Project; subject, however, to Borrower's right to contest any such obligation in good faith and by appropriate proceedings so long as Borrower has established and maintains adequate reserves for the payment of the same and has made adequate provisions to stay the foreclosure of any lien related thereto. Section 5.16. Limitation on Indebtedness. The Borrower covenants and agrees that it will not incur any Indebtedness having priority in payment of principal or interest out of Revenues superior or equal to the payments to be made pursuant to this Loan Agreement. 18 Section 5.17. Accounting Records; Reports. (a) The Borrower covenants and agrees at all times to keep, or cause to be kept, proper books of record and account, prepared in accordance with generally accepted accounting principles, in which complete and accurate entries shall be made of all transactions of or in relation to the business, properties and operations of the Borrower related to the Project. Such books of record and account shall be available for inspection by the Issuer, the Majority Bondowner and the Trustee at reasonable business hours and under reasonable circumstances. (b) The Borrower covenants and agrees to provide the following: (i) provide the notices required by Section 5.03 and 7.06 hereof at the times required by said Sections; (ii) provide written evidence of insurance required under Section 5.04 by April 1st of each year; (iii) provide the Issuer with copies of financial information described in Section 4.1 H. of the Supplemental Agreement. (iv) such additional information as the Trustee, any Bondholder or the Issuer may reasonably request concerning the Project. Section 5.18. Continuing Disclosure to Owners. In addition to its obligations under Section 5.17, the Borrower hereby covenants and agrees that it will comply with and carry out all of its obligations under the Continuing Disclosure Certificate. Notwithstanding any other provisions of this Agreement, failure of the Borrower to comply with the Continuing Disclosure Certificate shall not be considered a default hereunder; however, any Participating Underwriter (as defined in the Continuing Disclosure Certificate) or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate to compel performance by the Borrower of its obligations under this Section 5.18, including seeking mandate or specific performance by court order. 19 ARTICLE VI DAMAGE, DESTRUCTION AND CONDEMNATION; USE OF PROCEEDS Section 6.01. Obligation to Continue Payments. If prior to full payment of the Bonds (or provision for payment thereof in accordance with the provisions of the Indenture) the Project or any portion thereof is destroyed (in whole or in part) or is damaged by fire or other casualty, or title to, or the temporary use of, the Project or any portion thereof shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, the Borrower shah nevertheless be obligated to continue to pay the amotmts specified in Article IV hereof, to the extent not prepaid in accordance with Article VIII hereof. Section 6.02. Application of Net Proceeds. The Net Proceeds, if any, of any insurance or condemnation awards resulting from the damage, destruction or condemnation of the Project or any portion thereof shall be applied as required by the Supplemental Agreement and the Deed of Trust. Section 6.03. Insufficiency of Net Proceeds. If the Project or a portion thereof is to be repaired, restored, relocated, modified or improved pursuant to Section 6.02 hereof, and if the Net Proceeds are insufficient to pay in full the cost of such repair, restoration, relocation, modification or improvement, the Borrower will nonetheless complete the work or cause the work to be completed and will pay or cause tO be paid any cost in excess of the amotmt of the Net Proceeds. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES Section 7.01. Events of Default. Any one of the following which occurs and continues shall constitute an Event of Default: (a) failure by the Borrower to pay any amounts required to be paid under Section 4.02(a) or Section 8.01 (a), (b) or (d) hereof, or under the Note, within five (5) days of the date any such payment is due in accordance with the terms hereof and of the Note, except that a failure of the Borrower to pay amounts required to be paid under Section 8.01 (a) (in respect of a redemption of the Bonds under Section 4.01 (c), (d) or (e) of the Indenture), 8.01 (d) or any corresponding provision of the Note shall be an Event of Default if the Borrower fails to pay any such amount when due under such provisions hereof and/or of the Note; (b) the occurrence of an Act of Bankruptcy or the failure of the Borrower to maintain insurance required under Section 5.04 hereof; (c) failure by the Borrower to observe and perform any other covenant, condition or agreement on its part required to be observed or performed by this Agreement (including performance of its obligations under the Regulatory Agreement and excluding, for purposes of this Section 7.01(c), performance of its obligations under the Supplemental Agreement), and which continues for a period of thirty (30) days after written notice, specifying such failure and requesting that it be remedied, given to the Borrower by the Issuer, any Bondowner or the Trustee, unless the owners of a majority in principal amount of the Bonds then outstanding shall agree in writing to an extension of such time prior to its expiration; provided, however, that if the failure (other than a failure that can be cured by the payment of money, including a failure arising from nonpayment of the Trustee's or Issuer's fees and expenses) stated in the notice cannot be corrected within such period, the Bondowners shall not unreasonably withhold their consent to an extension of such time if corrective action is instituted within such period and diligently pursued until the default is corrected, but in no event shall such corrective action exceed ninety (90) days; (d) the occurrence of an Event of Default under the Indenture; or (e) the receipt by the Trustee of notice from the Majority Owner of the occurrence of an Event of Default by the Borrower under and as such term is defined in the Supplemental Agreement. Section 7.02. Remedies on Default. (a) Whenever any Event of Default shall have occurred and shall continue, the Trustee may take any one or more of the following remedial steps: (1) The Trustee, without requirement for or any notice to the Borrower and with the prior written consent of the owners of a majority in principal amount of the Bonds then Outstanding (provided that no such consent shall be needed in connection with a default described in Section 7.01(b)), shall immediately declare to be due and payable immediately the unpaid balance of the Loan, and, if the Loan is not immediately repaid in full, shall commence foreclosure proceedings under the Deed of Trust and the exercise of any rights and remedies thereunder pursuant to the terms thereof. 21 (2) The Issuer and/or the Trustee may have access to and may inspect, examine and make copies of the books and records and any and all accounts and data of the Borrower related to the Project. (3) The Trustee may take whatever action at law or in equity as may be necessary or desirable to collect the payments and other amounts then due and thereafter to become due or to enforce performance and observance of any obligation, agreement or covenant of the Borrower under this Agreement or the Deed of Trust, subject to the provisions of the second paragraph of Section 4.03 hereof. (4) The Trustee may institute any action or proceeding at law or in equity for the collection of any sums due and unpaid, and may prosecute any such action or proceeding to judgment or final decree, and may enforce any such judgment or final decree against the Borrower and collect in the manner provided by law the moneys adjudged or decreed to be payable, subject to the provisions of the second paragraph of Section 4.03 hereof. Notwithstanding the foregoing, the owners of a majority in principal of the Bonds Outstanding (i) may direct the exercise by the Trustee of any remedy available to the Trustee or any trust or power conferred on the Trustee pursuant to this Agreement, or (ii) may demand an assignment of the Trustee's rights of enforcement (of provisions for the benefit of the Bondowners) hereunder and elect to exercise any and aH available remedies on behalf of all of the Bondowners. The Trustee may refuse to follow any such direction referred to in the preceding clause (i) that conflicts with law or this Agreement or the Indenture, or unless the Trustee shall have been provided with indemnity satisfactory to it in its reasonable discretion, or that may result in the personal liability of the Trustee, but the Trustee may in no event refuse to make any such assignment referred to in the preceding clause (ii). (b) In case the Trustee, the Bondowners or the Issuer shall have proceeded to enforce their respective rights under this Agreement and such proceedings shah have been discontinued or abandoned for any reason or shall have been determined adversely to the Trustee, the Bondowners or the Issuer, then, and in every such case, the Borrower, the Trustee, the Bondowners and the Issuer shall be restored respectively to their several positions and rights hereunder, and all fights, remedies and powers of the Borrower, the Bondowners, the Trustee and the Issuer shall continue as though no such action had been taken. (c) In case proceedings shall be pending for the bankruptcy or for the reorganization of the Borrower under the federal bankruptcy laws or any other applicable law, or in case a receiver or trustee shall have been appointed for the property of the Borrower or in the case of any other similar judicial proceedings relative to the Borrower, or the creditors or property of the Borrower, then the Trustee shall be entitled and empowered, by intervention in such proceedings or otherwise, to file and prove a claim or claims for the whole amount owing and unpaid pursuant to this Agreement and, in case of any judicial proceedings, to file such proofs of claim and other papers or documents as may be necessary or advisable in order to have the claims of the Trustee allowed in such judicial proceedings relative to the Borrower, its creditors or its property, and to collect and receive any moneys or other property payable or deliverable on any such claims, and to distribute such amounts as provided in the Indenture after the deduction of its charges and expenses. Any receiver, assignee or trustee in bankruptcy or reorganization is hereby authorized to make such payments to the Trustee, and to pay to the Trustee any reasonable amount due it for compensation and expenses, including expenses and fees of counsel incurred by it up to the date of such distribution. 22 (d) Notwithstanding anything in the Indenture, the Deed of Trust, the Supplemental Agreement or this Agreement to the contrary, the Trustee shall not be required to initiate foreclosure proceedings with respect to the Project, and shall not otherwise be required to acquire possession of, or take other action with respect to the Project which could cause it to be considered an "owner" or "operator" within the meaning of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, or any other law dealing with the environmental matters or hazardous substances, unless the Trustee has sufficient comfort, based on previous determinations by experts on which Trustee can rely, including an environmental report, that: (A) the Project is in compliance with laws relating to Hazardous Substances (as referred to in Article V of the Supplemental Agreement) or, if not, that it would nevertheless be in the best economic interest of the Trustee and the Bondholders to take such actions as are necessary for the Project to comply therewith; (B) there are no circumstances present at the Project relating to the use, management or disposal of any hazardous substances, hazardous materials, hazardous wastes, or petroleum-based materials for which investigation, testing, monitoring, contaminant, clean up or remedial action could be required under any Environmental laws, or that if any such materials are present for which such action could be required, that it would be nevertheless in the best economic interest of the Trustee and the Bondholders to take such actions with respect to the Project; (C) if the Trustee has determined that it would be in the best economic interest of the Trustee and the Bondholders, the Trustee must be satisfied that it will suffer no unreimbursed liabilities and will be adequately reimbursed for all liabilities, expenses and costs from available funds in Trustee's possession and control; and (D) if the Trustee has determined that it would be in the best economic interest of the Trustee and the Bondholders to take any such action and its aforementioned liabilities, expenses and costs are adequately reimbursed, the Trustee has so notified the Bondholders and has not received, within 30 days of such notification, instructions from owners of sixty percent (60%) or more in principal amount of the then Outstanding Bonds directing it not to take such action. If the foregoing conditions are not satisfied and the Trustee is not willing to waive such conditions and initiate foreclosure proceedings, then the Trustee shall take such actions as are reasonably necessary or appropriate in order to facilitate the appointment of a co-trustee, being a person or entity designated by the Owners of a majority in principal amount of the Bonds then Outstanding and to assign to such person or entity (subject, however, to the trusts created pursuant to the Indenture) the beneficial interest under the Deed of Trust, for the limited purpose of conducting a foreclosure of the Deed of Trust and receiving and holding any title to real property obtained as a result of such foreclosure, or shall otherwise make an assignment of its rights of enforcement to the Bondowners as described in clause (ii) of the second sentence of Section 7.02 (a) hereof. Persons or entities appointed as co-trustees or agents of the Trustee pursuant to this Section 7.02(d) shall not be required to meet the criteria of Section 8.07 of the Indenture, or any other criteria, in order to serve as such. Section 7.03. Agreement to Pay Attorneys' Fees and Expenses. In the event the Borrower should default under any of the provisions of this Agreement and any owner or group of owners of the Bonds then Outstanding, the Issuer or the Trustee should employ attorneys or incur other expenses for the collection of the payments due under this Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Borrower herein contained, the Borrower agrees to pay to such Bondowners, the lssuer or the 23 Trustee the reasonable fees and expenses of such attorneys and such other expenses so incurred by the lssuer, such Bondowners or the Trustee. Section 7.04. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Issuer or the Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any fight or power accruing upon any default shall impair any such fight or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the Issuer or the Trustee to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be herein expressly required or required by law to be given. Such fights and remedies as are given the Issuer hereunder shall also extend to the Trustee, and the Trustee and the holders of the Bonds shall be deemed third party beneficiaries of all covenants and agreements herein contained. Section 7.05. No Additional Waiver Implied by One Waiver. In the event any agreement or covenant contained in this Agreement should be breached by the Borrower and thereafter waived by the Issuer or the Trustee, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. Section 7.06. Notice of Certain Events. The Borrower hereby covenants to advise the Issuer and a Responsible Officer of the Trustee promptly in writing of the occurrence of any Event of Default hereunder (or under, and as defined in, the Supplemental Agreement) or any event which, with the passage of time or service of notice, or both, would constitute an Event of Default hereunder (or under, and as defined in, the Supplemental Agreement), specifying the nature and period of existence of such event and the actions being taken or proposed to be taken with respect thereto. In addition, the Borrower hereby covenants to advise the lssuer and a Responsible Officer of the Trustee promptly in writing of the occurrence of any default under the Deed of Trust, or of the occurrence of an Act of Bankruptcy. ARTICLE VIII PREPAYMENT Section 8.01. Prepayment of Loan. The Loan shall not be prepaid except as provided in this Section. No prepayment of the Loan shah relieve the Borrower of its obligations under the Regulatory Agreement during the Qualified Project Period. The Borrower shah be permitted or required to prepay, or shall be deemed to have prepaid, the Loan, in whole or in part, and the principal amount thereof shall be reduced accordingly, in an amount equal to the principal amount of Bonds redeemed and on the date of such redemption, as follows: (a) The Borrower shall be required to prepay the Loan in whole on the date necessary in order for the Bonds to be redeemed as provided in Section 4.01(d) and/or 4.01(e) of the Indenture. (b) The Borrower shah be required to prepay the Loan from the amount of any Net Proceeds of any insurance or condemnation award which are not used to repair or replace the Project pursuant to Section 6.02 hereof, the Supplemental Agreement, the Deed of Trust or Section 4.01 (a) of the Indenture. (c) The Borrower shah be permitted to prepay the Loan in whole on any Interest Payment Date on which the Bonds are subject to redemption pursuant to Section 4.01(c) of the Indenture, but only on at least 20 days' notice by the Borrower to the Trustee of such redemption accompanied by the amount to be due on such redemption (including any applicable premium). (d) The Borrower shall be required to prepay the full remaining balance of the Loan, upon the occurrence of an Event of Default and the acceleration of the Loan pursuant to Section 7.02 hereof. Section 8.02. Redemption of Bonds Upon Prepayment. Upon any prepayment of the Loan as provided in Section 8.01, the Trustee is required by the Indenture to call all or part of the Bonds for redemption under Section 4.01 of the Indenture. Section 8.03. Amount of Prepayment. In the event of any prepayment pursuant to Section 8.01, the amount of the Loan deemed to be prepaid shall be equal to the principal amount of Bonds redeemed as described in Section 8.02. The aggregate amount to be paid by the Borrower shall be equal to the redemption price of the Bonds to be redeemed, which redemption price shah include aH principal and accrued interest due on the redemption date, together with an amount equal to any Redemption Premium due in connection with the redemption of the Bonds (or, in connection with a prepayment under Section 8.01(a) in connection with a redemption of Bonds pursuant to Section 4.01(e) of the Indenture, the aggregate amount to be paid by the Borrower shall be an amount equal to the Taxable Redemption Price, as defined in the Supplemental Agreement). In the case of prepayment of the Loan in full, the Borrower also shall pay to the Trustee an amount sufficient, together with other funds held by the Trustee and available for such purpose, to pay aH reasonable and necessary fees and expenses of the Issuer, the Trustee and any paying agent accrued and to accrue through final payment of the Bonds and aH other liabilities of the Borrower accrued and to accrue under this Agreement and any past due late fees or other amounts owing hereunder, or under the Note, the Deed of Trust or the Supplemental Agreement. In the case of partial prepayment of the Loan, the Borrower shall pay or cause to be paid to the Trustee an amount sufficient, 25 together with other funds held by the Trustee and available for such purpose, to pay expenses of redemption of the Bonds to be redeemed upon such prepayment. The Borrower agrees that it will not voluntarily prepay the Loan or any part thereof, except in amounts sufficient to redeem Bonds in an amount equal to at least in whole multiples of $500, and to pay any applicable redemption premium and accrued interest to the redemption date. ARTICLE IX LIMITATION ON LIABILITY OF ISSUER; EXPENSES; INDEMNIHCATION Section 9.01. Limitation on Liability of Issuer. The Issuer shall not be obligated to pay the principal of, or premium, if any, or interest on the Bonds, except from Revenues. The Borrower hereby acknowledges that the Issuer's sole source of moneys to repay the Bonds and to pay expenses related thereto will be provided by the payments made by the Borrower pursuant to this Agreement, together with other Revenues, or investment income on certain funds and accounts held by the Trustee under the Indenture, and hereby confizms that amounts available to pay all principal of, and premium, if any, and interest on the Bonds as the same shall become due (whether by maturity, redemption, acceleration or otherwise), have been calculated to be at all times sufficient for such purpose. Any obligation or liability of the Issuer created by or arising out of this Agreement (including, without limitation, any liability created by or arising out of the representations, warranties or covenants set forth herein or otherwise) shall not impose a debt or pecuniary liability upon the lssuer or a charge upon its general credit, but shall be payable solely out of the Revenues. Neither the issuance of the Bonds nor the delivery of this Agreement shall, directly or indirectly or contingently, obligate the Issuer to make any appropriation for their payment. Nothing in the Bonds or in the Indenture or this Agreement or the proceedings of the Issuer authorizing the Bonds or in the Act or in any other related document shall be construed to authorize the Issuer to create a debt of the Issuer within the meaning of any constitutional or statutory provision of the State of California. No breach of any pledge, obligation or agreement of the Issuer hereunder may impose any pecuniary liability upon the Issuer or any charge upon its general credit. Section 9.02. Expenses. The Borrower covenants and agrees to pay and to indemnify the Issuer, the Trustee and the Bondowners against all costs and charges, including reasonable fees and disbursements of attorneys, accountants, consultants and other experts, incurred in good faith in connection with this Agreement, the Bonds or the Indenture, except to the extent, with respect to the Trustee, made necessary by the negligence or willful misconduct of the Trustee. Section 9.03. Indemnification. The Borrower hereby covenants and agrees that it shall indemnify and hold harmless the Issuer, its officers, officials, members, employees and agents (each, an "Issuer Indemnitee"), and the Trustee and the Bondowners and their respective officers, officials, members, commissioners, directors, employees and agents from and against all claims, liabilities, obligations, damages, penalties, litigation, costs, charges and expenses (including without limitation reasonable attorneys, accounting, consulting, engineering, and other fees and expenses), imposed on, incurred by or asserted against any Issuer Indemnitee, the Trustee or the Bondowners and arising from, resulting from, or in any way connected with or related to (i) any cause whatsoever in connection with the approval of tax-exempt financing for the Project or the making or administration of the Loan; (ii) any act or omission of the Borrower or any of its agents, servants, employees or licensees, in connection with the Loan or the Project; (iii) the operation, use, occupancy, maintenance, or ownership of the Project (including compliance with laws, ordinances and rules and regulations of public authorities relating thereto); (iv) the Trustee's acceptance or administration of the trusts under and/or the Issuer's execution of the Indenture, this Agreement, the Supplemental Agreement or the Regulatory Agreement, or the exercise or performance by the Issuer of any powers or duties under the Indenture, this Agreement, the Supplemental Agreement or the Regulatory Agreement, or (v) the issuance of any Bonds or any certifications or representations of the Borrower made in 27 connection therewith and the carrying out of any of the transactions contemplated by the Bonds, the Supplemental Agreement and the Regulatory Agreement; provided, however, that this provision shall not require the Borrower to indemnify any Issuer Indemnitee, the Trustee or any Bondowners from any claims, costs, fees, expenses or liabilities arising from the willful misconduct of such lssuer Indenutitee or the willful misconduct or gross negligence of the Trustee or Bondowner, as applicable. The indemnity provided in this Section shall include within its scope, without limitation, any and all active or passive negligence on the part of any Issuer Inctemnitee (other than willful misconduct) or any claims of combined negligence on the part of any Issuer Indemnitee and Borrower, to the extent such Issuer Indemnitee is not prohibited by law from contracting for indemnification against such active, passive or combined negligent conduct; any claims for wrongful death; any vicarious liability imposed upon any Issuer Indemnitee; and any liability imposed by law on any Issuer Indemnitee on a strict liability theory or pursuant to any local, state or federal environmental statute, regulation or law; and the Borrower expressly acknowledges that the scope of its obligation to indemnify, hold harmless and defend the Issuer extends to and includes all loss, costs, damages, expenses, suits, judgments, actions and liabilities of whatsoever nature arising out of or related to the lssuer's obligations, liabilities and/or responsibilities with respect to the Americans with Disabilities Act of 1990, as amended, (the "ADA") insofar as they relate to the Project or arise out of the Issuer's issuance of the Bonds, including, but not limited to, any claim that the Project is inaccessible to or that the Borrower discriminates against disabled individuals; it being expressly agreed by the Borrower that the issuance of the Bonds and/or the making of the Loan are not willful misconduct excusing the Borrower from its indemnification obligations with respect to the Issuer's potential ADA liability. It is the express intention of the parties that Borrower shall indemnify each lssuer Indemnitee against any and all such liability hereunder, and that the foregoing indemnification with respect to the Borrower shall survive the termination of this Agreement. The Borrower also shall pay and discharge and shall indemnify and hold harmless each Issuer Indemnitee, the Bondowners and the Trustee from any taxes (including, without limitation, any ad valorem taxes and sales taxes, but not income taxes on fees and expenses paid to the Trustee), assessments, impositions and other charges in respect of the Project. In the event that any action or proceeding is brought against any Issuer Indemnitee or the Trustee or any Bondowner with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the indemnified party, shall assume the investigation and defense thereof, including the employment of counsel selected by the indemnified party and the payment of all expenses related thereto. Each Issuer Indemnitee, the Trustee or any Bondowner, as applicable, shall have the right to retain separate defense counsel at the sole cost and expense of Borrower, upon such indemnitee's reasonable determination that such separate counsel is necessary to provide such indemnified party with an adequate defense to any such action or proceeding. In addition thereto, the Borrower will pay upon demand all of the fees and expenses paid or incurred by any Issuer Indemnitee, the Trustee or any Bondowner in enforcing the provisions hereof. The provisions of this Section and Section 4.02(b), (c) and (d) shall survive the resignation or removal of the Trustee, the repayment of the Loan and the retirement of the Bonds. Nothing contained herein shall in any way be construed to impose any duties upon the Trustee beyond those contained in the Indenture. All immunities, indemnities, exceptions from liability and other provisions of the Indenture insofar as they relate to the Trustee or the Issuer 28 shall apply to this Agreement. The immunities of the Trustee and the Issuer also extend to its respective directors, officers, officials, members, employees and agents. 29 ARTICLE X MISCELLANEOUS Section 10.01. Notices. All notices, certificates or other communications shall be deemed sufficiently given if the same shall have been duly mailed by first-class mail, postage prepaid, or given by telephone or telecopier and confirmed by such mail addressed to the Issuer, the Majority Bondowner, the Borrower or the Trustee at the respective addresses set forth in Section 11.06 of the Indenture. A duplicate copy of each notice, certificate or other communication given hereunder by either the Issuer or the Borrower to the other shah also be given to the Trustee and the Majority Bondowner. The Issuer, the Borrower, the Majority Bondowner and the Trustee may, by notice given hereunder, designate any different addresses to which subsequent notices, certificates or other communications shall be sent. Notwithstanding the foregoing provisions of this Section 10.01, the Trustee shall not be deemed to have received, and shah not be liable for failing to act upon the contents of, any notice unless and until the Trustee actually receives such notice. Section 10.02. Severability. If any provision of this Agreement shall be held or deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatever. Section 10.03. Execution of Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument; provided, however, that for purposes of perfecting a security interest in this Agreement by the Trustee under Article 9 of the California Uniform Commercial Code, only the counterpart delivered, pledged, and assigned to the Trustee shall be deemed the original Section 10.04. Amendments, Changes and Modifications. Except as otherwise provided in this Agreement or the Indenture, subsequent to the initial issuance of Bonds and prior to their payment in full, or provision for such payment having been made as provided in the Indenture, this Agreement may be effectively amended, changed, modified, altered or terminated only by written instrument executed by the parties hereto and compliance with any applicable requirements of the Supplemental Agreement. Section 10.05. Governing Law. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of California applicable to contracts made and performed in such State. Section 10.06. Authorized Representatives. Whenever under the provisions of this Agreement the approval of the Borrower or the Issuer is required for any action, and whenever the Borrower or the Issuer is required to deliver any notice or other writing, such approval or such notice or other writing shall be given, respectively, on behalf of the Borrower by the Authorized Borrower Representative and on behalf of the Issuer by the Authorized Issuer Representative, and the Issuer, the Trustee and the Borrower shah be authorized to act on any such approval or notice or other writing and none of the parties hereto shall have any complaint against the other or against the Trustee as a result of any such action taken. Section 10.07. Term of the Agreement. This Agreement shall be in full force and effect from the date hereof and shall continue in effect as long as any of the Bonds are outstanding. The provisions of Sections 4.02(b), (c) and (d), 4.03, 7.03, 9.02 and 9.03 and all 30 representations, certifications and covenants by the Borrower as to all matters affecting the tax- exempt status and the Bank Qualified status of the Bonds shall survive the termination of this Agreement. Section 10.08. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the Issuer, the Trustee, the Borrower and their respective successors and assigns; subject, however, to the limitations contained in Section 5.02 hereof. Section 10.09. Capacity of Trustee. The Trustee is entering into this Loan Agreement solely in its capacity as Trustee under the Indenture and the duties, powers and liabilities of the Trustee in acting hereunder shall be subject to the provisions of the Indenture, including, without limitation, the provisions of Article VIII thereof. Section 10.10. Arbitration. (a) In any judicial action between or among the parties hereto, including but not limited to any action or cause of action arising out of or relating to this Agreement or the Loan Documents or based on or arising from an alleged tort, all decisions of fact and law will at the request of any party be referred to a referee in accordance with California Code of Civil Procedure Sections 638 et seq. The parties will designate to the court a referee or referees selected under the auspices of the American Arbitration Association ("AAA") in the same manner as arbitrators are selected in AAA-sponsored proceedings. The presiding referee of the panel, or the referee if there is a single referee, must be an active attorney or retired judge. Judgment upon the award rendered by the referee or referees may be entered in the court in which the proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. (b) After the Deed of Trust has been released, fully reconveyed, or extinguished, any controversy or claim between or among the parties hereto, including those arising out of or relating to this Agreement or the Loan Documents and any claim based on or arising from an alleged tort, must at the request of any party be determined by arbitration. The arbitration must be conducted in accordance with the United States Arbitration Act (Title 9, U.S. Code), notwithstanding any choice of law provision in this Agreement, and under the Commercial Rules of the AAA. The arbitrator(s) must give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable will be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillav: remedy does not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relleL (c) The provisions of the preceding paragraph (b) notwithstanding, no controversy or claim may be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, the controversy or claim arises from or relates to an obligation to the Bondowners which is secured by real property collateral. If all parties do not consent to submission of the controversy or claim to arbitration, the controversy or claim must be determined as provided in Section 10.10(a). (d) No provision of this Section 10.10 limits the right of any party to this Agreement to exercise self-help remedies such as setoff, foreclosure against or sale of any real or personal property collateral or security, or obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either party to resort to arbitration or reference. At the Majority Bondowner's option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure. 31 IN WITNESS WHEREOF, the Issuer has caused this Agreement to be executed in its name by its duly authorized officer, the Trustee has caused this Agreement to be executed in its name by its duly authorized officer, and the Borrower has caused this Agreement to be executed in its name by its authorized officer, all as of the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Executive Director FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Trustee Vice President THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation Its: 30050-01:J2087 32 EXHIBITA PROM/SSORYNOTE $ March .__, 1996 THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation (the "Borrower") duly organized under the laws of the State of California hereby PROMISES TO PAY TO THE ORDER OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA (the "Issuer"), a public body, corporate and politic, duly organized and existing under the Constitution and laws of the State of California, the principal sum of Seventeen Million Dollars ($ .), together with interest from the date hereof on the portion of the unpaid principal balance owing at an interest rate equal to the rate of interest on the Bonds, as provided for and as said term is defined in that certain loan agreement dated as of March 1, 1996, by and among the Borrower, the Issuer and First Trust of CalLfornia, National Association, as trustee (the "Trustee"), pursuant to which this Promissory Note is issued, executed and delivered (the "Loan Agreement"). All capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth in the Loan Agreement. Principal and interest shall be payable as provided in Section 4.02(a) of the Loan Agreement. All payments on this Promissory Note shall be made in lawful money of the United States of America in immediately available funds by 9:00 a.m. Pacific Time on the date they are due and payable at the corporate trust office of the Trustee in Los Angeles, California. Additional interest and late fees shall be added to the amounts payable hereunder and not paid by such time on the date so due and payable, as provided in the last sentence of Section 4.02(a) of the Loan Agreement. All sums paid hereon shah be applied first to the satisfaction of interest due and the balance to the unpaid principal owing hereunder. This Promissory Note is subject to optional prepayment, and must be prepaid, in the principal amounts, plus interest accrued to the date fixed by the Trustee for redemption of the Bonds to be redeemed with such prepayments, and any applicable premiums, as described in Sections 8.01 and 8.03 of the Loan Agreement. By its execution below, the Borrower expressly waives any right under California Civil Code Section 2954.10 or otherwise to prepay this Note, in whole or in part, without payment of an amount equal to the Redemption Premium as set forth in the Loan Agreement. The Borrower agrees to pay the amount equal to the Redemption Premium even if the prepayment is made following acceleration of this Note by reason of any transfer or conveyance of any right, title or interest in the real property encumbered by the Deed of Trust that gives rise to a right to accelerate the maturity of this Note pursuant to the terms of the Deed of Trust and the Loan Agreement. The Borrower acknowledges that prepayment of this Note may result in a Bondowner incurring additional costs (including lost opportunity costs), expenses or liabilities. The Borrower therefore agrees that the payment of an amount equal to the Redemption Premium represents a reasonable estimate of the prepayment costs, expenses or liabilities the Bondowners may suffer on a prepayment. The Borrower agrees that the Original Purchaser's willingness to purchase the Bonds bearing interest at the rate specified in the Indenture and the Issuer's willingness to make the Loan at such interest rate is sufficient and independent consideration, given individual weight by the Borrower, for this waiver. The Borrower understands that the Original Purchaser would not have purchased the Bonds and the Issuer would not have made the Loan absent this waiver. A-1 In the event of a partial prepayment of this Promissory Note, pursuant to Section 8.01 of the Loan Agreement, the principal amount of the Borrower's obligation under this Promissory Note shall be reduced as provided in the Loan Agreement. If a default is made in the payment of the principal of or any installment of interest on this Promissory Note and the same is placed in the hands of an attorney for collection, or if suit is filed hereon, or proceedings are had in bankruptcy, probate, receivership, reorganization, arrangement or other judicial proceedings for the establishment or collection of any amount called for hereunder, or any amount payable or to be payable hereunder is collected through any such proceedings, the Borrower agrees to pay to the holder hereof all reasonable costs of collection, including attorneys fees. All past-due installments of the principal of or interest on this Promissory Note shall bear interest from and after maturity until paid at the then rate of interest on the Bonds, plus the additional interest (and together with any applicable Late Charge) as provided in the last sentence of Section 4.02(a) of the Loan Agreement. The Borrower expressly waives demand and presentment for payment, notice of nonpayment, protest, notice of protest, notice of dishonor, bringing of suit, and diligence in taking any action to collect any amounts called for hereunder and in the handling of properties, rights or collateral at any time existing in connection herewith. In any action or proceeding to recover any sum herein provided for, no defense of adequacy of security, or that resort must first be had to security or to any other person, shall be asserted. All of the terms, covenants, provisions, and conditions herein contained are made on behalf of, and shall apply to and bind, the undersigned and its successors and assigns, jointly and severally. The personal liability of the Borrower and its members is limited as provided in the Loan Agreement and the Supplemental Agreement referred to herein. If an attorney is engaged by the Issuer or the Trustee to enforce or construe any provision of this Note, the Loan Agreement, the Supplemental Agreement or the Deed of Trust, or as a consequence of any default or event of default hereunder, with or without the filing of any legal action or proceeding, then the Borrower shall immediately pay upon demand all attorney's fees and all other costs incurred by the Issuer or the Trustee, together with interest thereon from the date of such demand until paid at the rate of interest applicable to the principal owing hereunder as if such unpaid attorney's fees and costs have been added to the principal. This Note is secured, inter alia, by the Deed of Trust. In the event that there is a default in payment as scheduled herein (subject to any grace period allowed under the Loan Agreement) or an event of default under the terms of the Deed of Trust securing this Note, or a default of the Loan Agreement or the Supplemental Agreement, the Trustee may without farther notice, declare all amounts of the outstanding principal and accrued interest hereon immediately due and payable, subject to the provisions of the Loan Agreement and the Supplemental Agreement. Reference is made to the Deed of Trust and the Supplemental Agreement for the right of the Beneficiary thereunder to accelerate the indebtedness evidenced by this Note. This Promissory Note has been issued pursuant to the Loan Agreement and the Supplemental Agreement and is entitled to the benefit and security thereof. Reference is hereby made to the Loan Agreement and the Supplemental Agreement for provisions relating to the acceleration of the indebtedness evidenced hereby upon the occurrence of certain events stated therein, and for all other relevant purposes. A-2 This Promissory Note has been issued, executed and delivered in the State of California and shall be governed by and construed in accordance with the laws of the State of California. THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation Its: Endorsement to Promissory Note, dated March ._. 1996, in the principal amount of $ , made by THE COACHELLA VALLEY HOUSING COALITION payable to the order of the Redevelopment Agency of the City of Temecula. Pay to the order of First Trust of California, National Association, as trustee. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Executive Director A-3 EXHIBIT B REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MULTIFA1VIILY HOUSING REVENUE BONDS, 1996 SERIES A (RANCHO WEST APARTMENTS) FORM OF FUNDING REQUISITION Date: Requisition No. 1. We hereby request that the sum of $ be disbursed from the Program Fund for the items described on Exhibit A hereto, to be paid to the persons or entities as described on said Exhibit A. 2. The undersigned hereby represents that: (a) each obligafion to which the amount specified above relates is a Project Cost, has been properly incurred, is a proper charge against the Program Fund and has not been the basis of any previous disbursement; (b) that the expenditure of such disbursement when added to all previous disbursements from the Program Fund will result in not less than 97 percent of all disbursements from the Program Fund having been used to pay or reimburse the Borrower for Qualified Project Costs; (c) the Regulatory Agreement and the Deed of Trust are in full force and effect and no event of default has occurred and is continuing under either such document; and (d) that no event of default now exists under the Supplemental Agreement, the Note, the Regulatory Agreement, the Deed of Trust or the Loan Agreement; and (e) this disbursement has been incurred for the items set forth on Exhibit A hereto. THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation By Authorized Borrower Representative B-I DISBURSEMENT CONSENTED TO BY: BANK OF AMERICA, FSB, A FEDERAL SAVINGS BANK By Authorized Representative Capitalized terms used herein shall have the meanings given to them in the Indenture of Trust, dated as of March 1, 1996, by and between the Redevelopment Agency of the City of Temecula and First Trust of California, National Association, as trustee. B-2 30050-01 JHHW:PJT:cra 03/06/96 J2088 03/lq/Q6 TO BE RECORDED AND UPON RECORDATION RETURN Jones Hall Hill & White, A Professional Law Corporation Four Embarcadero Center, 19th Floor San Francisco, CA 94111 Attn: Paul J. Thimmig, Esq. REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS by and among the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA and FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION as Trustee and THE COACHELLA VALLEY HOUSING COALITION Dated as of March 1, 1996 Relating to: Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Issue A (Rancho West Apartments) TABLE OF CONTENTS Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Section 23. Definitions and Interpretation ..................................................................................1 Acquisition and Rehabilitation of the Project .............................................................4 Residential Rental Property .....................................................................................5 Lower-Income Tenants .............................................................................................6 Conflicts With Other Regulatory Agreement ............................................................9 Tax-Exempt Status of the Bonds ........................................: .......................................9 Agreement to Record ...............................................................................................9 Reliance ................................................................................................................ Project Within the Boundaries of the City ................................................................l0 Sale or Transfer of the Project .................................................................................10 Term .....................................................................................................................11 Burden and Benefit ................................................................................................11 Uniformity; Common Plan ..................................................................................... Enforcement ..........................................................................................................11 Estoppel Certificate ................................................................................................12 Indemnification .....................................................................................................12 Amendments ....................................................................................................~ 3 Notice ...................................................................................................................13 Severability ...........................................................................................................14 Multiple Counterparts ............................................................................................14 Limited Liability ...................................................................................................14 The Trustee ...........................................................................................................14 Attorneys' Fees ......................................................................................................14 EXHIBIT A - LEGAL DESCRIPTION OF PROJECT SITE EXHIBIT B - CERTIFICATION OF TENANT ELIGIBILITY EXHIBIT C - CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE -i- REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS THIS REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS (the "Regulatory Agreement") is made and entered into as of March 1, 1996, by and among the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body corporate and politic, duly organized and existing under the laws of the State of California (the "Issuer"), FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America and authorized to accept and execute trusts of the type contemplated by the Indenture (as herein defined) (the "Trustee"), and THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation (the "Borrower"), WITNESSETH: WHEREAS, the Issuer, acting pursuant to Chapter 7.5 of Part I of Division 24 of the Health and Safety Code of the State of California (the "Act"), has entered into an Indenture of Trust, dated as of March 1, 1996 (the "Indenture") with the Trustee; and WHEREAS, the Act and the Indenture authorize the Issuer to issue bonds to finance the acquisition of multifamily rental housing by nonprofit organizations, including the Borrower; and WHEREAS, the Issuer has adopted a resolution authorizing the issuance of its Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments) (the "Bonds") and the loan of the proceeds thereof to the Borrower to enable the Borrower to finance the acquisition and rehabilitation of a 150 unit multifamily housing development located within the City of Temecula as further described herein (the "Project"), all for the public purpose of assisting persons of lower income within the City of Temecula to obtain decent, safe and sanitary housing; and WHEREAS, the Borrower will rent or lease or will hold available for rent or occupancy at least twenty percent (20%) of the dwelling units in the Project to individuals or households of lower income, as herein defined, all for the public purpose of assisting such individuals and families to afford the costs of decent, safe and sanitary housing; and WHEREAS, the Internal Revenue Code of 1986, as amended, and the regulations and rulings promulgated with respect thereto prescribe that the use and operation of the Project be restricted in certain respects and in order to ensure that the Project will be used and operated in accordance with said codes, regulations, and rulings and to that end, the Issuer, the Trustee and the Borrower have determined to enter into this Regulatory Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Issuer, the Trustee and the Borrower agree as follows. Section 1. Definitions and Interpretation. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. "Act" means Chapter 7.5, commencing with Section 33740, of Part 1 of Division 24 of the Health and Safety Code of the State of California as now in effect. "Adjusted Income" means the adjusted income of a person (together with the adjusted income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit) as calculated in the manner prescribed pursuant to Section 8 of the United States Housing Act of 1937, or, if said Section 8 is terminated, as prescribed pursuant to said Section 8 immediately prior to its ~ermination or as otherwise required under the Code and the Act. "Affiliated Party" means a person whose relationship with the Borrower would result in a disallowance of losses under Section 267 or 707(b) of the Code or who together with the Borrower are members of the same controlled group of corporations (as defined in Section 1563(a) of the Code, except that "more than 50 percent" shall be substituted for "at least 80 percent" each place it appears therein). "Affordable Rent" or "Rents" means monthly rent (excluding any supplemental rental assistance from the State, the federal government, or any other public agency to tenants or on behalf of the applicable Lower-Income Units) not in excess of thirty percent (30%) of one- twelfth of fifty percent (50%) of the Median Income for the Area, based upon the following assumed household sizes for the following sizes of residential units in the Project: Size of Units Assumed Number of Persons in Household for Affordable Units Studio 1 One bedroom 2 Two bedrooms 3 Three bedrooms 4 Four bedrooms 5 Five or more bedrooms As determined by HUD "Area" means the applicable Primary Metropolitan Statistical Area in which the Project is located. "Bond Counsel" means any attorney at law or firm of attorneys selected by the Issuer and acceptable to the Trustee, of nationally recognized standing in matters pertaining to the federal tax status of interest on bonds issued by states and political subdivisions, and duly admitted to practice iaw before the highest court of any state of the United States of America, but shah not include counsel for the Borrower. "Bondholder" or "holder" or "owner of the Bonds" means the registered owner of any Bond as shown on the registration books maintained by the Trustee pursuant to the Indenture. "Bonds" means the Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bonds, 1996 Series A (Rancho West Apartments). "Borrower" means The Coachella Valley Housing Coalition, a California nonprofit public benefit corporation, and its successors and assigns, and any surviving, resulting or transferee entity. "Borrower Representative" means the person or persons (who may be employees of the Borrower) designated from time to time to act hereunder on behalf of the Borrower in a written certificate furnished to the Issuer and the Trustee, containing a specimen signature of such 2 person or persons and signed on behalf of the Borrower by a duly authorized representative of the Borrower. "Certificate of Continuing Program Compliance" means the certfficate to be filed monthly by the Borrower with the lssuer and the Trustee which shall be substantially in the form attached to this Regulatory Agreement as Exhibit C, or in such other form as is acceptable to the Issuer. "Certification of Tenant Eligibility" means a certificate in the form of Exhibit B attached hereto, or any other similar certificate in form and substance acceptable to the Issuer. "City" means the City of Temecula, California. "Code" has the meaning ascribed to such term in the Indenture. "Deed of Trust" has the meaning ascribed to such term in the Indenture "HUD" means the United States Department of Housing and Urban Development. "Indenture" means the Indenture of Trust, dated as of March 1, 1996, between the lssuer and the Trustee, as originally executed or as it may from time to time be amended in accordance with its terms. "Issuance Costs" shall have the meaning ascribed to such term in the Indenture. "Issue Date" means the date on which the Bonds are first issued, being March ___, 1996. "Issuer" means the Redevelopment Agency of the City of Temecuia. "Loan" means the loan made by the Issuer to the Borrower pursuant to the Loan Agreement for the purpose of refinancing the Project. "Loan Agreement" means the Loan Agreement, dated as of March 1, 1996, among the Trustee, the Issuer and the Borrower, as originally executed and as supplemented by the Supplemental Agreement (as defined in the Indenture), or as it may from time to time be further supplemented or amended. "Lower-lncome Tenants" means individuals or families, on the basis of the "Certification of Tenant Eligibility" attached hereto as Exhibit B and incorporated by reference herein as certified by such individual or family, who have an Adjusted Income which does not exceed fifty percent (50%) of the Median Income for the Area, adjusted for household size. "Lower-Income Units" means the dwelling units in the Project designated for occupancy by Lower-Income Tenants pursuant to Section 4. "Median Income for the Area" means the median income for the Area as determined by the Secretary of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, or, if such program is terminated, under such program as in effect immediately before such determination. "Program Fund" has the meaning ascribed to such term in the Indenture. "Project" means the Project Facilities and the Project Site. 3 "Project Costs" has the meaning ascribed to such term in the Indenture. "Project Facilities" means the 150 apartment units and related and subordinate facilities located in the City financed with the proceeds of the Bonds, including structures, buildings, fixtures or equipment, as it may at any time exist, and any structures, buildings, fixtures or equipment acquired in substitution for, as a renewal or replacement of, or a modification or improvement to, all or any part of such facilities. "Project Loan Documents" means, collectively, the Loan Agreement (including the Supplemental Agreement), the Deed of Trust and all other documents related to the Loan executed by the Borrower. "Project Site" means the parcel of real property described in Exhibit A which is attached hereto, and incorporated by reference herein, and all rights and appurtenances thereunto appertaining. "Oualified Project Costs" has the meaning ascribed to such term in the Indenture. "Oualified Project Period" means the period beginning on the Issue Date, and ending on the latest of (a) the date which is at least 30 years after the Issue Date, (b) the first day on which no tax-exempt private activity bond issued, or any bond issued under the laws of the State, with respect to the Project is outstanding, (c) the date on which any assistance provided with respect to the Project under Section 8 of the United States Housing Act of 1937 terminates. "Regulatory Agreement" means this Regulatory Agreement and Declaration of Restrictive Covenants, dated as of March 1, 1996, among the Issuer, the Trustee and the Borrower. "State" means the State of California. "Trustee" means the entity acting as trustee under the Indenture. Such capitalized terms as are not defined herein shall have the meanings ascribed to them in the Indenture. Unless the context clearly requires otherwise, words of the masculine, feminine or neuter gender shall be construed to include each other gender when appropriate and words of the singular number shall be construed to include the plural number and vice versa, when appropriate. All the terms and provisions hereof shall be construed to effectuate the purposes set forth In this Regulatory Agreement and to sustain the validity hereof. The titles and headings of the sections of this Regulatory Agreement have been inserted for convenience of reference only, are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof or be considered or given any effect in construing this document or any provision hereof or in ascertaining intent, if any question of intent shall arise. Section 2. Acquisition and Rehabilitation of the Project. The Borrower hereby represents, warrants and covenants as follows: A. The Borrower has incurred a substantial binding obligation to expend proceeds of the Loan pursuant to which the Borrower is obligated to expend at least the lesser of (i) two and one-haLf percent (2-1/2%) of the principal amount of the Loan, or (ii) $100,000. B. The Borrower's reasonable expectations respecting the total expenditure of the proceeds of the Loan have been accurately set forth in a certificate of the Borrower delivered on the Issue Date. C. The Borrower will proceed with due diligence to complete the expenditure of the proceeds of the Loan. The Borrower reasonably expects to complete the acquisition and rehabilitation of the Project and to expend the full amount of the Loan for Project Costs by 1, 199__. D. The Borrower will submit to the Trustee, on or before the date of each disbursement from the Program Fund, a funding requisition approved by the Majority Owner certifying that the full amount of such disbursement will be applied to pay or to reimburse the Borrower for the payment of Project Costs and that after taking into account the proposed disbursement, the aggregate disbursements from the Program Fund will have been applied to pay or to reimburse the Borrower for the payment of QuaiLfled Project Costs in an amount equal to ninety-seven percent (97%) or more of such disbursements. E. Money on deposit in any fund or account in connection with the Bonds, whether or not such money was derived from other sources, shall not be used by or under the direction of the Borrower in a manner which would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, and the Borrower specifically agrees that the investment of money in any such fund shall be restricted as may be necessary to prevent the Bonds from being "arbitrage bonds" under the Code. F. The Borrower (and any Affiliated Party) will not take or omit to take, as is applicable, any action if such action or omission would in any way cause the proceeds from the date of the Bonds to be applied in a manner contrary to the requirements of the Indenture, the Loan Agreement, this Regulatory Agreement, the Act or the Code. Section 3. Residential Rental Property. The Borrower hereby represents, warrants and covenants, at all times during the Qualified Project Period, as follows: A. The Project Facilities will be operated for the purpose of providing multifamily residential rental property and the Borrower shall own, manage and operate (or cause the management and operation of) the Project Facilities as a project to provide multifamily residential rental housing comprised of a building or structure or several interrelated buildings or structures, each consisting of more than one dwelling unit and facilities functionally related and subordinate thereto. As used herein facilities functionally related and subordinate to the Project Facilities shall include facilities for use by the tenants, including, for example, swimming pools, other recreational facilities, parking areas, and other facilities which are reasonably required for the Project Facilities, for example, heating and cooling equipment, trash disposal equipment or units for resident managers or maintenance personnel. The Project at all times will be owned and operated by an organization described in Section 501 (c)(3) of the Code in a manner so as to not constitute an unrelated trade or business of such organization, or by a governmental unit (as described in Section 145 of the Code). B. All of the dwelling units in the Project are similarly constructed, and each dwelling unit in the Project contains facilities for living, sleeping, eating, cooking and sanitation for a single person or a family which are complete, separate and distinct from 5 other dwelling units in the Project and includes a sleeping area, bathing and sanitation facilities and cooking facilities equipped with a cooking range, refrigerator and sink. C. Except for two (2) units in the Project to be operated as transitional/emergency housing, none of the dwelling units in the Project will at any time be used on a transient basis and the Borrower will not rent any of the units for a period of less than thirty (30) consecutive days, and none of the dwelling units in the Project will at any time be leased or rented for use as a hotel, motel, dormitory, fraternity house, sorority house, rooming house, hospital, nursing home, sanitarium, rest home or trailer court or park. D. No part of the Project will at any time be owned or used by a cooperative housing corporation. Other than filing a condominium map and a final subdivision map on the Project and obtaining a Final Subdivision Public Report from the California Department of Real Estate, the Borrower shall not take any steps in connection with a conversion of the Project to condominium ownership during the Qualified Project Period. E. All of the dwelling units in the Project will be available for rental on a continuous basis to members of the general public and the Borrower will not give preference to any particular class or group in renting the dwelling units in the Project, except to the extent that dwelling units are required to be leased or rented to Lower- Income Tenants or to persons displaced by redevelopment projects of the Agency as required under the agreement between the Borrower and the Agency described in Section 5 hereof. F. The Project Site consists of a parcel or parcels that are contiguous (parcels are contiguous if their boundaries meet at one or more points) except for the interposition of a road, street or stream, and all of the Project Facilities and the Project comprise a single geographically and functionally integrated project for multifamily rental housing, as evidenced by the common ownership, management, accounting and operation of the Project. G. The Borrower will not sell dwelling units within the Project. H. No dwelling unit in the Project shall be occupied by the Borrower. Notwithstanding the foregoing, this subsection shall not be construed to prohibit occupancy of dwelling units by one or more resident managers or maintenance personnel any of whom may be the Borrower; provided that the number of such managers or maintenance personnel is not unreasonable given industry standards in the area for the number of units in the Project. I. The Borrower shall not discriminate on the basis of race. creed, color, sex, sexual orientation, source of income (e.g. AFDC, SS1 and rental ass:stance pursuant to Section 8 of the United States Housing Act of 1937), disability, age, national origin or marital status in the rental, lease, use or occupancy of the Project, or in connection with the employment or application for employment of persons for the operation and management of the Project. Section 4. Lower-Income Tenants. The Borrower hereby represents warrants and covenants, at all times during the Qualified Project Period, as follows: A. Throughout the Qualified Project Period (i) not less than twenty percent (20%) of the units in the Project shall be continuously occupied or held vacant and 6 available for occupancy by Lower-Income Tenants, and (ii) the rents for one-half of the Lower Income Units shall be affordable rents. The Borrower will designate such units and will make any revisions to such designations (which revisions the Borrower may make from time to time at its sole option, provided that the requirements hereof are met on a continuous basis) by delivery of an appropriate certificate to the Issuer and the Borrower shall advise the Issuer by delivery of a certificate in writing of the status of the occupancy of the Project on a quarterly basis for the term of this Regulatory Agreement. An annual summary of such quarterly certificates shall be prepared by the Borrower and filed with the United States Secretary of the Treasury pursuant to Section 142(d)(7) of the Code, with a copy to be filed by the Borrower with the Issuer. A unit occupied by a Lower-Income Tenant who at the commencement of the occupancy is a Lower-Income Tenant thereafter shall be treated as occupied by a Lower- Income Tenant, subject to the provisions of the next paragraph. Moreover, a unit previously occupied by a Lower-Income Tenant and then vacated shall be considered occupied by a Lower-Income Tenant until reoccupied, other than for a temporary period, at which time the character of the unit shall be redetermined. In no event shall such temporary period exceed thirty-one days. On or about each anniversary of the Issue Date, the Borrower shall recertify the income of the occupants of each Lower-Income Unit by obtaining a completed Certification of Tenant Eligibility in the form attached hereto as Exhibit B based upon the current income of each occupant of the unit. In the event the recertification demonstrates that such household's income exceeds seventy percent (70%) of the Median Income for the Area, such household will no longer qualify as Lower-Income Tenants if the Borrower rents any available unit of comparable or smaller size to anyone who is not a Lower-Income Tenant. In the event the recertification demonstrates that such household's income exceeds seventy percent (70%) of the Median Income for the Area, the Borrower covenants to rent the next available unit of comparable or smaller size to tenants who are Lower-Income Tenants so that at least twenty percent (20%) of the units in the Project remain occupied by Lower-Income Tenants. No tenant in the Project shall be denied continued occupancy in the Project because, after occupancy, such tenant's household income increases such that the income for such household will no longer qualify such household as Lower-Income Tenants. An "available" unit is one that is unoccupied by a tenant. The Lower-Income Units will be rented on a first-come, first served, basis. The Lower-Income Units will be intermingled with all other dwelling units and on all floors in the Project and shall be of a quality, and offer a range of sizes and number of bedrooms, comparable to those units which are available to other tenants. Tenants in the Lower- Income Units shall have equal access to and enjoyment of all common facilities of the Project. B. During the Qualified Project Period, the Borrower will rent'or lease the Lower- Income Units to Lower-Income Tenants and, if at any time the Borrower is unable to rent or lease the Lower-Income Units to Lower-Income Tenants, the Borrower will hold the unrented Lower-Income Units vacant pending rental or lease to Lower-Income Tenants. The Borrower shall not apply selection criteria to Lower-lncome Tenant applicants referred by the Issuer that are more burdensome than criteria applied to all other Lower-Income Tenants. 7 C. The Borrower will obtain and maintain on file for three calendar years Certifications of Tenant Eligibility from each Lower-Income Tenant substantially in the form attached hereto as Exhibit B (or in such other similar form as is acceptable to the Issuer), and will provide such additional information as may be required in the future by the State of California, the Issuer and by the Code or the Act, as the same may be amended from time to time. A copy of each such income certification obtained prior to initial occupancy shall be filed with the Issuer, prior to occupancy by the tenant whenever possible but in no event more than thirty days after initial occupancy by the tenant, and a copy of any other certification of income shall be attached to each monthly report filed with the Issuer pursuant to Section 4(E) below. The Borrower shall make a good faith effort to verify that the income provided by an applicant in an income certification is accurate by taking any of the following steps as a part of the verification process: (1) obtain a pay stub for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. D. The Borrower will maintain complete and accurate records pertaining to the Lower-Income Units and will permit any duly authorized representative of the Issuer or the Trustee during normal business hours to inspect the books and records of the Borrower pertaining to the incomes of and rents charged to Lower-Income Tenants residing in the Project. E. The Borrower will prepare and submit to the Issuer and the Trustee on or before the 15th day of each month, a "Certificate of Continuing Program Compliance" substantially in the form attached hereto as Exhibit C (or in such other form as is acceptable to the lssuer), executed by the Borrower stating (i) the percentage of the dwelling units in the Project which were occupied by Lower-Income Tenants (or held vacant and available for occupancy by Lower-Income Tenants as provided in Section 4(A) above) during the prior monthly period, (ii) that to the knowledge of the Borrower, no default has occurred under this Regulatory Agreement, the Loan Agreement or the Deed of Trust (or if such an event of default has occurred, specifying the nature thereof and the actions being taken to remedy the same), and (iii) that all fees due to the Trustee and the Issuer under the Loan Agreement and the Deed of Trust have been paid. Failure to prepare and submit such certificate shall constitute a default under this Regulatory Agreement which, if not cured by preparing and submitting such certificate within seven (7) calendar days after the date on which it should have been filed, will entitle the Trustee and the Issuer to pursue remedies under Section 14 hereof. F. The Borrower shall accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor. The Borrower shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants. G. Each lease pertaining to a Lower-Income Unit shall contain a provision to the effect that the Borrower has relied on the income certification and supporting information supplied by the Lower-Income Tenant in determining qualification for occupancy of the Lower-Income Unit, and that any material misstatement in such 8 (d) Before taking any action under Article VII hereof or this Section at the request or direction of the Bondholders, the Trustee may require that a satisfactory indemnity bond be furnished by the Bondholders, for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from its negligence or willful misconduct in connection with any action so taken; (e) Upon any application or request by the lssuer to the Trustee to take any action under any provision of this Indenture, the Issuer shall furnish to the Trustee a Certificate of the Issuer stating that all conditions precedent, if any, provided for in this Indenture relating to the proposed action have been complied with, and an Opinion of Counsel stating that in the opinion of such Counsel all such conditions precedent, if any, have been complied with, except that in the case of any such application or request as to which the furnishing of such documents is specifically required by any provision of this Indenture relating to such particular application or request, no additional certificate or opinion need be furnished; (D The Trustee may execute any of the trusts or powers hereunder or perform any duties hereunder or under the Regulatory Agreement, the Deed of Trust or the Loan Agreement either directly or through agents or attorneys; (g) Neither the Issuer nor the Borrower shall be deemed to be agents of the Trustee for any purpose, and the Trustee shall not be liable for any noncompliance of any of them in connection with their respective duties hereunder or in connection with the transactions contemplated hereby; (h) The Trustee shall be entitled to rely upon telephonic notice for all purposes whatsoever so long as the Trustee reasonably believes such telephonic notice has been given by a person authorized to give such notice; (i) The immunities extended to the Trustee also extend to its directors, officers, employees and agents; (j) Under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Bonds, it being the sole obligation of the Trustee to administer, for the benefit of the Bondholders, the various funds and accounts established hereunder and to perform the duties and obligations specified in this Indenture; and (k) No permissive power, right or remedy conferred upon the Trustee hereunder shall be construed to impose a duty to exercise such power, right or remedy. None of the provisions contained in this Indenture shah require the Trustee to expend or risk its own funds or otherwise incur individual financial liability in the performance of any of its duties or in the exercise of any of its rights or powers. Whether or not therein expressly so provided, every provision of this Indenture, the Loan Agreement, the Deed of Trust, the Regulatory Agreement or any other document relating to the conduct, powers or duties of, or affecting the liability of, or affording protection to, the Trustee shall be subject to the provisions of this Article VIII. ITEM 18 certification (whether or not intentional) will be cause for immediate termination of such lease. H. Upon timely receipt of documents to be provided to the Trustee under this Section 4, the Trustee shall be entitled, without further review, to assume compliance by the Borrower with this Section 4, unless otherwise specifically notified in writing of non- compliance. Section 5. Conflicts With Other Regulatory Agreement. This Regulatory Agreement shah not in any way supersede any other restrictions on the Project contained in the Regulatory Agreement Providing For Mfordable Housing By And Between The Redevelopment Agency Of The City Of Temecula And Coachella Valley Housing Coalition, and in the event of any conflict between the provisions hereof and of such other agreement the provisions which place the most restrictions (being the lowest rental rates and/or the lowest qualifying incomes of the tenants) on the Project and/or the Borrower shah prevail. Section 6. Tax-Exempt Status of the Bonds. The Borrower and the Issuer each hereby represents, warrants and agrees that: A. It will not knowingly take or permit, or omit to take or cause to be taken, as is appropriate, any action that would adversely affect either the exclusion from gross income under federal tax law or the exemption from California personal income taxation of the interest on the Bonds and, if it should take or permit, or omit to take or cause to be taken, any such action, it will take all lawful actions necessary to rescind or correct such actions or omissions promptly upon obtaining knowledge thereof; B. It will take such action or actions as may be necessary, in the written reasonable opinion of Bond Counsel filed with the Issuer, the Borrower and the Trustee, (i) to comply fully with all applicable rules, rulings, policies, procedures, regulations or other official statements promulgated, proposed or made by the Department of the Treasury or the Internal Revenue Service pertaining to obligations issued under Section 145 of the Code and (ii) to comply with any applicable requirements of the Act and such Code; and C. It will file of record such documents and take such other steps as are necessary, in the written opinion of Bond Counsel filed with the lssuer, the Borrower and the Trustee, in order to insure that the requirements and restrictions of this Regulatory Agreement will be binding upon all owners of the Project. The Borrower hereby covenants to reference this Regulatory Agreement in any documents transferring any interest (other than a leasehold interest in individual units) in the Project to another person to the end that such transferee has notice of, and is bound by, such restrictions, and to obtain the agreement from any transferee to abide by all requirements and restrictions of this Regulatory Agreement. Section 7. Agreement to Record; Consideration. The Borrower hereby represents, warrants and covenants that it will cause this Regulatory Agreement to be recorded in the real property records of the County Recorder of the County of Riverside, California, and in such other places as the Issuer or the Trustee may reasonably request. The Borrower shall pay all fees and charges incurred in connection with any such recording. The Issuer has issued the Bonds to obtain moneys to provide financing for the acquisition and rehabilitation by the Borrower of the Project. In consideration of the issuance of the Bonds by the lssuer, the Borrower has entered into this Regulatory Agreement and has agreed to restrict the uses to which this Project can be put for the term hereof. Section 8. Reliance. The Issuer, the Trustee and the Borrower hereby recognize and agree that the representations and covenants set forth herein may be relied upon by the Trustee, the Issuer, the Borrower and the owners of the Bonds. In performing their duties and obligations hereunder, the Issuer and the Trustee may rely upon statements and certfficates of the Borrower and Lower-Income Tenants, and upon audits of the books and records of the Borrower pertaining to occupancy and rental of the Project. In performing its duties hereunder, the Borrower may rely on the Certificates of Tenant Eligibility and any verifications in support thereof unless the Borrower has actual knowledge that such Certificates or verifications are inaccurate. In addition, the Issuer, the Trustee and the Borrower may consult with Bond Counsel, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Issuer, the Trustee or the Borrower hereunder in good faith and in conformity with such opinion. In determining whether any default or lack of compliance by the Borrower exists under this Regulatory Agreement, neither the Trustee nor the Issuer shall be required to conduct any investigation into or review of the operations or records of the Borrower and may rely solely on any notice or certificate delivered to the Trustee or the Issuer by the Borrower or the Issuer with respect to the occurrence or absence of a default. Section 9. Project Within the Boundaries of the City. The Borrower hereby represents and warrants that the Project is located entirely within the boundaries of the City. Section 10. Sale or Transfer of the Project. The Borrower hereby covenants and agrees not to sell, transfer or otherwise dispose of the Project or any portion thereof (other than for individual tenant use as contemplated hereunder), without obtaining the prior written consent of the Issuer and providing prior written notice to the Trustee. Such consent shall be conditioned upon (i) receipt by the Issuer of reasonable evidence satisfactory to the Issuer that the Borrower's purchaser or transferee has assumed in writing and in full, and is reasonably capable of performing and complying with, the Borrower's duties and obligations under this Regulatory Agreement, and the Loan Agreement, the Deed of Trust (including, but not limited to, the non-recourse obligations under Sections 16 and 23 hereof and Sections 4.03, 7.03, 9.02 and 9.03 of the Loan Agreement), (ii) receipt by the Issuer and the Trustee of an opinion of counsel of the transferee that the transferee has duly assumed the obligations of the Borrower under this Regulatory Agreement, the Loan Agreement and the Deed of Trust, and that such obligations and this Regulatory Agreement, the Loan Agreement and the Deed of Trust are legal, valid and binding obligations of the transferee, (ili) receipt by the Issuer and the Trustee of a certificate of a Borrower Representative to the effect that no default has occurred and is continuing under this Regulatory Agreement, the Deed of Trust or the Loan Agreement, and (iv) receipt by the Issuer and the Trustee of evidence that all fees due the Issuer and the Trustee under the Loan Agreement, the Deed of Trust and the Indenture are current. It is hereby expressly stipulated and agreed that any sale, transfer or other disposition of the Project in violation of this section shall be null, void and without effect, shall cause a reversion of title to the Borrower, and shall be ineffective to relieve the Borrower of its obligations under this Regulatory Agreement, the Loan Agreement and the Deed of Trust. Nothing contained in this Section shall affect any provision of the Deed of Trust or any other document or instrument between the Borrower and the Issuer or the Trustee, which requires the Borrower to obtain the consent of the Issuer, the Bondowners or the Trustee as a precondition to sale, transfer or other disposition of the Project or which gives the Issuer or the Trustee the right to accelerate the maturity of the Loan, or to take some other similar action with respect to the Loan upon the sale, transfer or other disposition of the Project. 10 Section 11. Term. This Regulatory Agreement shall become effective upon its execution and delivery. This Regulatory Agreement shall terminate upon the earher of (i) the termination of the restrictions as provided in Sections 3 and 4, or (ii) a termination pursuant to the following provisions of this Section 11, it being expressly understood and agreed that the provisions hereof are intended to survive the retirement of the Bonds and the Loan if the same are repaid in full on an earher date. The terms of this Regulatory Agreement to the contrary notwithstanding, this Regulatory Agreement, and all and several of the terms hereof (other than, with respect to the Borrower, Section 16 hereof), shall terminate and be of no further force and effect in the event of (i)(a) involuntary noncompliance with the provisions of this Regulatory Agreement caused by a foreclosure by the Trustee of the lien of a deed of trust on the Project, or delivery of a deed in lieu of foreclosure, pursuant to which the Trustee or a purchaser or transferee pursuant to such foreclosure shall take possession of the Project or (i)(b) involuntary noncompliance with the provisions of this Regulatory Agreement caused by fire, seizure, or requisition, or change in a Federal law or an action of a Federal agency after the date hereof which prevents the Issuer and the Trustee from enforcing the provisions hereof, or condemnation or similar event and (ii) the payment in full and retirement of the Bonds prior thereto or within a reasonable period thereafter; provided, however, that the preceding provisions of this sentence shah cease to apply and the restrictions contained herein shall be reinstated if, at any time subsequent to the termination of such provisions as the result of the foreclosure of the lien of a deed of trust or the delivery of a deed in lieu of foreclosure or a similar event, the Borrower or any "related person" (within the meaning of Section 147 of the Code) obtains an ownership interest in the Project for Federal income tax purposes. Upon the termination of all and several of the terms of this Regulatory Agreement, the parties hereto agree to execute, deliver and record appropriate instruments of release and discharge of the terms hereof; provided, however, that the execution and delivery of such instruments shall not be necessary or a prerequisite to the termination of this Regulatory Agreement in accordance with its terms. Section 12. Burden and Benefit. The Issuer and the Borrower hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the Project Site in that the Borrower's legal interest in the Project is rendered less valuable thereby. The Issuer and the Borrower hereby declare their understanding and intent that the covenants, reservations and restrictions set forth herein directly benefit the land (i) by enhancing and increasing the enjoyment and use of the Project by certain Lower-Income Tenants, and (ii) by ftLrthering the public purposes for which the Bonds were issued. Section 13. Uniformity; Common Plan. The covenants, reservations and restrictions hereof shall apply uniformly to the entire Project in order to establish and carry out a common plan for the use, development and improvement of the Project Site. Section 14. Enforcement. If the Borrower defaults in the performance or observance of any covenant, agreement or obligation of the Borrower set forth in this Regulatory Agreement and such default remains uncured for a period of thirty (30) days after notice thereof is given by the Issuer or the Trustee to the Borrower (seven (7) calendar days in the case of a default described in Section 4.E.), then the Issuer, or upon written direction of the Issuer, the Trustee on behalf of the Issuer, may take any one or more of the following steps: A. By mandamus or other suit, action or proceeding at law or in equity, require the Borrower to perform its obligations under this Regulatory Agreement, or enjoin any acts or things which may be unlawful or in violation of the rights of the Issuer or the Trustee hereunder. 11 B. Have access to, and inspect, examine and make copies of aH of the books and records of the Borrower pertaining to the Project. C. Take such other action at law or in equity as may appear necessary or desirable to enforce the obligations, covenants and agreements of the Borrower under this Regulatory Agreement. D. Subject to the terms of the Indenture and the Loan Agreement, require the Trustee to declare a default under the Loan Agreement, to accelerate the Loan, and to proceed to redeem the Bonds in accordance with the Indenture. In addition to the remedies set forth above, the Issuer shah also be entitled in connection with an Event of Default on the part of the Borrower with respect to any of the requirements of Section 4 hereof, to cause the Borrower to pay to the Issuer an amount equal to (a) all rent received by the Borrower with respect to the Lower-Income Units in excess of the maximum rent the Borrower is entitled to recover from Lower Income Tenants under Section 4(a) hereof and (b) all rent received by the Borrower with respect to the Lower-Income Units if and to the extent such units are knowingly or negligently rented to persons who do not qualify as Lower-Income Tenants. Additionally, in order to cause the Project to meet the requirements with respect to Lower Income Tenants set forth in Section 4 above, the Borrower hereby grants to the Issuer, as an additional remedy to those set forth above, in connection with an Event of Default on the part of the Borrower with respect to the requirements of Section 4 hereof which remains nncured for a period of thirty (30) days, the option, until the expiration of the time period specified in Section 4(a) above, to lease from time to time up to twenty percent of the units in the Project for a rental of $1.00 per unit per year for the purpose of subleasing such units to Lower-Income Tenants. Any rental paid under this sublease shah be paid to the Borrower after the Issuer has been reimbursed for any expenses incurred in connection with such sublease. Section 15. Estoppel Certificate. The Issuer and the Trustee agree, upon the request of the Borrower or its successor in interest, to promptly execute and deliver to the Borrower or its successor in interest or to any potential or actual purchaser, mortgagor or encumbrance of the Project, a written certificate stating, if the same be true, that the Issuer and the Trustee have no knowledge of any violation or default of the Borrower of any of its covenants hereunder, or if there are such violations or defaults, the nature of the same. Section 16. Indemnification. The Borrower hereby covenants and agrees that it shah indemnify and hold harmless the Issuer, its officers, officials, members, employees and agents (each, an "Issuer Indemnitee"), the Trustee and its respective officers, members, commissioners, directors, employees and agents from and against all claims, liabilities, obligations, damages, penalties, litigation, costs, charges and expenses (including without limitation reasonable attorneys, accounting, consulting, engineering, and other fees and expenses), imposed on, incurred by or asserted against any Issuer Indemnitee or the Trustee and arising from, resulting from, or in any way connected with or related to (i) any cause whatsoever in connection with the approval of tax-exempt financing for the Project or the making or administration of the Loan; (ii) any act or omission of the Borrower or any of its agents, servants, employees or licensees, in connection with the Loan or the Project; (iii) the operation, use, occupancy, maintenance, or ownership of the Project (iincluding compliance with laws, ordinances and rules and regulations of public authorities relating thereto); (iv) the Trustee's acceptance or administration of the trusts under and/or the Issuer's execution of the Indenture, the Loan Agreement or this Regulatory Agreement, or the exercise or performance by the Issuer of any powers or duties under the Indenture, the Loan Agreement or this Regulatory Agreement, or (v) 12 the issuance of any Bonds or any certifications or representations of the Borrower made in connection therewith and the carrying out of any of the transactions contemplated by the Bonds and this Regulatory Agreement; provided, however, that this provision shall not require the Borrower to indemnify any Issuer Indemnitee or the Trustee from any claims, costs, fees, expenses or liabilities arising from the willful misconduct of such Issuer lndemnitee or the willful misconduct or gross negligence of the Trustee, as applicable. The indemnity provided in this Section shall include within its scope, without limitation: any and all active or passive negligence on the part of any Issuer Inderrmitee (other than willful misconduct) or any claims of combined negligence on the part of any Issuer Indemnitee and Borrower, to the extent such Issuer Indemnitee is not prohibited by law from contracting for indemnification against such active, passive or combined negligent conduct; any claims for wrongful death; any vicarious liability imposed upon any Issuer Indemnitee; and any liability imposed by law on any Issuer Indemnitee on a strict liability theory or pursuant to any local, state or federal environmental statute, regulation or law; and the Borrower expressly acknowledges that the scope of its obligation to indemnify, hold harmless and defend the Issuer extends to and includes all loss, costs, damages, expenses, suits, judgments, actions and liabilities of whatsoever nature arising out of or related to the Issuer's obligations, liabilities and/or responsibilities with respect to the Americans with Disabilities Act of 1990, as amended, (the "ADA") insofar as they relate to the Project or arise out of the Issuer's issuance of the Bonds, including, but not 1Lrnited to, any claim that the Project is inaccessible to or that the Borrower discriminates against disabled individuals; it being expressly agreed by the Borrower that the issuance of the Bonds and/or the making of the Loan are not willful misconduct excusing the Borrower from its indemnification obligations with respect to the Issuer's potential ADA. It is the express intention of the parties that Borrower shall indemnify each Issuer Indemnitee against any and all such liability hereunder, and that the foregoing indemnification with respect to the Borrower shall survive the termination of this Agreement. The Borrower also shall pay and discharge and shall indemnify and hold harmless each Issuer Indemnitee and the Trustee from any taxes (including, without limitation, any ad valorem taxes and sales taxes), assessments, impositions and other charges in respect of the Project (not to include any income taxes applicable to the fees and expenses of the Trustee). In the event that any action or proceeding is brought against any Issuer Indemnitee or the Trustee with respect to which indemnity may be sought hereunder, the Borrower, upon written notice from the indemnified party, shah assume the investigation and defense thereof, including the employment of counsel selected by the indemnified party and the payment of all expenses related thereto. Each Issuer Indemnitee or the Trustee, as applicable, shall have the right to retain separate defense counsel at the sole cost and expense of Borrower, upon such indemnitee's reasonable determination that such separate counsel is necessary to provide such indemnified party with an adequate defense to any such action or proceeding. In addition thereto, the Borrower will pay upon demand all of the fees and expenses paid or incurred by any Issuer Indemnitee or the Trustee in enforcing the provisions hereof. Section 17. Amendments. Subject to the prior written consent of the owners of a majority in principal amount of the Bonds then Outstanding, this Regulatory Agreement may be amended only by a written instrument executed by the parties hereto or their successors in title, and duly recorded in the real property records of the County Recorder of the County of Riverside, California. Section 18. Notice. Any notice required to be given hereunder shall be deemed given when received by facsimile transmission, personal delivery, or overnight messenger delivery of three business days after deposit in the U.S. Mail, first class postage prepaid, at the addresses specified below, or at such other addresses as may be specified in writing by the parties hereto: 13 If to the Issuer: Redevelopment Agency of the City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attention: Finance Director Telephone: (909) 694-6430 If to the Borrower: The Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Plaza 1, Indio, CA 92201 Attention: Executive Director Telephone: (619) 347-3157 If to the Trustee: First Trust of California, National Association 550 South Hope Street, Suite 500 Los Angeles, CA 90071 Attention: Corporate Trust Administration Telephone: (213) 533-8770 Notice shah not be deemed to be defective with respect to the recipient thereof for any failure of notice to any other party. Section 19. Severability. If any provision of this Regulatory Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. Section 20. Multiple Counterparts. This Regulatory Agreement may be simultaneously executed in multiple counterparts, all of which shall constitute one and the same instrument, and each of which shall be deemed to be an original. Section 21. Limited Liability. All obligations of the Issuer incurred hereunder shall be limited obligations, payable solely and only from Bond proceeds and amounts derived by the lssuer under Sections 4.02(a), 7.02 and 8.01 of the Loan Agreement. The Issuer shall have no responsibility to monitor the Borrower's compliance with the terms of this Regulatory Agreement. Section 22. The Trustee. The Trustee shall act as specifically provided herein and in the Indenture. The Trustee shall act as the agent of and on behalf of the Issuer when instructed in writing to do so and any act required to be performed by the Issuer as herein provided shall be deemed taken if such act is performed by the Trustee. The Trustee is entering into this Regulatory Agreement solely in its capacity as Trustee under the Indenture and the duties, powers and liabilities of the Trustee in acting hereunder shall be subject to the provisions of the Indenture, including, without limitation, the provisions of Article VIII thereof. The Trustee shah have no responsibility to monitor the Borrower's compliance with the terms of this Regulatory Agreement. After the date on which no Bonds remain outstanding as provided in the Indenture, the Trustee shall have no duties or responsibilities under this Regulatory Agreement, and all references herein to the Trustee shah be deemed references to the Issuer. Section 23. Attorneys' Fees. In case any action at law or in equity, including an action for declaratory relief, is brought against the Borrower to enforce the provisions of this 14 Regulatory Agreement, the Borrower agrees to pay reasonable attorneys' fees and other reasonable expenses incurred by the Issuer or the Trustee in connection with such action. 15 IN WITNESS WHEREOF, the Issuer, the Trustee and the Borrower have executed this Regulatory Agreement by duly authorized representatives, all on the date first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA Executive Director THE COACHELLA VALLEY HOUSING COALITION, a California nonprofit public benefit corporation Its: FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, as Trustee 3oo5o-o1:J2o88 Its: 16 STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) SS COUNTY OF SAN FRANCISCO ) On before me, _, Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. STATE OF CALIFORNIA ) ) SS COUNTY OF SAN FRANCISCO ) On before me, , Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. EXHIBIT A LEGAL DESCRIPTION OF PROJECT SITE All that certain real property situated in the City of Temectfla, State of California, more particularly described as follows: Parcel one and Lots B, D and E of Parcel Map 8248 in the County of Riverside, State of California, as per map recorded in Book 32, pages 16, 17 and 18 of Parcels Maps, filed in the office of the County Recorder of said county. Except the northwesterly 10 feet of said Lot B as described in deed to Jose G. Nieto and Delphine D. Nieto, Husband and Wife, recorded October 18, 1982 as Instrument no. 179404, official records. Riverside County Assessor's Parcel Number: 922-061-021 A-1 EXHIBIT B CERTIFICATION OF TENANT ELIGIBILITY NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual Income in accordance with the method set forth in the Department of Housing and Urban Development ("HUD") Regulations (24 CFR 813). You should make certain that this form is at all times up to date with the HUD Regulations. Re: [Address of Apartment Building] I/We, the undersigned state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit: 1. 2. 3. 4. 5. Name of Members Relationship of the to Head of Social Security Place of Household Household Age Number Employment HEAD SPOUSE Income Computation 6. The total anticipated income, calculated in accordance with the provisions of this paragraph 6, of all persons over the age of 18 years listed above for the 12-month period beginning the date that I/we plan to move into a unit is $ Included in the total anticipated income listed above are: (a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets); (c) interest and dividends (including income from assets excluded below); (d) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other B-1 similar types of periodic receipts, including any lump sum payment for the delayed start of a periodic payment; (e) payments in lieu of earnings, such as unemployment and disability compensation, workmen's compensation and severance pay; (f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities; (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gifts received from persons not residing in the dwelling; (h) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (i) any earned income tax credit to the extent that it exceeds income tax liability. Excluded from such anticipated income are: (a) casual, sporadic or irregular gifts; (b) amounts which are specifically for or in reimbursement of medical expenses; (c) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen's compensation), capital gains and settlement for personal or property losses; (d) amounts of educational scholarships paid directly to the student or the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships or payments to veterans not used for the above purposes are to be included in income; (e) special pay to a household member who is away from home and exposed to hostile fire; (f) relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (g) foster child care payments; (h) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977; (i) payments to volunteers under the Domestic Volunteer Service Act of 1973; (j) payments received under the Alaska Native Claims Settlement Act; (k) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (1) payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program; B-2 (m) payments received from the Job Training Partnership Act; (n) income derived from the disposition of funds of the Grand River Band of Ottawa Indians; and (o) the first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims. 7. Do the persons whose income or contributions are included in item 6 above: (a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land) __ Yes __ No; or (b) have they disposed of any assets (other than at a foreclosure or bankruptcy sale) during the last two years at less than fair market value? __ Yes __ No. (c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? __ Yes __ No. (d) If the answer to (c) above is yes, state: (1) the amount of income expected to be derived from such assets in the 12- month period beginning on the date of initial occupancy in the unit that you propose to rent: $ , and (2) the amount of such income, if any, that was included in item 6 above: students*? (a) Are all of the individuals who propose to reside in the unit full-time Yes No. A full-time student is an individual enrolled as a full-time student during each of 5 calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. (b) If the answer to 8(a) is yes, is at least 1 of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? Yes No. 9. Neither myself nor any other occupant of the unit I/we propose to rent is the owner of the rental housing project in which the unit is located (hereinafter the "Borrower"), has any family relationship to the Borrower; or owns directly or indirectly any interest in the Borrower. For purposes of this paragraph, indirect ownership by an individual shall mean ownership by a family member, ownership by a corporation, partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation, partnership, estate or trustee held by the individual or a family member; and ownership, direct or indirect, by a partner of the individual. B-3 10. This certificate is made with the knowledge that it will be relied upon by the Owner to determine maximum income for eligibility to occupy the unit; and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary. 11. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year. 12. I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Borrower to lease the unit and will entitle the Borrower to prevent or terminate my/our occupancy of the unit by institution of an action for ejection or other appropriate proceedings. I/we declare under penalty of penury that the foregoing is true and correct. Executed this __ day of in the City of , California. Applicant Applicant [Signature of all persons over the age of 18 years listed in number 2 above required] FOR COMPLETION BY APARTMENT OWNER ONLY: 1. calculation of eligible income: Enter amount entered for entire household in 6 above: $ (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(1), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($ ); (2) Multiply the amount entered in 7(d)(1) times the current passbook savings rate to determine what the total annual earnings on the amount in 7(d)(l) would be if invested in passbook savings ($ .), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($ ); (3) Enter at right the greater of the amount calculated under (1) or (2) above: $ ; c. TOTAL ELIGIBLE INCOME Line 1 .a plus line 1.b(3)): $. __ 2. The amount entered in 1 .c: Qualifies the applicant(s) as a Lower-Income Tenant(s). Does not qualify the applicant(s) as a Lower-Income Tenant(s) 3. Number of apartment unit assigned: __ Bedroom Size: Rent: $ 4. This apartment unit [was/was not] last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income as certified in the above manner upon their initial occupancy of the apartment unit qualified them as Lower-Income Tenants. 5. Method used to verify applicant(s) income: Employer income verification. Copies of tax returns. Other ( ) Manager B-5 INCOME VERIFICATION (for employed persons) The undersigned employee has applied for a rental unit located in a project financed under the Redevelopment Agency of the City of Temecula Multifamily Housing Revenue Bond Program for persons of low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employee's current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis. Annual wages Overtime Bonuses Commissions Total current income I hereby certify that the statements above are true and complete to the best of my knowledge. Signature Date Title I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of an apartment located in their project which has been financed under the Redevelopment Agency of the City of Temecula Multifamily Revenue Bond Program. Signature Date Please send to: INCOME VERIFICATION (for sell-employed persons) I hereby attach copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge. Signature Date B-7 EXHIBIT C CERTIHCATE OF CONTINUING PROGRAM COMPLIANCE (To be filed on or prior to the 15th day of each month). Witnesseth that on this __ day of , 19w, the undersigned, having borrowed certain funds through the Redevelopment Agency of the City of Temecula for the purpose of financing the acquisition and rehabilitation of a multifamily housing project, does hereby certify that such multifamily housing project is in continuing compliance with the Regulatory Agreement and Declaration of Restrictive Covenants executed by the undersigned and recorded in the records of the County of Riverside, California, and that to the knowledge of the undersigned no default exists under said Regulatory Agreement or the Loan Agreement or the Deed of Trust (as such terms are defined therein), and all fees owing to the Issuer and the Trustee under the Loan Agreement and Deed of Trust referenced therein have been paid. Specifically, it hereby is confirmed that each Lower-Income Tenant currently residing in a unit in such housing project has completed a Certificate of Tenant Eligibility and Income Verification in the form approved by the Redevelopment Agency of the City of Temecula and that since commencement of the Qualified Project Period at least 20% of the occupied units in the Project have been rented to (or are vacant and last occupied by) Lower-Income Tenants, with one-half of such units rented at Affordable Rents (each of the foregoing capitalized terms having the meaning assigned in said Regulatory Agreement). As of the date of this Certificate, the following percentages of completed residential units in the Project (i) are occupied by Lower-Income Tenants and/or occupied by Lower- Income Tenants of Affordable Rents (as such terms are defined in the Regulatory Agreement) or (ii) are currently vacant and being held available for such occupancy and have been so held continuously since the date a Lower-Income Tenant vacated such unit; as indicated: Occupied by Lower-Income Tenants: __%; Unit Nos. Occupied by Lower-Income Tenants, at Affordable Rents: __%; Unit Nos. Held vacant for occupancy continuously since last occupied by Lower-Income Tenant: %; Unit Nos. Vacant Units: ~%; Unit Nos. THE COACHELLA VALLEY HOUSING COALITION Its: C-I SUPPLEMENTAL AGREEMENT Dated as of March 1, 1996 AMONG THE COACHELLA VALLEY HOUSING COALITION BORROWER BANK OF AMERICA, FSB BOND HOLDER REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ISSUER FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIAT/ON AS TRUSTEE TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ........................ 2 1.1 Defined Terms ...................................... 2 "Advance" . ................................................. 2 "BankruI~tcV Code" . ........................................... 2 "Bank Oualified" . ............................................. 2 "Bond Holder's Consultant" . ..................................... 2 "Bond Purchase Fee" . .......................................... 2 "Bond Regulatorv Agreement" . ................................... 2 "City Regulatorv Agreement" . .................................... 3 "Closing" . .................................................. 3 "Code" . .................................................... 3 "DSCR" , ................................................... 3 "Deed of Trust" . .............................................. 3 "Default Rate" . ............................................... 3 "Event of Default" . ............................................ 3 "Financing Statements" . ........................................ 3 "Governmental Authority" . ...................................... 3 "Gross Revenues" ............................................. 3 "Hazardous Substance" . ......................................... 3 "Im!oositions" . ............................................... 4 "Incivient Default" . ............................................ 4 "Interest Rate" . ............................................... 4 "Investment Maturity Date" . ..................................... 4 "Lease" . ................................................... 4 "Loan Documents" . ............................................ 4 "Loan Month" . ............................................... 4 "Net Cash Row" . ............................................. 4 "Net Operating Income" . ........................................ 4 "Operating Exl~enses" . .......................................... 5 "Permitted Encumbrances" . ...................................... 5 "Proceeds" . ................................................. 5 "Qualified Investment" . ......................................... 5 "Regulatorv Agreements" . ....................................... 5 "Reauirements" . .............................................. 5 "Reserve Account". ............................................ 5 "Segregated Account" . ......................................... 5 "Subordination Agreements" . ..................................... 6 "Title Company" . ............................................. 6 003063k~UppAG~FI'.3 03/19~96 i "Title Policy" . ............................................... 6 ARTICLE 2 BORROWER'S REPRESENTATIONS, WARRANTIES AND COVENANTS .. 2.1 Borrower's Representations ............................. B. C. D. E. F. G. Accuracy of Recitals ....................... Existence and Ownership of Borrower .......... Authority and Enfomeabilitv ................. Maintenance of Existence ................... No Default ............................. Compliance with Law ...................... Permits ................................ I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. Title .................................. Comnlete Disclosure ....................... Brokerage Commissions .................... Condemnation ........................... .Access ................................ Tax Division ............................ Borrower Not a "Foreign Person" . ............. ERISA ................................ Financial Condition ........................ Borrower's EOuitv ........................ Bankruptcy ............................. Low Income Housin~ Restrictions ............. No Arbitra~e ............................ Tax Exemot Status ........................ 6 6 6 6 6 6 7 7 7 7 7 8 8 8 8 8 8 8 8 9 9 9 9 9 $150,000,000 Limit ........................ 10 ARTICLE 3 3.1 3.2 GENERAL CONDITIONS OF LOAN ................ 10 Loan Documents .................................... 10 Additional Reauirements .............................. 10 B. C. D. E. F. G. H. I. Title Policy ............................. 10 Subordination A~reements ................... 10 Re~ulatorv A~reements ..................... 10 Reserve Account ......................... 11 ProOertv Conditions Survey .................. 11 Financial Proiection ....................... 11 Opinions ............................... 11 Insurance ............................... 11 Appraisal ............................... 11 003063'.SUPPAGM'r.3 K. L. M. N. O. P. Environmental Assessment .................. 11 Licenses Permits and ADnrovals ............... 11 A~reements ............................. 11 Ol~eratin~ and Financial Statements ............ 11 Bond Purchase Fee ........................ 11 Other ExOense ........................... 11 Certificates of Issuer and Borrower ............. 12 Other Items ............................. 12 ARTICLE 4 FURTHER COVENANTS OF BORROWER .............. 12 4.1 Borrower's Covenants ................................. 12 A. Comoliance with Law ...................... 12 B. Conditional Sales Contracts; Removal of Fixtures and EOuiDment ..................................... 12 C. Site Visits .............................. 12 D. Insurance ............................... 13 E. Preservation of Rights ...................... 13 F. Maintenance and Repair .................... 13 G. Payment of Expenses ...................... 14 H. Financial and Other Information ............... 14 I. Notices ................................ 14 J. Indemnity .............................. 15 K. Performance of Acts ....................... 15 L. Tax Receipts ............................ 15 M. Notice of Channe ......................... 15 N. Negative Covenants ....................... 16 O. Performance of A~reements .................. 16 P. KeeDin~ Third Party Informed ................ 16 Q. Application of Gross Revenues; Distributions ..... 16 R. ODeratin~ and Replacement Reserve Account ..... 17 S. Funds Deposited with Bond Holder ............ 19 T. Appraisal ............................... 20 U. Event of Taxability ........................ 20 V. Redemption of Bonds and Other Payments ....... 22 W. No Hedge Bonds ......................... 22 4.2 Use or Leasin~ of the Prooerty .......................... 22 A. 22 B. 22 C. 23 D. 23 E. 23 F. 24 Use of the Property ........................ Leasing ................................ Delivery of Leasin~ Information and Documents ... Purpose and Effect of Lease Approval .......... Landlord's Obligations ..................... Income from Property ...................... 003063~UPPAGMT.3 ARTICLE 5 HAZARDOUS SUBSTANCES ................... 24 5.1 Revresentation and Warranty Regardin~ Hazardous Substances ... 24 5.2 Comnliance Re~arding Hazardous Substances ................ 24 5.3 Notices Regarding Hazardous Substances ................... 24 5.4 Site Visits, Observations and Testing ...................... 24 5.5 Remedial Work ..................................... 26 5.6 Secured Obligation .................................. 26 5.7 Indemnity Re~ardin~ Hazardous Substances ................. 27 5.8 Defense of Indemnified Pardes .......................... 27 5.9 Remedies Upon Default ............................... 28 6.1 7.1 7.2 ARTICLE 6 AGREEMENT TO PURCHASE BONDS ............... 29 Agreement to Purchase Bonds .......................... 29 ARTICLE 7 DEFAULT AND REMEDIES ................... 29 Events of Default ................................... 29 Remedies ......................................... 30 ARTICLE 8 REFERENCE AND ARBITRATION ................ 31 8.1 Judicial Reference ................................... 31 8.2 Mandatory Arbitration ................................ 31 8.3 Real Property Collateral ............................... 32 8.4 Provisional Remedies, Self-Helo and Foreclosure ............. 32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 ARTICLE 9 MISCELLANEOUS ...................... 32 No Waiver; Consents ................................. 32 No Third Parties Benefitted ............................ 32 Notices .......................................... 32 Indemnity Regardin~ Construction and Other Risks ............ 32 Attorneys' Fees ..................................... 33 Heirs, Successors and Assigns .......................... 33 Intervretation ...................................... 33 Bond Holder's Actions ............................... 33 Miscellaneous .............. ........................ 34 003063'.A~UppAGMT.3 03/19/96 iV 9.10 Integration and Relation to Loan Commitment ............... 34 9.11 Actions .......................................... 34 9.12 Publicity ......................................... 34 9.13 Relafionshit~s with Other Bond Holder Customers ............. 34 9.14 Loan Commission ................................... 34 9.15 Termination of A~reement ............................. 35 9.16 Role of Trustee ..................................... 35 9.17 Effect of this A~reement .............................. 35 Exhibit A - Legal Description Exhibit B - Permitted Encumbrances Exhibit C - Summary Opinions of Counsel 003063~UPPAGMT.3 03/19/96 V THIS SUPPLEMENTAL AGREEMENT (this "Agreement"), dated as of March 1, 1996, is among THE COACHELLA VALLEY HOUSING COALITION, a California non-profit public benefit corporation, with an office and principal place of business at 45-701 Monroe Street, Suite G, Plaza 1, Indio, CA 92201 ("Borrower"), the REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA, a public body, corporate and politic, duly organized and existing under the laws of the State of California having an office at 43174 Business Park Drive, Temecula, CA 92590 Clssuer"), BANK OF AMERICA, FSB, a Federal Savings Bank having an office at 11060 White Rock Road, Suite 150, Rancho Cordova, CA 95670 ("Bond Holder"), and FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, a national banking association, not personally but as Trustee of the Bonds under the Indenture, as said terms are defined below. having an address of 550 South Hope Street, Suite 500, Los Angeles, CA 90071 ("Trustee"). REC1TALS A. Borrower is the owner of a parcel of land containing approximately 10.6 acres ("Land") legally described in Exhibit A, together with 150 units of multi-family rental housing in 2 story buildings, with related facilities known as Rancho West Apartments, including pool, spa, gazebo, parking and all other improvements located thereon ("Improvements"), and together with all furniture, fixtures, equipment and other personal property now or hereafter used in the management and operation of the apartment complex ("Personal Property"). The Land and Improvements am collectively called the "Premises". The Premises and the Personal Property are collectively referred to as the "Property". B. Issuer and Trustee entered into an Indenture of Trust dated as of March I, 1996 (as it may be amended or modified, the "Indenture"), with respect to Two Million Four Hundred One Thousand Dollars ($2,401,000) of Multifamily Housing Revenue Bonds 1996 Issue A (Rancho West Apartments) issued by Issuer ("Bonds"). C. Borrower, Issuer and Trustee entered into a Loan Agreement dated as of March 1, 1996 (as it may be amended or modified, the "Loan Agreement"), pursuant to which, among other things, Issuer loaned to Borrower the proceeds received from the issuance and sale of the Bonds (the D. Borrower executed a Promissory Note dated March 28, 1996, in the original principal amount of $ , payable to the order of Issuer ("Note") evidencing the Loan. E. Borrower executed a Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing, dated as of March 1, 1996 ("Deed of Trust"), in favor of Equitable Deed Company, as trustee, for the benefit of Trustee, as beneficiary, to secure the payment and performance by Borrower of its obligations under the Note, this Agreement and the Loan Agreement. F. Issuer and Borrower entered into a Regulatory Agreement Providing for Affordable Housing, dated as of , 1996 ("City Regulatory Agreement"). The County of Riverside ("County") is providing Borrower with not less than One Hundred Fifty Thousand Dollars ($150,000) for the Property through the County's use of HOME Program loan funds, and, in connection with this financing, Borrower is entering into a sub-recipient agreement ("County Regulatery Agreement"). The Property is being obtained through Issuer, for the benefit of Borrower, from the Resolution Trust Corporation CRTC"), pursuant to which the Property will be subject to a Land Use Restriction Agreement CRTC Regulatory Agreement"). Issuer, County and RTC will each subordinate the lien of their respective Regulatory Agreements to the lien of the Deed of Trust in accordance with the terms and provisions of a subordination agreement or provisions, in form and substance satisfactory to Bond Holder. G. Bond Holder requires as a condition to its purchase of the Bonds that the Loan Agreement and other Loan Documents be modified as provided in this Agreement for the benefit of Bond Holder. NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions and agreements contained herein, Borrower, Trustee, Issuer and Bond Holder agree as follows: ARTICLE 1 1.1 Agreement. DEFINITIONS Defined Terms. In this Agreement, the following terms have the following meanings: "Advance" -- an advance by Bond Holder to Borrower in accordance with this "Bankruvtcv Code" -- The United States Bankruptcy Code and any similar state or federal law now or hereafter in effect relating to bankruptcy, reorganization or insolvency or the adjustment of debts. "Bank Oualified" -- the Bonds are "bank qualified" tax-exempt obligations under Section 265 of the Code. "Bond Holder's Consultant" -- the architect or engineer retained by Bond Holder to inspect the Improvements prior to Closing on behalf of Bond Holder; in the event all or a portion of such functions are performed by Bond Holder, references in this Agreement to Bond Holder's Consultant will be deemed to be references to Bond Holder. Bonds. "Bond Purchase Fee" -- an amount equal to one and a half percent (1.5%) of the "Bond Re~ulatorv A~reement" -- the Regulatory Agreement and Declaration of Restrictive Covenants, dated March 1, 1996, entered into by and among Issuer, Trustee and Borrower. 003063xSUppAGMT.3 03/19/96 2 "City Re~ulatorv Agreement" -- the Regulatory Agreement Providing for Affordable Housing by and between Issuer and Borrower, dated as of , 1996. "Closing" -- the issuance of the Bonds and delivery of the Bonds to Bond Holder and payment by Bond Holder of the purchase price thereof to Trustee. "Code" -- the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. "DSCR" -- the debt service coverage ratio, as determined by Bond Holder's appraisal at the Closing, by calculating the ratio of (x) the Net Operating Income (excluding from Operating Expenses, any and all fees to Trustee, Issuer and Borrower) from the Property, to (y) the sum of the monthly payments of principal and interest which are due and payable under the Note. "Deed of Trust" -- the Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing, dated as of the date hereof, by Borrower as trustor, Equitable Deed Company as trustee, and Trustee as beneficiary. "Default Rate" -- the Initial Rate or Reset Rate, as the case may be, plus five percent (5%). "Event of Default" -- the occurrence of any one or more of the events set forth in Section 7.1. "Financin~ Statements" -- the UCC-1 Financing Statements naming Borrower, as debtor, and Trustee and/or Bond Holder, as secured party, and filed with the office of the Secretary of the State of California and the County of Riverside in connection with the Deed of Trust and any separate security instrument required hereunder. "Governmental Authority" -- the United States of America, the state in which the Property is located, the state under the laws of which Borrower is organized, any state in which (or to residents of which) Borrower (or anyone on behalf of Borrower) has offered or offers to sell or lease any portion of the Property or Improvements, any political subdivision of any of them, and any court, agency, department, commission, board, bureau or instrumentality of any of them. "Gross Revenues" -- all rents, revenues and other payments received by or for the benefit of Borrower in cash or current funds or other consideration from any source whatsoever in connection with its ownership, operation and management of the Property, including all payments received by Borrower from all tenants or other occupants of the Property other than security deposits until such time as Borrower is enti~ed to retain such security deposit. "Hazardous Substance" -- means and includes any substance, material or waste, including asbestos, petroleum and petroleum products (including crude oil), that is or becomes designated, classified or regulated as "toxic" or "hazardous" or a "pollutant," or that is or becomes 003063~LrPPAGM'[3 03/19/9~ 3 similarly designated, classified or regulated, under any federal, state or local law, regulation or ordinance. "Imt>ositions" -- all taxes, levies, charges and assessments imposed by any public or quasi-public authority or utility company upon or assessed against the Promises or any portion thereof (including the income derived from the Property), any of which might, if unpaid, result in a lien on the Property or any interost in it, or that may cause any decrease in the value of the Property or any part of it. "Incil~ient Default" -- the existence of any condition or state of facts which with the giving of notice by Trustee or Bond Holder or the passage of time, or both, would constitute an Event of Default. "Interest Rate" -- the Initial Rate or Reset Rate, as defined in the Indenturo, then in effect. "Investment Maturity Date" -- April 1, 2016. "Lease" -- any lease or other rontal or occupancy agroement with respect to the Properly or any portion theroof. "Loan" -- the loan evidenced by the Note and the Loan Agroement. "Loan Documents" -- this Agreement, the Note, the Deed of Trust, the Loan Agreement, the Financing Statements, Subordination Agreements and such other documents and agreements as Bond Holder may requiro in connection with the Loan. "Loan Month" -- any full calendar month during the term of this Agreement with the first Loan Month being April, 1996. The first Loan Month will be deemed to include the partial month commencing on the date of this Note. "Net Cash Flow" -- for each Loan Month will mean Net Operating Income roduced by all monthly payments of principal and interost under the Note and all other payments under the Note and the other Loan Documents actually paid by Borrower and received by Trustee during such Loan Month. "Net Operating Income" -- for each Loan Month will be calculated by Borrower, subject to approval by Bond Holder, on an accrual basis, based upon Bond Holder's review of Borrower's monthly financial statements provided to Bond Holder pursuant to Section 4. 1.H, together with such other information as Bond Holder may roasonably request, and will mean the difference between: (1) the Gross Revenues for said Loan Month; and 003063XA'UppAGMT.3 03/19/96 (2) all the Operating Expenses for said Loan Month. "Ooeratin~ Expenses" -- the reasonably necessary and customary costs and expenses incurred and actually paid by Borrower in connection with its ownership, operation and management of the Property, specifically including in Operating Expenses, annual fees paid to Trustee (which may be payable on a monthly basis), annual payment of .125% of the principal amount of the Bonds then outstanding to Issuer for fees, Borrower's fees of Twenty-Five Thousand Dollars ($25,000) annually, all required payments made by Borrower into the Reserve Account and any other reserve required by Bond Holder hereunder; specifically excluding from Operating Expenses, however (w) all insurance premiums for earthquake insurance, (x) all capital expenditures incurred by Borrower, (y) principal, interest and all other payments made under the Loan Agreement and Loan Documents and (z) depreciation and all other non-cash expenses of the Property. For purposes of calculating DSCR, Bond Holder may exclude Operating Expenses which were budgeted for the applicable Loan Month(s) but were either not incurred or not paid. Operating Expenses which are paid less frequently than monthly and which are allocable evenly to each Loan Month may be prorated to reflect such allocation. "Permitted Encumbrances" -- the liens, claims, assessments, encumbrances and rights of others encumbering title to the Premises and the Personal Property set forth on Exhibit B. "Proceeds" -- all proceeds, judgments, claims, compensation, awards of damages and settlements with respect to the Property as a result of or in lieu of any condemnation or taking of th; Property or any portion thereof by eminent domain or any casualty loss or damage to any of the Property or any portion thereof. "Oualified Invesunent" -- any public tax exempt money market fund that does not include investments subject to the alternative minimum tax, or other investments with a yield or rate not in excess of the lowest yield or rate on the Bonds, in either case approved in writing by Bond Holder. Neither Trustee nor Bond Holder will be liable or responsible for any Bond becoming an "arbitrage bond" within the meaning of the Code as a result of any investment it makes in accordance with this definition. "Re~ulatorv A~reements" -- the City Regulatory Agreement, County Regulatory Agreement and RTC Regulatory Agreement, collectively, as they may be amended from time to time. "ReOuirements" -- has the meaning given in Section 4.1 .A. "Reserve Account" -- the operating and replacement reserve funds, in a minimum of One-Hundred Ninety-Three Thousand Eight Hundred Dollars ($193,800) at Closing, thereafter a minimum amount to be deposited annually for the first four (4) years by Borrower to Bond Holder pursuant to the terms and conditions of Section 4. 1.R. "Segregated Account" -- a segregated account established by Bond Holder for the purpose of holding certain funds as described in this Agreement. 003063XSIJPPAGMT.3 03/19/96 5 "Subordination Agreements" -- the agreements and provisions that subordinate the liens Of the Regulatory Agreements to the lien of the Deed of Trust, in form and substance satisfactory to Bond Holder and the Tifie Company. "Title Company" -- Commonwealth Land Title Company. "Title Policy" -- a mortgagee's policy of rifle insurance in favor of Trustee and Bond Holder, as their interests may appear, issued on the 1970 ALTA form by the Title Company in the aggregate face amount of $ , together with such reinsurance and direct access agreements as Bond Holder may request, guaranteeing as of the date of the Closing, the Deed of Trust to be a valid first and prior lien on Borrower's fee simple interest in the Premises (including any easements appurtenant thereto) subject only to the Permitted Encumbrances. The Title Policy will contain such endorsements as Bond Holder may reasonably require. 2.1 follows: ARTICLE 2 BORROWER'S REPRESENTATIONS, WARRANTIES AND COVENANTS Borrower's Representations. Borrower hereby represents, covenants and warrants as correct. A. Accuracy of Recitals. Each of the recitals to this Agreement is true and B. Existence and Ownership of Borrower. Borrower is a nonprofit public benefit corporation, duly formed, validly existing and in good standing under the laws of the State of California. C. Authority and EnfomeabilitV. Borrower has full right, power and authority to execute, deliver and carry out the terms and provisions of this Agreement and the other Loan Documents and every other document and instrument to be executed and delivered by Borrower pursuant to this Agreement. The person executing and delivering this Agreement and the Loan Documents on behalf of Borrower is duly authorized to so act on behalf of Borrower. This Agreement, each other Loan Document and every other document and instrument to be executed and delivered by Borrower, when executed and delivered will constitute the duly authorized, valid and legally binding obligation of Borrower, enfomeable in accordance with their respective terms, subject only to applicable bankruptcy, reorganization, moratorium and similar laws affecting the enforceability of creditors' rights generally. D. Maintenance of Existence. Borrower will do all things necessary to preserve and keep in full force and effect its existence and all franchises, licenses, authorizations, registrations, permits and approvals under the laws of the State of its formation and the laws of any State in which it transacts business and will comply with all regulations, rules, ordinances, statutes, orders and 003063',SUppAGMT.3 03/19/96 6 any untrue statement of material fact or omits to state a fact necessary to make any statements made heroin not misleading. J. Brokerage Commissions. No brokerage fees or commissions are payable in connection with the Loan. K. Condemnation. Borrower has not received any notice from any governmental or quasi-governmental body or agency or from any person or entity with respect to (and Borrower does not know of) any actual or threatened taking of the Premises, or any portion thereof, for any public or quasi-public purpose or of any moratorium which may affect the use, operation of the Property. L. Access. The Property has access to and full utilization of completed public roads necessary for access to and full utilization of the Property for its intended purposes. M. Tax Division. A tax division has been effected with respect to the Premises so that it is taxed for ad valomm taxation without regard to or inclusion of any other property. No subdivision or other approval is necessary with respect to the Premises in order for Borrower to mortgage, convey and otherwise deal with the Premises as a separate lot or parcel. N. Borrower Not a "Foreign Person". Borrower is not a "foreign person" within the meaning of Section 1445(1)(3) of the Internal Revenue Code of 1986, as mended from time to time. O. ERISA. Borrower is not a party to any plan defined and regulated under the Employee Retirement Income Security Act of 1974, as mended CERISA") or Section 4975 of the Code. None of the assets of Borrower are "plan assets" as defined in 29 C.F.R. §2509.75-2 or §2510.3-101. P. Financial Condition. All financial information which has been and will be delivered to Bond Holder, including all information relating to the financial condition of Borrower, and the Property, does and will fairly and accurately rapresent the financial condition being reported on. All such information was and will be prepared in accordance with generally accepted accounting principles consistently applied, unless otherwise noted. As of the date hereof, there has been no material adverse change in any financial condition reported at any time to Bond Holder. Q. Borrower's E0uitv. Borrower has received the following: (a) Three Hundred Fifty-Three Thousand Fifty Dollars ($353,050) from Issuer, as follows: One Hundred Twelve Thousand Seven Hundred Fifty Dollars ($112,750) from Issuer through RTC public service fees; One Hundred Fifty Thousand Dollars ($150,000) from the County through the HOME Program; Ninety Thousand Three Hundred Dollars ($90,300) from Issuer housing set aside funds; and (b) the commitment of Issuer for a period of three (3) years following the Closing to provide additional financial assistance in the amount of the difference between the net operating income and Operating Expenses, in the amount of up to One Hundred Thirty Thousand Dollars ($130,000) annually. (~03063'SUPPAGMT.S 03/19/96 8 R. Bankruptcy. No petition in bankruptcy, whether voluntary or involuntary, or assignment for the benefit of creditors or any other action involving debtors' and creditors' rights has been filed under the laws of the United States of America or any state thereof, or threatened, against Borrower or against any other entity in which Borrower is a principal or general partner. S. Leases. Except for residential leases m individuals and families, there are no leases affecting the Property. Borrower has not executed any prior assignment of the Leases, nor has it performed any act or executed any other instrument which might prevent Bond Holder from operating under any of the terms and conditions contained in the Deed of Trust or which would limit Bond Holder in such operation; and Borrower further covenants and warrants to Bond Holder that the Leases are in full force and effect, and that, except as othenvise disclosed to Bond Holder in writing, there are no defaults now existing under the Leases with respect to which Borrower has notified the tenant under the Leases. T. Low Income Housing Restrictions. Borrower has furnished Bond Holder with a true and complete copy of the City Regulatory Agreement, the RTC Regulatory Agreement and the County Regulatory Agreement. Borrower has received no notice of default or violation under any Regulatory Agreement or any prior regulatory agreement affecting the Property that has not been previously corrected. The Premises is in full compliance with the Regulatory Agreements and any prior regulatory agreement. Each of the Regulatory Agreements has been effectively subordinated to the lien of the Deed of Trust pursuant to the Subordination Agreements. U. No Arbitrage. The Bonds are not and will not be part of a transaction or seri of transactions that attempts to circumvent the arbitrage provisions of Section 148 of the Code, or any successor thereto, and the applicable regulations promulgated thereunder, (i) enabling the Issuer or any related person to exploit the difference between tax-exempt and taxable interest rates to gain a material financial advantage and (ii) increasing the burden on the market for tax-exempt obligations in any manner, including without limitation, by selling Bonds that would not otherwise be sold or selling more Bonds, or issuing them sooner, or allowing them to remain outstanding longer, than would otherwise be necessmy. V. Tax Exempt Status. Borrower is an organization described in Section 501(c)(3) of the Code and has received notice from the Internal Revenue Service granting the Borrower tax- exempt status under Section 501(a) of the Code. Borrower is in compliance with the terms, conditions and limitations in said notice, and the facts and circumstances that form the basis of such notice, as represented to the Internal Revenue Service, continue to substantially exist. Borrower is exempt from federal income tax under Section 501(a) of the Code except as otherwise provided in Section 501(b) of the Code, and Borrower at all times will maintain its status as an organization described in Section 501(c)(3) of the Code and its exemption from federal income tax under Section 501(a) of the Code or corresponding provisions of future federal income tax laws. The facts and circumstances which form the basis of Borrower's status as an organization described in Section 501(c)(3) of the Code as represented to the Internal Revenue Service continue substantially to exist. No proceedings are pending or threatened in any way contesting or affecting Borrower's status as an organization described in Section 501(c)(3) of the Code or which would subject any income of Borrower to federal income mation to such extent as would result in loss of exclusion from gross income of interest on the Bonds for federal income tax purposes under Section 103 of the Code. W. $150,000,000 Limit. Neither Borrower nor any person managed or controlled in common with Borrower has or w~l have outstanding m-exempt non-hospital obligations allocated to it under Section 145(b)(4) of the Code which, together with the Bonds, aggregate to more than $150,000,000 within the three-year period beginning on the later of the date hereof or the date the facilities financed with proceeds of the Bonds are placed in service. Borrower will not allow any organization described in Section 501(c)(3) of the Code to use the Project (as such term is defined in the Indenture) or any portion thereof if such use would cause the amount of tax-exempt non-hospital obligations allocated to such organization under Section 145(b)(4) of the Code to exceed $150,000,000. 2.2 Representations Remade. Borrower warrants and covenants that the foregoing representations and warranties will be true and will be deemed remade as of the date of the Closing. All representations and warranties made herein or in any other Loan Document or in any certificate or other document delivered to Bond Holder by or on behalf of Borrower pursuant to or in connection with this Agreement or any other Loan Document will be deemed to have been relied upon by Bond Holder, notwithstanding any investigation heretofore or hereafter made by or on behalf of Bond Holder. All such representations and warranties survive the making of the Loan and will continue in full force and effect until such time as the Loan has been paid in full. ARTICLE 3 GENERAL CONDITIONS OF LOAN 3.1 Loan Documents. It is a condition precedent to Bond Holder' s purchase of the Bonds that at or before the Closing, Borrower execute and deliver or cause to be duly executed and delivered to Bond Holder or Trustee, as appropriate, all of the Loan Documents and that all of the Loan Documents will be satisfactory to Bond Holder, in form and substance. 3.2 Additional Reauirements. In addition to the Loan Documents, prior to the Closing, Borrower must deliver or cause to be delivered to Bond Holder each of the following, all of which must be in form and substance satisfactory to Bond Holder: A. Title Policy. The Title Policy. B. Subordination A~reements. The Subordination Agreements relating to each of the Regulatory Agreements. C. Re~ulatorv A~reements. Each of the Regulatory Agreements, in form and substance satisfactory to Bond Holder. 003063~UPPAGMT.3 03/19~96 D. Reserve Account. The Reserve Account must have been established at a branch of Bond Holder, and a security interest in the Reserve Account must have been granted to Bond Holder, capitalized at a minimum of One Hundred Ninety-Three Thousand Dollars ($193,000). E. Property Conditions Survey. Confirmation by Bond Holder's Consultant (construction services) that costs for necessary capital improvements do not exceed the budgeted mount of Eighty-Two Thousand Eight Hundred Dollars $82,800), exclusive of the purchase of refrigerators. least 1.4:1.0. Financial Projection. Evidence satisfactory to Bond Holder that the DSCR is at G. Opinions. Favorable opinions of counsel, each as more precisely delineated on Exhibit C. H. Insurance. The insurance policies described in Section 4. 1 .D below, or certificates of insurance evidencing the same. I. Appraisal. An independent appraisal of the Property from an appraiser approved by Bond Holder that indicates the restricted value of the Property is satisfactory to Bond Holder in all respects. J. Environmental Assessment. An Environmental Questionnaire and Disclosure Statement prepared and certified by Borrower using Bond Holder's prescribed form, showing information therein acceptable to Bond Holder, including reports prepared by a licensed or registered environmental engineer, or other qualified party acceptable to Bond Holder, stating that there are no Hazardous Substances present in, on, under or around the Property, and there is no condition or circumstance which warrants further investigation or analysis in the opinion of the preparer of the report. K. Licenses Permits and Approvals. A final, unconditional certificate of occupancy issued with respect to the Premises, together with such other applicable licenses, permits and approvals as Bond Holder or any Governmental Authority may require. L. A~reements. Certified copies of all operating agreements, service contracts and equipment leases, if any, relating to Borrower's ownership and operation of the Property. M. Oneratin~ and Financial Statements. Current financial statements satisfactory to Bond Holder for Borrower, together with operating and cash flow statements for the Property. N. Bond Purchase Fee. Payment of the Bond Purchase Fee. O. Other Expense. Payment of all expenses referenced in Section 4.1 .G. 003063~'tYPPAGMT.3 03/19/96 11 P. Certificates of Issuer and Borrower. Certificates of Issuer and Borrower containing the representations, warranties and covenants set forth in Exhibit D. Q. Other Items. Such other documents and instruments as Bond Holder may reasonably require. ARTICLE 4 FURTHER COVENANTS OF BORROWER 4.1 Borrower's Covenants. Issuer and Trustee as follows: Borrower further covenants and agrees with Bond Holder, A. Comoliance with Law. Borrower must comply with all existing and future laws, regulations, orders, building restrictions and requirements of, and all permits and approvals from, and agreements with and commitments to, all governmental, judicial or legal authorities having jurisdiction over the Property or Borrower's business, conducted thereon or therefrom, and with all restrictive covenants and other title encumbrances encumbering the Property (all collectively, the "Requirements"). B. Conditional Sales Contracts; Removal of Fixtures and E0uioment. Without Bond Holder's prior written consent, Borrower may not (i) purchase any materials, equipment, furnishings or fixtures to be installed on the Property under any agreement where the seller reserves a lien, security interest or title thereto, or the right of removal or repossession after such items are installed on the Property; and (ii) remove or permit to be removed from the Real Property or the Improvements any equipment, machinery or fixtures used in connection with the management, maintenance, operation or enjoyment thereof unless replaced by articles of equal suitability and value owned by Borrower free and clear of any lien or security interest. C. Site Visits. Borrower grants Bond Holder, its agents and representatives the right to enter and visit the Property at any reasonable time for the purposes of observing it, performing appraisals, inspecting the Property, taking soil or groundwater samples, and conducting tests w, among other things, investigate for the presence of Hazardous Substances. Borrower must also allow Bond Holder to examine, copy and audit its books and records relating to the Property. Bond Holder is under no duty to visit or observe the Property, or to examine any books or records. Any site visit, observation or examination by Bond Holder will be solely for the purpose of protecting Bond Holder's security and preserving Bond Holder's rights under the Loan Documents. Neither Borrower nor any other party is enti~ed to rely on any site visit, observation or testing by Bond Holder, its agents or representatives. Bond Holder owes no duty of care to protect Borrower or any other party against, or to inform Borrower or any other party of, any adverse condition affecting the Property, including any defects in the design or construction of any improvements on the Property or the presence of any Hazardous Substances on the Property. Prior to entering the Property, Bond Holder must give Borrower reasonable notice of its intent to enter. Bond Holder will 003063xS~UPpAGMT.3 03/19/96 exemise reasonable efforts to avoid interfering with Borrower's use of the Property in connection with the activities permitted under this Section. D. Insurance. Borrower must maintain the following insurance: (a) All risk property damage insurance in nonreporting form on the Property, with a policy limit in an amount not less than the full insurable value of the Property on a replacement cost basis, including tenant improvements, ff any. The policy must include a business interruption (or rent loss, if more appropriate) endorsement in the amount of twelve months' principal and interest payments, taxes and insurance premiums, a lender's loss payable endorsement (438 BFU, or its equivalent) in favor of Bond Holder, and any other endorsements required by Bond Holder. (b) Commemial General Liability coverage of at least $3,000,000 at the time of Closing and with limits thereafter as Bond Holder may reasonably require. This policy must name Bond Holder as an additional insured. Coverage must be written on an occurrence, not claims made, basis. (c) Such other insurance as Bond Holder may require, which must include flood insurance and may, upon the reasonable request of Bond Holder, include earthquake insurance. All policies of insurance required by Bond Holder must be issued by companies approved by Bond Holder and otherwise be acceptable to Bond Holder as to amounts, forms, risk coverages, deductibl and loss payable and cancellation provisions. In addition, each policy (except workers' compensation) must provide Bond Holder at least thirty (30) days' prior notice of cancellation, non-renewal or modification. At least thirty (30) days before expiration of any required insurance policy, Borrower must furnish Bond Holder with proof acceptable to Bond Holder that a new policy has been issued, continuing in force the insurance covered by the policy which is expiring. At the same time, Borrower must furnish Bond Holder with evidence satisfactory to Bond Holder that all premiums for any new policy have been paid. If, at least thirty (30) days before a required policy expires, Bond Holder does not receive proof and evidence that a new policy has been issued and that premiums for it have been paid, Bond Holder, in its sole discretion, may procure a new policy and advance funds to pay the premiums for it. Borrower must reimburse Bond Holder, on demand, for any funds advanced by Bond Holder to pay insurance premiums, which advances will be considered to be additional loans to Borrower secured by the Deed of Trust and bearing interest at the Default Rate. E. Preservation of Rights. Borrower must obtain, preserve and maintain in good standing, as applicable, all rights, privileges and franchises necessary or desirable for the operation of the Property and the conduct of Borrower's business thereon or therefrom. F. Maintenance and Revair. Borrower must (i) maintain the Property, including the parking and hndscaping portions thereof, in good condition and repair, (ii) promptly make all necessary structural and non-structural repairs to the Improvements (or cause tenants under any leasr to perform such obligation), and (iii) not demolish, alter, remove or add to any Improvements, excepting (X) the repair and restoration of Improvements following damage thereto as required by the Deed of Trust, (Y) the construction or installation of non-structural alterations or improvements, provided the same are in all respects consistent with the character and utility of the existing Improvements, (Z) the installation or construction of tenant improvements and related demolition in connection with any leases approved in accordance with this Agreement, in each case without the prior written consent of Bond Holder, and (iv) not erect any new buildings, structures or building additions on the Real Property, without the prior written consent of Bond Holder. Borrower must pay when due all claims for labor performed and materials furnished therefor in connection with any improvements or construction activities. G. Payment of Expenses. Borrower must pay all costs and expenses incurred by Bond Holder in connection with the making of the Loan, as well as any revisions, extensions, renewals or "workouts" of the Loan, and in the exercise of any of Bond Holder's rights or remedies under this Agreement or any other Loan Documents, and in connection with the purchase of the Bonds. Such costs and expenses include title insurance, recording and escrow charges, fees for appraisal, environmental services, legal fees and expenses of Bond Holder's counsel and any other reasonable fees and costs for services, regardless of whether such services are furnished by Bond Holder's employees or by independent contractors. Borrower acknowledges that any Bond Purchase Fee does not include amounts payable by Borrower under this section. All such sums incurred by Bond Holder and not immediately reimbursed by Borrower will be considered an additional Advance to Borrower secured by the Deed of Trust and bearing interest at the Default Rate. H. Financial and Other Information. Borrower must maintain full and complete books of account and other records reflecting the results of operations of the Property in accordance with generally accepted accounting principles consistently applied (or such other accounting method approved in writing by Bond Holder), and will fumish or cause to be furnished to Bond Holder the financial information concerning Borrower and the Property as Bond Holder may request. Without limiting the generality of the foregoing, Borrower must furnish to Bond Holder, without prior request or demand: (a) Within one hundred fifty (150) days of the close of Borrower's fiscal year-end, Borrower must provide Bond Holder an audited annual financial statement, including a year-end balance sheet and annual profit and loss statement. (b) During the first four (4) years of the Loan, Borrower must deliver monthly operating statements of the Property in form and snbstance satisfactory to Bond Holder by the tenth day of the month and annually thereafter. Borrower must permit any representative of Bond Holder, at any reasonable time, to inspect, audit and examine the books and records of Borrower relating to the Property, make copies of the same and inspect the matedais relating thereto. I. Notices. Borrower must promptly notify Bond Holder in writing of: 003063'S[IPpAGMT.3 03/19/96 (a) any litigation affecting Borrower or the Property that may reasonably expected to result in a material adverse change in (i) the financial condition of Borrower, (ii) Borrower's ability to timely perform any of its obligations under any of the Loan Documents, or (iii) the physical condition or operation of the Property; (b) any notice that the Property or Borrower's business fails in any respect to comply with any Requirement; (c) any other circumstance, event or occurrence that results in a material adverse change in (i) the physical condition or operation of the Property, (ii) the financial condition of Borrower, or (iii) Borrower's ability to timely perform any of its obligations under any of the Loan Documents; (d) any and all notices of default under or relating to the financing of Borrower or the use of the Property by the RTC, County or Issuer, together with copies thereof. J. Indemnity. Borrower agrees to indemnify, defend with counsel acceptable to Bond Holder, and hold Bond Holder harmless from and against all liabilities, claims, actions, damages, costs and expenses (including all legal fees and expenses of Bond Holder's counsel) arising out of or resulting from the ownership, operation, or use of the Property, whether such claims are based on theories of derivative liability, comparative negligence or otherwise, except to the extent that such claims are caused by Bond Holder's gross negligence or willful misconduct. Anything to the contrary in any other Loan Document notwithstanding, the provisions of this Section are not secured by the Deed of Trust, and survive the termination of this Agreement, repayment of the Loan and the Bonds and foreclosure of the Deed of Trust or similar proceedings. K. Performance of Acts. Upon request by Bond Holder, Borrower must perform all acts necessary or advisable to perfect any lien or security interest provided for in the Loan Documents or to carry out the intent of the Loan Documents. L. Tax Receipts. Throughout the term of the Loan, at Borrower's sole expense, Bond Holder must be furnished with a tax services contract issued by a tax reporting agency satisfactory to it. If Borrower's status as a nonprofit corporation results in the elimination of property tax for the Property, upon receipt of evidence of this status, Bond Holder will agree to waive this requirement. M. Notice of Chan~e. Borrower will give Bond Holder and Trustee prior written notice of any change in: (a) the location of its place of business or its chief executive office if it has more than one place of business; and (b) Borrower's name or business structure. 003063xSUppAGMT.3 03/19/96 15 (c) Unless otherwise approved by Bond Holder in writing, Borrower agrees that all Property that consists of personal property (other than the books and records) will be located at the Real Property and that all books and records will be located at Borrower's place of business or chief executive office if Borrower has more than one place of business. N. Negative Covenants. Without Bond Holder's prior written consent, Borrower may not: (a) engage in any business activities substantially different from Borrower's present business; (b) liquidate or dissolve Borrower's business; (c) lease or dispose of all or a substantial part of Borrower's business or Borrower's assets; (d) enter into any consolidation, merger, pool, joint venture, syndicate or other combination. O. Performance of Agreements. Borrower must perform and comply with all of the terms, provisions, conditions, covenants and agreements on its part to be performed, observed and complied with hereunder and under (i) the other Loan Documents, (ii) the Permitted Encumbrances, (iii) the Regulatory Agreements and (iv) all agreements entered into or assumed by Borrower in connection with the Property, and will not suffer or permit any default or Event of Default (giving effect to any applicable notice requirements and cure periods) to exist under any of the foregoing. P. Keening Third Party Informed. Borrower must keep any third party executing the Deed of Trust or any other security instrument securing the Loan informed of Borrower's financial condition and business operations and all other circumstances that may affect Borrower's ability to pay or perform its obligations under the Loan Documents. In addition, Borrower must deliver to each such person all of the financial information required to be furnished to Bond Holder hereunder. Q. Avvlication of Gross Revenues; Distributions. Borrower will promptly apply all Gross Revenues to the payment of all current and past due Operating Expenses and to the repayment of all sums currently due or past due under this Loan, including all Reserve Account deposits and real estate tax escrow payments pursuant to the Deed of Trust; provided, however, so long as no Event of Default or Incipient Defauk exists, Borrower may retain Gross Revenues after the payment of all current and past due Operating Expenses and all sums due and payable to Bond Holder (for its own account or to be held by it), Trustee or Issuer at or prior to the time of said disu'ibution. (lO3063~SUppAGMT3 03/19/96 R. ODeratin~ and Replacement Reserve Account. (a) On or before the Closing, Borrower must establish and thereafter maintain with Bond Holder an interest-bearing reserve account to cover any operating deficit and the costs of replacing Eligible Replacement Items (as def'med below) in connection with the Improvements ("Reserve Account"). Funds held in the Reserve Account must be and remain in the exclusive control of Bond Holder. At Closing, the Reserve Account must be capitalized with at least One Hundred Ninety-Three Thousand Eight Hundred Dollars ($193,800), and thereafter Borrower must make the following deposits to the Reserve Account: (i) an amount equal to seventy-five percent (75%) of one month's Gross Revenues (based upon a five percent (5%) vacancy rate) must be deposited on each April 1, commencing April I, 1997, until the earlier of April 1, 2000, or the date upon which the amount in the Reserve Account is equal to six (6) month's Gross Revenues (as such amount is determined by Bond Holder and provided by Bond Holder to Trustee and Borrower), plus (ii) until April 1, 1999, all Net Operating Income of the Property remaining after payment of Operating Expenses. (b) Any withdrawal from the Reserve Account for costs incurred by Borrower for Eligible Replacement Items or operating deficits is subject to Bond Holder's approval which may be granted or withheld at Bond Holder's sole, reasonable discretion. In exercising its reasonable discretion, Bond Holder will consider disbursing such amounts to Borrower provided the following conditions have been satisfied in Bond Holder's reasonable judgment: (i) Bond Holder must have received a written request signed by Borrower together with documentation and information Bond Holder may require. Each request must be acceptable in form and substance to Bond Holder in the exercise of its reasonable judgment and include such items of information and documentation, such as invoices, canceled checks, lien waivers and other evidence as Bond Holder may require to show that Borrower is in compliance with the Loan Documents; (ii) The Improvements have not been materially damaged; (iii) The Land and Improvements or any interest in the Land and Improvements have not been materially affected by eminent domain or condemnation proceedings; (iv) Borrower must provide the title insurance policy endorsements Bond Holder has reasonably required to insure first lien priority of the Loan, as well as such other matters relating to the Eligible Replacement Items as Bond Holder may specify; (v) No Event of Default may have occurred and be continuing; and 003063W, JPPAGMT.3 03/19/96 17 (vi) No Incipient Default may have occurred and be continuing unless it can be cured by the requested disbursement from the Reserve Account. (c) Any withdrawal from the Reserve Account must be replenished from Gross Revenues until the Reserve Account's balance is equal to a minimum which represents six (6) months of the Property's gross income based on stabilized occupancy of residential units at ninety- five percent (95%). (d) No cash flow distributions may be made to Borrower until and unless the Reserve Account is funded in accordance with this Section. (e) The funds held in the Reserve Account are pledged as additional security for the indebtedness evidenced by the Note and secured by the Deed of Trust. Borrower agrees to execute any financing statements in connection therewith as Bond Holder may reasonably request. Upon a default by Borrower on any payment due under the terms of the Note and the Bonds or any term or provision of the Loan Documents or the Indenture, the giving of any applicable notice to Borrower (but not to any third parties) and the expiration of any applicable cure period, Bond Holder, in its sole and absolute discretion, may deduct from and apply all or any portion of the monies in the Reserve Account in any order it deems advisable, as follows: (i) to payment of the indebtedness evidenced by the Note and the Bonds or any unpaid fees, costs or expenses Borrower is required to pay under any Loan Documents, provided, however, the application of such funds will not cure or be deemed to cure any default; (ii) to reimburse Bond Holder for any losses or expenses (including reasonable legal fees) suffered or incurred by Bond Holder as a result of the default; (iii) Improvements; or to make or complete repairs or replacements to the (iv) to any payment in connection with exercising all rights and remedies available to Bond Holder at law or in equity or under any of the Loan Documents. (f) Nothing in this Section may in any manner whatsoever alter, impair or affect the obligations of Borrower or relieve Borrower of any of its obligations to make payments and perform all of its obligations as required under the Loan Documents. (g) Borrower agrees to indemnify defend and hold harmless Bond Holder from and against any and all actions, suits, claims, demands, liabilities, losses, damages, obligations and costs or expenses, including litigation costs and reasonable attorneys' fees, arising from or in any way connected with the Reserve Account, except to the extent caused by Bond Holder's gross negligence or willful misconduct. 0030~3~LrPPAGMT.3 03119/96 (h) Bond Holder's release of funds from the Reserve Account or other acknowledgement of completion of any repair or replacement may not be deemed an acknowledgement that the repair or replacement has been completed in accordance with applicable building, zoning or other codes, ordinances, statutes, laws, regulations or requirement of any Govemmental Authority. (i) After April 1, 1999, Borrower must maintain a minimum balance of Three Hundred Ninety Thousand Dollars ($390,000) in the Reserve Account, which represents six (6) months of the Property's effective gross income with stabilized occupancy of residential units at ninety-five pement (95%). "Eligible Replacement Items" means Capital Improvement Items (as defined below) and other substantial items approved by Bond Holder in its reasonable judgment, but does not include maintenance and repairs made during the normal course of business, including broken windows, roof repairs and maintenance, landscaping, office equipment, interior painting, fire-damaged equipment, building additions and any repair or maintenance items. "Capital Improvement Items" means items recognized as capital improvements in accordance with generally accepted accounting practices that require an outlay of funds for acquisition or improvement of a fixed asset which can be depreciated over its useful life and extends the life or increases the productivity of the Improvements. S. Funds Det~osited with Bond Holder. All funds of Borrower which are deposited with Bond Holder pursuant to this Agreement or any other Loan Document, whether for the benefit of Trustee or otherwise, will be held in the Segregated Account. Any interest which accrues on said funds will, at Bond Holder's sole option, be paid to Borrower or be held as part of the applicable funds being held by Bond Holder for the same purpose for which the principal sum of said funds is being held by Bond Holder. To secure all of Borrower's obligations to Bond Holder, Trustee or both under the Loan Documents, Borrower hereby grants to Bond Holder and Trustee, on behalf of Bond Holder, a security interest in all funds now or hereafter deposited with Bond Holder, held in the Segregated Account or otherwise in Bond Holder's possession, custody or control pursuant to the provisions of this Agreement or any other Loan Document, including all funds deposited pursuant to the Deed of Trust and Section 4.1.R, 4. 1.U and 4.1.V of this Agreement. So long as an Event of Default exists, Bond Holder will have such rights with respect to such funds and any interest accrued thereon as are provided by applicable law, this Agreement or the Loan Documents, and may pay such funds to Trustee and direct Trustee to repay the Loan and effect a mandatory redemption of the Bonds. Without limiting any of the foregoing provisions, at the request of Bond Holder, Borrower will execute and deliver from time to time such documents as may be necessary or appropriate, in Bond Holder's sole judgment, to assure Bond Holder that it has a first priority perfected security interest in and Hen on all funds deposited pursuant to Section 4. 1.R, 4. 1 .U and 4. 1 .V of this Agreement, including the creation of a deposit account in the name of Borrower or Bond Holder in a banking institution approved by Bond Holder, as directed by Bond Holder, into which any or all of such funds will be deposited and maintained, subject to the rights of Bond Holder with respect to such funds as provided herein. Funds held by Bond Holder for the benefit of Trustee or otherwise pledged to Bond Holder to secure payments under the Loan Documents will be held in Qualified Investments by Bond Holder. Bond Holder will have no responsibility or liability 003063~;UppAGiVIT.3 03/19/96 19 for any loss or diminution of funds on account of such investment or for such investment being in violation of Section 148 of the Code, including any Determination of Taxability as a result of the violation of such Section so long as each investment is a Qualified Investment. T. Appraisal. At any time prior to the Investment Maturity Date, Borrower will cooperate with Bond Holder and use reasonable efforts to assist Bond Holder in obtaining an appraisal of the Property. Such cooperation and assistance from Borrower will include but not be limited to the obligation to provide Bond Holder or Bond Holder's appraiser with the following: (i) reasonable access to the Property, (ii) a current certified rent roll for the Property in form and substance satisfactory to Bond Holder, including a list of all apartment units by number, size and type of units, current asking rents and a history of change in asking rents and historical vacancy for the past three years, (iii) current and budgeted income and expense statements for the prior three years, (iv) a site plan and survey of Property, (v) the building plans and specifications, including typical elevation and floor plans, (vi) a photocopy of the deed conveying the Property to Borrower, together with the legal description of the Property, (vii) the current and prior year real estate tax bills, (viii) a detailed list of past and scheduled capital improvements and the costs thereof, (ix) a summary of the then current ownership entity, (x) all environmental reports and other applicable information relating to the Property, and (xi) copies of all recent appraisals/property description information or brochures, including descriptions of amenities and services relating to the Property. The appraiser performing any such appraisal will be engaged by Bond Holder, and Bond Holder will be responsible for any fees payable to said appraiser in connection with an appraisal of the Property. U. Event of Taxability. Borrower understands that the interest rates provided under this Agreement are based on the assumption that interest income received by Bond Holder will be excluded from Bond Holder's gross income under Section 103 of the Code and that the credit will be Bank Qualified. If an Event of Taxability (as defined below) will have occurred with respect to any Bonds, all of such Bonds will be subject to redemption at a redemption price (the "Taxable Redemption Price") equal to the sum of 100% of the principal amount thereof, plus accrued interest to the date of redemption, plus unless the Event of Taxability is due solely to an act or omission of Bond Holder, a premium equal to (i) the amount necessary so that after giving effect to receipt thereof by Bond Holder, Bond Holder will have received interest on the principal amount of the Bonds at the after-tax equivalent rate (to be calculated by dividing the Interest Rate by one minus the combined applicable state (if any) and federal marginal tax rates for Bond Holder (as conclusively determined by the accounting firm or firms preparing Bond Holder's income taxes for the period or periods in question) for the period elapsed between the later of the date of issuance of such Bonds or the date as of which the Bonds cease to be tax-exempt obligations under Section 103 of the Code (i.e. Bank Qualified) and the date of redemption, plus (ii) any penalties or interest that Bond Holder may have had to pay as a result of interest on such Bonds being deemed taxable, plus (lii) reasonable accountants' costs and attorneys' fees resulting from any dispute with the Internal Revenue Service concerning the proper tax treatment of the amounts advanced and the interest payable to Bond Holder under this Agreement or the Loan Agreement. Bond Holder will certify the Taxable Redemption Price to Trustee. Borrower will effect such optional redemption by paying to Trustee an amount equal to the Taxable Redemption Price as a prepayment of the Loan, and along with such 003063'~UPPAGMT.3 03119~96 20 payment will give the Issuer written notice of Borrower's desire to effect such prepayment and redemption and will insm~ct Trustee to effect such prepayment and redemption. If an Event of Taxability will have occurred with respect to any Bonds, then on or after the Taxability Redemption Date (as hereinafter defined), if Bond Holder will have notified Borrower in writing of its desire to require a prepayment of the Loan to effect a mandatory redemption of the Bonds, then the Bonds will be subject to mandatory redemption at the Taxable Redemption Price set forth above and Bond Holder will instruct Trustee to take such action. If Borrower will not have effected such mandatory redemptior. within thirty days after Borrower's receipt of such notice from Bond Holder, a Taxability Default CTaxabilitV Default") will exist. A Taxability Redemption Date CTaxabilitv Redeml~tion Date") will occur on the date when Borrower receives written notice of the occurrence of an Event of Taxability. As used herein, "Event of Taxability" means, with respect to any of the Bonds, the occurrence of any of the following events: (i) Borrower, Issuer or Trustee receives notice from Bond Holder that Bond Holder has discovered any facts, actions or failures to act by Borrower or Issuer that would cause the Bonds not to be treated as either Bank Qualified or tax-exempt. (ii) the receipt by Issuer, Borrower, Trustee or Bond Holder of any written notice by the Commissioner of Internal Revenue (the "Commissioner") or any District Director of Internal Revenue (herein so called) that a Determination of Taxability has occurred; or (iii) the receipt by lssuer, Borrower or Bond Holder of any written notice from Trustee stating that Trustee has been advised (i) by any owner or former owner of such Bonds that the Internal Revenue Service has determined in writing that there has been a Determination of Taxability or (ii) by written notice from the Commissioner or any District Director of Internal Revenue that there has been a Determination of Taxability. Bond Holder and Borrower each agree to deliver copies of all such written determinations received by it to the other persons and entities listed above. As used herein, "Determination of Taxability" will mean, and will be deemed to have occurred on the date of the occurrence of, any challenge by the Internal Revenue Service or other Governmental Agency, whether by audit of Bond Holder, Trustee, Issuer or Borrower, of the status of the Advances or the Bonds as Bank Qualified, or any event or the existence of any circumstance that has the effect of causing the interest payable on the Bonds or the distributive share of such interest payable to a Bond Holder to become includable in the gross income for federal income tax purposes of any owner, former owner of the Bonds (other than any such owner who is a "substantial user" of the project financed by the Bonds or a "related person" of such substantial user within the meaning of Section 147(a) of the Code or Section 103(b)(13) of the Code), unless such interest is includable by virtue of the applicability of an alternative minimum tax, branch profits tax, environmental tax, or tax of a similar nature imposed in general with respect to obligations such as 21 the Bonds; provided, however, that in no event will Bond Holder constitute a "substantial user" or "related person" for purposes of this definition or the consequences thereof unless, and only for such period as, BondHolder obtains title to the Premises as a result of the exercise of foreclosure rights or otherwise. Whenever the Loan is subject to prepayment under this Section 4.1 .U or the Bonds arc subject to mandatory redemption under Section 4.01(e) of the Indenture, Bond Holder may apply any monies held by it under this Section 4.1.U to effect a prepayment of the Loan and mandatory redemption of Bonds at the Taxable Redemption Price set forth above. Anything in this Section to the contrary notwithstanding, any payment otherwise due or made under this Section will be subject to the limitation that no amount will be due and payable under this Section which would result in interest payable on the Bonds at a rate in excess of the "Maximum Lawful Rate", as defined in the Indenture. The obligations of Borrower and Issuer under Section 4.1.U shall survive termination of this Agreement and repayment of the credit provided hereunder. V. Redemvtion of Bonds and Other Payments. Under this Agreement, in certain circumstances specified in this Agreement, funds held by or paid to Bond Holder for the benefit of Trustee are to be used to prepay the Loan and effect a mandatory redemption of the Bonds. Bond Holder will, upon payment of such funds to Trustee, advise Trustee, in writing, of the section of this Agreement pursuant to which such payment is made. In the event of any such prepayment to effect a redemption, if the amount so held by Bond Holder is not an even multiple of $500, Bond Holder will continue to hold any amount in excess of an even multiple of $500 and will combine such excess amount with any funds which, in the future, are held by Bond Holder and used to effect such a redemption. W. No Hedge Bonds. As of the Closing, Borrower and Issuer, based on representations of Borrower, reasonably expect that at least eighty-five percent (85%) of the spendable proceeds of the Loan will be expended within three years of the date of issuance of Loan. Less than fifty percent (50%) of the proceeds of the Lean were invested in investment securities with a substantially guaranteed yield for four years or longer. 4.2 Use or Leasing of the Property A. Use of the Property. Borrower must not change its intended use of the Property without Bond Holder's prior writton approval. B. Leasing. (a) Each lease of any part of the Property is subject to Bond Holder's written approval as to form and substance prior to execution and delivery. Bond Holder must approve Borrower's standard form of residential lease or rental agreement prior to its use by Borrower. Borrower may not materially modify the approved standard form residential lease without Bond Holder's prior written consent. 003063~SUPPAGh4T.3 The foregoing notwithstanding, Borrower may enter into residential leases (and amendments) in the ordinary course of business with bona fide third party residential tenants without Bond Holder's prior written consent if Borrower uses the approved standard from residential lease and: (i) Within fifteen (15) days after Bond Holder's written request therefor, Bond Holder receives a copy of the executed lease (accompanied by all financial information and certificates obtained by Borrower pertaining to the tenant); and, (ii) The lease does not affect more than one (1) residential unit within the Improvements. (b) In the exercise of its sole discretion, Bond Holder may consider any executed lease it receives to be unsatisfactory if the lease fails to meet any of the requirements of this Agreement. If this happens, or if Borrower at any time fails to submit any executed lease (and accompanying information) at the time required by this Section, or if any Event of Default has occurred and is continuing, Bond Holder may make written demand on Borrower to submit all future leases for Bond Holder's approval prior to execution. Borrower must comply with any such demand by Bond Holder. (c) The residential units within the Improvements must be occupied by qualifying low-and very-low-income tenants in accordance with the Regulatory Agreements and the Bond Regulatory Agreement C. Delivery of Leasin~ Information and Documents. Borrower must deliver to Bond Holder monthly rent rolls for the Property by the fifteenth (15th) day of the month. Commencing with the first anniversary of recordation of the. Deed of Trust, Borrower must deliver such rent rolls quarterly. Borrower must promptly deliver to Bond Holder tenant income certificates, leasing schedules and reports and other leasing information as Bond Holder from time to time may request. Borrower must promptly obtain and deliver to Bond Holder estoppel certificates and subordination and attornment agreements from non-residential tenants in such forms as Bond Holder from time to time may require. D. Purnose and Effect of Lease Attaroval. Bond Holder's approval of any lease is for the sole purpose of protecting Bond Holder's security and preserving Bond Holder's rights under the Loan Documents. No approval by Bond Holder will result in a waiver of any default of Borrower. Bond Holder's approval of any lease is not a representation of any kind regarding the lease, its enforceability or the financial capacity of any tenant. E. Landlord's Obligations. Borrower must perform all obligations required to be performed by it as landlord under any lease affecting any part of the Property or any space within the Improvements. 003063~IJppAGMT.3 03/19~96 23 F. Income from Property. Borrower must first apply all income derived from the Property, including all income from leases, to pay costs and expenses associated with the ownership, maintenance, operation and leasing of the Property, including all amounts then required to be paid under the Loan Documents, before using or applying such income for any other purpose. No such income may be distributed or paid to any partner, shareholder or, if Borrower is a trust, to any beneficiary or trustee, unless all costs and expenses then due have been paid in full. ARTICLE 5 HAZARDOUS SUBSTANCES 5.1 Rel~resentation and Warranty Re~arding Hazardous Substances. Before signing this Agreement, Borrower rosearched and inquired into the previous uses and owners of the Property. Based on that due diligence, Borrower rapresents and warrants that, except as Borrower has disclosed to Bond Holder in writing prior to the execution of this Agreement, to the best of Borrower's knowledge, (i) no Hazardous Substance has been disposed of, or released to or from, or otherwise now exists in, on, under or around, the Property, and (ii) no aboveground or underground storage tanks are now or have ever been located on or under the Property. 5.2 Comvliance Regardinlz Hazardous Substances. Borrower has complied, and will comply and cause all tenants and any other persons who may come upon the Property to comply, with all federal, state and local laws, regulations and ordinances governing or applicable to Hazardous Substances, including those requiting disclosures to prospective and actual buyers or tenants of all or any portion of the Property. Borrower will not install or allow to be installed any aboveground or underground storage tanks on the Property. Borrower must comply with the recommendations of any qualified environmental engineer or other expert engaged by Borrower or Bond Holder or Trustee with respect to the Property. 5.3 Notices Regarding Hazardous Substances. Borrower must promptly notify Trustee and Bond Holder in writing (i) if it knows, suspects or believes there may be any Hazardous Substance in or around any part of the Property, any improvements constructed on the Property, or the soil, groundwater or soil vapor on or under the Property, or that Borrower or the Property may be subject to any threatened or pending investigation by any governmental agency under any law, regulation or ordinance pertaining to any Hazardous Substance, and (ii) of any claim made or threatened by any person, other than a governmental agency, against Borrower arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, any Improvements constructed on the Property or the soil, groundwater or soil vapor on or under the Property (any of the matters described in clauses (i) and (ii) above a "Hazardous Substances Claim"). 5.4 Site Visits, Observations and Testing. (a) Bond Holder, its parent, subsidiaries and any affiliated companies, any assignees of any of Bond Holder's interest in the Bonds, the Indenture, the Loan or the Loan Documents, any owners of participation or other interests in the Bonds, the Indenture, the Loan or the Loan Documents, any pumhasers of the Property at any foreclosure sale or from Bond Holder or any of its affiliates, and the officers, directors, employees and agents of each of them (each individually, an "Indemnified Party," and all collectively, the "Indemnified Parties"), have the fight at any masonable time to enter and visit the Property for the punposes of observing the Property, taking and removing soil or groundwater samples and conducting tests on any part of the Property. The Indemnified Parties have no duty, however, to visit or observe the Property or to conduct tests, and no site visit, observation or testing by any Indemnified Party imposes any liability on any Indemnified Party. In no event will any site visit, observation or testing by any Indemnified Party be a representation that Hazardous Substances are or are not present in, on or under the Property, or that there has been or will be compliance with any law, regulation or ordinance pertaining to Hazardous Substances or any other applicable governmental law. Neither Borrower nor any other party is entitled to rely on any site visit, observation or testing by any Indemnified Party. The Indemnified Parties owe no duty of care to protect Borrower or any other party against or to inform Borrower or any other party of any Hazardous Substances or any other adverse condition affecting the Property. Any Indemnified Party must give Borrower reasonable notice before entering the Property. The Indemnified Party will make reasonable efforts to avoid interfering with Borrower's use of the Property in exercising any rights provided in this Section. (b) Without limiting the generality of the foregoing, Borrower agrees that the Indemnified Parties have the same right, power and authority to enter and inspect the Property as a secured lender under Section 2929.5 of the California Civil Code and the right to appoint a receiver to enforce this right to enter and inspect the Property to the extent such authority is provided under California law, including the authority given to a secured lender under Section 564(c) of the California Code of Civil Procedure. Borrower must pay all costs and expenses incurred by an Indemnified Party in connection with any inspection or testing conducted in accordance with this Section. The results of all investigations conducted and/or reports prepared by or for any Indemnified Party must at all times remain the property of the Indemnified Party and under no circumstances does any Indemnified Party have any obligation whatsoever to disclose or otherwise make available to Borrower or any other party the results or any other information obtained by any of them in connection with the investigations and reports. The foregoing notwithstanding, the Indemnified Parties hereby reserve the right, and Borrower hereby expressly authorizes any Indemnified Party, to make available to any party (including any governmental agency or authority and any prospective bidder at any foreclosure sale of the Property) any and all reports, whether prepared by any Indemnified Party or prepared by Borrower and provided to any Indemnified Party (collectively, "Environmental Reportq') that any Indemnified Party may have with respect to the Property. Borrower consents to the Indemnified Parties' notifying any party (either as pan of a notice of sale or otherwise) of the availability of any or all of the Environmental Reports and the information contained therein. Borrower acknowledges that the Indemnified Parties cannot control or otherwise assure the truthfulness or accuracy of the Environmental Reports and that the release of the Environmental Reports, or any information contained therein, to prospective bidders at any foreclosure sale of the Property may have a material and adverse effect upon the amount that a party may bid at such sale. Borrower agrees that the Indemnified Parties have no liability whatsoever as a result of delivering any or all of the Environmental Reports or any information contained therein to any third party, and Borrower hereby releases and forever discharges the Indemnified Parties from any and all claims, damages, or causes of action, arising out of, connected with or incidental to the Environmental Reports or the delivery thereof. 5.5 Remedial Work. Borrower must promptly undertake any and all remedial work ("Remedial Work") in response to Hazardous Substances Claims to the extent required by governmental agency or agencies involved or as recommended by prudent business practices, ff such standard requires a higher degree of remedialion, and in all events to minimize any impairment to Trnstee's or Bond Holder's security under the Loan Documents. All Remedial Work must be conducted (a) in a diligent and timely fashion by licensed contractors acting under the supervision of a consulting environmental engineer; (b) pursuant to a detailed written plan for the Remedial Work approved by all public or private agencies or persons with a legal or contractual fight to such approval; (c) with insurance coverage pertaining to liabilities arising out of the Remedial Work as is then customarily maintained with respect to such activities; and (d) only following receipt of any required permits, licenses or approvals. The selection of the Remedial Work contractors and consulting environmental engineer, the contracts entered into with such parties, any disclosures to or agreements with any public or private agencies or parties relating to Remedial Work and the written plan for the Remedial Work (and any changes thereto) at Bond Holder's option, is subject to Bond Holder's prior written approval, which may not be unreasonably withheld or delayed. 5.6 Secured Obligation. The obligations and rights of the paxties under this Article are secured by the Deed of Trust until the first to occur of full and final repayment of the Loan or the transfer of ti~e to all or any part of the Property at a foreclosure sale under the Deed of Trust, either pursuant to judicial decree or the power of sale contained in the Deed of Trust or by deed in lieu of such foreclosure (any of the foregoing transfers being referred to as a "Foreclosure Transfer"). The parties' obligations and rights under this Article continue in full force and effect after the full and final payment of the Loan and the Bonds or a Foreclosure Transfer, as the case may be, but (a) in the case of a full and final payment of the Loan and the Bonds, Borrower's obligations under this Article are thereafter limited to the indemnification obligations of Sections 5.8 and 5.--9 as to Indemnified Costs (as defined below) arising out of or as a result of events prior to the full and final payment of the Loan and the Bonds, and (b) in the case of a Foreclosure Transfer, the obligations do not include the obligation to reimburse any Indemnified Party for diminution in value of the Property resulting from the presence of Hazardous Substances on the Property before the date of the Foreclosure Transfer if, and to the extent, that the Indemnified Party recovers on a deficiency judgment which included compensation for such diminution in value; provided, however, that nothing in this sentence impairs or limits an Indemnified Party's right to obtain a judgment in accordance with applicable law for any deficiency in recovery of all obligations that are secured by the Deed of Trust, including the Note. As used in this Agreement, the term "Indemnified Costs" means all actual or threatened liabilities, claims, actions, causes of action, judgments, orders, damages (including foreseeable and unforeseeable consequential damages), costs, expenses, fines, penalties and losses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of Bond Holder's counsel), including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work (whether of the Property or any 003063',SUPPAGMT.3 03/19/96 other property), or any resulting damages, harm or injuries to the person or property of any third parties or to any natural resources. 5.7 Indemnity Re~ardin~ Hazardous Substances. Borrower indemnifies, defends and holds the Indemnified Parties, and the Trustee and the Issuer and their respective officers, directors and agents (collectively, the "Additional Indemnitees," and individually, an "Additional Indemnitee") harmless from and against any and all Indemnified Costs directly or indirectly arising out of or resulting from any Hazardous Substance being present or released in, on or around any part of the Property, or in the soil, groundwater or soil vapor on or under the Property, including: A. any claim for Indemnified Costs asserted against any Indemnified Puny or any Additional Indemnitee by any federal, state or local governmental agency, including the United States Environmental Protection Agency and the California Department of Health Services, and including any claim that any Indemnified Party is liable for any such Indemnified Costs as an "owner" or "operator" of the Property under any law relating to Hazardous Substances; and B. any claim for Indemnified Costs asserted against any Indemnified Party or any Additional Indemnitee by any person other than a governmental agency, including (i) any person who may purchase or lease all or any portion of the Property from Borrower, from any Indemnified Party or any Additional Indemnitee or from any other purchaser or lessee, (ii) any person who may at any time have any interest in all or any portion of the Property, (iii) any person who may at any time be responsible for any clean-up costs or other Indemnified Costs relating to the Property, and (iv) any person claiming to have been injured in any way as a result of exposure to any Hazardous Substune and C. any Indemnified Costs incurred by any Indemnified Party or any Additional Indemnitee in the exercise by the Indemnified Party or any Additional Indemnitee of its rights and remedies under this Agreement; and D. any Indemnified Costs incurred by any Indemnified Party or any Additional Indemnitee as a resuk of currently existing conditions in, on or around the Property, whether known or unknown by Borrower or the Indemnified Parties or the Additional Indemnitees at the time this Agreement is executed, or attributable to the acts or omissions of Borrower, any of Borrower's tenants, or any other person in, on or around the Property with the consent or under the direction of Borrower. E. Borrower, the Indemnified Parties and the Additional Indemnitees intend that, to the extent Indemnified Costs are not recoverable under Section 736(a) of the California Code of Civil Procedure, Indemnified Costs may be otherwise recoverable under the law of the State of California, as provided in Section 736(d) of the Code of Civil Procedure. 5.8 Defense of Indemnified Parties. Upon demand by any Indemnified Puny or any Additional Indemnitee, Borrower must defend any investigation, action or proceeding involving any Indemnified Costs brought or commenced against any Indemnified Party or any Additional 003063~UPPAGM'~3 o~/~,~ 27 Indemnitee, whether alone or together with Borrower or any other person, all at Borrower's own cost and by counsel approved by the Indemnified Party or any Additional Indemnitee. In the alternative, any Indemnified Party or any Additional Indemnitee may elect to conduct its own defense at Borrower's expense. 5.9 Remedies Upon Default. A. In addition to any other rights or remedies Bond Holder may have under this Agreement, at law or in equity, upon the occurrence of an Event of Default under this Agreement, Bond Holder may (a) pursue any remedies available to it under California Code of Civil Procedure Sections 726.5 and 736; and/or (b) do or cause to be done whatever is necessary to cause the Property to comply with any and all laws, regulations and ordinances governing or applicable to Hazardous Substances, and any other applicable law, rule, regulation, order or agreement, and the cost thereof will become immediately due and payable upon demand by Bond Holder, and if not paid when due will accrue interest at the Default Rate until paid. Without limiting any of the remedies provided in the Loan Documents, Borrower acknowledges and agrees that: (i) the provisions of this Article are environmental provisions, as that term is defined in Section 736(11(2) of the Califomia Code of Civil Procedure, made by Borrower relating to the real property security; (ii) that Borrower's failure to comply with the terms of this Agreement is a breach of contract giving Bond Holder the right to enforce monetary and other remedies provided under Section 736 of the California Code of Civil Procedure ("Section 736"); and (iii) an action by Bond Holder for damages or enforcement of this Agreement does not constitute an action within the meaning of Section 726(a) of the California Code of Civil Procedure or constitute a money judgment for deficiency or a deficiency judgment within the meaning of Sections 580a, 580b or 726(b) of the Califomia Code of Civil Procedure. B. Borrower hereby acknowledges and agrees that any amounts realized by Bond Holder by reason of the following may be applied to pay the obligations secured by the Deed of Trust prior to being applied to pay Borrower's obligations to reimburse Bond Holder for costs and expenses, including those incurred by Bond Holder in enforcing its rights and remedies under the provisions of this Article: (a) any payments made pursuant to any Loan Document (other than payments made to Bond Holder for reimbursement of costs and expenses or for enforcement of its rights and remedies, under the provisions of this Article); (b) any foreclosure of the Deed of Trust or the other documents evidencing or securing the Loan (including any amounts realized by reason of any credit bid in connection with any such foreclosure); (c) any conveyance in lieu of foreclosure; (d) any other realization upon any security for the Loan; (e) any recoveries against Borrower personally (except for recoveries against Borrower for reimbursement of costs and expenses or enforcement of Bond Holder's rights and remedies under this Article); and (f) any recoveries against any person or entity other than Borrower (including any guarantor) to the maximum extent permitted by applicable law. ARTICLE 6 AGREEMENT TO PURCHASE BONDS 6.1 A~reement to Purchase Bonds. On the basis of the covenants, agreements and representations of Borrower contained in, and subject to the terms and conditions set forth in, this Agreement and the other Loan Documents, Bond Holder agrees to purchase the Bonds for the sum of Dollars ($ ). ARTICLE 7 DEFAULT AND REMEDIES 7.1 Events of Default. Each of the following will constitute an "Event of Default" under this Agreement: A. Trustee fails to receive, within five (5) days following the due date thereof, any payment due under the Note or Loan Agreement, or Bond Holder falls to receive, within five (5) days following the due date thereof, any payment due under the Bonds; or B. Borrower or any guarantor fails to pay within ten (10) days following written notice from Bond Holder or Trustee any amounts due under this Agreement, the Loan Agreement c any of the other Loan Documents, other than installments of principal or interest on the Loan; or C. Any representation or warranty made by Borrower in or pursuant to this Agreement or otherwise made in writing in connection with or as contemplated by this Agreement is incorrect or false or misleading in any material respect as to the period of time to which it relates; or D. An Event of Default exists under the Deed of Trust, the Loan Agreement, the Indenture or any other Loan Document; or E. Any representation to Bond Holder by Borrower as to the financial condition or credit standing of Borrower, or any financial statement provided to Bond Holder pursuant to any Loan Document, is or proves to be false or misleading in any material respect; or F. An Accelerating Transfer (as defined in the Deed of Trust) occurs; G. There is a material adverse change in Borrower's financial condition, or event or condition that materially impairs Borrower's intended use of the Property or Borrower's ability to repay the Loan; or H. Bond Holder or Trustee falls to have an enforceable first lien on or security interest in any property given as security for the Loan; or 003063XSU'PpAGMT,3 03/19/96 I. Borrower becomes insolvent or the subject of any bankruptcy or other voluntary or involuntary proceeding, in or out of court, for the adjustment of debtor-creditor relationships; or J. Borrower dissolves or liquidates; or K. A final non-appealable judgment or judgments for the payment of money in excess of the aggregate sum of $50,000.00 is rendered against Borrower and such judgment or judgments remains undischarged for a period of sixty (60) consecutive days during which the execution will not be effectively stayed; or L. A Determination of Taxability occurs; or M. Borrower fails to pay Trustee an amount sufficient to effect a redemption of all of the Bonds on or before the Investment Maturity Date, or Bond Holder does not receive, in cash, the full amount of the Bonds, together with any accrued interest thereon and all Advances made by Bond Holder and any other amounts due Bond Holder under this Agreement, the Indenture or the Deed of Trust on or before the hvestment Maturity Date; or N. Borrower fails to timely observe, perform or comply with any covenant contained in this Agreement other than those referred to in clauses (A), (L) or (M) and does not cure that failure within thirty (30) days ("Initial Cure Period") after written notice from Bond Holder; or ninety (90) days after that written notice so long as Borrower begins within the Initial Cure Period and diligently continues to cure the failure, and Bond Holder, exercising reasonable judgment, determines that the cure cannot reasonably be completed at or before expiration of the Initial Cure Period; or O. A default is declared or occurs under the Loan Documents or Regulatory Agreements of any of Issuer, County or RTC or under the Bond Regulatory Agreement (and, if a cure period is provided with respect to said default, said default is not fully cured within the period provided by the document for cure of said default). 7.2 Remedies. If an Event of Default occurs under this Agreement, A. Bond Holder may exercise any right or remedy it has under any of the Loan Documents, or is otherwise available at law or in equity or by statute. All of Bond Holder's rights and remedies are cumulative. All of Borrower's obligations under the Loan Documents will become immediately due and payable, together with the applicable premium, without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind or character, all at Bond Holder's option, exercisable in its sole discretion. B. Bond Holder has the fight in its sole discretion to enter the Property and take possession of it, whether in person, by direction to Trustee, by agent or by court-appointed receiver, collect rants and otherwise protect its collateral and rights under the Loan Documents. If Bond 003063'~UPPAGMT.3 o~/~gs~ 30 Holder exemises any of the rights or remedies provided in this Section B, that exercise will not ma' Bond Holder a partner or joint venturer of Borrower. All sums that are expended by Bond Holder preserving its collateral will be considered an additional loan to Borrower secured by the Deed of Trust and bearing interest at the Default Rate. C. Apply the sum of any Segregated Account, including Reserve Account payments, then being held by Bond Holder to the repayment of the Loan and the Bonds. Anything in this Agreement to the contrary notwithstanding, all funds advanced or disbursed by Bond Holder pursuant to the provisions of this Article 7 will be deemed advanced by Bond Holder under an obligation to do so regardless of the identity of the person or persons to whom such funds are paid and will bear interest at the Default Rate. Funds advanced or disbursed by Bond Holder in the exemise of its judgment that the same are needed to protect its security or to otherwise perform any obligations of Borrower hereunder are to be deemed obligatory advances hereunder and are to be added to the total indebtedness evidenced by the Note and secured by the Deed of Trust and the other Loan Documents and said indebtedness will, if necessary, be increased accordingly. ARTICLE 8 REFERENCE AND ARBITRATION 8.1 Judicial Reference. In any judicial action between or among the parties, including but not limited to any action or cause of action arising out of or relating to this Agreement or the Loan Documents or based on or arising from an alleged tort, all decisions of fact and law will at the request of any party be referred to a referee in accordance with California Code of Civil Procedure Sections 638 et seq. The parties will designate to the court a referee or referees selected under the auspices of the American Arbitration Association CAAA") in the same manner as arbitrators are selected in AAA-sponsored proceedings. The presiding referee of the panel, or the referee if there is a single referee, must be an active attorney or retired judge. Judgment upon the award rendered by the referee or referees may be entered in the court in which the proceeding was commenced in accordance with California Code of Civil Procedure Sections 644 and 645. 8.2 Mandatory Arbitration. After the Deed of Trust has been released, fully reconveyed, or extinguished, any controversy or claim between or among the parties, including those arising out of or relating to this Agreement or the Loan Documents and any claim based on or arising from an alleged ton, must at the request of any party be determined by arbitration. The arbitration must be conducted in accordance with the United States Arbitration Act (Title 9, U.S. Code), notwithstanding any choice of law provision in this Agreement, and under the Commercial Rules of the AAA. The arbitrator(s) must give effect to statutes of limitation in determining any claim. Any controversy conceming whether an issue is arbitrable will be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy does not constitute a 003063xSUPPAGMT.3 o~t,9,~ 3 1 waiver of the fight of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief. 8.3 Real Property Collateral. The provisions of Section 8.2 notwithstanding, no controversy or claim may be submitted to arbitration without the consent of all parties if, at the time of the proposed submission, the controversy or claim arises from or relates to an obligation to Bond Holder which is secured by real property collateral. If all parties do not consent to submission of the controversy or claim to arbitration, the controversy or claim must be determined as provided in Section 8.1. 8.4 Provisional Remedies, Self-HelD and Foreclosure. No provision of this Article 8 limits the right of any puny to this Agreement to exercise self-help remedies such as setoff, foreclosure against or sale of any real or personal property collateral or security, or obtaining provisional or ancillary remedies from a court of competent jurisdiction before, after, or during the pendency of any arbitration or other proceeding. The exercise of a remedy does not waive the right of either puny to resort to arbitration or reference. At Bond Holder's option, foreclosure under a deed of trust or mortgage may be accomplished either by exercise of power of sale under the deed of trust or mortgage or by judicial foreclosure. ARTICLE 9 MISCELLANEOUS 9.1 No Waiver; Consents. No alleged waiver by Bond Holder will be effective unless in writing, and no waiver will be construed as a continuing waiver. No waiver may be implied from any delay or failure by Bond Holder to take action on account of any default of Borrower. Consent by Bond Holder to any act or omission by Borrower may not be construed as a consent to any other or subsequent act or omission. 9.2 No Third Parties Benefitted. This Agreement is made and entered into for the sole protection and benefit of Bond Holder, Trustee, Issuer and Borrower, and their successors and assigns. No trust fund is created by this Agreement and no other persons or entities (other than Trustee or Issuer, with respect to their rights expressly set forth herein), has any right of action under this Agreement or any fight to the Loan funds. 9.3 Notices. All notices given under this Agreement must be in writing and will be effectively served upon delivery, or if mailed, upon the first to occur of receipt or the expiration of forty-eight (48) hours after deposit in first-class or certified United States mail, postage prepaid, sent to the party at its address appearing below its signature. Addresses may be changed by either party by notice to the other party. 9.4 Indemnity Re~ardin~ Construction and Other Risks. Borrower indemnifies, defends and holds the Indemnified Parties and the Additional Indemnitees harmless from and against any and 003063~UPPAGMT.3 all Indemnified Costs directly or indirecfiy arising out of or resulting from construction of any improvements on the Property, including any defective workmanship or materials; or any failure to satisfy any requirements of any laws, regulations, ordinances, governmental policies or standards, reports, subdivision maps or development agreements that apply or pertain to the Property; or breach of any representation or warranty made or given by Borrower to any of the Indemnified Parties or any of the Additional Indemnitees or to any prospective or actual buyer of all or any portion of the Property; or any claim or cause of action of any kind by any party that any Indemnified Party or any of the Additional Indemnitees is liable for any act or omission of Borrower or any other person or entity in connection with the ownership, sale, operation or development of the Property. 9.5 Attorneys' Fees. If any lawsuit, reference or arbitration is commenced which arises out of, or which relates to this Agreement, the Loan Documents, the Loan or the Bonds, including any alleged tort action, regardless of which party commences the action, the prevailing party will be entitled to recover from each other party such sums as the court, referee or arbitrator may adjudge to be reasonable auomeys' fees in the action or proceeding, in addition to costs and expenses otherwise allowed by law. Any attorneys' fees incurred by either party in enforcing a judgment in its favor under this Agreement will be recoverable separately from and in addition to any other amount included in the judgment, and the attorneys' fees obhgation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any judgment. In all other situations, including any bankruptcy or other voluntary or involuntary proceeding, in or out of court, for the adjustment of debtor-creditor relationships, Borrower agrees to pay all of Bond Holder's costs and expenses, including attorneys' fees, that may be incurred in any effort to collect or enforce the Loan or any pan of it or any term of any Loan Document. Attorneys' fees include the allocated costs for services of in-house counsel. 9.6 Heirs, Successors and Assigns. The terms of this Agreement bind and benefit the heirs, legal representatives, successors and assigns of the parties; provided, however, that Borrower may not assign this Agreement without the prior written consent ,7( Bond Holder. Bond Holder has the right to transfer, pledge, assign, negotiate or otherwise hypothecate any of its rights and security hereunder, under the Bonds and under the other Loan documents, subject to the provisions of the Indenture, to any other persons or entities without the consent of or notice to Borrower, and Borrower will accord full recognition thereto. Without the consent of or notice to Borrower, Bond Holder may disclose to any prospective purchaser of any securities issued by Bond Holder, and to any prospective or actual purchaser of any interest in the Bonds or any other loans made by Bond Holder to Borrower, any financial or other information relating to Borrower, the Loan or the Property. 9.7 Internrelation. The language of this Agreement must be construed as a whole according to its fair meaning, and not strictly for or against any party. The word "include(s)" means "include(s), without limitation," and the word "including" means "including, but not limited to." 9.8 Bond Holder' s Actions. The authority herein conferred upon Bond Holder and any action taken by Bond Holder or by Trustee at Bond Holder's direction hereunder or in any other Loan Document will be taken by Bond Holder, or Trustee on behalf of Bond Holder, for Bond O03063'~UPPAGMT.3 03/19/96 33 Holder's protection only, and neither Bond Holder nor Trustee may be deemed to have assumed any responsibility to Borrower or to any other person or persons with respect to any such action heroin authorized or taken by Bond Holder or Trustee at Bond Holder's direction. No person may rely upon, or claim to have relied upon, any action taken or failed to have been taken by Bond Holder or Trustee at Bond Holder's direction or any of its representatives. 9.9 Miscellaneous. This Agreement may not be modified or amended except by a written agreement signed by the parties. The invalidity or unenforceability of any one or more provisions of this Agreement in no way may affect any other provision. If Borrower consists of more than one person or entity, each will be jointly and severally liable to Bond Holder for the performance of this Agreement and the other Loan Documents. Time is of the essence in the performance of this Agreement and the other Loan Documents. This Agreement is govemed by California law. This Agreement may be executed in one or more counterparts, each of which will, for all purposes, be deemed an original and all counterparts taken together constitute one and the same instrument. 9.10 Integration and Relation to Loan Commitment. The Loan Documents fully state all of the terms and conditions of the parties' agreement regarding the matters mentioned in or incidental to this Agreement. The Loan Documents supersede all oral negotiations and prior writings concerning the subject matter of the Loan Documents, including any loan commitment issued to Borrower. 9.11 Actions. Bond Holder has the right, but not the obligation, to commence, appear in, and defend any action or proceeding which might affect its security or its rights, duties or liabilities relating to the Loan, the Property, or any of the Loan Documents. Borrower must pay promptly on demand all of Bond Holder's reasonable out-of-pocket costs, expenses, and legal fees and expenses of Bond Holder's counsel incurred in those actions or proceedings. 9.12 Publicity. Borrower hereby agrees that Bond Holder, at its expense, may publicize the financing of the Property and, in connection therewith, may use the address, description and a photograph or other illustrative drawing of the Property. 9.13 Relationshins with Other Bond Holder Customers. From time to time, Bond Holder may have business relationships with Borrower's customers, suppliers, contractors, tenants, partners, shareholders, officers or directors, with businesses offering products or services similar to those of Borrower, or with persons seeking to invest in, borrow from or lend to Borrower. Borrower agrees that in no event may Bond Holder be obligated to disclose to Borrower any information conceming any other Bond Holder customer. Borrower further agrees that Bond Holder may extend credit to those parties and may take any action it may deem necessary to collect any such credit, regardless of any effect the extension or collection of such credit may have on Borrower's financial condition or operations. 9.14 Loan Commission. Bond Holder is not obligated to pay any brokerage commission or fee in connection with or arising out of the Loan. Borrower must pay any and all brokerage commissions or fees arising out of or in connection with the Loan. 9.15 Termination of A~reement. Other than (a) indemnification provisions, including indemnification provisions and agreements in Article 5, (b) Section 4.1.J, and (c) Section 9.4, this Agreement will terminate and will be of no further force or effect upon the receipt by Trustee of any and all fees and expenses owed it hereunder or under the Indenture and by Bond Holder of all principal and interest due under the Bonds and other mounts payable under or with respect to the Bonds, under this Agreement or the other Loan documents, including any Redemption Premium, upon the written direction of Bond Holder. Upon such termination, Bond Holder will execute documentation confirming such termination. 9.16 Role of Trustee. For purposes of this Agreement, the Loan Documents, the Loan Agreement, and any documents relating thereto, for such time as this Agreement has not been terminated and Bond Holder remains a Majority Owner (as defined in the Indenture), then Bond Holder will direct Trustee as to the exercise of any right, remedy, trust or power conferred under this Agreement, the Loan Agreement, the Loan Documents and any documents relating thereto. Trustee will not take any action hereunder whatsoever without receipt of written direction from Bond Holder. If Trustee does not receive any written direction from Bond Holder, Trustee may not take any further action pending receipt of such direction. Trustee may refuse to follow any direction that conflicts with law, or this Agreement, or the Indenture, or (unless Trustee has been provided with indemnity satisfactory to it in its sole discretion) that may result in personal liability to Trustee. 9.17 Effect of this A~reement. A. Borrower, Issuer, Bond Holder and Trustee agree that each of the Note, the Deed of Trust and the Loan Agreement is amended by this Agreement so that all of the provisions, agreements, representations and warranties set forth in this Agreement are incorporated by reference into the Note, the Deed of Trust and the Loan Agreement, as applicable. Borrower, Issuer, Bond Holder and Trustee agree that to the extent that the provisions of any of the Note, Deed of Trust or Loan Agreement (other than Section 4.03 with respect to Borrower's recourse obligations to Issuer, Section 9.03 and the last paragraph of Section 4.04 of the Loan Agreement) conflict with or are in any manner inconsistent with the provisions of this Agreement, the provisions of this Agreement will control. B. Issuer is entering into this Agreement for the limited purpose of recognizing the foregoing incorporation by reference and control, but nothing contained herein is intended to expand the duties or obligations of Issuer under the Indenture, Loan Agreement or other Loan Documents to which it is a party or to limit the rights of Issuer thereunder. Issuer's approval shall not be required for any consent, approval or waiver under this Agreement. All obligations of Issuer incurred hereunder shall be special, limited obligations of Issuer, payable solely and only from the funds and accounts pledged therefor under the Indentore. C. All representations, warranties and covenants made by Issuer in the Indenture for the benefit of Trustee are hereby incorporated by reference for the benefit of Bond Holder. All representations, warranties and covenants made by Borrower in the Indenture or the Loan Agreement 003063~SUPPAGMT.3 03/19196 35 for the benefit of either Issuer or Trustee are hereby incorporated by reference for the benefit of Bond Holder. D. Notwithstanding any other provision in this Agreement, this Agreement will not terminate until Trustee and Issuer have received a written opinion of Bond Counsel (as defined in the Indenture) to the effect that termination of this Agreement, in and of itseli', will not cause the interest on the Bonds to become includable in the gross income of the holders of the Bonds for federal and state income tax purposes under applicable law in effect on the date of such opinion. 9.18 Survival of Defeasance. Notwithstanding anything in this Agreement to the contrary, the obligation to remit the rebate and to comply with all other requirements contained in this Agreement pertaining to the tax-exempt of Bank Qualified status of the Loan shall survive the defeasance of the Loan. 003063XA~UppAGMT.3 03119/96 36 IN WITNESS WHEREOF, Borrower, Bond Holder, Issuer and Trustee have caused this Agreemenl to be executed by their duly authorized representatives as of the day, month and year first above written. "BORROWER" THE COACHELLA VALLEY HOUSING COALITION, a California non-profit public benefit corporation By: Name: Title: By: Name: Title: Address: The Coachella Valley Housing Coalition 45-701 Monroe Street, Suite G Plaza 1, Indio, CA 92201 AIm: Executive Director "ISSUER" REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Name: Title: Executive Director Address: Redevelopment Agency of the City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: Executive Director C~3063xSUppAGMT.3 03/19/96 37 "TRUSTEE" FIRST TRUST OF CALIFORNIA, NATIONAL ASSOCIATION, a national banking association, as trustee under the Indenture By: Name: Title: By: Name: Title: Address: First Trust of California, National Association 550 South Hope Street, Suite 500 Los Angeles, CA 90071 Attn: Corporate Trust Administrator "BOND HOLDER" BANK OF AMERICA, FSB, a Federal Savings Bank By: Name: Tifie: By: Name: Title: Address: Attn: 003063k~jPpAGMT.3 o3/~9s~ 38 EXHIBIT A LEGAL DESCRIPTION EXHIBIT B PERMiTt't~D ENCUMBRANCES EXHIBIT C SUMMARY OPINIONS OF COUNSEL BORROWER'S COUNSEL (a) To the best of its knowledge, there is no litigation or administrative proceeding pending or threatened against Borrower in any way contesting or affecting any authority for the issuance of the Bonds, the validity of the Bonds or the federal tax exempt status of interest on the Bonds, or to restrain or enjoin the transactions contemplated by the Bond Documents, or questioning the validity thereof, or in any way contesting the existence or the powers of the Borrower, or in which an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by the Bond Documents; (b) The amendments (and previous amendments) to the bond documents did not and do not conflict with or constitute a default under original bond documents. This opinion may be given as pan of another opinion to the extent Bond Holder determines that this opinion is subsumed by such other opinion. BOND COUNSEL (a) Bonds, as originally issued and as amended, are tax-exempt under federal and state law; (b) Issuer has authority to execute and deliver all issuer documents (including the Bonds) under California law; (C) The issuer documents (including the Bonds) have been duly authorized and when executed and delivered will constitute valid and legally hiding instruments enforceable in accordance with their terms [except....]; (d) All interest on the Bonds (as restmctured) is excludable from gross income for federal income tax purposes; not subject to "alternate minimum tax"; (e) The issuer documents and compliance with thereof do not and will not conflict with or constitute on the pan of issuer a breach of or default under any existing law, ordinance, resolution or administrative regulation or court order or consent decree to which the Issuer is subject; (f) "Bank-Qualified." O030~3~'UppAGMT.3 03119/96 Be 1 EXHIBIT D CERTIFICATES OF ISSUER AND BORROWER 1. No Arbitrage. The Bonds are not and will not be pan of a transaction or series of transactions that attempts to circumvent the arbitrage provisions of Section 148 of the Code, or any successor thereto, and the applicable regulations promulgated thereunder, (i) enabling Issuer or any related person to exploit the difference between m-exempt and taxable interest rates to gain a material financial advantage, and (ii) increasing the burden on the market for m-exempt obligations in any manner, including without limitation, by selling Bonds that would not otherwise be sold or selling more Bonds, or issuing them sooner, or allowing them to remain outstanding longer, than would otherwise be necessary. 2. Rebate of Excess Investment Earninas to United States. Issuer hereby covenants to comply with the requirement to rebate excessive earnings to the federal government in accordance with rebate requirements of Section 148(f) of the Code. Issuer and Borrower will prepare or have prepared calculations of the rebate requirement consistent with the rules described in this provision. Issuer and Borrower will prepare a calculation of the rebate requirement in advance of the date that payments to the United States Department of the Treasury are required as hereinafter provided. Concurrently with the submission of such calculations, Borrower shall transfer to Issuer for deposit in a rebate fund the amount indicated by those calculations as necessary to increase the sum held therein to the amount of the rebate requirement or, ff appropriate, direct Issuer to decrease the sum held in the rebate fund to the amount of the rebate requirement and to return the excess, if any, to Borrower. For purposes of calculating the rebate requirement (i) the aggregate amount eamed with respect to a Nonpurpose Investment (as defined in the Code) shall be determined by assuming that the Nonpurpose Investment was acquired for an amount equal to its fair market value at the time it becomes a Nonpurpose Investment, and (ii) the aggregate amount earned with respect to any Nonpurpose Investment shall include any unrealized gain or loss with respect to the Nonpurpose Investment (based on the assumed purchase price at fair market value and adjusted to take into account amounts received with respect to the Nonpurpose Investment and eamed original issue discount or premium) on the first date when no Bonds allocated to Borrower remain outstanding or when the investment ceases to be a Nonpurpose Investment. Issuer shall pay to the United States Department of the Treasury from the Rebate Fund (i) not later than sixty (60) days after the end of each five-year period a payment equal to ninety percent (90%) of the Rebate requirement with respect to the Bonds, calculated as of the end of such five- year period; and (ii) not later than sixty (60) days after the first date when no portion of the Bonds remain outstanding, an amount equal to one-hundred percent (100%) of the rebate requirement (determined as of the first date when no portion of the Bonds remains outstanding) plus any income attributable to such rebate requirement. 003063x,~JppAGM'F3 oangs~ 42 Each payment required to be made pursuant hereto shall be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255, on or before the date such payment is due, and shall be accompanied by Form 8038-T. Issuer will ensure that records are retained of the calculations required by this section until six (6) years after the retirement of the last of the Bonds. 3. Federal Guarantee Prohibition. Issuer will not directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of Issuer and Borrower or take or omit to take any action that would cause the Bonds to be an obligation which is "federally guaranteed" within the meaning of Section 149(b) of the Code. In furtherance to this covenant, Issuer and Borrower will not allow the payment of the principal or interest with respect to the Bonds to be guaranteed (directly or indirectly) in whole or in part by the United States or any agency or instrumentality thereof. Issuer and Borrower also will not, except as provided in the next sentence, use five pement (5%) or more of the proceeds of the Bonds to make loans the payment of the principal or interest with respect to which are guaranteed in whole or in part by the United States or any agency or instrumentality thereof, nor will either of them invest five percent (5%) or more of the proceeds in federally insured deposits or accounts. 003063'~UPPAGMT.3 03119/~6 43 APPROVAL ~Q WAGER CITY OF TEMECULA AGENDA REPORT TO: FROM: DATE: SUBJECT: City Council Ronald E. Bradley, City Manager March 26, 1996 Rancho West Apartments Proposed Tax-Exempt Financing PREPARED BY: Genie Roberts, Director of Finance RECOMMENDATION: That the City Council: Hold a public hearing on the proposed issuance of tax-exempt bonds by the Redevelopment Agency of the City of Temecula to finance the purchase and rehabilitation of Rancho West Apartments; and 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE PURPOSE OF PROVIDING FINANCING FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE OWNED BY THE COACHELLA VALLEY HOUSING COALITION BACKGROUND: The Coachella Valley Housing Coalition ("CVHC") has requested that the Redevelopment Agency issue and sell tax-exempt revenue bonds for the purpose of making a loan to CVHC to enable CVHC to acquire and rehabilitate the Rancho West Apartments. in order for the bonds to be tax-exempt, the Internal Revenue Code requires the "applicable elected representative" with respect to the Redevelopment Agency hold a public hearing on the issuance of the bonds and approve the issuance of the bonds following such hearing. The Redevelopment Agency has determined that the City Council of the City is the "applicable elected representative" to hold said public hearing. Notice of a public hearing by the City Council has been duly published as required by law, and the City Council is now requested to hold the public hearing, and allow interested persons an opportunity to be heard on all matters relative to the location, operation and financing of the apartments and the Redevelopment Agency's issuance of the bonds. R:tNORTONLL4GENDAStCVHC. AGN 03/18/96 Following the public nearing, the City Council is requested to adopt a resolution approving the issuance of the bonds by the Redevelopment Agency. The bonds will be limited obligations of the Redevelopment Agency payable solely from revenues of the apartment project. The City will have no obligation whatsoever with respect to the bonds. FISCAL IMPACT: None Attachments: Resolution Approving Agency's Issuance of Revenue Bonds R:INORTONLIAGENDAS'ICVHC. AGN 03/18/96 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA FOR THE PURPOSE OF PROVIDING FINANCING FOR A MULTIFAMILY RENTAL HOUSING DEVELOPMENT TO BE OWNED BY THE COACHELLA VALLEY HOUSING COALITION WHEREAS, the Redevelopment Agency of the City of Temecula (the "Agency") is authorized by Chapter 7.5 of Park 1 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Act"), to issue and sell revenue bonds for the purpose of providing loans to nonprofit organizations for housing purposes specified in the Act; and WHEREAS, Coachella Valley Housing Coalition, a California nonprofit public benefit corporation (the "Borrower") has requested that the Agency issue and sell revenue bonds (the "Bonds") under the Act for the purpose of making a loan to the Borrower to enable the Borrower to acquire and rehabilitate a 150-unit multifamily housing rental apartment development known as Rancho West Apartments located in the City of Temecula (the "Development"); and WHEREAS, a portion of the housing units in the Development will be rented to persons and families of very low income as required by the Act and the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAS, the Bonds will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Code, and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Agency hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Agency has determined that the City Council of the City is the "applicable elected representative" to hold said public heating; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held such public heating at which all interested persons were given an opportunity to be heard on all matters relative to the location, operation and financing of the Development and the Agency's issuance of the Bonds therefore; and WHEREAS, it is in the public interest, for the public benefit and in furtherance of the public purpose of the City that the City approve the issuance of the Bonds by the Agency for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Temecula as follows: Section 1. The City Council of the City of Temecula hereby approves the issuance of the Bonds by the Agency under the Act and the Code for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to finance the Development. Section 2. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula, at a regular meeting held on the 261h day of March, 1996. ATTEST: Karel F. Lindemans, Mayor June S. Greek, City Clerk, CMC STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 96-_ was duly adopted at a regular meeting of the City Council of the City of Temecula on the 26th day of March, 1996, by the following roll call vote: AYES: NAYS: ABSENT: ABSTAINED: COUNCILMEMBERS: COUNCILMEMBERS; COUNCILMEMBERS: COUNCILMEMBERS: June S. Greek, City Clerk, CMC TO: FROM: DATE: SUBJECT: CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director March 26, 1996 Planning Application No. PA96-0019 (Specific Plan Amendment) and Planning Amendment) - "Temeku" No. 199 - Zoning Application No. PA96-0020 (General Plan Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96- 0019, CHANGING THE SPECIFIC PLAN LAND USE DESIGNATION FROM VERY HIGH DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96- 0020, CHANGING THE GENERAL PLAN LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY Read by title only and introduce an ordinance entitled: ORDINANCE NO, 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96- 0019, ZONING AMENDMENT, AMENDING THE TEXT WITHIN SPECIFIC PLAN NO. 199 TO DELETE THE RETIREMENT ORIENTED HOUSING RESTRICTION, AMEND DEVELOPMENT STANDARDS FOR PLANNING AREAS NO. 38 AND 40 AND DELETE REFERENCES TO THE COUNTY OF RIVERSIDE ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY BACKGROUND The Zoning Amendment proposes the removal of the "Retirement Oriented Housing"' restriction. Further, the Amendment proposes that language contained in the Specific Plan zoning for Planning Areas No. 38 and 40 be deleted and replaced with standards and uses that would be compatible with Medium Density Residential Uses (reference Attachment No. 4). Lastly, language in the Specific Plan is being modified to reflect the City of Temecula, not Riverside County, The project is also an amendment to the City of Temecula General Plan Land Use Map from High Density Residential (13-20 dwelling units per acre) to Medium Density Residential (7-12 dwelling units per acre) for Planning Areas No. 38 and 40 of Specific Plan No. 199. The Planning Commission considered the project on March 4, 1996 and recommended approval of the project by a 5-0 vote. FISCAL IMPACT None. Attachments: City Council Resolution No. 96- - Page 3 Exhibit A - Conditions of Approval - Page 7 City Council Resolution No. 96-__ - Page 9 City Council Ordinance No. 96- o Page 13 March 4, 1996 Planning Commission Staff Report - Page 17 R:\STAFFRPT\lgpA96.CC 3/11/96 klb 2 ATTACHMENT NO. 1 RESOLUTION NO. 96- R:\STAFFRY~lgPAgd. CC 3111/96 k~ ~3 ATTACHMENT N0. 1 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0019, CHANGING THE SPECIFIC PLAN LAND USE DESIGNATION FROM VERY HIGH DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY WHEREAS, McMillen Project Services, Inc. fried Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an oppormhity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment); WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA96-0019 on March 26, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA96-0019; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA96-0019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TENIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. A. The City Council in approving Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment), makes the following findings, to wit: R:\STAFFrRPTH9PA96.CC 3/11/96 klb 4 1. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendmen0, as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. 3. The project is compatible with surrounding land uses. The project consists of the removal of the Retirement Oriented Housing Restriction on Village "A" of Specific Plan No. 199 - Margarita Village. Ultimate development of the site will be residential development in an area that is comprised of a variety of sizes of residences. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (lh';IR) will be applied to this project. Section 3. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staff' s opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA96-0019 - Zoning Amendment, Specific Plan) on property generally located north of Rancho California Road, east of Margarita Road, south of La Serena Way and west of Meadows Parkway, subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFF!~T~I9PA96.CC 3/11/96 klb 5 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFR/>T~IgPA96.CC 3111/96 klb 7 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) Project Description: Amend Specific Plan No. 199 (Margarita Village), removing the Retirement Oriented Housing Restriction from Village "A" Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA96-0019 (Zoning Amendment - Specific Plan No. 199) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action, Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. The applicant shall comply with all underlying conditions of approval for Specific Plan No. 199, and its amendments, unless superseded by these conditions of approval. 3. The amendment to the Specific Plan text shall conform with Attachment No. 3. 4. The amendment to the Specific Plan Ordinance shall conform with Attachment No. 4. Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment 5. The applicant shall submit the Amended Specific Plan text to the Planning Department. R:'~STAFFRPT~19PA96.CC 3/II/96 ~db ~ ATTACHMENT NO. 2 RESOLUTION NO. 96- ]I:\STAFFP,~T~IgPA96.CC 3/11/9~ klb 9 ATrACHNIENT NO. 2 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0020, CHANGING TIlE GENERAL PLAN LAND USE DESIGNATION FROM HIGH DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY WHEREAS, McMillen Project Services, Inc. fried Planning Application No. PA96-: 020 (General Plan Amendment) in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0020 (General Plan Amendment) was processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered Planning Application No. PA96-0020 (General Plan Amendment) on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0020 (General Plan Amendment); WItEREAS, the City Council conducted a public heating pertaining to Planning Application No. PA96-0020 on March 4, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA96-0020; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA96-0020; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. A. The City Council approving Planning Application No. PA96-0020 (General Plan Amendment), makes the following fmdings, to wit: R:\STAFFRPT\19PA96.CC 3/11/96 klb 10 I. Planning Application No. PA96-0020 (General Plan Amendmen0, as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0020 (General Plan Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformante with Specific Plan No. 199 - Margaxita Village. 3. The project is compatible with surrounding land uses. The project consists of an amendment to the General Plan Land Use Plan for Planning Areas No. 38 and 40 of Specific Plan No. 199 - Margarita Village from High Density Residential to Medium Density Residential. Ultimate development of the site will be residential development in an area that is comprised of a variety of sizes of residences. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (I~IR) will be applied to this project. Section 3. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staffs opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the ErR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA96-0020 - General Plan Amendment) on property generally located north of Rancho California Road, east of Margarita Road, south of La Serena Way and west of Meadows Parkway. R:\STAFFRPTX19pA96.CC 3/11/96 lab 'l 'l Section 5. PASSED, APPROVED AND ADOPTED this 261h day of March, 1996. Kaxel F. Lindemans, Mayor ATrEST: June S. Greek, City Clerk [SEALI STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 261h day of March, 1996 by the following vote of the Council: AYES: CITY COUNCILMEMBERS: NOES: CITY COUNCILMEMBERS: CITY COUNCILMEMBERS: June S. Greek, City Clerk R:\STAFFRPT~19PA96.CC 3/11/96 klb '~ 2 ATTACHMENT NO. 3 ORDINANCE NO. 96- R:\STAFFRPT~lgPA96.CC 3/11/96 k~b 13 ATFACHMENT NO. 3 ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0019, ZONING AMENDNIF. NT, AMENDING THE TEXT WITIIIN SPECIFIC PLAN NO. 199 TO DELETE THE RETIREMENT ORIENTED HOUSING RESTRICTION, A1VIF. ND DEVELOP1VIF. NT STANDARDS FOR PLANNING AREAS NO. 38 AND 40 AND DELETE REFERENCES TO THE COUNTY OF RIVERSIDE ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTII OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City Council in approving the proposed Zoning Amendment - Specific Plan No. 199, makes the following findings, to wit: 1. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendmen0, as proposed, is compatible with the health, safety and weftare of the community. 2. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning AmendmenO is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. 3. The project is compatible with surrounding land uses. The project consists of the removal of the Ret'nrement Oriented Housing Restriction on Village "A" of Specific Plan No. 199 - Margarita Village. Ultimate development of the site will be residential development in an area that is comprised of a variety of sizes of residences. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. R:XSTAFFRFI~IgPA96.CC 3111196 klb ~ ~r Section 2. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staff's opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 3. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA96-0019 - Zoning Amendment, Specific Plan No. 199) on property generally located north of Rancho California Road, east of Margarita Road, south of La Serena Way and west of Meadows Parkway. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 5. PASSED, APPROVED, AND ADOPTED this 261h day of March, 1996. A'I'fF_.iST: Karel Lindemans, Mayor June S. Greek, City Clerk [SEAL] R:\STAFFRFl~19PA96.C,~ 3/11/96 klb ~ 5 STATE OF CALIFORNIA COLrNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No, 96- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 261h day of March, 1996, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 261h day of March, by the foilowing roll call vote: AYES: COLrNCILMEVIBERS NOES: COUNCH~MEMBERS COUNCILMEMBERS June S. Greek, City Clerk R:\STAFFRPT\19PA96.CC 3/11/96 rib 16 ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT: MARCH 4, 1996 R:\STAFFRP~IgPA96.CC 3111196 klb 17 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 4, 1996 Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) Planning Application No. PA96-O020 (General Plan Amendment) - "Temeku' Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 96- recommending approval of PA96-0019 (Specific Plan No. 199 - Zoning Amendment) based upon the Analysis and Findings contained in the Staff Report, subject to the attached conditions of approval; and ADOP]' Resolution No. 96- recommending approval of PA96-0020 (General Plan Amendment) based upon the Analysis and Findings contained in the Staff Report. APPLICATION INFORMATION APPLICANT: McMillen Project Services, Inc. REPRESENTATIVE: T&B PROPOSAL:, Amendment to Specific Plan No. 199 (Margarita Village) removing the Retirement Oriented Housing Restriction; changing the land use designation from very-high density residential to medium-high density residential for Planning Areas No. 38 and 40; providing amended development standards for these Planning Areas and replacing references to Riverside County in the text; and an amendment to the City of Temecula General Plan Land Use Map from High Density Residential to Medium Density Residential for Planning Areas No. 38 and 40 of Specific Plan No. 199 LOCATION: North of Rancho California Road, east of Margarita Road, South of La Serena Way and west of Meadows Parkway EXISTING ZONING: Specific Plan it:~qTAFFRF~I9PA96.PC 7/73/96 vlw 1 PROJECT STATISTICS Total Area - Village "A": 472 acres. Existing Dwelling Units Allowed: 2,000 Proposed Number of Dwelling Units: 1,666 BACKGROUND Specific Plan No. 199 - Margarita Village was approved by the County Board of Supervisors in 1988. Vesting Tentative Tract Maps (VTTM 23371, V~ ~ M 23372 and VTTM 23373) were originally approved in 1988 for Village "A" of Specific Plan No. 199. Village "A" comprises the "Temeku" portion of the Specific Plan and was approved as "Retirement Oriented Housing." The final map for V I I M 23371 has been divided into fifteen phases. Five (5) of the phases have been recorded. Based upon Staff's research, V ~ ~ M 23371 expired in 1995. Both VTTM 23372 and V l rM 23373 have three one year extensions of time granted by the City of Temecula. There has been litigation on this project for several years and subsequently, the project was put on hold. Due to this litigation, VTTM 23372 and V ~ ~ M 23373 have been granted an extension of time and both maps will expire in 1998. Since all underlying maps are Vesting Tentative Tract Maps they have approved residential products. The subject applications were submitted to the Planning Department on February 7, 1996. Because of limited scale of the changes to the project, no Development Review Committee (DRC) meeting was held. PROJECT DESCRIPTION Plannine Aoolication No. PA96-0019 (Specific Plan No. 199 - Zonina Amendment) The Zoning Amendment proposes the removal of the "Retirement Oriented Housing" restriction. Further, the Amendment proposes that language contained in the Specific Ran zoning for Planning Areas No. 38 and 40 be deleted and replaced with standards and uses that would be compatible with Medium Density Residential Uses (reference Attachment No. 4). Lastly, language in the Specific Plan is being modified to reflect the City of Temecula, not Riverside County. Rannina Aoolication No. PA96-0020 (General Plan Amendment) An Amendment to the City of Temecula General Plan Land Use Map from High Density Residential ( 13-20 dwelling units per acre) to Medium Density Residential (7-12 dwel ling units per acre) for Planning Areas No. 38 and 40 of Specific Plan No. 199. ANALYSIS Removal of the "Retirement Oriented Housino" Restriction The applicant is requesting that the "Retirement Oriented Housing" restriction be removed. This restriction was included on the project as part of the overall plan for Margarita Village. Staff met with the applicant prior to their purchase of the property and expressed that the City would support the removal of the age restriction. The removal of the age restriction is also · :~TAFFRP~I9pA96.PC ~ ~ 2 a condition of purchase between parties and must be fulfilled prior to escrow closing for the purchase of the property by McMillen Project Services, Inc. Traffic The applicant has conducted a focused traffic analysis to determine the overall effect to traffic from changes to the originally approved project (reference Attachment No. 5). Traffic generated by the retirement component of the Plan is less than that of non-retirement. The analysis concludes that the reduction in density plus the removal of the age restriction would result in less traffic generation and less traffic impact than is currently contemplated in the General Plan Circulation Element. Effect of General Plan Amendment on the Citv's Housino Element The City of Temecula's Housing Element was certified by the State of California when the General Plan was adopted in 1993. Changes to the Land Use Map may result in potential changes to the approved Housing Element. With a reduction in density in Planning Areas No. 38 and 40, the potential exists to effect the City's Housing Element, EXISTING ZONING AND GENERAL PLAN DESIGNATION Current zoning of the project site is SP (Specific Plan). The project is not requesting to change this designation. The General Plan Land Use Designation for Planning Areas No. 38 and 40 is currently High Density Residential (13-20dwelling units per acre). Planning Application No. PA96-0020 is a request to change the designation to Medium Density Residential (7-12 dwelling units per acre). ENVIRONMENTAL DETERMINATION Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staff's opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. SUMMARY/CONCLUSIONS The project is a proposal to amend Specific Plan No. 199 (Margarita Village) removing the Retirement Oriented Housing Restriction; changing the land use designation from very high density residential to medium-high density residential for Planning Areas No. 38 end 40; providing amended development standards for these Planning Areas and replacing references to Riverside County in the text. The project also proposes an Amendment to the City of Temecula General Plan Land Use Map from High Density Residential to Medium Density Residential for Planning Areas No. 38 and 40 of Specific Plan No. 199. FINDINGS Plannine Aoolication No. PA96-0019 (Soecific Plan No. 199- Zonina Amendment) Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment), as proposed, is compatible with the health, safety and welfare of the community. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. The project is compatible with surrounding land uses. The project consists of the removal of the Retirement Oriented Housing Restriction on Village "A" of Specific Plan No. 199 - Margarita Village. Ultimate development of the site will be residential development in an area that is comprised of a variety of sizes of residences, The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Plannine Aoolication No. PA96-0020 (General Plan Amendment) Planning Application No. PA96-0020 (General Plan Amendment), as proposed, is compatible with the health, safety and welfare of the community. Planning Application No. PA96-0020 (General Plan Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. The project is compatible with surrounding land uses. The project consists of the an amendment to the General Plan Land Use Plan for Planning Areas No. 38 and 40 of Specific Plan No. 199 - Margarita Village from High Density Residential to Medium Density Residential. Ultimate development of the site will be residential development in an area that is comprised of a variety of sizes of residences. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the i:~TAFFRPT~!ePA96.PC 2/2~96 vlw 4 impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Attachments: 3, 4, 5, 6, PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 10 PC Resolution - Blue Page 12 Proposed Specific Plan Text Changes - Blue Page 16 Proposed Specific Plan Ordinance Changes - Blue Page 17 Traffic Letter from Wilbur Smith Associates - Blue Page 18 Exhibits - Blue Page 19 A. Vicinity Map B. Zoning Map C. General Plan Map D. Existing Specific Plan Land Use E. Proposed Specific Plan Land Use ]t:~TA, FFF, l~I9PA96,PC 2/28/96 vlv 5 ATTACHMENT NO. 1 RESOLUTION NO. 96- ~TA,g!~,PT~!9pA96.P~ ~ vl~ 6 ATFACI-IMEANT NO. 1 RF-qOLUTION NO. 96- A RF~OLUTION OF THE PLANNING COMMISSION OF THE Cx'I'~ OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. PA96-0019 (SPECIFIC PLAN NO. 199 - ZONING AMENDMENT) ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGAR1TA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY WHEREAS, McMillen Project Services, Inc. fried Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) in accordanc~ with the City of Temecula General Plan and Riverside County land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. P A96-0019 (Specific Plan No. 199 - Zoning Amendment) on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WFIEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0019 (Specific Han No. 199 - Zoning Amendment); NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TE1VIECULA DOES RI'-qOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Fjt!dAD.~ A. The Planning Commission in recommending approval of Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment), makes the following findings, to wit: 1. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendmen0, as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformante with Specific Plan No. 199 - Margarita Village. Rzk~TAFFRF~I9PA96,PC 2J7~/96 ~ 7 3. The project is compatible with surrounding land uses. The project consists of the removal of the Retirement Oriented Housing Res~ction on Village ' A ' of Specific Plan No. 199 - Margarita Village. Ultimate development of the site will be residential development in an area that is comprised of a variety of ~i~.-s of residences. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Repon (EIR) will be applied to this project. Section 3. Environmental Compliance. Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staff's opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes avnilable. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions, That the City of Temecula Planning Commission hereby recommends approval of planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) on property generally located north of Rancho California Road, east of Margarita Road, south of La Serena Way and west of Meadows Parkway, subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:~'rAFIrRFBIgPA~.I~:~ ~ ~t 8 Section 5. PASSED, APPROVED AND ADOPTED this 4th day of March, 1996. CHAIRMAN I IP~REBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 4th day of March, 1996 by the following vote of the Commission: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: DEBBIE UBNOSKE SECRETARY ~:WrAFFRrfi19PA96.PC ~ ~ 9 EXHIBIT A CONDITIONS OF APPROVAL ~ASTAFFRPI~I9PA96.PC 2/28/96 vgw 10 CFFY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) Project Description: Amend Specific Plan No. 199 (Margarita Village), removing the Retirement Oriented Housing Restriction from Village san Approval Date: Expiration Date: PLANNING DEPART1VIF_EI General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, sot aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA96-0019 (Zoning Amendment - Specific Plan No. 199) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et 1.~I., including but not by the way of limitations Section 21152 and 21167). City shall promp~y notify the developer/applicant of any claim, action, or procc~_d__ing brought within this time period. City shall further cooperate fully in the defenso of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. The applicant shall comply with all underlying conditions of appwval for Specific Plan No. 199, and its amendments, unless superseded by these conditions of approval. 3. The amendment to the Specific Plan text shall conform with Attachment No. 3. 4. The amendment to the Specific Plan Ordinance shall conform with Attachment No. 4. Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment 5. The applicant shall submit the Amended Specific Plan text to the Planning Department. R:~I'AFFRF~I9pA96.PC 7.F~f96 ~ '[ '~ ATTACHMENT NO. 2 RESOLUTION NO. 96- it:~'rAFFit.F~IgPA96.PC ~ ~ 12 A'FrACHM~NT NO. 2 RESOLUTION NO. 96- A RF-~OLUTION OF THE PIANNING COMMISSION OF THE CITY OF TEMECULA RECOIVIMF_a'~ING APPROVAL OF PLANNING APPLICATION NO. PA96-0020, CHANGING THE GENERAL PLAN LAND USE DESIGNATION ON PLANNING AREAS NO. 38 AND 40 OF SPECIFIC PLAN NO. 199 FROM HIGH DENSITY ]~'-~IDENTIAL (13-20 DWRLL~I'G UNITS PER AC~R) TO I~qRnlUM DENSITY RESIDENTIAL (7-12 DWF. LL~IG UNITS PER ACRE) ON PROPERTY GENERA LLy LOCATED NORTH OF RANCHO C.ALWORNIA ROAD, FAST OF MARGAR1TA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MFADOWS PARKWAY WHEREAS, McMillen Project ServLt'e_s, Inc. fled Planning Application No. PA96-0020 (General Plan Amendment) in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0020 (General Plan Amendment) was processed in the time and manner prescribed by Start and local law; WHEREAS, the Planning Commission considered Planning Application No. PA96-0020 (General Plan Amendment) on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA9ry0020 (General Plan Amendment); NOW, T!~'~RRFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECUIA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correa. Section 2. ~ A. The Planning Commission in recommending approval of Planning Application No. PA96-0020 (General Plan Amendment), makes the following findings, to wit: 1. Planning Application No. PA96-0020 (General Plan Amendment), as proposed, is compatible with the health, safety and welfare of the community. I:~S'rAPF~FI~lgPA96.PC ~ qw 13 2. Planning Application No. PA96-0020 (General Plan Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. 3. The project is compatible with surrounding land uses. The project consists of an amendment to the General Plan Land Use Plan for Planning Areas No. 38 and 40 of Specific Plan No. 199 - Margarita Vill~_~e from High Density R~denfial to Medium Density Residential. Ulfimat~ development of the siZ will be residential development in an ar~a that is comprised of a variety of sizes of residences. 4. The proposal will not have an adverse effect on stujoanding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts a.~ociated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measores prepared for this Environmental Impact Report ('1~) will be applied to this project. Section 3. EnvironmenP~l Compliance. Environmental Impact Pepon No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. h has been eight (8) years since the environmental analysis was performed for this project. It is StafPs opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the pip,; substantial changes occur with respect to circumstance under which the project is being tmderknltan "which will require major revisions in the E1R; or, new information, which was not known at the time of the ~ was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. PASSED, APPROVED AND ADOFrED this 4th day of March, 1996. CHAIRMAN I HEREBY CERTIFY that the foregoinZ Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 4th day of March, 1996 by the following vot~ of the Commi-~ion: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: DEBBIE UBNOSKE SECRETARY A'i-i'ACItIVIENT NO. 3 PROPOSED SPECIFIC PLAN TEXT CHANGES · :~TAFFRP~I9PAg~.Iq~ 2/28~6 qw 'J 6 Proposed Specific Plan Changes The following is a description of all the text and gaphic changes that would be reclili~.i.n..o.r.d.e..r.t9 delete the requirement for retirement-oriented housing in MARGARITA VILLAGE and update the Specific Plan document accordingly. For clarity, we have also changed all "County." references to "Ci~., of Temecula." Italicized text indicates commentary by T&.B. Normal text indicates text quoted directly from the adopted NIARGARITA VILLAGE Specific Plan, while redline text (i.e., redline) indicates proposed text addlUon~ and strikeout text (i.e., d. hik,,,.,u;.) indicates proposed text deletions. Page 2. Retirement Area (Village "A"). Change the heading to read: b. Village ",4." Also. change the text under item "b. " to read as follows: "Village 'A' is planned to provide a variety of housing types which will appeal to various~segments of the housing market including but not limited to first-time home buyers, move-up families, empty-nesters, and retirees. Page 11.1) Rancho California and Rancho Villages Relationship. The MARGARIT~, VILLAGE project site iS located on 1,399.1 acres in the h,..u't of R,h,~.ho C,dif,.,..ia, an 97,500-a~-t~- pl,hh,~.d ~.u.u,,u.ity it, ~- ~o.~tliw~.t,U.i,, ~.um~.l ufRiv,.,~idc Co~.tyCity of Temecula in Riverside County, California. The City of Temeeula encompasses approximately 26 square miles, and its Sphere of influence covers another 24 square miles. The City was incorporated on December 1, 1989. Extending along both sides of Interstate 15, Ra, l~.ho C.lifo,,,ia Temecula is located within five miles of the Riverside-San Diego County line and approximately 20 miles from the Riverside-Orange County line. (See Figure if-l, Site Location.) It is bounded on the west by the coastal Santa Ana Mountains separating Orange from Riverside County and on the south by the Santa Margarita and Aqua Tibia Mountains which separates Ra,,,.ho Califo,,,i,~ th,~ ~., ,o'.,,di.~ v'-', ti,~,,~ ,.,f Ri,,,.,~i,L Coanry the City of Temecula from San Diego County. The ,~.,~City is located about 75 miles south of Los Angeles and 55 miles north of San Diego. Pages 11 & 14. Various sections of R,m,.h,~ Callf,.,,.iathe City are being developed for urban use, including the ,ill,~e/h,b.hi ~.~,,,. ~ea enCOmp~Sing~RGAR~A VILL~GE. (See Figure H-2, Vicinity Map). ~,i~ vill.~ ~,~ i~ ~,,~.,pa~d b~ th~ R..~h~ Village Planned ~ high i~ d~i~.~d for .~i~d u, ba. a.d ~F~" ~Fa~ u~ iu th~ h~t uf ~b.~ includes ~side~ltill use ili ~ahy-otient~d villages a.d low dchaity a.d light i.d.~h ial ~.~,s alo.g ,.ajo, ,oa~s, &,d a~li~ulthtal land and ~e~eafio~al ~.fl~i,,~ &~. Cuuen~y, develo~d uses wi~in Ra, ldm Villasos, ~ a M~oE, ~e vicini~ of ~e project sire include residential, commercial and indus~al uses. Th~ M&g&ita Vilhgc Pin. p~op~ty i~ po~ifioncd to set~ as a village or u, ba. ~u,~ f~ th~ &,~l~Fmg ~ummuuity F_Lgure II-1. Vicinity Map. This exhibit will be revised to eliminate the "Rancho California" call-out. Pa. ge 14. Second Paragraph. The site itself is rimmed by Margarita Road on the west, La Serena Way to the north, proposed Butterfield Stage Road on the east, and the easterly extension of Rancho Vista Road (undo, ~.on~h~,.tion) on the south. The site can also be accessed via South General Kearny and Rancho California Roads, running east-west through the site. The property is a mile and a half east of the I-15/Rancho California Road Interchange;';, 12 miles west of Vail Lake; 4 miles north of the east-west extension of Highway 79; and 8 miles south of Lake Skinner. MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A- 1 Page 14, Fifth Paragraph. Rafid~u Callfu.fia ~ a M~ul~, ;.~ludl.s ~;d~,,t~l &,d cn~plu~.i~.t uses. Co,nl.u~d Fha~d d~vdvp,.~nt of uth~ ~.,~,,tly v~a,,t Cu,.m~afit~ ~;ll ;,mod~c~ fustian, uaba. u~, a~ump~aficd by pupul.t~u ~u~th ~,~ the d~,duF,.~,,t~,i~d Gum 1900-20~. i,, phas~ so that pvpulatiu. ~iI1 .l~u s,~ .t a reasonable ,a~. Page 15. Second Paragrlph. The land use plan for MARGARITA VILLAGE conforms to the V;ilagc Cu.t.,.pt vf dcv~l~,F.,~at ,.~ Ft~aba~d ;. Hab Rancho V;llag~s ~I;~ Pl~.land uses identified in Land Use Element of ~e Ci~ of %mecula ~nenl PI~. The The ,,,aju~ it) ~ ~,c si~ features a "~get" to~ of 2.381 4,~7 uniB of f~ily-o~ented residential uses, p, ~i~d fluu~Sh~.t ~,~ oust po, ti~,,~ ~ th~ F, ope. ty in low, medium. medium-high and high densities (~ 2.9 d~ac overall). Rc~.~..~.t o.i~,i~d hou~h~s i~ c~,,~t,u~d a, o.nd. ~lf ~.,~ ;,, fl~ ,.~,tl,~,. p~t of ~,~ Exup~xb..ith ~ "t~gct' t~l d 2,000 d. (o, ~,Al &,mty of 7.1 da/a~). Two commercial sims. ~o element~ schools, a church site, a school adminis~ation site, a post o~ce sire, ~ee neighborho~ p~h ~d a ,~ ....... z recreation center re also proposed as pm of ~e m~mr plan. (See Figu~ H-3a, S~ci~c Land Use Plan). Page 15. Fifth Paragraph. To reflect anticipated marketing needs and public demand by providing a diversity of housing types and locations which will be marketable within C.,llf,.,,.ia the City of Temecula. Page 18. First Paragraph. To provide land uses that exmnd and are consistent with ongoing development in the .,b,,.,~ co,~ ~f R~,,.ho Cali~.,iaCity of Temeeala and which comply with the land use designations and policies in the City's General Plan, ,-,hi~.h is a maj~, fu~ ~,f the Raneho Villages i'xoli,.y Plaa. Page 18. Second Paragraph. To provide detached and attached, high-quality housing to service f,,,.ily, ,.~,k~t ,,~tc abroad market segment including but not limited to first-time, move-up, growing family, and retirement buyers. Page 18, Seventh Paragraph. To provide an aesthetic and functional open space system that responds to site conditions in its configuration and to anticipated demands of existing and future R..,.h,~ C,,llf,~, ,,i,, City of Tamecula residents. Page 18. Eighth Paragraph. The Margarita Village project was originally processed through Riverside County and was adopted by the Board of Supervisors prior to incorporation of the City of Temecula. As ,~ ~ ,~ngcd ,~ ,tl, Co',~.ty uf Ri, ~., ~idc Mall, F. environmental information .... Page 21. Fourth Paragraph. Reflect anticipated marketing needs and public demand by providing a range of housing types which will be marketable within the developing economic profile of the C,,,mty qfRi,,.,Md,., in p,,, ti~ulat Ra,,,.h,, C,dif,,,,,i,,City of Temecula. Page 22. First Paragraph. Incorporate projected regional circulation requirements as indicated in the Ri~e, sid~ Co,~.t: M.~t~, Pla,~ ~ IlighwaysCirculafion Element of the City of Temecula General Plan. MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-2 Page 22. Second Paragraph. Create a safe and am'active community that will be an asset to Ri,~.,~i&- Cu~,,,t.~ and dlt. Rafts. By C.llifu,,,ia ~.u,,u,,~nity the City of Temecula. Sound structural design practices and energy conservation measures will be encouraged. Page 22. Third Paragraph. The Margarita Village project is primarily residential in nature. an extension of existing and planned development occurring in R...~A,,, C,~lif~,, ,.i. the City to the north. south. and west. Specific uses proposed on the 1.339. l-acre site include: residential (f.,.il.~ ,rod ,,.ti,~.,,,,..t u.it~), commercial. open space slopes, a golf course with club- house/.,.ti.,....,.,.t recreation center, park sites. elementary schools. a church. a school administra- tion headquarters, a post office, and major roads that frame the project site. (See Table II-1. Project Summary and Figure 11-3. Specific Land Use Plan.) Page 22. Sixth Paragraph. and Page 27. The western Village Core area along Marganta Road. is proposed north-south. in an oblong shap~ between South General Kearny and Rancho Vista Roads. It contains village support uses. including a public park site in the northwestern corner east of Marganta Road. and higher density family (medium and medium-low density) ,,.ti~.~,,.,~t m,~lti-faanil~, d,.,,~ity neighborhoods along that arterial. As noted in Section II.A. 1., a major commercial use is planned just west of Margarita Road across from the site, at Rancho California Road, tying in with this Village Core created in Margarita Village. A middle school site is also planned in this development area west of Margarita Road. In addition. an eastern Village Core within Planning Area B is identified just south of La Serena Way in the eastern half of the site. The eastern Village Core lies in the middle of the site. at the intersection of Rancho California Road and ~,~..n,,oa.l,.d ,,,,. ~,-~,~.~j ~ ~,.t~ in that a. ~.a Meadows Parkway Oust south of the conceptual core shown in Planning Area B). This area contains two commercial centers, located to serve MARGAR1TA VILLAGE residents of th,. ,ctij~...,..t a~ld f. mdl~ ~.~i&..ti~l The centers are located b,.t,,.ce.n ~. ,,.ti.,...,.,,t e. omiaa~dty and lo~/al~d ~,,,.dim.-1,,~, d,.asity .... at the intoneorion of Patncho California Road and Meadows Parkway. The 7.0-acre commercial site on the northwestern corner of the intersection will be accessible to residents of tlac totlie. ant. all Cemuxmadty Village 'A' without entering the public roadway system. The central portion of MARGARITA VILLAGE is formed by a retirement family-oriented residential community, containing a range of detached and attached housing types. The ccti,~.,,.~.,.t ,u,.a i~ in Figure 1I-5, Rctl.v.m~.at A. ca Illu~u.~ti,,.. Medium and medium-low density family-oriented units are located along the southern edge of the site, between Rancho California and Rancho Vista Roads. The rcth,..,,,.nt c,,,,~,,,~,,its re-sidemial development in Village 'A' is situated around a golf course, which features a number of lakes and watercourses throughout. Page 23. Table rl-1. Pro~ect Summan. This table has been revised: see artached revised Table II-L Pages 24-25. Table II-2. P,,~lled Land Use Summary. This table has been revised; see attached revised Table H-2 (2 .;ges total). Page 28. Figure II-5. Retirement Area Illustrative. This figure will be deleted. Page 29, Second Paragraph. As indicated in Table II-1, Project Summary and in Table II-2. Detailed Land Use Summary that follows, there are 2.3~11 4,047 dwelling units uf f,mdl.~ -~, i~nt~.d h~,,~i,is on 622.8 896.7 acres. Densities in residential areas east, south, and west of ~ ,~ti~ ....... t h,~b Village 'A' range from Low (.04-2 du/ac) to High (8-14 du/ac) use. The lower density residential areas in the northeastern sector are planned to blend with existing residential MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-3 use in the neighboring La Serena and Meadowview developments. (See Figure 1I-2. Vicinit_x Map.) Medium low density sections south of Rancho California Road and north of Rancho Vista Road are intended to be compatible with adjacent residential land uses and the school uses located south of the project site. These Planning Areas will provide a range of housing. from custom single family lots to ,,,.Iti-fa.,ily att,,,.hcd small lot single family units. The lowest densities provided in areas along the site's eastern boundary are planned to buffer Carcg,~,., IIl tR~ural'~ land uses east of Butterfield Stage Road. Page 30. First Paragraph. This paragraph will be deleted in its entirety. Page 30. Second Paragraph. Village 'A' in the southwestern portion of the project site will contain 1.666 of the 4,047 dwelling units planned on-site. The residential development in Village 'A' will consist of a Tile ,,.,.,m~d~., uf th,. h,~,.~i,,g, 2,000 d,~elli,,~ ,~.its ~,n 470 ,~.~ ~.o,xtain~.d ill d,~- centralized, self-contained, security-oriented ,v. fia,.,.~..t .. ~..~ ,~eighborhood which offers attached and detached units cluster~l around an 18-hole golf course. (..q,.,. I'i:~,~,. II-5. R~.ti,,..,,.,,t A,~.,~ IliumhaLl,'...) The ,,:tl ..... ~,,t 472-acre village ~o.,a.u,.it:, will also offer recreation opportunities at the clubhouse/recreation facility. Village 'A' Th,. ,.o,..l~,.ity is designed for compatibility with the Heritage Mobilehome Park now located on a "Not a Part" parcel in the northwestern corner of the project site. If fin,- h,.,u~i.g .lm k~t it w ill r,,A ~ulapott l~..ti~,...~..t ualt~, matk~.t a aU. a,.~idc.ti.d ~,.., ill b~- p, ut-,ua,-d i. tla~. t.,G.~ting a~.tia~..,,.,at acca, ,.,ilia ~inlil.~ tEasides and th,. s~.,. ,h,~,h.,ml dwclli,~g uliit ~.uu.t. 2,000. (I. diis evelit, a ,.qFc~.ifi~. Phh A~,,,.,,dl.~,a Allay br~ PJgg..tL The. p, op0scd a,.til~.lcnt COm.,milty at Viilag, 'A' in MARGARITA VILLAGE will combine residential and recreation uses in art d~velopment which is indcp~..d,..t t.. ~ iaOfi.it, ltt f~,a ~..iua ~iti~nS. ~lu ~i.n~ulfity will b~ pinned ~d operated to create a true "sense of ~,maaaity" nei~" ~, s~,,i~,~ scc~ng a ~u,~ lif~styk in ~ aes~etic, socially-oriented se~ing. Attad.~d apmhxtbliB Ol ~**do,iaii,lu,.~ in ~&ious &~ ~ ~c ~o,,~**~.ity. Each ~p~h,,~,,t ~iI1 f~at~,~ ~ dihins ~,d li.i.s m~.,. kitd,~,x, bath a.d ~,,~,,,F~,~y pla,h,~d ~ cofi~.~sa;~ ~ f~Gll~s, dc,,~iti~ ,,,.y x~cli 30 dd~. Lower density nched housing will be provided by eight-plex, six-plex, four-plex, ~-plex ~d duplex products. Single fmily houses offering v~ed floor plans will be available ~ patio home or convention~ single family detached producB in MI Planning ~E. ~e ,~ti.~,.,~at ~,,**~,~,,ity ~llage will focus around ~e golf coune ud facilities at ~e acfiviW or recreation center. Re~eafional oOppo~nities also will be available outd~rs at a swimming pool and spa. The activity center will sere E an nd~rh~d educational ~d social hub. offering a ~e~ of recreational ~d c~d xoux,,a. A di.i.~ gat~d ~u,,,,** dairy, ~,,d 24-hou, ~u, i ty and "~ i~i to, ~, ~**i,,s" ~, v i~ ~ ~11 bc p, u, id~d. 3) Maximum Units As noted in Table II-1, Project Summary, a maximum number of dwelling units has been assigned to each Planning Area within 1VIARGARITA Vn-LAOEth,. F,,.mily .mr Rctla,.,.,..t gas. That number is based on a target density for each Planning Area. Ba~d u. County ~.,it,.,i..,., A range is given for each Planning Area based on the maximum proposed number of dwelling units MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-4 relative to the Planning Areas' acreage. The number of dwelling units actually constructed may fluctuate but will not exceed the maximum for any given area of the project. Page 32. Second Paragraph. Varied housing types in the. f,m,H..,,, ~,.,,t~d .~,-.. Village 'B ' and Village 'C' will include apartments and condominiums, patio homes, conventional single family detached and custom single family lots. The ,cthc.,~.t &~. Village 'A' will contain patio homes. detached single family units, duplexes, 4-, 6- and 8-plex structures. These housing types wilI be distributed throughout the planning areas. as shown in Table 1I-3, Housing Types. and Figure II- 3. Specific Land Use Plan: A description of each housing type is given below:... Page 33. Table II-3. Housing Types. This table has been revised: see attached revised Table Page 34. Fourth Paragraph. Along with ~ng densities of single family housing. t~duplexes (2 attached dwelling units with a common side wall), are proposed along with 4-plexes t4 attached du). 6-plexes (6 attached du) and 8-plexes (8 attached du) in the. d. ti,.m,..t ,Village "A". The Rivc. sM~ Cou,~t.vCity of Temecnia Zoning Ordinance will be observed for minimum standards relating to signage, landscaping, parking, etc. Restrictions and standards in this Specific Plan will achieve results beyond those minimum standards in order to achieve the desired project image. Page 35. Figure H-6. Entr~ & Roadway Hierarchy Plan. Revise Figure 11-6 wouM be revised to eliminate the Major and Minor Retirement Entries and redesignate these locations on the exhibit as Minor and Secondary Project Entries, respectively. Page 36. Second Paragraph. The ceti.~,,,,.,t ,.,,,,.~.unit: Village 'A' will operate as a self- contained unit with controlled access. All internal roadways may be private and therefore may be maintained by a Master Homeowners Association. All roads will be build in accordance with C .... i: City of Teme.~ula standards and guidelines. All common facilities within this area will be maintained in a similar manner. In some areas, subassociations may be formed. Page 36. Sixth Paragraph. Neighborhood parks totaling 25 acres will be located within the service area of the R~.,~ho C..lif,,.fi.~-T~..,,.cal.~ Vall~.~, Sp~,t t~ I'mk A~,~,.i.~tlo. ~,.~, i.~ Ra.,.ho C.dif~.ia. f,~. ,.ai.t~,.h,,.~...,d ~,p,..ati,,.. Temecula Community'Services District (TCSD). t~ park .~,d ~,.,,..fion di~hi,.t ..ay cv,..t~ally be cotalAiM~cd in th,. Rancho Calif,~.i. ,h,..~..~,,d i. this ,..~. ~,oald ~u,.~ th,. ~.~k,,,u~ibl.~ ,o1,.. fo~ tiffs p~bli,. fa~.ility .) Page 37. Third Paragraph. All public project roadways outside th,. ~,.ti~,.,.,-.t c,~...~.it~, of Village 'A' will be designed and constructed to standards acceptable to the C .... t: City of Temecula and will therefore be entered into the C,,~,,~: City's system of roads for operation and maintenance. All roadways within th,- ,~.tit~..,.at ~.{,.,.,,a,~ityVillage 'A' will be designed and constructed to C,~,.,.t: City private road standards. and may be privately owned and maintained. Page 37. Fourth Paragraph. It is anticipated that the population of MA~G~tT~x VILLAGE will be served by two retail commercial centers totaling 13.2 acres at the intersection of Rancho California Road and I-2.i~,.. Meadows Parkway. (See Figure 11-3, Specific Land Use Plan.) Planning Areas 19 (6.2 ac) and 39 (7.5 ac) contain these commercial uses which form the center of the minor eastern Village Core. Most of the commercial uses proposed will be convenience retail, and the site at the northwestern comer of the intersection will be accessible to residents of th,, adj,,,.,,nt ~etirc, n,,at ~ommuult~ Village 'A' without entering the public roadway system. MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-5 Pedestrian walkways adjacent to roadways will extend from th,..,.iE, hb,.,,h,.,,.,d ,,.ti ..... ~.,,t Village 'A' a.d .,.hl-f.m,il.~ housing m the neighboring commercial sites at the corner of Rancho California Road and K.i~, Meadows Parkway. (Please see Section e., Major Collector Road and Public Facilities System.) Additional cl~,bho~,~,.. ,,.~mu,.mt, ..,,d ,,.uil ~h~,p. ,ecmational facilities will be contained within the recreation center ~,f the. l~.ti~.,u~..t ~-ummuuity in Village 'A.' Palle 38. Fourth Paragraph. A 141.0-acre golf course is planned in the center of ...... i~,.i;y Village 'A,' offering recreational opportunities and scenic vistas for residents ,~f th,. ,~ti,c.,,..t ~o...~,.ity. A clubhouse/recreation center will be located near the utalu project entry off of Ranch California Road. This facility will serve as an activity hub for ~ti:~m~.,,t eu,,,mu,,ity neighborhood residents and may include facilities such as a pool. spa. cabana. i~.adlng ~uuths, ~.atd luum~. ~.,aft Coc,.,,~, exercise facilities, kitchen facilities. and other passive and active recreational uses a ,.,~ff,.,. ahup. Page 38. Fifth Paragraph. Delete reference to Figure H-5, Retirement Area Illustrative. Page 40. Second Paragraph. Where attached housing types (higher densities) are planned-m th,. f,~.ily aad ~,.ti~ ,...,.at-u~ i,..~d ,,~6as, private recreation facilities and common open space will be provided as required, in addition to community and neighborhood open space uses described above. Page 40. Fifth Paragraph. Change reference from the "Rancho California Communi~," to the "Ci.ry of Temecula. " P. aRP..IL Change reference from "Kaiser Parkway" to "Meadows Parkway." This change will be reflected throughout the Specific Plan document in both text and graphics. Page 41. Second Paragraph. A regional equestrian trail is master-planned along the MWD easement through the Margarita Village site. This trail will be implemented as shown on Figure II-7, Open Space and Recreation Plan. Because access to ~c ,cticc.,,.at 6~...anity Village "A' will be controlled. the equestrian Wail will parallel th,....~j,,. ,,ut th-~,,.~, ,,~.~d Meadows Parkway and Rancho California Road around ~,,. c~ti, c.,,.at co,,.,,,.,,ity Village "A,. A linkage to the east will also be provided along Rancho California Road. Page 49. Third Paragraph. Two elementary schools are proposed on the project site on La Serena Way (Planning Area 1 ) and south of Rancho Vista Road in Planning Area 18. A site has also been reserved for use as a middle school west of Margarita Road. These schools will serve f~ua;j.v ,u~.az iu MARGARITA VILLAGE and irrsurrounding residential areas, as well. The middle school... Page 49. Fifth Paragraph. The 2.381 4,047 dwelling unit, .o,,-,,.ti,,..,Lnt (f,m,ily) F~,,ti,a. of th~ MARGARITA VILLAGE project will be phased over a 7-year period, in response to market demands, according to a logical and orderly extension of roadways, public utilities and infrastructure on- and off-site (within the first seven years). as well as an assumed rate of market absorption. Page 50. Fourth Paragraph. The total specific Plan shall be developed with a maximum of 4,3111 4,047 d.u. on 1,399.1 acres, pursuant to Figure II-3, Specific Land Use Plan. NIARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-6 Pages 52-55. Tables II.--I through II-7. These tables have been revised to delete references to retirement housing. The revised tables are attached to this letter. Page 57. Fifth Paragraph. A master property owners association or some type of benefit assessment district will be established to operate and maintain alt open space and recreation facilities. The ,.d,~..,,.ot neighborhood recreation center in Village 'A' and other recreation centers in higher density areas may also require homeowners associations. Page 57. Seventh Paragraph. The subdivider shall comply with the street improvemen: recommendations outlined by the C .... tJ, of R; v,.~,i. City of Temecula Public WorksR~,~d Department. · Page 58. Eighth Paragraph. Phase I shall be developed with a maximum of | ,225 1,216 units. · Page 58. Tenth Paragraph. Phase III shall be developed with a maximum of 1269 949 units. Page 58. Eleventh Paragraph. Phase IV shall be developed with a maximum of 1,000 995 units. Page 58. Final Paragraph. The total number of dwelling units in ..... bi.ed Margarita Village will not exceed 4,3~,I 4,047 du. Pages 59-61. References to Family Planning Areas and Retirement Planning Areas shall be revised to read jointly as "Residential Areas." Page 130. First Paragraph. Planning Area 33 in Village 'A,' as illustrated in Figure H-29, shall contain solely R,.t~c,.,...t C,.,.,,u,,.it~ MediumsHigh Density Residential housing. A maximum of .... Page 130. Fourth Paragr~lph. A Mh,,,, Rcti,c,,,,..t Secondary Project Entry landscape treatment is proposed at the entrance into this Planning Area from Margarita Road. Page 131. Figure H-29. This exhibit shall be revised to delete all references to "Retirement Community.. Also, the reference to the "Minor Retirement Entry" shall be changed to read "Secondary Project Entry," and the reference to "Major Retirement Entry" shall be revised to read "Minor Project Entry." Page 132. First Paragraph. Planning Area 34 in Village 'A,' as illustrated in Figure H-29, shall contain solely Rc6~,.,~at C,,.u.anlt~ Medium High Density Residential housing. A maximum of... Page 132. Seventh Paragraph. Age R,.st, i~.tk,.~. Th,. ~.v~,.nalit$, co.ditiv.~ ,.,d ,~.~hi,.tloas fol fl~ d~,clop,h~,,t ,,,~: ,cquitc that ~ach p~,,,,~,,~,,t ,esldct, t i. ~1, d~clll.g ~,fit shall b~ 55 y~ Of A~ ui Page 134. First Paragraph. Planning Area 35 in Village 'A,' as illustrated in Figure H-29. shall contain solely R~.G.,~.,.,.ra Co.u.~.;.t.~ Medium High Densi~ R~iden~ housing. A maximum NIARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-7 Page 134. Fourth Paragraph. A M,,j~,, R,.ti,,.,,,,,,,t Minor Project Entry landscape treatment is proposed at the intersection of the local access road and Rancho California Road. Page 135. First Para,,r~h. Planning Area 36 in Village 'A,' as illustrated in Figure II-29. shall contain solely R~fi,~.,,.at Co.....lty Medium High Density Residential housing. A maximum Page 135. Fourth Paragraph. A M,,j~,, Ret;,,..,,..t Minor Project Entry. landscape treatment is proposed at the intersection of the local access road and Rancho California Road. Page 136. First Paragraph. ARc R~h;,.t;oua. TL,~ ,.,.,.aa:~ts. ,~ond~tR,.~s and :,.~tz~t~ns Of a~ Oa Oval. Page 137. First Paragraph. Planning Area 37 in Village 'A,' as illustrated in Figure H-30. shall contain solely Rcthc.,,~.t Co....n;ty Medittm Density Residential housing. A maximum of. Page 137. Fifth Paragraph. A major recreation and activity center is planned in Village 'A" adjacent to Planning Area 37 to serve thrVillage 'A' residents o~ ~,c ,cficcu,,..t co...~.,;t~. A variety of facilities are planned; the center may include tennis courts, ~,,.t,,,~- h,,II~, a swimming pool, and di,~i.s other recreational facilities. Page 137. Sixth Paragraph. A M~jo, R~t;.,e.,,,.,tt Minor Project Entry landscape treatment is planned at the entrance to Planning Area 38 on Rancho California Road. (See Figures III-22 & III-23.) A Miao, Rcfit~.,,~at S~condary project Entry landscape treatment is planned along K--ai~'r-M~ad0Fs Parkway. (See Figures 111-24 & 111-25.) Page 139. Figure H-30. This exhibit shah be revised to delete the references to "Retirement Community "for Planning Areas 37, and 41. In addition, the reference to "Kaiser Parkway" on this exhibit shall be changed to read "Meadows Parkway." Also, the reference to the "Minor Retirement Entry' shall be changed to read "Secondary Project Entry, ' and the reference to "Major Retirement Entry' shall be revised to read "Minor Project Entry." Page 140. First Paragraph. Planning Area 38 in Village 'A,' as illuswated in Figure H-30, shall contain ~,lcy Rcth~.,,.nt Medium High Density Residential housing. A maximum of 348174 dwelling units axe planned at a taxget density of approximately 15.9 8.0 d.u./ac (Density Range 14-20 5-8 du/ac) This Planning Area will be designated for V.,: Medium High Density Residential development on approximately 21.8 acres. Page 140. Fifth Paragraph. A major recreation and activity center is planned in Village 'A' adjacent to Planning Area 37 to serve h~,- Village 'A' residents of th,~ tcti~,,~,.,,t ~utniHutt~ty. A variety of facilities are planned; the center may include tennis courts. l,.,.t.,,. h,~Ils, a swimming pool, and dh,h,s other recreational facilities. Page 140. Sixth Paragrtph. A M,,j,,, R,.t;z,..,,mt Minor Project Entry landscape treatment is planned at the entrance to Planning Area 38 on Rancho California Road. (See Figures III-22 & III-23.) A M;.,~, R,.t;,,..,,.at Secondary Project Entry landscape tre:{tment is planned along I~.,~;~, Meadows Parkway. (See Figures III-24 & III-25.) MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-8 Page 141. Second Paragraph. A~,. R~.~hi,.ti,.n~. Th,. ,.o ....... t~, ,-,.mdltl ....... d ,,.:,t.~i,.ti~,m~ f~,~ the. d~.,~luF~,..t ~.d.~ ~.q~,i~,. ilia/each F,-,mau,-nt .,.~i&,a in c.~.h d~,,.lliu~ u~,it ~h,~ll b~- 55 :~u., uf ,~r,,- ~,, ,, ,~,- :~ior to issuance of building permits for Planning Area 38, the City shall review and approve the housing product(s) proposed and the site plan layout. Pa~e 142. All references to "Kaiser Parkway" on this page shall be changed to read "~leadows Parkway." Page 143. First Paragraph. Planning Area 40 in Village 'A,' as illustrated in Figure II-30, shall contain s,~Ly R~.ti ...... nt Co.,j,,.,,iL.~V,.,~ Medium High Density Residential housing. A maximum of 237 77 dwelling units are planned at a target density of approximately ~ 8.0 d.u./ac (Density Range 14-2,9. 5-8 du/ac). This Planning Area will be designated for V~,: Medium High Density Residential development on approximately 9.6 acres. Page 143. Third Paragraph. Access into Planning Area 40 will be provided for an access road to the south which connects to l-~i~;Meadows Parkway. Page 143. Fifth Paragraph. A major recreation and activity center is planned in Village 'A" adjacent to Planning Area 37 to serve ~.~ Village 'A' residents ,~f th,~ ,~ti.~.,,.at ~,un~n,unlt). A variety of facilities are planned; the center may include tennis courts, l~,.t.,,. h.~lls, a swimming pool. and di;~i,,g other recreational facilities. Page 143. Sixth Paragniph. A M,..;,,. Ret~,.,~,,t Minor PrOject Entry landscape treatment is planned at the entrance to Planning Area 38 on Rancho California Road. (See Figures III-22 & III-23.) A Min~,, R~t~,.,,,,.,,t Secondary Project Entry landscape treatment is planned along K..is~. Meadows Parkway. (See Figures lXI-24 & 111-25.) Page 144. Second Paragraph. A~. R,.~h i,.tiu.~. Th~ ,.~,~na.h, ~u.ditlu.~ a.d ~hi~tiu~x~ ~t ~ &~lop,,,~,xt ,~,a~ ,~.i,c that ~a~lt F~lisiaal~ut ,~Si&~,t i,~ ~a~l~ d~dli,~g ~,xit M,all b~ 55 yc&s ~ age ~, ~,~,. S~l, a ,~ui~on, if applied ~ d,~ ~ti, c,,,~,,t village, ,,,~> ~,~ apply ~ ap~ h,,~,,~ i,, ads B~,,,i,,~ ~a. ~or m ~;ofbu~ig ~ for ~ffing ~, ~e Ci~ s~ m~eW ~d ~pm~ ~e ho~g ~a(S)pr~s~ ~d ~e si~ pl~ layouL Page 145. First Paragriph. Planning Area 41 in Village 'A.' as illustrated in Figure H-30, shall contain solely R~.t~,..,~,.,,t Comm,mlt.v Medii itgh Density :P.e~idential housing. A maximum of... Page 145. Third Paragraph. Access into Planning Area 41 will be provided from Meadows Parkway and a local access road to the south. (See Figure II-30.) Page 145. Fourth Paragraph. A major recreation and activity center is planned in Village 'A" adjacent to Planning Area 37 to serve the. Village 'A' residents uf th,. ,,.ti~,.m,.,~t commm,it~. A variety of facilities are planned; the center may include tennis courts, lC~.tht ~. h,~lls, a swimming pool, and ditli,,g other recreational facilities. Page 145. Fifth Paragraph. A Maj,~, R,.ti,,.,,,,.nt Minor Project Entry landscape treatment is planned at the entrance to Planning Area 38 on Rancho California Road. (See Figures 111-22 & Ill-23.) A Mi,,,~, R,.ti,,.,,,~.,,t Secondary Project Entry landscape treatment is planned along I-2,~i~,., Meadows Parkway. (See Figures II1-24 & 1II-25.) MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-9 P""" '~46 I:b'S* · .. ......... Paragraph. -"'e- R.~.i,..iu,~. The. ~oh.,a,~. ~-,~,ditlv,a and l~uk. uun~ i'vl thk. dC~CluF,,l~.,t ,,ay ~k. quil~. that ~a~.h tak. i ilial.~.~t ,~.~id',.,t ~, ~.a~.l~ d~.~.lli,~, u,,it Mlall b~. 55 yc,.u ~ of age o, o~c,. Page 147. First Paragrai}h. Planning Area 42 in Village 'A,' as illustrated in Figure I1-3 l. shall contain solely R~.th,..,,..t Co,..,,~,,Ry Medium High Density Residential housing. A maximum of... Page 148. Figure II-31. The reference to "Kaiser Parkway" on this exhibit shall be changed to read "Meadows Parkway." Also, the reference to the "Minor Retirement Entm.'" shall be changed to read "Secondary Project Entry." Finally. all references m "Residential Community" shall be deleted from the exhibit. Page 149. First Paragraph. Planning Area 43 in Village 'A,' as illustrated in Figure LI-31. shall contain solely Rcti~,.,,,,.at Co...,~.it;, Medium High Density Residential housing. A maximum of... Page 149· Eighth Paragriph. A~t. Re.,;,.tio.~. The ,.~,.,..ants, ,.,.,,.dltio,,s ..,d ,,-~h i,.tio.s fo, Page 151. First Paragraph. Planning Area 44 in Village 'A,' as illustrated in Figure fl-31, shall contain solelyR~t~,.~,,tC~u~au,dty MMium High Density Residential housing. A maximum of... Page 151. Fourth Parligrlli>h. A Mi,.o, R,Ai.;,,.,.atSecondary Project Entry landscape treatment is proposed at the entrance to Planning Area 44 on La Serena Way. (See Figures Ill-24-111-25.) Page 152. First Paragraph. Change "retirement community residents" to read "Village 'A' residents." Page 153. First Parligraph. Planning Area 46, as depicted in Figaro H-31A, will be devoted to 141.0 acres of Golf Come, offering recreational opportunities and scenic vistas for residents of ~,~. ~.ti~,~.,,..t ~-u,maanit.~ i. Village 'A.' Page 153. Fourth Paragrlph. A major recreation an activity center is planned in Village 'A" adjacent to Planning Area 37 to serve thrVillage 'A' resident~ of tl,,. ,~ti.~m..at c,~,,..mdty. A variety of facilities are planned; the center may include tennis courts. l,-,-t,~.,. hails, a swimming pool, and di.i.s other recreational facilities. Page 154. Figure II-31A. Change "Kaiser Parkway" to read "Meadows Parkway." Page 204. Second Paragraph. Village 'A' is located northwest of the intersection of Rancho California Road and l-~..io~ Meadows Parkway, a,.d is pt.hn~,.d ,~ a v..ti,~..,~..t ~.Onm,.laity. Village 'B' is ...Village 'A' is planned as a ,,.th,..,,.,.t .ccreation-o~ented community containing a variety of housing types and densities organized around a central 18-hole golf course facility. Page 204. Fourth Paragraph. Village 'A' is proposed b> Th,. B.i,~ Co,po, atiu. as a gated ,,.th,.,.,~.t c~,,..,..it~ueighborhood containing approximately 2.C,C,C, 1.666 attached and detached MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-lO dwelling units. An 1S-hole golf course will contain a clubhouse and several lakes and watercourses. In addition, there will be a 7-acre commercial site. In conceiving a design theme for Village 'A.' contemporary Mediterranean and Spanish themes have been selected. All landscaping, paving, and architecture should strongly reflect these motifs. Page 242. Figure III-17. Change "Kaiser Parkway Street Scene" in Tree Legend to read "Meadows Parkway Street Scene." Also, relabel exhibit to read "Meadows Park'way." instead of "Kaiser Parkway." All references to "Kaiser Parkway" in the text and exhibits in the Landscaping Guidelines shall be change to read "Meadows Parkway." Page 250. Figure IIl-18. Delete "Retirement Community" call-out. Page 251. Figure III-19. Delete "Retirement Community" call-out. Page 253. Figure Ill-20. Delete "Retirement Communi.ty" call-out. Page 255. Second Paragraph. 1~, Co.,rty of Ri,,.,si& Ordinan,.e, Eeach residential lot shall receive a minimum of one (1), fifteen (15) gallon size street tree planted in the right-of-wa,: In addition .... Pages 239-327. All references to "County standards," "County of Riverside landscape standards," and "County of Riverside parking standarc: " shall be changed to "City standards," "City of Temecula landscape standards," and "City of Temecula parking standards," respectively. Page 270. Figure III-28. Change "Kaiser Parkway Street Scene" in Tree Legend to read "Meadows Parkway Street Scene." Also, relabel exhibit to read "Meadows Parkway," instead of "Kaiser Parkway." All references to "Kaiser Parkway" in the text and exhibits in the Landscaping Guidelines shall be change to reacl "3/leadows Parkway." Page 279. Third Paragrlph. Ix.., C,~,mty of Ri,,.,~i& O,ditia,~c,-, Ecach residential lot snail receive a minimum of one ( I ), fifteen (15) gallon size street ire,.° ,,Io,~ planted in the right-of-way. In addition .... Page 294. Figure III-39 through Page 299. Figure I11-44. Change "Kaiser Parkway Street Scene" in Tree Legend to read "Meadows Parkway Street Scene." Also, relabel exhibit to read "Meadows Parkway," instead of "Kaiser Parkway." All references to "Kaiser ParkwayS' in the text and exhibits in the Landscaping Guidelines shall be change to read "Meadows Parkway." Page 310. Third Paragraph. 1~, C~m.ty ,.rf Ri,~.~idc O~di~.m~.~., Eeach residential lot shall receive a minimum of one (1), fifteen (15) gallon size street trees ,do,, planted in the right-of-way. In addition .... Page 314. Fourth Paragriph. The. d~iS. uf tl,~. ptuje~,t ~,uhi~.~ ,.uat also haimOhi~ with MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A- 11 TABLE II-1 PROJECT SUMMARY LAnD ACRES 'T~RGET DEn~rrI USE DENSITY RANGE (AI'PROX.) Residential High 14.4 AC ] 1.0 DU/AC 8-14 DU/AC Residential Medium High 310.8 AC 6.1 DU/AC 5-8 DU/AC Residential Medium 533.5 AC 3,7 DU/AC 2-5 DU/AC Residential Low 38.0 AC 1.3 DU/AC 0.4-2 DU/AC Subtotals - Housing 896.7 AC 4.5 DU/AC Commercial 13.7 AC Parks 25.0 AC Golf Course & 141.0 AC Club House Slopes/Drainage 186.0 AC Facili ties Elementary 23.0 AC Schools NOT APPLICABLE School 11.0 AC Administration Church Site 5.3 AC Post Office 5.0 AC Utility 3 1.6 AC Easements Major Roads 60.8 AC GRAND TOTALS 1,399.1 AC 2.9 DU/AC MAXIMUM DVtEI.IJNG UN1/S 158 DL' 1,885 DU 1,954 DU 50DU 4,047DU 4,047 DU 'The Target Density for each Planning Area within a particular residential density category. varies and is represented on Table II-2. The Target Density as provided in this Table is an average, consadering all Planning .~.'~.~ ~ithia a residential category. It is shown to provide an approximate density for each residential category. MARGARITA VILLAGE - PROPOSED SPE, CalHC PLAN AMENDMENT NO. 2 Page A-12 ~G AREA 6 7 8 10.11.I2 13 14 15 16 17 20 21 22 23 25 26 27 29 30. 32 33 35 36 37 38 40 41 ..13 TABLE 11-2 DETAILEli LAND USE SUMMARY LAND AC'RF~GE TARGL~ USE D~ (DU/AC) Low Residential 16.0 ] .9 DU/AC Medium Residential 2.2 2.7 DU/AC Medium Residential I ] .0 4.6 DU/AC Medium Residential 53.0 4..0 DU/AC Low Residential 12.0 1.0 DU/AC Medium Residential 21.0 3.6 DU/AC Low Residential 10.0 07 DU/AC Medium Residential 52.8 4., I DU/AC Medium Residential 4.7.4 2.3 DU/AC Medium Residential 38. I 4.6 DU/AC Medium Residential 80.9 2.8 DU/AC Medium Residential 59.5 3.1 DU/AC Medium Residential 34.4 3. I DU/AC Medium Residential 12.1 4.5 DU/AC Medium High Residential 10.3 54 DU/AC Medium Residential 10.9 3.7 DU/AC Medium Residential 10.2 4.5 DU/AC Medium High Residential 16.9 5.4 DU/AC Medium Residential 10.9 3.7 DU/AC Medium Residential 23.5 4..5 DU/AC Medium Residential 8. I 4..4 DU/AC Medium Residential 33.8 4.0 DU/AC Medium High Residential 33.4 5.2 DU/AC High Residential 14.4. 11.0 DU/AC Medium High Residential 16.0 5.1 DU/AC Medium High Residential 14.7 6.8 DU/AC Medium High Residential 66. l 5.5 DIj/AC Medium High Residential 7.5 8.0 DU/AC Medium Residential 23.7 4.6 DU/AC Medium High Residential 21.8 8.0D U/AC Medium High Residential 9.6 8.0 DU/AC Medium High Residential 30.5 7.7 DU/AC Medium High Residential 15.2 5.7 DU/AC Medium High Residential 14.3 7. l DU/AC Medium High Residential 54.5 5.3 DUIAC SUBTOTALS - RESIDENTIAL 896.7 4.5 DU/AC DENSITY RANGE IDU]AC} 04.2 DU/AC 2-5 DL'/.\C 2-5 DU/AC 2-5 DU/~c 0.4-2 DU/.XC 2-5 DU/AC 0.4-2 DU/~.C 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 5-8 DU/AC 2-5 DU/AC 2-5 DU/AC 5-8 DU/AC 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 2-5 DU/AC 5-8 DU/AC 8-14 DU/AC 5-8 DU/AC 5-8 DU/AC 5-8 DU/,xC 5-8 DU/AC 2-5 DU/AC 5-8 DU/AC 5-8 DU/AC 5-8 DU/AC 5-8 DU/AC 5-8 DU/AC 5-8 DU/AC !75 255 183 108 54 62 40 46 91 105 36 136 173 158 82 100 356 62 107 77 232 83 102 291 4.047 TABLE II-2 DETAILED LAND USE SUMMARy (CONTINUED~ PLANNING I LAND AC~AGK TABGET AREA USE DENSITY (DU/AC) SUBTOTALS - R.F~IDENTIAL 896.7 4.5 DU/AC ! 9 Commercial 6.2 36 Commercial 7.5 5 Park 11.5 18 School/Park 14.3 38 Park 9.2 46 GolfCourse/ClubHouse 141.0 Recreation NOT --- Slopes/Drainage Facilities 186.0 APPLICABLE I Elementary School 13.0 28 School Administration 11.0 31 Church Site 5.3 32a Post Office Site 5.0 -- Utility Easements 31.6 -- Major Roads 60.8 GRAND TOTALS 1399.1 2.9 DU/AC DDrsrry RANGE fDU/AC) NOT APPLICABLE MAX/MUM DWF-IJ.INGS 4,047 i NOT APPLICABLE 4.047 MARGARITA VILLAGE-PROPOSED SPECIFIC PLANAMENDMENT NO. 2 Page A-14 DENSIll' High Residential (8-14 DU/AC) Medium High Residential (5-8 DU/AC) Medium Residential (2-5 DU/AC) Low Residential (0.4-2 DU/AC) TABLE II-3 HOUSING TYPES HOUSW4G TYPE Townhouses and Condominiums Single Family Detached, Patio Homes, Duplexes, Triplexes, 4-Plexes, 6-Plexes and 8-Plexes Single Family Detached and Patio Homes Custom Single Family Lots (e.g., lots ranging in size from 10,000 sq. ft. to larger than one acre) and Single Family Detached Homes GRAND TOTAL PLANNING AREA DWELLING UNIT TOTALS 158 DU 1.885 DU 1,954 DU 50DU 4.047 DU MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-15 PLANNING AREAS 26 27 29 30 32 35 36 37 42 SUBTOTAL TABLE PHASE I ~U~[~ARY La~D USE DENSITY Medium Residential (2-5 du/ac) Medium Residential (2-5 du/ac) Medium Residential (2-5 du/ac) Medium High Residential (5-8 du/ac) High Residential (8-1 ~. du/ac) Medium High Residential (5-8 du/ac Medium High Residential (5-8 du/ac Medium Residential (2-5 du/ac) Medium High Residential (5-8 du/ac) 31 32A TOTALS OTHER LAND USES --- Golf Course/Clubhouse/Recreation Center 28 School Administration Church Post Office ACREAGE 23.5 Ac 8.1 AC 33.8 AC 33.4 AC 14.4 AC 66, 1 AC 7.5 AC 23.7 AC 15.2 AC 225.7 AC 141.0AC 11.0 AC 5.3 AC 5.0 AC 388.0 AC MAXIMUM DWELL!~IG UNITS 105 DU 36 DU 136 DU 173 DU 158 DU 356 DU 62 DU 107 DU 83 DU 1216 DU 1.216 DU MARGARITA VILLAGE - PROPOSED SPEutFtC PLAN AMENDMENT NO. 2 Page A-16 PLANNING AREAS 4 6 10,11,12 20 21 23 24 25 33 34 SUBTOTAL OTHER LAND USES 45 I Park TOTALS TABLE II-5 PHASE II SUMMARY LAND USE DENSITY Medium Residential (2-5 du/ac) Medium Residential (2-5 du/ac) Medium Residential (2-5 alia/at) Medium Residential (2-5 du/ac) Medium High Residential (5-8 du/ac) Medium Residential (2-5 du/ac) Medium Residential (2-5 du/ac) Medium High Residential (5-8 du/ac Medium Residential (2-5 du/ac) Medium High Residential (5-8 du/ac Medium High Residential (5-8 du/ac ACREAGE I 1.0 AC 26.5 AC 52.8 AC 12.1AC 10.3 ~,C 10.9 AC 10.2 AC 16.9 AC 10.9 AC 16.0 AC 14.7 AC 192.3 AC 9.2 AC 201.5 AC MAXIMUM DWELLING UNITS 51 DU 106 DU 215 DU 54 DU 62 DU 40 DU 46 DU 91 DU 40 DU 82 DU I00 DU 887 DU 887 DU MARGAR1TA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-17 PLANNING 8 13 14 38 40 41 SUBTOTAL OTHER LAND USES 39 [ Commercial 5 Park TOTALS TABLE IIo6 PHASE IH SUMMARY LM~rD USE DENSITY Medium Residential (2-5 du/ac) Medium Residential (2-5 dtYac) Medium Residential (2-5 dtYac) Medium Residential (2-5 du/ac) Medium High Residential (5-8 dudac) Medium High Residential (5-8 du/ac) Medium High Residential (5-8 du/ac) ACREAGE 26.5 AC 21.0 AC 47.4 AC 38.1AC 21.8 AC 9.6 AC 30.5 AC 194.9 AC 7.5 AC I 1.5 AC 213.9 AC MAXIMUM DWELLING UNITS 106 DU 76 DU 109 DU 175 DU 174 DU 77 DU 232 DU 949 DU 949 DU MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A-18 PLANNING AREAS 2 3 7 9 15 16 17 43 SUBTOTAL OTHER LAND USES TABLE II-7 PHASE IV SUMMARY LAND USE DENSITY Low Residential (0.4-2 du/ac) Medium Residential (2-5 du/ac Low Residential (0.4-2 du/ac) I~ow Residential (0.4-2 du/ac) Medium Residential (2-5 du/ac) Medium Residential (2-5 dlgac) Medium Residential (2-5 du/ac) Medium High Residential (5-8 du/ac) Medium High Residential (5-8 du/ac) ACREAGE 16.0AC 2.2 AC 12.0 AC 10.0 AC 80.9 AC 59.5 AC 34.4 AC 14.3 AC 54.5 AC 283.8 AC 1 Elementary School 13.0 AC i 9 Commercial 6.2 AC 18 Elementary School/Park 14.3 AC TOTALS 317.3 AC MAXllV!UlVl DWELLING UNITS 3l DU 6 DU 12 DU 7 DU 255 DU 183 DU 108 DU 102 DU 291 DU 995 DU 995 DU MARGARITA VILLAGE - PROPOSED SPECIFIC PLAN AMENDMENT NO. 2 Page A- 19 ATrACHM~-NT NO. 4 PROPOSED SPECIFIC PLAN ORDINANCE CHANGES ~sT~,,r~zgf^9~.~c 2r~9~ ,~ 17 1 2 3 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 The SP Zone standards for Planning Area 38 of Specific Plan No. 199 as contained in Ordinance No. 348.2922 shall be deleted and replaced as follows: 11. {1) No. 199 VIII, Sectiu~ addition, the Plannina Area 38. The uses permitted in Planning Area 38 of Specific Plan shall be the same as those uses permitted in Article 0.1 VI, Section 6.1 of Ordinance No. 348. In permitted uses identified under Section 6.1(a) shall also include noncommercial community association recreation and assembly buildings and facilities and churches. (2) The development standards for Planning Area 38 of Specific Plan No. 199 shall be the same as those standards identified in Article VIII, 3=~ti~i~ 0.2 VI, Section 6.2 of. Ordinance No. 348, except that the forth in Article VIII, 3=~tl~ 8.2(a), 6.2(b), (c), (d), and (e)(1), (2), and replaced by the following: A. Lot area shall not be less development standards set (d) and (£) VI, Section (4) shall be deleted and than LL~== thvu~=~d five L~d~ed (3,500) four thousand (4,000) square feet. The by excluding that for access to the minimum lot area shall be determined portion of a lot that is used solely portion of a lot used as a building site. B. N~ lwt ~h~ll Lave ~w~= LL~ SiAL~ itb l~et ~ea ~ov=~=d wiLL b~ildings w~ ~t~tu~=~. The minimum average width of that portion of a lot to be used as a building site shall be forty feet (40') with a minimum .]- 1 2 3 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 average depth of eighty feet (80'). used for access on ~flag" of twenty feet C. All (20'). Laildi~xgs That portion of a lot lots shall have a minimum width f~ty feet (40') in h=i~ht ~1=~= a height up tv ~event~ fi~= £=et (75') i= ~i£i~=11~ Fe~iLL=d ~de~ the p~i bl ..... £ 3=~ti~n 18.34 v£ O~dinan~= N~. 340. The minimum frontage Of a lot shal~ibe forty feet (40') _e~xcept that lots fronting on knucklesBor cul-de-sacs frontage of thirty feet (30'). D. The front yard shall be not may ~ave a minimum less than ten feet (10'), measured from the existing street line or from any future street line as shown on any Specific Plan of High- ways, whichever is nearer the proposed structure. E. Side yards on interior ~nd through lots shall be not less than five feet (5') in width. Side yards on corner or reversed comer lots shall be not less than ten feet (10') from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty feet (50') wide, the yard need not exceed twenty percent (20%) of the width of the lot. F. Chimneys and fireplaces shall be allowed encroach into side yards a maximum of two feet (2'). other structural encroachments to No shall be permitted in the -2- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348. In addition, the following standards shall also apply: AA. The t~Ll~2,,~ av=~a~e wldLh ~f Lhat i~w~Llon w£ ~ l~U U~ L~ ~=d a~ ~ ~ildi,,~ ~it= ~h~ll be Ul,l~Ly eight feet (30') ~ith a ~i~ilm~a .~=~g= de~Lh ~f ~i~L~ fir= f==L {G0'). Th=t Fo~tiun ~f = luL uoed for =~=~ un "fld~" luL= M~all 1 ........ L~i ....... idth ~f L.~L~ f==L (20'). BD. TL= ~i~L~a f~ntag= of ~ luL M1all b= thlrt~ eight f==L (30'), =~c=pt LL~L luLs fronLin~ ~ h~u~kl=s u~ ~1 de ~ ~ay h~Je ~ mihL~. [~u~tage uf thirty f==t (30). CO. AA. Interior side yards may be reduced to accommodate zero lot line or common wall situations, except that in no case shall the reduction in the side yard reduce the required separation between detached structures below ten feet (10). DD. Ci~Lm~=~ ~d £i~=~la~es M~all be =lluwed L~ encroach L~to side y=~d~ = ~aa~i~ ~f t~ fe=t (2'). No vth=~ ~t~U~tU~=l en~ .... l~enL~ M~all b= F .... ~itted i~ the f~,~t, ~= ..... id= ~a~d .... FL as F~ided fo~ l,, Section 18.19 ~£ O~ina~e N~. 340. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIII VI of Ordinance No. 348. -3- 6 7 8 9 10 11 12 13 14 16 I7 18 19 20 21 25 26 28 The SP Zone standards for Planning Area 40 of Specific Plan No. 199 as contained in Ordinance No. 348.2922 shall be deleted and replaced as follows: (1) No. 199 VIII, addition, the Plannina Area 40. The uses permitted in Planning Area 40 of Specific Plan shall be the same as those uses permitted in Article 0.1 VI, Sec~!on 6.1 of Ordinance No. 348. In permitted uses identified under Section ~.I(~) 6.1(a) shall also include noncommercial community association recreation and assembly buildings and facilities and churches. (2) The development standards for Planning Area 40 of Specific Plan identified in Ordinance No. No. 199 shall be the same as those standards Article VIII, SecLi~n 0.2 VI, Section 6.2 of 348, except that the forth in Article VIII, 3e~ti~,~ 0.2(=), (d) 6.2 (b), (c), (d), and (e)(1), (2), and (4) replaced by the following: A. Lot area shall not be less than [i~= L~d~=a (3,500) four thousand (4,000) square feet. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. development standards set ~xd (£) VI, Section shall be deleted and its net ~=u ~v=~=d ~iLh Luildi~wo ~ minimum average width of that portion of as a building site shall be forty feet (40') with a minimum ~L~L~c=. The a lot to be used 1 2 3 4 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 average depth of eighty feet used for access on ~flag" lots of twenty feet (20'). (80'). That portion of a lot shall have a minimum width C. All £~L~ £=et (40 five f==t (75' sions uf 3=~ti~ 10.34 uf Oldina~e Nu. ~rontage of a lot shal!,be forty feet (40') fronting on knuckles.~;or cul-de-sacs may frontage of thirty feet (30'). D. The front yard shall be not less than 340. The minimum except that lots ~ave a minimum ten feet (10'), measured from the existing street line or from any future street llne as shown on any Specific Plan of High- ways, whichever is nearer the proposed structure. E. Side yards on interior and through lots shall be not less than five feet (5') in width. Side yards on comer or reversed corner lots shall be not less than ten feet (10') from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than fifty feet (50') wide, the yard need not exceed twenty percent (20%) of the width of the lot. F. Chimneys and fireplaces shall be allowed to encroach into side yards a maximum of two feet (2'). No other structural encroachments shall be permitted in the -5- 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 o7 28 front, side or rear yard except as provided for in Section 18.19 of Ordinance No. 348. In addition, the following standards shall also apply: AA. Thc ,,,i.i,,,~, avelage width ~f that p~aAti~./AA ~f lot t~ b= ~o=d as a buildi.M ~it= ~L=ll L~ tLi~Cl eight ha ...... i~i~.~, wldLL of L~=.L~ fe=L (20'). nD. TL= ~iniA~u f .... L=~c ~f ~ l~t ~L~ll Le tLi~t~ elgLt [e=L (30'), =~ept that l~ts f~onLi~w o~ h~uckles ~1 d= s=~o ~ Lave .... L~i ...... f~nL=w= of LLi~L~ f==t (30). CO. AA. Interior side yards may be reduced to accommodate zero lot line or common wall situations, except that in no case shall the reduction in the side yard reduce the required separation between detached structures. DD. Cl~L~,=s~ and fi~eFla~e~ sh=ll L= ~ll~wed to =~acL ii~tw $id= ~=~d~ ...... l ....... f two feet (2'). N~ utlAe[ st~u~L~=l ...... a~l~=~t~ M~all be pc~iLLcd i~ tLe f ....t, ~c ..... ide ~aid e~ept as pr~ided f~ i~ Section 10.19 ~f O~di.~x~e N~. 340. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Article VIII VI of Ordinance No. 348. -6- ATFACI-IMENT NO. 5 TRAffIC I,~TTI~ FROM WILBUR SMITtI ASSOCIAT~ ~:~STAFFRP~I9PA96.PC 2~8/96 ~w ~8 gROM W~Anahe;m 0fftce T-g21 P-J2 WILBUR SMITH ASSOCIATES ENGINEERS · ~LANNER5 2300 [ KAT~LLA AV,c. ·SUIT.; 275 · ANAHEIM. ~A 0~&~:)6-(~0~7 · (7 4) 978.811C , ~ [7 I~) q7~-i I~ Februa~ 27, 1996 Mr. Jim Hunter McMillin Development Inc. 2727 Hoover Avenue National City, CA 91950 Subject: Margarita Village Specific Plan Amendment No. 2 Dear Mr. Hunter: As requested by Csaba Ko and Barry Burnell, Wilbur Smith Associates (WSA) has analyzed vehicle trip generation impacts of Specific Plan Amendment No. 2 which essentially proposes the replacement of 2,000 retirement-oriented housing units with 1,666 single-family housing units. The portion of Margarita Village which is affected by this change is the area bounded by Ranthe California Road, Margarita Road, La Serena Way, and Meadows Parlovay. it is important to note that a significant portion of Margarita Village has already been developed. It is our understanding that most of the tracts which have already been developed were built at a density which/s somewhat lower than is approved in the currently adopted specific plan. Additionally, the 10 vehicle trips per dwelling unit trip rate-used in the original traffic study for single family residential dwelling units is a high average rate based on trip rate information available today. Current trip rate information shows that residential trip rates are inverse!y proportional to housing density. The higher the density of dwelling units, the lower the :rip rate per dwelHng unit. The average trip rate for retirement housing has also increased in recent years, Dally trip generation rates used in the City of Temecula General Plan Circulation Element Traffic Model (OPCETM) reflect these current :rends. The most relevant approach :o eva',uating traffic impacts associated wi~h land use changes within the City of Temecula, as a comparison of the proposed land use change relative to assumptions used in the City's GPCETM. The long rv~ge planning of Circulation Element EMPLOYEE-OWNED COMPANY Mr. Jim Hunter February 27, 1996 Page 2 roadways is based on this traffic forecasting model. WSA has prepared two summaries of residential land use and trip generation for Traffic .t~alysis Zones (T.~Z's) which comprise Margarita Village. Exhibi: A represents the residential land use assumptions and corresponding vehicle trip generation included in the City's GPCETM. Exhibit B represents a summary of the residential lan'd use and vehicle trip genera:ion associated with Margarita Village Specific Plan Amendment No. 2. Exhibit C displays the configuration of TAZ's in the vicinity of the project. In Exhibit A, an ~:djustment has been made to the number of dwelling units in TAZ :349 to account for the triangular-shaped land parcel which is not a part of the Margarita Village property. A comparison of land use and trip generation values shown in Exhibits A and B reveal the following: The GPCETM and traffic for=cast did not assume retirement-oriented housing in TAZ's 348 and 942, 2) The total number of dwelling units proposed in Margarita Village Specific Plan Amendment No. 2 is 209 less than what was assumed in the GPCETM. The total number of daily vehicle trips generated by residential land use proposed in Margsrita Village Specific Plan Amendment No. 2 is 3,538 less than traffic generation assumed Ln the GPCETM. 4) For the undeveloped portion of Margarita Village which is affected by the proposed land use change (TAZ's 348 and 942), Specific Plan Amendment No. 2 would result in a reduction of 158 dwelling units and !,89_6 daily vehicle trips. The findings of this analysis indicate that the proposed Margarita Village Specific Plan Amendment No. 2 would result in lower traffic generation and less traffic impact than is currently planned for in the City's General Plan Circulation Element. Mr. Jim Hunter Pebruary 27, 19~6 Page 3 Should you have any questions concerning this submittal, please feel free to contact me. Sincerely, WILBUR S~IITH ASSOCIATES Robert A. Daxds Pnncipal Transportation Planner Attachments Csaba Ko Barry Burnell Exhibit A General Plan Circulation Element Traffic Model Margarita Village Specific Plan TAZ's Residential Trip Generation Summary TAZ 331 Dwelling Units 53 Density Medium Daily Trip Rate 10.0 348 and 942 793 Medium 828 Medium High 405 Very High 824 10.0 8.0 8.0 349 10 Very Low 636 Medium 12.0 10.0 363 364 366 373 475 376 85 952 500 Total 4256 720 M~di,Jm High 335 Medium 169 Medium 4,._.~9 Low Medi.jm Medium MeGlure 8.0 10.0 10.0 10.0 10,0 10.0 10.0 Daily Trips 530 7.930 5,008 2,430 15,368 120 6~360 6,480 960 3,350 1,690 490 2,180 4,750 850 5,000 39,468 WILBUR SMITH ASSOCIATES Exhibit B Proposed Margarita Village Specific Plan Amendment No. 2 Residential Trip Generation Summary TAZ 331 Dwelling Units Density 31 ~ Low 6_~ Medium Daily Daily Trip Rate Trips lo.o 31o lO.o 6_9o 37o 348 and 942 349 363 364 107 ! Medium 155.__~9 Medium High 1666 19 LOw 55.4, Medium 573 158 High 136 Medium 173 Medium High 309 10,0 1,070 8.0 12~472 12,542 10.0 190 10.0 5,5_40 5,730 10.0 8.0 366 373 376 952 284 MeCium 439 Medium 108 Medium 173 Mec~ium 301 Medium High 10.0 10.0 10.0 10.0 8.0 Total ~ 4047 WILBUR SMITH ASSOCIATES 1,106 1,360 1~384 2,744 2,840 4,380 1.080 1,730 2~08 4,138 35,930 AT~ACM NO. 6 CITY OF TEMECULA CASE NO. - PA96-0019 AND PA96-4)020 EXI-HRIT- A PLANNING COMMISSION DATE - MARCH 4, 1996 VICINITY MAP CITY OF TEMECULA ./ /' ~IIBIT B - ZONING MAP DESIGNATION - SP (SPECIFIC PLAN) '~HIBIT C - GENERAL PLAN ~SIGNATION - H (HIGH DENSflY RESIDENTIAL) CASE NO. - PA96-0020 (GENERAL PLAN ANf~.ND1VFF. NT) PLANNING CO1VIMI.~SION DATE - MARCH 4, 1996 CITY OF TEMECULA M PLANNING AREA NO. 38 4G CASE NO. - PA96-0020 EXHIRIT_ D PLANNtNG COMMISSION DATE EXISTING SPECIFIC PLAN ' MARCH 4, 1996 CITY OF TEMECULA M ING CASE NO. - PA96-4}020 PLA~G ~OMMIS'SION DAPTEO~ APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 Starlight Ridge Traffic Investigation PREPARED BY: Martin C. Lauber# Traffic Engineer RECOMMENDATION: That the City Council Support staff's continuing efforts to increase public awareness of the speed limit in this residential development by utilizing our radar trailer display unit and with follow-up police enforcement. BACKGROUND: The Department of Public Works was requested to provide the City Council with an overview of all efforts taken to work with the Starlight Ridge Neighborhood to quantify traffic operations within their neighborhood and to document all actions taken. In order to disseminate all of Staff's efforts to work with the residents of Starlight Ridge, staff has created a chronological chart depicting almost all of their interactions. The Traffic Division does not document every inquiry, specifically those phone calls wherein the staff can provide the necessary information to the caller during the initial conversation. Exhibit "A" lists every major interaction staff has engaged in since June of 1993. This summary identifies over twenty separate efforts dedicated to improving the traffic conditions within this neighborhood. Exhibit "B" shows an up-dated 3 year collision history and a chart showing all work orders completed for this area. Exhibit "C" indicates the request by the Homeowners Association (HOA) President to have this issue placed on our February 22, 1996, agenda. The item was placed on the agenda of that meeting, discussed by the Commission, unfortunately no representatives of the Starlight Ridge HOA attended. The Commission directed staff to continue Radar Trailer use and Police enforcement along with staff's attendance at meetings with the HOA to explore their willingness to finance traffic calming techniques that will be most effective to this neighborhood. Staff's primary mission is to provide the service to the community in a professional manner and in accordance with procedures and regulations approved by the City Council, r:~agdrpt\96\O326\stadigh.agn ffi ITEM 19 ITEM 20 TO: FROM: DATE: SUBJECT: APPROVAL CITY ATTORNEY FF DIRECTOR O IN N CITY MANAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager Gary Thornhill, Community Development Director March 26, 1996 Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit- Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) - Old Town Redevelopment Project Prepared By: Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Commission recommends the City Council: 1, Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATIONS NO. PA96-0024, PA96-0025, AND PA96-0026, MODIFYING A PORTION OF CONDITION OF APPROVAL NO. 44 OF PLANNING APPLICATION NO. PA94-0061 (MASTER CONDITIONAL USE PERMIT), A PORTION OF CONDITION OF APPROVAL NO. 38 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-0004 (TENTATIVE TRACT MAP NO. 28011) PERTAINING TO IMPROVEMENTS TO THE INTERCHANGE AT RANCHO CALIFORNIA ROAD AND INTERSTATE 15 2. Adopt a resolution entitled: RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0026, MODIFYING CONDITION OF APPROVAL NO. 32 OF PLANNING APPLICATION NO. PA95- 0003 (WESTSIDE SPECIFIC PLAN) PERTAINING TO TIMING FOR THE RECORDATION OF A FINAL SUBDIVISION MAP AND THE ISSUANCE OF A GRADING PERMIT R:\STAFF]P, FP, OTEP-REV.CC 3/21/96 rnf 1 improvements. Applicant shall contribute their share within thirty (30) days of the City's award of the construction contract for the ultimate improvements. The applicant's contribution to the construction of the ultimate improvements shall relieve the applicant from all responsibility regarding the timing for completion of the improvements at I-15 and Rancho California Road." The Commission recommended approval of the additional condition of approval, with the following language: "Prior to the issuance of a grading permit, the applicant shall enter into an Agreement and post securities..." The Commission was specifically concerned with timing of all interchanges (Winchester Road/Interstate 15, SR79(S)/Interstate 15 and Rancho California Road/Interstate 15). The Commission wished to make an additional recommendation to the City Council that ultimate improvements to the Rancho California/Interstate 15 interchange be selected over the Overland Road option. It is the Commission's feeling that if the Overland Road option is selected, and interim improvements are made to the Rancho California/Interstate 15 interchange, then these improvements would be less than adequate to address the City's long- term traffic in this area. The Commission recommended approval of the project by a 4-0 vote (Commissioner Webster was absent) with the additional recommendation and deletion of Condition of Approval No. 9 because it is include in the original conditions of approval for the project. FISCAL IMPACT None, Attachments: Resolution No. 96- - Page 4 A. Conditions of Approval - Page 8 Resolution No. 96- - Page 11 Planning Commission Staff Report: March 4, 1996 - Page 15 Planning Commission Staff Report: March 18, 1996 - Page 16 R:\STAFFRPT~O11P-P,~V.CC 3/20196 mf 3 ATTACHMENT NO. 1 RESOLUTION NO. 96- R:XSTAFF!~PT~OTRP-R~V.CC 3/20/96 mf 4 ATTACHMENT NO. 1 RF_~OLUTION NO. 96- A RESOLUTION OF TFrR CITY COUNCI~ OF THE CITY OF TEMECULA AlPROVING PLANNING APPLICATIONS NO. PA96-0024, PA96-0025, AND PA96-0026, MODIFYING A PORTION OF CONDITION OF APPROVAL NO. 44 OF PLANNING APPLICATION NO. PA94-0061 (MASTER CONDITIONAL USE PERMIT), A PORTION OF CONDITION OF APPROVAL NO. 38 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-0004 (TENTATIVE TRACT MAP NO. 28011) PERTAINING TO IMPROVEMENTS TO THE INTERCHANGE AT RANCHO CALII~ORNIA ROAD AND INTERSTATE 15 WHEREAS, the City if Temecula fried Planning Applications No. PA96-0024, PA96- 0025, and PA96-0026 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Applications No. PA96-0024, PA96-0025, and PA96-0026 were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission continued Planning Applications No. PA96-0024, PA96-0025, and PA96-0026 on March 4, 1996 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WIIEREAS, the Planning Commission considered Planning Applications No. PA96- 0024, PA96-0025, and PA96-0026 on March 18, 1996 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WFI'FREAS, at the conclusion of the Commission heaxing, the Commission recommended approval of Planning Applications No. PA96~0024, PA96-0025, and PA96-0026; WtW. REAS, the City Council conducted a public hearing pertaining to Planning Applications No. PA96-0024, PA96-0025, and PA96-0026 on March 26, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Applications No. PA96-0024, PA96-0025, and PA96-0026; R:\STAFFKPT\OTRP-RI~V.CC 3/21/96 mf 5 WItF, REAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Applications No. PA96-0024, PA96-0025, and PA96-0026; NOW, THEREFORE, THE CITY COUNCIL OF TIlE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Finding&. The City Council, in recommending approval of Plam~ing Applications No. PA96-0024, PA96-0025 and PA96-0026 makes the following findings: 1. Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) are consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. 2. The project as designed and conditioned will not adversely affect the public health or general weftare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. 3. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or previously planned land use of the area. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot cortfignration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City' s General ~lan, Ordinance No. 460 and Ordinance No. 348. Section 3. Environmental Compliance. Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project an. was certified by the City of Temecula City Council in July, 1995. According to Section 211o6 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the ErR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 subject to the following conditions: R:\STAFFRP'BOTRP-REV.CC 3/20/96 mf 6 A. Exhibit A, attached hemto, and incorporated heroin by this reference and made a pan hereof. Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSFJ~, APPROVED AND ADOPTED this 261h day of March, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk [SEAL] STATE OF CAI.I~ORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I !tF~REBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 261h day of March, 1996 by the following vote of the Council: AYES: NOES: ABSENT: CO~CILMEMBERS: CO~C~-MEMBERS: CO~CILMEMBERS: June S. Greek, City Clerk R:\STAFFRPT~OTP, P-REV.CC 3/20/96 mf 7 EXHIBIT A CONDITIONS OF APPROVAL R:\STAFFRP'BOTR~-REV.CC 3/20196 mf 8 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061 ), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) - Old Town Redevelopment Project Project Description: Modifying of a portion of Condition of Approval No. 44 of Planning Application No. PA94-0061 (Master Conditional Use Permit), a Portion of Condition of Approval No. 38 of Planning Application No. PA95-0003 (Westside Specific Plan); and a Portion of Condition of Approval No. 83 of Planning Application No. PA95-0004 (Tentative Tract Map No. 28011) pertaining to improvements to the interchange at Rancho California Road and Interstate 15 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94- 0061 ), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004), which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action, Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. All signage visible from Interstate 15 shall direct patrons of the Old Town Entertainment Complex to the I-15/SR79 South interchange. m All parking will be located off of the Western Bypass or accessible from the Western Bypass, Preferred parking or valet parking will from the Western Bypass. 4. No traffic shall be directed through Old Town toward Rancho California Road. R:~STAFFRP'~OTRP-R~V.CC 3120196 mf 9 5. All exiting traffic shall be directed south on the Western Bypass on SR79/I-15. Prior to Issuance of a Grading Permit The applicant shall enter into an Agreement and post securities for the construction of interim improvements to the Rancho California/I-15 interchange described as follows: At the Rancho California Road/Interstate 15 (I-15) northbound on ramps, on the westbound intersection approach, widen and/or re-stripe Rancho California Road to provide one through lane aligned with the (eventual) separate left turn lane at the I-15 south on ramps, one through lane, one optional through right turn lane, and one right turn lane. In order to accommodate two lanes of right turning traffic onto the I-15 north on ramp, widening and/or re-striping may be required just north of Rancho California Road. These two lanes should merge into one lane, however, prior to intersecting the mainline of I-15 north. Similar widening and/or re-striping shall be provided on the eastbound intersection approach at the Rancho California Road/Interstate I-15 south ramp. The Agreement shall require that construction of the interim improvements commence within twenty-four (24) months of issuance of any grading permit, Negotiable securities in a form acceptable to the City Attorney and an amount acceptable to the City Engineer shall be provided by the applicant guaranteeing the faithful performance of this obligation. Should the City proceed with construction of the ultimate improvements for the interchange ahead of the applicant, then the applicant shall contribute to the City's improvement project an amount equal to the cost of the interim improvements. Applicant shall contribute their share within thirty (30) days of the City's award of the construction contract for the ultimate improvements. The applicant's contribution to the construction of the ultimate improvements shall relieve the applicant from all responsibility regarding the timing for completion of the improvements at 1-15 and Rancho California Road. Amended at the Planning Commission hearing March 18, 1996. Prior to the Issuance of a Certificate of Occupancy Signage shall be placed at the intersection of Front Street and the Western Bypass directing patrons to parking off of the Western Bypass. All brochures will have maps and parking instructions will direct patrons to SR79 South/Interstate 15 interchange until such time that either the im provemerits to Rancho California Road/l-15 or Overland Road overpass are completed, A rcqucst to Caltrans for projcct signagc on I 15 will bc initiatcd. Thc signs will scrvc to dircct patrons to thc 8R78/I 15 cxit. Deleted at the Planning Commission hearing March 18, 1996. R:\STAFFRPT~OTRP-P, EV.CC 3/20/96 mf 10 AI'FACHMENT NO. 2 RESOLUTION NO. 96- R:\STAFFRP'I~OTR~-P~V.CC 3/20/~6 mf 11 ATTACHMENT NO. 2 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96- 0026, MODIFYING CONDITION OF APPROVAL NO. 32 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN) PERTAINING TO TIMING FOR THE RECORDATION OF A FINAL SUBDIVISION MAP AND THE ISSUANCE OF A GRADING PERMIT WHEREAS, the City of Temecula filed Planning Application No. PA96-0026 (Revised Permit) in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0026 (Revised Permit) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission continued Planning Application No. PA96-0026 (Revised Permit) on March 4, 1996 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, the Planning Commission considered Planning Application No. PA96-0026 (Revised Permit) on March 18, 1996 at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of Planning Application No. PA96-0026; WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA96-0026 on March 26, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA96-0026; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA96-0026; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findinqs. The City Council, in recommending approval of Planning Application No. PA96-0026 (Revised Permit) makes the following findings: 1. Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) is consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. 2, The project as designed and conditioned will not adversely affect the public health or general welfare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. 3. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or previously planned land use of the area. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City's General Plan, Ordinance No. 460 and Ordinance No. 348. Section 3. Environmental Comeliance, Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecula City Council in July, 1995. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respedt to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA96-0026deleting Condition of Approval No. 32 of Planning Application No. PA95-0003 (Westside Specific Plan) pertaining to timing for the recordation of a final subdivision map and the issuance of a grading permit. Section 5. The City Clerk shall certify the adoption of this Resolution. It:\STAFIrRPT\OTRP-P, EV.CC 3/20/96 mf 13 Section 6. PASSED, APPROVED AND ADOPTED this 26th day of March, 1996. Karel F. Lindemans, Mayor ATTEST: June S. Greek, City Clerk [SEAL) STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of March, 1996 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk R:~STAFFP, FI~OTKP-P~V.CC 3/20/96 mf 14 ATTACHMENT NO. 3 PLANNING COMMISSION STAFF REPORT: MARCH 4, 1996 R:\STAFFRlr~OTI~P-R,BV.CC 3/20/96 mf 15 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION March 4, 1996 Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061 ), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) - Old Town Redevelopment Project Prepared By: Steve Cresswell, Principal Engineer Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: APPLICATION INFORMATION APPLICANT: PROPOSAL: ADOPT Resolution No. 96- recommending approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 pertaining to interchange improvements to Rancho California Road and Interstate 15 based upon the Analysis and Findings contained in the Staff Report; LOCATION: ADOPT Resolution No. 96- recommending approval of Planning Application No. PA96-0026 pertaining to the timing of recordation of a final subdivision map and issuance of a grading permit, based upon the Analysis and Findings contained in the Staff Report; and RECOMMEND Approval of Planning Applicati0ns No. PA96-0024, PA96-0025 and PA96-0026, subject to the attached Conditions of Approval. City of Temecula Deletion of a portion of Condition of Approval No. 44 of Planning Application No. 94-0061 (Master Conditional Use Permit); a portion of Condition of Approval No. 38 of Planning Application No. 95-0003 (Westside Specific Plan); a portion of Condition of Approval No. 83 and Condition of Approval No. 32 of Planning Application No. PA95-0004 (Tentative Tract Map No. 28011) pertaining to timing of improvements Generally located west of Interstate 15, north of First Street/Santiago Road, east of the City's Western Border and south of Rancho California Road R:\STAFFRPT\OTRP-REV.pC 3/7/96 vgw 1 BACKGROUND On June 5, 1995 the Planning Commission recommended that the City Council approve the Old Town Redevelopment Project ("Project") and certify the Environmental Impact Report for the Project. The City Council approved the Project at their June 13, 1995 meeting. Since the City Council approval of the Project, Staff has had numerous meetings with the applicant and his representatives to discuss a variety of issues related to the project. Staff has recently determined that conditions of approval for the project relating to submittal of the grading plan prior to the recordation of the final map and the timing of improvements to the Rancho California/Interstate 15 interchange could present potential problems to the Project as well as impact current City capital improvement projects. Staff is recommending more flexibility be allowed for the specific timing of these items and is recommending the changes to the conditions of approval as discussed below. ANALYSIS Coordination of the Old Town Temecula Entertainment Complex with The Zev Buffman Group, Inc. (TZBG), has raised several issues pertaining to two of the Conditions of Approval for the project. These issues impact timing of construction of the project. They are: Issue No. 1: Condition of Approval No. 32 of Planning Application No. 95-0004 (Tentative Tract Map No. 28011 ) which reads: "Tract Map No. 28011 shall be recorded prior to the issuance of any permits;" and Issue No. 2: A portion of Condition of Approval No. 74 of Planning Application No. 94-0061 (Master Conditional Use Permit), a portion of Condition of Approval No. 38 of Planning Application No. 95-0003 (Westside Specific Plan), a portion of Condition No. 83 of Planning Application No. PA95-0004 (Tentative Tract Map No. 28011)which reads: "Page 40 of the study states that "at the Rancho California Road/Interstate 15 (1~15) north ramps, on the westbound inter'section approach, widen and/or re-stripe Rancho California Road to provide one through lane aligned with the (eventual) separate left turn lane at the I-15 south on- ramp, one through lane, one optional through/right turn lane, and one right turn lane. In order to accommodate two lanes of right turning traffic onto the I-15 north on-ramp, widening and/or restriping may be required just north of Rancho California Road; these two lanes should merge into one lane, however, prior to intersecting the mainline of I-15 north". The following language was added at the Planning Commission hearing: "Similar widening and/or restriping shall be provided on the eastbound intersection approach at the Rancho California Road/Interstate 15 south ramp." Issue No. 1 The applicant has provided a letter (dated February 12, 1996), regarding deletion of condition of approval No. 32 of Planning Application No. PA95-0003 regarding filing of the final map prior to issuance of any permit (reference Attachment No. 3). R;\STAFFRY~OTRP-PjBV.PC 3R/96 v~w 2 The basis for this request is to allow grading of the arena and the hotel site concurrent with the grading of the Western Bypass and the First Street extension. This will facilitate balancing of the cut and fill of all three sites and minimize any export or import of soil material. It will also reduce overall grading costs due to economies of scale of the work and avoid having to move the soft material more than once by having to temporarily stockpile it. Recommendation: Issue No. 1 Staff has reviewed this request and recommends deletion of this condition for the following reasons: All three sites will be graded concurrently maximizing the balance of cut and fill for the sites. Import and export will be reduced thereby reducing the impact from trucks on local streets. 3. Overall 4~roject costs will be reduced due to the economy of scale. Grading may commence while the map is being processed which will assist the applicant with the overall timing for completion of the project. Grading will be able to proceed during the dry weather season minimizing potential impacts from sedimentation from storm water runoff. a It is desirable to complete the grading prior to placing asphalt on the Western Bypass and First Street minimizing the impact to these newly constructed streets. Issue No. 2: This issue pertains to the deletion of a portion of Condition of Approval No. 44 of Planning Application No. 94-0061 (Master Conditional Use Permit); a portion of Condition of Approval No. 38 of Planning Application No. 95-0003 (Westside Specific Plan); and a portion of Condition of Approval No. 83 of Planning Application No. PA95-0004 (Tentative Tract Map No. 28011)regarding interim improvements to the Rancho California Road/l-15 overcrossing. The applicant was conditioned to provide interim improvements consisting of widening the existing ramps to the north and south on-ramps and re-striping of Rancho California Road to provide additional lanes. The City is currently designing ultimate improvements which includes the ramp widening, loop on-ramps, bridge widening and re-striping. The purpose of this condition was to alleviate peak hour traffic on Saturdays between the hours of 1:00 p.m. and 2:00 p.m. only. Peak hour weekdays are not significantly impacted by operation of the Entertainment Center which operates at off peak hours. Recommendation: Issue No. 2 Staff recommends deletion of this portion of the condition(s) for the following reasons: R:\STAFFRFI~OTRp-REV.pC 3R/96 vgw 3 The Winchester Road/I-15 interchange and Route 79(S)/I-15 interchange will be under construction at approximately the same time. Depending on the impacts from these projects, it may not be desirable to have all three interchanges under construction simultaneously. The impact from traffic occurs on Saturday peak hours. The applicant has submitted a proposal to divert traffic to the Route 79(S)/1-15 interchange. That will help alleviate this condition (reference Attachment No. 4). Staff recommends that the mitigation enumerated in this letter be included as a condition of approval for the project. The City is currently processing improvement plans for the Rancho California Road/I-15 interchange and would prefer to control the timing of these improvements without having the construction of interim improvements interfering with the City's capital project. Indications from Caltrans show a preference to have the ultimate improvements constructed by the City and not disrupt traffic due to construction more than once. The City currently has a project underway to interconnect the signals at the I-15 ramps and along Jefferson, Ynez, Winchester and Rancho California Roads. This signal interconnect will help improve service at the overcrossings. ENVIRONMENTAL DETERMINATION Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecula City Council in July, 1995. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and cbmplete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. SUMMARY/CONCLUSIONS Since the City Council approval of the Project, Staff has had numerous meetings with the applicant and his representatives to discuss a variety of issues related to the project. Staff has recently determined that conditions of approval for the project relating to submittal of the grading plan prior to the recordation of the final map and the timing of improvements to the Rancho California/Interstate 15 interchange could present potential problems to the Project as well as impact current City capital improvement projects. Staff is recommending more flexibility be allowed for the specific timing of these issues. FINDINGS Planning Application No. PA96-0024 {Revised Permit-Master Conditional Use Permit: PA94-0061 ), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Ran: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004)are consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or previously planned land use of the area. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City's General Plan, Ordinance No. 460 and Ordinance No. 348. Attachments: - 2. 3. 3. PC Resolution - Blue Page 6 A. Conditions of Approval - Blue Page 10 PC Resolution - Blue Page 13 Letter from Fluor Daniel dated February 12, 1996 - Blue Page 16 Letter from TZBG dated February 14, 1996- Blue Page 17 ATTACHMENT NO. 1 PC RESOLUTION NO. 96- R:\STAFFRFr\OTRp-RIiV.PC 3/7/96 vg~' {B ATTACHMENT NO. 1 PC RESOLUTION NO. 96- A RESOLUTION OF TItE PLANNING COPvlMISSION OF THE CITY OF TEMECULA DELETING A PORTION OF CONDITION OF APPROVAL NO. 44 OF PLANNING APPLICATION NO. 94- 0061 (MASTER CONDrrlONAL USE PERMIT), A PORTION OF CONDITION OF APPROVAL NO. 38 OF PLANNING APPLICATION NO. 95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-0004 (TENTATIVE TRACT MAP NO. 28011) PERTAINING TO TIIE TIxMING OF IMPROVEMENTS TO THE INTERCHANGE AT RANCHO CALIFORNIA ROAD AND INTERSTATE 15 WItEREAS, the City if Temecula filed Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 were processed in the time and manner prescribed by State and local law; WItEREAS, the Planning Commission considered Planning Applications No. PA96-0024, PA96- 0025 and PA96-0026 on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WtIEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Applications No. PA96-0024, PA96-0025 and PA96-0026; NOW, THEREFORE, THE PLANNING COMMISSION OF TIlE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findines. The Planning Commission, in recommending approval of Planning Applications No. PA96-0024, PA96~)025 and PA96-0026 makes the following findings: 1. Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) are consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. 2. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. R:\STAFFRPT~OTRP-REV.I~C 3/7/~6 vgw 7 3. The proposal will not have an adverse effect on surrounding propert),, because the use does not represent a significant change to the present or previously planned land use of the area. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City's General Plan. Ordinance No. 460 and Ordinance No. 348. Section 3. Environmental Compliance. Planning Application No. PA95-003 1 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecula City Council in July, 1995. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. COnditions. That the City of Temecula Planning Commission hereby recommends approval of Planning ~pplications No. PA96-0024, PA96-0025 and PA96-0026 subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a pan hereof. R:\STAFFRPT\OTRp-REV.PC 3/7/96 vgw 8 Section 5. PASSED, APPROVED AND ADOFrED this 4th day of March, 1996. CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 4th day of March, 1996 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: DEBBIE UBNOSKE SECRETARY EXHIBIT A CONDITIONS OF APPROVAL R:\$TAFFRPTXOTRP-REV.PC 3F1196 vgw ~ 0 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94. 0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95- 0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract .~.lap No. 28011: PA95-0004) - Old Town Redevelopment Project Project Description: Deletion of a portion of Condition of Approval No. 44 of Planning Application No. 94-0061 (Master Conditional Use Permit), a Portion of Condition of Approval No. 38 of Planning Application No. 95-0003 (Westside Specific Plan); and a Portion of Condition of Approval No. 83 of Planning Application No. PA95-0004 (Tentative Tract Map No. 28011) Pertaining to the Timing of Improvements to the Interchange at Rancho California Road and Interstate 15 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Harming Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004), which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seo., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. All signage visible from Interstate 15 shall direct patrons of the Old Town Entertainment Complex to the 1-15/SR 79 South interchange. All parking will be located off of the Western Bypass or accessible from the Western Bypass. Preferred parking or valet parking will from the Western Bypass. 4. No traffic shall be directed through Old Town toward Rancho California Road. 5. All exiting traffic shall be directed south on the Western Bypass on SR79/I-15. R:\STAFFRPT~OTRP-P, aiV.FC 3/7196 vgw ] ] Prior to the Issuance of a Certificate of Occupancy Signage shall be placed at the intersection of Front Street and the Western Bypass directing patrons to parking off of the Western Bypass. All brochures will have maps and parking instructions will direct patrons to SR79 South/Interstate 15 interchange until such time that either the improvements to Rancho California Road/I-15 or Overland Road overpass are completed. A request to Caltrans for project signage on 1-15 will be initiated. The signs will serve to direct patrons to the SR79/I-15 exit. R:\STAFFR!rBOTR!°-R~V.FC 3/7/96 vgw 'l 2 ATTACHMENT NO. 2 PC RESOLUTION NO. 96- R:\STAFFRFT\OTRP-REV.PC 3/7/96 vgw ~ 3 ATTACHMENT NO. 2 PC RESOLUTION NO. 96- A RESOLUTION OF TI-IE PLANNING CO1VI/VIISSION OF THE CITY OF TE1VIECULA DELETING CONDITION OF APPROVAL NO. 32 OF PLANNING APPLICATION NO. 95-0003 (WESTSIDE SPECIFIC PLAN) PERTAINING TO TIMING FOR THE RECORDATION OF A FINAL SUBDM SION MAP AND TIlE ISSUANCE OF A GRADING PERMIT WHEREAS, The City of Temecula filed Planning Application No. PA96-0026 (Revised Permit l in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0026 (Revised Permit) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA96-0026 (Revised Permit) on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WItEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0026 (Revised Permit); NOW, TItEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings. The Planning Commission, in recommending approval of Planning Application No. PA96-0026 (Revised Permit) makes the following findings: 1. Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) is consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. 2. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. 3. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or previously planned land use of the area. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City's General Plan, Ordinance No. 460 and Ordinance No. 348. R:~STAFFRFBOTRP-REV.PC 3/7/96 vgw 'J 4 Section 3. Environmental Comvliance. Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecnla City Council in July, 1995. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further enviromnental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Planning Application No. PA96-0026 deleting Condition of Approval No. 32 of Planning Application No. 95-0003 (Westside Specific Plan) pertaining to timing for the recordation of a final subdivision map and the issuance of a grading permit Section 4. PASSED, APPROVED AND ADOPTED this 4th day of March, 1996. CHAIRMAN I HEI~RRY CERTIFY that the foregoing Resolution was duly adopted by the Planning Conunission of the City of Temecula at a regular meeting thereof, held on the 4th day of March, 1996 by the following vote of the Commission: AYES: NOES: ABSENT: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: DEBBIE UBNOSKE SECRETARY R:\STAFFRPT~OTRp-REV.PC 3/7196 vgw '15 ATTACHMENT NO, 3 LETTER FROM FLUOR DANIEL DAI'ED FEBRUARY 12, 1996 R:\STAFFRPT~OTP, P-RI~V.PC 3/7/96 vgw 16 A'I'TACHMENT NO. 4 LETTER FROM TZBG DATED FEBRUARY 14, 1996 R:\STAFFRPT',OTRP-REV.PC 3/7/96 vgw 'l 7 February 14, 1996 Ron Bradley City of Temecula Temecula, CA 92590 Dear Ron: Per your request, the following is a list of items the Old Town Temecula Enmrtainment Complex project will do to mitigate traffic concerns after removal of the Condition of Approval for the Rancho California Road/I- 15 work: All signage visible from the freeway will direct patrons of the Old Town Entertainment Complex to the I-15/SR79 South Interchange. There will be signage at the Western Bypass and Front Street intersection direction patrons to go up the Western Bypass, to get to the parking.' ' ' All parking will be located off the Western Bypass or accessible from the Western Bypass. Preferredparking or valet parking-will be from the Western Bypass down First Street. No traffic will be directed through Old Town towards Rancho California Road. All exiting traffic will be directed south on the Western Bypass on SK79/I- 15. All brochures that have maps and parking instructions that come with tickets will direct patrons to SR79 South/I-15 interchange. A request to CalTrans for project signage on [-15 will be initiated. This request will be for signs directing patrons to the SR79 South/I-15 exit ny questions, please feel free to call me or John LeWay ,,~'Buffman _ ATTACHMENT NO. 4 PLANNING COMMISSION STAFF REPORT: MARCH 18, 1996 P,:\STAFFP, PT~OTRP-R~V.CC 3/20/96 mf 16 TO: FROM: DATE: SUBJECT: MEMORANDUM Planning Commission Gary Thornhill, Community Development Director March 18, 1996 Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit- Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) - Old Town Redevelopmerit Project Prepared by: Steve Cresswell, Principal Engineer Matthew Fagan, Associate Planner RECOMMENDATION: The Planning Department Staff recommends the Planning Commission: ADOPT Resolution No. 96- recommending approval of Planning Applications No, PA96-0024, PA96-0025 and PA96-0026 pertaining to interchange improvements to Rancho California Road and Interstate 15 based upon the Analysis and Findings contained in the Staff Report; RECOMMEND Approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026, subject to the attached Conditions of Approval. BACKGROUND At the March 5, 1996, Planning Commission Meeting several questions were raised regarding deletion of the condition of approval for the interim improvements to the Rancho California/interstate 15 interchange. Those questions were: 1 ) Who is responsible for paying for the interim improvements and what will they cost? 2) What is the timing for completion of the Winchester Road/Interstate 15 interchange improvements and the Route 79(S)/Interstate 15 interchange improvements? 3) When will a decision be made by City Council on prioritizing the Rancho California/interstate 15 interchange improvements and the Overland Bridge overcrossing? 4) How long will it take to construct the interim improvements? 5) What are the traffic impacts associated with diverting traffic to the Route 79(S)/Interstate 15 interchange? ARSWeFS: 1) The interim improvements identified in the existing condition of approval are required prior to occupancy. Under current City policy, if the applicant were to proceed first, they would be required to install the interim improvements at their cost in order to mitigate the traffic impacts from their project. If the City were to proceed first we would construct the ultimate improvements at no cost to the applicant. A detailed cost for the interim improvements has not been completed; however, a rough estimate places the cost of the improvements between $300,000 and 8400,000. 2) The Winchester Road/Interstate 15 interchange is currently under construction with an anticipated completion date of April, 1997. The Route 79(S)/Interstate 15 interchange improvememts are scheduled to begin construction in August, 1996 with completion anticipated in August, 1997. 3) A study report identifying the benefit of the various I-15 interchange improvements will be presented to the City Council in April or early May, 1996. From this report, City Council wilt decide whether to construct the ultimate improvements at Rancho California Road/interstate 15 or the Overland Bridge overcrossing. If the Rancho California Road interchange is selected, construction would commence approximately September, 1996, and be completed approximately December, 1997. If Overland Bridge is selected, it would follow approximately the same schedule for construction as the Rancho California Road project. The Rancho California Road project would then be postponed pending availability of funds. 4) To construct the interim improvements at Rancho California Road/interstate 15, it will take approximately 12 to 18 months to process a Preliminary Study Report (PSR) through Caltrans and six months to design and process a Project Report (PR). Construction can commence with approval of the Project Report and issuance of an Encroachment Permit. Construction of the interim improvements would take approximately six to eight months. Total project time line from PSR and PR to completion of construction would be approximately 32 months. 5) Due to the complex nature of the traffic study and the off-peak hours of traffic to and from the Entertainment Center, it is difficult to fully analyze the impacts of diverting traffic to the southern interchange (Route 79(S)/Interstate 15). Currently, the traffic study estimates sixty percent of the vehicles will approach to/from the Rancho California Road/Interstate 15 interchange and twenty percent will approach to/from the Route 79(S)/Interstate 15 interchange. A detailed study would be needed to determine the impacts of this diversion. Based on experience, staff believes there would be some benefit to diverting the traffic and balancing the traffic flows at these two interchanges but an exact determination can not be made at this time without a detailed study. RECOMMENDATION Staff has reviewed the Planning Commission's concerns with the applicant. Even though the request for deletion of the condition was initiated by Staff, the applicant does not want the Planning Commission or public at large to receive an impression that they are trying to avoid construction of any improvements, To this end, the applicant has agreed to contribute a proportionate share for the cost of the improvements (reference Attachment No. 4). Staff's primary reason for their initial request was to assist the applicant with moving forward on their project and avoid delays from processing of permits through Caltrans. The City's Rancho California Road project is under design and is approximately 95% complete. Based on discussions with the applicant, Staff has revised their recommendation for deleting the condition of approval pertaining to the Rancho California Road/Interstate 15 interchange improvements. Staff recommends the existing condition be deleted and replaced with the condition stated below. The condition as revised provides the applicant the additional time needed to install these improvements, should the City not proceed with their project for the ultimate improvements, without jeopardizing delay of opening the project due to delays by Caltrans that are beyond the applicant's control. It also provides for the applicant to contribute a .pr_oportionate share of the construction cost if the City does proceed with their project. Prior to issuance of a grading permit, the applicant shall enter into an Agreement for the construction of interim improvements to the Rancho California/I-15 interchange described as follows: At the Rancho California Road/Interstate 15 (I-15) northbound on ramps, on the westbound intersection approach, widen and/or re-stripe Rancho California Road to provide one through lane aligned with the (eventual) separate left turn lane at the I-15 south on ramps, one through lane, one optional through right turn lane, and one right turn lane. In order to accommodate two lanes of right turning traffic onto the I-15 north on ramp, widening and/or re-striping may be required just north of Rancho California Road. These two lanes should merge into one lane, however; prior to intersecting the mainline of I-15 north. Similar widening and/or re-striping shall be provided on the eastbound intersection approach at the Rancho California Road/Interstate I-15 south ramp. The Agreement shall require that construction of the interim improvements commence within twenty-four (24) months of issuance of any grading permit. Negotiable securities in a form acceptable to the City Attorney and an amount acceptable to the City Engineer shall be provided by the applicant guaranteeing the faithful performance of this obligation. Should the City proceed with construction of the ultimate improvements for the interchange ahead of the applicant, then the applicant shall contribute to the City's improvement project an amount equal to the cost of the interim improvements. Applicant shall contribute their share within thirty (30) days of the City's award of the construction contract for the ultimate improvements. The applicant's contribution to the construction of the ultimate improvements shall relieve the applicant from all responsibility regarding the timing for completion of the improvements at I-15 and Rancho California Road. ATTACHMENT NO. 1 PC RESOLUTION NO. R:\STAFFRP~OTRP-ILEV.PC2 3/13/96 uff 5 ATTACIIMENT NO. 1 PC RESOLUTION NO. 96- A RESOLUTION OF THE PLANNING CO1Vh'VI/SSION OF THE CITY OF TEMECULA MODIFYING A PORTION OF CONDITION OF APPROVAL NO. 44 OF PLANNING APPLICATION NO. 94-0061 (MASTER CONDITIONAL USE PERMIT), A PORTION OF CONDITION OF APPROVAL NO. 38 OF PLANNING APPLICATION NO. 95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-0004 (TENTATIVE TRACT MAP NO. 28011) PERTAINING TO IMPROVEMENTS TO THE INTERCHANGE AT RANCHO CALIFORNIA ROAD AND INTERSTATE 15 WHEREAS, the City if Temecula fried Planning Applications No. PA96-0024, PA96- 0025, and PA96~0026 in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Applications No. PA96-0024, PA96-0025, and PA96-0026 were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission continued Planning Applications No. PA96-0024, PA96-0025, and PA96-0026 on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, the Planning Commission considered Planning Applications No.' PA96- 0024, PA96-0025, and PA96-0026 on March 18, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Applications No. PA96-0024, PA96-0025, and PA96-0026; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are tree and correct. Section 2. Findines. The Planning Commission, in recommending approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 makes the following findings: 1. Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) are consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. 2. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. 3. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or previously planned land use of the area. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City's General Plan, Ordinance No. 460 and Ordinance No. 348. Section 3. Environmental Compliance. Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecula City Council in July, 1995. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the ":R; or, new information, which was not known at the time of the EIR was certified and ct. _?tete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions. That the City of Temecula Planning Commission hereby recommends approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. R:\STAFFRj~TXOTRP-REV.PC2 3/13/96 mf 7 Section 5. PASSED, AlPPROVED AND ADOPTED this 18th day of March, 1996. LINDA FAHEY CHAIRIVIAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of March, 1996 by the following vote of the Commission: AYF..S: NOES: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: DEBBIE UBNOSKE SECRETARY R:\STAFFRPT\OTRP-REV.PC2 3/13/96 mf ~ EXHIBIT A CONDITIONS OF APPROVAL CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061 ), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004) - Old Town Redevelopment Project Project Description: Modifying of a portion of Condition of Approval No. 44 of Planning Application No. 94-0061 (Master Conditional Use Permit), a Portion of Condition of Approval No. 38 of Planning Application No. 95-0003 (Westside Specific Plan); and a Portion of Condition of Approval No. 83 of Planning Application No. PA95-0004 (Tentative Tract Map No. 28011 ) pertaining to improvements to the interchange at Rancho California Road and Interstate 15 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94- 0061 ), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003) ,Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 28011: PA95-0004), which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. All signage visible from Interstate 15 shall direct patrons of the Old Town Entertainment Complex to the I-15/SR79 South interchange. All parking will be located off of the Western Bypass or accessible from the Western Bypass. Preferred parking or valet parking will from the Western Bypass. 4. No traffic shall be directed through Old Town toward Rancho California Road. R:\STAFFRPT\OTRP-REV.IL'2 3/13/96 mr 5. All exiting traffic shall be directed south on the Western Bypass on SR79/I-15. Prior to Issuance of a Grading Permit The applicant shall enter into an Agreement for the construction of interim improvements to the Rancho California/I-15 interchange described as follows: At the Rancho California Road/Interstate 15 (I-15) northbound on ramps, on the westbound intersection approach, widen and/or re-stripe Rancho California Road to provide one through lane aligned with the (eventual) separate left turn lane at the I-15 south on ramps, one through lane, one optional through right turn lane, and one right turn lane. In order to accommodate two lanes of right turning traffic onto the I-15 north on ramp, widening and/or re-striping may be required just north of Rancho California Road. These two lanes should merge into one lane, however, prior to intersecting the mainline of I-15 north. Similar widening and/or re-striping shall be provided on the eastbound intersection approach at the Rancho California Road/Interstate I-15 south ramp. The Agreement shall require that construction of the interim improvements commence within twenty-four (24) months of issuance of any grading permit. Negotiable securities in a form acceptable to the City Attorney and an amount acceptable to the City Engineer shall be provided by the applicant guaranteeing the faithful performance of this obligation. Should the City proceed with construction of the ultimate improvements for the interchange ahead of the applicant, then the applicant shall contribute to the City's improvement project an amount equal to the cost of the interim improvements. Applicant shall contribute their share within thirty (30) days of the City's award of the construction contract for the ultimate improvements. The applicant's contribution to the construction of the ultimate improvements shall relieve the applicant from all responsibility regarding the timing for completion of the improvements at I-15 and Rancho California Road. Prior to the Issuance of a Certificate of Occupancy Signage shall be placed at the intersection of Front Street and the Western Bypass directing patrons to parking off of the Western Bypass. All brochures will have maps and parking instructions will direct patrons to SR79 South/Interstate 15 interchange until such time that either the improvementsto Rancho California Road/l-15 or Overland Road overpass are completed. A request to Caltrans for project signage on I-15 will be initiated. The signs will serve to direct patrons to the SR79/1-15 exit. ATTACHMENT NO. 3 INTERSTATE 15/RANCHO CALIFORNIA ROAD IMPROVEMENTS EXHIBIT R:\STAFFRPT~OTRP-REV.PC2 3/13/9~ mf 13 f- / .< ~ ~ - TRAFFIC SIGNAL N,T.~. ~l ' STOP SIGN 1996 INTERSECTION LANE CONFIGURATIONS WITH PROJECT ROADWAY IMPROVEMENTS WITH MITIGATION F'I ~Barton-Aschman Associates, inc. FIGURE] CITY OF TEMECULA - OLD TOWN REDEVELOPMENT PROJECT L_.J 16 ATTACHMENT NO. 4 L~! I I:R FROM JOHN LEWAY DATED MARCH 8, 1996 R:~STAFFRFr\OTRP-REV.IK:2 3/14/96 mf 14 March 8, 1996 Mr. Ron Bradley City of Temecula 43174 Business Park Drive Temecula, CA 92590 WESTSDE SPECIFIC PLAN AND MASTER CONDITIONAL USE PERMIT - CONDITION 381 RANCHO CALIFORNIA RAN~ [N[PROVE~MZENTS Dear Ron: The Old Town Temecula Entertainment Center project will provide a security bond for the full amount of the improvements for condition 38. I, Rancho California Road/I-15 ramp improvements, and wilt complete above improvements 24 months after the start of construction of the Old Town project. Old Town Temecula Entertainment Center will assist City staff in obtaining CALTRANS approvals to meet the 24 month completion schedule of the Rancho California/I-15 ramp improvements. /' /J6hn D. LeWay A TZBG. Inc, Ven:ttre = = ~ EXIHR1T "B" STARLIGHT 1HDGE REPORTED TRAFFIC COLLISIONS 1993 to 1996 DATE 12/31/93 * 05/28/94 * 02/15/95 * 03/18/95 * 01/04/96 03/11/96 NOTE: LOCATION Cosmic Drive, 98' north of Nebula Lane Moontide Court, 167' east of Southern Cross Road Santa Cecilia Drive, 230' east of Agena Street 1:13 a.m. 6:30 12:00 midnight Southern Cross Road at 11:46 Moontide Court p.m. Cosmic Drive 16' west of 7:00 Asteroid Way a.m. Rancho California Road at 6:00 Cosmic Drive p.m. CAUSE Failure to maintain vehicle on a straight course of travel Unsafe turn, inattention, car problems (hit a parked vehicle) Driving while being under the influence of an alcoholic beverage and/or drugs Speed to fast for conditions Failure to yield right-of-way Under investigation * Incident involved only one moving vehicle. I ISSUED 08/22/94 05/22/95 05/22/95 06/08/95 11/15/95 WORK ORDERS COMPLETED I ACTION REQUESTED [ COMPLETED Install 4 "25 MPH" speed limit signs 08/31/94 Install 2-Way stops, Milky Way Drive at Asteroid 05/25/95 Install 1 "25 MPH" speed limit sign 05/25/95 Install "school pedestrian" warning sign 07/06/95 Re-locate "Not a Through Street" sign 11/16/95 EXHIBIT "C" MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PUBLIC/TRAFFIC SAFETY COMMISSION JANUARY 25, 1996 A regular meeting of the City of Temecula Public/Traffic Safety Commission was called to order on Thursday, January 25, 1996, 7:00 P.M., at the Temecula City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Chairman Charles Coe called the meeting to order. PRESENT: 4 COMMISSIONERS: Coe, Guerriero, Sander, Perry ABSENT: 1 COMMISSIONERS: Johnson Commissioner Johnson gave advance notice for his absence. Also present were Traffic Engineer Marty Lauber, Police Lieutenant James Domenoe, Battalion Chief Mark Brodowski. Chairman Coe called for non-agenda items at 7:05 P.M. Ken Bruckman, President Starlight Ridge Homeowners' Association, reported on two accidents which happened on Cosmic Drive and shared photos of various skid marks in front of his home. He asked the Commission to consider resolving the traffic problem in the Starlight Ridge area. He also stated that the Home Owners Association has selected curb modifications be installed in conjunction with the construction of the sidewalk along Santa Cecilia Drive and also to explore traffic circles, ball chokers and stop signs as resolutions to the traffic problems. Further, he spoke in opposition to the requirement for 75% of home owners to sign petitions in order to have traffic modifications implemented. Chairman Coe recommended this item be on the next agenda. The Commission indicated their desire to resolve this situation. Traffic Engineer Marry Lauber responded that a meeting will be set-up with Ken Bruckman of the Starlight Ridge area to scope the project and he will present an estimate of costs to the Commission at the next meeting. Commissioner Perry stated that he has driven in the area to explore the problem and has not personally seen any violations. He asked the time of day or night the traffic violations were taking place. Ken Bruckman responded that during early morning and evening when children are traveling to and from school is the best time to see traffic violators. Cynthia Arocha, 44535 Bedford Court, spoke in support of signalization at Bedford Court/Hwy 79(S) intersection. A petition containing 2,000 signatures has been obtained and warrants have been met. AGENDA REPORT TO: Public/Traffic Safety Commission FROM: Marty Lauber, Traffic Engineer DATE: Augu~ 25,1994 SUBJECT: Item 4 City of Temecula - Street Closure or Modification Policy RECOMMENDATION: That the Public/Traffic Safety Commission review and comment on the draft Street Closure or Modification Policy. BACKGROUND: Due to requests to have the Department of Public Works close or modify public streets, the Traffic Division proposes to create a policy to guide public officials in order to ensure solutions that are equatable for the entire community. The State of California has preempted the field of traffic control (refer to Section 21 of the California Vehicle Code), and no local authority is allowed to enact or enforce any ordinance on the matters covered by the Vehicle Code unless expressly authorized by statute. It is the policy of the State that all persons have an equal right to use the streets and highways, and localities have no carte blanche and, absent express authority, may not determine which traffic shall and which shall not use streets. Based upon this policy, in the absence of specific State legislative authority to the contrary, a city may not restrict the right to travel upon one of its streets to its residents or to other exempted drivers. Some examples in the Vehicle Code of such specific authority to regulate travel upon streets are: if the City Council determines the street is no longer needed for vehicular traffic [§21101 (a)]; if needed to implement the Circulation Element of a General Plan | § 21101 (f)]; if due to criminal activity [§21101.4]; regulating or prohibiting processions or assemblages [§(a)]; and on streets dividing school grounds to protect students attending such school or school grounds. When a local agency decides to utilize the express delegation of such authority, the local agency may only utilize "office traffic control devices" authorized by the Vehicle Code. Additional, local authorities may not place gates or other selective devices on any street which deny or restrict the access of certain members of the public to the street, while permitting others unrestricted access to the street. PURPOSE OF POLICY Consistent with State law and policy, it is the general policy of the City to not allow temporary or permanent closure of any public street to vehicular traffic. Requests for closure or modification of traffic flow on a public street will be considered, however, based on a petition which meets all the criteria and procedures outlined in the attached policy. The City will carefully review each street closure or traffic flow modification request to ensure that the proposed location and attending circumstances meet all the criteria outlined in our policy and in State law described above. The purpose of this policy is to set forth the process and criteria by which modification of traffic flow or closure of public streets may be considered by the City Council and to identify the conditions under which closures or modifications may be enacted. This policy only applies to the closure or modification of traffic flow on public streets initiated by citizens. This policy will not apply to the closure or modification of traffic flow on public streets initiated by the City to address specific traffic safety issues or to comply with State and Federal standards and warrants. This policy also will not apply to temporary changes in traffic that are needed to stage special events in the City. FISCAL IMPACT: None Attachments: 1. Draft Street Closure or Modification Policy 2. Appendix "A" pUBLIC/TRAFFIC SAFETY COMMISSION AUGUST 25, 1994 The motion carried as follows: AYES: 4 COMMISSIONERS: Coe, Johnson, Sanders, Perry NOES: 0 COMMISSIONERS: ABSENT: I COMMISSIONERS: Guerriero 4. City of Temecula - Street Closure or Modification Policy Traffic Engineer Marry Lauber presented the staff report regarding the draft Street Closure or Modification Policy. Commissioner Sanders inquired if the policy referred to only residential streets. Traffic Engineer Lauber responded that residential streets are referred to as "local streets" in the policy criteria. It was the Commissions recommendation to continue this item off calendar, to allow staff to do further research, receive additional input, and to bring back to the Commission at a later date. Chairman Perry called for a recess at 9:50 p.m. The Commission reconvened at 9:55 p.m. 5. Traffic Enoineer's Reoort Traffic Engineer Marty Lauber reported on the following: Pala Road/SR 79(S) Right Turn Lane - Caltrans coordination, received one bid which was over the engineers estimate, staff to recommend to City Council to reject bid and to re-advertise. Contacted Greyhound Bus Line Service * One stop in Temecula located on Jefferson Avenue at McDonalds. Contacted representative for RTA regarding Future Route Change Workshop on September 13, 1994. A representative will attend the workshop and provide their current schedule for the Temecula area. Contacted three shopping centers, two centers provided exhibits showing their on-site bus sites. Reviewed upcoming meeting dates, Commissioners Coe, Guerriero, Johnson and Perry will be attending the Traffic Commissioners Workshop, October 15, 1994 at Cal Poly, Pomona. AGENDA REPORT TO: Public/Traffic Safety Commission FROM: Marry Lauber, Traffic Engineer DATE: September :22, 1994 SUBJECT: Item 4 Street Closure/Modification Policy RECOMMENDATION: That the Public/Traffic Safety Commission recommend that the City Council adopt the attached "City of Temecula Policy for Closure or Modification of Traffic Row on Public Streets". BACKGROUND: This policy was previously presented to the Commission in draec form for review and comment. A few items were discussad and requested to be incorporated into a final draft to be brought back for Commission approval. The Traffic Division recommended that specific wording changes be submitted prior to September 13, 1994 for incorporation, providing staff with clear direction. Commissioner Guerriero was contacted to solicit input since he was absent from ~e Commission meeting of August 1994. The attached document, "City of Temecula Policy for Closure or Modification of Traffic Flow on Public Streets", identifies staffs effort to include all items discussed at our meeting because no written changes were received. FISCAL IMPACT: None Attachments: City of Temecula Policy for Closure or Modification of Traffic Flow on Public Streets PUBLIC/TRAFFIC SAFETY COMMISSION SEPTEMBER 22.1994 Co-Chairman Sander declared a recess at 8:25 p.m. The meeting reconvened at 8:30 p.m. 3. Speed Limit - Nicolas Road from Winchester Road to Calle Medusa Traffic Engineer Marty Lauber presented the staff report. Based on a survey of over 300 vehicles, 54 mph was the average speed. Based on this survey Mr. Lauber recommended that the speed limit be set at 50 mph. It was moved by Commissioner Johnson, seconded by Commissioner Guerriero to accept staff recommendation to set the speed limit to 50 mph, and recommend that staff look into installing a "Pavement End" or appropriate sign close to the intersection of Calle Medusa and Nicolas Road. The motion carried as follows: AYES: 4 COMMISSIONERS: Coe, Johnson, Sanders, Guerriero NOES: 0 COMMISSIONERS: ABSENT: I COMMISSIONERS: Perry 4. Street Closure/Modification Policy Traffic Engineer Marty Lauber presented the "City of Temecula Policy for Closure or Modification of Traffic Flow on Public Streets" in its original form with changes noted in strike-out form. Mr. Lauber also stated he is also working to update the travel forecast model for the City, and incorporate some streets in that system. If it can be funded it will be presented as a mini work station, the closest facility is in Riverside. It was moved by Commissioner Johnson, seconded by Commissioner Guerriero that staff refer the Street Closure/Modification Policy to the City Attorney for review and comment as to its application as a general release document, and to make the document consistent by using the word "Property Owner" in place of "residents or long term renters". It was further directed that after review by the City Attorney the policy is to go directly to the City Council with copies to the Commission. The motion carried as follows: AYES: 4 COMMISSIONERS: Coe, Johnson, Sanders, Guerriero NOES: 0 COMMISSIONERS: ABSENT: I COMMISSIONERS: Perry AGENDA REPORT FROM: DATE: SUBJECT: Public/Traffic Safety Commission Many Lauber, Traffic Engineer April 27, 1995 Item ~ 'SWp' Controls on Milky Way Drive at Asteroid Way RECOMMENDATION: That the Public/Traffic Safety Commission approve the installation of "Stop" controls on Milky Way Drive at Asteroid Way. BACKGROUND: The Traffic Division was contacted regarding traffic safety in the Starlight Ridge neighborhood. The major concern was that some intersections in the northeastern portion of Starlight Ridge do not have any controls. Most of the intersections without controls are local street "T" intersections. At these intersections, motorists are required to yield to traffic if they are approaching on the steam of the "T" . There is a provision in the California Vehicle Code (CVC) which regulates the assignment of right-of-way (ROW) at all "T" intersections. The intersection of Milky Way Drive and Asteroid Way currently forms a four (4) way intersection without any assignment of ROW. The Caltrans Traffic Manual describes seven (7) conditions which indicate the possible need for stop controls. These warrants are listed below. · Warrants for STOP Signs Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following conditions exist: 1. On the less important wad at its intersection with a ma'm road where application of the normal right of way rule is unduly hazardous as evidenced by accidents susceptible to correction by STOP signs. 2. On a county road or city street at its intersection with a state highway. 3. At the intersection of two main highways. The highway traffic to be stopped depends on appwach speeds, volumes, and turning movements. 4. On a street enter'rag a legally established through highway or street. 5. On a minor street where the safe approach speed to the intersection is less than 10 miles per hour. 6. At an unsiguallzed intersection in a signalized area. 7. At other intersections where a combination of high speed, restricted view, and accident record indicates a need for control by the STOP sign. L LOC. A'T'IOr,-,J PUBLIC/TRAFFIC COMMISSION MEETING APRIL 27, 1995 Commissioner Sander spoke in favor of the School District's expansion of their existing parking facility. Commissioner Johnson asked staff if an ordinance was in force regarding the street sweeping schedule. Engineer Lauber responded that no ordinance existed, however, he will investigate this with Public Works and respond back to the Commission. The motion was made by Commissioner Guerriero and seconded by Commissioner Perry to table action on this item for 30 days in order to give the school district time to educate the students to park in the expanded parking facility. The Commission will review this item and if approved, the "no parking" time limit will be 7:00 A.M. to 11:00 A.M. The motion carried as follows: A-YES: COMMISSIONERS: 4 NOES: COMMISSIONERS: 0 ABSENT: COMMISSIONERS: 1 Chairman Johnson called a 9 minute recess. Johnson, Sander, Guerriero, Perry None Coe The meeting of the Public/Traffic Safety Commission was reconvened at 8:35 P,M. Chairman Johnson presiding. 5. "STOP" Controls on Milky Way Drive at Asteroid WaY Engineer Lauber reported on correspondence received from residents in Starlight Ridge regarding traffic problems at the intersection of Milky Way D~'ive and Asteroid Way. Engineer Lauber stated that traffic warrant No. 5 exists and staff recommends approval. It was moved by Commissioner Perry and seconded by Commissioner Guerriero to recommend to City Council that "Stop" controls on Milky Way Driver and Asteroid Way be installed. Minutes. Pts\042795 4 AGENDA REPORT FROM: DATE: Public/Traffic Safety Commission Marry Lauber, Traffic Engineer June 22, 1995 Item 2 Stop Controls on Agena Stree~ at Santa Cecilia Drive RECOMMENDATION: That the Public/Traffic Safety Commission approve the installation of stop controls on Agena Street at Santa Cecilia Drive. BACKGROUND: The Traffic Division was contacted regarding traffic safety in the Starlight Ridge neighborhood. The major concern was that some intersections in the northeastern portion of Starlight Ridge do not have any controls. More specifically, the Traffic Division was asked to evaluate the intersections of; Santa Cecilia Drive, Agena Street, Cosmic Drive and Asteroid Way. Three (3) of these intersections are local street "T" intersections. At these intersections, motorists are required to yield to traffic if they are approaching on the steam of the "T" . There is a provision in the California Vehicle Code (CVC) which regulates the assignment of right-of-way (ROW) at all "T" intersections. If sight distance limitations exist, the posting of stop or yield signs are advised. All three (3) intersections have good approach visibility. The intersection of Agana Street and Santa Cecilia Drive currently forms a four (4) way intersection without any assignment of ROW. The Caltrans Traffic Manual describes seven (7) conditions which indicate the possible need for stop controls. These warrants are listed below. · Wan'ants for STOP Signs Because the STOP sign causes a substantial inconvenience to motorists, it should be used only where warranted. A STOP sign may be warranted at an intersection where one or more of the following conditions exists: 1. On the less important road at its intersection with a main road where application of the normal right of way rule is unduly hazardous as evidenced by accidents susceptible to correction by STOP signs. 2. On a county road or city street at its intersection with a state highway. 3. At the intersection of two main highways. The highway traffic to be sWpped depends on approach speeds, volumes, and turning movements. 4. On a street entering a legally established through highway or street. 5. On a minor street where the safe approach speed to the intersection is less than 10 miles per hour. 6. At an unsignalized intersection in a signalized area. 7. At other intersections where a combination of high speed, restricted view, and accident record indicates a need for control by the STOP sign. Staff has reviewed all conditions and found number 5 to apply to Agena Street when approaching Santa Cecilia Drive. Therefore staff recommends placing 'Stop' signs with limit lines on Agena Street at Santa Cecilia Drive. FISCAL IMPACT: 2 - "Stop" Signs with Limit Lines at $150 each --- $300 Attachment: Location Map 0 0 2 0 LOCA'YRON,J PUBLIC/TRAFFIC COMMISSION MEETING JUNE 22. 1995 COMMISSION BUSINESS 2. Stop Controls on Agena Street at Santa Cecilia Drive Director Joe Kicak, acting in the absence of Traffic Engineer Marry Lauber, reported on a concern brought before the City Council insupport of stop controls on Agena Street. Staff recommends approval. PUBLIC COMMENTS Ken Bruckman, 42244 Cosmic Drive, representing Starlight Ridge Home Owners Association spoke in support of stop controls or signals in the area. He reported on concerns for safety in the neighborhood by distributing additional background including speed reports. Commissioner Guerriero recommended a speed undulation program alternative. He would like this item on the next meeting agenda. He requested staff provide policy documentation to the Commission. Commissioner Perry responded thet all residents would reed to approve speed bumps and recommended the representatives contact everyone in the community. Commissioner Perry also asked if stop signs could be installed on Cosmic Drive instead ot Santa Cecilia Drive. Director Kicak responded that this would not help and the location needs to be warranted. Staff will conduct volume and speed studies. Lieutenant Domenoe will research the enforcement in the area. Commissioner Guerriero requested that a study of alternatives be presented to the CommissiOn within 30 days. Wayne Hall, 42131 Agena Street, President of Starlight Ridge Home Owners Association, spoke with concern for safety in the area and would like to see a 4-way stop at Agena Street and Cosmic Drive and Agena Street and Santa Cecilia Drive. The home owners will try anything even speed bumps. Commissioner Coe requested staff look into this further. It was moved by Commissioner Guerriero and seconded by Commissioner Perry to table the Stop Controls agenda item and bring it back to the Commission when the survey is completed. IVlinutee,Pte~062295 2 AGENDA REPORT TO: FROM: DATE: Publicffraffic Safety Commi-~sion Many Lauber, Traffic Engineer August 24, 1995 Item 4 Starlight Ridge Traffic Study RECOMIVIENDATION: That the Temecula Police Department implement a plan of consistent speed enforcement, end the Department of Public Works regularly schedule the Radar Trailer Display unit for Asteroid Way, Cosmic Drive, Agena Street, Santa Cecilia Drive and Southern Cross Road. That the Public/Traffic Safety Commission approve the installation of swp controls on Agena Street at Santa Cecilia Drive. BACKGROUND: At the June 22, 1995 meeting of this Commission, staff brought forward a recommendation to place stop controls on Agena Street at Santa Cecilia Drive (agenda report attached). After the staff report by Joseph Kicak, Director of Public Works/City Engineer, the item was opened for public comment. Ken Bruckman representing the Starlight Ridge Home Owners Association presented the Commission with additional information which is aV. ached. Although his memo covered a lot of issues, the four (4) predominant traffic issues were: 2. 3. 4. The main roadway in Starlight Ridge are being used as a short cut. Vehicle speeds are a problem. The existing vehicle volumes are a problem. Request to extend Moraga Road through to Mira Loma Drive. I would like to respond to each of these concerns separately and then present our recommendations for the entire area. In order to determine the exact number of cut-through traffic for the Starlight Ridge area, although not impossible, it would take a major effort completely out of the scope that could be provided by current City staff. To gage the overall roadway use compared with street capacity, estimated trip generation was calculated. Each single family resident is forecasted to generate approximately ten (10) trips per day. Staff has counted only single family residence in Starlight Ridge and came up with approximately 570 homes, Using this number, we can estimate that these homes could generate about 5,700 trips per day without including the apartments on the far east end west ends of the study area. If our counters only registered 50% of all internally generated trips (local not cut- through) we would have registered 2,850 vehicles per day. As shown in Table "A", we counted 2,963 vehicles per day. On a real general basis, this seems to indicate no or very litfie short-cut traffic not generated within Starlight Ridge. All public streets are provided for anyone to use on whatever paths they select. Speeds were collected on the five (5) local collector streets shown on Exhibit "A" location map. Table "A" identifies each of the associated critical speeds (85th percentlie) surveyed by direction. For an area with a residential prima facia speed limit of 25 MPH, our survey was disheartening. Since our data collection effort in 1994, both Police Deparxment and Public Works have made an effort to reduce speeds on Cosmic Drive specifically. Staff has posted the residential speed limit of 25 MPH on Cosmic Drive and requested police enforcement. We have recently located the Radar Trailer Display unit on Cosmic Drive to gage its effectiveness on speed when surveyed a week later. Police enforcement was asked to stay away from this area from July 21, 1995 so it would not influence results. Table "B" shows the collision history for this area. Directional 24 hour volumes are also shown on Table "A" for all roadways. All streets in this area indicate exceptional low volumes except Cosmic Drive. The 1,017 car per day on Cosmic Drive reflects about 15% below the 1,200 cars a day indicating acceptable roadway service levels. Based on existing developments and the circulation element of the City's General Plan, the extension of Moraga Road from Rancho California Road to Mira Loma Drive is not in our future. The existing topograph would also be a major obstacles. As requested by Commissioner Guerriero, the City's Speed Undulation Policy is attached. Since the required traffic volumes are not reached for any of our subject streets, these roadways would not be eligible for implementation of speed undulations. Other factors such as roadway widths and Fades could also disqualify these streets and have not been evaluated. Based on the reduction in speeds on Cosmic Drive over the past year, staff recommends implementing a program of consistent speed enforcement, a regular schedule of placing the City's Radar Trailer Display unit on all five (5) subject streets. We also recommend posting stop controls on Agana Street at Santa Cecilia Drive. HSCAL ]NIPACT: 2 - Stop Signs with Limit Lines @ $150.00 each = $300.00 Attachments: Table "A" - Travel Flow Data Table "B" * Collision History Exhibit "A" - Location Map June 22, 1995 PublicfFraffc Safety Agenda Report Memo from Ken Bruckman Speed Undulation Policy LOCATION ASTEROID WAY Northbound Southbound TABLE "A" TRAVEL FLOW DATA STARLIGHT RIDGE SUBDIVISION 358 Vehicles 140 Vehicles 218 Vehicles : CRITICAL COUNTS :6/94 8/95 40 MPH 36 MPH COSMIC DRIVE 1,017 Vehicles 38 MPH Northbound 486 Vehicles 33 MPH Southbound 531 Vehicles 32 MPH SANTA CECILIA DRIVE 778 Vehicles 33 MPH Northbound 377 Vehicles 38 MPH Southbound 401 Vehicles 36 MPH AGENA STREET 277 Vehicles Eastbound 138 Vehicles 43 MPH Westbound 139 Vehicles 31 MPH SOUTHERN CROSS ROAD 533 Vehicles Eastbound 251 Vehicles 33 MPH Westbound 282 Vehicles 36 MPH TOTAL 2,963 Vehicles Average = 35.8 MPH TABLE "B" COLLISION HISTORY STARLIGHT RIDGE SUBDIVISION AGENA STREET ASTEROID WAY COSMIC DRIVE SANTA CECILIA DRIVE SOUTHERN CROSS ROAD 1993 0 0 0 0 0 PDO 1994 0 0 . 0 0 0 . 0 I 1 1 t 0 I 0 0 , 0 0 0 , 0 INJURY PDO , INJURY 1995' 0 0 0 0 1 PDO 0 0 0 1 0 INJURY * 1-1-95 through 3-31-95 PDO - Property Damage Only RE~ORA ST CAPRICE CT CANDIDA DR ~cHu~~ , [v,~, I ~L LA pRII~,AVERA PL /~D AGENDA REPORT (ADDITIONAL BACKGROUND NOTES) TO: FROM: DATE: SUBJECT: Public/Traffic Safety Comrr~ssion Ken Bruckman / Homeowner 422~,4 Cosmic Dr. Temecula~ CA 92592 (909) 699-6590 June 22, 1995 Item 2 Stop Controls on Agena Street at Santa Cec~a Drive ADDITIONAL BACKGROUND: The purpose of this report is to provide additional in:formation on z:~_ :raffle problems that continue to occur in the Starlight Rjdge area~ or more spec/~cally, on the IvIira Loma-Santa Cecilia-Cosmic Drive "speedway". These neighborhood stxsets are being used as a short-cut by two groups of drivers: 1.) Teachers, School Administrators, and Parents of Students at Vail Elementary School (who llve in any area north of the school) as they ~o to and from the school. Vail Elementary School is a year-around school and there are no sidewalks so this traffic is mix~g with elcmentaxy school children walking in the street to ..rid from Vail Elementary. School. 2.) Residents of the Apartments, Duple.xes, and Houses surrounding )' "a Loma Dr. and Area south of Rancho Vista Drive as they `'o · 77 _~om Raneho California Rd. Among this second group is a substantial numner ofyotmg, aggressive males who have no regard for the children in the area. They like to chase each other r'~:Dugh these streets and often appear to be under the influence of drugs or alcohol (see attached Press Enterprise article dated 6/22/94). Among the known inddents that have taken place in the last 3 years are as follows: 1 .) Drunk driver smashes into 4 cars on Santa Celilia Dr., nushin`' one of them into homeowner's garage. Homeowners Ewe seen the man drive by their house repeatedly since then, staring at them as he ~'es by. (Eaxly 1995) 2.) Do,, run over '~.d killed on Cosmic Dr. between Santa Cecilia and Rancho California Dr. (Summer 1994) 3.) Assault with a deadly weapon at intersection of Santa Cecilia and Cosmic Drive. Two drivers get into altercation, one driver auacks other with knife. (Summer 1994) (cont.) page 2 Public/Traffic Safety, Commission 4.) Shootina incident occurs durin,z parw on Mira Loma Dr. bv Vail Elementarv school (see attached article). Cars chase each other with additional shots fixed at intersection of Rancho California Rd. and Ynez. Police raid home, find drugs, guns, aretoo; male juvenile arrested on outstanding warrant. (June 22, 1994) S.) Driver on Santa Cecilia hits bicvclist head-on as bicvclist is tumin~ left onto Santa Cecilia from Aaena St. Bicyclist spends two weeks in hospital. (Spring, 1993) 6.) Drunk driver driving down Santa Cecilia misses comer at Cosmic Dr. and smashes into tree at 42258 Cosmic Dr. (Summer 1992) 7.) Many other near-traeedies that have gone unreported. A trazfl5c study was conducted approximately one year ago (see attached letter from Hasib Baha dated August 17, 1994, along with speed data for 6/22/94). The city has installed "25 MPH" speed limit signs (in front of my house). There has also been selective monitoring (using a radar trailer) and occasional radar enforcement (by motorcycle police of:ricer). However, the volume and speed of the traffic continues to be a problem for many homeowners in Starhght Ridge, particularly along Cosmic Dr. and Santa Cecilia. Once again, these are neighborhood streets with lots of kids walking on the streets to and from the Vail Elementary. School. These streets arc being used, in large part, by people from outside the neighborhood, as a short-cut. Efforts to date, while beneficial, have done little to reduce the speed, or particularly, the volume of traffic on these streets. Any efforts by Traf~c Safety Commission to provide a long-term solution to this problem would be greatly appreciated. One possible long-term solution might be to extend Moraga Rd. through to Mira Loma Dr. Another might be to install physica/barriers to prevent traffic from using this MLra Loma-Santa Cecilia- Cosmic Dr. short-cut. Attachments: Copy of Press Enterprise Article dated 6/22/94 Hasib Baha Letter dated 8/17/94 (inc. speed data for Cosmic Dr. on 6/22/94) Two arrested after shots fired at Temecula party 'l'he Pre~s. Entcrprise TEMECULA Two people were ~z'es~ed after shoes were Jired a~ a p~ ~d one oI ~e p~-goe~ w~ ~ chad ~ou~ ~e No one wi ia]~ed. The ~dd~t be~ Monday ni~t ~er ~ve~ people be~ to ~t au~ng ~e p~ on ~e 29000 bl~k of M~ ~ D~ve~ pe~on aea to l~ve. A~r~ to ~lice, F~ ~uk~, 22. of C~ M~ ~leg~y ~ a h~dgun once in a fender. Police ~d hoe ~l~e ae n~e ol ~e ~n who w~ shot aL ~ he lied, offer DeoDlec~ased him, ltrin~ at him at the mtersectmn of Ynez and Rancno C_,ailorflia roads. The person managed to elude his pursuers Until he was contacted by police. Police officers got a search war- rant for the Mira Loma Drive address and lound more than a DOllrid and a half of mariiuana with an estimated su'eet value of $4,000, nla,,-ijumla planIs, it, ms; rimmuni- tion and drug para hem alia. A maJe lovemje aw~o hves at the house was az'res~ed .on an ouL~tand- m~ warranL C. hu~es was a~rasted oo suspi~ cion of ~r..~I~t with a dea~y weap:. it.y of Temecula Business Park Drive · Temecula. Califorma 92590 Au~st 17, 1994 Mr. and Mrs. Brucknnn 4224,, Cosmic Drive Temecula, California 92592 Dear Mr. and Mrs. Bruclcman: This letter is a follow up to our letter dated July I, 1994 and a response to your letter dated June 22, 1994. In your letter you showed concerns about speeding motorists on Cosmic Drive near Santa Cecilia Drive, rn:~lcing left turns from Cosmic Drive into westbound Rancho California Road, and establishing sidewalks on Santa Cecilia Drive. As promised, I have installed two speed/volume counters to study the speed profile of vehicles travelling on Cosmic Drive and Santa Cecilia Drive. These counters have recorded speeds from June 22, 1994 to June, 27, 1994. One counter was installed ~bout 400 feet west of Cosmic Drive on Santa Cecilia and the other counter was approximately 400 feet north of Santa Cecilia Drive on Cosmic Drive. Speeds recorded on Cosmic Drive were significantly higher. The data from both counters is auached for your review. ANALYZING DATA: Cosmic Drive and Santa Cecilia Drive are residential streets. According to California Vehicle Code (22352 b.1) residential streets have a prirna facie speed limit of 25mph. The data on Cosmic Drive shows an unusually high number of vehicles traveling in excess of 30 miles per hour. (See attached data) An All-Way "Stop' sign is not warranted at this intersection based on the average daily tnffic (volume). Please see the attached Caltrans Warrants for an All-Way Stop sign installation. As part of our signal priority listing we will be ranking the intersection of Rancho California road and Cosmic Drive. RECOMMENDATION: Based on the obtained data and field investigations, we feel that installation of '25 MPH' speed limit signs at Cosmic Drive along with selective Police enforcement could reduce speeding violations at this intersection. In addition, The City of Temecula is currently developing a Neighborhood Traffic Awareness Program to educate motorists as to their speed on public streets. We are in the process of obtaining a radar-trailer which will inform the drivers of their velocity by displaying the exact speed when approaching the radar trailer. The posted speed limit is shown just above the vehicle speed for comparison. We will be glad to put your name on our radar-trailer study list if you would like to volunteer to monitor speed limit compliance. We believe the installation of a radar-trailer could help reduce the speed of the motorists on Cosmic Drive. Thank you again and if you have any questions or comments concerning this matter, please contact me at 69,~-6411. Sincerely, , Hasib . Baha ~ Traffic Technician Attachment: Existing Speed Data Sheets All-Way Stop Control Policy cc: Tim D. Serlet, Director of public Works/City Engineer Sgt. Domenoe, Temecola Police Depa~ttaent Many Lauber, Traffic Engineer ~ITE COOE: 00000000 OITT OF TEMEC~JLA PAGE: 1 STREET ~ FZLE: C~SHZCSC COUNTER f: 2 DATE:~ BEG~N 0-15 16-20 21-~ 26-30 31-3 6 56-60 70- 5:00 PN 3 0 0 0 0 0 1 2 0 0 O 0 0 0 41 5:~0 1 0 O 0 0 0 1 O 0 0 O 0 O 0 38 5:45 5 O 0 0 1 1 1 2 0 1 0 O 0 0 ~9 ® o o o I o o o o 2 O 0 O 0 0 1 O 0 O ~ 0 0 0 48 6:~0 O O 0 0 0 0 0 0 O 0 0 0 0 O 0 6:45 0 0 0 0 0 0 0 0 0 0 O 0 0 0 O 7:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 7:15 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 7:30 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 2 0 0 0 0 0 0 1 0 0 1 O 0 0 ~O ~:00 PM 2 O O 0 O O 2 0 0 0 O O 0 O 3B E:15 0 0 0 0 O 0 O 0 0 0 0 0 O 0 0 8:30 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 1 0 0 0 0 O 0 0 0 I O O 0 0 S3 MR TOTAL 3 O 0 0 0 0 2 0 0 1 0 0 0 0 43 9:08 PM 1 O 0 0 0 O 0 0 0 0 1 0 0 O SB 9:15 0 0 0 0 0 0 0 0 O O 0 O O 0 O 9:30 2 0 0 0 0 0 2 0 0 0 O O 0 0 38 9:45 2 0 0 0 0 2 0 0 0 0 0 0 0 0 3~ MR TOTAL S 0 0 0 0 2 2 0 0 0 1 O 0 0 40 lO:O0 PM I O 0 0 0 0 0 1 0 0 0 O 0 0 43 10:' I O 0 0 0 O 0 1 0 0 0 0 O 0 43 S;TE CDOE: 00000000 CZTT OF TEHEDJLA PAGE: 2 STREet : COSmic Drive FILE: CDSM;CS; LIMITS : 5001 north of Santa CeciLia Dr " COUNTER #: 2 DATE: 6/22/9~ 10:30 2 0 0 0 0 1 0 1 0 0 0 0 0 0 38 10:45 0 0 0 0 0 0 0 0 0 0 C 0 0 0 0 HR TOTAL 4 0 0 0 0 1 0 3 0 0 ~ 0 0 0 &O I O0 PH 0 0 0 0 0 0 0 0 0 0 0 0 0 00 11:15 0 0 0 0 0 0 0 0 0 0 0 0 0 00 11:30 O 0 0 0 0 0 0 0 0 0 0 0 0 00 11:45 O 0 0 0 0 0 0 0 0 0 0 0 0 O0 HR TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SPEED UNDULATION POLICY Prior to the construction of speed undulations, the subject street section shall meet the following criteria: 1. A "Speed Undulation Petition" signed by at least sixty-five percent (65%) of the affected property owners shall be filed with the City of Temecula Department of Public Works, Traffic Engineering Division. 2. The average daily traffic shall range between 1,200 - 2,500 vehicles in a twenty-four (24) hour period. 3. The speed limit shall be no greater than twenty-five (25) mph as determined by State law. 4. At least sixty percent (60%) of the surveyed vehicles are exceeding the twenty-five (25) mph speed limit. 5. The subject street: a. Shall not be over forty (40) feet wide, unless approved by City Engineer. b. Shall not be more than two (2) traffic lanes. c. Shall not have a grade greater than five percent (5%) in the section where undulations are to be constructed. d. Shall be at least one quarter (~) mile in length. e. Shall not have severe vertical or horizontal alignment features. f. Shall not be a truck route or transit route. g. Shall not be an important access route for emergency vehicles. h. Shall not be listed on the City Circulation Plan, unless approved by City Engineer. 6. The distance between undulations shall range between 200 - 250 feet, unless approved by the City Engineer. 7. Undulations shall not normally be constructed in isolated blocks along a continuous street or on a relatively shor~ (< 600') cul-de-sac. 8. Undulations shall be constructed per the City of Temecula Standard Drawing. 9. Location of undulations shall be discussed with the School District and Fire Department and report back to Commission. 10. Undulations are still experimental roadway features; therefore, additions, alterations or removal of any undulation may occur at any time. pwOE~traffic~ur~dulatn\spdund.poX Speed Undulation Policy Page 2 Changing the location of undulations on a street, or the removal of undulations, may be considered when all the findings listed below are made by the Commission: Relocation of Undulations Undulations are ineffective in reducing speeds and volumes of vehicles. Undulations were placed in a location conflicting with adopted guidelines. There is evidence that the original location is no longer in the best interest of the community. There is a petition signea by at least sixty-five percent (65%) of the affected property owners in favor of relocation, Removal of Undulations 1. Undulations are ineffec~._ reducing speeds and volumes of vehicles. 2. Undulations were placed in a location conflicting with adopted guidelines, 3, There is evidence that the original location is no ionget in the best interest of the community. 4. There is a petition signed by at least sixty°five percent (65%) of the affected proper~y owners in favor of removal. 5. Undulations have been installed for at least two ~2) years. Removal of undulations which have been installed for less than two years will only be considered if the City is compensated by those requesting removal for the full cost of the original installation, including design, construction and inspection, The original installation and maintenance of the undulatior will be financed as all other signs, striping and pavement features, pwOa~traffic~unduletn~sl~dund,por PUBLIC/TRAFFIC COMMISSION MEETING AUGUST 24, 1995 installation of "Stop" controls but to approve a "Yield" sign with direction to staff to research the City Policy on "Stop" sign criteria for future use. The motion carried as follows: AYES: COMMISSIONERS: 4 Guerriero, Coe, Sander, Johnson NOES: COMMISSIONERS: 0 None ABSENT: COMMISSIONERS: 1 Perry 4. Starliaht RidGe Traffic Study Engineer Lauber reported on the study requested by the Commission regarding "Stop" controls at Asteroid Way, Cosmic Drive, Agena Street, Santa Cecilia Drive and Southern Cross Road. Caltrans is in agreement based on implemented criteria of sight restrictions. He stated that motorists had been more observant and cautious of their speed since the Radar Trailer Display Unit has been in place. Commissioner Coe asked what time of day high speeds were most likely. Engineer Lauber responded that high volumes of traffic occur between 4:00 p.m. - 6:00 p.m. and early morning. Also a small number of vehicles are cutting through the neighborhood. Commissioner Guerriero agreed that some problems do exist but according to the study it appears standard. He said it is not feasible to have enforcement in this area as requested. Engineer Lauber responded that enforcement would be on a selective basis. Chairman Johnson opened for Public Comment at 7:10 PM. Ken Bruckman, 42244 Cosmic Drive, spoke in favor of "Stop" signs being installed at all four intersections. He stated there has been an increase in accidents in the first 3 months of 1995. Wayne Hall, 42131 Agena Street, commended the Police Department for the fine job in the area. He spoke in favor of "Stop" controls. Don Maston, 42176 Cosmic Drive, expressed concern that motorists increase speeds up the grade starting at 35 MPH, and by the time they reach his home it's 40-50 MPH. He spoke in favor of "Stop" controls, speed bumps or closure of the street. Commissioner Guerriero stated that since warrants have been met at Santa Cecilia Drive and Agena Street and Cosmic Drive, a 3 way "Stop" is recommended and staff will look into special school warrants to deal with the Vail Elementary access problem. Engineer Lauber stated that "Stop" controls are not used for speed control. Children may think a car will stop if a "Stop" sign exists but this is not always the case and someone can get hurt. Minutel,Ptl\082495 3 AGENDA REPORT TO: FROM: DATE: SUBJECT: Public/Traffic Safety Commission Many Lauber, Traffic Engineer September 28, 1995 Item 3 Starlight Ridge - Speed Reduction Efforts RECOMMENDATION: Receive and file the project update. BACKGROUND: The subject of residential speed control has for years been a popular wpic at many Public/Traffic Safety Commission meetings. In the past staff has relied upon the substantiation of trouble locations by first receiving community input and then collecting actual vehicle speed counts. In most areas the speed profile revealed a moderate speed proffie (slighfiy more than 15% of vehicles traveling over 25 MPH), which required minimal attention. In the Starlight Ridge neighborhood our data revealed a different picture. Due to the elevated speed profile which grossly exceeded the speed limit, staff recommended, with Commition support, an accelerated police enforcement effort based on actual speed plot information for every 15 minute period of the day. This coupled with the implementation of the Radar Trailer Display Unit, has not satisfied the residents and/or the Commission. The very last direction from this Cowmission included the re- checking of "Stop" sign warrants at locations that have already bean found to be providing appropriate assignment of right-of-way. Further action was requested. This report contains three articles which describe procedures for elevated neighborhood speed controlling measures called traffic calming. These articles should provide enough information to open discussion on the possibility of using traffic calming techniques again in Temecula. Staff has plans to present the Commissions approved "Street Closure/Modification" policy w City Council as the guidelines for processing those types of citizen request. The proposed policy has all of the requirements needed to handle these issues now that the City has an adopted appeal process. Once the City Council provides staff with support of the new policy, we can begin the full scale community involvement needed w ensure success of any cooperative effort to reduce vehicular speeding. HSCAL IMPACT: None Attachment: 1. I.T.E. Journal Article - Suburban Residential Traffic Calming (Sept. 1995) 2. I.T.E. Traffic Engineer Handbook - Transportation Functions of Streets 3. A.A.A. Neighborhood Traffic Management Programs 4. Policy for Closure or Modification of Traffic Flow on Public SWeets r:~treme~omm~em~a~a~gSXO928/~p Suburban Residential Traffic Calming BY C. EDWARD WALTER a~c calfrang or slowing is fxequentiy Telerred to as reverse tr~r:sc engineer- ing, hutcad of casing and speeding ~raffic flow, traffic calming uses geometric changes or desiga~s that passively regulate travel speed. Europeans take traffic calming very seriously: In residential areas they try for 20 miles per hour (mph) speeds to reduce injury severity. In commercial areas, where there are shared traffic zones between vehicles and pedesmans. they stove to achieve speeds ' 10 mph to 15 mph. Traffic calming asures are generally retrofitted onto ~x]stlng streeL~. However, having once recognmed the need for traffic calming, these ideas have led to new hierarchies of residential street classifications and design principles in'I England and Australia.~ In the Washington, D.C.-Baltimore, Md.. suburban are&s, postwar residential development frequently was modeled along the Columbia, Md.. residential plan of long curving residential streets with numerous cut-de-sacs. These nonlinear street plans have led to longer trip lengths. At the same time these new resi- dential patterns were developing. local governments developed minimum design standards settang width, curvature and frequently vertical ~ades based on street C. Edward Walter is Chief of the Traffic Engi- neering Division for Howard Count),, Maryland _ He is a graduate of 'nell UniversiO, and has a master'$ ee from MIT~ He is a Member of lTE. classification. In Howard County, Maryland, which lies between Baltimore and Washington, a 35 mph design speed was used for residential streets with a 30 f~ to 36 ft roadway width. Frequently 2,400-ft to 3,000-f~ long cal-de-sae streets were approved: it is lithe wonder that despite 25 mph speed limits, 85th per- centfie speeds of 38 mph to ~0 mph are routine hi such refzdential areas. Residential speeding is a major com- muhity concern. Speeding has become a way of life for many;, although residents may pass t~eir own property. within the speed limit. they have no hesitation in zipping past their neighbors' property as fast as possible. Police with limited resources undertake periodic enforce- ment on request, but such enforcemere efforts are spotty at best These situaUons have given me to the development and success of traffic calming measures in existing residential neighborhoods. Traffic engineers in the metropolitan counties surrounding Baltimore and Washington have formed the Maryland Traffic Engineers Council to solve joint problems. Several of the jurisdietiom have been working with community groups on traffic calming measures. In 1992, the council formed a traffic calming sub- committee to share information on ways to reduce speed hi suburban residential communities. This arucle presenu the results of that efforL Vertical Alignment Modification Vertical changes to roadway geome- try offer guaranteed speed reduction.: Speed humps, developed hi England and sometimes referred to as "insomniac policemen," control speed by adjusting the height and spaang of the hump. They inuroduce a ver~cal acceleration factor to the vehicle. The Watt's Profile Speed Hump, as developed hi Enghmd, is a lion of a 12 it-long cylinder rising 3 inches (in) in height (see Figure 1). In 1990. Howard County placed seven of these humps on Baltimore Avenue near Laurel, Md. The gSth percentite speed Fignre 1. Speed hump. 44 · fTE JOURNAL, SEPTEMBER 1995 Figure 2. Traffic circle. before placement was 38 mph and the speed limit 25 mph. Immediately alterward (and continuing to the present day), 851h percentlie speeds.were 27 mph to 29 mph between: '-'ns and 15 mph at each hump. The series of humps replacec ,: multi- way stops and had the c,"~:urrence of 75 percent of residents. There have been no ace._ .~ in the four years since the humps were placed vs. four ac:-aents in the two years immediately before hump construcuon. A year later Howard County placed four humps on D%~vaod Drive, a narrow residential street between two aneri- aI roadways. The 851h percentlie speed before construction of the humps was 40 mph: after construction. it dropped to 28 mph. There also has been a 24 percent reduction in traffic volumes on Dogwood Drive as vehicles diverted to other routes. The Watt 's Profile Speed Hump frequently has be. ,mired in its application to roadways with 3.000 vehicles per ~, or fewer. although Dallas permits its use on streets ban: Figure 3. Roundabout. to 8.000 vpd.; A flat top speed hump 722-ft long with a center I0-fl flat section was p~oneered in the Urnted States by Serumdie Count', Florida.' where. ,,7 - ~ been t.k~d on collector roads with more than 12.000 vpd. il :_, ,and, flat top humps are used on coi- leetot roads and also frequently sen/e as pedestrian crnssings. Two fiat top humps were installed in 1993 on Shaker Drive in Howard County, where the 851h percentile speed was reduced from 43 mph to 29 mph. Remarkably. the speed between humps and at humps are essentially the same. (Seminole County found similar operating experience.) This characteristic has led to its adoption in Howard Coun.ty as the preferred hump design. The City. of College Park. Md., recendy completed construction of four raised perlesmart crossings as pan of a road rehab~litanon. The cro: on is sinffiar to a flat top speed hump w~th a 3-in rise. The ~ed visual impact to the crossings by constructing the fiat toF , w~th concrete and bhck. The insutt, 'ransponation Eniuneers has pubhshed a pro- posed recomme: ~ractice on speed humps. It was prepared "~ the Tedmical Co_ .~ Speed Humps Task Force. whic~ is curten: ly evaluating cornxnents before a final decision on adoption2 Horizonted Alignment Changes Tie Circles and Roundabouts The C lff Seattle, Wash.. pioneered the U.S, concept of installing sz~.. traffic circles in existing intersections to slow traffic through residential areas. From a small begnmng in 1978. Seattle has now constructed more than 800 traffic circles on residential su'eets.~ Their pinnetting experience has been adopted elsewhere, including suburban Maryland counties. Traffic circles have been histailed in Maryland as both temporary and permanem mstahe- tions. Some of the temporary installations have been r: ~esigned as permanent ones and some have been removed at the request of residents. Anne Arundel and Montgomery counties have each installed se~ era] circles (see Figure 2). The suc_.ess of traffic circles in reducing residential travel speeds is related to the mount of horizontal deflection required as a vehi- cle moves around the cirrde.' Both AT..~e Ar~mdel and Montgomery counties have designed considerab: deflection in their circles, effectively prni'tibiting intersection traffic from traveling more than 18 mph to 20 mph. Operationally, side roads stop for traffic on the main route. Most left-turning cars will make a 270-degree turn around the circle. Some of the circles have been c, : nstructed with a mountable curb and 4 fl concrete ring to accommodate trucks. However, large trucks cannot opente within the naming radius of the circles and therefore make left turns in front of the circle. This could be considered a daneerous practice except volumes are low and the circles are designe;. ,qth good visibility. Because of the problem of trucks turning in front of the circles. Prince Georges County has constructed several rnundabouts. goundabouts are simitar to traffic circles but have splittot islands that effectively prevent trucks from turning in front of the circle.~ Generally the islands are formed with concrete or asphalt curb. but occasionally they are painted (see Figure 3L Operationally. traffic entering a roundabout yields to traffic in the circle. and there is no major road/minor road consideration as at normal intersections. Roundabouts large enough to accommodate trucks must have a total inscribed diameter of approximately I00 feet (ft). This is frequently difficult to achieve in residential intersec- tions without acquiring additional right-of-way. Both roundabouts and traffic cimles are very effective as inter- section traffic calming de~4ces. They have been used with consid- erable success in Montgo-:'-, County for isolated intersection calming. where 85th pore: : speeds have been reduced from 46 · [TE JOURNAL- SEPTEMBE~ 1995 more than 40 mph to 20-~'~ mph, Along a residential route they must be repeated at regular intervals to maintain "calm" traffic speeds throughout. Circles have also been constructed between enters~ctions to calm traffic Roadway Restrictions Roadway restrictions can also be effective traffic calming devices. Many residential streets are considerably wider than required. On such streets, cats parked opposite each other in mid- btock act as a temporary roadway restriction. This phenomenon can be created by constructing pedestrian peninsulas at intersec- tions or chokers at mid-block (see Figure 4). The pavement width between chokers can be built for one traffic lane or two. Likewise the restriction can be either parallel to the travel way or twisted to the direction of travel (see Figure 5. next page). Downtown Market Street in York. Pa.. is an excellent example of a one-way street oarrowed to two lanes with a twist introduced at each end of a long block in order to reduce travel speeds. Medians also can be used for road narrownigs. Medians 20 fl: to 50 ft or more in length have been constructed in Anne Arundel County in advance of intersections. Roadway widths each side of the medians are 11 fL However. unies~ cars regularly park aJong the street, meci~an construction by itsel~ does ljtde to reduce traffic speed. To compensate for this. Anne Anandel County is construct- ing small bulb-outs (peninsula projections into the roadway) to force drivers to make a lateral deflection as they approach and enter median-calmed area. Studies indicate that islands have reduced 8~th percentfie speeds by 2 mph to 5 mph. Islands without lateral deflection have the least speed reduction. Figaro 4, Parallel choker. A va~adon on roadway restrictions has been constructed at two Prince Georges County intersections, where offset small medians force vehicles to go through a lateral deflection in one direction of travel only. In the next block a similar median brces simjlar deflection for tile other direction of traffic Both Anne Arundet and Howard counties have painted Where are your high accident locations? Intersection Magic® Sc~Wme .-. ,~ can tell you mat, plus: · :~!' ~;/;,, ~ Cuslomized collision diagrams ~,.,' ~""'-~ ' . . V' CharIs on l~me of Day, DUI, Type of .:.. :/-' ,,u... / , ~-' ', ) .: '7~'-~ Frequency reports, acddent I.~ :" ."-./, '- ">~' V' lists, custorn reporls, etc. GLS compatible output i ,, For infon'nalton, contact Pd' ProlramnlinL Inc., or ask your current consulling engineer obo~f Intersection Malic®. Questions may olso be directed to Hitlog & Cmbal Inc. ~ese Los Angeles ~re~ consulting lrnffic engineers hove tooreed up wilfi Pd' ProiramminL Inc. wor~ng logerror, we can help you wh~ ,,11 your Im~c engineering needs. 17141731-94~5 Pd" Programmifl~ Iflc ® ~l:3aJ 666-7896 · 1235 Apollo Drive · L~ayelte, CO 80026 ® fox 666-7347 · info@pdprog.com JOURNAL- SEPTEMBER Iq95 · 47 Figure 5. Twisted choker. ICE WARNING SYSTEM A tool for the road maintenance services The 4 EDS components: Active pavement sensor Roadside weather station Data acquisition software Pagers · Precise determination of the freezing temperature · Reliable determination of the road surface condition using a single transducer · Continuous prediction of the time of ice formation · Direct road surface information and alarm transmission through wireless pagers vibro-rneter USA VIBRO-METER Corp. 489 Devon Park Drive # 310 Wayne, PA 19087 Phone: (610) 688 3700 Fax: (610) 688 3714 parking lane lines without centerline striping on residentma] streets. This visually narrows the available roadway and has resulted in reductions of 3 mph to 4 mph In vehicle travel This narrowing can be reinforced w~th several pedesman peninsulas and speed humps. Such combinations of traffic calming men- sures are used extensweiy in Europe to nob,eve deslreo speed reductions. Traffic Calming Criteria Tentative criteria have been developed governing the Instal- lation of traffic calming devices. Roadways considered tot traf- ~c caiming must be primarily residential streets with a majonI> of residential homes and driveways fronting on the street Existing 85th percentlie speeds must be 10 mph or more above the speed limit and there must be 1.000 ~ or more using the residential street. Each of the metropolitan jurisdictions stud> traffic calming measures after neighborhood complaints. then work with the community to quantiS. and define the prob- lem. and specific recommendations are made to the community. Man. land has found resident acceptance is paramount. and is best facilitated by wor~.mg with a traffic committee from the commumW. which can men s~tl the project to the community at large. Howard County requires 60 percent of residents to approve recommendations by petition before construction. Conclusions Traffic calming can be an effective means of redudn~ soeeds in established residential neighborhoods. Speeding .~', orally occurs along the entire lenL~h of a street. may extend over soy- oral streets. and requires the regular repedUon of ~raffic calming measures. The spec~'lc measures to be used for t~a~c caixr~ng are determined by roadway characteristics. cost restraints and resident acceptance. Speed reductions ranging from 3 mph to 24 mph have been obtained depending on the specific traffic calming devices utilia~d. Regular repetition of calming devices at 400 ft to 600 tt intervals is required to maintain slower speeds along the length of a street. References 1, Green Street Joint venture, Australian Model Code for Residential Development. Canben'a. Australia: Depa~ment of Industry.. Technology and Commerce. Nov. 1990. 2. Devon County Council. Tra)efic Calming Guidelines. Great Britain: Devon County Council. 1991. pp. 2~--31. 3. City of Dallas. Department of Transportation. Road Htimp Design. DalLas. Texas: City of Dallas. Department of Transportation. p. 2. 4. Nicoacmus. David A. -Safe and Effective Roadway Humps. The Seminole County Profile." ITE Compendittm of Tech,ical Papers, Washington. D.C.: Institute of Transportation Engineers. 1991. pp. 102-105. 5. Institute of Transportation Engineers. Guidc]itte.~ .for the Design and Application o,f Speed Humps. A Proposed Recommended Practice. Washington. D.C.: Institute of Transportation En.~ineers. March 1993. 6, Todd. Kenneth. "A Histo~' of Roundabouts in the United States and France," Transpt~rtatio#t Q~larter4' 2(4). Oct. 198~. p 611. 7. Auslroads. G,ide it, Tra[~c Engt,eert#t~ Practice, Rotttl,Tahottt3, Sydne>. Austraiia: Austroads. 1993. pp. 19-27. 8. Austroads, Gttide to TraftTc En.etnecrtng Practice. Rotl#tdabotlt~, Sydney. Australia: Austroads. 1993. pp, I 48 · ITE JOURNAL' SEPTEMBER 1995 4. Conflict between the pubiic agencies that manage and maintain streets and protect neighborhoods (such as pub- hc works, police. and fire services) and the neighbors. 5. Conflicts among the professionals who plan. design. and manage streets. chiefly between engineers and designers. Transportation functions of streets Streets perform two transportanon functions: provision of access to individual parcels of land and provismon of an infrastructure for raovement between various origins and destinauons. "ACCess" can be interpreted to include the existence of driveways connccung the street with private property and the availability of parts of the street for parking and loading. "Movement" comprises both the capacity to move quanti- ties of vehicles or people znd the ability to do so at a reason- ably h~gh speed. Although residents frequently perceive access as a func- tion that primarily serves those within the neighborhood and movement as one that primarily serves those outside the neighborhood. in actuality both functions are necessary to both classes of users. since travel (movement) invariably in- volves departure and urnpal (access) from an origin and to a destination. Design standards. Agencies in many nations and states have developed design standards for streets. Such standards generally emphasize safe and efficient vehicle operation but may be silent on the relationship of street use to abutting land developments and its users; it generally is assumed that other regulations Isuch as zoning and building codes) will address these concerns. Thus. although they may make provision for m~nimizing vehicle conflicts and vehicle-pedestrian con- flicts (e.g., offset intersections, continuous sidewalks, etc.), the standards in current use in many jurisdictions do not ef- fectively address the potential for conflicts between needs for residential access and amenSties and the needs for traffic movement into and beyond a given neighborhood. Many neighborhoods also predate current standards. and their Streets may have other design problems. such as inade- quate driveway spacing, limited setback and space for off- street parking, a 'grid" pattern of streets that facilitates the incursion of through traffic and that may result in vehicular conflicts and speeds that are unsuitable for the neighborhood. Another concern is that design standards usually are ap- plied at the level of a subdivision or local jurisdiction. at least in the United States. There are many cases in which adjacent jur:sdzcuons fail to coordinate their networks. and streets change des~gnauon and character as they cross jurisdictional boundaries. Residential traffic controls. Local residential streets should be protected from through traffic. Residential streets Should he linked to traffic-carrying streets m a wa} that simuhaneously provides good access to omer parts of the community and minimizes the chance of the resldenual streets' use by through traffic, These goals should he a part of the planning for new residential areas. In some commum- ues. these objectives have been achieved m older neighbor- hoods lin Montgomery County. Maryland; Berkeley and K~chmond in California: Seattle, W'ashzngton: and other locations) through the installation of traffic diveHers and barriers. Residential streets should also be protected from vehtc- ular traffic moving at excessive speed (greater than 25 to 30 mph) and from parking unrelated to residential activi- ties. Figure 11-8 illustrates several types of treatments that are designed to reduce speed and discourage through traf- fic at minor intersections in residential areas. A variety of treatments has been devised to accomplish the above obJecuves--ranging from speed 'humps" and "chok- ers" for speed control to the Dutch "Wooherr' concept. which Figure 11-8. Treatment of minor intersections in residen- tial areas to reduce speed and discourage through traffic. SOURCE: WS. HOMBURGER AND J.H. K~LL. Funaarnenla/s &Traffic Engineering, 12th edition. Umvers~ty of C. alifor- nia. Institute of Transportnon Studies. Berkeley, 1988. fectlveiy without the risk of interfering with the drlver's seenon 3 to 4 ~n m height and approxirnateW I2 ft in length. These should be distinguished from speed bumps, which are much shorter (6 to 12 in long) and which have been assocl- The street is not zoned above 25 mph, The 85th percentfie speed exceeds 30 mph. Undulations should be located ao less than 200 ft from an Intersection or sharp horizontal curve, and each undula- non should be visible for at least 200 ft. Standard warning s~gns (e.g., Sign W8 in the MUTCD} should be used. The use of pavement stripes has also been suggested,n but these might give the appearance of crosswalks, which could mis- lead motorists. "Chokers" may consist of landscaped bulbs between the sidewalk and the street, widened sidewalk areas, or points where street entrances are necked down. Raised or brick crosswalks may also be used in combination with pavement undulations. In addition to numerous applications of these devices in European and Atbtralian clues, speed humps have been used extensively in Pasadena, California, The Whoaerr requires motorized traffic and bicycle traf- fic to adapt to pedestrian behavior, and it has become very popular in European countries. Extensive installations and utility relocation are required, and initial costs and mainte- nance costs may be high. Modified forms of this type of control have been implemented in Boulder, Colorado: San Francisco, and other United States ciIies. Neighborhood parking permit programs, to limit long- term parking to those living in the area, have also been imple- mented in a number of North-American cities and upheld by cou~ decisions. These usually involve standard time-limit parking for the general public (l , 2, or a hours) with exemp- tion for vehicles displaying a permit availabie only to resi- dents. The parking restrictions may also exclude vehlcies with no permit at certain hours of the day, Other traffic controls frequently requested by residents Include stop singas, speed limits, turn prohibiuons, and one- way street designations. In general. the application of these devices may be expected to have the same effects in neighborhood locations. limi5 of 25 or 30 mph, though It is not uncommon ~r percentlie speed of traffic to be considerably higher. partsen- of speed [lmit signs on speed have been largely confined to sisIently drive at speeds which they perceive as reasonable, comfortable. convenient, and safe under existing condmons, regardless of posted speed [imxts. Consistent enforcement speed limits. Ahernatives to speed zoning include pavement undulauons (described above), traffic c~rcles (discussed low), and podSum intersections, where the entire intersecuon is raised a few inches above the normal grade {evel with ramps Turn prohibiUons and one-way s~reets can have a very sig- nificant effect on traffic volumes, if their use is accepted by the affec~.ed driven. Enforcement is essential particularly low-cost alternatives. and they provide minimum impedance to emergency vehicles, which can travel the 'wrong way' when necessary,, Speeds tend to be higher on one-way In residential neighborhoods, this can be counteracted by limiting the number of blocks with one-way continuity. One- but in residential neighborhoods, where irregular patterns of tersections. Traffic circles tend to have higher violation rates and may represent a risk for increased accidents because of tern, especially in making 1eft ;urns. Other regularory devices, such as traffic signals, yield signs. truck restriction signs. and access regulation signs Not Enter," 'Not a Thru Street," "Dead End," 'Local Access Only." and "Thru ~%hides Prohibited'), have also been used . in residential seuings. The ~atter stgns are used primarily in conjunction with one-way streets (i.e,. 'Do Not Enter') or as informational signs, although the use of~Local Access Only' signs in the regulatory black-on-white format could conceiv- ably be efi%ctive in reducing traffic volume on residential Warning signs in resldentml neighborhoods have limited uses, and drivers and pedestrians asuaily need to be warned only of special hazards, The attenuon of;he driver is drawn to the location of schools (especially elementary schoolsl and playgrounds, to pavement unduIations, to the fact that traffic barriers or diver~ers are located ahead. and to stop and yield signs ahead if they may not be readfly visible because of curves or shrubberT.'. 'Slow' signs. "Children at Pial.' signs. and novelty signs are vague and unenforceable. Tht result maT.'. therefore, have little more than a placebo effect on reel- ceres. The novelty oFa ne'~I sign we~rs of f quick)} and then no )on~er attracts the ~ttenUon of reEui~r p~ssers-b}. Nonetan- data stuns usually have no JeSal me~mn~ or established prece- dent: the:r use is discounMed because of both the iack of proven effecUveness and undesinble liability exposure. Fur- ther. dr~ver respect For signs and other traF~c comrols may be eratied throuMh the use oFnonstandard and unheeded devices, Geometric design features. Geometric design features may be used to restrict access and/or reduce speeds in resi- deanal setnags. These include median barriers and cul-de- sacs at intersections with major streets. and scmhdivcrters, dzagonal divertere. and raidblock cul-de-sacs on iocal resi- dential streets. Some of these design features are also illus- trated in Figure 11-8. These are features that physically restrlcI and prevent vehicle movement as well as reduce speed. Their common characteristic is that by their physical Form they force or prohibit a specific action. Geometric fea- tures have the advantage of being largely self-enforcing and of creating a visual lmpi'ession that a street is not intended for through traffic. The disadvantages relative to other devices are their cost. the potentially negative impact on emergency and service vehicles. and the imposition of inconvenient ac- cess on some parts of a neighborhood. They are also static and must be appropriate at all hours of the day and night. Rumble strips, formed with patterned sections of rough pavement or raised pavement markers, have on effect on traffic volumes and little on speed though they do appear to cause an increase in driver attention. Studies conducted on ma3or streets show that the strips have had a noticeable ef- Fect in reducing accidents when placed in advance of a stop sign. Effects in lower-speed residential areas have not been determined. Introducing curva.~ures on a previously straight alignment has been discussed as a physical speed control device, but this has produced considerable public controversy and warnings of possible associated safety proNems. Use of various designs in Australia is reported to have a very subtle effect on driver behavior. Valley gutters and rough pavements are two existing devices that tend Io control traffic as an unintended by- product oftheir presence. tn neither case can it be suggested that streets should be designed to include valley gutters and rough pavement in order to reduce speed: however. the effect may be an argument for delaying repaving of purely residential streets--an argument that should be carefulb' weighed against any noted indications of a hazardous or deteriorating structural condition. Play streets and private s~reets areas of the United States. Traffic Flop, may be restricted on or gates. Such streets can be temporarily closed during cer- vided for by alternate means such as alleys. In Vancou,er Br:tish Columbia. a number of blocks have been closed to vehicular traffic and converted to exclusive use by pedestrl- emergeneT.' vemcle entry into these blocks is provided by use implement)rig nesgnborhood traffic controls The wa} ~n which neighborhood traffic conlrois are Im- plemented can be as important to their eventual success or failure as the substance of the strategies themselves. imple- mentation should be considered not as a step but as a process reqmring careful planning and documentation. public nouce, evaluation. and possibly refinement of the strategies. Such a process calls for the same attention to detail and for the same thorough consideration as the initial planning effort. The implementauon of neighborhood traffic control schemes may raise issues about the responsible jurisdicuon's legal authority to take such actions. For example, the mea- sures or devices used to effectuate traffic control may be sub- ject to state requirements as to design and/or application. Legal questions may also be raised about restrictions of ac- cess cansod by the plan, its cnvironmensal impact, or con- cerns for tort liability. It is beyond the scope of this chapter to report or advise on the legal r~quiremcnts of various United States states or foreign jurisdictions. However. legal cmmsel is usually advisable in developing and implementing neigh- borhood traffic control strategies. Even when there is no question of authority, compliance with standards. or other legal requirements, neighborhood traffic control actions are sometimes challenged by opponents on grounds of denial of access or discrimination against non- residents. In general. challenges to otherwise authorized traf- fic control schemes on the grounds that they cause incidental inconvenience to some parties are likely to fail; a community may divert traffic and partially restrict access, but still suc- cessfully withstand a legal challenge. Tests of sufficient police power and reasonable exercise of such power must still be met, of course. Evaluating the impact of neighborhood traffic controls Evaluation of technical performance and community percep- tions is needed to provide a reasonable basis for decisions to keep or abandon a plan. A formal evaluation can clarify is- sues. bring the more stabilized long-term performance char- acteristics into focus. and spotlight hidden gains and losses that may be significant. Evaluation can point to opportuni- ues for modifying a traffic control pian to make it perform its intended function better or to lessen adverse impacts. h can also be used to determine whether the plan should be ex- panded both in terms of devices and geographical area. Finally. evaluation can advance the state of knowledge about neighborhood traffic control and identify problems that might be avoided in future applicauons. with this question: Do the controls Cullill their intended pur- poses7 Some effects are easily evaluated through a 'before- after" traffic study. Other rotended purposes involving public put. Evaluanon should go beyond the quesuon of effective- ness in fulfillrag the pian's primary intennons. however. In 3anzcular, any negative impacts of the plan as lmpiemented should be identified. Technical staff can then follow up on such matters (e.g., increased emergency response time) so as to develop modifications to c..'"z egative effects. [Boolye- occurrence. Observation during the period immediately fol- iowing implementation is crmcal in order to identify prob- ~-:-as that could easily be eliminated by minor adjustments. Additional police surveillance 3!~ ~elps discourage erratic or illegal driving behavior and ,I :. - _.~.sm. .Maintenance and enforcement issues. Maintenance and enforcement are important to the continued effecuveness of the traffic control scheme and to continued public accept- ance. While the physical maintenance of the plan probabl? will require the greater amount of attenuon, in a broader sense, maintenance also requires a~,~"z. ti6n to the need for con- tinued driver respect and public su~ z- ;ft. It may be necessary. to remind police officials of the nee. for enforcement, or to ask them to do "focused enforcement~ in areas that appear to have a high ,notation rate. P--,~'~CES FOR FURTHER KEADING 93, Washington, DC, May 1967. and Traffic How.' Public Roads. 50, (December 1986), 82-90. Tratf$c ~egula~lcns 359 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAMS With increasing frequency, cities and counties are turning to neigh- borhood traffic management as a means of responding to citizen concerns about traffic problems in residential areas. Often, these concerns are prompted by the presence of non-local traffic in residential areas, a condition that almost always signals the presence of difficulties on the a~erial or collector roadway network. These problems should be addressed, wherever possible, prior to the implementation of more restrictive controls. Neighborhood traffic management programs can be very controversial. As a result, they require careful planning, comprehensive study and thorough debate before implementation is attempted. The planning process should include these basic steps and involve public participation throughout: · Problem Identification - An exploration of the specific nature of the problem or problems, and the issues and individuals involved. · Alternative Plans Generation - Definition of the full range of plausible responses to the identified problems. · PIEn Selection - Predicting the likely effects of each alternative and choos- ing an option which has the most acceptable balance of positive and negative impacts. · Implementation - Preparing the public for what is to take place, then actually constructing or putting into effect the planned traffic control changes. · Evaluation -Observing and measuring how the traffic man- agement system actually operates and identifying features requiring change or fine tuning. · Modification - Adjustments to correct functional difficulties or to improve upon the initial planning concept or a larger-scale re- consideration of alternatives--a recycling of the planning process--- where the initial scheme has proven unacceptable or ineffective. Traffic diversion is perhaps the most divisive of all neighborhood traffic management stategies. As such, it requires the greatest thought and considera- tion. As an aid to the decision-making process, the advantages and disad- vantages of traffic diversion are listed in Appendix C. APPENDIX C ADVANTAGES AND DISADVANTAGES OF NEIGHBORHOOD TRAFFIC DIVERSION PROGRAMS Advantages: 1. improvements to a small ~ea could be an incentive for families with children to move back into tn-~ area. 2. Diversion car, heip keep the occasional high-speed vehicle from using primarily residential, local streets as thoroughfares. 3. Selective street closures and the use of cul-de-sacs can provide additional green space, play areas, pedestrian malls, or parking areas for residents or businesses. 4. Closing streets or diverting vehicle traffic may foster a stronger sense of neighborhood or community identity. 5. Diversion m~: foster increased neig~ .~rhood activity and, coupled with the lack of easy vehicle access and escape, help to reduce crime. 6. Within an ~ffected area, traffic diversion may reduce noise, air pollution and ,vibration, and may make the streets safer for children and other pedestrians, 7. Controlling traffic can act as a catalyst that spurs neighborhood revital ization. 8. Improvements in the public streetscape could provide an impetus for the rehab~ ,. an of private property. 9. Selective street closures, cul-de-sacs and directional controls at local and arterial street intersections can reduce access conflicts thereby improving traffic flow and safety on arterial streets. Disadvantages: 1. Residents on streets in the vicinity of vehicle diverters may experience higher levels of traffic volume and associated environmental and safety impacts. 2. Diversion may give children or other residents a false sense of protec- tion from motor vehicles. 10. 11. 3. Some cities have found that cui-de-sacs may heighten racial segregation; closed-off, tightly knit streets may discourage minority families from moving in. 4. Traffic diverted from residential streets may exceed the capacity of adjacent arterial and collector streets and require their upgrading or improvement. 5, Diverter installation (barriers, signs, islands and pavement markings) would require additional maintenance. 6. Additional right-of-way acquisition may be necessary for both the target and alternative streets; for instance, diagonal diverters and cul-de-sac construction could be restrained by insufficient existing rights-of-way. 7. Diversion may result in access problems and may incon- venience residents and visitors on the affected streets and in the vicinity of the diverters. 8. Access for police, fire and other emergency vehicles may be hampered and response times may increase unless adequate provisions are made to ensure passage for such vehicles. 9. The implementation of traffic restrictions without providing reasonable options for traffic circulation may generate negative reactions from both internal and external sources. Traffic may not be eliminated but only redistributed. Not all residential streets can have heavy traffic removed by traffic diversion. Where traffic impacts on residential' streets cannot be reduced through street or transit improve- ments, those impacts should be offset by public trade-offs such as street landscaping and noise buffers. PUBLICfrRAI~'FIC COMMISSION MEETING SEPTEMBER 28. 1995 Engineer Lauber responded that he will research this and provide a copy of the chapter on School Area Safety from the Traffic Engineers Manual to the Commission. The direction from the Commission is to file the Warrant Policy. 3. Starlioht Ridae Seeed Enforcement Traffic Engineer Lauber distributed the speed report and showed sli~,~s depicting sight distance at the intersection of Santa Cecilia Drive and A2',: Street. Staff recommended moving forward on the "Street Modification Policy". Staff would like to work with the community to create modifications. PUBLIC COMMENTS Wayne Hall, 42131 Agena Street, representing Starlight Ridge Home Owners' Association, reiterated his concern as the problem has not been resolved and the area is not safe until "Stop" signs are installed. William Utermomlen, 42231 Cosmic Drive, distributed photos of ve~'~le skid marks resulting from excessive speed in front of his home in Starlight Ridge, r ~mmended a "Stop" sign at every intersection. Ken Bruckman, 42244 Cosmic Drive, President of Starlight Ridge Home Owners' Association, spoke in favor of curb modifications including islands to define the neighborhoods. He offered his services to be part of a possible committee to help resolve this problem. Commissioner Guerriero expressed concern for this problem but felt the Commission could not approve a 4-way "Stop" on Santa Cecilia Drive and Agena Street. He mentioned that a grant had been received in conjunction with the school district to install a side walk on Santa Cecilia Drive from Cosmic Drive to Vail Elementary. Engineer Lauber asked the Starlight Ridge residents to work with the community to design the new sidewalk by getting together as Temecula citizens. He also stated that he will provide a copy of his report to the Starlight Ridge residents. Engineer Lauber stated that after researching all other possibilities, if staff finds that nothing else can be done the "Stop" sign will be installed. Commissioner Perry recommended that the Commission explore the area themselves and place installation of "Stop" signs as an action item on the next Agenda. He stated that "we need to take remedial action in this area". Engineer Lauber stated that the Public Works Department is taking the "Stop Sign Installation Policy" before the City Council on October 17, 1995 which requires Council approval. Minute~.Pu~\092895 4 AGENDA REPORT TO: FROM: DATE: SUBJECT: Public/Traffic Safety Commission Many Lauber, Traffic Engineer December 7, 1995 Item 4 Starlight Ridge Neighborhood Safety - Progress Report RECOMMENDATION: Discussion only BACKGROUND: On October 26, 1995 the Public/Traffic Safety Commission recommended that staff submit the proposed "Policy for Closure or Modification of Traffic Flow on Public Streets" to the City Council as soon as possible. The goal of both staff and the Commission is to put a policy in place that would regulate the closure and/or modifications of residential streets for traffic calming throughout the City of Temecula. The Director of Public Works was concerned about the previous approval received from the City Attorney's office over a year ago. Because of these concerns, staffre-submitted the proposed policy back to the City Attorney's office to guarantee all possible issues are resolved before City Council consideration. This item has since received a confirmation from the City Attorney and is tentatively set for the City Council meeting of December 12, 1995. To prepare this Commission for the onset of Neighborhood Traffic Calming requests, staff has gathered numerous references dealing with this issue. Although each author may not represent the views and beliefs of the DeparU~ent of Public Works, Traffic Engineering Division, staff feels that this information will assist everyone in understanding possible options and industry terminology. HSCAL IMPACT: None Attachment: 1. The Traffic Calming Toolbox 2. Proposed Policy for Closure or Modification of Traffic Flow on Public Streets ITEM 2 1 "The Tra~c Calming Toolbox" By TRANSTECH ENGINEERS. INC. THE TRAFFIC CALMING TOOLBOX INTRODUCTION As is the case in many cities of many sizes, the City of Alhambra is cominuously addressing the difficult problems presented by the intrusion of vehicles upon collector streets with front-facing residences. Although this situation is common throughout the industrialized wo~d, the special circumstances in Alhambra make the conflict particularly troublesome. Because the Interstate 710 Freeway has not yet been completed across the city, regional and sub-regional trips which would otherwise utilize the freeway must find their way through available public corridors. Coupled with the significant volumes which normally utilize the slxeet system, the additional loading exacerbates an issue which is sensitive under normal circumstances. The problems and pemeived problems of this regional trip loading onto local collector streets has recently resulted in a focused analysis in the neighboring communities of San Madno and South Pasadena. As a result of these investigations, there have been proposals put forward to employ various "traffic calming" measures along some roadway corridors, some of which would directly affect traffc operations within the City of Alhambra. This report attempts to provide the city with an overview of the available "traffic calming" tools in an open, factual method, so that community leaders may understand the available options, the proposals being offered, and the likely consequences. THE CONCERN The additional Volumes loaded from the missing freeway segment onto the remaining streets have created an uncomfortable.situation for the adjacent neighborhoods. In general terms, this condition will develop in an area where the demand for higher-capacity streets is not accommodated (where the available street hierarchy structure is incomplete, or where travel demand exceeds arterial capacity.). This discomfort becomes a legitimate concern for neighborhood safety when some vehicles, frustrated by the inefficiency of traveling on smaller streets. exceed a reasonable speed. The combination of higher vehicular volume and occasionally excessive speeds is seen as an intrusion into residential neighborhoods which reduces the quailS' of life, increases the potential for traffic accidents, and increases the severity of accidents. If the community judges the street traffic characteristics to have exceeded the "reasonable" threshold,. pressure to address the situation will be applied to the jurisdictional authority through petitions. calls, letters. or at public meetings. When the general discomfort of a neighborhood are focused by a particular incidem. the concerns of the community will manifest into an outcry for the local authorities to remedy the situation by whatever "The Tra~c Calmine Toolbox" By TRANSTECH ENGINEERS, INC means are available. The authorities are more and more turning to traffic calming techniques to address these concerns. HISTORY The problem of regional Iraffic intrusion onto neighborhood streets has recurred throughout modern history. There is nothing new about the concern. Fully aware of the concern. the new profession of land-use planners guided the development of our street systems by the theory of a street hierarchy. with fleeways at one end of the spectrum with an almost exclusive purpose of providing for travel demand, and with local streets and alleys at the "bottom" end of the hierarchy, with a primary. purpose of providing access to adjacent properties. The theory of street hierarchy recognizes the dual function of any public street to provide for safe, efficient (higher speed) travel; and to provide for access (naming movements, parking, etc.) to the adjacent properties. Between the two ends of the hierarchy are several other road classifications (IE: Expressway, Prime Arterial, Major Arterial, Collector, Residential Collector, and Industrial Street). The competing uses of mobility and access vary across the classification spectrum. Although this natural conflict between uses is present on all roads, it is in the classifications which approach parity on use priority (collectors, residential collectors) where the inherent conflict becomes difficult to manage. Such is the case in Alhambra and its surrounding communities. The number of vehicular trips continues to increase yearly, but the roadway system stays relatively static. Since 1970, the amount of roadways in the United States has increased by only 1%, while traffic volumes have increased by 9%. As the mobility corridors become congested. trips are bein: pushed onto the remaining streets. These trends have been established for decades. and wiil apparently continue. The problems developing as a consequence of these trends will present a continuing challenge to our society. Finding acceptable solutions to the problem of an overburdened street hierarchy has been one of the most illusive challenges facing the urban traffic engineer. The most obvious tact, placating the vociferous, has been most often employed as a reactionaxy measure. There are unwarranted STOP signs, redundant SPEED LIMIT signs, CHILDREN AT PlAY signs. and pavement markings installed to "just do something." In recent decades there have been many instances of speed humps, barricades, street narrowing, and intersection charmelization employed to address the same complaint. To date, there has not been a national, state, or even regional policy developed in the United States which encompasses the tools which could be employed to address this particular concern. There has recently been a considerable amount of work invested in this field, and it seems obvious that such a recommended practice should be developed in the foreseeable future. As a recommended practice is developed, it will seek to find the balance between the transportation system needs to move people and goods along congested streets with a legitimate need to protect 2 "The Tra~c Calmint, Toolbox" By TRANSTECH ENGINEERS. INC. roadways and neighborhoods from an overburdening traffic load. Defining the proper balance will require a case-by-case analysis for each street under consideration. Achieving and maintaining the proper balance will require the application of the right combination of potential measures. Developing a recommended practice will be a question of balance. and will require a sensitivity to liability exposure. TRAFFIC CALMING To our knowledge,' the term "Traffic Calming" was first utilized in addressing this type of complaint during a transportation conference in the city of Darwin, Ausu'alia in 1990. The new term applies to any and all measures iraended to divert, discourage, or slow vehicular trips in a sub-area (Level I. Local Area Traffic Management); on a particular route (Level II, Sections of Arterial Roads). or even on a metropolitan scale (Level III, City-Wide Calming). The Australian traffic engineering community has most-fully developed the practice, and much can be learned fi'om their efforts. Within the United States, the City of Por~and, Oregon, has been the only municipality which has so far adopted the theory of "Traffic Calming" as a practice, applying selective calming measures daily through the Traffic Calming division of the city's Traffic Engineering Department. The City of Seattle, Washington, has been deploying uaffic control measures within residential commumties for almost two decades. but has not developed a coordinated program. Seattle has been installing small traffic diverters in residential intersections to deflect and slow traffic since 1978. Other communities across the nation have developed programs of their own, others are starting to experiment with traffic calming. There is an undeniable trend to apply calming measures across the nation, following the examples of Europe and Australia. In spite of the intensifyLug interest, there presently is no balanced recornrnended practice offered in the literature surrounding "Traffic Calming" beyond the point developed by the City of Portland. For the most part. traffic calming techniques are merely a collection of potential measures which will divert or discourage trips from a route or area. Even in Portland. there is only a rudimentary consideration given to the legitimacy of the perceived problem. no analysis of the implications of trip diversion, benefits to trip reduction. or disbenefits to forcing trips onto aitemate and more circuitous routes. which may or may not be more capable of satisfying trip demand with greater safety or less conflict with the adjacent community. Now only hi its infancy, Traffic Calming as a theory has far to go before a recommended policy of implementation could be endorsed by transportation professionals. Progress toward a recommended policy for implementation of traffic calming techniques will most likely be very slow. as the issue (like school zone devices) is very locally sensitive. A considerably larger data base must be developed and analyzed regarding the devices. their implications. effectiveness, and alternatives. It will be up to the local transportation engineer and the elected officials within each commtmity to "The Tra~c Calmme Toolbox" By TRANSTECH ENGINEERS INC make their recommendations on a case-by-case basis even after a recommended practice is developed. Before such guidance exists to assist the local decision-makers, we must do the best we can to fred the balance between mobility and private interests, based upon our understanding of the consequences of the tools employed. The following is intended only as a "shopping list" of the potential calming measures. so that the alternatives may be better understood in a review of any specific request from the community for calming action. CALMING TOOLS 1_. Education To address a concern expressed by the community regarding the intrusion of unwanted traffic, education is a powerful tool which is often overlooked. Unless there is a specific incident which has ignited public furor over a situation, most affected people remain reasonable and do not try to force an illogical device implementation. Providing the community with the facts of the situation (accident history, vehicular speeds, the drawbacks of a suggested specific action, options and their effectiveness) will hopefully lead to a more informed decision on which device or tactic to employ. Too often, the jurisdictional authority will not put forth the effort trying to educate the affected community as to the implications of calming options. 2.~. Enforcement The enforcement of the rules of the mad. or the threat of enforcement, has long been a most effective tool in achieving reasonable driving practices. While traffic levels have been increasing, the application of selective enforcement by the police has waned. Although a point can be made that law enforcement should be applied to other priorities, there are programs designed to maximize the effectiveness of traffic law enforcement. Each community. should apply these techniques as effectively as is possible. and address directly the minority of drivers which create the vast majority of consternation in these sensitive neighborhood areas. 3. Positive Guidance The theory of "positive guidance" in traffic control devices has proven itself over the past two decades as a very. effective approach to achieving 'the desired behavior from the driving public. especially with motorists unfamiliar with the area. Positive guidance seeks to deploy 4 "The TraEqc Calmine Toolbox" By TRANSTECH ENGINEERS. INC traffic control devices (signing, striping, pavement markings, channelization. lighting) in a coordinated manner in order to precisely dictate the desired driving behavior to the motorist, at all times (or at least at all decision points). If the devices are properly deployed, there should be no doubt in the driver's mind what his proper behavior should be. In applying the theory as a traffic calming device, the course of action would be to even overkill the sensifive roadway with speed limit signing, reflectors, street lighting, pavement markings (centerline, edge line, pavement messages), and whatever other devices may be effective in both providing guidance to the driver, and in imparting to him that he is in a sensitive environment. The proliferafion of devices delivers the message that their behavior is being assertively dictated. 4~ Warn~gS~n~g It is not wise to over-saturate any area with warning signs (black on yellow background), especially with exaggerated or false warnings. The result will be an increased disrespect for the legitimate warning signs, and an overall degradation of roadway safety. Studies conducted by the Transportation Research Board, in conjunction with the Federal Highway Administration and the Institute of Transpormfion Engineers conclusively show that indirect warning signing such as "Children at Play" have no positive benefit. Such signs are not authorized for use on public streets. There are situations where a warning sign or signs max' be legitimately employed in an overall effort to calm traffic. If there is a limited sight distance, curve, hidden intersection. street narrowing, or other roadway factor that should be brought to the attention of an approaching motorist, particularly if the concern of the commtmity. is with safety, the use of appropriate warning signing should be considered. 5. Intersection Channelization (~Vlovement Restrictions) Intersection channelizafion as a tnffic calming device is extremely effective in reducing the vehicular volume on a particular reute. Either through paint or through raised physical barriers. charmelization can limit the access onto or off of a particular street. It can be employed in various ways to single out a particular intersection movement (left-out, straight through. right-in, etc.), or a combination of movements in order to force trips desiring that movement onto an altemative mute. This methodology has been employed nationally for several decades in "calming" the cut- through demand on a local street adjacent to an overburdened arterial. As with other localized physical diverters, channelization diverts trips but does not discourage trips fi'om being made. The consequences of the lrip diversions should be considered when employing 5 "The Traf~c Calmine Toolbox" By TRANSTECH ENGINEERS INC this locally power~al calming device. Too often, the negative consequences of diverting traffm off of one street and onto another are not realized in advance, and adjacent communities are pined against each other in a public forum, with the local smff in the middle of the pushing. The underestimation of the consequences of diversion is a common mistake in the implementation of all calming devices imposed. for that purpose. 6_. Horizontal Narrowing In the Australian deployment of traff'm calming devices, in Europe, and in various American cities such as Portland. Seattle, Howard County, Maryland, and other locations to a much lesser degree, there is an application of width restrictions, particularly within inter~ections with the intention of creating "slow points" along a corridor. The intersection areas .typically provide the agency with existing right-of-way within which to construct traffm circles, landscaped circle medians, necking, and angled or constricted vehicular paths. Narrowing of a route outside of an intersection is also utilized, particularly in Australia, to either horizontally deflect, or to "squeeze" traffic through short areas where there is no shoulder comfort zone. The reasonable drivers will slow in these areas and proceed cautiously. Often in Australia and in Europe, the narrowing reduction often allows enough physical space for one-way traffic. As can be anticipated, there is a risk management concem for creating a public haTard which must be countered with proper design re*. iew, the application of traffic warning devices. sight-distance concerns. etc The concept of roadway narrowing to slow vehicles can be proven by driver reaction. yet it rims directly conlrary to the policies of highway safety long employed in the Unite_~ States. As the road widens with the prov,;on of a clear shoulder area free of obstacles, the speeds increase incrementally, yet the accident rate drops dramatically. Highway designers in America have for decades smoothed traffic and made it more efficient by widening lanes, providing shoulders, and removing obstacles. The application of horizontal narrowing to calm traffic is the opposite side of the coin. By making the roadway appear more dangerous, traffic will slow. In America for reasons of liability exposure, the trick is how to make it appear to the driver to be dangerous, yet not operate less safely. The primary. purpose of a roadside treatment such as a curb extension or other horizontal narrowing is to transmit a message to approaching traffm that they are not on an arterial street. It has long been the practice of roadway engineers to smooth the flow of traffic and increase the safety margin by widening streets and creating an obstacle-free shoulder or buffer area. With calming as an objective. the contrary measures of introducing obstacles 6 "The Traf~c Calrnine ToolbOx' By TRANSTECH ENGINEERS. into the buffer areas in order to present a less forgiving environment are applied. Most typically, roadside treatments consist of a choker treatment limiting the width of the street either at selected mid-block locations, or most commonly at intersections. The narrowing has a secondary impact of making a more controlled pedestrian crossing. Statistics can show that traf~c accidents are more likely to occur in areas which look open and clear of conflict, but winch have hidden obstacles. Roadways with more apparent obstacles sometimes operate with befter accident rates than roadways with subtle shortoommgs. With traffic calming, an intentional and obvious constricted environment is presented to incoming traffic in the attempt to reduce the comfort level of the driver and increase alermess and reduce speed. There are indications that there may be an improvement in accident rate in some cases. However, the low overall cost-effectiveness of this option, combined with possible problems in emergency services and increased liability. exposure, make it difficult for most authorities to endorse the application of obstacles into the roadway environmere as a worthwhile traffic management device. 7. Speed Humps In spite of a considerable mount of resistance from highway and safety professionals, speed humps are being applied under certain circumstances to public roadways at an accelerating pace. In certain areas of the country, and in the face of greatly increased exposure to tort liabilityjudgements, their installation is becoming fairly common. Still. in many areas of the United States, speed bump installation is severely restricted. even from most "ways open to the public" on commonly owned private proper~.'. A summary of speed hump programs in other jurisdictions is shown in the following table: "The Tra~c Calmint, Toolbox" By TR~NSTECH ENGINEERS. INC SPEED HUMP PROGRAMS IN VARIOUS JURISDICTIONS Clovis Phoenix Modesto Fresno Wichita Pention Requiremen ts 15 15 Priority Set No speed percentlie percentlie From Data criteria over posted over 25 No Less than speed No mph and specd/volu 3000 AL minimum over 2500 me criteria volume cars per day None 15%of 85 85th vehicles percentlie percentlie exceed over 35 1,000 ADT posted mph 100 during speed; 10% highest exceed by volume 10 mph hour 500-2200 ADT Single Pair Single Sing1! Single Pair Single Min. Dismn ce b'om Stop 250' 50' 250' 100' 200' 150' 150' 200' Min. Length of Street 500' 300' 1500 None Residenti~ 1000 School/Park None 750' 300' Min. 500' 150' 500' 500' Dismnce Benvccn Bumps Removal Same as Same as Same as Same as Criteria installauon installation installation installanon 500' 250400' 300' 51% Sm-nc as Smne ~s resident instaJlation installation approval City ps'-'~ Average per ye~ $I 75 City pays City pays City. pays Signing and $2400 per Minimum evaluation for for - for striping fees bump ofg00 fee installation installation installation, S500 for residents caB/day $1500 per and also approx tirst bump who sign tin,, will ' set allows for $900 cost 5300 each petition contubule residents to additional share cost 50% Less purchase residen5 than g00 pay cats/day tbr pay lO0~/e installation Approx. $2000 per Determined Average Average Average 3 Zero Average 30 Not every, 6 ! 0- ! 5 10-15 projects sets applicable months by sueets projects Council The application of speed humps (a.k.a.: speed bumps, road humps, vertical displacement devices) to many private roads brings an awareness of the devices to the general public. 8 "The Traffic Calmt~e Toolbox" By TRJNSTECH ENGINEERS. INC. Originally, they were narrow bands of raised pavement intended (but not designed) to force traffic to proceed slowly or have their vehicles physically punished at higher speeds. Operationally, however, the devices most often punished the prudent majority of drivers while sometimes giving the iraprudent driven a smoother ride at a higher speed. Only recently have speed humps been employed on public streets, and with the public liability exposure came the need to engineer speed hump design for specific effect. Most people are very familiar with speed humps, many have experienced them on public streets, but few are aware of the continuous experimentation and evaluation being conducted in the design and performance of the device. The standard speed hump design applied for the last decade was documented by the City. of Thousand Oaks, California. Kecently, the preferred designs have been referred to as the "Watts profile" or "flat top" humps. The design preference is now shifting toward the "sine wave" hump, or the very elongated profile hump developed for Seminole County, Florida. Kegardless of the specific design, if this tool is employed, a thorough documentation of design and implementation analysis seems critical to address liability exposure. Speed humps can be an effective tool which can be used to address an abuse of an imposed street hierarchy under.certain circumstances (if the inherent speed of traffic is not above 30 mph. if there is adequate sight-distance and warning, and if there is a preferred alternative route). There should be a policy researched and adopted before any installations are considered. 8. Stop Signs The deployment of Stop signs along a route in order to address the issue of inappropriate traffic characteristics has been utilized for several decades. Stop sighing is most often an effective and inexpensive method of addressing the concern. However, the tool is so powerful that its use for calming traffic has been resisted by transportation professionals. An o~;er-proliferation of Stop signs used for tra~c calming has an undermining effect on all other Stop si_mas, and on all other traffic control devices. by creating a contempt for them in the mind of the driving public. There has been some research conducted on the effect of "unwarranted" stop signs, or installations which do not meet the minimum traff'~c criteria for stop sign installation as recommended by the State's Traffic Manual, the Manual of Urdform Traffic Control Devices, and other Stop sign warrant systems. In the publication "An Evaluation of Unwarranted Stop Signs" by the Institute of Transportation Engineers, a conclusion was reached that "the hierarchy of the street system must be identifiable and the arterial and collectors must be sufficient to meet demand." Without an established and adequate hierarchy, misuse of lower-level streets will develop. The study recommends that communities develop and "The Tral~c Calmine Toolbox" By TRANSTECH ENGINEERS. INC employ a low-volume street Stop sign warrant system. Without the guidance of a warrant system or at least a specific analysis of impact, it is most often too difficult for a City Council to disagree with a vocal audience. and point out that arterial and collector streets were designed to carry higher traffm levels. Stop signs are a powerful tool which could be used effectively in the right circumstances. The Traffic Manual even allows the placement of Stop signs in order to "discourage through traffic." Clearly, this is a legitimate goal for traffic calming. However, the Manual clearly dictates that Stop signs shall not be placed in order to control the speed of traffic. To our knowledge, there has not been any case law relative to the interpretation of these two sections. leaving the justification question solely up to the local authority. Waterways The use of waterways (valley gutters) crossing streets for the specific purpose of calming traffic behavior is rare. It can be readily shown that the presence of a waterway crossing is extremely effective in both diemring reasonable speed and in discouraging the use of the street. The reluctance of public officials to implement waterways for calming reasons is based in their concern that such a physical obstruction could contribute to the cause of the loss of vehicle control and result in a tort liability action. Waterways have an extremely effective calming influence. If justified to better control water ranoff. and if proper waming devices are placed in advance. they are sometimes considered for their calming influence in the construction of new road systems. 10. Pavement Treatments (Textured Pavement) The theory of traffxc calming is, in essence, to bring to the attention of the approaching driver the fa~t that they are entering a roadway section where a more careful driving behavior is expected. The use of an unusual pavement surface treatment, particularly a textured treatment to transmit a physical as well as a visual message, has been used to present this message to approaching traffic. either by itself or in conjunction with other calming techniques. Observations of the effect of pavement treatments as a calming device have lead to the conclusion that there is little actual benefit provided by the technique. The limited benefit provided by the perceived measure, by aesthetic enhancement, and by improved driver a~vareness are countered by the cost, increase in noise. and potential disadvantages to emergency services. 10 "The Tra~c Calmine Toolbox" By TR~NSTECH ENGINEERS. INC. 11. Parkinf The presence of roadside parking (on-street) along a street encroaches into the roadside buffer areas and restricts sight-distances similarly to other obstacles. It is interesting to note that the restriction of sight.distance created by on-street parking is the most common factor in residential street pedestrian / vehicle traffic accidents. For this reason alone. a relaxation of an existing parking restriction for traffic calming purposes has not been seriously considered as an option. 12. One-way The installation of a one-way traffic restriction is not easily achieved. By far the foremost obstacle to further consideration of the one-way street alternative is the fact that a proximate couplet street must be present. With the reverse-direction couplet, volumes are split between two routes. T.vpically, this means a reduction for one street, but an increase for the couplet. This increase is politically acceptable in most cimurnstances only if the street is already commercial by nature, .and in need of additional traffic exposure. The one-way tool is impactive in many ways to the adjacent properties. Access becomes a constant irritant. However, the traffic efficiency of the mute becomes vastly improved. as conflicting mining movements are eliminated. The one-way couplet setup can accommodate a high Irafire demand with ease. Although not common. it is an option which should be considered if the logical couplet can be developed. The one-way couplet is a Irafire calming tool which may provide both a perceived improvement to quality of life, and an actual improvement to traffic efficiency and safety. 13. Truck Restrictions The track mixm~re of a street's average daily traffic may be an important aspect of the neighborhood concern. Trucks are obtrusive in size, noise. e.xhaust, and legitimately do not belong on streets lower in the hierarchy. An agency must be careful not to exclude mack traffic from a corridor unless-a logical alternative truck route is available, however, a truck restriction is legally achievable and politically acceptable in most communities. It frequently may serve as a suffmiently effective traffic calming device. Truck restrictions, as well as other potential regulatory measures 14. Closure The "ultimate" calming technique is an option frequently requested by at least a segment of the affected residential community. Although this option can often be easily dismissed as 11 "The Traffic Calmin~ Toolbox" Bv TRANSTECH ENGINEERS. INC unreasonable, it frequently requires careful formal evaluation of benefits and impacts. The coramunity decision-makers must be made to clearly understand the system-wide implications of street closure before deciding to implement this most powerful calming tool. If the traffic demand upon a residential collector is high due to a general over-saturation of the street heirarchy, the elimination &one bfthe available traffic routes will exacerbate the network shortcomings to a greater degree than is commonly anticipated. Although the diversion of traffic (a common goal of traffic calming) should be accounted for before the implementation of any calming measure, the closure option demands an accounting of the diverted impacts. An additional concern which should be anticipated with the closure option is the physical difficulty of constructing adequate roadway g~:metry at the closure point. Most often, there is not sufficie~ ~ublic right-of-way available to provide for a tam-around area on the terminated street se.zment(s). 15. Speed Zoning The California Vehicle Code allo~s the establishment of a prima facia speed limit of 25 mph for street segments meeting the definition of aresidential street. The definition threshold is based ug. :: the density of "separate dwelling houses or business structures" in the segment (13 in a 1/4 mile segment if on one side of the road, or 16 on both sides). In many eases, the residential collector impacted by excessive traffic satisfy the definition and a speed zone of 25 mph could be implemented and enforced. With an engineering and speed survey, the local jurisdiction will often justify and implement a higher speed zone to address traffic demand. Yet when faced with pressures to calm the traffic. the application of a lower speed limit may be an attractive alternative to other options. It has been clearly demonstrated that the application of a speed zone lower than the 851h percentile will require an extraordinary degree of enforcement in order to be effective in reducing average speeds. As pointed out by C. Edward Walter in his article "Suburban Residential Traffic Calming" in the September 1995 issue of the ITE (Institute of Transportation Engineers) Journal, "Traffic calming or slowing is fi'equently referred to as reverse traffic engineering. Ir vtead of casing and speeding n'affic~ow. traffic calming uses geometric changes or designs that passively reg'ulate travel speed ". Through measures employed to change driver alermess. driver behavior. or traffic characteristics, traffic calming seeks to address the common problem of negative quality-of-li/~ impacts to communities adjacent to overburdened residential collectors. The best possible application of the various techniques under variable conditions requires a considerable de_tree of care. The issues are worthy of careful consideration both politically and in light of potential liabilities and other negitive consequences. 12 "The Trat~c Calmine Toolbox" B~' TRANSTECH ENGINEERS. INC CONCLUSION This report is intended to provide a greater understanding of the issues involved with the evolving application of traffic calming techniques. What can be concluded at this point in time from the data presented is that although there are several options when presented with the concern.' each situation should be treated as unique. A thorough understar~ding of the real problem, the options, and their consequences should be attained before action is undertaken. The specific measures under consideration should be evaluated carefully against the roadway characteristics, driver behavior, operational consequences, and against the proven traffic problems to ensure that the application of the measures will improve the situation. The need to manage traffic calming devices in residential applications is not new, but it is growing rapidly and will not go away. Until a more uniform policy is developed, the urban traffic engineer must seek to find a balance in each case. "The Traffic Catraine Toolbox" By TR,4NSTECH ENGINEERS, INC SUMMARY OF POTENTIAL TRAFFIC CALMING MEASURES (From Portland, Oregon) Safety. Speed Traffic Noise Fuel Pollution Cost Emergenc Reduction Diversion Consumpt EffectWen y Services Accep~bl e for Traffic Mariagem eat Photo Radar Police Enforcem ent lmprovem Yes No Effect No Effect .No No Effect No Effect ent Change Improvcm Depends No Effect No Effect No No Effect No Effect eat on Change Yes Yes Improvem Unlikely Possibtc Possible Possible Possible Vet:, Low No Effect cnt Reduction Reduction Dccrco~c Decrease Limited Speed Bumps Education Unknown Yes Possible Sm,,ll Small Small High Possible Increase lncr~c [ncra~c Problem Possible N.A. N.A. N.A. N.A. N.A. No Eftcat lmprovem cat Textured Pavement Possible Possible No Effect increase No No Effect Moderate Possible Improvcm Change Problem eat P lssiblc Rumble Possible Possible No Effect Increase No Strips lmprovem Change eat No Effect High No Effect Possible Possible Unlikcl.~ Mixed No Effect No No Effect Low Possible Improvem Result~ Change Problems eat Yes Curb Extension divcrters/ improved Uniikci) No Effect No Effect No No Effect Low Possible Ped Change Problems Crossing Possible Possible Yes Possible No No Effect Moderate Possible lmprovem Reduction Change to High Problems eat Yes Possible Traffic Circles Chicsacs Improved Yes Possible No Effect No No Effect Moderate Possible Change Problems Possible Possible No Effect Small Small Moderate Possible Possible Improvem Increase Increase to High Problems ent Yes One-Way Street Possible No Possible No Effect No Improvem Change ent No Effect High No Effect Yes Median Barrier Possible No Possible No Effect No No Effect Moderate Possible lmprovem Change to High Problems ent Yes 14 Traffic calming as a concept encompasses any effort to reduce or minifroze the negauve impacts of moWr w, hicles on residential areas and local activity. distncts. It does not m2n the complr~e elirmnaUon of cars and nicks, but rather the implementation of controls (such as strict speed limits), the consu'uaion of devices {such as traffic humps), or the reorganizazion of systems (such as diversion of throug_h-tra~c) with the mm of allowing people and machines to co-cxLst comfortably and safely. Under this specific deftration, traffic calming does not include ped~rianintion, the cremion of auwmobile- fr~ zones, the organization of pedestrian pockets, the building of downtown malls, the r~planning of overall circulation networks, the desi~ation of bikeways, the control of pollution, general prowrams w prevent traffic accidents, etc. All these positive actions have their own approaches, methods and standards, and their o,~ voluminous bibliogaphies. Such references are not included here. The idea of traffic aiming can be traced back to the v~ry ~rs~ appearance of the motor car that generated · considerable an.~cties about personal safet.v. There are also notable early efforts in the United States that have attempted to deal with the automobile in a rational and constncung way (Radbum, for example). During the period of suburbanization and automobilization after World War II, on the other hand, ther~ has been little thought given to traffic calming in this countD.', and the concept almo~ could have been classified as "un-American." There have been a few but yen., isolated thrusts (Berkeley, for example). Attirades appear to be changing, however, in the 1990s, and increasing interest can be discerned in North America. Papers are being presented occasionally at transportation conferences, which are not always published. as for example in recent years at the annual January conferences of the Transportation Research Board in Washin~on. lm Europe. a much more aggressive policy has been adopted in the hi_mhly industrialized countries since the 1970s. ~'nere have been hundreds. if not thousands, of examples and penanent programs. and governments have taken an active role. That is also why European references on traffic calming are numerous. while the American inventor.' is extremely limiteci. Assuming that the time is ripe. there appears to be a need to bnng the available experience to the attention of those in the New World who may wish to consider and u'nplernent traffic calming progrz.ms in their communities. To be bvatually frank about the whole business, the elements, devices, and actions used to accomplish traffic calming are rather obvious. This whole inventon.' is somewhat limited and is described repeatedly in man,' of the references contained in this bibliography. The real pining and research rotcrest lies in the experiences ~ith this concept under different circums',ances and in different places. The term "traffic calming" is not yet a household word, and, inde',~,. appears to be somewhal quaint to mos~ people. Yea, as a maUer of fact, it is wor'kable and fully descriptive of the idea. Given the sequence of development. the English ten is a direct translation of the earlier German "Verkehrsberakigung." It is still early days in the defmit~on and general acceptance of the traffic aiming concept as an identifiable area of research and practice. A consequence of this fact is that a number of o~her tens are still in use. Ths., are not e.-acfly key words, but they will be found in references and as descnptors of formal and informal programs in various countries. --1 - OBJECTIVE~ The objecnves for the Traffm Calming Program are derived from existing City pohcy, the mission of the Portland Office of Transportation, and a combmaUon of the objectives for the former NTM and ATC programs. Specifically. they are: Improve neighborhood livability by miUgatmg the impact of vehicular trm ~ c on residential neighborhoods. Promote safe and pleasant conditions for residents, motorists. bicyclists, pedesr_rla_ns. and transit riders on residential streem. Promote and support the use of tnnsportaUon alternatives to the single occupant Vehicle. Encourage citron participation in all phases of Traffic Calming Program acm~Ues. 5. Make efficient use of City resources by prioMti-ing Traf~c C~lmmg projects. Support the policies contained in the ~'ansportavion Element of the Comprehensive Plan to "provide for the safe and efficient movement of people and goods while preserving, enhancing. or reclaiming the neighborhoods' livability" and to "guide the use of the city street system to control air pollution. traffic, and livabillty problems". The achievement of these objectives has been inherent in each and every traffic management project completed to date. Over the years, both complex and simple projects have been completed. All projects balance the interest of neighborhood ljvab~ty with safety and the multiple demands placed on the transportation system. POLICIES The following policies have been taken from the N'FM and ATC programs, and will now serve to gujde the TCP: Through traffic should be encouraged to use higher classification arterials, as designated in the ane~al streets class~cations and policies (contained in the Transpor~at/on Element of ~ Comprehensive P/an]. A combination of education, enforcement. and engineering methods should be employed. TrafSc calming devices should be pined and designed in keeping with sound engineering and planning practices. The City Tr~eac Engineer shall direct the installation of tr~ac control devices (signs, signals, and markings) as needed to accomplish the project, in compliance with the municipal code. 3 10. Emergency vehicle access should be accommodated in keeping within the e_x,-'sting Fire Bureau response standards. If current emergency vehicle access does not meet the ernstrag response standard, traffic c~]rning efforts should not fur. her degrade the response tune. Transit service access, safety, and scheduling should not be significantly impacted. Reasonable automobfie access should be maintained. Pedestrian, bicycle. and transit access should be encouraged and enhanced wherever possible and within budget limitations. Projects should be coordinated with the Bicycle and Pedestrian progr~m-~ where appropriate. Paxking removal should be considered on a project-by-project basis. Parking needs of residents should be balanced with the equally Important functions of traffic, emergency vehicle access, Iransit bicycle, and pedestrian movement. Application of the Trmmc Calming Program sh~]] be limited to those Neighborhood Collector Streets that are prim~r'ily residential, and to Local Senrice Streets. Where appropriate, projects on Neighborhood Collector Streets should be coordinated with projects on Local Service Streets. Traffic calming projects on Neighborhood Collector Streets shall not divert traffic off the project street through the use of traffic diversion devices. As a result of a project on a Neighborhood Collector, the mount of trat~c increase acceptable on a parallel Local Service Street shall not ~xceed 150 vehicles per day. Traffic may be rerouted from one Local Service Street to another as a result of a traffic calming project. The acceptable traffic increase should be defined on a project-by-project basis. An "Impact threshold curve" {see Appendix B) established by the Portland Office of Transportation shall serve as a guideline to determine the mount of rerouted tr~mc that is acceptable on Local Sennce Sn~eets. To implement the Traffxc Calxning Program, ce~nin procedures should be followed by the Office of Transportation in processing traffic calming requests m accordance with applicable codes and related policies and within the limits of available resources. At a mum, the procedures shall provide for submittal of project proposals: project evaluation and selection: citizen participation: communication of any test results and specific findings to project area residents and affected neighborhood organizations before installation of permanent traffic calming devices; and appropriate Courteft review. 4 INTRODUCTION The Neighborhood Traffic M:7,_zemem Program (NTMP) for local seBqce streets represents the commitment of the City of Portland and the Office of Transportation to the safety and [ivabfitw of residential neighbor- hoods It is one component :f the Bureau of Traffic Management's (BTM)"Reclaiming Our. Streets". a collaboration of Cit,,,: residents. and other agency efforts to reduce the trapact of traffic on neighborhoods. The N~IP pro- ,.-ides a process for identi(ving and addressing probkms retated to speeding. excessWe voiumes. and safety on streets classified as "bcai sen'Ice streets." Under the program. ' 7M works x~qth residents xnth~ nei~hbor- :,oods to evaluate the type and sevenS, of traffic problems. If the reqmred approval by residents and City Conact! ~s obtained. the City mstatls traffic management deuces. such as traff:c c~rcles. divertors, and cul-de-sacs. to .'nannge the pattern and flow of mghborhood tral'flc. As populauon and emploFaem tn the Port- land region connnue zo ~o,x. city streets are e×penencmg increased traffic pressure. City : i::77' calls for accommodating gov:h In a wav mat can protect ne:ghborhoods from :he ?,eg.~twe impacts of traffic. The NTMP puts :r, te .:racnce the goal and poiic~es that are c3ntamed tr, the Transportation Ekemeat of the Cit,..-.: Comprehensive Plan. These include: . Encourr ze :he devdopment of a balanced. affordaole. and efflcient transponat,,on s',-stem consistent xnth the arterial stree~ classifications and policies. · Proride for the safe and efficient moverr, ent of people and goods while prese.'3~ng. enhancing. or reclatm',ng the ne:ghbor- hoods' livabilit,v · Guide the use of the Oty street system to comml air pollution, traffic. and hvabiiity problems. The Iransportation Element a~o states mat · Local sen'~ce streets should not can'5.: excess trafgc from collector streets or experience high traffic v&umes or speed. ' · Access to motor vehicles on lo,.al sen'~ce streets may be sdectwdy restnoted to allow for non-trafhc uses or improved safety The C:.ty of Portland places a high value on neighborhood [ix'abilip,,; as reflected in these policies. Although livability has no prec:se cleffulton. it can be thought of as encompass- ing the following characteristics: · The abilr,- of residents to ks! sak and secure = zetr neighborhood. · The oppor. umty to intorat: socially ne:ghbors u:thout distractions or tb, reats. · The ability to experience a ic.~e of home and pnvacZc · A sense of community and neighborhood ide:.nty · A balanced reianonship between the mui::~le uses and needs of ~ ne:~hborhood Traffic management playg a v~tai role m promonte these characterstics. The NTMP reco~zes that vehicub. r traffic is only erie element of a neighborhood. and that other residenuai needs must be ~ven careful consideration. Through the NTME residents can evaluate the vaneus requirements. ben- efits. and trade-offs of proJec~ u'ithin their own ne:ghborhood and can become actively :nvoived m the decision-making process This brochure proxY. des information and g.~idetines to help them participate in that p/ocess -:.++ 1 OBJECTIVES The overall objectives of the Neighborhood Traffic Management Program are derived from e.'V. sting City poliq,' and the mission of the Portiahal Office of Transportation. They are: 1. Improve neighborhood livability by miUgaung the impact of vehicular traffic on residential neighborhoods. 2. Promote safe and pleasant conditions for motorists. bicyclksts, pedesmans, and residents on neighborhood streets. 3. Encourage cmzen mvolvement in all phases of neighborhood traffic management activities. 4. Make efficient use of City resources by pnonti:-ing traffic management requests. Support the policies contained m the Transportation Element of the Compre- hensive Plan to "provide for the safe and efficient movement of people and goods while prese.wmg, enhancing. or reclaiming the neighborhoods' livabil- lt,v" and to '~ide the use of the city street system to control air pollution. traffic, and livability problems.'* POLICIES The follo~ng policies are established as part of the Neighborhood Traffic Mana-;c- ment Program for local sen'ice streets: Throueh traffic should be routed to artenals. as desi~ated tn the artenai streets classifications and policies (contained in the Transportation Element of the Comprehensive Plan). Traffic may be rerouted from one local semce street ~o another as a result of an NTMP project. The amount of rerouted traffic that _: acceptable should be defined on a proJect-by-project basis by the traffic committee and City staff. usme, an "impact threshold curve" estabiished by the Portland Office of TransooEatLon as a ~:deline. (See Attachment 1 ' 3. Reasonable emergency vehicle access should be presen'ed. Reasonable automobile access should be maintained. NTMP projects should encourage and enhance pedestrian. bicycle. and transit access to neighborhood destinanons. Application of the Neighborhood Traff,,c :nageme.'..t Program shall be iimiteZ :c local ser,-ice streets. as designated :n the eriehal stree'._: classifications and Dci:- c!es. except as artthai treatments contribute to improvement of condlEo,7.s cE iocal serjice streets 6. The City shall employ traffic management devices to achieve the NT.V, Ps oh!oc- t:yes. Traffic management devices including traffic czrc!es. speed bumps. divertors. medians. curb extensions and c;.ners shall be planned and des;.~.e_: :n keeping ~qt.h sour, c engmeenng and planning practices. The Gtv Traffic E..-..c- neer shall direct the installation ef trafft.: ~trel de'.'~ces tsigs, sipalL and markings) as needed to accomplisZ: the project. in compliance ~th the taunt. or- pal code. 7. Te impiement the NTME certain procedures shall be followed bv the Offxce ::' Transpona.'.:on in processing traffic management requests in accordance applicable c:des and related policies and within the limits of availabie At a minimum. the procedures shall provide for submittal of projec~ evaluation of proposals by City staff: citron partic;.panon in plan development and evaluation: commumcation of any test results and specific findings to area -esidents and affected neighborhood oganizations before installation of perua- nent tL,:f:c management devices: and appropriate Council rexqe~v TYPES OF PROJECTS The NTMP includes two t,vpes of projects: F local semce street projects and 2~ collector recover' projects. In addition. neighborhood area studies are conducted by the Transportation Planning Dixqsion of the Office of Transportation. This brochure provides informauon to residents to help them participate tn local semce street projects. Collector recoves,' proleers and neighborhood area studies are aim briefly described he~ to acquaint the reader vath the other traffic management opttoru that are availabie and explain the siraauons in which they apply. Local seruce street projects are intended to respond to traffic issues rdated to speeding and excessive through-traffic on one local street in a neighborhood. Solutions max' include tensions to the local street to slow traffic or to completely or partially divert traffic off of the street. CJilector recovery projezts adciress traffic ~sues on streets classi~e:.' as ne:ghborhood collector stree~ These are streets which are predominantly restdennai. The goai '.s to-devdoD education. en/orcemem. and e%~neenng measures to decrease the negam,e trapacts ~ociated vdth speeding and excessive volumes on neighborhood collector streets. The ts.--ues offer opportu- nines for min~Uon urnque to collector streets and different ~m those applied through local sen'ice street projects. Netghbbrhood area studies respond to excesswe thmugh-:mffm speeding on multiple streets m one or more ne:ghbor- hoods. These plara are reqmreci ~o respond to trafhc proNems ~at are symptomat:c of wader problems. such as congestion or lack of capacity on the arterial system. The problems may be similar to those addressed by local sen'ice street projects. but are more pervasWe. w~th high volumes of through- traffic on more thai one adjacent street. Neighborhood area studies are developed primarily through the Transportation Planning Dwslon. ,.x'~th the involvement of other City bureaus They ~,-ptcally include anah'sis of land use and traffic patte-,~ both ~nthm and outside the study area. and include im'olvemem of affected nmghbor- hood assoc~atDr~3. business goups. and lndivaduals throughout the process They are scheduled based on avafiabie resources. and ~ven priority ~y factors that :nciude but are not bin:ted , Previous effor-~ or requests m the area ' intensity and extmt of the problems · Degree of confile: between :raffle conditions and Land uses · Avafiabiiltv e[ data , Arterial lmprovemeni projects scheduled or pianne~ PROCEDURES Project Request and Preliminan., Review NTMP projects can be requested by tndivtdual tittens or by neighborhood associations. City engineers and planners gather preb. mi- na7 data about the traffic request. inciud- mg voiume, speed, and accident infonv..,a- non. The City remws this informauon and assxF. s points to the request, as detailed m the folto~nng secuon. "Point A. sst~me:',t for NTMP Requests." A mmimum of J0 points ks required for a project to be e!t~ble for ',the program. Requests are also revxewed bv d~smc: traffic engneers for other possible solutions. If the prdiminary renew shows that a heard tk2 the public exists. the City may address the problem separately from the NT.ME Priority Ran'king Proleers are ranked c~tv,,nde. based on the point score zrom Step i The h>zhest rank:rig projets are unde:'taken first 7b.e hurt, bet of projects mw. ated eac.n year depends on City resources. lh'e Cit(' ncnhes all prqlect recuestors the status Of their resuest after erEnet 5:e_~ 1 or 5ted 2. as Jpprapmtc. The C:tv nonnes the appropriate ne!ghbcmoed assoc:at~ons of the status of the 15 ranked pr~lects and asks for the:: zor...- merits. Once tn the process. a project ks consxd- ered m the annual pnonty rank:ng step for up to 3 7ears If. after 3 years a project 'has not recewed a h~gh enough priority to proceed. it is no longer eilgibie lot consideration. This time [imxtanon ensures tMt the project request has not become obsolete because of changing traffxc condmons and/or new residents m the area. The project requestor ts notified when the 3-year limit expires. At that time. a new request may be made to re-enter the project in :he program. Step 1 ks then repeated to obtain current informanon. Petition-to-Study If a proJet'. zs ranked h,gh enough ~o proceed. a petuxon-to-study ks c:rcu[ated ~nthm a defined project area. The appropriate neighborhood assoc;auon is gwen the 3pportuntty to offtotally request the net:t~or.-:o-studv It the r,e:~hbcmood assoclauon ~oes not vash to do so. the ongna[ prqlect requestor is responsible for makm~ :he request. C:ty staff establish :he penuen-to-study area. baseZ on the informanon obtained dunng the .~retimman' renew. This area ts generally defined as those households and businesses froruing on the affecned segments oi' :he project street. In :ire case of a sinfie :nrersecnon probiem. the m,mmum area would be approx'amate[y one biock ~:, all directions. 5 The purpose of the pennon-to-study ts to determine the level of agreemere among residents on the project street that there ks a problem they want to address. City staff prepare the peuuon. describing the problem and the proce- dures to be followed if a study ~s undertaken. The pr~ect requestor(s} ns respomible for c~rculaung the petition. with City, stag asskstance as required. 5~atures representing a majority of the households and businesses ~thln the peation-to-study area are required to move the project fanyard. Each household and business is entitled :o one signature. Non-resident pr6per'q,' owners are not included in the pennon- to-study process. 4. Plan Development The City holds a public meeting m :he area to ~nform residents of the pending project. to describe thc NTMP process. and to gather addmonai informalion about the tramc probie.~ and re,ted ne:ghborhood needs. A ciuzen traffic committee ks brrae:i at this stage. The :ragxc committee works ~:th Citv staff to determine its roerobe> ship criteria and meeting procedures. and continues to work ciesely xv~th staff throughout the remainder of the project. Plan :.c'e[opment consists of the fotlcv.-..".g stepsz · .a~.~essment of pmbiems and neeas · Ide:'.z/icanon of project goals and ob!ez:ivcs · [dennficat,,on of evaluatton criteria · DeveLopmere of alternative plans/ soiu:ons · Sdez:on of a proposed plan The f:rsi two steps are accompkshed thrc:g: public meenngs. neighborhood ass,~c:x::on meetings. and traffic commit- tee me-_'::ngs. The City proposes solutter_= based on this citizen input and sour.': mgineenng pnnciples. Pos:~bie solu::::~ and ;heir impacts are evaluated by the 7affic committee. City bureaus. and :7?.: affected agencies. Test installation Once: plan ts agreed on by the :raffle comr.:::ee and City staff. the Cit',' prepz:~.: a pentton describing the pro..,;c:_~ pro:ect and calling for .~ re:7,::::,' tesi installanon. Traffic commzPee members circulate the pe:~:::. ',uthm a defined area ~x~?, staff :ssjtance as reou!red. The petman-to-test area must include all propemes located on the project street and on adjacent local semce streets within an area approx:.-r. ately 1 block from the project street. The traffic 'cornnuttee may expand the penuon-to-test area beyond these mm~mtim requirements if d,, St~atures representing a majority of the households and businesses within the peuuon-to-test area are required for the test to proceed. Each household and business ts entitled to one signature. Non-residem propexy owners a:-~ ~ot included m the petman-to-test process. However, they are noU~ed of th/' proposed test and informed of the procedures to be followed m appmvmg a permanent mstallauon. If the petition is successful. ~ '-st ~qil be installed for no less than 3 momb. s. If the City Traffic Endricer finds that an unforeseen hazard e.'ctsts, the vest may be revised or removed. When testing of tmtk devices is not possible or necessan/the CitZ,', can recommend permanent construction based on a positive ballot. ,,See step 7.) 6. Project Evaluation Fotiowmg the test per, od, the City evaluates how well the test has per- fT' :d In terms of the previously _. :d pmbiems and objec'. "re evaluation includes the subJoe. ~.,--eet and ~treets impacted by the project, and is ...~d on before-g-after speeds and voiumes. :mmac:s on emergezcv ven:cies or zornmere:at uses. and ot?.er evaiuauor. cr. tena de:ermme~ by traffic cor..,mitte~ dunng ste= -: It evaiuauon .criteria are not me: :o the sat,.sfac:xor, of :he traffm committee ar.a Clt" staff :he traffic plan may be moclmea and addmonal testing conducted. The hnal test results are renewed the traffic :o.'ra'mttee. area residents at.el re!evar.: Cip: bureaus. and the infomavc'r. :s distributed dunng the bal!otmg i:.~ge. The Citv '~ui! not fom'ard a project to a ballot If the test results show t~ ts unsafe or it violates LV'~[P or other Cry policies. Ballot To forward tee project to Ci~- Councfi acUon (step 8. .'.,pproval from house- holds. busmesies, and non-resident property,' ownet's wirkn a defined ballot area must be obtained ~,~.a a confidena.ii mail ballot admmstered by the The ballot area includes all pmperues boated on the ,frojeer street and on adjacent !cczi se:'uce streets :hat either 1) are w~t?::r. at. area approx'~mately '. block from tee project. or 2' exporter. co a :r:.:'ftc vci'.:me increase that :s at 75 percent of f.".e :r.x~mum acceptajie increase/,Is &termmeal by the traffic caromnice iur, r.g step 4~. 7 For projects that do not include tinfiE diverash. a majority of those ballots that are returned must be ,n favor of the project for it to proceed to City, Council action, For projects that do include traffic diversion, removing or rerounng an existing flow of traffm through con- strucUon of ph,vsical barnes such as cuMe-sacs or full or pamal divertors). the majority of ehpble households and businesses m the ballot area must respond favorabi,v For e.'cample. with 100 digible honseholds/busmesses. 51 affirmative responses must be received for the project to proceed. Each household. business. and non- resident propen5· owner ~s entitled to one ballot. 10. Monitoring The Portland OffEe of Transaona;cn and the Bureau of Parks and Recreauon monitor constructed dencos The Off e of Transportati ' ' ' on is ressonslme for the physical appearance of the project and lot traffic control de,aces. and the Bureau of Parks ~s responsibie for landscape maintenance. 11. Follow-Up Evaluation . Within 3 to 5 years after construerich of an NTMP project. the City conducts a follow-us evaluauon to dete,"mine if she projects goals and obJecuves continue to be met. Th~s eva[uauon may entafi traffic studies of volumes. sseeds. and accidents. as well as publxc optrash surveys City Council Action Based on t?.e pro.le,zt eva!u:.uon and a posture baiiot. C:ty surf members prepare a :e~on and recon:mendauons for City C,~u.nCi acnon. T~-,e report outi,.nes t.b,.~ Droe. ss foilowed. inc!udes the protic: :':nd,,ngs. and states the reasons for :he .recomrnendanons If a project does not obmn required ballot approval a ~s not forwarded :o City Count:! Desi~ and Construction Final design and construction is admm,stered by the City and is generally completed within 12 months after the ballot. t i POINT ASSIGNMENT FOR NTMP REQUESTS The follow~ng mform:uon is used to deveiom a numerical score for each N'?MP project request. Scores are used to rank requests on a cityvnde basis. A high ranking, available budget, and other factors are used to dete."mine which prolec~ will proceed Io the study stage. 1. Traffic Volume Average daily volume (on :he segment of :he project strew,: having the h'.ghest voiume!, dinded bv 100. · 30 po~nts max'~mum score Speed Percent of vehicles over the speed timit ~on the segment of :he project street hanng the h~g'nest percentage over the limit". dix'~ded by 3 · 30 points maximum score Accidents A de · ca nt rate over 3 consecuUve rears ~acc:dems pc: million vehic!e miles · traveled). · 30 points maximum scare 4. Elementary. Schools · 5 points for eac'n private or p::jlic elementary school ~n the subject street. Other Pedestrian Areas · Up to 5 points for each mdn'~ciual pedesman-onented faciiity. such as elderly housing or a park on the subJe:: street · For perlesiren-oriented [acilmes grouped together on the subject stree'.. up to 5 points for the group · 10 points maremum score Desi~ated Pedestrian Routes · 5 points for a subject street desig- nated as a perlesmart route in the City of Portland's arterial streets classfftca- nons and policies 7. Desi~a:ted Bicycle Routes · 5 points for a subject street desig- nated as a bicycle route in the City of Por:,!and~ arterial streets classifications and Dolic:es Altachment 2 TtLA. FFIC MANAGEMENT DEVICES ThL .:ecnon provides a bnd descnpuon of iome commonly used traffic management cloy:cos. A chart summart. rag the effec~ of these and other possible devices is also inciuded. 1. Traffic circles are raised ~slands placed m an Intersection. The primary purpose of a traffic c~rcle ~s to si0w hgh-speed Iraffic. Traffic circles are most effective when conswacted in a series on a local semce street. An additional bend:: is that the,.,' reduce the number of reported accidents. (Reported accidents tend to be more severe than unreponed accidents. ~ 2. CuMe-sacs are complete closures of the street. either midblock or at an mtersec:ion. They are rotended te c~mpie:eLv block access from one end of a local street. By doing so major reductions m speed and ,.-afume result. A c'ai-,x-sac instaiiec on a street i:v, av create DDbiems for emegenc? ve?,lcle aczss. Th:s 9robier. can usualh' be overcome an adecuate ;urearound is prox:ced or the c::i-de-s.:z is cznst."uc:ed mountable curbs Residents mav be required to access the:r property bv less direct route if access ts blocked by a cui-de-sac Chokers or curb extensions narrow the street by waderang the side:vaik or the landscaped parking strip These de'.'~ces are employed to make pedestrian crossings easier and to narrow the roadway They proride a vqsual cue to motorists that they are on a non-artenai route. Semi-diverters limit access to a street from one direction by blocking half the street. The,..- may aiso be constructed to limit certain move- merits at an mtersecuon. 5eml- divenets are generally often:we reduc:ng voiumes. especially if the predominant direction of trave! on a street is the one where access is reduced. They allow a higher decree of emegency vehicle access that, cul- de-sacs or 'qagonal dWerters. Diagonal diverters place a bamer diagonall7 :cross an mterscznon. dIsconnec::ng the ie~s of the z, terse:uo:,. These dencos are effecnve in :educing voiume. The'.' allow more freedom of c:rc'ziauon v.'~thm .:he neighborhood t':'.:g de-sacs F:_'gonal divertors can be desired and installed to proride emergent,' ','chicle access. !4 6. Intersection channelizanons are desired to limit certain movements. narrow the intersection, or othen~e d~rec.: traffm They am umn. ue to each intersection and can take a vane'.v of forms. An e.,mmple is a median island that restnets through movements Speed Bumps am currently being tested as a de~.ce to slow vehicle speeds on a local semce street. The testing process has tndude:~ three phases. Phase t tested e:m,.er~enc,' ,=e,n-tce and other ser,'~ce veh:~Les Phase II tested ne',ghborhood traffic and resident responses. Phase III vqt', test two altomauve speed bump dest~s. The. speed bumps used the Phase I and Phase II rests were 3 inches high by 12 feet w~de. The P~hase tlI test ~vill analyze one speed bump that is 3 Inches high by 14 feet wfie. and another speed bump that 3 Inches high by 22 feet w~de. Stop Si~s Residents mvoived in NTMP pre,ects oiten ask why stop sips are net used .is a ma,".a,~emem denco. Stop sLm:~ are used to assi~ nght-of-,.vay at an intersecuon. The',' are installed tntersect~ons where an accfiem _~roblem ts tdemffted. where unremovabie ',~slbihtv resmcuons exmt ksuch as bufidtr. gs or topographyh and/or where volumes are htgh enough that :he normai right-of-way mie ~s unCuly hrcardous Siop sh_m..s are generally not :nsuile~ divert traffic or rduce speeding C;,tv of Portland studies and studies from other Junsdtcnens show fiat such use of stop sips seldom has the desired effect. In fact. the use elsie.? si~s soleh-to regalate speed DTically causes neganve traffic safety impacts knon-complmnce v;[th the signs and increased Tr~yic Calming D~vite for Cdle~wr Streets EXECUTIVE SUMMARY For rahe past -'n yea.n the City of Portland has been m:fively c1~veloping and applying traffic manag~ncnt ,,'chniques to City roadways in order to enhance livability for adjacent n~sidenu. The e-h,nc~ment of neighborhood livab~ty has be~n achieved in larg~ pan by the nduc~on of =-d~c speed. Dm-lng this period the City h~ &veloped and implemented the Neighborhood Traffic Management Pro~m (NTIV[P) to ~t~a~ess waffle 'rehted issues on n:sid~n~al s=~t classLfiexl as Loca/Sex',4ce Stream accordhg to the Comprehensive Phn. The City is now in the process of &veloping the Art~ial Tnffic C~Irriing Program (ATCP) w ,aa~ss ~mila~ tmflk t~lated issue on residential sn~.~ts classified as Neighborhood Collectors. The fi.wa,,~cntal difference between the pw~s, ~ of wMch ,~ss m~&n~ ~ issues, ~ b~ p~y on ~e ~ ~on ~n s~5 clus~ ~ ~fl S~ S~ ~d Neighb~h~ ~ S~ ~c~g w ~e Tmsp~don element d ~e Compnhensive P~. ~ ~ ~ ~ ~on h ~ m~y d ~e ro~ways fo~d ~ bo~ of ~ese clu~o~ have ~m~ ~ ~d I~ ~clu~g volme, ~ ~& ~d ~j~ent ~d-use. Accor&g w pokey, however, Neighb~ Co~ m~ways ~ m ~nc~on ~ low level m~s (c~g ~u~ ~ps), w~e ~ S~ce Sn~ ~ m sse adj~ent lud-use oily. ~us, ~e~ wo s~t c~ca~o~ ~ ~n~y ~nnt ~pmaches ~o ~c c~g. TMs action played a sigrdficant role in helping m id~nffy primary goals for the ATC_2. Because of this arm-ial policy dis~nc~ion the ATCP is being developed with two Fcimm'y goals: 1) The first primary goal of the ATCP is the enhancemenu of r~sid~nti~l livability along the madway. This spec~cally incl-dc~ livabilivy enhancement for pes=ians, msidcnra, bicyclisu, nansit user, school childr=n, era.. 2) The -second primary goal of the ATCP is to mainmln. to the exmni possible, the arm.,~l inm~_-dty of the roadway. The viability of the roadway to.carry loca/through u'dfic should not be so d~g~a~'-,~ as to a'~am sig, fficant =affic volume shifts. The d~v-ic~s k~nffied in th{, Epon w~'e evaluate1 for ~en ab~ w m~t ~e ~o go~ of ~e ATe. ~s we~ ev~ua~ ~ =ms of enh,n~men~ ~ e~h~n~men~ ~p~ on ~ ~p~t on em~gen~ s~es, ~p~t on ~j~nt ~ss, ~d ~p~ on ~n~ veMcle o~don hclv~-g ~eW ~d ~hy. ~e ~n cargoes ~e ~s a~o~g m ~e~ c~nt m~ for ap~p~teness f~ ~e on co~ m~nys. ~es~ ~g~cs h~u~: t~9e g,3 Er, ECUT1VE SUMMARY for CoZZ~or S~reezz Approved Devices Devices in this category ar~ devices that are curren~y approved for use on Neighborhood Collator madways. These devices include, curb extensions, medians, and am-h/sp~;l bumps. Devices Under Test or Demonxtration These are devices that are highly promising and currently tracer test or being consider~l for test or demonstration. These devices include: any treatments, median slow points, raised crossw,nc~, and textured pavement n'eatments. Potential Devices Only the scrpeafine has been id~nt~fie~l as a device in this category. It is thought that the device has ~romise for meeting the ~.~zds o~ .:~e ATCP, however concerns regarding traffi: zafet7 and paricing ~moval maxe tesdng the device difficult. Other Devices These are devices that ~-~ consi~red inappropriate for Neighborhood Co11~ctor roadways. It is thought that these devices will significantly degrad~ the integ~ry of the roadway as a minor arterial. These devices include: wad closures, diver~rs, traffic circles, single lane devices, ch.icane, and local sneer spcc.:. bumps. This repor~ should be considered only an early assessm:nt of these tools. There remains many unanswered issues with regaxd to many of the devices. With experience many of these devices will likely be re-categorized as approvcd devices. 'EXECUTIVE SUMMARY Tr .~c Calming D,vic~ for Callrotor $tzusz INTRODUCTION This report has been produced as pan of the development of the A.r=fial Traffic C~lrnlng Pro~-arn, ATCP (formally the Colic'tot Recova'y Program). This comparative discussion of waffic calming devices was pr~par~l as a way of iden~_c'ying both approved and po,-ntial devices for use as pan of this program. The report categorizes the devices according ~o thch' current mtus for appropriateness for use on collector roadways. These categories include: Approved Devices Devices Under Test or Demonswaxion Potential Devices Other Devices Each device has been evahated in the r~port under the following standard fortnat: Objectives The broad-based primary and secondary objectives for each device. Application The general circumstances under which use of the device can be considered both in by itself or as pan of a s~reet scheme or plan. Limttaaons The ]i~ta~ons on the use of the device, Le., wher~ the device is appropriate or inappropriate. Advantages The main advantages or "sn'ong pints" in favor of use of the device. Disadvantages The main disadvantage or "sn'ong points" against use of the device. Unresolved lss~es Unnsolved issues with pomnda.I for developing into ~ither advantages or 'disadvantages. Issues an~ untosolved due ~o hck of field ex'p~ri:nce with device. With con6.uued r~sS. ng and d~nonsra:ions these issues wfl~ become resolved. The ~pon is in~nd, ed m be a pr~uninary g-ia~line only. The guidelines included in thi. report r~cluire additional eng~eexing expense and judgment in the d~velopment of s'pec~c solutions for specific id~n6.fied si,- problems. ~e l.'~ INTRODUC170N Tr~c Caim~ Degi~t~ for Colltcwr .~et:s APPROVED DEVICES Appmv~ d~vic~s a= those devices which az~ cm'rr~dy availabl~ for use as a pan of the Anm-/al Traffic cahning Pingare without firth= ~s~ng or c~monsu-a~ug. These c~vic~ /.uclud. c: Curb Ex~,'nsions Medians a Spe~d Bumps Traffic Caiminz D~v~:~ for Collator rrre.~s CURB EXTENSIONS O jeca, e Enhan-c pedesu'ian crossing point. visual screen or bma.k along line of wadway. Applialti~n Cm-b cxucnsions arc applicable on wadways with vchicuhr waffle perceived as being incomps~blc wi~h the adjacent rcsidcn~hl land use. Curb extensions can bc insr~lcd either az imc~sccions or mid-block, Ccrb extensions may be used in conjunction with other maSic calming devices. Cur0 extensions are limir, cd only m the degree that they extend into the wavel way. (Curb extensions cannot impede or rcsu~c~ the two-way operation of the roadway) Cufo exumsinn can be used on all roadway class/fications according w the Tmsponacion Element of the City of Portland Comprehensive Plan with the exception of "Regional Trafficways". Advantages · · · · · Reduces pcdcsu~an crossing distance and ~imc. Provkics visual enhancement of pcdcsu-izn crossing point Prevents passing. of turning vehicles. Requires no deviation from swaight line vehicle path. Facilitates n"ansit loathing and unloacling. DiSadvantages Some parking removal rcquimcL ~gh installation cost Effective curb extension design precludes bicycle accommoda~on Unresolved Issues I · · Cos'dbenefit ~i~tcnance Cos~ Bicyctc aCCOmmOC~dOn. New Curb Tjne Trait Caj,~ng Device,? for Colle~wr S~re~z TENSION New Curb Line Page Tr~lic CaZ~ing Devicr,~ for ColZ~/,wr Srre=s MEDIANS O~jective · Provide visua/cue of change in roadway envirom'nent App~catian Medians ar~ appldcabl~ on roadways with vehicular traffic l~rccivad as being incompatible with the adjacent rnsicl~nfial land us~. Medians may be used in conjunction with other watTic esdming devices. Limitaaons Medians have no general ILmimdons. Merli,ns can be used on all roadway classifications according to the Transporntion Element of the Cffy of Pordsnd Comprehensive Plan with the exception of "R~gional Tr2~cways ". Advantages Provides visual enhancement of roadway environment (particularly if landscaped). Preyohm passing. Scpara-.s opposing vehicle wavcl lanes. Disadvantages Major parking r~moval x?xluir~l. Expensive (,pardculzrly if landscaping inclucted). ~ohibi~ ~nd/or Iimffs access and movemenL Unresolved Issues · Bicy~:le issues · Cosinefit ARTERIAL SPEED BU1VIPS Objecave · R~.duc= vehicular sp~d. Appl~aaon Ar~ sp~-.d bumps are applicable on roadways with vehicular .spe~ds pezceived as be/rig incompatible with the adjacent x~sic~6.l land us~. Ancria/speed bumps may be used in conjunction with other =a~ic ~,lming devices. L~F,.~ons Arterial spr_,,d bumps ar~ limiu~cI for use a~ l~r the City of Portland Tx-~ffic Manual. Arterial speed bumps arc limited for use on su~eu classified as either "local service s:r:~:s" or "neighborhood collector su'c~ts" according to the Transpona~on ElcmcnL An:~a] spexl bumps ar~ lim/=d for use on t-~o lane residential su:e:s wit: 85th l~.'=en~/e sp~,~ls of berw~n 30 -~d 45 mph. Spc~ rcducdon over cnxi~ len~/~ of z/on~ the len~.h of the Advanmges · m · Effectively reduces vehicle slx~ds to 25-30 mph near the location of the device. When used in series, effectively reduces speeds of vehicles over the entir~ length of a madway section. Relatively inexpensive ($1500 to $2,000 per bump) R-,,q, uin~s no parking r~movaL R~,q. uir~s no eviarion from vehic~ suight line pat:, Does not Lmpact intr, rsection operations, Poses nc r~su-icdons for bicycles D~advanmges · I Possible ina~asc in uIF~: noise due to br~k-lng and a:eeteration of u-ucks. I imiu:d for use on roadways wir_h 85th I~rcentile spools less t:an 45 mph. Unresolved Isxue$ Tr.~c Ca2m2ng De~ f~,r Col, t 'e.~r St~ecz Speed Bump (typical) Ca~ter ~ Trtl~e~ I-Re 100' L lag' De~"abI- Oplk Section A.-A FLAT Section B-B T, . G.f d Pe'aa~ m,,,t,ae; C~= D mlg w e',-- C rnk D&VJL'I-~ UIvDI-~ .J /"J OR Dk..HrJAI.¥~iCAjtJO N PI~gI B,I I ~nal Trqf~c Calming D~,ic,u for Collr..tror .e rrcttx DEVICES UNDER TEST OR DEMONSTRATION Thor= arc a number of th= ~vic,.s curren~y uncter zcsz or demonsradon Lhat az= highly promising for use on bigher volume residential struts and as part of the Armfzal Traffic Calming Program. Th-se device include: Enry Tz=anncnt Mrxlian Slow Point P, zised Crosswalk Textured Pav~mcm Trea~ngnt p~e 1-12 DhYIC~*-~ UND~ Tk~'2 OR D~.HON-vltCsdzON V~I'KY TI~ATM,,ENT Objective · Provide v~sual and mcrne cuc to ctdvcrs of cnu'y into specific area or envh'onment, Application Enu-y u~auncnts an appIicablc on roadways at wansidon points between two t~crcnt land use environments or two different sut'ct chssifica~.ons, Emry u'uwaents may be used in conjunction with other raffle c~m~ng devices such as raised thresholds, curb extensions and/or pavement u'caaxnents. Limilatia ns The ef'/ccdveness of an entry treatment to influence motorist behavior is limited unless included as paxt of an overall ffa~ic cahning plz. u for a succL Entry n'caunents are limited for use on two lane or less xcsidenth/su'ccts classified as ei~hcr "loca/service s~ccts" or "neighborhood col/ecmr sn-cets" according to the Tmnsportadon ;:Icrncnt of the Cit~ of Pordand Comprehensive Phn. Advantages Pr.,ov~des s~ong indication of changing environment and/or driving con~ons.. E~u~s p~s~ ~oss~g m Aes~cdc~y appc~g (~proves appe~ of ~on)~ Poses no ~ss ~c~ons for m~way u~. Disadvantages · Pavement lxcauncnt or brick work is very expensive. Unresolved Issues · Cost · Cost/Benefit · Device mainu:nance issues. Dt"VIC.I:.~ UNDF,~ .~.,,57 OR D~MQN~'~R~IJON --] IVIEDIAN SLOW PO~ O~jecave Redu-,' vehicle spe.~ Enhance pe.&strian crossing point. Cream visual break or screen along line of roadway. App~a~ion l~Hi~n slow points an~ applicable on roadways with vehicular speeds Fxceivcd as king incompatible with the adjacent msicl=nfial land use. Median stow points czn b~ installed either a~ int-rscc~ons or mid-block. Median slow points may be used in conjuno~ion with or_her n-zffic c~lrnini d~vices. Media slow points ar~ lindted for use on two lane or l~ss rcsi~ntial struts classified as either "local service s~reets" or "neighborhood collccrnr strr. ets" accor~ding to the Transportation Element of the City of Portland Comprehensive Plan. M~dian slow points are I/m/ttxl by AASHTO standards for transition taper length. M~.iian slow points ar~ sometimes limited by parking r, moval issues. Adva~ages · · · · · Daadvanmges · Some parldng r~moval required, Unresolvedlssues · CoST of d~vi~ · M~enanee Costs ,- P~g, !-I1 Dl~VlC,~' UND~,R ~1~ OR DL~IUNXuOSLIlO N I~'LBLOCK 1VFE, DIAN SLOW POINT ] ~ ~' ~ S~,CnoNA-A INTERSECTION D~(IC~,j UNL)~,~ l~,~l OR I~.~40N~']A4310N ~:~e if- 14 · i Devices for Cdlzcwr Struts RAISED CROSSWALK Objective R~uc~ vehicular spc~d. Enhance pr, ch:suian cossing p0inL Application Ra/s~d a'ossW~tkt s~ applicable on roadways wi~h vehic-hr speeds p~'c~ivcd as being incompatible with the adjac=nt ~s~d~d land us~. Ra/sed a'osswslk~ are applicable at 1ocadons with siJnific~nt pcd~sn'ian crossings. ~ crosswalks may be used in conjunc~on with other nffic c~nin[ d~vi~s pan/cularly entry n'~annenm. Limita~ons Rs.ised crosswalk~ ar~ limit~:l for use on two l~.ne or less residential sn~-e~s classifi~.d ~s eiLhcr "locs] service sn'=~s' or "neighborflood collector sn-.~s" ~cording m the Tnnspor~fion Element of the Civy of Portland C~mprchensive Plan. Raised crossw~lJ~, ~ ar~rial speed bumps, ar~ lhnh~.d for use on roadways with 85~h percendle spee~ls less then 45 mph. Ra/sed crosswalh; like artm-iaI bumps are Iimitext for use accord/rig to the City of Porthnd Traf~c M~nual for sp~:l bump use. Advantages · · · · · · Effectively r~duces vehicle speeds ne~ the location of the device. Creates v/sual enhancement af F..d~sw/~n crossing: ~inL If cons=ucted curb-to-curb, provides smooth transiuon and ped=su-/an crossing at same gad~ as adjacent sid=w~k~. Poses no access r=srictions for roadway users. Requi=s no deviadon from vehicle sra3.ght l/he pack Does not impact inr~.,~ a oper'~ions. Disadvantages Possible inu-ease in tc noise due to bx~t~.g and acceleration of vehicles. If not consrac-,r.d cuxb-m-curb, grade. change can ca:am difficulty in crossing for ' visua]Jy impaix'cch 9-17 D~V~C~5 UNDER :P. vl OR D~4UNA'J~AIION Unresolved Issues · · · · · Access issues for emergency services and txansi~ vehicles. D~vice maintenance issues, Cos~ Device design IZ)cv~e Markings rr~C/~c Ca/..~ng D~vl,-r.~ for Collr. c:or S~7tas M'n')-BLOCK A RAISED CROSSWALK A Section A-A LNTERSECTION Lr 'A Objscavt · · Tnr/j'~ Cat,e,.iq Dev~c~ /'or CoZZccwr Srrca.~ COLORED & TEXTURED PAVEMENT TREATMENTS Reduce vehicle speed, Provid~ visual and tactile cue ~o drivers of enmy into specific area or environment. Applic"'~nn Colorr,,d & textured pavement u~an, ncn~s are applicable on roadways ,Ath vehicular speeds perceived as being incompatible wiffi the adjacent msi&:ndal land use. May be used in conjunction with other traffic cahning cleviccs such as raised thresholds, curb extensions and/or pavement treatments. Limitations Colored & Textured pavement weatments are limited for use on two lane or less rcsi~n~l soueta classified as "loca/service stars" or "neighborhood coll~ctor s:xccts" accomlLng 1o the Transportation Elcmcnt of the City of Portland Comprehensive Plan. The cffccxivcncss of colored & u:xturcd pavcrncm m:anncnt is lh-~ited unless included as part of an overall raffle management plan for a sincot. Textured pavement utau'ncms arc limited by the clogroe of nuamacnt roughness (roughness impacr. s noise and bicycle/motorcycle safety). Advantages · Frov{des n-ong' indiadon of changhg environment and/or ch~ving conditions. . · If tacdlc enough, speed reduction possible. · Poten,%lly acsuhel~cally appe~ling Cff brick or' block is used) · Poses no access resn-ictions for roadway users. · Requires no parking removal Disadvantages The morn tactile, the more noisy. Possibly c~ar=s b,-,ni for bicyclists If not tackle enough, limited ~ C~lrning value. DhvlCJ~ UiVD~R ].l~'j OR DI~HUN~'2P, AJION t~ge B-gn Unresolved Issues · Design · Cost · Effcc~veness · Bicycle issues Tr6ffic Calming Dev~c== for Collet:or 5trea= DE3/IG~,~ UI~b.~ ]r.~'l OR DI'4dONX~RA.U' Tr~/fi~ C~:~,~ Dev~t,, for Coae~mr S~,~e,, POTENTIAL DEVICES potential devices are devices which have potential for use on higher volume residential sn-ects and/or fie Axzeri~ Traffic Calming Program, but due to design consn'aints cannot be tested or demonswamd on the two existing test proje_--,s. 'It is n~eommendetl that devices i~ntified in this category be tested or demonswatexl, when appropriate, as pan of funn-e projects. Only the serpcndnc/offscz device currcnfiy fan~ inw this category. .! POI t'q.l ,L4L DI:. FIt't,~' Tra;y'tc Cai,,rjng Devic~ for Collccwr 3frets SERPENTINE OR OFFSET TYPE TREATMENTS Objecave Reduce vekicle speeds C~ate visual break or screen along lin~ of roadway. App~cadon Offsets/supentines are applicable on roadways with vehic-m.? speech perceived as being incompatible with the adjacent r~sid~ntial land use. O~sets/supendnes are locat~l az mid-blcN:k locations. Offsets/serpendnes may be used in conj,,-,'tion with other n-,tffic calming devices. Offset~/serpentines m currcndy not appmved for use in Portland. However, if approved~ would be limit~,d for use on v,vo lane or less x'~sidential struts classified as "local servic,~ su~ts' and possibly "neighborhood collector su~ts" according to the T~n~ortation Element of the Cky of P~d Comprehensive Plan. Device limited by AASHTO standarch for msition toper Device will requix~ sigrafic~- ;~arking removal and is therefore l/raked to locations where parking removal not a.u issue. Advanmges Reduces vc,hiclc sp-cech near the location of the device. Prewnu passing of mraing vehicles. D~advanmges SignScant parking removal required. Requires major deviation from snight line path. Su'zight line deviation prov'id~s head-on & fixed object collj. sion potential. Unresolved I~s~s · Cost of device · · , Bicycle Provision · · Cos~oenc~t l~vf~;r~r~zzance Costs Effectiveness of device POI i.,Vi .IAL Dt:: VI(.;I:.~ Tr~c Ca~,~nZ Devb:cs for CoZZgczor Srre. ezs SERPENTINE/OFFSET New Curb T.{ne j Tn~c C~n$ Devlce.: ft,r Caneclot .Ytrett.r OTHER DEVICES This report has so far listed devices that are, or may be. appropriate for higher volume two lane roadways as pan of the Arterial Tmf~ Calm/ng Program. 'lte Arrr. ria~ Tra~c c~l,-m.ug Progrzm treats residential 1ivabflity issues on s'tmet classified as "neighborhood .collectors" a~cord. ing to the n-ansl~rta~ion element of Cft~ of Pordand Comprehensive Plan Neighborho~l collectors are arterial wadways,' and as such are designated to s~rve as a higher lFaf'Sc volume slx~ts. The Arterial Tz-affu: r~ming Program goals and objec,~ve mcogn~ ~ w~ ~vab~ hsucs must ~ a~ss~ ~at ~e ~W of ndghb~h~ co~cmr s~ m ~c~on ~ ~s must ~so ~ m~t~n~ ~e~fom, ~ces wMch ~ ~e ~ ~m~ of · esc madways, ~ =ms of ~ve~g sight moun~ of ~c, ~ i~n~fi~ ~ th~ s~fion, ~ ~uimblc for use ~ ~e ~ T~c ~g ~o~. The follow~g is a list of devices that are deemed unsuitable for arterial roadways but may be appropriam madways where mahta~ing arterial integ~ty is not relevant: Road Closure Diagonal Divefret Single Lane Entry or Threshold Traffic Circle Local Speed Bumps Singlc Lane Slow Point Single Lane Offset CMt-azlc CITY OF TEMECULA POLICY FOR CLOSURE OR MODIFICATION OF TRAFFIC FLOW ON PUBLIC STRI~,ETS Traffic flow modifications covered by this policy include all "official traffic control devices" authorized by the California Vehicle Code. Some of the methods authorized in particular circumstances might include traffic islands, curbs, traffic barriers, or other roadway design features, removing or relocation traffic signals and one-way traffic flow. A petition request for the closure or modification of traffic flow on public streets, including re- openin" previously closed streets, will be considered by the City for those streets meeting all of the following criteria: The street must be classified as a "local street" based on the City's Circulation Element of the General Plan. b. The street should be primarily residential in nature. Traffic volumes on the street must equal or exceed 2,000 vehicles per day for a complete closure. Volumes for a partial closure must equal or exceed 1,000 vehicles per day. Public Safety Agencies have not provided sufficient evidence of any major public safety concerns regarding the proposed street ciosure or traffic flow modification. An engineering safety study has determined that the proposed closure or traffic flow modifications will not create unreasonable traffic on the subject street or on streets which may be impacted by diverted traffic. f. The changes in traffic flow will not result in unreasonable liability exposure for the City. All persons signing a petition requesting a street closure or traffic flow modification acknowledge it is the City's policy that they will need to participate in all costs directly associated with the street closure or traffic flow modification in order to facilitate the funding of the ultimate improvements needed to implement the street closure or traffic flow modi~eatlons. h. The requested action is authorized by legislative authority in State law. PETITION REOUIREMENTS The following procedures must be foliowed for submitting a petition to the City: The City Traffic Engineer will examine the technical feasibility and anticipated impacts of the proposed street closure or traffic flow modifications. This review will include, but will not be limited to, items such as State law, the Circulation Element of the City's General Plan, the type of road or street involved, compliance with engineering regulations, existing traffic conditions, projected tnfflc conditions, the potential for traffic diversion to adjacent streets, the increased liability exposure for the City or conflicts with future planned improvements. The City Traffic Engineer will determine the boundary of the 'affected area* to be petitioned. The affected area will include those proparties where normal travel routes are altered by the street closure or traffic flow modifications, and/or properties which are significantly impaeted by traffic that is to be diverted. The petition requesting the street closure or traffic flow modifications must be supported by a minimum of 75 percent of the total number of properties within the 'affected area.' Persons submitting petitions must attempt to contact all proparty owners within the affected area to determine their views on the proposed street closure or modifications in traffic flow. The City will not accept a petition unless the petitioner offers confirmation in a form satisfactory to the City Traffic Engineer that at least 85 percent of the property owners in the affected area have been contacted and have either signed the petition in support of the street closure or traffic flow modification or have signed a document indicating non-support for the street closure or traffic flow modification. d. At a minimum, peuuons submitted to the City for review must include the following: · A statement that all persons signing the petition acknowledge it is the City' s polic y that they will need to partici~":e in all costs directly associated with the street closure or traffic flow modifications in order m ±acilitate the funding of the ultimate improvements needed to implement the street closure or traffic flow modifications. A drawing showing the exact location of the proposed street closure or traffic flow modifications and the boundary of the "affected area* must be provided. The drawing must include changes in traffic patterns anticipated as result of the proposed street c , ~re or traffic flow modifications. · The petition language must also clearly explain the location and nature of the proposed street closure or traffic flow modifications. The petition language and attached drawing must be reviewed and approved by the City Traxfle Engineer prior to circulation to ensure its accuracy and ability to be clearly understood. · A specific reference to the Vehicle Code section authorizing such street closure or traffic flow modifications must be provided. A sample petition has been provided as an attachment to this policy. -2- r.'~,alf~r~elicy'~clomate- I I i951sj~ PETITION REVIEW PROCESS The following process will be used to review all petitions associated with a proposed street closure or traffic flow modifications: The City Traffic Engineer will review any petition to verify compliance with all petition requirements set forth above, including whether the request in the petition is authorized by State law. Any petition not complying with these requirements will not be accepted for consideration. If the petition contains all of the required information under this policy, the proposed street closure or traffic flow modifications will be referred to all affected public agencies in conjunction with the environmental review process. When applicable, these agencies will include all City Departments, the local office of the California Highway Patrol, County Sheriff and Fire Departments, all affected local utility companies, Temecula Valley Unified Schcol Dislrict, Riverside Transit Agency, the local office of California Department of Transportation and any other agencies affected by the requested closure or traffic flow modification. ff the petition contains all of the required information under this policy, where the street closure or traffic flow modifications on a street or system of streets may be accomplished by several different methods, a public workshop will be held to which all petitioners, affected property owners, and long-term tenants such as mobile home park residents will be invited to participate after the petition requesting the traffic flow modifications or street closure has been received and verified by the City. The purpose of the workshop will be to attempt to determine the method that has the greatest community support. CITY ACTION ON STREET CLOSURE OR TRAFFIC FLOW MODIFICATION REOUESTS Once a petition contains all of the required information and all of the matters described above under "Petition Review Process" have been completed, the City Traffic Engineer will prepare a report with recommendations and initiate and complete the environmental review process for the project. Project alternatives to the extent required will be defined for a temporary or permanent street closure or traffic flow modifications. The City of Temecula, Public/Traffic Safety Commission will review the street closure or traffic flow modifications request, any environmental review document prepared for the project, all public agency referral responses received during the environmental review process, and the results of the technical staff review. The City of Temecula Public/Traffic Safety Commission may support or recommend against the street closure or traffic flow modifications. If the Public/Traffic Safety Commission denies the proposed street closure or traffic flow modifications, that action will be final unless within ten days from the date of the City Traffic Engineer's notification of the Commission's decision to all property owners within the affected area, a property owner within the affected area appeals the Commission's decision to the City Council. In order to appeal the decision. the property owner shall file a written notice of al~peal with the Department of Public Works. The appeal will be heard in accordance with the Appeal Process listed below. If the request is recommended for further consideration, after public notice is given, the City Council may, after realring any necessary findings, establish a temporary or permanent period of street closure or traffic flow modifications. When the City Council considers a recommendation of the Public/Traffic Safety Commission or an appeal of a decision of the Public/Traffic Safety Commission with respect to a proposed street closure or traffic flow modifications, i;, vAIl follow the process outlined below: A letter explaining the street closure or traffic flow modifications and the time and place when the matter will be heard by the City Council will be sent to all property owners, within the affected area prior to its ins'~allation. All approaches to the proposed closure or modification will be posted notifying motorists of upcoming Public Hearing. A Public Hearing will be set before the City Council and public notice will be given at least ten (10) days prior to the hearin~ by letter to property owners in the affected area and by posting of signs on the affe~'~d roadways as described in this Section and by a notice published in the newspaper. Public notification of the City Council action will be given in cases when a street closure or traffic modifications is approved by the City Council, and signs giving notice of the street closure or traffic flow modifications will also be erected at least two weeks prior to the date of implementation of the street closure or traffic modifications. In the event the action involves a highway not under the exclusive jurisdiction of the City of Temecula, the City will ob~n the proper approvals from the California Transportation Commission pursuant to California Vehicle Code Section 21101 or 21100 (d) prior to implementation of the street closure or traffic flow modification. A letter explaining the final City Council decision will be sent by the City to all property owners, within the affected area. The City Council has the sole discretion, subject to all applicable laws, to approve, modify, continue or deny any street closure or traffic flow modifications request regardless of any support or lack thereof via the petition process. Any action by the City Council to approve or deny a street closure or traffic flow modifications request will be by adoption of a formal resolution. ..4- r. Xtaff~x,~oli~y~tcknur=-ll/95/~jp DEPARTMENT OF PUBLIC WORKS PETITION TO CLOSE OR MODIFY THE TRAFFIC FLOW ON STI~F-ET BETWE~EN AND BY T~E INSTALLATION OF (Nature of Changes) AT fLocation) DATE: BEFORE YOU SIGN THIS PI~'fI'flON, UNDERSTAND VvrI'IAT YOU ARE SIGNING! IT IS RECOMMENDED THAT YOU FIRST READ THE CITY'S POLICY FOR CLOSURE OR MODIFICATION OF TRAFFIC FLOW ON PUBLIC STREETS. We, the undersigned resident of the area shown on the attached map do/do not petition the City of Temecula to on Street ~s shown on the attached drawing. All persons signing this petition acknowledge it is the City's policy that they will need to participate in all costs di~ectiy associated with the street closure or traffic flow modification in order to facilitate the funding of the ultimate improvements needed to implement the street closure or traffic flow modification. The specific California Vehicle Code seaion(s) authorizing such closure or traffic flow modifications states: All persons signing this petition do hereby certify that they reside within the area impacted by the proposed traffic flow change as shown on the auached map. Our designated contact person is: Phone: Signature Print Name Print Address Regulating the methods of deposit of garbage and refuse in streets and highways for collection by the local authority or by any person authorized by the local authority. Regulating cruising. The ordinance or resolution adopted pursuant to this subdivision shall regulated cruising, which shall be defined as the repetitive driving of a motor vehicle past a traffic control point, in traffic which is congested at or near the traffic control point, as determined by the ranldng peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been given an adequate written notice that further driving past the control point will be a violation of the ordinance or resolution. No person is in violation of an ordinance or resolution adopted pursuant to this subdivision unless (1) that person has been given the written notice on a previous driving trip past the control point and then again passes the control point in that same time interval and (2) the beginning and end of the portion of the street subject to cruising controls are clearly identified by signs that briefly and clearly state the appropriate provisions of this subdivision and the local ordinance or resolution on cruising. Regulating or authorizing the removal by peace officers of vehicles unlawfully parked in a fire lane, as described in Section 22500.1, on private property. Any removal pursuant to this subdivision shall be consistent to the extent possible with the procedures for removal and storage set for~ in Chapter 10 (commencing with Section 22650). TRA~'FIC CONTROL DEVICES: UNIFORM STANDARDS AND SPECIFICATIONS VEHICLE CODE SECTION 21100.1 Whenever any city or county, by ordinance or resolution, permits, restricts, or prohibits the use of public or private highways pursuant to this article, any traffic control device erected by it on or after January l, 1981, shall conform to the uniform standards and specificetious adopted by the Department of Transportation pursuant to Section 21400. REGULATION OF I-HGHWAYS VEHICLE CODE SECTION 21101. Local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution on the following matters: a. Closing any highway to vehicular traffic when, in the opinion of the legislative body having jurisdiction, the highway is no longer needed for vehicular traffic. Deaiguating any highway as a through highway and requiring that all vehicles observe official traffic control devices before entering or crossing the highway or designating any intersection as a stop intersection and requiring all vehicles to stop at one or more entrances to the intersection. Prohibiting the use of particular highways by certain vehicles, except as otherwise provided by the Public Utilities Commission pursuant to Article 2 (commencing with Section 1031) of Chapter 5 of Part I of Division I of Public Utilities Code. No ordinance which is adopted pursuant to this subdivision after November 10, 1969, shall apply to any state highway which is included in the National System of Interstate and Defense Highways, except an ordinance which has been approved by the California Transportation Commission by a four-fifths vote. d. Closing particular streets during regular school hours for the purpose of conducting automobile driver training progrnm~ in the secondary schools and colleges of this state. Temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. Prohibiting entry to, or exit from, or both, from any street by means of islands, ~,,rbs, traffic barriers, or other roadway design features to implement the circulation element of a general plan adopted pursuant to Article 6 (commencing with Section 65350) of Chapter 3 of Division I of Ti~e 7 of the Government Code. The rules and regulations authorized by this subdivision shall be consistent with the responsibility of local government to provide for the health and safety of its citizens. LOCAL AUTHORITY TO TEMPORARILY CLOSE HIGHWAY: CRIMINAL AL"nvrrf VEHICLE CODE SECTION 21101.4 (a) A local authority may, by ordinance or resolution, adopt rules and regulations for temporarily closing to through traffic a highway under its jurisdiction when all of the following conditions are, after a public hearing, found to exist. The local authority finds and determines that there is serious and continual crlmina] activity in the portion of the highway recommended for temporary closure. This finding and determination shall be based upon the recommendation of the police depa~huent or, in the case · of a highway in an unincorporated area, on the joint recommendation of the sheriffs department and the Department of the California Highway Patrol. 2. The highway has not been designated as a through highway or arterial street. 3. Vehicular or pedestrian traffic on the highway contributes to the criminal activity. The closure will not substantially adversely affect the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial w:.c, les in the area of the highway proposed to be temporarily closed. Co) A highway may be temporarily closed pursuant to subdivision (a) for not more than 18 months, except that period may, pursuant to subdivision (a), be extended for one additional period of not more than 18 months. PUBLIC/TRAFFIC COMMISSION MEETING DECEMBER 7, 1995 Chairman Johnson requested public comments: Isaac Lizarraga, 26875 Ynez Road, co-owner of Rancho Ford, agreed with the parking restriction, however, he requested a delay in implementation to allow Rancho Ford more time to secure additional parking. He requested the restriction be delayed till April 1, 1996. Commissioner Guerriero responded that an April timeline could be extreme because of the potential accident factors existing at this location. Dick Kennedy, 26755 Ynez Road, representative from Norm Reeves Group, spoke in favor of the parking restriction and recommended it become effective immediately. It was moved by Commissioner Guerriero and seconded by Commissioner Coe to accept staff recommendation and restrict parking on Ynez Road between the northerly entrance to the Temecula Town Center and Solana Way. The motion carried as follows: AYES: 4 COMMISSIONERS: Coe, Guerriero, Sander, Johnson NOES: 0 COMMISSIONERS: None ABSENT: 1 COMMISSIONERS: Perry 4. Starliaht Ridae Neiqhborhood Safety - Proaress Reoort Traffic Engineer Lauber presented the proposed "Policy for Closure or Modification of Traffic Flow on Public Streets" for the Commission's review. This policy is being proposed to the City Council on December 12, 1995. The information will be contained in the Council Agenda Report and available to the public. PUBLIC COMMENT Ken Bruckman, 42244 Cosmic Drive, resident of Starlight Ridge, thanked Engineer Lauber for the traffic calming ideas and all his work toward this effort. He expressed concern with the integrated approach and the implementation of these calming ideas. He also spoke in opposition to the proposed traffic signal at the intersection of Cosmic Drive and Rancho California Road. Over 200 residents in the Starlight Ridge homes have signed a petition opposing this traffic signal. Wayne Hall, 42131 Agena Street, applauded the efforts of Engineer Lauber, however, he wanted to reiterate the traffic problems that still exist in Starlight Ridge. He expressed concern that 100% of home owners signatures could not be obtained. Engineer Lauber responded that this would be considered. Commissioner Coe reported that he had driven the Starlight Ridge area and hopes it will be possible to resolve the problems soon. Traffic Engineer Lauber recommended that Agenda Item 7 - Maraarita Road and Cara Way - Minutel. pit. 12/07/95 2 AGENDA REPORT TO: FROM: DATE: SUBJECT: Public/Traffic Safety Cornmi.~sion Many Lauber, Traffic Engineer February 22, 1996 Item 2 Starlight Ridge - Community Traffic Calming Request RECOMMENDATION: For Discussion Only BACKGROUND: On December 14, 1995 the City Council approved the City of Temecula Policy for Closure or Modification of Traffic Flow on Public Streets. This policy sets up the procedure for implementing citizen based requests for traffic calming measures on a neighborhood scale. After approval of the policy, a representative of the Starlight Ridge Home Owners Association (HOA) requested a meeting to discuss viable options which could be implemented on Santa Cecilia Drive and Cosmic Drive. Previous studies have indicated unacceptable speeds and approximate volumes needed to qualify these streets for attention. The initial meeting was held on January 17, 1996 at City Hall. Mr. Don Matson joined Mr. Ken Bruckman to brsin.~torm ideas in order to formulate a project scope. At that meeting two (2) major issues were raised. The first item was their feelings that it was unreasonable for the citizens to finance any alternative. The second item was specific concerns for the size of the effected areas formulated for each of the potential traffic calming techniques. At the conclusion of their concerns, I informed both residents that the current policy requires funding from the proponents of the project and can not be modified without City Council approval. The rest of the meeting was discussion with regard to the scope of alternatives with the associated effected areas being defined. The option chosen was to stripe both roads with two (2) eight feet wide parking lanes, two (2) four foot bike lanes and two (2) ten foot wide through lanes. Because the City does pay for the striping of public streets, both citizens requested that staff look into funding this alternative with City funds. With the proposal defined, staff was requested to produce an associated cost estimate and clearly define the effected area to be peti~oned. Because of a pending HOA meeting set for January 23, 1996, staff agreed to meet on that day to supply the requested information. At the meeting on January 23, 1996, both HOA representatives were informed that residential streets are not normally striped and that applying City funds to this project would not be appropriate and would set a president contrary to our appruved policy. Mr. Don Matson became enraged and stormed out of the meeting. He felt that the proposed striping idea was forced on then and he found that to be unacceptable. I agreed that their proposed project should be exactly what our citizens want and continued discussing options with Mr. Bruckrnan. At the conclusion of that meeting staff requested a formal written proposal to be submitted to ensure that nobody was wasting anyones time on unacceptable proposals. Mr. Bruclcman was invited to discuss his concerns regarding financing improvements with our Commission at the January 25, 1996 meeting. As of February 14, 1996 no letter has been received by the Deparmaent of Public Works regarding proposed t~affic calming measures in the Starlight Ridge neighborhood. Staff will continue to prioritize this neighborhood for both police speed enforcement and radar trailer display unit placement. FISCAL IMPACT: None Attachment: Location Map LOCATION MAp PUBLIC/TRAFFIC COMMISSION The motion carried as follows: FEBRUARY 22.1996 AYES: 5 COMMISSIONERS: Johnson, Guerriero, Coe, Perry, Sander NOES: 0 COMMISSIONERS: None ABSENT: 0 COMMISSIONERS: None Starliqht Ridoe - Community Traffic Colmine Request (Discussion Only) Traffic Engineer Lauber oresented a summary of events and shared a letter from the Starlight Ridge Home; qers' Association. They do not offer to financially assist with the implementation of traffic calming devices and indicated they were upset to be asked. Lieutenant Domenne reported that officers spent 15 hours during the month of February in the Stareight Ridge area and only issued 5 citations for speeding. He also reported the Radar trailer will be located in the neighborhood from 7:00 a.m. - 7:00 p.m. on a continuous basis. Commissioner Perry invited other Commissioners to check on this fnr themselves from 3:00 - 5:00 p.m. He stated that he has been there and doesn't see a problem to the extent that has been described. He also agreed to leave the trailer there *or a longer period of time. Commissioner Sander stated that publicity could be the answer and to publish the speed limit as 25 MPH in residential areas. Engineer Lauber stated he has requested public information videos to educate the citizens of Temecula on speed limits in residential areas. Commissioner Guerriero asked if this could be a legal problem and could the City be challenged in court. Engineer Lauber responded that this could not be challenged. Commissioner Johnson stated that he has also visited the neighborhood and did not see a problem with excessive speeds. 3. Bedford Court - Request for Traffic Sianal Chairman Coe opened the Public Comment at 7:30 PM. Cynthia Arocha, 44535 Bedford Court, spoke to express support and pleasure with the proposal being submitted for the signal at Bedford Court and HWY 79S. She thanked the Public Works Department and the Commission. John Moramorco, P.O. Box 906, Temecula, spoke to commend the Commission for the fine job they have been ~oing. Minutes .ptc.02\22\96 2 APPROVAT~ ITY ATTORNEY C FINANCE OFFI CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council City Clerk ~ March 26, 1996 Community Services Commission Appointment RECOMMENDATION: Appoint a member to serve an unexpired term on the Community Services Commission, through October, 10, 1997. BACKGROUND: The appointment of Community Services Commissioner, Rich Soltysiak to the Planning Commission last month has left a vacant position on the Community Services Commission. This position was appointed for a term to expire October, 10, 1997. All applications received were forwarded to the subcommittee composed of Councilmember Stone and Community Services President Roberts for their review and recommendation. Both Councilmembers recommend the appointment of Thomas W. Edwards to serve for the remainder of the vacant term. Attached are copies of the applications which were received by the filing deadline of September 27, 1995. ATTACHMENTS: Copies of Applications for Appointment APpLICATION;F~)~I~APPO NTMENTTO BOARDS, COMMH | ~ AND:COMMIS ..... , I BOARD, COMMh I hJ:: OR COMMISSION ON WHICH YOU WISH TO SERVE: Thomas W. Edwards NAME: YEARS RESIDENT +O~e TEMECULA ADDRESS: 43675 El Faro Place 5 ars 699-2332 HOME PHONE: 695-3006 WORK PHONE: OCCUPATION: Senior Technical Advisor, Director Asia-Pacific Operations EMPLOYER/ADDRESS: Opto ZZ, 43044 Business Park Ddve, Temecula 92590 EDUCATIONAL BACKGRQUNDIDEGREES: t 980 Juds Doctor Western States University, College of Law, Fullerton CA 1974 Bachelor of Science, Electronic Engineering Technology Weber State University, Ogden, Utah LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON -5~, 1996 ' ~ard Hem~, 1995-1996 -Nm~, Foundin9 ~d of Dir~om, 1995 ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper I understand that any or all information on this form may be verffied. I consent to the release of this information for p,ubjicity purl:ioses, 2/formm/COM-OO1 CITY OF TEMECULA ~ APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COM BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: GREG ALAN MORRZSON YF/R~;;;IDENT OF TEMECULA ADDRESS: 31117 TECUMSEH COURT TEM. 92592 909-693-9570 HOME PHONE: 909-693-0266 WORK PHONE: OCCUPATION: FIELD REPRESENTATIVE FOR STATE SENATOR RAYMOND N. HAYNES EMPLOYER/ADDRESS:43180 BUSINESS PARK DRIVE, SUITE 101 TEMECULA 92590 EDUCATIONALBACKGROUND;DEGREES:BACHELOR OF ARTS IN POLITICAL ~MPHASIS ON AMERICAN GOV'T SCIENCE LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: NONE ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): ASSOCIATE MEMBER AMERICAN ASSOC. OF POLITICAL CONSULTANTS CALIF. REPUBLICAN ASSEMBLY TEM/MURR. CHPTR &BORD MEMBER BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC IUse additional paper ~ necesSan/): SEE ATTACHMENT I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. : ~pi~)pilcatlone wl']l be kept on file for consideration of future vacancies. Return t~1~4 ~usf~ess Park DrNe Temecula ~A 9~390 (714) 694 19;9 2/forms/COM-OO1 I~e2~; Frktay, Ma~tSS6 12:33.'16Pli Msr~h ~, 1996 Supplanan to applioafion for appo;,tn,mt to boards, ecanmiUe~a ~nd why you ~sh to sc'r~t on this board or cxeugls4~n, and why you bel~,e you are qaailfw4t for rite po~itlat~ I have liv~d in southern California my ~tlre life. 1 ~w up in ~ (:~ of ~n Ma~ N~h San Die~ C~y. I ~ ~ S~ ~ ~w ~ a -~-~1 ~ ~ ~ ~ ~y ~ CO, ,,fi~'dn~, ~t in ~ ~ ~ve ~ much to ~. Y~ I n~ had ~ ~n~ to give an~hin8 ~ I k~v¢ ~ ~ ~o~ m T~ for ~ ~t two y~. My w~¢ ~d I ~g s~ ~ family and d~&d lo mak0 'l'~e~la ~r ~m ~. I w~ld I~ to ha~ ~he ~niW ~o ~b~ w~g ~ ~a ou~g ~mm~ty. By the mdurc of my i.qwe~ as a StaLg Field Rs,,'prgsmlafive, I b~ve I m ~y q,,-1;!;,~l ~ ~¢ on ~io~ ~ w~ ~ ~ ~vi~ ~ ~ ~C, it ~ th~ ~ ~ ~ ~ a~ inf~ti~. [ ~d a ~ ~al ~time w~in8 in T~ ~ I ~ ~w wi~ ~ ~tjodty ~'~ ~ ~b~ ~1~ Had ol'pv~t for ~ ~ g y~, I f~l ~ ~upi~ ~t my ~1~ of {u{ ~n~ izes ~{l ~{y add to the al~a~ ~ty ~io~ C~om '.. MI CITY OF TEMECULA .' APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND C ::.:!!::~::i::ii!:~!ii!ii:ii:i2i:1::::i::i::i:::!~iiii::~::i!ii!~!i~!~;!i~i~i~: .......::: :': ~:;i: i :~: ' !?: :!!: : 4: ~ ::': ':~!~i!i~!i::!iii;!!:i:: BOARD, COMMITTEE OR COM SSION ON WHICH YOU WISH TO SERVE: "--, NAME: ~ ~C'uL, ~. ~ C~.,,P,J~,~T'O'~f",~ q YEARS RESIDENT OF TEMECULA ADDRESS: ~ q "'1 "'1 ~ ~ ""'~OLX',_%'~"O,~,'~ HOME PHONE: WORK PHONE: EMPLOYER/ADDRESS: EDUCATIONAL BACKGr~RNDIDEGREES: " LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: f( .~ - ~ L ~_~eo~-z~-~ f2-2~-~, /~_~-~ot, <=,~cero~-- ~,~ CO~C~L ORGANIZATIONS TO WHICH YOU BELONG. (Professional. techmcal. commune, seduce). BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELI~E YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use add~ional pa~er ~ necessa~): P~ ' SE NOTE: Applicmions wgl ~e kept on fde for consideration of ~re vacancies. Ream to: C~ Clerk's Office, ~174 Bus~ess Park Drive, Temecula, CA 9~90 (714) 694-1989 2/forms/COM-O01 CITY OF TEMECULA ~~..~. BOARDS, COMMITTEES AND C ,' APPLICATION FOR APPOINTMENT TO ,-,,, ," I~: ';?i;~:: i:~:: :: :;: ~2ii E:~i~!::i:!!i:!QualificatiOi~Re~nt:'.':~:Resident!~:iff!:!the!City: Of':Temeci',la~!~ ~ COMMUNITY SERVICE COMMISSION '-,, BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: NAME: MICHAEL WILLIAM AUGUSTINE 6 "~ YEARS RESIDENT OF TEMECULA ADDRESS: 29919 MIRA LOMA DR. ~ 47 694-5652 HOME PHONE: SECURITY GUARD OCCUPATION: 302 S. MILLIKEN AVE. STE. F ONTARIO, EMPLOYER/ADDRESS: HIGH SCHOOL EQUIVALENCY DIPLOMA EDUCATIONAL BACKGROUND/DEGREES: 909-605-5718 WORK PHONE: CA 91761 NONE LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: PRESIDENT OF TEMECULA MIDDLE SCHOOL PARENT TEACHER ASSOC. (PTA) ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper if necessary): I LIKE TO PUT MY SPARE TIME TO THE BEST POSSIBLE USE AND BY SERVING OUR COMMUNITY, I FEEL THAT IS TIME WELL SPENT. MY EXPERIENCE AS AN OFFICER AND MEMBER OF THE PTA HAS TAUGHT ME TO WORK TOGETHER WITH OTHERS FOR THE BENEFIT OF THE COMMUNITY. I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. PLEASE NOTE: Applicati~ on file for consideration of future vacancies. Return to: City Clerk's Office, 43174 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/formslCOM-O01 CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES CO ISS]ONS' AND MM BOARD, COMMI~EE OR ~MMISSION ON WHICH YOU WISH TO SERVE: Y~RS RESIDE~ OF TEMECU~ ADDRESS: ~7~D7 HOME PHONE: OCCUPATION: EDUCATIONAL BACKGROUND/DEGREES://~6.10 ~ ~ ivy ~, ~1 S~n~. I WORK PHONE: +~,n~ ~ p~.,~] '7/4 Cn 9aL, Tz,, LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: (Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC IUse additional paper q'L[, /Oral ~,py,.v.~,~n,4,,2 j~r,~c~ ~R,,~. c~n~r¢'4c'd ,n h-,r-,..'~4-~,~ ~ I understand that any or all information on this form may be verified. I consent to the release of this information for publicity purposes. 9,.NAT..E:, ..C¢-- DATE: al, l e PLEASE NOTE: Applications will be kept on file for consideration of future vacancies. Return to: City Clerk's Office, 43174 Business Park Drive, Temecula, CA 92390 (714) 694-1989 2/forms/COM-O01 CITY OF TEMECULA L7~ APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND ~I :::' ;~ :'i::i!:'i!!i:!ii~ :i i!;'; ~ :i ~ii~:V!i~iii!;: ::~i:~jli~-atiOn::'Re~ir~ment::!~::!ReSident!::~!~tfl~:CitY~:Of!ETemeCbl~:i:!~!/' BOARD, COMMITTEE OR COMMISSION ON WHICH YOU WISH TO SERVE: ' ':"~'~ YEARS RESIDENT AOD.ESS: '//5'/~?/ /_z,,~..~/e_. 2u"~_d2~ OF TEMECULA HOME PHONE: WORK PHONE: CO PI FRb ~T'5 riled6 ~n T~ ~//-90P~ /m'/5 OCCUPATIOfi: EDUCATIONAL BACKGROUND/DEGREES: /77, 6,,.4, ,/SUJ/,yr',s's m-,D/A //KI5 T,'C,'~T/.~ n/ ,d~', S. E~ dC_/~ T'I d /V/ Cxtz]SS'['c ~' UST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, C~MITTE ~R COM'qMISSIO~)~/ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE{_/Yof~'~ 'P'cf''''o"''' '''""'c'='/omm'n''' ''"''c''` BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY ~e~,~n , ~' ~;~ e~,'/abe,~ in ~n~ F~ , ~,'v~ tats I underitand ~ any or all info~ation on ~is form may be ver~ied. I consent to information for public~ pureDies. . ......,... CITY OF TEMECULA APPLICATION FOR APPOINTMENT TO BOARDS, COMMITTEES AND COMMISSIO~'C~,~,. C O~,~ r,~ u ,q j T '/ ~ f ~ U t C f -~ BOARD, COMMI~EE OR COMMISSION ON WHICH YOU WISH TO SERVE: ADDRESS: F~g.~E PHONE: , OCCUPATION: EMPLOYER/ADDRESS: /~/q/Z:H,,~' ~ OfZtO~ EDUCATIONAL BACKGROUND/DEGREES: YEARS RESIDENT ~ OF TEMECULA C/, C -/o W~RK 7,~ F- LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: ORGANIZATIONS TO WHICH YOU BELONG: {Professional, technical, community, service): BRIEFLY STATE WHY YOU WISH TO SERVE ON THIS BOARD OR COMMISSION, AND WHY YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC (Use additional paper ~ n_ecessand: f4~,E,Ar,t ~t'~' ATTAcHeD. ,d:,,,::; ::,,,,..;:.o, ,,,,C::.,,,o, o. SIGNATURE: PLEASE NOTE: Apphc ns will be kept on file for consideration of future vacancies. Return to City Clerk s Off ce 43 Park Drive Temecula CA 92390 (714) 694-1989 2/forms/COM-001 MY REASONS FOR WANTING TO SERVE ON THIS COMMISSION I WANT TO SERVE ON THIS COMMISSION, IN ORDER TO PARTICIPATE IN THE FORMULATION OF TEMECULA'S FUTURE PARK AND RECREATIONAL PLANS. I FEEL THAT CREATING AND pRESERVING, NATURAL AREAS OF BEAUTY FOR ALL TO ENJOY, IS ONE OF THE MOST IMPORTANT OBLIGATIONS IN ESTABLISHING THIS CITY AS A PREMIER PLACE TO LIVE. I BELIEVE THAT BY INSURING THAT SPACE IS PROVIDED FOR ALL TYPES OF RECREATIONAL ACTIVITY, WE WILL HELP PRESERVE AND INCREASE TEMECULA'S QUALITY OF LIFE. I AM A NATIVE CALIFORNIAN, AND HAVE BEEN EMPLOYED BY THE DEPARTMENT OF DEFENSE FOR THE PAST 25 YEARS. I HAVE ALWAYS WORKED IN THE MAINTENANCE AND CONSTRUCTION ARENA, AND I AM CURRENTLY THE MAINTENANCE AND CONTROL DIRECTOR FOR THE FACILITIES MAINTENANCE DEPARTMENT AT CAMP PENDLETON. I CAN HANDLE DIFFICULT CUSTOMERS, SOLVE WORKLOAD AND PEOPLE PROBLEMS, AND IWI GOOD WITH DETAILS. EARLIER IN MY ADULT LIFE, I FOUND MYSELF TOO BUSY RAISING MY FAMILY AND PURSUING MY CAREER GOALS, TO HAVE THE TIME TO ACTIVELY PARTICIPATE IN LOCAL EVENTS. NOW, EVEN THOUGH I AM ONLY 45, MY CHILDREN ARE GROWN AND STARTING FAMILIES OF THEIR OWN, AND I NOW HAVE THE TIME TO TRY AND GIVE SOMETHING BACK TO THE COMMUNITY. OVER THE YEARS, I HAVE SEEN BOTH THE STATE AND LOCAL COMMUNITIES DO THINGS RIGHT, AND UNFORTUNATELY, DO THINGS WRONG. I WOULD LIKE THE OPPORTUNITY TO HELP OUR COMMUNITY DO THINGS RIGHT! WE NEED TO THINGS RIGHT, NOT ONLY FOR ME, BUT FOR ALL OUR RESIDENTS, AND ESPECIALLY OUR CHILDREN AND GRANDCHILDREN. DENNIS MATT~I~~~ MARINE CORPS BASE CAMP PENDLETON Dennis Mattiuzzi Maintenance Control Director Facilities Maint. Dept. MCB Bldg. 2296 Camp Pendleton, CA 92055-5000 Cornre. (619) 725-4514 DSN 365-4514 Fax (619) 725-4789 EDUCATIONAL BACKGROUND/DEGREES: LIST ANY RIVERSIDE COUNTY OR OTHER CITY BOARD, COMMITTEE OR COMMISSION ON WHICH YOU HAVE SERVED AND THE YEAR OF SERVICE: YOU BELIEVE YOU ARE QUALIFIED FOR THE POSITION. BE SPECIFIC IUse additional paper if necessary): I understand that any or all information on this form may be verified. I consent to the release of this ""'" 5i, .q for pubhcity purposes SIGNATURE~ DATE: ppli io n file for consideration o Jre vacancies. Retum to: City Clerk's Office, 431 ~}t~sinesa Park Drive, Temecula, CA 92390 (714) 694-1989 2~orrns/COM~01 ITEM 22 APPROVAL CITY ATTORNEY FINANCE DIREC CITY MANAGEI~ TO.' FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City Council Peter Labahn, Chief of Police March 26, 1996 Amending Portions of Ordinance No. 91-16 and Chapter 10.24 of the Municipal Code Pertaining to Excessive Acceleration RECOMMENDATION: 1. Introduce and read by title only an Ordinance entitled: ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF TEMECULA AMENDING SECTION 10.24.080 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO EXCESSIVE ACCELERATION BACKGROUND: The Police Department wishes to correct an omission in the current Ordinance and Chapter regarding excessive acceleration. The current Ordinance limits enforcement to rear wheel drive vehicles only. The amendment would permit enforcement of this Ordinance when dealing with violators' vehicles of rear drive, front drive or four wheel drive configuration. ATTACHMENTS: Ordinance JSG ORDINANCE NO. 96- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMRNDING SECTION 10.24.080 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO EXCESSIVE ACCELERATION THE FOLLOWING COUNCIL FOR THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. FAMiag~ The City Council for the City of Temecula hereby finds the following: A. That there is a need to amend Section 10.24.080 dealing with excessive acceleration. B. The Police Department has stopped numerous vehicles in the city regarding excessive acceleration from the front-wheel drive axle whereby the front-wheel drive axle was causing frictional rubber marks caused by rapid acceleration. C. The current City Ordinance only covers vehicles with rear-wheel drive axle. Section 2. Section 10.24.080 of the Temecula Municipal Code is hereby mended to read: "No person shall operate a vehicle on a street or valley in such a manner as to facilitate its speed by means of leaving rear and/or front wheel frictional rubber marks, caused by rapid acceleration." Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified coy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED AND ADOPTED this 261h day of March, 1996. ATIEST: Karel F. Lindemans, Mayor June S. Greek, City Clerk, CMC Ord8 68 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, DO HERFRy CERTIFY that the foregoing Ordinance No. 96- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of March, 1996 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 9th of April, 1996, by the following vote: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: June S. Greek, City Clerk, CMC Ords 68 DEPARTMENTAL REPORTS TO: FROM: DATE: SUBJECT: APPROVAL: CITY ATTORNEY CITY OF TEMECULA AGENDA REPORT City Council/City Manager Anthony Elmo, Chief Building Official March 26, 1996 Building and Safety February 1996, Activity Report RECOMMENDATION: Receive and file. DISCUSSION: The following is a summary of activity for January, 1996. Building Permits Issued ...................................... 78 Building Valuation .................................... ~7,681,977 Revenue Collected ..................................... $68,879 Housing Starts ............................................ 62 New Commercial Starts ....................................... 0 Commercial Additions/Alterations .................... 6 = 14,479 Sq. Ft. Building Inspections ...................................... 1,935 Valuation FY Year-to-Date .............................. 76,015,076 Code Enforcement Actions ................................... 819 Active Cases Pending ....................................... 46 Closed Cases ............................................ 25 APPROVAL CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT City Manager/City~ncil Debbie Ubnosk~,Planning Manager March 26, 1996 Monthly Report RECOMMENDATION: Receive and File Discussion: The following is a summary of the Community Development Department's Planning Division caseload and project activity for the month of February 1996: Caseload Activity: The DeDartment received ten (10) applications for administrative cases and nine (9) applications for public hearing cases for the month of February. The following are the public hearing cases: Change of Zone Minor Conditional Use PM Plot Plan Subject to CEQA Revised Permit w/hearing Specific Plan Land Use 2 1 2 3 1 TOTAL 9 Ongoing Projects: Old Town Streetscape Improvement Project: The Sixth Street Parking Lot Master Plan. Webb & Associates will be designing the offsite improvements and standards for the related components of the project. These will be used as design standards for off-site improvement in Old Town, along with the Old Town Streetscalve Standards and was approved by the City Council at the March 12, 1996 meeting. Murdv Ranch SPecific Plan and Environmental Impact RePort: The draft Specific Plan and draft EIR have been submitted. Staff will conduct a review and provide comments to the applicant. Johnson Ranch Specific' Plan: Staff has requested the applicant to withdraw their application from the City. RoriDauoh Ranch Specific Plan: The Planning Commission held a public workshop on September 11, 1995 and directed the applicant to reduce the density and the total number of units as well as to be more sensitive to the surrounding land use by increasing the buffer area and providing a transition of lot sizes. The Commission provided additional direction to the applicant. No future hearing date has been established. Temecula Shuttle: Located along Front Street v ~hin the 6th Street public parking lot, this project includes construction of a 1860 sc ~ foot building, 4 bus spaces and public seating areas within landscaped areas. This project was approved at the February 22, 1996 Director's Hearing. School troDact Mitioation Plan: DMG & Associates have completed their evaluation of the School District Mitigation Plan. Staff has prepared a school facility impact model to help assess the need for and cost of additional school facilities. Annexation Guidelines: The Planning Commission approved the Guidelines at their March 18, 1996 meeting. It will be scheduled for the City Council's consideration in April. Sion Ordinance: The sign committee members were appointed by the City Council in March. The first two meetings are being set-up for the beginning and end of April. Attachment: 1. Revenue and Status Report- Page 3 ATTACHMENT NO. 1 REVENUE STATUS REPORT REVPRIN2 03/04/96 001 161 ACCOUNT # 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 11:30:37 GENERAL FUND PLANNING DESCRIPTION AMENDED FINAL NAP APPEALS CERT. OF LAND DIV. COMPLIANCE EXTENSION OF TIME SINGLE FAMILY TRACTS MULTI-FAMILY TRACTS PARCEL MAPS LOT LINE ADJUSTMENT MINOR CHANGE PARCEL MERGER (2-4 LOTS) RECORDABLE SUBDIVISION MAPS REVERSION TO ACREAGE (5+LOTS) SPECIAL SERVICE LETTER SECOND UNIT PERMITS CHANGE OF ZONE CONDITIONAL USE PERMIT CONSISTENCY CHECKS GENERAL PLAN AMENDMENT PLOT PLAN PUBLIC USE PERMIT REVISED PERMIT SETBACK ADJUSTMENT SPECIFIC PLAN SUBSTANTIAL CONFORMANCE TEMORARY OUTDOOR EVENT TEMPORARY USE PERMIT VARIANCE ZONING INFORMATION LETTER CEQA (INITIAL STUDIES) CEQA ENVIROMENT IMPACT REPORT DEVELOPMENT AGREEMENT GEOLOGY CEQA GEOLOGY ORD. 547 APZ LAFCO PARCEL MAP/WAIVER MERGER AMENDED FINAL TRACT/PAR. MAP CERTIFICATE OF CORRECTION CONDO TRACT MAP REVERSION TO ACREAGE LOT REVISION AFTER CHECK LOT LINE ADJUST. PLAN CHECK CERT. OF CORRECT. PLAN CHECK CERT. OF COMPLIANCE PLAN CHECK COND. CERT. OF COMPL. PLN. CK. CERT. OF PAR. MERGER PLAN CK CITY OF TEMECULA REVENUE STATUS REPORT FEBRUARY 1996 ADJUSTED ESTIMATE .00 325.00 800.00 6,000.00 6,850.00 5,332.00 8,996.00 1,380.00 940.00 1,000.00 .00 392.00 .00 520.00 13,256.00 29,248.00 4,440.00 4,827.00 57,190.00 10,765.00 6,446.00 1,250.00 9,254.00 1,715.00 2,548.00 .00 1,142.00 .00 .00 6,202.00 4,000.00 .00 .00 .00 .00 .00 .00 .00 .00 784.00 .00 .00 .00 .00 .00 .00 FEBRUARY REVENUE .00 .00 .00 268.00 .00 .00 .00 460.00 .00 .00 .00 .00 .00 .00 5,492.00 590.00 .00 .00 3,846.00 .00 273.00 250.00 590.00 185.00 .O0 .O0 .00 .00 1,151.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1995-96 REVENUE .00 325,00 400.00 2,832.00 6,853.00 .00 2,616.00 1,840.00 918.00 .00 .00 .00 .00 .00 10,98Z~.00 5,732.00 .00 8,415.00 20,897.00 8,004.00 3,725.00 500.00 590.00 3,838.30 627.00 .00 571.00 .O0 8,890.65 6,202.00 8,000.00 .00 .00 .00 .00 500.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 PAGE 1 BALANCE % COL .00 .00 100.0 400.00 50.0 3,168.00 47.2 3.00' 100.0 5,332.00 0.0 6,380.00 29.1 460.00- 133.3 22.00 97.7 1,000.00 0.0 .00 392.00 0.0 .00 520.00 0.0 2,272.00 82,9 23,516.00 19.6 4,440.00 0.0 3,588.00' 174.3 36,293.00 36.5 2,761.00 74,4 2,721.00 r' . 750.00 8,664.00 ~.~ 2,123.30' 223.8 1,921.00 24,6 .00 571.00 50.0 .O0 8,890.65- *** .00 100.0 4,000.00- 200.0 .00 .00 .00 .00 500.00- *** .00 .00 .00 784.00 0.0 .00 .00 .00 .00 .00 .00 REVPRIN2 07 uul 161 ACCOUNT # 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4169 4170 4175 4180 4200 4206 4226 4260 4261 4" 11:30:37 GENERAL FUND PLANNING DESCRIPTION VACATIONS PLAN CK DOCUMENT PROCESSING CONDEMNATION PLAN CHECK REVERSION TO ACRE. PLAN CHECK PARCEL MAP PLAN CHECK TRACT HAP PLAN CHECK AMENDED MAP PLAN CHECK 4TH & SUBS. SUBMITTALS FEMA STUDY REVIEW LOMA REVIEW DRAINAGE STUDY REVIEW IMPROVE INSPECTION ON'SITE K-RAT STUDY FEES FAST TRACK PLANNING FORHA FAST TRACK IN HOUSE PLAN CHECKS ANNEXATION FEES TEHPORARY USE PERHIT ACCESSORY WIND ENERGY LARGE FAMILY DAY CARE HAZARDOUS WASTE FACILITY LAND DIV UNIT MAP LANDSCAPE PLAN CHECN CiTY OF TEMECULA REVENUE STATUS REPORT FEBRUARY 1996 ADJUSTED ESTIMATE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,480.00 .00 .00 10,045.00 710.00 .00 .00 .00 .00 748.00 .00 FEBRUARY REVENUE .00 .00 .00 .00 ,00 .00 .00 .00 .00 .00 .00 .00 .00 .00 ,00 1,020.00 .00 .00 .00 .00 .00 .00 1,400.00 1995-96 REVENUE .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 6,190.00 .00 .00 .00 .00 .00 187.00 11,162.50 BALANCE .00 .00 .00 .00 ,00 .00 .00 .00 .00 ,00 .00 .00 1,480.00 .00 .00 3,855.00 710.00 .00 .00 .00 .00 561.00 11,162.50- PAGE 2 % COL 0.0 61.6 0,0 25.0 PLANNING 198,585.00 15,525.00 120,799.45 77,785.55 60.8 TO: FROM: DATE: SUBJECT: CITY MANAGE'~.C~. CITY OF TEMECULA AGENDA REPORT City Council/City Manager Joseph Kicak, Director of Public Works/City Engineer March 26, 1996 Public Works Monthly Activity Report RECOMMENDATION: Attached for City Council's review and filing is the Department of Public Works' Monthly Activity Reports for February, 1996. r:~agdzpt\moactrpt/ajp CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report Date: March 26, 1996 I. WORK UNDER CONSTRUCTION: 1. I-15/Winchester Road Interchanae Modifications: The contractor began construction on February 12, 1996 and has completely cleared the site. The contractor is in the process of delivering and compacting the soil for the northbound loop on-ramp and relocating the existing drainage channel adjacent to Palm Plaza. The contractor is scheduled to begin bridge falsework construction immediately after the placement of concrete barrier rail along the sidewalk on the south side of the bridge. The project provides for the widening of the Winchester Road Bridge over the I-15 freeway, the widening of the Santa Gertrudis Creek Bridge, and the construction of a new northbound loop ramp. 2. Soorts Park ParkinQ and Skate Board Park: Concrete placement for the upper and lower skateboard bowls has been completed. The contractor expects to complete the restroom building and landscaping during the next two weeks. The parking lot has been completed and the contractor is working on the irrigation system. The remainder of the pad< improvements are scheduled to be completed by the middle of April, 1996. The park will be opened for public use after the 90-day maintenance period. 3. Fire Station #84: The contractor has completed the rough grading for the building site. Barring further delays due to the rains, the contractor expects to start placing concrete for the building foundation the second week of March. The project is scheduled to be completed by December, 1996. This project includes, new sewers, road improvements on Pauba Road between the new church site and Margarita Road, construction of the new fire station and landscaping. 4. Sam Hicks Monument Park Imorovement Project: Construction began on the February 20, 1996 and is scheduled to be completed by September of 1996. The contractor has cleared the site and has completed the grading operation. Work has started on the restroom building including installation of the underground piping and conduits. The contractor expects to place concrete for the foundation within the next couple of weel~s barring any rain delays. The pw04%moactrpt%cip~96\mar.mar 031296 Monthly Activity Report March 26, 1996 Page 2 improvements include the construction of a 950 square foot concession stand and restroom facility, asphalt parking lot, landscaping and irrigation improvements, and assorted park site amenities. 5. Pavement Management System City Council has awarded the project and a pre-construction meeting will take place on March 19, 1996. The project plans and specifications are proposing two (2) types of pavement rehabilitation which include asphalt overlay with a stress relief membrane (geotextile fabric), and the removal and reconstruction of the existing asphalt pavement. There are seven (7) roadways to be rehabilitated, four (4) are arterial, which includes portions of Margarita Road, Pala Road, Rancho California Road and Ynez Road, and three (3) are secondary streets at various locations throughout the City. Work is scheduled to begin the first week of April, 1996. 6. Walcott Corridor: The City is in the process of acquiring right-of-way at the intersection of Nicolas Road and Calle Giraslo and accepting the offers of dedication throughout the project for public street and utility purposes. An appraisal has been completed and is being reviewed by the City Attorney's office. The project will provide for the realignment of an underground waterline and a paved road surface on Nicolas Road, Calle Giraslo, Calle Chapos, Waicott Lane and La Serena Way. 7. Diaz Traffic Siqnal Controller Modification & Siqnal Timing oft Rancho Cal. Road To reduce congestion on Rancho California Road during the Winchester/I-15 Interchange Modifications, the City retained the services of a consulting firm to improve signal timing on Rancho California Road between Diaz Road & Hope Way. The controller at Rancho California Road & Diaz has been upgraded by replacing the existing controller with a type 170, which is compatible with the Caltrans signals at the freeway interchange. The project is complete and the new timing plan has been implemented for all the signals from Diaz Road to Hope Way including the two signals on Ynez Road. pwO4\moactrpt\cip~96\mar.mar 031298 Monthly Activity Report March 26, 1996 Page 3 8. Traffic Sional at Route 79S and Margarita Road/Redhawk Parkway The City Council awarded the project to DBX Inc. on March 12, 1996. A complete 4-way traffic signal will be installed as part of the project as well as the removal of the median island on the south leg of the intersection to provide for a dual north bound left turn pocket. The agreement between the County of Riverside and the City for the costs of the design and construction has been executed by the County. Construction will begin following the installation of the underground storm drain in the intersection proposed by the County Assessment District (AD 159) Project which is scheduled for June. 9. Interim Traffic Sianal at Route 79S and Pala Road A contract was awarded to Peek Traffic Inc. on March 12, 1996. This project will install a 3-way interim traffic signal at Route 79S and Pala Road. The ultimate improvements will be constructed when the new Pala Road Bridge is constructed and the highway is widened. A pre-construction meeting will be scheduled for mid-April. 10. Barrier Rail on Front St. at Emoire Creek Caltrans has authorized the City to proceed with a pre-construction meeting which should take place by the end of March. This project will be Federally funded under the Highway Bridge Replacement and Rehabilitation Program (HBRR). This project is designed to install a barrier rail on each side of Front Street at Empire Creek so that vehicles that deviate from the roadway will not enter the channel. II. OUT TO BID 1. Rancho California/Santa Cecilia Sidewalk Project No. 5 City Council has authorized the Department of Public Works to solicit public construction bids for the project. The project should be out to bid by the week of March 18. This project will provide new sidewalk on the north side of Santa Cecilia Drive between Mira Loma Drive and Cosmic Drive and on the north side of Rancho California Road between Lyndie Lane and the existing sidewalk at Rancho California Plaza shopping center. pwO4\moactrpt\cip\96~rnar.mar 031296 Monthly Activity Report March 26, 1996 Page ~ II1. WORK IN DESIGN 1.1-15/Rancho California Road Interchange Modifications: This project provides for the widening of the Rancho California Road bridge over the I-15 freeway and construction of a northbound loop on-ramp. Utility relocations ar~ being coordinated with Southern California Gas Company and Rancho California Wate~ District. The County of Riverside is appraising two parcels that are required for the construction of the northbound exit ramp. The City will return plan check comments to the consultant by the week of March 25, 1996 for final revision and submittal to Caltrans. 2. I-15/Overland Drive Overcrossinq Imorovements: The revised geotechnical report was c.~pleted on January 9, 1996 and the consultant is revising the roadway and structural plans to submit to Caltrans the wee~ of March 18, 1996. The consultant will revise the structural plans when they receive the electrical relocation sheets for the 12 KV and 33 KV power lines. SCE is currently trying to find a route for the relocation of the 115 KV power lines. 3. CiW Wide Intelligent Traffic Mar':~gement System |ITMS) The consultant currently is collecting data and working on a presentation of the proposed improvements as well as options to the City during the week of March 18, 1996. This project will interconnect all major arterials and will coordingte traffic signals along the major corridors in the city. This project has been funded by Congestion Mitigation and Air Quality (CMAQ) funds which is a federal funding source and is administered by Caltrans. 4. Interim Traffic Signal at Route 79S and La Paz Street Final plans & specifications have been approved by Caltrans and an encroachment permit is being finalized. A 4-way interim Traffic signal will be installed as part of the project at the intersection of Route 79S and La Paz St. The ultimate signal and striping improvements will be constructed when the highway is widened. 5. Traffic Sk)nal at MarQarita Road and Rustic Glen Drive A consulting firm has been selected to design a traffic signal at the intersection of pwO4~moactrpt\cip~96~mar.mar 031296 Monthly Activity Report March 26, 1996 Page 5 Margarita Road and Rustic Glen Drive. The County Assessment District 161 Project is proposing to widen Winchester Road from Murrieta Hot Springs Road to Margarita Road. The street widening project will be detouring traffic from Winchester Road onto Margarita Road. This project will provide a traffic signal for the residents in the area bounded by Margarita Road, Santa Gertrudis, and Winchester Road. The traffic signal is expected to be in place before the traffic is detoured. 6. Emergency Generator: The project includes installing an emergency generator at the Community Recreation Center to provide power for emergency operations. The final location of the generator was changed to allow better delivery and public access to the gym entrance. The new location will be in an area west of the gym along the south side of the parking lot. The engineer has completed the necessary changes and staff is presently conducting final plan review. Staff anticipates requesting authorization to solicit public construction bids from the Council in April. 7. Snorts Park Creek Restoration The plans and specifications were submitted for final review on March 8, 1996. Advertisement for bids is anticipated to begin the third week of March. The project includes the installation of landscaping and gabion slope protection along the channel slopes to mitigate erosion. A concrete walkway along the north side of the channel is proposed as a contract alternate. pwO4%moectq}t\cip%98%mar.mar 031296 LAND DEVELOPMENT Monthly Activity Report Special Projects FEBRUARY 1996 Prepared by: e Date: March 13, 1996 1. PW93-09 - Parkview Site: The Record of Survey for the exchanged property and the vacation/dedication of Pauba Road right-of-way are currently being prepared and processed. 2. PW95-07 - Phase I Western Bypass Corridor: The street improvements and storm drain plans of Western Bypass Corridor from the bridge to Vincent Moraga Drive and the improvement plans of Vincent Moraga Drive extension have been reviewed by the City and Riverside County Flood Control and Water Conservation District (RCFC&WCD). The Consultant will comply with the comments and finalize the plans. Revisions to the flood study analysis on Murrieta Creek from its confluence at Temecula Creek upstream to Rancho California Road as requested by RCFC&WCD have been completed and submitted to that agency for review. The right of way dedication documents for Western Bypass Corridor and Vincent Moraga Drive extension have been prepared are being reviewed. 3. PW95-08 - First Street Extension: RCFC&WCD's consent on the hydrologic and hydraulic analyses of Murrieta Creek should be obtained in March in order for us to proceed with completion of the First Street bridge and street improvement plans. The right of way dedication documents for First Street are being prepared. 4. RFP #38 - 6th Street Parking Project: The Master Plan will be presented before the Redevelopment Agency in the first meeting in March for approval. The plans and specifications will then be completed and the project will be advertised for bid in April. r:~moact~t~devX96~Fe, bruary -r- I-- Z 0 FROM: DATE: SUBJECT: MEMORANDUM Joseph Kicak, Director of Public Works/City Engineer G)q~Brad Buron, Maintenance Superintendent March 4, 1996 Monthly Activity Report - February, 1996 The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of February, 1996: II. III. IV. Vm VI. VII. SIGNS A. Total signs replaced B. Total signs installed C. Total signs repaired TREES A. Total trees trimmed for sight distance and street sweeping concerns POTHOLES A. Total square feet of potholes repaired CATCH BASINS A. Total catch basins cleaned RIGHT-OF-WAY WEED ABATEMENT A. Total square footage for right-of-way abatement GRAFFITI REMOVAL A. Total locations B. Total S.F. STENCILING A. 37 new and repainted legends B. 0 L.F. of red curb new and repainted C. 0 S.F. of sandblasting/grinding 7 18 2 104 151 144 0 31 7,780 r:\roads\actrpt\96\02 jle MONTHLY ACTIVITY REPORT - February 1996 Page No, 2 Also, City Maintenance staff responded to 26 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter remova' and catch basin cleanings. This is compared to 33 service order requests fn~ the month of January, 1996. The Maintenance Crew has also put in 95 hours of overtime which includes st?ndby time, special events and response to street emergencies. I.P.S. STRIPING AND STENCILING COMPANY has cc~-qoleted the followinQ: · 0 L.F. of new and repainted striping · 0 L.F. of sand blasting The total cost for I.P.S. striping services was $0 compared to ~44,989.76 for January, 1996. PESTMASTER SERVICES has completed the followinQ: · 873,003 S.F. of right-of-way weed control, total cost ~10,126.83 compared to $0.00 for January, 1996, The total cost for Street Maintenance performed by Contractors for the month of February, 1996 was ~28,911.83 compared to ~66,047.76 for the month of January, 1996. Account No. 5402 Account No. 5401 Account No. 999-5402 $14,187.83 ~1,700.00 ~13,024.50 CC: Steve Cresswell, Principal Engineer - Land Development Don Spagnolo, Principal Engineer - Capital Projects Martin C. Lauber, Traffic Engineer r:\roads\actrpt\96\02 jle 0 rn -n .-I m Z -4 0 MONTHLY ACTIVITY REPORT - February 1996 Page No. 3 STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of December. ACCOUNT NO. 195-180-999-5402 MONTELEONE EXCAVATING DATE STREET/CHANNEL/BRIDGE 02/01/96 through 02/05/96 Santiago Rd., John Warner Rd., Paulita Rd., Orngsby Rd. 02/01/96 through 02/05/96 Liefer Rd., Pala Vista Dr., Greenwood Lane, Gatlin Rd., Cantrell Rd., Kimberly Rd. 02/01/96 through 02/05/96 Calle Chapos, Calle Girasol, Walcot Lane DATE 02/01/96 02/01/96 02/02/96 MONTELEONE EXCAVATING STREET/CHANNEL/BRIDGE Winchester Rd. @ Winchester Creek Rd. Felix Valdez @ Rancho California Rd. La Primavera and Pauba Rd. DESCRIPTION OF WORK Emergency Dirt Road Repairs and Motor Grading Emergency Dirt Road Repairs and Motor Grading Emergency Dirt Road Repairs and Motor Grading Total Acct. No. 195-180-999-5402 ACCOUNT NO. 5402 DESCRIPTION OF WORK Emergency Street Debris Removal Due to Rains Emergency Street Debris Removal Due to Rains Emergency Street Debris Removal Due to Rains Total Acct. No. 5402 TOTAL COST $1,794.50 $1,170.00 $780.00 $3,744.50 TOTALCOST $1,762.00 $528.00 $1,771.00 $4,061.00 r:\roads\actrpt\96~02 jle MONTHLY ACTIVITY REPORT - February 1996 Page No. 4 MONTELEONE EXCAVATING DATE STREET/CHANNEL/BRIDGE 02/05/96 Del Rey Rd. @ Kahwea Rd. ACCOUNT NO. 5401 DESCRIPTION OF WORK Repair of Grouted Rip-Rap Over-the-Side Drain Total Acct. No. 5401 ACCOUNT NO. 195-180-999-5402 MONTELEONE EXCAVATING DATE STREET/CHANNEL/BRIDGE 02/26/96 Emergency Dirt Road Repairs and Motor Grading 02/27/96 Emergency Dirt Road Repairs and Motor Grading 02/28/96 Emergency Dirt Road Repairs and Motor Grading 02/29/96 Emergency Dirt Road Repairs and Motor Grading 02/29/96 Emergency Dirt Road Repairs and Motor Grading DESCRIPTION OF WORK Santiago Rd., Ormsby Rd., and John Warner Rd. Santiago Rd., John Warner Rd., Lolita Rd. Santiago Rd., John Warner Rd., Ornsby Rd., Lilita Rd., Paulita Rd. Liefer Rd., Pala Vista Rd., Greenwood Lane, Gatlin Rd. Walcot, Calle Chapos, Kimberly Lane, Calle Girsol Total Acct. No. 195-180-999-5402 TOTAL COST $1,700.00 $1,700.00 TOTAL COST $942.00 $1,726.0~, $2,344.00 $2,344.00 ~1,924.00 $6,936.00 r:\roads\actrpt\96%02 jle I DATE 02-01-96 02-01-96 02-02-96 02-06-96 02-07-96 02-07-96 02-08-96 02-08-96 02-08-96 02-13-96 02-15-96 02-22-96 -22-96 u2-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-22-96 02-23-96 02-23-96 02-23-96 .23-96 DEPARTMENT OF PUBLIC WORKS ROADS DIVISION FEBRUARY, 1996 GRAFFITI REMOVAL 28550 Pujol Removed 715 S.F. of Graffiti Pauba @ Ynez Removed 5 S.F. of Graffiti Rancho Vista @ High School Removed 25 S.F. of Graffiti 27740 Jefferson Removed 116 S.F. of Graffiti Ynez across fron Ford Dealer Removed 2,250 S.F. of Graffiti 33654 Deportola (Park) Removed 420 S.F. of Graffiti 28550 Pujol Removed 75 S.F. of Graffiti 28747 Pujol Removed 75 S.F. of Graffiti Rancho Cal Rd. E/O Meadows Removed 210 S.F. of Graffiti Ynez @ Winchester Removed 30 S.F. of Graffiti Wolf Valley Wash Removed 1,277 S.F. of Graffiti CRC Removed 122 S.F. of Graffiti Rancho Vista @ Southern Cross Removed 104 S.F. of Graffiti Margarita @ Rancho Vista Removed 80 S.F. of Graffiti Rancho Vista @ Arco Removed 12 S.F. of Graffiti Rancho Vista across from High School Removed 16 S.F. of Graffiti Rancho California @ Humber Removed 1,140 S.F. of Graffiti Rancho California @ Yukon behind Lucky's Removed 40 S.F. of Graffiti Yukon @ Danube Removed 4 S.F. of Graffiti La Serena @ Camino Corte Removed 75 S.F. of Graffiti Via Puerta @ Camino Verde Removed 225 S.F. of Graffiti Long Valley @ Humber Removed 24 S.F. of Graffiti Margarita 300' S/O Rancho California Road Removed 20 S.F. of Graffiti 28801 Pujol Removed 20 S.F. of Graffiti Rancho California E/O Moraga Removed 81 S.F. of Graffiti Rancho California @ Humber Removed 534 S.F. of Graffiti Yukon @ Rancho California Road Removed 10 S.F. of Graffiti Solana @ Margarita Removed 40 S.F. of Graffiti -1- pw03\roads\wkcmpltd\96\02.Graffiti 030196 GRAFFITI REMOVAL - FEBRUARY 1996 02-23-96 02-28-96 02-28-96 Rancho Vista between Southern Cross and Mira Loma 28805 Pujol 32010 Corte Candin Removed Removed 20 Removed 12 TOTAL S.F. 7,780 TOTAL LOCATIONS 31 S.F. of Graffiti S.F. of Graffiti -2- pw03\roads\wkcmphd\96\02.Graffiti 030196 DATE 02-01-96 02-01-96 02-01-96 02-01-96 02-06-96 02-06-96 02-09-96 02-12-96 02-13-96 -13-96 02-14-96 02-14-96 02-16-96 02-16-96 02-20-96 02-21-96 01-30-96 01-31-96 02-13-96 02-26-96 02-28-96 --~ '-29-96 I 02-21-96 DEPARTMENT OF PUBLIC WORKS LOCATION 43140 John Warner 30129 La Primavera 30044 La Primavera 43302 Calle Nacido Corte Camarillo 30121 Via Arboleda 30747 San Pasqual 45850 Clubhouse Winchester @ Ynez 31411 De Portola Moraga @ Rancho California Willow Creek @ N. General Kearney 30600 Margarita Corte Almeria 40312 Windsor Rd. 41399 Ave. De La Reina 30908 & Wellington Cir 30502 Bogart PI. Deportola @ Pio Pico 41531 Ave. De La Reina Pala Vista 30603 Del Rey Rd. 41399 Ave. De La Reina ROADS DIVISION FEBRUARY, 1996 SERVICE ORDER REQUEST LOG I REQUEST Grade Road Mud infront of drive-way Mud in Street Request for S.N.S. Sweeping Concern Street Repairs Tree trimming Trash Pick-Up Graffiti Plugged Storm Graffiti Pot Hole Storm Drain Grate Loose Graffiti Trash Pick-Up Plugged Storm Drain parking. St. Repair at Man Hole Swamp Area where Kids Walk Plugged Storm Drain Root Prune Road Grading Tree Trimming Plugged Storm Drain ]WORK COMPLETE 02-01-96 02-01-96 02-01-96 02-01-96 02-06-96 02-06-96 02-12-96 02-12-96 02-13-96 02-13-96 02-14-96 02-14-96 02-17-96 02-20-96 02-20-96 02-21-96 02-16-96 02-16-96 02-16-96 02-26-96 02-28-96 02-29-96 02-23-96 pwO3\roads\wkcmpltd\96\O2.svsrq 030496 SERVICE ORDER REQUEST LOG - FEBRUARY, 1996 02-23-96 02-23-96 12-11-95 fMargarita between '.'inchester & Solana Way Solana between Margarita & Via Norte Joseph Rd. L~ Nicolas Rd. AC Repair Debris St. Name S,~Jn 02-23-96 02-27-96 02-26-96 TOTAL S.O.R.'S 26 DATE 02-20-96 02-21-96 02-21-96 02-21-96 02-22-96 02-22-96 02-23-96 02-23-96 02-23-96 23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-23-96 02-26-96 02-26-96 26-96 I02-27-96 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS :LOCATION Pauba between Margarita & La Primavera Front at Del Rio Plaza Pala @ Bridge Rancho California @ Ynez Front @ Sunwest Materials Rainbow Canyon Pala Between 79S & Loma Linda Camino Verde Jedediah Smith @ Deportola Ynez @ Pauba Rancho Vista @ Mira Loma Rancho California @ Meadows Rancho California @ Ynez Pauba @ New Church Site 5th St in Old Town Front St @ Post Office Front St @ Las Haciendas Winchester Between Jefferson & Diaz Diaz between Winchester & Rancho California Rancho California between Business Park & Diaz Pala @ Bridge La Paz between Vallejo & Ynez Ynez N/O Vallejo Nicolas Rd. @ Winchester Pauba @ Linfield School ROADS DIVISION FEBRUARY, 1996 POT HOLE REPAIR TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC TEMPORARY AC WORK COMPLETED 4 Cubic Feet 4 Cubic Feet 4 Cubic Feet 3 Cubic Feet 1 Cubic Feet 1 Cubic Feet 40 Cubic Feet 2 Cubic Feet 1 Cubic Feet 2 Cubic Feet 2 Cubic Feet 1 Cubic Feet 2 Cubic Feet 2 Cubic Feet 1.5 Cubic Feet 2.5 Cubic Feet 1.5 Cubic Feet 2.5 Cubic Feet 8 Cubic Feet 2 Cubic Feet 18 Cubic Feet 8 Cubic Feet 4 Cubic Feet 6 Cubic Feet PW03XP, OADS\WKCMPLTD\96\01 .POT 030496 POT HOLE REPAIR = FEBRUARY 1996 02-27-96 02-27-96 02-28-96 Pauba between Margarita & La Primavera Nicolas between Joseph & Calle Medusa Pala Bridge TEMPORARY AC TEMPORARY AC TEMPORARY AC 2 Cubic Feet 6 Cubic Feet 16 Cubic Feet TOTALS.F. 151 PW03~ROADS\WKCMPLTD\96\01 .POT 030496 DATE 02-01-96 02-06-96 02-12-96 02-13-96 02-16-96 02-20-96 02-22-96 02-26-96 02-27-96 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION FEBRUARY, 1996 SIGNS Rancho California @ Asteroid Way Replaced R-7 R-7a "T.C." Jefferson @ Winchester N & S/B Installed 2 C.I.P. Signs 39860 N. General Kearney Replaced R-1 "T.C." Avanida Barca @ Del Rey Replaced R-1 R-2 "35" Graffitti Margarita @ Sparkman Elementry Replaced R-26D Ynez N/O Vallejo Replaced 12' Post for R-26D "T.C." Diaz between Straightened 2 Signs Rancho California & Winchester Ynez between Install 15 R26S Solana & Tower Center Temecula Lane W/O Loma Linda Install 1 W-17 TOTAL SIGNS 7 REPLACED TOTAL SIGNS 18 INSTALLED TOTAL SIGNS REPAIRED PW03~ROADSF'//'KCMPLTD~96\0~.SIGN~INSTALL 030496 DATE 02-05-96 02-06-96 02-08-96 02-12-96 LOCATION C St. @ Santiago C St. @ Santiago Front St. N/O Mc Donaids Front St. S/O Via Montezuma DEPARTMENT OF PUBLIC WORKS ROADS DIVISION FEBRUARY, 1996 TREE TRIMMING I Trimmed Trimmed Trimmed Trimmed WORK COMPLETED 8 Trees 6 Trees 41 Trees 49 Trees TOTAL TREES TRIMMED 104 -]- pw03\roads\wkcmpltd\96\02.TFR 030496 DATE 02-09-96 :LOCATION Old Town CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION FEBRUARY, 1996 STENCILING t WORK :COMPLETED Repainted 37 Legends TOTAL LEGENDS REPAINTED 37 PW03XROADS\WKCMPLTD\96\02.STENCIL 030496 DATE 02-20-96 02-20-96 02-21-96 02-21-96 02-21-96 02-25-96 02-28-96 02-28-96 DEPARTMENT OF PUBLIC WORKS i LOCATION Areas # 1,2,3,4 Areas # 1,2,3,4 Areas # 1,2,3,4 Areas # 1,2,3,4 Areas # 1,2,3,4 Areas # 1,2,3,4 Sandborn @ end of Cul De Sac Areas # 1,2,3,4 ROADS DIVISION FEBRUARY, 1996 UNDERSIDE WALK DRAINS & CATCH BASIN MAINTENANCE Cleaned Cleaned Cleaned Cleaned Cleaned Cleaned Repair CB Safety Bar Cleaned WORK COMPLETED 28 Catch Basins 24 Catch Basins 19 Catch Basins 26 Catch Basins 13 Catch Basins 22 Catch Basins 12 Catch Basins TOTAL 144 UNDERSIDE DRAINS & CATCH BASINS CLEANED pw03\road\wkcmpltd\96\02.CB 030496 TRAFFIC DMSION Monthly Acavity Report For February, 1996 TRAFFIC REOUESTS and PLAN CHECKS I'I'RAFFIC REQUESTS: Received Completed Active Scheduled for Traffic Commission WORK ORDERS ISSUED STRIPING PLANS REVIEWED TRAFFIC CONTROL PLANS REVIEWED TRAFFIC IMPACT STUDIES REVIEWED Submitted by: Joseph Kieak~ Prepared by: Martin Lauber/~oZ Date: March 12, 1996 DEC I ,AN ~ I 7 8 11 12 8 8 31 31 34 4 3 4 7 2 5 5 I 2 0 0 3 I I DMSION PROJECTS: The Department of Public Works has issued a letter to the Temecula Vslley U~L~ed School District requesting attention be given to muting school traffic south of Nicholas Valley Elementary School. We are urging drivers to use Joseph Road from Nicholas Road instead of North General Kearney Road. The City is ready to support any request to divert by reinforcing the 25 mph speed limit on North General Kearney with our Radar Trailer Display Unit and Police Enforcement. In order to ensure that all City speed limits can be properly defended in court, the Traffic Division has reviewed the expiration dates for all established zones. City staff will be used to update all Traffic and Engineer survey certifications to guarantee legal citations. We have completed this year's Highway Performance Monitoring System (H.P.M.S.) update. The H.P.M.S. is a Federally mandated invanWry system and pining study designed to access the Nation's highway system. It is used as a management tool to determine the allocation of Federal aid funds, set policies, and forecast future transportation trends as it analyzes the system's length, condition and performance. Staff hE completed negotiations with the Inland Valley Cable Company to share a utility trench in order to accommodate both traffic signal interconnection and broadcasting from our new City Hall.