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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
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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;
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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;
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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.
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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-
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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
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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
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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 .......
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I'
I
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·
·
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
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STORM DRAIN
7
PROI'OSF, D
DRAIN
,STORM DRAIN
/
/
STORM DRAIN
72 ~f,II
PROPOSED
DRAIN
STORM'DRAIN EXHIBIT 'C'
I0
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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.
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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
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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.
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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
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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,
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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ATTACHMENT NO. 3
ORDINANCE NO. 96-
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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JOURNAL- SEPTEMBER Iq95 · 47
Figure 5. Twisted choker.
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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.