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HomeMy WebLinkAbout070792 RDA AgendaAGENDA CITY OF TEMECULA OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE A REGULAR MEETING TEMECULA CITY HALL - MAIN CONFERENCE ROOM 43174 Business Park Drive JULY 7, 1992 - 6:00 PM CALL TO ORDER: Flag Salute ROLL CALL: Committee Members: Chairman Dallas Grey Committee Member Susie Bridges Bridges, Grey, Jenkins, Maurice, Pelonero, Reed, Walton 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 or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to the Council about 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 and address. 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, COMMITTEE BUSINESS Minutes RECOMMENDATION: 1.1 Approve the minutes of the meeting of June 4, 1992. 2 Confirmation of Proiects in ProQress RECOMMENDATION: 2.1 Confirm and Approve the Expenditure of Redevelopment Advisory Funds in the Amount of $ for the Old Town Sub-Area. 06/30/92 3 4 Presentation and Briefina - Senior Center Oral presentation by Chief Building Official Tony Elmo Proposed FY 1992-93 Old Town Sub Redevelooment Projects RECOMMENDATION: 4.1 Receive and File Report. 5 Additional Materials for Committee Manual 5.1 Receive and File: · Copy of Stipulated Judgement · Map of Subzone - indicating 300 foot radius circles. EXECUTIVE DIRECTOR'$ REPORT COMMITTEE MEMBER REPORTS ADJOURNMENT Next regular meeting: August 4, 1992, 6:00 PM, Temecula City Hall, Main Conference Room, 43174 Business Park Drive, Temecula, California ITEM 1 MINUTES OF THE FIRST MEETING OF THE CITY OF TEMECULA OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE THURSDAY, JUNE 4, 1992 The first meeting of the City of Temecula Old Town Redevelopment Advisory Committee was called to order Thursday, June 4, 1992, 6:05 P.M., Temecula City Hall, 43174 Business Park Drive, Temecula, California. Executive Director David F. Dixon presiding. Agency Secretary June S. Greek led the flag salute. PRESENT: 7 COMMITTEE MEMBERS: Bridges, Grey, Jenkins, Maurice, Pelonero, Reed, Walton ABSENT: 0 COMMITTEE MEMBERS: None Also present was Mayor Patricia Birdsall and Minute Clerk Gall Zigler. PUBLIC COMMENTS None COMMITTEE BUSINESS Swearina In Ceremony Agency Secretary June Greek administered the oath of allegiance to all Committee Members. Committee Introductions Each Committee Member briefly introduced themselves. Executive Director's Overview of the Committee David Dixon presented an explanation of RDA funding and the Committees purpose, which is to act as an advisory Committee to the City Council as it relates to expenditure of public funds in the Old Town area. Mr. Dixon also reviewed some the action already taken by the City Council utilizing RDA funds. Drawina for Terms of Office 4.1 Draw lots to determine which Committee Members will serve as appointed and elected members. RDAMIN6/4/92 -1 - 6/17/92 REDEVELOPMENT ADVISORY COMMITTEE MINUTES JUNE 4, 1992 Lots were drawn as follows: Bridges Appointed Grey Appointed Jenkins Appointed Maurice Elected Pelonero Elected Reed Elected Walton Elected 4.2 Draw lots to determine terms of office for appointed members. Lots were drawn as follows: Bridges Two (2) years Grey Four (4) years Jenkins Four (4) years Election of Chairoerson and Vice-Chairperson 5.1 Elect a member of the committee to serve as the Chairoerson for a term of one- year. Committee Member Maurice nominated Committee Member Grey as Chairperson, seconded by Committee Member Reed. It was moved by Committee Member Bridges to close the nominations. The Committee unanimously approved the nomination of Committee Member Grey as Chairperson. 5.2 Elect a member of the committee to serve as the Vice-Chairoerson for a term of one-year. Committee Member Bridges nominated Committee Member Maurice as Vice- Chairperson, seconded by Committee Member Reed. It was moved by Committee Member Walton to close the nominations. The Committee unanimously approve the nomination of Committee Member Maurice as Vice-Chairperson. RDAMINe/4/92 -2- 6/17/92 REDEVELOPMENT ADVISORY COMMITTEE MINUTES JUNE 4, 1992 REVIEW OF COMMITTEE MANUAL 6.1 Committee Members were asked to review all materials provided in their notebooks. EXECUTIVE DIRECTOR'S REPORT Director Dixon stated that he would present the Committee with a project list at the next meeting for approval, as well as a list of those projects that pertain to RDA funding, highlighting those specific for the Old Town area. Agency Secretary Greek advised that she needs the Conflict of Interest forms completed and returned within thirty (30) days of this date, June 4, 1992. COMMITTEE MEMBER REPORTS Mayor Birdsall advised that input is being collected currently on the Old Town Master Plan. Committee Member Walton asked if the Advisory Committee would have any input in the Master Plan. Committee Member Bridges and Committee Member Reed are both currently participating in the Old Town Master Plan and will serve as the Committee's liaison and report back to the Committee on the Master Plan process. ADJOURNMENT It was moved by Committee Member Reed, seconded by Committee Member Walton to adjourn at 7:10 P.M. The next regular meeting of the City of Temecula Old Town Redevelopment Advisory Committee, will be held Tuesday, July 7, 1992, 6:00 P.M., Temecula City Hall, 43174 Business Park Drive, Temecula, California. Chairperson Dallas Grey Secretary RD~MIN6/4/92 -3- 6It 7192 ITEM 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER X~ CITY OF TEMECULA AGENDA REPORT TO: RDA Old Town Advisory Committee FROM: Executive Director David Dixon DATE: July 7, 1992 SUBJECT: Confirmation of Projects in Progress RECOMMENDATION: Recommend to the Redevelopment Agency the expenditure of Redevelopment Agency funds in the amount of $2,374,504.00 for the Old Town subzone. BACKGROUND: Over the past twelve months the City Council/Redevelopment Agency Board has approved a number of specific projects which affect Old Town Temecula. Pursuant to the stipulated judgement between Robert Dawes, Save Historic Old Temecula and the Redevelopment Agency of the County of Riverside, et al., the City of Temecula is required to obtain a recommendation for approval of projects from an advisory committee prior to the expenditure of Redevelopment Agency funds in the Old Town subzone. The Old Town Redevelopment Advisory Committee has been formed to review and confirm projects that are funded by Redevelopment Agency funds within the subzone. The following is a list of those projects which have been approved for funding and which now need confirmation by the Committee. Acauisition Price RDA Funded Acquisition of Sixth Street parcel (Between Front and Mercedes Streets) $929,504.00 $929,504.00 m Acquisition of L-shaped parcel (Adjacent to Sam Hicks Monument Park) $1,056,000.00 $500,000.00 Senior Center acquisition and improvements $980,000.00 $850,000.00 4. Old Town Specific Plan $155,000.00 $95,000.00 TOTAL $2,374,504.00 DFD:jsg ITEM NO. 3 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Advisory Committee Executive Director July 7, 1992 Item No. 4 - Senior Center Presentation City Clerk/Agency Secretary June S. Greek BACKGROUND: There are no written materials included in this section of your agenda package. Chief Building Official Tony EImo will be making an oral report to the committee and will show you some exhibits at the meeting. JSG ITEM NO. 4 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER CITY OF TEMECULA AGENDA REPORT TO: RDA Old Town Advisory Committee FROM: Executive Director David Dixon DATE: July 7,1992 SUBJECT: Proposed 1992-1993 Projects RECOMMENDATION: Receive and File report. BACKGROUND: This material is being provided to you for information only and does not require action by the committee at this time. Over the past twelve months we have developed a Capital Improvement Plan which covers a period of five (5) years and is subject to revision annually. The Capital improvement Plan not only identifies projects, it also identifies funding sources. During the second half of calendar year 1992, the City of Temecula, acting as the Redevelopment Agency will be issuing Redevelopment Agency bonds in the amount of $12,000,000. Included in the bond issue will be specific projects in Old Town. These are projects which the City has advanced funds for and new projects that we propose to initiate in the new fiscal year. The projects which we propose are: 1. L-shaped park improvements $250,000.00 2. First Street bridge improvements $1,000,000.00 3. Old Town demonstration block project $250,000.00 4. Santiago Road/I-15 study $25,000.00 5. Historical Museum $300,000.00 6. Fire Station No. 12 replacement $1.500,000.00 Total $3,325,000.00 DFD:jsg ITEM NO. 5 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: PREPARED BY: CITY OF TEMECULA AGENDA REPORT Redevelopment Agency Advisory Committee Executive Director July 7, 1992 Item No. 5 - Additional Materials for Committee Manual City Clerk/Agency Secretary June S. Greek BACKGROUND: Included in your agenda packet you will find a copy of the Stipulated Judgement which was approved by Judge E. Michael Kaiser on June 5, 1991. This document will be referred to from time to time and is provided for your information. We are also preparing a map with will indicate the 300 foot radius circle from the homes and/or businesses of the members of the Committee. This will assist you in making decisions about any potential conflict of interest decisions you may have to make. The map and a report from the City Attorney are still being finalled and will be given to you at the meeting. JSG 1 5 6 8 9 10 Z2 16 18 19 20 2~ 22 2~ 25 26 27 28 MELVILLE HIRSCHI 27166 Sun City Boulevard Post Office Box L Sun City, California 92381 (714) 672-1881 KANE, BALLMER & BF/~Fa4AN 420 Popular Center 354 South Spring Street be Angeles, California (213) 617-0480 90013 JUN 05 1991 ARTHUR A. SIMS# Clerk Attorneys for Petitioners and Plaintiffs, ROBERT DAWES and SAVE HISTORIC OLD TEMECU~A SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE ROBERT DAWES, SAVE HISTORIC OLD TEMECULA, an unincorporated Association, Petitioners, VS · THE REDEVELOPMENT AGENCY OF THE COUNTY OE RIVERSIDE, et al., Reepondents. ROBERT DAWES, SAVE HISTORIC OLD TEMECU~A, an Unincorporated Association, Plaintiffs, V4~ · ALL PERSONS INTERESTED IN THE MA~TER OF THE REDEVELOPMENT PI~N FOR REDEVELOPMENT PROJECT NO. 1-1988 etal., Defendants. CASE NO. 194468MF c/w No. 194948 STIPULATION FOR ENTRY OF JUDGMENT III -1- 1 4 5 6 7 8 9 10 11 12 14 15 18 17 18 19 20 2~ 24 25 ~6 27 28 IT IS HEREBY STIPULATED by and between Plaintiffs Robert Daws, and Save Historic Old Temecula, an unincerporated association '(collectively, "Plaintiffs"), the County'of Riverside ("County"), the Redevelopment Agency of the county of Riverside ("County Agency"; the County and County Agency are collectively referred to as "County Entities"); the Temecula Valley Unified School District ("District"); the Redevelopment Agency of the city of Temecula, named and served herein as Doe 10, (the "Agency") and the City of Temecula, named and served heroin as Doe 11, (the "City"; City and Agency are collectively referred to as the "Temecula Entities") as follows: 1. The parties to this Stipulation waive any right to: (a) request any findings, including, without limitation, a Statement of Decision heroin; and (b) appeal from this Judgment, or any part thereof; and 2. The parties hereto agree and acknowledge that the City council of City has taken the following actions, in the time end manner prescribed by the Community Redevelopment Law Section 33000 et seq. of the Health and Safety Code): (a) Adopted Ordinance No. 91-0S, entitled Ordinance Of The City CoUncil Of The City Of Temecula, Activating The Redevelopment Agency Of Temecula And Declaring And Designating The City Council Of The City of Temecule As The Redevelopmerit Agency", and Ordinance No. 91- -2- 1 2 5 6 8 9 lO ll 13 15 16 l? 18 19 25 27 28 III (b) 14, entitled "An ordinance of The City Council Of The City Of Temecula Activating the Redevelopmerit Agency of Temecula and Declaring and Designating the city Council as the Redevelopment Agency and Declaring the Urgency Thereo~", pursuant to Section 33101 of the CRL; said Ordinances became effective on April 27, 1991 and April 9, 1991, respectively; said Ordinances had the effect of activating the Agency; and Adopted Ordinance No. 91--11, entitled "An Ordinance Of The City Council Of The City Of Temecula Adopting A Redevelopment Plan", and Ordinance No. 91-15, entitled "An Ordinance Of The City Council Of The City Of Temecula, Activating The Redevelopment Agency Of Temecula Adopting a Redevelopment Plan And Declaring The Urgency Thereof", pursuant to subsection (b)(2) of Section 33215 of the CRL; said Ordinances became effective on May 9, 1991 and on April 9, 1991, re~pectively; said Ordinances had the effect of adopting the "Redevelopment Plan for Riverside Count~ Redevelcpment Project 1~1988" ("RedeVelopmen~ Plan") and transferring ~urisdiction over said Plan from the County Entities to the Temecula Entities as of July 1, 1991; and -3- 1 2 4 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 23 24 26 27 28 (c) Adopted a ReeoZution, No. 91-38, entitled "A Resolution O£ The City Council Of The City Of Temecula Agreeing To Reimburse The County Of River~ide~For All Costs Of Transferring County Of Riverside Redevelopment Plan 1-1988 TO The City", which became effective on April 9, 1991, by which resolution ~he City assumed the county of Riverside's costs of transfer relating to the plan, within the meaning of Section 33215 of the CRL. True copies of the Ordinances and the Resolution referred to in subsections (a), (b) and (c) of this Section, 2., are attached hereto and incorporated herein by this reference, marked, respectively, Exhibits A, B and C; and 3. The parties agree and stipulate that the filing of ~his Stipulation with ~he Court, shall constitute a request by all signatory parties hereto that the Court, without further notice, enter Judgment conrorminq in form and content to ~he document attached hereto, marked Exhibit "D" and incorporated herein by this reference (the "Judgment"); and 4. The Temecula Entities hereby agree for the benefi~ of Plaintiffs, as a covenant and contractual Qbligation separate from this Judgment, that the Temecula Entities shall conform to, comply with, and be bound by, the limitations, controls and criteria set forth in Paragraph H. of the Judgment for the implementation of the Redevelopment Plan; and 5. Each end every party hereto waives any right of appeal, Whether direct, indirect, or by collateral attack, which -4- SI16191 8 9 10 11 1? 18 19 ~0 23 25 ~8 may arise from this action, including but not limited to the right to appeal from the Judgment or any of the prior orders of this Court made in this action; provided that the waiver set forth in this Section, 5, shall not apply to Orders hereafter made by the Court pursuant to Section 5 of the Judgment; and 6. The Temecula Entities shall not discriminate against Plaintiffs or any other person as a result of participation or involvement in this lawsuit or as a result of any position taken by any such person with respect to this lawsuit; and 7. Plaintiffs herein acknowledge the validity ef that certain "pass through" agreement, heretofore entered into by and between the County Entities and the Temecula Entities, dated April 14, 1991, relating to the Redevelopmeet Plan, and agree not to file or participate in any action or matter in litigation which seeks to invalidate that said agreement in whole or in part; and a. The Temecula Entities shall pay directly to Plaintiffs' attorneys, Melville Hirschi the sum of Eighty Six Thousand Two Mundred Fifty Dollars ($86,250.00), and Kane, Ballmet & Barkman, the sum of One Hundred Seventy Two Thousand Five Hundred Dollars ($172,500.00), as and for Plaintiffs' attorneys' fees and costs, shall be made within five the Judgment; and incurred in this action, such p'ayment (5) business days after the entry of 9. Except as set forth in Section 8 o2 this Stipulation, all parties hereto shall bear their costs and fees incurred herein; and -5- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 '7 10. This Stipulation shall only take effect after its execution by each and every party hereto and upon its approval and acceptance by the Court. Dated: May 16, 1991 ROBERT DAWES and SAVE HISTOP. IC OLD TEMECULA; HIRSCHI, HIRSCHI & McKENZIE Melville Hirschi; and KANE BAT~ER & BERKMAN MUrray O. Kane R. Bruce Tepper, Jr. Marc J. Manason ROBERT DAWES and SAVE HISTORIC OLD TEMECULA COUNTY OF RIVERSIDE; and THE REDEVELOPMENT AGENCY OF THE COUNTY OF RIVERSIDE Dated: 30 , 1991 Dated: , 1991 By: Dated: May 29 1991 # TEMECULA VALLEY UNIFIED SCMOOL DISTRICT__~!. ~ By: .4. __ Dated: , 1991 By: 1 5 G ? 8 9 10 11 15 1G 17 18 19 ~0 ~5 ~G ~8 REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: ~,(,L~ ~ CITY OF TEMECULA By: 0~ ~ -7- 1 6 7 9 10 ~5 16 18 19 20 22 2~ 2~ 25 26 27 28 ORDER Good cause appearing therefor, the above stipulation accepted and ordered filed. 1991 E. MICHAFI KAISER Judge of the Superior Court is -8- 2 4 6 7 9 10 11 14 16 17 18 19 ~0 26 MELVILLE HIRSCHI 27166 Sun City BouleVard POst office Box L Sun city, California 92381 (714) 672-1881 KANE, BALLMER & EERKMAN 42~ Popular Center 354 South Spring Street Los Angeles, California (213) 617-04S0 90013 Attorneys for Petitioners and Plaintiffs, ROBERT DAWES and SAVE HISTORIC OLD TEMECU~A SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE ROBERT DAWES, SAVE HISTORIC OLD TEMECULA, an Unincorporated Association, Petitioners, vs. THE REDEVELOPMENT AGENCY OF THE COUNTY OF RIVERSIDE, et el., Respondsrite. ROBERT DAWES, SAVE HISTORIC OLD TE~ECULA, an Unincorporated Association, Plaintiffs, ALL PERSONS INTERESTED IN THE MATTER .OF THE REDEVELOPMENT PLAN PO~ REDEVELOPMENT PROJECT NO. 1-1988, et al., Defendants. CASE NO. 194468M~ 194948 JUDGMENT /// /// -1- ~X/~tlSTP~}~O f 1 6 8 9 lO 11 16 19 ~0 Health and Safety Code ("CRL"), equitable powers, as follows: A. ordinance No. 658, as an exercise of the Court's adopted on June 12, 1988, by the Board of Supervisors of the County, approving and adopting the Redevelopment Plan, is hereby declared to be adequate, sufficient, legal and valid in all respects; and B. The Redevelopmerit Plan is hereby declared to be adequate, sufficient, legal and valid in all respects; and C. Riverside County Redevelopment Project No. 1-1988 is hereby declared to be adequate, sufficient, legal and valid in all respects; and D. That District shall be entitled to receive portions of Tax Increment, in accordance with the terms of that certain agreement, dated ~/~ 1991, by and between District and County, so long as Agency shall have indebtedness within the meaning of Section 33670 of the CRL; and E. That a Project Area Committee, defined as nuch in the CRL, is not legally required with reference to the Redevelopmerit Plan; and F. That Ordinance Numbers 91-08, 91-11, 91-14 and 91- 15, adopted by the City pursuant to the CRL and other applicable law, are hereby declared to be adequate, sufficient, legal and valid in all respects; and c- That pursuant to Ordinances No. 91-11 and 91-15, adopted pursuant to Section 33215 of the CRL, the Jurisdiction of the County Entities relating to the Redevelopment Plan, has been effectively transferred to the Temecula Entities, as of July 1, 1991; and -3- 2 6 ? 8 lO 12 16 i8 19 20 2~ 2~ 26 27 28 H. The Temecula Entities shall conform to, comply with, and be bound by, all oZ the following limitations, controls and criteria for the implementation of the Redevelopmeat Plan: 1. "Tax Increment Revenue,*' as used in this Judgment, means tax increment revenue allocated and paid to the Agency after July 1, 1991, pursuan= to Section 33670 of CRL: (a) Limitation cn Use of Tax Increment Revenue old Town Area. III No Tax Increment Revenue in excess of an aggregate total of Thirty Million Dollars ($30,000,000.00), exclusive of: (1) 811 costs of debt service (excluding repayment of principal) and financing costs incurred by Agency in obtaining financing and/or refinancing, based, in whole or in part, on Tax Increment Revenue; and (2) all sums required by the CRL or o~her applicable law, to be set aside and utilized fcr low and/or moderate income housin~ purposes; and (3} amounts paid to taxing agencies, other than the City of Temecula, under binding lawful "pass through" agreements heretofore or hereafter entered into pursuant to the CRL; provided that the provisions of the pass through agreements shall not be deemed to modify the provisions of this Judgment; and -4- 1 2 3 6 7 8 9 lO ll 12 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 (4) amounts paid by the Agency to the county Entities pursuant to Section 33215 of the CRL to reimburse the County Entities for costs incurred in conducting the transfer of territorial Jurisdiction to the Agency; and (5) an annual sum, not in excess of Seventy- Five Thousand Dollsre ($75,000.00), representing the estimated cost to the Temecula Entities of the administration of the Plan, shall be used by the Temecula Entities in connection with the redevelopmerit of properties located within the Old Town area, ("Old Town") ae that area is shown on Exhibit D, attached to and incorporated heroin by this reference. (b) Limitation on Use o;~ Tax Allocation Revenue. Outside of Old To~n. No Tax Increment Revenue in excess of an aggregate total of Thirty Million Dollars ($30,000,000.00), exclusive of: (1) all costs of debt service (excluding repayment of principal) and financing costs incurred by Agency in obtaining financing and/or refinancing, based, in whole or in part, on Tax Increment Revenue; and "' (2) all sums required by the CRL or other applicable law, to be set aside and utilized for low and/or moderate income housing purposes; and (3) amounts paid to taxing agencies, other than the City of Temecula, under binding lawful '*pass -5- ~/16/91 1 3 6 8 lO 11 14 16 1'~ 18 20 21 ~8 through" agreements heretofore or hereafter entered into pursuant to the CRL; provided that the provisions of the pass through agreements shall not be deemed to modify ~he provisions of this Judgment; and (4) amounts paid by the Agency to the County Entities pursuant to Section 33215 of the CRL to reimburse the County ~ntities for costs incurred in conducting the transfer of territorial Jurisdiction to the Agency; and (5) an annual sum, not in excess of Seventy-Five Thousand Dollars ($?5,000.00), representing the estimated cost to the Temecula Entities of the administra~ion of the Plan, shall be used by the Temecula Entities in connection with the redevelopment of properties located outside of the Old Town area. (c) Aggreqate Total of Tax Interest Revenue. The aggregate total amount of Tax Increment Revenue allotted or paid to the Agency during the term of the Redevelopment Plan, shall not exceed the total of Sixty Million Dollars ($60,000,000.00) as permitted pursuant to this ,-r subsection, H.I., exclusive Of: (1) all costs of debt service (excluding repayment of principal) and financing costs incurred by Agency in obtaining financing and/or refinancing, based, in whole or in part, on Tax Increment Revenue; and 2 3 4 6 7 8 9 10 12 14 15 16 17 18 19 20 21 22 2~ 24 25 26 27 28 (2) all sums required by the CRL or other applicable law, to be set aside and utilized for low and/or moderate income housing purposes; and (3) amounts paid to taxing agencies, other than the City of Temecula, under binding lawful "pass through" agreements heretofore or hereafter entered into pursuant to the CRL; provided that the provisions of the pass through agreements shall not be deemed to modify the provisions of this Judgment; and (4) amounts paid by the Agency to the County Entities pursuant to Section 33215 of the CRL to reimburse the County Entities for costs incurred in conducting the transfer of territorial jurisdiction to the Agency; and (5) an annual sum, not in excess of Seventy-Five Thousand Dollars ($75,000.00), representing the estimated cost to the Temecula Entities of the administration of the Plan. (d) Transfer of Tax Allocation Revenues, At any time more than five (5) years following the entry of this Judgment, if the Temecula Entities, for any reason, h~e not fully expended, encumbered or allocated funds fo~f~l, redevelopment activities in the 01d Town area, as contemplated by subparagraph (a) of this Section, H.l., and/or the redevelopmost activities in other portions of the Plan area as contemplated under subdivision (b) of this Section H.I., the Temecula Entitle' may reallocate funds for the use and benefit of the Old Town area -7- 9 10 11 16 18 ~9 ~0 26 from the funds available, pursuant here~o use and benefit of other areas included in the Plan area, or vice verse, provided that the Temecula Entities first submit the proposed reallocation, as a Redevelopment Activity, hereafter defined, to the Old Town Advisory Committee, as hereafter provided in Section 2 of this Judgment; and 2. Tax Increment Revenue shall be used only for legitimate redevelopment purposes. "Legitimate redevelopment purposes" as used herein, means redevelopment activities authorized pursuant to the CRL, including, without limitation, the following: (a) With respect to Tax Increment Revenue used in connection with the redevelopment of properties located within the boundaries of Old Town: Retrofitring of building exteriors within Old Town to enhance historical character of old Town. /// //I Street improvements within Old To~, including reconstruction, realign~ent and widening of streets to improve circulation and, where feasible, to provide for on-street diagonal parking. 2 7 8 10 l? 18 ~0 9? ~8 III III (3) Installation of street lights within Old Town. (4) Preservation of open space and cons=ruction of e public park and recreational improvements within Old Town. (5) Construction of a senior center within Old Town. (6) Drainage and flood control facilities within Old Town. (?) Construction of libraries, a museum and/or historical center within Old Town. (b) With respect to Tax Xncrement Revenue used in connection with the redevelopmerit Of properties located outside the boundaries of Old Town: (1) freeway improvements such as overpasses and bridges. (2) drainage and flood control facilities. -9- 5/16/91 8 lO 12 18 19 ~0 (3) community facilities, including but not limited to, a city office building, a recreation center, an auditorium or performing arts facility, a public safety facility and a city and school support £acillttes; and 3. The Temecula Entities shall, during the life of the Redevelopment Plan, take all of the steps necessary, as described in this Judgment, to create and thereafter maintain an Advisory Committee which shall be known as the "Old Town Redevelopment Advisory Committee" (hereafter "Committeem). (a) Creation. As soon as is possible, following the date this Judgment becomes final, the Temecula Entities, by and through the Secretary of the Agency, shall provide written notice to all natural persons who are residents of the Old Town area, ("Residents") and those natural persons who own and/or who operate a bueines~ entity which has its principal place of business located within the boundaries of Old Town ("Business Persons"), of the fact that the Committee is to be formed. The notice given by the Clerk-mhall describe the process of electing members and appointing members to the Committee. The notice shall also set forth the dates upon which written nominations will be received for positions on the Committee and the date set -10- 1 2 4 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 2~ ~.~ 25 27 28 III III for the election and for the makin9 of appointments by the Agency Board. (b) Members. The Committee shall consist of seven (7) members, each of whom shall be a Resident and/or a Business Person. Four (4) of the members shall be elected, and three (3) shall be appointed, in the manner herein provided. (c) Oualification for Membership. No person shall be eligible to be elected or appointed to, or continue to serve as, an elected or appointed member of the Committee unless that person at all times, a Resident and/or a Business Person. (d) Elected Members. Terms. Persons elected to the Committee shall serve for terms of four (4) years, except for the four members initially elected to such Committee who shall serve terms as follows: for the two persons receiving the highest number of votes in the first election, terms of four (4) years' each; for the next following two (2) persons who ere elected to the Committee, terms of two (2) years each. -11- 1 9 10 15 16 ~8 19 20 28 III III (f) ADDointed Members- Three (3) of the members of the Committee shall be appointed by the Agency Board and shall serve at the pleasure of the Agency Board, for terms of four (4) years, except for the members initially appointed, two (2) of whom shall serve for terms of four (4) years, and one (1} for a term of two (3} years, as designated by the Agency Board. Fillina of Vacancies. Any vacancy occurring in the membership of the Committee shall be filled by a majority vote oi the Agency Board for the remainder of the unexpired term. Vacancies. A vacancy in a position on the Committee shell be deemed to have occurred: (1) if any member shall without cause, miss three (3) consecutive regular, regular adjourned, special or special adjourned, meetings of the Committee; (2) by death of a member; (3) by resignation of a member; or (4) by the failure of a member to maintain status as a Resident and/or a Business Person. -12 - ~G ~0 ~G (h) (i) (J) MeetinGs Rules of Procedure. Meetings of the Committee shall be conducted in accordance with Ralph M. Brown Act and all other applicable laws. Regular meetings shall be set at times, dates and places by order of the Commission. Bylaws. The Committee shall adopt bylaws for the conduct of the Committee,s affairs, which shall include method of selection of one of its members to act as chairperson and another to act as vice-chairperson. Committee Bylaws shall become effective after approval thereof, by the Agency Board. Staffing. The ExecutiVe Director of the Agency ("Director") shall provide for for staffing to assist the committee in the performance of its functions. The Director shall act as the Executive Director of the Committee and shall perform such functions as may be assigned to such position pursuant to the Committees' approved Bylaws. The ' Secretary of the Agency shall act as the Secretary of the Committee and perform such tasks as may be assigned to such position pursuant to the Committee's approved Bylaws. If a request for staffing and/or budgeting of -13- lO (k) funds is made by the Committee, the Director shall refer the matter to the Agency Board for resolution. The Agency Board, in its discretion shall resolve all ~uch matters. The decision of the Agency Board on such matters shall be final and conclusive. Submissions to committee. Any and all redevelopmen= actions, of any kind, proposed to be undertaken by the Agency and/or the City in furtherance of redevelopment conducted within the area of Old Town, including, but net limited to, consideration Of Owner Participation Agreements and Development and Disposition Agreements relating to properties located within Old Town~ programs for the rehabili=a=ion of buildings and structures located within Old Town, and other redevelopmerit activities within Old Town, (hereafter individually "Redevelopment Activity"), shall, prior to final review and approval of any of such Redevelopmerit Activity by the Agency Board and/or the City Couhcil, be submitted to the Committee for its review and a report thereon. Committee Action on Referred Matters. The Secretary shall forward copies of all Of the -14- 5 G 15 materials and information ("Material") pertaining to each Redevelopmerit Activity to each then member of the Committee. Material as used heroin shell mean all relevant documents, excepting any document included within the scope of the attorney-client privilege; "Material" shall be defined to the end that s full disclosure Is made to the committee of all aspects of a proposed Redevelopment Activity so that it can make an informed decision in adopting its report. The Secretary shall set a time and place for a Committee meeting, within not to exceed thirty (30) days following the delivery of the Material by the Secretary to the Committee Members. At the Committee meeting, the Redevelopment ActiVity as proposed by the Agency and/or the City, shall be considered by the Committee. The Committee shall report, in writing, to the Agency and/or the city on each Redevelopment Activity referred to it. Each such report shall include the committee's recommendation for approval; disapproval, in whole or in pert; modification; amendment or other change, as to the referred Redevelopment Activity. Each such Committee report shall be reviewed and approved by the Committee at a regular or special meeting of the Committee, -15- 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 conducted within said thirty (30) day period. Each such approved Committee report shall be referred directly to the City Council and/or Agency Board as a part of the staff report submitted to that body for consider- ation and approval of the Redevelopment Activity involved. Prior to acting on any such Redevelopment Activity, the City Council and/or Agency Board shall consider the report of the Committee therein. If, for any reason, the Committee fails to adopt any written report on any Redevelopment Activity referred to it, within the said thirty (30) day period, the City council and/or the Agency Board may proceed, without further review by the Committee, to act on the Redevelopmerit Activity in question. All actions by the City Council and/or Agency Board on Redevelopment Activity shall be final and conclusive. 4. The Agency shall not loan Tax Increment Revenues to any person, except where interest thereon is charged, at a rate not less than prime plus two percent (2%); for the purpose~of this subsection, H.4., "prime" shall mean the average Of the prime rate of interest, quoted by all banks located in the City, as of the date of making of any such loan; and 5. Notwithstanding any provision of law to the contrary, neither this judgment nor the Redevelopment Plan shall -16- be modified eo as to provide for: (a) the exercise of the power of eminent domain by the Agency by the acquisition o~ any 3 properties located within the boundaries of Old Town, for the 4 purpose of conveying such properties to private parties for 5 redevelopment purposes; or (b) the extension of the 1lie of the 6 Redevelopment Plan; or (c) an increase in the amount of Tax 7 Increment Revenue permitted to be received by the Agency pursuant 8 to the Plan and this Judgment, unless and until the City and/or 9 the Agency files a noticed motion in this Court, demonstrating 10 therein, to the reasonable satisfaction of the Court, that there 11 has been a change in circumstance relating to the Redevelopmatt 15 Plan and/or its implementation, which requires such amendment. 13 The filing of a motion contemplated by this Section 14 H.5., shall be the responsibility of the Agency. In addition to 15 ~he notice required pursuant to the then applicable Superior 16 Court Rules with reference to motions, the Agency shall give 17 sixty (60) days written notice of the pendency of such motion, 18 which notice shall include a brief statement of the nature and 19 purpose of the motion, to the owner of each parcel of real 20 property located within the Plan area; to each person who is licensed by the City to conduct a business in Old Town; and to any person who resides in Old Town; "Owner" as used heroin shall mean each person whose name appears on the latest equalized assessment tax roll as the owner of each such property. The 55 written notice to owners shall be given by depositing the same in the custody of the United States Postal Service, or its lawful 27 successor, first class postage prepaid, addressed to the person 28 to be notified, at his/her last known address. In addition, the -17- I.IFI(IJR~IST;S:$1~bO f 5/16/9f 1 Agency shall give published notice of the pendency of such motion not less than ninety (90} days in advance of the date set for the hearing of such motion. Published notice as required herein shall be given in a newspaper adjudicated as a newspaper general 5 circulation in the City; or, if there is none, then in such 6 newspaper as is determined by the Agency to have a wide enough ? circulation to give reasonable notice of the pendency of such 8 hearing. "Change in circumstance" as used in this subsection, 9 H.5., shall be defined to mean those legal and/or equitable 10 principles utilized by courts to determine whether a change in 11 circumstances exist where jurisdiction has been retained to 12 monitor Judgments; and 13 6. All persons are hereby permanently enjoined from 14 the institution of any action or proceeding raising any issue as 16 to which this Judgment is binding and conclusive; and 16 7. This Judgment be forever binding and conclusive 17 upon all persons as to all matters herein adjudicated and all 18 matters which could have been adjudicated in this proceeding; and 19 8. The Clerk is ordered to enter this JUdgment. 20 Dated this ,ff'/~ day of ~t~a~ , 1991. 21 ~ ,~!C:~ ~AFq, KAISE~ 22 Judge of the Superior Court 23 24 27 28 -18- s££/PRFllO053 1 2 3 4 5 6 7 9 10 11 32 13 14 15 16 17 19 20 21 22 23 24 25 26 27 2S STATE OF CAI. IR3~/A, ) ) CUUNT~OF~%~qGE ) I am emp/oyed/n the aaunty of Urar~je, State c~f n~4forn/a. I am over the age of lS and not a ~rty to the within action; roy business address is 3200 Bristol Street, S~tte 640, ~ Mesa, ~lifcrnia 92626. ~1 Ju~e 6f 1991 I Kane, ~11~ar & Betkhan 354 spring stzeet, suite 420 r,~ Angeles, C~lifornia 90013 3750 University, SUite 400 P.O. BC~ 1028 Riverside, California 92501 ~,rke, W~ ~ Tiams & axBnsen 611 West 6th sti~t r,~ AmgeleG, California 90017 Mr. ~r~e_ Vir.>_~ur Ccunty Oaunsel County of Riverside 3535 Tenth Street, ~lite 300 Riveriide, Pa14 f(z~nfs 92501 I aaUsed such envelope to be depositaed Jn the m~ ? at ~ i, ~f~it. r ~ ~ ~ 6, 1991 at ~ ~, ~7~.