HomeMy WebLinkAbout032194 RDA AgendaAGENDA
CITY OF TEMECULA
OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE
A REGULAR MEETING
TEMECULA CITY HALL - MAIN CONFERENCE ROOM
43174 Business Park Drive
MARCH 21, 1994 - 6:00 PM
CALL TO ORDER:
Flag Salute
ROLL CALL: Committee
Members:
Vice Chairman Nancy Maurice presiding
Committee Member Jenkins
Bridges, Gray, 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
1. ApprOVal of the Minutes
RECOMMENDATION:
1,1 Approve the minutes of the meeting of August 3, 1993
ADoroval of Fundine Mechanism for Soecial Studies -- Old Town Temecula Proiect
RECOMMENDATION:
2.1 Recommend approval of an amendment to the Memorandum of Understanding
between the Temecula Redevelopment Agency and T.Z.B.G., Inc (Zev Buffman).
03/15/94
Agende/032194 ,RTC
2.2
Recommend approval of an appropriation of ~ 125,000from the Redevelopment
Agency fund balance to Account No. 280-199-999-5248for use in researching
the feasibility of a private/public partnership.
Briefina on Amended Judeement in the Matter of Dawes vs. City of Temecula
RedeveloDment Aoencv.
RECOMMENDATION:
3.1 Receive and file report.
EXECUTIVE DIRECTOR'S REPORT
COMMITTEE MEMBER REPORTS
ADJOURNMENT
AOendd032194,RTC 2 03116/94
ITEM NO. 1
MINUTES OF A REGULAR MEETING
OF THE CITY OF TEMECULA
OLD TOWN REDEVELOPMENT ADVISORY COMMITTEE
TUESDAY, AUGUST 3, 1993
A regular meeting of the City of Temecula Old Town Redevelopment Advisory Committee was
called to order on Tuesday, August 3, 1993, 6:00 P.M., at Temecula City Hall's main
conference room, 43174 Business Park Drive, Temecula, California. The meeting was called
to order by Vice Chairman Nancy Maurice.
PRESENT: 4 COMMITTEE MEMBERS: Jenkins, Reed, Walton, Maurice
ABSENT: 3 COMMITTEE MEMBERS: Bridges, Gray, Pelonero
Also present were City Manager David F. Dixon and Recording Secretary Gall Zigler.
PUBLIC COMMENTS
None
COMMITTEE BUSINESS
1. Update Regardina Purchase of Rancho West Apartments
City Manager Dixon advised the committee that the City of Temecula has issued an
offer of $977,267.00 to the RTC for the purchase of the Rancho West Apartments.
The funds to be used are from the 20% Redevelopment Agency set-aside funds for
housing. Mr. Dixon advised that the City is considering setting aside 50 units for low
and very low income families, as well as a number of the units will be set aside for
seniors and the handicapped. Mr. Dixon said that the City is also considering
maintaining an on-site day care facility and a satellite office for the Sheriff's
Department. City Manager Dixon advised that the Redevelopment Agency Board of
Directors has authorized the amount of the bid.
It was moved by Committee Member Jenkins, seconded by Committee Member Reed
to support the City of Temecula Redevelopment Agency in their offer to purchase the
apartment units known as the Rancho West Apartments.
Committee Member Walton stated that he has a potential conflict of interest and must
abstain from the vote.
The motion carried as follows:
AYES:
3 COMMITTEE MEMBERS: Jenkins, Reed, Maurice
NOES: 0 COMMITTEE MEMBERS: None
RDCMIN08/03/93 -1 - 8/12/93
REDEVELOPMENT ADVISORY COMMITTEE MINUTES
ABSENT: 3 COMMITTEE MEMBERS:
ABSTAIN: I COMMITTEE MEMBERS:
EXECUTIVE DIRECTOR'S REPORT
None
COMMITTEE MEMBER REPORTS
None
ADJOURNMENT
AUGUST 3, 1993
Bridges, Gray, Pelonero,
Walton
It was moved by Committee Member Walton, seconded by Committee Member Reed to
adjourn at 6:10 P.M.
The next regular meeting of the City of Temecula Old Town Redevelopment Advisory
Committee will be held on September 7, 1993, 6:00 P.M., at Temecula City Hall, Main
Conference Room, 43174 Business Park Drive, Temecula, California.
Chairman Dallas Gray
June S. Greek, City Clerk
RDCMINOB/03/93 -2- 8/12/93
ITEM NO. 2
APPROVAL
CITY ATTORNEY
FINANCE OFFICER
CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF TEMECULA
AGENDA REPORT
Old Town Temecula Redevelopment Advisory Committee
Ronald E. Bradley
March 21, 1994
Approval of Funding Mechanism for Special Studies - Old
Temecula Project
Town
RECOMMENDATION:
1. Direct staff to forward the Committee's recommendation for approval of an
amendment to the Memorandum of Understanding between the Temecula Redevelopment
Agency and T.Z.B.G. (The Zev Buffman Group).
2. Direct staff to forward the Committee's recommendation for approval of an
appropriation of $125,000from the Redevelopment Agency fund balance to Account No. 280-
199-999-5248for use in researching the feasibility of a private/public partnership.
BACKGROUND: Attached is a staff report which was sent to the members of the
Temecula Redevelopment Agency. It is recommended that the Advisory Committee concur
with this report and forward that information to the Agency. Additional information will be
presented verbally to the Committee at the meeting.
ATTACHMENTS:
JSG
RDA Staff Report dated March 8, 1994
Letter from the City Attorney dated March 4, 1994
Amendment to the MOU
Memorandum of Understanding of October 12, 1993.
APPROVAL
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
March 8, 1994
Agency Chairman and Board
Ronald E. Bradley, Executive Director
Approval of Funding Mechanism for Special Studies- Old Town Temecuia
Project
RECOMMENDATION:
That the Agency Board approve:
(1) An amendment to the Memorandum of Understanding between the City of
Temecula, the Redevelopment Agency and T.Z.B.G., Inc. (Zev Buffman); and
(2) An appropriation of $125,000 from the Redevelopment Agency fund balance to
Account # 280-199-999-5248for use in researching the feasibility of a private/public
partnership.
BACKGROUND:
On October 12, 1993, the City, Redevelopment Agency and Mr. Buffman entered into a
Memorandum of Understanding (MOU) to negotiate a public/private partnership for the
development of specific entertainment venues in the Old Town Temecula area.
Pursuant to the MOU, Mr. Buffman and City staff have engaged in discussions about the
establishment of a project in the Old Town. At the February 28, 1994, joint City
Council/Planning Commission meeting, Mr. Buffman made a presentation to provide an update
on the progress made during the first six months of the MOU. Mr. Buffman proposed that the
City/Agency and he enter into an agreement to share the cost for further research and
feasibility studies on the project.
An amendment to the MOU would provide the language necessary to describe the cost-sharing
agreement for the research and feasibility studies.
LAW OFFICES
BURKE, WILLIA_~IS 8¢ SOREi~TSEbT
VIA FAX & U, S. MAIL
March 4, 1994
Ronald Bradley
Interim City Manager
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
Re: Buffman Memorandum of Understanding
Dear Ron:
Enclosed please find a draft Amendment to the
Memorandum of Understanding between the City/Agency and Buffman
concerning the feasibility studies. Briefly, the Amendment
proposes to replace Section 2 of the existing MOU as follows:
In order to determine whether the parties should
enter into a formal agreement to build the
project, the City/Agency will hire one or more
consultants to determine Project feasibility. The
cost of the consultants' reports shall not exceed
$250,000, to be shared equally between the
City/Agency and Buffman. Buffman shall deposit
with the City $10,000 to be applied against his
last payment toward the studies. The City shall
bill Buffman his one-half share of the cost of the
studies following each progress payment the
City/Agency makes to a consultant. Buffman shall
pay his bills from the City within ten days from
receiving them. At their option, the City/Agency
may terminate the MOU if Buffman fail to pay the
City's bills for the studies within twenty days
after receiving the bill.
The City/Agency shall obtain Buffman's consent
prior to hiring any consultant. The City/Agency
shall supervise the consultant's work, but shall
involve Buffman throughout the study process.
March 4, 1994
Page 2
Based upon the results of the studies, the
City/Agency and Buffman may enter into a Lease
Agreement whereby the City/Agency will construct
the Project and lease it to Buffman, who will
operate and maintain it. (Please note that the
earlier MOU referred to the parties entering into
a "private/public partnership" agreement. I am
not sure what that term means, but it appears to
me that we are most likely looking at a lease
agreement or some similar vehicle for the
Project.)
The Lease Agreement will provide that the City
will hire the design professionals for the
Project, with the assistance of Buffman. The City
will then build the Project. A Lease Agreement
will be entered into whereby Buffman will operate
and maintain the Project. The Lease Agreement
shall provide for Buffman paying to the City/
Agency in an amount equal to: (i) the City/Agency
debt service on the bend issue to cover the cost
of Buffman's elements of the Project, (ii)
specified percentage payments of gross proceeds
from the operation of the Project and (iii)
reimbursement for a portion of the City/Agency's
infrastructure cost in an amount to be negotiated.
Please feel free to contact me after you have had an
opportunity to review the draft. Once it is finalized, we can
forward it to Zev Buffman for his comments.
Very truly yours,
Scott F. Field
City Attorney
CITY OF TEMECULA
10712122
AMENDMENT TO MEMORANDUMOF UNDERSTANDING
REGARDING DEVELOPMENT OF OLD TOWNTEMECULA
INTO A MAJOR DESTINATION ENTERTAINMENT
FACILITY
This Amendment to the Memorandum of Understanding
between the City of Temecula, a Municipal Corporation ("City")
the Redevelopment Agency of the City of Temecula ("Agency") and
T.Z.B.G., Inc., ("Buffman") is made this 8th day of March, 1994.
RECITALS
WHEREAS, the City, Agency and Buffman entered into a
Memorandum of Understanding on October 12, 1993 (the "MOU");
WHEREAS, the parties wish to amend the MOU to provide
for the preparation of studies regarding economic feasibility,
planning, engineering, architecture and related matters. The
purpose of the studies is to advise the parties whether they
should enter into a Lease for the purposes of developing and
operating the Project.
NOW THEREFORE, the parties hereto, enter into the
following Amendment to the MOU:
I. Section 2 of the MOU is amended to read as follows:
"2. Negotiations
A. Feasibility Studies
(1) The City and/or Agency shall contract with
one or more consultants for the purpose of
obtaining various reports regarding the
feasibility of the Project. The studies may
address the following matters: economic
feasibility (including market damand and
utilization, estimated revenues and expenses,
expansion planning, site evaluation, financing and
funding plans, and acquisition "due diligence");
architecture; land use planning, traffic; and
civil engineering.
(2) The cost of the studies shall not exceed Two
Hundred Fifty Thousand Dollars ($250,000.00) to be
shared equally between the City and the Agency
(125,000.00) and Buffman (125,000.00). Buffman
shall deposit with the City Ten Thousand Dollars
(10,000.00) no later than March 18, 1994, which
10712120 i
amount shall be applied against his last payment
towards the studies. The City shall bill Buffman
his one-half share of the cost of the studies
following each progress payment the City or Agency
makes to a consultant. Buffman shall pay the City
within ten (10) days of receiving a bill. At
their option, the City and Agency may terminate
this MOU if Buffman should fail to pay a city bill
for the studies within twenty (20) days after
receiving the bill.
(3) The City and Agency shall obtain Buffman,s
consent prior to hiring any consultant for any
study. Although the City and Agency shall
supervise the consultants' work, they shall
involve Buffman throughout the study process.
B. Lease Aareement
Within the term of the Option or Extensions thereto,
and based upon the results of the studies, the parties shall
negotiate in good faith on the terms of a Agreement to provide
for the City and Agency to construct the Project and lease it to
Buffman who will operate and maintain the Project. The Lease
Agreement will incorporate the following elements:
(1) Buffman Responsibilities:
(a) Development Phase:
(i)
Buffman will recommend planners/
architects/engineers and other
design personnel to the City and
the Agency, and assist the City and
the Agency, in developing
conceptual plans for the Project.
(ii)
Participate in preparation for the
bid selection process for and
render assistance with the
negotiation of contracts for the
design personnel.
(b) Construction Phase:
(i)
Participate in preparation for the
bid selection process for and
render assistance with the
negotiation of a construction
contract with a general contractor
for construction of the Project.
2
(ii) Participate with the City and the
Agency, in the supervision and
guidance of construction of the
Project, including without
limitation the following:
Preparation of construction
budget and schedule;
Preparation of engineering,
soil, drainage, and other
technical reports;
Supervision and co-ordination
of design personnel and
contractors;
Preparation of draw requests
for construction fund
disbursements; and
Assist the City and the
Agency, in selection of a
construction Project Manager.
(c) Operation Phase:
(i)
Lease, supervise, manage and
operate the Project under the Lease
Agreement with the City, and
determine the program and policies
to be followed in connection
therewith.
(ii)
Purchase and maintain public and
employer's liability, workmans
compensation, fire and extended
coverage, and such other customary
insurance as necessary in the
management and operation of its
elements of the Project.
(iii) Carry out all maintenance relative
to its elements of the Project.
(iv)
The Lease Agreement shall provide
for payments by Buffman to the City
and the Agency of (a) amounts egual
to City/Agency debt service on the
bends issued to cover the cost of
Buffman's elements of the Project;
3
(v)
(b) specified percentage payments
of gross proceeds from operation of
the Project; and (c) reimbursement
for a portion of City and Agency
infrastructure costs in an amount
to be negotiated.
Include "Temecula" in the legal and
operating name of the Project.
(2) City and Auencv Responsibilities:
(a) Development Phase:
(i)
The City will make every effort to
amend the proposed Specific Plan
for Old Town to comply with the
needs of the Project. The City
will contract with the necessary
design professionals to prepare an
appropriate amendment to the
Specific Plan for submission to the
City Planning Commission; provided,
that this MOU does not restrict the
discretion of the City Planning
Commission, the City Council, or
the City itself to approve or deny
any amendment to the Specific Plan.
(ii)
The Agency shall make every effort
to establish administrative
guidelines with which all future
development within Old Town must
comply, taking into consideration
the needs, goals and plans of the
Project; provided this MOU does not
restrict the discretion of the
Agency to approve or deny any
proposed guidelines. The
guidelines may specify the
following development criteria:
· Architectural guidelines;
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
complementary services ar
10712120 4
available to the public within
Old Town;
Criteria concerning themes,
quality of services and
products, developed for
businesses on real property
located in the Old Town area;
Proposed geographical
locations for specific uses;
(b) Construction Phase:
Upon execution of a Lease Agreement
between the City, Agency and Buffman,
and adoption of a Specific Plan
amendment, the City and/or Agency will
fund, commence and complete, or cause to
be completed, the construction of the
Project."
1071213O 5
II. All other terms and conditions of the MOU shall remain the
same.
Dated: T.Z.B.G., INC.
ZEV BUFFMAN
Title:
Dated:
CITY OF TEMECULA
ATTEST:
RON ROBERTS, MAYOR
JUNE S. GREEK, CITY CLERK
APPROVED AS TO FORM:
SCOTT F. FIELD
CITY ATTORNEY
10712120
MEMORANDUM OF UNDERSTANDING REGARDING
DEVELOPMENT OF OLD TOWN TEMECULA INTO A
MAJOR DESTINATION ENTERTAINMENT FACILITY
This Memorandum of Understanding made this 12th day of October, 1993, at
Temecula, California, is entered into between the City of Temecula, a Municipal Corporation
("City"), The Redevelopmerit Agency of the City of Temecula ("Agency"), and T.Z.B.G.,
INC. ("Buffman").
RECITALS
WHEREAS, the City and the Agency desire to induce the development within
the Old Town area of the City of Temecula of a major destination entertainment facility;
such a facility would include converting Old Town into a pedestrian mall with adjacent
parldng and adequate traffic circulation, and the acquisition of land for the development and
construction of entertainment venue(s) for music, dance, and theme entertainment, such as
cabaret theaters, a tented "Wild West" show, a "Showboat," avenue for food and wine
shows, and/or other suitable venues Chereinafter referred to as the "Project"); and
WHEREAS, Buffman desires to acquire the exclusive fight to negotiate a
private/public partnership with the City and the Agency to develop the Project in Old Town.
NOW THEREFORE, the parties hereto, enter into the following Memorandum
of Understanding:
1. GRANT OF OPTION
The City and the Agency hereby grant to Buffman the exclusive right to
negotiate a private/public parmership with the City for development of the Project. This
option shall commence on the day and year first above written and shall remain in effect
until April 1, 1995. If however, efforts and progress are evident in the first 18 months of
this option, the option shall be extended for one (1) additional six (6) month period.
2. NEGOTIATIONS
A. Private/Public Partnership Agreement
Within the term of the Option or Extensions thereto, the parties shall negotiate
in good faith on the terms of a private/public partnership agreement to provide for the
development and operation of the Project. The parties shall during the option period
commence discussions with planners/architects/engineers and other design personnel and
perform other necessary research and development to help achieve the Project's success.
The formal agreement will incorporate the foliowing elements:
A. Buffman Responsibilities:
(1) Development Phase:
(a)
Buffman will recommend planners/architects/engineers and
other design personnel to the City and the Agency, and assist
the City and the Agency, in developing conceptual plans for the
Project.
(b)
Participate in preparation for the bid selection process for and
render assistance with the negotiation of contracts for the design
personnel.
(2) Construction Phase:
(a)
Participate in preparation for the bid selection process for and
render assistance with the negotiation of a construction contract
with a general contractor for construction of the Project.
(b)
Participate with the City and the Agency, in the supervision and
guidance of construction of the Project, including without
limitation the following:
(i) Preparation of construction budget and schedule;
(ii)
Preparation of engineering, soil, drainage, and other
technical reports;
(iii) Supervision and co-ordination of design
personnel and contractors;
(iv) Preparation of draw requests for construction fund
disbursements; and
(v)
Assist the City and the Agency, in selection of a
construction Project Manager.
Operation Phase:
(a) direct, supervise, manage and operate the Project under the
partnership agreement with the City, and determine the program
and policies to be followed in connection theruwith.
(b)
Purchase and maintain public and employer's liability,
workmans compensation, fire and extended coverage, and such
other customary insurance as necessary in the management and
operation of its elements of the Project.
(c) Carry out all maintenance relative to its elements of the Project.
(d)
The partnership agreement shall provide for payments by
Buffman to the City and the Agency of (a) amounts equal to
City/Agency debt service on the bonds issued to cover the cost
of Buffman's elements of the Project; Co) specified percentage
payments of gross proceeds from operation of the Project; and
(c) reimbursement for a portion of City and Agency
infrastructure costs in an amount to be negotiated.
(e) Include "Temecula" in legal and operating name of the Project.
City and Agency Responsibilities:
1. Development Phase:
(a)
The City will make every effort to amend the proposed Specific Plan
for Old Town to comply with the needs of the Project. The City will
contract with the necessary design professionals to prepare an
appropriate amendment to the Specific Plan for submission to the City
Planning Commission; provided, that this Memorandum does not
restrict the discretion of the City Planning Commission, the City
Council, or the City itself to approve or deny any amendment to the
Specific Plan.
(b)
The Agency shall make every effort to establish administrative
guidelines with which all future development within Old Town must
comply, taking into consideration the needs, goals and plans of the
Project; provided, this Memorandum does not restrict the discretion of
the Agency to approve or deny any proposed guidelines. The
guidelines may specify the following development criteria:
(i) Architectural guidelines;
(ii)
Use guidelines which would not only assure
consistency of uses but also be intended to avoid
duplication of uses to insure that a ,~ariety of
complementary services are available to the public
within Old Town;
(iii)
Criteria concerning themes, quality of services
and products, developed for businesses on real
property located in the Old Town area;
(iv) Proposed geographical locations for specific uses;
Review of any new use proposed for the Old Town area by the Agency would
consider all these criteria in determining whether or not the proposed use
conformed with the Redevelopment Plan, also taking into consideration the
needs, goals and plans of the Project.
2. Construction Phase:
Upon execution of a formal partnership agreement between the City,
Agency and Buffman, and adoption of a Specific Plan amendment, the
City and/or Agency will fund, commence and complete, or cause to be
completed, the construction of the Project.
3. TERMINATION
At the end of the option period, if the parties have not entered into a formal
private/public partnership for the Project, then this Memorandum shall terminate, and the
parties shall have no obligations to each other.
4. DAMAGES
Shall either party breach this Memorandum, the other party's damages shall be
limited to actual, out-of-pocket expenses in attempting to negotiate the partnership agreement.
In no event shall the breaching party be liable to the other party for damag.~'in the form of
lost profits or consequential damages.
Dated:
Dated:
CITY OF TEMECULA
By: JAL~MUNO , MAYOR
ATTEST:
JU~EEC~K,'CIy~~CL~K
APPROVED AS TO FORM:
SCOTr F. FIELD,
CITY ATTORNEY
Dated:
ATTEST:
APPROVED AS TO FORM:
SCOTY F. FIELD
GENERAL COUNSEL
REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA
By: ~.~/~~'
RONALD PARKS, CHAIRPERSON
ITEM NO. 3
LAW OFFICE~>
B'URKE, Wr~,Y,!AI~S & SORENSEN
January 14, 1994
VIA FAX & U.S. MAIL
David F. Dixon
City Manager
CITY OF TEMECULA
43174 Business Park Drive
Temecula, CA 92590
Re: Stipulated Judgment effecting Temecula Redevelopment
Agency
Dear Dave:
I have reviewed the enclosed Interim Stipulation
regarding amending the Stipulated Judgment effecting the Temecula
Redevelopment Agency.
In summary, the Interim Stipulation authorizes Kane,
Ballmer & Berkman to prepare and file a motion to amend the
Stipulated Judgment on behalf of the City and Redevelopment
Agency. In concept, the amendment to the Stipulated Judgment
would accomplish the following:
(1) Increase the total tax increment revenue that may
be spent by the Agency during the life of the Plan from
$60,000,000 to $150,000,000.
(2) Eliminate the requirement to apportion revenues
between Old Town and the rest of the Project Area, as there was
in the original Judgment.
(3) Reduce the members of the Old Town Redevelopment
Advisory Committee from 7 to 5 and provide that the members will
be appointed by the City Council, instead of by election by
residents and owners in Old Town.
David F. Dixon
January 14, 1994
Page 2
(4) Remove all limits on the use of Tax Increment
Revenue. The City may use the money for any infrastructure or
other lawful activities as permitted by Redevelopment Law.
(5) Permit the Agency to lend money for economic
development at a rate not less than prime plus 1%. Previously,
the rate had been prime plus 2%. This limitation will still
substantially constrain the ability of the City to engage in
certain types of economic development, including its small
business loan program. However, I recognize that this compromise
may be the best that is possible.
Upon signing the Stipulation, the City and the Agency
are authorizing Kane, Ballmer & Berkman to prepare the motion and
take such other actions as are necessary to accomplish the
Amendment to the Stipulated Judgment. The City is to compensate
Kane, Ballmer & Berkman for its work pursuant to a rate schedule,
which sets attorney time at rates between $160 per hour to $125
per hour, depending on the attorney.
With the exception of my concerns concerning the
interest rate on redevelopment loans, the Stipulation appears to
be acceptable as written. I would suggest we place this on the
Agency's next agenda.
Please feel free to call me if you should have any
questions.
Sincerely,
Scott F. Field
City Attorney
CITY OF TEMECULA
Enclosure
December 28, 1993
David P. Dixon
City Manager
City of Temecule
43174 Business Park Drive
Temecula, California 92590
Re: Dawes: Proposed Interim Stipulation
Dear~r. DiXOn:
Enclosed you Will rind a draf~ Interim Stipulation. We
have tried to match terms of the agreement between our clients on
~he one and ~he Temeoula entitles on the other hand with the
Stipulation for Entry of Judgment and Judgment entered by the Court
on JtlFle 5, 1991.
You should note ~hat attorneys: fees arising out of the
negotiation of the Stipulation and along with our limited fees in
conneculon ~herewiral would not be paid until such time as the
Amendment to the Judgment is entered by the Court. Fees incurred
in drafting the MotiOn to M~dify Judgment and related cobra and
activities would be borne by the City on an interim basis until
then.
Please advise us with your comments and suggestions when
you receive this.
very truly yours,
Bruce
RaT/an
Enclosure
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27166 sun city Boulevard
Post Offiae Box L
Sun Clty, CaliZornta 92381
(714) 672-1881
KaNE, BalJ~MER & BERIQ~AN
420 Popular Center
354 South Spring Street, Suite 420
Los Angeles, Califarnia 90013
(213) 617-04S0
Attorneys for Petitioners and Plaintiffs,
ROBERT DAWES aria SAY= HISTORIC OLD T~CULA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
ROBERT DAWES7 SAVE HISTORIC OLD
T~NECULA, an Uninoorporated
Association,
Petitioners,
THE REDEVFLOPMENT AGENCY OF THE
COUNTY OF RIVERSIDE, at ml.
Responden~s.
ROBERT DAWE9; SAVE HISTORIC OLD
TEMECULA, an Untncorpora=ed
Association,
Plaintiffs,
ALL PERSONS INTERESTED IN THE
MATTEItOFREDEVELDPMBNTPLAN FOR
REDEVELDPMENT PRO~XCr NO. 1-1988,
etal.,
Defendants.
CASe NO. 194468MF
No. 194948
INTERIM STIPUIa~TION,
IT IS HEREBY STIPULATED by and between Plaintiffs,
Ro~erts Dowes and Save HIstoric Old TeRecula, an unincorpora~ed
1 Association (collectively, "Plainrifles), on the one hand and
2 Defendants Redevelopmeat Agency af ~he City of TamecOla (~h~
3 "Agency") and the City of Temecula (the "City," collectively
4 with the Ar/enc3[, the "Temecula Entitiese~) as follows:
5 1. JUdgment in the above-entitled action was entered,
6 puzsusnt ~o ~he ~erms of a Stipulation for Entry of Judgment, on
7 or about June 5, ~991.
8 2. Section H.5. of the Judgment [beginninV at page 16
9 =hereof] provides for modification =0 the Judgment where "there
10 has been a change in circumstance relating to the Redevelop~en=
11 Plan and/or its implemen=ation.' The Superior Court of Sta~e of
12 california for =he County of Riverside, pursuant to this
13 Judgment, has retained jurisdiction to determine the propriety
14 of amending the Judgment on the stated ground of a ,,change
15 circtnnstance,~ by way of noticed motion, the procedure for which
16 is established in SeCtio~ H.5 thereof.
17 3. The Temecula Entities have determined that a "change
18 in circumstance relating to the Redevelopmen~ Plan and/or i~s
19 implementations has occurred, necessitatin~ a modification to
20 the Judgmen~ as set forth therein, and desires to activate
21 processes set forth in Section H.5.
2~ 4. Plaintiffs~ subject to the toe heraof~ have agreed
23 in concept with =he determination by the Tamecola Entities that
24 there has been s "change in circumstance" requiring a
25 nodification =o the Judgment as set forth heroinafter.
26 5. Proposed Modifications to the Judgment:
27 A. Section H. 1. Of the Judeeat concerning
28 increment revenue will be modified to increase =he aggregate
~.x~a~ I~IN STIP~TION
1
3
4
6
?,
8
9
10
11
1~,
13
14
15
16
17
18
19
20
21
22
23
24
25
26
28
toPaZ of ~ex Increment revenue t~om ~60,000,000,00 to
$z50,O00,O00.OO vt ,hout tu~cher appoz'r_tonment beVysen
~ovn area on f_he one band [see section ., z(a) ot
and outside o~ OZd ~ovn teme~Za [l Sect~o~ H,l(b) of the
~ud~sn~] on the o~her hand,
C- ~ection H.3(b) of ~he 3ud~ent shall be ~lfted
to decrease ~e nf~r of me~rs of ~e Old To~ Redevelopmeat
Advisor~ CoDittee from seven to five and to allow for each of
the five mem~rs to ~ appointed by ~e City Co~cil.
B. Section H.2 mh~11 be modified to all~ got the
use of tax tncr~ent revenue for "lntrast~ure" and for other
lawful activities pursuant to the Country Redevelopeat ~w,
as Dendad by~ i290 ~d o~er applt~le legislation.
D. 8o~ton H.4 of the Judeeat shell ~ ~ended to
allow for =he lendin; of Tax Incr~en= Revenues, p~suant
penissible State law at a rate of not less ~an prime plus one
percent (1%).
6. Notwithstanding ~e pr~Lsions
Jud;en~, the Tee~la ERtittes aP~ Plaintiffs a;ee that Kane,
Ballmar & Ber~, cereal for ~e Plaintiffs shall ~repare ~e
e
Noticed Ko~ion contemplated hereunder, shall prepare other
appropriate documents and s~all ~a~e oV/~er appropriate acCion
neceesarf to effectuate the Stipulation betwee~ the parties
herere in order tc cause the Amendment of the Judgment as set
hereinhalers. In return for Plaintiffs' counsel undertaking
~hls activity, t~e Temecula Entities agree to compensate Kane,
Ballmet & Barkman at its reduced public client rate on a monthly
baste pursuant to the Fee Schedule attached hereto as Exhtbit A.
~,~ I~lM STIP~TION
1
2
3
4
6
7
8
9
10
11
12
:3.5
16
:17
18
:i.9
21
23
24
25
28
The fees and costs incurred in connec=io~ WLth =he effectUation
of th~S Stipulation are separate al~d apart from fees and costs
incurred by Plaintiffs i~ connection with reaching this
Stipulation, which fees and costs w~ll be addressed and paid at
~hetime when ~he Amendment tD the Judgment is spproved by Order
of the Superior Court.
7. All par~es to this Stipulation hereby further agree
tO cooperate in connection with any and all actions necessary to
obtain Cour~ approval of ~he modification of ~he Judgment
contemplated hereunder.
This Stipulation shall take effect after
each party hereto.
i=s execution by
ROBERT ~WES and SAVE HISTO~C O~
TEMECULa
MELVILLE HIRSCHI
KANE, BALLMER & BERKMAN
Murray O, Kane
R, Bruce Tapper,
December __, 1993
R. Bruce Tapper, Jr.
Attorneys for Plaintiffs,
ROBERT DAWNS and SAVE HISTORIC
OLD TEMECtVLA
"THE TBMECULA ENTITIES"
IRedevelopment Agency of t~e Cl~y
of Temecul& and the cit~ of
Temecula}
December , 1993
~,~ INT~ STIPULATION
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