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Home My WebLink About1992/04/01 - Agenda Packet CITY COiTNCIL AGENDA CITY OF RANCHO CUCAMONGA REGULAR MEETINGS 1st and 3rd Wednesdays - 7:00 p.m. April 1, 1992 Civic Center Council Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 •~s City Councibnembers Dennis L. Stout, Efayor William J. Alexander, Councilmember Charles J. Buquet, Councilmember Diane Williams, Coancilmemher Pamela,7. Wright, Councilmember :~• Jack Lam, City Manager James L. Markman, City Attorney Debra J. Adams, City Clerk City 6fBce: 389-1851 City Cou r.cil A4entla `-"`..j-' Anr it :, 1992 1 r All items aubmitt ed for the City council Agenda must be in writing. Tha deadline for submitting these items ie 5:00 p.m. on the Wedce adap prior to thm meet ivg. The City clerk's office receives all such items. A CALL TO ORDER .. Roli Ca11: Ou ac et _, Alexander _, Stoat ~, Williams _, and wrlght _ 9 ANNOUNCEMENTS/PREBENTATIONS 1. Presentation of Proclamation Designating April 1997, as "P: event a Litter Month' in Rancho Cucamonga. 2. Presentation of Proclamation De eignating April 1992 ae "California Eaethguake Preparedness Ho nth•" 3. Presentation of Proclamation to Declare Aprii 13 thcough April 17, 1992 as "Rancho Cucamonga Bu iltlinq Safety Week." 4. Presentation of Proclamation proclaiming April ae "Community Services Month." 5. Presentation of Proclamation to the Environmental Management Commiseior. Cnairman designating the Honth of April ae "Recycle N.onth and Earth Month." C COMMVNICATZONS FROM T8E PUBLIC Thi• ie the time and place for Lha general public to address the City Council. Stab law prohibit the City Council from addressing evy Lsum not prw iously iec laded oa the Agenda, TAe City Council may re<a ive testimony sad set the matter for a eubsegvent meeting. Coment• ors to ba limited to five minutes per individual. D. CONSBNT CALENDAR The following Consent Calendar iiema ere expected to be routine and non-controversial. They will be acted upon Dy the Council •t one time wLL bout discussion. Aay item may be removed 6y a CouncilmamDer nr member of the audience for dlacu a ion. ~ PAGE 11`. ~pi r^ ~~ ~ Cicy Covncii A9anda 5 Il Apz it 1, 1592 2 a 1. Approval of Minutes: February 13, 1992 (BU qu et absent) March 4, 1592 2. Approval of Warrants, Register Nos. 3/1&/92 and 3/25/92; i and Payro:l erd ing 3/12/92 for the total amount of $932,896.66. 3. Approval to authorize the advertising of the "Notice 11 Inviting Bids" for the Rochester Ave rue Street Improvements, located from Victoria Perk Lane to Highland Avenue, and Traffic Signal and Safety Lighting Installation Project at the intersection of Highland and Rochester Avenues, to be funded from the followir.q Accounts: TDA, Article 8, 12-463-9101; TDA, Local Measure I, 32-4637-9111; Systems, 22-460'/-9108; and AD A, 11-50100. RESOLVTION NO. 92-078 SZ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS ANU SPECIFICATIONS FOA THE ROCHESTER AVENUE STREET IMPROVEMENTS, LOCATEG FROM VICTORIA PAk% LANE TO HIGHLAND AVENV£~ AND TAAe^FIC SIGNAL AND SAFETY J.IG HTING INSTALLATION PROJECT AT THE INTERSECTION OF HIGHLAND AVENUE AND ROCHESTER AVENUES IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CL ERR TO ADVERTISE TO RECEIVE BIOS 4. Approval of appropriations within the Special Districts iE funds for a total of $63,360.00. 5. Approva: of Resolution authorizing 15suaneB oi~ 1992 17 Refunding Special Tax sonde applicable to Day Creek community Facllit iee District R2-1. RESOLUTION NO. 92-0'19 2~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AUTHORIZING ISSUANCE OF 1992 REFUNDING SPECIAL TA% RONDS, OEi.EGATING TO THE CITY MANAGER AUTHORITY TO DETERMINE THE FINAL PRICING OF THE RONGS, ANO APPROVING THE FCRH OF TH'e SONDE, BOND INDENT VREr AND City Council Agenda '--"L.~, April 1, 1992 3 e RELATED DOCUMENTS PERTAINING TO THE SALE AND DELIVERY OF THE BONDS ALL ON BEY.ALF OF CO.4MUNTTY FACILITIES DISTAI CT NO, 84-1, AND A L'THORZZING A RESTATED AND A.4E:7DED LOAN AND PLEDGE AGREEMENT RELATED THERETO 6. ApFroval to ezecuta cons racte with Bruce Hu11 and 23 Ae eociatea (CO 92-018) for Appraisals and Joseph .Ianczyk Evans of Empire Economics (CO 92-019) for Market Absorption Study related to Community Facilities District 91-1. 1. Apomval to execute Contract Change Order No. 1 for 25 Profess ion al Services Agreement with Norris-Repke, Incorporatetl (CO 91-058), Haven Avenue Improvements, Foothill Bou ievard tc Base Line Road, to be funded from Measure I, Account Nc. 32-663"1-9027 for 522,520.00. 8. Approval of Hap, exacut ion of improvement Agreement, 26 Improvement Securities, Agreement fez Pcetponement of Recordation of Covenants, Conditions and Restrictions, Suavnary Vanat ton of a Drainage Eaesmsnt antl ordering the Annexation to Landscape Ma Lntenanca District No. 6 and Street Lighting Maintenance District Noe. 1 and 6 for Tract Hap 13298, located on the southwest cor rer of Milliken Avenue antl Hounta in View Drive, submitted by Lew ie Deve loprnent Company. RESCLUTION NO. 92-080 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECVRITI ES AND FINAL MAP OF TRACT NO. 13298 RESOLUTION NO. 92-081 30 A RESOLUTION OF TY.E CITY COUNCIL OF TH£ CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE AG RF,EMENT WITH LEWIS D EVE LOPN£NT COMPANY FOA 2O8TPONEME NT OF APPROVAL OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT NO. 13298 PAGE City Courc it Agenda April 1, 1992 4 ,~ RESOLUTION NO. 92-Od2 31 A RE6OLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OACERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE CISTRICT NO. 4 AND STREET LIGHTING MAINTENA.YC^c DISTRICT NOS. 1 AND 4 ee^CR TRACT NO. 13298 RESOLUTION NC. 92-DA3 32 A RESOLUTION OF THE CITY COUNC II. OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, SUMMARILY OP.D ERING THE VACATION OF A DRAINAGE EASEMENT 9, Approval of Map, exec~t ion of Improvement Agreement, ~~ Improvement Securit iea, Agreement far Poat po nement of Recordation of Covenants, Cond it ro ng and Aeatrict ions and Ordering the Annexation [o La ntlgcepe Maintenance Dietr ict No. 1 and Street Lighting Maintenance District Noe. 1 and 2 for Tract Hep 34486, locatetl at 9874 and 9892 Arrow Route, east o£ Archibald Avenue, submitted by Cedar Villas, a California Limited Partners hrp. RESOLUTION NO. 92-084 39 A REBULUTLON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APFRO•lING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND FINAL MAP OF TRACT NO. 14486 RESOLUTION NO. 92-OAS QQ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAHONGA, CALIFORNIA, APPROVING THE AGREEMENT WITH CEDAR 'lI LLAS, A CALIPORNIA LIMITED PARTNE RAHiP FOR POSTPONEMENT OF APPROVAL OF COVENANTS, CONDZTiON6 ANTI RE 6TPICTIONA FOR TRACT NO. 1448fi PAGE ~C~C~~~ City Cou r.c it Ayenda - C L, April '_, 1992 J '~ AESOI,VTION NO. 92-086 Qj A RESOLUTION OF ?HE CITY CODNCZL OF THE CITY OF RANCHO CGCAN.ONGA, CALIFORNIA, ORD ee^AIfiG THE ANNEXASION OF CERTAIN TERRITORY T.O LANDSCAPE MAINTENANCE OTSTRI CT NO. AND STREET LIGHTING MAINTENANCE CISTRICT NOS. 1 AND 2 FOR TRACT 90. 14436 10. Approval o£ Map, esecut ion of Improvement Agreement, 44 improvement Security and ordering the Anaexat ion to La ndecape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract 163fi8 lccated south of Mountain View give and West of Milliken Avenue, suomitted by Lewis Oevelopment Camp~ny. Q5 RESOLVTZON NO. 92-087 A RESOLtIT ION Oi THE CITY COVNCIL OF THE CITY OF RANCHO CCCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVE ME NT SECVRITY, AND FINAL MAP OF TRACT NO. 14365 qO RESOLUTION NO. 92-OB8 A RE SOLUTSON OF THE CITY COUNCIL OF THE CITY Oe' RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNE%ATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT 40. 4 AND STREET LIGHTING MAINTENANCE DISTR ZCT NOS. 1 AND 4 FOA TRACT N0. 14365 11. Apprcval to execute Improvement Agreement Extension Eor qg Tract 10246, located on the southwest corner of Haven Avenue and Hills itle Road, submitted by JCR Development. RESOLUTION NO. 92-D3Y ,j A AEGOLVT ION OF THE CZTY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVEMENT AGPEEMENT E%TENSIOH AHD IMPROVEMENT SECURITY FOR TRACT 1C246 12. Approval to accept Improvements, Reiea se of Bonds and 52 Notice of Completion for Tract 13351-1, located on the southwest corner of Hill iken Avenue antl Terra Vista Parkway. ~ city Cou r.c it Agenda PAGE Aprii 1, 1992 fi y Release: Faithful ParfOYmd nce eond (Street) 5 9,9C0.00 Accept: Maintenance Gnarant ee Bond (Street) $ 900.00 RESOLVTION N0. 9:-090 53 A AESOLUTI ON OF THE CITY COUNCIL OF THE CITY OF AANCHO CUCA.90NGA, CIti IFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOA TRACT 13351-'_ AND AUTHORIZING THE FILING OF A NOTICE OF COHPLE TICK FOR THE MORE 13. Approval to accept Improvements, fteleaae of Banda and Notice of Completion Eor Tract 13739, located at the 54 aouthwe et corner of Eapphrre and Almond SGraet e. Release: Faithful Performance Band (Street) 5 474,D00.00 Faithful Performance Bond (Storm Drain) $ 588,000.00 Accept: Maintenance Guarantee Bond (Street) $ 47,600.00 Maintenance Guars nt ea Bond (store Orain) $ 58,800.00 RESOLUTION NG. 92-091 55 A RESOLUTION OF THE CITY CUUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALI FORKS A, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13738 AND AVTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WOAK 6. CONeENT ORDINANCES The following Ordivenees have had public hearings at Lho time u[ first reeding. Second nadinas ere expected to be zoutiue and von-controversial. They will be acted upon by the Couvrll at one time without dLcuuion. The City Clerk will read ;Hu title. Any item can be removed for discussion. 1. CONSICE RATION OF ENVI RONN£N'T Ar ASSESSMENT AND INDUSTRIAL AAEA SPEC I_FIC PLAN AMENDMENT 92-0: - CITY OF RANCHO CUCAHONGA - A prcpo sal to amend Figure II-7, and Figures tV-1 through IV-19, reg ardin3 certain trail locations. PAGE ' City Council Agenda L- - Apr 1 '_ 1992 ] ,~ ORDINANCE NO. 488 (eecontl read.nc) JE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALI FORtlI A, APPROVING INDUSTRIAL AREA SPECIFIC P'uLY AILNDMENT 92-01, AMENDING FIGURE ZI-7, AND F IGVRES IV-1 THROUGH IV-19, PiCARDING CE RATIN TRAIL ROUTES AND MAKING F: NDINGS IN SUPPORT TP.EREOF 2. CONSIDERATION OF ENVIRONMENTAL ASS ES SMEN3 AND F.TIWANQg SPECIFIC PLAN AMENDMENT 92-01 - CITY OF RANCHO CUCAM01lCA - A proposal to amend Figure i-ld and Ficurea 5-20 through 5-40 regardinq certain trail iocat ions and to amentl Article 5.33.200 regarding Community Trails. ORDINANCE NO. 6R9 wecond reading) ]$ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF (1ANCH0 CUCAHONGA, CALIFORNIA, APPROVING ETI WANCA SPECIFIC PLRN AHENOHENT 92 -01, AMEND INC FIGURE 5-LE, AND FIGURES 9- 2G THROUGH 5-d0, REGARDING CERTAIN TPASL ROUTES AND AHE NOS NG AAT:CLE 5.33.200 AEGARCZNG COMMUNITY TRAILS, AND MAKING FINDINGS IN SUPPORT THEAF.OF 3. CONSIDERATION OF ACTIONS RELATING TO COMMUNITY FACILITIES DISTRIC^. 91 ORDINANCE NO. 440 (second reading) 95 AN ORGINRNCE OF THE CITY COUNCIL OF THE CITf OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORI2I!iG THE LEVY OF A SPE CiAL TAX IN A COMMUNITY FACILITIES DISTRICT C. ADVERTISED PUBLIC BEARINGS The following items heva been adve rt iaed avd/or posted •s public heering• a• required by Lw. The Chair will opev the meetivg to receive public testimovy. 1. CONSIOF.PATION OF APPEAL OF_ ETIWAHDA SPECIFIC PLAN ~)~ AMENDMENT 8989=03 =U_S. HOMES CORPOPATION - An appeal of the Planning Commission's decision recommending denial of a request to amend certain development atendarde within the Et iwanda Specific Plan. (COVtinced from Ne rcb LB, 1992) PAGE city Council agenda April 1, 1992 8 ~ RESOnDTiorv No. 9z-D]o 136 A RESOLUTION OP YHE CITY COUNCIL OF THE CITY OF kANCHO CUCAMONGA, CALiFORNI A, DENYING ETIWANGA SPECIFIC PLAY A.NE NDMENT 89-03, A REQUEST TO AMEND CERTAIN DEVELOPMENT BTANDAROS WITHIN THE ET IWANDA SPECIFLC PLAN, AND HARING FINOINCB IN SUPPORT THEREOF oPA INANCF. No. 493 (: iret reading) 139 AN OAD INANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING ETZWANDA SPE C: PIC PLAN A.NEND MENT E9-03, A P,EQUEST TO AMEND THE MINIMUM AVERAGE LOT SIZE AEQUI AEMENT FROM 10,000 TO 8, 500 SQUARE FEET FOR 8.12 ACRES OF LAND ZONED LOW-MEDIUM RESIDENTIAL GENEF.ALLY LOCATED BETWEEN ETZWANDA AND EAST AVENUES, NORTH OF FOOTHILL BOULEVARD AND EAST OF ETIWANDA AVENUE, NORTH OF HILLER AVENVE WITHIN THE ETIWANGA SPECIFIC PLAN AREA, ANO HARING FINDINGS IN SUPPORT THEREOF - APN: 1100-Od1-09, 1100-081-12, 1100-1]1-01 ANO 13, 1100-101-01, 1100-161-01 AND 02, AND 1100-191-01 ORDINANCE N0. 492 (first reading) 14Q AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAHONGA, CALIFORNIA, APPROVING ETZWANDA SPECIFIC PLAN AMENDMENT 89-03, A REQUEST TO AMEND THE M:NIN'1H AVERAGE LOT SIZE REQUIREMENT FROM l0,OD0 TO B,'.00 SQUARE FEET FOA ALL ?AOPEATIES ZONED LOW-MF:D IUM RESIDENTIAL SOUTH ANO EAST OF THE OEVORE FREEWAY WITHIN THE ETIWANDA SPECIFIC PLAN AREA, AND HARING FINDI[GS IN SUPPORT THEREOF PAGE City Caunc it Agenda Aorii ', 1992 y 9 CONS IC F.AATZON OF APPEAi OF VESTING TEtr'TPTIVE :RACY :4211 114 - U. S. HOMES CORP0RAT ItlL1 - An appeal of the Planning cormisa ion's dec ieion denying the proposetl tentative t raet Tap and desigr, review for th_ development of 226 single family Iota or. 81.2 acres of land within the Etlwanda Specific Plar, in tte Low-Medium Residential Distzict (4-8 dwelling units per acre), Located on the east side cf Et lwantla Avenue, south of the Devore Freeway, and west of Eagt Avenue - APN: 1100-041-09, 1100-081-02, 110C-371-01 and 13, 110C-191-01, 1100-141- 01 and i2, and 1100-191-01. Related File: Etlwanda Spec ific Plan Amendment 99-03. (Continued from Me rch 18, 1992) RESOLUTION NO. 92-C 71 148 A RESOLVT ION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GENYI NG VESTING TENTATIVE TRACT NO. 14211, A RESIDENTIAL BUEDIVISI0N OF 226 SZNGLE FAHILY LOTS ON 81.2 ACRES OF LAND WITHIN THE ETIWANDA SPECSFZC PLAN IN THE MEDIUM AND LOw MEDIUM RES iDENTIAL DISTRICTS (8-14 AND 4-8 DWELLING UNITS PER ACAS, RESPECTIVELY(, LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, SOVTH OF THE DEVORE FAE'eWAY ANC HEST OP EAST AVENUE, ANC NAKING FINDINGS IN SUPPORT THEREOF - APN: 11C0- 041-09, 1100-081,12, 110 D-171-OS AND 13, i 100 -181-01, 1100-141-01 AND -02, AND 11C0- 19i-O1 RESOLUTION NO. 92-072 15~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING THE OP,S IGN REVIEW OF VF.STI NG TENTATIVE TRACT NO. 14211, THE DESIGN REVIEW OF A RESIDENTIAL SURDSV ISION OF 226 SZNGLE FAMILY LOTS CN B1.2 ACRES OF LA;iD WITHIN THE ETIWANDA SPECIFIC PLAN IN THE MEDIUM AND LOW MEDILM RESIDENTIAL DISTRICTS (8-14 AND 4-8 DWELLING VNITS PER ACRE, RESPECTIVELY), LOCATED ON THE EAST SIDE OF ETIWANDA AVENUE, SOUTH OF THE OEVORE FREEWAY AND WEST OF EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1100- 043-09, 1100-OBi-12. ilOC-171-01 AND -13, 1100-191-C 1, 1100-191-01 AND -02, AND 1300- 191-01 PAGE City Council Agenda April 1, 1992 r. 10 2. CONS D T OF E / R NH£NSAL I..PAC: R ORT FOR 156 SPECIFIC PLAN 90-01 AND GENERAL PLAN AMENDMENT 90-03R - CITY OF RANCHO CUCAMONGA - A public hearing to comment on the draft final environme r.tal impact report prepared for the Et iwanda North Specific Plan and General Plan Amendment 90-030 to prezone approximately 5,840 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single-family dwelling units on 2,112 acres of vacant land, 28 acres of neighborhood commercial use, 4 schools, 5 parka, an equestrian center, and preserve! ion of 4,442 acres of open space generally located north of Highland Avenue (State Route 30 ), south of the San Bernardino National Forest, west of the City of Fontana, and east of Mi1li.ken Avenue. RESCLUTION N0. 92-092 ZQQ A RESOLUTION OF THE CITY COUNCIL OF THE CITY Ok` RANCHO CUCAMONGA, CAL LFORNIA, CERTIFYING THE PZNAL ENVIRONMENTAL IHPACT AE PORT FOR THE ET'Z WANDA NOASH SPECIFIC PLAN AND AOOPTSNG THE STATEMENT OF O'JERRIDING CONSIDERATIONS CON DE TION O NV N L S ESS NT AN E 106 PLAN AHENDMENT 90-030 - CZTY OF RANCHO CVCAMONGA - A request to recommend approval cE a General Plan Amendment to provide consistency with the draft Et iwa nda North Specific Plan, prezoning approx im ateLy fi,840 acres of territory in the Rancho Cucamonga aph.ere of influence to provide Eor 3,fi13 single-family dwelling units or, 2,112 acres of vacant land, 28 acres of neighborhood commercial use, 4 schools, 5 parks, an equestrian center, and pceaervat ion of 4,442 acres of open apace generally located north of Highland Avenue (State Route 30), south of the San Bernardino National Forest, we et of the City of Fontana, and east of Milliken Avenue. RESOLUT TON N0. 92-093 2QJ A RESOLVTZON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLnN AMENDMENT NO. 90-03B~ AM EtJO ING THE LANL USE AND CIRCULATION MAPS, AND REVISING VARIOUS MAPS, AND MAKING FINDINGS IN SUPPORT THEREOF City Cov ncil Aqenda '-'-'l.J-+ Apr ii 1, 1992 11 ~ CONS IDERATION OF ENVIRONMENTAL ASSESSMENT AYD SPECIrTC S~6 PLAN 90-01 - CITY OF RANCHO CUCAMONGA - A request to recommend approval of the Et iwanda North Specific Plan, orezoning approximately 6~84'v acres of territory in the Rancho Cucamonga sphere of in Elueace to provide toz 3,613 single-t amiiy tlweiling units on 2,112 acres aE vacant lantl, 2B acres of neighborhood commercial use, 4 achoole, 5 parks, an equ eetriar. center, and preservation of 4,442 acres of open apace generally located north of Highland Avenue (St eta Rouse 30), south of the San Bernardino National Fore9tr 'Feat of the City of Fontana, and east cf Milliksn Avenue. ORDINANCE N0. 493 (first Lead irg) 230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA~ CALIFORNIA, APPROVING SPECIFIC PLAN 90-01, THE ETIWANGA NORTH SPECIFIC PLAN 3. CONSIDERATION OF ENVIRONMENTAL ASSEBSMEN'f AND ISSUANCE 27$ 0 NEGA D OR OP 5 H STORM DRAIN AND STREET RECONSTRVCTION AND WIDENING PROJECT BETWEEN FOOTHILL BOULEVARD ANO CHVACH STREET RESOLUTION NO. 92-094 279 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENV IAONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED NAVEN AVENUE STORM DRAIN AND STPEET RECONSTRUCTION AND WIDENING PROJECT BETWEEN FOOTHILL BOULEVARD AND CHURCH STREET 4. CON D V NT ASSE95MEN AND ISSUANCE 2$O OF A NEGATIVE UECLAPATION FOR THE PROPOSED HAVEN AVENUE S2 AN uTREET R CONSTRUC ION NU WIDENING PROJECT BETWEEN CHURCH STREET AND BASE LINE ROAD AND BASE LINE ROAD EAST AND WEST Oc' HAVEN AVENVE PAGE Cicy council Agentla ?.^ril 1 1992 `--'=l/-' + 12 RESOLUTICN 00. 92-095 ZHt A AESOLVTION OF THE CITY COUNCIL OF THE _i TY OF ?ANCY.O CUCAMONG A, CALIFORNIA, APPAGVING TY.E ENVIAONME NTAL ASGESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARAT. ION FOR THE PROPOSE) HAVEN AVENUE S TOAM DRAIN AND STREET RE CONS TFUCTION AND W IDEKING PROSECT BETWEEN CHURCH STREET ANO BASE LINE ROAD AND BASE LINE ROAD EAST ANO WEST OF HAVEN AVE NVE 5. CONSIDEHAT ION OF COMMUNITY CEVELOPM.ENT BLOCK GRANT Z8Z APPLICATi ON - FISCAL YEAR 1992193 PND RELATED A.NE;iDMENTH TO THE CHAS - The adoption of the Prel!minazy B[atement of Commu r.i ty Cevelopme rt Objsct fives and the Projected Vae of Funds for the Community Development Block Grant Application for Fiscal Year 7992/93, based on a grant of 5551,000.00, and related Amendments to the Comprehene five Housing Strategy to allow the Funding of Public Service Ac Y,ivit ies. (THI9 ITEM TO BH CONTINUED TO APRIL 15, 1992) 6. PVBLIC HEARINGS The following items have no legal publicat iov or postivq regv iramente, The their will opev the meeting to receive public teetimavy. 1. CONSIDERATION OF EMINEN^. DOMAIN ACTSON TO ACOVIRE PVBLIC Z83 AIGH -O -WAY FOR RA DRIVE F O ITS E%ISTING EASTER IE R.M INUS TO ROCHESTER AVENUE - Public hearing of protests regarding eminent domain action to acquire public right-of-way for Lark Drive from fire easterly terminus to Rochester Avenue at the property commonly known by Aeeeaeore Parcel Number 22'1-071-13 ,a vacant lot) for the toner ruct ion of street improvements acroaa the south property line of as id property. (Continued Ezos Ma [ch 18, 1992) RESOLUTION NO. 92-073 A AE SOLUTION OF' THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALI FOPNIA~ DF.CLA Ri NG THE PVBLIC NEED AND NECESSITY TO CONDEMN A POPTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMGNGA AND MAEI NG FS NO INGS iN SUPPORT THEREOF PAGE City Council Agenda April 1, 1992 + 13 2. C, ONSSDEAATION OF EHINE NT DOHA Ih ACTION TO ACOVSRE PCELIC P83 BHT-OF-WAY FOA LARB GRSVE FROH iT'S EXISTING EASTERLY TEPMIN'JS ^0 R--RESTER AVENUE AND THE SOU ^HWEST CORNER OF HSGHLAND AVENUE AND ROCHESTER AVFNL•E - Public hearing Of protests regarding eminent domain action to acquire public right-of-way for Lark Drive from its easterly terminus Co Rochester Avenue and the southwest corner of Highlantl Avenue and Roche star Avenue at the property located at 11881 Highland Avenue (APN 227-O1i-091 for the construction of street improvemenea acroae the south property line of said property. (COntiaued from Nercb IS, 1993) RESOLUTION NO. 92-074 A RESOLUTION OF TYE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONDEMN PORTIONS CF CERTAIN REAL PROPERTY LOCATED LN THE CITY OF RANCHO CUCAMONGA AND HARING FINDINGS IN SUPPORT THEREOF R. CITY MANAGER'S STAF- REPORTS The following items do not loge lly regnirm mny public to etimoay, •lthavgh the Cheir mey open the meeting for public input. .. CONSIDE ON O E% U E A F N L DISPOSIT ON AGREEN~Ffis CO 9 02 FL D NSURANCE V CEP SIT AGR E EN C ZR4 92-0211. AND FLOOD WALL CONSTRDCTION DEPGSIT AGREEMENT fCO 92-0227 WITH R N V.LOPM NT A A B D A F R B8 DRAINA E C T T S I 2A6 2. C N P W F PROGRAM AND APPLICABLB FOLICY RESOLUTION NO. 92-096 ~P9 A RESOLUTION OF THE CITY COUNGTL OF THE CITY OF RANCY.O CUCAMONGA, CALIFORNIA, APPROVING LMPLEMENTATiON OF ANTI-GRAFFITI PROGRAM REFERRED TO AS RANCHO CUCAMONCA'S ADOPT-A-WALL PROGRAM PAGE City Cocneil Agenda Apcil 1, 1592 ' 14 I. COVNCYL DVSINESS The following items have been requested by the City Council for diacva lion. They are not public has ring name, although the Chair may open the meetivg for public input. i. ~'j_DATE ON HOEILE HOME ORDINANCE AND AOTHORI2AT ON TO ?9S EXECUTE LETTER OF AUTHORIZATION (CO 92-0971 WITH AGASANIAN AND ASSOC iATES 2. DISCUSSION OF LI9RAAY MASTER PLAN Z97 S. IDENTIFICATION OF ITENS FOR NEIT MEETING Thin La the time for City Council to identify the items they wish to dL !coca et the next seating. Thole itess will oat be dis<uu ed et this meetivg, only ideatif ied for the next meeting. R. COMMUNICATIONS PROM TBE PVBL IC This i• the Lima sod plecs for the Several public to address the City Council. Ste4 lsw prohibits the Citp Council fros addressing say issue not previously included On the Agevds. The City Couveil may receive bstisony and ut the utter for a soh saquevt meetivg. Comments are to be limibd to five minutes per individual. L. ADJOURNMENT I, Debra J. Adam e, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accuzate copy of the foregoing agenda was p0eted on March 27, 1992, seventy-two (72) hours prior to the meeting per Government Ccde 54953 at 10500 Civic Center Drive. March 4, 1992 CITY OF AANCMO CUCAMONCA CITY COUNCIL MINUTES Recu lar Meetino A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, Harch 4, 1992, in the Council Chambers of the Ci•+ic Center, .located at 10500 Civic Center Dzive, Rancho Cucamonga, Calitern ia. The meeting was called to order at ]:OS p.m. by Mayor Dennis L. Stout. Present were Cnunc ilmembera: William J. Alexander, Chazl ea J. euquet IZ, Diane Williams, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Sack Lam, CLCy Manager; James Markman, City Attorney; Lindd D. Daniels, Deputy City Manager; Jecry 8. Pu lwood, Deputy City Manager; Rick Gomez, Community development Director; Brad Boller, City Planner; Scott Murphy, Ass oc late Planner; Joe O'Neil, City Engineer; Mike Ol iv ie c, Sr. Civil Eng loser; Jo Lynne Pe xeyrd, Integrated Waste Coordinator; Diane O'Neal, Management Analyst II; Chief Den r,is Michael, Rancho Cu camon3a Fire Protection Diat ric t; Lt. Hike Ingram, Rancho Cucamonga Police Department; and Debra J. Adams, City C1ezk. 8. ANNOllNCEMENTS PRESENTATIONS el. Honoring Joseph DiIOrio and His Contributions to the Community. Proclamation was presented to David DLIOri0. B2. presentation of 5-Year Service Pin to Kathy James and Pat Mozrison. Mayor Stout presented 5-Year Service Pins to Pat Morr loon and Aat by James. B3. Present at son of Proclamation Recognizing Marc F. as Red Cross Month. Mayor Stout presented Prcclamaticn to Judge Van Stockum, Chairman of the Red Cross Board. B4. Presentation of Pro;a amat ion Recognizing March 6-14, 1992 ae Girl Scout Week. Mayor Stout presented Proclamation to Debbie Moritz and the Girl Scovte. City Cov nc it Minates March 4, 1992 Page 2 B5. Recognition of March 7, 1992 as Arbor Day. Mayor Stout presented Proclamation. to Joe O'Neil, and mentioned that on Saturday, March 7, i0:D0 a.m., there will be a celebration in recognition cf Azbor Day. C. COMMUNICATIONS FROM TAE PUBLIC No commuaicat ion was made from the public. D. CONSENT CALENDAR Jack I.am, City Manager, .Went Toned there was a correction in the tit Le of item D12 which is as follows: Contract 89-160, the project description should Se Sapphire Parkway Renovation and Trail Retrofit. north of Hanyan Street, not the ease Line Road Heau tificat ion project; and Contract 90-073, 19th Street and Amethyst Street ie in correct. The contract number shoultl be release o[ CO 90-063, the Arrow Route Street Improvements from Center Avenue to Haven Avenue project. O1. Approval of Minutes: January 29, 1992 (eu quet absent) February 5, 1992 D2. Approval of War ra nta, Register Nos. 2/12/92 and 2/i9/92; and Payroll ending 2/1?/92 for the total amount of $1,732,389.73. D3. Approval to appropriate $5,000.00 from Deferred Revenue Account 22-236 to prepare a design study for Rochester Avenue Street Improvements north of Highland Avenue and to amend Fiscal Year 91/92 budget to inc l.u tle nppropriat ion in a Hyeteme Expenditure Account. 04. Approval of Parcel Map 13H 00, located at the southeast corner of Main Street and Reid Avenue, aubmittetl by Orrin Hrothera Constt•uct ion Company. AESOLIITION NO. 92-049 A RESOLUTION GF THE CITY COUNCIL OF THF. CITY OF RANCHO CVCAMONG A, CALIFORNIA, APPROVING PARCEL MAP NO. 13H DO D6. Approval to exem~te contracC (CO 92-013) Cor Engineering Se rvicea for Map and Plan Checking with Derb ioh, Guerra and Associates. D6. Approval to execute an Aereement for Acquisition of Security, and Depoe Lt Eor Lark Drive between its easterly terminus and Rochester Avenue Street Righte- of-Way submitted by the William i.yon Company. City Council Minutes March 4, 1492 Page 3 RESOLUTION N0. 92-038 A RESOLUTION OF THE CITY WUNCIL OF' THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN ACQUISITION AGREEMENT OF OFF-SITE PROPEP.TY, SECUP.T TY, AND DEPOSIT FOR LARM DAZVE FROM THE WILLIAM. LYON COMPANY ANO AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME [O D7. Approval to execute an Agreement for the Znstallat ion of Street Improvements and Dedication of Rights-of-Way at the southeast corner of Calaveras Ave nve and Ninth Street between the Church of The Nazarene and the City of Rancho Cucamonga. RESOLUTION NO. 92-OSG A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL: FORNTA, ACCEPTING AN AGREEMENT FOR INSTALLATION OF PUBLIC IMPROVEMENTS AND DEDICATION FROM THE CHURCH OP THE NAZARENE AND AUTHORS ZING THE MAYOR AND CITY CLERK TO SIGN THE SAME D8. Approval to execute Improvement Agreement e, Improvement 5ecurit iea for improvements to the south side of 24th Street from approximately 600 feet west of Cherry Avenue to approximately 1900 feet east of Checry Avenue, a Traffic Signal at 24th Street and Cherry Avenue, improvement to Cherry Avenue from 24th Street to the I-15 Freeway and the inetallat ion of a 30 inch water line in 26th Street eubm fitted by First City-Hu rt er'e Ridge Limited Part ne rehip in conjunction with Tract 13750 located in the City of Fontana. RESOLUTION NO. 92-051 A RESOLUTION OF TH F. CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALI FOAM A, APPROVING IMPROVEMENT AGREEMENTS, AND IMPROVEMENT SECURITIES FOR 24TH STREET, CHERRY AVENGE, TRAFFIC SIGNAL AND A 30 INCH WATER LINE IN 24TH STREET D9. Approval to accept Improvements, Release of Monde and Notice of Completion for DR D7-56, located on the southwest corner of Rorheeter Avenue and sersey HOV l@VBrd. Release: Faithful Performance Bond (Street) $904,000.00 RES OLVTION NO. 92-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALT FORNIA~ ACCEPTING THE PUBLIC IMPROVEMENTS FOR DA 87-56 AND AUTHORIZING THE F?LING OF A NOTICE OF COMPLETION FOR 'LHE WORK City Council M.i nut ea March 4, 1992 Page 4 D10. Approval to accept Improvements, Aele ass of Bonds and Notice of Completion for DA 90-05, located on the northeast corner of Hellman Avenue and 9th Street. Release: Faithful Performance Bond jBtreet) $330,000.00 RESOLUTION NO. 92-053 A RF.EOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOA DR 90-OS AND AUTHOAI T,ING TH^c FILING OF A NOTICE OF COMPLETION FOA THE WORK 011. Approval to accept Improvements, Release of Bonds and Notice of Completion for Parcel M,ap 12263, located on the southeast corner of Highland Avenue and M it iiY.en Avenue. Release: Faithful Performance Bond (Street) $336,000.00 Accept: Maintenance Guarantee Bond (Street) $ 33,600.00 RESOLUTION N0. 92-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 12263 AHD AUTHORIZING THF. FILING OF A NOTICE OP COMYLE'i ION FOR THE WORK 12. Approval to release 1lai ntenance Guarantee Bo nda £or the following Zmprovemnnt Projects: Arrow Route widening, Phase 2, CO 90-009; Highland Reconet ruction Hermosa to Mayberry, CO 90-073; and Parke Retrofit, CO 90- 022; E:. - -- - ,,, Sapphire 'Parkway RenonatiOn'and ~`riii Aetroflt north of Banyan Street, CO 89-160; Hillside Road Storm Drain, CO 90-002; 19th Street, West City Lim tts to Carne]ian Avenue, CO 90-046; }9,y1 rte === ='- ~ __ - _-•~ _, -_~-~~~ Arrow Route Street Impttrvearent from Cen6er Avenue to Haven Avenue Pro jeot; CO 90-063; 4th Street and Haven Avenue Entry Monument, CO 90-019; Amethyst Street North of 19th Street, CO 90-051; i9th BL rest, Archibald to Haven -.venuee, CO 90-i37. NOTION: Movetl by Alexander, seconded by Wright to approve the Consent Calendar as corrected. Motion carried unanimously, 5-0. E. CONSENT ORDINANCES E1. CONS IDERATIOf! OF AN ORDINANCE PERTA'aNING TO MASSAGE TECHNICIAN S~ ESTABLISHMENTS ANA SIMILAR B1IS INESSES Debra S. Adams, City Clerk, read the title of Ordinance No. 485. City Council Minutes Harch 4, 1992 Page 5 OADI NANCE NO. 485 (second reading) AN ORuINAN C5 OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 9.24 TO THE RANCHO CVCAMONGA MUNICIPAL CODS PERTAINING TO MASSAGE TECHNICIANS, ESTABLISHMENTS AND SIMILAR EVS INESSES MOTION: Moved by Williams, seconded by Buquet to waive full reading and approve Ordinance No. 485. Motion carried unanimously, 5-0. Mayor Stout stated he had previously voted no on the firer. reading of Ordinance No. 485 because he did not feel it was ready for second reading at the time. He at at ed now he has received additional informat icn from st aft and now feels comfortable voting yea. E2, CONSIDERATION OF DEVELOPMENT CODE RMENCMENT 91-OB - CITY OF RANCHO CUCAMONGA - A request to amend the definition of Massage Es[ab lishment in Section 17.02.140 of the Development Code. Debra J. Ad ame, City Clerkr read the title of Ordinance No. 4Sfi. ORDINANCE NO. 486 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 91-06, AMENDING TITLE 17, CHAPTER 17.02.140 OF THE RANCHO CUCAMONGA MUNICIPAL COLE TO REVISE TH£ DEFINITION OF MASSAGE ESTABLISHMENT, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Williams, seconded by august to waive full reading find approve Ordinance No. 486. Motion carried unanimously, 5-0. Mayor Stout stated he had previously voted no on the firer reading of Ordinance No. 48ti because he did not feel ii was ready for second reading at the time. He at ated now he has received additional information from staff and now feels comfortable voting yea. E3. CONSIDERATION TO ESTABLISH_A SPEED LIMIT OF 40 MPH ON LEt4ON AVENUE FROM HAVEN AVENUE TO HIGHLAND AVENVE AND 40 MFH ON EAST AVENUE FROM BASE LINE ROAD TO HIGHLANU AVENUE ^ebra J. Adams, city Clerk, read the title of Ordinance No. 487. City council Minot ea March 4, 1992 Page 6 ORDINANCE N0. 487 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIHITS ON CERTAIN CITY STREETS MOTION: Moved by Williams, seconded by eu quet to waive full reading and approve ordinance No. 487. Motion carried unanimously, 5-0. n ~ . ., . . F. ADVERTISED PUBLIC REARLNCS F1. CONSIDERATION TO ADOPT FINAL REPORT FOR AB 939'5 SOVACE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT Staff report presented by Diane O'Neal, Management Analyst II. Mayor Stout opened tt:e meeting for public hearing. Addressing the City Council was: Kent Crowley, the Chamber of Commerce, commended et eft and thanked the City for bringing this matter to the Chamber for their input. TSere being no further response, the public hearing was closed. Mayor Stout felt the report was easy tc understand and well written. He comme ntled the torso It ant for the report. RESOLUTION tJO. 92-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM.ONGA, CALIFORNIA, APPROV'I NG AB 939'5 FINAL REPORT FOR THE SOURCE REDUCTION AND RE CYCL?NG ELEMENT AND FINAL REPORT FOA TAE HOJJS EHOLD HAZARDOUS WASTE ELEMENT MOTZON: Moved by Bu quet, seconded by Alexander to approve Resolution No. 92-055. Motion ra rried unanimously, 5-O. F2. CONSTDERA'II CN_OF APPEAL 0[' ENVIRONMENTAL ASSFS SMENT AND CONDITIONAL USE PERMIT 91=2205HF,LL OIL - An appeal of the Planning Commie eion'e decision denying a regcest tc establis Y. a gas st a'. _cn, mini-market, and car wash on a 1..1 acre parcel ir. the Medium Residential Dee is net ion (8-14 dwellLng unite par acre) of the Terra Vista Planned Community, located at the eouthwaet corner of Baee Line Road and P.o cheater Avenue APN: 227-151-17. Staff report presented by Scott Mu r. phy, Associate Planner. Mayer Stout opened the meeting for public hearing. Addressiny tho City Council were: city Council Minutes March 4, 1994 Page 7 Heinz Lvmp, Porma, 10]90 Civic Center Drive, Suite 100, P,anche Cucamonga, presentetl information on the location of the proposed project xnd gave details to that extent. He at aced they want to bu iltl a re ighborhood serving facility. He also told about the car wash and the roue factor involved with that. Xatby Lucien, shell oil, 3281 Guast i, Suite 4A0, Ontario, stated the Planning Commission hatl questioned the number of hours they would et ay open. She presented slides showing Shell oil's stations and the fact they are open 24 hours. She also talked about crime stat iatice relating to this type of project. She also presented a video which featured safety and security for their stores. She also reported on estimated Bales tax revenue this establishment could bring to the City cf Rancho Cucamonga. Richard Major of Lewis Homes pointed out that in the staff report dated March 4, Brad Buller, City Planner, stated, "The Comm iasion determined that the proposed use would create excessive noise and an intensity ~f use which is incompa«i61e with the residential areas." He stated the minutes of the Pi.anni ng Commission indicate chat this was denied by a 3-2 vote. He also referenced various comments from the minutes matle by Peter Tolstoy as to why he voted co on this project. He continued to make comments about a report done by cordon Bracken 6 Assoc iatea ae to a roles analysis for the project which is on file in the office of the City Clerk. He at at ed the current tlaily traffic count on Base Line ie 19,000 care per day, projected to increase to 35,000 cars per day. He stated the ambient noise experienced by the current residents of the Rochester tract ie eignif icantly higher than the expected noise measured by the proposed gas station. He added the closest reside r,ce that they would build ie no closer to the noise generating sources than existing of the Rochester Tract. He felt any problems :u.it F. the Rochester tract have been mitigated and that any ne:a potential homebuyers in a Lewis Tract would know about the gas station because it will be built, He alsc added the residents of the Rochester tract have been noticed more than what was required by law regarding this project. Jce Oleaon, Lewis Homes, stated if they are successful in their appeal tonight, they request a cnang¢ in the offs ate improvem=nta ae was stated in a prey love letter to Joe O'Neil, which was pant of the Planning commisa ion staff report package. He asked that the City Council uphold the appeal. After discussion with staff and the attorney on this matter, Mr. Oleaon stated he would withdraw the request for reduction of offsite improvements until the appeal matter was reso tv ed. Mike Humphrey, Navco security, stated his ozyan izat ion works adth Shell Gil. He told about the operation and £elt Shell goes above and beyond what is required of them, and felt the City Council should approve the station. There being no Eurt her response, the public hearing was rloeed. City Council N.i nutes March 4, 1492 Page 8 • Councilmember Alexander stated he felt the landscaping does provide the necessary protection, and felt this area needed development and that it should be allowed to be built. Councilmember Buquet st ate3 he did not see anything that sheu ld keep this project from being built. He stated his concern is the noise factor for the car wash and it being allowed to be open 24 hours. Councilmember Williams stated she did not think a mini-mart would mean more crime. She et area she did not think the car wash noise would add to that which already ex iste from passing txaf Eic. She felt this would be an addition to the neighborhood. She stated she had no problem with this yoin9 in at this location. Councilmember Wright star ed she felt this project was done as well as a gas station and mini-mart could be done. She stated she did not object to the project. Mayor Scout at ated he did not think a gas station should be allowed to go in at this lccat i.on. He felt there were a lot of other to cat ions in the City that were more suitable for this rype of business. He suggested a larger center for this type of use. He felt this particular location for the proposed project would be a good target for a robbery. He felt residential neichborhooda should remain residential ne ighborhoode. Ne stated the City Council had denied a rar wash near a residential area at Lemon antl Haven prey iouely and felt this project should be denied also. CouncilmemCer Buquet et ated he was still concerned about operating a car wash from 11:00 p.m. to 5:00 a. m. He stated he was st i11 concerned about the noise levels. He felt they ahnu ld be able to proceed, with conditions placed on them relating to the car wash. Brad Euller, city Planner, stated i' the City Council upholds the appeal, it wou l.d include conditions which could r?strict hours of operation for the car wash. Councilmember 3uquet felt the hours should be restricted RESOLUTION NO. 92-056 A RESOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENY'i NG COYDITIONAL USE PERMIT NO. 91- 20, A REL UEST TO ESTABLISH A GAS STATION, MINI-MAP.AET, AND CAR WASH ON A 1.31 ACAS RARCEL IN THE MEDIUM AES IDENTIAi DESIGNATION (8-14 DWELLING UNITS oER ACRE) OF THE TERRA VISTA PLANNED COMMUNITY, LOCATEC AT THE SOUTHWEST CORNER OF EASE LINE ROAD AND ROCHESTER AVENUE, AND HARING PI NDINGS IN SUPPORT THEFEOF - APN: 227-151.-17 MOTION: Moved by Alexander, seconded by Euquet to uphold the appeal, and also restricting the hours of operation for the car wash from 11:00 p.m. to 5:00 a.m. Notion carried 4-1 (Stout no). City Council Minutes March 3, 1992 Page 9 G. PUBLIC AEARENGE ITEMS G1 AND G2 WERE CONEIDERED AT TEE SAME TIME. G1. CONSIDERATION OF EHINENT DOMAIN ACTION TC ACQUIRE PVBLIC RIGHT-OF-WAY FOR LAAY. DRIVE FROM ITS E%IETI NG EASTERLY TEAR INUE TO ROCHESTF.A AVENUE - Public hearing of protests regarding eminent domain action to acquire public right-o:- way for Lark Drive from its easterly terminus to Rochester Avenue at the property commonly known by Assessors Parcel Number 227-011-13 )a vacant lot) Eor the construction of street improvements across the south property line of said property. Staff report presented by Hike Olivier, Sr. Civ i] Engineer. Samea Markman, City Attorney, added this procedure is not to astablieh £air market value or compensations because staff will be ccnt inning with negotiations regarding th ie matter. He addetl the purooae is to establish whether this property is necessary to generate the public improvement anticipated. b'ayoz Stout opened the meeting for public hearing. Addressing the r= y Council were: Vito Devito Francesco, representing Nick Devito, inc., Mr. Ken McVey from Best, Best and Arieger was ai so with him to say a few words. Ren McVay, Best, He et and Hriegez, stated he had prepared a written at at ement to be made a part of the record. He stated the property owner obj er.T.e to tha adoption of the resolution o£ nets Betty at this time. HB st at etl the agreement pointetl out by staff, which was entered into In .lanuary 1988 bet weer. the Chaffey High School District, William Lyon Company and the city, presents a problem for the entire emirs nt domain process. He added at no time was the property owner ever given notice of the contents of the agreement. He also con-anented on the appraisal process heing in violation of case law and eminent domain law. He stated the case citation hea been given to Mr. Markman for review, He stated all they want to be able to do is say they can negotiate a deal and know they are not qo ing to pay for it in the end. Ha concluded by asking if the City does approve the Resolution, that the property owner be given at least twenty-four hou re notice before the City goes to court to apply for ordering of possession. Vito DeV i'co Francesco stated they ar.e not part of the Victoria Plan and want tc stay out of it. He et ated new a Aeso lu ti on has been passed to force him to become pact of it. He added there would be disturbance to a man who trains thoroughbreds in the area. He also felt the negotiations have been unfair as far as William Lyon Company ie concerned. He also stated he was not in favor of the aypra isal process. Ne dLd not agree with the design for traffic flow. City Cou nc i7. Hinctea March 4, 1992 Page 10 names Markman, City Attorney, atat ed there have been a number of ieeuee raise3 which he xould like to take a look at. He suggested the hearing be left open and continue the matter for two weeks. Mayor Stout asked about the roads and sign a'_ for the high school and wondered if this was postponed, would it be a burden on the conetru ction of the high school. Joe O'Neil, Cit}• Engineer, stated if this was delayed for a long period of time it would affect the high school being ready on time to open in September. He stated he did not think two weeks would be a oroblem though. He et at ed they need the right-of-way by April 1. Mayor Stout pointed out that the City did not set the location of the school, that it wag the school district that did this. RESOLUTION fi0. 92-G87 A AESOLUT ION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING THE PUBLIC NEED AND NECESSITY TO CONO EMN A PORTION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF RANCHO CUCAMONGA AIiD MAKT NG FINDINGS IN SUPPORT '1.'HEREUF MOTION: Movetl ty Alexander, seconded by Williams to continue the matter until the Narch 18, 1992 meeting. Motion carried unanimously, 5-0. . . a x . R G2. CONSIDERATION OF EMINENT DOHA IN ACTION T ACOVIRE PGEI IC RIGHT-OF-WAY FOP LARK DRIVF. FROM IT'S EXISTING EASTERLY TERMINUS TO ROCHESTER AJ'f J6 AN,Q THE SOUTHWEST CORNF,R OF HIGHLAND AVENUE AND ROCHESTER AVENUE - Public hearing of protests regarding eminent domain actnor. to acquire public right-of-way fcr Lark Drive from its easterly terminus to Rochester Avenue and the southwest corner of Yighland Avenue and Rochester Avenue at the property located at 11A81 Highland Avenue (APN 227-011-09) for the construction of street improvements across the south property line of said property. Staff report preaentetl by Mike Olivier, Sr. Oivll Sn9lneer. See Item G1 for public hearing conmene s. RESOLUTION NU. 92-058 A RES OLVTICN OF THE CI T'( COUNCIL OF THE CITY OF RANCHO CVCA 40fiGA, CALIFOANIA~ DECLARING THE PVELIC NEED AND NECESSITY TO CONDEMN PORTIONS OF CERTAIN REAL PROPERTY LOCATED 1N THE CITY OF RANCHO CUCAMONGA AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Al.e xander, ee conded by Williams to continue the matter until the March 18, 1992 meeting. Motion carried unanimously, 8•D. 1 A• v Y R City Council Minutee March 4, 1992 Yage 11 R. CITY MANApER'S STAFF REPORTE No Items Submitted. I. COVNCIL BUSINESS I1. CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE PUBLIC SAFETY COMMISSION (Orel Report) Mayoz Stout stated eight individuals were interviewed. Councilcnember Alexa rder stated hs and the Mayor were recommending Eric Siebez be appointed to the Public Safety Commission. MOTION: Moved by Alexander, seconded by Stout to appoint Eric Sieber to the Public Safety Commies ion. Motion carried unanimously, 5-0. I2. CONSIDERATION TO ADOPT MOB'LE HONE ACCORD RENEWAL CONTRACT fC0 92-0141 Staff report presented by Diane O'Neal, Management Analyst II. Councilmember Wright asked if both the owners and the residents have signed the agreement. James Markman, City Attorney, stated everyone has signed except the owners of the Pines Mobile Home Park. He added that the residents c: the Pines did sign the agreement. Mayor Steut opened the meeting for public comment. Addressing the City Council were: Julia Arie, A6A1 Foothill, Space 1]1, Caea Volante, stated the residents wanted to thank the staff, City Council Subc ~mmittee, City Attorney, etc., for working on the Accord. She told about the problems and obatac lee that occurred while reaching an agreement on the Accord. She continued with background information on this matter. She et ated they hoped that the Ordinance would be ae stringent au the Accord. Bill Echwein £u rt h, Alta Laguna owner, thanked the City for working with everyone to resolve this matter. He also thanked Diane O'Neal and Linda Daciels specifically, along with James Markman and Je Ef Ring, for all of their work on this matter. Me felt the Rccord is efficient and will continue to work for his park. Jean Ganemian, 9999 Foothi.l 1, Space ]4, Pines Mobile Mome Park, stated the pines owners have made the following suggest Lona: City Council Minutes March d, 1992 Page 12 a. Charge 1258 of the c?I. b. A cap of 258 for vacancy decontrol. c. 1-1/2 to 28 above the CPI for a two to three year period to allow for some relief of the negative impacts of the prior year'a Accord. d. Ability to Hegel Late lory term lease agreements with gerapective new tenants. She stated the residents felt. these suggestions would be a hardship on them. She asketl that the City protect them. Dee Murray stated she felt there was a need for a City ordinance to protect the people. She felt a rent ordinance would protect the people. Hill Neary, 9999 Foothill, Pines Mobile Y.ome Park, gave the hiatoty of Lhe park. Ne asked that the City Council protect them. 'There boring no further response, public comments were cloeetl. Couneilmember Buquet stated he did net th in Y, the Ord inanoe £or the Pines would be less stringent than the Accord. Couneilmember Wright atatetl she did not feel tl;e residents should have to pay for part of the capital improvements as ment ionetl in the Accord. She did not think a needs assessment was needed tc do th_ study, because the need has already been eetabliehetl. She stated she would go along with the Accord because that ie what the owners want. Couneilmember williame at sled she concurred. MOTION: Moved 6y Buquet, seconded by Alexander to approve the execution of the Accord. Motion carried ur,an imau sly, 5-0. MOTION: Moved by Buquet, seconded by Alexander directing the City Attorney to proceed with the drafting of an Ord inar.ce for those that have not signed the Accord in order to protect them. Motior. carried unanimously, 5-0. Mayer Stout asked tha[ the Pines owrere reconsider their deers ion about signLng the Accord. . • . ~ n J. IDENTIFICATION OF ITEMS FOR NE%T MEETING No items were identified for the next meeting. R. COfM1lMICATIONS FROM THE PVRLIC No communications were made from the public. ~ . w « . City Council Minutes March 4, 1992 Page 13 L. ADJOURNMENT MOTION: Moved by Wright, seconded by Alexantler to ad; ~~rn to Executive Seaeion to discuss personnel matters and property acquisit icn located north of Foothill Boulevard, south of San Bernardino Aoad, antl east of Rlu aman Avenues, owned by Cucamonga County Water District. Motion carr ie3 unanimously, 5-0. The meeting adjourned at 9:d8 p.m. Respectfully aubmiited, Debra J. Adams, CMC City Clerk Approved: February 19, 1992 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINVTES Reau lar Meetinv A. CALL TO ORDER A regular meeting of the Ran; >,o Cucamonga City Council was held on Wednesday, February 15, 1992, in the Counc rl Chambers of the Civic Center, located at 10500 Civic center Drive, Rancho Cucamcnga, California. The meeting was called to order at ]:15 p.m. by Mayor Dennis L. Stout. Present were Cou nc ilmember s: William J. Alexander, Diane Wi liiam s, Pamela J. Wright, and Mayor Dennis L. Stout. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. nanie ls, Deputy City Manager; Jerry E. Fu lwood, Deputy City Manager; Olen Jones, sr. RDA Ara lyst; Brad 9uller, City Planner; Larry Henderson, Principal Planner; Miki Rratt, Associate Planner; Joe O'Neil, City Engineer; Paul Rougeau, Traffic £nginear; Dan James, Sr. Clv it Engineer; Rat by Sorensen, Recreation Superintendent; Duane Raker, Assistant to the City Manayer; Diane O'Neal, Management Analyst I1; Susan Mickey, Management Analyst i; ChieE Dennis Michael, Rancho Cucamonga Fire Protection District; Capt. Rruce Zeiner end Lt. Joe Henry, Rancho Cucamonga Police Department; and Debra J. Adam a, City clerk. Absent was Counci lmembe r: Ch a':7 es ... Buquet II e. ANNOUNCEMENTS/FRERENTATION3 B1. Honoring Joseph DiIOr io and Hie Conerihut ions to the Community. Itom was continued to the March 4, 1992 meeting. R2. Present aC lcn of 5-year Service Pins to Mike Rratt, Pat Morrison and Cindy Nurrie. Mayor Stout made the 5-year service Pin presentation tc Miki 3rett. Pat Morrison and Cindy Norris wets not present. . x . . n + City Council Minutes February 19, 1992 Fags 2 C_ COMMUNICATIONS FROM TAE PUBLIC No communication was made from the public. D. CONSENT CALENDAR y Jack Lam, City Manager, regu ested item D11 be removed from the agenda, and in tlic ated it woultl return at a later gate. Di. Fpproval of Minutes: January 29, 7952 C2. Approval of warrants, Register Clos. 1/23/92 and 2/5/92; and Payzcll ending 1/30/92 for the total amount of 5991,828.E8. D3. Approval to receive and file current Investment Schedule as of January 31, 1992. D4. Appro•al of a Resolution to encourage a cooperative relationship between all San eeznatdim County jur.i sd icti one in the development and i.mplementat ion of projects related to AB 939. RESOLUTION N0. 92-036 A RESOLllTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, TO ENCOURAGE A COOPEP.ATIVE RELATIONSHIP BETWEEN ALL SAN BERNARDINO COUNTY LOCAL JURISDICTIONS IN THE DEVELOPMENT AND IMPLEMENTATION OF PROJECTS RELATED TO AB 939 D5. Approval of an amendment to the Community Development Block Grant Final Statement. of Community Development obiect fives and projected use of funds for the 1991/92 program year. C6. Approval to execute a Pre-CO r.demnat ion Agreement (CO 92-007) for Parcel Hap 13724 located cn the south aide of Foothill Bou ievazd, between Interstate 15 antl Et iwanda Avenue, au bm fitted by Foothill Marketplace Partners. 07. Approval to execute Land Exchange and Flood Control Improvement Inspection Agreement (CO 92-00R) between San Bernardino County Floor Control District, the city of Rancho Cucamonga, and the Ca ryn Development Company for Tract No. 13566 which is locat ed south of 24th Street and West of Cherzy Avenue. RESOLUTION N0. 92-U37 A RES OLOTION OF THE CIT1 COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LAND EXCHANGE AND FLOOD CON2ROL IMPROVEMENT INS PECT20N AGREEMENT FOR TRACT 13566 D8• Approval to execute Lise Agreement (CO 92-009) between Citrus i,ittle League and the City regarding Lou Roae Park Baseball Fields. City Council Minutes February 19, 1992 Page 3 y D9. Approval to execute contract (c0 92-GIO) with Telecommun icatione Management Corporation, Inc., for a cable televiaior. audit for an amount not to exceed $8,000.00 to be funded from Account CS-4285-6028. D10. Aporoval to award and authorize the execution for Citywide Street Tree Maintenance Agreement (CO 92-011) to Colder. Bear Arboris ts, Inc. of Monrovia in the amount cf $188,687.00 to be funded by account numbers: 01-4647-6020 ($123,C35), 40-4130-6028 ($15,522), 43-4130-6028 (53,500), 45-4130-6028 (55,430;, 46-4130-6028 ($16,000), 47-4130-6028 ($24,000) and 48-4130-6028 ($800) for Fiscal Year 1991/92. R ~. __ _ _ _ ___ _ _ ~a_,.a--.~,.aate~-ef-wep K-e....-P.-..e.~ .,..+--,.,.s--..P.-.,e.^.-F3-f N6 ..ter: D12. Approval to execute a Real Property Improvement Contract and Lien Agreement from David and Cynthia Co111ns, for an addition to a single famLly residence located on the north Bide of Red Hill Country Club Drive, east of Valle Vista Or ive (APN: 207-082-02 ). RESOLllTION P10. 92-039 A PESOLUTION OF THE CITY COUNCIL OF TIIE CLTY OF RANCHO CUCAMONGA~ CALIFORNiA, ACC F.PTI NG A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM L`AVID AND CYNTHIA COLLINS AND AUTHORIEING THE MAYOR AND CITY CLEAR TO SIGN THE SAME D13. Approval tc execute a Subordination Agreement from Ridart/Burins for their property located at 10234 4th Street. RESOLUTION NO. 92-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA~ CALIFORNIA, AFPAOVING A SUBORDINATION AGREEMENT FROM BIDAHT/SUAINA AND AUTH0RI2ING THE MAYOR AND CITY CLERE TO SIGN SAME. D14. Approval to execute an Improvement Agreement and Improvement Security for a Storm Drain in Rochester Avenue for Rancho Cucamonga Nigh School, located on the west aitle of Rochester Avenue, south of Hiyhlantl Avenue, eubmitted by The William Lyon Company. city Council Minutes February 19, 1992 Page 4 RESOLUTION NU. 92-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AL7D I MPROVEHENT SECURITY FOR A STOPM DRAIN IN ROCHESTER AVENUE FOR RANCHO CUCAMONGA HIGH SCHOOL +. D15. Approval to execute an Improvement Agreement, Improvement Securit iee and Ordering khe Anne xation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for DR 89-12, located on Feron Boulevard, Eaat of Helms Avenue, submitted by Albert W. Davies. REEOLL•T ION N0. 92-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CGCAMONGA, CALIFORNIA, APPROVING iMPROVF.MENT AGREEMENT AND IMPROVEMENT SECURITIES FOA DEVELOPMENT REVIEW NO. 89-12 RESOLUTION NO. 97-043 A RESOLUTION OF THE CITY COUNCIi OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 89-12 D/6. Approval to execute Improvement Agreement Extension for Tract 12895, located on the West side of Baker Avenue between Foothill Boulevard and Artow Route, Bohm fitted by Rancho Citiland Development. RESOLUTION NO. 92-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOtlGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TENSION AND IMPROVEMENT SECURITY FOR ':RACY 12895 D17. Approval to execute Improvement P.g reement Ext eneion for Tract 13703, locatetl on the west aide of Haven Avenue North of Banyan Street, eubmittetl by Eajima Development. AESOLt7TI ON NO. 92-045 P. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALI FOHNIA, APPROVING IMPROVEMENT AGREEMENT F.X PENSION AND IMPROVEMENT SECURITY FOR TRACT 1303 ^18. Approval to execute Improvement Agreement Extension for Tract 13738, located on the South»est corner of Almond Street and Sapphire Street, submitted by Aod fine Company. city Council Minutee February 19, 1992 Page 5 RESOLUTION NO. 92-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' RANCHO C[JCAMONGA, CALIFCRN IA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13730 y D19. Approval to execute Improvement Agreerent F.xte ns ion for Parcel Map 9498 - 4th Street Medians lec at ed on Gth street East of Haven Avenue, submitted by Reiter Rinker Gateway/Haven Gateway Partners. RESOEUTION NO. 92-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAN.ONGA, CALI FOAN IA, APPROVING IMPROVEMENT AGREEMENT EXTENSION A.ND IMPROVEMENT SECURITY FOR PARCEL MAP 9498 - 4TH STAF.ET MEDIAN D20. Approval to reduce bond Eor Tract 13273, located on the soot beast corner of Milliken Avenue cnd Mnu ntain View Drive, submitted by Lewis Homes. D21. Approval to accept improvements, release cf bonds and file a Notice Of completion for Tract 10827-2 located on the south side of Monza nita Orive between Haven Avenue and Hermosa Avenue. Release: Faithful Performance Bond (Htreet} $661,000.00 RESOLOTI Oti NO. 92-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 10827-2 AND AUTHOP.I ZING THE FI LSNG OF A NOTICE OF COMPLETION FOR THE WORT! D 22. Approval to release Maintenance Guarantee Bonds for Tract Noe. 10827, 10827-1 and 1OR27-J, located on Manzan ita Drive between Haven Avenue and Hermosa Avenue. Release: Maintenance Guarantee Hond (Street) Tract 10827 $ 35,000.00 Tcact 10827-1 $ 89,000.00 Tract 10827-3 $ 42,000.00 D7.3. Approval to reiea se Maintenance Guarantee Bond Eor Tract 13425, located on the north side of 19th Street. between Haven Avenue and Highland Avenue. Release: Moir.^_enance Guarantee Bond (Street) $ 62,300.00 MOTION: Moved by Wright, seconded by Williams to approve the Consent Calendar with the exception of Item D11. Motion carried unanimously, 4-0-1 (Buyuet abee nt). City Council Minutes February 19, 1992 Page 6 E_ CONSENT ORDINANCES r E1. CONEIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMENDMENT 91-01 - CITY OF RANCHO CUCAMONGA - A requ eat to amend the Street System Hap of the Et iwanda Specific Plan to change the portion of M111er Avenue between Etiwanda Avenue an East Avenue from a Collector to a Secontl ary Arterial. The Planning Commission recommends issuance of a Negative Declaration. Debra J. Adams, City Clerk, read the title of Ordinance No. 484. ORDINANCE NO. 484 (second reading) AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 90-C1, TO AMEND THE ETIWANDA SPECIFIC PLAN STREET SYSTEM MAP TO CHANGE THE PORTION OF HILLER AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENU£ PROH A COLLECTOR TO A SECONDARY AR'TEAIAL AND MAKING FINDINGS IN SUPPORT TNEREOP MOTION: Moved Ry Alexander, seconded by Williams [o waive full reading and approve ordinance No. 4R4. Motion carried unanimously, 4-0-1 (Buquet absent). F. ADVERTISED PV BL IC HEARINGS ITEMS F1 AND F2 WERE CONSIDERED AT THE SAME TIME. F1. CONSIDERATION OF AN ORDINANCE PERTAINING TO MASSAGE TECNt1ICIANS. ESTABLISHMENTS ACID SIMILAR HVSINESSES Staff report present ad by Duane Baker, Asaiatart to the city Manager. Mayor Stout opened the meet ins for public hearing. Addressing the City Council were: Al Meyer, 100 hear massage technician, and indicated he was also representing Eric Palmer and Jay Blasco who were also 100 hour technicians, and stated if they have to have 400 more hours of credit in order to operate, it would put them out of bus inesa. Mayor Stout asked Mr. Meyer if he works out of a shop or goes to people's homes. Mr. N.eyer stated he does both. Oale Ereery, 10055 Kiny Street, stated she has completed 165 hours of train Liy and felt r,he 500 hour ccu cse was too mart. She stated the extra training wnu ld cost her approx imare ly 52,400.00. She elated she dose Rave liability in su canes to perform her unrk. She stated 100 hours Le what moat people grade a?.e with. Counriimember Alexandar asked if there was any re-certification that ie done once you are certified. City Council Mirutee Februar}• 19, 1992 Page 7 Ha. Emery stated no. Councilmember Williams asked if the cart if icatior. was from the State. Ms. Emery stated it is tF.rough a school who is approved by the State. Suzanro Snyder, 7128 Suavnerf ie ld, felt 500 hours was too much and that that amount of hours was per State level requirements, which she added California did not have. There being no further response, the public hearing was closed. Councilmember Alexander asked if the Police Department was comfortable with this Captain Ze finer, Police Department, stated he did nor fee? additional credit hours would make a difference. Tames Markman, City Attorney, suggested that cn page 88, Section 9.24.210(e) be amended to read: "The applicant must furnish a diploma or certificate of graduation from a minimum of 100 hour course of instruction." He stated 1 and 2 could be left alone and strike 3 which was an alternative that only applied if it was set at 500 hours. Mayor Stout suggested the number of hours should go from 100 to 250 hov ra in five years and that this be included in the Ordinance. Councilmember Williams wanted to make sure that the technicians are updating or improving themselves on a continual basis. Counc iLmember Wright felt all other professionals should have to keep on improving their credentials also, i.e., hairdressers, lawyers, etc., and if they drd not, she did not think the massage technicians should have to. Mayor Stout stated he felt additional training should be requ fired to protect the consumer. James Markman, City Attorney, stated at off can talk to people at the State level and find out various criteria of training levels and bring back an amendment to change the ordinance. Councilmember ALexander stated he would go alcne with the ordinance at 100 hours, but stated he was interested in any necessary re-certification that might be suggested as an amendment. Councilmember Wright stated she did not have a pr. oblem with any future amendment as long as she could see what it will do for the consumer. Councilmember will isms felt the massage technicians nestled to keep up-to-date with the latest techn iquea. She felt this could be adopted and possibly later come back with an amendment regard iry the training requ irementa. Debra J. Adams, Ciry Clerk, read the title of Ordinance Wu. 485 City Council Minutes February 19, 1992 Page 8 ORDINANCE. NO. 4d5 (first reading) AN ORDINANCE OF THE CITY COUNCIL Oe^ THE CITY OF RANCHO CUCAHONGA, CPSIFORNIA, ADDING P. NEW CHAPTER 9.24 TO THE RANCHO CUCAM.ONGA MUNICIPAL CODE PERTAINING TO MASSAGE TECHNICIANS, ESTAELISHN.E NTS AND SIMILAR BUS?MESSES MOTION: Moved by Alexander, seconded by Wright to waive full reading of Ordinance Ho. 485. Motion carried unanimously, 4-0-1 (EUqu et absent). MOTION: Moved by Wright, seconded by Williams to set second reading for March 4, 1992 of Ordinance No. 485 as amended. M.ot ion carried 3-1-1 (Stout no, Euquet absent). Mayor Stout stated he was voting no because un le se there was consumer protection in the ordinance, he did not feel it accomplished what it was supposed to accomplish. Jack Lam, City Manager, asked that the Council give staff 30 days to bring back the information. F2. CONSIDERATION OF DEVELOPM"'NT COCE AMENDMENT 91-08 - CITY OP RANCHO CUCA.MONGA - A request to amend the definition of Massage Establishment Sn Section i7. 02.140 of the Development Code. Staff report presented by Duane Baker, Ase istant to the City Manager. See Item E1 for public hearing comments. Debra J. Adams, city Clerk, read the title of Ordinance No. SB6. ORDINANCE NO. 486 (first reading) AN ORDINANCE Or' THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOANI A, APPROVING DEVELOPMENT CODE AMENDMENT 91-08, AMENDING TITLE 1], CHAPTER 11.02,140 OF THE PANCHO CUCAltoNGA MUNICIFAL CODE TO REVISE THE DEFINITION OF MASSAGE ESTABLISHMENT, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Wright to waive full reading of Ordinance No. A86. Motion carried unanimously, 4-0-1 (BUquet. absent). MOTION: Moved by Wright, seconded by Williams to set second reading for March 4, 1992 of Ordinance No. 486. Motion carried 3-1-1 (Stout no, Du qu et absent). Mayor Stout et ated F.e was voting no because unless tnere waa consumes protection in the Ordinance, he did not feel it accomplished what it was supposed to accomplish. Jack Lam, City Manager, asked that the Cou ncll give staff 30 days to bring back the information. City Council Minutes February 19, 1992 Page 9 6. PUHLZC REARTNCS GI. CONS TDERATION TO ESTABLISH A SPEED LIMIT OF 40 MPH ON LEMON A4 NVE FROM HAVEN AVENUE TO HIGHLAND AVENUE AND 45 MPH ON EAST AVENUE FROM BASE LINE ROAD TO HIGHLAND AVENUE Staff report presented by Paul Rougeau, Traffic Engineer. Mayor Stout opened the meeting for public hear inq. There being no response, the public hearing was closed. Debra J. Adams, Cit }' Clerk, read the title of Ordinance No. 487. ORDINANCE NO. 4B~ (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCNO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 JF THE RANCHO CUCAHONGA CITY COCE REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN CITY STREETS MOTION: Mewed by Alexander, ee ecnded by Williams to waive full reading and eat second reading of Ordinance No. 48] for March d, 1992. Motion carried unanimously, 4-0-1 (BUquet absent(. R. CITY MANAGER'S STAFF REPORTS H1. REQUEST TO APPROVE EXPENDITURE OF ASSET FOR"EITURE FONDS TO FOAM POLICE BICYCLE PATROL UNIT IN RANCHO CUCAMONGA 5t aff report presented 6y Lieutenant Joe Henry, Pclice Department. Mayor Stout opened the meeting f.or public comment. There being no response, the public comments were closed. Councilmamber Williams Eelt this was a au per idea. NOTION: Moved by Stout, seconded by Alexander to approve the expenditure of sees[ forfet[u re funds to form a pollee bicycle patrcl unit in Aanche cucamonge. Motion carried unanimously, 6-0-1 (BU quet absent(. I. COUNCIL BUSINESS I1. DISCUSSION OF MAYOR'S SEiU1 Staff report presented by Duane Baker, Aaeiet ant to the city Manager. Mayor 5t out opened the meeting for public comment e. There being no response, public comments were closed. City Council Minutes February 19, 1992 Page 10 Councilmember will isms felt the Mayor's term should be concurrent with the City Councilmember's terms and did not Eeel it should be different. She felt it should go on the ballot to make the Mayor's term four years instead of two years. Councilmember Alexander stated he was also in favor of putting this matter on the November ballot. Councilmember Wright stated she also agreed that it should go on the ballot to consider the Mayor's term being made four years. MoTZON: Moved by Williams, seconded by Alexander to direct staff to prepare documentation to put on the baliot the issue of modifying the Mayor's term from two to four years. Motion carried 3-0-1-1 (BUquet absent, Stout abstained). J IDENTIFICATION OF ITEMS FOR NE%T MEETING J1. Councilmember Alexander asked for a memorandum on the progress of the amendment to the massage technician ordinance. R. CON.MIINTCAT IONS FRON THE PVRLIC No communication was made from the public. L. ADJOVRNMENT • MOTION: Moved by Wright, seconded by Williams to adjourn to Executive Seaeion co discuss the threat of litigation by the Pines Mobile Home Park. 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NhNnwNPOh•hOhOhnwmh TrONaN<° •O IZ• N nNN N N N nN PNmaNNNNNnNNMNn n YTNw mN Nmn VTT•OhhNnm<n N AN nrymMm Y w Y ^ ` • I I 1 ONOOOOhPNOe0oD04 nPPNPN JP N a mN N y r w T NWnO>O m~N.p + + T nwll el ~'1mT~nP~m m~ o oaNC.ooae cvoocvaov<<aoono ! !.. w z i ° Z V f \ • l ¢ _ b . 7 N u '+ ZN / eA PN ONT o I 2 ~ > N J P ww., ~9 I. ~~ l0 • i • el frN p6F F y rWIIN~ J V \ ~ N l r w¢ i 4 ¢ i ¢I JJ \ ¢i w i i ~•mTNUWi: ww e e l O° • f=>J ¢ NWY.w • W 6W J F/ ° °wrvJllly J5 >uVtMf¢W¢ J UNVOe>OMti'+ 0° frY F wiiw\ ZZIw xLL VONS O~WWJ20 JJWHDO2OWwfJmYw N SZt¢ YWW JONwJWWi4 ~ • •xnYein ¢IOOw ¢ u 46w WrVNNwIN Natl x Z• ¢Rw NrVZwN ¢Z>OVONO>On • f~ J00 MJJfWJ•NJJf WO7WN OOL¢VVNNJVVi¢¢ViNVJlMw¢e • N V ~ V V M •L Y[ 6 N o V ~ / / i F ¢ ; •M V i n l- sw wiz n • ° Wi x s • MO w/°..xi io `I ~ i rf ~i it n • »Jnx ••e W~+WWW!! V n • V MZ¢ n N2 °W VS O • / GZl 2t J Z l 1 l~nWOfl>W• •W!! OMY _ i •:• Zw uiOVnn NMFODOOaOx w`J ZMwhFJJZ MNJOZZYVM ~» Y f ~Z/ Fw1. 1. 1..w 99» a lfx}ZrtnNN •i• •N n¢wm~~10 oPOnTN.wNNPmo /D < mOlf ONeV /Z• • W • NNT NTTNwNNf NT N NTNNmNw />• ''I ""~~, I V - CITI' OF RANCHU Cl'CAMCINGA STAFF REPORT jj{~`~y° ~'~ , ~ 1 ~ - . DATE: April 1, 1992 T0: Mayor and Members of the City Council I Jack Lam, pICP, City Manager FROM: Ni lliam J. O'Neil, City Engineer ~~ BY: Linda Beek, Junior Civil Engineer SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING 8ID5" FOR THE ROCHESTER AVENUE STREET IMPROVEMENTS, LOCATED FROM VICTORIA PARK LANE TO HIGHLAND AVENUE, AND TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION PROJECT AT THE INTERSECTION OF HIGHLAND AND ROCHESTER AVENUES, TO BE FUNOEO FROM THE FOLLOWING ACCOUNTS: TDA, ARTICLE 8, 12- 4637-9101; TDA, LOCAL MEASURE I, 32-4637-9111; SYSTEMS, 22- 4607-9108; AND ROA, 11-50100 It is recommended that City Council approve plans and specifications for the Rochester Avenue Street Improvements, located fr=. Victoria Park Lane to Highland Avenue, and Traffic Signal and Safety Lighting Installation Pro,iect at the intersection of Highland and Rochester Avenues and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS The subJect pro,lect plans and specifications have been completed by staff and approved by the City Engineer. The Engineer's estimate for construction is 5611,850. Legal advertising is scheduled for April 7 and April 14, 1992, with the bid opening at 2:00 PM on Tuesday, May 5, 1992 Respectfully submitt d, ~' L / G~ v' Millian J. O'Neil City Engineer NJO:LB:sd Attachment RESOLUTION N0. 9~_ 0 7g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE ROCHESTER AVENUE STREET IMPROVEMENTS, LOCATED FROM VICTORIA PARK LANE TO HIGHLAND gYENUE, AND TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATION PROJECT AT THE INTERSECTION OF HIGHLAND AND ROCHESTER AVENUES IN SAID CITY qND AUTHORIZING 0.ND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE B[DS • WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Rochester Avenue Street Improvements, located from Victoria Park Lane to Highland Avenue, and ;raffle Signal and Safety Lighting Installation Prof ect at the lntersec tl on of Highland and Rochester Avenues." BE IT FURTHER RESOLVED Lhat the City Clerk is hereby authorized and directed to advertise as required by law for the recetpt of sealed bids or proposals for doing the work specified 1n the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, Cal ifornla, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 o'clock P.M. an the 5th ddy of May 1992, sealed bids or proposals for the "Rochester Avenue Street Improvements, located from Victoria Park Lane to Highland Avenue, and Traffic Signal and Safety Lighting Installation Protect at the intersection of Highland and Rochester Avenues" in said City. 61 ds will be opened and publicly read inmedlately in the office of the City Clerk, 1500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the Rochester Avenue Street Improvements, loczted from Victoria Park Lane to Highland Avenue, and Traffic Signal and Safety Lighting Installation Protect at the intersection of Highland and Rochester gvenues". PREVAILING WAGE: Notice 15 hereby given that In accordance with the provisions of California Labor Code, Division 2, Part 1, Chapter I, Articles 1 Z- and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality j,p which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Dir<_c for of the Department of Industrial Relations of the State of California is required Lo and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, upper level, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, twenty-five dollars (E25-00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman, or n•~ec hanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provi sT ons of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended 6y Chapter 971, Staiutes of 1939, and to accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeabie occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which adninisters the apprenticeship program '.n that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used 1n the performance of the contract. The ratio of apprentices to journeymen 1n such cases shall not be less than one to five except: A. When unemployment 1n the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that Tt is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered a pprentlces on all of his contracts on an annual average of not less than one apprentice Lo eight journeymen. The Contractor is required to make contributions to funds established for ~~ the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and~f other Contractors on the public works site are maxi ng such contributions. The Contractor and subcontractor under him shall comply with the requi remer.ts of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (9) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having Lo do with working hours as set forth in Di vi s7 on 2, Part 7, Chapter 1, Araicle 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars (E25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereln6efore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (R) hours in violation of said Lobar Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed to accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, ca shler's check, certi fled check, dr bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter Into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said -ash, cashier's check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shalt be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and an additional bond in an amount equal to fifty percent (50%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance df the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor w711 also be required to furnish a certificate that he carries compensation insurance covering h15 employees upon work to be done under contract which may be entered into between him and the LI said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adapted pursuant thereto at the time this contract 7s awarded. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifi ca tt ons, available at the office of the CT Ly Engineer, will be furnished upon application to the City of Rancho Cucamonga and payment of E35.00, said E3o.00 is nonrefundable. Upon written request by the bidder, copies of the plans and s pecif ica dons will be ma ll ed when said request is accompanied by payment stipulated above, together with an additional nonreimbursable payment of E15.00 to cover the cost of mailing charges and overhead. The successful Bidder will be required to enter Into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 902 of the General Provisions, as set forth 1n the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities 7n lieu of monies withheld (performance retention). The City of Rancho Cucamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this ~ day of 19 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this _ day of 19 yor ATTEST: y er ti ADVERTISE ON APRIL 7 AND APRIL 14, 1992 ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: April 1, 1992 TO: Mayor and Members of the City Council ~~ =`~~ Jack Lam, AICP, City Manager FROM: Jim Hart, Administrative Services Director SUBJECT: APPROVAL OF APPROPRIATIONS WITHIN THE SPECIAL DISTRICTS FENDS FOR A T01'AL OF $43,360 Statf recommends City Council's approval of the appropriation of funds within the Special llistricts as detailed in the report for a total of $43,360. When the fiscal year budget was adopted, funds were allocated to cover the anticipated current year's expenses. As the fiscal year has progressed, expenses in utiiities, etc., have exceeded the original projections. As a result, appropriation modifications are necessary. Current year revenues are sufficient to cover these costs, therefore, it is recommended that they be appropriated by the City Council to allow for their expenditure. The appropriation modifications are as follower Landscape Maintenance District No. 6 (Caryn Community) Fund 45-4130-1100 $2Q,000 Stroet Lighting Maintenanco District No. 1 (Arterial) Pund 55-4991-9000 $ 3,9i0 Street Lighting Maintenance District No. 2 (Locall Fund 5G-4991-9000 $ 2,880 Stroet Lighting Maintenance District No. 3 (Victoria) Fund 57-4130-8022 $16,160 Respectfully submitted, /~ _ Jim Hart Administrative Services Director JH:do ~~ i ---- - - CITE" OF Rr1NCHU C'I'('A~1(.1\GA STAFF REPORT DATE: Aptil 1, 1992 TQ Mayor and Members of the City Council Sack I.am, AICP, City Mauager FROM: Ietry B. Fulwood, Deputy City Manager SUBJECT: REFUNDING DAY CREEK MELLO-RODS DISTRICT (84-1) ~~~ ': ~--h r~ -n,f Approve a resolution of the City Council of the City of Rancho Cucamonga, California, authorizing issuance of 1992 refunding special tax bonds, delegating to the City Manager authority to determine the final pricing of the bonds, and approving the form of the bonds, bond indenture, and related docutnents pertaining to the sale and delivery of the bonds all on behalf of Community Facilities District No. 84-1, and authorizing a restated and amended loan and pledge agreement rela[ed thereto. In 1984, the City of Rancho Cucampnga formed a Mello-Roos District entitled "Day Creek Special District 841." The purpose of the disniet was to finance infrastructure for a drainage system mooing from the northernmost boundary of the City down to 4th Street. It was a joint project involving the County of San Bernardino Flood Control District, the City of Rancho Cucamonga and the Ciry of Ontario. As a part of the financing shvcture, the Redevelopment Agency agreed ro contribute towazds the debt service of the bonds the greater of $500,000.00 of the difference between actual collections and 1109'0 of debt service. Most of [he infrastmeture financed by this district has been constructed, and the County Flood Contml District is the key agency managing the conswction of much of the facility. Staff, in us continuing efftttt ro minimize vests, has explored [he possibility of refunding Day Creek's $18,000,000.00 in bonds. The down-turn in the economy has pushed interest rates down. This can equate to savings for the City. Staff requested Stone and Youngberg, underwriters, to provide a financial analysis to determine the viability of doing a refunding. All indications suggest that this would be an ideal time to do a refunding. The nominal dollar savings would be approximately $2.3 million. This would reflect a present value savings of $1,230,000.00, or an annual savings of approximately $155,000.00. These savings may be magnified more so, because no credits aze reflected in this analysis for insurance premiums. City of Rancho Cucamonga CPD No. 84.1 y 1991 Proposed Refunding --000-- Savings Report Cumulative Date Total Prior D/S Sa"in ec Savings 8/1(92 $1,698,927.08 $2,033,037.50 $334,110.42 $334,110.42 8/1/93 $1,874,962.50 $2,033,825.00 $158,862.50 $492,972.92 8/1(94 $1,875,075.00 $2,034,025.00 $158,950.00 $651,922.92 8/1/95 $1,975,575.00 $2,027,975.00 $152,400.00 $804,322.92 8/1/96 $1,876,425.00 $2,031,195.00 $154,770.00 $959,092.92 8/1/97 $1,817,130.00 $2,027,670.00 $150,540.00 $1,109,632.92 8/1/98 $1,877,165.00 $2,032,260.00 $155,093.00 $1,264,723.92 8/1/99 $,1,877,105.00 $2,028,520.00 $151,415.00 $1,416,142.92 8/1/00 $1,876,505.00 $2,031,280.00 $154,775.00 $1,570,917.92 8/1,'01 $1,879,905.00 $2,026,625.00 5146,720.00 $1,717,637.92 8/1/O2 $],876,505.00 $2,032,415.00 5155,910.00 $1,873,547.92 8/1/03 $1,876,135.00 $2,031,830.00 $155,695.00 $2,029,242.92 8/1/04 $1,877,955.00 $2,029,415.00 $151,460.00 $2,160,702.92 8/1/05 $1,876,095,00 52,029,260.00 $153,165.00 $2,333,867.92 ~~ REFUNDING DAY CREEK MELLO-BOOS DISTRICT (84.1) April 1, 1992 Page 2 According to our underwriter, the financial savings aze significant and would certainly justify a refunding. Additionally, the City's firancial advisor, Fieldman, Rolapp and Associates, also believes that this is a viable fmancing. ANALY I The Ciry's financial team has reviewed the following documentation and believes that they are in orde.--. Bond Indenture and Escrow Agreement Restated and Amended Laan and Pledge Agrcemen[ Bond Purchase Contract Authorizing the Sa]e of the Refunding Bonds ro Srone and Youngberg Preliminary l~cial Statement The proposed restated agreement requires only that the Agency contribute 100'70 of the difference between actual wllections and debt service payment Based on the fact that the bonds have a debt service reserve fund, bond counsel and underwriters fcel there is no need to contribute more than the amount actually required. No othher changes have bcen made N the agreement. lBF:jlS 92-009 ~~ RFSOTI7ITON N0. 92-~ A RESOIITEION OF T1iE CITY ~UtJCIL OF ZHE CITY OF RANCHO CUCAMONGA, CALSfURNIA, AUTHORIZING ISSL7v\CE OF 1992 REFVJDING SPECIAY, TAX PONDS, D)i'',fTA77NG 1b THE CITY MANAGER AL'1HORITY RU DET'1St[~SE THE FINAT. PRICING OF 'IiiE BONDS, AND APPROVING TfiE FORM OF TfiE BONDS, &JND IIJI?INIL'F2E, AND RF3ATID DOCCQ•SENi'^ PERTAINING TO THE SALE AND DELIVII2Y OF TF~ BONDS ALL ON BEHALF OF ~II•iUNTFY FACILITIES DISTPICT NO. ft4-1, AND AUIt10RIZIIvG A 12FSPATFD AND AMINDED ZDAN AND PLIDGE AGRESI'lE~NT RIIAT'ID THERETO W7iET2EnS, the City Council (hereinafter referred tc as the "Ia7isla- tive Deily") of the City of Rancho Cucamonga, California, (the "City"), acting as the governing Cody of Coruminity Facilities Dists'iCt No. 64-1 (the "District") conducted proceedings for the construc*_ion of certain public inq~ravemznts in the District pursuant to the terms and provisions of the "Me1lo-Roos Community Facilities Act of 19&2", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and Wt)E12RFF11s, this Legislative Body previously issued the District's Special Tax Ponds Series "A" in the original principal amount of $18,000,000.00 (the "Prior Bonds") to finance said improvements pursuant to the terms and provisions of the Act; and WHEREAS, at this time this Legislative Body, as the legislative body of the District, is desirous to refund the Prior Bonds by the issuance of the District's 1992 Refunding Special Tax Ponds (tile "Refunding Bonds"); and WHEREAS, thse has lien presented, mnsidercd and r:,ady for approval a format of the Bond Indenture aril Escra: Agreement for the Refttrcliny Dorris setting forth formal terms aril conditions relating to the issuance and sale of Refunding Bonds and the use of the proceels derived fran the sale; and WHEREAS, there has been presented and considered a form of the Restated arri Amended Iaan and Pledge Agreement between the City and the Redevelopmen*_ Agency of the City; and kHII2FIvS, there has also been presented and considered a form of }3onr1 Purchase Contract authorizing the sale of the Refunding Bonds to Stone & Youngberg, the designatEx] underwriter, it being determined that a private sale will result in a laden overall cost,; and h7472FAS, these has also been presented forms of the Pre]imirrvy Official Statement rnntainirg information including, Wt not limited to, information alnut the District and the type, terms and conditions of the Refunding Dorris. NCW, TFL~REhORE, the City Council of the city of Rancho Cucamonga does hereby resolve as follows: 1.~ Resolution No. 92-*** Page 2 RECITALS S'.S'ITON 1: Tne above recitals are true and correct. r SECTION 2: 'ibis legislative Ba7y on behalf of the District and the City does authorize the issuance of the Refundim, Bonds pursuant to the terms aryl provisiorLC of the Bond Irdenttrre, the Bond Purchase Contract and the Act. BOND INDENiLRE SECPION 3: 'ri:e Bcnd Indenture is approved substantially in the form presented, subject to modifications as necessary and as approved by the City Manager or his designee. Final approval of the Borr3 Irclenture shall be conclusively evidenced by the signature of the city Manager or his designee upon the final Bond Indenture. A ropy of the Bond Indenture shall be kept on file with the transcript of these proceedings and open for public inspection. BOND RR?(SiASE NflI47ACP SECITON 4: The Bond Purchase contract sukanitted by Stone & Yarr~gberg, the designated underwriter, is hereby approved substantially in the form presented herein, subject to madif irations as necessary and as approved by the City Manager or his designee and with the final pricing of the Refunding Bonds being delegated to the City Manager or his designee (provi.ded that rro modifications =hall authorize an aggregate principal amount of Refunding Bonds in excess of $18,000,000.00, authorize an underwriter's discount in excess of 2.25% of the principal of Refunding Bonds issued, or result in a total ref interest cost to maturity on the Refunding Bonds which, when added to the principal amount of the Refunding Bonds, exceeds the total net interest cost to maturity on the Prior Benx's plus the principal amrxnnt of the Prior Bonds to be refunded) . Accep`~ance of the final Bond Rschase Contract shall be eviderres7 by the signature of the City Manager or his designee. PP,F;C.IMINARY OFFICIAL SIATFYIDJI' SCI' ON 5: 'lhe Preliminary Official Statement is approved substantially in the form presented, suhjec,~t to modifications as necessary and as approved by the City Manager or his designee, and execution and distribution of the Preliminary Official Statement and the corresponding Official Statement is hereby authorized. The City Manager or his desigrre~e is further authori zrd to execute and deliver any certificate regarding the finality of the Preliminary Official Statement as may be necessary or appropriate for purposPS of corq>lyirg with Secticn ?.40.1~C2-12 in Chapter II cf Title 17 of the Code of Federal Ra7ulations ("Rule 15C2-12"). A copy of the Preliminnary Official Statement shall be kept on file with the transcript of these proceedings and rennin open for public inspection. ~~ Resolution No. 92-*** Page 3 r OIfQ2 ACPS SfXTIDN 6: All actions heretofore taken try the officers an3 agents of the District and the City with respect to the sale aryl ;ta+~*~ of t2re Refunding Bowls are hereby approver], confirmed and ratifis3, and the Mayor, the Chair of the Council, the City Clerk, the City Manager, any Deputy City Manager, the Administrative Services Director and the Treasurer and arty and all cther officers of the District and the City are hereby authorized and directed, for and in the name ard, on behalf of the District, to do arty and all things and take any and all actions relating to the execution and delivery of any arci all certificates, requisitions, agreements arc] other doaarents, including the ~ca-aa AgreemeiYc, whir3: they or arty of them may deem necessary or advisable in order to consuimrate the lawful issuance and delivery of the Refunding Bonds in a~rdance with this Resolution. IDAN AND PI,IDGE AGI2x~PIE :JP SECPION 7: 'ifie Restated and Amended Loan and Pledge Agreement is apprrn~ed ~+t-R+a.,tially in the form presented subject to modifications as deemed necessary by the Mayor. Final terms of the Agreement shall be amclusively eviderx~d by the signature of the Mayor, who is hereby authorizer] to execute and deliver the Agre,~pnt. PASBID, APPix7VID, aryl AODFFID this 1st day of April, 1992. AYFS: Alexarrler, Baguet, Stout, Williams NoFS: None ABSEM1T: Wright Dennis L. Stout, Mayor ATTEST: Debra J. Adams, City Clerk T, DEBRA J. ADADiS, CITY CLFRK of the City of Rancho Curamor:ga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Glrcamorga, California, at a regular meeting of sjid City Counx:il held on the 1st day of April, 1992. Executed this 2nd day of April, 1992, at Rancho CLCamonga, California. ZZ Debra J. Adams, city Clerk ------ ~ ~ -- C'IT1' OF RASCHO ('I'('AJt!1NG:1 STAFF REPORT ~~ , ~ _~ DATE: April 1, 1992 TQ Mayor and City Councilmembers FROM: Linda D. Daniels, Deputy Ci[y Manager I BY: Jan Reynolds, Assistant Redevelopment Analyst SUB]ECT: CONSIDERATION OF CONTRACTS FOR APPRAISA L AND MARKET,4BSORPTION STUDY SERVICES IN CONNECTION WITH COMMUMTY FACILi'fIES DISTRICT 91-1. RECOMMENDATION: Consideration of contracts to be awarded [o Empire Economics for completion of a market absorption study and Bruce W. Hull and Associates for completion of appraisals relating to property located within the boundaries of Community Facilities District 91-1. BACKGROUND: At the March 18, 1992 meeting, the City Council certified the election results in which 90°h of the owners of property within Community Facilities District 91-1 approved the formation of a Mello-Roos Community Facilities District, sale of bonds, and associated special tax to finance necessary public improvements. In order to proceed in a timely manner, i[ is necessary to obtain the services of an appraiser and select a firm to complete a market absorption study. ANALYSIS: The (final bond amount is the product of the final cost estimate and current interest rate. The preparation of appraisals to establish the fair market value of public right-of-way property is a necessary component in the prcparation of the final cost estimate. Based upon the appraisal and subsequent fair market value established, each non-proponent property owner within the district will be presented the option of either dedicating or selling to the district the necessary public rights-of-way, This decision on the part of the non-proponents will not only determine the final cost estimate and bond amount, but will also determine each owner's special tax. Because of the genera! economic and real estate uncertainty created by the curzent recession, Mello-Roos and other financing districts are more carefully being evaluated by prospective bond purchasers. For this reason, a market absorption study is recommended in conjunction with the appraisals in order to provide economic security for bond purchasers and to facilitate the bond sale. Request for Proposals were mailed to several specialists in the field of market studies and appraisals. Bond Counsel, City staff, Financial Advisors and the Developer reviewed all proposals submitted and have recommended Bruce W. Hull & Associates to provide appraisal services in an amount not to exceed $45,W0, and Empire Economics, under the direction of Joseph Janczyk Evans, Ph.D., to provide a market absorption study in an amount no[ to exceed E18,000. Both firms have extensive experience in Rancho Cucamonga as well as Mello-Roos financing districts in other municipalities. The appraisal and market study fees are up-front costs borne by the project proponents and will not require expenditure of City funds. Upon sale of the bonds, the proponents will be reimbursed for these fees and other fees associated with the district formation. Sincerely, Linda D. Daniels Deputy City Manager Z~ ~-- - ~- ---- -- rrrr oI~ k:~~,~cltu crc,~ull~c:k ~ STAFF REPORT _~s;^ /~,~ __ , t ~~ ~,-; r~,~ J. -~ >_ DATE: April 1 1992 ,, (' ~ , , , /~ , 2, ', T0: Mayor and Members of the City Council , ~ Jack lam, AICP, City Manager FROM: William J. O'Neil, City Engineer ' '~I BY: ~ Mike Olivier, Senior Civil Engineer ~~, I, SUBJECT: APPROVAL AND EXE CUTIOIJ OF CONTRACT CHANGE ORDER N0. 1 FOR '~ THE PROFESSIONAL SERVICES AGREEMENT Wi TH NOR RIS-REP KE INC., C.0. 91-058, NAYEN AVENUE IMPROVEMENTS , FOOTHILL BOULEVARD TO DASE LINE ROAD, TO BE FUNDED PROM IdEASURE I j !i ACCOUNT N0. 32-4637-9027 FOR 522,520 , i RECON4~NOATION Approval and execution of Change Order No. 1 for the Professional Services Agreement with Norris-Repke, Inc. Said change will increase the consulting firms contract by 522,520.00 to 5107,360.00, to be funded by Account No. 32-4637-9027. BACKGROUND/ANALYSIS On August 21, 1991, Norris-Repke, Inc. was engaged by thz City to prepare and submit to the City plans, specifications and estimates for the above-stated project. Since that time, preliminary plans have been reviewed by San Bernardino County Flood Control. Alterations to the plans are necessary as a result of Flood C.on trot's review in order to receive a permit to connect to Oeer Creek Channel. Staff has determined that the following items should be included as a part of this project: Additional design work necessary for the 9ase Line and Haven traffic siynal, curb modification at Base Line Road, and design of a retaining wall for the west side of Naven Avenue north of Church Street. Respectfully submi tta~d, \ ~ // William J. O'Neil ~~.~ City Engineer IJJ 0: M0: s d ZS CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: Aprii 1, 1992 T0: Mayor and Members of the City Council .. Jack Lam, AICP, Li ty Manager FROM: William J. O'Neil, City Engineer BY: Willie Val Buena, Assistant Engineer SUBJECT: APP ROYAL OF MA.P, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AGREEMENT FOR POSTPONEMENT OF RECORDATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, SUMMARY VACATION OF A DRAINAGE EASEMENT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 A.ND 4 FOR TRACT MAP 13298, LOCATED ON THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND MOUNTAIN VIEW DRIVE, SUBMITTED eY LEW IS DEVELOPMENT COMPANY RECOMIENDATION It is recommended that the City Council adopt the attached resolutions approving Tract 13298, accepting the Improvement Agreement, Improvement Securities, Summary Vacation of a drainage easement, Agreement for Postponement of Covenants, Conditions and Restrittions, ordering the Annexation to Landscape Maintenance District 4 and Street Lighting Maintenance District Nos. 1 and 4 and authorizing the Mayor and the City Clerk to sign said agreements and to cause Bald map and agreements to record. BACKGROUND/AIULYSIS Tract 13298, located at the southwest corner of Milliken Avenue and Mountain View Drive, in the Medium Density Residential District, was approved by the Planning Commission on Apr11 11, 1990. The vacation request for the drainage easement within Parcel 3 of Parcel Map 10295 was not included in said Resolution as the vacation was later determined necessary through the Plan Check process. The vacation is due to a new location of the storm drain easement as indicated on the attached sketch. The Developer, Lewis Development Company, is submitting an Improvement agreement and securities to guarantee the construction of the offsite improvements 1n the foilowing amounts: faithful Performance Bond: 532,600.00 Labor and Material Bond: 516,300.00 Monumentatlon Cash Bond: f 2,700.00 CITY C7JNCIL STAFF REPORT TR 13298 - LEW IS DEV CO April 1, 1992 Page 2 The Devel open is also submttti ng an Agreement to postpone the recordation of Covenants, Conditions and Restrictions because review of the CCd R's by the California Department of Real Estate will most likely result in changes to said CCR R's and cannot be accomplished prior to the requested date for recordation of the final tract map. Prior to City approval of occupancy releases, the Developer is required to submit the proposed CC6 R's with certification of approval by the Department of Reai Estate, to the City for their approval and to the Coun*.ry Recorder for recordation. A letter of approval has been received from Cucamonga County Water DT stric t. Copies of the agreements, securities and the Consent and Waiver to Annexation forth signed by the Developer are on file in the City Clerk's office. Respectfully submitted, r ~~~(- l William J. O'Neil`~~ City Engineer WJO:WV:dlw Attachments z7 -O~Q ~~ y1 O ~N1~ T,P /9?9B ,~ -~j°ARCEG 9 OF PM /0295 i a ~-- •NE{'V LOG9T/OrV Gtr EX/ST DiP~I/N/fGE E,4SEMENT TO BE I~i9G9TE0 SKETCH-NEI~Y L0~9T/ON aFD,P~9/N~GcC ES/Y/T_.~._ Svc ~_ - CITY OF RANCHO CZJCAMONGA ENGINEERING DIVISION' ITEM: Th' /298 r~T~~r, , . ~ . EXHIBIT: Z ~' RESOLUTION NG. ~_ DGD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIP., APPROVING IMPROVEMENT AGREEMENT, IMP ROYEMENT SECURITIES, AND FINAL MAP OF TRACT NO. 13298 WHEREAS, the Tentative Map of Tr:ct No. 13298, consisting of 6 lots, submitted by Lewis Development Company, Subdivider, located on the southwest corner of Milliken Avenue and Mountain View Drive, has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said tract said Subdivider has offered the Improvement Agreement together with good and sufficient Improvement Securities, and submits for approval of said Final Map. NON, THEREFORE, 8E IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: That said Improvement Agreement be and the same 1s approved and the Mayor 1s authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. Thai said Improvement Securities are accepted as good and sufficient, sub,{ect to approval as to form and content thereof by the City Attorney; and 3. That the Final Map be approved and the City Clerk is authorized to execute the certificate thereto on behalf of said City. zq RESOLUTION N0. 9~ ~ O ~ f A RESOLUTION OF THE CITY COUNCIL OF THE CITY CF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE AGREEMENT WITH LEWIS DEVELOPMENT COMPANY FOR POSTPONEMENT OF APPROVAL OF COVENANTS, CONDITIONS ANO RESTRICTIONS FOR TRACT N0. 13298 WHEREAS, the Tentative Map of Tract No. 13298, submitted by Lewis Development Company, Subdivider, located on the southwest corner of Milliken Avenue and Mountain View Drive in the Terra Vista Planned Connwnity, was conditionally approved to prepare Covenants, Conditions and Restrictions (CCd R's) in compliance with standards established by the City; and WHEREAS, to meet the requirements established as prerequisite to approval of building permits for the proposed development, said subdivider has entered into an agreement submitted herewith for approval and execution by said City of Rancho Cucamonga, California, as follows: NON, THEREFORE, THE CItt COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: 1. That said Agreement be and the same are approved and the Mayor is authorized to execute same on behalf of said City and the City Cleric is authorized to attest thereto and cause same to be recorded upon said execution. 30 RESOLUTION N0. 9a, D~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT N0. 13298 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously Formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Cade of the State of California, said special maintenance Aistrlct known and designated as Landscap_ Maintenance District No. 4, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance D15tric t; and WHEREAS, at this time the City Council 1s desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance 0lstrict; and WHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineers "Report". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLYES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby orders the annexation of the proper y as shown in Exhibit "A" and the work program areas as described in Exhibit "D" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including ~fie1 evy of all assessments, shall be applicable to the territory annexed hereunder. 31 RESOLUTION HO. 4a. ~~ 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A DRAINAGE EASEMENT WHEREAS, by Chapter 4, Article 1, Section 9333, of the Streets and Highway Code, the City Councti of the City of Rancho Cucamonga is authorized to summarily vacate a public service easement hereinafter more particularly described; and WHEREAS, the City Council found all the evidence submitted that the drainage easement shown on Parcel 3 of Parcel Map 10295 1s unnecessary for present or prospective public service purposes because it has been superseded by relocation. NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby ma es s order vacating said drainage easement which has been further described in a legal descrlptton which is attached hereto, marked Exhibit "C", and by reference made a part thereof, SECTION 2: That from and after the date the resolution 1s recorded, said drainage easement no longer constitutes a pubiic service easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolution to~ie recorded in the offtce of the County Recorder of San Bernardino County, California. 32 txraalT 'A' ASSESSMENT DIAQiRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 1 ~1 '~rG c~' .. / n~ nRxv~ i~~w \:'~ a~ / 0 _~ 1 C~ ~ ~ '~~ ~- i I I ~ ~I i ~ _' ~ ~ A c.. _-~~.r~ V i i i i~ ~' i CITY OF RANCHO CUCAMONOA COUNTY OF SAN BERNARDINO R Q 1 ~ STATE OF CALIFORNIA r,Pi~~~ EXHIBIT '8' PRDJECT NAME: 13298 + N0. OF D.U. OR ACREAGE: 7.86 ac N0. OF ASSESS. UNIT: 15.72 units STREET LIGHTING MAINTENANCE DISTRICT No. of Lamps to be Annexed District No. 08000 ~-35 TlII(f11--2T,3Dff 1 -'- --- --- --- '-- 4 '-- --- --- --' --- LANDSCAPE MAINTENANCE DISTRICT Camnunlty Turf Ground Cover Trees District No. Street Name Eguest.Tra11 Sq• ft• Sg. ft. Ea. 4 Milliken Ave. --- --- --- 55 Mountain Y1ew Dr. --- --- --- 11 Countryview Dr. --- --- --- 14 NY:4/1 /92 3 ~~ E7W IBIT ~C~ THAT PORTION OP PARCEL 3 OP PARCEL HAP H0. 10295, IN TNB CITY OPI RANCHO COCAHONGA° COVNTY OP HAN BEAtIANDINO, STATE OP CALIPORNIA, AS SHOWN ON MAP RECORDED IN PARCEL MAP BOOS 132, PAGES 2] THROUGH 29, IN TH6 OPPICE OP THE COUNTY REMRDER OP SAID COUNTY, BEING A STRTP OP LAND 20 PEET WIDE, THE CENTBALINE OP WHICH IS DESCRIBED AS FOLLOWS gel BEGINNING AT TNS SOUTHEAST CCANER OF SAID PARCEL 3, SAID CORNEAi O BEING ON THB WESTERLY NIGHT-OP-NAY OP MILLIRBN AVENUE, SAID Ipll CORNER ALSO HEING CN A CURVE CDNGVS EASTERLY HAVING A RAOIVS OP III 3,060.00 FEET, A RADIAL LING OF SAID CURVE THROUGH SAID CORNERI I ly~ BEARS SOUTH 89°19'37• WEST; THENCE NORTHERLY AIpNG SAID CURVE 13I AND WESTERLY RZGHT-OP-WAY OP MILLIBEN AVENUE THROUGH A CENTRAL „~ ANGLE OF 0°11.15', AN ARC LENGTH OP 10.01 PEBT TO THB TRUE FOINTIi 151 OP BEGINNINGI TNBNCE SOUTM 87°1E •45' WEST ALONG A LINE PARALLELI Ip WZTN AND DYSTANT 10.00 PBET NORTH OF, MEASURED AT RIGHT ANGLES, ~! 17 TO TNB SOUTHERLY LINB OP SAID YARCBL 3, A DISTANCE OP 205.08 I8 PBET TO A TANGENT CURVE C0NGV6 NORTHNSTBALY, FLIVING A RADIUS Ip' OP 45.00 P66TI TNBNCB ALONG SAID CURVE THROLGN A CENTRAL ANGLE ~, np OF 90°00'00'° AN ARC LENGTH OP 70.69 P66T; THENCE NORTH 2'41'l5" 21~ WEST 70.01 P66T TO A POINT ON TN8 NORTHBRLY LINE OP SAID PARCEL 22` 3, 9ATD POINT ALSO BEING TH6 TERMINUS OP TNB CENTERLItJE TR, OBSCRZBBO ABOVE. ~q THR BASBMENT SIDELINES AAS TO BB PROLONGED OR SHORTENED SO AS TO TERNINATB ON TH6 NORTHERLY AND EASTERLY LINES OP PARCEL 3. 281 PREPARED BY NADOLE AND A390CIATES~ INC. OP THB INLAND EMPIftE 2p J.N. 12b-E40S YAOFESSIpy MARLH 16, 1992 ,,'„`~~iS~LiO,Y ~~p9, 9/ I®/Y9 a ~ 1 1 0~ 3Y I / ~~Of CA11F~ PARCEL MAP NO. 10295 !g ( DRAINAGE EASEMENT VACATION )~ N~ N ~ .. z' ~. ro /o'~ ~ 3 I ~~ue~g ~ , ~.~, 1189 "•a i II s~ I ~,~.~, Y38 ~ 89 ~ 89 i~ { m 90 •°° °° • ,euE aunt o R•45•CO' e.'G/NN~ L• 70.69' i \ T• RS.00' 4.00•//'.y' ~..__ .. C.L. O[IST, 20' WIDE DFAINAGE Fa5@~pn• >~XH=HST ••p+• ggOFE9J/ ~~y111LTOM~~., ~~ 14 1 ~~ a J~~OF CA~~! 60' W p W 4 z N a H F v CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: .4pri1 1, 1992 T0; Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Vatbuena, Assistant Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AGREEMENT FOR POSTPONEMENT OF RECORDATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT MAP 14486, LOCATED AT 9874 AND 9892 ARRON ROUTE, EAST OF ARCHIBALD AVENUE SUBMITTED BY CEDAR VILLAS, A CALIFORNIA LIMITED PARTNERSHIP RECOMlENDATIOM It is recommended that the City Council adopt the attached resolutions approving Tract 14486, accepting the Improvement Agreement, Improvement Securities, Agreement for Postponement of Covenants, Conditions and Restrictions, ordering the Annexation to Landscape Maintenance District 1 and Street Lighting Maintenance District Nos. I and 2 and authorizing the Mayor and the City Clerk to sign said agreements and to cause sa1A map and agreements to record. BACIC6RDUMD/ANALYSIS Tract 14486, located at 9874 and 9892 Arrow Route, east of Archibald Avenue in the Medium Density Residential District, was approved by the Planning Commission on October 10, 1990 fora re5ldenN al subdivision of 35 condominium units on 3.15 acres of land. The Developer, Cedar Villas, a California Limited Partnership, is submitting an Improvement agreement and securities to guarantee the construction of Lhe offslte improvements 1n the following amounts. Faithful Performance Cash Bond: 54,400.00 Labor and Material Cash Bond: 32,200.00 Monumentatton Cash Bond: 52,450.00 Copies of the agreements and securities are available 1n the City Clerk's office. CITY COUNCIL STAFF REPORT TR 14466 - CEDAR VILLAS Apr11 1, 1992 Page 2 The Developer, is also submitting an Agreement to postpone the recordation of Covenants, Conditions and Restrictions because review of the Cr,AR's by the California Department of Real Estate will most likely result in changes to said CC&R's and cannot be accomplished prtor to the requested date for recordation of the final tract map. Prior to CTty approval of occupancy releases, the Developer is required to submit the proposed CCdR's with certification of approval by the Department of Real Estate and Bald CCS R's must be approved by the City and recorded. A letter of approval has been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file 1n the City Clerk's office. Respectfully submlttCd l _ 1 i Nill lam J. D'Neil~ City Engineer NJD:WV:diw Attachment 3~ RESOLUTION N0. ~a~p8~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IhPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND FINAL MAP OF TRACT N0. 14486 WHEREAS, the Tentative Map of Tract No. 14486, consisting of 1 lot, submitted by Cedar Y111as, a California Limited Partnership, Subdivider, located at 9874 and 9892 Arrow Route, east of Archibald Avenue, has heen submitted to the City of Rancho Cucamonga by satA Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement together With good and sufflctent Improvement Securities, and submits for approval of said Final Map. NON, THEREFORE, BE IT RESOLVED by 4he CT ty Counc ll of the C1 ty of Rancho Cucamonga, California, as follows: That said Improvement Agreement be and the same 1s approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and That said Improvement Seturltles are accepted as good and sufflctent, subject to approval as to form and content thereof by the City Attorney; and That the Final Map be aDDraved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. 3q RESOLUTION N0. 9a-~O,j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADPROVING THE AGREEMENT NITH CEDAR VILLAS, A CALIFORNIA LIMITED PARTNERSHIP FOR POSTPONEMENT OF APPROVAL OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TRACT N0. 14486 NNEREAS, the Tentative Map of Tract No. 14486, submitted by Cedar Villas, a California Limited Partnership, Subdivider, Located at 9874 and 9892 Arrow Route, east of Archibald Avenue, was conditionally approved to prepare Covenants, Conditions and Restrictions (CCER's) in compliance with standards established by the City; and NNEREAS, to meet the requirements established as prerequisite to approval of building Dermits for the proposed development, said subdivider has entered into an agreement submitted herewith for approval and execution by said City of Rancho Cucamonga, California, as follows: NOM, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES as follows: 1. That said Agreement be and the same are approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto and cause same to be recorded upon said execution. ~~ RESOLUTION N0. 9~, ~~ A RESOLUTION OF THE CITY CWNCIL GF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE 0[STRICT N0. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT N0. 14486 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972', being Division 15, Part 2 of tl~e Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 1, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 2 (hereinafter referred to as the "Maintenance District"); and MHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972' authorize the annexation of additional territory to the Maintenance District; and NHEREAS, at this time the City Council is desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance Dlstrtct; and NHEREAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOM, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLONS: SECTION 1: That the above recitals are alt true and correct. SECTION 2: That this legislative bogy hereby orders the annexation of thn property as shown in Exhibit "A" and the work program areas as descriiscd in Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including -ffieTevy of all assessments, shall be applicable to the territory annexed hereunder. y1 tAHltllf 'A' ASSESSMENT DfAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 'L J Q ~~ ~1 VI QI -~ Q~ 0 6 EA. /5Gf1L. L/G)GYDA.y/B~4rP °rr,P,aciFta,~ ~.~w~a~v~ra~ (STrPEET TREES) CITY OF RANCHO CUCAMONaA COUNTY OF SAN BERNARDINO T,P ~4Q86 STATE OF CALIFORNIA EXHIBIT 'B° PROJECT NAME: 14486 N0. OF D.U. OR ACREAGE: 3.15 ac N0. OF ASSESS. UNST: 35 units STREET LIGHTING MAINTENANCE DISTRICT No, of Lamps to be Annexed District No. ._ I -° --- --- '-- -'- 2 --- --- --- --- ___ LANDSCAPE MAINTENANCE DISTRICT Community Turf Ground Cover Trees District No. Street Name Equest.Trail SQ• ft. Sq. ft. Ea. 1 Arrow Route --- --- --- 6 N!!•4/1/92 ~3 C1:1' OF RANCHO CUCAMONGA STAFF REPORT GATE: April 1, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager ' FROM: William J. O'Neil, City Engineer BY: Joe Stofa, Jr., Associate Engineer SUBJECT: APPROVAL OF MAP, IMP ROYEMENT AGREEMENT, IMPROVEMENT SECURITY AND O ROERING THE ANNE7(ATION TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANO STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FCR TRACT N0. 14365, LOCATED SOUTH OF MOUNTAIN VIEW DRIVE ANO WEST OF MILL iK EN AVENUE, SUBMITTED BY LE4IS DEVELOPMENT COMPANY RECOMENDATION It is recommended that the City Council adopt the attached resolutions approving Tract 143fi5, accepting the subs ect agreement and security, ordering Lhe annexation tc Landscape Maintenance District No. 4 and Street Lighting Maintenance D7strict Nos. 1 and 4, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. ANALYSIS/BACK6ROIIND Tract 14365, located south of Mountain View Drive and west of Milliken Avenue, in the Terra Yista Planned Community, was approved by the Planning Commission on December 12, 1990 for the division of 5.65 acres into 41 single family lots. The Developer, Lewis Development Company, is submitting an agreement and security to guarantee the construction of the off-site Improvements in the following amounts: Faithful Performance Bond: 5262,000.00 Labor and Material Bond: E131,000.00 Monumentation Cash Bond: E 4,450.00 Copies of the agreement and secur7ty are available in the City Clerk's Office. A letter of approval has been received from Cucamonga County Water District. The fonsent and Nalver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitteQ, ~(~ C~~~~ William J. O'Nei ~,~~ City Engineer WJO/JS:dlw Attachments RESOLUTION N0. G,a• Q~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT N0. 14365 WHEREAS, the Tentative Map of Tract No. 14365 consisting of 41 lots, submitted by Lewis Development Company, Subdivider, located south of Mountain V?ew Drive and West of Mill tken Avenue, has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compl lance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdtvider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NCiI, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: That said Improvement Agreement be and the same is aDProved and the Mayor 1s authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and That said Improvement Security is accepted as good and sufflcien t, sub,i ect to approval as to form and ccntent thereof by the City Attorney; and That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of sa ld City. ~i S RESOLUTION N0. ~a,t7gg A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEI(ATiON OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 14365 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division I5, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and destgna ted as Landscape Maintenance District No. 4, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (hereinafter referred to as the "Maintenance District"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance District; and WHEREAS, at this time the City Council 1s desirous to take proceedings to annex the property described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Ma tntenance District; and NHE REAS, all of the owners of property within the territory proposed to be annexed to the Maintenance District have filed with the City Clerk their written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NOW, THEREFORE, THE LITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLYES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative bogy hereby orders the annexation of the proper y as shown Tn Exhibit "A" and the wnrk program areas as described in Exhibit "B" attached hereto to the Maintenance D15tr1ct. SECTION 3: That all future proceedings of the Maintenance District, 1nNuding~{~Tvy of a1i assessments, shall be applicable to the territory annexed hereunder. ~~ ~ ~~.~. ~~^~. ,~ A556SSR8Nf DIAGNdN LABDSCAP6 NAIIf&NdBCS DISfNICf ND. ! TRACT NO. 14365 • > ~., ~:~ ., , y~~l N~. -- 1~: -, ..~-_~ a _ ,~ , - _.; •~~~~~~ STREET TARRS CITY MAINTAIN6~ ARIAS STR~ LIQYIS ----------- 15 G. k ;. -~. ~~ ' L -' 1~ ;} _. ., i _. _-~__~ EXHIBIT 'B' PROJECT NAME: 14365 N0. OF O.U. OR ACREAGE: 41 N0. OF ASSESS. UNIT: 41 STREET LIGHTING MAINTENANCE DISTRICT No. of Lamps to be Annexed District No. ~- 95DOC I6, QOD-Z'1-,~DQif2730if 1 --- 3 --- '__ --- 4 12 --- --_ .__ --- LANDSCAPE MAINTENANCE DISTRICT Community Turf Ground Cover Trees District No. Street Name Equest.Trail Sq• ft. Sg. ft. Ea. 4 Mountain View Dr. --- 1768 5070 18 Lot "A" Palacio Ct. --- 630 --- --- Countryview Dr. --- --- --- 21 Corsica Ct. --- --- --- 21 Palacio Ct. --- --- --- I6 JS:4/1 /92 `i'~ ~- ----- - CiTY OF RANCHO CL'CANONGA -. STAFF REPORT DATE: April 1, 1992 .' T0: Mayor, and Members of the City Council Jack Lam, AILP, City Manager I FROM: William J. O'Neil, City Engineer BY: Steve M. Gilliland, Public Works Inspector III r~ SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 10246, LOCATED ON THE SOUTHNEST CORNER OF HAVEN AVENUE AND HILLSIDE ROAD, SUBMITTED BY JCR DEVELOPMENT RECOMMENDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 10246 were approved by the City Council an October, 19, 1989, 1n the following amounts: Faithful Performance Bond: f173,000 Labor and Material Bond: f 86,500 The developer, JCR Development, is requesting approval of a 12-month extension on said improvement agreement. Financial difficulty has prevented the Developer from completing the remaining improvements (utility undergrounding, landscaping, street paving and equestrian trail). Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Respectfully submit d, fi~nn,, ~G~~ Milliam J. O'Neil City Engineer WJO:SMG:sd Attachments March 10th, 1992 '~ City of Rancho Cucamonga Community Development Dept. Engineering Div. 1C300 Civic Center Dr. P. O. Boz 807 Rancho Cucamonga, Ca. 91725 Attn: Steve M. Gilliland Public Works Dept. Re: Extension of Improvement Agreement for Tract 10246 Dear Mr. Gilliland The Improvement Rgreement for Tract 10246 will soon be expired on March 18, 1992, as you aware in the past we have spend over halt million Dollars to try to have this improvement tlone, due to unforsee problems antl financial difficulty under this economic recession year, we are unable to complete within the time limit. In order to complete the remaining works, we estimate additional a quarter of million Dollars and one year time period ar• needed to be completed the following works : 1. Landscaping plan and work on the side walk. 2. Underground Utilities : Electrical by So. Calit. Edison Gas by So. Calif. Gas Co. Telephone by General Tel ephon• Co. Cable by local [able co. 3. Final grading. 4. Street paving. 5. Equestrian trait. The underground works need to b• completed prior the other can be done, we are in process contacting with the util itiee companies, due to the tinanclal difficulty during this real estate industry depressing year, we ^re sincerely requesting for an ono year time extension, we beliwe and confidence that above items will 6e completed with in one year time period, your kindly concern and prompt attention on this matter are greatly appreciated. If you should have any question please teal tree to call Cathy Hu at (BIS> 368-=9388 or Ray Wong Rt tBIB) 371-6690. sin _ mlt i _y~_ _ ~..___ l fei Sh n Hu 909 S Lotus Ave. Pasadena, GA. 91107 J RESOLUTION N0. ~~ - c'~~ 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYI NG IMPROVEMENT AGREEMENT EXTENSION AND IMPfi0VEN1ENT SECURITY FOR TRACT 10246 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on April 1, 1992, by JCR Development as developer, for the Improvement of public right-of-way adjacent to the rezl property specifically described therein, and generally located on Lhe southwest corner of Haven Avenue and Hillside Road; and NkEREAS, the installation of such improvements, described in said improvement Agreement and subject to the terms thereof, 1s to be done in conjunction with the development of said Tract 10246; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement Extension. NUN, THEREFORE, the City Council of the' City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ~I - - CITY OF RA?VCHO CC C,IMONG~1 STAFF REPORT GATE: April 1, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, CT ty Engineer BY: Steve M. Gilliland, Public Works Inspector II~ SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF 80NOS ANO NOTICE OF COMPLETION FOR TRACT 13351-1 LOCATED ON THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND TERRA VISTA PARKWAY. RECOMIEKOATION: The required street improvements for Tract 13351-1 have been completed to an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bond in the amount of 5990.00, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond in the amount of E9, 900.00. BACKGROUKD/ANALYSIS Tract 13351-1 - located on the southwest corner of Milliken Avenue and Terra Vista Parkway DEVELOPER: Lewis Homes P.O. Box 670 Upland, CA 91786 Accept: Maintenance Guarantee Bond (Street) S 990.00 Release: Faithful Performance Bond (Street) 59,900.00 Respectfully subaH~ttl~el dl_ )~,/y/J William J. O'Neil Cicy Engineer WJO:SMG:Iy Attachment RESOLUTION N0. Goa - ~ L~a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13351-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 13351-1 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Dernardlno County. 53 - CITY OF RANCHO CCCA~IO'VG.~ STAFF REPORT DATE: April 1, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer 8Y: Steve M. Gilliland, Public Works Inspector II ~~ SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF BONDS AND NOTICE OF COMPLETION Fql TRACT 13738, LOCATED AT THE SOUTHWEST CORNER OF ALMOND AND SAPPHIRE STREETS RECOMMENDATION: The requl red street and storm drain improvements for Tract 13138 have been completed in an acceptable manner, and it is recommended that City Council accept said improvements, accept the Maintenance Guarantee Bonds 1n the following amounts: Street f47,400 and Storm Drain 558.800, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds 1n the amounts of 1474,000 for street improvements and 1588,000 for storm drain improvements. BACKGROUND/ANALYSIS Tract 13738 - located on the southwest corner of Almond and Sapphire Streets DEVELOPER: Rodi ne Companies, Inc. 147 E. Olive Avenue Monrovia, CA 91016 Accept Maintenance Guarantee Bond (Street) 547,400 Maintenance Guarnatee Bond (Storm Drain) 558.800 Release: Faithful Performance Bond (Street) 1474,000 Faithful Performance Bond (Storm Drain) 1588,000 Respectfully submitte d , . /(~ ~ ~ ~ lJ~ , i 4 ., ~ U / l.z. William J. O'Ne11U City Engineer NJO:SMG:sd Attachment S'-i RESOLUTION N0. CJ~- OGJ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 13738 ANO AUTHORIZING tHE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements far Tract 13738 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is requireC to be filed, certifying the work comps ete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. S~ ORDI.NAT:CE NO. 438 AN CRDIN.ANCE OF TiIE CTPY COUNCIL OF TFfE CITY OF RANCHO CUCAFIONGA, CAI,IfORNIA, APPROVING IIdDt1SPIZIAL AREA SPEOIFIC PLAN AMPNDM.ENf' 92-01, ANII~M)IIJG FIGJRE TI-7, AND FIGURES N-1 'ItQ20IJGk{ N-19, RE.C~kRDSNG CER"PAIIv TFAZL I30UFFS AND D4~Y.WG FINDINGS IN SUPPORT I}gRD"JF A. Recitals (i) On January 22, 1992, the Planning Carmissior. of the Ciiy of Rancho NcamonKja mnducted a duly noticed public hearv~g with respect to the above-referenrnd Develr>fxnent District Amendment. Folluaing the conclusion of said public hearing, the Planning Commission adopted Resolution No. 92-15, thereby recamneiding ;tat the City Council adopt Inustrial Area Specific Plan Amendment No. 92-O1. (ii) Cn Narch 18, 1992, the City Ccur~cil of the City of Rarrho Cucamonga conducted a duly noticed public hearing and concluder said hearing prior to its adoption of this ordi~nce. (iii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance NOW, THEREFORE, the City Council of the City of Rancho CUCamcnga does hereby ordain as follvas: ~ECPION 1: 'this Council hereby specifies and finds that all of the facts set fort]i in the Recitals, Part A, of this O~inance are true and corxect. SECI'ZON 2: This Council hereby finds and certifies that the project has been revised and considered in cortq~liance with the California Envirorm~en- tal Quality Act of 1970, and further, this Council hereby issues a Negative Declaration. SECTION 3: 7fie Rancho a:camorga City Council finds as follaus: a. The subject property is suitable for the ruses pPSmittal in the proposed district in terns of amens, size, and coRgkntibility with existinr, land use in the sutrounding area; and b. Tne proposed District change would not have significant adverse irtgkacts on the environment nor the stivrauding properties; and c. Tne proposal amenchnent is in conformarroe with the General Plan. SfC.TION 4: The City council of the City of Fanaho cveamonga hereby approves Industrial Area Specific Plan AmA_idment No. 92-01, modifying Fi *se II-'/ as shay in the attached Exhibit "A"; and modifying the relatcrl SUharea maps, Figures N-1 through N-19, as shown in the attached IJShibit "B". Sf~ Ordinance Nu. 488 Page 2 SFL1'iON 5: 'ihe Mayor shall sign this Ordinance and the City Clev~c shall ause the same to Ee published within fifteen. (15) days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, aryl circulated in the City of Rancho Cucamcrga, California. S'i W ~~ Ordinance .488 1 ~ ~ '~ 3 ~ ~ ~ ~ 3 om .j ~ ~ ~ ~ ~ ~ ,n C F a ~ H ~ ¢qgy j ~ ~i{ ~ d ~ ` ~ a £ ~ O o ~ • ~ 6 D II-36 ~N'~'T `~.. Ottiinatxe No. 488 Page 4 X10. IV-t HAVEN AVENUE OVERLAY DISTRICT WDan Canbr CIRCUlAT10N ~ 140' R.0.1N. ~~ 700' R.O.W. 8b'or N.. R.O. W. RAIL SERVICE ~*'~~"~ EIIbtMq •~•••. Proposa0 TRAIl3/ROUTE9 0 0 o Pb..triM • .. • Skycla ~~'--^ R.OIDntl ~ ~u MuIU-U.a Sp.clal 9trNt.e.pa/ LanWcapinp --- PowN I.tn./ Utltky Ea..m.lK .~••'^- Cr..k. ~ CDarrlNa n Bridya Aceo. PoMIq P'. 'v.rw © Fha Station ~ u ~a' - Acrbs ~-- ~0 400'800 160E IY-L ~"l FIG. IV-2 MASTER PLAN AREAS yy MASTER PLAN AREAS fa:.r CIRCULATION t~ 120' R.O.w. essee~ 100' R.O.W. 88' or fns R.O.W. RAIL SERVICE **~* Ealstlrq .«..«. Proposed TRAILS/ROUTES _ _ c o PeEaMSn •ee• SkyeN ~-~-, Reglonsl s ~" MuRF-Use '-°'^'^ SPecNll StreltsCape/ ""^" lanMCepYp .~ PpwN Line/ Ut11Ry EesemeM ~•••~- Creeks i CDemeb ~ Br1E0e Acuu PWMs 1Perk © Fks Ststlon alo '' ~~' Aeres ©o-aoo~~oo .. _ ~,~ No. 468 Page 5 ~ "8-L" W ~,'1 Y 1' 1 O ARROW• •O~O~O O~G ~ ~+ O W .~^ a 0 n • e ~ o a tiew, a 0 dui;`." ~ AT a SF RJt. 0 ESt11 _ wNw ~ ti.t~Y w ?` Ordinance No. 488 lIt¢. 9V-~ ~u~l°c ~~L ~, 1G\ e n..~..a: x; nru ~ ~ ~ CtRCWTION - 120' R.O.W. ta>_ tar R.ow. ww~ as' a MN R.o.w. RAIL SERVICE -H"4-~'~ EsMtMq +++++.- Vraao..d 171AL{/ROIJTlS O O O O V.4..trl.n • ~ ~ • skYeN ~~~ u , , r1 , ~ AeeN. PoYIb i~ IN ~~ VV O JOO' tl00' 1600' NOb: GneN MN. an0 IDt tOnRpRNbM w Mown N pposMnatbn oMy. r•••~ c...11. a cn.lr,.r wnl' _ ~. '' ~+~- So.eW St~Ntuw.i w~.s~.,, LttnMe.pYp 'b.A1bn .POO! 71n AOplc~n Of ..M N N 1M ~ ilAtNbn a . aloMeMe RAn nhA tlIN nMr a .tlag10A OYOf ttOlA N tlN CRy MYNOt70. Ordinart~ No. 488 Page 7 FIG. IV-4 o.vl..d: vr1•rss subs CNCULATION - 120' R.O.W. ~ 100' R.O.W. ~.~~ 88' or Nff R.O.W. RAIL SERVICE ~-.{--f~--}- Exitlkiq -+++++- Proposf0 TRARS/ROUTES O O O O P~dfitryn ! ! ! ! Bk:YCN /Z.r"^r'" Rf9bnit . (~' MuftFUss '-1 ~9~ Accfff Points tr• 3 ..r •••~ Crgkf 8 Chennib PaAct Spic4i Straftscap~ .~ti Landfeapig a s~~- __ p a00' 000' 1600' ~Thf sRff shown mfY nut bf curadN own~tl nor ie Mf location ikf tpicik. T11f diplctbn of a ilia is an Nola: Parch IInN and bt conflgurfiionf ~T~ Indkatlon df i pro)retW fublfra Mid tnn mf • „ art ahown as aDlNOeimetion only. IV 22 ad~ufNd over thus ff Mf CRy d3vMOpf. ~, ciainance xo. aaa Page 8 Q i 4 t _ ~ ~ #~ _ ~ ~ > = s s j d d ~ p p W f~ G ~ + ~ o . ii ! ~ ~'r ~3 • P O Y 5 fiyxj i~ ~~ i =~ ~~ a ~~~ Eii ~~t ~~o i ~~~ ° ~ s~E ~ ~~~ -a 5' O~iriance No. 488 Page 9 F10. IV-8 ~~ vl~~~ ~C~~~~~ ~ ~ C;, ~~~ .~~^ CIRCULATION - 120' R.O.W. ~ 100' R.O.W. ~~ 88' or bsa R.O.W. RAIL SERVICE ~-~--F-F~- ExbtNg ++ttt+ Proposed TRAILS/ROUTES O O O O Pedestrian ~ ~ • • BkYel~ ///~~~ ~~~ Regional MuN!-Uaa ~vowe Special Streetscape/ .oco.,~..s„ Landscaping ...•.•......._.... Power Llrte/ Utility Easement Access Points © 0 400' 800 1800 Notr. Parcel lines and bt contiguratkne ~ "t era shown as approximation only. IV-'+~ y Rwlsed: 10/3190 ,ors Ordinance No. 488 Page 10 Y ~ _ a a°~ 3 j ~ ~ ~ - g : ~~ YYa r 3 ~ 3 e o ~ - ° s W WI° ^ o r u s i ~ ~ LL ? c W~iy ~ • 3~ t ~ I ' I I } ~ ~ s ~ _r ~CT~ Y , LLu ' ~ ~! E F 7 ~E ~~d IV-38 ~. QcdJlr']Ilce No. 488 f 10. IV^8 Page 11 CIRCULATION ~ 120' R.O.W. ~~ 100' R.O.W. 88' a lees R.O.W. RAIL SERVICE -~-^-- E:IetMa -*~-~~ Prapowd TRAILS/ROUTES . „ c c Pedeatrlan • ~ ~ • 8bycla ~ -_ Rplonel Mukl-lMa -^~^-+-~ Special StrNtaoape/ ""'^" Landecepkp ................ ...............::: PowN Llne/ Utllky EaaemeM ... ~ Creeka 6 Chemeb ~ Brbge Accue PoIMa Park © fin Station Haven Overlay '~ Dlatrlet ©o ~eeee~0~e~w lay Ict 0 ~,i is Notr. Pareel IMea end bt conllpwatbne are Mo~ h appraaknatbM only. ~, "~ ~ (. The ekes shown may not he ctwy oMnN nar la tM beatbn a1M epackk. TM dapletbn of a eke N an lndlcatbn of a progcbd • naaa Mat may be adpeted ovN thne ae tM Chy develops. IV A9 ordinance xo. 4s8 Page 12 ,;6-~d~ ~ i~ - _ve o~. 5~~ nS Y fig: io~ raj E- ~~ ~• ~~ . .~lIIF 4 ::~ '8;~~ R T~ : o 0 E E i ~ I~ ~{ #~ ~ I~ =i ~s ~' F 0~.][ s=~i 9 ^! i° '~ /, F 6 ~ E ~ 4 w '~- ~ ~ e E ~r Lb•AI S i vex YWMlH OCNllTL11 cede T_ ~' v !p i ~: ~~ ~ a Ordinance No. 488 Page 13 O <~ ~ r LL YTiY~ YL9W ~„ m ~! ~ ~$ C ~ i P~ 3~~~ ~~ T p ~ ~ ~~ ~~~~ s ~:~ i i y wgyy i ~ r ~I~~ ~~ n i a ~~ ~~ a~ ~. ~s ~~~ a~; ~~~ ~•~ i!i]/i~ ~~i ~ „~ l~o„ ~ ~ ~ ~~ $ IV-53 OrdL~ance No. 488 Page 14 y~ry~ '/ LJ ~ /~ ~I S= tl ~3 ; ~ ~ L ; ft f 4 i ~q ? 1 ~ S ~ jj ~ ~ ! a a ~ F {g ~~ 4 t i ~ 1 ty s4 ~ F E ~ = n `l # 3 ~ [ (((((( }, ~ ~ ~ 3 ~ =e i 8 "a Y ~ P i t f • O ~• O • J J ~ ~ w ~ B ®yJ[ 8 a 8 ~ ' ~ i h BS-AI W~ T 4~ ~^ Q ~~ L ~. ~ j ordinance No, asa Page 15 3 ~ c i s e i 3 b{ ?~ ~ e ~ ~ ~ 6'~ ~ u :=• r ~~ ®® ~U ~i ~~ dE ~~ ~~~ ~~d Ei~ ~;~ t;~ 5sE 9dE ~~t OL231IlaIN~ Nc noo Page 1G e ~yy 4~ H~ M - O LL d 3 i i 3{3 3 R $ 7 ~~ +~ ~ i~ ~. ~3 ~ j Y 1 i [V-66 b Y ~~ 3y ~8~ ~~~ Eft ~~~ ~~~ ~~~ "8-13~~ ~• OL'AI ~-'1*~ar~oe No. 488 ~~ ~~~ qxS S gg~ ~L~ ~r~ ~SY ~~~ ~~ rE~ [~ ~~ r~ ~rt ._~. v . ~ ~~ s t f _. ~ L ~ { Ordinance No .488 Page 18 06 Z 5 'D+~!~+ytla X0091 X00@ ,004 fT ~~ sau}od ssaooy iww•se3 13!1130 /aUll 1•MO~I .................... Buldsospuel '~vo. /•dsasis•gg le}oadg ww.~., •sfl-RInW B ~~ Isuol Od olalolg • • ~ • uaNisaPOd O O O O 53100F!/SIIV!!1 posodoid ++~-+-f•} BWlsiz3 -1--F-~--F-~ 301Atl3S lltltl •M•O•y seN io .S8 ~ss~ 'M'O'd ,OOI ~ 'M'0'tl.OtL NOIltll00tl10 ~l .~ 8L AI .Rryo uoliewfzordde se uMOys aye surniern6yuoo 3M Pue sauy la»ed :a3oN 9l-AI 'DI! { 07 C '' T O[dirrvice No. 488 Page 19 1 ~ „~ a a Y LL ~IIII ~.'.. f ;~Tpa i b 1 Y vygE i~ L =y kd ~S iY i ~~ 5 ~Byy $ ~l i ES { 8~ s ~'$ ~ °'8 : ~~~ ~ ;~E ~~i -~ a ~l . I Y-801 oxdirunoe No. 488 Page 20 B8-AI ~: v; i Z s w ~ i i ~ ~ ~ ~~ o o r ~ ~ ~ y I '~ n F E i i i ~r .i. IV-1 B ~_ _ _ _ __ _ _~ - Ordirtiance No. 488 Page 21 r CIRCULATION TRAILS/ROUTES 720' R.O.W. O O O O Pedeetrlen ~•••~ Craeke 6 Channels ~ 100' R.O.W. ~ ~ • • BICYCN ~~ 88' or lase R.O.W. / ~ ( J~~ v Mut i~Usa ~ Parkt RAIL SERVICE ~J ~-1-}-}-}- Existing f 1 Brldge ~p~ Spacial Streetacape.' •+++++- Proposed r""^^-w Landscaping ~ Aeesas Poinb © 0 400' 800' 7600r tThe sites shown may not 6e curremty owned nor is the 7 bcatbn sks apecAC. TM depictbn of a aka is an ~j Note: Parcel lines and bt conligwatbna FMfcatlon of a projected Nbxe need that may be ij ' are shown as a pproximation only. adjusted over time as the City develops. d~ i ~-~~ IV-o5 G Ordinance No. 9&8 Page 22 FIG. lV-19 APPO. i I I rlrtX Y tl A EI N CIII<UTATIOM iMLLL P01R0 ~ I l0' P O W, /NPEyyn ~ ~ CIW/ E CIINYY ~ 100 POW •YC• EICYCM WWA !!' ar bu R,O, W. IINIWI Nu(1 ~ Aac//A /eMA PAII SEPVICE N lbNlttp/r W ~~•~- EtlN M LN itlA MVrE ONA~ .. %OPOIN /PAN lMr NIEIY EIEPrMnI MaN: IrNCN MY YM bl eMlllvNbnY M/ lM~n tl/ ppol4Mlbn nI1 1M MN Nn~n mYY rWl M ewwry y~~ y~ ~~ rr iA/ tlpkHan el Y N1E 4 En MIYNbn a Mi tlpeNelN MYI MN PMf M M~ ~~ --OO' tl00' ~l00' ~~ I tlIuNN mN tMN /Y IM CITY NeNOM. IV-99 ORDINANCE NO. 489 AN ORIJIIUWCE OF ?FLE CITY N:INCIL OF THE CITY OF RANQIO CUCAhi(k7GA, CA.T.TFORNIA, AP°ROVIIJG E'PIl4ANDA SPECIFIC PL4N AhID~Nt' 92-O1, AhffTiDING FIGURE 5-18, AND FIGURES 5-20 "ii-II20(JC3[ 5-40, RD".~ARDLNG CFITPAITi TRAIL RO[7PFS AND AN~TIDLYG ARITCLE 5.33.200 REGAPDL'4G CLMhI[JNI'IY TReSLS, AND NIPSCING FaT'DIhGS IN SUPPOX3' `Td.F2DJF A. Recitals. (i) On January- 22, 199?-, the Planning CwR0.ission of the City of Rancho Cucamonga conducted a duly noticed public hearing' with respect to the above-referenced Develolanent District AmenrA,ient. Following the conclusion of said public hearing, the Planing Cocmnission adopted Resolution No. 92-15, thereby recm.,,mendiy that the City Council adopt Etixarda Specific Plan A`w,Jxl'rc.-1t No. 92-Oi. (ii) On March l8, 1992, the City Council of the City of Rancho Cucamonga conducted a duly ncticed public hearing and concluded said hearing prior to its adoption of this ordinance. (iii) All legal prerr~7uisites prior to the adoption of this Ordinance have occu_~ed. B. Ordinance. NOV7, TiEY2EF0RE, the City Council of the City of Rancho Ncamonga does heretry ordain as follows: SECTION 1: 'This Council hPi eby specifies and finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SYKTTON 2: 'this Council hereby finds and certifies that the project has been revised and considered in o~liance with 'the California Fhviroramntal Quality Act of 1970, and further, this Council hereby issues a Negative Declaration. SFS-`PTON 3: 'The Rancho Cucamonga City Council finds as follows a. the subject property is suitable for the uses permitted in the proposed district in terms of aa:esss, size, and canq~atibility with existing land use in the surrounding area; and b. The proposed District change would not have si.gnifirant advex~ iiry~acts on the environment ncr the surrounding properties; and c. Tie proposed att~elxtrent is i.n cxmformance with the General Plan. SECTION_ 4: The city Conuncil of the city of Rancho Cucamonga hereby approves Etiwanda Specific Plan AmerxLnent 92-01, modifying Figure 5-18 as shotm in the attached fFChibit "A"; modifying the related street cross sections, Figures 5-20 through 5-no, as sho..n in the attached Exhibit "C"; and modifying Article 5.33.200 as shc»m in the attached Ex}!ibit "B". ~~ Ocdir~ance No. 469 Page 2 SF.CP7G4J 5: the Mayor shall sign this rndinance and the city clerk shall cause the sane to be oublisha-3 within fifteen (15) days after its nab at least once in the Inlerd Valley Daily Failletin, a newspaper of general circulation published in the City of Ontario, California, and cizculatad in the city of Rarx-ho Cucanorcla, California. 1~ Ordinance :10. 489 \ Page 3 / ~~~/ ~ //, /~ r , _. -_- i ~i %••••• Equestrlen Tralls Bike Lane' or Bike Route` (On Pavement Shoulder) Bike Path (In parkway) ;, Foothill Boulevard Specific Plan Con~uM Tnll InpNeMMNIon Plan COMMUNITY 5-18 TRAILS ~~ orcli.naixe No. 4a9 ~a 5.33 TRAILS AND WALKWAYS .100 Intent ~ It is the intent o[ this article to provide apprepriate standards for the development of en integrated end continuous system of pedestrian, bicycle, and equestrian trails and walkways' consisting ot: - Community maintained Comm~mlty Ttai10. - Privately maintained Peeler Trsib end Gtaenwavel etM - Publicly maintained PabBc Sfdewa8p. .200 Community Trails .201 Community Equestrian Treils shall be developed in locations specified in Plgure 5-18. Design Standards shall .be consistent with Cirywide standards es contained m the Troll implementation Plan. .202 community Bicycle 'hall ImprovemenU shall be developed in locetloro specified In Pigure 5-18. Such bicycle troll improvemenb shall be eonaistent with street cross-seettone, Ptg. s-20 mrough s-4o. Design StaMaeds shell tie eanalstent with Citywide standards u contained In the TreB Irnplementntion Plan. .203 ('.ommuniry Niktrg Trail Improvements shell be provided (n locutions specified in Ptgure 5-19. Design 3tandetds shell be consistent with Citywide standards as contained N the Trail Implementation Plan. No hiking trail improvemenU shall be necessary where used In conyunetlon with equestrian trail improvements. s-33 ~~ u~L1~ T 1 ~'~/, 8~ Ordinance No. 489 Page 5 Article 5.33 -Trails & Walkways .300 Feeder Trails .301 Peeder Trails: Feedee trails [or equestrian use shall be requited as e conditlon of project eppeovai [n the EQ/OL Dbtrlet. Such trails shall be located within easements, and shall be designed to provide access to ewh lot or site intended [or equestrian use. .302 Design Criteria: At a minimum, each development should provide at least one connection ecraes the project site, with the intention of proWding n rntKinuous system of equestrian Feeder Trails. The desJgn of such trails shall be tresed on Citywide Peeder Trail standsrde, proWded Nnt such trolls may be combined with optional provWOro for Dieycle end pedestrian use, per Section .400 below. 5-34 e~z ~K~~~r ~,g_/,I Ozdinarroe No. 489 Page 6 ~~ l~ppcc !o rta~ ViclO.u PG, ti bike ~~ lalae 5 ~ b ~k~e lake ~~ ~ i ,~ ixo Row BASELINE ROAD FIG. 5-21 9' -~ ,1 ~~ ~3 ~• ARROW RpUTE FiG. 5-20 Oxdinarioe No. 489 Page 7 a~sctalnE :~ Td.C' ..'~~ W IL "s S b-k~ _'~': ~~~, / lake \ \\ ~~ - >r i ~+mvumnen~ ~ ma}~: ~;ry-wd¢ s+areare~ ETIWANDA AVENUE South of Foothill FIG. 5-22 S '~ r _ 4 V~~ t4 1 x ~$ ~. 1r r«ml.ry~ k ~ ~.~ . ~ r,~~ ,. IFi~,9 •.u,f r a. ,J {9~~cC r.,~ /~1PU FIB ~ ~ ~. .~ f,'. .~.. ,a - 3' I!' 61' ~ I)~ 19' ~ . ooeca xkbziis IW .cw specxi xlbdcns ~ reowrtd ~ ~ redulrrd ETIWANDA AVENUE South of Baseline FIG. 5-23 8~ OidinanCe No. 489 Page 8 ~--~, :- -.:,x r ,.~ $U [- r^ J ~'~. ~~ soec a'. x:LiKS ee'aow ~ epr~.a( xk6acRS'~ rea.~ra] ~ rep+wred ~ h'ke ~' ~I>tl7a `Plant Lr/2 ,~An~ n .ten ra,.5 -~'" ~ .• .ysl5}. ~~ ~ .i ~~' ;. ~/~ ,~ `: ~~+~ S R~~ wrnere TT~~ are. n~ ,~~ Palms e~ri. +r.r¢• ~~~ V / I ~ Intor.^Z 11 ~~~ L~~YK TO{ ~~ . i I~ .,YJ ~_~ ~~ NI k ~J ~~_ 12' •eaoirm ETIWANDA AVENUE North of SPRR/South of Summit FIG. 5-24 F~"4 eXiotp1s 7~Y Si PK Od 5 [rra mkt.xv ., j. ~ WiNt rlfi ~Paen \ :rrtorr~~ o ClD~ A rK ,r'n L ~7, ~• ~%~ 4\Planfl`iu! ,;,r/ ryre<e~~ ;? ,114 ~ ~~ i/r \a Pu-Fl~. U?24 ' ~U y~ ~l r i, ,/~,`~ `;2V I r-! I +; > ~ ~k n " I! '1"' /GUrb~ Lurbe~ 1~. + W SI _ t~z' ~ ~~C~!^~ 1 m.w a~~1~v +~e~~..sbcu.e..~di~ ~~, e~ I ETIWANDA AVENUE North of 8aaeline /South of SPRR FIG. 5-25 OLdillcvice No. 489 paw y "n'Cr'^'III \ ..C!1 1 ~ _ tC I ~ 'fit v `f 'IZG'V. YJ a br c ~~ S~ , p 'Ilse . ~ d b' ^o^~' I: ~! ro ~ ' i,, ,y ~ .. 5tlewdlK or Ya~l~ E w.. ~.~. crow.-,ss4rkian ~ t 0 y ^' + t t J ,[~ `-' Rock curb street }reee, vanes °' per erase sreEians s u a r ~\-'~./ c~ Et~wari~a Ave IGancept for ETIWANaA AVENUE STREETSCAPE Planting Guidelines greet trcesGn in:blic f~Ow): Per Grass-sos~lon f trce ~h~ule Front yardtreea:lnfcrmalmixtypec~o( ndonPl9na,FMcn~liPine) i free min./zo of from%e ZS~c1' tree ~~I~ z9°Fbx~IZe all o~heri'rees shall be Is aa~ min, Frcni yard Iare~scapinE' ohall be supPlemente.~ by a~yr~od/r/~ale sh~~`-`- ,/ 0 cjrcuna,~..er fiJ~/l~~~T C~`f /, gc~ FIG. 5-26 Old.11tIt1R. No. 489 Page 10 ~' k ~ P0. t ~tt~ Lyc~ /~ ~t a y,Fe m ~. ~~.-al t~4T ~ ' ~t ./a /" , ' ~ GT ~ al ~ ~ ~~as S, ~ / ,'e~t m / `` _, r .~ rts.r~, - j - u ~ ` ~ ~ ~ ~ !~ ~ II66 ~~ h ~aa' Y s I ~~ Y.dKhJ G.' ~tOrV 'i SW.NI !~.<(bx6' 'C9'.d5 fC9YiYm ETIWANDA AVENUE North Of Summit FIG. 5-27 EAST AV WALL L~ it«ri~.a OetoWr 1919 ewse..eNT EAST AVENUE FIG. 5-28 87 N ~(, G - 5 OLduiar~ No. 489 .~ --, _ Page 11 ' r ^~ Tr errec: kraa % :o ~;cn G vic'oru ~c f ''j ~' > `-': ~ i~ '~ i it s i i' » ! ,' i 4 ~. ae uow MILLER AVENUE East of Etiwanda Ave. FIG. 5-29 r MILLER AVENUE Wsst of I.15 FIG. 5-30 Ocdit~anee No. 489 Page 12 ~;~~~ ry,re~Ho ~typ ~~ ~~ ~,~ , ~: ~ Palms G4s~ bNns:rB T ~ ii w ~ /~i"i~~ ,A \~~ { *\.Y'~ 5 ~~~ /Y b.Ite '1 ~ ~~X / bs-mn+g ~J r - --• Lao..k ~o ~~H, ~ RoW HLGHLAND AVENUE FIG. 5-31 f~ ~`~ 9m1 type, e ~' gees ~, ~ ; ~~~~s ~{~ '~~ ~`! 1,, 1. ? T '1 . ~,~, t .~ ~ ` r I ~a.:Y ,i' !> > ox~ ~ ~~' !L' VdYim ~ ~ ~Ndl'ml Lo' ]C' 9"+MWO ' 'r 1'J7 ROW 24TH. STREET PARKWAY (west of ~ooP) FIG. 5-32 8~' „G_~„ ~• Ordinance No. 489 page 13 5:~'.wc. ti-~- _ "~{.1'l~+v- d `.--M'Y__` ~ _- ~~~~.._;`l`~k sue`` /• ._ _S .~~ ~ ~ ~ CSI V ~ I 24TH. STREET PARKWAY Planting Guidelines st ~ t 4ret~ (in psdii~ ~C".rl: oer cress-s~e~ion i tr!e sc^~~su•~ t,reeA ',spa' sari oer ;acs s-41 r- ~'c,!. B, s c~i ~~an: ,.,~S:c•s 14 :^cee onr ~3c. -a4 .~Z Yee. G. ,5~a, o,.'n: ,.~_~~~ters _ Btr~'s cer n3c-. 4 r„Y 1`'t`T!! D. ~=~'~ Want n ~.u5et5, ~ 11 tr¢es cer 7*c> ~~'~~ W =,c.3~ ~:~nt 8' o.e. 7er xct~cn °. 91.sc~ .-~;-~:ccv~s °r~~~ 02 Suool!m!nt^~ ~c~ .wvrc cries;.,! ~nr~kK: _ / /~ uC, ~ i/ ~~' FIG.5-33 y _~. ~f,) i f~~ ~--~ ~ ~ Or3inance No. 489 Page 14 ~~~~ ~, ~w,..,M- ~; ~~ak4~;~ i4 LOOP Betaaeen 24th and I-15 FIG. 5-34 N ~;_ ~. ~~ ~~ A T~-a 3' S; W i ~" w ~ ~ pa th 24TH STREET eeta~aet Loop and CMrey FIG.5-35A 1 . North side of par~.way, 20' ROW with 1 ' ¢siuaseri.an trail, 2. South side of yar(eway, 14' ROW wilt. ~ 6itwway, Except 6etwrsrt Loop and San Sevaine Wash: a~ Nortf- side parG.way t2' right-oJ-way witft the traU. [otated, in adjaccns [attdscaped tot; Except across Sara Sevtains Wash; a) rtortk aids and south aids parfi,ways Wray narrow across box cutvert, but not teas than right-oJ-way Jor emits. C( O[dirunoe Hn. 489 Page 15 Iwgs GdwM.~.s Typ. A \ n wNr~tu W ind+ow 6~1e ~~~ e1J c~~rorla~ P N ~ gh~ke $ bike / ~/U1E j 0.Ne \ J 64~ RoW 2aTH STREET B~tw~~n CMrry i 1-15 FIG. 5-3SB C' A 1. Landscape the flood controC easement, on the west side o f Cherry slvenue, to the top of the berm. 9Z ~'~' "G '/0 ~. CHERRY AVENUE FIG. 5-36 Oidi~nce No. 489 Page 16 VICTORIA AVENUE West of East Avs. FIG. a-38 VICTORIA AVENUE East of Eaat Ave. FAG, 5-37 Orduiance No. 489 Page 17 r'ti ii wiMrw `I ~brkrS~ ~ v~/: FIG. 5-40 SUMMIT AVENUE FIG. 5-39 SUMMIT AVENUE Eaet of East Etiwanda Creek ORDINANCE N0. 490 AN ORDINANCE OF THE CTT'Y COUNCIL OF Tim CITY OF RANCHO CUCAtRON(',A, CAT.TfDRNIA, AUTHORIZING THE LE~IY OF A SPfX,7N. TAX IN A CCt4+l[R7ITY FACILii'If5 DIS[12ICI a WtII•RFAS, the City Council of the City of Rantho Cvcamotga (herein after referred to as the "legislative kxdy of the local Agency"), has initiatPCi proceedings, held a public hearing, mrducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a owmrtunity facilities district, all as authorized pursuant to the terms and provisions of the 'T7ellc-Roos Caram~nity Facilities Pct of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 cf the GOVernment CVde of the State of California (hereinafter referred to as the "Act"). 'this Community Facilities District shall h_reirwfter be referred to as Ca+A7[A7iTY FP.CILTTIFS DISPRiCP NO. 91-1 (VICIOPSA UNITY) (hereinafter referred to as the "District")) aid NGW, 'iHFRFt~RE, the City Council of the City of Rancho Cucamoiga dons hereby ordain as follows: SEGTTON 1: That the above recitals are all true and correct. SFX'fION 2: 'Ifiat this legislative body does, by the s;~< of this ordinance, authorize the levy of special taxes at the rate and formula as set forth in EJthibit "A" attachFx3 hereto, referenced and so inmrporatad. SfS,TIgN 3: That this legislative body is hereby further authorized, by Resolution, to determine the specific special tax rate and amount to lie levied for the then current tax year or future tax years, except that the special tax rate to be levied shall not exceed that as set forth above, tut the special tax may be levied at a loner rate. SECTION 4: The proceeds of the above authorized and levied special tax may only Ce used to pay, i.n whole or in part, the costs of the following, in the following onler of priority: A. Pay Went of principal of and interest on any outstanding authorizer] brnmder] indebtednPSS; and II. Necessary replenishment cf bond reserve funds or other reserve funds; and C. Payment of costs and expenses of authorize] public facilities, services, and incidental expenses pursuant to the Act; and D. Repayment of advance, and loans, as appropriate. The proceeds of the special tax shall be levied only so long as needed for its pv.-pose, and shall not 6e used for any other pux-l-ase. 9S Orclinarx:e No. 490 Page 2 SFXT'ON 5: Efccept for the prepayment of special tam as provided. for in FJChibit "A", the above authorized special tax shall be collected in the sore manner as ordirury ad valorem taxes are collected and shall be subject to the same penalties and the s~vi~e procs3ure, ale and lien priority in rase of delinquency as is provided for ad valorem taxes. SECPIGN 6: 'R~e above authorizes special tax shall be secured by the lien inq~oserl pursuant to Sections 3114.5 and 3115.5 0£ the Streets atd Hic~- ways Cade of the State of California, whiG~ lien shall be a continuing lien and shall secase eadi levy of the special tax. The Len of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied aid rancelad in acoosdanoe with Section 53344 of the Government Cade of the sate of California or until the special tax ceases to be levied by the legislative body of the local Agency in the manner provided in Scj.^tion 53330.5 of said Government Cade. SFxTION 7: 'This ordinance and special tax shall be applicable far the referenced District, as well as any future annexations. SFX•PION 8: This Oriii~nce shall he effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this 0rr7' to to published in a newspaper of general circula- tion in the City pursuant to the provisions of GovPrrvmnt ode Section 36933. SF)CTION 9: 'The Mayor shall sign this ordinance and the city Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Va11ey Daily Bulletin, a newspaper of yerwral circulation published in the City of Ontario, California, acd circulated in the City of Rancho CLCamorga, California. ~ (P Or.3inazioe Na. 49~ Page 3 ~~ Ordinance No. 490 Page A Revised Novemlxr 10, 1991 EXHIBTT a RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNTTY FACILITIES DISTRICT NO. 91.1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMUNGA A Special Tax, the "Special Tax(es)" (defined below), shall be applicable to each Parcel (defined below) located in Community Facilities District No. 91-1 (Vicwria Community) of the City of Rancho Cucamonga (hereinafter "CFD No. 91-1"). The amour[ of Special Tax [o be collected from each Parcel in anY Fiscal Year (defined bebw) shall be determined by the Ciry Council of the City of Rancho Cucamonga (hereinafter the "Council" and the "City"), acting N iu capacity as the legislative body of CFD No. 91-1, in accordance with the rate and method of appoetionmen[ described below. All of the property in CFD No. 91-1 unless exempted by law or Section F below, shall be taxed for the Purposes, to the extent. and in the manner provided herein. A. DEFINITIONS "Assessor's Parcel Map^ means an official map of the County Assessor of the County of San Semardino designating Parcek by Assessor's Parcel Number. "Alternate Special Tax Rate" for Developed Propetty which is Residential Property means that amount of tax computed by multiplying the number of Net Taxable Acres contained within a foul subdivision map, parcel map, a functionally equivalent map or instrument by the applicable Altemue Special Tax Rate as specified N Table I below. The resulting product is then dividtd 6y the number of Parcels (in the eau of single family residential dwelling units or condominium or other multi-family dwelling units where ordy one dwelling unit is located within a Parceq or dwelling units contained in said cup. The resulting quotient is the Alternate Special Tax Rate for each Parcel or dwelling unit created by said final subdivision map, parcel map, or functionally equivalent map or inswment A-I Orr9irwnrn No. 490 Rev s~dSNovemlxr 20, 1991 For Developed Ptoputy which is Non-Residential Property, the Alternate Special Tax Rate" shall he the amo[tnt per Na Taxable Acee as specificd in Table 1 below. "Assigned Special Tu Rate" means the applicable Special Tax pa Parccl based on the applicable rate per dwelling uni[ or Net Taxable Acte as specified in Table I below. "Developed Proyerty" means, as of July 1 of any Fiscal Year, all Parcels for which a fins! subdivision map, petal map or functionally equivalent map or instnrtnen[ creating lots or parcels upon which residential units may be consuvcted or creating lots or parcels for cotrurxaciaJ std industrial development has been recorded prior m Match 1 of the preceding Fiscal Year. ^F.xempt Property" means any Parcel or othc property within ~ No. 91-1 described in Section F which is exempt from the levy of the Special Tax. "Ftscal Year" means the period starting on July 1 of any year and ending the following June. 30. "Maximum Special Tu" for a Parcel of Developed Property, means the greater of the Assigned Special Tax Rate or the Altemadve Special Tax Rare applicable m such Parcel. Maximum Special Tax for a Parcel of Undeveloped Property, means the Assigned Special Tax Rate applicable m such Parcel as sa forth in Table 1 below. "Net Taxable Acrc" means an acre of Developed Property a Undeveloped Property, exclusive of property exempted by law or the provisions of Section F below from the Special Trx; the acreage calcularion for Developed Property will be based on the dimensions as shown on or calculated from the recorded final subdivision map, pence! A-2 Ordinance No. 490 Page 6 Revised .November 20, 7991 trap, or funcdottally equivalent map or insnumertt; the acreage calculation for Undeveloped Property shall be the acreage shown on or calculated from the Assessor's Parcel Map. "Residential Property" means those Parcels upon which residential units may build "Series A Bonds" means those bonds issued by CFIJ No. I to fund domestic water impoevemenu, sanitary ewer improvetnts, mad improvements, flood control and storm drain improvements, utility improvements, and rightof--way acquisition. "Series B Bonds" means those bonds issued by CFD No. 1 m fund conswction of the Lakes Park in the Village cf Victoria Lakes. "Non-Residential Property" means those Parcels which are not classified as Residential Property a Exempt Property. "Parcel" means a lot or parcel shown on an Assessor's Parcel Map wi[h an assigned Assessors Parcel number as of the date of the levy of the Special Taxes for each Fiscal Year. "Sptteial Tax RequircrrKnt • A" means that amount required to be collected from Tax Rats Zones 1 through 15 in any Fiscal Year to pay: (1) debt service on all Series A Bonds or other indebtedness of CFD No. 91-1 related to the improvements as described in the definition of the Series A Bonds, (2) costs incurred by the G.y and CFD No. 91-I in the annual levy and collection of the Special Taxes related to the Series A Bonds, (3) other reasonable costs of CFD No. 91-1 related to the administration of the Series A Bonds, and (4) any amounts requited to replenish any reserve funds established in association with the Ordinance No. 490 Page 7 l2eviscd Novenrbcr 20,1991 Series A Bonds. In calculating the Special Tax Requirement - A for a Fiscal Year items (1) through (4) shall be net of bond reserve earnings and other interest earnings described N the bond resolution for the Series A Bonds reasonably expected m he available, except those earnings that may be requited ftx rebate purposes "Special Taz Requirement - B" means that amount required to be collected from Tax Rate Zone 16 in any Fiscal Year io pay: (1) debt service on all Series B Bonds or other indebtedness of CTD No. 91-i related m improvements described in the defuridon of the Series B Bonds, (2) costs incumd by the dry and CFD No. 91-1 in the annual levy and collection of the Special Taxes related to the Series B Bonds, (3) other reasonable costs of CFD No. 91-1 related to the admuristration of the Series B Bonds, and (4) any amounts Aired to replenish any reserve funds established in association with the Series B Bonds issued and sold for CFD No. 91-I. In calculating the Sptxial Tax Regttircment for a Fiscal Year, items (1) through (4) shall be net of bond rrxerve earnings and odes in[ercst earnings described in the bond resolution for the Series B Bonds reasonably expected to be available, except those earnings that may be required fee rebate purposes. "Spetaal Tax(es)" means the Special Tax to be IeviW in each Fiscal Year on all Parcels to fwd either the Special Tax Requirement - A ar the Special Tax Requirement - B. "Taxable Property" means all Parcels in CFD No. 91-1 which are not exempt from the levy of Special Taxes pursuant to law or Section F helow. "Tax Rate Zone" means any of the sixteen (1~ Taz Rate Zones listed in Table 1 hereof to which a Parcel is assigned as a result of its location on the Tax Rata Zone Map included as Figvre 1. o:ciinance No. 490 Page S Revised Navembtr 20,1991 .. "Undeveloped Property" means all Parcels in CFD No. 91-1 which arc not classified az Developed Property or Exempt Aoperry. "Victoria Community Plan" means the Victoria Community Plan of the City of Rancho Cucamonga adopted by the City Council on May 20, 1981 as may be subsequently _ modified, supplemented or amended. - "Victoria Lakes" means the Village of Victoria Lakes as shown in [he Victoria Community Plan. "Victoria Windrows" means the Village of Victoria Windrows as shown in [he Vicmria Community Plan. B . ASSIGNMENT TO TAX RATE ZONE - For purposes of determining the applicable Maximwn Special Tax as specified in Table I m Section D below, all Taxable Property shall be assigned to one of the Tax Ratt Zones pursuant m Figure 1. C. ASSIGNMENT TO TAX CLASS For each Fiscal Year, all Parcels within CFD No. 1 shall be classified either as Developed Property, Undeveloped Property, or Exempt Propeny. Additionally, each Parcel of Developed Property within Tax Rate Zones 1 and 4 shall be asigned m a Tax Class within such Tax Rate Zone depending upon its density calculated by dividing the number of Parcels or dwelling units in the rccortled subdivision map, parcel map, or functionally equivalent map or instrument in which the Parcel is included by the Net Taxable Acres at Ordinance No. 49C Page 9 Revised November 20, 1991 contained therein and sha!1 be subject to the levy of the Special Tax in accordartce with the rates and method of apportionment set forth in Sections D and E below. D. MAXIMUM SPECLIL TAX RATES The Maximum Special Tax for parcels within each Tax Rate Zone for each Fiscal Year for Developed Property shall be the greater of the Assigned Special Tax Rate or the Alternate Special Tax Rate, atd far Undeveloped Property shall !x the Assigned Special Taz Rate all az set forth in Table 1 below. if Developed Property which it Residential Property has ban subdivided attd/or developed so as to result in a density which does nor fall within any of the Tax Clazses defined for eny Tax Rate Zones set Forth in Table 1, the Assigned Special Tax Rare for each Parcel or unit within such final subdivision map, parcel map, or functionally equivalent map or instmrant shall be the greater amount ~ the applicable Assigned Special Tax Rao set forth in Table 1 a the amount cskuhtmd using the applicable Almmate Special Tax Ram set forth in Table 1. IE the Ltnd use of a Parcel within any given Tax Ram Zoo changes fmm the applicable land use shown on Table 1, the Assigned Spaial Tax Rate far such Parcel shaLL be the Altemam Special Tax Ram, which would have been applicable m such Parcel had its land use not changed. G G C G C a a a a a a u u u u u ~u a io a o a a~ F~ F F ~gg f~ F EF ? Z 2 2 z ~, ~. ~. ~ ~ m M o0 H 00 b9 00 K 00 H ~, W ~s N ~ •z ~ .. .. f ~ q . .2 C ~ F m 2C & & 2i ~o ?C d ~ N U H $ mF F H K H H N w 2 a U U U U W k', U a 4 d a ~ a a ~ a 3 ,~ ~ ~ U A ^ A A ^+ W L~ U ~1 a i o o a ' o ~y e n m c -' a d s d ci o d e e ~ F ~y a .~ a c c ^ o ~ a ;a :u d v ro v ~ (Y u LK ^ ~ ~ a ~ a " a 3 3 N L 8 y ~ ? Q O a ~ ~ 22 ~~ ~ 9 L y g > > > > > 7 FG a w ~ ^ w w ~+ ~ .~ Ordinance No. 49D Page So G ~ G a < a u u A F a F m F z z" z ~. ~ ~t _ m r{ m ran. 1f1 W N H ry /f a a a a ' ~ n ~i ~ ~ ~ ` ' ~ 3 . N x. gg Xa ryq v1 C Hz M S MZ N Y Z N y N~ m N ~ ~ w~ . A r d a" a :~ II< W b y a 5 6 00 F a a 4 W N I t~l I O n-~ t 4 u F z 2i M N W F a m ~ u ~ ~'a N n~ m ~ N NAG U A 0 N b a 3 9 v a 7 < F! u v N O ~ a v n Ocdinar~ Nn. 490 Page it O m a n• A G O J ~ w ~ ~o y`6 i ~~ P~ a a ~ ~ M m ~' z x a n 8-V ~O I 00 I J I O~ ~ a ~- A ~ N A Q W J e v C a n H M U ~ i~ R !R r,~ z P n a ~ ai ma A n A ~ o ,, G _ A Q N A C d C a w ~~ n~uHi w i r~.i CIA yw ~' i" R '° ~`" ~p R `~ ~ ~ '' ^ ~ ^ ~ ~ . .. ~ ~ ~ H s~ O O~ a R '~ x m Q O n n a a m a A 4 ~' A Q N A b d C a c~ zH .~. %' .~. n ?'$ ~_ a M N C r x 0 A a ~I1 ~~ + 7d 2 ~ - C O ~ - w a ~~ ~ w N ti p; ~ ^ < ^_ d A Q N A Ga d C a n yN M ~ P vii ~o Q"~ ~ a M P N v a -1 m Q n O- g c 8. Ordinance No. 490 Page 12 ~ 6 ~ a m '^ ua F u F' z ~ ~ N K H ~ 4 4 rF $h a ~z »z 8 .~ 8 N F a F~ a~ F '7 •s ~ q S ] 4 W G ~ I C'i G j 6 a a ¢ ¢ a n m v m I ~ A F F F F F z z" z" z z $ K ~ tL !i ~ o o R h « O ~ < b 6 « p A 6 Q Q 6 6 4 6 a • ° ] 6 • a g G u G `~ a g ~5 ~_ L ~ ~ u w ~ ~ " u 8~ $$ ' u o ~f ~F gh 'RF F ^h qh ~ ah u ~3 oi3 oY'o3 emu ,,;L ~'u ""u ~u ~z »z »z »z »z »z «z az «z 7 •s ~ u a w 7 G 1 .ri `~ 4 ~G 7 •s u S 5 < m '~ g a ~ 6 RI ay a 9 V F OC 4 ao rn A-9 ordinance No. 490 Page 13 Revised November 20, /991 E. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES 1. Method of Apportionment of Special Taxes for Special Tax Requirement - A On or prior to August 1 of each Fiscal Year or such other date as may bt established by law, the Council shat' determine Spocial Tax Requirement - A for such Fiscal Year and shall levy the Special Taxes as follows: SICp1: The Special Taxes shall be levied on a0 Parcels of Developed Property in Tax Rate Zones 1 through IS at 100 peroent of the Assigned Special Tax Rate; however, if this amount exceeds Special Tax Req~~+~~t - A, the levy of Special Taxes on all Parcels of Developed Property shall be proportionally decreased until the revenues produced thereby will be equal to Special Tax Requitement - A. Seen 2, ff the revenues which tray 6e produced by levying the Special Tax pursuant m Step 1 arc less than Special Tax Requirement - A, the Special Taxes shall be levied proportionally on all Parcels of Undeveloped Property in Tax Rate Zones 1 through IS up to 100 percent of the Assigned Special Tax Rate to pradua aggregate revenues equal to Special Tax Requirement - A. St ° If the revenues which may be produced by levying the Special Tax pursuant to Stops 1 and 2 are less than the Special Tax Requirement • A, the Special Taxes shall be levied proportionally on all Parcels of Developed Property up [0 10096 of the Altema[e Spocial Tsx Rate to produce revenues equal to the Special Tax Regtrircment - A. Ordinance No. 490 Faye 74 Revised November 20, 199: 2. Method of Apportionment of Special Taxes for Special Tax Requirement - B On or prior to August 1 oC each Fiscal Yea: or such othc date as tray be established by law, the Council shall detaa»ne Spcciai Tax Requitement - B for such Fiscal Year and shall levy the Special Taxes as follows: ia3C121: The Spettial Taxes shall be levied on all Parcels of Developed Property in Tax Rate Zone 16 at 100 percent of the Assigned Special Tax Rate; however, if this atnoun[ exceeds Special Tax Requirement - B, the levy of Special Taxes on all Parcels of Developed ~PenY shall be proportionally decreased until the revenues produced thereby will be equal to Special Taz Requirement - B. Steo 2: If the revenues which may be produced by levying the Special Tax pursuant to Step 1 are less than Special Tax Requitement - B, the Special Taxes shall be levied proportionally on all Pamels of Undeveloped Property in Tax Rate Zone 16 up to 100 pecent of the Assigned Special Tax Rate m produce aggregate revenues equal m Special Tax Requirement - B. Step. If the revenues which may be produced by levying the Special Tax pursuant m Steps 1 and 2 are less than the Special Tax Requirement - B, the Special Tazes shall be levied proportionally on all Parcels of Developed Property up to 100~k of the Alternate Special Tax Rate to produce revenues equal m the Special Tax Requirement • B. oxHinan~ No. 490 Page 15 Revised November 20,1991 F. EXEMPTIONS The Board shall not levy a Special Tax on the following properries which may as of the dau of famatioa of (FFD No. 91.1 be: • Properties owned by sate, federal, or other local governments, except as othervriu provided in Section 53317.3 of the Government Cade; • Property within CFD No. 1 which is dedicated for the purposes of constructing CFD funded road facilities; • Approximately 25 acres of property within CFTi No. 1 which are m be dedicated m the Clry far the lake Park tvitlun the Yillags of Nitrates lakes; • Property within CFD No. 1 to be dedicated to a owned by the Southern California Edison Company, the use of which is limited m utility purposes. • Those Parcels at entry ways and along perimeter areas used for landscaping which ate dedicated to and rrtaintairttd by the City. Parcels a portion of Parcels conveyed or'trrevocably offered to dedication to a public agency after formation of CFD No. 91-I, and not otherwise exempt pursuant to [ttis Section F, shall be subject to the levy of the Special Taxes pursuant to Section 53317.3 or Section 53317,5 of the Government Code and shall be assigned a Tax Rate pursuant to Section B. (hdinal>ce. No. 490 Page 16 Revised November 20, 1991 G. MANNER OF COLLECTION Except for the propayment of Special Taxes as provided for heroin, the Special Taxes shall be collected in the same manner and at the same time as ad valorem property taxes, provided; however, thaz the Ciry Council may authorize the collection of delinquen[ Special Taxes by judicial fottxlosuro proceedings pursuant to Section 53356.1 of the Government Code. H. PAYOFF OF SPECIAL TAXES 1. Ptsptvment of Sp~ja[ T * . rot T .Rat nos 1 hm .gh 1 The Owner of any Parcel within Tax Rate Zones 1 through 15 may discharge the Special Tax obtigadon applicable to such Parcel in whole or in part at any time by meldt[g a ono-time paymen[ calculated as follows: (a) Compute the present value of the Parcel's remaining payments of the Maximum Special Tax at the weighted average yield on Series A Bonds issued for CFD No. 91-1. (b) Multiply (a) above by the proposed propayment peroenS~;;e to determine the prepayment amount. (c) Add the following armtmts to (b) above: • Call premium as mquired in the bond inctmment, and • Interest on (b) st the applicable bond rate for each year from the date of prepayment, if any, m the earliest available bond call date. (d) Subtract the following amtxmt from (c) above; • The applcable portim of the Parcels pro nta share of the bond reserve fund of the Series A Bonds issued for CED No. 91-t. OLHirrance No. 490 Page 17 Revised November 20, 1991 (e} Subaac[ the fol!nwing amount from (d) above: • Intertxt earnings m be generated a[ a ttinvesntxn[ rate az detemruted by CFD No. 91-1 from the date of prepayment to the earliest available bond call date. (f) Add the following amounts to (e) above to determine the Parttls prepayment eIDOUnC • Unpaid Special Taxes which may have been enrolled on the Assessor's tax roll; • Intettst end penalties, if applicable, which may be associated with unpaid Special Taxes; and • An administrative fee to cover the costs incutttd by CFil No. 91-1 azsacia[ed wish calculating the amount of prepayment, redeeming bonds, and preparing amatdcd tax bills. The Maximum Special Taxes az set forth in Section D for a Paroel utilizing a prepayment percentage less than 100'k shall be reduced in subsequent Final Yeats by multiplying the Maximum Special Tax by the prepayment percentage actually used in Sxaon H.1 (b). An owner may also prepay and diuharge a portion of the Special Tax obligation applicable [o a Parcel by dedicating right-of-way, the application of which would otherwise be financtd by CFD No. 91.1, so long az such dedication is consummated prier m such deadline as may be established by the City Council. 2. Ptrnavment of Spgjal Trues for Tax Rate Zone 16 The owner of any Parcel within Tax Rate Zone 16 must diuharge the Special Tax obligation applicable m such Parcel N full through the pttpaytnent of the Specia! Tax Ozdinance No. 490 Page 18 Revised November Z0, 1991 pa la ar unie as ^ precondition to the issuance of a building permit for such ParxL Tae amount of the pn:paymen[ shall be calculated as follows: (a) Determine the toml remaining bond principal outstanding for Series B Bonds. (b) Subtract from (a) above the the toal l*m•+~;~g bond reserve fund for the Series B Bonds. (c) Divide the result of (b) shove by the total remaining planned residential lots or unite in Tax Rate Zone 16, including the units for which this calculation is being l~~a (d) Suboact the following avtount faun (c) above: • Intense earnings to be gerrasred a[ a ninvesttnent rate as detemtined by CFD No. 91-1 from the date of prepayment to the earliest available bond call dax. (e) Add the tollowing amounts to (d) above to determine the Parcel's prepayment .amount • Call prrnrium as required in the bond instrument. • Interest on (v) at the applicable bond rate from the date of prepayment to the earliest available bond call date, • Unpaid Special Taxes which may have ban enrolled on the Assessor's raz roll, • Interest and penalties, if applicable, which may be associated with unpaid Special Taxes, and • An administrative fee to cover the costs incurred by CFD No. 91-1 associated with calculating the armorer of prepayment, redeeming bonds, and preparing amended tax bills. fll 1MT..t at.n Ordinance No. 490 Page 19 rrnrlor u 1 "' I ~~ r ~I• 'i ~'L~. I t +~ ~'= :~' ~~i YI~'.i r I; .!~ I ~; 1 . , i .~ , I ~'.i r: .~' ' ~ • d ~ • ~ I' ' I n 'F' ~ r. P r r u .. ~~ , II ~rl . ! ~~~~ 4~~1!1i ~~~~~ I~I ~ li ~~" ~• II r;~riy.c ~:i!il~".~: II CITY OF RANCHO CUC:~~fOtiGA STAFF REPORT pAm E: April 1, 1992 ^.0: :4 ay or and Membezs of the City Council Sac!c Lam, AICP, City Manager FRO N.: Ezad su ller, City Planner 9Y: Steve Hayes, Associate Planner SJ 3IE CT: APPEAL JF ETIWANDA SPECIFIC PLAN recommending denial of a request to smerd certain de ve LOpment. standards within the Etiwanda Specific Plan. APPEAL OF VESTING TENTATIVE TAACI 14211 - U.S. HOME COPPORAT ION An appeal of the Planning Commission's decision denying the proposed tentative tract map and design review for the development of 226 single family lots on 81.2 acres of Land within the Etiwanda Specific Plan in the Low-Medium $eside ntial District (4-8 dwelling units per acre), located on the east side of Etiwanda Avenue, south of the Devote Freeway, and west of Eaat Avenue - APN: 1100-041-09, 1100-081-02, 1100-171-01 and 13, 1100-181-01, 1100-161-01 dhd 02, and 1100-191-01• Related File: Etiwanda Specific Plan Amendment 89-03. RHCOMMHNDAT [ON S tafE recommends that the City Council receive all public testimony re la ti. ve to the above-referenced project. If after receiving input on the project the Council concurs with the find in as made by staff, then adoption of the attached Ordinance approving the amendment for all properties zoned Low-Medium Residential south and east of the Oevore Freeway (Ordinance Option p1) would be appropriate. Also, iE the Council concurs with the findings made by the Planning commission relative to the Vesting Tentative Tract Map and Design Review thereof, then adoption of the attached Resolutions of Denial for the Vesting Tentative Tract Map and the Design Aeview thereof, would be appropriate. BACIOGWOPm On March 18, 1992, rye City Council conducted a public hearing and voted to continua the above-referenced orojects to the Apr11 1, 1992, meeting. At Che meeting nE March 18, 1992, the City Council directed staff to prepare approval Ordinances for a reduction in the minimum average lot siz ea for all property zoned Low-Medium fiesident Lai south and east of the Devote Freeway and another approval Ordinance fur the same request, but limited to properties currently owned by U•5. Home Corporation. In addition, the Council directed sta f.f r0 include the previous iy prepared Rea olu lion of Denial to afford the'COUn<il the Oppcr tunit.y to review alL aLternati vea at the meetiny of April 1, 1992. Also, hhe Co~mctl ,; ontinued the related Vesting Tentative Tract Map in order to take 141 CITY COUNCIL STAFF REPORT c SPA 09-03 - J.S. HOME CORPORATION April !, 1992 Page 2. y concurettt action with the amendment request. However, Council members expressed concern with the current subdivision design and indicated their intent to refer the project's design back to the Planning Commission and staff. ANALYSIS At the March 18, 1992, City Council hearing, z majority of the Council members felt that the amendment request was worth considering and be lxeved it would allow a logical transition between the predominantly lower density areas north and west of the Devore Freeway and the Commercial uses along Foothill sou levard. The City Council directed staff to prepare two alternative ordinances for approval of the amendment. The fits[ of these would modify the minimum average lot size standard fox all properties Zoned Low-Medium Residential south and east of the De yore Freeway (see Exhibit "A"). The second would only allow the reduced lot sizes for parcels exclusively owned by U.S. Home Corporation (see Exhibit ..S"7. IF the City Co:xncil finds it appropriate to move forward with the amendment, staff finds the first alternative more appropriate. The second alternative creates land patterns of differing development standards that will make it dif f.icu It to develop a good land plan for this neighborhood. The parcels immediately adjacent to the U. S. Home parcels would be required to meet a standard higher than that found appropriate for the U. S. Home parcels. Though the focus of the City Council di scuesion of March 18, 1932, was on the amendment request, the Council indicated that the subdivision map, as currently proposed, aid not exhibit a design that met th¢ goals and objectives of the Etiwanda Speciti% plan including, but not limited to, the use of curvilinear streets, varied structural setbacks, and appropriate lot coverage, thereby promotir.q a sense of a more rural, country-like atmosphere. The Council also indicated support for the Planning Commission's and the Park and Recreation Commission's Findings of the need for a park concurrent with the development, hence, further reason to redesign the subdivision map. Res f ly subm' Brad / r City Plflnner O HB:SH/jfs Attachments: Exhibit "A" -Development Distr icte Map Exhibit "a" - V.S. Home's Property Owns rah ip Map Exhibit "C" -March 18, 1992, Planning Commission StefE Report Ordl nance of Approval for ESPA 89-03 (Option No. 1) Ordinance of Approval for ESPA 89-03 (Option No. 2) Reso lotion of Dental for ESPA 89-03 Resolution of Dental for VTT 14211 Resolution of Denial fur the Dee Sgn Review of VTT 14211 1lS yICl OAI~ S'AfF' LM /~ ~. _. L / ./. ~~'~ -' ~ LM M O orr / ''~'~-' ; LM Co m. i lyl~~ ~ i I ® I~ ii 1 A i~ R M '~~ LM ~~,, ~, V ~ M 'h-~ L~~ I M / ~ Y~~~.f~,tS 2Jned ComAn ~~~, e=•h, C <5'I"O~ CcV~y~ ~~ CIO ~ ~ N.Com~ ~.,..e.wW. Comm. ~ j Comin. ~~ r,""""'~ M ~- .+ ~t ~~~ ~~~~ rl Cf,i'1 S'Mrr _~ _ - ~ -- ,_ / - _ LM ~ '~ - L .= /~: '-' LM M ~ ~~ orr ~, s _^~ LM ~m. b i I ® iJ ~~~ ~ O --~, M ~ _ I LM ', ~ M N,r11. ~ ~~ LM ~\~ ~ ,ti~~ ~~~0~ e ' Comm. ~ (J,S UuMC C~.p. M t,;,~r~~-~ Q CITY OF RAtiCHO CUCAMONGA STAFF REPORT DATE: March 1S, 1992 C ,' To: Mayor and Members of the City Council Ja d2 Lam, AI CP, City Manager FROM: Brad Huller, city Planner BY: Steve iiey es, Associate Planner SU HJ GC^a: APPEAL OF ETI WAN DA SPECIFIC PLAN AMH'N OMENT 69-D3 U.S. HOME CORPCRATION - Appeal of the Planning Commission's decision re commendi nq denial of a request to amend certain development standards within the Etiwanda Specific Plan as described below: 1) To allow single family detached residential development within the Medium Residential District (8-14 dwelling units per acre) utilizing Hasic Development Standards; and 2) To reduce the minimum average lot ei ze from 10,000 square feet to 8,900 sqa are feet within the Law Medium Reai dential District (4-S dwelling unite per acre) under Baaic Development Standards; and 3) To reduce the minimum average lot size from 10,000 square Eee[ to 8,500 square feet within the Medium Residential District (8- 14 dwelling uni to per acre) under Hasic Development Standards. APPEAL Ok VESTING TENTATIVE TRACT 14211 - O.S. HOME CORPORATION - An appeal of the Planning Commission's decision denying a proposed tentative tract map and design review for the development of 226 single family lots on H1.2 acres of land within the Etiwanda Specrfic Plan in the Medium and Low Medium Residential Districts (5- 14 and 4-8 dwelling units per acre, respectively), located on the east side of Etiwanda Avenue south of the Devo re Freeway and west of Eas` .Avenue - APN: 227-231-01, 09, 12, 16, and 32, 227-791-75, 27.7- 181-24, and 227-261-11. Related file: Etiwanda Specific Plan Amendment 69-03. RE(X)MMIIiDATIOH: Staff recommen de the City Council receive all public testimony on the appeal of the Vesting Tentative Tract, the Desi gr. Review thereof, and the Etiwanda Specific Plan Amendment. If after receiving input on the proposed projects, the Council concurs witR the findings made by the Planning Cevmias ion, then adoption of the attached Resolutions of Denial for the Vesting Tentative Tract M.ap, the Design Review thereof, and the Etiwanda Specific Plan Amendment would be appropriate. BACICCRDOND: On Derember 17, 1991, following a series of public hearings, the Planning Conm:ission zecosmended denial of the above-referenced Vesting Tentative Tract Map and continued the Etiwanda Specific Plan Amendment [n a Planning Conunission workshop on January 8, 7992. At the December 17 meetin y, several co~~erne were voiced by members of the Cov®ission. The primary concerns can be generally summarized ae follows: C.TY COUNCIL STAFF REPORT 'P:"I 14211 - U.S. HOME CD RPOFATION March 16, 1992 Page 2 Pt iwanda specific Plan Amendment 89-W: A reduced miximum average let size in areas zoned Low Medium and Me d'_um P,esidentiai using basic development standards would allow a sma liar average Lot size and ootenti al higher density for "con ve nticna l" single farm iy development. If other development standards (maximum lot coverage, setbacks), are not modified, the result could be a more congested streetscape appearance, which is inconsistent with the goals and objectives of the Etiwanda Specific Plan; 2. This amendment, by allowing a potential higher density For "corventionai" single family development, may reduce the incentive for developers to utilize the optional development standards which are intended to create more iota roe ting project designs by encouraging unit clustering and innovative techniques that allow preservation of ample common open space. Ves t.ing Tentative Tract Map: 1• The proposed tentative map was designed to comply with the applicant`s proposed Etiwanda Specific Plan Amendments; hence, is inconsistent with current Etiwanda Specific Plan Development Standards; 2• The project does not incorporate the area required for the development of a nei ghborhood park; 3~ The proposed "grid" pattern of the site plan does not reflect a design that would provide interesting afreetscapes within or on the perimeter of tF.e project; and .,. The oroposed arch itectuze does not exhibit the character of historic homes within the Etiwanda area. All of the above-mentioned items and other concerns relative to the project are dia cussed in more detail in the attached December 11, 1991 staff report regarding Etiwanda North Specific Plan 89-03. These items are also discussed in the DecembeY 11, 1992 Planning Commission Staff Report regarding Vesting Tentative Tract, 14211 and the Pia nning Commission. minutes from December 17, 1991 and January 0, 1992 (sent under separate cover). Again, the related Etiwanda Specific plan Amendment was continued to the January 8, 1992 Planning Commission meeting. A[ this meeting, the Commission Yeltetated the same concerns a%pressed at the previous meeting and recommended denial to the City Council. The Planning Comml ssion subsequently held a Workshop to discuss single family residential development standards and is continuing to pursue that issue. Following adoption of the Resolutions of Denial for the Vesting Tentative Tract and Des iqn Review cn December 17, 1991, and the Etiwanda Specific Plan Amendment cn ,7anua ry 22, 1992: the appellant filed a timely appeal to allow the City Counoil to consider the app Lications as proposed. 1'~ CITY COUNCIL STAFF REPORT VTT 14211 - S.S. HOME COAPO RATION March 18, 1992 Page 3 r ANALYSES: EC wan da Spe ciEic Plan Amendment: The Etiwan da Specific Plan Amendment is proposed to modify three specific development standards as ref erencea in the pro 7ect description. The amendment is necessary to arlow development of the related Vesting Tentative Tract 14211 proposed by U.S. Home Corporation. At the time the application was submitted to the City, all three parts of the amendment were needed to apn_ove the related Vesting Tentative Tract. Map. However, during the recent public hearings re ear ding land use within the Etiw soda area, the City Council redesignated all property owned by 'v. Home Corporation to Sow Medium Residential, hence, rock inq parts 7 and 3 of the amendment (which related to properties zoned Medium R_side r.t ial) independent of the :elated tentative map. Now only part (reducing the minimum average lot size in the Low Medium Residential zone) specifically relates to the proposed development. However, staff analyzed all three parts of the amendment [o maintain the "hierarchy" of development standards Erom zone to zone. At the December 17, 1997 Planning Commission public hearing and the January 8, 1992 workshop, the Commission waa concerned that the amendments would not meet the goals and objectives of the Etiw ands Specific Plan to preserve the character of the Etrwanda community. In addition, the Conunissi on noted that the affected areas should be designed to preserve hrstorzc elements characteristic of Etiwanda (Eucalyptus windrows, large yards, architectural sty lea and materials, etc.) Given these concerns in conjunction with the numerous site constraints (freeway proximity, Eucalyptus windrows, etc.) in the affected areas, a majority of the Commissioners Eelt ti'.at this area should he developed with "i.n novati ve" projects that will preserve ample co:mnon open space. (These types of projects are typically designed by utilizing the Optional Development Standards, which allows smaller lots in trade Eor abundant common open space, hence, clustering areas of residential uses.) E. Vesting Tentative Tract Map: The Vesting Tentative Tract Map is proposed Enr the purpose of developing a "conventional" 226 lot srngle Eami ly subdivision on 81.2 acres of Land in the Etiwanda area with an sutra ge lot size of approximately 9,685 square feet and residences ranging from 1,958 to 3,378 square feet. In addition, the 10.57 acre area south of the residential portion of the si T.e is proposed for use as an interim detention basin and future neighborhood park site. At the December 17, 1991 Planning Commission hearing, the Commission did not approve the subdivision as presented because of concerns created by the related Specific Plan Amendment. without the amendment, the Tentative Tract Map is inconsistent with [he current. Etiwanda Specific Plar. Development Standards. Ln addition, the Commission expressed concern with the "grid" layout of the Bite plan and architectural tletai Lin g. In their opinion, the site plan and architecture did not adequately emulate [he character inten Jed for the Etiwanda area. Fina]ly, the Commission felt *.h at the required minimum 2.33 acre park site thou ld be incorporated as a X20 CITY COUNCIL STAFF itE PORT VTT 14211 - U.S. HOME COAPDPATION March 18, 1992 Page 4 lettered-lot on the Tentative Tract Map to ensure its shape and location would be acceptable and its construction would occur in the in it_ial phase=_ of this project. Given the rm merous unresolved concerns, the Planning Coam ission determined that these applications would not create a specific project or fubare projects consistent with the goals and objectives of the Etiwanda Specific Plan. CDRABSPOND®CH: This item has been advertised as a public hearing in the Inland Valley Dai 1y Bulletin newspaper, the property has been posted and notices were sent to all property owners within 300 feet of the project site. Resp uily it , Drad eu er City P sneer BD:SH: mlq At tach meets: Exhibit "A" - Letter of Appeal Planning Cosm:i scion Staff Report dated December 11, 1991, regarding Etiwanda Specific Plan 89-03 City Council Res elution of Denial for Etiwanda Specific Plan Amendment 89-03 City Council Resolution of Denial for Vesting Tentative Tract Map No. 14211 City Council Resolution of Denial for the Design Review of Vesting Tentative Tract Map No. 14211 Separately provided to City Council: Planning Commi scion Staff Reports dated January 22 and January 8, 1992, regarding Etiwanda Specific Plan 89-03 Planning Co®ission Staff Report dated December 11, 1991, regarding Vesting Tentative Tract Map No. 14211 Planning Coamission Minutes dated January 22, 16, and 8, 1992, and December 17, 1991 P la ruing Comai scion Resolution No. 91-192 denying Vesting Tentative Tract Map No. 14211 Planning Commission Resolution No. 91-193 denying the Design Review for Vesting Tentative Tract Map No. 1d211 Planning Commission Reao lotion No. 92-07 denying Etiwanda Specific Plan 89-03 I ? •.4rf1 o~::.r: o.r~~`o e.o Reid & Hellver .....a ~°~::o . , , exveas:ne, cwuro~au saws+~oo r ~ .~ „~.~ ..,.~..• .aaco.~~n ~n.~ .....~. December 19, 1991 s~rr vIx rsv~zw srPaass Debra Adams, City Clerk CITY OP RANCHO CUCAMONGA 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: Tentative Tract 14211, U. S. Homes Dear Ma. Adams: sae . sr..`.. Roer n ~ien~ei. enai o. a e~iw~ i,~.i ....+rw a wa -~o av...a o.. .tee ww o~. ,~.. ,~..... 00061-001 The purpose of this letter Sa to appeal the City Planning Commission denial of Tentative Tract 14211 and Htiwanda Specific Plan Amendment 89.03. On December 17, 1991, the City planning Commission denied proposed Tentative Tract 14211 and Htiwanda Specific Plan Amendment 89.03. We respectfully appeal this denial and request that this matter be scheduled for hearing before the City Council. I enclose a check for 5251.00 made payable to City of Rancho Cucamonga. Sincerely, RHID /lt HHLLYHR A OPS SIO~ CO TION l (. Charles T. Sch tz 1 /ucnva.ca:. 00¢ .~ ;~. CI1Y OF RANCHOS ~UCAMONGA PLANNING DMSION ITEM: ESPA 84-x3 d- V1I 14x11 rm.E: Lam- o~ A~ ~ ,1-- EXH[BIT: ~,~f ~ SCALE:. ~ 'Z L CITY OF RANCHO CliCAVIONGA - STAFF REPORT •-:~ DATE: December 11, 1991 T0: Chairman and Members o£ the 2la nning Commission FROM: Hrad Buller, City Pl saner Hy; s'te ve Hayes, Associate Planner HUHSECT: ENVIRONMENTAL ASSESSMENT AND ETI FANDA SPECTPIC PLAN AMENDMENT 89-03 - V.S. HOME COAPORAT ION - A request to amend certain development standards within the Etiwanda Specific Plan as described below: 1) To allow single fa mtly detached residential development within the Mediue Residential Oletrict (R-14 dwelling unite per acre) ut1112 ing Basic Development Standardsl and 2) To reduce the minimum average lot size from 10,000 equaze feet to 4,900 square feet within the Low Medium Residential District (6-e dwelling unite per acre) under Basic Development Standardst and 3) To reduce the minimum average lot size from 10,000 square feet to 8,500 square feet within the Medium Residential District (e-14 dwelling unite per acre) under Basic Development Standards. Related File: Environmental Assaesment and Vesting Tentative Tract 16211. ABSTRACT: The purpose of these amendments is to allow "conventional" single family detached residential development with lot sir ea comparable to the Low Residential zone of the nevelopment Code within the Low Med tum and Medium Residential zones of the etiwanda Specific Plan. The applicant (D.S. Home Corporation) formally submitted this app llcatlon concurrently with their app licatron Eor Ve6t ing Tentative Tract 16211. Lt has been the intent of staff to proceea this request concurrently with the proposed project, hen re, the app lLcation has never been reviewed by the Planning Commission since the tentative map app licat.ton was just recently deemed complete. On November 20, 1991, the City Council recommended that all of the property owned 6y U.S. Home Corporation be Aesignated Low-Medium Residential, hence, making patty 1 and 3 from the amendment description above independent of the related Centative map propoeall only part 2 from the above descz iptlon Le relative to their eubdi via ion proposal. FLANK ItiG COMMISSION STP.FF REPORT ESnA 89-G3 - V.S. NOME CORPORATION ^ecember 11, 1991 Page 2 ANALYSIS: General The applicant is requesting three amendments to the Etiaan da Specific Plan as 3escri bed above (see Exhibit "A"). Soemficaliy, the amendments would allow this applicant to process a 226 lot single family detached subdivision (Vesting Tentative Tract 14211) on 81.2 acres of land with an average lot size of approximately 8,685 square feet and a net density of 2.8 dwelling units per acre- The tentative map has been designed to comply with the proposed amendments. The three specific facets of the amendment are analyzed as follows: A1lowi ng single family detached development in the Medium Residential District, Basic Development Standards: Currently, single family detached dwellings and duplexes are only allowed in this zone when utl lizinq the Optional Development Standards within the EtSwanda Specific Plan (see Exhibit "B"). The intent Of the Optional Development Standards ie to allow development at the upper end of the density ranges with minimal lot size and dimension restrictions in trade for csable, coowon open apace areas that will benefit the residents within a particular project. However, the Etiwanda Specific plan Development standards ae curx ently written do not allow the developer the option of incorporating the required open space exclusively Sn private yards in the Medium Residential zone for single family ox any type of development; minimum o: 30 percent common open space and 40 percent total open apace is required under the Optional Development Standards in the Medium Residential zone. The applicant contends, and staff agrees, that single family 3e ve Lopment with common open apace Facilities, which are typically maintained by a Homeowne ra Aasoci orlon and require wci tten Covenants, Codes and Restrictions (CC6R's) is not desirable to all potential homeowners in the anticipated price range. In add>,tion, many homeowners prefer to have larger private yards for their individual use and enjoyment. Therefore, the applicant concludes that the option to build under the Basic Development Standards should be allowed in the Medium Residential development district. Staff agrees that the standards shoo ld be mote flexible to allow the developer the option of building a conventional single family subdzvis ion under basic standards or a smaller lot subdlvis ion with common open space under optional stands rda. I£ this portion of the amendment request Le recommended for approval by the Plannanq Commisaion, then Pa M. 3 of this amendment request should be considered in conjunction with th ie recnrtwendation. Aya in, this portion oY the request is now independent of Che rela tad i,roject. ~2~I PC,ANN ING COMHISSICN STAFF' REPORT ESPA 89-D3 - O.S. HOME CORPORATI IXJ ^ec ember il, 1991 Page 3 Reducing the minimum average lot size from iB,ODB to 8 900 square feet within the Low Medium Residential District, Hasic Development Stan 3ards: In keeping with the goals and objectives for a more rural and sensitively planned atmosphere within the Etiwanda Specific Plan area, the adopted Basic Developaent Standards are intended to allow development in the Lower half of each density range. Specifically, the established ainSmum average lnt size of 10,000 aqua re feet in the Low Medium District yields a maximum density of d.36 dwe~ling units per acre for conventional single family residential development (see Exhibit "C") with a Low-Medium Aea idential den city range of 4-8 dwelling units per acre. If the minimum average lot size were reduced tc 8,900 square feet in this zone, then the maximum density would rise to 6.89 dwelling units per acre for this type of development; still well within the lower half of the densi t} range. Also, St should be noted [hat the Hasic Development Standards within the Development Code have been established with a much smaller minimum average lot size in the I,ow Medium Residential District (ref e[ to Exhibit "D"), 6,000 square feet. For comparison, a maximum density of 7.26 dwelling uni to per acre could be generated in areas governed by the Development Code, significantly higher than the proposed Etiwanda Specific Plan Amendment maximum of d. 89 dwelling units per acre. Therefore, if this portion of the amendment were recommend for approval as proposed, the general Intent for lower densities and a less suburban ataos phe re would, in staffs opinion, sGi 11 be intact. Please note that the app llcant's request was deei gned to meet the needs of their apecif is project prior to the Ciry Council's action of November 20, 1991. Now that the entire ai to is desi grated Low-Medium Realdentlal, the applicant would need to have Lhe minimum average lot size reduced to 8,685 square feet or lower. If the Commission feels that an even smaller minimum average lot size is approprl ate (example: 8,500 square Eoot minimum average mey allow a maximum of 5.12 uni to per acre, 8,000 square feet, 5. d5 units per acre), then the Resolution Eor this amendment may be revised accordingly. It is staff's opinion that, an 8,500 equate Eoot minimum average lot size Se appropriate Ln keeping with tF.e general intent of the Etiwanda Specific Plan end will allow a slightly hi gher density, yet well below the mid-point for eatab liahetl range. Reducing the minimum average lot size from 10,000 square Eeet to 8,500 syuare feet within the Medium Residential District Basic Development Standards: ~2S PLANNING COPASISSION STAFF REPORT ES PA 89-c3 - U.S. HOME CORPORATION December 11, 1991 Page 4 Assuming single family development under Easic Development Standards in trie Medium Res adential District is recovmended, (see item 1) there would be potential density of 4.36 dwelling units per arse with the current lot size standards, well below the Medium ftes idential District density range of a-14 dwelling units per acre (see Exhibit "C"). IF the applicant's request for a minimum average lot Size of B,SCC square feet was recommended, a maximum 3e ns ity of 5.12 dwelling units per acre is possible, still well below the minimum density for this zone. Convereely, density of 8 units per acre would yield an average lot size o£ approximately 5,445 square feet. In staff`s opinion, it would Wert be appropriate to allow 5,445 average square foor_ lots in the Etiwanda Area for the purposes of allowing "c onvent,i ono l" single family subdivisions at 8 uni to per acre since the density range for the Medium Residential District was established far multiple family development (condominiums, twnhouees) or small lot single Family development aith ample co®on open apace "eonventional" single family subdivisions were not anticipated since property owners typically prefer to maximize density. An 8,000 square foot minimum average, which would generate a potertial maximum 3enaity of 5.45 unite per acre, is appropriate because it would allow more cronventional single family development at a density that meets the intent and purposes of the Etiwanda Spec if lc Plan. Again, this portion of the amendment request is now independent of the related tentative map, based on the action of the City Council on NovembeY 20, 1991. a. Cumulative Environmental Assessment: Part i of the Ini tlal Study has been completed by th!± app ll cant. Staff has completed Part II of the Environmental Checklist and found no significant adverse environmental impacts will occur as a reau It of Chess amendments. The issue for consideration Ss an anticipated teduction of the proposed land use intena ity~ therefore, staff believes the impact o£ the type of development allowed under the revised standards should not be more si gn ificent than originally described in the environmental review for the Etiwanda Specific Plan and General Plan. If the Planning Covmiaslon concurs, then issuance of a Naga*_ive Declaration would be in order. FACTS FOR FINDINGS: Ln ordez for the Planning Com:le aion to approve the proposed am¢ndmenta, [he following Earte for findings moat be made: A. The proposed amendments will not have a significant impact on the environment ae evidenced by the coot lue ions and findings of the Initial Study Part LI. 12 f~ PLANNING COMM IS SIGN STAFF AE PORT ESPA 89-03 - U.S. NOME CORPORATION Dec amber 11, 1991 Page 5 B. 'Ihe oropos ed amendments will promote and further implement the goals and objectives of the Etiwanda Specific Plan by helping to preserve the unique historical nature of the Etiwanda area through lower densities. C. ins proposed amendments are consistent with the goais and obj ect ivea of the Etiwanda Spec if le elan and General Plan. D. The pzoposed amendments would no[ be materially injurious or detrimental to adjacent properties. CORRESPONDENCE: This item has been advertised as a pu blio hearing in the Inland Valley Daily Bulletin newapager, the project has been posted, and notices have been sent to all property owns re within 300 feet of the project site. RECOMMENDAT ZON: Staff recommends thet the Planning Commission re coamend approval of Etiwanda Specific Plan Amendment 89-03 and issuance of a Negative Declaration to the City Council. Aespe y submitted, Brad ller Ci Flannel BB;SH:mlg Attachments: Exhibit "A" - Letters from App Licant Exhibit "B" - Etiwanda Specific Plan Section 5.22.201 (Residential Lend Usee) Exhibit "C" - Etiwanda Specific Plan Figure 5-2 (Basic Development Standards) Exhibit "D" - Table 17.08.040-B (Oaeim Development Standards) Exhibit "E" - Development District Map of the Etiwanda Arm Resolution of Approval for Etiwanda Spec if lc plan Amendment 89-03 Draft City Council. Ordinance of Approval for Etiwanda Sp eclfle Plen Amen dtsent 89-03 1 ~ 1 L A 'uVAINSCOTi 8 ASSOCIATES, INC. ,E . E,', rv 1 •. .rs~, August 13, 1991 - RECEIVED - CI IY OF pANCNO CUCAMONGA MANNING DIVISION auo ~ o »9~ ~"~~~ :.,.,, w a~.,.. xe~o o•mom ce i SCam.enp ,E vp c o wH"'0"iw wti.,ao r .~ w. ~.s Mr. Steve Hayes Associate P2arner City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Tentative Tract No. 14211 Amendment to the Etiwanda Spacltic Plan Dear stave: In accordance with your request, we are providing this letter regarding average lot areas with respect to our request for an Amendment to the Etiwanda Specific Plan. Wa are requesting an Amendment to the Hasic Development Standards to allow minimum average lot area of 8,500 square feet in the currant M Zone, and 8,900 square feet Sn the IM Zone. We have checked these area calculations and believe they reflect the approximate average areas for our Tentative Tract Map. Please refer to U.3. Home Corporation letter to you of July 5, 1991, for additional comments regarding this Issue. Sinycerelyn, 11GL~ Sf/aaasfii" p Xeith Dagostino, P.B. Project Manager KD:mh/518098 cc: Dallas Paulsen, U.S. Home Corporation ~2.~ CIVIL ENGINEERS • lAND 9URVEVOgS • PUNNEiIa Tlml MnOP POAO GMMO LEPMGE GUFOANU 9TITl Ill/1IT41ii1 iA1f. 1711111]d911 US. NOME CORPORATION WESTERN LANO DEVELOPMENT OrvI510N r t4DE SoutMm . Suile 7.00 . Tempe. Ar@orw 8528 . (~IatM1 ~tl! .7uly 5, 1991 Mr. Steve Hayes Associate Planner City of Rancho Cucamonga 1O5C0 Civic Center Drive Rancho Cucamonga, CA 91729 Re: Tentative Tract No. 14211 - Amendment to the Etiwanda Specific Plan Dear Mr. Hayes: D.S. Home Corporation on behalf of the Etiwanda Deve lopment~ Corporation provides this letter as an update regarding our letter of August 16, 1989, requesting an Amendment to the Etiwanda Specific Plan. Our request regarding single family dwellings in the M Zone, Item No. 1 in the August 16 letter is the same. Regarding Item No. 2, we are requesting an Amendment to the Specific Plan to allow an overall minimum average lot area of 8600 square feet £or Tentative Tract No. 14211. We are making this request in consideration of the upacalinq of development in the M Zone, and the loss of usable land created by the requirement to provide a regional detention basins for the entire Etiwanda Specific Plan area. Please note that tlq development density for this project is only 2.8 dMlling.~llta per acre. Significantly less than the allowable 4-8 dre111u~Y per acre range for the LM Zone, and 8-14 dwellings par acre range for the M Zone, as outlined in the specific Plan. 12~ Page 2 Mr. Steve Hayes City of Rancho Cucamonga July 5, 1991 Attached for your reference is a copy of the August 16, 1989 letter. If you need additional information to process this request, please call me at (602) 838-4178. Sincerely, J.S. HOME CO®R~P/EO7 RATION WES~N/v ~MENT DIVISION ~~/~ ~~ Dallas D. Paulsen Executive Vice President-Project Manager DDP/rc cc: K. Dagostino L, A. Wairscott 6 Aasociatea, 2nc. ~~• r X30 i~~ ~~~ E~~I ~3 iT us•MOme '.ISIEO -N ~~E PEW ~GPN SICCN 6~M1HGE August 16, 1989 Mr. Dan Coleman Senior Planner City of Rancho Cucamonga P. 0. Hox 707 Rancho Cucamonga, CA 91730 RE: Amendment to the Etiwanda Specific Plan Dear Mr. Coleman: U.S. Home Corporation on behalf of the Etiwanda Development Corp. request that an amendment be made to the Etiwanda Specific Ylan on the following items: 1. The footnote on page S-5 be amended to allow single family dwelling in the Medium Zone. Very little M zone exist in the Etiwanda specific Plan and the areas that are within this zone are surrounded by single family homes. We feel that this change wcu ld serve to compliment existing surrounding zones. 2. The Basis Development Standards table be amended to reduce the minmum average Lot area from 10,000 s.q. feet to 8.200 square feet. This would not reduce the minimum lot size but would allow a smaller average than that on the LM zone. Enclosed to process this amendment is a check in the amount of $3,247.40 and a copy of the project and surrounding areas detailing current zoing. If additional information is necessary to process this amendment to the Etiwanda Specific Plan, please call me at (714) 944-0761. Sincerel U " ~ ~" ~" /~6j ~ Meia ie B. Tinsley Vice President Western Land Development enclosures ' .~ Exrt~3~'r '~-y mve~oe aviaaw .201 Residential L'ses: d USE DISTffiCT + ~ BR VL L LM M ~ ~c uc'~ z~z ~ Single Family Dwellings ............ P P P P . P tae! ~ Duplexes ....................... P P P P P• Tri ~Y FourPlexes ................. P' P+ P P P ~ 1luaio;e Family Dwellings........... P• P" P• P+ P ~ ,202 Other Uses: ~ Temporary subdivision sales offices and ~ temporary structures subject to the ~ provisions of the Development Code ... p p p p p ~ ~ Group Care facilities for seven or more ~ persons ;ub]ect to the provisions of the Development Code ................ _ _ _ C C ~ Nursery schools .................. _ C C Churches ....................... _ C C C C _ Clinics, hospitals, sanitariums, end nursing ho Ines .............. . .... _ _ _ C C Parochial end private schools ........ - C C C ~ Private, nonprofit libraries, art galleries, and museums .................... _ _ C C Private, noncommercial clubs and lodges C C C C C _ Public utility and pubilu service structures and installations .......... C C C C C Home occupations ... ............. p p o p p ' ~ Family care facilities [or six persons or ~ less ........................... P P P P P 1 1 Incidental end accessory struclures end 1 uses Cor the exclusive use of residents of 1 the site end their guests . , .......... p p p p p 1 Keeping o[ horses Cor personal use on 1 tots of 21/2 acre or more ............ P P P P - / 1 Note: Symbol + indicates uses permitted in conjun ction with option al deve lopment 1 standards only. 1 ~x~Fi 3i ~3 1 1 s-s t ER VL L LM M Lot Area: ?Soo Qooo minimum average 40,000 35,000 15,000 l0;BR7 1o-ea6 (in square feeU t:inimum 30,000 20,000 10,000 7,200 7;200 (in square faaU Number of DU's 1/40,000 1,'20,000 1/10,000 1/7,200 1/5,000 (per lot area in 2 mea/lot 2 max/lot 4 max/lot 4 max/lot 4 max/lot square feet) Lot Dimensions: minimum depth 135' ! 35' 100' 100' 100' minimum width 120' 90' 60' 60' 60' (et required front se tbsek) minimum frontage 60' 40' 40' 40' 40' (at front p.l.l Setbacks: front 40' 30' 25' 25' 25' side (streeU 25' 25' 15' 2S 25' side 20/20 10/20 0•/20 0•/15 0~/15 Tota120' Total l5' total l5' rear 40 30' 25' 20' 20' Lot Coverage 20% 2596 30% 40% 40% (maximum %) On~ite Wvnirowsl 100'/ac 50 ;'ec N/R N/R N/R (in tin. feet/ec) SUeebide N/R Required Required Required ' Required Pig (prior to occupancy)2 Height Limitations 35' 35' 35' 35' 35' • 0 lot line not to be used at project boundary t Existing lots of record of 1 acre or les may be exempted from this requirement. 2 Custom lot subdivisions may be exempted from this requirement. BASK ~ 33 DEVELOPMENT STANDARDS Fig. 5-2 cx N~? ~T "~.~ B. Basic Development Standards. The following table, Table 17.08.040-8 sets Corth minimum development standards for residential development projects filed up to the mid-point of the permitted density range. TABLB 17.M.W - B BASIC DEVBLOP!HENI STANDAAD9 ry, lQ =NOT AEQL'IRED) VL L LM M NH H LOT AREA: , A~+rtitUM ,YET AVERAGE 22, 500 A. 000 6000 N/R N/R YIR MLYLNLM hEl' M, 000 7. 200 3, 000 10, 000 N/R `1/R NUMBER OF DV/p1LNG LMIS (A) UPT01 UPTO~ UP T06 tIPTD II WT019 LPT02] (PFAA111-IID PER ACRY7 NLYLML'M DWELI.iNG LNff SIZE: (O SII:OIF FA.MB.Y ATTACH'eD A.YD 1,000 SQ. PT. (!0 REGARDIFSS OF DISTRICT DETACHED DWEIlNGS NLiT~LE FAMD.Y DwE11nT'GS (n EFFTCRiYCY/SIl.DiO 110 SQ. PT. aF DLSR~CT ONEBELROOM 6J0 SQ. FT. REOAAplE440F ptATRICT TRV ~IROCYA 8005Q. FT. REGARDIA.SS OP LSIWCT 7TO1FE OR MORE BEDROOMS 950 SO. FT. RECAAd OP OLATRICf LOT OLNENSIONS: MINIAAD.S RMID'I7i (@ 90 AVO. 6J AVO. 30 AVO. BO N/R N/R REQUINID FRONTSETBACR) VARY+/- IO VARY a/-J VARY+/-S MIN. CYMNFA LOT It'~DTTi 100 70 ]0 3! N(R N/R MINIMUM DEPI'FI ISO 100 90 100 N/R N/R MINLMLTI FRONTAGE SO ~0 l0 60 N/R N/R (@ FRONT PROPERTY LPdE~ MIN. FLAG LOT FROMACBi 70 IO 20 30 N/R N/R (@ FRONT PROPERTY LINE) SETBACAS: (B) FRONT YARD (C,R) 12 AVO. l7 AVO. 72 AVO. ]7 AV0. N/0. N/R VARY +/-3 VARY s/-S VARY +/J VARY d-3 CORNEA SIDE YARD 27 Z] 22 27 N/R N/R INITRIO0. SIDE YARD 10/IS J/10 3/10 10 N/R N/R D REAR YARD 70 30 IS 10 NIR N/R n AT IYTFR100. SnE BOUNDARY 70/3 20/3 IS/J IS/J ISIS IS/5 (DwF2LNG UNIT ACCESSORY (D) (D) (D) BLDG) 13~{ „D _~a_ t9i~iasJ .. YICf ORI 'A 5'REEt T^ _ VL _ VL -" L,__- -~~' iJOP~ OP i~ S~ \~ R9g.RCLCOmm; ,C.Comm.. ---;..-_ ihDYNTLTtAU[N1113`~ -: L M LM I mm.- L - -. LM ~~ Etiwenda Specliic Pbn Amendment 91~1t9 Footbiil Bivtl. SPecilic Plan Amendments 9LOY LM - Uialricf Designation ® PRDPEAilES CUAAENILY DESICXAiEO YEDIUY portion RESIDENiIAI R-14 DtEILINC UXIiS PEA A RE UMDER CONSIDERAiIDN OA REDESI6NAiIDM jl-lDUtELLINGYUNIi~ PERAACRE) 1 ESPA Subsea Noa. a ~ ~ FSPA Subarea Noa r. , Q~~_~ ~ dpc," a; J.5 . ~-. r `Regis sal Relatle0 GgWt~, `__._. '^ -^4y \ ~ , 0 v Subarea R,~amendod pneela I.i.'.}. (1 F' IZ".1tiCfi0 CL:CA.'viOti G,4 I i~iF~f [SPA 91-03, r, PA 91-02 t+~-,. ~` \'!\,~ ~~R ~S~n\ ' ~~ ITITLE sp.c~n~ Plan Amand Loc alms Map ?~' . ~.. .. _ ~r'p~t' RE$CLUTION N0. (~~ _ ~ %F~ Gl/ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC AMONGA, CALIFORNIA, DENYING OF ETIWANDA SPECIFIC PLAN AM.FNCMc'NT 99-03, A REQUEST TO AM.E`1D CERTAIN DEVELOPMENT STAY DAAC$ WITHIN THE ETIWANDA SPECIFIC PLAN, AND MAR ING E'ISDI NGS IN SUPPORT THDREVF. A. Aecital5- li) U.S, Home Corporation has filed an application for Etiwanda Specific Plan Amendment No. 89-03 as described in the title of this Pesulution- Hereinafter in this Resolution, the subject Etiwanda Specific Plan Amendment is referred to as "the application." (ii) On December 11, and continued to December 17, 1991, the Planning Ccmmission of the City of Rancho Cucamonga conducted duly noticed public hearings on the application. The Planning Commiasion continued the application to January e, 1992. (iii) On Ja nun ry 8, 1992, the Planning Commission of the City of Rancho Cur_amon ga conducted a duly noticed public hearing on the appli ration and concluded said hearing on this date. The Planning Commission directed that a Resolution of Denial be prepared For the January 22, 1992, meeting. At that meeting, the Planning Commission adopted its Resolution No. 92-07 thereby recommending to this City Council that said aopli cation be denied. (iv) The decision represented 6y said Planning Commission Resolution was timely appealed to this Council. (v) On the 18th day of March 1992, the City Council of the City of Pancho Cucamonga conducted a duly noticed public hearing and concluded said hearing on that date. (vi) All legal prerequisites prior tc the adoption of this Resolution have occurred. A• Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Pancho Cucamonga as follows: 1• This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of [his Resolution are true and correct. 2. Based cpon substantial evidence presented to this Council during the above-referenced March ie, 1992 pub Lie heaunq, Snc ludl ng written staff reports, the mi notes of the above-referenced Pla nning Commission me sting, and the contents of Planning Commission Resolution No. 92-07, thi9 Council hereby sPecif ically finds 'aa follows: 13(~ CITY COUNCIL R:BOLUT ION ND. EBPA 89-03 - V•S. HOME CORPGRATION March +e, 1992 Page 2 (a) The applicatior. apali es to all propzrt ies located within the Low Me diem and Medium Residential Development Districts within the area governed by the Etiwanda Specific Plan• !b) The Cevelopment Code pezmi is detached single family residences only utilizing the optional development standards, as currently does the Etiwanda Specific Plan. (c1 The amendment does conflict with the goals and policies of the Etiwanda Specific Plan and General Plan for reasons es follows: 1) The amendment tc allow single Eami.ly residences in the Medium Residential zone under basic standards would r?duce the amount of common open space within individual projects, which is inconsistent with the po 7.i cy for providing amFle usable open space within the Specific Plan Area; and 2) The amendment would discourage the potential for project "cluste.ring" for the purpose of preservation of open space; and 71 The amendment would not support the Etiwanda Specific Plan policy of creating a "country or rural atmosphere" by integrating natural areas with urhan areas through a system of linear open spaces. (d) Ti'~is amendment will reduce the incentive to utilize the Op `.i onal Development Standards due to the proposed smaller minimum average iot size and rhos allow higher densities for "conventional" projects utilizing Basir. Development Standards in the Low N.edi.cm and Medium Hesi dential Districts of the Etiwanda Specific Plan which contradicts the general intent of the plan for providing a generally more rural atmosphere and strengthening the sense of community identity within the Etiwanda area. (zi The amendment does not take into consideration other interrelated development standards (lot coverage, setbacks, etc.) which may directly influence the character of projects and reduce the ability to meet the basic goai.s and objecti vee of the Etiwanda Specific Plan and the General Plan. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, including written and oral staff reports, this Council hereby finds and concludes as follows: (a) That the proposed appli ration does no^_ promote the goals and policies of the Etiwanda Specific Plan; and (b) Thet the proposed amendment would have significant impacts on the environment or the surrcurdiny properties; and (c) That the proposed amendment Ls not in ecnfotmance with the General Plan and Etiwanda BPecific Plan. 131 CITY COUNCIL RESOLUTION N0. EePA 99-03 - U.S. HJME CORPORATION March 18, 1992 Page 3 4. Based upon the findings and conclusions set forth in pa.-a graphs i, 2: an3 3, above, the City Council hereby denies the application. This Council hereby provides notice to U. S. Home Corporation that the time within which jud<_cial review of the decision represented by this Res elution must be sought is Bove: ned by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mai 1, return-receipt reques *_ed, to U. S. Home Corporation at the address identified in City records. 7. Trie City Clerk shall certify to the adoption of this Resolution. 13~ ORDIV A.NCE NO. AN GRDINANCE OF THE GI1Y COUNCIL OF TEiE CITY 0£ RANCHO CUCAM.ONGA, CALI FCRN IP., A?PROVING E^_iWANDA SPECIFIC PLAN ANEWMENT 89-03, A REQUEST TO AMEND THE MINI MOM AVERAGE LOT SIZE REQUIREMENT FROM 10,000 TO 8,500 SQUARE FE F,T .FOR 81.2 ACRES OF LAND ZONED VJW-MEDIUM RESIDENTIAL GENERALLY I::C AT ED EETWEEN ELI WANDA AND EAST AVtIi UES, !:OPTH OF FOOTHILL EOJLEV ARD AND EAST' GF ETIWANDA AVENUE, NORTH OF MILLER AVENUE WIT RIN TRF. ETI WANDA SPECIFIC PLA.9 ARFA, AND MAiCI N6 FINDINGS i`1 SUPPORT THEREOF - APN: 710 D-041-09, 1100-OP1-12, 1700-171-01 AND 13, 11C0-781-01, 1100-141-01 AND 02, AND 11D 0-191-01. A• Recitals (i) U.S. Home Carp oration has flied an application Eor Etiwan da Specific Plan Amendment No. 89-03 as described in the title of this Ordinanc e. Hereinafter in this Ordinance, the subject Etiwan da Specific Plan Amendment is referred to as "the application." (ii) On December 11, and continued to December 17, 1991, and January e, 1992, the Planning Commission of the City of Rancho Cucamonga conducted do ly noticed oublic hearings nn the application. Following the conclusion of said public gear ings, the Planning Cosmission adopted its Resolution No. 92-D7, thereby recosmiendi ng that the City Council adapt Etiwanda Specif is Plan Amendment 89-03. (iii.) on March 18, 1992, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the app ii tail on. At that meeting, the City Cnunc it directed staff to prepare an Ordinance of Approval Enr the sop licati on Eor the April 1, 1992, meeting. fiv) On April 1, 1992, the City Council of the City of Pancho Cucamonga concluded the public hearing. (v) A11 legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance The City Ccuncil of the City of Aancho Cucamonga does hereby ortla in as follows: 1. This Council hereby specifically fin de that all of the facts sat fotth in the Recitals, Part A, of [his Ordinance are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearings on March 18 and Ap [11 1, 1992, including w rl tt:en and oral staff reporea, together with public testimony, this Council hereby specifically finds as follows: 13~ CITY COUNCIL ORD IYANCE N0. ESPA 89-03 - L'.S. HO M° COApO RP.TI Q4 Apzil 1, 1992 Page 2 (a) The app ii nation applies to properties located south and east of the De yore Freeway on properties described above in the Low-Medium Residential Develooment District within the area governed by the Etiwanda Sp eci fir Pian; and (b) Phis amendment does not conf li c[ with the Land 'JSe Poiicres of t'ne General Plan and will provide for development, within the district, is a manner consistent with the General 21an antl with related development; and (c) This amendment does promote, the goals and objectives of the Land Use Element; and (d) This amendment would not bz materially injurious oz detrimental to the adjacent properties and wcu id not have a significant impact on ^_he environment nor Che surrounding properties as evi ne need by the findings listed in Fart II of th¢ Initial Study; and (e) This amendment will continue to maintain the basic goals and objectives of tF.e F.t iwanda Specific Plan by promoting larger lot single family development than allowed by the standards within the same development district of the Development Code; and (f) This amendment will continue to promote densities az the lower end of the density ranges for the Low-Medium Re aidehtial District, as is the intent of the Basic Development Standards. 3. Based upon the sutstantial evidence presented to this Coun .il du nng the above-referenced public hearing and upon the specific findings of facts sst forth in paragraphs 1 and 2 above, this Council hereby finds and cnnclu des as foi !.ows: (a) That the proposed app ].ication promotes the goals and policies of the Etiwanda Specific Plan; and (b) That the proposed amendment would not have significant impacts on the environment nor the su [rounding properties; and (c) That the proposed amendment is in conf Orman re with the General PLan. 4. This Cou veil specifically finds and determines that a Negatr ve Oec la rati on for this project has been prepared in comp Hance wieh the California Environmental Quality Act of 1970, as amended, and the gui de lrnes promulgated ehereunder, and, further, this Council finds and determines that, based upon She findin qs set forth in pa rr. graphs i, 1, and 3 above, that nn significant adverse environmental impacts will occur. 5. This Council finds that the facts supporting the above-specified fin din ga are contalned in the Negative Declare [i on, the staff report, and esbibits, and the inf orma[ion provided to this Council during the ~nhlic ~yb CITY COGNCIL ORDINANCE NO. ESPA 89-G3 - p.E. F10 ME CC RnO RATION April i, 7992 Page 3 h ea nng; and therefore, this Council 'nereby au then zes the is =_uance of a Negative -eclarati on. o. Based upon the findings and conclusions set forth in para grapF.s 1, 2, 3, 3, and 5 above, this Council hereby ordains that the City Council of the City of ka ncho Cucamonga hereby apore yes Etiwan da Specific Plan Amendment No. 89-03 as attached in Exhibits "A s B." 7. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 75 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general ci rcu ].a ti or. published in the City of Ontario, California, and ci reu lated in the City of Rancho Cucamonga, California. Iy~ ER VL L LM M :At .yea: -.!n. ~.,..., (in square `eat: Number of DU`s ;per 'wt area :^ square feet) Lot 7imensions: m in: C.Um '.n iGi2um ~.edc',:,. (nt : en.;i; ed front ~et'oao~.U ~Tin!IP~U fT f'9nC _~e (at front ~.;.; Setbacks: s::e rear Lot G~verage (max;mum '61 On-site Windrowsl (in lip.. feet/ac) Streetside Landscaping (prior to cccupancy)2 Height Idmita[ions ~-\-\ 4o,oon as.aac ~ iS,GUG j to, o» ~~ io.ocG (S~a~)4k ,--- 30,070 2U,0'JU 10,000 ~;,20U 7,?OC 1/40,000 1 2G.u00 :!10,000 " ;,200 ia,000 2 max/lot 2 mnx.'.o; 4 max/lot 4 max~io[ a max; lot 135' r 20' SG' } 0' ~~. 20/20 40' 20% :00'/ac N/R 35' 135' 100' C00' 100' 90' 60' 60' 60' 40' 40' .}0' 40' 30' 85' 'S' ?5' ~:, iS 2a~ .,.: Totni 2C' Tota! ,3' iota! ia' 3^' 26' 20' 2U' 25'6 30% 40"b 40'~b 50'!ac N/R N/R N/R Required Required Required Required 35' 35' 35' 35' O lot line not to be used at project boundary t-w f)pplic.'; ~v F.u/2~+r5 ns 5haw~ .(:y. S~'~c~~tl LM ~~«i~y rj~z~~,~4 CS~r. h,5. 5-'~~ 1 Existing lots of record of 1 acre or less may be ese mpted from this requirement. Cusco n; lot subdivisions may be exempt_d Crom th!s requu ement. BASIC DEVELOPMENT STANDARDS Fig. 5-2 1 1 1 1 1 r z~+r /~ _~ =~ 9G_~,~ ~~9ACFLNE - ~~i~i ~°~ ail ~ _ ~'% ~ j~ .~ i / / / ~ ~i ,~ ~ i -- \ ~~ J~______ == -,, °_ ~ % go T •VE . o ''~~ n.o {{{II ~~~~I~~~/G(\T/J .~U J _ ~ 0 ~~ -_~ _ - _LL_._._.._. - % Lvv /!l..d~~.,., 8500 ~ ,. '~ ~ ^' /i "" Special Studies ~~+` ~ ~ Overlay District ~ [~• Etiwanda Avenue ;: 1'; Overlay Dletrict /i Community Service ',: I ^ Overlay Dletrict cv.r via. s-s1 !? 47y } y Equestrian ~~-~~. Mµ i~ Overlay Dletrict 1~;li ~~~~~.~*.; ~i~ • '~~,I ~,~ ~ ~ Foath 111 blvd. S.P. '- Itftle figure. ~'~r`~! OVERLAY 5-4 ~!I ,DISTRICTS ~r^ CK ~~.v.l /~`~ ORDINANCE N0. ~ ~~ + AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CDCASiONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN AMENDMENT 99-03, A REQUEST. TO AMEND TY.F. MINIMUM AVERAGE LOT 552E REQUIREMENT FROM 10,000 TO 8,500 SQUARE FEET FOR ALL PROPERTIES ZONED LOW-MEDIITM RESIDENTIAL SOUTH AND EAST OF THE OEVORE FREEWAY WITHiN THE ETZW.ANDA EPECIF SC FLAN AREA, P.PID HARING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) tI.S. Some Ccrporation has filed an application for Etiwanda Specific plan Amendment No. 89-03 as described .in the title o` this Ordinance. Hereinafter in this Ordinance, the subject Etiwanda Specific Plan amendment is referred to as "the application." (iii On Der¢mber P , and continued to December 17, 1991, and ,Ta ruary 8, 1992, the Planning Commission of the City oT Rancho Cucamonga conducted duly noticed public hearings on the application. Following the conclusion of said pvrlic hearings, the Planning Commission adopted Sts Resolution No. 92-D7 on Tanuary 22, 1992, thereby recomvKKndi.nq that the City Council adopt Etiwanda Specific Plan Amendment 89-03. (iii) On March 18, 1992, the City Council of the City of Fancho Cucamonga conducted a duly noticed public hearing on the application. At that meeting, the City Council directed staff to prepare an Ordinance oY Approval for the application for the April 1, 1992, meeting. (iv) On April 1, 1992, the City Council of the City of Rancho Cucamonga concluded [he public hearing. (v) All legal prerequisi tea prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does hereby ordain as follows: 1. This Council Hereby specifically fin de that all of the facts set forth in the Recitals, Part A, of thin Ordinance are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearings on March 18 and April 1, 1992, including written and oral staff reports, together with public tee tlmony, this Council hereby specifically finds as fo Llswe: (al The application applies to properties located south and east of the Devore Freeway in the Low-Medium Residential Development District within the area governed by the Etiwanda Specific P1anJ and I~~ CITY CCUNCIi ORDINAtlCE N0. ESPA E9-03 - U.E. HOME CORPORATION Apr i1. 1, 1992 Page 2 (bj This amendment does not conflict with the Land Use Policies cf th2 General Plan and will provide for development, within the 3istr ict, in a manner consistent with the General 71an and with xelated development; and ;c) This amendment does uromote the goals and objectives of the Land Use Biement; and (d) This amendment would not be materially injurious or detrimental to the adjacent properties and would not. have a sianif icant impact on the environment nor the surrounding properties xs evidenced by the Eindin gs listed in Part II of the initial Study; and (e) This amendment will continue to maintain the basic goals and objecr fives of the Eti•aanda Specific Plan by promoting larger lot sittgle family development than allowed by the standards within the same development district of the Development Code; and (E) 'Phis amendment will continue to promote de naitles at the lower end of the densi by raryes for the Low-Medium Aeaidantial District, as is the intent of the basic Oeve lnpment Standards; and (9) This amendment w.i 11 provide a logical transition of lot sizes for which the Devoze Freeway acts as a logical barrier; and (h) This amendment will simplify future master planning for parcels zoned Ipw-Medium Residential Which axe adjacent to the applicant's property and will minimize the chances for land use conflicts internal to this development dr strict by not encow aging adjacent projects to have different average lot sizes. 3• Eased upon the suhstantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: (a) That the proposed app ii cation promotes the goals and policies of the Etiwanda Epeclf is Plan; and (b) That the proposed amendment would not have si. gnl £icant impacts on the environment nor the surrounding properties; and (c) That the proposed amendment is in conformance with Che C;eneral Plan. 4. This Council specifically finds and determines that a Negative Declaration for this project has been prepared Sn complinnce with fhe California Environmental quality Act of 1970, as amended, and the gui de lines promulgated thereunder, and, further, this Council finds and determines [hat, Lased upon the findings se*. Ecrth Sn paragt aphs 1, 2r and 3 above, that nn significant adverse environmental impacts will occur. ` 1 J CITY COUNCIL ORDINANCE N0. ESRA 89-03 - U. S. HOME CORPORATION April 1, 1992 Page 3 r 5. This Council finds that the facts supporting the above-specified fin di a gs are contained in the Negative Declaration, the staff report, and exhibits, and the information provided to this Council during the public hearing; and therefore, this Council hereby authorizes the issuance of a Negative Declaration. 6. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, this Council hereby ordains that the City Council of the City of Rancho Cucamonga hereby approves Etiwanda Specific Plan Amendment No. 89-93 as attached in Exhibit "A." 7. The Mayor shall s.i gn this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. `~ ER VL L LM M Lot .area: ~ninimua =+~erage aG,occ 25.oao 15,occ ;~, ono ~ lo,ooc ;in square Cent) Cab"oo;°# ^--_" min Damn 30,000 20,000 IO,000 ^,200 ;,200 lin square [eeL Number of DU5 1/40,000 1; 20,000 1/10,000 i; 7,200 1!5.000 (per iot area m 2 max/lot 2 max%lo: {max/lot a maxi lot 4 maxao[ square feet) Lot Dimensions: minimum '_ep:h 135' 135' 100' i00' lOG' m ir.imum ~.v idtn 120' 90' 80' 60' 60' (at requir ad Iront setbac$) minimum frontage 60' d0' TO' -10' 30' (a2 fCOnt D.L) Setbacks: front 40' 30' 25' ~5' 05' :ice (sree;' ZS' 25' 15' 25' ;?5' siCe 20/20 19. ''2U U"/20 0*'15 0•'i.i Total 20' Total IS' Total l5' rear 40' 30' 25' 20' 2U' Lot Coverage 20% 25% 30% 40'K 10"6 (maximum %) On~ite Windrows) 1G0'/ec 50'/ac N/R N/R N/R (in lin. Ceeti ac) Streetside N/R Required Required Required Required Landscaping (prior to occupancy)2 Height Limitations 35' 15' 35' 35' 35' " Onnl--o~~t line not to be used at project boundary t* ~"t'Yi k~ ao pn~~.s Sc.F~, c,~ rc s/- or fl., p:wt Fu.,.,..~ Fir- ./.i e.,~r?r~~ul a~..~:'rte 1 Existing lots of record of 1 acre or less may be exempted from this requirement.' 2 Custom Ict subdivisions nay be exempted from this requirement. BASIC DEVELOPMENT STANDARDS Fig. 5-2 RESOLUTION NO. 9~ ~ ~ 7 A FE SOLUTION OF THE CITY COVNC IL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING VESTING TENTATIVE TRACT N0. 14211, A RESIDENTIAL s'UBD VISION OF 226 SINGLE FAM ZLk' LOTS ON 81.2 ACRES OF LAND WITEIN THE ETIWANUA SPECIFIC PLAN I"1 THE MEDIUM AND LOW MEDIUM P5SIDENTIAL DISTRICTS (8-14 AND 4-8 DWELLING UNITS PER ACAF„ RESPECTIVELY), LOCATED ON T':E EAST SIDE OF ETIWANDA AVENUE, SOL'i!{ OF THE DEVORE FP.EEWA7 AND WEST OF EAST AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1190-041-09, 1100- 081-12, 1100-171-01 AND 13, 1100-181-01, 1100-141-Oi AND 02, AND 1100-191-01 A. Recitals. (i) U.S. Home Corporation has filed an application for the approval of Vesting Tentative Tract Map No. 14211 as described in the title of this Resolution. Hereinafter in this Resolution, the subject request is referred to as the "app l5 cation." (ii) On April 24 and September 25, 1991, the Planning Comml eaion of the City of Pancho Cucamonga conducted duly noticed public hearings regarding the completeness of the application. Following conclusion of the latter hearing, the Planning Commission adopted its Reao lotion No. 91-141 denying the application without prejudice. (iii) The decision represented by said Planning Commission Resolution was time lp appealed to this Council. (iv) Staff subsequently deemed the project application complete on October 3G, 1991, ~r icr to the hearing of on the appeal, thereby nul Lifying the action of the Planning Conmd.ssion of September 26, 1991. (v) On the 11th day of December 1991, and continued to the 17th day of December 1991, the Planning Commission of the City of Rancho Cucamonga conducted duly noticed public hearings on the appllcetlon and, following conclusion of said public hearings, adopted its Resolution No. 91-192 denying the application. (vi) The decision represented by said Planning Commi eaion Resolution was timely appealed to the City Council, (vii) On the 18th day of March and continued to the let day of April 1992, the City Council of the City of Pancho rucamonga conducted duly noticed public hearings and concluded said hearing on the latter date. (viii) All legal prerequisites prior to the adoption of this Reao lotion have occurred. ~~B CITY COUNCIL RE SOLUTIGN NO. VTT 14211 - V'.S. N.OME CORPO[tATION April 1, 199? Pa oe 2 D. Aes o1'ation. NOW, THEREFORE, it is hereby found, de ^_e.rmined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. :his Council 'nereby specifically finds eh at all of the Eacts set forth in the Recitals, Part "A," of this Resolution aYe true and correct. 2. Rased up or, su bstantral evidence presented to this Council during the above-referenced March 19 and April 1, 1992, hearings, including written staff reports, the minutes of the above-referenced Planning Coomi ssion mee tln gs, and the contents of Plannine Commission Resolution No. 9l-192, this Council hereby specifically Minds as follows: (a7 The application applies to property generally located east of Etivan da Ave mae, south of the De yore Freeway and west of £a st Avenue with an -c tiwan da Avenue frosts ae of 712 Eeet, a Devore Freeway frontage of 348 feet and an East Avenue frontage of 414 feet on property zoned Low Medium Residential and is presently unimproved; and (b) The property to the north of the subject site is single family residential and vacant and zoned Low Medium and Medium Residential (4-8 and a-14 dwelling uri to per arse, respectively); the property to the south of that site is sin ale family residences and vacant and Ss zoned Low Medium Residential; the property to the east consists of single family residences and vacant land and is zoned Low Medium Residential and Ci*_y of Fontana; and the property to the west is single family residential and vacant and is zoned Low Medium Residential; and (c) The app li ration contemplates the development of 226 single family residences with an average lot size of 8,685 square feet, and an interim detention basin of. 10.6 acres for the purpose of receiving drainage for thin project as well as future projects Sn the immediate area; and (d) The project ae yropoeed will require app YO Val of related Etiwanda Specific Plan Amendment 89-03, vhi ch would allow Lots of a minimum av?rage lot size of 8,685 square feet or less (as amended) Sn the Low Medium Resrdential District of the Etiw ands Specific Plan; and (e) The application as proposed ww id be materially detrimental to the persona and properties in the mediate vicinity of the proposed site for the reasons as follows: (I~ The Tentative Tract Map ea proposed does net indi ate a lettered parcel of 2.33 acres or greater for the purpose of a park, which is the mininum requirement of the Quimby Act (a minimum of 3 acres of park per 1,000 rani dents) and Aancho Cucamonga Mnniclpal Code Chapter 16.32, nor does the Tentative Tract Map reflect a site plan dear gn that would allow this park to be expanded on the con ti guoua property uti llzed as an interim detention basic. in the future. In addition, the minimum 2.33 acre park site is ~ `1 °I CITY COUNCIL RE SOLUTIOR NO. VTT 14211 - U.S. HOME CORPORATION April 1, 1992 Page 3 necessary to meet the goals and objectives of the General Plan in terms of location (the General Plan requires a park site in the block bounded by Etiw ar~da, East, and Mi11 er Avenues and Foothill Boulevard) and intent (the park should be provided at the time of development Eor the use of citizens in the in¢ne diate area), both of which are consistent with the goals of the Generai Plan and Etiwanda Specific Plan for providing residential facilities to meet the needs of a1.L segments of the population for r_creation, relaxation and socialization. ;2) The Project contemplates the construction of, a sound attenuation wall along the edge of the De yore Ereeway right-of-way, approximately 11 to 12 feeC high as measured at freeway qr ode, which is necessary to mi ti sate the concerns of exposing people to potentially dangerous noise levels in portions of the project area. As required by the General Plan, the Eeasi bi lity of the wall, its height, location, and construction has yet to be determined since fnr mal approval from Coltrane has not beer. secured. (3) The p[oje ct coots rip latex the removal of up to 213 trees on the property, many of which are inStial ly identified as in a healthy and thriving condition as identified by a qualified and licensed arboriat. The application as proposed does not include a croncurrent ly processed Tree Removal Permit nor any specific tree replacement quantities or species to mitigate the loss of up to 213 trees on the property. This is .inconsistent with the City's Tree Pres ezvation Ordinance (Rancho Cucamonga Municipal Code Chapter 19.081, the goals of the Etiwanda Specific Plan, and the absolute poll Gies of the Development Code (Rancho Cucamonga Nunicipal Code Section 17 .08.05 O.E.B), which require replacement of Sn di vi dual trees with species and quantiti ea of a mi ni nium acceptable level and replacement of exist ing windrows of 91ue Gum Eucalyptus trees to encourage the protection of the windbreak system for reasons of prblic safety, wind protection, and historical signficance. (4) The Tentative Tract Map and related plans reflect a "grid" local street pattern, especially in the area south of Miller Avenue, whl ch is inconsistent with the Resl dential Design Policies of the City Eor providing ourvl linear streets to promote visually interesting streets cap es (Poncho Cucamonga Municipal Code Section 17.0©.090.C. 12 and Etiwanda Specific P Lan Section 5.32.100). (5) The Tentative Tract Map and related plans include iota 1. cui-de-sac streets that are deaf fined with awkward side yard to rear yard re la tionehlpa. (6) The auhiterture and related design elements within r.he proposed project boundariear as reflected In the app li nation, is not consistent with the goals and objectives of the. Etiwanda Specific Plan, which states a project shall create or reinforce the "sense of community Sdentity, avoid the feeling of sameness or blandness, and enhance Etiwanda's character." 15~ CITY COUNCIL RESOLUTION NO. VTT 74211 - U.E. HOME CORPORATION April ?, 1992 Page 4 (7) The project does not meet the minimum average lot size as regv fired by the Etiwanda Specific Plan. 3. At the above-referenced public hearing, the City Council denied the associated Design Review of the Vesting Tentative Tract Mau application. 4. 9ased upon the substantial evidence presented to this Council during the aMve-referenced public hearing, including written and oral s[aff reports, this Council hereby finds and concludes as follows: (a) The tentative tract is not consistent wi Lh the General Plan, the Etiwanda Specific Plan, and the Development Code; and (b) The design oz improvements of the tentative tract are not consistent with the General Plan, the Etiwanda Specific Plan, nor the Deve lopmenr Code; and (c) The design of the subdivision is likely to cause substartial environ¢ental damage and injury to humane and wildlife or their habitat; and (d) The evidence presented to thia Council has identified substantial potential adverse en v.i ronmental effects of the applied for development. 5. Hosed on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, the City Council of the City of Rancho Cucamonga hereby denies the application. 6. This Council hereby provSdes notice to U.E. Home Corporation that the time within which judicial review of the decision represented by this Resolution oust be sought is governed by the proviaicna of California Cade of Civil Procedure Section 1094.fi. 7. The City Clerk of the City of Aancho Cucamonga is hereby directed to: (a) certify to the adoption of this Aea olutlon, and (b) Forthwith transmit a certified copy of this Resolution, by certlf ied mail, return-receipt requested, to U.E. Home Corporation at the address identified fir. City records. 8. The City Clerk shall certify to the adoption of this Resolution. J RESOLUTION N^• 9~ , f} "Tot A A£SOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUC.AMONGA, CALIFDAN IA, DENYSNG THE DESIGN REVIEW OF VESTING TEN'IAT IVE TRRCT NC. 14211r T-HE DESIGN REVIEW OF A RESIDENTIAL SUHDIVI EI ON OF 225 SINGLE FAMILY LOTS CN R1.2 RCRES OF :.A27- WITHIN T}lE ETIWANDA SPECIFIC PLAN IN THE MEAIUDI AND LOW MEDIUM RESIDENTIAL DISTRZC'+^S (8-14 AND 4-S DWELLING UNITS PER ACRE, RESPECTIVELY), LOCATED ON THE EAST SIDE OF ETIWANDR AV EN JE, SOL xH OF THE DEVO(tE FREEWAY AND WEST OF EAST AVENVE, RND MAKING FINGINGS SN NYPORT THEREOF - APN: 1100-041-09, 1100-081-iZ. 1100-171-Oi AND 13, 1100-181-01, 1100-161-01 AND 02, AND 1100-191-01 A. Recitals. ~i) U•S. Home Corporation has Eiled an application fox the approval of the design review of Vesting Tentative Tract Map No. 16211 as described in the title of this Resolution. Hereinafter in this Aeaolution, the subject request is referred to ae the "application." (ii) On Apzil 24 and September 25r t991r the Planning Commission of the City of Fancho Cucamonga conducted duly noticed public hearings regarding the completeness of the subject application. Fallowing the conclusion of the latter hearing, the Planning Commisa ion adopted Resolution No. 91-142 denying the application without prejudice. (ilil The deciaiott represented by said Planning Coaapl salon Resolution was timely apFealed to this Council. {iv) Staff subsequently deemed the project application complete on October 30. 1991, prior to the hear log of on the appeal, thereby nullifying the action o£ the Planning Commission of Septembez 25. 1991. (v) On the 11th day of December 1991, and continued to the 1~th day of December 1991, the Planning Commission of the CSty of Pancho Cucamonga conducted duly noticed public heazinga on the application and, following conclusion of said public beatings, adopted its Resolution Nn. 91-193 denying the application. (vi) The decision represented by said Planning Commission Resolution was timely appealed to the city Council. (vii? Or, the 18th day of Mnrch and continued to the 1st day of April 1992r the C'_ty council o£ the City of Pancho Cucamonga conducted duly noticed public hearings and concluded Bald hearing on the latter date. (vl ii) All la gal prerequieltea prior to the adoption o4 this Resolution have ocruxred. t5 Z CITY CGUNCIL RESOLUTION N0. DR FOR VTT 14211 - U.D. HOME COAPORATI ON April 1, 1992 Page 2 B. Res olutior. NOW, THEREFORE, it is hereby found, determined, and res clued by the City Coua cil of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. based upon substantial evidence presented to this Council during the above-referenced March 18 and April 1, 1992 hearings, including written staff reports, the minutes of the above-ref ereaced Pla nni nq Commission meetings, and the contents of Planning Coa®ission Resolutl on No. 97-193, this Council hereby specifically finds as follows: (a) The app li cation applies to property generally located east of Etiwan da Avenue, south of the De vo re Freeway and west of East Avenue with an Etiw an da Avenue iron to qe of 712 feetr a Oevore Freeway frontage of 348 feet and an East Avenue frontage of 414 feet an property zoned Low Medium Residential and is presently unly~roved; and (b) The property to the north of the subject site is tingle family residential and vacant and zoned Low Medium and Medium Aesi dential (4-8 and 8-14 dwelling units per acre, respectively )t the property to the south of that site is single family residences and vacant and is zoned Low Medium Residential; the property to the east consists of sin Ie family residences and vacant land and is zoned Low Medium Residential and City of Fontana; and the property to the west is single family reai dential and vacant and is zoned Low Medium Residential; and (c) The application contemp la tee the development of 226 sin qle faun ly residences wish an average lot size of 8,685 square feet, and an interim detention basin of 18.6 acres far the purpose of receiving drainage for this project as well as future projects in the immediate areal and (d) The project as propased will require approval of related Etiwa nda Specific Plan Amendment A9-03, which watld allow lots of a minimum average lot size of 8,685 square feet or less (as amended) in the Low Medium Residential District of the Etiwanda Sp eciFic Plan; and (e) The application ae proposed would be materially detrimental to the persons and properties in the immediate vicinity of the proposed site for the reasons as follows: (1) The Tentative Tra c[ Map as proposed does not indicate a lettered parcel of 2,33 acres or greater far the purpose of a park, whl.ch is the minimum requirement of the Quimby Act (a mLri vwm of 3 acres of park pcr 1,000 residents) and Rancho Cucamonga Municipal Code Chapter 15.32, nor does the Tentative Tract Map reflect a eif.e plan AesJ. tPt that would allow this park to be sxpan ded on the contlyuous property uti Li zed a9 an interim detention basin in the future. In addition, the minimum 2.33 acre park site is IS3 PITY COUNC II, RESOLUTIOf: NO. DF FOR VTT 14211 - 0.5. HOME CORPORATION April 1, 1992 Page 3 n c:cess ary to meet the goals and objectives of the General Pian in terms of location (the General Plan requires a park site in the block bounded by Etiwanda, East, and Miller Avenues and Foothill Boulevard) and intent fthe park should be provided at the time of development for the use of citizens in the immediate area), born of which are cons istant with the goals of the General Plan and --utiwanda Specific Plan £or providing residential facilities to meet the needs of all segments of the population ,`.or recreation, relaxation and socra liz ation. (2; The prcject contemplates the construction of a sound attenuation wall along the edge of the Devote Freeway right-of-way, approximately 11 to 12 feet high as measured at freeway grade, which is necessary to mitigate the concerns of exposing people to potentially dangerous noise levels in portions of the projec[ area. As required by the General Plan, the foasibi lity of the wall, its height, location, and conetrvction has yet to be determined since formal approval from Caltrans nos not been secured. (3) The project conteoQ later the removal of up to 213 trees on the ?roperty, many of which are initially identified as in a healthy and thriving condition as identified by a qualified and licensed arboriat. The app ll cation as proposed does not include a 'concurrently processed Tree Removal Permit nor any specific tree replacement quantiti ea or species to mitigate the loss of up to 213 trees cn the property. This is inconsistent •wi th the City's Tree Preservation OFdinan ce (Rancho Cucamonga Municipal Code Chapter 19.08), the goo la of the Etiwanda Specific Plan, and the abs oiute policies of the Development Code {Rancho Cucamonga Municipal Code Section 17.OB.OSO.E.B ), which require replacement of Sn di vi dual trees with species and quantities of a minimum acceptable level and replacement of existing windrows of aloe Gum Eucalyptus trees to en coots ge the protection of the windbreak system for re aso~ of publle safety, wind protection, and historical significance. (d) The Tentative Tract Map and related plena reflect a "crid^ kcal street pattern, eapecia lly in the area south of Miller Avenue, which .is inconsistent with the fiesi dential Deai gn Poli ciea of the City Eor providing rurvi lineaz streets to promote visually interesting atreetscapes (Rancho Cucamonga Municipal Code Section 17.08.090.C. 12 and Etiwanda Specific Plan Section 5.32.100). (5) The Tentative Tract Map and related plans include local rul-de-sac streets that are designed with awkward side yard to rear yard rela tionahips. (6) The archltectu re and related design elements wit him the proposed project 6oundariee, a9 reflected in the application, is not cone istent with the goals and objecti vee of the Etiwanda Specific Plan, which states a project shall create or reinforce the "s en act of coamnrnlty identity, avoid the feeling of aemeneas or blandness, and eMance etiwanda's character." 1 S'-I CITY COUNC Ii RESOLUTION NO. DR FOR ViT 14211 - U.S. HOME COAPURATION April 1, 1992 Page 4 (7) The project does not meet the minimum average lot size as required by the Etiw an da Specific Plan. 3. At the above-referenced public hearing, the City Council denied the associated Vesting Tentative Tract Nap application. 6. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, including written and oral staff reports, this Council hereby finds and concludes as follows: ;a) That the proposed project is not consistent with the General Plan, the Etiwanda Specific Plan, and the nevelopment Code; and fb) That the proposed design is not in accord with the objectives of the Eti wands 9pe cif is Plan, nor the pu zpoa es of the district in which the sits is located; and (c) That the proposed deli gn is not in compliance with each of the applicable provisions of the Etiwanda Specific Plan and Development Coder and (d) That the proposed design, togethet with the conditions app la caD le thereto, will be detrimental to the public health, safety, and welfare and materially injurious to properties or Improvements in the vicinity. 5. Rased on the findings and conclusions set forth in pars graphs 1, 2, 3, and 4 above, the City Council of the City of Aancho Cucamonga hereby de niea the application. 6. This Council hereby provides notice to U.E. Nome Corporation th et the time within which judicial review of the decl9fon represented by thi9 Rea olution mast be sought ie governed by the provisions of California Code of C1. vii Procedure Section 1094,6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the edoptlon of thle Resolution, and (b) forthwith trnnamlt a certified copy of this Resolution, by certified mall, return-receipt. requested, to U.S. Nome Corporation at the address identified in City records. B. The City CLerk shall certify to the adoption of this Resolution. (J l,ll x yr nruvv,nv vui, n iviviv vn STAFF REPORT ,~ `_ DhT°: Aptil 1, 7992 ' T0: ~Sayor and Members of the City Council Jack Lam, City Nana yer FROM: Brad Huller, City Planner BY: Miki Brett, Associate Planner SD &JECT: ENVIRONMENTAL II~ACT REPORT FOR SPECIFIC PLAN 90-07 AND GENERAL PLAN AMENDMENT 90-03H - CITY OF RANCHO CUCAMONGA - A public hearing to comment on the draft final environmental impact report prepared for the Etiwanda North Specific Plan and General Plan Amendment 90-03H to prezone approximately 6,840 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single family dwelling units on 2,112 acres of vacant land, 28 acres of nei gh5orhood convnercial use, 4 schools, 5 pazks, ar. equestrian center, and preservation of 4,442 acres of open space generally located north of Hi qh land Avenue (State Route 30 ), south of the San Bernardino National Forest, west of the City of Fontana, and east of Milliken Ave nsse. ENVIRONMENTAL ASSESSMENT AND GENERAL FLAN AMENDMENT 90-038 - CITY OF RANCHO CUCAMONGA - A request to re conwend approval of a Geretal Plan Amendment to provide consistency with the draft Etiwanda North SpeclEic Plan, prezoning approximately 5,840 acres of territory in the Rancho Cu camonga sphere of influence to provide for 3,613 single family dwelling units on 2,712 acres of vacant land, 28 acres of neighborhood commercial ua e, 4 schools, 5 parka, an equestrian center, and preservation of 4,442 acres of open apace generally located north of Highland Avenue (State Route 3U), south of the San Bernardinc National Forest, west of the City of Fontana, and east of Milliken Avenue.. LNVIRONMEN TAL ASSESBMENT AND SPECIFIC PLAN 90-U1 - CITY OF FANCHO CUCAMONGA - A request to recommend approval of [he Etiwanda North Specific P).an, prezoning approximately 6,249 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single family dwelling units on 2,112 acres of vacant land, 28 acres of nei gh M rh ood commercial use, 4 schools, 5 parka, an equestrian center, and pres¢r vation of d, 4d2 ac rea of open spare generally located north of Highland Avenue (State Route 30), South of the San Bernardino National Forest, west of the CiT.y of Fontana, and east of Milliken Avenue. PiANN ING COIRAIS6ION STAFF 4E POR'P SPECIFIC Ph AN 90-01 - CITY OF P..C. April 1, 1592 Paae 2 RBCO!l~7DATION The Pla m~ing Corunission re coamends certification of the EIR, adoption of the Statement of Overriding Considerations, and approval of General Plan Amendment 90-036 and 6pecif is Plan 90-0 t, the Etiwan da North Specif is Plan. (See attached P.es cluti ons and Ordinances.) At the conclusion of the public hea rin g, all the prerequisites for approval will have beer. completed. HACICGFOIIND 6 ARALiSIS The City Council directed staff to prepare the Eti wan da North Specific Plan, amend tine General Plan as necessary to provide consistency between the Specific Plan and the General Plan, and to prepare an Environmental Impact Report )EIR) to identify the impacts of future development and mitigation measures to reduce impacts to the ma ximam extent feasible. The documents which have been prepared and the actions taken are discussed below: Environmental Impact Report: A draft Environmental Impact Report was prepared and circulated to responsible agencies and interested parties for conmient and made available to the public Eor review. F of low inq the public cosole nt period, Part II of the draft EIR, the Response to Conm~ents, was prepared. As a result of public responses, changes were made to the Specific Plan and mitigation measures added to reduce impacts. (A copy o£ the draft EIR, and Part II, Response to Coamients, was forwarded to members of T.he City Council under separate cover.) Nevertheless, all identified in~acts could not be mitigated to a level of leas than significant. Therefore, a Statement of Overriding Considerations has been prepared as requited by the California Environmental Quality Act. (See attached Resolution approving certification of the EIA and Exhibit "A," the Statement of Overriding Considerations.) It should be noted that the Environmental Impact Rep or[ is a program EIR and that a project level environmental assessment will also be required. General Plan Amendment 90-036; On November 7, 1990, the Crty rou ncil approved a Resolution of Intent to amend the General Plan to provide consistency between the Etiwanda North Specific Plan and Che General Plan. (See attached Resolution approving General Plan Amendment 90-038, and App endi.x "A," Recovm~ended Consistency r_h engea.) l 5 " '1 PLAN!V ING COMM ISSIO:] STAFF REPGRT SPECIFIC PLAN 90-01 - CITY OF R.C. April 1, 1992 Pa qe 3 S oe cific Plan 90-01: Gn June 20, 1390, the City Council approved a Resolution eE Intent to prepare ^_he Etiwanda North Specific P1an• On September S, 1991, the current draft of the Specific Plan was comp late d• (The Graft Etiw an da Nort:h Specific Plan was ferwar aed to me mD ers of the City Council under separate cover.) An Executive Summary of the Et iw an da North Specific Plan has been prepared. (A copy of the Executive 5unmary was forwarded to the City Council under separate cover.) The Exe w Live Summary of the Et~wan da North Specific Plan includes a brief discussion of issues, including: • Land use differences between the Eti wan da North Specific Plan and the County's General Ylan. • Opportunities for preservation of Pi vacs idian Alluvial Fan Scrub habitat. As stated in the Executive Summary of the Etiwanda North Specific Plan, the pu rpos e5 of the plan are: • Yre-zone the area as a pre-requisi±e of annexation, i)ntil annexation occurs, guide staff's review of County project cafe rra l5~ Serve as a reference point for discussion Detween the County and the City on goo la, objectives, policies, and standards of deve looment in the City's Sphere. As required under the California Envirormen tal Quality Act, the Environmental Impact Report identiEiea miti gatlon meaeu rea which must occur to reduce the impacts of development. Also, as required by law, a Mitigation Monitoring Ylan has been prepared and will be incorporated into the Specific Plan. (See attached ordinance adopting Specific Plan 90-01, the Etiwanda North Specific Plan, .inrlu ding Attachment "A," the Etiwanda Nor Y.h 5pecif is Plan Mitigation Monitoring Program.) Planning Commission Recomnen to Lion: on February 26, 1992, the Planning Commission heard prb lic testimony, concluded their public hearrng, and recommended approval of the subject itert~s. (Staff Reports to the Planning Commisai on have been traremitted under separate cover. Also, see attached minutes of the YLanning Commission dated February 26, 1992.) Testimony was received by the Pla nnin9 Commission on February 26, 1992, which focused on the following Lsauee: ISM PLANNING CONPIISSION STAFF RE POAT SP ECIPIC PLAN 90-01 - CITY OF R.C. Ap ri1 1, 1992 Page 4 * Preservation of Ri versidian Alluvial Fan Scrub Eiabi tat. • Differences between County's General Plan and the Etiwanda North Specific Plan All issues raised have been considered and addressed by staff. (See attached Writtan and Oral Yes timom and staff's responses.) ASS O, staff has sent a detailed letter of response to the San Beraar di no Sage Friends. (See attached.) CO{iC4BBION All the necessary actions for decision making on the Etiwanda North Specific Plan have been completed and all necessary documents preFared and made available to the City Council and the public for review. The Planning Commission recoumiends approval of the attached resolutions and the Specific Plan ordinance. * Certifying the Environmental Iv~act Report and adopting a Statement of Overriding Considerations. • Approving Gene: al Plan Amendment 90-03B. • Approving 5pecif is Plan 90-01, the Etiwanda North Specific Plan. Aespe ly subm' , Brad ler City lanner BB: MB/jfs Attachments: Written and Oral Tes tinnny dated February 26, 1992 Planning Comm isa ion minutes dated February 26, 1942 Aee olution Cert if yang the Etiwanda North Specific Plan EIR Rea olution of Approval cf General Plan Amendment 90-03A Ordinance of Approval for Specific Plan 90-01 ~ 5~ iiRITPAN AND ORAL TB~1'IFgNS PBBROARY 26, 1992 y Wrif to r. and cral testimony was rec zi ved at the Planning Commission Elearing on February 26, 1992. Seventeen persons presented oral comments. (See "Minutes of the Planning Commission, February 26, 1992.") of the 1], seven persons also submitted written comments. The full text of the written comments (its me 1-]) and of one letter (T_tem H) are attached. Oral comments are summarized in the attached Planning Commission. Minutes dated Febrvary 26, 1992. Excerpted comments and staff's responses follow. LeeoHa RLippatein, San Henna rdiao Sage Friends (See Item 411 Donne nt States opposition to the Pian because it ins deauate ly protects Riversidian Alluvial Fan Sc rvb Habitat (RAPS). Respon9e The Plan rovers approximately 6,840 acres designating 4,442 acres for open space and a maxi mum of 2,112 acres Eor residential development. Tl:e Plan retains the open space designation for the Day Creek Spreading Ground, the Etiwanda Wash, and San Se vai ne Wash. In addition, the Plan deli goatee all private ownership north of the National Forest Houn dart' as open space. It also de ai gna tee as open space the area north of the northern branch of the Cuca mongc Fault, east of Day Creek, and west of Etiwanda Creek. Further, mitigation measures in the EIR requires Chat prior to approval of the first project, [he follwing actions must ce !ak en to address RA FS habitat: Completion of a Resource Mara semen[ Plan. (It should he noted that work is in progress on a Resource Management Plan.) Completion of a study to determine the feasibility of acquire ny the land in private ownership north of the northern utility corridor, east of Day Creek and west of Etiwanda Creek for preservation of RAPS habitat. ' Completion of a study to determine the teaeibi lity of. modiEycsg the Day Creek Wash diversion channel to permit f laud flows of Buff ici.ent velocity to fiow into the Day Creek Spreading Grounds as needed to maintain RAPS habitat. (It should be noted that the Day Creek Spreading Ground is also the Rock Crusher mining site.) ~~~ wRS TT EN AND ORAL TESTIAONf February 26, 1992 Page 2 Only a ao de velocment alternative would avoid environmental impacts. For the preferred alternative, Spe r_ific Pian 90-01, environmental impacts have been reduced to the maximum extent feasible, but impacts will remain after mitigation for open soace, wildlife 'nabr tat, alluvia! fan scrub habitat, and rips: ion habitats. In conformance with the Calif orr.ra Environmental Quality Act, the impacts will require a statement of overriding .o nsi deration. Corvnent Rewmreendation that the City participate in the California Natural Communities Conservation Pla nr.ing (NCCP) program on coastal sage scrub. Response AB 2172 established the NCCP for the purpose of identifying and preserving habitats necessary for the conservation of the State's wildlife heritage. The potential federal listing of the California Gnatcat ch er as an endangered species has focused the first state sponsored NCCP effort on Coastal Sage Scrub habitat in Orange, San Diego, and Riverside counties. Any individual or local jurisdiction can activate a NCCP study. The NCCP is an attempt at voluntary comprehensive proactive planning at the ecosystem level rather than rr_active, piecemeal planning at the endangered species level. For the reasons stated in the attached letter to Lee ono Y,lipps rein, San Bernardino Sage Friends, the City does not have ju ris dict i.on to participate in the NCCP enrollment program, outside of the incorporated City boundary lines. Smtt Rittenhouse. Mr. Rittenhouse also spoke in support of the pos it i.on of the San Bernardino Sage Friends and raised isauee concerning traffic, solid waste, and cost of inf raetru rtn re. C on~ment Statad p:o ject would generate a 91 percent increase in traffic. Response The project wou Ld qen?rate a 2.57 percent increasr_ in citywide traffic. The buiLdout r.raff is projection cltywi de for Rancho Cucamonga is 2.7 milli on Avers qe Daily Trips (ADT). The Etiwanda North project contribution will be 69,500 ADT. Project impacts to the City will require mitigation through payment of a transportation nexus fee of 54,743 per dwelling unit. However, traffic irt~acts will remain. Traffic impacts require a Statement of ^,verradinq Consi der atlona. ~~~ nRITT EN AND ORAL TEST'. MDNY F'e br>.ary 26, 7992 page 3 y C OPRllant rf rast n: ctu re for the pro ject will cost $200 mil lior. and development fees will only reccver 7C percent of the casts. Response Irt the Spec if is Plan, the Etiwanda North Nexus Apportionment Table (Sable a•8-4) assigns 518 million to the Etiwanda North traffic ing~a cts on the Citywide tra rs por ration system. The total Citywide cost of transportation imp rove me its between 1990 and bui ldout is $222,820,000. The purpose cf the Citywide Transportation Nexus Study is to identify projected improvements by which to establish a per unit fee to 6e placed on all new development. The Citywide fee has been adopted. The fee is collected at the time of building permit issuance. The fee is consistent with City Folicy which states that the cost eF development shall be borne by applicant's for development. An infrastructure phasing plan wi 11 be crompleted as an implementation measure of the Specific Plan. However, an inf rast ruct ure test study is not planned. A op lirants for development in the Sphere -of-Influence portion of the Etiwanda North Specific Plan have requested that the backbone inf cast racture be paid for by Me119-RVns Community Faci lines Bond Sssues, not to exceed a repayment cost in excess of 1.8 percent of the total property tax rate. All other costs, including parks, are to be paid by development fees. Applicants initially made the proposal to the city and subsequently presented it to the County. A fire facility Mello-Roos District is already in place for the entire Specific Plan area. W tt hin the City portion of the Specific Plan, a drainage facility and police operation Mello-Roos District is .in place. For the lmincorporated area, property owners have requested that the ^_ou my of son Bernardino form a Community Facilities Diet ri ct for sr,reets, ware[, sewer, regional flood control, and regional costs. The County's consu pant, Kadie-Jensen. Johnson and Bodnar, eatima to the cost of the aforementioned infrastructure at $35.5 million. Property aw nerd have also proposed to the County that school cnsrs be financed by Community Facilities Districts. Coat estimates are not available at this time. In the County, police facilities and services are expected to be borne by the general fund through the property tax. ~~2 WRi TTEN ANO ORAL TEST i'^.ONY February 26. 1992 Page 4 Comment The oroject will generate 7G,GB0 tons of tray Y. per day. Fe sponse Trash ceneration figures En the EIP, indicate that 2] tons a day of trash wi1.1 be generated. In order to meet the AB929 trash reduction requirement, the project will participate is a recycling program. The following person spoke in support of the San Bernardino Ba ge Friends. Trisha Buchanan, Wetlands Chair Eor the Sierra club Terry Burke Cynthia A1laire Billie Schwarz Bruce Farnsworth, Bruce Farnsworth photo~¢aphy (see item X2). Stacy Thorpeon~ The Gahrielino Tribal Conncil (see Item X3). Cherie Overran (see Item X4). Marlene Trunnel (see Item X51. Dan Silver, IIDdangered Habitat's League Mr. Silver submitted a letter in support of the position of the San Bernardino Sage Friends (see Item XB). oar Iconiaq (see Item X61 Comment Supports comprehensive plan effort and effozts to presezve the bog. Also, requests that no development occur north of the northern utility corridor foc the purpose of pzeservatlon of the vlsib le and sub-surface portions of both Cucamonga Eau It warps because of their value as natural features and scientific study. A7.so, makes the point that due. to the identified compleri ty of known fau ltin q, the entire Alquist-Prio to study zone should remain undeveloped. (The request is supported by one sci.entif is article and additional. references.) 1V~ WRITTEN AND ORAL TESTIMONY Febrv ary 25, 7992 Page 5 Response Toe scientific seisvdc information presented is hereby incorporated into the 'nearing record. Also, please zef er to the response to Lee ona Rlippstein. The Specific Plan reserves as open space seismic corridors, steep hillsides, and the prominent knoll best known as the "Ranger Station" site. However, after mitigation, inpacts affecting natural features will occur as a result of 3eve Sopment. Unavoidable impacts include potential grading, road construction, and trail construction. Ther of oze, a Statement of Ovezridin? Considerations is required. S.ewis Trout, Resident Comment Supports protection of the bog and the drainage which supports the bog. Response The under, ly ing land use designation for the bog and its surrounding area is Reaou rce Conservation. The initial de ei gnati on would be Open Space. However, long term protection requires dedication of the land by easement or fee acga ieitior. for the sole use as a habitat preservation area. Shiela Cochran, Resident Convne nt Stated con cezn absut increased air pollution. Re sp Onae The FIR requires mitigation measures to reduce the impact of ai.r po llutior.. However, after mitigation remaining air pollution impacts will require a Statement of Overriding Considerations. Valerie Card, Resident Comment Supports protection fnr wildlife. • ~tG~ wRI'lTEN '1.9D ORAL TESTIMONY February 26, 1992 Pa oe 6 Response Ocnation or purchase pf eas events or acreage from la ndowve rs is the only mechanism for long-termwildlife habitat preservation. Study of C^.e feasrbi lity of acavis it io r, for habitat preservation Ls recu.red by the BI R. David D,iI Orio (see Item b7 ). Comment States that it is inaopropri ate to approve the Plan until the University/Crest lawsv it is settled. Resp ohse The lawsuit was sig-red by all parties and resolved or, Mazch 2, 1992. Comment States opposition to the Plan because Land Use designations are inconsistent with the University/Crest Geve lopme nt Plans as approved by the County. Response The Plan is a pre-zone which becomes effective upon annexation of territory to the City. Future annexations will occur following negotiations between the property owne c, oz owners, and the City. Historically, there have been some differences between Lhe County's General Plan and the City's General Plan. Upon annexation to the City, such differences (if remaining) are resolved by General Plan amendment. Following adoption of the Plan, this would still be the procedure with an additional requirement to process a ^upecific Plan amendment. Co svnent Reyu es is that the City work with the County to resolve differences. Response The Plan provides a point of reference for future cooperation between the City and the County. The City has gone on record seeking cooperation with the County on Sphere planning on several occa sions• On November 29, 1989, the City Council approved a Resolution Requesting Cooperation. On June 6, 1991, Che Council approved Resolution No• 91-155, again requesting County cooperation with the City on Sphere land use planning. (See attached item M9.) To date, the county has not chosen to participate with Uie City on joint pla nni nq activities. 1 (p ]~ WRITTEN AND ORAL TESTI riONY February 26, 1992 Page 7 r (Please note that letters previously addressed to the Planning Commis5i on were attached to the aforementioned letter from Mr• Dilorio. These letters are part o£ the Pla nninq 000~1aSlOn Staf£ Reports and were forwarded to the City Council under separate cover.) Mike White, Standard Pacific ^_omment Requested clarification that the existing Development Agreements would take precedence over the ENSP. Response The Specific Plan i5 consistent with State Law on the relationship bet'•e en Development Agreements and the Specific Plan. Richard Douglas, iaod•ark Land Developrnt Co~pany Comment Opposes annexation. Stated that his company was not conau lted in drafting the ENSP. Response Landmark participated in the early stages of develepment of the Specific Plan, including input on the Hillside Development, Ordinance. The Hillside ordinance was drafted in response to the extensive hillside acreage in the Specific Plan area. In addl ti on, City staff and Landmark representatives have met on many occasions to discuss their respective plans. Further, Landmark submitted comments on the draft EIR. Landmark's comments are included in the ESR. Also, see response to David DlIOL10. Attachments (D (p San Bernardinc Sage Friends 1382 Wesley Avenue Pasadena, CA 91104 (818) 398-4962 Co^tm issioners Cflltiea February 26, 1992 Commissioner ScNiel Commissioner Melcher commissioner Tolstoy Commissioner Vailette Rancho Cucamonga City Planning Commission Rancho Cucamonga Civic Center 10500 Civic Center Drive Rancho Cucamonga, CA RE: Etiwanda North Specific Plan Environmental Impact Report for Specific Plan 90-01 and General Plan Amendment 90-030- City of Rancho Cucamonga Envirnonmental Assessment and Specific Plan 90-01- City of Rancho Cucamonga Environmental Assessment and General Plan Amendment 90-036- City of Rancho Cucamonga San Bernardino Sage Friends is a Grassroots Conservation Group with several hundred individual supporters as well as endorsements by the Endangered Habitats League (a coaltion of over 30 conservation organizations), the Green Party of California, The Gabriellino Nation, The Gabriellino Tribal Council, and the. ,john Muir Center for Regional Studies. We are a member of the advisory committee of the Resources Agency of California "Natural communities Conservation Planning on Coastal Saga Scrub" that was enacted by AB 2172. We would like to furnish these comments and recommendations in opposition to the presently proposed Specific Plan and General Plan for the record. We recommend that all land immediately north of the northern utility corridors be zoned as Resource Conservation (RC) and that all areas south of the northern utility corridors be zoned as Natural Open Space (Natural OS) to exclude agricultural, and urban developments on top of, or north of, the Water Recharge Basins and Riparian Habitat. We recommend that the city of Rancho Cucamonga and the county cf San Bernardino develop a comprehensive "Habitat Conservation Plane and until that time place an Interim Control Ordinance on the "Etiwanda NSP" ,project site, prohibiting removal and Grading of Coastal Sage Scrub and its related communities. This is to include all proposed developments in the Rancho Cucamonga, Incorporated city limits, Alta Loma, Cucamonga and Etiwanda. ~~,.( ITEM NI We recommend and encourage The City of Rancho Cucamonga and San Bernardino County to become active participants in the State of California NCCP program on coastal sage sc•2•ub. The "Etiwanda North Specific Plan" Final Draft EIR Bas not mitigated Biological Impacts to a level that is less than sigr.if icant. Current Studies estimate that there is less than 5$ left of coastal sage scrub in California. Phis is a extremely significant amount of Natural Resources that has been destroyed. Not only does the Coastal Sage Scrub of Northern Etiwanda support biological life, it supports cultural and spiritual life. Within the past 4 months the City of Rancho Cucamonga has approved Grading Permits to Developers who in turn have removed approx. 150 acres of coastal sage scrub. According to the Memorandum of Understanding by and between the California States Department of Fish & came and the United States Fish b Wildlife Service regarding coastal sage scrub NCCP in southern California, December 4, 1992: " 2. There are 13 species of animals and plants associated with CSs that are on either State or Federal lists of endangered, threatened, or rare species". " 3. The USFWS has proposed the coastal California gnatcatcher (POlioptila californica celifornica) for Federal listing as an Endangered Species". According to Atwood's Status Review on the California gnatcatcher, there have been sightings historically and currently in wash basins of the Alluvial fan, coastal sage scrub in San Bernardino County. According to a letter by the U.S. Forest Service, of the San Bernardino National Forest, dated September 27, 1991, by Cindy L. Oswald for Elliott L. Graham to the U.S. Army Corps of Engineers concerning the impacts of the proposed Damming 6 Debris basins of the son sevain wash and Etiwanda Creek..."California gnatcatchers are currently being considered by the UHFWS for listing as an endangered apeciea. The species was found in 1991 near the confluence of Cajon wash 4 Lytle Creek in similar habitat; a survey for the gnatcatcher in the project area is recommended". ~ (P0 9U!lHARY 3 r San Bernardino Sage Friends opposses the City of Rancho Cucamonga's "Etiwanda North Specific Plan" based on these facts: 1. ENSP Final Draft EIR fails to mitigate Natural Resources/Biology to a level less than significant. 2. ENSP Biological surveys are minimal and inadequate, based on the fact that the City of Rancho Cucamonga S the County of San Bernardino have not funded an in-depth Biological Survey that is presently being requested by the State of California's "Natural Communities Conservation Planning on Coastal Sage Scrub/Scientific Review Panel" guidelines under AB 2172. 3. The City of Rancho Cucamonga and County of San Bernardino do not have a comprehensive "Habitat Conservation Plan". 4. Loss of Habitat and Natural Resources (sae page 2). 5. Non-existent Hydrology Studies of Wetlands (11 Acre Sedge Hog/Fen) or their protection. 6. Development on top of "Water Recharge Basins" does not comply with the "Clean Water Act". 7. Loss of Cultural Resources. e. Religious Freedom for Native Americana (Destruction cf plant species (Salvia apiana), and other species. 9. Increased Taxes. S0. Increased Traffic. 11. Increased air and groundwater pollution. 12. open pit mining. 13. Increased Flash Flcodinq. 14. Overcrowded Schools. 15. Increased Crime. sincerely ~'~Tr~"C ~!~ Leeona Klippstein, San Bernardino Sage Friends ~v 01 BRUCE FARNSWORTH P H O T O G R A P H Y r February 26, 1992 Coommissioner Chitea Commissioner McNiel Commissioner Melcher Commissioner Tolstoy Commissioner Vallete Rancho Cucamonga City Planning Commission Rancho Cucamonga Civic Center 10500 Civic Center Drive Rancho Cucamonga, cA RE: The planned EIR for the "Etiwanda North Spacif is Plan" I have reviewed the Etiwanda North Specific Plan, and have several concerns about the proposed development. I appreciate this opportsnity to offer our comments for your consideration. I am concerned about the proposed developments in the area and their cumulative impact on the incredible biological diversity found here at the base of the San Gabriel mountains. Threatened plant communities include the purest remaining stand of white sage in California and the only Sedge Bog in the region. Fine areas of Mountain Mahogany Successional Woodland, Riparian communities, and California walnut woodland also exist here. The Sedge Bog below Day canyon, and its surrounding hydrology, must be studied further. Runoff from residential areas, including pesticides, petrochemicals and fertilizers would have significant adverse effects on the bog. Z would refer you to the comments of James des Lauriers, Professor, Chaffey College, Alta Loma, California. The riparian community of Day canyon are in pristine condition, and must also be preserved. A large coherent preserve would include Alluvial Pan saga above the power line easement, the Sedge Bog and surrounding white sage community, the California Walnut and Mountain Mahogany stands, and other valuable areas including San Savaine, East Etiwanda, Day, and Deer canyon washes. Such a preserve would obviate much of the wildlife loss that comes with habitat fragmentation. Please refer to the documentation of Professor des Lauriers as to the many protected species of plants and animals in the vicinity cf the project sits. These areas contain excellent habitat for the San Diego Horned Lizard (Phzynosoma coronatum blainvillei) and the California Gnatcatcher (POlioptila californica californica). The Horned lizard has been observed, while proper surveys must to conducted for the gnatcatcher. ffEM •Y l la 5)b Wcel W'hernmb Avenue Glendora. CSI Jomla 91740 (NINI ?15 ~5)OA FAX fNIftI AS'!.IIMI4 z I would request that there be an "Interim control Ordinance" put in place immediately to protect these areas from illegal grading activity, etc. There should also be an amendment to the General Plan which will tore this area as "Natural Open Space" and "Resource Conservation" areas. Thank you for your consideration: ~J~ U ~/~~ Bruce Farnsworth, B.S. Zoology ~1~ ~(; ';~ a ~w.:-' Gabrielino Tribal Council 133 Brooks Ave. Claremont CA 9].711 (714)625-7983 Feb. 26, 1992 Commissioner Chitiea Commissioner McNiel Commissioner Nelcher Commissioner Tolstoy Commissioner Vallette Rancho Cucamonga City Planning Commission Rancho Cucamonga Civic Center 10500 Civic Center Drive Rancho Cucamonga, CA Summary; The Gabz lelino Tribal Council of Southern California opposes the " Etiwanda Nocth SPecific Plan" in the City of Rancho Cucamonga. We believe this plan must be opposed in order to ensure the survival of the California Gnatcather, the Coastal Sage Scrub Habitat In which it lives and our Cultural Heritage and Religious Freedom. Ny name is Stacy Thompson and I am here to represent the Gabzielir.o Tribal Council and the concerns of the Gabrielino People. I would Like to state that the Gabrielinc People oppose the "Etiwanda North Specific Plan" which would prezone approximately 7,000 acres of Alluvial Fan Coastal Sage Scrub Habitat fox residential development. This type of Sage Scrub Habitat is the pretezed habitat of the California Gnatcather which is currently up for listing as an endangered species. The Gabrielino Tribal Council has formally requested an Emergency Listing of the California Gnatcatcher as an endangered species .The Gnatcatcher is cnly ooe small bird that may seem insignifigant to many people, but as we ace now fled lnq out every one of the species on this planet aEEe.t the species acound them ,even people. In order to save this species we must save the hahitat in which :! 11ves.The Coastal Sage Scrub Habitat in which the Gnatcatcher 1:': ns also contains many other species of both plants and animals, .''3 ~~E which are Federally recognized cand ld ate species Eor endange:~d species 11st1ng.Theae are now all threatened by development. `~ y ITEM k3 Only 5~ of the original California Coastal Sage Scrub Habitat remains, and it can be found nowhere else fn the world. The city of Rancho Cucamonga has the last signi£igant stand of Alluvial Fan Coastal Sage Scrub Habitat in San Bernardino County. My people ,the Gabrielino people are now in the same position as the California Gnatcather and it's Sage Scrub Habitat. We were once the most numerous of any of the Indian people on this continent, now we are only a few. Since 1900 the experts, the anthropologls ts, have called us an extinct people. We are not ,but we are an endangered people. We , like the Gnatcatcher must have the Coastal Sage Scrub Habitat to survive. I am speaking now of Cultural and Spiritual Survival. The Coastal sage Scrub Habitat in which the Gnatcatcher lives contains many medicinal and edible plants that my people have used fox thousands of years.The one of greatest concern is the White Sage(salvia apiana), which Ss concidez ed sacred to us and has been used for many types of religious ceremonies by many Native Americans from all over the country, not just the Gabrielino. My people once ranged from Malibu to Laguna, and from the Islands off our coast to the San Gabriel and San Bernardino Mountains. We lived in the area that you now call Rancho Cucamonga. In fact the name Cucamonga was a Gabr Sellno word. We occupied and used the Coastal Sage Scrub Habitats in all o£ this area for subs istance living and Eor spiritual renewal. It was and still is our church . We go there to pray and to gather the White Sage with prayers and offerings. Then we use this sacred plant to purify ourselves and we use SC to carry our prayers to the Creator. When we did this in the past the Gnatcatcher was always there, now the bird is not always there and our church is not the same. Each time we lose another species our church becomes a little more empty. So you see when we come here to debate whether to approve the development of the City of Ranck.o Cucamonga and the " Etiwanda North Speclflp plan", you must remember all of the endangered species which need this place to survive, including the original people.The Gabrielino are not being asked to simply let one species ~3 become extinct or one tract of land to be taken In the name of progress and development. We,the indigenous people of this land, are being asked to let a part of ourselves die out and become extinct. We axe being asked to glue up our beliefs our church and our religion. We have already been Forced to give up so much of what was once here for all to share that we cannot stand by an8 let what Ss left of our cultural heritage, our identities be destroyed. We must not allow the Gnatcatcher, the Coastal Saqe Scrub Nabitat or my people to disappear. Extinction Ss forever and this Sncludes people as well as birds and plants.The development of North Etiwanda must not be approved Sn order to protect the Coastal Sage Scrub Habitat and all of the species found there. I formally request that this statement be added into the Environmental Impact Report for the "Etiwanda North Specific Plan". //' " ' ~~ Stacy 1'h ompson The Gabrielino Tribal Council ~~ l ~etruary, 2~, 42 ::ublic hears :~ =.anc:o C~,c a~enba, First o£ ali I 'd ant to expree.s that i'N aca_nst t..".e 3ancho Cuc amorga "fiiiwanda ?.or ;, 5-ecif is P1 ar." I '.: ould like to state, that i am tr~.;ly concarned. For if ':re cont~nue UN as r;e are doing, '.+e will 'nave .nothinE left of the natural, Prist!ne beauty) t'rat rre sti_1 Lave ri gY.t in our own back yards. I r,we a ooncerr. as well for future generatiors to come , 'rfr.at wlll '..e 'nave left them? A laacy of "MAN -MADE" lakes, parks, and golfc nurses, and more New :ores. Ur a natural habitat, that houses many endanEered and Threatened species; As far as I'm concerned their has not been enough studies Done !n this area. For Sns Lance (HSoDiveresty). Something We are loosing every day: That :re can- not ra Place. If ycu want to save species you have to cave Eco- Sys to ms. "We stand now where two roads diverge. Hut unlike the Roads in Robert Frost's familiar poem, they are not Equally fair. The road we have long teen traveling Ss Decptively easy, a smooth superhighway on which we Progress with great sresd, but at Sta end lies disaster. The other :'ork oi' the road- the one 'lase traveled ty'_ .,. .. Uur lay t, our only chance Lo reach a destination that Assures the Preservation of our earth." Thank You very much, concerned citizen. Cherie Overman ITEM K4 (1~ ~"~.6-~!~G; f~+¢. LL~i`ILU~t ca'~ rL~ ~-E.Z'.</C~-Crt/ZG~, ~~x .LYE _Lt.r ~e..~l(u`'jc'.~eGC~ C ~L~ :. (~lZ~ ~~ % ~" ile.- .T fry ..c:.(Z..i~ ~~',~~ ';,/ ~c~t1_vLi,Z t= `..~.iF~ ~.iL~~CC ~r`'..i~°li~~::,rcl iLL C<.°-,._ //, /CL ( G, %~-~.t_. ~ - L iZCQ .~/_~~/di 9/_.t.~ ,~ ,.C c' ~Ct1 1"!_~~~ /~.c1~Ctl1~.~- cl•~~ _,/1-:tZt~E.:G'-~y C.~1z.l.t~ :~:~<<... ~ ~• E C // i `/• w ~~ '`.~c ~1 `"`CLLC-`f'Lr C`~CZnL ~`L Ll'<<Lcc%/,~i: L~iC~ ~~`.~ ~,cc(t2>~~-«,tL ~C~~LI,:`~2~ ;'c2~L FJ~f3~- r~L~l[G'~..4.CrG~~ SCuJ 'L /c LZG~-fc ~tLCtY~ rQ[L ~ ~ ~r `1~~:/s~K cLe:t~G~ ~G ~'Ct~~'G~S~r . J _C' CL. ~~~.I,CC C'~2.6C~~~-UC C~,tLC~<~C:li X1 _~~~~,~f~2~.~(-E~~//7QL>Ujl~ t:~i .b}.~L(cl : /l C C/Q~ Gc'c'~~~/~L.~- CG`~CC~ /~~GIL- //c'C~Z~~ C'C,~eQ- IC~L'L r ~ lLilE: ,JELL ;~~~~-c/'• ~ f~/,~,C~~}~~~~~ ~_ ~n r>'c1"lZ,ju~ (%ld~ ~°~~i~L~ Cz . '-%ttlC'•r,~C'Lt .v ~y~LCkL ,tl~lrl~~"ytzGtfl~(4Jj CL lGyC tC"-_~~~: ~/e%; Lt~_! ~"t~ -.E'GCG~j~~- ~~'t'LeT~'Q~~}s /~/(~4f~C/Z ~E ~~tL~~~~//'' _ ~~l.t~~C~~-t ~. k./ l~lG~//i:~. ~~.k. ~.ifC7~c~tlC, ~-..C.ll~/1.' //f~.o~-C. _f~/L '!/~1„'~iG ~. r~~. .C/Lc~''~G~ LCI~CCL.iC ~"Z~ZL'GL~ .4H~E~L./~ai~~~~~f(i.ICF cZ _ /(.' ' /// C /.'k`r r . ~Cc~!~ !zee, ~C.1; .,Cit~Es-xc~cGr~~t.~~~ ~7%~/l..L~'~Y~~'L% C~~Tc:es ~~~lL~~'<<<- ~ /,... - --- , /'~ `rCcZ/~tcc~~c~'~~~cx,~cl~c~14',~Jr/, ;}~'~sT~~-~~<'«< ~ ... „• / _ '~f~it cjc tCGL"Q~<zJ~z~ ~cC~G~C6~'~ ~~1/~G=~~ _ll 'r: ~~ r/ ~ ~~ ,°% ~IGL t ~ r.,~:a ~ - . ~ ./ / y- ..~ l r, t ~ e:- r 'r ~. ~ /~'C e LL.C Lt.~ I cC G C ~C<. (~,~~I~"" ~ / . ~~; /i, .t <~ , ~/ r.j, ir,~,'! ~ ~~ ['C:Z/L ~ ~ I ITEM MS r l' r /'~ C )J~.J. ,~~c~;;{`i~lc~~- E/R /ilGr,.t~" CG4~~"~-t- f6(cJ- >~~~, Gl rC~. ,cl,~'.Zlc` r~~~Zt~c~1l~`~ryL~ Jr~E-<L~~~. ,l.L ~~ -_ ~`~ _ c. ~~~C.t~-cLa. ~ lL:r~ ,c~.,/f.,1,22i _li~,,;'c{%-7G2~211.~-c.~] fLCcL~ CC~'Q ~~4./:~i<~~ /'/~i ii~ C rC /!'C~ ~,(,~CO1E,U/ CL'c.X_GL `~ :~'9~-G~ . ~f ~~~~j~~ `.~e8-: ~ ~6, ~9~ i~~ Crnnients on the Etiwanda North Specific Plan: I appreciate that the city has devised a zoning plan that inwlves the whole 6,840 acre region, not just pieces of it. Furthermore, I am pleased that the FS1SP seeks to preserve the bog and protect its water supply. Robever, Z do rot feel that the plan adequately addresses the Cucanonga Fault Zone, which lies roughly between the powerline read and the bog. I realize that the Plan takes into account two fault scarps and designates a 100 foot "fault corridor" around both. But Z wish to a~hasize that more than tw faults exist in this 1/2 mile-wide fault zone, and when dealing with a thrust czn~lex such as the CLCannnga one should consider the whole zone, not just surface expressions. Any plans to build within this hazardous fault zone must seriously neigh the known facts. First, cork done by geologists ,john Matti, Leslie McFadden, John Tinsley, and Doug Morton have found this fault to be significantly active and potentially dangerous. In the Geological Society of America Field (;vide of 1987, Morton, Matti, and Tinsly state that earthquakes on this section of the fault are estimated to have surface wave nagnitudes of 6.5 to 7.2, and have produced vertical displacomnts of over six feet. This past Monday, Owg Morton informed ne that the uplift rate of the fault, (5 mm/year), classifies it as one of the more active in California. Even withwt the statistics, the existence of a high, steep nnuntain face north our city testifies to an active thrust fault. In addition, the above geologists have reached a anclusion that the fault scazps north of Etiwanda did not occur simultaneously (Matti et al., 1982). Rather, during the past, new breaks and scarps have formed in different places within the general 1/2 mile fault zone. This means that there is a possibility of new ruptures occurring in this fault zone. Besides the dangers the fault presents to buildings and lives, the Nrampnga Fault has significant aesthetic and educational values as a natural feature. For example, in 1987 it was ranked by the Cordilleras section of the Geological Society of America as one of the top 100 unique geological features found in the United States. hbreover, Uaxl Morton claims that these scarps aze the best preserved in Southern California. 2b surro~uxl this natural feature with houses would surely result in degrading it. In summazy, the Cuc<viv/ga Fault is a unique, natural feature. But it also poses serious hazards to any development north of the utility corridor. The FS1SP should recognize this fact, along with numerous biological considerations, by prohibiting development north of the utility corridor. Sincerely, Qa11 ICOnlirig 6729 t(ernnsa Ave Alta Loma, Ca 91701 g ITEM N6 References: Matti, J.C., J.C. Tinsley, and D.M. Norton. 1987, The Cucamonga Fault Zone: Geological Setting and Quaternary History. Recent Reverse Faulting in the Transverse Ranges, Calif. U.S. Geological Survey Professional Paper 1334. p. 17S-2U2. Matti, J.C., J.C. Tinsley, and L.D. McFadden. 1987. Qicamonga fault Zone scarps, Day Canyon alluvial fan, eastern San Oriel Mountai2s, southern Californa. Geological Society of America Field Guide--COrdilerran Section p 199-200. Matti, J.C., J.C. Tinsley, and L.D. McFadden. 1982. fblo~rle faulting and allu•: ial stratigraphy within the Cucamonga Fault Zone: a prel+mt na,-y r ew. Guidebook: Field trip A12. 78th Meeting, Ohrdilleran Section, Geological Society of America. p 29-43. I GM'~ogul Sono;+oi {,Tina l[.,.-,,,..Y . _... iulGe-~ ~~ i,'~er3n kavir .9i' ~4 Cucamonga fault zone scarps, Day Canyon alluvial fan, eastern San Gabriel.Ylountains, southern California p, }/. ,Lfarron, d C Slatti, attd J. C Tinsley, L:5 Gecicg:cal S:rr,ey, i4' S1rdGle{ielC Rou4 .'denlo Park. Caiifarnm tiq,;i m .3 - m .. ... n -~ ~ ( e.. ~ zz .. o•~ -~. .,.j . __..-_. _..-_--~:__-_.-w ;~ a - ~.. - - >- Z -- figure L Map showing geologic rchuors along the Cucamonga fault :one at ;he south margin of the eukm Sao Gabnel Mounuuu. I.OCAiION AND ACCESS®[LITY The Cucamonga (auli zone divides the high eastern San ~iabnel Mauntams from a bread alluvial apron to the south. The n:c u IocatW on the Day Canyon alluvial (an where straosL' of .he Cucamonga fault zone have produced ieipressive scarps aoss- mgthe fan surface f Fig. I ), Thu site u rtaddy aaxssible by inking 'he 6yselire Road exit from I-t0 approximately f0 mi (16 km) ease of th< my of Onano. Dme 015 mi (04 km) west en 8afeiine Road to Etiwanda Avenue, turn north and go J nu `- km) to ;he end of Eawanda Avenue. At the end of Ehwanm .4~:eou<. an easawest oriented dirt power-line se r. ~,e parallel to and )ust south o(the southern lault sure morga fault zone. Procenliog OS mu (0.8 kml ~~~ wands Avenue oo the power-line seraia road. a ~~r •- north npthe Day Caoyop alluvial (an crossing the •~•.~, r,. of the Cucamonga fault zone. This road cods ei a ,. about 0 5 mi (0.8 km) from the power-line read i - situated on !op of one e( the northern scarps of ate fault zone. The U S Fort Service hmldmgs re . Day C'art'on Staooa, arc looted south of the lo-. n:.: . F99 I gp _7G D 4f Moron card Orrters p v(a 13 i f: i 40 m I h;gh scarp The dirt reads can'ce rough, hm are generaiiy eudy passable for passenger cars. SIGSIFICA.NCE OF THE SITE ?;:e C.:amorga fault zone is ere eiemevt o(a compesae _cc:ai fault ~~. stem, ;ommoniy retorted ;o as the Malibu-Sierra \taJ c-Satin \!oma-Cucamonga [aWt system, or zcne, which :trim :I:e ie..;nem rouadan' of the Transverse Ranges Pmvmm a'es; of :he San ;amnte tau!. The fault zone u wmidered to be the %sa!! ei tom er gevice of the Peninsula Ranges ro the south, aCh the Transverse Raoga to the north (Morton and 1fattL d5"~ T.r. minimum com'ergence rate at Day Canyon u aoFrox- :ma;eip > mm~yr ioc the less: I3,OG0 years (Matti acd others, I vFSI. Ea¢hquakes produmng the scarps arc estimated to have .`.ad ;carfare wave magmruda of N 6.5 to M ?.?, and produced '. r,,si susace displacemena of abotu 6 h (2 m) with an average .....v^erce :; ;en al of 625 years. The Cucamonga fault zove haz a 'sx;h of 0 5 mi ~ D. E km I and haz the arcatest number of veuthful .`v.: scars unirg the alDr'tal (ors fankmg the southern margin ^f .he high. Sao Gabnel Stountams. The Day Canyoe alluvial Fan ;cr,alns t.`.e greatest assortment of young sesrps and the mast Via; eel Quatemarv tectonic record along the Cucamonga iavit u:klJ, i9~51 SITE INFORMnl7ON The Cuwmon¢a fault zone here wnslts of a aria of anas- tamosm¢, rcnh-dipping rcveru and thrust faults, with a^ abuv- ca:;ce cf csconuvuous south-(acing warps. Sarps extend .seer.;maasslp over a d'Stavice oC i 4 vu ! 22 km) between Sav '. n:omo Can}an. 8 m: (13 km) west of Day Canyon, and Lytle Qee's. b nu ~ ! 0 kml to the east (Morton, 1976). Of the ten larger afluvwal teas along the Cucamonga fault a.: ce herween San Aetonm Canyoe and Lytle Creek, all except eve. ;hc Deer Canyon fan 2 mi (3 km) west of Dey Canyon, have en:: etched fan heads. Fault scarps cut all ages of alluvium except en Deer Canyon fan and the active alluvium covering the en• «etched channel. [a the area of Day Cavyov (m, the older (aWts ore pnmaNy located W the northern pert of the zove where they arc avhm myloniuv basement rack or are thrust cnvmcts be- twren znylonitic beumevt and Pleistzxeve alluvium. The upper plates of the thnisra cnmmovly show evidence of backward :om- nor. The younger faults are located iv the sout6cm part of the zone where they cut 13,000 yr old and younger alluvium. The oldest end highest scarp ov the Day Canyoe fav l veer ;he Day Canyon Station where the maximum height ¢ 131 h f10 m). The scarp u preserved 'here because it is an isolated bedrwk knoll. The knoll l capped and flankM by alluvium; the steep 13ci°1 scary tau u basement covered by a thin veneer o[ coliuvmm. The age o(the alluvium capping the knoll ¢ ~sumued w be no older than 13,000 years on the bass of sod profile development. On the west side of the bulldmgs are a lower com- prsae scarp JO (L !12 m) and a paleo-stram channel auk a rather ee,^,d<grzd¢vt I U' I, w'm<h :nay reflect mcampkte deera- daion of av zmvall mach steeper scarp. 75e southernmost scarp para!leiing the pevJ--I:re ;; eel on Da} Canyoe 's the most uislmcive in deducing a sequence of sudace~rpranag thrust-iavltmg evena. The age of the ailuvial surface cut'ny the ;omposne scary is estimated to be S,fi00 y3 The length of the hearty irnear scarp is 2.5 tin ',4 kml. Tepo- graphm profiles wnswtted across the scarp show heights razysag from 6.5 to 52 h !2 to I6 m1. The highest par, of the scary u readd;+ sect just west of where the road leading to Day Cavyov Station crosses ;he cult scarp. The iowett scarps are best seen on both vela of East Etiwanda Canyon east of Day Cam~ov fav. TSey rev he racked by taking the power-live road east from F-tiwanda Avenue 0.3 to 0.5 m: (0.5 to 0.8 kml. Of pamndar interest u t5e preunce of throe dflferent h<tght scarps lust ;o the west of the evtrwched fanhad of East Etiwavda Canyon. Scary he' hrs ~ m tM • h beSAprpducrA~n vul- t~ o(6.6 ft ('_ m). A trench cot across the southernmost scarp of the Cucamonga fault ov Day Canyon fan expoud a 35` worth dipping, 6.6 ft (2 m) thick fault zove at essentially the midpoint of [he scarp face. The starys formed from an initially imfaulted alluvial (ao surface, preserved vow az erosional remnavu at the top of the SZ f; (16 m) high sorry. This surface waz suhlxed to a loves o(thrust-faulting events along a realtively thin shear rove. Each event produced women! otTsera nr at., r 6 F h-(2~ aLtl;e 5=rfaee. Erosion between faulting episodes removed ugmeces of the scarp, producing a stepped transverse profile, Each step rep resents owe or possibly more thrut-faWnng evevtt. Th'uy~p southernmost composite Cuzamovga fault scare aptxars :o re- cord esadeaa of eight earthquakes, each ~unng a 6.6 _c'?-m) component o v-y~ mw_t wnh a:ecurtcoce :nterva: of approximately 625 vars. If movement on this fault s all dl; rap. the displaremevt (or each event would be approximately i! .^. f3.5 m). [f 6.6 h (2 m) vertical offsets fanned the 131~c ".i¢h (40 m) scarp at Day Cavyov Station, the recurence .nten s, :+r ground-rupturing a~ents a about the same az de:e:mmed is r'nc southernmost scarp, 650 years. A 0,5-ini (O.g-km) hike up Eazt Etiwanda Canyon ;+ .~ the power-line road !reds to av exposure o; m7lomtit'.^,aw-r': throat over Pleutoceve gravels. The fault at this exposure. - cast side o[ the wash, dips 35° to the north, whlct is ;(p -. the dip of the Cvcamovga fault. REFERENCES CITED &ku R., 1918, Anuwl fans ,o sae CuumooAa daar~- ~ .mm, !names! of Groloag v. 16, P~ 11x1/7. Main, l C, ! ;awn, D M., noel Cm, B, F. 19Aa--, Duna :an n.° .- ~ a. r<huov of fault sys¢w io :ore .worry of the Cenvv tra sae's ~ : n rsmuWem Gldonw:U.S.Gmlopd Survey ()pcn.F.ic P•mnsa Monoa. D M., 1976, Crtolope map of roe Cuumcnga fa.r erne ~^ --' •- An;ooio Canyon and Lyrle Crxk wuthcm ~~ ~ ~ a I • ' Sunev Opeo-Flo Repon 76736, wle 12d :}x; z~:~ Monon, D N„ and Mam, J. C., 1987, The rcaun ~naa v ... scums and Qwremary Iwmq L 5 Grolrm.~... 1779 (m peen! ~' The Caryn Development Compan;~ 34 Execvrivr, Park. Suite IFa. lrvire, Calilomia 92%I4 0lrice i7;4) 863-9001 F-1X i%14J 863-0199 February 26, 1992 CITY OF RANCHO CUCAMONGA Planning Commission P.O. Box S0~ Rancho Cucamonga, CA. 91729 Re: Draft Etiwanda North Specific Plan Dear Chairman and Members of the Planning Commission; The Caryn Company, University of California and Etiwanda Highlands LTD, feel that it is inappropriate to oroceed with the Draft Etiwanda Nonh Specific Plan being proposed by the City of Rancho Cucamonga at this time. As you are aware, the CEQA lawsuit has heen signed by the City and all the Real Parties in interest and is awaiting County signature. With [he University/Crest litigation now resolved, the inconsistencies between [his approved project and the City's draft Etiwanda North Specific Plan remain. We have highlighted these issues in the past to the Planning Commission ir. letters from (a). Ltmd Plun Design Group dated June 26, 1991 and October 7, 1991 and (b). Flamilwn and Samuels dated December 31, 1991 and January 8, 1992 (see attached letters). In addition, this draft Etiwanda North Specific Plan has no planning impact on this specific plan area since this area is in the County of San Bernardino and is administered by the West Valley Foothills Plan. We yucstion the rational of proceeding with a plan that has no effect on the identified planning area. We reyuest that the Planning Commission send the plan back to Staff in light of the University/Crest CEQA settlement and work with the County of San Bernardino StafF to eliminate the present inconsistencies as a result of the approved lJniversity/Crest project. S eIX yours, ~_ avid Dilono ~ Caryn Company ce: Supervisor Jon Mikels Mr. Timothy L. Johnson Mr. Pat ivlcGukian Mr. Chris F. Pauls Ms. Betty McKay Ms. Debora)t Elliott-Fisk rtEM M7 Igz FEB 1A193G ENDANGERED I~IABITATS LEAGUE ~~ty~' ~ PM nsd;nld ~o iM prolar4aa a(Couut 3.H 5<rvD amt oil,erihrer~eneU amyr,emr ~Ini~~~~it; ~.~l~;;i Dan Silver, Coortlinalor 1422 N. Sweelz<r Ave. #401, Los Angles, CA 91)Ofi9 Phone: (213) 654.1456(H>; (2t3y-78A-114F(~W3 FAX: (213)657-1319 February 11,1992 Brad Buller and Mild Bran Planning Dept., City if Rancho Cucamonga P.O. Bos 807 Rancho cucarnonga, CA 91701 Dear Rannen Butter and Bratt The Endangered Habitats League is a coalition of ova 30 southern California conswation groups dedicated ro constructive land use solutions. We ate in full support of San Bernardino Sage Friends' program to preserve Alluvial Fan Caasml and Riversidtao Sage Serub Communities in the jurisdictions of Edwanda, Rancho Cupmonga, Fontana, and San Bernardino County. It is time that concerted and coordinated efforts be made as conserve this habimt and its many threatened species. It is insufficient for pietxmeal planning and dvelopment to otartinue. The cumulative impacts of such an approach will teadt vt mmidgab~ damage to the eoosyssmt. We thus urge the County, and abovenamed Cities in thetr spheres d infiaenoe, to amend and adopt Open Space and Resotuce Conservation Planning in place of Residential and Agee Mining provisions. Regarding the Ciry of Rancho Cucamanggaas Etiwaada North ~~eecctr& plan, General Plan amendments for zoning north of dte northern udlity corridors should daiptam this region as Resource Conservation. Further ux of these patrols sad waterwayyss should be for conservation only. Any further chamteliza4on of stream beds of Day Canyon, Etiwanda and San Sevaine Washd would severely degrade and tro longer suamin the riparian habitat and the 3308 aces of alluvial sage scrub vegehnon of the washes now rcmeioing. The 1 t acre peat bog, situated in Day Caayoo and witltin the Fbwaada North spactfic plan. is a unique natural tesotace sad treatrue for sathern California. Every meaeue muu be taken to preserve iu pristine rnrditioo. We taommerd that the aeon sotn6 of dre rtarthern utility taltrida be de~gnated in the General Platt predominantly of Open Space, with emphasis oo mamtainaoce of wildlih corridors and substantial rmoaal opao rpaca. IYo development should axur north err an top of water txharge basins. It is our troderstand'irq that biologial storeys fa those arras ate ftegtterttly inadequate or even taoctistent. Wa take yes to require the tesponable aFencid to obtain new in depth surveyswhich comps with the guidelines set forth ppyy the Screnhfic Review Ptulel on coastal sage scrub in Governor Wilson's 1Vaoaal Communities Conserwuon Planning (NCCP) program. The County and Cities shadd also seek enmllment in the IYCCP progam in order f4lessen the impacts of ertdangerted species listings for twasml sage scrub speciaa. 111ank yW for yqR cansidaatiorr. ~IIIC@ely~ U~ ~~ Dan Silver ITEM K6 (~3 ENDANGERED HABITATS LEAGUE MEMBERS Laguna Hills Audubon Society Palomar Audubon Society San Diego Audubon Society Las Angefes Audubon Society Buena Vista Audubon Society Pomona Valley Audubon Society Palos Verdes Peninsula Audubon Seciery Pasadena Audubon Society Sea and Ssge Audubcn Society EI Dorado Audutwn Society Sierra Club San Diego Chapter Sierra Club Angeles Chapter Friends of Penasquitas Canyon Shoreline Seudy Center Carlsbad Arboretum Foundation Cottonwood Creek Conservancy Ecology Center of Southern California Friends of the Hills (UC Irvine) Defenders of ~IdIHe Orange County Fund for Environmental Defense Laguna Canyon Conservancy Mountain Defense League Save Our Coastline 2000 Laguna GreenbeR, Inc. Friends of Batiquitos Lagoon Friends of the Tecate Cypress San Diego Biodiversity Project Rural Canyons Conservation Fund Friends of the Santa Ana River Tri County Conservaton league Los Alamos Nephborhood Association California NaWe Plant Society Committee for the Environment (Orange County Bar Assoc.) l ~~I Re~AL[]iZCN NO. 91-155 A RElUiUPION OF 'IHE CITY OF '1HE CPI'Y OF RAN(NO C[iCJ4'1]NGA, CNSFCH3~RA. PBQUfivPIhG 'Ili SUPPOKf OF 'I73E SAN HER`IA13fJIN0 COSR7I'Y BOARD OF Si7PQN'iSOPS kF1A2'IVE '10 'ItIE CITY ACTIONS IO APWDS IRE Ef1wAPIDA NOA1H SPFiES2E ARFA WFQ~RFA.S, the City has always maintained that our Sphere-of-Influence is vital to the welfare of our mmarity because of ge~..phic locaticn, inter-connectim of drainage, circulation, tapo~gaptry, emiYO:mwntal and service relationships; aid wHIItFAS, the City desires to faster the e~etlitiorts acd logical anmxation of said Spherebf-Influences; anfl W7~RFAS, the San Berrurdino County Boar:] of ° ~- ~ has erq~ressgi interest in fostering iigsoved sub-regional and loml cooperetim in pla.~i~; and wEQ~RFlvS, the opporrimities are mt present to eruble a coordinated approach to lard use and developmQnt in the Sphere; aid wEiFRFAS, the City desires axsistency in developaent patterns and regulati~ between the City's Sphere-of-Influence and the City; ard Wl¢RFAS, the City feels that the didiot~y between County and City developrpsit regulatiaty, policies, aid standards enm~smges developers to play one against the other, therefore, frustratirq any annnmtim atlaipt_a; and WE~I2FTS, it is in the public interest to ensure emiromoentally, as well as ecorrmically sound planning for the Spt~e-of-Influer~oe; and WI~RFAS, the aruiexition cf said Sptmce is a key factor to the successful nnderation of dereity, use of mgwtible develop¢mit ara,~..a~, coordination of ~ facilities and ultimate dsvelopment of the areal aryl 118SREaB, the City am the aamty have bent workia2 towrd the common goal of amoall~Ca is platmirg for the City'a e1Yax~a-of-Influmaca, ae most recently daa0aatratd bq prmparatioa of a City Ltivaada lbrth specific Plan cad a county Etivanda North spaailio Plaa. NCW, 1}il1iEEORE, the City CCUroil of the City of Perrin Cucairor~a does hereby resolve as follCws; 1. 'Rie City requests the oocperatim aid mtivent of the ~tY in arviexing all County-owned laid within Pardro Cuc~acnga's 'here-of-Influencea; 2. 'Rie City requests the Hoard of Supervieor'm suppork Por the City's effotts W arv~+c the remainder of its northern Sphere, REM M9 l `(5 Resolution Pto. 91-155 Page 2 3. the County grant to the City, through a caperative agreemnt, review and praccssi}g of all planning arcl development proposals (with all naquisite prornssirg fees) within the S~nere-of-Influence, while havicy the County retain its approval authority; 4. The City urges the Board of Supervisors to adapt a position that all development within the Randio Cucamonga Spherebf-Influeme to required to follow atd adhere to all development t= .°-~:.- and policies of the City of Rancho Cucammga; and 5. 4Ae Beetd of ~nvi~ern edvider a 96 t2g dpy ~ of deve>`ep~t ePPPimliau in as ~ to emb}e dfe P~P^s P>~9 ~tY and the 9eeafty; mfd tla! tedut;~e} ~lFae ~~~ of 2sly and eamly ~f be tented be ~Y same. 6. Thy Board of e~pecvisass ommiGr~ t eosprtmi.an of epDece-of mtlv~ce tmtil ~~s BtSranOt Month epecillo PLa is aQopts7. PASSID, APP%7VID, and AOOPi'ED this 5th day of .,lme, 1991. AYES: Baguet, Stout, Williams, Wright NOES: Ale~der Detvtis L. Stout, Mayor ATT'FSf: 7. ,City Clerk O! • 'h gage 3 I, Dt~A J. AiNMS, CTTY CL~Il{ of the City of Random Cucamorxla, Califo_,.ia, do hereby certify that the foregoinq Resolution was duly Eusssl, approvsi, aryl adapted by tte City Council of the City of Random CuoaROtya, California, at a regular meeti~ of said City council held on the 5th day cf June, 1991. Executa3 ti:is 6th day of June, 7991 at Fandro Cvc~morxja, California. 'City Cler The foregoing Instrument Is a correct copy of the original on file in this office. ATTEST: --1~ruY~e <p , 19~_ DEBRA J. ADAMS City Clerk, Rancho Cucamonga, C21if. (~~ ~ .1 \ C H O L L~C:.1 ~tO ~<<.~. March 19, 1992 Leeona Klippstein San Bernardino Saqe Friends 1382 Wesley Avenue Pasadena, California 91104 SUBJECT: SAGE SCRUB HABITAT Dear Ms. Klippstein: Z would like to thank you and the San Bernardino Sage Friends for taking the time to discuss with the Planning Commission and staff the issues regarding the Riversidean Alluvial Fan Scrub (RAPS) habitat. I would also like to take this opportunity to provide you with some information that will hopefully assist you in your future work with both the City of Rancho Cucamonga and the County of San Bernardino. The City of Rancho Cucamonga historically has desired the maximum amount of control within our Sphere-of-Influence or the unincorporated area of the County. However, the County has the only authority to control development within this unincorporated area of the county The City's Em-ironmental Impact Report for the Etiwanda North Specific Plan identifies RAFS habitat in the City's Sphere-of-Influence. Most of the RAFS habitat within the County's unincorporated area appears to be suitable for a RAFS habitat study. Preliminary development approvals have been granted by the County for the University/Crest site and the Day Creek Spreading Ground area. The County has proceeded to the tentative tract approval level for the University/Crest project, subject to U.S. Fish and Wildlife and California Department of Fish and Game permit approvals. As you era aware, there are no unfragmented areas of Coastal Sage and no large, unfragmented, unencumbered areas of related RAFS habltat within City limits. Additionally, the County has also issued project approval for aggregate resource mining for 485 acres within Day Creek Wash. Mining permits are pending and should be issued shortly. A required Fish and Game permit has been issued for the aforementioned project which permits the mining operatic r. provided that a wildlife corridor is maintained and that wildlife habitat i~ restored when the mining operation is completed. For any add itiona; information regarding these activities, please contact Andrew Rush, count, Mining Review Team at (714) 387-4099. b~aVOr DPnns ~ 5rpu1 ~ C.'oUnalRlember DianO Wiibom5 '~~ .y~;r P^>'em Ndu~m J ~iPxc ntler ,; t ' ~ COUnctlmember Ppmelp J Wr9. n C¢ .a m, AiCP Cin, Nonager Coun<nmember Cnones J 9uq :-~' l ga LETTER TO: LEEONA HLIPPSTEIN RE: SAGE SCRUB HABITAT March 19, 1992 Page 2 To date, there are four residential project applications active in the County which have RAFS habitat areas. (Sae attached Status Report for Sphere Projects.) There is also a pending application filed by the San Bernardino County Flood Control District with the Army Corps of Engineers for facilities on Etiwanda Creek and San Sevaine Creek which have RAFS habitat areas. According to a report to the County Growth Management Task Force on February 24, 1992, presented by Valerie Pilmer, Deputy Co-Director of Planning, the County is reviewing sensitive habitats within the County which may be suitable for preservation. The RAFS habitat in the City's Sphere-of- Influence is being considered for study. In 1990, a consortium of Etiwanda North Landowners, chaired by Bob Michelson, filed an application with the County for an Etiwanda North Specific Plan. A comprehensive study of RAFS habitat, implemented by a Resource Management Plan, was to be a key element of the County's Etiwanda North Specific Plan EIR. However, the County staff indicates that the application will be withdrawn and that an EIR will not be prepared. City staff has written to Ina Petokis, Deputy Co-Director of Planning, requesting the official status of the county's Specific Plan for the Etiwanda North area and asking how the cumulative impacts of development in the City's Sphere will be addressed. The City Council public hearing on the City's Etiwanda North Specific Plan has been scheduled for April 1, 1992. The staff report will be available on March 27, 1992, and a copy will be mailed to you an that data as requested. Currently, the Etiwanda North Specific Plan as proposed by the City is only a pre-zoning document. This prepares the way for annexation, but the City does not have regulatory authority until annexation occurs. It appears unlikely that any annexation will occur in the near future given the lack of property owner and County support. The City's Environmental Impact Report for the planning area is a program EIR as defined by CEQA regulations and will require further environmental assessment of any incremental annexation and/or development request to the City. Included in the City's Etiwanda North Specific Plan are two key mitigation measures. First, a Resource Management Plan must be completed prior to an}' project approvals. That Resource Management Plan will be prepared and a draft is expected to be completed by the City shortly after the Etiwanda North Specific Plan is approved. Second, prior to any project approvals, a study must be completed to determine the feasibility of acquisition of the area between Day Creek Channel and Etiwanda Creak Channel and north of the Los Angeles Department of Water and Power utility corridor. Acquisition 6y purchase or by dedication of conservation easements ie the only long-tern mechanism to preserve these RAFS habitat areas in our opinion. `b n LETTER TO: LEEONA KLIPPSTEIN RE: SAGE SCRUB HABITAT March 19, 1992 Page 3 Since 1988, five properties totaling 1,117 acres have annexed to the City, all of which were encumbered by Final Tract Maps or development agreements. (See attached Status Report for Sphere Projects.) Therefore, none of the annexed properties are available as potential new RAFS habitat conservation areas. For your information, development agreements are a legally binding contract between the City and a property owner which confers certain development rights to tha property owner. Project approvals that have progressed to construction phase also confer certain development rights to the property owner which are legally binding to the City. Any enrollment of these lands in the Coastal Sage Scrub Study as described oy your associates is limited by these legal encumbrances mentioned above. Only the County has authority to enroll parcels in the unincorporated area north of the City. I hope this information helps clarify the planning the Etiwanda North Planning Area. you in the future. If you should have an any time. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT P DI N Bra City Planner BB:MB:mlg zoles of the City and County for I look Porwazd to working with y questions, please contact me at Attachments cc: The Honorable Jon Mikels, San Bernardino County Board of Supervisors Timothy L. Johnson, San Bernardino County Valerie Palmer, San Bernardino County Ina Petokis, San Bernardino county Lewis Neeb, San Bernardino County Bob Michelson, Planning Consultants, Inc. Mayor and Members of the City Council Chairman and Members of the Planning Commission Rick Gomez, Community Development Director ~ `~ b HODI FICATION TO CONDITIONAL USE PERMIT 91-03 - JAMES PAGE - A ieaue9^_ to otliEy the hours of operation and to expand the permitted u6ea wi ex ing 103,522 square foot indoor wholeeale/retail c ial use locate 'Loin the Genecal Industrial District red 10) of the Industrial 'fic Plan at 11530 Six t. et - APN: 229-262-28. Motion: Moved by Valletta, s~ Conditional Use Permit 91-03 following vote: ra, to continue xod if ication to 1992. Notion carried by she AYES: COMMISSJIPEAS: CHITIEA, MCNIEL, VALLETTE NO£5: CyRISSIONEAS: NONE COMMISSIO!iERS: NONE -carried $NVIRONHENTAL IMPACT RE PORT FOR SPECIFIC PLAN 90 O1 AND GSN A PLAN AMENDMENT 90-038 - CITY OF PANCHO CUCAMONGA - A public hearing to comment on the draft final environmental impact report prepared for the Et iwanda North Specif is Plan and General Plan Amendment 90-038 to prezona approximately 6,860 acres of territory in the Rancho Cucamonga sphere of influence to provide for 3,613 single family dwelling unite on 2,473 scree of vacant land, 28 acres of neighborhood comsercial use, 4 schools, 5 parka, an equestrian canter, and preservation of 4,112 dozes of open apace generally located north of Highlnn0 Avenue (State Route 30), south of the San Bernardino National Foreec, west of the City of Fontana, and east of Milliken Avenue. (Continued from January 22, 1991.) B. ENV*RONMENTAL ASSES SlQ+NT AND SPECIFIC P 90 O1 CITY OF RANCHO CUCAMONGA - A request to recommend approval of the Etiwande North Specific Plan, prezoning approximately 6,840 acres of territory Ln the Rancho Cucamonga sphere of influence to provide for 3,613 single Eami Ly dwelling unite on 2,473 acres of vacant land, 28 acres of neighborhood cemmarc ial use, 4 schools, 5 parka, an equestrian canter, and preaervat ion of 4,112 acres o[ open apace generally located north of Highland Avenue (state Route 30 ), south of the San Bernardino National Fotset, we et of the City of Fontana, and seat of Milliken Avenue. (Continued from January 22, 1991.) ENVIRONlBNTAL ASSESSMENT Axn GENEA I Pl ax MF CITY OF RANCHO CUCANONCA - A [ague et t0 recommend approval o[ i General Plan Amendment to provide consistency with the draft Et iwanda North Specific Plan, prszoninq approximately 6,840 acres of territory in the Rancho Cucamongs sphere of lnf luenw to provide Cor 3,613 single family dwelling unite on 2,473 acted of vacant land, 28 scree of naigMorhood commercial use, 4 echoo la, 5 parka, an equestrian center, and preservation of 4,1.2 acres of open apace gemrally LocsUd north of Highland Avenue (state Route 30), eouth o! the San Bernardino National Forest, west of the coy of Fontana, and east of Milliken Avenue. (Continued from January 22, 1991.) Planning Commietion Minutse 'UQf' February 26, i992 1 Miki Brett, Aeeociate Planner, presented the staff report and a statue report for sphere project e. Shv showed a map identifying Resource ooneervaCSon areas, flood control areas, and Open Space denigrated areas. Ne. Brett indicated a letter had been received Erom the Endangered Bab irate League requesting tha4 the area north of the northern utility corridors be deeignat ed as Resource Conaervat ion and that the area south of the utility corridor be designated primarily ae Open Space with nc development permitted north of, or on top of, water recharge basins. She noted that a letter had also been received from The Caryn Development Company opposing adoption of the Plan because of inconsistent iae with the Univere ity/Crest project and the County's West Valley Foothills Plan. Chairman NcNiel opened the public hearing. Leeona Rlippateln, San Bernardino Sags Frianda, 3382 Wesley Avenue, Pasadena, indicated el,e had attended a Resource Agency of California meeting and she provided an enrollment application for undertaking a survey of the land Eor coastal sage scrub. xe. Rlippetein presented a letter from the San Bernardino Saga Friends opposing the Et iwanda North Specific Plan (ENSP) and requesting that the wren north of the northern ut p ity corridors by zoned Resource Conserver ion and that all areas south be xonad av Natural Open Space to exclude agriculturnl and urban develcplsents on tap of, or north ot, the water recharge basins and riparian habitat. The letter requested that the City and County develop a casprvhenslve "Habitat Conwrvation Plan" and that an interim policy be adopted prohibiting teaaval and grading of coastal sage scrub. She remarked that there i• leas thnn 5 percent loft of coastal sage scrub in Califotn ie and thaw are 13 epvcie^ of an Lmal• and plants aevociated with coastal sage scrub on either federal or stated lists of endangered, [hrentened, or raze species. She stated that the California gnatcatcher hoe been sighted in the area and ie currently by ing considered for listing ae an endangered species. Marlene Trunnel, 1011] Bal Air Avenue, Montclair, commented that the area ie considered by 6iologivte to ba a critically signif icant elty for [he coastal saga scrub habitat. She felt that the region shoo ld not ba covered with houses, golf courses, shopping evnters, and roads. Shv requested Ghat ail tlevvlopmant i.n the project area be stopped. Stacy Thompson, The Oabriellno Tribal Council, 133 Brooke Avenue, Claremont, submitted a letter from the cabrial Lio Tribal Count ll. She opposed development in the BNSP area. She ea Ld the coastal saga scrub habitat ie home tc the calltorn is gnatcatcher and also contains medicinal and edlb le plants that the Gebriellno Indiana uu, including iM Wh1G Sage, which iv considered ¢acred to them. She report ad the Tr1Dal council had requested an emergency lietlnq of the California gnatcatcher as en endangered species. She stated her people were the orlglnal people of the land and the sage aerub hob is at must 6s saved Cor [heir survival. Triahe Buchanan, 7952 CoL Street, 1208, Downey, stated she was Wetlands Chairperson for the Sisru Club. SM sold they were lntsrestad Ln the sage, bog, and rlparien portions of the Brea. Sh• remarked that California hoe o sc over 90 percent of the wetlands and there are few bogs left similar to what a in thin eras. Sh• requvated that the bog and r.par San area 6v protected. Planning ccmnisaion Minutes ~-Q3~ February 26, :id. (I~ Lewis Trout, 7851 Leucite Avenue, Rancho Cucamonga, stated he ie Vice Chairman o£ the Sierra Club. He commended staff and the Planning Commise ion fur tr'fing to baiancs the demands of the property owners and conserver testate. He requested that the area north of the bog be scrutinized very carefully and <hat lands draining into the bog not be permitted to have resident ial development. Ho commented that residential development or a golf course would carry pollutants into the bog and destroy it. He regv sated that the drainage area to the north be pzeaerved. Ms. Bzatt noted that staff had recommended a change in the designation for that area to open Space. Shia la Cochran, 6608 Mimosa Lane, Aancho Cucamonga, submitted a letter of objection. 5ne was concerned about the propo eed increase in taxes of $222,820,000 for capital improvement e. Sha expressed dismay that only 10 percent of the increase would De paitl Dy the new revidant e. She said her pzc party taxes had doubled since 1986. She felt that Lf the ENSP ware approved, some of her neighbors would lose their homes because Chay would not De able to afford the taxes. She expressed concern about an increase in traffic and commented thnt traf Eic on Poothill Boulevard t• virtually at a standstill during rush hours, emitting Righ levels of carbon eronoxido. Sho felt that many ch Lldren suffer from rseplrstory problems caused by smog. She requested that the arse be preserved for future generations. Cheri• Overman, 14990 Randall Avenue, Fontans, opposed the Specific Plan because she feared development will destroy the natural, pristine beauty. She did rot feel there hnve been sufficient studios done in the arse and stated the ecoeyetame must be saved in order to anve species. Sha thought that continued development epeLle disaster. Dan Koning, fi729 Hermosa Avenue, Rancho Cucamonga, stated he ie a gee log}' student at University of California at Riverside. He appreciated that the City was devising a r.oning plan to involve the entire region, Lnetead of only portions of it. Ha alto was pleased chat the ENSP calls fez praeervation of the bag and iL water supply. However, he did not feel the Cucamonga earthquake fault zone between the power line road and the bag had been adequately addressed. He provided a map with a letter end rstsrencee. He said that studies have indicated that suttees wave magnitudes of 6.5 to 7.2 have produced vertical dlsplaeoment• of over b feet. Ne stated the high, steep mountain face north of the City indicats^ it i• an active throat fault. Ha requested that development Do prohlbitsd north of the utility corridor. Terry Burke, 4H0 East Del Hsr, Paoadena, stated he was working to anve forest land in northern Californis. He indicsGd that loggers ors currently being put out of work Ln northern California because of a lack of trees. He felt that in order to dwelap the land, woad would be needed. He said aerial photographs Dhow the line of foothlll• is virtually completely paved all the way from rho coast to this arcs and that rho arse 1• the last native hob i[at in Southern California. He asked that the short term benef lts be weighed against tM lees of forest lend. Planning Commlaslon Minuta• '.h. Fsbrunry 26, 1992 ~n2 oav id Dilorio, The Caryn Development Company, 36 Executive Park, Suite i5j Irvine, objected to the City's ENSP because he felt approval would violate the epic it of the Dn ivereity/Greet settlement. Richard Oouglae •, Landmark Land Company, 10410 Roberat Road, Calimeea, stated that it ie a matter of record that the City hoe applied to the Local Agency Fermat ion Ccmmianion (LAFCO) for annexation of the area. He asked the statue of that application. He. Sratt zeapontled that the application ie on hold by LAFCO becau ee of lack of support of the landowners. Hr. Douglass stated hie firm ie opposed to annexation and wishes to remain in the Ceuney. He referenced Landmark iettwze of opposition dated September 18, September 11, and June 27, 1991. Ha stated they had not been consulted in drafting the ENSP and indicated he we• unaware of any studies having bean conducted on their property by members of the puhl ic. Bruce Farnewart h, 536 West Whitcomb Avenue, Glendora, presented n letter of oppcait ion. Ha was concerned about development in the area and the affect on the white saga, the bog, the mountain mahogany, riparian communities, and the California walnut woodland. He felt that pesticide and fertilizer run-off will have an adverse eftect on the area. He requested ptaeatwetion of a large area including the alluvial fen eage above the power line aassment, the eedgs bog and surrounding white sage community, the Cal ifornle walnut and mountain mahogany stands, and the San Savaine, east Etiwanda, Dayr and Deer Creak canyon washes to avoid habitat fragmentation and resultant lone of wildl Lfe. He requested that interim measawe 6e adopted to protect the area from illegal grading activity and that the General Plnn 6e amended to zone the area as Natural open Specs and Resource Conservation. Ha mated that development of an Ln-depth biological survey would preclude costly legal actions. Valerie Card, 10019 9anyan Street, Rancho Cucusongar felt the area hoe restorative powers. She indicated that hawks, owls, and deer inhabit the area. She was concerned that developewnt would require the importation of water and that development would not be in harmony with rho environment. Mike White, Standard PecifiC, 1565 Wast Hacllrthur Boulevard, Costa Mesa, requested clariflcat ion that the Development Agreement hetwwn the CiT.v and Standard Pacific with reapeet io Tract 13565 would take praeedence Deer she ENSP. Arad Buller, City Planner, atflrmed that wa^ correct. Cynthia Allnira, 1246 west seventh Street, Pomona, felt that Eucore generat Lo n• should have •omKhing to look at otMr than concrete and sew-o at zu cturu and golf courue, Sae commented that golf couru• pone a health threat because of the amount of Lnwct icidu and fart liters going tare ".e aquifers that everyone Ln the valley relies upon. Mr. Farnsworth urged tM Clty to •nro 11 any roe etal eage areas under the eLty'e jurisdiction Ln the Natural Communitlae Con orvetien Planning pre-,: ar. under The Reaourcee Agency of California. Planning Comm ice Lon Minute I'-91. February 2b, :•~: pl ~{ Eilli¢ Schwarz, 1051 Eaet Fourth, 2-O, Ontario, stated she ie n member of the Sierra Club, Loa Sarrnnoa, Green peace, Earth Save, antl the Greene. Slf9 c cmmented thnt in 1650 there were trees reaching from coast to coast and 100 years ago this valley was timber country. SF.e stated that the planet ie leainq 200 species a day and two football fie lde of rain forest a second. She said oxygen ie generated by the rain forests and the plankton of the ocean, which is being decimated by oil spill e. She remarked that the trees and wetlar.de moat ba preserved for oxygen. She asked that the sage, bog, and Indian cu ltuz al habitat be preserved for the sake of future generations. Scot[ Rittenhouse, 1550 North Hobart sou levard, Apartment 12, Loa Angeles, requBated that the area north of the ui ility' corridor be vet aside ae Resource Conservation and the area between the utility corridorv b¢ preserved ae open Space. Ha asked that all future resident Sal construction b¢ limited to Very Low Residential in the balance of the ENSP area. He said he had reviewed the environmental impact report (EIR) and ha felt there wore some flaws in the way the information was presented in the document. He fa It the land uses prepoeed in the EHSP era inappropriate. He did not feel that the hillside areas are au it able for Hills Lde Rae idential and Hillside Residential Estate developm¢nt becauea of the very steep grade, the fact that the EIR vtatee the soils and eubstructurs is excessively unvtnbl¢, and the major earthquake fault running under the hilleidae in the area. H¢ Lndicstsd the hilleidae are like a pyramid and more than just a narrow corridor will be at risk in the avant of a major earthquake. He thought en earthquake would be more davast nt Lng than the lnst or.• in San Francisco becauw the hills ors steeper. Ha did not foal the area Detween the utility corridors ie eu itabl• !ot housing because of risk for brush fires. He indicabd the strong winds ir. the area would roues any fires to move rapidly and people living on the hilleidae would be overwhelmed and would possibly not be able to escape becnuee of the narrow road a. Ne felt there should be a buffer zone between the wild areas and the areas where housing currently ex iota. He thought there should be a buffering apace between the mountains and the reeid¢nt ial area. H¢ reported that recently the C Lty and County of Loe Angeles were able to protect cesidencea in the Sylmar area from brush fires becauea there was open specs between the mountainous areas where the fires started and the residential areas. He noted that Glendale loot a lot of homes in a fire there becwuss there ie a lot of hillside development with no msrgin of snfety beiwwn the mountains and the resldencee. Hs was disturbed that surfers mining may bs allowed, ¢epecially on top of the spreading grounds where water would than flow into the drinking water supply. He stated that under the Celitornia Environmsntel quality Ac[ (CegA) that possibility should be adtlrevead. H¢ felt that Larq¢ amounts of PH10 (dust) would bs emitted Into the atr and pollution would ba craat ed by dLeeel trucks going to and from the area through neighborhoods. Chairman McNlsl lntarjscted that the County has jurisdiction over the rock crusher operation and the City had unsucceeefully challenged the County :.. court. Mr. RSLteMoup thought the project indicated there would be a 91 percent increase in trsttLc flowing through Aanc ho Cucamonga. Hs ea10 the ESA traffic motlel esumsd full build out of eCreetl and Route 30 being bu lit. He thought the study should consider the traffic Lmpact• on current atre¢te and r.hen Planning CommU•ion Minut¢• 1~rAN-~~ February 16, :552 l `~ propose mitigation measurs• to Laeasn the impact •. He did not feel Route 30 will neeessarily ba built and he questioned if money will be oval labls 7oz capital improvements on City streets. He questioned if the equaetrian canter would be an apptoprieta use far the area beeeuea he felt that would generate a lot of traffic. He noted t.`.az the report indicated the area would generate an additional 10,000 tone cf trash per day. Ha thought the addit ionel waste would preclude the City from being able to meet AH 939 requ iremente to reduce soLitl waste. Mz. Rittenhouse stated that AH 3180 requires a mitigation monitoring program fo: every EIR. He did not feel the proposed mitigation monitoring program was s at iefactory becau ae it provides for mitigation meaeurea being imposed as each separate project ie proposed. He felt that would invalidate the EIFi. Ha thought the City should not adapt the ENSP because only 10 percent of the 5200,000,000 ~ suggested capital improvements would be paid by developer foes, meaning that the balance would have to some from tax zwenues. He objected to pzeaerving only small patthe• of open apace because he felt wildlife habitat would not be preserved. Ha indicated ha had not had en opportunity to review [he City's cenerel Plen. Hs taut Loned that the Genarel elan and the ENSP should address the earthquake haznrds, open apace preservation, and wlldliEe preservations. He said that if those items were not addressed, there may be inconeiet e:.eie• In the City's General Plan, which would invalidate it. Chairman McNlsl etetad that the City oleo i• required to periodically update the cenerel Plen and the Clty is in compliance. cemmiesioner Msleher noted that most of the out-oE-thrarea epaaker• had been kind enough to divulge their interot in the proceedings. He asked if Mr. Rittenhouu would be kind enough to do so also. Mr. Rittenhouse etabd he had been requested 6y friends who era environmsntalLb who live Sn the Paaadsna area to review the EIA. He indicated he works tot one of the larger cities in Los Angeles County and hie lob involves reviewing General Plans and EIRS to be sure they conform with Che 1dM. Hearing no further totimony, Chairman McNLl closed the public henring. Chairmen HcNisl asked Mr. Huller to outline the circumstances surrounding the prof sot. Mr. sailer commented that the nrea is within the jurisd Lce ion of the County, He indicated the City was nttemptinq io prezone the area to set ablieh et andarde in the event the area annexes tc the Clty et a future time. He said that any dewloparnC propose l• In the area would be eubj act only to County st andarde, not the standards contained In the plan. Hs remarked that <he City we• attempting to adopt the 6N9P to •stablLh some qu idelinu for et a,EE cerponeee to the county a• projects are procnud through the County's dwslopmsnt review process. Ne reported that the only plane currently appllcaDl• to the aru are the City's General Plan, tM County's West Valley cormunLty Foothills Plan, and the county's Csneral Plan. He aid the county PlannLnq Comsieslon Minutes 6A~. February Pfi, 1992 had previously Deert in the protest of adopting their own ENS? and the City had heard that the County may have dropped proeessing that plan. Ho obeervad blot the City's ENEP pmpoees elgnificantly fewer houaee than the County had in their plan. Larry Henderean, Principal PLanner, remarked that part of one developer's proposal in the County calla far a County General Plan Amendment to increase the number of dwelling unite permitted. He indicated the City's plan calla for approximately 20 to 30 percent fewer unite than the County's base plan. He reported that the Count'y'a base plan allcws additional density bonu sus for good design. Chairman NcNlol felt that the property may eventually annex to the City and that dove iopment within the arse would have a groat impact on the City even if the area does not annex. He noted that the City'• ENSP calla for decidedly fewer units Chen what la in proce ne in the County, even if it did net meet the austere goals of eomo member of the audience. Commieeionar Chit tea remarked that one of the raasoN the Clty wns formed was to take some control over the quality of dweloposnt. SM noted that the County has aomewhaL different ideas and rownily decided not to raise developer fees to pay for infrastructure. She said the City la currently trying to annex the area baceuw iE it ware pert of the City, Gher would be more cantrcl over development. Sne noted that until tM area Ss annexed to tM Ciiy, tM landowner can develop under tM County end the City has no Gay in tN dsneities proposed. She said the City was trying to prswrve the prLtine area and also satisfy fns nead• of the landowner. Sne tall the city had done an admirable job of preparing the BIR. She noted toot eomo different pelota of view had boon prsawbd thi• evening, which sM felt wore very moving. She indicnted that LE inclusion of those comments would provide a more powerful tool to protect fns undeveloped area, the information should be included. Shs Leered extending the proeess may preclude any •ty the City hoe Sn what happon• in the area. CcmmlesLoNr Nslchsr roncuzrd with Conmlulonst Chltiu. Ha stated he was ant irsly sympathetic to the idsn toot the City ie trying to Get solos guidelines thnt will exert morn control than the County may ovary choose to exert. Ho quutlonad it it auy W bast to give staff time to respond to the commL•ion with rspsct to the bat tawny Chat had bNn preunbd. Ha thought Ghat may aLO b appropzlab out of reapset to Joe DSIOrlo. commlesionor Valletta concurred with Commisslonsr Cnitiu. Sha said the also would li)u to have mor Lnformai loo on the whit •sqe end its primary hablGt. Sha wanted to eddreu dwelopment above LM utility corridor. Sha quotionad if soft had any 1nLormaCLon on the width of the encroachment of development wish cupect to tM fault line srsas. she raquubd more emphaeia placed on rscoamendatlon• to the Ccunty wltn rupsct to victual impact of dewlopmsnt within the foothill arse. She thought more natural mabriale and clusbrlnq o! tM housing may be appropziab. She agred Chet once development occurs e[ound open space, it no longer is natural. Sha felt chat staff had don. en excellent job in address inq the concerns o! the area. She Planning Commies icn Minutse ~-qA+ Fahruary ?fi, 1992 I, wanted to keep everything north of the utility corridor in its natural et ate. Comm ieeioner Toletcy indicated hie hoc kg round ie in bio logy and he was ve=y eympathet is with those who advocate preservation of the white saga, the bog, and animal habitat. He hoped the individuals would al ao speak with County officials because the County hoe jurisdiction over the property. Ho said the ENSP ae formulated by the City ie an attempt to mitigate what the County hoe set forth fcr the area. Ha did not feel that any further study by thw City would be helpful. Ne felt the Commieaion should recommend approval of thw %ZR and ENSP to the City Council and the plnn should be adopted ae wocn ae possible to help in et aff'a courtesy revtewe to the County. Chairman McNiel agreed with Commissioner Tol stoy. He noted that tF.e plan had been continued Erom prvviou• meetingv and had been in proceaa for a long time. Ho did not feel a further delay would help in rho City's dealingv with Che County. Commiaeioner Toletoy felt that further changes would put the Ciiy in a more atlverearial powition with the County. Commieaioner Valletty •tatad she would not be oppoawd to forwsrtling the matter to tM Clty Council if the coeananb weto LnUudad. Nr. aullvr remarkwd that thw tlocunwnte received thi• evening and the minute of the meeting would ba forwarded to the City Council. Chairman McNiol observed that Lha County has a limited number of etaft and may be more removed from the area. Ha sold the Clty Le wty conwrned about the area because it tmpeece the City mores then it Bowe iha County. Commivaionwr Chit lea sakwd Eor ogee conewnwus from the Commiuion regarding the information received at the meeting. She wantW a strong massage going from the City to the County Chet ihw City ehaza• thw concerns that ware voiced regarding preservation within the Sphere. Commissioner Tolstoy felt the SIR and the ENSP take into account the preurvetion of aomw 1rnplacaaDle natural rasourews. Ha felt iha tlocumente show the City L quite wnwitive to those concarna. Ha hopatl that uneitivity would ba ttansfsrrad to thw county bwcauu ha did not foal the County has shown evnsltivity to preswrvlnq the rswurcu. Ne felt thw ENSP addreeaes the city's concatne and the protection of the public and hulth end safety of futuro ruidanta in the nru. commissioner Nwlchar noted that the Planning Casmiwaion would only bo acting as an advisory penal to thw CSCy Counoil and the mattara would ha forwarded to the Council tox final adoption. Notion: Mowd by Malchwt, ucandsd by ToLtoy, to adopt the reeolutlone racommwnding sdopt ion of the 6nvlronmental Impact Aaport for Spwc 1[ic Plan 90-01 and General Plan amanament 90-038, Cwnwral Plan amwndmsnt 90-03B, and Spacif is Plan 90-01. Motion carried by the following votes: Planning commission Nlnutu 49-- Pahcuary 26, 1992 148 AYES: COlDfI SSIONERS: CHITIEA, MCNIEL, HELCHER, TCLSTOY, VALLETTE NOES: COMMISSIONERS: NONE ~ ABSENT: COlDfISSIONERS: NONE -ca[tied , Chaff-man NcNlei thanked Lhe public for their preaentatione. . • . • ~ The Planning Commission receaeed from 8:55 p. m. to 9:10 p.m. + . . n ~ D. AON N C T ON N T 3 66 V W - - A raqueat to modify a condi n of appr 1 requiring the preservation and transplant inq of 22 0l trees (Olen opa) along the western elope of the flood control la adjacent to the unity Trail for a previously approved Tract Map naiating of 754 aingle ily lots on 67.8 acres of land and Cor a pray usly approved tleeign rev in of building alevatione and dsGll•d siG p for 84 single family lots wt in the tract, locabd in tM Low Reside ial District (2-4 dwelling unite r acre) within the Etiwanda S itic Plen nt the eouthwat carne of Summit Avenue antl San vain• Roed - APN: 226-I11-02. Steff commends ietuance oC a Nagat • Declaration. Beverly Nlssvn, Auociau ann•c, pteaented the yCaft report. Comniuioner Tolstoy askW 1 thorn is anypl %/in LM City where Australian Willow ereee exist in a mature at Ne. Nlee•n did not know of any, bu Commiuioner Vellatte thought they Center, but nobd that Chay era n Commlsaionez Melchor aakad if y o Qravlded a picture of a mature tree. planted north of the Terra Vista Town r• as yet. i had bNn raised by the applicant. Ms. Nisssn replied that the applicant h d requested that a 15-gallon repLC•eient airs be used nrtud of the 36-Lnc box trees suggested by et off. Cortmlesloner Chit i•a sad chat the photograph In ca[ed atypical willow witn fol tags to the qro she eked Lf the foliage ld M trimmed up. Brad Bullet, CS Planner, rapllad that It Could G inured up. Ha felt that it would ptob y be kept off the ground for security eons. Commission Chitin asked if that would be attrsetiva. Nr. Bul r bsliwed it would be. Cha an McNLl opened tM public Maring. Commission Nlnutea ~'1Pq- February~26, :352 ~ ~Q RES OLUTIGN N0. 9a. ~ /Cl` A RESOL'J'I ION OF TEE CITY COUCiC IL OF THE CITY GF RAN CriO C UCAMONGA, CP.LIFO RNI A, CE ATIFYING THE F:N AL ENVIRON MENTAL IMPA CP REPORT FOR T. N~ ETI.WA!7DA NORTH SPECIFIC PLAN AND ADOPTING THE STATEMENT OF GV EP. RI OING CO`isIOERATIONE. A. Reci•a ls. !i) There I;as been presented to this Council, in conjunction with this Council's consideration of the recommended adoption of the Etiwanda North SpeciF rc Pian, a Fir.al Environmental Impact Report. (ii) The Final Environmental Impact Report referred to in this Resolution consists of *_h at document dated May 1997, entitled "Graft Environmental Impact Report for the 'ctiwanda North Specific Plan," together with the draft Fi na1 Environmental Impact report dated September 17, 1991, including written corsnents on the draft ESR and written re sp ons ea thereto submitted by staff of. the City of Rancho Cuaamon ga, and test irony presented during the hearings on the recommended adoption of the said Specific Plan insofar as that testimony pertained to the environmental matters, as well as the revised executive sunmiary, including revisions to mitigations measures, as well as the mitigation monitoring plan and a Statement of Overriding Co rsiderations. Hereinafter, the above-referenced documents will 6e referred to as t11e "Final Environmental Impact Report." The entirety of the Final Environmental Impact Report is on file in the City Clerk's office and is hereby incorporated in this Resolution by this reference. (iii) A71 legal prerequisites prior to the adoption of this Resolution have occurred. H. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. The City Council of the City of Rancho Cucamonga does hereby take the fol Lowing artiona with respect to the Final Environmental Report: a. Certify that the Final Environmental ia~act Report has been prepared on the Etiwanda North Specific Plan in accordance with the provisions of the California Environmental Quality Act, CaliEornla Public Resources Ccde Secti nos 21000 et seq. ar.d with the regu lotions proanilgated thereunder. Further, that the Council certifies that it hoe considered the contents of the Final Environmental Impact Raport in considering the adoption of the Etiwanda North Specific Plan; b. Find that the Final Environmental Impact Report does identify physi cat environmental impacts inherent in the project and that changes or alterations have been incorpcrated in the project which miti qa to or avoid all si. gnif icant en vizonmental effects thereof other than as follows: 2CC7 CITY CC[SNCIL RESOLUTION NO• ETI wAhJA NORTH SPECIFIC PLAY EIR - CITY OF R.C. April 1, 1992 Page 2 Substantial alteration of existing open space land use character: Almost all of the total project area of 6,840 acres rs currently in natural open space. of the total, 4,442 acres will be designated as open space. Nevertheless, 2,112 acres are proposed for de veiwment au~ ..iii Hsu It in the loss of the existing open space land use character. 2) City transportation policies and Traffic: Apo licants for development will mitigate all on-site impacts and specified off-site impacts, as well as contribute to the City's Traffic Nexus Fee program for off-site impacts. Nevertheless, as a rasa It of incremental increases to cumulative traffic impacts, off-site impacts will occur even of tee' mitigation. 3) Lan df orm modification: App li can to foi development will comply with the Hillside Development Ur di nonce and City development standards. Nevertheless, grading for development within 2,112 acres will modify the existing character of the alluvial fan and ppztions of the hillsides. 4) wildlife habitat impacts: The project is desi geed to retain large, defensible areas of open space which will maximize the habitat value for the project area. A total of d,d42 acres will remain in open space land use deli gnationa. N~verthe less, development of the 2,112 acres will diminish on-site wildlife density and dl varsity and fragment the remaining wildlife habitats. 5) Alluvial fan scrub habitat loss: Applicants for development will be conditioned to preserve 1-acre of alluvial fan scrub habitat for 1-acre of alluvial fan scrub habitat lost. There are si golf scant areas of natural alluvial Fan scrvb habitat within the project area which are available for preservation or which can be raha bi litated. Never fhelesa, almost all of the 2,112 acres planned for development are alluvial fan scrub habitat and will he lost. Zol CITY COUNCIL RESOLUTION NO. ETI WANDA NORTR SPECIFIC PLAN EIR - CITY OF R.C. April I, 1992 Pa qe 3 6) Threat to riper ian habitats: Applicants for development wi 11 be con diti en ed to retain existi r.g riparian corridors, as well as to provide a buffer zone to protect the riparian corri dots from degradation associated with urban deve lopr:.ent. Also, conditions •.uil_ be er.Forced to protect the Resource Conservation areas including restriction of human use to deli grated trails, exclusion of domestic cats and dogs, exclusion of off-road vehicles, and techniques to divert urban irrigation run- off and polluted storm flows. Nevertheless, urbanization of tY.e area will remain a threat to ripe r'_an ,*.a bi tat. 7) Short term fu giti.ve duet: Project app 11 cents will be conditioned to ivq~lement actions to reduce fugitive dust during cone [ruction to the maximum extent feasible. Never the leas, some construction dust will occur. b) Solid waste: Project applicants will be conditioned to participate in City waste minimization programs. Neverth elesa, Ch ere will remain an impact on landfill capacity as a result of solid waste generated by development of approximately 3,157 dwe 111ng units, as well as up to 28 acres of commercial development. c. Find that notwithstanding the unmitigated adverse environmental impacts specified in paragraph "b" above, that specific economic end social considerations make infeasible any project alternative specified in the Final Environmental Impact Report and conati totes an overti ding basis for Ccuncil approval of the project: and d. As to Chose impacts identified in the Final Environmental Impact Report which cannot feasibly ke avoided by mitigation measures and oro ject alternati vea, adopt of a Statement of Overriding Conaiderati ors in substantial Eorm to that set forth in Exhibit "A," attached hereto and incorporated herein by this reference. 2. The City Clerk to this Commission shall certlfy ^_o the adoption of this Resol:at ion. .Lo-Z BZHIHIT "A" HTATENEliT O! OVERRIDING COMaID3RATI0NH ,~ The Final Environmental Impact Report identifies certain impacts which cannot feasibly be avoided by mitigation measures. Impacts which have been mitigated to the maximum extent feasible, but still have not been mitigated to a level of not significant, include the following: Character: Almost a12 the [otal project area of 6,840 acres is currently in natural open space. Of the total, 4,442 acres shall be designated as open space. Nevertheless, 2,112 acres are proposed fcr development and will result in the loss of existing open space land use character. City Trarsoortation Po>>c~es and Traffic: Applicants for development shall mitigate all on•-site impacts specified off-site impacts, as well as contribute to the City's Traffic Nexus Fea Program for off-site impacts. Nevertheless, as a result of incremental increases to cumulative traffic impacts, off-site impacts will occur even after mitigation. LandPorm Modification: Applicants for development shall comply with the Hillside Development ordinance and City Development Standards. Also the prominent knoll, where t.i~.e historic U.S. Forest Service Fire Station site is located, shall be preserved ae open space. Nevertheless, grading for development within 2,112 acres will modify the existing character of the alluvial fan and portions of the hillsides. Wildlife Habitat Zmmacts: The project is designed to retain large, defensible areas of open space which eha 11 maximize the habitat value for the project area. A total of 4,442 acres sill remain in open apace land use designations, inducing approximately 145 acres in thn vicinity oP the bog and north of the northern branch o! the Cucamonga Fault, a portion of which was previously designated far residential development. Further, a Resource Management Plan shall be prepared and implemented. Nevertheless, development of 2,112 acres will diminish on-site wildlife density and diversity and fragment the remeininq wildlife habitats. Alluvial Fan +b Habi a ga: Applicants for development shall be conditioned to preserve 1 acre of alluvial fan scrub habitat for 1 acre of alluvial fan acnab habitat lost. it is intended that 4,x42 scree shall be designated as open space and that alluvial fan scrub habitat In Day Creek wash, Etiwanda Creek wash, San Sevaine Wnsh, anfl 145 acres in the vicinity of the bog and north of the northern branch of the Cucamonga Fault shall ba retained as open apace. Further to the maximum extent feasible, resource conservation easements EX}iIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS February 26, 1992 Page 2 shall be obtained for the aforementioned wildlife habitat areas. Nevertheless, almost all of the 2,112 acres planned for development are alluvial fan scrub habitat wF.ich will be last. Threat to Riparian Habitat Applicants for development will be conditioned to retain existing riparian corridors, as well as tv provide a buffer zone to protect the riparian corridors from degradation associated with urban development. Also, conditions will ba enforced to protect the Resource Conservation areas, including restriction of human use to designated trails, exclusion of domestic cats and dogs, and exclusion of off-road vehicles, as well as techniques to divert urban irrigation run•-off and polluted storm flows. Nevertheless, urbanization of the area will remain a threat to riparian habitat. Short-Term Fuvitive Dust: Project applicants will be conditioned to implement actions to reduce Lugitive dust during construction to the maximum extant feasible. Nevertheless, some construction dust will occur. Solid Waste: Project applicants will ba conditioned to participate in City waste minimization programs. Nevertheless, there will remain an impact on landfill capacity as a result of solid waste generated by development of approximately 3,157 dwelling units, ae well as up to 28 acres of commercial development. Notwithstanding these impacts, project approval ie recommended based upon a Pinding that specific environmental, economic and social considerations make infeasible any project alternatives spacif fed in the final Environmental Impact Report and accordingly constitutes an overriding basis for project approval. Substantial environmental benefits will occur as a result of approval of in the Etiwanda North Specific Plan, and associated General Plan Amendment No. 90-03B, ae follows: Of the total 6,840-ecre plan area, development will ba limited to 2,112 acres and 4,442 acres shall ba designated as open space. Applicants for development shall contribute to the building of the circulation and transportation system of the community by mitigating all on-site impacts specified off-site impacts as well as contributing to the City's Traffic Nexus ,Fee Program for all other oft-site impacts. EXHIBIT "A" STATEMENT OF OVERRIDING CONSIDERATIONS February 26, 1992 Page 3 Applicants for development shall comply with the Hillside Development ordinance and City Development Standards. Also the prominent knoll, where the historic U.S. Forest Service Fire Station site is located, shall be preserved as open space. The project is designed to retain large, defensible areas of open space which shall maximize the habitat value for the project area. A total of 4,442 acres will remain in open space land use designations, including approximately 1a5 acres in the vicinity of the bog and north of the northern branch of the Cucamonga Fault, a poztion of which was previously designated for residential development. Further, a Resource Management Plan shall ba prepared and implemented. Applicants for development shall be conditioned to preserve 1 acre oY alluvial fan scrub habitat for 1 acre of alluvial fan scrvb habitat lost. It is intended that 4,442 acres shall be designated as open space and that alluvial fan scrub habitat in Day Creek wash, Etiwanda Creek wash, San Sevaina Wash, and 145 acres in the vicinity of the bog and north of the northern branch of the Cucamonga Fault shall be retained as open apace. Further to the maximum extent feasible, resource conservation easements shall be obtained for the aforementioned wildlife habitat areas. Applicants for development will ba conditioned to retain existing riparian corridors, as well as to provide a buffer zone to protect the riparian corridors from degradation aaeociated with urban development. Also, conditions will be enforced to protect the areas designated as ^Reeourca Conservation," including restriction of human use to designated trails, exclusion of domestic cats and dogs, end exclusion of off-road vehicles, ae well as techniques to divert urban irrigation run- off and polluted storm flows. Project applicants shall ba cunditioned to implement actions to reduce fugitive duet during conatrvction to the maximum extant feasible. Project applicants shall ba conditioned to participate in city waste minimization programs to reduce the flaw of municipal solid waste to landfills. EX}iIHIT ^A^ STATEMENT OF OVERRIDING CONSIDERATIONS February 26, 1992 Page 4 Also, the Etiwanda North Specific Plan, and associated General Plan Amendment No. 90-038, are themselves measures to mitigate potential adverse impacts of development on the existing community which would otherwise occur without a planned and comprehensive approach to future development. The Specific Plan contains provisions tailored to development oP the sensitive alluvial fan and hillside environment, and is meant to replace existing Citywide zoning regulations that do not address the unique qualities and community traits of that portion of the City of Rancho Cucamonga and its Sphere-of-Influence. Further, tine Etiwanda North Specific Plan provides pre-zoning for the Sphere- of-Influence area and for the planning area north o! the National Forest boundary where City zoning ordinances do not apply. Consequently, the adoption of the Etiwanda North Specific Plan will result in potential environmental effects that are substantially less significant in scope and extant than those effects which would otherwise occur under the existing General Plan and zoning requlat ions, including each a~ternative analyzed in the Final Environmental Impact Report. RESOLUTION N0. 9~.OU3 A RESOLUTION OF THE CITY'CO UNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOAN IA, AECODMENDING APPfd~VAL OF GENERAL PLAN AMENDMENT NO. 90-038, AMENDT NG TEiE LAND USE AND C IRO ULAT TON MAPS, AND REVISING VAP.S OUS MAPS, AND MAKZNG F INDING5 IN SU YPOAT TREAEO £. A. Reci to is. (i) On June 21., and eontinu ed t0 .TU ly 24, August 14, September 11, October 9, November 13, December 11, and December 17, 1991, and January 8, January 22, and Febzuary 26, 1992, the Planning Commission of the City of Aan oho Cu ca mon ya conducted duly noticed public hearings concerning the recommended adoption of General Plan Amendment 90-03B. (ii) On April 1, 1992, the City Ceuncil of the City o£ Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption o£ GPA 90-03 H. (iii) The General Plan Amendment is set forth as Exhibit "A," attached. (iv) All legal prerequisites prior to the adoption of this Resolution have occurred. D. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by th¢ City Council of the C.rty of Rancho Cucamonga as follows: 1. in all respects as set forth in Recitals, Pazt A, of this Resolution. 2. Prior to the adoption of this Resolu Clon, this Council has reviewed the Final Environmental Impact Report for the Etiwanda North Specific Plan, adopts a Statement oP Overriding Cona ideratione, certifies the report in compliance with the California Environmental Quality Act of 1970, ae amended, and the guidelines promulgated thereunder. 3. The Council finds as follows: (a) The Amendment does not conflict with the Land Use or Circulation Policies of the General Plan. (b) The Amendment promotes the goals of the General Plan, including the Land Uae and Clrcu latlon Elements. !c) The Amendment would no[ be materially Sn jurioua or detrimental to the adjacent properties. ' Zo`7 CITY COUNCIL RESOLUTION NC. GENERAL PLAN A.ME'.'IDMENT 90-03B April 1, 1992 Page 2 4. This Council hereby adopts General Plan Amendment 90-03 D, marked as Exhibit "A," attached hereto and incorporated herein by this reference. The C+.ty Clerk shall certify the adoption of this Resolution. Zo$ EXHIBIT "A" ETIIPANDA NORTH BPHCIFIC PLAN (PR8-ZONE) A8COl0SENDED CONeI8T8NCY CHANGER TO T8E CITY 08 RAHCHO CDCAMONGA'8 G8NERAL PLAN (GPA 90-038) The following changes to Rancho Cucamonga's General Plan are recommended. There are two categories of changes: one is changes to the General Plan's maps and plans (see figure references below) and the other is changes to text. Text changes are short additions to clarify objectives or policies brought into focus by the Specific Plan. Land Use Map and Circulation Map changes reflect policy changes. Other map changes reflect additions of details in the Etiwanda North Sphere-of-Influence area. (Nate: Recommended text changes are in bold for additions and strike-out for deletions.) I. GENERAL PLAN LAND USE ELEMENT General Plan TeXt Revision The Etiwanda North Specific Plan (ENSP) is consistent with the Objectives and Policies of the General Plan Land Use Element. General Flan Land Use Map• Figure III-1 Refer to attached Exhibit GP-1; modify ae indicated. II. GENERAL PLAN CIRCULATION ELEMENT General Plan Text Revisio The ENSP is consistent with the Objectives and Policies of the General Plan Circulation Element. To Paqe ZII-26, Policies, regarding Etiwanda Avenue, add the following: "iaplaaaatation atratagiu to diaoouraga the ua• oL Etiraada Avanua !or through traftio should ba davalopad and aged Sor iaprovuanta to Etiraada Avaaua north oL Highland Avanua." General Plan Circulation Mag;_ Figure III-3 Refer to ENSP Circulation Map, Exhibit 11, modify to indicate backbone circulation system as shown, including, but not limited to, tha following: CONSISTENCY CHANGES - GPA 90-03H February 26, 1992 Page 2 * Day Creek Boulevard: Eliminate curve at Banyan Street. * Day Creek Boulevard from Highland Avenue to Wilson Avenue: Special Major Divided Arterial. * Day Creek Boulevard from Wilson Avenue to SCE utility corridor: Secondary Arterial. * Day Creek Boulevard north of SCE utility corridor: collector. * Wilson Avenue from Day Creek Boulevard to Cherry Avenue: Special Divided Secondary Arterial. * Wilson Avenue from Day Creek Boulevard to Milliken Avenue: Secondary Arterial. * Etiwanda Avenue north of Wilson Avenue to north aide of SCE utility corridor: Secondary Arterial. * Etiwanda Avenue at north aide of SCE utility corridor: Ends in a T-intersection. * East Avenue north of Wilson Avenue: Collector. * Wardman Bullock Road north of Wilson Avenue: Collector. * San Sevaine Drive north of Wilson Avenue: Collector. * Vintage Drive from Rochester Avenue to Bluegrass (Hanley) Avenue: Collector. * Lower Eaet-West Loop from East Avenue to Day Creek Boulevard: Collector. * Middle East-West Loop from East Avenue to Day Creek Boulevard: Collector. * Middle East-West Loop Prom East Avenue to Wardman Bullock: Collector. * Upper East-West Link from Day Creak Boulevard to the extension of East Avenue: Collector. r CONSISTENCY CHANGES - GPA 90-038 Fehruary 26, 1992 Page 3 III. HOUSING ELEMENT The ENSP is consistent with the objectives and Policies of the General Plan Housing Element. No changes are recommended. IV. PUBLIC FACILITIES ELEMENT PARES AND RECREATION General Plan Text Revision The ENSP is consistent with the Objectives and Policies of the General Plan Parks and Recreation section. Make the following text changes for clarification: To Page III-56, Policies, regarding location of parks and school to facilitate joint use, add to the last paragraph: "8owvar, aacb Sacility shall ba of adequate sia• to ba a stead-aloes faaility." Refer to ENSP Open Space and Trail Plan, Exhibit 10, and modify as indicated, including the following: * Five proposed neighborhood park sites * Four proposed school sites adjacent to park sites, including three elementary school sites and one high school site * one special use facility - Community Equestrian Center site The ENSP is consistent with the Objectives and Policies of the General Plan's Riding, Hiking, Bicycling and Trails section. Add the following text revisions for clarification: To Page III-60, regarding the keeping of horses and consistent with the General Plan's Land Use policy ~~to ensure that development can accommodate equestrian activities," add text as follows: CONSISTENCY CHANGES - GPA 90-03B February 26, 1992 Page a where lot eisea rithia the 8queatrian/Rural Overlay Dlatrict ars iasufficianL for the keeping of horaaa, public and private Doardiaq faeilitiea shculd ba encouraged. Land dedication and/or ia- lieu faaa should be eatabllahad is order to acquire land for a public boarding facility in the nortH-east area of the Citp'a sphere-of- Influeace." To Page III-71, regarding the Equestrian Overlay Zone, add text as follows: "Aa arena rithia the 8gnestrian/Rural District aaaez into the City, they should be incorporated into the city's Bqueatrian Overlap 3oaa and appropriate mechaniaas •stabliabed for trail maintenance." General Plan Master Plan o.~~~i1s: Figure III-7 Refer ENSP Open Space and Trails Plan, Exhibit 10, modify as indicated, including but not limited to, the following: * East-West Community Trail link along the middle of the SCE utility corridor. * East-West Community Trail link along the lower branch of the Cucamonga Fault seismic corridor. * East-West Community Trail link along the upper branch of the Cucamonga Fault seismic corridor. * East-West Community Trail link along the upper branch of the Cucamonga Fault seismic corridor. * North-Beath Community Traii link along Day Creek ^_hannel/SCE corridor. * Delete Etiwanda Avenue Comc.~n ity Trail at Etiwanda Avenue T-intersection north of the middle SCE corridor. V. COMMUNITY DESIGN ELEMENT General Plan Text Rev+eion The ENSP is consistent with the Objectives and Policies of the General Plan Community Design Element. Add the following text rhangea for clarification. CONSISTENCY CHANGES - GPA 90-03B February 26, 1992 Paqe 5 Regarding Special Boulevard Treatment: To Table III-9: Special Divided Secondary Arterial, add: "Nilaoa Avaaua between Dap Creak Naab aad CDarrp AVanaa." To Page III-85: Regarding Special Boulevard Treatment, add discussion of Day Creek Boulevard and Wilson Avenue as follows: "Dap Cruk Boulevard: eacava• it adjoiaa a 330- foot BC8 utility corridor, ba• value as a scenic corridor ane a aajor aorta-aoutb viarahed, and aarvaa as a ujor north-south arterial atraat, Dap Creek eoul.avar6 should be duignad aad constructed as a epaoial Boulevard to aabanoa its acanic opportunitiaa." "Nilson Ayaauas Hecauaa it iollowa the 12o foot NND R.o.N, ba• value as a ^aaaio corridor and a aajor east-west viarebad, lorme tea northern boundary of the hiatorio Etiranda coounitp aad aarvaa a• a major oast-wet arterial strut, Nilson Avaava asst of nay creak Houlavard should ba designated as a Spacial Houlavard aad designed and constructed to eahaaoe its historic aad •canic opportunities." To Page III-96, regarding scenic corridors, add the following: "Tba County has •lso du ignatad Dap Creak Boulevard and Nilson Avanva, is the Citp'a ephare- of-Zaflveaae a• acania oorridore." To Page III-97, regarding vista points at the terminus of major north-south arterial streets, add the following: "amd Day crank Boulevard at the prominent knoll adjaaeat to the Dog." General Plan community Design Resources. Figure III-10 Modify as indicated below: Land form + Refer to ENSF View Potential Map, Exhibit 7, and indicate prominent knoll west of the bog as a prominent land form. CONSISTENCY CHANGES - GPA 90-038 February 26, 1992 Page 6 Creeks and channels * Refer to ENSP Existing Conditions Map, Exhibit 3, and indicate current alignment of Day Creek. Also indicate channelization where constructed. * Refer to ENSP Constraints Map, Exhibit 8, an3 indicate main branch of San Sevaine Creek, Wardman Creek, and Henderson Creek; also for the latter two creeks, indicate channelization where constructed. special Vegetation * Refer to ENSP Constraints Map, Exhibit 8, and indicate Riparian Vegetation for Henderson, Wardman, and Morse Creeks within the hillside areas. * Refer to ENSP Constraints Map, Exhibit 8, and indicate bog and its hydrologic source. Major Arterials, Secondary Arterials, Collectors * Refer to ENSP Circulation Map, Exhibit 11, and indicate arterials and collector streets as shown. Transmissicn Corridors * Refer to ENSP Existing Conditions Map, Exhibit 3, and add existing utility transmission corridors as shown. Landmarks and Focal Points * Refer to ENSP Property ownership Map, Exhibit 4; ENSP View Potential Map, Exhibit 7; and Constraints Map, Exhibit 8, and add the O.S. Forest service Ranger Station Sita, prominent knoll, and bog, as focal points. Scenic Corridors * Refer, to ENSP View Potential Map, Exhibit 7, and indicate Day Creek and Wilson Avenue as scenic corridors. CONSISTENCY CHANGES - GPA 90-038 February 26, 1992 Page 7 VI. ENVIRONMENTAL RESOURCES LAND RESOURCES The ENSP is consistent with the Objectives and Policies of the General Plan Land Resources Section. PLANT AND ANIMAL RESOURCES General Plan Text Revision The ENSP is consistent with the Objectives and Policies of the General Plan Plant and Animal Resources Section. Add the following text revisions for clarification: To Page IV-15, regarding objectives for lands of biological significance, add the following: "snip to prssarva lands having biological sigailicanc• aepacially riparian (water strau- rslatsd) araaa and their asaoaiatad woodland Vsgatation, and alluvial !aa scrub habitat. Ths latter hahitaL oac• pradosinaLad oa alluvial !an landforas is the region, bui i• a rapidly diaappaariag habitat rasourca." To Page Iv-15, regarding policies, revise as follows: ."The City shall consider the streamside woodland associations along the Cucamonga, Deer, Day, Etiwanda, 8andarsoa, Morse, wardmaa, Syl3e-ereek, and eaa eavaina Canyons ae areas of natural significance and limit the encroachment of development into these areas (see Figure IV-3)." To Page IV-16, regarding natural areas which can be used for educational or other scientific purposes, add the following example: "Another azampl• is the past bog to the aaat o! the 0.8. lorast Harviaa site, the lut asampl• of a 4abitst which xas oaca abundant in tho ragioa." General Plan Natural Resourres Fia~re IV-3" Refer to ENSP Constraints Map, ENSP Exhibit 8, modify as follows: CONSISTENCY CHANGES - GPA 90-03B February 26, 1992 Paga e Waterways * Indicate San Sevaine, Morse, Wardman, and Henderson Creeks. * Indicate the current alignment of Day Creek. Major Recharge Area * Revise to be consistent with existing recharge capacity for San Sevaine wash. Streamside Woodland * Revise to be consistent with Streamside woodland association in hillside area for Morse, Wardman, and Henderson Creeks. open Wash Association * Revise Day Creek to be consistent with channelization. Hard Chaparral and Alluvial Association * Revise boundary as indicated. O_P~N SPACE SECTION General Plan Text Revision The ENSP is consistent with the objectives and policies of the General Plan Open Space Section. No changes to the text are recommended. General Plan Open Space Plan FioLre IV b Modify as follows: Streamside Woodland & Water Recharge Area * Refer to ENSP Constraints Map, Exhibit 8, and revise to be consistent with Natural Resource Map, Figure IV-3. Special Vegetation * Refer to ENSP Landscape Theme Plan, Exhibit 19, and indicate special vegetation for Day Creek Boulevard from north of Highland Avenue to Wilson Avenue and for Wilson Avenue from Day Creek Wash to cherry Avenue. CONSISTENCY CHANGES - GPA 90-036 February 26, 1992 Page 9 Hazard Prevention * Note that the ENSP identifies seismic setbacks for the purpose of establishing open space Basements, but no change is recommended to the General Plan Open Space Plan. Recreational Opportunities * Refer to ENSP Parks and Open Space Plan, Exhibit 10, and indicate five (5) proposed park sites. Flood Control Land and Utility/Transportation Right of Way * Refer to ENSP Constraints Map, Exhibit 8, and indicate utility corridors. * Refer to ENSP Existing Conditions Map, Exhibit 3, and modify flood control easements as a result of channelization work on Henderson and Morse Creeks. * Refer to ENSP Land Use Map, Exhibit, 17, and modify floodway area shown within San Sev aine Wesh. * Refer to ENSP Constraints Hap, Exhibit 8, and indicate flood control easements above the LADWP utility corridor. Lim ited Development * Refer to ENSP Land Use Map, Exhibit 17, and modify hillside residential area. VII. GENERAL FLAN HEALTH AND SAFETY ELEMENT The ENSP is consistent with the objectives and Policies of the General Plan Health and Safety Element. Modify the following text for clarification: CONSISTENCY CHANGES - GPA 90-03B February 26, 1992 Page 10 To Page V-li, regarding seismic policies, add the following: "~ for residential tract development of 1 or more unite where fault traces ara yell identified (for asampl• the Cucamonga Pault east o! Dap crack and north of the LHD1fP utilltp corridor), residential development o! 4 or more units should rsquira a 5o-foot setback Lrom the ideatilied fault and estaDliahmeat of a loo-foot seismic open space easement for Lha resulting setback area." R s a` ~M ' e$ R ~ ¢ n • N ~ ~c~ ~ s~ S aZ~.t~_ J `l LL J SO J>LL~ N d d C Ic o A C t V chi d Q ~ N C: Q ~ r a- C7 ~ a ~ ~ J] f X C F ~ Z O dz vo ,_ ...~j..uJ... OG U zz ~z` "° z C-~~ r Ft_ont Lina Fire load ~ ` VACANT LANG - E tkg ~ Cgoq a / ~EldlathR SPrirgs ~ ' teak oam Two Homes en Rerger Slatbn Site ~ ~ ~ ~ i ' Hen ~ ~ ~ rk Channel ...~.. . ,.. , ;,'~ i ~- • ~ ~ YnntmHtiolf Lina C~; :~y~ _.. _ 1_ __ maid Plaid $np Baaln Evletirp Lwp tar Tfrik~ t - Y r- ~ ~ l aplrq al~NM ~ .~\`~ _ ~. FOREST ~lVerdman Creak L.-MOrpe Cre~ Exiafl~Lp Ouk Bulldkq ~,/ 2 Raaklwlce~ i ~ ~\ ~._.._. _ X1,3_ ~. ~narana AFrlfIBaM.cCln"C I <'"~` .: $4 i =Y ' y. Yl~. vales Creek .,~, '„., Wrg Opln btlan _,. ... - -. .,_ ~. - _ _ ._ - ~-.~p~ _ - ,. ~~. IntlKato Meperry Prtn~outly anneRetl la ReroM Cucemwpa ~ Ennufq &itlpa GOaary Levw .~ ! Fla<III«I irpMrMaabn LlfA~Cernaq IMIC Wdlar T]PfTivwn LAM "~'' "' Mper Mepopa qu arawNVlo EXIST/NG CONDITIONS AND USES n~ ,~~. Etiwanda Norlh Specific Plan r I 4 Cdr of Ran<ko Cu<amunpa ~- _ J GPA.90.038 ORAFT ~ SN BeTeIUtPO Nelrcnel Fwe~f 3P J i i ~ 31 at 36 JZ ~ 32 3 . 66 d6 3 29 ~ e l 2i 29 a 6 5 35 ifi 36 ~. ~ 3J ~ 23 Pl _ . i5 3 35 3ti 3] t] P 2E .-Y9 1630 i9 31 2P 5 38 36 B ]~ 2] 29 6 i] 2J 12 2] 25 ^. ii ~ '~ <i i 2 S 5 l B 8115 R1 i 31 a2 ~ 5 B E 2 ~ i _. __ B 3fl j 2 2 2 a u l3 N u M ~ 5 B E 2 2 i e3 Si ~ R 5 ~, ' ~2 ti M l 1 a l d 55 38 ' I 9 B] l -- t8 2 61 5 y ~ i ] d 6 ~~_ p 19 6 ~ ti 1 . . 5 52 . 30 I 6 1 A IB 19 2 5 ] I WAaen penes _ _ 19 I ~ 8 MfILTIDfiI~CAA13np~LRY LWR9~ i=rk ~ 2 i ~ 2 1 fi 6 9 f - ~ ~~...~.-~. ~ti I I69 _ . _ r: ._ - .._.. .. _ ~ _ --. .. 6y R~ 46 ~ L .. l4 ~ B, ~ L~_ ~ _~ ,. 2 ~~ . ~ _ _ _ _ ' It 3 9 ap - M a~ Z ~ M 83 _ M O ~ 1 ~ i Hgmem, averse 1 FliwaMe HpKIeM Prcp i] Tercb l5 8erwicM 3 $an 3NwrJrn Cq Flme Cenird 2l SlaneMry ab PemmOfon Pnpames L -..u. ~n ~aawu. CU 3 LeMneM1 Lam W 28 WNater d] Praenel . • . • •.. !~ l Se LeliMnia Edam CO 5 C 28 F;ema 60 ianaa _ Hryn Oevxkpnml Cq 2] fjly o1 LM ligel8e l9 Trag6 GpKq SINbn 6 Lawn ] SmeK 29 MpeMe 'N ElWame11wa1na 0ev 50 Sbarty 51 Ns6q B Remnglm hop 30 CW 52 Vemi - - 9 ReQenls o1 Me UVV el Lalil 31 Jdnygl $3 Lym 10 9WIMn' Surpua Rxlry 3Y KbLper 5l baKw ~ 1 11 LeMPo r E . - 13 aenlsele N CA 58 ROnyvea 10 Nlan~en 35 SpMp B] Mmennm _ ~ 4 Lnlle BB CgBeee SB Wall lrlane Emone IS Sud4 3] HeY/erJ FamAy Panryra 59 Mega - .. Is rANro WNn Uel d Sn Ge1 1] L 39 La ^oiMe 6p 0.1wro i uumgpa LdlnLr WNF PN 39 Rnmery 61 KOM ., ` ~ ' IB Imam Emgve LIO a abw8re wrtMl vows 8] Cnyn 4Y' ! 19 SlenlaJ b Pearwn &'1 (Sienp 20 Nfgll l3 Calory al 9en EerrorBeq b Ruetee 31 RiaTef Imenlmmin a3 MCneY 65 Wall lnlam EmP~~P 32 G`a^ 4 RptcP 66 IMI}e.]Slalen Gevarnmenl l arif O ma P o l ' . ,vora P/roerrr omMra are ew~mlaad JMn~1993 ma ,ooP:ry es ,e.¢ealy nreo.P,a o R aaeno fucama pa PROPERTY OWNERSHIP ate, R~~, exHrefr 4 ~ y~ i Hiwanda North Specific Plan ~++~--. e r'Y! l • 1 4 J _ GPA.90.088 Cny nl RanFho (ucalananpa DRAfT u~oo z ~ ~1~ GPA.90.038 Etiwanda North Specific Plan ~°y ~ ~_ e~ any ~i DRAFT RantM1o Cumnwaga ®rn a~ .oos+= . I _ \ ~ GPA.90.038 Etiwanda Norlh Specific Plan ~r- .~ ~~• G1v of DRAFT R~MIw C~carm~npa _~~ .... •.• ~ ~.w,~w ~ Q FYC.lYp1uL wwwvy qi.q SIYIIa4 rr ~ GnwY I.wM VMrMaMq V ~ ©CWtwNy BYUmwwaY.llyXn WMlow __ \ \\\ la Gnym U.. OMiGNwiY Nu. by ('$7 CNIwrY SYYwvYlCwrym Liw OY ' ~+L.~. hmN~alrww 9Ymw ' OcO`Y MY IW,NtlIwO MU1Crp YY.IN NM CNlw.w i41m 'r ~~I ,, rn W.Y{,..pme.w ~. cnwaww wplaawot ggaer r.. M GYSR ...yam s e... •r+UMr11 \1nMNOa.. •' •m f nre.n. r.m ..mm nm r.. ralamr ..y+.~n... ~:M ~ ..,.....< NE/GHC3ORHOOD THEME PLAN E1(HIBIT 9 o~b~~ooo a0u• Hiwa0da Norlh ~1 S etific Plan P ~,E';~, c~lr n~ Rancho lwcamonya GPA.90.038 DRAFT 850' CURVE RADIUS ~ .. .. ~~~ r ~._ _, -~ -~ * I . .: i li LEGEND • ^- `~^ • • ~ r'• Major DnldeO Artenal M Typical Section ~r~ ~oercrM«eu,lev+re a..oa 9r.rbn •~ ~~d •..... Spacial Derided Secondary Arterial wll.on wmw;em ar oq G.al~ BM 1 SeooeMary Arlenal _ ~WAim+vmw ~EIMrxY +vwnN 'Milli.M+vM~N 'Ik{+r D!y CrM aouNVBrO ' fn.rry AY.nVs ~~~. Collector r i 'a.MM 51r..1 ~rbM.ix.lwnw }~Yi 'Vinlaq Crm 'WNAm.n aulb[M ROM ~SUmmir Mmua ~E+.1 M'xWe ~s~ s...m ~anx ~a°o sv.x. C/RCULAT/ON PLAN EXHIBIT 11 ~ =r~~ Etiwanda North Specific Plan ~r~~/ /, N I r I I.. ._ Cily ul GPA.90.098 ORAfT RarNM CaumnnR./ To Gaging $Idl:nn • '.~ .oq Myerolegy Sruny .r•e Freni llna ih• T•M ~$FTn ~esne Mlb•I FOr• ~'.i/„'~i Vii' '~. %; 4ii ..i~%`i 0 // U { y _ / /%~~.i/, ~I ~ ~ i ~~,.. - ,~/„/~, .- .. ~ MIp1kgQ nvMV• I..~.+• ~_^ • r~k LEGEND ^~ ~ !•'~l- Open Space ~c.pnq sdlkn _~ Regional Trail ,~ ~~ ••...• •• Commanlry EQuestnen Trad _ ~ • Recommaneetl tMtlerpess Bicycle Lane Ik rn«Mq. ckw q __ ~ r ~ -' _Bwycle Path Ikr«v.q.tk•.p ir- ~ ~ ~T Trail Meatl I4w xon MI•..1 !~l © P~r1/SCllool koye. iM «I•• •M.n m•r wr n• nwr•n11Y n.n.e no, I• m• monnn nu •wauk, iM epklbn of • •n. I• .n IMrunan m • vro.a•e ei .bw.e IMI Inq M .elu•bY a.« INm a III• CITY •n< IM 4<Ibn141gne1 v OPEN SPACE AND TRAILS PLAN °~~~~ GPA.90.03B DNAFT Etiwanda North Specific Plan s 1 firy of Ranclw CucamoaRa ~-_ ua.0„m o:,e OS ~ FC ~ ICS! \~ f~\ \~ \ ', \ ~ t we (RC) FC \ OS ~_I ~ i + I OS '' i ////// M F2 ~ .q , F ~ OS ". t/// _ ~ ~ i---~ y RC I FC i OS ~, FN1 F2 ~+ Fi , FI ~' F t ~' ' I~I ~, L1C I FO I RC YL ;. YL '-_VL FCyRC ~L-~ AFC NC IVLB11~ RC OS ~~. AIL 10. FC ~~ YL (NC IRC) ~ ® uc uc uc ~ i vnovosFV rI/ FC eFVlvneL Vapx yL J ~ ~:~'~ .:=-.' RC lVU I FC E (RC) GS Ii lNi L -~ ~ :~K ~ iC Ki ~:,,' FC I~ UC L ' L IRO) ~ 1?~ IRC) I" r/u . FC- ~ ~L J OIC .. ~. ~;~'. I a ... I I ~_~_- / lFL) FC (RC) UC L ~ L _ _ _ v i '- FC t. ~ o a ~ `,Z - - w ma0e ae.a0e awe S.R. 30) IEGENO L .,ens~ry ves~aem~ai a-. cw¢r YL Very Low DenaitY Pearbnriel (.] WrK) O Rappaaa T.M WK w ^ Verv LUw weawen:wl EZUreu W/nC, E novoeee Fwxwun oeawp* XrIISNP Aesgenual D ] W /Net 9ml.latle a[rel t~ WIIVCe RevUennai Eftate0r9UrNe19WMde Rae) 3 nopoaaE Sabot Slw~ FC .woe cenua:ww.nan P nopaaa v«a snei UC m~nly cornea. P Fuutq v.n sn. Of emn svace • rton: IN ~~a.nmmnn "•° i2 ,a~,n: ne RC Aes.orce ~crser.anOn R.e win • 19Oi• •^• ~°• ,• ""~ "'^^r, INC7 negnternoca GCmmeKid~ ~ (L,VL,VIE,RC) •On.nav~.m uw wwn0e..w. LAND USE PLAN exnlBiT ,~ _ " ~~~~ Etiwanda North Specific PIaR ~clr of fiP/t.8O.O38 DRAFT Rayychn CucayywRKu :z LEGEND _,.~. ..,,. v..~i., vw G~ Gnplgr .... , ... ® C'~ [w Wow. w•wr•.r GgMq 6utwn ®Gaww ~WMOM~M~C .~ minis cuwrx. srcwiviawww www. cwn•a ur• CN~Ga1p~Y nva oN ~, ~ c•nww• Sytwwr•IG~w Ut• 0.• - ~ari~ MEWO/al~kan SUTs ~ pu•a M MMIF•CImY V••IIGp• IInM y NaN C•wwti• V•M N `/ LANDSCAI o ~o ~~~ GPA.90.038 ..wweww...w uM Ymrawr was ~ww..y.., w en ewwme~w........M~. a~.........~. .. n.r. ,...max c..r.. . w c. ~d...w „.., ~,.~. +w fl~l mrwoa wywwro •rv en n~ TW~~ww ev~x ~w~in u~~~F IT`~~ws< iw ~ nCNYIr~w'Mwrr: a1 •Ln'w ~r~~'e ar«., ..e •e.~i wain n.•.rr..... e....•...., ..... ~.^ HEME PLAN exnlelT 19 DRAFT Eliwanda Norlh Specific Plan i ~/ .!~a [ilY of RaMho Cwa~m>nRa J ~ ~ ~ ~~a Q Y ~Yn ~ W ~~~ {y~ v d D 3 C7 W Q> U ~f!) 33om= O-~ ~°.~ QO "'~j~ R W g ~~~aW 5~33aa ~ ~~~U 0 W ~ Ob~~~~ W OW I~i~yLLy.. ~T_ O____ ~UUZKO F ~' 5 J yW~I F o .p! 8y ~ ~ i ~jH O ¢ WW; p 2 ~ a(73 ) GJZ ¢6V (L F~SSO~~O{ I! J a4a w~y o~a i~w-~S~ &i: 1- J J ~:~ - Z~ O LL U N U W 6~ U~~ 0 i~ i ~, i,:.. .,~:,... ..~~.~:.::~: -- ,..- ?_ii ~:,.a i,t iv_ __.,Ftt!elEf!i=:33i13>.-----... GVA90.03B l`9 Qp x ' ' W i I W~ ~ ' Q [. ~ ~ D ~ 2 4 ~ Z ~ ~ Z ~ ~ p4z ! I I I w'W" • ~ < 0 J Eoi a~3o y~ ~ ~ v Q W V m 0 p ~ w ~ W W N 3 o u Nl N~ ~ a ~ O V I g y ~ y k y ~ ~O¢~ ° p V ¢ V G ~ pNq ~n of ¢Q 2 LL ~ O O Q U Q yIW ~QQ = . ' ~ ' O i U UN'~~G ~' ' ~ ~A U Cam: GPA90.038 0 a N ~ a W a s a = N Z f0 Z O W N` ~ d ggq Zy~ QQ p O WN a L Y ~ fB N a W LL W 4 a . ~~~'a ' ~,~ ~ ~ LL - a 2 ~ ~ O ~~ ( CC ~ ~~ 7 U p C ! ~~~ ~ ~ ~~~ ~ ~ ~ ~;~ ~~ E~ ~ Apppp ! zz5 pp y ~ ~ ~~~~ ~ ~~ 4 11Y C ~~ 9 t ~ a s~SiiJi3iS:iiiOii ~ ~~a V ~; GPA90.03B 0: W Q N N ¢ O~ ~g U Q f Q ¢~ c7 ip U ~~ ~ d ~ aQ w u iv ~~ z v ~ ~ J w Uo~ Wa ~ wN v ~ e ¢ _ ~ d f' ~ N ~~ Oy O O ON 3~ ~ ~ LL rn ~ LL a wa¢ y ~ a uxi ~ = aw ~~~ v w n ~. C' GPA.90.038 ~, 8 ~` ~~S a ¢ a ~;~ ~~`~W = a~ v zS a O G~ p=J ~pW ¢Q = C~ €~Z W 3 > Q ¢uvo 0 ~ c ~ N1 a U 3 2 Z JU ~ ~Q LL_ N J 1- J~ (n ¢ LL ~.: U ~~ GPA.90.038 Q~ ~ WW ~ Q C7 ~~ ~s~ o ~'? ~ ~ ~ ~ ff ~ ws v W ~g ~ J J O Q~ U S a U t ~~~ 3~~ ~ ~~ ~ ~ LL ~, ~, _~ ._ U C~2 a iPA.90.076 ~~ J ~ W 4 y gg~ Q ~ a ;U w ~~ cW7 ~ dz~ ~ d~ kya ~ w U N a~ g~ ppp'~~y~ ~2 ~~~~o ~ $ Wj Q GPA.90.03B CRDINANCE NO. "F q~ 4N ORDINANCE OF THE CITY COU?IC IL OF THE CITY ~OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SPECIFIC PLAN 90-01, THE ETI WANDA NORTH EPF,CIFIC PLAN. A• Recitals. (i) On June 26, and continued to July 24, August 14, September 11, October 9, November 13, December 11, and December 17, 1991, and January e, Sanuary 22, and February 26, 7592, the Planning Commission of the Cit_v of Rancho Cucamonx conducted duly noticed public hearings concerning the recommended adoption of the Etiwan da North Specific Plan, hereinafter referred to as the "Plan." ;ii) On April 1, 1992, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the adoption of the pia n. (iii) The Plan comprises approximately 6,850 acres located generally north of Wilson Avenue (with a portion north of Ni gh land Avenue), south of the National Forest (with portions within the National For set), east of the extension of Milliken Avenue, and went of the City limit of the City of Fontana, all as referenced in the Land Use Map, Exhibit 17, of the Plan. (iv) On file in the City Clerk's office, and incorporated herein by this reference, is a full, true, and correct copy of the Plan. (iv) All legal prerequisites prior to the adoption of this Ordi nonce have occurred. B. Ordinance. NOW, THEREFORE, it is heraby found, determined, and ordained by the City Council of the City of Ranrho Cucamonga as Eollows: 1. In all respects as set forth in Recitals, Pazt A, of this Ordinance: 2. Prior to the adoption of this Ordinance, this Council has reviewed the Pi nal Environmental Imps<t Report for the Plan and General Plan 90-038 and certified the Report, including adoption of a Statement of Overriding Conai derationa, in coaq~liance with the Callf ornia Env.lronmen tal Qua ii ty Act of 1970, as amended, and the Guidelines promulgated thereunder. 3. Prior to the adoption of this Ordinance, this Council has adopted General Plan Amendment No. 90-038. 4. This Council hereby finds that the Plan has been drafted to include, in text and accompanying diagrams, all of the inf ormat~on ae follows: L3~ CITY COUNCIL ORD ZNANCE NO. SPECIFIC PLAN 90-01 - CITY OF R.C. April 1, 1992 Page 2 a. 4Te distribution, location, and extent of the land uses, including open space, within the area covered by the Plan. b. The proposed distribution, location, extent, and intensity of ma Tor components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential infrastructure proposed to be located within the area of the Plan and needed to support the land uses described in the Plan. c. The standards and criteria by which development will proceed for land uses within the Plan an3 standards for the conservation, de~~e lopment and utilization of natural resources, where applicable, within the area of the Plan; and d. A description of Ue ivgole meat ation meaau res, including regulations, programs, public works projects, and financing measured necessary to carry out those provisions referenced in subparagraphs a, b, and c above within the area of the Plan. 5. This Council hereby adopts Specific Plan 90-01, the Etiwanda North Specific Plan, cn file in the City ^_lerk'e office and incorporated herein by this reference, subject to each and every environanntal mitigation measa re set forth, in full, in the "Etiwanda North Specific Plan Mitigation Monitoring Plan" attached hereto dnd incorporated herein by this reference. 6. The Mayor shall sign and the City Clerk shall certify as to the adoption of this Ordinance and shall cause the same to be published within fifteen (75) days after its passage at least once in the Inland Valley Oai ly Bulletin, a newspaper cf general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 23? _-___ ~ ~m ~ ~~ ~ ~, ~ ~ ~~ ~ ~+~t Z ~ ~' @~ 8 ~ ~~ ~ ~ ~ ~B Boa ~ ~~ ~~ ~~z a ~ a ~~ ~~ ~~ $p $. U ~ ~~ r B 3 x~~ ~~~-~ ~ ~a ~ C ~ r W ~ P y ~ a~g ~ .~ 7+r~~<7 ~~ ~` °<'E y~ i ~ ~ ~~~~.~~ ~ ~ ~~ z Gib y r.y $ ~ ~~ ~ ~~~~ a~ ~ ~~~~ ~~ ~ ~~~ „ ~ e r$~ f ~ $S~ ~ ~ 2:n r~ ~37m (7~JJ b .a3 p~ S ~° +` 7~~ t ~ ~ .~ 'Sr .~ ~ ~ ~ ~ b ~~ 9 Pi ~ ~0 !i$s D $t~ ~ 2~ S ~ b~5 5~9 n ~~~ ~ ~~~ jg~ 7 $b~ gg~ ~~9~ n ~ e.~ g ~~~ C ~ N m ~~~~. < ~~ a ~~ ~~'~ ~ . ~~ ~ ~~ g yygg pg ~g~ F ~i ~5 EB99 F ~ ~ a ~~ ~~ m~. s b • •• s • • ~° 8 ~~ ~~ ~~ pbg'9~ tl i 383 9 n 9~~ ~~ N SS.. iii ~~ g ~~Q 1t .M .~ ~. 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Ayy ~s ~~ f ~5' ~~ p ~ S P ~p+~ ~ 8b $ ~ ~ L i 9 ~ ~ E ~ ~ ~ b~ ~ i~~ Gil ~ ~ ~ .~ ~ ® ~ ~ p $ $ pi ~ ~ v nit 4 ~{ y~ 8 B p 89 ~~ ~ ~ ~ ~~ 9 ~~ ~~ ~ ~ ~9 ~~ ~ ~ ~~ 6 ~ ~ ~~ ~ ~~~ ~~a ~ ~ g ~~g ~~ gg ~~ ~± Q ~ ~ ~~~ ~~ i ~ @el~ ~d g p ~ _ C g s F ",' ~il U Z s a f s U 6 ~ V ~.~ 'n x p F g ~ 7 z ~$ ~~ g~ g~ ~~ 0 ~~ ~~ ~ ~ ~ ~ ~ ~~ ~~ ~ ~~ ~ ~ ~ ~ e a ~~ ~~ ~~ z ~ ~ ~ ~ ~ ~ ~ g € g ~ g g g ¢ x ~ ~ ~~ s x~~g!°~ 8 ~ ~ ~ ~ O4 ~ ~ a ~ ~ ~ 9~ ~ ~~ 2 ~~~ a ~ ~ 9 ~~ ~ ~ ~ ~ 9 ~~ ~~ 3 ° " ~ ~ ~ ~ E 9~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~$ ~~ ~ ~~ ~ ~~ ~' ~ ~ ~ ~ ~ ~~ ! ~ ~~~s ~~ 5 ~ ~ J f iE C m g s gF gE E z C[TY GF RANCHO CL.`CAilIGNGA STAFF REPORT ~~ GATE: April 1, 1992 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer i, BY: Mike Olivier, Senior Civil Engineer ~~ SUBJECT: APPROYA~_ OF ENYIRONMENTAL ASSESSMENT AND ISSUANCE OF A NEGATI YE DECLARATION FOR THE PROPOSED HAVEN AYENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PR0.IECT BETWEEN FOOTNI LL BOULEVARD AND CHURCH STREET RECOMMENDATION It is recommended that the City Council approve the attached Resolution approving the Environmental Assessment and Issuance of a Negative Declaration for the proposed Haven Avenue Storm Drain and Street Reconstruction and Widening project between Foothill Boulevard and Church Street. BACKGROUMO/ANALYSIS This report presents an Environmental Assessment Initial Study for the proposed Haven Avenue Storm Drain and Street Reconstruction and Widening project between Foothill Boulevard and Church Street. In conformance with the California Environmental quality Act and State guidelines, the attached documents have been prepared to permit construction of the storm drain improvement. These improvements generally entail the installation of a 120" storm drain under the road Ded, removal of the existing trapezoidal channel, reconstruction of Church Basin spillway and widening of Haven Avenue to six lanes. It 1s the Engineering staff's finding that the proposed project is in conformance with the proposed development of Haven Avenue as a major street will not create a significant adverse Impact on the environment and, therefore, recommend that these improvements be classified as a Negative Declaration. Respectfully submit N1111am J. O'Neil City Engineer WJO:MO:JLM:sd Attachment RESOLUTION N0. ~a,(~C~ 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED NAVEN AYENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDE NI N6 PROJECT BETNEEN FOOTHILL BOULEVARD ANO CHURCH STREET WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the proposed Haven Avenue Storm Drain and Stree*_ Reconstruct ton and Widening Project between Foothill Boulevard and Church Street WHEREAS, said improvements require an Environmental Assessment; and WHEREAS, an Environmental Assessment Initial Study has been prepared pursuant to the California Environmental Quality Act, as amended. NON, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The City Council of the City of Rancho Cucamonga hereby approves e~nvT'ronmental Assessment Initial Study and issuance of a Negative Declaration for the proposed Haven Avenue Storm Drain and Street Rec onstruci ton and Ni Bening Project between Foothill Boulevard and Church Street SECTION 2: The City Clerk is directed to file a Notice of Determina o~tT n pursuant to the California Environmental Quality Act. 2~~ CITY OF RAtiCHO CCCA.MO~IGA ~ ,.~ STAFF REPORT ~~-- _ ~ ~, DATE: April 1, 1992 ;-~ it T0: Mayor and Members of the City Council - `~'i ~, Jack Lam, 0.ICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mike Olivier, Senior Civil Engineer SUBJECT: APPROVAL OF ENY IRGNMENTAL ASSESSMENT AND ISSUANCE OF A NEGATIVE DECLARRT IOH FOR THE PROPOSED HAVEN AVENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PROJECT BETWEEN CHURCH STREET 8 BASE I LINE ROAD AND BASE LINE ROAD EAST AND NEST OF HAVEN AVENUE ~~i RECplENDATION It is recommended Lhat the Ct ty Council approve the attached Resolution approving the Environmental Assessment and issuance of a Negative Declaration for the proposed Haven Avenue Storm Drain and Street Reconstruction and Nidening project between Church Street b Base Line Road and Base Line Road east and west of Haven Avenue. BACKGROUMB/ANALYSIS This report presents an Environmental Assessment Inl ti al StuQy for the proposed Haven Avenue Storm Drain and Street Reconstruction and Nidening project between Church Street b Base Line Road and Base Line Road east and west of Haven Rvenue. In conformance with the California Environmental Quality Act and State guidelines, the attached documents have been prepared to permit construction of the storm drain improvement. These improvements generally entail the installation of a 120" storm drain under the road bed, removal of the existing trapezoidal channel, reconstruction of the existing pavement section and widening of Haven Avenue to six lanes. It is the Engineering staff's finding that the proposed project 1s in conformance with the proposed development of Haven Avenue as a major street will not create a significant adverse impact on the environment and, therefore, recommend that these improvements be classified as a Negative Declaration. Respectfully submltt , C~ ~ ~e t,( N1111am J. O'Neil City Engineer WJO:MO:JLM:sd Attachment D RESOLUTION N0. C/~~~C7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL ASSESSMENT INITIAL STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE PROPOSED HAVEN AVENUE STORM DRAIN AND STREET RECONSTRUCTION AND WIDENING PR0.IECT BETVIEEN CHURCH STREET ABASE LINE ROAD AND BASE LINE ROAD EAST AND WEST OF HAVEN AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga has reviewed all available input concerning the proposed Haven Avenue Storm Drain and Street Reconstruct ton and Nl dent ng Pro3ect between Church Street 8 Base Line Road and Base Lf ne Road east and west of Haven Avenue. WHEREAS, said improvements require an Environmental Assessment; and WHEREAS, an Environmental Assessment Initial Study has been prepared pursuant to the California Environmental Quality Act, as amended. NON, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: The City Council of the City of Rancho Cucamonga hereby approves tie nv ronmental Assessment Initial Study and Issuance of a Negative Declaration for the proposed Haven Avenue Storm Drain and Street Reconstruct ton and Nl Bening Pro3ect between Church Street A Base Line Road and Base Line Road east and west of Haven Avenue. SECT [ON 2: The City Clerk is directed to file a Notice of De termina o~Ei n pursuant to the California Environmental Quality Act. Zgl CITY OF RANCHO CliCAA?ONGA STAFF REPORT DATE: April 1, 1992 To: Mayor and Members of tt:e City Council Sack Lam, AI CP, City Manager FROM: Brad Buller, City Planner BY: Cindy Norris, Associate Planner /CDBG Coordinator SU HJ EC'P: COMAUNITY CEVELOPMENT BIQCA GRAND APPLICATION - FZ BCAL YEAR 1992-93 AND RELATED AMENDMENTS TO 1'HE CHAS - The adopts cv~ of the Preliminary Sea teme nt of Community Development Dbj ecti ves and the Projected Uae of Funds foc the Community Development Hlock Grant application for Fiscal Year 1992-93, based on a grant of $551,000 and Related Amendments to the Comprehensive Hovsing Affordabi 11 ty Strategy to allow for the funding of public service activities. RHCJMMffiilIATION Staff recommends that this item be continued to the April 15, 1992, City Council meeting. The item is required tc be re-noticed because of revisions in the Community Development Block Grant application. Respe lly sub to d, i ~ ~ / Bra ler City Planner BB:CN:ja CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: April 1, 1592 TO: nayoz and Membeza o: the city Council Jack Lam, AICP, City Hanager//~~~~/ FROM: San Sutton, Depu[y City CierjcJ~: SUBJECT: EMINENT DOMAIN ACTZON TO ACQUIRE PNBLIC RICNT-OF-WAY FOR LARK DRIVE Due to the ongoing negotiations regarding Item G1 and G2 on the April 1, 1992 Cov ncil agenda, Consideration of Eminent Domain Action to Acquire Public Right- of-Way Eor Lark Drive, the otaff report and recommendation was not avail aD le for insertion in the agenda package. The staff report will 6e delivered by the Engineering Department to the council early next week prior to the Council meeting. /m -- CITS- OF RANGHU CI'GAMONGA STAFF REPORT `° ~ DATE April 1, 1992 I, '[U Mayor and Members of the City Council I, FROM: 7em B. Fulwood, Deputy City Manager BY: Duane A. Baker, Assistant to the City Manager Sl7BtECC: Cnnsidera lion of Agreements Rel ali n¢ [o C o m m u n i t y ~ Facilitiec_ District RH-2 Recommendation: I[ is recommended that the City Council authorize the mayor to execute certain agreements relating m the disbursement of funds and conswction of facilities in Community Facilities District (CFD) 88-2. The agreements that are to be executed are a final disposition agreement, a ^ood insurance fund deposit agreement, and a Bood wail constmction deposit agreement. Background: By a previous volt of (hc property owners in CFD 88-2, the District was authorized to sell bonds to fund certain capital improvements. The amount of these bonds were not to exceed four million dollars ($4,000,000). At this time a substantial number of these capital facilities have been completed or are soon to be completed. To fulfill the purpose of this District, the :ime has come to sell bonds and reimburse the developer, The Caryn Company, fora portion oC their costs associated with constructing the facilities. The City has been engaged in discussions with the developer for several months on the way in which to disburse funds. While a substantial portion of the facilities are complete, not all of the facilities are yet finished. While the City has agreed to reimburse fur completed portions of the drainage facilities, it was felt that precautions were also necessary to protect the District and residents. For this reason, the City will be taking a phased approach to paying the developer. In the (first phase, the developer will be paid from special taxes already collected for work already completed. From this first payment, 5335,000 will be set aside in a City account to pay for consWCtion of a flood wall required by the Fedora{ Emergency Management Agency (FEMA) in order to remove the flood hazard and the necessity for flood insurance from this area. To accomplish this, an agreement with a constriction schedule has been drafted by Bond Counsel and to be signed by the City and developer That agreement is before you at this meeting. Consideration of Agreements for CFD 8g-2 April 1, 1992 Page 2 Alsu se[ aside from the firs[ payment will be SSO,IXIB to pay any flood insurance ~ premiums that might be required of residents in the approximately six to nine months needed to complete any remaining work and to file the documents with FEMA for removal of the flood hazard designation. An agreement has 3150 been drafted to accomplish this deposit and is here for your consideration. The final agreement that is before you is the final disposition agreement. This agreement simply spells out what the total disbursements to the developer will be and provides some protection to the City against future claims. While many of the facilities are complete in the District, Caryn Company representatives will be working with the County to insure that the County is ready to accept these facilities for maintenance. This is being done to insure [hat the facilities are Wly complete and no longer a liability to the City once we have paid for them. Therefore, no future reimbursements will occur until the issue of County acccptancc has been addressed. Finally, the City has been working with our tax consultant and financial advisors to insure that the Pistrict will be able to pay the debt service on the bonds without raising the assessments of the homeowners. Our analysis shows that the District will be able to pay for the debt service on the bonds without an increase to curtcn[ assessments. This has been done by adjusting the undeveloped property assessments to make up the difterencc needed for debt service until all of the homes proposed for the District are built. Should the City Council authorize execution of the above mentioned agreements, staff will !hen brio; to the next meeting the resolutions required for beginning the bond sale for the District. spectfiilly Submitted, `L' N~~ y~~. Jerry B. Fulwood Deputy City Manager Z`ry`7 ----~-- ------ -- CITY OP' RANCHO Cl'('A~lONGA ~~, .-: STAFF REPORT ;~ DATE: April 1, 1992 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager '~. FdOM: Jerry B. Fulwood, Deputy Ciry Manages ~ j SUBJECT: ADOPT-A-WAL-T-T PROGRAM The Ciy Counicl approve a resolution providing an and-graffiti program referred to as the Rancho Cucamonga Adopt-A-Wall program, attd recommend implementing a pilot Adopt-A-Wall program. During January of 1992, a Rancho Cucamonga resident requested that City staff explore the possibility of implementing an Adopt-A-Wall program This program would be a minianue replica of the Adopt-A-Highway program implemented by the Califorrda Department of Transportation (Caltrans) in 1991. While Caltrans' program addresses the removal of litter and establishing seedling trees, planting wildflower bulbs, native shrubs, and painting over graffiti, the Adopt-A- Wall program proposed by the City of Rancho Cucamonga and the residents would be limited to graffiti removal. A group of concerned residents have volunteered their time to assist the City in removing graffiti off public rightof-way within a 24-hour period of application. Staff has met with Lymthia Shelly to discuss this program. The department heads believe thaz the program is viable as long as City procedures are followed, thaz pamcrpants sign a waiver and release form, and the graffiti must be emoved on a timely basis. The Public Works and Police Departments will approve and assign sites within the City for graffiti removal. The group members of the pilot program wotild be required to remove graffiti from the adopted wall within a 7A-hour period of the application. ff for some reason the group, nor their back-up teams, were able m remove graffiti vntlun the applicable time, then they would have to notify the City, and City staff would have to remove the graffiti. Additionally, paint and brushes would be provided by the City for graffiti removal. If the initial pilot program is successful, then other satellite Adopt•A-Wall groups will be forrrted and assigned sites within the City. ADOPT-A-WALL PROGRAM Apri11, 1992 Page 2 A general description of the initial proposed boundary site will Rochester Boulevard, south is Foothill Boulevard, nordt to Base Line Road, and west to Milliken .Avenue. m m Y 0 n m N m D !D Foothill Blvd. Boundaries of Adopt-a-Wall Program The Adopt-A-Wall program will irwrease public awanroess of the growing graffiti problem and the joint effort of the City and community in the war against graffiti. The Public Safely Convnission recommends that the City Council consider implementing this program as a pilot program, with a status report forthcoming within six months. IBF:jIs 92-007 2~~ OQ(p RESOLUTION NO. 92-~ ~ A RESOLUTION OF THE CITY COiJNCiI.OF TFiE CITY OF RANCIiO CUCAMONGA, CALIFORNrA, APPROVING IMPLEMENTATION OF ANTI-GRAFFITI PROGRAM REFERRED TO AS RANCHO C.UCAMONGA'S ADOPT-A-WALL PROGRAM WHEREAS, the City Council of the City of Rancho Cucamonga finds and determines that graffiti is obnoxious and a public nuisance, and unless i[ is removed from properties, the graffiti tends to remain. Other properties lncn become the target of graffiti with the result that entire neighborhoods are affected and the entire community depreciates in value and becomes a less desirable place in which to live. WHEREAS, g•atfiti on property is a blighting factor which not only depreciates the value of the property which has been the target of such vandalism, but also depreciates the value of the adjacent and surrounding properties; and in so doing has a negative impact upon the entire City. WHEREAS, graffiti also has been found to be a means of identification utilized by gangs; and furthermore, its presence may encourage Curthcr gang related activities. WHEREAS, City Council reaffirms its commitment to continue [hc war on graffiti by implementing Rancho Cucamonga's Adopt-A-Wall Program. WHEREAS, a0 legal requirements necessary to adopt this Resolution nave been performed. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga dots hereby resolve as follows: SECTION 1. That the above recitals arc all we and correct. SECTION 2. That the City Manager's ot'fice, Public Works and Police Departments will work together with the Adopt-A-Wall community volunteers in implementing this program. SECTION 3. That a wall site be assigned to each volunteer group by the City for a specific period of time. Each group will have the option of renewing the right to the assigned site upon expiration of such time period. SECTION 4. That gmtfiti must be removed from assigned sim within a 7-4 hour time period from the. application thereof. I( the community Adopt-A-Wall volunteers arc unable to remove graffiti within 24 hours, they must notify the City of such inabilit :~. SECTION 5. That any Adopt-A-Wall team which fails to remove graffiti on a timely basis more then two consecutive times may lose their assigned site at the sole determination of City. 2dq Resolution No. 92-"i~ F agc 2 SECTION 6. That participants must sign a damage waiver and release claim form. This waiver must 6e submitted to Risk Management prior to anyone being permitted to remove graffiti from any area wish a public right-of-way. SECTION 7. That this pilot program is for graffiti removals in public right-ef-way and not for or upon private properties. SECTION 8. That participants must receive graffiti removal [raining from applicable City departments prior to undertaking any removal activities. SECTION 9. That a written log accompanied by a photograph of the graffiti before its removal must he maintained to reflect graffiti removed and the same provided to the City upon its request. SECTION 10. That any end all funds, donations and contributions will 6e placed in a trust fund account with [hc City of Rancho Cucamonga. Funds will only be cspcndcd on program related items. SECTION 11. That the attached policy will provide direction to participants of the Rancho Cucamonga Adopt-A-Wall program. ~~~ RANCHO CUCAMONGA'S ADOPT-A-WALL PROGRAM ANTI-GRAFFTTI This policy has been developed to establish a framework for an Anti-Graffiti Adopt-A-Wall Program for the City of Rancho Cucamonga and residents who will be panicipating in the progrnm. Also, it will provide policy and direction for participants to follow which will insure maximization of resources for an efficient and effective program. PURPOSE The Adopt-A-Wall Program is designed to allow residents who wish to volunteer then time to assist the City with removing graffiti off of public righhof-ways. II. POLICY A. The City of Rancho Cucamonga Public Works and Police Departrnents will assign all adopted sites prim to graffid being removed by the participants. The assigned time period will be determined at the time the site is assigned, i[ can range from three months to one year. The participants ate requited to remove greft-iti from the adopted wall within a 24 hour period of the happening. If assigned group or backup team is unavailable to comply with the 24-hour 6me limit because of special circumstances, then they must notify the City for City clews to remove graffiti. If the Adopt-A-Wall team continually faits to remove graffiti within the 24-hour period, that ]oration will be reassigned. D. ;>lj program participants must sign a damage waiver and release of claims fotm. This waiver form must be submitted to Risk Management prior ro anyone being permitted to remove graffiti from public rightof-ways. E. This program is for graffiti removal in public right-of-ways, and not applicable to private properties. F. Panicipant(s) will he trained by Public Works and the Police Deparunents. The training program will show the proper methods to remove graffiti, G. Prior to any grafffi removal, a log must be developed and maintained, and pictures must be taken prior to removal. This information must be provided to Public Wnrks on a wcekly basis. H. Any funds, donations and/or contributions will be placed in a trust fund account with the City of Rancho Cucamonga. Funds will only be expended on program related items. f. Graffiti removal supplies, paint and brushes will be provided by the City. The trust fund can also be used to fund the above vests. CITY OF RANCHO Cl'CAMONCA _., STAFF REPORT ~,wi ~~r--, ,'`.~ DATE: April 1, 1992 TO: Mayor and Members of the City Council FFlCM: Diane O'Neal, Management Analyst II SUB.IECT: UPDATE ON MOBILE HOME ORDINANCE The City Council authorize the Mayor to sign a letter of authorization to proceed with Agajanian and Associates' proposal for an amount not to exceed $6,600 to be paid out of the General Fund Reserve. The City Attorney and staff have been working with the consultant, Agajanian and Associates in identifying the scope of work needed in order to support a Mobile Home Ordinance. The attached proposal summarizes the scope and costs associated with the needed scope of work. The City Attorney and staff will present the Mobile Home Ordinance at the May 1, 1992 City Council meeting. Respectfully Submitted, i ane O'Neal Management Analyst II Attachment: Agajanian and Associates' Proposal dated March 24, 1992 ZC! ~ ^M1 A R 2 i- 9 2 ~J E 1 4_ 5 0 q G q ,f g N S q N& g S S O C S r 1 I(~ _ FAX COVER SHEET From: AOAJANIAN R Associates 800 Newport Center Ddve, Suite 475 Newport Beach, Califo:nie 97b60 (714) 640-0664 FAX (714) 640-0668 Date: ~~/9Z '/~ / ,r~ / ,/ ~ FAX To: ~%drt,L ~ N4tC //l~.Y.l/E~++A~tr ~HX.t/.~i~Sf' Company: ~ (d+t!/jt Project: qp ~ ~~. ~ f!~ Ct_ FAX Number: / o ~ - (, `f f r/ a _~ Total number of pages transmitted (including cover sheet) Remarks: n ' ~ ~~ d/ ~~ fir, ' ~ Gf.GG "'~ >lo ~islicc~ of ~pu/ uxoew~t. P _ 0 1 Signed: ,~:.G~L' 2"~~ ~_~ .---- -- Please notify A6AJANIAN & Auociates immediately if she transmiual is incomplete or illegible. Z M q R- 2 4- '? 8 U E 1 4 x 5 1 q G q .S H N I g N& A S S O C `_< ~i;\~~~i /A~ l ; \~. qr ~.l A~ i.4ti ~- 49~nCi 4TF.S btarch 24, 7992 F ."h Diane O'Neal, Management Analyst Otlice of Administration City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 Re: Mobile Home Perk Market Study Dear Ms. O'Neal: P 0 2 a i em pleased to present our proposal to undertake a market study which would help determine whether mobile home residents within Rancho Cucamonga ere being held captive by competitive market conditions. Mr. Markman feels that such a determination must be made in order to support some of the assertions justifying the need for the pouble la;al Mobile Home Rent Control Ordinance. Our approach to this assignment will be to research mobile home market conditions that would limit or preclude Rancho Cucamonga mobile home park residents from relocating to available and competitively priced mobile home park spaces within the market arcs. Market wnditions which would limit or preclude relocation include: „, r.,, a) the number of mobile home park rental spaces available, . c~ '~ ."'"-v0 b) the vacanry rate for mobile home perk spaces, ar. wr ^^w , ~.,K:, c) the rental rates of available rental spaces, Thus, by virtue of marketplace conditions, current Rancho Cucamonga mobile home park residents may be found W be effectively captive and, cunsequcntly, subject to the protection of a municipal rent control ordinance. We propose to undertake our work in 2 parts. The first part establishes the minimum necessary research to produce supportable findings. 71te secnnd part la optional. pt u intended to strengthen the findings by examining trends in market Conditions. The scope of work for tach part b presented Imlow. Zq3 MAR - 2 4- 9 2 T U E Y> 3 2 g G q J q N I q N& A S S O C S P 9 3 1c1~~. Part 1 Basic Study 1. Describe the competitive market etas Cot mobile home perks and identify ell mobile home parks. 2. Describe existing munielpal mobile home rent control ordinances or accords within the market area. 3. Inventory each mobile home park with respect lo: e) current number of rental spaces in the mobile home park, b) current number of available rental spaces, if any, c) current rental rates for available spaces, iF any, 4. Analyze the mobile home market conditions end estimate current supply of rental spaces, average vacenry rata, end rental rates. S, Determinn whether market eonditiom IimR or preclude Rancho Cucamonga mobile home park residents from relocating to competitive mobile home parka due to the lack of currently available spaces, bw vacenry rates or high rental rates. 6. Prepare a brie[ report documenting our research, enelysp and findings end submit five bound copiu and ono camera•ready copy to the client. Part 2 Optional P.xpeoded Scope for Study The basic analysts can be strengthened by examining the market facton identified above over time and demonstrating that current conditions ere getting worse. This historical dimension can help to establish trends which may reveal that the supply of available rental spaces will soon be fully occupied and that rental rates will Increase at tester rates. Such a finding can establish a more convincing need for a municipal mobile home rent control ordinance. Pert 2 will need to be done concurrently with Part 1, adding the following activities: a) Obtain historical market data for each park Crom 1 year ego and 2 years ago (same facton es Part 1, item 3). In addition, obtain voluntary vacation dale for each park. b) Analyze the trends for mobile home spaces, lease rates, in-place mobile home prices end in-place mobile home rental rates. AGA)ANSAN et Associates q Z9y M q R-. q- 5 2 T U E 1 4 5 2 g G q J q N I q N .^,. g S S p C 5 P. 0 4 It• ~ 1 1~(a, c) Incorporate this trend analysis portion Into the research, enalysu end findings of the report. Thu assignment can be completed [or a fined price cost of 55,900 for Pan 1 alone or for Sg,600 for both Parts 1 and 2. The billing for this study shall be 50% to initiate the study and 50% upon completion of the study. Additional activities not expressly included idthis proposal, such a presentations of the report findings, will be undertaken at our current billing rates (attached) only upon written authorization from the client. These price estimates are effective for a period of 30 days. The assignment can be wmpleted within 20 business dayb from the assignment Initiation date. If you feel that the proposed scope o[ work end conditions best meet your needs, plcau submit an authorization to proceed letter and the initial payment to initiate our work effort. I[ you have any questbns, or if you wish to modify Chia proposal in any way, please contact me directly for a prompt response to your request. AOAJANIAN & Acsnciatca 'Z~S M q R- 2 4- 8- T I_I E 1 4 5 3 g G q S q N a H N& g 8 S G C: b F_ Ei 5 f~AT~ AGAlA.\TAN de Associates is committed to providing et6cient and eost- effectiveprofessional service, Our charges ere on a time and expenses basis, unless otherwise stated. Labor Charges P;incipal ................................... SI101Houf Software Development Spec(alut . ................. Si5/Hour Senior Analyst ................................ 375/Hour Analyst ..................................... SSSMour Secretary .................................... f35Mour Expense Charges All direct project related expenses will be charged. Direct expenses rover travel, phone tails, postage, duplication, materiab, aubwnsultanb„ end related costs, as needed. -------. _ ~ -- CCf~' (iF RANCHO ('I'CA~IONGA STAFF REPORT ~~' a ~~~ ~ . ~.,` ~~ i DATE: April 1, 1992 TO: Mayor and Members of the City Council ROOM: Linda Daniels, Deputy City Manayer SUBJECT: DISCUSSION OF LIBRARY MASTER PLAN In 1991, the City Council requested the recruitment of a library consultant to develop a master plan for library services. In addition the Council asked for citizen participation for a Library Task Force. The purpose of the Task Force was to assist staff and the consultant in developing a master plan for library services within the City of Rancho Cucamonga. The Task Force identified four basic library services to be provided in the Central Park Library. These services are as follows: ` Children's Services ' Adult Services ' Reference Services ' Staff Services In addition, the Library Task Force has established the following priorities for additional collections, services and facilities: ' Computer Usage " Business Reference ` Senior Services ` Homework Centers ' Literacy Program ' Young Adults ' Special Program Rooms ' Audio Visual ' Discovery Room for Children ` Local History The library system facilities concept details a three tier system for the Central Library. At the top of the system pyramid is the major headquarters/resource library represented by the Central Park Library. Beneath it is the second tier consisting of branch libraries designed to provide a given level of collections and services to a well-defined community composed of a collection of neighborhoods. The third tier would consist of other types of extension services such as outreach tc pre-schools, convalescent hames, hospitals, and other special groups and institutions. Libraries in each tier will have designated objectives. Collections, services, hours of opening programming and other facets of branch library service will be focused on the needs of the population in the community served. Each branch library facility itself will, of course, be designed to fit its own community setting. Branches may develop individual collections strengths and/or services that are needed in the particular community, but shared with other libraries in the Rancho Cucamonga Public Library system. Recommendaticns established by the Library Task Force for future branch libraries made in the master plan assume that the service area for the Central Park Library wil! follow patterns common to most facilities of its size. Acting as the resource and headquarters library for the system, the Central Park Library will provide a wide range of materials. The ability and capacity of the Library to deliver traditional library services has been enriched and expanded to embrace new services tailored to the special needs and interests of Rancho Cucamonga residents both now and in the foreseeable future. Included on page 28 of the Master Plan are the priorities identified by the Task Force dealing with library services. These priorities identity the establishment of a municipal operated system; establishment of a funding source for library operations; the Central Park Library facility; the esteblishment ~f branch facilities and miscellaneous extension services. R,o~s~perctf~,ly Submitted, l~"~'"~ Linda Daniels Deputy City Manager za~i ~ CC ~r~ c.~4 ?IICli V I. YH~1.1 IP'~ y Laguna Canyon Conservancy ..~ . ' k~° _•.~ ~ ~ f~~~~>_~ Cnited States Department of the Interior ~~a- o FISH .4~C~\t1LDL1FF. 5FP.\1 CE ay~~ FiBr ARD WILDLIFE EFHAAICEMEtiT- ~_~~ SOL THER` C;ILIFORFIA F1E~.D BTATIC$ Laguna Riguel Office Federal Building, 2400G Avila Road Laguna Niguel, Cal ifo rota 52656 March 13, 19 ~; Supe n'isor Jon Michaels Co u; ty of San Bernardino 3E; N. hr: vub,e ad Avenue San Bernardino, California 9241>-1080 Dear Mr. Hichae ls: Tne ti.5. Fish and Wildlife Service (Service) is very concerned about the rapfd loss of alluvial scrub habitat in southern California. Alluvial scrub is a type o.' cogs cal sage scrub. Alluvial scrub habitat is only found along the coastal draining slopes of the Ban Gabriel and San Bernardino Mountains. It is estimated that only SS of Chia habitat remains. As you may know, ih is loss is the result of residential and commercial development, water diversions, and flood control structures. ' ~.ial scrub habitat is a unique es semb loge of plants end animals bawd on the dynamic nature of alluvial systems and soil deposition. 1'h is eco s-y sten. is also very i¢portan: for natural groundwater recharge aC no cost Co man. This habitat also serves es natural flood control through the extension of sheee fiov out over a vide area that allows for percolation into the ground. P.iluvial scrub habitat to be a high priority habitat for conservation. The California Department of Fish and Game and the Service Consider. As you know, there is no comprehensive development plan to protect the functions end dynamic nature of this habitat in Ban Bernardino County. Every development proposal is viewed separate from all others. This creates a pe[chwo rk of habitat fragments [hat ri 11 no longer function biological ly. Flood control measures and structures remove the hydrology end debris flow that is essential co [he maintenance of this habitat. Consi datable interest has developed regarding the protection of biological l}' functioning alluvial scrub hob Lta C. This interest was heightened by the proposed Los Angeles Raiders s[adiu¢ Ln Irvindale that would have eliminated 178 acres [v create a parking lot; t?:e proposed golf course in Big Tuj urga Wash chat would eliminate 350 acres; and the proposed flood control projects in Ettwanda end San Bevalne Washes that would have eliminated the remaining alluvial scrub h..bitat within their drainage areas. In addition, the area's man} individual residential developments either proposed, planned, or under consiructior, in Ban Bernardino County vi 11 el iminete significant acreage, •' - ~e: ~.__..tes .,n Fe'o ruary io, i992, an educational forum vas held in Rancho Cucamonga ~ : egardi r.g alluc ial scrub ace systems. I[ vas well attended. The purnosc vs= .c `: iag tog=then planni r.g department pe a oaael fro: ali leve]_= of go•:errre.: .: ne tro rk and plan development to pro to^-t the remaining alluvial s.:ob ?:at ita:. A-i so, the City of Rancho Cuc am cnge prepared the Eti',: a^,da !:o: [;~. Specific Pla r, with ir. their sphere of influence in an attespt to protect sor..e of the re mai ci ng si lucial scrub. However, it does not gc far enough. To date, the County of San Bernardino has not acknowledged this effort m: its 1ntEL: The Service suggests [hat the County of San Eernardino Planning Dep arimenc cos:der the remaining alluvial scr:b habitat within their jurisdiction o° high. priority for protection and possibly develop a special planting disc: is c. _.. <-..ir en.-.e:da_ cons a'a rots sha uld ba ide r,-: fled f.-ot and any devcl e;ccct ehac world not impace these tors traints could be tors idere d. .,.a Se r+i ce is co¢rci coed to the protection of the remaining acreage of [his rapid,'y declining unique ecosystem and asks for your cooperative effort via t}.e p:ar.r. i::g process. We look fon+a rd to hearing your views snd vork.i cg Loge the: to avcid further loss of Chis habitat. If vas have any questions please feel free [o contact John Hanlon et (71L) bL?-42i0. Sincerely, Y.Y ~ Brooks Harper Office Supervisor cc: CUFG, Region 5, Long Beach, CA (Attn: B. Elliason) CDFG, Region 5, Long Beech, CA (Attn: M. Cuisti) CDFG, Region 5, Long 8e ach, CA (Attn: H. Meyer) City of Rancho Cucamonga, CA (Attn: B. Buller) Lily of Rancho Cucamonga, CA (Attn: M . Bract) Supe r~isor Iarry Walker Supervisor Harsha Puroci Supervisor Barbara Riordan Supe rvtscr Robert Hammock San Bernardino Saga Friends (Attn: L. Rl ipps rein) The Nature Conservancy (Attn: P.. Cox) San Bernardino County Planning Department (Attn: R. Scof.t) ~. ~ UNITED 57ATE5 FOREST San Bernardino DEPART•iENT OF SERVICE National Forest Star Route, BoX 100 Fontana, CA 92336-970A a U. S. Arrny Corps of Eng losers ATTfIr CESPL-CO-R-91-100-RS P.O. Box 2711 Los Mgeles, CA 90053-2325 Dear Staff, Reply toe 1560 Septeo~ber 27. 1991 Wa nave reviewed the public not(co of Permit Appl tcatfon No. 91-lOG-RS. San Ba rnaroino County Fiood Control District's proposal refers to eight years of consuita tion vith resou rco agen~fes regardf ng the design of the protect. To my knovledgo, the Forest Service vas not informed of to is pro~eet prior to receipt of the current applfcatton. For this reason, our fottov ing Input 1s 11m1te0 to the tnforawtion included 1n the permit aDDi lcat ion. ' The proposed protect 1s likely to impact Forest Service lands and vtldl lfe through increasing the isolation of these lands and reducing the quant lty of vildl ifs hab lief ava ll able on adt acent or nearby heel thy areas of oat the vegetation. This viii be especially important for animals rtth iarge Rome ranges, such as golden eagles and meanie In lions, and for an tawis rlth already reduced ranges that depend on sc ruD nab hats, such as the Cal lforn la gnauatcner and San Diego horned lizard, a federal C-2 species, fCallfornfa gnauatcners are currently De1ng considered by the US Fisn and Wi)diifo Service for listing as a threatened or entlangered species. The species ras found 1n 1991 hoar the confluence of Caton Wasn and Lytle Creek 1n similar haS lief; a su rvoy for the gnatca tcher 1n the protect area is recomnended.) 61It 1gatton for the prat ect does not appear to be adequate to its effects. Alluv tai fan sago scrub 1s consldorod a hab lief rltn a high priority far preservation by the California Natural Dfversf ty Data Bese (1987). The prof ect falls rithin one of the ten largest intact stands of this vegetation rema In ing 1n Southern California (Pianos et ai. 1989, enclosed). This vegetation is adapted to periodic flooding and scouring. The long term vital lty and tntog rl ty of the surrounding ailuW al fan sage scrub fs 5lkely to be affected Dy changes in the flood reg lme resulting from the treat ion of deb rls basins and channel tzation of floes. Thus a much larger area than the s4 acres listed fn the protect proposal viii Oa impacted by the protect. Tho 225 acres proposed as mitigation for the protect 1s less than adequate, not only due to the larger area of impact, The 150 acres Yocated vithin the channel 1n Upper Etfuanda Creak nave already been impacted Dy flood wntrol activftfes and do not represent heal my alluvial fan sage scrub. The remaining acreage, balov 2a th St., viii fall within an area of Intense residential r ,. developnent. Tnase acres x111 be Isolated from other intact alluvial fan sage sd rub and are likely to become degraded dne to impacts from surrounding ,. rosident tai areas. The Isolated nature of the ha6ltat x111 greatly reduce its valuo to rildlifa as yell. The proposal also mentions that the set-aside areas x111 not be awnaged for habitat value. 1f ih is fs the case, these areas cannot be considered ss mitt gat ion for impacts to habf tat resul.tf ng from the protect. In addition, cumulative impacts from the increasod capacity for tlevel opnrtnt of adJ scent lands have not bean 6e sufficiently addressed by this proposal, Tho proposal states that the 225 set-as lde acres "accounts for impacts relative to any adJ scoot development as yell as the Impacts associated with the debris basins and concrete channel." The applicant should ciarlfy what development is referred to in this statement. Mitigation for the cumulative impacts of associated developmont must be considered Dasad on the scope and Impacts of the p roposo0 development. Please fool free to contact our district rtldl ife btolog /st, Sharon Dougherty. or our district lands officer, Gary Ea rney, at 714-887-2576 to discuss these connw3nts. Thank you for the opportunity to revf ew this proposal. S inceruly, ,,~4f:tLIOTi L. GRAWIM U District Ranger cc: San Barns rd ino County flood Control District. Bill Mann Assoc isles DATE: ,Apr11 i, 199° ;0: !ta yor & lle mbecs of the Cites Ccuncii ~~,?~~~,aq~ Jack Larn, City Manager 'S Brad Heller, City Planner ~,,y • ,- , o, t w,~ !fiki Bra [t, Assnci8te Planner "i^S~~ ~. .-~~ .• SI: B.IECT: Em'ironmental Impact Renort for Specific Flan y0-O1 and General Pla r. Amendment §0-03B - City of Rar.c ho Cucamonga. E r,c i. ronmen[al :\ssessment and General Flan :\mendmen[ y0-036 - City of Rancho Cucamonga. environmental Assessment and Specific Pla r, 90-01 - City of Rancho Cucamonga. \s ten.; tine croper[y owners and residents of the Rancho Cucamonga area we must stress our opposition Co Specific Plan y0-O1 and General P utt lmendment y0-0311 and Che prezoning of [I:e land '_ocated north of Hi qit land .4ve., south of San Bernardino National Forest, west of the Ci[v of Fontana ar.c east of Milliken Ave. i;e hace cnr homrz Coca tea en 760 acres and are in agreement with many adjoining property owners which own land in the north Etiwanda area that is currenCly being proposed to be zoned "open space", Beverly reducinr, the value of our properties. tJe have a right to be heard. There is no one more concerned with the preservation of the environ- ment, Slant and wild life in the north Etiwanda area (we live [here). In Che r,ast we hace provided road access and water from our reservoirs, Free of cost to the City and County, Co fight the r:any fires in this area. !re believe in cooperating with the City of Rancho Cucamonga and the County of San Bernardino but not at the expense o£ [he families c:h ich have put [heir future and life savings into the land [he City of Rancho Cccamonga now proposes to zone 'b pen space". There are r.umerrus land oe~ne rs 1o rated in the north Etiwanda area, north. of Summit, which have vo i::ed thei~ conr.e r.n for [he nrnnosed changes made. be the City of Rancho Cucamonga which conflict with the current Sneci`ic Plan proposed by the County of San i;e rnardino. Many land owners have net been aware of Che on going studies regarding [heir property. ',ve are not referring to developers but ordinary eitizens e:h i.ch have put Cheir Life savin p.,s into the land they own in north i4tiwanria eased on the zoning nropcsed by the County o£ San Bernardinr,. S rnce Chc last work shoo meeting by the City of Rancho Cucamon ya many char r,cs nave occurred in the north Etiwanda area due [c [he economy and other far t.crs. The prope r. tv owners in this area want [he co- operation of Tito City o£ Rancho %ucamnnga and the County r,£ San Bernard ten sr, the area will develop in an orderly manner and to snrcessfully r.nnex into Che Cite of Rancho Cucamonga. l;n order for this tr, be nrro!npl fished we are ceq uestinq [hat the adoption of Specific Pl:+n '10 -il 1. and f,e nerai Plan Amendment 9f1-q3 he, postponed. We believe Chat new is the rimy; Lo cnnsrder tormin p, a land development agreement he tween property nw'necs and the Ci[y of Rancho Cucamonga. - 1 - In respect to nne of the City's found ing fathers, [he Late Joseph 9. DiIocio, who originally wanted to form a Contract Land Development dv,reeme r.r with [he City eF Rancho Cucamonga, and for the Ci[y tofhow food fa i[h to the property owners, we reouest the delay of the adoo[io r, pf The Ror[h Etiwanda peoific Plan. iie believe there is auch to be wined by- all by accepting our request. ,f `he City of P,ancho Cucamonga continues to isre;ard the wishes of [hc nrpeerty owners, rant aCtu9lly ii.ving on or planning to live on their land in the north Ftiwanada area, we would have no alternative l>u[ to oppose the the annexation of o«r property into the City limits of Ranc no Cucamonga. Please gyve our reruest the same consideration you have already given r,ener groups. lre care about our environment too and have been paying [n oreserve the beauty of the porch Etiwanda area for many years. ..°.espectfully submif[ed, ,~ / Tone R. ordeiro also for Sharon A. Cordeiro Daniel W. Knight Denise F. Knight William G. Knight Betty M. Knight .4ddress: P.O. Box 385, Etiwanda, CA 91739 Phone: 714/899-?087 TIIF Cann Unm!opmrnt Comparn~ :id tiv ri:ntrvl'arA, tiu:n ry.i,i, 6rlflr, (;ilnnu+m {I_'~id i 4to r ~SU. 3n3.S+, $71 if 1.A' G!~Y~ fir ;;~Ulfn~ April 1, 1992 CITY' OF RANCHO CUCAMONGA City Council P.O. Box A07 Kancho Cucamonga, CA 91729 Re: Draft Etiwanda North Specific Pla. Uear Mayor Stout and Members of the City Council: The Caryn Company, University of California and Etiwanda Highlands LTD feel that it is inappropriate to proceed with [he Draft Etiwanda North Specific Plan being proposed by :he City of Rancho Cucamonga at this time. The reasons for our opposition remain unchanged, and have been outlined in our letters of Fehruary 26, 1992 (to the City of Rancho Cucamonga Planning Commission); January 8, 1992 (from Deborah M. Rosenthal of Hamilton & Samuels to the Ciry of Rancho Cucamonga Planning Commission); December 31, 1991 (from Deborah Rosenthal to the City of Rancho Cucamonga City Council); October 7, 1991 (from Anita T. McZeal of Land Plan Design Group to the City of Rancho Cucamonga Planning Commission); and June 26, 1991 (from Jess Harris of Land Plan Design Group [o Mr. Larry Henderson, Senior Planner for the City of Rancho Cucamonga). Copies of the abovementioned correspondence are enclosed Sincerely, ~~~~~~ David Dilorio President The Caryn Development Company cc: supervisor Jon Mikels (w/o enc.) Mr. Timothy L. Johnson (w/o enc.) Mr. Pat McGukian (w/o enc.) Mr. Citric F. Paull (w/o enc.) Ms, Betty McKay (w/o roc.) Ms. Deborah Filliott-Fisk (w/o enc.) The Caryn Development Company 34 Erecviire Park, Suite G5, ;nine, Ca!ilornia 92714 0(lice (7141 863-9001 G1X 17141 853-0199 February 26, 1992 CITY OF Rr\KCFIO CIiCAMOVGr\ Planning Comatission P.O. Box 307 Rancho Cucamonga, CA. 91729 Re: Draf Etiwandn North SPecitic Plus Dear Chairman and Members of the Planning Commission; The Caryn Company, University of Qtliforr.ia and Etiw:vula hlighlands LTD, feel that it is inappropriate Ur proceed with the Draft F,!iwantla North Specific Plan being proposed by the City of Rancho Cucamonga at this time, As you are aware, the CFQA Lnvsuit has been signed by the City :rod all the Real Parties in interest and is awaiting County sign;tlure. With the University/Crest litigation now resolved, the inconsistencies between this approved p«>;ect and [Ite City's draft E[iwunda North Specific Plan remain. We have highlighted these issues in the past to the Planning Commission in letters from (a). Lamd Plan Design Group dated June 2(>, '!991 and October 7, 7991 and (b). 1-4unilum a.^.d Samuels d;ued December 31, 1991 and January 8, 1992 (see attached letters). In addition, this draft Etiwanda North Specil is Plan has no planning impact on this specific plan area since this area is in rite County of San Bernardino and s administered by the Nest Valley Foothills Plan, ~Ve question the ruional of proceeding with n plan that has no effort on the identified planning arc;. We request that the Planning Commission send the plan back to Staff in light of the University/Crest CGQA settle rnem and work with the Cormty of San Bernardino Staff to eliminate the present inconsistencies ns a result of the approved University/Crest prefect. Sincerely yours, ~~ ilo~~~ Caryn Company. cc: Supervisor Jon ~tikcls M r. 'Pinrnhv L. Johnson Mr. Pat INCGukian ~Tr. Chris P. Paull Ms. 13et(v McNav Ms. Dchor,;h IilliuU-I~isk ~-on i~ a.[['. .Rww ~~RpLC O n40~+w EwuG ][lC 4.n v n05[w-v n• 1CD N. ~ w]]l'. .\wG 9. vi\C! ~ouR+u•u a c~.~c eruewu n. wAe[" ce:u ~, uev!ro+ TBSacoDisL (714) 987-6499 A !.za.~rox & SwMi+BZs .ooo .!.u+•nvfl eovic~..v, eu:TC »eo xawnoaz annca, c~uroamn oaeeo Sanuary 8, 1992 CITY OP RANCHO CUCAMONGA Planning commission P.O. Sox 907 Rancho CucaIDOnga, CA 91729 Re; Draft Etiwanda North 9Deciiic Plan Dear Chairmen and Nombnre oP the Planning Commission: 03002.015 On behalf of our client, the Caryn Co. ("Caryn"), wa have revlnwed the January a, 1992 Stafi Report prepared for the Drnit Etiwanda North Specific Plan and related approvals. caryn concurs that it is appropriate to continue consideration of these items until conclusion of negoti.ationa to resolve the litigation filod by the City against the University/Crest Project. However, Caryn disagrees with the statement that all documents necassnry Por decision-making have been prepared duo to the inconaistoncy between the draft specific Plan and the University/crest Project. As previously stet ed, Caryn laeliavas thnt nny Specific Plan for the Etiwanda North area must incorporate the University/Croat Project as approved. In its current form, the draft Etiwanda North Specific Plan proposes uses and densities per the tiniverai.ty/Crest property which are inconaiatent with those approved by the county of San Bernardino. Once the litigation is resolved, thane inconsistencies will become oven mots apparent. However, oven now, the draft Etiwanda North Specific Plan could not be implemented without significant revisions to the approved L'nivorsity/Great Project, which revisions are outside the jurisdiction of the city. Caryn believes that the etetus of University/Croat as an approved project will make it vary difficult for the city to adopt the Draft Etiwanda North Specific Plan until these inconsistencies are both acknowledged and resolved. As we are ours the Commission appreciates, adequate environmental review must include conelderatlon of the eumulativo impacts of pending and approved projects. Failure to consider the impacts of the OVI. +!IC NV NB ifl y Planning Commission Jenuary 3, 1992 Psga 2 University/crest Project as actually approved would constitute a eignitieant legal deficiency in the environmental documentation, Caryn is prepared to appoar at the hoaxing on tho Draft Etivande North Specific Plan to discuss theao inconaietencioa and other legal, financial and practical problems with the Plan• However, due the possible eettlomant of tho litigation, wa aahad to adVlee the Commission promptly oP Caryn's continued concerns about the inconsistencies between the Draft Etiwanda North spoeilic Plan and the approvod University/Crest Projoet. Caryn will request the cemmiasion to defer any action on the Draft stiwanda North Spocific Plan until these inconaieteneiee nra addreaeod and resolved. Caryn would be pleased to meat with the Cammieaion.or the Stafi to flieCl166 these concerns. varyft~r~u~l~y yoryurs, 6 ~j reh M. Rosenthal ONR:reb CR\LTA\plnlroen, nr ec: Suporviaor son Hikele xr. mimothy z. Johnson Mr. Joseph N. DiIOrio Nr. Chris F. Pniile Ralph D. Henson, Eaq. Paul t. Nordy, Esq. HAMILTON I.c .~AI•III$7.8 .auL N. nAmlvoN +eoo m.cAOTnu" cDUUwno. [ulTC avoo Tnc.N ON[I wlal {u•aaeo manse nr N. anmucLS IcEN1'OaT 98aCY, C11SfOeNi.[ ¢¢060 YAe [Im ILC: Inv ne~a Flo n Mn[V J. LCC 'ltum L. ['[[L _ JkYY n[T [, OnlDln w. OnCkH A DV9 YiL[ NVNk[n ".\: P M n. NA{Vn CX WILYF[D O, MN OTTN{nJ• ocaonwm m, no[cNTmA'. 0300$.021 nAnln :. •oncyAnD DiOambar 31, 1991 T[- m. nw ee:. m Aan a. aDAma m A11[ a. N N[6 JGVI.TM IN p C { CTNTmI• R. M.4 CR [oIN L. nnc of;on Mayor Dennis Stout and Members of the city Council of the City of Rancho Cucamonga 10500 Civic Canter Drive P,O. Sox 807 Rancho Cucamonga, CA 91729 Re: Acknowladcement of Plan inconsietenav Dear Mayor Stout and Members of the City Council: on behalf of our client, the Caryn Co., we look forwnrd to settlement of the litigation brought by the City of Rancho Cucamonga ("City") against the University/Croat Project ("Project"). Although we nrs convinced that the Yrojact approvnls ware properly granted, it ie obviously in the bast interacts of all to zecolva this matter now. The Caryn Co. has nlraady bean substantially harmed by both the legal and financial costa and the six month delay, end continued Sitigation would only compound its damages. Although it has agreed to settlement of this litigation for the reasons set forth above, the Carppn Co. is deeply troubled by the conflict between the approved UnivaraityJCreat Project anfl the City's draft Etiwanda North 6pecific Plan, ae well as other plena approved or under consideration by the City. The Caxyn Co. would not want its execution of the settlement agreement to ba construed Sn any way ns eeoaptance oP the City's plans for the University/Crest Project or agreement that the inconeistanciea ere minor or otherwise harmless. In fee, the Caryn Co, objects strenuously to adoption oP the draft Etiwanda North Specific Plan as it applies to the University/Crest Project end believes that the draft Plan suffers from numerous legal end factual deficiencies. Ths Caryn co. has already detailed many of its objections to the propoeefl Etiwanda North Specific Plan. Without repeating these objections here, Caryn wants to avoid any possible miaund6rstending about the etfect of th• proposed settlement. It is Caryn's understanding that nothing in the settlement agreement Mayor Dennis Btout and Members of the City December 71, 1991 Page 2 conetitutas concurrence by 'the County of Ben Barnerdino oY any of " the real parties in interest with any City pins applicable to the Project, agreement to cooperate in the adoption or implementation of any such plan or ncceptanca of any lnconsiatencies betwear. the Dnivaxrity/Crest Project and its implemantirig approvals and the draft Etiwanda Nerth Spooitic Plan or snYy other auoh C1ty plan. it is on the bnsie of this undaratandlnq that the Cnryn Co. will join. in the settlement agreement. The Ceryn Co. hopes that settlement of this litigation will allow n luller and more productive working relationship among the parties in the Luture. It would be Caryn~a preiaranca to cooperate with th• City in developing plans which are consistent with the L'niveralty/crest Project and appiienble statutoryy requirements. NoweveY, until such oooparntion onn be schiaved, it is important that agreement on settlement o! the litigatipn ba clearly distinguished Lrom sgreameht on other plnnninq issues. Very truly yours, Deborah M. Roaenthni DMR:rab DR\U!\IKarpln.~c oo: supervisor ,Ion Mikeio Mr. Joseph N. D1Iorio Mr. Chris F. Pnul^ Nr. Roger Samuelson Ma. Batty MoNay Mr. David valentine LAND•PLAIV DESIGN GROUP nvnmv.~l.,nloh' Arct„pvv October 7, 1991 Chairman Iarry McNiel & Members of the Planning Commission CN Mr. Bred Buller, City Planner CITY OF RANCHO CL'CAMONGA 10500 Civic Center Drive P. O. Boz 807 Rancho Cucamonga, CA 91 i29 RE: Response to Ciq' Eeiwanda Nonh Draft Speci(lc Plan & (Drefq Final EIR Dear Chairman McNiel: R~'C~NED. ~O`C~i~-9 199W1 '^_i ~-+ Io6 iv'a.: NES 876.6 The Cary'n Company, university of California, and Etiwanda Highlands LTD, continue to believe it is inappropriate to act on this prcjer while the City and owners of the University Crest project, which is located within the boundaries of Eeiwanda Nonh, remain engaged in good faith senlement negotiations on the City's CEQA lawsuit. For reasons stated pttviously in our letter of August 14, 1991, we again urge the Planning Commission defe[ nny further consideration of the Etiwanda Nonh Specific Plan until alter the mandate hearing in the Cit)/s lawsuit or until negotiations have been terminated, whichever is latter of the two, Please refer to our earlier Letter on the draft Specific Plen and EIR dared Lune 26, 1991. In this lever we commenced on several signi0cant items which should have been responded to by City staff and the City EIR consultant. As we ttvicwed the draft Final EIR including the Response to Comments, we found the majority of our concerns had not been adequately responded to. Inmost cases, ahhough answers were given, they wart either partial answers o[ not at ell applirahle to the identified concern. We therefore find the Final EIR still Inadquate end are resubmitting eurearlier letter in hope that we can anticipate a proper response from staff. In addition, aye'request clarification of the City's current position with respect to park requirements, :it appears the Plan is still requldng 5 acres of improved park per 1000 population. Rlrat remains unclear In the revision of the documents is whether a portion of the 5 acJ1000 pop. `is ~tillowed to be encumbered park. We would appreciate any assistance staff can give ue in understanding more precisely the parks pmpoaals citywide and of Eeiwanda Nonh. W'e appreciate the opportunity to comment and reserve the right to do so again at a later date Very truly you , ~~~~~ AmtaTttvinoMc eat cc: Joc Dilorio Ikborelt Rosenthol con chron "•.^°,••,`•• x;71,1 iy,v, P•nr tl,x~; A '.„erg; G,ed.v;na fl.^FNJ . ;...n u)7.a BPD FA% P~J1 K7?~."J:~ LAND•PLAP~! DESIGI`1 GROUP .,,~,~~,.~,~a,.t~,~Mnn~,,,.~,,.~ June 2G, 1991 M:. Larry Henderson, Senior Planner CITY OF I2ANCH0 CCICAMONGA 10500 Civic Center Drive P O Box 807 Rancho Cucamonga, CA 91729 RE: Response to City Ftiwanda North Spcci is Plan/FIR Drar Larzy ~':=>'r~ ,.~ ,, l: ~~~~~~ Job No.: NES 876.5 As you arc aware, Land Plan Design Group is preparing the Ltiwanda North Specific Plan within the County o(San Bernardino. The comtucnts that follow are prepared from our perspective as land planners familiar with (hc area. They arc intended to be pro fcssional observations, not politics; statements. The LiR has admirable goals but is inaccurate in many of its statements, particularly as related to land use, biological resources, parks and open space uses. It also dots not address fiscal impacts which, when completed, could prove that t'ne proposed development would be fiscally unsound and unworkable. ' The City is currently revising its General Ylan for this Specific Plan. The revisions to the Geneml Plan must justify the proposed changes as well as the financial etTects of the change. The City has indicated ;t wou!d like !o annex the property. As you are zwere z majority of landowners within Ltiwanda North must vote in favor of an annezation in order fer dre annexation to occur. The City Staff report, which became available only last week includes many proposed changes to the draft Specific Flnn. Changes to land use designations within multiple ownerships, among other important areas of lire plan arc being recommended. If the City is desirous of an annexation, it would be appropriate to permit adequate time for the landowncrsivolers to become involved in a discussion of these changes. The rommenLS that follow h;rve been organized in the same fannat.u Table I - I, page I - 5 of the sumraary text within the FIR. LAND USG The proposed plan would allow for the development of 3G 13 dwelling units on 6814 acres. This converts to an ovcmll gross density of approximately one-half dwelling unit per acre, by far the • ... r~. , ~ , n„ ~, ... x~,,, n ,... „~ ,'.i ~. ,~ ~,~., g4a;p ~~ ; rn IP,P i ;ur rnx i! LI'i n9^~9o.^,`• Mr. La-r_~Hcndcrson Jab No.: NHS 876.5 June 26, i99I Pagc 2 lowest density of a~ )arge project currently approved or under consideration by (he City. Fven with this low density, the EIR proposes preservation aneVor acquisition o(41 12 ac; es or Heady 60°io ottee total !and area within the project boundaries. \Vhilc it is a laudable goal le by to obtain and preserve open space far the Ci!y, it cannot be accomplished without sonic mechanism for public acquisition of the large parcels of privately owned propcny within the prescrvatior, areas. II cannot be accomplished simply through the imposition of conditions of approval which require mitigation far in excess of the impacs o(devclopmcnt. Preservation of Oocn Soacc_ Tate EIR attempts to justify the proposed "preservation" of 4 i ]2 acres of land on two grounds: (I) as mitigation for the claimed loss of "open space" and (2) as mitigation for thn "dcplc;ion of regional wiidli (c and habitats." Neither of these two asscricd itnpaets justi tics the proposed requirement that nearly 60% of the rotal land area ir, the Specific Plan be preserved. First, the EIR erroneously classifies all oC (he undeveloped property within the SpeciLc Plan as "open space," despite its designation as residential on the Cit}~s Gcneml Plan. Under Scetion G5560 of the California Government Coda "open space land" is defined cxclusivcly as an unimproved parcel which is "devoted to an open-space use as defined in this section, and which is designated on a local, regional or state open-space plan" as open space (or one of four limited purposes. In this case, the City and County General Plans have both shown most of the propcny within the Specific plan as suitable ar.d intended for residential development (or more than IO years. It is improper to iderti fy the entire area as an "existing open space land use" for the purpose of evaluating project impacts. Second, dre EIR both overstates the impacts of the residential development and proposes to require grossly excessive mitigations. For instancq the EiR states than it is necessary to "preserve in perpetuity 4I l2 acres in Day Creek and San Sevaine" as mitigation for development of the residential areas. The EIR Curtltcr stales that "development regulations that preclude development in San Sevaine, Etiwanda and Day Creek, and other open space areas shall be adopted." As noted above, the bulk of the proposed residential development will not occur in areas which meet the statutory definition of "open space land." Further, there is no factual basis for requiring the developer of land designated a-s residential to acquire or otherwise provide for the "perpetual" preservation of more than 1-t/2 times the area proposed to be developed. This requirement is obviously nothing more than a predetermined "toll" whicb s City intends to impost on future residential development, regardless of the actual environmental impact or any "nexus" to the proposed condition of approval. In addition, the City fails to identify the "other open space ercas" which arc proposed for preservation or to consider an equitable financing mechanism for acquisition of privately owned property such as San Sevaine Crock or those portions e(Day and Etiwaada Cre^,ks which the San Bernardino County flood Control District may deem eligible for development. jiillside Residential land Usc: The Specific Plan idcmi~ics a combination Ililisidc Residential - IiR (up to 2 dwelling units per acre) and liillsidr, Residential Estate - LIRE (up !o I dwelling unit per acre) land uses above the LAD\VP righbof-way corridor. The currem City Staff report rocommends that the F[R land uses be changed to IIR@ uses cast of Etiwanda Crock, stating this is "closer to the designation of the County General Plan." Mr. Larry Henderson lob No.: NES 876.5 Lune 26, 1991 Page 3 It is reasonable to consider an allowance of 1 dwelling unit per rg oss Here Cor these areas. however, it is incorrect to state l`nat this is "closer to the ... County Genem! Pian." The County Gcncml Plan permits I unit per acre ever the entire site, the Cily proposal is based upon "net buildable acres" and would genctally reduce the aliowable dwellings Car below the County, by $0`Yo or morc- If the revised designation by staff is accepted and densities are further reduced, will the City revise the EIR and various technical sludie_ and mitigations to reflect reductions in tmffir, and other related impacts both on and off-site? Dccelomnents Wcst of Dav Creek Wash Levee: The staC( reoort recommends elimination of residential use west of the Day Creek Icvec. Should this ebange occur, a reduction of 244 dwelling units would result to the Specific Plan and in-rum a reduction in tm(fic and other related impacts on and off-site. This would impact the mitigations proposed throughout the Speci0c Plan and EIR. These corrections should be made prior to City Council review and approval. • Hillside Develonment Ordinance: In previous correspondence we bave identified internal conflicts within the City of Rancho Cucamonga Hillside Development Ordinance which render it incapable of being properly implemented. The proposed land Use mitigation which incorporates the Hillside Development Ordinance is therefore subject to this objection. Quimhv Act Rcauircments: The project will be "required" to provide a total of 62 acres of pack land or 5 acres pee 1000 population. The City currently requires 3 acres of park per 1000 residents in accordance with the Quimby Act. City StaF(has proposed a "reraiculated" requitement of 4.69 acres per 1000 population based on a "new" City study. We have received no documentation in suppon of the higher requirement, despite numerous requests. City Staff has also failed to indiate whether the higher rcquircmem will be adopted by the City Council as a City-wide requirement. Also, if the total dwelling units is reduced based on staffs recommendations on the Hillside areas and areas west o(Day Creek Icvec, the rota! park acres rcquircment should be revised. COMMF:RCiAL LAND USE LOCATTONS: With regard to the Cit}~s location of commercial uses at the intersection o(Routc 30 and Day Creek Elvd., the City has pceviwsly rejected a s;milar propcsal at Miilikcn Avenue and Route 30. On the grounds of access from Milliken and ineonsist~ncy with the City Gcncml Plar.. This proposal would apprar to have mvey o(thc same problems. Also, the proposed location of the commercial areas along the freeway instead o(inlemal to the community seems to go against a City policy ofcreating "Hubs" at major city intersections. The location of she comme; cial silt at Summ~Vf3anyan, across from the park and school sites sccros to be more consistent witlr the liub concept. This Piub site also would rcducc, rather than cocoa rage, traffic through Viniagc Drive within the Vintage highlands communigt A second commercial siic is shown on Wilson Avenue, along Wardman Bullock Road (on Elood Control District Property). This location sccros to be in conflict with Cily Policy for minimum spacing between cmmnercial centers as noted in the Eliwanda Specific Plan (Section 3.52 and 3.53. !00). 'fhe Eliwanda Specific Plan currently identifies a commercial siic only one half mile from this site. Mr. Larry Henderson Job No.: NES 876.5 June 26, 1991 Page 4 + EOUESTRiAN OVERLAY DISTRICT: Eaucstrian issues: The land use section also indicates the project falls within the City s equestrian overlay district. The mitigation (or lots less that 20,000 square feel requires landowners/dcvclopers eonlributr. to "a minimum 25 acre equestrian site and equestrian boarding facilities". It is our understanding that the equestrian overlay district is identified within current City boundaries and does not extend to the project area. Ilowcvcr, even iC :hc overlay area dirt cover the project area, it would be inequitable to require this project alone participate in the 25 acre Facility. Ocher areas such as the Etiwanda SpcciCtc Plan soutl; of the project have equestrian overlay designations with lots less than 20,000 square feet, yet arc not required to conlribme to this (ncility. If the City is requiring a 25 acct equestrian facility, it must prepare an cyuitablc solution City-wide. BIOLOGICAL RESOURCES In addition to the general requirement that 4112 acres of the Specific Plan be preserved "in perpetuity," the EIR specifically identifies approximately 2972 acres ofmitigation which must be provided by chc "applicants for development" The following is a summary of mitigation and associated acres that arc required to be fulfilled by the "applicants Cor development". REQUIRED [TEM ACRES 1 . ..."Preserve mountainous open space within the San Bernardino 915 National Forest (includes 365 acres in upper Day Creek and 239 acres ir. upper Pliwanda Glnyon." 2. ..:'Preserve the steep slopes, chapartal, riparian corridors, and +750' wildlife habitat in tlu hillsides adjoicing the National Forest". (•The total acres arc not idcntificd in the EIR, our estimate is +750 acres) 3. ..."Preserve 191 acres o(Natuml Opcn Space, riparian corridors, 191 and wildlife habitat within S.in Scvainc Wash". 4. ..."Preserve 270 acres of Naluml Open Sp~cc, riparian corridors, 270 and wildlife habimt within Etiwanda Wash, north of Wilson". 5. ..."Preserve NaW ml Opcn Space, walnut wcodland, riparian +6 corridors and wildlife habitat below Wilson (! 00' width minimum) to facilitate the movement o(small mammals. (Note: This is an o(f- sitc rcquircmcnQ". Mc Iarry Plcndcrson Sob No.: NES 876.5 Lune 26, 1991 Pagc 5 6. :'Prccrvc 700 acres o(natuml open space and wildlife habitat in 700 Day Crcck Wash and spreading grounds, including the 200 acres set aside as a mitigafio;t aeon Cor the Day Creek Water Prajeei'. 7. ..."Retain I40 acres of riparian habitat az undeveloped and shall 140. restore 3 acres oC riparian habitat on the sift. Total Acres 2,972 The EIR attempts to justify this large amount oC mitigation by claiming that the project will (a) remote 2500 acres of "natural open space," diminish on-site wildlife density and diversity, fragment the remaining habitats and intcrnrpt wildlife habitats on the project site; (b) remove approximately 1900 acres of alluvial Can scrub in Etiwanda, Day Creek and San Sevaine flood plains; and (c) cause the loss of 3 acres o(ripatian woodland. All oRhese impacts are overstated in the EIR and the prcposcd mitigation (ar exceeds any "nexus-based" requirements. "Natural 0 cp n Soacc" Rcmoyal: As noted above, the Etiwanda North Development does not meet the statutory definition of "open space land" and is not so idcntificd on the City or County General Plans. It is scl(-evident that all first-time development converts undeveloped land to a developed condition. This dots not constitute a"loss of open space" when it is consistent with toe City's existing Gcncml Plan. We also note that the City has ncve; previously required mitigation from any other project on the bazis of open space displacement. Is the City intending to require mitigation of all land com•crtcd from undeveloped to dcvdoped condition City-wide? ,Alluvial ran Scn~b: It is erroneous to mtribute the loss o(i 900 acres of alluvial fan scrub to this project. Signi Cmant losses oC alluvial fan scmb within the Etiwanda North Specific Plan are demonstrably the result of the Day Crcck Water Project ,which has already mitigated for all habitat losses within the Day Crcck Watershed of approximately 2500 acres within the project boundaries. This mitigation was found to be adequate through the CEQA review process for the entire Day Creek System. Similar to Day Crcck, the Etiwanda Crock project is responsible for most of the remaining impacts on alluvial fan scrub habitat due to its conecntmtion of (food (lows away from areas previously subject to flooding and into levees and channels. Even without the Etiwanda North Specific Plnn, impacts on the improvements are required to protect existing housing within downstream flood areas within the City of Rancho Cucamonga. II is unlawful to require new development to mitigate for impacts caused by a flood control program largely designed to protect existing residents. RIPARIAN WOODLAND The EiR lists a total of 3 acres of impacted riparian habitat. It nonetheless proposes that the applicants bosh restore the impacted acres and "rdain I40 acres of riparian habitat." If the habinii is restored, (here is no possible justification for requiring a permanent set-aside of an area nearly 50 times az large for additional "mitigation." Mc terry hlcndcrson lob No.: NES 87G.S iunc 25, 1991 Pagc G TR.A iTiC/CiRCCLATiON The City.TmCfic bfodcl has been a useful tool to evaluate the City-wide traffic needs and mitiga(ions. It should be noted the impacts created by Etiwanda North contribute a small finetion of the off-si:c impacts to the City circulation system. The statement that "implementation of mitigation measures would mitigate project-specitlc and the project's contribution to tm(fic impacts to a Ievd less than significant except al Day Cmck/Baselinc, Millikcn/Poothill, Rochester/Foolhill and Day Crcck/Foothill", should be clacificd to indicate that the Etiwanda North incremental addition to the total tm~c of each intersection is generally 2% to?%. If the City reduces the total projec; dwelling units as recommended in the Staff report this number would be less. A!R OUALiTY The mitigation stales that "future applicants for development shall establish a Transportation Management Association (TMA) to coo rdinatc and implement a transportation management program to reduce employee vehicle trips'. The controlling entity for this effort in the County is SANI3AG. Does this condition match this controlling agency's requirements? Another condition requires residential units "net be constmemd within 600 Ceet of the operations of the Day Creek Sand & Gmvcl Mine..." The Gravel Mine is not shown in the Ciry land use plan and has not bern discussed elsewhere in the EIR - i.e., traffic section, etc. How is this issue being addressed throughout the EIR? NOISE The mitigation measures for proposed projects seems highly unusual compared to standards appiicd to carrent and proposed City projects. For example, the mitigation measure requires perimeter walls varying 1h0' to 178' feet from the centerline of Wilson Avcnuc between Milliken and Cherry Avcnuc. In cfCccl, this creates a right-of-way area of 280' to 356', about 4 times the standard 80' to 100' right-of-way? is the City planning this wme approach City-wide? SO1,iD WASTE As mitigation (or impels on solid waste, the L•IR states that "the applicants for development shall implement a separation and recycling program to decrease the amount of potential generation of solid waste." It might be appropriate to require all new development, including the Etiwanda North Specific Plan, to pnrti ciPa ~e through Cunding and possible one-time construction requirements, in n ~bliG waslcseparalion :md recycling progmm. ft is wholly inappropriate to require a group of individual private prcpe rty owners to establish, at their own expense, a solid waste reduction program without any assurances that the Cify will cooperme or even make it possible to implement. W'ithaut the pa«icipation o(the City and other proj cots, it would be impossible for the Etiwanda North Specific Plan to lake advanmge of the economics of style available to a public solid waste management program or to ensure the c(fectiveness of the progmm. Mr. Isrry Hcndcrson lob No.: NES 876.5 7unc 2G, I991 Pagc 7 I appreciate the opportunity to comment on the project. Plcasc ~ccl Gcc to call should I be able to answer any questions you may have. Very truly yours. less Hams Principal JII:Iw u: Ioe DiIoio corn chron Atlrl 1, 1992 Mayor Uennis Stout and Mrnlbers of the Qty oC Rancho Cucamonga Ciry Council :0500 Ca: is Center Urve P.O. Hox 907 Rancho Cucamonga. CA 91729 }?r. brad Buller City Flanner City c( Rancho Cucamonga 10500 Civic Center Urive P.O. Box 907 Rancho Cucamonga. CA 91729 Uear Mayor Stout. Councilmembers and Mr. Buller, Landmark [and Conpany of Calffomia. Inc. herewith states its strong objecticn to being inrh~drd within the planning area of the ELiwanda North Specific Plan (ENSPI. The ENSP ::as attached as one of its stated objrclives prezmting as a prerequisite of annexation of the area. .4crordingly, Landmark Land Company objects to any Inclusion, or reference to its property being a part of an area being considered for annexation to the, city. Previous written and oral transmittals to the City of Rancho Cucamonga, its staff and advisory commissions has provided detailed discussions oC [he components of the Etiwanda North SpeGfir Plan and associated environmental documents and protects. We hereby incor}tora'c these previous romments into the record prior to action by the Rancho C-iramonga Cih' Cou ncii. IJrspile Ihrsr written rnmments. inarruracies in written statements and thustrztive materials {;rrsis~. Once again, wr are rnmpelled to provide comments on these inaccuracies as well as the citys decision to keep its application (or annexation aclh~e. 'fhr• staff repen, as prepared for the r_i(y Councih states on page 3 That one of the purposes of the ESSP is to pre-mnr the area as apre-requisite of annexation, However, bath written and oral comments made by city slat( indicate a strotlg property owner objection to annexation In Ihr rily. Written correspondence from James Roddy, Executive Officer of the San Hernarrlino Cmm(y Local Agenty ~ormalfon Commission, dated August 14, 1991, strcngly rrconvnends that Ihr, citys apphcaUOn be w(thdrawn. The city's rrfe~ance to pre Toning as '1 pre-requisite to attnexatton is misleading and inappropriate given the strong opposition expressed by this and other property owners wthin the ooundaries of the city's' proposed [SNSP area. Pervious correspmlcfenocs from us have pofnled out inaccu racirs in the exhibits contamed within the F;NSP. The rdy's response to the comments were that 'reproduction problems made annexation areas poorly distinguished from sphere areas." Nevertheless, whtle the Ctly Cowtcll considers the approval of this plan, and alter approval by Ihr Rancho Cucamonga Planning Commission, the exhibits in question have not been antendrd. We can only assume that the city's collective decision making bodies are aware of the true boundaries of the city's existing sphere areas and have not relied on the exhibits L4NbMAAK UND COMRANY OF CALIFORNIA, NC, DO tU~ 645, Cahmesa. Ca!ibmia 9e340 714~795~9941 City of Rancho Cucamonga Ciry Council April 1. 1992 Page. 2 which have been prepared for such purposes. We are once again compelled to point out that a considerable area oC the property owned by Landmark Land Company, Inc., is not within the sphere of inquence o(the Cltv of Rancho Cucazno We strongly object to ft being referenced as surh and oppose efforts to annex the property into the Citys sphere m the hrture. The City is rcdesfgnatmg our property and [ha[ portion of our property not within the sphere-ot-influence o(the City, yet depicted as In the sphere-of-Influence, as (RC) or resource conservation arealopen space. This classification is radically different than the htstortcal designations for residential devebpment as provided by the C1ty and the County of San Bernardino. The radical redesignatfon of our property described above has taken place despite the tact that no Resource Management Plan has been created. nor has any work directed towards analysing [he feasibility of acquiring the land been descnbed. It is hard to imagine the benefit the public will enjoy by designating private lands as open space when access to such land has not been discussed or acquisition of the land been explored as to its financial frastbflity. The City stag, when responding to public comments received at the Planning Commission Reartngs of February 26, 199`l, conffnns that neliher a Resoume Management Plan or a study on determining the feasibility of acqutrlrtg the land in private ownership north of the utility corridor has been Completed. We note that approval of the compn:hensive ENSP documents has been forwarded by the city stall for approval by the planning commission and subsequently to the city council for their consideration without eompletfon or consideration of either oC these studies which tie dtrectly to the rationality of such signiticant land use considerations. landmark [and Company enters Its objection to the lnduslon of its property Into the Ctty of Rancho Cucamonga's ENSP and asks that [he Clty Council direct ilc stair to reconsider the designation oC hs property as Open Space. Landmark Land Company also requests Lhal the Rancho Cucamonga City Council withhold 'approval of [he ENSP and revisit fhe plan after consideration of the appropriate studies pertaining to Resource Conservation and Private rand Aequisillon. Sincerely. / Richard P. Douglass. AiCP Planning Manager Landmark Land Company of California, Inc. y ,., ,, ai _~ s:as it~i! A UUWgNIA-Tla g610MLL AOlNC! ~lil WIISON, mew.mo, DEPARTMENT OF FISH AND GAME 330 Golden chose, Suite s0 Longq Beach, G 90802 13t0) 590-5173 °-, - )•.,~a + - ..:Y April 1, 1992 F,~~ 0~1~ city Couneii s(8191IDIUI~(1(2!3(4(56 City of Rancho CuGmonga , P.D. aox 807 Rancho Cucamonga, CA 91729 Dees Cow~cil Members: EtiNande North Specific Dian final Znvironmental impact Report, 8CH8912314 The Department of lieh end Game fDepertment) has reviewed the draft final EZR for the Etiwands North 8pecitie Plan. The projeek i^ a general plea amendment and prezoninq of approximately 6,B{0 acres prior to annexation of territory in the Rancho Cucamonga Sphere of Znfluenee. The Plan Brea provide. 3,613 single-family dwellSnq units on 2,{73 acre of vacant land, 28 acres of neighborhood commercial uu, { echooL, 5 parka, an aqueatrian center and preservatlon of 4,112 acres of open space ganarallq located north of Highland rvsnue, south of the San &ernsrdino National saresk, went of the City of lontana, and east of NSllikan Avc^,ue, Approximately one half of the area is a gently-sloping alluvial tan which includes Day Creek Naah, Etiwanda Creek Nash, and Ban 8waine Naah areas, supporting Eiwrsidean alluvial !an Sage Scrub end rippaarrian wgetntion. The Alluvial ran Sage scrub habitat was once widely distributed along the southern outwashp at the aan Gabriel and Ban Eernardino mountains, but hn^ now become confined to remnant patches along unaltered etzeams and outwa^hes, ae residential and flood control projects have elSminated it from most of its former range, The Department o! Dish and Omme recognizes that planning for the Btivanda North area ie a complex ahallange, and we commend the City of Rancho Cucamonga'e effort to addrw a wide range oL lend uses including designation of open epau reserves. Nowwer, the D!G ie still concerned about the foes of habitat values that will result from urbanization under aeenirloua outlined in the planning documents and the lack o! commitment by the City for preservatior. of alluvial fan sage scsvb habitat. Our conwrne about specific mitigatiw~ measures put forth in this QOCUment are ae LOllovs: Mitigation mNSUre N12 states that Mtiw "bramble' vegetation would be used to restrict ~lic access into wildlife preservation areas. There ie no native "bramble" n this type of pSani eomaunity. Eramble vegetation is likely to sSther not grow at all dW t0 gravelly, dry coil coMlitiona, or it may become inwaiw and spread. The epringa and bog uaa are particularly vulnerable tb belnq taken over by invasive plants, and thin moat be avoided. Lxurel comae ($by~ ~a~na) would b• a more appropriate local native which currently grows one ti e~ an wargreen, and grows fairly rapidly, E_^ccharia could also be interplanted with laurel sumac. Mitigation Measure N16 needs to indicate that spplicanta shall obtain agreements with the Department under fish and Game Cade 1600 for p}1 •treaao and not just those designated as waters of the United 9tstes. a'r.+ di '92 -5~E9 City Council Ci tp et Aancho Cucamonga .. April 1, 1997 Page Toro a EaeaWS Rivaraidsan Alluvial Fan Bags scrub Conetitutaa s Signiticent Natural Community and hsa Docome one of the rarest habitat^ in the state, the Dmpartsent still contends that compensation for lose of this habitat should reflect a replacement ratio of 7:1 for Snkind habitat, end not the t:t ratio identified in mitigation Meaaura N20. The Dapartmant requests Lhat thin meaeura'• language ba deleted which asye that our previous secommendatlone Eor praaarvation of saga scrub habitat was for that habitat "which can feasibly be retained". Thi• atateeent is in error. Mitigation project eras Por The Daoartmant ei X21 would require resurveying d epacio prior to the isew at the final EIR and the :3a ha document do not edaquatel uea in relation to eansitiv ,formation makes St iamouibl a portion of ca of gradin EIR include apwial emphaal6 O11 anViiOnmenta unique to flu region. Tha Department i^ con being cocxluctad just prior to grading permit Department's visor thin is too late !or !dent acquiring mite specific mitigation measures. recommends the Lolloainq changes bm made to individwl psojact proponant^ be rppuuirad to detailed biological survey inlorsatlon 1a ob threatened and endangered sppeaccies xithin the to contributing to surveys !or the entire al by the atiwutda North 9peoific P141~ In our letter to you of Jana 76, 1991 on the Draft EIA for thin pro act, the Department recoamanded pzeaarvation of Da Creak Naah, Ben 9avaiM Neah and Etiwanda Creek Nuh drainage, end those alluvial !an aage scrub lends north o! the uti:ity corridor. Hoxever, mitigation sassura N30 in the docusant only indicates that a study should ha undertaken. Tha Department's poi icy ie that studies are not cOMidKad mitigation for the adverse environmental impacts of a project, Rather, in this wsa, a commitment by the City to preserve habitat north o! tlw utility corridor would M acceptable ae mitigation for thin plan. eased upon the Dapartmani's conwsne about this plan, as previow ly stated in thi^ latter, xa have no choice but to racomand agairut the adoption and cartiticstion cf this docummnt by the City of Aandho Cucamonga. However, there currently exists an opportunity Lor reaolutlon of these issues. Governor Nilson recently signed into law the Natural Comrunl ty Conaarvation planning (NCCP) Act o! 1991 xhich pzOmdtas the voluntary cooperation of state, federal, and local agencies and juriadictiona and eulvart viabl~~s Sn preserving natural area that era largm enough to ppo populat ons o! thm states flora and fauna whiU allowing for appropriate economic development. The state has elected the coastal sage scrub plant and animal community of southern G11lornia !or a first attempt to implement th1• law, Tha Conservation planningy Aisa for thin effort includes northern ban earnardino Co'~ntp and apecltloally those area that still contain alluvial fan sage scrub, including Aancho Cucamonga. s and animals. 'sus and mitigate ad. The requires flat an era rare Or ogiGl surveys In the impacts and for ion measure N71; that b focused EIA'• in xhiah for all sensitive and acts footprint es wall ea fan sage scrub area covered i, 01 ',J 15:18 0.1 City Counall City O! Ranaho Cucaeonga April i, 1991 Dage Tlii'N Your city, along with nnMroW other local ittrisdictlona, hie reoanlly received a letter and an enrolimertt fore frw the Btate of Celi[ornia, Resources Agency that asked you to participate in this tiCCp progrw. The Deparkmsnt of rich and Game uks that you seriowly consider this invitation u a aechanlam to work oooperativaly pith ua, the U. S. !!ah and Nildlite Service and your neighboring 77uriadictions, developers and conservation interests to addrNa and hopelui ly resolve alluvial !an sage scrub protection isewa on abroad scale. Thank you for this opportunitthyetooppcooemenk on this len. The Department oRaach Cucamonga and otheraato resolve thueuiesuu~ ~Qwatitonmtatauttthia letter and further eoordlnation oct theas issues should b directed to Clenn slaok, Ratursl xeri Gqe Supervisor et (3S0I 590-{807. B~i~n~c~er/e/ly,~ ~~lre6 Nortblmya~~~~E~ Regional Maaager Region S ec: Mr. John Ranlon, USlIBB-Carlsbad Ma. Leona Klippatein, Slot aernarestw seq. mends _.'s ,'~ . .~ vAV', ~; ;r F.cci.ER 'oar-'; i?, 1?92 ?te-,Bars of the City Cou.^.ci: ~,1t": pi ~anC~l r_) .~,^C3^..On Pa P.O~. 3ox 30' Rancho C~,ica:conga, Ca 91%29 r.l,. r - .': J'~ ~M y, r,a;sr:~;H~l^~:121x,4 ,: f~ Re: >t° ;lie ._. Sa Sernard.'_nn Sage Fr+ands ..____.. i.oss of Coastal Sage Scrub Habitat Honora'a1e Members of the City Council: _ reorese:a ,San Ber :ardino Sage Priends, an as:;oc iati.on or3.:n ited to protect the re~. ;a:niog coastal sage scrub habitat '_n San 'serna rdino county, i am writing to ynu to _~., you to take immed_a CZ and =_ffe=t'_v= action to protect t'~a .remaining coastal sage sc n::; habitat ~n your jurisdict io^,. As ~aou may know, the federal Endangered Spr_c ies .4ct requires lor.al govern:rent agencies to have a "Habitat Conservation ?lar." ("HCY"; that is comprehensive •ai Cn the agency's general nlar,. It is my client's understanding that your agency has no Habitat Conservation Plan, San Bernardino Sage eriends 'rereby requests that you place an interim control ordinance on all coastal sage scrub lzauit:at. in your jurisdiction until a compr_hens ive Habitat fonservat ion Plan has been established, If you fail to adopt such an interim control ordinance, the loss of habitat through the taking of coastal sage scrub by weal abatement, grading and other activities, will impact several species protected by both the federal and California Endangered Species acts. i4y client would also like to Lake this opportunity t~) encourage your agency to become an active participant i.n the State Resources Agency "Natural Communities Conservation filar," r)n coastal sage scrub hahitaC. ?roperties affected can be en roi led through this .program, In ron;~rir. r. l.on, please see ,the provis t~)ns of the rer_ently effect ive v9 '1??, 4s you may know, t~)e ,...'. ifornia 3na tcatcher "Po liop~rt i.:. + ITEM 1 Califo rnica CaliEornica" is pending endangered species sta~;is. Bo t':: Feder?1 and state listing proceedings are underway. The gaatcztcner `,as a long history of residence in San iSa rnardz^.o County, A recent ;fighting in the spring of 1991 :azs by Doug 'dillic k, of the San Bernardino ;Natural History ?fuseum, in tie conf'uence of Lyt'.e Creek and Cajon ?ass. According to a letter of 'September 21, 1991 by Cindy L. Os:.a1d from the U.S. Forest Service, San Bernardino National Forest, to the U,S, .4rmv Corps of. Engineers, ,.California ~n?tcatchers are carne nt'_y be ;ng considered by the US FSJS for :. is ling as .~n en dange ra,i species. The species was found in 1991 near tl:e confluence of Cajon vash and Lytle Creek in sim iiar :zbitats; a survey for the enatcatcher in the project area is rec crmnended-"I F.mnhas;< _,.nnt;~,~ Kv clien*_s request that the County of San Bernardino comply ~-ith the U.S. Forestr+ recosendation and survey the regions of L-.~t le Creek westward to the Los Angeles County line, along the a L'',:vial Ean of the San Be rta rdino and San Gabriel mountain ranges. Immediate and argent attention. is also requested Eor the area of the San Seva in '.:ash, :nest to Deer Creek. '4y clients maintain that the above region has never been the suSject of an accurate biological survey, Nearly all extant b fie logical datz aas c.~llected after the October. 1971 and ep b=~aber 1988 fires zr,d a ^. o~.o inaccurate, As a revie~o of planning actions in the aria will indicate, this area is su'oject to ~te velooment and requires im^ediate protection. Significant biological co~mnunities are now flourishing but are in a critical StatiA.S. 'iy clients also request that your agency adhere to the survey guidelines set out in the State of California Natural Cn^munities Conservation Planning guidelines, The guidelines may be obtained and should be implemented by an appropriate review panel, in that regard, AB 2].71 addresses this issue and requires local agencies to comply. The State Resources Agency Plan Scientific Review Panel has also included San Bernardino County in it's maQping of cons t.al sage scrub communities (see SRP, Dr, .John 0 Leary, Associate 2rofessor o£ Geography, San Diego State University), In addition to the California gnatcatcher, there are ;ever thirty species that are candidates for federal listing in your coastal sage scrub habitat. The only reasonable protection for these species is the adoption of an Interim Con[ro1 Ordinance until the oounty and city have a comprehensive "Habitat Conservation Plan". Failure to~ adopt an Interim Cont rnl Ordinance will lead to further less of habi[a[, species .and litigation. My cl'_ents are prepared to show that since October, 1991, when AB 2172 [ook~effect, over 719 acres of San Bernardino GotIl4ty coastal Sage Sc nib habitat have been taken by development. My clients are also prepared to show that grading in coastal sage scrub habitat occurred in the city of Rancho Cucamonga on February 21, 1992. The grading was conducted by Ahmanson Development Company in the Etiwanda area. At about the same time, another 96 acres was taken by Watt Development. And further in the city of Fontana, approximately 570 acres has been taken by the Huttters Ridge Project by First City Properties. In addition, the University Crest Project will involve the taking of another 426 acres of coastal sage scrub habitat without any mitigation for the loss of habitat. My clients hope that you understand that the only way to prevent the significant loss of habitat is to adopt an Interim Control Ordinance to protect the habitat. Additionally, my clients urge that the Caryn Company should enroll in the Natural Cornunities Conservation Planning Group to prevent further habitat loss. In conclusion, my clients request that your agency adopt an Interim Control Ordinance to protect threatened coastal sage scrub habitat, and that a Habitat Conservation Plan be adopted on an emergency basis. Additionally, a survey for potential coastal sage scrub habitat is requested. Due to the imminent destruction of habitat, my clients request your response to the foregoing requests within ten (10) working days. Thank you for your attention to these matters. Very truly yours, W. DAVID WHEELER WDW/ij T H .. I J .. ~ R i~ N C K O C U C ~~ M O ti G ~~ 4p ri1 1, 1992 Mr. W. Dd vid Wheeler 3365 Newport Boulevard, Suite 2H7 Newport Beach, CA 92663 SUBSECT: SAN BE RN ARDINU SAGE FRrENCS - COASTAL SAGE BCRUB HABITAT Dear Mr. Wheeler In response to your inquiry of March 19, 1992, we are sending you copies of our March 19, 1992, letter to Ma. Leeona Klippatein, San Bernardino Sage Friends, and our March 70, 1992, letter to Mr. tarry En g, Calrfo rn is Department of Fish and Game. (See attached.) The City Council will ho Ld a public hearing on fAe Etiwanda Notth Specific Plan (ENSP) and Environmental Impact Aeport (EIR) on April 1, 1992. Once the Specific Plan is adapted, a Resource Management Plan (RMP) can be prep azed ae an ivp le meatati on meaeu ze. The RMP would identify habitat preservation etrategieH. Please note that the EIR for the ENBP is a program EIR. Additional environmental assessment would be required prior to approval for any project within the ENSP area. Also, please note that the ENSP ie a pze- zone document and does not take effect until parce l9 aze annexed into the City. Until annexation occurs, moat of the area in the ENSP is under the jurisdiction of the County of San Bernardino. while the eederal Endangered Specific Act may require a "Habitat Conservat tor. Plan," there are no Federal endangered apeei ee Listed for habiCat within the City or the City's Sphere-oF-Influence. We recognize that the California Gnatcatcher may be listed in th< near future and that one local sighting wan reported in 1989. Nevertheless, a "Habitat Conservation PLan" ie not requited at this time. As seated Sn our letter to Mr. 7.arry En q, staff will review undeveloped land within the City to determine the probable location of Rlversz dean A lluv Sal Pan Scrub and Coastal Sage 9crvb habitat. The parce la within the City are expected en be fro gmented by exist ing development and subject to encroachment by ezlating and future development. Once staff review ie complete, a ,ie clnion will he made on whether to enroll any parce Ls in the NCCP process. Significant parcels of RAFS which can be protected for the long t?cm have been identlf ied and are located in the City's Sphere -of -Influence. +r,~,n r.,;r. +. pr~gr D^ve . n09ox M] . 9c~cM CUCOmongc CA 91]29 . (]+a)989~t 851 Mc• W David Wheel eY Coastal Sa qe Scrub Habitat , April 1, 1992 Page 2 r The aforementioned parcels are under the land use authority of ehe County Only the County or the property owners can enroll the parcels which ace '_ocated in the unincorporated area. iE you have any furtF. er questions, please contact me or Miki Hratt, F ssoci ate Pla nn ez at (?14) 9H9-?861. Sincerely, COl49UNITY DEVELOPMENT DEPARTMENT P ING DIV ISI DN ~w~~~~ Dennis L. Stout Mayor DLS: mlg At[a chmen is cc: Members of the City Councl.l Planning Commission Jack Lnm, City Manager R1.ck Gomez, Coo®unity Development DSrector Leeona K1lppetein, San Bernardino Sage Frlenda ~ _~ :v C K O March 19, 1992 Leeona Klippstein San Bernardino Sage Priends 1382 Wesley Avenue Pasadena, California 91104 SUBJECT: SAGE SCRIIB HABITAT Dear Ms. Klippstein: C UC.~ :~iOtiG.~ 1 would like to thank you and the San Bernardino Sags Friends for taking the time to discuss with the Planning Commission and staff the issues regarding the Riversidean Alluvial Fen Scrub (RAFS) habitat. Z would also like to take this opportunity to provide you with soma information that will hopefully assist you in your future work with both the City of Rancho Cucamonga and the County oP San Bernardino. The City of Rancho Cucamonga historically has desired the maximum amount of control within our Sphere-of-Influence or the unincorporated area of the County. However, the County has the only authority to control development within this unincorporated area of the County. The City's Environmental impact Report for the Etiwanda North Specific Plan identifies RAFS habitat in the City's Sphere-of -Influence. Most of the RAFS habitat within the County's unincorporated area appears to ba suitable for a RAFS habitat study. Preliminary development approvals have been granted by the County for the University/Crest sits end the Day Creek Spreading Ground area. The County has proceeded to the tentative tract approval level for the University/CZeat project, subject to V.S. Fish and Wildlife and californ:3 Department of Fish and Came permit approvals. As you are aware, there are r= unfragmanted areas oL Coastal Sage and rto largo, uniragmented, unencumberef areas of related RAFS habitat within City limits. Additionally, the County has also issued project approval for a9greg:.~ resource mining for 485 acres within Day Creak Wash. Mining permits a:~•~ pending and should be issued shortly. A required Fish and Game permit h~; been issued for the aforementioned project which permits the mining operati~_- prcvided that a wildlife corridor is maintained and that wildlife habitat restored when the mining operation is completed. For any additior+ information regarding these activities, please contact Andrew Rush, cou r.'. Mining Review Team at (714) 387-4099. MWOr DannBl $iOVi ~ COUhClmef}lbef Dlone Wlllom; 1 'Arryor Ao-i~m Wdlipm J Alexander J CouncOmemWx Pamela J W~~9" ;acx '.am, AICP. ON Manognr ~~ Councilmember Charles J 3ua~~' 'Sln^.- .. .. . -, av ~, ', o~q nc G,cam!:n.~U Cn o+In ~'. q~nao.i 95^ LETTER TO: LEEONA ELIPPSTEIN RE: SAGE SCR[7B HABITAT March 19, 1992 Page 2 To date, there era four residential project applications active ir. the County which have RAFS habitat areas. (See attached Status Report for Sphere Projects.) There is also a pending application filed by the San Bernardino County Flood Control District with the Army Corps of Engineers for facilities on Etiwanda Creek and San Sevaine Creek which have RAFS habitat areas. According to a report to the County Growth Management Taak Force on February 24, 1992, presented by Valerie Pilmer, Deputy Co-Director of Planning, the County is reviewing sensitive habitats within the County which may be suitable for preservation. The RAPS habitat in the City's Sphere-of- Influence is being considered for study. In 1990, a consortium of Etiwanda North Landowners, chaired by Hob Michelson, filed an application with the County for an Etiwanda North SpeeiPic Plan. A comprehensive study of RAFS habitat, implemented by a Resource Management Plan, was to be a key element of the County's Etiwanda North Specific Plan EIR. However, the County staff indicates that the application will be withdrawn and that an EIR will not be prepared. City staff has written to Ina Petokis, Deputy Co-Director of Planning, requesting the official sY.atus of the County's Specific Plan for the 8tiwanda North arse and asking how the cumulative impacts of development in the City's Sphara will bn addressed. The City Council public hearing on the City's Etiwanda North Specific Plan has been scheduled for April 1, 1992. Tha staff report will be available on March 27, 1992, and a copy will be mailed to you on that date as requested. Currently, the Etiwanda North Specific Plan as proposed by the City is only a pre-zoning document. This prepares the way Lor annexation, but the City does not have regulatory authority until annexation occurs. It appears unlikely that any annexation will occur in the near future given the lack of property owner and County support. The City's Environmental Impact Report for the planning area is a program EIR as defined by CEQA regulations and will require further environmental assessment of any incremental annexation and/or development request to the City. Included in the City's Etiwanda North Specific Plan era two key mitigation measures. First, a Resource Management Plan must be complatad prior to any project approvals. That Resource Management Plan will be prepared and a draft is expected to ba completed by the City shortly after the Etiwanda North Specific Plan is approved. Second, prior to any project approvals, ~ study must be complatad to determine the feasibility of acquisition of the area between Day Creek Channel and Etiwanda Creek Channel and north of t~•a Los Angeles Department of Water and Power utility corridor. Acquisition c, purchase or by dedication of conservation easements is the only long-te;r mechanism to preserve these RAFS habitat areas in our opinion. LETTER TO: LEEONA KLIPPSTEIN RE: SAGE SCRUB HABITAT March 19, i992 Page 3 Since 1988, five properties totaling 1,117 acres have annexed to the City, all of which were encumbered by Final Tract Mapa or development agreements. (See attached Status Report for Sphere Projects.) Therefore, none of the annexed properties era available as potential new RAFS habitat conservation areas. For your information, development agreements are a legally binding contract between the City and a property owner which confers certain development rights to the property owner. Project approvals that have progressed to construction phase also confer certain development rights to the property owner which are legally binding to the City. Any enrollment of these ianda in the Coastal Sage Scrub Study as described by your associates is limited by these legal encumbrances mentioned above. only the County has authority to enroll parcels in the unincorporated area north of the City. I hope this information helps clarify the planning the Etiwanda North Planning Area. you in the future. If you should have any any time. Sincerely COMMUNITY DEVELOPMENT DEPARTMENT PLAN~i3} DI ON Br(a/ city Planner roles of the City and County for I look forward to working with questions, please contact me at BB:MB:mlq Attachments cc: The Honorable Jon Mikele, San Bernardino County Board of Supervisors Timothy L. Johnson, San Bernardino County valeri• Pilmar, San Bernardino County Ina Petokie, San Bernardino County Lewis Neab, San BernarGi7~o County Bob Michelson, Planning Consultants, Inc. Mayor and Nembezs of the City Council Chairman and Members of the Planning Commission Rick Gomez, Community Development Director The Resources :agency vein l~ axon ",'. ~.. ~.E ~~+ •, :,rba: ;~rll:,,:., r ~r~lrr„II~~ ^~ ~. of California JlarmlJ t.,rn ar,y auun 1 Irr. • nvIlJmLr-I ~_I on„onc s 1v,a rnr.na ta'pJmm;m ., .a nun _ . ,,I I I.. ~..n x r,.l.,,r In~p.nm~m ul FnNain a hm rn,ln.um, ur'y+nnlrm .:, r,.rm n err ruuun .nrr m .n rwlrr n..rnrr. ra March 17 , 1992 CITY f)F ~r~• • ~~ °•a nnao The Honorable Dennis Stout Mak L Q~ Mayor of Rancho Cucamonga ~{ PO Box 807 Z q (J,rl l +•) ~ ` 7 PM Rancho Cucamonga CA 91790 SCI I-•I~f~l. !.: i~-I~IJ {`J Deer Mayor Stout, The Resources Agency, in conjunction with the Department of Fish and GaIDe and the U.S, Fish & Wildlife Service, has undertaken a Natural Communities Conservation Plarrn ing (NCCP) program, designed to protect habitat before it becomes so fragmented or degraded as to require listing of species as endangered under the state and/or federal Endangered Species Act. Established in 1991 under new legislation sponsored by Assemblyman Dave Kelly (AB-2172), the goal of this new process is to both save critical habitat and allow reasonable economic activity and development to continue. Previous experience has shown that listing of a species as threatened and/or endangered can have severe economic consequences, and despite a sometimes heroic regulatory effort, ±he Long-term survival of the species is not assured. I am writing this letter to ask you to join with us in a collaborative planning process designed to implement a pilot habitat planning program for coastal sage scrub. This program is designed to be voluntary and to give you flexibility in making advance plans, and to give more certainty to property owners and builders as they make development decisions and investments. There is broad agreement that proactive planning for habitat conservation is far better than draconian moratoria, regulatory restrictions and loss of local control which may come after a species is determined to 6e endangered. This new process requires scientific data and carefully negotiated agreements which will provide permanent protection for sustainable amounts of habitat and viable species' populations. All these efforts are expected to take a year to L8 months to implement. The FlesaU rtes HUlidin~; Sn('n merlin. G rJSHil '91fi1 fi.ia-:><SF FU I'J IF'' fi.i9~ri l(1'_ I dlllnl-rla Cndaigl ('um nuamon • CdL lnmw fahnn Cnn ai n.vv. • fulunJO flnvr &lanl n: I Jmnrr'.r 4 nell(\ 11 r'a n'J -l l'a (~rlll.r n .l l lr)n h Un PIIIyn1M 111 1'llm nlla rllrl: • .n Yf:l 11 •I M'rr 11 J\ l'n I1 M•I\Jllr l 11 .\ I)r'11'Ir llln l'rrl ' i....iir r 11..Ir l nJ51Jl (nrha'n .t nrr • \I.Irr .~. rU, !'`)III(I1n41111 • al.ll l` FIt'Jn\Allml B~IJrrl ITEM 2 March 17, 1992 Page 2 Any sigr.if icant loss of birds, or negative changes to existing habitat areas could make this process ineffective, ~ and force the listing of the gnatcatcher, thereby diverting time, energy and resources from this proactive process to a. more narrowly focused, defensive one. Your cooperation is vital- The attache3 enrollment form outlines the commitments we hope you will make to this unique program. It defines the planning commitment you can take in your jurisdiction to help protect against coastal sage scrub loss or degradation. Please review them with your staff. Feel free to call Susan Cochrane or Larry Enq, (916) ]24-8348 if you would like copies of the Coastal Sage Scrub Survey Guidelines or for further information. If I can be of any assistance in the meantime, please let me know. We ask that you "enroll" your jurisdiction within the next e weeks. Your quick response and cooperation will help ensure the success of this effort. If you wish to propose wording changes or modifications to the enrollment form before signing, feel free to contact me. Please keep us advised on your progress, so we can give your city adequate recognition and credit for your accomplishments. I lookforward to working with you on this exciting new program. Sincerely, ~~ Carol G. Whiteside Assistant Secretary for Intergovernmental Relations Enclosure /cc: Planning Director i H E C i v O F R t1 N C H O C li C ~ M O N C1 ,~ April t, 1992 Mr. Larry Eng California Department of Fiah and Game 1475 Ninth Street Eaczamento, CA 95816 SUBJECT: NATURAL COMMUNITIES CONSERVATION PLANNING Dear Mr. Eng: The City has received a letter requesting that the city participate in the pilot habitat planning program £or Coaetal Sage Scrub and hne also received a copy of the Coaetal Sage Scrub survey guidelines, February 1992. Baaed upon a phone conversation you had with Aa aoclate plenner Maki Brett, it ie our understanding that: + Participation in the NCCP enrollment program ie voluntary. • No funds aze available to reimburse local coats for participation in the NCCP. + Rivare idean alluvial fan scrub habitat Se a variant of coastal sage scrub for the purposes of the pilot study. • Portions of the San Bemardlno and Loa Angeles counties have been added to the original Orange, San DSeao, and itlvere lde counties pilot study area. • The purpose of the habitat survey guidelines ie to provide a scientific foundation to eetabli eh areas suitable far future proNMlon ~of habitat end for devalopeent. • It existing biological surveys are leu comprahevlva then the guidallnee, but adequate to datermSna lEmlte for protection and for development, the aforarationad surveys will b• accepeed, at least prooieionally. With the above undaretandinq, and Sn the spirit of coopezatlon, the City expects to inks the folloring ectlona: 1. on Merch 25, 1992, the following Snformation was fozwarded to Mary Meyer, Biologietr CDYGs , Mayor Dennis 1. Scour Councllmember Diane Wlllioms Mcryor Pro-iem William J. Alellander ~~, ~; ~~ CounGlmember Pamela J Wright Jxk ! am, AICP, CiN Manoper Councilmember Charles J, Buguel 10500 Cmc Center Crva . PO Bor 80] . RorcM Cucanra^go. CA 91729 . ( i td) 989-1851 Mr. Larry Enq Natural Communities Ccnservation Planning Apt11 1, 1932 Fa ge 2 "Biological Assessment for Portions of the Etiwarda North Specific Plan," March 1, 1989, LSA Asacciates, Inc. It should be noted that the California Gratcatchez was observed on-site in 1989. The San Diego horned lizards were recorded on-site in 1959. • "Biological Reaourcea" Etiwan dd North DEIR, May 1991, Micheal Brandman, A9 soclates. • Exhibit 4.5-1, Vegetation Map, 1" 1,000-Foot scale. (Note: Me. Meyer hoe a copy of the ENSP El R, Part II, Response to Comments, Septa mbez 1997). 2. On April 1, 1992, the City Council will conduct a public hearing to consider rertification of the 62R and approval of the Etiwanda North Specific Plan. It should be noted that the ENSP ie a pre-:one Eor the City's Sphere-of- Influance. In keeping with the apizit of the collaborative process outlined in the NCCP enrollment fora, the proposed mitigation meaeurea are zeeponaiva to comarnta forwarded by the CDPG and D.S. PSeh and Wildlife Service (VSPWS). 3. Subsequent to adoption of the ENSP, the City will pursue the following implementation meaaurea for the %NSP: • Complete a draft Resource Management Plan for habitat conservation end circulate it to Reeponaible Agenci ea for comment. • Prepare a ,preliminary study to determine the feaelbl li ty of acquisition of pazcela of aeneitive Aiversidsan alluvial fan scrub (AalS) habitat which are Sn private ownership. 4. Conduct a preliminary review of undeveloped percale within the City to determine location of probable RaP9 and/or casetal sage scrub habl tat and potential Eor enrollment in NCCP pilot eoeetal sage study. It should be noted that the aerial survey map for the City lndlcataa that the moat llkell• candidate area^ for habitat protection are located in the City's Sphere-of -Influence and are under the jurladlct ion of tM County oC Sar. Bernardino. 5. Cooperate with the County of San Bernardino, the C'D PG, USFWS. Caltzana, and Property Gumen In el Cher the NCCP Coaetel Sege Pilot Project or in a eepera [a San Bernardino Mr. I.ar _ry Eng Natural Coamnmitiea Concervatlon plarninq April 1, 1992 Pa g¢ 3 County NCCP study, whichever is determined ^_c be most suitable for Aiversidean Alluvial Fan Scrub habitat review. Thank you For contacting the City regarding the NCCP program. We look Forward to cooperating xith you in the program. If you have any questions please contac[ me or Miki Brett, Associate Plannez, at .714) 989-1861. Sincerely, COMMUNITY DEV3LOPMENT DEPARTMENT PhANN ~ ZVISZO~ Brad H 1eY N City loaner BB:MH:mlq cc: Members of the City Council Members of the Flanninq Commieelon Jack Lam, City Menager Rick Gomez, Community Development DSzecior Carol G. Whiteside, The Resources agency of California Dennis D• Murphy, Coastal Sage scrub Scientific Revia~e Panel Glen Black, California Department of Flah and Game Mary Mayor, California Department of Fiah and Game John Ranlon, O.S. Fl eh and Wildlife Service The Honorable don Mikele, Supervisor, County of San Bernardino Randy Scott, Plaxu:ing Department, County of San Besnardino Leaona Rlippatein, son Bernardino Sage Prlenda ? H E C i T V O f R t1 NC ~O C L'C t1 MO?~G_ ~ F I ~ E ~ ~ H i~ 4 ~' '.7 7 April 1, 1992 Mr. W. Da via Wheeler 1345 3ewport Aou ie var 3, Suite 207 Newp or! Beach, CA 92663 EUBJ ECf: SAN HE RNARDINO SAGE FRIENDS - COASTAL SAGE SC RHB HPP ITAT Dear Mr. Wheeler: In response to your inquiry of March 79, 1992, we are sending you copies of our March 19, 1992, Setter to Ms. Leeona Hlippstein, San Bernardino Sage Friends, and our March 3C, 1992, letter to Mr. Larry Eng, California Department of Fish and Game. (See attached.) The City Council will hold a public hearing on the Etlwanda North Specific Plan (EN$P) and Environmental Impact Report (EIA) on April 1, 1992. Once the Specific Plan is adopted, a Rae ou ice Management Plan (RMP) can to prepared ae an imp lamentation measure. The AMP would identify habitat preservation strategies. Please note that the SIR Enr the ENSY is a program FIR. Additional environmental assessment would be required prior to approval for any p rojact within the ENSP area. Also, please note that the SNEP is a pre- zone docureni and does not take effect until parcels are annexed into the City. Dntil annexation ocwre, moat of the area in the ENSP is under the iu ris diction of the County of San Bernardino. Whi Le the Federal Endangered Specific Act may require a "Habitat Conservation Plan," there are no Pederal endangered epeci es li area for habitat within the City or the City's Sphere-of -Influence. We recognize that the Calif orals Gnatcatcher may he listed in the near Future and that one local si ghtlny was reported Sn 1989. Neverthe lees, a "Habitat C one ervation Plan" is not required at this time. As stated in our letter to Mr. Larry En q, staff will review undeveloped land within the City to determine the probable location of River9l dean Alluvial Fan Scrub and Coastal Sage Scrub Rabitat. Tha parcels within the City are expected to M fragmented by existing development and subject to encroachment b}' existing and future development. Once staff review Sa complete, a de tlsion will be made on whether to enroll any parcels Sn the NCCP process. Significant parcels of AAF$ which can be protected for ths long term have been Ldentif led ar:d are located Sn the City's Sphere -of -Influence. .~ :O:FXI Civic ~.enlIX Drive . PO BOx 801 . Rnrx;no Cucumango. CA OV29 pta)989~i05t . co, '..~%VIr.:.- Mr. W. David Wheelet Coastal Sage Scrub xabi tat April 1, 1992 Page 2 The aforementioned parcels are under the land use authority of the County. Only the County or the property owners can enroll the parcels which are located in the unincorporated area. If you ha ye any further questions, please contact me or Miki Bratt., Associate Planner at (714) 989-1861. Sincerely, ~(\C~Oj/DAP1f[~J)R}]iZ TY DEVELGP.MENT DEPARTMENT iF ING DIVISION 0~ 1 ~ I„ Dennis L. Stout Mayor DLS: mlg Attachments cc: Members Of the City Council Planning Commission .TSek Las, City McMgai Rick Gomez, Community Development Director Leeona Klippstei n, San Bernardino Sage Friends 4 F .. / O R~ N C K U C U C t1 M O N G ~~ March 19, 1992 Lceona Rlippstsin son Bernardino Saga Friends 1382 Wesley Avenue Pasadena, California 91109 SUBJECT: SACE SCRQB HABITAT Dear Ms. Rlippstein: i would like to thank you and the San Bernardino Saga Friends for taking the time to discuss with the Planning Commission end staff the issues regarding the Rivarsldaan Alluvial Fan Scrub (RAPS) habitat. I would also like to take this opportunity to provide you with some information that will hopefully assist you in your future work with both the City of Rancho Cucamonga and the county of San Bernardino. The City of Rancho Cucamonga historically has tleeirsd the maximum amount of control within our Sphere-ol-Influence or the unincorporated area of the County. However, the County has the only authority to control development within thin unincorporated eras of the County. The City's Environmental Impact Report for the Etivanda North Specific Plan identities RAPS habitat !n the City's Sphara-of-Influence. Most of the RAPS habitat within the County's unincorporated area appears to be suitable for a RAPS habitat study. Preliminary development epproval• have been granted by the County for the University/Crest ^ite and the Day Creek Spreading Ground area. Tha County has proceeded to the tentative tract approval level for the University/Croat project, subject to U.S. Fish and Wildlife and California Department of Pish and Gama permit approvals. As you are aware, there are no untregmantad cream of Coastal Sage and no large, untrngmented, unencumbered areas of related RAP9 habitat within city limits. Additionally, the County has also isauad project approval for aggregate resource nininq !or 486 acres within Day creek Wash. Minlnq permits are pending and should be issued shortly. A required Pish and Game permit has been issued for the aforementioned project which permits the mining operation provided that a wildllte corridor is maintained end that wildlife habitat :s restored when the mining operation is completed. For any additiona: information regarding these activities, please confect Andrew Rush, fount} Mining Review Team at (714) 387-4099. Mcryor Dennn L Stout Counciirnember Dwne Wlligrrs Mwor Proiem William J Alexander +„~r CouncilmenWer Pornela J Wngnt Jack Lom„ AICP, City Mgna(~er ~~ ~ CairwllmerM~ef CtAfIBS J Buque' nip [+~c '.^"° ,e o,,~ 9a. ACl rnncro Cucamonga :.A vtlM I)t d)98v.1 P5t LETTER TO: LEEONA RLIPPSTEIN RE: SAGE SCR[JB HABITAT March 19, 1992 Page 2 To data, there era four residential project applicntione active in the County which have RAFS habitat areas. (Sea attached Status Report for Sphere Projects.) There ie also a pending application filed by the San Bernardino County Flood Control District with thn Army Corps oL Engineers for facilities on Etiwanda Creek and ban Sevaine Creek which have RAPS habitat areas. According to a report to the County Growth Management Task Porca on February 24, 1992, presented by Valerie Pilmer, Deputy Co-Director of Planning, the County is ravieving eensitiva habitats within the County which may be suitable for preservation. Tha RAFS habitat in the City's Sphere-of- Influence ie being conaidetad for study. In 1990, a consortium of Etiwanda NorU: Landowners, chaired by Bob Michelson, filed an application with the County for an Etiwanda North Specif is Plan. A comprehensive study of RAFS habitat, implemented by a Resource Management Plan, was to be a key element of the County'• 8tiwanda North Specific Plan EIR. However, the County staff indicates that the application will be withdrawn and that an 8IR will not be prepared. City staff has written to ins Petokie, Deputy co-Director of Planning, requesting the olficial status o! the County's Specific Plan for the Etiwanda North area and asking how the cumulative impacts of development in the City's Sphere will ba addrasaed. The City Council public hearing on the City'^ Etiwanda North Specific Plan has been scheduled for April 1, 1992. The staff report will be available on March 27, 1992, end a copy will ba mailed to you on that data as requested. Currently, the Etiwanda North Specific Plan as proposed by the City is only a pre-zoning document. Thies prapazee the way Lor annexation, but the City does not have regulatory authority until annexation occurs. It appears unlikely that any annexation will occur in the Haar future given the lack of property owner and County support. Tha City's Environmental Impact Report for the planning gran is a ptogrem EIR as daf Sned by CEpA regulations and will require further environmental assessment of any incremental annexation and/or devalopmant request to the City. Included in the City's Etiwanda Nortll Spacilic Plan are two key mitigation measures. First, a Resource Management Plan must be completed prior to any project approvals. That Resource Management Plan will W prepared and a draft is expected to be completed by the City shortly after the Etiwanda North Specific Plan is approved. Second, prior to any project approvals, a study must ba completed to determine the feasibility of acquisition of the area between Day Creak Channel and Etiwanda Creak Channel and north of the Loa Angalae Department of Water and Power utility corridor. Acquisition cy purchase or by dedication of conaarvation aasemente is the only long-tern. macheniem to preserve these RAFS habitat areas Sn our opinicn. LETTER TO: LEEONA RLIPPSTF.IN RE: SAGE SCRUB HABITAT March 19, 1992 Pages 3 y Since 1988, five properties totaling 1,11'7 acres have annexed to the City, all of which were encumbered by Final Tract Maps or development agreements. (See attached Status Report for Sphere Projects.) Therefore, none of the annexed properties are available as potential new RAFS habitat conservation areas. For your information, development agreements are a legally binding contract between the City and a property owner which confers certain development rights to the property owner. Project approvals that have progressed to construction phase also confer certain development rights to the property owner which are legally binding to the City. Any enrollment of these lands in the Coastal Sege Scrub Study as described by your associates is limited by these legal encumbrances mentioned above. only the County has authority to enroll parcels in the unincorporated area north of the City. I hope this information helps clarify the roles of the City and County for planning the Etiwanda North Planning Araa. I look forwnrd to working with you in the future. It you should have any questions, please contact me at any time. 5lnceraly, COMMUNITY DEVELOPMENT DEPARTMENT P D7 N ~~ Bra city Planner BB:MB:mlq Attachments cc: Tha Honorable .Ton Mikela, Sen Bernardino County Board of Supervisors Timothy L. Johnson, San Bernardino County Valerie Pilmer, San Bernardino County Ina patokis, San Bernardino County Lewis Naab, San earnardino County Bob Michelson, Planning Consultants, Inc. Mayor and Members o! the City Council Chairman and Member^ of the Planning Comaission Rick Gomez, Community Development Oiractor T fl E C I i Y O F ~ C~ N C ~i ~ L ~i ~ i~ i~ ~ ~ C~ :~ April 1, 1992 Mr. La sy Eng Ca lifern is Department of Fish and Game 1416 Ninth Street Sacramento, CA 95814 SUBJECT: NATURAL COMMDNITIEB CONSERVATION PLANNING Dear Mr. Eng: The City has received a letter requesting that the City participate in the picot habitat planning program for Coastal Sage Scrub and has also received a coot' of the Coastal Sage Scrub survey guidelines, February 1992• Rased upon a phone conversation you had with Associate Planner Miki Hratt, it is our understanding that: " participation in the NCCP enrollment program is voluntary. No funds are available to reimburse local costa for participation in the NCCP• " Riversidean alluvial fan acrvb habitat ie a variant of coastal sage scrub for the purposes of the pilot study. portiens of the San Bernardino and Los Ange lee counties have been added to the original Orange, San Diego, and Riverside counties pilot study area. " The purpose of the habitat survey guidelines Ss to provide a scientific foundation to es tebli sh nrea9 suitable for future protection of habitat and for development• * If existing biological surveys are lees comprehensive than the guidelines, but adequate to determine limits far protection and for development, the afozementloned surveys will be accepted, at least prowls ions lly. With the above underetandinq, and in the spirit of cooperation, the City expects to take the fallowing actions: 1. Gn March 25, 1992, the following lrfotmation was forwarded to Mary Meyer, Biologist, CDPG: Mayor Dennis L Stout ~ Councilmember Diane Williams M over Pro~tem ~Ntleom) Alaxonder _'~. ., Counclmember POmelo J WngM in<k I am, AICP, rift' Mgnoger Councnmember Chortles J Buquet ~~ '~'66;fi gr.~r~..y i..r r,o,¢ . ur)SCx P,01 rrc~c no r;ucar»npa if r/11w . ;>f A)09v 1951 .~.. .. . Mr. Latry Eng Natural Covmnmi[i es Conservation Planning April 1, 1992 Page 2 ' "Hio logical Assessment for Portions of the Etiwanda North Specific Plan," March 1, 1989, LEA Associates, Inc. It should be noted that the Cxlifoznia Gnatcatcher was observed on-site in 1989. The Saa Diego horned lizards were recorded on-site in 1959. ' "Biological Resources" Etiwan da North CELR, May 1991, Micheal Brandman, Associates. • Exhibi! 4.5-1, Vegetation Map, 1" = 1,000-foot scale. (Note: Ms. Moyer has a copy of the ENSP EIR, Part II, Response to Comments, September 1991). ~• on April 1, 1992, the City Council will conduct a public hearing to consider certification of the EIR and approval of the Etiwanda North Specific Pldn. ~~It should btr noted that the ENSP is a pre-zone for tM City's 9phcre-of- Influence. In keeping with the spirit of the collaborative process outlined in the NCCP enrollment form, the proposed mitigation measures are responsive to comments forrarded by the CDFG and U.E. FSeh and Wildlife Service (USPW9). 3. Subsequent to adoption of the ENSP, the City will pursue the following imolementation measures for the ENSP: • Complete a draft Resource Management Plan for habitat conservation and ci rculats St to Responsible Agencies foY coument. • Prepare a ,preliminary study to determine the feaelbi lity of acqu1e1t1on of pnzcale of seneiti ve Aivereldeen alluvial Pan scrub (RAPS) habitat which are Sn private ovnerehip. a. Conduct a preliminary review of undeveloped parcels within the CSty to determino location of probable FAFS and/or coastal sage scrub hebi tat and potential for enrollment in NCCP pilot coastal sage study. It should M noted that the aerial survey map for the City Sndicates that the moat likely candidate erase for habitat protection are located in the Clty'e Sphere-of-Influence and are under the jurisdl orlon of the County of San Bernardino. 5. Cooperate with the County of` San Bernardino, the CDFG, USFWE, Calt rxns, and Property Owners Sn either the NCCP Coact tai Sege Pilot Project or Sn a separate San Bernardino N.r. Larry Eng Natural Communities Conservation Planning April 1, 1992 Page 3 r County HCCP study, whichever is determined to ba most suitable for Riversidean Alluvial Fan Scrub habitat review. Thank you for contacting the Clty regarding the NCCP program. We look Forward to cooperating with you in the program. If you have any questions please contact me or MLki Hratt, Associate Plannez, at (714) 989-1861. Sincerely, COMMUNITY DEVELOPt~NT DEPARTMENT /PLANN IVI3I0 Brad B ler 666 City lanner He:MB;mlq cc: Members of the City Council Members of the Planning Commission Jack Lam, City Manager Aick Gomez, Covaounity Development Director Carol G. Whiteside, The Ae sources Agency of California Dennis D. Murphy, Coastal Sage Scrub Scientific Aevlew Panel Glen Black, California Department of Piah and Game Nary Meyer, California Department of FS ah and Game John Hanlon, U.S. Fish and Wildlife Service The Honorable Jon Mlkele, Stpervi BOr, County of San Bernardino Randy Scott, Planning pepartment, Covnty of San Bernardino Leeona R1lppateln, Sen Bernardino Sage Friends ' H E C ~ ~ ~ O p R t1 N C h 0 C U C ~1 ~q O ~; G ~~ April 1, 1992 Mr. Larry Eng California Department of Fish and Game 1416 Ninth Street Sacramento, ^_A 95814 SUHSECT: NATURAL COMMUNITIES CONSERVATION PLANNING Deat Mr. Eng: The City has received a letter requesting that the City participate in the pilot habitat planning program for Coastal Sage Scrub and has also received a copy of the Coastal Sage Scrub aurvey guidelines, February !992. 9ased upon a phone conversation you had aith Associate Planner Miki Hratt, it is our understanding that: * Participation Sn the NCCP enrollment program 18 voluntary. No funds are available to reimburse local costs for participation Sn the NCCF. • Aiversidean alluvial fan scrub habitat ie a variant of coastal sage scrub Eor the purposes of tha pilot study. • Portions of the San Bernardino and Los Angeles counties have peen added to the original Orange, San Diego, and Riverside counties pilot study area. • The purpose of the habitat aurvey guidelines .ta to provide a scientific foundation to eetabli sh areas suitable Eor future protection of habitat and for development. • If exi sting biological surveys are lees comprehensive than the guide line e, but adequate to determine limits for protection and for development, the aforementioned surveys sill be accepiP.d, at least provia ionally. With the above understanding, and in the spirit of cooperation, the City expects to take the follcainq actions: !. On March 25, 1991, the following information sae forwarded to Mary Meyet, Biologist, CDFG: Moyor Dennis J Sfoul Counrllnromber Diane Williams M~yJr Prp ism WIIIIOm J AIP.%OOC9r ! y CounGlmember Pamela J Wrighr ;ock I~~m, AICP CAN Manogar Counalmsmber ChonesJ Ougw:• `~ ~;,4;0Cw ~,~rder rrrm? . Pp &~e gC1 aoncno Cvne~nnnge rA wi29 r~iG)o9'!1P,51 .; Mr. Larry Eng Natural Communities Conservation Planning Apr11 1, 1992 Page 2 • "Biological Assessment for Portions of the Etiwanda North Specific Pian," March 1, 1989, LSA Associates, Inc. It should be noted that the California Gnatcatcher was observed on-site in 1989. The San Diego horned lizards were recorded on-site Sn 1959. • "Biological Resources" Etiwanda North DEIA, May 1991, Micheal Brandman, Associates. Exhibit 4.5-1, Vegetation Map, 1" ~ 1,000-foot scale. (Note: Ms. Meyer has a copy of the ENHp EI R, Pazt II, Response to Comments, September 1991). 2. On April 1, 1992, the City Council will conduct a public hearing to consider certification of the HIR and approval of the Etiwanda North Specific Plan. It should be noted that the ENSP ie a pre-zone fcr the City's Sphere-of- Influence. In keeping with the spirit of the col3aboratlve process outlined in the NCCP enrollment form, the proposed mitigation measures are responsive to comments forwarded by the CDPG and O.S. Fish and Wildlife Service (VSPWS). 3. Subsequent to adoption of the ENSP, the Clty will pursue the following implementation measures for the ENSP: ComF le to a draft Ree our ce Management Plan for habitat conservation and cltculate it to Reeponeible Agencies for comment. • Prepare a -preliminary study to determine the feasibility of acquisition of parcels of sensitive RSversidean alluvial Ean scrub (RAPS) habitat which ere in privets ownership. 4. Conduct a preliminary review of undeveloped parcels within the Clty to determine location of probable RAPS and/or coastal sage scrub habitat end potential for enrollment in NCCP pilot coastal sage study. It should be noted that the aerial survey map for the City indicates that the most likely candidate arses For habitat protection are located Sn the City's Sphere-of-Inf LUence and are under the juriadletlon of the County of San Bernardino. 5. Cooperate with the County of San Bernardi no, the CO FG, USFWS, Ca ltrane, and FYOperty Owns re in either the NCCP Coastal Saga Pilot Project or Sn a separate San Bernardino Mr. LariY Eng Natural Communi ti ea Conservation Planning April 1, 1992 Rage 3 County NCCP study, whichever is determined to be most suitable for Ri,versidean Alluvial Fan Scrub habitat review. Thank you for contacting the City regarding the NCCP program. We look forward to cooperating with you in the program. If you have any qusa [ions please contact me or Miki Brect, Associate Planner. at (714) 985-1861. Sincerely, COMM[T!TITY DEVELOPMENT DEPARTMENT PLANN t IVISIO Brad B Ter City Tanner HH:MB:mlg cc: Members of the City Councll Members of the Planning Conmisaion Jack Lem City Manager Rick Gomez, Community Development Director Carol G. Whiteside, The Resources Agency of California Dennis D. Murphy, Coastal Sage Scrub 9clentif is Reoiew Panel Glen Hlack, California Department of Fiah and Game Mary Meyer, Cal ifornla Department of Pi eh and Game John Hanlon, II. S. Fish and Wildlife Service The Honorable Jon Mike le, Supervisor, County of San Hernardlno Randy Scott, Planning Department, County of San Bernardino Leeona Rlippatein, San'Hernardino Sage Friends San Bernardino Sage Friends 1382 IiesleS' 9venue Pasadena, CA., 91104 City of Rar:cho r_.ucar~e r.ga ,~ !9acor S[ou[ d Crty Council P.O. box AG7 P,anche Cucamonga, CA., 91729-0807 Ap r.i1 1, 1992 RE: Etiwanda Sorth Specific Plan, Em'i ronmen[al Impact Report q0-01 and Goneral Plan Amendment 9O-038, ure-zoning. ,layor Stout n f,iCy Council 14embers, i anp r. eciate your. considerations this evening and commend the city znd staff for all the work that has Fore into preparing the Etiwanda Sorth Specific Plan IES P), Miler bract deserves recognition in her attempt towards preservation of the only peat bog in southern falifornia and one of the Las; r^+..z fining alluvial fan ecosystems. This alluvial fan ecosystem is of re: l., ~~,.~ r.oncern and warrants fu 11 protection. I also recognize that [he ',. ~ r,f Rancho Cucamonga has been experiencing political and econor.:tc co:•:s [ra ints and T can certainly sympath i.ze with you. San Bernardino Sa pe rrienti; and 1 are warkinp, towards praservation of \orCh Etiwanda at the City, County, State and Eedera] levels of government. We encourage Che Citv Co taka further measures towards prase r.vation as we hove previously identi f.ieci hstore the Flannin p, Commission and in le[te, r,3/24/92. I un,ie rscand [he concern of zoning the EVSP even lass in density, and Chat ever: n:: is, iandow oars and developers are not pleased and are pushing for higher density and may not be willing to assist the City in annexation. .i car: moat certainly say Chat The County and De u'elopers wi.l7 no longer walk a cronkeri path and that we w.i li continue [o came forward in larger numbers challen;;i n5; them: under California Envircnmrntal Quality Act (CEQA? and The fndan p,e cad fipecies .4 r.t (F,SA1. IC fie clearly I7.le pal to piecemeal deve]opm:an[s and submit inadequate biological surveys as sell to `ail to disclose substar.c iai evidence: regarding spec i.es present and thr- c ~:!lative impacts. City and County Planners have quite a [ask and must loo': ;.n to Che future emhracin p, Fla bi.Cat Conservation Planning(IiOP) S Natu r. al Communities Conservation Plannin}; (NCCP). Securing these Planning methods prevents species extinction and would prevent li ci,gation under [he Endangered Sper.i es Act. The Endangern,d Species Act has saved The Condor and the California Grey Whole, yet. we still lose many due Co I:he }oss of habitat. Le r, me show you [his map of alluvia] fan habi tots, Cake: from a study by Dr. Led F!anes in the tl (l's. A[ that time there were only ei r,ht a1lluvial fan c:ommuni tics. As (ar as r know tonight there are possibl-y only three ~iablr, oner< remaining, and of those three all are proposer! ouvel.oprnent, ironicallc, a ll three hay r. proposed };olf Courses. The Sorth HLiwanda area and Cucam on p,a Creek have not bad spring surveys, all environmental Impact rep r,rls Prom MBA and LSA indicate that spring surveys arc net r.n ssa ry to determine [he biological significance in these areas. "May bc" and "Potential" is not f;o od enough, what actually "does occur" in the P:NSP site, the whole site and not ,inst. portions? k:verytim¢ a City or (; m!nty p,i ve "nveerid i. nl; oonsidefations" to a Pr-ojoct i.n any area they are slin ply rr: denial and sinking, further and Fu rCher in dept of cumulative impac l.s. :111 [he species of the 6NSP project si[o, Chat are federal candidate 2. 1'he Sar. Diego ho ned lizard, orangethroated whiotail, sage sp rrow, rufous-crown sparrow, the ho r. ned lark, sharp shinned hawk will all be pushed further and further. into extinction. Whv wait until they are listed before yuu try to seve diem. 5.1VE THEMMOW. The Caiifnrnia gnatcatr.her is on the propsed list of endangered species and does occur on the ENSP pro ject si[a. This information seemed to be hidden away in defunct projects conveiniently not appearing in new EIR 's by new consultants. T keep hearing from the City and County [hat they can't afford SRAING biological surveys, 7uu can not atf ord not to de them, and [hat noes along with every developer in tlr_s room. Do the surveys correctley the first time out, minimal surveys get you ir. [rouble later, i.t makes economic sense, i[ prevents }'our project being held up and liCiga rion cn,=ts. [i iii ].e on [he topic of economics a.^.d overriding eonsfdaraClons, please eonsider these statistics............ F.„RTI[Q I;.q KES- Quakes in Perspective, from L.A. TIMES Should Rancho Cucamon pa be the next stastic? How many lives wi 11 be lost? ilow many millions in disaster relief and clean up ? Who trill pay then? Skip py Morris and the Lusk Company? Randall Lewis and Lewis Homes? David Ui Tor.io and the Ca n•n Go.? Richard llouglnss and Landmark? Bob Michel non and Tracy Co.? The Changs? Betty Mc Mav? Tr. my opinion, in my crystal ball looking at the future, I see alt your Orange County Developers, playing golf, and a17. the mone7 they made from the City sitting in Orange County banks. It's very convenient for Ci[y Council Members and County Superviso r.s to have these Orange County dece Toper= around now to provide campalpn contributions, but will they provide for your cons[i[uants when their lives have been des[r oyed by earthquakes, floods and Fires? it is your responsibility as loyal government officials and public servants [o take raze of your community, co be good stew arts of their 1.i yes and the enviror:ment.. ALi. LIFE; IS SACRED and to be respected. The food you rat and the clothes you we.ax all were provided to you by t.hc E:A P. tli. This i.d ea thzt to consume more of the Earth will prucide more for cony future is rediculious. 6'L+en we take more now, we are hnrrowi rig from the future, our childrens future. itememhar the 70s sci.-fi movie, Soylenc Green? 1[ depicted the world in tha 21st century: so overpopulated that Chore was no land left [o bury the dead. So people unwittingly ate deceased neighbors as "snclent Green" food rhips. Nut Che most shocking message wasn't our future as a ]a ca r.te. Rather, it was something seen for the £i.rst and only time just he 1'o re one's death: film footage or" animals romping, in fin ds of flowers, throw ph dense green forests, over undisturbed, i n<ilees, open land. Cn the world of Soplent Green, you see, all anima] Ifto was Tony, extinct. 3. Whexher its movies depicting a possible future or the truth of our history, please let us J.earn and not make these mistakes. Several hundred years age wher, forests were destroyed, people+iived in ocererowded cities and air and water were polluted, contaminated, people were dissased and it was called "consumption", it was a plague that killed many. Ouc of this plague came a song. A seng of wisdom taught to children. This sang of wisdom is deep rooted in every or.e of us here tonight, and ycu may have already [aught this song [o your children. RIFG AROCi~D TILE ROSIES POCK F,T Pti i,L OF POSIES ASHES, ASifES, WE ALL PALL DOW\. i ask [hat none of us leave here Lonight hycocrites to our child re r.. Rancho Cucamon pa has been referred [o as an "E'd ge" City. Let [hat be the cutting edge, of a progressive environmentally sound city. Your on the right track towards preservation in Sorth Etiwanda, Cake [he next step and [he next. Don'[ through t!:e E65P away, yet I ask [hat you continue to revise it, amend it unCil it is to tight that all people, animal and plants are safe and have a healthy future. I thank you for this time to comment and request [haC this letter and all other information I have presented be added to this record concern in y, 9or[h E[i.wanda and a.tl succssessors. Sind ~~ L , .>2.~ ~ Leeona Klippstein, coordinator San Recnardino Sage Friends Leeona Klippstein. San Bernardino Sage Friends 1382 Wesley Avenue Pasadena, CA 91.04 (818) 398-4962 March 24, 1992 Brad Buller, City Planner Community Development Deparunent Planning Division City of Rancho Cucamonga 1050 Civic Center Drive P O Box 807 Rancho Cucamonga, CA 91729 Re: Etiwanda North Specific Plan (ENSP), Alluvial Fan Sage Scrub and C-2 Threatened and Endangered Species Dear Mr. Buller, I would like to thank you for your letter of response to the aforementioned issues of concern involving the proposed approximately 6,900 acre "Etiwanda North Specific Ptan" (ENSP). .As you are aware, the "ENSP" project has not been mitigated to levels less than significant, biologically, and is of great concern to our coalition. According to the City "ENSP" vegetation map and my own personal surveys, it is obvious that the alluvial coastal and Riversidean sage scrub that is within the City "Sphere of Influence" is significant. North Etiwanda is a unique alluviai fan eco-system with significant biological LIFLi, so much in areas that it is difficult to sec the ground. 1 recommend that you and your planning team re-survey this area personally. Within the past month t have been in contact with Uebra Elliott Fisk, President of the University of California Natural Reserve System, and in our phone conversations discussed the proposed "University Crest" project within the F;NSP project site and its biological impact on approximatey 426 acres of sage scnib, which have not been mitigated for. President Fisk agreed that the biological aswssments of this project are minimal and wanants further study and surveys. President Fisk gave me the name of a consulting firm and their biologist, Barbara Carkon, who is to perform th+s survey, who w';II be contacting me. 1 belirve this helps state my case that the wlt~ "ENSP" project site warrants re-survey. Biological surveys attained in the prefect area are incomplete and do not disclose "substantial evidence" regarding biological and cultural impacts. The incompleteness and/or inaccuracy of these surveys may he due to the dates, seasons, weather conditions and condition of the plan) -z- and wildlife community at time of survey. As you are aware, the "ENSP" project site and region have experienced fires. It is my understanding, through conversation with City Assoc. Planner, Miki Bratt, on 3-19-9?, that the City of Rancho Cucamonga, "Erwanda Nonh Specific Plan" Environmental Impact Report (EIR) was prepared by Michael Branden Associates (MBA), who did not survey the proposed project site, but obtained the biological data assessments from Data Base, and the previous biological survey assessment was performed by LSA, because the City was unable to afford new biological surveys. I presume this information is correct and that Miki Bratt would not want to mislead. I believe that if the City, County or developers are unable to afford accurate biological surveys and assessments required by CEQA, that they are also unable to afford proposed projects. In reviewing the CSA Biological Survey and assessments for ystriions of the Etiwanda North Specific Plan, which were prepared fur the Land/Plan/Design Group, March I, 1989, I call your attention to pages 5 and 6. Cm page 6, Vegeation, you will see reference to: "The Texas Fire in August of 1988 burned 50-75 percent of the chaparral and alluvial fan scrub vegetation on the property, exposing large expanses of bare ground". Now please refer to page 5, Meth (second paragraph) "The project site was surveyed February 9-I1, 1989". This survey was performed only 6 months after the Texas Fire. I[ appears that this would indicate that there were no means of performing and "accurate" biological survey at this time. Returning to the V e i n section on page 6, paragraph 3. "Riversidean alluvial fan scrub, which predominates on the plain, was reduced in the fire by roughly 50%". For your information, sage scnibs, in addition to being drought tolerant, are also fire-adapted, quite accustomeei to burning every half century or so and then vigorocsly growing back from iheir roots. The areas of the F,NSP project site that were reduced in the Texas Fire of 1988, have now, three and one half years later, grown back stronger and more dense than ever before. The fins! draft EIR for the ENSP is biologically inaccurate, with failure to disclose "substantial evidence" of biological impacts. i highly recommend [hat all of the ENSP project site be re-surveyed in order to obtain accurate biological information, within the City Sphere of InFluence including the County, with their assistance. Enclosed you will find a leher of reply to 1560 Army Corps of Engineers concerning the San Bernardino County FIooA Control District's public notice of Permit Application No. 41-100-RS, from the US Uepartment of Agriculture, San Bernardino County National T-'orest Service for Elliott L Graham, signed by Cindy L. Oswald. In the second paragraph you will find that the San Fernardino Forest Service recommends surveys for the California gnatcatcher. As you arc aware, the San Diego homed lizanl, the California gnatcatcher and the orange- throated whiptail are all Federal Candidate-2 species. All three species are expected to occur on the BNSP project site and have history of being observed. The California gnatcatchers, little gray song birds, are currently being considered by the I1.5. Fish and Wildlife Service for listing as threatened or endangered species. In my review of the 1989 GSA biological survey (page iv) "The Cahforniabtack-tailed gnatcatcher, was observed during the surveys for this study in a low -~- area of chaparral..." The California gnatcatcher was also observed in 1991 near the confluence of Cajon Wash and Lytle Creek in similar habitat The City of Rancho Cucamonga's Fm•ironmental Impact Reports, in reference [o the Etiwanda North Specif c Plan by MBA, fails to disclose this pertinent and "substantial evidence" in regards to impacts on C-2 species and sensitive wildlife. There ~s a relevant dir-ference between "was observed on site" and "may occur on site" and may be considered misleading. On Febmary 14, 1992, San Bernardino Sage Friends, in conjunction with the U.S. Fish and Wildlife Service, presented an Educational Forum addressing the significance of the "Alluvial Fan Eco-System" at the City of Rancho Cucamonga with the Ci[y Planning Department's assistance at our reyuest. We commend the Planning Department for their assistance and are pleased that you found this information of such significance that you video-taped the program and entered it into the City of Rancho Cucamonga archives. As you know, this program was well attended and directed towards preservation measures of this unique eco-system. The State Resources Agency in concurrence with AB2172 of October I99I "Natural Communities Conservation Plan" (NCCP) has addressed coastal sage scrub as critical habitat and is working towards its preservation. The NCCP Scientific Review Panel lSRP) is mapping significant areas of concern and has included San Bemardino County and Rancho Cucamonga. I received this substantial information on 3-20-92 by phone from the Natural Heriiage Division of Califomia Department of Fish and Game. Three of the four indicator species of concem to the NCCP/SRP are found in this region and on the ENSP project site (LSA, MBA and California Natural Diversity Data Base (CNDDBp; the California gnatcatcher, orange-throated whiptail and San Diego homed lizard. The lizards apparently prefer sand or fine soil which are included in lower portions of the ENSP site provide in streambed and wash areas. Again, I emphasize that alt of the ENSP project site and region are of significance, with biological impacts that have not been mitigated to levels Tess than significant The proposed ENSP proiect fails to mitigate for the loss of alluvial fan, coastal and Riversidean sage scrub, as does the County, the University Crest project and 4th Street Rock. The Rancho Cucamonga F,NSP, the County, "West Valley F'uothill Plan", the "University Crest" projeca and the "4th Street Rock" all fail to mitigate for the significant impact to sensitive, threatened or endangered species of plant and wildlife and all fail to disclose "substantial evidence" regarding these impacts. According to Ct3QA and case law, the marts have held that a public agency cannot "hide behind it's failure to" study and provide da'a on an environmental impact. The City, County and developers have failed to study the hydrology of the I I acre peat bog in the northern region of the ENSP prglect site. CEQA case law requires hydrology studies to be done prior to certification of Environmental Impact Reports, addressing that "further study" or "future study" is not a mitigation measure. The City and County F.IR's regarding the ENSP project site fail to address and disclose the "cumulative impacts" nn alluvial fan, coastal and Riversidean sage scrub and wildlife to include the Federal C-2 species aforementioned. Please refer to and review the enclosed U.S. Fish and Wildlife letter to County Supervisor Jon Mikels, addressing the significance of this critical -3- habitat. The whole ENSP proiect site within the City "Sphere of Influence" and the County is biologically significant. in reference to the California gnatcatcher, recent survey data being performed in San Diego. Orange and Riverside Coumies, have observed California gnatcatchers in disturbed and undisturbed habitat, with nesting ranges approximately 22-3-5 acres- The ENSP project site and region warcant new biological in-depth surveys to concur with the NCCP/SRP survey guidelines. The 385 acres of proposed aggregate mining by 4th Street Rock, or it's successors, are not exempt of the aforementioned biological surveys, or unmitigated losses of sage scrub and species communities. The biological "cumulative impacts" have not been disclosed, and 1 remind the City and County that "piece-mooting" :heir projects is clearly illegal. Through my communications wdh b1ike Guisti, California Department of Fish and Game (CDFG), and Robert Smith, the Army Corys of Engineers (ACOE), no further agreements or permits will be issued until the City and County have a comprehensive project plan that provides a conservation plan for sage scrub and sensitive species. Robert Smith, ACOE, attended the educational forum "Alluvial Fan Eco Systems" and is aware of the dangers of proposed residential zoning in flood plains as well as potential ground water pollution. As you are also aware, the ENSP project site is within a major flood plain and water recharge basin that present and proposed channelization cannot adequately or safely protect proposed future residents in IIYJ year floods. Not only does this proposed ENSP project endanger future residents of floating but of earthquakes also. Ban Koning made recorded comment, explaining the dangers ofvertical impacts resulting from the seismic activity of earthouake faults within the ENSP project site before the Planning Commission, and should be reviewed prior to final decisions on pre-zoning, zoning and certification of the ENSP EIR. San Bernardino Sage Friends and I are quite aware of the power struggle between the City and County over control of the aforememioned critical habitat of a bio-regionally unique and diverse eco-system that is within the ENSP project site. San Bernardino Sage Friends and U.S. Fish and Wildlife Service concur that the "Etiwanda North Specific Plan" does not go far enough in protection of alluvial fan scrub and its communities. (As my grandmother taught me, "Two wrongs don't make a right"). I am aware that the "Etiwanda North Specific Plan" is only apre-zoning document. I am also aware that Coy and County Planning Deparunents. Commission, Councils and Supervisors are expected to abide by the law as Public Servants and adequately serve all public interests and not just those individuals who are Iandownees, developers, corporations and campaign conrributors. The present planning system of pre-zoning and FIR certification prior to a Resource Management Plan (RMP) is backwards and not in the best interest of the public and the -5- environment San Bernardino Sage Friends and I do not concur with this present system and challenge it W'e believe in long-range planning in order to prevent environmental degradation d species extinction. bong-range planning, "Habitat Conservation Plans" (RCP's) and "Natural Communities Conservation Planning" (NCCP) are viable means of sustaining bio-diversity. The City of Rancho Cucamonga aad San Bernardino County have none of the aforementioned and are required by law to do so. The alluvial fan, coastal and Riversidean sage scrub communities would not now be considered "critical" if "cumulative impacts" had been disclosed and adequately addressed and if there had been proper "land use" and not "land abuse". 'Che ENSP project appears to be inconsistent with the general plan in zoning of hillside residential and residential within earthquake fault zones to include the Alquist-Priolo special study zones. As you may be aware, there was an earthquake in 1990 that was centered in Upland which shares the fault zones of Rancho Cucamonga. As of January 1, 1990, 116 special study zones were revised, Rancho Cucamonga being ore of the 84 cities and San Bernardino County being one of the 3? counties that have beer. addressed by the Division of Mines and Geology as fault-rupture hazard zones in California. Again, the current EIR's and City and County' General Plans "fail to disclose" accurate information concerning seismic activity and fault zones in the ENSP project site. San Bernardino Sage Friends request further studies and corrections entered in regard to solid waste and landfills. In our research we round that the Millikin Landfill is expected to close at a much earlier date than what is given in the ENSP EIR, which gives a ter. year difference. Perhaps you failed to look at the "cumulative impact" of other projects in your region. As the 6'NSP EIR currently states "solid waste" is inaccurate and fails to disclose substantial evidence, which is misleading. i question the validity of the proposed ENSP EIR and whether it is consistent with your General Plan and Open space clement We request that the ENSP tiIR be revised and amended to accurately address all mentioned issues of concern, including that Open Space be zoned as Natural Open Space in City and County plans, in administrative record of any and all proceedings relating to this project or it's successors. We encourage the City and County to work with and seek assistance from California Department of Fish and Game (CDFG) and U.S. Fish and Wildlife Service. You may also request that CDFG and USFWS assist you in Land Banking and/or Land Exchange. I also request drat you contact Robin Cox Smith at the Nature Conservancy, Jeff Wilson at Inland Empire West Conserva!ion. Trust for Public Land, and encourage your State ReprescntativeiAssembly member ui endorse AB72 "California Heritage Lands Bond Act of 199?" which would assist in funcGng for acquisition of the North Etiwanda alluvial fan and wet- lands. San Bernardino Sage Friends and I request that the City and County work together on a feasibility study for acquisition of land within the ENSP project site. I am aware that the City may not be able to offer adequate "land exchange" for landowners and developers, so again we request that the City and County work together in preservation and put aside your current "control struggle" aimed at destruction. ~h It n San Bcrr,ardmo Sage Fronds mien; that this infonnaticn. suggestions and requests will be fuiti!Icd and adequately addressed be means of "amendments" and "revisions" by Ctly and County Planning Departments, Commissionea, Council M11e:nbers and County Supervisors. We hope that all of the aforementioned helps to clarify our concerns and ethical expe.aatiuns from I~Kni gD~CIn.mCnt eg Cn:ICS. San Bentardn?o Sage Friends and I request that the adrninistratise record of any and all prcxeedings relating in Ihts pmiect or it's successors contain this letter, enclosed letters and dncumeo!>, including the information contained on the video-taped educational forum "Alluvial Fan P.co-Sys!e!r~<" of d-ld-92 whic'n is presently in the City of Rancho Cucamonga archives. In closing. I ssould also like to make comment that John Afuir, en several trips in the 189U's explored the San Gabricls and frequently visitui the Etiwanda area. 1 believe this to he of iirctoric st~niticance and should also be entered inro the EIR concerning History and Culture. 'the ENSP EIR does contain information that a large metate was found on the ENSP project site, ,hat nose .tits at a nearby schcxll. Mortar and pestles were also found in the northeast region by the four oak trees. Mt. Baldy and Cucamonga Peak are sacred areas of the Gabrielino People u~ho do exist in 1992 and still make pilgrimages to this region, including North Etiwanda and the ENSP protect site. The ENSP EIR fails to address the significance of the cultural and religious impact on the Gabrielino People, who still gather sacred healing plants from the project s4e for their religious ceremonies. San Bernardino Sage Friends and I look forward to our continued work together on preserving the San Gabriel alluvial far, eco-systems, and if you should have any' further questions, please contact me or a Sage Friend near von. Kind regards. Sinccreiv San Bernardino Sage Fri~e/,nfld~~s'K/~~ r` r / ! Loco Klipps!c~,~dinator cc: The Honorable Jon Alikels. San Bernardino County Beard of Supervisors Timothy L. Johnson, San Bernardino County Valerie Pilmcr, San Bernardino County Planning Department Ina Petokis. San Bemardinn Comuy Planning Department I owls Neeb, San Bernardino County Flood Control Bob Michelson, Planning Consultants, Inc. Ma}~or and Members of the Rancho Cucamonga City Council Chairman and Members of the Rancho Cucamonga Planning Commission Rick Cimner, Rancho Cucamonga community Development Director Dr. I)an Silver, F,ndangered Habitats [.eague Dr. Dennis U. Murphy, NCCP/SRP _~_ Califomia Department of Fish and GamelNatuml Heritage Division U.S. Department of the Interior, U.S. Fish and Wildlife Service '~ Gabrielino Tribal Council and Nation (Attn: S. Thompson) The Green Partv cf Califomia The Sierra Club (Attn: T. Buchanan) Stacy Thompson 1,33 Rrooks Ave. Claremont CA 91711 (719)625-7983 April 1, 1992 Ma}•er Stout and City Council Members Rancho Cucamonga Civic Center 10500 Civic Center Urive Rancho Cucamonga, CA 91729 REy Proposed development of Alluvial Fan Coastal Saqe Scrub Habitat In the City of Rancho Cucamonga and in the " Sphere of Influence" of the City of Rancho Cucamonga. Development of the "Etiwanda North Specific Plan" I would like to start by commending the City of Rancho Cucamonga Eo[ working with San Bernardino Sage Friends and the Gabzielino People. We greatly appzeciat ed the opportunity t'o hold the educational forum on Coastal Saqe Scrub Nabitat and acknowledge the efforts of the city planning department to preserve habitats. It has become clear that the county of San Bernardino has no interest in either a habitat conservation program or in protecting the unioue habitat in North Etiwanda. Therefore, we Eeel it is best to support annexation of North Etiwanda into the city in order to have a better chance of pees ezvinq the azea.However, we feel that the cu[[ent Environmental Impact Report Is inadequate. In letters from both California Department of Fish and Game and the 0,5. Department of Fish and Wildlife speclf is recommendations were made in reference to preserving the bog, providing adequate 6utfer zones to the bog and to the adjacent National Forest, and to providing adequate hahitat to protect Threatened or Endangered Species. Hoth the Dept, of Fish and Game and the Dept. of Flsh and Wildlife recommend no development north of the utility cor[Sdor, t am now quoting from the July 3xd letter from the Gept. of Fish and Wildllf e, letter AB pg.54 of the Final Draft of the EIN, "Natural open space should be contiguous with the San Becnacdlno National Forest. 'fhe natural open space within the Specific Plan area should extend southward Erom the National Forest boundry to the existing east-west electrical utility co[zidor and then follow Day, Etlwand a, and San Sevaine Washes southward. This continuity is Lmpnrtant to preserve wildlife movement, reduce habitat fcagmentation,and malntair. alluvial scrub habitat 6y a.l lowing flooding and scouring. Debris basins within or above the 9peciEic Plan area would be contrary to this preservation. The Dept. of Fish and Game also has several recommendations for the pr. eservation of this area. I will now r. efer to letter N 7 pgs.49 to 98 June 26,1991. The buffer zones presented in the DEIR are inadequate f.or the co ntlnued use of open spaces by fish and wildlife that currently exists in the region. The proposed deveiopment will result 1n fragmentation of the wildlife populations and cause disruption of the movement corridors, thereby reducing the recource value of the region." The letter then goes on to site specific recommendations for Streambeds, the Bog, Natural Springs, Highorn Sheep, and proximity to the National Porest. Accord ing to this letter the DEIR has Identified the wintering grounds of two Bighorn Sheep within the National Forest adjacent to the specific plan and one that lies in the specific plan area.pg .96 " The bighorn Sheep is state-listed threatened and is fully protected by the state.COnsiderable deveiopment is proposed adlacent to the Forest Service boundry and Sts influence will adversely impact the wintering areas. Again, the solution resides in the prohibition of development north of the utility corridor." This letter also refers to loss of alluvial fan sage scrub habitat." The depatment is intensely conce.-ned with the preservation of the Riversidian alluvial fan sage scrub community unique to this area...Compensatlon for the loss of this fan sage scrub habitat should reflect a replacement ratio of 2:1.Loss of foraging habitat to all wildlife, including raptors and species of special concern must be compensated as well. The appropriate compensation shopuld be the preservation, in perpetuity, of the drainages previosly mentioned(Day, Ettwanda, and San 9evaine) and all property north of the utility cozrid or." Currently the recommendation of a 2:1 ratio of replacement of sage scrub has not been included. r_onsldezing that there is only 5a of all sage scrub hahitat left In all of Calif or r.ia a 1:1 ratio is not adequate. [n reference to the species of special concern It was recommended in this litter that because" the surveys were done during a severe drought conditions" that they should be followed up with a current survey to check for species of special concern such as the Banta Ana wooly star, the Ocange throated wh iptail, and the San Diego horned lizard .It was also recommended that this survey be redone In the spring. [n reference to the proximity of the National Forest the Dept of Fish and Game recommends " preservation of the wilderness-open space north of the utility corridor will act to salvage the existing buffer zone of the forest." The departments comments nn the Bog were " The DEIR provides unclear inf ozmation and proposed activity regarding the peat bog r plan area, The document does not delineate the precise boundrlea of the unique and highly sensitive boc~rea making the propose:', 200 ft baffler zone of questionable value to Sts preservation. To preserve the proper amount of buffet around the bog area no Development should occur north of the motility ..orridoz. This would preclude any alteration of drainages that occur north oz northeast of the bog and eliminate any potential fer Upstream interference of the bog's delicate ecological balance.11 I hope that you will con8lder thQ. proposal of no development above the utility corridor. There are obviosly many advantages to this option. I also Hope that you will con6ld er enrolling land and participating in the NCCp process which is attempting to preserve whole habitats. This is a wonderful opportunity to make Rancho Cucamonga a very s pedal place that has unique habitats found nowhere else in Southern Callfotnia. Thank You,~~) ~~ Stacy Thom~',rp(1.7//e^Ldr/G,(L/!, ~7Z~(,~-Q/1(Q. ~~,CJ~L,t~YL')Ik~k' ID I I~ k~i (.~~ ~-_ `1)1C12L~~aly - ~ , . ~~ ~,, i J _ JLP%11 l~L%,)iCL:L(~L'RD e'~Q9E.. Tt.(~~ cl iJc°-Y3tLrYtc~ Y,~.L.L~ ~`'~/LI~.YIAJ. ~`tS1~16'E+It~n~4z~' rou~V~~aE. ~R~?4cc(,rt,~C~a~i~e~cG~~~w ~~S ~. UU .~ ~, , (.~'2~re, ti v,~ ~~ l"t `~i.~-~c. bi Q ~T $ -{I c~ ji2~/.1 ~i~lwr~ ,~ ~ ~tT1L~!,t,~2g ~~a2~~' ~ ~~7L71G~Q), ~~ YL'VlL7 11~,1~ 1 f~LL ~Y: ~ ~ '~ ~Lb'Y(,Qk . f C-2~ Ati l , .,l"t~tb ~ U ~ •~1,~~L{ t,•r i i iS~. l,t>z7'?.-~ ')1 oLe; r pi~c~~,~-~ .~~a7~e~t~ UL~ ec '.~l1~rr~ m , t.~wr~a~~Y ~ ~2c~-cell ~,L~'~c,~,~~c~~'Ct'.~G~ U,~~.f~~~"~~i~~cls i~1-~c~; (U_e l,'~~-~~• t1~a-t~P,~~e~';~2• (a ~~r~.v>~a ~ ~~ (7~tQ,~td~z~t- f~ic 5~~~~-(.~,~2t~l~rYca~b ~)• ~o~~~ S~~o2s ~1au2 l'~'1 ~ fn ~2~~ I ~.~ ~t ~t~ tr~~I c Q Q.!+r~, ~ 71on -~,2~ l" ~ ` ~ V ~o-~ c~l ~ CJ ~~ h~.~~~ef Y~o-2t~ ~ ~ytolc~.~ -~1~-t~(9n--~ C~i~'Y~ ~ ~~ . (.EX,Ct'G~'?,~ rat+l~ .~,ui-s~cdov f 2 x-~(, i~(-u-Qi2~~c~ C~ ~ (~`~DL,.alC as/`(-C~,Y, ~~L~U~~nQ ~~' ~ ~ LJ ~t~~Q l,~`fl~c~ .~Q.J~"Q~.-~-~~ !t?an+-c~ ~ti~- ~'bu~illtni C~Q-~~d~iuc~1, (.~C~~u (~,~+~l~t ~~ ~'~~s~~o-2;)uN ~~P~t.~O~ ~~ ~ ~~ ~1-~~~.~~,,1~,-i ~tQ (/;; ,,~~ c~ t,lxl~'t? ~'~ ~~~~_ [~~k.~L~~(~L~-~f3'); G~ (~ ~C~E,{rr_(.U-! :)iD~2_~`~l ~d ~~l(j UII~ L'C'I (~~t ~,~ l.ii ~ tV 1 ~ ~ ~k. ~{~ ~- ~ .- ~ ~ '- ~L.~.~7r_Ct~t ~'r"l~(~rrt~:at,~itr~Y i ll.u .~ N"~u-~Pn~~ G~, ~~' c~^_~ 11~~ -f-(-~E ~~V.(i~r~'~;Ql~~-(1, COryYt~.CP~~L~ti~t. ON~L'~tM1L~}~.. ~^,J J~~ cr1 ~q~~txt~tv~. cL~ Z - ~(,' ,~ ~ik;t~(~,C,l ~`I'~ ~ C.~~K'.f_liJ-!' ~ c'L'eiYZ~-<-L:~ t~' ~,G"~ti~~ ~ - kiY] LL n - ~' t ., / J ~ ~ .cad b~Z ~ . -}- ~U411 ~Z.L),}(~'Y ~ ~.L C~k.~. vey~;F~yt 2X.~~~V ~11 1 (~~ ~1 ~C ll-^-`-'~~/ `~VLC~(~.~ I/ ~ ~` Y /V, (~ /, ~L~~~ C(.,~,C~4)" "i'-"-'~~rU ~Y~ ~/~k'..c~'/Si~L.CfiY"(~ l~~'{1.~' 1tl.L(-G~, ~,~I.~.Y~.U~ ~ ' "' t c~u ~? lo-r,,.L )~C'-U.c~ /~e ~,^ L~,n-I ~ tO~o~t~ .wry ~cu~ra ,~''~rC"~r~ ~I'C ~l`y~ ~' ~`~t~`Y)ts~ ,.f,vL !~%~G'~YL~~I-/~LR.4l~l -I ILG ~~t~r~i~~ ~ I ~YU IJV' Lu'' ~7-~. i~~ y-~( L~ ~ilC~ 71~'O'~~ 1.17 ,(Y C,C~.~~ ~~L /1~ -771 ~`C%~(!~,LU17C~~ VfL~`3 ~71.F-Ql~~~~ZC~~~t~-~ .fLCD.-- C:r (~ ~ Y)1, U.,,._% „~,Q~, E_ ~lQ ~u~QJ~LC~EL // ~~~ L.LhLGF,~1~' tA-E~.IAL LG'CE~tA~ ~LA~ ,1 (l ~ ~ (r~ ~' cur ; ~-~"f' ~ ~ ~~~`~: `9 ~~ ~ L~ tx~-f" (~1 ~ -~tti 1~ ~ e~?_c,, ~a t~-~a L ~ ~E Z,u~ ~..E? (,tJC~) c~(~~~ ~,~ (A~-io~'u~i.s ~e~n c~~6GC~,CGd «J~'~,~z ~a~?-~~ ~,o'~ ~. ~L~c;~~~~~1 ~~~ 3 31.4u'i~' _ ~ e~c ,L I L~~-~1~L~ (~*rla.~2-zrc~r~ l.ll ~~~ LC~(l~ ~ ~~C~ I~~~C~.c)1"/~C t G• ~ ' ' n ~- ~b'7 ~ ~JGL1~tLJc,3t G~12ut-~ ~LI11 JG4C~G~l1tq C~. ~6,~-c~ (~ Q ~`~Q ~ ,.r~ .-~I3-~? (Z.(,~t%Lct f~1La ~t-~~'^~f37 ~~C13-~f~l ~'Y~v~ ~~(71M1L~lY~I.°a~~. °~ J ~ 1(A r1 ~ L/~ Ci c~t..~ . JEflRY LE W!5 couu.nc¢s u uuInEF1 ""'p'"""°"` congress of the 2'~nited States OE[FxSE ,.°,U,,.~"."~. ~onse of ReQtesentatiues ~.".,~ ~neem ~~=.e~w:~~:„~°„,,.,„~, ~IDaahington, ~~ zoy~s-osss March 26, 1992 Mr .. and Mre . Arthur Trunnell 10112 Hel A ir Avenue ~ Mort Clair, CA 91763 Oear Mr. and Mrs. Trunnell: wasM„c.°x once v,x ureuw, xauze nec[ vuwne mo-vseu, nE0{A"p]~tll]~.S~II 4lEyab "„-.w, Thank you for taking the time to exp rest such poeiti ve support for the federal Endangered Species Act. It ie a pleasure [o hear from you and to ze spond [o your prioritise. The reauthorization of the federal 8ndange red Spe c'_es Act offers the opportunity to bring together aroupa with widely divergent perspectives. i believe that the Congress hoe an opportunity Co reform and improve the Act in order to achieve two goala~-providing better protection for more species and making federal tax dollars spend for this purpose stretch even farther in an era of limited budgets. Recently, Time magazine addressed this challenge in a provocative essay. The essay concluded: "(The Act's) species by species approach does little to avert conf liot...The answer ie...focueing on entire, ecosystems rather than on a single species." 1'hie ie a point on which I hope everyone can ngree. California, which hoe so much to protect, ai 11 be a leader in implementing [nose reforms. The Fiscal 1992 Interior Appropriatioas bill, which I voted for or. Octcber 24, 1991, contains $600,000 fora pilot etude of the multi-species habitat conservation concept in the coastal eege ac region of southern Califprlrya• Endangered birds such as the Least Hell's Vireo and the Ce lifornia Gnatcatcher are expected to be the beneficiaries of this pilot program. Like you, I will be anxious to learn. if this multiple species habitat conservation concept can improve existing effozie to protect our treasured wild plants and animals. I was pleased to learn that you support reauth~rizatior. of the federal Endangered Species Act. mcerely, Ser wit `!~ ~~ V MI~/3m of Congrg ae SL:de '~ r t ~ ~~ ~. ~~ ~O ~ (1 ~J - _ ~ i SATV RD~1Y, 3ilNE 29, 1991 A~$ oc L~~S ~1~1~~~~5 ~l IMPS _ Quakes in Pefis~ctive Fri'day's 6.0 magMtude earthquake, centere0 7 u miles r~orthetast Sierra Madre, was considered a moderate tembla. Here are sane a! tl state's-previous tlvakts, listed Dy msgr-ittrde, w+fh casuaFty and damat esttmates: to Southern Catifomla: • 7.7 Bakersfield: Jury 21, 1952. 12 deaths ^ T.5 Lompoc: Ptov. +L, 1927. No deaths; mirror damage ^ 7.1 Imperial Valley: May 18, 1940. 7 deaths, more than $5-million damage ^ 6.6 Mnperlsl County: Nov. 24, 1987. No deaths, $4-million damage ^ 6.5 Sylmar. Feb. 9, 197 t . 58 deaths, $550-million damage ^ 6.4 imperial Valley: Oct. 15, 1979. No deaths, $70- to $100-million dama~ ^ t6.3 Long Beach:rMarch10.1933_102deaths~$50_million damage._.___-_ • 6.3 Santa Barbara: June29, 1925. 14 deaths, $6-million damage ^ 6.2 hnperlal County: Nov. 23, 1987. No deaths, minor damage ~ , ^ 6.9 VVlrlttler Narrows: Oct. 1, 1987.8 deaths, $350-million damage ^ 5.8 Bakersfield: Aug. 22; -1952. 2 deems, $1 o-minion damage j ^ 6.5 Upland: Feb. 28, !990. No deaths, $1 d-minion damage Other areas of the state: i .. ------ -._...~- ---- ^ 8.3 Sari Fiancleco: April 18, 1906.600 deaths, $d00-minion damage ^ 7.1 Loma Prleta: Oct. 17, 1989.63 deaths, $7-billion damage ^ 7.0 Humboldt County: Nov. 8, 1980. No deaths, minor damage ^ 8.7 Coatings: May 2, 1983. No deaths, $31-million damage • g,2 Morgan HIII: April_24, 1984. No deaths, $10-million damage SOURCES National Oceank Atmospherlt Adr»dnlstraflon, U.S. Geologkal Survey, Earthquake Country PoDcrt Iacopl. Caldomra Divlsipl or Mines and Geology,_Times w+re.services. Comgled try Times researcher Mkh»el Meyf LA TIME S a repeat of the experience. Yet there are otF>,frs who ignore the dang~Ji~s. Ai By HUGO MIARTIN t nu~~~rnir WNIIIM SUI1, In Southern California; As the brush fire raged through where brush-covered hillsides his Bel-Air neighborhood, licking burn with regularity, the most at his wood-frame home, Bob disastrous events can fade from Wulffsohn cllmbad to the roof and memory-particularly among fought off the wind-driven names those who arrive long after the Z with a garden hose. ommunlties have been rebuilt. "When It first hit here every- "The lessons of past disasters thing just lit up like a Christmas don't stay for long," said David tree," the 81-year-old retired acr- Brown, vice president of the Las ospace worker said of the 1961 Virgenes Homeowners Assn., an blaze that destroyed 181 homes and organization of homeowners in the torched ii30 million in property. Maltbu hills, where brush nres are - "You couldn't believe the roar and frequent. "We get people building the sound." on a ridge top, saying, 'Oh, boy, I Wulffsohn saved his home, but have a view of the ocean,' and they - was powerless to atop the names don't realiu that they have an from devastatin6 his neighbor- atomic bomb... below." hood. Vowing that It would not -~ Said Los Angeles County lyre happen again, Wulffsohn and those C+Pt- Mike Richey. "People get neighbors who returned to rebuild ~+Y when they think Il can't their community installed eprin- happen to them." klers on their roots and have Jn the 30 yenta since the Bel-Air ` remained extra vigilant about bleu, Southern California has had trimming vegetation around their at least 36 maJor brush fires that I1Om~• Like Wulffeohn, those who have have killed 23 people, destroyed more than 2,100 ttttvctttres black- eurvlved brush nres arc extra cau• , erred about 800,000 acres and tlous and often go beyond what the caused ttaore than ie27 million in law requires to better their thane- damage. The tMnd-driven Oakland ea of atuwiving another disaster. fire klUed ~! le, chatted 1,800 Others were eo sensitized by the acres, ye t re than 3 000 powerful !eievlaion Images of the , Mmes and caused about =1.5 billion blaze that destroyed portions of the In damage. -----» Berkeley Hills that they have be- pay ~ a ~~ compliance gun turning in nelghborro who vio- ~vlth ~ safety Lwa Is extraordi- late nre safety laws. Fire depart- ~y high to Loa Angeles and the menu have reported dozens of Uni!>COtppratld eamty, accordlnir Ocfi. 29 G ~ - ,I Qt~te ~olne: stow tt'Nappens !be 1rE+Otodr Q.0 eartPprnke that omared along t}K $ierra that hr ~ Ixen ~:,,~ld ir,;~he~~-e. ~e~ Ysie (lull m PAd.y7 endrd a ynr d rismx Q~nesrence m ~n a l i oYvS l SantlKt* AlHornu TTe Sierra Mdn Flu1L rMt6 nma (ran ~ `jC'~-''S Ltd h.~.~.~.cl rrs{ S S)lmar fr tDe .M to Upland tri llr Bids ~ Mt playa in a drama ','j' ot~,er ~a.1; f.wi~a j~'a,tiLi'~ ,'tl,C S~f,w~ R1 daik-E. ~ C,.ezt~r:-1 lx~ .. ~~~ ae7 O1eR[l MXMWy! I C.~(v wz(kS (`'rl'CS Ca:-~+~e C~ la ~:~ ,.. sn.sa~,ar ~ t4 c c~~a„tom}ec+r»+,.c ~I;ctc~~ _- combs aY.u.~ umaarx o l ~j`''nci'~~-~ ac~~~wsl each ch,e:r .e.. a. ° nea.-1~ .~ !The rutbs+g d two plates oa*roresses dre lend, aeedrg 7Ulseef M It1e tent S~1 G~1s1 that COI only be nNieyeC aMen ane Isle MOentlille Dldtlt tnoyes up end Dyer tis nefdt+bor. 71+e medrrMn for that k e tfrust faun, such s do 51erte Madre. that dips down htlo -- . tits Earth a- start • 45-degree sYpe. ~~ /'. 1. . l f s t .o» . .. . te-re etoc« tAd w . ~~ MawxaN,s br about Z ~ . ~ 1 lAtws ware ,, ~~ ;i~, • !s Y ~ viassive Pressure ~ - --- _ __. _.. .. :.._ _ ___ - --- _ thr ~ In thr>~n AMreu M• w , n mo erwtee a omtidlht ntaae d atxa ~ ~era ath th E th rh<lwo 4tn Nide harteattWl 'laatte'nn Ihr Pactik PMr P musl aameumn Fn pla a ~~ North Amerlran e e ar ant alarLL wlKn prk tlrcn mow foraraM Slnln aaeaaureanentt In thr t-mualt an earth wke. TAe San AMrco, tsaeFMeltw soot r Is Aryeltr c I ' ~ ` 1 /~ V 1 N M ~ h.cA was orated -Y the more. Nlsw 1Mk Mi/e tlNMra d~ Ne ! -/ ' ~/ O , ^ ^ ^ ^ 1 ^ C O ~ Mllh tart w t*ptaslla eldee d 1ud A'tlpw tvo patrr abmn aY • l F 1 • y K11 111V e Sul AnMtM a:r /uMMt millnn lean sao, r • Wl tetmop- ~th _ ~ l~ ~ Kalive in • say Intl hr produced ~T^~ bl.'k Onkr IINhV [hrl • $llttf11010p: IAng dofmsnt Siena Mtldre Fenlt I numerw maanWn rttnar. ~t~ ~ ~h~ buckled Ulldef tftTflL7ldpV$ St1e9S Itiatt~ to the Hecawe Ile San Ardrtwa tamde aK ~YwPnaelOttei leaNwk" At I tzar Irarkfieid N Cemnl Glifor- movement oFtwoJyent plates. ~ tw abtedu ~1w'the ~"~""nrio1Nb`^140~'- rtlbabuNYaS-~iam~S4~f- a h th IM d tM t e o er. c aa . Y Pu vdN woreweld -lolle oIS rot ' Paclrx Nate r drlvhta ftMa the 9. IF.E nYE Vi\.t,lW Y Oast Year. Oe told Yany afttr- n k Itmorc ~ ~ra-e b ale York r 4,xth Amtrfcan Phk, Iike a (iN fweM tgNdetOOwrw Mattbor. l r:r1( a 0[ j aR KQeetrQ bV{a[kntrta I'1lO a clove, other tlyn nulma The earlnlwke that }once rd lhecMmc that fhb magnitude ~ yrke r a preelYq b• b e'r smopthly pant. Th^t r what hl~penrd at 9:47 "Th ' " i :oulhern California on Friday -wmmg bowled the San tiebrlN a tpaJle IkNy. r ' ere s the wrbkle, rM aeh- a.m. PYIdIY, mMOgiat Inayla JOrth d the U.& The Skrra YadR Mtll r . Mounwm up • avuple d inches . - kd ta a tetnb:d ~ Fndq aR part d the lake paape mfr Cmlogrd bYeveY'a Plardena d- IhrtYl hWL wsWna INl h dip +M dmlumrated once apln Just pay H Uey liw m . geakgkalll f,ce. loco tM Ctvl-rrt d bke • cry ww cane artaa d the Ina An lee Se aellve R'61an ouch r Southern ~ rw rbamublc Ice steep freeway rn•nmp-al Nt an- It m ~tasin are more rulnenDle to Glifanr. !t awY alw be aralAd acntme thw atwm M Itte Fil th'a air d awn g5 dearea. Thal Taker than other. Nat pukes make the am eedr- 'cruN woad a1111 aaswlrl b lne aeatrtetlt d the frlt by nN been In arnml. Ixopk closest b the twke /Nl n Urr moat Even at •Dk bevnr IJ1tJ R Oarl d ~ psoru tluttteted tM lfault, in tllr ew, awllheaN b wuve fy' .aytV• tttaryry decades, bsY eelaalttru have and elnln'hld Seen rdtdlrta tq northweq mmsdKaDle etaanrea, tM Dyke ramWn and wneri »tn'gtve the regbn ~ , found thN Y sIN tie arr. IraleM. ,IoM extetrvr aNtmg bttalat .f varnlara in (roloeY thrtagMm rK Iw S much dlr eharaetn. 171e gwke coracle b a krla-dor• ' ' '- whether that anrltatbnal eti() story the huN W fetal time. route sotneltow poll lbw cep :n. ome Nruelura tared xltrr thin alhva Put1Y becauw aunt egtwm d 111e Slerre Yame pyph IItN ear albs ilk fadhlW When the Mnln ezQedM Ur Nw trlggerlrla taithgtrkea In hi the neearch. Kr4poff fount clot soak hNl'e aYpl) to remain locked inry w~epkle~it~tn. anAY fmm &. awke'a Put Y frost SYIwr b SPlettd T-M plan t M d ~ I , FiM Urmblyd. The la0 ehtwka rrge pukes on Junkurr hullo S h Y Mw -aan on p ~a1 rrarr ayMan d htdY IM ih U out ern Celllonh did seem NM a-eaA Mare feel Ne ~ ~ r rtmer gnin+d M u u u aeabn pe- lwlam two plam etarltkl N lM hWt. YM me alde y Net occur moR fRpuenllY when the prhad t 'ee•eamp" enatllaA b ndae ~ moan ar etcher newer cull m any earthp ke, lM erlK- xenna pWllY d tM homes and R 'a crrl rtkd teelarae pttdea . enppelalr NsOW lap w Nee-~ The porno aR fu from eor'k ~ IurlMnae d Smnlum CNNorma '~+Ae domltvsM Irlt-a d Iltl hteltw.cNlwhy Haukwonaakt I tingna to m anY acdentiar, tuff dao made a dpfenrua. airth• pukaa d a NmIW maaMludr r 1 purpn hetasen those p4tu Y the San AMnv /aldl, • sort d TMl made the Sen VabAeb a~ evm Knopotf remains akeptkea' tlttk LLikr tr a peotar Uyt Asa P4Memwn. Etcauw tlk t1tevry ~i~~~dthe rand Mre k111M aeoOhYanl aadfNWe Uul alY be`~n fldNrntar wrenl mlllbn b!mdaallttle taco much like wtro(- tM shoo far rarely lM entba Iorn I oSY. Krlopoff hm Ir'ed b mope Indeed, hoe rt happened • few ~ rites eoutA, tM tooaepuencn moat d 6illfomr. tattle Imee clot r not InStunoeA~NNU ~ tl alw made • lot d fdlu I ~' hr tW leaaud do rot Nink Ike rrrY belkrea he nn do wMl ma A f •ouk Mve oven iu at'ealar. f1w- ,matNY.lhe9¢trr q~ear~r rrea k aendary raptor, whkA rurn ftvrlG aaoswhaa new Iha kradr tat Om arhble. thte d Utaae wY loan K taperh believe rp one can dog ~poR. prtdkt earthywkea SrUw ronheaatdSfarn Mahe. ~M tbN albwad wad d aha with YeNao m off the ooaN d Yw.t.rt...ar.we.~n.,aa_.- _ ~ eadlphylleletNUCI.A. Wllh some vepldNkn, Kmpo(f ~aY~a coulee hit twro Mrian+r •neraY r~vrw tq saw ~raa m apWNN arcs ~aaed~ 11 h Itad aacunM tatds atY d M enlr M tM SrOatarlel ~a1kYk ve waum m~~ewewatdw~raepn aallelt wan 1 eM.ClWacit wlwoledeL The puke are satdM b'alav- nally low kvN d eemnle aNIrNY rwthwn QIKarW' orw Uu 71w San Andreae wr erealM -1 tM movemem d tM PaNne PING tM stun main d ar floor floc uMerib nerrlY the emir Mfr Nvut- aaanl Ur Nash Aanaleaa Phu. whkA tatdsrllr lha east. nnA TM Patdfk Nato ddrb IanlY b' orwa4 'taw tWp adlhln Ile larN'a wd/an lalmlr, caeca teMw«t.rd NwY tie Mao d 1/ar YertA Aarkan VtMe, and • cdleaatu publMMe an anol• a (ull morn. rrly In Ne day w yek wvenl Ynn ago wagratirig the sun and the moon weR tuggl lMt the Nlanmcnl d tM FiM, krntadM Faopplroik aides d Ne Sk nrtlquakea Whettever~ n • Il doesn't mran anYtMn` ' full morn,oranew momt.lM: Ntee K110P°ff uid shortly after the bodln arc Ntane4 and this tM ~ke Nnrck. "It's Just anothlr anvlUllaul Influence d the sort tin the NaUrJs" ~ a ~tmdlt may pe hyher Nan ~LTannn ue. he hu_not Ik_aM Many ackntlala Mve wondered ~ ~ , .. Cucamonga fault zone scarps, Day Canyon alluvial fan, eastern San Gabriel t't~lountains, southern California D..tf. tlorlozu J. C. 1(aI(( and 1. G 7ins/ey, L'.S Geolo2r<¢1 Seines, 3J5 .Ntdd/r%:atA Rn¢Q ileaio P¢rk, Cuiilomm Y;/. < SCC ~f <, e ~~., , ~. ,. a,. J, - -..._ - .,.. .. a . . .. r ,_ .. a.. ..... ... ......~.~:.. .,.,.. ....... i...,....s /~;_ ... _., . ..... r.~-..... .,.. - ~> .. 1 __ - ~ - _ Fq+rr I. Map showing geolog~.c releuons along the C~~umonga fau6 Bone at the south margin of the eutem Sen Gabnel Mountains. LIX:AitON AND ACCESS[BR.RY The Cucamonga fauh mne divides the high eastern San Gabnel Mcuntains from a broad allm~ial apron to the south. Th< sre ~< to-atuf on the Dey Canyon alluvial fan where strands of :he Cucamonga fault zone have produced impraastve warps aoss- ngthe fan surface fFig. I). Th•s site is readily accessible b} eking the Bxsehne (toad exit from I~10 approximately 10 mt (16 km) cast of the city of Onurio. Dnvc J.25 mi (0.4 km) west on biellne Road tc Etiwanda Avenue; turn north and go 3 mi 1> kmi to the end of F,hwanda Avenue. At the end of Edwanda Ace; ue, an easFwCSt onented dirt power-Iir.< service read 1s parallel to and )mt south of the southern fault warp oRhP Cuca- monga fault zone, Proueding 0.3 mt t0.g km) west from Eo~ wauda Avnue on the power-line service road, a din road leads north up the Day Canyon alluvial fan crossing the southern scary of the Cucamonga fault zone. This road ends at a locked gate about 0.5 mi 10.8 km) from the power-line road. Thu point rs vmated cn .co o(aoc of the northern scarps of'he Cucamoege fault zone. Tile U.S. Eeres: Servte? buildings, refrned to v the Day Canyon Stahon, a:e located south o(Ihe faked gate et the I~ 200 D..N..Nonon and Others top of a I30 h (YO ml h[gh scary. The din roads can tx rough, but are generally usily passable for passengu an SIGNIFICANCE OF TTIE SPEE The Cuamonga fault zone is one ekmeot o(a composite fronW fiWt syTtem, commonly referred m e the Mahbu~ittn Madre-Smm Monies-Cunmoop fault system, or mne, which forms the southern boundary of dte Tramvme Ranges Proviaa wen of the Sao Jacinto (aWt. The fiWt zone u comidetrd b be the ruui[ of wavergrna of the PmimWa Ranges to the mouth, monk the Transverse Rangb [o We north (Mor•An and Matti, 1987). Thc minimum mnvergaa rak at Day Canyon is approx- imakly 5 mm/yr for the last 13,000 yarn (Main and other, 19A5). Earthquakes produring the scarps are estimated w Gave had sudace wave magnitude of M 6,5 to M J.2, and produced venial surfers displaamrnb of about 6 h (2 m) with an average raurrentt intmel of 625 vars. Thc Cutamooga fiWt zone has a width of 0.5 mi (0,8 km) and hss the grotto number d youthfW fiWt surge toting the alluvial bin flaeltiog the southetn ourgip of the high San Gabriel Mououins. The Day Gnyoe aBuvW hn r mnlaim the greats assomomt d young carpe and Ne mtW > deulled Quaternary tectopic record eloug the Curamooy fault )` (FcJas, 1928). SITE QVFORMA71ON Thc Cuamouga faWt wa btte tarnish d a series d anu- bmosiog, north-dipping reverse and thrust ftWb, with au abuu- dance of dixootinuom mouth-facing carpe. Starpa extend discopdnmmly aver a distaoa of l4 mi (22 Imo) belweee San Aomuio Canyon, 8 mi (13 km) wet of Day Canyon, and L}Nc Crak 6 mi (10 km) m the nst (Morton, 1976'j. a the ten WSer alluvuiel tam alaeg the Cuamonp fiWt roue hetwern San Antonio Caoyoo and Lyde Creek W except ore, the Deer Canyon ho 2 mi (3 km) rout of Day Canyon, have entrenched fin heads. Fault scope cut W ages of alluvium exapl oe Dar Canyon (an and the atAVe Wuvium wverieg the a- treoched cha"MI• In the era d D.y Canyon fax the older fiWb are primuily bated in the ocrthun part d the ma whore they are within myboine baacmmt rock a arc thrrru coetaW bra tweed mylortitln haxmwt and Fleigoune a8uvium. The upper pWea of the tbnub commonly show evidence d Mckward rou- Uoo. The younger fiWb ve lamed m the southern put of the moo where thry wt 13.000 yr old and youryer alluvium. 7h< ddut and highest carp oo the Day Caoyop fee is oat the Day canyon Sutioo where the maximum height n I31 fl (40 m). The strop u paaerved hue btnuee it o w isolated bedrock keoll. Thc knob h apptd and Oaeked by alluvirw; the slap (36°) wrp fta u huemeat covered by a thin veeeu d cdluvium. The age of the alluvium appieg the Imdl u eenmated m be o0 okkr Chao 13000 year on the berm d soil Pmhk devdoprpeet On the motet side of the building arc a lowtt com- ptxda scup 40 fl; (12 m) and apalm-rtream channel with a talker g<o0<gradirnt (iS°), which may re0ect inmmplek degq. dadoo of an Wtiallv much stager carp. ~ The southernmost carp puallelieg the power-line trod oa Day Canyon h the most imtructive m deducing a sequence of surfict mpturing Wnbo-faulting events. The age of the WuviW swiau cut by this composik carp h estimated w he 5,000 yts The length of this needy linen strop n 2,5 mi (4 km), Togo- gnphx profile tx7nttructed aaob the sarD show heighb ranging from 6.5 w 52 h (2 to 16 m). The highut put of the carp h ruddy seen just roes[ of where the road leading m Day CaeYOn Suring aossu the fidt scarp. The Wwest scarps arc ben sera a both odes d Eau Etiwaede Caeyoo earl of Day Canyon fern, They an be ruched hY Weiog the powtt-L'a road au from Etiwanda Avaue 0.3 to 0.5 mi (0.5 w 0,8 km). Of particvlu interar u the greener of thra diHaeot height starpe juu m the wen d the atrenched fanhad of Eau EGwaeda Capym. ggpy ha.nrs.,e sm...~etned m have been mrd~--s T _.t tide d 6.6 ft (2 m). A trench mu tabs the southernmou snrp dthe Csscamonga fiWt rm Day Canyon tan expded a 35° Muth dipping, 6.6 R (2 m) thck fiWt ram u uamria0y the otdpdol d the tarp tam The carp famed ftt9m an initially uefiWted a8uvial fan surfia, pretuved ooa u ttcaicoil remeasb u the tap d the 52 fl (16 m) hqh carp. Thin nlr4s wn nlbjx4d to a series d thrtbl-fiukm{ l9eob along ^ taltlvely thin aheu woe Earl went pwdltad surfv~. helweeb 6Wdag epitodb rrmoved seprcan d the wry. Producing a uePPed tramvust promo. Each step tap resrnb one or pobtbly more Ihruu-hWliog evenb. T4nllhl southboIDON comPae;re Cucamonga hdt_antp apppb m rs rnrd dev~ma -u~t erthquakb, orb-odudot a 6:_(2-g~.. wmpwreot oTvvt monk a rearcatt interval d approximately 625_yy1n. U movement w tho fiuh u a8 dip-dip, the tlisplasmmt for each evert would he approaimaWy I I ft (3.5 m). N 6.6 h (2 m) vertical oHtGa formed the 131-ft-hqh (40 m) scarp st Day Canyon Sutbo. the recurrence interval for ground-rupturing evrnb is about the same as tieletmined Fa the southernmat carp. 650 year. A 0.5•mi 10.8•km) hike up Eau Edwanda Canyon above the powu-line road leads w ere expmure d mywnidc bbrmem thrtMl over Rtistatoe gavels The fiWt a the expaab, a the eau ride of the wan, dips 35° w the porlb, which a typiol (or the dip d the Ctramonp fiWt REFERENCES CITED Fdia 0., 1918, Apusvl fad w de Cunmoep JimM, eoelaea Calaq~ 1wueW d Ge°lop. v, J6. a 111-I11. Mud, J. C. Mama D. M, utl Cm4 R F, 1963, lx+nkauaa rrtl amki Man°u d hWt srrremr m th wmlaltY d der CexpW Trxaaweu garbs ,avow alda,vl.: Us. cepka+t swvty opaFV<Pe4at as>dJ. n ~ Mama D. M. 1976, Cwabpc W d der Cuoapnp huh epee Eeua 9b Aetaen Cwym aM lye Crwk, rwdaw Calgueiu US ammPal 9urvq Opea~Fk Pepin 76-'176, ale I]I,OOD, Marta, D. M., awl Mu4 J. C., 1917, lY Cwabar hub aaa: Dedulk emq W Qrgprty nary'. US. Gealrpnl9wey hpl~rd hpr 1J341h prrar\ "~ ~~~~~ I 7 ~ ~ G-{.~ ~`-G~~~ ,Q.i~.S~ ~i'GL~ ~ Pvf-K,U'lvrlrl,C; ~ CL'1ti l,~y.i. tit ~[,l'~~ ~ F ~l.tz ,.r ~ ~. ~ 7 ~yru,~ ~ :~.`v , c,. ~ ~ V..m /v U. ri ; t. C"7t ~~LLE.'LC~~I ' ` f . alt.. %C'~eu Y r.YV.~'-4i ' ,ii-a J j.tiVC ' y c,,.uc. ~' ~ . . ,'vC~ ::yam ~~: ue'v t ~~t~ iti .v+%X-Zt.! r ~ Y ~. ,~„ /~I ~,~.,, C jI,G i. , G , ~ w ,w.i- t iu- " L ' G"Y c~.-t 5 v`G~s `<"u~+.:-G(.':im5 l""' ` '°v v. cL~_K:G{i trc(!.L ~`Y~ yK : Y ~'r;.;.. DRAFT G° ` E NVIRONMENTAL IMPACT REPORTiSTATEMENT DAY CREEK WATER PROSECT DAY, ETTWANDA, AND SAN SEVATNE CREEKS DRAINAGE PLAN MASTER PLAN FOR SHE SAN SEVATNE CHANNEL ONTARIO AND RANCHO CUCMfONGA COMMUN I'IY FACILITIES DISTRICTS County of San Bernardino, Lead Agency Respon sib]¢ Agencies: United States Bureau of Retlaoration San Bernardino County z'lood Control District Riverside County Flood Contzol and Water Conservation District City of Rancho Cucamonga City of Ontario City of Fontana February 1984 By: Plan n:ng Network Bilt Mann a Associates 1445 B: yan Avenue 1814 Commercenter West, Suite A Tuatln, CA 9268(1 San Bernardino, CA 92408 CALIfORNiA STniF LIBRARY ,. GO°ERf!MEN7 PUBLICATION f~ RECEWED ~' APR - 91984- ENVIRORMFN11l ~ ANALYSIS DIV. .~{ : ~ ~{1'cN~ Contact Persons and Participants the primary contact nerson :or thrs report is Steve Latterly, Environmenta_ Anal;/st for the County of San Bernardino, He can be contacted at 385 :'orth Arrowhead Avenue, San Bernardino, CA ["15; 38?-2'_87. An alternate coca act person is Lloyd Zola, preparer of th~s cavort. He can be contact_d at Piann:ng Network, :OSj North Euclid Avenue, Ontario, CA ;714) 983-4'_54. This Environme.^.tal ITpact Reyort/Statement has been prepared ^nder the direction of the Day, Etiwanda, and San Sr_vaine Cre e.ks Drainage Study Steeri r,g and Te r_hr.ical Committees; the Riverside Cou r.t y Flood Control and Water Conservation District; and Bill Mann s Associates !Project Directorl• Assisting Planning Network in preparation of this document were Bill Mann & Associates; Karlin Marsh, Biological Consultant; and Archaeological Resources Management Corporation. Day Etiwanda, and San Sevaine Creeks Drainage Study Steering Committee Bob Townsend, San Bernardino County Supervisor Melba Dunlap, Riverside County Mayer Jon Mikels, City of Rancho Cucamonga Mayor Aob Ellingwood, City of Ontario M.a yor NatY,an Simon, City of Fontana Bi11 Wren, Chevron Land and Development Ralph Lewis, Gewis F!omes Day, Etiwanda, and San Sevaine Creeks Drainage ,Study Technical Committee Bob Ingram, San 9ernardino County Flood Control District Ken Edwards, Riverside County Flood Control and Water Ccnser'~ation District Lloyd Nubbs, City of Ra^cho Cucamonga LeRoy Bander, City of Ontario Bob Schoenborn, City of Fontana Joe DiIorio, Caren Company Bill Budge, Ontario Industrial Partners S,. r,r r ,,/r{: ~ f4k GL~Q~YLC~( F~~ ~C~.t Yt.l~sL~ ~~.,-,. 7.L~ ~r~J f '/'~L 'vc«ct~ ~- Southern mixed evergreen fores `, is often linked with montane r.parian habitats in ;riddle elevation mJUntain areas. Riparian wcodland components are fcund alo rya stream channels with mixed evergreen forests located on the shaded north facing slopes above, blending together at the base of the slopes. 4,5.1.7 Sedge Bog Near the site of the Day Creek Cebris Dam, on [he east, is the unique bog environme nr. apparently created 6y fault drs[urbance to downs lone groundwater percolation. The result ar.t bog contains standing water on an occasional basis, and is otherwise a permanently moist ar ,a. The site is dominate by wire rush (JUncus cf• talticus ). Scattered about this meadowlike setting are clumps of baccharis (Bacchar is ef. emoryi, B. olutinosa). 4.5.2 Fauna 4.5.2.1 Amphibians and Reptiles Numerous amphibians commonly occur in the project vicinity. These include: - California tree frog (Hylla regilla) - Calrfornia slender salamander (eatroc hospes attenatus) - arboreal salamander (Are ides lugrubis) - western toad (BUfo bore a.s) The western spadefoot toad (Scaphoiopus hommondi) is probably fairly common in the dry washes along the base of the mountains in the study area. Likewise, the red-spotted toad (Bufo punctatus) is found in rocky canyons and arroyos, and may be found in the creeks above Highland Avenue, other species exhibit broader habitat preference, and may be found in a variety of moist sites throughout the study area. A complete listing of fauna expected in the study area is included in Appendices B and C. Up to 21 species of reptiles have been identified in the vicinity of Chaffey College which might be expected to occur in the study area. Of interest is the San Diego coast horned lizard (Phrysonoma coronatum) which was found in the vicinity of the Day - 61 - _euntry, including upper Day Creek canyon. The Cnited StaCes Forest Service has recently completed extensive r=search on the bighorn sheep herd, and found that dispersion to the site of the proposed Gay Creek debris dam occurs among wintering rams. 4. x.2.4 Sensitive Resources Within Primary and Secondary impdCt Areas ~9) ;10) Three habitat types of oarticular biological value are found within the study area: lcwland ziparian forest land, alluvial fan scrub, ar.d sag pond bog. Southern California 'o lack walnut woodland is a fourth, moderately valuable, habitat type. Southern mixed evergreen forest is represented only by outlying canyon oak tree specimens. These are valuable in themselves, but do not contain the range of associated biota found in areas of extensive community development. Coastal sage scrub haoitat is valuable where it is particularly ertensive. Grasslands within [he project area have a low or moderately low biological value. Their floral comp os iCion is highly altered; the it settings are disturbed and fragmented b.y urban and agricultural develop me r.t. Local grasslands do, however, function as biological reservoirs for Eauna displaced by ongoing urbanization within the area- Lsolated brushy habitats, such as the olive stands south of the Kaiser Steel site also function as small habitat reservoirs. No r. are or endangered plan[ species were found in [he channel areas and adjac e..^.t lands. Several species ara of potential occurrence, except in the now-managed or previously disturbed channels. The following plant species, identified as raze or endangered, are of potential occurrence within the primary or secondary impact areas of the porposed projects. Plant species listed by the California Native Plant Society (CNPS) are shown below as well as those species which are candidates for federal listing. - Thread-leaved brodiaea (Brodiaea filif olia). CNPS rare an3 endangered; Federal category 1 candidate species. (111 This species occurs in heavy clay soils below 2000 feet above sea level. Although the species is listed as of potential occurrence within the study area, appropriate substrate does not appear to exist within primary and secondary impact areas. - 6? - Slender horned centrostegia (Centrosteaia leptocerasl. CNPS rare and endangered; Federal category 1 candidate species. This sFecias has been previously documented, but is now 'oelieved to be eetinct in the project area. Members of this sFecies are known in the San Jacinto Valley in Riverside County. if this extremely rare plant were to occur within the study area, its most li:;ely area is believed to be on older benches in the Day Creek Spreading Grounds. However, areas of truly sandy substrate where this species would or_cur are r.ot common within the project noundazies- As part of the biotic surveys conducted for this document, a search was co r.ducted for this species at the appropriate time of year, but was not found. - Many-steamed dudleya (Dudleya multicaulis). CNPS rare and endangered; Federal category candidate species. This species is charactersitically found on breccia derived barrens and in areas of native grassland on clay substrate. Although there are verified localities of this species n_ar the study area, appropriate habitats were not encountered within the study area. - San Gabriel bedstraw (Ga lium orande). CNPS rare and endangered; Federal category 2 candidate specre s. I:2) This species has been verified in the Azusa quadrangle, and is of occurrence cn the San Gabriel Mountain front within the National Fc: '. - Brook foam (bevke r,ia rotundifolia). CNPS rare. Brook foam occurs in shaded spring areas and along mountain streams. It can also be found at fairly low altitudes on the mountain front, if conditions are appropriate. This species may also occur in khe higher reaches of Day and Smith Canyons, buk was not located during the field survey, and is not expected. - Rock monardelle lMonardel le vitidis saxicola). CNPS rare. Rock monardella occurs in dry rocky places From 1700 to 6000 feet above sea le~~el. Although this species was not detected duriny the field survey, it may occur in the Day Creek Spreading Grounds. - Yellow dicentra (Dicen[ra ocholeUCa ). CNPS Appendix 1.(131 A single specimen, tentatively identified as this species was found in the Day Creek debris basin site near [he dam breast. - E1 - - Santa Ana River erastrum !Eriastrum densif olrum sanctorumi. CNPS rare and endar.gerzd; Federal category 2 candidate species. This soecres rs a s'.:6shrub endemic to the Santa Ana .aver watershed. Documented from Lytle Creek, Riverside, East Highland, and the Santa Ana Canyon, it could be of potential occurrence between Limonite Avenue and `_.. _. Santa Ana River and above Highland Ave^ue rn the .San Seva:.ne Creek watershed. Sensitive fauna of varying status occur within the study area. The following list ci^. es federal threatene3 or endangered species, federally fully protected species, federal candidate species for threatened or endangered listing, State of California endangered species, Ca ].rfornia Natural Diversity Data Base (CNDDB) "Special Animals of the California Fauna', and National Audubcn Society (NAS) "bluz list" bird species. - San Diego coast horned 3i?ard (Phrysonoma coronatum blainvii lei). Federal category 2 candidate species. This species is expected at [he Day Creek debris basin and may occur at the E[iwanda Creek and San Sevaine Creek debris dam sites, as well as at the Day Creek Spreading Grounds. - Collared lizard (Cl~rotaphytus collaris ). Na listing. A drsSunct relict population of this desert lizard has been reported on the east side of the Day Creek debris basin site. - American peregrine falcon (Fa 1co peregrinus anatum). Fedecai and Califernia endangered soecres. This bard has been seen flying over the Chaffey College area, west of Day creek. - San Diego mountain kingsnake (Lampropeltrs zonata pulchral• CNDDB. Th;.s snake may occur in the proposed debris basin areas. Two striped garter snake ~Thamnophis couchi hammondi). CNDDB. The two stnped garter snake may occur in moist riparian habitats at the northern lrmits of the study area. - Orange-throated whiptail (Cnemidophorus hyPerytherPS i• CNDDB. The ora r,ge-throated whiptail may occur in riparian woodlands near thz Santa And River. - California lyre snake CNDDB. This species may be of uncommon occurrence from Highland Avenue northward in the Day Creek watershed - 65 - - Turkey vulture ;Cathar!es aural. NAS. ?hz C.: r:tev vulture :.s p ro'q a~o iy fairly common throuchouC the study area. - Sharp-shinned hawk (Accip iter sr.riatus ). CNCDB. This spe c:.es is expected .n Southern Nixed evergreen forest hab±tats. - Coopers' hawk LACCipiter cgcpe r-_I. NAS. This hawk has beer. repcrtad .n the Day Creek watershed. - Califcrnia yellow-billed cuckoo (COCCVZ US americar.us occide n.t ails ). Calif orni.a rare species. This species rs a ` summer visitor to Santa Ana River Regional Park near the [`{! t erm.nous of San Sevaine creek. - Ledst Be 11's vlre0 (VirEJ bellil pUa111US ). Stdte Of California endangered species. The least Bell's vireo occu YS at Prado Basin. The willow woodland where San Sevaine Fr{1 Creek enter the Santa Ana River appears to also be suitable habitat. - Red-bellied red shouldered hawk (eureo linea[us ele Bans ). NAS; CNDDB. This hawk is expected in the riparian woodlands at the mountain front. - American kestrel (Falco sparverius ). NAS. The American , kestrel has been observed above the Day Creek debris dam site. -„ Golden eagle (Aquila chrysaetos). Federal fully protecte3 / speo_es. Eagles were reported attempting tc nest on the ~ cliffside of Day Canyon aopzoximately 3/8 miles upstream of i 2v,~'r>'-~~bthe gauging station in 1981 and 1982. Nesting Failure was 3v.C~!..h .attributed ro the presence of shooters rn the area. ~(',C,-Yri~-12~ xi, ~.~ i ~U,U ~. (~NrA~aLvG'' Ct~r ,~~>,iy .a - Burrowing owl (Athens cunicu laria). CNDDB; NAS. This species typica'_ly inhabzts abandoned ground squirrel burrows a.n grasslands, and may possibly he found in fallow fields end vineyards in the southern portion of the study area. Long-eared owl (Asio otus?. CNDDB. This owl may occur in Southern mixed evergreen forest along the mountain front. - Basn owl (Tyto alba). NAS. A1Chough this species probatory forages within the study area, its nesting presence or ~ absence is not kncwn. - Cliff swallow (Petrochelidon pyrrhono[a). NAS. The cliff - 66 - i 4 swallow has been observed over the Jay Creek Sp raadrng Grounds. - Bewick's wren (Thr vomanes tewickii). NAS. T.^.is snecres is farrly common in alluvial shrub association habitats, and has been observed throughoct the study area. Western bluebird (Braila mex=cana ). NAS. This species is _oT~on ir. riparian wcoldar.ds along the mountain front. ,~ - California black-tailed 9natcatcher (POlioptila melanura 'r\ cal~forn ica;. CNDDB; NAS. This species has been tentatively reported in alluv:,al scrub within the study area. - Loggerhead shrike fLanius ludovivianus). NAS. The loggerhead shrike has been observed in fallow vineyards in the southern portion of the Day Creek watershed. It is relatively frequent in other grassland areas. - Yellow warbler (Dendroica ptetchia). CNDDB; NAS. This species prefers mesic habitats and willows. - Western mastiff bat (Eumops perotis ). CNDDB. - Nelson's bighorn sheep (Owls canadensis nelsoni). CNDDB. According to Steve Hall of the USES, wintering rams descend into the lower portion of Day Creek Canyon and the study area. - Kit fox (VUlpes macrotis). CNDDB. The kit fox has been reported as rare in the upper Day Creek Canyon area. - Rinqtail feassariscus astutus). CNDDB. Tho rip grail has been reported as uncommon rn the Day Creek watershed- 9. primary impact areas are those areas which will be dire c[ly affected 6y construction of ehe proposed projects 10. Secondary impact areas are those which will 6e affected by urban development in areas provided with flood protection by the proposed project, 11, Category 1 species are those floral and faunal taxa Eor which Buff icien[ information is available to support listing as Endangered or Threatened. 12. Federal category 2 candida±e species are those floral and - ti7 - t~ }) •, n r~ ~~ J I 'i., 3 ~ ~ G.~ 11.~v%~~v~„( ~~Pinirvri,G~ ct'?~r„eC~y~_„~.~ ~'/~ .~tGcy ~/i~t `,~(~o Duce-~ .~-~-~,,~-,-~.~,~,~_ avllLG'~ .vrzviH o(.vn~.cvrrc~tn. ~v„u.~y~C ,r~u. .nv~,~"~tiLli~ Aim-/~v,~' ~~u ~Nh~cs(il~ <uz~~ 2z.-c-Gl ~YY~.(/i-Lcvt~- ~ ~L'~-y~n~'~c~c.-ol~.~c-tom aZC~C~~l~v,.,,~ - w scr^a^.t cd .,sir, ~.:. the rescn] outLx an _ease of sutsurf ace water -es ated, ».th an assoc:.aiad ve ^yeta[ive ha r,ge =ram an Deco cask like sett the of scattered phre atophyte shru5s _:: a y^^: asst' matrix ro da r.se _-;,cene trable mu leFat thickcC growth. °!;__ same hpdroloaiaal chary^~ would occur at the new discharge _,._, _ flows were not to be drrected through a ca[hway to the _ _ ': he acccmulat:on of c ,,:;s and grow^d abrz..ion in the -1iow fore_=band close to tha river celow the existing discharge point could occur at the new dischar^ye point rf rur.oft were allowed to pass randomly t,`,rough The woodla r.d. ?his could result in the loss eF tee charge `. er_stic understory habitat- However, the channel design apoears tc !esse.^. the likelihood of these adverse Imoacts- Imp cementation of the proposed projects will remove large 1a r.C areas from existir.a flood plains and provide outlets Eor incremental :lows from sites not within present Flood plains. ';aese lands wrli become ava Gable for urban development as currently planned by local aaencres. The impacts of future de veiopments whrch :night be encouraged by [he proposed projects are analyzed in the documents whrch have been incorporated by refsrenca into [his report. In the op!r~ion of the project bi.o logist, the alluvial fan scrub and alluvial wash association found -within the Day Creek watershed have sign if iran*_ biological value. In particular, tha_ ~;, climax stands on e a her sic= of Highland Avenue near Day Creek are valuable. Regicna lly, sign .ficant removal of [i;is habitat •:ype has been ;court tog. As the result of encouraging additional development within the upper portion of the Day Creek watershed, alluvial fan scrub and alluvial wash association could become f extinct. L/~~~ Another secondary impact on the alluvial scrub can be forseen, So far as is known, there is an Interrelationship hetwee r. the occurrence of alluvial scrub and flood:.n g. While the long term impact. of directing mountain and valley flows through channels to recharge bas ;.ns or, rho alluvial scrub rs hard to accurately predict, it :s reasonable to assume that some type of community doterioratron will occur even .f alluvial scrub is not removed For future urbanization. peen spaces along Day Creek south of [he Sour. he rn Pacific Railroad are mostly in ac[;ve or abandoned vineyards, Some fallow areas exist whrch are neing recolonized by Ceas[al sage _c.ub speures. The principal biological value of these open areas is as foraging hab.t[ats for mule deer. IP the vineyard areas are conve rCed to urban uses, deer will no Uinger be able to - 117 - ~- Chapter 21 Appendices The foilowinc appendices are ava-1a51e for inspect ron at the - off-.cos cf the San Bernardino County Environmental Fublic Works Agency, Environmental Analysis Division, 385 North Arrowhead Avenue, San Bernardino, California: F• Archaeological Resources Management Corporation, B. Karlin Pfa rsh, Biological Consultant, DaY Creek Flood Control Project Biological Resources Assessment, March 1983- 6 Karlin Marsh, 6ioiogical Ccnsultant, Biolo ica l__Resources Y - 144 - 9f'~' ~`, Y 12 ~ ~~ ALLUVIAL SCRUB VEGETATION IN COASTAL SOUTHERN CALIFORNIAt Ted L. Hanes, Richard D. Friesen, and Kathy Keanea Abstract: Certain Roodplain syslerrss in southern Cali- forniasustain aunique stub vsgclation rather fban ri- parian woodlands due Lo a lack of perennial water Allu- vialscrub occurs on ouhvash fans and ri verine deposits along the masfal side of major mountains of southern California. This vegetation Lypc is adapted to xverc floods and erosion, nutrient-poor substrates, and {hc prexnce ofsubsurface moisture, Ten major stands were suppled 6y line intercepts to determine their species composi Lion, community strucf are, and successional sta- ters. Plant ecology and successional dynunirs o! these stands are compared. loss of obis unique Roedplain veg- etation type in the pazL, and current urban pressures from mining and flood control practices are discussed. channels exhibit dilkrent phases of alluvial eaub vege- tation. These phases nee related to the amount of time that has elapsed since the most roceni Rood at euh level. Three types of alluvial scrub have bttn rewg- nized and arc related to such factma as the scouring action oC ^ood channels, distance from the Oood chan- nel, time since the tut catastrophic Oood, and substrate features each u texture end moisture content (Smith 1980). The three typta can be referred to as: pioneer - vegetation is sparx and of low species diversity and stature, and is Cound within active stream channeb or recently scoured streambeds; intermediate -vegetation is rather dense and is compoxd mainly of subshrubs; and mature -vegetation is wmposed of fully developed subshrubs and woody shrubs. Scrub vegetation in California is extensive and di- verx, occupying rosstal and desert dunes, coastal val- leys and Cootltills, interior mountains and desert Oals. Holland (1988), in the Stnte'e Preliminary Descriptions of the Terrestrial Natural Communities of California, recognizes 78 different scrub types endemic to Califor- nia. Howeveq one scrob type not included in these de- acriptions is the unique and th rcatened vegetation called alluvial scrub. This vegetation ie considered a unique hxbital with a high priority Cor preservation by the Cai- i(ornia Natural Di vrrsily Data base (1987). Alluvial scrub is an open vegetation adapted Lo the harsh conditions of rtes outwash environment It grows on sandy, rocky alluvia deposited by streams that ezpericn<e infrequent episodes of severe Gooding. 't'his vegetation dominates major outwash fans aL the mouths of canyons along Lhe coastal side of the San Cabriel, San Uemardino, and Sxn Jacinto Mountains and lesser Ooodplain and ri verine locations of southern California, Some allnvi»I scrub species occur also in sandy wasters of coastal southern Cali fomin apart from alluvial fans and large rivers. Alluvial scrob is composed of an assortment ofdrought- deciduous subshrubs and large evergreen woody shnibs llwt arc adapted to the porous, low fertility substrate as well as to survival o(inlense, periodic Gooding and giro- sion. Step-like shrub covered terraria above the wall: Mature alluvia: scrub is distinguished by its vege- tative composition, which eontrasls in several respects with that of coastal sage scrub as described by Axelrod (1978), Cooper (1922), Epling and [,cwis (1942), Kirk- patrick and F[utcltinson (1977), Mooney (I9g8), Smith (1980), and Westman (1981 a,b). Specifically, (1) allu- vial saute has more mesic species than mgt coaztal sage ecrub stands; (2) alluvial ecrub consists of nu- m<toua evergreen shrubs, a divecx nxemblage of sub- shrubs, and a springtime ground cover of annual wild- Oowers, whe-real coastal sage scrub vegetation is com- posed primarily of drought-deciduous subshrubs with sparse, if uty, annual wild0owera; (0) scalebroom (Lep• idosparlum~ guamatumf, a ahru6 with high fidelity to alluvial subslratrs, is found throughout alluvial scrob communities, but seldom in coastal sage scrub vegeta- tion; (4) species commonly found in chaparral or dexrl plant assemblages, such as California redberry (RAam- nus eroceaf, Ie-monadeberry (Rhua in{eyrifoliaJ, sugar- bush (RAua ousts), mountain mahogany (Cemacarym betuloidesJ, holly-leaved cherry (Prunua ilicifolie), Cali- fomiajunipcr (luniperus rsliJornieaf, and yucca (Yucca whippleif are also common in the alluvial scrub com- munity, but not in coastal sage scrub vegetation; and (5) small-statured riparixn wooJland species, such as California sycamore (Pla(anua mumoaaf std matelot ((lacchsris glutinasaJ are laced through alluvial scrub stands along major drainages, but arc not present in atauds of coasl.al sage scrub. t Presented at the Cnlirornie Rinerixn 9yacna Conkrence; September Y2:4, 1989; Davis, Celifomie. r Pra(euor of goteny, California Stara University, Fullnrton, Fullerton, CaliL; Senior F¢alegist and SIaB E<ola{ir4 napedlvd7, Mirheol Orandman Auodat<r (M8A), 9anla Ans, C.lif. USCA Foroet Service Gen. Tarh. Rep, pSWd10. 1999, 187 \C el Yl VALLEY• \a1 .....u. •un r nAH ``1I8 JACINTO•~ ) .HEYET leieM -.. .. ~. ael0 TUJ UNOA MAIN ~tAN pAa PIEL PIVEP ~iAN ANTONIO CPEER ®CUCAYONOA CPEEA O6AN aEVAINEI T~-~ ETMANOAmAY CPEERf :.Y~--_, r©tAJONILYTLE CPEENe ' I J IYENTONE APEA OF BANTA MM A J®EAN JACI NtO PIYEP Figure 1- Distribution of major steads of alluvial scrub vegealion in wulhem California, U.S.A. Methods Ten steads of alluvial scrub vegelation were studied, comprising the largest, intact stands in wullarn Califor- nia. These stands are aswciated with Iht Oib 1b)ungn Wah and San Cabriel River (Loa Anbcles County); Cu- camonga, Day, Eliwenda, Snn S<veine, Lytle, end Cajon Creaks and the Sen Antonio and Santa Ana iliverd (San Dernardino County); and the San Jacinkr River (River- aidc County), (fig. 1). Each stand was rtampled by a series of 20 m line intercept. Several "lines of march" along a wmpees line perpendicular to the atwciakd stream channel were established within each of the alluvial scrub study si!m, beginning at the edge of the abeam channel in most eases and progrwively moving up onto the higher stream lertacc until reaching the site boundary. AL 90 m intervals (50 m intervab in degraded alluvial scrub), n 20 m line intercept, perpendicular to the lint of march, was established. T'he intercepts ellernated at each inkrval from right to left of the line of march. Only eubshrubs end evergreen woody shrubs were m<eaurcd. Plants that were biseckd by the inkrcept tine (u projeckd verliully) were identified by specie. Their intercept lengths (b the neernt S cm) were recorded, and the number of deed and live individuals of euh species was munkd alon6 each 20 m inkrupl. Any inkccepl length not wntaining shrub rover was rewrded es "bars ground." Inkreept data were grouped by development stage of alluvial scrub vegelation (pioneer, intermediate, or mature) for each aik. The value derived were need to describe end quantify the structural end su<cemional composition and status of each alluvial scrub site, Physical Setting Soils The Ooodp;nin wile upon which alluvial scrub o<- eun is of two types. Rirerwuh A:nocietion wile are 188 USDA F~rot Sarvla Oen. Terh. Oep. PSW-11p. 1VE8. feund along plc mein ;ive( channels and cpnei4 of river deposited sonde, gravels, wbblm and .loom, Inunda• lion oeeura each year end ie x<ompanied by aeouring, deposition, and removal depending upon the inlemity and number of rainstorms cacb winter. All vegeta- tion is ee0ured from the main channel during peak now episodm. Soboba Association soils ate locakd along the ter- raced banks of the river and are formed of alluvium on the outwash of the rivers. Soboba soils hove a eob- Sits Condidom The sample aiks uhibit mmy similar conditions u well m n lea d'utinclive feslurm. Table I anmRUri:m the various sik wnditions and f<aturq. Results nly, coarse loamy send surface underlmn by pole brown, A total o[ 277 plant apaim wn eocounkred on single-grain, lovely a[ratified very gravelly and cobbly the 10 study eilm. 1b facilitate eompatiaoo of specim sand or loamy nand subsoils. Thee voile are uceasively' wmpoaition between the site, importance value were drained and exhibit very high permeability, very Blow cskulakd for each rpecin. Table 2 lists thou apeeiq ninon, low water-holding capacity and low fertility. with importance velum gr<akr than 5.0 for sash site. Clnnale Eriogonam /erciedahm was an important wmpo- neat of a;l 10 ei[m. Leyidorpartam reaamafem occurred The climate of the study area is Medilerranesn, wigs on 9 of the 10 silq. Salvia ori0m and Lofuttcopar- an annual rainfall of approximately d60 mm, most of ive wore nut in importance, occurring in 6 of the 10 which falls during a few heavy winter elornu, Once every aitq. Artcmiria tdi/ornim oceurrcd on 1 of the 10 site. 10 l0 20 years, rainfall far exceeds the norm, rqulting in Longer-lived, woody speciq thel chua<krised mature catastrophic Goods, such as 1978 and 1969. During ouch stands (sae fig. 2) ofko had imporlanee velum lam lban past noods, the rivers have carried debris eroded from 5.0 and arc not shown in Table 2. upstream slopq xnd riverbeds, forming broad rocky al- Most (6) of the eitm were tompoaed of all three luvial outwasb fans nearly G00 m Lhick. The river eban- eucceasional stages, but a law ailm had too or only one ads within the fans are subject to frequent swuring end stage. Lytle Creek luked mature alluvial scrub, whereas Ooodi ng rmulting in n barren state.' The most signifi- San Sevaine larked inkrmediale snub, end Etiwanda cant recent Goods in the study area occurred in 1978 and IadceJ both pioneer sod mature stagm. Prance and t 9G9. Throe end previous major ^oods produced Oood- absence a(devdopmental nagm re0eckd vnri0ue Oeton plain terrncq bordering the main chanrzeln and upon such as upstream damming or channelicalion, time which the three recognizable phnsm of alluvial scrub v<g- since the last major nood, human diaturbariw, or wit elation have devdOpcd. moieWre. Table 1 - Summ.rl of dw AlluviJ Scrub S•mPle Sire Conditiom and Fatuw (,nsl<riJ •d•nled from Mirh.el Br.ndman Arwcitln i 086) Ste Acr<s< Location Condlliom and Fuwm Sen Lcinw 9,6T) Vpp<r SM Relnliwly undinurbrd saner for amJl wd end p•rol eprrelion, goV eourre Juinlo Rirer dowml.wn; limited water morervLLiondiYe<, dir<nion rlunneb, u,d p<rcdulan bu M<nlon: 11,!10 Vppv Sanle VMiourly d'nlubcd by and end and geerrin,puWUde•nd railwey5lndwldJ, Rirer cenumrdJ, +nd NaidmiJ dertlopn,c,a•; erteruin Euod eeMrd u,d water coM<mlion facipticu Cejon/ iT,J!T C.jon and Lyon . Croned by 9 rJlroad trade, old Fbole 69, end (rombinedl Inlenlale if and L;9e Creeks Crcc4a 915. Rglde,uid cud mnumraiJ d<velopmerRa Jens Rouse d6 and pwllelu of (Combined) Cajon and and C•bb Cenyanr. quuryina epenliene in Inver Lytle Cr:ek Snn S<>^ine/ vast Sen 5<..ine( InrRe Intel Oeod control dike, divenbn eanW, end pcrcolatien bade. M•lu Gtiw•ndn/pay Dq C.nyon d<ctric 4emmiuinn corridor and wuq tnLLmert nWa. New eeteruin raaldem C•uyann outw,uh tint denlopmeM. vela and weal. CucnmonR• a.anl Cucsmon6• Flood eontrol•tnewrca•nd parcolatinnbuin; em.ll fork quarry. SumnndadM canronomww, ruianMi•I a.wlnnmcna. Snn Amonlo Sale Snn ANOnb StreaMlow centroBed eurwWt by dun and Iuse IaterJ dike.. 'he NsMge Cenyonoatwuh crew the dte. query epentlen.nn•Il drpert and eemmerclJ bulWlnp prneN .,nu Cab•LI son Snn Cnhriel StruMlow controlled oetwub by dame, rosier btuJ dikes, dNDrlrudum and C•n>on oulwMh , ovwluien buine. Crm.<d by Route 60 and Inteno-le 910. Paved bikeway w. ul Ji4e., Major 9u.rryins oPnationa. Dun, ncreHlon ens, and,wuray noted .o darmtreem, Oia ~RdunR^ 45nT Bis Tdvnln Nstud braided OeodPlJn Oeoked by hilb. Bisected by Intenw4 910, D.m, CNYOO regeMion u<n, end qu•nyins eperalien downrtrt•m. - o4lrM{I USDA Foren 9errke 0<n, Trth, ern. PSWIIO. I 9ap, (gg n If Table 2 -Comparison of SMCio Composition of't'en Alluvial Scrub Stsnds Vsing Importance VNun Canter Eri a qa/m 4.96 4?5 Eriod Bryon nusi/oliam Lls 11,61 F,noyonvn fuci<Jahm 10.59 JLN 11,V Lcpidayarl+m •4+•mel+m J5.8G 28.84 1211 Ly<ivm ando,onii 0.94 >]5 ].18 Opnrtie pnvyi O.Sx >.38 Rhamnv <re«a 9.51 Salvia vyiann 5.38 Mrntnne A: enoaam• fu ulatam r x8.96 .n Renhav ylalino A.>< Eriam<ri+pslm<n :9..50 J.91 Eriodicyon McA acely= 15.13 3.63 Eriryon+m fucfuleM1m 84.J5 33.93 I68d Lrpida•ynrmm •pamolua >AO 1'+rce wh:ypl e.>6 Leyrdvparlnn gvmal+m 5.98 8.19 Lola, ,eayen'u IJ IO 1x.30 ].5. OPnn(ie litlenfi, 1.34 L69 ].81 Salvia eP:ann 5.05 1218 Toricod<ndrrn di.e.,ileFam J.95 BAx 1'n <cn whiyll<i 4.30 1x.46 16.71 Lytle Creek Arl<mi,ia dnnnnlu 1x5 16.x5 Er:odiclyon vicAoalyr A.OU F.rioyenvm /u<iulahm 6J10 3o.9fl 4<Pide.pnrlam yaam+l.m 30.19 5,13 felas rtoparia• 1.10 5.19 Oyemia lilterali, LOB S.dB OPtlnlie Porryi 1.08 >.A8 Sal•i4 aPiana 1.08 6.10 .San Savninc AAn P•IPma f+u <vfa(am 0.12 A rl<mi,ia mli/e nice fi.x8 IT,01 C<r<o<erpv Id+loidm 15.0.5 I5.]0 Eriepenam lm <.lel.m ~ JT.35 25.96 +yv+o.nl.m Lepide!0arlum IS.U4 232 Lale, ,rnyeny IO.fiA 1.38 Salrie apiene 19.4U 14.08 litiwan.la Cralnn nLJrrnice ].54 E'riryanam fe,cicalel+ 33:18 Lnly •<ep+n ~ 9.06 .Salvia aP.nnn 4J]0 Cnrnnrnngn Adenorfame fmr ulnlum 6..31 A rf<milia tali ramire x2 ~9 12.JU 2a,T0 F.rvodic(yon bicAo<alyr 30]0 11 ~I F:riaoovmf+,< dvtum J]..54 xL00 2J.19 LgiLoePed+m .v.emeam J0.46 IG.f5 11.]J Le(+„cePan+l T.4T 1.89 /themnv orcee fi.51 sm Antonio AaAJIm millefoliam 0.50 8.13 A.1rmi,ia celifernl[a xU.f,> 41.x5 Eriwmeria pini/olu IU,6] F.rio4onum Jealcdehm IU.09 14 .q l.rpiAoeyerbm yaam vlem 4.91 15.91 /.olu• snparia, f..fi9 Afelr•ma /=/tAu+) laanne B.IJ Selvm mn M1fna 1x,99 2x9 $nn rlnhri.l Ar/miain [nli/o.nim 1.1'2 11]9 IJrickdlie a lifornir+ 9.10 F.ri P,annrm I+,c rHalam 2x.96 1219 L<yiAo,p+rlnm ey+amnprn 31.1J 22..53 IJ.02 OpunOn liunrelu VJI3 x2T II~R'f^1^^W` Hart Anri. llxnnn+n Rv.]g 6n.nm.rie Lae+nfolre e.:1T SIB En.mm~ie vinilobe 211 +.09 Em,yan.m /ar<trnfar.m 33.r,6 36.39 33a> crordo.yart,m wan!n.um l3 gU 15.x5 9.Tx Opnn0e yn.r4i S.JI 221 /iibee evnam 1 3l. LJS 5.9] .Soh:.P, LSJ 9.AS /'+crn rPAipplai 3.35 IO.Afl Ix TI ~~ ' Slnnd4: d inrp^rtnnr . nLi~n war miliard n d rli vidrA Iry I b r cnnvmt lhrm to n bee.. of IOfI for rnnvcr~ ncc 1yp osun rrrrr,t srr.ia ran. Tcdr. n<p, rsw.uo. 19fl9. INCNEASING FLOOD EVENT PRORABILTTy _, _ 4xT Vflt INHSE_- III IHtEPY'pI.S•E~Oe- , ~pNEEX.VMaSE J ,..~~~..~~ ow.. r.J III ~~ ~.. ^. 'f~ ~ "`~~.,4 ~J' -~'S„ PAgiICLE SIZE 50FlTED 4 SU DSTMTUM FgOM PREVIOUS _ y,5r ~ FLOODING MNO DEPOSITION y~ ~~-~~ y"(r ~•,.+ J f EVENTS ~'_1---1. l - "'~i'.~-' tll~ v ~+ MUDFLOW LENS . ~;~ .__~ia~ _ ,_ _ ~_ _ - - --- ti_-._, PROFILE _~_~_ ~~' - Figure 2- Prof lr dl agrvn of alhlvixl scnib acgrLaLinn, showing repreuulalion of the three phases of development and I hrir rcprrs~n l,xtivn sprcir., !n mdrr In gnxn Lify comps^.i Lionxl and elrucl,n rat (ra- Lnr .~ of Lhr.:{ phases of nl!n vial scnlb al earn smuplc sitr and Ln cortiparr Lhr 10 stands, various indicrs wr:c used: nN ivr plain. pprrina di vnrrcil }' , prrcrnl. dnminnnrr. o(lbr, sbrnb rnnlponrnl, and sLrucLVra divcuity of for sbnlb coinpnnenl (Table 3). Tllrsr ind;cec secre slandudized Lo colors brheer^ 11.1! and 1.0 ngrinst xn ideal condition in a ouzo nrr similar to Uw Ilxbi tat P;valuatinn Pmcc- durr (IIFI') Jrvrlnprd by Lhc L'.S. Fish xnd 1Vildi(c Snrvirr (IISFLL'S IORp). 9'hr procrdu re for rsl.ahlish~ ing and slvld nrd izinG Lhrcr indices nrr alrrcngy bring dor,; nlrnl.rd in a min usrripL in prrpnrxldnn by 1'riescn, Aon~s, and ICran~, and nrr bring m(rrmd In as n IlxbitN. CZn nilir ,A,cspssnv~ul (II(.~A). Fun .Innnln, (6ayml, and B;g '1'!I,Iun GT 5il,r, axhihi Lid Ille grrnl.rsl. sprrirs d,vcwily ofN eilra. Btirvandn sbnwrd I,hr s~nnllr.l. sprrir^. divrrsJ y, having aril brr pinurrr par malaim singris, (;troll amt ('.m mm~nga snr-v hn,l t. b,• highnsl. shrub runq,nu-nt of R sh rs +viLL Son .I nrinln and Ilig 'I1lju ng a :ilra nnvh~ .v: hlgii As with sprrlrs diversity, I,br halwnmin siLr shna'rd Lhr Inwrst shrub mmpnnrnl.. I'hr f'.n j~~n .vnl San Cnbrirl sil.rs rx hiln ltcd Lhc grral esl stnrdnral diversity of 8 siLOS wlWr Etiwanda showing Lhc lowest stn¢Wlral diversity. CU{{CIiC SCBCIIS Thr; disLincti vc character of alluvial scrub vegetation as it relates to Oood~drposilud alluvia, mikes it one of Crhfomia's unique riparian systems (fig. 'h). The intcn- sily and Inngnitude of episodic hoods creatrs recognit- ablc vegetation phases that are related to both the age n( Lhn sl and xnd to the site couditians of substrate and sr:il moisture. As a stanJ develops along a Lime grxdi- cnt from pioneer Lo mature, there is a general trend in sprrirs anuposi lion rrplxccment from short-lived sub sbnlbs to Iong~lircd woody shrubs. Scvcrc Ilondinp, as wrll as fur xnl mxmcausnd disturbxP.res can eliminate rxlsting stands of alluvial scrub, xnd thus in itiale new pinurrr slauds. In contrast, a lack ol5nlhcicnt sail mofs~ Lu rn can prm~cnh an inl,rrmrd~aLe stagE stand from prn- grrssing tD the mxlurr stage 'I'bis condition is brst iilus- tmind in tllc P;tiwmul.r stand. Such inl.crtnedialo stands may br old in >exrs, huL not fully madnc in spncias ronq+osil.ion and stal.vrc. _ 1!:1IA I4u nt Nr,virr r4rH. 'I'r~~l, Il.p. I'S\v.110, 195!1. 191 Table 3 - Sunderdixd Vc8<tnlion Paremetera of Ten Atiuvid Scrub Sit<a Dowd Upon Three Senev or Derelopm<m 8itc SteB<oi Devdapm<m Spcciea Diverailyr SM6 Dominnn«° 54uchvA Dirmilya Sun Jecinto Pioneer 1.0 to 1.0 Inlcrmcdietc O.B 0.8 CS htelwe 0.9 0.R 0.4 t.lartm¢ Pioneer O.Z 1.0 0.0 Inmrm<diaa<. L0 O.P 0.3 Mnlnrc 1.0 OS 1.0 Cnjon Picn<cr 1.0 1.0 I 0 Imcrmcdiate On to 0,8 Mewrc o g Ln O.4 Lvrlc Cr<ck Pioncrr os LO 0.1 Inl<rmedinl< O.R 0.. 0.3 Plamr. NP' NP NP San Sc.ninc Pionccr LO O.A O.b Inlcmrdintc NP NP NP Malum 09 1.0 O.4 1!li,r,u,dn Pioneer NP NP NP Imertnedint< 0,.5 O.T 0.3 Mnl,vc NP NP NP Cur.wonge Pioneer 0.0 1.0 0.3 Inl<rtnMinl< 0.. LO n.] Mem:e 1.0 Lo O.J Sm. Antonio Pionc<r NP NP NP In4m:.diale O.P 1.0 0.6 Mnave os Ofi 0.3 San Cehriel Pion«r NP NP NP bumxncdimr I U 0.l 1.0 Medrce ).0 0.8 l,n niq ii,jnngn Pinner 1!1 1.0 0.4 In4m.adinlc O.P 1.0 O.A Mno-sr< 1,0 a." O.Z I S{<s ea Div rs i:y a li a p, lo8r pt xh<r : q, demmnl frutinr , of tnW unli.id„nls h<Innging to llm ,lh :pari <. ~ .Sbn,L Dominn na• = lnlnl ling inrc rrrpl+gr n_ It mbsnrd<s x IfiO lntnl IrnRdr n ( all in:rt:gn : na, sage ' Sln,clurnl Dirrrily v rnlio nr s. m ,L: (grxnlrr dv L0 m toll) lp snhabmLa (Ics. W.n LO m :eil) '6P: nm pr ?m Alluvial scrub vegrtatron Dore was mrne widely' dis- Lrihntcd along the coastal w, stirs and rivrrs rmnnxtiug tmm the 'Iran=,vrrsc and 1'rnllLSU lnr Iiauge= of snnth- ern Cali(nrn in, whore rnalescin bajmbu funned exten- sh'c, and in placrv nrarly con tiuurnrs, skirts along lhrcc ranges. Agriuddrrxl xnJ urban de+'rlnpnrrnis in Pce pari centnq' hove resn lLrri in its ch min al.imt from most of its fimnrr rnngr, As a run=rqn amn, xllirvixl scrub is isnlnl.rd to stands xlnnL nnnl erred slaruns and oUl: washes nn major alluvial furs. Ind ushi nl and residcn- lial Jevelnpmcnts and (lowi control projrrls eonl.inur to invnde Uimn trmaining ctxntls, h nun:bnr of Lvgr projnrts, inr.luding a professional football stadimn and xn inlcmal.ional-clan.=. golf rou rso, me pmpnscd for do- vclopnrcnt within xnmr o(Ihr pmntior nxamples of LLis vrgcl,;dion. Ilistorirally, rock and sand mining oprrations hive quarried largo pits within the floodplxin alluvium upon which xllueixl scrub veyrlalion depends. As these build- ing materials 6rcorne scarce in rho southlnnd, alluvial Rcnrb resonmrs beconre rtwre threatened. Proposed hood control projects further Llnealen the integrity and Inng-term vitality of Ulis unique dnodphxin scrub type. Endangered Species 'I'wn alluvial scrub Rpr<ies xrr, listed as endangered by both the Il. S~ Pish and Wildlife Service and Califor- nia Department. of rinlt and Game (State of Cxlifnrnia 195g)' Santa Ana River woolly-star (F,riadRUm d<nsi- ('A2 115nA Pm<sl S<rvir<Gcn. T<rh. Bcp. 1'$W~110. 1989. JoLum ,asp. snnctoram) is a much-branched subshrub no•.v restricted to sandy soils on river Roodplains or te~- ;acrd alluvial deposits of the upper Santa Ana liver drainage, San Bernardino County, 'T'hese sites mostly arc on privately owned and Bureau of band hfanagemcnt lands. The Corps of Engineers Curren Lly is supporting research on Lhe ecoiog}' of the woolly-stir. Sletlder-horned spinellms'er (Centmslegio lcptocerns) is a ticlicatc prostrate aunnal found on foe-textured, Onod deposited river Lerrxca and washes iu Los An- grics, Riverside and San Bernardino counties. Eztant populations arc small and seriously threatened. Most n<cu rrcncrs arc on private land and arc anprotccted. Future Prospects AL pm.en t. LLcrc is no pmgrxm of consen'a!ion Chat v.'ili mrvnc the furore cxiatcnce of alluvial s<ruli eegc- 4ition. however. Iltc designation of this vegetation By the California Natural Diversity DaW Banc (1981) es a uni~uc habitat. wif.ll a high Priority Cor preservation is n nrorLhy frsr step. Yc1., this designation lacks legal power. TLr; pcesrnm of tLc Uco raro and endangered plant spcri s in snnlr, of Wlr. alluvial scrub stands brings both sl rate anJ federal ngrn tics into artiml in the protnc- Lion xnrl nun)ngelnrnt, of Lhrsr, alluvial sc=ub endemics. '1'.+ a limit rJ ra taut snow alluvial snub stmlds .,-.ro Lhn hmlrGriarv of Lhrsn agrncias' actions, Urb'sn rlrvrlnpnlmn prrssu rcs anJ flood contro! slnm- Inres and prazlirns in rtcun;gy sill Lbreatrn alluvial snub I;c direct rrnmval or ill dl p:cUy' b}' altering the, dy- n:;rnirs n( ilc In ~hoh>;y f)nlp L6 nnlgh I,hr nrUuisition rand nlnn,acrnrnl of major stood= oC alto vi nl scrub tan its (ulna hr srcu rect. References A xrhwl, I1. I. 197A. "I'h• n of ma=lal sag. wgntation. Alta and It.La flab Lancer ~Mnnricnn Journal of Ilotany GS(In)~It19J t21. Iidrbnn r. Ai. G and J h1 aj.,r, nd.. InBA. Tpmshixl e.g~lalion ~f r:alllrrnia ]ml P:dLLlon Sarranvntn, f:alif.: Cab fornia Nari•~~ Plain Snn~ty, $prri al 1'nbliration No. InPll p. Czllrrrnia flora rat ilrv.,a y~ Dula Ila,~ Ir'NUDII). 1987. Dula I+as~ mrnri : rah fir in frnnatlnn on tl. reatmm,l, rndangro-d, ram r. rat hrl wise .mnsiti yr xpeeirs and cone nut all irs in tLc ru inrty of tL• n.. r. and steams in this study s;xli lnr rata Ilrparl hall of Fish anti Genre. Slate. of ('xlr L,nlla Ilr=on rr~s Ageny', Sarraunnto, Calif. r:onprq W. 5 1?12. 'The brnad~ttlrmplp'II rcgrlatiml of Callhaniz An rrnloei~il stmlp of rllapnrral and its r~latrd rmrnn,lnlli~= Canmglr Insti:ntr of iVashingtnn Isu Lliralnvl .71n 124 p II9OA Pm•d 6.rvi.r r;n,. 'I'~rb. Il.v P545'-11p. VINO. EVling, C. and R. Lewis. 1941. The centers of dislribulion of the chaparral and coutil uge aswdations. American Midland Nstvrilisl 27Y45-46?. Nares. T. L.. 1976. Vegetation typo of the Sm Gabriel Movnlaina. In: J. Carting, ed., Plant wmmanitila of southern California. Berkeley, CaliL: California Native Plant ~"Society, Special Publication No. 2. !lanes, T. 4 1971. Succosion titer fire in the chapural oI southern Cali[ornia. Ecological hlonognphs 41:2T-82. llancs, T. L. 1581. Vegetation of the Santa Ana River and some flood control implications. In: Warneq R. and Ren- Jlix, K., ads. Cai(ornia ri Varian eyatems~cology, <an- scrvation and prodnctivc management. Berkeley, CiliL: Uuivvslty o! California Press, get-888 pp. llancs. T. L. 1970. The San Gabriel River flood Vlaiv, pp 3E9- 272. In: Stebbins, C. L. and Taylor, D. W. ,eds., A Survey o! the naWril M1ietnry of the nouth Vadfic border region, (`all fornia- -Biotic themes. Prepared (or the National Park Scrvicq U. S. DepLOf Interior, Washington, D.C. Rolland, R. F. 198G. Preliminary description of the ter- mslrial natural commvnitics of California. Sacramento, Calif.: S!a:e of California, The Resou¢o Agency, Do- partmcn<of Fish and Game. 156 p„ mimeo. Kirkpahick, J. B. and C. F. Ilatchinson. ]977. The cmmnnnity composition of California covW eag< a<rab. Vegetation 25:21-82. Michael Brandman Aswciato. Inc. 1986. Finil subu: gvenl environmental impact rcpo[h Daq Creek land and gmv<I mining operation and raaamation plan. San Bernardino Conrry, Environmental Public VYorks Agency. Sxn Bernardino, Calif. hlichxel RranJ mere Associates, Inc 1587. Chnreh Street sand and gravel mining envimnmcatal usessment. Pre- pared for 0.L. I'harris Sand and Crave!, Inc., highland, Calif. Michael Brxndmxn Associates, Inc 1988. Preliminary drift report, Bioingicxl Ilrsmuces Anessment (or Raiders Stx. di'Im Pmjccl, cnvuomncnlil impact stxlcmcnt/report. Prepared for Iackman and A:mciato, htonlerey Park, Cxl, and Depvl meat of the Army, Corps of Engineers, Los Angdes District, Los Angeles, Gali(. Mooney, N. A. 19A8. Southerr. eoaaW scrub. Int 11 G. Ilubollr and J. Major, eJs., Terrestrial vegctatiml of California. California Native Plant Society, Special PnLlicxtion No. 9. $acramen to, Calif. d71-1g9p. Smith, R. L. 19A9. Alluvial urub vegetation of the San Gabriel Ri~~cr flood plain, California. Madrnno 27:126-128. Starr of California. 19P8. 1987 Annual report of the status of Cali hsr ale's stale listed th reatcned and endangered plants and animals. 'T'he Rexmurrs Agency: Dept. of Pish and Came, $acramenso, Calif. 109 pp. mimeo. I/AFWS. 1980. F,cnlogicil scn'ices manual - IOI FShf - hahitat a= a ba=is for environmaLLal assceamcn 4. Division n( F;cnhgicil Srrvires, 11.5. Fisb and Wildlife Scrvicc, Rcpt. of Interior, R'nsllingbn, D.C. Wes4na u, W. E. 1981 a. Factors inOneneing the dislribulion of species of Caifornia coastal sage scrub. Ecology 62(2)1,:4294.56. 4Trstmzn, W F;. I9Aib, Uivrtsity relations anJ enccosiun in Cxli fornia roxstai sage scmb, Ecology 62(I ):170-i84. 197 A Pioneering Effort in tie Interest of All ^I,aguna's Measure H Will Save More Than a Canyon ne very fact that Laguna Beach will vote Nov, 6 on whether to purchase land pre- viously slated for development in Laguna Canyon represents the mat- uration of [hinkirg about the envi- ronment mOrange Count'. A long period of protest and an- tagonism between environmental- ists and the Irvine Co., which pro- posed to bi:ild 3.200 units in the canyon. came first As recently as a year ago, when thousands marched in protest, it would have been un- thinkable that two opposed interest groups woWd agree to what L before the voters. Now, instead of being stuck with massive new develop- ment in the canyon, residents can choose to buy the land and set it aside. [n Measure H, the S20-million Laguna Beach bond issue that will go toward the f78-million purchase pnc=, compering interests have in- tersected in a way that shows ac- knowledgement that unusual. imag- inative steps may be necessary to preserve the county's ;mpenled quality of hfe. After decades of unbridled and unregulated growth. and with much of the fate of [he remaining land very much in ques- tion, here is one striking example of how a city, its citizens and a devel- apercan find common ground, The Irvine Co. is motivated first by its own perceived self-interest. but the Laguna Canyon agreement reveals something more than that Chairman Donald Bren is image- conscious and does not want to be embarrassed by people lying down m front of bulldozers. As a major developer, landholder and manager of properties in Orange County, the Irvine Co. has reached a stage where it has many of the same interests as the rowtty at large. If [he air is fouled, if nobody can move on the roads, if the natural beauty of the landscape is complete- ly subverted by strip malls and housing tracts-it the very things that have prompted Bren m regard his vast patches of land as canvases on which to paint-then the value of the enure franchise will he greatly diminished. He made substantial concessions on the purchase price. The environmentalists on the oth- er side have come to this agreement through [heir own journey of raised consciousness. Those who first cried out about the rape of the land have been pined increasingly by an army of citizens, crossing the entve pahti- cal specWm, that looks around at things like the county's smog- shrouded mountains and sees hand- writing on the wall. For the rush to develop Orange County as a special place in the sun has come at a high price: more people, more traffic, more congestlon and a threat [o the overall quality of life. Measure H in Laguna Beach rep- resents apioneering effort. Implicit is the nouon that ordinary citzens must be willing to put more than bumper stickers on di-splay to show their concern; they must 6e willing to tax themselves to buy' land in order to set ii aside. or else hve forever with the consequences of lost wilderness. That stark and inevitable choice is the essence of Measure H. By no means wiB the long-term financing of the purchase of 2.150 acres in the canyon be assured even !f two- thirds of the city's voters approve of the E20-million bond. There will be many hurdld to clear to make the series of payments outlined in the agrCemenL Yet it voters shrink from this opportunity, they can be sure only of getting a pillaged canyon. it they act in Save It, others In DI'ange County may he inspired to take similaz steps to preserve their owr. dwindling acreage. Passage of Measure H will put Laguna Aeach on a historic course. W e urge a "yes" vote. ~~ 71M~ S r ~; ~~ ~EGENG k{~.yy ~ La AwM1 Fwtln:ull]-. WrKI \ °^'a"w® h. Wryfa 0.nuh PUwnrm l•]WrK.I ~ heww a.. ww \ 4gbq 5balon y{> µry lo~pwwnlul Elm.Ir WIKI E 4epew y+urun r.eni __._ \\r~N\• .. IYYW M.tlnlui re]W~W~BUtlGtl..u.l S hWe.N lelwn Lr.« .O. P..pnlul Far.l. I'~ OVr1yI BWYU~ 4r.1 . RC RN Ctnrrtl V hge.w M. Yr. ~ _ UC ~i«h ~,,..« o e«.o~ r.r. sx. +k.- IM .mw t,S F~~ rz ~~z~ f PC .co,..., ,,,~ IMCI u.ye«naoe ~m«i.~ ILVL.vLE) Vndenrhu Re~~sCclt~,G`t1Y:~ta.~" E"StdtC crS~S qnL hhl/Srde ~esr~entia+~ Cor~Ed IJo*e: l~llls de (~'e 'dm,/;n~ a hOrl/~erv~ C/rlll?y m Wifl br p~o~'b~nN ho+"fh of 1~ I"{oh Cno/ ~",ti E`u cY'~bn ¢.ad Hon/fsc ~.•roY+q CiS ~'S coil/ 6 c r roh ]6 i te~ . n >~ e Spec fir. P /ate ~f.feo. _.__f2eVr1 ~E~ ~rbnvsny26,IP9z 441 /~ c.n~mi Land Use Plan f ro~ so ( ~ ~.,', 3's Eciwanda North SPcr~tic Plan EIR City of Rancho CucamonCa F i~•, ~:f ~:~ .i E i;,r :~ ~,~; !;',{.. I, ' 1I !, ! i,ll~. ~~~ ~' ,~, ~ ~,i i~' i~!; ;~ ; €~ ;E k y H ~! z ~• Q, ° ~° ~I r ~ ~i =~ a ~, "~'~ ~' ~! ~~ y ~ hl ~I K~ '~; a n of a 7 a ~o N e ~!; ~i~ i; x .\ i, f '~ ~~ 9 `~ p' _ ... c 'v F LATNAN i WATxxxs ATTORNEYS AT LAW 633 WEST STN STREET SUITE 4000 LOS ANGELES, CALIFORNIA 90071 TELEPI1oNE: (213) a85-1234 FAX NO: (113) 891-8163 EIN: 617933268 CABLE AObRE55: LATHSJAT riIT,GAT2GN xCN??CRixG PACGRAN INTRODDCTZOx The California Environmental Quality Act (C_QA) recu fires the adoption of programs to monitor the implementation measures imposed upon proj sets. The Public Reacurces Code states that "... the public agency shall adopt a reporting or monieoring program for the changes to the project which it has adopted cr wade a cond!tion of project approval in order to mitigate or avoid significant effects cn the envirorsmert.° The intent o_° these provisions is to encore that mitigation measures arc carried cut. The public agency must adapt the mor..i torinq and reportin5 PrcSram When aDPrcvinq a protect; in this case, t.':e project is the Central City West Specific Plan. The following Central City West monitoring and reporting prograa consists of a snort discussion of the program components and presents information ar. the method for ersuzing compliance with cr impiementaticr. of the adopted m.it'_gation seasures. Thcuch the mitigation mcn!toring provisions of C~QA apply on'_y to impacts which Would be significant if not mitigated, the prcgraa has been developed to address ail proposed ait'_gati...., PROORAx DESCRZ PTZCN T_rie Central City West acnitorin5 and reporting program has two p r xary cbj ectives: (;) to establish a frameworX for the 'tanner in Which ed Ch ae38llre Wiil be monitored, and (2) to establish a reporting process to infoz^.e the public and d¢eision- aakers Of the status 0: the ovezall program. The pre;; ram will be aanaged by the Program Coordinator, Who is Yespcns ibis for how the evera'_1 prograa is conducted. Agency Representatives Will ba responsible for verif~~inq that measures are applied. Annual retorts :+~.:, :;~ rraparad to document the progress of the program a rd to estab:ah a consistent to rm of reporting this program Sta tIIa. xoxxxoRZxc coxPOxExT ~c ritori ng refers to the process cf overseeing ..*.aw a aeasure is iapleaented. This oversight function ensures that the aitigation measures are carried out ae approved and that their implementatior, is adequately documented. The Protect Applicant iaplements the mitigation seasures after receiving clearance Lrom the appropriate Agency Representative. xonitorinq is accoapllshed by the Program Coordinatoz and the Agency Representatives. The roles and responsibilities of these key players are outlined below: =rocram Ccordinatc _ne city ?:iannirg Director (or ~ designee) will be the overall Program Coordinator resno.^sible for ensuring !hat department approvals (sea below) are obtained at the corre<:t stage ir. the 3eveicpment of the project and to verify that all necessarf approvals are obtained before a particular phase of the project begins. The Program Coordinator shcu:3 make periodic area visits to ensure that all mitigation measures are cperationai as glanned and designed and to document the progress oP specific Plan mitigation. The Program Coordinator will also be responsible for reso'-wing differences cf ooinlon among Agency Representatives. The Prcqram Coordinator should investigate any non-compliance sauation or comalaiat, and may suspend any operation which viclstes a mitigation measure, Aa cn-goirq log will be maintained by the_ Prograa Coordimator (or designee) to exp_ain cha-ges to the stags oL the measures, and t..*.ereby, to docwaer,t oomgiiaree; eomplianca with the measures should be supported by a brief narrative. Agerev Aeare=ertat~ve. Agency Representatives will be respors ible for verifying comp ll once wit: those mitigation aeasures within their permit ,authority or area of expertise, Compiiarce w_11 be tracked t.*.rough the use of he log identified under Proje_. Cocrd'_rator~ above. AEPORTIBG CCMPOTtENT ': Y.e reporting component requi: es document aticn and public disclosure of the status of the program. Sinea the purpose of the reporting component Ss to provide information to the public and decision-makers, the Program Coordinator will prepare a yearly comprehensive status report. This report shall consist o! the log of the status of adopted mitigation measures to date and t.*.e information derived by the Program Coordiaater .."rom periodic ecmnunications with Aqercy Representatives. The yearly report shall be subnitted to the Planning Commission as an information item, Upcn request, all reports generated by this program shall be available for public review. PROGRL}t SMPLE}SLNT7ITION Implementation of. the adopted mitigation measures will occur in three different stages: prior to Specifir_ Plan ordinance adonticr., prior to individual project approval, and continuing (on-going mitigation;. Tne 3esr_ripticn o£ these stages follows: P~'o~ to ~nec~Pic Pear ordinance adopt=op: Tnis refers to those adopted mitigation measures that are implemented through the lneluaicn of language in the proposed Central City west specific Plan Ordinance. These measures will be easily verifisd by the Program Coordinator through an analysis of the 5_cecific Pian ordinance upon adoption. Prier to individual project amvro_vai; T*.is rePzrs to t ose adopted mitigation measures that mast be completed and verified prior tp the issue..^.ce of a auildinq Permit or Certificate of occupancy for an individual land use development project. Usually this particular measure is verified by the agenoy responsible for requiring the conditicn or mitigation aeasura. cprt inuina Dieasuras; Cn-going or past-adoption measures refer to those adopted nitigation aeas+ares which will be monitored for an extended per'-od of time, generally on an annual progress report!ng basis. To facilitate the implementation of the adopted nitigation measures, trio timing - when a measure will be parried out, trio responsible party - who is responsible fo:r verifying coapliance with a measure, and lapiementat:.on - ho+a measures will be implemented, have been identified for each of t::s adopted mitigatior, measures, and era 3etaiiad in t::e attached Suranary of "fitigatipr. :!ensures, incorporated herein. emcu.~s oa xxxxaaxroa xaaeanas Mitigation x =<„re A_, ,• Future tiered ~envirarmental review of projects sought to be developed pursuant to the Specific Plan will address visual quality effects in Pu:~ther detail. Visual affects will also be evaluated and taken into consideration as part of the design work for all projects which could result in significant visual impacts. Mcn't ~Za Aa n ••: Depar'.ment of City Planning v'_li ensure individual prcjects' comaliaree wit.: Specific Plan Performance Tt~ f-ama: Prior to approval of building permits for individual projects. Mitigation Measu~ 8-1 Desiqr, of the aerial porticos oP the elevated transitway and transit mail to be developed above Glendale 3culevard shall include adjacent Landscaping and structnra3 texturing and articulation to reduce potential visual impacts. '?c^ztor~~a Aaencv: LADOT, Caltrans and L\CT.C Ferf^rnan u minnf..ame: prior t0 t:ranSitway and 'transit mall corst^~cticn, Mi +aa '_on Maa<,re a-a 1: The lighting plans for indiv idsal pre0 act development shat ba approved by the Denar :went of Building and Safety to ensure that lighting will not adversely affect neighboring residential property. Monitor+r~ as n Department o.'_ Building an3 Safety and Adviscry Agency Per_cr-,a nce r+~ef~~Ta• prior to approval of buiLdinq permits far individual projects. Mttlaation Measu-e B- The exter'_or glazing of co-tmercial bun dings exceeding certain height levels shall be PPG-5-a0 glass or similar low-reflectivity product. Moritorina Aaencv: Depa rtaent a,'. Buildirq and Safety a..^.d Adviscry Agency Performarca r!ma ame: prior to apprcval of bui:ldinq pewits for individual projects. Nlt!aaticn Measure 8-a 3: Artificial light. and glare will ba evaluated and taken into consideration as part of '.he dea:ign work for all projects which could result in significant artificial light or glare lapaets. *!or'-o~ina Aaencv: Department of City Planning will ersure i.^.dividual prjects' come»iance with speci£ie Plan 2erPormance Timeframe: Prior to approval of building permits Lor individual prof eels. Mitigation Measure 9-1 .1: Each individual mid-rise and high- rise project shall be evaluated as part o! its environmental documentation Por shade and shadow impacts on sensitive residentia_ and open space uses both adj scant to and within the CCW area, and conditions shall be imposed through the Site Plan Review process to mitigate any such impacts. Monitoring Aaencv: CepartWent o! City Planning wil'_ ensure individual prcjeets' comp~iance with speaiP'_c Pion Performance Timaframe: Prior to approval of building permits for Sndividual projects. Mitigatior. Measure B-3.2: The site Plan Review Prccess shall ccnsider the potential for general shading withir. a locale in the proposed R5, C ar M zones as an e'_ement a~f building and public space design. Manitcrinq_A,~encv; Departaent of City ?l.a nninq Perf nrmance Timeframe: Prior to approval of building permits for individual prcjects. Mitig~jicr. Measure D-1.1: The phasing of transpor:at ior. improvements will ensure that the improvements are developed commersurate with land use development, in accordance wit: the four specif_c Plar. program phases. Monitoring Aaen~: Gepartment o:f Transpo:rtatior. ?erf ormancg T+mefraae: Prior to approval cf building permits for individual projects. ~itiaation Measure D-1.2: Dedications of rights-of-way shall be rert-ired prior to specific-protect approve: of pernitted CCw area developments. Monitozina Aaencv: aureau of Eng.neezirg Per!ormance Tlmef reme: Prior to approval oL building permits for individual projects. Mitiaaticn Measure -?,~; Pricr ~c proj ec- approval additional, protect-specifle and e•.:mulative analyses cf transportation impacts shad be included in the environmental dccamentation fcr future development projects at each of the locat'_ens registering significant adverse impacts in the CCW area. v n~- r+na Aa acv: Ls1DCT ~e-a~r+.anca Timeframe: prior to approval of bui:dinq permits for individual projects. 1!itiaation Measure D-1.4; The transporta'ticn improvements contained in the Specific Plan should be designed a.^.d implemented by LADOT, Caitrans, LACTC and SCRTD. Mcnitorina Aaercv; iADCT, Caltrars, I?CTC and 3CRTD Performance Tiaeframe: During esr_h oL the four dove:epmert phases contained in the Specific Plan. Mitigation Measure S-i.i: The Department of Transportation will monitcr and ensure the implementaticn of the transpor`.ation improvements and the transportation demand aaragement plan contained 1.^. t.*.e Specific Plan to additionally mit'_gate mobi'_e- source air impacts. Mon! tor! ~q Aaercv; i.ADOT Perfornance Timeframe: Ccrtiruinq annual monitoring and reporting. Mit"aa 'o was+~~ E-3 is The developmen•c of high-rise structures should require wind modeling, which takes into account the stracture's design and Location relative to existing and planned structures nearby, in order to determine tze effects and design improvements necessary to reduce w.iudjettirn3 and turbulence to acceptable levels. won~toar„c Acencv: Department o City PLa rning will ensure individua: projects' compliance with Specific Pian Pe rfcrmance Tiaeframe: Prior to approval of building permits for individual projects. Mitiaaticn Measure F-1; Landscape plena an areas of sensitive noise receptcrs (hospitals, residences, schools, and parks) aha11 be enhanced to butler and absorb ambient noise. Mc ~ enc Cepartment o_° City Planning wail ensure individual prat oats' compliance w.1 th specific Plan oo^°ormance mine°~ prior to app nova: of buiidirg + pe omits for individual protects. Mit:gation Mea4ure FQ : Implemertatior. cE the Specific Pian shall include plans £or functional, safe .and attractive sound barriers for the above-grade segments of a:~l HCV facilities in ..he ncrthern (residential) area of the CC'd area. Monitoring Ag ^cv; LADCT, Caltrans and LACTC ?er°ormance Tiaefram 2rior to constr act icn of a.*.ove- grade segments of HOV~facilities. Mitigatior. !!e s•+~ s-~; Stractural wnstracticn work should be limited to the hours of 7;00 a.m. to 9:00 p.m. Monday through Friday, and a:00 a.m. to 6:00 p.m. on Satarday. Mc^~`or nc Acercv; Department of au ildin~3 and Safety terformanee T'mef~ame: prior to approval of building pera:its and during construction of individual projects. Mitigatien Measvre F-4; constriction cone„acts re.Lat'_nq to individual projects developed pursuant to the Specific Plan shall be ragaired to provide for noise shielding and mufEllnq davices ..,r any power construction equipment used. Mcnito~'ng Ac n ••: Department c:` Bu i'_dinq and Safety perfcr•nance Tiae*^ame: Pr'_or to approval of building per-its for individual projects. Mi'ca`ion Measu~ ~-c; Ali protects conat:rueted pursuant to the Specific Pian shalt be required io comply with applicable provisicns of the Los Angeles City Noise 4rdirarce. Mor.itnrinq Agencv: Department o_° Building and Safety P^~`ermanee T' t-•ame: Before and during construction of :ndividuai projects. Mitigation M a<•, A ^_1 +• Ali high-rise st:rvcturee tc be dave'_cped pursuant t the Specific Plan shall be required to _nstali sprinkler systems. Monitoring A_rgnjgy; Department of Building, ar.3 Safety Perfcraia rc T~~efram prior to approval of building permits for individual projects. Mitigation Measures G-1 - All projects d<:ti'eloped pursuant to the SpeciP:c Plan shall conform with applicable access and builflinq systems requirements, as mare particularly described in t?:e completed ELR• Manitorina Aaencv: LaFD, Bureau of Engineering and + Adv:eery Agency Performance Timeframe: Prior to approval of bui ldirg pe^its for individual projects. Mitigation Measure G-i.3; Individual proj acts dev~elcped pursuant to the Specific Plan shall be required to expand v.ater systems in the CCW area Sn order to serve individual sites. Monitoring Aaencv: i.AFD, Bureau of Engineering, LADWP and Advisory Agency terformaDce Timeframe: Prior to approvai of building permits for individual projects, Mitigation Measure G-i.a; Tax revenues from individual proj eat development should be used to fund expansion of fire protection facilities and services. Mo.^.Ltaring Aaencv; iA: D Perfcrmance Timeframe: Throughout the lice of the S^yeC1ZiC Pldn. Mitigation Measure G-2.i: Additional police prcte~otlon facilities either through the Los Angeles Police Department or through one private security service serving She entire CCW area will be provided as re quirad, through the tiered environmental review of individual development projects. Mor.itorinq Ageney: LAPD; Depart:ent of City Planning will ensure individual projects -ompliance wlt:.^. Specific ?lap Perforaance Timeframe: Prior to approval of building permits far individual projects, Nitiaaticr. Measure c-2.2: Individual development protects prcposed pursuant tc the Specific P1ar. should comp.Ly with recommendaticns from the crime Preventior. Vnit of :.,A.PD anti with Municipal Ccde security stsndards and shouid be de:;igred witri consideratior, fcr the security cf residents, employees, visitors and property. Mo^it orira Aaencv: LAPC and Advisory Agency Perf^rmance Timeframe: Prior to approvai of bu i:: ding permits far individual projects. Kit iaation Measure G-2.}: Proj act developers shau :d confer directly wity the LAPD for review of the proposed aciiitles and security plans, and shouid supply the Rampart Division with a set of pl a.^s for each buiidiry, identifyiry ar_r_ess rouses, su'_te numbers and gay other information that may assist police + response. `~on~tcr~aa Aaencv: LA27 and Depa.-tmant of City Planning will ensure individual projects' compliance with Specitic P1ar. performance Timetrame: ?riar to approval o! building permits for individual projects. Mitigation Measure G-2.4: Tax revenues from individual project development should be used to fund expansion ct pc lice protection facilities and services. Monitoring Agency: LAPD P_rfaraance Tiaetrame: ThroughouC the life of t«e Specific Plan. M it'_gation Measure G-2.5: The City shall provide an additional twenty-four police officers, as needed, over the twenty-year life of the Specific Plan. Monitoring ?Lgencv: LAPD ?er°. ormance Timef^aae: rhzcughout the life of the Spec:f is 21an. Mitigatior. Measure G-3.1: A:1 projects dcavel oped 7ursuant to the Specitic P1ar, will be subject to a sehocl district fee equal to $1.56 per square fcoC of residential develnpment and 50,26 per square foct cf commercia'_ develcpmer,t. Mcr.itorina Aaencv: Department o:f Building and Safety Ferfcrnanee T'_meframe: Prior to approval of building permits for individual projects. Mitigation Measure G-3.2: The City of Los Angeles shall assist _., identif~?inq land that could be aequL ed and used to school corst:.:ct i en . Monitor inq_Agencv; LACSD shall monitor sr_h ool needs and coordinate ident_fication of land for school ccnst;.cctior,. Performance Timetrame: Coatinuinq annual monitoring and reoortinq. Mitigation Measure G-4.1: The Los Angeles City Public Library administraticr. shall evaluate aver time when growth in the area will require further library additions or increase:a in staff and service hours, with any necessary expansion of library facilities being Funded through assessments on a Com:aunity Pa_iiity Distrlict established Pcr the area. Mcr.itorina Aaencv: LA Public Lia;:ary shall mcnltor library needs and coordinate id~nntiPication of opportunities far library expansion. Perferaance Timeframe; Continuing annual mor.'_toring and reporting. Mit iaation Measure G-5.1: Access to a majority of open space area and recreational resources developed in the CCW area shcul3 be ensured tc attain a m'_nimum o£ Piety-tae (52; mores total serving the area. Mon±tcrina Aaencv; Department of City Planning Performance Timeframe: Continuing annual monitoeing and reporting. Mitigation Measure G-5.2; The Department oP Recreaticn and Parks, ut'_lizing Quimby fees and any other Funds deposited in the central City West oven Space Trust Accaun: provided for in the Specific Plan, shall acquire additional properties, where pcssibie, in Order t0 provide the parkland acreage totals spec'_fied within the specific Plan. Men±ter!na Aaencv; Depaa-`..mert o:: Retreat icr. and parks Performance T!aePraae: Continuing annual aonitering and reccrting. Mitigation Measure H-1: Individual projecl:5 prcpc~sed under the Specific P.ar. must ccn£orm to state Energy( Conserv~a tion Standards for Hew Residential and Hon-Residential H~xildings. :!cn itor na Aaen~: Department o: building and Safety and LADWP Performance Tiaeframe: Prior to approval of building permits fox individual projects, Mitigation Measure ?-3.1: Individual projects developed under the specific Plan shall comply with all conservatior, measures mandated by Los Angeles City ordinances pqr new structures. Monitcr±no Aaencv: Department o Building and Safety and LADWp Performance Timeframe: 2r for to t~pp royal of building permits Por individual projects. MSt: :Cn Yeas ~~o '_ .h ~a: i~. :~~ '^ a Smev...c P"_.ln shall regaire xeriscape using native and drought-tclera»t specie3 ir. the CC'A area. ""cn'*or'^v Acencv: Department o: Bu'_lding and Safety Performance T'_me'-ame: Prior to approval of building permits for individual projects. Mitiqat ior. wee s•+- *-a t; Zndividual projects developed 'ender the Specific Plan shall wmply with City requirements Eor water conservatior, devices in new St_SCtllrE9. Mon'-r~nc Acen Eureau of Engineering and Adv iscry Agency ?P~°oz~ance m: 'rase: Prior "O apprcval cf building perm its for individual proj Bets, Yi±iaaticn ?!ea=+ a i-6 z: The Specific P1a:: requires dual p'.umbinq of comaercial straetures to provide for grey-water recycling. Monitcrine Acency; Cepartaent o5 Eu ilding and Safety{ Bureau of Sanitation Performance T'aeP-ame; Pr'_or to approval of 'sui.ldirq pe^ its for individual projects. Kit ication weasu^a i-4 ~; No new sewer hook-ups s;:all be allowed before treataent and tr ansmission capacity is available. Mcnitoriry Acen~; Bureau of Eng_neering and Adviscry Agency Per?ormaa a T~m.+f-ame: prier to approval of buildirq Pe rai is for individual projects.. M±tiva'9 on Keasure i-5^•; The Specific P=an shall rec,aire source separa_ion and recyel_..g far development projects is the Ccw area. '"on "-or rc Acercv: Bureau of Engineering Pe rfo rmanee m~ e°^ ConCinuing annual aonitorirg and reporting. ~; cation Measure '-i: A survey shall bee complet+ad on proposed development sites in the oil field area to verify the abandonment status of any inactive wells and Co estimate the likelihood and extent of gas accumulation at each site as develop:aent proceeds. Based on these sur+eys, inactive wells may have to u.-:dezgr. re- abandonmert to meet present standards. E:.ther gas venting systems cr the maintenance of some wells as active she:1 also be required tc keen such gas from accnmulati~g to dangerous levels. iP all active wells are abandoned, then a gas venting system '~ aufEicient to maintain gas at acceptable levels must 6e installed to the satisfaction of the State Divisicn of Gii an3 Gas. Mcnitgrina Aaencv: State Division oP Gil and Gas Fer°craance Timef _^aae: Prior tc approval o£ bui131nq permits for individual projects. Mitiaation Measure "-2; With regard to the use, ramCVdl and generation of hazardous materials, oomplianee with all applicable local, state and federal requirements must be ensured before approval of proposed development pursuant to the Specific Plan. Mon i`cr'tia Aaencv: Depar`..aent of City Planning will ensure individual projects' compliance with Specific Plan. ITFD and State Departmen: of Health Services shall monitor stcraga, use and transportaticn of hazardous materials. Perforaance Timeframe: prior to approval eE buildirq permits for individual projects; eortinuing annual menitoring and reporting. Miti gation Measure K-~; Guidelines Eor individual project haul routes (pziaary Youtes and times of dayj shculd be identified. Mcnitcr'na Aaencv; Department of 3uilding and Safety Grading Divisicn ? rf reran a ^'~- c-•-^; Prior to approval of build 1.^,q pe omits Por individual projects, Mitiaation Meacure K 2: Grading activity shall comply witII Municipal Code Grading Regulations to ensure the use of proper grading tec.*.niques. Monitoring Aae~c~: Department o:? 9uildirq and Safety Grading Divisicn Perfaraance ^1me F.-a,e; prior to approval oP building permits for individual projects Mit'ga~ich Mea s• ~: If hazardous soils are exported as a result of excavation, they aha11 be dispo;3eed of at a class-i dump. Mon'~opina Aaencv: i.AFD and State: Department of Health services Perforaance Tiaeframe: Ccntinuing annual mor.itorinq and reporting. Mitigation Measu^e •- r'or individual &:velopment proposals on-site sto rs drains, off-site connections, extens ions and ~ expansions mall be desicned and canstructed to th_ satisfaction c£ the City Erglneer. Monitoring Aaencv: 3ureau oP Engineers.^.g Per!araance Time!rame; Prior to approval of building perxits Yor individual projects. Mit+aat~on '1 * ~; Individual developments shall comply with applicable provisions of the Floed Hacard Marageaent Ordinance and rey-+.•irements of the Bureau c' Ergiae2ring. Menstorinc Acenev; Departure..^.t o.f Buiidi.^.~~ and Safety; Bureau of Engineering 2er!o raance Tiae'^am prior to approval of buildirq pe^its for individual projects. Mitigatior. M as^ *~; Individual development projects should utilise de-Watering systems and measures to prevent construction n:.^.off fror„ flowing into on-site excavatL;ns and into Use9 off- site. Mc r._tor ina Aaencv; Departaent cf Buildin~3 and Safety Ferforaa^ce Tiaeframe: Prior to approval o£ building per-its far Sndividual projects. Mitigation Meas••re 0-+ 1: The first pros cots prcp~:sed in toe CCW area north of Sixth Street shall conduct s;.te surveys for archaeologica. and paleontological reseurces. SUb~sequent development proposals should conduct surveys until the Departaent of City Planning determines that the area has bee^ adequately investigated. If the surveys iadicata the exlstenca cf arc..*.aeological sites or resources at a pa:r!:icular site, a qualified archaeologist shall aake frequeai: period lc ingradlrg inspections to further evaluate cultural resources on the site. This indi•rdual should be a professional capable of distinquishinc redundant material fram neia finds which merit additional investigation. It arehaeologlcnl resources are found, grading and re:ated activity shall cease and a qua:ified archaeologist wi L' be consulted to assess Y.he significance of the resource and to recommend appropriate protective measures. Monitcri~a Aaen v; Departaent o:: eu siding and Safety Pero rmance Time•^as Prior to e;ppzouai of building peraits for individual projects, with contlruing annual eon:tczinq and reporting. '~ticatior Measure o-2 t; Site surveys for palecm ological resources shall be conducted prior to and during the demo.Lition and construction of the first projects tc ire developed '_n trio northern portior. of the CCw area. subsega~st development proposals should conduct surveys until th:a oepa rtaant of City Plannlnq determines that the area has been adequately investigated. Zf the surveys indicate th:e existence oZ paleontological resources at a particular site, a gttalified paleontologist shall be present during all rough grading operations. ZZ pa:eontclogieal resources are found, the paleortclegist shall stop all work in the affected area and all resources shall be excavated or greservad. McnitoriRV Aven v; Department of Build'_nq and Sataty Pertormance Tiae~rame: Prior to approval of building penits Eor individual projects, with continuing annual mcr.i to ring and reporting. Mitisatien x aa.-e o-~ l; The specitic Plan shall identity specitic historic structures to be maintained and/or moved to designated receptor zones, and provide incentives for property owners to preserve these stractures. McnStorina Avenev: City Cultural Heritage Commission shall designate appropriate buildings as Historic Caltural Monuments Forfar-lance msmeframe: Prior to issuance of demolition permits Lor the structures iden•_ified in t.9e specific P'_an ordinance for historlc designation. Mit!vaticn Meas•> > o-~ Future studies should be conducted to determine the pcten tial for the establishment of Historic Preservation Cver:av Zones. Ycnitcrina Agency: City Cultures Heritage Commission steal: designate appropriate clusters as 3istoric Preservation overlay Zones Performance Timef amp; Prior to issuance of demolition permits for the structures idenvitied in the specitic Plar. ordinance for historic designdtloR. C,:Y PLAN CASE ~O. 3'~t82 codes. Y.urdreds a[ neighborhood cesiCents and prox^~ awnea amended ;here workshops and hearngs, providing input net only through the Str2ring Committee process, Du: also thmu¢h the public paa:mpauon prngam. ?he Staring Commi[ta, based en the consultant ranmmendations and pubiic inout, recommended the dreh SpedSc Pan program to the C:r± stall .a August of 1985. OE'°.aa!ly, the Steering Committee essentiedy damre the work program complete, thus toning over :he processing of a Speefic Plen to the City ,7eoaruneats of Panning and Transoortanoa. A drab Specific Plan was released by the City Planning .7epanmem er. Ncvembe: 2, 1985• 12. ','he ?!an, as origmaiiy proposed, provide4 far en[itlemens and a fdlure Land usa forecast of about ie million square feet and '.2,000 dwelling units in :he ;+ear 2010, vnth an additional 35 miWon square Cat of mmmerdal development at bu,;doua subject :o disemionary approval Crom the CSry. F:owntt, by a:pion taken cn Iune 2, 1990 after a public hearing, the City ?lamming Conmisaien reduud the amoua: of son-ratdeatial entttlements for :he year 2010 to 27.5 million sgt>a~e leer. In adcition. the ?:anaiag G:matission ;nc;eased the number of dwel(Ing unit; anrlc!cated ey the SoeciRc P!an u> iJ,SC4 a[ buildout in response to a comment receivui ::om the Scuthc:n Califoreia Assxatloa of Governments ('SC>G") Dy la[er dared February ~'. 1990, whkh stated ;hat an additional 2,2Q7 dwelling amts were needec in order for the Soeafic Plan to be crsisrent with SCAG's job•hotuing balana polia<s. On November 20 and December !;. 1990, the 2!amm~g 'and se Maaagemem Comminee ('?LUM Cammitue') consider ed the Spec'fie ?!an (a:; ;raumttteA by the Cary ?fanning Commission, the Ciry Attorney sad lhu Mayor). `te ?Li:M Cammiua approved certain amendments to the Soec:flc Plan and sued Its repot, m the C;N Couael, recommending adoption of ehe Spm5c P;an as amended. (;pon fral conside;atioa of the rela(ivc bcneflu ofttted under Ute Spedfic Pan and 'he alteratives the: eto aamined in the Final Et?i, the PLUM Committee also instrured ;he Cits ?fanning Depanmeat to prepare and process additional SpaiSc xad Genc:al Plan amendments, the eHea o} which would further incratse the amount of pateatiai housing antler :he Specific Pan (ram 14,500 dwelling amts to anprozlmuely 18,000 •uniu. 'I~ese Phan amendments was approved by the Ciry Councl on Decembr. 18. 1990. 77tae Plan amendments will be suD;at to independent ensnrorm•ental analysts and review prior to their adoption. However, the additional impacts, d r.ny, czused by the resultant potea•,ial iattease in dwelling uaiu have bxa aoaoolated Loco the analvsla of .al:erdatlve 5, vrhkh aotsears In the EIR sea have Mtn analned and mnstde: ed by the Council, and ue referenced herein (sec Pamgmph :T, below). "he Specific Plan will program transpartanon system and access improvemenu mmmensutau with mmmerral dcvelopmenp and will seek to improve :he balance between ;065 and housing in the CCW area. Crbaa design guide:mes and hrstortc CI:Y PI•ACf CAS'e ti0. 9i-:92 • Desone the subsuntfa;iy Icwer Land use develcpmen: level projemed ~mde: a less intensive Sper;fic ?an al[a~rtative, rho ahvnatixe vii jgnir Ia contlnuW growth !a the CCW area avd regional tra@ie geaerauon without adequate funding ana development of as integrated program of roadway, transit and demand management imprwamens a x tesalt of the tetitrmd level of aovt®deatial dexdoemmt. shits Y the >rrinat>u aota oa rcvram nmantlon for tneieaed tta~orntba tmnros®mty 7~ia woWd r~Wt in increased mrgesnon and tratitcwelated Impacu on ur pa)unnt and noise levels ove:a!l. Development would 6e tess iateu;ve with .sssodated lows:r demand tar st:vitxs and utilities. 'Iba job-noosing nuo would at comparable :o that of the Spad6c PSan, however the rota) noustag producsd and/or replaced under chi altrnarive would x less [hap order the SoeclCtc P'aa. In panicWar, the ability rnvm nmerated thtoanh the Ha®ac I~ae ika. an matrsidmtlaf desebvmear. and the reota®ea[ Demine oMltatloea maufned •n tha Plan would be imtrdioent vender thin ahtrnatlxE m provide aCordabte haustag ~..^„~n ~• m the earmt jt,~evided tot Ia the Plan. Therefore, we:all, this altemarive o not cteariy enviroamennlly superior to tie Spectt3t Plan. A12hough this Alternative appezts !v provide a redue.•;on in same adverse cnviroatrental eHec3 relative tv the Specific P:an, consrdentlon of ::te tamamic feasiDlliry of vertain of tts key provisions is necessary. To implement this less-intensive atte: native, :narimum ailowatle FP,A ande: the SpeaP.c Pun would tx retlucea from 6.0 In S, u" in :he G' mne. HurA on an emromic analvsu of FAR 3.0 dcve:opmcat intensities, the maximum suppvraDie development fees would render htfessible Vie. adequate usassmeat of fear for the tnmporution, hcusing and related infiuttucture improvement nmpcnenrs of the P:an, as demonstrated in the anaiyaes inc;uCed in the. mmple•.ed ESA, In addition. thin aiternaGVe may reader vuav tvees at nrtrocatd develoomeat i~fizs_Sa :; ode: FAA 6,0 icenenos o[ C-:ape enunemens (as wtt6 the Spegfic Plaa), i(a total of 16 milion square leer of non-cesidemiai uses were developed, land costs at the :Harker rate of some Si~O per square fast of mmm:rcallyaoned land would represent under i9% of total develepmem cosu, ana would roul 5666,OQ9,000 for CCW aros developmcar. Linder tha FAR 4.0 smnario, the same Land rusts would compcsa: over 23% cf :oul developmem msu. The result, under me FAR a.0 - 57:~05F Sand Cost saaario would be that ne: tnmme for hote6 oKtce and oNer nan•residential uses would be lower than costs at a lOW rate o! return. melting such develcomemt, as well as the payment of developer fees, economically infeasible Retail uses coder this sceaaro mold pay fees of same SSd4 per square foot mere :haw eustiag lea assessed through Ctty.wide programs (including perks, schools wad sewan). The average aoe•resileatial rate of a ncminel 50.14 per square foot woultl be mace available for CCW area programs of tnmpoi~tuion irrfru;ruaure and housing developmem. Therefore. depending on land cast, many apes of provosed development woWd Hat be eeemomically fas~,bte. Futthennorc, the projected revenue generated from development fees (a maairttum of some 566 million) would not be suffiaeet to fund rnnsit, traruponation tlemand management ar housing pregnms proposal by Specific Plan, even at redaced densities in :his altemaove. 63 W'asre); and (v) Cultural Resources (His;oriwl Rcsoarres) are acsptable for :he reasons stated in ?arag:aph iB at :his document. 2'. ~itmtfinat [aa acs of ^•enem' and Sysec+ is Plan Ameadmenn Ptnoosed by PL L'~s Committee. ~"o esker=C noel 7ece=M~ " '~^ .y diacuse~ eatlirr, the PL'Jti1 Q~mtnittee wandered the Spet_Hc Pan (as rransmi[tcd by the GSry Planning Commission, the Ciry Attorney and me Nava) on `Ira[rleEet ~. 1990 1~3OIiL Dramher 11. 199Q Tha ?LCSf Cammi¢ee aoProved certain amertdmenes to :he Speelfle ?'.an and 'SSUe6 Hs :epo:: m the City C.iurrl, reeommeadfng adoption of the SoeciHc Ptan as amended. ;: pen foil ~,tuiderar'o.^. of the relative beneflLt ot7rnb untie; the SpeclHe P'an and else al;e::w[ives thereto trammed in the Final E2R, the PLUM Comavt;ee also iasvuc:ed :he C(ry P!anrang Department m prepare and proms additional Specfic and General ?!an amendmen6, use e.Tea of welch would further increase the amours[ of potential hous;ng under ;he Specific Plan 8om 3a„i00 dweLLiag unto to approumately 18,000 unto. The purpose of these amcndmenn is to Inmraorste into tae SpectHC Plan uertatn benefits assxated with an iaaeasa in the amount of :esideaaal develonmeal in the CC`a~' area, inc:uaing the Purtlter improvement of the area's jab-,4atuia; balance, while prese:v:ag the advantages derived untle: the P!an, tts onginally ached. :'u ?! L:N Committee :ecormnendatica to itdaate tnex Ptaa am.Cndmeau was aa.row„d by the Ciry G;uncl on December 18, 19'4. a.ese it m naastbte that thex amsad_manu mat toot 1sf adonmd. Aforeovri. -Lee P:an amendments well ba suh)ea :o independent environmental analysis and review poor to tGUr adootlon. However t,_,xo the nurDOre a( ormtntivrt the demioomatm viW etsf infomt artnant o[ ivhrrmatitm possable tae followme addrnoaal potennal tmpars. welch may be natuW oy nay :esuitant inaease in awelilag unlu, have been eaVaDOlatHd troro the EiFi u ttttviomly disatstr~ and have trrn ana(}zcd and considered Sy the Cauncii. Land Cse rGeaeral ?!an 7, The implementaticn cf additional residential dewlopmeat er.;;demenis would require amendments to the Gmteral Plan andror .he Speaflc Plan. However, the provisicn of addaonal hooting unl[t in the azea i5 consisteet with the Gercral ?Ian. ;-and :;se /SrteciHc P!ar.t. ate amendments proposed to be made will result in an mcrtase m res:dentlal density of approcmatefy ?A°b relative to tY,e Specific P!an. Vevesidential density will net be affected. Yo significant advers: imoacts rulatiag to lard ue (Specific P!an; are ezpec;rrl to ;esuit from '~hls change. L'bar. ^esi¢n fAes:he:ics';. The amendments proparW to be made mll result In similar massing, height and visual impacu as the Specific PL•m. Tice urbna deign guidelines wntained in the SpcrSc ?Ian will cantirue ro apply. Therefore, no additional stgn:hcaat aesthetic imears are ezpeaed to occur as a result of the imtflementatlon of these ameadmeru. S6a^ Cdr, rAntfidal Li¢ht), implementation ct these amendments are s not zhpered to increase potenttal artificsal fight tmpans relative to the Spec:He Plan. .~ CITY PL1N C.1Sc NC. 57-182 r C; her. Destan (Shade and Chadgw~. :malemmtanon of these amendmenra ace ~ na[ G[oe:.eA :o Incense potential shaCe5ha6ow imvacs rela[ive to il:e Specific Plan, u the same standards and provts;cns will apply. :ohs and Housing (Housing and Pooulationj. Imp,emenwtioa of the amendmenn Wl result in an incense of aoprtmmately 3500 aweliing daiu s Ne CCW azea rt rea;:ve to the Speafu ?lan, thereby providing add:Honal, muttt•naeded, housing oaponunities. No signifiant adverse hotuing impaes are expeaud. :obs and Housln¢ lJon•Housina 3ala~cel. Imdemmtatlaa o: the amendmenp will res:ut :n a sigm6caat imprrnment of the job-housing balance through the addition of aoproaitnatety 3500 dwe:liag units, from 6.6 Jobs•per•unlr npder ibe S~edHC, Pffin to aaproutna rely 5.1: )obs-per-ua;c This will have a net beaefidal .copse. °:aasnortation and Cirrulanon (1'radic and Rfaht,tt•Wav). Imolameantion of Ihu amendments will res:~:t in esHma[ed :ctals of ??,89.1 is daily trips and 33,77'! p.a-peak hour t::ps, represeamg increases of z62% and 2099c, respemtvei}, over current cord:'t:ons. i:tis will represent an incemenml iaae.x above the SpeaSc PWl a[ buildout Mitintbv a( thY impact wotaW rvaoire smolisnm with the tniifstioe Ineaaarez vrwided in Puaaaah 2alDtltl show wnatton and_Glrcvlat{on !ParHnal, Implemantatlon of [he amendmru wi11 .a as - c "^ iaaesae iv the tonal stamMt of oR-t~vt raidaaual are anagoated. Ai: Air Quality?. Implementation of the amendme::u will not rsul: ;n env nddiriovW stem :ant charge N :he mtpacs on asr aualhy, retlt.ve td the Speat?c P:an. Therefore 0o addinonal mlrfaatloc tt(marus weld he nerssarr. :Vr rMetenraio¢r. Wind EHectsl. Implementation of the amendments will have similar effects az ;Ile Soeafic Plan, Therefore, no addiuoral mmgat!on measures ~.vnuld be neCPaSdN. Noise. imolemeannon of the amendments wi;l have similar eHes(s u the Specific Plan. Therefore, no additSonal miaganon mrasuces wool<l 'x necessary. ~ahlic Ser+ices (Fire P•atection;, Implementation of the amendments would ;acrementaliy inc: ease ;mpams do ;he provBion of fire protemton and emerganry medial service; compared to deve:opment of the SpeciSe Flea. Mitintlov of Ihm imetta wottW P~.Inlic Semres (Polio Protacnon?. lmplemenradon of the amendments would ~.naemenuily Ins, ease Impacts nn Ne provision of ptlice proteaian and emergeary servlues wmpeted to devx(opmeat of the Speafic Pldn, Mitinticp of tlsia impact Puhiic Se~nce5 tSchnols a tLd.('branesl. [mplemenunon of the amendments will result m a rout of .,5:U smdenu, ihc;udrag L3~0 elementary school Hudson. 645 junta( high C1TT PL1.Y C.15c \'O S"-182 >caool s[udents and 6a,' nigh school stuCeact, 'r'cweve:.:evenues for xhool faeiilttes woWd :esW[ from assessments on the new :esidenua. d. ~elopmect. !Vo atlCitlanal mtuea::on measures etc propcsed. .ae additional r:sidens ,viii ~~dso !rtzease ;ae demand far ilbrary hcilitirs and seniaes, bu[ not abcrve the :eveL< provided (or In the atrrenc implementation of the itbrary 'rlemeat of the Gtaeral Pian. Public Services !Parks a d Q .-•~ ; a~. ?'he ineeu:d :esiCea[iai population resulting `ram !molemenution of :he amendmens may inaeme¢tal!y iaaease ;he need for parks and recreational open space, relative to :he Spealf: P'an. Ho-wcw, the provisiam of the Spcciac Plan antl Implementation o[ the proposes mitigation measure is er a;'oecred to reduce any adverse :mpars to a iess.than-significan:revel. 'cae:¢v and Power. impicmemation o[ the ameadne¢u sn4 result is :ae consumptfnn of an addidoaal 3149,100 Kwh et zlee:nr'ry and ffi6,798 MCF of na[ural gas at ncildou[, relative to the Specitc Plan. Mitineoa d this imma avaUd :mnire mmoiiaa¢ with the miriatioo measures otwWea {p PanttnOh 'SfH1 ahosti ~tiliues rWarer Rasourrts `~, imolememaaen of the ameadmeacs will resuit N inaeaaed wave: usage ;0 213sro of current i1ie, as compared svl~:h 160,0 of curen[ ux undo [he S oerfic Plaa Wrlntion o[ Wb Imaert .odd rm'aire mmnt;a,ne aria!, ,t,. m:.:...:... :si::ies rSewe~`. Impiemea[anon of :he amendmc;:u will :quit ;a inc; eased sewer demean by u,8 mtltioa gallons x: day, or 202°'o of curent use, s; compared with 127c6 of ca:;ent uu under tae Spec;Fc P'an. Mitin[ioe o[ the imrue wotad tmolre mmnlian¢ wire the mitieetiou mast! ^^a~ed to Paramoh 21(Il(dl shos~ ::alines r5oild Wbstel. imalemen[attcn of the amzzdmenu will trtaease tae generatlon of solid waste :rom 315.000 peuam ce: day at nuiliou[ urde: ;hz Specific ?laa to 7"6,:OC pounds per day. Mlttatloe of the imnea aoald reonve mmotianm with the Saferv and Qislr of 'o t. implementation o[ the ;[meadmcnts w.:i not significantly alter :he sk compared to the Specific P!an. ?rape; abnndonmers of ua weL's 'wtll mtnimiu ary adverse ;mpars. Perth fir teen Topcp soh .t impiementatton of thn amendmenn is not t~pectted ro have stgrrlicaa;ly difte:eo[ impacu than the Sperfic PIa».~ 'Ib.7efott: no additioaW mitt®tbo mtasara aoold ne ueocsarv =arh rGmlomc 's9.~.d3. T'he seismic impacs wiil be similar to the Soec:flc Plan. 'therefore. oo additloeal mitt tioa mans rn wot~l 's mcessarv, • Water rSurfaee Water 2unoH - HudrrlrrN Gfound_Wa_ ter ;. Impiemenution o[ taE amendments wvl have s:mllar e(fers as the Spmfii ?len, Urban design element reautreme¢u for Iandsppmg will reduce surface runoK, strtular tc the Specific plan. 'iherUore nc addi[fnnL mitimtio measures no be oeassarv. • Pima. lmolemcotatlon of the amendmem u noc ea'psc;ed to nave any adverse biological impars. 73ereftare no sdditlonal mltiutioo merett~a voaW be tecasan. Cahural Resources lArchamlo¢y and ?almnmloev?, ?mplementat;ea of ;he amendmean is qot espectW to have any additional sizntficaat tmpaes. Thrae~ote, ra) addirio~l midntion meaaarea aaoWd he ntecaa~ry. Cl:!tural Resources !??istornll, implemcataren cf ;he amendmrnu is not mrpeCed !o have any additional stgnifinnr impacts. VL STATEI~?vT OF OVPRRIDING CONSIDP1tA77ONS 28. TSe =ina1 E?R has fdenttfted signtP.tant unavoidable impacts which will result from implemcnmtion o! the proposed pre)ect Additiooaliv. the otovmad Stsmfic atsd :StNS(D) of use State C'eQA Guidelines provides that when the UeCLtfon of the publk ageaq allows tae om:renee of slgnlffcant impacts wblah are idruitled in the EIR bat are act at least substantially tnitigeted. ;Ac agency mast state in anitmg the reasons ;e sucaer: its acacn oascd an the camoletea EfR ana'nr other igtotmanon N Ne record. Sac en 10 of A[[tde V( of the Cay~ot ~ Angeles CEQA Guidelines ;equlres that the decstoamaker adopt a Sratemeat of Ovemding Comiderations az trio time of approval of a prejec: if a finds thu substanral adveru envi:ogmental impacu have been idenufleA in ;be E?R whlca unvct ae mitlga[ed to an iastgniHr,n[ level or eliminated. Acrardia¢iy, ;az Cry Ceugnl adopts the `ollewing Sntemen: of ~~vemdina G:ns:demtlons. Tae C;ty ;ecogmus that signiftraat and upavoiC:tble impacu will result hom ~.mplemevtaaion o/ the Specfic P;an aad the mtmrial inrnx~e iv r ' rra~a~f deveopment esttlelemenn retaltlnt from tnoaaeA SoayBe aed Ceaaual~Pla amendmenn having (i) adoptW all izastble miugrrov measure, fii) ;z7ected :he alte:narn'es ;o tae pro)ec: disnssed above, (ill) :ewgrtiud all sign;°.cant. uttawidable impacts, and (iv) balanced the benefits of tae gperfi: Plan agaimt the Plan's signittcant and uraveidahiz ztfecs, the Cin Council hereby fords ;hat the benefitt outwei_ah and overiGe the slgniflrant unavroidanle eRecta tar the reasons Stated below. Tse Celow stated reasons summeriae the bene6cs, Goals and objecvves of :Ce proposed SnceSc P:an. and provide the detadea rationale !or :Ile benefits of :he SpeC.[tc Ptav. These ovemdigg wgslderauons of emnomic, soda:., aesthetic and envi:nnmental benefits !or ;he Cea:ral City Wett Sperflc Plan outa~eiglu .~ environmeaul case, and justi!y adooren of the Specific Plan and wrtific~tion of the xmpleteA F.?R: (:) The Soedfic P!aq wafl ~mvlemeat a provLsum of :he Westlalte G~mmuniry Plan, ar, ziement o(:he General Pan, oiling for deveicnmert of a spa: fit plan tc address the transgortanon and hcusmg impacs of soillwer der e:epmenc tram .be CBD. (2) The Stxc'fic Plan will, ^pcn implementanan result m a wmple:e 21.hour community for all ugmena of the population, thrcu;a Tae wordmated provision of jobs and housing, receatioventcrammeat and amenities, coca space and recreational amenities, (i) The Spenfic Plan wa11 permit development which would result a the replacement of emsun¢ oaant lets, inmmpauD~e ;A~::cam ayes and 4eteriorating 'S ~~-~ 1. l' ~o/r,,h e~ l~o~ Q< cc°l" -F6~c+ ~ fi~i ~ ~~-,2,~crn c%r P %5 h~c~-s~-~ ~ /'I/or~`h i5 ~'~~m/Ja~a~lF / -~d-r~r ~~ ~ ~ ~ 'may Y/ c° l ~ ,~c,~-,~`,o ~ ,~ a.~~, jcr // L ~ ~ ~ ~~"~~ ~~ ~/ads .~ c~ 7- d CSC Clitr~ I / " ~ y-~ Py~~ F lei ~yh,d C{ ~ d /,' ` Y lam- C-t%Gl i`l~ '!' ~ !%fr~iz-thy c~G, /7` ~ ~ ~io~-9" CC,~~-~~ ~,~lr~lF w;~ ~u ri i~~ Cvf-,t-d, ~ ~~Q~ !5 /7G'~iretl~ ~, y<, ~i~ ,z-J~- ~- ~ 5 zCa~ l~°c~ ~to co ~ S ~ ~°~~ ~`~ric~ M /7 ~~ c~l~" ~~~~CQ ~~~,~~~ny,~ ~~o ! 5 ~~~~ ~~ l~~~c~ ~/ ~ fir, l I, l 9 9~ i ~ rtiy~lijy ~~~ r~~,~;~,~~, ~~~~~=~~>~~~ ~,~~ c1 ~~ ~~ E:~,F,~~ n-F Lti~°,~,~~;l,~f ~ ,~~~~~~~ ~~ ~l ~ 1-,<<s ~{a,~l~~ y-~• ~~,~~,~;;~,~~ ~E~,'~° E'a'rr~i~-~~a~~, ~«~:h zC~~-cam rFS~d~.~~ ~,a~/ ~r~~NIG~~~~;, ~ ,~~-, "~CI~ ~%C7-~ Ci~ ~~ )[ • fA/CJVi ~~ ~i'f ~7 ~-7Gy'7i~ ~7~ti F ~ l ~ y1 ciJ mil, /~~ ~~' ~l~s~l~~ yl~ !~~` hCS -~cr~%".~ Yom: c/i5 cIOSF ~~r~~~u~~~ ~ C~ v v^ c~' l .i"' CYi~ICr c//~~ y, ~ ham, ~rv~r c( ,,~~ ~~r ~ F~hc~~~ Z~ds%~ ~> lv~~,,~~l~~ly ~vr,~'r4^~'j ~z>~l~ c~ar/~ ~~~Jh~l~l ~r~ ~~,~l~~y~-~~~ ,~ ~~~//~~~p~ n ~~~ / C ~ ,/J i~ ~ls~ 9~S ~-''~ ,i~ ~r i ~ ~ ~ ,~~~ ~G''~j ~ C/ate s~"~S~)`O ~-~r2°~Gi't{~Prf~ ~,~ ~~ ~ ~G, ~ c° ' c~~V~1TC°~' i~ ~-c> ~r~~a~ ~~s' CG'/^(ty/ f 1 ~j c'~ pGJG(~ y~ (~~r c/~C`~1~ i^ //c°hUC° ~'c. i rl~Fi"° %~ Q /^. ~CYS~/ C'~lj~~lC%r~i~-,~l~f -~~= r~,,~-,~/y ~.~ , ~ h C'~ Ql-{ , ~~Z rc°Clt~ L"h E~ / lJ !~i'~cY~lr~ ~°d~T~~~c~l ur s ~~h~~°,~~~~~s~~,Il°s ~ y ~ r'l/l°vy ~~~, ~~ -{ire ~a?nr~rr`s~~ ~~~~/6y ~/~s~ ~ lac: c~ c/~~ry.~,.s wh ~'~ h ~~ ~~~o! irl <lvd~ fi» Uc~ ~ ~i cl~ m l hc°%o~iSr%r j~~ Grp-r.~s fr b~r~usF~ , ~- s~o~./l~/~ ro ,70 ~ ~ ~Jn~FCDrr ~L-!~~ 7-/'jlS~` U '''~y ~/ ~ x~r.~ n ~r~' `~c~'L1 t~~~' cJr~~~r ~7C-~~~ Cam' ~/~' ~~atc~~°r'~~ ~~~~ !'" i ~ w!'IPry ~}~ ~F'd~r` ~' ~`s~c:' ~`-/~ is 1~~~ ~~ -t~ ~' Cr' ~r cps ~' ~0~7 r/, ~~ ~n~ C ~' ~Vi ~ 7 t-~Gv~cl ~/C y r ~F a b U ~~~r ~~~ rte,%%c/ r~ ci~~ c°n~-~l~c~,~~= ~,-~ /~~'F O ~F r~+ giS' //roCl'f~~7, ~~ ~~5 S~rp~/c~' l~Sf-- ~i ~..~ ~v ~~ ~rYYf~~~SF L% ~~ri / ~ /9y~ r~ ~Sl ~~ 55 !~-<~ C~ G~~~%`, j r~r~ ~N N ~jJ,ri~JQS~°O `lSYz/'~~ C! ~-~ SY-Hl°2~`.< syS y-c~3'~, S ~~g-, t~I-i :;, ih~ Ct/ ; r ci 5`U ~dlt- cJr; ct~ ~~~~°~ ~ // y~~a ~ v f~fC 7~c•rlh~ ~<'1 yc~ r% ~/' C-X ~~r~tzCY~ /~GC~hc~ 1-C/ i~/sc~C! /~ i%'~ KCB ~~7~~i tC'/~ tG7n ~ /" z V! cI L° cj CYh i~ ~;~~` Lc%!Y!~[°i~ L~a/' -~~Clr~ ~~/~~/~~ L7<?C' zCiirllSSlcy<; ~i~-~ 1'r r~<; ~~~ cF~ur,~_ C;'~/ ~ Li c°a r.~ ~- r'vl/~S FiG~i%y ct 61 ~~~'~? /,~i ~' ~i,%?('' 1r ~l'Yf~ (,i7 cESp{-,~;/~~Jnc/ ~°m~.~-t-~r~nc~c.n<<`c~-r cam,?/ t~ ho ~- C~<~/~~V w<7l f^P~/~iily~ cYiy y1'i~7h(~ cr~~cl^i ~~, /GG~ ~~~' G' s ~~ns-~~ ~. / ~/ ~ ~~{ ~r~ ~ ~, lr ~2 r nC~ud~ cr ~~r,~- ~hl~ ~~i~/~a~-cry Yr1G~rl l~ ~c~r rh f ~~ /"crh-, ~~ ~ v~r,~~~' C~r~'L~ ~" O ?` `f h ~ ~ r~ ~G''t°S l~-if <o~~-f-ar~7 4 F%~~~-lra~r~ ui~i ~ x'1'1 w/~/ryrFE'Y='~~ ~' S~cI~C% f't ~ ~ r1^E'/~1z°rf~~ -~c~/~`/~~ Lc s di-~ti~~ /lPi~~-.~a/ f ~YS~<~ta-id~- ~o:,~~yF~ 1yv~7`-~'o~%Tiry~S, ~-- !~-f-! <F' CJ y- //~ItYhh/ham ~i~ c~ /'CZ°S ~~Y~~7 y~>/ ~~/ih~s ~a l/c~~/~/,'dhlF w%~l ~ /3 2 ~~O ~c5 cam'%~ ®~l~ ~'`i~ ~~ / ~ !i ~"~ c, /rte-~-,~~ ~`; ,~rF',S'c~rc~n' ~-iY~f-,//~ Y'`i~° Gl,-~~°o' d'lor~~ ~ t.,,~~ ~ r) ~~C~hIP uii `~`'7/ ~ GAL' C.k ~ d~1C1' f-{ r ~ l/ ~~l % ci mac' i~ l ~5 J~°5 -t- / h ~t'r~7`` dr1~ a~ ~ ~~I~~c°.~c~rr~t- y'~ ~ s~~ /Ccmmen ~-s Oh C~~~y o//'~ 2dh C~c~ C. UrCQmoh~a ~~/WGn !~d ~O/'~'{'1 ~~nC°C~,~'C ~J! C~G i fi r~r(/•Cfl h'7 L°r. Y(1/ ~-/hl/dl~ /CC°~C1"~ ~r SCO Y-'_' ~, I" YY-PnhGrJS :..4r^ r?26, _992 Jesnz>a :.JJ:rcn~='; eoeosl.ccJn [rJm res den`s a.^.d e:3v C: onmenc_:'sos, .::e ~L'~+~Ji ~.'.a ~chc °ccancn¢a a ^re]ar_n; _] zrnes a ceochz:! zrez ~- the .2.^^. b3J:.ei ~'~.Jpn C3L]s~~L: LSCOSSE~ JV 10210[ ?_: aQp3K2 =auLCa. :i35d :_CCd .__.: and ^CV^C3.. ____ ._5 ___C.~ ]C ~ _JN LJnS::¢Ci.'.n ^ _LLX'2r. :hcUS.'~ - ecrz ocen ._~ grave: .rc.^.e. Deve=e cr-?.^.~ >f Cie ~ :'.aada Vor-S _ ___ ?_2r. _: ea wcu'i '-wd t :cca! cJmnunier '+_=S :i- ` - 've: age p2:1': _-'. ~'"; -. _r2___: Jn:i'u:._ _c_ 2i: _r.c anc 'w2Ce'. ia: Cher ever: cmc ;:> __. -. n'er.ne'_m :>L2: services, ~=_nd desc: r+ t:,._ .ast Ai:u',tai ScriJ :-:ab:[zc _: .c___crn _=. ___'.+aada 'dc: _:', _- _or_E tac 2d iacen~ :. - acncesr c_rcer J' tie ~.._tv c. 3zncic _.:c3,pc r. __= __ _ _..-._.-.;,ne '_JCnc". ::.e spec'~i'c °_±^ '.c'.3=; a-_:o'.: rer.es ~.. ~ _ _ _ .. _. .____ ~ .___ ~.__. _____ E_ _..,___ " Jai. __ ...2 _.: _.-._ sJe'__. _- -c_.=_s _cac _.._ ..______es _._ axc=_=_s.':=__.,unsca~>-=_° _.._ =.-s: .,.. .. sc-.c __.=.:e caka _c._C.: cone ____ ':r.de: _.._ _co_.____ - -..cer^r_ns _arze_v _~rnss :.e sa:::.en - ,_ n r r;,P_ >r cose:: __. __.c'nec_ _. __. -~`.e<e ~cnes zce _or_.=_c as r-, _._ nzc: __:_ cake 'z'u_._ ,. .c.:__ __., - .._cc _. aas __ ._~:. __ 92 •cr >::r.c .ovemeat ane =.3:=- ~,. _ ~ _ .aw. dc° [u:.:er .._._L]c^e^.: ,, ._.: _~._. _2se _,:e >oren'__.. _...,_ r.ca~_ ., _-_rees.n :ie --- >e-°i:,._ su: [acz - _.:,~.... .rc. - ozk _,.-.> -:._ ,:': ad. TfIE ?;.3 cots _.. rve. i___ __: or. ... ~ra., =E.2:,-e_s, a.:^ oe',.er~ _ .,. _~:. ;venencs 'or~._,e ]:o'~=_. SuC, :zss :cane .. Je _. [~. r: ieveio cer ~`'es. The :est ';euii ]ro=_u7tabir ~Je ca_d car uv :xa_ .2x=_s .ac:uc: no 3 3'=vern::le;;c :ebcs c: __:eG Sv se!.=ng Scnds'. ^„/e^ °Lm .:. _.. JrTB^t 3re9 _.95 '+'a~ia 2 ~/?~.: cien __._ Hazard $P.'/erL Y! Z02e. :ae ?JBCI_r J.2'. ][J O~SeS :] .L...u'_ JB^ SJ3ee bu[Cer ZopeS tJ ]rOC:?L= ~oc_^.c:,?: ::c~tr= - s. ie :vome= anc esea[=.,ho us. ;, `rom. ir'IS "_r_s. -~l io ::::.- zI: ,z=']~=!i1]iacr x:^ci n¢ 'e en~ianz~r=_d d:_;v:z.: ~c'~tt hz S.-z: '; ru?; .,~,. _. >e _____ ?;. Zip C. Ln2 =ae ':^Cer`:ip5a .a _~._ tni.:4e'. ~.. _. >re. _... ....._.'>: .::_ ja:K. r.d^.... 'Cf~, +he'2 ._._ a'JOfd ., :]te..ae . :r: :. ..2r.._ ___.,'1] s.. .__.._1125 3~d`.raC pel ...~1n E9L3... . r, ._..',~ _:r"j >i2_is _.: .Ce .. : ?„ail dr32 ~?'%e ._en tdenC'_ed ... r aerai r=s:;p:ces by ':ae stare °urcace N:n: ng {nd 3ec:a.aac;.on Ac: '~?ia Rd'. ,. -- =.n1 are reserre~i [;r m. sera! deve ioonenc :..~ tae :oec;.::r ?tan. ..:_., ,rar.e ee ['. n!atam ._....r.6 :.^.? c]rrenc scare Joi:. c: o~ 'ier in,n3 po--n c.ai g ravci r[c s.=es zs a r: nerai r_sourLf. These fiash Eino:i. p2ains~are spreadz ng z rn'tnds +here xate: ;'unnEE Katie rs and soaks into the ground'.+at er '.h :c;; t5 pumce': ;~ r `.cr i. o:ai dr n4~;ng '.a ter. In :ne ~av Croek 'Hash 2nd "o?-?2a!n, ;r'r',:nr. .3 .'~ ~ ruen ?!~: ;: :ve! nine ?r>osed`,v r':r ~n?,._. _= '':.an '+r,u :~: e:Ul3va'P. _.., .. .. ^. f. :',!p!C %3r:5 Ali ear:.. J-'j<'-IU'an:l 1. nr, :.]G5 on-s.:? =5 or:2:c 1:.d canenc ~nannr 3Ct:!r!ng. :;hemtcais ernin r, ;,E nano fac t',Ir: cq ac r. ;. v:, r.'.es '.:no:~i Page • soa:< ie tc :he snreaaiag =tc and and pe flute tae gr oundwa c=*. Just (?"i1C and ?M'_nd a_=_se'_ LUxe<_ ;; om dlggi ag machines and t: ac!<s would add to Cae ?±en's uc rs:=_ni Jg ai: pe iiution. Heavy tuck _: aEfic and automobi'_e t: aif is `_rom tSe mz ne woof"_ .ea ve: through the communicv. Yone of these impacts were mi ti¢=_tad '_„ tae Spec_fic ?lzn 'cid. The San SzVanR CRreading Grounds ara aiso :eseries for poteatizi open pit mz n!ng. ~ 3• r-e4~~oC?h!~f dr{~T!'~pr~cas ~5 e~e~'/'F ~E~~ up~ 2m sir'ECYS ad.ch,G/rre~1`.~ee~~F T :cps :J 3anyan dve n'~.e ,vYca woeid dumoorac Haveo.avenuel, S,Sii 'trfc=_ m :1t "_~kzc avenue. _0,379 .er_~s,to .Ztiwanda dve nue, %,36? tri ~s t past Avenue, „ _ _ _n ~s .o Cierr7 A';enue, + „d6 t: fps to vunca^ Canyon dead, ant 9, i.£ -: _~s :J H.gh:ar:d ?.venue. Onbi :b of she era£f:c genet=_Ced by this deve_opme ;~ ';o old remaiJ '+ah1n Cie Spac c:c ?tan zrea. To mitigate -h1s 9:e 1nc: ease '_.. ..: _c aunt exa:..^s :_veis :n franc io Cuc_moe8a, the H:~ proposes ro Sc-_d Jaw streets t :ne pro-?-_ area, ';idea exis tag major dty st: eels by Sv"e, and cJmpi=_:=_ [he Hi gcway 3G Foo taut ?tee"a7 ext>nsicn `tom Las dnooies Cs,:aty t rcug^. ?ancho Cucame nga [o San 9erazrd'_ao. The GO r': eeway whlcn x.. __..en:_;~ Sex:; _ __ ':? Cal tra-,s we ul' - - ;O.JOC _., ...,. OCC _ -cs :er - -,., uz~ dane:c ;uc_e~g~ or. 6 lanes :____. _._. ons-_ders ears _ _ .. _s'x _nd _ons t:'.:cc ne a= - : _: _c!. - - _ans'..._._- e, -~lz _:. J3 _os c- of ens =_:~]' ,: z.^._e ry -. .,ewav, ?he':U, .__~.,a- :- -:e~er•',e ~a__~[~.' __ _~ wa naa Yore:': deve: oned icca. :,dents ca^.=ex:_ct r'ce c:- t: of c - :oak ;ur.'+='_i:<a the San ier :ands 'i ai lav :. 'U=': ea:<. Acc:rd+no the Scut: ~cas~ .{~: lua.__; Nanzgement Jisr!c: iSCdQi!C;, '.hen t- - _ - _ ws .: om an average ;9 :1Pti to i0 `1PH, aurorae SCie emi-ion<_ ...e. given w;,. h. even t'.:ai ca___c :.np rovemen ts, Sty;znda :Jo rca t: a::cc a__ ldeuad= __. ___. _J xesterJ ~~,: 3e rear di no Ccuaty. `".a n? res_aen!s ~: da nc JO Cacamcngz nc ved co :..,. _: camm•,];-CV f.. ___ .. ___ . es oeead ..nos __. 3uc. ,.war.da High Scnoc- os now qa„ -,n'uden-s over ~=pac•_ ..ama ti:;-:. en,^,i _- "~ scaCen!s ov_r cz ~zc'~v. ;',eve aemont __.,,~~ez' Sot?h =xpec .ed t add S:- elementar? sc-.c ci stadenes. ":9 - rmen_at_ school seed er,t s, and ~ ;c gh s`nooi sn:d en is co zn airs=ds ovo:Sur deeed schoo_ system. _; add _tion. the Jroject 'wc_1 add 40.000 tons ~.0 mlilion pounds; of sc i:.d waste per dzy Co a landCi-i system unlen 1 c.e se m running ouC of ixai C3R VO na C^, f _i 'A Ca =: asn. ds SEmOiV D1l!J(.{!3i ~~~ C?A Gi:aS d1i CCIIM Un 1'L°5 tp : d'~:ce tae is 'taste sC Cam Sy 25b by Lo9~ and 6y 70% by 2000. Con cooed de.e~opme r,C ~.+ili. _=dd c. tae drE Eccui rr of compi:ance for counc'as L_,la San 3eraard.no ~:ounty who are a'_: eadv tu: uJg to ac counecng g_mm: c!<s n inf :ate the .esci is p: t:__. cec pr L ag and ''taste recut non ?: ograms. De va iopment e. o~ c]e 5.95P, art= c,.:.wanda Yor.a protect area .a r. aiso Se e.epec_ed to ad~l CJ 'LJe bUr i?^. M 9tner r Set liC?5 iiKP. Jp.1_B. __. _. ?nd i1JTa CL95. 'M :.c Sin the prrec[ ar_z, 9?; ar: es 1.e in _ne San 3erna:lino Ya eonai tares t. 'lcst cr' the roma.Ji ng undeveL eed 'and contain the lase Alt a",ai Sc r'~]b hab.:at xJ Ca 11 `.o rnia. TS is ha nitat serves as the home for se verai endan¢er=_d plant and animal spedee and 1s a major wildll`e corridor. .411 animal species require a min lmwn amours o: range land to enable them to [ind Eood and to sup co rt enough oche rs of ens a sne•:1es ~:o aL,ow' them to :ap roauce ann na:ataeJ e age 3 sae:: gene poc'_, «-,:d lifz corridors t;ipicaiiy provide a link by whtch ar,ixa'_s ~ c_n ::aver he C'ae=^ ozr is of their ha Lrtat which Fave 'oven cut off by u: San and s,:'c urSar, deve:opmenc. 2n vircnmen tabs is have Seee `ight_ng [o protect tha dl. uv ral Scub hab: r_c for years. The off'_d ai 1c<zi government response has beer. to strap ?rovidins [bem ~wich public information, about the ono iect and ?ro ~ect area. The zc[i v_sts are wo r.<ing co have t:^.e proec: zrez creser•red by Ces:2n2 ti rag it d< a re sou tCe nreserVatiC^ Zone and 2d d'_..^.4 i_ to the :~.'an 3ernard:no :Va c.enal 2cres c. ..oca1 resden is have beer. [_gh ano the proposed gravel pit and roncerr, over the t: ai'ic '_mo i;.ca [ions of t:^.e ctfwanda Vo rah dove lc omens and [he imeac eon c[ ae 3C ° aeway or. the cemmuni r.y are grcwing. Bu[, tae cuccry of local rasiden is and envi.-crmen[z.~.ists is s[tii hoc great enough to step bul:dozers of Bevel [pens ~: r.:ch con ague to grade ?r-scine ha c_-a[ areas. .c pro[er the ,{i °y cvj,a_ jr: ab 'n_bitat and the community eI F,ancho Cucamonga. an irate rram Ccncr o. Orcinanc=_ ;'CO) co =_mp 'anther developmen[ of tSe area must he inposed immed _z teL v. df to swards, the General ?Lan Ammendment and Specific ?la r. :or ~..dwa nra Vor ::, sus[ he chznzed w :es[n ct dev_lo nmen[ [c areas .Sat =_re cirr_at_v Braded, b ?raven[ hill side deve:o pment. =_nd to :_m =.t :toed con ^s. pro -ec:s w to se ..-„e_sures vhich can cemo_v w.Ch sa_e _a~. ~.+:: bout rzduc ¢ t:e _rea r iluvza: Sc nb .`.a bica c. :he City sheuii coo oerarz wi[h [Se Sar, 3er ;z rd.no Aetiona- ?press [o add the undeveioned areas :a the ;la ciona;. -ores r. :c ...,e aeuroor-.ace 2cvernreat o.`i iciaa are not ;es prinsi ie to tias prcces=, the re are enou¢h :nadeq uaccs and unmitiga red sign.f .ca r.[ adverse env.: onmen[a= rmczc is .n :ne ° _.aaua Nor cS pro'ect cIR to sucpo r[ z lawsuit. The EIR tse:r rates .ha[ rats ape roving :he pro; ect is en enviro nmenta l17 sane rcr ?age __[e: ra c_ve w Cie pro'ecc ttse'`. ;3 3i3C revuires char 2i! c;35 icclude =_ ~ N_._z2 r_on `:en_[o: zc y p,o ram to insure tha[ xeas: g - 8 ues recur: eL co xi-iga [= .he ~ez'_Cve _mJacts Jc the oro;ecc are emceed. The cIH comuiiea by ??ic haei B:zadmaa end dssoctates ,'7Bd) :or tSls pr o„er does nc[ ccmpiy with t:ns ___:, eme r:_. .4cccr]i ng CJ _he Ca__a rnia ~nviranmen [21 Qua:.:v dc[ oI !970 C~t^~, '- ^''o "c-" 'a ar,y ac^cn reou+rc ng a siscre[cJrary zct Sy - - governme^[. ".::^.e "?->jec :" a .he disc: et_orzry a-_[ Sy :he C_br Jf ?ancho Cucamonga Ji a;o: ~•;: ;¢ ..^.e An,^,exa[ion 2nd S[ec'f:c ?lzn `Jr ~-!wa r.ca 5or:h. 5u c, the .`II??. ';~ s;.a cos =hat aen: cc ring w he dcne Jiec=meal far ins i'ardcei bua dia¢_ pr J,ec.a a;. t: cn :e Spec if+c 'i 2n area. ?iecemeal .nit+s=_Ccn [o comply v::h C`C~ .`.as Seen seeci_aa"].v aJhi'ai ted :jv stale roar is •.+h_ch sate ehae the m_._;~=_[_o^. muse cJn s.cer :Se :moac- of the ;hole Ji a o: o; est. The 3ZB did ace r_c aq_;1 z=_ .hat :he 3"_uvc ai~scrub hzb~tac being dBS t: JVed '/ds [he l3aC Jf ~- .._-d :~ C2i:orua. ?S_a _s fro bz biv because [he ~~3 ire?arer did av^c ':reK jev n-.c b:c io¢cca'_ cook r_se2:ch •.+h:c, stases [ha[ [h'_s cianc comrt;uci tv vas .i•.2 _cc e: 's [u J: ___ zin Sout hs.^.. Caiifor :cz 'oe chii'_ arms. it thou had _x Kar. f.r she:, =:ey •;o u~d :rave no ccced that ai'_ ~he Jr.Ser sz g= Sabita[s of this' >ne '.,.__r. Jnca e:;_sced Sai Seen bu_:c upcr. and des trn ved by o developers. ..._ _. _. sy o: -asc~n sad? io: .Se ~: c; ec;: ;.i.d rs alsc :mnro per. 2a Goer :San .ae ~ _],m J;ter voce= CJ fe recas_ .:.e :: of c_c iamac: on :.._ er s-n¢ sc: eel s.s.e[, a~zc=_-_ CJ t:e p:c ~ecc er__. _.._ E.3 Jre?arer assumes [has :he en:i:e __p____ - nve.xen[ ogrm :Jr - .' its in 3anc ho Cucamonga .'zs buxlc ou[ 2nd :.`:a: 'ce ,case h2e .Jmo __[ea -.;e,3Ca .-ewa;r. "'.':^.e pro cer mo c:iJd •. ould he [J "'a _': _ '. le _PpaC: ..n eXl stC n£ ', _B [a znc [hen su4gest .ra: _'=C m1C Jn meas.:. =sc ~'lke ]L"__nil ne•v s__ __ -g-~ g ~-ee 55~.°den_ng cxa n_ag s:~e[s, cnar,g: cg -=-.__c s:.;.^,za, ndes.^.ar:.ng, ens pedzstrian or.zn[_d ^eigi:bo r;;oods). T;°,ese r. _..__: es ae u..: :;a',z :_ Se en_o: cod [hrougl: cne Mi cr3a uon Mcn_[;r-:ng aro¢rzm. .. _e _. _.__.._ h2: eVervene ':h0 LS : JnC e.^led abOUC ;he .] CrdCin4 aeg2 G'/e _'IpdC=: ::a'L';:__ :eea}~~°: 0.^.. aJpr ,v2.. J° the GL";d nda VOrC•' >Ce[iLC p12n :arse u.__>n :.:mied.z te:v :Jwar s:opc_ag a_: dove'-ooment i ^rc,e :- area _-,. LIS.I::^.? r' [ :he ~a ;c:.o ~~ocamo f.g3 GeneC3- ?.ar l., ;b.a nc<d _J ~BCLLCe_Jerll^y ,2nc r -se ":2C L'JC ,~c3~_ e315[1ng Un2:'dG EG La nC :.u =aE 5n2C____ .':dn ~rJ ~EC~ aI?a. ~~GtC. SCctt~,~~~tFehhr,,~SF !5 Ort ~.~r-~d<~ I-ldhviF~ U/~; C' u/G r' K ~ Yo ~ d ~i!~r~ ~~I1~5, ~-l~ ,~r, n1Gr,~~~~y ~~~rd O ~O 5 O l7dc~-C`YS /~~Yrz`~ TjO;;-~°r5 ~ri~ ~ r`C ~ ~ vkr v~~ l S'ir' ~t`~bh '~rol'rvl ~ ~~ ~ . ~ou~~i~i'~"1 ~n(l r'~hrr3" CY~t L~ S~r~'rt7~~` j~Fy~r~° i%~ ~Jr6~r1 }~p~r~~~a~~c,e~~°~~ko~ {rr~,^ ~~r~~ar`e (iFp ~ ~°~ ~'~ -t- ~ ~ ~~,~~Frrr~ ~/ ,J:~ L~~~ti~~o~, Cminor~ wc°U(I`f7 (Jhi,2°~~ y I' ~~ '',~ I. ~,i i~ ~i ^~ -_ r--~- =~e~--- ~.. -. - __ _ r^ _ .~ ._~~ r-~ ~, _ - ~ _z~. , :1 / : e ' ~~`:. - .+ f .n Ie¢end AG AMwi~~ ~ w.m..wmai.nd ~ (~, hlMyw~ Pr ~FlMtd RAF$ R,.mdan Jiwvl F " 'b DIST [>vauhd Rlib~I~C ~OhSO/yMMbn~ " " was-M "~ ~ "~'~, w'db " Dev Bwtl.~ii~r B++Ffr~`~one t><..i~ (O~d ~u /r!~-v +A![: y. et i ~ WASH wd, NNW <a,/.re n ~so+Mn d s+ "a,.~.o.~...aW,d pf~eF~rro/OP~S~P CHAP a„q,,,, ~ P,; ~" ~ Or V6ryLaw L:s1r~*C ~~ OV~gcrQ' asap[ LuH! ~ HH nOi~i 0. 1lvC~/« 'ty (9-40V~ ~d/+V A'ef ~"°d lawn!^' ~ Pv~Nc/sp,res,~~ At.~a a r ,.. grnrylta OY/ ~ - Aw . / i vt~4 .w~_ ~Fl..,( fai.-rol Beer' ~ ~ ~.,~~~~~, .l~,~d ~;1 I, 199 ~,.~ , ~„e~~ A 5 ( P ~ ~~ 4 Vegetation Map - . Etiwanda Nnrrh S,wrlfr Ph.. FIR •••• off nnn~ntn ona.o a.• > ] LL Y > •Y°• rr;; O ~ r °O 9Y v- anon rP•On M S° ' y ,eno ine nv C " • °n° ' ^a °n one°a' F.°. nn Q aeon i.:. a r .~• n a a>. : a>nr 9g a. nS~ e r~-anor~a>• as n.~n .. ~ s r ° on°^ ii ~S^o.v n ~ ~ ~~ a° j N u3 >^ • n9 s s o . . i na. ~ ~ ~ ° $ o M in. ~ a ff a iip n . .~ CI ,E r~a. an Sir i~ $ ~ ~' [+ Ni N [~ a .ra n`n ora u ;OnFY~ >: Ori Fi^~ ~ .ZM Y n n '~ es ^n ~ r Q p y (~ ca ~~ °nY eo rr, ' i~i ._.c nun ^ "°s .`-°nnu'i' n yy 6~ '°..i$ n^ u nnno u rr Dais °~ F r o .. oo s rn n . [' ] G1 49 YD ni ~°a nrn6~~] M L a a ~ n na: " ~ i ei°,°~s.ce°c ~ p ~ 09 P SYOnC°'0 r°nOi~~ O~ rn• o ° n•o.snr°°g b n n Y aaion ..aavS~nar s nµo•an n. 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Maztinez, Direcim Robin E. Wright, Deputy Director Authors: Robert Cervantes Jack Ferguson Antero Rivasplata Glenn Stober M April I989 TnaYlny CEQA .Nltl;elan .NeiS~rn L'ndsr AB 1180 I. Introduction Gn Seprembe: 2?, 1988, Governor Deu}miejian si-,tried :assembly Bit 3180 (Chapter 1232) into law. ibis new law became effzcdve oa January 1, 1989 and has resulted in a number of requests m OPR .`or irlormadon on its implemenmdom In [espouse, OPR has prepared this informadonal paper m address the issues most : equently raised. 'T'his doatmen[ is in- snded to provide basic information regarding AB 3180 and should not be considered an mmendmen[ m or a revisicn of the smte's CaliPornia Environmental Quality pct Guideiines- In brief, AB 3 i 80 adds a aajar step Co the CEQA process. IT inquires all stain and local agencies to establish reporting or monitoring programs for proj- ects approved by a public agency who :ever approval involves the adoption of eiNer a "midgated negative declaration" or specified envitenmenev findings re• fated ro "environmental linear reports." A city or county must adopt a mitigated negadve Cec:aradon or an environmental impart report when approving ~ discredonary project that could subs;an- daL'y affect :he eaviroement in an advese manner. A reporrg or monitenng program 4i intended to ensure d!c imolememm~en of measures :.'rat public agancies impose ;o miesate or avoid the significant adverse impacts iden[sied s an environmemal docamenc As dm::ed, AH 3 t 80 simply caiLs for a tepordt[g or menitcdng program "designed to ensure compliance during pmiec: implemeatadon." 'Thus, public agea- res are given broad latitude in developing pmgramsto meet the variety of projecss and crrcumstances affect- ing theirjmisdiccions. Heca[tse AB 3180 provides .`ew speci5cs, this paper is intended m make public agen- res swan; of this new respansibfdty and [o provide ideas for agences m consider N developing their own programs.'It:c enticing test should not be comsvued u a suggested method of imp(emeating AH 3180. Fur- ther, although AH 3180 applies m both state and local agencies, this report is oriented toward the lacer. This publication includes dtformaden on the nature of AH 318C's provisions and it discusses the legisla- don'srole in d:e environmental process established by the CatiforNa Environmental Quality Act of 1970 (CEQA). CPR's paper also includes esmnples of re- porting/zmm~itodng programs already in place and it presents ideas for pmgr..m checklists. A copy of AB 3130 is renmduced in Section V7 of this rest. II. Enactment of AB 3130 The California Em'imnmeatal Quality Act of 1970 i Cc'QA) became effecdvc almost twenty years ago. Since dies govcmmen[al agencies, project proponents and consultants have prepared numerous enviton- mentnl studies and docamcnts m consideration of proposed pro;ecs. i?:e purmse of CEQA is to ensure ;hat declsionmake:s are fully informed of a proposed prolec:'s effect on the environment prior :o approval. It also gives decisiontmakers an apportuniry to avoid or substantially reduce potential adverse environmental effecss by imposing impact miugatien measures, in- cluding project altemdons and al[emadves. Despne CEQA, reports of disregarded mitigation req'uiremeats have reached :he State Legislature, in one case, a local agency approved a deve!opmeac subject [o conditions desimed to [educe the projeC.'s impact on a dpanan habitu notwithstanding the conditions, sae development activities restated in the removal oftrees slated forpreservalion; portions of an endangered species' habitat were destroyed; an Indian burial ground was disturbed: and sand from a [aver- tiortbeach was unnecessariiyescavamdnnd removed from the property. In another instance, tines in a monarch butterfly habimt •vere stated forpromcrion from adevelopment. Accordingly, oNy 32 percent of the tees were to be removed. Irstead, actual development destroyed 80 percent of the trees. Elsewhere, an otfice developer failed m catty out mitigation conditions requiting nn- sim bicycle storage, the issuance of fine bus passes, and variable work hours. 'I71e Legislature responded by enacting AB 3180. T7ils measure requires public agencies to report on or monitor the implemenmtion of impact midgadon measures, including project changes or altemadves. The projett propcnent, however, Ntmta[ely remains responsihlt for ensuring [hat his or her project com- plies with those measures. Trss1L q f-~Q:\ \Iillgotion Nevmo CnQer {6 J1a0 Secondarly, AB 3130 programs faclitate feed- inlornlacon;c evaiuate ;ktz ttfeet:venessai mltlgancn back m eablic agencits regarding the pracncali[y of regtliremeats and to niter furore mitigation measms theirmidga~on measures. FCbuc ageaces car, use this as necessary. III. The CEQA Process and AB 3180 A. CEQA Whenever state and Iocal government d~;ision- make:s ezemise uheirdiscretion in a~rroving or deny- ing aproject, mey must evaluate tiro project's eaviron- mea:a! consequences. T'he evaluation of;uch "dtscre- tlonarrprojects"must be catriedout nursuanro CEQA and in accardarce vrith ;he Stale CEQA Guidelines. Discretionary projects include, for example, general plan amendments, rezanings, specu`[c plats, condi- tional use permits, zoning variances, development agreements, patael maps, and tenmtive subdivision mans. CEQA and the CEQA Guidelines exempt soec!fied types of projecs from the environmental process. The Att and Guidelines are also inapplicable to ministedal actions such asthe approval of a finai subdivision roap. One at the first steps in the CEQA process involves the preparation of an "`.nitiat study" by the "read a~encv:' the governmental enn[y pnncipallv tespert- sible for carrying ou[ or approving the proffer,. The iniuai study's prmary pu rase is to assist Ne lead a;erc+ in de[erminir.G whether a discrahottary projett cCUid aetenriaily have a si gnifican[ effect on [.he envi- mnme^,t CEQ,;, Guideilnes section 150631c)). Based on this determination, tiro imaal study aiso identifies which type of enviro,.meatal docament wiU be pre- pared. If a lea4 agency finds no rubstatuiai eridence tha[ a proiect will have a si grificant effect on the environ- ment.:he lead agency mus[ prepare, rcctdate for comment and adopt a "negative declaration;' and a projee[ may proceed based an this limited environ- mental ;eview. The IeaC agency, however, must pre- pare a "miagatcd negative deciaradon" if the initial study identifies significanteffecs which canbe avoided or mingated ro utsigmncance by deveiopmen[ pion alterations or by proposais made or agreed [o by the pro)ec applicant prior to me envirorunen[al doca- mear's retest far public review. When an initial study indica[es tha[ a project will creare one or more sigtlificant environmental effects, :he!ead agency mus[prepam an"environmental impac[ report" (EIR;. Sometimes alead agency can determine tha[ an EIA will c!eady be required for a project In such cases, the initial snarly is not required and a Icad agenc+ may begin work direcdy on the EIl2 process. An EIR discusses a project's potential significan[ effect and describes measures 'hat mitigate those cffec~. Parsuartto xcdon i53 i 0 of the CEQA Guide- lines, mitigation includes: (t) avoiding an impact altogether 5y not taking cenain actions; ;21 ¢•dnimiz- ing impacs By limicr.~g the degree or magnitude of an action: (~) recd "tying an impact 5y repairing, rehabiii- [acng or restcrr.g :,'le affcc:ed environmem:',31 reduc- irg crzlirnu[adngthe unpactovertime bypreservation and maintenance operations during the Life of the action: and, (5) comperuating for the impar, by replac- ing orproviding subsfim[e :esoumes aremironmcats. The EIIZ must also include odler provisions s~ecfied ir. CEQA and the CEQA Guidelines. including a diseussicn of project al[enadves. When approving a disc:edonary project for whic:i an EIl2 is ro[ required. ;he agency first approves the pe:tirem midga[ed negative dzc:amdon or negative dca:amtioa For pmjec-s involving EIRS, [he Lead agency must cetify the SnaI EIIZ dacumen[ as a premquisite ;o pro)ett approval. Fard;t:mare, a!ead or respotuib:e agenty may not approve a projee[ mgLir,^^.; an EIIt wiless the agency :1rs[ makes one or :Hera of the ftndin es'm subdivisions (a) d'.roueh (U of Public Resources Code section 2:031. The agency must make one or mere of the findings far zach sigtuFcan[ eavirormlearal effect identified in the EIIt It is therefore very impattan[ for an EII2 to distint;.tish significan[ fTOm insigr>ificanc effecs. B..4B 3130 The provisicns of AB 3130 are triggered when a public agency: i) adopts a mitigated negative dec:am- don, or 2) completes an E1R and makes :,ndings pursuant to subdivision (a) of Public Resources Code section 21031. R:blic Resources Code xcdon 2 t031(a) stales that. ",c;hanger or altemdons have been re- quired in, or {ncorpomted into, (a project for which an EIR has been completed] which mitigate or avoid the s; gnifican[ enviroltmental eHecu thereof as identified in the comple[ed emimnntental impatt report" A decisiottmaking agency, however, is not obli- gated to design a;et orting ar moniWrirg program far those particular mitigation measures that are the re- rr,ame caQn vt:ne+ao~ .it~v.d cam.. as nsn sporuibtliry of another agency, or that are infeasible :Public Resources Code section 21081 (b) and: _,). CEQA provides tha[ each public agency must adept objectives. ~: ite:ia. and spedfic procedures [o admini- ster its :°sporsi^iii¢es tinder the .4ct and the CEQA Guide ses (Pablic Resources Code ;ecaoa 2:082). Fabiic agrsres shoaid revise vier adcpted obiec+ves, camria. aad procedures as necessary to include the requirements of AB 3;80. IU Programs Required by AS 3180 'I're types of actions which must 5e reported on or monitored. include the hnplementaden of environ- menra! Lmpac: miti ganon measures, adopted proje^. aacmadves, nrprojec: aitertians whichw'cre recuired in order m mdut:e environmcatal impacs. Pablic aeeac:es imrwse d:esc measures either u condiictts of ptoiec: approval or t,~aough direct changes in the approved project plans. 1'te:e is ro statutory r_quiremem that a reporting or mcnitoring program be prepared far in advance of a pmjec:'s approvah or cha[ it have public review prior :o being presented to the approving body. However. it makes sense to desi,vyn the orog:-am at the same time miugadon aeasums are being draped and to rmulare Lhe druf[ pro¢ram and the draft EII2 concumndv. This provides reviewers and other ageaccs with advance letowtedee of the procosed program, allowing them time to restive potential problems. .?B 3:30 does act aptly to a1 agcn~± acuors. Far instance. wizen a city approves a pe[mu which is .a;agor:caliy exempt from ~QA or for which a neadve dcciamuen ^ as',:cea prepared (and no mi dga- uor. meaures are ¢ecdedl, the city is net requimd :o adop[ an AB 3 i80 program- In addition, AB 3180 is inapplicable w pmjec approvals made prior to 7anu- ary i. 1989. For tnrdgatian measures which have been incptpo- rated into a project ache reques[ of a uustee agency (an agency having junsdicden by law over nararal m- soumes affected by the project, such as the Deparuaent or Fsh and Game`. a public agency acting an the pmje¢t may request to tntstee agency ;o prepare and submit a proposed monitorng or reporting program. 7'he public agency's mrordng er momtoring program may then incorporate ;he trasree agency's proposal The AB 3180 programs adopted by lead and re- six:rtnble agencies for the same pmjeot may differ. TTis is because these agendes often do nut adopt the same set of mitigation measures. In general, when a lead agency approves a pmjec[ for which an EIlZ was prepared. tt adopts feasible mitigation measums for !host pornons of the project which it commis pr regulares. L~ rum, the tespotuihle agency adopts oNy mitigation measures relevant to its particular regula- tory purview. In such cases, the lead agency may adopt a 6made: monitoring cr reporting program than the resporuible aeency. When taken together ehe two programs shoiild monitor or mport on all the adapted mitigation measures or ptnie: al:emuons. However, AB 3130 does apt requim agencies to duplicate moni- [cring programs. Agences can avoid anv potential duplication by coordinating their monitoring and re- porting acdviues durtng the draft E1R review process. A. Approaches to a Reporting or Ytonitoring Program AB ? 1901eaves ;lie rask of designing a reporting or monirorng program to individual public agencies. A program's complexity will vay depending upon dte proicct beine apnmved and the eavirunmen[al elects being midoated. Hez are twc ezamoles of the ap- proaches Lha[ an agency might use. One method is ro dece:op a new, specially [ailored pmemm every time AB 3130 is segered- Ttis may be pcefemble fer large aad complicated development pmjec s w~ida speniai mor:.toring :equimmer.[s. it may also make sense when dte agency adopts EB2s or mitiga[ed negative declamtierts infrequently. Con- stant reinvention of the wheel, however, can be expen- sive and rime-consuming. Anadter method is ca adopt a comprehensive, stan- dardized proer..m chat wit apniY to all approvals which qualify under AB 3180. As approvals occur, the agency can adopt this provrarst by reference as a condition of pmjett approval. A comprehensive pro- gtamshould define the relatlve roles of agencies. staff, and the project proponent; esmblish administrauve procedures: sec out tune rabies for reporting or moni- toring after project approval; and descnbe sanctions for ^¢ncompli ante. Ttese procedures should be open- ended enough drat additional requirements may x appended for unique or complex projects. Besides saving time and money, a standardized program may promote consistency and thoroughiess in reporting/ mnli[Ofing a4nVIt1Ca. Regardless of which approach an agency chooses, it i5 advisable for d[e planning sraff'ro provide a draft program to decisiomnakers prior to their adoption pf TndclnG CEQA Klegulov Slesa,re [;vdsr Art J38v either a mitigated negative derlar~ttion or the EIl2- relared findings in Public Resources Code section 21081(x). Ideally. the progmm would be available along with [he projem enviroltmen[a! document Ia additionro other CEQA-relamd findings, pubiic agency decisionmakers may •uish :o adopt a fording staling dvr its AB 3180 progmm wul fulfill the ezrvirotunental protection intent of secticn 21081(x7. B. AB 3180 Issues In designing their reponirtg/moni[orirg progruns, several local agencies have raised questions or identi- fied potential problems. The following is a review of some of these issues. L~ many instances, there may be a variety of ways m resolve a particular concern OPR's discussion is provided merely m s[imulare thinking and ro further describe the nature and ecnse- quences of AB 3180. /SSUE: d8 3180 does nor provide am authoriry for agencies m enforce E/R mitigation measures. RESPONSE: lines and ccundes are already aufrorized to enforce them mitigation reeuiements. For insance, they may rue the state's public nuisance laws to abate public nuisances. They may asp adopt enforcement ordi- tunces based on Ne police power to protect the pub- ~Iic's health, safety, and weL`am. r(any local jurisdic- ~ans already have provisions in [heir zoning and nrbdivisicn ordinances to enfome proiee[ conditions of approval. Other local, as well as various smte agenda, have permit enforeemen[ authodry within their respective enabling acts. /SSUE: The terms "reporting" ar "monitoring program" are vague. What do these rernu mean? RESPONSE: P.rblic agenctes will have m define :hose terms in a way drat meets the intent of A.6 3180 and CEQA as a whole. 'they shatild seek and follow the advice of their legal counsel in carrying out the new law. At a mini- mum, a reporting or monitoring program must be designed to ensure compliance with the mvironmenmi measures imposed by the public agency. 'iTle sample checklists at the end of this report may provide some ideas for designing a local AB 3180 monioring pro- ISSUE: /n some instanter, such as when an E7R fora preced- ing proiec: can be recemfied and applied to a stIDse- quenrproject, a new E,R mtzhtbe unnecessary. On tht ocher hand, a program EIR might be used as :he basis far a subseauent EIR. Alter+tatively, an older EIR could be updated for a new projec: by a simple adden- dum.lnthese suuanons, the requiredscope of.4B 3780 programs it unclear. RESPONSE: This legislation requires that reporting nr monitoring programs be adopmd far the mitgaton measures or altemadves required by the approving agency`s find- ings adopted under Public Resouroes Code section 21081(x). Therefore, the find'u:gs antic whey approv- ing he curse.^,t projer, will define the scope cf the AB 3i80 program. +1s a result, the AB 3780 programs adopted foe the anginal project and for the subsequent project may be different ISSUE: How wii! public agencies pay far these programs? R.'-.SPONSE: AB 3180 does not provide score reimbursement for implemmeng the monitoring requirements because local agences have the authority [o levy fees sutficimt to pay fcr such programs. For instance, cties and wundes, upon tiro advice of their Iegal counse;, might recover theirrepottinglmoniroring ros*s by charging a service fee pursuant to Govemsnert Code sections fi5104 and 54990 et seq, It wrll be up [o public agency decisiocmakers m adopt a cost recovery policy. Some agencies may impose service charges or fees on project prooonenrs, other agencies may absorb tiro repordng/motdmring costs, while still others may adopt a policy to absorb a portion of the costs and charge for the remainder. /SSUE: Otv jurisaicdort her a lack aj warned personnel ro monitor environmenraf measures. RESPONSE: Thejurisdicdon may hire outside consultants m vnplc~ mint the momtoting or repotting prgmm. Aitema- tivUy, as a condition of project app: oval, the agency may spcdty that the developer him a monitor How- ever, because reportitlg or monimring of mitigation measures Mains the tespnnsibiliry of the approving ;urisdiction, the consultant sholild report to the juris- diction. TrarYlnq CEQ,\ bfltl¢ulan Hamm Cnda M ]ttl0 ISSL'F.: The pro,~eci planner's rote (n mo.^.iraring~reporrinq Is unclear. lSSf,'E. 7'rte developer and manirar may have diffdrenres oJ' opinion over mipq¢dan or mortirorirg reauiremerts. RESPONSE: .4s partof the monitoring ornepardng pmeram adopted fer a prpjer., the approving agency may adopt polices or regulations thazspecify the role, i?any, of the project planner ¢t tha[ program. ISSUE: Tne martitaring or reputing program may require organizing the esperrise or review of mare :lion one depar:menr within the approving agene~. This could lead ra program management problems, especia((v wuh regard :o Jte roles of various monitors. RESPONSE: One atuwer is to specfy in the AB 3180 procedures the deparpnerus thaz will be involved in the program, outline U:eir relative dudes, and name an individual or deparmrem as cenva! coordinator for fire effort. A,i- gther soluden is toestablish asepamte post of program mordinatar. This individual would cooNi~am the activities of rake involved deparmtenu. RESPONSE: One al[emadve is to create a procedure for Ne admin- isuadve resolucon of disputes and a conesponding procedure for appeal m the projett decisionmaker or fire legislative body of the jutisdiCIIOn. lSSL'E. lueresied parties may ask m review mortiroring pra- gram tiara and repots submitted ra public agencies. Local agencies mm7 be uncertain about how to !rear such requests. RESPONSE: Monimting information and reports submitted m public agencies are likely to be ansidered public reconis subjec[ to disclosure upon request, unless they contain proprietary information coveted by a-t appropriam claim of confidendaliry or ate otherwise found to qualify far an ezempdon from the Public Records Att (Cavemment Code Secien 6250 e[ seq.). V. Examples of Reporting and 14onitoring Programs Seme fides and cowdes have already adopted or are far along in preparing their EIR mitigation mcrd- tnring programs. As a resin[, they have developed some practical ideas which may be valuable m other jursdictions. The following paragraphs discus a few of these program ideas and illusvare the variety of possible mgnimring optlons available to public agen- ces. A-Santa Barbara County Sanm Barbara Canty adopted an "Environmen[a! Quality Assurance Progtnm"(EQAP) as a condition of approval for fire Hyatt Hotel project that was the subject of Citizens ofGolera Vaf[ey v. Board afSuper- vBors (7988) 197 CaLApp.3d 1167. This pmgmm is very detaIled and is nor necessarily a model fer Icss mmplez projecu. Ttte wunry's EQAP esmblishes: (l) procedures for monimrvtg Ute progress of mitigation during projeq eonswction and afterward. (2) a regular schedule for progtss reports, (3) enforcement procedures and sanctions, and (4) the post of on-sim environmental cggrcfinamr (OEC) to administer the pto,tam and act as liaison between the county and the coruaucden team. The OEC is the kev to successful implementation of the projett's mitigation measures. The OEC and the environmental monitors that aSSis[ him arc kited by the county in consultation with the project developer. They are responsible far monitoring, reporthrg, and enforcemem of mitigation measures adopted for the Hyaa Hotel project The OEC reviews cotuTnrcdon plans and maintains continuous watch over field op- erations tar compliance with required measures. Questions cr problems reganiing mitigation require- ments ate directed to the OEC, who works with the developer to resolve them. The OEC submiu regular progress and compliance reports to the County Re- source Management Agency. When compliance is lacking or incomplete, the OEC is empowered, hazed on standards m the EQAP, to either stop work, temporarily stop work, or allow work m continue while compliance is achieved. When the OEC and the developer disagree over require- menes, the EQAP provides for arbi¢arlotUappeai ofthe point re Ne Resource Management Depatmtent orthe Plamting Commission. Tatlcing CEQA Nltlg~tbn .Nruva nndw Aa rraa B. The Activities of San Luis Obispo and San Diego The Ciry of San Luis Obispo monimrs Ne implem- entation of mitigation measures by first having ;rte project applicam sign a statemem listing the changes thaz will be incorporated iruo the proposed develop- ment Thereafter, the city makes sate that building permit plate incorporam the mitigation measures. The rity also usa on-sire inspecaoas if acaorss ate requhed doting the project's consttuction, such as promtvng arc^aeelogicai sites tram grading. If necessary, the rty will withhold an ocapancy permit anal the re- tlmred mitigatoo measures have been implemented. By contrast, the City of San Diego has derailed procedures for tracking and implementing azchaeo- logicalandpaleomologicalmitigaaonmeasuces. When the city imposes arrJaaeologicalmeasures on a proiec[ permit, [he developer must hint a certified arohaeolo- gist m monimr and implement the measures. The developer must certify to the Ciry in writing [that heJshe has hired the azchaeoiogisc Otherwise, the city will not issue a grading permit. In addition, the developer must. t. Notify the planning department of prnding grading activities so the departmea[ can notify a Native American reprueamdve about the monitoring program. :. Provide tine platming department, the archaeologist. aid the Native American represenmave with a grading plan and .schedule in advance of actual rons;tvcnon. 3. Make sure tiro[ the archaeologist and Native Amea- can represenmave ate ptueat az any pre-grading meetings m discuss grading plans with the con[mc- tor. 4..~lllow the archaeologist to remporaaly dirty or divert grading so that significant archaeological finds can be recorded or recovered. 5. Be sire that collected caltura! artifacts are cma- logued by the archaeologist and placed in an appro- priate scientific instimdoa 6. Tura over any ttcovered human bone Cmgmems m the appropriate Native American group for re- burial. 7. Requite the archaeologist m submit to the planning dcpamnen[ a monimring results [tpon The city requires very similar pmcedums when [hen; is ahighlikelihood of fossils on a projer. site. The deve!opermus hire a paleonrologist who will be aRdre sim m inspect for fossils doting the original cutting of a geologic fo[mation After grading has been com- pleted. the paleontotogis[ must submit a report of findings m the San Diego Planning Deparmaent and Lhe San Diego Nanvul history Museum. A plarming departmem official reviews the paleon- mlogist's or amhaeologis['s report far accuracy and completeness. The planning official also makes sore that no building permits are issued for the project anal hGshe has rrriewed the required report. C. Sohn Wame Airport The provisions of .4B 3180 apply [o public and private projecu alike. Consequenlly, public agencies must sometimes monimr their own compliance w^[h adopted miagaaoo measures. A good example of mitigation monitoring for a public orojett is the Jolm Wayne Airport Master Plan in Orange County, for which the county was the lead agenry. The plan was developed to govern ezpatuion of the airport. The plan calls for an increase in air carrier operations, facility improvemrna (including a yew passengertenninal), and a land use plan designed to make all land uses within the surrounding noise con[oty compatible with airport operations. Constmc- tien will occar over a five year peaed. The EII2lEIS for the plan included approximamly 60 mitigation measures. The controversial nature of the projett (it had been tied up N litigatior. prior to preparation of the EIl2/EIS) made it essential thaz any miagaaoo measures incorpomred inm the project be monimred for compliance. The monimringprogram adopted by Orange County focuses primarily on impacts ocatrring doting the conttuctlon phase. The program includes a listing of feasible mitigation measures foreachsignificant impact idrntificd in Ne EIR. It also identifies the agency responsible .'ormonitoring each measure, [he agencies or organizations drat will provide technical support ro :hat agency, and the time schedue for implementing the measvta. Monimring is accomplished thmugh a series of field reports periodically submined m the county's Environmental Management Agency. Because design work had not yet been completed at the time of EIR certificaaan, the county felt i[ mces- sary to consider miagaaoo monitoring during every step of the design phase m ensure that measures in the EIR were worktd inm the airport design Between the design and cottstrttcaon phase, tare cowry developed plans that went out to conrractots for bid, The plans included proposed mitigation measures so that tort- Tncklna CEQA NiDealon ltusurv CnCm AD ]180 mc:crs would be aware of the morti[oring require- ments and associated costs. A mitigation meniter'ng program of the scope r_quired by ;his :ype of projett necessitates good dam management ;[ is especially vi[a1 that reported infor- mation bedetailed, entreat and readily accessible. Ta ensure e~ecdve data management, the county is util- iring acomputerized database that is updated as 5eid reports came in. The computer record for each meas- tuecontains the most recent data, that the measure was checked, the agency responsible for implementing the measure, and the remaining actions m be taken if a mideadon re.r^uiremem has yet [o be completed. The monitoring of a large-scale nrojea has made tiro county aware et several unantlc'pated considem- tiens. Foremos[ is the amount of education that is required for aIl par'cipants in the process, including the planners, building inspectors, applicants, etc. Communication among these people is essential to clarify everyone's role, Also, for mortimring m be effective, the monitors must enjoy field work and invelvemem in the projett's conswenoa At the same time, they mast have a strong undemtanding of the planning process. Anauter ;essan learned from the project is the[ mitigation monitoring will not always fi[ loin an agency's regular ins^~etion activities. Large proje ~s sash as the JcFm RJavre Airport will require monimr- ing pxg-ems tailored to the unique impacs and mtn- ga[ion measures assocated with ;he pmject. B. City of Sanm Maria The Ciry of Sanm Maria has amended its eavtron- mental procedures m establish a general mitigation monirorng system. Environmental mitigation meas- ures imposed by the cry have been monitored through the permit and plancheck process. Santa Marie's new monitoring program will provide a written record of mitigation without necessimting major changes to currrnt sty pmcdces. The key to this system is a checklst that individu- allyidentifies the mtdgation measures tc Fe monimmd for a given pmject as well as the city department responsible for monitoring each measure. Measures will be checked off when they are incotpommd into pmject design and when they have been implemented. Moni[oring generally will take place during p!ancheck and projett inspection. Ongoing measures which will mquim monimnng over a longer penoA of rime will also be handled through the checklist Periodic checks will be made until implementation is complete. The pmject Ceve!- opermay a requited msubmit periodic repotu to the city during this time. The city will make the final verificacon of the adequacy and completeness of the measure. yfottitodr:g programs will be paid :`or by fees cnl- lzaed t-om project proponents. Fees wtll not exceed actual cost, according ro tiro qty's procedum. Any excess money collected •.vill be refunded to the propo- nent If coasaltants ate needed. they will be hired by the cry and paid for by the project proponent E. City of Folsom The Gry of Folsom is working on a draft monimr- ing prog^,.m (soil subject to meaificadonj consisting of the following :en-wens: 1. The ELR consal!an[ recommends potential impact mitigation measw-es u par: of a pro!ect's draft EIR 2. The EIR consultant and the city staff prepare conaidons of pmject approval to carry out mitiga- tion measures identified N the final ErR. 3. The EIR consultant prepares a verification pins. far each condition of aporoval..4 verification plan discloses actions for carrying out a condition of approval. 4. The prjea proponent prepares a compliance sched- ule. ?t spells out when and how the project propo- nent plans :e meet each cordircr, of approval. The sNtednle must be prepared prior to any dcve!eo- ment activities an tiro pmject site. 5. The platuring staff prepares a packet of materials for the oily munrl's action consisting of reeom- mended findings. conditions of approval, smm• merts of ovemding considerations (if any), and the verification plan. 6. The pro;'ect proponent prepares periodic compli- ance reporu for each condition of approval. A compliance repott consists of a checklst that, among other things, idendF.es the particulaz con- dition of approval and describes the ;ask ha[ has Fern completed The report also indicates whether. a) the condition of approval has been complied with, b) remedial acton is wanan[ed, or c) a fallow-up inspection is ner:ssary. In addition, the checklist Identifies the type of compliance control measure (e.g., illustrations or maps have been checked, analyses have been examined, results have been compared with the condition of approval). After the checklist is signed by the proponent's pmject manager, it is Trarklnq CEQA Ningxlan Neuvra t.naR LiS at80 submieed .n [he ^, ry'S 6nnimring progfam man- ager for d:c:ilarior. and filing. The frqucn~ ~ of these repors is set .`orth i:. the ccmpliance sched- ule. 7. The cry conducs penodic, unannounced snot checks m verify !i:e impiementanon of rtdtigatlon measure conditions of approval. Ttre ciry's moni- toring manager is responsible for preparing a verification report as part of this process. The report iAnsis6 of a checklist [hat includes, among Omer mings: ai the inspection date and time, b) whether or not there is compliance din me case of noncompliance, the inspemor must v:dicate the necessity forremedial action, a wade stoppage, or a follow-tin report), and c) a space `or notations nn observadors and recommendaticns. The mnaR must be aeptnved by the cry's mortimring ~aa- ager and a cony must be sent to the project super- visor. 8. The ciry's mcrdmring manager reports violations to the dir_emr of me city's community develcp- me^t deoaruneat. 9. The cemmurity deve!opme.^.t depaament diremter initiates actions necessary' to coaect dte deti- ciency. These may inc:ude a meeting with ;he project proponent cr a request fe. legate pianring couumission, cr ctv counril action. I O.The city's metvtoring manager suhmits ro me rr: ccwc:i an annual cnvimnmental monimrng re- per. summarizing dte resilrs of'd;c dty's midga- von moniteringprogram. The report may ine:ude info nnation on defir,;encies, corrective measures taken, and suegesdons for mote effective tumre mitigation measures. The city's mordtering program manager is a key person :n me :en-step process. +Vnong emer things, he or she is responsible for: a) cecminanng he consult- ants' work an the EZR and verification program. b) makine sate me project proponent prepares a compfi- anceschedule, c; coardinanng rite mitlgatlen mmnitor- ing of varous ~~ry depamneats, d) processing and filing of compliance rexrts and verfcatien repairs. and el preparing the armual emimnmrntal monitoring report The commurtiry development direcmr desig- nates the momtcring progtnm manager. to addinon m me ten-itep process. [Ire city's pro- gram includes procedures far changes in project ownership. These guarantee that new owners will be fully vtfo.•med aft _~cessary ptojecz mitigation meas- ures. As one part of the ownership change process. a r-orpomte ofncer reprrsrnting the new owner must srgm a smtemrnt that he/she undetstancs the condihons of :inject approval and mat the new owner agrees to abide by the duties and obligatlons as descn'ced and intended in ;hose conditions. '~ F. Other Programs of Interest Three ;c.;al agenres are among tYe many Califor- nia jursdictions is the midst of preparing reporting/ morS[odng procedures. They have .shared same of meir aonimdng ideas with OPR. One local jurisdiction will ask responsible and other aeencies to famish maniroring proposals along with each mitigation measvre they recommend as part of [he early censultadon process. The jurisdiction's sta,•'f will then develop draft monitoring progratns tailored to meet the circr:mstances of each mitigatior, measure. The staff has distinguished monitoring pro- grams for four types of mitigation measures: 1. Measures that must be satisfied before permit issu- ance; ~. ~teasutes that must be satisfied during prejcm construction; ~. ~[easures ma[ must be satisfied fcr a land division project and 4. Measures for pmjecs that do net require building permits. +~.nomer focal government is considering an ?.B 31 S0 mordmring program corsistine of a wrinen pol- icy outlining responsibilities for mattimrirg untie: given citrumstarces. The pouc•; limits seed agency merdtormg respansihihry [o less comples, more basic project changes, such a; cetifying payment of habitat acquisition fees, improvement installation, and sub- mission ofnoise reports and traffic studies. The policy provides forcontracted private cottsul[ants m monitor the more [ethnical or complicated protect changes and mingavon measures. The policy also provides for (1) fees to underwrim monitoring activities, (2) management of consitltant selection procedures, if a consults:[ is necessary, and l3) morvtoring progtmm enforcement. The city plan- ning statf has also prepared athree-phase monirotng program checklist to be used before constmedon, during cotiscueion, and after corsrucnon. The third local agency is proposing to fomtalim a monitoring program which it has been employing informally. The agency cutrendy uses a checklist to cnsurc that all conditions of approval, including ndu- gatlon measures, are sads5ed. The plartning division assigns each condition m a pertinent division or department within city govem- men[ organization. The conditioru, if satisfied, are initialed twice, once during initial plan check. and again aher a field inspection verifying that [Ire specific ~n.d~mg c>:QA htnzuton Mennra o~aa.~a nao condition has been met- The agenct's plaruting staff has identified three types of conditions L'Iat requite monitoring: 1. Conditions affecting permanent canstauction (such as rhos.: which limit 6uiiding height, !equire a minimum sethack, or include a landscaped buffer); 2. Conditions affecting [he way mnswcdon is varied out (such as dtose which require erosion cottwl plans or preservation and protection of marshes); and 3. Opemrional conditions applicable to Lhe life of the facliry (such as dtose wtdch control the hours of operation, impose traffic systems management, connnl noises and odors, and limit occupancy). G. The Southern California Assoaatlon of Governments (SCAG) Regional agencies, such as SCAG, arc subject to CEQA and must comply with the requitemenrs of AB 3180 whenevezthey adapt a mitigated negative decla- mdon or make EIIi findings under Pablic Resources Code section ~1081(a) in tiro course oftheir activities. SCAG has certified EIRs fot irs pending Regional Growth Management and Regional Mobility Plans. The EIRs contain regional mitigation measures to reduce pomntiai sigmncan[ impactt that may result ffcm implemeamder, of;he two plans. The South Coast Air Oualiry Management District has given SCAG a role in momroring the progress of :he re; anal air quality maintenance plan for the South Coos[ Air Basin, The air quality plan correlates with SCAG's Regional Growth Management and Regional Mobility P'.aRS. The close inmrelationship between the policies and recommendations of the three plans makes it important .'or SCAG m keep abreast of local govemmen[ measures that will affect any or all of the plans. In order to comply with AB 3180 and m keep informed of local activities that might relate to the plans refereed to above, SCAG intends m ask its member agencies ro report on those local mardmring programs that re:ate m in:plemen[ing [he SCAG plane. In this way, SCAG seeks to act as a regional depository of information about the progress cf plan implementa- dav, the adoption of local monitoring programs, and eventually, the degree m which local agencies have connibuted to attainetent of the atr quality mainte- nance pica H. Conceptual Monitoring Program Cheffilist CPR received input from several public agencies which had designed theirown checklis: sysmms. After reviewing d:ese, OPR developed the following check- list to stimulate ideas for implementing a midgaton reporting or monimnng program. Although AB 3180 does not requite the use of checklists, they are handy for record keeping and for sysreaaccally observing mitigadom activities. They can also be uxd to evaluate he efficiency of mitiga- tion measures (i.e., which mitigation measures are practical and which should be avoided for future pmjecs). OPR's checklist is designed for use during three monitoring phases: preconstructicn, cotrsnuceion, and post-occupancy. A manimr can check one of three bones at tiro top of tfLe form to indicate which phase he or She is observing. Dutingthe pre<onstrucdonphase, amonitormigh4 for example, track the protection of amhacologicai resources while a site is being graded. The checklist Could a150 be Used [0 IDONLn[ pR-COr15[rltCtiOR IIYC protection During the construction phase, a motdror might use the checklist to ensure that sound walls are constructed up m the requited heights, that outdoor lighnng ~s shielded to protect neighboring properties from glace, etc. ARer a projca has been occupied, the c,`,ecklist's primary use would be to confirm that all required mitigation measures are in place and functioning. Fv: insance, a post-occapancy monitor would Look to see if uuruportadon system management is opcmdng accmtding to the lead or responsible agency's specifi- cations. A repotdng/monimring program may function efhciendy with more or fewer monimnng phases, The impormn[pointis that a teporting/mortitotinBProB~ mustensure compliance widtrequired candidonsduring project implemenmtion. Following OPR's checklist are esmnples of report- ingforms carrenrly being used by certain focal agen- cies. They have been included for comparison ptv- poses. 'n atl~loY CEQA Nltlc~tbo Mnaev Vudc AB ]180 MTITGATION MEASURE MO1vTTORIIVG CHECKLIST Monitoring ,_. ,~ Phase: ~',_ Pie-Consvucdon U Consnucdon ,~ Post-Ocaipancy Project Case Name/Number. Brief Description nPProjed: project Location: Requirement Met or Ts Continuing To Be Met: Daze Yer .Na Descnadon ofProjea Mirigaz+on ,Neanves -- 1. -- 3. 1. S. - -- 6. -- 7. S. o, _ ~ 10. Comments: TnKlvt CEQA Maertbv Mevtvro Uvdn AB ]ISO Trustee Agency Monitoring Prog[amlReport: Rogrnm/Report Complete TncrreeAgency Date Yer No Copies of This Form Distributed to: _ City Council Vietnbets _ Planning Di[ex:tor _ Reject Planner _ Public Wodcs Di[cttor _ Fm Chief _ Trustee Agencies Responsible Agencies _ Other I hereby celvfy tha[ I have inr~eced the project site and chat the above infrnmadon is true to the best of ttry lztowledge. Name (Prinq Rep[esentiag (Agency,'Fnm) Signanne Date Tnckln[ CEQA Mup~ioo Numre Cndc AB JIIIr ENVIRONMENTAL Mi iiGAT:CN MGN170RiNG CH EC KL:Si e L a ~~~ .. a a m -~ o .~. L J~ 4 ° Y m V q 3 e c e e ~ L c o , v ~ m a s ~ ~ a ~t e ° r e y ~ o~ ~ e .+ r ° .~ e r `° °c ~ O r ° y e O r U y C r ± ~' o ° ~ u c a i °e G ~ v e N y Y Co r s C e 3 ~] ~ L i q m .... ~ 9 _ O O ~ C ~_ ~_~:, N_ O e G ~ 0 ~ ~] L a ~ am s W O a w e J' ~. w u". e y m r g ~ ti m j j ~ e ~ ° ~ :9~° c S ~ A ~ « o ~ $ m ~ m -~ m ~''-Sy ~ `r q~ ~ o 9y°• C O' j r C L y a u L .s°tl • ° ~ .r. _tl y U H ° M +r O y ~ en C s ~ ° i .Q~~ G ~ w . . ~ ~ EE:. b r h o r u q O ti L 7• C L x 3 ° a q e a q ~'. a .°. ~ a ° . . m m ° ~ - c q , . e e e ° e o a q M Vy 1e n ti G m r L ~ i O y • L ti o o q G e r ~ .~ O 0 ~ L .~ ~ L y ~ 0 V • ~ e L n~.9'o o L ' S V s•°: - - m 6 S ~+ t G r . m e L C O e C •y . ~ M v r e ° m a o ~ . + m ~ t ~ 5 G r C o v o Z ~ i o fr w • a e ` a ~ o . ° r • m e y ~ t e • ~ 9 o c i ° ~ m e ~ e ~ ~ o ° = i u r ~ • . +« ~ ~ r ~ L C S ~ ~ ° e ° i "' a v q q a a 5~~ C o O Y •~s~ y a. L 6 r y O : O C O G 4 L ~ 'n' e C ~ C b C q O L ^ s°„~ y n ~ ~ i m a 9 b C a b d a TndJnq CEQA Nltlevhon ~tessuro L'nGm AD II80 K'VI'I'_~.'YG ??1LL1H iCA (r, -Name and Nsri'^1 .. tt'.^_Ga~G! ~:~ (L-7m GagaCav i.ec:araccn): 3. ,^~~_u^t (L-sn us:t:al Study;: 7. TflGS:~ J.Gi:lC.~ ,IfDL•g2C^RI :es !b Depdt~ent mC Flah and ^-_ _ _ SLitaa r •..~ Cswievim SGG C!'~iL-M'wnt J! PGLJCI alfd HC_'CdL:m ~ ~~ Vtti.vetszr/ aC CaL':mcua G.:.`Z. ReL:C .~.c'C~+ S. 2 - 5.25 :9 Cta@L-J~IC (imi4uv m each .^x^-:eec) A- B. G. D. Es. 5. Ca@'~NC (each ,rxeduta vee0 m Se aig:ed aft and dated w snat~t) A. 3. C. 0. Ett: 7. (~ti5: d. Fwe: i~cliDt 1 PLeGatd ~: Oete: Deed Dy: tau: TradJn4 C£QA llWgn4on Neuurv Cnder AB?130 VERIFICATION RE?CRT LATE: ; AFRIVAL i ubtE: II ~' ~^.e?ARTURE T;YE: ' i LCCATiCN: , Ccns-uacn Sr~eet Nc.: CISCIPL'NE: :i ~ ty^t Arc^~aeCicsy L;I oic!c~/ ~,~ I SCUSj G?cicSV 'I ~ Other CCNCITICN: ~I I ~ ~, r~C ci ~ ' I ~M. ANCE: fT ACCE.=TAEL= `;;NACCE.°l'ABL_°O: i I Remecial Ac^Cn Inc:e.^.e.^.:ec ~ Require WcrR Stcc I Fellow-vo Required IIt AC i Vim: I I R ECCMMENCATICNS: ' ~ g•{; ~ RE?CRT AFFRGVAL ;bIM): i~ ~P.ECEiFT 3'f r^.C.. c:,~ v. n/I "R: Signature: Ca;e; Tme: CcmmentsjAC^'cns: i COPIES ISSUES: ` MM Ci Ctners ;!ist,: Cate Entered Te Environmental Mcrntcrirg Fie: 9y: TnWna CEQA YflHyuoo S!wuw Cndn AB ]33a OCEANSICE WPCP ENVIRONMENTAL COh1PL1ANCc MONITORING REPORT PE?ORT "x7. ~ REPER EN~CE DATA- I~^~= ~Tx1E l LOCAiICN I ALYIVry MCfJRGRE3 PARAME. ER: • COMPL'ANCE MONRCRWG U COMW :ANCE STATE'S .. - :F UNACOE?TABLE ^ OHEIX oCX SE! OY! ACC£°fABIE ~ Cnlley r, ~-I ~ M~nNI ~UNACOERYABLE ~ Rounns O BS ERYATIONS: OASEL:NE OBSERVATION CI ~FSlcwup FapM _~pR-VIWSREaCFTf NC. CATS i ~ PamWdAron G^.M.fENTS ImplMnMled AASemal Faacn Uo I{ ^ P.aarw I gECOMMEN0ATI0N3: 084ERVER PFWLWV.¢ I SIC.WlJgE ENVIgONMENTAI. CO MPIIA NCc' Ma NIYOR .. PRNff NAME SiG,WTL'aE RECREATION I PARK CCNTgACY MANAGER PRW7 NAME L ) SIGMiUFE ~ I RECEIPT ACXNOWlE3G E3 I Ruld ml Conavucion A1Mprt dr Owpnatrr Mmapu Onry PAWi NANE SIGWYURE GATE ~ Tp$ CCNY,EMS I AC1CN Proaduro and pwpmont sPaC3 ars in mra ECM Plan '~-~BZ93•I 7ls'189 `-:N':RC:R~:C::. SC_~tC'> a55CC:1:'E5, :iC. Tlad[~lia CEQA Yung.<Ian Ylcuura Cndm A- Jl9a 7.97-••tIDf~~I. QIAL-. C:3~~ _1 7L3 lam' L.H: ~~1~ G A:-~.aaolasy C, 31o1a~ _ C.~.~1et1a¢ Sl:.aC Ya.; Sai1a/C.aiag7 G CC`ar ~~.'cI c:rl-:~YS/_r~I-cL_w~s I C~,2'.:,1:Iu C AGGZ"rU:.£ C LS1G oT-a3L' ^3u.d:i1 Ac :.an :z'p1sa.¢tad 1.: F.a13 G aaquL-a L'¢rY 9tao { I I C99s:..72.IIC:19: I 3T (T1/'3): ilT1C8~ AZ?3z7AL (C£C): AY...^:7: 3'! :iL1.: C:,95°..IIC:IC9 4L^c°3T.SC3 91.gT.atnza: -aa; ;~; cr. I~sca: L' C[C C .L`m G' HRA.: ?9C t3C 7.AaA6~c G C.."t3 :'IIG'.0.Y SCF`37ISC8 Oaca n'Lt.rad ;a ~.a.eat C.ttaq l'rnc a rS.ekiiat: I:ti:_a1a: Tnekln6 CEQA liitlgatlon Nessuro Cnder AD JI3a srrac~-.~.j Cra:..:. cas;ls.cL 7 orr.: ?tom ras. ~ sz =a= ~~i 1 -, DA"2 -ASx x~ws: :ASC azsa:__ex: D.3r.?%r. A:.Sascia~ C lLolo~ [' 3oila/Caoic~ C C~`ac I G;Y.?L.A.YC3 C AC~:.S1; S G D&1C.^...'".Y7Y3 Q Saar :n 3)^.,7 Claud=i= Ac_:aa :.~'+i laa+n:ad~ CL_-ca C ?eL'or•up 3agaL. ad (?Laa 3ae'saei) CCY3L:A.YCS C_Y.~}CL . !llaa CZriana/;.a9a CSaCYad Acal7aas ~ackad laaui:z Gc, azad CL~ Caadi_laaa CsaL:la!am and laaasaada~_.'.arJ Apy: woad o°r-w°YLA]:C.YS (:_ -aaaaaa_; ): 3Y:.., I 3..a''Sti A??O-CVAL (C_C): SL'CD:r - 3Y 3Y.a'.". ?*~::.': Y. NA4.~'l. SL~ra:a: Tara; Gaa•nca/Se_iara; CYY L3SL'i: Dau Eansad :a Y.uur CmtgLanea C.Leiel!ae; *sieLaia: Tndanq CEQA Nltlartloo Meaxura Cndo AB ]390 VI. The Text of AB 3180 ' ct~.~r.-a l:a~ M ac! to add Section 31081.6 ;e ;he Puhuc Resources Code.: eia[- ing ;o environmental quiity. iAPProveu by Ccvemor Seoanber ^J', t9B& Fileu ~.v,th Secretary of Shtn SePtemnez ~,, :99e: L:CU'L~i^/E CDONSc'i5 D[CS :1B 3190, Cortese. Environmental imoac! :epors: r.-uCgacon Rnaings. "~ The Caiifor:tia E.nvuoemeatai (2uality .~c; prohibits a puhdc agency from •pproving or car^+vng euC a p: elect for whuch ar. eavvcnmental impact :error[ idendn"es signiticant e..^.vtrenmenml e:Tr_!s, unless one of mec•:ned Raaings relative to m[ti¢aden of those e!iec3 has been made..F ro significant elect on the environment would occur, a negative dec!aradon is required to he mace, whsh would identify potentially sig:ti[icant erTec~ that would he avoided or mitigated, as specified. T:sis btll would : equire [re agency us maldrtg one of [.Bose Rndiags. or adooting a negative dec!azadon, to adeot a reporting and mocvtonng program for adopted or regwred changes [o :nitigate or avoid sigruticant ervirormentai effr_ts. The Stil would requsre an agency having jursdictlon over natural resources affected by a pre)ect, if requested by a lead or responstble agency, [o ;uhmit a proposed reporting or momtnnng program for changes ,-egwred ar ircorora[ed inro the project at its request. The Sill ~.vouid irloose a statctrandated Iota! program Sy imposmg new dunes on vocal ageaces. i31 The California Constimdcn :ectures the state to reLmhurse !ecal age.^.ces ,Ind school dise-:c's for pertain costs mnnda;ed by ;he stare. Stamtcr+ prersiom establish procedures for malting LSac retmhursemea[. Thu hdl would provide that no reimbursement u ; equired by this act Eor a scerfied reason The people of the State of Glifornla des enact u follows SECi^.O[Y 1. Section 3108(.5 u added to the Public Resources Cade, to read; 31081.6. When :naldng the Hndings tegtured'oy suhaividcn !a) of Section ^_108I or when adoutmg a ;tegaCve dec!azanon oursuan::n paragraph ~^_! of mbaiviston ~.ci of Section 91080, [he public agency snail sdoo[ a reporting or moni[orng program for the changes :e [ise pre7ec: whtch it has adopted or made a rnndihon of pre)ec[ approval in order ;o mrCgate or avoid ngmncant effecs on [he envlrenment. The repar_ng or monitorag program shall be designed ;o ers]ze comniiance during project impiementaticn. cor those changes which have Seen regttired or incnrpomted into the prolec: a[ cite request eE an agent/ having jtsrizcuciien by law aver nature! roaurces affected Sy the prajecq [Sat agency shall, d so requested by the lead or responsible agency, prepaze and suhmst a proposed reporting or monitoring program. SEG ?, Yo reimhunement u requsred Sy this act pursuant to Secr.'on 8 ei Arlic!e :CIII R cF the Caiiforni: Consdtutlon benuse the local agency or school dutric: has the authority to levy sernce cSargp, fees, or assessments nu'ncient to pay for [he program or level of service mandated by tha act. TnQInQ CEQA Nitl~tlan Mramrn Cnder AB 1180 VII. Bibliography Bass. Ron and Randy Pestor. Question and Answer Pnper, AB 3130 (Cortese) Environmental Impact Reports: Mitigation Endings, (Presented [o the California Chapter of the American Plarudng Associador. Confen:ace, Palm Springs, Ocotxr 1988) 1988. Curtin, Daniel 7., Ic. California Land~lise and Planning Law, 1989 edition, Solaro Press, Point Arena. California, 1989. Remy, Michael H., Tula A. Thomas, Shama E. Duggan, and Lames G. Moose, Guide to the California Environmental Quality Act (CEQA), 1984 edidon, Solano Press, Point Arena. Catiforrda. 1989. ~% FT ~- ~~, ~.~1 SIERRA CLUB s~ C !Z I Southern Ca:ifomia/IJevada Regional Conservation Committee ~` ~ +~~. ?~^ , Trisha Buchanan, Wetfpnds Chairpersors ;~.~ .,:. 7952 Coie Street S'209, Downey, CA 902J2 (310) 869-6781 March 26, 1992 FUNNIyG vVISrOrvcNCa AN ~ 9 01992 Planning Division 7~~~9-3~5j6 City of Rancho Cucamonga ^1 P.O. Sox 807 ! Rancho Cucamonga, CA 91729 Re: Specific Plan 90-01 Dear Commissioners, I am very impressed by the environmental awareness exhibited for the most part by the Commission with respect to the lands covered under Specific Plan 90-01. I do, however, think that the currently proposed specific plan stops short of providing the protection w:ti ch would ensure the continued existence of the bog and riparian habikats encompassed within the plan. I would respectfully request that you consider redesignating those areas for "resource conservation and natural open space". I would also suggest that ycu consider very carefully any decisions which you may have made based upon the current Biological Assessment and EIRr as information which has come to my attention leads me to believe that the documents are both scientifically and legally flawed. I sincerely hone that this property does under city domain in the near future. I you would be good stewards of the natural encompassed within thi s-specif is plan. Sincerely, ~~Q~ '~r=~ Trisha Buchanan become incorporated feel confident that treasures RKY<IM J'~ Pip, AHMANSON IJEVELOPMENTS. INC. 13'0 SOUTH VALLEY VISTA DR, SUITE IOO, DV,.Mpl1D eAR. CAUFOR!YIA 91]65 • I] Iq) BNYSg00 ~3 , March 30, 1992 °"""'i •<, nwl?ION Mai a i ~ssz P.~~~~,y~~~~~~9~~ 't~' Larry Henderson 7~'~°W~"~~sJ~~ Q Community Development Department ~ P.O. Aox 807 Rancho Cucamonga, CA 91729 Ra: Draft Btiwaada North Bp~cifio Plaa Dear Mr. Henderson: I received notice of the City Council meeting of April 1, 1992 to consider Specific Plan 90-01 and the appurtenant General Plan Amendment and Environmental Impact Report. Because I cannot attend the meeting I am submitting this letter to correct the designation of Ahmanson Developments' property which is depicted oh Exhibit 6.5-1 of the Draft Environmental Impact Report. Ahmanson Developments' Tract 14139 is located within the Specific Plan area and appropriately depicted on the Plan as annexed to the city with a Development Agreement. The tract has been recorded and a grading permit obtained. The site has been cleared and the grading is almost completed. The referenced exhibit shows that the property is undeveloped with Riversidian alluvial fan scrub cover. The exhibit should be revised to reflect development, similar to the designation of the Watt property adjacent to our southerly boundary. Thank you for the opportunity to comment. Very truuly yoyrs, ~"/ <~ Craig Page Vice President cc: M. Kehke Deborah Rosenthal (Hamilton 6 Samuels) CP:slm Leeona Klippstein, San Bemardiro Sage Friers 1382 Wesley Avenue Pasadena, CA 9111)4 (818) 398-4962 March 24. 1992 Brad Buller, City Planner Community Development Department Planning Division City of Rancho Cucamonga 10500 Civic Center Drive P O Box 807 Rancho Cucamonga, CA 91729 OIiY Of Hr.^~••-~J CUCAR~ONOA PLANNING Clvl$ION ~ MAR 281992 ~ 7~9~t11~112~3~516 Re: Etiwanda North Specific Plan (ENSP), Alluvial Fan Sage Semb and C-2 Threatened and Endangered Species Dear Mr. Buller, I wou;d like to thank you for your letter of response to the aforementioned issues of concern involving the proposed approximately 6,400 acre "Etiwanda North Specific Plan" (ENSP). As you are awaze, the "ENSP" project has not been mitigated to levels less than significant, biologically, and is of great concern to our coalition. According to the City "ENSP" vegetation map and my own personal surveys, it is obvious that the alluvial coastal and Riversidean sage scmb that is within the City "Sphere of Influence" is significant. North Etiwanda is a unique alluvial fan eco-system with significant biological LIFE, so much in areas that it is difficult to_ see the ground. I rewmmend that you and your planning team re-survey this area personally. Within the past month I have been in contact with Debra Elliott Fisk, President of the University of California Natural Reserve System, and in our phone conversations discussed the proposed "University Crest" project within the ENSP project site and its biological impact on approximately 426 acres of sage scmb, which have not been mitigated for. President Pisk agreed that the biological assessments of this project are minimal and warrants further study and surveys. President Fisk gave me the name of a consulting firm and their biologist, Barbara Carlson, who is to perform this survey, who will be contacting me. I believe this helps state my case that the whole "ENSP" project site warrants re-survey. Biological surveys attained in the project area aze incomplete and do not disclose "substantial evidence" regazding biological and cultural impacts. The incompleteness and/or inaccuracy of these surveys may be due to the dates, seasons, weather conditions and condition of the plant -2- and wildlife community at time of survey. As you are aware, the "ENSP° project site and region have experienced tires. It is my understanding, through com~ersation with City Assoc. Planner, Miki Br[t, on 3-19-92, that the City of Rancho Cucamonga, 'Eriwanda North Specific Plan" Environmental Impact Report (EIR) was prepared by Michael Brandon Associates (MBA), who di n survey the proposed project site, but obtained the biological data assessments from Data Base, and the previous biological survey assessment was pert'ormed by LSA, because the City was unable [o afford new biological surveys. I presume this information is correct and that Miki Bratt would not want to mislead. I believe that if the City, County or developers are unable to afford accurate biological surveys and assessments required by CEQA, that they are also unable to afford proposed projects. In reviewing [he LSA Biological Survey and assessments for pgrtions of the Etiwanda North Specific Plan, which were prepared for the Land/Plan/Design Group, March t, t989, [call your attention to pages 5 and 6. On page 6, Vegetation, you will see reference to: "The Texas Fire in August of 1988 burned 50-75 percent of the chaparral and alluvial fan scrub vegetation on the property, exposing large expanses of bare ground". Now please refer to page 5, jy~1ti~,5 (second paragraph) "The project site was surveyed February 9-I 1, 1989". This survey was performed only 6 months after the Texas Fire. It appears that this would indicate that there were no means of performing and "accurate" biological survey at this time. Returning to the VgeetatiQ section on page 6, paragraph 3. "Riversidean alluvial fan scrub, which predominates on the plain, was reduced in the fire by roughly 5096". For your information, sage scrubs, in addition to being drought tolerant, are also fire-adapted, quite accustomed to burning every half century or so and then vigorously growing back from their roots. The areas of the ENSP project site that were reduced in the Texas Fire of (988, have now, three and one half years later, grown back stronger and more dense than ever before. The final draft EIR for the ENSP is biologically inaccurate, with failure to disclose "substantial evidence" of biological impacts. i highly recommend that ~1(of the ENSP project site be re-surveyed in order to obtain accurate biological information, within the City Sphere of InFluence including the County, with their assistance. " Enclosed you will find a letter of reply to 1560 Army Corps of Engineers concerning the San Bernardino County Flood Conttol DistricPs public notice of Permit Application No. 91-1170-RS, from the US Department of Agriculture, San Bernardino County National Forest Service for Elliott L. Graham, signed by Cindy L. Oswald. In the second paragraph you will find that the San Bernardino Forest Service recommends surveys for the California gnatcatcher. As you are aware, the San Diego homed lirard, the California gnatcatcher and the orange- throated whiptail are all Federal Candidate-2 species. All three species aze expected to occur on the ENSP project site and have history of being observed. The California gnatratchers, little gray song birds, are currently being considered by the U.S. Fish and Wildlife Service for listing as threatened or endangered species. In my review of the 1989 LSA biological survey (page iv) "The Califomiablack-tailed gnatcatcher, ~SS2b rv during the surveys for this study in a low -~- azea of chaparral.,.' The Califomia gnatcatcher was also observed in i991 near the confluence of Cajon Wash and Lytle Creek in similar habitat. The City of Rancho Cucamonga's Environmental Impact Reports, in reference to the Etiwanda North Specific Plan by MRA, fails to disclose this pertinent and "substantial evidence" in regards to impacts on C-2 species and sensitive wildlife. There is a relevant difference between "was observed on site" and "may oceur on site" and may be considered misleading. On February 14, 1492, San Bernardino Sage Friends, in conjunction with the U.S. Fish and Wildlife Service, presented an Educational Forum addressing the significance of the "AI[uvial Fan Eco-System" at the City of Rancho Cucamonga with the City Planning Department's assistance at our request. We commend the Planning Department for their assistance and are pleased that you found this information of such significance that you video-taped the program and entered it into the City of Rancho Cucamonga archives. As you know, this program was well attended and directed towards preservation measures of this unique eco-system. The State Resources Agency in concurrence with AB2172 of October 1991 "Natural Communities Conservation Plan" (NCCP) has addressed coastal sage scrub as critical habitat and is working towards its preservation. The NCCP Scientific Review Panef (SRP) is mapping significant areas of concern and has included San Bernardino County and Rancho Cucamonga. I received this substantial information on 3-20.92 by phone from the Natural Heritage Division of California Department of Fish and Game. Three of the four indicator species of concern to the NCCP/SRP are found in this region and on the ENSP projer_t site (LSA, MBA and California Natural Diversity Data Base (CNDDB)); the California gnatcatcher, orange-throated whipfail and San Diego homed lizard. The lizards apparently prefer sand er fine soil which are included in lower portions of the ENSP site provide in streambed and wash areas. Again, 1 emphasize that ~j of the ENSP project site and region are of significance, with biological impacts that have not been mitigated to levels less than significant. The proposed ENSP project fails to mitigate for the loss of alluvial fan, coastal and Riversidean sage scrub, as does the County, the University Crest project and 4th Street Rock. The Rancho Cucamonga ENSP, the County, "West Valley Foothill Plan", the "University Crest" project and the "4th Street Rock" all fail to mitigate for the significant impact N sensitive, threatened or endangered species of plant and wildlife and all fail to disclose "substantial evidence" regarding these impacts. According to CEQA and case law, the courts have held that a public agency cannot "hide behind it's failure to" study and provide data on alt environmental impact. The City, County and developers have failed to study the hydrology of the I 1 acre peat bog in the northern region of the ENSP project site. CEQA case law requires hydrology studies to be done prior to certification of Environmental Impact Reports, addressing that "further study" or "future study" is not a mitigation measure. The City and County EIR's regarding the ENSP project site fail to address and disclose the "cumulative impacts" on alluvial fan, coastal and Riversidean sage scrnb and wildlife to include the Federal G2 species aforementioned. Please refer to and review the enclosed U.S. Fish and Wildlife letter to County Supervisor Jon Mikels, addressing the significance of this critical -4- habitat. The whole ENSP project site within the City "Sphere of Influence" and the County is biologically significant. in reference to the Califomia gnatcatcher, recent survey data being performed in San Diego, Orange and Riverside Counties, have observed California gnatcatchers in disturbed and undisturbed habitat, with nesting ranges approximately 2235 acres. The ENSP project site and region warrant ~ biological in-0epth surveys to concur with the NCCPiSRP survey guidelines. The 485 acres of proposed aggregate mining by 4th Street Rock, or it's successors, are rot exempt of the aforementioned biological surveys, or unmitigated losses of sage scrub and species communities. The biological "cumulative impacts" have not been disclosed, and [remind the City and Count, that "piece-mewling" their projects is cleazly illegal. Through my communications with Mike Guisti, California Department of Fish and Game (CDFG), and Robert Smith, the Army Corps of Engineers (ACOE), no further agreements or permits will be issued until the City and County have a comprehensive project plan that provides a conservation plan for sage xrub and sensitive species. Robert Smith, ACOE, arended the educational forum "Alluvial Fan Eco Systems" and is aware of the dangers of proposed residential zoning in Flood plains as well as potential ground water pollution. As you are also aware, the ENSP project site is within a major Flood plain and water recharge bazin that present and proposed channeliration cannot adequately or safely protect proposed fumre residents in 100 year Floods. Not or,Iy does [his proposed ENSP project endanger future residents of flooding but of earthquakes also. Dan Kuuing made recorded comment, explaining the dangers of vertical impacts resulting from the seismic activity of earthquake faults within the ENSP project site before the Planning Commission, and should be reviewed poor to final decisions on pre-zoning, zoning and certification of the ENSP EIR. San Bernardino Sage Friends and I are quite aware of the power struggle between the City and County over control o.'the aforementoned critical habitat of a bio-regionally unique and diverse eco-system that is within the ENSP project site. San Bernardino Sage Friends and U.S. Fish and Wildlife Service concur that the "Etiwanda North Specific Plan" does not go far enough in protection of alluvial fan scrub and its communities. (As my grandmother taught me, "Two wrongs don't make a right"). [ am aware that the "Etiwanda North Specific Plan" is only apre-zoning document I am also aware that Ciry and County Planning Departments, Commission, Councils and Supervisors are expected to abide by the law as Public Servants and adequately serve ;~ public interests and not just those individuals who are landowners, developers, corporations and campaign contributors. The present planning system of pre-zoning and EIR certification prior to a Resource Management Plan (RMP) is backwards and not in the best interest of the public and the -5- environment. San Bernardino Sage Friends and I do not concur with this present system and challenge it. We believe in long-range planniug in order to przvent environmental degradation d species extinction. Long-range planning, "Habitat Conservation Plans" (HCP's) and "Natural Communities Conservation Planning" (NCCP) are viable means of sustaining bio-diversity. The City of Rancho Cucamonga and San Bernardino County have none of the aforementioned and are required by law to do so. The alluvial fan, coastal and Riversidean sage scrub communities would not now be considered "critical" if "cumulative impacts" had been disclosed and adequately addressed and if there had been proper "land use" and not "land abuse". The ENSP project appears to be inconsistent with the general plan in zoning of hillside residential and residential within earthquake fault zones to include the Alquist-Priolo special study zones. As you may be awaze, there was an earthquake in 1990 that was centered in Upland which shares the fault zones of Rancho Cucamonga. As of January 1, 1990, I I6 special study zones were revised, Rancho Cucamonga being one of the 84 cities and San Bernardino County being one of the 33 counties Nat have been addressed by the Division of Mines and Geology as fault-rupture hazard zones in California. Again, Ne current EIR's and City and County General Plans "fail to disclose" accurate information concerning seismic activity and fault zones in the ENSP project site. San Bernardino Sage Friends request further studies and correcfions entered in regard to solid waste and landfills. In our research we found Nat Ne Millikin I-andfill is expected to close at a much earlier date than what is given in the ENSP EIR, which gives a ten year difference. Perhaps you failed to look at the "cumulative impact" of other projects in your region. As the ENSP EIR currently states "solid waste" is inaccurate. and fails to disclose substantial evidence, which is misleading. i question the validity of Ne proposed ENSP EIR and whether it is consistent with your General Pion and Open Space element. We request Nat Ne ENSP EIR be revised and amended to accurately address all mentioned issues of concern, including Nat Open Space be zoned as Natural Gpen Space in City and County plans, in administrative record of any and all proceedings relating to Nis project or it's successors. We encourage Ne City and County to work with and seek assistance from California Department of Fish and Game (CDFG) and U.S. Fish and Wildlife Service. You may also request Nat CDFG and IJSFWS assist you in Land Banking and/or Land Exchange. I also request that you contact Robin Cox SmiN at the Nature Conservancy, Jeff Wilson at Inland Empire West Conservation, Trust for Public Land, and encourage your State Representalive/Assembly member to endorse AB72 "California Heritage Lands Bond Act of 1992" which would assist in funding for acquisition of Ne North Etiwanda alluvial fan and wet- lands. San Bernardino Sage Friends and I request Nat the City and County work together on a feasibility study for acquisition of land within the ENSP project site. tam aware that the City may not be able to offer adequate "land exchange" for landowners and developers, so again we request that the City and County work together in preservation and put aside your current "control straggle" aimed at destmuion. -6- • is San Bernardino Sage Friends intern that this information, suggestions and requtsts will be fui011ed and adequately addressed by means of "amendments" and "revisions" by City and County Planning Departments, Commissioners, Council Members and County Supervisors. W'e hope Ihai ail of the aforementioned helps to danfy our concerns and ethical expectations from la-a! government agencies. San Bernardino Sage Friends and I request that the administrative record of any and all proceedines reiatir.~ to this project or it's successors contain this letter, enclosed letters and documents, including the information contained on the video-taped educational forum "Alluvial Fan C-co-Systems" of 2-14-92 which is presently in the City of Rancho Cucamonga archives. In closing. 1 would also like to make comment that John Muir, on several trips in the 1890's explored the San Gabrieis and frequently visited the Etiwanda azea. 1 believe this to be of Historic significance and should also be entered into the EIR concerning History and Culture. 'ihe ENSP EIR does contain information that a large metate was found on the ENSP project site, that now sns at a nearby school. Mortar and pestles were also found in the northeast region by the four oak trees. Mt. Baldy and Cucamonga Peak are sacred areas of the Gabrielino People who do exist in 1992 and still make pilgrimages to this region, including North Etiwanda and the ENSP project site. The ENSP EIR fails to address the signiftcance of the cultural and religious impact on the Gabrielino People, who still gather sacred healing plants from the project site for their religious ceremonies. San Bernardino Sage Friends and I look fotx~ard to our continued work together on preserving the San Gabrel alluvial fan ew-systems, and if you should have any fuRher questions, please contact me or a Sage Friend near you. Kind regard;. Sincerely San Bernardino Sage Friends C'.'~~Y'~.~. Leeona lippstein, Coordinator cc: The Honorable Jon Mikels, San Bernardino County Board of Supen~isors Timothy L. Johnson, San Bernardino County Valerie Pilmer, San Bernardino County Planning Department Ina Petokis, San Bernardino County Planning Department Lewis Neeb, San Bernardino County Flood Control Bob Michelson, Planning Consultants, Inc. Mayor and Members of the Rancho Cucamonga City Council Chairman and Members of the Rancho Cucamonga Planning Commission Rick Gomez, Rancho Cucamonga community Development Director Dr. pan Silver, Endangered Habitats Ixague Dr. Dennis D., Murphy, NCCP/SRP -~- California Department of Fish and Game/Nab~ral Heritage Division U.S. Department of the Interior, U.S. Fish and Wildlife Service + Gabrielino Tribal Council aid Nation (Attn: S. Thompson) The Green Party of Califomia The Sierra Club (Atm: T. Buchanan) / ~ ~; United States Department of the Interior ;~ _ e.~ Supervisor Jon Michaels Count; of San Bernardino 385 N. Arrowhead Avenue Sen Bernardino, California 92415.1080 FISH MD p7LDIJFE SERVICE ~s1as ' ,,, ••'• FISH AND YIIDLI FE ENHANCEtElEENT ~ Za SOUTHERN CALIFORNIA FIELD STATION Laguna Niguel OFfiea Federal Building, 26000 Avila goad Iaguna Niguel, California 92656 lfwrch 13, 1992 Fe: n.luvtai "czub F;ab eat Dear Hr. Michaels: The U.S. Fish and Yildlife Service (Servlte) is vary concerned about the rapid loss of alluvial scrub habitat in southern California. Allwisl strut Ss • type of coastal sage scrub. Allwisl acrub habitat !a only found along the coastal draining slopes of the San Gabriel and Ssn Bsrnardino Nountalria. IC Ss estimated chat only SZ of this habitat remains. Aa you may know, this loss is the result of residantSel and commercial Mvelopment, water diversions, and flood control atzuctuns. Alluvial scrub hab Scat is a unique assemblage of plants and animals based on the dynamic nature of allwlal syabma and moil Qepositlon. 'This ecos^scem 1s also very important for natural gtoundvauz ncharp ae no coat to man This habitat also se rvea a nstunl flood control through the extmslon of sheet flow out over a wi ds area that alloys for percolation into eha growd. Alluvial scrub habitat ro be a hl gh priority habitat for conaarvatlon. The California Department of Fish and Came and Cha Service consider. As you know, there is no coapnhanaive MwlopMnC plan to protect the functfena and dynamic nature of [hL habitat: in San Mrnardino County. Beery development proposal is vLwed separate lrom all others, Shia crabs a paYChvork of habitat fragments that will m longer f~metion biologically. Plood control maauxss and ttruc tuns remove the hydrology and debris floc chat L essential to the ma intatunc• of Ch1^ habitat. Considerable interest ha dwaloped regarding eha proteeClon o! biologically functioning allwlal acrub habitat. Ihta fnbrat wu bdghbned by the proposed Loa Angslas Raiders sodium !n Irwindale that mould have elimina tad 178 acres to craw a parking lot; she propoad golf tours in 61g Tu~unge Yeah that would a11m1tute 750 tens; aM tM proposed hood cencrol pro~ecu in ECiwnda and Ban Sevalna Yuhu chat would Mw elLinabd the ress3ning allwlal scrub habf tat vl thin their drainage area. In addition, the area s many individual re sldential dwslopwnts either psopoad, planned, or under conaeructSon in San Bernardino Cooney will eliminate significant asaege. Jon Michaels On Febrwry 14, 1992, an educational forum vas hold in Rancho Cucamonga regarding alluvial scrub ecosystems. It ws well •tcended. The purpose vats [o bring together planning department personnel from all levels of government to network and plan development to protmet the remaining allwial scrub habitat. Also, [he City of Rancho Cuc snongo prepared the Etivanda North Specific Plen within [hair sphere of influence Sn an attempt to protect some of the remaining alluvial scrub. However, it does not go far mnough. To dace, the County of San Bernardino has not acknowledged this effort nor Sts intent. The Service suggests Chet the County of San Bernardino Planning Department consider the remaining alluvial scrub habitat vi thin their jurisdiction of high priority for protection and possibly develop • spmcial planning district. Tne environaental constraints should ba ldmtificd fiat and any development [hat would not impact Chase constraints could be considered. The Se rvicx is committed to the protmc lion of thm remaining acreage of this rapidly declining unique ecosystem and make for your cooperative effort via the planning process. Va look forvarC Co hearing your vimvs and working together to avoid further loss of [his habiiat. ' If you have any questions please feel free to contact John Nanlon at (714) 643-4270, Sincerely, YJ' l.e9sb ~- brooka Aarpar Office Supmpvfaor cc: CDFG, Region 5, Long Desch, CA (Attn: 6. filliunn) CDFG, Ragfon 5, Long Eaaeh, G (Attn: N. Cuisti) CDFG, Region S, Long both, CA (ACtn: N. Mmymr) City of Rancho Cucaagnp, CA (Attn: B. Bu1Lr) City of Rancho Cucamonga, CA (Attn: N. 6ratt) •• Supervisor Larry Valkar Sups rvisor Naraha Puroei Supervisor Barbara Aiordaa Supervisor Robmrt Nasaaock San 6mrnardltw Sap Fzimnds (Alta: L. Alippatmin) The Ns turn Conservancy (Attn: 0.. Coe) Sen Bernardino County Planning Dapartaant (Attn: 0.. Stott) 4. UNITED STATES FOREST San Bernard tno Star Route, Dox 100 DEPARTNENT OF SERVICE Nat tonal Forest Fontana, CA 92336-9701 AGRICULTllRE Reply tot 1560 Sep tea~bsr 27. 1991 U.S. Anny Corps of Engineers ATT(lt CESPI-CO-R-91-100-RS P.O. Box 2711 Los Mgeles. G 90053-2325 Dear Staff. We have revtored the public notice of Permit Appl lcatfon No. 91-100-RS. San Bernardino County Flood Control Distrtctrs proposal reface to eight years of consultation vtth resource agencies regard ing the des lgn of the prof sct. To my knovledgo, the Forest Service ras not informed of th is project prior to receipt of the current apps tcatlon. For this reason, our follovtng input is limited to the information included to the permit appl7catton. . The proposed protect is likely to Impact Forest Service laMs and ril dl lfa through lncreas ing the tsalatton of these lands and reducing the Quantity of rildlifs hebltat available on adjacent or nearby healthy areas of native vegetation. This rill be especially important for an tmais rlth large horns ranges. sucA as golden eagles and mouetafa lions, and for animals r/tA already reduced ranges that depend on scrub AaDttata, sucA as the Glifornfa gnauauher and San Otego horned lizard, a federal C-2 species. (Callfornta gnauatchers are currently being considered by the US Ftsn and Wildlife Servtea for ll;ttng as a threatened or endangered spo~les. The species ras found in 1991 noar the confluence of Cat on Nash and Lytle Creek to simttar hob ltat( e survey for the gnatcatcher in the project area 1s recommended.) Nttlgatton for the project does not appear Lo pe adequate to its effects. Alluvial fan saga scrub is constdore4 a habitat rite a high priority for presorvation by the California Natural Diversity Data 8aee (1987). The grojett falls rtthln one of the tan largest intact stalls of this vegetation Tamatning 1n Southern Callfornla (Hanes et al. 1989, anciosed). This vegetation is adapted to perladlc flooding and scouring. TM long tero vitality and tntogrity of the surrounding alluvial fan sage scrub 1s likely to be atf~cted by changes to the flood regime rosulting tram tM croatlan of debris Das ins end cnanneltzatton of flocs. T:ms a much larger aroa than the 54 acres listed in the project proposal rill De impacted by the project. iho 225 acres proposed as altigatton for the project is leas than adequate, not only due to the larger arse of tepact. TM 150 scree totaled rtthln tM channel fn UDpor Etlranda Creak haw already Men impacted by flood wntrol actlvittes and do not represent Malthy alluvial fan sage scrub. TM remsfntng acreage. Dolor 24th St., rill hll rlthfn an area of, intanae:na1denttp develoDarrnt. These acres rill be isolated from otMr intact alluvial fan sags scrub and are likely to become degraded due to fmpacts iru surrounding ,. residential areas. The Isolated nature of the haD ttat rill groatly reduce Its value to r11dl1fa u rel 1. The proposal also msnt tons that the set-aside areas rill not ba managed for haD ttai value. If this 1s tae case, these areas cannot be considered as oltigatton for impacts to Oab itat resul.tfng from the protect. In addition, cumulative Impacts from the increased capacity for dwelopment of adtacent lands have not bean be sufftcfently addressed by this proposal. The proposal states that the 225 set-aside acres "accounts for Smpacta rotative to any adt scent development as yell as the Impacts associated rtth tae debris basins and Concrete channel." The applicant should clarify chat dovelopment is referred to in this statement. Nitlgati on for the euawlattve impacts of associated development must be considered based on the seope~and Impacts of tlw proposod development. Pi ease feel free to contact our district rtidlfte bial ogist. SMron Douglwrty, or our district lands officer, Gary Earney. at 714-BB7-2576 to discuss tease cosurrnts. Thank you for the opportunity to router this proposal. Sincerely. . faa5CLI0TT L. GR~VWW D tstr lct Ranger cc: San Barnard tno County Flood Control Dfatrtct, 8111 Nana As:cc Cates _---_ Ilil,_„ ,i~~ di ~ ~ /MW~ CITAI~ W/ITfN 0/STHILT Of SOOTHfP.N Cq(lfOFi/IR ~`~'~~. - ~ - -, c~rr n~ :.. .,~, curnvoncn, Pwrvvirvc o~:^siorv City of Rancho Cucamonga ~ 311 Planning Division aM ~ P. O. Box 807 ~a~(~.y1 ,~1 Rancho Cucamonga, California 91729 "li81~1~J11213t`~1$ Gentlemen: ! Iiotica of Public Hearing for the braft Final Environmental Impact Report for Specific Plan 90-01 and General Plan Amendment 90-03H - City o a.,,~h.. r. we have received the Notice of Public Hearing for the Draft Final Environmental Zmpact Report (EZR) for Specific Plan 90-01 and General Plan Amendment 90-03H - City of Rancho Cucamonga. The project proposes to prezone approximately 6,480 acres of territory in the Rancho Cucamonga sphere of influence to provide for single family residences, neighborheed commerical, schools, parks, an equestrian center and preservation of open space. The comments herein represent Metropolitan's response as a potentially affected public agency. our review of the Notice of Public Hearing indicates that Metropclitan has a facility within the area of your proposed project, Metropolitan's Poothiil Feeder Rialto Pipeline traverses the project area travelling in an east/west direction. The attached maps shows Metropolitan's facility in relation to your proposed project. Zt will be neceasaxy to consider this location in your project planning. In order to avoid potential conflicts with Metropolitan's lacility, we request that preliminary prints of all improvement plans for any activity in the area of Metropolitan's pipelines and rights-of-wny be submitteA for our review and written approval. You may obtain detailed prints of drawings of Metropolitan's pipelines and rights-of-way by calling Metropolitan's Substructures Information Line at (211) 230-6564. A statement of guidelines for development in Metropolitan's facilities area, fee properties ar easements has been attached !or your information. The Notice of Public Hearing suggests that about two-thirds of the area under consideration will remain in open 2'd ~nIO ONINFM1~d~OMJ S2:SI 26, iF_ dbbl ~f ~%f'9M..,;~twY WAr4.2?EI JF,fQ'/,>~N ~'/:t)5'M4 City of Rancho Cucamonga -2- space. one of Metropolitan's strategies for serving its member agencies is to encourage these agencies to pump groundwater during periods of peak demand and make imported water available for replenishment of the groundwater basins during low-demand periods. Metropolitan encourages the City of Rancho Cucamonga to include objectives related to recharge facilities for both natural storm runoff and imported water as part of their open space element Eor the General plan Amendment. we appreciate the opportunity to provide input to your planning process. If we can be of further assistance, please contact Mr. Martin Meisler at (213) 250-6364. Very truly yours, Kathleen M. Runyez Manager, Environmental Aflairs gy; / /M Martin R. Me sler Sr. Environmental Specialict JA/4g c:ernaeraors~ Attachments y E'd •~IQ JNiM~Rf"IdiQMW 9z:~i 25, tE HbIJ k - ~~ A B r_. ~ - Y _ ., _ ._ . C ~ I~ __.. T- E t 1 i ... I {. >. ,._. . I _ _. ___~ ___. .~_-_~.. . .. -. ._.. ..:~ , - .. _...-__ . _ -- ___ . __~I w y . _ Y_' Q$:1- _ 6 ~ - - ... _. _ _ ~1 Y : r E - ~ . .i i f Y ) . .. - •- - ._ ~ _ _~ . ~, e ~ _ _.....: _ - ~ ' '.I '. ~ ~ y s - ,~ 1 - ., . . _.. ._ -~ _. 1~ p1- ~~ -1 e`~ .~ '. L. f.::.~, y ' C'- s 7 ~ .., t' ;.. ~, ns," ~.. 3 -vv - a 1`•-_~. _ "r``~~•-vim..#>*r ~•~._n:-7+, •13.~'~~Sr~~'~ __ j ,...5._ ~. ..j i ..'y,~~l. .x:,12;' c m SI i . s.4 6 .._ ~ --- ._ B _ C ~~_~ D_ _ E __ F Q -" _4-_ _ ~-~_ __ __ __ _.. __ _ .__ __ __ ._.. .._ _ __. - -~-- i i ... L__, ~ '~ i _~ o. .. _.. ___. .. ___.. .__ ~, ----- ~ - .. .~ o t f. r, , i ,'yam ~ ~ M ! '^~ :~ '` t $•~rv ~~ ~ ~V -~~ :.. _: : j RANCHn . - -- a,,.. - - 'N2 P~' - - ... -- --' -' -~ - , r ~ :, l v. _._ : _ ''' f'~~';; : :;;:~' Etiwanda 4~ . ~ . ,.^' 'S ^_ '~i. c-,_i~~.t .ter <-~.. .As~ ~.: rc-~.I:-_-"c '~~t D - -- -- a----- - ~r j ~ .~ _ j J i ' r _ _: ~~ ' ~~ Y ~~\ .... _ r - ~ x FONTANA_ . 6 -•roNCA ;,~ F?R 01'.199?. w 18~9~jDlll~1~~1~213~3ie 9449 Palmetto .4 venue Fontana, Ca'_if ornia 92335 March 30, 1992 2lanning Divisiou City of Rancho Cucamonga }'.0. Box 307 Rancho Cucamonga, CA 91729 Dear Piannin3 Division: k`e, Viona ar,d Earl Ramsey, are owners of 40 acres below Che San Bernardino Rational Forest i.n the County of San Bernardino, .N ickey Brot[ in a telephone conversation with Yiona Ramsey stated that the City of Rancho Cucamonga has designated ouz 40 as open space ar.d that our 40 acres has no access. First of all, this action by the City of Rancho Cucamonga rs premature and perhaps inevitably unnecessary. We are not included in the City of Rancho Cucamonga, nor do we ever plan to 6e. We have ar.cepCed the zoning of San Bernardino County which is one dwelling per 10 acres. This arrangement leaves adequate land as open space, and, accordingly, will protect [he environment. Besides that, there is all of [he open space of [he San Bernardino National Fn rest which is directly north of us and is not for development and private use. Secondly, we are very aware of the necessity of protecting our environment; however, when we bought this land, there was no indication that our property would not be allowed to be developed and would be zoned by the City of Rancho Cucamonga as open spare. We bough[ [his property Co build a residence on after our retire- ments. Since we bought this over ten years ago, we have put most of our savings into our investment knowing that Sa sn Bernardino County has zoned it as residential. This propertp adjoining tfie San Bernardino National Forest was designe[ed to be limited tr; verc expensive homes. Relying on this information ue, in December, ua id off $47,000 + so that the property was paid of E. Third, Mickey drott stated [hat our property has no ar.ce:;s. This is not true. We have easements foi access and there ca access 6y road. This is included in our property deed. Fourth, we really object Co the fact [hat someone •wnu iii wan[ [e put our life investment and savings into open space. Uur retirement and future depend on the way we use the land we have invested in. W'e wiil certainly have no retirement Euture it this land is locked up in an open space classification. We feel [hat when the City of Rancho Cucamonga takes private property in the County of San Bernardino away from the owners' decision on its vse, it is unfair. We don't see mucvh difference if [he City of Rancho Cucamonga walked into a bank and Cook someone's re^rement and savings for themselves and left a person with ncrlt hing. We suggest that the City of Rancho Cucamonga purchase [he properly at full price ar,d become the owners and then put it into open space. We ds£initely want a voice in the future of our land. Sincerely yours, Viona C. rem-fgY~ _ c3 Earl R. Ram9'ey APR- '.-92 WED ?E~40 STANDARD PAC!r G PU4Cn FAV N0, ?: ;c9o243B ?~~~ 57A,'VDARD PACIFIC OF ORANGE COL'NIY CiTi .I b~~n• r'~~A i. e~.n~^~•„ c , s oN April 1, 1992 ~+P~ ~~~ ~ AM Mixi Brett 7~8f9(flIU(L'111213~41516 Associate planner ~ City of Rancho Cucamonga 10500 CiViC Centex Drive Rancho Cucamonga, CA 91729 Re: Etiwanda North Specific Plan (ENSP) Dear Miki: This letter is a brie! response to the written and oral testimony of the 2-26-92 Planning Commission Hearing. I would like this latter to be made part of the records of tonight's meeting. My concern deals with a response to a comment I made at the 2-26-92 Planning Commission Hearing, in which I requested clarification that the existing Development Agreement for Tract 17565 would take precedence over the ENSP. Specifically, When asked for clarification on the relationship oP the ENSP to my Development Agreement, I was assured by the concurrence of Brad 8ullsr to my comment, that the Development Agreement would take precedence over the ENSP. This is documented on page 5, paragraph 7 and S of the 3-26-92 Planning Commission meeting minutes. However in the staff report for this meeting, the response to my question states that the specific Plan is consistent with state law on the relationship of development agreements and specific plans. This comment is somewhat different from the response given at the actual public hearing and Purther clouds the issue. In fact, theta are indeed many inconsistencies with the ENSP and the standards wriich govern this project by virtue of trie,Devalopment Agreement. These inconsistencies have bean outlined to staff verbally and in past correspondence. I have attached a copy of 7-2-91 latter for the record. However, 1 do agree that the ENSP and the Development Agreement are consistent to the extent that both documents have language which indicates that projects with development agreements are subject !- the rules and regulations in place at the time the developma r.t agreement was executed. This provision, we believe provides us protention from those standards in the ENSP which are inconsisten~ with the Development Agreement. 1767 Wert MncAr!hur tlnulrvnrd CrnG \1cu. C,h /mania 92026, 711'607-4700 APk- 1-52 WPD :6~4! Miki Bratt April 1, 1992 Page 2 Based upon my previous conversations with Brad Buller and the latest Planning Coamission minutes, I am assuming that both staff and Standard Pacific have a mutual understanding of this issue. Thank you for the opportunity Lo make my comments a part of the record, Cordially, ////////////////o A Michae ,,~~ Ye~ Project Manager STRNG:ARD PACIh':C PURCH FAX N0. 7;a5^..62""-39 P. 63 cc: Bob Shiota Greg Sanders P.'R- .-32 µ_1..n•,7 TP,tiGARD ?A~."`.C Pi;RCu SAX 4G :,545;39 STAC`,'DARD PACIFIC OF ORANGECOlihTY U Juiy 2, 1991 Mr, Larry Henderson Planning Depaztment City of Rancho Cucamonga P.U. Box 807 Rancho Cltcamonga, CA 91729.0809 ~4 RE' DRAFT ETIWANDA NORTH SPECIFIC PLAN 90.01 (CI1Y OF RANCHO CUCA.~fONGA) TRACT 13565 (BRENTWOOD COLLECTION) Dear Larry; Pursuant to our conversation last week, the following represents my initial comments with regard to the Draft Etiwanda North Specific Plan (ENSP). Having personally written many specific plans over the years, I hope my comments will assist you in providing the Planning Commission with a complete and accurate specific plan document. I do not wish to comment at length with regard to the status of our project, howaver, I would appreciate your understanding with regard to my comments, since the bulk of them deal with the existing approvals for Tract 13565, 1,2 A ri ; "Development plans, site plan=_, and Tentative Tract/Parcel Maps in this area must be consistent with both Specific Plan and the City's General Plan:' As you know, Tract 13565/f-10 was approved and recorded in the County of San Bernardino (the County), All development approvals for Tract 13565 are governed by a Davelopment Agreement between the City and Standard Yacific. With this, 1 am assuming the above statement would not apply to Tract 13565 since all of our approvals were obtained prior to the tract's annexation to the City, 1.3 California pnvirnnmemal Ot ality nom. Com iixn A-s5: "Mitigation measures included in this document may be applied to these projects." The following comment applies to both the ENSP and the Draft Etiwanda Noah Envirottmental Impart Report IENEIR), On August 24, 1987, the County Board of Supervisors approved Tentative Tract ]3565 and adopted a Negative Declara;inn. Ail recommended mitigation measures were included in tha projects Conditions of 176! N'ra( Mn~A nhur tlauUvard , .. .'3L WtJ ..~y~ JTCv~A~u~ v~C' '~~hCr, 'S ~lv uJ.; ~.'.,'~ Mr. Larry Henderson. ,~ Planning Department ~' City of Rancho Cucamonga July 2, 1991 Page 2 of 6 Approval. These Conditions of Approval fall under the authority of the Development Agreement which was in place at the time of the arnexatinn. Therefore, any mitigation measures proposed by the EtiSP and/or EVEIR I would assume would not pertain to Tract 13565. Exhibit 4 ProoeYty (Jwnershio; This exhibit denotes Tract 13565 as under the ownership of the Caryn Development Company. We would request that this exhibit be revised to reflect the correct ownership. Exhibit 10 9pgn,~ce ard_Trails Plan; This exhibit shows a community equestrian trai] to be located north of Tract 13565 within the SCE Corridor. Tract ]3565 waz conditioned as a part of the County Development Plan Wi38-49 Etiwanda Highlands (the Development Plan) to -' construct an equestrian trail on the north side of Summit Avenue and tdong the east side of San Sevaine Avenue. The Development Plan, however, did not provide for the construction of an equestrian trail along the SCE Corridor. [have attached a copy of the approved County trail system map for your reference, Exhibit 12 (B) Str4et Sections: This exhibit, which illustrates"the eross•sectib'h for Wilson Avenue {Summit) adjacent to Tract 13565 does not reflect those plans as approved by the County. I have enclosed a copy of the exhibit with the correct cross section dimensions per the approved street plans. Exhibit 12 (E) tr et lions; Per this exhibit, l am assuming that the top cross-section refers to Wardman Buliack Road west of Tract 13565. i have enclosed a copy of this exhibit with the correct cross-section dimensions as indicated on the County approval plans. Exhibit 12 (F) Street Sections: This exhibit is not necessarily incorrect, however, it does not apply to'['ract 13565. I have enclosed a copy of the Specific Plan exhibit with the cross-section dimes<Ec,-s that apply to Tract 13565, The two cross-sections provided occur at various locations within Tract 13565, and are shown on the County approved svee[ improvement plans. APR- 1-92 WED 16.43 S'RNDRP.D PRC!F:C PORCH FAY 90. 7i49"-.92438 P. Go Mr. tarry Henderson Planning Department ~ City of Rancho Cucamonga July 2, 1991 Page 3 of 6 9.1 Water; Exhibit 13, Water Master Plan shows an eight inch waterline to be installed in Wardman Bullock Road and along the north boundary of Tract 13565. Standard Pacific has approved water plans from CCWD which do not show the construction of waterlines as illustrated in this exhibit. 9.2 wer; Exhibit 14, Sewer Master Plan shows an eight inch trunk sewerline to be constructed in Wardman Bullock Road. Tract 13565 has already received approval from CCWD with respect to on and off-site sewer improvements. Our improvement plans do not show the construction of a trunk sewerline In Wardman Bullock Road. 9,5 Flood Control/Drainatte: f As stated previously, Tract 73565 received conditions of approval and s neEative declara[ion from the Coonty during the Development Plan and Tentative Tract Map approval process. It is my assumption that it is the City's intent to reflect the San Bernardino County Flood Control District (SBCFCD} Master Plan and where this exhibit and the SBCFCD Master Plan are in conflict, then the SBCFCD Master Plan shall prevail, I also want [o confirm that the Conditiorts of Approval with regard to the flood control obligations for Tract 13565 shall take precedence over the SBCFCD Master Plan illustrated in the ENSP. This would include any associated conditions and mitigation measures with regard to P.ood control improvements, Exhibit 16 Storm Drain fwlatter Plan: As a part of the development of Tract 13565, Standard Pacific constructed a 24" ACP and a 60" RCP in 24th Street. In addition, we understand that Tract 13564 constructed a 66" RCP on the south side of 24th Street. Both storm drains eventually empty into the San Sevaine Spreading Basin No. 1. With regard to the SBCFCD Master Plan Prohibit, I am assuming that the actual site and location of the storm drains are conceptual in nature, since they are not based on approved plans. ,- ~-. 'w_~ :7;44 ~Tf.. .. . Yth, ~~~":~Y ~i.V !h, .Q5 C~C4Jc ~. ~.7 Ma Larry Henderson ~ Planning Deparunent City of kancho Cl!camonga July 2, 1991 Page 4 of 6 11.4 I~ndscaoe ArcFitec•urc: Currently Standard Pacific has approved ]andscape plans for the landscape areas along 24th Street and a portion of the MWD easement. Both of those areaz have been landscaped and are ready to be accepted by the LMD for maintenance I am assuming that the landscape cross-section shown in the document are conceptual in nature and do not necessarily depict future landscape treatments for those areas. For your information, i have enclosed copies of those cross-sections which impact Traa 13565 with my comments. Fathibn 22 Community Theme Wall / F,nt This exhibit does not acaratcly reflect our anent approvals for our project, First, the wall plan shows a view fence located along San Sevaine Avenue. Our current DRC approval is for a six (6) foot high stucco wall with a brick pilaster located at every other property line. I am assuming that our previous City approvals will lake precedence should the ENSP be approved this way. Second, the entry monument plan shows an entry monument ]ocated along Wardman Bullock Road into our tract. Standard Pacific does not view Wardman Bullock Road as a major entry road deserving of an entry statement, as shown on Exhibit 26(A), Standard Pacific has already prov:dcd an entry monument similar to that shown on Exhibit 26 on 24th Street. 12.0 ev loyme^r cr ~aLdS: The following comments also refer to Sections IO.I.1 and 10.2 of the Etiwanda North Specific Plan. As stated previously, the Development Plan for Tract 13565 was approved by the County in September 1988. The Development Plan and Tentative Tract Map approval set forth certain conditions of approval, zs well as specific development standards, all of which are contained in the Development Agreement. In reviewing the ENSP, the General Plan Map and the Specific Land Usa Plan have designated Tract 13565 as very Icw density (VL). This designation allows up to two (2) dwelling units per acre and sets forth specific development standards for properties that Fall within this category. These development standards (i.e., minirnum lot sizes, setbacks, etc.) are inconsistent with the Development Plan standards and the Conditions of Approval for Tract 13565. In our opinion, Tract 13565; based on it's density and recorded lot sizes, is more likely to be designated as low density. However, even this designation and associated standards are still in conflict with our r p p i v H F 1 i, ~ ~.P APR- t-52 WED 1644 a RNDA..D .ACiFiC PJ:.C, AK iQ. ~ ~4avo_u d Mr. Larry Henderson Planning Department ~- GSty of Rancho Cucamonga July 2, 1991 Page ~ of 6 existing approvals. In order to eliminatz any confusion with regard to [he applicable standards which apply to Tract 13565, I would suggest that a statement be added to this section which would clarify the development standards for Tract 13565. I think this would eliminate any confusion with regard to the applicabic standards for Tract 13565. 12,2.4.2 D~v_elrlpment Criteria: "Any structures or land outside the Flood Control District which is subject to flood inundatic~, as depicted oa the Federal insurance Flood Rate Maps or otherwise by the Ctty Engineer, shall comply with the flood protection measures as outlined in Title 19 of the Rancho Cucamonga Municipal Code." Standard Pacific has installed flood control protection facilities in accordance with the Conditions of Approval and the standards set forth by the SBCFCD. Standard -~ Pacific will comply with all standards set forth in the 'Conditions of Approval and Development Agreement. 13.4 tiwa da Hiphlandc NgQ} }torhood Sub Areas 13,4.1 dub Area Community DeaiQn Featurec; "View fencingshall be featured for residemia[ development along San Sevaine Drive to take advantage of the view of the wash and foothills." Tract 13565 will provide view fencing along the northern tract boundary of the project, however we received DRC approval to construct a theme wall along San Sevaine Avenue, "Paseos should provide pedestrian access to the San Sevaine Wash. Also, peaces should provide access to community veils along the San Sevaine Wash." The in-tract improvement plans and landscape plans for Tract 13563 do not provide direct access to San Sevaine Wash. Our landscape plans do, however, provide for pedestrian and equestrian access along San Sevaine Avenue. Direct access to San APR- :-Q2 WED 1645 S?ANDARC PACiFiC PllRCN FAX i10. ~t45462538 P.~~ Mr, Larry Henderson ,. Planning Department ~ City of Rancho Cucamonga Jvly 2, 199: Page 6 of 6 Sevaine Wash is obsuucted by SBCFCD righ[rof-µay fencing. Larry, in addition to the above comments, I hope to discuss with you spetific issues within these sectiors of the ENSP: Section 8.2.2, "Other Pertinent Access and Design Policies"; Section 10.1, "General Provisions"; Section 10,12, "Relationship to Other Regulations"; Section 10.1,3, "Con0ic[ with Other Regulations"; Section 10,1,4, "Relationship to Rancho Cucamonga Development Code"; Section 10.1,10, "Agreements"; Section 10.2, "Land Use Regulations"; Section 11.0, "Design Guildelhtes". [hope my commenu are helpful. I look forward to meeting with you and Mild on Wednesday. Sincerely, Standard Pacific of Orange County, a divisio of 5 and d P' Ific, M chael J. White Project Manager cc: Bob Shiota, Standard Pacific Ray Allard, Fuswe, Williams, Lindgren & Short Grog Sanders, Nossaman, Guthnor, Knot & Ellie[ Joe DiIorio, Caryn Company Kevin Pohlson, Caryn Company Milo Bratt, Clty of Rancho CSrcamonga Brad Bnllcr, City of Rancho Cucamonga ~3R- .-92 ,c) 1e 49 S°ANDRn ?R~...~ ?'~RC:~ '0.:t ti~. 14;3=42c F-1 San Sevaine Avenue f--IONOON P41N! SVGMORf -} J )N PUNE SPCn~OaE IARY ISUND PINE UDfOnD PEM ERVICE R0.~D LANDSCAPE' STREET SECT/QNS ~ UNDSCAPE GASfiMENT wrK~E AP.~-~.~ r+r~rr z ray ratcn~wr.NaAnEneenvECN cvneANOSacvuiK Op TNAIL Tq eE e' MINIMUA~, 1'PMCAL Etiwanda North Specific Plan ~~.. ~ ~ lNOMIOIfq MlOCIATp Ci)r of ~ n,r.ii"ww tS :°1'w w.. w III-38 : QRAFr ~anelro Cuummn6a ~ n. r.n.. a.. rr. r aw.- J-1 Wardman-Bullock Road ..APR- i-92 'dED i@:qfi 55fiNUP.RC PAi,IriC ~"Y~itC1! PAn V0. ".4043243A U 9094 `J'CANIOra"~h.`a 13L~Ftalhir.~a.m7 +ZC~ iS 7ilc ~.PN A2 t~ isc~0 p••+c C K~S9 17N ,~ north ~ IZ' 27' I r ' pT' /G' ' }Tl. ~`~ d.yr..nu ~~~~` '~ FIbw4 as [av Rlav ~ w 7rt ar 2!^1.•1%M• R.o.w. y6 r ~ra..r Cr ~3sst. . C-7 .pcM~,,7MCAStLO"tMi1 of T2tRt, pKTNn` NeRTht~OC My1'(NOi ftkRi W~JrtI' 15 thbwW a`r TJrr* ti8A2 fyyr dr T. COMMUNnY TiWI .1- ~~~~~ppN~ntM1E~1p~4E8 µ0 NOLLY LMK9 I lei eun~ntly poCYefW) J+ eRMPORO PEIR EUWWTUS WINDROW (S' O.C EQ spac,rgl PATH b rorth ~ R.O.W. C-8 'M VJV09CAPE EASEAM.NT wVfRE AIGl1CABli ITE; PIANTIMO MEA SCTWFEN CURY ANO SIDEWALK oa TRAIL To BE a' NNWMUM,tYPICAL !~~ aa~awa u,roc(ATu F~ Y~ bl/ ~ rA Ttr_{S WNh Eliwanda Nnrth Specific Plan Cilr al AF°- '-92 'dE9 !6'.4' STANDAR4 PACIFIC PllRC9 . COLLECTOR 3TREET$ • BANYAN S7REEf ~ SAN SEiYA(Nt3 DRIVE • SUMMIT AVENUE • ROCHESTER AVENUE ~RX 4u, 7!954624?5 '•':? • EAST AYENU~ (North of Wilean Ave.) • VINTAGE DRIVE • WARDMAN-aULLOCK ROAD (North of Wilson Avenue) • OTHER COLLECTORS CLAba u s' &KF LAtai -. A' WALK~~-~ ~' WALK ~,~ ngtfi ""W_ I ~ry 4•AST Si OSNN<~+J ~~~ d' N ROTC PV'PITINO AREA et[nvaGN CORY AND SIDGIWLK OR TRAY. TO BP. 9' MINIMUM TP.AIL Etiwanda North Specific Plan s~~ uYiWf.IVY! AQaDDUT.a y ....i~iwn r «a u... II-37 h• W M'p1 •~ I•r~iw •YY•I DRAii ~ Rancho (with Community Trail) ~ kh i Gvi-.rv~' ~~.ar °. ;3 R°R- 1-92 WED 16'41 S'flNDARD PACGIC 4'~r~CP, FAK N0. ~i45d.624~8 SpEC{Ai. DIVIDED SECONDARY ARTERIAI. STREETS _ • WIL50N AVENUE (east of Day Creek Blvd.) ~v MEANQHPING CLASS 1 COMMUNItV TA,VL a` N(a(x S' BIKE PATH (MEANC1EpItNi) 1 ' tai f '7 ~ nOrN RO.W. Wp[h to-1 as shown on Circulation Plan) !, . ( ~. „aA~ CI,A831 e' eu2 PRH tar h°~ 0.0.W. •ollth (A-2 as shown on Circulatio~t Plan) jpW WUIII }I'xl~`I~ L_ I _'i-1~8r~9wtM IY~ 1 i 7 ~ yy "9L' AA W~ .I w`o+w Jpyli•s W1~5en(Sv.w~rNrt~ A.3 Slb~~OM Twt PPsV6M9yT OLbYHS 7oR~n2eci ~a Spt ~. ST1~~~~tS~l"it~N~ Nora PW711N4 M!A B4TWiEN C~/RY ANO slcewulc OR rfL4U ro 8G r MMIiAVN ~~~ El101/[lNMq tigQClbiG ...... w w..nwr...w.aw:r p~ M NYI M MM.I~ apn II-3t QIINiT ~ Rr.cAo i Notth Plan PPR- ;-92 WED i9~a,B S?9tiCP,RD PAC!FiC ?URCii FaX N0. 7i45462~ 1 F, i9 OTHER LOCAL STREETS S:'S,va~~n~K- y ~e~r.i '8.p6Wn.K i _~ 0 (.O W. r ---ti.~.~_- _ ---_/_~ ' Ra.w- 4' WAUC ~"MK1( t2' 9A' 1 ' _ AO 11,O.W. N07>t~ PIANTIN6 AIInA 8Ff WtinN CUN9 AND 91DFVMIJ( OI111VJL TJ YG A' MMIMAJM ~j,M D,~ 1 .,.•p~~~ : ~ II•38 / ~`, Etiwanda North l Specific Pla\n II 1~ cler o1 DRAFT p+~ uK+1..(t^ >~ Item 1. Letter to the Clty Council from W. David Wheeler, Attorney, in behalf of the San Bernardino County sego Pzlende. (`act attached.) Nr. Wheeler requea te: r,aa a yr nr~av a,nv u...,~u..v.. v.a MEMORANDUM mNPIDENTIAL M81lD DATE: April 1, 1932 TO: M ycr and Members of the City Council . Jack Lam, City Manaqer FA Brad Bu 17.er, City Planner Hl' Miki Hra tt, Associate Planner SV ECT: RIVERS ZDEAN ALLWIAL FAN SC RUH AND COASTAL SAGE SCRUB HABZTAT ISSUES RECOMMENDATION: Staff requests the City Council direct staff to pursue a three-step work program to respond to Aiversl dean fan scrub and coact tai sage scrub habitat issues raised by recent correspondence, act follows: 1. Coop Leta Etiwanda North Specific Plan Resource Management Plan as scheduled. 2. Include strategies within the Resource Management Plan to acquire parcels which are in private ownership for AAFS preaervati on. 3. Review parcels of RAFS and coastal sage scrub within ~J:e City for potential to enroll in Natural Communities Coneervaiion Planning (NCCP) process. (See attached vlcini ty map.) Report back to City Council by May fi, 1992. It should be noted that AH 2172 eatabliehing the Neturai Comvmnity C one ervati on Planning program (NCCP) was approved by the Governor on October 9, 1991 and became effective January 1, 1992. the purpose of AB 2172 was to authorize the California Department of Reaou rtes in coneu ltatlon with the California Department of Piah and Game "to prepare nonrequlatory gul delinee for the development and lop lementatl on of natural wmmunlty mneervatlon plane." The NCCP program for Coastal Sage Scrub Se [he Llret habitat study under AB 2172. The Coos tai Sage Scrub study 1• Sn Ste eta zt up phase. Partlclpatlon Sa voluntary. Staff hea reviewed correspondence addreeaad to the Mayor and/or the Caty Council ra gardlnq Riverai dean Alluvial Pan Scrub and Coastal Sage Scrub Habitat issues, and hea su®erized the items and responses ee follows: MEMGRANDUM r R: VERS IDEAN ALLUVIAL FAN HCRL'H AND COASTAL SAGE SCRUB HABITAT ISSUES April 1, 1992 Page 2 o Partici nation in California Nztu ral Coavnunities C ons ervau or. Piann ins program. o Pas sa qe of an interim ordinance to control development on parcels where subje~ habitat exists. o Preparation of a Habitat Management Plan in conformance with the Federal Endangered Species Act. Response 1~ The Mayor has sent a response to Mr. Wheeler stating Ghat staff is reviewing RAFS and Coastal Sage Scrub habitats within the City. (See attached.) Item 2. Letter to the Mayor from Carol G. Whitest de, Assistant Secretary for Intergovernmental P.e lationa, the Resources Agency of California requea is the City's patticipati on in the Natural Communities Conservation Planning (NCCP) program. (See attached.) Response 2: Staff hat written to the California Department of Piah and Game indicating that the City will cooperate with the NCCP pzogra m. (See attached.) On March 25, 1992, an information packet was Bent to Mary Meyer, biologis4 in charge of Riversidean alluvial fan scrub review for the Department of FSeh and Game. Item 3. Celt rans has requested a meeting on April 10, 1992 with responsible Agencies to dSSCUSa mitigation for RAFS for the Route 30 Freeway. ANALYSIS: The level of further Clty rnoPeration will 6e determined follow inq direction fran the City Covn cl 1. Pleaee note that participation in the NCCP is voluntary. Also, there is no funding available to rei mburae local. cotta. Further, the Ctty hat no jurisdiction over significant parce le which have been identified bl' the U.S. Fish end Wildlife Service as prime candidates fcr pree ezvatlon. Such parcels in the Sphere-ot -Influence include San Sevaine Wash, Etiwanda Wneh, and Day Creek Wash, ae well ae the alluvial fan arse north o! the double util :.ty cowl dot, primarily located be [wean Dey Creek Wash amt Etiwanda Creek Wash. MEMOMNDUM RI VERBIDEAN ALLW IAL FAN S^_RUB AND COASTAL SAGE SCRUB HABITAT ISSUES April 1, 1992 Page 3 NORK FRO GFAM: r In response to the above covmmni cation, staff proposes the following wort, program: Complete existing draft Etiwanda North Specific Plan Resource Management Plan, to identify conservation management strategies for seneiti ve habitat areas. The draft RMP is scheduled for cirnilation to Responsible Aqenties for review within six weeks of adoption of the Etiwanda North Specific Plan ordinance, i.e., approximately May 15, 1992. 2. The draft RMP will identify habitat areas whi ch~ have preservation potential and develop strategies Eor preservation, including methods for acquisition of parcels in pzivaie ownership. In the interim, staff will cooperate with Caltrana and/or County habitat cons ervetion programs. Nate that Coltrane has scheduled a meeting with Clty staff and reeponslble Agencies for April 10, 1992, to dis case implementation of RAFS mitigation measures for the Route 30 Preeway. This meeting may earve to focus potential preservation strate glee. 3. Expend not more than two person-weeks identiLying parcels within the City which appear to be Rl veraidean Alluviel Fan Scrub or Coastal Sage habitat. 1See attached vicinSty map.) Review oreservation potentia l• Decide whether any parcels s:iou ld bP enrolled in NCCP process. Make a :sport and recommendation to the City Council on NCCP participation by May 6, 1992. CONCLUSION: Staff requests r_ity Council approval to pursue the aforementioned three -a tep work program. BB: MB: mlg VICINITY MAP * Cirr n~~~ ^~ pAFB HABITAT AREA CITY OF RANCHO CUCAMONGA CITY OF RANCHO CUDAMONGA MEMORANDUM DATA: March 31, 1992 T0: Mayor and Members of the City Council Jack lam, AICP, City Manager FROM: William J. O'Neil, City Enginee~ SUBJECT: LARK DRIYE RIGHI-OF-NAY ACQUIS ~- APN: 227-011-13, 6-1; APN: 227-011-09, 6-2, CITY COUNCIL AGENDA PUBLIC HEARINGS G-1 - APN 227-011-13 - Staff has reached tentative agreement with Dr. Janet Bauer regarding Lark Drive right-of-way. Dr. Bauer has not had a chance to sign the agreement at this time and staff is asking a two week continuance. G-2 - APN 227-011-09 - Please remove from City Council Agenda of April 1, 1992. Staff has reached an agreement with Mr. DeVtto Francesco. The agreement will be brought before the Council fvr review during Executive Session. 'AJO:dIw DRAFT BOND xrroeaxvRE 3I2yISZ This Bond Intlenture dated ae of March 1, 1992, ie eatabilehed by and between the City of Rancho Cucamonga, a pout ical subdivision of the State of Cal itvrnia, on behalf of Community Fac ilit ien District No. 84-1 (Day Creek Drainage System) of the city of Rancho Cucamonga, a community faci).it ies district organized end existing under the laws of the Etate, and Bank of America National Tru et and Sevinga Aeeocia- tion, ae the FLacal Agent. ARTICLE I. DEFINITIONS SECTION i. As used in this Lndent are, the following terms shall have the following meanings: "Act" means the ^Mello-Roos Community FacilLtiee Act of 1982", ae amended, being Chapter 2. 5, Part 1, DLvislon 2, Tlt le 5 of the Govern- ment Code of the State of California. "Additional Bontls^ means any additional bonds issued by the District as permitted by Section 32 of this Intlenture an a parity with the Bonds. "Adminletrative Expenses" means the adminletrative costa and expenses with respect to the calculation and collection of the Special Taxes, the payments vn the Bonds and any other costa directly related to the administration of the Bonds or the Special Taxes for which the Special Taxes may be levied In accordance with the Act, which amount will not exceed $ each year. "Annual Debt Service" means, for each twelve month perLod ending Augu of 1, the sum of (1) the interest falling due on the Outetand Sng Bonds in ouch twelve month period, assuming that the OutstandLng Eer Sal Bonds are retired ae scheduled and (2) the principal amount of Outstand- ing Borde fall Lng due by their terms !n such twelve month period. "AUt horized Investments" means any of the following Co the extent each securities are eligible for the leeal investment of funds of the D Letrlct: (1) Vnited Etatee Treasury notes, bonds, 6ille or certificates of indsbt edneee, or tho ea for whir_h the faith and credit of the United Star.ee Se pledged far the payment of principal antl interest; (2i Tlme certif lcatee of deposit or negotiable cart LElcatee of deposit issued by a state or nationally chartered bank or truer company, inc ludLng the Ftecal Agent, or a state or federal eav inge an^ loan association; provided, that such ce rt i[icates of deposit shall be (i) continuously and fu liy In surad by the Federal Deposit Insu- rance Corporation, or (ii) issued by any bank or tru et company organizetl under the laws of any state of the United Statee of America or any national banking association (including the Fiscal Agent) having (A) a combined capital and eu rplue of at least one hundred million do Mare (5100,000,000) and (B) a rneing of lte long-term unsecured obligations i.n either of the two highest (exclutling any modifier) categories ty Standard b Poore Corpora- tion and Mootly's Investors service, Inc. and ouch certifio~tee shall have maturities of six ~6)monthv or les a, or !iii) continuously an3 fu liy secured, by such securit iee as are described in ciao ae (i) above, which securities shall have a market value (as determined on a marked-to-market baviv calculated at least meekly, and exclusive of accrued intereet) of not lees than the principal amount of ouch certificates of deposit; (3) Bil le of exchange or Lime tlrafts tlrawn on and accented by a commer- clal bank (including the Fiscal Agent), otherwise known ae bankers' acceptances, which are eligible for pu rchaee by members of the Federal Reserve System; provided, that purchases of eltglble ba nkere' acceptances may not exceed two hundred veventy (270) dayv' maturity; ~4) commerclal paper of "prime" quality of the highest ran Y.Sng or of the highest letter and numerical rating ae provided by either Moody'e Inve store Service, Inc. ("HOOtly'n") or standard 6 Poore Corporation ("standard 6 Poor a"~, which commerclal paper ie limited Lo issuing corporations that are organized entl operating within the United States of America and that have total assets in excess of flue hundred million dollars ($500,000,000) and that have an "A" of higher rating for the leeuet'6 debentures, other than commerclal paper, ae provided by either Moody'e or Standard 6 Poore; provided, that ourchasee of eligible commercial paper may not exceed one hundred eighty (I80) days' maturity nor represent more than ten percene (lOB) of the outetanding commerclal paper of an issuing corporation; (B) Obligations ievued by the Government National Hortgage Aeeocia- tion, the Federal Fazm Cced it System, the Federal Home Lean Board, the Fetle ral National Mortgage Association, the Student Loan Market- Lny Aeeoclatlon, and the Federal Nome Loan Mortgage Aeeoc iat ion; (6) Bonds, notes, warrants or other evidence of indebt edneae of the State of California or of any political subdivision or public agency thereof which are rated in one of the two highest ehoct- term or long-term rating categories by =_ithez Hootly'e or Standard b Poor'v; (7) Un Lte of a taxable government money market portfolio restricted to obligations Sues ed or guaranteed ae to payment of prlnclpel end intereet by the L'u 11 fa Lth and credit of the VnLted Stales of America or repurchase agreements colleterallzed by ouch obligations; (S) The Local Agency investment Fund established pursuant to Section 16429.1 of the Government Code of the State of California. "Authorized Representative" of the District meanv the of the city, or any other person designated by such officer and autho- rized to act on behalf of the District under or with respect to this Indenture and all other agreements related thereto. "Average Annual Debt Service" means the average Annual Deht Service tluring the term of the Bonds. ~ "Bondholder," "Bendowne r," "Owner," or "HOltler of Bonds^, or any similar teem, means any person who shall be the registered owner or hie duly authorized at[ocney, trustee, representative or assign of any Outstanding Bond which shall at the time be registered. For the purpose of Bondholders' voting rights or consents, Bonds owned by ar held for the account cf the Issuer, or the DSetrict, directly or indirectly, shall no! be counted. "Bonds" eha11 mean all Ronde and Additional Bonda of the District at any time outstanding pursuant to this Indenture and which were autho- rized at the special election ir, the District on June 2H, 1984. ^BCnd xear° means any period of twelve consecutive months or lees selected by the Issuer. ^Buaineas Day" means a day which is not a Saturday or a Sunday or a bank holiday under the laws of the Unltetl States or the state of Californi... "C Lty" means the City of Rancho Cucamonga, California. "Code" meant ^_he Internal Revenue Code of 1986, ae emended. "Coate of Ieeu ance^ means all of the costa of issuing the Bonda, includ- ing but not lim lied to, n11 printing and document preparation expeneee in connection with this Indenture, the Donds and the official Statement pertaining to the Honda and any end all other agreements, in atrumente, certif icatee or other tlocumente issued Ln connection therewith; legal fees and expeneee of counsel with respect to the financing of the Project; any computer and other expeneee Lncurred In tonne ct ion with the Bor.d a; the initial [tea and expeneee of the Fiscal Agent (includLng without limitation, acctptence fees and fir at annual fees payable In advance); and other fete and expenses incurred In connect Lon with the Leeuance of the Bontls to the extent ouch Eeee and expeneee are approved by the Dletrlct. ^Delivery Date" means the tla[e cn which the Bonda are ieeued and delivered to the lni!ial pure haeer thereof. "District" means Community Far. lilt its Dletrlct No. 84-1 (DSy Creek Drarnace System of the Clty. "Escrow Trust Agreement" mea ne the F.ecrew Tcuat Agreement between the District. and dated [he Delivery Date. "Fiscal Agent" means Bank of America National Trust and Savings Ae9ocie- tion, and any aucceeeer thereto. "Fiscal Year^ means the 12 month period terminat i.ng on June 30 of each year, or any other annual accounting period hereinafter selected end designated by the Issuer as its fiscal year in accordance with app].1caDle law. 3 "Government Obllgat Lo ne^ meane ,a) aireet oblig at lone of the Unites Stetee of America (including obiiyat ions issued or held in Dook-ertry term on the books of the Department of the Treasury of the llnited States of America) or obligations the payment of the principal of and interest on which ie guaranteed by the Vnited States of America, (b) obi Lgatione of et ate or local government municipal bond leeuere, provl- aion fur the payment of the principal of and interest on which ehail have beer, made by deposit with a nrustee or eecrcw agent of Coverrunent Obligations deecr ibed in (a) above, the maturing principai of and intereet on which, when due and payable, eha11 provide sufficient money to pay the principal of, premium, if any, and intereet on such obliga- tions of et ate or local government municipal bond ieeuere, provided that each obligations eha11 De rated in the highest rating category any nationally recognl xetl debt-rating agency or bureau whLch may De accept- able to the Dietrlct and (c) ce rt if icatee which evidence ownership of the right to the payment of the principal of and lnte re et on oblige- tione deecr ibed in clauses (a) and (b), provided that such cbligat ions are held in the cu etody of a bank or trust company which ie a member of the Federal Deposit Insurance Corporation and which has combined capital eurplue and undivitled proCite of not lees than $20,000,000 In a epeciai account separate from the general assets of each custodian. ^Grose Proceeds" has the meaning ascribed to such term in Section 148~f)(6) of the Code. "cross Taxee^ meane (1) nil Spec iai Taxes, (ii) prnceede from ihs Bale of property collected pureunnt to the foreclosure provieione of the Act and this Indenture for the delinquency of such Special Taxea, and (111) all amounts receivetl by the DLetrict or the City unde[ that certain Loan and Pletlge Agreement Det wean the city and the Revelepment Agency of the Cicy. "Inds nture" meane this Bond Indenture, ae amended of supplemented pursuant to the terms hereof. "intereet Payment Date" meane Fabru ary 1 and August 1 of each year, commencing February 1, 1992. "Issuer" meane the Dietcict. "Legislative Body" meane the City Council of the City of Rancho Cucamonga, CaliCOrnla. "Maximum Annual Debt Service" meane, ae computed from tins to tLme pu reuant to the provie ions hereof, the large at Annual Debt 5erv ice during the pzriod Erom the date of such determ inat to r, through the final matu r. i.ty of any Outstanding Bonds. "Net Taxes" means Grose Taxes minus Administrative Expeneea. "U pin ion of counsel" me»ns a written opinion of en attorney et 1»w or a firm of attcrneye at law of nationa!ly recognized standing in matters pertaining to the tax exempt nature of interest on bonds issued by et area and their political eubd lv ieions acceptable to the Dietrlct. 4 "OUtet andine Bonds" means all Bonds theretofore issued by the District, except: ~ (1) Bonds theretoEO re cancelled or surrendered for cancellation In accordance with Section 31 hereof; (2) Bonds for the payment or redemptior, of which monies eha 11 have been theretofore tlepoe ited in trust (whether upon or prior to the maturity or the redempt Lon date of such bonds), provided that, if such Bo ntle are to be retleemed prior to the maturity thereof, notice of such retlempt lcn shall have Deen given ae provided in this Indenture or any applicable supplemental Indenture. ^Owner^ means the .-egisteretl owner of any outstanding Bond. "Principal Payment Date" means August 1 of each year, commencing August 1, 1992. The ^PUb1ic Facilities" means the facil it iee as described In that certain document entitled "City of Rancho Cucamonga, Community Facili- ties District No. B4-1 (Day Creek Drainage System), Community Faclll- tiee District Report" aoproved by T.he Legislative Body and which ie on file in the office of the Clty Clerk. "Record Date" eha 11 mean the fifteenth (15th) calendar day of the month immediately preceding an Interest Payment Date. "Refunded Bonds" means the Spacial Tax Bonds, Bariee A, of the District originally issued in the aggregate principal amount of $18,000,000.00 and dated Au qunt 1, 1985. "Refuntling Ccete" means the coat described in Section 53363.8 of the Act. ^Requlatlo ns^ means the raga lot ions promulgated under the Internal Revenue Code of 1906, as amended. "Reserve Fund Requirement" means the le seer of (1) Naxlmum Annual Debt Serv Lce for the Bonds, (11) one hundred twenty-five percent (126t) of Average Annual Debt Service for the Bonds, or (iii) ten percent (l0t) of the initial, aggregate principal amount of the Bonds, le se any original issue discount, plus any original issue premium. ^5er le e" means al! Bonds authorized and est cbllehed pursuant to this Indenture or a Supplemental Indenture ae conetLtut ing a Series and delivered on original issuance in a simultaneous transaction and any Bonds thereafter executed and delivered in lieu thereof or in eubsCitu- tion therefor. "special Taz" or "5 pedal Taxes" mean the Special Tax tleacribed in, and authorized to be levied in and toe the District puree ant to the Act et, the special electlo r. held in the Dist rict on June 28, 1984, and subse- quently levied pursuant to the provisions of Ordinance No. 263 adopted by the Ie eu er, ae the same may be amended pursuant to the Act. 5 "State" means the State of Caiifnrnia. "Supplemental Indenture" means any bond intlenture then In full force and effect which has been duly approved by resolution of the Legisla- tive Body under and pursuant to the Act at a meeting of the Legislative Body duly convened and held, a[ which a quorum was present and acted thereon, amendatory hereof or supplemental hereto; but only if and to the extent that sacs Supplemental Indenture ie epecif lc ally authorized hereunder. "Treasurer" means the Treasurer of the City, acting on behalf of the District. ARTSCLE II. GENERAL AUTHORIZATION AND TERNS SECTION 2. Amount, Issuance and Pu rooae. (a) Pursuant to the prow ieione of the Act, this Legislative Body, acting on behalf of the ^ietrict, does hereby authorize the issuance of bonds in the aggregate pri nclpal emou nt of $ and dated ere of March 1, 1992. The Bonds shall be deelgnatetl ^City of Rancho Cucamonga, Community Facilities District No. 84-1 (Day Creek Drainage system), 1992 Refunding Special Tax Honda". The purpose of the Bonder shall be to finance the deEeaeance of, and early retlemption of, the Refunded Bontle and to pay Costs of Ia6VdnCC. The Bonds shall mature on August 1 in the years and in the principal emeu me and bear interest et the rates es set forth Ln the following schedule: Payment Date Auoust 1 Principal Amount InteY Set Rate 1992 5 199J 1994 1996 1996 1997 1998 1999 2000 2001 2ooz 2001 zno4 zoos SECTION 3. Type and Nature of Bonds. The Bonds shall be lim Lt ed obligations of the District secured by an irrevocable and first pledge of, slid payable ere to both princLpal and interest from, the Net Taxes and other. funds ere hereinafter prow idetl for. The Bonds, the interest thereon, and any premiums payable on the redemption oL an}' thereof, are nct a general obiigat ien of the Dietrict, the City, the State of California, oT any of ire political eubdivie ions, and neither the Clty, the District, the State no: any of ire political eubdiv isione is liable on the Ronde, nor in any event shall said Bonds or interest be payable out of any Fonda or properties other than those of the District ae in thle Indenture set forth. Ne it hex the members of the District cr the Issuer nor any pezeone executing the Ronda are liable personally on the Bonds by reason of their ie euance. The validity of said Bonds is not and shall not be dependent upon the completion of the Public Facilit iee or upon the performnnce of any ob1!gat ion of any person cr entity relative to the District. NoCh!ng In tl',Ls indenture shall prevent the Dietrict from making advances from any other source of revenue not otherwise protibited by law to any of the uses and purposes mentioned In th Le Indenture. Nothing in thin Indenture or in any Supplemental Indenture shall preclude the redemption prior to maturity of any sonde subject to call and redemption or the payment of the Bonds from proceeds of the refund- ing bonds ieaued under the Ace or under any other law of the State. SECTION d. Terms for all Ronda. The Bonds shall b¢ leeued as fully registered Bonds in 55,000 tlenominatione or integral mu lGlples thereof, and shall be dated as provided in thin Indenture or any supplemental Indenture and eha11 mature at such times and in such amounts ae ere set forth in thin Indenture or any supplemental indenture. The Bonds shall be numberetl ae doterminetl by the Fiscal Agent. SECTION 5. Interest. ..^.ech Bond shall be of a single maturity and shall bear interest at the rate as set forth in this Indenture or the Supplemental Indenture eetabliehing the terms and rand ltione Eor the issuance of the Bonds. Interest shall be payable semi-annually on each Interaet Payment Date, entl all Bonds eha 11 bear Sntere et from the Interaet Payment Date next preceding the date on which St Sa authenticated entl registered, unleee said Bond is authenticated and registered after the close of bueineee on a Aecord Date and on oc before the close of bueineee on the next Interest Payment ^ate, in which case St shall bear interest Erom said Interaet Payment Date, or unleee Bald Bond le authen- ticated and registered on or prior to the fire[ Record Date, in which case it shall bear interest from its date, or unleee Interest Ls 1n default, In which ca ee Interaet shall be payable from the last Interaet Payment Date to which interest has been paid or, SE no interest hoe been paid, from Ste date, until payment of !te principal sum has be¢n d iecharged. SECTION 6. payment. The principal of and interest on the Bonds shall be payable in lawful money of the United St aces of America. The principal of the Bonds and any premium due upon the redemption thereof shall be payable upon presentation and surrender thereof at maturity or the earlier re tlemption thereof at the prLncipal corporate trust office of the Fiscal Agent. 7 Interest on said Honda shall be paitl by check mai'_ed on each Interest Payment Date to the req ).stared owner thereof at hie or her adtlre44 ae it appears on the books of registration as of the Record Date immediately precetl ing said Interest Payment Date or, upon the written request of a Bondowner of at least 51,000,000 in aggregate principal amount of Honda received by the Fiscal Agent by or prior to the applic- able Reccrd pate, py wire transfer rn immetliately available funds to an account in the continental United St at ea designated by such Owner. Interest with respect to each Bond shall be computed using a year of J60 dxya comprised of twelve 30-day months. SECTION 7. Erecut ion of Bonds. The Bonds ohs 11 be executed in faceim Lle by the Hayor of the City and countersigned by the City Clerk of the Legisla- tive body, each acting on behalf of the District, end th¢ corporate seal of the City shall be imprinted in face im ile cn the Honda. The Bonds shall [hen be delivered to the Fiscal Agent, for authentication and registration. In case an officer who shall have signed oz attested to any of the Honda by facsimile or otherwise shall ceaeo to be such officer before the authentication, delivery end issuance of the Bond e, such Bonds nevertheleae may be authent is atetl, delivered and issued, and upon such authentication, delivery and issue, shell 6e ae Dinding ae though those who eignetl and attested the same had remained in office. SECTION B. Ortler to Print and Authenticate Bends. The Treasurer is hereby instructed to cause Bonds in the form as set forth he re In to be printed and to proceed to eauae said Bonds to be authent lcated and delLvered to an authorized repreeentat ive of th¢ pu rchaear upon payment of the purchase price as set forth in the accepted proposal for the sale of the Bonds. SECTION 9. [Re se rved~. SECTION 10. Books of Registration. There shall be kept by the Fie ca.l Agent, eufti~ Te nt books for the reglstration and transfer of the Bonds and, upon presentation for each purpose, the Fiscal Agent shall register or transfer oz cause to be regLe tared or transferred, on Bald register, sonde as herelnbefore provided. Whenever any Bond or Bonds shall be surrendered for registrar Lon of transfer or exchange, rho Fiscal Ageot shall aulhe nt Lcate and deliver a new Bond or Bonds of the same maturity, for a like aggregate principal amount; provided, the Fiscal Agent shall not be raga ).red to register transfers or make exchanges of (i) Bonds for a period of 15 days next preceding the date of any selection of the Bonds to be redeemed or (11) Bonds chosen for redemption. SECTION 11. Exchange of Bonds. Gonda may be exchangetl a[ the office of the Fiscal Aqen t, for a tike agq raga to principal amount of Bonds of the same aeries, interest rate and maturity, subject to the payment of governmen- tal taxes or charges, if any, upon surrender and cancellation of a Bond. Upon su rh transfer and exchange, a new ray istered Dond or Bonds of any authorized tlenom ina[ion or denominations of the name maturity for the same aggregate principal amount will be ieau ed to the transferee in exchange therefor. SECTION 12. Negotiability, Registration and Transfer of Bonde. Tha tranef er of any 9c n.d may be regieteretl only upon the books of rag let ration+upon eurrentler thereof to the FLeca1 Agent, together with an aealg nment duly executed by the Bondholder or hie attorney or legal representative, in satisfactory form. upon any such registration of transfer, a new Bond or 0onda eha 11 be aathent icated and delivered In exchange for such Bond, in the name of the transferee, of any denomination of denomina- ^_Sona aut horizetl by this Indenture, and Ln an eggreg me pr inclpel amount equal to the principal amount of each Bond or Bonds ec surrendered. SECTION 13. Authentication. Only such of the Bondn as shall bear thereon a certlfl- cate of authentication aubetantlally in the form below, msnuelly executed by the Fiscal Agent, shall be valid or obllg story for any purpose or entlt led to the benefits of this Indentures and each certifl- eate of the Fiscal Agent eh all b= co nc lueive evidence that the Bonde so authenticated have been duly executed, au thent Lcated end delivered hereunder, and are entitled to the benefits of this indenture. FOAM OF CERTIFICATE OF AUTHEN".'ICAT ION AND REGISTPATION This le one the b0 nde tl?scribed in the within Ldentif led Indenture. BANK OF AMERICA NATIONAL TRUST ANO SAVINGS ASSOCIATION ae FSecal Agent By: Authorized Signatory ARTICLE III. FUNDS AND ACCOUNTS SECTION 14. Eetablie hment of 5peciel Funds and Accounts There!n. The fo Llowiny funds ere hereby created end established and shall be meintalned Dy the Treasurer or the Fiscal Agent nu reuant to the provisions of this Article: (1) Re£untling Fund (the "Refunding Fund"~; (2) Spec Sal Tax Funtl" (the "Specie; Tax Fu ntl"); (J) Reserve Fund (the "Rees rve Fund"); (4) Bond Service Fund (the "Bond .Service Fund"); (5) Exce6e Earnings Fund (the "Excess Earnings Fund"); (5) Redemption Fund (the "A edempt ion Fund"). SECTION 35. ~c ial Tax Fund. Except for preps Yments of the Special Tax, if any, to be deposited pursuant to Section 21, the Treasurer shall, within ten days of each date on which the Net Taxes have been received by the 9 Treasurer, «ransfer the Net Taxes to the Fiscal Agent for deposit in Che Special Tax Fund. All Net Tax receipts ehali be held in truet°antl transferred in the amounts and priority set forth in this Article TII. Any amou nta remaining on deposit in the Special Tax Fund when there are no lorger any Bonds outstanding shall Ce traneferted to the District and need For any lawful purpose under the Acc. SECTION 16. fReeervedJ. SECTION 1'1. Bond Serv iee Fund. A6 soon as pract is ab i.e, but no later then the fif to day prior to each Interest Payment Date, the Flecal Agent shall withdraw from the Special Tax Fund and place in the Bond Service Fund an amount equal, together with amounts on deposit therein, to all of the principal and all of the interest due and payable on e11 of the Benda, including mandatory sinking fund redemption payments, on the next Interest Payment Date. On each Int erect Payment Date the Fiscal Agent shall pay from the egad Service Fund to the Owners the amount of principal and interest on the Bonds due and payable, including mandatory oinking fund redemption payment e, on each Interest Payment Date. The Fiscal Agent shall transfer any monLee remaLning in the Bond Service Fund when there ere no longer Bontls Out standing, to the Special Tax Fund. SECTION 1B. Reserve Funtl. There shall be maintained in the Rees n•e Fund an amount equal to the Reserve Requirement. Monies to the Reserve Fund shall be used solely Eor the purpose of paying the print lpnl of and lntereet on the Hands in the event that the monies Ln the Bond Service FunC are lneuff iclent therefor, the Fiscal Agent shall withdraw from the Reserve Fund, for deposit In the Bond Service Fund, monies necessary for such purpose. Notwithetanding anything herein to the contrary, en July 1, or the first Business Day the reefter if July 1 is not a Business Day, of each year, if the amount on deposit in the Rasezve Funtl ie lees than she Reserve Requirement ae a result of a transfer of funds from the Raeerve Fund to the Bond Service Fund oY a lose on the Lnvestment of the Reserve Funtl, the Flecal Agent shall transfer to the Reesrve Fund from the first evniLebLe monies in the Special Tax Fund an amount necessary to inctedee the balance therein to the F.eaerve Requirement. If on July 1, or the first easiness Day thereafter if July 1 ie not a Business Day, of each year, the amount on deposLt in the Reserve Fund is in excess of the Raeerve Requirement, the Fiecel Agent she 1J. t ranefer such excess to the Bontl S~ twice Fund. Monlea in the Aeeerve Fund shall be tYanefe[i ed to the Bontl Servlca Fund on the final maturity of the Bonds and used to pay tha. principal of and lntereet on the last Outstanding maturity of the Bonds, SECTION 19. Refunding Fund. (al within the Refunding Fund, the Fiscal Agent shall eetaClieh the following accounts: (1) Refunding Account; and (2) Coate of Issuance Account 30 (b) Tie Fiscal Agent shall diebu ree money from the Costs of Issuance Account on such dates and in such amounts ae are necessary to ,ryy Coate of Issuance, in each case in accordance with a Payment Request Form in nubet ant Tally the form attached hereto ae Exhibit "A" and incorporated herein by this reference, together with invoices therefor. Any amounts remaining on deposit in the Costs of Zeauance Account on the earlier of the date on which the District has notified the FLeca1 Agent in writing thnt all Costs of issuance have been paid or one year after the tlate on which the Bonds aze delivered nha 11 be transferred to the Rontl Service Fund. (c) The Pis cal Agent shall disburse monies from the Refunding Account to pay the Refunding Co stn pursuant to the Eeerow Trvst Agreement. (d) Coate of Is euance may be paid directly to the person, corporation or entity ant p led to payment hereunder and nametl as payee on the applicable Payment Request Form. Notwit hetand ing anything herein to the contrary, the Fiscal Agent may rely on an executed Payment Request Form as complete authorizat i.on for any payment e. SECTION 20. Ez<eee Earnings Fund. There is hereby createtl, to be held by the Treasurer, ae a eeparnte fund diet inct from other fu nde and accounts held by the Treasurer antler this Zndentuze, the Exceee Earn inge Fund. The Dietri<t shall cause to be calculated Excens Earnings in accordance with the Rebate Certificate attached hereto as Exhibit "C^ and incorporated herein by thin reference, and shall cause the payment of Exceee Earnings held Sn the Exceee Earnings Fund to the Un itetl States of America in accordance with the Rebate Certificate. Notwith et ending the foregoing, the Rebate Cert if irate, Lncluding the method of computing Exceee Earnings, may be modif led, in whole uz In part, without the consent of the owners of the Bonds, upon receipt by the District of an opinion of Counnel to the effect that such modifica- tion nhall not adversely affect the exclusion from groan income of interest on the Do rde than Outetand ing. SECTION 21. nontl Aetlempt ion Fund. The Bond Redemption P~md 1e hereby astabliehad, which Fund shall be held end admin ietezed by the Fiscal Agent. Noniee deposited Lnto the Bond Redemption Fund shall be set aside and used solely for the purpose of redeeming Bonds ae directed in writing by the District antl Ln accordance with Artic'_e IV hereof. Following the redemption of any Bonds, if any eu rplun remains, eeld surplus shall be transferred to the Special Tax Fund. All monies received by the Treasurer which represent the prepayment of Special Taxes shall b¢ deposited in the Redemption Funtl. Monies representrng such prepayments of Special Taxes shell De invested only in Government Obligations and shall be uCilized to redeem Ronde at the earliest pzact.icable redemption dot=. 11 SECTION 22. Invest me nt of Fu ode. Unless otherwise specified Sn this Indenture, monies in the Special Tax Fund, Bond Service Funtl, Reserve Fun? and Redemption Fund shell be invested and reinvested In Authorized Investments as herein defined. obligations pu rchaeed as investments of moniee in any fund or account In which lnveetments are authorized ehali be Seemed at all times to be a part of such Eund or account. Any income realized on or losses result log from such investments shall be credited ar charged to the Fund or Account from which such investment was made; provided, however, (i) investment earnings on all amounts in the Exceee Earnings Fund shall be deposited therein, and (ii) all other lnveatment earnings shall be deposited In the Special Tax Fund. Subject to the restrictions set forth in Section 20 hereof, the Fiscal Agent shall sell at the beet price obtainable or present Eor redemption any ob ligatlone eo purchased whenever it may be necessary to do so Sn order to provide moniee to meet any payment or transfer for such funds and accounts oz from such footle and accounts. For the purpose of deter- mining at any given time the balance in any fund or account, any each investments conetit uting a part of such fund and account shall ba valued at their orlg lnal coat. Notwithetand Sng anything herein to the contrary, the Flecnl Agent shall not be reeponelble for any lose from any lnvestmente authorl zed pu reuant to this Indenture. ARTZCGE IV. REDEMPTION SECTION 23. Notice of Redemption (a) NOTICE, RY NAIL TO BONDHOLDERS: Tlie FLecal Agent shall, at beat thirty (30) days but not more than sixty (60) days prior to the date of redemption, mail notice of intended redemption, by firet- clasa mail, postage prepaLd, to the respective registered Owners of the Bonds at the addressee appearing on the Bond registry books. The notice of redemption shell: (1) state the redemption dote; (2) state the redemption price; (3) state the bond regletratlon numbers, dates of maturity and CUS IP numbers of the Bonds to be redeemed, and In the case of Bonds to ba redeemed Sn part, the respective principal port lone to he redeemed; provided, however, that whenever any call includes all Bootle of a maturity, the numbers of the Bonds of ouch maturity need not be stated; (4) require that such Bonds be surrendered at the office of the PLacel Agent in San Francisco, California; (5) require that the form of assignment endorsed on the ponds be duly executed in blank; (6) give notice that further interest on such Bonds will not accrue after the designated rstlempt ion date; (7) the date of the issue of the Bcntla as originally Saeued; (R) the date of interest borne by each Bond being redeemed; and (9~ any other descr ipt [ve lnforma- tlon nestled Co ldent ifs accurately the Bonds being redeemed. 12 (b) ADDITIONAL NOTICE: In adtllt ion Co Che ^otlce of redemptron given pursuant to Paragraph (a) above, further notice shall be given by the ^iscal Agent ae set out below, but no tlefect in said further notice nor any failure to give all or any portion of ouch fu tther notice shall in any manner defeat the effectiveness of a call for redemption if not Lce thereof is given ae above prescribed. Each Eu rther notice of red empt Lon shall be sent et leant 2 days before the notice of redemption is mailed to the eondholdere pureu ant to Section 23(a) by registered or ce rtif led mall or over- night delivery service to the reg,iatered securities depoeLtoriee 1letetl Delow which are then in the bueiresa of hoiding substantial amounts of obllgat Lo ns of types com pcieing the Bcnds as shall be apecif ied by the District to the Fiscal Agent and to the national information services lint ed below that disseminate notice of redemption of ebligat ions similar to the sonde or, in accordance w Lth the then-current gu idelLnee of the oecuritlee and exchange Commies ion, each other securities depw stories and services provid- ing information on called bonds, or no such securities depoelto- riea and eetvic ea, ae District mey designate in a ce rt if lcate of Che Authorizetl Representative of the District deilvet ed to the Fiscal Agent. Registered Securit Lee Depoaitociea Muni Reorganization Manager The Depository Tru a[ Company 711 Stewart Avenue Garden city, New York 11530 Te lecopy: (516) 227-4039 oc 4!90 Midwest. Securities Tru et Company Capital Structure a-C8i1 Notification 440 North LaSalle Street Chicago, Illinois fi0fi 05 Telephone: 1,J12) 663-2143 Philadelphia Depos story Trust Company Reorganizat ton Division 1900 Harket Street Philadelphia, penneylvania 19103 Accent ion: Band Depertme nt Telecopy: (215) 496-5050 National Information Services Financral Information, Inc.'e Daily called Bond Service Attention: Editor 70 Montgomery Street, 10th Fl onr Jersey City, New Jersey 07702 Kenny Information Services' Called Bond Service 55 Broad Street, 28th Floor New York. New York 10004 13 Mcody•a Mu ni cipale and Governments 99 Church Street, 8th Fioor ~ New York, Mew York 10007 Attention: Municpxl News Reports Standartl and Pcor'e Called Bond P.ecord 25 Broadway, 3rd Floor New York, New York 10004 (c) FAILURE TO AECEI VE NOTICE: So long ae notice has Ceen provided as set forth above, the actual receipt by the Owner of any Bond of notice of such redemption eha 11 not 6e a condition precedent to redemption, and failure to receive such notice shall not affect the val Shcty of the proceedings for retlemption of each Bonds or the cessation of interest on the tlate Eix ed for rademot to n. (d) CEATIFICP.TE OF GIVING NOTICE: The notice ar notices required by this 5ectlon shall be given by the FS ec al Agent. A cart Lf is ate by said Fiscal Agent that notice of call and redemption has been given to the regieteretl Owners of the Bonds as herein provitletl shall be conclusive ae against all parties, and no Owner who ee Bontl is calletl for redemption may object thereto, or object to cessation of interest on the redempt Lon date, 6y any claim or snowing that he faLletl to receive actual notice of call and retlemption. SECTION 24. Effect of Redemption; Selection of Bonds; Notice to Fiscal Aoent. When notice of redemption has been given substantially as provided for herein, and when the amount necessary Eor the retlemption of the Bonds calletl fo[ redemption is set settle for that pu [pose in the Redemption Fund, as provided for heroin, the Bonds tlee Lgnated for redemption shall become due and payable on the date fixed for redemption thereof, and upon present atlon and euxrentler of said Ronda at the place specified in the notice of redemption, with the form of ass Lgnment entloreetl thereon executed in blank, ea Ld Ronde shall be retleamed and paid at the redemp- tion price out of the Redemption Fund and no interest will accrue on such Bonds or portions of Bootle called for redemptLon after the redemp- tion date spec Lf Sed In Bald notice, and the owners of such Bonds eo called Eo• redemption after each redemption tlate shall look for the payment of pr inclpal and premimn, if any, of such Bonds or portions of Sonde only to said Redemption Fund. All Bonds redeemed shall be cancelled forthwLth by the Fiscal Agent and shall not be reissued. Vpon surrender of sonde redeemed ir, part, a new Bond or Bo ode of Che same maturity shall be registered, authent Lcated and delivered to the registered Owner at the expense of the Dietrictr In the aggregate principal amount of the unredeemed portion. All unpaid interest payable at or prier to the date fixed for redemp- tion shall continue to be payable to the respective rag istered Owners of such Bonds or their order, but without interest thereon. 16 In the event the District eha 11 elect to redeem Bonds ae provided in Section 25, the Gist rict shall give written notice to the Fieeal Jgent of ire electlcn so to redeem, the redemption date and the princ!pal amount of the Bonds to be redeemed. The notice Co the Fieeal Agent e hall be given at least 60 but no more than 90 days prior to the redemption date or euch shorter period ae shall be acceptable to the Fiec al Agent. Tf lees than all of the Bonda Outetand i.ng are to be todeemedr the portion of any Bond of a denomination of more thnn 55,000 to be redeemed shall be in the principal amount of $5,000 or a mu It iP le thereof, and that, in selecting oortiona of euch Bonds for redemption, the Fiscal P.gent shall treat each euch 0ond ae representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of euch Bond to be redeemed in pact by 55,000. The Fiscal Agent shall promptly not Lfy the ^Lstrict in writing of the Bonds, or portions thereof, selected for redemption. SECTION 25. Redemption Prices and Terms Of Bonds. The provisions Of redemption for the Bo nde shall be ae follows: OPTIONAL AEOEMPTION: All Bonds maturing on or after August 1, may be redeemed prior to maturity at the option Of the District from any source of funds on any Interest Payment Date commencing August 1, _ as a whole or in part Sn inverse order of maturity and by lot within a single maturity at the following redemption prices, expressed ae a percentage of the principal amount thereof, together With accrued interest to the date of redemption: Redemption Dates Redemption Price Auquet 1, and February I, 103P Augu et 1, and February 1, 1028 Augue[ 1, and February 1, 1018 Auquet 1, and thereafter 1008 h'ANDATORY 52 NI(ING FVND REDENPTION: The Bonds maturing on August 3, _ are sub}ect to mandatory retlem ptlon prior to their maturity at a redemption price of 1008 of the principal amount thereof to be redeemed plus accrueA interest thereon to the redemption date, without premium, on each August 1, conmencing Auquet 1, in the principal amounts and on the scheduled mandatory redempt Lon dates ae follows: Redemption Oates Principal August 1) Amount 15 The Bonds maturing on Augu at 1, are eubj act to mandatory redemption prior to their maturity at a redemption price of 100Y of the pri ~ipa1 amount thereof to be redeemetl plus accrued interest thereor. to the redemption tlate, without premium, on Bach August 1, commencing August in the principal amounts ana on the scheduled mandatory redemption dates as follows: Aedemotion Uatee Pr inc ipol (Augunt 1) Amount MANCATORY REDEMP^_TON FROM PREPAYMENTS: The sonde are subject to redemp- tion prior to their et aced maturities from proceeds of prepayments of Spec tai Tax ea on any Interest Payment Dete, in whole, or .tn part in inverse order of maturity and by lot within n slog le mntu rlty, at a redemption price ae set forth below (expressed ae a percentnge of the princLpal amount of the Bootle to be redeemed), plus arc rued Lntereet thereon to the redemption date. Redemption Dates Redemption Prices On or prior to February 1, August 1, or February 1, .Au gu e< 1, or February 1, August 1, and thereafter SECTION 26. (Reserved). ARTICLE V. DEPOSIT OF PROCEEDS SECTION 27. Bonds Proceeds. (a) Upon the receipt of the proceeds Erom the original Bale of Bonds and any accruetl intoreet thereon from November _ 1993, to the Delivery Date thereof, the Fiscal Agent she 11 eat aside and deposit or cause Co be deposited the proceeds and accrued interest in the following respective funds or accounts, In the following order: ~1) An amount equal to S (representing accrued int ere et in the amount of $ and capitalized interest in the amount of $ 1 shall be placed in the Bond Service Funtl; (2) An amount equal to 5 shall be placed in the Reserve Fund; 1G (3; An amount equal to $ shall be placed in the Refunding Account of the Refunding Fund; ~ (4) After making the deposits required above, all remaining Band proceeds shall be deposited rn the costa of le euence Account of the Refunding cond. ARTICLE VI. SUPPLEMENTAL INDENTURES SECTION 29. Amendments or Supplements. The Lepislat ive Body may, by adopt Lon of a zeso lot ion from time to time, and at any time, without notice to or consent of any of the Bontlholdere, approve a 5upplemsntal indenture hereto for any of Che following purposes: (a) to cure any ambigu lty, to correct o: eu pplement any prow le ion here ir, which may be inconsistent with any other provision herein, or to make any other prov ie ion with respect to matters or qu eetlone arising antler this Indenture or in any Supplemental Indenture, provided that such action shall not adversely affect the interssts of the Bondholders; (b) to add to the covenants and agreements of and the limitations and the reetr ictione upon the District contained Ln this Indenture, other covenant e, agreements, lim itatione antl re etrictlone to be observed by the District which are not contrary to or inconeietent with thin Indenture ae theretofore in effect; (c) to modify, alter, amentl or ea pplement this IndenW re to preserve the exclusion of Interest on the Bonds from gross income for pu rpoees of federal income taxation or in any other respect which is not adverse to the Interests of the Bondholders; or (d) to set ablish the terms and conditions cf the issuance of Addi- tional Bonds ae perm Ltted by section ]2 of this Indenture and to orovide the terms and cond it Soon under which each Additional Bonds may be issued. Exclusive of the Supplemental Intlenturee providetl for in the Elret paragraph of this Section 28, the Owners of not less than 609 in aggre- gate principal amount any series of Bonds then Outetandinq shall have the right to consent to and approve the adoption by the Diettlet of each Supplemental Indentures ea shall be deemed neceesnry or tleairebie by the District Ear the purpose of wa l.v ing, modifying, aLtaring, amending, adding to or rescinding, in any particular, any of the terms or Provisions contained in thte indenture with respect to such Settee; provided, however, that nothing h?rein shall permit, or be construed se permlttLng, (a~ an extension of the maturity date of the print ipal of, or the payment date of interest on, any Bend, (b) a reduction in the principal amount of, or redemptior. premium en, any Bond or the rate of int eresC thereon, (c~ a pre Ee rents or priority of any Bontl or Bonds 17 over any other Bond or Bonde, (d) a reduction in the aggregate pr incipai amount of the Bonde the Owners of which are raga irltl to consent to ouch resolution or order, without the consent cf the Owners of all Bonde then outer ending, or !e) cress ing of a pledge of or lien or charge upon the Net Special Taxes superior to the pledge provided for in Section 3 hereof. If at any time the District shall desire to approve a Supplemental Indenture, which pursuant to the terms of this Section 28 shall require the consent of Bondholders, the District shall sv notLfy the Fiscal Agent and shall deliver to the Fiscal Agent a copy of the proposed Suppiemental indenture. The Fiscal Agent shall, at the expense of the District, cause notice of the proposetl Supplemental Indenture to be mailetl, postage prepaid, to all Bontlholdere at their addresses ae they appear in the bond register. Such notice eha 11 briefly set forth the nature of the proposed Suppiemental Indenture and shall state that a copy thereof le on file at the principal corporate trust office of the Fiscal Agent for inspection by all Bondho_dere. The failure of any Bondholder to receive such notice shall not affect the validity of each supplemental In de ntura when cones nt ed to and approved ee in this Section 28 provided. Whenever at any tLme within one year after the date of the first mall ing of au ch not Lce, the Faecal Agent she 11 receive an instrument or Snet rumente pu rporting to be axecut ed by the Owners of noC lase then boa in aggregate principal amount of the Bonde then Outstanding, which Lnet rument or inetrumente shall refer to the proposed Supplemental Indenture described in such notice, and eh all epeciflcally consent to the approval thereof by the LegLelat Lve Body eubatantially Ln the form of the copy thereof referred to !n such Not Lce ae on file with the Fiscal Agent, eu eh proposed Supplemental Indenture, when duly approved by the Legielat lve Body, shall thereof tar become a part of the proceed zng6 far the issuance of the sonde. In determining whether the Owners of 60a of Lhe aggregate principal amount of the Bonds have consented to the approval of any Bupplemental Inden- ture, Bonds which are owned by the DLetrict or by any person directly or indirectly controlling or conT.rolletl by oc under the direct or indirect common control with the Diat rlct, shall be die regarded end shell be treated ae though they were not out etendinq for the purpose of any such determiner ion. upon the approval of any Supplemental Indenture hereto and the receipt of consent to any such Supplemental Indenture from the Owners of the appropriate aggregate principal amount of Bonds in instances where each consent ie required pursuant to [he provisions of this Section 28, this indenture shall be, and shall be deemed to be, modified and amended !n accordance therewith, antl the re epective rights, duties and obligat tuna antler this Indenture of the District and all Owners of 0onde then Outetand ir.q shall thereafter be determined, exercised and enforced here- under, vubject in all respects tv each mod if icatione and amendments. Notw ithetand ing anything here Ln to the contrary, no Supplemental Inden- ture shall be entered into which would modify the duties of the Flecal Agent hereunder, without the pr for written consent of the Fiscal Agent. 30 ARTICLE VII. EIS CELLANEOUS CONDITIONS SECTION 29. Ownership of Bonds. The person Ln whose name any 9ond ahsll be regis- tered shall be tleemed and regarded ae the absolute Owner thereof foz all purposes, and payment of or on account of the principal and redemp- tion premium, if any, of any such flood, and the interest on any such Band, shall be made only to or upon the order o£ the registered Owner thereof or his legal repreeentat Lve. All such payments shall be valid antl off?dual to satisfy and diecha rge the iiablllty upon each Ron d, Snclutling the redemption premium, if any, and interest thereon, to Ghe extent of the sum oz sums so paid. SECTION 30. Mutilated, Lost, Oeet royed or Stolen Bond e. If any Hond shall become mat Llated, the Fie cal Agent shall authenticate end deliver a new Bontl of like tenor, tlate and maturity in exchange and sub atltut ion for the Bond so mutilated, but only upon eurrentler to the Fiscal Agent of the bond eo mutilated. Every mutilated Bond so suers ndered to the Flacal Agent steal. be cancelled. If any Band shall 6e lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiocal Agent and, if each evidence is satisfactory to the Fiscal Agent and, if an indemnity eaiiefactory to the Fiocal Agent shall be given, the Fiocal Agent shall authenticate and deliver a new Bond of like tenor and maturity, numbered and dated as the Fiscal Agent shell determLne in lieu of and in substitution for the Bond so lost, destroyed or stolen. Any Hond issued under the provisions of this Section 30 in lieu of any Bond alleged to have been lost, destroyed or stolen shall be equally and proportionately entitled to the benefits hereof with all other Bonds secured hereby. Tne Fiscal Agent shall not treat both the original Bond and any replacement Bond as being Outstanding for the purpose of determining the principal amount of Ponds which may be executed, authenticated and delivered hereunder or for the pu rpoee of determining any percentage of Bonds outetantling hereu ntle r, but both the original and replacement Bond eha 11 be treated ae one antl the same. SECTION 31. Cancellation of Bonds. All Bonds paid or redeemed, ell her et or before maturity, shall be cancellatl upon the payment or redemption of each Bootle and snail be delivered to the Fiocal Agent when sash payment or redemption is made. A11. Bonds cancelled under any of the provisions of this indenture shall be destroyed by the Fiocal Agent, which shall execute and provide the District with a certtf icate of destruction. SECTION 32. Additional Bonds. Zt at any time the Legislative Body determ Lnee that the Oietr ict will not have euff iclent monies available from other e ourcee to pay the coats of the ronetruct ion or acquleLtlon of the Public Facilities, the Leglsiat ive ^ody, on behalf of the District, may provide for the issuance of and sell Additional Bands in such pcincipal amount as it estimates will be needed far such purpose, subject to the following conditions precedent to such Bale: (a~ The amount of such Additional Bonds, when comb Lned with previously ieeu ed Bootle, sha!.1 not exceed the amount authorized Eor the bast rict, which amount ie 520,2:5,000.00. 19 (b) The District shall be fir. <ompl fiance with all covenarta set forth in this Indenture. + (c) A certificate of the City Manager, oz hie of her designee, demon- strating that the Net Taxes which are capable of being levied or received by the District beeed upon the then taxable property in the District and at Special Tax rates not exceeding the authorized maximum Special Tax rates, is at lea e[ equal to one hundred and ten percent (1108) of the Maximum Annual Debt Service on all Outstanding Bonds subsequent to the issuance of the Additional Bonds. (d) The Additional Bonds shall be on such terms and conditions ae may be set forth in a Supplemental Indenture duly adopted by the Legi~- lative Body, which eha 11 provide that (i) such Additional Bonds shall De issued substantially in accordance with the terms of this Indenture, (1!) such Additional Bonds eh all not have a final maturity date prior to the final maturity of any previous ly fie sued and outstanding Bonds; and (iii) a portion of the Additional Bond proceeds ehail be depoe i[ed into the Reserve Funtl in an amount sufficient, together with the balance of the Reserve Pund, to equ ai the Remerve RequLrement on all outer andsng Bonds. SECTION 33, parLty of Bonds. If Addlt ional Bontle are authorized and issued, the eo nds and the Add Lt ional Bonds shall be on en equal pa city, and the owners thereof shall be en[it letl to share equally in the proceeds of any Special Taxes, end neither the Bonds nor the Addlt tonal Bonds eha Ll have a priority position to any Special Taxes. SECTION 34. Covenants. Aa long as the eontls are outatantling end unpaid, the District stall (through itn proper members, office re, agents or employees) faithfully perform, or cav en to be performedr end abide by all of the covenants end agreements set forth in this Section for the benefit of the Bondholders which covenants end egzeemente ere hereby deemed neceaea ry, convenient and des treble to secure the Banda and will tentl to make them more marketable; provided, haweverr that said covenants do not requ Lre the District to expend any funds other [hen the Net Taxes. (a) The District will review ens publ Lc records of the Issuer Ln connection with the collect ton of the Special Tax not later than Au gu et 1 of each year to determine the amount of Special Tax coliected in the prior Fiscal Yeac; and if the amount eo collected fie lees than ninety five percent (958) of the amount of the Special Tex levied Sn such Fiscal Year, District will Lnet Stute foreclosure praceetlinge not later than the succeeding November 1 es authorized by the Act in order to enforce the lien of the delLn- quent inetallmente of the Special Tax against each separate lot or parcel of land in the Diat riot and will diligently prosecute and pursue such £orecloeure proceedings to judgment Bale. Inlt iatton of such forecloau re proceed inge may he tleter red if the amount on depoe it in the Reserve Fund is maintained flt a level at least equal to the Reserve P,equ Lrement. 20 (b) The District shall preserve and protect the security of the sonde and the rights of the Bondholders and defend their rights a~ainet all claims and demands of all persona. Until each time ae an amount has been set aside euffic Tent to pay Outstanding Bonds at maturity or to the dote of redemption if redeemed prior io matu- rity, plus unpaid interest thereon and premium, Lf any, to maturity oY to the date cf redemption if redeemed prior to maturity, the District will faithfully perform and abide by all of the covenants, undertakings and provisions contained in thLe Indenture or in any Bond ie sued hereunder. (c) The District has dll Lgently carried out to completion with all practical dispatch, the acquie it ion or conettuetion of the Fublic Facilities financed with the proceetle of the Refunded Dontle in accordance with the Act and the proceedings for the formation of the Dietr!ct antl in a 'sound and economical manner. The Public Facllit iee acquired or constructed may be modified as provided in the Act, but no motllflc at ion will be made which would eubatan- tially impair the security of the Bonds oz the rights of the Bond- holders. The District will maintain Che Public Pac ilitiea in accordance with customary and reasonable malntenanee and repair practices for such Eac ll it lee. (d) Except ae otherwise permitted herein, the District will not issue any obligations payable, principal or interest, from the Net Taxe¢ which have, or purport to have, any lien upon the Net Taxes superior to or on a parity with the lien of the Bonds herein autho- rized; provided, however, that not sing Sn this Indenture shall prevent the District Ezom issuing and selling, pursuant to law, refunding bonds oc other ref and ing obligatlone payable from and having a first lien upon the Net Taxes on a purity with the Outstanding Bonds, if such refunding bonds or other refunding obllgaC ions are ie eu¢d for the pu rpoee ofr and are Buff Scie nt for the purpose of, refunding all of the Bonds authorized by thin Indenture and then Outstanding. (e) The District will duly antl punctually pay or cause eo be paid the principal of and interest on each of Che Bonds Seeued hereunder on the date, at the place and Ln the manner prow Lded 1n eaitl Bonds, solely from the Net Taxes and other fu nde as may be herein provLded. (f) The Legislative Body will each year levy the Special Tex described in ordinance No. 263, to the extent n¢ceeeary and permitted by the M[ and these proceed Inge in order to yield the requ Sred debt service payments antl to re pl en ieh the Bond Reserve Pund ae provided for herein. (g) The District will et all times keep, oc' cause to be kept, proper and cu rrent books and accounts !separate from ell other records and account a) In which complete and accurate entries shall be mode of all transactions relating Lo the acqu ialtion or construction of the Public Pacil it iee, the refunding of the Refunded Bonds and the Spec lal Tax revenues and other funds herein provided for. 21 (h) The District shall neither authorize nor permit advance paymp~t of any epeciel tax obllgat ion eo as to impair the security for the Bonds. (li The District will not directly or indirece ly use or permit the use of any proceeds of the Bonds or any other funds of the District or take or omit to take any action that would cause the sonde to be "private activity bonde^ within the meaning of Section 141 0£ the Cade, or obligntlone which are ^Feaeraily guaranteed" within the meanin5 of Section 149(b) of the Code. The District will not allow five percent iib) or more of the proceeds of the Bonds to be used in Lhe Crade or business of any non-goverrunental unite and will not loan five lx rcent (SR) or more of the proceeds of the Honda to any non-governmental unite. The District covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the Lntereet on the Bonds under Section 1D3 of the Code. The Dletrlet will not directly or Indirectly use or permit the ue¢ of any proceeds of the Bonds or any other funds of the Dietrlct, oc take or omit Co take any action, that would cause the Bonds to be ^arb itrage bonde^ within the meanLng of Section 148(a) of the Code. To that end, the District will comply with all requlr¢mente of Section 16B of the Cotle to the extent applicable LO the Bonds. In the event that at any time the District ie of the opinion that for purposes of thla Section It ie necessary to restrict or limit the yield on the investment of any monies heltl under this Indenture or othe rw Lee the Dl.etrlet shall so inet ruct the Treasurer in writing, and the Treasurer shall take ouch action ae may De necessary In accordance with such instruct ions. Without limit ing the generality of the foregoing, the District agrees that there shall be paid from lime to Cima all amounts required to be rebnted to the United St etee of America pursuant to Section 14B(fi of the Code end any temporary, proposed or final 2reaeury Begulatlone es may be applicable to the Bonds from time to time. Thle covenant shall survive payment In full or defea- eance of the Bond e. The District epecif ically covenants to pay o[ cause to be paid to the United States of Ametica et the times and in the amounts determined under Section 20. Netwithetand Lng any provie ion of this Seet Lon, if the Dietrlct aha11 Provide to the Treasurer an opinion of Counsel to the effect that any action required under this covenant ie no longer required, ur to the effect that some Eu rther ncGion le required, to maintain the exclusion front gross income of the interest on the Bonds pursuant to Section 10J of the Code, the Treasurer may rely conclusively on such opinion ir. complyino with the provisions hereof, and the covenant hereunder shall be de¢med to be modif led to that extent. 22 (j) The District eha 11 do and perform or cacee to be done and performed all acts antl things required to be done or perforllkd by or on be ha LE of the District under the provisions of this Inden- ture. The Dfetr act warrants that upon the date of execution end delivery of the Bonds, the conditions, acts and things required by :aw and this Intlenture [o exist, to have happened and to nave been performed precetlent to and In the execution and delivery of euch Ronde do exist, have happened and nave been performed and the execution and delivery of the Be rde shall comply In all roe peers with the applicable laws of the State. (k) The District shall not direct Ly or indirectly extend the maturity dates of the sonde or the time of payment of interest with respect thereto. NothLng herein shall be deemed to limit the right of the District to la sue any aecuritiee for the pu rpoea of providing funds for the redemption of any or all of the Ronde and euch issuance shall not be deemed to constitute an exteneton of the maturity of the Ronde. SECTION 35. Arbitrage Cert if LC at e. On the basis of the facie, estimates end circum- stances now to exi etence and Ln existence on the dote of Leeue of the Bond e, ae determined by the Treasurer, ea id 2reaeurer Se hereby autho- rized to certify that it Le not expected that the proceeds of the Bonds will be used in a manner that would cause the Ronde to be Arbitrage bond e. Such tort if ication shall be delivered to the purchaser together with the Bonds. SECTION 36. Defeaea r,ce. The right, tLtle and interest of the Fiecel Agent end Owners in and to this Intlenture antl the Eund e, eccou me and eubattvunte created by this Indenture eha 11 cease, to rminate end become void when: (a) (1) the 0onde secured hereby have become due and payable in accor- dance with the lr terms or otherwise ae provided in this Inden- ture, antl the whole amount of the principal and the interest antl premium, if any, eo due and payable upon all Ronde hove Deen pa Ld or (2) Lf the Faecal Agent holds money oz non-callable Government obligations, or n combination of bothr that ere Buff LCient in the aggregate to pay the principal of, and the interest and redemption premium, if any, on all Ronde then Out at ending to the maturity date or dates of euch Bootle or to the date or dates epecif Sed for the redemption thereo E, and lE the Ronde ere due sad payable by reason of a call Eor redemption, irrevo- cable lnatructions to tali the Bands for redemption shall have been given by the Diet rict to the Fiscal Agent, and (b) Saff is ie nt funds shall also have been provided or prow ision made for payinu all other obligations payable hereu ntler by the District. Notwithetantling the foregoing, the Fiscal Agent shall retain euch right e, powers and privileges under this Indenture ae may be necessary end convenient In respect of the ^onde far the peymsnt of the prLncipal, interest and any premium on which euch money and Government ODligatLone have been depoe Lt ed. 23 All money and Government obllgations held by the Fiscal Agent pureu ant to this Sectior. shall be held in trust and applied to the payment? when due, of the Bontla and obllgations payable therewith. For purposes of this Sec tics 36, Government Obligations ahail be deemed to be sufficient to pay or redeem Bonds on a specified date if the Fiscal Agent receives a verification report of a nationally recognized independent ca rt Sfled publle accountant retained by the Dlatr ict deter- mining that the prLncipal of and the interest on such Government 0611ga- tione, when tlua, will be sufficient to pay on such date the on nc ipal of, and the premium, if any, and interest due on sash Bonda on each date. SECTION 37. Fiscal Agent. Bank of America National Tru et and Savings Aeaoeiat ion ie hereby appointed end designated the ae Fiscal Agent for the Bonda. The F'i seal Agent le hereby authorized to and shall mail interest payments to the Bondholders, select Bonda for redemption, glue rot ice of redemption of Deeds and maintain the Bond Aeg Teter. The Fiscal Agent ie hereby authorized to pay the principal of and premium, if any, on the Bonds when the same are duly presented to it for payment at meta rlty or on call and redemption, to provide for the regiet ration of transfer and exchange of 0ontle presented to it Eor such purpose e, to provide for the cancellntion of Bonda all ae provided In this Intlen- ture, and to pcovlde for the authentication of Bond e, end eha 11 per Eorm all other duties assigned to or imposed on It as provided in this Indenture. The Flecal Agent shall keep accurate records of all Bonda paid and tliecharged by it. The Dietr ict shall from time to time, subject to any agreement between the Bistrlct and the Fl seal Agent then In force, pay to the Fiscal Agent compensation Ear Lts services, celmburee the Flecal Agent for all !te advances and expenditures, including; but not 1!mitetl to, advances to and fees and expenses of independent accou ntante or counsel employed by it in the exerc is? and performance of its powers and duties here- under, and indemnLfy and cave the Fiscal Agent ha rm lees age Ln at expenses antl llabilit lee not aria leg from its own negl lgence or willful misconduct. which It may Incur in the exercise and performance of lte powers and duties hereunder. The District may at any time at its sole dlecretion remove the Faecal Agent Sn it tally appointed, and any successor thereto, by delivering to the Fiscal Agent a written notice of its decision to remove the Fleca~. Agent and may appoint a oucceeeor or eucceeeore thereto; prov J,ded that any such sac re ssor, other than the Treaeu rer, shall be a bank or tru et company having a combined capital (exclusive of borrowed capital) antl surplus of at least fifty million dollars ~550,000~000 ), and subject to s-u pervision or examination by Fe tleral or State authority. Any removal shall become effective only upon acceptance of appointment by the successor Fiscal Agent or [he Treasurer. if any bank or tru et company appointed as a eucce se or publishes a report of condition at least annually, pursuant to law or to the regiiirements of any eupervis ing or examining authority above referred to, r,hen for the purposes o.f this Section the combined capital and surplus of each bank or tru et company shall he deemed to be its combined capital and surplus ae set forth in its most recent report o[ coed Lt.Ian so pu bliehed. 24 The Fiscal Agent may at any time ree ign by giving written notice to the ^Setrict and by giving to the owners notice of such raeig not ionY wh ich notice shall be mailed to the owners at their addressee appearing In the registration books In the office of the Flecni Agent. Upon receiving such notice of raeignat ion, the District shell promptly appoint a successor Fiscal Agent by an instrument in wr It ing. Any resignation or removal of the Fiscal Aee nt and nppoiniment of a successor FLecal Agent shall become effective only upon acceptance of appointment by the eucceseor Fiscal Agent. SECTION 38. Liability of Fiscal Agent. The recitals of fact and all promises, covenants and agreements contained herein and in the Bonds shall be taken ae statement e, promlae e, covenants and agreements of the issuer or District, and the Fiscal Agent aeaumea no reeponeibil ity for the correctness of the same and makes no repress orations ae to the validity or euff iciency of this Indenture oz of the Bond e, and shall incur no ree ponsibil ity In respect thereof, other than In connection with its dutiee or obligatlone herein or lr. the Bonds or in the certificate of authentication in the Bonds. The Fiscal Agent shell ba under no responsibility or duty with respect to the issuance of the 0onde. The Fiscal Agent shall not be liable in connection with the performance of its dutiee hereunder, except for its own negligence or default. The Fiscal Agent shall be protected in acting upon any notice, reeo Lut ion, request, consentr order, certificate, report, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Flecnl Agent may consult with counsel, who may be counsel to the District, with regard to legal questions, and the opinion of such counsel shell be full antl complete authorization and protection in respect of any oat ion taken or suffered hereunder in good fe lth and in accordance therewith. Th¢ Flecal Agent shall not be bound to recognize any person as the chwner of a Bond anises and until ouch Bond ie eubmiited for inspection, if required, and hie title thereto eat iefactorlly eeta6i lehed, Lf disputed. Whenever Ln the edminietratlon of ice dutiee under this Indenture, the F Leca1 Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering nny net ion here- untler, each mat tax ~unleee other evidence in respect thereof be herein spec lfic al ly prescribed) may, In the absence of bed faith on the pert of the Fiscal Agsntr be tleemed to be conclusively pr ovetl and established by a written certi[icate of the Dietrlct, antl such certrfic ate shall be full warrant to the Flecel Agent for any act ion taken or suf tared under. the provisions of this Indenture upon the faith thereof. but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such master or may require each additional evidence of such matter or may require each additional evidence ae to it may seem r¢aeonable. 25 SECTION 39. Authority to Levy special Tax. The Leg ielaiive Hody, on behalf of the Cisirict, shall levy the sortie]. Tax in the manner herein preetYibed pursuant to Ordinance No. 263 to pay principal, interest, premium and ocher periodic coats of administrat io r. of the Honda dse cribetl herein pursuant to the Act. SECTION 40. jReaerved.l SECTION 41. Provisions Conet it ate Contract. The provia ions of this indenture shall cone[ itute a contract between the District antl the 8ontlownere and the provisions hereof shall be enforrea ble by any eontlowner for the equal benefit and protection of all Bondowner¢ similarly situated by mantlamv e, accounting, mantlatory injunction or any other cult, action or proceeding at law oz in equity that ie now or may hereafter be autho- rized under the laws of the State in any court of competent jurisdic- tion. saitl contract ie made under and is to be con et ruetl in accordance with the lawn of the State. No remedy conferred hereby upon any Bondowner ie intended to be exclu- sive of any other remedy, but each such remedy ie cumulative and in sad Lt LOn to every other remedy and may be exercised without exhausting and wit hoot regard to any other remetly conferred by the Act or any other law of the State. No waiver of any default or breach of duty or contracC by any 9ondowner shall affect any eubeequent default or breach of duty or contract or shall Lmpa it any rights or remedies on Bald subsequent default or breach. No delay or omission of any Hondowner to exercise any right or power accruing upon any default shall impair any such right or power shall be cone[ rued as a waiver of any each default or ac qu Seacence therein. Every eubetantLve right and every remedy conferred upon the 8ontlownere may be enforced end exercised as often ae may be deemed exped Len t. In case any eu St, action or proceetling to enforce any right or ezerciee any remedy shall be brough! or taken and the Bondowner shall prevail, saitl Bondowner shall be entitled to receive from the Spec Lel Tax Fund reimbursement foe reasonable costs, expenses, out leye end eCGOrn ey •e fees and should said suit, action or proceed ing be abandoned, or be determined atlvereely to the Bo ndowne re then, and in every such case, the Dtet rict and the Bondownere shall be restored to their former positions, rights and remedies as £f each suit, action or proceeding had not been brought or taken. After the ie euance and delivery of the Bantle this Indenture shall be irrevocable, but shall be eubj set to mad if ication to the extent and in the manner provided Ln this Indentn re; but to no granter extent and in no other manner. SECTION 42. CUS IP Numbers. CUSIP identification numbers will be Smprinted on the Bond=, but such numbers shall not constitute a park of the contract evldencetl by the sonde and no liability shall hereafter attach to the a sorry the District, or any of the off icere or egenta thereof beceuee of or on account of ea ld numbers. Any error oc omteeion with respect to raid numbers shall not con et irate tau ae for refueel by the euccee¢- fui bidder to accept delivery of and pay for the sonde. 26 SECTION 43. Severabi lity. ;f any covenant, agreement or provie ion, or any portion thereo E, contained ir. this Zndencu re, or the application thereof ttT any perecn or ciroumetance, is held to be unconetitut ionel, invalid or uner,fcrceab le, the remainder of this Indenture and the application of any such covenant, agreement or provision, or portion thereof, to other persons or circumetancea, shall be deemed severable and shall not be affected, and this Indenture and the Bonds issued pursuant hereto shall remaLn valid antl the Bontlholdera shall retain all valid rights end benef lte accorded to them under this indenture end the Conatitutlon and laws of the State of California. If the provisions relating to the appoictment and duties of a Fiscal Agent ate held to be unconstitutional, invalitl or unenforceable, said duties shall be performed by the Txeaeurer. SECTION 44. Unc1a!med Money. All money which the Fiscal Agent ahali have recelvetl from any source and set aside Eor the pu rpoae of paying or redeemLng any of the Ronda shall be held In tru et for the reepectlve Owners of such Bonds, but any money which shall be so set aside or deposited by the Fiscal Agent antl which shall remain unclaimed by the Owners of each Ronde for a period of one year after the date on which any payment or reaempt ion with respect to such Bontle shall have become due and payable shall be transferred to the General Fund of the District; piovltletl, however, that the Fiscal Agentr before making each payment, shall cause notice to be mailed to the Owners of such Ronde, by flretclase mall, postage prepaid, and by a single publication in The Pond Buyer not lees than 90 days prior to the date of ouch payment to the effect that said money hat not been cle imed and that after a date nametl therein nny unclaimed balance of ea id money then remaLn ing will be transferred to the General Fund of the District. Thereafter, the Owners of ouch Ronde shall look only to the General Fund of the Diet[lot for payment antl then only to the extent of the amount eo received without any interest thereon. SECTION 45. Nonpreeentment of Bond e. Except as otherwi ee provided in Bectton 49 hereof, Ln the event any Bonds shall not be presented Eor payment when the principal thereof becomes due, if fu nda eufflelent to pay each Bonds shell bu held by the Flecal Agent for the benefit of the Owners thereof, all ilabll lty of the olvtrict to the Owners thereof shall forthwith cease and be completely discharged antl thereupon It shall be the duty of the Flecal Agent to hold each funds (subject to Section 44 hereof, without liabilLty for interest thereon, for the benefit of the Owners of ouch Bond e, who shall thereafter be restricted exclusively to such Funds for any claim of whatever nature on, oz with respect to, such Bontle. ARTICGF. VIII. BOND FORM S F.CTI ON 46. Form of Bontle. The foa-mat of the Bonds as authorized end to be issued Eor these proceedingv shall be eubstantlally in the form ae set Eorih in the attar,hed, referenced and incorporated Exhibit ^B". 27 SECT ICI 47. Temporary Bands. Any Honde Seeu ed under this Indenture may Se initially ieeued in temporary form exchangeable for detin it ive b~bnde. The temporary bonds may be printed, llthographetl or typewtitL en, shall be of such denominet ions ae may be determined by the Issuer on behalf ' of the Dl strict and may contain such references to any of the provi- eione of this Indenture ae may be appropriate. Every temporary Bond e hall be executed and sealed by the Dietr ict in eubetantially the same manner ae provid etl In Section 7 hereof. If the District issues temporary Bonds, St will execute and furnish definitive Honde without delay and thereupon the temporary Borde may be eurrentlered for eancella- tion nt the principal corporate trust office of the Fiscal Agent Ln San Francisco, California, and the District shall deliver in exchange for such temporary Honde an equal aggregate principal amount of definitive Sonde of the same interest raise and maturities. Until eo exchanged, the tempornry Bontle ehnll be entitled to the same benefits under this Indenture ae def in It ive Honda ieeued hereunder. IN HITNESS WHEREOF, the District and the Fiscal Agent have executed this Bond I ndentute effective the date fir et above written. CITY OP RANCHO CVCAHONGA COMMVNITY FACILITIES DISTAIOT NO. H4-1 (DAY CREEE DRAINAGE SYSTEM) Hy: BANK OF AMERICA NATIONAL TRDST AND SAVINGS ASSOCIATION ae Fiscal Agent ey: :H E]CFtIDIT 'A" o PAYMENT REQDEET FORM !Attach duplicate original of payee's statement(s) or invoice(s)) PROCR£55 PAYMENT FCLL/FINAL PAYMENT The Fiscal Agent ie hereby requested to pay from the Community Facillt ire Dietrlct No. 04-1 (Day Creek Drainage System) Corte of Issu once Accoun! of the Refunding Fund estab lie had by the Bond Indenture tlated ae Of March 1, 1992, to the person, corpora- tion or other entity designatetl below as Payee, the sum set forth below such deaigna- tion, In payment of th¢ Cuete of Ieeuance described below. The amount shown below ie tlue and payable under a purchase order, contract or other authorization with respect to the Corte of Ieeuance described below and hoe not formed the basis of any prior request for payment. Payee: Address: Amount: Description of Costs of Issuance or portion thereof accepted by the City of Rancho Cucamonga on beha if of Community Facllit ieB District No. 84-1 (Day Czeek Drainage System), and authorized to be paid to the Payee: Executed 6y Authorized Representative of the City of Rancho Cucamonga on behalf of Community Facilities Dietrlct No. 84-1 (Day Croak Drainage System) Dated: Payment Requ set No. signature: Name: Title: 29 E](HTDIT "B" ~ FOAM OF BOND NO, VNITED STATES OF AMERICA STATE OF CALIFORNIA ^_OMHVNITY FACILITIES DISTRICT 1:0. P4-1 (DAY CREEK DRAINAGE SYSTEM) o£ the CITf OF RANCHO CVCAMONGA 1992 REFVNOIN6 SPECI A~ TAX BOND INTEREST MATURITY BOND RATE DATE DATE CVSIP NO. REGISTERED OWNER: PRINCIPAL AMOUNT: Dol lore COMMVNITY FACILITIES DISTRICT N0. 84-1 (DAY CREEK DRAINAGE SYSTEM) OF THE CITY OF RANCHO CUCAMONGA, (the "District") situated Ln the City of Rancho Cucamonga, County of son -ernardino, State of CallfornLa, FOR VALVE RECEIVED, hereby promisee to pay, eo leiy from Special Tazee (ee hereafter defined) and certain other monieer to be collected in the Dlet rict, to the regieteretl owner named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto es hereinafter provitled, the principal amount set forth above, rind to pny interest on each principal amount semiannually on each February 1 and AugueC 1, commencing Au goat 1, 1992, (each an "I ntereet Pe yment Date") at the interest trite aet forth above, until the prino Spal amount hereof is pa itl or made available for payment. The principal of and pram lam, Lf any, on this Bond are payable to the registered owner hereof in lawful money of the Unltetl States of America upon presentation antl surrender of ChLa Bond at matucLty or redemption at the print Lpal corporate tru at office of Bank of America Nat tonal Trust and Savings Aaeoclat to n, in San Francisco, californ is (the "Fiscal Agent^). interest on this Dond shall be payable by check or tlraft of the Fie cal Agent mailed by first class, postage prepaitl, mailed to the registered owner hereof at such registered owrrer's address ae it appearv on the rag tat ration books maintained by the Fiscal Age n[ as of the close of basins se on the 15th calendar day of the month prat ed ing the lnt ere st Payment Date (the "Record Date"). Thla Bond ie one of a duly euthorLzed issue of the "City of Aencho Cucamonga Commu- nity Fac lilt lee ^ie±rlct No. B4-1 (Day Creek Dra Lnaye Eyetem) i992 Refunding Special 'Cox Bonde^ (the "Ronde") issued In the aggregate principal amount of $ 30 pursuant to the Mello-Roos Community Pac ilitiee Act of 1982, toner Star ing Sect ions 53311 et ems. of the California Government Code, as amended (the "Act"), 4or the purpose of financing certain lmprovemer.ta in the District (the ^Project^). The creation of the Bonds and the terms and conditions thereof are provided foz by a Ro r,d Indenture (the "Indenture") dated ae of March i, 199:, end ehie reference incorporates the Indenture herein, and by acceptance hereof the owner of this Bond assents to Bald terms and conditions. All capitalized terms used herein shall have the vame meaning as eat forth in the indenture unfree vt he rwiee epeclf Sed herein. The Indenture io authorized under, this eontl iv iesusd under, and both are to be construed Ln accordance with, the laws of the State of California. Pursuant to the Act and the Indenture, the principal of, premium, if any, and interest on this Bond are payable solely from, and shall be secured by a pledge of and lien upon, the Net Taxee. Interact shall be pay ab ie vemi-annually on each Interest Payment Date, and ell Bonds shell bear inters at from the Interest Payment Date next prereding the dote on which it ie authenticated and regletered, anises ea td Bond ie authent iceied and registered after a Accord Date antl before the close of business on the next Interest Payment Date, Sn which teas it shall bear interest from said Interest Payment Date, or uN see eaitl Bond is authenticated and regletered prior to the first Interest Payment Date, in which case it shell bear Lnte re of from Ste da'_e, until payment of its principal sum has been discharged. Any tax for the payment hereof ehail be limited to the Special Taxee, except to the extent that provision for payment has been made by the Leglalative Body of the District, as may be permitted by law. The Bonds do not roost State obligat Sons of the City of Rancho Cucamonga (the "City^) of the District for which the City or the Dire rict ie obligated to levy or pledge, or has levied or pledged, general or spec Sal taxation other than as described herelnabove. The District will review the public records of the County of San Bernardino in connection with the collection of the Special Tax not later than August 1 of each year to determine the amount of Special Tax collected in the prior Plecal Yeari and iE the amount eo collected le less than ninety five percent (956) of the amount of the Special Tax levied in each Fiscal Year, DietrLCt will inetltute foreclosure proceed inge not later than the succeed lnq November 1 ae authorizetl by the Act in order to enforce the lien of the delinquent Soar ailments of the Special Tax against each separate lot or parcel of land In the Diet rict and will dll Lgently prosecute and purees such foreclosure proceedinys to judgment Bale. Inlt Sailon of such foreclosure proceedings may be deferred lE the amount on deposit in the Reserve Fund le maintained at a level to the Reserve Requirement. All Ronde maturing on or after Avguvt 1, may be redeemed prior to maturity at the option of the District, from any source of funds on any Interest Payment Date comment inv Augu at 1, _, as a whole or In part in inve rte order of maturity and by lot within a oingle maturity at the followine redemption prices, expressed ae a percentage oC the pr Lncipal amount thereof, together with accrued Interest to the date of redemption: 31 Redem ption Dates Aedempt ion Price Augu et 1, antl Febrv any 1, 1931 Auquet 1, and February i 1D26 Auquet 1, and February 1, 3010 August 1, antl thereaEtet i00a Notice of redemption with respect to the Bontle to be redeemed shall be given to the registered owner thereof nt least 30 but net more than a5 deya prior to the redemp- tion date, by firer class mail, poet age prepaid, at their adtlressee appearing on the Hond Aeg Teter at the close of bu ei.neee on the day before such redemption notice le given. This Bond shall be issued only in fully registered form in the denominations of $5,000 or any integral multiple thereof. Each regtet ration end transfer of zegiotratlon of this Bond shall be entered by the Flecal Agent In books kept by it far this pu rpoee and authenticet ed by ire manual signature upon the certificate of authentication and regiatratlon endorsed hereon. No transfer hereof eh all be val ltl for any purpose anises mode by the registered owner, by execution of the form of assignment endoreetl hereon, and nuihent Lc et ed ae herein provided, end the print ipel hereof, interest hereon end any redemption premium shall be payable only to the registered owner or to ouch owner's order. Interest on this Bond shell be payable to the person whose nerve eppeara upon the Bontl Register as the registered owner hereof as of the close of business on the 15th day of the month preceding the Interest Payment Date, or to such person's order. The Fiscal Agent shall require the Bontl owner requesting transfer or exchange to pay any tax or other governmental chnrge required to be pe ld with respect to each transfer or exchange. Additional bonds may be issued, subject to the limit atione set forth In the Inden- ture, which rank on a parity wLth the Bontle. This Bond shall not become valid oz obligatory Eor any purpose until the cart iflcnte of authentication and the regLetratlon hereon endorsed shall havo Doen dated and signed by the Flecal Agent. IT IB HEREBY cER72FIED, RECITED AND DECLARED that all ecte, conditLOne end things required by law to ex let, happen. and be performed precedent to end In the le nuance of thLe Bond nave existed, happened and been performed in due time, form and manner ae re qu Lred by law, and that the amount of this Bond, together with all other Lndebtetlneee of the DLet rlct, dose not exceed any debt limit preaccibed Dy the levee or Constitution of the State of Call Eornia. 32 IN WITNESS WHEREOF, the City of Aancho Cucamonga, for Communlty FacLlit lee Dietrlet No. 84-1 (Day Creek Drainage System) thereof, nae cau eetl thle Dontl to De dated'~as of the day of March, 1992, to be elgned by the Hayor of the City by hla facsimile signature and atteeted Dy the City Clerk by her facsimile signature. Mayor, City of Aancho Cucamonga £or Community Facilities Dlatrlct No. 84-1 (Dey Creek Drainage Sy stem) ATTEST: City Clerk, City of Rancho Cucamonga for Community Fec ilitlee District No. E4-1 (Day Creek DraLnege System) (SEAL) FOAM OF CEATTFICATE OF AVTHENTICATION AND REGISTRATION This ie one of the bonds described In the within defined Indenture. BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION ae Fiscal Agent ey: Authorized Signatory FORM OF ASSIGNMENT For value received, the undersigned do(se) hereby sell, aeeign' and transfer unto the within-mentioned reg iat ered bond and hereby irrevocably conetitute(e) and appoint le) attorney, to transfer the same on the books of the Fiscel Agent with full power of substitution in the premleea. Datedz 33 EXHIBIT "C^ .~ ARBITRAGE AEDATE INSTRUCTIONS This document sate forth inet tact ions regarding the investment and dlepoe it ion of monies deposited In various fun de and eccou me established Sn connection with the issuance by Community Facilities ^ietrict No. BS-i (Day Creek Drainage System) of the City of Rancho Cucamonga of lte Community Facilit iee District No. 84-1 (Day Creek Drainage System} 1992 Refunding Special Tax Bonds, in aggregate principal amount of $ (^eonde"). The purpose of these inatructione ie to provide the Iaeuer with informs[ion necessary Co ensure that the investment of the mon Les In the funds and accourte described here In will comply with the arbitrage raga iremente Smpoaed by the Internal Revenue Cotle of 19HG and the regulations issued thereunder. DEFINITIONS For purposes of these inatructione, the following terms shall have the meanings set forth below: Bond Year. The term ^BOnd Year" means each 12 month period (or shorter period from the date of re euance) that ends at the close of business on Code. The term "Code" means the Internal Revenue Code of 1986, as emended. Delivery Date, The term "Delivery Date" means 1992. Excess Investment Earnings, The term "E xcese Investment Earnings" means an amount equal to the sum of: (1) Th P, a%Ce99 Of (a) The aggregate amov nt earned fcom [he Delivery Date of the Bonds on all Nonpu rpoae Inveetmente Sn which Gro ee Proceeds of the Bonds ere Lnveeied, over (b) The amount that would have been earned if the Yield on such Nonpu rpoae Inveetmente hatl been equal to the Yield on the Honda, pluo (2) Any income attributable to the excess desori bed in paragraph (1), In determining Excess Investment Earnings, (i) any gain or lose on the dLspos it ion of a Nonpurpoee Investment shall be taker. Lnto account and iii) any amoune earned on a bona fide debt service fund shall not be taken into account. G roes Proceeds. The term "Gross Proceeds" means the following: (1) original proceeds, i. e., the amount race lved by the Iaeuer as a result of Che sale of the eondv and any amounts actually or const tact lvely receivetl from investing the amount received from the sale of the Bonder 34 (2) Amounts, other than oriclnal proceeds, in the F,e serve Fund and 1n any other fund eetabliahed ae a reavonably required reserve or replacement fund; ~ (3) Amounts, other than ae spec if led above, that are reasonably expected to be or are used to pay debt service with respect to the Bonds; and, (6) Amou me received ae a revolt of investing amounts described flbove. Znve etment Property. The tezm "Investment Property" meanv any eecu rlt y, obligat Lon, annuity contract or investment-type property in which Grose Proceeds are invested, excluding, however, the following: (a) United Stales Treasury - State and Local Government Sezlee, Demand Deposit eecurLt Lee; and (b) tax-exempt obl!.gationv. For purposes of these Instruct Lone, the term "tax-exempt obligations" shall include only oblig et Lone the interest on which is (i) excludable from gloss Income for federal income tax purpc see and (ii) not treated ae an item of tax preference under Section 57(a)~5) of the Code. The term "tax-exempt obllg at ion" shell, however, also inc:u de stock Ln a ^qv alif Led requ fated investment company," which ie a corporation that (1) Se a regulated investment company within the meaning of Section B51(a) of the Code and meets the requirements of Section 852(3) of the code for the taxabie year: (Ll) has only one class of stock aut hozized and out standing; (iii) invests all of its assets in tax-exempt oblLgat ions (ae defined above) to the extent practic- able; and (Lv) has at least 9B~ of its grove income derived from interest on, or gain from the Bale or other disposition of, tax-exempe obligations, or the weighted average value of ire easels ie repreventetl by inveaimente Ln tax-exempt obligations, Nonpurpoee Investment. The term "Nonpurpoee Investment" means any IIwestment ProFerty which is acquired with the Grove Proceeds of the Bonds end Sa not acquired in order to catty ovt the governmental purpose of the Bonds. Purchase Price. The term "Purchase Price", for the purpose of computation of the Yleltl of the Bonds, has the same meaning ae the term ^Ieeus Pt Ice" in Sections 3273(b) and 1274 of the Code, end, Ln general, means the Snitiel offering price to the public (not inc luding bond houses and brokers, or similar persona or organiza- tions acting in the capacity of underwzitere or wholeeelere) et which price a eubetant Sal amount of each maturity (at least 10 percent) of the Bonds was sold. The term "Purchase Price^, for the purpose of computation of Yield of Nonpurpoee I nvevtmente means the fair market value of the Nonpurpoee Znvestment on the date of use of Grose Proceeds of the Bonds for ecquleition thereof, or if later, on the date chat Investment Property conetitut Lnq a Nonpurpoee Investment becomes a Nonpurpoee Investment of the good e. Requlatior.s. The term "Regulations" means temporary antl permanent Regu latione promulgated under Section 148 of the Code. Yle ld. The term ^Yield^ meenv the[ discov nt rate which, when used In computing the prevent value of all payme me of principal and im:e rest (or of hs[ payments Ln the cane of Nonpurpoee Investments which require pa ymente in a form not characterized ae principal antl intereeC) on a Nonpurpoee Investment or on the Bonds produces an 35 amount equal to the Purchase Price of eu ch Nonpurpoee Investment or the Eon dew all computed as prescribed in applicable Re gu let io nv. The yield on Nonpurpoee Inveet- mente moat be computed by the use of the same frequenry interval of comnountl ing interest ae Se used with respect to the Bonds. REBATE REGUI REMENT Calculation of Encase Investment Earnlne No later than the teat day of the fifth Eontl Year, each succeeding ftf th Aond year and on the date the last Bond 1e d!eeharged, the issuer shall calculate or cav ee to 6e calculated the Exceee love atment Earnirge pursuant to the Cotle and Aequl at ionv. This calculation shall be made or caused to be made by the Issuer in accordance with the Following rules: (1) For purposes or caleu lation of the yield on any lnveetment ae required under t heae lost rvc[iene, the purchase price of the iovestment will be the fair market price of the invest mane on an eetabl.ished market. This means that the Ieeu er (or the Fiec al Agent acting at the direction of the Issuer) will not pay a premium and will not accept a lower interest rate than ie usually paid to adjust the yield on an lnveetment. (2) The market price of cart L: lcatea of tlepoeit ieeuetl by a comma rclal bank may be regartled ae being at a fair market price Lf they are determined by reference to the bona fide bid price gvotetl by a dealer who maintains an active secondary market in such certificates, or, if no secondary market exists, by eat iefyinq e ubparagrapn (J) below relating to investment agreements. (3) Inveatmente pureu ant to an In vestment agreement may bs regardetl as being made at a fair market pr LCe LE (1) et least three (3) bide ere received on the lnveetment co niract from persona without an lot erect in the Sonde; (il) the winning bidder prov idea a certificate that, ba eed on its reeeonabie expecta- tions on the date the investment agreement ie entered into, Lnvaetmente will not be purchased or sole at a price other than their fair market value; (111) the yield on the lnveetment agreement Ls at least equal to the yield offered antler the highest bid race teed from a non-lnterestea party; end (!v) the yisid on the lnveetment agreement Le et lees[ equal to th¢ yle ld offered on similar contracts. (4) For other Snveetmente Graded on an eetabl lehetl market, the fair market price shall be the mean between the bid and offered prices for each obllgat tons on the date of purchase or, if eubeequent thereto, the tlata the lnveetment becomes a Nonpurpoee Investment. (5) where amounts must be reetr acted to a certain yield and Lnveetmente cannot be pu rchaved on an set abllehetl market or a bona Eide fair market price cannot be established at a yield that does not ex^eed the max imam permissible yield, the Issuer may acquire or hold tax-exempt eecuz it lee, currency or Vnited States Tree eu ry Certif isatee of Indebtednees~ Notes and Celt if icatee - State and Local Cove rnment Series (^SLGe") that yield nc more than the maximum pe rm Leeible yleltl. SLGe are available at the Federal Reserve Rank, Payment to United States. The Ie suer shall provide the Fiscal Aq¢nt with wr Stttn instructions directing the Flecel Agent to pay from the Rebate Fund an amount equal to Excess Investment Earnings (after appllcat ion of any available r, red ate) to the 76 United 5tatee of America in lnetallmente with the first payment to bs made not jater than thirty (301 days after the end of the fifth Bond Year, antl wit^ subsequent payments to be made not later than five (5) years after the preceding payment was due. The Ieeuer eha 11 assure that each ouch installment is in an amount equal to at least ninety percent (909) of the Excess Investment Earnings with respect to the Bonds ae of the close of the computation period. Not latex than sixty (60) days after the retirement of the Bontle, the Ieeuer she l! prow lde the Piecnl Agent with writren Lnetruct ions tllrecting the Fiscal Agent to pay from the Aebate Funtl to the Un Lt ed Si ntee one hundred percent (100x) of the theretofore unpaid grease Snveet mast Earnings of the Bonds. In the event that there are any amounts remeinino in the Aebate Fund following the payment required by the preceding sentence, the Issuer shall request in writing that the Flecal Agent transfer such funds to the Issuer and use such amou rt fcr any lawful purpose of the Issuer. The Ieeuer shell cause the Fiscal Agent to remit payments to the United 5tatee at the address prescribed by the Ae quiet ions ae the same may be from Llme to time in effect with such reports and eta[emente as may be prescrLbed by such Aequlat ions. in the event the[, for any reason, amounts In the Rebate Funtl are insuf fide nt to make the payments to the Unltetl States which are required hereunder, the Ieeuer shall assure Ghat such payments are made to the Vnitetl 5tatee on a timely baaie from any funds lawfully avai'_able therefor. Further Obligation of Ieeuer. The Zeeuer shall assure that Excess Investment Earntnge are not paid or tliebureed except ae provided In Cheee Snetructions. To that antl, the Ieeuer shall assure Lhat Lnveetment traneactlone ate on an arms-length baaie. Sn the event that Nonpurpose Inveetmenta consist of cart Sficatee of deposit or investment contracts, investment Sn such NonPU rpose Inveetmenta shell be made in accordance with the pcoceduree described 1n appl lnable Aequlatione es from time time in effect. MAINTENANCE OF RECORDS. With respect to all Nonpurpoae Inveetmenta flCqu fired In a fund or account establle had and held by the Zeeuer or the Flecnl Agent, the Ieeuer or the Fiscal Agent shall record or Cause to be recorded the following information: (i) purchase date, (ii) purchase price, (lil) information eetabliehing that the purchase price fie the fair market value as of such date (e•o „ the publle had quotetl bid by a dealer In such en lnveetment on the date of purchase), (Lv) nny accrued interest paid, (v) face amount, (vi) coupon rate, (vii) periodicity of interest payments, (vial) tliepoeit Lon price, (ix) any accrued interest received, and (x) tlleposlt ion date. To the extent any investment becomes a Nonpurpoee Investment by becomLng erase Proceeds nfter St was originally purchased, it shall be treated ne Sf It were acquired et lte fair market value at the time It becomes a Nonpurpoee Invest- ment. The Ieeuer shall keep and retain for a period of six (6) years following the retirement of the Bonds, records of all determinations made pursuant to these Instruct lone. AMENDHENT. In order to comply with the covenants in the Bond Indenture regardl ng compliance with the requ iremente of the Code and the continued exclusion from gross Lncome for purpceee of federal income taxation of interest paid on the sonde, the procedures deecu bed in these Ins[ ructions may be modified as necessary, Without the consent of Bond owr.c~~, a„d caeeJ on the opinion of sat ionelly recognized bond cou seal acceptable to the Ieeuer, io comply with requ let LO ne, rulings, legielet ion or judicial dec LeLOns as may be applicable to the Bonds. Neither Che Ieeuer nor any nC its members, agents, officers or employees shall be liable fox any action taken or for ire failure to take any action In connection with these Inettuctione. The Issuer may rely conclu elvely on the advice of its Aond Counsel with respect to the requ lremente of these Inez ructlane. • '37 /// S/9L DRAFT EBCROW TR96T AGREEMENT This ESCROW TRUST AGREEMENT, dated as of _ 1992 among Community Facilities District No. 84-1 (Dry Creek Drainage System) of the City of Rancho Cucamonga, California, (the "District"), (the "Authority") and a bank authorized to do trust business in the State of California, as trustee (the "Trustee"), W I T N E S S E T H: WrIEREAS, the following bonds of the District have been issued, are outstandi ng and are be.ng refunded (the "Bonds Sei ng Refunded" or the "Refun ded Bonds"), which are listed below and are further described in Erh ibit "A" hereto: Principal Principal Original Title of Bonds Amount Amount Beirg Issue Date Beino refunded outstanding Refunded August 1, Community Facilities $15,860,000 $15,860,000 1985 District No. 84-1 Special Tax Bonds Series "A" and WHEREAS, the Legislative Body of the District, by resolution adopted on _, 1992 (the "1992 Bonds Resolution"); and a Bond Indenture, dated as of March 1, 1992 (the "Indenture"), between the District, (the "Authority") and as trustee, has authorized the issuance of $ 1992 Refunding Special Tax Bonds of the District (the "Refunding COPS"), a portion of the proceeds of which is to be used to refund the Bonds Being Refunded; and WHEREAS, the 1992 Bonds Resolution authorizes and directs the District to enter into this irrevocable Escrow Trust Agreement with the Trustee with respect to the safekeeping and handling of the moneys and securities to be held in trust for the payment of the Aonds Being Refunded; aid WHEREAS, the Trustee agrees to accept and administer the trust created hereby; NOW, THEREFORE, in consideration of the mutual covenants., conditions and agreements hereinafter set forth, it is hereby agreed as follows: Section 1. On , 1992, the District shall deposit, or cause to be deposited, moneys in the amount of $ of which $_, shall be immediately utilized by the Trustee to purchase the securities described in Exhibit "B" attached hereto (the "Securities") and $ of which shall be held uninvested as cash (the "Initial Cash"), which Securities and Initial Cash shall be held by the Trustee in a special and separate trust fund, designated as the "City of Rancho Cucamonga Community Facilities District Nc. 84-i Certificates of Participation 1992 Refunding Trust Fund" (the "Trust Fund"). As determined in the Verification Report of Certified Public Accountants, regarding the Refunding Bonds, *_he principal amount of the Securities, together with the scheduled interest thereon and the Initial Cash are sufficient to assure that the funds available in the Refunded Bonds Account will be sufficient to pay promptly the principal of, interest on and premium with respect to the Refunded Bonds as provided in Exhibit A. Suction 2_ The Trustee shall, at all timed, hold the Securities in the Refunded Bonds Account for the account of the District and for the benefit of the registered owners of the Refunded Bonds and shall maintain the Trust Fund and the separate accounts therein wholly segregated from the other funds and securities on deposit with the Trustee, shall never commingle such Securities and other moneys with other funds of the Trustee., and shall never at any time use, loan or borrow the same in any way, so that sufficient funds always will be available to pay the interest, the premium and the principal requirements of the Refunded Bonds as stated in Section 1 above, provided, however, that: A. Absent a different written direction by the District, the Trustee shall reinvest amounts in the Trust Fund (described in Exhibit F on the dates provided in Exhibit F} in direct non- callable obligations of the United States that mature no later than August 1, 1992, and which have a yield of not more than 2Dt. B. Except as provided in Section A above, the Trustee shall not permit the reinvestment of cash balances in the Refunded Bonds Account or substitution of other securities for the Securities, except that the Trustee may permit the District to reinvest in or substitute other non-callable direct obligations of the United States of America or obligations unconditionally guaranteed by the Un.i ted States of America for the Securities if the District also provides the Trustee, (i) a new verification report by a firm of certified public accountants establishing that the maturing principal amounts and scheduled interest or. the Securities, ai constituted following such substitution or reinvestment together with any cash balance, then on hand in the Refunded Bonds Account of the Trust Fund, will be sufficient to permit the Trustee to pay promptly the principal of and any premium and interest or. the Refunded Bonds as provided in Exhibit A; and (ii) an opinion of bond counsel to the effect that such substitution or reinvestment shall not affect the tax-exempt status of interest on either the Refunded Bonds or the Refunding Bonds. Section 3. The Trustee acknowledges receipt of the Initial Cash Deposit, the Securities described in Exhibit "B" anti the report of referred to at Section 1 above, which states that the initial Cash deposit, together with the scheduled interest on and maturity values of the Securities, as such interest accrues and becomes payable and such maturities occur, will be sufficient to pay the interest, premium and principzl requirements of the Refunded Bonds as provided in Section 1 without the necessity of sale or redemption thereof prior to maturity. section a. Any moneys credited to the Trust Fund which are not invested in the Securities as provided herein shall be held as a demand deposit and shall be secured in the same manner as deposits of public moneys. Section 5. The Trustee shall mak= timely payments from the Trust Fund to Bank of America National Trust and Savings Association, as the fiscal and paying agent for the Bonds Being Refunded, in the amounts and on the dates provided in Exhibit A. The District hereby irrevocably instructs the Trustee to, and the Trustee shall, as soon as possible, cause notice of the advance refunding of the Bonds Being Refunded, in form as shown in Exhibit "D" attached hereto, to be mailed, by first class mail, postage prepaid, to the registered owners of the Bonds Being Refunded, at the address shown on the COP register maintained by Bank of America National Trust and Savings Association, as the fiscal agent for the Bonds Being Refunded. The District also hereby irrevocably instructs the Trustee to, and the Trustee shall, not more than forty five (45) nor less than thirty (30) days prior to the date set for redemption of the Bonds Being Refunded, cause notice of the redemption of the Bonds Being Refunded, in form substantially as shown in Exhibit "E" attached hereto, to be mailed, by first class mail, postage prepaid, to each registered owner of the Bonds Being Refunded at the address shown on the Bond register maintained by bank of America National Trust and Savings Association, as the fiscal agent far the Bonds Being Refunded and cause notice of the redemption of be published as directed by Section 53]65 of the Governmental code of the State of California.. Section 6 if, at any time or times, there are insufficient funds on hand in the Trust Fund for the payment of the principal, premium, if any, and interest on the Bonds Being Refunded as the same become due, or are called for redemption, or for the payment of the fees and expenses of the Trustee, the Trustee shall promptly notify the District of such deficiency by telephone and by registered mail, postage prepaid. Section 7. On or before August 15, 1992, the Trustee shall submit to the District a report covering all moneys it has received and all payments it has made under the provisions hereof during the six-month period ending on the preceding 1 Such report also shall list all investments and moneys on deposit with the Trustee as of the Sate of the report. Section 8. The Trustee, as full consideration for its services hereunder [and for its services as the under the Bond Resolution adopted August 7, 1985] shall be entitled to its customary fees (including the fees and expenses of its counsel). The Trustee hereby waives and releases any claim which it otherwise would have, as a lien or otherwise, against the Trust Fund for any payment of its fees and expenses and agrees to look only to the District's payment of its fees and expenses for all services in connection with the Refunding Bonds [and the Bond ResolutionJ. Section 9. when all amounts payable on the Bonds Being Refunded have become due and the Trustee has on deposit all moneys necessary for the payment of such amounts, and in any event on the business day succeeding the date the last of the Bonds Being Refunded matures, the Trustee shall transfer to the District all moneys and investments credited to the Trust Fund in excess of the amounts payable on the Bonds Being Refunded. Secton 10. The parties recognize that the registered owners of the Bonds Being Refunded have a beneficial interest in the moneys and investments held in trust hereunder. It is therefore expressly recited, understood and agreed by the parties hereto that this Escrow Trust Agreement shall not be revoked and shall not be amended in any manner which may adversely affect the rights herein sought to be protected until the provisions of this Escrow Trust Agreement have been fully carried out. Section 11. The Trustee shall be under no obligation to inquire into or be otherwise responsible for the performance or nonperformance by the District of any of its obligations or to protect any of the rights of the District under any of the proceedings with respect to the Bonds Being Refunded or the Refunding Bonds. The Trustee shall not be liable for any act done or step taken or omitted by it or for any mistake of fact or law of f.or. anything which it may do or refrain from doing except for its negligence or its default in the performance of any obligation imposed upon it under the terms of this Escrow Trust Agreement. The Trustee shall not be liable or responsible for any loss resulting from any investment made pursuant to this Escrow Trust Agreement in compliance with the provisions hereof. Section 12. The District, shall have the right to audit the books, records and accounts of the Trustee insofar as they pertain to the trust created hereunder. Section 13. Neither this Escrow Trust Agreement nor the trust created hereunder may be assigned by the Trustee without the prior written consent of the District, which consent, however, shall not be unreasonably withheld. If the Trustee is required by law to divest itself of its interest in its trust department or if the Trustee sells or otherwise assigns all or substantially all of its trust business, then the Trust shall be continued by the Trustees successor in interest without further consent of the District being required. Section lA. If any section, paragraph, subdivision, sentence, clause or phrase hereof shall for any reason be held illegal or unenforceable, such decision shall not affect the validity of the remaining portions hereof. The parties hereby declare that they would have executed this Escrow Trust Agreement and each and every other section, paragraph, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clause and phrases hereof may be held to be illegal, invalid or unenforceable. If any provision hereof contains any ambiguity which may be construed as either valid or invalid, the valid construction shall be adopted. In construing this Escrow Trust Agreement, it should be noted that the parties intend that the Refunding Bonds and the Honds Being Refunded are to be obligations the interest on which is excludible form gross income under Section 103(a) of the Internal Revenue Code of 1986, as amended, and the provisions hereof should be construed to permit that result. Section 15. This Escrow Trust Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of California. This Escrow Trust Agreement expresses the entire understanding and all agreements of the parties hereto with each other with respect to the subject matter hereof and no party hereto has made or shall be bound by any agreement or any representation to any other party which is not expressly set forth in this Escrow Trust Agreement. Section 76. This Escrow Trust Agreement may be executed in several counterparts, each of -ghich shall be an original, but all of which together shall constitute but one instrument. IN WITNESS WHEREOF, the parties hereto have caused this Escrow Trust Agreement to be executed as of the day and year first above written. Community Facilities District No. 86-1 By: Director of Planning and Facilities flank of America National Trust and Savings Association By: Trust Officer EXHIBIT A BONDS BEING REFUNDED PREPAYMENT SCHEDC~ZE SCHEDULEb PREPAID RATE PRINCIPAL PRINCIPAL INTEREST PREMIUM 8/1/92 $635,000 $15,225,000 $699,000 $343,550 EXNZBIT B _ ,~ ESCROW SECURITIES -- REFUNDED BONDS ACCOUNT PURCHASE PRINCIPAL PURCHASE INTEREST MATURITY TYPE DATE AMOUNT PRICE RATE DATE EXHIBIT C SCHEDULE OF TOTAL ESCROW RECEIPTS AND OF PAYMENT ON THE BONDS BEING REFUNDED RECFAiE TO ~1CiZON AND HEGTNNING DEBT SERVICE ENDING ACQUISITION DATE BALANCE RECEIPTS REQUIREMENTS BALANCF FUND EXHIBIT D .. NOTICE OF ADVANCE FIINDING of CITY OF RANCHO CUCAMONGA Community Facilities District No. 84-1 (Dry Creek Drainage System) SPECIAL TAX BONDS SERIES "A" Notice is hereby given to owners of the $18,000,000.00 Special Tax Bonds Series "A" (the "Bonds"), issued under a $18,000,000.00 Special Tax Bonds Series "A" (the "Bonds") adopted by the City of Rancho Cucamonga on August 7, 1985 on behalf of Community Facilities District No. 84-1 (the "District") that all Bonds have been economically defeased by the District pursuant to an Escrow Trust Agreement dated as of 1992 (the "Escrow Trust Agreement") between the District and Bank of America National Trust and Savings Association, as trustee (the "Trustee"). United States Government Obligations have been placed in escrow with the Trustee in a principal amount that, together with the income or increment to accrue thereon without consideration of any reinvestment thereof and certain uninvested cash held by the Trustee, will be fully sufficient to pay the principal of and interest on the Bonds coming due prior to August 1, 1992 and to redeem on August 1, 1992 the remaining 1986 Certificates outstanding on such date at a redemption price of plus accrued interest to August 1, 1992. In making the foregoing certifications the District and the Trustee have relied upon that certain verification report of dated 1992. The District and the Trustee have relied upon said verification report and have made no independent calculations with respect to the determination that the principal of the United States Government Obligations, together with the income or increment to accrue thereon without consideraticn of any reinvestment thereof and certain uninvested cash held by the Trustee, will be fully sufficient to pay tY.e principal of and interest on the Bonds coming due prior to August 1, 1992 and to redeem on August 1, 1992 the Bonds remaining outstanding on such date at a redemption price of par plus accrued interest to August 1, 1992. By order of Community Facilities District No. 84-1. Sank of America National Trust and savings Association, as Trustee Los Angeles, California DATED: ey: 10 EXHIBIT E • NOTICE OF REDEMPTION City of Rancho Cucamonga, Community Facilities Distzict No. 84-1 (Dry Creek Drainage System) SPECIAh TAX BONDS SERIES "A" On behalf of the Community Facilities District No. 84-1, NOTICE IS HEREBY GIVEN that, pursuant to Article V, Section 18A of the Bond Resolution adopted August 7, 1985 by the City of maturing on or after August 1, 1993 in the aggregate principal amount of $15,225,000.00 are called for r. edemption on August i, 1992 (the "Redemption Date") at a price of 100$ of the principal amount thereof plus interest accrued to the Redemption Date; and that this redemption price will be due and payable on August 1, 1992 following presentation of your Bond as described below. Please see the attached listing which reflects your Bond number, the amount of the Bond, the amount of the Bond that has been called and the maturity year. FROM AND AFTER AUGUST 1, 1992, ALL INTEREST ON THAT PORTION OF THE BOND(S) CALLED FOR REDEMPTION WILI. CEASE TO ACCRUE AND BE PAYABLE. Payment of interest due August 1, 1992 on the Bond(s) called for redemption will be made by separate check in the usual manner. The Bond(s) must be presented and surrendered for redemption and payment, by mail or in person, at the office of the Fiscal Agent, Bank of America National Trust and Savings Association, Trust Division, If presenting by mail, insured mail is suggested. To avoid a 2o$ backup withholding tax required by the Interest and Dividend Tax compliance Act of 1983, Bondholders must submit with their Honds a completed IRS Form W-9. DATED: Bank of America National Trust and Savings as Trustee 11 EXHIBIT r^ REINVESTMENT LATEST MAXIMUM DATE AMOUNT MATURITY DATE YIELD 12 $_--______x ~ City of Rancho Cucamonga, Community Facilities District \o. 84-1 (Dry' Creek 6rainage System), 199: REFL'!SDItiG SPECL4L TAX BOND5 BOVD PCRCHASE AGREEMF.IT 1992 City of Rancho Cucamonga 9320 Bacetine Rnad. Suite C Rancho, Cucamonga. CA 91739 Ladies and Gendem, n: The undersigned, Stone & Youngberg fthe "Underwriter"), offers to enter into this Bond Purchase Agreement lthe "Purchase Agreement") with the City of Rancho Cucamonga (the "City") acting fer and on behalf of Community Facilities District No. 84-1 (Day Creek Drainage System), County of San Bernardino, State of Califomia (the "District'), which, upon acceptance, will be binding upon the Ciq~, the District and the Underwriter. This offer is made subject to the acceptance of it by the City on the date hereof, and, i(not accepted, will be subject to withdrawal by the Cnderwriter upon written notice delivered to the City at any time prior to the acceptance hereof by the Cit}~. 1. Purchase, Sale and Delivery of the Bonds. (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Underwriter agrce~. to purchase from the City acting for and on behalf of the District, and the City acting for and on behalf of the District agrees to sell to the Underwriter, all (but not less than all) of $ aggregate principal amount of the above-captioned (the "Bonds"), to be dated March ], 1991, bearing interest (payable commencing August t, 1992 and semiannually thereafter nn February 1 and August 1 in each year) 2t the rates per annum and maturing nn the dates and in the amounts set forth in Appendix A attached hereto and incorporated herein. The purchase price for the Bonds shall be $ (representing a price of par, less an Underwriter's discount of $ ,plus acerued interest'. The purchase price shall be payable in immediately available funds on rite Closing Date (as defined below). The Bonds shall be substantially in the form descr.bed in, shall be issued by [he City acting for and on behalf of the District under and secured p~!rsuant to the Mello-Roos Community Facilities Act of 19H2, as amended, Section 53311 ~ of the Government Code of the State of California (the "Act") and a resolution adopted by the City on . 1992 (the "Resolution of Issuance"), and shall be payable and subject to redemption as provided in the Bnnd Indenture, dated ac of March 1, 1992 (the "Indenture") by and between the City acting for and on behalf of the District and Bank of America lational Trust and Savings Association, as fiscal agent (the "Fiscal Ageni'). The Bond and interest thereon will he payable from a special tax Ithe 'Special Tax") levied an~ collected in accord::-mce with Section 53340 of the Act, the Indenture and an ordinance )the "Ordinance"1 of the City Council of the Cin~ Ithe "City Council") with respec[ to the Special Tax and payments m be made to the City by the Redevelopment Agency of the City of Runchv Cucamonga (the "Agency') pursuant to that certain Loan and Pledge Agreement, dated h1ay 5. 1983, by and between the City and the Agency. as supplemented on Apri14, 19R4 and as amended by that certain First Amendment dated August 8. 1985 (cohecdvely, the "Loan and Pledge r\greement'). Proceeds from the sale of the Bonds will be used in aceord'ance with the Indenture and the Act to provide for the advance refunding of the outstanding Cin' of Rancho Cucamonga fSan Bernardino County, California) Community Facilities District tio. R4-I (Dap Creek Drainage System) Special Tax Bonds. Series "A`' Issued in the original principal amount of $18.000.OOO (the "Refunded Bonds"). (b) Pursuant to the authorization of the City, the Underwriter has distributed copies of the Preliminary Official Statement, dated .1992, relating to the Bonds, which. together with the cover page and all appendices thereto. is herein called the "Preliminary Official Statement" and which, as amended with the prior approval of the Underwriter and executed by the Citv on behalf of the District, will be referred to herein as the "Official Statement". The Ciiy hereby ratifies the use by the Underwriter of the Preliminary Official Statement and the Official Statement (collectively referred rn as the "Ofncial Swtements') and authorizes the Underwri[er to use and distribu[e the Indenture and other documents or contracts to which the City or the District is a patty and that are related to the Bonds, including this Purchase Agreement, and all information contained herein, and all other documents, certificates and statements famished by the City to the Underwriter in connection with the transactions contemplated by this Purchase Agreement in connectimt with tiro offer and sale of the Bonds by the Underwriter. I'he City hereby certifies that the Preliminary Official Statement is in °neaz final" form within [he meaning of the Securities and Exchange Commission's Rule ISc2-12. Ic) At 8;00 a.m.. Califomia time, on .1992, or at such earlier or later time or date as shall be agreed upon by the Underwriter and the City (such time and date being herein referred to as the "Closing Date"), the Cirv will deliver to the Underwriter, upon payment of the purchase price therefor, at a location or locations to be designated by the Underwriter, the Bonds in definitive farm (all Bonds having had the CUSIP numbers assigned to them and typed thereon), in denominations to be designated by the Underwriter, duly executed by the officers of the City on behalf of the District as provided in the Indenture. and such other documents as are described herein. The Bonds shall be made available to the Underwriter at least four (4) business days prior to the Closing Date for purposes of inspection. The Bonds shall be in fully registered form, with the registered owners as designated by the Underwriter. If preparation of definitive Bonds has not born completed at C9osing, the City shall deliver, or cause tr, be delivered, Bonds in temptary form, in lieu of definitive Bonds. subject to the same limitations and conditions and exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may he printed, lithographed or typewritten, shall be of such denominations as may be determined by the Underwriter, shall be without coupons and may contain appropriate references to the Resolution of Issuance and the Indenture. Every temporary Bond shall be executed and delivered b}' the Fiscal Agent upon the same conditions and in substantially the same manner as the definitive Bonds. If the Fiscal Agent delivers mmpnrary Bonds, the Fiscal Agent shall issue definitive Bonds in an equal aggregate principal amount of authorized denominations. and bearing the same rate or rates of interest and date or dates of maturity as that of the emporary Bonds, without additional charges and thereupon the temporary Bonds shall be surrendered to the -2- Fiscal Agent. and the Fiscal Agent shall thereupon cancel the same. i;ntil so exchanged. the,. temporary Bonds shall be endued to the same bone+its under the Indenture as definitive Bonds. 2. Representations, Fi'arranties and Agreements of the City and the District, The City and the District represent, warrant and covenant to and agree with the Underwriter tha[ i a) The Cit} is a municipal corporation duly organized and validly existing under the laws of the State of California with the full legal right, power and authority to adopt the Resolution of Issuance and such other resolutions adopted in connection with the formation of the District (the foregoing resolutions ve referred to collectively as the "Resolutions"), and the Ordinance and to execute and deliver the Indenture. The Ciry has duly authorized the formation of the UisMc: pursuant to the Act and the Resoludon and the District is duly organized an<I validly existing as a community facilities district under the Act. The District and the Ciry have, and on the Closing Date will have, full legal right, power and authority (i) to execute, deliver and perform their respective obligations under the Indenture and this Wrchase Agreement and to cant' out all transactions on they respective parts contemplated thereby, (ii) to issue, sell and deliver the Bond.c to the Underwriter pursuant to the Resolution of Lcsuance and the Indenwre as provided herein, and (iii) to cony out, give effect to and consummate the transacdons on their respective parts contemplated by the Resolutions, the Ordinance, the Official Statement, the Indenture and this Purchase AgreemenC (b) The City acrd the District have complied, and will at the Closing Date be in compliance. on [heir respective parts, in all respects, with the Act and this Purchase Agreement and the Ciry has romplied and will at the Closing Date be in compliance in all respects with the Indenture; (c) The City Councih as the legislative body of the District, has duly and validly adopted the Ordinance and the Resolutions, and has duly authorized and approved the execution and delivery of the Bonds, the Indenture, the Lean and Pledge Agreement, this Wrchase Agreement. and the Official Satement, and has duly authorized and approved the performance by the City of its obligations contained in, and the taking of any and all action as may be necessary t., carry out, give effect to and consummate the vansactions nn its part contemplated by, each of Said documents (including, without limitation, the collection of the Special Tax and the use of the proceeds of the Bonds to finance the acquisifion of certain public improvements), and, at the Closing Date, the Indenture, the Bonds and this Wrchase Agreement will constitute the valid, legal and binding obligations of the City and the District, and assuming due authorization, execution and delivery by other parties thereto, where necessary, will he enforceable against the City, and dte District in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other Taws affecting the enforcement of creditors' rights in genera] and to the application of equitable principles if equitable remedies are sought; (d) Neither the District nor the Ciry is in breach of or default under any applicable law or administrative rule or regulation of the State of California or [he United States of America, or of any depa-tment division, agency nr instrumentality of either thereof, or under any applicable coon or administrative decree or order, or under any loan agreement note, resolution, indenture, contract agreement or other instmmenl to which the District or the City is a party or is otherwise subject nr bound, which breach or default could materially and adversely affect the performance by the City or the District ender the Bonds, the Resolutions, the Ordinance, the Indenture or this Wrchase Agreement the adoption of -3- the Recolutiers and the Ordinance, the execution and delivers of the Roods. the Indentu~ and this Purchase Agreement, and compliance by the District and the Ciro on their respective pans with the provisions of each thereof. will not conflict with or constitute a breach of or default under an} applicable law or administrative rule or regulation of the State of California or the )Jolted Stales of America or of any department. division, agency or inswmentality of either thereof, or under am• applicable court or administrative decree or order, or under any loan afReement, note. resolution, indenture, contract, agreeroent or other insm~ment to which the District or the City, as the case may be, is a party or is otherwise subject or bound; (e) All approvals. consents, authorizations, elections and orders of er filings or registrations with am governmental authority, board. agency or commission having jurisdiction which would constitute a condition preceden[ to, or the absence of which would materially adversely affect the performance by the City and the District, as the case may be, of their obligations hereunder, or under the Indenture, or the Bends hare been obtained and are in full force and effect, except as such may be required by state securities or blue sky laws governing the sale and distribution of the Bonds by the Underwriter; (f) The Special Tax has been duly and lawfully authorized and pursuant to the Ordinance. may be levied under the Act and the Constitution and the applicable laws of the State of California, and such Special Tax, when levied, will constitute a valid and legally binding lien on the properties on which it has been levied; (g) The information with respect to the City and the District in the Preliminary Official Smtement is true and correct, and the information with respect to the Ciry and the District in the final Official Statement will be, as of the Closing Date, true and corect in all material respects, and does not, and in the case of the Official Statement will not as of the Closing Date, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessarv to make the statements therein, in light of the circumsrarrces under which they were made, not misleading; (h) For a period of ninety (90) days from the date hereof or until such titre (if earlier) as the Underwriter shall no Icnger hold any of the Bonds for sale, if any event shall occur of which the City or the District is aware, as a result of which it may be necessary to supplement the Official Statement in order to make the statements in the Official Statement, in light of the circumstances existing at such time. not misleading, the City or the Disuict shall forhwith notify the Underwriter of any such event of which it has knowledge and shall cooperate fully in famishing any information available to it for any supplement to the Official Statement necessary, in the Underwriter' opinion, so that the statements therein as so supplemented will not be misleading m light of the circumstances exisdng at such time; (i) The Indenture creates a valid pledge of the moneys in the funds and accounts pledged to the payment of the Bonds under the Indenture, subject in all cases m the provisions of the Indenture permitting the application tftereof for the purposes mtd on the terms and conditions set fork therein; fj) No action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body is pending with respect to which the City or the District has been served with process, or to the knowledge of the City, threatened in any way affecting the existence of the City or the District or the titles of their officers to their respective offices or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Indenture, or the collection or application of the Special Tax pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof, or in any way -4- contesting or affecting the validity or enforceability of the Bonds, the Indenture, the Resolutions. the Ordinance, the Loan and Pledge Agreement or this Purchase Agreement. or any action of ;he City or the District contemplated by any of said documents, or in any way contesting the completeness or accuracy of the Official Statement or the powers of the City nr the District or their authority with respect to the Act, the Bonds, the Indenture, the Resolutions, the Loan and Pledge Agreement and the Ordinance or any action of the City or the District contemplated by any of said documents, or which would adversely affect the exclusion from gross income of interest paid nn the Bonds for federal income tax purposes or the exemption of interest on the Bonds from State of California personal income taxation: nor to the knowledge of the Ciry er the District is there any basis therefor, (k) 7hz City will funish such information, execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order for the Underwriter to yualify the Bonds for offer and sale under the "Blue Sky" or other secutities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate: provided, however, neither the District nor the Ciry shall be required to register as a dealer or a broker of securities or to consent to jurisdiction or sen•ice of process in any state or locality other than the State of California; (li The Ciry will furnish such information and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order for the Underwriter to prepare and distribute sufficient quantities oC the fmal Official Statement to any potential purchasers of the Bonds within seven (7) business days of the effective date of this Purchase Agreement (m) Any certificate signed by any authorized official of the City or the District authorized to do so and delivered to the Underwriter shall be deemed a representation and warranty to the Underwriter as to the statements made therein; (n) The City and the Distric! will apply the proceeds of the Bonds N accordance with the Indenmre and as described in the Official Statements; and (n) Except as otherwise permitted in the Indenture, the City and the District will not issue any other obligations, payable as to principal or interest from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds. 3, Conditions to the Obligations of the Underwriter. The obligations of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the City, the District and the Agency mntainrd herein, as of the date hereof, and as of the Closing Date, to the accuracy in all material respects of the statements of the officers and other officials of the City, the District and the Agency made in any cettificates or other documents famished pursuant to the provisions hereof, to the performance by the Ciry o(its obligations to be performed hereunder at or prior tc the Closhtg Date end to the fallowing additional conditinns~ (a) At the Closing Date, the Indenmre and this Purchase Agreement shall be in fu0 force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the Bonds and with the transactions contemplated thereby and by this Purchase Agreement all such actions as, in the opinion of -5- Brown. Harper. Bums & Hentschke, Bond Counsel f"Bend Counsel"). shall be recessap~ and appropriate: (b) Between the date hereof and the Closing Date, the mazket price or marketabiGry of the Bonds at the initial offering prices set forth in the Official Statement shall not have been materially adversely affected, in the judgment of the Underwriter (evidenced by a written notice to the Disvict and the Ciry terminaurg the obligations of the Underwriter to accept delivery of and pay for the Bonds), by reasor, of any of the following: (]) legislation introduced N or enacted for resolution passed) by the Congress of the i;nited States of America or recommended to the Congress by the President of the United States, the Departmenr of the Treasury. the Intemal Revenue Service, or any member of Congress, or favorably reponed for passage to either House of Congress by any committee of such House to which such legislation had been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Coon of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department or the Internal Revenue Service of the United States of America, with the purpose or effect. dvectly or indirectly, of imposing federal income taxation upon the interest as would be received by the owners of the Bonds beyond the extent to which such interest is subject to taxation as of the date hereof; f2) legislation introduced N or enacted (or resolution passed) by the Congress of the United States of America, or an order, decree or injunction issued by any coon of competent jurisdiction, or an order, ruling, regulation {final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the genera; character of the Bonds, or the Bonds, including any or all underlying arrangements, aze not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Indenture is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Roods, or of the Bonds, including any or all underwriting arrangements, as contemplated hereby or by the Official Statement or otherwise is or would be in violation of the federal securities laws as amended and then in effect; (3) any amendment to the federal or State of California Constimtion or action by any federal or State of California court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the District, its property, income, securities (or interest thereon), the validity or en}omeabiliry of the Special Tax or the ability of the District to finance or acquire the real propetty or improvements contemplated by the Indenture, the P.esolurions and the Official Statement; or (4) any evem occurring, or information becoming known, which, in the judgment of the Underwrimr, makes untrue in any material respect any statement of information contained in the Official Statement, or results in the Official Statement containing any untrue statement of a material fact or omitting to state a material fact required to be stated therein or necessary to make the statements therein, in light of the cvcumstances under which they were made, not misleading. _~ (c) Oa the Closing Date, the L'nderu~riter shall have received counterpart originals: or certified copies of the following documents, in each case sadsfacton in form and substance to the Underwriter. - ~ 7 1 The Resolutions. together with a certificate dated as of the Closing Date of the City Clerk of the Citv to the effect that each is a true. correct and complete copy of the Resolutions duly adopted by the Ciry Council and that each has not been amended. modified or rescinded since its adoption (except as may have been agreed to by the Underwriter) and is in full force and effect as of the Closing Date; (2) The Official StammenC f3) An approving opinion, dated the Closing Date and addressed to the Ciry, of Bend Counsel, substantially in the term of Bond Counsel's opinion set fords in Exhibit E to :he Ofticial Statement and an opinion of such counseh dated the Closing Date and addressed ro the Underwriter, to the effect that such opinion addressed to the City may be relied upor, by the Cnderwriter to the same extent as if such opinion was addressed to ifi (4) A supplemental opinion, dated the Closing Date and addressed to the Underwriter, of Bond Counsel, to the effect that (i) this Purchase Agreement has been duly authorized, executed and delivered by, and, assuming due authorization, execution and delivery by the other parties thereto, constitutes a legal, valid and binding agreement of the City acting for and on behalf of the District and is enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization. moratorium and other laws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought; (ii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, ~rtd the Indenmre is exempt from qualification under the Trust Indenture Act of 1939, as amended: (iii) the Refunded Bonds have been defeased pursuant to the proceedings and documents executed in connection with the issuance and delivery of the Refunded Bnnds and the right, title any interest of the owners of the Refunded Bonds to the amounts pledge to the payment thereof shall there upon cease, be terminated and become void, (iv) the information contained in the Official Statement under the captions "Introduction", "The Refunding Plan". 'The Bonds". "Security for the Bonds". "Tax Matters", and APPENDIX B - "Summary of Principal Legal Documents" is accurate insofaz as it purports to summarize certain provisions of the Act the Bonds and the Indenmre; and (v) although (except as provided above) it is not passing upon and does not assume any responsibility for the accuracy, completeness or fairness of any of the statements contained in the Official Statement and makes no representation tha[ it has independently verified the accuracy, completeness or fairness of any such statements, during the course of preparation of the Official Statement, it met in conferences and had telephone conversations with representatives of the City, the Fiscal Agent, the Underwriter, their respective counsel, and others, during which conferences the contents of the Official Statement and related matters were discussed and that based on its participation in the above-mentioned conferences and conversations, and in reliance thereon and on the certificates, opinions and other documentti herein mentioned, it advises that no information came to its attention which caused it to believe that the Official Statement as of the date thereof and as of the Closing (except for any financial or statistical data or forecasts or property value included therein, as to which it need express no opinion or view) contained any untrue statemern of a material fact or omitted to state any material fact required to be stated therein or necessary m make the statements therein, in the light of the circumstances under which they were made, not misleading. -~- (5) A cettificate, dated the Closing Date and signed by an authorized ;epresentative of the City, certifying [ha[ (i) the representations and warrandes of the Cin~ and the District contained herein are true and correct in all material respects on and as of [he Closing Date with the same effect as if made on the Closing Date; (ii) to the best of his or her knowledge. no event has occurred since the date of the Official Statement affecting the City or the District which should be disclosed in the Official Statement for the purposes for which it is to be used in order to make the statements and information contained in the Official Statement with respect to the City and the District not misleading in any material respect; (iii) the Ciry has obtained all approvals, consents, authorizations, elections and orders of or filings or registrations with anv governmental authority, board, agency or commission having jurisdiction which constitute a condition precedent to the levy of the Special Tax, the issuance of the Bonds or the performance by the District of its obligations thereunder or under the Indenture, and Gv) the City has complied with all the agreements and has satisfied all the conditions on its pan to be performed or satisfied under this Purchase Agtument or the Indenture at and prior to the Closing Dace; (6) A cettificate, dated the Closing Date and signed by an authorized representative of the Agency, certifying that (i) the Agency is a public body, corporate and poiidc, duly organized and validly existing under the laws of the State of California with the full legal right, power and authority to carry out, give effect to and consummate the transactions on its pan contemplated by the Loan and Pledge Agreement; (ii) the Boazd of the Agency has duly authorized and approved the execution and delivery of the Loan and Pledge Agreement and has authorized and approved the performance by the Agency of its obligations contained in, and the taking of any and all action as may be necessary to carry out, give effect to and consummate the transactions nn its pan contemplated by, the Loatr and Pledge Agreement, and, at the Closing Date, the Loan and Pledge Agreement will constitute the valid, legal and binding obligation of the Agency and assuming due authorization, execution and delivery by other parries thereto. will be enforceable against the Agency in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other taws affecting the enforcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought (iii) the Agency is not in breach of or default under any applicable law or administrative rule or regulation of the Smte of California or the United States of America, or of any department, division, agency or insmrmentality of either thereof, or under any applicable court or adminisua[ive decree or order, or under any loan agreement, note, resolution, indenttue, wnvact. agreement or other instrument to which the Agency is a party or is otherwise subject or bound, which breach or default could materially and adversely affect the performance by the Agency of its obligations under the Lnan and Pledge Agreement (iv) no action, suit, proceedings, inquiry or investigation, at law or in equity, before or by any catrt, regulatory agency, public board or body is pending with respect to which the Agency has been served with pcocess, or to the knowledge of the Agency, threatened in any way affecting the existence of the Agency or the titles of their officers to their respective offices or seeking to restrain or to enjoin the performance by the Agency of its obligatons under the Loan and Pledge Agreement or in any way contesting or affecting dte validity or enforceability of the Loan and Pledge Agreement (v) to the best of his or her knowledge, no event has occurted since the date of the Official Statement affecting the Agency which should be disclosed in the Official Statement for [he purposes for which it is to be used in order to make the statements and information contained in the Official Statement with respect to the Agency no[ misleading in any material respect; (vi) the Agency has obtained all approvals, consens, authorizations, elections and orders of or filings nr registrations with any governmental authority, board, agency or -H commission having jurisdiction which constitute a condition precedent to tie performance by the Agency of its obligations under the Loan and Pledge Agreement. (?) An opinion, dated the Closing Date and addressed to the Underwriter, of counsel to the City, to the effect that (i) to the best of such counsel's knowledge, no action, suit, proceeding, inquiry er investigation, at law or in equity, before or by aay court, regulatory agency, public board or body is pending or threatened in any way affecting the existence of [he Ciry or [he District or [he titles of its or thou officers to their respective offices, or seeking to restrain or to enjoin the issuance, ssle or delivery of the Bonds or the application of the proceeds thereof in accordance with the Indenture or the collection or application of the Special Tax to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Indenture, the Resolutions, the Ordinance or this Purchase A¢reemen[ or any action of the City or the District contemplated by any of said documents or in any way seeking to challenge or affect the validity and enforceability of any governmental agreements or approvals necessary for the development of the property within the District (except as shall have been otherwise disclosed in the Official Statemenq or which challenges the exclusion from En•oss income for federal income tax purposes of interest paid nn the Bonds or the exemption of interest paid on the Bonds from State of California personal income taxation, nor to such Counsel's knowledge is there any basis therefor; (ii) the City is a municipal corporation duly organized and validly existing under the laws of the State of Califomia; and (iii) [he Ciry CouncB has duly and vaiidty adopted the Resolutions and the Ordinance at meeting:; of the City Council at which the Ciry Council acted, as the legislative body of the Dis~ict which were called and held pursuant to law and with all public notice requved by law and at which a quorum was present and acting throughout, and the Resolutions and the Ordinance are now in full force and effect and have not been amended: i8) An opinion, dated the Closing Date and addressed to the Underwriter, of counsel to the Agency, to the effect that (i) the Agency is a public body, corporate and politic, duly organized and validly existing under the laws of the State of Califomia with the full legal, right, power and authority to carry out, give effect to and consummate the transactions on its part contemplated by the Loan and Pledge Agreement, (ii) to the best of such counsel's knowledge, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency. public board or body is pending or threatened in any way affecting the existence of the Agency or the titles of its or thou officers to their respective offices, or seeking to restrain or to enjoin the payments to be made by the Agency pursuant to the Loan and Pledge Agreement, or in any way contesting or affecting the validity or enforceability of the Loan and Pledge Agreement or any action of the Agency contemplated by said document any way seeking to challenge or affect the validity and enforceability of the Loan and Pledge Agreement; (iii) the Board of the Agency has duly authorized and approved the execution and delivery of the Loan and Pledge Agreement and the Loan and Pledge Agreement constitutes the valid, legal and binding obligation of the Agency and assuming Jue authorization execution and delivery by the other parties thereto, is enforceable against the Agency in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors rights in general and to the application of equitable principals if equitable remedies are sought; and (iv) the Loan and Pledge Agreement creates a valid pledge of the "Surplus Tax Inc;reroent Revenues' (as defined therein), subject to the pmvisions of the Loan and Pledge Agreement. 9- (9) One counterpart original or copy cettitied by the City Clerk of the Ciry pf a transcript of al! proceedings relating to the authorization, issuance, sale and delivery of the Bonds; (10) A certificate of the Fiscal Agent, dated the Closing Date, to [.he effect that ii) the Fiscal Agent is duly organized and existing as a state banking a>rporation organized and existing under the laws of the State of California having the fid! power and authority to perform its duties under the Indenmre: (ii) the Fiscal Agent is duly authorized to accept the obligations created by the Indenmre and to authenticate the Bonds pursuant to the terms of the Indenmre: tiii) no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Fiscal Agent that has not been obtained is or will be required fo: the authentication of the Bonds or the consummation by the Fiscal Agent of the other vansactions contemplated to be performed by the Fiscal Agent in connection with the authentication of the Bonds and the acceptance and performance of the obligations created by the Indenmre; and (iv) ccmpliance with the tents of the Indenture will not conFlict with, or result in a violation or breach of, or constitute a default under. any loan agreement, indenture, bond, note, resolution or any other agreement or instmment to which the Fisca] Agent is a party or by which it is bound, or any ]aw or any rule, regulation, order or decree of any court or governmental agency or body having jurisdiction over the Fiscal Agent or any of its activities ar properties; (I 1) A certificate of the City, in a form aceepmble to Bond Counsel, that the Bonds are not arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 196G, as amended; (12) An verification report of _ relating to the defeasance of the Refunded Bonds in form and substance satisfactory to the Underwriter and its counsel; and (13) The opinion of Jones Hall Hill & White, A Rofessional Taw Corporation, San Francisco, California, counsel for the Underwriter, dated the date of Closing and addressed to the Underwriter, to the effect that (i) the Bonds are exempt from registration pursuant to the Securities Act of 1933. as amended, and the Trust Agreement is exempt from qualification as an indenture pursuant to the Trust Indenture Act of 1939, as amended, and fit) based upon examinations which it has made and its discussions in conferences with certain officials of the City and others with respect to the Official Smtement and without having undertaken to determine independently the accuracy, complemness or fatness of the statements contained in the Official Statement (including the Appendices attached thereto), nothing has come to its attention which would lead it to believe that the Official Statement (other than financial and statistical data therein and incorporated therein by reference, as to which no opinion need be expressed) contains an untrue statement of a material fact or omits [o state a material fact necessary to make the statements therein, in the light of the cvcumstances under which they were made, not misleading. (14) Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the Clcsing Date, of the statements and information contained in the Official Statement, of the City's and the District's represenutions and warranties contained herein and the due performance or satistaction by the Ciry and the District at or prior [o the Closing Date of all agreements then to be performed and all conditions then to be satisfied by the City and the District in connection with the transactions contemplated hereby and by the Indenmre and the (~'ticial Statement. -IP If any of the conditions to the obligations of the Underwater contained in this section or elsewhere in this Purchase Agreement shall not have been satisfied when and as reyuired herein, all obligations of the Underwriter hereunder may be terminated b}' the Underwriter at, or at any time prior to, the Closing Dale by written notice to the City. 4. Conditions of the City's Ooligations. The Cit}'s obligations hereunder are subject to the Underwriter's performance of their obligations hereunder, and are also subject to the following conditions: (a) A.c of the Closing Date, ne litigation shall be pending or, to the lmowledge of the duly authorized officer of the City executing the certificate referted to in Section 3(c)(5) hereof. threatened, to restrain or enjoin the issuance or sale of the Bonds or in any way affecting any authority for or the validity of the Boads, the Indenture, the Loan and Pledge Agreement or this Purchase Agreement or the existence or powers of the Ciry er the District or the Agency; and (b) As of the Closing Date, the approving opinions of Bond Counsel referred to in Section 3(c)(3) and 14) hereof, shall be delivered, dated as of the Closing Date. 5. Expenses (al The Underwriter shall be under no obligation to pay, and the City shall pay or cause to be paid (out of any legally available funds of [he City), all expenses incident to the performance of the City's obligations hereunder, including, but not limited to, the cost of printing, engraving and delivering the Bonds to the lnderwriter, the cost of printing. distribution and delivery of the Preliminary Official Statement, the Official Statement and all other aareemenes and documents contemplated hereby (and drafts of any thereof) in such reasonable quantities as requested by the Underwriter; and the fees and disbursements of the Fiscal Agent and registrar for the Bonds and Bond Counsel and any accountants, engineers or any other expem or consultants the Ciry has retained in connection with the Bonds; and (b) Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall pay, the cost of preparation of any "blue sky" or legal investment memoranda and this Purchase Agreemen4 expenses to qualify the Bonds foi sale under any "blue sky" or other state securities laws; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds (except those specifically enumerated in paragraph (a) of this section), including the tees and disbursements of its counsel, any advertising expenses and any CDAC fees. 6. Notices. Any notice or other communication to be given to the City or the Distract under this Purchase Agreement may be given by delivering the same al writing at the City's address set forth above, Attention: City Manager and any notice or other communication to be given to the L`noerwnter under this Purchase Agreement may be giver. 6y delivering the same in writing to Stone & Youngberg, 50 California Street, San Francisco, Calitomia. -II- 7. Parties in Interest. Thrs Purchase Agreement is made solely for the benefit of the City, the District and the Underwriter (including their successors or assigns), and no other person shall acquire or have any right hereunder er by virtue hereof. 8. Survival of Representations and Warranties. The representations and warranties of the City and the District set forth in or made pursuant tc this Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the completion of performance of this Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the District and regardless of delivery of and payment for the Bonds. 9. Effective. This Purchase Agreemem shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the District and the Ciry and shall be valid and enforceable as of the time of such acceptance. This Purchase Agreement may be signed in counterpart, by each party. 10. No Prior Agreements. This Purchase Agreement supersedes and replaces all prior negotiations, agreements and understandings between the parties hereto in relation to the sale of Bonds. 11. Governing Law. This Purchase Contract shall be governed by the laws of the State of California. Very wly yours, STONE & YOUNGBERG ay ACCEPTED: CITY OF RANCHO CUC.AMONGA FOR AND ON BEHALF OF COMMUNITY FACILITIES DISTRICT N0. 84-I (DAY CREEK DRAINAGE SYSTEMI By Iz- APPENDIX A ,~ MATURITY SCHEDULE Year Au t 1 Principal Amount Interest Rate TOTAL A-I PRELIMINARY' OFFICIAL STATEMENT DATED _, 1992 1F,W'ISSi.T. NO 0.ATL~G Ic tAr npnrr o/Br n. Uirm d Heen~Air. Sen U:eM. Cab/nrn:c Aone Ceumrl, uWrr tar la..v r F W^f,ao rWmY all ryd cin; drnaVOn i,n7i an rAt da4 arimir I drl~ en of rAr A nev. ell a mn8 t nu;n; romplmn[e 'ntF t o- eeudard M1nnnj;ntern! an IM1e Bo,N, r, r n[I WaDle m !M pn r m. ^,.ran, nr;rer.m' Ina n;:e , ^ n.". nom. yrr; r c,r ro.ron, `7 rn. )rd.mr ;ne~;~;,m <mPar 1. er.nma, mGlm~ raetiwgA snot<c~~ a Darr r: m~~ rm,`ennesr ~:: Hire m rcT:rnunar en,rre ml r r.inq, ,.Arn to re,ag per a~r.namr mn:mem ,` ~' r n~ ¢f ^r,r.n ar ~tm : m ~ nr <a<.mnnRrtr mnr. irrtrrar air a. mor. pmnrW. r. dr,vla:e .Harr rM1 rararn 'TAX MCTr£RS~M1n.m~rraleorAr Jaribr ov:man o,( BoeJ Caunrer~ ,rA .n,. :r u e emP: Fam .U^rr of ~ea!/areia pmena( mmmr men Sre 'TAX M.1 rRSl.f' Nnnn t Cits' of Rancho Cucampoga. e Commuuih_ Facilities District No. 8d-1 (Uey Creek Drainage h'sleml. 1993 REF'UNDSNG SPECIAL TAX BONDS alma: ALM I. IMS Da.: AwI~A I. ue6own 6Mav TM BmN v< MinA iunrl ;n fully rtd:'IrrtE .`o u;,Mu: cwrym. in f dm n;im of $5.000 vtl Ir nxgnl multiple Gmrto(. Inurtn m :Im BmN in pny<bie mmueveully ac F<brvm 1 ntl Aud'+vt 1 of ewF. >eu. c cmq AuBV+: 1. 1991 muh m "Imertu Peymen; one'). by eMCk ^; Pmk of Amens NagW Tw: erg $nvy Aau;n;;on. o F1xu Aper:: IJ;<'Tiui Ader':'~mellea on eecl: In:amr Pevmr:,l 0.¢b _4 :egirtrtd Duren n o! Ne ffYenlF ulmdm deY of Ne mmtF pen m ewh Inmm: Peymem 0.u Pdrc,Pe: and erem;um, 'r a w;:b rtyea b i1t M+d..ill br pev.blu; m.mn;> m upon culler lehmpuon n Ux ptinCipe.' a(lia of N< F;va:' Ad<n_ m Im Myle0. C.I:lomu tLe Band. are wbJ«I to oplbrcl Memplbn .nd mwakltry rtdewptbn prior b m.la<Iry u Ma'rlMd 4re1¢ Tlm Bood< vx iped pu,w.n: b Ne M<Ilo-Bow Commwi:y Fer;liuu An a! 19A1, u.mmaed. co,mimling :ectimm 5)111, r erg.. of Je Gmwmmm: Catle of IM Suu of Cel:fomu rIM'Md:oRcm A41, n rteluaon ^f ,h< Ci:. Carol a!:M Clly of P.xM Cv¢mw;ge, r.'v:g (mW w trial( of Coamunily FcJNo Uamc: 90 861 IA. Crtek Uev.Ye Sya1em11Ne "Aatr,c['1 ud rtfinet b Fert;n u 4e 'tuer", tloPnd on ____, 193'_ INC 'Rmlmwn"1 uM . Boll InhnNrt, d<¢d a of Mu<!: I. 19931ti:e ' w: IrvYn;ure'1, ar mJ Se;vten the Iwer end J:e T,rua, b prw:de fimL !ar IM puryvm o! tlvuar rtfwWi:y ve ousgd;n{ primgi emwm of :Ae h:t of Amlcho Cuumorµn Glitorrie ISmt Bem.N;aa Cwn:v, GLfom,.l Comm;mi;v Fcilnw ganin 8^. 61J Ins) clvk Dun.pe $yeteml 5pecul iu NmM Smee "A" moved m Jv wigirul pnMry4.mwnt oI SIB.CM.~01 W 'Prim BmL"), b (rod a Remrue Wed mi b Wy mO o! wmF at Panae TAe '{mel p:am<de of Ne Pnor Bard. xrc amt m fnen < w< <mnnmam uL .cquu,m of n n publk apiul impmremmm m fuller emmi6ee norm tut'am<r: i. s,r'~ rnsPwe'r.'me Bares Rnlmr' nert:n < 11t ema. K wrnbk Dam w mwrte by • PI<e{e ar al mrwn Plm<me. of mmrw meow tur+twe ^51maw r.xe; 9 eNmn¢d weer are Mrua-Bros An me m tr In~ka m mW vnpent, w,wn u4 mwnn m .rwwn¢ wlm :ne rt,prmr< p,omeainy trm 6Y ua C1y rm at welwlmrnt or um many 161 emwnu rt¢;r<d by IM Cary (m¢ Ju. Redrvelo^mrn: Aaercv of J,e I:nv o! IL,tha LL<emmn nwnw; tan (un and Pledne Anrtee,ent lcl ,k nuounm x dev~i, :n m MY MrtlO 'ITis m.er pge eem toll limivd m(nmmw. miJ: mPec: m :ne Bq;dr e,d ,e nmMv1 for Ilmind danpti^n ud nhnree mlv, M iNmae n eel Coll m Nm [mer yae a no: andeL b h n of Ne'NOrmwon conlemef ;n We q`nul Smnmmt W N rrapae b Jw BmG ell punnvn a( Ve Bondr edvird w .d tom M(i<ul Smmev: Inv rtly ao ohuin ;rPorracum a uel w v.kFng nr i formed mvutment 4rv,on wiN rtepu'1 b Ne purcbae of m Bmda Ss Ne mctiq: of N:. O!ncu: Sm¢ment enL:led "SPECLV. RISA FACTORS" Im r d;rurim M Yn rit feewn tAn enwld be eanuhled, in Mdilwn b ahtr mmmn m: toll Mme. m aeluwd Jm Immment 9aW::y of IM Bond. Mnnwn' scm'mT.n s Sarkl Bwa. P.. nt Pn m: 0.m Pnnc10J Navt Rim per Rimpl Intent IT're or L•.u°,n: ' dm4Ln1 Bek Hrld IAUtdlll) Aaeao{ 8Cg Yis1G f P b f !F s _n rrrm mna ax no{am i, _. mm _: s .s rrrm sa.ar ex An{mm I, _~ Fr1a -4 ryl.e ammo lalm.m rrmn M.e<6 1. swdl TM Bmdr ert offrrtJ when. u <nJ :( luaed nJ ecagrd bl Yw pumbew Ihermf wWf[et b W elq~ovk of kyli[y of Broxn Uven R Hmtmbke, S<n ni<{a, C<Lfmmle, Boll fo+n¢6 end rubjen m «rnn olhe< mnd;ome C<Nin kdel mev<n III le yvd uA^ for Ibe Undervnw 6y lorcr Nall Hill S WN:r. A Prolrm:arul I,ew t'omonvan Ln F,w.,tn. Glifwnn, II u en;m,Y W Ib.: IM Bonb wll 4 wnlebk fm d<liv<rY m m ebou: STONE & YOUNGBERG WvJ MncF __. 1998 Preliminary, aubJect to change. TABLE OF CONTENTS Eagc E~'TRODUCDON .................................................................................................. .................................J THE REFUNDING PLAN ..................................................................................... ...................................7 THE BO\'DS .............................................~.......................................................... .................................R Description of the Bonds ............................................................................ ...................................8 Optional Redemptrnn .................................................................................. .................................ft Mandalon Sinking Fund Redemptiou ............................................................ .................................9 Selecnon of Bonds for Redrmpnoo ................................................................ .................................9 Notice of Redemption ................................................................................. .................................9 RegisVation of Exchange or Trausfec ................_........................................ ....................................10 Mutilated, Losl, Dcstroyctl or Sloleo BouUs ................................................. .....................................10 Addidottal Boud ........................................................................................ .................................IO SOURCES AND USES OF F[iNDS....._ ................................................~............... ...................................I1 DEBT SERVICE SCHED:ILF ................................................................................. .................................11 SECfiRffY FOR THE BONDS ............................................................................... .................................12 General .................................................................................................... ..................................12 Special Taxes ........................................................................................... ..................................12 Proceeds of Foreclosure Sales ....................................................................... .................................13 PROPERTY VALUE ............................................................................................. .................................I4 Reserve Pund ............................................................................................ ..................................14 Ageoc) Paymeots ..................................................................................... ...................................14 SPECIAL RISK FACTORS ........................................~.......................................... ..................................IR Ixvy and Collection of Spenal Taxes .......................................................... ....................................IR Depletion of Reserve Fund ........................................................................... .................................19 Agency Payments ..................................................................................... ...................................I9 Foreclosure aoU Salc Praeedings ............................................................... ....................................19 Factors Affecting Parcel Value and Aggregate Valua ....................................... ..................................20 Other Possitrle Claims Upoo the Value of a Taxed Parcel .............................. ......................................21 Bankruptcy Procccdtugs ............................................................................... .................................22 Payment n(Ihe Specral iaxes ...................................................................... ..................................22 No Acceleration Provtsion.._ ...................................................................... ..................................23 Lass of Tax Excmption .............................................................................. ..................................23 THE DISTRICT .................................................................................................... .................................23 The Prnycct .............................................................................................. .................................23 Property' Ow~ucrshiP ................................................................................... ..................................24 Rate and Method of Apportionrrcnt of Special Taxes ....................................... ..................................24 Direct an6 Overlapping Indebtedoess ............................................................ ....................................26 CERTAIN LEGAL MA ITERS ............................................................................... ..................................27 NO RATING ........................................................................................................ ..................................27 PROFESSIONAL FEES ........................................................................................ ..................................27 UNDER WRRWG ................................................................................................ ..................................27 NO LITIGATION ................................................................................................. ...................................27 VALIDATION ...................................................................................................... ..................................27 7'AX MATTERS .................................................................................................. ..................................28 MISCELLANEOUS .............................................................................................. ..................................30 APPENDIX A: CITY OF RANCHO CUCAMONGA APPINDIX B: THE REDEVELOPMENT AGENCY OF T}IE CffY OF RANCHO CUCAMONGA APPENDIX C: SUMMARY OF DONL INDENTURE APPENDIX D; RATE AND METHOD OF APPoRTIONM~J' Ji' OF SPECIAL TAXES APPENDIX E: FORM OF BOND COUNSEL OPINION No dealer. broker, salesperson or other person has been authorized by the Issuer to giyr any information or to make any representations other than those contained herein and, if given or made, such other information or representation must not he relied upon as having been authorized by any of the foregoing. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor will there be any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer, solicitarion or sale. This Official Statement is not to be construed as a contract with the purchasers of the Bonds. Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion, whether or not expressly so described herein, aze intended solely as such and are not to be construed as :epresentations of fact, and are subject to revision, amendment and completion N a final Official Statement The information set forth herein has been obtained from sources which are believed to be reliable, but is not guaranteed as to accuracy or completeness, and is not to be construed as a representatior. by the City of Rancho Cucamonga. The information and expressions of opinion herein aze subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder will, under any circumstances, create any implication that there has been no change in the affairs of the Issuer or any other parties descrbed herein since the date hereof. This Official Statement is submitted in connection with the sale of Bonds referred to herein and may not be reproduced or used, in whole or in pan, for any other purpose. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVER ALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL iN THF. OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY RE DISCONTINUED AT ANY TBvtE. CITY OF RANCHO CC'C.4MONGA .~ CITY COCNCIL AND REDEVELOPMENT AGENCY BOARD Dennis L. Stout, Mavor~Chav 14'iliiam Alexander. Mayor Pro-Tem,Nice Chair Charles 7. Buyuet II, Councilperson/Member Pamela?. Wright, Councilperson/Member Diane Williams, Councilperson/l~7ember CITY STAFF Jack lant. City Manager Linda D. Daniels. Deputy City Manager ]erry B. Fullwood. Deputy City Manager lames Frost, Treasurer Jim Hart, Administrative Services Director Duane Baker, Assistant to the City Manager PROFESSIONAL SERVICES Brown, Diven & Hentschke, San Diego, California Bond Counsel Heldman, Rolapp & Associates Irvine, California Finannal Advisor Bank of America Los Angeles, California Fiscal AgeN iti z~ U n.. ' ' C~.3 (~ ~° D Q i ~J ._„L ,,. ti 1 ~~ Z ~ v° Q s ~~ ~o ~~4 'C; -Cn ~~ ~ s __ ~ ~~ _~_,---_..._ ~ ~F OFFICIAL ST.47EM11ENT Relating to R City of Rancho Cucamonga, Community Facilities Dish•ict Fo. 84-1 (Day C: eek Drainage S}stem), 1992 REFUNDING SPECIAL TAX BONDS INTRODUCTTON This Official S;atemenL including the cover page and appendices hereto, provides information regarding the issuance by the City of Rancho Cucamonga lthe 'issuer") on behalf of me Community Facilities District No. 84-I (Day Creek Drainage System) (the "District") of $ 'principal amount of Rancho Cucamonga Community Facilities District No. 84-1 (Day Creek Drainage System), 1992 Refunding Special Tax Bond; (the "Bonds"). The Bonds are limited obligations of the Issuer issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, constituting sections 53311, et seq., of the Government Code of the Smte of California (the "Mello-Roos Act") and proceedings taken by the City thereunder. The proceeds of the Bonds will be used to advance refund the outstanding principal amount of the Ciry of Rancho Cucamonga. Califomia (San Bernardino County. Califomia) Community Facilities District No. 84-1 (Day Creek Drainage System) Special -fax Bonds Series "A" issued in the original principal amount of $IB.000,000 (the "Riot Bond's"). See "THE REFUNDING PLAN" herein. The proceeds of the Prior Bonds were used to finance the construction and acquisition of certain public capital improvements (the "Project"). See "THE DISTRICT-The Projeci' herein. Definitions of certain terms aced in this Official Statement are set forth in APPENDIX C - "SUMMARY OF BOND INDENTURE" attached hereto. This Official Statement contains brief descriptions of, among other things, the Bonds. the Project, the District, the City of Rancho Cucamonga (the "City"), trio Redevelopment Agency of the City of Rancho Cucamonga (the "Agency") and other information together with summaries of certain provisions of the Bonds and the Bond Indenture (as such term is defined herein). Such descriptions and information do not purport to be comprehensive or definitive. AB such descriptions are qualified in their entirety by reference to such documents, copies of which are available for inspection at the office of the City of Rancho Cucamonga, 9320 Baseline Road, Suite C, Rancho Cucamonga, California, 41739. The Mello-Roos Act was enacted 6y the Califomia legislature to provide an alternate method of funding certain public capital facilities and services. Once duly established, a community facilities district is a legally constituted governmental entity within defined boundaries. with the legislative body of the local agency acting on its behalf. Subject to approval by a Iwo- thirdsvote of the voting qualified elenors of the community facilities district and compliance with provisions of the Mello-Roos Act, a legislative Mdy of a local agency may issue bonds for a community facilities district and may levy and collect a special tax within such district to repay such indebtedness. • PreLminary, suhjcct In change. Pursuant n> [he McL'o-Roos Act. the Cin Council of the City of Rancho Cucamonga tthe,~ "Ci[y Council"I, airing in its capacity as the legislative body of the ~Distric:, adopted a resolution stating in intent to establish the District, to authorize the levy of special taxes idte "Special Taxes" or the "Special lax"1 nn land within the boundaries of the District, and to have the District incur bonded indebtedness Following public hearings ronducted pursuant to the Melb-Roos Act, the Ci[y Council adopted a resolution establishing the District and calling special elections to submit to the qualified electors of the District the propositions authorizing a levy of the Special Taxes and the incurring of bonded indebtedness in an aggregate principal amount not to exceed 520,225,000. At elections held pursuant to the Mello-Roos .4ct, the landowners who comprised the qualified electors of the Distriu authorized the District to incur such bonded indebtedness and approved the leey of Special 9'axes pursuant to the Rates and Method of Apponiorment of Special Taxes (the 'Rate and Method"1 for the District The Special Taxes were levied against land within the District pursuant u[ Ordinance No. 263 of the City adopted June 5, 1945 (the "Ordinance"), to pay the principal of, and interest on, the authorized bonded indebtedness. See "THE DISTRICT' -- Rate and :Method of Apportionment of Special Taxes" hereir, and APPENDIX D - "RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES" attached hereto See also "SECCRITI' FOR THE BONDS" herein. The Bonds are issued pursuant to a resolution of the Issuer adopted nn _, 1992 and a Bond Indennve, dated as of March 1.1992. (the "Bond Indenture") between the Issuer, and Bank of America National Tnrst and Savings Association, as Fisca] Agent (the "Fiscal Agent"). The Bond Indenture establishes a Special Tax Fund to be held by the Fiscal Agent for the deposit [herein of Net Taxes (as hereinafter defined) received by the City for the District. The Bond indenture provides that the tier Taxes mceived by the City for the District shall be transferred to the Fiscal Agent within ten i i0) days of receipt of Gross Taxes "Net Taxes" is defined in the Hond Jndenture ut mean Gross Taxes (which includes (i) all Special Taxes (ii) proceeds from the sale of property collected pursuant to the foreclosure provisions of the Mello-Roos Act and the Bond Indenture for the delinquency of Special Taxes, and fill) a0 amounts received by the District or the City under that certain Loan and Pledge Agreement between the City and the Agency) minus Administrative Expenses. Amounts in the Special Tax Fund shall be transferred to the Bnnd Service Fund prior to each Interest Payment Date to be applied to the payment of the principal of and interest nn the Bonds. In the event that amounts in the Bond Service Fund are not sufficient on any Interest Pa, ment Date to pay principal and interest then payable, the Fiscal Agent shall withdraw from the Reserve Fund amounts required for such payment. All moneys in the funds and accounts established pursuant to the Bond Indenture (other than the Excess Earnings Fund) shall be subject to a lien in fa~ror of the Issuer for the benefit of the owners of the Bonds. All of the Bonds will be on a parity with each other and are payable from and secured by a pledge of Net Taxes and the amounts on deposit in certain funds and accounts held under the Bond Indenmre, including the Reserve Fund. See "SECIi RITY FOR THE BONDS" herein. In December. 19R1, the Agency established the Rancho Redevelopment Project (the "Redevelopment Project') in and area consisting of approximately B.SOD acres (the "Redevelopment Project Area"). The primary purpose of the Redevelopment Project is the elimination of certain existing conditions, such as improper drainage and exposure to Floods, which have caused lack of proper utilization of land within the Redevelopment Project Area. Because the drainage and Flood control improvements financed with pra~eeds of the Prior Bonds were to promote the objectives of the Redevelopment Project the Agency and the City entered into a Loan and Pledge Agreement dated as of August 1. 1985, as amended and supplemented, (the "Loan and Pledge Agreemeni) pm'suant to which the Agency pledged to the payments due thereunder (the "Agency Payments") certain excess tax increment revenues (the "Surplus Tax Incremem Revenues") derived from the Redevelopment Project and allocated to the Agency pursuant to the California Health and Safety Code (Section 3300(1 et seq.l (the "Redevelopment Law"). The Agency's pledge of Surplus Tax Increment Revenues is subordinate to the pledge of tax increment revenues securing outttanding debt of ttte Agenry and is subject to certain othey limiwtions, al! as more fully describ_d in the sections entitled "SECL'RIT\' FOR THE BONDS - Agency Pa}'mentti' herein. Specia! Taxe.c levied by the Issuer will be included nn the regular prepem tax bills sent to the owners of record of property within the District. The Issuer has covenanted that, under certain circumstances described herein, the Issuer will commerce judicial foreclosure proceedings with respect to delinquent Special Taxes on propeny within the District following an annual review of the amount of Special Taxes collected and will diligently pursue such proceedings to completion. See "SECURITY' FOR THE BONDS -Proceeds of Foreclosure Sales" herein. On b7ay R. 1985. the Superior Court of the State of California in and for the County of San Bernardino entered a default judgment in a validation suit file by the Ciry. Among other things, the judgment declared the Special Tax securing the Bends constitutes a valid and binding special tax of the District under the provisions of the State Constitution and that the Agency's pledge of the Surplus Tax Increment Revenues under the Loan and Pledge Agreement constitutes a legal, valid and binding obligation of the Agency subject to cetain senior obligations of the Agency. See "JUDICIAL V ALIDATiOti 'herein. THE FAITH AND CREDIT OF THE CITY, THE AGENCY, SAN BERNARDINO COUNTY, THE DISTRICT, THE STATE OF CALIFORNIA OR ANY POLITICAL SUBDIVISION THEREOF, IS NOT PLEDGED TO THE PAYMENT OF THE BONDS. EXCEPT FOR THE AMOUNTS, INCLUDING NET TAXES AND AMOI~NT5 HELD IN THE FUNDS AND ACCOUNTS ESTABLISHED BY THE BOND INDENTURE, PLEDGED TO THE PAYMENT OF' THE BONDS PURSUANT TO THE BOND INDENTURE, NO OTHER AMOUNTS ARE PLEDGED THERETO. THE BONDS ARE NOT GENERAL OR SPECIAL OBLIGATIONS OF THE CITY, THE AGENCY, SAN BERNARDINO COUNTY OR THE DISTRICT OR THE STATE OF CALIFORMA, BUT ARE LIMITED OBLIGATIONS OF THE ISSUER. The assessed valuation of the propeny within the District as of February 1. 1992, is $RR0,691.302. For a discussion concerning the location and descripron of the District. propeny ownership within the District, and the direct and overlapping indebtedness of the District, see "7~HE DISTRICT"' herein. See the section of this Official Statement entitled "SPECIAL RISK FACTORS^ for a discussion of the special factors which should he considered, in addition to the other matters set forth herein, in considering the investment quality of the Bonds. THE REFUNDING PLAN The proceeds of the sale of the Bonds will be applied, together with certain other moneys available to the Disrict under the resolution secuting the Prior Bonds, to make deposits to the Refunding Fund established pursuant to the Bond IndenNre for application pursuant to an Escrow Trust Agreement (the "Escrow Agreement') dated as of March 1. 1992, between the District and Bank of America National Trust R Savings Association (the "Escrow Trustee"1. Moneys in the Refunding Fund will be applied to the advance refunding of the Prior Bonds on August 1, ]992, pursuant to said resolution and the Escrow Agreement. The moneys in the Refunding Fund, together with investment earnings thereon, will be held to pay the outstanding principal and premium of, and interest on. the Prior Bonds on August 1, 1992, and will not be available to pay the -onds. THE RO;vDS Description of the Bonds The Bonds will be issued in the aggregate principal amount of $ ', and will bear interest at the rates and mature N the amounts and on the dates sec forth on the cover page of this Offacia] Statement The Bonds will be issued in fully registered form. in denominations of $5.(MK1 each or arty integral multiple thereof. The Fiscal Agent will maintain at its principal office in Los Angeles, California. books for the registration, exchange and transfer of the Bonds. Interest on the Bonds will be payable semiannually on Febmary 1 and August ] of each .year. commencing August I. 1992 (each, an "Interest Payment Date"), by check mailed on each Interest Payment Date to the Owners whose names appear on the registration books of the Fiscal Agent as of the close of business on the fifteenth calendaz day of the month preceding each Interest Payment Date (a "Record Date') or by wire transfer made on such Interest Payment Date upon the written instructions of any owner of $1,000,000 or more in aggregate principal amount of the Bonds. Principal of and premium, if any, on the Bonds is payable in any roin or currency of the United States of America, which, on the respective dates of payment thereof, is legal tender for the payment of public and private debts, and at maturity or redemption upon presentation and surrender thereof at the principal trust office of the Fiscal Agent in Los Angeles. California. The Bonds will be dated as of March 1, 1992 and will bear interest (calculated on the basis of a 360-day year comprised of twelve 30-day months) from the Interest Paymen[ Date next preceding the date of authentication thereof, unless (a) it is authenticated after a Record Date but prior to the immediately succeeding Interest Payment Dare, in which event it shall bear interest from such Interest Payment Date; M ib) it is authenticated prier to ]uly I5, 1992, in which event it shall bear interest from the dated date of the Bonds; provided. however, that if, as of the date of authentication of arty Bond, interest thereon is in default. such Bond will bear interest from the last Interest Payment Dale to which interest has previously been paid or made available for payment thereon or from the dated date of the Bonds if no interest hat been paid or made available fox payment. Redemption The Roods maturing on or after August 1, _ are subject to optional redemption prior to they sorted mamriry on any Interest Payment Date on or after August 1, _, in whole, or in part in inverse order of mamrty and by lot w'Ihin a single mamriry, at a redemption price as set forth below (expressed as a pen:enmge of the principal amount of the Bonds to be redeemed), together witl; acc7tted interest thereon to the date fixed for redemption: Redemption Dates Redemption Prices August I, _ _ or Febmary L ___. August 1, _ or February I, _ August 1. _ or Febmary 1, August 1, ! and thereafter S1,indaton Sinking Fund Redemption The Roods maturing on August 1. _, are subject to mandatory redemption prior to their mamrin~ at a redemption price of IODSc of the principal amount thereof to be redeemed plus' accrued interest thereon to the redemption date. without premium, im each August 1. commencing August I, in u'te principal amounts and on the scheduled mandatory redemption dates as follows: Redemption Dates Principal Redemption Dates Principal Au u t l Amount Au u t] t nt The Bonds maturing on August 1, , are subject to mandatory redemption prior to their maturity at a redemption price of 1(p9c of the principal amount thereof to be redeemed plus accrued interest thereon to the redemption date, without premium, on each August 1, commencing August I, , in the principal amounts and on the scheduled mandatory redemption dates as follows: Redemption Dates Principal fAuQustit Amount • Maturity $glection of Bonds for Redemption If less than all pf the Bonds outstanding are to be redeemed, the portion of any Bond of a denomination of more titan $5.000 or a multiple thereof, and that, in selecting portions of the such Bonds for redemption, the Fiscal Agent shall treat each such Hond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $S.Ot70. The Fiscal Agent shall promptly notify the Issuer in writing of the Bonds, or portions :hereof, selected for redemption. Notice of Redemption The Fiscal Agent shall, at least thirty (30) days but no more than sixty (60) days prior to the date of redemption, mail notice (the "Redemption Notice") of the redemption of the Bonds by first class mail, postage prepaid, to the respective owners of the Bonds at the addresses appearing on the Bond registry books. Such Redemption Notice shall specify: (a) the Bonds or designated portions thereof which are to be redeemed, (b) the date of redemption, (q the place or places where the redemption will he made, including the name and address of any redemption agent, Id) the redemption price. (e) the C71SH' numbers fif any) assigned to the Bonds to be redeemed, ff) if less than al] the Bonds of a mamriw are to 6e redeemed. the Bond numbers of the Bonds (or porticz4s thereof) to be redeemed. and (g) the original ~,S~~,ua date, interest rite and stated maturity date of each Bond m he redeemed in whole or N part, Such Redemption Notice shall further state that on the specified date there shall become due and payable upon each Bond or portion thereof being redeemed the redemption price. together with interest accrued to the redemption dare, and that from and after such date interest thereon shall cease to accrue and be payable. Further notice of such redemption shall tx given by the Trustee to certain registered securities depositaries and national information services as set forth in the Bond Indenture. Neither failure to receive any Redemption Notice nor any defect in such Redemption Notice so given shall affect the sufficiency of the proceedings for the redemption of such Bonds. Reyisuation of Exchange or Transfg The Bonds may he transferred or exchanged by the Owner or his duly authorized attorney upon presentation and surrender of the Bonds at the principal office of the Fisca] Agent in Los Angeles. California. I'he Fiscal Agent. however, is not required to register the transfer or exchange of any Bond during the period from fifteen days next preceding the date of any selection of Bonds to be redeemed or any Bond chosen for redemption. The Fiscal Agent will collect from the Owner requesting such transfer or exchange any tax or other governmental charge required to be paid with respect to such transfer. The Fiscal Agent will deliver a new Bond or Bonds in an equivalent aggregate principal amount of authorized Bond denominations of the same mamrty. Mutilated Lost Destroyed or tolen Bond If any Bond shall become mutilated, the Fiscal Agent shall authenticate and deliver a new Bond in replacement thereof of like tenor, date, maturity and amount upon surrender to the Fiscal Agent of the Bond so mutilated. in the case of a lost. stolen or destroyed Bond. the Fiscal Agent, upon satisfactory evidence of such loss. desmtction or theft and if an indemnity satisfactory to the Fiscal Agent is given, shall authenticate and deliver a new Bond of like tenor and maturity, numbered and dated as the Fiscal Agent shall determine in lieu of and in substitution for the Bond so lost destroyed or stolen. The Fiscal Agent may charge the owners of the Bonds for reasonable fees and expenses in connection with replacing mutilated, lost, or destroyed Bonds. Additional Hondg The Bond Indenture provides that the Ciry Council acting for and on behalf of the District may provide for the issuance of Additional Bonds for the purpose of paying the costs of the construction or acquisition of the Project The principal amount of such Additional Bonds together with the principal amount of Bonds offered hereby, shall not exceed 820.225,000, the aggregate principal amount of Bonds authorized to be issued and delivered by the District. See APPENDIX C - "SUbIMARY OF BOND INDEN"iLRE"attached hereto. 10 SOURCES AND USES OF FUNDS The table below sets forth the estimated sources and uses of the proceeds of the Bonds. excluding accrued interest, and ocher amounts held as seventy for the Prior Bonds: TABLET areas f ponds: Principal Amount of Bonds $ Amounts Held as Security for the Rior Bonds (1) Total Sources $ Uses of Funds: Refunding .4cwun[ $ Reserve Fund Costs of Issuance Account Underwriter's Discount Total Uses $ i 11 Includes amounts held in the {ands end accounts esublished by the rtaolation for the Vrior Bonds. DEBT SERVICE SCNEDUT.E The following table presents the debt service schedule fnr the Bonds, assuming no redemptions are made. TABLE2 Year Ending Principal {AIVL$r I1 BB74BIIt Ituetssl Total 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 TOTAL SECt'RIT1' FOR THE BONDS ner I The Bonds are secured by and payable from a pledge of the Special Taxes collected by the San Bemardino Counn~ Treasurer-Tax Collector from the owners of the taxable real propery within the District. from amounts received from the .Agency pursuant !o the provisions of the Loan and Pledge Agreement, from the proceeds of any foreclosure actions brought following a delinquency in the payment of the Special Taxes, and from amounts held in certain funds and accounts held under the Bond Indenture. The Bonds are not secured by any amounts on deposit N the Excess Earnings Fund. NEITHER THE FAITH .4ND CREDIT NOR THE TAXLNG POWER OF THE DISTRICT, THE CITY. THE AGENCY. SAN BERNARDINO COUNTY, THE STATE OF CALIFORN]A OR ANY POLITICAL SCBDI VISION OF THE FOREGOING IS PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE LIMITED OBLIGATIONS OF ISSUER. Scecial Taxes The Bonds are secured by and payable from the proceeds of the Specia] Taxes, including any scheduled payments and any prepayments thereof, interest and penalties thereon. and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of Special Taxes to the amoant of said lien and interest and penalties thereon. The Special Taxes are exempt from the tax rate ]imitations of California Constitution Article XIIIA pursuant to Section 4 thereof as a "special tax" authorized by atwo-thirds vote of the quali£ed electors of the District. Consequently, the Ciry Council hxs the power and is obligated. pursuant to the covenants contained in the Bond Indenture, to cause the levy and collection of the Special Taxes annually in an amount determined according to the Rate and Method for the District up to the maximum permitted by the Rate and Method. The Special Taxes thus levied and collected will be used to pay the principal of and interest nn the Bonds, plus the amount, if any. necessary to replenish the Reserve Fund to an amount equal to the Reserve Fund Requirement established by the Bond Indenture. The Rate and Method provides for a maximum annual Special Tax of $550 per taxable acre of property. The taxable acres of property owned by any one progeny owner may be calculated after deducting any dedication of property to public use by such property owner. As a result, as undeveloped property within the District is developed and portions of such land are dedicated to public use, the aggregate amours[ of taxable acres of property within the District may be reduced. To date, the Ciry has imposed each yeaz a Special Tax in the amount of $350 per taxable acre and any additional amounts necessary to pay thz principal of and interest on the Prior Bonds have been paid from amounts paid to the City by the Agency pursuant to the Loan and Pledge Agreement. For a discussion of amounts available to the Agency for purposes of meeting its obligations under the Loan and Pledge Agreement see "Agency Payments" below. Because the Special Tax Iev}~ is limited [o the maximum Special Tax rates set forth in the Rate and Method, no assurance can be given that, in the event of Special Tax dclittquencies, the receipts of Special Taxes will, in tact, be collected in sufficient amounts in any given year to pay the Bonds and all other obligations of the Issuer. The Special Taxes levied will be collected in the same manner and at [he same time as ad valorem property taxes are collected by the San Bemardino County Treasurer-Tax Collector. The Special Taxes wiil ~ deposited in the Special Tax Fund held by the Fiscal Agent together with interest and/or penalty payments, if any, received as a result of redemption of properties with delinquent taxes and/or the proceeds resulting from foreclosure prtx:eedings with respect thereto, 12 and will be applied to the payment of debt service on [he Bonds. urd dte res[oration of the balance in the Reserve Fund m the Reserve Fund Requirement. Although the Special Taxes will constitute liens on the taxed parcels of land within the Distric[, they do not constitute a personal indebtedness of the owners of property within the District. There is no assurance tha[ [he property owners will be financially able to pay the annual Special Taxes or that they will pay such taxes even if f nancially able to do so. Proceeds of Foreclosure Szles A potential source of funds to pay debt service nn the Bonds is the proceeds received following a judici:il foreclosure sale of land within the District resulting from the landowner's failure to pay the Special Tax when due. Pursuant to Section 53356.1 of the Mello-Roos Act, in the event of any delinquenry in the payment of any Special Tax levied, the City Council may order the institution of a superior coon action to foreclose the lien securing such unpaid Special Taxes within specified time limits. In such an anion, the real property subject to the unpaid Special Tax may x sold at a judicial foreclosure sale. Lnder the Mello Roos Act the commencement of judicial foreclosure following the non- payment of aSpecial Taxes is not mandatory. However, the Issuer has covenanted for the benefit of the owners of the Bonds that, the Issuer will review the public records in connection with the collection o(the Special Taxes not later than August 1 of each year to determine the amount of Special Taxes collected in the prior fiscal year. If the amount of Special Taxes so colleaed is less than ninety, -five (95`/x) of the amoun[ of Special Taxes levied in such fiscal year, the Issuer will institute foreclosure proceedings no: later than the succeeding November 1 in order to enforce the lien of the delinquent installments of the Special Tax against each separate lot or parcel of land within the District for which a delinquency exists and will diligently prosecute and pursue such foreclosure proceedings to judgment sale. if the Reserve Fund is depleted, there could be a delay in principal and interest payments to the Owc^rs of the Bonds pending prosecution of the foreclosure proceedings and receipt of the proceeds of the foreclosure sale, if any. However, within the limits of the Rate and Method. the Special Taxes may be adjusted to provide an amount requved to pay debt service on the Rends and to replenish the Reserve Fund to the Reserve Fund Requirement. The Issuer has nn obligation to acquire any lot nor parcel of propeny sold at the foreclosure sale if dhere is no other purchaser at such sale. The Mello-Roos Act provides that upon foreclosum the Special Tax will have the same lien priority as is provided for ad valorem taxes. Under cement law, a judgment debtor (i.e., the property owner) has at least 14(1 days from the date of service on the judgment debor of the notice of levy on the interest in mal property to be sold in which to redeem the property to be sold. If a judgment debtor fails to so redeem and the property is sold, his only remedy is an action to set aside the sale, which must be brought within six months of the date of sale. If, as a result of such an action a foreclosure sale is set aside, the judgment is revived and the judgment creditor (i.e., the City) is entitled to intemst on the revived judgment as if the sale had not been made (Section 70 LGAO of the California Code of Civil Rtxedure ). The conxtitutionulity of the aforementioned legislation, which mpeals the former one- yexr redemption period, has not been tested; and there can be no assurance that, if tested, such legislation would be upheld. No assurances can be given that the real property subject to foreclosure and sale eta judicial foreclosure sale for non-payment of Special Taxes will be sold or, if sold, thaf the proceeds of such sale will be suRciem to pay any delinquent Special Tax installment. 13 Prop~rt~c The assessed caiuztion of the properly within the Disvict as of Febntary 1, 1992 is SR80.691.302. For a discussion rnnceming [he location and description of the Disvict, property ownership within the Disvict, and the direct and overlapping indebtedness of the District, see "TRF. DISTRICT" herein. Reserve Fund In order to futther secure the payment of principal of and interest on the Bonds, the Issuer is required, upon delivery of the Bonds, to deliver to the Fiscal Agent for deposit in the Reserve Fund held by the Fiscal Agent an amount equal to the Reserve Fund Requirement. The initial Reserve Fund Requirement is an amount equal to S Subject to the limits on the maximum annual Special Ta;: rotes that may be levied on properties within the District. the Issuer has covenanted to levy Special Taxes in an amount tha[ is sufficient to maintain the balance in the Reserve Fund a[ the Reserve Fund Requirement while any Bonds are outstanding, Amounts in the Reserve Fund may be used to pay debt service on the Bonds to the extent that other moneys are not available for that purpose and are to be used to pay the principal and interest due on the Bonds at final maturity. In addition, amounts on deposit in the Reserve Fund are to be vansferred to the Bond Service Fund iC and to the extent the amount on deposit in the Reserve Fund exceeds the Reserve Fund Requirement. Agency Payments As provided in the redevelopment plan, as amended, fcr the Redevelopment Project (the "Redevelopment Plan") and pursuant to Anicie F of Chapter F of the Redevelopment Law, and Section ] 6 of Arcicle X VI of the Constitution of the State of Califomia, regular ad valorem taxes levied upon taxable propetty in the Redevelopment Project each year by' or for the benefit of the State of Califomia, any city, county, city and county or other public corporation for fiscal years beginning after the effective dzte of the Redevelopment Project. shall be divided as follows: 1. The portion equal to the amount of those taxes which would have been produced by the current tax rate, applied to the taxable valuation of such property in the Redevelopment Project as last equalized prior to the establishment of the Redevelopment Project or base roll, shali be, when collected, paid into the funds of those respective taxing agencies as taxes by or for such taxing agencies; and 2. The potion of such levied taxes each year in excess of such amount ('Tax Increment Revenues"), including all payments and reimbursements, if any, to the Agency specifically attribuuble to ad valorem taxes lost by reason of tax exemptions and tax rate limitations, shall be allocated to, and when collected, shall be paid to the Agency. Subject to certain statutory and connacmal requirements, the Agency has pledged the Tax Increment Revenues to the payment of its Rancho Redevelopment Project l99(1 Tax Allocation Bends, issued in the outstanding principal amount of $107,7N0,000 (the "1990 Tax Allocation Bond1'). The Tax Increment Revenues pledged to the payment of the 1990 Tax ABocation Bonds as defined in the Indenture with respect to such Bonds (the 'Pledged Tax Revenues") do not include that portion of Tax Increment Revenues derived from the Redevelopment Project Area which are required by Section 33334.2 of the Redevelopment Law to be set aside by the Agency for the purpose of increasing and improving the community's supply of low end moderate income housing. Also Pledged Tax Revenues do not include that pnttion n( Tax Increment Revenues i4 which are required to be set aside for or paid to aher governmental agencies in accordance with tSi prmisions of certain cooperative agreements entered into by the Agenty with taxing agencies affected by the Redevelopment Project. Such agreements have been entered into with (i) the County of San Bernardino on behalf of itself and on behalf of the County Free Library and the San Bernardino County Flood Control Disttict Ithe "County Agreement'q, (ii) the Chino Basin 19unicipal ~i'ater District, (iii) the Cucamonga Cnuntv N'ater District and fiv) the Rancho Cucamonga Fire Protection District (formerly the Foothill Fire Protection District). The Agency and the Rancho Cucamonga Fire Protection District, the board members of which are the members of the City Council of the City of Rancho Cucamonga, have entered into ;tn agreement pursuant to which such District has subordinated any claims to Tax Increment Revenues under its cooperative agreement to the repayment of the 1990 Tax Increment Bonds to the extent proceeds of such Bonds aze used to finance fire protectior, facilities. See the table entitled "Distribution of Tax Increment Revenues for Fiscal }'cars 1)RSt86 throueh 1990.'91"below. The County Agreement provides that Tax Increment Revenues which would have been allocated to the County of San Bernazdino had the Redevelopment Plan not been adopted will be allocated to the Agency. Beginning the earlier of Fiscal Year 199R199 or upon receipt by the Agency of 550.OW.000 or more of Tax Increment Revenues payable to the Agency pursuant to the County Agreement, the Agency's right to receive such Tax Increment Revenues will be reduced pursuant to a formula based upon population in the Redevelopment Project Area as set forth in the County Agreement. bu[ in no event to decrease more than 20% per year over a five year period. The Agency anticipates that the above-referenced 550.000,000 ]imitation on Tax Increment Revenues to be received by the Agency pursuant to the County Agreement will be reached in fiscal year 1995;96: thereafter such Tax Increment Revenues will reduce each year pursuant to the formula set forth in the County Agreement. Moreover, the County, and not the Agency, is entitled to receive the annual 2 rc increase on tax increment permitted by State law. On May 5, 1983, the Cit}• and the Agency entered into the Loan and Pledge Agreement which determined that the flood control improvements constituting the Project would be of benefit to the Redevelopment Project Area and agreed that a portion of the Agency's Taz lncremen! Revenues should be pledged to assist in financing the Project. On April 4. 1984 and on August 7, 7985, the Loan and Pledge Agreement was supplemented by the City and the Disuict «t explicitly pledge the portion of certain Tax Increment Revenues toward the financing of the Day and Etiwanda Creek Flood control facilities, including the Project financed by the Prior Bonds. On April IR, I9R4 the City Council approved Ordinance No. 223 providing for a contribution from the Agency pursuant to the Loan and Pledge Agreement to be used to pay a portion of the costs of the Project. The validation suit judgment of May R. 1985 determined the Loan and Pledge Agreement to be a valid and bindine indebtedness of the Agency. T'he judgment also determined that the pledge and appropriation of Surplus Tax Increment Revenues in the Loan and Pledge Agreement complied with applicable provisions of the Constitution of the State California, the Mello-Roos Act and the Redevelopment Law. On __ 1992 the Loan and Pledge Agreement was further supplemented to require the Agency to pay the City in each fiscal year the greater of (a) an amount, which together with the estimated Special Tax in such fiscal year. will equal at least 10(1% of the debt service due on the Bonds in said fiscal year; or (b) 5500,0(10. Pursuant to the Loan and Pledge Agreement, the Agency has pledged the Surplus Tax Increment Revenues (as hereinafter defined) until such time as all indebtedness incurred by the City to finance cerain flood control facilities, including the Project, has been retired. "Surplus Tax Increment Revenues" aze defined in the Loan and Pledge Agreement as Pledged Tax Revenues remaining (i) after the payment of the debt service on the 1990 Tax Allocation Bonds and any additional indebtedness on a parity with such Bonds, and (ii) after deducting the amounts due and payable to the Agency pursuant to a cooperative agreement with the Rancho Cucamonga Fire Protection DisMct, plus all amounts received by the Agency IS pursuant to the County Agreement which are not applied to the payment of the 1990 Tax Increments Bonds. See the table entitled "Distribution of Tax Increment Revenues for Fiscal Years 1985/86 through 1990,'91" below. The Agency's pledge of Surplus Tax Increment Revenues is subordinate to the pledge of Pledged Tax Revenues (as defined above), of which the Surplus Tax Increment Revenues are a pan, securing the .Agency's 1990 Tax Allocation Bonds which are currently outstanding. The Agency may incur additlenal indebtedness secured by Pledged Tax Revenues subject to certain conditions precedent, including the requirement that Pledged Tax Revenues, plus certain other revenues, equal maximum annual debt service on the 1990 Tax Allocation Bonds and any bonds secured by a parity lien en Pledged Tax Revenues. However, the Agency has covenanted in the Loan and Pledge Agreement thaz the debt service on such additional oblieations shall not reduce the Surplus Tax Increment Revenues available to discharge the Agency's obligation under the Loan and Pledge Agreement to an amount less than the amount specified therein. 16 The fnllowing tnh!e sets forth the grass amwtlLS nod IlismFution of Ne Agenq'.=, Tac Increment Rerenue5r for Flscal Years 1985'R6 through 1990'91. TA6LE3 Goxs Tu inmm11:n1 RNrnurs I~5 Il9usm8 Sn Asdr 111 Paxx TMOUgh m TAwF FsuOrs Ranc)w Cucamonga Fv<Pmanion Dumr. 121 ClKamong<Crmq li'aKr Drsrlct Cnl<v Baxm Nwrclyl'6'aw Dlsv:cl COUnh' Ag¢rmmnt (3X61 PImgN l it RN<u1K3 1 i 1 Lns "fax AlkKau9n Bmds DcK. Smrcc (41(51 Fur Pourli9n Fwd (21 5unwai RnSa Ar;1w11ts AVailabk l'ndm Jlr C0un15 Apemrcnl 13nm AddrtwnJ £IMBrd Taa RNrnvrs Avuhhlr 121 smPlnx Ta. t1rx7<mem R<umn<s nl Amrlwtx Pald B. Agmry l'ndm f.wn and Pledge Agr«m<m ~lstributlons of Tac ineranent Revenues for Fiscal Years 198.1/86 through 1990/91 L9$FL@b I96J6i 91 a~.@6 L92P~~9~ LAS 12~C1 5A699,i1N 59,GIi 2]2 510,63?,598 518468.920 516,423.679 £20,46_'305 1.115,912 1,722.653 2.126,715 2.493?94 328x.736 4,096,462 51!.171 7/5.195 954.023 1.122103 1.408.1?IQ1 ... 319.90C 59+.3:6 7a3p:A 960.155 1.133231 IAU279 3o?5fi 60,293 74435 8"282 IL3,966 143376 1419927 115331P 3.65837. Ir17+v. 4.145.21_q 31 5.120.57! 5].252.9'_6 5330'1.496 54,11324] 54?fiA,IMR 56306,692 59,708,61d 8.1_'.q]0 844.ON 3,619,518 1,50],143 -0-151 7,456,88 ... ... __ ... ... ... 1 843 408 3 SI AI 1.000. 52,463896 5493.9)9 ELIP0,933 56305.692 5405438 1,419,927 1,151?IE 2,658,171 3,11]230 4.105,920. 5,120577 ... ... ... ... ... 8.344:73 58810.935 64,610.914 51,152.176 54198,153 510412,612 56.969,734 SSU).g10 5500,000 51310,463 S9E6,BP 5951 ?4P 5851; 46 I I1 iab liwaln4 Kl~ridr rzyuirzd purr+ml ro &cuon 33;)4 2 of rle RN<v<lopmenl L• ti: Pewrved fm 6n pnuc .rl.i V rvrtaml m < coo:nbve 4mmen .iN fl1e PmAa NcammV Firz Aarclwn U<ein .M drym:vd in W. Fm Rovcvon t'wd. JK Dw,c: on Rbrvpv ]I. 19W ruMttlwud iu claim b ,u Mue of ua mn<mtnt rtvm¢a b Ne A VncS !or µ:qm of IM IPA Taa Alloutim Bonde . pm:m of :M .mounu hpml:ed w:wlly In Ou firz Fwcum FOrA Dull h uwd ubrquem b Febwru 21. 1990 b WY malully Il.%4 ai IM tlebl am'ire m Ne 198 L< Albcom flmdn (31 )40.]M m ! .I rur 1990911 (JI Pnar b Rr bryn¢ of Nc 1990 Tu All¢uoon PaMa In MucM1 19tt1, amwnu rt¢rved Ey N< A{nuY :order Ne Cmnly A41nmm1 vert rol yenfcJlY'a<luhd !mm Nr PkdpN iu Pu:nun, tmlve¢ , wb w wIL h W n pay d<bl m1n m w Jlantion bmb of de A{mry ml. m 0e eamnr 4w1 plaaA of wcM1 ua Jlu+uon bad. urn urd fm "PeflmW Ycilives" r blued 1n 0.r Cwmy AVKmma Amowu rerrivad mtler \e County A{mmml urd gptid by Ile Apenn b pay tl<!I wrv:¢ nn ua Jlau:on M:O. of 16e Ab<n0' for lacJ yw I9B3~66 Nrnµb 193091 verz SN3,)50. SN3]50. 5163.130. fN4.t)2. fl4,laJ, nd 53)6M0, mprctiae:y The AVrcS' eape¢a b yply mp nv. beymlµ (wl Jeu IAT9i. 33]6.000 of VK <mwnl rraivrd umkr 01t Cwnly A{mmml b Je ,v-meal of hM «rvltt m :M 1910 Tax Albudm BanN (<I Lbea ml mclutle m ven men umi+V m ama.nu 6eW 1e Uv (urAa W asuvn esahlkM1el by Urt tun inhnwrt for Je ISSU Tu Albcavan 6mda, wAn:b im mmnl uminpn v.:lnh ggM1eE W Ye trM im¢ an Ue 1930 Tu AIImYm BoMa. (<: P<prta<nu .µrt0.au m allmum bu!rd J<M vrvia for OKJ r m I%5 P6 Nmugb 1%990 rM drbl rm¢ on 0.e 19Po iu Allanriw: Pmb fm (ea vm I %091, deM Krv:n dut m, firJ rear 1%9 F1 eu prtiurded in Ne 1981 Tu Allaclm Bmd Imwa~: mu:mum vmuJ hM erv:¢ m Je 1990 Tu Albctlim Pmde m Ne .mrnmr of 39313.<61M will ¢m m IAe Mrtl vur <M:ry 5<p:exber I. I W9 (61 Pepn:nu <mwnta awihhk wdtr Nr Covnb A!m ml Im Ne pyrnmi o` tM A{en obLfK:m u:d<r rlv {pn and pkdV Aprttmenl Jvr yplicu o! p9mon or IM • ant rtarved ba U1r Aaen y urdo Ne Cw y Nremmt lu Ibe debnaervl¢ nn Ne wem , < m Jlaabon bmN. intlWlnS rye 1990 Tae Allatlmm mnd• !1: Ptprtxnu uenu:u pledVd urW<r rM Id: <nd plMy< Ay«mrm At the time of issuance and delivery of the 1990 Tax Allocation Bonds. $30,9(p,000 of the aggregate proceeds of the ]990 Tax Allocation Bonds was placed in escrow to be released for purposes of the Agency upon certain expected growth of the Agency's Tax Increment Revenues. all as set forth in the Trust Indenture with respect [o the 1990 Tax Allocation Bonds. As of btarch 1. 1992, all of the $30,900,000 of the proceeds of the 1990 Tax Allocation Bonds had been released from escrow. The maximum annual debt sen•ice on the 1990 Tax Allocation Bonds in the amount of $9.313.4(12.50 will occur in the bond year ending September 1.1999. For fiscal year ]991/92, Gross Tax Increment Revenues are projected to be $23.334,894, Pledged Tax Revenues aze projected to be $11,095,742, and Surplus Tax Revenues are projected to be $8.713.283. The Agency has no power io levy and collect property taxes, and any property tax limitation, legislative measure, voter initiative or provisions of additional sources of income of taxing agencies having the effect of reducing the property tax rate could reduce the amount of Surplus Tax Increment Revenues that would otherwise be available to make payments to the City under the Lean and Pledge Agreement. Likewise. broadened property tax exemptions could have a similar effect. For additional information with respect to the Agency, the Redevelopment Project Area and Taz Increment Revenues of the Agency, see APPENDIX B "THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAS1ONGA" attached hereto. SPECIAL RISK FACTORS Levv and Collection of Special Taxes Debt service on the Bonds is payable from the proceeds of Special Taxes levied annually and collected at the same time and in the same manner as propem races. The annual levy is subject tr. a maximum tax rate according to the Rate and Method authorized for the District. The levy cannot be made at a higher rate even if the failure to do so means that the estimated proceeds of the levy and collection of the Special Tax, together with other available funds, will not be sufficient to pay debt service on the Bonds. Other funds which if available may reduce the amount requved to be levied at a maximum tax rate include funds derived from the payment of delinquent Special Taxes, funds derived from the tax sale or foreclosure and sale of parcels the Special Taxes levied on which are delinyuent and amounts received from the Agency pursuant m the Loan and Pledge Agreement. See "SECURITY FOR THE BONDS -Special Taxes" and "SEClRITY FOR THE BONDS -Agency Payments" herein. The Special Tax levied in any particular tax year on a taxed parcel is based upon the debt service on the Bonds to be paid from the levy, administrative expenses related to the Special Tax and to the Bonds, replenishment of the Reserve Fund and application of the Rate and Method. Thus, in addition, to annual vatiatiuns of the debt service on the Bonds, differing administrative expenses and the possibility of Reserve Fund deficiencies, the following are some of the factors which might cause the Special Tax on any particular parcel to vary from the expected Special Tax: fat reduction in the number of taxed parcels, for such reasons as acquisition of taxed parcels by a govemment and failure of the govemment to pay the Special Tax upon a claim o(exempdon, thereby resulting in an increased tan burden on the remaining parcels; (h) failure of owners of taxed parcels to pay the Special Tax and delays in the collection of or inability ro collect the tax by tax sale or foreclosure and sale of the delinyuent panels, thereby resulting in an increased tax burden on the remaining parcels; iR ~ci development of a taxed parcel more rapidly than development of other raz~l parcels, thereby resulting in the application of development factors in the Special Tai fonnu!a to the parcel and resulting in an increased sac burden on the sexed parcel or (d; development of other taxed parcels lees rapidly that ezpected, thereby resulting in delay in applicatinr, of development factors in the Special Tax formula to the other taxed parcels and resulting ir, an Lncreased tax bunlen nn the taxed parcel. The latter two effects can be heightened by a concentration of ownership of land within a District and a failure cf the pa; eels owned in concentration to develop as rapidly as expected, thereby resulting in a significantly increased tax burden nn other raced parcels. Deolefion of Rexene Fund A Reserve Fund is established from prmeeds of the sale of the Bonds in the amount of the Reserve Fund Requirement. Monevs in the Reserve Fund may be used to pay debt service on the Bonds in the event the proceeds of the levy and collection of the Specia! Tax and the receipt of other Net Taxes are insufficient. If funds in the Reserve Fund are depleted, the funds can be replenished from, amon¢ other sources, the proceeds of the levy and collection of the Special Tax that are in excess of the amount reyuved for debt service. However, no replenishment from the proceeds of a Special Tax levy can occur as long as the proceeds that are collected of the annual Special Tax levied at the maximum cote, together with other available funds. remain insufficient to pay debt service. Thus, it is ponsible that the Reserve Fund could be depleted and not be replenished by the levy of a Special Tax. See "SECURITY FOR THE BONDS -Reserve Fund" herein. Aeencv Pavmen lax Increment Revenues allocated m the Agency are determined by the amount of incremental taxable value in the Redevelopment Project Area and the current rate at which property in the Redevelopment Project Area is taxed. The reduction of taxable values of property in the Redevelopment Project Area caused by economic factors beyond the Agency's controh such as (i) a reduction in progeny values or in the Consumer Price [ndex, (ii) the complete or partial destruction of such property or (iii) a reduction in tax rates in the Redevelopment Project Area could cause a reduction in the Tax Increment Revenues that secure that Agency's obligations under the Loan anJ Pledge Agreement. in addition, the California electorate or tzgislamre could adopt further limitations on the collection of taxes or Taz Increment Revenues with the affect of reducing Tax Increment Revenues available to the Agency. Such reduction of Tax Increment Revenues could have an adverse effect on the Agency's ability to make timely payments under the Loan and Pledge Agreement. The Agency's obligations under the Loan and Pledge Agreement are subordinate to certain outstanding obligations of the Agency including the Tax Allocation Bonds. The Agency may incur other obligations secured by a pledge of Pax Increment Revenues senior to nr on a parity with the Agency's obligations under the Loan and Pledge Agreement, but only to the extent t}~at the Tax Increment Revenues expected to be available to discharge said obligations are at least equal to the amount reyuired under the Loan and Pledge Agreement See "SECURITY FOR THE BONDS - Agency Payments' herein. Foreclosure and Sale Proceedinus The Issuer is obligated under certain conditions to irsdtute (oreclosure and sale pnxrxdings against parcels the Special Taxes of which are delinyuent and may do so in other circumstances 19 even if not so obligated. 'Pte foreclosure remedy is additional to tax rcll colector. remedies whicL will be used unless foreclosure proceedings are instituted. Foreclosure proceedings are instituted by the bringing of an action in the superior court of the county in which the pazcel lies, naming the owner and other interested persons as defendants. Upon judgment of foreclosure, the parcel may be offered for sale at a minimum price. The minimum price will be sufficient [n pay or reimburse the delinquent Special Tax for the collection of which the foreclosure action is instituted. See "SECURITY FOR THL- IIOSDS -Proceeds of Foreclosure Sales' herein. Factors Affecting P.r •el value and Agg~ate ValuSt The following aze some of the factors which might affect the value of particular taxed parcels within 65e Distract and such pazcels in the aggregate. Geologic. Topographic and C(imnric Conditions. Value of the taxed parcels can be adversely affected by a variety of additional factors, particularly those which may affect infrasttvcrure. other public improvements and private improvements and the continued habitability and enjoyment of such private improvements. Such additional facors include, without limitation: (a) geologic conditions such as earthquakes; (b) topographic conditions such as earth movements and floods: and (c) climatic conditions such as droughts and destmetive storms. Some of these factors have been taken into account, to a limped extent, in the design of the Project and of other infrastructure and public improvements. Further, building codes require that some of these factors be taken into account, to a limited extent, in the design of pm•ate improvements of the taxed parcels. Furthermore, the City Council is aware that some of these factors may be taken into account. to a limited extent, in the design of other infraswcture and public improvements designed or subject to design approval of the City or neither designed nor subject ai design approval by the Cuy. Design criteria in any of these circumstances are established upon the basis of a variety of considerations and may change, leaving previously- designed improvement unaffected by more stringent subsequently established criteria. In general. design criteria reflect a balance at the time of establishment of criteria between the present costs of protection and the furore costs of lack of protection, based in part upon a present perception of the probability that the condition will occur and the seriousness of the condition should it occur. Consequently, neither the absence of nor the esmblishment of design criteria with respect to any particular condition means that the City Council has evaluated the condition and has established design criteria in the situations in which such criteria are needed to preserve value and has established such criteria at levels that will preserve value. To the contrary, the City Council expects that one or more of such conditions may occur and may result in damage to improvements of varying seriousness, that the damage may entail significant repair or replacement costs and that repair or replacement may never occur either because of the cost or because repair or replacement will not facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under any of these circumstances, the value of the taxed parcels may well depreciate or disappear, notwithstanding the establishment of design criteria for any such condition. Legal Requirements. Other events which may affect the values of tared parcels include changes in the law or application of the la•.v. Such changes may include, without limitation, the following: (al local growth control measures; 2(1 (b1 local utility connection moratoriums; or Icl local application of statewide tax and govemmental spending limitation measures. h r Possible Claims Unon the Value of a Taxed Farcel while the Special Taz is secured by the taxed parcels. such securty only extends to the value thereof tha[ is not subject to priority and parity liens and similar claims. The table in APPENDIF A - "CITY OF RAKCHO CUCAMOtiGA" attached hereto entitled "Direct ar.d Ovelapping Bonded Debt" states the presently outstanding amount of govemmental obligations (with stated exclusions) the tax or assessment for which is or may become an obligation of one or more of the taxed parcels and furtheanore states the additional amount of general obligation bonds the tax for which, if and when issued, may become an obligation of one m' more of the taxed parcels. The table does not specifically identify which of the governmental obligations are secured by liens on one or more of the taxed parcels. }Iowever. inference is made to the section entitled'THE DISTRICT' -Direct and Overlapping Indebtedness' herein for information concerning the governmental obligations which are secured by liens on one or more of the taxed parcel and the authority for issuance of special tax bonds with respect to real property within the Disurct. N addition, other govemmental obligations may be authorized and undertaken or issued in the furore, the tax, assessment or charge for which may become an obligation of one or more of the taxed pazcels and may be secured by a lien on a parity with the lien of the Special Tax securing the Bonds. [n general, as long as the Special 'l'ax is collected on the county tax roll, the Specia) Tax and all other taxes, assessments and charges also collected on the tax roll are on a parity. Questions of priority become significant when collection of one or more of the taxes, assessments or charges is sought by some other procedure, such as foreclosure and sale. In the event of proceedings to foreclose fo: delinquency of Special Taxes securing the bonds, the Special Tzx will be subordinate only to existing prior govemmental liens. if any. Otherwise, in the event of such foreclosure proceedings, the Special Taxes will generally be on a parity with the other taxes. assessments and charges. The Special Taxes will have priority cveroon-govemmental liens on a taxed parcel regardless of whether the non-govemmental liens were in existence at the dine of the levy of the Special Tax or not. While govemmental taxes, assessments and charges are a common claim against the value of a taxed parcel, other less common claims may be relevant. One of the most serious in terms of the potential reduction in the value that may be realized to pay the Special Tax is a claim with regard to a hazardous substance. In general, the owners and operators of a taxed parcel may be required by law to remedy conditions of the pazcel relating ro releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980. sometimes referred to as "CERCLA" or "Superfund Act," is the most well known and widely applicable of these laws but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner (or operator) is obligated to remedy a hazardous substance condition of property whether or not the owner (or operator) has anything to do with creating or handling the hazardous substance. The effect therefore, should any of the taxed parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as ix the seller. The Issuer is not aware that the owner Tor operator) of any of the taxed parcels has current liability from hazaninus substances with 2] respect to any of the taxed parcels. However, it is possible that such liabilities do currently exist ,~ and that the Issuer is not aware of them. Further, it is possible that liabilities may arise in the future with respect to any of the taxed parcels resulting from the existence, currentty, on the parcel of a substance presently classified as hazazdous but which has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently. nn the parcel of a substance not presently classified as hazardous bm which may in the future be so classified. Further, such liabilities may arise not simply from the existence of a hazardous substance but Gom the methal of handling it. All of these possibilities could significantly affect the value of a taxed parcel that is realizable upon a delinquency. Bankruptcy Proceedings Regardless of the priority of the Special Tax securing the Bonds over non-governmental liens on taxed parcels, the exercise by the Issuer of the foreclosure and sale remedy or by the courtly of the tax sale remedy may be forestalled or delayed by bankwptcy, reorganization. insoivencv, or other similar proceedings of the owner of a taxed parcel. The federal bankruptcy laws provide for an automatic stay of foreclosure and sale or tax sale proceedings, thereby delaying such p; oceedings perhaps for an extended period. Delay in exercise of remedies, especially if the owner owns taxed parcels the Special Taxes of which aze significant or if bankmptcy proceedings are instituted with respect to a number of owners owning taxed parcels the Special "faxes of which are significant. may result in periodic Special Tax collections which, in conjunction with the Reserve Fund, may be insufficient to pay debt service on the Bonds as it becomes due. Further, should remedies be exercised under the bankruptcy law against the taxed parcels, the preference the bankruptcy law gives the payment of taxes may not be applicable m payment of the Special Taxes. Thus, general taxes and other claims may be preferred over the Special Tax claim, even though they would not be were the bankruptcy law not applicable. moment of the Scecial Taxes Nnr o Personal Pfiligarinn of the Owners. The owners of taxed parcels are not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation only of the taxed parcels. If the value of a taxed parcel is not sufficient to full} secure the Special Tax, the Issuer has no recourse against the owner of the taxed parcel under the laws by which the Special lax has been levied and the Bonds have been issued. Further, the willingness or ability of an owner of a taxed parcel to pay the Special Tax even if the value is sufficient may be affected by whether or not the owner has been given due notice of the Special Taz authorization at the time the owner purchased the parcel, has been informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tar rate and the risk of such a levy, and at the time of such a levy has the ability to pay it as well as pay other living expenses and obligations. The issuer has caused notice to be recorded in the office of the county recorder of the Special Tax lien nn the taxed parcels. While title insurance companies normally refer to such notices in title repotts, there can be no assurance that such a reference will be made or that a prospective purchaser or lender will thereby understand that an evaluation should be made of the Special Tax and the risk should a levy be made at the maximum tax rate. Subdividers are required in certain circumstances also to notify purchasers or lessees of taxed parcels of the Special Tax and the amount thereof at the maximum tax rate. Again, there can be no assurance that such a notice will be given or that a prospective purchaser or lessee will 22 thereby understand that an evaluation should 5e made of the Special Tax and the risk should a lever be made at the maximum tax rate. Nn Obligation rn Pap Deht Service. The Issuer has no obligation to pay debt service on the Bonds in the event Special Tax collections are insufficient or delinquent, nor is the Issuer obligated to advance funds ro pay such debt service. Failure of the Owners ro Pn)• Syeciol Taxes. The Issuer has an obligation to use moneys in the Reserve Fund to pay debt service on the Bonds in the event the proceeds of the collection of the Spuial Tax aze insufficient, and furthermore has an obligation to replenish the Reserve Fund. Further, the Lssuer nr the District may. at their option and sole discretion. elect to advance other funds to pay such debt service. Consequently, the resources of the Issuer for the payment of debt service on the Honds aze limited. OWNERS O° BONDS MAY NOT RELY UPON THE DISTRICT NOR THE ISSUER TO ADVANCE FUNDS TO PAY DEBT SERVICE ON THE BONDS UPON DEPLETTON OF THE RF,SERVE FUND IF PROCEEDS OF THE SPECIAL TAX LEVIED AT THE MAXID7UD7 RATE. AGENCY PAYMENTS, COLLECTION OF DELINQUENT SPECIAL TAXES. AND TAX SALE AND FORECLOSURE AND SALE PROCEEDINGS OF DELINQUENT PARCELS DO NOT RAISE SUFFICIENT FUNDS. No Acceleration Provision The Bonds do not contain a provision allowing for the acceleration of the Sonds in the event of a payment default or other default under the terms of the Bonds or the Bond Indenture. Loss of Tax Exemption As discussed under the caption 'TAX MATTERS" herein, interest on the Bonds could become includable in gross btcame for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of acts or omissions of the Issuer in violation of its covenants in the Bond Indenture. Should such an event oP taxability occuq the Bonds are not subject to acceleration or special redemption and will remain outstanding until maturity or until redeemed under the redemption provisions contained in the Bond indenture. THE DISTRICT The Project The proceeds of the Prior Bonds were used to finattce the conswetion and installation of certain public capita] drainage facibties, together with appurtenant work and incidental expenses, to serve and provide drainage protection to property located within the Disrrjet (the "ProjecP'). Day Creek Channel is a major flood control facility which traversed undeveloped residential and industrial properties in the cities of Rancho Cucamonga and Ontario. The Project included approximately ]0 miles of channel, three major retention basins, a debris dam and 14 channel crossings at tai Loads and roadways. The overall cost of all facilities it both dries mtaled approximately $50 million. 23 Pro un nhi .a Initially, the District rotated 3.695 acres. 3,415 acres of which were subjec[ to the Specia; Tax. The Rate and '.Method specifically excludes from the amount of wzable acres 280 acres of pmpen} located in 7_one B. See Appendix "Rate and Method of Appropriation of Special Taxes" herein. In ]989. approximately 130 acres of property. which comprised Assessment District 89-1 of the City, was annexed into the District pursuant to annexation procedures completed by the Ciry pursuant to the Mello.Roos Act. Property ownership within the District is diverse, and such property is currently being used for single family residential and industrial purposes, with a pottion of such iand being held vacant As of July 1, 1991 there were 3665 assessor's parcels within the District; 2985 parcels within the District have been developed and 680 parcels were vacan[. For fiscal year 1991%92, approximately 39.29c of the District's taxable acreage was developed and 60bSc of the District's taxable acreage was vacant or undeveloped. There can be no assurance that variances to the City's general plan will not be allowed such that the amount of acreage expected to be developed Pot commercial and residential use wilt be revised. The total assessed valuation of parcels within the District is $880.69L302. There are approximately 2,R67 parcels of land within the District with single family residential improvements constructed thereon. 2.790 of which include residences constructed thereon, with a total assessed valuation of $444,139.729. There aze approximately 1 I8 parcels of land within the District used for industrial purposes, which include heavy and light industrial, warehouse, spot retail and general office uses, with a total assessed valuation of $297,585,603. There are approximate 680 parcels of land within the District held vacant widt a total assessed valuation of $138.966.970. The following table includes the names of the ten largest property owners within the District and the amount of Special Tax levied with respect to such propetty owners for fiscal year 1991/92: TABLE4 Percent of Name i T To ~ LPW Southern California Edison Company $158,553,70 13.6% Foothill Associates 96,8I8.OD 8.3 Lewis Development Company 66,206.00 5.7 The William Lyon Company 53,058.35 4.5 SF Pacific Properties Inc. 53,077.50 4.5 Ameron. Inc. 42,854.00 3.7 RCDC Associates LP 37,857.75 3.2 West Coast Liquidators. Inc. 31,591.00 2.6 State Street BanIJ7'tvst Co/Cal NATR 30,201.50 2.6 Cucamonga Develop Company' 26,393.50 2.2 Total 5596,611.30 51,0%(1) (I 1 May not add dt~c to mundmg. R3t4_and Methal of Aopottionment of Special Taxes The yuelified electors of the District approved the Rate and Method for the District See APPF.NDJX D - "RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES;' attached hereto. which includes deftnitinns of capitalized terms used herein and not otherwise defined. 24 The Rate and Method provide the means by which the City Council may annually levy the Special -faxes widtin the Gisvict up to the Maximum Special Tax. Annually, at the time of levying the Special Tax for the Uis'uict, the City Council shall determine the amount of money to be collected from taxable property in the District Such amount shall include (al the su^~s needed to pay debt service on the Bonds: fb) the sums needed to create or replenish reserve funds; (c) the amounts needed to pay administrative expenses; and (d) the costs of acquisition and construction, in whole or in part, of improvements to be paid from Special Tax proceeds. The amount of money to be collected shall be offset by funds nn-hand as of July 1 which aze pledged to or otherwise made available for any purposes for which the Special Taz [tray be levied. The Rate and Method provides for a maximum annual Special Tax of $550 per taxable acre of property. The taxable acres of property owned by any one property owner may be calculated after deducting any dedication of property to public use by such property owner As a result, as undeveloped properly within the District is developed and portions of such land are dedicated ro public use the aggregate amount of taxable acres of property within the District may be reduced. To date, the Ciry has imposed each year a Special fax in the amount of $350 per taxable acre and any additional amounts necessary to pay the principal of and interest on the Prior Bonds have been paid from amounts paid to the City by the Agency pursuant to the Loan and Pledge Agreement In addition, the Rate and Method specifically excludes from the amount of taxable acres which are subject to the Special Tax, 280 acres of property located in Zone B of the District (as defined m the Rate and Method). See "SECl1RITY FOR TI1E AONDS -Agency Payments' herein. The following table sets forth a history of the tares levied and collected on the taxable acres within the District for the bond years 1987/SR through 1991/92. TABLES 1987/88 .195$/$4 1989/90 ' 1 1 / Taxable Acreage 3.'42 3,296 3,449 3,372 3,34] Lew Per Acre 0350 $350 $350 $350 $350 Tax Levied $L239,535 $1.]53,110 $].207,148 $1.180,059 $1.169.204 Tax Collected $L19L840 $1,054,558 $1,179.265 $],1]2,762 N/A Agency Payments pursuant to Loan and Pledge Agreement $1,370,483 $986,827 $851,748 $851,748 N/A Debt Service on the Prior Bonds $2,032.000 $2,032.000 $2,032,OW $2,032,000 N/A 25 Direct an31 Ch'erlao0ing [ncebtedness The Disrict has covenanted that it will not issue indebtedness payable from the Special Taxes on a parity with the Bonds, other than the Additional Bonds. However, the District could, at any dine, issue indebtedness secured by a pledge of the Special Taxes H'hich is subordinate to the pledge of Special Taxes to repay the Bonds. In addition, the Disrict has no control over the amount of additional debt payable from taxes Or assessments on all or a portion of :he property within the District that may be issued in the future by other governmental entities or districts. including but not limited to cities and counties, school district, water districts or any other district having jurisdiction over all or a portion of the land within the District See "SPECIAL RISK FACTORS -Other Possible Claims Upon the Value of a faxed Parcel." The Direct and Overlapping Bonded Debt Statement of the District as of February I, 1992, except as noted in foomotes to the Statement, is shown below: TABLE 6 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT No. 84.1 1991"92 ASSCSSCd Ya)y3t14B: $880,691,302 DIRECT ND OV I( PPING BO '~DED DEBT Arnil 9 bl (11 lt /1/92 ti . : San Bernardino County BuilNog Authorities ~a s e 0.1 RI9r I~p 51,016,770 San Reroardmo Camty Frt•_ Linrary Authority 0.247 1,037 MetropoBtan Water Dlsmct 0.013 50,990 Chino Basin Municipal Watcr Distract 0.437 12,061 Chino Basin Municipal Water Disnia Certificates of Parlicipahen 0.437 I i 3,270 Chaf(ey loin) ^mon High School District Certifcates of Pamcipatlon 0.893 83,808 Cucanonga School Di.ctn<r and Certifica@s of Participaton 9.672 S 5.2?3 946.ft91 ERwanda S::hml Disinct CeNficatcs of Participation 3.434 38,289 Cucamonga County W star AsMq 2.[162 18,455 Cucamonga County Watcr District,LD.#1%?-1 2.652 8,486 Cucamonga Connq Water INstnct LD. #5 2.202 106,338 City o(Rancho Cucamonga Certifirates of Participatlon 2.302 177,815 City of Rancho Cucamonga Assessment District #85-PD 12.41412) 763,461 Ory~ of Rancho Cucamonga Asscssrncm District #82-IR 38.45781 1,45,971 Ciry~ of Rancho Cucarxrnga Assessment lYSmct #89-I I W. 4,780,673 Gty of Rancho Cucamonga Commusrily FaciBdes District #84-1 100. 15.860.00(1(3) TOTAL DIRECT A;VD OVERLAPPQ~'G eODIDED DEBT $25.566,315 ! i) nascd nn redevdopmem adjusted all prnpMy assessW valuation n( $95,184,51 I. !21 Gumatc. OI Excludes $2d.IXN1.IXx1 Mcllo-Roos A<t hoods w be Bold to redeem bonds indicnicd ,[ja(Im to ae ee A V I ~ ~On' I~t Ixm ...........................................3.e9ve Tool Dent ............................................4.949E 26 CERTAIN LEGAL A7ATTERS .~ Brown. Diven & Hentschhe, San Diego. Califomia, Bond Counsel, will render an opinion with respxt ;: :he Bonds substantially in the form set forth in APPESDIX E to this Official Statemen[. Copies of this opinion will be available at the dme of delivery of the Bends. NO RATING The Issuer has not and does not contemplate making an application to any rating agency for the assignment o' a rating to the Bonds. PROFESSIONAL FEES In connection with the issuance of the Bonds, fees payable to Heldman. Rolapp & Associates, as Financial Advisor, and Brown. Diven & Hentschke, as Bond Counsel, are contingent uc~;n the issuance of the Bonds. UNUERWRITI!VG The Bonds are being purchased for reoffering by Stone & Youngberg (the "Underwriter"). The Underwriter has agreed to purchase the Bonds at a discount from the initial public offering price equal to S The Underwriters may offer and sell the Bonds to certain dealers and others at prices different from the prices stated on the cover page of this Official Statement. '[he offering price may be changed from time to time by the Underwriters. NO LITIGATION At the time of the delivery of and payment for the Bonds, the Issuer wiB certify that, except as disclosed herein, there is no action, suit proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, or public holy, pending or, to the knowledge of [he Issuer threatened against the Issuer afkcting the existence of the Issuer, the District or the titles of its officers to their respective offices or seeking to restrain or to enjoin the sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Bond Indenture, or the collection or application or any revenues provided for the payment of the Bonds, or in any way conteswg [he completeness or accuracy of this Official Statement or any amendment or supplement thereto, or contesdng the powers of the Issuer or its authority with respect to the Bonds or any action of the Issuer contemplated by any of said documents, nor to the knowledge of the Issuer, is there any bazis therefor. VALIDATION On March 27. 1985, the City fled action in the Superior Court of the State of Califomia in and for the County of San Bernardino to confirm the validity of the issuance of the Prior Bonds and certain other issues, On May 8. 1985, a hearing was held in the Court and a default judgment rendered which contained the following findings of the Court: I . 'ihe City proceeded in accordance with the provisions of the Mello-Roos Community Facilities Act in establishing the District and in authorizing the levy of the Special Tax and the issuance of bonds. 2. The Special Tax wilh when levied, constitute valid and binding special taxes of the District under the provisions of both the Act and Article XIIL4 of the State Constitution. 27 ? Bonds will upon their sale and delivery, constitute a legal, valid and binding obligation of the District. 4. 'rhe Tax Increment Pevenues received by the Agency do not constitute the "proreeds of taxes" within the meaning of Article XIIIII of the State of Constitution. Therefore. the Tax Increment Revenues are not subject to the expenditure liniltations of Article XIllB. 5. The Loan and Pledge Agreement creates a valid and binding indebtedness of the Agency. F. 'The contribution by the Agency of Tax Increment Revenues to pay bonded indebtedness of the District is authorized by and complies with the provisions of the Act. 7. Pursuant to State law. the judgment shall be forever binding aztd conclusive as to all matters adjudicated or which at the time could have been adjudicated against the City and against all other persona and the judgment shall permanently enjoin the institution by any person of any action raising any issue as to which the judgmem is binding and conclusive. TAX 1~1.4TTERS In the opinion of Brown. Diven & Hentschke, San Diego. Califomia. Bond Counseh under the laws, regulations, rulings and judicial decisions in existence on the date of original deliver} of the Bonds, the interest on the Bonds is not included in the gross income of the owners thereof for purposes of federal income taxation and, under the laws of the State of Califomia in existence nn the date of original delivery of the Bonds, such interest is exempt from personal income taxation by the State of Califomia. The Internal Revenue Code of 19RG, as amended (the "Code"), imposes various restrictions, cnnditiens and rcGuirements relating to the exclusion from gross income for federal income tax purposes of interest on obligations such as the Bonds. The Issuer has covenanted to comply with certain restrictions designed to insure that interest on the Bonds will not become includable in federal gross income of the owners thereof. Failure to comply with these covenants may result in such interest being included in gross income of the owners thereof for purposes of federal income taxation retroactive to their date of issuance, irrespective of the date nn which such non-compliance was ascertained. Therefore, the opinion of Bond Counsel assumes compliance with these covenants. Bond Counsel is further of the opinion that interest on the Bonds is not a specific preference item for purposes of the Code's alternative minimum tax provisions. However, Bond Couaul observes that the interest nn tax-exempt obligations, including the Bonds, is included in computing adjusted net hank income and adjusted currem earnings when calculating the alternative minimum tax on corporations. Although Bond Counsel has rendered its opinion that interest on the Bonds is excluded from gross income for federal income tax purposes, the accrual or receipt of such interest may affect the federal income tax liability of the recipients otherwise than as described under this caption. Ownership of tax-exempt obligations may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, financial institutions, property and casualty insuratrce companies, certain subchapter S Corporations with excess passive income. individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurzed or continued indebtedness «t purchase m carry tax-exempt obligations. The Code imposes an environmental tax nn corporations at a rate of 0.12 percent nn the excess zx over $2,000,(X10 of such corporation's "modified alternative minimum taxable income," whifJt includes interest on the Bonds to the same extent as such interest is includable fcr purposes of computing such corporation's alternative minimum tax. Lr addition, certain foreign corpomUons doing business in the united States may be subject to the new "branch profits tax" on their effectively connected earnings and profits, including tax-exempt interest such as interest on the Bonds. The extent of these other tar, consequences will depend upon the recipient's particular tax status or other i[ems of income or deduction. Bond Counsel expresses no opinion regazding any such consequences and prospective purchasers of the Bonds should consult their tax advisors as to applicability of any such collateral consequences. 29 MISCELLANEOUS The quotations from and summaries and explanations contained herein of the Bond Indenture, the Rates and Method and other documents and smtutes do not purport to be complete, and reference is made to such documents and statutes for full and complete statements of their provisions. This Official Statement is submitted only in connection with the sale of the Bonds by the Issuer. All estimates, assumptions, statistical informadon and other statements conmined herein, while taken from sources considered reliable, are not guaranteed by the Issuer or the District. The information contained herein should not be construed as representing all conditions affecting the Issuer, the District or the Bonds. The execution and delivery of this Official Statement has been duly authorized by the City Council for the Issuer and on behalf of the District. CITY OF RANCHO CUCAMONGA 30 .APPENDIX A CITY OF RANCHO CUCAMONGA The following includes information regarding the City of Rancho Cucamonga, California (the "City'). The Hoods aze not a debt of the City and no assets of the City are pledged to secure the payment of the Bonds. Information regarding the Ciry is included in this Appendix A only for the purpose of providing genera] information about the Ciry. The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles- San Bemardino Basin in the western portion of San Bemazdino County, approximately 40 miles cas of the City of Los Angeles and 18 miles west of the Ciry of San Bemazdino. The City covers approximately 34.3 square miles arrd is bordered by Ontario on the south, Upland nn the west, and Fontana on the east; [o the north are Cucamonga Peak and Mount Baldy. The City was incorporated November 30. 1977 as a general law rity. It is governed by a five-member City Council which includes a Mayor who is eletted at large for a two year term, and four Council Members who are elected at large for staggered four year terms. The City Council appoin[s the Ci[v Manager and Ciry Attorney. 5'ne City Manager is responsible for the daily administration of Ciry affairs and for implementing Council policy and program decisions. The Ciry s General Plan provides a coordinated policy of development planning, balancing residential, commercial, and industrial expansion. Coordinated transportation planning with the Southern California Regional Association of Governments and the County of San Bemardino is being provided by a traffic model that sets forth the optimum siu of streets and timing necessary to accommodate traffic on both existing and future streets. ftior to incorporation, the area generally within the corporate boundaries of the City experienced a rapid growth in population. Between 1970 and 1980 the population grew approximately 250 percent The following table sets forth the recent population history of the Ciry, the County of San Bemardino and the State of CalSomia for the period from 1987 through 1991. TABLE A-1 CITY OF RANCHO CUCAh1ONGA POPULATION ESTIMATES Ygg Rancho Cucamonga San Bemanlino County State of California 1987 80.400 1,167.200 27,292,300 1988 94,614 1.245,200 27,996,OW 1989 95,300 1,324,600 28.662,000 1990 98.4(1(1 1,423,800 29.SS8,000 1991 104,900 1,471,300 30,351,000 Source; State Department of Finaucc A-1 The City is primazily a residential community. Fifty-two percent of the City is zoned residential, six percent is zoned commercial, twenty-two percent is zoned industrial, eleven percent is zoned for publiGinstitudonal use, and nine percent is zoned for open space. The following sets forth the recent history of taxable sales in both the County of San Bemardino and the City. TABLE A-2 COUNTY AND CITY TAXABLE SALES SAN BERNARDIN O COCN"IY ,STfY OF RANCH O CI;CAMONGA Taxable Taxable No. of Transactions No. of Transactions YS~ P°rrrri {In Thousands) p t~~f(' (In Thousands) 1986 32,103 $7,561.353 1,589 $296,097 1987 33,109 8,652343 1.727 321,290 1988 33,779 9.537.717 1,666 361.564 1989 35,042 10.662,647 2,051 417,064 1991 3G.R49 1],269,631 2,225 476,610 Source: Califrnnia State Board et Fqualiutlon. Laated in the western portion of San Bemardino County, City residents benefit from a wide geographical area of employment opportunities in Los Angeles and Orange Counties, as we9 as local employment opportunities. Many residents commute to places of employment in both Los Angeles and Orange Counties. The City is located within the Riverside-San Bernardino-Ontario Standard Metropolitan Statistical Area, which comprises all of San Bemardino and Riverside Counties. The following table is a four-year summary of employment by economic sector. A-2 TABLE A-3 RIVERSIDE-SAN BERNARDINO-ONT.4RI0 METROPOLITAN AREA ESTIMATED SOMBER OF WAGE AND SALARY WORKERS BY INDUSTRY ANNUAL AVERAGE 1987.1990 (in thousands) i4g7. t~R 122 Total All Industties 623.100 648,2()0 708,200 761,600 Tota]Agrcultute 22.200 21,900 20,900 21,700 Total Nonagticultttre 600.900 626,300 687,300 739.900 Mining 1.300 1.300 1,400 1,400 Construnion 49.700 53,100 65,300 67,500 Manufacturing 80.100 81.900 88,200 89.800 V/holesale & Retail Ttade 151 .400 157,000 170,500 184.200 Finance. Insurance 8 Real Estate 26,100 27,500 29,800 32,600 Transportation & Public Ufilities 30,50(1 30.50(1 32,300 35.400 Services 141,500 149.100 162,000 179,500 Government (1) 120.300 225,900 137,800 149,500 f I) Includes ao civdiao employees of federal, sUte and local government and sate and local schools. Source: State of CaliFOrn~a Finployment Developmeot Depamrcot. The following table sets forth employment, unemployment, and the unemployment rate since 1986. TABLE A~ RIVERSIDE-SAN BERNARDINO-ONTARIO METROPOLITAN AREA CIVILIAN LABOR FORCE, EMPLOYMENT AND UNEMPLOYMENT Labor Unemployment ~ Face Emolovment Unemployment $;gg 1986 851,600 797.000 54,600 6.45b 1987 895,100 844.200 50,900 5.7% 1988 939.700 884,700 55.000 5.9% 1989 ],023,600 962,200 58,400 5.7% 1990 1,071,600 1,001,00(1 70,600 6.6% Source: Slate of California Employment Development Depamrent A-3 C.onstrnction The following tzble shows construction activity in the City for t he five yeaz period Prom 1987 through 1991. TABLE A-5 CITS' OF R.4NCH0 CUCA MONGA BUILDING PERMIT VAL UATION Qn Thousands of Dollars) Residential 1987 1988 1Q$Q 1996 1991 New single-family $162,039 $206,719 $197,384 $86,433 $18,087 New multi-family 31.556 45,368 43.199 20,065 -0- Additions, alterations 7.689 ~4@I a~$4Q 19~_Z 2,C+~2 Tora] Residendal 2 1 4 2S 62.206 2 4 1 4 $27 769 R id i l es ent Non- a New cotntnerciai $35,744 $28,292 $33,839 $29.155 $]8,464 New industrial 55,663 28,441 32,542 6.182 4,312 Other 6,792 7.855 13,744 8,262 12,871 Additions, attentions ] 1475 15,,{yZ Q,j53 JZ~~iQ 11.47Q Total Non-residential $109,674 $80.264 $69.277 $55.729 547.126 Total Valuation f N N b D $310.958 $ 424 [s lli it $341.700 $172.623 $74.895 nm er o ew we Single-family dwelling ng n s 1.961 2,077 1,656 542 9R Mulri-famiiy dwelling 1, 3R $QZ j,~Z 3~ Total Units ~~ ~,$]~ ~,} ~ 2$ Sourer: Secunp~ Pacify Bank, "California CoosWNOO Treuos'l 1983-1966. Sciences Cotpora0on 1987-1990. Cny of Rancbo C ucamoo@a, Budding Division 1991. A-4 The following tables set forth assessed valuation of property for fiscal years 1987($8 through ]990,'91 and tax collection information for the City for fiscal year 1965/86 through 1990191. TABLE A{, CIT Y OF R.4NCH0 CDCAMONGA Assessed Valuation History 1986/87 - 1990/91 Before Redevelopment Adjustments Fixal Year Local Secared utility l;nsecured To ~I 1987/88 $3,276.453.488 $311,545.190 $175,043.136 $3,763,041,816 1988/89 3,842,089,811 6,603,30D 212.624,063 4,061.317,174 ]989/90 4.553.645,245 6,744,546 251,5:7,317 4,921,907.108 7990/91 5.557,509,385 15,093,655 303.321,685 5,895,924,725 Source: California Municipal SU istics Inc TABLE A-7 CITY OF RANCHO CL'CAMONGA lax Levies and Delinquencies(1) AeGnauen t lone 30 Fiscal Year Secured Tax Lgv_y L~mnunt Percent 1988/89 $1,153,110.16 $1.054,558.26 8.5540 1989/9(1 1,207,147.56 1,179,264.79 2.0~ 1990/91 1,160,059.41 1,112,761.54 5.0% U 1 15F General ta; Ievl apporuotuneot. Snurce: Cny of Rancho Cucamonga. A5 TABLE A-R CITY OF RANCHO CUCAb10tiCA Direct and Overlapping Obligations 132L4' ASSC:5t4 Valuation: $4,135,02fi.611 IaOer deduction 52,338,062.261 redevelopment tae allocation Incmmentl D[RFCT AN-D OVERLAPPMC BO'VDED DEBT ASP tin came San 6ertwslivo Coimn Building AnWorities 7.R53'x Sao BertmNioo Cwmy Fmc Liirran~ Authonp 10.711 MetropoBUn N'atcr District 0.552 Chino Basin Municipal Water Distract 19.006 Chino Bazin Municipal Water District Certificates of Pa»icipation 19.1NM Chaney Jomt Union High School District CertiGcaLS of Participation 36.608 Alta Loma School District 96.716 Central School District and Centificates of Participatioo 98.076 Cucamonga Schwl District and CeNBcates of Participation 74.414 &40.264 Etiwavda School District CediOcales of Participation 84.074 EOwavda Schwl District Corrunuviry Facilities District tll & b2 100. Olber School Districts Vadws Cucamonga Cwnty Water District 89.276 Cucamonga County Watcr District LD, pl%3-I 94.537 Cceamonga County Watcr District, LD. ti2 100. Cwamwga County Water Distnct. LD. #5 95,316 City of Raocho Cucamonga Certificates of PadicipaGw 1(q. City of Raocho Cucamonga Community Facilities District R84-1 100. City of Rancho Cucamonga 1915 Act Bonds 100. TOTAL GROSS DIRECT AND OVERLAPPING BONDED DEBT Less: Cucanwvga County Water District. LD. q2 (1(g9r seR-supportivgl T07AL NET r-NRECT AND OVERLAPPNG BONDED DEBT $44.114,353 44,986 3,863,SSR 524,566 4,926,355 3.623,361 3,079,452 19,737,795 7,285,590 937,42.5 7,175,1N10 190,621 799.020 30218 15,000 4,689,547 7,724,382 15,860,000(11 lI.I9,5.613 $144,649,202 (21 $144,634,202 111 $20,000,000 M[IIO'Roos An bonds aR to m sold to rcAcem these Muds 121 Excludes lax and ttvenuc anticipation notes, revenues, mortgage sevenuc and mz allocation Mnds and non-Mnded capital I=esc obligenona $4j10ff to Aspersed V3nati0n: Direct Debt ....................................... O.19'k Tntal Gmss Debt ...............................3.9854 Tout Net Debt .................................. 3.9R9F SHARE OFA RNORI7FD ND rNCp D IN~O BLIGATION BONDS' Metropolitan Water Distract .......................................... ..............$276,000 Alu I,(nria Schwl Dtslritt ............................................ ...........56,016,740 Cucamonga School DisOict .......................................... .............. $301,9R0 STATE SCHOOL BCiIt DING ALD R-FP4YABLE AC OF 6r'+0/91: $9,065.341 A{a Puhlic titili[ies and Service Police protection is contracted from the San Bernardino County Sheriffs Department. A Sheriffs substation is located within the City limits. Fire protection and rescue service are provided by the City-managed Fire Protection District, which revers an area of approximately 53 square miles. Southern California Edison Company furnishes electricity and Southern California Gas Company furnishes natural gas to the City. Industrial waste and sewer services aze provided by the Chino Basin Municipal Water District and water is famished to the City by the Cucamon~~. County Water District. Telephone service is provided by Genera] Telephone Company. The City provides twenty-eight parks and two community centers far residents. Library services are provided by the San Bernardino County Library System at a branch library located N the City. EduCBt14L Six school districts serve the residents of the City providing local educational opportunities from kinderganen through junior college. Major colleges and universities are located within community distance to the City providing residents with both public and private educational opportunities in most of the major professions. Transonrtation Major highways and railroads traverse the City. Ontario International Airport is located adjacent to the City's southern boundary. Several track terminals are located nearby. Two interstate highways traverse the area. Interstate 10 is located south of the City's boundary and runs east and west. Interstate 15 in the eastern section of the City mns north and south; thus, the City is linked by interstate highways to all areas of the State and to other states to the east Three transcontinental railroads provide freight service to the City: Union Pacific Railmazl, Southern Pacific Railroad, and the Atchison, Topeka and Santa Fe RaiUoad. Amtrak provides passenger service to the City. r A-7 APPE\DIX B _ THE REBEVELOP11E5T AGENCS' OF THE CITY OF R.4tiCH0 CUCAM1fOVG.4 The following includes information regarding the Redevelopment Agency of the Cin~ of Rancho Cucamonga (the "Agency'"), the Rancho Redevelopment Plan and the P]an Area and Tax increment Revenues of the Agency. The IIonds are not a deb; of the Agency and only certain revenues of the Agenc} as set fonh in the Official Statement are available to pay debt service on the Bonds. Authority and Management of the Redevelopment Agency The Agency was established pursuant to the law and Ordinance No. 145 of the City Council of the City (the "City Council') adopted on May 2D. 1981, activating the Agency, and pursuant to Resolution No. 81-]21 of the Agency, which activated the Project Area. The Agency adopted the Redevelopment Plan pursuant m Resolution RA 81-14 on December I6, 1981. The Redevelopment Plan was amended nn August 13, 1989 pursuant to Ordinance No. 3 ]6A. Members of the City Council serve by virtue of their election as members to the Agency. The City Council members are elected at large for 4-year overlapping terms. The Mayor is elected fora 2-year term. By agrrement, the City provides all staff administrative service to the Agency. Jack Lam, Ciry Manager, is the Executive Director of the Agency. Jim Hart, the Agency Treastuer, also acts as the City's Administrative Services DireMOr. Many of the other Agency suppott staff also work for the City in the Planning and Engineering sections o(its Community Development Department. Agency Powers and Duties All pawen of the Agency are vested in its five members. The Agency exercises all the govermnental functions a5 authoriud under the Law and has among other powers the authority to acquire. administer, develop, lease or sell propety, including the right of eminent domain and the right to issue bonds and expend the proceeds thereof. The Agency possesses the power m cleaz buildings and other improvements and can develop as a building site any real property owned or acquired by it. In connection with such development, the Agency can cause streets, highways and sidewalks to be constructed or reconstmcted and can require public utilities to be installed. The Agency may pay for all of the value of land and the cost of building facilities. strur, ores or other improvements to be publicly owned and operated to the extent that such imps, rvements are of benefit to the Project Area and no other reasonable means of financing aze available for such purposes. The Agency possesses other powers which matt be exercised in conformity with the Law. The Plan The Rancho Redevelopment Plan was adopted by the Agency nn December 16, 1981, by Resolution RA 81.14. The Redevelopment Plan was approved by the Ciry Council by Ordinance tio. 166 adopted on December 23, ]981. The purpose of the plan is to eliminate existing conditions. including exposure to flooding, causing a reduction or lack of proper utilization of land within the Project Area. B-) The Project Area • The Project Area encompasses an irregularly bounded area of approximately 8.500 acres mainly in the undeveloped area of the City. The notthem portion of the Project Area contains two planned communities: the Victoria Planned Cotmnunity of approximately 1,875 acres, and the Tetra Viaa Planned Community of appreximateh~ 1.321 acres. A summary of the proposed land use of each of [here cotnraunities is set forth in the table below: TABLC B-1 Land Use In A g51 Vi oria Term Vita Commercial Developed 16 102 Undeveloped 397 151 Public Facilities Developed 430 141 Undeveloped 160 201 Residential Developed 699 367 Undeveloped 448 359 The southern portion of the Project Area contains a portion of the Industrial Specific Plan (with an area of approximately 4.755 acres in size). This Specific Plan provides an overall master plan for business, commercial, and industrial uses in this portion of the Project Area. Roughly 30% of the area within the Specific Plan is currently developed. The Specific Plan provides for the remaining area to be developed during the next IS to 20 years. The Specific Plan also provides for approximately 1,093 acres devoted to indusMal pazk use for office, research and development activities, as well as 1.850 acres for general industrial uses, and 1,212 acres for manufacturing industrial users. The remaining area within the Project Area generally includes parcels which follow the major easUwest arterial of Foothill Boulevard. Land uses within this area are largely devoted to commercial and office use with some scattered sites of vacant land. Based on the total assessed valuation of properties within the Project Area, the table below is a listing of the largest property owners and corresponding assessed valuation of all their holdings: B-2 TABLE B-2 RANCHO REDEVELOPbtE\`p PROJECT AREA Major Property Owners in the Project Area (Secured Valuation Only) 198990 Percent of Assessed Total Secured Name of Cotn_nanv Valuation Assessed Valuation Ill General Dynamics Corp. $103.988,130 5.9% State Street Bank Trust Co. 43,9'4,.585 2.5 Western Properties 39.109,803 2.2 West Coast Liyuidators. Inc. 31,426.412 LB Ixwis Development Co. 20.2(H7.916 Ll G & G Investment Co. 19,297.0(10 1.1 Lincoln Rancho 18.727,200 ].1 Westland Real Esmte Parmets Ltd. 17,686.800 1.0 Rancon Realty Fund III ]6,992,] 13 1.0 Roy E. Daly & Co 14.992,113 .9 Mission Land Co. 13.539.14] .8 Lincoln Arrow 13.515,000 .8 Berendo Property 12,714,928 .8 Rancho Verde VtBage 12,714,426 .7 ParschecW'Hackbanh 12.518,399 .7 (11 Total Srcnred Valuation (or Oscal year 1989/90 is 51,770.145,601. Source County of San Bernardino Assessor's Office. Assessed Valuafious The table below sets forh the assessed vafiations and the tax charges and delinquencies in the Project Area. TABLE B-3 RANCHO REDEVELOPMENT PROJECE AREA Assessed Valuations Fiscal Year Local Secured (11 1 iI'cv 1lttSgGJii.C~ TSl~ 1987!88 $1.180,579.643 $221,430,770 $107,140,981 $1,509.151,394 1988!89 1.407,897,605 5,461,430 132,917.372 1,546.27u,407 ] 9K9!9(1 1.770,) 45,6(11 5.368,372 166,238,320 1,941,752,293 1990191 2,132,301,019 5,810.A02 2fr9,497,300 2,347.615,121 1941/92 2,392,950,597 5,547,824 238.948,196 2,637,446,617 111 Homeowner exertynimt Included in value. San BemaNino County reports do not show the breakdown by food Snuree: Rancho Gsarnooga Redevelopment Agerx:y. B-3 TABLE Bjl ,~ RANCHO REDEVELOPMENT PROJECT' AREA Tax Chazges and Delinquencies Secured Amoun! Delinquent % Delinquent ~x Charee (11 une Tune 3(1 198R/89 $10,385,386.29 ($45,329.01? --- 1989/90 13,855,568.12 252,59L41 1.82%~ 1990/91 17,421,837.61 1,710,205.43 6.37 f 11 1 SE General ux levy apponionmeot. Source: California Municipal Statistics. Iuc Tax Increment Revenues The table below sets forth the Agency's audited collection of annual tax increment revenues from the County for the past five fiscal years. The following table also sets forth the County's annual billing for the same five fiscal years. TABLE B-5 RANCHO REDEVELOPMENT PROJECT AREA Agency Tax Revenue Receipts and County Billings Fiscal Yeaz 198N87 }987/86 198669 1989/90 1990N1 Audited Receipt $8.3]4.011 $11.525,179 $13,586,366 $18,469,545 $21,954,666 County Billing $7.830,248 $10,633,000 $12,468.000 $16,423,679 $20,482,308 Percentage Received (1) 106% 108% 109% 112% 107% (11 The difference bebvew the Couotys billing and the Agency's actual receipts is attributable to Supplemeaul Assessment collections and prior period delinquency waectioos. See "Risk Factors, Lunitations on Tax Revwues and Possible Spending Lirrvtatians'". Source: Rancho Cucartaoga Redevciopment Agency B~ APPENDIX C SU:1i11.ARS OF PRINCIPAL LEGAL DOCUMENTS QyG nitinns "Act" means the "Mello-Roos Community Facilities Act of 1982", as amended, being Chapter 2.5, Pzrt i. Division 2, Title 5 of the Government Code of the State of California. "Additional Bonds" means any additional bonds issued by the District as permitted by Section 32 oC this Indenture on a parity with the Bonds. "Administrative Expenses" vteatts the administrative costs and expenses with respect to the calculation and cohecdon of the Special Taxes, the payments on the Bonds and any other costs directly related m the administration of the Bonds or the Specia] Taxes for which the Special Taxes may be levied in accordance with the Aci, which amount will not exceed $_ each year. "Annual Debt Services" means, for each [welve month period ending August 1, the sum of (1) the interest falling due on the Outstanding Bends in such twelve month period, assuming that the Outstanding Serial Bonds are retired as scheduled and (2) the principal arnount of Outstanding Bonds falling due by their terms in such twelve month periaf. "Authorized Investments" means any of the following to the extent such securities are eligible for the legal inves'unen[ of funds of the Distria: (II United States Treasury notes, bonds. bills or cenificates of indebtedness, or those for which the faith and credit of the United States is pledged for the payment of principal and interest; (21 Time cenificates of deposit or negotiable cerificates of deposit issued by a state or nationally chanered bank or trust rompany, including the Fiscal Agent, or a state or federal savings and loan association; provided, that such certificates of deposit shall be (i) wndnuousl}~ and fully insured by the Federal Deposit insurance Corporation. or (ii) issued by any bank or trust company organized under the laws of any state of the United States of America or any national banking association fincluding the Fiscal Agent) having (A) a combined capital and surplus of at least one hundred million dollars ($100,000,000) and (B) a rating of its Tong-term unsecured obligations in either of the two highest (excluding any modifier) categories by Standard & Poor's Corporation and Moody's Investors Service, Inc. and such certificate. shall have maturities of six (6)months or less, or (iii) continuously and fully secured by such securities as are described in clause (1) above, which securities shad have a market value (as determined on amarked-to-market basis calculated at least weekly, and exclusive of accrued interesq of not less than the principal amount of such certificates of deposiC f3) Bills of exchange or time drafts drawn nn and accepted by a commercial bank (including the Fiscal Agenry, otherwise known as bankers' acceptances, which aze eligible far purchase by members of the Federal Reserve System; provided, that purchases of eligible bankers' acceptances may not esreed two hundred seventy (270) days ma;ariry: (4) Commercial paper of "prime" yualiry of the highest ranking or of the highest leer and numerical rating as provided by either Moody's Investors Service, Inc. C-1 ("Moodv's'") or Standard & Poor's Corporation ("Standard Rc Poor's"I, which commercial paper is limited to issuing corporations that aze organized and operating within the Un t, ed Sates of America and tha[ have rota? assets in excess of five hundred million dollars (SSOO,OW.000) and that have an "A" or higher rating for the issuer's debentures, other than commercial paper, as provided by either Moody's or Standard & Poor's; provided, that purchases of eligible commercial paper may not exceed one hundred eighty (1 RO) days maturity nor represent morn than ten percent (]09c)) of the outstanding commercial paper of an issuing corporation; (5) Obligations issued by the Government National Mortgage Association, the Federal Farm Credit System. the Federal Home Loan Board, the Federal National Mortgage Association, the Student Loan Marketing Association, and the Federal Home Loan Mortgage Association: (6) Bonds, notes, warrants or other evidence of indebtedness of the State of California or of any political subdivision or public agency thereof which are rated in one of the two highest short-term or long-term rating categories by either Moody%s or Standard & Poor's; (7) Lnits of a taxable government money market portfolio restricted to obligations issued or guaranteed as to payment of principal and incerest by the full faith and credit of the United States of America or repurchase agreemenu collateralized by such obligations; (R) The Local Agency Investment Pund established pursuant to Section 16429.1 of the Government Code of the State of California. Obligations purchased as investments of monies in any fund or account in which investments are authorized shall be deemed at all times to be a part of such fund or account. Any income realized nn cr losses resulting from such investments shall be credited or charged to the Fund or Account from which such investment was made; provided, however, (i) investment earnings on all amounts in the Excess Earnings Fund shall be deposited therein, and (ii) all other investment eamirgs shall be deposited in the Special Tax Fund. "Average Annual Debt Service" means the average Annual Debt Service during the term of the Bonds. "Bondholder," "Bondnwner," "Owner," or "}{older of Roods". or any similar term, means any person who shall be the registered owner or his duly authorized attorney, trustee, representative or assign of any Outstanding Bond which shall at the time be registered. For the purpose of Bondholders voting rights or consents, Bonds owned by or held for the account of the Issuer, or the Distict directly or indirectly, shall not be counted. "Bonds" shall mean all Bonds and Addiuonal Bonds of the District at any time Outstanding pursuant to this Indenture and which were authorized at the special election in the District on Tune 2R. 19R4. "Bond Year" means any period of twelve consecutive months or less selected by the Issuer. "Business Day" means a day which is nm a Saturday or a Sunday or a bank holiday under the laws of the United States or the State of Caifomia. "City" means the City of Ranrho Cucamonga, California. C-2 "Code" means the Internal Revenue Code of 1986. as amended. "Costs of Issuance" means all of the costs of issuing the Bonds, including but not limited to, all printing and document preparation expenses in connection with this Indenture, the Bonds and the Official Statement pertaining to the bonds and any and all other agreements, instruments. cettificates or other documents issued in connection therewith; legal fees and expenses of counsel with respect to the financing of the Project; any computer and other expenses incurred in connection with the Bonds; the initial fees and expenses of the Fiscal Agent (including without limitation, acceptance fees and first annual fees payable in advance): and outer fees and expenses incarred in connection with the issuance of the Bond to the extent such fees and expenses are approved by the District. "Delivery Date" means the date on which the bonds are issued and delivered to the initial purchaser [hereof. "District" means Community Facilities District No. 84-1 (Day Creek Drainage System of [he City. "Escrow Trust Agreement" means the Escrow Tmst Agreement between the District and Bank of America Kational Trust and Savings Association, as escrow agent. "Fiscal Agent" means thereto dated the Delivery Date, and any successor "Fiscal Yeaz" mean the 12 month period terminating on June 30 of each year, or any other annual accounting period hereinafter selected and designated by the Issuer as its fiscal year in accordance with applicable law. "Govemment Obligations" means (a) direct obligations of the United States of America (inc!uding obligations issued or held in book-entry term on the books of the Department of the Treasury of the L'rited States of America) or obligations the payment of the principal of and interest on which guaranteed by the United States of America, (b) obligations of state or local government municipal bond issuers, provision for the payment of the principal of and interest on which shall have been made by depose with a tmstee or escrow agent of Government Obligations described in (a) above, the maturing principal of and interest on which, when due and payable, shall provide sufficient money to pay the principal of, premium, if any, and interest on such obligations of state or local government municipal bond issuers, provided that such obligations shall be rated in the highest rating category any nationally recognized debt-rating agency or bureau which may be acceptable to the District and (c) cettificates which evidence ownership of the right to the payment of the principal of and interest on obligations described in clauses (a) and (b). provided that such obligations aze held in the custody of a bank or trust company which is a member of the Federal Deposit Insurance Corporation and which has combined capita] surplus and undivided profits of not less than $20,000,000 in a special account separate from the general assets of such custodian. 'Grass Taxes" means (i) all Special Taxes, (ii) proceeds fmm the sale of property cotlected pursuant m the foreclosure provisions of the Act and this ]ndenmre for the delinquency of such Special Taxes, and (iii) all amounts received by the District or the City under that certain Loan and Pledge Agreement between the Ciry and the Redevelopment Agency of the City. 'Indenture" means this Bond Indenture, as amended or supplemented pursuant m [he terms hereof. "Interest Payment Date" means February 1 and August 1 of each year, commencing August 1, 1992. C-3 "Issuer" means the District. "Legi.dative Body" means the Cin~ Council of the City of Rancho Cucamonga. California "bfaximum Annual Debt Service" means, as computed from time to time pursuant to the provisions hereof, the largest Annual Debt Service during the period from the date of such determination through the final maturity of am~ Outstanding Bonds. "Opinion of Coansel" means a written opinion of an attorney at law or a firm of attorneys at law of nationally recognized standing in matters pertaining to the tax exempt nature of interest on bond issued b}' state and then political subdivisions accepmble to the District. "Outstanding Roods" means all Bonds theretofore issued by the District, except (i) Bonds theretofore canceled or surrendered for cancellation in accordance with [he Bond Indenture, (2) Bonds for the payment or redemption of which monies shall have been theretofore deposited in trust (whether upon or poor 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 provided in the Bond Indenture or any applicable Supplemental Indentum. "Principal Payment Date" mean August 1 of each yeaz, cotrtmencing August 1, 1992. The "Public Facilities" means the facili[ies as described in that certain document entitled "City of Rancho Cucamonga, Community Facilities District No. 84-I (Day' Creek Drainage Systeml. Community Facilines District Report"approved by the legislative Body and which is on file in the Office of the City Clerk. "Record Date" shall mean the fifteenth (15th) calendar day of the month immediately preceding an Interest Payment Date. 'Refunded Bonds" means the Special Tax Bonds, Series A, of the District originally issued in the aggregate principal amount of $18,BBB,(x10.(JB and dated August 1, 1985. "Refunding Costs" means the cost described in Section 53363.8 of the Act. "Regulations" means the regulations promulgated under the Internal Revenue Code of 19R6, as amended. 'Reserve Fund Requirement" means the lesser of (i) Maximum Annual Debt Service for the Bonds. (ii) one hundred and twenty-five percent (125%n) of the Average Annual Debt Service for the Bonds, or (iii) ten percent (10%) of the initiate aggregate principal amount of the Bonds, less any original issue discount, plus any original issue premium. "Series" means all Bonds authorized and established pursuant to this Indenture or a Supplemental Indenture as cr,nstituting a Series and delivered on original issuance in a simulmneous transaction and any Bonds thereafter executed and delivered in lieu thereof or in substitution therefor. "Special Tax" nr "Specia) Taxes" mean the Special'fax described in, and authorized to be levied in and for the District pursuant to the Ac! at. the special election held in the Distrim nn June C-0 28. 1984, and subseyuenth' levied pursuant to the provisions of Ordinance No. 2G3 adopted by rite Issuer, as the same may be amended pursuant to the Act. "State"means the State of Catifomia. "Supplemental Indenmre" means am bond indenture then in full force and effect which has been duh~ approved by resolution of the Legislative Body under and pursuant to the Act at a meeting of the Legislative Body duly convened and head. at which a quorum was prevent and acted thereon, amendatr.ry hereof or supplemental hereto; but only if and to the extent that such Supplemental indenttue is specifically authorized hereunder. 'T'reasurer" means the Treasurer of the City, acting nn behalf of the District Funds and AccouB~ Esta lishment of Soecia' Fends and 4cc~unts Therein. The following funds are hereby created and esublished pursuant to etie Bond Indenture and shall be maintained by the Treasurer or the Fiscal Agent pursuant to the provisions thereof: (p Refunding Fund (the "Refunding Fund"); (2) Special Tax Fund" fthe "Special Tax Fund"); (3) Reserve Fund (the "Reserve Fund"); (4) Bond Service Fund (the "Bond Service Fund"); (5) Excess Earnings Fund (the "Excess F.amings Fund"); (6) Redemption Fund (the "Redemption Fund"). Special Tax Fund. Except for prepayments of the Special Tax, if any, to be deposited as set fonh below, the Treasurer shall, within ten days of each date nn which the Gross Taxes have been received by the Treasurer, transfer the Net Taxes to the Fiscal Agent for deposit in the Special Tax Fund. All Net Tax receiptt shag be held in trust and transferred in the amounts and priority set fonh in the Bond Indenture. Any amounts remaining on deposit in the Special Tax Fund when there are no longer any Bonds Outstanding shall be transferred to the Uisrict and used for any lawful purpose under the Act. Bond rvi e~tsl. As soon as practicable, but no later than the fifth day prior to each Interest Payment Date, the Fiscal Agent shall withdraw from the Special Tax Fund and place in the Bond Service Fund an amount equate together with amounts on deposit therein, to all of the principai and all of the interest due and payable on all of the Bonds, including mandatory' sinking fund redemption payments, nn the next Interest Payment Date. On each Interest Payment Date the Fiscal Agent shall pay Crom the Bond Service Fund to the Owners the amount of principal and interest on the Bonds due and payable, including mandatory sinking fund redemption payments, on such Interest Payment Date. The Fiscal Agent shall transfer any monies remaining in the Bond Service Fund when there ate no longer Bonds Outstanding, to the Special Tax Fund. Reserve Fund. There shall be maintained in the Reserve Fund an amount equal to the Resent Requirement. Monies in the Reserve Fund shall be used solely for the purpose of paying C-5 the principal of and interest on the Bonds in the event that the monies in the Bend Service Fund are insufficient therefor. The Fiscal Agent shall withdraw from the Reserve Fund, for deposit in the Bond Service Fund. monies necessary for such purpose. Notwithstanding anything herein to the convary, un July I, or the first Business Day thereafter if July 1 is not a Business Day, of each year, if the amount on deposit in the Reserve Fund is less than the Reserve Reyuirement as a result of a vansfer of funds from the Reserve Fund to the Bond Service Fund or a loss on the investment of the Reserve Fund, the Fiscal Agent shall vansfer to the Reserve Fund from the fast available monies in the Specia! Tax Fund an amount necessary to increase the balance therein to the Reserve Requitement If on Iuly 1, or the first Business Day thereafter if July 1 is not a Business Day, of each vear, if the amount on deposit in the Reserve Fund is in excess of the Reserve Requirement, the Fiscal Agent shall transfer such excess to the Boed Service Fund. Monies in the Reserve Fund shall be transferred to the Bond Service Fund on the final maturity of the Bonds and used to pay the principal of and interest on the last Outstanding mattnity of the Bonds. Refundin~F tt nd. (a) Within the Refunding Fund, the Fiscal Agent shall establish the following accounts (I) Refunding Account; and (2) Costs of Issuance Account (b) The Fiscal Agent shall disburse money from the Costs of issuance Account on such dates and in such amounts as are necessary to pay Costs of Issuance. Any amounts remaining on deposi[ in the Costs of Issuance Accoun[ on the earlier of the date on which the Disvic[ has notified the Fiscal Agent in writing that all Costs of Issuance have been paid or one yeaz after the date on which the Bonds are delivered shall 6e transferred to the Bond Service Fund. icl The Fiscal Agent shall disburse monies from the Refunding Account to pay the Refunding Costs pursuant to the Escrow Trust Agreement Excess Earnings Fund. The District shah cause to he calculated Excess Earnings in accordance with the Rebate Certificate. and shall cause the payment of Excess Earnings held in the Excess Earnings Fund to the United States of America in accordance with the Rebate Certificate. Bond Redemption Fund. Monies deposited into the Bond Redemption Fund shall be set aside and used solely for the purpose of redeeming Bonds as directed in writing by the District and in accordance with the Band Indenture. Following the redemption of any Bonds, it any surplus remains, said surplus shall be transferred to [he Special Tax Fund. All monies received by which represent the prepayment of Special Taxes shall be deposited in the Redemption Fund. Monies representing such prepayments of Special Taxes shall be invested only in Government Obligations and shall be utilized to redeem Bonds a[ the earliest practicable redemption date. nv tment of Funs. Unless otherwise specified in this Indenture, monies in the Special 'iax Fund, Bnnd Service Fund, Reserve Fund and Redemption Fund shall be invested and reinvested in Authorized Investments. C-6 Supplemental Indenmres Amendments or Sup lements. The Legislative Body may, by adoption of a resolution from time to time, and at any time, without notice to or consent of any of the Bondholders, approve a Supplemental Indenmre hereto for any of the following purposes: (a) to cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provision with respect to matters or questions arising under this indenture or in anv Supplemental Indenture, provided [hat such action shall not adversely affect the interests of the Bondholders; (b) M add to the covenants and agreements of and the limitations and the restictions upon the District contained in this Indenture, other covenants, agreements, limitations and restrictions to be observed by the District which are net contrary to or inconsistent with this Indenture as theretofore in effect; (c) to modify, alter, amend or supplement this Indenture to preserve the exclusion of interest on the Bonds from gross income for purposes of federal income taxation or in any other respect which is not adverse to the interests of the Bondholders; or (d) to establish the terms and conditions of the issuance of Additional Bonds as permitted by the Bond Indenture and to provide the terms and conditions under which such Additional Bonds may be issued. Exclusive of the Supplemental Indenmres provided for in the Bond Indenmre, the Owners of not less than G09c in aggregate principal amount any Series of Bonds then Outstanding shall have the right tc consent to and approve the adoption by the District of such Supplemental Indenmres as shall he deemed necessary or desirable by the District for the purpose of waiving. modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisimrs contained in the Bond indenture with respect to such Series: provided, however, that nothing herein shall permit, or be construed as permitting, (a) an extension of the maturity date of the principal of, or the payment date of interest on, any Bond, (b) a reduction in the principal amount of, or redemption premium on, any Bond or the rate of interest thereon, (c) a preference or priority of any Bond or Bonds over any other Bond or Bonds. (d) a reduction in the aggregate principal amount of the Bonds the Owners of which are requved to consent to such resolution or order, without the consent of the Owners of all Bonds then fhttstanding, or (e) creating of a pledge of or lien or charge upon the Net Taxes superior to the pledge provided for in the Bond Indenture. Additional Bonds. If at any time the Legislative Bndy determines that the District will not have sufficient monies available from other sources to pay the cosh of the construction or acquisition of the Public Facilities, the Legislative Body, on behalf of the District, may provide for the issuance of and sell Additional Bonds in such principal amount as it estimates will be needed for such purpose, subject to the following conditions precedent to such sale. (a) The amount of such Additional Bonds, when combined with previously issued Bonds, shall not exceed the amount authorized for the District which amount is $20,225,000.00. (h) The District shall be in compliance with all covenants set forth in the Bond Indenmre, (c) A certificate of the City Manager, or his or her designee, demonspating that the Grass Taxes which are capable of being levied or received by the. District based upon C-7 the then taxable property in the District anti at Special Tax rates not exczeding the authorized maximum Special Tax tales, is rat leas[ equal to one hundred and ten percent (110'`¢) of the Maximum Annual Debt Service on all Outstanding Bonds subsequent to the issuance of the Additional Brands. (dl The Additional Bonds shall be on such terms and conditions as may be set forte in a Supplemental Indenture duh~ adopted by the Legislative Body, which shall provide that (il such Additional Bonds shall be issued substantially in accordance with the terms o(the Bond Indenture, fii) such Additional Bonds shall rant have a final maturity dale prior to the final maturity of any previoudy issued and Outstanding Bonds; and (iii) a portion of the Additional Bond proceeds shall be deposited into the Reserve Fund in an amount sufficient, together with the balanm of the Reserve Fund, to equal the Reserve Requirement on all Outstartding Bonds. Patin of Bonds. If Additional Bonds are authorized and issued, the Bonds and the Additional Bonds shall be on an equal parity, and the Owners thereof shall be entitled to share equally in the proceeds of any Special Taxes, and neither the Bonds nor the Additional Bonds shall have a priority position to any Special Taxes. v nant . As long as the Bonds are outstanding and unpaid, the shall (through its proper members, officers, agents or employees) faithfully perform, or cause to be performed, and abide by all of the covenants and agreements set forth in the Bond Indenture for the benefit of the Bondholders which covenants and agreements aze hereby deemed necessary, convenient and desirable to secure the Bonds and will tend to make them more mazkemble; provided, however, that said covenants do not requce the District to expend any funds other than the Gross Taxes. (al The District will review the public records of the Issuer in connection with the collection of the Special lax not later than Aug¢st I of each year to determine the amount of Special Tax collected in the prior Fiscal Yeaz: and if the amount so collected is less than ninety five percent (95%) of the amount of the Special Tax levied in such Fiscal Yeaz, District will instinne foreclosure proceedings not later that the succeeding November 1 as authorzed b}' the Act in order to enforce the lien of the delinquent installments of the Special Tax against each separate lot or parcel of land in the District and will diligently prosecute and pursue such foreclosure proceedings to judgment sale. Initiation of such foreclosure proceedings may be defered if the amount on deposit in the Reserve Fund is maintained at a level at least equal to the Reserve Requirement (b) The Distict shall preserve and protect the security of the Bonds and [he rights mf the Bondholders and defend their rights against all claims and demands of all persons. Until such time as an amount has been set aside sufficient to pay Outstanding Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to mamrity or to the date of redemption if redeemed prior to maturity, the District will faithfully perform and abide by all of the covenants, undertakings and pro•~isions conuined in the Bond Indenture or in any Bond issued thereunder. (cl The District has diligently carried out to completion with all practical dispatch, [he acquisition or conswction of the Public Facilities financed with the proceeds of the Refunded Bonds in accordance with the Act and the proceedings for the formation of the District and in a sound and economical manner. The Public Facilities acquired or conswcted may be modified as provided in the Act, but no modification will be made which would suhstantially impair the security of the Bonds or the rights of the Bondholders. The District will maintain the Public Facilities in accordance with customary and reasonable maintenance and repair practices for such facilities. C-R (dl Except as others~ise permitted in the Bond Indenture, the District will nod issue any obligations payable, principal or interest, from [he Gross Taxes which have, or purport to haw, any lien upon the Set Taxes superior to or on a parity with the lien of the Bands herein authorized; provided. heweeer, that nothing in the Bond Indenture shall prevent the District from issuing and selling, pursuant to law, refunding bonds or other refunding obligations payable from and having a first lien upon the Net Taxes on a parity with the Outstanding Bonds, if such refunding bonds or oiher refunding obligations are issued for the purpose of. and are sufficient for the purpose of, refunding all of the Bonds authorized by die Hond Indenture and then Outstanding. (e) The Distritt will duly and punctually pay or cause to be paid the principal of and interest nn each of the Bends issued hereunder on the date, at the place and in the manner provided in said Bonds, solely from the Gross Taxes and other funds as may be herein provided in the Hond Indenture. (f) The Legislative Bodv will each year levy the Special Tax described in Ordinance No. 263. to the extent necessary and permitted by the Act and these proceedings in order to yield the required debt service payments and to replenish the Bond Reserve Fund as prrn•ided for in the Rond Indenture. (g) The Disrict will at all time keep, or cause to be kept, proper and current books and accounts (separate from all other records and accounts) in which complete and accurate entries shall be made of aH vansactions relating to the acquisition or construction of the Public Facihties, the refunding of the Refunded Bonds and the Special Tax revenues and other funds provided in the Bond Indenture. (h) The District shall neither authorize nor permit advance payment of any special rax obligaticin so as to impair the security for the Roods. li) The District will not directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the Disvic: or take or omit to take any action that would cause the Bonds to be "private activity bonds" within the meaning of Section 141 of the Ccde, nr obligations which are "federally guaranteed" within the meaning of Section 149(b) of the Code. The District will not allow five percent (5%) nr more of the proceeds of the Bonds to be used in the wade or business of any non-governmental units and will not loan five percent (5°k) or more of the prceeeds of the Bonds to any non- governmental unit. The District covenants in the Bond Indenture that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Bonds under Section 103 of the Code. The District will not directly or indirectly use or permit the use of any proceeds of the Bonds or any other funds of the District, or take or omit to wke any action, that would cause the Ronds to be "arbitrage bonds" within the meaning of Section ]4R(a) of the Code. (jl The District shall do and perform or cause to be done and performed all aces and things required to be done or performed by or on behalf of [he District under the provisions of the Bond Indenture. The District warrants in the Bond Indenture that upon the dace of execution and delivery of the Bonds, the conditions, acts and things required by law and the Bond Indenture to exist, to have happened and to have been performed precedent to and in the execution and delivery of such Bonds do exist, have happened and have been performed and the execution and delivery of the Bonds shall comply in all respects with the applicable laws of the State. G9 (k) The District sl><oll not directh' or indirectly exte^,d the maturity dates of the, Bonds or the time of payment of interest with respect thereto. Defeasance. The right, title and interest of the Fiscal Agent and Owners in and to the Bond Indenture and the funds, accounts and subaccoun[s created b}• the Bond Indenture shall cease, terminate and become void when: (a) (1) the Bonds secured by the Bond Indenture have become due and oavable in accordance with their terms or otherwise as provided in the Bond Indenture, and the whole amount of the principal and the interest and premium, if any, so due and payable upon all Bonds have been paid: or (2) if the Fiscal Agent holds money or non-callable Government Obligations, or a combination of both, that are sufficient in the aggregate to pay the principal of. and the interest and redemption premium, if any, on all Bonds then Outstanding to the maturity date or dates of such Bonds or to the date or date specked for the redemption thereof, and if the Bonds are due and payable by reason of a call for redemption, irrevocable instructions to call the Bonds for redemption shall have been given by the District to the Fiscal Agent, and (b) Sufficient funds shall also have been provided or provision made for paying all other obligations payable hereunder by the District Notwithstanding the foregoing. **-he Fiscal Agent shall retain such rights, powers and privileges under the Bond Indenture as may be necessary and convenient in rerpec; of the bonds for the payment of the principah interest and any premium on which such money and Government Obligation have been deposited. All money and Govemment Obligations held by the Fiscal Agent pursuant to the Bond Indenture shall be held in trust and applied to the payment, when due, of the Bonds and obligations payable therewith. Fiscal Aeent. The District may a: any time at its sole discretion remove the Fiscal Agent initially appointed, and any successor thereto, by delivering to the Fiscal Agent a written notice of its decision to remove the Fiscal Agent and may appoint a successor or successors thereto; provided that any such successor, other than the Treasurer, shall be a bank or trust company having a combined capital (exclusive of borrowed capim]) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by Federal or Slate authority. Any removal shall become effective only upon acceptance of appointment by the successor Fiscal Agent or the Treasurer. If any bank or trust company appointed as a successor publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred tn, then for the purposes of the Bond Indenture the combined capita] and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the District and by giving to the Owners nonce of such resignation, which notice shall be mailed to the Owners at their addresses appearing in the registration books in the office of the Fiscal Agent. l.'pon receiving such notice of resienation, the District shall promptly appoint a successor Fiscal Agent by an instrument in wtiting. Any resignation or removal of the Fiscal Agent and appoinUnent of a successor Fiscal Agent shall become effective only upon acceptance of appointment by the successor Fiscal Agent. C-10 APPENDIX D RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES D-1 APPENDIX E FORM OF BOND CO[iNSEL OPINION E-1 MASTER PLAN FOR THE RANCHO CUCAMONGA PUBLIC LHiRARY Prepared by Raymond M. Holt & Associates, Library Consultants September 5, 1991 Raymond M. Holt & Associates, Library Consultants P.O. Buz 745, Del Mar, California 92014 Telephone 619.755-7878<c<»>FAX: 619-481-2927 ., TABLE OF COIr"I'E:VTS PAGE CFIAPTER 1 EXECl.f1'1VE SU:vIIviARY 1 Findings 1 Demographics 1 Geography and the Distribution of Population 2 Streets and Highways 2 Traffic Studies 2 Economic Development 3 Current Pubhc Library Services and Facilities 3 Forces Shaping Future Libraries 3 Library Organizatlonal Stcucnue 3 Library Service Areas 3 Sim Requirements 4 Standards and Guidelines 4 Recommendations 4 Priorities 5 Tune Table ~ CHAPTER 2 PROFII.ING THE COMMUNITY 8 Assumptions g Findings 9 The Community 9 Census Profile 10 Geography and Topography 12 Traffic and Future Access 12 ii CFIAPTER 3 PLANNING A LIBRARY SY5TEb1 FOR RAI~'CHO CUCAMONGA 14 Forces Which Will Shape the Fume of the Rancho Cucamonga Library 14 Demographics 14 Technology and the Library 15 The Library System Concept 18 The Library Service Area 18 Library Services 19 Serrices CAttsidcrad Basic for All Libraries 19 Supplementary Library Services 19 Library Space Needs 20 The Central Paris Library's Collections and Services 21 Branch Library Facility Guidelines 21 Service Area Population Z 1 Criteria f~ Site Selection 22 Size of the Stanch Library 25 Collection Space 26 Seating Space 26 Staff 26 Meeting Rooms 26 Miscellaneous Spaces 27 Conversion of Net Sizs m Total Siu 27 Paridrtg and Site Requirements 27 Stotefiont Operation 27 Priorities 28 Priority No. 1: Establishment of a Municipal Library Following Formal Withdrawal from the San Bernardino County Librtuy System 28 iii Priority No. 2: Establishment of a Permanent Fwding Source Commensurate with the Operations! Requirements ,~ ~~~~ 28 Priority No. 3: Central Park Library 2S Priority No. 4: Esrablishmen[ of Branch Libtaties 24 Priority No. S::vtiscellaneous Extension Services 29 iv FIGURES Figure 1 Possible Branch Library Service Areas Figure 2 Estimared Popularion from 1990 Census for Proposed Branch Library Service Areas 1l 1fASTER PLAN FOR THE RANCHO CUCAMONGA PUBLIC LIBRARY Prepared by Raymond J1. Holt & Associates, Library Consultants September 5, 1991 CHAPTER I EXECUTIVE SUMMARY The Consultants were retained to examine the library facility needs of the presen[ and future population of Rancho Cucamonga for the next two decades. This required the examination of a variety of data including demographic patterrband current trends in library services affecting library services and collections including the impact of electronic information technology and resources. Cottununitv input was provided by the Library Task Farce with rcpn:sentatives from the Friends of the Library, and Chamber of Commerce as well as ciriuns-at-large. Data was also gathered from the City Planning Deparmxn[ through the office of Linda Daniels, Deputy City Manager. The principal findings and recommendations are presented briefly in this Execu[ive S ununary and at greater length in subsequent chapters of the report FINDINGS The major fmdings of this study are indicated below, other fmdings arc elabora[ed on in the chapters which follow. Dsmograpbics The demographic profde of the current population and that projected for the future exhibits strong correlation with those characteristics associated with above average Ibrary usage: higher levels of educational attainment, above average incomes, younger ages, and diverse employment opportunities. These characteristics coupled with continued rapid grow[h point to a high demand for quality library services and facilities. 1. Preliminary figures Cram the United States Census Bureau place the 1990 population at 101,409. 2. The City Planning Department indicates the build-out population will number approximately 178,370 reached sometitne between 2015 and 2020. the Southern California Area Govemmcnt (SCAG) forecast for 2000 i5 127,500 with 170,380 projected for 2010. 3. The City Planning Departtnent's profile of the current population shows a trend towazd individuals with more education, higher incomes and "' diversified occupations. 4. While the local employment bau is growing tepidly, many residents routinely rake advantage of the freeway system to commute daily to distant[ lobs elsewhere in San Bernardino County as well as in Los Angeles, Orange and Riverside Counties. 5. The City's population is generally younger and somewhat less ethnically diverse than that of the Statr~pf California. However, there is evidence of significant minority groups Ytving in certain areas of the City, especially in the southwestern quadrant 6. Housing opportunities have provided a family orientation for much of Rancho Cucamonga B. Geography and thr Distribution of Population The City of Rancho Cucamonga extends sou[hward from the foothills of the San Gabriel momtains. The irregular [erraitr of the upper slopes lends itself to tow density housing and estate-sized lots. A variety of subdivisions and the older homes of the original residential areas neaz the major arterials contain most of the population. Two planned cowmunities add further zest to the City's residential inventory. while commercial enterprises and retail facilities border important thoroughfares, much of the southeastern quadrant is devoted to industrial use. C. Streets and Highways The pattern of internal streets and highways follow a fairly consistent grid pattern. Freeways include T-10 along the southern border of the Ciry, I-15 along the eastern boundary and the future extension of the Foothill Freeway across the nid-section of the City. These provide accelerated access to both regional and transcontinental destinations. Major easo-west thoroughfares such as Arrow Highway, Foothill and $ase Line and north-south thoroughfares such as Vineyard/Carnelian, Archibald, Haven and Milliken ate heavily used and help m identify areas of the City. D. TrafJ7c Sludiet Projected traffic studies based on rxent counts repotted by the Ci[y indicate a gradually rising voltttrte of traffic on the internal strsets and thoroughfares. While the percentage of increase varies substantially depending upon the particular sweet location, a general increase of 25-5096 seems to be a reasonable expectation during the next l0 years. The vclume of tnaffu on some arterials will change considerably with the completion of the Foothill Freeway sometime after the year 2000. The most noticeable projected consequence of this increase in traffic will be the greater amount of time required to travel within the City. This is an important factor in the planning of :uttue branch library facilities since convenience and easy access, including brief travel tirx, is a key to branch library usage. E. Economic Development A wide variety of commercial and industrial enterprixs havc replaced agricultum az the primary economic focus of the City. While industrial land uxs range widely, many axe products of technolo With substantial tracts of land available, industrial and comn,..r;oi development is expected m continue. The strength of this economic box will be reinforced by the diversity of its commercial and industrial enterprixs. The proximity of the Ontario Intemadonal Airport and the network of ttanscontinggt freeways are added advantages. F. Current Fubdic Library Services and Facilities Public library xrvice is cumntly provided by the San Bernardino Countv Library operating a 10,800 sq. ft. branch opened in 1975 on Baseline wort of Hellman, The deficiencies of this library scrvice offerng only 51,000 volumes havc been welFdocumented elsewhere. Some residents ux the Chaffey Community College Library. A law Gbtary is maintained m the Law and Justice facility. G. Forces Shaping Future Libraries Public libraries throughout our nation are buffeted by a world of change including such forces as changing demographic characteristics for the population, a continuation of the dramatic explosion of knowledge, the on-going revolution m electronic communications and media and the reality of budget limitations. Thex forces make it all the !note difficult to meet the challenges represented by a rapidly growing body of increasingly sophisticated users. H. Library Organizational Structure Experience indicates that cost effective library service is best achieved in municipalities by a system of library facilities which includes a main msource/headquarters library and such branch libraries as may be required to provide convenient access m potential users Other types of extension xrvices such as bookmobiles, outreach delivery, books-by-[nail, etc., tray be added to meet special group needs and/or unusual conditions. I. Library Service Areas Libraries, like supermarkets, tend to receive most of their ux from residents within a particular part of the community commonly identified as market areas, Becaux of its much larger collections and specialized services, the main resource library will draw its users from a larger market area than will branches. Typically, many People N an tvban arcs will drive a maxunum of 10 minutes at peak traffic rimes to reach a branch facility. Currently, due to the lack of an adequate local library, many Rancho Cucamonga library users must navel as much as 30 minutes to satisfy their library needs. Others, loss motivated perhaps, use libraries infrcquendy, oc not at all. Thrcc potential Library Service Areas, as approved by the Library Task Force have been identified for the Ciry of Rancho Cucttmtsnga: 1. Northwest Branch Library Strvice Area bounded on the north and west by the City limits, on tht east by Archibald Avenue end on the south by Base Line road. 2. Southwest Branch Library Service Area bounded on the north by o Base Line Road, on the east by Haven Avenue and on the south and west by the City limits. 3. Northeast Branch Library Service Atea bounded on the south by Arrow Highway, on the west by Rochester and on the north and east by the City limits. These library facilities tray begin in storefront buildings and graduate eventually m stand-alone sttucturcs. When a suitable storefront building is available, it provides an opportunity m test a general location and begin the development of a branch library without major capital investment. Because of its smaller siu and lower initial costs, branch service can sometiotes begin somewhat sooner than might be the case if a branch library building has m be designed and corstmcted. Site Requirements (`ritcria for locating ii6rary facilities, whether a main library or branches, revolves azound convenience to the user and are almost identical with the criteria used by successful merchants and banks. The major criteria, as applicable to storefront buildings as to permanent facilities, include: I. Easy access 2. High Visibility 3. Proximity m other "magnet" facilities which draw paential users and/or increase the convenience of the location for library users 4. Sufficient Off-street Parking (approximately 1.5 square foot. of parking for each square foot of buiding is considered as "adequate") 5. Sufficient Land for ouiiding, parking, ut-backs and landscaping. K. Standards and Guidelines Applicable guidelines and standards have been described to assist those who will be responsible for the tang-term development of the City's library facilities. These include, but ate not limited to spxific guidelines for collections, seating, staffing, meeting rooms and the conversion of net square footage to gross square footage. II. RECOMMENDATIONS The recommendations of this Master Plan for Library Facilities include: A. Withdrawn! from the San Bemazdino County Library system and the establishment of a municipal library system. B. Appointment of the Library Boazd of Tms[ees consistent with the provisions of the California State Education Cade followed by recruitment of key staff, adoption of a plan of service and roles and regulations for library operations. C.. Construction of the Central Park Library as the main rcsoumellteadquarters library for all Rancho Cucarmnga residents. D. Development of the Electronic Information Network to serve business and industry as an intrinsic part of the Central Park Library's collections and' services. Except where storefront buildings or other leased facilities are used, appropriate sites should be selected according to the site selection criteria described in this study. Such prompt action will avoid the difficulties and higher costs associated with purchasing sites ir. fully built-up areas. F. Future development of as marry as three branch libraries. Southwest Branch Northwest Branch Northeast Branch [II. PRIORITIES Priorities lave been assigned with the close cooperation of the Library Task Force. Top priority must be given to the construction and operation of [he Central Library. This includes the irnportant Electronic Information Network for Business and Industry which will evolve as an integral pan of the development of Business Reference Services for the Central Pazk Library Afuz the Central Park Library has been in full operation for a period of a year or mote, studies should be made to determine the extent of its market area. Based on the results, priorides can be attached to the establishment of the branch libraries. Basic library services to be provided in the Central Pazk Library and in all branches include: Children's Services Young Adult Scrvias Adult Services Reference Services Staff Support Services In addition, the Library Task Force has established the following priorities for additional collections, services and facilities: Cotttputer Usage Business Reference Senior 3ervicts Homework Centers Literacy Ptgam Young Adults Special Program Roorns Audio Visual Discovery Raom for Children Local History FIGURE 1 POSSIBLE BRANCH LIBRARY SERVICE AREAS 1490 CENSUS TRACT BOUNbARIES DRAFT IV. TIME TABLE The rime table for library facilities depends upon many factors. At present the Central Park ~.ibrary is expected to open within three years - by spring or summer 1994. With it, the ~xlectmnic Information Network will become operative, although with a trutimal collection. After the Central Library has ban in operation for a year or more, a study of usage will determine whether or not there are underserved areas vt the City. A schedule for opening and operating branch libraries can then be established. The financial resources available for library development will be a major factor as well. Given this sequence of events, it is unlikely tha[ the fast branch library will be established before 1997-2000. CHAPTER 2 PROFILING THE COMMUNITY Public library services and facilities are successful only to the degree that they match the library needs of the community. With only a few preliminary statistics available from the 1990 census, the following profile must remain tentative. I. ASSUMPTIONS The following assumptions are considered basic: • Population growth will follow Curren[ projections reaching about 178,000 sometime Mtwern 2015 and 2020. • Demographic characteristics will continue to follow current trends accentuating younger families with school age children, higher than average educations and better than average family incomes. • Senior ciduns and ethnic minorities will continue to make up a significant part of the City's population. As the local industrial and commercial employment base expands, an increasing proportion of the population will be employed in Rancho Cucamonga or its environs, • Changes in zoning, as represented by the current General Plan, will be very limited and will not precipitate major modifications in land use, particulazly that affetting residential areas, • Annexations to the City will be limited to the cutrent sphere of influence and will na trigger unforeseen development of large scale residential areas beyond those aheady anticipated • The current system of streets represent the basic grid for internal circulation and will be subject to only mirror modifications in the fume, except for completion of the proposed Foothill Freeway (Route 30). Some charges in local traffic patterns will result from the widening of certain thoroughfares and/or thew extensions. Library service in the future will be provided by the Rancho Cucamonga Public Library s Central Park Library and such branch library facilities as may be deemed appropriaze. • The citizens of Rancho Cucamonga havc expressed strong support for a. higher levei of library service commensurate with their needs. • Adequate public librap~ service is an indispensable componen[ in the distribution and preservation of knowledge essential m democracy and the public welfare. II. FINDINGS While a somewhat longer list of findings cotild be amassed, the following aze considered the most relevant m the Library Master PLm. A. The Community 1. The Ciry includes the thr« fairly distinct communities of Alta Loma, Cucamonga and Etiwanda which combined m form the City of Rancho Cucamonga. 2. The population has more than doubled since the City was incorporated N 1977. Numbering over 100,000 now, the build-out population is exp«ted to teach more than 175,000 soon after the year 7A10. 3. Median household income, which is one of the indicators of potential library usage, is now above 542,000. This surpasses that of the average for San Bernardino County, Riverside County and Otarrge County. 4. Currently, retail and commercial activities arc concentrated mainly along Foothill Boulevard. A future node of large scale commercial and retail development is planned betty«n Arrow and Base Line east of Rochester. However, this is intended to be a major regional shopping center attracting customers far beyond the boundaries of Rancho Cucamonga 5. Industrial zoning, characterized by industrial parks, general industrial enterprises and heavy industry extend south of Artow Highway west of Haven and south of Foothill east of Haven. The large acreage zoned for industrial and commercial development should translate into an increasing number of jobs permitting a higher percentage of the workforce m both live and work within the City. 6. The unincorporated area within Rancho Cucamonga's sphere of influence mns along the northern city limits into foo[hills where topography, Flood control requvements, the existence of the San Bernardino National Forest and other similar conditions will weigh heavily in fumrc development. Most parcels of land in this azea suitable for residential use are likely to be zoned for Inw and very low density housing. 7. The tnajar streets and highways form a fauly regular and consistent grid. Internal residential streets follow typical residential tract development patterns m much of the Ciry featuring a limited number of access points to adjacent arterials. This is particularly evident in the newer planned communities where streets [end to respond tom retrain and the desire m orate mote attractive residential sites. Avow Highway, Foothill Boulevard, Base Line and 19th Stare the roost important east-west arterials. Vineyard/Camelian, Ar]thibald, Haven Milliken, and Etiwanda ate the prnciple north-south thoroughfares. The San Bcmardino Freeway Q-10) is located about 1 [Wile south of the Qjty #.itrvrs while I-15 passes along the eas[em boundary of the City. In the near future, rho Foothill Freeway will pass through the north-cent[al pan of the City between 19th Street and Banyan. 8. Children in Rancho Cucamonga are served by four separate elementary school districts operating elementary and junior high or middle schools. High Schools ate the responsibility of the Chaffey Joint Union High School District. A growing school population continues to create a demand for additional elementary, junior high znd high schools; at least six ate now in some stage of planning or construction. 9.. Chaffey Community College is located in the northeastern pan of the Ciry. It is a dynartde and influential institution for both the Ltity and the western portion of San Bernardino County. The curticula is responsive [o local needs and supportive of vocational as well as acadetttic goals of students. The College is an important partner in any enterprise concerned with education. 10. Because they usually represent the focal point of a community, the location of neighborhood shopping centers are of special interest to planners of library service facilities. This will impact site selection for branch facilities. Census Profile Preliminary 1990 census figures released by the U.S. Census Bureau aze incomplete but begin to provide some insight into population characteristics. Perhaps the most important data, other than the total population figure of 101,409 confirms the general pemepdon that a lazger than average number of childmn live bi the City of Rancho Cucamonga. Fully 25.1% of the population an between the ages of 3 and 19. This is a higher percentage than that shown for either the County of San Bernardino or the State of California. ]ustificarion is thereby provided for the Library Task Force's emphasis on library service to children and young people. The need for convenience of library factilities for members of rho workforce is underscored by the fact that 58.3% of the City's residents are in me age group 20- 59 as compared to 54.1 % for the County and 56.7% for the State. By contras[, the City has fewer than the average number of residents over 60 years of age. 1Vhereas only 7.3% of the City's population is over 60 years of age, 12% of the County's population and 14.2% of rho States population fall into this category. 10 FIGURE 2.1 ESTIMATED POPULATION FROM 199U CENSUS FOR PROPOSED BRANCH LIBRARY SERVICE AREAS 0 31.'3 - Pop; Pop: 9,318 -13,032- Centxnl _. y Park i .11_ __ _, _ Pop: . 10.01 (Poo: ~ Ltibrnr~m Pop: 3,675 _ ~ 19 51 9 7K 20,311 O , P ~ 1,12 8, 62 1'1>: - 30.01. _ - Caunty Librar Pop 3 y 6,34 ~ - Pop: ff .11 18,208 ; ~--- I ,O! 6443 Pop: 1,298 1990 CENSUS TRACT BOUN DARIES ~I TABLE 2.1 AGE OF POPULATION A COMPARISON OF 1990 CENSUS FIGURES FOR RANCHO CUCAMONGA ,SAN BERNARDINO COUNTY, AND THE STATE OF CALIFORNL4 From Preliminary Census Figures AGE GROUP RANCHO SAN STATE OF CUCAMONGA BERNARDINO CALIFORNIA 0 - 4 9.3% 9.7% 8.1% 5 -14 17.7 17.0 14.1 15-19 7.4 7.2 6.9 20-29 16.5 17.4 18.1 30-39 21.2 18.0 17,9 40-49 14.2 11.6 12.6 50-59' 6.4 7.1 8,1 60-69 4.2 6.3 7.2 70-79 2.3 4.0 4.7 80-8d .5 t.0 1.3 85+ .3 .7 1.0 100°/ 100% 100 Source: Census of population and Housing, 1990 Summary Tape file 1 C. GEOGRAPHY AND TOPOGRAPHY Geography plays an important role in the planning of library facilities. Rivers, hWs, canyons, and other prominem features tend [o form barriers and thereby fragment a city's population. Fortumtely, Rancho Cucamonga is free of most such problems. With the exception of the Red Hill area, most of the City lips on a tilted plane with only minor topographic introsions. Most of these occur in the northern part of the City as it moves into the foothills of the San Gabriel mountains. While the anvil-shaped City presently contains approximately 36 square miles, future annexations rosy increase this to abou[ 51 square miles. From east a west, the average city-limit to city-limit distance is about stven miles. Measured from north to south, the average distance is slightly less than six miles. However, because of boundary configuration, the distances arc greater in the northem part of the City, D. TRAFFIC AND FUTURE ACCESS Access tune, convenience and safety are all associated with library facility location. These factors are, in tour related to oaffic volumes. Recent studies reported by the City's Traffic Engineer anticipate that the traffic volume can expect to grow Iz ineztmaWy during tlt t tre tnstaru•es this may mean an increase in driving time of a''~ u A; ~°~°' V Q1° Ma or thoroughfares will be especially '~ it>rpacted includin °° Mr Oscan[ I residents will dcp ~,h~~~°n~ t6s u~~wOt afacilities. Driving [times are [almost otnmutorsnthe cothn "Ow of ~ Itm~~asss. While viewed as an asset for those arterials eho t~4dotion of tle Foothill Freeway may increase congestion on scem easy to access n~ Wor tnt°eltvttet I"'cations far library facilities that might Therefore, considni nltle m°y ~utle nync urtivendthe rollemof traffic ~ ntchoosing libtary facility ltz:atpnt~, °ttcnuan must IK B 13 CHAPTER 3 PLANNING A LIBRARY SYSTEM FOR RANCHO CUCAMONGA Based on experience elsewhere~the information provided in the preceding chapter clearly describes a community which requires the planning of more than one library facility. It is the purpose of this chapter to explain such a system and to establish some of the guidelines for the various proposed facilities. FORCES WHICft WILL SHAPE THE FUTURE OF THE RANCHO CUCAMONCA LIBRARY Planning facilities for the Rancho Cucamonga Public Library requires a knowledge of the Porces which will shape its fu[ure. A review of some of the more important of these may 6e helpful in providing additional perspective. DEMOCRAPHlCS Successful libraries att thou which relate best to the people they serve. This requires a continual evaluation of the demographic trends for the population served by each library facility. These trends must then be interpolated in terms of library collections, services and facilities. From childhood on, residents of Rancho Cucamonga will find tha[ the doors of the Raucho Cucamonga Public Library open on to the most important free resource for continuing self-educa[ion available in this City. Over the nett two decades the population of Rancho Cucamonga is ezpccted to grow by about 25Wo. Library facility planning must therefore, assume that in twenty years or less the number of potential library users will increase by at least the same percentage. Even more important, perhaps, than the increase i^ the she~4 number of people to be served arc the projected changes in demographic characteristics. While the population will generally be growing older, there will still be a very significant number of children. Rancho Cucamonga libraries must give exceptional attention to meeting the special needs of children. Children, for instance, are apt to continue to rely oo the public library for both study materials and for leisure time reading. Their world of interests is growing by Icaps and bounds; so must the ifi~ collections and services provided by the public library. - t4 With Ne bulk of Rancho Cucamonga's population between the ages of 2(t and 59, particular atteotioo must also be given facilities and services relevant to family life, carters, consumer education, and the broad spen of adult interests. Generally speaking, Wis segmem of the population has the least amount of time available for outside act~i 1t+ an facilities, therefore must be especially convenieot~wise, library collections and services must be germane to adult interests and concerns. Further, the Rancho Cucamonga Public Library must help users cope with the rapid changes occurring as technology « volu[ioaizes the work place. The prediction by futurists that the average worker will change careers three to five times during his or her working life seems realistic in the light of technological advances. Moreover, with fewer people in the workforce, and the possibility that the retirement age will be advanced beyond age 63, many will choose to comioue working well beyond current retirement age. The increasing popularity of entrepreneurship foreseen by Eric TofFler and other futurists will trigger additional career changes. These trends place a premium on all educational facilities including public libraries which participate in vocational guidance and job training, either formally or intotmally. Training for career chaagea in thin context places new emphasis on individualized learning, a role uniquely suited to the public library. Although Rancho Cucamonga's older population is relatively small in ^umben, the Library will need to focus on the intersts this group holds in eommoo. Some will choox to remain io the workforce, and may seek ^ew careers utilizing previously unused talents. Orhers will be concerned with marten of health, hobbies, [ravel, housing, insurance and similar topics. The Rancho Cueamooga Library will be challenged as never before to meet this variety of needs. if the Rancho Cucamonga Public Library is to respond to these trends, it must provide convenient library facilities well stocked with appropriate cotlectiom of an increasingly varied nature so fat as subject matter and type of media are concerned. Along with this, the Rancho Cucamohga Public Library will need staff trained in a variety of disciplines to match uxr imercsu and needs. Facilitlea must be flexible io design allowing them to improve marketing capability and to offer more opponunity for individual learning, fl appears that there will be an increased need [or library meeting facilities where a wide variety of library and community related programming coo occur. B. TBCHNOLOGY AND TNB lJBRARY The public library oC tomorrow is already befog changed by a growing list of technological advances in the field of communications. Io fact. anent ObaC(Ven predict that the new technology will soon make the public library of today obsolete. However, this appears overly pcasimistic and fails to consider the many unique roles played by the public library, including its historic place as a friendly, neutral institution where a person may pursue any imercat at their individual pace and convenience. to edditioa to their value as sources of information and reereatioa, public libraries have long since t5 demonstrated [heir importance as an effective component of education and culture. Moreover, they art social institutions satisfying an ~ essential human need for individual and group contact. The neutrality and convenience of public libraries seem to underscore their value as well as cam them a pivotal place as a major community center. The proposed Rancho Cucamonga Central Park Library is a case in point where [he Library will be a focal point oC an entire cultural and recreational complex. Future branch facilities should be located for equal prominence in their respective neighborhoods. Ir. spite of speculation by some observers, automation and [he ubiquitous terminal are not likely to replace public libraries any time in the foreseeable Cuture. Instead, electronic technology in all of its forms will serve as tools to enhance collections and provide a broader scope of services. For instance, electronic information technology will be the basis for the Electronic Information Network proposed as a means for the Rancho Cucamonga Public Library to serve the information needs of local business and industry. Likewise, technology enables public libraries to reach users who prefer electronic media and who otherwise, would not use !be library. Electronic information technology also provides another means for meeting student needs from pre-school to graduate level. Automation is welcomed by public libraries because it comes at a critical moment when libraries are on the verge of being drowned in the sea of information that is the legacy of the continuing explosion of knowledge. With automation, libraries can successfully manage the flood tide of information which might otherwise have inundated them. As the variety and number of automated data bases and textual retrieval systems grow, access for all but the most popular resources will need to be centralized, just as larger print and nonprin[ collections in libraries supplemem the small collections in homes and offices. This is illustrated, especially, by the advent of the CD/ROM technology and the multiplicity of uses already introduced to libraries in its brief lifetime. Moreover, as any number of observers have noted, in spite of their exceptional capabilities, computers lack the convenience and visual satisfaction afforded by a book. While mountains of raw data can 6e created, impounded, manipulated, and accessed by a computer, it remains doubltul that many people would prefer reading the latest novel or popular nonfiction title from the (ace of a video monitor. Individual readers, therefore, seem unlikely to substitute a terminal screen for the convenience and pleasure of reading a newspaper, magazine or book in its original Form. Whitt it must be assumed that library collections may be accessible by computers in the home or business, print is expected to remain the primary means of conveying the bulk of daily information. Libraries, then, must expect that :he facilities of tomorrow will continue to contain masses of shelving as well as a significant number of terminals. Other forms of electronic communication such as electronic mail and facsimile transmission are also impacting public libraries. As the equipment improves and becomes less costly, libraries will find many t6 uses for these children of computer chip technology. Here lies the solution to the age old problem of transporting information aceuratelyr and almost ins!antaneously, The Icnglhy delays once experienced i^ moving printed formats be!wcen locations to satisfy urgent infennation needs are no lunge: inherently necessary. Bolstered by new geocrations of optical scanning equipment, FAX machines transmit printed information almost instantaneously. This rapid electronic transmission of hard copy is becoming commonplace among businesses and FAX machines may soon, be as prevalent in homes as the telephone. Electronic mail and the FAX machine will 6e essential equipment for the Electronic Information Network for business and industry. Likewise this/`equipment will speed filling interlibrary loan requests and responses to reference questiooa for Rancho Cucamonga residents. Sue6 technology will play a special role in the management and operations of Rancho Cueamongas branch libraries providing Cor a higher level of communications than heretofore possible. Video [ethnology will also impact the Rancho Cucamonga Public Library. Although the consequences are less obvious than those of automation, satellite transmission, cable TV and dish antennas all hold promise of new communications worlds to be opened by the Rancho Cucamonga Pu61ie Library to the public. While the private citizen may choose to have cable and even a dish antenna in his residence, few will have the time or opportunity to consistently monitor and tape for Is[er use the important programs available on global television. This task is one which can be assumed by the Rancho Cucamonga Puhlic Library, tailoring its efforts to the kaown interests aC the local community. Video technology will have many other ramifications as a library tool. Not the Ices[ of these will be to Compile and preserve a visual record of contemporary life for future reference. Already, video taping is supplementing or replacing the oral history tape so valuable for documenting local history. This aspect of technology has special rclevanee for developing the resources of Rancho Cucamonga Public Library's local history collections. Given the magnitude of [ethnological changes its significance for the Rancho Cucamonga Public Library's master) plan can hardly be overemphasized. The Central Park Library and, in the future, branch library facilities must be designed as Flexible structures fully prepared to accommodate ao ever-changing tide of electronic communications resources and equipment Successful operation will ultimately depend upon the ability to adapt to new technologies. Design, therefore, must allow for virtually uulimiled expansion of power and communications. It is within the context forces such as these, that Rancho Cucmnonga's library facility planning must occur. Given sufficient financial nourishment and competent, inspired leadership, the public library will continue to serve the public as one of our nation's most unique democratic institutions. While demographic and technological changes will inevitably alter the Rancho Cucamonga Public Library, they will not make it obsolesccnt(if the master plan is followed. 17 II. THE LIBRARY SYSTEM CONCEPT Library planners and administrators have long recognized the importance of the system concept wherein each facility arrd the smites and collections i[ offers is [elated to all of the others within the same jurisdiction -and beyond After weighing the population, demographics and other factors relevant to Rancho Cucanronga, a three tier system is proposed. At the top of the system pyramid is the major headquarters/resource library represented by the Central Park Library. Beneath it is the second tier consisting of branch libraries designed to provide a given level of collections and services to awell-defined community composed of a collection of neighborhoods. The third tier would consist of other types of extension services such as outrech to pre-schools, convalescent homes, hospitals, and other special groups and institutions.. Libraries in each tier will have designated objectives. Collections, services, hours of opening, programming and other facets of branch library srnice will be focused on the needs of the population in the community smed. Each branch library facility itself will, of ccurst, be designed to fit its own community setting. Branches may develop individual collection strengths and/or services [hat ate needed in the particular community, but shared with other libraries N the Rancho Cucamonga Public Library system Through membership in one of California's Cooperative Library Systems, the Rancho Cucamonga Public Library can gain access to the resources of other libraries. While these systems vary in their resources and offerings, expanded interlibrary loan and extended reference services are corranonplace. Membership will also enable the Rancho Cucamonga Public Library to benefit from project grants distributed by the California State Library through the cooperative library systems. The resources of the libraries in San Bcmardino and Riverside counties are made available through the Inland Empire Library System. Headquartered in Altadena, the Metropolitan Cooperative Library System, comprised of 33 municipal libraries in the greater Los Angeles~azea pffer a variety of resources and programs to members extending from Pomona on Bre east to Oznazd in the west III. THE LIBRARY SERVICE AREA Basic to the library system structure is the concept of the library service area. Like thou retail cousins, libraries have "market areas" called library ser.~ce areas. These are defined as the areas from which come approximately 75% of a branch library's users each yeaz. Most of these users will live within 10 minutes navel time (at msh hour) from the facility. The distance is determined by a variety of factors which include the "drawing power" of the library as represented by the strength and variety of its collections and smites, and its accessibility. The latter, of courx, relates directly to ease of access, traffic, and the provision of adequate off-street parking. A cucle enclosing an area approximately 3 to 4 miles in diameter is often used [o suggest the approxima[e locale that will fall within the prime smite area. Periodic studies of the library's drawing power are rrquired to better define the actual library service area and to detect any shifts that may occur. While the Central Park Library, acting as the City's major resource library will serve all residents to some degree, the branch libraries in the second tier will concentrate on meeting the needs of a ttxue limited user group. While branch collections will be smaller, support from the Central Park Library will be quickly available. The number of branch libraries needed in Rancho Cucamonga was studied by the Library Task Force. it was agreed that three branches will be needed. Their locations wort determined as serving the Northwest, the Southwest and the Northeastern quadrants of the l8 City, In addition, an Electronic Information Network headquartered in the Central Pazk Library would serve the needs of industry and business. This corresponds with fmdings~ extrapolated from statistics provided for fiscal yeaz 1989-90 by the California State Library for 13 municipal libraries serving populations ranging from 100,000-135,000 indicate that they each maintained an average of 3.0 fixed outlets (branches). These cities had an average population of 115,812 and incorporated azeas averaging 30,66 square miles. Two cities, Pomona and Escondido (which is planning up m 3 branches) presently maintained only a single library while Berkeley with 6 and Orange with j branch libraries excaded the average of 3 outlets. From this evidence it appears that the number of branches increase in most cities as they glow in population and arcs. (The City of San Bemazdino, with a population of 159,400 and an area of jj square mile maintains j library outlets; Glendale, wtth a population of 174,800 and an area of 30.59 square miles has 7 library branches.) 1V. LIBRARY SERVICES Recogniang then mission is to serve all segments of the coavnurdty, and alt age groups, public libraries generally consider certain services to be absolutely basic [o that commitment. Each of these services involves collections of library materials, user accommodations such as seating, assistance from trained library and support staff, and a variety of equipment which grows in quantity and complexity as the electronic communications revolution continues. Theca services may, or may not be physically separated in the library building. A. Services Considered Basic for Alf Public Libraries The following srnices ate generally considered basic, whether the library is lazge a small in siu: Children's Srnices including Storytime Area Young Adult Services Art~J[ Serices Reference Services Staff Support Services In their most elementary fomr, these services involve a collection of library materials (moldy books std other printed formats), usrr accommodations (seating) and limited staff. B. Supplementary Library Services As library services and collections become mote sophisticated and extensive, they involve larger and more varied collections including non-print materials and electronic information access. Programming for tazget groups such as children std young people occur. Special collections and services ate added m meet the interests and needs of particular segments of the community. The Library Task Force has prioritized the following list of additional services for the Central Park Library: Computer Usage Business Reference Senior Services Homework Centers Literacy Program Spxial Program Raoms Audio Visual 19 Discovery Room for Children Local History C. Library Space Needs As the services expand, so do library facility space requirements. Typically, many begin with minimum space needs but graduaL'y require more room as collections, services and usage grow. Likewise, additional space must be provided for library staff to assist users and [Wattage the co0ections and services. The amount of space required for these services depends upon the number of volumes, number of seats, amounts of equipment. and other variables which must be programmed based on dcmogmphics. V, THE CENTRAL PARK LIBRARY The Central Pazk Library, as recommended by the Lihrzrv Task Force, will be the initial permanent library facility established by the City. It must be an integral part of any master plan for library service N the City. The Central Park Library wiB serve as the headquarters and resource center for the branch tibraries and any other outlets that might be developed in the fumre. The location of the Central Park Library is pivotal in the consideration of possible branch library service area. While the Central Park Library will be prepared to serve every resident of Rancho Cucamonga, its primary "market area" will be somewhat smaller. Although a [Hain library may draw users from a wide area, including residents from outside the Ciry, a large percentage typically live within three miles or less of the library. Situated at the juncture of Base Line and Milliken, the Central Park Library is at one of the important crossroads for local traffic. Given a building blessed with high visibility, easy access and adequate offstreet parking, large numbers of local residents are expected m use this facility. Placement of the Central Park Library makes it reasonably accessible to all of the City's residents. This is particularly true of the planned communities such as Vicroria and Tetra Vista whose residents an expected to be very heavy users of the Library. Proximity to Chaffey College encourages above average use of the Central Park Library by college students including those taking courses in the evening hours. The azeas of the city most distant from the Central Park Library include the northwest, the southwest and the northeast in addition m distance, the residents of these arras may think of themselves as being separated by other barriers suuh as the multiplicity of major arterials, and the future Foothill Fnxway. Those living south of Foothill may consider the burgeoning commercial districts, office completes and heavy industry to be barriers [o easy access. Recommendations established by the Library Task Force for future branch libraries and made in this masmr plan assume [hat the service area for the Central Park Library will follow patterns comvwn to most facilities of this siu. However, the actual drawing power of the Central Park Library must be established by appropriate usage studios after [he Library has been in operation for a year or more. Such studies will indicate those areas of the City whose residents use the library Icast Weighed against population numbers and demographic characteristics, this data will then become an important factor in deterrrtining the priorities for future branches including their location and siu. 20 V I. THE CENTRAL PARK LIBRARY'S COLLECTIONS AND SERVICES Before leaving the subject of the Central park Library, it may be helpful to sumntariu the collections and services to be provided in this facility. Acting as the resource and headquaners library for the system, the Central Pazk Librarj will provide a w ide range of materials. In fact, walking into the new Rancho Cucamonga Central Park Library will be an unforgettable experience of discovery and excitement. The ability and capacity of the Library ro deliver traditional library services has been enriched and expanded to embrace new scrvice5 tailored to the spxial needs and interests of Rancho Cucamonga residents both now and in the fottseeable fututt. While [he Central Park Library is designed to meet the standard of 3 volumes per capita, the initial on-shelf collection will be gearrd to approximately 300,000 volumes. Occupation of unfinished space in the future can bring this total m more than 600,000 volumes including all types of media. This represents a collection of more than 3.4 volumes pct capita, exceeding start guidelines. Through electronic information systems and rapid delivery the Library will be linked to other ttsouroes in the region, and beyond, Seating will be available for more than 600 people, using the guideline of three seats per thousand population. A variety of meeting rooms and special areas will eventually contain space for another 600. When fully expanded within the original stmctutt, the Central Park Library will occupy approximately 128,000 gross square feet, excecding somewhat the State's minimum guideline of .55 square feet per capita The details of the Central Park Library are described in the building program and adopted by reference as patt of the Library Master Ptan. VII. BRANCH LIBRARY FACILITY GUIDELINES While branch libraries provide services to all segments of the populace N the service area, they ate particWazly useful in meeting the needs of childttn and older adults who have less inclination, opportunity m ability to use the main library. The siu of each branch library building should be determinW by the collections, services. program space, and staff offered N a particular facility, based on the following guideline. A study of pertinent data suggests that three areas of Rancho Cucamonga are most likely to be underserved by the Ccntral Park Library. This f nding was confirmed by the Library Task Force which identified the service areas as being located in the northwest, sou[hwest and northeast quadrants of the City. The ultimate need for any, or all of these branches must await usage studies undertaken afar the Central Park Library is in operation for at least one year, It is imperative the[ a strong headquaners library be established and operating before consideration is given m any branch library excep[ that the City may wish m procure desirable si[es as they become available to preclude having to settle for a lesur location la[er on. Further, the order in which the three possible branch service areas is discussed is na intended to suggest anything more than a very tentative priority. In planning future branch librares for the City of Rancho Cucamonga, the following guidehnes are recommended. A. Sen•iee Areo Population Unless there are unusual factors, the service area population for each branch should number 20,000 or more. This is based on factors such as urban density and tht critical mass of potential users needed for cost effective operations. Smaller service 21 area populations are usually associated with special situations where topographic features, railroads, major freeways and other arterials interfere with access, or an~ island of residences exis(tdue to incompatible land uses or unique demographic characteristics create a situation with special needs. B. Criteria jot Site Selection The location of a library facility, whether a main library or a branch library, is a major determinant in the success of the projec[. !n this rcgazd, libraries are very similar to retail facilities in tetras of their location requircmenrs. Both depend upon shnilaz criteria to mardmiu utilization such as eaze of access m dte greatest number of potential users, high visibility, positive identification, adequate off-street parking, and congenial neighbors. Both types of enterprise profit from being a part of a "magnet site" which draws people for a number of compatible reasons. Because of [his, branch libraries located in store front buildings or adjacent to them in neighborhood shopping centers out-perform branch libraries located elsewhere. This is because the successful library, like the optimum retai] oudet, depends upon marketing convenience to attract customers. Described below arc the major criteria that planners and librarians have found to be halbnarks of the most successful library locations based upon cost-effective library operations, i.e. greatest usage for dollars spent. 1. Easy access. The site must be as easy to enter and leave as the neighborhood market or bank. Implicit N this criteria is the perception that access is safe as well as easy. This cardinal requrrement of convenient access is usually met by placing branch libraries at the crossroads of major local arterials frequented by rho residents of the branch library service area. Locating a branch off of such routes is certain to limit its use. Such sites arc often best identified by successful neighborhood or community shopping centers featuring markets, banks and other shops familiar to and depended upon by the local population. 2. High visibility. The library location must be highly visible and easily identified as a branch library siu. People need to know and be able to recall where the library is located. Therefore, a library location which is passed frequrntly as a ptttt of an individual's normal routine is most likely to be remembered Moreover, the site should permit the library building to be easily identified ardaelf-advertising. 3. Comparibi(iry with adjacent land uses. The branch library site should be an integral pan of a "magnet" site aztracting people from the entire branch library service area. Many people prefer, or arc compelled by cbr;umstancestto combine their trips to rho library with other errands. The more convenient this proves to be, the more open they will come. If existing land uses preclude such a site, a location immediately adjacent to and easily reached from such a community magnet is acceptable. 4. SuJficiemofJ-srreetparkr'ng. Sufficient off-street parking is mandatory for maximizing branch Iibxary usage. The California Stale Library recommertds that 1.5 square fat of land be provided for parking for every square foot of building. Thus, a 10,0(IO square foot library will requite 15,000 square fat ofoff-street parking. 22 5. St~cient land. Regardless of its other qualities, a site cannot b~ considered unless there is sufficient space for the library building, parking, landscaping and required set-backs. Sites that aze too small force unfottunate compromises in design, internal functional relationships, pazking, landscaping, etc. 6. Topography and soil condt'rions. Relatively flat sites are less costly to build on and therefore arc usually preferable. Locations with gullies or sharp rius wiB be more expensive [o convert to a building site. Unstable land formations, poor drainage, high water tables, and similar conditions should be avoided where possible. 7. Hidden obstacles and toxic wastes. Unless dealing with virgin locations, sires need to be explored carefully to determine whether there are hidden obstacles or toxic wastes. These can prove difficult to avoid, expensive [o remove, or nearly insurmountable impediments to constmcdon. 8. AvailabiGry. Na every desirable sire is always available. Multiple ownerships can lead to long, complicated and costly negotiations. A seemingly orphaned location rosy prove to be the key m intensive phtnning by a developer, Titles can prove excruciatingly entangled. So, availabibry cannot be taken for granted. 9. Cou. There is no accepted formula setting forth a reasonable ratio of site cos[ as a pan of meal project tort. This must necessarily vary from one instance to another. However, cost alone should never be the sole criteria Much, much more important is the long term effect the location will have on the volume of library business. The cost of constructing, opening and operating the branch library will be virtually the same whether it is in an excellent location or a poor one. But the unit costs of operation will be decidedly different. Excellent library sites mazimiu the number of ]ibrary users and minimize unit costs of operation; poor locations yield fewer library users which, in rum, result in higher per unit operating tows. 10. Undesirable Sires Over the years, txpet~en6e has demonstrated that certain locations are sufficiently defecn'v6 as to be considered undesirable. On the sttrface, such sites appear to be a logical choice for a branch Bbrary. However, in practice they have consistwtly proven ro be seriously flawed. Libraries located on such sites have been significantly less effective than those located elsewhere. Three such undesirable locations are described here; a. Schoo! Sites Assuming that a close physical relationship between schools and library facilities would encourage use, cities are often urged to locate branch libraries in a school or on school grounds. This suggestion has been followed many times, and almost without exception proven to be a sad mistake, especially for the public library and its users. The few exceptions ate limited to extremely small villages where no other option exists. 23 The reasons for failure arc many: For one thing, school sites are selected for entirely diffemnt reasons than branch library sites. Convenience to the adult users and adequate off-street parking, for instance are seldom, if ever, a consideration. Of paramount importance, i stead, is the amount of land available. After all, schools dearwith a captive clientele that must fmd its way to the assigned school regardless of its location. Moreover, schools starve only a particulaz segment of the population. Therefore, they are nor a"magnet" for the rest of the cortununity. On the contrary, in case after eau, older young people and adults including seniors aze uncomfortable on school sites for a variety of reasons, and therefore avoid use of public libraries when located on school grounds. In addition, there are numerous opetarional problems. Books suitable for adults should not necessarily be available to children. Staffing becomes a problem: assisting adults is not a school librarian's responsibility; an intimate knowledge of the curricula and providing support for it are not the responsibility of public librarians. b. Residential Neighborhood Branch libraries located in rcsidenrial surroundings [end to have limited service areas because their visibility is usually restricted [o rho immediate neighborhood. While convenient perhaps for that particular neighborhood, many other potential users fud branches in rcsidenial areas m be off they regular driving moues with extra time and effort required w reach them. Incidentally, branches are not considered an unmixed blessing in many residential areas because of the complications of traffic congestion and parking feared by residential neighbors. Sites are usually lirmted in siu thereby restricting the amount of building and off-street parking space available. In the final analysis, branches located in residential neighborhoods do not have Ne same potenial for providing for cost effective delivery of library services. c. Neighborhood Park Neighbofiood parks are sometimes suggested as a desvable location for a branch library bxause, they are seen as quiet, rcs[ful placesK the land is already owned by the jurisdiction, children and adults frequent pazks, and sometimes meeting rooms already exist in raxeaion buildings. Unfortunately, proponents do not rcaliu that the use of parks and recrearional facilities therein are not closely related m library usage, much of which occurs in the evening hours. Compared to neighborhood market places, roost pazks are used regularly by only a fraction of the population. Moreover reople arc often drawn m parks for a spxific purpose such asp 't'ipaion in a particular form of tecrcation m a spxial event. Many of these ecivities are seasonal leaving most parks with limited use during pans of rho year. Whil~many people view parks 24 as friendly places during the day, they may avoid them in the evening because they appeaz dark, lonesome and somewha'~ forbidding. Parents who would have no objection to their youngsters playing in a park daring the daytime are likely to restrict access to the same park at night. even if a library is situated somewhere on the grounds. Occasionally, however, a park site is established as a desirable location for a~ibrary because it meets the primary library site criteria. Ranc o Cucamonga s Cenmal Park Library site is a eau in point. The chosen location is desirable, net because it is in Central Patl~but bet:ause it melts rhea essential guidelines: ~ / i. There is easy access from two major arterials, Base Line and Milliken which form a crossroads of importance to the community. ii. The location is highly visible from the two major arterials. iii. It is a pan of a magnet site consisting of other major culrural faci'uties. iv. There is space on the site to provide adequate off- strxtparking v. Zoning anticipates neighborhood commercial development opposite Base Line and Milliken, which will stimulate further exposure. vi. Taken rogether, the neighborhood commercial development and the other cultural facilities planned as neighbors for the Central Park Library constitute a significant "magnet" which will draw potential users of all ages for a variety of reasons. Site selection for branch libraries should be a positive action based on the evaluation of potential locations against established criteria related ro library performance. Where libraries are located becomes a major determinant in thew acceptance and use by the public. Since the capital and operating costs for a library facility are virtually the same regardless of where the building is located, long-arm cost effectiveness depends on attracting the maximum number of users. Thettfom, site selection must conform to the accepted criteria of accessibility, parking, visibility and proximity to other magnet facilities. Size of the Brarteh Library As previously noted, the siu of a branch library building should be determined by its contents rather than by an artificial device such as the ratio of square feet per capita. For this reason, guidelines are offered in this section of the Master Plan to assis[ in making such calculations. Library service areas with the potential for heavier use will requve more space than others. Large numbers of children or 25 seniors in the library service azea population will tend to increase space requirements also. Such considerations ate far mote relevant than ratios such as .6 square feet per capita which has little basis in fact. '~ D. Collection Space Space for collections should provide room for a trypt~nimum of 2 currently useful volumes per capita (including non-print matcrials}Ifor the population in the branch library service area. To convert this m square f tage, i[ is customary to use the formula of ]0 volumes per square foot. However, this figure will be considerably refined during the process of preparing the building program when relevant factors such as the anticipated number of volumes in cvculation and aisle widths can 6c taken into consideration. E. Seating Spacr A range of 3-5 seats per thousard people living in the library service area is usually used as a guideline for derem,;n;n number of seats requirai in a ch library. Seating does NOT include sea fat uipment such as compute 'croform readers, index tables, etc. Again, a number of seats and the t (seating at tables, carrels, lounge seating, special seating for children, etc.) will be rcfined during [he preparation of the building program. Fm purposes of estimating space requirements, a convenient guideline is to assume 4 seats per thousand residents N the branch library service area multiplied by 30 square feet per seat. This figure allows for table and carrel space, walking space, etc. F. Staff Space for staff should be based on the number of full-time equivalent (FCE) staff required to operate the branch library. Full-time equivalent staff, in rum must be sufficient to effectively operate rho branch library during the hours it is open tech week to rho public. (Brane6 libraries should be open a minimum of 6 days a week for a total of not less than 4g-54 hoots.) A useful guideline for estimating staffing requirements is [o assume that ont librarian and two support staff will be necessary for every 6,000 people N the brartch library service area; at least one librarian must be on duty at any given rime. A corps of volunteers is anticipated, as well. By multiplying the number of FTE staff by 150 square fee4 the amount of office and workroom space ran be estimated. These figures will be refined, of course, by the building program. G . Meeting Rooms. In addition to the meeting room facilities in the Central Park Library, each branch library must have its own meeting area for library progranvning designed to meet the needs of the local community. Meeting [Dart facilities N branch libraries usually include a special space for children's storyhours and class visits and a separa[e community meeting room for adul[ programming. A small kitchenette is requued for serving refreshments. The Storyhour Room may be a separa[e room or a pan of :he Children's Rooms which can be separated by a movable acoustical wall when programs are in progress. It should seat from 35-50 children and a similar numb^.r of parents, In addition, there may be need for a small conference room to seat from 10-20 people and several rooms fm tutoring and quiet individual study. Meeting room siu can be approximated using I S square feet per person. Conference moms 26 with tables require about 25 square feet per person. Rooms for individual study and mmring will range from 35 sq. ft. to 75 sq. ft. H. Miscellaneous Spaces To be on the safe side a factor of i5-25% should be added to the eotal amoun: of spacc calculated for collections, stating, staff and meeting room accommodations. This provides spacc for areas not included m the preceding categories, including the lobby, Friends of the Library functions such as a continuing book sale boutique, special equipment such as computer terminals, microform machines, dictionary stands, atlas stands, exhibit cases, delivery room, storage for supplies and library materials, staff lunch room and kitchenette, etc. If an allowance of this kind is not made in the initial calculations, later in the planning process it is often necessary m reduce the siu of collections, span for seating, and other essential elements. Conversion of Net Siu to Toter! Sire 'Ilse squazt footage estimates arrived at for collections, seating, etc., represents the net, or usable, square footage for the branch library. This is the amount of space that the library can use for its collections, services, users and staff. NOT included are [hc spaces required for such elements as walls, corridors, restrooms,~ mechanical equipment, custodial space, telephone equipment and electrical equipment. Typically, rhea items require about 25% of the tote( building. To arrive at this figure, divide the total NEf square feet by 75%. The resWt ir the total number of square feet m be constructed. For example, kf 12,000 square foot were needed as usable space for the library, this figure would be divided by 75%. The result, 16,000 gross square feet, represents the ro[al size of the building to be constructed and is the figure to 6e used in estimating site requrements and construction costs. J. Parking and Site Requirements. Assuming that the blanch library must provide ail of its own parking, site requirements should include 1.5 sq. ft of parking for every square foot of building unless Local zoning a other codes rake precedence. Using the example of a Iti,000 gross square foot building, [his facility would require 24,000 square feet for Parking. This includes circulation space. Additional land would be needed to ntcet local ttquiretnents for setbacks, sidewalks and landscaping, depending upon City zoning and other regulations. Given these requirements, branch libraries usually need from t to 2 acres. Under certain conditions, these site requirements may be modified, For instance, if the branch library is located in a neighborhood shopping center parking may he shared N part m entirely with the various retail shops. LandsEaping space and setbacks may also be affected by such a location. Slorefronf Operation. It is altogether possible that one or more of the future branch libraries might be housed in a storefront building. This may be either for the initial phase of branch development or as a permanent location. Sometimes this tactic is also used as a means of testing a particular location. This expedient also provides the time needed to build the full collection and to construe[ the perranent facility. For instance, a storefront library may occupy only 5,(X10-7,500 square feet m begin with. hater, it 27 f can either expand into a largo storefront building when the presstrre of collections and usage dictate, or into a stand-alone building designed for branch library use... Meeting room space tray be limited or even omitted. Collections and seating will be tailored to the available space. Parking is most often shared with other neighboring facilities. IX. PRIORITIES Every master plan must provide certain priorities as guidelines for subsequent methodical action. The following priorities were established with the collaboration of the Library Task Force. A. Priority No. 1: Establishment of a Municipol Library flowing Formal Withdrawal from the San Bernardino County ibrary system Priority No. I must be the establishment of a Municipal Librarv preceded by the formal withdrawal from the County Library System The scope of library smites needed to meet the needs of Rancho Cucamonga's growing population can best be met by a library system under the full control of municipal government. The inability of the San Bernartiino County Library to respond adequately to the library needs of Rancho Cucamonga residents is illustrated by the limitations of the curtent branch library. Establishment of a Municipal Library will enable the City to fully control the development of library smite wnsistent with the needs of residents. Moreover, the City's management of a municipal library svstem can facilitate cost-effective operations responsive to local priorities and conditions. B. Priority No. 2: Establiskment of a Permantnt Funding Source Commensurate Wifh the Operational Requirements of the Library The second priority is m ensure adequate funding for the library by establishing a permanent funding source to achieve the goats of the Maser Plan. Estimates of operating costs should be based on reliable data and should be focused on providing an optimum level of library service to the residents of Rancho Cucamonga If general fund souroes art inadequate, special funding sources will need to be evaluazed such as the Mello Roos Community Services Act C. Priority No. 3: Cen1m! Park Library i Without question, the s~eeenddprioriry is the establishment and initial opcmtion of the Central Park Library. As the resource library and system hcadquaners, this facility is of utmost importance. It mus[ be recognized that a library of this size and compleziry does not emerge overnight While the facility can be conswcted in l8 months or tens after work has begun, the development of collections and smites will take a number of years. Growing fmm today's collection of zero volumes to three volumes per capita, including non-print materials is a tremendous long-term task of at leas wo decades -perhaps longer. Evolving other services, such as a local histot d~[rtment to meet special community needs is a challenge of considerable proportions. Major emphasis should be placed on the development of the Electronic Information Network needed to sme local business and industry. In 28 effect this Electronic Infamtarion Network will be one of the extension services az described in paragraph E, even though it must necessarily be accomplished as arV ~m8~ part of the development of reference collations and services for the Central Park Library. As discussed elsewhere, after the Central Park Library has been in operation for a year or longer, user studies should be undertaken to determine how will the Central Park Library is srning residents from every part of the City, The results should be used to determine priorities for future branch library development. D, Priority No. 4: Establishmrrtt of Branch Libraries The fourth priority is m begirt the process of establishing Branch Libraries. Based on user data gathersd after the Central Park Library has been operational for at leas[ one year, future branches should be prioridud and a tentative schedule established. Architectural Plarming and collection development should begin at least two, and if possible, three years before the intended opening. Consideration should be given to leasing storefront facilities az well as acquiring land for branch facilities. Where land is m be acquired, it should be placed in [he City's land bank az soon az possible since the scarcity of desirable sites already makes this task az difficult az it is imperative. Site selection should follow the spaifu criteria described elsewhere in then guidelines. Failure to acquire smrcfront facilities or land now could nccessirate locating branches later where they never fulfill then potential. E. Priority No. S: Miscellaneous Extension Services While given a lower priority than the establishment of branch libraries mixellaneous extension services may very well occur before any branch becomes operational. Sometimes referred to as "outreach services", the goal of miscellaneous extension services is m provide library services to certain target groups identified through community sttdy. Members of the groups nartnally share a common handicap which limits ar precludes there ability [o use libraries on their own. Convalescent homes, senior housing, day care centers, and physically handicapped individuals are among the many possible targets. Since it meets the specialized news of an identifiable group of ours, the Elavonic Information Network might also 6e considered a par[ of Extension Services, although adminis[ered by the Business and Industry Reference Division of the Central Park Library. The responsibility for addressing the needs of thou who cannot visit the library easily or who have special needs will be the on-going responsibility of the Library's Extensions Department in cooperation with otha library departments. 29 RANCHO CUCAMONGA PUBLIC LIBRARY IMPLEMENTATION DOCUMENT Prepared by Raymond M. Holt & Associates, Library Consultants December 1, 1991 Raymond M. Holt & Associates, Library Consaitants P.O. Box 745, Del Mer, California 92014 Telephone: 619-755.7878«<»>FAX 619-481.2927 TABLE OF COtiTENTS PAGE Current Library Status 1 Establishing A Municipal Library 2 Wit}tdrawal from the San Bemarduw County Libtary• 2 Negotiation for Revenue Retention 3 Organizuig a Municipal Library 3 Library Hoard of Tms[ees 4 Organization of the Library Boartl of Tmstees 4 Areas of Policy Concern 1 Interim Opernting Issues 4 Possible Purchase of the Existing County Library Branch Cotlection 5 County Library Option to Sell 6 Independent.4pptaisal 6 Cost of Inputting Bibliographic Data 6 Cosdernefit Analysis 6 Opening Day Collections Objective 6 Creating the Central Park Library 7 Some Steps to be Takrn in Organiring the Rancho Cucamonga Public Library 7 Adoption of a Plan of Service 7 Collection Development 8 Staffing 8 Sclecton of an Automation System 9 Selection of a Cooperative Library System 10 Establish Rules and Regulations for Library Use I1 Tanporary Facilities 11 Furniture and Equipment Selection 11 The Central Park Library 11 Book Boutique and Refreshment Area I t Browsing Area 12 Public Access Catalogs l2 Young Adults 12 ii Adttlt Fiction and Nonfiction Senior's Alcove and Vision Impaired Nook Audio Visual Services Center Technology Users Center Reference Services Telephone Reference Service Business Reference Smice Cazeer Learning and Tutoring Center Heritage Room: Local History and Genealogy Children's Services Starytitne Room Discovery Room Public Meeting Rooms Staff facilities Projected Cost for Constmction Projected Cost for the Initial Operation of tl;e Central Park Library Assumptions Collection Development Automation Initial Library Space Library Scrsdces Opcratiog Costs Personnel Library Materials Capital Expenditures Hudgct Profile Variables Personnel Materials Acquisition Capital Expenditrms Projected Annual Budget for the Central Park Library Positions and Salaries 7~ 12 l2 13 13 13 I3 13 14 14 14 14 IS 15 15 IS 75 16 16 I6 16 16 t6 17 ]7 17 17 17 18 IS lg IS y iii Branch Libraries 19 The Northwest Branch Library and its Service Area 20 Service Area Population 20 Circulation: Major Streets and Hig}ways 20 Schools 21 Parks and Recreational facilities 21 Neighhortaotl Conmercial Activity 21 Choice of Branch Library Site 21 Suggested Branch Profile 21 The Southwest Branch Library and its Service Area 23 Service Area Population 23 Circulation: Major Streets and Highways 24 Parks and Recreational facilities 24 Ncighbnthood Corrvnercial Activity 24 Choice of Branch Library Site 24 Suggested Branch Profile 23 The Northeast Branch Library 26 Service Area Population 26 Viability of a Northeast Branch Library 26 Circulation: Major Streets and Highways 27 Schools 27 Parks and Recreational facilities p Neighborhood Commercial Activity 27 Choice of Branch Library Site 27 Suggested Branch Profile 28 Cost Information for the Branch Libraries 29 Construction Costs 29 Collection Costs 29 Staffing Costs 29 Operating Costs 30 Capital Expenditures 30 Northwest Branch Library 30 Southwest Branch Library 30 Library Standards and Guidelines 28 Historical Background 28 iv APPENDIX A Statutes for Municipal Libraries APPENDIX B R'ithdrawal of Ciries from County Libraries APPENDIX C Mel]o-Roos Community Facilitics.4ct APPENDIX D 'I}re Metropolitan Cooperative Library System (MCLS) RANCHO CUCAMONGA PUBLIC LIBRARY [3tPLEMENTATION DOCUMENT FOR CITY STAFF Prepared by Raymond M. Holt & Associates, Library Consultants December 1, 1991 'Cho purpose of this document is ro provide additional infotmadon and guidance that may be helpful to City of Rancho Cucamonga officials and staff involved in the implementation of the Rancho Cucamonga Pubiic Library Master Plan including the establishment of the Central Pazk Library. CURRENT LIBRARY STATUS Traditionally, library service haz been provided Rancho Cucamonga residents by a branch of the San Bernardino County Library. The manifold shortcomings of this service are readily apparent to all who attempt using the branch. At present the entire population of more than 100,000 residents must rely upon the meager 51,000 volume collection housed in a 10,800 square foot branch located on Base Line Road west of Hdlman. Such basic figures compare unfavorably with those for cornrnunides of comparable siu. Guidelines for facilities, for instance, indicate a building of 100,000 square fcet (10 times the size of the present branch) is needed to adequately house the collections and services which should be accessible to the present population. Instead of a 51,000 volume collection, the public should have access to a collection of between 200,000 and 300,000 currently useful volumes including non-print materials. To meet their reading and information needs, most users must travel to other communities seeking a higher level of service. The handful of reader chairs now available compare poorly with the 400 or mote that should be available. A staff of 5 FI'E bolstered by volunteers from the cottununity attempt [o provide services which should be supplied by a staff of at (east 50. While it is not [he purpose of this discussion to document or elaborate an the gross deficiencies of the branch library, for reasons of clarification it should be noted that they stem from at least two causes: • Budgetary deprivation is one of the major problems faced by many County libraries including the San Bemardino County Library. Of the l2 county libraries serving populations of more than 200,000, the San Bemardino Cocnty Library ranks 1 lth with only Tulare county more poorly funded. Per capita expenditures in 1989-90 (most recent figures available from the California State Library) ranged from $6.49 in Tulare County to $33.25 in Santa Clara County. The average for the l2 libraries was $15.45; San Bernardino County was $7.34 (now pegged at about $10.00 for 1991-92). The amount actually spent on library services by county libraries is considerably Tess due to the "in-direct costs" levied against various departments by county governments. The amount actually spent by the San Bernardino County i_ibrary in operating the Rancho Cucamonga Library in 1959-90 was understood by the Library Tazk Force as being about 83,84 per capita. .. • The ability of county libraries to respond to local community needs is limited because county libraries attempt to provide a computable level of services to afl communises within theirjurisdiction. To some degree this is due to the fact that county libraries were originally conceived more than a century ago as the vehicle for providing service to nual communities. Because of this, as urban areas mature and incorporate, some become dissatisfied and establish their own municipal libraries. In recent years this has included communities in southern California such as Palmdale, Thousand Oaks and Cerritos. Sometimes communides can negotiate a higher level of service through supplemen[al funding. However, this too has i[s limitations. In the past, county libraries have argued that they offer municipalities the advantage of "economy of scale" . However, this claim is now questionable due to developments such as automation, cooperative library systems, networking and vendors who provide some library services at an even lower cost. :Many members of the Library Task Force now question whether the San Bernardino County Library has either the financial resources or the incentive to provide a level of library service consistent with the interests and needs of the residents of Rancho Cucamonga. The suggested remedy for [his situation is for the City of Rancho Cucamonga to take control over the provision of library services for its residents by establishing and operating a municipal library system. This requires withdrawal from the San Bernardino County Library as an immediate first step. II. ESTABLISHING A MUNICIFAL LIBRARY The establishment of a municipal library is the No. !priority of the Library Master Plan. Several community-wide surveys have resulted in documenting overwhelming citizen support for improved library service, often ranking it as the No. I priority. However, undl the City of Rancho Cucamonga exercises full control over its library, this objective as web as other Library Master Platt objectives cannot be achieved. The following discussion concerns some of the steps and issues relevant to establishing a municipal library These steps are described in the California Statutes: Education Code, Title 1, Division 1, Part 11, Chapter 5, Sections 15900-18965 which is reproduced as Appendu A of this document. Withdrawal from the San Bernardino County Library Sections 19104, 19!05 and 19106 of the Education Code (See Appendix B) provides for the withdrawal of z city from a county library. Notification of withdrawal must be given the County Board of Supervisors on or before January 1. Otherwise, the County Library will again collect its portion of financial support from Rancho Cucamonga tax roles, effectively denying the Ciry an opportunity to use these monies (estimated by the City as nearly $1,000,000 in 1990) as it wishes. Because of the complicated manner in which the reallocation of funding occurs and because of the need to resolve issues concerned wish interim services and initial steps of organizing tht new library, it is recommended that the notification of intent to withdraw be filed as quickly as possible for the benefit of both the City and [he County. W}iile not required by law, the City might wish to consider adopting a resolution slating its intent to establish a municipal library. This would place the City on+ record as favoring such action and pave the way for taking the measures necessary to withdraw from the County Library. Such a resolution world precede a subsequent action to adopt a detailed ordinance spelling out the specifics of the municipal library, its governance and other provisions. This action might also precipitate discussion and resolution of issues pertaining to withdrawal from the County Library. Some of these are discussed under the topic "Interim Considerations." Negotiation for Revenue Retention Withdrawal from the County Library requires that the Ciry "...on or before January Ist of any year, notify the board of supervisors that the ciry...no longer desires to be a pan of the county free library system. The notice shall be accompanied by a statement complying with Chapter 8 (commencing with Section 54900) of Pan ] of Division 2 of Title 15 of the Government Code. The clerk of the board of supervisors shat! file the statement with the county assessor and the Stare Board of Equalization. Thereafter the city .., shall cease ro participate in the beufirs of the county free library, and the property situated in the city or library district shall rot be liahle fo razes for county free library purposes." (Education Code Tide 1, Division 1, Pan ll, Chapter 6, Sec[ion 19104.) "Before any ...ciry...gives notice [of] the withdrawal from the system, the ... legislative body of the city... shall publish at least once a week jot two successive weeks prior ro giving...notice, !n a newspaper designated by..,the eity...and circulating throughout the city ... notice of the contemplated action, giving the date and the place of the meeting at which the contemplated action is proposed to be taken. (Section 1910 Upon the effective date of withdrawal from the County Library, (January 1 of the yeaz following filing of the notice of intent with the Board of Supervisors) the City assumes the responsibility for financing local public library service. As a first step, the City must enter into negotiations with the County for the reallocation to the City of the property razes previously collected within the Ciry for County Library purposes. Unfortunately, the reallocation of these property tax dollars, once an automatic procedure, has been complicated since the passage of Proposition 13. Therefore action should be taken as quickly as possible to ascertain the amount of property tax money involved and to begin the process of negotiation. It is unlikely, however, that the Ciry can claim any part of the "augmentation funds" or "state grants" which represent the remaining sources of the County Library budget. However, inquiries can be made as pert of the settlement with the County. As a part of the establishment process for the municipal library, the Ciry will wish ro explore additional local income sources :o supplement property tax revenues. Libraries arc usually considered one of [he general fund operations. Some stale grant funds may be available, although these are usually distributed to the member libraries of the various the Cooperative Library Systems and account for only a very small fraction of the budget. A limited amount of federal funds arc also passed through the state on a special projects basis, often as the result of submitting competitive proposals for initiating innovative programming. Use of the Mello- Roos Community Facilities Act (see Appendix C) is one possibility, though it requires a two-thirds vote of approval from City voters. Othtt avenues of creative financing should be explored as well. Organizing a Municipal Library Sections 18900-18965 of the Education Code establish the methodology for organizing a municipal library. The procedure includes the adoption of an establishing ordinance, appointment of a Board of Library Tmstees, and the adoption of bazic roles and regulations for the administration of the library. Library Board of Trustees As one of its initial acts, the City Council must appoint five members to the Library Board of Tmstees, each to serve three year tetras. (Section 18910- 18911)Needless to say, this action is of ezireme importance because the original Librzry Boazd of Tmstees will set the course for public library development in the City for years to come. Under the state statutes for General Law cities, the Library Boazd of Trustees is expected to be an admitistrative body with faviy broad powers. (Education Code, Tide i, Division t, Part 11, Anide 2). Guidance for the selection of tmstees can be found in The Lihrary Trustee, A Proetical Guidebook, by Virginia G. Young and published by R.R. Bowker (latest edition published in 1988). When appointed, tech member of the Library Board of Trustees should be provided with a copy of this manual. Organization of the Libmry Board of Tmstees Once appointed, the Library Board of Trustees will meet to select their officers, adopt a simple set of by-laws as a moans of conducting business in an orderly fashion. This includes adopting a formal code of parliamentary procedure, order of business, establishing a means for maintaining liaison with the City, etc. The librar; Aoard of Tmstees is responsible for making and enforcing all library mlcs and regulations. This includes the setting of aB fines and fas and the malting of other policies. 3. Areas of Policy Concerns [i is assumrA that the Library will follow City-wide policies already established for personnel administration and financial administration. Policy areas unique to the Library include policies related to services, extensions services, collections, and use of meeting rooms. A plan of service will be required which establishes the pattern for the development of library services. Likewise, a master plan for facility development such as the recently completed study The Master Plan for Library Facilities will be necessary to guide the planning cf future branches. The Library Board of Tmstees will also have a responsibility for malting tecommcndations to the City regarding othtt policy and operational issues. D. lnferim Operating Issues 7'he decision to withdraw from the San Bernardino County Library will immediately involve the City in a number of interim operating issues. These may be addressed ducetly by the City Council and staff or in conjunction with the newly established Library Aoard of Tmstees.: crhaps the first of these issues is the matter of providing library services for Rancho Cucamonga residents following withdrawal from the Cowry Library. A number of altematves exist. • Contract with the County Library to continue service on a temporary basis (yeaz to yeaz, or month to month) at the present level of service.. • Lease or otherwise contract for the continued use of the present facility, with the County supplying library collections, and stall. Employ library staff to operate the library and contract with the County Library for use of the collections. • Continue convecting with the County fa library service until the City can establish a new library in a large storefront building operated by its own library personnel and stocked with its own collections. Some other combination of these possibilities. Since one of the objectives of withdrawing from the County is to take control over the planning and operation of library services, the choice of an interim solution should funher this goal. For this reason it would seem desvable to establish murdcipal library service at the earliest possible nrotnent. E. Possible Purchase of the Existing Counry Library Branch Collection When cities withdraw from county libraries, the question sometimes arises as to whether the current branch collection should be purchased as a basis for the new library. The ultimate decision must 6e based on good judgement rather than expediency a cost. In the first place, the branch collection is owned by the County which may, or may not choose m make it available far purchase. County libraries, may, for instance, choose to distribute the collection among other branches or use the collection to begin service in another community, Whether or not the present County Library branch collection can act as a sound basis for the development of the ultimate Central Park Library collection remains to be detemtirted. Collections of this kirai tend to contain a mass of out-dated material which needs to be discarded and replaced. Such a condition is usually aggravated during periods of budget restraints when funds for new materials arc often reduced - sometimes drastically. This effect is compounded by the rapid rise in book prices which further 1units the quantity of materials that can he ptrrchased. Under these conditions, the replacement of wom and out of date materials is often suspended in favor of purchasing new titles. The condition of the collection is also adversely affected imposed by overuu. A substantial portion of the collection may, therefore, have a very 1vni[ed rcmain:ng useful life. Theca arc factors which the City and [he professional evaluator must consider seriously before making a decision. Should the County Library offer the collection for sale, then the Ciry must be prepared ro consider this as one of several alternatives. While acquiring a 51,000 volume collection en mats may appear to be a stroke of good fortune, caution must be advised and this alternative weighed against others. Steps that need to be taken include: County Library Option to Scll The County Library must detemdne its willingness to sell ail or any pan of its current Rancho Cucamonga Branch Library collections. If chore is a willingness to self, then the County Libtary should place a price on the collection and indicate whether or not ALL materials in the present collection are included. (A County Library may exclude certain materials or subjects prefemng to move them to other branches.) 2. Independent Appraisal The Ciry must retain an independent expert to evaluate the collection from a knowledgeable and unbiased viewpoint familiaz with public library collections. This evaluation must include such factors as (a) relevancy to the interests of Rancho Cucamonga residents, (2) age profile by subject of materials, (3) condition of materials, (4) comparison wi[h cost for purchasing a similar quantity of material from commercial sources. This evaluation should include a recommendation to purchase or ntx to purchase the collection N whole or in pan. 3. Cost of Inputting Bibliographic Darn Determination of the cost for inputting the collection into whatever computerized tribliogtaphic data base the City may eventually choose must be done by someone familiar with bibliographic data bast systems and their COStS. CostBenefit Analysis Evaluation at:d cost benefit analysis of ocher alternatives such as the purchase of a basic collection from a commercial vendor with selection based on a demographic profile of the City's population. Several reputable vendors market collection development services. These inefide everything from recommending tides for consideration based on a detailed community profile m cataloging, classifying, and physical preparation of materials including creating machine readable data and transfer of that data to whichever automated system the library chooses. These vendors also warehouse materials until the client is r_ady to receive them. Costs are surprisingly ]ow with an enormous range of tides available. The City might also choose to staff its own Technical Services unit to develop the collection. This would involve living staff, providing office and worlroom space as well as storage space. Opening Day Collections Objective For the purposes of [his Plan of Implementation, it is suggested that an opening day collodion goat of not less than 100,000 volumes be established. SucY. a collection is likely to contain 55,000-65,000 unique titles and 35,000-45,000 duplicate copies of the more popular titles with the highest ra[e of duplication in the Children's collections, Based on information from one of the largest vendors, such a collection wilt cost about 52,000,000 including acquisition, cataloging & classification, processing and machine readable data. This price does NOT include final selection of titles which would need to be done locally by qualified librarians. This service would add about $1.00 per tide bringing the total cost to $2,100.000 excluding any cos! for interim s[orage. Whether or not the presen[ Cuunty Library branch collection can act as a sound basis for the development of the uldmaze Central Park Library collection remains to be determined. Collections of this kind tend to contain a mass of outdated material which needs to be discarded and replaced. Such a condition is usually aggravated during periods of budget restraints when funding for new materials are often reduced -sometimes drastically. This effect is compounded by the rapid rise in bwk prices which funkier limits the quantity of materials that can be purchased. Under these conditions, the replacement of wom and out of date materials is often suspended in favor of pumhasing new tides. F. Creating the Central Park Library Inevitably, the Library Board of Trustees must become a leading body in the creation of the Central Park Library. Responsibility and authority to act should be carefully defined and delineated by the City. Library Boatrl tasks related [o the Central Park Library can be divided into a[ last these major groups: • Tasks associated with the design, construction, famishing and equipping of the building; Tasks associated with the organiang and initiating library operations in the new building including scheduling major ttdteposts sucG as recruitment of the initial staff, setting the collection development policy, establishing the plan of service, and adopting rules and rcgularions for library use; • Tasks associated with the long-term operarion of the Central Park Library. • Tasks associated with the implementation of the Library's Long Range Plan f~ . Some Sfeps to be Taken in Organizing the Rancho Cucamonga Pablic Library AUeady refemd to are some of the major steps required to establish the Rancho Cucamonga Public Library. Others, perhaps more mundane, must also be taken. While the order in which they ate acted upon may change, each of the following requires action at an appropriate time. I: is essenrial that the scheduie for these actions provide sufficient opportunity for input, analysis and decision making. Most, if not all of these steps requirt consideration and/or decisions by the Library Board of Trustees. Assistance will be needed from either a library consultant or a library director. The priorities and order in which thex steps are taken arc likely to change as various events occur. Adoption of a Plan of Service Among its early actions, the Library Board of Trustees should adopt a Plan of Service, on behalf of the City, describing the Rancho Cucamonga Public Library's basic goals and objectives. It is a combination road map and menu to guide the development of the library. At least an interim plan of service should be adopted very early to provide guidance and consistency in tatting other steps. 2. Collection Development It is imperative that the devclopment of the initial callxdons for the Central Park Library begin as quickly as possible, Many decisions and much work must occur in a very short period of time if the Library is to have anything like an adequate collection at the time the Central Park Library is opened. Collccdon development should'oegin with the formulation and adoption of a collection development policy. Then decisions must be made as to how acquisitions are to occur. This includes whatever consideration may be deemed appropriate for buying the existing branch collection in whole or in part. Professional library experience will be necessary throughout the collection development process. A goal for an opening collection should be set, perhaps around 100,000 volumes. With, or without the existing branch collection, two major alternatives appear at this point for acquiring the bulk of the start-up collection. (Note: the word "books" as used here includes all types of print and non-prior media.). As previously noted, the cos[ of the initial 100,000 volumes is expected to be about 52,100,000. a. Use the services of a qualified vendor offering astart-up collection service. This will necessitate approval of an acquisitions budge[ and appropriation of funds by the Ciry as weR as the employment of a consultant or staff of two or mort people to (1) prcpaze a collection development profile of the potential user population, (2) make day- to-day book selection decisions based on lists provided by the vendor, and (3) otherwise monitor the collection development process. b. Establish an Acquisitions and Technical Services operation within the City to select, acquire, catalog, classify, process, and store library materials. Such an operation will require at least 15 staff members: 12 in Technical Services and 3 librarians selecting materials. It would also involve 2,000-2,500 square fat of office/workreom space and 5,000 square feet of dense ttomge space foz storage of processed materials awaiting transfer to the new Library. A number of computer workstations and various pieces of office equipment will also be necessary along with various selection tools and material selection journal subscriptions. Salary and benefit costs are estimated a[ $62;,000 per year for a period of about three years. At the end of this tune, the Technical Services staff would be reduced ro 6 with selection duties absorbed by Public Services staff. 3. Staffing Acquiring staff for the management of the Rancho Cucamonga Public Library and for staffing the Central Park Library will rcqurre careful pianning to secure the best qualified personnel az the precise time then skills arc needed. Building a cohesive and productive staff from 0 to perhaps 50+ in a shoe span of years is a challenge which must bo met with a well defined program detailing future personnel needs, establishing position spuificatiors, salaries and hiring schedules. A consultant working closely with the City's Ptrsonnel Departrnent would seem to offer the most cost effective means for achieving this goal. Such a person would suggest a library staff organization strucmrc and work out corresponding job descriptions and prioeities. The consultant would work with the Library Board of Trustees and the City's Personnel Ikpartment in establishing a recruitment process consistent with a schedule designed to hiring key personnel when theu presence becomes imperative. If this recommendation is followed, employment of key staff might be delayed for a yeaz or more rcsulfing in a substantial savings. The annual cost of the four key positions listed below amounts to $233,640 for salaries plus $81,774 for benefits, or a total of 5315,384. This does not include funds for clerical staff which would also be requved to assist the key staff in carrying out their responsibilities. Key staff in order of priority include a. Library Director b. Collections Development Librarian c. Tuhnical Servias Coordinator d. Pubfic Services Coordinator With the assistance of those key staff members, the roster of personnel would gradually be increased to that required for opening and operating the Cenmal Park Library. Using the average saiaries being paid in comparable southern California communities for personnel, it is expected that the monthly salaries for these key staff members at the "control point" in the City's 1991/1992 salary scale will be approximately $6570 (range 540) for the Library Director, and $4,300 (range 505) for each of the Coordinaor positions. plus benefits. 4. Selection of an Automation System The selection of an automated system for the Rancho Cucamonga Library must be undertaken in tirne for the system to be installed in the new Central Park Library and to accommodate the initial collections. This process should be guided by a qualified Library Automation Consultant familiar with all of the potenrial vendors. Such a consultant will more than save their fees because of their ability to prepare the necessary RFP's, analyu bid responses, and negotiate with the vendors. Selecting the right Automation System will be a rnajor factor in the eazly success of the Rancho Cucamonga Public Library. Selecting the best vendor available is of paramount importance since changing systems and vendors at a later date can be very costly. Seladon of a Cooperative Library System '~ Selating membership in a Cooperative Library system may be another area for Library Boazd investigation Membership in a cooperative librazy system includes a guarantee of free and equal access of residents of member libraries to the collations and services of all other member libraries. While the smites provided by systems vary, extended reference, daily delivery of interlibrary loan materials, and staff in-service training aze common features. Participation in a variety of grant-funded programs is a further benefit of membership. To a considerable extent, the systems are used as a pass-through mechanism by the California State Library for state and federal funding of spaial pmjats. Cooperative library systems were made possible by the passage of the California Library Services Ac[ in the mid 1960's. (See Appendix D for a more detailed description of one such system -- The Metropolitan Cooperative Library System.) Organized for the purposes of resource sharing, each system is comprised of a group of independent libraries. An administrative council representing the member libraries, governs each system. A director and small staff manages the day-to-0ay operations. System funding is derived from the California Library Smites Act, the participation involves a request for membership by a library or city official. After review by the System's exau6ve council, the City files a resolution which the System forwards to the California State Library for submittal to the Califortda Library Services Boani which must approve new members. The City of Rancho Cucamonga lies within the Riverside-San Bemazdino County azea smed by the inland Empire Library System, and is therefore eligible for membership in the inland Empire Library System. However, because of its location near the edge of the Metropolitan Cooperative Library System, (MCLS) it is possible that membership might also be available in that System which smw 32 municipal libraries in the greater Los Angeles area including parts of Ventura County. With a larger number of [ibrary members, greater funding, and a more aggressive policy, the Metropolitan Cooperative Library System offers morn smites and a greater depth of resoumes to its members. The collations of the MCLS member libraries represent more than 8 million books plus all other print and audio-visual materials. Interlibrary loan requests an processed through automa[ed darn bases representing the holdings of all member libraries. An extensive telecommunications network featuring FAX machines promotes rapid identification of sources. A daily delivery system with three delivery vans and drivers transfers materials between libraries, within 24-08 hours. Three levels of reference and referral service are offered beginning with the local library, then moving to system resource libraries and finally to the Southern California Answering Network (SCAN) utilizing the resources of the Los Angeles Public Library and a variety of academic and special libraries. Except for small fees charged by some libraries far interlibrary loan requests and/or photocopies, System services are free to the user. Member libraries cturcndy pay 53,000 per year plus 5.0375 per capita Sunda; information should be acquired and studied from ate inland Empire Library System based in San Bernardino. Ortly then should a decision be made. Membership N a library system offers many benefits m library users ]0 at ezvemely nominal costs and should be available as a part of the establishment of the new municipal bbrary. + 6. Establish Rules and Regulations for Libtary Use Although public libraries tend to operate with as few restrictions as possible, certain rules and regulations arc requued. These include fees for overdue materials and special services as well as roles regulating use of particular collections or items of equipment. Policies must also be estabiished foz the use of meeting rooms. 't'emporary Facilities As staff members are employed, appropriate ofYce/workroom space wiil be required. This might be done initially in the City Hall. However, as additional staff is hired, space needs may exceed that available in the City Hall. Should this occur, temporary facilities will need to be found. If this point is not reached until the Cenorl Park Library is nearing completion, temporary quartos might be developed in a portion of that building. Otherwise, space might be sought in an office building, store front building or in an appropriate industrial building. 8. Furniture znd F~uipment Selection While i[ is expected that an experiencal Interior Designer will guide the selection of furniture and equipment for the Central Park Library, some assistance will be needed from a person or persons familiar with library requirements. This role may be filled by the library building consultant using the library staff as an added resottrce. I[I. THE CENTRAL PARK LIBRARY The Central Park Library is being designed for the ultimate, build-out population. However, since all of the space will not be needed at the outset, only a porton of the t}uee- story building is expected to be used initially. Presumably, at the outset the Cenval Park Library will occupy the Main Level consisting of approximately 47,000 gross square feet and a small portion of the lower Plaza level. The remainder of the building's interior space will be finished as more space is needed. The Library will ultimately occupy more than 125,000 square feet. Services to be provided were those established by the Library Task Force as a basis for space priorities. As a guide to the services, collections and amenities pmgtammed for the ultrmate facility, a brief review follows. These points are elaborated upon in the building program itself. Rook Boutique and ReJreskment aria Amenities will begin for the public as they enter the new Central Park Library. A Book Boutique operated by the Friends of the Rancho Cucamonga Public Library will offer for sale at atvacdve prices a selection of used books and magazines in a book store setting. ONer library related needs may be found here ranging from note paper and stationary to computer diskettes. Close by, light refreshments may 11 be enjoyed at a vending/snack area. A copy center with coin-op typewriters and copy machines will meet the needs of thou who come to the Library primarly for such services. B. Browsing Area A lazge and comfortable Browsing azea with comfonable lounge seating will provide an at~acdve location for those interested in sampling new books and special collections on a variety of current topics. Several hundred cumnt newspapers and magazines will be found here as well. Public Access Catalogs A bank of on-line Public Access catalog tem»nals will pmvide instantaneous access to the Library's collections. These will be supplemented by additional terminals located at convenient spots throughout the Library. U. Young Adults Young Adults will find a new home in the Library where cazefully chosen collections of books, paperbacks and magazines mirror their interests. Study rooms will be available for small group study ussions. A unique azea is being created for a Youth and Senior Partnership pmgtartt which will enable individual young people and small groups to work with knowledgeable Senior volunteers on exciting projects of their own choosing. E. Adult Fiction and :Vonfctinn In addition to offenng a collection of neazly 25D,000 volumes of fiction and nonficfion the Adult Services area will feature a cries of Subject Interest 8oubques bringing together books on par[iculaz topics. A Readers Advisor wilt he on hand to assist in electing material. Senior's Alcove and Vision Impaired Nook A Senior's Alcove and Vision Impaired Nook are being developed as special sanctuaries in responu to the needs of Rancho Cucatnonga's senior population The Seniors Alcove will feamrc small browsing arrutgements of materials denoted to typical interests of this group. Those who ate visually impaired will be provided with a substantial collection of large print books and books on tape. A table will be equipped with large magnifiers and other rtading aids. This will include a Kurzweil type machine. Audio Visual Services Center All types of audio visual materials will be available in the Audio Visual Services Center for home use along with equipment for enjoying non-print media in the Library. A small production facility will be available to allow the Library to produce audio and video materials for the Library's use and collections (such as taping library programs, children's storytime hours, interviewing local celebrities, etc.) This facility will also permit the Library and the public to participate more fully in Cable Television. 12 N. Technology Users Center To promote a more computer (iterate society, the Library will introduce a Technology Users Cente; complete with a variety of equipment ranging from temunals to FAX machines. While devoted primarily to the individual, the room can suppon a more formal compu:cr training program when desired. The Library will provide scores of computer programs for use along with some instmction by staff and/or volunteers. The ready availability of the Technology Users Cen[cr should, it is hoped, help to overcome the widening gulf between those who can afford to own sophisticated technology equipment, and those who canna. Reference Services Reference Services will provide access to an expanded quantity of tradi[ional reference materials supplemented by the profound resources available through on- line data bases and CD/ROM. Community information will be a major focus for developing special reference collecdons. A cluster of small study rooms will be particularly useful for those needing an extra-quiet place to study or to work with a small group of other users. Telephone Reference Service A Telephone Reference Room will handle questions received by phone. This will alleviate the disruption of Reference Staff dealing directly with the public while assuring an appropriate response for thou needing the convenience of a telephone. It is expected that this will be a particular boon [o those employed in business, industry and local government where needs ate immediam and time to find accurate infomraton is limited Basines.s Rejerenee Service A dedicated Business Reference Service will serve as a unique information source for the growing number of businesses and industrial enterprises in Rancho Cucamonga. Particular emphasis will be placed on small businesses which appeaz to be tluiving in the region. An active business collection development program will attempt to attract brochures, annual repots and other materials from local firms. When no longer curnn4 these will be transferred ro the Heritage Room as pan of the documentation of local history. Many businesses and industries may choose to become part of an informal rcsoume network linked together by computers, FAX machines and other electronic infornadon equipment. This network, based in the Business Reference Srnice center of the Central Park Library [night include other resources such as the Chaffey College Library and the libraries of various companies, etc. L. Career Learning and Tutoring Center A Career Learning and Tutoring Center will be outfitted with a variety of spaces to accommodate individuals, one-on-one Teaming teams and small groups. Each space will be equipped with a variety of temdnals, video monimrs, VCRs and other equipment. One point of focus will be the popular Literacy program with its host of volunteer tutors. This will be especially important for the growing number of people comprising the various ethnic groups making up more than 3090 of Rancho 13 Cucamonga's population. Another will be mateials useful to those moving up the career ladder or contempla[ing a change in occupation. In fact, the Career Learning and Tutoring Center will be available for all who arc interested in pursuing a particular subject with the assistance of electronic information equipment and/or tutors. M. Heritage Raom: Loea! History and Genealogy Loea] history is a major interest far many Rancho Cucamonga residents. Therefore, a Heritage Room has been planned to acquire and make available materials on Rancho Cucamonga, the Inland Empire, California and the West. Interest in all aspects of this subject grow as the population increases. Here materials of !Deal historical and genealogical interest can be assembled, displayed and provided for public use. A Galleries at the entrance to the Heritage Room will supply a special space for exhibits of literature, maps, posters, photographs, memorabilia and other items associated with the history of Rancho Cucamonga and its environs. The Heritage Room will have its own workspace to guarantee the safety and security of its unique materials.. This will include a small storage rocm with additional fur protection for the most valuable items. The Heritage wohroom will provide space for preservation activities as well as other routine collection and service operetions. The transfer of fragile and unique materials m ela~tronic media will be a major goal as will the preparation of computes indexes to provide detailed access to the collections. N. Children's Services Children will receive special attention in the new Rancho Cucamonga Library. The children's program can take wings with space designed for it Entering through a carctully designed Thcrne area, children will fmd themselves in a new world Displays and exhibits will excite their interest in new subjects. Cotlecdons and seating wil! be provided for each major age grouping. Children wi;i enjoy then own media and persona( computer centers. Study norms will be available, Parents and other caregiver adults involved with children will enjoy the Parenting Alcove when; adult seating and reading matmals wilt be available on child development and other family topics. Storytime Room The Storytime Raom with its carpeted tiered seating will be a feature of the Library, Isere traditional story telling and other types of children's programs will be held. Beginning with pre-schoolers, library instruction wiG be given here as part of the extensive class visit and youth organiradon program conducted by the Library. Sophisticated, but noninrruding technology will be incorporated into the Storytime room to make use of nonprint materials, special effects and electronic technology equipment when needed. Youngsters of all ages will be encouraged to let their imaginations soar as thty shaze in the vast treasury of children's literature and folklore. Like the Children's Room, the Storytime Room is destined to become a choice lifetime memory. Discove. Raom The Discovery Room will be a magnet for many children wishing to explore the world about them. In effect, the Discovery Room will serve as a powerful fusion of 14 a children's museum, science museum, media gallery and special library. Whether the object of a pardculaz month's exhibits is to explore the wonders of animal life in + the nearby mountains or to probe the solaz system, children will be introduced to the universe in which they live. Exhibits with interactive appamms will be provided by interested individuals, museums, hobby groups, organizations, businesses, industries, government agencies, community service clubs and other groups. Here children's imaginations will be set soaring and learning accelerated by hands-on ezhibits, informal talks by volunteer enthusiasts, and by media displays. Changed monthly, the spectrum of such exhibits and programs is limited only by the imagination. Q. Public Meeting Rooms Public Mcedng rooms will be mpresented by a number of facilities. For instance a Library Film and Lecture room seating about 300 people in theater style on a sloped floor will be in constant use for library and community programming. Lectures, discussion groups, film, and other types of programs will be presented. A second flat floor facility searing a total of 100 can be divided into two or more spaces for other types of meetings ranging fivm small comrrtittces to largtr groups. Other rooms in the Library can be convertW quickly into small conference rooms on demand when available. R. SfaJf Facilities In addition to the collections and services provided the public, the Ccnval Park Library will house the facilities required by the headquarters staff. Appropriate, space will be available for pttsonncl engaged in administration, resource development including selection, ordering and processing of materials, and branches and other extension services. The delivery of cost tffecdve library service throughout Rancho Cucamonga depends upon adequate facilities for staff functions. IV. PROJECTED COST FOR CONSTRUCTION Construe;ion costs are based on current estimates in 1991 dollars. They include construction and famishing and equipping a library facility, but do not include the cost of the initial collectlons or the automated systems. NOT included either are the cost of land and site development. The cost in 1991 dollars for constructing [he Central Park Library as a shell with approximately 47,000 square feet of finished space has been estimated by the architects at S 17,000.000.00. PROJECTED COST FOR THE INITIAL OPERATION OF THE CENTRAL PARK LIBRARY Projecting the cost for the initial operation of the Central Park Library must include a variety of assumptions and recognize many possible variables, However, given these, it is possible to provide at least a basic ball-pazk figure which can be refined as work proceuls. Assumptions The following assumptions have been made as a basis for artiving a[ a projected budget for the fast year's operation of the Central Park Library. IS Collection Development It is assumed that the Cenral Pads Library will open with a collection of at !cast 100,000 volumes (including audio visual materials). Of these, SS,000-65,000 should be unique titles and 35,000-45,000 duplicate copies. Approximately 1/3 of the collection will be for children and 273 for adults, including Reference. 2. Automation Both an on-line catalog and an automated circulation system have been assumed. A local area network of PCs (LAN) will little the various offices and relevant workst4ations. Other automation such az CD/ROM and on-line data base searching will be basic to the Reference and Business Reference functions. Initial Library Space The initial operations of the Central Park Library are presumed to requrrc approximately 45,000-50,000 squart foet of space in the new building. Public Services are expected to occupy the Main Level with some Plaza Level space used for office/workroom support services. If Public Services are located on more than one level of the building, staffing requirements are hkcly [O be IrlCrea.Xd. To meet user needs, it is expected that the Central Park Library will be open seven days per week for a total of fib hours. 4. Library Services Central Park Library is expected to offer a full range of services when it opens. This will require the following service points which must be staffed: (!) Circulation Desk, (2) Reference Desk, (3) Heritage Desk and (4) Children's Desk. The Heritage Desk may be staffed in part by volunteers. Operating Costs An assumption has been made that operating costs for supplies, utilities, and other miscellaneous items will be similar to those of other libraries of similar size and serving populations of similar numbers. The operating cos[ used in the following budget is based on the average for ]2 southem California municipal libraries of comparable siu. Personnel Anticipation of above avenge use of the Central Park Library, a des've for quality service, and a higher than normal work load for collection development, inauguration of services, ere., are basic to planning for library personnel. Staffing has been planned to operate the service desks described about for 68 hours per week. Competitive salaries have been esnblished for each posieion by averaging pay schedules for 7 other southem California libraries and then adjusting 16 them to Pay Ranges adopted by the City of Rancho Cucamonga for 1991N2. 7. Library Materials + The annual budget for Library materials is based upon acquiring a minimum of 18,000 volumes per year (about 11,000 new titles and 7,000 duplicate copies) with a ten yeaz goal of 280,000 volumes - or a minimum of 2 volumes per capita for a population of 140,000. Cost per volume has been pegged at $20.00 and will require adjustment if book prices continue to tile. 8. Capital Expenditures A token amount has been added for capital expenditures covering items of furniture and equipment which might not be included in the original furnishings. This amount will vary widely from year to year depending upon special- needs and conditions that ate na predictable. Budget Profile The budget pro61e should be similar to that of other libraries of similar siu. The ranges in the following profile were derived from the budgets of 12 municipal libraries in southern California sxervinmg comparable populations. (Percentages have been rounded off.) Personnel 60-70% Materials 15-20% Operating 15-20% Capital 0.07R~ The proposed first year expenditures the Central Pazk Library's operations follow an acceptable pmfile: Personnel 66.990 Materials 16. I % Operating 15.4% Capial L6% 100.0% B. yariab(es As previously noted, budget projec[ions must always assume a number of variables. Obviously, inflation and the cost o£ goods and services are a primary variable. However, other variables exist which are more discretionary and costs are subject to change depending upon the choices made by the City and the Library. 1. Personnel Staffing levels can vary depending upon scheduling and workload. More desk hours assigned to each staff member decreases the nuntber of staff 17 required, However, the result is that fewer off-0esk hours aze available for the many tasks such as materials selection, in-depth reference, etc'• Obviously, personnel costs are subject to change depending upon the salary scale and benefit package adopted for the Library. 2. Materals Acquisidon Increasing or decreasing the number of materials to be purchased is perhaps [he rtwst common variable in library budgeu. However, such changes must be weighed against long term collecdon development objectives. 3. Capita Expenditures The amount budgeted for capita expenditures varies widely depending upon the need for adding and/or replacing ftaniture and equipment C. Projected Annual Budget jar the Contra( Park Library The following budget has been projected for the Central Park Library's fust yeaz of operation. Note that ALL figures are in 1991 dollars and a correction for change in dollar purchasing power will be required. For added vtrificadon, the total budget was compared m those for 12 southern California libraries serving equivalent populadons. 'trio average for the 12 libraries amounted to $2,242,996 compared to the total of $2,455,547 for the Central Park Library. TABLE 1 PROJECTED FIRST YEAR BUDGET S ~laries and Benefits $1,641,744.00 Library Materials 396,000.00 Operawg 377,803.00 Capital fFumiture ~ Equipment) 40,000.00 oral ................................ _._-_ 52.455,547 D. Post(ions and Salaries Salaries have been projected on the basis of the following roster of personnel. The number of staff, in rum, was determined by preparing a schedule for staffing the various desks to operate 68 hours per work. Administradve staff were selected on the basis of skills needed at the outset of library operation. The Technical Services staff was induced to a minimum based on the expectadon that a large percentage of library matcrzls would be purchased shelf-ready from the various vendors. If this does not occur, the number of Technical Services staff will double. A limited numtxr of pan time staff has been included to cover desk schedules for staff on vacations, sick leave and other emergency situadors. Needless to say, perhaps, the library salary schedule must be extremely competitive if the City is to attract the best available staff to its ranks. 18 TABLE 2 POSITION AND SALARY INFORMATION POSITION NUMBER MONTHLY pANGE IN SALARY NUMBER POSITION ADMINISTRATION (7 Positions) Library Director 1 $6,570 590 Administrative Asst 1 4,300 505 Administrative Sec'ry 1 2,677 360 Office Services Clerk 2 1,955 347 Collections Development Coordinaor 1 4,300 505 Automation Coordinator 1 4,300 505 PUBLIC SERVICES (19 Positions) Supervising Librarian 1 3,522 465 Senior Librarian 3 3,033 445 Librarian 6 2,885 425 Offs=e Service Clerks 2 1,955 347 Circtilation Supervisor I 2,624 406 C'uculation Clerks 6 1,955 351 TECHN/CAL SERVICES (6 Positons) Suprnising Librarian 1 3,522 465 Cataloger 1 3,033 445 Catalog Technician 3 1,955 347 OrierBibliographic Techn. 1 2,204 371 PART TIME Librarians 2 FTE 445 Clerks 2 FTE 351 Pages 300 hrs.Jweek $5.50/hr 203 V i. BRANCH LIBRARIES This section of the report details the rationale and for the three branch libraries recommended in the Library Facilities Master Plan. The three future branches would be located in (1) the Northwest, (2) the Southwest, and (3) the Northeast Timing for the establishment of these branch libraries will be determined by population growth, demand and an analysis of the use made of the Central Park Library abet it has been in operation for ene or more ycazs. An clecronic Information Network housed in the Business Reference Department of the Central Park Library will serve members of the growing business and industry community, A brief description of each of the three branches follows. Cost information follows in Section VII. 19 A. The Northwesf Branch Library and iJS Service Area The Norhwest branch library service area is roughly bounded on the north and wes[ by the City limits, on the south by Base Line Road and on the east by Archibald Avenue. These boundaries include approximately eight square miles devoted primazily to residential housing. Only a limited ponion is given to commercial or other uses. It is expected that the service area as described here will include the residences of approximately 75-854'0 of the potential users of the future Northwest Branch Library. Residents of this area live further from the Central Pazk Library than do most other city residents. Service Area Population The Northwest Branch Library service azea contains all of census tract 20.02 and portions of 8.12. 20.02, 20.04 and 20.05. For purposes of determining an approximate population for this library service area, the following allocations have been assumed for each of these census tratts TABLE 3 POPULATION ALLOCATION BY CENSUS TRACT FOR THE NORTHWEST BRANCH LIBRARY SERVICE AREA TRACT TOTAL % ALLOCATED POPULATION NUMBER POPULATION ALLOCATED 6.12 3,675 33% 1,225 20.02 9.316 33% 3,106 20.03 13,032 100% 13,032 20.04 6,262 50% 4,313 20.05 19,519 12.5% 2434 Total Branch Library Service Population----------- 24,110 A further breakdown of demographic characterisdcs must await additional information from the 1990 census. However, from observation it would seem that single family homes prWominate by a wide margin. Then owners would appeaz to range from moderate to high income families. Not1h of Banyan Street, most properties are zoned in the "very low" classification providing for a maximum of two dwelling units per acre. 2. Ciruladon: Major Sweets and Flighways A north-south and east-west grid of highways serve this area. Mos[ prominent among [he internal north-south anerials is Carnelian. It is followed by such streets as Sapphire, Heryl, Hellman and Amethyst. Archibald provides a boundary street on the east side of the library service area. East-west highways include Base Line on the south followed by I9th Street, Banyan and Hillside. The Foothill Freeway will eventually slice through this area paralleling the north side of 19th Saeet. Access points 20 will occur at Carnelian and Archibald. Internal traffic is carried by a maze of residential streets which regulaze and restrict entry into the arterials. 3. Schools Four elementary schools, a junior high school and a high school operate within the Northwest branch library service area. At least three more schools are projected. This attcsts to the number of young families with school age children 5ving in this area 4, Parks and Recreational Facilities Heritage Community Park, a major city park and recrea[ional center is located at Beryl and Hillside Avenues It is an activity center, especially on weekends. Beryl Park and Confluence Park also lie within the Library Service area 5. Neighborhood Commemial Activity The focal point of neighborhood commercial activity appears [o be at the intersections of Carnelian and 19th Street. I[ contains a number of markets, banking facilities and other retaiUcanntenial facilities, A somewhat smaller neighborhood commercial center exists at Base Line and Carnelian. However, this is at the southern edge of the intended branch library service area 6. Choice of Branch Library Site Although the smite area for the Northwest Blanch Library is fauly large, the choice of sins for the facility is limited. The site with by far the greatest potential for suctxss is the neighborhood commercial center az Carnelian alai 19th street This appears to be the largest and most popular "magnet" in the area and is conveniently reached by residents throughou[ the branch service area. Two elementary schools, a junior high school and a high school are within ottc mile of this site. The fact that no other zoning for community or neighborhood commercial exists within the branch service area north of this point seems to substantiate the importance and potential longevity of this particular shopping area Significantly, an interchange on the Foothill Freeway is planned where it intersects with Carnelian. This will fitrther serve to channel traffic from rho north m this area Tf space cannot be found within the retail area, a site between Carnelian and Beryl fronting onw 19th Street might be acquired. This would keep the branch on the major arterial grid fot easy access and visibility while remaining within relatively easy reach of the shopping center and close to several schools. Suggested Branch Library Profile Until the use made of the Central Park Library by residents of this area is proven by a year or more of operation, only a tentative profile of collections and services far the Northwest Branch can be suggested. Further studies will be requhed to modify the specifics outlined here. However, as a means of estimating possible branch space requirements and operating costs, the 21 following tentative descriptors are provided. Fttrther, then parameters are based on the assumotion that the Northwcs[ Branch Service Area, as ,~ described, will contain at least 25,000 residents by the time the branch is in operation. Obviously the specifics will have to be modified to mat actual population figures. The Northwest Branch is conceived as a full service branch providing immediate access to a repreuntative collection of populaz and basic materials. It will be fully equipped for elecuonic information access and for rapid response from the Central Pazk Library. Emphasis will be placed on service to children and young people and the interests of adults who are facing rapid change in they careers and personal lives. Service to ethnic ttdnorities will be important and may include literacy tutoring. a. CoUectians Minimum of 2 cumndy uuful volumes per capita (including non-print materials). Assume at leas: 50,000 volumes. b. Hours ojservice. 48-54 hours per week including Monday through Saturday with the schedule adjusted to meet local needs and habits. This assumes that the Central Park Library will be open additional hoots as weB as Sundays. c. Searing. Minimum of four oats per 1000 population, or at least 100 excluding seats at computer terminals, microform machines, and other equipment. d. Staff. Full-time equivalent staff (FTE) sufficient [o effectively operate the branch library including at least one librarian to be on duty a[ any given titax. It is expected that this will result in a FI'E of 9 to ]0 not including pages. A corps of volunteers is anticipated, as well. e. Meeting rooms. The Northwest Branch building should include a storytime room, a conference room fo: small group meetings (20 or less) and a larger meeting room for up to 100. In addition, there may be small study rooms and space for tutoring and quiet individual study. f. Size of the library facility. Until further information is available on usage expectations, etc. esrimating the size of the Northwest Branch Library (aciliry is largeb~ a matter of speculadon. However, given the preceding parameters, it is likely that the building will require 15,000-18,750 square feet -- and could be substantially larger depending on additional features or significant growth of the population in the urvice area. g Parking and site regrdrernents. Given the estimated size of the building, between 22,500 and 28,125 square feet will be required for parking (I.5 sq, ft, of parking per square foot of building). To this must be added space for landscaping and whatever se[-backs may be required et the selected site. When added together it appears the Northwest Branch will requve a site of 1.5 to 2.0 acres. 22 h, Interim storefiau operation. I[ is altogether possible that the Northwest Branch might initially be housed in a storefront building if such is available in the shopping center. This tactic is often used az an interim measure as well as a means of testing a particular location. This expedient also provides [ime needed to build thu fitli collection and [o construct the permanent facility, B. The SonthweaJ Branch Library and !ts Service Area The Southwes[ Branch Library service area would be bounded on [rte north by Base Line Road, on rho east by Haven Avenue and on the west and south by the City limits. This area appears to contain much, if not most, of the City's medium and medium-high residential areas. Some of rho City's older housing is also located here. While residents may be slightly closer [o the Central Park Library in tettns of actual distance, and perhaps driving time, than those in the northwestern sector of the City, there arc other constraining factors such as [he heavily traveled comrttercial strip along Foothill and the office and industrial parks which intervene. Service Atea Population The Southwest Branch Library service area contains all of census tract 13.02 and portions of 8.12, 20.04, 20.05 and 21.00. The following allocations have ban assumed for each of these census tracts for purposes of determining an approximate population for this Southwest Branch Library service area. [n terms of the existing 1990 population figures, the Southwest Branch Library would serve the largest branch population, more than 32,000 people, Amore elaborate demographic profile can be constructed afmr additional data is released for these tracts by the Census Bureau. From observation it would appear that the residential acreage involved contains smaller homes and some multi-family residences. TABLE 4 POPULATION ALLOCATION BY CENSUS TRACT FOR THE SOUTHWEST BRANCH LIBRARY SERVICE AREA TRACT TOTAL % ALLOCATED POPULATION NUMNER POPULATION ALLOCATED 8.12 3.875 67% 3,675 13.02 1.298 100Mo 1,298 20.04 8,262 50% b,313 20.05 19,519 50% 9,760 21.00 18,208 75% 13,65b Total Branch Library Service Population--------•-- 32,702 23 2. Caculadon: Major Streets and Highways Major east-west arterials in the residential azeas include Base Line which+ forms the library xrvice area's nonhem boundary, Foothill Boulevard, and Arrow Highway. Further south, 4th street and 6th strcet primarily serve the large industrial area. Vineyard, Archibald and Haver. are the major north south arterials. Each of these (Vineyard becoming Carnelian as it pasxs Bax Line) are connected 6y interchanges to the San Bernardino Freeway on the south and will be tied by an interchange with the Foothill Freeway in the north when it is completed. 3. Schools Five elementary schools and two junior high schools are located within the proposed Southwestern Branch Library service area. in addition, the high school serving thex students is located on Base Line just outside the northwestern edge of the service area Parks and Recreational facilities The Red Hill Community Park lies a[ the extreme northwestern edge of the Southwest Branch Library service area. Several relatively small neighborhood parks also serve this acre Mote important is the Cornmunity Center on Arrow Avenue at Archibald. This appears to be an intensely used facility and a focal point for various xgments of the population including seniors. Neighborhood Commercial Meaningful neighborhood commercial development is extremely limited. Instead, most of the retail and commercial businesses occur along Foothill Boulevard. With some intern.ptions, this strip spans tht highway from the western boundary of the City to Haven Avenue. Choice of Branch Library Site The Southwestern Branch Library Service area lacks the str»ng focal point provided by a central neighborhood commercial areas. However, xveral options exist in the commercial zone along Foothill Boulevard reasonably clox to its intersection with Archibald The fact that banks and markers are situated here signals the magnet power of Foothill Boulevard for local residents. Open land stitl might be available. At first glance, it would seem that the Community Comer on Arnow Highway near Archibald might be a suitable site. However, closer examination reveals some serious limitations. The site lacks the higher visibility and easier access associated with a location along Foothill Boulevard. Moreover, the Community Center's drawing power •- its magnet effect •• is limited to those individuals, such as Senior Cidrens and members of particular organizations using the Center as a meeting place. Another drawback [o this location is that it would place the Southwest Branch Library more or less at the southeastern fringe of the residential portion of the Library Service Area. 7•his increases the driving time and distance for a large share of the potential users. 24 4s with the Nonhwescem Branch, it would be reasonable to establish theme Southwest Branch Library in a storefront building if the facility is properly located and of adequate size to meet the initial goals for collections and services. Such a facility would permit testing of the general location as well as the make-up of collections and services. 'this option has the merit of a limited capita investment Suggested Stanch Library Profile Further studies of demographics and potential library usage are needed for the Southwestern Branch Library Service azea before the profile of collections and services can be drawn with any accuracy. While the residendal area may be somewhat larger than in the northwestern quadrant, demographic characteristics would seem to indicate that per capita usage may be somewhat lowtt. However, the population mix appears to call for substantial and diversified resources and services. Tf borne out by census data, service to children and to seniors will be particularly important. Family lift, homes and gardens, improving vocational skills and similar topics may be emphasized. As a full service branch, the Southwest Branch will provide in-house access to a collection of curtendy popular and useful materials. The Library's electronic information capability and quick delivery will enable users and staff to have immediate access to the fuB resources of the endre Library system. a. Collectioru. Minimum collection should grow m about 2 cumendy useful volumes per capita (including non-prim materials). The basic collecrion for 35,000 people would number at least 70,000 items of print and non-print materials. Spxial interest would include children. seniors, occupations, homes and gardens. b, Hows of Service. Depending upon the needs and habits of the service area population, the Southwest Branch should be open six days pct wcek for a total of 48-54 hours. c. .Searing. Using the formula of 4 scats pot 1000 population provides a minimum of 140 [ceder seats. This is exclusive of seats at computer terminals, tnicrofortn machines and other equipment d. Staff. There must be sufficient full-time equivalent staff to operate the library in an cffcedve manner for whatever schedule of hours is eventually determined. in all likelihood the staff will number between 10 and 12 FIE. This does not include volunteers who ate expected to provide additional strppor a pages for shelving tetum materials. e. Meeting Rooms. The Southwest Library will have an active library program commitment and must have a storytime room, a conference room for small groups (20 or less) and a larger community meeting room with space for at least 100. Other rooms will be needed for quiet study, mroriaf work, etc. 25 f, Size of the (ibrary facifiry. Using the parameters described above, a branch library building of at least 21,000-26,500 gross '~ square feet will be required If population growth in the service azea substantially exceeds the curtenr 35,000, a larger building may be called for. g. Parting requvement Based on a 20,000-26,500 gross squaze foot fibrary building, pazking space will amount to an additional 30,000-39,250 squaro feet. Landscaping and set-backs must be added to this. In all probability, a site of at least 1.5-2.0 acres will be requited for the Southwesrem Blanch. h. Interim housing. The Southwest Branch Library might begin as a smtefront operation if a suitable srmcttac can be found in a desirable location. This would permit testing of usage and allow time for planning without having to withhold library service from residents of the area. C. The NoRheasr Branch Library A branch library service area may ultima[ely need m be established for the northeastern comer of the Ciry. Centered in the community of Etiwanda, this branch service area would be bounded on the north and east by the City limits. Arrow Highway would mark the southern boundary and Etiwanda Avcnue the western boundary. Service Atea Population Because the population of this pmmtial Library Service area is included in a single census acct extending from Haven Avenue to i-IS and from the northern City limits to Baseline and Foothill, it is impossible at this time to determine the population in the Service Area. Until a sound basis can be found for such a calculation, an estimate of 12,500 is being used for planning purposes. Most of the present housing is located in low density and very low density areas, echoing the agricultural heritage of Etiwanda. Currem inning does not anticipate any significant change in this pattern. Residential tracts under conswetion or planned for the nonheastem area above Etiwanda seems to menfome this low density land use pattcrt. Viability of a Northeazt Branch Library At least three questions cloud the issue of whether a branch library should be established in this area within the nett decade oc so. • The population in the intended Library Service area is limited - -probably only i/3 to IR of that of the number living in either the Northwest and Southwest Library Service Areas. This might be too small a number to justify the cost of blanch service. • The population is closer to the Central Park Library than that of the other [wo branches. Moreover, it would appear that Base 26 Line Road, Highland Avenue and the furore Foothill Freeway will provide quick and easy access to the Central Park lilxary. • A branch neaz the northeastem border of the City would probably attract a lazge number of nonresidents from adjacent residenial areas in Fontana and the County. Any plans for placing a branch in the Edwanda area must be carefully coordinated with the City of Fontana to avoid unnecessary duphca«on of library facilities. At :his point, a branch library in E«wanda might be disproportionately used by Fontana residents. 3. Cireula«on: Major Streets and Highways E[wands and East avenue are the major north-south streets. Those conning east-west are Base Line Road, Victoria, Highland (19th Street) and Summit. The Foothill Freeway will eventually provide another major east-west arterial with interchanges a[ East Avenue and others spaced along I-15 at Sunvnit, Base Line and Foothill. 4. Schools Schools cturently include one elementary, a junior high school and a high school. Three additional elementary schools may be added in response ro the increasing number of families wits school aged children. Parks and Recrea«onal Facilities Several parks dot the area including at least one with recreational facilities. To some degree these ate focal points of community activity. 6. Neighborhood Commercial Retail ac«viry is neazly nonexis[cnt in this semi-rural area. However, a regional shopping center is planned for the area south of Base Line and west of I-15. While regional shopping centers become magnets of major proportions, they are not approp[ate sites for branch libraries since they attract customers from a lazge area outside of the City. Choice of Branch Library Site Lacking a focal point created by a magnet of some son, the Northeast Branch Library would need to occupy a very prominent and easily accessible site. This might be close to the intersec«on of East Avenue and Victoria Avenue which would place it within walking distance of students from the funior High School and the High School. At first glance, another op«on might be to locate the branch on the fringe of the regional shopping center. This, perhaps, might be on Church Street east of I-I5. However, such a location places the library at the extrettte end of the service area, away from most residents. Traffic created by the Regional Shopping Center at Foothill Boulevard and I-IS would he a further handicap. Addi«onal study is needed to determine whether or not a more appropriate location can be found considering rho uI[mate developmen[ of the entire northeastem segment of the City. 27 8. Suggested Library Profile Profiling the Nordteastcm Branch must remain extremely tentadve until funher infcmtadon can be gathered from the census demographics and Planning Depattment projections. Moreover, additional data must be derived from usage figures amassed by the new Central Park Library after it has opened. it is recommended that the planning of any branch in this area be done in conjunction with responsible Fontana and San Bernardino officials to determine how best library services might be extended to this area. This might, for instance, result in a thrrx-way agrament supporting a shared facility of some kind conveniently located for all concerned in the three jurisdictions. The following profile assumes that the primary user group will be restricted to those living in the library service area as described above Substantially larger collections, seating, etc. will be necessary if the Northeast Branch is used even nominally by residents to the east and south. a. Collections. Assuming that the primazy user group numbers about 12,500, the minimum collccdon should number at least 2 volumes of currently useful materials per capita. This would anaunt to a collection of not Icss than 25,000 volumes. b. Hours of Service. Unless usage patterns prove decidedly different, the Northeast Branch should be open six days per week for a total of about 41-52 hours. c. Searing. Using the guideline of 4 seats per 1000 population, the Branch should provided at least fifty user seats exclusive of those used at terminals, microfomt machines and other pieces of equipment d. Staff. A full time equivalent staff of 6.7 will be required along with pages and volunteers. e. Meepng rooms. The Northeast Branch will have meeting room requirements similar to those of the other branches. A storyrime room will be needed as well as a small conference room and a larger community meeting room. The conference room should seat about 15 people while the Community Meepng room should seat up m 75. f. Size of the Library facility. Given the above requtrements, the Northeast Bmnch Library will require a building of 7,500- 10,000 gross square feel If it is intended to serve population outside the Ciry of Rancho Cucamonga, the building capacity will need to be increased. g. Parking and site requirements. A 10,000 squaze foot library will require an additional 15,000 square feet for parking based on l.5 square feet per square foot of building. Landscaping and set- backs will add to this total. A site of at least 1 acre would appear just~ed. 28 RANCHO CUCAMONGA FIRE PROTECTION DISTRIC"I' STAFF REPORT DATE: April 15, 1992 TO: president and Members of the Board of Directors FROM: L. Dennis Michael, Fire Chief SUBJECT: DECLARATION OF RESULTS OF AN ELECTION IN ANNEXED TERRITORY IN MELLO-ROOS COMMUNITY FACILITIES DISTRICT NO. 85-1 (CFD 85-1) RECOMMENDATION Approval of a resolution declaring the favorable results of an election authorizing the levy of a special tax in annexed territory (Foothill Marketplace) within CFD 85-L BACKGROUND On February 19, 1992, the Board of Directors conducted an advertised public hearing regarding annexation of approximately thirty -tour acres of territory into CFD 85-1. Upon concluding the public hearing, (receiving favorable public input from Watison Company) the Board approved two resolutions; (1) declaring the annexation of territory, authorizing the submittal of a special tax levy to the qualified electors and (2) submitting a proposition to levy a special tax to the landowners within the annexed territory. On April 3, 1992, a landowner election was conducted in accordance with the provisions established by the resolution calling for the election. On April 6, 1992, the City Clerk, acting in the capacity of elections official, caused the canvass of election ballot return and thereafter certified election results and statement of votes cast, The attached resolution is the final action required to conclude the annexation proceedings. Exhibit "A" to the resolution states the total number of votes cast for and against the proposition. Landowners voted in favor of the special tax levy proposition; therefore, Annexation No. 92-1 in CFD No. 85-1 is now subject to all special taxing consistent with other properties in CFD No. 85-1 Respectfully submitted, L. Dennis Michael Fire Chief I LDM(rb Attachments J oog RESOI.UI'ION NO. FD 92--� A RESOLUTION OF THE BOARD OF DIRr.�1URS OF THE RANCHO CIICAMONCA FIRE PROTECTION.] DISIRICr, CITY OF RANCHO CJCAMONGA, COUYTY OF SAN BERN.ARDINC, STATE OF CALIFORNIA, DECLARING THE RMOUS OF A "YELLO-RCOS COMINTry FACILITIES ACP OF 1982" SPECIAL TAX AND BOND AVIHORIZA- TION 13:HCPION WHEREAS, the Board of Directors of the Rancho Cucat. rga Fire Protec- tion District has previously declared its intention and held and conducted proceedings relating to the annexation of territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Rcos Comnity Facilities Act of 1987.", being Chapter 2.5. Part 1, Division 2, Title 5 of the C�venm. .t Cede of the State of California, and specifically Article 3.5 thereof. The existing Convnunity Facilities District has been designated as .mJnffA-RODS COMMMITY FACIIITIES DISIRICt NO. 85-1 (hereinafter referred to as the "District'$); and WHEREAS, the area proposed to be annexed is known and designated as MELLO-RODS COMMUNITY FACILITIES DISiRICP NO. 85-1, ANNEXATION NO. 92-1 (here- inafter referred to as the "annexed territory"); and WHEREAS, said legislative body did call for and order to be held an election to submit to the qualified voters of the annexed territory a proposi- tion to levy a special tax in the annexed territory; and WHERFA.S, at this time said election has been held and the manure voted upon did receive the favorable 2/3's vote of the qualified voters, and this legislative body does desire to declare the favorable results of the election in accordance with the authorization of Section 22932 of the Elections Code of the State of California. NOW, 711EREFORE, the Board of Directors of the Panc2ho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative body hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL A14D STATEMENT OF VOTES CAST, as submitted by the Secretary of the Board of Directors, said Statement setting forth the nw,ber of votes cast in the election, the measure voted upon, and the nunber of votes given for and/or against the measure voted upon. A copy of said Certificate and Statement is attached hereto, narked Exhibit "A", referenced and so incorporated. S=12 1-3: That the Secretary is hereby directed to enter in the minutes of this meeting the results of the election and the STATIMETr OF VOTES CAST. 21 Resolution No. FO 92-*** Page 2 SECTION 4: That this legislative body does hereby further determine that the area subject to the annexation is now added to and becomes a part of the existing Distract, and this legislative body may now levy the authorized special taxes within the annexed area as said taxes are specified within the Resolution of Intention to annex property. SECTION 5: That immediately upon adoption of this Resolution, the PI'1fNL4+= TO THE NOTICE OF SPECIAL TAX MEN (NOTICE OF &WMTION) shall be recorded in the Office of the County Recorder. Z 2-