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2014/01/15 - Agenda Packet
city of 1 1 . , - 1 , . � � �. GA ____ 10500 Civic Center Drive Rancho Cucamonga, CA 91730-3801 City Office: (909)477-2700 AGENDAS FIRE PROTECTION BO PUBLIC FINANCING AUTHORITY ARD CITY COUNCIL REGULAR MEETINGS 1st and 3rd Wednesdays 7:00 P.M. JANUARY 15, 2014 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo " F. COUNCIL MEMBERS William Alexander ,....,_ Marc Steinorth s F Diane Williams S .!x Y$ ¢� X46 �w��...� � � 1 %, �•� 3 % z CITY MANAGER John R. Gillison a- I �A x "k CITY ATTORNEY James L. Markman •; CITY CLERK Janice C. Reynolds '` h��a 'a,` .; 'I.. Ce INFORMATION FOR THE PUBLIC .-ack HO aCAMONGA TO ADDRESS THE FIRE BOARD, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL The Fire Board, Public Financing Authority,Successor Agency and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda,please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others,the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Public Financing Authority,Successor Agency and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Public Financing Authority, Successor Agency or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period,all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any other"Public Communications"which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an"Advertised Public Hearing"or on an"Administrative Hearing"Item(s),your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Public Financing Authority, Successor Agency and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhal!/council/videos.aspfor those with Hi-bandwidth (DSUCable Modem)or Low-bandwidth (Dial-up) Internet service. The Fire Board,Public Financing Authority,Successor Agency and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m.in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board, Public Financing Authority,Successor Agency and City Council. Copies of the agendas and minutes can be found @ www.citvofrc.us IIIf you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, ee•, PUBLIC FINANCING AUTHORITY AND 1 •• CITY COUNCIL AGENDA JANUARY 15, 2014 A. 5:00 P.M. — CLOSED SESSION CALL TO ORDER — TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I 1 D. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM J D1. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP, THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 2274, THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP— CITY, FIRE D2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PUPSUANT TO GOVERNMENT CODE SECTION 54956.8 REGARDING REAL PROPERTY LOCATED AT 8846 SAN BERNARDINO ROAD AND 7948 VINEYARD AVENUE, NORTH SIDE OF SAN BERNARDINO ROAD, WEST OF VINEYARD, IDENTIFIED AS PARCEL NUMBERS 0207-101-48 AND 0207-091-56, 57. NEGOTIATING PARTIES: PAMELA J. PANE, MANAGEMENT ANALYST II AND KIRSTEN R. BOWMAN, ESQ. ON BEHALF OF THE DISTRICT AND CHYI CHEN HONG AND JOHNSON HONG OF HOME AND LAND, LLC. UNDER NEGOTIATION: ACCEPTANCE OF OFFER — FIRE E. CITY MANAGER ANNOUNCEMENTS F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, ' • PUBLIC FINANCING AUTHORITY AND 2 •L CITY COUNCIL AGENDA• awl()01CAMON6 A JANUARY 15, 2014 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern S a nolo Y P 9 Council Members Alexander, Steinorth and Williams H. ANNOUNCEMENTS/PRESENTATIONS H1. Administration of Oaths of Office to newly re-appointed Rancho Cucamonga Community & Arts Foundation Board Member Bryan Snyder and newly re-appointed Park and Recreation Commissioners Bill Pallotto and Janet Ryerson. H2. Etiwanda Pacific Electric Depot Announcement: 100'h Anniversary Event. P rY I. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. FIRE PROTECTION DISTRICT, • PUBLIC FINANCING AUTHORITY AND 3 CITY COUNCIL AGENDA ..A gal[OGJCAMONGn JANUARY 15, 2014 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: December 18, 2013 (Regular Meeting) --- January 1, 2014 (Cancelled) --- J2. Approval of Check Register dated December 11, 2013 through December 17, 2013 for the 1 total of $43,504.85. J3. Approval of Check Register dated December 18, 2013 through January 7, 2014 for the total 4 of$1,181,798.17. J4. Approval to receive and file current Investment Schedule as of December 31, 2013. 7 J5. Approval of a contract with HdLCC for fiscal consulting services associated with the 12 proposed refunding of the outstanding 1999, 2001, and 2004 Redevelopment Tax Allocation Bonds, in the amount of $20,500, with a 10% contingency ($2,050), to be funded from Account No. 3281501-5300. J6. Approval of plans, specifications and estimates and to authorize the advertising of the 13 "Notice Inviting Bids" for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility, to be funded from Account No. 3288501-5602. RESOLUTION NO. FD 14-001 18 A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD APPROVING PLANS AND SPECIFICATIONS FOR THE CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175) AND THE FIRE MAINTENANCE FACILITY IN THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS J7. Approve and authorize a Professional Services Agreement (CO. 14-001) with ASSI 22 Security to install access controls at various Fire Stations in the amount of $118,250 (plus $11,750 contingency); and, approval to increase the annual service contract (CO 12-071) in an amount not to exceed $100,000 annually for the maintenance and repair of access controls and related security services for the existing City facilities as well as the additional scope of work to include the Fire facilities, the new Public Works Services Center, and Household Hazardous Waste Facility to be funded from various General Fund and Fire District accounts as approved in the Fiscal Year 2013-2014 budget. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND • 4 • ::• CITY COUNCIL AGENDA .lAt:'fi0alCAMONGA JANUARY 15, 2014 CONSENT CALENDAR - SUCCESSOR AGENCY I K1. Adoption of Resolution No. 14-006 to approve and transmit to the Oversight Board an 23 amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5. RESOLUTION NO. 14-006 25 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY APPROVING AN AMENDED LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH L. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY I L1. Approval of Minutes: December 18, 2013 (Regular Meeting) --- January 1, 2014 (Cancelled) --- IM. CONSENT CALENDAR - CITY COUNCIL I Ml. Approval of Minutes: December 18, 2013 (Regular Meeting) January 1, 2014 (Cancelled) M2. Approval of Check Register dated December 11, 2013 through December 17, 2013 and 47 payroll ending December 17, 2013 for the total of$2,103,964.34. M3. Approval of Check Register dated December 18, 2013 through January 7, 2014 and payroll 63 ending January 7, 2014 for the total of$2,788,093.91. M4. Approval to receive and file current Investment Schedule as of December 31, 2013. 91 M5. Accept the Central Park Carpeting project, Contract No. 13-145 as complete, release the 99 bonds, accept a maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$93,444.60. RESOLUTION NO. 14-001 101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CENTRAL PARK CARPETING PROJECT, CONTRACT NO. 13-145 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK M6. Release of Maintenance Guarantee Bond No. M5139351 in the amount of $22,609.66, for 102 the Freedom Courtyard project, Contract No. 12-061. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 5 • ';• CITY COUNCIL AGENDA UCAMk_,ucn JANUARY 1552014 M7. Approval to utilize a Competitively Bid Cooperative Agreement for Janitorial Supplies, 103 awarded to Network Services to be funded from various citywide accounts, in accordance with the adopted budget. M8. Approve and authorize a Professional Services Agreement (CO. 14-001) with ASSI 104 Security to install access controls at various Fire Stations in the amount of $118,250 (plus $11,750 contingency); and, approval to increase the annual service contract (CO 12-071) in an amount not to exceed $100,000 annually for the maintenance and repair of access controls and related security services for the existing City facilities as well as the additional scope of work to include the Fire facilities, the new Public Works Services Center, and Household Hazardous Waste Facility to be funded from various General Fund and Fire District accounts as approved in the Fiscal Year 2013-2014 budget. M9. Approval for an expenditure in the amount of $80,320 to Econolite Control Products, Inc., 105 for the installation, configuration, integration, training, and testing of Centracs software and related hardware for the Traffic Management Center Upgrade Project Citywide, to be funded from Transportation Fund, Account No. 11243035650/1831124-0. N. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. N1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2012- 107 01036 — 2013 HOUSING ELEMENT UPDATE — CITY OF RANCHO CUCAMONGA — An update of the City's Housing Element in accordance with Article 10.6, Section 65580- 65589.8 of the California Government Code. Staff has prepared a Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 14-002 316 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2012-01036, TO REVISE AND UPDATE THE HOUSING ELEMENT IN ACCORDANCE WITH ARTICLE 10.6, SECTIONS 65580 TO 65589.8, OF THE CALIFORNIA GOVERNMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. N2. Proposed fee amendments for the Community Services Department and Community 319 Development amending Resolution No. 12-196. RESOLUTION NO. 14-003 322 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE FOR APPLICABLE TO COMMUNITY DEVELOPMENT AND OTHER VARIOUS MUNICIPAL SERVICES, AMENDING RESOLUTION NO. 12- 196. FIRE PROTECTION DISTRICT, • PUBLIC FINANCING AUTHORITY AND 6 t; ,::; CITY COUNCIL AGENDA JANUARY 15, 2014 0. CITY MANAGER'S STAFF REPORT CITY & SUCCESSOR AGENCY IF The following items have no legal publication or posting requirements. 01. Accept the bids received and award and authorize the execution of the contract in the 341 amount of $133,230, to the lowest responsive bidder, Golden State Constructors Inc., and authorize the expenditure of a 10% contingency in the amount of $13,323, for the Sidewalk Improvements at 9th Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street to be funded from Safe Route to School Grant Funds and Citywide Infrastructure Funds, Account Nos. 1234303-5650/1856234-0 and 1198303- 5650/1856198-0, respectively. - City 02. Recap of Design and Sign Tour DRC2013-01029. - City 343 03. Award of contract to Strategic Economics, Inc. in the amount of $126,000.00 for an update 349 to the City's Economic Development Strategic Plan to be funded from Account No. 1001301-5300. City 04. Approval of a Resolution requesting the Oversight Board to direct the Successor Agency to 357 undertake proceedings for the refunding of the Rancho Cucamonga Redevelopment Agency 1999, 2001, and 2004 Tax Allocation Bonds. - Successor Agency RESOLUTION NO. 14-004 359 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY REQUESTING DIRECTION TO UNDERTAKE PROCEEDINGS FOR THE REFUNDING OF OUTSTANDING BONDS OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND PROVIDING OTHER MATTERS RELATING THERETO 05. Approval of a Resolution authorizing the issuance of Bonds for Community Facilities District 362 No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 in an aggregate principal amount not to exceed $37,000,000 and the defeasance and refunding of prior Special Tax Bonds. - City RESOLUTION NO. 14-005 364 A RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO CUCAMONGA AUTHORIZING THE ISSUANCE OF BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) DESIGNATED SPECIAL TAX REFUNDING BONDS, SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $37,000,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT ISSUED THEREOF, APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AUTHORIZING THE DIRECT SALE OF THE BONDS AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS FIRE PROTECTION DISTRICT, •Y,•••, PUBLIC FINANCING AUTHORITY AND 7 ••_•• CITY COUNCIL AGENDA t IOC CAMONi;A JANUARY 15, 2014 lP. COUNCIL BUSINESS IJ The following items have been requested by the City Council for discussion. P1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) P2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Q. IDENTIFICATION OF ITEMS FOR NEXT MEETING I R. ADJOURNMENT I I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 9, 2014, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. December 18, 2013 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION, SPECIAL AND REGULAR MEETINGS MINUTES IA. CALL TO ORDER I The Rancho Cucamonga City Council and Fire Protection District held a closed session on Wednesday, November 20, 2013 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council/Fire Protection District Members: Bill Alexander, Diane Williams, Marc Steinorth, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; City Attorney James Markman; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development and Lori Sassoon, Deputy City Manager/Administrative Services. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONFERENCE WITH LABOR NEGOTIATOR LORI SASSOON PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, THE MID-MANAGER, SUPERVISORY/PROFESSIONAL GROUP, THE GENERAL LABOR GROUP, THE EXECUTIVE MANAGEMENT EMPLOYEES, THE RANCHO CUCAMONGA FIREFIGHTER ASSOCIATION LOCAL 2274, THE FIRE SUPPORT GROUP AND THE FIRE MANAGEMENT GROUP— CITY, FIRE IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No persons were present wishing to speak. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY BOARD AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The closed session recessed at 6:15 p.m. with no action taken. * DRAFT * December 18, 2013 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 1 of 7 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Board Members/Board Members/Council Members: Bill Alexander, Marc Steinorth, Diane Williams, Vice PresidentNice Chairman/Mayor Pro Tern Sam Spagnolo and President/Chairman/Mayor L. Dennis Michael. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Bill Wittkopf, Public Works Services Director; Robert Karatsu, Library Director; Veronica Fincher, Animal Care and Services Director; Trang Huynh, Building & Safety Services Director; Candyce Burnett, Planning Manager; Mark Steuer, Engineering Director; Nettie Nielsen, Community Services Director; Police Chief Tony Onodera; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS H1. Holiday singing performance by Silver Chorale from the James L. Brulte Senior Center at Central Park. Members of the Silver Chorale sang for the City Council and members of the audience. H2. 2013 Sheriff's Lifesaving Award Recipients. Mayor Michael presented certificates of achievement to the 2013 Sheriff's Lifesaving Award recipients. H3. Presentation by the Inland Empire Utilities Agency. Rebecca Long, External Affairs Manager, and Andy Campbell, Groundwater Recharge Coordinator,from the Inland Empire Utilities Agency provided an update to the City Council and audience regarding the medfly concerns and the Chino Basin Recycled Water Groundwater Recharge Program. H4. Etiwanda Pacific Electric Depot Announcement: Scheduled Site Cleanup and 100th Anniversary Event. Tom Grahn, Associate Planner, and Victoria Jones, with the Friends of the Pacific Electric Trail announced a site cleanup and 100th anniversary event on January 11, 2014 from 10.00 a.m. to noon. I. PUBLIC COMMUNICATIONS I 11. Upland City Council Member Gino Filippi expressed his condolences to Mayor Michael on the passing of his father. 12. Janet Walton offered a prayer for the City Council and the audience. 13. Michael Richardson expressed concerns with the traffic on East Avenue and Banyon Street, noting that once bussing stopped at the schools, traffic has become a nightmare. * DRAFT * December 18, 2013 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 2 of 7 14. Nanette To stated that Ashlyn Gardner lost her life in a crosswalk. She noted that additional crossing guards are needed and the sidewalks/roads need to be improved. Mrs. To stated that this is a very large District and the kids come from all over. Also, she noted that these two schools are next to each other. 15. Daniel To commented that there is a large number of kids that are discharged from these two schools. He noted that there is only one way for the traffic to flow and stated that emergency vehicles get caught in the traffic as it is so congested. 16. James Loye indicated that the traffic at East Avenue and Banyon Street is very chaotic. He stated that people drive recklessly and that some people drive over the grape fields to get their children to school. 17. Rick Creed spoke about the Armed Forces Banner Program and the fundraising that is being done in order to replace the banners. 18. Michael Jones indicated that the traffic was not bad when the buses were there. The residents are urging the District to bring back the buses. In the meantime, he stated that additional crossing guards are needed, that the lights need to be taken off yield and that a left turn only arrow is needed. 19. Tressy Capps stated that Ashlyn's death was avoidable and could have been prevented. She has started an on-line petition to bring back the buses at www.bringbackbus.com. 110. John Lyons reported that his house caught on fire last week and thanked the Police and Fire Departments for their quick responses. 111. Ondra Gilberton spoke about the wall chart that is prepared by the Animal Care and Services Center and posted each Monday. She noted that it took years working with management to get the chart listed in alphabetical order. Now there are new rules and she indicated that the chart needs to be kept up-to-date for it to work. 112. Dana Keithly appreciated that volunteers are being allowed back in the Center during the holidays. She compared the City's public relations efforts to SeaWorld's portrayal in the movie, Blackfish. 113. Susan Keithly hoped that the recent adoption event was successful. She indicated that the City never chose to meet with the dismissed volunteers and the Council will not listen. Therefore, it is her hope to educate the residents. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT J1. Approval of Minutes: December 4, 2013 (Regular Meeting) J2. Approval of Check Register dated November 26, 2013 through December 10, 2013 for the total of $216,956.81. J3. Approval to receive and file current Investment Schedule as of October 31, 2013 and November 30, 2013. * DRAFT * December 18, 20131 Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga 1 City Council Minutes 1 Page 3 of 7 J4. Authorization to award the purchase of one (1) one-ton stake bed truck, as budgeted, for the Fire Protection District, from Frontier Ford of Santa Clara, CA, in the amount of$64,918.50, per RFB #13/14-007, from Fund 3288501-5604 (Capital Outlay-Vehicles); and approve an appropriation in the amount of $4,920.00 from Fire District Capital Reserves to Account No. 3288501-5604 to fund the above noted purchase. J5. Approval of a Resolution adopting Fiscal Year 2013/14 salary schedules for Fire District job classifications. RESOLUTION NO. FD 13-040 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2013/14. J6. Authorization to award a contract to HMC Architects, (CO# FD 13-019) in accordance with RFP #13/14-102, for phase one of Architectural Design Services for the Rancho Cucamonga Fire District Training Center, in the amount of $25,360.00, and approve a ten (10) percent contingency in the amount of$2,560.00 to be funded from Account No. 3288501-5650/1735288- 6311 (Capital Project—Training Facility). MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff reports. Motion carried 5-0. K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: December 4, 2013 (Regular Meeting) MOTION: Moved by Williams, seconded by Alexander, to approve the minutes. Motion carried 5-0. L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: December 4, 2013 (Regular Meeting) L2. Approval of Check Register dated November 26, 2013 through December 10, 2013 and payroll ending December 10, 2013 for the total of $3,139,088.72. L3. Approval to receive and file current Investment Schedule as of October 31, 2013 and November 30, 2013. L4. PUBLIC CONVENIENCE OR NECESSITY DRC2013-00922 - ADEEB HATTAR: A request for a public convenience or necessity to permit the operation of a convenience/liquor store with a Type 21 Off-Sale General License in an existing tenant space of 3,150 square feet within an existing shopping center of 340,000 square feet (7.8 acres) in the Neighborhood Commercial (NC) District located at the northeast corner of Base Line Road and Carnelian Street; APN: 0202-381-28. Related file: Conditional Use Permit DRC2013-00698. This action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 - Existing Facilities_ * DRAFT * December 18, 2013 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 4 of 7 RESOLUTION NO. 13-204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY DRC2013-00922 - ADEEB HATTAR: A REQUEST FOR A PUBLIC CONVENIENCE OR NECESSITY TO PERMIT THE OPERATION OF A CONVENIENCE/LIQUOR STORE WITH A TYPE 21 OFF-SALE GENERAL LICENSE IN AN EXISTING TENANT SPACE OF 3,150 SQUARE FEET WITHIN AN EXISTING SHOPPING CENTER OF 340,000 SQUARE FEET (7.8 ACRES) IN THE NEIGHBORHOOD COMMERCIAL (NC) DISTRICT LOCATED AT THE NORTHEAST CORNER OF BASE LINE ROAD AND CARNELIAN AVENUE; APN: 0202-381-28. L5. Approval to accept grant revenue in the amount of $37,562.00 awarded by the California Emergency Management Agency (FY2013 Emergency Management Performance Grant), and administered by the San Bernardino County Fire Department, Office of Emergency Services to the City of Rancho Cucamonga into Account 1380000-4740 (Grant Income) for the purpose of Emergency Management planning activities. L6. Approval of a Resolution adopting Fiscal Year 2013/14 salary schedules for City job classifications. RESOLUTION NO. 13-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE SALARY SCHEDULES FOR FISCAL YEAR 2013/14, INCLUDING CITY COUNCIL BENEFITS. L7. Accept the bids received and award and authorize the execution of the contract, including the additive bid item, in the amount of$83,705.00,to the lowest responsive bidder, RSB Group Inc., and authorize the expenditure of a 10% contingency in the amount of $8,370.50, for the Left Turn Pocket Extension on Haven Avenue at the intersection of Valencia Avenue to be funded from Transportation Fund, Account No. 1124303-5650/1841124-0 and appropriate $18,100.00 to Account No. 1124303-5650/1841124-0 from Transportation fund balance. L8. Release of Maintenance Guarantee Bond No. 0472455 in the amount of $80,987.59, for the traffic signals at three locations and signal interconnect system on Foothill Boulevard from Haven Avenue to Day Creek Boulevard, Contract No. 11-073. L9. Request to establish a Full Time Public Works Inspector I position (Temporary) and a Part Time Public Works Inspector I (Temporary/Seasonal) position in the Engineering Services Department and authorize the appropriation of funding for both positions as detailed in the staff report. MOTION: Moved by Spagnolo, seconded by Williams,to approve the staff recommendations in the staff reports. Motion carried 5-0. M. CITY MANAGER'S STAFF REPORT I The following items have no legal publication or posting requirements. M1. 2013 Year in Review— City Recognitions. (Oral Report) Michael Parmer, Management Analyst, presented information on the accomplishments in 2013. * DRAFT * December 18, 2013 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 5 of 7 M2. Review and approval of the Adopt RC Program Policy and Procedures. Donna Finch, Management Analyst I, presented the staff report. Council Member Alexander appreciated Ms. Finch's hard work on this program. He hadn't recalled this goal and confirmed from Ms. Finch that volunteers and donors would receive the same kind of recognition. Council Member Alexander noted that the City's recognition of volunteers has not always been timely and felt that the community supported recognition for the right reasons. He noted that it is not a good time for the City to solicit money from the community. Council Member Williams recalled several conversations about establishing this type of program. She did not envision a large marketing campaign. This program will be presented to the community in the event that they would like to help.Council Member Williams supported earmarking the funds to specific projects rather than placing it in the General Fund. Council Member Steinorth agreed that if a specific request is made it should be honored. Allowing the contribution to be placed in the General Fund provides more flexibility to the City to allocate resources when needed. Mayor Pro Tem Spagnolo thanked Ms. Finch for her hard work. He concurred with supporting the wishes of the donor. Mayor Michael concurred, noting that it is a good program. In response to Mayor Michael, Ms. Finch confirmed that there would be opportunities for program adjustments. MOTION: Moved by Spagnolo,seconded by Williams,to approve the staff recommendation in the staff reports. Motion carried 5-0. M3. Update on Wilson Avenue Extension Project. (Oral Report) Mark Steuer, Director of Engineering Services and Jason Welday,Traffic Engineer, presented the staff report. . N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. N1. UPDATE ON THE APPLICATION PROCESS FOR HISTORIC PRESERVATION/PLANNING COMMISSION Mayor Michael suggested that the City Council interview all 11 applicants on January 13, 2014. He would narrow the field down based on the interviews and then present the finalists to the City Council who could hold a second interview at a later date. Council Member Steinorth inquired about the late applicant. Discussion was held regarding what time the application was received, when the notices were placed in the newspapers, etc. MOTION: Moved by Steinorth, seconded by Alexander to interview the 12'h applicant. Mayor Pro Tern Spagnolo indicated the importance of following the deadline. Council Member Williams concurred. After discussion, Council Member Steinorth withdrew the motion. * DRAFT * December 18, 2013 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 6 of 7 Mayor Michael noted that sample interview questions had been provided. He suggested that the Council take time at the start of the meeting on January 13, 2014 to finalize the questions. The Council concurred. P2. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) P3. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Williams reported that the Local Agency Formation Commission meeting was cancelled. She thanked the organizers and participants of the HO HO parade. Mayor Pro Tern Spagnolo indicated that the participants at the VTrans meeting today reviewed the also extended appreciation for the HO HO parade. formation of a new maintenance facility. He a pp p Mayor Michael reported that he attended the San Bernardino Association of Governments meeting last week where the light rail extension was discussed. Mayor Michael wished everyone a Merry Christmas and indicated that the next meeting will be on January 15, 2014. 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. P. ADJOURNMENT The meeting was adjourned at 9:38 p.m. in the memory of Lloyd W. Michael. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * * DRAFT * December 18, 2013 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 7 of 7 January 1, 2014 CITY OF RANCHO CUCAMONGA FIRE PROTECTION DISTRICT MINUTES CITY COUNCIL MINUTES Regular Meetings A. CALL TO ORDER I The regular meetings of the Rancho Cucamonga Fire Protection District and City Council were cancelled. All items of business for these agendas were rescheduled for the January 15, 2014 regular meetings. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * * * * * Fire Protection District, Financing Authority, City Council Minutes Regular Meetings—CANCELLED—January 2, 2013—Page 1 of 1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342742 2013/12/11 ( FLEET SERVICES INC. 86.44 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 27.64 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 22.00 AP 00342811 2013/12/11 ( QUALITY TRUCK ELECTRIC INC 80.19 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 423.09 AP 00342897 2013/12/121 LN CURTIS AND SONS 79.38 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 56.40 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 20.41 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 15.37 AP 00342788 2013/12/1 l 1 MK AUTO DETAIL SHOP _ 140.00 AP 00342797 2013/12/11 ( NINYO& MOORE 2,809.50 AP 00342839 2013/12/11 1 SMART AND FINAL 59.91 AP 00342840 2013/12/11 1 SO CALIF GAS COMPANY 94.14 AP 00342856 2013/12/11 ( TERMINIX PROCESSING CENTER 37.00 AP 00342856 2013/12/11 ( TERMINIX PROCESSING CENTER 81.00 AP 00342901 2013/12/12 l UNIFIRST UNIFORM SERVICE 50.22 AP 00342897 2013/12/121 LN CURTIS AND SONS 9.72 AP 00342897 2013/12/121 LN CURTIS AND SONS 527.04 AP 00342829 2013/12/11 ( SC FUELS 585.89 AP 00342849 2013/12/11 ( STATE FIRE TRAINING 65.00 AP 00342856 2013/12/11 l TERMINIX PROCESSING CENTER 37.00 AP 00342874 2013/12/11 ( WAXIE SANITARY SUPPLY 28.53 AP 00342897 2013/12/121 LN CURTIS AND SONS 1,401.84 AP 00342705 2013/12/11 ( CARQUEST AUTO PARTS 70.24 AP 00342749 2013/12/11 ( GOOD YEAR WHOLESALE 193.38 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 21.48 AP 00342874 2013/12/11 1 WAXIE SANITARY SUPPLY 85.59 AP 00342901 2013/12/121 UNIFIRST UNIFORM SERVICE 65.14 AP 00342901 2013/12/121 UNIFIRST UNIFORM SERVICE 28.10 AP 00342686 2013/12/11 ( AYANTRA INC. 1,536.00 AP 00342719 2013/12/11 1 CREATIVE MANAGEMENT SOLUTIONS INC 1,072.50 AP 00342742 2013/12/11 1 FLEET SERVICES INC. -35.92 AP 00342779 2013/12/11 I LOWES COMPANIES INC. 147.14 AP 00342796 2013/12/111 NEXTEL 162.97 AP 00342802 2013/12/11 l OLSON, BUZZ 60.00 Ap 00342854 2013/12/11 1 SUN BADGE CO 133.11 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 2.18 AP 00342779 2013/12/11 I LOWES COMPANIES INC. 58.10 AP 00342763 2013/12/11 ( ICC 50.00 AP 00342856 2013/12/11 ( TERMINIX PROCESSING CENTER 73.00 AP 00342705 2013/12/111 CARQUEST AUTO PARTS 29.25 AP 00342719 2013/12/11 ( CREATIVE MANAGEMENT SOLUTIONS INC 1,560.00 AP 00342749 2013/12/11 ( GOOD YEAR WHOLESALE 392.63 Ap 00342761 2013/12/11 l HOYT LUMBER CO.,SM 23.84 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 500.55 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342886 2013/12/12( CITRUS MOTORS ONTARIO INC 130.60 AP 00342889 2013/12/121 DUNN EDWARDS CORPORATION 49.94 AP 00342874 2013/12/11 1 WAXIE SANITARY SUPPLY 638.25 AP 00342874 2013/12/11 l WAXIE SANITARY SUPPLY 85.59 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 716.34 AP 00342897 2013/12/12 l LN CURTIS AND SONS 85.32 AP 00342829 2013/12/11 ( SC FUELS 1,028.15 AP 00342874 2013/12/11 1 WAXIE SANITARY SUPPLY 212.76 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 60.86 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 28.58 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 60.28 AP 00342737 2013/12/11 ( EMS LABORATORIES 25.00 AP 00342742 2013/12/11 1 FLEET SERVICES INC. -72.93 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 117.86 AP 00342839 2013/12/11 ( SMART AND FINAL 137.64 AP 00342854 2013/12/11 l SUN BADGE CO 88.29 AP 00342742 2013/12/11 ( FLEET SERVICES INC. 175.51 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 85.43 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 146.10 AP 00342847 2013/12/11 l STAPLETON,JOSHUA 50.00 AP 00342856 2013/12/11 ( TERMINIX PROCESSING CENTER 65.00 AP 00342886 2013/12/121 CITRUS MOTORS ONTARIO INC 64.32 AP 00342895 2013/12/121 INTERSTATE BATTERIES 66.33 AP 00342897 2013/12/12( LN CURTIS AND SONS 89.64 AP 00342761 2013/12/11 ( HOYT LUMBER CO., SM 37.69 AP 00342811 2013/12/11 ( QUALITY TRUCK ELECTRIC INC 162.81 Ap 00342828 2013/12/11 ( SBSD EVOC TRAINING CENTER 1,600.00 AP 00342829 2013/12/II 1 SC FUELS 1,150.05 AP 00342870 2013/12/11 ( VERIZON CALIFORNIA 20.14 AP 00342874 2013/12/11 ( WAXIE SANITARY SUPPLY 23.44 AP 00342886 2013/12/12( CITRUS MOTORS ONTARIO INC 112.80 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 30.78 AP 00342705 2013/12/11 ( CARQUEST AUTO PARTS 116.99 AP 00342711 2013/12/11 l CHARTER COMMUNICATIONS 707.17 AP 00342761 2013/12/11 ( HOYT LUMBER CO.,SM 27.29 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 26.79 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 29.37 AP 00342889 2013/12/121 DUNN EDWARDS CORPORATION 44.56 AP 00342874 2013/12/111 WAXIE SANITARY SUPPLY 638.25 AP 00342881 2013/12/11 ( ZBINDEN,JONATHAN 260.00 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 649.66 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 71.56 AP 00342901 2013/12/121 UNIFIRST UNIFORM SERVICE 56.99 AP 00342742 2013/12/11 ( FLEET SERVICES INC. 97.77 AP 00342742 2013/12/11 ( FLEET SERVICES INC. 48.15 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 25.54 AP 00342781 2013/12/11 ( MARIPOSA HORTICULTURAL ENT INC 1,968.00 AP 00342822 2013/12/11 I ROBERTS,CHERYL L 97.91 AP 00342837 2013/12/11 I SILVERADO AVIONICS INC. 11,029.64 AP 00342895 2013/12/121 INTERSTATE BATTERIES 134.67 AP 00342897 2013/12/12( LN CURTIS AND SONS 246.24 AP 00342897 2013/12/12 l LN CURTIS AND SONS 276.48 AP 00342829 2013/12/11 l SC FUELS 1,189.52 AP 00342829 2013/12/11 I SC FUELS 566.44 AP 00342874 2013/12/11 I WAXIE SANITARY SUPPLY 7.81 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 378.43 AP 00342897 2013/12/12( LN CURTIS AND SONS 793.80 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 55.34 Ap 00342779 2013/12/11 l LOWES COMPANIES INC. 63.35 AP 00342828 2013/12/11 I SBSD EVOC TRAINING CENTER 1,000.00 AP 00342839 2013/12/11 I SMART AND FINAL 99.85 AP 00342856 2013/12/11 I TERM INIX PROCESSING CENTER 75.00 AP 00342870 2013/12/11 I VERIZON CALIFORNIA 535.02 AP 00342886 2013/12/12( CITRUS MOTORS ONTARIO INC 229.03 AP 00342711 2013/12/11 ( CHARTER COMMUNICATIONS 715.75 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 15.42 AP 00342779 2013/12/11 I LOWES COMPANIES INC. 15.69 AP 00342874 2013/12/11 I WAXIE SANITARY SUPPLY 23.44 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 92.97 EP 00003901 2013/12/12( KME FIRE APPARATUS 62.83 EP 00003901 2013/12/12 ( KME FIRE APPARATUS 445.55 EP 00003901 2013/12/12( KME FIRE APPARATUS 127.57 EP 00003901 2013/12/121 KME FIRE APPARATUS 219.45 Total for Entity: 43,504.85 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 12/18/2013 through 1/7/2014 Check No. Check Date Vendor Name Amoum AP 00343167 2013/12/19( KILMER, STEPHEN 1,289.65 AP 00343012 2013/12/18 ( LAIRD CONSTRUCTION CO 5,611.06 AP 00343076 2013/12/18 I RICHARDS WATSON AND GERSHON 2,150.00 AP 00343021 2013/12/181 MARIPOSA HORTICULTURAL ENT INC 413.99 AP 00343176 2013/12/191 INTERSTATE BATTERIES 71.44 AP 00343177 2013/12/191 KME FIRE APPARATUS 445.55 AP 00343076 2013/12/181 RICHARDS WATSON AND GERSHON 1,407.00 AP 00343176 2013/12/191 INTERSTATE BATTERIES 176.01 AP 00342984 2013/12/18 I GOLDEN STATE RISK MANAGEMENT AUTHORL 1,127.00 AP 00342921 2013/12/181 BOUND TREE MEDICAL LLC. 505.85 AP 00343190 2013/12/19( UNIFIRST UNIFORM SERVICE 31.97 AP 00343156 2013/12/18 I WAXIE SANITARY SUPPLY 126.41 AP 00343137 2013/12/18( VERIZON CALIFORNIA 82.15 AP 00343137 2013/12/18( VERIZON CALIFORNIA 553.99 AP 00343173 2013/12/19( CITRUS MOTORS ONTARIO INC 376.91 AP 00343176 2013/12/19( INTERSTATE BATTERIES 51.59 AP 00342999 2013/12/18( HOLLOWAY, DAN 130.00 AP 00343156 2013/12/18( WAXIE SANITARY SUPPLY 379.23 AP 00343137 2013/12/18 ( VERIZON CALIFORNIA 201.97 AP 00343174 2013/12/19( EMCOR SERVICE 5,992.00 AP 00343137 2013/12/181 VERIZON CALIFORNIA 51.36 AP 00343190 2013/12/19( UNIFIRST UNIFORM SERVICE 55.02 AP 00343162 2013/12/18 ( WLC 16,474.84 AP 00343177 2013/12/19( KME FIRE APPARATUS 127.57 AP 00343021 2013/12/18 ( MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP 00343021 2013/12/18 ( MARIPOSA HORTICULTURAL ENT INC 3,432.20 AP 00343179 2013/12/19( LN CURTIS AND SONS 130.80 AP 00343177 2013/12/191 KME FIRE APPARATUS 444.96 AP 00342921 2013/12/18 I BOUND TREE MEDICAL LLC. 89.82 AP 00343168 2013/12/191 WALKER, KENNETH 208.36 AP 00343177 2013/12/191 KME FIRE APPARATUS 219.45 AP 00342978 2013/12/18 I FRANKLIN TRUCK PARTS 352.66 AP 00343173 2013/12/19( CITRUS MOTORS ONTARIO INC 765,24 AP 00343137 2013/12/18( VERIZON CALIFORNIA 46.22 AP 00343137 2013/12/18( VERIZON CALIFORNIA 44.82 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00343076 2013/12/18 ( RICHARDS WATSON AND GERSHON 2,608.72 AP 00343094 2013/12/18 ( SMART AND FINAL 91.76 AP 00343144 2013/12/18 ( VERIZON WIRELESS- LA 1,935.45 AP 00343021 2013/12/181 MARIPOSA HORTICULTURAL ENT INC 756.74 AP 00343021 2013/12/181 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP 00343091 2013/12/181 SIGMANET 4,013.00 AP 00343154 2013/12/181 WALTERS WHOLESALE ELECTRIC CO 133.66 AR 00343177 2013/12/191 KME FIRE APPARATUS 62.83 AP 00342978 2013/12/181 FRANKLIN TRUCK PARTS 716.02 User: VLOPEZ- VERONICA LOPEZ Page: I Current Date: 01/08/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 17:0 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT p5 Agenda Check Register 12/18/2013 through 1/7/2014 Check No. Check Date Vendor Name Amouni AP 00343156 2013/12/18 l WAXIE SANITARY SUPPLY 379.23 AP 00343137 2013/12/18 ( VERIZON CALIFORNIA 125.34 AP 00343190 2013/12/191 UNIFIRST UNIFORM SERVICE 58.03 AP 00342986 2013/12/181 GRAINGER 1,377.28 AP 00343162 2013/12/181 WLC 1,186.54 AP 00343137 2013/12/18 I VERIZON CALIFORNIA 477.15 AP 00343137 2013/12/181 VERIZON CALIFORNIA 177.07 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 773.10 AP 00343190 2013/12/19( UNIFIRST UNIFORM SERVICE 52.40 AP 00343176 2013/12/19( INTERSTATE BATTERIES 86.69 AP 00342934 2013/12/18( CAPITAL ONE COMMERCIAL 562.30 EP 00003922 2013/12/19( CRANE, RALPH 1,353.64 EP 00003936 2013/12/19( MACKALL, BENJAMIN 175.97 EP 00003951 2013/12/19( SALISBURY,THOMAS 249.48 EP 00003924 2013/12/19( DAGUE,JAMES 1,130.18 EP 00003949 2013/12/19( PROULX, PATRICK 1,504.93 EP 00003912 2013/12/19( BANTAU, VICTORIA 392.46 EP 00003920 2013/12/19( COX, FAYE 175.97 EP 00003935 2013/12/19( LUTTRULL, DARRELL 717.76 EP 00003948 2013/12/191 POST, MICHAEL R 1,717.64 EP 00003912 2013/12/191 BANTAU, VICTORIA 440.49 EP 00003930 2013/12/191 INTERLICCHIA,ROSALYN 753.82 EP 00003939 2013/12/191 MCMILLEN, LINDA 457.14 EP 00003954 2013/12/191 SPAIN, WILLIAM 717.76 EP 00003905 2013/12/181 KME FIRE APPARATUS 1,068,331.52 EP 00003911 2013/12/191 ALMAND, LLOYD 535.72 EP 00003923 2013/12/19( CROSSLAND,WILBUR 470.94 EP 00003937 2013/12/19( MAYFIELD, RON 1,795.43 EP 00003925 2013/12/19( DE ANTONIO, SUSAN 505.59 EP 00003955 2013/12/19( SULLIVAN,JAMES 1,086.58 EP 00003913 2013/12/19( BAZAL, SUSAN 1,205.40 EP 00003927 2013/12/19( EAGLESON, MICHAEL 1,504.93 EP 00003940 2013/12/19( MCNEIL, KENNETH 944.68 EP 00003952 2013/12/191 SMITH, RONALD 964.58 EP 00003916 2013/12/191 CAMPBELL, GERALD 1,289.65 EP 00003933 2013/12/19( LENZE, PAUL E 1,102.77 EP 00003945 2013/12/191 NEE, RON 1,795.43 EP 00003959 2013/12/191 WOLFE,JACKIE 617.32 EP 00003932 2013/12/191 LEE,ALLAN 1,472.85 EP 00003956 2013/12/191 TAYLOR, STEVE 1,102.77 EP 00003914 2013/12/19( BERRY, DAVID 964.58 EP 00003929 2013/12/19( HEYDE, DONALD 1,130.18 EP 00003941 2013/12/19( MICHAEL, L. DENNIS 832.95 EP 00003918 2013/12/19( CLABBY, RICHARD 964.58 EP 00003928 2013/12/19( FRITCHEY,JOHN D. 717.76 User: VLOPEZ- VERONICA LOPEZ Page: 2 Current Date: 01/08/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 17:0 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P6 Agenda Check Register 12/18/2013 through 1/7/2014 Check No. Check Date Vendor Name Amouni EP 00003943 2013/12/191 MYSKOW, DENNIS 964.58 EP 00003953 2013/12/191 SPAGNOLO, SAM 470.94 EP 00003917 2013/12/191 CARNES, KENNETH 717.76 EP 00003934 2013/12/191 LONGO,JOE 175.97 EP 00003946 2013/12/191 NELSON, MARY JANE 175.97 EP 00003960 2013/12/191 YOWELL,TIMOTHY A 1,795.43 EP 00003921 2013/12/191 COX, KARL 535.72 EP 00003931 2013/12/191 LANE, WILLIAM 1,504.93 EP 00003947 2013/12/191 PLOUNG, MICHAEL J 1,079.38 EP 00003915 2013/12/19( BROCK,ROBIN 832.95 EP 00003942 2013/12/19( MORGAN, BYRON 2,265.72 EP 00003957 2013/12/19( TULEY,TERRY 1,130.18 EP 00003926 2013/12/19( DOMINICK, SAMUEL A. 1,130.18 EP 00003938 2013/12/19( MCKEE,JOHN 535.72 EP 00003950 2013/12/19( ROEDER,JEFF 1,504.93 EP 00003944 2013/12/19( NAUMAN, MICHAEL 964.58 EP 00003958 2013/12/19( VANDERKALLEN, FRANCIS 1,157.44 EP 00003910 2013/12/191 AHUMADA, ALEXANDER R 846.58 EP 00003919 2013/12/191 CORCORAN, ROBERT 1,130.18 Total for Entity: 1,181,798.17 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 01/08/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 17:0 P7 CO, '2 > N o 00 0 100 Cl 00 m w a m N O F 7 N t7 N N N q1 N m C) re Q 0 o Y W O .- N O' O �' L.. �y E c O E >in J emC K Lg U o a re o y • co a i 0 f i v0i m °m m X00 CO°D n CO OD '>° c Co J N N 7 V N a) CO 0 0 K r p O - .- N .- • O Ill O O' T L 0 0 U C •M` Im.) 0 00 U ._. 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Daniels, Assistant City Manager Subject: APPROVAL OF A CONTRACT WITH HDLCC FOR FISCAL CONSULTING SERVICES ASSOCIATED WITH THE PROPOSED REFUNDING OF THE OUTSTANDING 1999, 2001 AND 2004 REDEVELOPMENT TAX ALLOCATION BONDS, IN THE AMOUNT OF $20,500, WITH A 10% CONTINGENCY($2,050), TO BE FUNDED FROM ACCOUNT 3281501-5300 RECOMMENDATION: Approve a contract with HdLCC for the preparation of a fiscal analysis for a proposed refunding of the outstanding 1999, 2001 and 2004 Redevelopment Tax Allocation Bonds in the amount of$20,500, plus a 10% contingency, to be funded from account 3281501-5300. BACKGROUND/ANALYSIS: The Redevelopment Agency has three outstanding bond issues which were sold in 1999, 2001 and 2004. City staff and its financial advisor have evaluated the outstanding bond issues and have determined that based on the current market conditions and interest rates a refunding of the bonds would be economically beneficial. The savings in debt service payments over the life of the bonds is estimated to be $38 million, which is an 11% savings on the current debt service. As part of the preparation of the bond refunding, the services of a consultant to prepare a fiscal analysis are needed. With the elimination of redevelopment, and with the recent assessed valuation fluctuations in the State and San Bernardino County, it is important to confirm for potential buyers of the refunding bonds the ability of the Successor Agency to make the required debt service payments. The fiscal analysis will be incorporated into the bond documents and will add value in demonstrating the overall strength and economic benefit of the bond refunding. The consultant will prepare the fiscal report which will include research and verification of financial information including a historic review of the assessed values, appeals, delinquencies, diversification of tax payers, a ten year projection of revenues and other financial data of the former Project Area. This analysis will present the historic and future estimated revenues of the Successor Agency that are available to pay debt service through verified data. From this, the relationship and ratio of the proposed debt service to the overall revenues that are available to pay the debt service can be determined. And equally important, the analysis will be included in the bond documents so prospective bond purchasers can evaluate the strength of the bond refunding. The cost of the fiscal analysis will initially be paid for by the Fire District. The prior Agency Fire Fund pass thru agreement had been a revenue source for the payment on the bonds and the District will benefit from the savings created through the bond refunding. All costs advanced by the District for the bond refunding work will be reimbursed once the refunding bonds are sold. An item relating to the proposed refunding of the 1999, 2001 and 2004 Redevelopment Tax Allocation bonds is included on the Successor Agency agenda. Respectfully Submitted,2 • Linda D. Daniels Assistant City Manager P13 STAFF REPORT o a RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: January 15, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Michael Courtney, Fire Facilities Supervisor Pamela J. Pane, Management Analyst II Walter C. Stickney, Associate Engineer Subject: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATES AND TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175) AND THE FIRE MAINTENANCE FACILITY, TO BE FUNDED FROM ACCOUNT NO. 3288501-5602 RECOMMENDATION: Staff recommends that the Fire Board approve the plans and specifications for the Capital Maintenance Repair Project at the Fire Protection District (District) facilities: Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS: Staff is requesting authorization from the Fire Board to proceed to advertise the "Notice Inviting Bids" for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility. The District has had funds budgeted for various large Capital Building Maintenance projects for the past seven to eight budget years. The District has not, however, had the personnel resources and internal experience to complete the projects, and as a result, they have been carried over. As approved by the Fire Board in March of 2012, the District retained the services of WLC Architects to provide architectural services and to complete construction drawings for five projects: the Amethyst Station (171), San Bernardino Station (172), Jersey Station (174), Banyan Station (175) and the Fire Maintenance Facility. The San Bernardino Station project was completed in the fall of 2013 and the Amethyst Station project is currently being postponed. The construction drawings are now complete for P14 CAPITAL MAINTENANCE REPAIR PROJECTS"NOTICE INVITING BIDS" JANUARY 15,2014 the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility projects. The District recommends Board approval of the plans and specifications for the Capital Maintenance Repair Project at the Fire Protection District (District) facilities: Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". Respectfully submitted, Mike Bell Attachments: 3/21/12 Staff Report, Vicinity Map and Resolution P15 P14 R A N C H O art C U C A M O N G A F I R E P R O T E C T I O N D I S T R I C T Staff Report DATE: March 21, 2012 TO: President and Members of the Board of Directors John R. Gillison, City Manager FROM: Mike Bell, Fire Chief BY: Pamela Pane, Management Analyst II Keri Hinojos, CPPB, Senior Buyer SUBJECT: APPROVAL OF AN ARCHITECTURAL SERVICES AGREEMENT (CO #FD12-002) WITH WLC ARCHITECTS, INC. FOR THE FIRE DISTRICT CAPITAL MAINTENANCE PROJECTS PERFORMED AT THE AMETHYST, SAN BERNARDINO, JERSEY, AND BANYAN FIRE STATIONS AND THE FIRE DISTRICT MAINTENANCE FACILITY, IN ACCORDANCE WITH REQUEST FOR PROPOSAL NO. 10111-104, IN THE AMOUNT OF $132,500.00, AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF $13,250.00, FUNDED FROM ACCOUNT NO. 3282501-5300, AND APPROVAL OF AN APPROPRIATION OF $145,750.00 (ARCHITECTURAL SERVICES AGREEMENT AWARD NOT TO EXCEED $132,500.00 PLUS 10% CONTINGENCY IN THE AMOUNT OF $13,250.00) FROM CFD 85-1 CAPITAL RESERVE FUND BALANCE IN TO ACCOUNT NO. 3282501-5300 RECOMMENDATION Staff recommends approval of an Architectural Services Agreement (CO #FD12-002) with WLC Architects, Inc. for the Fire District Capital Maintenance Projects performed at the Amethyst, San Bernardino, Jersey, and Banyan Fire Stations and the Fire District Maintenance Facility, in accordance with Request for Proposal No. 10/11-104, in the amount of $132,500.00, and authorize the expenditure of a 10% contingency in the amount of $13,250.00, funded from Account NO. 328501-5300, and approval of an appropriation of $145,750.00 (Architectural services agreement award not to exceed $132,500.00 plus 10% contingency in the amount of$13,250.00) from CFD 85-1 Capital Reserve Fund Balance in to Account No. 3282501-5300. BACKGROUND/ANALYSIS The Rancho Cucamonga Fire Protection District (District) has had funds budgeted for various large Capital Building Maintenance projects for the Amethyst, San Bernardino, Jersey and Banyan Fire Stations and the District Maintenance Facility for the past six to seven budget years. The District has not, however, had the personnel resources and internal experience to complete the projects, and as a result, they have been carried over from budget to budget for P16 P15 APPROVAL OF AGREEMENT WITH WLC ARCHITECTS,INC.FOR ARCHITECTURAL SERVICES March 21, 2012 Page 2 several years. It has been recommended that in order to facilitate completion of these projects, the District retain the services of an Architect to complete construction drawings and then go out to bid for a General Contractor to complete all the projects. The San Bernardino Station (172) and Amethyst Stations (171) were built in 1954 (remodeled in 1986) and 1974 respectively. Both stations are in need of kitchen refurbishments and other minor maintenance repairs. The Amethyst Station is also in need of bathroom and locker room refurbishments. Both the Jersey and Banyan Stations were built in the early 1990's and both facilities need repair and replacement to the HVAC systems, broken/malfunctioning windows, and refurbishments to the kitchens. • Over the past years, large amounts of funding have been spent on repairs and maintenance to the HVAC systems at the Jersey (174) and Banyan (175) stations. These funds have been spent on systems that are essentially beyond their expected lifespan and can no longer be repaired effectively. Three years ago TMAD Taylor & Gaines, a structural, mechanical, electrical and Civil Engineering firm was retained to assess the HVAC systems at both stations and make recommendations for repair or replacements. Their reports dated June 19, 2009, recommend complete removal and replacement of those systems to correct the condensation issues, temperature control problems, and replace units that fail at times. Many windows in the Jersey and Banyan are inoperable. Parts are not available for repairs. Some of the frames are so badly deteriorated that attempts to open them might make them fall apart. Several panes of glass are cracked and leak. These windows need to be removed and replaced with modern energy-efficient units. The kitchen in the Jersey Fire Station (174) is extensively used by multiple crews (including a private air ambulance crew for 15 years) and needs a major refurbishment. The District provided specifications to the Purchasing Division (Purchasing) to prepare a formal Request for Proposal. In accordance with the City's Purchasing policies, Purchasing prepared and posted formal RFP # 10/11-104 on January 9, 2012. One-hundred eighty-eight (188) firms were notified, sixty-four (64) firms downloaded the solicitation, and seven (7) RFP responses were received. After analysis of the RFP responses, WLC Architects, Inc. was determined to be the most responsive and responsible firm providing the best value while meeting the scope of services required. All RFP documentation is on file in the Purchasing Division. Staff recommends approval of the architectural services contract with WLC Architects, Inc. for the Capital Maintenance Projects at the Amethyst, San Bernardino, Jersey, and Banyan Fire Stations and the Fire District Maintenance Facility. Respectfully Submitted, Mike Bell Fire Chief P17 HILLS]DE RD .ILL-IDE R I I I I N t..a_ ILSO AV I I WILSON AV LSONI•V MINI,■ , M1I ' Y N ST lid Int OFR' 1210 121�i ilil ' -jari4C71a11iiallt� ' ' rig ME W BASE lit ti !�s 4 . r x U W ./, 1 �v Bi�r�en� n rI �4 5 F.OTHI �.` ■ r - QZW imismrs pil f 1 6HST = r i esi . \ = i H ST 6TH ST Et tit 4.HS • iL . n. PROJECT r'-\`.) 't 00VHwt'sLVq' FOOTHILL-fat- -�j 'I I I I j-- \t- 1 r---Q LSON AV --4- . `a }-) 1 W i - - - - -- - -I 5� - _1-.- ARROWLRT--W - - I Q i FS 176 1 z ' J-- Y BL— 1 --.r=-i a Z j BANYAN T >1 Shop FS/174 CC I N =1 I 7TH ST ( E I _.1_ Pill ST- ---I it I ini1 Vicinity Map Fire Stations 174, 175, and Shop P18 RESOLUTION NO. FD 14-001 A RESOLUTION OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD APPROVING PLANS AND SPECIFICATIONS FOR THE CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175) AND THE FIRE MAINTENANCE FACILITY" IN THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the Rancho Cucamonga Fire Protection District to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the Rancho Cucamonga Fire Protection District has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BOARD, HEREBY RESOLVES, that the plans and specifications presented by the Rancho Cucamonga Fire Protection District be and are hereby approved as the plans and specifications for the "CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175)AND THE FIRE MAINTENANCE FACILITY". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in 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 Rancho Cucamonga Fire Protection District, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said Rancho Cucamonga Fire Protection District 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 p.m. on Tuesday, March 4, 2014, sealed bids or proposals for the "CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175) AND THE FIRE MAINTENANCE FACILITY" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the Rancho Cucamonga Fire Protection District, marked, "Bid for Construction of the "CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175) AND THE FIRE MAINTENANCE FACILITY". A mandatory pre-bid meeting and site tour will be held on Tuesday, February 4, 2014, beginning at 9:00 a.m. at Fire Station 174 located at 11297 Jersey Blvd, Rancho Cucamonga, CA. Fire Station 174 and the Maintenance Facility will be toured. Then the pre-bid meeting will proceed to Fire Station 175 located at 11108 Banyan Ave, Rancho Cucamonga, CA, for the tour of that facility. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required Resolution No. - Page 1 of 4 P19 to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in 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 Director of the Department of Industrial Relations of the State of California is required to 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, City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. They can also be found at www.dir.ca.qov/ under the "Statistics and Research" Tab. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the Rancho Cucamonga Fire Protection District, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. 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 apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of 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 it 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 apprentices on all of his contracts on an annual average of not less than one apprentice to 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 apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements 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 (8) hours of labor shall constitute a legal day's work for all workmen employed in the Resolution No. - Page 2 of 4 P2O 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 to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the Rancho Cucamonga Fire Protection District, twenty-five dollars ($25.00) 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 herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor 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 agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the Rancho Cucamonga Fire Protection District for an amount equal to at least 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 cash, cashiers' check, certified check, or bond shall become the property of the Rancho Cucamonga Fire Protection District. If the Rancho Cucamonga Fire Protection District awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the Rancho Cucamonga Fire Protection District 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 100% of the contract price thereof, and an additional bond in an amount equal to 100% 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 of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said Rancho Cucamonga Fire Protection District for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; including, but not limited to, a Class "B" License (General Building Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the Rancho Cucamonga Fire Protection District on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then Resolution No. - Page 3 of 4 P21 scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the Rancho Cucamonga Fire Protection District to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the Rancho Cucamonga Fire Protection District. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in 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 in lieu of monies withheld (performance retention). The Rancho Cucamonga Fire Protection District, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for the "CAPITAL MAINTENANCE REPAIR PROJECTS AT THE JERSEY FIRE STATION (174), BANYAN FIRE STATION (175) AND THE FIRE MAINTENANCE FACILITY" may be directed to: Michael Courtney or Pamela Pane Fire Facilities Supervisor Management Analyst II 10500 Civic Center Drive 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4090 (909) 477-2740 ext. 3006 (e-mail at michael.courtnevCa7cityofrc.us) (e-mail at pamela.pane@citvofrc.us) All questions regarding this Notice Inviting Bids must be in writing (e-mail is acceptable) and received by the City no later than 5:00 pm on Monday, February 10, 2014. The Rancho Cucamonga Fire Protection District is not responsible for questions undeliverable. ADVERTISE ON: January 21, 2014, and January 28, 2014. Resolution No. - Page 4 of 4 January 15, 2014 I City Council Meeting I Item J7. I See P22 Revised Staff Report STAFF REPORT ' + PUBLIC WORKS SERVICES DEPARTMENT Sea Date: January 15, 2014 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: William Wittkopf, Public Works Services Director Mike Bell, Fire Chief By: Ty Quaintance, Facilities Superintendent Subject: APPROVE AND AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT (CO 14-001) WITH ASSI SECURITY TO INSTALL ACCESS CONTROLS AT VARIOUS FIRE STATIONS IN THE AMOUNT OF $118,250 (PLUS $11,750 CONTINGENCY); AND, APPROVAL TO INCREASE THE ANNUAL SERVICE CONTRACT (CO 12-071) IN AN AMOUNT NOT TO EXCEED $100,000 ($25,000 FIRE, $75,000 CITY FACILITIES) ANNUALLY FOR THE MAINTENANCE AND REPAIR OF ACCESS CONTROLS AND RELATED SECURITY SERVICES FOR THE EXISITNG CITY FACILITIES AS WELL AS THE ADDITIONAL SCOPE OF WORK TO INCLUDE THE FIRE FACILITIES, THE NEW PUBLIC WORKS SERVICES CENTER, AND HOUSEHOLD HAZARDOUS WASTE FACILITY TO BE FUNDED FROM VARIOUS GENERAL FUND AND FIRE DISTRICT ACCOUNTS AS APPROVED IN THE FISCAL YEAR 2013-2014 BUDGET RECOMMENDATION It is recommended that the City Council approve and authorize a Professional Service Agreement (CO 14- 001) with ASSI Security to install access controls at various fire stations in the amount of $118,250 (plus $1 1,750 contingency); and, approval to increase the annual contract(CO 12-071) in an amount not to exceed $100,000 ($25,000 Fire, $75,000 City facilities) annually for the maintenance and repair of access controls and related security services to include card key replacements, card reader replacements and repairs, camera system trouble shooting and replacement, recording system maintenance, building monitoring and software upgrades for the existing City facilities and the additional scope of work to include the Fire facilities, the new Public Works Services Center and Household Hazardous Waste facility; to be funded from various General Fund and Fire District accounts as approved in the Fiscal Year 2013-2014 Budget. BACKGROUND/ANALYSIS On April 16, 2008, the City Council approved ASSI Security of Irvine, California as the single source vendor for citywide repairs, maintenance and upgrades of City access control and related security services. With the need for consistent, highly confidential care of City and Fire security systems, the Fire District has chosen ASSI Security for a one time project to install video surveillance and card key access on exterior perimeter doors for Stations 173, 176 and 177 with work to commence upon the City Council's approval. The cost for this project is $118,250 (plus $11,750 contingency). There is no additional appropriation of funds needed, as this project was included in the approved Fiscal Year 2013-2014 budget. With the addition of Fire Stations 173, 176 and 177 as well as the new Public Works Services Center and Household Hazardous Waste facilities to the vendor's scope of work, staff is also requesting an increase in the contract "Not to Exceed" amount up to $100,000 ($25,000 for Fire, $75,000 for City facilities). • For City facilities this covers burglar alarm monitoring, maintenance and repairs of access controls and related security services, additional card keys, programming, and software upgrades and any unforeseen repairs. • For Fire Stations 173,176 and 177, this includes any additional key cards, repairs, maintenance of the system, and any necessary software upgrades, programming or enhancements to the system. APPROVE AND AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT(CO 14-001)WITH ASSI SECURITY TO INSTALL ACCESS CONTROLS AT FIRE STATIONS 173, 176 AND 177 IN THE AMOUNT OF$118,250(PLUS $11,750 CONTINGENCY);AND,APPROVAL TO INCREASE THE ANNUAL SERVICE CONTRACT (CO 12-071) IN AN AMOUNT NOT TO EXCEED $100,000 ($25,000 FIRE, $75,000 CITY FACILITIES)ANNUALLY FOR THE MAIN TENANCE AND REPAIR OF ACCESS CONTROLS AND RELATED SECURITY SERVICES FOR THE EXISITNG CITY FACILITIES AS WELL AS THE ADDITIONAL SCOPE OF WORK TO INCLUDE THE FIRE FACILITIES, THE NEW PUBLIC WORKS SERVICES CENTER, AND HOUSEHOLD HAZARDOUS WASTE FACILITY TO BE FUNDED FROM VARIOUS GENERAL FUND AND FIRE DISTRICT ACCOUNTS AS APPROVED IN THE FISCAL YEAR 2013-2014 BUDGET JANUARY 15,2014 PAGE TWO ASSI Security of Irvine, California has provided excellent services and in the past, therefore staff recommends the City Council approve the spending limit increase for the maintenance and repair of access controls and related security services as well as approve and authorize a Professional Services Agreement to install access controls at various Fire Stations. Respectfully submitted, A All William Wittkopf I //Mike Bell Public Works Servi es Director Fire Chief P22 STAFF REPORT PU13L1C WORKS SERVICES DEPARTMENT Date: January 15, 2014 'r To: Mayor and Members of the City Council RANCHO John R. Gillison, City Manager CUCAMONGA From: William Wittkopf, Public Works Services Director Mike Bell, Fire Chief By: Ty Quaintance, Facilities Superintendent Subject: APPROVE AND AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT (CO 14-001) WITH ASSI SECURITY TO INSTALL ACCESS CONTROLS AT VARIOUS FIRE STATIONS IN THE AMOUNT OF $118,250 (PLUS $11,750 CONTINGENCY); AND, APPROVAL TO INCREASE THE ANNUAL SERVICE CONTRACT (CO 12-071) IN AN AMOUNT NOT TO EXCEED $100,000 ANNUALLY FOR THE MAINTENANCE AND REPAIR OF ACCESS CONTROLS AND RELATED SECURITY SERVICES FOR THE EXISITNG CITY FACILITIES AS WELL AS THE ADDITIONAL SCOPE OF WORK TO INCLUDE THE FIRE FACILITIES, THE NEW PUBLIC WORKS SERVICES CENTER, AND HOUSEHOLD HAZARDOUS WASTE FACILITY TO BE FUNDED FROM VARIOUS GENERAL FUND AND FIRE DISTRICT ACCOUNTS AS APPROVED IN THE FISCAL YEAR 2013- 2014 BUDGET RECOMMENDATION It is recommended that the City Council approve and authorize a Professional Service Agreement (CO 14-001) with ASSI Security to install access controls at various fire stations in the amount of $118,250 (plus $11,750 contingency); and, approval to increase the annual contract (CO 12-071) in an amount not to exceed $100,000 annually for the maintenance and repair of access controls and related security services to include card key replacements, card reader replacements and repairs, camera system trouble shooting and replacement, recording system maintenance, building monitoring and software upgrades for the existing City facilities and the additional scope of work to include the Fire facilities, the new Public Works Services Center and Household Hazardous Waste facility; to be funded from various General Fund and Fire District accounts as approved in the Fiscal Year 2013-2014 Budget. BACKGROUND/ANALYSIS On April 16, 2008, the City Council approved ASSI Security of Irvine, California as the single source vendor for citywide repairs, maintenance and upgrades of City access control and related security services. With the need for consistent, highly confidential care of City and Fire security systems, the Fire District has chosen ASSI Security for a one time project to install video surveillance and card key access on exterior perimeter doors for Stations 173, 176 and 177 with work to commence upon the City Council's approval. There is no additional appropriation of funds needed, as this project was included in the approved Fiscal Year 2013-2014 budget. With the addition of Fire Stations 173, 176 and 177 as well as the new Public Works Services Center and Household Hazardous Waste facilities to the vendor's scope of work, staff is also requesting an increase in the contract "Not to Exceed" amount to cover the maintenance and repairs of access controls and related security services for these additional facilities. ASSI Security of Irvine, California has provided excellent services and in the past, therefore staff recommends the City Council approve the spending limit increase for the maintenance and repair of access controls and related security services as well as approve and authorize a Professional Services Agreement to install access controls at various Fire Stations. Respectfully submitted, L`kC tti3 r ?"' William Wittkopf ike Bell Public Works Services Director Fire Chief P23 *CC;STAFF REPORT SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY Date: January 15, 2014 RANCHO CUCAMONGA To: Chairman and Members of the Successor Agency John R. Gillison, City Manager From: Linda D. Daniels, Assistant City Manager Subject: APPROVAL OF RESOLUTION 14-006 AND TRANSMITTAL OF AN AMENDED LONG-RANGE PROPERTY MANAGEMENT PLAN IN ACCORDANCE WITH HEALTH AND SAFETY CODE SECTION 34191.5 RECOMMENDATION: It is recommended the Successor Agency adopt the attached Resolution pursuant to Health and Safety Code Section 34191.5, (i) approving an Amended Long-Range Property Management Plan (the "Amended LRPMP") substantially in the form attached as Exhibit A to the resolution, and (ii) directing the transmittal of the Amended LRPMP to the Oversight Board. ANALYSIS: Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et at (53 Cal.4th 231(2011)), on February 1, 2012, all real properties of the former Rancho Cucamonga Redevelopment Agency (the "Agency") transferred to the control of the Successor Agency to the Agency by operation of law. Staff has recently received verbal feedback from DOF regarding the Initial LRPMP in which they have indicated that in order to receive final approval modifications are needed. The needed modifications affect the recommendation to transfer the Cultural Center Expansion parcel to the City and to clarify the recommendation to sell the 3 Day Creek parcels. All other recommendations for the disposition of property previously owned by the Redevelopment Agency are consistent with the Initial LRPMP. Staff recommends the Cultural Center Expansion property be transferred to the City subject to the approval of negotiated compensation agreements to the affected taxing entities that are allowed pursuant to Section 31480(f)(1) of the Health and Safety Code. The second modification is to clarify the sale of the 3 Day Creek parcels. The parcels are proposed to be sold at which time the successful buyer would then develop the site. As stated in the Initial LRPMP, all proceeds of the sale of the 3 Day Creek parcels will be remitted to the County for distribution to the affected taxing entities. The parcels owned by the Successor Agency are summarized below, including the amended recommendations for the Cultural Center Expansion parcel and the 3 Day Creek parcels. Location I Purpose Recommendation East side of Madrone, North of Development as a park site Transfer to the City of Rancho 9'h Street Cucamonga (APN 0207-262-57-0000) P24 • PAGE 2 JANUARY 15,2014 AMENDED LONG RANGE PROPERTY MANAGEMENT PLAN South side of San Bernardino Fire Station 172 relocation Transfer to the Rancho Road, west of Archibald Cucamonga Fire Protection Avenue District (APN 0208-151-17-0000) South side of San Bernardino Fire Station 172 relocation Transfer to the Rancho Road, west of Archibald Cucamonga Fire Protection Avenue District (APN 0208-151-07-0000) Northwest corner of Civic Fire Headquarters Transfer to the Rancho Center Drive and Utica Avenue Cucamonga Fire Protection District (APN 0208-353-06-0000) Southeast corner of Church Expansion of Cultural Center Transfer to the City of Rancho Street and Arbor Lane facility Cucamonga subject to compensation agreements with (APN 0227-452-46-0000) affected taxing entities Northwest corner of Day Creek Mixed use development Sell property for future Boulevard and Base Line Road development by buyer - 3 parcels (APN's 1089-031-15-0000, 1089-031-16-0000 and 1089-031-35-0000) The information provided in the Amended LRPMP provides the same detail on the history of the property and the intended use as the Initial LRPMP. Pursuant to Health and Safety Code Section 34180(j), at the same time the Successor Agency submits the Amended LRPMP to the Oversight Board, the Successor Agency shall submit the Amended LRPMP to the County Administrative Officer, the County Auditor-Controller, and DOE. The attached resolution approves the Amended LRPMP in substantial form and authorizes the Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, to modify the Amended LRPMP as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Respectfully Submitted,d Linda D. Daniels Assistant City Manager Attachment: Resolution with Exhibit A—Amended Long Range Property Management Plan P25 RESOLUTION NO. 14-006 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY APPROVING AN AMENDED LONG-RANGE PROPERTY MANAGEMENT PLAN PREPARED BY THE SUCCESSOR AGENCY PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.5 AND TAKING CERTAIN ACTIONS IN CONNECTION THEREWITH RECITALS: A. Pursuant to Health and Safety Code Section 34175(b) and the California Supreme Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et al. (53 Cal.4th 231(2011)), on February 1, 2012, all assets, properties, contracts, leases, books and records, buildings, and equipment of the former Rancho Cucamonga Redevelopment Agency (the "Agency") transferred to the control of the Successor Agency to the Agency (the "Successor Agency") by operation of law. B. Pursuant to Health and Safety Code Section 34191.5(b), the Successor Agency must prepare a long-range property management plan which addresses the disposition and use of the real properties of the former Agency, and which must be submitted to the Oversight Board of the Successor Agency (the "Oversight Board") and the Department of Finance (the "DOF") for approval no later than six months following the issuance by DOF to the Successor Agency of a finding of completion pursuant to Health and Safety Code Section 34179.7. C. Pursuant to Health and Safety Code Section 34179.7, DOF issued a • finding of completion to the Successor Agency on June 7, 2013. D. The Successor Agency approved the initial Long Range Property Management Plan (the "Initial LRPMP") on November 6, 2013 and the Oversight Board approved the Initial LRPMP on November 13, 2013. E. The Initial LRPMP was submitted to DOF for review and approval on November 13, 2013. F. Staff of the Successor Agency has received feedback related to the Initial LRPMP by DOF staff who have been directed to review the Initial LRPMP and based on that additional information has determined it is prudent to amend the Initial LRPMP. G. Staff of the Successor Agency has prepared and submitted to the Board of the Successor Agency an Amended Long Range Property Management Plan, attached hereto as Exhibit A (the "Amended LRPMP"), which Amended LRPMP addresses the disposition and use of the real properties of the former Agency and includes the information required pursuant to Health and Safety Code Section 34191.5(c). 1 81000-0172\1590393v1.doc P26 NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution.- Section 2. The Successor Agency hereby approves the Amended LRPMP substantially in the form attached hereto as Exhibit A. The Executive Director of the Successor Agency, in consultation with the Successor Agency's legal counsel, may modify the Amended LRPMP as the Executive Director or the Successor Agency's legal counsel deems necessary or advisable. Section 3. Pursuant to Health and Safety Code Section 34180(j), Staff of the Successor Agency is hereby authorized and directed to transmit the Amended LRPMP to the Oversight Board, the County Administrative Officer, the County Auditor-Controller, and DOF. Section 4. The staff and the Board of the Successor Agency are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken are hereby ratified. PASSED AND ADOPTED this 15th day of January, 2014. Chair ATTEST: Secretary -2- 51000-0172\1590393v1.doc P27 EXHIBIT A Amended Long-Range Property Management Plan -3- 81000-0172\1590393v1 doc P28 Ala WV* cir L i , . . ..4 % el . .. •'f .. .. RANCHO CUCAMONGA Amended Long Range Property Management Plan City of Rancho Cucamonga as Successor Agency to the Redevelopment Agency January 2014 P29 INTRODUCTION On June 27, 2012, Governor Brown signed into law Assembly Bill 1484 (AB 1484), a budget trailer bill that made substantial changes to the redevelopment agency dissolution process implemented by Assembly Bill 1X 26. One of the key components of AB 1484 is the requirement that all successor agencies develop a Long Range Property Management Plan that governs the disposition and use of the former non-housing redevelopment agency properties. This document is the Long Range Property Management Plan (LRPMP) for the Successor Agency to the former Rancho Cucamonga Redevelopment Agency. SUMMARY OF SUCCESSOR AGENCY OWNED PROPERTIES AND DISPOSITION PLANS There are eight (8) parcels divided amongst five (5) sites that are owned and controlled by the Successor Agency. SITE NAME ADDRESS APN SIZE Fire Station #172 Relocation Site 9547 San Bernardino Rd. 0208-151-07-0000 0.81 acres Fire Station #172 Relocation Site 9561 San Bernardino Rd. 0208-151-17-0000 0.56 acres Fire Administration Site Northwest corner Utica Ave. 0208-353-06-0000 0.91 acres and Civic Center Dr. Southwest Cucamonga Park East side of Madrone Ave., 0207-262-57-0000 3.4 acres Site south of 9'h St. Victoria Gardens Cultural Center Southeast corner Church 0227-452-46-0000 5.4 acres Expansion Site St. and Arbor Ln. Base Line Rd. & Day Creek Site Northwest corner Base Line 1089-031-15-0000 4.35 acres Rd. and Day Creek Blvd. Base Line Rd. & Day Creek Site Northwest corner Base Line 1089-031-16-0000 4.35 acres Rd. and Day Creek Blvd. Base Line Rd. & Day Creek Site Northwest corner Base Line 1089-031-35-0000 5.08 acres Rd. and Day Creek Blvd. Fire Station #172 Relocation Site This site consists of two (2) parcels that were acquired in 2009 using redevelopment fire pass- through funds for the relocation of the existing San Bernardino Road Fire Station (#172), which is more than 50 years old and does not meet the current standards for size and capacity for its service area. This property is currently vacant. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the Rancho Cucamonga Fire Protection District (Fire District) for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Fire District. The Agreement requires that all redevelopment fire pass-through funds be used to finance and maintain operations of fire facilities and equipment. The Fire District received approximately $35.6 million 2 P30 from the redevelopment fire pass-through fund balance in May 2013 and has the funding to . complete the fire station relocation project. Fire Administration Site This site was acquired in 2002 using redevelopment fire pass-through funds for the purpose of constructing a new Fire Headquarters facility. The project was submitted to the Planning Design Review Committee (DRC) in July of 2006, with programming and design beginning earnestly after Planning Commission approval in August of 2007. However, during the beginning of the last recession and with uncertainties about the Redevelopment Agency, it was determined that postponing the project was in the best interests of the residents of Rancho Cucamonga. This property is currently vacant. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the Fire District for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Fire District. The Agreement requires that all redevelopment fire pass-through funds be used to finance and maintain operations of fire facilities and equipment. The Fire District received approximately $35.6 million from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the Fire Headquarters facility. Southwest Cucamonga Park Site This site was acquired in 2005 for the purpose of developing a neighborhood park in an area that is underserved and critically lacks open park space. In November 2010, the City of Rancho Cucamonga received a $3.9 million grant from the California Department of Parks and Recreation to construct a neighborhood park at this site. This grant award was contingent upon the park being built at this location. The former Redevelopment Agency pledged to transfer this property to the City upon receipt of the park grant; however, the Agency was eliminated before the property transfer could occur. This site is currently vacant and is maintained by the Successor Agency. The conceptual design and environmental study for the Southwest Cucamonga Park have already been completed and the $3.9 million park grant is secured for final design and construction. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the City of Rancho Cucamonga for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth by the Redevelopment Agency's pledge to transfer this property to the City for the construction of the park site using State park grant funds. Cultural Center Expansion Site This site was acquired in 2009 for the purpose of constructing an outdoor special events venue and parking area to support the Victoria Gardens Cultural Center. The Victoria Gardens Cultural Center was previously approved by the Department of Finance to be transferred to the City on September 11, 2013. 3 P31 This property is currently vacant and is being maintained by the Successor Agency. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the City of Rancho Cucamonga subject to the approval of compensation agreements with the affected taxing entities as defined in Health and Safety Code Section 34181(f)(1). Base Line Road and Day Creek Boulevard Site This site consists of three (3) parcels that were acquired between 1990 and 1991 for the purpose of constructing a fire station and to allow for the future development of an affordable housing project. The original parcels were split in 2006 for the construction of Fire Station #173 and ownership of the fire station parcel was transferred to the Fire District. The former Redevelopment Agency entered into an Exclusive Negotiating Agreement (ENA) with a developer on May 18, 2011 to identify the terms and conditions for a Development and Disposition Agreement (DDA) to construct a mixed-use project at this site consisting of neighborhood commercial and affordable housing. The DDA was never finalized due to the elimination of the Redevelopment Agency. This property is currently vacant and is being maintained by the Successor Agency. Per Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to restart negotiations with the ENA developer and sell the three parcels in order to construct a mixed-use project on this property. Once the terms and conditions of a property sale agreement are finalized, the Successor Agency will sell this property. The proceeds from the sale shall be submitted to the San Bernardino County auditor controller for distribution to the affected taxing entities. 4 P32 TRANSFER FOR GOVERNMENTAL USE TO FULFILL ENFORCEABLE OBLIGATION 5 P33 FIRE STATION #172 RELOCATION SITE 1111 VP Fire 1 Station ••I .Sr.,-. '� � � # 172 • _ ---�— — ;� Fire A 4 Station #172 Relocation - - Site rte'/I. v DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Fire Station #172 relocation site consists of two parcels that were acquired by the former Redevelopment Agency in two separate property transactions. The first transaction occurred on January 6, 2009 for $261,000. The second transaction occurred on May 12, 2009 for $755,528. The parcels have not been appraised since the time of acquisition and there is no estimate of the current property value. PURPOSE OF PROPERTY ACQUISTION The two parcels were acquired with redevelopment fire pass-through funds for the relocation of the existing San Bernardino Road Fire Station #172, which is more than 50 years old and does not meet the curre n t standards f or s i ze and capac i ty for its service area. PARCEL DATA Address: 9547 and 9561 San Bernardino Road, Rancho Cucamonga, CA 91730 APNs: 0208-151-07-0000 and 0208-151-17-0000 Size: 1.37 acres (combined between 2 parcels) This site is currently zoned Mixed Use (MU), which allows for a mix of residential and nonresidential uses, with site development regulations that assures development is compatible with nearby lower density residential development, as well as internal compatibility among the varying uses. A fire station (public safety facility) is a conditionally permitted use in this zone. 6 P34 ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES The development of this property as a Fire Station is consistent with the public safety goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001, which allows for the construction of Fire Protection Facilities that benefit the project area. This property was also purchased using redevelopment fire pass-through funds which are committed to being used for fire facilities and equipment. The Fire District received approximately $35.6 million from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the fire station relocation project. HISTORY OF PREVIOUS DEVELOPMENT PROPOSALS AND ACTIVITIES Existing structures were demolished in preparation for the development of the fire station. There was asbestos and lead abatement that was certified as disposed of correctly and an underground heating fuel tank was removed and certified as disposed of properly. USE/DISPOSITION OF PROPERTY This property was acquired with redevelopment fire pass-through funds for the relocation of the existing San Bernardino Road Fire Station (#172), which is more than 50 years old and does not meet the current standards for size and capacity for its service area. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Rancho Cucamonga Fire Protection District, as amended on March 21, 1985, which requires that all redevelopment fire pass-through funds be used to finance the construction of fire facilities and the purchase of fire equipment. 7 P35 FIRE ADMINISTRATION SITE t -- ► -: • • �. +7;� w 1, , Fire'. ` _ ,. Headquarters_ . _ ...v.r.:„. . - . s_ . .': •' glt e A ,.,...,..,,,_ , ,..„.. .. ., ,.., ....... _ , DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Fire Administration site was acquired by the former Redevelopment Agency on February 20, 2002 for $321,205. This property has not been appraised since the time of acquisition and there is no estimate of the current property value. PURPOSE OF PROPERTY ACQUISTION The property was acquired with redevelopment fire pass-through funds for the purpose of constructing a new Fire Headquarters facility. PARCEL DATA The Fire Administration site is a 0.91 acre vacant parcel located on the northwest corner of Utica Avenue and Civic Center Drive (APN 0208-353-06-000). This property is zoned Industrial Park (IP), which allows for light industrial uses, office and administration facilities, research and development laboratories, and limited types of warehousing, as well as support businesses and commercial service uses. The Fire Headquarters facility is a permitted use in this zone. ESTIMATE OF LEASE. RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION 8 P36 The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES The development of this property as a Fire Headquarters facility is consistent with the public safety goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001, which allows for the construction of Fire Protection Facilities that benefit the project area. This property was also purchased using redevelopment fire pass- through funds which are committed to being used for fire facilities and equipment. The Fire District received $35.6 million from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the Fire Headquarters facility. HISTORY OF PREVIOUS DEVELOPMENT PROPOSALS AND ACTIVITIES The Fire Headquarters facility project was submitted to the Planning Design Review Committee (DRC) in July of 2006, with programming and design beginning earnestly after Planning Commission approval in August of 2007. Final plans were prepared in 2010; however, during the beginning of the last recession and with uncertainties about the Redevelopment Agency, it was determined that postponing the project was in the best interests of the residents of Rancho Cucamonga. Following the elimination of the Redevelopment Agency, the redevelopment fire pass-through fund balance was transferred to the Fire District. With the approved transfer of the property to the Fire District, the District could move forward again with the development of the project. USE/DISPOSITION OF PROPERTY This property was acquired with redevelopment fire pass-through funds for the purpose of constructing a new Fire Headquarters facility. Pursuant to Health and Safety Code Section 34191.5(2), the Successor Agency proposes to transfer this property for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Rancho Cucamonga Fire Protection District, as amended on March 21, 1985, which requires that all redevelopment fire pass-through funds be used to finance the construction of fire facilities and the purchase of equipment. 9 P37 SOUTHWEST CUCAMONGA PARK SITE , . . Southwest Cucamonga !iSIt Park Site •• . 4 DATE OF ACQUISTION. VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Southwest Cucamonga Park site was acquired by the former Redevelopment Agency on December 23, 2005 for $937,997. This property is zoned Open Space (OS) and is estimated to be of minimal value due to the limited development activities that are permitted on this site. PURPOSE OF PROPERTY ACQUISTION This property was acquired for the sole purpose of constructing a neighborhood park in the southwest area of Rancho Cucamonga, which is critically underserved and lacks open space. PARCEL DATA The Southwest Cucamonga Park site is a 3.4 acre vacant parcel located on the east side of Madrone Avenue, south of 9th Street (APN 0207-262-57-0000). The zoning on this site was specifically changed to Open Space (OS) following the acquisition of the property in preparation of constructing a neighborhood park. The zoning use regulations, development standards, and criteria provide for low intensity development and encourage recreational activities and preservation of natural resources. A park is a permitted use in this zone. ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property, nor has the property been classified as a brownfield site. In October 2011, the City of Rancho Cucamonga conducted a CEQA analysis on the property in compliance with a state grant the 10 P38 City received to construct a neighborhood park at this site. The study determined that the park project would not have a significant impact on the environment and a Negative Declaration was prepared pursuant to the provisions of CEQA. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES The General Plan land use designation for this property is Open Space (OS) and the site is located within a residential area that critically lacks a neighborhood park. The development of this property as a neighborhood park is consistent with the public improvement goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001 (Redevelopment Plan), which allows for the construction of park and recreation facilities that benefit the project area. The construction of Southwest Cucamonga Park has also been identified as an ongoing project in the Redevelopment Agency Annual Report since Fiscal Year 2005/06. HISTORY OF PREVIOUS DEVELOPMENT PROPOSALS AND ACTIVITIES In November 2010, the City of Rancho Cucamonga was awarded a $3.9 million grant from the California Department of Parks and Recreation to construct a neighborhood park at this site. The grant award was contingent on the park being built at this site. The Redevelopment Agency pledged to transfer this property to the City of Rancho Cucamonga upon receipt of the grant; however, the Agency was eliminated before this property transfer could occur. Several community meetings have been held to engage residents on specific amenities they would like to see at the Southwest Cucamonga Park. The preliminary design and environmental study for the park have already been completed and the $3.9 million grant is secured for final design and construction. This grant cannot be used to fund the final design and construction of the park until the property is transferred to the City and any further delays on the transfer will jeopardize the timeframe for completing the grant requirements. USE/DISPOSITION OF PROPERTY In the attached letter dated February 24, 2010, the former Redevelopment Agency committed to transferring ownership of this property to the City of Rancho Cucamonga to develop the Southwest Cucamonga Park. Pursuant to Health and Safety Code Section 34191.5(c)(2), the City of Rancho Cucamonga proposes to transfer this property for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth by the Agency's pledge to transfer this property to the City for the development of Southwest Cucamonga Park. 11 P39 TRANSFER PROPERTY TO CITY FOR FUTURE DEVELOPMENT 12 P40 VICTORIA GARDENS CULTURAL CENTER EXPANSION SITE Victoria Gardens Cultural Center 1 ..-- -- Expansion Site V cToria -G rdens : , Cultural : Center i : '•...: I DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Victoria Gardens Cultural Center expansion site was acquired by the former Redevelopment Agency on May 4, 2009 for $4,905,912. This property has not been appraised since the time of acquisition and there is no estimate of the current property value. PURPOSE OF PROPERTY ACQUISTION This property was acquired for the purpose of expanding the Victoria Gardens Cultural Center, a city-owned and operated community facility that includes a full-service library, performing arts theater and public meeting space. Future development plans for the site include the construction of an outdoor special events venue and additional parking space for the Victoria Gardens Cultural Center. PARCEL DATA The Cultural Center expansion site is a 5.4 acre vacant parcel located on the southeast corner of Church Street and Arbor Lane (APN 0227-452-46-0000). This property is zoned Regional Center (RC) in the Victoria Community Specific Plan (PC-V), which allows for a mix of civic, community and commercial uses. ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. 13 P41 HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES This property is zoned Regional Center (RC) in the Victoria Community Specific Plan (PC-V), which allows for a mix of civic, community and cultural uses. The use of this property for the expansion of the adjacent Victoria Gardens Cultural Center site is consistent with the public improvement goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001 (Redevelopment Plan), which provides for the construction of park and recreation areas and facilities within the project area. The use of this property as a community facility to support the Victoria Gardens Cultural Center is also outlined in the Redevelopment Agency Implementation Plan 2009-2014, as adopted on December 16, 2009 (Implementation Plan). HISTORY OF PREVIOUS DEVELOPMENT ACTIVITIES The former Redevelopment Agency purchased this parcel from AGS TwentyFourSeven, L.L.C. in 2009. This parcel was originally part of a larger 18.4 acre property, which AGS planned to develop as a condominium complex in partnership with Shea Homes. The housing market collapsed in the middle of the AGS project and condominiums were only constructed on 13 acres. AGS opted against finishing construction on the remainder of the property and sold the undeveloped 5.4 acre parcel to the former Redevelopment Agency. The previous property owners developed the site with residential grading pads and underground utility stubs in preparation for the condominium project. There have been no additional development activities on this property since the Agency acquired it in 2009. USE/DISPOSITION OF PROPERTY Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer ownership of this asset to the City of Rancho Cucamonga for future development subject to the approval of negotiated compensation agreements with affected taxing entities as allowed for in Health and Safety Code Section 34181(f). The City intends to construct an outdoor special events venue and parking facility to support the existing operations at the Victoria Gardens Cultural Center. Although funding has not been budgeted, the City does hold money in reserves to complete this project. 14 P42 PROPERTIES TO BE SOLD 15 P43 BASE LINE RD. & DAY CREEK BLVD. SITE • Fire • • 'Station • ' ' #r73 • t ■ 1 t �' tom..M.n. .. �' ,w�.: — = i%. y. Base Line Rd. & i ..-.L.-:...- , - - ` * Day Creek Blvd. i �: Site (Consisting of 3 IliimiL . Nit; parcels) DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Base Line Road & Day Creek Boulevard site originally consisted of four parcels that were acquired by the former Redevelopment Agency in three separate property transactions. The first transaction occurred on September 11, 1990 for $756,000. The second transaction occurred on May 30, 1991 for $2,273,832. The third transaction occurred on September 4, 1991 for $1,200,000. The original four parcels were split into four new parcels in 2006 and one of the parcels was transferred to the Rancho Cucamonga Fire Protection District for the construction of a fire station. The three Agency-owned parcels have not been appraised since the time of acquisition. PURPOSE OF PROPERTY ACQUISTION This property was acquired for the construction of Fire Station #173 and to allow for the future development of an affordable housing project. PARCEL DATA Address: Northwest corner of Base Line Road and Day Creek Boulevard APNs: 1089-031-15-0000, 1089-031-16-0000, 1089-031-35-0000 Size: 13.78 acres (combined between 3 parcels) This site is currently zoned Medium Residential (M) in the Victoria Community Specific Plan (VC-P), which allows for the development of 8-14 dwelling units per acre (du/A). 16 P44 ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES This property is currently zoned Medium Residential (M) in the Victoria Community Specific Plan (VC-P), which allows for the development of 8-14 du/A. The development of this site as a mixed use project is proposed as it would be of greater community benefit by providing multi-family housing along with commercial and service uses to benefit the surrounding neighborhood. A mixed use development would advance the planning objectives of the City of Rancho Cucamonga and be consistent with the goals identified in the Redevelopment Plan of the Rancho Redevelopment Project, as amended on December 5, 2001 (Redevelopment Plan). HISTORY OF PREVIOUS DEVELOPMENT ACTIVITIES The original parcels were split into four new parcels on April 2, 2006 and one of the parcels was transferred to the Rancho Cucamonga Fire Protection District for the construction of a fire station. The remaining three Agency-owned parcels were set aside for the future development of an affordable housing project. On May 18, 2011, the Redevelopment Agency (RDA) entered into an Exclusive Negotiating Agreement (ENA) with LDC Cougar, LLC (Cougar) and Church Haven Company, LLC (CHC) to negotiate the terms and conditions of a Development and Disposition Agreement (DDA) that would allow Cougar and CHC to acquire and develop this site as a mixed-use project with neighborhood commercial and affordable multi-family housing. As a result of the RDA elimination, the DDA was never finalized and the ENA for this property expired on May 18, 2012. 17 P45 USE/DISPOSITION OF PROPERTY Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency intends to continue negotiations with Cougar and CHC and sell these parcels in order to construct a mixed-use project with neighborhood commercial and multi-family housing. Should negotiations with Cougar and CHC not be successful, the Agency will solicit proposals from other developers to sell the three parcels in order to construct a similar project at this site. Once the terms and conditions of a property sales agreement have been finalized that fulfill the Successor Agency planning objectives, the Successor Agency will sell this property for future development. The proceeds from the sale of this property shall be submitted to the San Bernardino County Auditor Controller's office for distribution to the affected taxing entities. 18 P46 LIST OF ATTACHMENTS Pursuant to Health and Safety Code Section 34191.5, attached are selected sections of the former Agency redevelopment plans, specific plans, general plan and agreements outlining enforceable obligations identified in the Long Range Property Management Plan. 1. Attachment A— Redevelopment Plan for the Rancho Redevelopment Project (as amended on December 5, 2001) 2. Attachment B — Rancho Cucamonga Redevelopment Agency Implementation Plan 2009- 2014 3. Attachment C — Rancho Cucamonga Redevelopment Agency Annual Report FY 2010/11 4. Attachment D — Rancho Cucamonga General Plan — Chapter 2: Land Use, Community Design and Historic Resources 5. Attachment E — Rancho Cucamonga Victoria Community Specific Plan 6. Attachment F— Fire District Pass Through Agreement 7. Attachment G — Redevelopment Agency Resolution complying with Health and Safety Code Section 33445 8. Attachment H — Southwest Cucamonga Park Grant Application 9. Attachment I — Redevelopment Agency Pledge Letter to Transfer Southwest Cucamonga Park Property • 19 January 15,2014 1 City Council Meeting!See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—1 of 17 rTh r'SI fi • . ea, 2 RANCHO CUCAMONGA Amended Long Range Property Management Plan City of Rancho Cucamonga as Successor Agency to the Redevelopment Agency January 2014 January 15,20141 City Council Meeting'See P231 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—2 of 17 INTRODUCTION On June 27, 2012, Governor Brown signed into law Assembly Bill 1484 (AB 1484), a budget trailer bill that made substantial changes to the redevelopment agency dissolution process implemented by Assembly Bill 1X 26. One of the key components of AB 1484 is the requirement that all successor agencies develop a Long Range Property Management Plan that governs the disposition and use of the former non-housing redevelopment agency properties. This document is the Long Range Property Management Plan (LRPMP) for the Successor Agency to the former Rancho Cucamonga Redevelopment Agency. SUMMARY OF SUCCESSOR AGENCY OWNED PROPERTIES AND DISPOSITION PLANS There are eight (8) parcels divided amongst five (5) sites that are owned and controlled by the Successor Agency. SITE NAME ADDRESS APN SIZE Fire Station #172 Relocation Site 9547 San Bernardino Rd. 0208-151-07-0000 0.81 acres Fire Station #172 Relocation Site 9561 San Bernardino Rd. 0208-151-17-0000 0.56 acres Fire Administration Site Northwest corner Utica Ave. 0208-353-06-0000 0.91 acres and Civic Center Dr. Southwest Cucamonga Park East side of Madrone Ave., 0207-262-57-0000 3.4 acres Site south of 9th St. Victoria Gardens Cultural Center Southeast corner Church 0227-452-46-0000 5.4 acres Expansion Site St. and Arbor Ln. Base Line Rd. & Day Creek Site Northwest corner Base Line 1089-031-15-0000 4.35 acres Rd. and Day Creek Blvd. Base Line Rd. & Day Creek Site Northwest corner Base Line 1089-031-16-0000 4.35 acres Rd. and Day Creek Blvd. Base Line Rd. & Day Creek Site Northwest corner Base Line 1089-031-35-0000 5.08 acres Rd. and Day Creek Blvd. Fire Station #172 Relocation Site This site consists of two (2) parcels that were acquired in 2009 using redevelopment fire pass- through funds for the relocation of the existing San Bernardino Road Fire Station (#172), which is more than 50 years old and does not meet the current standards for size and capacity for its service area. This property is currently vacant. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the Rancho Cucamonga Fire Protection District (Fire District) for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Fire District. The Agreement requires that all redevelopment fire pass-through funds be used to finance and maintain operations of fire facilities and equipment. The Fire District received approximately $35.6 million 2 January 15,20141 City Council Meeting 1 See P231 Item Kt.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—3 of 17 from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the fire station relocation project. Fire Administration Site This site was acquired in 2002 using redevelopment fire pass-through funds for the purpose of constructing a new Fire Headquarters facility. The project was submitted to the Planning Design Review Committee (DRC) in July of 2006, with programming and design beginning earnestly after Planning Commission approval in August of 2007. However, during the beginning of the last recession and with uncertainties about the Redevelopment Agency, it was determined that postponing the project was in the best interests of the residents of Rancho Cucamonga. This property is currently vacant. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the Fire District for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Fire District. The Agreement requires that all redevelopment fire pass-through funds be used to finance and maintain operations of fire facilities and equipment. The Fire District received approximately $35.6 million from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the Fire Headquarters facility. Southwest Cucamonga Park Site This site was acquired in 2005 for the purpose of developing a neighborhood park in an area that is underserved and critically lacks open park space. In November 2010, the City of Rancho Cucamonga received a $3.9 million grant from the California Department of Parks and Recreation to construct a neighborhood park at this site. This grant award was contingent upon the park being built at this location. The former Redevelopment Agency pledged to transfer this property to the City upon receipt of the park grant; however, the Agency was eliminated before the property transfer could occur. This site is currently vacant and is maintained by the Successor Agency. The conceptual design and environmental study for the Southwest Cucamonga Park have already been completed and the $3.9 million park grant is secured for final design and construction. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the City of Rancho Cucamonga for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth by the Redevelopment Agency's pledge to transfer this property to the City for the construction of the park site using State park grant funds. Cultural Center Expansion Site This site was acquired in 2009 for the purpose of constructing an outdoor special events venue and parking area to support the Victoria Gardens Cultural Center. The Victoria Gardens Cultural Center was previously approved by the Department of Finance to be transferred to the City on September 11, 2013. 3 January 15,2014 I City Council Meeting I See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—4 of 17 This property is currently vacant and is being maintained by the Successor Agency. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property to the City of Rancho Cucamonga subject to the approval of compensation agreements with the affected taxing entities as defined in Health and Safety Code Section 34181(f)(1). Base Line Road and Day Creek Boulevard Site This site consists of three (3) parcels that were acquired between 1990 and 1991 for the purpose of constructing a fire station and to allow for the future development of an affordable housing project. The original parcels were split in 2006 for the construction of Fire Station #173 and ownership of the fire station parcel was transferred to the Fire District. The former Redevelopment Agency entered into an Exclusive Negotiating Agreement (ENA) with a developer on May 18, 2011 to identify the terms and conditions for a Development and Disposition Agreement (DDA) to construct a mixed-use project at this site consisting of neighborhood commercial and affordable housing. The DDA was never finalized due to the elimination of the Redevelopment Agency. This property is currently vacant and is being maintained by the Successor Agency. Per Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to restart negotiations with the ENA developer and sell the three parcels in order to construct a mixed-use project on this property. Once the terms and conditions of a property sale agreement are finalized, the Successor Agency will sell this property. The proceeds from the sale shall be submitted to the San Bernardino County auditor controller for distribution to the affected taxing entities. 4 January 15,2014 I City Council Meeting I See P23 I Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—5 of 17 TRANSFER FOR GOVERNMENTAL USE TO FULFILL ENFORCEABLE OBLIGATION 5 January 15,20141 City Council Meeting 1 See P231 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—6 of 17 FIRE STATION #172 RELOCATION SITE .�; i - Fire It Station a+ � ' v -�l .�_ •, ;�� #172 • • j • X96 - ."+r—2--. rrys i;‘.4• tion #1721 - jp r-�' - Site I 10� µ 1. MI f � DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Fire Station #172 relocation site consists of two parcels that were acquired by the former Redevelopment Agency in two separate property transactions. The first transaction occurred on January 6, 2009 for $261,000. The second transaction occurred on May 12, 2009 for $755,528. The parcels have not been appraised since the time of acquisition and there is no estimate of the current property value. PURPOSE OF PROPERTY ACQUISTION The two parcels were acquired with redevelopment fire pass-through funds for the relocation of the existing San Bernardino Road Fire Station #172, which is more than 50 years old and does not meet the current standards for size and capacity for its service area. PARCEL DATA Address: 9547 and 9561 San Bernardino Road, Rancho Cucamonga, CA 91730 APNs: 0208-151-07-0000 and 0208-151-17-0000 Size: 1.37 acres (combined between 2 parcels) This site is currently zoned Mixed Use (MU), which allows for a mix of residential and nonresidential uses, with site development regulations that assures development is compatible with nearby lower density residential development, as well as internal compatibility among the varying uses. A fire station (public safety facility) is a conditionally permitted use in this zone. 6 January 15,2014 1 City Council Meeting I See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—7 of 17 ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES The development of this property as a Fire Station is consistent with the public safety goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001, which allows for the construction of Fire Protection Facilities that benefit the project area. This property was also purchased using redevelopment fire pass-through funds which are committed to being used for fire facilities and equipment. The Fire District received approximately $35.6 million from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the fire station relocation project. HISTORY OF PREVIOUS DEVELOPMENT PROPOSALS AND ACTIVITIES Existing structures were demolished in preparation for the development of the fire station. There was asbestos and lead abatement that was certified as disposed of correctly and an underground heating fuel tank was removed and certified as disposed of properly. USE/DISPOSITION OF PROPERTY This property was acquired with redevelopment fire pass-through funds for the relocation of the existing San Bernardino Road Fire Station (#172), which is more than 50 years old and does not meet the current standards for size and capacity for its service area. Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer this property for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Rancho Cucamonga Fire Protection District, as amended on March 21, 1985, which requires that all redevelopment fire pass-through funds be used to finance the construction of fire facilities and the purchase of fire equipment. 7 January 15,20141 City Council Meeting I See P231 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—8 of 17 FIRE ADMINISTRATION SITE • � • ,.. .,. '"'Yl$f '3 g Yd. �'a e. • - • .. • • i i.. t r.< - �.5. ;YigS �1h —w'S. fY y -_ •A- 1 �- I \ i■ yq v} r -! DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Fire Administration site was acquired by the former Redevelopment Agency on February 20, 2002 for $321,205. This property has not been appraised since the time of acquisition and there is no estimate of the current property value. PURPOSE OF PROPERTY ACQUISTION The property was acquired with redevelopment fire pass-through funds for the purpose of constructing a new Fire Headquarters facility. PARCEL DATA The Fire Administration site is a 0.91 acre vacant parcel located on the northwest corner of Utica Avenue and Civic Center Drive (APN 0208-353-06-000). This property is zoned Industrial Park (IP), which allows for light industrial uses, office and administration facilities, research and development laboratories, and limited types of warehousing, as well as support businesses and commercial service uses. The Fire Headquarters facility is a permitted use in this zone. ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION 8 January 15,2014 I City Council Meeting I See P23 I Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—9 of 17 The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES The development of this property as a Fire Headquarters facility is consistent with the public safety goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001, which allows for the construction of Fire Protection Facilities that benefit the project area. This property was also purchased using redevelopment fire pass- through funds which are committed to being used for fire facilities and equipment. The Fire District received $35.6 million from the redevelopment fire pass-through fund balance in May 2013 and has the funding to complete the Fire Headquarters facility. HISTORY OF PREVIOUS DEVELOPMENT PROPOSALS AND ACTIVITIES The Fire Headquarters facility project was submitted to the Planning Design Review Committee (DRC) in July of 2006, with programming and design beginning earnestly after Planning Commission approval in August of 2007. Final plans were prepared in 2010; however, during the beginning of the last recession and with uncertainties about the Redevelopment Agency, it was determined that postponing the project was in the best interests of the residents of Rancho Cucamonga. Following the elimination of the Redevelopment Agency, the redevelopment fire pass-through fund balance was transferred to the Fire District. With the approved transfer of the property to the Fire District, the District could move forward again with the development of the project. USE/DISPOSITION OF PROPERTY This property was acquired with redevelopment fire pass-through funds for the purpose of constructing a new Fire Headquarters facility. Pursuant to Health and Safety Code Section 34191.5(2), the Successor Agency proposes to transfer this property for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth in a Cooperative Agreement between the former Redevelopment Agency and the Rancho Cucamonga Fire Protection District, as amended on March 21, 1985, which requires that all redevelopment fire pass-through funds be used to finance the construction of fire facilities and the purchase of equipment. 9 January 15,20141 City Council Meeting I See P231 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—10 of 17 SOUTHWEST CUCAMONGA PARK SITE r F Southwest Cucamonga • ParK Site 74 - - ,r- c4: DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Southwest Cucamonga Park site was acquired by the former Redevelopment Agency on December 23, 2005 for $937,997. This property is zoned Open Space (OS) and is estimated to be of minimal value due to the limited development activities that are permitted on this site. PURPOSE OF PROPERTY ACQUISTION This property was acquired for the sole purpose of constructing a neighborhood park in the southwest area of Rancho Cucamonga, which is critically underserved and lacks open space. PARCEL DATA The Southwest Cucamonga Park site is a 3.4 acre vacant parcel located on the east side of Madrone Avenue, south of 9th Street (APN 0207-262-57-0000). The zoning on this site was specifically changed to Open Space (OS) following the acquisition of the property in preparation of constructing a neighborhood park. The zoning use regulations, development standards, and criteria provide for low intensity development and encourage recreational activities and preservation of natural resources. A park is a permitted use in this zone. ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property, nor has the property been classified as a brownfield site. In October 2011, the City of Rancho Cucamonga conducted a CEQA analysis on the property in compliance with a state grant the 10 January 15,20141 City Council Meeting 1 See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—11 of 17 City received to construct a neighborhood park at this site. The study determined that the park project would not have a significant impact on the environment and a Negative Declaration was prepared pursuant to the provisions of CEQA. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES The General Plan land use designation for this property is Open Space (OS) and the site is located within a residential area that critically lacks a neighborhood park. The development of this property as a neighborhood park is consistent with the public improvement goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001 (Redevelopment Plan), which allows for the construction of park and recreation facilities that benefit the project area. The construction of Southwest Cucamonga Park has also been identified as an ongoing project in the Redevelopment Agency Annual Report since Fiscal Year 2005/06. HISTORY OF PREVIOUS DEVELOPMENT PROPOSALS AND ACTIVITIES In November 2010, the City of Rancho Cucamonga was awarded a $3.9 million grant from the California Department of Parks and Recreation to construct a neighborhood park at this site. The grant award was contingent on the park being built at this site. The Redevelopment Agency pledged to transfer this property to the City of Rancho Cucamonga upon receipt of the grant; however, the Agency was eliminated before this property transfer could occur. Several community meetings have been held to engage residents on specific amenities they would like to see at the Southwest Cucamonga Park. The preliminary design and environmental study for the park have already been completed and the $3.9 million grant is secured for final design and construction. This grant cannot be used to fund the final design and construction of the park until the property is transferred to the City and any further delays on the transfer will jeopardize the timeframe for completing the grant requirements. USE/DISPOSITION OF PROPERTY In the attached letter dated February 24, 2010, the former Redevelopment Agency committed to transferring ownership of this property to the City of Rancho Cucamonga to develop the Southwest Cucamonga Park. Pursuant to Health and Safety Code Section 34191.5(c)(2), the City of Rancho Cucamonga proposes to transfer this property for governmental use as defined in Health and Safety Code Section 34181(a) to fulfill an enforceable obligation set forth by the Agency's pledge to transfer this property to the City for the development of Southwest Cucamonga Park. • 11 January 15,2014 1 City Council Meeting I See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—12 of 17 TRANSFER PROPERTY TO CITY FOR FUTURE DEVELOPMENT 12 January 15,2014 I City Council Meeting I See P23 I Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—13 of 17 VICTORIA GARDENS CULTURAL CENTER EXPANSION SITE - Victoria Gardens Culturaltident 6 `ria : I • t LLm z �: =r rde s : , • fir_, A 1 s�`a :z anti,Au d•aq „ k e Cent DATE OF ACQUISTION, VALUE OF ACQUISTION AND ESTIMATE OF CURRENT VALUE The Victoria Gardens Cultural Center expansion site was acquired by the former Redevelopment Agency on May 4, 2009 for $4,905,912. This property has not been appraised since the time of acquisition and there is no estimate of the current property value. PURPOSE OF PROPERTY ACQUISTION This property was acquired for the purpose of expanding the Victoria Gardens Cultural Center, a city-owned and operated community facility that includes a full-service library, performing arts theater and public meeting space. Future development plans for the site include the construction of an outdoor special events venue and additional parking space for the Victoria Gardens Cultural Center. PARCEL DATA The Cultural Center expansion site is a 5.4 acre vacant parcel located on the southeast corner of Church Street and Arbor Lane (APN 0227-452-46-0000). This property is zoned Regional Center (RC) in the Victoria Community Specific Plan (PC-V), which allows for a mix of civic, community and commercial uses. ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. 13 January 15,2014 1 City Council Meeting 1 See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—14 of 17 HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES This property is zoned Regional Center (RC) in the Victoria Community Specific Plan (PC-V), which allows for a mix of civic, community and cultural uses. The use of this property for the expansion of the adjacent Victoria Gardens Cultural Center site is consistent with the public improvement goals outlined in the Redevelopment Plan for the Rancho Redevelopment Project, as amended on December 5, 2001 (Redevelopment Plan), which provides for the construction of park and recreation areas and facilities within the project area. The use of this property as a community facility to support the Victoria Gardens Cultural Center is also outlined in the Redevelopment Agency Implementation Plan 2009-2014, as adopted on December 16, 2009 (Implementation Plan). HISTORY OF PREVIOUS DEVELOPMENT ACTIVITIES The former Redevelopment Agency purchased this parcel from AGS TwentyFourSeven, L.L.C. in 2009. This parcel was originally part of a larger 18.4 acre property, which AGS planned to develop as a condominium complex in partnership with Shea Homes. The housing market collapsed in the middle of the AGS project and condominiums were only constructed on 13 acres. AGS opted against finishing construction on the remainder of the property and sold the undeveloped 5.4 acre parcel to the former Redevelopment Agency. The previous property owners developed the site with residential grading pads and underground utility stubs in preparation for the condominium project. There have been no additional development activities on this property since the Agency acquired it in 2009. USE/DISPOSITION OF PROPERTY Pursuant to Health and Safety Code Section 34191.5(c)(2), the Successor Agency proposes to transfer ownership of this asset to the City of Rancho.Cucamonga for future development subject to the approval of negotiated compensation agreements with affected taxing entities as allowed for in Health and Safety Code Section 34181(f). The City intends to construct an outdoor special events venue and parking facility to support the existing operations at the Victoria Gardens Cultural Center. Although funding has not been budgeted, the City does hold money in reserves to complete this project. 14 January 15,2014 1 City Council Meeting I See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5—Resolution No.14-006—15 of 17 • PROPERTIES TO BE SOLD 15 January 15,20141 City Council Meeting 1 See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006-16 of 17 BASE LINE RD. & DAY CREEK BLVD. SITE `, I January 15,2014 I City Council Meeting I See P23 1 Item K1.Adoption of Resolution No.14-006 to approve and transmit to the Oversight Board an amended Long Range Property Management Plan in accordance with Health and Safety Code Section 34191.5--Resolution No.14-006—17 of 17 ESTIMATE OF LEASE, RENTAL OR OTHER REVENUES GENERATED BY PROPERTY This property is currently vacant and does not generate revenue of any kind. HISTORY OF ENVIRONMENTAL CONTAMINATION The Successor Agency has no knowledge of environmental contamination on this property and has not performed any environmental studies, nor has the property been classified as a brownfield site. POTENTIAL FOR TRANSIT-ORIENTED DEVELOPMENT None ADVANCEMENT OF SUCCESSOR AGENCY PLANNING OBJECTIVES This property is currently zoned Medium Residential (M) in the Victoria Community Specific Plan (VC-P), which allows for the development of 8-14 du/A. The development of this site as a mixed use project is proposed as it would be of greater community benefit by providing multi-family housing along with commercial and service uses to benefit the surrounding neighborhood. A mixed use development would advance the planning objectives of the City of Rancho Cucamonga and be consistent with the goals identified in the Redevelopment Plan of the Rancho Redevelopment Project, as amended on December 5, 2001 (Redevelopment Plan). HISTORY OF PREVIOUS DEVELOPMENT ACTIVITIES The original parcels were split into four new parcels on April 2, 2006 and one of the parcels was transferred to the Rancho Cucamonga Fire Protection District for the construction of a fire station. The remaining three Agency-owned parcels were set aside for the future development of an affordable housing project. On May 18, 2011, the Redevelopment Agency (RDA) entered into an Exclusive Negotiating Agreement (ENA) with LDC Cougar, LLC (Cougar) and Church Haven Company, LLC (CHC) to negotiate the terms and conditions of a Development and Disposition Agreement (DDA) that would allow Cougar and CHC to acquire and develop this site as a mixed-use project with neighborhood commercial and affordable multi-family housing. As a result of the RDA elimination, the DDA was never finalized and the ENA for this property expired on May 18, 2012. 17 CITY OF RANCHO CUCAMONGA P47 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342818 2013/12/11 ( RIALTO ANIMAL HOSPITAL 25.00 AP 00342829 2013/12/11 ( SC FUELS 3,420.33 AP 00342835 2013/12/11 ( SIGMANET 5,950.00 AP 00342845 2013/12/11 ( SOUTHLAND FARMERS MARKET ASSOC INC 261.00 AP 00342851 2013/12/11 l STERLING COFFEE SERVICE 304.46 AP 00342870 2013/12/11 l VERIZON CALIFORNIA 47.12 AP 00342870 2013/12/111 VERIZON CALIFORNIA 19.59 AP 00342872 2013/12/111 WALTERS WHOLESALE ELECTRIC CO 140.22 AP 00342877 2013/12/11 1 WEST SANITATION SERVICES INC 380.70 AP 00342882 2013/12/11 l ZEE MEDICAL INC 1,352.09 AP 00342889 2013/12/12( DUNN EDWARDS CORPORATION 227.45 AP 00342892 2013/12/12( HOLLIDAY ROCK CO INC 59.85 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/111 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 25.59 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 24.78 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 153.48 AP 00342888 2013/12/12 ( CUCAMONGA VALLEY WATER DISTRICT 56.93 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 58.59 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 459.79 AP 00342785 2013/12/111 MIDWEST TAPE 81.76 AP 00342785 2013/12/111 MIDWEST TAPE 23.98 AP 00342894 2013/12/12 INLAND VALLEY DAILY BULLETIN 593.28 AP 00342896 2013/12/12 LIMS AUTO INC 224.42 AP 00342681 2013/12/11 ( ALL CITY MANAGEMENT SERVICES INC. 19,820.66 AP 00342704 2013/12/11 ( CANNON SPORTS INC. 4,996.86 AP 00342715 2013/12/11 ( CONTACT SECURITY INC 363.72 AP 00342726 2013/12/11 l DELTA DENTAL 1,905.40 AP 00342747 2013/12/11 ( GLOBALSTAR 74.21 AP 00342751 2013/12/11 ( GRAINGER 105.20 AP 00342757 2013/12/1 l 1 HILLS PET NUTRITION SALES INC 656.09 AP 00342779 2013/12/111 LOWES COMPANIES INC. 28.68 AP 00342779 2013/12/11 l 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00342787 2013/12/11 ( MILANES, YIKCIA 50.00 AP 00342798 2013/12/11 ( NOVARTIS ANIMAL HEALTH US INC 2,382.72 AP 00342801 2013/12/11 ( OFFICE DEPOT 59.63 AP 00342809 2013/12/11 ( PIXELPUSHERS INC 1,910.00 AP 00342814 2013/12/11 l RANCHO REGIONAL VETERINARY HOSPITAL IN 50.00 AP 00342817 2013/12/11 I RDO EQUIPMENT CO 2,560.00 AP 00342827 2013/12/111 SBPEA 844.74 AP 00342829 2013/12/11 ( SC FUELS 13,638.56 AP 00342834 2013/12/11 ( SIEMENS INDUSTRY INC 11,283.63 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 12/18/: Report CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P49 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342845 2013/12/11 ( SOUTHLAND FARMERS MARKET ASSOC INC 993.00 AP 00342850 2013/12/11 ( STATE HUMANE ASSOCIATION OF CALIFORNIA 140.00 AP 00342866 2013/12/11 l UYENO, KASIE 500.00 AP 00342874 2013/12/11 I WAXIE SANITARY SUPPLY 155.14 AP 00342889 2013/12/121 DUNK EDWARDS 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AP 00342715 2013/12/11 1 CONTACT SECURITY INC 2,494.08 AP 00342715 2013/12/11 ( CONTACT SECURITY INC 552.24 AP 00342718 2013/12/11 ( CORONA MOTORSPORTS 2,990.00 AP 00342728 2013/12/11 ( DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 AP 00342744 2013/12/11 l GARCIA, VIVIAN 14.13 AP 00342757 2013/12/11 1 HILLS PET NUTRITION SALES INC 415.74 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 342.39 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 137.48 AP 00342768 2013/12/11 1 JACOBSEN WEST 117.10 AP 00342776 2013/12/11 ( LAYNE,TAMARA 87.95 AP 00342789 2013/12/11 ( MORALES, ROBERT 223.05 AP 00342819 2013/12/11 ( RICHARDS WATSON AND GERSHON 729.00 AP 00342829 2013/12/11 1 SC FUELS 7,838.22 AP 00342838 2013/12/111 SLS 20.00 AP 00342840 2013/12/11 ( SO CALIF GAS COMPANY 685.76 AP 00342853 2013/12/11 ( STOVER SEED COMPANY 1,728.00 AP 00342870 2013/12/11 1 VERIZON CALIFORNIA 22.76 AP 00342861 2013/12/11 1 UNITED ROTARY BRUSH CORPORATION 407.14 AP 00342869 2013/12/11 l VERIZON BUSINESS SERVICES 18.96 AP 00342874 2013/12/11 ( WAXIE SANITARY SUPPLY 82.73 AP 00342882 2013/12/11 1 ZEE MEDICAL INC 187.05 AP 00342892 2013/12/121 HOLLIDAY ROCK CO INC 993.65 AP 00342844 2013/12/11 l • SOUTHERN CALIFORNIA EDISON 24.92 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P50 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 126.03 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 11.66 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 88.96 AP 00342844 2013/12/1 I 1 SOUTHERN CALIFORNIA EDISON 61.35 AP 00342844 2013/12/1 I ( SOUTHERN CALIFORNIA EDISON 54.41 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 30.42 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 269.74 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 189.79 AP 00342785 2013/12/11 ( MIDWEST TAPE 59.96 AP 00342785 2013/12/111 MIDWEST TAPE 169.89 AP 00342898 2013/12/121 MWI VETERINARY SUPPLY 2,388.64 AP 00342677 2013/12/11 ( A&V SOFTBALL 2,538.00 AP 00342684 2013/12/11 ( ARROW TRAILER SUPPLIES INC 228.53 AP 00342692 2013/12/11 l BISHOP COMPANY 440.85 AP 00342703 2013/12/11 ( CAMERON WELDING SUPPLY 26.88 AP 00342711 2013/12/11 1 CHARTER COMMUNICATIONS 256.92 AP 00342719 2013/12/11 ( CREATIVE MANAGEMENT SOLUTIONS INC 1,560.00 AP 00342731 2013/12/11 ( DOWNEY,JENNIFER 10.92 AP 00342740 2013/12/11 l FEDERAL EXPRESS CORP 20.27 AP 00342751 2013/12/111 GRAINGER 44.86 AP 00342754 2013/12/11 1 HD PRODUCTIONS LLC 6,250.00 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 17.42 Ap 00342779 2013/12/11 ( LOWES COMPANIES INC. 42.43 Ap 00342779 2013/12/11 l LOWES COMPANIES INC. 39.91 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 78.11 AP 00342771 2013/12/11 l JOHN DEERE LANDSCAPES 0.57 AP 00342781 2013/12/11 ( MARIPOSA HORTICULTURAL ENT INC 108.00 AP 00342787 2013/12/11 ( MILANES,YIKCIA 425.00 AP 00342801 2013/12/11 ( OFFICE DEPOT 215.99 • AP 00342801 2013/12/11 l OFFICE DEPOT 244.47 AP 00342803 2013/12/111 ONTRAC 54.55 AP 00342809 2013/12/11 1 PIXELPUSHERS INC 155.00 AP 00342812 2013/12/11 l R AND R AUTOMOTIVE 705.19 AP 00342814 2013/12/11 ( RANCHO REGIONAL VETERINARY HOSPITAL IN 50.00 AP 00342888 2013/12/12 ( CUCAMONGA VALLEY WATER DISTRICT 121.94 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 230.74 AP 00342901 2013/12/121 UNIFIRST UNIFORM SERVICE 70.52 • AP 00342785 2013/12/11 ( MIDWEST TAPE 35.97 AP 00342785 2013/12/11 ( MIDWEST TAPE 79.98 AP 00342898 2013/12/12( MWI VETERINARY SUPPLY 402.28 AP 00342899 2013/12/121 SUNRISE FORD 108.71 AP 00342683 2013/12/1 I 1 ARCHIBALD PET HOSPITAL 150.00 AP 00342689 2013/12/11 ( BARNEY'S BLENDS 27.00 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: I2/18/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P51 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342697 2013/12/11 l CALIFORNIA FRANCHISE TAX BOARD 50.00 AP 00342710 2013/12/11 l CHAPQUIST ENTERTAINMENT INC. 8,100.00 AP 00342719 2013/12/11 l CREATIVE MANAGEMENT SOLUTIONS INC 1,072.50 AP 00342728 2013/12/11 1 DEPARTMENT OF INDUSTRIAL RELATIONS 225.00 AP 00342740 2013/12/11 l FEDERAL EXPRESS CORP 20.27 AP 00342751 2013/12/11 ( GRAINGER 55.27 AP 00342754 2013/12/11 ( HD PRODUCTIONS LLC 8,750.00 AP 00342759 2013/12/11 ( HOSE MAN INC 5,95 AP 00342779 2013/12/111 LOWES COMPANIES INC. 39.20 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 120.09 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 46.91 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 177.40 AP 00342771 2013/12/11 ( JOHN DEERE LANDSCAPES 497.56 AP 00342777 2013/12/11 1 LEW EDWARDS GROUP,THE 11,900.00 AP 00342782 2013/12/11 1 MARTINEZ UNION SERVICE 150.00 AP 00342795 2013/12/11 l NEW IMAGE COMMERCIAL FLOORING 2,647.94 AP 00342801 2013/12/11 l OFFICE DEPOT 431.98 AP 00342801 2013/12/11 l OFFICE DEPOT 22.16 AP 00342801 2013/12/11 l OFFICE DEPOT 269.42 AP 00342808 2013/12/11 l PITNEY BOWES 25,000.00 AP 00342812 2013/12/11 ( R AND R AUTOMOTIVE 736.55 AP 00342814 2013/12/1 I l RANCHO REGIONAL VETERINARY HOSPITAL IN 50.00 AP 00342816 2013/12/111 RBM LOCK AND KEY SERVICE 75.60 AP 00342817 2013/12/11 ( RDO EQUIPMENT CO 1,710.00 AP 00342833 2013/12/11 ( SHOETERIA 199.24 AP 00342851 2013/12/11 l STERLING COFFEE SERVICE 331.36 AP 00342870 2013/12/11 l VERIZON CALIFORNIA 224.35 AP 00342870 2013/12/11 1 VERIZON CALIFORNIA 454.16 AP 00342872 2013/12/11 l WALTERS WHOLESALE ELECTRIC CO 159.63 AP 00342874 2013/12/11 l WAXIE SANITARY SUPPLY 252.74 AP 00342882 2013/12/111 ZEE MEDICAL INC 595.62 AP 00342889 2013/12/12 l DUNN EDWARDS CORPORATION • 214.43 AP 00342890 2013/12/12( EWING IRRIGATION PRODUCTS 141.38 AP 00342844 2013/12/1 I 1 SOUTHERN CALIFORNIA EDISON 25.20 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 24.92 Ap 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.07 Ap 00342888 2013/12/12 ( CUCAMONGA VALLEY WATER DISTRICT 507.13 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 697.58 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 138.30 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 121.94 AP 00342785 2013/12/11 ( MIDWEST TAPE 233.88 AP 00342894 2013/12/12( INLAND VALLEY DAILY BULLETIN 610.22 AP 00342894 2013/12/12 1 INLAND VALLEY DAILY BULLETIN 479.32 AP 00342900 2013/12/12( TRUGREEN LANDCARE 415.00 User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P52 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342695 2013/12/11 l CAL PERS LONG TERM CARE 491.40 AP 00342711 2013/12/11 ( CHARTER COMMUNICATIONS 169.29 AP 00342714 2013/12/11 l CONCEPTUAL SITE FURNISHINGS INC. 395.68 AP 00342725 2013/12/11 1 DELGADILLO,CANDIDA 925.00 AP 00342743 2013/12/11 1 GALLS/QUARTERMASTER INC 106.20 AP 00342751 2013/12/11 ( GRAINGER 34.65 AP 00342756 2013/12/11 ( HENRY SCHEIN ANIMAL HEALTH SUPPLY 70.28 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 199.81 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 91.07 AP 00342779 2013/12/11 I LOWES COMPANIES INC. 29.20 AP 00342779 2013/12/111 LOWES COMPANIES INC. 203.61 AP 00342741 2013/12/11 l FILMORE, DEVEON 250.00 AP 00342768 2013/12/I l ( JACOBSEN WEST 270.29 AP 00342783 2013/12/11 ( MCMASTER CARR SUPPLY COMPANY 43.18 AP 00342792 2013/12/11 l MSA INLAND EMPIRE/DESERT CHAPTER 45.00 AP 00342840 2013/12/111 SO CALIF GAS COMPANY 613.87 AP 00342852 2013/12/111 STOTZ EQUIPMENT 5.72 AP 00342857 2013/12/11( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00342870 2013/12/11 ( VERIZON CALIFORNIA 52.62 AP 00342722 2013/12/11 l CUCAMONGA VALLEY WATER DISTRICT 30.71 AP 00342864 2013/12/111 UPS 52.58 AP 00342875 2013/12/11 1 WEBBER, DEBORAH 21.49 AP 00342884 2013/12/121 ABC LOCKSMITHS 51.81 AP 00342890 2013/12/121 EWING IRRIGATION PRODUCTS 20.93 AP 00342893 2013/12/121 HYDRO SCAPE PRODUCTS INC 20.00 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 128.17 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 63.25 AP 00342844 2013/12/I I ( SOUTI-IERN CALIFORNIA EDISON 64.83 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 66.60 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 760.02 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 392.08 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 312.64 AP 00342888 2013/12/12 ( CUCAMONGA VALLEY WATER DISTRICT 146.89 AP 00342785 2013/12/11 ( MIDWEST TAPE 19.99 AP 00342785 2013/12/11 ( MIDWEST TAPE 68.17 AP 00342900 2013/12/121 TRUGREEN LANDCARE 240.00 AP 00342705 2013/12/11 1 CARQUEST AUTO PARTS 22.10 AP 00342713 2013/12/11 ( COMMERCIAL TRANSPORATION SERVICES 195.00 AP 00342715 2013/12/11 l CONTACT SECURITY INC 2,961.72 AP 00342726 2013/12/11 ( DELTA DENTAL 41,466.29 AP 00342732 2013/12/11 1 DUBUCHE, SANDRA& VLADIMYR 233.00 User: VLOPEZ- VERONICA LOPEZ Page: 6 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P53 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342736 2013/12/11 ( EMPIRE MOBILE HOME SERVICE 100.00 AP 00342750 2013/12/11 ( GRAFFITI TRACKER INC 2,250.00 AP 00342756 2013/12/11 ( HENRY SCHEIN ANIMAL HEALTH SUPPLY 72.19 AP 00342779 2013/12/111 LOWES COMPANIES INC. 101.95 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 46.11 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 103.52 AP 00342764 2013/12/11 ( IDEAL GRAPHICS 135.00 AP 00342771 2013/12/11 l JOHN DEERE LANDSCAPES 112.37 AP 00342787 2013/12/11 ( MILANES,YIKCIA 412.50 AP 00342801 2013/12/11 1 OFFICE DEPOT 9.90 AP 00342801 2013/12/11 1 OFFICE DEPOT 29.42 AP 00342809 2013/12/11 ( PIXELPUSHERS INC 3,400.00 AP 00342812 2013/12/11 ( R AND R AUTOMOTIVE 45.14 AP 00342817 2013/12/11 ( RDO EQUIPMENT CO 1,710.00 AP 00342821 2013/12/11 l ROADRUNNER PHARMACY 575.26 AP 00342829 2013/12/111 SC FUELS 11.18 AP 00342834 2013/12/1 I 1 SIEMENS INDUSTRY INC 4,738.25 AP 00342846 2013/12/11 l STANDARD INSURANCE COMPANY 12,841.64 AP 00342870 2013/12/11 ( VERIZON CALIFORNIA 93.43 AP 00342863 2013/12/11 ( UPLAND ANIMAL HOSPITAL 50.00 AP 00342873 2013/12/11 ( WATUNG,CORRY 5.00 AP 00342880 2013/12/11 l WORLD BOOK INC 1,985.05 AP 00342891 2013/12/121 FORD OF UPLAND INC 53.95 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.87 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 30.21 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 428.48 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 26.75 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 686.69 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 85.69 AP 00342888 2013/12/12 ( CUCAMONGA VALLEY WATER DISTRICT 110.08 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 507.13 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 5,867.70 AP 00342785 2013/12/111 MIDWEST TAPE 207.89 AP 00342681 2013/12/11 1 ALL CITY MANAGEMENT SERVICES INC. 17,911.68 AP 00342690 2013/12/11 ( BASELINE TERMITE CO. 1,095.00 AP 00342700 2013/12/11 l CALIFORNIA FRANCHISE TAX BOARD 60.00 AP 00342715 2013/12/11 1 CONTACT SECURITY INC 2,909.76 AP 00342715 2013/12/11 1 CONTACT SECURITY INC 352.24 AP 00342718 2013/12/11 1 CORONA MOTORSPORTS 2,990.00 AP 00342728 2013/12/11 ( DEPARTMENT OF INDUSTRIAL RELATIONS 125.00 AP 00342740 2013/12/11 l FEDERAL EXPRESS CORP 20.27 AP 00342749 2013/12/11 ( GOOD YEAR WHOLESALE 159.86 AP 00342757 2013/12/11 ( HILLS PET NUTRITION SALES INC 818.75 User: VLOPEZ- VERONICA LOPEZ Page: 7 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC -CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P54 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 90.18 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. -84.12 AP 00342775 2013/12/11 ( LANDSCAPE STRUCTURES INC 149,552.04 AP 00342786 2013/12/11 I MIJAC ALARM COMPANY 102.00 AP 00342793 2013/12/11 1 NAPA AUTO PARTS 2.58 AP 00342829 2013/12/11 1 SC FUELS 13,841.91 AP 00342834 2013/12/11 1 SIEMENS INDUSTRY INC 800.00 AP 00342840 2013/12/11 ( SO CALIF GAS COMPANY 1,182.31 AP 00342851 2013/12/11 ( STERLING COFFEE SERVICE 478.71 AP 00342870 2013/12/11 I VERIZON CALIFORNIA 3,163.16 AP 00342870 2013/12/11 1 VERIZON CALIFORNIA 49.96 AP 00342867 2013/12/11 ( VALENZUELA, JOHN 31.84 AP 00342874 2013/12/11 ( WAXIE SANITARY SUPPLY 852.98 AP 00342892 2013/12/12( HOLLIDAY ROCK CO INC 627.45 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 t SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 80.99 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 34.84 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 58.33 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 198.89 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 112.56 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 104.61 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 797.26 AP 00342720 2013/12/11 ( CROP PRODUCTION SERVICES INC 3,453.97 AP 00342748 2013/12/11 l GOINS, DEE 391.28 AP 00342756 2013/12/11 ( HENRY SCHEIN ANIMAL HEALTH SUPPLY 38.18 AP 00342779 2013/12/11 I LOWES COMPANIES INC. 55.30 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 13.78 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 10.58 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 75.82 AP 00342768 2013/12/11 ( JACOBSEN WEST 19.83 AP 00342782 2013/12/11 ( MARTINEZ UNION SERVICE 45.00 AP 00342787 2013/12/11 ( MILANES, YIKCIA 325.00 AP 00342792 2013/12/11 1 MSA INLAND EMPIRE/DESERT CHAPTER 60.00 AP 00342823 2013/12/11 l RUBIO, RONDA 250.00 AP 00342830 2013/12/11 ( SHERIFFS COURT SERVICES 65.69 AP 00342852 2013/12/11 l STOTZ EQUIPMENT 100.80 AP 00342857 2013/12/11 ( TERRA VISTA ANIMAL HOSPITAL 50.00 AP 00342870 2013/12/11 1 VERIZON CALIFORNIA 46.22 AP 00342863 2013/12/11 ( UPLAND ANIMAL HOSPITAL 50.00 AP 00342874 2013/12/11 I WAXIE SANITARY SUPPLY 598.57 AP 00342883 2013/12/11 1 ZHU, LESLIE SALMON 2,450.00 AP 00342885 2013/12/121 CALSENSE 1,571.31 User: VLOPEZ- VERONICA LOPEZ Page: 8 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC -CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P55 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342890 2013/12/121 EWING IRRIGATION PRODUCTS 146.78 AP 00342893 2013/12/121 HYDRO SCAPE PRODUCTS INC 50.94 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.62 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 22.94 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 70.00 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 77.16 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 76.66 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 177.94 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 136.64 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 101.78 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 5,249.82 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 44.26 AP 00342785 2013/12/11 ( MIDWEST TAPE 241.43 AP 00342898 2013/12/12( MWI VETERINARY SUPPLY 336.42 AP 00342688 2013/12/11 ( BARBARA'S ANSWERING SERVICE 572.00 AP 00342705 2013/12/111 CARQUEST AUTO PARTS 108.09 AP 00342712 2013/12/11 l CLEARWATER GRAPHICS INC 8,488.80 AP 00342715 2013/12/11 ( CONTACT SECURITY INC 1,493.85 AP 00342723 2013/12/11 ( CURRY, KAREN 1,500.00 AP 00342732 2013/12/11 l DUBUCHE,SANDRA& VLADIMYR 3.00 AP 00342733 2013/12/11 1 DURADO,OLGA 250.00 AP 00342745 2013/12/111 GEOGRAPHICS 2,345.49 AP 00342751 2013/12/11 ( GRAINGER 426.90 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 9.40 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 9.04 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 71.61 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 132.81 AP 00342730 2013/12/11 1 DOMINGUEZ,ARLEN 250.00 AP 00342771 2013/12/11 1 JOHN DEERE LANDSCAPES 14.79 Ap 00342784 2013/12/11 ( MCMURRAY STERN INC 871.30 AP 00342791 2013/12/11 ( MOUNTAIN VIEW SMALL ENG REPAIR 7.00 AP 00342801 2013/12/11 ( OFFICE DEPOT 22.11 AP 00342801 2013/12/11 1 OFFICE DEPOT 65.59 AP 00342807 2013/12/11 ( PHOENIX PRODUCERS GROUP 4,400.00 AP 00342810 2013/12/11 ( PRE-PAID LEGAL SERVICES INC 109.26 Ap 00342816 2013/12/11 l RBM LOCK AND KEY SERVICE 220.32 AP 00342821 2013/12/11 ( ROADRUNNER PHARMACY 296.83 AP 00342829 2013/12/11 1 SC FUELS 720.33 AP 00342834 2013/12/11 1 SIEMENS INDUSTRY INC 2,800.00 AP 00342845 2013/12/11 ( SOUTHLAND FARMERS MARKET ASSOC INC 313.00 AP 00342862 2013/12/11 ( UNITED WAY 1.00 User: VLOPEZ- VERONICA LOPEZ Page: 9 Current Date: 12/18/; Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P56 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342872 2013/12/11 ( WALTERS WHOLESALE ELECTRIC CO -288.84 AP 00342889 2013/12/12( DUNN EDWARDS CORPORATION 122.48 AP 00342893 2013/12/12 l HYDRO SCAPE PRODUCTS INC 120.11 AP 00342844 2013/12/111 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 104.70 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 87.40 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 24.92 Ap 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.76 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 54.60 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 55.20 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 227.20 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 294.58 AP 00342888 2013/12/12 ( CUCAMONGA VALLEY WATER DISTRICT 353.08 AP 00342785 2013/12/11 ( MIDWEST TAPE 51.57 AP 00342707 2013/12/11 ( CDW-G 1,437.93 AP 00342717 2013/12/11 ( COPTIC INK TOURS LLC 772.80 AP 00342724 2013/12/11 l DAVID TAUSSIG AND ASSOCIATES INC. 76.00 AP 00342738 2013/12/11 ( ETIWANDA SCHOOL DISTRICT 705.00 AP 00342746 2013/12/11 ( GILKEY,JOHN 150.00 AP 00342751 2013/12/11 ( GRAINGER 38.72 AP 00342758 2013/12/111 HOME DEPOT CREDIT SERVICES 645 112.02 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 110.90 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 7.13 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 26.17 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 22.16 AP 00342771 2013/12/11 1 JOHN DEERE LANDSCAPES 110.14 AP 00342771 2013/12/111 JOFIN DEERE LANDSCAPES 1,262,62 AP 00342794 2013/12/11 1 NEW COLOR SCREEN PRINTING & EMBROIDER) 207.36 AP 00342800 2013/12/11 ( OCLC INC 48.98 AP 00342801 2013/12/11 ( OFFICE DEPOT 51.24 AP 00342801 2013/12/11 l OFFICE DEPOT 97.61 AP 00342806 2013/12/111 PARS 3,500.00 AP 00342810 2013/12/11 I PRE-PAID LEGAL SERVICES INC 11.40 AP 00342812 2013/12/11 ( R AND R AUTOMOTIVE 1,109.13 AP 00342813 2013/12/11 ( RANCHO CUCAMONGA FONTANA FAMILY YMC 6,920.00 AP 00342815 2013/12/11 I RANCHO SMOG CENTER 35.00 AP 00342817 2013/12/11 I RDO EQUIPMENT CO 5,960.00 AP 00342824 2013/12/111 RUTAN&TUCKER 16,227.62 AP 00342832 2013/12/11 I SHERIFFS COURT SERVICES 150.00 AP 00342835 2013/12/11 ( SIGMANET 4,400.00 AP 00342840 2013/12/111 SO CALIF GAS COMPANY 696.81 AP 00342870 2013/12/111 VERIZON CALIFORNIA 44.82 AP 00342865 2013/12/111 UPSTART 35.04 AP 00342874 2013/12/11 ( WAXIE SANITARY SUPPLY 1,025.35 AP 00342882 2013/12/11 ( ZEE MEDICAL INC 166.09 User: VLOPEZ- VERONICA LOPEZ Page: 10 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 14:5 • CITY OF RANCHO CUCAMONGA P57 • Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342844 2013/12/111 SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/111 SOUTHERN CALIFORNIA EDISON 25.33 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 40.96 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 207.82 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 177.40 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 1,111.07 AP 00342785 2013/12/1I1 MIDWEST TAPE 81.96 AP 00342836 2013/12/11 1 SIGNALSCAPE INC 17,119.05 AP 00342894 2013/12/12( INLAND VALLEY DAILY BULLETIN 596.36 AP 00342691 2013/12/11 l BIERMAN, V. 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CITY OF RANCHO CUCAMONGA P58 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. - Check Date Vendor Name Amoum AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 7,212.13 AP 00342888 2013/12/12 CUCAMONGA VALLEY WATER DISTRICT 360.88 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 291.19 AP 00342901 2013/12/12( UNIFIRST UNIFORM SERVICE 552.67 AP 00342785 2013/12/11 ( MIDWEST TAPE 257.87 AP 00342785 2013/12/11 ( MIDWEST TAPE 57.97 AP 00342895 2013/12/12( INTERSTATE BATTERIES 108.48 AP 00342898 2013/12/12( MWI VETERINARY SUPPLY 23.12 AP 00342898 2013/12/121 MWI VETERINARY SUPPLY 239.79 AP 00342679 2013/12/111 AEF SYSTEMS CONSULTING INC 15,487.50 AP 00342687 2013/12/11 l E S BABCOCK AND SONS INC 830.00 AP 00342831 2013/12/11 ( SHERIFFS COURT SERVICES 30.51 AP 00342835 2013/12/11 ( SIGMANET 2,100.00 AP 00342840 2013/12/11 l SO CALIF GAS COMPANY 547.43 AP 00342848 2013/12/11 l STARR,CHERYL 750.00 AR 00342855 2013/12/11 1 SUNSHINE GROWERS NURSERY INC 36.72 AP 00342870 2013/12/11 ( VERIZON CALIFORNIA 94.80 AP 00342870 2013/12/11 I VERIZON CALIFORNIA 44.82 AP 00342874 2013/12/11 l WAXIE SANITARY SUPPLY 1,114.73 AP 00342882 2013/12/11 ( ZEE MEDICAL INC 411.34 AP 00342884 2013/12/121 ABC LOCKSMITHS 53.98 AP 00342844 2013/12/111 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 54.22 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 34.14 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.61 Ap 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 114.48 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 1,816.99 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 2,995.65 AR 00342785 2013/12/11 ( MIDWEST TAPE 13.99 AP 00342785 2013/12/11 ( MIDWEST TAPE 67.95 AP 00342894 2013/12/12 ( INLAND VALLEY DAILY BULLETIN 508.58 AP 00342896 2013/12/12 ( LIMS AUTO INC 92.58 AP 00342685 2013/12/11 l ATOM ENGINEERING CONTRUCTION INC -3,718.68 AP 00342708 2013/12/11 I CHAMPION AWARDS AND SPECIALTIES 25.92 AP 00342732 2013/12/11 1 DUBUCHE, SANDRA&VLADIMYR 100.00 AP 00342748 2013/12/11 l GOINS, DEE 500.00 AP 00342752 2013/12/11 ( GRANICUS INC 650.00 AP 00342779 2013/12/11 I LOWES COMPANIES INC. 28.66 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 88.07 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 508.16 AP 00342766 2013/12/11 l INLAND LIBRARY SYSTEM 10.00 AP 00342780 2013/12/11 ( MACS SPRING SHOP 101.09 AP 00342787 2013/12/11 l MILANES,YIKCIA 75.00 AP 00342791 2013/12/11 ( MOUNTAIN VIEW SMALL ENG REPAIR 199.82 User: VLOPEZ- VERONICA LOPEZ Page: 12 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P59 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342852 2013/12/1 I ( STOTZ EQUIPMENT 325.92 AP 00342870 2013/12/11 l VERIZON CALIFORNIA 20.14 AP 00342870 2013/12/11 ( VERIZON CALIFORNIA 46.22 AP 00342863 2013/12/11 1 UPLAND ANIMAL HOSPITAL 50.00 AP 00342874 2013/12/11 1 WAXIE SANITARY SUPPLY 1,240.20 AP 00342879 2013/12/11 l WILSON AND BELL 141.66 AP 00342884 2013/12/12 ( ABC LOCKSMITHS 127.96 AP 00342890 2013/12/12( EWING IRRIGATION PRODUCTS 264.90 AP 00342893 2013/12/121 HYDRO SCAPE PRODUCTS INC 6.57 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 76.17 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 25.76 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 391.34 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 145.51 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 45.98 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 155.03 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 136.64 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 3,472.61 AP 00342888 2013/12/12 CUCAMONGA VALLEY WATER DISTRICT 195.72 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 100.12 AP 00342785 2013/12/111 MIDWEST TAPE 233.88 AP 00342680 2013/12/11 ( AGILINE LLC 2,850.00 AP 00342702 2013/12/111 CALIFORNIA, STATE OF 62.50 AP 00342710 2013/12/11 ( CHAPQUIST ENTERTAINMENT INC. -567.00 AP 00342715 2013/12/11 1 CONTACT SECURITY INC 200.00 Ap 00342721 2013/12/11 l CSD LAND SURVEYING 1,750.00 AP 00342727 2013/12/11 1 DEPARTMENT ISSUE INCORPORATED 125.28 AP 00342732 2013/12/11 1 DUBUCHE, SANDRA& VLADIMYR 4.00 AP 00342740 2013/12/11 I FEDERAL EXPRESS CORP 15.69 AP 00342750 2013/12/11 ( GRAFFITI TRACKER INC 2,250.00 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 118.80 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 125.80 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 127.60 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 73.79 AP 00342767 2013/12/11 l INLAND PRESORT& MAILING SERVICES 69.48 AP 00342773 2013/12/11 1 KLAUS AND SONS 3,600.00 AP 00342787 2013/12/11 1 MILANES,YIKCIA 50.00 AP 00342801 2013/12/111 OFFICE DEPOT 45.28 AP 00342801 2013/12/11 ( OFFICE DEPOT 73.70 AP 00342805 2013/12/11 ( PAL CAMPAIGN 10.00 AP 00342809 2013/12/11 1 PIXELPUSHERS INC 4,690.00 Ap 00342815 2013/12/11 ( RANCHO SMOG CENTER 35.00 AP 00342817 2013/12/11 ( RDO EQUIPMENT CO 2,529.55 User: VLOPEZ- VERONICA LOPEZ Page: 13 Current Date: 12/18/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P60 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amount AP 00342829 2013/12/11 1 SC FUELS 1,308.09 AP 00342834 2013/12/11 1 SIEMENS INDUSTRY INC 1,600.00 AP 00342834 2013/12/11 l SIEMENS INDUSTRY INC 12,725.00 AP 00342845 2013/12/11 ( SOUTHLAND FARMERS MARKET ASSOC INC 1,055.00 AP 00342868 2013/12/11 ( Verizon 30.25 AP 00342872 2013/12/11 ( WALTERS WHOLESALE ELECTRIC CO 521.94 AP 00342874 2013/12/11 1 WAXIE SANITARY SUPPLY 899.80 AP 00342889 2013/12/121 DUNN EDWARDS CORPORATION 14.00 AP 00342893 2013/12/121 HYDRO SCAPE PRODUCTS INC 236.10 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 73.16 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.33 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 26.83 AP 00342844 2013/12/11 1 SOUTHERN CALIFORNIA EDISON 15.21 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 24.92 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 150.71 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 73.60 AP 00342888 2013/12/12 l CUCAMONGA VALLEY WATER DISTRICT 289.24 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 253.63 AP 00342888 2013/12/121 CUCAMONGA VALLEY WATER DISTRICT 657.46 AP 00342677 2013/12/11 l A&V SOFTBALL 5,022.00 AP 00342685 2013/12/11 ( ATOM ENGINEERING CONTRUCTION INC 74,373.50 AP 00342698 2013/12/11 I CALIFORNIA FRANCHISE TAX BOARD 150.00 AP 00342705 2013/12/11 I CARQUEST AUTO PARTS 52.38 AP 00342715 2013/12/11 I CONTACT SECURITY INC 1,247.04 AP 00342715 2013/12/11 I CONTACT SECURITY INC 500.00 AP 00342718 2013/12/11 I CORONA MOTORSPORTS 2,990.00 AP 00342734 2013/12/11 1 DURKEL,CAROL 82.49 AP 00342748 2013/12/11 I GOINS, DEE 108.72 AP 00342757 2013/12/11 l HILLS PET NUTRITION SALES INC 1,280.27 AP 00342762 2013/12/11 l HUMANE SOCIETY OF SAN BERNARDINO VALL: 471.00 AP 00342779 2013/12/11 l LOWES COMPANIES INC. 127.15 AP 00342769 2013/12/11 I JACQUES, PAUL 750.00 AP 00342780 2013/12/11 1 MACS SPRING SHOP 690.56 AP 00342792 2013/12/11 1 MSA INLAND EMPIRE/DESERT CHAPTER 45.00 AP 00342825 2013/12/11 l SALCEDO,GABRIELA 100.00 AP 00342829 2013/12/11 ( SC FUELS 419.31 AP 00342838 2013/12/11 ( SLS 20.00 AP 00342840 2013/12/11 1 SO CALIF GAS COMPANY 101.29 AP 00342859 2013/12/11 1 TESSIER,JEAN YVES 1,000.00 AP 00342870 2013/12/11 l VERIZON CALIFORNIA 46.22 AP 00342861 2013/12/11 l UNITED ROTARY BRUSH CORPORATION 130.10 AP 00342874 2013/12/11 I WAXIE SANITARY SUPPLY 1,795,71 AP 00342876 2013/12/11 1 WELTER, HANNAH 500.00 AP 00342892 2013/12/121 HOLLIDAY ROCK CO INC 150.00 User: VLOPEZ- VERONICA LOPEZ Page: 14 Current Date: 12/l8/; Report: CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P61 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 34.69 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 25.07 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 14.75 AP 00342844 2013/12/11 l SOUTHERN CALIFORNIA EDISON 119.78 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 33.54 AP 00342844 2013/12/11 I SOUTHERN CALIFORNIA EDISON 525.63 AP 00342844 2013/12/11 ( SOUTHERN CALIFORNIA EDISON 224.12 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 180.04 AP 00342888 2013/12/12( CUCAMONGA VALLEY WATER DISTRICT 755.30 AP 00342785 2013/12/11 1 MIDWEST TAPE 65.96 AP 00342785 2013/12/111 MIDWEST TAPE 118.90 AP 00342836 2013/12/11 1 SIGNALSCAPE INC 7,519.95 AP 00342896 2013/12/12( LIMS AUTO INC 68.42 AP 00342898 2013/12/12( MWI VETERINARY SUPPLY ' 17.69 AP 00342678 2013/12/11 1 ACEY DECY EQUIPMENT INC. 372.47 AP 00342693 2013/12/11 I BONDS, SANDRA 66.00 AP 00342706 2013/12/11 ( CASTILLO,JESSIE -62.50 AP 00342714 2013/12/11 ( CONCEPTUAL SITE FURNISHINGS INC. 4,600.32 AP 00342735 2013/12/11 1 EMPIRE ECONOMICS INC 11,500.00 AP 00342751 2013/12/111 GRAINGER 16.59 AP 00342755 2013/12/11 I HELLER ARCHITECT,JOHN 8,330.00 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 156.17 AP 00342779 2013/12/11 ( LOWES COMPANIES INC. 260.25 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 122.05 AP 00342779 2013/12/11 1 LOWES COMPANIES INC. 41.22 AP 00342764 2013/12/11 I IDEAL GRAPHICS 4,968.00 AP 00342771 2013/12/11 I JOHN DEERE LANDSCAPES 11.02 AP 00342781 2013/12/11 l MARIPOSA HORTICULTURAL ENT INC 108.00 AP 00342790 2013/12/11 ( MOUNTAIN VIEW GLASS AND MIRROR INC 255.00 AP 00342799 2013/12/11 l OASIS COMMERCIAL DEVELOPMENT LLC 545.00 AP 00342801 2013/12/11 ( OFFICE DEPOT 385.30 AP 00342801 2013/12/I1 1 OFFICE DEPOT 31.60 AP 00342804 2013/12/11 I OPEN APPS INC 660.00 AP 00342809 2013/12/11 ( PIXELPUSHERS INC 155.00 AP 00342812 2013/12/11 l R AND R AUTOMOTIVE 199.46 AP 00342813 2013/12/11 1 RANCHO CUCAMONGA FONTANA FAMILY YMC 3,938.36 AP 00342814 2013/12/11 I RANCHO REGIONAL VETERINARY HOSPITAL IN 50.00 Ap 00342817 2013/12/11 I RDO EQUIPMENT CO 2,560.00 EP 00003900 2013/12/11 ( RIVERSIDE,CITY OF 6,052.00 EP 00003897 2013/12/11 l CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,425.00 EP 00003898 2013/12/11 1 CITIGROUP ENERGY INC 155,004.80 EP 00003896 2013/12/111 AECOM 40,499.59 EP 00003897 2013/12/11 ( CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,275.00 User: VLOPEZ- VERONICA LOPEZ Page: 15 Current Date: 12/18/: Report CK AGENDA REG PORTRAIT RC -CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P62 Agenda Check Register 12/11/2013 through 12/17/2013 Check No. Check Date Vendor Name Amouni EP 00003899 2013/12/11 RCPFA 9,653.22 Total for Entity: 1,1 15,542.51 User: VLOPEZ- VERONICA LOPEZ Page: 16 Current Date: 12/18/: Report CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:5 CITY OF RANCHO CUCAMONGA P63 Agenda Check Register 12/18/2013 through 1/7/2014 Check No. Check Date Vendor Name Amouni AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 28.57 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 26.76 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 26.61 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 28.70 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 63.82 AP 00343102 2013/12/18 l SOUTHERN CALIFORNIA EDISON 26.61 AP 00343102 2013/12/18 I SOUTHERN CALIFORNIA EDISON 140.78 AP 00343102 2013/12/18 ( SOUTHERN CALIFORNIA EDISON 28.57 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 28.27 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 26.74 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 26.76 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 81.28 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 28.20 AP 00343141 2013/12/18( VERIZON WIRELESS - LA 38.01 AP 00343141 2013/12/18( VERIZON WIRELESS - LA 63.70 AP 00343141 2013/12/18( VERIZON WIRELESS-LA 38.01 AP 00343141 2013/12/18( VERIZON WIRELESS-LA 60.21 AP 00343141 2013/12/18( VERIZON WIRELESS-LA 0.22 AP 00343141 2013/12/181 VERIZON WIRELESS- LA 0.22 AP 00343141 2013/12/181 VERIZON WIRELESS- LA 38.01 AP 00343141 2013/12/181 VERIZON WIRELESS- LA 0.22 AP 00343141 2013/12/181 VERIZON WIRELESS- LA 38.01 AP 00343141 2013/12/18 ( VERIZON WIRELESS- LA 51.75 AP 00343141 2013/12/181 VERIZON WIRELESS- LA 36.72 AP 00343141 2013/12/18 ( VERIZON WIRELESS - LA 36.72 AP 00343141 2013/12/18 1 VERIZON WIRELESS - LA 71.61 AP 00343141 2013/12/181 VERIZON WIRELESS - LA 38.01 AP 00343141 2013/12/18( VERIZON WIRELESS -LA 25.59 AP 00343141 2013/12/18( VERIZON WIRELESS- LA -1.09 AP 00343007 2013/12/18( INLAND VALLEY DANCE ACADEMY 1,830.00 AP 00343021 2013/12/181 MARIPOSA HORTICULTURAL ENT INC 1,158.82 AP 00343023 2013/12/18 ( MATANGA,JULIE EDWARD 237.00 AP 00343033 2013/12/181 NATIONAL DATA& SURVEYING SERVICES 144.00 AP 00343038 2013/12/181 OFFICE DEPOT 1,115.97 AP 00343038 2013/12/181 OFFICE DEPOT 549.22 AP 00343038 2013/12/18 1 OFFICE DEPOT -8.81 AP 00343038 2013/12/181 OFFICE DEPOT 10.90 AP 00343038 2013/12/181 OFFICE DEPOT 56.14 AP 00343038 2013/12/18( OFFICE DEPOT • 56.15 AP 00343047 2013/12/18 ( PAR ELECTRICAL CONTRACTORS INC 100.00 AP 00343057 2013/12/18 ( PITASSI ARCHITECTS INC 6,115.00 AP 00343069 2013/12/181 RAINEY, LATREACE 45.00 AP 00343076 2013/12/181 RICHARDS WATSON AND GERSHON 210.00 AP 00343084 2013/12/18( SENECHAL, CALVIN 46.80 AP 00343093 2013/12/181 SKILLPATH SEMINARS 139.00 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 01/08/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 16:5 CITY OF RANCHO CUCAMONGA P64 Agenda Check Register 12/18/2013 through 1/7/2014 Check No. Check Date Vendor Name Amouni AP 00343095 2013/12/18( SOCAL PIANOS 750.00 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 1,437.92 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 26.04 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 232.41 AP 00343102 2013/12/18 ( SOUTHERN CALIFORNIA EDISON 28.62 AP 00343102 2013/12/18 1 SOUTHERN CALIFORNIA EDISON 25.50 AR 00343102 2013/12/18 1 SOUTHERN CALIFORNIA EDISON 749.09 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 26.88 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 26.74 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 39.10 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 75.99 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 117.31 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 1,870.03 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 60.49 AP 00342934 2013/12/18( CAPITAL ONE COMMERCIAL 71.96 AP 00343141 2013/12/18 ( VERIZON WIRELESS- LA 25.59 AP 00343141 2013/12/18 l VERIZON WIRELESS-LA 38.01 AP 00343141 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2013/12/18( SOUTHERN CALIFORNIA EDISON 4,886.44 AP 00342934 2013/12/18( CAPITAL ONE COMMERCIAL 226.00 AP 00342934 2013/12/18( CAPITAL ONE COMMERCIAL 111.89 AP 00343141 2013/12/18( VERIZON WIRELESS - LA 25.59 AP 00343141 2013/12/18( VERIZON WIRELESS - LA 25.59 AP 00343141 2013/12/18( VERIZON WIRELESS -LA 25.59 AP 00343141 2013/12/18( VERIZON WIRELESS - LA 36.72 AP 00343141 2013/12/18( VERIZON WIRELESS - LA 31.96 AP 00343141 2013/12/18 ( VERIZON WIRELESS-LA 0.22 AP 00343003 2013/12/18 ( IDEAL GLASS TINTING 352.00 AP 00343009 2013/12/18 ( 101-IN DEERE LANDSCAPES 205.58 AP 00343016 2013/12/18 ( LOS ANGELES FREIGHTLINER 135.55 AP 00343028 2013/12/181 MIJAC ALARM COMPANY 17.00 AP 00343033 2013/12/181 NATIONAL DATA& SURVEYING SERVICES 192.00 AP 00343038 2013/12/181 OFFICE DEPOT 336.83 AP 00343038 2013/12/181 OFFICE DEPOT 42.83 AP 00343038 2013/12/18( OFFICE DEPOT 93.33 AP 00343038 2013/12/18( OFFICE DEPOT -23.56 AP 00343070 2013/12/18( RANCHO CUCAMONGA FONTANA FAMILY YMC 8,291.05 AP 00343076 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1/7/2014 Check No. Check Date Vendor Name Amoum AP 00343134 2013/12/18( VALLEY CREST LANDSCAPE 9,673.90 AP 00343137 2013/12/18( VERIZON CALIFORNIA 19.59 AP 00343137 2013/12/18( VERIZON CALIFORNIA 46.22 AP 00343137 2013/12/18 l VERIZON CALIFORNIA 44.82 AP 00343027 2013/12/181 MIDWEST TAPE 193.07 AP 00343172 2013/12/191 BRODART BOOKS 12.91 AP 00343172 2013/12/191 BRODART BOOKS • 243.47 AP 00343172 2013/12/191 BRODART BOOKS 60.04 AP 00343172 2013/12/191 BRODART BOOKS 255.71 AP 00343172 2013/12/191 BRODART BOOKS 4.48 AP 00343172 2013/12/191 BRODART BOOKS 4.48 AP 00343172 2013/12/191 BRODART BOOKS 22.35 AP 00343189 2013/12/191 CUCAMONGA VALLEY WATER DISTRICT 182.38 AP 00343189 2013/12/191 CUCAMONGA VALLEY WATER DISTRICT 48.63 AP 00343189 2013/12/191 CUCAMONGA VALLEY WATER DISTRICT 288.73 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 152.50 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 189.02 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 407.68 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 354.10 Ap 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 505,18 AP 00343113 2013/12/18( THOMPSON PLUMBING SUPPLY 42.23 AP 00343114 2013/12/18( TICKETS.COM INC 1,001.71 AP 00342927 2013/12/18 ( CALIFORNIA FRANCHISE TAX BOARD 60.00 AP 00343183 2013/12/191 TRUGREEN LANDCARE 5,034.05 AP 00342904 2013/12/18 l ADVANCED CHEMICAL TRANSPORT 159.50 AP 00342916 2013/12/18 ( AVANTS, MARGE 79.80 AP 00342926 2013/12/18 ( CALIFORNIA FACTORS& FINANCE 11,368.08 AP 00342944 2013/12/181 CLEARWATER GRAPHICS INC 84.85 AP 00342953 2013/12/18 ( CONTACT SECURITY INC 2,961.72 AP 00342959 2013/12/181 DANCE TERRIFIC 409.40 AP 00342964 2013/12/181 DUMBELL MAN FITNESS EQUIPMENT,THE 162.00 AP 00342972 2013/12/181 EN POINTE TECHNOLOGIES SALES INC 4,604.17 AP 00342980 2013/12/18( FRIENDS OF THE PACIFIC ELECTRIC TRAIL 1,000.00 AP 00342990 2013/12/18( GW CRYSTAL 345.06 AP 00342998 2013/12/18( HINOJOS, KERI 2,250.00 AP 00343126 2013/12/18( UNI CHEM 235.43 AP 00343137 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00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 132.98 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 227.20 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 141.62 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 600.82 AP 00343189 2013/12/19( CUCAMONGA VALLEY WATER DISTRICT 87.18 AP 00342915 2013/12/181 AUFBAU CORPORATION 6.00 AP 00343148 2013/12/181 VISION COMMUNICATIONS CO 1,288.17 AP 00343154 2013/12/18 l WALTERS WHOLESALE ELECTRIC CO 1 17.81 AP 00343157 2013/12/181 WEST SANITATION SERVICES INC 386.90 AP 00342930 2013/12/181 CALIFORNIA FRANCHISE TAX BOARD 150.00 Ap 00342903 2013/12/181 ADOBE ANIMAL HOSPITAL 50.00 AP -00342904 2013/12/181 ADVANCED CHEMICAL TRANSPORT 96.50 AP 00342907 2013/12/181 AGAPE EMPLOYMENT 332.48 AP 00342912 2013/12/181 AROCHO,ALMA 126.00 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 236.46 AP 00343102 2013/12/18( SOUTHERN CALIFORNIA EDISON 28.57 AP 00343102 2013/12/181 SOUTHERN CALIFORNIA EDISON 28.49 AP 00343102 2013/12/181 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O O 0 V E p m ti o S 8 < 0 c 0 m 0 C LL 0 N 0 0 c E o 1- v n LL Q LL o ¢ ti Q a J" F LL o Q y a 73 8 p p m vN u n 0 _ v ._ - .. m p W ii < • v m m °' 'n v '5 c '- 2 T.∎ `m 1O v c ° v ° 2 0 a 'o v c Cr v v v N 3E38, 3 3 0 a N K K a` = 2 m Q Q N - a` 2i 0 CC 0 = R m v C 0 a =L OI T OI C N a N co 0 p a n .c 2 a 3 3 3 Z t W U 0 4 c J 0 U to m LL p a) I to E ...."1 (p W t0 N 0 2 N c N o Z E • 3 >o K 5 v a w 0 c 1' `m C I N O W CO o C (0 Z E ea c tt > 4 0 v O 9 O 4 Q to N S N 0 oN c., N Q L U H p 0 o J Z • Z Z Q al O 0 0 0 Z U 0 0 I- • ce; P99 STAFF REPORT kijr COMMUNITY SERVICES DEPARTMENT Date: January 15, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Karen McGuire-Emery, Senior Park Planner Shelley Hayes, Assistant Engineer Subject: ACCEPT THE CENTRAL PARK CARPETING PROJECT, CONTRACT NO. 13-145 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $93,444.60 RECOMMENDATION It is recommended that the City Council accept the Central Park Carpeting project, Contract No. 13-145, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $91,101.17 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $4,672.23 35 days after acceptance. Also approve the final contract amount of$93,444.60. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. • The Central Park Carpeting project scope of work consisted of the removal of existing carpeting and purchase and installation of new carpet tiles through the Central Park Community Center, excluding the office areas. Pertinent information of the project is as follows: • Budgeted Amount: $100,000.00 > Account Numbers: 1025001-5602 • City Council Approval to Advertise: May 15, 2013 > Publish dates for local paper: May 21 and 23, 2013 > Bid Opening: June 4, 2013 • Contract Award Date: June 19, 2013 > Low Bidder: G&S Carpet Mills Inc. > Contract Amount: $91,101.17 • Contingency: $3,890.00 Final Contract Amount: $93,444.60 P100 CITY COUNCIL STAFF REPORT Re: CENTRAL PARK CARPETING PROJECT JANUARY 15, 2014 PAGE 2 ➢ Difference in Contract Amount: $2,343.43 (2.57%) The net increase in the total cost of the project is a result of Change Order No. 1. The notable change that was significant to the increase of the Contract amount was purchasing and replacing damaged wall base and installing carpet reducer. Resp ectfully submitted, q/t*0 ��P,I�c f� Nettie Nielsen Community Services Director /sh Attachment • P101 RESOLUTION NO. 14-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CENTRAL PARK CARPETING PROJECT CONTRACT NO. 13- 145 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Central Park Carpeting project, Contract No. 13-145, has 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 Bernardino County. P102 STAFF REPORT kice\ COMMUNITY SERVICES DEPARTMENT RANCHO Date: January 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director j By: Karen McGuire-Emery, Senior Park Plann VY Shelley Hayes, Assistant Engineer Subject: RELEASE OF MAINTENANCE GUARANTEE BOND NO. M5139351 IN THE AMOUNT OF $22,609.66, FOR THE FREEDOM COURTYARD PROJECT, CONTRACT NO. 12- 061 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond No. M5139351 in the amount of $22,609.66, for the Freedom Courtyard project, Contract No. 12-061. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: MG Enterprises Inc. 6072 Shirley Ave Tarzana, CA 91356 Respectfully submitted, g61410 \ct Nettie Nielsen Community Services Director sh P103 STAFF REPORT %J ADMINISTRdTIVE SERVICES GROUP 1. Date: January 15, 2014 RANCHO CUCAIONGA To: Mayor and Members of City Council John Gillison, City Manager I/ From: Lori Sassoon, Deputy City Manager/Administrative Services �'�J By: Keri Hinojos, CPPB, Senior Buyer V/ Subject: APPROVAL TO UTILIZE A COMPETITIVELY BID COOPERATIVE AGREEMENT FOR JANITORIAL SUPPLIES, AWARDED TO NETWORK SERVICES TO BE FUNDED FROM VARIOUS CITYWIDE ACCOUNTS, IN ACCORDANCE WITH THE ADOPTED BUDGET. RECOMMENDATION Staff recommends the City Council approve the purchase of citywide janitorial supplies and other related products from Network Services, utilizing Contract Number 100489, awarded by National Intergovernmental Purchasing Alliance (National IPA), funded by various citywide account numbers in accordance with the adopted fiscal year budgets. BACKGROUND As part of an ongoing review of City operations, the City's current procurement of janitorial supplies and other related products was examined. Staff was advised that the current cooperative agreement being utilized for these products was expiring and was not going to be renewed. The Purchasing Division has identified a viable cooperative purchasing option from National IPA awarded to Network Services, utilizing WAXIE Sanitary Supply as the local provider to supply the required products. Per the City of Rancho Cucamonga's Municipal Code (RCMC), Section 3.08.070, the City may award contracts when the purchase is beneficial to the interest of the City and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive process by another governmental agency. Network Services was awarded the contract from National IPA, with the City of Tucson, Arizona acting as the lead agency. The Agreement allows other government agencies to utilize the Contract at the same prices, terms and conditions. Staff has reviewed the Contract and is satisfied that it meets the City's requirements. The City will receive an average discount off of the most recent published list prices. Therefore, staff recommends that the City Council authorize the use of Contract Number 100489, awarded by National IPA to Network Services, for the remainder of Fiscal Year 2013/2014, and authorize staff to utilize future renewals as awarded by National IPA, to be funded by various citywide account numbers in accordance with the adopted fiscal year budgets. All contract documentation is on file in Purchasing. P104 STAFF REPORT + f, PUBLIC WORKS SERVICES DEPARTMENT �� • Date: January 15, 2014 +J. To: Mayor and Members of the City Council RANCHO John R. Gillison, City Manager t UCAMONGA From: William Wittkopf, Public Works Services Director Mike Bell, Fire Chief .• By: Ty Quaintance, Facilities Superintendent Subject: APPROVE AND AUTHORIZE A PROFESSIONAL SERVICES AGREEMENT (CO 14-001) WITH ASSI SECURITY TO INSTALL ACCESS CONTROLS AT VARIOUS FIRE STATIONS IN THE AMOUNT OF $118,250 (PLUS $11,750 CONTINGENCY); AND, APPROVAL TO INCREASE THE ANNUAL SERVICE CONTRACT (CO 12-071) IN AN AMOUNT NOT TO EXCEED $100,000 ANNUALLY FOR THE MAINTENANCE AND REPAIR OF ACCESS CONTROLS AND RELATED SECURITY SERVICES FOR THE EXISITNG CITY FACILITIES AS WELL AS THE ADDITIONAL SCOPE OF WORK TO INCLUDE THE FIRE FACILITIES, THE NEW PUBLIC WORKS SERVICES CENTER, AND HOUSEHOLD HAZARDOUS WASTE FACILITY TO BE FUNDED FROM VARIOUS GENERAL FUND AND FIRE DISTRICT ACCOUNTS AS APPROVED IN THE FISCAL YEAR 2013- 2014 BUDGET RECOMMENDATION It is recommended that the City Council approve and authorize a Professional Service Agreement (CO 14-001) with ASSI Security to install access controls at various fire stations in the amount of $118,250 (plus $11,750 contingency); and, approval to increase the annual contract (CO 12-071) in an amount not to exceed $100,000 annually for the maintenance and repair of access controls and related security services to include card key replacements, card reader replacements and repairs, camera system trouble shooting and replacement, recording system maintenance, building monitoring and software upgrades for the existing City facilities and the additional scope of work to include the Fire facilities, the new Public Works Services Center and Household Hazardous Waste facility; to be funded from various General Fund and Fire District accounts as approved in the Fiscal Year 2013-2014 Budget. BACKGROUND/ANALYSIS On April 16, 2008, the City Council approved ASSI Security of Irvine, California as the single source vendor for citywide repairs, maintenance'and upgrades of City access control and related security services. With the need for consistent, highly confidential care of City and Fire security systems, the Fire District has chosen ASSI Security for a one time project to install video surveillance and card key access on exterior perimeter doors for Stations 173, 176 and 177 with work to commence upon the City Council's approval. There is no additional appropriation of funds needed, as this project was included in the approved Fiscal Year 2013-2014 budget. ' With the addition of Fire Stations 173, 176 and 177 as well as the new Public Works Services Center and Household Hazardous Waste facilities to the vendor's scope of work, staff is also requesting an increase in the contract "Not to Exceed" amount to cover the maintenance and repairs of access controls and related security services for these additional facilities. ASSI Security of Irvine, California has provided excellent services and in the past, therefore staff recommends the City Council approve the spending limit increase for the maintenance and repair of access controls and related security services as well as approve and authorize a Professional Services Agreement to install access controls at various Fire Stations. Respectfully submitted, William Wittkopf ike Bell Public Works Services Director Fire Chief P105 STAFF REPORT ENGINEERING SERVICES DEPARTMENT RANC HO Date: January 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Craig Cruz, Assistant Engineer Subject: APPROVAL FOR AN EXPENDITURE OF $80,320.00 TO ECONOLITE CONTROL PRODUCTS, INC., FOR THE INSTALLATION, CONFIGURATION, INTEGRATION, TRAINING AND TESTING OF CENTRACS SOFTWARE AND RELATED HARDWARE FOR THE TRAFFIC MANAGEMENT CENTER UPGRADE PROJECT CITYWIDE, TO BE FUNDED FROM TRANSPORTATION FUND, ACCOUNT NO. 11243035650/1831124-0 RECOMMENDATION It is recommended that the City Council approve an expenditure in the amount of $80,320.00 to Econolite Control Products, Inc., for the installation, configuration, integration, training, and testing of Centracs software and related hardware for the Traffic Management Center Upgrade Project Citywide, to be funded from Transportation fund, Account No. 11243035650/1831124-0. BACKGROUND/ANALYSIS As part of the Traffic Management Center Upgrade Project Citywide, Phase 2 is comprised of the installation, configuration, integration, training, and testing of Centracs software and related hardware. The purchasing of Centracs software and licenses, also known as Phase 1, was approved at the June 19, 2013 City Council Meeting. Funds are budgeted in the Transportation Fund, Account No. 11243035650/1831124-0 to cover the proposed expenditure of$80,320.00. The City currently maintains 188 traffic signals, and the majority of these intersections are currently managed by Aries software. Upgrading to Centracs software will provide the latest technology to communicate to our intersections. The direct connection networking as opposed to the master-client communication will allow for a faster, more reliable, and more upgradeable system. Benefits include, but are not limited to, better monitoring and coordination for improved maintenance, traffic flow and safety. Phase 2 of this project is for the installation of the purchased Centracs software from Phase 1, integration at 12 signalized intersections, 1 year software maintenance agreement, training and acceptance. Both phases will integrate 12 intersections along 19th Street and Haven Avenue with the Centracs software and will provide licensing for the remaining intersections throughout the City. As traffic signal communication infrastructure is constructed or renovated, more intersections will be integrated with Centracs until all intersections are managed by Centracs. P1O6 CITY COUNCIL STAFF REPORT Re: Econolite Control Products — Phase 2 January 15, 2014 Page 2 Both phases are required to implement the software upgrade. The contracts for both phases will be coordinated to ensure that a complete and operational system is purchased for this first stage of implementation. Respectfully submitted, - • . Steuer Director of Engineering Services/City Engineer MAS/CC:Is • P107 ;4 STAFF REPORT (6 PLANNING DEPARThIENT LJ DATE: January 15, 2014 RANCHO TO: Mayor and Members of the City Council CUCAMONGA John Gillison, City Manager FROM: Candyce Burnett, Planning Manager BY: Thomas Grahn, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2012- 01036—2013 HOUSING ELEMENT UPDATE— CITY OF RANCHO CUCAMONGA—An update of the City's Housing Element in accordance with Article 10.6, Section 65580- 65589.8 of the California Government Code. Staff has prepared a Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council approve General Plan Amendment (GPA) DRC2012-01036 for the draft 2013 Housing Element Update through adoption of the attached Resolution, as recommended by the Planning Commission on March 27, 2013. Staff also recommends the City Council adopt the Negative Declaration of environmental impacts. BACKGROUND: To improve the readability of the draft 2013 Housing Element Update and quickly identify where the 2008 Housing Element text was changed, the updated text utilizes the track changes editing feature with underline to denote any text additions and strikeout to denote any text deletions. This format was used for the update reviewed by the Planning Commission and California Department of Housing and Community Development (HCD). The revisions in the attached update continue with this method of editing, but also provides yellow highlights for those revisions that were made addressing HCD's comments. Rancho Cucamonga Planning Commission The draft 2013 Housing Element Update was presented to the Planning Commission on March 27, 2013. At that meeting staff presented the Housing Element, provided information on statutory changes effecting its development, and provided information on major substantive changes to the document itself. The Planning Commission reviewed the draft 2013 Housing Element Update, recommended approval to the City Council, and directed staff to submit the draft 2013 Housing Element Update to the HCD for their review. State of California Department of Housing and Community Development HCD has the responsibility of reviewing draft housing elements and report the findings of that review to the locality pursuant to Government Code Section 65585(h). HCD is statutorily provided 60 days to review a draft document and 90 days to review an adopted document. The City's draft Housing Element was submitted to HCD on two separate occasions including the following dates: • Staff submitted the document to HCD on April 3, 2013. • The City received comments from HCD on June 10, 2013. • HCD comments identified 4 relatively minor revisions that would be necessary for the document to comply with State housing law. These comments include the following: • P108 CITY COUNCIL STAFF REPORT DRC2012-01036—CITY OF RANCHO CUCAMONGA January 15, 2014 Page 2 o Fully describe the City's Reasonable Accommodations process and procedures. o Provide further description of the proposed Inclusionary Housing Program. o Correct Transitional and Supportive Housing discussions to delete references to occupancy limitations. o Complete the Emergency Shelter Program to permit emergency shelters in a district without a discretionary action. This change had to occur before the revised Housing Element Update could be resubmitted to HCD for additional review. • On December 19, 2013 a revised draft 2013 Housing Element Update was submitted to HCD for a formal review. • On January 7, 2014, the City received notification from HCD that "the revised draft housing element meets statutory requirements" and will comply with State housing element law when these revisions are adopted and submitted to the Department, pursuant to Government Code Section 65585(g). ANALYSIS: The Housing Element contains five distinct sections: 1) Introduction, 2) Housing Needs Assessment, 3) Housing Constraints, 4) Housing Resources, and 5) Housing Plan. • The Introduction provides information on the purpose and intent of the document, the applicable legislative authority, how the document is organized, and information on public participation. • The Housing Needs Assessment section discusses the characteristics of the City's population and housing stock as a means of better understanding the nature and extent of our unmet housing needs. It is comprised of sections that include a: demographic profile, household profile, special housing needs analysis, housing stock characteristics analysis, a discussion of assisted housing at-risk of conversion, and an analysis of the City's Regional Housing Needs Assessment (RHNA). • The Housing Constraints section discusses housing constraints relative to land use regulations, housing policies and programs, zoning designations, and other factors that may influence the price and availability of housing opportunities in Rancho Cucamonga. This discussion is applicable as housing constraints may increase the cost of housing, may render residential construction economically infeasible for developers, and may significantly impact lower income households and those with special needs. • The Housing Resources section discusses land, financial, and administrative resources that are available to meet Rancho Cucamonga's housing needs to mitigate identified housing constraints. The section provides an inventory, analysis, and assessment of the City's resources to address its housing needs, including the City's share of the RHNA. • The previous sections of the Housing Element provide an assessment of the City's housing needs, an assessment of constraints to the development of housing, and an inventory of housing P109 CITY COUNCIL STAFF REPORT DRC2012-01036— CITY OF RANCHO CUCAMONGA January 15, 2014 Page 3 resources. The Housing Plan establishes the City's strategy for addressing those housing needs and mitigating constraints with available resources. Housing Plan —Goals, Policies, and Programs The Housing Plan establishes one overarching Housing Element goal, but then establishes twenty- six separate programs to implement that goal. Several programs carried over from the existing Housing Element, but were revised to meet current housing needs; while other programs are new and will require additional analysis and further City Council action to adopt the specific program. Some programs are based on changed circumstances that require further clarification, while other programs are based on changes in applicable State housing law. All other programs, other than those identified below, were revised as appropriate through the review of the Housing Plan. The following programs were completed, or determined not applicable, during the update of the Housing Plan and were deleted from the 2013 Housing Element. Because they were deleted, the program numbers refer to the applicable program number of the 2008 Housing Element. • Program 2 (Page HE-104)—Manufactured Housing—Recent Development Code updates revised appropriate standards for Manufactured Housing. • • Program 11 (Page HE-109) — Housing Production Plan — With the elimination of the Redevelopment Agency, the need to address how we will meet mandated affordable housing requirements no longer applies. • Program 26 (Page HE-117) — Reasonable Accommodations — Recent Development Code updates include standards for making reasonable accommodations for persons with disabilities. The following program was proposed during the update of the Housing Plan and was added to the draft 2013 Housing Element Update. Because the program was added, the program number refers to the applicable program number of the 2013 Housing Element. • Program 11 (Page HE-110) — Inclusionary Ordinance — Establish a Committee to evaluate the adoption of an Inclusionary Ordinance as a means to create opportunities for the development of affordable housing units. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper. CONCLUSION: The draft 2013 Housing Element Update is a comprehensive update of the City's Housing Element of the Rancho Cucamonga General Plan. The Housing Element includes a P110 CITY COUNCIL STAFF REPORT DRC2012-01036— CITY OF RANCHO CUCAMONGA January 15, 2014 Page 4 comprehensive Housing Plan, which establishes actions the City will pursue to implement the goal, policies, and programs of the Housing Element over the course of its eight year cycle. Respectfully submitted, NV c� Candyce nett Planning Manager CB:TG/Is Attachments: Exhibit A - Revised Draft 2013 Housing Element Update Exhibit B - Letter from HCD, January 7, 2014 Exhibit C - Planning Commission Staff Report, March 27, 2013 Exhibit D - Planning Commission Resolution No. 13-17, March 27, 2013 Exhibit E - Initial Study Draft Resolution of Approval for GPA DRC2012-01036 P111 CITY OF RANCHO CUCAMONGA 2013-2021 HOUSING ELEMENT DRAFT— MARCH 27, 2013 REVISED DRAFT—JANUARY 15, 2014 Prepared by: Rancho Cucamonga Planning Department 10500 Civic Center Drive E)(H I B IT A Rancho Cucamonga, CA 91730 /� V (DRC2012-01036) P112 Table of Contents Section Page CHAPTER 9: HOUSING 1 INTRODUCTION 1 PURPOSE AND INTENT 1 LEGISLATIVE AUTHORITY 1 ORGANIZATION OF THE HOUSING ELEMENT 1 DATA SOURCES AND METHODS 2 GENERAL PLAN CONSISTENCY 2 PUBLIC PARTICIPATION 3 GENERAL PLAN "VISIONEERING" 3 GENERAL PLAN "ROAD SHOW" 4 HOUSING SUBCOMMITTEE AND COMMUNITY WORKSHOP 4 PUBLIC HEARINGS 4 HOUSING ELEMENT RESPONSE 4 HOUSING NEEDS ASSESSMENT 6 DEMOGRAPHIC PROFILE 6 POPULATION CHARACTERISTICS 6 Population and Age Distribution 7 School Enrollment 9 Educational Attainment 9 Race and Ethnicity 10 EMPLOYMENT 11 Employment Status 12 Per Capita Income 13 Poverty Status 13 HOUSEHOLD PROFILE 14 HOUSEHOLD TYPE 14 Household Income 15 Income Definitions 16 HOUSING PROBLEMS 17 Overcrowding 17 Cost Burden/Overpayment 18 Substandard Units 20 Target Areas for Assistance 20 SPECIAL HOUSING NEEDS 21 SENIOR HOUSEHOLDS 21 PERSONS WITH DISABILITIES 21 PERSONS WITH DEVELOPMENTAL DISABILITIES 22 FEMALE-HEADED HOUSEHOLDS 23 LARGE HOUSEHOLDS 24 HOMELESS 24 STUDENTS 25 FARMWORKERS 26 HOUSING STOCK CHARACTERISTICS 26 HOUSING GROWTH 27 HOUSING TYPES AND TENURE 27 City of Rancho Cucamonga HE-i 2013-2021 Housing Element—Revised Draft January 15,201 P113 VACANCY RATE 28 HOUSING AGE AND CONDITION 29 Housing Conditions Survey 29 HOUSING COSTS AND AFFORDABILITY 30 Housing Sales Prices 30 Housing Rents 31 Housing Affordability 31 HOUSING PRESERVATION NEEDS 32 INVENTORY OF UNITS AT-RISK 32 PRESERVING OR REPLACING UNITS AT-RISK 34 Preservation Costs 34 Replacement Costs 34 Preservation vs. Replacement 35 AVAILABLE RESOURCES 36 County of San Bernardino Bond Program 36 City Bond Program 36 Private Non-Profit Agencies 36 Public Agencies 37 QUANTIFIED OBJECTIVES 38 REGIONAL HOUSING NEEDS 38 REGIONAL HOUSING NEEDS ASSESSMENT 38 Population and Employment Growth 39 Vacancy and Demolition 39 RHNA Fair Share 39 HOUSING CONSTRAINTS 41 GOVERNMENTAL CONSTRAINTS 41 LAND USE POLICIES 41 HOUSING POLICIES 41 Residential Land Use Categories 42 Conventional Housing 42 Mixed-Use Housing 42 Second Dwelling Units 43 Mobile Home Parks and Manufactured Housing 43 Residential Care Facilities 44 Emergency Shelters 44 Transitional Housing 45 Supportive Housing 46 Single-Room Occupancy 46 DEVELOPMENT STANDARDS 4746 Performance Standard Criteria 4746 Specific Plan Designations 47 Residential Development Standards 47 Performance Standards and Design Criteria Analysis 565655 Annexation Potential 58585^7 BUILDING CODES AND THEIR ENFORCEMENT 585857 Building Code Requirements 585857 Code Enforcement 595958 OFF-SITE IMPROVEMENTS 595958 FEES AND OTHER EXACTIONS 606059 City of Rancho Cucamonga HE-ii 2013-2021 Housing Element—Revised Draft January 15.201"^^"` 3rch",2013 P114 Planning Fees 606059 Building Permit Fees 616460 Water and Sewer Service 636362 School Facilities 636362 Financing Options for Required Infrastructure 646463 LOCAL PROCESSING AND PERMIT PROCEDURES 646463 Development Review Process 656664 Residential Development Review 666665 Hillside Design Review 666665 Tract or Parcel Maps 666665 Variance 676766 General Plan Amendment—Development District Amendment 676766 Building Plan Check and Permit Issuance 676766 REGULATORY CONCESSIONS 676766 Density Bonus 676766 Variance—Minor Exception 686867 MARKET CONSTRAINTS 686867 ECONOMIC CLIMATE 686867 COST OF LAND 696968 COST OF CONSTRUCTION 696968 HOUSING DEMAND 707069 AVAILABILITY OF FINANCING 707069 Residential Foreclosures 717170 HOUSING FOR PERSONS WITH DISABILITIES 717170 ALLOWABLE HOUSING TYPES 7170 REHABILITATION AND NEW CONSTRUCTION 727271 PERMITTING PROCESS/REASONABLE ACCOMMODATIONS 727271 HOUSING RESOURCES 747372 PROJECTED HOUSING NEEDS 747372 CREDITS TOWARDS THE RHNA 747372 RESIDENTIAL SITES INVENTORY 767674 METHODOLOGY 777675 IDENTIFICATION OF VACANT RESIDENTIAL LAND 777675 Vacant Land Capacity Analysis 797877 Units in the Processing Stream 797877 Estimated Housing Units Available at Build-Out 807978 Estimated Population at Build-Out 807978 DEMONSTRATING CAPACITY 818079 DEMONSTRATING SUITABILITY OF ZONE 838284 OTHER RESIDENTIAL DEVELOPMENT POTENTIAL 848382 Mixed Use District 848382 Annexation Potential 878685 FINANCIAL RESOURCES 878685 REDEVELOPMENT AGENCY HOUSING SET-ASIDE 878685 COMMUNITY DEVELOPMENT BLOCK GRANT 888786 Section 8 Rental Assistance 8887 Neighborhood Stabilization Program 888 HOME INVESTMENT PARTNERSHIPS PROGRAM 898887 ADMINISTRATIVE RESOURCES 898887 City of Rancho Cucamonga HE-iii 2013-2021 Housing Element—Revised Draft January 15,201 P115 OPPORTUNITIES FOR ENERGY CONSERVATION 908988 Water Conservation 908988 Building Code Title 24 908988 Green Development 919089 Energy Efficiency and Conservation Block Grant 919089 HOUSING PLAN 104103102 GOAL, OBJECTIVES, POLICIES, AND PROGRAMS 104103102 Adequate Housing Sites 104103402 Program HE-1: Inventory of Residential Sites 104103102 Program HE-2: Mobile Home Park Conservation 105104103 Program HE-3: Condominium Conversion 105104443 Program HE-4: Mixed Use District 105104103 Affordable Housing 106105104 Program HE-5: First Time Homebuyer Program 1071061O5 Program HE-6: Neighborhood Stabilization Program 107106105 Program HE-7:Section 8 108107406 Program HE-8: Mobile Home Accord 108107486 Program HE-9: Mobile Home Rental Assistance Program 108107106 Program HE-10: Preservation of At-Risk Units 109108107 Program HE-11: Inclusionary Ordinance 110109108 Quality Residential Development 110109408 Program HE-12: Hillside Development Regulations 111109108 Program HE-13: Crime Prevention Through Environmental Design 111110109 Housing Preservation 111110109 Program HE-14: Homeowner Rehabilitation Programs 112111110 Program HE-15: Mills Act Contracts 113441110 Program HE-16: Code Enforcement 113112111 Program HE-17: Graffiti Removal 113112111 Remove Constraints 113112111 Program HE-18: Housing for Persons with Special Needs 114113112 Program HE-19: Regulatory Incentives 115114113 Program HE-20: Financial Incentives 115114113 Program HE-21: Permit Processing 116114113 Program HE-22: Development Fees 116115114 Program HE-23:Analyze Development Fees on the Supply and Affordability of Housing 116115114 Equal Housing Opportunity 117115114 Program HE-24: Fair Housing 117116115 APPENDIX B: 2008-2013 HOUSING ELEMENT PROGRAM EVALUATION 144 APPENDIX C: VACANT UNCOMMITTED RESIDENTIAL LAND INVENTORY 111 List of Tables Table Page Table HE-1: Population Growth 6 Table HE-2: Age Distribution 9 Table HE-3: School Enrollment 9 Table HE-4: Educational Attainment, 2011 (Age 25+) 9 City of Rancho Cucamonga HE-iv 2013-2021 Housing Element—Revised Draft January 15,2014Draft4.42 rch 27,2013 P116 Table HE-5: Racial Characteristics 10 Table HE-6: MSA Statistics 11 Table HE-7: Employment Characteristics by Occupation 12 Table HE-8: Employment Characteristics by Industry 12 Table HE-9: Employment Status 13 Table HE-10: Per Capita Income 13 Table HE-11: Poverty Status 14 Table HE-12: Household Characteristics 14 Table HE-13: Household Income Profile by Household Type 17 Table HE-14: Overcrowding by Tenure 18 Table HE-15: Housing Cost Burden (Overpayment(>30%)) 19 Table HE-16: Housing Cost Burden (Severe Overpayment(>50%)) 19 Table HE-17: Housing Cost Burden (Total Households) 19 Table HE-18: Incidence of Substandard Factors 20 Table HE-19: Disability Status(2009-2011) 22 Table HE-20: Large Families by Tenure 24 Table HE-21: Housing Growth 27 Table HE-22: Housing Unit Type 27 Table HE-23: Housing Tenure 28 Table HE-24:Vacancy Rate by Unit Type 29 Table HE-25:Age of Housing Stock 29 Table HE-26: Change in Median Home Prices 30 Table HE-27: Median Sale Prices by Unit Type 30 Table HE-28: Housing Rents 31 Table HE-29: Housing Affordability in Rancho Cucamonga 31 Table HE-30:Subsidized Multi-Family Housing 33 Table HE-31: Estimated Market Value of Units At-Risk 34 Table HE-32: Unit Replacement Cost 35 Table HE-33: Affordable Units 35 Table HE-34: Regional Housing Needs Allocation (RHNA), 1/1/2014 to 10/1/2021 39 Table HE-35: General Plan Designations and Development Code Districts 41 Table HE-36: Permitted Housing Types by Land Use District 42 Table HE-37: Basic Development Standards 494948 Table HE-38: Optional Development Standards 525251 Table HE-39:Terra Vista Community Plan Development Standards 516453 Table HE-40:Victoria Community Plan Development Standards 555554 Table HE-41: Multi-Family Parking Standards 565655 Table HE-42: Density Bonus Provisions Parking Standards 565655 Table HE-43: Planning Department Application Fees 616160 Table HE-44: Residential Development Fees 626261 Table HE-45: Proportion of Fee In Overall Development Cost for a Typical Residential Development 636362 Table HE-46: Development Review Timeline 656564 Table HE-47: Regulatory Concessions 686867 Table HE-48:Adequacy of Sites in Meeting the RHNA 757473 Table HE-49: Projected Unit Development from Vacant Uncommitted Land 797877 Table HE-50: Estimated Housing Units Available at Build-Out 807978 Table HE-51: Demonstrating Capacity—Developable Vacant Residential Sites 818079 Table HE-52: Affordable Housing Development Regulatory Concessions 848382 City of Rancho Cucamonga HE-v 2013-2021 Housing Element—Revised Draft January 15,201 P117 Table HE-53: Mixed Use Area 3 - Residential Development Potential 858483 Table HE-54: Mixed Use Areas 5 & 6—Residential Development Potential 868884 List of Figures Figure Page Figure HE-1: Population Distribution by Age 7 Figure HE-2: Mean Income Levels 16 Figure HE-3: Vacant Uncommitted Residential Land 777675 Figure HE-4: Victoria Community Plan—High Residential District Development Potential 8382-8-1 Figure HE-5: Mixed Use Area 3— Residential Development Potential 858483 Figure HE-6: Mixed Use Areas 5 &6—Residential Development Potential 868584 City of Rancho Cucamonga HE-vi 2013-2021 Housing Element—Revised Draft January 15,2014Br-aft-Macch-27;-2013 P118 CHAPTER 9: HOUSING R A N C H O C U C A M O N G A G E N E R A L P L A N INTRODUCTION PURPOSE AND INTENT The Housing Element is intended to provide residents of the community and local government officials with a greater understanding of housing needs in Rancho Cucamonga, and to provide guidance to the decision- making process in all matters related to housing. The document analyzes existing and future-housing needs, develops a problem-solving strategy,and provides a course of action towards achieving Rancho Cucamonga's housing goal. LEGISLATIVE AUTHORITY The State Legislature has identified the attainment of a decent home and a satisfying environment for every resident of the State as a goal of highest priority. Recognizing that local planning programs play a significant role in the pursuit of this goal, and to assure that local planning effectively implements the Statewide housing policy, the Legislature mandates that all cities and counties include a Housing Element as part of their adopted General Plan. California Government Code §65583 requires the preparation of a Housing Element and specifies that its contents include a needs assessment, a statement of goals, objectives, and policies, a five-year schedule of program actions, and an assessment of past programs. Government Code §65588 previously established the fourth revision of the Housing Element on June 30, 2006, however the California Department of Housing and Community Development extended the revision date to July 1, 2008. The fifth revision adoption deadline is June 30, 2014.Statutory changes applicable for the fifth and subsequent housing element update cycles specify that the housing element due date is 18 months from the adoption date of the Regional Transportation Plan. The Southern California Association of Governments (SCAG)adopted their Regional Transportation Plan/Sustainable Communities Strategy(RTP/SCS)on April 5, 2012,so the housing element due date is October 15, 2013 for the"planning" period from October 2013 through October 2021. ORGANIZATION OF THE HOUSING ELEMENT State law recognizes that local governments play a vital role in the availability,adequacy,and affordability of housing. In California,every jurisdiction is required to adopt a long range General Plan to guide its physical development; this Housing Element is one of the seven mandated elements of the General Plan. Housing Element law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain housing production. This Housing Element covers the planning period from October 1, 2013J414,44-7-2430.8 to October 1, 2021Junc 30, 2014. Previous editions of the Housing Element were approved with the Rancho Cucamonga General Plan in 1981, and updated in 1984, 1991, 1994, a -2000, and 2010. The Housing Element consists of the following major components: • An analysis of the demographic, household and housing characteristics, and related housing needs; • A review of potential market, governmental, and environmental constraints to meeting the City's identified housing needs; City of Rancho Cucamonga HE-1 2013-2021 Housing Element—Revised Draft January 15,20148rai-Ma h 27,2013 P119 • An evaluation of the residential sites, financial, and administrative resources available to address the City's housing goal; • An evaluation of the accomplishments achieved under the adopted 20102989 Housing Element; and • The Housing Plan for addressing the City's identified housing needs,constraints and resources, including housing goals, policies, and programs. Rancho Cucamonga's Housing Element identifies strategies and programs that focus on the following: • Conservation of the existing affordable housing stock; • Providing adequate housing sites to accommodate the future housing needs for all income segments of the community; • Assisting in the provision of affordable housing; • Removing government and other constraints to housing development; and • Promoting fair and equal housing opportunities for all Rancho Cucamonga residents. DATA SOURCES AND METHODS In preparing this Housing Element, various sources of data were consulted. These include: • U.S. Census Bureau, 1990 and 2000 and 2010 Census; • U.S. Census Bureau, 2886-American Community Survey (ACS), population and housing data; • California Department of Finance (DOF), Population and Housing data; • The Comprehensive Housing Affordability Strategy(CHAS) prepared by the U.S. Department of Housing and Urban Development (HUD), Household income data by type of household (e.g., seniors, large families, etc); • A variety of household needs information derived from Rancho Cucamonga's 20102005- 20142899 Consolidated Plan and the City's Analysis of Impediments to Fair Housing Choice; • Southern California Association of Governments (SCAG) 2988-2014-2021 Regional Housing Needs Assessment (RHNA) provided information on existing and projected housing needs; • SCAG and San Bernardino Associated Governments(SANBAG), provided information on population and household projections; and • Information on Rancho Cucamonga's development standards are obtained from the City's Development Code,-;-a-Ad •- _ - . . . . • . - _ . . - _ -- •. . . - • - -- --• , _-- .. • _ . • -- .• - --•-• • The 2006 American Community Survey (ACS) was conducted using a very small sample size with corresponding large margins of error, and data was extrapolated where appropriate. Therefore, when available and appropriate, the 24:P6-ACS data isa-e presented as percentages and used for reference. GENERAL PLAN CONSISTENCY California law requires that General Plans contain an integrated set of goals and policies that are internally consistent within each element and the General Plan as a whole. ••- --•-• -=e. e -e• -' .. _ - - - - -- _ •- - • .• . ... -. Residential land use policies and housing objectives were then developed to implement the Pew-General Plan. Goals, objectives,and policies throughout the General Plan are related to and consistent with the Housing Element. Several examples illustrate the interactive character of the General Plan as follows:the Land Use Element sets forth the amount and type of residential development permitted, thereby affecting housing opportunity in Rancho Cucamonga;the Circulation Element contains policies to minimize roadway traffic in residential neighborhoods; the Community Design Element contains policies directed at maintaining the existing housing stock and ensuring the quality of new residential development;the Resource Conservation Element establishes policies to minimize the impact of residential development on sensitive resources,such City of Rancho Cucamonga HE-2 2013-2021 Housing Element—Revised Draft January 15,2014 P12O as hillside areas,ecological habitat,and scenic viewsheds;and the Public Safety Element sets forth policies to ensure the safety of the City's housing stock through mitigation of natural and man-made hazards. Further, the General Plan is updated periodically,which helps to ensure consistency among the elements,. The most• -' - ; - ..-• -•, . _ - .. .. . .. . - • . . - • •--- •-• . -. - • May 2010.and as other portions of the General Plan are amended in the future,the Housing Element will be reviewed along with other elements to ensure internal consistency is maintained. Pursuant to SB 162 and SB 244, the City will review and update, as necessary, the Land Use, Community Design,and Historic Resources Element and the Public Facilities and Infrastructure Element upon completion of the Housing Element to address flood hazards and management, and the provision of services and infrastructure in disadvantaged unincorporated communities (if any). PUBLIC PARTICIPATION Government Code§65583(c)(87)states that the local government shall "Include •- : •-•-- •: make a diligent effort... to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort." The forth revision to the housing elementis Housing Element was updated in conjunction with a comprehensive update to the City of Rancho Cucamonga General Plan. An extensive community outreach program was implemented as part of the General Plan update. As part of the General Plan update, the City utilized a comprehensive approach to obtaining direct public input into the General Plan process to ensure that multiple avenues were explored and employed to gain substantive input from the community during the entire update process: • Stakeholder interviews, • The formation of a General Plan Advisory Committee (GPAC), • Community Workshops, • A public opinion survey, • Visioneering, • Forty-five (45) presentations of the "Road Show" • The creation of a General Plan Update website, • Periodic newsletters and press releases, and • A recent telephone survey. The fifth revision to the Housing Element utilized multiple avenues to achieve substantive input from the community during the entire update process. This was obtained through the following means: • Joint Planning Commission/City Council workshop, • Various social media applications, • The City of Rancho Cucamonga website, and • Public hearings before the Planning Commission and City Council. GENERAL PLAN "VISIONEERING" A public outreach for development of the General Plan update included"Visioneering"conducted as a public opinion survey. Residents were asked to complete a brief questionnaire about where the respondent lived, what makes where they live unique,what are the two most important issues currently facing the City, and what the respondent is pessimistic and optimistic about the City's future. Approximately 700 responses were received over the course of the survey time period. Responses directly related to housing include: • The production of affordable housing, City of Rancho Cucamonga HE-3 2013-2021 Housing Element-Revised Draft January 15,2014OcaftMarc41-2-7-,2013 P121 • Overcrowding, growth, urban sprawl, and traffic, • Availability of water for future development, • Providing adequate schools and education, and • Environmental sustainability. These Visioneering comments were utilized in the formation of a Vision Statement, which along with stakeholder interviews, were used by the GPAC in the formation and development of seven Guiding Principles. The Guiding Principles define the vision of the future for the City,thereby reinforcing the intent of the General Plan document. The Guiding Principles include: the Spirit of Family, Spirit of Discovery and Knowledge,Spirit of Community,Spirit of Heritage,Spirit of Leadership,Spirit of Innovation and Enterprise, and the Spirit of Tomorrow. The Guiding Principles were then presented to the community through the General Plan "Road Show." GENERAL PLAN "ROAD SHOW" The General Plan "Road Show" was used to present the Guiding Principles to 45 civic groups and private organizations (e.g., churches, public service providers, civic groups, housing providers, developers) that regularly meet or are identified with the City of Rancho Cucamonga as stakeholder groups and groups representing the many facets,demographics,and interests of the public,all in a span of several weeks. The workshops were intentionally informal, interactive, and facilitated in such a way to encourage the participants to openly offer their thoughts and comments on the language of the Guiding Principles. These Road Show workshops were held throughout the day, and on weekends, and were conducted to engage the community in interactive discussions on the issues,concerns,and aspirations for the City. These meetings covered a large range of topics, including housing. The workshops were held at City Hall, throughout the community, and in adjoining communities, close to many of the City's low and moderate income residents. Overall, the City's efforts were successful and effective, as over 450 comments were received from groups ranging in size from 5 to 10 persons up to approximately 150 people. The workshops have proven to be a highly interactive venue to receive the thoughts and comments of the public. HOUSING SUBCOMMITTEE AND COMMUNITY WORKSHOP Opportunities for input on housing issues and recommended strategies are critical to the development of appropriate and effective programs to address the City's housing needs. Rancho Cucamonga solicited public participation through meetings held with the Housing Subcommittee and through a joint Planning Commission/City Councils+m+ty-workshop held on December 18, 2012,which was designed to obtain public feedback and to elicit public participation in the preparation of the document. To achieve meaningful public participation, notices of public meetings, public workshops,and public hearings were published in the Inland Valley Daily Bulletin, a local paper of general circulation. In addition, notices were also posted in the City's Community and Neighborhood Centers, several situated in close proximity to the City's affordable housing complexes, as well as at City Hall. Notices were also sent to the local chapter of the Building Industry Association and the Rancho Cucamonga Chamber of Commerce. PUBLIC HEARINGS On March 27, 2013April 9, 2008 a Public Hearing was conducted before the Rancho Cucamonga Planning Commission to review and comment on the draft Housing Element. On January 15, 2014***, 2013,a public hearing was conducted before the Rancho Cucamonga City Council to review and adopt this Housing Element update. Prior to the public hearing copies of the draft Housing Element were made available to the Chamber of Commerce, at both City Libraries, and at the Planning Department public counter. HOUSING ELEMENT RESPONSE Throughout the public participation process, the following issues were raised: City of Rancho Cucamonga HE-4 2013-2021 Housing Element—Revised Draft January 15,2014Bcatt-Mart -27,2013 P122 • Healthy cities and sustainability; the public expressed a desire for a balance between residential and commercial uses to promote a healthy city. • Neighborhood identification and infill development. • The City's character is what makes the City special; new development should respect and complement this character. • The City should respect its character while identifying opportunities for providing affordable housing. • Affordable housing for single occupants, families, and seniors is needed. • Affordable housing complexes should be located in close proximity to public transportation facilities and retail uses. • Expand housing options such as mixed-use development, live/work units,single-story homes on small lots, and high-density affordable housing. The Housing Element responds to these comments by promoting mixed-use development and high-density development in targeted neighborhoods while enhancing quality and character in established neighborhoods. The Housing Element emphasizes the preservation and improvement of existing housing as well as the provision of affordable housing in various neighborhoods. City of Rancho Cucamonga HE-5 2013-2021 Housing Element-Revised Draft January 15,20140raft-0.4aFch 27,2013 P123 HOUSING NEEDS ASSESSMENT This section of the Housing Element discusses the characteristics of the City's population and housing stock as a means of better understanding the nature and extent of unmet housing needs. The Housing Needs Assessment is comprised of the following components: 1) Demographic Profile, 2) Household Profile, 3) Special Housing Needs, 4) Housing Stock Characteristics, 5)Assisted Housing At-Risk of Conversion, and 6) the Regional Housing Needs Assessment. DEMOGRAPHIC PROFILE California Government Code§65583(a)(1) requires "lain analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels, including extremely low income households...." This analysis is necessary as demographic changes, such as population growth or changes in age, can affect the type and amount of housing that is needed in a community. POPULATION CHARACTERISTICS According to the 9-s• • •• • - 'e U.S. Census Bureau, the City of Rancho Cucamonga had a population of approximately 177,736165,269 as of January 1, 2009April 1, 2010. Although the City experienced a significant amount of population growth during the last few-yearstwo decades,the City's peak year of growth, both in absolute numbers and as a percentage of the population increasing, was in 1988 when the population increased by 12,183,an increase of 17.1 percent. Between 2000 and 20100-7 the City's population increased an average of X93,752 persons per year, an average percentile incr osc of 4.3 percent. During the last growth cycle,the peak year of residential growth occurred in 2003 where the population increased by 9,265 persons,an increase of 6.7 percent over the prior year. Additionally,in terms of absolute growth,3 of the highest years of population increases occurred between 2000 and 20100,&,- 2003, 2004, and 2006). Slow growth periods in the 1980's and 1990's have similar average growth rate percentages, roughly in the 1.0 percent to 2.0 percent rate of growth. These low growth rates are generally attributable to high interest rates, the post-Proposition 13 shift of new infrastructure costs from property taxes to impact fees, tight lending policies, a general uncertainty in the real estate market, and an economic recession. High growth periods in the early 2000's are attributable to growth in the City economic base, land speculation,easing of lending practices,and other practices to increase home ownership. Rancho Cucamonga's recent population growth trends are similar to those of most neighboring communities which experienced a high level of growth since 1990. Table HE-1: Population Growth City Population Percent Change 1990 2000 20092010 2020 1990— 2000— 20092010— (Projected) ' 2000 20092010 2020 Fontana 87,535 128,928 189,021196,069 213,297 47.3% 46,652.1% 12.88.8% Ontario 133,197 158,007 173,188163,924 237,443 18.6% 9-63_7% 3-7444.8% Rancho 101,409 127,743 177,736165,269 179,023 25.9% 39429.4% 048_3% Cucamonga Upland 63,374 68,395 75,03473,732 78,495 7.9% 9,77_8% 4.66_5% San Bernardino 1,418,380 1,710,139 2,060,9502,035,210 2,524,557 20.6% 20.519.0% 22.524.0% County Source:U.S.Census,1990,- d 2000,and 2010 ef-Finance;and SCAG City of Rancho Cucamonga HE-6 2013-2021 Housing Element—Revised Draft January 15,20148raft-Mac-el 7,2013 P124 Population and Age Distribution Age characteristics are related to differences in the type of housing needed. The median age for Rancho Cucamonga is rising, increasing from 26.6 in 1980, 29.7 in 1990, and to 32.2 in 2000, and 34.5 in 2010. The largest age cohorts are the school age group, 5 to 19 years, and the young adult group, 20 to 34 years. Figure HE-1 demonstrates a maturing population, evident by the increase in median age, but also the significant population increases in the 35 to 44 ar45 to 64 age cohorts and 65 and over age cohort. Figure HE-1: Population Distribution by Age 33,243 35,000-" 27,799 30,000 27,308 ANY 26,784 21721 25,000 Population 8,231 20,000-' I11i 540R 15,000 9,c85 ;,900 7,788 10,000 5,082 kul 5,000 0 Under 5 5 to 19 20 to 34 35 to 44 45 to 64 65+ Age • 1990 •2000 . . City of Rancho Cucamonga HE-7 2013-2021 Housing Element—Revised Draft January 15,20140rat0Match 27,2013 P125 50000 — — — — — — - — 45000 - 40000 35000 - C O 30000 Rf 25000 d 20000 01990 15000 — •2000 ■2010 10000 5000 — 0 ovp <0�o Oo�o r5(13`o bh�o Age The following table further demonstrates a maturing population. This table shows that a significant proportion of the City population is relatively young, with 36.3 percent of the population under age 25 and 45 percent aged 25 to 54. However,with-the largest age cohort being age 25 to 34 in 1990,and-increasing to 35 to 44 in 2000 and continuing to increase to 45 to 54 in 2010. While a significant portion of the City's population is relatively young, increases in population from 2000 to 2010 in the 55 to 64 age cohort(112%) 65 to 74 age cohort (70.4%), 75 to 84 age cohort (48.9%) and 85 and over age cohort (116.2%) further indicate a shift to a more mature population. . ' • •. : -• - -- • ' ---- • •- - 25 and 47.6 percent is aged 25 to 54. City of Rancho Cucamonga HE-8 2013-2021.Housing Element-Revised Draft January 15,201 ;-2013 P126 Table HE-2: Age Distribution Age Groups 1990 2000 2010 Percent Change in Number of Persons Persons Percent Persons Percent Persons Percent (2000 to 2010) Under 5 years 9,423 9.3% 8,900 7.0% 10,238 6.2% 5.9%+15% 5 to 9 years 9,326 9.2% 10,984 8.6% 11,190 6.8% 4 17.8%+1.9% 10 to 14 years 8,693 8.6% 11,620 9.1% 12,711 7.7% 433.7%+9.4% 15 to_19 years 7,463 7.4% 10,639 8.3% 13,672 8.3% +42.6%+28.5% 20 to 24 years 7,155 7.1% 8,622 6.8% 12,104 7.3% I 20.5%+40.4% 25 to 34 years 20,635 20.3% 18,686 14.6% 23,848 14.4% 10.4%+27.6% 35 to 44 years 18,927 18.7% 23,720 18.6% 24,752 15.0% e 25.3%+4.4% 45 to 54 years 9,532 9.4% 18,391 14.4% 25,883 15.6% I 92.9%+40.7% 55 to 64 years 5,130 5.0% 8,393 6.6% 17,827 10.8% 163.6%+112% 65 to 74 years 3,354 3.3% 4,515 3.5% 7,707 4.7% 34.6%+70.7% 7-4-75 to 84 1,439 1.4% 2,583 2.0% 3,845 2.3% i 79.5%+48.9% years 85 years and 332 0.3% 690 0.5% 1,492 0.9% i 107.8+116.2% over Total 101,409 100.0% 127,743 100.0% 165,269 100.0% +25-929.4% Population Median Age 29.7 32.2 34.5 Source:U.S.Census 1990,2000,and 2010 School Enrollment An educated population is an important characteristic to the City as over 33-631.4 percent of the year 2000 2010 population was enrolled in school. As of ye-a 0002010, 86-090.6 percent of the population had obtained a high school education and 23.329,1 percent had obtained a bachelor's degree or higher education. Table HE-3: School Enrollment Subject Number Percent Total Population (Year 20002010) 127,743165,269 N/A School Enrollment 42,87651,908 100.0% Nursery School, Preschool 2,1222 541 4.9% Kindergarten 2,1352 116 5.04.1% Elementary School (Grades 1-8) 18,69118,879 43-636.4% High School (Grades 9-12) 9,23412 303 21.523.7% College or Graduate School 10,69316,069 24-931.0% Source:U.S.Census,-2960 Bureau 2006-2010 American Community Survey Educational Attainment An individual's level of education is closely related to their ability to earn a living. The educational attainment level of Rancho Cucamonga residents is high relative to the rest of San Bernardino County and the State of California. As reflected in the age distribution and the school enrollment tables, residents of Rancho Cucamonga will continue to represent a higher percentage of educated persons,when compared to the County or the State. Table HE-4: Educational Attainment_2011 (Age 25+) Location No High School High School or High School Some College Bachelor's Diploma GED Graduate or No Degree Degree or Higher Higher City of Rancho Cucamonga HE-9 2013-2021 Housing Element-Revised Draft January 15,20146tra"Mprch 2' 201 P127 Rancho Cucamonga 449_5% 24,622.8% 86,890.6% 20.428.2% 23.329.1% San Bernardino County 15,412.0% 25,026.5% 74.277.8% 16,924.6% 45-918.6% California 11.78.8% 20.121.1% 76-.,880.8% 1-5-921.8% 2&630.2% Source:U.S.Census-2000 Bureau 2007-2011 American Community Survey Race and Ethnicity The U.S. Census 2800-provides a significant number of detailed demographic characteristics for Rancho Cucamonga. Historically,the City's population consistsed predominantly of White residents, ranging from 78.9 percent in 1980, 68.6 percent in 1990, to--66.5 percent in 2000, to 62.0 percent in 2010; in absolute terms, the City's minority population has doubled during the same time ranging from 21.1 percent (11,657) in 1980, 31.4 percent (31,842) in 1990, to-33.5 percent(42,756) in 2000, to 38.0 percent (62,868) in 2010. ••. _ _ _ -- -• - - - - - - - - - - - - - - - _ - -• -- Table HE-5: Racial Characteristics RACE All-Ages2000 2010 Number Percent Number Percent Total Population(Year 2000) 127,743 100.0% 89,598165,269 100.0% One Race 120,829 94.6% 8x5,,969156,310 95.9%94.6% White 84,987 66.5% 61,253102,401 68.4%62.0% Black or African American 10,059 7.9% 7,07715 246 7.9%9.2% American Indian and Alaska Native 855 0.7% 6501,134 0.7% Asian 7,656 6.0% 5,67517,208 6-3%10.4% Native Hawaiian and other Pacific Islander 341 0.3% 207443 0-2°60.3% Some other race 16,931 13.3% 11,10719,878 12.2%12.0% Two or more races 6,914 5.4% 3,6298 959 4:0%5.4% HISPANIC OR LATINO AND RACE Total Population 127,743 100.0% N/A16S,269 N/A100% Hispanic or Latino(of any race) 35,941 27.8% N/A57,688 N7tA34.9% Not Hispanic or Latino Race 92,252 72.2% 4A107,581 N74A65.1% White alone 70,028 54.8% N/A70,572 N/A42.7% RACE ALONE OR IN COMBINATION WITH ONE OR MORE RACES' White 90,760 71.0% N7LA109,730 N/A66.4% Black or African American 11,325 8.9% N/A17,582 N/A10.6% American Indian and Alaska Native 2,061 1.6% N/A2,611 N/A1.6% Asian 9,388 7.3% 41-A20 512 N7LA12.4% Native Hawaiian and Other Pacific Islander 723 0.6% N441,132 N74A0.7% Some other race 20,805 16.3% N/A23426 N7LA14.2% 1. In combination with one or more other races listed. The six numbers may add to more than the total population and the six percentages may add to more than 100 percent because individuals may report more than one race. Source:U.S.Census,2000 and 2010 City of Rancho Cucamonga HE-10 2013-2021 Housing Element-Revised Draft January 15,2014Draft•March 27,2013 P128 EMPLOYMENT Employment plays a major role in addressing housing needs because it is highly correlated to income;those residents with higher incomes have more housing options,and conversely,those persons with lower income typically have limited housing options. Looking at the employment market in Rancho Cucamonga as well as major employers and the types of jobs Rancho Cucamonga residents have will provide important information relative to housing needs. This is because the local employment market affects demand for housing and this demand changes the housing market. The City of Rancho Cucamonga is located in the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA). Metropolitan statistical areas are geographic entities defined by the U.S.Office of Management and Budget for use by Federal statistical agencies in collecting,tabulating,and publishing Federal statistics. The following statistics are applicable to the Riverside-San Bernardino-Ontario MSA. Table HE-6: MSA Statistics County Statistics Riverside County San Bernardino County Population (2011) 2,031,6252,226,552 2,028,0132,059,630 Labor Force(2012) 922600946,700 9457000869,900 Employed 8627900841,900 86300776,000 Unemployed 597708104 800 5430893,900 Unemployment Rate 6311.1% 5:-710.8% Per Capita Income(2004) $26,44829,927 $25,10529,998 Source:State of California,EED Labor Market Information Division Labor Profile The MSA is generally characterized by three decades of rapid growth. According to the Census, the previously unincorporated area which became Rancho Cucamonga had a 1970 population of 16,043;Rancho Cucamonga incorporated in 1977. The June 1, 1978, DOF population estimate was 44,600. By 1980, the population had increased to 55,250, 101,409 in 1990, and 127,743 in 2000. The January 1, 2009 D01= The region and the City's growth are directly correlated to residential and economic development in Orange and Los Angeles Counties. As land costs increase in the City and sub-region, homebuilders, developers,and employers continue to look at Rancho Cucamonga for less expensive land than may be available in Orange, Los Angeles, or Riverside counties. Based upon information from the City's Economic Profile,between 1991 to 20052000 and 2010,employment in firms and agencies located in the City • - - --- - • - - - -- - . rose by 39.9 percent and going, increasing from from 24,670 to 63,00442,868 to 59,991 jobs. Together, the .. -- • '•• • - - -• • , -- - . . .. .. • - - - growth rates were an aggressive 7.7 percent,8.0 percent and 6.6 percent,far exceeding those of the Inland _• - • - -- - , . ' _ ••. . - - , - .From 2000—2010,the number of firms paying payroll in Rancho Cucamonga grew from 2,414 to 3,233; a net growth of 1,092 companies(51.0 percent). Overall, manufacturing and wholesale trade accounted for 14.6 percent,retailing accounted for 12.1 percent, Finance, insurance and real estate accounted for 9.1 percent and professional, scientific and management services accounted for 8.9 percent of all jobs. Rancho Cucamonga firms average more workers (18.6 workers per firm)than the average for the entire inland empire(9.9 workers per firm). Between 2007 and 2011 Census,61,95081,770 residents,or 48-964.4 percent of the population 16 years and over was employed. The following tables show the industries where these residents were employed and the respective percentage of the labor force. The three largest employment sectors City of Rancho Cucamonga HE-11 2013-2021 Housing Element—Revised Draft January 15,20146faft-March 27,2013 P129 were education, health and social services at 20.9 22.4 percent, retail trade at 13.212.1 percent, and manufacturing at 12.910.3 percent. Correspondingly,the two highest occupation sectors are management, professional and related occupations at 3-5-638.8 percent and sales and office occupations at 39-530.4 percent. Table HE-7: Employment Characteristics by Occupation Occupation Number Percent Management, business, scientific and arts occupations 2-2,98031,700 35.6%38.8% Service occupations 8;16411 824 13.2%14.S% Sales and office occupations 18,91824 889 30.5%30.4% ' .. 117 0.2% Natural resources,(construction,e«wand maintenance occupations 5,2485 823 8.5%7.1% Production,transportation,and material moving occupations -74-2-37,534 12.0%9.2% Total 64796081,770 100.0% Source:U.S.Census;-2800 Bureau 2007-2011 American Community Survey Table HE-8: Employment Characteristics by Industry Industry Number Percent Agriculture,forestry,fishing and hunting,and mining 222132 0.4%0.2% Construction 3,9355 424 6.4%6.6% Manufacturing 7,9748 430 12.9%10.3% Wholesale trade 2,8773 519 -4,6%4.3% Retail trade 8,1579 862 13.2%12.1% Transportation and warehousing and utilities 4,1245 1.29 6.7%6.3% Information 1,7931 628 2.9%2.0% Finance, insurance, real estate, and rental and leasing X37,414 7.7%9.1% Professional, scientific, management, administrative,and waste management 4,9077 268 7.9%8.9% services Educational, health and social services 1-2,94618,332 20.7%22.4% Arts, entertainment, recreation, accommodation and food services 3,8986 228 6.3%7.6% Other services(except public administration) -x,9633,400 -4-8%4.2% Public administration 3,3915 004 5.5%6.1% Total 64,96081,770 100.0% Source:U.S.Census.-2000 Bureau 2007-2011 American Community Survey Employment Status The City has a sizeable labor force that increased by 27.8 percent(18,236) between 2000 and 2006. During this time the unemployment rate increased from 3.7 percent to 4.0 percent, an increase of 1,226 unemployed persons. During the same period,the City achieved a marginal increase in the employment rate percentage of the population increasing from 65.7 percent to 66.5 percent, yet in absolute terms this represents an increase in 16,723 persons. In 2009 these employment statistics would be extremely different as regional news sources published a 14.2 percent unemployment rate for the Riverside-San Bernardino- Ontario MSA. City of Rancho Cucamonga HE-12 2013-2021 Housing Element-Revised Draft January 15,201414ra#EMafc-K-2-7.72O13 P130 Table HE-9: Employment Status Employment Status 2000 29862011 Number Percent Number Percent Population 16 years and over 94,364 100.0% 118,23612 100.0% 6,922 In labor force 65,509 69.4% 83,7459 70.6%71.0 71 Civilian labor force 65,482 69.4% 83,4348899 78-5%70.8 10 Employed 61,950 65.7% 78,67381,7 66-P664.4 70 Unemployed 3,532 3.7% /1,7558,140 4:0%6.4% Armed forces 27 0.0% 3-14161 0-2%0.1% Not in labor force 28,855 30.6% 34,4913 29.2%29.0 51 % Females 16 years and over 47,752 100.0% 69,48664,8 100.0% 28 In labor force 30,608 64.1% 37,749480 63.7%66.4 17 Employed 28,811 60.3% 36784639 3. 606%60.4 24 %• Source:U.S.Census,2000,2007—2011 American Community Survey , - - -• = • . • •- Per Capita Income Rancho Cucamonga residents consistently earn a higher per capita income than residents of the three surrounding jurisdictions and higher than the State average. The Rancho Cucamonga per capita income was 4.2 percent higher than the State average per capita income in 2000,and approximately 10 percent higher than the State per capita income in 2011200e. Table HE-10: Per Capita Income Jurisdiction Per Capita Income 2000 29862011 Fontana $14,208 $19,09019,297 Rancho Cucamonga $23,702 $29,97932,738 Ontario $14,244 $20,39719,123 Upland $23,343 $2-7;S8829,614 San Bernardino County $16,856 $20,72821,932 California $22,711 $26,97429,634 Source:U.S.Census,2000,A nerican - • .• , - . . - . .-• ' , -t=State and County Quick Facts,2013 Poverty Status The 2000 Census identified that there were 1,574 families and 8,955 individuals below the poverty level in 1999. Although this number is significant at 4.9 percent and 7.1 percent of the population, respectively, by far the most significant criteria relates to female headed householders. Although the figure does not represent a significant number of persons relative to the overall population of the City, the figure is significant in that 24.2 percent of the families with a female headed household, with no husband present, and with children under 5 years of age live below the poverty level. These are the most current published statistics for poverty within Rancho Cucamonga available from the Census Bureau. However, the national economic slowdown that occurred between 2007 and 2012 has most likely trended these numbers upward. City of Rancho Cucamonga HE-13 2013-2021 Housing Element—Revised Draft January 15,20148-,k"Minh 27,2013 P131 Table HE-11: Poverty Status Subject Number Percent below All income Below poverty poverty level levels level Families 32,271 1,574 4.9% With related children under 18 years 20,073 1,200 6.0% With related children under 5 years 7,221 523 7.2% Families with female householder,no husband 5,279 653 12.4% present With related children under 18 years 3,692 587 15.9% With related children under 5 years 1,100 266 24.2% All individuals for whom poverty status is 125,390 8,955 7.1% determined Under 18 years 37,561 3,074 8.2% 65 years and over 7,739 562 7.3% All individuals below: 50 percent of poverty level 4,292 125 percent of poverty level 11,677 130 percent of poverty level 12,415 Source:U.S.Census,2000 HOUSEHOLD PROFILE California Government Code §65583(a)(2) requires "an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock conditions." Household characteristics play an important role in defining community needs. Household type and size, income levels,and the presence of special needs populations all affect the type of housing needed by residents. This section details the various household characteristics affecting housing needs in Rancho Cucamonga. HOUSEHOLD TYPE A household can be defined as all persons living in a housing unit. Families are a subset of households,and include persons living together related by blood, marriage,or adoption. A single person living alone is also a household. Other households include unrelated people living in the same dwelling unit. Group quarters, such as convalescent facilities are not considered households. Household type, income, and tenure can help to identify the special needs populations as well as other factors that affect the housing needs of the City. Rancho Cucamonga has a significant number of families with children, who typically look for larger dwellings. In contrast, single-person households tend to have smaller housing needs and look for smaller housing options (i.e., condos, apartments, etc). While seniors may look for housing that is both affordable and easy to maintain. Rancho Cucamonga's household profile has seen some important changes with respect to household types. The City remains a predominantly family community with a 21.729.8 percent increase in family households. The majority of these households do not have children;-however,there has been a significant increase in the number of family households with no children between 2000 and 2010. The number of"add-other family" households decreased by 24 percent. As of 29.82010, the DOF estimated that Rancho Cucamonga has 54,036 54,383 occupied households, representing a 32.233.1 percent increase since 2000, compared to a 21.5 percent increase during the previous decade. Table HE-12: Household Characteristics Household Type 1490 2000 2000 2010 Percent Change Households Percent Households Percent City of Rancho Cucamonga HE-14 2013-2021 Housing Element—Revised Draft January 15,2014D-aft Morch 2',2013 P132 Total Households 40,863 100.0%100.094 54,383 10040,61009 +33.1% 421.5% 33,635 90,86_ Family Households 31,827 77.9%77.8°A 41,304 77.9%769 +29.8% 421.7% 26,16C 31,827 Married With 13,925 34.1%40.1°4 14,956 34.1%27.59 +7.4% 3.3% Children 13,981 13,925 Married No 10,6848,101 26.1%24.194 15,577 26.1%28.69 +45.8% 431.9% Children 10,681 Other Families 7218-1,578 17.7%13.6°' 5,488 7,218 17.7%10.19 -24% 157.7% Non-Family 9,036 7,475 22.1%22.29 4 13,079 9436 22.1%249 +44.7% 120.9% Households Singles 6,861-5,125 16.8%16.191 9,956 6864 16.8% 18.39 +45.1%436+5% Other Non-Families 2,175 2,050 5.3%6494 2,175 2,679 4.9%5+3- +7.5%+6.1°6 Average Household 3.041 2.98 3:04 -2.0% 1.0% Size Average Family Size 3.441 3.413:44 -0.9% 10.9% Source:U.S.Census,1990-2000 and 20002010 According to the ACS 1-Year Estimates, in 2007 2011 the average household size was 3.23 02 for owner- occupied households and 2. 62 for renter-occupied households. Household Income Household income is an important element affecting housing opportunities, as it is the primary factor determining the ability of households to balance housing costs with other basic necessities. The 20060 Census identified the median household income for Rancho Cucamonga at $60,93175,429, increasing to $75,42977,146 in 29962010, which was significantly higher than the San Bernardino County median household income at $42,06652,941 in 20060 and $52,94153,260 in 201006. In 29892013, for Federal assistance programs,the Department of Housing and Urban Development(HUD)identified a median income of$640062,600 for a family of four for the Riverside-San Bernardino-Ontario MSA. City of Rancho Cucamonga HE-15 2013-2021 Housing Element-Revised Draft January 15,20148ra#•March 27,2013 P133 Figure HE-2: Mean Income Levels Average Income $100,000 S87.251 $90,000 $82.672 $78.572 $80,000 $75,429 $66.446 $70,000 / $60,931 $60,000 Income Valu $50.34• $50,000 46.193 AMMO $40,000 $29 979 $32.285 $30,000 $23,70. $17,239 $20,000 $1 ■ $0 Per Capita Median Household Median Family ® 1990 ■2000 ❑2006 ❑2010 Source:U.S.Census,1989;1990,a-e -2000-,and 2010 American Factfinder,Selected Economic Criteria,2006 Income Definitions For planning and funding purposes,the State Department of Housing and Community Development (HCD) categorizes households into five income groups based on the County Median Area Median Income (AMI). These five income categories include: • Extremely Low Income— Up to 30 percent of the AMI. • Very Low Income—31 to 50 percent of the AMI. • Low Income—51 to 80 percent of the AMI. • Moderate Income—81 to 120 percent of the AMI. • Above Moderate Income—Greater than 120 percent of the AMI. When combined, the extremely low, very low, and low income households are often referred to as lower income households. Income by Household Type and Tenure While housing choices, such as tenure (either owning or renting) and location are income dependent, household size and type often affect the proportion of income that can be spent on housing. Income data developed by HUD, based on the 2898 Census, is used to provide an overview of income distribution by household type and tenure in Rancho Cucamonga. By looking at the breakdown of household type by income group,the housing needs of special groups can be identified. As shown in the following table,Small City of Rancho Cucamonga HE-16 2013-2021 Housing Element—Revised Draft January 15,2014 P134 Family households made up the majority of households in all income categories. Roughly half of all elderly households are in the extremely low, very low, and low income categories. Table HE-13: Household Income Profile by Household Type Extremely Low Very Low Low Income Moderate/Above Percent of Income Income (51-80%AMI) Moderate Income Total (0-30%AMI) (31-50%AMI) (81%+AMI) Households Total HH % HH % HH % HH % HH % Households 3,1492 6.15-6 3,5732 6.9 -7 6,5864 12.74 38,7353 74.477: 52,04344 100.0% T2$5 % ,342 % ,521 1,0% 4$62 7% 7010 Elderly 97066 1_91 1,2906 2_51-.6 1,8959 3_62-2 1,1302 2_25-8% 5,33545 10.314, 3 % 39 % 02 % 387 9-1 2% Small 88576 1.74,9 1,4109 2.72-3 2,6102 5.05.1 24,5301 47.146: 29,43522 56.655 Families 4 % 55 % ;089 % 9 19 6% ,918 9% Large 23026 0_40-6 48533 0_90,8 7307-2 1.41-:8 5,9255, 11.413- 7,3706,7 14.246. Families 4 % 3 % 5 % 42-5 2% 47 4% —Others 51559 101:4 65044 1_24:0 1,0658 2.0% 7,950¢ 15.31-2- 10,18067 0_216.5 4 % S % OS 940 1% 754 % Elderly=Household contains at least one person 62 years of age or older :• --•:-_ -•: : _ - • - - _- Small Families=Families with two to four members Large Families=Families with five or more members Others=Households with one or more children 6 years old or younger'All others HH=Households Source: -P - - = -• -••: = _ •--- • :- .•. ••_ _- - - -- -SCAG Local Housing Element Assistance: Existing Housing Needs Data Report 2012&2005-2009 ACS HOUSING PROBLEMS Typical housing problems include cost burden,overcrowding,and substandard housing. Many lower income households (e.g., extremely low, very low, and low income) cope with the housing cost issues either by assuming a cost burden, or by occupying a smaller than needed,or substandard housing unit. Specifically, based on Comprehensive Housing Affordability Strategy (CHAS) statistics, 73.875 percent of the City's extremely low income, 84,967.2 percent of the very low income, and 75.450.8 percent of the low income households were experiencing one or more housing problems (e.g., cost burden, overcrowding, and substandard housing) in 2.0002010. In general, the City's housing stock is in good condition. According to the 1990 Census, 36,169 units were available in 1990. A building spurt occurred from 1970-1979 when 31.1 percent, or 11,296 units, were constructed. A larger spurt occurred during the five-year period from 1985-1989 when 33.7 percent, or 12,309 units,were added to the housing stock. The 1990's saw an increase of almost 4,800 units,and State estimates for the seven year period starting in 2000 show an increase of over 12,000 units.According to the 2000 Census, 42,229 units were available in 2000, and according to the 2010 Census, 56,618 units were available in 2012; a 25 percent increase within the 10 year period. Overcrowding Overcrowding is defined by HCD as a household with more than one person per room(excluding bathrooms, kitchen,etc). Severe overcrowding is defined as more than 1.5 persons per room. From 1990 to 2000,the incidents of overcrowding increased slightly; . • - - -• _ -• - -- - • -• . : - increased by only 96 households(an increase of 12.7 percent).whereas from 1990 to 2000, it has decreased for owner households, but increased for renter households. Increased overcrowding appears to disproportionately affect renter households. Census figures estimate that 7,25_9 percent of the renter-occupied households and 3:31_9 percent of the owner-occupied households City of Rancho Cucamonga HE-17 2013-2021 Housing Element-Revised Draft January 15,2014Draft--March 27,2013 P135 were living in overcrowded conditions. These conditions can be attributed to high housing costs relative to income, combined with inadequately sized housing units. And when considering severely overcrowded conditions,the differences are similar as 4 01.1 percent of renter-occupied households and 01.3 percent of owner-occupied households were considered to be living in severely overcrowded conditions. Table HE-14: Overcrowding by Tenure Owner-Households Renter-Households Total Households Number Percent Number Percent Number Percent 4482000 Total Overcrowded 960649 3.3%2.6% 877486 7.2%4.9% 1,8371796 4.5%3.2% (>1.0 persons/room) Severely 368272 1.3%1.2% 483483 4.0%4.9% 851755 2.1%2.24„ Overcrowded (>1.5 persons/room) 20802010 Total Overcrowded 710960 3.3%1.9% 8771 028 7.2%5.9% 1,8371 738 43%3.2% (>1.0 persons/room) Severely 103368 1.3%0.3% /183192 40%1.1% 851295 2.1%0.5% Overcrowded (>1.5 persons/room) Source:U.S.Census,1990 2000 and 20002010 Cost Burden/Overpayment Employment, household income, and the availability of a wide range of housing types directly relate to housing affordability. Within Rancho Cucamonga,most owners and renters can afford their housing costs by the measure of affordability recognized by the Federal government. Housing cost burden, also known as overpayment, is defined as a housing cost that exceeds 30 percent of a household's gross income. A severe cost burden is a housing cost that exceeds 50 percent of a household's gross income. Housing cost burden is particularly problematic for the extremely low,very low,and low income households because a high housing cost typically leaves little resources remaining for a household to cover other living expenses. In renter-occupied households,;828.7 percent experience cost burden and X24.5 percent experience severe cost burden. Among owner-occupied households, 32.527.3 percent experience cost burden and 10.218.5 percent experience severe cost burden. Most notably, among all households 33.827.7 percent experience overpayment and 11.320.4 percent experience severe overpayment. The following tables highlight the total percentage of renter and owner households overburdened by housing costs. Overall,cost burden affects owner-occupied and renter-occupied households similarly in the lower income groups(extremely low,very low,and low income). As market rents are generally affordable to moderate income households, renters in this income group do not appear to be as impacted by a cost burden. City of Rancho Cucamonga HE-18 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P136 Table HE-15: Housing Cost Burden (Overpayment (>30%)) Extremely Low Very Low Low Income Moderate/ TOTAL Income Income (51-80%AMI) Above (0-30%AMI) (31-50%AMI) Moderate Income Household (81%+AMI) Type Owner Renter Owner Renter Owner Renter Owner Renter Owner Renter Elderly 62.7% 83.8% 655.5% 91.3% 39.1% 86-0-% 23.7% N/A80 36.9% 65.7% 440 370 385 455 555 245 N/A % 2,190 1,245 Small Families 65-8% 76.66% 82,8% 90.4% 82.4% 69-3% N/A24, N/A1-i: 30.4% 34.2% 130 620 570 630 1,075 1,055 7% 4% 8,695 3,800 Large Families 81.8% 86,1% 82--3% 77.1% 77.2% 59.1% N/A23- N/A9.7 30.5% 34.2% 10 150 145 205 385 180 7% % 2,665 770 Others 63-6% 624% 92.1% 84-4% 70.0% 72.1% N/A36: N/A43- /13.6% 33.0% 80 370 175 620 355 860 1% 0% 2,535 3,065 Total 664% 76.096 78.1% 874% 69.744 N/A70 N/A,24 N/A14 324% 36.8% 920 1,695 1,665 2,145 3,290 .74 .7% 4% 36,735 17,520 >30%=Housing cost that exceeds 30 percent of a household's gross income. Elderly=Elderly headed households with one to two members,Small Families=Families with two to four members,Large Families=Families with five or more members,Others=All others. Source:SOLOS CHAS-Data,-20002005-2009 CHAS Table HE-16: Housing Cost Burden (Severe Overpayment (>50%)) Extremely Low Very Low Low Income Moderate/ TOTAL Income Income (51-80%AMI) ' Above (0-30%AMI) (31-50%AMI) Moderate Income Household (81%+AMI) Type Owner Renter Owner Renter Owner Renter Owner Renter Owner Renter Elderly 55.2% 76.2% 26042 66.2% 28523 7.2%1 N/A43 N/A00 1,1101 80036: 315 370 9% 250 94 35 96 % 7.4% 9% Small Families 68.8% 64,9% 53566- 51.9% 70548- 6,4%4 N/A2:6 N/A0:8 3,2758 1,6554 130 595 796 520 5% 65 96 96 .1% 1.0% Large Families 81.8% 76.6% 5060.1 25.7% 23524, 6.19GN N/A3-8 N/A8-8 9108.1 2401-2- 10 135 % 105 196 L % % % 5% Others 63-6% 56.1% 17578 66.7-% 26578 63%4 N/A4:8 N/A0-4 1,1351 1,4301 80 320 9% 575 0% 05 96 96 64% 2.0% Total 63,4% 66.1% 1,6656 53.6% 3,2906 6.4%N N/A3. N/AA. 36,735 17,520 920 1,695 9,4% 2,145 84% L 296 596 1072% 13.996 >50%=Housing cost that exceeds 50 percent of a household's gross income. Elderly=Elderly headed households with one to two members,Small Families=Families with two to four members,Large Families=Families with five or more members,Others=All others. _ Source:COLDS CHAS n„ 20002005-2009 CHAS Table HE-17: Housing Cost Burden (Total Households) Extremely Low Very Low Low Income Moderate/ TOTAL Income Income (51-80%AMI) Above (0-30%AMI) (31-50%AMI) Moderate Income (81%+AMI) >30% >50% >30% >50% >30% >50% >30% >50% >30% >50% Total HH 20572 1,8206 67582: 2,3555 1,9656 2,3902 22.4% 2-696N 13,740 10,100 0% 5.0% 6% 6:6% 9.4% 2.1% N/A L 33..8% 11.3% >30%=Housing cost that exceeds 30 percent of a household's gross income >50%=Housing cost that exceeds 50 percent of a household's gross income _ City of Rancho Cucamonga HE-19 2013-2021 Housing Element-Revised Draft January 15,2014DraftAAare4-2-7- 2013 P137 HH=Households Source:2005-2009 CHASSOCDS CHAS Data,2000 Substandard Units The general definition of a substandard unit is a unit that does not meet the Federal Housing Quality Standards of the Section 8 Rental Assistance Program and/or the City of Rancho Cucamonga's Development Code. While it is not possible to determine the number of units that meet such criteria,the number of units may be estimated by evaluating specific factors that indicate a unit is substandard. When the potential presence of lead-based paint is subtracted,the number of substandard units is estimated to be 569485 or around 1.00.9 percent, of the City's housing stock. Specifically, the 2000—ACS Census identified incidences of substandard factors, including incomplete plumbing,the lack of a complete kitchen and heating fuels,and vacant and boarded-up homes,as well as the Of the total incidence of 2,315 2,267 substandard factors,83 percent,or 1,9221,882 factors,were considered suitable for rehabilitation. From January 1,25002008,to December 31,250-72012,more than 1760 single- family units were demolished. Substandard conditions are also addressed through the CDBG Home Improvement Program. Table HE-18: Incidence of Substandard Factors Factor Type Extremely Low,Very Low,& Low Income Combined Renter l Owner Possible Lead Paint 1 524 _ 1,222 Lacking Complete Plumbing Facilities 2 3-532 2972 Lacking Complete Kitchen Facilities 3 _ 46365 10689 No Telephone Service 4 6-6979 I 4-54512 No Heating Fuel Used s 2565 5-8153 Total Substandard 6061,441 4764.0826 Substandard But Rehabable 6 5771,196 1,343686 Source: 1. SOCDS CHAS Data. 2.to 4. 2005-2009 ACS 2.to 5.5. 2000-Census-2006-2010 ACS Percentage of Renters and Owners calculated based on overall citywide proportion(30%Renters,and 70% Owners). 6. Assumption that 83%of all units are suitable for rehabilitation. Target Areas for Assistance HUD Community Development Block Grant (CDBG) requirements establish that 51 percent of the persons benefiting from a program are of low and moderate income. When considering current Census Tract Block Group data,only 2 of the City's 36 Block Groups have a low and moderate income population that meet this minimum requirement. To address this requirement, HUD allows cities to utilize the Upper Quartile Method whereby Block Groups are arranged in a descending order, based on the percentage of low and moderate income residents within each Block Group. Multiplying the total number of Block Groups by 25 percent results in one-quarter of the total, or a Block Group quartile. The lowest percentage of low and moderate income residents in the top 25 percent of all Block Groups establishes the threshold for the Upper Quartile. Utilizing this method, those Upper Quartile Census Tract Block Groups with a 28.3 percent or greater concentration of low-income persons qualify as target areas. Two target areas have historic community identities, Northtown (located south of Foothill Boulevard between Haven Avenue and Archibald Avenue) and southwest Cucamonga (located south of Foothill Boulevard west of Hellman Avenue). Portions of Alta Loma and the Rochester Tract,which were previously qualified by a special census, do not qualify for assistance by the Upper Quartile Method. Historically,City City of Rancho Cucamonga HE-20 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P138 resources, including CDBG and Redevelopment funding have been focused on Northtown and Southwest Cucamonga. Conservation and rehabilitation of housing stock has been a priority in the target areas. SPECIAL HOUSING NEEDS California Government Code§65583(a)(7) requires "lain analysis of any special housing needs,such as those of the elderly,persons with disabilities,large families,farmworkers,families with female heads of households, and families and persons in need of emergency shelter." State law recognizes that certain groups have greater difficulty in finding decent and affordable housing due to special circumstances. Special circumstances may be related to one's income, family characteristics, or disability status. In Rancho Cucamonga,special needs populations include the senior households, persons with disabilities, female headed households, large households, the homeless, students, and farmworkers. SENIOR HOUSEHOLDS Senior households have special housing needs due to a variety of concerns, including: a limited or fixed income, health care costs, transportation, disabilities, and access to housing. Rancho Cucamonga experienced a 5-1:960 percent increase in senior residents from ,99 0002000 to 2010(Table HE-2). The ACS cstimated2010 Census indicated that in 2007, 6.618.3 percent of Rancho Cucamonga residents were senior households; increasing from 5.0 percent in 1990 and 6.0 percent in 2000 to 4.0 percent in 2010. Further,according to the 2-9042010 Census, 7,78,°9,943 persons 65 years of age and over reside in the City; representing a significant needs group. A large proportion of elderly renter and owner households have incomes below 80 percent of the area median family income. Within the elderly population, 73.190.2 percent of all elderly renters and 33-870.3 percent of all elderly homeowners are within the lower income categories(e.g., extremely low,very low,and low income). A cost burden greater than 30 percent of their income is experienced by X86 percent of all elderly renters and 35.363 percent of all elderly homeowners (Table HE-15). Additionally, 36.994 percent of all elderly renters and 17.477.5 percent of all elderly homeowners experienced a cost burden greater than 50 percent of their income (Table HE-16). Many senior citizens have reached their retirement years without adequate resources to meet their needs. For renters, the problem of living on fixed incomes in a housing market where costs increase faster than inflation can be difficult. Even those seniors who prepared well for their retirement may have had their savings depleted as the result of declining interest rates or a lengthy illness. Social service professionals who work with seniors stress that while the elderly do not mind living alone and often prefer it,they want to be part of a neighborhood where they feel an attachment,a sense of belonging, feel reasonably safe, and have easy access to basic services. However, housing costs and living expenses may increase and threaten their ability to continue to live in neighborhoods where they may have spent substantial parts of their lives. The special needs of seniors can be met through a range of services, including congregate care, rent subsidies, shared housing,and housing rehabilitation assistance. As demonstrated in the previous data,the elderly need assistance with rental housing, and local senior housing projects and Federal Section 8 rental assistance programs address the elderly rental need. Those seniors who own their own homes may have difficulty when non-housing expenses increase and their income does not. In such cases,home maintenance needs are often deferred. Elderly homeowners often need housing rehabilitation services; local repair and rehabilitation programs address the elderly homeowner need. In Rancho Cucamonga, the allocation of public resources to assist seniors with their housing needs is higher than for any other special needs group. PERSONS WITH DISABILITIES A disability is defined as a long lasting condition that impairs an individual's mobility, ability to work, or ability to care for themselves. There are three different types of disabilities that create varying housing needs. These include the physically disabled, the developmentally disabled, and the mentally disabled. City of Rancho Cucamonga HE-21 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P139 Disabled persons have special housing needs with regard to accessibility, location, and transportation and because of their fixed income, shortage of affordable and accessible housing, and higher health costs associated with their disability often have a reduced ability to afford adequate housing. -The 2-0642010 Census identifies four different disability categories: 1)sensory, 2) physical, 3) mental,and 4) self-care. Persons with disabilities often require public assistance, including housing needs. The 2010 Census did not tract disabilities;however,Aaccording to the 2009-2011 ACS2000 Census,a total of 17,29212,802 persons (14.87.9 percent of the population 5 years and over) in Rancho Cucamonga have a disability. This includes 3,84.0 percent (962 1,232 persons) of those aged 5 to 1745, 15.36.5 percent (1-2794-96,979 persons)of those aged 1816 to 64,and 44.137.3 percent(3,4114 549 persons)of those aged 65 and older. In absolute terms,the 1816 to 65 age group has the highest number of disabled persons, but in relative terms as a percentage of the population,the population age group of 65 and older has the highest number of disabled persons with almost half of the population having at least one disability. Over two thirds be+at-em-Plelec. Table HE-19: Disability Status (2009-2011) Disability Type %of Disabilities Tallied Age 5 Age 18 Age 65+ Total to 17 to 64 With a hearing difficulty 0.8% 1.6% 12.9% 2.2% With a vision difficulty 0.4% 1.0% 9.0% 2.4% With a cognitive difficulty 2.8% 2.2% 10.0% 2.6% With an ambulatory difficulty 0.1% 3.2% 25.7% 2.7% With a self-care difficulty 0.6% 1.3% 11.8% 2.7% With an independent living difficulty N/A 2.3% 18.2% 2.8% Total Persons with Disabilities 1,232 6,979 4,549 12,802 Notes: 1. Persons under 5 years of age are not included in this table. 2. Persons may have multiple disabilities. Source:American Community Survey Table 51810,Disability Characteristics The City's disabled population needs a range of facilities and services. Facilities include physical access to buildings and transportation. The minimum requirement is set forth by Federal legislation. Specially equipped housing units are needed. Special equipment includes lifts, ramps, grab bars, extra-wide doorways, special kitchen equipment, and special bathroom design. Such equipment is generally privately provided on a case-by-case basis. Handicapped renters are permitted to install special equipment, but low- income disabled persons may need public assistance to achieve a livable dwelling unit. Specially equipped units may be included in senior housing designs. As indicated by the Census figures, many disabled persons work and live independently. According to social service professionals, housing assistance is often needed when disabled individuals complete rehabilitation programs. For low-income disabled,assistance with the installation of special equipment and availability of affordable housing are primary needs. The range of services for the disabled includes full institutional care, transitional care, and independent living. Transitional care may be provided by families or through group quarters. The latter may include on- site professional or paraprofessional support. The State of California Community Care Licensing Division identifies a variety of residential care facilities in Rancho Cucamonga, these include: 4 Adult Day Care Facilities,4213 Adult Residential Facilities, 65 Group Home Facilities,4411 Residential Care for the Elderly Facilities, and 23 Small Family Home Care Facilities. PERSONS WITH DEVELOPMENTAL DISABILITIES City of Rancho Cucamonga HE-22 2013-2021 Housing Element—Revised Draft January 15,2014Ocaft March 27,2013 P140 A developmental disability is defined as a disability that originates before an individual becomes 18 years old, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. Federal law defines development disabilities as a severe, chronic disability that: • Is attributed to a mental or physical impairment or a combination of mental and physical impairments; • Is likely to continue indefinitely; • Results in substantial functional limitations to three or more of the following areas of major life activities; self care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, and economic self-sufficiency; and • Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services,supports,or other assistance that is of lifelong or extended duration and is individually planned and coordinated,except that such term,when applied to infants and young children means individuals from birth to age 5,inclusive,who has substantial developmental delay or specific congenial or acquired conditions with a high probability of resulting in developmental disabilities if services are not provided. The U.S.Administration of Development Disabilities estimates that 1.5 percent of a community's population may have a developmental disability. The California DOF estimated the City's 2012 population at 169,498 persons, which means that there could be approximately 2,542 persons with developmental disabilities in Rancho Cucamonga. Some residents with developmental disabilities may live comfortably without special accommodations,but others require a supervised living situation such as group housing or an assisted living facility. Rancho Cucamonga residents with developmental disabilities can seek assistance from the Autism Society Inland Empire in Corona or at the Inland Regional Center in San Bernardino, the largest regional developmental disability support center in California. The Inland Regional Center provides assistance to 920 Rancho Cucamonga residents (including 214 from zip code 91701,400 from 91730, 129 from 91737, and 177 from 91739). Some people with developmental disabilities may require modifications that allow freedom of movement to and from,or within a housing unit. Title 24 of the California Code of Regulations establishes accessibility and adaptability requirements for public buildings. There are also state and federal minimum standards for multi-family housing; however, as these standards are not mandatory for single-family homes, in-home accessibility can be an issue for people with disabilities. The City of Rancho Cucamonga permits encroachments into setbacks for an accessory structure (such as a wheelchair ramp)and recently adopted Reasonable Accommodation standards as part of the City's Development Code update, which allows for reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. FEMALE-HEADED HOUSEHOLDS Single-parent households typically have a special need for such services as childcare and health care,among others. Female-headed households with children tend to have lower incomes, which limits their housing options and access to supportive services. A mother with her own children constitutes a female-headed household. According to the 20010 Census, 3,8477,514 households(9-313.8 percent of all households)are female-headed households and 446_0 percent of all households are male-headed;thus,43-419.8 percent of all households are single-parent households. In comparison,the 4990-2000 Census counted 9,213.4 percent for all single-parent households,of which 7-09_3 percent were female-headed. According to the 2005-2009 ACS 5 Year Estimate,the percentage of families and people whose income in the past 12 months is below the poverty level for all families is 3.9 percent, whereas, female households make up 9.5 percent. substantially less 4J4con4e than other household categories; in comparison, the mean income for married City of Rancho Cucamonga HE-23 2013-2021 Housing Element—Revised Draft January 15,20140ra#Mar-eh-27,2013 P141 a_. According to the 2000 2010 Census, poverty level is based on the national average income and was at or below$17,05022,314 for a family of four. The incomes of 653575 female-headed households,representing 12.4 8.1 percent of the 5,2797,127 female headed households with no husband present were below the national poverty level. In comparison, the incomes of 694750 married couple families, representing 2-82.5 percent of the 24,75329 521 married-couple families were below the national poverty level. In addition to housing assistance, it is reasonable to assume that all households that fall below the poverty level are in need of social service assistance, including childcare and healthcare, and that many also need assistance with education and job training. It is also reasonable to assume that high proportions of poverty level households, particularly single-parent households, are at risk of homelessness. LARGE HOUSEHOLDS Large households consist of five or more persons and are considered a special needs population due to the limited availability of affordable and adequately sized housing. The lack of large units is especially evident among rental units. Large households often live in overcrowded conditions, due to both the lack of large enough units, and insufficient income to afford available units of an adequate size. Large households comprise a special needs group because of their need for larger units, which often will command higher prices that are not affordable to many large households. In order to save for other necessities such as transportation, medical,food, and clothing, it is not uncommon for lower income large households to reside in smaller units, which results in overcrowding. In 28002010,there were X10,86354,383 households in Rancho Cucamonga;of these,6,86112,509 were single person households, 27,23237,998 were 2 to 4 person households, and 67-706,651 were large households. Large households comprised 46:-612.2 percent of all households, of these large households, 12.530.7 percent, or X92,043 households are renter-occupied (2011 ACS 1 Year Estimate). Table HE-20: Large Families by Tenure Occupancy 19902000 20002010 Total HH Large HH Percent Total HH Large HH Percent Owner- 28,70223,609 5,2513,971 18.3%464% 38,19228,702 4,6085,251 12.1%48.3% Occupied Renter- 12 1614-07026 1,5191,123 12.5%11.2% 18,96612,161 2,0434 54.9 10.8%12.5% Occupied Total 40,86333,635 6,7705,094 16.6%16.0% 57,15840,863 6 651.67770 11.6%4676% Source:U.S.Census,1990 2000 and 28692011 ACS 1 Year Estimate,HH= Households Rancho Cucamonga addresses the affordable housing needs of large households by offering home ownership assistance and by encouraging the development of affordable housing units with two or more bedrooms. The City provides infill single-family homes with Northtown Housing Development Corporation(NHDC)and previously provideda-lse-pfevides Down Payment Assistance through the Redevelopment Agency(RDA)First Time Homebuyer Program. With the recent elimination of the RDA,this program is still in place for existing participants, but there are no new funds available for any new applicants. financial assistance to non profit and fer profit developers to construct affordable homes suitable for a HOMELESS An analysis of the City's homeless population can be challenging because of the transient nature of the population. People can be classified homeless because of a variety of circumstances including: 1) those persons who are chronically homeless resulting from alcohol or drug use, and 2) those persons who are situationally homeless resulting from job loss, arguments with family or friends, incarceration, or violence City of Rancho Cucamonga HE-24 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P142 (both family and domestic). In 2007 the Community Action Partnership of San Bernardino County completed a homeless census and survey to address the prevalence of homelessness in the County. The San Bernardino County Homeless Coalition is organized into five local coordinating groups; District 2 encompasses the immediate regional area and includes Fontana, Rancho Cucamonga, and Upland. The survey identified a total of 7,331 homeless persons, an increase of 2,061 over the 2003 survey(an increase of 41 percent). The survey identified 7,198 homeless persons within the five districts, 122 of those persons were located within Rancho Cucamonga, representing a 53.1 percent decrease from 2003. The San Bernardino County Homeless Census and Survey results for District 2 counted a total of 741 persons, 122 of which were located within Rancho Cucamonga. This total resulted from a count of 48 individuals, 14 people in families, and 60 people in cars/RV's/vans. The majority of the homeless persons were unsheltered; the sheltered count included only the 14 people in families. In 2011,the San Bernardino County Homeless Partnership(SBCHP)prepared the San Bernardino 2011 Point- In-Time Homeless Count&Survey Report to evaluate incidences of chronic homelessness on a county wide basis. The Point-In-Time Count(PITC)resulted in a total of 2,876 persons, including 1,692 unsheltered, 1,039 either sheltered or in transitional housing,and 145 persons or families using hotel/motel vouchers. The PITC was not intended to convey the total number of persons who are experiencing homelessness throughout the year, but represents those observed during the count itself. PITC counts are not available at the city level,so a current count of homelessness within the City is not provided. To address the City's homeless special needs population Rancho Cucamonga annually utilizes 15 percent of their CDBG allocation to provide public and supportive services to prevent homelessness and/or aid those who are homeless or at risk of becoming homeless. As required by Federal regulations, these funds are directed to those persons in need (as 51 percent of those served must be low and moderate income), especially those with special needs. Homeless supportive and prevention services funded through the City's CDBG program may include: • House of Ruth — Provides shelter(transitional housing),programs,education,and opportunities for safe, self-sufficient, healthy living for battered women and their children who are at-risk of homelessness. • Foothill Family Shelter— Provides a 90-day transitional housing shelter for homeless families with children. • Inland Valley Council of Churches (SOVA Program) —Provides a 5-day food supply for all members of a household. • Inland Fair Housing and Mediation Board—Addresses fair housing mediation and landlord-tenant dispute resolution services, which helps prevent homelessness. STUDENTS Various institutions of higher learning are located within the City of Rancho Cucamonga, including Chaffey College, University of La Verne, University of Redlands, and University of Phoenix. As of the 2009 Ccnsus2006-2010 ACS 5 Year Estimate,a total of 16,06910,693 Rancho Cucamonga residents were enrolled in college or graduate school(Table HE-3),comprising 9.7874 percent of the population. These students have unique housing needs because they may have limited funds, be on a relatively tight budget, and in need of short term housing. A lack of affordable housing impacts this special needs group, which often leads to overcrowded living situations. Because the City benefits from an educated population,an additional consideration is the retention of recent college graduates. As young professionals begin their career they are often unable to afford most apartment rental prices and the purchase price of a home, and would seek housing opportunities in neighboring communities. City of Rancho Cucamonga HE-25 2013-2021 Housing Element-Revised Draft January 15,20149raf1 March 27,2013 P143 FARM WORKERS According to the 2006-2010 ACS 5 Year Estimate'^"^ :ss, there were 196117 persons employed in farming, forestry, and fishing occupations (Table HE-8),which is less than 0.2 percent of the 79,9950 employed persons living in the City. There is no information available to desegregate farmworkers from the category "farming, fishing, and forestry." Based on the absence of agricultural production in the City, it is assumed that there are very few such jobs. Citrus and vineyard agriculture was declining at the time of the City's incorporation and there are currently no agricultural zones in the City, A few orchards and vineyards remained in production during the transition years before urban buildup. As a consequence of the small population and rapidly declining agricultural production, no statistical need for housing has been identified for farmworkers. HOUSING STOCK CHARACTERISTICS Residential growth has fundamentally defined the housing character of Rancho Cucamonga and is one of the more tangible measures of the quality of life found in each neighborhood. Rancho Cucamonga contains a mixture of seven major residential neighborhoods, each distinguished by its own history, housing type, lot patterns, and street configuration. These seven areas include the original three communities that formed Rancho Cucamonga, i.e., Alta Loma, Cucamonga, and Etiwanda, and those areas of infill and surrounding development consisting of Etiwanda North, Terra Vista, Victoria, and Caryn. Alta Loma The Alta Loma area encompasses roughly one-third of Rancho Cucamonga and is bordered by the City boundary to the north and west, Deer Creek to the east, and Base Line Road to the south. This area is characterized by stable neighborhoods, established single-family homes situated on larger one-half acre equestrian oriented lots in the northern portion and one-quarter acre lots to the south. The neighborhood contains a variety of multi-family housing complexes that are situated along the major boulevards in the southern portion. Cucamonga The Cucamonga area encompasses roughly one-third of Rancho Cucamonga and is bordered by Base Line Road to the north, Deer Creek Channel to the east, and the City boundary to the west and south. This area contains a stable mix of single-family and multi-family housing. This area also contains the Red Hill area distinguished by hillside terrain, a non-traditional street layout, a wide mix of lot sizes, and is anchored by the Red Hill Country Club. Etiwanda The Etiwanda area is located along the eastern portion of Rancho Cucamonga and is bordered by the City boundary to the north and east, Day Creek Channel to the west, and Foothill Boulevard to the south. The Etiwanda Specific Plan was developed to retain the rural character of the area and equestrian orientated residential development. The area is characterized by stable residential neighborhoods surrounded by Eucalyptus windrows reminiscent of the agricultural heritage of the area. Residential uses include a mix of one acre, one-half acre, and one-quarter acre residential lots, with the larger lots suitable for equestrian uses. Etiwanda North The Etiwanda North neighborhood is located to the north and west of the Etiwanda area. The neighborhood contains large single-family lots, similar to the Alta Loma area, but utilizes a non-traditional street layout. Terra Vista The Terra Vista neighborhood, generally located north of Foothill Boulevard, south of Base Line Road, between Haven Avenue and Rochester, is distinguished by curvilinear streets,small lot single-family homes, City of Rancho Cucamonga HE-26 2013-2021 Housing Element-Revised Draft January 15,2014Draf-March 27,2013 P144 and quality multi-family housing. This neighborhood includes several parks, supportive commercial land uses, and the Rancho Cucamonga Central Park, a 103 acre park currently anchored by the James L. Brulte Senior Center and the Goldie S. Lewis Community Center. Victoria The Victoria neighborhood is located to the north and east of Terra Vista. The Victoria area is distinguished by stable residential developments, curvilinear streets,and small and mid-size single-family homes. The area includes several parks, supportive commercial land uses, and is anchored by Victoria Gardens. Caryn The Caryn area is located north of the 210 freeway, south of Banyan Street, between Milliken Avenue and Rochester Avenue. The Caryn neighborhood is a fully developed residential development community containing a variety of parks, curvilinear streets, and small to mid-sized single-family homes. The Housing Element will provide policy guidance to strengthen each neighborhood and guide residential development throughout the duration of the planning period. HOUSING GROWTH Between 1990 and 2000, Rancho Cucamonga's housing units grew by 5,947 housing units, an increase of 16.4 percent. According to the DOF, Rancho Cucamonga has a total of 5-5774657 443 housing units as of January 1, 20122089. This represents an increase of 15,30913,582 housing units since 2000, an overall increase of 36.332.2 percent, which is over double that of the growth rate experienced by the County. As Rancho Cucamonga matures,the amount of vacant residentially zoned land available for new development will lessen, which will allow for modest growth during the planning period. Table HE-21: Housing Growth City Housing Units Percent Change 1990 2000 201209 1990-2000 2000-20120.9 Fontana 29,383 35,907 52,38150,365 22.2% 45.810.3% Ontario 42,536 45,182 47 62647,390 6,2% 5_44.9% Rancho Cucamonga 36,187 42,134 57,44364418 16.4% 36.33.24% Upland 24,496 25,467 27,41126,742 4.0% 7_65-0% San Bernardino County 542,332 601,369 702,911690,234 10.9% 16.914.8% Source:U.S.Census,1990 and 2000,DOF Table E-5 HOUSING TYPES AND TENURE A diverse range of housing types helps to ensure that all households, regardless of income, age, or household size,will have the opportunity to find housing suitable to meet their housing needs. Of the City's nearly 57,44356,000 housing units in 201209, 68.370:0 percent are single-family units and 29.02-74) percent are multi-family units. Rancho Cucamonga also has 8 mobile home parks with 1 5314738 mobile home units, which in 201289 make up just 2.75 percent of the housing stock. Table HE-22: Housing Unit Type Housing Unit Types 1990 2000 201209 Percent Change Number Percent Number Percent Number Percent 1990- 2000- 1 2000 201299 City of Rancho Cucamonga HE-27 2013-2021 Housing Element—Revised Draft January 15,201 P145 Single-Family Detached 24,527 67.8% 29,220 69.4% 35,6103 61.964.0 19.1% 21.922.1 574 % % Single-Family Attached 2,238 6.2% 2,532 6.0% 3,6623;3 6_464% 13.1% 44.633.2 73 % Multi-Family(2-4 units) 1,266 3.5% 1,794 4.3% 2,732479 4.83+9% 41.7% 52.38-9 54 % Multi-Family(5+ units) 6,810 18.8% 7,216 17.1% 13,9084 24.223.9 6.0% 92.784-8 3,335 % % Mobile Homes 1,346 3.7% 1,372 3.2% 1 531173 2_72-5% 1.9% 11.60-6 80 Total 36,187 100.0% 42,134 100.0% 57,4436 100.0% 16.4% 36.3324 677-]6 `Yo Vacancy Rate 7.5% 3.0% 3.950% -75.0% 31.698 % Source:U.S.Census,1990 and 2000,DOF Table E-5 Housing tenure refers to whether a housing unit is owned, rented, or is vacant. Tenure is an important indicator of the housing climate of a community, reflecting the relative cost of housing opportunities, and the ability of residents to afford housing. Tenure also influences residential mobility,with owner-occupied units generally having lower turnover rates than rental housing. Most residents of Rancho Cucamonga live in owner-occupied housing;the ratio of owner-occupied to renter-occupied housing has remained constant at around 70.0 percent since 1990. Table HE-23: Housing Tenure Occupied Housing 1990 2000 2009 Units Households Percent Households Percent Household Percent Owner Occupied 23,639 70.0% 28,814 70.3% 36,733 67.7% Renter Occupied 9,997 30.0% 12,162 29.7% 17,520 32.3% Total 33,636 100.0% 40,976 100.0% 54,253 100.0% Source:U.S.Census,1990 and 2000,SCAG Existing Housing Needs Data Report VACANCY RATE A vacancy rate measures the overall housing availability in a community and is often a good indicator of how efficiently for-sale and rental housing units are meeting the current housing demand. A vacancy rate of 5.0 to 6.0 percent for rental housing and 1.0 to 2.0 percent for ownership housing is generally considered healthy and suggests that there is a balance between the demand and supply of housing. A lower vacancy rate may indicate that households are having difficulty in finding housing that is affordable, leading to overcrowded conditions or a cost burden for households paying more for housing than they can afford. Between 1990 and 2000, the overall vacancy rate decreased from 7.5 percent to 3.0 percent. The vacancy rate for buildings with five or more units was significantly higher than for other unit types. The City believes that the Census overstated the 1990 vacancy rate by approximately 3.5 percent through field survey errors which resulted in the unexpected vacancy rate for 5+ units at nearly 15 percent. Beginning in 20105 e 2800, DOF records have consistently shown a 3.9502 percent vacancy rate for the City. City of Rancho Cucamonga HE-28 2013-2021 Housing Element-Revised Draft January 15,20140caft March 27,2013 P146 Table HE-24: Vacancy Rate by Unit Type Unit Type 1990 2000 Total Units Vacant Vacancy Total Units Vacant Vacancy Units Rate Units Rate Single Family Detached 24,527 1,469 6.0% 29,286 624 2.1% Single-Family Attached 2,238 147 6.6% 2,538 94 3.7% 2 to 4 Units 1,266 57 4.5% 1,798 37 2.1% 5 Plus Units 6,810 1,015 14.9% 7,232 460 6.4% Mobile Homes 1,346 26 1.9% 1,355 38 2.8% Source:U.S.Census,1990 and 2000,SCAG Summary Tape File 3 HOUSING AGE AND CONDITION Generally, housing older than 30 years of age will require minor repairs and modernization improvements. Housing units over 50 years of age are more likely to require major rehabilitation such as roofing,plumbing, HVAC, and electrical system repairs. After 70 years of age a unit is generally deemed to have exceeded its useful life. Approximately 28.4 -4 percent of the 57,4436 housing units in Rancho Cucamonga were built prior to 1980, making the majority of these units at least 30 years old. The vast majority of these units were built during the 1970's, potentially requiring minor repairs. Units older than 50 years comprised about 3_94:-2 percent of the housing stock;these units may require moderate to substantial repairs. Less than one- half of 1.0 percent of units are older than 70 years;therefore,few housing units in Rancho Cucamonga are likely to have exceeded their useful life. Historic preservation programs, Code Enforcement activity, and CDBG programs are aimed at maintaining older housing stock in residential areas. Table HE-25:Age of Housing Stock Year Structure Built Number Percent 2010 to 2013 1,727 3.0% 2000 to 2009 15,258 26.627.4% 1990 to 1999 8,549 14.915.3% 1980 to 1989 15,572 27.19% 1960 to 1979 14,045 24.525.2% 1940 to 1959 2,035 3_53.7% 1939 or earlier 257 0.40:5% Total 57,4435546 100.0% Source:U.S.Census,1990 and 2000,2005-2007 American Community Survey,DOF Table E-5 Housing Conditions Survey Housing age is only useful as a general indicator of the condition of housing within the City. It does not take into account any actions by the property owner to maintain and/or upgrade their property. As part of the Housing Element update,the City conducted a survey of residential lots in selected neighborhoods and found that 65.0 percent of homes were in relatively good condition, 18.0 percent required minor maintenance, 13.0 percent required moderate maintenance, 2.0 percent required substantial maintenance, and 2.0 percent were in dilapidated condition. Therefore, 35.0 percent of the City's single-family homes were reported to require at least some improvements. A focused building-by-building survey covering multi-family units was also conducted. Among the 95 structures surveyed, 67.0 percent were ranked in relatively good condition, 21.0 percent required minor maintenance, 10.0 percent required moderate maintenance, and 2.0 percent required substantial maintenance/rehabilitation. Deferred maintenance was disproportionately concentrated in small complexes. City of Rancho Cucamonga HE-29 2013-2021 Housing Element—Revised Draft January 15,201 P147 During the past few years, the City has made progress in neighborhood improvements through its various residential rehabilitation programs(e.g., Home Improvement Program for income eligible single-family and mobile homeowners). In addition,infill developments have also eliminated some substandard or dilapidated housing units. HOUSING COSTS AND AFFORDABILITY The cost of housing is directly related to the extent of housing problems in a community. If housing costs are relatively high compared to household income, housing cost burden and overcrowding occur. This section summarizes the cost and affordability of housing to Rancho Cucamonga residents. Housing Sales Prices Similar to most southland communities, the sale prices for housing in the San Bernardino valley escalated between 2000 and 2005. Much of the appreciation in home value over the decade was due to the rapid escalation in housing demand throughout the region, the availability of lower interest loans that have stretched the purchasing power of residents, and the desirability of new housing products on the market. In 2000,the median home price in the City of Rancho Cucamonga was$182,200, based on the 2000 Census. In 2005,the median home price in Rancho Cucamonga increased to$460,000,a 21.1 percent increase from the 2004 median price of$380,000 and almost two and half times the price in 2000. However,starting at the end of 2005, the implosion of the mortgage lending industry led to price depreciation in most southland communities. Between 2005 and October 2007, the median home price in Rancho Cucamonga decreased 2.2 percent. While some communities still experienced some price increases,the increases were far below those that occurred between 2004 and 2005. Table HE-26: Change in Median Home Prices Jurisdiction October 20074 2005December December Percent Change 2011 October 20074-201105 201105- 20072012 201202 Nye $37472.50 $494,000 $464,000 33.4% 6.1% Chino Hills $4607800 $4777$00 $595,000 25.0% 3.5% Claremont $500,000474,500 $403,500$586,750 $440,500$-5007000 -19.3%24.7% 9.17%- 14.8% Corona 5435,636 $548300 $471,250 25.8% 14.0% Diamond Bar $430,000 $-52-97000 S-5627000 23.0% 6.2% Montclair 5355,000$3067508 $180,500$4007000 $231,5005355,000 -49.2%30.5% 28.25%- 11.3% tore-e $4807400 $620,000 $635,000 29.2% 2.4% Ontario $367,500$289,500 5210,000$3907000 $240,000$367,500 -42.9%34.7% 14.29%5.8% Pomona $4927000 $386,000 $359,000 32.2% 7.0% Rancho $450,000$380,000 $284,500$460,000 $332,000$450,000 -36.8%21.3% 16.70%.4,2% Cucamonga Upland 5504,500$421,750 $290,000$569,000 $367,500$504,500 -42.6%34.9% 16.67%- 11.3% Walnut $510,000 $6307400 $588,500 23.5% -6,6% Source:Data Quick Real Estate News,Annual and 201267 Monthly Charts,DQNews.com,accessed on February 26,2013Novecnbe+-24,2007 Home prices vary by unit type and size. Condominiums are generally more affordable,compared to single- family homes. Small condominiums and mobile homes are the most affordable homeownership option in Rancho Cucamonga. Table HE-27: Median Sale Prices by Unit Type Unit Type Sales Price Single-Family $347,000306380 City of Rancho Cucamonga HE-30 2013-2021 Housing Element-Revised Draft January 15,2012813 P148 Condominiums $17700075 800 Source:www.zillow.com Fourth T#ird Quarter 201209. Report,accessed 9eteber 22,2009February 2013 Housing Rents Rents vary depending on unit type(single-family home,townhomes,apartment,etc.),the size and condition of the unit, and nearby amenities. According to the U.S. Census Bureau, 2007-2011 American Community Survey2005 ACS, 1.31.0 percent of units rent for less than$500 in Rancho Cucamonga;these are most likely units subsidized by affordability covenants and senior apartments. Approximately 5_0678 percent rent from $500 to$750, 9.52-0 percent rent from $750 to $1,000, 41.23878 percent from$1,000 to $1,500, and the remainder rent for more than $1,500. A local survey of properties provided more detail about housing rentals. Monthly rents average between $1,050988 for a one-bedroom unit to $1,7501,425 for a three- bedroom apartment, with prices higher for single-family homes. Table HE-28: Housing Rents Size of Rental Apartments Single-Family Homes Average 1 bedroom $1,050950 $11501-000 $1,10097-S 2 bedroom $1,3501,200 $1,5001350 $1,4251,275 3 bedroom $17501,425 $1,900100 $1,8251,513 Average Rent $1,3831,191 $1,51743-& $1,450 --54 Source:Various websites and newspapers 201309 Housing Affordability The real estate boom in southern California has created an unprecedented increase in housing prices throughout the region, including Rancho Cucamonga and the surrounding communities. Rancho Cucamonga considers housing affordability to be a critical issue;this is because of the inability of residents to afford and obtain decent housing can lead to overcrowded living conditions,an over extension of a households financial resources,the premature deterioration of housing due to a high number of occupants,and situations where young families and seniors cannot afford to live near other family members. Housing affordability can be determined by comparing housing prices and rents to the income levels of residents in the same community, or within a larger region such as the Riverside-San Bernardino-Ontario MSA. The Federal government has established an affordability threshold that measures whether or not a household can afford housing. Typically, a household should pay no more than 30 percent of their gross income for housing, although a slightly higher cost burden is allowed by the mortgage industry because of the tax advantages of homeownership. The following table compares the maximum housing price and rent that could be afforded by different income levels in Rancho Cucamonga. As discussed previously(Table HE-26),the average priced single-family home and condominium sell for $347,000396,600 and $177,000178,800, respectively. Since low and moderate income households could afford no more than $266,000 for a single-family home, any type of single-family dwelling and most condominiums would not be affordable at current sales prices. Apartments, single-family homes, and condominiums typically rent between $1,050980 and $1,9001,600 per month. Low and moderate income households can afford between $1,000 and $1,700 in rent per month,depending on the size of the unit and the number of bedrooms. Most existing apartments and home rentals are thus affordable to low and moderate income households. Table HE-29: Housing Affordability in Rancho Cucamonga Income Levels Definition (Percent Maximum Maximum Maximum of County AMI) Household Income' Affordable Price2 Affordable Rent' Extremely Low Less than 30% $20,000 $41,000 $449 Very Low 31%to 50% $33,300 $88,000 $732 City of Rancho Cucamonga HE-31 2013-2021 Housing Element—Revised Draft January 15,20148 Marcb 27,2013 P149 Low 51%to 80% $53,300 $164,000 $1,182 Moderate 81%to 120% $79,900 $266,000 $1,797 1. Maximum household income is based on a family of 4 persons. Incomes are established by HUD 20132099 Income Limits Summary. 2. Housing affordability assumes 10%down payment,30-year fixed loan at a 47%interest rate,standard housing costs(utility costs ranging from $250 to$400 per month),and that mortgage costs(interest,property tax,etc)are tax deductable. 3. Rental payment assumed at no more than 30%of income,after payment of utility costs(ranging from$50 to$200 per month). HOUSING PRESERVATION NEEDS California Government Code §65583(a)(9)(A-D) requires "lain analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage payment, or expiration of restrictions on use." The study must include units at-risk during the next two five year Housing Element update periods. The first fi year period extends from October 1, 2013July 1, 2005 to September 30, 202lJ une 30, 2 -19 and the second period extends from October 1 2021July 1, 2010 to September 30, 2029Junc 30, 2015 although only the first two years of the second Housing Element update period are within the 10-year time period. INVENTORY OF UNITS AT-RISK The inventory of affordable housing projects within Rancho Cucamonga is listed in the following table. This inventory includes all multiple-family units which are assisted under a variety of Federal,State,and/or local programs, including the U.S. Department of Housing and Urban Development(HUD) programs, State and local bond programs,previously established RDA programs,and local programs,including but not limited to: in-lieu fees, density bonus,or direct assistance. The inventoried units are those eligible to change to market rate housing due to termination of subsidy contract, mortgage prepayment, or expiring use restrictions. The inventory was compiled by the Rancho Cucamonga Planning Department through discussions with the Housing Successor Agency(previously the Rancho Cucamonga RDA),the County of San Bernardino CDH,the California Debt Limit Allocation Committee(CDLAC),the California Tax Credit Allocation Committee(CTCAC), and a review of "Listing of Notices Received Pursuant to Government Code §65863.10 and §65863.11" prepared by the California Housing Partnership Corporation. Those units at-risk of converting to market rate prior to October 1, 2021June 30, 2015, were assisted by County of San Bernardino CDH with participation in the County's mortgage revenue bond program, State bond financing, and HUD;affordable units were restricted for periods of 30 to 40 years. The identified units were restricted through the property owner's participation with the County's bond program, and did not include the City's participation. Those units not at-risk of conversion to market rate after October 1,2021J+14y 1, 2015 were restricted through regulatory agreements between owners and the Rancho Cucamonga RDA, with funding by 20 percent Set-Aside funds and CTCAC financing. Affordable units assisted by the RDA were restricted for a period up to 99 years. The level of assistance of these units is set to benefit low-income families earning 80 percent,or less,of the area median income for the San Bernardino-Riverside-Ontario MSA. City of Rancho Cucamonga HE-32 2013-2021 Housing Element—Revised Draft January 15,2014^ratt Mprch 27,2A^3 P150 Table HE-30: Subsidized Multi-Family Housing Development Type Form of Assistance Subsidy #Units Subject to Status Terminates2 Control Units At-Risk of Conversion) Parkview Place Apartments Mortgage Revenue Valid until 10930 Terra Vista Parkway 91730 Family Bond bonds are 30 At Risk paidseld Mountain View Apartments Mortgage Revenue Valid until 10935 Terra Vista Parkway 91730 Family Bond bonds are 54 At Risk paidseid Waterbrook Apartments Mortgage Revenue Valid until 10400 Arrow Route,91730 Family bonds are 76 At-Risk Bond paidseld Sycamore Terrace Mortgage Revenue Valid until 10855 Terra Vista Parkway 91730 Family Bond bonds are 26 At Risk I paidseld Evergreen Apartments Mortgage Revenue Valid until 10730 Church Street,91730 Family bonds are 79 At Risk Bond I paidseld Subtotal—Units At-Risk: 265 Units Not At-Risk of Conversion Villa Pacifica Senior RDA Set-Aside 2027 158 Not at Risk 9635 Base Line Road,91730 Villa Del Norte Family RDA Set-Aside 2051 87 Not at Risk 9997 Feron Boulevard,91730 Heritage Pointe 3590 Malven Avenue,91730 Senior RDA Set-Aside 2056 48 Not at Risk Las Casitas Family RDA Set-Aside 2086 14 Not at Risk 9775 Main Street,91730 Olen Jones Senior Apartments Senior RDA Set-Aside, 2092 96 Not at Risk 7125 Amethyst Avenue HOME,&CTCAC Rancho Verde Expansion Family RDA Set-Aside 2104 40 Not at Risk 8837 Grove Avenue,91730 Sunset Heights Family RDA Set-Aside 2104 116 Not at Risk 6230 Haven Avenue,91737 Pepperwood Apartments Family RDA Set-Aside 2105 228 Not at Risk 9055 Foothill Boulevard,91730 Rancho Verde Village Family RDA Set-Aside 2106 104 Not at Risk 8837 Grove Avenue,91730 Sycamore Springs Apartments Family RDA Set-Aside 2106 96 Not at Risk 7127 Archibald Avenue,91701 Monterey Village Apartments Family RDA Set-Aside 2106 110 Not at Risk 10244 Arrow Route,91730 Mountainside Apartments Family RDA Set-Aside 2106 188 Not at Risk 9181 Foothill Boulevard,91730 San Sevaine Villas Family RDA Set-Aside& 2107 223 Not at Risk Foothill Boulevard,91739 CTCAC Rancho Workforce Housing Family RDA Set-Aside& 2107 131 Not at Risk Foothill Boulevard,91730 CTCAC Subtotal—Units Not At-Risk: 1,639 Total Subsidized Multi-Family Units3 1,904 1. Heritage Park Apartments previously subsidized 48 units through the County Mortgage Revenue Bond program. This affordability covenant expired on January 1,2005. 2. The affordability covenant for Parkview Place and Mountain View Apartment terminated on 1/1/2007,Waterbrook Apartments on 1/1/2008, Sycamore Terrace on 1/1/2009,and Evergreen Apartments on 9/1/2010;however,the covenants will be enforced until the bonds securing them are paidseld. 3. The RDA etiy-has affordability covenants in place on 7786 single-family units through the RDA's First Time Homebuyer program (including 6 acquired using NSP funds)and 48 single family units through the NHDC First-Time Homebuyer program. Combined with the City and County totals above results in 2,02921838 subsidized units. Source:Rancho Cucamonga Housing SuccessorReeeretepment Agency,County of San Bernardino Department of Community Development and Housing(CDH),California Debt Limit Allocation Committee(CDLAC),California Tax Credit Allocation Committee(CTCAC) City of Rancho Cucamonga HE-33 2013-2021 Housing Element—Revised DraftJanuary 15,201 P151 PRESERVING OR REPLACING UNITS AT-RISK The following discussion examines the cost of preserving units at-risk and the cost of producing new rental units comparable in size and rent levels as replacement for units which convert to market rate. The discussion also includes a comparison of the costs of replacement and new production. Preservation Costs The cost of preserving units includes purchase costs, any rehabilitation costs, and the costs of on-going maintenance. The age,condition,and maintenance record of housing play a major role in rehabilitation and maintenance costs. The subject units range in age from those that were newly constructed to those that were 20 to 30 years old; all units are well maintained. The accepted standard for major rehabilitation is 30 years or more. Based upon this standard, and based upon the good condition of the projects, it is unlikely than any major rehabilitation would be required in the next tenfive years. Thus, rehabilitation costs for the projects are considered negligible. Maintenance costs are likely to be low for all projects given their young age; therefore, building income should cover maintenance costs. Within the City there are a total of 1,9041,906 subsidized multiple-family housing units. This includes 265 units at-risk of converting to market rate, and 1,6391,641 units not at-risk of conversion. Discussions with the County of San Bernardino CDH indicate that of those units at-risk of conversion to market rate, the subsidy agreements maintaining the affordability on a11186 of the 265 units at risk have expiredi; however, the mortgage revenue bonds have not been paid off. Although the subsidy agreements may have expired, the mortgage revenue bonds are still valid and the County of San Bernardino CDH is maintaining the affordability of those units as long as the bonds are valid. To maintain the affordability of those affected units, the property owner would have to renew the mortgage revenue bonds, and pay the County administrative fee for each bond. Based upon a review of assessed values and comparable sales, the average per unit market value of the existing units is estimated to be$77,000 per unit. During 1993-1994 program year, the RDA conserved 46 units at-risk with a loan of $3,750,000, or approximately $81,522 per conserved unit and assisted the acquisition of 104 restricted,affordable units with a loan of$4,888,500,or$47,000 per unit. Most recently, in 2005 the RDA assisted in the acquisition and conservation of 117 units with a loan of $9,000,000, or $76,923 per unit;however,total acquisition costs were$17,556,034 or$150,051 per unit,supplemented by a private loan. Therefore, in actuality the RDA has effectively provided roughly 50 percent of the funding for the conservation or acquisition of restricted, affordable units at an estimated current average cost of $150,000 per unit. The following table lists the estimated market value of units at-risk for each project with units at-risk prior to 20215. Table HE-31: Estimated Market Value of Units At-Risk Project Restricted Units Estimated Market Value of At- Risk Units Parkview Place Apartments* 30 $4,650,000 Mountain View Apartments* 54 $8,100,000 Waterbrook Apartments 76 $11,400,000 Sycamore Terrace Apartments* 26 $3,900,000 Evergreen Apartments* 79 $11,850,000 Total 265 $39,900,000 Source:Rancho Cucamonga Planning Department,*-Projects are located within the RDA Project Area Replacement Costs The cost of developing new housing depends upon a variety of factors including, but not limited to,density, number of bedrooms, location, land costs, and type of construction. In general, land costs in Southern City of Rancho Cucamonga HE-34 2013-2021 Housing Element—Revised Draft January 15,2014Braft-Mafeh-2.77-20-13 P152 California are quite high. Unit replacement cost provides a range of cost estimates depending on unit size for multi-family rental housing. Based on the range shown, it would cost approximately $257,892 to construct one new multiple-family housing unit. As an example,in 2008 the RDA entered into a participation agreement for$27,600,000 for construction of the Rancho Workforce Housing multi-family housing complex at $166,265 per unit; however, total development costs for this project amount to $45,663,320, a cost of $275,080 per unit. For the identified 265 units at-risk, new construction would range between$68.4 million and$74.7 million total cost to replace all the units at risk of conversion to market rate prior to 20212015. The capital required varies from a State or Federal insured mortgage of 5 percent of project value to a conservative private lending requirement of 30 percent of project value. Therefore, in theory, a capital investment of between $4.03 million and $24.2 million would be required; at 100 percent funding up to $74.7 million would be required. Table HE-32: Unit Replacement Cost Multi-Family Residential Units Cost Per Unit Cost Per Unit (based on residential land) (based on commercial land) Land Acquisition $36,092 $59,864 Fees/Permits& Studies $33,433 $33,433 Direct Construction Costs $151,220 $151,220 Indirect Construction Costs $19,474 $19,474 Rent—Up/Marketing $4,302 $4,302 Financing Costs $13,371 $13,371 Total Development Cost $257,892 $281,664 NOTES:Land cost is estimated at$11.60 per square foot to acquire a 5 acre residentially zoned site and$19.24 to acquire a commercially zoned site. The project provides 70 units(at 14 du/ac)and 1,000 square feet per unit. Source:Rancho Cucamonga Planning Department Preservation vs. Replacement Preservation of units at-risk is more effective than new construction. The preservation of existing units is estimated to cost approximately$150,000 per unit as the construction of new residential units is estimated to be approximately$257,892 per unit. At these rates, 1.7 units could be preserved for the development of each new unit. Overall, the RDA has participated in the conservation of 670 affordable units, citywide. Table HE-33: Affordable Units Project Total Units Conserved Units Sycamore Springs 240 96 Mountainside Apartments 384 192 Monterey Village Apartments 224 112 Rancho Verde Apartments 288 144 Heritage Pointe Senior Apartments 49 49 Woodhaven Apartments 117 117 Total 1,302 710 Source:Rancho Cucamonga Planning Department Other factors also make the preservation of units at-risk preferable to new development. Consistent with the General Plan, the existing units are scattered throughout market rate housing available in the community. Existing units have been accepted in the neighborhoods where they exist;City policy directs that affordable housing be dispersed throughout the City so affordable units are not concentrated in any one area. Because the 265 units at-risk are already integrated into the community,preservation is preferred over replacement. City of Rancho Cucamonga HE-35 2013-2021 Housing Element—Revised Draft January 15,20148raft-Mark-2-7,-2013 P153 AVAILABLE RESOURCES Resources for preserving or replacing units at-risk include public and private agencies. Funding sources are the primary resource for conservation and are summarized below: • Owner refinancing as allowed under terms of the County's bond program; • Owner refinancing under a City bond program; • Sale to non-profit entities with the interest and ability to purchase and/or manage affordable housing units; and • Sale to public entities with the interest and ability to purchase and/or manage affordable housing units_; Previous RDA resources available for the preservation or replacement of units at-risk also included: • RDA funding to purchase, or assist in purchase of existing units, or to develop replacement units; and • RDA investment in projects that have affordable units in exchange for preservation of affordability restrictions. County of San Bernardino Bond Program On a case-by-case basis, the County of San Bernardino bond programs have structured their regulatory agreement to permit refinancing with an extension of the term of affordability for the conservation of affordable housing. Current low interest rates make refinancing a viable option;where this option exists, it should be encouraged. City Bond Program When the City reached a population of 50,000 it exercised its option to directly receive State and Federal grants, including CDBG funding. By becoming an"entitlement city," Rancho Cucamonga became ineligible to participate in the County's multiple-family bond program for the development of affordable housing. However, the City gained the right to institute a local bond-financing program. Bond programs can be instituted on a project-by-project basis. This option is typically used as a leveraging strategy in conjunction with private financing. It is contingent upon the availability of State and Federal funds. Private Non-Profit Agencies Two non-profit agencies previouslyar-e workedig with the RDA to construct,purchase,and/or manage low income housing units. Other nonprofit agencies are expected to express interest and work with the City on affordable housing development. National Community Renaissance (National CORE) (previously Southern California Housing Development Corporation): This organization was incorporated in 1992 for the purpose of acquiring, constructing, maintaining,and managing housing units for low-income households. Their office is located at 9065 Haven Avenue, Suite 100, Rancho Cucamonga, CA 91730. National CORE, with assistance from the RDA, acquired 6 apartment complexes with a total of 1,302 total units and 710 held as affordable. The complexes include: Sycamore Springs Apartments (96 of 240 units), Mountainside Apartments(192 of 384 units), Monterey Village Apartments(112 of 224 units),and Rancho Verde Village Apartments (144 of 288 units), Heritage Pointe Senior Apartments (49 of 49 units), and Woodhaven Apartments (117 of 117 units). The RDA has committed $1.8 million a year for 30 years to National CORE for the acquisition of affordable housing. National CORE,with funding commitments from the RDA, is also working in partnership with the NHDC. Northtown Housing Development Corporation (NHDC): The RDA assisted members of the Northtown neighborhood with the formation of a 501(c)(3) non-profit in 1993. The purpose of the organization is to establish, maintain,and operate housing units for low-income households in the Northtown Neighborhood of Rancho Cucamonga. Their office is located at 8599 Haven Avenue, Suite 205, Rancho Cucamonga, CA City of Rancho Cucamonga HE-36 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P154 91730. In 1994 the NHDC developed Villa del Norte, an 88-unit family apartment complex located at 9901 Feron Boulevard. In 2004 the NH DC developed the Olen Jones Senior Apartment Community,a 96-unit low income senior apartment complex located at 7125 Amethyst Avenue. In Dyer 20087 the NHDC developedreceived entitlements for the San Sevaine Villas,a 225-unit(100 percent affordable)multi-family housing complex located at the southwest corner of Foothill Boulevard and East Avenue; these units are currently under construction. Workforce Homebuilders: This organization incorporated in 2005, with the purpose of establishing, maintaining,and operating housing units for lower-income households. Their office is located at 8300 Utica Avenue, Suite 173, Rancho Cucamonga, CA 91730. In February 2008 Workforce Homebuilders, in a joint venture with National CORE,obtained entitlements for the Rancho Workforce Housing multi-family housing complex,a 166-unit(80 percent affordable),located at the northwest corner of Foothill Boulevard and Center Avenue;these units are currently under construction. LINC Housing: Since 1984, LINC Housing has had a hand in building more than 6,000 affordable homes throughout California. LINC provides housing for people underserved by the marketplace. Their office is located at 110 Pine Avenue, Suite 500, Long Beach, CA 90802. LINC worked with the City to acquire and rehabilitate the 228-unit Pepperwood Apartments located at 9055 Foothill Boulevard. Public Agencies Due both to the high cost of purchasing and developing housing and the limitations on use of funds, financing for preserving, replacing, and/or maintaining units at-risk will I-kel -have to include multiple sources. The following funding sources have been identified for use in purchasing the units at-risk in Rancho Cucamonga. It should be noted that new funding sources will become available over time and that the following discussion does not represent an exhaustive inventory of funding sources. - • . - -' _' --.•' .' - . - . - . . . - .. - 4. . .• . redevelopment agencies to set aside at least 20 percent of tax increment revenues for increasing and -- _ - • . .. --- -. . •- • • - ... - - -- :. • • . - - . . County of San Bernardino Department of Community Development and Housing (CDH): Because the City elected to become an "entitlement city," County sponsored bond funding is not available to development projects within the City. Housing Authority of the County of San Bernardino (HACSB): The HACSB serves as the local Housing Authority and currently operates over 5,000 Section 8 housing units and has developed,or is in the process of developing, approximately 151 affordable units. HACSB currently owns 16 single-family homes within the City and rents them to qualified households at affordable rents. State Department of Housing and Community Development (HCD): HCD's Multifamily Housing Program (MHP) provides loans for the rehabilitation and new construction of affordable multi-family rental housing, and the preservation of existing subsidized housing that may otherwise convert to market rate. U.S. Department of Housing and Urban Development(HUD):Subject to annual appropriations, HUD provides financial incentives necessary for acquisition of Federally subsidized, at-risk projects by non-profit organizations, tenants, and local governments. HUD incentives include the following: • Project-based Section 8 contracts, for example, providing subsidy for rents set at levels high enough to provide an 8 percent return to owners who retain the project. City of Rancho Cucamonga HE-37 2013-2021 Housing Element—Revised Draft January 15,2014 13 P155 • Grants to non-profit buyers that would fill any gap between fair market rent or local market rent (whichever is higher) and allowable rents. • Mortgage insurance both for equity take-out loans and acquisition loans. Insured equity take-out loans are limited to 70 percent of equity, while acquisition loans are available at 95 percent of equity. Community Development Block Grant(CDBG):Through the CDBG program, HUD provides grants and loans to local governments for funding a wide range of community development activities. CDBG resources are limited. Available funds are committed to neighborhood preservation and rehabilitation of existing single- family housing stock for low-income homeowners. The City's CDBG allocation for fiscal year 2012-20132009- 2&15 is $804,4361,020,958, which is a 27.08 percent reduction over the past two program years (and additional reductions are anticipated for the 2013 program year). In 2012, theThe City committed approximately 59.642.2 percent($480,056430,588)to existing owner-occupied rehabilitation programs. The remaining funds were programmed for capital improvements that benefit lower income persons, public services benefiting low- and moderate-income persons, and administrative costs. CDBG funds are not available, or directly applicable, at this time for the conservation of units at-risk. replacement of units at risk of conversion to market rate. The 343 identified units at risk represent .. .. • -..-. .. • . ,' - .. .. .. ..• . . . . . .. • On a case by case basis RDA funds will continue to be used fer conservation of units at risk. QUANTIFIED OBJECTIVES The goal of the City is to conserve all restricted, affordable units at-risk of conversion to market rate. Consistent with the City's goal,the objective of this study is the conservation of all 265 total units at-risk of converting to market rate. • • • _• - • - -- . , !! , . ! ! ! - • between July 1, 2010,and June 30, 2015. Consistent with the H.eus ng Production Plan,the RDA assumes the REGIONAL HOUSING NEEDS Previous sections of this Housing Element discuss existing housing needs of residents, including special housing needs. This section analyzes the need for housing production to accommodate the projected growth of both population and housing within Rancho Cucamonga. REGIONAL HOUSING NEEDS ASSESSMENT Every eightfive years, California law requires cities to plan to accommodate population and employment growth in their community through the implementation of responsive housing policies and programs. To assist in that effort HCD provides each regional Council of Governments (COGs) its share of the statewide housing need. In turn, all COGs, including the Southern California Association of Governments(SCAG),are required to determine the portion allocated to each jurisdiction in their region; this allocation process is referred to as the Regional Housing Needs Assessment (RHNA). All local governments, including Rancho Cucamonga, are required to set aside sufficient land, adopt programs, and provide funding (to the extent feasible), to facilitate and encourage housing production commensurate with that housing need. The RHNA established a total housing construction need for the City, which is comprised of three factors, including the number of housing units needed to accommodate future population and employment growth, an allowance for the replacement of any housing units demolished and normal vacancy rates, and establishing a fair share allocation by different affordability levels. City of Rancho Cucamonga HE-38 2013-2021 Housing Element—Revised Draft January 15,2014Oraft March 27,2013 P156 Population and Employment Growth In 20122004,SCAG adopted their Regional Transportation Plan/Sustainable Communities Strategy(RTP/SCS), which included a regional growth forecast, which is utilized to plan for transportation improvements throughout the planning area based on projected growth patterns. Rancho Cucamonga's housing need is based on SCAG's regional growth forecast adopted in the RTP/SCS. The household growth component is determined by calculating the expected population growth that will occur in Rancho Cucamonga from 20132006 to 20212014 and factoring in the expected employment growth that will occur within the region. The majority of the population growth will occur as a result of housing development projects occurring in the Etiwanda and Etiwanda North areas,as well as infill within existing residential neighborhoods. Job growth is an important factor because it can place an additional demand for new housing. SCAG projects that Rancho Cucamonga's job base will increase by approximately 34,000 jobs over the next 20 years. Vacancy and Demolition The RHNA goal for new construction within Rancho Cucamonga incorporates additional units to accommodate two factors in the housing market:housing vacancy and housing demolition. This"fair share" allocation concept seeks to ensure that each jurisdiction accepts responsibility for housing needs, not only for its resident population, but also for the jurisdiction's projected share of regional housing growth across all income categories. Regional growth needs are defined as the number of units that would have to be added in each jurisdiction to accommodate the forecasted number of households,as well as the number of units that would have to be added to compensate for any anticipated housing demolition or changes in the vacancy rate to achieve an "ideal" vacancy rate for the City. The vacancy factor is important as the housing market needs to have a certain number of vacant units to allow for sufficient choices. This helps maintain rents and prices at adequate rates,as too low of a vacancy rate encourages spikes in prices,and also encourages property owners to maintain and repair their property, helping provide stability to housing prices. The RH NA goal also adjusts the construction need goal based on a need to replace units lost from residential use. This can include housing units lost through demolition,changes to other nonresidential land uses, loss through fire, or other natural causes. SCAG adjusts the City's housing production goals by a standard replacement factor which is based on the historical rate of units lost to demolition in each community. RHNA Fair Share The RHNA allocates to cities and counties within the SCAG region their"fair share"of the regions'projected housing need by household income group for the planning period. Rancho Cucamonga's construction need represents the total construction need to accommodate the expected increases in population and employment growth. For this Housing Element update, Rancho Cucamonga is allocated a RHNA of 8481,282 housing units. The City must ensure the availability of residential sites at adequate densities and appropriate development standards to accommodate the housing units shown in the following table. Table HE-34: Regional Housing Needs Allocation (RHNA), 1/1/20142-806 to 10/1/20212414 Household Income Levels Definition RHNA1 Units Built or Approved (Percent of AMI)12 Remaining Need Very Low Income23 _ Less than 50% 209317 24.524.7% Low-Income 51 to 80% 141246 171164% Moderate-Income 81%to 120% 158245 18.719.1% Above Moderate Income Over 120% 340504 39.833-9% Total 84852 100.0% 12, AMI—Area Median Income for the Riverside-San Bernardino-Ontario MSA 23. Pursuant to AB 2634,cities must project the number of extremely low income households(0-30%AMI)or assume 50 percent of the very low City of Rancho Cucamonga HE-39 2013-2021 Housing Element—Revised Draft January 15,2014Dra#- Match 27,,2013 P157 income allocation.As shown in Table 13,extremely low income households constitute 46.949.4 percent of the very low income group. Therefore, the City's RHNA of 20934- very low income units can be split between 98 (46.949-4%)extremely low and 11161 very low income units. Source: SCAG, . - •_ ....- :• : -: •.. - e-:.--•--• City of Rancho Cucamonga HE-40 2013-2021 Housing Element—Revised Draft January 15,201 2013 P158 HOUSING CONSTRAINTS The issue of housing constraints refers to land use regulations, housing policies and programs, zoning designations, and other factors that may influence the price and availability of housing opportunities in Rancho Cucamonga. These housing constraints may increase the cost of housing,or may render residential construction economically infeasible for developers. Additionally, constraints to housing production significantly impact lower income households and those with special needs. GOVERNMENTAL CONSTRAINTS California Government Code §65583(a)(5) requires "[a]n analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all incomes levels, ... including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures." LAND USE POLICIES The General Plan Land Use element establishes the allowable land uses in Rancho Cucamonga;these land use categories are then implemented through development standards contained in the Development Code. Land use categories are provided to guide the development, intensity,or density of allowable development, and the permitted uses of land. The General Plan sets forth six primary residential land use categories and one mixed use residential-commercial land use category. The Development Code implements the General Plan by establishing specific criteria for land development within each land use designation. These development criteria include, among others, building set back, height, parking, and land uses for each land use designation. Table HE-35: General Plan Designations and Development Code Districts General Plan Development Density' Allowable Residential Uses Land Use Code Land Use (Dwelling Units Designation District per Acre) Very Low VL 0.1 to 2 du/ac Accommodates very low density single-family detached homes,with a minimum lot size of 20,000 square feet. Low L 2 to 4 du/ac Accommodates low density single-family detached homes, with a minimum lot size of 7,200 square feet Low Medium LM 4 to 8 du/ac Accommodates low-medium density single-family detached homes,single-family attached homes,or multiple-family uses (i.e., apartments,townhomes, and condominiums). Medium M 8 to 14 du/ac Accommodates medium density multiple-family uses (i.e.,apartments,townhomes, and condominiums). Medium High MH 14 to 24 du/ac Accommodates medium high density multiple-family uses (i.e.,apartments, townhomes, and condominiums). High H 24 to 30 du/ac Accommodates high density multiple-family uses (i.e.,apartments, townhomes, and condominiums). Mixed Use MU 84 to 30 du/ac Accommodates a mix of residential and non-residential uses, with development regulations that ensure compatibility with nearby lower density residential development, as well as internal compatibility among varying uses. 1. The overall density of each development proposal must by itself fall within the applicable density range-a development that falls below the minimum density cannot be offset by another development that exceeds the maximum density. 2. Excluding land necessary for secondary and arterial streets. Source:Rancho Cucamonga Planning Department HOUSING POLICIES The following analysis of land use controls includes a discussion of residential land use categories, City of Rancho Cucamonga HE-41 2013-2021 Housing Element-Revised Draft January 15,2014-0f-aft-Marc-11 27,2013 P159 performance standard criteria, environmental assessment requirements, design criteria, specific plan designations, development standards, and annexation potential. The City's land use controls establish conditions necessary to achieve the health, safety and general welfare of its residents, and provide for maintenance and development for housing available to all income levels. Residential Land Use Categories The General Plan Land Use element designates particular areas within the City for residential development. In identifying areas suitable for residential development the General Plan establishes six residential density categories and one mixed use residential-commercial land use category that are "intended to maximize public safety, achieve high quality site planning and design, retain significant natural resources,and ensure compatibility between uses." These residential densities permit both single-family and multiple-family housing development. Table HE-36: Permitted Housing Types by Land Use District Housing Type Very Low Low- Medium Medium High Mixed Low Medium -High Use Single-Family Detached Pl P P P` NP NP Pz Single-Family Attached (2_to 4_plex) NP' NP P P P P P Multiple-Family Dwellings NP NP P' P P P P Second Dwelling Unit P P P NP NP NP NP Mobile Home Units NP P P P P P P Mobile Home Parks Cl C C C C C C 1. P=Designates a use permitted by right/C=Designates a conditionally permitted use/NP=Designates a prohibited use. 2. Permitted in conjunction with optional development standards. Source: Rancho Cucamonga General Plan and Rancho Cucamonga Development Code. Conventional Housing The City of Rancho Cucamonga allows conventional single-and multiple-family housing in a wide variety of residential zones. Single-family housing is permitted in four residential zones and provides a density range of 0.1 to 14 dwelling units per gross acre; the density range for single-family attached and multiple-family dwellings is 4 to 30 dwelling units per acre. The General Plan also allows residential development in two of its open space categories:Hillside Residential and Open Space. After environmental impacts are determined and mitigated, the Hillside Residential designation permits up to 2 dwelling units per acre. The Open Space designation identifies areas where land is to remain essentially open, but up to 1 dwelling unit per 10 acres is permitted. The remaining open space categories arey--is designated as Flood Control/Utility corridor and Conservation, and no residential development is permitted under this these designations. Requirements for residential development are contained in the Development Code, two Community Plans (Terra Vista and Victoria), and twe—three Specific Plans (Etiwanda,--,344€1 Etiwanda North, and Rancho Etiwanda). A third Community Plan (Caryn) was incorporated into the Development Code along with a commercial and industrial specific plan. Residential zoning categories and densities throughout are consistent with the City's General Plan. The basic development standards contained in these plans are generally consistent;however, they have been tailored to meet the specific needs identified within each of the community planning areas. Mixed-Use Housing Mixed use residential development is permitted within the Mixed Use District. A mixed use development means an area of development that contains both residential and commercial (i.e., retail and office) land uses and is typically located along major boulevards(e.g., Foothill Boulevard and Haven Avenue). Mixed use developments are often utilized as a buffer between more intense and less intense land uses. A mixed use City of Rancho Cucamonga HE-42 2013-2021 Housing Element—Revised Draft January 15,20140ra#t-Marc --27,2013 P160 California Government Code§65852.3 generally states that a city shall allow the installation of manufactured homes certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 on all lots zoned for single-family residential dwellings. Essentially, a city may not require an administrative permit, planning or development process, or other discretionary requirement that is not imposed on a conventional single-family dwelling. Because the Rancho Cucamonga Development Code does not define a manufactured home, but does define a mobile home, manufactured housing could inadvertently be placed into the wrong category inconsistent with State law. This creates the potential for confusion as to whether certain uses can or cannot be permitted, whether design regulations can be required, and creates a constraint to the provision of such housing. The Housing Plan specifics a program to The 2012 Development Code Update defined and distinguished manufactured housing from mobile homes, set forth appropriate architectural guidelines, and defined the process for approving or disapproving the installation of manufactured housing. Residential Care Facilities California law states that disabled persons,children, and adults who require supervised care are entitled to live in normal residential settings and preempts cities from imposing many regulations on community care facilities. California Health and Safety Code§1500,Et seq.,establishes that group homes serving six or fewer persons be: 1)treated the same as any other residential use,2)allowed by right in all residential zones,and 3)be subject to the same development standards,fees,taxes,and permit procedures as those imposed on the same type of housing in the same zone. Rancho Cucamonga allows State-licensed residential care facilities serving six or fewer persons by right in all residential zones. In compliance with State law,these facilities are treated like any other residential use in the same single-family or multiple-family residential zones. The City also permits residential care facilities serving seven or more residents in the-Lew-Medium, Medium, Medium High, and High residential districts subject to the approval of a Conditional Use Permit. The Development Code provides a clear definition of residential care facility, but does not distinguish between a board and care home, sober living facility, or housing for homeless people, nor does it provide guidance regarding how to permit or regulate these facilities in a manner compatible with residential neighborhoods. As a result,some facilities could be unduly denied permission to locate in Rancho Cucamonga while others could be allowed by right, even in cases where the City actually has the authority to impose reasonable regulations. teThe 2012 Development Code Update defined residential care facilities consistent with State law and specifedy or affirm the permitting processes required for these uses under State law. This wi. ensures that licensed facilities are appropriately permitted in a manner consistent with the Government Code and fair housing law. The Housing Element could also specify an additional program for facilities not licensed or regulated by the State of California or those in which the City can exercise greater discretionary authority. These include board and care/rooming facilities, parolee homes, transitional housing, and other such uses. This type of program will clearly specify the zoning and permitting requirements for such uses and ensure that the City can exercise appropriate regulatory oversight within the parameters of fair housing law. Emergency Shelters Emergency shelters are the first step in a continuum of care and provide shelter to families and/or individuals on a limited short-term basis. The Development Code defines emergency shelters as"short-term accommodations on a first-come,first serve basis, with no guaranteed bed for a subsequent night." Senate Bill 2 (SB 2), codified at Government Code §65583, was enacted by the State Legislature in 2007 to address the States growing problem of homelessness. SB 2 requires local governments to identify one or City of Rancho Cucamonga HE-44 2013-2021 Housing Element—Revised Draft January 15,2014Dcaft-Mar -27,2013 P161 more zoning categories that allow emergency shelters without a Conditional Use Permit or other discretionary permit. Cities may apply limited conditions to the approval of ministerial permits for emergency shelters, however,the identified zone must have sufficient capacity to accommodate the shelter need, and at a minimum provide capacity for at least one year-round shelter. Permit processing, development, and management standards for emergency shelters must be objective and facilitate the development of, or conversion to, such use. As previously discussed in the Housing Needs Assessment, Rancho Cucamonga has an estimated 122 homeless people, based on a homeless count conducted by the San Bernardino County Homeless Census and Survey. This count includes 48 individuals, 14 people in families, and 60 people in cars/RV's/vans; the sheltered count included only the 14 people in families. Rancho Cucamonga previously tly permiteds emergency shelters in the General Commercial District citywide)and General Industrial industrial districts - •- • -- ' , • S. . 1, 3,4,and 5),subject to the approval of a Conditional Use Permit,but not within any residential districts. In 2013,the City revised its Development Code to establish emergency shelters as a permitted land use within the General Commercial (GC) District without discretionary action; however, even with these provisions there are no emergency shelters located within the City. The City will amend the Development Code within one year of adoption of the Housing Element,or at the time of application submittal,whichever occurs first, to specifically'. ...- . - - . . . -• . . - •• •- _ •- . ••..- _ _ - as-establish procedures and development standards(i.e., maximum number of beds, provisions for onsite management, length of stay, off-street parking based on demonstrated need, proximity of other shelters, and security) to facilitate the creation of emergency shelters. Properties in the GC District are generally located throughout the City and include locations at the intersections of Base Line Road and Amethyst Avenue, Haven Avenue and Foothill Boulevard,Arrow Route between Hermosa Avenue and Archibald Avenue, Grove Avenue between Arrow Route and 9th Street,and Beech Avenue at the 1-15 Freeway. The GC District does not permit residential land uses, but does permit, either by right or subject to a Conditional Use Permit, a wide variety of commercial, professional services (medical and dental), hospitals, and transportation facilities. These uses are compatible with emergency shelter land uses and provide necessary supportive services for the homeless population, particularly those with special medical and health care needs. The GC District is characterized by a mix of small (less than 1 acre), medium (1 to 5 acres), and large(over 5 acres) sized parcels. The GC District contains 470 acres, 330 of which are developed with a variety of commercial developments,and some properties are underutilized and suitable for renovation/conversion to an emergency shelter. The GC District includes 140 acres of vacant land on 96 parcels, with an average parcel size of 63,565 square feet(this includes 77 parcels under 1 acre, 12 parcels between 1 to 5 acres,and 7 parcels in excess of 5 acres). This broad variety of parcel sizes and land use intensities provides excellent flexibility and therefore numerous options to parties interested in operating emergency shelters. The City has an identified unsheltered homeless population of 108 persons (122 total homeless minus 14 sheltered equals 108 unsheltered). The GC District has adequate capacity to accommodate this homeless population either in one large shelter or several small shelters. Transitional Housing Transitional housing facilities are designed to accommodate homeless individuals and families for a longer stay than in emergency shelters, as the residents stabilize their lives. California Health and Safety Code §50675.2 defines"transitional housing"and "transitional housing development"as buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. Residents of transitional housing are usually connected to supportive services designed to assist the homeless in achieving greater economic independence and a permanent and stable living situation. Transitional housing may take several forms, City of Rancho Cucamonga HE-45 2013-2021 Housing Element—Revised Draft January 15,2014Dra#1-March- -2813 P162 development can include multi-story buildings where the first floor is dedicated to commercial land uses and the upper stories contain residential uses; however, mixed use development can also include parcels where commercial developments are located along the major street and residential uses are located behind or adjacent to the commercial use. In 2012,the City's Development Code was updated to include"Development Standards for Mixed Use Zoning Districts", which provides density ranges for 13 Mixed Use locations, consistent with the General Plan. However, because the Mixed Use sites are intended to be unique urban places,the Development Code does not establish traditional development standards, other than establishing density. So rather than establish setbacks, height limits, building separations, the City will require Design Review applications for all development within these Mixed Use sites and their development and design merits will be evaluated on a case-by-case basis as part of the Design Review process. General development standards (e.g., parking, signs, landscaping, lighting, etc.) will apply to all Mixed Use sites. Second Dwelling Units Second dwelling units can provide an important source of affordable housing for persons and families of low and moderate income. In 2003 Rancho Cucamonga adopted code requirements relative to second dwelling units identifying that these units are permitted subject to certain design and development standards. To assist in informing the public of these standards,the City prepared a public information handout identifying the purpose, permitted zone,and applicable development standards relative to the placement these units. Rancho Cucamonga permits second units on lots zoned for single-family uses and all second units must meet the general standards of the zoning district for the lot, including density,setback,design,architectural style (i.e., materials,colors, roofing, scale, surface treatment,and architectural details)of the primary residence, and must meet current building codes. A second unit is approved ministerially as a by-right use provided the following criteria are met:the lot contains an existing single-family residence,the unit may be constructed as an accessory building or attached to the primary residence,and is not for sale but for rental purposes only or by use of an immediate family member. A second unit may be established on lots that are a minimum of 10,000 square feet;the unit shall not exceed 640 square feet if the lot is less than 20,000 square feet and 950 square feet if the lot is greater than 20,000 square feet. Additionally,the second unit is limited to one story, shall have its own entrance separate from the primary residence, and shall provide one enclosed parking space - - - -- -- •- _ - - _ _ -- - per unit. Since the adoption of these second unit provisions,the City has had several inquiries regarding second units, but only 1 second unit has been built during the past three years. Mobile Home Parks and Manufactured Housing The City permits mobile home units in all residential districts, except the Very Low Residential District, subject to the same property development standards and permitting process as a single-family detached home. The Rancho Cucamonga Development Code broadly defines mobile homes to include"a moveable or transportable vehicle,other than a motor vehicle, having no permanent foundation other than jacks, piers, wheels,or skirting, designed as a permanent structure intended for occupancy and designed for subsequent or repeated relocation." The placement of a mobile home unit includes the following criteria:the unit must be placed on a permanent foundation, the unit must be certified under the National Mobile Home Construction and Safety Act of 1974, and the placement is subject to Design Review Committee review to determine 1)the design of the unit is similar in character and appearance to other buildings in the area and 2) all development standards (i.e., setback, height, lot coverage) of the base district apply. Mobile home parks are permitted in all residential districts subject to the approval of a Conditional Use Permit, and the placement of those units must meet all development standards of the base district. These standards will allow for the efficient use of the lot to accommodate the maximum number of mobile home units while providing sufficient room for amenities such as open space and utilities. City of Rancho Cucamonga HE-43 2013-2021 Housing Element—Revised Draft January 15,201464,af-March 27,2013 P163 including group quarters, single-family homes, and multi-family housing, and typically offers case management and supportive services to help return people to independent living. went Previously,the Development Code defineds transitional housing as uses that allow for an extended stay (longer than an immediate need for housing) and provides support services for the occupants (i.e., medical aid, employment, and housing counseling), but does not permit the establishment of transitional housing uses within the City. In 2012, the City amended its Development CodeT#e-Eity-w444 . -- . •- e- • - _: •-- _:- to define transitional housing consistent with the California Health and Safety Code and to permit transitional housing facilities serving six e-fewer clients by right in all residential districts and only subject to those restrictions that apply to other residential dwellings of the same type in the same district. •- e - __ ... _: - - . - - - - - - -- • Supportive Housing Supportive housing is affordable housing with onsite or offsite services that help a person or family with multiple barriers to employment and housing stability. Supportive housing is a link between housing providers and social services for the homeless, people with disabilities, and a variety of other special needs populations. California Health and Safety Code§50675.14 defines"supportive housing"as housing with no limit on length of stay, that is occupied by the target population (i.e., persons with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act), and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status,and maximizing his or her ability to live and,when possible, work in the community. Currently, the City'sThe 2012 Development Code Update doetincluded updates to address supportive housing. Similar to transitional housing, supportive housing can take several forms, including group quarters, single-family homes, and multi-family housing complexes. The Development Code will-bewas amended to permit supportive housing facilities - _ • - - - - - - by right in all residential districts and only subject to those restrictions that apply to other residential dwellings of the same type in the same district. ' • - . •- . . •_ - • - . - - ' -- •.• -- - • . - -- Single-Room Occupancy Single-Room Occupancy (SRO) units provide affordable housing opportunities for certain segments of the community such as, seniors, students, and single workers and are intended for occupancy by a single individual. They are distinct from a studio apartment or efficiency unit, in that a studio apartment is a one- room unit that must contain a kitchen and bathroom. To address this potential housing need the City w4-I1 amend the amended the Development Code in 2012 to facilitate the provision of SRO units consistent with SB 2. SRO units are permitted in the Medium (M) Residential District, Medium-High (MH) Residential District, High (H)Residential District,and Mixed-Use(MU) Districts • _ -- _ _ . •- ••• -d use developments. Conditions of approval for SRO units will relate to the performance characteristics of a proposed facility,such as parking,security,management,availability of public transportation, and access to commercial land uses. City of Rancho Cucamonga HE-46 2013-2021 Housing Element—Revised Draft January 15.2014oraft March 27,2013 P164 DEVELOPMENT STANDARDS Performance Standard Criteria The Development Code, as well as any applicable specific plans, utilizes a performance standard of development through a use of density ranges. The density achieved is based on an analysis of environmental constraints and design criteria (i.e., setback, lot coverage, parking, and landscaping). Environmental Assessment Requirements An environmental assessment is required for each development project. The site-specific assessment is tiered from the Master Environmental Assessment (MEA) that was prepared for the 2000 update of the General Plan. (A new environmental assessment is being prepared for the 2010 update of the General Plan. Any new information that becomes available prior to certification of the new environmental assessment will be considered in the drafting of this Housing Element). For instance, the City's Hillside Development Regulations were enacted to address grading and design issues on parcels with slope issues. In most instances, these instruments clearly set the environmental constraints on the site, including the potential maximum density,and serve to expedite development. Where additional site-specific information is needed, special studies are requested. Design Criteria Design criteria are established under the Basic and Optional Development Standards. A subdivision designed to meet the City's Basic Development Standards will be permitted to develop at densities that are at the lower end of the density range appropriate to the zone, but within the limits of the Basic Development Standards. In order to qualify for the Optional Development Standards, a developer may provide such features as a larger percentage of open space, more than the minimum requirement for landscaping, and more than the minimum requirement for recreational facilities. Such projects will be allowed to develop at the higher end of the density range appropriate to the zone. Further,under the Optional Standards,many of the basic development requirements such as setbacks and lot coverage may be reduced to accommodate projects at higher densities. Specific Plan Designations Standards for the Terra Vista and Victoria planned communities are more innovative than those contained in the Development Code. For example, cluster development is automatically assumed in the higher density categories, but in the planned communities it is also allowed in the Low-Medium and Medium residential categories. Both plans were designed to allow flexibility in trading densities among different areas within each plan without requiring a General Plan Amendment, as long as the maximum density permitted by the plan is not exceeded. Both plans permit each residential land use designation to be stepped up or down one category,except for the Medium residential category that allows two steps up,to either the Medium-High or High density range. The Etiwanda Specific Plan(ESP)and Etiwanda North Specific Plan(ENSP)are designed to reflect the unique community character within each of these planning areas. The ENSP primarily serves as a pre-zone for the City's Sphere-of-Influence. Rural character is a dominant feature of the historic Etiwanda community. Although low-density housing is encouraged,zoning includes areas for all income levels. The rugged, natural open character of the Etiwanda North area provides constraints to development. Safety hazards and the high cost of extending infrastructure to the area make it most suitable for lower density single-family housing. No multi-family housing is proposed for the Etiwanda North area. Residential Development Standards There have been no significant changes in residential standards since the 1983 adoption of the Rancho City of Rancho Cucamonga HE-47 2013-2021 Housing Element—Revised Draft January 15,201 ,2013 P165 Cucamonga Development Code; minor changes have brought the Development Code into compliance with changes in State legislation. Prior to completion of the 1989 update of the Housing Element, Hillside Development Regulations were adopted to codify long-standing hillside development polices. The Basic Development Standards (Development Code Table Table 17.36.010-117.08.040 B) and Optional Development Standards (Development Code Table 17.36.010-217.08.040 C) are provided in the following tables. City of Rancho Cucamonga HE-48 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P166 Table HE-37: Basic Development Standards Development Standard/ VL L LM M MH H Zoning District Lot Area (minimum) 20,000 sf 7.200 sf 5,000 sf 3 ac(1) 3 ac j1' 3 ac(1) 1 Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac(11 3 ac(1' 3 ac(1) Lot Width (minimum) 90 ft(2' 65 ft(2) 50 ft (2) n/a n/a n/a Lot Width (corner lot) 100 ft 70 ft 50 ft n/a n/a n/a Lot Depth (minimum) 200 ft 100 ft 90 ft n/a n/a n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage (flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Density(dwelling units per acre) Minimum Density(3) n/a n/a 4 du/ac 8 du/ac 14 du/ac 24 du/ac Maximum Density 2 du/ac 4 du/ac 8 du/ac (4' 14 du/ac(4) 24 du/ac 30 du/ac 1 Minimum Setback Front Yard (5) 42 ft(6) 37 ft(6) 32 ft (6) 37 ft (6) n/a n/a Corner Side Yard (5) 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard(5) 10/15 ft 5/10 ft 5/10 ft 10 ft(7) n/a n/a Rear Yard j5i 60 ft 20 ft 15 ft 10 ft(7) n/a n/a At Interior Site Boundary (Dwelling/Accessory NR(8( 15/5(7) 15/5(7) 15/5(7) Building) Building Height (maximum In feet) (2) Primary Buildings 35 ft 35 ft 35 ft 35 ft(t0' 40 ft(10) 55 ft(10) Lot Coverage (maximum lot coverage with buildings as a percentage of the parcel or project) Lot Coverage 25% 40% 50% 50% 50% 50% Open Space Requirement(minimum percentage of open space per parcel or project) Private Open Space 300/150 sf 2251150 sf 150/100 sf 150/100 sf (Ground Floor/Upper Story) Open Space (Private and 65% 60% 40% 35% 35% 35% Common) Minimum Patio/Porch Depth 6 ft(11) 6 ft(11) 6ft(11) 6ft(11) 6 ft(11) 6ftill) Minimum Dwelling Unit Size (12) Single-Family 1,000 sf (attached and detached) Multi-Family(13) 550 sf Efficiency/Studio 650 sf One Bedroom 800 sf City of Rancho Cucamonga HE-49 2013-2021 Housing Element—Revised Draft January 15,20140raft March 27,2013 P167 Three or More Bedrooms 950 sf Distance Between Building/Structure Fronts 181(141(minimum) Between buildings with no patio — — 30 ft 30 ft 30 ft 30 ft or recessed patio Between patio fence/wall less — — 15 ft 15 ft 15 ft 15 ft than 5 feet in height Between patio fence/wall more — — 20 ft 20 ft 20 ft 20 ft than 5 feet in height Between balconies above patio fence/wall more than 5 feet in — — 20 ft 20 ft 20 ft 20 ft height Between a patio fence/wall and — — 20 ft 20 ft 20 ft 20 ft a building wall With common patio fence/wall — — 30 ft 30 ft 30 ft 30 ft Other Miscellaneous Building Setback Requirements 18)(minimum) Building to one-story detached garage/carport or other 6 ft/15 ft 15 ft 15 15 accessory structure Building to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry • Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width, which shall vary accordingly: VL -+/- 10 feet L&LM-+/-5 feet (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM district and single-family in the M district at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in Subsection 17.36.020.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Front yard setbacks in new residential developments may be reduced by up to 5 feet to allow for variation in structural setbacks along the street. (7) Add 10 feet if adjacent to VL: L. or LM district. (8) Applies to buildings two stories and taller in height.Add 10 more feet for each story over two stories. (9) In hillside areas; heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement (13) To assure that smaller units are not concentrated in any one area or project, the following percentage limitations of the total number of units shall apply: 10%for efficiency/studio and 35%for one bedroom or up to 3596 combined. Subject to a Conditional Use Permit, the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) Front is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front Source: Based on RCMC Table 17.36.010-1-(Basic)Development Standard for Residential Zoning Districts 4•14: il: 144 M P414 41 tot Area: 2-2,500 87090 6;900 3-a€- 3-a0' 3—ac—f" Min+ 4Jet 20,000 00 5-.000 3-a€- 3-ac-10 3-, f Dwelling-6144its-F'0}(Pe ittcd-per Up to 2 Up to 4 41940-6 Up 4e-1-1- 9 Up to 27 Acre) - `u City of Rancho Cucamonga HE-50 2013-2021 Housing Element-Revised Draft January 15,20144X-aft-March 27,2013 P168 1,000 sq.ft.llq of.District Detached 0, Efficiency/Studio One-Bedroom 650 a Regardless of district cn 800. ft Regardless ofdistrict Loons: 90-Avg. 65 g. N/R N/R N44 Vary r/ 10 Vary-+/-5 Vary+/ 5 400 70 50 N/R N/R N/R ai-ninaufn-Dept-h 200 400 90 N/R NA N/R 50 49 30 4-00 400 198 30 28 20 _ b9 38 50 Setbacks 42-Avg 37 Avg. 32-Avg, 37 Avg. N{R N744 crontYard1 Vary 4/ 5 Vary r/ S Vary+/ 5 Vary 4-1 5 Cotner-Side-Yard 2-7 2-7 22 2-7 N744 N744 Interior Side Yard 10/15 S/10 5-40 40-m N/R N/R Rear Yard 60 28 46 40am) N/-R N/R 30/5 20/5 15/5 15/S' 15/5AN 15/5 N/R N/R Rewired Height f lm:t-.tieR-K) 35 35 35 35-f.9 40-K-) 55'ti 2-5% 49% 50% 50% 50% 50% Private Open Space i9sty(„2nd 1 27000-71-4744 47990/N/R 300/150 255/150 450400 1504-100 (Minimum) N/R NA NA 38% 39% 30% 65% 60% 40% 35% 35% 35% N/R N/R N/R Reqeired Lands‘-aping (6) (cf) (6) Required Amenities N/R N/R N/R Required Ah R-.NOt-Re9uired Metes . . 4015-00,10,04.0.1410 sites-s4100-00 +fY-fattou- (8.)— 0e10*t-e00040e0e-N'ee-5- 1D Aid 3 t. � 7.e-fhan-}$ M fe o-ffebe[befside.eet41ertuee i Ipi[fAl.l�tVdWIJIMet 4M400dnfop0g6A01-00.000,--st-Feer-•ees N+.)—AOngle-fo . . . • . - fe04-0wr-00e0inefl zed-when Mtwhibits 00020 ce—auebi05-0,4.ocf;vrof.-ende.ea;fetfurordesgn t roegMne epprevelef-etendHrena List Permit.. (y 1.400E-itlzens ero/eefo-ere uenfpt-ffenf-ikls+eauireo+mF. (I)—.essofe{Aef-srnol er or isorearetcwneenireted in eM`ene area 0f pfejeC4,..449e , , ' .,, -'- :,' ' ., '.- • ' . , • • ; ref units , ,;, : •,• • - • ie Md35-pen rombiaed 3ubiett-to a{andltienoHlst cent-the rlenning-cerne.fission+noy-.Whetices$reofef+etieefeffie+encyer-ene-bedeen, 00it0-0hen0.:- :. --- - -': : . •. ... and obobnee 0000/000-sires-end-types (K)--M-1Il sMeareo,.`-- - - - — - - - (i-) On ecnting ecu reseraessthetfiM�i0960f0d-0010,4001-1.00nfage-^nay-e0!ybe-devMeped et-rNewes-endof-tMe-Per-,,,,,fed-demot,,, µy-Additionalsfondards City of Rancho Cucamonga HE-51 2013-2021 Housing Element—Revised Draft January 15.201 P169 Table HE-38: Optional Development Standards 6 WO M ' MM 4 5 at; S 3 5ae Sae `-a+ Lot Area Variation (ti Variation 5-ae S-ac (Minimum niet n, el Required Required i wellingUnits- Up-te-4 _ 4p 4e-8 Up to 14 Up 24 Up to30 Minimum-Oweilingeim Single Fami1.,Attached and 1,0005q.ft. Ogg es .nwie NR ccn ft Regardless et district One-Bedreem N4R ccn. ft Regardless of district Two-Bed-teem N/o 800 r,. ft Regardless of district ^TIR 950. tt Regardless of district -iimencionrr. NiTY Minimum idth Variation (H Variation 04 7Ip 4471R (i Required Fren♦Setback) Required Required ��/p ���p AAA Requited ^�� NA N7 R Setbacks-65) 42-Avg- 0) 42 Avg. 42-Avg, 47-Avg, Local Street Veef-/5 Vary+/5 Vary 1/5 Vary 4/ 5 32-Avg. fig. 5-fE) 5-14' srfc-i Vary-4-5 Vary+/Sw Corner Sidc Yard 4-7-10 10.11 5-1E4 N/R N/R 5/10 PY (y 101 NA N/R 20/5 15/5 20/5*9 20/5 20/5 Front-Te-Front 23 25 Required Mhos 10 40 Required Height Limifafiens 35 35 3.5-fe 40- 5610 1008-/-N/R 3004450 225/150 150/100 1-504400 W(Minirnam) 5% 10% 3594 35% 35% Usable Open-Space " 60% 45% 40% 40% 40% Reffeatien-Afea4neility 0,44R Requited landscaping 69 Requited Required Requited Amenities N/R N/R I Requited Ne {Aj -seeandarysteeetsone enerro+son9 inAtbsuieofeos (a)- -streets: f6f— «w+wn 100fre ol-4-sek-tbsHiet form,!tie+r-fernilv-dwoTH^gs (e} (F!- .- .. ,de..nl euse...op.etwlenr+evui es e.4o„o6«00,09e door open's-&erne setbee4:9-1B1eei-n ioi+wuno-+ls.deentry soeoge used+o, .,- ,tle-1entily-detac f --Per'ntetee oo4sseping ondinte.ior ou eu t;e., (5)--A-ciatte-frivoi4 eboched-tiovebinp-te554Ne O0 tgue.e{eeFwNlfe life-tbe'epp.eveluf a Condttiebol Use.&etRH- (4- Refer4e-oppkcobte-Gevelepment-Coote4obles- fh, Senaf-c fh`nns-p My yj.ement-.- (K) To aostne-thot-stneltee nest tsee-not-eenceof,ofed.inanyeno-oreo epfeljee-f-MefoIewinp-percento9N in+itabonfof-tke4delnur bet-olumis snob opply:-1Ai>e�erN;o.rffieient-ty4tadie end35/erceM-throne bed teen,-erg,-peccentcoo,blned.Subject 4 0CandkieneldsrPermit,fhe ice-e-pronto.rotor aleglciency crane-bedroo+n . . .. _ . . ... •ba/OOK-ntNt-afumtsieesandtypes (5■ to Ail%o,deatys, •So..vvmz tl scd on'f"t eye-RC-ME ._ - _ .. -- .. . City of Rancho Cucamonga HE-52 2013-2021 Housing Element—Revised Draft January 15,20140faft 1.earch",2013 P170 Optional Development Standards! VL L LM M Zoning District Minimum Site Area (Gross) 5 ac 5 ac 5 ac 5 ac Dwelling Units per Acre Up to 8 Up to 14 Up to 24 Up to 30 Minimum Dwelling Unit Size Single-Family and Multi-Family See Table 17.36.010-1 Public Street Setback 42 ft avg 42 ft avg 42 ft avg 47 ft avg Vary±5 ft Vary±5 ft Vary t5 ft Vary±5 ft Private Street or Driveway Setback 15 ft avg 5 f 5 ft 5 ft Vary t5 ft Comer Side Yard 10 ft 5ft — — Interior Side Yard — 10 ft u1 2l — — Interior Site Boundary 15/5 ft 20/5 ft(t) 20/5 ft(1) 20/5 ft(1) (Dwelling Unit/Accessory Building) Residential Building Separations See Table 17.36.010-1 Height Limitations 35 ft(3) 35 ft(3) 40 ft (3) 50 ft(3) Private Open Space 300/150 sf 225/150 sf 150/100 sf 150/100 sf (Ground Floor/Upper Story) Open Space(Private and Common) 45% 40% 40% 40% Minimum Patio/Porch Depth 6 ft(4) 6 ft(4) 6 ft(4) 6 ft(4) Recreation Facility Required per Section 17.32.040 Table Notes: (1) Add 10 feet if adjacent to VL. L. or LM district. (2) Zero lot line dwellings permitted pursuant to Subsection 17.36.010.D. (3) Limit one story within 100 feet of VL or L district for multi-family dwelling units. (4) Fee and clear of obstructions. Source: Based on RCMC Table 17.36.010-2—(Optional)Development Standard for Residential Zoning Districts Overall, development standards are based upon acceptable provisions and are not exceptional or unusual and, in fact,are consistent with those of surrounding communities. The provisions allowed under the Terra Vista and Victoria Community Plans are somewhat less demanding than those contained in the Development Code and the ESP, but this reflects the unique community character within each of these planning areas. • Building standards, such as parking and height requirements, generally do not provide a constraint to development. Typically, building heights are permitted to increase as density increases. Parking is based upon the unit type and number of bedrooms. Carports are permitted in multi-family developments when approved by the Design Review Committee. The variability of these development standards permits a wide variety of housing types, including single-family and multi-family, rental and ownership, and mobile homes. Application of these development standards to the remaining vacant land resources will continue to provide a broad range of housing alternatives consistent with the City's share of the Regional Housing Need. Terra Vista Community Plan Development Standards The Terra Vista Community Plan (TVCP) was originally approved by the City Council on February 16, 1983. Since its approval, the majority of the TVCP has been constructed with only a few sites remaining before build-out. Development standards are more flexible than typical Development Code standards in order to allow for a creative and cohesive design throughout the planned community for each land use density. No City of Rancho Cucamonga HE-53 2013-2021 Housing Element—Revised Draft January 15,2014Dra$t-M t#27,2013 P171 maximum lot coverage is required for development provided that setback and open space requirements are met. Based on the development criteria outlined below, the TVCP does not preclude the feasibility of achieving maximum densities, and when coupled with a Density Bonus Housing Agreement would exceed allowable TVCP densities for the development of affordable housing units. Table HE-39:Terra Vista Community Plan Development Standards Development Standard M Building Site Area 2 ac Dwelling Units(Permitted per acre) 24-30 Setbacks Building Setback(from curb face) Varies from 22 ft average,20 ft minimum to 43 ft average,38 ft minimum,depending on street classification Building Setback(from property line) Varies from 0 ft,to 6 ft with 35 ft separation,depending on alley or trail Garage, Carport and Accessory Building Varies from 22 ft average,17 ft minimum to 38 ft average,28 ft minimum,depending on (from curb face) street classification Garage, Carport and Accessory Building Varies from 0 ft,to 6 ft with 35 ft separation,depending on alley or trail (from property line) Uncovered Parking Setback (from curb Varies from 22 ft average,11 ft minimum to 38 ft average,19 ft minimum,depending on face) street classification Uncovered Parking Setback (from 0ft property line) Open Space 0 ft Other Conditions 0 ft Building Site Width and Depth As permitted by required setbacks. Building Site Coverage No Maximum subject to Development Review Process. Building Height 65 ft Private Open Space Not applicable Building Separations The standards from the Rancho Cucamonga Development Code shall apply. Note:The only vacant residential land within the TVCP is within the High Residential Districts,so only those standards were discussed. Source:Terra Vista Community Plan Victoria Community Plan Development Standards The Victoria Community Plan (VCP)was originally approved by the City Council on May 20, 1981. Since its approval, the majority of the VCP has been constructed with only a few sites remaining before build-out. Currently,only one site remains in the VCP that is zoned High Residential(24-30 units). The VCP provides for typical lot development,as well as innovative and cluster housing standards,which allows for more creativity and flexibility in achieving maximum density yields. The following is a summary and discussion of the specific design criteria and performance standards that affect density yields and affordable housing production,and based on these criteria, the VCP does not preclude the feasibility of achieving maximum densities. City of Rancho Cucamonga HE-54 2013-2021 Housing Element—Revised Draft January 15 2014Draft March 27,2Un P172 Table HE-40: Victoria Community Plan Development Standards LM(Cluster Development) H Building Site Area 3 ac 3 ac Dwelling Units(Permitted per acre) 4-8 24-30 Building site coverage As permitted by required setback and 60% private open space Building Setbacks Front,Side and Rear Setback:Varies from 5 Front,Side and Rear Setback:Varies from 5 ft,to 20 ft minimum,25 ft average ft,25 ft minimum depending on street depending on street classification. classification. Building Separation Building height 35 feet or less,10 ft min Building height 35 feet or less,10 ft min Building height 35 feet or greater,15 ft min Building height 35 feet or greater,15 ft min Building height 40 ft 50 ft Building Site Width and Depth As permitted by required setbacks N/A Private Open Space 300 sq ft N/A Note:The only vacant land within the VCP is within the Low Medium and High Residential Districts,so only those standards were discussed. Source:Victoria Community Plan Lot Standards Minimum lot size requirements range from 30,000 to 40,000 square feet in large estate residential areas,to 5,000 to 7,200 square feet for most single-family residential areas. The minimum lot size required in higher density multi-family developments is 3 acres, however, existing legal parcels less than 3 acres may only be developed at the minimum of the density range. Residential Densities Residential densities range from 0.1 to 2 units per acre for the Very Low Residential District, up to 24 to 30 units per acre for the High Residential District. The Terra Vista Community Plan permits residential densities in the High Residential District up to 30 units to the acre. Lot Coverage Lot coverage (i.e.,the area of a lot covered by the building footprint, plus roof overhang) is permitted up to 25 percent in the Very Low Residential District(20 percent in the ESP). The Low Residential District allows for a maximum of 40 percent lot coverage while the Medium to High Residential Districts allow up 50 percent lot coverage, with no maximum lot coverage requirement in the Victoria Community Plan or Terra Vista Community Plan. Height Limits The Very Low to Medium Residential Districts permit a building height up to 35 feet,while the Medium High and High Residential Districts permit a building height up to 45 feet and 55 feet, respectively. A limit of 65 feet applies to the High Residential District of the Terra Vista Community Plan. Height restrictions are not considered a significant constraint to housing development in Rancho Cucamonga. Parking Standards Parking standards are currently similar to those utilized in other cities and areis based on a standard requirement of 2 spaces within a garage for single-family detached units,and a sliding scale, depending on the number of bedrooms per unit, for cluster development (condominium, townhome, apartment, etc). Multi-family conventional parking standards are based on the following: City of Rancho Cucamonga HE-55 2013-2021 Housing Element—Revised Draft January 15,2014Orift March 27,2013 P173 Table HE-41: Multi-Family Parking Standards Unit Type Parking Requirement Studio 1.3 spaces per unit One Bedroom 1.5 spaces per unit Two Bedrooms 1.8 spaces per unit Three or More Bedrooms 2.0 spaces per unit Four or More Bedrooms 2.3 spaces per unit Source: Rancho Cucamonga Development Code Under these standards, for studio, one and two bedroom units, one space is required to be in a garage or carport and in three and four bedroom units, two spaces are required to be in a garage or carport. Guest parking spaces are required at a ratio of one parking space for each four multi-family units. To mitigate the impact that parking requirements may have upon affordable housing projects, the City adopted Affordable Housing Incentive/Density Bonus Provisions(discussed below). Under these standards parking requirements do not hinder the availability and affordability of housing as the City permits a reduction of these on-site parking requirements,among other standards, in the development of affordable housing projects. The implementation of the Affordable Housing Incentives/Density Bonus Provisions permits the following reduction in parking requirements to accommodate development of affordable housing projects. Table HE-42: Density Bonus Provisions Parking Standards Unit Type Parking Requirement 0—1 Bedrooms 1.0 on-site spaces per unit 2—3 Bedrooms 2.0 on-site spaces per unit 4 or More Bedrooms 2.5 on-site spaces per unit Source: Rancho Cucamonga Development Code Parking is inclusive of handicapped and guest parking requirements Performance Standards and Design Criteria Analysis The following analysis demonstrates that the imposition of the City's Performance Standards is not an impediment to the development of residential units at the upper range of maximum allowable densities as part of the City's Optional Development Standards. Open Space Building setbacks and open space requirements are established to ensure that sufficient privacy and open space are provided to enhance and maintain the quality of life within residential neighborhoods. These requirements are necessary to mitigate traffic noise, provide privacy from neighbors, and other noise generating uses that may affect an individual's quality of life. The established open space requirements for multi-family housing include both common and private open space. Overall, the setbacks and open space requirements are considered typical for residential uses in western San Bernardino County. Recreation Area/Facility Recreational amenities in conjunction with common open space are required for development under the Medium to High residential densities. These amenities are required to provide for active recreation opportunities for development residents. The required amenities are as follows: 1) Development consisting of 30 units or less shall provide three of the following recreational amenities: a. Large open lawn area, one of the dimensions shall be a minimum of 50 feet. b. Enclosed tot lot with multiple play equipment. c. Spa or pool. City of Rancho Cucamonga HE-56 2013-2021 Housing Element—Revised Draft January 15,20148Faf-MMcb 27,2013 P174 d. Barbecue facility equipped with grill, picnic benches, etc. 2) Development consisting of 31 units to 100 units shall provide another set of recreational amenities, or equivalent, as approved by the Planning Commission. 3) Development consisting of 101 units to 200 units shall provide five of the following recreational amenities, or equivalent, as approved by the Planning Commission: a. Large open lawn, one of the dimensions shall be a minimum of 100 feet. b. Multiple enclosed tot lots with multiple play equipment. The tot lots shall be conveniently located throughout the site. The number of tot lots and their location shall be subject to Planning Commission review and approval. c. Pool and spa. d. Community multi-purpose room equipped with kitchen, defined areas for games, exercises, etc. e. Barbecue facilities equipped with multiple grills, picnic benches,etc. The barbecue facilities shall be conveniently located throughout the site. The number of barbecue facilities and their locations shall be subject to Planning Commission review and approval. f. Court facilities (e.g., tennis, volleyball, basketball, etc.). g. Jogging/walking trails with exercise stations. 4) For each 100 units above the first 200 units, another set of recreational amenities,as described above, shall be provided. 5) Other recreational amenities not listed above may be considered subject to Planning Commission review and approval. 6) Related recreational activities may be grouped together and located at any one area of the common open space areas. 7) Dispersal of recreational facilities throughout the site shall be required for developments with multiple recreational facilities. 8) All recreation areas or facilities required by this section shall be maintained by private homeowners' associations, property owners, or private assessment districts. For qualifying affordable housing projects, Rancho Cucamonga's Affordable Housing Incentives/Density Bonus Provisions provide that the Planning Commission may approve development incentives (i.e., a reduction in certain development standards such as reduced building setbacks,reduced public/private open space, increased maximum lot coverage, increased building height,etc), but only when provided as part of a Density Bonus Housing Agreement. In general,the discretion given to the Planning Commission in approving "other" recreational amenities demonstrates how zoning encourages flexibility and creativity in meeting the City's development criteria. The City has found that the requirement for recreation area/facilities does not preclude the ability to achieve maximum densities,particularly in relation to the development of affordable housing, when combined with a Density Bonus Housing Agreement. Landscaping Landscaping is required for both single-family and multi-family projects and is provided for aesthetic as well as functional reasons. For multi-family projects, particularly in the Medium to High Residential Districts, landscaping is provided as a percentage of the project site and provides many essential functions for the community including:beauty,shading,wind protection,screening, noise buffering,and air filtering. Within the Low Medium to High Residential Districts,the City's landscape standards require a number of trees per gross acre; however these trees are dispersed throughout the project in areas that include setback areas,in building to building separation areas,around the project perimeter,throughout the parking lot,and around both passive and active recreation areas. This requirement has no impact on achieving maximum density as there are sufficient areas within a project to provide project landscaping. In addition, the City's Affordable City of Rancho Cucamonga HE-57 2013-2021 Housing Element—Revised Draft January 15,20140x-ft Mpreh 22 201 P175 Housing Incentives/Density Bonus Provisions include incentives that could allow a reduction in"other site or construction conditions applicable to a residential development",which could include a reduction in project landscaping. Energy Conservation Energy conservation standards establish requirements for energy conservation features as part of multi- family development when utilizing the City's Optional Development Standards. The energy conservation standards require that new residential developments be provided with an alternative energy system to provide domestic hot water for all dwelling units and for heating any swimming pool or spas,and that solar energy shall be the primary energy system unless other alternative energy systems are demonstrated to be of equivalent capacity and efficiency. Additional requirements provide that all appliances and fixtures shall be energy conserving. Energy conservation standards are approved through Planning Commission review and do not impact the ability to achieve maximum density. Energy conservation standards may have short term costs associated with the installation of the alternative energy system; however, operation costs and per unit costs will be lower due to the energy savings associated with the operation of the equipment. Energy conservation standards requiring energy efficient appliances do not impact project density and will not impact project development costs. Operation costs to the tenants will be significantly lower with the use of energy efficient appliances. Amenities Amenities are provided to enhance the quality of life for multi-family developments and require that 1)each unit shall be provided with a minimum of 125 cubic feet of exterior lockable storage space and 2)that each unit shall be provided with a hook-up for a washing machine and cloths dryer. The purpose of the amenities requirement is essentially to improve the livability by improving the functionality of each residential unit. These amenities are approved through Planning Commission review, do not impact the ability to achieve maximum density, and have a negligible impact on housing development and costs. Annexation Potential The City's Sphere-of-Influence is located north of the City between the City limits and the National Forest Boundary in environmentally hazardous and sensitive areas. The resulting constraints limit the range of potential residential development. Annexations have added"Low"and"Very Low"single-family residential development areas to the City. The ENSP was adopted on April 1, 1992 as a pre-zone for future annexation. Land in the Sphere-of-Influence lacks urban infrastructure, and much of the area is expected to remain as open space. Developable areas have slopes in excess of 8 percent and are subject to the City's Hillside Development Regulations. Residential development in the sphere areas will be more expensive and at lower average density than residential development within the current City boundaries; this is because of expected lower densities due to slope constraints, costs to extend utilities and infrastructure, and the cost of land. Consequently, any future annexations are expected to provide sites for move-up rather than for affordable housing. BUILDING CODES AND THEIR ENFORCEMENT Building Code Requirements The City has adopted the 2007 California Building Code (CBC), which is largely based on the International Building Code, to address building code requirements. Under State law, this code can be amended by local governments only for to geological, topographical, or climatological reasons. Adoption of the CBC incorporated the International Building Code, the California Mechanical Code incorporated the Uniform Mechanical Code, the California Plumbing Code incorporated the Uniform Plumbing Code, the California Electrical Code incorporated the National Electrical Code, and the California Fire Code incorporated the International Fire Code. These codes are considered to be the minimum necessary to protect the public City of Rancho Cucamonga HE-58 2013-2021 Housing Element—Revised Draft January 15,2014Bra#t-AAarch27,2013 P176 health, safety, and welfare, and are not considered an unnecessary constraint to housing. Through the use of the State Historic Building Code (Health and Safety Code §18950, Et seq.) the City encourages the preservation of significant historic structures. The State Historic Building Code permits the use of original or archaic materials in reconstruction with the purpose of providing"alternative regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction), or relocation of qualified historical buildings or structures." The City has also enacted a Mills Act ordinance to provide tax incentives for the preservation of historic homes. As discussed previously,the housing stock is in relatively good condition. For those structures that do need repair, the City enforces those standards and regulations that ensure reasonable and adequate life safety. The application of these standards allow for the exercise of judgment,as permitted in the code,so that older buildings built under less demanding regulations are not unduly penalized. Code Enforcement The Code Enforcement Division enforces the Municipal Code. Areas of concern include property maintenance and aesthetics, land use and zoning compliance, parking control, animal regulation, permits and development compliance,weed abatement,vector control,and graffiti removal. The Code Enforcement Division primarily operates on a complaint response basis. Once a violation is reported, a Code Enforcement Officer makes contact and issues notice requesting correction of the violation. If progress toward compliance is not observed within a specified amount of time, a multi-step process begins that involves additional notices. As a last resort, a formal nuisance abatement process is followed, an Administrative Citation may be issued, or criminal proceedings may be sought. The overall emphasis of the Code Enforcement program is to ensure that progress toward correction of violations is achieved on a voluntary basis. One focus of the Code Enforcement program has been toward ordinance improvement in order to provide a strong foundation in law to back up requests for code compliance. Overall community awareness is a goal of the Code Enforcement Division. Toward this goal proactive programs are initiated. Neighborhood conservation programs focus on specific neighborhoods, which though sound, are beginning to show signs of deterioration. Community education, neighborhood cleanups, yard maintenance, and abandoned vehicle abatement are emphasized during such programs. These neighborhoods are often low-income neighborhoods eligible for CDBG funding for capital improvements, including street resurfacing, storm drains, streetlights, and water and sewer upgrades. OFF-SITE IMPROVEMENTS New construction within the City triggers Ordinance 58, which requires as a condition of project approval, the completion of all street frontage improvements. These improvements are primarily street and storm drain improvements;although the undergrounding of utilities may also be required. With undergrounding of utility lines there is an aesthetic benefit, but there is also a public safety concern. This is because Rancho Cucamonga is subject to extremely high winds,and hazardous conditions can be created when utility poles or utility lines break. Therefore, site improvement requirements are the minimum necessary for public safety and cannot be viewed as a constraint to development. The requirements for on-and off-site improvements will vary depending on the location of the project,the presence of existing improvements,as well as the size and nature of the proposed development. In general, most residential areas in Rancho Cucamonga are fully served with existing infrastructure improvements. The Development Code requires developers proposing to construct any building, parking lot or developing area to provide for a number of improvements within the public rights-of-way including:concrete curb and gutter, asphalt concrete street pavement,sidewalks,street lights,and street trees. Typical residential development requires a 60-foot minimum public street right-of way,which includes a 36-foot street width measured from curb to curb; private streets may have a reduced right-of-way, however the curb to curb dimension remains City of Rancho Cucamonga HE-59 2013-2021 Housing Element-Revised Draft January 15,201413ra#-March-2-77.a013 P177 consistent with public streets. The City and other public agencies charge fees that may affect the price of housing. However,the fees such as drainage, transportation, water, and sewer are necessary for public health and safety, while other fees provide for public amenities, including park development and beautification. Finally, processing fees reimburse the City for a portion of the cost of processing development review applications. The RDA provides financial subsidies to affordable housing developments in order to offset the impact of development fees. FEES AND OTHER EXACTIONS Planning Fees The City charges a range of development fees and exactions to recover the costs of providing services to new development. Fees are designed to ensure that developers pay a fair pro-rata fair share of the cost of providing infrastructure and to compensate the City for the cost of processing the application. These fees are not considered excessive and are comparable to surrounding communities. Application fees are established by a Fee Study,which analyzes a number of factors including processing time,number of people needed to review an application relative to the application received. This Fee Study is then used to determine the actual fees which are reviewed and adopted by City Council. Beginning on July 1, 2014,the fees will be automatically adjusted based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during the 12 month period ending on December 3151 of the immediately preceding year,as released by the U.S. Department of Labor's Bureau of Labor Statistics and rounded to the nearest whole dollar. • -- _ . • •-. . _ _ _ - - • - - __ -- -• - . - - _ _ adopted by City Council. The current fee Study is tied to-t-#e Cef}stxnerPriee index(CPI)and application fees • • • - • - . • . .. . . •- : ' . The following table summarizes the Planning Department fee requirements for residential development applications. City of Rancho Cucamonga HE-60 2013-2021 Housing Element—Revised Draft January 15,2014D a#E-Marck+47,2013 P178 Table HE-43: Planning Department Application Fees Application Application Fee Annexation $12,017.50$972-59 Development Agreement $13,062.50$11,157 Development Code Amendment $6,270.00$1,535 Development/Design Review $10,450.00$11,335 Development/Design Review (4 du's or less) $7,079.88$6,360 Development District Amendment $8,882.50$7,978 Environmental Impact Report—Preparation $36,575.00$28,316 Environmental Impact Report—Review Only $5,747.50$3,693 $46 General Plan Amendment $11,913.00$11,477 Hillside Development Review( 5 or more du's) $3,239.50$67396 Hillside Development Review(4 or less du's) $2,090.00$5,745 Initial Study $2,664.75$3686 Minor Exception $500.56$4&Q See Deposit Section Below Mitigation Plan—Simple $715.83$557 Pre-Application Review(Planning Commission) $2,090.00$5,212 Preliminary Review $2,090.00$4,674 Specific/Community Plan, New $12,450.00$40,036 Specific/Community Plan Amendment $4,180.00$3,366 plus$338 per acre(max$10,106) Tentative Parcel Map $7,701.65$6,917 Tentative Tract Map $14,151.39$12,710 Time Extension $679.25$58-7 Tree Removal—New Development $772.26$694 Variance $2,315.72$2,080 Variance(4 this or less) $2,084 Deposits Challenge to Environmental Studies $5,877 $1,175 Source: Rancho Cucamonga Planning Department 28992013 Building Permit Fees The following table itemizes fees charged for prototypical projects in Rancho Cucamonga. As previously mentioned, these fees are designed to ensure that developers pay a pro-rata fair share of the cost of providing infrastructure and to compensate the City for the cost of processing the application. For instance, Planning and Building fees (building inspection, plan review, and WQMP) recover the cost of processing applications, issuing building permits, building inspections, and providing services; local impact fees (drainage, transportation, beautification, and park development) are charged for the construction of infrastructure to serve new housing;and regional impact fees(schools,water,and wastewater)are charged by regional or government entities to provide infrastructure and services for new development. and may amount to several hours time depending on the level of review. Fire Department plan check fees are incorporated into the Building and Safety Plan Check fee and are not assessed separately. Between 2000 and 2008, the fees for SFR and MFR building permits increased approximately 98 percent. This fee increase due to the fact that the City historically had fees lower than what it actually cost the City to City of Rancho Cucamonga HE-61 2013-2021 Housing Element—Revised Draft January 15,2014840t-P4afch 27,2013 P179 process a development application. Following an extensive Fee Study in 2001-2002, the City increased its application and permit fees. Planning and Building fees were increased to fully recoup the cost of staff time to process a project,and increases in local and regional impact fees were the result of increases in the cost to provide the identified service or to develop public facilities to serve new development. Although some fees have increased significantly, the Beautification fee applied to residential development has not increased. These fees are based upon the cost the City to provide the identified services,are consistent with those fees charged by neighboring jurisdictions in the western San Bernardino County region, and do not impose an impediment to the supply or affordability of SFR and MFR housing. It is important to note that aver---52-about 57 percent of those identified fees are levied by the CVWD, not the City. CVWD fees for each housing unit (both SFR & MFR) include the water meter, meter box, water capacity fee, sewer capacity fee, and capital capacity fee (paid to the Inland Empire Utilities Agency (IEUA)). These fee increases also affect typical multi-family development as the building permit fee calculations are the same for both single family and multifamily projects. As discussed above,these fees are consistent with those of other cities in the western San Bernardino County region and do not preclude or significantly impact the supply or affordability of housing. Based upon the following table, fees charged for multi-family development average$2-4,872.6113,941.75 per unit,which, based on analysis of other cities in western San Bernardino County is less than or comparable to the fees of other cities in the area. These fees do not preclude or significantly impact the supply or affordability of housing. Table HE-44: Residential Development Fees Type Of Fee Single Family' Multiple-Family2 (SFR)—20132499 (MFR)—20132049 !fin Building Inspection $785.94$892.34 $2,886.37$4,-38:9'l Plan Review` $1,041.83$1,182.87 $3,826.12$5,L�s 49,0 WQMP3 $397.80$354.81 $397.80$491.73 Drainage $3,559.60$3,33.00 $38,764.00$36 :00 Transportation $4,654.00$4,654.00 $44,672.00$4476-7-2,99 Beautification $253.00$2 $3,360.00$3,360.00 Park Development $4,396.00$4407,00 $44,368.00$427248,00 Water&Sewer(CVWD)4 $16,425.00$16,282.00 $223,068.00$-2-60,54-2,00 School Fees' Calculated by applicable School District Totar S31,513.18$24,461.42 $361,342.30$397,961.73 1. Fees based on a proposed 1,265 square foot residence,2-car garage,8,000 square foot lot,no decks or patios,and located in the Low Density Residential District. 2. Fees based on a proposed 2 acre,16 unit complex,with an average 1,050 square feet in the Medium Residential District. 3. .WQMP fee applies to projects of up to 5 acres;for every additional 5 acres,the fee is$132.60. 4. CVWD fees are$13,951.7516,282 per MFR unit{SrR-&-&4FR). 5. Does not include school fees. 6. Does not include the technology fee of$302.06(SFR)and$82.25(MFR). Source: Rancho Cucamonga 20132889 City Fee Schedule and CVWD Based on an analysis of the existing home market, the median price of existing homes has increased from approximately$173,000 in 1999 to approximately$545,000 in 2007;an increase of 215.0 percent. Assuming the median price reflects the price of a new home, in 2000,fees represented 10.5 percent of the total cost of a new home, and in 2007, these fees represented 5.3 percent of the total price. This decrease in the percentage is primarily the result of a significant increase in the cost of a home, both new and resale, and although development fees have also increased significantly,the rate of increase was far below the rate of increase in home value during the same time period. The following table identifies the hypothetical fees that would be collected for the development of a new 1,265 square foot residence and a 16-unit multifamily development. These fees would be approximately $31,513.1831,165.02 and$22,583.88 21,872.61 per unit respectively. This represents about 11.0 percent of the total development cost for a single family unit and 9.6 percent for a multi-family unit. City of Rancho Cucamonga HE-62 2013-2021 Housing Element—Revised Draft January 15,2014BrafEMarch 27,2013 P180 Table HE-45: Proportion of Fee In Overall Development Cost for a Typical Residential Development Development Cost for a Typical Unit New SFR' New MFR2 Total estimated fees per unit $31,513.1831,165.02 $22,583.8824,872.61 Typical estimated cost of development per unit $282,072.00 $257,892.00 Estimated proportion of fee cost to overall development 11.0% 9.6% cost per unit 1. 1,265 square foot single-family home. 2. 16 unit multiple-family complex. Source:Rancho Cucamonga Planning Department Water and Sewer Service Water and sewer services are provided by Cucamonga Valley Water District(CVWD). Based upon CVWD's Water Master Plan current water supplies and delivery systems are adequate and present no constraints to housing development. Rancho Cucamonga accounts for approximately 75 percent of CVWD's 47 square mile water service area, but about 90 percent of the customer service base. Total water deliveries (including residential,commercial, and agricultural)was 47,435 Acre Feet/Year(AFY)in 2000,55,320 AFY in 2005,and is projected to be 83,500 AFY in 2030. Total water use (including water deliveries, sales to other agencies, and water loss) was 50,717 AFY in 2000, 55,856 AFY in 2005, and is projected to be 86,000 AFY in 2030. Water usage increases are directly attributed to increases in residential and commercial growth during the planning period. Average day demand is approximately 50 million gallons per day(mgd)and is expected to increase to 76.8 mgd by 2030. CVWD's Master Plan addresses water supply and water delivery capability and provides a schedule for increasing capacity to keep pace with development. - . - - -- - .• . -- - - !!!. New development is charged a facilities fee and connection charges, these fees reflect a need for increased capacity in CVWD's capital improvement requirements. The water service fee for single-family residential development is$4,7839,937 per unit(for a 1" meter size);this fee was$472-504 783 in 20008. Sewers are provided by CVWD,while the IEUA provides wastewater treatment facilities. Based upon CVWD's Master Plan, planned expansion, upgrade, and timely maintenance of the sewer system will provide adequate sewer service through the build-out period. For the typical dwelling unit, CVWD charges $2,7001,239 in sewer connection fees. Where no sewer infrastructure exists and is required as a condition of development,the development is required to provide master planned facilities. Because of the availability of the CVWD sewer system, the sewer capacity is not a constraint on development. CVWD passes along the IEUA facilities fee of$4,909 (as of July 2012)$4,,450 per dwelling unit as a sewer system capacity fee. In 2008 this fee was$4,450, representing an approximately 10 percent increase.ln 2000 this fee was $3,530, representing a 26 percent increase. The increase reflects the need for increased wastewater treatment capacity through build-out. Because of the availability of the IEUA wastewater treatment facilities, wastewater capacity is not a constraint on development. School Facilities Five school districts serve the City. As a result of the rapid growth prior to incorporation several of the local school districts have faced severe overcrowding. The present concern among the school districts continues to be the inability to finance construction of new school facilities in the post-Proposition 13 years. Under AB 2926 (1989), the State requires written certification regarding classroom availability prior to project approval. As an absolute policy,the City requires that school facilities shall be provided for each residential development. The Development Code states in part, "(t]he project includes school facilities or adequate school facilities exist which are or will be capable of accommodating students generated by this project." AB 2926 also regulates the collection of developer fees by the school districts under subdivision processing. When a legislation action,such as a General Plan Amendment, Specific Plan,or Development Agreement is City of Rancho Cucamonga HE-63 2013-2021 Housing Element—Revised Draft January 15,2014^.,w Ma'€, 27 2^" P181 requested, a condition may be added to require completed school facilities or provide in lieu fees. Although there has been a fee increase,State mandated fees produce insufficient revenue to buy land and build new schools. The timing of collection virtually guarantees that students will need classrooms before funds are available to build them. State authorized fee increases are not indexed to inflation and lag the general inflation rate. Two elementary school districts, i.e.,Cucamonga and Etiwanda, impose a per unit fee on new construction and one elementary school district, i.e., Etiwanda, utilizes a variety of measures that include both Mello-Roos and Community Facilities District bond financing for new schools. In general, schools in the City are at capacity or are experiencing declining enrollment. In terms of overall school capacity, a total of 6,920 new students have been added since 1999. Of the four elementary school districts, only the Etiwanda School District reports being below capacity, but only as a result of new school construction. Alta Loma School District has experienced a declining enrollment for the past few years and does not have plans for additional schools. Cucamonga School District has been experiencing declining enrollment. Central School District reports that they are experiencing a district wide decline in enrollment and do not anticipate adding any new facilities. As most of the vacant land available for residential development is located in the northeast section of the City, the Etiwanda School District has been and will continue to be the school district most impacted by future residential development. The ChaffeyJoint Union High School District added Rancho Cucamonga High School in 1993 and Los Osos High School in 2002. There are currently no plans for additional schools in the district as overall enrollment within the district is projected to gradually decline. Financing Options for Required Infrastructure Generally, the cost to extend urban infrastructure and services continues to serve as a constraint on development, including residential development. This is especially true in Rancho Cucamonga, which incorporated post-Proposition 13 where the City's share of the property tax is very low compared to surrounding cities. Other sources of funding for capital improvements and operating and maintenance costs are extremely limited. Tax increment financing for areas within the City's Redevelopment Area has provided some facilities, for example fire stations. Mello-Roos Community Facilities District (CFD) financing is an alternative. Through the Mello-Roos mechanism a property owner/developer can use bonded indebtedness to finance capital improvements needed for development. The new homeowners will be obligated to repay the bonds. One school district, i.e., Etiwanda, uses Mello-Roos bond financing in portions of their district. The City has supported two developer initiated CFD's. CFD 88-1 provided for the construction of a new fire station in the northeast area of the City. CFD 88-2 financed facilities to remove flood hazards required to protect the public's safety prior to development of three subdivisions located in the northeast area of the City. Based on the previous experiences, the City expressed several concerns about Mello-Roos financing. The total burden on any individual's property tax should not exceed 1.8 percent of assessed value. There is a potential for perceived inequity when one property owner pays 1.0 percent of assessed value and another property owner is obligated to pay 1.8 percent as a result of Mello-Roos obligations. As a result, the potential for an unintended increase in tax burden on homeowners may occur when the market absorption schedule exceeds the absorption rate. The City has supported the use of Mello-Roos financing for more expensive, low-density residential development. The Mello-Roos districts for schools impact all new housing and therefore have a potential impact on development of new affordable housing. Mello-Roos Community Facilities bonding is a potential constraint on housing. In general, lack of funding for capital improvements will remain as a potential constraint on future development. LOCAL PROCESSING AND PERMIT PROCEDURES City of Rancho Cucamonga HE-64 2013-2021 Housing Element—Revised Draft January 15,20140raft March 2' 2013 P182 Development permits typically must undergo a variety of City approval processes depending upon the scope and scale of a residential project. This includes routine development and design review approvals. Each of these stages is critical to ensuring quality residential projects that are consistent with City design goals and standards. This section focuses on the development approval processes required for different residential projects in Rancho Cucamonga. A summary table indicating the applicable approval process and timeline based on development type is shown below. Table HE-46: Development Review Timeline Development Permit Single-Family Home Condominium Apartments Development Review(2+Units) 3 to 5 Months 4 to 6 Months 4 to 6 Months Hillside Design Review 3 to 5 Months N/A N/A Tract or Parcel Map 3 to 5 Months 4 to 6 Months 4 to 6 Months Variance 1 to 2 Months 1 to 2 Months 1 to 2 Months General Plan and/or Development Code 3 to 5 Months 4 to 6 Months 4 to 6 Months Amendment(if required) Building Plan Check and Permit Issuance 1 to 2 Months 1 to 2 Months r 1 to 2 Months Cumulative Total of Standard 4 to 7 Months 5 to 8 Months 5 to 8 Months Residential Projects Source: Rancho Cucamonga Planning Department 2009. Development Review Process Rancho Cucamonga developed a standardized review process for each of the development permits noted above. In the typical development application, the applicant consults with planners at the public counter regarding development standards and design guidelines. The applicant then prepares a application submittal package consisting of site plans, grading plans, elevations, and floor plans; these plans are then submitted to the Planning Department as a formal development review application. Plans are then routed to different departments, i.e., Engineering, Building and Safety, Fire,and Police,for their review. The following week the application is scheduled for a Planning and Engineering staff meeting in which comments and issues are discussed by each reviewing department. The application is then determined to be either incomplete for further processing and a comment letter is sent outlining corrections and design issues,or is deemed complete. Following a completeness determination the application is scheduled for Committee review, i.e.,the Grading,Technical,and Design Review Committees. Once these Committees have approved the application it is forwarded to the Planning Commission for final action and adoption of environmental determinations,as applicable. Legislative actions,such as General Plan or Development Code Amendments, also require City Council review and approval. The applicant then submits working drawings to the Building and Safety Department to begin the building plan check process, which allows for 15 days for a first check and 10 days for a second check. The City has published a handbook titled "The Development Review Process" which is available at the public counter for applicants to review and obtain guidance on the City's review process and procedures. The purpose of the development review process is to encourage development that is compatible and harmonious with neighborhoods; foster sound design principles resulting in creative and imaginative solutions; utilize quality building design that avoids monotony; promote and maintain the public health, safety, general welfare; and implement General Plan policies that encourage the preservation and enhancement of the unique character of the City. The Planning Commission is responsible for the design review of new construction on vacant property; structural additions, reconstruction, or new buildings which are equal to 50 percent of the floor area of the existing on-site building(s), or have a minimum 10,000 square feet in size; and projects involving a substantial change or intensification of land use. The Development Code specifies that the design review applies to site plan configuration, architectural City of Rancho Cucamonga HE-6S 2013-2021 Housing Element—Revised Draft January 15,2014Braft-March-27,2013 P183 design,circulation and parking, and landscaping. The Design Review Committee reviews the application for conformance with City design guidelines and standards, and upon approval, forwards the project to the Planning Commission for final review and action. Before a design review approval is granted,the Planning Commission must meet the following findings: 1) That the proposed project is consistent with the General Plan; 2) That the proposed use is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; 3) That the proposed use is in compliance with each of the applicable provisions of the Development Code; and 4) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The City has prepared and adopted Design Guidelines for both Commercial/Industrial and Residential uses. These Design Guidelines are available at the public counter and online for applicants to better understand the City's design criteria and the quality expected by the Planning Commission. Residential Development Review Residential Development Review is required for the construction of all single-family units, condominium, and apartment projects. Development/--Design Review applications are typically filed concurrently with tract or parcel map applications,as required. The Planning Director has the authority to review and approve projects involving four or less single-family units. Projects of five or more units, condominiums,or apartments must be reviewed by the Design Review Committee and are forwarded to the Planning Commission for final action. Applications are reviewed for consistency with applicable development standards of the base district and the City's adopted design guidelines. Hillside Design Review Hillside Design Review is required for the construction of one or more units for property located within the Hillside Overlay District. This district requires additional development criteria with the intent of maintaining existing vegetation,slopes,and drainage patterns,and to limit the impact of grading activities. The Planning Director has the authority to review and approve Hillside Design Review applications provided the proposed project meets the following criteria: 1) Natural slopes which are 8 percent or greater but less than 15 percent on all or part of a subject site,or on less steep land which may be affected by areas of greater slope. 2) For fills or excavations equal to, or exceeding 3 feet, but less than 5 feet in vertical depth, at their deepest point measured from the natural ground surface. 3) For excavations or fills,or any combination thereof,equal to or exceeding 100 cubic yards,but less than 1,500 cubic yards. 4) Residential construction involving four or less dwelling units, such as custom homes, regardless of natural slope or the amount of fill or excavation. Hillside Design Review projects that exceed these criteria require review and approval by the Planning Commission. Tract or Parcel Maps Tract or parcel map applications are typically filed and processed concurrently with a Development/Design Review or Hillside Design Review application. These applications are evaluated based on the applicable development standards of the base zoning district,which typically includes minimum lot size, lot width, lot depth, and frontage width. A tract or parcel map processed concurrently with a Development Review application does not lengthen or increase the time period for staff to review the application. City of Rancho Cucamonga HE-66 2013-2021 Housing Element—Revised Draft January 15,2014Dra#March 27,2013 P184 Variance Variance applications are filed concurrently with Development/Design Review, Hillside Design Review, and tract or parcel map applications and request a deviation from applicable development standards. The Planning Commission has the authority to review and approve Variance requests at a public hearing. The Planning Commission must make the following findings in order to approve the Variance request: 1) That the strict and literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. 2) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. 3) That the strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. 4) That the granting of a Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. 5) That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. General Plan Amendment—Development District Amendment For very large residential projects, the applicant may propose a General Plan Amendment or Development District Amendment,e.g.,a zone change,particularly for housing units proposed on underutilized sites zoned for non-residential uses. In these cases,the timeframe for approval can be considerably longer. However, the City typically processes these applications concurrently with other discretionary applications in an effort to reduce approval timeframes. Building Plan Check and Permit Issuance Following the required appeal period for the approval of discretionary applications,applicants may submit for building plan check. The City makes a strong effort to review first plan checks within 15 days,and within 10 days for subsequent plan check submittals. The City utilizes a computer-based permit tracking system that allows applicants to check the status of their plan check applications on-line and obtain corrections when they become available from each reviewing department. REGULATORY CONCESSIONS The City utilizes a variety of planning tools to encourage and facilitate the development of affordable housing opportunities. These regulatory concessions are described below: Density Bonus The City's Affordable Housing Incentives/Density Bonus Provisions assist in the development of affordable housing opportunities in accordance with Government Code§65915-65918. These provisions allow a density bonus and other regulatory concessions to provide incentives for "the production of housing for very low income, lower income, moderate income, and senior households" to "facilitate the development of affordable housing" within the City. The provisions function by allowing a reduction in development standards in exchange for the development of affordable housing units. Based on the number of units provided and the percentage of those units designated for low, very low, and senior households, the applicant may request a density bonus and/or other regulatory concessions to facilitate the development. Regulatory concessions act as incentives,which can include reduced building setbacks, reduced open space, increased lot coverage, increased maximum building height, reduced on-site parking standards, reduced minimum building separation requirements,or other site or construction conditions applicable to residential development. However,the caveat regarding the density bonus is that the development incentive granted City of Rancho Cucamonga HE-67 2013-2021 Housing Element—Revised Draft January 15,2014^xzft�.o eh 227,20 3 P185 shall contribute significantly to the economic feasibility of providing the target units. When implemented the Density Bonus Provisions allow for an increased project density when site conditions would normally warrant a reduced project density. Depending on the number of units held for low or very low income households, the applicant may request up to three incentives and a density bonus. When properly implemented,a density bonus may increase the maximum allowable residential density of a project by up to 35 percent. Variance—Minor Exception Variance and Minor Exception procedures allow for a modification to development standards where unique property characteristics would create a hardship in complying with the Development Code. The characteristics must be unique to the property,and in general, not shared by other adjacent parcels. Minor Exception procedures allow the Planning Director to approve up to a 10 percent reduction in applicable development standards and a 25 percent reduction in parking. Variance procedures allow the Planning Commission to approve a modification to established development standards. Table HE-47: Regulatory Concessions Sample of Reductions in Standards Building Yards/ Lot Height)/ ApprevaI p Procedure Building Street Density Open Coverage ards/A Parking rp oving Space Density p Set Backs Frontage Authority Space Administrative Modification None Depends on requested concession City Bonus 35% 35% y Provision Council Up to Up to Up to None Planning Minor 10% 10% to�$% Up to 25% Mana eri3ir None None 10% g Exception increase increaseNe reduction Neese r3e reduction redact cctor Variance None Nerve Planning No Limit Commission Source: Rancho Cucamonga Planning Department MARKET CONSTRAINTS California Government Code§65583(a)(6)requires an "analysis of the potential and actual nongovernmental constraints upon the maintenance, improvement,or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction." ECONOMIC CLIMATE Regional economic conditions provide the overall context for housing development and availability. A strong period of regional economic growth followed by a significant drop in the housing market characterizes most of the reporting period. An analysis of the relationship of the economy to housing production indicates that a strong economic climate results in an increase in housing production. Beginning in 1996, new housing construction began to rise, not to the levels of the late 1980's, but steadily increasing. Housing prices for existing homes raised dramatically, interest rates dropped, thereby stimulating housing sales for new and existing homes. Housing construction remained strong through early 2006, and was then followed by a steady decline due to the sub-prime loan crisis, market saturation, high levels of foreclosure, and a severe economic recession. City of Rancho Cucamonga HE-68 2013-2021 Housing Element-Revised Draft January 15,2014Dra#t March 27,2013 P186 The American economy began to rebound following the Dot-com crash in 2000-2001. Since adoption of the 2000 Housing Element,the economy expanded and in the immediate region provided an increase in service, manufacturing, and construction jobs. Locally, Rancho Cucamonga's taxable retail sales continue to reach record levels in the City's history with 2004 generating$1.75 billion. This continues a string of record highs that goes back to the middle 1980's and includes those years(1991-1993)when Southern California was in a severe recession. The 2004 growth was a record $335 million (23.7 percent). This surge came about with the fourth quarter opening of Victoria Gardens, a local regional mall. The City's long term retail trade increase, in part, has been a result of the rising number of families in the City and their growing incomes,but also reflects the opening and expansion of various destination retail centers. In addition, Rancho Cucamonga has benefited from direct sales to consumers by several of the contractors, manufacturers and distributors that are located in the community. During the period from 2000-2004, Rancho Cucamonga's taxable sales nearly went from $1.16 billion to $1.75 billion, a $585 million gain or 50.3 percent. Much of this gain represents a true increase in trade volume since prices rose only 12.9 percent in this period. COST OF LAND In Rancho Cucamonga, residential land costs vary depending on the availability of land and the cost of grading and infrastructure(off-site improvements)associated with development of a proposed project. The price of land impacts the price of new homes and also residential resale price. The land speculation that occurred during the second half of the 1980's resulted in a significant inflationary trend on all home prices. The result was reduced housing affordability at all income levels. Along with the resurgence of the regional economy the dramatic growth in home sales has been accompanied by a surge to record high property values. The increase in property values corresponds directly to increases in the cost of obtaining new housing. The two biggest expenses in housing development are land costs and fees. Construction costs tend to correlate with the Consumer Price Index(CPI), and thus remain somewhat consistent. So while construction costs have increased along with the CPI,the cost of land has escalated to the largest item associated with the cost of housing. During the 1980's land speculation was heated and peaked in 1989. Speculation led to many foreclosures in the City's Sphere of Influence as well as to foreclosures in the City. For example, land in the City with an approved tentative tract map that sold during the 1980's for$100,000 an acre, resold after foreclosure for $20,000 an acre in 1994. In the early 1990's the price of land declined dramatically. The raw land price has increased substantially since 1994 as a result of the economic resurgence from the 1990's recession. With the resurging economy,land prices slowly rose to the pre-speculation levels. According to local developers, raw land costs in the City and surrounding region have increased over 100 percent since the mid 1990's. As land has become scarcer, the price for land has also increased. During the past 12 to 18 months, the City has experienced a fairly significant drop in the price of raw land. Between the period from 2003 to 2008 land prices increased dramatically and have reduced a significant amount as the availability to finance residential construction projects has decreased. Thus it can be seen that land speculation can act as a non-governmental constraint on housing as speculation, availability of financing, and land scarcity can greatly impact the price of land. COST OF CONSTRUCTION Construction cost depends on the price of materials,quality of construction,and finish detail. Construction costs have more or less paralleled the CPI from 1989 to the present. In general, the CPI has increased an average of 5.71 percent between 2000 and 2007,with a high of 8.6 percent in 2006 and a low of 4.9 percent in 2002. This compares with an average annual CPI of 3.02 percent between 1991 and 2000. Residential construction cost estimates established by the International Code Council in the Fall of 20122007 indicate average costs of labor and materials between $96.58 and $144.89 $86.73 and $126.78 for multi- City of Rancho Cucamonga HE-69 2013-2021 Housing Element—Revised Draft January 15,2014Oraft March 27,2013 P187 family, depending on type of construction. Single family residential costs range between $105.93 and $136.37 $94.99 and $120.93 per square foot, depending on type of construction. Construction costs may vary based on the type of material uses, location of development, structural features present, and other factors. Prevailing wages may also be an additional constraint on construction costs. In California, all public works projects must pay prevailing wages to all workers employed on the project. A public works project is any residential or commercial project that is funded through public funds, including Federally funded or assisted residential projects controlled or carried out by an awarding body. The prevailing wage rate is the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft,classification, or type of work within the locality and in the nearest labor market area. Twice a year, prevailing wage rates are determined by the director of the California Department of Industrial Relations (DIR). A prevailing wage ensures that the ability to get a public works contract is not based on paying lower wage rates than a competitor, and requires that all bidders use the same wage rates when bidding on a public works project. The DIR provides links to the current prevailing wages for a journeyman craft or classification for each county in California. Prevailing wages may constrain construction of affordable housing because they are often higher than normal wages. HOUSING DEMAND Another factor influencing the housing market is demand. Conventional methodology links demand directly to population increase. According to SCAG and the DOF,the regional population increased steadily during the period. New residential units authorized by building permits continued to grow through late 20122005. The improvingstg economy, diversified job market,and stock market profits have helped to strengthen the housing market of the region. Prior to 2006, the limited new housing coming to the market was aggravating the upward pressure on home prices and rents,making it increasingly difficult to afford homes in places relatively close to employment areas. Up to 1990, the population increased as families moved to California to work in an expanding job market. The situation changed dramatically in the early 1990's as families were leaving California to seek jobs in other market, as well as to seek lifestyle changes. During this time population increases was due primarily to natural increases (i.e., births exceeding deaths). SCAG predicts that through 2020, the State is projected to have the fastest rate of population growth. California's rapid growth will increase by approximately 40 percent as a result of both a high rate of natural increase and a high rate of immigration. The average annual birth rate for California is expected to be 20 births per 1,000 population, and the State is expected to attract more than one-third of the country's immigrants. Another factor in housing demand related to the economic downturn, is the likelihood that new household formations are being delayed and many existing households were doubling-up demonstrating a surprising elasticity in the housing market. There is also a corresponding increase in overcrowding and in homeless families. However, in many instances there appears to have been excess capacity in existing housing units sufficient to absorb extended families and non-related housemates. Elasticity in the housing market serves as a non-governmental constraint on housing production. AVAILABILITY OF FINANCING During the past few years, significant changes have occurred in the mortgage lending industry. Home mortgage rates of the late 1990's and early 2000's were very low with 30-year fixed rates as low as 5 percent. However, problems within the finance industry,the economic recession,and changes in the Federal lending rate have gradually made mortgages more difficult to obtain. A fixed rate 30-year non-jumbo loan for a new home currently carries interest rates of 3.6255.125 percent. Lower initial rates are available with"creative" City of Rancho Cucamonga HE-70 2013-2021 Housing Element—Revised Draft January 15,2014^""March 27,2013 P188 financing including Graduated Payment Mortgages (GPM's), Adjustable Rate Mortgages (ARM'S), Interest Only Mortgages, and Buy-Down Mortgages. However,ARM's of a few years ago have exercised significant increases that have drastically increased monthly mortgage payments, and thus jeopardizing homeowners and creating a high percentage of residential foreclosures. Therefore, lower income households will have difficulty qualifying for standard mortgages even if home prices drop to reasonable levels. Financing for both construction and long-term mortgages is generally available in Rancho Cucamonga subject to normal underwriting standards. However, a more critical impediment to homeownership involves both the affordability of the housing stock and the ability of potential buyers to fulfill down payment requirements. Typically,conventional home loans will require 10 to 20 percent of the sale price as a down payment, which is the largest constraint to first-time homebuyers. Residential Foreclosures Between 2000 and 2005,the availability of lower interest rates,"creative"financing,and predatory lending practices (e.g., extremely aggressive marketing, hidden fees, and negative amortization), many Rancho Cucamonga households purchased homes that,ultimately,were beyond their financial means. Many homes were purchased under the false assumption that refinancing options to a lower interest rate would be available and that home prices would continue to rise at double-digit rates. Many households were(and still are) unprepared for the potential hikes in interest rates,expiration of short-term fixed rates,and a decline in sales prices beginning in 2006. Many homeowners are suddenly faced with significantly inflated mortgage payments, and mortgage loans that are larger than the value of the home (i.e., commonly referred to as being"upside down"or"underwater"), many homeowners had no option but to resort to foreclosing their homes. Between July 1, 2007 and September 30, 2008 there were a total of 49,973 properties taken all the way through the foreclosure process in the MSA (this includes 20,366 properties in San Bernardino County and 29,607 properties in Riverside County). As estimated by DOF, this represents 3.42 percent of all housing units for the MSA(2.97 percent in San Bernardino County and 3.83 percent in Riverside County). With the implosion of the mortgage lending market, many households are having difficulty obtaining new mortgage loans or refinancing, even for above moderate income households. In November 2009,there were 1,805 homes in Rancho Cucamonga in the foreclosure process(including 707 in pre-foreclosure, 860 in auction,and 238 bank owned)and range in price from$51,000(a condominium)to over $1.8 million. This compares to March 2013, when there were 420 homes in the foreclosure process (including 172 in pre-foreclosure, 216 in auction, and 32 bank owned) and range in price from $80,656 (a condominium)to over$4.2 million. The high price of some of these homes facing foreclosure indicates that the impact of foreclosure extends not only to lower and moderate income households, but also to households with higher incomes. HOUSING FOR PERSONS WITH DISABILITIES Housing options for persons with disabilities are often limited. To ensure adequate housing for persons with disabilities State law requires cities to analyze constraints to the development, maintenance, and improvement of housing for people with disabilities; demonstrate efforts to remove governmental constraints; and include programs to accommodate people with disabilities. ALLOWABLE HOUSING TYPES Rancho Cucamonga complies with applicable State law requirements and permits Residential Care Facilities, serving six or fewer persons, to be located in all residential districts; while lar-ge-Residential Care Facilities, serving seven or more persons,are permitted in the teisLMedium to High residential districts,subject to the City of Rancho Cucamonga HE-71 2013-2021 Housing Element—Revised Draft January 15,2014i#att-March 27,2013 P189 approval of a Conditional Use Permit. There are no Development Code requirements establishing a maximum concentration of these facilities, nor are there separation requirements (other than those established by State law), nor parking, set back,or site planning requirements other than those that may be required of any typical single-family or multiple-family residence. The Development Code defines and clearly distinguishes between a Residential Care Facility,Convalescent Center, and Day Care Facilities. These uses are either permitted, or conditionally permitted, depending on the age of the person to be assisted, the level of assistance provided, the duration of assistance, and the number of persons assisted. The Rancho Cucamonga Development Code distinguishes transitional housing opportunities from other residential land uses,defines a family, but not a household,and does not distinguish between them. It does not regulate the number or relationships of occupants in a home, nor distinguish residential uses by the type of occupant or disability. In this manner, Rancho Cucamonga residents have the widest choice of where to live within the City regardless of their family size, disability, medical condition, or any other arbitrary grouping. However, the City will need to add one new category of housing as-a permitted use, this being •. REHABILITATION AND NEW CONSTRUCTION Rancho Cucamonga's housing stock is relatively young,as only roughly 28.42-9-4 percent of the housing stock was built prior to 1980 and 55.557.3 percent was built prior to 1990. As such,a large percentage of homes were built utilizing modern accessibility standards. However, in cases where rehabilitation is necessary,the City can allow a property to install accessibility improvements,such as,building a handicap ramp to allow for improved entrance to a single-family home. The Development Code currently permits projections into yards where decks, platforms, and landing places which do not exceed a height of 48 inches, which may project into a required front or corner side yard up to a maximum distance of six feet,and may project into any rear or side yard up to the property line. However, this standard is not established as an accessibility accommodation and does not allow for the installation of improvements where a greater projection in to a required building setback may be necessary. -- - . - •. ' -• . . _- - _ • •-•- -- '- -- •-• -- The City also makes Home Improvement Program funds,funded through the City's CDBG program,available for income eligible homeowners for accessibility improvements. PERMITTING PROCESS/REASONABLE ACCOMMODATIONS Both the Federal Fair Housing Act and the California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodations(i.e., modifications or exceptions)in their zoning and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. Reasonable modifications to structures,including both internal and external modifications,are administratively approved by the Building Official and Planning Director, or their designee, and only a building permit is required, no discretionary permitting process is involved, and there are no established formal procedures for addressing accommodations. -- -The 2012 Development Code Update included a program the establishment+ng of a-procedures for reasonable accommodations. The purpose is to gea+-ef - - . ' . _ - ' - _ . . - . : provide reasonable accommodations to explicitly allow for changes to land use, building codes,development code requirements(i.e.,setback reductions and parking requirements), and permitting processes to accommodate people with disabilities. Applications for reasonable accommodations are submitted to the Planning Department and approved through administrative action of the Planning Director. Applications for reasonable modifications require the applicant to identify that they are an individual with a disability, or is submitted on behalf of an individual City of Rancho Cucamonga HE-72 2013-2021 Housing Element—Revised Draft January 15,2014 27,2013 P190 with a disability, the identification of the specific exception or modification requested,documentation that the specific exception is necessary to provide the individual with a disability an equal opportunity to use and enjoy their residence, and any other necessary and appropriate information to approve the requested accommodation. The decision to approve a reasonable accommodation requires the making of specific findings related to the accommodation,the identification of consideration factors that determine whether the requested accommodation is necessary to provide the individual with a disability an equal opportunity to use and enjoy their residence, and whether a fundamental alteration to the nature of the City's zoning program is necessary. Through the end of 2013 the City has received and approved 2 requests for reasonable accommodations. City of Rancho Cucamonga HE-73 2013-2021 Housing Element-Revised Draft January 15,2014 4_.,w r larch- 20 3 P191 HOUSING RESOURCES Housing resources refer to the land, financial, and administrative resources that are available to meet Rancho Cucamonga's housing needs to mitigate the housing constraints identified in earlier sections of this Housing Element. This section provides an inventory, analysis, and assessment of the City's resources to address its housing needs, including the City's share of the Regional Housing Needs Assessment (RHNA). PROJECTED HOUSING NEEDS The RHNA is distributed by income category. The City of Rancho Cucamonga is allocated a RHNA construction goal of 1,282848 housing units for the 2006 20142014-2021 planning period. Of that total,the RHNA is divided into four household income groups based upon guidelines established by the State. Based upon these income thresholds and the current price of housing, this Housing Element assumes that the construction of single-family homes and condominiums are affordable to the above moderate income households. The housing units must accommodate the following affordability guidelines: • 317 209 units of housing affordable to extremely low/very low income households, • 216 141 units of housing affordable to low income households, • 245 158 units of housing affordable to moderate income households, and • 504-340 units of housing affordable to above moderate income households. The RHNA allocation of 317209 very low income units is inclusive of extremely low income units. Pursuant to State law (AB 2634), the City must project the number of extremely low income housing needs based on Census income distribution,or assume that 50 percent of the very low income households are extremely low income households. As demonstrated in the"Household Income Profile by Household Type"(Table HE-13), extremely low income households constitute 46.949-4 percent of the very low income group. Therefore,the City's RHNA of 317209 very low income units can be split between 1- .€98 extremely low income units (at 46.9/19A percent)and-16-1111 very low income units. However,for purposes of identifying adequate sites to accommodate the RHNA,State law does not mandate the separate accounting for the extremely low income category. In the 2008-2013 Housing Element, the City of Rancho Cucamonga identified sufficient selected sites to accommodate the lower income RHNA housing need. Because sufficient sites were identified and available for potential residential development at the default density of 30 units per acre the City does not have to carry over any unmet RHNA over from the previous RHNA cycle. CREDITS TOWARDS THE RHNA State law may allows local governments to obtain credits towards its RHNA housing goals by counting housing units constructed, building permits issued,and projects approved in the time between the start of the RHNA planning period and the submittal of a Housing Element. since January 1,2006. Between January• . ... .- - . . - -- - - • . There are no credits towards the RHNA under the development of this Housing Element update as the RHNA planning period begins on January 1, 2014, three months after the Housing Element submittal deadline of October 1, 2013. The City can realistically accommodate 5,866 net housing units through pending projects and its Vacant Uncommitted Residential Land Inventory and Mixed Use sites inventory. This capacity is more than adequate to accommodate the City's 2014-2021 RHNA of 848 units, and actually leaves the City with an excess capacity of 5,018 units. While the City does have a shortfall of sites for meeting its moderate income RHNA, the surplus of sites for lower income units more than makes up for this deficit. City of Rancho Cucamonga HE-74 2013-2021 Housing Element—Revised Draft January 15,2014Bfat#M.arc -',-20133 P192 Table HE-48:Adequacy of Sites in Meeting the RHNA Extremely Low Moderate Above Total Low/Very Low (51-8o%AMI) (81-120%AMI) Moderate (Below 50%AMI) (Over 120%AMI) RHNA 209 141 158 _ 340 848 Residential Capacity Pending Projects 0 0 3,271 3,271 (Table HE-501 Vacant 226 0 1,541 1,767 (Tables 49&51) Mixed Use 828 0 0 828 (Tables 53&541 Total Sites 1,054 0 4,812 5,866 Capacity Sites Capacity vs +704 -158 +4,472 +5,018 RHNA Source:City of Rancho Cucamonga income-Level Very-Low Lew Moderate Above dal Below-64P.4 5140%.40.44 84„.4.2.044., A444 ove,42.0444044 Construction 66 65 0 35 166 109 SS 59 2 225 19 2-1 0 0 40 Market Rate Units i-Family 0 0 0 896 896 0 0 0 1,122 1,122 } 194 444 69 2745.6 2,449 Conservation Monterey--Village 1S I5 0 0 30 Mountainside 1-5 4-3 0 0 30 38 138 0 0 60 Total-Bits 424 4-74 69 2,846 2,689 317 216 244 SO4 1,282 93 4-3 186 0 324 1 +Iding-:- .. . . .. --• - e-• .•• •. , , • -- - - - - .. .., e •- - units, 394 were held as affordable(194 very low income, 141 low income, and 59 moderate income units) include: •• .1.,:': . _ . - :: •- . • - , - - - - -. _ . I . . . • - • . • _. --• _ . . - -- _ , _ - _ - _ e- - ::•• - • : :: . -• • - - units for on site management. This project is located on the south side of Foothill Boulevard, west of City of Rancho Cucamonga HE-75 2013-2021 Housing Element—Revised Draft January 15,2014Draft"4aceR 2',201 P193 East Avenue. --- existing 117 unit apartment complex. One hundred percent of the units-within this complex are held as affordable. This project is located on the east side of Grove Avenue, north of 8"'Street. • - .e .- • e ' -• - _ •- . . • • . • - _ . _ • • --••-- - ' • •- - . ,, _ •_. -• _ . . • •_ _• - • _ _ -- - - - _ - _ _ _ • _ _ - -_ - . occupancy. The Affordability Agreements on these 60 units will run 99 years,to expire in 2106. Remaining RHNA - market rate and affordable housing units, and the consccvatien of existing market rate units. Specifically, • • _. •. _ _. .. _ •• _ -- • _ • __ mss. RESIDENTIAL SITES INVENTORY Government Code §65583(a)(3) and §65583.2 requires "an inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services for these sites". The availability of vacant residential land is the primary resource needed to meet the City's affordable housing needs. State law requires that jurisdictions demonstrate that the vacant land inventory is sufficient and adequate to accommodate that jurisdictions share of the regional housing need. Rancho Cucamonga is committed to identifying sufficient and adequate sites at appropriate densities to accommodate the City's remaining RHNA of 84832/1 housing units, including 508 housing units for the very-low, low-, and moderate-income households, and 340 housing units for above moderate income households. The Housing Element must identify those sites within the City that can accommodate the remaining RHNA. Potential development sites at adequate densities and appropriate development standards must be made available to accommodate these remaining units. Pursuant to State law, the default density of 30 units per acre is considered an adequate density to facilitate and encourage the development of lower income housing. City of Rancho Cucamonga HE-76 2013-2021 Housing Element—Revised Draft January 15,2014Dr ft Mzirch 27,2013 P194 METHODOLOGY The first step in identifying adequate sites is preparing an inventory of land suitable for residential development. Government Code §65583.2(a) provides that land suitable for residential development include 1) vacant sites zoned for residential use, 2) vacant sites zoned for non residential use that allows residential development,3)residentially zoned sites that are capable of being developed at a higher density, and 4) sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use. The second and third steps determine capacity and suitability of the land for affordable housing. These steps are summarized below: • Identification of Vacant Residential Land: The land inventory contains a listing of properties by unique identifier (a complete listing of vacant land is contained in Appendix B). Pursuant to State law requirements, this listing shows the size, general plan designation, and zoning of each property. The complete land inventory also includes a general description of any environmental or infrastructure constraints to the development of housing. Finally, a map shows the location of sites included in the inventory. • Demonstrating Capacity: This analysis determines the capacity of sites identified in the inventory and their ability to accommodate affordable housing. To determine capacity the City can rely on minimum density requirements adopted through local regulations or, if minimum densities do not exist, the Housing Element must describe the methodology used to establish the number of units. • Demonstrate Suitability of Zone: The analysis must demonstrate that the identified zone/densities encourage and facilitate the development of housing for lower income households. Examples include market demand and trends,financial feasibility,and information based on residential project experience. California Government Code §65583.2(c)(3)(b) establishes default density standards. If a city has adopted density standards that allow at least 30 dwelling units per acre, HCD is obligated to accept sites with those density standards as appropriate for accommodating housing affordable to lower income households. IDENTIFICATION OF VACANT RESIDENTIAL LAND As of January 1,20102013,approximately 425.4087949 acres of vacant,uncommitted residential land were available for development. This compares to approximately 879.891,747 acres that were available for development on January 1, 20002010. further, in order to create more opportunities for single family parcels. Figure HE-3: Vacant Uncommitted Residential Land City of Rancho Cucamonga H E-77 2013-2021 Housing Element-Revised Draft January 15,20149rafl- arc h-27,2013 P195 Vacant Parcels N MU -'.11 A MU 1 Illh pi.... ■�� 11 •••1h .. 1Mg mow! —p_ � :ftis I■ i— 11 : 7 I Ti 111 f . • i —J. i. e .7.,---• so' .11. 11 ,I•■" _ Mill] 11 �t:.. i 1,.._::iilal 1iu•• E: na. .1.-a■1111 i, . 1 "I■ 1 dal �' aal �' �I . -M11 1 -.7. ..7.7.• • i1 =.11 - .- r,-...1 :.. i■n . ',r se t_ -��..-; =F::1 . .`fb _ly , , R_.1■11_= . 1 �.,1_r •J'F4s :1■.' sAllllliil _'_ �11 1_i.ral _ -.1P1 -y. 1. '' -1,.- 1 i �:�►5/i 'T liiii■w �.��_II I,'y ...••. Via■ + 4 �:/i iiir a' Legend Ali ri,.m�_L - tt': '12. .';�s� ER WI Hr�.�., •• . il: .n/II a1 I I , Ya.,- . ig"msz..:- ! Vacant Parcels �:Ill;ii•t... !.'liat►�11_a{+.+ia�l-4.% I ��-�l Ti vac am •.:i..■11TrtJ ■2. U■ 7 a/V.,;. -] Parcels tly: :111%2 at,a�: r:-.;.;B • ime ti1mai g�'�� `-:•111::w f'1a,r" ' I'-hI • 0 0 5 1 2 • + _ or Miles • Lei tiLiii_<��]7• .141.1:1!1 "Iii I, Crowed/pi C+M W RC WS Gw•bl 0247720,3 City of Rancho Cucamonga HE-78 2013-2021 Housing Element-Revised Draft January 15,2014Dcaft March 27,2013 P196 Vacant Parcels N,__LijimINIIRE•ma, . allsin mum --- a... 111.193/111, ' I I -NI Fel A ... 1 i____. 1.„, Fula lamouz � - ■- 11162‘11 lc• it`d `4Ti1t1 '" , _ .f/^ 't'`i• 1,' a--S1--?-- Iry , .t o' r 1111111111.111I>e , -•.��.� si.' .1-Lei L ��=,9 C �. w I •a. IP i'rjP 9 15 Fitt._ . . :Ittl■ 1��'1 rI n�a 1 _.. N- !¢`!7` t� �r • .8, i P197 As of January 1, 2013, there were 3,271 residential units in the processing stream. This includes a total of 2,196 units that were either under staff review or had received Planning Commission approval and a total of 1,075 units that had received final map approval. At of January 1, 2010, there were 3,670 residential units in the processing stFeam. This-incl.udes a total of 1,774 units that were either under staff review or had received Planning Commission approval,but had not been issued building permits; resulting in 3,010 units in the processing stream count. Estimated Housing Units Available at Build-Out The total number of residential units at build-out is estimated to be between 62,24462,059 and 62 4816-246-2. This estimate is based on an analysis of existing units, units in the processing stream,and the Vacant Land Capacity Analysis. As of January 1, 28992012 there were 57,443557746 total dwelling units in the City and there were another 3,2713,010 units approved by the Planning Commission and awaiting construction. The Vacant Land Capacity Analysis indicates that existing zoning will support an additional 1,5302,621 to 1,7673,124 units. Table HE-50: Estimated Housing Units Available at Build-Out Units at 50%of Density Range Units at 75%of Density Range Existing at 1/1/20124/1/2000' 57,44342 09 57,443427209 Existing at 1/1/20092 13,507 13,507 Added-by-14/-20403 712 712 In Process as-ep1/1/20122040 to 3,2713,010 3,2713&19 12/31/201224 Vacant Land Capacity as of 1,5302,621 1,7673; 24 1/1/20132810 Total 62,24462449 62,48162462 Notes: 1. California Department of Finance Demographic Research Unit 23. Rancho Cucamonga Building and Safety record of permits issued for 1/1/201269 to 12/31/201299 and Planning Department-Tidemark Report. 35. Rancho Cucamonga Planning Department-Density range count obtained from Appendix C8. Source:City of Rancho Cucamonga Estimated Population at Build-Out As vacant land decreases, the rate of building is expected to decrease so that build-out will likely occur between 2020 and 2030. Based on the City's General Plan, the number of housing units at build-out will range between 62,24462,05x9 and 62,56262,562. At the current household size of 3.0093.222 persons this equals a population range between 187,29219-9,954 and 188,249201,574 persons. Applying a 3.953.02 percent vacancy factor would result in 59,78560,184 to 60,09060,672 occupied units. Applying the 3.0093.223 persons per unit occupancy rate, the build-out population would then range between 179,893193,912 and 180,810195,485 persons. City of Rancho Cucamonga HE-80 2013-2021 Housing Element-Revised Draft January 15,20149raf-Mace+-27,2013 P198 DEMONSTRATING CAPACITY With the exception of hillside areas, land suitable for affordable housing is generally available throughout the City,although because of land costs most of the uncommitted residential land in the Hillside Residential, Estate Residential, and Very Low Residential Districts will be unsuitable for affordable housing projects. OneTwe of the City's two planned communities, Tcrra Vista and Victoria, continues to supply vacant land suitable for a range of housing types. These two Terra Vista and Victoria planned communities have made a commitment where, upon the first sale or rental, 15 percent of the total number of units would be affordable to low- and moderate-income families. Primarily due to market conditions, Terra Vista had exceeded the terms of its commitment to provide a maximum of 1,218 affordable units by 1990. These units are dispersed throughout the planned communities to avoid over concentrations of low- and moderate- income families in any one area. In general, multi-family units are more affordable than single-family units. Approximately 28.039.511 acres of vacant land is available throughout the City in the multi-family density range of eight or more units per acres, Medium, Medium-High, and High residential districts; including 6.0617.71 acres in the High Residential District and 21.9421.83 acres in the Medium Residential District. Other land located throughout the City is available and suitable for the development of affordable housing within the Mixed Use District. Affordable units may be achieved through implementation of the City's Affordable Housing Incentive/Density Bonus Provisions, and in conjunction with the City's Senior Housing Overlay District, and through the RDA's The following analysis provides a parcel specific inventory of vacant residential sites suitable for accommodating the remaining RHNA need ante-of 508324 housing units; however, of this RHNA need only 226 housing units could be developed on vacant residentially zoned land and the balance of 282 housing units could be developed on Mixed Use zoned land as noted below. A more detailed analysis of the City's vacant residential land has been conducted and is provided in Appendix B. This analysis includes the Assessor's parcel number,site acreage,General Plan Designation and Land Use District,existing land use and Community Plan location,developable density,and realistic dwelling unit potential. Only those sites with the potential to address the RHNA balance are included in the inventory. The methodology used to determine the realistic development capacity of each of the sites listed below was through a combination of factors specific to each site including land use designations and the accompanying development standards, lot size, development trends and other land constraints applicable to the specific site. As such, very few sites can achieve the maximum densities allowable by their land use designations. Table HE-51: Demonstrating Capacity— Developable Vacant Residential Sites APN Size General Existing Land Du/Ac DU DU DU DU (Acres) Plan/ Use/ Potential Potential Potential Potential Land Community at 50% at 75% at 100% w/25% Use Plan Location Bonus 107742221 0.94 H1+1 vac-ar►t./Ter a 24 30 23 26 28 3-5 Vista 107742222 0:80 H74H Vacant/Terra 24-40 2-1 22 24 30 Vista 1077.42225 9.91 H/H Vacant/Tcrra 24-30 267 282 2-97 371 Vista Subtotal 11.65 313 338 349 436 22716110 5.00 H/H Vacant/Victoria 24-30 135 142 150 187 108958104 1.06 H/H Vacant/Victoria 24-30 28 30 31 39 Subtotal 646 363 17 184 246 Total 6.0617.71 163476 172683 181340 226664 Source: Rancho Cucamonga Planning Department City of Rancho Cucamonga HE-81 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P199 The Terra Vista area contains three vacant uncommitted pac-ccl otal+Rg 11.65 acres in the High Residential potential of the three parcels cot ld yield 313 dwelling units, eleveleped- t 27 dwelling units per acre under the City's Basic Development Standards and 349 dwelling units, developed at 30 dwelling units per acre . ' e: - e ::••-• • .. . . • -- • -• • . • -- - - - -. Vacant Parcels ` % N r=te A. 11., 404tt*\\ \\ 4:11%, , e74 F-ILA ..,� ` ill � I Tw / -- < ) 1 I Victoria Community Plan The Victoria area contains two vacant uncommitted parcels totaling 6.06 acres in the High Residential District. These parcels are located on the south side of Base Line Road,west of Victoria Park Lane. Land uses in the vicinity include residential uses to the north, south, and east, and commercial uses to the north and west. The development potential of the two parcels could yield 163 dwelling units,developed at 27 dwelling units per acre under the City's Basic Development Standards and 181 dwelling units, developed at 30 dwelling units per acre under the City's Optional Development Standards. Development of those parcels utilizing the City's Affordable Housing Incentives/Density Bonus Provisions could provide up to a 25 percent density bonus and provide up to 226 dwelling units. City of Rancho Cucamonga HE-82 2013-2021 Housing Element—Revised Draft January 15,2014' "Ma-cam�v cT'2',2013",20"", '^ 3 P200 Figure HE-4: Victoria Community Plan - High Residential District Development Potential Vacant Parcel` N i S■6p ..[ 1104 11/141411 It 1 wueo } H 1 .-1L1 LWOW 'z �_a Pm. Ca*.CareNIG DEMONSTRATING SUITABILITY OF ZONE The RDA Implementation Plan identified a lack of sufficient affordable housing to meet the needs of the City's low- and moderate-income families and established a goal to increase, improve, and maintain the supply of affordable housing. Although the RDAhasactively assisted with the development and preservation of affordable housing, the ongoing need for additional housing opportunities continues with the City's population growth. To meet this housing need the RDA previously partnered with several non-profit housing corporations to provide a mixture of affordable ownership and rental housing opportunities for income eligible households. As evidence of the City'sRDA's commitment to promote the availability and affordability of housing to meet the needs of the community, the RDA has assisted with the production of over 2,400 affordable units. The CityR-9A continues to provide,improve,and maintain the City's supply of affordable/workforce housing. This is done by leveraging opportunities with local non-profits, county, State, and Federal agencies-a+4 - . . . _ .._ _ • - . _. •-. _ . . .. . .. - . To further increase the supply of affordable housing, the CityRSA will maintain contacts with apartment complex owners to purchase • .. _ . . -.. ' _ . - - - •- - •• . . . ... • . - • _ and support them with appropriate incentives. With the shortage of available land for residential development remaining in the City due to the housing boom that occurred in 2000 to 2005, the CityAgency will also explore other options to• provide affordable family projects, .• •. . -- -- - - . • - - • - • - - - - - ' ' • - • - - Examples of recently assisted affordable housing projects includes: • Villaggio on Route 66-The RDA assisted in the development of this 166-unit project,with 131 units held as affordable. The 10.5 acre 166-unit site developed at a density of 15.75 dwelling units per acre. The RDA contributed $25.5 million towards the development of this $45.6 million dollar project. • San Sevaine Villas-The RDA assisted in the development of this 225-unit project,with 223 units held as affordable. The 12.87 acre 225-unit site developed at a density of 17.25 dwelling units per acre. The RDA contributed $40.7 million towards the development of this $51 million dollar project. City of Rancho Cucamonga HE-83 2013-2021 Housing Element—Revised Draft January 15,201 3 P201 Table HE-52: Affordable Housing Development Regulatory Concessions Project Concession Subject Revised Standard Villaggio Master Plan' Setback Reduction Reduce building setback from 55 to 47 feet Building Height Increase building height from 35 to 37 feet Wall Height Increase in wall height from 6 to 8 feet San Sevaine Villas Density Bonus Density Bonus A 25%density increase from 180 to 225 units (a 45 unit Agreement increase) Setback Reduction Reduce building to curb setback from 25 to 20 feet Setback Reduction Reduce building to property line setback from 30 to 20 feet Setback Reduction Reduce building separation from 40 to 20 feet between 3-story buildings and 30 to 17 feet between a 3-story building and to 2-story building 1. The RCMC allows that"existing development standards for each land use category...shall be the basis of standards for each category within a mixed use development plan,but they may be modified by the City during the Master Plan review process" Source: Rancho Cucamonga Planning Department The development of these affordable housing projects,and the regulatory concessions made,demonstrate the City's practice of assisting in the development of affordable housing and the suitability of available parcels. Considering the identifiedremaining RHNA housing needbalae,the availability of High Residential District land,and the recent regulatory concessions,the 6.0617.71 acres could be developed at a density of 18.3 dwelling units per acre, similar to the density of recently approved projects, thereby achieving a development potential of 110 the RHNA balance of 324 units. OTHER RESIDENTIAL DEVELOPMENT POTENTIAL Mixed Use District As part of the 2010 General Plan update the City is-proposing-to-designated additional-properties within the Mixed Use District along Foothill Boulevard, the City's major east-west corridor. These areas will provide opportunities for additional residential development at a density of 30 dwelling units per acre. Other Mixed Use districts were also establishedchanges arc also being considered, but at lower densities ranging from 14 to 27.75 dwelling units per acre. These three ear identified areas contain a total of 22.134.5 acres,which if developed at 30 units per acre could yield 6631,035 dwelling units. . Development of those parcels utilizing the City's Affordable Housing Incentives/Density Bonus Provisions could provide up to a 25 percent density bonus and provide up to 828 dwelling units. The identified parcels are situated along Foothill Boulevard,and have access to commercial services, medical services, community facilities, and employment opportunities. Additionally, these parcels provide opportunities for pedestrian friendly development,with convenient access to transportation,both public and private. Additional discussions of these properties can be found in Chapter 2: Managing Land Use, Community Design, and Historic Resources section of the General Plan. City of Rancho Cucamonga HE-84 2013-2021 Housing Element-Revised Draft January 15,20148saft Mar-eh-2-7,201.3 P202 Figure HE-5: Mixed Use Area 3-Residential Development Potential I v r ....„\..,,,N.\\\,/ �-. ® 1 \ /~ =_ +07742255 111111111 107742251 i� 227151" 9 IN. 1 i 1°"' 1 S7742252 I 101742241'I I\ ti 0 r- p Mad UN An= .� 1I mm_ I Mixed 1:ieAreas Note: 1) Mixed Use Area 3(Table LU-4)is located in Terra Vista on the north side of Foothill Boulevard. l-)1Refer to General Plan Figure LU-3,page LU-23,for information all 13 Mixed Use areas in the City. Table HE-53: Mixed Use Area 3 - Residential Development Potential APN Size General Existing Land Du/Ac DU DU (Acres) Plan/ Use/ Potential Potential Land Community at 100% w/25% Use Plan Location Bonus 22715169 6.5 MU/MU Vacant/Terra 30 195 243 Vista Total 6.5 195 243 Source:Rancho Cucamonga Planning Department City of Rancho Cucamonga HE-85 2013-2021 Housing Element—Revised Draft January 15,2014Dr4'Mprch 27,2013 P203 Figure HE-6: Mixed Use Areas 5 & 6– Residential Development Potential . � i — -- iii- 1 Mono � .: - -- 7. ..1 L 0....a ��� . \4 MI WI nil nn �� �� ! I ! 1 ! lII�' ICI � � ` ` ! 1 ! I 1 I I min n noun umie , I I I � I [ VII ■ ..n.. I . --o . - 1 ,i = I- - 1 1 — . . 1 , --- F Mixed Use Areas Notes: 1) Mixed Use Area S(Table LU-6)is located on the north side of Foothill Boulevard and Mixed Use Area 6(Table LU-7)is located on the South side of Foothill Boulevard. 2) Refer to General Plan Figure LU-3,page LU-23,for information all 13 Mixed Use areas in the City. Table HE-54: Mixed Use Areas 5 & 6–Residential Development Potential APN Size General Existing Land Du/Ac DU DU (Acres) Plan/ Use/ Potential Potential Land Community at 100% w/25% Use Plan Location Bonus 20814118 0.1 MU/MU Vacant/NA 30 3 3 20814119 0.1 MU/MU Commercial/NA 30 3 3 20814120 0.1 MU/MU Commercial/NA 30 3 3 20814121 0.3 MU/MU Commercial/NA 30 9 11 20814122 0.1 MU/MU Commercial/NA 30 3 3 20814123 0.1 MU/MU Vacant/NA 30 3 3 20814124 0.1 MU/MU Vacant/NA 30 3 3 20814125 0.1 MU/MU Commercial/NA 30 3 3 25814128 0.3 MU/MU Commercial/NA 30 9 11 20814129 6.8 MU/MU Residential/NA 30 204 255 20814130 0.3 MU/MU Residential/NA 30 9 11 20814131 0.3 MU/MU Residential/NA 30 9 11 20814139 0.2 MU/MU Residential/NA 30 6 7 20814140 0.2 MU/MU Residential/NA 30 6 7 20814141 0.7 MU/MU Residential/NA 30 21 26 20814142 0.3 MU/MU Commercial/NA 30 9 11 20815105 0.4 MU/MU Residential/NA 30 12 15 City of Rancho Cucamonga HE-86 2013-2021 Housing Element—Revised Draft January 15,2014^r4 March 27,90 3 P204 20815107 0.8 MU/MU Residential/NA 30 24 30 20815117 0.6 MU/MU Residential/NA 30 18 22 20815119 0.5 MU/MU Commercial/NA 30 15 18 20815124 1.1 MU/MU Residential/NA 30 33 41 20826155 1.9 MU/MU Commercial/NA 30 57 71 Total 15.6 468 585 Note:Due to rounding,the acreage total was used to calculate DU Potential. Source:Rancho Cucamonga Planning Department Location Acreage Density DU ential Terra Vista 6.5 30-du/ac 195 units - - .. a .: . .-- 4:3-7 30431-4/ac 411 units ._ ... - . . . . • . - 1,9 30-duia€ 57 units Street ._ - . . -• 12.4 30 du% 372 units Total 344 47036-u.niti ga Annexation Potential There are currently 6,054.48 acres of unincorporated territory within the City's Sphere-of-Influence. There are no current applications requesting annexation; however, there is .:: . • a -- • • •- • - 690 acres currently being processed, along with the potential to annex 1,100 acres over the next S-year planning period. The area is substantially vacant with a total of 21 existing units(4 in the City's Etiwanda North Specific Plan area and 17 in Section 14,the Snow Drop Road development area). Approximately 558.41 acres are suitable for residential development under the City's General Plan Hillside Residential land use designation. Based on a density of 1.29 units per acre, this area could support approximately 720 new residential units; however, substantially more units could be allowed under the County's current development standards. Because of hillside characteristics and distance from existing development, infrastructure costs for the area are considered to be extremely high. Therefore, the area is not generally suitable for affordable housing, whether developed in the City or in the County. FINANCIAL RESOURCES The ability of a City to provide affordable housing opportunities requires substantial public subsidies. The City of Rancho Cucamonga has access to a number of local, State, and Federal resources. The key funding sources are described below. REDEVELOPMENT AGENCY HOUSING SET-ASIDE State law previously requireds redevelopment agencies to set aside at least 20 percent of tax increment revenue for increasing and improving the community's supply of low- and moderate-income housing. A significant amount of funds were generated by tax increment for affordable housing and wasBetwee; , !!:, . . . - ! -, apps $49,8-34,22.7 will be generated by tax increment fer - •- • ! • • - -•- -- - -- pledged against several on-going obligations identified below.: - - , . - - - - , - ' . -. • - - •-• - - _ • •• • a In July 1996, the RDA approved the sale of tax allocation bonds to provide permanent financing for two community based non-profit organizations National CORE and NHDC. On September 1, 1996,Tax Allocation Bonds in the amount of$37.66 million were sold; proceeds of the bonds will be allocated in the following manner: City of Rancho Cucamonga HE-87 2013-2021 Housing Element—Revised Draft January 15,2014Bra#i-March 27,2013 P205 • A pledge agreement through the year 2025 was signed with National CORE where $3.9 million will be provided annually for debt services and project reserves. Beginning year in 6 of the pledge agreement,if the provision of Redevelopment Law that allows for the acquisition of existing units with Housing Set- Aside funds has been extended beyond its current sunset, this $790,000 of the annual pledge will be deposited into a "Future Project Reserves" fund for use in acquiring additional apartment complexes within the Project Area. If a program is not developed, the funds will be available for any RDA housing program. • A pledge agreement through the year 2025 was signed with NHDC where$1.5 million was paid to NHDC on June 30, 1996,and again on December 30, 1996. An additional$5 million in net bond proceeds were also paid to the NHDC. These bond proceeds will be used to complete a portion of the capital improvement plan for the Northtown neighborhood that includes continuing the development of infill housing on vacant lots,acquisition,and rehabilitation of existing absentee-owned housing. The annual pledge amount will be $1.4 million through the year 2025. COMMUNITY DEVELOPMENT BLOCK GRANT Community Development Block Grant (CDBG) funds are provided by the U.S. Department of Housing and Urban Development (HUD) and are based on a formula that considers census data, extent of poverty, and age of the housing stock. Based upon these criteria,the CDBG program allows local governments to utilize Federal funds to alleviate poverty and blight. The CDBG program provides funds for a wide range of community development activities, including the acquisition and/or disposition of property, public facilities and improvements, relocation, housing rehabilitation, homeownership assistance, and support to public services. In 2012,Tthe City of Rancho Cucamonga receiveds approximately$800,000 in CDBG entitlement funding,a decrease of approximately 27 percent over the past two years, and we anticipate a further reduction of funding in 2013 . The City's CDBG program provides funding for: 1) public improvements to lower income areas of the City, 2)the Home Improvement Program,which provides loans up to $30,000 and grants up to$7,500 to income eligible single-family and mobile home owners, 3) historic preservation, and 4) public service groups, including fair housing services. Section 8 Rental Assistance Section 8 is rental assistance provided to a household which bridges the gap between 30 percent of the household's gross monthly income and the fair market rent of a unit. Although this longstanding, Federally funded program is not expected to increase in size or scope, it remains an important affordable housing program by helping to balance a household's income and the cost of housing. Within Rancho Cucamonga, Section 8 assistance is administered by the San Bernardino County Housing Authority. Neighborhood Stabilization Program The Housing and Economic Recovery Act of 2008 (HERA) appropriated funds for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under HERA are considered CDBG funds and are implemented through the Neighborhood Stabilization Program (NSP). NSP funding was determined by a formula that considered statewide factors such as the number of loans that are: 1) in foreclosure, 2) subprime, 3) in default, and 4) 60 to 89 days delinquent, and then factored in local criteria such as 1) local foreclosure estimates, and 2) local vacancy rates. Based upon these criteria Rancho Cucamonga received a direct allocation of$2,133,397 in NSP funds. Rancho Cucamonga's NSP program provideds two activities to address the high number of foreclosed properties. This includes 1)an NSP Acquisition/Rehabilitation and Resale—First Time Homebuyer Program where the City acquires foreclosed properties and resells them to eligible families earning up to 120 percent of the AMI, and 2) an NSP Acquisition/Rehabilitation and Reuse—Affordable Housing Program where the City of Rancho Cucamonga HE-88 2013-2021 Housing Element—Revised Draft January 15,2014-Draft March 27,2013 P2O6 From July 2008 to June 2012,the CDBG funded Graffiti Removal activity removed 160,220 square feet of graffiti from designated target areas. REMOVAL OF GOVERNMENTAL CONSTRAINTS The removal of governmental constraints in order to encourage and facilitate the construction of housing units in the City is an important objective. There are multiple factors that affect the construction of housing units, including, but not limited to, land costs, infrastructure improvements,City fees, permit processing,etc. During the planning period, the City conducted a fee study to determine those fees necessary to carry out public services. The City of Rancho Cucamonga will continue to review and update fees and the methodology on which these fees are based in the next housing element planning period. In addition to City fees,the facilitation of development processing is another important program in the 2008 —2013 Housing Element planning period. During this period, the City has updated and revised its handouts and forms at the public counter and online to provide information about City standards and procedures. Furthermore, staff is encouraged to hold informal meetings with project proponents to discuss issues prior to submittal to facilitate a more streamlined review. The City of Rancho Cucamonga will continue to evaluate its development review process in the 2013 — 2021 Housing Element planning period. Goal HE-5:Where Possible,Eliminate Governmental Constraints. lead Target Completion Implementation Actions Status Agency Year Date Program HE-19: Housing for Persons with Planning 2011 Progress 2014 Special Needs The 2012 Development Code update addressed these items with the exception of the complete The City of Rancho Cucamonga recognizes the update of revisions applicable to emergency need for a wide range of housing options to shelters. This item is scheduled to be included in meet the varied needs of all segments of the the 2013 Development Code update. community, including seniors, persons with disabilities,female-headed households, large Evaluation households, homeless, students, and The 2012 Development Code update addressed farmworkers. To encourage and facilitate the these items with the exception of the complete development of housing for persons with update of revisions applicable to emergency special needs, the City will amend the shelters. . . - -- - - - - Development Code to address the following: .. :•n November 20 • Revise the definition of Residential Care 2013,the City Council approved a Development Facilities to distinguish between board and Code amendment relatingto emergency shelters care homes,sober living facilities,and housing to-so that they are permitted by right in the for homeless people, and specify the General Commercial(GC)land use district. permitting process, where such uses are permitted, and regulations to exercise Although the program included references to appropriate review within the parameters of occupancy limits of six or fewer persons for State law. transitional and supportive housing, the 2012 Development Code update did not include any • Amend the Development Code to permit reference to occupancy limitations. emergency shelters "by-right" (without a Conditional Use Permit (CUP) or other The City will continue to utilize CDBG funding to discretionary approval) in the General support a variety of nonprofit organizations that Commercial IGC)District subject to the same provide services for homeless people,and those development standards as other uses in the at risk of homelessness. same zone and provide management and operation allowed by SB 2. • Amend the Development Code to permit transitional and permanent supportive housing as a residential use in all residential land use districts and treat such uses in the same manner as residential uses in the same land use district. • Permit supportive housing facilities serving City of Rancho Cucamonga HE-89 2013-2021 Housing Element—Revised Draft January 15,20141)raft- afc#27,2013 P207 City acquires foreclosed properties and works with local non-profit housing assistance groups to establish housing opportunities for families earning less than 50 percent of the AMI. Rancho Cucamonga's grant agreement with HUD ran from March 5,2009 to March 5,2013. During that time Rancho Cucamonga achieved a 100 percent expenditure of grant funds in accordance with program guidelines. On November 27,2012 HUD published the"Notice of Neighborhood Stabilization Program;Close Out Requirements and Recapture" to address the further implementation of this program and the compliance with grant close out procedures. HOME INVESTMENT PARTNERSHIPS PROGRAM The HOME Investment Partnerships Program (HOME), similar to CDBG, is a formula-based block grant program funded through HUD. HOME funds are provided to eligible state and local governments for the creation of affordable housing opportunities for low-income families. HOME funds must be spent only on housing, and are intended to provide incentives for the acquisition, construction, and rehabilitation of affordable rental and home ownership properties. Rancho Cucamonga participates in the HOME Consortium administered by the County of San Bernardino Department of Community Development and Housing;the current 3-year cooperation agreement runs until September 20412014. Programs offered by the HOME Consortium include: • HOME Homeownership Assistance Program (HAP): A silent second trust deed program to assist low- income persons in becommingte-became homeowners. e ,, - - •-• . a - L • - • - _- - . - - - • . . - - rental subsidy. • - e -- - • - - a - • - . . - •_ - - ' - - • - - • • - - . - - - -. - - - .' - affordable rents for a specified time. • . . . • _ .. .::.. - - - . . . • _ .. - -• •- • ' - - • -- - - - - . _ • - _ ' - _ - - • .•• HOME Affordable Housing Development Loan (AHDL) Program: Provides gap financing to qualified individuals and organizations for new construction, acquisition, and/or rehabilitation of affordable housing. ADMINISTRATIVE RESOURCES The City of Rancho Cucamonga actively works with a number of nonprofit organizations to expand and preserve affordable housing in the City. The following nonprofit agencies are either actively providing or preserving affordable housing in the City or have expressed interest in working in San Bernardino County. These include: • National CORE: National CORE,located in Rancho Cucamonga, is one of the largest nonprofit affordable housing developers in Southern California. • Northtown Housing Development Corporation:The purpose of the organization is to establish,maintain, and operate housing units for low-income households in the Northtown Neighborhood of Rancho Cucamonga. • Workforce Homebuilders: Incorporated with the purpose of establishing, maintaining, and operating housing units for lower-income households. • LINC Housing: LINC Housing has built affordable homes throughout California and provides housing for people underserved by the marketplace. City of Rancho Cucamonga HE-89 2013-2021 Housing Element—Revised Draft January 15,201 P208 OPPORTUNITIES FOR ENERGY CONSERVATION California Government Code §65583(a)(8) requires "jamn analysis of opportunities for energy conservation with respect to residential development." Water Conservation In 2009, the City adopted a Water Efficient Landscaping Ordinance pursuant to State of California Government Code §65595 which regulates the efficient use of water resources. The Ordinance was incorporated into the Development Code as part of the 2012 Development Code update and requires projects to develop a water budget based on the total landscape area. The Water Efficient Landscape Ordinance applies to new construction and rehabilitated landscapes for public agency projects,private developers submitting projects with a total landscape area equal to or greater than 2,500 square feet,and homeowners submitting projects in excess of 5,000 square feet that require a building permit, plan check, or design review. ' . . ' - . ' - -- ' - - _. • -• . •- a .. --- Building Code Title 24 The City's Building and Safety and Development Codes are in compliance with Title 24 of the California Building Code, CalGreen, and the Rancho Cucamonga Green Building Code. The California Energy Commission has established and adopted energy improvement specifications for both single-family and multiple-family structures under four stories. These specifications require both active and passive energy features for all residential developments. As of January 1, 1993, the requirement for 1.6 gallon flush toilets was added to previous Title 24 requirements, such as the installation of ceiling insulation. Rancho Cucamonga's Building and Safety Department enforces State adopted Energy requirements for Climate Zone 10. requirement, and efficiency. conserving toilets, etc.). • ___• . . . - . .' - ---- ' - . . .. . - plc, the casting of shadows by vegetation, City of Rancho Cucamonga HE-90 2013-2021 Housing Element—Revised Draft January 15.201 4Draft""arch 27 2013 P209 round sunshine, the potential uses of solar energy are numerous. With proper building designs, this domestic use, swimming poels, and generating electricity. • building design. Because they tend to reduce the cost of Fwof#hly utility bills, they contribute to the Green Development The City's General plan outlines goals related to Sustainable Development, Green Building, Healthy Communities,Smart Growth, and Global Warming(AB32). As part of the 2012 Development Code update, the City implemented a Green Building Code to encourage developers to go above and beyond typical development practices by creating incentives for compact, mixed-use developments,encourage the use of alternative energy resources, promote alternative means of transportation, create incentives to reduce energy use, and facilitate low impact development techniques. The provisions outlined in the Green Building Code provide two levels of incentives available to developers that exceed the requirements outlined in the State of California CalGreen Building Code. The City has developed a Green Building Code Compliance Matrix (GBCCM) which implements a point system to determine whether projects are compliant with the Green Building Code and quantifies the level they have gone beyond the minimum requirement. Projects that achieve CalGreen Tier 1 or 100 points or more on the GBCCM (RC Green 100) are eligible for priority processing. Projects that achieve CalGreen Tier 2 or 200 points on the GBCCM (RC Green 200) are eligible for priority processing along with reductions in Development Code standards. These provisions encourage energy conservation in context of flexibility and creativity in residential building designs. Because they tend to reduce the cost of monthly utility bills,they also contribute to housing affordability. the City considered Now green do we want to be?" The Update reviewed-a broad range of green programs, develop policies to address these elements in the General Plan. Energy Efficiency and Conservation Block Grant Rancho Cucamonga received an Energy Efficiency and Conservation Block Grant(EECBG)allocation through the U.S. Department of Energy (DOE). The stated purposes of the EECBG program are to assist eligible entities in creating and implementing strategies to reduce fossil fuel emissions, reduce the total energy use, and improve energy efficiency. As part of the City's Energy Efficiency and Conservation Strategy(EECS)the City adopted two programs specifically designed to improve residential energy efficiency. These include a residential revolving loan program to encourage and fund energy saving projects for low income homeowners, providing funding to replace inefficient heaters, air conditioners, and water heaters, and a financial incentive program providing homeowners with a rebate for the installation of energy efficient City of Rancho Cucamonga HE-91 2013-2021 Housing Element-Revised Draft January 15,_20141)raft-Marc# 27,2013 P210 appliances and other mechanical and electrical equipment. The City spent all funding associated with the initial allocation in accordance with DOE grant procedures. The Revolving Loan activity will continue indefinitely and as loans are repaid,new loans will be made available to income eligible applicants.• . ' _ - . - . • - - • - -- - , - / - • - , •- . . - -- • -- . _ ' . - '' • . _• . - - _. _ -- - • • -- ' ' .. -- - _ - . . • - _ . __ - _ -- - •' _ - . -- - •• , . -- ... - -- • . . , !!- - • - . . • - , -. • . • - -••-• _ • . • _ - -- - •-•- • -- - _ ! •. • . a . e• • • • • . , • •- ..- - - • ! . . •. . _ - - • - . - -- - •- • ! • - - - - e - . -. ... . --• !!• . • • . 9: - - - - _ a . -- _ - - . , • . • :! . - - •- - . .' - . - - - . •• _. - - _ •- •=- -•- • --• ' , -• _ a _ -. . • . . ,. figure HE 6: Planning Arcs:, III Ili City of Rancho Cucamonga HE-92 2013-2021 Housing Element-Revised Draft January 15,2014D:a`t:."arch 27,2013 P211 .4.. SiraLinikA11/1,1firiNIN Plat irilifiniallial0444•11 -' affill sie sEd-Aivan ILIA erragailIME 4 p r111111 iamai i1I ? R E --4 i. �:— w _ \; tR nRc fam i! i1 n \\\ •a t �" N III LMw1�J _ _E..„ - f'. :•.'•• • Ellen_i91".EL--ar �s..%.� Housing Production Plan Ir pr���n111I1�'N'�1 I;I ;,/,'.r i/i/•.7/. /. Planning Areas Map -' r ryl_E11 �� s ,/./,:/ i V I %// 0 cbea. , Ilia .�;�� ■.. ;i....,.///�//�v� , imis %C'%///;iii: Ei i ,,,/r �//i i i� 4 A. ,,.•Agency Bourvfory IYL/:a:/_.Y. aces;. 7 /%��/i'Zie__, 1 ',, .4 sb..0 *//1 /2/'// %7''" 4 Trn NA.Plr.rd CanmiNy l �%j///../f''.' /%/ II../ , , Victors PYwsd Cartunndy 25,000- 20,280 20,000 18,957 15,000- -- - 13,181 12,099 11,893 10,000- - 7,064 7,064 7,6;4 7,064 5,000 6,602 . 862 862 862 A e A 0 , , 2008 2013 2019 -0-Total Units - -Total MFR Units -i1-Total SFR Units a New MFR Units New SFR Units City of Rancho Cucamonga HE-93 2013-2021 Housing Element-Revised Draft January 15,2014Draft March 27,2013 P212 • - • • - - • - __ - - - . - . e _ -• • •- units developed by public or private entities ... shall be ... affordable". Typically, a redevelopment agency does not build units. The Rancho Cucamonga RDA decs net plan to belle -• , e •- - -- - - Table HE 53: Housing Production Requirement December 23, 1984 te-Aegust � Verb-Low low.0Red* total 12/23/81 6/30/91 557 835 1,392 7/1/91 6/30/94 aA 30 50 7/1/94 6/30/99 107 160 267 Subtotal 14 21/4i 6/30/99 684 1 025 1409 41499-6/-30/09 26.6 400 666 7/1/09 6/30/19 2.66 400 667 632 808 3333 6 47826 3,042 Source: RDA 3500 3.042 3000 2,579 2500 2,405 2,231 2,055 1,882 2000 1,825 Units 1,709 1,575 1,549 1,442 1,444 1500 1,339 1,233 1,216 1,080 1,129 1,025 1,030 1000 945 892 961 L 822 720 684 753 577 630 500 " 432 288 144 0 1982 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 2015 2018 Years t Very Low t Low/Moderate t Total Units City of Rancho Cucamonga HE-94 2013-2021 Housing Element—Revised Draft January 15.2014Draft-tvJana}-27;2013 P213 As of January 1, 2010, a total of 2,424 restricted, affordable units have been provided to meet the RDA's e - 4 . . - • -•- - - -- -_- - _•- The RDA's affordability targets have been refined as a result of a legal-settlement between the RDA and the Western Center for Law and Poverty; State requirements are less restrictive than the settlement targets. while the RDA's settlement targets those at or below 90 percent of the AMI. State categories are divided into "Very Low" (below 50 of the AMI), "Low" (50 percent 80 percent of the AMI), "Moderate" (80 percent 120 percent of the AMI), and "Above Moderate" (above 120 percent of the (below 35 percent of the AMI), "Level II" (36 percent 45 percent of the AMI), "Level III" (46 percent • , -• _ - - • ,, : ' " : -- -• •e . -- _ •- 4 ,4 - •- • 9 • - _ - - - -- - - 100 units of housing, 17 must be for Level I households, 34 for Level H households, 34 for Level III r Level IV households. - - •: - - - • -- _ - - • --- - - , ! - , •- - ._• _ e 3500-- - 3,042 3000 2500 2,232 2000— - Units 1.709 1,825 1500 1,441 1,216 1000 500 319 101 0 1982 1985 1988 1991 1994 1997 2000 2003 2006 2009 2012 2015 2018 Years t Very Low Units t Low/Moderate Units —.I—Total Unit Development • • e • , , • • • resources. City of Rancho Cucamonga HE-95 2013-2021 Housing Element—Revised Draft January 15,20140raft March 27,2013 P214 - - - a. a •- .. - .• - • - - - • - - a 2008 2009 $19,834,227 2009 2010 2010-2044 $20,,800,000 2011 2012 $20,000,000 2012 2013 $28,000,000 Total $992 Source: RDA ! • ! . - - - - . . - -- Table Hi CC: RDA I .d Bank rat7rc ��-r,vrrza i v va i rt Site No, Armes Zone 94.115-€ %-af (Numbers refer to Range' elow} ° 1 13.78 LM(4 8 du/ac) 13-7 54 22 1 '04 H(24 30 du/ac) 489 1.95 Total 26,82 646 249 2 9 of r nge;,rckudes: .. •-- . .. - . - - . . kerty� So 4, .•4... a- • • • City of Rancho Cucamonga HE-96 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P215 Ak_t__ 72. . liellikie 567:4. .44- "A- ,..., iL''i711115_ ■ .._ �7.'!a._ �' n. 3 naloonindowit== "'■l� ��.��s -Irr std 4 II" Or -Maoism gni iY i �I�I�II A use �'♦Ilnnlm am���I_a�; �TJIM�YI:7�iCt"�ns ����T��_ °7t����� :/II _MI mi4imnt2..Jr illpa1 It 1- 1 n -��m7 Cti=�i3 _��� �/i11__ ice!-J�Ci71h�i zi J/ ,`` \�`:: +�.,,:.\,', s.. �h�.' ,/ili ;nr ��"' v ishirrarimi ' :�' \\�`.. .•.riii - elm� •- � iRaar'. ••.•.-. ■ �\�: ,r\� .`:'-�,_e111 rA•�17F7 JitR IE mi YIi 1 a1Ge a MIBR yt Y;�; n . � 1N 1 : �.1 11. F m 4 4= ?s-. npi /// "`111 lA_ ■� .i. �� . . \�.�%,� RDA Land Bank Location Map lb- 011.11117'11111-. /. .//7..'/ �,rte. 7� ' I�IM ill"W//////•%,,%:/ \�; /// Q C Bann FillgE.//1�j///%7�i/ ¶%�/- / /,// /j .��/ "GI RDALand Bartle Location Wi . // /////%///./ �j'// Sheath ��///%%////J!! i_/.//////////////l// // //i//// \// / _�� �./77/. ./t://� // j / j/ Industrial Districts . ////1.I'•/.• //% / /'I', / � Tern Vista Planned Community yll /=J////' 'f /i//. /.�/�/•✓i% / ZS ViCtaie Planned Community City of Rancho Cucamonga HE-97 I 2013-2021 Housing Element-Revised Draft January 15,2014Droft March 27,2013 P216 Table HE 56: RDA Vacant Land Resources Site No. Vacant Z-Doe Dkl-Poteotial DU-Potential DU Potential DU-Potential Acreage by at 50% @,..6,2444, at-759,4 at 125% Pagoel 1 16.64 14444-8-40/-ac--) 99 108 1-16 166 _ 2 11.65 H (24 30 du/ac) 313 323 330 436 3 13.78 L4444-8-41411-ae) 82 89 96 137 4 6,06 H (24 30 du/ac) 163 1-68 172 227 Total 4449 657 648 44 966 1. Site NuFribers refer to figure HE 11:RDA Vacant Land Resotoces-Map, Figure HE 11: RDA Vacant Land Resources Map 11 doll 10' IlleifniNe ikr 0 :1501P-0.„,, - rbarT li. l■ cliiii•Ne. he= Irrl C.. ZI m.1 m 1 Plairatil i s tr",/tw e.-- A 1,0&te is jersw arrf FATOPIPIIININAllatiMEM11 rer AVIA &fat ■:( NMI 'MEW AIMEE 1=Litat.....1.0101.12081111.1 in 114.11_AIM almW1111. ffiglailini • ritilairl *III rielfilffihmillitill iillimminiinoral, .4_ ,rt-xeSIVIRedrai-M" 5,- 1 ,- 1 tr wz_t_... _ wwilar....;..- w.41 ....,„,,,,■,._._ . _ jiiiiiiiiMffurizilm—URRIIIIMn 11111mte.. _ ..t.......--- 11r1111_111poia••1 ,...P..ze. ILP=riii1iI.M715,.07111"I I1. F F11I11 SEi::Miql I aNiniIil I MrI=IEiE riV re.,ai-rfini..tI rr.,,,,.•-,,„'•.'.:.-:..:.„.,•:•L•s,`■.'•'0-.A.„,.,,•'.w.s•2•-.•,•..?'..•':•--.'.&W.NNo':.N!.;.!;o.:;0,:_-;,.••.•'-.•..‘.:-."...es,.::-',,1 I1, 1_E 1 ail V: ' & a) 11 a:Ea=... aMO , ffrOri !== j y '• N I A 1 r' A it 6 pi 11141111C15, .111,-14.107inlrifijel Q el ii: 11";A0014 -411111111,4A.41:1 Wti :"at IV .40:144.1 riipimellj71611E:,,,,,,i stAL:i7 Alb 11;‘, Housing Production Plan 6'6- di • 17:■l //, ,, i:lllllllllllllll ei , ,;:: ../ :„.. ;;,: - .... :,.7, .4. Vacant Land Resources ....T... .. ,_ City Boundary hfri 4rel al a., =.*. _il M.,F .:8:•././/o / /111/.//11V Z Pli Brarv7 /- •.';imivr-= '07 Y // ,f/:V./ Q Redevelopment Apencty Boundary ,4,....,„,,„• --......-ft.. ;. a://7; .HPP Vacant Land Resotrces 4Z--- ' W1' M , % ; '? 7•W y% 7 gi 7 /M//' / , /%//•/ ,'/ /".// • ;tt•;' ,/,2,/l/•4/// %"/ /li,/' - 1 Z.; i ....., /444/Z',f./, / ■//A,: / a//. a Industrial Dretncts 03 Terra Vista Planned Commis-0y Victoria Planned Community LEGAL---REOLAREME-NTS State Mandates • - • !! • •. .::: -: . •. •• :- z :: • •- . -: : :: . •• -: . -: : . - . . : : •: . - - : . - •: .. - -- -• .-: •- 'It •' : :: . •• : : •• : - • • - . - - •• - -• -lll: l: .• •. '' • :: .-• • • :.:- :- : . - : • •:• •: : z •• : . • . - -•. •:. - . ' :: . •• :- • • Housing Plan section of this Housing Element. City of Rancho Cucamonga HE-98 1 2013-2021 Housing Element-Revised Draft January 15,2014Dfaft-M-afc4 27,2013 P217 provides that one of the fundamental purposes of redevelopment i6 to iner-ase and improve the different but interrelated requirements imposed on a redevelopment agency. These three Fcquiremcnts • t • - - - - ! : -- • - . : - : : : : •- • - . . .. . . • . - • • . • " • •-•- - - : • : . : of a redevelopment project ... the agency shall, wl hifJ four years of the -destruction or removal, . • . . . . - • - "• e : -• _ : • •. . . . : _ • - . . • • _ •. -- e e .. - removed units. • - - • . • - . _, • • - . . - _ - • • . . - . .• . Implementation rule as provided for in §33413(a). The replacement housing plan shall if ekxle: (1)the General location of housing to be rehabilitated, developed, or constructed (2) an adequate means of financing such planned for construction or rehabilitation, and (5) the timetable for meeting the plan's relocation, City of Rancho Cucamonga HE-99 2013-2021 Housing Element—Revised Draft January 15,201 DFaft ,larch 27,2013 P218 January 1, 1977, implementation date expressed in §33334.5, §334-134) imposes the Replac^m n-t and • -- •- - - - - -- - -- • -• •-- - - • - - . . , • _. - -. . 51. - •• • •-• -- • . . , • • . • . • . .t . - - • - term of the RDA; the 40 year term of the RDA ends in 2027. imp replacement guidelines to meet the requirement under Health-an Safety Code §33413, and as stated in - . ! •- • l ,' • • _ • - . • ! _•-. - - .. - - • - •• • - .' -- - .- - - - -• - -. • - -- - - Health and Safety Code§33413(c)requires that replacement and product-ion-units shall remain available at• -_ • • • •- -. • - - - • -- ! • • - - - -- remain affordable for the longest feasible time,but for not less than 55 years for rental units, 45 years for • ••-- - . . .- • . • - • - - - - - - - - - ---- -- C i t y of Rancho Cucamonga HE-100 2013-2021 Housing Element-Revised Draft January 15,201 3 P219 Mewed bylaw' . 30 years. station • - . .. • - - available at affordable housing cost to, and occupied by, very low income households. .. . . - . . •• . . _ - . .. . .. . . - . - - -... -. • - .. - • - . -- • - . _• . . - - . • . . - . •_. -• - - . • ••-- implementation This HPP shall establish a five year schedule for meetin-g he State mandated Housing Production Requirements. housing clement cycle or the plan implementation cycle." . .. _ . -• ' - _ -- -.n the agency. The Plan shall also include estimates of the number-ef City of Rancho Cucamonga HE-101 2013-2021 Housing Element—Revised Draft January 15,201 27,2013 P220 • - • •- - - - _--_ .- .. • . . • -- _-..- . - . .. Implementation - - • r . . - • - - . _ • . • -•. - - - _- - .._• . Provide housing opportunities that meet the needs of oil economic segments of the groups:. RDA's 20 Percent Set Aside Fund (consistent with provisions of the Western Center for Law & Poverty Agreement). • -- . . _ . . • _. - __ -• _ .. . minimum term of at least 30 years. of the City. City of Rancho Cucamonga HE-102 2013-2021 Housing Element—Revised Draft January 15,20148faft-Mar-Mar -27- O13 P221 • . . - : . - • - •- : - : - . -• _ • - . • , - . -• . • :. • - - - --•- - •- • " - •- - -•- e - -• . utilize the latest MSA median income published by HUD. -•• • • • - • S , Level I: Families earning less than 35 percent of the AMI. Level II: Families earning less than 36 percent and 4-5 percent of the AMI. Level III: Families earning less than 46 percent and 60 percent of the AM!. Level IV: Families earning less than 61 percent and 90 percent of the AMI. • - -• - • • - • . . •• : - - . . • - - - -. - • - . ,, • One nalf for remainder(divided erre thir4 fer incomes between 46 percent and 60 percent of the AMI•• - - - . . - - - -• - . - _ . . !! - • -- • •• - - - - •• . • •• .. - - • - - -I - • - . . . •. • -• , _ -• . • - -- _ •- -- . irks+ . . - . - : _ - . - • .- . . - - -. - -- - - -- : _. • . - . _ : •• - •- or less of the AMI. Consistent with the City's General Plan,the RDA shall observe the scattered sites policy City of Rancho Cucamonga HE-103 2013-2021 Housing Element-Revised Draft January 15,2014 8r-a/1-.a,th eceh-27 2 " P222 HOUSING PLAN The previous sections of this Housing Element provided an assessment of the City's housing needs, an assessment of constraints to the development of housing, and an inventory of housing resources. This section establishes the City of Rancho Cucamonga's strategy for addressing the housing needs and mitigating constraints with available resources. GOAL, OBJECTIVES, POLICIES,AND PROGRAMS Overarching Housing Element Goal: Provide opportunities and incentives for the provision of a variety of housing types for all economic segments wishing to reside in the community regardless of race,religion,sex, or income group. Adequate Housing Sites Goal HE-I: Allow and create new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units, and provide sufficient numbers of dwelling units to accommodate expected new household formations. Objective HE-1.1: Ensure a wide range of housing alternatives and enable the City to achieve its share of the RHNA through the utilization of land use distribution and development standards to encourage a mix of housing types, including mobile homes and apartments, within a variety of price ranges. Policy HE-1.1.1: Provide opportunities for a variety of housing types through implementation of the Land Use Plan, Development District Map, and Community Plans. Reliey#E 1:1. : •- '- •- •• --- - . • . -- •- - .. ..- _ - . . • • - •• - . •• . Policy HE-1.1.23: Discourage the conversion of existing mobile home parks to other uses. Policy HE-1.1.34: Maintain and administer a condominium conversion ordinance. Program HE-1: Inventory of Residential Sites The City will maintain an inventory of vacant residentially zoned sites at appropriate densities and development standards to accommodate the 2013 Regional Housing Needs Allocation of 8481,282 units. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • Monitor the sites inventory annually to assess the City's continued ability to facilitate a range of residential housing types. • Provide an inventory of vacant residentially zoned properties to interested affordable housing developers after adoption of the Housing Element. Annually update the listing to promote the continued availability and marketability of the identified properties. • . • - . . .. - - - •-- . - - - -- City of Rancho Cucamonga HE-104 2013-2021 Housing Element—Revised Draft January 15,2014 ,2013 P223 requirement that is not imposed on a conventional single family dwelling in the same zone. The amend its Development Code to bring current codes up to date. Funding Source: General Fund . . . - . .. -. zones, where such housing can be permitted. • Prepare design guidelines for mobile homes and manufactured housing to ensure quality develo p men-t. Program HE-23: Mobile Home Park Conservation This program discourages the conversion of existing mobile home parks to other uses, consistent with Government Code §65863.7, in order to maintain a valuable source of affordable housing. Mobile home parks are permitted in all residential districts, subject to approval of a Conditional Use Permit. Eight mobile home parks are located in the City providing 1,380 mobile home units. Although the City has not enacted a Mobile Home Conversion Ordinance, the City promotes the conservation of Mobile Home Parks. Funding Source: General Fund Responsible Agency: Planning Department/Building and Safety Department Timeframe and Objectives: • Continue to encourage the conservation of mobile home parks and discourage the conversion of mobile home parks to other uses in order to maintain a valuable source of affordable housing. • Continue to promote the conservation of mobile home parks through implementation of the Mobile Home Accord(Program HE-9)that serves as a rent stabilization agreement between the City and mobile home park owners, implementation of the Mobile Home Rental Assistance Program (Program HE-10)that provides a monthly rental subsidy to low income mobile home households, and through the Building and Safety Departments enforcement of Title 24 as it applies to mobile homes to ensure mobile homes meet applicable building code requirements. Program HE-34: Condominium Conversion Multi-family units make up approximately 3032 percent of the housing stock;consequently, the City has a somewhat limited supply of apartment rentals. As a means of preserving the City's rental housing stock,the Condominium Conversion Ordinance regulates the conversion of apartments to condominiums, but establishes a maximum annual limit, defined as no more than one-half the number of multi-family rental dwellings added to the City's housing stock during the preceding year,for the number of multi-family rental units that may be converted to ownership type. Funding Source: CDBG Responsible Agency: Planning Department Timeframe and Objectives: • Ensure compliance with the City's Condominium Conversion Ordinance. • Annually monitor the rate of conversion to determine if modifications to the ordinance are needed to maintain a healthy rental housing market. Program HE-45: Mixed Use District As part of the General Plan update the City designated additional properties within the Mixed Use District City of Rancho Cucamonga HE-105 2013-2021 Housing Element—Revised Draft January 15,201443raft-Mace0-27,2013 P224 along Foothill Boulevard, the City's major east-west corridor. These Mixed Use land use designations became effective with the May 19, 2010 adoption of the Rancho Cucamonga General Plan Update. These areas will provide opportunities for additional residential development at densities up to 30 dwelling units per acre and have access to commercial services, medical services, community facilities, and employment opportunities. Additionally,these parcels provide opportunities for pedestrian friendly development,with convenient access to transportation, both public and private. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • Utilize the Mixed Use District to provide development standards ranging from 14 to 30 dwelling units per acre. .- __ .-. _: • • .. . . . • • . .. .. . . . . - .- • - . - -- • -.. • - ! . . •-- .. . •-- . _ - . . .• - • • ,, . - • Utilize appropriate development standards to achieve 30 units per acre on the four identified Mixed Use District properties, potentially achieving 1,035 dwelling units on 34.5 acres of land.•. - • -- - .. .. - . - - -- - - redevelopment p et Affordable Housing Goal HE-2: Provide housing opportunities that meet the needs of all economic segments of the community including very low, low-, and moderate-income households and special needs groups. Objective HE-2.1: Protect and expand the range of housing opportunities available by location, price,and tenure to low-and moderate-income households. Policy HE-2.1.1: Offer Development Agreements to provide incentives for the development of senior and/or family affordable multi-family rental units. .. - •. - . . - . ,, Policy HE-2.1.23: Implement the Affordable Housing Incentives/Density Bonus Provisions with for profit and non-profit developers to provide affordable housing opportunities. Policy HE-2.1.34: Encouraging use of Federal rental assistance programs to assist lower income households and support the Housing Authority of the County of San Bernardino(HACSB) applications for additional vouchers to meet the needs of low-income households. Policy HE-2.1.45: Support the Mobile Home Park Accord voluntary rent stabilization as a means of keeping rents at reasonable levels. • -- .. • • -- . •- - and Poverty settlement agreement. Objective HE-2.2: Promote efforts to define both the size and composition of the homeless population in order to assess existing and future needs, and support a multi-jurisdictional City of Rancho Cucamonga HE-106 2013-2021 Housing Element-Revised Draft January 15,20140raft March 27,2013 P225 comprehensive approach toward addressing those needs. Policy HE-2.2.1: Conduct an annual survey of area non-profit service providers in order to determine the homeless needs within the City. Objective HE-2.3: Assist providers of temporary emergency shelter and transitional housing opportunities. Policy HE-2.3.1: Assist the efforts of local organizations and community groups to provide temporary emergency shelters, transitional housing opportunities, and services to the City's homeless population. Policy HE-2.3.2: Participate with adjacent communities toward the provision of a sub-regional shelter program and encourage the County to develop a comprehensive homeless program. Objective HE-2.4: Recognize the unique characteristics of elderly and handicapped households and address their special needs. Policy HE-2.4.1: Continue to allow for the establishment of second units on single-family residential lots to provide additional housing opportunities pursuant to State law and established zoning regulations. Policy HE-2.4.2: Enforce and regulate the disabled accessibility and adaptability standards contained in Title 24 of the California and Uniform Building Codes as they apply to apartments, condominium, and townhouse projects. Program HE-56: First Time Homebuyer Program The RDA administers a First Time Homebuyer program, previously administered by the RDA, waswhieh-is available to income eligible applicants citywide. The program provideds down payment loans up to a maximum of$80,000,which were thenare recorded as a silent second. Participation wasis limited to those households at or below 90 percent of the AMI. Funding Source: NoneRDA Set Aside Responsible Agency: Planning DepartmentRDA Timeframe and Objectives: • - - - - - . . . . . . • . . . - _ • . • - - -- --- Housing Services of the Inland Empire (NHSIE). NHSIE eanducts community outreach - - . - • • - City Hall and there is a link to the brochure on the City website.Annually monitor the participation of all existing property owners assisted through the First Time Homebuyer program. As this activity was previously RDA funded,the continued monitoring of this program will not provide new funds or allow for new applicant participation. Program HE-6,7: Neighborhood Stabilization Program The Housing and Economic Recovery Act of 2008(HERA)appropriated$3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the Neighborhood Stabilization Program. Rancho Cucamonga is a direct recipient of NSP1 funds and received $2,133,397 to address foreclosure issues within the City. The City's NSP program operates two activities 1) an Acquisition/Rehabilitation and Resale — First Time Homebuyer Program where acquired properties will be available to households earning up to 120 percent of the AMI, and 2) an Acquisition/Rehabilitation and Reuse — Affordable Housing Program where acquired properties will be City of Rancho Cucamonga HE-107 2013-2021 Housing Element—Revised Draft January 15,2014Dm "larch 22 201 P226 available to households earning below 50 percent of the AMI. These programs are available in selected census tracts experiencing a high foreclosure risk. Funding Source: CDBG-NSP Responsible Agency: Planning Department/RDA Timeframe and Objectives: • Acquire 127 properties for participation in the two NSP funded activities making 105 properties available through the Acquisition/Rehabilitation and Resalefirst Time Homebuyer program and 2 properties available to local non-profit housing providers through the Acquisition/Rehabilitation and Reuse program. • Implement program close out consistent with HUD's "Notice of Neighborhood Stabilization Program; Close Out Requirements and Recapture." Program HE-78: Section 8 The HUD funded Section 8 program is administered by the Housing Authority of the County of San Bernardino(HACSB). HACSB provides rent subsidies to very low income households and elderly households who spend greater than 50 percent of their income on rent, live in substandard housing, or have been displaced. The subsidies represent the difference between 30 percent of the monthly income and housing payment standards established by HUD. Housing vouchers are utilized by many extremely low income households in Rancho Cucamonga. The City will work with the HACSB to market the Section 8 program and improve its overall effectiveness. Funding Source: HUD Section 8 Funds Responsible Agency: Planning Department/HACSB Timeframe and Objectives: • Promote the use of Section 8 by making program information available at the public counter and community facilities. Encourage non-profit service providers to refer eligible clients to the Section 8 program for assistance. • Coordinate with the HACSB to prioritize vouchers to be set aside for extremely low income households. • Provide Section 8 information to owners of small rental properties to encourage acceptance of Section 8 vouchers. Program HE-8Q: Mobile Home Accord • ..• .. • . , .- - - • ' . . .. £ . -• - . . _. administered by the City Manager's Office. The Mobile Home Accord serves as a rent stabilization agreement between the City and the 8 mobile home park owners,which limits how much park owners can raise rents based on the Consumer Price Index. The Mobile Home Accord was renewed in 2009 for a 7-year participation agreement; all 8 mobile home parks within the City participate in the Accord. Funding Source: Noned-s Responsible Agency: Building and Safety DepartmentRDA Timeframe and Objectives: • Continue to administer the Mobile Home Accord. Program HE-910: Mobile Home Rental Assistance Program In June 2008, the RDA established. :: e -: - - •: ----- . = a Mobile Home Rental Assistance Program that provides up to$10050 per month towards the rent of a mobile home space for households that are at or below 60 percent of the AMI and paying 30 percent or more of their income on housing-4 2009, staff recommended that the benefit amount be increased to $100 per month to better serve the City of Rancho Cucamonga HE-108 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 2' 207 P227 the st-yeas There were 122 households participating as of January 1, 2013. Funding Source: Successor AgencyRDA Set Aside Responsible Agency: Planning DepartmentROA Timeframe and Objectives: • Continue to administer and market the program to 122408 households annually. • Monitor the participation of all existing participants assisted through the program on a monthly basis. As this activity was previously RDA funded,the continued monitoring of this program will not provide new funds or allow for new applicant participation. As existing participants drop out of the program no new households will be permitted.• - - •• _ - - - • . - . -- • ■ , •• -- • - - _ .. _ - .. . .• -••- • •• - -. -. • . 1 . • - - - - - -• _. - - .. . . - - .. . become available for sale. On a case.by case basis, the RDA 5#nal1 lease, purchase, or by other • • _ -••-- _ • . ._ ' , a -- _ -- . . . _ .. . - . _ _. . - nt • - - •- _ . ' • _ •- _ •- . _ • " • - - - - - -- . . .. •. Program HE-101-2: Preservation of At-Risk Units Five publicly assisted housing projects with a total of 265 units may be at-risk of losing rent subsidies or converting to market rate within the planning period of this Housing Element. Specifically,many households residing in publicly assisted housing are extremely low income households with limited housing opportunities elsewhere. To meet the needs of lower income households,the City must plan against the loss of existing affordable housing units. City of Rancho Cucamonga HE-109 2013-2021 Housing Element—Revised Draft January 15,2014 P228 Funding Source: General FundRDA Set Aside Responsible Agency: Planning DepartmentR-DP Timeframe and Objectives: • Continue to keep in contact with the owners of projects with units due to convert to market rate to determine the status of projects with respect to the expiration of regulatory agreements. • Continue to contact the owners of all units at risk and discussed options for retaining restricted affordable units. • Work with private non-profit agencies interested in purchasing and/or managing units at-risk, including but not limited to 501(c)(3) Housing Development Corporations. On a case-by-case basis, provide technical assistance to these organizations with respect to organization and financing. • On a case-by-case basis as opportunities arise,enter into agreements with property owners to preserve existing affordable housing units. • Purchase,er-assist iA the p&chase,of projects incaade u♦aits at risk,as funds are available. Program HE-11: Inclusionary Ordinance Establish a Committee to evaluate the :• ':- -- - • : ' -•--• adoption of an Inclusionary Ordinance as a means to create opportunities for the development of affordable housing units. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • Initiate a Committee to consider the feasibility of establishing an Inclusionary Ordinance as a means to create opportunities for the development of affordable housing units. • The Committee may consider applicable housing element policy and program language that considers such program characteristics as the percentage of units that could be affordable in each income category, the duration of the affordability requirements, the availability of alternatives to the production of units (i.e., in lieu fees, land donation, etc.), and the date by which the City could consider the adoption of an implementing ordinance. • The Committee may consider the characteristics of an Inclusionary Ordinance that could include a clear statement of the intent and purpose of the ordinance, findings that demonstrate the need for the ordinance,definitions of key terms(e.g.,income levels,affordability,etc.),specific standards for determining compliance, eligibility for exceptions or alternatives, provisions for applying its provisions, and a system for enforcing and monitoring compliance. • The requirements of a proposed Inclusionary Ordinance may be applicable when a property owner requests a property right to which they are not entitled •. •- . - : -• • : :,such as a zone change from a non-residentialeamffiefe+al to a residential land use, or a residential density increasezor cage, for example, from Medium Residential to Medium-High Residential. Quality Residential Development Goal HE-3: Provide quality residential environments which contribute to a well functioning community by ensuring residential development which is not only attractive in design, but which functions to protect the public safety and welfare, and provide benefits to the community. Objective HE-3.1: Promote development techniques that foster a continued high quality of residential design and construction and ensure the appropriate development of hillside areas. City of Rancho Cucamonga HE-110 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P229 Policy HE-3.1.1: Continue to implement the Hillside Development Regulations to ensure that residential development is appropriate in the City's hillside areas. Policy HE-3.1.2: Continue to evaluate residential projects for safety concerns, including lighting, pedestrian movements, parking lot configuration and design, as well as unit design and orientation, particularly with regard to multi-family development. Policy HE-3.1.3: Promote the development of Crime Prevention Through Environmental Design (CPTED) concepts to evaluate single-family and multi-family residential developments and write CPTED design guidelines to improve the safety of new residential developments. Program HE-1213: Hillside Development Regulations Recognizing the unique characteristics of the hillside areas, the City adopted Hillside Development Regulations to ensure that any residential development on slopes 8 percent and greater was appropriate to the carrying capacity of the land. Regulations were established to avoid development in environmentally sensitive areas, minimize adverse grading impacts through architectural and structural techniques, and preserves natural landform characteristics. Funding Source: General Fund Responsible Agency: Planning Department/Building and Safety Department Timeframe and Objectives: • Continue to monitor residential development on slopes 8 percent and greater for compliance with the Hillside Development Regulations. • Continue to evaluate and improve hillside development processing procedures to facilitate residential development in hillside areas. Program HE-1314: Crime Prevention Through Environmental Design Crime Prevention Through Environmental Design (CPTED) is an approach to deterring criminal behavior through environmental design and development of the built environment. CPTED strategies are based on the principal that proper design and the effective use of the built environment can reduce potential for criminal activity and improve the quality of life. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • When funding resources become available,establish CPTED concepts to evaluate single-family and multi-family developments and write CPTED guidelines to improve the safety of new residential developments. • Add to the Planning Department work program and complete when funding sources become available. Housing Preservation Goal HE-4: Conserve and improve the existing housing stock, including structures of historic significance, and eliminate the causes and spread of blight by encouraging the investment of public and private funds in housing rehabilitation and public improvements. Objective HE-4.1: Recognize the unique contribution to the City's heritage by historic structures and develop programs to encourage the preservation and maintenance of these structures. Policy HE-4.1.1: Encourage rehabilitation and preservation of historic residences through participation in Mills Act contracts. City of Rancho Cucamonga HE-111 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P230 Objective HE-4.2: Promote the revitalization and rehabilitation of substandard residential structures. Policy HE-4.2.1: Evaluate and identify areas of the City with concentrations of older or deteriorating housing units which may be targeted for rehabilitation and improvement programs. Policy HE-4.2.2: Continue to implement the Home Improvement Program administering grants to lower income single-family home owners and mobile home owners for minor housing needs. Policy HE-4.2.3: Continue to implement the Home Improvement Program administering deferred interest loans to lower income households, excluding mobile homes. Objective HE-4.3: Promote efforts to ensure that all neighborhoods of the City have adequate public/community facilities and services. Policy HE-4.3.1: Provide public improvements/community facilities such as street improvements, streetlights,sidewalks, parkway landscaping,as well as park facilities in qualified target areas. Objective HE-4.4: Promote the maintenance of existing housing in sound condition. Policy HE-4.4.1: Utilize concentrated Code Enforcement programs to target specific areas or problems when the need and community support warrants such activity. Policy HE-4.4.2: Develop an outreach referral program to encourage property owners with structural and/or maintenance problems to seek assistance under the CDBG Home Improvement Program. Program HE-144&: Homeowner Rehabilitation Programs The City of Rancho Cucamonga offers a number of programs to assist homeowners, both single-family and mobile homes, maintain and improve their homes: • Home Improvement Program (CDBG Grants): This program provides a grant up to $7,500 to income eligible low income households to make necessary health, safety, and code related repairs. Eligible properties include single-family homes, mobile homes, townhomes, and condominiums and the units must be owner occupied. This program may be utilized in conjunction with the loan program(see below)if the cost of repairs exceeds the maximum grant amount. • Home Improvement Program (CDBG Loans):This revolving loan program provides a deferred payment loan up to $30,000 to income eligible low income households to make necessary health, safety, and code related repairs, • - - ••- • -•• • - - - - - - • - Eligible properties include single-family homes, townhomes, and condominiums and the unit must be owner occupied. The loans are zero interest, subordinate to the primary loan,and are repaid on the sale or refinance of the property. • Home Improvement Program(EECBG Loans):This revolving loan program provides a deferred payment loan up to $10,000 to income eligible low income households to make necessary energy efficiency and energy conservation repairs. Eligible properties include single-family homes, townhomes, and condominiums and the unit must be owner occupied. The loans are zero interest, subordinate to the primary loan, and are repaid on the sale or refinance of the property. This loan program wasis funded by the American Recovery and Reinvestment Act of 2009 and .s-distributed through the U.S. Department of Energy. Funding Source: CDBG/EECBG Responsible Agency: Planning Department Timeframe and Objectives: • Assist 40 households annually through the Home Improvement Program. City of Rancho Cucamonga HE-112 2013-2021 Housing Element—Revised Draft January 15,2014Dca#-Mare14-27,2013 P231 • Continue to promote the availability of these funding opportunities through occasional articles in the "Grapevine", a quarterly publication by the Community Services Department, announcements on the local public access channel RCTV-3, and program information and applications at the Planning Department public counter, and various community facilities. Program HE-1546: Mills Act Contracts The Mills Act, under State law, enables the owner of a "qualified historic property," to enter into an agreement with the City to preserve, rehabilitate,and maintain the historic property in return for a reduction in property taxes under the Revenue and Taxation Code Section 439. The money saved from the reduced property tax will be available to maintain and restore the historic property,thereby benefiting the owner as well as the community. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • Monitor existing Mills Act contracts and promote the program to assist in the preservation of historic resources. Program HE-1617:Code Enforcement The Building and Safety Department Code Enforcement Division has initiated proactive neighborhood conservation programs focusing on specific neighborhoods which, though sound, are beginning to show signs of deterioration. Programs include community education, neighborhood cleanups,yard maintenance, and abandoned vehicle abatement. Focus neighborhoods are often low-income neighborhoods eligible for CDBG funding. Funding Source: General Fund Responsible Agency: Building and Safety Department Timeframe and Objectives: • Continue to support the bi-annual neighborhood cleanup events within the focus neighborhoods assisting approximately 200 households. Program HE-1748: Graffiti Removal The Public Works Services Department provides graffiti removal services in Low/Mod Area (LMA) eligible Census Tract Block Groups. The graffiti removal program removes incidences of graffiti from public property within the designated target areas. Funding Source: General Fund/CDBG Responsible Agency: Public Works Services Department Timeframe and Objectives: • Continue to provide graffiti removal services to the residents of LMA eligible Census Tract Block Groups within the City. Remove Constraints Goal HE-5: Where possible, eliminate governmental constraints. Objective HE-5.1: Promote efforts to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements. Policy HE-S.1.1: Periodically review and update the City's fee schedule and the methodology on which the fees are based in order to determine the necessary costs for providing adequate City of Rancho Cucamonga HE-113 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P232 public services and public improvements to ensure the continued health, safety, and welfare of the community. Policy HE-5.1.2: Continue to facilitate the development review process through multiple techniques, including staff assistance, public information, articles in the City's newsletter, informal meetings with applicants, Preliminary Review applications to address technical issues, and Pre-Application Review to address policy issues. Policy HE-5.1.3: Continue to evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing opportunities for lower and moderate income households and for persons with special needs. Program HE-1844: Housing for Persons with Special Needs The City of Rancho Cucamonga recognizes the need for a wide range of housing options to meet the varied needs of all segments of the community, including seniors, persons with disabilities, female-headed households, large households, homeless, students, and farmworkers. To encourage and facilitate the development of housing for persons with special needs, the City will-amended the Development Code to :establish definitions and land use criteria for the development of Residential Care Facilities, Emergency Shelters,Transitional Housing,Supportive Housing,and Single-Room Occupancy units. specify the permitting process, where such uses are permitted, and regulations to exercise • permitted. - ' - ' - - • for SRO units will relate to the performance characteristics of a proposed facility, such as later arses: Funding Source: General Fund and CDBG Responsible Agency: Planning Department Timeframe and Objectives: City of Rancho Cucamonga HE-114 2013-2021 Housing Element—Revised Draft January 15,2014Drft•" ce14 2' 201 P233 • Continue to fund a wide variety of nonprofit organizations providing services for homeless people, and those at risk of homelessness, through the Consolidated Plan process. • Amend the Development Codc within twelve months of adopting the Housing Element to address special needs housing. •—Amend the Development Code within twelve months of adopting the Housing Element,or at the time of application submittal, to establish objective standards forpetmit emergency shelters including the maximum number of beds, provision of onsite management, length of stay, and• security as": " • •- . . -• -• - . - - •- ..• _ • : . -- . - •.•- . .. • in the same zone and provide management and operation allowed by SB 2: • Amend the Development Ce4c to per.m4 SAG a nits "by right" (without a CUP or other residential uses in the same land use district. • Program HE-1920: Regulatory Incentives The City approves General Plan Amendments, Development Code Amendments, Conditional Use Permits, Variances, Minor Exceptions, and Density Bonuses where appropriate to facilitate quality housing that furthers City goals. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • Continue to approve General Plan Amendments, Development Code Amendments,Conditional Use Permits,Variances, Minor Exceptions,and Density Bonuses as appropriate while balancing the goal of preserving established residential neighborhoods. Program HE-2024: Financial Incentives The City encourages and facilitates the construction of affordable senior and family housing projects. Previously, RDA fFinancial assistance h-a-s included multiple-family revenue bonds, housing grants, low interest loans,and reductions in development impact fees where feasible. Housing developers have utilized these financial incentives to leverage and obtain funding sources,such as Low Income Housing Tax Credits. Taken together,the combination of public and private financing sources alloweds developers to secure lower interest rate loans. The City will continue to offer financial-incentives for housing projects that address unmet needs in the community and seek creative means to further increase funding for housing. Funding Source: General fundRDA Set Aside/private financing Responsible Agency: Planning DepartmentR-DA Timeframe and Objectives: • e - - •! .. . - - _ . . . . _ . - . •: -Assist as appropriate the construction of affordable housing projects that address the City's housing needs. • Seek opportunities to leverage housing resources with those of for-profit groups, developers, and nonprofit groups in the community. • Prioritize RDAs-fey projects that include components for extremely low income households and large households. City of Rancho Cucamonga HE-115 2013-2021 Housing Element—Revised Draft January 15,20140raft March 27,2013 P234 Program HE-212: Permit Processing Delays in the development review process, such as plan checking and permit processing, may increase the holding cost of development. Complicated review procedures may also discourage development,especially by affordable housing and special needs housing developers. To facilitate residential development,the City provides development Pre-Application Review and Preliminary Review procedures to simplify and expedite development processing. Funding Source: General Fund Responsible Agency: Planning Department Timeframe and Objectives: • Continue to evaluate and improve the permit processing procedures to facilitate residential development. • Within twelve months of the adoption of the Housing Element, revise the development review process to establish fast-tracking procedures for those residential development projects that include housing for large households and lower income households, especially extremely low income households. Program HE-223: Development Fees The City charges various fees and assessments to cover the cost of processing permits and provide services and facilities to the project. These fees contribute to the cost of housing and are ultimately passed on from the housing developer to the consumer. The City may utilize various methods to offset the fees associated with the development of affordable and special needs housing. Funding Source: , HOME;and CDBG Responsible Agencies: RDA and Planning Department Timeframe and Objectives: • _ _ . - - ._ - . . - - . . . -- _ . - -- . _ .. . - and special needs housing. • Pursue the availability of additional funds for infrastructure improvements needed to support affordable and special needs housing. • Pursue the establishment of development fee waivers and development fee deferrals for those residential development projects that include housing for large households and lower income households, especially extremely low income households. Program HE-2324:Analyze Development Fees on the Supply and Affordability of Housing The City will analyze the impacts of increased development fees on the supply and affordability of housing and commit to biennial monitoring. As part of the outreach,the City will work with both for-and non-profit developers, and in particular, will consider the cumulative costs of increased fees from the 20042012 Supplemental Fee Study given the costs associated with optional development standards required to achieve maximum densities on properties within the High (H) Residential District. Based on the results of this analysis, staff will recommend to the City Council actions necessary to mitigate any identified constraints including allowing payment of fees upon certificate of occupancy, rather than prior to building permit issuance to reduce developer construction financing costs and overall development costs for housing affordable to lower-income households. Funding Source: General Fund Responsible Agencies: Planning Department Timeframe and Objectives: • Within twelve months of the adoption of the Housing Element,analyze the impacts of increased development fees on the supply and affordability of housing and commit to biennial monitoring. • Promote the financial feasibility of development affordable to lower income households. City of Rancho Cucamonga HE-116 2013-2021 Housing Element—Revised Draft January 15,2014Jfafl MaFell--2-7--2013 P235 Equal Housing Opportunity Goal HE-6: Promote equal housing opportunities for all economic segments of the community regardless of race, sex, or religion. Objective HE-6.1: Pursue programs that will reduce the incidence of housing discrimination within the City. Policy HE-6.1.1: Support outreach and education efforts to actively further fair housing practices and understanding of fair housing rights, with emphasis on proactive education and voluntary compliance, as well as through legal enforcement on a case-by-case basis, including, but not limited to,assistance with the resolution of tenant/landlord disputes and housing discrimination complaints. Policy HE-6.1.2: Promote the provisions of disabled-accessible units and housing for the mentally and physically disabled. Program HE-242 : Fair Housing The City of Rancho Cucamonga is committed to furthering and improving fair housing opportunities so that all persons have the ability to find suitable housing in the community. To achieve fair housing goals,the City contracts with the Inland Fair Housing and Mediation Board to provide fair housing services and landlord/tenant counseling services, including education, counseling, mediation, outreach, and legal compliance. The City periodically prepares the required Analysis of Impediments to Fair Housing Choice,to document the City's progress in improving and maintaining fair housing opportunities. The City also prepares, as required by Federal law, housing planning documents and progress toward fair housing goals set forth in the CDBG Consolidated Plan. Funding Source: CDBG Responsible Agency: Planning Department Timeframe and Objectives: • Continue to contract with local fair housing providers to provide educational, advocacy, and mediation services for the City. • Continue to provide fair housing and landlord/tenant counseling resources on the City website and make fair housing and landlord/tenant counseling brochures available at public counters and community facilities. • Continue to periodically prepare an Analysis of Impediments to Fair Housing Choice and implement its findings- law also recognizes that people with disabilities may need extra tools to achieve housing equality. Cities are required to consider requests for reasonable accommodations related to housing for persons with City of Rancho Cucamonga HE-117 2013-2021 Housing Element—Revised Draft January 15,2014Draft-March 27,2013 P236 • Create a formal process for g req-crests fee acco+ aoda-t+orns for the Element. The goal of the program w+l-1 l e to i+4c#.fy 4.C.V4CW procedures and to provide permitting processes to accommodate people with disabilities. • ' -- - .: - • - • --- - - •- - -. - - - -- - -- - " - - - , City of Rancho Cucamonga HE-118 2013-2021 Housing Element-Revised Draft January 15,20140'x"March",2013 P237 APPENDIX B: 2008 - 20132000-4008 HOUSING ELEMENT PROGRAM EVALUATION Since 1981 the overarching goal of the Housing Element has been consistent with the State's goal that "the City shall provide opportunities and incentives for the provision of a variety of housing types for all economic segments wishing to reside in the community regardless of race, religion,sex, or income group." The 2008— 20132000 2005 Housing Element identifies the following sixn++ie (69) goals that contribute to the availability of Housing in Rancho Cucamonga. 1) Allow and create new opportunities that enable a broad range of housing types, maintain a balanced supply of ownership and rental units,and provide sufficient numbers of dwelling units to accommodate expected new household formations. 2) Provide housing opportunities that meet the needs of all economic segments of the community including very low, low-, and moderate income households and special needs groups. 3) Provide quality residential environments which contribute to a well functioning community by ensuring residential development which is not only attractive in design, but which functions to protect the public safety and welfare, and provide benefits to the community. 4) Conserve and improve the existing housing stock, including structures of historic significance, and eliminate the causes and spread of blight by encouraging the investment of public and private funds in housing rehabilitation and public improvements. 5) Where possible, eliminate governmental constraints. 6) Promote equal housing opportunities for all economic segments of the community regardless of race, sex, or religion. The following discussion and tables provide a summary of the City's accomplishments in the implementation of the prior element. The accomplishments analysis includes a discussion of the following: • Implementation Actions— Describes the actions taken to implement the six (6)objectives identified in the 2008— 2013 Housing Element planning period. Multiple actions were often necessary to achieve these objectives. • Progress— Describes the effectiveness of the implementation actions during the planning period, including quantifiable data when available. • Evaluation—Based on the outcomes of the implementation actions, an evaluation was conducted of each action and the progress reported during the planning period to determine its continued appropriateness. GOAL The following section describes each individual goal from the 2008 — 2013 Housing Element, the actions taken to implement each goal, a report on the progress and effectiveness of each action, and a summary evaluation of each implementation action to determine effectiveness and continued appropriateness. This Evaluation is an important tool in crafting the programs and objectives for the 2013—2021 Housing Element planning period, which is contained in Section 5—Housing Plan. ENABLE A BROAD RANGE OF HOUSING TYPES Since incorporation, the City of Rancho Cucamonga has made a comprehensive effort to develop a community with a balanced land use plan that provides opportunities for a wide range of housing types. In the late 1980's the City studied the relationship between the number of multi-family to single-family units projected at build-out and concluded that planned land uses would yield a higher ratio of multi-family to City of Rancho Cucamonga HE—B1 2013-2021 Housing Element—Revised Draft January 15,2014Oca#t-M c -27,2013 P238 single-family than planned for by surrounding cities. In February 1991,the City Council adopted the goal that at build-out the ideal ratio of multi-family to single-family units is 32:68. In order to preserve a variety of housing types,the City has established a condominium conversion ordinance that limits the amount of multi-family units that may be converted to ownership units annually. During the planning period no requests to convert multi-family units to ownership units were proposed. Pursuant to Government Code §65863.7, the preservation of mobile home units is encouraged as they provide an additional source of affordable housing. The City has not adopted an ordinance to protect the conversion of mobile home parks, however, the City does provide multiple resources in the form of rehabilitation programs, etc., to preserve and enhance mobile home units. Goal HE-1:Allow And Create New Opportunities That Enable A Broad Range Of Housing Types,Maintain A Balanced Supply Of Ownership And Rental Units,And Provide Sufficient Numbers Of Dwelling Units To Accommodate Expected New Household Formations. Program/ Lead Target Completion Implementation Actions Agency Year Status Date Program HE-1:Inventory of Residential Sites Planning Annual Progress Ongoing The City maintained an inventory of vacant The City will maintain an inventory of vacant residentially zones site to accommodate the 2008 residentially zoned sites to accommodate the RHNA. Regional Housing Needs Allocation of 1,282 units. Evaluation The City's inventory of vacant residentially zoned Monitor the sites inventory annually to assess sites is updated annually. Although residential the City's continued ability to facilitate a range development exceeded the RHNA allocation of of residential housing types. 1,282 units,most of that residential development occurred in the Above Moderate Income Provide an inventory of vacant residentially category. In the RHNA categories the City zoned properties to interested affordable achieved 504 of 504 Above Moderate Income housing developers after adoption of the units,59 of 245 Moderate Income, 171 of 216 Housing Element.Annually update the listing Low Income, and 224 of 317 Very Low Income to promote the continued availability and units leaving a remaining RHNA balance of 324 marketability of the identified properties. units. Program HE-2:Manufactured Housing Planning 2011 Progress 2012 Amend the Development Code_within twelve Government Code §65852.3(a)specifies that months of adopting the Housing Element to local governments cannot exclude define manufactured housing and mobile homes permanently sited manufactured homes from consistent with State law and specify the zone,or lots zoned for single-family dwellings(unless zones,where such housing can be permitted. manufactured housing is more than 10 years old).A city may not require an administrative Evaluation permit,planning or development process,or Completed with the 2012 Development Code other requirement that is not imposed on a update. conventional single-family dwelling in the same zone.The Development Code defines mobile home units,and permits mobile homes on all lots zoned for single-family residential,except within the Very Low Residential District, but does not address manufactured housing. To comply with State law and ensure that such uses further community expectations for quality,the City will amend its Development Code to bring current codes up to date. Program HE-3: Mobile Home Park Planning Annual Progress Ongoing Conservation Mobile home parks are permitted in all residential districts, subject to approval of a Discourage the conversion of existing mobile Conditional Use Permit. Eight mobile home parks home parks to other uses, consistent with are located in the City providing 1,531 mobile Government Code §65863.7, in order to home units. Although the City has not enacted a maintain a valuable source of affordable Mobile Home Conversion Ordinance, the City housing. promotes the conservation of Mobile Home Parks. No requests for mobile home park conversions were submitted during the planning ep riod. City of Rancho Cucamonga HE-82 2013-2021 Housing Element—Revised Draft January 15,2014-Draft•March 27,2013 P239 Evaluation No requests for mobile home park conversions were submitted during the planning period. Program HE-4:Condominium Conversion Planning Annual Progress Ongoing As of January 1,2011,Rancho Cucamonga had 54 Maintain and administer a condominium multi-family complexes (i.e., apartments and conversion ordinance which establishes a condominiums)with a total of 20,284 units;an maximum annual limit, defined as no more increase of 7,420 units since June 30, 2008. than one-half the number of multi-family Multi-family developments are typically recorded rental dwellings added to the City's housing as condominium maps allowing the complex to stock during the preceding year, for the be managed as rentals,but could allow for the number of multi-family rental units that may conversion to owner occupied units at any time. be converted to ownership type. Evaluation No requests for condominium conversions were submitted during the planning period. Program HE-5:Mixed Use Districts Planning 2011 Progress 2012 As part of the General Plan update the City Utilize the Mixed Use District to provide designated additional properties within the development standards ranging from 14 to 30 Mixed Use District along Foothill Boulevard., dwelling units per acre. these Mixed Use land use designations became effective with the May 19,2010 adoption of the Amend the Development Code to establish the Rancho Cucamonga General Plan Update. These land use districts and development standards areas will provide opportunities for additional for the new Mixed Use Districts along Foothill residential development at densities up to 30 Boulevard. dwelling units per acre and have access to commercial services, medical services, Utilize appropriate development standards to community facilities, and employment achieve 30 units per acre on the four identified opportunities. Additionally, these parcels Mixed Use District properties, potentially provide opportunities for pedestrian friendly achieving 1,035 dwelling units on 34.5 acres of development, with convenient access to land. transportation,both public and private. Evaluation Completed with the 2012 Development Code update. HOUSING FOR ALL ECONOMIC SEGMENTS OF THE COMMUNITY The provision of housing for all economic segments of the community is an important objective for the 2008 —2013 Housing Element planning period. The City utilizes a variety of resources to ensure that opportunities are available, as well as units preserved for all economic segments. In 2002 the City adopted Density Bonus Provisions which greatly facilitated the construction of the aforementioned affordable units. In addition to supporting affordable units, the City has made a comprehensive effort to support homeless persons within the City by allocating CDBG funds to non-profit agencies that provide temporary emergency shelter, transitional housing opportunities,and services to the City's homeless population. Goal HE-2:Provide Housing Opportunities That Meet The Needs Of All Economic Segments Of The Community Including Very Low,Low-,And Moderate- income Households And Special Needs Groups. Implementation Actions Lead Target Status Completion Agency Year Date Program HE-6:First Time Homebuyer RDA N/A Progress Program was Program Annually assisted 15 first time homebuyers discontinued with the purchase of a home. The RDA administered a First Time Homebuyer program, which was available to income Evaluation eligible applicants citywide and provided down Throughout the life of the program,the RDA payment loans up to a maximum of$80,000, assisted approximately 111 first time which were recorded as a silent second. homebuyers through the First Time Participation was limited to those households Homebuyer Program; there are 71 at or below 90 percent of the AMI. homebuyers remaining in the program. No new funding for additional home buyer City of Rancho Cucamonga HE—B3 2013-2021 Housing Element—Revised Draft January 15,2014Braft-Mari 27,2013 P240 assistance will be provided and the existing covenants will be enforced until repaid. Program HE-7: Neighborhood Stabilization Planning 2013 Progress Ongoing Program Rancho Cucamonga is a direct recipient of NSP funds and received $2,133,397 to address The Housing and Economic Recovery Act of foreclosure issues within the City. The City's 2008 (HERA) appropriated $3.92 billion in NSP program operates two activities 1) an emergency assistance for the redevelopment Acquisition/Rehabilitation and Resale— First of abandoned and foreclosed homes and Time Homebuyer Program where acquired residential properties.Grants under the HERA properties were available to households are considered Community Development Block earning up to 120 percent of the AMI,and 2) Grant(CDBG)funds and are implemented by an Acquisition/Rehabilitation and Reuse — HUD through the Neighborhood Stabilization Affordable Housing Program where acquired Program. properties will be available to households earning below 50 percent of the AMI. These programs are available in selected census tracts experiencing a high foreclosure risk. Evaluation A total of 12 properties were acquired under the NSP program,including 6 through the NSP First Time Homebuver program and 6 properties under City administered programs. Of the 6 properties acquired by the City, 4 were made available to low income housing providers and 2 will be available for resale. The City will implement program close out consistent with HUD's "Notice of Neighborhood Stabilization Program;Close Out Requirements and Recapture." Program HE-8:Section 8 RDA Annual Progress Ongoing The City supports annual applications by the Maintain discussions with private developers HACSB for additional Federal vouchers and multi-family apartment managers consistent with the City's policy that assisted, encouraging the use of Federal rental affordable housing units be scattered assistance programs to assist lower income throughout the community and be households. indistinguishable from market rate housing. A high ratio of lower income households residing Support the Housing Authority of the County of in units developed under the City's Senior San Bernardino (HACSB) applications for Housing Overlay District benefit from owner additional Federal vouchers to meet the needs participation in the Section 8 program of low-income households. administered by HACSB. Evaluation As of June 30,2008,170 households residing in the City utilized certificates or vouchers distributed by HACSB. These units are identified in the CAPER and reported to HUD as meeting an activity of the City's Consolidated Plan. Program HE-9:Mobile Home Accord Building Annual Progress Ongoing and The Mobile Home Accord serves as a rent Support the Mobile Home Park Accord Safety stabilization agreement between the City and voluntary rent stabilization as a means of the 8 mobile home park owners,which limits keeping rents at reasonable levels to allow how much park owners can raise rents based continued affordability of this method of on the CPI. housing. Evaluation In 2009 the Mobile Home Accord was renewed for a 7-year participation agreement. Program HE-10: Mobile Home Rental Planning Annual Progress Monitored and Assistance Program On January 1, 2013 this activity had 122 enforced until participating households. completed In June 2008, the RDA established a Mobile Home Rental Assistance program that provides up to$100 per month towards the rent of a Evaluation City of Rancho Cucamonga HE—B4 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27,2013 P241 mobile home space for households that are at As this activity was previously RDA funded,the or below 60 percent of the AMI and paying 30 continued monitoring of this program will not percent or more of their income on housing. provide new funds or allow for new applicant participation. As existing participants drop out of the program no new households will be permitted. Program HE-11:Housing Production Plan RDA Annual Progress Program was A total of 2,029 restricted, affordable units discontinued This activity monitored restricted,affordable have been provided to meet the RDA's housing production within the redevelopment affordability obligation. This includes 1,764 project area assisted by the RDA. units under RDA affordability obligations(1,639 MFR and 125 SFR)and 265 units under County affordability obligations. Evaluation This activity was discontinued with the elimination of redevelopment agencies. Existing covenants will be enforced until each affordability covenant expires. Program HE-12:Preservation of At-Risk Units Planning Ongoing Progress Ongoing Five publicly assisted housing projects with a Many households residing in publicly assisted total of 265 units may be at-risk of losing rent housing are extremely low income households subsidies or converting to market rate within with limited housing opportunities elsewhere. the planning period of this Housing Element. To meet the needs of lower income The City recognizes the importance of households,the City must plan against the loss preserving the existing housing stock and will of existing affordable housing units. continue to address the preservation of the at- risk housing stock; however, because this activity was previously a function of the RDA, the continued ability to acquire,or assist with the acquisition of units-at-risk may not be possible. Evaluation The City was not able to address the preservation of these 265 at-risk units,which are under agreement with the County. In order to further address the preservation of units at-risk of conversion to market rate the City will: • Continue to keep in contact with the owners of projects with units due to convert to market rate to determine the status of projects with respect to the expiration of regulatory agreements. • Continue to contact the owners of all units at risk and discussed options for retaining restricted affordable units. • Work with private non-profit agencies interested in purchasing and/or managing units at-risk, including but not limited to 501(c)(3)Housing Development Corporations. • On a case-by-case basis, as opportunities arise, enter into agreements with property owners to preserve existing affordable housing units. QUALITY RESIDENTIAL ENVIRONMENT The City of Rancho Cucamonga works diligently to develop a residential environment that is safe, limits nuisance impacts from adjacent uses,and protects environmentally sensitive resources. As indicated in the 2008 — 2013 Housing Element planning period, the implementation of the City's Development Code and City of Rancho Cucamonga HE—B5 2013-2021 Housing Element—Revised Draft January 15,2014Ofaf-A4arch 27,2013 P242 Hillside Development Regulations is central to achieving these objectives. The City's Hillside Development Regulations are.key in the preservation of environmentally sensitive resources,minimizing grading impacts, and preserving natural landforms. During the planning period the City has reviewed numerous development proposals under the Hillside Development Regulations. Each project is evaluated under the regulations and a comprehensive review effort is made to identify alternatives and reducing impacts to these sensitive areas. The City has established a thorough review process to ensure the development of residential communities that are safe and of high quality design. As such, the City's review process includes review and comment from all City Departments, including Police and Fire regarding safety concerns. Residential projects are reviewed by staff and then forwarded to Committee Review(Grading,Technical,and Design),which includes the evaluation for safety concerns and design. The implementation of these objectives is ongoing and utilized on a daily basis. Goal HE-3:Provide Quality Residential Environments Which Contribute To A Well-Functioning Community By Ensuring Residential Development Which Is Not Only Attractive In Design,But Which Functions To Protect The Public Safety And Welfare,And Provide Benefits To The Community. Lead Target Completion Implementation Actions Year Status Agency y Date Program HE-13: Hillside Development Planning, Annual Progress Ongoing Regulations Building, Residential design excellence is encouraged Eng, through appropriate development standards Implement the Hillside Development applicable to hillside property. The Hillside Regulations to ensure that residential Development Regulations are supplemental development in hillside areas is appropriate to developmental standards applicable to hillside the carrying capacity of the land, avoids residential development. The review of a development in environmentally sensitive proposed project for compliance with Hillside areas, minimizes adverse grading impacts Development Regulations does not lengthen a through architectural and structural proiects review time; but merely imposes techniques, and preserves the natural additional development standards (i.e., landform characteristics. grading, building mass, building height, etc.i that are designed to protect the unique Promote the use of development techniques characteristics of hillside property. These that foster a continued high quality of standards are evaluated during the City's residential design and construction and ensure Development Review Process that includes the appropriate development of hillside areas. Committee and Commission review. Evaluation During the planning period numerous residential units were developed under the Hillside Development Regulations (RCMC §_17.52). Hillside Development Regulations typically apply to properties in the northern portions of the City,where property is steeply sloped,generally on property exceeding an 8 percent slope. Program HE-14: Crime Prevention Through Building Annual Progress On oin Environmental Design CPTED provides a method for systematic measurement of public,semi-public,and semi- Utilize CPTED concepts to evaluate single- private areas in relation to intended and family and multi-family residential unintended uses. In the 1990's a CPTED study developments. was utilized to focus on commercial development. The study emphasized that its Establish CPTED design guidelines to improve purpose was proactive because at that time the safety of new residential developments. crime was not considered a problem for commercial development in the City. CPTED goals include data collection particularly crime analysis capability, as well as increased communication and coordination among all private and public entities engaged in crime suppression. CPTED standards are not viewed as a constraint to development,as a means of reviewing proiects from a public safety perspective. City of Rancho Cucamonga HE-86 2013-2021 Housing Element—Revised Draft January 15,2014Draff-Mare+ -7,-291-3 P243 Evaluation CPTED methods are being incorporated into design review for commercial and industrial projects. HOUSING CONSERVATION While the majority of development within Rancho Cucamonga has occurred after the City's incorporation in 1977, the City's annexation included multiple tracts from the Cucamonga, Alta Loma, and Etiwanda communities. As such, much of the housing stock in these pre-City communities were built prior to 1970, which infers that the housing stock in the communities is aging and requiring additional maintenance. In order to address this housing condition, the City has made a comprehensive effort to develop programs during the 2008—2013 Housing Element planning period to conserve the existing housing stock. As key components for the preservation of older residential units,the City has encouraged participation in Mills Act contracts for qualifying historically designated properties. During the planning period,an additional 4 structures have been preserved while 38 properties are being managed with active Mills Act contracts. In addition,the City offers a grant program and a loan program to qualifying residents to make minor repairs to their residences. These programs have proven worthwhile in that over 264 residents were assisted utilizing the grant program, and 9 homeowners have utilized the loan program. Due to the benefits of these programs, the City will continue to include this program in the next Housing Element planning period. The City's Code Enforcement Department is also a key component in maintaining housing stock. While the primary responsibility for the maintenance of properties is on the homeowner,the City's Code Enforcement and Building&Safety Department will investigate complaints and ensure compliance with City building and maintenance regulations. During 2008—2013,the City implemented 7 neighborhood clean-up programs in target areas of concern. These programs have proven very effective in the clean-up of neighborhoods throughout the City. Finally, City staff is encouraged to refer property owners with active code violations to the City CDBG coordinator to determine eligibility for CDBG grants or loan programs to assist with clean-up efforts. This program has proven effective for income-qualifying residents. Goal 4:Conserve And Improve The Existing Housing Stock,Including Structures Of Historic Significance,And Eliminate The Causes And Spread Of Blight By Encouraging The Investment Of Public And Private Funds In Housing Rehabilitation And Public Improvements. Lead Target Completion Implementation Actions Status Agency Year Date Program HE-15: Homeowner Rehabilitation Planning Annual Progress Ongoi-1g Programs This worthwhile program has proven to be extremely successful and is affected more by the The City of Rancho Cucamonga offers a availability of funding rather than the number of number of programs to assist homeowners, requests for assistance. both single-family and mobile homes,maintain and improve their homes: Evaluation Between 2008 and 2013,the CDBG funded Home • Home Improvement Program (CDBG Improvement Program provided a total of 9 loans Grants):This program provides a grant up to and 264 grants to income eligible homeowners. $7,500 to income eligible low income The EECBG funded energy efficiency program households to make necessary health,safety, provided a total of 10 loans to income eligible and code related repairs. Eligible properties homeowners. include single-family homes, mobile homes, townhomes,and condominiums and the units The City will continue to allocate CDBG funds for must be owner occupied. the Home Improvement Program assisting owner- occupied single-family homes. Loans made under • Home Improvement Program(CDBG Loans): the CDBG and EECBG programs are revolving loans This revolving loan program provides a and will be made available to additional income deferred payment loan up to $30,000 to eligible applicants as existing loans are paid. income eligible low income households to make necessary health, safety, and code City of Rancho Cucamonga HE-B7 2013-2021 Housing Element-Revised Draft January 15,20144)ra#t-Mareh 27,2943 P244 related repairs depending on fund availability. Eligible properties include single-family homes, townhomes,and condominiums and the unit must be owner occupied. The loans are zero interest,subordinate to the primary loan,and are repaid on the sale or refinance of the property. • Home Improvement Program (EECBG Loans):This revolving loan program provides a deferred payment loan up to $10,000 to income eligible low income households to make necessary energy efficiency and energy conservation repairs. Eligible properties include single-family homes,townhomes,and condominiums and the unit must be owner occupied. The loans are zero interest, subordinate to the primary loan, and are repaid on the sale or refinance of the property. Program HE-16:Mills Act Contracts Planning Annual Progress Ongoing A total of 38 properties have active Mills Act The Mills Act, under State law, enables the contracts. No requests have been received for owner of a "qualified historic property," to loans for restoration of private property;however, enter into an agreement with the City to a low-income owner-occupant could utilize the preserve, rehabilitate, and maintain the existing residential loan program for the purpose historic property in return for a reduction in of maintaining historic properties,including repairs property taxes under the Revenue and necessary to meet State requirements for seismic Taxation Code Section 439. The money saved retrofitting. from the reduced property tax will be available to maintain and restore the historic property, Evaluation thereby benefiting the owner as well as the The City will continue to emphasize the community. rehabilitation and preservation of historic residences through participation in Mills Act contracts, and when possible, the utilization of CDBG funding. Program HE-17:Code Enforcement Building Annual Progress Ongoing and Residents have the primary responsibility for The Building and Safety Department Code Safety, maintenance of existing sound,quality housing. Enforcement Division has initiated proactive CDBG They are assisted by the Building and Safety neighborhood conservation programs focusing Department and Code Enforcement staff.Staff will on specific neighborhoods which, though investigate complaints and pursue compliance with sound, are beginning to show signs of City Building Codes and Ordinances. deterioration. Programs include community education, neighborhood cleanups, yard Evaluation maintenance, and abandoned vehicle Between 2008 and 2013, Code Enforcement abatement. Focus neighborhoods are often conducted 7 extremely successful neighborhood low-income neighborhoods eligible for CDBG clean-up programs. This included: 2 in 2008 at funding. Cornwall Avenue and Chestnut Avenue and at Pistache Street near Day Creek Boulevard and Highland Avenue; 2 in 2009 at 19th Street and Haven Avenue,and at 9h Street and Baker Avenue; 1 in 2010 at Carnelian Avenue and Avalon Street;1 in 2011 at Grove Avenue and Arrow Route; 1 in 2012 at Henbane Street and Hemlock Street. These programs focused around a one-day educational event that included free pick-up of large items such as appliances,water heaters,and beds. Program HE-18:Graffiti Removal Public Annual Progress On gom_ Works, The Public Works Services Department removes The Public Works Services Department CDBG graffiti in the CDBG areas on a regular basis. provides graffiti removal services in Low/Mod Response is based on Rancho Responds requests, Area(LMA)eligible Census Tract Block Groups. Graffiti Hotline,Calls received by the PWSD front The graffiti removal program removes office and in-house crew surveillance of CDBG incidences of graffiti from public property areas. within the designated target areas. Evaluation City of Rancho Cucamonga HE—B8 2013-2021 Housing Element—Revised Draft January 15,2D1 P245 six or fewer residents by right in all residential districts. Differentiate supportive housing in the form of group quarters versus multi-family housing developments. Where supportive housing facilities operate as group quarters assisting up to six residents,such uses will be permitted as residential care facilities, and where supportive housing facilities operate as multi-family housing developments,such uses will be permitted where multi-family housing is permitted. • Amend the Development Code to permit SRO units"by-right" (without a CUP or other discretionary approval) in the Medium (M) Residential, Medium-High (MH) Residential, High(H)Residential,and Mixed Use(MU)land use districts subject to the same development standards as other uses in the same zone and provide management and operation allowed by SB 2. • Create development standards for emergency shelters, transitional housing, supportive housing, SRO, extremely low income households, large households, and other similar types of housing. • Continue to fund a wide variety of nonprofit organizations providing services for homeless people, and those at risk of homelessness, through the Consolidated Plan process. Program HE-20:Regulatory Incentives Planning Annual Progress Ongoing The City continues to approve4 applications The City approves General Plan Amendments, related to residential development in order to Development Code Amendments,Conditional facilitate quality housing that furthers City goals. Use Permits,Variances,Minor Exceptions,and Density Bonuses where appropriate to Evaluation facilitate quality housing that furthers City Continue to approve General Plan Amendments, goals. Development Code Amendments, Conditional Use Permits,Variances,Minor Exceptions,and Density Bonuses as appropriate while balancing the goal of preserving established residential neighborhoods. Program HE-21:Financial Incentives RDA Annual Progress Ongoing The City and RDA utilized housing set-aside funds The City encourages and facilitates the and grants to make feasible the construction of construction of affordable senior and family affordable housing projects that address the housing projects. Financial assistance has City's housing needs. included multiple-family revenue bonds, housing grants, low interest loans, and The City and RDA sought out opportunities to reductions in development impact fees where leverage housing resources with those of for- feasible. Housing developers have utilized profit groups,developers,and nonprofit groups these financial incentives to leverage and in the community. obtain funding sources, such as Low Income Housing Tax Credits. Taken together, the The City and RDA prioritized funds for projects combination of public and private financing that include components for extremely low sources allows developers to secure lower income households and large households. interest rate loans. The City will continue to offer financial incentives for housing projects Evaluation that address unmet needs in the community Although redevelopment agency funds are no and seek creative means to further increase longer available,the City will continue to assist funding for housing. as appropriate, the construction of affordable housing projects that address the City's housing needs. Should new funding opportunities arise, the City may utilize those funds to support financial incentives for the development of affordable housing. City of Rancho Cucamonga HE—B10 2013-2021 Housing Element—Revised Draft January 15,201 P246 Program HE-22: Permit Processing Planning, 2011 Progress 2014 The 2012 Development Code update includes Delays in the development review process, provisions forded Density Bonuses, Incentives, such as plan checking and permit processing, and Concessions when the applicant for the may increase the holding cost of development. residential development seeks and agrees to Complicated review procedures may also construct a residential development that will discourage development, especially by contain one of the following: affordable housing and special needs housing developers. To facilitate residential • Ten percent 110%) of the total units of a development,the City provides development housing development for lower-income Pre-Application Review and Preliminary Review households. procedures to simplify and expedite development processing. • Five percent (5%) of the total units of a housing development for very low-income households. • A senior citizen housing development or age- restricted mobile home park, • Ten percent 110%)of the total dwelling units in a common interest development as defined in California Civil Code §1351 for persons and families of moderate income,provided that all units in the development are offered to the public for purchase. Evaluation Within twelve months of the adoption of the Housing Element,revise the development review process to establish fast-tracking procedures for those residential development projects that include housing for large households and lower income households, especially extremely low income households. Program HE-23: Development Fees Planning, Annual Progress Ongoing Eng• During the planning period,the City conducted a The City charges various fees and assessments Building fee study to determine those fees necessary to to cover the cost of processing permits and adequately carry out needed public services. provide services and facilities to the project. Fees are tied to the Employee Cost Index for These fees contribute to the cost of housing State and are updated annually. and are ultimately passed on from the housing developer to the consumer. The City may Evaluation utilize RDA or other funds to offset the fees Continue the annual review and update of City associated with the development of affordable fees and the methodology on which the fees are and special needs housing. based. Continue to review and evaluate fees and charge only those fees necessary to adequately carry out needed public services. Fees were reviewed and updated in last quarter of 2012. Program HE-24:Analyze Development Fees on Planning 2011 Progress 2014 the Supply and Affordability of Housing During the planning period,the City conducted a fee study to determine those fees necessary to The City will analyze the impacts of increased adequately carry out needed public services. development fees on the supply and However,to promote the financial feasibility of affordabilitvofhousingandcommittobiennial development affordable to lower income monitoring. As part of the outreach,the City households the City needs to analyze the will work with both for- and non-profit impacts of increased development fees on the developers,and in particular,will consider the supply and affordability of housing and commit cumulative costs of increased fees from the to biennial monitoring of these development 2004 Fee Study given the costs associated with impact fees. optional development standards required to achieve maximum densities on properties Evaluation within the High IH)Residential District. Based Within twelve months of the adoption of the on the results of this analysis, staff will Housing Element, analyze the impacts of recommend to the City Council actions increased development fees on the supply and necessary to mitigate any identified constraints affordability of housing and commit to biennial including allowing payment of fees upon monitoring. City of Rancho Cucamonga HE-611 2013-2021 Housing Element—Revised Draft January 15,201 P247 certificate of occupancy,rather than prior to building permit issuance to reduce developer construction financing costs and overall development costs for housing affordable to lower-income households. NON-DISCRIMINATION IN HOUSING CHOICE The Inland Fair Housing and Mediation Board (IFHMB) is a key resource in the Inland Empire for providing education on fair housing and landlord/tenant rights, as well as pursuing discrimination cases when necessary. The City provides handouts to residents about the Inland Fair Housing and Mediation Board,and will refer tenants and landlords to the board should issues arise. Goal HE-6:Promote Equal Housing Opportunities For All Economic Segments Of The Community Regardless Of Race,Sex,Or Religion. Lead Target Completion Implementation Actions Agency Year Status nc Date Program HE-25:Fair Housing Planning, Annual Progress Ongoing CDBG IFHMB receives numerous inquiries regarding The City of Rancho Cucamonga is committed to landlord/tenant complaints and housing furthering and improving fair housing discrimination, and pursues discrimination opportunities so that all persons have the cases when conditions warrant. On a ability to find suitable housing in the complaint basis IFHMB conducts on-site community. To achieve fair housing goals,the testing, with appropriate follow-up. IFHMB City contracts with the Inland Fair Housing and conducts community education programs Mediation Board to provide fair housing regarding fair housing and landlord/tenant services and landlord/tenant counseling rights. services, including education, counseling, mediation, outreach, and legal compliance. Evaluation The City periodically prepares the required Through the implementation of the 2005-2009 Analysis of Impediments to Fair Housing Consolidated Plan, a total of 338 residents Choice, to document the City's progress in received fair housing assistance and 3,933 improving and maintaining fair housing residents received landlord tenant counseling opportunities. The City also prepares, as assistance. Implementation of the 2010-2014 required by Federal law, housing planning Consolidated Plan will likely assist a documents and progress toward fair housing comparable number of residents. goals set forth in the CDBG Consolidated Plan. Program HE-26:Reasonable Accommodations Planning, 2011 Progress Ogoing Building The City amended the Development Code to The Fair Housing Act, as amended in 1988, create a formal process for making requests for requires that cities provide reasonable Reasonable Accommodations. These allow for accommodation to rules, policies, and reasonable accommodations for the procedures where such accommodations may modification of building codes, permit be necessary to afford individuals with processes, and land uses for new and disabilities equal housing opportunities.While rehabilitated homes to maximize accessibility fair housing laws intend that all people have for disabled people. equal access to housing, the law also recognizes that people with disabilities may The program identifies review procedures and need extra tools to achieve housing equality. to provides reasonable accommodations to Reasonable accommodation is one of the tools explicitly allow for changes to land use, intended to further housing opportunities for building codes, development code people with disabilities. Reasonable requirements (i.e., setback reductions and accommodation provides a means of parking requirements), and establishes a requesting from the local government permitting process to accommodate people flexibility in the application of building code, with disabilities. land use and zoning regulations,and in some instances the waiver of certain restrictions or Evaluation requirements because it is necessary to Established with the 2012 Development Code achieve equal access to housing. Cities are update. required to consider requests for reasonable accommodations related to housing for persons with disabilities and provide the accommodation when it is determined to be City of Rancho Cucamonga HE—B12 2013-2021 Housing Element—Revised Draft January 15,20148raft-M rch-27,2013 P248 "reasonable"based on fair housing laws and case law interpreting the statutes. 3) Promote equal housing opportunities fer a-11-comic seg ►eats-ef e ity regardless aee, sex, or religion. city. 7)- Require energy efficiency in all residential developments. • - - •- --• -- ... .. - -. .. - - - - • - these objectives. each action and the progress reported during the planning period to determine its continued appropriateness. 6AAl. • . . - ..• . . -..- - planning period, which is contained in Section 5 Housing Plan. Since incorporation, the City of Rancho Cucamonga has made -a comprehensive effort to develop a City of Rancho Cucamonga HE—B13 2013-2021 Housing Element—Revised Draft January 15,20149ra$t March2-7-,2013 P249 • - •• -- •- - - - -- - Government Code 565863.7, the preservation of mobile home units is encouraged as they-provide an Program f lead Target Completion Status Agcy Rear Date variety-of Planning Annual Progress Ongoing Housing-Types . Evaluation Between January 1, 2000 and January 1, 2010 produced. Another 3,010 units were in the Commission Program-2.A.241\Aanufacture4Hemes P+annir3f; 2005 Progress 944ge4ng The City's Development-- Code—(Rancho the Cucamonga Municipal Code (RCMC) . -. . ..... Cede • - . - all. s dential district. _ .. . the cost of vacant land there have been no foundation system ... on lots zoned -for Evaluation - - - - : _ . _ .••duets lac-fr.-of-demand, Program 1.A,3r Manning Annual Progress Ongoing RDA Mobile home parks are permitted in all Discourage the conversion of existing mobile _ _• - - - - maintain-a--vakabie-soafee-e€-affordaable Parks. No requests for mobile home park City of Rancho Cucamonga HE-B14 2013-2021 Housing Element-Revised Draft January 15,2014 P250 imakeatien pa-r-k-eeRver-sfens Fl -nine Annual Progress : . -: ••• increase of 13 complexes and 4,604 units since January-1-_-2000- ulti family-d. a Fvaluatien No-requests-for suernitted-Ouring-the-planning-perleili • • • • • , • ' ' • _e • •• . • • to 2005 Housing Element planning period. The City utilizes a variety of resources to ensure that • • •. . - _ • - - • _ - _ • . .. - - • •- • - . - - --. • _••- - . _• • -•- -- • . . - _ • ' - - • - •-• .. • . • - ' -- ••-• - - _ - '_ • _ -- '_ • -- - - .• - - - - - family lots, as well as identifying zones for emergency shelters in all zones. The subject a-nendt ents are -.. • - -• - . •.•• . e -EE kew7Lew-An64nRederete- tear' Target Completion irnotereentotion-Attions Status Agony Year Date RDA Annual Progress Or+yc-wl- • - - - -- :. .-- ; .- ; •_: range: •:. •- - - •- : .•: rental-units: - -for-lower Evaluation • fvnr'swere litilited4e-assist-41.44e-acquisitien-ef-t-he-14-7- HAIL- ' :::.. .. .:...... •.; .. ..... e-Verde-Emit. City of Rancho Cucamonga HE-B15 2013-2021 Housing Element-Revised Draft January 15,2014Draft March 27,2013 P251 RSA Annual Progress Ongoing Program - - - -. secenck ineerme. Evaluation period, _ RSA Annual Progress Ongoing Monitor restricted, affordable housing _- preduetien_ it in th eeleveloo ent area: Evaluation As of January 1,2010, a total of 2,424 Planning, 2002 Progress 2082 RSA -- ::•- :.' -••• density bonus and other regulatory households" and to "facilitate the Y= Evaluation -2,A44 RDA Annual Progress 9ngeing households:- aarninistered-by-HACSB, Evaluation Platy, City of Rancho Cucamonga HE-B16 2013-2021 Housing Element-Revised Draft January 15,201 P252 PGA Aanaai - Progress Ongoing ofeu54g- Evaluation RDA Annual Progress Ongoing The RDA completed the 2005 2009 • utilizing . Evalvatiea Program-2,$4: Planning ARRUa4 Progress Ongoing RDA may- Promote efforts to define both the size and :::. . ':• '• Evaluation those-needs -- • Pianni Ig Annual Pregreus Ongoing —Assist-the- .. _ y community groups to provide temporary Evaluation -• • -•. P!;;rnint! 2882 Progress 2002 —for establishing City of Rancho Cucamonga HE—B17 2013-2021 Housing Element—Revised Draft January 15.20148raft-MaFeh-27r 20313 P253 anenymo s-address , districts. Since the adoption of this amendment, iralUatier+ Administr. • . • • ---- - . within-the-City, . --•• • :••• - Planning Annual Progress Onge Program Continue this program and icipatewiththe • arise: program iw1Yatipn Encourage the County to develop a Ilomeless Coalition are to identify needs, the-work of profit providers offer most of the homeless 1i-nits Planning 200S Progress 2045 t dcv nt reguiations. Evaluation In-2002-theGity facilitating-the Title 2" plic •-Construction. The Enforce and regulate the disabled _• . - . .... .. andards - - -• - regulations, apply--te Evaluation projects rind ,180 residential u -- .. - .•-+melt+ family-anits , e . . , . e . e e City of Rancho Cucamonga HE-B18 2013-2021 Housing Element-Revised Draft January 15,2014Draft""arch 27 2013 P254 lead Target Gents:44+en Status y Year Bate Planning Annual Progress 0-`€a`s . ;. ._ .. _.. .-: e -•_• landlord/tenant counseling -- eases—when- conditions warrant. On a Fair housing--services cl d.. basis. 4444, Landlord/tenant -- eeunseling '"des assistance with the resolution of Evaluation -2800-2004 ts.: bon of-322 residents received-fairand 1,033 residents ce i yeeod-landle Consolidated Plan will likely assist a i s a a s -.. .• _ ... .- _ - - !. . . .. . from all City Departments, including Police and Fire regarding safety concerns. Residential projects are lead Target � Status Amy xea« gate Wegra04-4,A41•Resldentiaf$esign Planning, Annual Progress �F t3uliding; . te-t e-carw. the natural projects review- • e\tha a de ned to yrOtect'the-°n ue e,ide,n �..l ^.ig„-afl standards are- Y . - .. . - .. •• . •- - - - 4ncludes hillside-areas: : -• •'. ,.... City of Rancho Cucamonga HE-B19 2013.2021 Housing Element-Revised Draft January 15,201 P255 gvalteation During the planning period—numerous pereent-slepe:. • • •- _ Planning, Annual Progress Ongoing ConcernsBuilding Eng. Evaluate residential projects for safety design, as well as unit design and Evakuatien Program 4.A.3: Crime Prevention Through Beiidi+rg Annual Progress Ongoing measurement-of- lie , ,bli and sem Utilize CPTED concepts to evaluate single private areas in relation to intended and family and multi family residential unintended uses. In the 1990's a CPTED study developments. was utilized to focus on commercial -. - • . .• , , -• to improve :: -• crime—was—not—considered a problem for commercial development in the City. CPTED analysis capability, as well as increased commuunicat reviewing--projects from a public safety perspective. Evaluation CPTED methods design—review for all projects in the City, including residential multi family projects. the adoption of design guidelines for commercial projects, as well as-applicable communities. As such, much of the housing stock in these pm City communities was built prior to 1970 order to address this housing condition, t-he City has made a comprehensive effort to develop programs during the 2000 to 2005 Housing Element planning period to conserve the existing housing stock. As key components for the preservation of older residential units, the City has-encouraged participation in been preserved while 35 properties are being managed with active Mills Act contracts. in order to preserve aging portions of the community, particularly southwest Rancho Cucamonga,the RDA City of Rancho Cucamonga HE—B20 2013-2021 Housing Element—Revised Draft January 15,2014Dcaft Mace",-, 20 P256 -- - - • • -- - - - - - - - - - - . - - 5 - . - to their residences. These programs have proven worthwhile in that over 240 residents were assisted • _ _ . • ... II• -- -••- •_ - - •- throughout th-e City, -- -• _ . - - - _ .. - • - .• - . -- - . - - -- ' program has proven effective for income qualifying residents. .... _ .. . bead Target Statue Completion knolementation-Aetions Agency Year Pate Manning Annul Progress Ongoing City has addressed the preservation-ef--3 structures. Addi Mills-Act-contracts. _ :seQuesis kayo bees-received Recognize the unique contribution to the City's-heritagebyh ! Develop programs to encourage the requirements structures. Evaluation The-City--will--coati ue--fie emphasize thhe of historic 6886-funding; Punning, Annual Progress Gngorng 8uildrr+g; The-RDA-actively-. ' - • • ._ - _ y- eze,€ -t €ity-with Fire; activities. In 1°93 the RDA assisted in the concentrations of older or deteriorating Code Enf, housing—nits--that-nay- -targeted aer Police, RDA development of new affordable units in the In order to ensure a continued supply of efforts; however, in - •he ^^.ly Evafuatien .: • . :-..targetarea•by the-quartile City of Rancho Cucamonga HE-B21 2013-2021 Housing Element-Revised Draft January 15,2014 P257 •• • ---- --- - --- - : --- Planning, Annual Progress Ongoing Grant-5 C-DR6 : :. . : .. . materials owners: Evaluation The City has met or c eclecl-its annual gear Program 5.8 3T - Planning, Anr ,l Progress Ongoing Leans E9136 repair—lean—pfegrom—t-hat—efleFs—beth requests-for-assistance, Evaluation mobile-homes: - .. • . . -• - - •-, _ : Eng Annual Progress Ongoing Planning, Provide public improvements and €4;8€ community facilities such as street .. - - neighborhoods. _ Evaluation Promote efforts to ensure that all improvements, wheelchair ramps, street facilities: •..: - ---. .--: : --..- . : .. Cedetnf. Aral Progress g Evaluation Street.aREI-Staffer4Street-.. of Center Avenue. beds: Ali Annual Progress g Bepti.; :. ... ..... .- ::. City of Rancho Cucamonga HE-822 2013-2021 Housing Element-Revised Draft January 15,2014Or;fch 2,7,2013 P258 Enforcement. °..- le th ageewnersef properties y. : :. ,.. Evaluation Program where income-eligible -- !!! !! --•• . _ • -- • - • business image which has resulted in many businesses locating in the City ranging from logistics to manufacturing businesses. bead Target fetus Completion agenby year Date RBA; annual ?regress Ongoing Planning The •• -- •. irtdastFy-in-the-Gity-t4trough-promet4onal activities and through removal of level::••-• - _ . .. . asecontrols,a Evaluation .- _ --•-- --avarietyof their strategic plan that have leveraged the business e, ed Target-and a-now -. in 2004, the email City of Rancho Cucamonga HE-B23 2013-2021 Housing Element-Revised Draft January 15,2014 P259 The-identified Housing Element, Building, Annual Pregresc GRgaiRt Planning, This—monitoring--system-is in place and the :. Eng. :. .:. :• '•.- ::. •. in-dasHral-projects= projects. Evaluation This program is on going and allows staff to provide ap-to-date-¢reject the information is accessible by different public- accesn'he 4—leasing—Element: . _ iel Aevefepa nts Lead Target Eompietion implementat.ion-Actions Slaws Agency Year Bate • Building Annual Progress G4P4448 The City-,adapted--the-C-8E •'h ch ^ tabrshes - - • requirements-of-the CBC, specifically Title 24 which-relates-taenergy efficiency: Evaluation the--utilization of, energy and resource Thy-Building ar Safety -Department and enforcement of the State energy code,City State-aridl niform8aildin -C-edes: policy atements. . 2008-20-14-Housing-Element Planning, Anftual Progress Oneoing City of Rancho Cucamonga HE-B24 2013-2021 Housing Element-Revised Draft January 15,2014Dca#t March 27,2013 P260 Implement energy efficient design Building . efficient energy design guidelines and Evaluation Polit met• • .:•: . . • . ::,3474 in-the a• Planning Annual Progress C- go+nz Increase the public's awareness and - _ irrigation design. All new residential, Efficient andsc.ape Ordina....e, comply. .. Evaluation Theidentified-implers+e+ting-actionis-a-program and-wiill note-inc-1 ed-as 2008 2014 Housing Element- • , i . . • . • , , , • , • i • . The removal of governmental constraints in order to encourage and facilitate the construction of housing public services. The City of Rancho Cucamonga will Ise to feview and update fees and the methodology on which these fees are based in the next housing element planning period. •• -- -- • • --- -- -- ... .-. -. - to submittal to facilitate a more str amlined review. The City of Rancho Cucamon-a will continue to • . .- - - - - ..• . . Cool-B W h e r e•. •••• - _. - ..... . .• . • Lead Tattset status Cenapletion Agency Keen Bate Planning. Anneal Progress C9gc■,-t --Penedically-r 8uilding fee study-to-determinetlnesefees to bose&4n-e F elJ ec- FceTVTned tv. Evaluation community. Continue theannual rewew-andepelate of City —Charge—only those fees necessary—to and charge only those fees necessary to City of Rancho Cucamonga HE-B25 2013-2021 Housing Element-Revised Draft January 15,2014^-ak`"arch 27,2013 P261 Program 8..4,2;Permit Processing Planning; Annual Progress :•;gc-i-,t Eng- cite, B and-handouts multiple techniques, including staff • ... - .._ lnfoeeat'ion--i$-aso provided at the u=.rc counter, articles in the City's newsletter, —applicants; with Preliminary Review applications to address stages of projectdevelepmeat: Evaluation - ir,the Provide information early in the process h r -costs; applications. Planning; Annual Progress Gr ng Procedures Eng, Tf�e•'-••'- Building . . . - .. Evaluate processing--procedures for all tip procedures. ,. .• : :finance These prof-educes-are , Evaluation possible- recommend fes. ----- -- - - • • -- - • • -. - . adopted by the State Legislature. •. • - _ • - •_ • _ . . .• - • . - • . - - - • . - -_ . - _ . • ! • - . . . . • • - •- - a non profit agency, or enter into contracts to preserve restricted affordable units. • • • . • • • - - • . . .. . . . .. reviews and adopts the City fee schedule. City of Rancho Cucamonga HE-B26 2013-2021 Housing Element-Revised Draft January 15,201 P262 .. - - _ Leath Target stagy completion Age-Rey Year gate RDA 2965 Progress Ongoing The did Mf posed the.200!1 I ousing Elc..nent..date.. unit's: Evatuatien The City recognizes the importance of .L •• C$86 RDA Annual Aregress Annu.34 Repenting • forwarded to the City Council. The CDBG peegFaetts sehedale: Evaluation Program action complete. The RDA planning 2010 .regress 2010 State I egislature: Evaluation in4he-2098-2044-1-lausing-EieFnent, City of Rancho Cucamonga HE—B27 2013-2021 Housing Element—Revised Draft January 15,2014Deaft More 0 2'7 207 P263 City of Rancho Cucamonga HE—B28 2013-2021 Housing Element—Revised Draft January 15,201. P264 APPENDIX C: VACANT UNCOMMITTED RESIDENTIAL LAND INVENTORY The City undertook a comprehensive inventory of vacant uncommitted residential land as part of the 20132.088 Housing Element update. The results identify vacant land in all residential districts, except Medium High, with 252312 parcels totaling 425.408-7946 acres. Only vacant sites were considered; underutilized sites,which would require further analysis based on market demand,were omitted from the land inventory as sufficient vacant land exists to accommodate the RHNA. The identified density is not an approval of project density, but is used merely to represent the potential development on the site. In calculating the minimum number of units that could be built, the assumption was made that all identified lots were buildable, provided all applicable development standards are met. Vacant Parcels N lri; } S. �■..,....11.0. _ _a., „ .,..__ Tio-7-----t.--."-a-, - --. r } Z nr, i ,Y, i` lUll 1 I, di�'�+ "��' 'I1 1 •►__.Irl� _ ,171"I lei _I7f■ s7e.g. ' ■ ... •• FE= .-%,. ; •=Fili . •1 jI R_it;l" l \1b ,.. a-, s• Pig I r is lir—' .I 7'1 r ` 1 ♦♦ .♦ u�sp i � :a � , it G.�Li 01F iambi! .•_ ` . I ltes tu a T::f .. s_� rI-�r.._ . ;: NItg smr31 Legend .` r ...1INI 1:1. 4�ti 1 1�- 11��°--�a:i�11=�lak.l "�., : �' r drGN Bo Boundary - 0tE_a i h 5, i i Q�91A7/r M:. 1116--"ills". : !At ElKai �-.al �:a .B� . . �t Vacant Parcels Parcels ii111 ailt ,Ll Ik� � .� k �le� v 1. 0 05 t 2 -.tan-1W Mlles . hee= I :/®ill'-limo! in a..1werca GIRL crso City of Rancho Cucamonga HE-C1 2013-2021 Housing Element-Revised Draft January 15,20148raft a-. eR47 2 13 P265 Vacant Parcels N rt .■ \ r �.d:t . A En I Ilnig_2.4' ■ . II OA- 1. . 1 . 1. ,fly aJ 1. -J "�i -= _ ,lUlti x',11 .i l,. A ►... .N1�� 11�„. lrw .iii 1:r a' N.. 4 �e — i •�1 �I 1 =�I� f - ■ .t L. - yw1 ,.._ 1 ■ -r.■ .-re ■ i -el T III i R.JN • •■ - . ,a- !- -_- `i it■ -r .� s i illl�5ll� 111 (� �i�i la . PiL Yti♦ .,� Z---2r5' 'do IF iaa.,■ ay fri :�. Legend �� ■ irr!IV Iii!i' .r y l.4 .i ,•• =If C Boundary aN`,��'� �wL== 4�. .,_'.:' :�..7L1� ate..../ l,�����' ■• ;i�: !rail :aLalil r;. ��m la it �ilF. ..q* Vacant Parcels -.:-_-_,•„•'1,,,i•:P:!?1I:ilos sal f`---_s..r::-- is • r—�°y IF L= ` iJ Part efs _ gym:: ':tr.n1: i1■+-.'w.: =t�! jlEgtil 0 0 5 1 Miles 1. . -.. ail:... . .....!11 . aw.aer cwaACwsawo - . - - o2o7r20+3 Projected Unit Development from Vacant Uncommitted Land Land Use Vacant Uncommitted Units at 50%of Density Units at 75%of Density (Minimum-Maximum) Acreage Range' Range HR (<.1-2 du/ac) 0.98104.22 13:01 1151 ER (<.1-1 du/ac) 27.7737.51 273.6 2736 VL (<.1-2 du/ac) 195.18443.51 234465 297664 L (2-4 du/ac) 57.9473.52 181232 198254 LM (4-8 du/ac) 115.5338456 6901,081 8031,261 M (8-14 du/ac) 21.9421.83 234230 269266 MH (14-24 du/ac) 0.00 0 0 H (24-30 du/ac) 6.0617.71 163476 172502 Total 425.40879.86 1,530262 4 1,7673 24 1. Density range totals were achieved by totaling the numbers in the following tables. Source: Rancho Cucamonga Planning Department Hillside Residential District The Hillside Residential (HR) District is intended as an area for very low density single-family use and is designed to maintain the natural open space character of the area, minimize erosion, provide for public safety, protect natural resources, and establish design standards to provide for limited development in harmony with the environment. The maximum density may not exceed 2 units per net buildable acre. The district is located in the extreme northwestern portion of the City and is generally characterized by large rural residential lots on steep topography, and numerous development constraints including steep slopes, close proximity to City adopted earthquake fault zones, high fire hazard,sensitive habitat,excessive grading City of Rancho Cucamonga HE-C2 2013-2021 Housing Element-Revised Draft January 15,2014Draft March 27,2013 P266 requirements,and limited access. Properties are served by utilities, including water,electrical,gas,but these parcels are not served by a public sewer system,and instead require on-site septic systems. Because of their size requirements these parcels are generally considered too expensive for affordable housing opportunities. Vacant Uncommitted Residentially Zoned Parcels—Hillside Residential(HR) District—0-2 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 20005107 31.52 148 3-1 47 20005157 17,66 H-R 1-7 2-6 2000-54 -7 51-86 HR 54 76 20006108 1.18 H-R 1 1 20044151 0.98 HR 1 1 0.98I83. Total 40 1104 1164 Source: Rancho Cucamonga Planning Department Estate Residential District This Estate Residential (ER) District is intended as an area for very low density residential use, with a minimum lot size of 20,000 square feet and a maximum residential density of up to 2 units per acre. The district is located in the northeastern portion of the City and is generally characterized as large rural residential lots on relatively steep slopes, limited access, high fire hazard, sensitive habitat, and utility constraints. Properties are served by utilities, including water, electrical, gas, but these parcels are not served by a public sewer system, and instead require on-site septic systems. Because of their size requirements these parcels are generally considered too expensive for affordable housing opportunities. Vacant Uncommitted Residentially Zoned Parcels—Estate Residential(ER) District—1 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 22511107 7.32 VL 7 7 22511108 5.00 VL 5 5 22511137 2.42 VL 2 2 22512242 8.55 VL 8 8 22512267 7.23 VL 7 7 22512283 1.10 VL 1 1 22512288 0.32 VL 1 1 22512291 4.55 VL 4 4 22512296 1.02 VL 1 1 27.7737T Total 63 2736 2736 Source: Rancho Cucamonga Planning Department Very Low Residential District This Very Low (VL) Residential District is intended as an area for very low density residential use, with a minimum lot size of 20,000 square feet and a maximum residential density of up to 2 units per acre. The district is located in the northern portion of the City and is generally characterized as large residential lots on relatively steep slopes, limited access, high fire hazard, sensitive habitat, limited access, and utility constraints. Properties are served by utilities, including water, electrical, gas, but these parcels are not served by a public sewer system, and instead require on-site septic systems. Because of their size requirements these parcels are generally considered too expensive for affordable housing opportunities. Vacant Uncommitted Residentially Zoned Parcels—Very Low(VI)Residential District—0-2 du/c APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 20118207 0.88 VL 1 1 City of Rancho Cucamonga HE—C3 2013-2021 Housing Element—Revised Draft January 15,201412441-Marc-4-2-77-2013 P267 20118228 2.75 VL 2 3 20118232 1.89 VL 1 2 20118233 0.46 VL 1 1 20118234 0.51 VL 1 1 20118237 0.75 VL 1 1 201183238 0.37 VL 1 1 22511109 5.00 VL 5 7 22512205 3.25 VL 3 4 22512256 3.89 VL 3 4 22513111 1004 Vk 10 15 22513114 1000 VL 10 15 22513121 14.03 VL 14 21 22517404 4-75 Vl 4 7 22518135 0.19 VL 1 1 22518138 0.40 VL 1 1 22518173 3.36 V- 3 5 22519103 9220 Vk 9 .13 22519104 9:20 VL 9 13 22519109 4.60 VI 4 6 22519110 4.20 VL 4 6 22519113 63-1 VL 6 9 22519115 28.67 Vk 28 43 22519117 5.01 VI 5 7 22519132 0.44 VL 1 1 22519136 5.5470 VL 5 8 22538106 2.61 Vk 2 3 22608105 18.63 Vk 18 2-7 22608406 20,00 S22608407 VI 20 30 2' 08107 8:00 VL 8 12 22608108 12.00 VL 1-2 18 22608111 980 VL 9 14 22608113 45 VL 4 7 22608115 4:55 VL 4 7 22608116 445 VL 4 7 22608117 3,50 VL 3 5 22610202 500 VL 5 7 22610203 3.76 VL 3 5 22610204 1.00 VL 1 1 22705103 9.15 VL 9 13 22706174 5:00 VL 5 7 22706175 9.15 VL 9 13 22706182 3.28 VL 3 4 22712145 0.48 VL 1 1 22712154 4.17 VL 4 6 104311405 &25 VE 1 1 106108405 048 VI 1 1 106110114 0:88 VL 1 1 106117209 0.74 VL 1 1 106117220 0.87 VL 1 1 106119109 0.47 VL 1 1 City of Rancho Cucamonga HE-C4 2013-2021 Housing Element-Revised Draft January 15,2014Draft March 27,2013 P268 160119118 0.26 VL 1 1 106120109 0.45 VL 1 1 106121120 0.49 VL 1 1 106121128 0.46 VL 1 1 106121129 0.46 VL 1 1 106123113 1.01 VL 1 1 106123132 0.61 VL 1 1 106123133 0.61 VL 1 1 106125120 0.46 VL 1 1 106125121 0.40 VL 1 1 106125133 1.00 VL 1 1 106127111 031 Vk I 1 106138117 0.57 VL 1 1 106138125 0.48 VL 1 1 106138125 0.48 VL 1 1 106138126 0.50 VL 1 1 106138127 0.48 VL 1 1 106138128 0.51 VL 1 1 106138129 0.58 VL 1 1 106138130 0.61 VL 1 1 106138131 0.54 VL 1 1 106141112 0:50 VI 1 1 106145105 11.33 VI 11 16 106145105 11.33 Vk 14 16 106150102 4.13 VI 4 6 106150103 12.41 VL 12 18 106151106 3-08 V6 3 4 106151107 047 VL 1 1 106151110 0.51 V1 1 1 106151112 20.85 V6 20 31 106151115 6.35 VL 6 9 106151120 0:6-3 VL 1 1 106155101 8:95 VE 8 13 106160106 1.256 VL 1 1 106161114 0.45 VL 1 1 106161115 0.57 VL 1 1 106161116 0.55 VL 1 1 106161117 0.46 VL 1 1 106161118 0.52 VL 1 1 106179103 0.71 VL 1 1 106179116 0.62 VL 1 1 106180116 0.61 VL 1 1 106180118 0.45 VL 1 1 106180121 0.46 VL 1 1 106180123 0.46 VL 1 1 106180128 0.52 VL 1 1 106180131 0.47 VL 1 1 106181123 0.49 VL 1 1 106181129 0.46 VL 1 1 106206112 0.61 VL 1 1 City of Rancho Cucamonga HE-CS 2013-2021 Housing Element-Revised Draft January 15,2014E/FA-March 27,2013 P269 106206113 0.61 VL 1 1 106221106 0.43 VL 1 1 107404101 0.941.25 VL 1 1 107405103 3.03 Vt 3 4 1$740813 2.01 Vt 2 3 107410121 3.18 VL 3 4 107412103 0•-54 VL 1 1 107412104 0.58 VL 1 1 107412111 0.62 VL 1 1 107412114 0.50 VL 1 1 107420105 4.75 VL 4 7 107422123 1.18 VL 1 1 107422125 1.98 VL 1 2 107423105 0.33 VL 1 1 107423132 0.48 VL 1 1 107423133 0.48 VL 1 1 107423134 0.45 VL 1 1 107423135 0.46 VL 1 1 107423136 046 VL 1 1 107423137 0.54 VL 1 1 107423138 0.72 VL 1 1 107426133 0.53 VL 1 1 107426134 0.51 VL 1 1 107428108 0.82 VL 1 1 107428110 2.01 VL 2 3 107431108 0.52 VL 1 1 107431112 1.04 VL 1 1 107431113 0.59 VL 1 1 107431119 0.53 VL 1 1 107432104 0.46 VL 1 1 107432109 0.48 VL 1 1 107432111 0.75 VL 1 1 107433107 1.00 VL 1 1 107434117 0.52 VL 1 1 107436110 0.49 VL 1 1 107446102 0.46 VL 1 1 107447112 0.49 VL 1 1 107447-126 0784 VL 1 4 107447127 9-5A VI 4 1 107447130 1.00 VL 1 1 107449122 0.54 VL 1 1 107449124 0.51 VL 1 1 107449128 0.48 VL 1 1 107449130 0.48 VL 1 1 107450102 0.46 VL 1 1 107450113 0.46 VL 1 1 107452123 0.50 VL 1 1 107453109 0.48 VL 1 1 107453114 0.52 VL 1 1 107454102 0.73 VL 1 1 City of Rancho Cucamonga HE-C6 2013-2021 Housing Element-Revised Draft January 15,20140-aft March 27,2013 P270 107454103 0.78 VL 1 1 107454115 0.52 VL 1 1 107454116 0.91 VL 1 1 107454117 0.58 VL 1 1 107454120 0.56 VL 1 1 107455109 0.62 VL 1 1 107455118 0.49 VL 1 1 107455122 0.71 VL 1 1 107455127 0.56 VL 1 1 107455128 0.61 VL 1 1 107456111 0.56 VL 1 1 107456116 0.52 VL 1 1 107456124 0.46 VL 1 1 107456125 0.46 VL 1 1 107456126 0.46 VL 1 1 107456127 0.46 VL 1 1 107456128 0.45 VL 1 1 108708126 37.73 LPL 3.7 56 108708131 6.20 VL 6 9 108708133 37.73 VL 37 56 108951101 9.75 VL 9 14 108951103 0.25 VL 1 1 195.1844 Total 3,44 234445 297664 Source: Rancho Cucamonga Planning Department Low Residential District The Low (L) Residential District is intended as an area for single-family residential use, with a minimum lot size of 7,200 square feet and a maximum residential density of 4 units per gross acre. Most of the identified lots were created in older subdivisions and the available lots are generally older infill lots. There are limited constraints on development as utilities, including water, sewer, electrical, and gas are readily available; constraints on development may result from the small size of some identified parcels. There are generally no environmental constraints to development as these parcels are located in areas surrounded by existing residential development. Vacant Uncommitted Residentially Zoned Parcels-Low(L) Residential District-2-4 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 20118207 190 1 3 3 20118237 0:75 L 2 2 20118238 0.37 L 1 1 20125148 0.49 L 1 1 20172101 0.32 L 1 1 20182151 3.58 L 10 12 20204153 0.25 L 1 1 20207104 0.20 L 1 1 20207110 0.17 L 1 1 20208216 0.09 L 1 1 20208219 0 1 1 1 20208233 0.48 L 1 1 20209102 0.33 L 1 1 City of Rancho Cucamonga HE-C7 2013-2021 Housing Element-Revised Draft January 15,2014Dfa#-Ma ch 27,2013 P271 20209134 0.22 L 1 1 20235136 1.00 L 3 3 20246161 1.51 L 4 5 20246162 0.82 L 2 2 20702216 0.13 L 1 1 20702227 0.12 L 1 1 20702256 0.335 L 1 1 20702268 04-5 L 1 1 20704429 0.23 L 1 1 20705202 0.18 L 1 1 20705320 0.21 L 1 1 20705333 0.09 L 1 1 20705337 0.18 L 1 1 20706219 0.64 L 1 1 20708288 0.25 L 1 1 20717124 0.17 L 1 1 20724208 048 L 1 1 20724209 0.18 L 1 1 20724218 0.11 L 1 1 20724408 0.17 L 1 1 20763101 0.34 L 1 1 20763103 0.35 L 1 1 20763104 0.35 L 1 1 20763105 0.35 L 1 1 20763106 0.35 L 1 1 20763108 0.35 L 1 1 20764101 0.32 L 1 1 20764102 0.58 L 1 1 20764103 0.64 L 1 1 20764104 0.53 L 1 1 20764105 0.49 L _ 1 1 20764106 0.40 L 1 1 20764107 0.38 L 1 _ 1 20764108 0.30 L 1 1 20764109 0.30 L 1 1 20764110 0.31 L 1 1 20764442 02-7 L 1 1 20803159 1.50 L 4 5 20809144 1.00 L 3 3 20809177 0-28 L _ 1 1 20816239 0.31 L 1 1 20816240 0.30 L 1 1 20816242 0.31 L 1 1 20816243 0.34 L 1 1 20830222 0.08 L 1 1 20837713 0.12 L 1 1 20906102 048 1 1 1 20906211 0.19 L 1 1 20906325 0.04 L 1 1 20908509 0 717 1 1 1 City of Rancho Cucamonga HE-C8 2013-2021 Housing Element-Revised Draft January 15,20140ca#t-MacE# 2013 P272 20908515 0.36 L 1 1 20908516 0313 L 1 1 20910203 0.17 L 1 1 20910223 0.16 L 1 1 20910230 0.16 L 1 1 20910302 0.17 L 1 1 20910310 0.17 L 1 1 20910317 0.17 L 1 1 20910332 0.14 L 1 1 20910333 0.10 L 1 1 20910437 0.07 L 1 1 20910438 0.05 L 1 1 20911112 0.18 L 1 1 20911117 039 L 1 1 20911118 03-9 L 1 1 20912110 0.17 L 1 1 20912128 0.17 L 1 1 20912201 0.28 L 1 1 20912218 0.17 L _ 1 1 20912219 0.17 L 1 1 22516113 3.62 L 10 12 22516119 0.56 L 1 1 22516132 2-00 L 6 7 22516133 1.46 L 4 5 22516134 5.00 L 15 17 22705131 4.43 L 13 15 22706157 5.00 L 15 17 22706173 3.98 L 11 13 22706173 3.98 L 11 13 22706174 5.00 L 15 17 22707127 0-53 L 1 1 22712137 100 1 3 3 22712153 4.76 L 14 16 22724226 0.16 L 1 1 22725311 036 1 1 1 22734151 0.75 L 2 2 106238107 0,28 I 1 1 107707107 1.04 L 3 3 107707111 0.71 L 2 2 107727110 0.65 L 1 1 1087284-02 0.26 1 1 1 57.9473,6 Total 3 181333 1982-54 Source: Rancho Cucamonga Planning Department Low-Medium Residential District The Low-Medium (LM) Residential District is intended as an area for low-medium density single-family or multiple-family uses with site development regulations that assure development compatible with nearby single-family detached neighborhoods. Residential densities are expected to range from 4 to 8 units per gross acre maximum. There are no constraints to development as utilities,including water,sewer,electrical, City of Rancho Cucamonga HE-C9 2013-2021 Housing Element-Revised Draft January 15,20144)ra*t March 27,2013 P273 and gas are readily available to these sites; constraints to development may result from the small size of some identified parcels. There are generally no environmental constraints to development as these parcels are located in areas surrounded by existing residential development. Vacant Uncommitted Residentially Zoned Parcels—Low-Medium(LM) Residential District—4-8 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 20127215 948 LM 59 69 20127216 9-46 6M 59 69 20127217 9.58 LM 57 6-7 20127218 4726 L-M 2-5 29 20213126 0.08 LM 1 1 20213127 0.08 LM 1 1 20213129 0.08 LM _ 1 1 20213130 0.08 LM 1 1 20213141 0.16 LM 1 1 20213172 0.21 LM 1 1 20213173 0.21 LM _ 1 1 20829106 0.52 LM 3 3 20832124 17.97 LAM 107 125 20833117 2.45 LM 14 17 20833118 5.46 LM 32 38 22701224 1.91 Lim 31 13 22713103 5-00 LM 30 35 22713117 0.51 LM 3 3 22713138 5.00 LM 30 35 22713139 1.68 LM 10 11 22714167 0.22 LM 1 1 22714171 0.88 LM 5 6 22904109 80.80 LM 484 565 ' 108903115 4.35 LM 26 30 1089031164 4.35 LM 26 30 1089031354 5.08 LM 30 35 110001102 1.89 LM 11 13 110004110 0.21 LM 1 1 110005103 1.03 LM 6 7 110017110 0.20 LM 1 1 110019105 9788 LW 54 63 115.53 .&4 Total 46 6901,984 8031464 Source: Rancho Cucamonga Planning Department Medium Residential District The Medium(M)Residential District is intended as an area for medium density multiple-family use,with site development regulations that assure development compatible with nearby lower density residential development. Residential densities are expected to range from 8 to 14 dwelling units per gross acre maximum. There are no constraints to development as utilities, including water, sewer, electrical,and gas are readily available to these sites; constraints to development may result from the small size of some identified parcels. There are generally no environmental constraints to development as these parcels are located in areas surrounded by existing residential development. City of Rancho Cucamonga HE-C10 2013-2021 Housing Element-Revised Draft January 15,2014Oca€i March-2-7,-2013 P274 Vacant Uncommitted Residentially Zoned Parcels—Medium (M)Residential District—8-14 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 20210107 2:94 M 22 2-5 20213126 0.08 M 1 1 20213127 008 M 1 1 20213129 0,08 M 1 1 20213130 0,08 M 1 1 20213141 046 M 1 1 20213161 0,84 M 9 10 20213162 1.17 M 1-2 14 20720101 04 M 8 10 20720103 0.45 M 4 5 20720110 0.42 M 4 5 20720111 0.42 M 4 5 20720120 0.52 M 4 5 20720121 0:80 M 8 10 20720122 0,04 M 1 1 20720123 0.49 M 4 5 20720124 0.38 M 4 5 20720128 0.41 M 4 5 20720194 10.72 M 117 1-34 20832124 17.97 M 197 224 22713154 0.58 M 6 7 22713161 0.30 M 3 3 110005103 1-03 M 11 1-2 21.9424,8 Total 3 234240 269266 Source: Rancho Cucamonga Planning Department Medium-High Residential District The Medium-High (MH) Residential District is intended as an area for medium-high density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development. Residential densities are expected to range from 14 to 24 dwelling units per gross acre maximum. There are no constraints to development as utilities, including water,sewer,electrical,and gas are readily available parcels within this district. There are generally no constraints to development as parcels in this district are located in areas surrounded by existing residential development. Vacant Uncommitted Residentially Zoned Parcels—Medium-High(MH) Residential District—14-24 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range No Vacant Parcels 0.00 MH 0 0 Total 0.00 0 0 Source: Rancho Cucamonga Planning Department High Residential District The High (H) Residential District is intended as an area for high density multiple-family use, with site development regulations that assure development compatible with nearby lower density residential development. Residential densities are expected to range from 24 to 30 dwelling units per gross acre. There are no developmental constraints to development as utilities,including water,sewer,electrical,and gas are readily available to these sites. There are generally no environmental constraints to development as these City of Rancho Cucamonga HE—C11 2013-2021 Housing Element—Revised Draft January 15,2014Dr ft-Maf h 27,2013 P275 parcels are located in areas surrounded by existing residential development. Vacant Uncommitted Residentially Zoned Parcels—High(H) Residential District—24-30 du/ac APN Acres General Plan Units at 50%of Density Range Units at 75%of Density Range 22716110' 5.00 H 135 142 107742221 0:94 H 25 2g 107742222 0.80 H 2-1 22 10774222S 9.91 H 267 282 1089581041 1.06 H 28 30 Total 6.06 1 16347.6 172 Source: Rancho Cucamonga Planning Department City of Rancho Cucamonga HE—C12 2013-2021 Housing Element—Revised Draft January 15,2014Draft March 27-2913 P276 CTATF OF CAI IFORNIA-BIISINFS3_CONSIIMFR SFRVICFS AM"HOII.SING A(tFNCY PO„ .i G BROWN I- Gnye .r DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT .' e 2020 W.El Camino Avenue,Suite 500 _ Sacramento,CA 95833 (916)263-2911 1 FAX(916)263-7453 N4 w.hce.ca.gov °lin ORS* January 7, 2014 Candyce Burnett, Planning Manager • City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Dear Ms. Burnett: RE: Review of Rancho Cucamonga's 5th Cycle (2013-2021) Draft Housing Element Thank you for submitting the City of Rancho Cucamonga's revised draft housing element update received for review on April 5, 2013, along with additional revisions received on December 23, 2013. Pursuant to Government Code (GC) Section 65585(b), the Department is reporting the results of its review. A telephone conversation on January 6, 2013 with Mr. Thomas Grahn, Associate Planner, facilitated the review. The revised housing draft element meets the statutory requirements described in the Department's June 4, 2013 review. To remain on an eight year planning cycle, pursuant to Senate Bill 375 (Chapter 728, Statutes of 2008) the City must adopt its housing element within 120 calendar days from the statutory due date of October 15, 2013 for SCAG localities. If adopted after this date, the City will be required to revise the housing element every four years until adopting at least two consecutive revisions by the statutory deadline (GC Section 65588(e)(4)). For additional information on housing element adoption requirements, please visit the Department's website at: http://www.hcd.ca.Qov/hpolhrc/plan/he/he review adoptionsteps110812.pdf. The Department commends the City for its commitment to assisting in the development of affordable housing, such as Villaggio project and the San Sevaine Villas project. These projects combined would provide a total of 354 affordable units. Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. The Department appreciates the hard work and dedication of Thomas Grahn, Associate Planner, in preparation of the housing element and looks forward to receiving Rancho Cucamonga's adopted housing element. If you have any questions or need additional technical assistance, please contact James Johnson, of our staff, at (916) 263-7426. Sinc�ly, y, e Glen A. Campora Assistant Deputy Director EXHIBIT B P277 CCe4STAFF REPORT h PLANNING DEPARTMENT L J DATE: March 27, 2013 RANCHO TO: Chairman and Members of the Planning Commission CUCAMONGA FROM: Candyce Burnett, Planning Manager BY: Tom Grahn, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2012- 01036 — 2013 HOUSING ELEMENT UPDATE — CITY OF RANCHO CUCAMONGA — An update of the City's Housing Element in accordance with Article 10.6, Section 65580-65589.8 of the California Government Code. Staff has prepared a Negative Declaration of environmental impacts for consideration. This item will be forwarded to the City Council for final action. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached Resolution recommending approval of General Plan Amendment (GPA) DRC2012-01036 to the City Council, direct staff to forward a copy of the draft 2013 Housing Element Update, to the State Department of Housing and Community Development (HCD)for a 90-day review period, respond to HCD's comments, and then forward the draft 2013 Housing Element Update to the City Council. Staff also recommends the City Council adopt the Negative Declaration of environmental impacts. BACKGROUND: HCD established the planning period for the 5th Regional Housing Needs Assessment (RHNA) and the subsequent cycle for the next Housing Element Update. The RHNA planning period is from January 2014 to October 2021 and the Housing Element planning period is from October 2013 to October 2021. The anomaly of the Housing Element due date preceding the RHNA start date by three months is due to a) legislative changes and statutory definitions and b)the date that the Southern California Association of Governments (SCAG) adopted its Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). The California Government Code (GC §65588(e)(5)) establishes that "the date of the next scheduled revision of the housing element shall be deemed to be the estimated adoption date of the regional transportation plan update ... plus 18 months". SCAG adopted its RTP/SCS on April 5, 2012, which means that the next Housing Element Update is due to HCD by October 15, 2013. ANALYSYS: A. HOUSING ELEMENT UPDATE: HCD has directed that cities provide an update of their current Housing Element by reviewing their document, updating appropriate information, deleting sections that are no longer applicable, and adding additional analysis where appropriate. Based upon these criteria, staff updated the City's 2008 Housing Element. Updated changes are shown with document tracking on, so that inserts and deletions are easily identified. The draft 2013 Housing Element Update maintains its current format to address the following sections: • Housing Needs Assessment: Discusses the characteristics of the City's population and housing stock to understand the nature and extent of our unmet housing needs. EXHIBIT C P278 PLANNING COMMISSION STAFF REPORT DRC2012-01036—CITY OF RANCHO CUCAMONGA March 27, 2013 Page 2 • Housing Constraints: Refers to land use regulations, housing policies and programs, zoning designations, and other factors that may influence the price and availability of housing opportunities. • Housing Resources: Refers to the land, financial, and administrative resources that are available to meet the City's housing needs to mitigate the identified housing constraints. • Housing Plan: Establishes the City's strategy for addressing housing needs and mitigating constraints with available resources. • Appendix B: Provides an evaluation of the 2008-2013 Housing Element. • Appendix C: Provides a vacant residential land inventory. B. SB18 TRIBAL CONSULTATION: California State Bill 18 requires that the City send project notification to California Native American Tribes when a project proposes a General Plan Amendment. On October 13, 2012, the City performed the SB18 notification, notifying eight (8) separate tribal representatives of the proposed General Plan Amendment, and requested that any comments be submitted by January 31, 2013. No tribal representatives contacted the City regarding the Housing Element Update. C. HOUSING ELEMENT WORKSHOP: On December 18, 2012, the City Council held a joint workshop with the Planning Commission to discuss the Housing Plan to be included in the Housing Element Update. Staff presented the status of each of the 26 current programs contained in the 2008-2013 Housing Element and identified suggested program deletions, modifications, and insertions. The City Council and Planning Commission reviewed the information presented, and supported the proposed modifications to the Housing Plan. D. ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper with a large, 1/8th page legal ad. Respectf y submitted, Candyce urnett Planning Manager CB:TG/dl Attachments: Exhibit A - 2013 Housing Element Update Exhibit B - Initial Study Draft Resolution of Approval for GPA DRC2012-01036 ? P279 RESOLUTION NO. 13-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT DRC2012-01036, TO REVISE AND UPDATE THE HOUSING ELEMENT IN ACCORDANCE WITH ARTICLE 10.6, SECTIONS 65580-65589.8, OF THE CALIFORNIA GOVERNMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. The City of Rancho Cucamonga filed an application for General Plan Amendment No. DRC2012-01036 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On March 27, 2013, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission 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 the substantial evidence presented to this Commission during the above- referenced public hearing on March 27, 2013, including written and oral staff reports,together with public testimony, this Commission hereby specifically finds as follows: a. The proposed Housing Element Amendment is in substantial conformance with the provisions of Article 10.6, Sections 65580 to 65589.8 of the California Government Code; and b. This proposed Housing Element is consistent with the other elements of the General Plan as provided through the organization and construction of the General Plan in which the goal,objectives, and policies contained in these elements are interrelated and dependent upon one another, and as a result is consistent with the update to the General Plan adopted on May 19,2010; and c. The proposed Housing Element furthers the attainment of the City's overall housing goal through the development and implementation of the Housing Plan that promotes the development, maintenance, and preservation of housing opportunities for all economic segments of the community. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the 2013 Housing Element Update is in conformance with the General Plan; and EXHIBIT D PLANNING COMMISSIO ¶" SOLUTION NO. 13-17 P280 GPA DRC2012-01036 - CITY OF RANCHO CUCAMONGA March 27, 2013 Page 2 b. That the 2013 Housing Element Update will not have significant impacts on the environment; and c. That the 2013 Housing Element Update is in substantial compliance with the provisions of Article 10.6, Sections 65580 to 65589.8, of the California Government Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application,the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration, based upon the findings as follows: a. Pursuant to the California Environmental Quality Act("CEQA")and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i)that the Negative Declaration was prepared in compliance with CEQA; and (ii)that there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission further recommends that the City Council find that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the Planning Commission hereby recommends the City Council adopt the Negative Declaration. c. The custodian of records for the Initial Study, Negative Declaration and all other materials which constitute the record of proceedings upon which the Planning Commission's decision is based is the Planning Manager of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends approval of General Plan Amendment No. DRC2012-01036. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 27TH DAY OF MARCH 2013. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Frances Hdyshell, Chairman ATTEST: Candy urnett, Planning Commission Secretary P281 • PLANNING COMMISSION •ESOLUTION NO. 13-17 GPA DRC2012-01036 - CITY OF RANCHO CUCAMONGA • March 27, 2013 Page 3 I, Candyce Burnett, Planning Commission Secretary for the City of Rancho Cucamonga,do hereby certify that the foregoing Resolution was duly and regularly introduced,passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of March, 2013, by the following vote-to-wit: AYES: COMMISSIONERS: HOWDYSHELL, MUNOZ, FLETCHER,OAXACA,WIMBERLY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE • ( P282 eCity of Rancho Cucamonga % rip NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: General Plan Amendment DRC2012-01036 -2013 Housing Element Public Review Period Closes: March 27, 2013 Project Name: Project Applicant: City of Rancho Cucamonga Project Location: City of Rancho Cucamonga, County of San Bernardino, State of California Project Description: State mandated Housing Element update in accordance with Article 10.6, Section 65580-65589.8 of the California Government Code. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency,has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: The Initial Study indicates that there is no substantial evidence that the project may have a significant effect on the environment. H adopted, the Negative Declaration means that an Environmental impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. March 27, 2013 Date of Determination Adopted By EXHIBIT E P283 (4 City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM 11 gol INITIAL STUDY PART II BACKGROUND 1. Protect File: General Plan Amendment DRC2012-01036 - 2013 Housing Element Update - City of Rancho Cucamonga 3. Description of Project: State mandated Housing Element Update in accordance with Article 10.6, Section 65580-65589.8 of the California Government Code. 4. Protect Sponsor's Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 5. General Plan Designation: Residential Very Low(<2 Dwelling Units[DUs]/Acre(AC]) Low(2 to 4 DUs/AC) Low Medium (4 to 8 DUs/AC) Medium (8 to 14 DUs/AC) Medium High (14 to 24 DUs/AC) High (24 to 30 DUs/AC) Commercial Office Neighborhood Commercial Community Commercial General Commercial Commercial Recreation Mixed Use Mixed Use Industrial Industrial Park General Industrial Heavy Industrial 6. Zoning: Residential Estate Residential (1 DU/AC) Very Low (<2 DUs/AC) Low(2 to 4 DUs/AC) Low Medium (4 to 8 DUs/AC) Medium (8 to 14 DUs/AC) Medium High (14 to 24 DUs/AC) High (24 to 30 DUs/AC) 4 P284 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 2 Commercial/Office Office/Professional Office Office Park Commercial/Office Community Facilities Village Commercial Community Service Neighborhood Commercial Community Commercial General Commercial Specialty Commercial Freeway Related Commercial Recreational Commercial Regional Related Office/Commercial Regional Related Commercial Regional Center Mixed Use Financial Hospital Mixed Use/Retail Mixed Use/Office Industrial Industrial Park Light Industrial General Industrial Minimum Impact Heavy Industrial Heavy Industrial 7. Surrounding Land Uses and Setting: Regional Description Rancho Cucamonga is located in the Inland Empire of California—in San Bernardino County. It is located 37 miles east of downtown Los Angeles. Direct freeway access to the City may be taken from the Foothill Freeway (SR-210) and the Ontario Freeway (1-15). The County of San Bernardino (unincorporated areas) and the City of Fontana are located to the east of Rancho Cucamonga. The City of Upland is located to the west of Rancho Cucamonga. The City of Ontario is adjacent to the south and southwest portions of Rancho Cucamonga. The County of San Bernardino (unincorporated areas) is located to the north of the City. The City of Rancho Cucamonga encompasses a total planning area of approximately 50 square miles. Thirty-eight square miles constitute the incorporated area, augmented by a 12 square mile Sphere-of-Influence that generally extends from the City's northern border up to the San Bernardino National Forest. The predominant City pattern for commercial activity is characterized by the commercial corridor along Foothill Boulevard, accented by the planned clusters of commercial and service businesses at many of the intersections. The northerly two-thirds of the City are predominately residential, while the southerly one-third is largely industrial. Commercial centers are located mostly along the main east to west spine of the City, Foothill Boulevard. The northerly edge of our Sphere-of-Influence is dominated primarily by open spaces of various types—a transition from the Rev 10-9-12 tai rip P285 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 3 San Bernardino National Forest and Mountains that frame this part of the West Valley area of the San Bernardino County. Area.Description Not applicable. The proposed project involves the adoption of the 2013 Housing Element Update. This project does not involve a site-specific development. Site Description Not applicable. The proposed project involves the adoption of the 2013 Housing Element Update. This project does not involve a site-specific development. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Tom Grahn Associate Planner (909)477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): California Department of Housing and Community Development(HCD) GLOSSARY—The following abbreviations are used in this report: CVWD—Cucamonga Valley Water District EIR—Environmental Impact Report • FEIR— Final Environmental Impact Report FPEIR - Final Program Environmental Impact Report NPDES—National Pollutant Discharge Elimination System NOx—Nitrogen Oxides ROG—Reactive Organic Gases PM10— Fine Particulate Matter RWQCB—Regional Water Quality Control Board SCAQMD—South Coast Air Quality Management District SWPPP—Storm Water Pollution Prevention Plan URBEMIS7G—Urban Emissions Model 7G Rev 10-9-12 P286 Initial Study for City of Rancho Cucamonga 2013 Housing Element DRC2008-00115 Page 4 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated,"or "Less Than-Significant-Impact"as indicated by the checklist on the following pages. ( )Aesthetics ( )Agricultural Resources ( )Air Quality ( ) Biological Resources ( ) Cultural Resources ( ) Geology&Soils ( ) Greenhouse Gas Emissions ( ) Hazards &Waste Materials ( ) Hydrology&Water Quality ( ) Land Use& Planning () Mineral Resources ( ) Population & Housing () Public Services ( ) Noise ( )Transportation/Traffic ( ) Utilities &Service Systems ( ) Recreation ( ) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: (x) I find that the proposed project C I I NOT have a significant effect on the environment. A NEGATIVE DECLARATION will b: :•a;-d. Z Prepared By: L Date: / ZW! Reviewed By: _ . 111 Si' r# Date: 3/CA I Rev 10-9-12 P287 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 5 nificant Lem SON Thai Titan Issues and Supporting Information Sources: Fat.miaiy Sigv Significant Mitigation Siam No Impact Impact Incorporated Impact Impact EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? () ( ) ( ) (1) b) Substantially damage scenic resources, including, but ( ) ( ) () (1) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (1) quality of the site and its surroundings? d) Create a new source of substantial light or glare, ( ) ( ) ( ) (1) which would adversely affect day or nighttime views in the area? Comments: a) The Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing need through its goals, objectives, policies, and programs. The project is not site-specific. Although the proposed 2013 Housing Element Update could result in an increase of residential units, it is anticipated that these changes will not negatively impact scenic vistas. Therefore, the proposed Housing Element Update will not have an impact. b) There are no State Scenic Highways within the City of Rancho Cucamonga. Refer to 1.a above. c) The Housing Element does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. All future residential projects that indirectly result from this Housing Element Update will be required to be designed so that they have minimal impacts to the surrounding uses. Design review will be required prior to approval and to ensure consistency with the Development Code and Design Guidelines. City standards require that developers underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. Therefore, the proposed Housing Element Update will not have an impact. d) The Housing Element does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. All future residential projects that indirectly result from this Housing Element Update will require a separate review by staff, the Design Review Committee, the Planning Commission, and/or the City Council. Impacts caused by light and glare would be analyzed when each project is submitted for review. If a project includes additional street lights and security lighting, they will be required to comply with City standards which require shielding, diffusing, or indirect lighting to avoid glare. Therefore, the proposed Housing Element Update will not have an impact. Rev 10-9-12 63 P288 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 6 Len Thm Issues and Supporting Information Sources: si°n el Len PpleMial Wm, N Than Sificaril Mitigation S c No Impact Incorporated Impact Impact 2. AGRICULTURAL RESOURCES. Would the project a) Convert Prime Farmland, Unique Farmland, or () ( ) ( ) (1) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (V) Williamson Act contract? c) Conflict with existing zoning for, or cause re-zoning of, ( ) ( ) ( ) (1 ) forest land (as defined in Public Resources Code section 12220 (g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g))? d) Result in the loss of forest land or conversion of forest () ( ) ( ) (1) land to non-forest use? e) Involve other changes in the existing environment, () ( ) ( ) (1) which, because of their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The project is not site-specific. Designated Open Space areas will continue to be preserved for recreation and grazing areas. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland, or Farmland of Statewide Importance within the City, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of the City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan Final Environmental Impact Report (FEIR) identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. Therefore, the proposed Housing Element Update will not have an impact. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. Therefore, there will be no impact. c) There are no lands within the City of Rancho Cucamonga that are zoned as forest land or timberland. Furthermore, there are no areas within the City of Rancho Cucamonga that are zoned as forest land, timberland, or Timberland Production. Therefore, the proposed Housing Element Update will not have an impact. d) There are no lands within the City of Rancho Cucamonga that qualify as forest land or timberland. Furthermore, there are no areas within the City of Rancho Cucamonga that Rev 10-9-12 • P289 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 7 L...,r� Issues and Supporting Information Sources: siptific.tl `an Potentially wall Than Significant o/prat Significant No Impact Imo/prated Impact Impact are zoned as forest land, timberland, or Timberland Production. Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Agricultural land that exists within the City is relatively small, and their economic viability is doubtful; therefore, they are not intended to be retained as for that purpose in the General Plan Land Use Plan. Furthermore, there are no lands within the City of Rancho Cucamonga that qualify as forest land. Therefore, there is no potential for conversion of forest land to a non-forest use. Therefore, the proposed Housing Element Update will not have an impact. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (1) applicable air quality plan? b) Violate any air quality standard or contribute ( ) ( ) ( ) (1) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (1) any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) ( ) ( ) (1) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (i) number of people? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. All future residential projects that indirectly result from this Housing Element Update will be reviewed on a case-by-case basis for compliance with air quality standards. If there is an impact, mitigation measures will be required to ensure a less-than-significant impact. As noted in the General Plan FPEIR (Section 4.3), the proposed project would not interfere with the ability of the region to comply with Federal and State air quality standards for: Criterion 1 Increase in the Frequency or Severity of Violations (local air quality impacts) or Criterion 2 Exceed Assumptions in the AQMP (consistency with the 2003 AQMP). Therefore the project is consistent with the 2003 AQMP and is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore, the proposed Housing Element Update will not have an impact. • b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. The Planning Department will review future projects that indirectly result from this Housing Element Update on a Rev 10-9-12 P290 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 8 Len Than Issues and Supporting Information Sources: Less I Lou Potentiate WAN Than SiImpacnt Mitigation SiImpcant No Impact Incorporated Impact Impact case-by-case basis. Continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis and in conformance with the General Plan FPEIR. Air quality related emissions associated with the construction and operation of projects that indirectly result from this Housing Element Update will be evaluated on a case-by-case basis. If there is an impact, mitigation measures will be required to ensure a less-than-significant impact. Therefore, the proposed Housing Element Update will not have an impact. c) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. As noted in the General Plan FEIR (Section 4.3), continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FPEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. Although there are sensitive receptors within the City of Rancho Cucamonga, the proposed Housing Element Update does not involve a site-specific project and thus will not increase existing air quality emissions that would expose sensitive receptors to additional pollutant concentrations. Air quality related emissions associated with the construction and operation of future residential projects that indirectly result from this Housing Element Update will be evaluated on a case-by-case basis. If there is an impact, mitigation measures will be required to ensure a less-than-significant impact. Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Future residential projects related to the Housing Element Update are not expected to produce objectionable orders that would affect a substantial number of people. Construction Odors (short-term) may include odors associated with equipment use including diesel exhaust or roofing, painting and paving. These odors are temporary and would dissipate rapidly. Operation Odors (long-term) are typically associated with the type of use. Typically, the residential uses Rev 10-9-12 5., P291 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 9 Len rn.. Issues and Supporting Information Sources: slpnnth Len Signrrtlelh WM 7},.r No SiImp., nl Megaton o . Si Impact 111 pa Impeq IncorporMSE Impact Impact which would indirectly result from this Housing Element Update do not create objectionable odors. Therefore, the proposed Housing Element Update will not have an impact. 4. BIOLOGICAL RESOURCES. Would the project a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (✓) through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or • regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) ( ) (✓) or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ( ) ( ) ( ) (1) protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ( ) ( ) ( ) (1) resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) (1) protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (1) Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State • habitat conservation plan? Comments: a) Per the General Plan, there are several potential habitat areas within the City and the City's Sphere-of-Influence. A majority of the area within the limits of the City is either developed, has been previously disturbed for the construction of infrastructure such as streets, or has been disturbed for small-scale agricultural activity. However, some areas within the City's Sphere of Influence are still relatively undisturbed and covered with native vegetation. Recently, residential development has extended into the foothills parts of the undeveloped portions of the Sphere-of-Influence area that support the Alluvial Fan Sage Scrub (AFSS), a subtype of Coastal Sage Scrub that is sometimes referred to as Riversidian Sage Scrub, and is potential for the Coastal California Gnatcatcher (CAGN). Other sensitive species potentially occurring within the City include the Delhi Sands Flower-loving Fly (DSF) and the San Bernardino Kangaroo Rat (SBKR). A few remaining parcels of land contain Delhi soils, which could provide suitable habitat for these species, Rev 10-9-12 ( P292 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 10 LSgnee.Than eicanl Lean Issues and Supporting Information Sources: Potentially wen Than SiImped t AleipoYCn Suter. No Impact Incorporated Impact Impact although surveys have not identified any DSF within the City boundaries or in the Sphere area. General Plan Exhibit RC-4 and Section 5.3 of the General Plan FEIR includes a map that depicts the area of sensitive biological resources. If a future residential project that indirectly results from this Housing Element Update occurs in areas identified as potential habitat for sensitive biological resources, the applicant will be required to prepare and submit biological studies. The studies will be reviewed to determine the impacts to these resources and to develop suitable mitigation measures. The review of these studies will be coordinated with environmental agencies such as the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). Therefore, the proposed Housing Element Update will not have an impact. b) Refer to Section 4.a above. c) There are also numerous streams, drainages, and a bog within the canyon areas in the Sphere-of-Influence-some of these features also extend into the City boundaries. These areas have been designated as Open Space Zoning Districts. Only limited residential development is permitted so that a potential project site will, to the maximum extent possible, remain in its natural condition and, in turn, ensure connectivity of the habitat within the project site with the surrounding natural habitat. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If a future residential project that indirectly results from this Housing Element Update occurs in areas identified as potential habitat for sensitive biological resources, the applicant will be required to prepare and submit biological studies. The studies will be reviewed to determine the impacts to these resources and to develop suitable mitigation measures. The review of these studies will be coordinated with environmental agencies such as the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). Therefore, the proposed Housing Element Update will not have an impact. d) • The City is primarily located in an urban area that does not contain large, contiguous natural open space areas. Wildlife potentially may move through the north to south trending tributaries in the northern portion of the City and within the Sphere-of-Influence. The 2013 Housing Element Update does not create a demand for new housing but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If a future residential project that indirectly results from this Housing Element Update is proposed in an area identified as potential wildlife corridors or a similar sensitive environmental resource, the applicant will be required to prepare and submit environmental studies. The studies will be reviewed to determine the impacts to these corridors/resources and to develop suitable mitigation measures. The review of these studies will be coordinated with environmental agencies such as the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. All future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts to heritage Rev 10-9-12 r P293 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 11 Lau Tin Issues and Supporting Information Sources: slpnrun has Pobmialy Wal, Than $miact corpetlon $iImpad No Impact Incorporated Impact Impact trees. All new projects would be required to comply with the requirements in Section 17.80 of the Development Code relating to tree preservation and/or replacement. Therefore, the proposed Housing Element Update will not have an impact. f) Neither the City nor the 501 are within an adopted HCP, NCCP, or other approved State Habitat Conservation Plan area. The project site is not located within a local conservation area according to the General Plan, Open Space and Conservation Plan, Figure RC-1. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project a) Cause a substantial adverse change in the ( ) ( ) ( ) (1) significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse 'change in the ( ) ( ) ( ) (J) significance of an archeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological ( ) ( ) ( ) (✓ ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) ( ) (1) outside of formal cemeteries? Comments: a) Implementation of the goals, objectives, policies, and programs that encourage the preservation and maintenance of historical structures have been successful. These programs will be revised and retained in the 2013 Housing Element Update and are expected to result in a positive impact on the cultural resources of the City. Therefore, the proposed Housing Element Update will not have an impact. b) The Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FPEIR (Section 4.6). Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential archaeological resources. The General Plan Final Program Environmental Impact Report (FPEIR) analyzed the impacts of Cultural Resources based on the future build out of the City. All future residential projects that indirectly result from this Housing Element Update will be reviewed on a case-by-case basis for impacts on existing and potential archaeological resources. If there is an impact, mitigation measures will be required to ensure a less-than-significant impact. Therefore, the proposed Housing Element Update will not have an impact. c) The General Plan FPEIR (Section 4.6) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the research performed at the Natural History Museum of Los Angeles County and the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the Sphere-of-Influence, including the project site; however, the area has a high sensitivity rating for paleontological resources. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modern man occurred, may contain significant vertebrate fossils. • The project site is underlain by Quaternary alluvium per the Public Safety Element of the Rev 10-9-12 P294 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 12 Lau Than Issues and Supporting Information Sources: Mitigation Less Potentially NM T Significant Mitigation SipuficaM No Impact fi.a1{waatad head Impact General Plan. All future residential projects that indirectly result from this Housing Element Update will be reviewed on a case-by-case basis for impacts on paleontological sites and resources. If there is an impact, mitigation measures will be required to ensure a less-than-significant impact. Therefore, the proposed Housing Element Update will not have an impact. d) The California Health and Safety Code §7050.5 states that if human remains are discovered on a project site, no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code §5097.98. As adherence to State regulations is required for all development, no mitigation is required in the unlikely event human remains are discovered on-site. Therefore, the proposed Housing Element Update will not have an impact. 6. GEOLOGY AND SOILS. Would the project. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) ( ) ( ) (1) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ( ) ( ) ( ) (✓) Hi) Seismic-related ground failure, including ( ) ( ) ( ) (1) liquefaction? iv) Landslides? ( ) ( ) ( ) (✓) b) Result in substantial soil erosion or the loss of topsoil? ( ) (✓) ( ) ( ) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) (I) or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) () (✓) 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) (1) of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: a) According to the General Plan Figure PS-2, and Section 4.7 of the General Plan FPEIR there is one earthquake fault that traverses diagonally(from northeast to southwest)through the City of Rancho Cucamonga—the Red Hill Fault=and another that traverses east to west and is generally aligned along the northern City limit of the City of Rancho Cucamonga - the Rev 10-9-12 • P295 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 13 Lau Then Issues and Supporting Information Sources: Len "' Polenlully Path Than Significant Magellan Significant No Impact Incorporae0 Impact Impel Cucamonga Fault. These faults are both capable of producing M,,,6.0-7.0 earthquakes, The Alquist-Priolo Earthquake Fault Zone is generally located along the northem City limit of the City of Rancho Cucamonga. Additionally, the San Jacinto Fault, capable of producing up to Ma,7.5 earthquakes is 10 miles northeasterly of the city and the San Andreas Fault, capable of up to Mw 8.2 earthquakes, is 12 miles northeasterly of the City. Each of these faults can produce strong ground shaking. The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs, The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for exposure of people or structures to potential substantial adverse effects caused by earthquakes, seismic shaking, ground failure, and landslides. Furthermore, future residential projects will be required to comply with Building and Safety Codes and Ordinances to ensure impacts are at the minimum. Therefore, the proposed Housing Element Update will not have an impact. b) The City of Rancho Cucamonga is within a designated Soil Erosion Control Area Exhibit 4.7-4 of the General Plan FPEIR. Future residential development will require the excavation, stockpiling, and/or movement of on-site soils. The Rancho Cucamonga area is subject to strong Santa Ana wind conditions during September to April, which generate blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. All future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts to soils including substantial soil erosion or the loss of topsoil. Therefore, the proposed Housing Element Update will not have an impact. c) The General Plan FPEIR (Section 4.7) indicates that there is a potential for the hillside areas at the northern end of the City and in the 501 for slope failure, landslides, and/or erosion. Areas subject to slope instability contain slopes of 30 percent or greater. Landslides may be induced by seismic activity, rain, or construction. The City Hillside Development Regulations prohibit the development within slopes of 30 percent or greater and limit the number of units that could be constructed within the Hillside Residential and Very Low Density Residential designations in the Hillside areas. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts to soil stability. Furthermore, future residential projects will be required to comply with Building and Safety Codes and Ordinances to ensure impacts are at the minimum. Therefore, the proposed Housing Element Update will not have an impact. d) The majority of Rancho Cucamonga is located on alluvial Soil deposits. These types of soils are not considered to be expansive. Soil types throughout the City vary and are identified in General Plan FPEIR Exhibit 4.7-3. The project is not site-specific. Any future residential projects that indirectly result from this project will be reviewed for compliance with Building and Safety Codes and Ordinances to ensure risks to life or property are at the minimum. Therefore, the proposed Housing Element Update will not have an impact. e) Any future residential projects that result from this project where the installation of septic systems is proposed will be required to comply with Building and Safety Codes and Ordinances to ensure impacts to geology and soils are at the minimum and meet all Rev 10-9-12 P296 • Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 14 den Than Siprtlfic.M Len Issues and Supporting Information Sources: pm.t.Iy win Than I I Significant Mitigation Significant Na Impact yt:.p.alet Impact Impact related environmental regulations. Furthermore, future residential projects shall be required to comply with Chapter 5 of the Santa Ana Region Basin Plan. If a particular project site is unsuitable for the installation of septic systems, the applicant would be required to connect to the City's existing sewer system per Section 4.7.6 Threshold 4.7e of the General Plan. Therefore, the proposed Housing Element Update will not have an impact. 7. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or ( ) ( ) ( ) (1) indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing ( ) ( ) ( ) (1) the emissions of greenhouse gases? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for greenhouse gas emissions on a case-by-case basis when submitted for review. Future projects within the project area may increase short-term emissions with construction activities. The General Plan FPEIR (Section 4.5) indicates that GHG emissions result from construction activities associated with diesel-powered construction equipment and other combustion sources (i.e. Generators, workers vehicles, material delivery, etc.). The GHG emitted by construction equipment is primarily carbon dioxide (CO2). The highest levels of construction related GHG's occur during site preparation including demolition, grading, and excavation. Construction related GHG's are also emitted from off-site haul trucks and construction workers traveling to the job site. Exhaust emissions from construction activities would vary each day with the changes in construction activity on-site. The combustion of fossil-based fuels creates GHG's such as CO2, Ch,, and N2O. CH4 is emitted during the fueling of heavy equipment. GHG related emissions associated with the construction and operation of any future projects that result from this Housing Element Update will be evaluated on a case-by-case basis when they are submitted for review and be required to mitigate potential impacts to reduce impacts to less-than-significant levels. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for greenhouse gas emissions on a case-by-case basis when submitted for review. No other applicable plans, policies, or regulations adopted for the purpose of reducing GHG emissions apply to the project. The 2010 General Plan Update included adopted policies and Standard Conditions that respond to the Attorney General and the California Air Pollution Control Officers Association (CAPCOA). The General Plan policies and Standard Conditions guide infill and sustainable development reliant on pedestrian connections, re-use and rehabilitation of existing structures, link transportation opportunities, promote development that is sensitive to natural resources and incentivizes denser mixed use projects that maximizes diverse opportunities. The General Plan Final Program Environmental Impact Rev 10-9-12 P297 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 15 Len Thai Issues and Supporting Information Sources: 51�"4n Than vwsni4iry Nth i.. SiImpad Incorporated SiImpad No impep InmrporahM Impeq Impact Report (FPEIR) analyzed the impacts of GHGs and determined that GHG emissions would be cumulatively considerable, which would be a significant unavoidable adverse cumulative impact. A Statement of Overriding Considerations was ultimately adopted by the City Council. The proposed project would not hinder the State's GHG reduction goals established by Assembly (AB) 32 and therefore would be less than a significant impact. Therefore, the proposed Housing Element Update will not have an impact. 8. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (1) environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) () (1) environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) () (I) acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) () ( ) (1) hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an Airport Land Use Plan ( ) ( ) () (1) or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (1) would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (1) adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) () ( ) (1) loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: a) Development within the City may utilize or generate hazardous materials or wastes. This is usually associated with individual households, small business operations, and maintenance activities like paints, cleaning solvents, fertilizers, and motor oil or through construction activities that would use paints, solvents, acids, curing compounds, grease, and oils. These materials would be stored and used at individual sites. The City participates in a countywide interagency coalition, which is considered a full-service Hazardous Materials Division that is more comprehensive than any other in the State. Rev 10-9-12 P298 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 16 Ls° rran `Issues and Supporting Information Sources: Potentially With The Significant Mitigation Siprufiunt No Impart Incorporated Impact Input The City has an Emergency Operations Plan that meets State and Federal requirements and is in the process of updating the approved 2005 Local Hazard Mitigation Plan. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less-than-significant. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site- specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts related to hazardous materials. Therefore, the proposed Housing Element Update will not have an impact. b) Refer to 8.a above. c) There are numerous schools located within the City of Rancho Cucamonga. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If any future residential project that indirectly results from this Housing Element Update is within 1/4 mile of a school, the project will be required to comply with existing State and Federal standards on the use and transport of hazardous materials. Typically, residential uses do not create objectionable odors. Therefore, the proposed Housing Element Update will not have an impact. d) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If any future residential project that indirectly results from this Housing Element Update is within a hazardous materials site, the project will be required to comply with existing State and Federal standards that applies to residential development on such sites. Therefore, the proposed Housing Element Update will not have an impact. e) The City is partly located within an Airport Land Use Plan for Ontario International Airport according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1. The City's southern boundary is about one mile north of the northern runway of Ontario International Airport. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that result indirectly from this Housing Element Update and are located within the Airspace Protection Area according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 will be required to comply with Federal Aviation Regulations (FAR) Part 77 regarding height limitations in order to prevent obstruction to aircraft operations. Therefore, the proposed Housing Element Update will not have an impact. f) There are no private airstrips within the City. The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. Therefore, the proposed Housing Element Update will not have an impact. g) The City has a developed roadway network that provides emergency access and evacuation routes to existing development. The City's Emergency Operation Plan, which is Updated every three years, includes policies and procedures to be administered by the City of Rancho Cucamonga in the event of a disaster. The 2013 Housing Element Update Rev 10-9-12 P299 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 17 Less Then Issues and Supporting Information Sources: sipWith Less Pobnliant With Than Significant c rporat SiImpactnl Impact Incorporated _ Impact Impep does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update and are located within the northem portion of the City or Sphere-of-Influence without access or limited access will be required to construct the necessary access in compliance with all applicable City codes, including local fire ordinances. Therefore, the proposed Housing Element Update will not have an impact. h) Rancho Cucamonga faces the greatest ongoing threat from wind-driven fires in the Very High Fire Hazard Severity Zone found in the northern part of the City. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If a future residential project that indirectly results from this Housing Element Update occurs within a Very High Fire Hazard Severity Zone according to General Plan Figure PS-1, the applicant will be required to comply with the adopted policies and Standard Conditions that limit uses to Very Low density residential development and Hillside residential uses to limit property exposed to wildland fire hazards. The applicant will be required to submit a Fire Protection Plan, with wildland fire mitigation measures, to outline appropriate measures to address fire hazards and ensure that impacts are less-than-significant. Therefore, the proposed Housing Element Update will not have an impact. 9. HYDROLOGY AND WATER QUALITY. Would the project a) Violate any water quality standards or waste discharge ( ) ( ) ( ) (✓) requirements? b) Substantially deplete groundwater supplies or interfere ( ) ( ) ( ) (1) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (✓) site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) (1) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (1) the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) () (✓) Rev 10-9-12 P300 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 18 lea Than Issues and Supporting Information Sources: Mitigation `an Potentially V,1VI Then Significant Incorporated Significant p No Impact IncppnelW Impacl Impact g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (/) mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures ( ) ( ) ( ) (1) that would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) (.) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) () ( ) (1) Comments: a) Water and sewer service is provided by the Cucamonga Valley Water District (CVWD). The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects will be required to connect to existing water and sewer systems. The State of Califomia is authorized to administer various aspects of the National Pollution Discharge Elimination System (NPDES) permit under Section 402 of the Clean Water Act. The General Construction Permit treats any construction activity over 1 acre as an industrial activity, requiring a permit under the State's General NPDES permit. The State Water Resource Control Board (SWRCB), through the Regional Water Quality Control Board (RWQCB), Santa Ana Region, administers these permits. Waste discharges include discharges of storm water and construction project discharges. A construction project for new development or significant redevelopment requires an NPDES Permit. Construction project proponents are required to prepare an SWPPP. To comply with the NPDES, the project construction contractor will be required to prepare an SWPPP during construction activities, and a Water Quality Management Plan (WQMP) for post-construction operational management of storm water runoff. Runoff from driveways, roads and other impermeable surfaces must be controlled through an on-site drainage system. BMPs include both structural and non-structural control methods. Structural controls used to manage storm water pollutant levels include detention basins, oil/grit separators, and porous pavement. Non-structural controls focus on controlling pollutants at the source, generally through implementing erosion and sediment control plans, and various Business Plans that must be developed by any businesses that store and use hazardous materials. Practices such as periodic parking lot sweeping can substantially reduce the amount of pollutants entering the storm drain system. Any future residential projects that indirectly result from this Housing Element Update will be required to implement mitigation measures to control additional storm water effluent. Therefore, the proposed Housing Element Update will not have an impact. b) According to the CVWD, approximately 35 percent of the City's water is currently provided from water supplies coming from the underlying Chino and Cucamonga Groundwater Basins. The CVWD complies with its prescriptive water rights as managed by the Chino Basin Watermaster and will not deplete the local groundwater resource. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. It is not anticipated that any future residential Rev 10-9-12 P301 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 19 Leas man Issues and Supporting Information Sources: Leas Than ``w votamialry WM Than Significant Mitigation Significant No Impact Incorporated Impact Impact projects that indirectly result from this Housing Element Update will deplete groundwater supplies, nor will it interfere with recharge unless they are within an area designated as a recharge basin or spreading ground according to General Plan Figure RC-3. As noted in • the General Plan FPEIR (Section 4.9), continued development citywide will increase water needs but will not be a significant impact. The CVWD has plans to meet this increased need to the year 2030. Therefore, the proposed Housing Element Update will not have an impact. c) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts to absorption rates, drainage patterns, the rate and amount of surface water runoff, erosion, siltation, and alteration of any stream or river. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, the proposed Housing Element Update will not have an impact. d) Refer to 9.c above. e) Refer to 9.c above. f) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts to surface water quality caused by grading activities associated with the construction period that could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event. If there is an impact, mitigation measures will be required to ensure a less-than-significant impact. Therefore, the proposed Housing Element Update will not have an impact. g) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential project that indirectly results from this Housing Element Update will be reviewed to determine if the project site is located within a 100-year flood hazard area according to General Plan Figure PS-5. If it is, the project will be required to comply with the City's Floodplain Management Regulation that requires the implementation of various flood hazard reduction measures. Additionally, the project will be required to construct required storm drain facilities or payment of fees for storm drain system improvements. Therefore, the proposed Housing Element Update will not have an impact. h) Refer to 9.g above. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to adequately convey floodwaters from a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Figure PS-6. The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs Rev 10-9-12 r1 P302 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 20 L.w m Issues and Supporting Information Sources: Potentially s,p an Ln. With Than Si p Sio No !Mara Inca po'alaO Immtl Impact through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential project that indirectly results from this Housing Element Update will be reviewed to determine if the project site is located within a 100-year flood hazard area according to General Plan Figure PS-5. If it is, the project will be required to comply with the City's Floodplain Management Regulation that requires the implementation of various flood hazard reduction measures. Additionally, the project will be required to construct required storm drain facilities or payment of fees for storm drain system improvements. Therefore, the proposed Housing Element Update will not have an impact. j) There are no oceans, lakes, or reservoirs near the project area; therefore, impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. Therefore, the proposed Housing Element Update will not have an impact. 10. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? ( ) ( ) ( ) (I) b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (v') regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (I) or natural community conservation plan? Comments: a) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be required to be designed in a manner that will ensure it becomes a part of the larger community. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be required to be designed in a manner that is consistent with the General Plan and does not interfere with any policies for environmental protection, SCAG's Compass Blueprint, or SCAG's Regional Comprehensive Plan. Therefore, the proposed Housing Element Update will not have an impact. c) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If a future residential project that indirectly Rev 10-9-12 (31 P303 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 21 Leas The, Issues and Supporting Information Sources: s�aniith Lean Potentially With man Significant cirpalpn Significant p No Impact Incorporated Impact Impact results from this Housing Element Update occurs within any habitat conservation or natural community plan areas, the applicant will be required to prepare and submit biological studies. The studies will be reviewed to determine the impacts to these habitat conservation or natural community plan areas and to develop suitable mitigation measures. The review of these studies will be coordinated with environmental agencies such as the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). Therefore, the proposed Housing Element Update will not have an impact. 11. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral () ( ) ( ) (1) resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important ( ) ( ) ( ) (1) mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: a) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed to determine if the site is within an area designated as a State Aggregate Resources Area according to the City General Plan, Figure RC-2 and Table RC-1. If necessary, consideration will be given to minimize potential conflict of uses. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed to determine if the site is within an area designated as a valuable mineral resource recovery site according to the General Plan, Figure RC-2 and Table RC-1. If necessary, consideration will be given to minimize potential conflict of uses. Therefore, the proposed Housing Element Update will not have an impact. 12. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (I) ( ) ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (1) ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) (v') levels in the project vicinity above levels existing without the project? Rev 10-9-12 P304 Initial Study for City of Rancho Cucamonga IlrGeneral Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 22 In.Than Issues and Supporting Information Sources: Significant Tan Potentially With Than Significant Mitigation Significant No Impact Incorporated Impact Impact d) A substantial temporary or periodic increase in ( ) ( ) ( ) (I) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an Airport Land Use Plan ( ) ( ) ( ) (1) • or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (✓) would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. If a future residential project that indirectly results from this Housing Element Update occurs in areas with noise levels exceeding City standards according to General Plan Figure PS-9 at build-out and/or is adjacent to any developed/occupied noise sensitive land use, the applicant will be required to prepare and submit a noise study. The studies will be reviewed to determine the noise impacts because of construction, operations, and traffic, and to develop suitable mitigation measures. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Residential uses normally do not induce ground borne vibrations. Construction-related vibration may create short-term noise and vibration impacts. All applicants will be required to prepare and submit a noise study to determine the noise impacts because of construction, operations, and traffic, and to develop suitable mitigation measures. Therefore, the proposed Housing Element Update will not have an impact. c) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. The primary source of ambient noise levels in Rancho Cucamonga is traffic. All applicants will be required to prepare and submit a noise study to determine the noise impacts because of traffic, and to develop suitable mitigation measures. Therefore, the proposed Housing Element Update will not have an impact. d) The General Plan FPEIR (Section 4.12) indicates that during a construction phase, on-site stationary sources, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. All applicants will be required to prepare and submit a noise study to determine the noise impacts because of construction and to develop suitable mitigation measures. Therefore, the proposed Housing Element Update will not have an impact. • Rev 10-9-12 P305 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 23 • Leo Than Issues and Supporting Information Sources: situ o.a La.. Potentially Mo Than Si Impact Mitigation Significant No Impact Incorporated Impact Impact • e) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. The Housing Element Update affects an area that is partially within an Airport Land Use Plan and is partially within 2 miles of a public airport. Although off-set north of the flight path, site-specific projects could be located at varying distances north of the Ontario International Airport. Site-specific projects could be within the CNEL noise contour of the Ontario International Airport. All applicants will be required to prepare and submit a noise study to determine the noise impacts because of the airport and to develop suitable mitigation measures. Therefore, the proposed Housing Element Update will not have an impact. f) The nearest private airstrip, Cable Airport, is located approximately 2.5 miles to the west of the City's westerly limits. Therefore, the proposed Housing Element Update will not have an impact. 13. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) (✓) directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) (1) necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (✓) the construction of replacement housing elsewhere? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The project is not site-specific. Although the project will increase the population growth in the area, there will be a less-than-significant impact as the project is consistent with the underlying Zoning and General Plan Designation. The density was analyzed as part of the build-out in the General Plan FPEIR. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The project is not site-specific. Therefore, the proposed Housing Element Update will not have an impact. c) Refer to 13.b above. Rev 10-9-12 t>' P306 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 24 Law Than Issues and Supporting Potentially s vm` th Than pporting Information Sources: significant Mitigation significant No Impad Incorporated Impact Impad 14. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (1) b) Police protection? ( ) ( ) ( ) (I) c) Schools? () () () (I) d) Parks? () ( ) ( ) (1) e) Other public facilities? ( ) ( ) ( ) (1) Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on any future residential projects that indirectly result from this Housing Element Update to lessen the future demand and impacts to Fire services. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Future residential projects that indirectly result from this Housing Element Update may lead to an increase in calls for service. Although there may be an increase in calls, additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. Therefore, the proposed Housing Element Update will not have an impact. c) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The project is not site-specific. A standard condition of approval will require the developer of future residential projects that indirectly result from this Housing Element Update to pay the School Impact Fees. Therefore, the proposed Housing Element Update will not have an impact. • d) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The project is not site-specific. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in • the levels of service, which could cause the need to construct new facilities. Standard conditions of approval will be placed on any future residential projects that indirectly result Rev 10-9-12 P307 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 25 Lau The, Sipiiith Lau Issues and Supporting Information Sources: Potentially Than $iImpact MNpxate Significant No Impact InmporataE Impact Impact from this Housing Element Update that will require a developer to pay Park Development Fees. Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. Future residential projects that indirectly result from this Housing Element Update will utilize existing public facilities and will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According to the General Plan FPEIR (Section 4.14), there will be a projected increase in library space demand, but with the implementation of standard conditions, the increase in Library Services would be mitigated to less-than-significant impact. Additionally, the Paul A. Biane Library has an additional 14,000 square foot shell of vacant library space that is planned for future Library use. The proposed project is consistent with the General Plan for which the FPEIR was prepared and impacts evaluated. Therefore, the proposed Housing Element Update will not have an impact. 15. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) () ( ) (1) regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (✓) • require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The project is not site-specific. This project is not proposing any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. Standard conditions of approval will be placed on any future residential projects that indirectly result from this Housing Element Update that will require a developer to pay Park Development Fees. Therefore, the proposed Housing Element Update will not have an impact. b) Refer to 15.a above. Rev 10-9-12 P308 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 26 Len Than Sipnificent Lau Issues and Supporting Information Sources: potentially Nath Than Sic patn Si No Impact Incorporated Imp act Impact 16. TRANSPORTATION/TRAFFIC. Would the project a) Conflict with an applicable plan, ordinance or policy ( ) ( ) ( ) (✓) establishing measures of effectiveness for the performance of the circulation system, taking into • account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management () ( ) ( ) (✓) program, including, but not limited to a level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (✓) either an increase in traffic levels or a change in location that result in substantial safety risks? d) Substantially increase hazards because of a design ( ) ( ) ( ) (1) feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (✓) Conflict with adopted policies, plans, or programs () ( ) ( ) (✓) regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. As noted in the General Plan FPEIR (Section 4.18), continued development will contribute to the traffic load in the Rancho Cucamonga area. Applicants for any future residential projects that indirectly result from this Housing Element Update may be required to submit a traffic study that analyzes vehicle trips, traffic volume, or congestion at intersections generated by the site-specific project. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards if they are missing. In addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of Building Permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. In November 2004, San Bernardino County voters passed the Measure I extension which requires local jurisdictions to impose appropriate fees on development for their fair share toward Rev 10-9-12 t � P309 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 27 L.o m., Issues and Supporting Information Sources: soh Las.Vieth Then SipnMrar. Mitigation Sip/recant No Imp. Impact Inaxporal,W Impact Imp.p regional transportation improvement projects. On May 18, 2005, the City of Rancho Cucamonga adopted a Comprehensive Transportation Fee Schedule updating these Development Impact Fees. As a result, the San Bernardino County Congestion Management Agency waived the Congestion Management Plan (CMP) Traffic Impact Analysis reporting •requirement. Applicants for any future residential projects that indirectly result from this Housing Element Update may be required to submit a traffic study that analyzes vehicle trips, traffic volume, or congestion at intersections generated by the site-specific project. The project site will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards if they are missing. In addition, the City has established a Transportation Development Fee that must be paid by the applicant prior to issuance of Building Permits. Fees are used to fund roadway improvements necessary to support adequate traffic circulation. Therefore, the proposed Housing Element Update will not have an impact. c) The 2013 Housing Element does not create a demand for new housing, but attempts to meet the existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. The City is partially located within an Airport Land Use Plan according to the General Plan Figure PS-7 and General Plan FPEIR Exhibit 4.8-1 and is partially within 2 miles of a public airport. The City is off-set north of the flight path. Future residential projects will be evaluated for compliance with FAR Part 77 regarding height limitations in order to prevent obstruction to aircraft operations. Therefore, the proposed Housing Element Update will not have an impact. d) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Applicants for any future residential projects that indirectly result from this Housing Element Update will be required to provide street improvements (curb, gutter and sidewalk) along the street frontage of the site per City roadway standards if they are missing and to be designed in a manner that does not include any sharp curves or dangerous intersections. Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Future residential projects that indirectly result from this Housing Element Update will be required to provide access for all emergency vehicles during construction and upon completion of the project to ensure inadequate emergency access. Therefore, the proposed Housing Element Update will not have an impact. f) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. Future residential projects that indirectly result from this Housing Element Update will be conditioned to provide features supporting transportation and vehicle trip reduction. Therefore, the proposed Housing Element Update will not have an impact. Rev 10-9-12 P310 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 28 Less Thin Sipnifi ,t Lean Issues and Supporting Information Sources: Potentially WM Than SII pact Mitipetbn Significant No Impact IncorppraleC Impact Impact 17. UTILITIES AND SERVICE SYSTEMS. Would the project a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (✓) applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (1) wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ( ) ( ) ( ) (✓) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (✓) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) (✓) provider, which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted () ( ) ( ) (1) capacity to accommodate the projects solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (1) regulations related to solid waste? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. The City is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-1 and RP-4 treatment plants. The RP-1 capacity is sufficient to exceed the additional development within the western and southern areas of the City. The RP-4 treatment plant has a potential ultimate capacity of 28 mgd which is considered more than adequate to capacity to treat all increases in wastewater generation for build-out of the General Plan. Any future residential projects that indirectly result from this Housing Element Update will be required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. Therefore, the proposed Housing Element Update will not have an impact. b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The City is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. Any future residential projects that indirectly result from this Housing Element Update will be required to meet the requirements of the Santa Ana Regional Water Quality . Control Board regarding wastewater. Therefore, the proposed Housing Element Update will not have an impact. Rev 10-9-12 P311 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 29 Lou Then Issues and Supporting Information Sources: Signi IN Than Potentially 4iic Thw Significant Mitigation Significant No Impact Incorporated impact Impact c) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. Any future residential projects that indirectly result from this Housing Element Update will be required to have a Grading and Drainage Plan that must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, the proposed Housing Element Update will not have an impact. d) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The City is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve any future residential projects that indirectly result from this Housing Element Update. Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The City is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within • Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. Therefore, the proposed Housing Element Update will not have an impact. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. Therefore, the proposed Housing Element Update will not have an impact g) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. Any future residential projects that indirectly result from this Housing Element Update will be required to comply with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, the proposed Housing Element Update will not have an impact. Rev 10-9-12 P312 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 29 Lew Than Significant Less Issues and Supporting Information Sources: Potentially vnu, Plan Significant t Mitigation Sipalunl No Impact Incorporated Impact Impact • c) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. Any future residential projects that indirectly result from this Housing Element Update will be required to have a Grading and Drainage Plan that must be approved by the Building Official and City Engineer prior to issuance of Grading Permits. Therefore, the proposed Housing Element Update will not have an impact. d) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The City is served by the CVWD water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve any future residential projects that indirectly result from this Housing Element Update. Therefore, the proposed Housing Element Update will not have an impact. e) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. The City is served by the CVWD sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which is at capacity. Therefore, the proposed Housing Element Update will not have an impact. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. Therefore, the proposed Housing Element Update will not have an impact. g) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goal, objectives, policies, and programs. Any future residential projects that indirectly result from this Housing Element Update will be required to comply with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, the proposed Housing Element Update will not have an impact. Rev 10-9-12 P313 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 30 Lspitcrn an Then Si Lean Issues and Supporting Information Sources: P°nte With Than Sont hithgation S! No lmlnon Incorporated mood hoped 18. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (d) quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (1) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will ( ) ( ) ( ) (1) cause substantial adverse effects on human beings, either directly or indirectly? Comments: a) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Per the General Plan, there are several potential habitat areas within the City and the City's Sphere-of-Influence. A majority of the area within the limits of the City is either developed, has been previously disturbed for the construction of infrastructure such as streets, or has been disturbed for small-scale agricultural activity. However, some areas within the City's Sphere-of-Influence are still relatively undisturbed and covered with native vegetation. Recently, residential development has extended into the foothills parts of the undeveloped portions of the Sphere-of-Influence area that support the Alluvial Fan Sage Scrub (AFSS), a subtype of Coastal Sage Scrub that is sometimes referred to as Riversidian Sage Scrub, and is potential for the Coastal California Gnatcatcher (CAGN). Other sensitive species potentially occurring within the City include the Delhi Sands Flower-loving Fly (DSF) and the San Bernardino Kangaroo Rat (SBKR). A few remaining parcels of land contain Delhi soils, which could provide suitable habitat for these species, although surveys have not identified any DSF within the City boundaries or in the Sphere area General Plan Exhibit RC-4, and Section 5.3 of the General Plan FEIR, includes a map that depicts the area of sensitive biological resources. If a future residential project that indirectly results from this Housing Element Update occurs in areas identified as potential habitat for sensitive biological resources, the applicant will be required to prepare and submit biological studies. The studies will be reviewed to determine the impacts to these resources and to develop suitable mitigation measures. The review of these studies will be coordinated with environmental agencies such as the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). Therefore, the proposed Housing Element Update will not have an impact. Rev 10-9-12 P314 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036-2013 Housing Element Update Page 31 b) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be reviewed for impacts related to the construction and operation following the submittal of environmental analyses such as air quality, biological, noise, and traffic studies. If a site-specific project is approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2010 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of build-out in the City and Sphere-of-Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to Aesthetics, Agriculture and Forest Resources, Air Quality, Climate Change and Mineral Resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less-than-significant levels. As such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15098(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) The 2013 Housing Element Update does not create a demand for new housing, but attempts to meet existing and projected housing needs through its goals, objectives, policies, and programs. The project is not site-specific. Any future residential projects that indirectly result from this Housing Element Update will be analyzed on a case-by-case basis for whether they may have a direct or indirect substantial adverse effect on human beings. Impacts related to the construction and operation of new facilities will be determined following the submittal of environmental analyses such as air quality, biological, noise, and traffic studies. Mitigation measures, if necessary, will be required to reduce impacts to less-than-significant levels. Therefore, the proposed Housing Element Update will not have an impact. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier PEIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (T) General Plan FPEIR (SCH#2000061027, Certified May 19, 2010) (T) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (T) Master Environmental Assessment for the 1989 General Plan Update (SCH#88020115, certified January 4, 1989) • Rev 10-9-12 P315 Initial Study for City of Rancho Cucamonga General Plan Amendment DRC2012-01036 -2013 Housing Element Update Page 32 APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no s'•I'ficant environmental effects would occur. ' Applicants Signature: �i , _ ,09 Date: 3 / y 1 /3 Print Name and Title: ,. , A- p .1:2-)U1/4..1/ t RV0.tivC1 0,A(16/11,17- Rev 10-9-12 • P316 RESOLUTION NO. 14-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT DRC2012-01036, TO REVISE AND UPDATE THE HOUSING ELEMENT IN ACCORDANCE WITH ARTICLE 10.6, SECTIONS 65580 TO 65589.8, OF THE CALIFORNIA GOVERNMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga filed an application for General Plan Amendment No. DRC2012-01036 as described in the title of this Resolution. Hereinafter in this Resolution, the subject General Plan Amendment is referred to as "the application." 2. On March 27, 2013, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date, after which the Planning Commission adopted Resolution 13-17, which recommended that the City Council find that there is no substantial evidence that the project will have a significant effect upon the environment and recommended adoption of a Negative Declaration, and approval of the application. 3. On January 15, 2014, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council 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 the substantial evidence presented to this Council during the above- referenced public hearing on January 15, 2014, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The application has been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act ("CEQA"); and b. The application is consistent with the other elements of the General Plan as provided through the organization and construction of the General Plan in which the goal, objectives, and policies contained in these elements are interrelated and dependent upon one another, and as a result is consistent with the General Plan adopted on May 19, 2010; and c. The application furthers the attainment of the City's overall housing goal through the development and implementation of the policies and programs that promote the preservation, maintenance, and development of housing opportunities for all economic segments of the community; and P317 CITY COUNCIL RESOLUTION NO. 14-002 GPA DRC2012-01036—CITY OF RANCHO CUCAMONGA January 15, 2014 Page 2 d. The application is in substantial conformance with the provisions of Article 10.6, Sections 65580 to 65589.8 of the California Government Code; and e. The California Department of Housing and Community Development has determined that the application will comply with State housing element law (Article 10.6 of the Government Code)when these revisions are adopted and submitted to the Department, pursuant to Government Code Section 65585(g); and f. The findings set forth in this Resolution reflect the independent judgment of the City Council. 3. Based upon the substantial evidence presented to the City Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, the City Council hereby finds and concludes as follows: a. That the draft 2013 Housing Element is in conformance with the General Plan; and b. That the draft 2013 Housing Element will not have significant impacts on the environment; and c. That the draft 2013 Housing Element is in substantial compliance with the provisions of Article 10.6, Sections 65580 to 65589.8, of the California Government Code. 4. Based upon the facts and information contained in the proposed Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Negative Declaration, based upon the findings as follows: • a. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. b. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council further finds that the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on these findings, the City Council hereby adopts the Negative Declaration. c. The custodian of records for the Initial Study, Negative Declaration and all other materials which constitute the record of proceedings upon which the City Council's decision is based is the Planning Manager of the City of Rancho Cucamonga. Those documents are available for public review in the Planning Department of the City of Rancho Cucamonga located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, telephone (909) 477-2750. P318 CITY COUNCIL RESOLUTION NO. 14-002 GPA DRC2012-01036 —CITY OF RANCHO CUCAMONGA January 15, 2014 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this City Council hereby approves General Plan Amendment No. DRC2012-01036. 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY 2014. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council ' of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 15th day of January 2014, by the following vote-to-wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga a) cu S C 4) Cl) J Eo T 1- l o T a CV '5 U N C p C W o V L to 0 _ i_ a a. 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'crs. cti i as cd n_ ° ` c. C3 Cn d >, C a) (I) G U0 / (!) I I I I at- * , P319 STAFF REPORT t COMMUNITY SERVICES DEPARTMENT L J RANCHO Date: January 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director Trang Hyunh, Building and Safety Services Director By: Jennifer Nakamura, Associate Planners, Karen Silhanek, Management Analyst I ' Subject: PROPOSED FEE AMENDMENTS FOR THE COMMUNITY SERVICES DEPARTMENT AND COMMUNITY DEVELOPMENT AMENDING RESOLUTION NO. 12-196 RECOMMENDATION: Staff recommends the City Council adopt the amendment to Resolution Number 12-196 to revise user fees for Building and Safety, Planning and Community Services, including a new fee for the use of City Park Sports Fields by organized sports groups not part of the Sports Advisory Committee. BACKGROUND: The City can impose fees under the authority granted by California Government Code Section 66000 et. seq, including the requirement to hold at least one public hearing as part of a regularly scheduled City Council meeting to allow for public comment on its proposed fees. Fees are allowed to be imposed in order to recover costs associated with the provision of specific services benefiting the user, thereby reducing the use of General Fund monies for such purposes. This report covers requests for revisions to fees for the following work groups: Community Development and Community Services. COMMUNITY SERVICES: On an annual basis, the Community Services Department analyzes Department fees and charges and recommends modifications to the Fees and Charges Schedule to reflect identified needs from the previous year. In previous years, the Community Services Department has taken fee schedule recommendations to City Council separately from other City Departments. In order to maintain consistency with City practice, the Community Services Department will now take its fees each year with all other City fees and include in the Resolution. Because the Community Services Department did not participate in the City's fee resolution process last year, all Department fees included in our separately approved fee schedule are to be included in this resolution. In future years, only those fees with recommended changes will be included in the resolution. Because it has been less than one year since the Department's fee schedule was approved, only one fee modification is being recommended at this time, plus one new proposed fee for use of City Park Sports Fields by organized sports groups not a part of the Sports Advisory Committee. P320 PROPOSED FEE AMENDMENTS PAGE 2 JANUARY 15,2014 User Group Fees for the Use of City Park Sports Fields The City has been supportive of the community's youth and adult non-profit organizations by allowing approved groups free use of outdoor sports fields through a twice a year allocation process. The City has been subsidizing the maintenance of these fields that have considerable use by these groups. Revenues have decreased and utility and water costs have escalated significantly. Because these fields fall within various Landscape Maintenance Districts (LMD's), the cost for maintaining these fields are subject to compliance with Prop. 218 which limits the amount that can be subsidized by property owners paying into the LMD. With these factors in mind, it has become necessary for Rancho Cucamonga to consider financial support from user groups to sustain a quality level of field maintenance and staff time to coordinate and reserve the use of these fields. Staff surveyed 53 cities from San Bernardino County, Los Angeles County and Orange County. Of the 43 cities that responded 35 cities charge their youth sports groups and other groups fees for the use of their sports fields. This also includes some local cities such as Fontana, Chino, Chino Hills, Colton, Murrieta, Moreno Valley, Norco, Riverside and Yucaipa. The resident non-profit youth sports organizations that make up the Sports Advisory Committee began voluntarily contributing to field maintenance last year. The new fees are only applicable to groups that are not a part of Sports Advisory but still participate in the field allocation process. Sports Advisory Groups always have priority over these other groups which are predominately travel teams, both resident and nonresident, as well as Abundant Living Church and Upland Christian Academy. Fields that are rented outside the allocation process already have established fees. The new fees are benchmarked to our standard field rental rates. Resident non-profit groups that do not meet the criteria for Sports Advisory will receive a 50% discount off the non-profit field rental rate and a 50% discount off of the deposit fee. Groups that do not have a non-profit status and all non-resident groups will receive a 35% discount off the nonresident field rental fees and 50% off of the deposit fees. These fees were discussed and supported by both the Sports Advisory Committee and the Park and Recreation Commission. Non-Resident Fee and Fee Review The only other fee with a recommended change is the Non-Resident Fee which has not been increased since 2010. The recommendation is to raise it from $12 to $13. The Non-Resident Fee is charged for most programs and services in the Department. (Table 4.1) The Park and Recreation Commission reviewed all fees at their November 21, 2013 regularly scheduled meeting and impacted users for the Sports Field Use Fees were invited to attend to address the commission. The Park and Recreation Commission is forwarding all fees to the City Council with their recommendation for approval. COMMUNITY DEVELOPMENT In 2012, the City Council adopted a comprehensive fee schedule for user fees, including the adoption of a 4.5% technology fee, for Planning, Building and Safety and Engineering Departments with a commitment review and revision of user fees on a regular basis. Staff has identified several proposed revisions to user fees for Planning and Building and Safety. Planning Fees General Plan goal LU-16 is to "Protect historic resources" and goal LU-17 is to "One of the goals of the General Plan is to "Expand preservation incentives". One of the tools previously used was the waiving of fees for certain historic properties. This includes an application to designate a property as a historic landmark(Landmark Application), modification of an existing historic property for residential P321 PROPOSED FEE AMIi.NDMENrS PAGE 3 JANUARY 15,2014 and small business use(Certificate of Appropriateness), and Mills Act applications. By reducing these fees from their current levels to no charge we can provide an incentive to historic property owners to maintain and improve their properties. When we adopted the new Development Code in 2012, we introduced a new application for small scale projects called a Site Development Review. We also adopted an hourly fee rate for this application, as staff was not accurately able to assess a fixed fee based on the hours need to complete the application. After completing nearly 100 of these applications in the last 15 months, staff has been able to establish the average hours and using the established hourly rate to propose a fixed fee for this application. Building and Safety Fees Building and Safety fees were comprehensively reviewed and adopted in 2012. The adopted fees in the miscellaneous fee table include for most typical miscellaneous projects; projects not included in the fee list would be charged at the regular hourly rate based on the number of hours required to perform the work. Staff has identified several new fees not included in the previous fee study that are currently being charged on an hourly basis that should be assessed a fixed fee, using the same methodology as the previous fee study using the already established hourly rate for the department and the average hours required to perform the work to proposed a fixed fee for these user fees. In addition, staff is proposing some technical changes to the names of existing fees for clarification purposes. There is no proposed changes to the actual fee. During the creation of the fee tables for the Accela Automation project, it was determined that there was a technical error in select fees the adopted fee table for new construction which resulted in the technology fee being incorrectly calculated. All of the affected fees have been identified and corrected in the proposed resolution. EFFECTIVE DATE OF FEES: Pursuant to section 66017 of the California Government Code, "a fee or charge... upon a development project... which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use" shall become effective and payable sixty (60) days from the date of adoption of this Resolution. The non-resident fee increase will become effective after advertising in the Summer 2014 Grapevine, April 21, 2014. The User Group Fees for Community Services Department will become effective on July 1, 2014. PUBLIC NOTICE: Pursuant to government code Section 65090, this item was advertised 13 days in advance as a public hearing (1/8 page ad) in the Inland Valley Daily bulletin newspaper. No individual notice to property owners was provided. Respectfully submitted, C hr fi 1 X11 fA.AV\____ I. -/ /L/ Nettie Nielsen Trang HWyunh Director Director Community Services Department Building and Safety Services Attachment: Draft City Council Resolution adopting amended user fees I:ICOMMSERVICouncil&Boards1CityCouncillStaffReports'FeeAmendment1.15.14.docx P322 RESOLUTION NO. 14-003 A RESOLUTION OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING AN UPDATED FEE SCHEDULE FOR APPLICABLE TO COMMUNITY SERVICES AND COMMUNITY DEVELOPMENT AND AMENDING RESOLUTION NO. 12-196. A. Recitals. 1. The California Government Code allows the City to establish fees and charges for municipal services, provided such fees and charges do not exceed the estimated reasonable cost to the City in providing the service to which the fee or charge applies. 2. Data indicating the estimated or actual cost to provide each service, for which the fees and charges set forth herein apply, was made available to the public at least ten (10) days prior to the date of the public hearing. 3. On January 15, 2014, City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 4. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Resolution. The City Council of the City of Rancho Cucamonga finds and resolves as follows: SECTION 1: The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: The City Council hereby specifically finds that the fees and charges set forth in Sections 3, 4, 5 and 6 for do not exceed the estimated reasonable cost of providing the service for which the fee or charge be levied. • SECTION 3: The City hereby adopts the following fees for services performed by the Community Services Department. COMMUNITY SERVICES DEPARTMENT FEES SECTION 1 FACILITY USE FEES Table 1.1 Facility & Sport Field User Group Classification Chart and Description GROUP Qualifying Organization 1 Outside Governmental Agencies-RC Resident Benefit Use— function provides a direct benefit to RC residents 2 Non-profit civic,athletic,social organizations,churches and public and private schools based in Rancho Cucamonga whose function provides a direct benefit to RC residents 3 Outside Governmental Agencies—function does NOT provide a direct benefit to RC residents Resident non-profit organizations—private events/programs that do NOT meet Group 2 criteria City Residents—any approved function Employee Organizations—any approved function P323 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 2 Political Candidates Political Organizations—any approved function Non-resident non-profit,civic,social organizations and schools—any approved function 4 City commercial,business and profit making organizations—any approved function Non-residents—any approved function Non-resident employee organizations,commercial,business and profit making organizations and churches—any approved function CITY City of Rancho Cucamonga—directly hosted and coordinated by a City Department for official business CSD City of Rancho Cucamonga Community Services Department—directly hosted and coordinated by the Community Services Department The Community Services Department has policies governing the rentals of parks and facilities. The Community Services Director has authorization over the implementation of these polices. Table 1.2 General Facility Use Fees (Groups 2 —4) Application Fee-NON-refundable All locations $25.00 Alcohol Use Refundable Deposit Central Park,RC Family Resource Center, $500.00 VG Cultural Center Alcohol Use Administration Fee Central Park,RC Family Resource Center, $50.00 NON-refundable VG Cultural Center Overtime Fee All locations Time-and-a-half of normal rental rate Facility Decorating Discount(set-up and removal) All locations 50%of normal rental rate Table 1.3 City Staff Fees for Facility Use (Groups 2—4) One staff person is included in the rental fees as listed during regular operating hours and additional staff may be required depending on the type of event.Additional fee for staff is required for all rentals that occur during extended hours. CSD Building Staff All locations $15.00/hr Epicenter Rental Staff Epicenter Stadium $15.00/hr Technical,Front of House,Box Office VG Cultural Center $20.00/hr Theatre Technician Ill VG Cultural Center $40.00/hr CSD staff(Event Manager duties) VG Cultural Center $20.00/hr CSD staff(Stage Manager duties) VG Cultural Center $25.00/hr Front of House Services VG Cultural Center $80.00/hr Facility Maintenance Staff All locations As charged by Public Works Department Table 1.4 Rental Deposit Fees An Additional Rental Deposit may be required according to event/rental requirements and the City's risk assessment. Rental Deposit-Refundable Theater Victoria Gardens Cultural Center $1,000-$1,500 Rental Deposit-Refundable Event Hall All locations $500.00 Rental Deposit-Refundable Event Space Victoria Gardens Cultural Center $500.00 Rental Deposit-Refundable Large Victoria Gardens Cultural Center $500.00 Rental Deposit-Refundable Large/Medium Community Facilities $250.00 Rental Deposit-Refundable Basketball Courts RC Family Sports Center $200.00 P324 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 3 Rental Deposit-Refundable Sports Fields Soccer&Softball Fields—First Level $200.00 Allocation Rental Deposit-Refundable Sports Fields Soccer&Softball Fields—Second Level $100.00 Allocation Rental Deposit-Refundable Small All locations $100.00 Rental Deposit-Refundable Epicenter/Groups 1 -4 Epicenter Special Event Area $250.00 Rental Deposit-Refundable Epicenter/Groups 1 &2 Epicenter Sports Fields $250.00 Rental Deposit-Refundable Epicenter/Groups 3&4 Epicenter Sports Fields $400.00 Table 1.5 Cancellation Fees (Groups 2—4) In the event the renter requests a cancellation of their rental event after 7 calendar days from the time of application, a cancellation fee is withheld from any fees paid and/or the rental deposit at all locations as follows: Cancellation Fee—Small Room $25.00 Cancellation Fee—Medium/Large Room $50.00 Cancellation Fee—Full Event Halls $75.00 Cancellation Fee—Lewis Family Playhouse $100.00 Table 1.6 Victoria Gardens Cultural Center Box Office Fees (Groups 2—4) Handling Fee $1.75/ticket Rental Handling Fee $2.00/ticket Reprint Fee $2.00/ticket Exchange Fee $2.00/ticket Internet Fees(on Line Ticket Sales $2.00/order• Box Office Services(City sells tickets for Organizations/renters) $250.00 plus staff costs Ticket Printing Only $75.00/hr plus cost of ticket stock Per order plus extra charges applied by Tickets.com(our web host). This fee is based on the prices of the tickets, not to exceed$5.50 per ticket Table 1.7 Marquee Fees (Groups 2—4) Intermittent inclusion of one slide in the weekly schedule for a VGCC rental event(up to 3-weeks $250.00/week prior to event/Playhouse performance date)Includes$75 set up fee Exclusive use of Marquee during Courtyard Rental event(during event hours only,up to 6 hours $250.00/hr maximum) Tum off Marquee during private Courtyard rental event(during event hours only,up to 2 hours $75.00/hr maximum) Fee for each additional slide added to scheduled rotation $35.00/slide P325 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 4 Table 1.8 Victoria Gardens Cultural Center Service Fees (Groups 2-4) • Deputy Sheriff As charged by Sheriffs Department Merchandise Sales by Vendors 10-30%as negotiated per event VGCC In-house catering Based on order • Marketing Email Blast Fee to be determined based on quantity Marketing Freestanding Poster $50.00/week Marketing Direct Mailer $250.00/per list,plus postage Table 1.9 Equipment Use Fee-Community Facilities (Groups 2-4) NOTE:Not all items may be available at all facilities Portable Stage(set or strike) $100.00 Portable Public Address System $50.00 Microphone $25.00/each Projector $25.00 Projector w/built in screen $50.00 Portable screen $25.00 Piano $50.00 Piano Tuning $150.00 Large Power(over 30 amps) $1.00 per amp/day Cocktail Tables $12.00/each • Outdoor Portable Heaters $50.00/each Linen Rentals Established per use,based on selection Table 1.10 Equipment Use Fee-Victoria Gardens Cultural Center(Groups 2-4) Orchestra Pit Conversion $1,200.00 Portable Stage(up to 16'x 24') $300.00/day Portable Stage(up to 12'x 16') $150.00/day Single 4 x 8 Deck $25.00/day Portable Public Address System $100.00 Wireless Headset Microphone $50.00/day,Max$200/week Specialized AV or Rigging Equip Established per use,based on equipment Standard Facility AudioNisual Included Projector $75.00/day,Max$300/week Linens Established per use,based on selection Baby Grand Piano(stage use only) $150.00 Upright Piano $100.00 Large Power(over 30 amps) $1.00 per amp/day Facility Maintenance Staff As charged by Public Works Department Cocktail Table $12.00/each Piano Tuning(upon request) $200.00 Concessions Deposit $100.00 Portable Screen $25.00 Screen Dress Kit $50.00 Customized Monogram Gobo* $150.00* "(with installation of single lighting fixture$250) P326 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 5 • Puck Lights(includes labor) $50.00/each Specialty Equipment rented by City for customer use Cost of rental plus 20% Table 1.11 Indoor Facility Room Rental Fees- Central Park-Goldy S. Lewis Community Center-Community Facility Event Hall Group 2 Operating Hours $75.00/hr Group 3 Operating Hours $180.00/hr Group 4 Operating Hours $195.00/hr Group 2 Extended Hours $105.00/hr Group 3 Extended Hours $225.00/hr Group 4 Extended Flours $255.00/hr Large Room Group 2 Operating Flours $25.00/hr Group 3 Operating Flours $60.00/hr Group 4 Operating Hours $65.00/hr Group 2 Extended Flours $35.00/hr Group 3 Extended Hours $75.00/hr Group 4 Extended Hours $85.00/hr Medium Room Group 2 Operating Hours $20.00/hr Group 3 Operating Flours $55.00/hr Group 4 Operating Hours $60.00/hr Group 2 Extended Hours $30.00/hr Group 3 Extended Hours $70.00/hr Group 4 Extended Hours $80.00/hr Small Room Group 2 Operating Hours $15.00/hr Group 3 Operating Hours $40.00/hr Group 4 Operating Hours $50.00/hr Group 2 Extended Hours $20.00/hr Group 3 Extended Hours $55.00/hr Group 4 Extended Hours $60.00/hr Large Kitchen Group 2 Operating Hours $20.00/hr Group 3 Operating Hours $30.00/hr Group 4 Operating Hours $40.00/hr Group 2 Extended Hours $20.00/hr Group 3 Extended Hours $30.00/hr Group 4 Extended Hours $40.00/hr P327 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 6 Table 1.12 Indoor Facility Room Rental Fees- Central Park-James L. Brulte Community Center- Community Facility Event Hall w/kitchen Group 2 Operating Hours $50.00/hr Group 3 Operating Hours $120.00/hr Group 4 Operating Flours $130.00/hr Group 2 Extended Hours $70.00/hr Group 3 Extended Hours $150.00/hr Group 4 Extended Hours $170.00/hr Large Room Group 2 Operating Hours $25.00/hr Group 3 Operating Hours $60.00/hr Group 4 Operating Hours $65.00/hr Group 2 Extended Hours $35.00/hr Group 3 Extended Hours $75.00/hr Group 4 Extended Hours $85.00/hr Medium Room Group 2 Operating Hours $20.00/hr Group 3 Operating Hours $55.00/hr Group 4 Operating Hours $60.00/hr Group 2 Extended Hours $30.00/hr Group 3 Extended Hours $70.00/hr Group 4 Extended Flours $80.00/hr Small Room Group 2 Operating Hours $15.00/hr Group 3 Operating Hours $40.00/hr Group 4 Operating Flours $50.00/hr Group 2 Extended Hours $20.00/hr Group 3 Extended Flours $55.00/hr Group 4 Extended Hours $60.00/hr Large Kitchen Group 2 Operating Hours $20.00/hr Group 3 Operating Hours $30.00/hr • Group 4 Operating Hours $40.00/hr Group 2 Extended Hours $20.00/hr Group 3 Extended Hours $30.00/hr Group 4 Extended Flours $40.00/hr *5%discount on room rental rates for all Central Park Event Hall bookings of 12 hours or more per occurrence. Table 1.13 Indoor Facility Room Rental Fees- Civic Center Courtyard-Community Facility Courtyard Group 1 Operating Hours No charge Group I Extended Flours No charge Rains Room w/Courtyard Group I Operating Hours No charge Group 1 Extended Hours No charge P328 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 7 Table 1.14 Indoor Facility Room Rental Fees- Equestrian Center* -Community Facility * Includes use of P.A.System.Equestrian Center Lights are reimbursed at 100%of actual energy consumption. Arenas have a coin metered box for electrical cost recovery for drop in use. Small Room Group 2 Operating Hours $10.00/hr Group 3 Operating Hours $10.00/hr Group 4 Operating Hours $25.00/hr Group 2 Extended Hours $15.00/hr • Group 3 Extended Hours $15.00/hr Group 4 Extended Hours $35.00/hr Arena Group 2 Operating Flours $10.00/hr Group 3 Operating Hours $10.00/hr Group 4 Operating Flours $25.00/hr Group 2 Extended Flours $15.00/hr Group 3 Extended Hours $15.00/hr Group 4 Extended Hours $35.00/hr Daily Snack Bar Group 2 Operating Hours $5.00/hr Group 3 Operating Flours $5.00/hr Group 4 Operating Hours $10.00/hr Group 2 Extended Hours $5.00/hr Group 3 Extended hours $5.00/hr Group 4 Extended Hours $10.00/hr Annual Shared Storage Group 2 Operating Hours $75.00/hr Group 3 Operating Flours n/a Group 4 Operating Hours n/a Group 2 Extended Hours $75.00/hr Group 3 Extended Hours n/a Group 4 Extended Hours n/a Electrical Light Fee Group 1 -4 Operating Hours Actual Costs Group 1 -4 Extended Flours Actual Costs Table 1.15 Indoor Facility Room Rental Fees- Lions Center East-Community Facility Large Room Group 2 Operating Hours $21.00/hr Group 3 Operating Hours $53.00/hr Group 4 Operating Hours $63.00/hr Group 2 Extended Hours $32.00/hr Group 3 Extended Hours $68.00/hr Group 4 Extended Hours $78.00/hr Small Room Group 2 Operating Hours $11.00/hr Group 3 Operating Hours $32.00/hr Group 4 Operating Hours $42.00/hr Group 2 Extended Hours $21.00/hr Group 3 Extended Hours $47.00/hr Group 4 Extended Hours $58.00/hr P329 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 8 Table 1.16 Indoor Facility Room Rental Fees- Lions Center West-Community Facility Large Room Group 2 Operating Hours $26.00/hr Group 3 Operating Hours $58.00/hr Group 4 Operating Hours $68.00/hr Group 2 Extended Hours $37.00/hr Group 3 Extended Hours $73.00/hr Group 4 Extended Hours $84.00/hr Small Room Group 2 Operating Flours $1 1.00/hr Group 3 Operating Hours $32.00/hr Group 4 Operating Hours $42.00/hr Group 2 Extended Hours $21.00/hr Group 3 Extended Flours $47.00/hr Group 4 Extended Hours $58.00/hr Small Kitchen Group 2 All Hours $1 1.00/hr Group 3 All Hours $16.00/hr Group 4 All Hours $21.00/hr Table 1.17 Indoor Facility Room Rental Fees- RC Family Resource Center-Community Facility Large Room Group 2 Operating Flours $21.00/hr Group 3 Operating Hours $53.00/hr Group 4 Operating Hours $63.00/hr Group 2 Extended Hours $32.00/hr Group 3 Extended Flours $69.00/hr Group 4 Extended Hours $79.00/hr Small Room Group 2 Operating Hours $11.00/hr Group 3 Operating Hours $32.00/hr Group 4 Operating Hours $42.00/hr Group 2 Extended Flours $21.00/hr Group 3 Extended Hours $47.00/hr Group 4 Extended Hours $58.00/hr Table 1.18 Indoor Facility Room Rental Fees- RC Family Sports Center-Community Facility Large Room Group 2 Operating Flours $25.00/hr Group 3 Operating Hours $53.00/hr Group 4 Operating Flours $63.00/hr Group 2 Extended Hours $32.00/hr Group 3 Extended Hours $53.00/hr Group 4 Extended Hours $63.00/hr Medium Room Group 2 Operating Hours $21.00/hr Group 3 Operating Hours $42.00/hr Group 4 Operating Hours $53.00/hr P330 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 9 . Group 2 Extended Flours $32.00/hr Group 3 Extended Flours $53.00/hr Group 4 Extended Flours $63.00/hr Small Room Group 2 Operating Hours $11.00/hr Group 3 Operating Hours $32.00/hr Group 4 Operating Hours $42.00/hr Group 2 Extended Hours $21.00/hr Group 3 Extended Hours $47.00/hr Group 4 Extended Hours $58.00/hr Basketball Court Group 2 All Hours $32.00/hr Group 3 All Hours $47.00/hr Group 4 All Flours $63.00/hr Table 1.19 Indoor Facility Room Rental Fees- Victoria Gardens Cultural Center Celebration Hall A&B&C Group 2 Operating Hours $65.00/hr Group 3 Operating Flours $140.00/hr Group 4 Operating flours $160.00/hr Group 2 Extended Hours $85.00/hr Group 3 Extended Flours $170.00/hr Group 4 Extended Hours $185.00/hr 1/3 of Celebration Hall Group 2 Operating Flours $40.00/hr Group 3 Operating Hours $80.00/hr Group 4 Operating Hours $95.00/hr Group 2 Extended Flours $55.00/hr Group 3 Extended Flours $95.00/hr Group 4 Extended Flours $105.00/hr 2/3 of Celebration Hall Group 2 Operating Hours $55.00/hr Group 3 Operating Hours $110.00/hr Group 4 Operating Flours $130.00/hr Group 2 Extended Hours $70.00/hr Group 3 Extended Hours $130.00/hr Group 4 Extended Flours $150.00/hr Studio Theatre(Rehearsal Hall) Group 2 Operating Flours $40.00/hr Group 3 Operating Flours $80.00/hr Group 4 Operating Flours $95.00/hr Group 2 Extended Flours $55.00/hr Group 3 Extended Hours $95.00/hr Group 4 Extended Flours • $105.00/hr Lewis Family Playhouse(Theatre&Backstage)PREP DAYS-4 hour minimum Group 2 Operating Flours $80.00/hr Group 3 Operating Flours $105.00/hr Group 4 Operating Flours $105.00/hr Group 2 Extended Flours $105.00/hr Group 3 Extended Hours $135.00/hr Group 4 Extended Flours $135.00/hr P331 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 10 Lewis Family Playhouse(Theatre&Backstage)PERFORMANCE DAYS-4 hour minimum Group 2 Operating Hours $160.00/hr Group 3 Operating Hours $210•00/hr Group 4 Operating Hours $210.00/hr Group 2 Extended Flours $210.00/hr Group 3 Extended Hours $265.00/hr Group 4 Extended Flours $265.00/hr Playhouse Lobby Group 2 Operating Hours $55.00/hr Group 3 Operating Hours $75.00/hr Group 4 Operating Hours $105.00/hr • Group 2 Extended Hours $75.00/hr Group 3 Extended Hours $95.00/hr Group 4 Extended Hours $130.00/hr Courtyard Group 2 Operating Flours $55.00/hr Group 3 Operating Flours $75.00/hr Group 4 Operating Flours $105.00/hr Group 2 Extended Flours $75.00/hr Group 3 Extended Flours $95.00/hr Group 4 Extended Hours $130.00/hr *For extended periods of Playhouse rental, negotiated fees may be approved by the Community Services Director. Table 1.20 Outdoor Park Facility Rental Fees (Groups 2-4) Application Fee-NON-refundable $10.00 Mobile Lift Rental $300.00 Mobile lift is available for rent only for events conducted on City property and would require 2 part-time Staff Members to deliver, operate and return the equipment. Table 1.21 Outdoor Park Facility Filming Fees (Groups 2 -4) Filming for Commercial/Business purposes in neighborhood and community parks is approved based upon availability ofpark space and requires a film permit. It may require a Temporary Use Permit and any applicable fees or staff costs for City services. Film Permit(Planning Department) $159.00 Inspection Fee(Planning Department) $110.00 Table 1.22 Outdoor Park Facility Picnic Shelter Rental Fees Various City parks may be reserved for use. Small Picnic Shelter Group 2 All Reservable Park space $9.00/hr Group 3 All Reservable Park space $14.00/hr Group 4 All Reservable Park space $19.00/hr Large Picnic Shelter Group 2 All Reservable Park space $13.00/hr Group 3 All Reservable Park space $19.00/hr Group 4 All Reservable Park space $25.00/hr • P332 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 11 Table 1.23 Outdoor Park Facility Red Hill Amphitheater Rental Fees Stage Groups 2—3 Red Hill Community Park $27.00/hr Group 4 Red Hill Community Park $52.00/hr Sound Monitoring Groups 2-4 Red Hill Community Park $15.00/hr Table 1.24 Outdoor Park Facility Moon Bounce/Inflatable and/or Specialized Equipment Fees Bouncer/Specialized Entertainment Groups 2-4 All Reservable Park space $27.00/per piece Equipment Table 1.25 Outdoor Park Facility Special Event Area Rental Fees Special Event Area Group 2 Red Hill Community Park* $78.00/hr Group 3 Red Hill Community Park* $105.00/hr Group 4 Red Hill Community Park* $157.00/hr Special Event Area Group 2 Heritage Community Park $53.00/hr Group 3 Heritage Community Park $78.00/hr Group 4 Heritage Community Park $105.00/hr Special Event Area Group 2 Central Park" $78.00/hr Group 3 Central Park" $105.00/hr Group 4 Central Park" $157.00/hr Special Event Area Group 2 Central Park Bridge No fee Group 3 Central Park Bridge $53.00/hr Group 4 Central Park Bridge $78.00/hr Special Event Area Group 2 PET Staging Area $26.00/hr Group 3 PET Staging Area $53.00/hr Group 4 PET Staging Area $105.00/hr *Includes use of Amphitheatre. **Includes use of the Central Park Pavilion(When completed) SECTION 2 PARK SPORTS FIELD RENTAL FEES Table 2.1 Community and Neighborhood Park Leagues and Tournaments Rental Fees Each City Staff Group 2 Softball and Soccer Fields $15.00/hr City staff to oversee and coordinate activities. Applicant is also required to pay all event related expenses. This will include the cost for Police Security when deemed necessary. Table 2.2 Community Softball and Soccer Field Use Fees Full Market Rate Fee Tier-Organized Leagues,Tournaments and any other private resident use 2 Flours and Less Group 2 Softball and Soccer Fields $30.00 Group 3 Softball and Soccer Fields $40.00 P333 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 12 Group 4 Softball and Soccer Fields $79.00 4 Hours and Less Group 2 Softball and Soccer Fields $60.00 Group 3 Softball and Soccer Fields $80.00 Group 4 Softball and Soccer Fields $131.00 All Day and Less Group 2 Softball and Soccer Fields $120.00 Group 3 Softball and Soccer Fields $160.00 Group 4 Softball and Soccer Fields $210.00 Infield Lining All Groups Softball and Soccer Fields Actual Cost Light Fee All Groups Softball and Soccer Fields Actual Cost Table 2.3 Community Softball and Soccer Field Use Fees Discounted Fee Tier:reserved during Second Level Allocation time period. Nonprofit Resident Youth Organizations submitting proof of status with IRS letter of determination will receive a 50% discount off rental rates for Group 2 and 50%off the field deposit fee. Other Resident Youth teams or organizations without a nonprofit status will receive a 35%discount off the rental rates for Group 3 and 50%off the field deposit fee. 2 Hours and Less Group 2/nonprofit Softball and Soccer Fields $15.00 Group 3/other Softball and Soccer Fields $26.00 4 Hours and Less Group 2/nonprofit Softball and Soccer Fields $30.00 Group 3/other Softball and Soccer Fields $52.00 All Day and Less Group 2/nonprofit Softball and Soccer Fields $60.00 Group 3/other Softball and Soccer Fields $104.00 Infield Lining All Groups Softball and Soccer Fields Actual Cost Light Fee All Groups Softball and Soccer Fields Actual Cost Table 2.4 Snack Bar Fees (All groups/All Locations) Non-profit groups bringing in snack bars(i.e. trailers, canopies, easy-ups). Snack Bars $25.00/day Table 2.5 Storage Use Fees (Group 2/All Locations) City-Owned storage located in City Parks,fees will be assessed as follows:Primary use for Approved Park and Recreation Commission Community organizations. Seasonal Storage $78.00/season SECTION 3 YOUTH AND ADULT EPICENTER RENTAL FEES Table 3.1 Epicenter Sport Fields Rental Fees Field Rental-2 Hours and Less' Groups 1 &2 Weekday and Weekend $53.00/field Groups 3&4 Weekday and Weekend $158.00/field Groups 1 &2 City Holidays $78.00/field Groups 3&4 City Holidays $236.00/field P334 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 13 Field Rental-4 Hours and Less* Groups 1 &2 Weekday and Weekend $105.00/field Groups 3&4 Weekday and Weekend $262.00/field Groups 1 &2 City Holidays $157.00/field Groups 3&4 City Holidays $393.00/field Field Rental—All Day* Groups 1 &2 Weekday and Weekend $210.00/field Groups 3&4 Weekday and Weekend $367.00/field Groups I &2 City Holidays $315.00/field Groups 3&4 City Holidays $551.00/field Infield Lining All Groups Actual Cost Light Fee All Groups Actual Cost Includes initial field dragging and watering. ***Adult softball fields=all 3 softball fields must be rented when renting softball fields. When additional City staffing, equipment and material are required for tournaments and/or special event programs scheduled at the Epicenter Sports fields, the applicant is required to pay all event-related expenses. This will include the cost for Police Security when deemed necessary. Table 3.2 Epicenter Stadium (LoanMart) Complex Facility Rental Fees Stadium Rental Ticketed Events $2,500.00/day Plus 10%of gross ticket sales Non Ticketed Events $3,000.00/day Sky Box Rental/per Box Ticketed and non-Ticketed $50.00/hr Events Café Area Ticketed and non-Ticketed $50.00/hr Events Ticketed and non-Ticketed Pavilion(3`d base) Events $75.00/hr Plaza(I*base) Ticketed and non-Ticketed $85.00/hr Events Table 3.3 Epicenter Parking Area Rental Fees Stadium On-Site Ticketed Events $600.00/day Parking Lots A,B,or C Plus 10%of gross ticket sales Non Ticketed Events $750.00/day Stadium On-Site 'Picketed Events $400.00/day Parking Lots D,E,or F Plus 10%of gross ticket sales Non Ticketed Events $500.00/day Stadium On-Site 'Picketed Events $600.00/day Parking Lots G-2(only) Plus 10%of gross ticket sales Non Ticketed Events _ $750.00/day Stadium On-Site "Picketed Events $1,500.00/day Parking Lots G-2 and G-3 Plus 10%of gross ticket sales Non Ticketed Events $2,000.00/day Table 3.4 Epicenter Special Event Area* Rental Fees •Special event area defined as grass area between parking lots A and B. Epicenter Grass Event Area Groups 1—4 I $100.00/hr P335 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 14 Table 3.5 Epicenter Filming Rental Fees General Still Photography Minimum of$250.00 to$500.00 per day,depending on (Not for Commercial/For profit purposes) photography requirements,plus actual costs for City services. Commercial/For Profit Filming Minimum of$3,000-$6,000 per day,depending on filming requirements,plus actual costs for City services. Commercial/For Profit Filming in a Parking Lot Minimum of$1,000-$3,000 per day,depending on filming requirements,plus actual costs for City services. Commercial/For Profit Still Photography Minimum of$500-$2,000 per day,depending on filming requirements,plus actual costs for City services. Film Permit Film Permit application process and fees are subject to the Planning Department's criteria and current fees. Location Credit Required City of Rancho Cucamonga Epicenter Stadium Lighting Fee Actual Costs • Technical Scout Meeting(s) Planning meeting(s)with technical crew,prior to final $250.00 per meeting contract A minimum of one staff member will be assigned to each rental. Table 3.6 Epicenter Stadium Service Fees—Parking Lot** Baseball Events Option to charge:$2.00 per car;$15.00 per bus Option to charge:$3.00-$5.00 per car;$5.00-$10.00 per VIP Concerts and Special Events car;and$15.00 per bus.Fifty percent(50%)returns to the City. Parking Lot Events Option to charge:$2.00-$5.00 per car. Fifty percent(50%) • returns to the City. **Exception to Parking Rates applies to vehicles entitled to occupy the preferred parking area(Lot A)delineated in the lease with Rancho Baseball, LL Table 3.7 Epicenter Stadium Service Fees—Concessions* 20%of gross sales from for-profit organizations Food and Beverage o 10/u of gross sales from non-profit organizations Merchandise and Novelties 20%of gross sales from for-profit organizations (Books,Tapes,CD's,DVD's,Programs,T-shirts,etc.) 10%of gross sales from non-profit organizations * Based upon the event proposed, the fees shown may be subject to negotiation. * Based on Provisions of the Municipal Ordinance. Table 3.8 Epicenter Stadium Service Fees—Miscellaneous Additional Move-in/Move-out Days 50%of daily event rental rate Canopy/Tent Maintenance Reserve Fee Minimum of$300.00 to$1,000.00 per event depending on event/rental requirements City Business License Required Deposit Minimum of$500.00 to$2,500.00 per day,depending upon event/rental requirements. At the discretion of the Community P336 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 15 Services Director,an additional Deposit may be required depending upon event/rental requirements and the City's liability exposure Applicant is required to pay all event related expenses including personnel,equipment and materials and other related costs. In Event Expenses some instances events at the Epicenter may incur additional fees that are assessed separately from the Police Department,the Building and Safety Division and the Fire District for security I services,inspections and/or permits. SECTION 4 GENERAL FEES Table 4.1 General Fees (All Locations for Classes, Workshops, Programs, and Activities) Non-Resident Fee $13.00 Non-Resident Fee—Senior programs 5 $4.00 weeks or less Non-Resident Fee—Senior programs 6 $12.00 weeks or more Program Refund Fee $10.00 Registration Fee/Equipment Replacement Fund $2.00/each transaction SECTION 4: The City Council hereby amends Resolution 12-196 and adopts the following fees for services performed by the Building and Safety Department, including a technology fee of 4.5%. P337 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 16 MISCELLANEOUS ITEMS PERMIT FEES Current Work Item Unit Fee New Fee Door 21 • New door opening (non structural) each $165.11 $165.11 •New door opening (structural shear 22 wall/masonry) each $165.11 $232.05 31A Wood, Chain Link Fence(over 6' high) up to 1000 I.f. $0.00 $132.60 48A Precise Grading Review Hourly rate $0.00 $132.60 Private Street Improvement 49 • Water& Sewer: 1-10 lots $265.20 $265.20 50 • Water& Sewer 11 - 50 lots $927.00 $927.00 52 •Water& Sewer: 6 acres or more site $828.75 $828.75 54 Hydrology/hydraulic Report: 1-5 ac. $331.50 $331.50 Hydrology/hydraulic Report: each 55 additional 5 acres $132.60 $132.60 Hydrology/hydraulic Report: 5 acres 56 comm./industrial $331.50 $0.00 Hydrology/hydraulic Report:: 5 acres 57 or more comm./indus. $464.10 $0.00 62 Lighting pole each $132.60 $132.60 Partition - Residential, Interior(up to 68 100 I.f.) up to 100 I.f. $221.00 $221.00 87 Relocated Building each $640.90 $640.90 Remodel -Residential up to 1000 98 • 1000 s.f. Single Story s.f. $861.89 $430.95 99 • Additional remodel each 1000 s.f. $265.20 $265.20 Re-roofing -Residential 100 • Tile/Shake-first 500 sf up to 500 s.f. $397.80 $397.80 101 • Each additional 500 s.f. each 500 s.f. $99.45 $99.45 102 • Comp/Metal -first 500 s.f. up to 500 s.f.. $99.44 $99.44 103 • Each additional 500 s.f. each 500 s.f. $99.44 $99.44 Re-roofing -Commercial up to 1000 103A • Hot Mop/Built Up-first 10,000 sf s.f. $0.00 $397.80 • Each additional 10,000 s.f. each 1000 s.f.. $0.00 $397.80 Room Addition - Multi-story • Additional room addition (over 500 111 s.f.) each 1000 s.f. $1,988.98 $0.00 • Additional room addition (over 1000 112 s.f. with or without calcs) each 1000 s.f. $397.80 $397.80 112A Spray Booth $0.00 $232.05 Storage Shed 138A • Prefab each $0.00 $99.45 138B • With Calcs each $0.00 $198.90 P338 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 17 PLAN CHECK AND INSPECTION FEES Project Each IBC Size Current Additional Class IBC/CBC Occupancy Type Threshold Fee New Fee 100 sf* A-3 Assembly-Auditorium 20,000 $7,189.60 $7,509.37 $6.67 A-3 Assembly-Small Assembly Bldgs 5,000 $4,847.76 $5,003.46 $24.79 B Business-Bank 20,000 $5,964.86 $5,952.78 $8.70 B Business-Laundromat 5,000 $4,847.76 $4,837.94 $27.32 B B Occupancy Tenant Improvements 500 $1,096.21 $1,093.99 $22.15 2,500 $1,539.29 $1,536.17 $21.57 5,000 $2,078.51 $2,074.30 $8.99 10,000 $2,527.86 $2,522.74 $4.56 25,000 $3,211.29 $3,204.79 $4.47 50,000 $4,329.44 $4,320.67 $8.66 Educational-Day Care 5+ children, older than 2 E 1/2 yrs 2,000 $4,979.00 $3,547.89 $46.50 M Mercantile-Retail or wholesale store 1,000 $3,406.70 $3,407.75 $26.87 5,000 $4,481.48 $4,472.41 $20.56 10,000 $5,509.24 $5,498.08 $13.83 20,000 $6,891.78 $6,877.82 $5.65 50,000 $8,585.72 $8,568.33 $4.69 100,000 $10,930.70 $11,118.80 $10.93 M Mercantile-Retail Tenant Improvements 200 $1,315.13 $1,312.47 $58.72 1,000 $1,784.86 $1,781.25 $39.29 2,000 $2,177.78 $2,173.37 $25.94 4,000 $2,696.62 $2,691.16 $12.07 10,000 $3,420.81 $3,413.88 $13.55 R-3 Dwellings-Custom Homes 1,000 $1,712.76 $1,709.29 $28.74 models 2,000 $2,000.13 $1,996.08 $24.35 3,000 $2,243.62 $2,239.08 $38.98 4,000 $2,633.40 $2,628.07 $33.96 5,000 $2,973.03 $2,967.01 $15.68 10,000 $3,756.78 $3,749.17 $33.01 R-3 Dwellings-Production Phase 1,000 $785.84 $784.25 $9.09 of Master Plan (repeats) 2,000 $876.76 $874.98 $14.00 3,000 $1,016.79 $1,014.73 $16.72 4,000 $1,183.99 $1,181.59 $13.90 5,000 $1,322.97 $1,320.29 $6.73 10,000 $1,659.46 $1,656.10 $15.11 S-1 _ Storage-Mini Storage 500 $1,195.48 $1,193.06 $110.30 S-2 Storage-Low Hazard, Parking Garages 500 $1,316.70 $1,314.04 $48.44 - Open or Enclosed 2,500 $2,285.42 $2,280.80 $71.52 U Accessory-Agricultural Building 500 $1,316.22 _$_1_,_313.55 $86.43 SHELL BUILDINGS - All Shell Buildings 1,000 $2,816.27 $2,810.57 $31.74 5,000 $4,085.95 $4,077.68 _ $18.45 10,000 $5,008.68 $4,998.54 $13.61 20,000 $6,369.27 $6,356.37 $4.59 P339 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 18 Project Each IBC Size Current Additional Class IBCICBC Occupancy Type Threshold Fee New Fee 100 sf* 50,000 $7,745.54 $7,729.86 $3.36 100,000 $9,423.81 $9,404.73 $9.42 - A-2 Shell: Assembly-Food & Drink 500 $2,447.35 $2,442.39 $51.15 2,500 $3,470.44 $3,463.41 $31.27 5,000 $4,252.10 $4,243.49 $22.47 10,000 $5,375.48 $5,364.59 $8.02 25,000 $6,578.27 $6,564.95 $5.85 50,000 $8,041.27 $8,024.99 $16.08 - B Shell: Business-Medical Offices 1,000 $2,816.27 $2,810.57 $29.47 5,000 $3,995.03 $3,986.94 $17.89 10,000 $4,889.55 $4,879.65 $16.47 20,000 $6,536.47 $6,523.23 $3.42 50,000 $7,561.62 $7,546.31 $3.27 100,000 $9,198.09 $9,179.46 $9.20 - B Shell: Business-Professional Office 1,000 $2,849.71 $2,843.94 $29.86 5,000 $4,044.15 $4,035.96 $18.31 10,000 $4,959.52 $4,949.48 $12.97 20,000 $6,256.41 $6,243.74 $4.66 50,000 $7,655.67 $7,640.17 $3.31 100,000 $9,310.95 $9,292.10 $9.31 - - Lab/R&D 1,000 $3,361.24 $3,354.43 $26.16 5,000 $4,407.81 $4,398.88 $21.37 10,000 $5,476.32 $5,465.23 $13.70 20,000 $6,846.32 $6,832.46 $6.63 50,000 $8,834.95 $8,817.06 $4.65 100,000 $11,160.60 $11,138.00 $11.16 Each additional 100 square feet, or portion thereof, up to the next highest project size threshold. Note: The above fees cover typical projects. Fees for certain unique or similar projects will be determined on a case-by-case basis by the Building and Safety Director. It will be based on the overhead hourly rate and the time of service provided. SECTION 5: The City Council hereby amends Resolution 12-196 and adopts the following fees for services performed by the Planning Department, including a technology fee of 4.5%. Current New Fee Name Fee Fee Certificate of Appropriateness (Residential Use/Small 5A Business) $2,180.92 $0.00 29 Landmark Application $3,602.12 $0.00 31 Mills Act Application . $1,407.62 $0.00 41 Site Development Review $100/hour $313.50 P340 CITY COUNCIL RESOLUTION NO.14-xxx FEES FOR COMMUNITY DEVELOPMENT AND COMMUNITY SERVICES January 15, 2014 Page 19 Note: The above fees cover typical projects. Fees for certain unique or similar projects will be determined on a case-by-case basis by the Planning Director. It will be based on the overhead hourly rate and the time of service provided. SECTION 6: The fees set forth in section 3 of this Resolution shall take effect July 1, 2014. SECTION 7: Subject to the provisions of Section 8, in accordance with California Government Code Section 66017, those fees and charges set forth in Sections 4 and 5, that constitute "a fee or charge...upon a development project...which applies to the filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use" shall become effective and payable sixty (60) days from the date of adoption of this Resolution. SECTION 8: Each fee set forth in Sections 4 and 5 shall be adjusted annually, commencing on July 1, 2014, and each year thereafter, without further action of the City Council, based on the Employee Cost Index for State and Local Government Employees, Total Compensation, during the 12 month period ending on December 31st of the immediately preceding year, as released by the U.S. Department of Labor's Bureau of Labor Statistics and rounded to the nearest whole dollar. If this index is discontinued, a replacement index, as determined by the City Council, shall be utilized. SECTION 12: The City Clerk shall certify to the adoption of this Resolution. P341 car3/4 STAFF REPORT kit ENGINEERING SERVICES DEPARTMENT RANCHO Date: January 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer *II& Shelley Hayes, Assistant Engineer of Subject: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $133,230.00, TO THE LOWEST RESPONSIVE BIDDER, GOLDEN STATE CONSTRUCTORS INC., AND AUTHORIZE THE EXPENDITURE OF A 10% CONTINGENCY IN THE AMOUNT OF$13,323.00, FOR THE SIDEWALK IMPROVEMENTS AT 9T" STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8T" STREET TO 9T" STREET TO BE FUNDED FROM SAFE ROUTE TO SCHOOL GRANT FUNDS AND CITYWIDE INFRASTRUCTURE FUNDS, ACCOUNT NOS. 1234303-5650/1856234-0 AND 1198303-5650/1856198-0, RESPECTIVELY RECOMMENDATION It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of$133,230.00, to the lowest responsive bidder, Golden State Constructors Inc., and authorize the expenditure of a 10% contingency in the amount of $13,323.00, for Sidewalk Improvements at 9`h Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8`h Street to 9'h Street to be funded from Safe Route to School Grant Funds and Citywide Infrastructure Funds, Account Nos. 1234303-5650/1856234-0 and 1198303-5650/1856198-0, respectively. BACKGROUND/ANALYSIS Per previous Council action, bids were solicited, received and opened on December 10, 2013, for the subject project. The Engineer's estimate for the base bid was $172,000.00. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. The scope of work consists of clearing and grubbing, installation of new curb and gutter, sidewalks, driveway approach, handicap ramps, tree removals and paving. The contract documents call for thirty (30) working days to complete this construction. Respectfully submitted, M�teuer Director of Engineering Services/City Engineer MAS/RMD/SH:ls Attachments P342 N ALND1ry „ - • k�lSl ...,„, A HILLSIDE RD. y_ ----_____ L WILSON AVE. I A 5-11., _. 1 u __ --zi----_-_-„------ \'''') 1 . i 4 R BANAN ST. a+ t, _ } ,,,i, _� _-_._- = IO q C C _ NAVE HIGHLAND AVE. , HIGHLAND AVE ' - ��� - ,..� alp - i„ ,_, IMP., 1 i , --- _�� z2aNm 14th ST. kt 1;F-E1 14th ST. -- -- �.:.. P ,:�- HDTRE V T ST. .. TE V - . ST. j U UPLAND UM BA I ► ROAn y 141(,y W BASELINE AVE', � 1� j{` I Y i ;t�LPK4Y 11 i§ r- - Se Q• CHURCH ST. I Kilt �+� i�\ ' i i SAN BERNARDI . RD Pi � a EOQTHILL BLVD L. ,w ” emu, t, El/letwilmeit ( RDUTE- PRIM f [I— _JERSEY BLVAJ •M MIh. _ Bt .T� E, i III IlL P1 7th STREET 6th p TREET ES 4 III PROJECT 15 i PI - II 4th STREET I/ LOCATION 0 „ 1 . ONTARIO II -- 1-10 FREEVAY = 10 — CITY OF RANCHO CUCAMONGA low 9TH ST. (SPUR TO HELLMAN AVE.) & %V *.` BAKER AVE. (8TH ST. TO 9TH ST.) N.T.B. 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'( 11 1 ""i 1 iii --'I1 n . `I . .1. • 1 I 1 • 1 ' 1 ',Si 4;4;4 ,.i1 0 ill. i t4 11 , ti tti 4%�Eti• 1 1 1 'i ti I I l It � X9;1`} ; ' '+'1 . 0 0 . . pi t 1 ',81,11•:wl :' • , 14,` • l- .,l'{ LJ I ',''''lily, N • 1 . In ••,'.'..1.11.': rI in . 1' , o m E Ln co • '0 0 rl 0 in � 0 I 0 •_C . it (n ^ U ) C i C 0 LL C = CO at 3 � U CC rn . o QJ ri a' -o O coo m rl v) '1h • ta *' a o a •0.1 N E m = O v t cc N "a Q. ( LI C = to to Jo � t 0 Q L cu 0 w 0 a ° • O -o U ` � `~ • 3 .> o o a a O iD o < U oC L ' Os • • • • • • . . Cr t 1`I .., • Iy'1 1 1l 'ih l•11 1. 1 • 1 1 ,1 ';;;;-'1;•.1••••••,1, . '1 'R1 L i. 11 1a l ,i S1 . i :1'. 1 1 • ti i '∎ •• .• P343 STAFF REPORT deifi fp PLANNING DEPARTMENT DATE: January 15, 2014 RANCHO TO: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager FROM: Candyce Burnett, Planning Manager BY: Tabe Van der Zwaag, Associate Planner Mike Smith, Associate Planner Mayuko Nakajima, Assistant Planner SUBJECT: RECAP OF DESIGN AND SIGN TOUR (DRC2013-01029) RECOMMENDATION: Following the PowerPoint presentation, staff recommends that the City Council offer feedback to Staff relevant to the presentation. BACKGROUND: On October 30, 2013, a tour for the City Council and the Planning Commission was conducted as a joint public meeting. The tour was organized by Planning Staff and highlighted high density development, TOD's (Transportation Oriented Development) and mixed use development. The tour included visiting three different cities: Santa Clarita, Pasadena and Monrovia. The tour stops pinpointed various types of existing development at different densities, architectural styles, mixed land use types and TOD's. All of the cities visited have successfully incorporated these projects within their existing environment. Following the tour, staff presented a recap presentation to the Planning Commission on December 11, 2013 to discuss the ideas gained from the tour and to provide additional feedback to Staff. The discussion and the general feedback offered to staff was that the City is moving in the right direction and now is the right time to start implementing some of the goals from our General Plan for more sustainable types of development. Staff is now seeking feedback from the City Council. Respectfully submitted, cv 11 Candyce B ett Planning Manager CB:MN/LS Attachment: December 11, 2013 draft public workshop minutes P344 WowTHE CITY OF RANCHO CUCAMONGA Lys/8J WORKSHOP OF RANCHO CUCAMONGA THE HISTORIC PRESERVATION COMMISSION AND THE PLANNING COMMISSION DECEMBER 11 , 2013 - 7:00 PM MINUTES Rancho Cucamonga Civic Center RAINS ROOM 10500 Civic Center Drive Rancho Cucamonga, California I. CALL To ORDER Pledge of Allegiance TIME 7:40 PM Roll Call Chairman Howdyshell X Vice Chairman Fletcher X Munoz X Wimberly X Oaxaca X II. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or the Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic Preservation Commission or the Planning Commission from addressing any issue not previously included on the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Historic Preservation Commission or Planning Commission, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises,or engaging in any activity which might be disruptive to the decorum of the meeting. III. ITEMS FOR DISCUSSION P345 w� HISTORIC PRESERVATION COMMISSION 14yJ AND PLANNING COMMISSION .� WORKSHOP MINUTES RANCHO GOCAAfoNcA DECEMBER 11 , 2013 Page 2 A. RECAP OF DESIGN AND SIGN TOUR (DRC2013-01029) Mike Smith, Associate Planner, began with the PowerPoint presentation (copy on file) briefly reviewed the top areas considered for higher density/mixed use development. Mayuko Nakajima, Assistant Planner, continued with the Compass Blueprint and TOD portion of the presentation. Tabe van der Zwaag, Associate Planner, recapped the Design and Sign Tour of Santa Clarita, Pasadena and Monrovia. There was a general discussion regarding the City's projected maximum population count and how that comes into play with how the mixed use areas were calculated in addition to how many rooftops that can be properly supported with our infrastructure. Jeff Bloom, Deputy City Manager, Economic and Community Development said it is possible to introduce high density without eroding the stability of existing lower density. He said 86% of our population commutes out of the city to work; we need to study how to reverse that so we are a source of employment-we would like people to view Rancho as their place of employment. It was mentioned that the Gold Line still being looked at as an opportunity and that there is still a perception of trains still being noisy. Mike Lutz with Marc Homes said with respect to trains and TOD locations; large TODs can help to shield existing residential structures; they create sound walls for the existing housing stock in the area. Ms. Burnett noted that BRTs only need 1-5 acres of land but they must be close and walkable to the stops for them to be successful. Mr. Bloom said we are looking at the concept of districting the city because of the need to create proximity to other uses, transportation, services and cultural destinations. We need to think about how and where to create those districts and to also consider different design character. Commissioner Munoz noted that Pasadena is a good example; all the developments they visited on the tour were in proximity to each other but all were unique and different. Vice Chairman Fletcher said that from a transportation perspective, Rancho is unique because it is bordered on 3 sides by freeways. He said he would like to see data about P346 aria HISTORIC PRESERVATION COMMISSION � r AND PLANNING COMMISSION r• WORKSHOP MINUTES RANCHO G"CA ONGA DECEMBER 11 , 2013 Page 3 persons living in a TOD and if they are using the transportation to work elsewhere. With respect to the timing of developing the BRT, Commissioner Munoz noted that the BRT would be a solution that could be put in real time because they do not take so long to construct or outfit with the appropriate infrastructure. There was a general discussion regarding the pros and cons of Mixed Use and TODs (refer to the PowerPoint presentation). Commissioner Oaxaca noted that if we are able to create local circulator transit, it may help address parking questions. If it is combined with the Omnitrans service it can relieve the need for individual car ownership. Mr. Bloom said our generation is the one of having multiple vehicles- we are changing our demographics to reverse that trend. Vice Chairman Fletcher said we are approaching buildout. He said we need to change so we can create jobs and that will lessen the need for freeways — he suggested a balance and variety of development. He said he is glad to see less square footage in homes and smaller lots because it makes it possible for more people to live here. Mr. Lutz said we should look at the character of what the City will be 25 years from now and how we can impact that with what we do today. Chairman Howdyshell said that we need to bring in a strong work base and we want to make it possible for people to live here and not have to commute. Ms. Burnett noted that this issue is part of our Economic Development Strategic Plan and includes zoning and planning. Commissioner Munoz noted that with higher densities, it is easier to mix differing styles of development and make them work together. He asked what we can do with older commercial properties; do we ask for a total remodel or just paint? Donald Granger said property managers are embracing bolder color schemes. He said staff is looking at the options to provide flexibility in response to marketplace conditions while preserving the quality of the built environment. Finally, he noted that another current trend is that property managers are requesting landscape modifications in order to reduce water usage. Mr. Lutz said with respect to the aging centers that the character of the City is changing with urbanization. He said Rancho does not really have a downtown/center but could have 20 years from now. He said the surface parking lots could be changed to P347 a HISTORIC PRESERVATION COMMISSION be AND PLANNING COMMISSION �'+•�� WORKSHOP MINUTES RANCHO C°CAfONGA DECEMBER 11, 2013 Page 4 subterranean lots, encouraging the walkable nature of the area. He said mixed use residential communities can have a downtown feel. Mr. Bloom suggested the Commissioners give direction to staff about the Commissioners'comfort levels with embracing more differing design and color schemes. He said the discussions about mixed use will be more difficult. Ms. Burnett noted that this workshop was intended to wrap up the tour and get an idea of the Commission's vision and then lead us to the next step. She said staff will start looking at the economic strategy, and the blending of uses and then see what mechanism gets us to that place. IV. ADJOURNMENT • 9:15 PM aIf you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak,given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. ,After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. P348 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION L%-e.J WORKSHOP MINUTES • RANCHO CUCAMONGA DECEMBER 11 , 2013 Page 5 If you wish to speak concerning an item not on the agenda, you may do so under"Public Comments." . Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the.City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of$2,486 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CitvofRC.us I I I. Z ,fi t Lam+.' O huh �. Lr D , O Z w z CO W , T W O — N -< Itli T i O al 0 W Q C }o Z CC Z CZ Q O - _a= Ogg U CO g W � ot . 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N aa)vi co cr)- 0 0 �, t N Q r Co CD CD x 0 > >E II '1i: � } ^ +J ii (� �° E — a) Y 0 V ■- — U 0• W\ Co C L g Q 0 a> v V a �, CD CC -a a 2 c U 0 0 � n � w N o � Qx N � ,. d = cYC 3 N E ., g Cri..,.•ice x a a) � C) N Z c O C c c •y HI c t V Q . , ++ 1,-; al C O d N y Q 03 c `� 'yr CI) _O > t CJ t ; dc = C t ¢ f ++ 81O 0 v � �� c � � aCcn 1 . s? q'. 7::'!fi a;:eftte E 45a P C • 0 I CO ig 0 Cl) 12 D C C S ® © • itn g• \ 0 , . 1 VQ � • ti �. 0 .,,i P349 STAFF REPORT trail ECONOMIC&COMMUNITY DEVELOPMENT � RANCHO Date: January 15, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Jeff Bloom, Deputy City Manager/Economic & Community Development By: Flavio H. Nunez, Management Analyst/Planning Subject: Award of contract to Strategic Economics, Inc. in the amount of $126,000.00 for an update to the City's Economic Development Strategic Plan to be funded from Account No. 1001301-5300 RECOMMENDATION Award of contract to Strategic Economics, Inc. in the amount of $126,000.00 for an update to the City's Economic Development Strategic Plan to be funded from Account No. 1001301-5300. BACKGROUND/ANALYSIS In 2002, the Rancho Cucamonga Redevelopment Agency retained the services of Economics & Politics, Inc., an economic development consulting firm, to update the City's original 1996 Economic Development Strategic Plan. The update was completed in 2003 and has served as the City's Economic Development Plan for business attraction, retention, and expansion for the past eleven years. As a result, staff has successfully implemented a number of successful programs and services that have facilitated business growth and expansion of the local economy. Since that time, significant legislative changes have occurred, the economic environment continues to transform, and time has elapsed since the last update of the strategic plan. Staff has determined that an update to the City's Economic Development Strategic Plan is necessary to position the City for success in the new emerging economy and marketplace. Staff also finds it necessary to retain the professional services and expertise of a firm that specializes in developing economic development strategic plans. Professional firms with this experience have access to specialized analytical tools and data warehousing systems that will aid in the development of a successful strategic plan for Rancho Cucamonga. Staff conducted a Request for Qualifications, which included responses from over a dozen qualified firms. Four companies were selected to participate in interviews, and after further review and consideration staff is recommending the City retain the firm of Strategic Economics, Inc. to update the City's Economic Development Strategic Plan. Strategic Economics is a national leader in providing economic analysis and strategic thinking necessary to create sustainable, high-quality places for people to live and work. Examples of their work include economic development strategies, neighborhood and downtown planning and revitalization, corridor revitalization studies, real estate transaction analysis and structuring to name a few. Strategic Economics has also previously worked on the City's 2010 General Plan Update as a sub-consultant. As a sub- consultant for the General Plan Update, they provided technical analysis of the local and regional P35O PACE 2 JANUARY 15,2014 demographics and economic trends to help the City craft land use policies meeting its Healthy RC framework for economic and environmental sustainability. The proposed scope of work includes three major phases that will result in an implementation- oriented economic development strategy. The three phases of the proposed scope of work are summarized below and attached to this report. • Phase 1, includes core tasks that will serve as the baseline for the economic background of the report. For example, some of these tasks will include one-on-one, in-person interviews with City Councilmembers, business community outreach, and interviews to evaluate the current business climate, and work with a City cross-departmental team to solicit feedback. Other tasks will include industry analysis and commercial real estate market analysis. • Phase 2, includes additional analysis tasks that can provide important insight into place based strategies. This includes identifying sub-areas of economic importance based on factors such as business concentrations, fiscal contributions, employment activity and areas that could experience future employment growth. This phase will also include an assessment of the local workforce, and examining things such as, commute patterns, skill level and education attainment to name a few. • Phase 3, will build off the findings in the economic background report to create the Economic Development Strategic Plan. This phase will also include a look at the City's current use of social media and electronic communication to build on and improve economic development. In the absence of economic development tools formerly available through the City's Redevelopment Agency, this Phase will also include funding strategies which can support economic development activities. Finally, there are two overall important themes of this Economic Development Strategic Plan Update. The first is the integration of economic development efforts into the all facets of City operations, and the second is an emphasis on the connections to Healthy RC. Upon approval of this agreement by the City, Strategic Economics, Inc. is prepared to immediately begin work. The timetable for the completion of the Economic Development Strategic Plan, and presentation to the City for final adoption, is anticipated to be approximately 9 months. Respectfully submitted, dier Je = •o , Deputy City Manager/Economic & Community Development Attachment— Proposed Scope of Work P351 Attachment — Scope of Work P352 APPROACH Over the past 35 years, the City of Rancho Cucamonga has grown from a series of small, unincorporated communities into one of the Inland Empire's premier cities, featuring a skilled workforce, strong manufacturing sector, high quality housing stock and growing knowledge-based sectors. Although the City and the Inland Empire in general were hard hit by the Great Recession, Rancho Cucamonga has been able to leverage its significant assets to make great strides towards recovery.' Some of the City's key economic development assets include: • Excellent regional location and access through the 1-210, 1-15, and 1-10 freeways, as well as the Ontario International Airport and San Bernardino Metrolink line. • A diverse economic base, accommodating manufacturing and wholesale businesses, Class A office users, educational institutions(Chaffey College), and resident-supporting industries. National and regional forecasts show that Rancho Cucamonga has the potential to continue growing its job base, particularly in manufacturing and wholesale trade industries, which currently account for about 18 percent of local jobs. Recent market activity suggests that that the City's office market is on the rebound. • A skilled workforce with higher levels of employment and educational attainment compared to those in the surrounding county. • A high quality of life, including housing, services, and amenities such as Victoria Gardens, which draws shoppers and visitors from the greater Inland Empire region, and state-of-the-art facilities like the Cultural Center/Library and Central Park. Rancho Cucamonga's nationally-recognized Healthy RC initiative actively supports residents in living healthy and sustainable lifestyles. The City has long been recognized as a high-quality community in the Inland Empire, offering executive and workforce housing. As housing values rebound, sales tax revenues are also once again growing and contributing to the City's fiscal health. The Strategic Economics Team has crafted a unique approach to the assignment that will result in an implementation-oriented economic development strategy. While many economic development strategies rely extensively on third-party data to identify "industry clusters" using a top-down approach, the Strategic Economics Team's approach is much more expansive and multi-dimensional. In addition to conducting thorough analysis of industry trends to identify opportunities for growth, the team will also complete extensive "place-based" analysis that integrates findings regarding potential growth industries with specific strategies to create the appropriate built environment and prepare the workforce to support those businesses. In the process of creating the economic development strategy, the team will work closely with a cross-departmental Staff Advisory Team, which will be a critical element to ensure successful implementation and buy-in throughout the city. This will be particularly important given the loss of the City's redevelopment agency, which had traditionally acted as the key funder and implementer of economic development efforts. The SE team will also leverage existing efforts already underway to maximize their alignment with economic development goals. For example, the SE team will actively engage the administrators of the Healthy RC initiative to integrate these important quality-of-life initiatives into the Economic Development Strategy. In addition, the SE Team will reach out to the ' Los Angeles Economic Development Corporation"Economic Forecast and Industry Outlook,2013-2014,"February 2013. 2 U.S.Census Longitudinal Employer-Households Dynamics, 2011. • P353 business community, City Council members, and other project stakeholders to ensure that the final strategic plan is grounded in market and political realities. Our approach will build on the assets identified above, as well as an in-depth technical analysis, and ongoing engagement of City staff and stakeholders, to create an implementation-oriented economic development strategy tailored to the Rancho Cucamonga context. Key issues addressed in the strategy will include: • Ensuring a balanced mix of land uses that contribute to the City's economic growth and resiliency, with healthy occupancy in industrial, office, and retail space. • Building support for economic development goals across departments and laying the groundwork for continued coordination to reach those goals. • Considering Rancho Cucamonga's competitive position within the regional context to better understand the forces that shape the City's economic development potential. • Exploring opportunities for development and investment in an infill environment in order to meet evolving demand for residential and commercial space. • Encouraging the development of walkable, bike-friendly places that contribute to a high quality of life and are consistent with the principles of Healthy Rancho Cucamonga, thereby strengthening the competitive position of the City. • Exploring opportunities to promote tourism, including partnerships with organizations such as the Greater Ontario Tourism Marketing District. • Creating an economic development strategy that is both economically sustainable and contributes to the fiscal health of the City. • Funding and implementing economic development programs and projects in the absence of a Redevelopment Authority. SCOPE OF WORK Recognizing that the City's resources are limited, the proposed scope of work is organized into three phases: Phase One includes core tasks that will serve as the baseline for the Economic Background Report; Phase Two includes additional analysis tasks that will provide important insight into place-based and workforce development strategies; Phase Three will build off the findings in the Economic Background Report to create the Economic Development Strategic Plan. Phase One Task I: Project initiation, Kick-off and Re-scoping- As a first task in the creation of this strategy, the SE team will attend a project initiation meeting with City staff to refine issues and goals around economic development, conduct a site visit, and create a finalized scope of work for the project, prioritizing and refining the tasks outlined below. Task 2: Cross-departmental Coordination and Outreach - Effective economic development, particularly in the post-redevelopment era, will require cooperation and collaboration across multiple City departments and the City Council. The SE team proposes to engage and communicate with Staff and City Council Members throughout the project, which will include the following activities: • Meetings with the Staff Advisory Team throughout the strategic plan process, beginning with a kick-off meeting to ensure that the various departments are in agreement about their goals and P354 objectives for the project. The SE Team will also attend two additional in-person meetings with the Staff Advisory Team at key milestones to provide updates and solicit feedback. • One-on-one, in-person interviews with City Council members, in order to ensure that input and guidance from the Council is incorporated into the strategy from the initial stages of the process. • Interviews with representatives from major City departments in order to better understand the potential and capacity for each department to facilitate local economic development. • Email newsletters containing project updates will be provided to the Staff Advisory Team at project milestones. Task 3: Business Community Outreach and Interviews — The SE team will conduct in-depth outreach to the local business community in order to: evaluate the current business climate; understand Rancho Cucamonga's strengths and weaknesses as an economic center; and, identify opportunities and constraints to growth among businesses representing a wide variety of industries, including commercial, industrial and retail firms. Outreach will begin with one-on-one telephone interviews with local business leaders to inform our understanding of key issues related to economic growth. Outreach will also include the formation — with the assistance of the City staff- of a Stakeholder Advisory Team composed of local business leaders and other project stakeholders. In addition to the one-on-one interviews, SE will provide the Stakeholder Advisory Team with two (2) additional in-person meetings at key milestones to provide updates and solicit feedback. Task 4: Industry Analysis at the Local and Regional Scale — The SE team will conduct an analysis of industry and sub-industry trends within the City of Rancho Cucamonga and the surrounding region, in order to clarify the City's competitive position and identify the industries that are currently performing well and those with the potential for future growth. This will include an in-depth analysis of business, employment and commute trends over time, interviews with regional and local experts and the review of economic forecasts and reports for the Inland Empire and Los Angeles County. This analysis will allow the SE team to better understand industries which have opportunities for growth, identify "wealth generating" businesses, and establish targets for the City's economic development efforts. Task 5: Commercial Real Estate Market Analysis — The SE team will analyze the performance of commercial real estate, including office, industrial, flex/R&D, retail, and hotel uses in the City, including an assessment of market trends such as rents and vacancy rates, and the quality of local building stock. This evaluation of market factors will provide insight into the coordination of land use planning and economic development goals, and the steps necessary to provide the types of spaces and locations that are best aligned with the needs of desired industries with potential for growth. Phase Two Task 6: Sub-area Analysis (up to 5) — The SE team will work closely with City staff to identify and delineate up to five (5) sub-areas of economic importance, based on factors such as business concentrations, employment activity, and areas that could experience change. SE will profile and provide analysis of these sub-areas, examining characteristics such as: • Number of businesses, number of jobs, average firm size, and change in number of establishments and total employment over time. P355 • Real estate market indicators including rents, vacancy rates, new construction, age/quality of building stock, and other qualitative factors. • Firm types by key industry categories, with particular attention to industries with growth potential in the Inland Empire and Rancho Cucamonga. • Location and amenities of job centers, including access/connections to transit and transportation networks. • An assessment of needed infrastructure improvements as they relate to economic development, including quality of life (streetscape, bike lanes, etc.) and technological (dark fiber networks) improvements. The results of these sub-area analyses will be used to develop place-specific strategies in the Economic Development Strategic Plan. Task 7: Assessment of Local Workforce — Building off the work completed for the Rancho Cucamonga General Plan update, the SE team will profile the characteristics of the City's workforce, including prevailing commute patterns of current employees, skill levels and educational attainment, and an analysis of how skills levels of residents relate to the requirements of job opportunities in the present and future. The results of this analysis will lead to recommendations on how the City can work more effectively with its workforce development partners and transit providers to ensure that the jobs attracted and retained in Rancho Cucamonga can be accessed by existing workers in the City and the Inland Empire. Deliverable: Draft and final Economic Development Background Report, including Executive Summary and PowerPoint Presentation. This report will summarize findings from previous tasks, describe major opportunities and constraints to growth, and identify high potential industries in Rancho Cucamonga. The SE team will present the Economic Development Background report in-person to the Staff Advisory Team and Stakeholder Advisory Team, in order to gather feedback on initial findings and stimulate a discussion of direction for the Economic Development Strategy. Phase Three Task 8: Social Media Outreach and Electronic Communications Strategy — The SE team, led by MIG, will evaluate the potential to expand the use of social media, interne presence and other technologies to promote economic development in Rancho Cucamonga. This will include an assessment of the City's existing social media strategy by reviewing communications protocols and plans, reviewing past social media postings and feeds, and interviewing key City staff about the issues and opportunities experienced in the past, and anticipated in the future. Based on this review, stakeholder inputs, and examples of best practices from other public agencies, the SE team will develop social media and electronic communications recommendations linked to the overall strategic activities developed in this planning process. If desired, the SE team could work with the City to apply and test specific social media strategies/tools during the planning process as part of stakeholder outreach. Task 9: Development of Short and Long-term Strategies to Promote Economic Growth — Based on the goals identified in conjunction with City staff and stakeholders, and the analysis completed in previous tasks, the SE team will develop a series of recommendations and strategies designed to enhance Rancho Cucamonga's competitive position, attract a diverse set of businesses, workers and consumers, and maintain the City's long-term fiscal health. Task 10: Funding and Financing Strategies - In the absence of the economic development tools formerly available through the City's Redevelopment Agency, the SE team will develop a toolkit of funding and P356 financing resources and mechanisms which can support economic development activities, from infrastructure improvements to business development programs. Deliverable: Draft and final Economic Development Strategic Plan, including Executive Summary and PowerPoint Presentation to the City Council. Phase Three Deliverables • Revised project scope and budget. • Draft and final Economic Development Background Report, including Executive Summary and PowerPoint Presentation. • Draft and final Economic Development Strategic Plan, including Executive Summary and PowerPoint Presentation. :q,.;, I O � • :* a�� U r2�4 C 4a a44 Y . a) tz.„ ,:,,,t. 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O N U jai (pro a S N . . .2 O L .7 L— 0 t]A � O CO W •O a v O o M S- > p p s_ c.1 v-) o a) u_ CL N C C Q • • • O O O W w S • O (I, N �' x Q 0 b ee U U w 'W �i� . U � � U�' I U S- a) E Sli O >_ th etZ K tlA C 0 v U qt e v ;,,ar- ) .4-1 U `I— N C O — co L L r§. ; J +� /C cc E . j O a) U 4-I ca s L C w Q a-' w 0 U > a O .� O V)c 0 O L bp N O E tiow 0 U — O >, .. > U co U O O 4-3 cc 1. ffie u > N +_+ N •— Q -C ii4 0 N .— o U > '- U ti CO < V) 0 Cl) - U CO O co W v' L 0 ir is C6 +� L L ro O VI C CC cn CC ii. Co O U • • • • • • • W P357 STAFF REPORT SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY I RANC HO Date: January 15, 2014 CUCAMONGA To: Chairman and Members of the Successor Agency John R. Gillison, City Manager From: Linda D. Daniels, Assistant City Manager By: Donna Finch, Management Analyst I Subject: Approval of a Resolution Requesting the Oversight Board to Direct the Successor Agency to Undertake Proceedings for the Refunidng of the Rancho Cucamonga Redevelopment Agency 1999, 2001 and 2004 Tax Allocation Bonds RECOMMENDATION It is recommended that the Successor Agency to the former Rancho Cucamonga Redevelopment Agency approve a resolution requesting the Oversight Board to direct the Successor Agency to undertake proceedings for the refunding of the Rancho Cucamonga Redevelopment Agency 1999, 2001 and 2004 Tax Allocation Bonds. BACKGROUND Pursuant to Health and Safety Code Section 34172 (a) and the California Supreme Court's decision to uphold ABx1 26, the Rancho Cucamonga Redevelopment Agency (the "Former Agency") was dissolved on February 1, 2012 and no longer exists as a public body. The City of Rancho Cucamonga has become the Successor Agency to the Former Agency and is responsible for winding down outstanding obligations of the Former Agency. One primary obligation of the Successor Agency is to ensure that outstanding bond payments are made in a timely manner until associated debt is paid off. AB 1484 is a follow-up legislative act that clarifies certain procedures created by ABx1 26 and permits Successor Agencies to refund outstanding bonds of a former redevelopment agency under certain conditions outlined in Health and Safety Code Section 34177.5. Specifically, a Successor Agency may issue refunding bonds if there is a savings in the overall cost of the bonds and there are no additional proceeds raised. Prior to the dissolution of redevelopment, the Former Agency issued $165,680,000 in 2004 Tax Allocation Bonds (the "2004 Bonds"), $74,080,000 in 2001 Tax Allocation Bonds (the "2001 Bonds"), and $54,945,000 in 1999 Tax Allocation Bonds (the "1999 Bonds") for the purpose of financing and refinancing redevelopment projects. Based on current interest rates, the Successor Agency has determined that refinancing these bonds has the potential to reduce debt service by approximately 11%, or $38,000,000, over the remaining life of the bonds. These savings will increase the amount of residual property tax (tax increment) available to be redistributed to other taxing agencies, pursuant Health and Safety Code Section 34183. The distribution of savings includes approximately $2,000,000 to the City, $22,000,000 to the school districts (including Chaffey College), and $14,000,000 to other taxing entities. The estimated savings is based on a currently projected bond refinancing interest rate of approximately 4.3%. The actual level of savings P358 APPROVAI.OF A RESOLUTION REQUESTING THE OVERSIGHT BOARD TO DIRECT THE SUCCESSOR PAGE 2 AGENCY TO UNDERTAKE PROCEEDINGS FOR THE REFUNIDNG OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY 1999,2001 AND 2004 TAX ALLOCATION BONDS JANUARY 15,2014 will depend upon conditions in the municipal bond market at the time the Tax Allocation Refunding Bonds are priced. The total bond issuance needed to refund all the prior bonds is estimated at approximately $237,000,000. This amount includes bond reserves and costs of issuance. The bond refunding will create a lower debt service and will not extend the life of the bonds or create additional bond funds for new projects. Upon approval of this resolution by the Successor Agency, staff will present a resolution to the Oversight Board at their January 16, 2014 meeting to direct the Successor Agency to begin proceedings to refund the 1999, 2001 and 2004 Bonds. The bond refunding issue will also require additional review and approval by the Department of Finance (DOF). The process for refunding the bonds is expected to take approximately six months. This timeframe includes the scheduling of future Successor Agency actions, related Oversight Board approvals, and the maximum review period by the DOF for required approvals. This schedule would have staff returning to the Successor Agency in May for final bond document approval with a bond closing date in June. After the refunding of the bonds is finalized, the Successor Agency would reduce the requested funds needed to pay the debt service from the Redevelopment Property Tax Trust Fund (RPTTF), generating more residual balance available to the City and to other taxing entities in furtherance of the goals of the redevelopment agency dissolution. At this time, the 2004 Bonds make economic sense to refund. Should the bond market weaken and interest rates increase, staff may determine that it is no longer economically feasible to refund the 2004 Bonds and only proceed with refunding the 1999 and 2001 Bonds. Staff will provide the Successor Agency with the final determination when we return in May for final bond document approval. Respectfully Submitted,• c-J oectA- ` Linda D. Daniels Assistant City Manager Attachment: Resolution No. 14-004 P359 RESOLUTION NO. 14-004 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY REQUESTING DIRECTION TO UNDERTAKE PROCEEDINGS FOR THE REFUNDING OF OUTSTANDING BONDS OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND PROVIDING OTHER MATTERS RELATING THERETO WHEREAS, pursuant to Section 34172(a) of the California Health and Safety Code (all Section references hereinafter being to such Code), the Rancho Cucamonga Redevelopment Agency (the "Former Agency") has been dissolved and no longer exists as a public body, corporate and politic, and pursuant to Section 34173, the City of Rancho Cucamonga has become the successor entity to the Agency (the "Successor Agency"); WHEREAS, prior to the dissolution of the Former Agency, the Former Agency issued $165,680,000 Rancho Redevelopment Project 2004 Tax Allocation Bonds (the "2004 Bonds"), its $74,080,000 Rancho Redevelopment Project 2001 Tax Allocation Bonds (the "2001 Bonds") and its $54,945,000 Rancho Redevelopment Project 1999 Tax Allocation Refunding Bonds (the "1999 Bonds," and together with the 2004 Bonds and the 2001 Bonds, the "Prior Bonds") for the purpose of financing and refinancing redevelopment activities; WHEREAS, Section 34177.5 authorizes the Successor Agency to undertake proceedings for the refunding of outstanding bonds and other obligations of the Former Agency, subject to the conditions precedent contained in Section 34177.5; WHEREAS, pursuant to Section 34179, an oversight board (the "Oversight Board") has been established for the Successor Agency and representatives of the Successor Agency and the Oversight Board have informally discussed the possibility of refunding the Prior Bonds; WHEREAS, the Successor Agency has determined to refund the Prior Bonds to achieve debt service savings that will accrue to the benefit of both the Successor Agency and the applicable taxing entities as a result of the refunding; and WHEREAS, the Successor Agency requests that the Oversight Board direct the Successor Agency to undertake such refunding proceedings, it being understood that such direction by the Oversight Board will enable the Successor Agency to recover its related costs in connection with the refunding proceedings, as authorized by Section 34177.5(f); NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, acting for and on behalf of the successor agency to the dissolved Rancho Cucamonga Redevelopment Agency and in its capacity as the legislative body of the Successor Agency, as follows: 09960.00000\8471765.2 Resolution No. - Page 1 of3 P360 Section 1. Determination to Refund Prior Bonds. The Successor Agency hereby determines that it intends to refund the Prior Bonds in accordance with and pursuant to Section 34177.5. Section 2. Filing of Resolution. The Secretary of the Successor Agency is hereby authorized and directed to file a certified copy of this Resolution with the Oversight Board, and, as provided in Section 34180(j) with the San Bernardino County Administrative Officer, the San Bernardino County Auditor-Controller and the California Department of Finance. Section 3. Request for Direction. The Oversight Board is hereby requested to direct the Successor Agency to undertake the refunding of the Prior Bonds or all or any portion of any series of the Prior Bonds. Section 4. Preparation of Proceedings. Upon receipt of the direction of the Oversight Board, the Successor Agency will cause the preparation of appropriate proceedings for the issuance of bonds to refund the Prior Bonds, and will submit such proceedings to the Oversight Board for approval in accordance with the provisions of Section 34177.5 and 34180. Section 5. Appointments. Fieldman, Rolapp & Associates, as financial advisor, Stifel, Nicolaus & Company, Incorporated, as underwriter, Best Best & Krieger LLP, as bond counsel, and the law firm selected by the Successor Agency to act as disclosure counsel, are hereby appointed to act on behalf of the Successor Agency for purposes of the proceedings for the issuance of the refunding bonds. Richard Watson is General Counsel to the Successor Agency and shall act as such on behalf of the Successor Agency with respect to the refunding proceedings. Upon receipt of direction from the Oversight Board, the Successor Agency will engage a fiscal consultant to undertake the preparation of the necessary report for the issuance of the bonds to refund the Prior Bonds. • 09960.00000\8471755.2 Resolution No. - Page 2 of 3 P361 Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED, AND ADOPTED this day of 2013. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing was duly passed, approved and adopted by the Successor Agency to the Rancho Cucamonga Redevelopment Agency, at a regular meeting of said Successor Agency held on the day of 2013. Executed this day of , 2013, at Rancho Cucamonga, California. Janice C. Reynolds, Secretary • 09960.00000\8471765.2 Resolution No. - Page 3 of 3 P362 STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT RANCHO Date: January 15, 2014 CUCAMONGA To: Mayor and Members of City Council John R. Gillison, City Manager From: Lori E. Sassoon, Deputy City Manager/Administrative Services By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: APPROVAL OF A RESOLUTION AUTHORIZING THE ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES)SPECIAL TAX REFUNDING BONDS,SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$37,000,000 AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS. RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the issuance of the Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 in an aggregate principal amount not to exceed $37,000,000 (the "Special Tax Refunding Bonds") and the defeasance and refunding of prior special tax bonds issued for Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District", approving the form of a Fiscal Agent Agreement, Escrow Deposit and Trust Agreement, and other documents, and authorizing certain actions in connection with the issuance of such revenue bonds. BACKGROUND The City Council, acting for and on behalf of itself and in its capacity as the legislative body of the District, is being asked to consider authorizing the issuance of the Special Tax Refunding Bonds for the purpose of refunding the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the"'Prior Special Tax Bonds") issued for the District. Staff is always seeking ways to refund bonds issued for assessment or community facilities districts that would produce lower annual debt service payments that translate into lower assessment or special tax payments for property owners. The sale of bonds for the District is proposed to be privately placed with a bank rather than through a public sale because of the shifts in both interest rates and conditions in the general municipal bond market, thus making this avenue more viable for a refunding. The anticipated savings projected to result from the refunding will be generated from the interest rate savings provided by the private placement of the Special Tax Refunding Bonds with Western Alliance Public Finance (the "Purchaser"). Based upon pro formas run to date the refunding would provide residential property owners with an annual special tax savings of approximately $400 over the remaining life of the bond issue. P363 PAGE:2 APPROVAL OF A RESOLUTION AUTHORIZING THE ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO.2003-01 (RANCHO ETIWANDA ESTATES)SPECIAL TAX REFUNDING BONDS,SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED$37,000,000 AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS. JANUARY 15,2014 For the reasons stated above, staff is recommending approval of the attached resolution and sale of the Special Tax Refunding Bonds. By approving the attached resolution the City Council will be: • Approving the issuance of the Special Tax Refunding Bonds; • Approving the form of the following agreements: o Fiscal Agent Agreement to establish the terms and conditions pursuant to which the Special Tax Refunding Bonds will be issued and administered; o Escrow Deposit and Trust Agreement to establish the terms and conditions pursuant to which the Prior Special Tax Bonds will be defeased and refunded. • Authorizing the City Manager, Assistant City Manager, Deputy City Manager/ Administrative Services and the Finance Director to execute the various agreements and other documents subject to the pricing of the Special Tax Refunding Bonds meeting the financial parameters included in the resolution. Attachments: Resolution Fiscal Agent Agreement Escrow and Trust Agreement P364 RESOLUTION NO. 14-005 RESOLUTION OF THE CITY COUNCIL OF CITY OF RANCHO CUCAMONGA AUTHORIZING THE ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) SPECIAL TAX REFUNDING BONDS, SERIES 2014 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $37,000,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AUTHORIZING THE DIRECT SALE OF THE BONDS TO WAB INVESTMENTS, INC. AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS WHEREAS, the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") was established on September 15, 2004 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311 et seq. of the California Government Code) (the "Act"), by adoption by the City Council (the "City Council") of City of Rancho Cucamonga (the "City") of Resolution No. 04-295; and WHEREAS, under the provisions of the Act, on September 15, 2004, the City Council also adopted Resolution No. 04-296 which resolution, among other matters, expressed the determination of the City Council of the necessity to issue special tax bonds in the maximum aggregate principal amount of $45,000,000 for the District; WHEREAS, on September 15, 2004, consolidated special elections were held within the District and there was submitted to the qualified voters of the District, among other propositions, the proposition of whether a bonded indebtedness in an aggregate principal amount not to exceed $45,000,000 should be incurred by and for the District for the purpose of providing public facilities for the benefit of the District, and more than two-thirds of the votes cast in such consolidated special elections were cast in favor of incurring such bonded indebtedness, and the District was therefore authorized to issue bonds in an aggregate principal amount not to exceed $45,000,000 for the purposes set forth in said proposition; and WHEREAS, on May 7, 2006, the City Council adopted Resolution No. 06- 185 authorizing the issuance and sale of bonds of the District pursuant to the Fiscal Agent Agreement, dated as of May 1, 2006 (the "Prior Fiscal Agent Agreement"), by and between the City, for and on behalf of the District, and Wells Fargo Bank, National Association, as fiscal agent (the "Prior Fiscal Agent"), designated the "City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Prior Special Tax Bonds"), for the purpose of funding the acquisition, rehabilitation and construction of certain public improvements for the benefit of the District; and P365 WHEREAS, on June 13, 2006, the Prior Special Tax Bonds were issued in the aggregate principal amount of$43,545,000; and WHEREAS, the Prior Special Tax Bonds are outstanding in the aggregate principal amount of $36,230,000; and WHEREAS, as a result of a combination of more favorable conditions in the municipal bond market and the level of development and increase in value of the properties within the District, the City Council has determined that it is necessary that bonds of the District to be designated "City of Rancho Cucamonga Community Facilities District No. 2004-01 Special Tax Refunding Bonds, Series 2014" be issued in an aggregate principal amount that will not exceed $37,000,000 (the "Bonds") for the purpose of defeasing and refunding the Prior Special Tax Bonds in order to provide debt service savings and reduce the levy of the special taxes within the District; and WHEREAS, the Bonds shall be issued pursuant to the terms and provisions of the Act and the statement of goals and policies of the City Council regarding the establishment of community facilities districts, as amended to date (the "Goals and Policies"); and WHEREAS, payment of the principal of and interest on the Bonds will be secured by special taxes to be levied on parcels of taxable property in the District (the "Special Taxes"); and WHEREAS, pursuant to Section 53345.8 of the California Government Code, the City Council, as the legislative body of the District, may sell bonds of the District only if it determines prior to the award of the sale of such bonds that the value of the real property that would be subject to the special tax to pay debt service on such bonds will be at least three (3) times the principal amount of such bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the District; and WHEREAS, David Taussig & Associates, the special tax consultant to the City, has determined, based on a review of the San Bernardino County Assessor's Assessment Roll for fiscal year 2013-2014, that the total assessed value of taxable property in the District is $279,263,038; and WHEREAS, upon the issuance of the Bonds and the deposit of the appropriate portion of the proceeds of the sale of the Bonds in the escrow fund to be established to accomplish the defeasance and refunding of the Prior Special Tax Bonds, the Prior Special Tax Bonds will be defeased and the property in the District will no longer be subject to the levy of special taxes to pay debt service on the Prior Special Tax Bonds; and 2 P366 WHEREAS, if the Bonds are issued and sold in an aggregate principal amount that does not exceed $37,000,000, the value of the parcels of real property within the District that will be subject to the levy of the Special Taxes will be more than three (3) times the principal amount of the Bonds and the principal amount of all other bonds outstanding, if any, that are secured by a special tax levied pursuant to the Act or a special assessment levied on property within the District; and WHEREAS, there will be no other bonds outstanding, other than the Bonds, that are secured by a special tax or a special assessment levied on property within the District; and WHEREAS, the City financing team is recommending the direct sale of the Bonds to WAB Investments, Inc. (the "Purchaser") pursuant to the preliminary terms set forth in the letter dated December 13, 2013 (the "Term Letter") from Western Alliance Public Finance ("Western Alliance") and the Purchaser, as an affiliate of Western Alliance, subject to the terms and conditions set forth in this Resolution; and WHEREAS, there has also been presented to the City Council a form of Fiscal Agent Agreement with respect to the Bonds (the "Fiscal Agent Agreement") to be executed and delivered by the City, acting for and on behalf of the District, and Wells Fargo Bank, National Association, as Fiscal Agent, whereby the Fiscal Agent will authenticate and deliver the Bonds and perform certain other duties; and WHEREAS, there has also been presented to the City Council a form of Escrow Deposit and Trust Agreement with respect to the Prior Special Tax Bonds (the "Escrow Agreement") to be executed and delivered by the City, the District and Wells Fargo Bank, National Association, as Escrow Bank and Prior Fiscal Agent, whereby the Escrow Bank will receive a portion of the proceeds of the sale of the Bonds and certain funds related to the Prior Special Tax Bonds that will be deposited in an escrow fund to provide for the defeasance and redemption of the Prior Special Tax Bonds, and will perform certain other duties; and WHEREAS, the City Council has considered the forms of the Fiscal Agent Agreement and the Escrow Agreement, and has determined that it is in the best interest of the owners of property in and the residents of the District that the City Council authorize the issuance and sale of the Bonds and the execution and delivery of said agreements, subject to the conditions hereinafter contained; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Rancho Cucamonga, acting for and on behalf of the City and in its capacity as the legislative body of the District, as follows: Section 1. Findings. The City Council finds (a) that the preceding recitals are true and correct, (b) that the sale of the Bonds at private sale, without advertising for bids, will result in a lower overall cost to the District, (c) that if the Bonds are issued and sold in an aggregate principal amount that does not exceed $37,000,000, the value of the parcels of real property within the District that will be 3 P367 subject to the levy of the Special Taxes to pay the principal of and interest on the Bonds will be more than three (3) times the aggregate principal amount of the Bonds, and (d) that upon the issuance of the Bonds there will be no other bonds, other than the Bonds, that will be secured by a special tax or a special assessment levied on property within the District. In furtherance of the issuance of the Bonds, the City Council hereby makes the following further findings and determinations: (i) that it is prudent in the management of the fiscal affairs of the City, the City Council and the District to issue the Bonds for the purpose, inter alia, of refunding the Prior Special Tax Bonds on an current basis, (ii) that the total net interest cost to maturity on the portion of the Bonds being issued to refund the Prior Special Tax Bonds plus the principal amount of the portion of the Bonds being issued to refund the Prior Special Tax Bonds will not exceed the total net interest cost to maturity on the Prior Special Tax Bonds plus the principal amount of the Prior Special Tax Bonds, and (iii) that the issuance of the Bonds is in compliance with the City's Goals and Policies. For purposes of Section 53363.2 of the Act, the City Council hereby further finds and determines: (i) that it is expected that the purchase of the Bonds will occur on or before February 15, 2014, (ii) that the date, denomination, maturity dates, places of payment, terms of redemption and form of the Bonds shall be as set forth in the Fiscal Agent Agreement, as executed, (iii) that the maximum true interest cost to be paid on the Bonds shall not five percent (5.00%) with the actual interest rate or rates to be set forth in the Fiscal Agent Agreement as executed; (iv) the place of payment for the Prior Special Tax Bonds shall be as set forth in the Prior Fiscal Agent Agreement; and (v) the designated costs of issuing the Bonds shall be as described in Sections 53363.8(a) and 53363.8(b) of the Act, and as otherwise described in the Fiscal Agent Agreement and in the closing certificates for the Bonds, including Bond Counsel, placement agent, Special Tax Consultant and Financial Advisor (defined below) fees and expenses, escrow verification costs, initial fiscal agent fees, and costs of City staff incurred in connection with the sale and issuance of the Bonds. Section 2. Authorization of the Issuance of the Bonds. The City Council authorizes the issuance and sale of the Bonds in an aggregate principal amount that shall not exceed $37,000,000, and the City Manager and the Assistant City Manager are authorized and directed to take all steps and actions which are necessary to accomplish the issuance, sale and delivery of the Bonds pursuant to the authorization given by and the conditions specified in this resolution. The Mayor and the City Clerk of the City are authorized to execute the Bonds for and on behalf of the City and the District by their manual or facsimile signatures. The Bonds shall be dated as of their date of delivery pursuant to the Fiscal Agent Agreement. The last maturity date of the Bonds shall not be later than the last maturity date of any of the Prior Special Tax Bonds. 4 P368 Each of the Mayor (and in the absence of the Mayor, the Mayor Pro Tem) and the City Manager (and in the absence of the City Manager) (each, an "Authorized Representative"), acting singly and on behalf of the City or the District, as applicable, is hereby authorized and directed to execute and deliver the final form of the various agreements described in this Resolution, with such additions thereto or changes therein as such Authorized Representative may deem necessary and advisable; provided, however, that no additions or changes shall authorize an aggregate principal amount of the Bonds in excess of the amount specified in the preceding paragraph. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such agreements by an Authorized Representative, following consultation with and review by Best Best & Krieger LLP, as bond counsel ("Bond Counsel"). Section 3. Approval of Fiscal Agent Agreement. The Fiscal Agent Agreement which provides generally for (i) the authentication and delivery by the Fiscal Agent of the Bonds, (ii) the establishment and administration by the Fiscal Agent of certain funds and accounts for the benefit of the City and the owners of the Bonds, (iii) the payment by the Fiscal Agent of the principal of and interest on the Bonds from the Special Tax Revenues (as defined therein), (iv) the performance of other duties by the Fiscal Agent and (v) the documents to be delivered upon the delivery of the Bonds to the Purchaser, is approved in substantially the form submitted to the City Council at the meeting at which this resolution is adopted, subject only to such changes as are authorized pursuant to Section 2 of this resolution. Section 4. Approval of Escrow Agreement. The Escrow Agreement which provides for (i) the defeasance and redemption of the Prior Special Tax Bonds, (ii) the creation and administration by the Escrow Bank of the Escrow Fund for the benefit of the owners of the Prior Special Tax Bonds, and (iii) the performance of other duties by the Escrow Bank, is approved substantially in the form presented to the City Council at the meeting at which this resolution is adopted, subject only to such changes as are authorized pursuant to Section 2 of this resolution. Notwithstanding the preceding provisions of this section, as required by Section 53363.9 of the California Government Code, the amount of the proceeds of the sale of the Bonds and other amounts to be deposited in the Escrow Fund, shall be in an amount sufficient to pay the principal of and interest on the Prior Special Tax Bonds on March 1, 2014 (or such other redemption date as may be determined in accordance with the terms of this resolution) and to pay the principal and redemption premium due on the Prior Special Tax Bonds on such date, and the designated costs of issuing the Bonds. Section 5. Issuance of Bonds. The City Council approves and authorizes the issuance and direct sale of the Bonds to the Purchaser pursuant to the Fiscal Agent Agreement and the Term Letter, together with any changes therein or additions thereto which are deemed advisable by the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director, upon consultation with Bond Counsel. An Authorized Representative is authorized and directed to execute and deliver the final form of the Fiscal Agent Agreement on behalf of 5 P369 the City and the District upon the submission of an offer by the Purchaser to purchase the Bonds, which offer is acceptable to the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director and is consistent with the requirements of this resolution; provided that the interest rate on any maturity of the Bonds shall not exceed five percent (5.00%) per annum; and the last maturity of date of the Bonds shall not be later than the last maturity date of the Prior Special Tax Bonds. No Authorized Representative shall approve the offer to purchase the Bonds, however, unless the total net interest cost to maturity of the Bonds plus the principal amount of the Bonds will be less than the total net interest cost to maturity with respect to the Prior Special Tax Bonds, plus the principal amounts of the Prior Special Tax Bonds, and before approving such offer, the Authorized Representative shall receive verbal verification from Fieldman Rolapp & Associates, as the financial advisor to the City and the District (the "Financial Advisor"), that such a total net interest cost and principal amount with respect to the Bonds will be achieved. Section 6. Reserve Fund and Other Funds Related to the Prior • Special Tax Bonds. The City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director is authorized to direct the Prior Fiscal Agent, and said fiscal agent is authorized, to transfer the amount on deposit in the funds and accounts that are held by the Prior Fiscal Agent pursuant to the Prior Fiscal Agent Agreement, including project fund and the reserve fund established for the Prior Special Tax Bonds, in such amounts as shall be specified in written instructions, to be executed by such officer providing direction, to the Fiscal Agent for deposit in the Project Fund to be established pursuant to the Fiscal Agent Agreement and to the Escrow Bank for deposit in the Escrow Fund to be used to defease and redeem the Prior Special Tax Bonds. Section 7. Notice of Redemption. The City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director is authorized and directed to cause to be provided for mailing, and the Prior Fiscal Agent, is authorized to mail notice, of the redemption of Prior Special Tax Bonds to the registered owners thereof as required by Section 53365 of the California Government Code and the Prior Fiscal Agent Agreement. Pursuant to said Section 53365, the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director shall also provide for the mailing of, and the Prior Fiscal Agent shall mail notice of the redemption of the Prior Special Tax Bonds to the investment banking firm which was the original purchaser and underwriter of the Prior Special Tax Bonds. Section 8. Bond Issuance Services. The following entities are hereby appointed to provide professional services pertaining to the issuance of the Bonds: Wells Fargo Bank, National Association is appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement and as Escrow Bank pursuant to the Escrow Agreement; Best Best & Krieger LLP is appointed as Bond Counsel; Fieldman, Rolapp & Associates is appointed as Financial Advisor; Stifel, Nicolaus & Company, Incorporated, is appointed 6 P370 as Placement Agent; David Taussig & Associates is appointed as Special Tax Consultant and Causey, Demgen & Moore Inc., certified public accountants, is appointed as Verification Agent. Section 9. Action. All actions heretofore taken by the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services, the Finance Director and the other officers and agents of the City, acting for and on behalf of the City or the District, with respect to the establishment of the District, and the sale and issuance of the Bonds are hereby approved, confirmed, and ratified, and the proper officers of the City, acting for and on behalf of the City or the District, as applicable, are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Act, this Resolution, the Fiscal Agent Agreement, the Escrow Agreement, and any certificate, agreement, contract, and other document described in the documents herein approved. Section 10. Conditions of Approval. The approvals, authorization and direction given by this resolution are conditioned upon the satisfaction of the requirements of Section 7 hereof with respect to the issuance and sale of the Bonds. The officers of the City designated above shall not take any action with respect to the execution and delivery of the Fiscal Agent Agreement and the Escrow Agreement, or the issuance, sale and delivery of the Bonds unless and until such conditions are satisfied; provided, however, that upon satisfaction of such conditions, this resolution shall be fully effective and shall be carried out by such officers without further approval or action of the City Council. The approvals, authorization and direction provided by this resolution shall continue, subject to the satisfaction of such conditions, until December 31, 2014, and the Bonds may be sold, and the Bonds, the Fiscal Agent Agreement and the Escrow Agreement, may be dated, entered into, executed and delivered or distributed, as appropriate, on any date selected by the City Manager, the Assistant City Manager, the Deputy City Manager/Administrative Services or the Finance Director and the Purchaser prior to said date. 7 P371 Section 13. Effective Date. This resolution shall take effect upon adoption and shall remain in effect until December 31, 2014, or if the Bonds are issued prior to said date, until all of the Bonds are paid at or redeemed prior to maturity. PASSED, APPROVED AND ADOPTED this day of January, 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, Mayor ATTEST: Janice C. Reynolds, City Clerk I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of said City Council held on , 2014. Executed this , at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk 60285.00021\8511739.2 8 P372 FISCAL AGENT AGREEMENT by and between CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Fiscal Agent and acknowledged and agreed to by WAB INVESTMENTS, INC., as the Original Purchaser Dated as of January 1, 2014 Relating to: City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 60285.00021A8513142.2 P373 TABLE OF CONTENTS Page FISCAL AGENT AGREEMENT 1 ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS 2 Section 1.01. Authority for this Agreement 2 Section 1.02. Agreement for Benefit of Bondowners 2 Section 1.03. Definitions 3 ARTICLE II THE BONDS 9 Section 2.01. Principal Amounts; Designations 9 Section 2.02. Terms of Bonds 10 Section 2.03. Redemption 11 Section 2.04. Form of Bonds 15 Section 2.05. Execution of Bonds 15 Section 2.06. Transfer of Bonds 15 Section 2.07. Exchange of Bonds 16 Section 2.08. Bond Register 16 Section 2.09. Temporary Bonds 16 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen 16 Section 2.11. Type and Nature of the Bonds; Limited Obligation 17 Section 2.12. Equality of Bonds and Pledge of Net Special Tax Revenues 17 Section 2.13. Description of Bonds; Interest Rates 18 Section 2.14. No Acceleration 18 Section 2.15. Additional Bonds 18 Section 2.16. Validity of the Bonds 18 ARTICLE III ISSUANCE OF BONDS 18 Section 3.01. Issuance and Delivery of the Bonds 18 Section 3.02. Application of Proceeds of Sale of the Bonds and Transfers from the Prior Special Tax Bonds 19 Section 3.03. Special Tax Fund 19 Section 3.04. Costs of Issuance Fund 21 Section 3.05. Administrative Expense Fund 21 60285.00021A8513142.2 _i_ P374 TABLE OF CONTENTS (continued) Page ARTICLE IV NET SPECIAL TAX REVENUES; BOND FUND 22 Section 4.01. Pledge of Net Special Tax Revenues 22 Section 4.02. Bond Fund 22 Section 4.03. Establishment of Reserve Fund 23 ARTICLE V OTHER COVENANTS OF THE DISTRICT 24 Section 5.01. Warranty 24 Section 5.02. Covenants 24 Section 5.03. Punctual Payment 24 Section 5.04. Limited Obligation 24 Section 5.05. Payment of Claims 25 Section 5.06. Extension of Time for Payment 25 Section 5.07. Against Encumbrances 25 Section 5.08. Books and Records 25 Section 5.09. Protection of Security and Rights of Owners 25 Section 5.10. Collection of Special Tax Revenues 25 Section 5.11. Further Assurances 26 Section 5.12. Tax Covenants 27 Section 5.13. Covenant to Foreclose 27 Section 5.14. Annual Reports to CDIAC 28 Section 5.15. Annual Reporting Requirements to Original Purchaser 28 Section 5.16. Public Access to Facilities 29 Section 5.17. Modification of Maximum Authorized Special Tax 29 Section 5.18. Covenant to Defend 29 ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE DISTRICT 29 Section 6.01. Deposit and Investment of Moneys in Funds 29 Section 6.02. Rebate Fund; Rebate to the United States 30 Section 6.03. Limited Obligation 31 Section 6.04. Liability of District 31 Section 6.05. Employment of Agents by District or the City 32 60285.00021\8513142.2 _jj_ P375 TABLE OF CONTENTS (continued) Page ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BOND OWNERS 32 Section 7.01. Events of Default 32 Section 7.02. Remedies of Bond Owners 32 Section 7.03. Application of Special Taxes and Other Funds After Default 33 Section 7.04. Absolute Obligation of the District 33 Section 7.05. Termination of Proceedings 34 Section 7.06. Remedies Not Exclusive 34 Section 7.07. No Waiver of Default 34 Section 7.08. Attorney's Fees 34 ARTICLE VIII THE FISCAL AGENT 34 Section 8.01. Appointment of Fiscal Agent 34 Section 8.02. Liability of Fiscal Agent 35 Section 8.03. Information 36 Section 8.04. Notice to Fiscal Agent 36 Section 8.05. Compensation, Indemnification 37 ARTICLE IX MODIFICATION OR AMENDMENT OF THIS AGREEMENT 37 Section 9.01. Amendments Permitted 37 Section 9.02. Owners' Meetings 38 Section 9.03. Procedure for Amendment with Written Consent of Owners 38 Section 9.04. Disqualified Bonds 39 Section 9.05. Effect of Supplemental Agreement 39 Section 9.06. Endorsement or Replacement of Bonds Issued After Amendments 39 Section 9.07. Amendatory Endorsement of Bonds 40 ARTICLE X MISCELLANEOUS 40 Section 10.01. Benefits of Agreement Limited to Parties 40 Section 10.02. Cancellation of Bonds 40 Section 10.03. Successor is Deemed Included in All References to Predecessor 40 Section 10.04. Execution of Documents and Proof of Ownership by Owners 40 Section 10.05. Waiver of Personal Liability 41 60285.00021\8513142.2 _jjj_ P376 TABLE OF CONTENTS (continued) Page Section 10.06. Notices to and Demands on District and Fiscal Agent 41 Section 10.07. Partial Invalidity 42 Section 10.08. Unclaimed Moneys 42 Section 10.09. Provisions Constitute Contract 42 Section 10.10. Future Contracts 42 Section 10.11. Further Assurances 42 Section 10.12. Applicable Law 42 Section 10.13. Conflict with Act 43 Section 10.14. Conclusive Evidence of Regularity 43 Section 10.15. Payment on Business Day 43 Section 10.16. Counterparts 43 ARTICLE XI DOCUMENTS TO BE DELIVERED AT CLOSING 43 Section 11.01. Documents to be Delivered at Closing 43 Section 11.02. Final Opinion of Bond Counsel 43 Section 11.03. Defeasance Opinion of Bond Counsel 43 Section 11.04. Opinion of City Attorney 43 Section 11.05. Opinion of Counsel to the Escrow Bank and Fiscal Agent 44 Section 11.06. District Certificate 45 Section 11.07. Bank's Certificate 46 Section 11.08. Verification Letter 47 Section 11.09. Resolutions 47 Section 11.10. CDIAC Statements 47 Section 11.11. Form 8038-G 48 Section 11.12. Tax Certificate 48 Section 11.13. Additional Documents 48 EXHIBIT A FORM OF BOND A-1 EXHIBIT B FORM OF OPINION OF BOND COUNSEL B-1 EXHIBIT C PERMITTED INVESTMENTS C-1 EXHIBIT D FORM OF LETTER OF REPRESENTATIONS D-1 60285.00021A8513142.2 -iv- P377 FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (the "Agreement") is made and entered into as of January 1, 2014, by and between the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), a community facilities district, organized and existing under and by virtue of the laws of the State of California, and Wells Fargo Bank, National Association, a national banking association organized and existing under the laws of the United States of America, as fiscal agent (the "Fiscal Agent"). WITNESSETH: WHEREAS, the City Council of the City of Rancho Cucamonga (the "City") has formed the District under the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Section 53311 et seq. of the California Government Code) (the "Act") and Resolution No. 04-295 of the City Council adopted on September 15, 2004; WHEREAS, the City Council is authorized under the Act and pursuant to Ordinance No. 699 to levy special taxes within the District to pay for the costs of facilities provided by the District; WHEREAS, under the provisions of the Act, on September 15, 2004, the City Council, acting as the legislative body of the District, adopted Resolution No. 04-296 (the "Resolution") which resolution, among other matters, expressed the determination of the City Council of the necessity to issue special tax bonds in the maximum aggregate principal amount of$45,000,000 for the District secured by the special taxes; WHEREAS, on May 7, 2006, the City Council adopted Resolution No. 06-185 (the "Resolution") authorizing the issuance and sale of bonds for the District pursuant to the Fiscal Agent Agreement, dated as of May 1, 2006 (the "Prior Fiscal Agent Agreement"), by and between the City of Rancho Cucamonga, for and on behalf of the District, and Wells Fargo Bank, National Association, as fiscal agent, designated the "City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds" (the "Prior Special Tax Bonds"), for the purpose of funding the acquisition, rehabilitation and construction of certain public improvements (defined in the Prior Fiscal Agent Agreement as the "Project"); WHEREAS, on June 13, 2006 the Prior Special Tax Bonds in the principal amount of $43,545,000 were issued; WHEREAS, on January _, 2014, the City Council adopted Resolution No. 13- (the "Resolution of Issuance") authorizing the issuance and sale of bonds of the District pursuant to this Agreement designated "City of Rancho Cucamonga Community Facilities District No. 2004- 01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014" (the `Bonds"), for the purpose of financing the defeasance and refunding of the Prior Special Tax Bonds; 60285.00021\8513142.2 P378 WHEREAS, it is in the public interest and for the benefit of the City, the District, the persons responsible for the payment of special taxes and the owners of the Bonds that the District enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the special taxes securing the Bonds, and the administration and payment of the Bonds; WHEREAS, all things necessary to cause the Bonds, when authenticated by the Fiscal Agent and issued as provided in the Act, the Resolution and this Agreement, to be legal, valid and binding and limited obligations in accordance with their terms, and all things necessary to cause the creation, authorization, execution and delivery of this Agreement and the creation, authorization, execution and issuance of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, in order to secure the payment of the principal of, premium, if any, and the interest on all Bonds at any time issued and outstanding under this Agreement, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the holders thereof; and for other valuable considerations, the receipt of which is hereby acknowledged, the District does hereby covenant and agree with the Fiscal Agent, for the benefit of the respective holders from time to time of the Bonds, as follows: ARTICLE I STATUTORY AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution. Section 1.02. Agreement for Benefit of Bondowners. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the District shall be for the equal benefit, protection, and security of the Owners from time to time. In consideration of the acceptance of the Bonds by the Owners thereof, this Agreement shall be deemed to be and shall constitute a contract between the District and the Owners; and the covenants and agreements herein set forth to be performed by the District shall be for the equal and proportionate benefit, security, and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any of the Bonds over any of the others by reason of the number or date thereof or the time of sale, execution, or delivery thereof, or otherwise for any cause whatsoever, except as expressly provided therein or herein. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the Owner of any of the Bonds in its own or any other capacity with the same rights it would have if it were not Fiscal Agent. 60285.00021\8513142.2 2 P379 Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Acquisition/Financing Agreement" means the Acquisition/Financing Agreement by and between the City and Chin Yuh Yell Chuang, dated as of September 15, 2004. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Sections 53311 et seq. of the California Government Code. "Action" shall have the meaning given to such term in Section 10.01(e) hereof. "Administrative Expense Fund" means the fund by that name established by Section 3.05 hereof "Administrative Expenses" means any or all of the following: the fees and expenses of the Fiscal Agent (including the fees and expenses of its counsel), the expenses of the City, acting for and on behalf of the District, or the District in carrying out its duties hereunder (including, but not limited to, the levying and collection of the Special Taxes, complying with the disclosure provisions of the Act and this Agreement, including those related to public inquiries regarding the Special Tax and disclosures to Bondowners); the costs of the City and the District or their designees related to an appeal of the Special Tax; any costs of the City and the District (including fees and expenses of counsel) to defend the first lien on and pledge of the Special Taxes to the payment of the Bonds or otherwise in respect of litigation relating to the District or the Bonds or with respect to any other obligations of the District, the salaries of City staff directly related to the carrying out by the City, for and on behalf of the District, the District's obligations hereunder and a proportionate amount of City general administrative overhead related thereto allocable to the Bonds; and all other costs and expenses of the City, the District, and the Fiscal Agent incurred in connection with the discharge of their respective duties hereunder, and in the case of the City, in any way related to the administration of the District and all actual costs and expenses incurred in connection with the administration of the Bonds. "Agreement" means this Fiscal Agent Agreement, as it may be amended or supplemented from time to time by any Supplemental Agreement adopted pursuant to the provisions hereof "Annual Debt Service" means, for each Bond Year, the sum of(i) the interest due on the Outstanding Bonds in such Bond Year, and (ii) the principal amount of the Outstanding Bonds scheduled to be paid in such Bond Year. "Auditor" means the auditor/tax collector of the County of San Bernardino. "Authorized Officer" means the City Manager, Assistant City Manager, Deputy City Manager, Finance Director, or City Clerk of the City, or any other officer or employee 60285.00021\8513142.2 3 P380 authorized by the City Council of the City or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer. "Bank" shall have the meaning given to such term in Section 10.01(d) hereof. "Bank Agreements" shall have the meaning given to such term in Section 10.01(d) hereof. "Bond Counsel" means (i) Best Best & Krieger LLP; or (ii) any attorney or firm of attorneys acceptable to the District and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. "Bond Fund" means the fund by that name established by Section 4.02A hereof. "Bond Year" means the one-year period beginning on September 2 in each year and ending on September i in the following year except that the first Bond Year shall begin on the Closing Date and end on September 1, 2014. "Bonds" means the City of Rancho Cucamonga Community Facilities District No. 2004- 01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014, authorized by, and at any time Outstanding pursuant hereto. "Business Day" means a day which is not a Saturday, Sunday, or legal holiday on which banking institutions in the State of California, or in any state in which the Principal Office of the Trustee is located, or the New York Stock Exchange are closed. If any payment hereunder is due on a day which is not a Business Day, such payment shall be made on the next succeeding Business Day with the same effect as if made on such previous day. "CDIAC" means the California Debt and Investment Advisory Commission of the office of the State Treasurer of the State of California or any successor agency or bureau thereto. "City" means the City of Rancho Cucamonga, California. "City Council" means the City Council of the City, acting in its capacity as the legislative body of the District. "Closing Date" means the date upon which there is a physical delivery of the Bonds in exchange for the amount representing the purchase price of the Bonds by the Original Purchaser. "Code" means the Internal Revenue Code of 1986 as in effect on the date of issuance of the Bonds or (except as otherwise referenced herein) as it may be amended to apply to obligations issued on the date of issuance of the Bonds, together with applicable proposed, temporary and final regulations promulgated, and applicable official public guidance published, under the Code. "Costs of Issuance" means items of expense payable or reimbursable directly or indirectly by the District and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and 60285 00021\8513142.2 4 P381 binding documents, closing costs, filing and recording fees, initial fees and charges of the Fiscal Agent including its first annual administration fee and the fees of its counsel, expenses incurred by the District in connection with the issuance of the Bonds, legal fees and charges, including the fees of Bond Counsel, financial advisor's fees, charges for authentication, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. "County" means the County of San Bernardino, California. "Debt Service" means the scheduled amount of interest and amortization of principal payable on the Bonds during the period of computation, excluding amounts scheduled during such period which relate to principal which has been retired before the beginning of such period. "Defeasance Obligations" means those obligations described in paragraph A. of the definition of Permitted Investments. "District" means the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) formed pursuant to the Resolution of Formation. "District Documents" shall have the meaning given such term in Section 10.01(c) hereof. "Escrow Bank" means Wells Fargo Bank, National Association, acting as escrow agent under the Escrow Agreement. "Escrow Agreement" means that Escrow Agreement Deposit and Trust Agreement dated as of February _, 2013 by and between the City, the District, the Prior Fiscal Agent and the Escrow Bank relating to defeasance of the Prior Special Tax Bonds. "Fair Market Value" means the price at which a willing buyer would purchase the investment from a willing seller in a bona fide, arm's length transaction (determined as of the date the contract to purchase or sell the investment becomes binding) if the investment is traded on an established securities market (within the meaning of section 1273 of the Code) and, otherwise, the term "Fair Market Value" means the acquisition price in a bona fide arm's length transaction (as referenced above) if(i) the investment is a certificate of deposit that is acquired in accordance with applicable regulations under the Code; (ii) the investment is an agreement with specifically negotiated withdrawal or reinvestment provisions and a specifically negotiated interest rate (for example, a guaranteed investment contract, a forward supply contract or other investment agreement) that is acquired in accordance with applicable regulations under the Code; (iii) the investment is a United States Treasury Security - State and Local Government Series that is acquired in accordance with applicable regulations of the United States Bureau of Public Debt; or (iv) any commingled investment fund in which the City and related parties do not own more than a ten percent (10%) beneficial interest therein if the return paid by the fund is without regard to the source of the investment. "Finance Director" means the Finance Director of the City. "Fiscal Agent" means the Fiscal Agent appointed by the District and acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, 60285.00021\8513142.2 5 P382 and any other corporation or association which may at any time be substituted in its place, as provided in Section 8.01. "Fiscal Year" means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. "Independent Accountant" means any nationally recognized firm of certified public accountants or firm of such accountants duly licensed or registered or entitled to practice and practicing as such under the laws of the State, appointed by the City, acting for and on behalf of the District, and who, or each of whom: (1) is in fact independent and not under domination of the City or the District; (2) does not have any substantial interest, direct or indirect, with the City or the District; and (3) is not connected with the City or the District as an officer or employee of the City or the District, but who may be regularly retained to make reports to the City or the District. "Independent Financial Consultant" means any financial consultant or firm of such Financial consultants appointed by the City, acting for and on behalf of the District, and who, or each of whom: (1) is judged by the City to have experience with respect to the financing of public capital improvement projects; (2) is in fact independent and not under the domination of the City or the District; (3) does not have any substantial interest, direct or indirect, with the City or the District; and (4) is not connected with the City, or the District as an officer or employee of the City or the District, but who may be regularly retained to make reports to the City, or the District. "Interest Payment Dates" means March 1 and September 1 of each year, commencing September 1, 2014. "Investment Earnings" means all interest earned and any gains and losses on the investment of moneys in any fund or account created by this Agreement. "Letter of Representations" means a letter substantially in the form and of the substance of the Letter of Representations attached hereto as Exhibit D and satisfactory to Bond Counsel executed and delivered by each purchaser of the Bonds to the District to the effect, among other things, that such purchaser (a) has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of the Bonds, (b) is acquiring the 60285.00021A8513142.2 6 P383 Bonds for its own account for the purpose of investment and not with a view to the distribution thereof, and (c) has no present intention of selling, negotiating, transferring, or otherwise disposing of the Bonds so purchased. "Material Adverse Effect" means an event or occurrence which adversely affects in a material manner (a) the District or the business, facilities, or operations of the District, (b) the ability of the District to meet or perform its obligations under this Fiscal Agent Agreement on a timely basis, (c) the validity or enforceability of this Fiscal Agent Agreement. "Maximum Annual Debt Service" means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. "Net Special Tax Revenues" means, for each Fiscal Year, all Special Tax Revenues received by the District less an amount equal to the Priority Administrative Expenses Amount. "Officer's Certificate" means a written certificate of the District or the City signed by an Authorized Officer of the City. "Ordinance" means an ordinance of the City levying the Special Taxes, including Ordinance No. 735, adopted by the City Council on October 6, 2004. "Original Purchaser" means the WAB Investments, Inc., a Division of Western Alliance Bank, an Arizona Corporation, and its successors and assigns. "Outstanding," means (subject to the provisions of Section 9.04), when used as of any particular time with reference to Bonds, all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds paid or deemed to have been paid within the meaning of Section 10.01; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued, and delivered by the District pursuant to this Agreement or any Supplemental Agreement. "Owner" or "Bondowner" means any person who shall be the registered owner of any Outstanding Bond, including, without limitation, the Original Purchaser. "Penalties and Interest" means any penalties or interest in excess of the interest payable on the Bonds collected in connection with delinquent Special Taxes. "Penalties and Interest Account" means the account by that name within the Special Tax Fund pursuant to Section 3.03D hereof. "Permitted Investments" shall have the meaning given such term in Exhibit C hereto. "Person" means an individual, corporation, firm, association, partnership, trust, or other legal entity or group of entities, including a governmental entity or any agency or political subdivision thereof. "Prepayments" means Special Tax Revenues identified to the Fiscal Agent by an Authorized Officer as representing a prepayment of the Special Tax pursuant to the RMA. 60285.00021\8513142.2 7 P384 "Principal Office" means the principal corporate trust office of the Fiscal Agent as may be designated from time to time by the Fiscal Agent in writing to the District initially set forth in Section 11.06 hereof. "Prior Administrative Expense Fund" means the Administrative Expense Fund established pursuant to the Prior Fiscal Agent Agreement. "Prior Fiscal Agent" means Wells Fargo Bank, National Association, acting in its capacity as the fiscal agent pursuant to the Prior Fiscal Agent Agreement. "Prior Fiscal Agent Agreement" means the Fiscal Agent Agreement, dated as of May 1, 2006, by and between the District and Wells Fargo Bank, National Association, as fiscal agent, pertaining to the Prior Special Tax Bonds. "Prior Project Fund" means the Project Fund established pursuant to the Prior Fiscal Agent Agreement. "Prior Special Tax Bonds" means the outstanding City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds. "Priority Administrative Expense Amount" means an annual amount equal to $ for fiscal year 2013-14 subject to escalation by 2% each fiscal year thereafter commencing July 1, 2014, or such lesser amount as may be designated by written instruction from an Authorized Officer of the District to be allocated as the first priority of Special Taxes received each Fiscal Year for the payment of Administrative Expenses allocated to the Bonds. "Project" means the facilities more particularly described in the Acquisition/Financing Agreement. "Project Fund" means the fund by that name created by and held by the Fiscal Agent pursuant to Section 3.06 hereof. "Rebate Certificate" means the certificate delivered by the District upon the delivery of the Bonds relating to Section 148 of the Code, or any functionally similar replacement certificate. "Rebate Fund" means the fund by that name established by Section 6.02 hereof. "Record Date" means the fifteenth day of the month next preceding the month of the applicable Interest Payment Date. "Reserve Fund" means the fund by that name established by Section 4.03 hereof. "Reserve Requirement" means on any date in any Bond Year the lesser of fifty percent (50%) of (i) ten percent (10%) of the stated principal amount of the Bonds, (ii) Maximum Annual Debt Service on the Bonds or (iii) 125 percent of average Annual Debt Service on the Bonds, as determined by the District. 60285.00021A8513142.2 8 P385 "Resolution of Formation" means Resolution No. 04-295, adopted by the City Council on September 15, 2004. "Resolution of Issuance" shall have the meaning given such term in the recitals hereto. "RMA" means the Rate and Method of Apportionment of the Special Tax for the District approved by the qualified electors within the District at a special election held on September 15, 2004. "Special Tax Fund" means the fund by that name established by Section 3.03A hereof. "Special Tax Revenues" means the proceeds of the Special Taxes received by the District including any scheduled payments and any prepayments thereof, interest thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes to the amount of said lien and interest and penalties thereon. Notwithstanding the foregoing, "Special Tax Revenues" does not include Penalties and Interest. "Special Taxes" means the special taxes levied within the District pursuant to the Act, the RMA, the Ordinance, and this Agreement. "Supplemental Agreement" means an agreement the execution of which is authorized by a resolution which has been duly adopted by the City Council under the Act and which agreement is amendatory of or supplemental to this Agreement, but only if and to the extent that such agreement is specifically authorized hereunder. "Treasurer" means the person who is acting in the capacity as treasurer or finance director to the City or the designee of either such officer. ARTICLE II THE BONDS Section 2.01. Principal Amounts; Designations. Bonds in the aggregate principal amount of Dollars ($ ) are hereby authorized to be issued by the District under and subject to the terms of the Resolution of Issuance and this Agreement, the Act and other applicable laws of the State of California. The Bonds shall be designated "City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014." This Agreement constitutes a continuing agreement of the District with the Owners from time to time of the Bonds to secure the full payment of the principal of, premium, if any, and interest on all such Bonds subject to the covenants, provisions, and conditions herein contained. Section 2.02. Terms of Bonds. A. Form; Denominations. The Bonds shall be issued as fully registered bonds without coupons in the denomination of $100,000 or any integral multiple of $5,000 in excess thereof. Notwithstanding the foregoing, the Bonds may be redeemed in the principal amount of $5,000 or any integral multiple thereof pursuant to Section 3.01(b) hereof provided that the 60285.00021A8513142.2 9 P386 Bonds that remain Outstanding after any such redemption shall be in authorized denominations of$100,000 or any integral multiple of$5,000 in excess thereof. The Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent. B. Date of the Bonds. The Bonds shall be dated the Closing Date. C. Maturities, Interest Rates. The Bonds shall be issued as one term Bond in the aggregate principal amount of $ , which Bond shall nature and be payable on September 1, 2036 and shall bear interest at the rate of hundredths percent L. %) per annum. D. Interest. The Bonds shall bear interest at the rates set forth above payable five (5) days preceding the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication; or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. E. Method of Payment. Interest on the Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Fiscal Agent mailed at least five (5) days preceding the Interest Payment Dates by first class mail to the registered Owner thereof at such registered Owner's address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon instructions of any Owner of$1,000,000 or more in aggregate principal amount of Bonds. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America upon surrender of the Bonds at the Principal Office of the Fiscal Agent. All Bonds paid by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and issue a certificate of destruction thereof to the District. Section 2.03. Redemption. A. Optional Redemption. The Bonds or any portion of the principal thereof, in the principal amount of $100,000 or any integral multiple of $5,000 in excess thereof, may be redeemed, at the option of the City from any source of funds (excluding Prepayments transferred from the Prepayment Account of the Bond Service Fund) on any date on or after March 1, 2024, subject to the restrictions upon refunding of bonds specified in the Act, by giving notice as 60285.00021\8513142.2 10 P387 provided in Section 2.03D hereof, causing the Fiscal Agent to give notice as provided by Section 2.03E hereof and by paying the redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest to the date of redemption. B. Mandatory Redemption from the Prepayment of Special Taxes. The Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part from such maturities, as are selected by the District, from Prepayments of Special Taxes at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption; provided, however, that the Bonds that remain Outstanding after any such redemption pursuant to this Section 2.03B shall be in authorized denominations of $100,000 or any integral multiple of $5,000 in excess thereof Redemption Date Redemption Price September 1, 2014 through September 1, 2036 103% C. Mandatory Sinking Fund Redemption. The Bonds maturing on September 1, 2036, shall be called before maturity and redeemed, from the sinking fund payments that have been deposited into the Bond Service Fund, on September 1, 2014, and on each September 1 thereafter prior to maturity, in accordance with the schedule of sinking fund payments set forth below. The Bonds so called for redemption shall be selected by the Fiscal Agent by lot and shall be redeemed at a redemption price for each redeemed Bond equal to the principal amount thereof, plus accrued interest to the redemption date, without premium, as follows: BONDS MATURING SEPTEMBER 1, 2036 Redemption Date (September 1) Principal Amount 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 60285.00021A5513142.2 I I P388 Redemption Date (September 1) Principal Amount 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 In the event of a partial optional redemption or special mandatory redemption of any Bonds maturing on September 1, 2036, pursuant to Section 2.03A or 2.03B hereof, each of the remaining Sinking Fund Payments for such Bonds, as described above, will be reduced, as nearly as practicable, on a pro rata basis, provided that the reductions shall be made in multiples of not less than $5,000. D. Notice to Fiscal Agent and Others. 1. The Finance Director shall notify the Fiscal Agent of the Bonds to be called for redemption upon Prepayment of Special Taxes in amounts sufficient therefor, or whenever sufficient surplus funds are available therefor in the Bond Service Fund. The Fiscal Agent shall select Bonds for retirement in such a way that the ratio of Outstanding Bonds to issued Bonds shall be approximately the same in each annual series or maturity insofar as possible. Within each annual series or maturity, the Fiscal Agent shall select Bonds for retirement randomly by lot. The Finance Director shall give the Fiscal Agent written notice of the aggregate amount of Bonds and maturities to be redeemed pursuant to Section 2.03B hereof not less than thirty (30) days prior to the applicable redemption date. 2. The Finance Director shall give the Fiscal Agent and the Original Purchaser written notice of the aggregate amount of Bonds and maturities that the District has • preliminarily determined to redeem pursuant to Section 2.03A hereof not less than thirty (30) days prior to the applicable proposed redemption date. E. Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books in the Principal Office of the Fiscal Agent; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. 60285.00021A8513142.2 12 P389 • Such notice shall state the redemption date and the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the Bond numbers of the Bonds to be redeemed by giving the individual Bond number of each Bond to be redeemed or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called in part the principal amount thereof to be redeemed, and shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of mailing any such redemption notice and any expenses incurred by the Fiscal Agent in connection therewith shall be paid by the District. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the Bond number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. The District shall have the right to rescind any notice of redemption for any optional or mandatory redemption pursuant to Section 2.03A or Section 2.03B hereof, on or prior to the date fixed for redemption. Any notice of optional redemption shall be cancelled and annulled if for any reason funds will not be or are not available on the date so fixed for redemption for the payment in full of the Bonds then called for redemption, and such cancellation shall not constitute an Event of Default hereunder. The Fiscal Agent shall have no liability to the Owners or any other party related to or arising from such rescission of redemption. The Fiscal Agent shall mail notice of such recession of redemption in the same manner as the original notice of redemption. • Whenever provision is made in this Agreement for the redemption of less than all of the Bonds or any given portion thereof, the Fiscal Agent shall select the Bonds to be redeemed, from all Bonds or such given portion thereof not previously called for redemption, among maturities as specified by the District in a written certificate delivered to the Fiscal Agent, and by lot within a maturity in any manner which the District in its sole discretion shall deem appropriate and fair. In providing such certificate, the District shall provide for the redemption of Bonds such that the remaining Debt Service payable on the Bonds shall remain level as possible. Upon surrender of Bonds redeemed in part only, the District shall execute and the Fiscal Agent shall authenticate and deliver to the registered Owner, at the expense of the District, a new Bond or Bonds, of the same Series and maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. F. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the principal of, and interest and any premium on, the Bonds so called for redemption shall have been deposited in the Bond Fund, such Bonds so called shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and no interest shall accrue thereon on or after the redemption date specified in such notice. 60285.00021A8513142.2 13 P390 All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section shall be canceled by the Fiscal Agent. The Fiscal Agent shall destroy the canceled Bonds and, upon written request of the District, issue a certificate of destruction thereof to the District. • Section 2.04. Form of Bonds. The Bonds, the form of Fiscal Agent's certificate of authentication and the form of assignment, to appear thereon, shall be substantially in the forms, respectively, set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions, as permitted or required by this Agreement, the Resolution, and the Act. The Bonds of any other Series and the form of the certificate of authentication and assignment to appear thereon shall be in such form or forms as may be specified in the Supplemental Agreement creating such Series of Bonds. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the District by the manual or facsimile signatures of the Mayor and City Clerk, who are in office on the date of adoption of this Agreement or at any time thereafter. The Bonds shall then be delivered to the Trustee for authentication. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bonds to the Owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bonds to the Owner. Any Bond may be signed and attested on behalf of the District by such persons as at the actual date of the execution of such Bond shall be the proper officers of the District although at the nominal date of such Bond any such person shall not have been such officer of the District. Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A, executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that the Bonds registered hereunder have been duly authenticated, registered and delivered hereunder and are entitled to the benefits of this Agreement. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, in whole or in part, upon the books required to be kept pursuant to the provisions of Section 2.08 by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in substantially the form set forth in Exhibit D hereto. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the District shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. No transfers of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond 60285.00021A8513142.2 14 P391 after such Bond has been selected for redemption; or(iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and • of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond after such Bond has been selected for redemption; or(iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. Section 2.08. Bond Register. The Fiscal Agent will keep or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds which books shall show the number, date, amount, rate of interest and last known Owner of each Bond and shall at all times be open to inspection by the District or the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. The District and the Fiscal Agent will treat the Owner of any Bond whose name appears on the Bond register as the absolute Owner of such Bond for any and all purposes, and the District and the Fiscal Agent shall not be affected by any notice to the contrary. The District and the Fiscal Agent may rely on the address of the Bond Owner as it appears in the Bond register for any and all purposes. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such authorized denominations as may be determined by the District, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the District upon the same conditions and in substantially the same manner as the definitive Bonds. If the District issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the District, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the 60285.00021A8513142.2 15 P392 Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled by it and destroyed by the Fiscal Agent, who shall deliver a certificate of destruction thereof to the District. If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity for the District and the Fiscal Agent satisfactory to the Fiscal Agent shall be given, the District, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a new Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The District may require payment of a sum not exceeding the actual cost of preparing each new Bond delivered under this Section and of the expenses which may be incurred by the District and the Fiscal Agent for the preparation, execution, authentication and delivery. Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation on the part of the District whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.11. Type and Nature of the Bonds; Limited Obligation. Neither the faith and credit nor the taxing power of the City, the State of California or any political subdivision thereof other than the District is pledged to the payment of the Bonds. Except for the Special Taxes, no other taxes are pledged to the payment of the Bonds. The Bonds are not general or special obligations of the City nor general obligations of the District but are limited obligations of the District payable solely from Net Special Tax Revenues. The District's limited obligation to pay the principal of, premium, if any, and interest on the Bonds from the Net Special Tax Revenues is absolute and unconditional, free of deductions and without any abatement, offset, recoupment, diminution or set-off whatsoever. No Owner of the Bonds may compel the exercise of the taxing power by the District (except as it pertains to the Special Taxes) or the City or the forfeiture of any of their property. The principal of and interest on the Bonds and premiums upon the redemption thereof, if any, are not a debt of the City, the State of California or any of its political subdivisions except the District within the meaning of any constitutional or statutory limitation or restriction. The Bonds are not a legal or equitable pledge, charge, lien, or encumbrance upon any of the District's property, or upon any of its income, receipts or revenues, except the Net Special Tax Revenues and amounts on deposit in the Special Tax Fund and the Bond Fund to the extent pledged hereunder which are, under the terms of this Agreement and the Act, set aside for the payment of the Bonds and interest thereon and neither the members of the legislative body of the District nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. Section 2.12. Equality of Bonds and Pledge of Net Special Tax Revenues. Pursuant to the Act and this Agreement, the Bonds shall be equally payable from the Net Special Tax Revenues and other amounts in the Special Tax Fund without priority for number, date of the Bonds, date of sale, date of execution, or date of delivery, and the payment of the interest on and principal of the Bonds and any premiums upon the redemption thereof, shall be exclusively paid from the Net Special Tax Revenues and other certain other amounts in the Special Tax Fund, which are hereby set aside for the payment of the Bonds. Amounts in the Special Tax Fund shall constitute a trust fund held for the benefit of the Owners to be applied to the payment of the 60285.00021\8513142.2 16 P393 interest on and principal of the Bonds and so long as any of the Bonds or interest thereon remain Outstanding shall not be used for any other purpose, except as permitted by this Agreement. Nothing in this Fiscal Agent Agreement shall preclude, subject to the limitations contained hereunder, the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State of California, which shall be payable from Net Special Tax Revenues. Section 2.13. Description of Bonds; Interest Rates. The Bonds shall be issued in fully registered form in any authorized denomination. The Bonds shall be numbered as desired by the Fiscal Agent. Section 2.14. No Acceleration. The principal of the Bonds shall not be subject to acceleration hereunder. Nothing in this Section shall in any way prohibit the prepayment or redemption of Bonds under Section 2.03 hereof. Section 2.15. Additional Bonds. Other than for the purpose of refunding the Bonds, no additional Bonds entitled to a lien on the Net Special Tax Revenues shall be issued hereunder. Section 2.16. Validity of the Bonds. The validity of the authorization and issuance of the Bonds shall not be affected in any way by any defect in any proceedings taken by the District for the issuance and sale of the Bonds and the recital contained in the Bonds that the same are issued pursuant to the Act and other applicable laws of the State shall be conclusive evidence of their validity and the regularity of their issuance. ARTICLE III ISSUANCE OF BONDS Section 3.01. Issuance and Delivery of the Bonds. At any time after the execution of this Agreement, the District may issue the Bonds in the aggregate principal amount set forth in Section 2.01 and deliver the Bonds to the Original Purchaser. The Authorized Officers of the District are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the Resolution of Issuance and this Agreement and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser, upon payment of the purchase price for the Bonds. Section 3.02. Application of Proceeds of Sale of the Bonds and Transfers from the Prior Special Tax Bonds. A. The proceeds of the purchase of the Bonds by the Original Purchaser being $ .00 shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and transfer such proceeds on the Closing Date as follows: 1. $ shall be transferred to the Escrow Bank for deposit into the Escrow Fund held by the Escrow Bank under the Escrow Agreement; 60285.00021\8513142.2 17 P394 2. $ shall be deposited into the Reserve Fund, the Reserve Requirement as of the Closing Date; and 3. $ shall be deposited in the Costs of Issuance Fund. B. On the Closing Date, the Prior Fiscal Agent shall transfer to the Fiscal Agent: 1. all moneys then on deposit in the Prior Project Fund to the Fiscal Agent for deposit in the Improvement Fund; and 2. all moneys then on deposit in the Prior Administrative Expense Fund to the Fiscal Agent for deposit in the Administrative Expense Fund. Section 3.03. Special Tax Fund. A. Establishment of Special Tax Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the "Special Tax Fund," to the credit of which the District or the City, on behalf of the District, shall deposit, immediately upon receipt, all Special Tax Revenue received by the District or the City, on behalf of the District. Moneys in the Special Tax Fund, other than Penalties and Interest, shall be held by the Fiscal Agent for the benefit of the District and the Owners of the Bonds, shall be disbursed as provided below and, pending any disbursement, shall be subject to a lien in favor of the Owners of the Bonds. B. Disbursements of Special Tax Revenues. The Special Tax Revenues deposited in the Special Tax Fund shall be held and, other than Special Tax Revenues representing Prepayments, subsequently transferred to the following funds and accounts not later than the dates and in the amounts set forth in the following paragraphs and in the following order of priority: 1. to the District for deposit in Administrative Expense Fund an amount equal to the Priority Administrative Expense Amount estimated to be due and payable during the Fiscal Year; 2. not later than ten (10) Business Days prior to each Interest Payment Date, to the Bond Fund: a. the amount representing past due installments of principal, interest and premium on the Bonds (including any interest thereon pursuant to the second sentence of the second paragraph of Section 4.02B), if any, resulting from the delinquency in the payment of such Special Taxes; and b. an amount, taking into account any amounts then on deposit in the Bond Fund (other than by reason of the preceding paragraph a.) such that the amount in the Bond Fund equals the principal, premium, if any, and interest due on the Bonds on the next Interest Payment Date; 60285.00021\8513142 2 18 P395 3. no later than ten (10) Business Days prior to each interest Payment Date, to the Reserve Fund that amount, in addition to the amount transferred to the Bond Fund pursuant to paragraph 2. above, necessary to replenish any draw on the Reserve Fund; 4. on September 2 of each year after making the deposits and transfers required under paragraphs 1 and 2 above and the transfer, if any, authorized under paragraph 3 above, to the Rebate Fund, upon receipt of written instructions from an Authorized Officer on or before the preceding June 30, the amount specified in such written instructions necessary for the payment of any rebate amount due and owing to the United States of America by the District on the Bonds; 5. on September 2 of each year after making the deposits and transfers required under paragraphs 1 through 4 above, upon receipt of written instructions from an Authorized Officer, to the District for deposit in the Administrative Expense Fund the amount specified in such written instructions necessary for (a) payment of the estimated Administrative Expenses projected to be due and payable in the next Fiscal Year, (b) reimbursement of any Administrative Expenses incurred during the Fiscal Year ending on such June 30 or (c) the establishment or replenishment of a reasonable operating reserve within the Administrative Expense Fund, and not included in any prior transfer made pursuant to paragraph 1 above; and 6. after September 2 of each year, after making the deposits and transfers made pursuant to paragraphs 1 through 5 above, moneys then on deposit in the Special Tax Fund shall remain therein and shall be subsequently deposited or transferred pursuant to the provisions of paragraphs 1 through 5 above. C. Transfer of Prepayments. Amounts constituting Prepayments shall be transferred by the Treasurer to the Fiscal Agent, and placed by the Fiscal Agent in a segregated account within the Bond Fund designated as "Prepayment Account" and used to redeem Bonds pursuant to paragraph 2 of Section 2.03B. Any such transfer of Prepayments shall be accompanied by written instructions executed by the Treasurer or an Authorized Officer directing the Fiscal Agent to place such Prepayments in the Prepayment Account. D. Penalties and Interest. Amounts constituting Penalties and Interest shall be transferred by the Treasurer to the Fiscal Agent, and placed by the Fiscal Agent in a segregated account within the Special Tax Fund designated as "Penalties and interest Account." The moneys on deposit in the Penalties and Interest Account shall be held and subsequently transferred, upon receipt of written instructions contained in an Officer's Certificate, to the following funds and accounts not later than the dates and in the amounts set forth in the following paragraphs and in the following order of priority: 1. to the Administrative Expense Fund that amount as specified in such written instructions necessary for payment of the estimated Administrative Expenses projected to be due and payable in the next Fiscal Year, reimbursement of any Administrative Expenses incurred during the Fiscal Year ending on such June 30 or establishment or replenishment of a reasonable operating reserve within the Administrative Expense Fund not included in any prior transfer made pursuant to paragraphs 3 or 6 of subsection B above; 60285.00021\8513142.2 19 P396 2. to the Bond Fund that amount as specified in such Officer's Certificate for the payment of debt service on the Bonds; 3. to the Reserve Fund that amount as specified in such Officer's Certificate as necessary to increase the balance therein up to the Reserve Requirement; or 4. to such other fund or account as specified in such Officer's Certificate for any authorized purpose of the District. E. Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from such investment and deposit shall be retained in the Special Tax Fund to be used for the purposes thereof. Section 3.04. Costs of Issuance Fund. A. Establishment of Costs of Issuance Fund. There is hereby established, as a separate account to be held by the Fiscal Agent, the "Costs of Issuance Fund" to the credit of which a deposit shall be made as required by Section 3.02A. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection B of this Section for the payment or reimbursement of Costs of Issuance. B. Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal Agent on the Closing Date. The Fiscal Agent shall pay all Costs of Issuance upon receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee in such requisition, or upon receipt of an Officer's Certificate requesting payment of a Cost of Issuance not listed on the initial requisition delivered to the Fiscal Agent on the Closing Date. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of ninety (90) days from the Closing Date and shall then transfer and deposit any moneys remaining therein, including any Investment Earnings thereon, to the Special Tax Fund. C. Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the Fiscal Agent in the Cost of Issuance Fund to be used for the purposes of such fund. Section 3.05. Administrative Expense Fund. A. Establishment of Administrative Expense Fund. There is hereby established, as a separate account to be held by the District, the "Administrative Expense Fund" to the credit of which transfers from the Fiscal Agent shall be made to the District as required by Sections 3.02B, 3.03B or 3.03D hereof. Moneys in the Administrative Expense Fund shall be held in trust by the District for the benefit of the City and the District, and shall be disbursed as provided below. 60285.00021\8513142.2 20 P397 B. Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the District and paid to the payee specified in an Officer's Certificate stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense and the nature of such expense. Amounts on deposit in the Administrative Expense Fund at the end of any Fiscal Year shall be retained in such fund as an operating reserve and shall be disbursed as provided for in this paragraph B. C. Investment. Moneys in the Administrative Expense Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the District in the Administrative Expense Fund to be used for the purposes of such fund. Section 3.06. Project Fund. A. Establishment of Project Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the "Project Fund" to the credit of which deposits shall be made as required by Section 3.02B. Moneys in the Project Fund shall be held in trust by the Fiscal Agent for the benefit of the City, and shall be disbursed, except as otherwise provided in subsection C of this Section, solely for the payment or reimbursement of costs of the Project. B. Procedure for Disbursement for Project Costs. The Fiscal Agent shall make disbursements from the Project Fund upon receipt of an Officer's Certificate, in substantially the form set forth in Exhibit E to this Agreement, attached hereto and incorporated herein by reference, which shall: 1. set forth the amount required to be disbursed; the purpose for which the disbursement is to be made; that the disbursement is a proper expenditure from the Project Fund; and the Person to which the disbursement is to be paid; and 2. certify that no portion of the amount then being requested to be disbursed was set forth in any Officer's Certificate previously filed requesting a disbursement. C. Investment. Moneys in the Project Fund shall be invested and deposited in accordance with Section 6.01. Interest earnings and profits resulting from such investment shall be invested and deposited and shall be retained in the Project Fund to be used for the purposes thereof. D. Transfer of Funds not Required for Project. Upon the filing of an Officer's Certificate stating that the Project has been completed and that all costs of the Project have been paid, or that any such costs are not required to be paid from the Project Fund, the Fiscal Agent shall transfer the amount, if any, remaining in the Project Fund to the Special Tax Fund. E. Transfer of Funds in case of Abandonment. Upon the filing of an Officer's Certificate stating that the Authorized Officer has determined in his sole discretion that work necessary to construct and complete the Project has ceased for a continuous period of over six months such that the construction of the Project effectively has been abandoned, or that for any reason all or any portion of the amounts then on deposit in the Project Fund will not be expended 60285.00021\8513142.2 21 P398 for Project costs, the Fiscal Agent shall transfer the amount, if any,remaining in the Project Fund to the Special Tax Fund. • ARTICLE IV NET SPECIAL TAX REVENUES; BOND FUND Section 4.01. Pledge of Net Special Tax Revenues. The Bonds shall be secured by a first pledge (which pledge shall be effected in the manner and to the extent herein provided) of all of the Net Special Tax Revenues and all moneys deposited in the Bond Fund and, until disbursed as provided herein, in the Special Tax Fund, except for moneys on deposit in the the Penalties and Interest Account. The Bonds are further secured by a first pledge of all moneys deposited in the Reserve Fund. The Net Special Tax Revenues and all moneys deposited into said funds (except as otherwise provided herein) are hereby dedicated to the payment of the principal of, and interest and any premium on, the Bonds as provided herein and in the Act until all of the Bonds have been paid and retired. Section 4.02. Bond Fund. A. Establishment of Bond Fund. There is hereby established as a separate fund to be held by the Fiscal Agent for the "Bond Fund" and, within the Bond Fund, the "Prepayment Account" to the credit of which deposits shall be made as required by paragraph 2 of Section 3.03B. and by Section 3.03C., and any other amounts required to be deposited therein by this Agreement or the Act. Moneys in the Bond Fund shall be held by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. B. Disbursements. On each Interest Payment Date, the Fiscal Agent shall withdraw from the Bond Fund and pay to the Owners of the Bonds the principal of, and interest and any premium, then due and payable on the Bonds, including any amounts due under Section 2.03A. hereof; provided, however, that available amounts in the Bond Fund shall first be used to pay to the Owners of the Bonds any past due installments of interest, principal (including mandatory sinking payments) of and premium, if any, on the Bonds, in that order. Amounts transferred to the Bond Fund from the Special Tax Fund pursuant to paragraph 2.a. of Section 3.03B. shall immediately be paid to the Owners of the Bonds in respect of past due payments on the Bonds, and amounts transferred to the Prepayment Account pursuant to Section 3.03C. shall be used to redeem Bonds pursuant to Section 2.03B. If after the foregoing transfers, there are insufficient funds in the Bond Fund to make the payments provided for in the first sentence of this Section 4.02B., the Fiscal Agent shall apply the available funds first to the payment of interest on the Bonds, then to the payment of principal and any mandatory sinking payments due on the Bonds. Any installment of principal (including mandatory sinking payments), premium, if any, or interest on the Bonds which is not paid when due shall accrue interest at the rate of interest on the Bonds until paid, and shall be paid whenever funds in the Bond Fund are sufficient therefor. 60285 00021\8513142.2 22 P399 If at any time the Fiscal Agent fails to pay principal and interest due on any scheduled payment date for the Bonds, the Fiscal Agent shall notify the District and the Treasurer in writing of such failure, and the Treasurer shall notify the California Debt Advisory Commission of such failure within 10 days of the failure to make such payment, as required by Section 53359(c)(1) of the Act. C. Investment. Moneys in the Bond Fund shall be invested and deposited in accordance with Section 6.01. Investment Earnings shall be retained in the Bond Fund, except to the extent they are required to be deposited by the Fiscal Agent in the Rebate Fund in accordance with Section 6.02 hereof. Interest earnings and profits resulting from the investment and deposit of amounts in the Bond Fund shall be retained in the Bond Fund. Section 4.03. Establishment of Reserve Fund. There is hereby established as a separate fund to be held by the Fiscal Agent, the "Reserve Fund," to the credit of which a deposit shall be made as required by Section 3,02B. hereof. Moneys in the Reserve Fund shall be held by the Fiscal Agent for the benefit of the Bondowners and shall be disbursed as provided in Section 4.03B below. A. Procedure for Disbursement. Moneys on deposit in the Reserve Fund shall be used solely for the purpose of paying the principal of and interest on the Bonds as such amounts shall become due and payable in the event that the moneys in the Special Tax Fund and the Bond Fund for such purpose are insufficient therefor or redeeming Bonds as described below. The Fiscal Agent shall, when and to the extent necessary, withdraw money from the Reserve Fund and transfer such money to the Bond Fund or the Redemption Fund for such purpose. On any date after either the transfers, if any, required by the preceding paragraph have been made for any Bond Year or the valuation of the Permitted Investments in the Reserve Fund pursuant to Section 6.01 below, if the amount on deposit in the Reserve Fund is less than the Reserve Requirement, the Fiscal Agent shall transfer to the Reserve Fund from the first available moneys in the Special Tax Fund an amount necessary to increase the balance therein to the Reserve Requirement. If at least ten (10) Business Days prior to each Interest Payment Date of each year, the amount on deposit in the Reserve Fund, less Investment Earnings resulting from the investment of the funds therein which pursuant to Section 6.02 hereof must be rebated to the United States, is in excess of the Reserve Requirement, the Fiscal Agent shall transfer such excess to the Bond Fund. In connection with any optional redemption of Bonds pursuant to Section 2.03A., amounts on deposit in the Reserve Fund which would be in excess of the Reserve Requirement following such redemption shall be transferred to the Redemption Fund or the Bond Fund, as applicable, prior to such redemption and applied to such redemption of Bonds pursuant to written instructions of the District contained in an Officer's Correspondence. Upon receipt of an Officer's Correspondence instructing the Fiscal Agent to transfer certain moneys representing a Reserve Fund credit for a Prepayment pursuant to the RMA , the Fiscal Agent shall transfer the amount specified in such instructions from the Reserve Fund to the Redemption Fund for the purpose of redeeming Bonds pursuant to such instructions. Whenever the balance in the Reserve Fund and the Bond Fund exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of 60285.00021A8513142.2 23 P400 payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall transfer the amount in the Reserve Fund to the Bond Fund to be applied, on the next succeeding interest payment date, to the payment and redemption, in accordance with Section 2.03A of all of the Outstanding Bonds. In the event that the amount so transferred from the Reserve Fund to the Bond Fund exceeds the amount required to pay and redeem the Outstanding Bonds, the balance in the Reserve Fund shall be transferred to the District to be used for any lawful purpose of the District as set forth in the Act. B. Investment. Moneys in the Reserve Fund shall be invested and deposited by the Fiscal Agent in accordance with Section 6.01 hereof. Interest earnings and profits from such investment and deposit shall be retained in the Reserve Fund to be used for the purposes of such fund. All Authorized Investments in the Reserve Fund shall be valued at their cost at least semi- annually on February 1 and August 1 so long as at lease 25% of the moneys in the Reserve Fund are invested for a period not to exceed two (2) years in length. ARTICLE V OTHER COVENANTS OF THE DISTRICT Section 5.01. Warranty. The District shall preserve and protect the security pledged hereunder to the Bonds against all claims and demands of all persons. Section 5.02. Covenants. So long as any of the Bonds issued hereunder are Outstanding and unpaid, the District makes the covenants set forth herein below in this Article V with the Bondowners under the provisions of the Act and this Fiscal Agent Agreement (to be performed by the District or the City, acting for and on behalf of the District, or its proper officers, agents and employees), which are covenants necessary and desirable to secure the Bonds and tend to make the Bonds more marketable; provided, however, that such covenants do not require the District to expend any funds or moneys other than the Net Special Tax Revenues. Section 5.03. Punctual Payment. The District shall punctually pay or cause to be paid the principal of, and interest and any premium on, the Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds. Section 5.04. Limited Obligation. The Bonds are limited obligations of the District and are payable solely from and secured solely by the Net Special Tax Revenues and the amounts in the Bond Fund and the Special Tax Fund created hereunder. Section 5.05. Payment of Claims. The District will pay and discharge any and all lawful claims for labor, materials, or supplies which, if unpaid, might become a lien or charge upon the Special Tax Revenues or which might otherwise impair the security of the Bonds then Outstanding; provided that nothing herein contained shall require the District to make any such payments so long as the District in good faith shall contest the validity of any such claims. 602x5.00021\8513142.2 24 P401 Section 5.06. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the District shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the District, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have so extended or funded. Section 5.07. Against Encumbrances. The District will not encumber, pledge or place any charge or lien upon any of the Net Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement. Section 5.08. Books and Records. The District will keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the District, in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Bond Fund and the Special Tax Fund and relating to the Special Tax Revenues. Section 5.09. Protection of Security and Rights of Owners. The District will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the District, the Bonds shall be incontestable by the District. Section 5.10. Collection of Special Tax Revenues. The District shall comply with all requirements of the Act so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of delinquent Special Taxes. On or about July 10 of each year, the Treasurer shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current year. 60285.00021A8513142.2 25 P402 The Treasurer shall effect the levy of the Special Taxes each Fiscal Year on the parcels within the District in accordance with the Ordinance, such that the computation of the levy is complete before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the next secured tax roll. Upon the completion of the computation of the amounts of the levy, the Treasurer shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the next secured tax roll. The Special Taxes so levied shall be payable and be collected in the same manner and at the same time and in the same installments as the general taxes on real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property, unless otherwise provided by the District. In the event that the Treasurer determines to levy all or a portion of the Special Taxes by means of direct billing of the property owners of the parcels within the District, the Treasurer shall, not less than forty-five (45) days prior to each Interest Payment Date, send bills to the owners of such real property located within the District subject to the levy of the Special Taxes for Special Taxes in an aggregate amount necessary to meet the financial obligations of the District due on the next Interest Payment Date, said bills to specify that the amounts so levied shall be due and payable not less than thirty (30) days prior to such Interest Payment Date and shall be delinquent if not paid when due. In any event, the Treasurer shall fix and levy the amount of Special Taxes within the District required for the payment of principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing year, an amount necessary to replenish the Reserve Fund pursuant to Section 3.03B.3. and an amount estimated to be sufficient to pay the Administrative Expenses during such year, all in accordance with the RMA and the Ordinance. The Special Taxes so levied shall not exceed the authorized amounts as provided in the proceedings pursuant to the Resolution of Formation. The Treasurer is hereby authorized to employ consultants to assist in computing the levy of the Special Taxes hereunder and any reconciliation of amounts levied to amounts received. The fees and expenses of such consultants and the costs and expenses of the Treasurer (including a charge for City or District staff time) in conducting its duties hereunder shall be an Administrative Expense hereunder. Section 5.11. Further Assurances. The District shall adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the rights and benefits provided in this Agreement. 60285.00021A8513142.2 26 P403 Section 5.12. Tax Covenants. The District covenants that: A. It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of the initial issuance and delivery of the Bonds, would have caused any of the Bonds to be "arbitrage bonds" within the meaning of Section 103(b) and Section 148 of the Code; B. it will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would result in loss of exclusion from gross income for purposes of federal income taxation under Section 103(a) of the Code of interest paid with respect to the Bonds; C. it will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would have caused any of the Bonds to be "private activity bonds" within the meaning of Section 141 of the Code; D. It will comply with the Rebate Certificate as a source of guidance for achieving compliance with the Code; and E. In order to maintain the exclusion from gross income for purposes of federal income taxation of interest paid with respect to the Bonds, it will comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Code. The covenants of the District contained in this Section 5.12 shall survive the payment or the redemption of the Bonds pursuant to Section 2.03 hereto. Section 5.13. Covenant to Foreclose. On or before March 1 and June 1 of each Fiscal year, the District will review the public records of the County in connection with the Special Taxes levied in such Fiscal Year to determine the amount of Special Taxes actually collected in such Fiscal Year. If the District determines that any parcel subject to the Special Taxes is delinquent in the payment of two or more installments of Special Taxes, the City shall, not later than forty-five (45) days of such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment thereof) to the property owner. The City shall cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than ninety (90) days of such determination against any parcel for which a notice of delinquency was given pursuant to this section and for which the Special Taxes remain delinquent. The City Attorney is hereby authorized to employ counsel to conduct any such foreclosure proceedings. The fees and expenses of any such counsel and costs and expenses of the City Attorney (including a charge for City or District staff time) in conducting foreclosure proceedings shall be an Administrative Expense hereunder. Notwithstanding any provision of the Act or other law of the State to the contrary, in connection with any foreclosure related to delinquent Special Taxes: 60285.00021\8513142.2 27 P404 A. The City, or the Fiscal Agent, is hereby expressly authorized to credit bid at any foreclosure sale, without any requirement that funds be placed in the Bond Fund or otherwise be set aside in the amount of such credit bid, in the amount specified in Section 53356.5 of the Act or such lesser amount as determined under B. below or otherwise under Section 53356.6 of the Act. B. The City may permit property with delinquent Special Tax payments to be sold for less than the amount specified in Section 53356.5 of the Act, if it determines that such sale is in the interest of the Bond Owners. The Bond Owners, by their acceptance of the Bonds, hereby consent to such sale for such lesser amounts (as such consent is described in Section 53356.6 of the Act), and hereby release the City, its officers and its agents from any liability in connection therewith. C. The City is hereby expressly authorized to use amounts in the Administrative Expense Fund to pay costs of foreclosure of delinquent Special Taxes. D. The City may forgive all or any portion of the Special Taxes levied or to be levied on any parcel in the District, so long as the City determines that such forgiveness is not expected to adversely affect its obligation to pay principal of and interest on the Bonds. Section 5.14. Annual Reports to CDIAC. Not later than October 30 of each year, commencing October 30, 2014, and until the October 30 following the final maturity of the Bonds, the Treasurer shall supply the information required by Section 53359.5(b) or (c) of the Act to CDIAC (on such forms as CDIAC may specify) and the Original Purchaser. Section 5.15. Annual Reporting Requirements to Original Purchaser. On or before each March 31 of each year, the District shall provide to the Original Purchaser copies of the audited financial statements, along with the following information: (a) the amount of Bonds outstanding (as of January 1); (b) the balance in each fund administered by this Fiscal Agent Agreement (as of January 1); (c) a summary of special taxes levied within the District and an update of the assessed value within the District; (d) a summary of any changes to the Rate or method of apportionment of special taxes approved or submitted to the electors for approval pier to the annual report; (e)the status of foreclosure action being pursued by the District with respect to special taxes; (0 the delinquency rate for the special taxes for the preceding fiscal year and the identity of any property owner whose delinquent special taxes represented more than 5% of the amount levied and assessed value to lien ratios of such delinquent properties; (g) any additional information provided to California Debt and Investment Advisory pursuant to Section 5.14 and not otherwise provided to the Original Purchaser. Such information shall be updated on each September 30 with unaudited financial information. The District shall further provide to the Original Purchaser: (a) within three (3) Business Days after the District obtains knowledge thereof, notice by telephone, promptly confirmed in writing, of any event that constitutes an Event of Default under this Fiscal Agent Agreement, together with a statement by an Authorized Representative of the District of the steps being taken by the District to cure such Event of Default; (b) within ten (10) days after the District obtains knowledge thereof, written notice of any Material Adverse Effect; and (c) within ten (10) days after receipt of request therefor by the Original Purchaser, updates, if any, of the information described in Section 5.14 of this Fiscal Agent Agreement. 60285.00021A8513142.2 28 P405 Section 5.16. Public Access to Facilities. The City and the District shall provide or cause to be provided access to members of the general public to all portions of the Project financed with the proceeds of the Prior Special Tax Bonds. Said access shall not grant priority to any one person over that of another person. Section 5.17. Modification of Maximum Authorized Special Tax. The District, to the maximum extent that the law permits it to do so, covenants that no modification of the minimum or maximum authorized Special Tax shall be approved by the District nor shall the District take any other action which would (i) prohibit the District from levying the Special Tax within the District in any Fiscal Year at such a rate as would generate Net Special Tax Revenues in such Fiscal Year at least equal to 110% of Annual Debt Service on all Bonds then Outstanding; (ii) discontinue or cause the discontinuance of such levy; or (iii) permit the prepayment of the Special Tax except as permitted pursuant to the the RMA. Section 5.18. Covenant to Defend. The District covenants, in the event that any initiative is adopted by the qualified electors in the District which purports to reduce the minimum or the maximum Special Tax below the levels specified in Section 5.17 above or to limit the power of the District to levy the Special Taxes within the District for the purposes set forth in Section 5.10 above, it will commence and pursue legal action in order to preserve its ability to comply with such covenants. ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE DISTRICT Section 6.01. Deposit and Investment of Moneys in Funds. Moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Officer's Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer's Certificate, the Fiscal Agent shall invest any such moneys in Permitted Investments described in clause B(5) of the definition thereof to the extent practicable which by their terms mature prior to the date on which such moneys are required to be paid out hereunder, or are held uninvested. The Treasurer shall make note of any investment of funds hereunder in excess of the yield on the Bonds, so that appropriate actions can be taken to assure compliance with Section 5.10. Moneys in any fund or account created or established by this Agreement and held by the Treasurer shall be invested by the Treasurer in Permitted Investments, which in any event by their terms mature prior to the date on which such moneys are required to be paid out hereunder. Obligations purchased as an investment of moneys in any fund shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of interest earnings and profits resulting from investment of amounts in funds and accounts. Whenever in this Agreement any moneys are required to be transferred by the District to the Fiscal Agent, such transfer may be accomplished by transferring a like amount of Permitted Investments. 60285.00021\8513142.2 29 P4O6 The Fiscal Agent or an affiliate or the Treasurer may act as principal or agent in the acquisition or disposition of any investment and shall be entitled to its customary fee therefor. Neither the Fiscal Agent nor the Treasurer shall incur any liability for losses arising from any investments made pursuant to this Section. For purposes of determining the amount on deposit in any fund or account held hereunder, all Permitted Investments or investments credited to such fund or account shall be valued at provided for in Exhibit C attached hereto. Except as otherwise provided in the next sentence, all investments of amounts deposited in any fund or account created by or pursuant to this Agreement, or otherwise containing gross proceeds of the Bonds (within the meaning of section 148 of the Code) shall be acquired, disposed of, and valued (as of the date that valuation is required by this Agreement or the Code) at Fair Market Value. Investments in funds or accounts (or portions thereof) that are subject to a yield restriction under the applicable provisions of the Code shall be valued at their present value (within the meaning of section 148 of the Code). The Fiscal Agent shall not be liable for verification of the application of such sections of the Code. Investments in any and all funds and accounts may be commingled in a separate fund or funds for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent or the Treasurer hereunder, provided that the Fiscal Agent or the Treasurer, as applicable, shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. The Fiscal Agent or the Treasurer, as applicable, shall sell at the highest price reasonably obtainable, or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited and neither the Fiscal Agent nor the Treasurer shall be liable or responsible for any loss resulting from the acquisition or disposition of such investment security in accordance herewith. Section 6.02. Rebate Fund; Rebate to the United States. There is hereby created, to be held by the Fiscal Agent, as a separate fund distinct from all other funds and accounts held by the Fiscal Agent under this Agreement, the Rebate Fund. The Fiscal Agent shall, in accordance with written directions received from an Authorized Officer, deposit into the Rebate Fund moneys transferred by the District to the Fiscal Agent pursuant to the Rebate Certificate or moneys transferred by the Fiscal Agent from the Bond Fund. The Rebate Fund shall be held either uninvested or invested only in Federal Securities at the written direction of the District. Moneys on deposit in the Rebate Fund shall be applied only to payments made to the United States, to the extent such payments are required by the Rebate Certificate. The Fiscal Agent shall, upon written request and direction of the District, make such payments to the United States. The Fiscal Agent's sole responsibilities under this Section 6.02 are to follow the written instructions of the District pertaining hereto. The District shall be responsible for any fees and expenses incurred by the Fiscal Agent pursuant to this Section 6.02. 6028500021\8513142.2 30 P407 The Fiscal Agent shall, upon written request and direction from the District, transfer to or upon the order of the District any moneys on deposit in the Rebate Fund in excess of the amount, if any, required to be maintained or held therein in accordance with the Rebate Certificate. Section 6.03. Limited Obligation. The District's obligations hereunder are limited obligations of the District and are payable solely from and secured solely by the Net Special Tax Revenues and the amounts in the Special Tax Fund and the Bond Fund. Section 6.04. Liability of District. The District shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The District shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The District shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants, or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds, or as to the existence of a default or event of default thereunder. In the absence of bad faith, the District, including the Treasurer, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the District and conforming to the requirements of this Agreement. The District, including the Treasurer, shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the District to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Net Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The District may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The District may consult with counsel, who may be the City Attorney, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The District shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the District shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the District, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent, and such certificate shall 60285.00021\8513142.2 31 P408 be full warrant to the District for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the District niay, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.05. Employment of Agents by District or the City. In order to perform their respective duties and obligations hereunder, the City, the District and/or the Treasurer may employ such persons or entities as they deem necessary or advisable. The City, the District, and/or the Treasurer shall not be liable for any of the acts or omissions of such persons or entities employed by them in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. ARTICLE VII EVENTS OF DEFAULT AND REMEDIES OF BOND OWNERS Section 7.01. Events of Default. The following events shall be Events of Default: A. Failure to pay any installment of principal of any Bonds when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption or otherwise. B. Failure to pay any installment of interest on any Bonds when and as the same shall become due and payable. C. Failure by the District to observe and perform any of the other covenants, agreements, or conditions on its part in this Agreement or in the Bonds contained, if such failure shall have continued for a period of 60 days after written notice thereof, specifying such failure and requiring the same to be remedied, shall have been given to the District by the Fiscal Agent or the Owners of not less than 25% in aggregate principal amount of the Bonds at the time Outstanding; provided, however, if in the reasonable opinion of the District the failure stated in the notice can be corrected, but not within such 60-day period, such failure shall not constitute an Event of Default if corrective action is instituted by the District within such 60-day period and the District shall thereafter diligently and in good faith cure such failure in a reasonable period of time. D. Commencement by the District of a voluntary case under Title 11 of the United States Code or any substitute or successor statute. Section 7.02. Remedies of Bond Owners. Subject to the provisions of Section 7.07, any Bond Owner shall have the right, for the equal benefit and protection of all Bond Owners similarly situated: A. by mandamus, suit, action or proceeding, to compel the City and its officers, agents or employees to perform each and every term, provision and covenant contained in this 60285.00021A8513142.2 32 P409 Agreement and in the Bonds, and to require the carrying out of any or all such covenants and agreements of the City and the fulfillment of all duties imposed upon it by the Act; B. by suit, action or proceeding in equity, to enjoin any acts or things which are unlawful, or the violation of any of the Bond Owners' rights; or C. upon the happening of any Event of Default, by suit, action or proceeding in any court of competent jurisdiction, to require the City and its officers and employees to account as if it and they were the trustees of an express trust. Section 7.03. Application of Special Taxes and Other Funds After Default. If an Event of Default shall occur and be continuing, all Special Taxes, including any penalties, costs, fees and other charges accruing under the Act, and any other funds then held or thereafter received by the Fiscal Agent under any of the provisions of this Agreement shall be applied by the Fiscal Agent as follows and in the following order: A. To the payment of any expenses necessary in the opinion of the Fiscal Agent to protect the interests of the Owners of the Bonds and payment of reasonable fees, charges, and expenses of the Fiscal Agent (including reasonable fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Agreement; B. To the payment of the principal of and interest then due with respect to the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Agreement, as follows: First: To the payment to the Persons entitled thereto of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, to the Persons entitled thereto, without any discrimination or preference; and Second: To the payment to the Persons entitled thereto of the unpaid principal of any Bonds which shall have become due, whether at maturity or by call for redemption, with interest on the overdue principal at the rate borne by the respective Bonds on the date of maturity or redemption, and, if the amount available shall not be sufficient to pay in full all the Bonds, together with such interest, then to the payment thereof ratably, according to the amounts of principal due on such date to the Persons entitled thereto, without any discrimination or preference. C. Any remaining funds shall be transferred by the Fiscal Agent to the Bond Fund. D. Upon occurrence of any Event of Default, by suit, action, or proceeding, in law or in equity as may be necessary or desirable to collect amounts due hereunder. Section 7.04. Absolute Obligation of the District. Nothing in Section 7.08 or in any other provision of this Agreement or in the Bonds contained shall affect or impair the obligation of the District, which is absolute and unconditional, to pay the principal of and interest on the Bonds to the respective Owners of the Bonds at their respective dates of maturity, or upon call 60285 00021\8513142 2 33 P410 for redemption, as herein provided, but only out of' the Net Special Tax Revenues and other moneys herein pledged therefor and received by the District or the Fiscal Agent, or affect or impair the right of such Owners, which is also absolute and unconditional, to enforce such payment by virtue of the contract embodied in the Bonds. Section 7.05. Termination of Proceedings. In case any proceedings taken by any one or more Bond Owners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Bond Owners, then in every such case the District, and the Bond Owners, subject to any determination in such proceedings, shall be restored to their former positions and rights hereunder, severally and respectively, and all rights, remedies, powers and duties of the City, and the Bond Owners shall continue as though no such proceedings had been taken. Section 7.06. Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Fiscal Agent or to the Owners of the Bonds is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise. Section 7.07. No Waiver of Default. No delay or omission of any Owner of the Bonds to exercise any right or power arising upon the occurrence of any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Agreement to the Owners of the Bonds may be exercised from time to time and as often as may be deemed expedient. Section 7.08. Attorney's Fees. If the District defaults under any of the provisions hereof and any Original Purchaser employs attorneys (including in-house counsel) or incurs other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the District herein contained, the District will on demand therefor pay to such Original Purchaser the reasonable fees of such attorneys (including those of in-house counsel) and such other expenses so incurred by such Original Purchaser. ARTICLE VIII THE FISCAL AGENT Section 8.01. Appointment of Fiscal Agent. Wells Fargo Bank, National Association, is hereby appointed Fiscal Agent and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section, shall be the successor to such Fiscal Agent without the 60285.00021\8513142.2 34 P411 execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The District may remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least Seventy-Five Million Dollars ($75,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 8.01, combined capital 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 notice by mail of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section within forty-five (45) days after the Fiscal Agent shall have given to the District written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent or any Bondowner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. If, by reason of the judgment of any court, the Fiscal Agent is rendered unable to perform its duties hereunder, all such duties and all of the rights and powers of the Fiscal Agent hereunder shall be assumed by and vest in the Treasurer of the City in trust for the benefit of the Owners. The District covenants for the direct benefit of the Owners that the Treasurer in such case shall be vested with all of the rights and powers of the Fiscal Agent hereunder, and shall assume all of the responsibilities and perform all of the duties of the Fiscal Agent hereunder, in trust for the benefit of the Owners of the Bonds. Section 8.02. Liability of Fiscal Agent. The recitals of facts, covenants, and agreements herein and in the Bonds contained shall be taken as statements, covenants, and agreements of the District, and the Fiscal Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, nor shall incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions 60285 00021\8513142.2 35 P412 furnished to the Fiscal Agent and conforming to the requirements of this Agreement; but in the case of any such certificates or opinions by which any provision hereof are specifically required to be furnished to the Fiscal Agent, the Fiscal Agent shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants, or agreements of the City or the District herein or of any of the documents executed by the City or the District in connection with the Bonds, or as to the existence of a default or event of default thereunder. The Fiscal Agent shall not be liable for any error of judgment made in good faith by a responsible officer unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Fiscal Agent may become the Owner of the Bonds with the same rights it would • have if it were not the Fiscal Agent. All indemnifications and releases from liability granted to the Fiscal Agent hereunder shall extend to the directors, officers, and employees of the Fiscal Agent. Section 8.03. Information. The Fiscal Agent shall provide to the District such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the District shall reasonably request, including, but not limited to, quarterly statements reporting funds held and transactions by the Fiscal Agent. Section 8.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, 60285 00021\8513142.2 36 P413 certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Fiscal Agent may consult with counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. The Fiscal Agent shall not be bound to recognize any person as the Owner of a Bond unless and until such Bond is submitted for inspection, if required, and his title thereto satisfactorily established, if disputed. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of the District, and such certificate shall be full warrant to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may deem reasonable. Section 8.05. Compensation, Indemnification. The District shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, counsel fees, and other disbursements, including those of their attorneys, agents and employees, incurred in and about the performance of their powers and duties under this Agreement, but the Fiscal Agent shall not have a lien therefor on any funds at any time held by it under this Agreement. The District further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents harmless against any liabilities which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the District under this Section shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agreement, but any monetary obligation of the District arising under this Section shall be limited solely to amounts on deposit in the Local Refunding Obligation Administrative Expense Fund. ARTICLE IX MODIFICATION OR AMENDMENT OF THIS AGREEMENT Section 9.01. Amendments Permitted. This Agreement and the rights and obligations of the District and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of the Owners, or with the written consent without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 9.04. No such modification or amendment shall (i) extend the maturity of any Bond or reduce the interest rate thereon, or otherwise alter or impair the obligation of the District to pay the principal of, and the interest and any premium on, any Bond, without the express consent of 60285.00021\8513142.2 37 P414 the Owner of such Bond; or (ii) permit the creation by the District of any pledge or lien upon the Special Taxes superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California or this Agreement), or reduce the percentage of Bonds required for the amendment hereof. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. This Agreement and the rights and obligations of the District and of the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (i) to add to the covenants and agreements of the District in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the District; (ii) to make modifications not adversely affecting any Outstanding Bonds of the District in any material respect; (iii) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting, or supplementing any defective provision contained in this Agreement, or in regard to questions arising under this Agreement, as the District and the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners of the Bonds; (iv) to make such additions, deletions, or modifications as may be necessary or desirable to assure the exclusion from gross income for federal income tax purposes of interest on the Bonds. Section 9.02. Owners' Meetings. The District may at any time call a meeting of the Owners. In such event the District is authorized to fix the time and place of said meeting and to provide for the giving of notice thereof, and to fix and adopt rules and regulations for the conduct of said meeting. Section 9.03. Procedure for Amendment with Written Consent of Owners. The District and the Fiscal Agent may at any time adopt a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 9.01, to take effect when and as provided in this Section. A copy of such Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of such Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consent of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 9.04 and a notice shall have been mailed as hereinafter in this Section provided. Each 60285.00021\8513142.2 38 P415 such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 11.04. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the District shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the papers required by this Section 9.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article) upon the District and the Owners of all Bonds at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty-day period. Section 9.04. Disqualified Bonds. Bonds owned or held for the account of the City or the District, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article IX, and shall not be entitled to vote upon, consent to, or take any other action provided for in this Article IX. Section 9.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article IX, this Agreement shall be deemed to be modified and amended in accordance therewith, the respective rights, duties and obligations under this Agreement of the District and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 9.06. Endorsement or Replacement of Bonds Issued After Amendments. The District may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article IX shall bear a notation, by endorsement or otherwise, in form approved by the District, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the District may select and designate for that purpose, a suitable notation shall be made on such Bond. The District may determine that new Bonds, so modified as in the opinion of the District is necessary to conform to such Owners' 60285.00021\8513142.2 39 P416 action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for Bonds then Outstanding, upon surrender of such Bonds. Section 9.07. Amendatory Endorsement of Bonds. The provisions of this Article IX shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. ARTICLE X MISCELLANEOUS Section 10.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the District, the City, the Fiscal Agent, and the Owners, any right, remedy, claim under or by reason of this Agreement. Any covenants, stipulations, promises, or agreements in this Agreement contained by and on behalf of the District shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 10.02. Cancellation of Bonds. All Bonds surrendered to the Fiscal Agent for payment upon maturity or for redemption shall be upon payment therefor, and any Bond purchased by the District as authorized herein and delivered to the Fiscal Agent for such purpose shall be, cancelled forthwith and shall not be reissued. The Fiscal Agent shall destroy such Bonds, as provided by law, and, upon request of the District, furnish to the District a certificate of such destruction. Section 10.03. Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the District or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the District or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 10.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration, or other instrument which this Agreement may require or permit to be executed by the Owners may be in one or more instruments of similar tenor, and shall be executed by the Owners in person or by their attorneys appointed in writing. 60285 00021\8513142 2 40 P417 Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the District or the Fiscal Agent in good faith and in accordance therewith. Section 10.05. Waiver of Personal Liability. No member, officer, agent or employee of the District or the City shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 10.06. Notices to and Demands on District and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the District may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the District with the Fiscal Agent) as follows: City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: City Manager Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the District to or on the Fiscal Agent may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Fiscal Agent with the District) as follows: Wells Fargo Bank, National Association 707 Wilshire Blvd. 17th Floor Los Angeles, CA 90017 Attention: Corporate Trust Department 60285.00021\8513142.2 41 P418 Section 10.07. Partial Invalidity. If any Section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The District hereby declares that it would have adopted this Agreement and each and every other Section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more Sections, paragraphs, sentences, clauses, or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 10.08. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payments of such principal, interest and premium have become payable, if such moneys were held by the Fiscal Agent at such date, shall be repaid by the Fiscal Agent to the District as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Bond Owners shall look only to the District for the payment of the principal of, and interest and any premium on, such Bonds. Section 10.09. Provisions Constitute Contract. The provisions of this Agreement shall constitute a contract between the District and the Bondowners and the provisions hereof shall be construed in accordance with the laws of the State of California. In case any suit, action, or proceeding to enforce any right or exercise any remedy shall be brought or taken and, should said suit, action, or proceeding be abandoned, or be determined adversely to the Bondowners or the Fiscal Agent, then the District, the Fiscal Agent, and the Bondowners shall be restored to their former positions rights and remedies as if such suit, action, or proceeding had not been brought or taken. After the issuance and delivery of the Bonds this Agreement shall be irrepealable, but shall be subject to modifications to the extent and in the manner provided in this Agreement, but to no greater extent and in no other manner. Section 10.10. Future Contracts. Nothing herein contained shall be deemed to restrict or prohibit the District from making contracts or creating bonded or other indebtedness payable from a pledge of the Net Special Tax Revenues which is subordinate to the pledge hereunder, or which is payable from taxes or any source other than the Net Special Tax Revenues and other amounts pledged hereunder. Section 10.11. Further Assurances. The District will adopt, make, execute, and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for the better assuring and confirming unto the Owners of the Bonds the rights and benefits provided in this Agreement. Section 10.12. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. 60285.00021A8513142.2 42 P419 Section 10.13. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 10.14. Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. Section 10.15. Payment on Business Day. In any case where the date of the maturity of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption of any Bonds or the date any action is to be taken pursuant to this Agreement is other than a Business Day, the payment of interest or principal (and premium, if any) or the action need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required and no interest shall accrue for the period after such date. Section 10.16. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. ARTICLE XI DOCUMENTS TO BE DELIVERED AT CLOSING Section 11.01. Documents to be Delivered at Closing. On or prior to the Closing Date, each of the District, the Fiscal Agent, and the Original Purchaser shall receive one copy of each of the following documents relating to the authorization and issuance of the Bonds: Section 11.02. Final Opinion of Bond Counsel. The final opinion of Bond Counsel, dated the Closing Date, substantially in the form set forth in the Form of Bond attached as in Exhibit B hereto, together with a letter dated the Closing Date and addressed to each of the Fiscal Agent and the Original Purchaser authorizing the Original Purchaser to rely on said opinion. Section 11.03. Supplemental Opinion of Bond Counsel. A supplemental opinion of Bond Counsel, dated the Closing Date, addressed to the Fiscal Agent and the Original Purchaser to the effect that: A. the District is a community facilities district duly organized and existing under the Constitution and laws of the State of California; B. the District has full legal power and lawful authority to enter into this Fiscal Agent Agreement, the Escrow Agreement, and the Bonds (collectively the "District Documents") and carry out the transactions contemplated under the District Documents; and C. the District Documents have been duly authorized, executed, and delivered by the District and constitute the legal, valid, and binding obligations of the District enforceable against the District in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium, and other similar laws affecting creditors' rights, to the application 60285.00021\8513142.2 43 P420 of equitable principles where equitable remedies are sought, and to the exercise of judicial discretion in appropriate cases. Section 11.04. Defeasance Opinion of Bond Counsel. A defeasance opinion of Bond Counsel, dated the Closing Date, with respect to the Prior Special Tax Bonds. Section 11.05. Opinion of City Attorney. An opinion of the City Attorney of the City on behalf of the District, dated the Closing Date and addressed to the Fiscal Agent and the Original Purchaser to the effect that: A. the resolution approving the issuance of the Bonds has been duly adopted at a meeting of the City Council, acting as the legislative body of the District, which meeting was called and held pursuant to law with all public notice required by law and at which a quorum was • present and acting throughout and such resolution is in full force and effect and has not been modified, amended, or rescinded; B. to the best knowledge of such counsel, there is no action, suit, proceeding, or investigation before or by any court, public board, or body pending (notice of which has been served on and received by the District) or threatened in writing against the District, challenging the creation, organization, existence, or powers of the District or the titles of its members and officers to their respective offices, seeking to restrain or enjoin the repayment of the Bonds, in any way contesting or challenging the validity of the District Documents or the authority of the District to enter into or perform its obligations under any of the District Documents, questioning the right of the District to use the Special Taxes levied within the District for repayment of the Bonds or the right or ability of the District to collect or pledge the Special Taxes levied within the District, or wherein an unfavorable decision, ruling, or finding would materially adversely affect the right of the District to use the Special Taxes levied within the District for repayment of the Bonds or the right or ability of the District to collect or pledge the Special Taxes levied within the District; and C. to the best knowledge of such counsel, the execution and delivery of the District Documents and compliance with the provisions thereof under the circumstances contemplated thereby, (a) do not in any material respect conflict with or constitute on the part of the District a breach of or default under any agreement or other instrument to which the District is a party or by which it is bound, and (b) do not and will not in any material respect constitute on the part of the District a violation, breach of, or default under any court order or consent decree to which the District is subject. Section 11.06. Opinion of Counsel to the Escrow Bank and Fiscal Agent. An opinion of counsel to the Escrow Bank and the Fiscal Agent (the "Bank"), dated the Closing Date, and addressed to the District and the Original Purchaser to the effect that: A. the Bank is a national banking association, duly organized and validly existing under the laws of the United States, having full power to enter into and perform its obligations under the Fiscal Agent Agreement, and the Escrow Agreement (collectively, the "Bank Agreements"); 60285.00021\8513142.2 44 P421 B. assuming due execution by the other parties thereto, the Bank Agreements have been duly authorized, executed, and delivered by the Bank and constitute the legal, valid, and binding obligations of the Bank enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, or other laws affecting the enforcement of creditors' rights generally and by the application of equitable principles, if equitable remedies are sought; C. no consent, approval, authorization, or other action by any governmental or regulatory authority having jurisdiction over the Bank that has not been obtained is or will be required for the execution and delivery of the Bank Agreements or the consummation of the transactions contemplated by the Bank Agreements; and D. to the best knowledge of the Bank after due inquiry, the execution and delivery by the Bank of the Bank Agreements and compliance with the terms thereof 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 instrument to which the Bank is a party or by which it is bound, or any law or any rule, regulation, order, or decree of any court or governmental agency or body having jurisdiction over the Bank or any of its activities or properties (except that no representation, warranty, or agreement is made by the Bank with respect to any federal or state securities or blue sky laws or regulations). Section 1 1.07. District Certificate. A certificate of the District, dated the Closing Date and signed by an authorized official of District, to the effect that: A. the District is a community facilities district, duly organized and validly existing under the Constitution and laws of the State, with full right, power, and authority to enter into the District Documents, adopt the resolution authorizing the issuance of the Bonds and the entering into the District Documents and to take all other actions on the part of the District relating thereto, issue, sell, and deliver the Bonds to the Original Purchaser, and carry out and consummate the transactions on its part contemplated by the District Documents; B. by all necessary official action of the City Council, as the legislative body of the District, the District has duly authorized and approved the execution and delivery by the District of, and the performance by the District of the obligations on its part contained in, the District Documents and, as of the Closing Date, such authorizations and approvals are in full force and effect and have not been amended, modified, or rescinded. When executed and delivered by the parties thereto, the District Documents will constitute the legally valid and binding obligations of the District enforceable upon the District in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium, or similar laws or equitable principles relating to or affecting creditors' rights generally; C. the Special Taxes have been duly and lawfully levied under and pursuant to the provisions of the Act; and the Special Taxes constitute a valid and legally binding lien on land in the District. The Special Taxes are not subject to repeal or reduction by action of the City Council if the effect thereof would interfere with the timely payment of the principal of and interest on the Bonds; 60285.00021\8513142.2 45 P422 D. as of the Closing Date, the District is not, in any material respect, in breach of or in default under any applicable constitutional provision, law, or administrative rule or regulation of the State or the United States, or any applicable judgment or decree or any trust agreement, loan agreement, bond, note, resolution, ordinance, agreement, or other instrument to which the District is a party or is otherwise subject, and no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach, default, or event could have a materially adverse effect on the District's ability to perform its obligations under the District Documents; and, as of the Closing Date, the authorization, execution, and delivery of the District Documents and compliance by the District with the provisions of each of such agreements or instruments does not and will not, in any material respect, conflict with or constitute a breach of or default under any applicable constitutional provision, law, or administrative rule or regulation of the State or the United States, or any applicable judgment, decree, license, permit, trust agreement, loan agreement, bond, note, resolution, ordinance, agreement, or other instrument to which the District (or any of its officers in their respective capacities as such) is subject, or by which it or any of its properties is bound, nor will any such authorization, execution, delivery, or compliance result in the creation or imposition of any lien, charge, or other security interest or encumbrance of any nature whatsoever upon any of its assets or properties or under the terms of any such law, regulation or instrument, except as may be provided by the District Documents; E. as of the Closing Date, there is no action, suit, proceeding, inquiry, or investigation, at law or in equity, before or by any court, government agency, public board, or body (collectively and individually, an "Action") pending (notice of which has been served on and received the District) or, to the best knowledge of the District, threatened, in which any such Action (i) in any way questions the corporate existence of the District or the titles of the officers of the District to their respective offices; (ii) affects, contests, or seeks to prohibit, restrain, or enjoin the issuance or delivery of the Bonds or the payment or collection of installments of the Special Taxes or any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contests or affects the validity of the District Documents or the consummation of the transactions on the part of the District contemplated thereby; or (iii) contests the exemption of interest on the Bonds from State income taxation or contests the powers of District which may result in any material adverse change relating to the financial condition of the District; and, as of the Closing Date, and to the best knowledge of the District, there is no basis for any Action of the nature described in clauses (i) through (iii) of this paragraph; F. the Bonds, when issued, executed, and delivered in accordance with this Fiscal Agent Agreement, will be validly issued and outstanding limited obligations of the District, entitled to the benefits of this Fiscal Agent Agreement. This Fiscal Agent Agreement creates a valid pledge of the monies in certain funds and accounts established pursuant thereto, subject in all cases to the provisions of this Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth herein; and G. all authorizations, approvals, licenses, permits, consents, elections, and orders of or filings with any governmental authority, legislative body, board, agency, or commission having jurisdiction in the matters which are required by the Closing Date for the due authorization of, or which would constitute a condition precedent to, or the absence of which 60285.00021\8513142.2 46 P423 would materially adversely affect the due performance by the District of, its obligations in connection with the District Documents have been duly obtained or made and are in full force and effect. Section 11.08. Bank's Certificate. A certificate of the Bank, dated the Closing Date, to the following effect: A. the Bank is duly organized and existing as a national banking association in good standing under the laws of the United States, having the full power and authority to accept and perform its duties under the Bank Agreements; B. the Bank Agreements have been duly authorized, executed, and delivered by the Bank and constitute the legal, valid, and binding obligations of the Bank enforceable in accordance with their respective terms, except as enforcement thereof may be limited by bankruptcy, insolvency, or other laws affecting enforcement of creditors rights, or by the application of equitable principles if equitable remedies are sought; C. the Bank is duly authorized to accept the obligations created by the Bank Agreements, and to authenticate the Bonds pursuant to the terms of this Fiscal Agent Agreement; and to authenticate the Bonds pursuant to the terms of the Fiscal Agent Agreement; D. the Bonds have been duly authenticated pursuant to the terms of this Fiscal Agent Agreement; E. to the best knowledge of the Bank, after due inquiry, there is no action, suit, proceeding, or investigation, at law or in equity, before or by any court or governmental agency, public board or body pending against the Bank or threatened against the Bank which in the reasonable judgment of the Bank would affect the existence of the Bank or in any way contesting or affecting the validity or enforceability of the Bank Agreements or contesting the powers of the Bank or its authority to enter into and perform its obligations under the Bank Agreements; and F. no consent, approval, authorization, or other action by any governmental or regulatory authority having jurisdiction over the Bank that has not been obtained is or will be required for the authentication of the Bonds or the consummation by the Bank of the other transactions contemplated to be performed by the Bank in connection with the authentication of the Bonds and the acceptance and performance by the Bank of the obligations created by the Bank Agreements. Section 11.09. Verification Letter. A letter addressed to the District, dated on or before the Closing Date, from Causey, Demgen & Moore Inc., Denver, Colorado (the "Verification Agent"), verifying the accuracy of the mathematical computations concerning the adequacy of the moneys to be deposited with the Escrow Bank in the Escrow Fund under the Escrow Agreement to pay when due pursuant to the stated maturity or call for redemption the principal of and interest and premium with respect to the Prior Special Tax Bonds. 60285.00021A8513142.2 47 P424 Section 11.10. Resolutions. Copies of the resolution adopted by the City Council, as the legislative body of the District, authorizing the issuance of the Bonds, certified by the City Clerk of the City and the authorizing resolutions of the Bank; Section 11.11. CDIAC Statements. Copies of the statements with respect to the sale of the Bonds required to be delivered to the California Debt and Investment Advisory Committee pursuant to Sections 53583 and 8855 of the California Government Code; Section 11.12. Form 8038-C. Evidence that the federal tax information form 8038-G has been prepared by Bond Counsel for filing; Section 11.13. Tax Certificate. The Tax Certificate of the District, in form satisfactory to Bond Counsel, signed by an appropriate officer of the District; and Section 11.14. Additional Documents. Such additional legal opinions, certificates, instruments, and other documents as Bond Counsel or the Original Purchaser may reasonably deem necessary. Remainder of this page intentionally left blank.] • 60285.00021A8513142.2 48 P425 IN WITNESS WHEREOF, the District has caused this Agreement pertaining to the Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 to be executed in its name and the Fiscal Agent has caused this Agreement to be executed in its name, all as of February , 2014. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) By: City Manager WELLS FARGO BANK, NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer Acknowledged and Agreed to by: WAB INVESTMENTS, INC. By: Name: • Title: S - 1 60285.00021\8513142.2 P426 EXHIBIT A FORM OF BOND No. $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) SPECIAL TAX REFUNDING BONDS, SERIES 2014 THIS BOND MAY ONLY BE TRANSFERRED TO AN "ACCREDITED INVESTOR" WITHIN THE MEANING OF REGULATION D UNDER THE SECURITIES ACT OF 1933, AS AMENDED, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT. MATURITY DATE DATED DATE INTEREST RATE September 1, 2036 February_, 2014 REGISTERED OWNER: WAB INVESTMENTS, INC. PRINCIPAL AMOUNT: DOLLARS The City of Rancho Cucamonga (the "City") for and on behalf of the City of Rancho Cucamonga • Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District"), for value received, hereby promises to pay solely from Net Special Tax Revenues (as defined in the Agreement) to be collected within the District or amounts in the funds and accounts held under the Agreement (as hereinafter defined), to the registered owner,(the "Owner") named above, or registered assigns, on the maturity date set forth above, unless redeemed prior thereto as hereinafter provided, the principal amount set forth above, and to pay interest on such principal amount from the Dated Date, or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually five (5) days prior to each September 1 and March 1, commencing September 1, 2014 (each an "Interest Payment Date"), at the interest rate set forth above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable to the registered Owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the office of Wells Fargo Bank, National Association (the "Fiscal Agent"). Interest on the Bonds (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Fiscal Agent mailed at least five (5) days preceding the Interest Payment Dates by first class mail to the registered Owner thereof at such registered Owner's address as it appears on the registration A - 1 60285.00021\8513142.2 P427 books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date, or by wire transfer made on such Interest Payment Date upon instructions of any Owner of$1,000,000 or more in aggregate principal amount of Bonds. This Bond is one of a duly authorized issue of bonds in the aggregate principal amount of $ .00 pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Sections 53311, et seq., of the California Government Code (the "Mello-Roos Act") and designated the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014. The Bonds have been issued for the purpose of refunding the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds (the "Prior Special Tax Bonds"). The issuance of the Bonds and the terms and conditions thereof are provided for by the Fiscal Agent Agreement, dated as of January 1, 2014 (the "Agreement"), by and between the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) and the Fiscal Agent and this reference incorporates the Agreement herein, and by acceptance hereof the Owner of this Bond assents to said terms and conditions. Capitalized terms used herein shall have the meanings ascribed to such terms in the Agreement unless otherwise specified herein. Pursuant to the Mello-Roos Act and the Agreement, the principal of and interest on this Bond are payable solely from Net Special Tax Revenues of the annual special tax authorized under the Mello-Roos Act to be collected within the District (the "Special Tax") and certain funds held under the Agreement. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such date of authentication; or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date; or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from the Closing Date; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon. Any tax for the payment hereof shall be limited to the Special Tax, except to the extent that provision for payment has been made by the City, as may be permitted by law. The Bonds do not constitute obligations of the City of Rancho Cucamonga for which said City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than described hereinabove. The District has covenanted for the benefit of the Owners of the Bonds that it will order, and cause to be commenced as provided in the Agreement, and thereafter diligently prosecute to judgment, an action in the superior court to foreclose the lien of any Special Tax or installment thereof not paid when due. The Bonds or any portion of the principal thereof, in the principal amount of $100,000 or any integral multiple of $5,000 in excess thereof, may be redeemed, at the option of the City from any source of funds (excluding Prepayments transferred from the Prepayment Account of the Bond Service Fund) on any date on or after March 1, 2014, subject to the restrictions upon A - 2 60285.00021\8513142 2 P428 refunding of bonds specified in the Act and subject to the conditions and provisions of the Agreement, by giving notice as provided in the Agreement, causing the Fiscal Agent to give notice as provided by the Agreement and by paying the redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued interest to the date of redemption. The Bonds shall be subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part from such maturities, as are selected by the District, from Prepayments of Special Taxes at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest thereon to the date of redemption; provided, however, that the Bonds that remain Outstanding after any such mandatory redemption pursuant shall be in authorized denominations of$100,000 or any integral multiple of$5,000 in excess thereof: Redemption Date Redemption Price September 1, 2014 through September 1, 2036 103% The Bonds maturing on September 1, 2036, shall be called before maturity and redeemed, from the sinking fund payments that have been deposited into the Bond Service Fund, on September 1, 2014, and on each September t thereafter prior to maturity, in accordance with the schedule of sinking fund payments set forth in the Agreement. The Bonds so called for redemption shall be selected by the Fiscal Agent by lot and shall be redeemed at a redemption price for each redeemed Bond equal to the principal amount thereof, plus accrued interest to the redemption date, without premium. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered Owners thereof, in the manner, to the extent and subject to the provisions of the Agreement. This Bond shall be registered in the name of the Owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication endorsed hereon. Except as provided in the Agreement, any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of the Agreement by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation, accompanied by delivery of a duly written instrument of transfer in a form approved by the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such transfer any tax or other governmental charge required to be paid with respect to such transfer. Whenever any Bond or Bonds shall be surrendered for transfer, the District shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds, for like aggregate principal amount. A - 3 60285.00021A8513142.2 P429 No transfers of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond after such Bond has been selected for redemption; or (iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. Bonds may be exchanged at the Principal Office of the Fiscal Agent for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such exchange shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting such exchange any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) fifteen (15) days prior to the date established by the Fiscal Agent for selection of Bonds for redemption; (ii) with respect to a Bond after such Bond has been selected for redemption; or(iii) between the 15th day of the month next preceding any Interest Payment Date and such Interest Payment Date. The Fiscal Agent Agreement and the rights and obligations of the Agency thereunder may be modified or amended as set forth therein. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been dated and signed by the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED, AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law, and that the amount of this Bond does not exceed any debt limit prescribed by the laws or Constitution of the State of California. [Remainder of this page intentionally left blank.] A - 4 60285.00021\8513142.2 P430 IN WITNESS WHEREOF, the City of Rancho Cucamonga Community Facilities District 2004- 01 (Rancho Etiwanda Estates) has caused this Bond to be dated February , 2014, to be signed by the manual or facsimile signature of the Mayor and countersigned by the manual or facsimile signature of the City Clerk, each acting for and on behalf of such community facilities district. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) BY: Mayor BY: City Clerk A - 5 60285.00021\8513142.2 P431 FISCAL AGENT'S CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the Resolution and the Agreement which has been authenticated on , WELLS FARGO BANK,NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer A - 6 60285.00021\8513142.2 P432 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint , attorney, to transfer the same on the registration books of the Fiscal Agent, with full power of substitution in the premises. Dated: NOTICE: The signature(s) on this assignment must correspond with the name(3) as written on the face of the within Bond in every particular without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. A - 7 60285.00021A8513142.2 P433 EXHIBIT B FORM OF OPINION OF BOND COUNSEL City of Rancho Cucamonga, for and on behalf of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 10500 Civic Center Drive Rancho Cucamonga, California 91730 Re: $ City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 BOND OPINION Ladies and Gentlemen: We have acted as Bond Counsel in connection with the issuance and sale by the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") of the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 in the aggregate principal amount of $ , (the "Bonds"). The Bonds are issued pursuant to the Mello Roos Community Facilities Act of 1982, as amended (comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California), Resolution No. 14- adopted by the City Council of the City of Rancho Cucamonga, acting in its capacity as the Legislative Body of the District, on January _, 2014, and the Fiscal Agent Agreement, dated as of January 1, 2014 (the "Fiscal Agent Agreement"), and entered into by and between the District and Wells Fargo Bank, National Association, as Fiscal Agent. Capitalized terms used herein and not otherwise defined shall have the meanings given such terms in the Fiscal Agent Agreement. As Bond Counsel, we have examined copies certified to us as being true and complete copies of the proceedings in connection with the formation of the District and the issuance of the Bonds (the "Proceedings"). We have also examined certificates and representations of fact made by public officials and officers of the City on behalf of itself and the District and others as we have deemed necessary to render this opinion. Attention is called to the fact that we have not been requested to examine and have not examined any documents or infomration relating to the District or the City other than the record of the Proceedings hereinabove referred to, and no opinion is expressed as to any financial or other information, or the adequacy thereof which has been or may be supplied to any purchaser of the Bonds. In rendering this opinion, we have relied upon the representations of fact and certifications referred to above, and we have not undertaken by independent investigation to verify the accuracy of the factual matters represented, warranted or certified therein. B - 1 60285.00021\8513142.2 P434 The opinions expressed herein are based on an analysis of existing laws, regulations, rulings and court decisions. The opinions may be affected by actions or events occurring after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions or events occur. As to questions of fact material to our opinion, we have relied upon the representations of fact and certifications referred to above, and we have not undertaken by independent investigation to verify the authenticity of signatures or the accuracy of the factual matters represented, warranted or certified therein. It is to be understood that the rights and obligations under the Bonds and the Fiscal Agent Agreement are subject to bankruptcy, insolvency, reorganization, moratorium and other similar laws heretofore or hereafter enacted, affecting the enforcement of creditors' rights and remedies, to the application of equitable principles when equitable remedies are sought, and to the exercise of judicial discretion in appropriate cases. Based on and subject to the foregoing, and in reliance thereon, and our consideration of such questions of law as we have deemed relevant to the circumstances, we are of the following opinions: I. The District has, and the Proceedings show, full power and authority to issue the Bonds. The Bonds constitute legal, valid and binding limited obligations of the District, payable in accordance with their terms. The District has the full right, power and authority to levy and pledge the Special Taxes (as defined in the Fiscal Agent Agreement) to the owners of the Bonds. The Bonds are limited obligations of the District payable solely from and secured by a pledge of the Net Special Tax Revenues (as defined in the Fiscal Agent Agreement), and from certain other funds and accounts pursuant to the Fiscal Agent Agreement and are not obligations of the City, the State of California, or any public agency thereof(other than the District). 2. The Fiscal Agent Agreement has been duly and validly authorized, executed and delivered by, and constitutes the valid and binding obligation of, the District. 3. Under existing statutes, regulations, rulings and court decisions, and assuming compliance by the District with the covenants mentioned hereinbelow, the interest on the Bonds is excluded from gross income for purposes of federal income taxation. Interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that, with respect to corporations, such interest will be included as an adjustment in the calculation of alternative minimum taxable income, which may affect the alternative minimum tax liability of corporations. 4. Interest on the Bonds is exempt from personal income taxation imposed by the State of California. The opinions expressed in paragraph 3. above as to the exclusion from gross income for federal income tax purposes of interest on the Bonds are subject to the condition that the District comply with all requirements of the Internal Revenue Code of 1986, as amended (the "Code"), B - 2 60285 00021\8513142.2 P435 that must be satisfied subsequent to the issuance of the Bonds to assure that such interest will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code might cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The District has covenanted to comply with all such requirements. Except as set forth in paragraph 3. above, we express no opinion as to any federal tax consequences related to the Bonds. We are admitted to the practice of law only in the State of California and our opinions is limited to matters governed by the laws of the State of California and federal law. We assume no responsibility with respect to the applicability or the effect of the laws of any other jurisdiction. The opinions expressed herein may be affected by actions taken (or not taken) or events occurring (or not occurring) after the date hereof. Our engagement as Bond Counsel with respect to the Bonds terminates upon the issuance of the Bonds and we have not undertaken to determine, or to inform any person, whether any such actions or events are taken (or not taken) or do occur (or do not occur). We express no opinion as to any matter other than as expressly set forth above. Respectfully Submitted, BEST BEST & KRIEGER LLP B - 3 60285.00021\8513142.2 P436 EXHIBIT C PERMITTED INVESTMENTS "Permitted Investments" means any of the investments listed below that at the time of investment are legal investments under the laws of the State of California for the moneys proposed to be invested therein (provided that the Trustee shall have no duty to investigate the legality of any investments): A. The following obligations may be used for all purposes, including defeasance investments: (I) Cash (insured at all times by the Federal Deposit Insurance Corporation). (2) Obligations of, or obligations guaranteed as to principal and interest by, the U.S. or any agency or instrumentality thereof, when such obligations are backed by the full faith and credit of the U.S. including: (a) U.S. treasury obligations, (b) all direct or fully guaranteed obligations, (c) Farmers Home Administration, (d) General Services Administration, (e) Guaranteed Title XI financing, (f) Government National Mortgage Association (GNMA), (g) State and Local Government Series. Any security used for defeasance must provide for the timely payment of principal and interest and cannot be callable or pre-payable prior to maturity or earlier redemption of the rated debt (excluding securities that do not have a fixed par value and/or whose terms do not promise a fixed dollar amount at maturity or call date). B. The following obligations may be used as for all purposes other than defeasance investments in refunding escrow accounts: (1) Obligations of any of the following federal agencies which obligations represent the full faith and credit of the United States of America, including: (a) Export-Import Bank, (b) Rural Economic Community Development Administration, (c) U.S. Maritime Administration, C - 1 60285.00021\8513142.2 P437 (d) Small Business Administration, (e) U.S. Department of Housing & Urban Development (PHAs), (f) Federal Housing Administration, (g) Federal Financing Bank. (2) Direct obligations of any of the following federal agencies which obligations are not fully guaranteed by the full faith and credit of the United States of America: (a) senior debt obligations issued by the Federal National Mortgage Association (FNMA) or Federal Home Loan Mortgage Corporation (FHLMC); (b) obligations of the Resolution Funding Corporation (REFCORP); (c) senior debt obligations of the Federal I-Iome Loan Bank System. (3) U.S. dollar denominated deposit accounts, federal funds and bankers' acceptances with domestic commercial banks which have a rating on their short term certificates of deposit on the date of purchase of "P-1" by Moody's and "A-1" or "A-1+" by S&P and maturing not more than 360 calendar days after the date of purchase. (Ratings on holding companies are not considered as the rating of the bank). (4) Commercial paper which is rated at the time of purchase in the single highest classification, "P-1" by Moody's and "A-1+" by S&P and which matures not more than 270 calendar days after the date of purchase. (5) Investments in a money market fund rated "AAAm" or "AAAm-G" or better by S&P including funds for which the Trustee or an affiliate provides investment advice or other services. (6) Pre-refunded municipal obligations defined as follows: any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state which are not callable at the option of the obligor prior to maturity or as to which irrevocable instructions have been given by the obligor to call on the date specified in the notice: (a) which are rated, based on an irrevocable escrow account or fund (the "escrow"), in the highest rating category of Moody's or S&P or any successors thereto; or (b) (i) which are fully secured as to principal and interest and redemption premium, if any, by an escrow consisting only of cash or obligations described in A.(2) above, which escrow may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; and (ii) which C - 2 60285.00021\8513142.2 P438 escrow is sufficient, as verified by a nationally recognized independent certified public accountant, to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this paragraph on the maturity date or dates specified in the irrevocable instructions referred to above, as appropriate. (7) Municipal obligations rated "Aaa/AAA" or general obligations of States with a rating of"A2/A" or higher by both Moody's and S&P. (8) Investment in the Local Agency Investment Fund of the State of California (LAIF), provided that any investment of the type authorized pursuant to paragraphs (d), (e), (h), and (i) of Section 53601 of the California Government Code are additionally restricted as provided in the appropriate paragraph or paragraphs above applicable to such type of investment and provided further that investments authorized pursuant to paragraphs (r) and (m) of Section 53601 of the California Government Code are not permitted. C - 3 60285.00021A8513142.2 P439 EXHIBIT D FORM OF LETTER OF REPRESENTATIONS City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: Finance Director Re: City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 The undersigned, WAB Investments, Inc. (the "Purchaser"), hereby certifies, represents, and warrants to the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) (the "District") as follows: (i) The Purchaser has purchased on the date hereof the above-referenced bonds (the "Bonds"), the outstanding principal amount of which is $ .00, issued pursuant to the Fiscal Agent Agreement, dated as of January 1, 2014 (the "Fiscal Agent Agreement"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent, and acknowledged and agreed to by the Purchaser, as the original purchaser of the Bonds. (ii) The Bonds are being acquired by the Purchaser for its own account and not with a present intent for any resale or distribution thereof, in whole or in part, to others; provided, however, that the Purchaser shall not be precluded from transferring or assigning its interest in the Bonds in accordance with the terms and conditions set forth in the Fiscal Agent Agreement; provided, however, the Purchaser will not transfer or assign its interest in the Bonds unless the proposed transferee or assignee executes and provides to the District a Letter of Representations substantially similar in form and substance to this Letter of Representations and acceptable to Bond Counsel (as such term is defined in the Fiscal Agent Agreement). The Purchaser is not participating, directly or indirectly, in a distribution of the Bonds and will not take, or cause to be taken, any action that would cause the Purchaser to be deemed an "underwriter of such Bonds as defined in Section 2(11) of the Securities Act of 1933, as amended (the "Securities Act"). The Purchaser understands that the District has no obligation to register the Bonds for resale under the Securities Act. The Purchaser further understands that the Bonds are being sold in a transaction that is exempt from the registration requirements of the Securities Act. The Purchaser acknowledges that the District will not be entering into a continuing disclosure agreement pursuant to Section 15c2-12 of the Securities Exchange Act of 1934, as amended. (iii) The Purchaser has received and carefully read all information and other items of disclosure relating to the District and the Bonds that the Purchaser has deemed material (the "Disclosure Items") and, in connection therewith, has had access to all other materials, books, D - 1 60285.00021\8513142.2 P440 records, documents, and information relating to the District and the Bonds, and has been able to verify the accuracy of, and supplement, the information contained therein. (iv) The Purchaser has had an opportunity to ask questions of, and receive satisfactory answers from, duly designated representatives of the District concerning the terms and conditions pursuant to which the offer to purchase the Bonds is being made, and any request for such information has been fully complied with to the extent the District possesses such information or can acquire it without unreasonable effort or expense. (v) The Purchaser is a bank that has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of a loan of bond proceeds (i) the information (including the information set forth in the Disclosure Items) furnished to it by the District; (ii) its or such representative's personal knowledge of the business and affairs of the District; (iii) the records, files, and plans of the District, to all of which it or such representative has had full access; (iv) such additional information as it or such representative may have requested and have received from the District; and (v) the independent inquiries and investigations undertaken by it or such representative. (vi) The Purchaser represents that it can bear the economic risk of loss of a loan of bond proceeds; it has adequate means for providing for its current needs and personal contingencies; and it has no need for liquidity with respect to its acquisition of the Bonds. (vii) The Purchaser's overall commitment to a loan of bond proceeds that are not readily marketable is not disproportionate to its net worth, and its purchase of the Bonds will not cause such overall commitment to become excessive. (viii) The Purchaser certifies that it is an "accredited investor" within the meaning of Regulation D under the Securities Act and applicable state securities laws. (ix) No person has given any information or made any representation not contained in any Disclosure Items referred to above or otherwise provided to the Purchaser in writing by a person employed or authorized in writing by the District. The Purchaser understands and agrees that any information or representation not contained therein must not, and will not, be relied upon and that nothing contained therein should be construed as legal or tax advice to the Purchaser. (x) No person has made any direct or indirect representation or warranty of any kind to the Purchaser with respect to the economic return which may accrue to the Purchaser. The Purchaser has consulted with its own tax counsel and other advisors with respect to an investment in the Bonds. D - 2 60285.00021\8513142.2 P441 (xi) The signatory of this letter is a duly authorized officer of the Purchaser with the authority to sign this letter on behalf of the Purchaser, and this letter has been duly authorized, executed, and delivered by the Purchaser. DATED: WAB INVESTMENTS, INC. By: Name: Title: D - 3 60285.00021\8513142.2 P442 EXHIBIT E FORM OF REQUEST FOR DISBURSEMENT - OFFICER'S CERTIFICATE with reference to City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax.Refunding Bonds, Series 2014 Date: To Wells Fargo Bank, National Association: This Officer's Certificate is issued to you pursuant to the Fiscal Agent Agreement, dated as of January 1, 2014, by and between the City of Rancho Cucamonga and you, as fiscal agent, with respect to the above-referenced issue (the "Fiscal Agent Agreement"). Except where the context requires otherwise, all capitalized terms shall have the meanings ascribed to them in the Fiscal Agent Agreement. Pursuant to Section 3.06B of the Fiscal Agent Agreement, you are instructed to disburse $ from the Project Fund. This Disbursement shall be made to: . The purpose of this disbursement is: , and the disbursement is a proper expenditure from the Project Fund. The undersigned certifies that no portion of the amount being requested to be disbursed has been set forth in any prior certificate requesting disbursement. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) By: Authorized Officer E - 1 60285.00021\8513142.2 P443 ESCROW DEPOSIT AND TRUST AGREEMENT among CITY OF RANCHO CUCAMONGA, CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank Dated as of February_,2014 Re: CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) 2006 SPECIAL TAX BONDS 60285.00005\8511680.1 P444 ESCROW DEPOSIT AND TRUST AGREEMENT This ESCROW DEPOSIT AND TRUST AGREEMENT, dated as of February 2014 (the "Escrow Agreement"), among CITY OF RANCHO CUCAMONGA (the "City"), CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES), a community facilities district organized and existing by virtue of the Constitution and laws of the State of California (the "District"), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank (the "Escrow Bank") and as Prior Fiscal Agent (defined below); WITNESSETH: WHEREAS, the City, acting for and on behalf of the District, has heretofore entered into a Fiscal Agent Agreement with Wells Fargo Bank, National Association, as fiscal agent (the "Prior Fiscal Agent"), dated as of May 1, 2006 (the "Prior Fiscal Agent Agreement"); and WHEREAS, pursuant to the Prior Fiscal Agent Agreement the City, acting for and on behalf of the District, issued the City of Rancho Cucamonga Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) 2006 Special Tax Bonds, in the original principal amount of$43,545,000 (the "Prior Special Tax Bonds"); and WHEREAS, the Prior Fiscal Agent Agreement provides that City, acting on behalf of the District, shall have the option to pay and discharge the entire indebtedness on the outstanding Prior Special Tax Bonds by irrevocably depositing with the Prior Fiscal Agent, in trust, cash and Federal Securities (as defined in the Prior Fiscal Agent Agreement) in such amount as the City shall determine, as confirmed by an independent certified public accountant, will, together with moneys then on deposit in certain funds and accounts established pursuant to the Prior Fiscal Agent Agreement [and certain additional moneys then on deposit with the City for and on behalf of the District], be fully sufficient to pay and discharge the indebtedness on the Prior Special Tax Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates; and WHEREAS, the City and the District have determined that it is in the best interests of the District at this time to refinance the Prior Special Tax Bonds and cause the redemption thereof on March 1, 2014, at a redemption price of 103% of the principal amount thereof, plus accrued interest thereon to the date of redemption; and WHEREAS, the City and the District propose to make and/or cause the deposit of moneys to be made with the Escrow Bank and to appoint the Escrow Bank as their agent for the purpose of applying said deposit to the payment and redemption of the Prior Special Tax Bonds in accordance with the instructions provided by this Escrow Agreement and the Prior Fiscal Agent Agreement, and the Escrow Bank will accept said appointment; and WHEREAS, to obtain moneys to make such deposit, the District proposes to issue its $ Community Facilities District No. 2004-01 (Rancho Etiwanda Estates) Special Tax Refunding Bonds, Series 2014 (the "2014 Bonds") pursuant to that certain Fiscal Agent Agreement, dated as of January 1, 2014 (the "Fiscal Agent Agreement"), by and between 1 60285.00005\8511680 1 P445 the Community Facilities District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"); and WHEREAS, the City and the District wish to make such deposit with the Escrow Bank and to enter into this Escrow Agreement for the purpose of providing the terms and conditions for the deposit and application of amounts so deposited; and WHEREAS, the Escrow Bank has full powers to act with respect to the irrevocable escrow and trust created herein and to perform the duties and obligations to be undertaken pursuant to this Escrow Agreement. NOW, THEREFORE, in consideration of the above premises and of the mutual promises and covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: Section 1. Appointment of Escrow Bank. The City and the District hereby appoints the Escrow Bank as escrow bank for all purposes of this Escrow Agreement and in accordance with the terms and provisions of this Escrow Agreement, and the Escrow Bank hereby accepts such appointment. Section 2. Establishment of Escrow Fund. There is hereby created by the City and the District with, and to be held by, the Escrow Bank, an irrevocable escrow to be maintained in trust by the Escrow Bank on behalf of the District and for the benefit of the owners of the Prior Special Tax Bonds, said escrow to be designated the "Escrow Fund." All moneys deposited in the Escrow Fund shall be held as a special fund for the payment of the redemption price of the Prior Special Tax Bonds, plus accrued interest thereon to the date of redemption, in accordance with the provisions of the Prior Fiscal Agent Agreement. If at any time the Escrow Bank shall receive actual knowledge that the moneys in the Escrow Fund will not be sufficient to make any payment required by Section 3 hereof, the Escrow Bank shall notify the District of such fact and the District shall immediately cure such deficiency. Section 3. Deposit into Escrow Fund. Concurrently with delivery of the Bonds, the City and Community Facilities District shall cause to be transferred to the Escrow Bank for deposit into the Escrow Fund the amount of $ (the "Escrow Fund Deposit Amount") in immediately available funds which shall be derived as follows: (a) $ with respect to the Prior Special Tax Bonds representing funds on deposit in the Reserve Fund established pursuant to the Prior Fiscal Agent Agreement, (b) $ with respect to the Prior Special Tax Bonds representing funds on deposit in the Project Fund established pursuant to the Prior Fiscal Agent Agreement, (c) $ on deposit with the City and held for and on behalf of the District for the payment of debt service on the Prior Special Tax Bonds, and (d) $ come from the Fiscal Agent pursuant to the Fiscal Agent Agreement from the proceeds of the 2014 Bonds. Causey, Demgen & Moore Inc., certified public accountants, has prepared a report at to the sufficiency of the Escrow Fund Deposit Amount to pay the principal and interest on the outstanding Prior Special Tax Bonds on March 1, 2014 (the "Verification Report"), a copy of which is attached as Appendix A hereto and incorporated herein by this reference. 2 60285.00005\8511680 1 P446 The Escrow Bank shall hold the moneys deposited into the Escrow Fund pursuant to the preceding paragraph in cash uninvested (the "Cash"). Such Cash shall be deposited with and held by the Escrow Bank in the Escrow Fund solely for the uses and purposes set forth herein. Section 4. Instructions to Escrow Bank and Prior Fiscal Agent. The City and the District hereby irrevocably direct and instruct the Escrow Bank to redeem the outstanding Prior Special Tax Bonds in full on March I, 2014 at a redemption price equal to the principal amount thereof, together with accrued interest to the date of redemption, all as more particularly set forth in Exhibit B to the Verification Report. For such purpose of call and redemption prior to maturity of the Prior Special Tax Bonds, the District hereby instructs the Prior Fiscal Agent, and the Prior Fiscal Agent hereby agrees to cause to be given notice of redemption of the Prior Special Tax Bonds to the Owners (as such term is defined in the Prior Fiscal Agent Agreement) thereof and to Stifel, Nicolaus & Company, Incorporated, as successor to Stone & Youngberg LLC as the initial purchaser of the Prior Special Tax Bonds, on or before January 30, 2014, such notice of redemption to be given substantially in the form set forth in Exhibit B attached hereto and hereby made a part hereof and timely for redemption of the Prior Special Tax Bonds on March 1, 2014, in accordance with the applicable provisions of the Prior Fiscal Agent Agreement. Section 5. Application of Certain Terms of Prior Fiscal Agent Agreement. All of the terms of the Prior Fiscal Agent Agreement relating to the making of payments of principal and interest with respect to the Prior Special Tax Bonds are incorporated in this Escrow Agreement as if set forth in full herein. The provisions of the Prior Fiscal Agent Agreement relating to the limitations from liability and protections afforded the Prior Fiscal Agent and the resignation and removal of the Prior Fiscal Agent are also incorporated in this Escrow Agreement as if set forth in full herein and shall be the procedure to be followed with respect to any resignation or removal of the Escrow Bank hereunder. Section 6. Compensation to Escrow Bank. The District shall pay the Escrow Bank full compensation for its duties under this Escrow Agreement, including out-of-pocket costs such as publication costs, prepayment or redemption expenses, legal fees and other costs and expenses relating hereto pursuant to a separate agreement between the District and the Escrow Bank. Under no circumstances shall amounts deposited in the Escrow Fund be deemed to be available for said purposes. Section 7. Liabilities and Obligations of Escrow Bank. The Escrow Bank shall have no obligation to make any payment or disbursement of any type or incur any financial liability in the performance of its duties under this Escrow Agreement unless the District shall have deposited sufficient funds with the Escrow Bank to satisfy such obligation. The Escrow Bank may rely and shall be protected in acting upon the written instructions of the City and/or the District or its agents relating to any matter or action as Escrow Bank under this Escrow Agreement. The Escrow Bank undertakes such duties as specifically set forth herein and no implied duties or obligations shall be read into this Escrow Agreement against the Escrow Bank. 3 60285.00005\8511680.1 P447 The District hereby assumes liability for, and hereby agrees (whether or not any of the transactions contemplated hereby are consummated) to indemnify, protect, save and hold harmless the Escrow Bank and its respective successors, assigns, agents and servants from and against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements (including legal fees and disbursements) of whatsoever kind and nature which may be imposed on, incurred by, or asserted against, at any time, the Escrow Bank (whether or not also indemnified against by any other person under any other agreement or instrument) and in any way relating to or arising out of the execution and delivery of this Escrow Agreement, the establishment of the Escrow Fund, the retention of the moneys therein and any payment, transfer or other application of moneys or securities by the Escrow Bank in accordance with the provisions of this Escrow Agreement, or as may arise by reason of any act, omission or error of the Escrow Bank made in good faith in the conduct of its duties;provided, however, that the District shall not be required to indemnify the Escrow Bank against its own negligence or misconduct. The indemnities contained in this Section 8 shall survive the termination of this Escrow Agreement and the resignation and removal of the Escrow Bank. The Escrow Bank shall not have any liability hereunder except to the extent of its own negligence or willful misconduct. In no event shall the Escrow Bank be liable for any special indirect or consequential damages. The Escrow Bank may consult with counsel of its own choice and the opinion of such counsel shall be full and complete authorization to take or suffer in good faith any action hereunder in accordance with such opinion of counsel. The Escrow Bank shall not be responsible for any of the recitals or representations contained herein. No provision of this Escrow Agreement shall require the Escrow Bank to expend or risk its own funds or otherwise incur any financial liability in the performance or exercise of any of its duties hereunder, or in the exercise of its rights or powers. Section 8. Amendment. This Escrow Agreement may be modified or amended at any time by a supplemental agreement which shall become effective when the written consents of the owners of one hundred percent (100%) in aggregate principal amount of the Prior Special Tax Bonds then outstanding shall have been filed with the Escrow Bank. This Escrow Agreement may be modified or amended at any time by a supplemental agreement, without the consent of any such owners, but only (1) to add to the covenants and agreements of any party, other covenants to be observed, or to surrender any right or power herein or therein reserved to the District, (2) to cure, correct or supplement any ambiguous or defective provision contained herein, or (3) in regard to questions arising hereunder or thereunder, as the parties hereto or thereto may deem necessary or desirable and which, in the opinion of counsel, shall not adversely affect the interests of the owners of the Prior Special Tax Bonds or the Bonds, and that such amendment will not cause interest on the Prior Special Tax Bonds or the Bonds to become subject to federal income taxation. Section 9. Termination; Unclaimed Money. This Escrow Agreement shall terminate when the Prior Special Tax Bonds have been paid;provided, however, that (i) money 4 60285.00005\8511680.1 P448 held by the Escrow Bank pursuant to this Escrow Agreement for the payment and discharge of any of the Prior Special Tax Bonds (which shall not be payable as to interest from and after the date set for redemption) which remain unclaimed for two (2) years after such payments were due, shall be repaid by the Escrow Bank to the District free from the trust created by the Prior Fiscal Agent Agreement and this Escrow Agreement, and the Escrow Bank shall thereupon be released and discharged with respect thereto and hereto and all liability of the Escrow Bank with respect to such money shall thereupon cease and (ii) excess moneys held by the Escrow Bank not needed for the payment and discharge of the Prior Special Tax Bonds shall be transferred to the Bond Fund under the Fiscal Agent Agreement. Section 10. Severability. If any section, paragraph, sentence, clause or provision of this Escrow Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, sentence, clause or provision shall not affect any of the remaining provisions of this Escrow Agreement. Section 11. Notice to Escrow Bank, the Prior Fiscal Agent, the City and the District. Any notice or demand which by any provision of this Escrow Agreement is required or permitted to be given or served by the Escrow Bank or the Prior Fiscal Agent to or on the City and/or the District may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the City and/or the District with the Escrow Bank or the Prior Fiscal Agent, as applicable) as follows: City of Rancho Cucamonga Community Facilities District No. 2004-01 c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Attention: City Manager Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City and/or the District to or on the Prior Fiscal Agent or Escrow Bank may be given or served by being deposited postage prepaid in a post office letter box addressed (until another address is filed by the Prior Fiscal Agent or Escrow Bank with the City and/or the District) as follows: Wells Fargo Bank, National Association 707 Wilshire Blvd. 17th Floor Los Angeles, CA 90017 Attention: Corporate Trust Department Section 12. Merger or Consolidation of Escrow Bank. Any company into which the Escrow Bank may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Escrow Bank may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible to act as Prior Fiscal Agent, and the Prior Fiscal Agent Agreement, shall be the successor hereunder to the Escrow Bank without the execution or filing of any paper or any further act. 5 60285.00005\8511680.1 P449 Section 13. Execution in Several Counterparts. This Escrow Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall constitute but one and the same instrument. 6 60285.00005\8511680.1 P450 IN WITNESS WHEREOF, the City, the District and the Escrow Bank have each caused this Escrow Deposit and Trust Agreement to be executed by their duly authorized officers all as of the date first above written. CITY OF RANCHO CUCAMONGA By: City Manager CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) By: City Manager WELLS FARGO BANK,NATIONAL ASSOCIATION, as Escrow Bank By: Authorized Officer 7 60285.00005\8511680.1 P451 EXHIBIT A VERIFICATION REPORT • A - 1 60285.00005\8511680.1 P452 EXHIBIT B CONDITIONAL NOTICE OF REDEMPTION CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2004-01 (RANCHO ETIWANDA ESTATES) 2006 SPECIAL TAX BONDS NOTICE IS HEREBY GIVEN that on March 1, 2014 (the "Redemption Date"), the above-captioned bonds (the "Bonds") have been called for redemption pursuant to Section 2.3(A)(i) of the Fiscal Agent Agreement, dated as of May 1, 2006, by and between Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"), and the City of Rancho Cucamonga, for and on behalf of Community Facilities District No. 2004-01 (Rancho Etiwand Estates") (the "District"). The Bonds will be prepaid at 103% of the principal amount, plus accrued interest (the "Redemption Price"). Interest will be paid in the usual manner. CONDITIONAL PROVISION OF NOTICE: The advancing of the maturity and redemption of the Bonds is contingent on the District completing the sale and delivery of special tax refunding bonds of such District (the "Refunding Bonds") to fund the redemption of the Bonds. The Refunding Bonds were priced on , 2014 and it is currently scheduled for the District to receive the proceeds of the sale of the Refunding Bonds on or about , 2014. However, if such Refunding Bonds are not sold and delivered prior to February 28, 2014, the District will not advance the maturity of and redeem the Bonds. In that event a notice will be given on or about February 28, 2014 to the registered owners of the Bonds advising them accordingly. If this Notice is rescinded by the District, such Notice shall be of no force and effect, and none of the Bonds shall be redeemed pursuant hereto. Subject to the satisfaction of the above contingency, the following Bonds will be redeemed and paid upon presentation: Maturity Redemption (September 1) Principal Interest Rate Price CUSIP©* Subject to the completion of the sale and delivery of the Refunding Bonds, on the date fixed for redemption there shall become due and payable on each Bond called for redemption, the Redemption Price stated above (representing the principal thereof, together with the redemption premium) and interest accrued to the redemption date, and from and after such date, interest thereon shall cease to accrue and be payable. 60285.00005\8511680.1 -1- P453 The Bonds are due and payable at the office of the Fiscal Agent on Redemption Date. Interest will cease to accrue on the Bonds from and after the Redemption Date. The Bonds should be presented for redemption to the office of the Fiscal Agent at the following address: [TO COME] To avoid a 28% back-up withholding tax required by Federal law, holders of Bonds must submit with their Bonds a completed IRS Form W-9. For your convenience a Form W-9 has been enclosed. Dated: WELLS FARGO BANK, NATIONAL ASSOCIATION, as Escrow Bank * The CUSIP number has been assigned by Standard & Poor's Corporation and is included solely for the convenience of the holders of Bonds. Neither the District nor the Fiscal • Agent shall be responsible for the selection or use of the CUSIP numbers nor is any representation made as to their correctness on the Bonds or as indicated in any redemption Notice. B - 2 60285.00005\8511680.1