The URL can be used to link to this page

Home My WebLink About2000/12/06 - Agenda PacketCITY OF RANCHO CUCAMONGA 10500 Civic -C~nter Drive Rancho Cucamonga,~ CA 91730 City Office: (909) 477-2700 AGENDAS CITY COUNCIL REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT REGULAR MEETINGS: 1sT and 3rd Wednesdays, 7:00 p.m. December 6, 2000 Aqency, Board & City Council Members William J. Alexander ....................Mayor Diane Williams ...............Mayor Pro Tem Paul Biane ...............................Member James V. Curatalo .....................Member Bob Dutton ..............................Member Jack Lam .........................City Manager James L. Markman .............City Attorney Debra J. Adams .....................City Clerk ORDER OF BUSINESS 5:30 p.m. 7:00 p.m. Closed Session ..................................Tapia Conference Room Regular City Council Meeting .......................Council Chambers Regular Redevelopment Agency Meeting ....... Council Chambers Regular Fire Protection District Meeting ......... Council Chambers City Council Agenda December 6, 2000 All items submitted for the City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's Office receives all such items. A._=. CALL TO ORDER 1. Pledge of Allegiance 2, Roll Call: Alexander Biane__ Curatalo , Dutton ~, and Willjams ~ B.=. NOVEMBER 7, 2000 ELECTION MATTERS APPROVAL OF A RESOLUTION CERTIFYING ELECTION RESULTS RESOLUTION NO. 00-243 MUNICIPAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY OF RANCHO CUCAMONGA ON THE 7TM DAY OF NOVEMBER, 2000, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW ADMINISTRATION OF OATHS OF OFFICE - Oaths of Office will be administered by Superior Court Judge, Jeffrey King. Oaths to be administered to: Paul Biane, Councilmember Bob Dutton, Councilmember Debra J. Adams, City Clerk James C. Frost, City Treasurer 1 2 C._~. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation of the Alta Loma Honor Roll Dedication Flag. 2. Presentation of a Proclamation declaring November 8, 2000 the 51st Anniversary of '~Norld Town Planning Day." 3. Presentation of GFOA's Certificate of Achievement for Excellence in Financial reporting for the Fiscal Year ended June 30, 1999. 4. Presentation of a Proclamation commending the RC Pop Warnet Eagles on its Mount Baldy Conference Championship Victory. City Council Agenda December 6, 2000 D. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. CONSENTCALENDAR The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for discussion. 1. Approval of Minutes: November 1,2000 November 15, 2000 2. Approval of Warrants, Register Nos. 11/8/00, 11115/00, 11/16/00 and 11/22/00 and Payroll ending 11/8/00 and 11/22/00 for the total amount of $3,174,935.49. 3. Approval of Alcoholic Beverage Application for Off-Sale General for Thomas Winery Liquor (transfer of license), Richard Fernando Barba and Angel Nicole Young, 8045 Vineyard Ave., I-8. 4. Approval of Alcoholic Beverage Application for On-Sale General for Good Fellas Fine Cigars (transfer of license), Robed Allan Lang, 8034 Haven Ave., Suite B. 5. Approval to appropriate $84,172.00, awarded by The United States Department of Justice Local Law Enforcement Block Grants Program. 6. Approval of a Resolution approving Records Retention Schedules for Personnel, Business Licensing, Admin. Services/Admin., Admin Services/Treasury, GIS/Special Districts and Facilities Maintenance/Yard. RESOLUTION NO. 00-244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING RECORDS RETENTION SCHEDULES FOR VARIOUS CITY DEPARTMENTS AND DIVISIONS Approval of a request to make a determination of Public Convenience and Necessity 00-04 - Tarlos & Associates, for the issuance of a Type 47 Alcoholic Beverage License, for on-site consumption of alcoholic beverages at a proposed 7,300 square foot restaurant, "On the Border," which will be located on the north side of Foothill Boulevard within the Terra Vista Town Center, in the Community commercial (CC) District of the Terra Vista Community Plan - APN: 1077-421-82 and 83. Related file: Conditional Use Permit 00-39 and Development Review 00-46. 22 38 40 42 44 45 61 City Council Agenda December 6, 2000 RESOLUTION NO. 00-245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF THE PUBLIC CONVENIENCE AND NECESSITY AND A REQUEST FOR THE iSSUANCE OF AN ALCOHOL BEVERAGE LICENSE WITHIN A FULL SERVICE RESTAURANT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD WITHIN THE TERRA VISTA TOWN CENTER AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 1077-421-82 AND 83 8. Approval of City Web Site Policy. 9. Approval to file for reimbursement in Local Transportation Fund, Article 3 Grant Funds administered by SANBAG for the construction of pedestrian facilities. 10. Approval of applications for Grant Funds from the Transportation Enhancement Activities Program and the Environmental Enhancement and Mitigation Program for the Metrolink Station Beautification Project. RESOLUTION NO. 00-246 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK STATION BEAUTIFICATIQN PROJECT RESOLUTION NO. 00-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR FUNDING FROM THE TRANSPORTATION ENHANCEMENT (TEA) PROGRAM OF THE TRANSPORTATION ACT FOR THE 21sT CENTURY (TEA 21) FOR THE METROLINK STATION BEAUTIFICATION PROJECT 11. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Carnelian Street Pavement Rehabilitation from Vineyard Avenue to 1550 feet north to be funded from Account No. 32-4637-9314 (1 176 303 5650/1043 176 0). 69 71 74 75 77 78 79 City Council Agenda December 6, 2000 RESOLUTION NO. 00-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CARNELIAN STREET PAVEMENT REHABILITATION FROM VINEYARD AVENUE TO 1550 FEET NORTH IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 12. Approval of a Resolution authorizing the project to improve Haven Avenue from Base Line Road to Rte. 210 including widening the west side to provide three travel lanes and the installation of related storm drain facilities. RESOLUTION NO. 00-249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE PROJECT TO IMPROVE HAVEN AVENUE FROM BASE LINE ROAD TO RTE. 210 INCLUDING WIDENING THE WEST SIDE TO PROVIDE THREE TRAVEL LANES AND THE INSTALLATION OF RELATED STORM DRAIN FACILITIES 13. Approval to accept all bids received and authorize the award and execution of the contract (CO 00-090) to the lowest responsible bidder, OPTI-GRQ, of Highland, Ca., in the amount of $50,325 ($45,750 plus 10% contingency) for the Infield Renovation of the three softball fields at the Rancho Cucamonga Adult Sports Complex, to be funded from Fund 1-133-303-5650-1222 (46-4130-9929). 14. Approval to accept bids received and award and authorize the execution of the contract (CO 00-091) in the amount of $306,925.85 ($279,023.50 plus 10% contingency) to the apparent low bidder, Gentry Brothers, Inc., for the construction of the Monte Vista Street Improvements, to be funded from CDBG funds, Account No. 28-4333- 9963 (old), 1-204-314-5650-1255-204 (new). 15. Approval of Drainage Reimbursement Agreement (CO 00-092) and appropriation of $46,000.00 from Fund 23 (Drainage Facilities/General City) fund balance for installation of a portion of master planned storm drain facilities in connection with development of Tract No. 13759, located on the west side of Haven Avenue north of the Railroad right-of- way (formerly Southern Pacific Transportation Company), submitted by Forecast Group, L.P. (DRA-32). City Council Agenda December 6, 2000 RESOLUTION NO. 00-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRAINAGE REIMBURSEMENT AGREEMENT (DRA-32) FOR THE INSTALLATION OF A PORTION OF MASTER PLANNED STORM DRAIN FACILITIES, LINES 4-1 AND 4-L, LOCATED ON THE WEST SIDE OF HAVEN AVENUE NORTH OF THE RAILROAD RIGHT-OF-WAY (FORMERLY SOUTHERN PACIFIC TRANSPORTATION COMPANY) 16. Approval of a Professional Services Agreement (CO 00-093) with Dan Guerra & Associates, to provide construction survey services for the proposed Monte Vista Street Improvements, in the amount of $15,950 ($14,500.00 plus 10% contingency), to be funded from Community Development Block Grant Funds, Account No. 28-4333-9963 (old) or 1- 204-314-5650/1255-204 (new). 17. Approval and execution of Program Supplement Agreement No. 022 (CO 00-094) to State-Local Partnership Program Agreement No. SLTPP-5420, between the City of Rancho Cucamonga and the State of California to provide project funding for construction of Day Creek Boulevard from Base Line Road to Highland Avenue. RESOLUTION NO. 00-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 022 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5420, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA TO PROVIDE FUNDING FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING OF DAY CREEK BOULEVARD FROM BASE LINE ROAD TO HIGHLAND AVENUE 18. Approval and execution of a Cooperative Agreement (CO-00-095) between the State of California (State), the San Bernardino County Transportation Authority (Authority), and the City of Rancho Cucamonga (City) for the construction of Segment 4 of State Route 210 (30) in the City of Rancho Cucamonga, California. 98 99 101 103 105 City Council Agenda December 6, 2000 RESOLUTION NO. 00-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), AND THE CITY OF RANCHO CUCAMONGA (CITY) FOR CONSTRUCTION OF SEGMENT 4 OF STATE ROUTE 210 (30) IN THE CITY OF RANCHO CUCAMONGA, CALl FORN IA 19. Approval of Plans and Specifications, accept the bids received and award and authorize the execution of the Contract (CO 00-096) in the amount of $1,766,568,93 ($1,605,971.75 plus 10% contingency) to the apparent low bidder, Riverside Construction Company, for the construction of the Metrolink Station Expansion, Phase II, to be funded from Regional Choice Transit Capital Improvement Funds, Account No. 1230-303-5650/1225-230. 20. Accept the ADA 1999/2000 access ramp and drive approach improvement at various locations along Hermosa Avenue, Haven Avenue, 6th Street and Arrow Route, Contract No. 00-016 as complete, release the bonds and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $122,566.44. RESOLUTION NO. 00-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS ADA 1999/2000 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS AT VARIOUS LOCATIONS ALONG HERMOSA AVENUE, HAVEN AVENUE, 6TM STREET AND ARROW ROUTE, CONTRACT NO. 00-016 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION 21. Approval of Improvement Agreement, Improvement Security, ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DR 99-55 located on the southeast corner of Milliken Avenue and Arrow Route, submitted by Rancho Cucamonga II, Inc., a Massachusetts Corporation. RESOLUTION NO. 00-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-55 107 109 1'15 116 117 119 City Council Agenda December 6, 2000 RESOLUTION NO. 00-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-55 22. Approval to Summarily Vacate 20-foot wide north-southbound alley located west of Center Avenue between 24th Street and Humboldt Avenue V-172, requested by Northtown Housing Development Corporation for Development Review 00-53 - APN 209-112-10, 16, 20, 29, and 30. RESOLUTION NO. 00-256 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE SUMMARILY VACATION OF 20-FOOT WIDE NORTH- SOUTH BOUND ALLEY LOCATED WEST OF CENTER AVENUE BETWEEN 24TM STREET AND HUMBOLDT AVENUE V-172 -APN: 209- 112-10, 16, 20, 29 AND 30 RELATED FILE: DEVELOPMENT REVIEW 00-53) 120 127 129 CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act them upon at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 30 MPH ON SUGAR GUM WAY BETWEEN DAY CREEK BOULEVARD AND VICTORIA WINDROWS LOOP ORDINANCE NO. 644 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 30 MPH ON SUGAR GUM WAY BETWEEN DAY CREEK BOULEVARD AND VICTORIA WINDROWS LOOP 133 City Council A~enda December 6, 2000 8 CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. 645 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. 646 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT 135 146 G. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09 - PATIEL - The appeal of the Planning Commission decision to approve the development of a 10,994 square foot church with a religious education school on 2.86 acres in the Low Residential District (2-4 dwelling units per acre), located at 9212 Base Line Road - APN: 202-242-09. Staff has prepared a Negative Declaration of environmental impacts for consideration. 154 City Council Agenda December 6, 2000 9 RESOLUTION NO. 00-257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 00-09 FOR THE DEVELOPMENT OF A NEW 10,944 SQUARE FOOT CHURCH ON 2.86 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED AT 9212 BASE LINE ROAD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-242-09 223 H.~. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting for public testimony. No Items Submitted. I. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION TO APPROVE THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL MASTER PLAN 2. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS, APPROVING THE FORM OF THE BOND INDENTURE, BOND PURCHASE AGREEMENT (CO 00-083), PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF BONDS. (CONTINUED FROM 11/15/00) RESOLUTION NO. 00-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS 225 226 228 City Council Agenda December 6, 2000 10 APPROVAL OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS. APPROVING THE FORM OF THE BOND INDENTURE, BOND PURCHASE AGREEMENT (GO 00-084). PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF BONDS. (CONTINUED FROM 11115100) RESOLUTION NO. 00-240 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS J. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. UPDATE ON SKATE PARK 2. DISCUSSION OF CITY COUNCIL COMMITTEES AND SUBCOMMITTEES 233 235 240 242 K. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. City Council Agenda December 6, 2000 11 L. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the city Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. M.~. ADJOURNMENT I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on November 30, 2000, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. November 1, 2000 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reclular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 1, 2000 in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:38 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Lorraine Phong, Information Systems Analyst; Brad Buller, City Planner; Joe O'Neil, City Engineer; Bill Makshanoff, Building Official; Allen Brock, Plan Check Manager/Building; Paula Pachon, Management Analyst III; Deborah Clark, Library Director; Captain Rodhey Hoops, Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Diane O'Neal, Assistant to the City Manager; Jenny Haruyama, Management Analyst II; and Debre J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Proclamation Honoring Senator Nell Soto. This item was taken care of during the Redevelopment Agency Meeting. C. COMMUNICATIONS FROM THE PUBLIC C1. Jim Frost, City Treasurer, told about his home being burglarized over the weekend and the family airlooms that were taken. He stated there were about 56 items stolen and that he was trying to place a value on those things for the insurance company. He encouraged everyone to go through their homes and catalog their possessions before something like this happens to them. D. CONSENT CALENDAR D1. Approval of Minutes: October 4, 2000 D2. Approval of Warrants, Register Nos. 10/11/00 and 10/18/00 and Payroll ending 10~8~00 for the total amount of $1,889,086.53. D3. Approval of the revision to the bid award for the construction of foundation improvements for rehabilitation of the Isle House to include Time and Materials for the replacement of floor joists and floor girders and an increase in the bid amount from $91,514.50 to $127,730.44 (a difference of $36,215.94), to be funded from CDBG funds, Account No. 120431456501181). City Council Minutes November1,2000 Page2 D4. Approval to authorize the advertising of the "Notice Inviting Bids" for Corporate Yard Building Improvements in the amount of $22.000.00 ($20,000.00 plus 10% contingency) funded from Account Number 01--4637-7043 (1001-316-5602). RESOLUTION NO. 00-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CORPORATE YARD BUILDING IMPROVEMENTS AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance Nos. 1 and 6 for Minor Development Review 9946, located at 8388 Utica Avenue, submitted by Vanguard Tool. RESOLUTION NO. 00-225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE NOS. 1 AND 6 FOR MDR 99-46 D6. Approval for release of two Real Property Improvement Contract and Lien Agreements for Parcel Map 15282 and those parcels located within the block of land bounded by Foothill Boulevard, Spruce Avenue, Aspen Street and Laurel Street, submitted by S & D Rancho Cucamonga California, Ltd. RESOLUTION NO. 00-226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING TVVO REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENTS ON THOSE PARCELS WITHIN THE BLOCK OF LAND BOUNDED BY FOOTHILL BOULEVARD, SPRUCE AVENUE, ASPEN STREET AND LAUREL STREET D7. Approval of Improvement Agreement Amendment for Tract 14381, located on the north side of Wilson Avenue, west of Etiwanda Avenue, submitted by Master Craft Homes and General Electric Capital Corporation. RESOLUTION NO. 00-227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 14381 IMPROVEMENT AGREEMENT AMENDMENT D8. Approval to enter into Communications Site Ground Lease Agreement (CO 00-074) at Heritage, Hermosa and Windrows Parks between AT&T Wireless Services, Inc., a Delaware Corporation and the City of Rancho Cucamonga for the purpose of installing a wireless communication facility for AT&T's personal communication service. D9. Approval and execution of a Professional Services Agreement in the amount not to exceed $200,000 with the Clean Fuel Connection, Inc., (CO 00-075) for the design, construction, and related project management for the installation of Electric Vehicle Charging Stations at eleven city locations. Agreement is funded from Account 1124303-5650~1276124-0. City Council Minutes November 1, 2000 Page 3 D10. Approval of a Professional Services Agreement with RMA Group (CO 00-076) to provide Geotechnical and Material Testing Services for the proposed Hermosa Storm Drain and Street Widening - Phase I Improvements, in the amount of $32,247.60 $29,316.00 plus 10% contingency), to be funded from Redevelopment Agency Funds, Account No. 15-51000 (old) or 26408015602 (new). D11. Approval of a Professional Services Agreement with SB&O, Inc. (CO 00-077) to provide Construction Survey Services for the proposed Hermosa Storm Drain and Street Widening - Phase I Improvements, in the amount of $37,675 ($34,250.00 plus 10% contingency), to be funded from RedevelopmentAgency funds, Account No. 15-51000 (old) or 26408015602 (new). D12. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $3,395,889.20 ($3,087,172.00 plus 10% contingency) to the apparent low bidder, Southern California Underground Contractors (CO 00-078), for the construction of the Lower Hermosa Storm Drain and Street Widening - Phase I, to be funded from RDA Account No. 15-51000 (old) or 26408015602 (new). D13. Approval of a Resolution approving the form of a Joint Community Facilities Financing Agreement (CO 00-079) by and between the City and the Cucamonga County Water District pertaining to Community Facilities District 2000-02 (Rancho Cucamonga Corporate Park). RESOLUTION NO. 00-228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) D14. Approval of a Resolution approving the form of a Joint Community Facilities Financing Agreement (CO 00-080) by and between the City and the Cucamonga County Water District pertaining to Community Facilities District 2000-01 (South Etiwanda). RESOLUTION NO. 00-229 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FORM OF A JOINT COMMUNITY FACILITIES FINANCING AGREEMENT BY AND BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE CUCAMONGA COUNTY WATER DISTRICT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) D15. Approval of a Resolution of the City Council acting as the Legislative Body of Community Facilities District No. 2000-03 (Rancho Summit) declaring the results of a Special Election. RESOLUTION NO. 00-230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT City Council Minutes November 1, 2000 Page 4 D16. Approval to accept the Golden Oak Park Improvement Project from Griffin Industries as complete, release the Faithful Performance Bond, accept the Maintenance Bond, and authorize the filing of a Notice of Completion. RESOLUTION NO. 00-231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMQNGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE GOLDEN OAK PARK PROJECT AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Curatalo, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. E. CONSENT ORDINANCES El. APPROVAL OF A RESOLUTION AND ORDINANCE TO AMEND THE CONTRACT (CO 188) WITH THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE SECTION 21574, FOURTH LEVEL OF 1959 SURVIVOR BENEFIT Debra J. Adams, City Clerk, read the title of Ordinance No. 637. ORDINANCE NO. 637 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE SECTION 21574, FOURTH LEVEL OF 1959 SURVIVORS BENEFITS FOR ALL MISCELLANEOUS MEMBERS MOTION: Moved by Curatalo, seconded by Biane to waive full reading and approve Ordinance No. 637. Motion carried unanimously 5-0. E2. ADDENDUM TO ENVIRONMENTAL IMPACT REPORT AND SUBAREA 18 SPECIFIC PLAN AMENDMENT 00-01 - JPI - A request to add multi-family residential as a permitted use in the Mixed Use Planning Area IX of the Subarea 18 Specific Plan, located on the northwest corner of 6th Street and Milliken Avenue. An Environmental Impact Report (EIR) was previously certified in June 1994. An addendure to the EIR is being prepared to allow multiple-family residential uses as an additional permitted use in Planning Area IX. The addendum is being prepared in compliance with the California Environmental Quality Act (CEQA) -APN: 290 272.!7 209-272-17. Debra J. Adams, City Clerk, read the title of Ordinance No. 638. ORDINANCE NO. 638 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING SUBAREA 18 SPECIFIC PLAN AMENDMENT 00-01, TO ADD MULTI-FAMILY RESIDENTIAL AS A PERMITTED USE IN THE MIXED USE PLANNING AREA IX OF THE SUBAREA 16 AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes November 1, 2000 Page 5 MOTION: Moved by Curatalo, seconded by Biane to waive full reading and approve Ordinance No. 638 and correcting the APN number as shown above. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS F1. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the General Plan land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041-47. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the Development District zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay District for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-04147. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A Development Agreement between the City of Rancho Cucamonga and the Southern California Housing Development Corporation for the purpose of providing a Senior Housing Project pursuant to the requirements of the Senior Housing Overlay District (Section 27.020.040 of the Development Code), including deviation from certain development standards, for 48 senior apartment units and one manager unit on a High Residential (24-30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041--47. Related files: General Plan Amendment 00-02B, and Development District Amendment 00-03. Staff has prepared a Negative Declaration of environmental impacts for consideration. Staff report presented by Alan Warren, Associate Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Trais Rowe, SoCal Housing, stated she agrees with the staff report. Kent Baird, 8651 Ramona, did not feel Mr. Warren had addressed his concerns as identified in his letter which is on file in the City Clerk's office. He continued to comment from his letter. John Lyons, 11084 Dorset, feels the City is confused whenever there is a senior project planned in the City. He urged the City to go forward with this project and felt it would be a good project. He pointed out that all previous concerns about senior projects were addressed and that there are no traffic problems because of a senior project development. Edward Williams made comments of problems that were identified from the Planning Commission meeting. He did not think there would be traffic problems created from the senior project. He felt this would be a good location for a senior project. There being no further response, the public hearing was closed. Councilmember Willlares asked about the driveway and the access to the piece of property as shown on the map. City Council Minutes November 1, 2000 Page 6 Brad Buller, City Planner, referred to page 81 and explained this. He stated from a technical standpoint, staff was not in favor of considering this as access to the property because of the location of the Church driveway just to the south of it and also the driveway for the office building complex to the north of it. He felt too many driveway access points together would be an issue. He added they felt residential traffic, including the change to a senior project, should stay on this residential neighborhood street. He stated it is a reduction in the ultimate number of traffic counts had it been commercial, but added it is to be a senior project. Councilmember Willjams reiterated that it has been discussed and ruled out that it is not useful as an access road and the driveways worked out. Brad Buller, City Planner, stated at the public hearing of the Planning Commission it was not raised as a question. Councilmember Willjams stated she is concerned about getting out of the Senior Center from Malvern onto Arrow and stated this is a real problem Brad Buller, City Planner, stated the traffic around this area will be looked at. He also stated they have extended their noticing boundaries for this neighborhood. Councilmember Williams stated she feels the senior housing project should be for people older than 55 and should be for people 70 years old or older. She felt this should be brought up at the federal level to try and get this changed. Councilmember Biane felt the traffic studies being done in the past have held true and that this will not create a problem He felt the Senior Center is a good neighbor. Councilmember Curatalo asked if they can set a certain number of units to house various age groups. Trais Rowe stated she would look into this. Debra J. Adams, City Clerk, read the title of Ordinance No. 639 and 640. RESOLUTION NO. 00-232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02B, A REQUEST TO AMEND THE GENERAL PLAN LAND USE ELEMENT MAP FROM COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) FOR 1.31 ACRES OF LAND, LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 209-041-47. ORDINANCE NO. 639 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 00-03, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM GENERAL COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 1.31 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 209-041-47. City Council Minutes November 1, 2000 Page ? ORDINANCE NO. 640 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATIONS FROM CERTAIN DEVELOPMENT STANDARDS FOR 48 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORTTHEREOF-APN: 209-041-47 MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 00-232 and to waive full reading and set second reading of Ordinance Nos. 639 and 640 for the November 15, 2000 meeting. Motion carried unanimously 5-0. F2. GENERAL PLAN AMENDMENT 00-02A - LEWIS RETAIL CENTERS - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue - APN: 227-351-65. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-02 - LEWIS RETAIL CENTERS - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for 1.244 acres (Lot 73 of Tract 15875), located at the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider Community Plan text changes to better define the scope of Village Commercial development in the immediate area - APN: 227-351.65. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02C - CITY OF RANCHO CUCAMONGA - A request to change the General Plan land use designation from Low Residential (2-4 dwelling units per acre) to Neighborhood Commercial for approximately .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-03 - CITY OF RANCHO CUCAMONGA - A request to change the Victoria Community Plan land use designation from Low Residential (2-4 dwelling units per acre) to Village Commercial for .24 acre adjacent to the east side of Lot 73 of Tract 15875 near the northeast corner of Day Creek Boulevard and Highland Avenue. The City will also consider community plan text changes to better define the scope of Village Commercial development in the immediate area. Staff has prepared a Negative Declaration of environmental impacts for consideration. City Council Minutes November1,2000 Page 8 RESOLUTION NO. 00-233 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02A, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-881.01 ORDINANCE NO. 641 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00-02, A REQUEST TO CHANGE THE LAND USE DESIGNATION FROM LOW RESIDENTIAL (2.4 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR 1.244 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-881-01 RESOLUTION NO. 00-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 00-02C, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL (2-4 DWELLING UNITS PER ACRE) TO NEIGHBORHOOD COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 642 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 00.03, A REQUEST TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW RESIDENTIAL DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL FOR .24 ACRES OF LAND LOCATED NEAR THE NORTHEAST CORNER OF DAY CREEK BOULEVARD AND HIGHLAND AVENUE, AND MAKING TEXT AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF Jack Lam, City Manager, stated it is requested this item be continued to December 20, 2000. Mayor Alexander opened the meeting for public hearing for those that could not be present December 20, 2000. Addressing the City Council was: Jacob Batiste, 12353 Highland, stated he wanted to know what kind of impact this will have on his property. City Council Minutes November 1, 2000 Page 9 Jacob Batiste, 12353 Highland, stated he wanted to know what kind of impact this will have on his property. Mayor Alexander suggested he talk to the City Planner, Brad Buller, before December 20, 2000. MOTION: Moved by Williams, seconded by Biane to continue the item to December 20, 2000, 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga. Motion carried unanimously 5-0. F3. CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS Mayor Alexander stated this is the time and place for two concurrent public hearings relating for the formation of CFD 2000-01 (South Efiwanda). He stated the public hearings related to the formation of the proposed community facilities district and the authorization to levy special taxes within the acquisition of authorized public facilities. He asked the City Clerk to report on the noticing for the public hearings. Debra J. Adams, City Clerk, stated the notice of the public hearing has been given in the form and manner as required by law and that a Certificate of compliance is on file relating to the publication of Notice of Intention to form the CFD and the authorization to levy a special tax; and the publication of Notice of Hearing to Incur Bonded Indebtedness. Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Ellison Chung, Pacific Communities, stated they are in full support of the CFD. There being no further response, the public hearing was closed. RESOLUTION NO. 00-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. 00-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) A PROPOSITION TO INCUR BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AND A PROPOSITION TQ ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON City Council Minutes November 1, 2000 Page 10 MOTION: Moved by Biane, seconded by Williams to approve Resolution Nos. 00-235 and 00-236. Motion carried unanimously 5-0. F4. CONSIDERATION OF A RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS, AND CONSIDERATION OF A RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS AND SUBMITTING PROPOSITION TO QUALIFIED ELECTORS (CONTINUED FROM OCTOBER 18, 2000) Mayor Alexander stated this is the time and place for two concurrent public hearings relating for the formation of CFD 2000-02 (Rancho Cucamonga Corporate Park). He stated the public hearings related to the formation of the proposed community facilities district and the authorization to levy special taxes within the acquisition of authorized public facilities. He asked the City Clerk to report on the noticing for the public hearings. Debra J. Adams, City Clerk, stated the notice of the public hearing has been given in the form and manner as required by law and that a Certificate of compliance is on file relating to the publication of Notice of Intention to form the CFD and the authorization to levy a special tax; and the publication of Notice of Hearing to Incur Bonded Indebtedness. Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Pam Steel, Catellus Development who stated they support this and are very exciting about it. There being no further comments, the public hearing was closed. RESOLUTION NO. 00-222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND AUTHORIZING SUBMITTAL OF A LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS RESOLUTION NO. 00-223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING NECESSITY TO iNCUR A BONDED INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AND A PROPOSITION TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH DISTRICT, AND GIVING NOTICE THEREON MOTION: Moved by Biane, seconded by Dutton to approve Resolution Nos. 00-222 and Motion carried unanimously 5-0. 00-223. City Council Minutes November 1, 2000 Page 1 t No Items Submitted. H1. CONSIDERATION G. PUBLIC HEARINGS H, CITY MANAGER'S STAFF REPORTS OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT I1. RECOMMENDATION LANDSCAPING Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public hearing. There being no response the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 643. ORDINANCE NO. 643 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Dutton, seconded by Biane to waive full reading and set second reading of Ordinance No. 643 for the November 15, 2000 meeting. Motion carried unanimously 5-0. H2. PRESENTATION OF THE TIDEMARK AUTOMATED PERMIT TRACKING SYSTEM FOR BUILDING AND SAFETY (ORAL REPORT) Staff report and power point presentation were presented by Bill Makshanoff, Building Official, and Allen Brock, Plan Check Manager/Building. Bill Makshanoff, Building Official, also distributed the Tidemark Newsletter for the Council's information. I. COUNCIL BUSINESS REPORT OF PLANNING/HISTORIC PRESERVATION COMMISSION SUBCOMMITTEE'S REGARDING DEVELOPMENT CODE REQUIREMENTS FOR Staff report presented by Bill Makshanoff, Building Official. MOTION: Moved by Dutton, seconded by Wiltjams to direct staff to bring back an ordinance amending the current landscaping regulations. Motion carried unanimously 5-0. City Council Minutes November 1, 2000 Page 12 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Paula Pachon, Management Analyst III, announced the Founders Day Parade is set for Saturday, November 11 on Base Line Road. She invited everyone to come out and watch it. Councilmember Williams stated staff should encourage and find ways to inform people about the parade. Paula Pachon, Management Analyst III, stated they are doing this through posters, notices to the school kids and other ways. She stated the theme is "American Heroes". L. ADJOURNMENT MOTOIN: Moved by Dutton, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:08 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk November15,2000 CITY OF RANCHO CUCAMONGA CITY COUNCILMINUTES Regular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 15, 2000 in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:07 p.m. by Mayor Alexander. Present were Councilmembers: Paul Biane, James Curatalo, Bob Dutton, Diane Willlares, and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Charles Scott, St. Information Systems Specialist; Ingrid Bruce, GIS/Special Districts Supervisor; GIS Staff; Brad Buller, City Planner; Tom Grahn, Associate Planner; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Dan James, Sr. Civil Engineer; Michelle Dawson, Management Analyst II; Bill Makshanoff, Building Official; Mitch Slagerman, Sr. RDA Analyst; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Nettle Nielsen, Recreation Supervisor; Jodi Sorrell, Marketing Manager; Deborah Clark, Library Director; Captain Rodney Hoops, Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Jenny Haruyama, Management Analyst I; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to the Cucamonga County Water District Director Robert Neufeld for being selected as the "Board Member of the Year." Mayor Alexander presented the Proclamation to Bob Neufeld. B2. Presentation of a Proclamation to OPARC in celebration of its 50th Anniversary. Mayor Alexander presented the Proclamation to Tracy Mauser B3. Presentation of a Proclamation proclaiming November 12 - 18, 2000, as "Geography Awareness Week." Mayor Alexander presented the Proclamation to Larry Temple, Administrative Services Director, and Ingrid Bruce, GIS/Special Districts Supervisor. The GIS staff was also present and introduced. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons, Etiwanda, thanked the City and everyone involved with the Founders Day Parade held last weekend. He stated it was an excellent family event. City Council Minutes November 15, 2000 Page 2 D. CONSENT CALENDAR Jack Lam, City Manager, stated items 9 and 10 needed to be removed from the agenda and would come back on the December 6 agenda. D1. Approval of Minutes: September 12, 2000 (Adjourned Meeting with Library Board of Trustees) October 18, 2000 D2. Approval of Warrants, Register Nos. 10/25/00 and 11/02/00 and Payroll ending 10/26/00 for the total amount of $2,802,123.11. D3. Approval to receive and file current Investment Schedule as of October 31, 2000. D4. Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for Barboni's Pizza (person-to-person transfer), Rebecca Ann & Robert William Clapper, 9792 19th St. D5. Approval of Alcoholic Beverage Application for On-Sale Beer and Wine for the Sizzler (stock transfer), Forbco Management Corporation, 9588 Base Line. D6. Approval to appropriate $2,448 in Account Number 01--4333-6028 to complete the process for Annexation No. 00-01. D7. Approval of a Resolution of the City Council acting as the Legislative Body for Community Facilities District 2000-01 (South Etiwanda) declaring the results of a special election. RESOLUTION NO. 00-237 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT D8. Approval of a Resolution of the City Council acting as the Legislative Body for Community Facilities District 2000-02 (Rancho Cucamonga Corporate Park) declaring the results of a special election. RESOLUTION NO. 00-238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT D9. Approval of a Resolution of the City Council acting as the Legislative Body for Community Facilities District 2000-01 (South Etiwanda) authorizing and providing for the issuance of bonds, approving the form of the Bond Indenture, Bond Purchase Agreement (CO 00-083), Preliminary Official Statement, and other documents and actions in connection with the issuance of bonds. (PULLED FROM AGENDA -TO COME BACK 1216100) City Council Minutes November 15, 2000 Page 3 RESOLUTION NO. 00-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS D10. Approval of a Resolution of the City Council acting as the Legislative Body for Community Facilities District 2000-02 (Rancho Cucamonga Corporate Park) authorizing and providing for the issuance of bonds, approving the form of the Bond Indenture, Bond Purchase Agreement (CO 00- 084), Preliminary Official Statement, and other documents and actions in connection with the issuance of bonds. (PULLED FROM AGENDA - TO COME BACK 1216100) RESOLUTION NO. 00-240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS D11. Approval to authorize the replacement purchase of one Stump Grinder from Vermeer- California, Inc., of Fontana, funded from Account No. 1-712-001-5603 in the amount of $34,845.27. D12. Approval to reject all bids for the FY 2000/2001 Bus Bay Improvements at Various Locations on Haven Avenue south of Lemon Avenue, Vineyard Avenue south of Foothill Boulevard, and Red Oak Street north of Arrow Route, as non-responsive to the needs of the City. D13. Approval of a Professional Services Agreement with CH2MHILL, Inc., (CO 00-085) to provide Project Study Report Services for Future Freeway Interchange at 6th Street and 1-15 Freeway in the amount of $149,983.00, and authorization of 10% contingency to be funded from Account No. 112430356501248124 (new), 22-4637-9956 (old). D14. Approval to award and authorize the execution of the Professional Services Agreement (amended CO RA00-008) for the Soils and Material Testing of the Foothill Boulevard Median Improvement Project, Phase II, to RMA Group in an amount not to exceed $98,095, to be funded from Account No. 32-4637-9824 (11763035650/11701760). D15. Approval to release Maintenance Guarantee Bond, Certificate of Deposit in the amount of $2,076.00 for CUP 95-32, located at 9777 Foothill Boulevard. MOTION: Moved by Biane, seconded by Curatalo to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes November 15, 2000 Page 4 E. CONSENT ORDINANCES El. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-02B - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the General Plan land use designation from Commercial to High Residential (24-30 dwelling units per acre) for 1.3 acres at the southwest intersection of Malvern Ave. and Salina Street. APN: 209-041- 47. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-03 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A request to change the Development District zoning designation from General Commercial to High Residential (24-30 dwelling units per acre) with a Senior Housing Overlay District for 1.3 acres at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-041-47. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-02 - SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION - A Development Agreement between the City of Rancho Cucamonga and the Southern California Housing Development Corporation for the purpose of providing a Senior Housing Project pursuant to the requirements of the Senior Housing Overlay District (Section 27.020.040 of the Development Code), including deviation from certain development standards, for 48 senior apartment units and one manager unit on a High Residential (24-30 dwelling units per acre) site of 1.3 acres of land at the southwest intersection of Malvern Avenue and Salina Street. APN: 209-04147. Related files: General Plan Amendment 00-02B, and Development District Amendment 00-03. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 639 and 640. ORDINANCE NO. 639 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT DISTRICT AMENDMENT 00-03, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP FROM GENERAL COMMERCIAL TO HIGH RESIDENTIAL (24-30 DWELLING UNITS PER ACRE) WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 1.31 ACRES OF LAND LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVENUE AND SALINA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 209-041-47 ORDINANCE NO. 640 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO. 00-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATIONS FROM CERTAIN DEVELOPMENT STANDARDS FOR 48 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED SOUTH OF THE INTERSECTION OF MALVERN AVE. AND SALINA ST., AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA City Council Minutes November15,2000 Page 5 GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 209-041-47 MOTION: Moved by Curatalo, seconded by Dutton to waive full reading and approve Ordinance Nos. 639 and 640. Motion carried unanimously 5-0. E2. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT Debra J. Adams, City Clerk, read the title of Ordinance No. 643. ORDINANCE NO. 643 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-03 (RANCHO SUMMIT) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Curatalo, seconded by Dutton to waive full reading and approve Ordinance No. 643. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF MODIFICATION TO DEVELOPMENT REVIEW 98-13 - THE HEIGHTS AT HAVEN VIEW ESTATES - An appeal of the Planning Commission's denial of appeals flied on the City Planner's approval of a minor revision to the grading plan of Tract 14771, consisting of 40 single-family homes on 25.35 acres of land in the Very-Low Residential District (less than two dwelling units per acre), located east of Haven Avenue and north of Ringstem Drive. Councilmember Biane stated he would excuse himself from participating in this item because of a conflict. Councilmember Dutton stated in the past he has had to excuse himself from this item because he thought Mr. James Barton had an interest in this development. He stated it .has recently come to his attention that he perhaps did not have an interest in it. For the record he asked Mr. Christiano if Mr. Barton has an interest in this property. Mr. Christiano replied no, he does not. Councilmember Dutton stated he would then be able to stay and be part of this item. Staff report presented by Tom Grahn, Associate Planner. Jack Lam, City Manager, asked Joe O'Neil, City Engineer, to comment on what this appeal is limited to as far as subject. Joe O'Neil, City Engineer, stated the issue before the Council tonight is the conformance with the Hillside Grading Ordinace with the retaining walls as they have been designed and added it does meet the Hillside Grading Ordinance. He stated the other issue that they looked at was the capability or capacity of the alternate channel proposed in relationship to the original channel that was designed City Council Minutes November 15, 2000 Page 6 and approved. He stated the new channel does meet the capacity to handle the water that will be coming to it. He stated he is satisfied on both of these issues. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Allday, Heights at Haven View Estates, stated this is a minor modification to the plan that is already approved. He asked if he could have another time to speak at the end of the hearing for their attorney and engineer to make any final clarifying comments. Malon Sampson, Calico Court, stated he would like to congratulate Councilmembers Dutton and Biane on their re-election. He stated he did not agree with the new plan for safety reasons which the Council has heard before. He reminded Mr. Dutton and Biane that during the election they both stated that safety of the citizens was most important to them. Tom Bradford thanked Councilmember Williams for attending his son's Eagle Scout presentation last summer. He stated he had a letter from Joseph Westfall of the Army Corp of Engineers that was addressed to Malissa McKeith, with a date stamp of November 1, regarding the Deer Creek Debris Basin which he read and is on file in the City Clerk's office. He did not think the new plan would meet the capacity needed. He stated he would provide copies of the letter to staff. (A copy of the letter was included in the package presented by Bill Hawkins on behalf of Ms. McKeith). Bill Hawkins, 4987 Ginger Court, presented a package of information to be included in the record. James Markman, City Attorney, asked the City Clerk to identify what the package was and stated he has not seen this information. Debra Adams, City Clerk, stated it was dated November 15 from Loeb & Loeb regarding the appeal from approval of replacement channel permit for Tract 14771 and had exhibits A through F attached. Mr. Markman felt a recess should be taken, copies made for the Council so they have the opportunity to digest the information so they understand what is being put on the record. A recess was taken at 7:51 p.m. so the appropriate copies could be made and distributed to the Council for their consideration. The meeting was called back to order at 8:16 p.m. with all Councilmembers present. Mr. Markman stated neither he nor the City Clerk had received this letter prior to the meeting. He stated it is a five page letter that discusses the Deer Creek Basin and Levee and has attachments which is on file in the office of the City Clerk. He advised the Council what the subject of the hearing is about. He stated for the record that the conditions state the levee cannot be removed until this channel we are talking about this evening is operative. He added the Council is approving an alternative design and that the Council does not have the authority to force the Flood Control District or the Corps to accept the water from this replacement channel. He stated this is why staff feels this is strictly a design matter before them. He stated on page 4 there is an attack on Councilmembers Biane and Dutton with an indication that although they had excused themselves they allegedly influenced the process of considering these permits in closed sessions of the Council. He stated for the record that this is not true and the Council has never had a closed session as to whether or not these permits should be issued because it is not legal to do so. There has only been closed sessions on pending litigation and furthermore both Councilmembers Biane and Dutton did not even participate in those discussions. He stated the Council has had the opportunity to review the information and should go forward with the hearing. City Council Minutes November 15, 2000 Page ? Maurene Sampson, Calico Court, had a letter from Senators Boxer and Feinstein addressed to Mary Nichols dated October 25, 2000, which is also in the packet dated November 15 from Malissa McKeith of Loeb and Loeb. John Lyons of Etiwanda stated he has faith in the City staff and feels they have done an excellent job with this project. He stated he did not agree with the people from haven View Estates. He felt the City is safe with its flood control system. Pat Domiano, 5112 Lippizan, Haven View Estates, stated not all of the people living in Haven View Estates are appealing this project and wanted the Council to know this. Sue Bradford, Granada Court, stated her issue is safety and that there is no ulterior motive. She stated when she hears the Army Corp stating possibly this is not safe, she feels it should be looked at further. Andrew Hartzel of Hughlett McGuire commented on the letter of Mr. McKeith that was distributed tonight and also Mr. Bradford's comments. He stated it is Mr. Bradford that keeps going back to the Army Corp trying to get them to say this is not safe. He continued making comments about previous testimony made. He stated he did not feel there was any new information presented for this project not to be approved. Bob Christiano wanted to remind the Council why they are here tonight. He stated everyone is interested in safety and they are not here to discuss the debris basin. He stated they are here to discuss the appeal of a modification of the channel for his project. Stan Morris, MDS Consultants, engineer for the project, made clarifying comments to the Loeb and Loeb letter. There being no further comments, the public hearing was closed. Councilmember Dutton asked about the re-design of the channel asking if it was a better design. Brad Buller, City Planner, stated it was a better design because it did not impact the soil to the north. He stated as far as a functional standpoint in engineering capacity, it was equal to that of the original channel. Councilmember Dutton asked how this approval would affect the prior approval of this project. Brad Buller, City Planner, stated it is minor and bettered some of the grading techniques on the property. Councilmember Dutton asked if the inundation maps have been filed by the County. Joe O'Neil, City Engineer, Stated they filed the inundation study with the State. He reported the State has reviewed it and sent it back to Flood Control for comment. Councilmember Dutton asked if the City has any indication that the County will not issue a permit to hook up the channel until such time the inundation maps are approved. Joe O'Neil, City Engineer, stated yes he has been told their position as of today is that they will not issue the permit for connection of the channel until that inundation study has been completed and approved. Mayor Alexander and Councilmember Willlares stated they do not have any other questions and felt Councilmember Dutton's questions and answers were important and valuable information. City Council Minutes November 15, 2000 Page 8 Mayor Alexander stated he did not think it was fair that much of the information is turned in so late which does not allow anyone enough time to review it and only confuses the matter. Councilmember Dutton stated he has learned a lot over the last couple of years about flood control because of this issue. He felt there are serious considerations that need to be given in regards to development in the northern part of the City. He stated because there may be a possible water problem in the future, he would like to see CCWD continue looking at water conservation and County Flood Control issues a priority. He stated as long as he has assurances that the permits will not be issued until such time as the County has its necessary paperwork in order and approved by the State and that there is no problem with the basin with the Army Corp and FEMA, he does not have a problem with the minor change in the drainage channel. Mayor Alexander stated CCWD has already indicated they are willing to meet with the City regarding some of these issues Mr. Dutton brought up. RESOLUTION NO. 00-241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF A PLANNING COMMISSION DECISION DENYING APPEALS OF A CITY PLANNER DETERMINATION THAT NO SUBSEQUENT ENVIRONMENTAL REVIEW IS NECESSARY AND APPROVING MODIFICATION TO DEVELOPMENT REVIEW 98-13 FOR FINAL TRACT 14771, A DESIGN REVIEW OF THE DETAILED SITE PLAN AND BUILDING ELEVATIONS FOR 40 SINGLE FAMILY HOMES ON 25.35 ACRES OF LAND, LOCATED EAST OF HAVEN AVENUE AND NORTH OF RINGSTEM DRIVE IN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1074-511-27 THROUGH 31 AND 1074-621-01 THROUGH 35 MOTION: Moved by Curatalo, seconded by Willjams to approve Resolution No. 00-241. Motion carried 4-0-0-1 (Biane abstained). Councilmember Biane returned to the meeting at 8:50 p.m. F2. HISTORIC LANDMARK DESIGNATION 00-02 - KIMBERLY AND JAY POCOCK - An application todesignatetheGrandmalssak House and property as an Historic Landmark, located at 9611 Hillside Road - APN: 1061-571-01 MILLS ACT AGREEMENT 00-01 - KIMBERLY AND JAY POCOCK - A request to implement the use of the Mills Act (CO 00-086) to reduce property tax on the Grandma Issak House, an Historic Landmark, located at 9611 Hillside Road -APN: 1061-571-01 Staff repor~ presented by Shonda Bello, Associate Planner. Councilmember Dutton thought this was a very good thing. Councilmember Biane agreed. City Council Minutes November 15, 2000 Page 9 RESOLUTION NO. 00-242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPRQVING HISTORICAL LANDMARK 00-02 DESIGNATING THE GRANDMA ISSAK HOUSE, LOCATED AT 9611 HILLSIDE ROAD, AS AN HISTORICAL LANDMARK AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1061-571-01 MOTION: Moved by Dutton, seconded by Biane to approve Resolution No. 00-242. Motion carried unanimously 5-0. G. PUBLIC HEARINGS G1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 30 MPH ON SUGAR GUM WAY BETWEEN DAY CREEK BOULEVARD AND VICTORIA WINDROWS LOOP Staff report presented by Joe O'Neil, City Engineer. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 644. ORDINANCE NO. 644 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 30 MPH ON SUGAR GUM WAY BETWEEN DAY CREEK BOULEVARD AND VICTORIA WINDROWS LOOP MOTION: Moved by Biane, seconded by WIlliams to waive full reading and set second reading of Ordinance No. 644 for December 6, 2000 meeting. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. CONSIDERATION OF REQUEST TO APPROPRIATE FUNDS RECEIVED FROM THE CHILDREN AND FAMILIES COMMISSION FOR SAN BERNARDINO COUNTY FOR A GRANT FOR YEAR ONE FUNDING IN THE AMOUNT OF $162,585 TO DEVELOP AND IMPLEMENT A YOUTH ENRICHMENT PROGRAM (FISCAL YEAR 2000-2001 ). Staff report and power point presentation were presented by Paula Pachon, Management Analyst III and Nettle Nielsen, Recreation Supervisor. Carol Curde ofthe Mulberry Early Education Center was also present. Mayor Alexander felt it should be emphasized through this program to reduce tobacco use through education to the kids as much as possible. City Council Minutes November 15, 2000 Page ]0 Mayor Alexander opened the meeting for public comment. There being no response, public comments were closed. MOTION: Moved by Biane, seconded by W~lliams to approve staff's recommendation. Motion carried unanimously 5-0. H2. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT Staff report presented by Duane Baker, Assistant to the City Manager. Councilmember Dutton clarified that the property owner requested this be formed and that there is only one property owner. Mayor Alexander opened the meeting for public comments. There being no response, public comments were closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 645. ORDINANCE NO. 645 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTION: Moved by Dutton, seconded by Willlame to waive full reading and set second reading of Ordinance No. 645 for the December 6, 2000 meeting. Motion carried unanimously 5-0. H3. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public comment. There being no response, public comments were closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 646. ORDINANCE NO. 646 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT MOTOIN: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 646 for the December 6, 2000 meeting. Motion carried unanimously 5-0. City Council Minutes November 15, 2000 Page 1 ] H. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE Councilmember Biane announced the opening of Golden Oak Park to be held on Sunday from 1:00 to 4:00 p.m. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Mayor Alexander stated he would like an update on the Skate Park and felt Community Services Department needs to monitor this to see how it is impacting the neighborhood. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT Moved by Dutton, seconded by Williams to adjourn. Motion carried unanimously 5-0. MOTION: The meeting adjourned at 9:14 p.m. Respectfully submitted, Approved: * Debra J. Adams, CMC City Clerk TH E CITY RANGEO OF Staf:fRepogt TO: FROM: DATE: SUBJECT: Mayor and Members of the City Council Jack Lam, AICP, City Manager Debra J. Adams, CMC, City Clerk December 6, 2000 Approval of a Resolution Certifying Municipal Election Results RECOMMENDATION It is recommended that the City Council approve the attached Resolution certifying the municipal election results for the November 7, 2000 election. BACKGROUND/ANALYSIS The election of November 7, 2000 has been canvassed by the San Bernardino County Registrar of Voters, and was completed on November 27, 2000. Attached you will find a certified copy of the municipal election results for the City of Rancho Cucamonga prepared by the Registrar of Voters. Your approval of the attached Resolution is requested. If you have any questions, please contact me. Respectfully submitted, City Clerk Attachment RESOLUTION NO. 00- ~1' z/3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF RANCHO CUCAMONGA, ON NOVEMBER 7, 2000, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF LAW WHEREAS, a general municipal election was held and conducted in the City of Rancho Cucamonga, California, on Tuesday, November 7, 2000, as required by law; and WHEREAS, notice of the election was duly and regularly given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as req ui red by the provisions of the Elections Code of the State of California for the holding of elections in cities; and WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a par~ hereof as Exhibit "A". NOW, THEREFORE, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, does hereby resolve, declare, determine and order as follows: SECTION 1: That there were 70 voting precincts established for the purpose of holding said election consisting (of consolidations) of the regular election precincts in the City of Rancho Cucamonga as established for the holding of state and county elections. SECTION 2: That said regular municipal election was held for the purpose of electing the following officers of said City as required by the laws relating to cities in the State of California, to wit: Two members of the City Council of said City for the full term of four years; One City Clerk for a full term of four years; One City Treasurer for a full term of four years. SECTION 3: That the number of votes given at each precinct and the number of votes given in the City to each of such persons above named for the respective officers for which the persons were candidates, are listed in Exhibit "A", attached. Resolution 00-~.~_.__ Page 2 of 20 SECTION 4: That the whole number of votes cast, in said City, was 44,319. SECTION 5: That the names of the persons voted for, at said election for City Council of said City, are as follows: Paul Biane and Bob Dutton. That the name of the person voted for, at said election for City Clerk of said City, is as follows: Debra J. Adams That the name of the person voted for, at said election for City Treasurer of said City, is as follows: James C. Frost That the number of votes given at each precinct and the number of votes given in the City to each of such persons named above for the respective officers of which said persons were candidates as listed in Exhibit "A", attached. SECTION 6: The City Council does declare and determine that: Paul Biane and Bob Dutton were elected as Members of the City Council, of said City, for the full term of four years; Debra J. Adams was elected as City Clerk, of said City, for the full term of four years; James C. Frost was elected as City Treasurer, of said City, for the full term of four years; SECTION 7: The City Clerk shall enter on the record of the City Council of the City, a statement ofthe result ofthe election, showing: (See: Exhibit "A") (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) For which office each person was voted for; (4) The number of votes given in the City to each person; SECTION 8: That the City Clerk shall immediately make and deliver to each of such persons so elected a Certificate of Election signed by the City Clerk and duty authenticated; that an Oath of Office shall also be administered to each person elected as prescribed in the State Constitution of the State of California and shall have them subscribe to it and file it in the Office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. Resolution 00- Page 3 of 20 SECTION 9: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED, AND ADOPTED this 6th day of December 2000. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, 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, California, at a regular meeting of said City Council held on the 6th day of December 2000. Executed this 7th day of December 2000 at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk Resolution 00- .~. c/,. ~ Page 4 of 20 REGISTRAR OF VOTERS 777 East Riall0 Avenue * San Bereardino, CA 92415-0770 · (909) 387-8300 Fax (909) 387-2022 COUNTY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AND PUBLIC SERVICES GROUP INGRID E. GONZALES Registrar ol Voters November 27, 2000 Debbie Adams City Clerk City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 c-h- ~NO~'~Z:~Z or r~/vc Dear Debbie: Enclosed find the Certificate of Registrar of Voters together with a statement of all votes cast for your Municipal Election held on November 7. 2000. Should you have any questions feel free to contact our office. Sincerely. INGRID E. GONZALES Registrar of Voters Sharon Beringson Chief Deputy Registrar of Voters IEG:SB:db Enclosure EXHIBIT "A" CERTIFICATE OF REGISTRAR OF VOTERS STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO RECEIVED NOV 2 9 2000 CITy OF RANONO GUC; CITy CLERK AIIOltC~A 1, INGRID E. GONZALES. Registrar of Voters, County. of San Bemardino, State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code. 1 did canvass the returns of the votes cast for each elective office in the CITY OF RANCHO CUCAMONGA at the Presidential General Election held on November 7. 2000. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number of ballots cast in said City, and the whole number of votes cast for each candidate in said City in each of the respective precincts therein, and that the totals of the respective columns and the totals as shown for each candidate are full, true and correct. WITNESS my hand and Official seal this 27th day of November 2000. Resolution 00- _,-], q_ ~ Page 6 of 20 7 Resolution 00- _,:t/-'/~ Page 7 of 20 Resolution 00- r,25/~2 Page 8 of 20 Resolution 00- Page 9 of 20 Resolution 00- ,:;2~7z--~? Page 10 of 20 // Resolution 00- ,2~ ~-~ Page 11 of 20 R T T C D E U U Z E G R R T B I N N y R S O 0 A T U U C E T T L J R E E p R A D E K D R A V C M 0 E S T N E T R A S G E Resolution 00-r--/?z/_~ Page 12 of 20 R T T C D S O O A T U U C 577% 59.1% 642% 58 58 Resolution 00-~,q ~ Page 13 of 20 0.0% 00% 00% 0.0% Resolution O0-z2?~,~ Page 14 of 20 o 28735 0 Resolution 00-_~;~._ Page 15 of 20 R T T C D I N N y R T U U C E T T L J R E D E K D R A T N E T RIALTO Resolution 00- c2z-/'J2 Page 16 of 20 /7 Resolution Page 17 of 20 746 1286 76i 760 488 1072 6~6 IOSG ~22 949 365 654 385 /F Resolution 00- ~:;2/'/-~ Page 18 of 20 /~ Resolution 00- ~::~L//..~ Page 19 of 20 TOTAL 61912 44319 Page 20 of 20 ~/ CITY OF RC IFAS (PROD) 11/08/00 C H E C K R E G I S T E R CHECK REGISTER Page 1 WED, NOV 08, 2000, 11:34 AM --req: LMCCLOSK--leg: GL JL--loc: FINANCE---job: 9418 #S045 ...... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161154 005525 AP00161158 000859 AP00161156 000850 AP00161157 006145 AP00161158 006625 AP00161159 006101 AP00161160 005790 AP00161181 000744 AP00161162 004289 AP00161163 000150 AP00161164 000863 AP00161165 012180 AP00161166 000862 AP00161167 002682 AP00161168 008033 BOWERY, ROBERT 11/08/00 175.00 ~{W IP CART GUY, THE 11/08/00 774.10 ~q IP COOKE INC, G B 11/08/00 85,594.91 MW IP DAVIS, S~4 11/08/00 135.00 NF~ IP ESPINOSA, DEBBIE 11/08/00 135.00 MW IP FIVE STAR CATERING 11/08/00 2,010.78 NF~ IP K~aMPj~NI, JOSEPB 11/08/00 175.00 MW IP NATIONAL DEFERRED 11/08/00 2,413.00 MW IP PHONG, LORRAI~TE 11/08/00 135.00 MW IP SAN BERN COUPFrY PUBLIC BEALTH 11/08/00 25.00 MW IP SCOTT, CNARLES 11/08/00 135.00 ~F~ IP SIPHOMSAY, SID 11/08/00 135. O0 MW IP TOY, MIKE 11/08/00 135.00 MW IP UNITED STATES POSTAL SERVICE 11/08/00 9,000.00 MW IP WILLI~4S, VANESSA 11/08/00 135.00 MW IP GRAND TOTALS: Total Void Machine Written 0.00 Total Void Hand Written 0.00 Total Machine Written 101,112 . 79 Total Hand Written 0.00 Total Reversals 0.00 Total Cancelled Checks 0.00 G R A N D T O T A L 101,112.79 Number of Checks Processed: 0 Number of Checks Processed: 0 Number of Checks Processed: 15 Num30er of Checks Processed: 0 Number of Checks Processed: 0 Number of Checks Processed: 0 CITY OF RC IFAS (PROD) 11/15/00 C H E C K R E G I S T E R CHECK REGISTER Page 1 WED, NOV 15, 2000, 4:39 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 10321 #S048 ..... prog: CK200 <l.37>--report id: CKREG--r Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161208 006451 A ~ A AUTOMOTIVE 11/15/00 314.05 MW OH AP00161209 004635 A ~a4D K pHOTOGRAPHY 11/15/00 50.90 MW OR AP00161210 000010 A ~ R TIRE SERVICE 11/15/00 6,722.66 MW OH AP00161211 000001 AA EQUIPMENT RENTALS CO INC 11/15/00 31.96 MW OH AP00161212 006507 ~ PORTABLE RESTROOM CO 11/15/00 131.55 MW OH AP00161213 006271 ABBEY EVEN~fS SERVICES 11/15/00 431.79 MW OH AP00161214 002732 ABC LOCKSMITHS 11/15/00 208.32 MW OH AP00161215 000013 ACTION BUSINESS MACHINES 11/15/00 45.73 MW OH AP00161216 006309 }a3AMSON, RONALD 11/15/00 2,112.00 MW OR AP00161217 000211 ADT SECURITY SERVICES INC 11/15/00 564.00 MW OH AP00161218 000840 ALAN L~A~DSCAPE 11/15/00 250.00 MW OH AP00161219 006226 ALLIED STORAGE CONTAINERS 11/15/00 3,390.25 MW OH AP00161220 090127 ALb'MIN73M SEATING CO 11/15/00 1,991.38 MW OH AP00161221 001430 ~ERICAN BUSINESS FORMS 11/15/00 558.32 MW OH AP00161222 005725 AMERICAN HEAVY MOVING ~ RIG 11/15/00 2,250.00 MW OH Ap00161223 000022 AMERICAN PUBLIC WORKS ASSOCIA 11/15/00 137.50 MW OH AP00161224 002693 AMTECH ELEVATOR SERVICES 11/15/00 187.39 MW OH AP00161225 003831 APPLIANCE MASTERS 11/15/00 37.50 MW OH AP00161226 004567 APPLIED CONCEPTS 11/15/00 191.80 MW OH AP00161227 003060 ARCHITECTURAL DIGEST 11/15/00 24.00 MW OH AP00161228 005807 ARCHITERRA DESIGN GROUP 11/15/00 3,744.00 MW OH AP00161229 000402 AtrTO RESTORATORS 11/15/00 113.72 MW OH Ap00161230 000890 BARNES, OWEN J 11/15/00 15.00 MW OH AP00161231 000033 BASELINE TRUE VALUE HARDWARE 11/15/00 40.99 MW OH AP00161232 002863 BEE REMOVERS 11/15/00 175.00 MW OH CITY OF RC IFAS (PROD) 11/15/00 C H E C K R E G I S T E R CHECK REGISTER Page 2 WED, NOV 15, 2000, 4:39 PM --req: CGONZALE--le~: GL JL--loc: FINANCE---job: 10321 ~S048 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161233 002820 BERNELL HYDRAULICS INC 11/15/00 118.12 MW OH AP00161234 000373 BOOK PUBLISHING COMP/~NY 11/15/00 750.27 MW OH AP00161235 004369 BRODART BOOKS 11/15/00 1,924.19 MW AP00161236 005341 BUCF~/~qD ASSOCIATES 11/15/00 1,834.78 MW OH AP00161237 004410 BURNS INTER/gATIONAL SECURITY 11/15/00 3,317.31 MW OH AP00161238 080114 BUSINESS PRESS, TEE 11/15/00 49.00 MW OH AP00161239 005369 CAL COVER PRODUCTS 11/15/00 100.00 MW OH AP00161240 004356 CALIFOP2qIA SOUND CSS 11/15/00 334.00 MW OH AP00161241 000892 CALIFORNIA TURFGRASS COUNCIL 11/15/00 360.00 MW OH Ap00161242 001223 CALSENSE 11/15/00 1,580.36 MW OH AP00161243 000891 Cj~MARILLO, CHRISTINE 11/15/00 30.00 MW OH AP00161244 003001 CENTEX HOMES 11/15/00 2,500.00 MW OH Ap00161245 000266 CERTIFIED AUTO CARE 11/15/00 4,779.35 MW OH AP00161246 001061 CHAMPION AWARDS ~ SPECIALIE 11/15/00 716.55 MW OH Ap00161247 006052 CHARTER CO~JNICATIONS 11/15/00 41.39 MW AP00161248 006052 CHARTER COF~3NICATIONS 11/15/00 325.00 MW OH AP00161249 000713 CHICKS SPORTING GOODS INC 11/15/00 96.44 ~Sg OH Ap00161250 000073 CITRUS MOTORS ONTARIO INC 11/15/00 987.45 MW OH AP00161251 000074 CITY RENTALS 11/15/00 2,083.68 MW OH Ap00161252 004211 COAST RECREATION INC 11/15/00 238.28 MW OH Ap00161253 q00130 COMPUTER SERVICE CO 11/15/00 17,364.60 MW OH Ap00161254 000643 COMPUTERI~B~qD 11/15/00 1,290.34 MW OH AP00161255 000633 CONSOLIDATED ELECTRICAL DISTR 11/15/00 572.69 MW OH Ap00161256 006711 CORPORATE PRINTERS 11/15/00 306.67 MN OH Ap00161257 000889 COY, LORI 11/15/00 60.00 MW OH CITY OF RC IFAS (PROD) 11/15/00 C R E C K R E G I S T E R CHECK REGISTER Page 3 WED, NOV 15, 2000, 4:39 PM --req: CGONZALE--leg: GL JL--loc: FIN~/qCE---job: 10321 #S048 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161258 000085 CUCAMONGA CO WATER DIST 11/15/00 8,839.67 MW OH AP00161259 000239 D ~ K CONCRETE COMPANY 11/15/00 476.80 MW OH AP00161260 004282 D SEVEN CONSULTING INC 11/15/00 1,125.00 MW OH AP00181261 000284 DAISY WHEEL RIBBON CO INC 11/15/00 522.54 MW OH AP00161262 000060 DELTA DENTAL 11/15/00 26,816.85 MW OH AP00161263 003909 DEPARTMENT OF CONSERVATION 11/15/00 16,714.00 MW OH AP00161264 041095 DIEHL EVANS ~ COMPANY LLP 11/15/00 200.00 MW OH AP00161265 000839 DIETERICH INTEPdqATIONAL TRUCK 11/15/00 23,553.50 MW OH AP00161266 000880 DOLIM, ULRIKE 11/15/00 48.00 MW OH AP00161267 090503 EFFECTIVE PROMOTIONS 11/15/00 211.83 MW OH AP00161268 003364 EIGHTH AVENUE GRAPHICS 11/15/00 400.77 MW OH AP00161269 041037 EUGENIAS GONZALEZ, LINDA 11/15/00 80.00 MW OH AP00161270 005262 EVANS SPORTING GOODS 11/15/00 62.89 MW OH AP00161271 000229 EWING IRRIGATION PRODUCTS 11/15/00 421.74 MW OH AP00161272 005917 FASTENAL COMPANY 11/15/00 2,263.58 MW OH AP00161273 005892 FIRST Pf~CE TROPHIES 11/15/00 671.46 MW OH AP00161274 004371 FISHER SCIENTIFIC 11/15/00 580.54 MW OH AP00161275 006737 FORTDTqE 11/15/00 51.74 MW OH AP00161276 041129 FORTUNE 11/15/00 29.98 MW OH AP00161277 000882 FRIENDS OF THE SAN FRANCISCO 11/15/00 134.00 MW OH Ap00161278 006074 FUKUSHIMA, JUDITH 11/15/00 4,815.00 MW OH AP00161279 00S928 GE SUPPLY 11/15/00 2,526.71 MW OH AP00161~80 005780 GI~qT INI~qD EMPIRE RV CENTER 11/15/00 982.48 MW OH AP00161281 041102 GREEN FLOAT 11/15/00 1,800.00 MW OH Ap00161282 006383 H.V. CARTER CO. 11/15/00 57.01 MW OH CITY OF RC IFAS (PROD) 11/15/00 C H E C K R E G I S T E R CHECK REGISTER Page 4 WED, NOV 15, 2000, 4:39 PM --req: CC*ONZALE--leg: GL JL--lOC: FIN~CE---jOb: 10321 #S048 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161283 004846 HAAS DICTATING SYSTEMS 11/15/00 99.95 ~ OH AP00161284 006217 HARO ENGINEERING 11/15/00 992.00 ~ OH AP00161285 000883 PL~SNAIN,FA]{ZANA 11/15/00 48.00 MW OH AP00161286 000735 }{AVEN CAR WASB 11/15/00 1,357.40 MW OH AP00161287 031877 HILLSIDE SAPPHIRE VENTUP. ES LT 11/15/00 45,073.82 F~q OH AP00161288 001467 HOBART CORPORATION 11/15/00 19.67 MW OH AP00161289 001234 HOSE ~ INC 11/15/00 622.22 ~ OH AP00161290 000161 HOYT LUMBER CO, S M 11/15/00 117.62 N~q OH AP00161291 003276 ICI DULUX PAINT CENTERS 11/15/00 658.93 ~4 OH AP00161292 004188 ID BURR 11/15/00 68.69 ~q OH AP00161293 000877 IES INDUSTRIAL ELECTRIC SERVI 11/15/00 20.72 MW OH AP00161294 001218 INDUSTRIA/~ DISTRIBUTION GROUP 11/15/00 29.33 MW OH AP00161295 000908 INLj~ND MEDIATION BOARD 11/15/00 2,151.51 ~5~ OH AP00161296 004718 INT~a~D TOP SOIL MIXES 11/15/00 86.20 MW OH AP00161297 002315 I~ WEOLES~J~E NURSERY 11/15/00 56.03 MW OH AP00161298 002507 INVENSYS BUILDING SYSTEMS INC 11/16/00 9,630.00 ~q OH AP00161299 006367 ISIS PUBLISHING 11/15/00 6.75 ~TW OH AP00161300 032043 J~/qECK, LINDA 11/15/00 35,16 MW OH AP00161301 005059 KINKOS COPIES 11/15/00 82.31 ~TW OH AP00161302 005295 FJuAUS AN73 SONS 11/15/00 92.00 MW OH Ap00161303 003102 KNO~FS BERRY FARM 11/15/00 1,633.00 MW OH AP00161304 001024 KOCH ~L~TERIALS COMP~/gY 11/15/00 81.10 MW OH AP00161305 006090 KONG, SOPHAK 11/15/00 240.00 MW OH AP00161306 000887 KOPITZKE, DAYNE 11/15/00 32.00 MW OH Ap00161307 004982 KORANDA CONSTRUCTION 11/15/00 9,660.75 MW OH CC CITY OF RC IFAS (PROD) 11/15/00 C H E C K R E G I S T E R CHECK REGISTER Page 5 WED, NOV 15, 2000, 4:39 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 10321 #S048 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note FaUSE, JO/%N A KULI IMAGE INC L S A ASSOCIATES INC LAFCO LANDSCAPE WEST INC LAWSON PRODUCTS INC L~AGUE OF CALIFORNIA CITIES LILBURN CORPORATION LITTLE BEAR PRODUCTIONS LI~fLE TIKES COM}{ERCIAL PLJ~Y LONGS DRUGS LUS LIGHTROUSE INC M ~ N INTERNATIONAL INC MMASC MACS SPRING SHOP MACWNIRTER CENCICEROS , LOIS MALOCH, LINDA AP00161308 006516 AP00161309 004764 AP00161310 005545 AP00161311 000899 AP00161312 000321 AP00161313 000849 AP00161314 000197 AP00161315 005884 Ap00161316 005274 Ap00161317 002048 Ap00161318 001455 AP00161319 003156 AP00161320 001883 AP00161321 003987 AP00161322 004896 AP00161323 000879 AP00161324 000886 AP00161325 VOID.CONTIN~3 Void - Continued Stub AP00161326 000549 MARIPOSA HORTICULTURAL ENT IN AP00161327 000072 ~ CHRIS INC MARSHALL PLUMBING MARTINEZ TOWING ~ AUTOMOTIV MATT'S HARDWARE MCGAUGHEY, IRMA MCMASTER CARR SUPPLY COMPANY AP00161328 004727 AP00161329 000250 AP00161330 003871 AP00161331 000884 Ap00161332 001025 11/15/00 220.00 MW OH CC 11/15/00 274.76 MW OH 11/15/00 33,171.41 MW OH 11/15/00 448.00 MW OH 11/15/00 110,008.03 MW OH 11/15/00 315.84 MW OH 11/15/00 120.00 MW OH 11/15/00 7,388.00 MW OH 11/15/00 925.00 MW OH CC 11/15/00 293.60 MW OH 11/15/00 24.21 MW OH 11/15/00 894.50 MW OH 11/15/00 100.47 MW OH 11/15/00 100.00 MW OH 11/15/00 849.26 MW OH 11/15/00 50.00 N~q OH ii/is/oo i5.oo z~ OH ii/15/00 0,00 VM OH 11/15/00 129,129.68 MW OH 11/15/00 612.37 MW OH 11/15/00 973.50 MW OH CC 11/15/00 225.00 MW OH 11/15/00 63.16 MW OH 11/15/00 33.00 MW OH ll/1S/00 218.08 MW OH Void CITY OF RC IFAS (PROD) ll/1S/o0 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, NOV 15, 2000, 4:39 PM --req: CC~DNZALE--leg: GL JL--loc: FIN~NCE---job: 10321 ~S048 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Hame Date Check ~Jnount Type Subs Rel To Note AP00161333 006651 MELENDEZ, TONY 11/15/00 550.00 MW OH AP00161334 002198 MIC}{AELS STORES INC 3019 11/15/00 31.24 MW OH AP00161335 005852 MIDWEST TAPE 11/15/00 304,85 MW OH AP00181336 003860 MOBILE MINI INC 11/15/00 261.84 ~B~ OH AP00161337 002248 NAPA AUTO PARTS 11/15/00 994.25 ~ OH AP00161338 006687 NATIONS RENT 11/15/00 110,13 MW OH AP00161339 004139 NEWSWEEK 11/15/00 24.00 ~ OH AP00161340 000523 OFFICE DEPOT 11/15/00 4,756.15 MW OH AP00161341 000871 OFORIATTA, AS~dgTE 11/15/00 500.00 MW OH AP00161342 006584 OLIVA, PHILIP 11/15/00 160.00 ~F~ OH AP00161343 005482 OMLOR, ~ 11/15/00 45.00 MW OH AP00161344 000232 OMNITPj~NS 11/15/00 306.00 MW OH AP00161345 000224 OR3LMGE COUNTY STRIPING SERVIC 11/15/00 25,873.73 MW OH Ap00161346 000235 OWEN ELECTRIC 11/15/00 10,811.08 g OH AP00161347 002921 P A P A 11/15/00 110.00 ~Sg OH AP00161348 006287 pACIFICARE OF CALIFORNIA 11/15/00 35,838.99 ~ OH Ap00161349 006668 pAINTING THE TOWN 11/15/00 11,468.00 MW OH Ap00161350 006755 pARSONS BRINF~EPj{OFF QU~E ~ 11/15/00 45,838.40 ~q OH Ap00161351 003636 PATTON STEEL 11/15/00 61.63 MW OH AP00161352 006597 pAVEME~F~ RECYCLING SYSTEM 11/15/00 15.00 ~FW OH Ap00161353 032670 PENINSULA LIBRARY SYSTEM 11/15/00 600,00 ~q OH AP00161354 003293 pERFOR~t~NCE AUTO BODY 11/15/00 2,983.87 MW OH AP00161355 004267 PETES RO~ SERVICE 11/15/00 4,114,58 MW OH AP00161356 006774 PIONEER FL~dqUFACTURING 11/15/00 4,179.90 MW OR AP00161357 006148 PIRON, SHALrN 11/15/00 144.00 MW OH CC CC CITY OF RC IFAS (PROD) 11/16/00 C H E C K R E G I S T E R CHECK REGISTER Page 1 THU, NOV 16, 2000, 3:45 PM --req: MS~JaAIZ---leg: GL jL--loc: FINA/qCE---job: 10589 #S049 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161459 003017 STATE OF CALIFORNIA GRAND TOTALS: Total Void Machine Written Total Void Hand Written Total Machine Written Total Hand Written Total Reversals Total Cancelled Checks GRAND TOTAL 11/16/00 30.00 MW OH 0.00 Number of Checks Processed: 0 0.00 Number of Checks Processed: 0 30.00 Number of Checks Processed: 1 0.00 Number of Checks Processed: 0 0.00 Number of Checks processed: 0 0.00 Number of Checks Processed: 0 30.00 CITY OF RC IFAS (PROD) 11/15/00 C H E C K R E G I S T E R CHECK REGISTER Page 7 WED, NOV 15, 2000, 4:39 PM --req: CGONZALE--leg: GL JL--loc: FIN/LNCE---j ob: 10321 ~S048 ..... prog: CK200 <1.37 >--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161358 006206 PI~ING CENTER, THE 11/15/00 11,161.25 MW OH AP00161359 001049 POMONA VALLEY KAWASAKI 11/15/00 1,626.53 MW OH AP00161360 006519 POMONA, CITY OF 11/15/00 700.00 MW OH AP00161361 000693 POWERSTRIDE BATTERY CO INC 11/15/00 689.82 MW OH AP00161362 006399 PREMIER PERSONNEL 11/15/00 2,692.32 MW OH AP00161363 033078 PREPRESS SELECT 11/15/00 161.63 MW OH AP00161364 003286 PRINCIPAL LIFE 11/15/00 70,151.67 MW OH AP00161365 000583 PROTECTION SERVICE INDUSTRIES 11/15/00 188.34 MW OH AP00161366 006664 PSOFL~S 11/15/00 1,179.80 MW OH AP00161367 000418 R M A GROUP 11/15/00 748.75 MW OH AP00161368 000264 RALPHS GROCERY COMP/LNY 11/15/00 17.43 MW OH AP00161369 000894 RAMIREZ, ELOISE 11/15/00 48.00 MW OH AP00161370 012052 Pj~NCHO CUC/~MONGA CO~b"NITY FO 11/15/00 7,325.00 MW OH AP00161371 006673 ROTH STAFFING COMPANIES INC 11/15/00 2,604.88 MW OH AP00161372 012142 SAFETY RESEARCH ASSOCIATES IN 11/15/00 980.48 MW OH Ap00161373 000301 SAN BERN COUNTY SHERIFFS 11/15/00 582,431.99 MW OH Ap00161374 000301 SAN BERN COUNTY SHERIFFS 11/15/00 1,924.38 MW OH Ap00161375 000301 SAN BERN COUNTY SHERIFFS 11/15/00 1,379.07 MW OH Ap00161376 006604 SCHNEIDER, DANIEL 11/15/00 36.72 MW OH Ap00161377 006683 SEAWN ST~L 11/15/00 300.00 MW OH AP00161378 000895 SHURTLEFF,CHRISTINA 11/15/00 20.00 MW OH AP00161379 006349 SMAF SCMAF 11/15/00 135.00 M~q OH AP00161380 000135 SO CALIF M~NICIPAL ATHLETIC F 11/15/00 45.00 MW OH AP00161381 012532 SORRELL, JODI 11/15/00 212.69 MW OR AP00161382 011860 SOUTHERN CALIFOR/qIA TURFGRASS 11/15/00 180.00 MW OH CC CITY OF RC IFAS (PROD) 11/15/00 C H E C K R E G I S T E R CHECK REGISTER Page 8 WED, NOV 15, 2000, 4:39 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---j ob: 10321 #S048 ..... prog: CK200 <l.37>--report id: CKREO--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00161383 003058 AP00161384 003058 AP00161385 000896 AP00161386 004351 AP00161387 000569 Ap00161388 002958 AP00161389 000137 AP00161390 000499 AP00161391 000696 AP00161392 000213 AP00161393 005176 AP00161394 006637 AP00161395 004983 AP00161396 000898 AP00161397 001510 STATE OF C3~LIFORNIA 11/15/00 419.66 ~ OH STATE OF CALIFORNIA 11/15/00 2,000.00 ~F~ OH STEVEN WALKER HOMES 11/15/00 2,500.00 ~ OH TOBIN, RENEE 11/15/00 29.58 MW OH TRAFFIC CONTROL SERVICE INC 11/15/00 35,509.16 MW OH U~4PS ~RE US ASSOCIATION 11/15/00 3,078.75 MW OH VERIZON 11/15/00 1,003.44 ~ OR VISION SERVICE pI~N CA 11/15/00 6,739.56 MW OH W~SLEY, DON~gA 11/15/00 31.02 ~ OH WAXIE 11/15/00 1,592 . 72 ~ OH WEST EN73 KIDS CLUB OF THE YMC 11/15/00 1,812.75 MW OH WEST VALLEY ~{F LLC 11/15/00 1,085.34 MW OH WILSON COMP~NY, H W 11/15/00 111.75 ~q OH WOMACK, LINDA 11/15/00 40.00 MW OH ZETTERBERG, BOB 11/15/00 36.04 MW OH GRAND TOTALS: Total Void Machine Written 0.00 Total Void Hand Written 0.00 Total Machine Written 1411, 227.46 Total Hand Written 0.00 Total Reversals 0.00 Total Cancelled Checks 0.00 G R A N D T O T A L 1411,227.46 Number Of Checks Processed: 1 Number of Checks Processed: 0 Number of Checks Processed: 189 Number of Checks Processed: 0 Number of Checks Processed: 0 Number of Checks Processed: 0 CITY OF RC IFAS (PROD) 11/22/00 C S E C K R E G I S T E R CHECK REGISTER Page 1 WED, NOV 22, 2000, 2:02 PM --req: CGON~LE--leg: GL JL--loc: FINANCE---job: 11545 #S041 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check~uount Type Subs Rel To Note AP00161503 006451 A/~]D A AUTOMOTIVE 11/22/00 1,281.92 MW OH AP00161E04 000001 AA EQUIPMENT RENTALS CO INC 11/22/00 229.90 MW OH Ap0016150E 002732 ABC LOCKSMITHS 11/22/00 53.34 MW OH Ap00161506 005231 /~EF SYSTEMS CONSULTING INC 11/22/00 1,237.50 MW OH AP00161507 001098 AG ENGINEERING INC 11/22/00 276.77 MW OH AP0016150E 005509 AIR CONTROLLED EN'VIROb~4ENTS 11/22/00 123.75 MW OH .AP00161509 000954 ALGALI~ PNOTOGP~GHY AND VIDE 11/22/00 655.12 MW OS AP00161510 006172 ALTA LOMA CHARTER LINES 11/22/00 1,887.50 MW AP00161511 001430 /~RICAN BUSINESS FORMS 11/22/00 2,315.33 MW OH AP00161512 002693 AMTECR ELEVATOR SERVICES 11/22/00 655.36 MW AP00161513 004102 B ~ K ELECTRIC WHOLESALE 11/22/00 1,213.67 MW OH AP00161514 004475 B~S ~ NOBLE 11/22/00 404.60 MW OE AP00161515 001247 BL~ PAPER CO INC 11/22/00 174.09 MW AP00161516 004833 BOOKS ON TAPE INC 11/22/00 204.36 MW OH Ap00161E17 005859 BRE~L~N, CHSRYL 11/22/0o 14.96 MW OR AP00161518 004369 BRODART BOOKS 11/22/00 18.13 MW AP00161519 004410 BURNS INTER/~ATIONAL SECURITY 11/22/00 4,513.99 MW OH AP00161520 006420 C C E C 11/22/00 130.00 MW OH A~00161521 002083 CALIFORNIA SOCIETY OF MUNICIP 11/22/00 100.00' MW OH AP00161522 001223 CALSENSE 11/22/00 413.07 MW OH AP00161523 000823 CARPEON, M~Y 11/22/00 150.00 MW OH Ap00161924 000859 CART GUY, THE 11/22/00 679.28 MW OH Ap00161525 006266 CASTILLO, JESSIE 11/22/00 250.00 MW OH Ap00161526 000069 CFAFFEY JOINT tINION RS DISTRI 11/22/00 17,932.00 MW OH AP00161527 000947 CHARTER COF~ICATIONS 11/22/00 400.00 MW OH CITY OF RC IFAS (PROD) 11/22/00 C H E C K R E G I S T E R CHECK REGISTER Page WED, NOV 22, 2000, 2:02 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 11545 ~S041 ..... prog: CK200 <l.37>--report id: CKREG--- Payee ID. payee Name Check AP00161528 006052 CHARTER COM~3NICATIONS 11/22/00 250.00 MW OH Ap00161529 006052 CFj~RTER COM~ICATIONS 11/22/00 1,807.60 MW OH Ap00161530 000955 CHRISTOPHERSON, ROY 11/22/00 177.00 MW OH AP00161531 003063 CITY CLERKS ASSOCIATION OF CA 11/22/00 260.00 MW OH AP00161532 004279 CIa~RK, DEBOPa 11/22/00 25.70 MW OH AP00161533 006464 COASTAL BUILDING SERVICES INC 11/22/00 43,815.00 MW OH AP00161534 005713 CPRS 11/22/00 140.00 MW OH Ap00161535 000085 CUCAMONGA CO WATER DIST 11/22/00 13,149.76 MW OH Ap00161536 000239 D ~aqD K CONCRETE COMP~_NY 11/22/00 216.04 MW OH Ap00161537 004282 D SEVEN CONSULTING INC 11/22/00 1,000.00 MW OH AP00161538 002512 DARE AMERICA 11/22/00 472.83 MW OH AP00161539 006734 DAVIS, CIHDY 11/22/00 11.73 MW OH AP00161540 000347 DAY TIMERS INC 11/22/00 51.15 MW OH AP00161541 000347 DAY TIMERS INC 11/22/00 46.85 MW OH Ap00161542 004366 DEMCO INC 11/22/00 94.67 MW OH AP00161543 004544 DICK, ERIC 11/22/00 75.00 MW OH Ap00161844 005809 DIETERICH POST COMPANY 11/22/00 395.57 MW OH Ap00161545 004109 DIRECT EDGE INC 11/22/00 11,739.71 ME OH Ap00161546 003779 DORNING, GLENN B 11/22/00 2,550.34 MW OH Ap00161547 003869 DURO, KELLY 11/22/00 250.00 MW OH AP00161548 004937 DYNASTY SCREEN pRINTING 11/22/00 82.49 MW OH Ap00161549 000933 EDGEWISE MEDIA INC 11/22/00 701.57 MW OH Ap00161550 003364 EIGHTH AVENUE GRAPHICS 11/22/00 432.08 ME OH Ap00161551 006444 EL CHICA/qO 11/22/00 405.00 MW OH Ap00161552 090520 EMPLOYMENT SYSTEMS INC. 11/22/00 5,142.22 MW OH Date Check Amount Type Subs Rel To Note CITY OF RC IFAS (PROD) WED, NOV 22, 2000, 2:02 Check Payee ID. AP00161553 000229 AP00161554 005521 Ap00161555 000779 AP00161556 003088 Ap00161557 004879 Ap00161558 004762 Ap00161559 002840 Ap00161560 005288 Ap00161561 005928 AP00161562 000650 Ap00161563 003827 Ap00161564 000442 Ap00161565 000885 Ap00161566 000462 AP00161567 004845 Ap00161568 000158 AP00161569 000092 Ap00161570 000932 Ap00161571 000612 Ap00161572 000929 Ap00161573 006667 AP00161574 000943 Ap00161575 004982 Ap00161576 000941 AP00161577 006578 11/22/00 C H E C K R E G I S T E R CHECK REGISTER Page 3 PM --req: CGONZALE--leg: GL JL-oloc: FINA/gCE---job: 11545 #S041 ..... pro9: CK200 <l.37>--report id: CKREG--- Payee Name EWING IRRIGATION pRODUCTS 11/22/00 1,062.46 MW OH EXPERI~ 11/22/00 50.00 MW OH EZ RENTALS 11/22/00 683.40 MW OH FIRST STOP MOTORSPORTS INC 11/22/00 250.00 MW OS FLEET G~ASS 11/22/00 193.67 MW OH FOOTHILL FAMILY SHELTER 11/22/00 250.00 MW OH FORD OF UPLA/gD INC 11/22/00 174.35 MW OH G~a{RETT CONC CORING ~ SAWIN 11/22/00 570.00 ~ OH GE SUPPLY 11/22/00 1,113.16 MW OH GRAINGER, WW 11/22/00 184.76 MW OH GREEN ROCK POWER EQUIPMENT 11/22/00 499.92 MW OH GUSTAFSON CONSULTING, DAVID 11/22/00 850.00 ~ OH HACKLEY, SUS~a4 11/22/00 11.00 MW OH HCS CUTLER STEEL CO 11/22/00 53.64 MW OH HILLSIDE COMMUNITY CHURCH 11/22/00 1,000.00 MW OH HOLLIDAY ROCK CO INC 11/22/00 661.63 F~ OH INL}agD V}~LLEY DAILY BULLETIN 11/22/00 38.74 MW OH INTERNATIO~AL RIGHT OF WAY AS 11/22/00 165.00 MW OH J~SCHKE INC, C H 11/22/00 589.75 MW OH K C ELECTRIC 11/22/00 1,000.00 ~ OH K.E.C. ENGINEERING 11/22/00 23,067.00 MW OH KAP~IA, MA~ENERA 11/22/00 30.00 MW OH KORAN73A CONSTRUCTION 11/22/00 9,337.50 MW OH I~M, KIN 11/22/00 160.00 MW OH LANDATA AIRBORNE SYSTEMS 11/22/00 323.25 MW OH Date Check Amount Type Subs Rel To Note CITY OF RC IFAS (PROD) 11/22/00 C E E C K R E G I S T E R CHECK REGISTER page 4 WED, NOV 22, 2000, 2:02 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 11545 ~S041 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. payee Name Dane AP00161578 005216 Ap00161579 000849 AP00161580 000200 AP00161581 004000 AP00161582 000549 AP00161583 004727 AP00161584 002248 Ap00161585 000744 AP00161586 000433 AP00161587 000942 AP00161588 000944 AP00161589 031866 AP00161590 000251 AP00161591 000959 AP00161592 006582 AP00161593 000264 AP00161594 000774 AP00161595 000170 Ap00161596 005174 AP00161597 004130 Ap00161598 011898 AP00161599 000276 Ap00161600 000626 Ap00161601 006673 Ap00181602 004704 LAS ROSAS EMMA SORCINI 11/22/00 I~WSON PRODUCTS INC 11/22/00 LOS ANGELES TIMES 11/22/00 M S A 11/22/00 Fd~RIPOSA HORTICULTURAL ENT IN 11/22/00 ~RSH/~LL pLUMBING 11/22/00 N/~PA AUTO pARTS 11/22/00 NATIO~L~L DEFERRED 11/22/00 NIXONEGLI EUIPMENT 11/22/00 pApANTONOPOULOS, JIM 11/22/00 PAEKER, GRACE 11/22/00 PREMIER RC77 LTD 11/22/00 R~LND R AUTOMOTIVE 11/22/00 RADIO SHACK ACCOUNTS RECEIVAB 11/22/00 RAGJ~N, JAMES P RPT 11/22/00 RALPHS GROCERY COMPANY 11/22/00 RAMETTA, PAT 11/22/00 PJ~NCHO CUCA EMP ACTIVITY FUND 11/22/00 R2~NCHO CUCAMONGA F/~MILY YMCA 11/22/00 RBM LOCK/~ND KEY SERVICE 11/22/00 RIVERA, GEORGE 11/22/00 RIVERSIDE BLUEPRINT 11/22/00 ROELES SR, Pj%UL P 1t/22/00 ROTH STAFFING COMPAI~IES INC 11/22/00 RUSE, CHRIS 11/22/00 Check Amount Type Subs Rel To Note 172.50 MW OH 39.99 MW OH 44.82 MW OH 980.00 MW OH 467.63 MW OH 109.00 MW OH 61.65 MW OH 2,553.00 MW OH 256.17 MW OH 60.00 MW OH 44.00 MW OH 1,717.37 MW OH 9,349.69 MW OH 536.41 MW OH 700.00 MW OH 39.77 MW OH 250.00 MW OH 9,000.00 MW OH 500.00 MW OH 108.12 MW OH 54.87 FSq OH 49.96 MW OH 215,50 MW OH 910.00 MW OH 252.45 NM OH CITY OF RC IFAS (PROD) 11/22/00 C H E C K R E G I S T E R CHECK REGISTER Page 5 WED, NOV 22, 2000, 2:02 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 11545 #S041 ..... prog: CK200 <l.37>--report id: CKREG~-- Check AP00161603 AP00161604 001327 SMART AND FINAL 11/22/00 56.76 MW OH AP00161605 000317 SO C3~LIF EDISON CO 11/22/00 87,542.01 MW OH AP00161606 011861 SOROKOWSKI, JON 11/22/00 500.00 MW OH AP00161607 012532 SORRELL, JODI 11/22/00 35.17 MW OH AP00161608 001432 SOUTHERN CALIFORNIA EDISON 11/22/00 47.84 MW OH Ap00161609 003017 STATE OF CALIFORNIA 11/22/00 1,844.00 MW OH Ap00161610 003632 STEELWORKERS OLDTIMERS FOUNDA 11/22/00 1,176.74 MW OH Ap00161611 005685 SURE SHRED DOCUMENT DESTRUCTI 11/22/00 20.00 MW OH Ap00161612 001151 TECHNIC 11/22/00 269.50 MW OH AP00161613 004569 TEES PLUS 11/22/00 477.66 MW OH Ap00161614 001262 TELEQUESTIONS 11/22/0o 800.00 MW OH Ap00161615 005233 UNISTRUT 11/22/00 6,565.02 MW OH Ap00161616 001226 UNITED PARCEL SERVICE 11/22/00 123.98 ~{ OH AP00161617 004558 US GUARDS CO INC 11/22/00 8,322.78 MW OH AP00161618 VOID.CONTINU Void - Continued Stub 11/22/00 0.00 VM OH Ap00161619 006661 VERIZON WIRELESS 11/22/00 6,176.11 MW AP00161620 000137 VERIZON 11/22/00 252.54 bSq Ap00161621 006616 VILIa%GOMEZ, C}L~a{LEI 11/22/0u 54.52 MW Ap00161622 005606 VOLUME SERVICES 11/22/00 270.25 ~ Ap00161623 000948 VONS EMPLOYEE ASSOCIATION 11/22/00 400.00 MW AP00161624 012047 WRIL, K3~REN 11/22/00 500.00 MW AP00161625 000950 YANCY, MICHELLE 11/22/oo 56.00 ~ Payee ID. Payee Name Daue Check Amount Type Subs Rel To Note 005338 S~N BERNARDINO, CITY OF 11/22/00 600.00 ~Sq OH Void OH OH OH OH OH OH OH CITY OF RC IFAS (PROD) 11/22/00 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, NOV 22, 2000, 2:02 PM --reg: CGONZALE--leg: GL JL--loc: FINANCE---job: 11545 #S041 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Dace Check Amount Type Subs Rel To Note GRAND TOTALS: Total Void Machine Written Total Void Hand Written Total Machine Written Total Rand Written Total Reversals Total Cancelled Checks GRAND TOTAL 0.00 0.00 305,499.96 0.00 0.00 0.00 305,499.96 Number of Checks processed: 1 Number of Checks Processed: 0 Number of Checks processed: 122 Number of Checks Processed: 0 Number of Checks processed: 0 Number of Checks processed: 0 State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control 3737 Main Street Suite 900 Riverside, CA 92501 (909)782-4400 DISTRICT SERVING LOCATION: First Owner: Name of Business: Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) File Number: 371583 Receipt Number: 1305101 Geographical Code: 3615 Copies Mailed Date: November 2, 2000 Issued Date:' RIVERSIDE BARBA RICHARD FERNANDO THOMAS WINERY LIQUOR 8045 VINEYARD AVE I-8 RANCHO CUCAMONGA, CA 91730 SAN BERNARDINO Yes 8623 CAROB ST FONTANA, CA 92335 Type of license(s): 21 Transferor's license/name: 332478 /GHAYOUR SAAD Dropping Partner: Yes__ No License · Type Transaction Type Fee Type Master Dup Date Fee 21 OFF-SALE GENERAL PERSON TO PERSON TRANSF NA Y 0 11 / 02 / 00 $1,274.00 21 OFF-SALEGENERAL ANNUALFEE NA Y 0 11/02/00 $446.00 2 t OFF-SALE GENERAL STATE FINGERPRINTS NA N 2 I 1 /0 2 /0 0 $78.00 Total $1,798.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed prem!se will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date: November 2, 2000 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporatiun. named in the foregoing application, duly authorized to make this appIication on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are tme; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or in)ure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Name(s) .~p~.~?~ature(s)Applicant ABC 211 -I ~ ABC 22? - '~o FoZ.l. ov Ctd. cBo 'H.'t, le Compaay 560 ~. n'osp'i t,,e. lj_f,3,' ~:t. Sa.n Be:roa. z'd:jJ~o~, Ca,. c)2./+08 Application: Applicant: Address: Description: Type 21 (Off Sale General); Thomas Winery Liquor Richard Fernando Barba and Angel Nicole Young 8045 Vineyard Avenue, Suite I-8 Existing business; U'ansfer of license; (CUP 97-18) Site and Surroundin~ Zoning: Site: Specialty Commercial North: Specialty Commercial South: Corrmaunity Commercial East: Specialty Commercial West: Community Commercial State of California Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control 3737 Main Street Suite 900 Riverside, CA 92501 (909)782-4400 DISTRICT SERVING LOCATION: First Owner: Name of Business: File Number: 371917 Receipt Number: 1306373 Geographical Code: 3615 Copies Mailed Date: November 15, 2000 Issued Date: RIVERSIDE LANG ROBERT ALLAN GOOD FELLAS FINE CIGARS Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) 8034 HAVEN AVE STE B RANCHO CUCAMONGA, CA 91730 SAN BERNARDINO Yes Type of license(s): 48 Transferor's license/name: 335711 / BRUNCATI BARB Dropping Partner: Yes__ No x License Type Transaction Tvpe Fee Type Master Dup Date Fee 48 ON-SALE GENERAL: PERSON TO PERSON TRANSI: P40 Y 0 11 / 15/00 $1,250.00 48 ON-SALE GENERAL: ANNUAL FEE P40 Y 0 11 / 15 / 0 0 $695.00 48 ON-SALE GENERAL: STATE FINGERPRINTS NA N I 11 / 15 /0 0 $39.00 Total $1,984.00 Have you ever been convicted of a felony? N o Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed pan of this applicatiom Applicant agrees (a) that any manager employed in an on-sate licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN BERNARDINO Date: November 15, 2000 Under penalty of perjury. each person whose signature appears below. certifies and says: (1) He is an applicant. or one of the applicants. or an executive officer of the applicant corporation. named in the foregoing application, duly authorized to make this application on its behalf: (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or,4o defraud or injure any creditor of trlnsferor; (5) that the transfer application may be withdrawn by either the applicant or/~ensee with'no res~'ng liability to the Depart t,, Applicant Name(s) ~ ~/~ ' · -App ' ant Signature(s) "T"'--,---__ . Application: Type 48 (On Sale General-Public Premises) Good Fellas Fine Cigars; Applicant: Robert Allan Lang Address: 8034 Haven Ave, Suite B Description: Existing business; transfer of license (CUP 97-37) Site and Surroundin~ Zoning: Site: General Coramercial North: General Corcaxtcrcial South: General Cowanercial East: Commumty Commercial West: General Commercial RA N C H O C U CA M O N GA :: ,.2.:; ......... :,: ........ POLICE DEPARTMENT Staff Report DATE: December 6, 2000 TO: FROM: BY: SUBJECT: Mayor and Members of the Ran ho Cucamonga City Council Jack Lam, A.I.C.P. City Manage~ Rodney Hoops, Ch:ef of PohL;e David Lau, Admini trative Li ut APPROVAL TO APPROPRIATE $84,172.00, AWARDED BY UNITED STATES DEPARTMENT OF JUSTICE LOCAL ENFORCEMENT BLOCK GRANTS PROGRAM THE LAW RECOMMENDATION Approve acceptance of a grant award in the amount of $84,172.00, and receipt the same into Police Department Revenue Account # 1365000-4740. Additionally, matching funds of $9,352.00 to be appropriated from Expenditure Account # 1001701- 9000 to meet the grant requirements. Total appropriation of $ 93,524.00 to be made out of Expenditure Account # 1365701-5602. BACKGROUND/ANALYSIS The United States Department of Justice Local Law Enforcement Block Grants Program has offered the Police Department funds for equipment and other special needs. This will be the fourth year that the City has received these awards. These funds have been a great benefit to the law enforcement operations in the City. The award approved by the United States Department of Justice would allow the Rancho Cucamonga Police Department to obtain equipment as outlined below. FISCAL IMPACT $84,172.00 in grant funds would be appropriated for the requested equipment along with $9,352.00 in matching funds (1/9th match) required by this grant. z/ l LOCAL LAW ENFORCEMENT BLOCK GRANT - 2000/2001 November 2000 Page Two ADVISORY COMMITTEE The law requires that each law enforcement agency receiving local law enforcement grant funds must establish an Advisory Committee to approve the allocation of the funds. For the past four years, this Committee has consisted of the following members: Jack Lam, City Manager, City of Rancho Cucamonga (Public Official) Dennis Cole, Superior Court Judge (Judiciary) Rodney Hoops, Police Chief (Law Enforcement) Richard Maxwell, Supervising District Attorney (District Attorney) Sonya Yates, Superintendent of Schools (Public Education) Diane Lee-Mitchell, Director YMCA (Community Member) On November 20, 2000, the Advisory Committee met and approved the proposed purchases for the 2000/2001 Local Law Enforcement Block Grant for the City of Rancho Cucamonga. PROPOSEDITEM FORPURCHASE Headsets for Hand-held Radios $10,851.00 30 - model STX @ $137.06 - Lightweight single speaker headsets with boom microphone. 12 - model STX @ $240.50 - Heavy-duty noise attenuating single speaker headsets with boom microphone (specially designed for high-noise environments). 30 - model MTS2000 @ $128.44 - Lightweight single speaker headsets with boom microphone. Mobile Digital Dictation System - Digital Recorders - Black Basket-weave Carrying Cases - Boomerang Transcribe Systems - Intel Voice/Data Server Software $ 48,186.10 UItralyte Laser Radars 8 - Ultralyte 200LR long range laser @ $3995.00 $ 34,486.90 Total Purchases $ 93,524.00 -2- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: TO: FROM: SUBJECT: December 6, 2000 Mayor and Members of the City Council, Jack Lam, AICP, City Manager Diane Young, Records Coordinator ~fi~ Records Retention Schedules RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving records retention schedules for Personnel, Business Licensing, Admin Services/Admin, Admin Services/Treasury, GIS/Special Districts and Facilities Maintenance/Yard. BACKGROUND/ANALYSIS: After a thorough review of the aforementioned departmental/divisional records retention schedules by the Records Coordinator and the affected department staff, several amendments are recommended for implementation. The amendments have been incorporated into the previous schedules, entered in the updated soft~vare program and printed in this new, easier-to-read format. Each department has approved its respective schedule, as submitted for your consideration, and the City Attomey's Office has reviewed and approved each one for legal compliance. The final step to legally validate the amended schedules is approval of the governing body. These six schedules comprise the second group of four that will ultimately address ALL departments and divisions of the City. It is anticipated that another group will be submitted for City Council approval in May of next year. DMY qq RESOLUTION NO. 00-***Z/'/z// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING RECORDS RETENTION SCHEDULES FOR VARIOUS CITY DEPARTMENTS AND DIVISIONS WHEREAS, it has been determined that the City records listed in the attached records retention schedules be retained for the designated periods of time based on their administrative, fiscal, legal and historical values; and WHEREAS, staff from the Department/Division responsible for each record series has reviewed and approved the recommended retention schedule for that Department/Division; and WHEREAS, the City Attorney's Office has determined that each records retention schedule is legally compliant; NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: SECTION 1: That the records retention schedules included in Exhibit "A" attached hereto and made a part hereof are approved. SECTION 2: That the City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, AND ADOPTED this 6th day of December, 2000 AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor Resolution No. 00-*** Page 2 ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, 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, California, at a regular meeting of said City Council held on the 6th day of December, 2000. Executed this 7th day of December, 2000, at Rancho Cucamonga, California, Debra J. Adams, CMC, City Clerk EXHIBIT 'A' Records Retention Schedules for the following Departments / Divisions Personnel Business Licensing Admin Services / Admin Admin Services / Treasury GIS / Special Districts Facilities Maintenance / Yard CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: TO: FROM: SUBJECT: November 15, 2000 James Markman, City Attomey Diane Young, Records Coordinator ~ Recluest for AVVroval of Retention Schedules Attached are proposed retention schedules for six City departments/divisions (listed below), all of which have been reviewed and approved by the Department staff for which they were prepared. Craig Fox, from your office, has reviewed them for legal compliance and provided his recommendations and comments, which have been incorporated into these final versions. Please sign below confirming the City Attorney's approval of the retention schedules. Retention Schedules Included: Personnel Admin Svcs / Treasury Business Licensing GIS/Special Districts Admin Svcs / Admin Facilities Maint / Yard Reviewed for legal compliance: D. Craig Fox, City Attorney's Office November 14, 2000 by: a~me~s~M f/f~flf~v~--¢, CityAttorney Approved , arkman Nov. 15, 2000 City of Rancho Cucamonga Unknown Department Name pERSONNEL Record Title Code Name 4124 5010.2 Individual Personnel Folders 5010.3 5020.5 Retention Schedule Sorted By: Record Title Number DATE:ll/14/2000 TIME:17:50:36 Definition: RETENTION in months E Office Media Event Record Total Vital of Destruction Archive or Code Active Code Center Record Record Method Copy p 24 Separation 36 60 N Shred N 0 Individual employee folders containing records including original employment applicat ion, personnel action forms, evaluations, etc. Does NOT include records documenting exposure to hazardous materials, training records or pre-employment physical examination records (maintained by Risk Mgmt). Also does NOT include records related to ongolng disability, litigation, health claims or reflecting the administration of an employee benefit plan, all of which are filed elsewhere in accordance with the applicable provisions of the Records Retention Schdeule. Citation: 29 CFR 1627.3 (b)(1) (b) (1) Every employer ..- shall, except as provided... keep them for a period of 1 year from the date of the personnel action to which any records relate: {i) Job applications, resumes, or any other form of employment inquiry... (ii) Promotion, demotion, transfer, selection for training, layoff, recall, or discharge of any employee, (iii) Job orders submitted by the emp%oyer to an employment agency or labor organization for recruitment of personnel for job openings, {iv) Test papers completed by applicants or candidates for any position which disclose the results of any employer-administered aptitude or other employment test considered by the employer in connection with any personnel action, (v) The results of any physical examination where such examination is considered by the employer in connection with any personnel action, (vi) Any advertisements or notices to the public or to employees relating to job openings, promotions, training programs, or opportunities for overtime work. Citation: A/D NO legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) Original personnel policies & Regulations P 24 Supersede 24 48 Y Scan/Recyc Y 0 Definition: The official personnel regulations and policies related to administering all aspects of the City's human resources functions. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text Of GC 34090 for exceptions-) Citation: A/D No legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) Salary & Classification Surveys P 24 Active/Curren 0 24 N Recycle N O t Definition: Surveys conducted by the personnel division to determine classification titles, job responsibilities and appropriate salary schedule placements for City positions. Class Page: 1 City of Rancho Cucamonga Unknown Department Name pERSONNEL IRecord Title 5030.3 5090.3 5090.4 Retention Schedule Sorted By: Record Title Number DATE:ll/14/2000 TIME: 17:50:36 4124 RETENTION in months ~ i Office Destruction Code Name Media Event Record Total Vital of Archive Code Active Code Center R cord Record Method Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Job Descriptions p 24 Supersede 0 24 N Recycle N Definition: Detailed descriptions of all City classifications including job responsibilities, education and other qualification requirements. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text Of GC 34090 for exceptions.) personnel Recruitment p 24 Active/Curren 12 36 N Shred N t Definition: Records pertaining to recruitment for specific job classifications. Includes job announcements, employment applications of candidates, test and interview materials, rating sheets. Citation: 29 CFR 1627.3 {b)(1) (b) (1} Every employer ... shall, except as provided... keep them for a period of 1 year from the date of the personnel action to which any records relate: (1) Job applications, resumes, or any other form of employment inquiry... (ii) Promotion, demotion, transfer, selection for training, layo£f, recall, or discharge of any employee, {iii) Job orders submitted by the employer to an employment agency or labor organization for recruitment of personnel for job openings, (iv) Test papers completed by applicants or candidates for any position which disclose the results of any employer administered aptitude or other employment test considered by the employer in connection with any personnel action, (v) The results of any physical examination where such examination is considered by the employer in connection with any personnel action, {vi) Any advertisements or notices to the public or to employees relating to job openings, promotions, training programs, or opportunities for overtime work. EEOC / Affirmative Action p 36 Active/Curren 84 120 N Shred Y t Definition: Data collected during the recruitment process regarding Equal Opportunity Employment and used to prepare the EEO-4 report. Citation: 29 CFR 1602.30 Regarding report EEO 4 as required by 29 CFR 1602.32: "Such reports and the information therefrom shall be retained at all times for a period of 3 years at the central Office of the political jurisdiction..-" Original or Copy 0 0 Class Page: 2 City of Rancho Cucamonga Unknown Department Name pERSONNEL IRecord Title Code 9010.5 Grievance Files Definition: Retention Schedule Sorted By: Record Title Number DATE:11/14/2000 TIME:17:50:36 4124 ~ original RETENTION in months Office Destruction Name Media Event Record Total Vital Of Archive or Code Active Code Center Record Record Method Copy Citation: 29 CFR 1602.31 "Any personnel or employment record made or kept by a political jurisdiction ..... shall be preserved by the political jurisdiction for a period of 2 years from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of 2 years from the date of termination." NOTE: Retention is extended "when a charge of discrimination has been filed, or an action brought by the Attorney General...under title VII or the ADA" until final disposition of the charge or the action. Citation: A/D NO legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) p 60 Active/Curren 60 120 N Shred N O t Grievance actions generated by an employee or group of employees. [itation: 29 CFR 1602.31 "Any personnel or employment record made or kept by a political jurisdiction ..... shall be preserved by the political jurisdiction for a period of 2 years from the date of the making of the record or the personnel action involved, whichever occurs later. In the Case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of 2 years from the date of termination." NOTE: Retention is extended "when a Charge of discrimination has been filed, or an action brought by the Attorney General,..under title VII or the ADA" until final disposition of the charge or the action. Citation: A/D No legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records,) Page: 3 City of Rancho Cucamonga Unknown Department Name BUSINESS LICENSING Record Title Code Name 1020.5 1020.6 12060.4 4020.6 4020.7 Retention Schedule Sorted By: Record Title Number 4152 DATE:11/14/2000 TIME:17:49:38 % ~ Original RETENTION in months Office Destruction Archive or Media Event Record Tota Vital Of Method Copy 1 R c rd Record Code Active Code Center e o General Correspondence p 24 Current Year 0 24 N Shred N O Definition: General, chronological correspondence, not specific to any particular project or other specified record series. Citation: GC 34090 Sets forth authorization for City council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.} Accounts Registers p 24 Supersede 0 24 Y Shred N 0 Definition: Computer printouts of business license accounts, such as listings by street address, by business name, etc. Citation: GC 34090 sets forth authorization for City Council and city Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text Of GC 34090 for exceptions.) Renewal Register p 24 Current Year 0 24 N Shred N O Definition:Computer printout of business license accounts that are due for renewal. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text Of GC 34090 for exceptions.} Taxicab Operations Files p 24 Active/Curren 0 24 N Shred N O t Definition: Business license permits issued to taxicab operators pursuant to Chapter 8.30 of the municlpal code. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.} License and permit Accounts p 24 Active/Curren 0 24 Y Shred N O t Definition: 13. Business License Accounts; 2 3. Bicycle License Accounts (Part of license program but NOT a business license); 3 3, Solicitation Permits. Records include applications, backup documentation required to approve/issue license or permit, renewals, audits and correspondence related to each individual account. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions, {Refer to text of GC 34090 for exceptions.) Massage permits/Permit Fees p 24 Active/Curren 0 24 N Shred N 0 t Securit~ Class Page: i City of Rancho Cucamonga Unknown Department Name IRecord Title Retention Schedule Sorted By: Record Title Number DATE:ll/14/2000 TIME:IT:49:38 BUSINESS LICENSING 4152 RETENTION in months ~ ie Office Code Name Media Event Record Total Vital Of Destruction Archive Code Active Code Center R cord Record Method Definition: Business license permits issued to massage parlors and massage technicians pursuant to Chapter 9.24 Of the municipal code. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. {Refer to text Of GC 34090 for exceptions-) Original or Copy Page: 2 CitV of Rancho Cucamonga Unknown Department Name IRecord Title 1020.1 General Correspondence Definition: ADMIN SERVICES/ADMIN Code Name 12050.5 Mail processing Definition: 9010.6 Meet and Confer Definition: Retention Schedule Sorted By: Record Title Number DATE:ll/14/2000 TIME: 17:50:02 4150 Media Code P ~ % ~ Original RETENTION in months Office Destruction Active Event Record Total Vital of Archive or Code Center R cord Record Method Copy 24 Current Year 0 24 N Shred N 0 General, chronological correspondence, not specific to any particular project or other specified record series. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.} p 24 Current Year 0 24 N Recycle N 0 Log itemizing quantity of outgoing mail. Citation: GC 34090 Sets forth authorization ~or City Council and City Attorney to approve destruction of city records other than those listed as exceptions- (Refer to text of GC 34090 for,exceptions-) p 24 Current Year 36 60 N Shred Correspondence, reports, notes, etc. generated or Collected during the Meet and Confer process. include the final, approved MOU'S, which are On file in the City Clerk's Office.) Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Citation: A/D NO legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.} N (Does NOT Cla s Page: I City of Rancho Cucamonga Unknown Department Name IRecord Title 4030.8 BAMTRAC Retention Schedule Sorted By: Record Title Number Admin Services / Treasury 4140 4030.9 4080.1 4080.2 4080.4 Code Name DATE:11/14/2000 TIME:17:54:00 RETENTION in months ~ ~ Office Original Media Event Record Total Vztal of Destruction Archive or Code Active Code Center R cord Record Method Copy p 24 Current Year 60 84 N Shred N 0 Definition:Daily cash management reports from Bank of America. Citation: GC 34090 Sets £orth authorization for City Council and City Attorney to approve destruction Of city records Other than those listed as exceptions. (Refer to text Of GC 34090 for exceptions-) Citation: A/D No legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) Wire Transfer Confirmations p 24 Current Year 0 24 N Shred N 0 Definition:Signed confirmations of wire transfers for City and RDA financial transactions- Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Cash Flow Investment Records p 24 Active/Curren 96 120 Y Shred N 0 t Definition: Records detailing investments at specific financial institutions and Bank of America general correspondence. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Citation: A/D No legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) Local Agency Invest Fund p 24 Current Year 96 120 N Shred N 0 Definition: Monthly and quarterly statements detailing transactions of the City's pooled investment accounts. Also includes account summaries. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions-) Citation: A/D No legal statute applicable, OR staff opts to retain records longer than the minimum established by statute, (Length of retention based on administrative value of the records.} Investment Portfolio Mg~at Reports p 24 Current Year 36 60 N Shred N O Securit'a Class Page: 1 City of Rancho Cucamonga Unknown Department Name Admln Services / Treasury Record Title Code Name Retention Schedule Sorted By: Record Title N~unber 4140 DATE:ll/14/2OUO TIME:17:54:00 7040.5 % RETENTION in months % ~ Office Original Media Vital of Destruction Archive or Code Active Event Record Total Method Copy Code Center R cord Record Definition: Cash/Investment portfolio assets reports. Includes investment market pricing and valuation backup documents. ~itation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions-) Citation: A/D No legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) Finance Vault Key Log p 24 Current Year 0 24 N Recycle N O Definition:Written lo9 documenting entry to the Finance Dept. vault. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. {Refer to text of GC 34090 for exceptions.) Page: 2 City of Rancho Cucamonga Unknown Department Name SPECIAL DISTRICTS Record Title Code Name 1020.1 2050,2 4010.3 4012.1 Retention Schedule Sorted By: Record Title Number DATE:11/14/2000 TIME:iT:50:19 4131 ~ ~ Original ~ ~ RETENTION in months Office Destruction Archlye or Securxty Media Event Record ota Vital of Method Copy Cla s T 1 Re rd Record Code Active Code Center co Dept,1 General Correspondence p 24 Current Year 0 24 N Spc'l Shred N O Definition:incoming and outgoing general correspondence and inter-office memos, not specific to a particular Special District. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text Of GC 34090 for exceptions.) Dept'l. Budget Working Papers p 24 Current Year 0 24 N Spc'l. Shred N 0 Definition: Includes correspondence and backup documents for departmental budget preparation. may also include DUPLICATE copies of requisitions, purchase orders, invoices, etc. used for reference purposes only. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Citation: A/D NO legal statute applicable, OR staff Opts to retain records longer than the minimum established by statute. (Length of retention based on administrative value of the records.) Spc'l District Formation Records p 120 Exp/Compl/Ter 0 120 Y Spc'l Scan y 0 m Definition:All records documenting the formation of all Special Districts, including LMD'S and SLD's. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) District Files - by District # p 24 Exp/Compl/Ter 96 120 Y Shred N O m Definition: All records specific to each Special District, including Assessment Tax Roll, exceptions and corrections, appropriations, adjustments and correspondence, prepayment requests and parcel lists re-numbered by the County. NOTE: Also includes tax roll and assessment listings for the LMD'S and SLD's. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions-) Page: i Retention Schedule Sorted By: Record Title Ntunber DATE:ll/16/2000 TIME:09:09:42 City of Rancho Cucamonga ~ Unknown Department Name FACILITIES M3%INT/YARD 4245 RETENTION in months ~ Office Original IRecordTitle Cede Nan~e Media Event Record ota Vital of Destruction Archive Or Securit} T 1 Re rd Record Method Copy Class Code Active Code Center co 1020.1 General Correspondence p 24 Current Year 0 24 N Shred N O 11800.1 14041.0 14041.1 14041.2 Definition: Incoming and outgoing correspondence and inter-office memos that are not specific to a particular project or. process (which are filed with the appropriate project/process records)- Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Graffiti Abatement p 24 Current year 12 36 N Shred N O Definition: Records of gra~fiti removal, including photographs, throughout the City. Citation: CCP 338 Sets forth a 3 year statute of limitations within which a legal action may be brought against a defendant. Service Order Requests p 36 Active/Curren 24 60 N Shred N 0 t Definition: Requests ~rom residents and City staf~ for service to City facilities, street trees, graffiti removal or street maintenance. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Citation: A/D NO legal statute applicable, OR staff opts to retain records longer than the minimum established by statute- (Length of retention based on administrative value of the records.) Vehicle Operators Daily Checklist p 36 Current Year 0 36 N Shred N O Definition: Daily log for each Public Works vehicle used, detailing purpose, location and mileage. Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 Eor exceptions.) Citation: A/D NO legal statute applicable, OR staf~ opts to retain records longer than the minimum established by statute- (Length of retention based on administrative value of the records.) Employee Activity Sheets p 24 Current Year 0 24 N Shred N O Definition: Employee's daily activity reports detailing their hours, locations, work perfomed, equipment used, etc. (In Scantton format) Page: 1 City of Rancho Cucamonga Unknown Department Name IRecord Title 16010.4 16010.8 16010.9 16020 Retention Schedule Sorted By: Record Title Number DATE:11/16/2000 TIME:09:09=42 FACILITIES MAINT/YARD 4245 ~ RETENTION in months % Office Original ~ ~ Code Name Media Event Record Total Vital of Destruction Archive or Security Code Active Code Center Record Record Method Copy Cla s Citation: GC 34090 Sets forth authorization for City Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Park Safety Inspection Checklist p 24 Current Year 12 36 N Shred N 0 Definition: Daily maintenance checklist for City parks and tot-lots, detailing inspections conducted, deficiencies found and corrective measures taken. Citation: CCP 342 Refers to the tort claims act in GC 945.6 which sets forth the time limitation within which a claim against a public entitity can be filed. pesticide Application Forms p 36 Current Year 0 36 N Shred N O Definition: Pesticide use records detailing who applied the chemicals, location, quantity and the chemical information. Citation: B&P 8505.13 The log "A registered company shall maintain a log of each fumigation job performed by it in this state. shall be in the form required by the regulations of the board and shall be preserved for a period of at least three years..." Monthly pesticide Use Reports p 36 Current Year 0 36 N Shred N 0 Definition: Monthly summary report (pursuant to Health and Safety Code 100575) of pesticide applications performed by City staff. Citation: B&P 8505.13 The log "A registered company shall maintain a log of each fumigation job performed by it in this state. shall be in the form required by the regulations of the board and shall be preserved for a period of at least three years..-" Eazardous Waste Manifests p 60 Current Year 60 120 N Shred N O Definition: Documentation detailing the collection, disposal, destruction and/or transfer of hazardous waste from City facilities- Citation: 40 CFR 262.40(a) '~A generator must keep a copy of each manifest signed in accordance with Section 262.23(s} for three years or until he receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter.,l Section (d) adds language regarding retention "during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator." Page: 2 City of Rancho Cucamonga Unkno~rn Department Name Record Title Retention Schedule Sorted By: Record Title Number 6010.4 6060.3 DATE:11/16/2000 TIME:09:09:42 FACILITIES MAINT/YARD 4245 ..- % RETENTION in months ~ Office Original ~y~ Code Name Media Event Record Total Vital of Destruction Archive or Security Code Active Code Center Record Record Method Copy Class Citation: A/D · NO legal statute applicable, OR staff opts to retain records longer than the minimum established by statute. (Length Of retention based on administrative value of the records.) Departraental Budget Working Papers p 24 Current Year 0 24 N Recycle N Definition: Departmental budget papers including copies of requisitions, purchase orders, invoices and packing slips. Used for reference only (originals on file in Finance and/or purchasing). Citation: GC 34090 Sets forth authorization for city Council and City Attorney to approve destruction of city records other than those listed as exceptions- (Refer to text of GC 34090 for exceptions.) Equipment Maintenance Records p 24 Active/Curren 0 24 Y Recycle N O t Definition: Records of preventative maintenance, smog and opacity inspections, unscheduled repairs and dielectrical certifications. (NOTE: Retention begins when equipment is retired from the City fleet.) Citation: GC 34090 Sets forth authorization for city Council and City Attorney to approve destruction of city records other than those listed as exceptions. (Refer to text of GC 34090 for exceptions.) Page: 3 the city of .-.-~..~'~-~r--~ -.' ~t'Zt~':' ', ' """'~"'~r~'e~'~:~ax~c: ' Rancho Cucamonga Staff Report DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Debra Meier, AICP, Contract Planner PUBLIC CONVENIENCE AND NECESSITY 00-04 - TARLOS & ASSOCIATES - Consideration of a request to make a determination of Public Convenience and Necessity for the issuance of a Type 47 Alcoholic Beverage License, for on-site consumption of alcoholic beverages at a proposed 7,300 square foot restaurant, "On the Border," which will be located on the north side of Foothill Boulevard within the Terra Vista Town Center, in the Community Commercial (CC) Distdct of the Tetra Vista Community Plan - APN: 1077-421-82 and 83. Related File Conditional Use Permit 00-39 and Development Review 0046. RECOMMENDATION Approve the determination of "Public Convenience and Necessity" through adoption of the attached Resolution and forward a copy to the Department of Alcoholic Beverage Control (ABC). ANALYSIS A. BackGround: Tados & Associates on behalf of "On the Border' restaurant, received a previous approval for the development of a proposed 7,300 square foot full service bar and restaurant located on the north side of Foothill Boulevard within Terra Vista Town Center. In addition, the applicants also received approval of Conditional Use Permit 00-39 permitting the on- site consumption of alcoholic beverages as an ancillary function of the restaurant. The City Planner approved CUP 00-39 on November 7, 2000. B. ReQuirements from Department of Alcoholic Beveraqe Control: The Department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each Census Tract. The limits are calculated based on the ratio of liquor licenses to population of the Census Tract. According to the ABC staff the limit for Type-47 licenses (on-sale general eating place) in this Census Tract is six, currently there are 11 active licenses, and therefore a finding of Public Convenience and Necessity is required. In addition, the ABC staff has informed us that a finding of Public Convenience and Necessity (PCN) CITY COUNCIL STAFF REPORT PCN 00-04 - TARLOS & ASSOCIATES December 6, 2000 Page 2 In addition, the ABC staff has informed us that a finding of Public Convenience and Necessity (PCN) is also required by the local agency (as governed by Section 23958 of the Business and Professional Code), due to a moratorium on all new ABC licenses within San Bernardino County. The legislation purposely left the term "Public Convenience and Necessity" undefined so that the local legislative body, in this case the City Council, would have the greatest latitude for discretion based on the local conditions and circumstances. FACTS FOR FINDING The following facts support the requested "Public Convenience and Necessity": 1. A full-service restaurant and bar, featuring the on-site consumption of alcoholic beverages, is a common and accepted business practice. 2. The site, located on the north side of Foothill Boulevard within the Terra Vista Town Center, is sited along a major boulevard that is suited for the full-service restaurant and bar. 3. The site is not within 1,000 feet of sensitive uses, such as child care facilities, schools or residences. 4. On November 7, 2000 the Conditional Use Permit 00-39 was approved for a Type 47 - (on-sale general eating place) ABC License, allowing on-site consumption of alcoholic beverages. 5. Rancho Cucamonga residents would be afforded additional dining opportunities for personal convenience by the establishment of the On the Border restaurant and bar. CORRESPONDENCE Notices have been sent to all property owners within 300-feet of the site; and to all business establishments within Terra Vista Town Center. To date, no comments or concerns have been received in response to the notices. CONCLUSION Based on the above analysis, staff finds the issuance of an BAC License for on-site consumption of alcoholic beverages in conjunction with the operation of the On the Border restaurant, will not have a negative impact to uses in the surrounding area. Staff recommends approval of the attached Resolution. City Planner BB:DM\Is Attachments: Exhibit "A" - City Planner Staff Report with attachments dated November 7, 2000 Resolution of Approval THE CITY OF I~ANCIIO CUCAMONGA StaffRqz rt DATE: November 7, 2000 TO: Brad Buffer, City Planner FROM: Alan Warren, AICP, Associate Planner BY: SUBJECT: Debra Meier, AICP, Contract Planner CONDITIONAL USE PERMIT 00-39 - TARLOS & ASSOCIATES - A request to allow the serving of alcoholic beverages at a proposed 7,300 square foot restaurant, "On the Border," which will be located on the north side of Foothill Boulevard within the Terra Vista Town Center, in the Community Commercial (CC) District of the Terra Vista Community Plan - APN: 1077-421-82 and 83. Related Files: Public Convenience or Necessity 00-04 and Development Review 00-46. ANALYSIS: A. General: The applicant has an apprcved Development Review (DR 00-46) for a 7,300 square foot restaurant along Foothill Boulevard in the Terra Vista Town Center. The applicant, Tados & Associates, on behalf of "On the Border" restaurant, will be required to file a Type 47 Con- sale general eating place") application with the Department of Alcoholic Beverage Control to obtain the proper license for on-site consumption of alcoholic beverages. B. Land Use ComDatibilitv: The premise of this Conditional Use Permit is to ensure the compatibility of the proposed restaurant and bar with the adjacent uses, and separation of any potential nuisance activities. This is one of the last remaining undeveloped pads within Terra Vista Town Center along Foothill Boulevard. Other similar uses within the center include Chili's restaurant and Romano's Macaroni Grill. Other similar restaurapts in the immediate vicinity include Applebee's Neighborhood Grill and Bar, located on the south side of Foothill Boulevard at Aspen Street, and Mimi's Caf~ located on the south side of Foothill Boulevard at Spruce Avenue. Terra Vista Town Center includes a variety of retail uses ranging from large users such as Target, Mervyn's, and Wards, to smaller specialty and apparel stores along with small restaurants such as Subway sandwiches and Rubio's Baja Grill. The proposed "On the Border" restaurant appears to be a compatible addition to the existing uses on-site and in the immediate area. This request for approval to serve alcoholic beverages within the bar and restaurant does not include any requests for nightclub style entertainment or dancing. The CITY pLANNER STAFF REPORT CUP 00-39 - TARLOS & ASSOCIATES November 7, 2000 Page 2 request is in keeping with the type of dining establishments and alcoholic beverage service, which is compatible with the surrounding land uses and with the land use regulations for the Community Commercial District. The site is located in Census Tract 20.06. The department of Alcoholic Beverage Control (ABC) regulates the distribution of liquor licenses by setting limits on the various types of licenses in each census tract. The limits are calculated based on the ratio of liquor licenses to the population of the census tract. According to the ABC staff, the limit for licenses within this census tract is six on-sale and six off-sale, Currently there are 11 active on-sale licenses, and four active and one pending off-sale licenses. Therefore, this census tract is over concentrated with on-sale licenses. In addition, the ABC staff has also informed us that a finding of Public Convenience and Necessity (PCN) is required regardless of the concentration within the census tract, due to a moratorium that has been placed on all new licenses within San Bernardino County. C. Parkin.q: During the review of DR 00-46, it was determined that the appropriate number of parking spaces, as required by the City of Rancho Cucamonga Development Code, will be available upon development of the project. D. Hours of Operation: The applicant has indicated that "On the Border" is proposed as a full service bar and restaurant and will be open daily between the hours of 10:00 a.m. to 12:00 a.m. E. Environmental Assessment: The application is exempt per Section 15301 of the California Environmental Quality Act. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within 300 feet and to all existing businesses within Terra Vista Town Center. RECOMMENDATION: Staff recommends that the City Planner approve Conditional Use Permit 00-39 through adoption of the attached resolution. Respectfully submitted, Alan Warren, AICP Associate Planner AW:DlvlVna Attachments: Exhibit "A" - Letter from Applicant Dated September 27, 2000 Exhibit "B" - Site Plan Exhibit "C" - Census Tract and Location Map Resolution of Approval for Conditional Use Permit 00-39 TARLOS ASSOCIATES ARCHITECTS ~ ENGINEERS AIA. ARA 17802 MITCHELL NORTH, IRV}NE CA 92614 [] TEL: (949) 250--4117 D FAX [949) 250-1676 [] E-mail: tarlos~aol.corn S~ptember 27, 2000 City ofRancho Cucamonga Community Development I)gparlment 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Received tint Z] 2000 City of Flancho Cucemonge · Planrang Dlva~aor, RE: On the Border Mexican Restaurant To V;'hom It May Concern: The proposed subject project is a single story full service 'Tex-Mex' restaurant with a full bar. The restaurant will be open ~rom 10:00 a.m. until 12.00 a.m., seven days a week~ There will be a maximum of 25 employees per shift. We are applying for a Conditional Use Permit for liquor license. Very Truly Yours, Project Manager Tarlos 8~ Assoc. X/--11 IT' d ::'0...-" 0 O""'O t !1 ! I .} RESOLUTION NO. 0~- 2//J~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY AND A REQUEST FOR THE ISSUANCE OF AN ALCOHOL BEVERAGE LICENSE WITHIN A FULL SERVICE RESTAURANT, LOCATED ON THE NORTH SIDE OF FOOTHILL BOULEVARD WITHIN THE TERRA VISTA TOWN CENTER AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 1077421-82 AND 83. A. Recitals. 1. Tados & Associates filed an application for a Type 47 ABC license (on-sale general eating place) from the Department of Alcoholic Beverage Control. 2. Section 23958 of the Business and Professional Code requires the City of Rancho Cucamonga to make a determination that the issuance of the said license will seTvice the public convenience or necessity. 3. On the 6th day of December, 2000, the City Council of the City of Rancho Cucamonga reviewed said application prior to the adoption of this Resolution. 4. All legal prerequisites 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 fads set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council dudng the above-referenced meeting on December 6, 2000, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The serving of alcoholic beverages for on-site consumption is a common and accepted business practice in conjunction with a full service restaurant; and b. The site, located on the north side of Foothill Boulevard within Terra Vista Town Center is along a major artedal and is suited for this type of full service restaurant; and c. On November 7, 2000, Conditional Use Permit 00-39 was approved for a Type 47 ABC license, allowing the on-site consumption of alcoholic beverages within a restaurant. d. Rancho Cucamonga residents would be afforded more eating and drinking opportunities for personal convenience. 3. Based upon the findings set forth in paragraphs 1 and 2 above, this Council concludes that the on-site consumption of alcoholic beverages in conjunction with a full service restaurant will not have a negative impact to the surrounding uses. CITY COUNCIL RESOLUTION NO. PNC 00-04 - TARLOS & ASSOCIATES "ON THE BORDER" December 6, 2000 Page 2 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3 above, this council hereby determines that the issuance of a license for on-site consumption in conjunction with a full service restaurant will serve the public convenience or necessity. 5. The City Clerk shall certify the adoption of this resolution. RANCHO AD~INISTRATIVE CUCAMONGA ~ERVICES December 6, 2000 Mayor and Members of the City Council Jack Lam, City Manager Lawrence I. Temple, Administrative Services Department City Web Site Policy Recommendation: It is recommended that the City adopt and approve the attached web site guide the operation of the City's web site. policy to BackGround: Over a period of time, the City has developed and enhanced its web site to provide information to the community on tourism, City services and economic welfare, In furtherance of a defined policy, staff has developed a new City policy on external links to the City's web site. The policy provides for the dissemination of information to the community, criteria for permitted external links, and application or trademark and copyright requirements of the City. With approval, staff will place this new policy on the City's web site and lift the existing web site link freeze. The policy is intended to clarify the City's role in providing information to the community. Respectfully submitted, Lawrence I. Temple Administrative Services Director CITY OF RANCHO CUCAMONGA EXTERNAL WEBSITE LINK POLICY The City of Rancho Cucamonga permits the establishment of links to extemal websites on the City's official website solely in conformance with this policy. In establishing and maintaining its official website, the City does not intend in any manner to create a forum or other means by which public discourse, exchange of opinions, or discussion on issues of any nature may occur. Rather, the sole and limited purpose of the City's website and permitted external links is to provide non-political and/or non- religious information of a factual nature about the City of Rancho Cucamonga including various services and resources available within and around the City, or as may be available from other governmental agencies. To avoid any perception that the City endorses or provides favorable treatment to any private person or business enterprise, no corporate or commercial logos or direct links to vendor sites are allowed. Consistent with the foregoing policy, it is the City's policy to limit extemal links to the following kinds of entities and organizations: 1. Chamber of commerce and/or Visitors Bureau; 2. Other governmental agencies; 3. Hospitials; Museums, libraries, historical organizations and similar kinds of established, bona fide organizations that provide cultural resources to residents and visitors of the City; Public and private, bona fide educational institutions as defined in Education Code § 210.1, or as described in Education Code § 66010(a) and (b), located within San Bernardino County; and Entities and organizations whose primary purpose is to provide the location, telephone number and/or description of City of Rancho Cucamonga hotels, restaurants, tourist attractions and similar kinds oftourism information. Entities and organizations wishing to establish external links on the City's official web site must submit an application on a form provided by the City department which shall contain all information necessary to verify the facts stated and as may be necessary to establish that the proposed link is in compliance with this policy. The City ofRancho Cucamonga reserves the right to 1) deny an external link application as to any person, business or organization when it is determined, following review of a complete application, that the entity or organization for which application is made does not meet the criteria set forth in this policy; 2) deny an external link application as to any person, business or organization which fails to provide all required information, or fails to provide truthful information; 3) remove any external link if the nature of the organization or business to which the link relates no longer complies with the City's external link 11231\0001X630445 7~ policy; or 4) to revise this policy without prior notice when to do so is deemed to be in the best interests of the City. The Rancho Cucamonga Logo is a trademark of the City of Rancho Cucamonga. Any use of the materials stored on the City's website is prohibited without the written permission of the City ofRancho Cucamonga. The City of Rancho Cucamonga retains all intellectual property rights including copyrights on all text, graphic images and other content. This means that the following acts or activities are prohibited without prior, written permission from the City ofRancho Cucamonga: 1) modify and/or re-use text, images or other web content from a City server; 2) distribute the City's web content; or 3) "mirror" the City's information on a non-City server. The materials and information contained on or obtained f~om this web site, are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Information contained on this website, including information obtained tiom external links thereon, is provided without any representation of any kind as to accuracy and should be verified by the user. The City of Rancho Cucamonga is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the website and/or the materials contained on the site whether the materials contained on the website are provided by the City ofRancho Cucamonga, or a third party. 11231\0001\630445 RANCHO CUCAMONGA ENGINEERING DEPARTHENT Shelf Report DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Robert Lemon, Assistant Engineer Authorization to File for Reimbursement in Local Transportation Fund, Article 3 Grant Funds Administered by SANBAG for the Construction of Pedestrian Facilities RECOMMENDATION: It is recommended that the City Council authorize the filing for reimbursement in grant funds from the San Bernardino Associated Governments (SANBAG) for the construction of pedestrian facilities in accordance with Article 3, Section 99234a of the California Public Utilities Code. BACKGROUND/ANALYSIS: The California Public Utilities Code provides for the reimbursement of construction costs of facilities provided for the exclusive use of pedestrians and bicycles. The City of Rancho Cucamonga pursued three separate projects that quali~ for reimbursement, including ADA Access Ramp and Drive Approach improvement Projects and a separate access ramp project coordinated by Public Works personnel. A combined totai of 83 access ramps, with reimbursabie costs of $13,311.82, were constructed and this Council action is necessary in order for the City to file for reimbursement of these funds that are administered by SANBAG. Respectfully Submitted, City Engineer WJO:rl RANCHO CUCAMONGA ENGINEEI~ING DEDAI~TMENT s fReport DATE: FROM: BY: SIJBJECr~ December 6, 2000 Mayor and Members of City Council Jack Lam, AICP, City Manager William J. O 'Neil, City Engineer Laura J. Bonaccorsi, Associate Park Planner APPROVAL OF APPLICATIONS FOR GRANT FUNDS FROM THE TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM AND THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM FOR THE METROL1NK STATION BEAUTIFICATION PROJECT RECOMMENDATION: It is recommended that City Council approve the attached Resolutions approving applications for grant funds from the Transportation Enhancemere Activities (TEA) Program and the Environmental Enhancement and Mitigation (EEM) Program, for the Rancho Cucamonga Metrolink Station Beautification Project. BACKGROUND/ANALYSIS Applications for the 2001-2002 TEA and EEM cycles and the are being considered by San Bemardino Associated Governments (SANBAG), CalTrans and the State Resources Agency. Both the TEA and the EEM funds are reimbursable programs, with the TEA requiting matching funds. Funding for the Metrolink Project is being concurrently sought fxom both grants. Respectfully submitted, W~l~J.O~eil City Engineer Attachments L,~..JINL. IZr' I: Replace the weeded, undevelopab~e lot adjacent to the slalion's norlh platform with a culturally rich backdrop.of the region's agricultural and natural ~andscape heritage. The landscaping will add a finished edge to the station that screens industriaJ views while also providlng a needed windbreak for station users and a sense of community gateway. Communlty-themed arl (not funded by grant mon]es) and pedestrian amenilies w;ll provide further enrichment to make the station a rewarding landmark for both active and passive users. EUCALYPTUS WINDROW/SCREEN SPUR LINES UNDEVELOPED LAND !CT BOUNDARY FENCING ~VEL MAINTENANCE PATHWAYS UNDERPASS LANDSCAPING (ADJACENT TRANSPORTATION pROJEC1 VINEYARD OLIVE GROVE COMBINATION STONE WALL/FENCE CALIFORNIA NATIVE LANDSCAPE AREA WITH CALIFORNIA SYCAMORES, CANARY ISLAND PINES AND A DRY STREAM ENHANCED PEDESTRIAN AREAS TO COMPLEMENT SOUTH PLATFORM COMMUNITY-THEME ART WORKS (NOT FUNDED BY GRANT) ,., ,,~,~Z__PHASE 2 P~,RK~NG TO gE CONSTRUCTED I AND PHASE 1 PARKING CUCAMONGA METROLIIqK STATION ~~,~ BEAUTIFICATION; ~ RESOLUTION NO. ~(~ -2/~/~ A RESOLUTION OF THE CITY COIYNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE RANCHO CUCAMONGA METROLINK STATION BEAUTIFICATION PROJECT WHEREAS, the Legislature of the State of California has enacted AB471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency requires a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of Califomia to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance. Certifies that said applicant will make adequate provisions for operation and maintenance of the project. Appoints William Joseph O'Neil, City Engineer, as agent of the City of Rancho Cucamonga, to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. 77 RESOLUTION NO. 0 0 - Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR FUNDING FROM THE TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA) PROGRAM OF THE TRANSPORTATION ACT FOR THE 21sT CENTURY (TEA-21) FOR THE METROLINK STATION BEAUTIFICATION PROJECT WHEREAS, the United States Congress enacted the Transportation Equity Act for the 21't Century (TEA-21) in 1997, which re-authorized funding for the Transportation Enhancement Activities (TEA) Program, initiated by the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), which is intended to provide federal dollars over a six-year period as matching funds to local, state and federal agencies and nonprofit entities for transportation enhancement activities; and WHEREAS, the San Bemardino Associated Governments (SANBAG), being the Regional Transportation Planning Agency having discretion over allocation of funds has initiated a call for transportation enhancement-type projects; and WHEREAS, The state Department of Transportation (Caltrans) has established the procedures and criteria for reviewing proposals and will assist SANBAG staff in reviewing projects for eligibility; and WHEREAS, said procedures and criteria established by SANBAG and Caltrans require a resolution certifying the approval of application by the applicant's goveming body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will emer into an agreement with SANBAG to carry om the transportation enhancement activities project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA: Approves the filing of an application for grant assistance from the Transportation Enhancement Activities Program for the beautification of the City of Rancho Cucamonga's Metrolink Railway Station. 2. Supports the Metrolink Railway Station Beauti~cation Project. 3. The City Clerk shall certify as to the adoption of this resolution. RANCHO CUCAMONGA ENGINEEI~ING DI~PAI~TMI~NT Staff Report DATE: TO: FROM: BY: SUB.~: December 6, 2000 Mayor and Members of City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer '~~ERTI · a , t SING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF CARNELIAN STREET PAVEMENT REHABILITATION FROM VINEYARD AVENUE TO 1550 FEET NORTH TO BE FUNDED FROM ACCOUNT NO. 32-4637-9314 (1 176 303 5650/1043 176 0) RECOMMENDATION It is recommended that the City Council approve plans and specifications for the construction of Carnelian Street Pavement Rehabilitation from Vineyard Avenue to 1550 feet north and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids"· BACKGROUND/ANALYSIS Carnelian Street Pavement Rehabilitation scope of work to be performed in general consists of, but not limited to, excavation, saw curing, removal of existing A.C. pavement, cold planning, crack sealing, rubberized ove~ay, asphalt paving, installation of curb and gutter and restriping and pavement markings. The project is to be funded from Measure 'T' funds, Account No. 32-4637-9314 (1 176 303 5650 / 1043 176 0). Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engincer's estimate for Camelin Street Pavement Rehabilitation is $137,000· Legal advertising is scheduled for December 12, 2000, and December 19, 2000, with bid opening at 2:00 p.m. on Tuesday, January 9, 2001. WJO:LEH:Ieh Attachments CARNELIAN STREET PAVEMENT REHABILITATION (FROM VINEYARD AV. TO +1550' NORTH) 24TH ST Project Site Z 6TH ST 4TH ST BNSF RR CITY OF RANCHO CUCAMONGA VICINITY MAP RESOLUTION NO. 0 0-2 q ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CARNELIAN STREET PAVEMENT REHABILITATION FROM VINEYARD AVENUE TO 1550 FEET NORTH IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "Construction of Camelian Street Pavement Rehabilitation from Vineyard Avenue to 1550 Feet 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 Council of the City ofRancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City ofRancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, December 12, 2000, sealed bids or proposals for the "Construction of Carnelian Street Pavement Rehabilitation from Vineyard Avenue to 1550 Feet North" 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 City ofRancho Cucamonga, Califomia, marked, "Bid for Construction of Camelian Street Pavement Rehabilitation from Vineyard Avenue to 1550 Feet North". PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Caiifomia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality 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 Deparlment oflnduslrial Relations of the State of California is re uired to and has determined such general prevailing rates of per diem are available to any interested party on request. The Contracting Agency also shall cause a copy of RESOLUTION NO. December 6, 2000 Page 2 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 City of Rancho Cucamonga, not more than fifty dollars ($50.00) 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 apprentmes 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 work's 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 joum. eymen that will be used in the performance of the contract. The ratio of apprentices to joumeymen m 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 1 apprenticeship training on an annual basis statewide or local y, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an armual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeshi programs ifhe employs registered apprentices orjoumeymen in any apprenticable trade on suc~ 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, Califomia, 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 execution of this contract and the Contractor and any subcontractor under him shall comply with and be govemed 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 Califomia as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, 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 RESOLUTION NO. December 6, 2000 Page 3 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 ay 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 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidders bond, payable to the City ofRancho Cucamonga 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 conUact said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City ofRancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 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 1 work or labor of any kind done thereon, and the Contractor wil 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 City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. 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 "A" License (General Engineering Contractor) or Class "C-12" License (Earthwork or Paving Contractor) in accordance with the provisions of the Contractor's License Law (Califomia 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 tree and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, Califomia. Copies of the plans and specifications, available at the office of the City Engineer, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY-FIVE DOLLARS) is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. RESOLUTION NO. December 6, 2000 Page 4 The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 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 City ofRancho Cueamonga, California, reserves the right to reject any and all bids. By order of the Council of the City of Rancho Cucamonga, California. Dated this 6~ day of December 2000. PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 6th day of December 2000. ATTEST: William J. Alexander, Mayor Debbie J. Adams, City Clerk ADVERTISE ON: DECEMBER 12, 2000 AND DECEMBER 19, 2000 RANCHO CUCAMONGA ENGINEERING DEPARTMENT S'6 fReport DATE: TO: FROM: BY: SU]~IECT,' December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager WilliamL O'Neil, City Engineer Barrye R. Hanson, Senior Civil Engineer APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE PROJECT TO IMPROVE HAVEN AVENUE FROM BASE LINE ROAD TO RTE 210 INCLUDING WIDENING THE WEST SIDE TO PROVIDE THREE TRAVEL LANES AND THE INSTALLATION OF RELATED STORM DRAIN FACILITIES RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the project to improve Haven Avenue from Base Line Road to RTE 210 including widening the west side to provide three travel lanes and related storm drain facilities and conunit the funds necessary to match the Federal funds being requested for the project. BACKGROUND/ANALYSIS: The San Bemardino Associated Governments (SANBAG) has notified the City that they are accepting applications for projects to be funded under the Federal Transportation Equity Act for the 21st Century (TEA-21). SANBAG has required that the City Council 1) authorize the project; 2) commit the City to the project implementation schedule; and 3) allocate the necessary local matching funds. These elements are contained in the attached resolution. This portion of Haven Avenue is the one remaining segment that has not been widen to the ultimate three lanes. It is shown in both the RTIP and Measure I multi-year plans adopted by the City Council; however, the funds and construction were projected to future years. This opportunity to obtain Federal funds requires that the City commit matching funds to the project at this time. It is recommended that our local match be 25%. The project estimated cost is CITY COUNCIL STAFF REPORT HAVEN AVENUE FROM BASE LINE ROAD TO ROUTE 210 December 6, 2000 Page 2 $5,800,000; therefore, the City matching portion is $1,450,000 to come from the local Measure I, Transportation and Drainage funds. These funds will be budgeted for the Fiscal Year 2001/02. The project design was budgeted in Fiscal Year 1999/2000 and is scheduled to be completed by July 2001 with construction to begin in March 2002. Respectfully Submitted, William J. O'Neil City Engineer WJO:BH:dlw Attachment RESOLUTION NO. (~0 - 2- 6/ ~? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE PROJECT TO IMPROVE HAVEN AVENUE FROM BASE LINE ROAD TO RTE 210 INCLUDING WIDENING THE WEST SIDE TO PROVIDE THREE TRAVEL LANES AND RELATED STROM DRAIN FACILITIES WHEREAS, the City of Rancho Cucamonga has authorized the preparation of plans and specifications for the project to improve Haven Avenue from Base Line Road to RTE 210 including widening the west side to provide three travel lanes and related storm drain facilities, which are to be completed by July 2001 with construction to begin in April 2002. WHEREAS, the City of Rancho Cucamonga intends to construct the project at a total cost estimated to be $5,800,000. It is to be funded with $4,350,000 Federal STP TEA-21 funds and $1,450,000 local matching funds from a combination of Local Measure I, transportation and drainage funds. These funds will be budgeted in the Fiscal Year 2001/02. NOW, THEREFORE, BE IT RESOLVED that the City of Rancho Cucamonga is committed to complete the project in the time frame and with the funds so stated. 77 RAN CUCAMONGA ENGINEERING DEPARTSlENT Staff Report DA'~ December 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer Jeff Barnes, Parks and Landscape Maintenance Superintendent SUBJECT: ACCEPT ALL BIDS RECEIVED AND AUTHORIZE THE AWARD AND'EXECUTION OF THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER, OPTI-GRO, OF HIGHLAND, CALIFORNIA, IN THE AMOUNT OF $50,325.00 ($45,750.00 PLUS 10% CONTINGENCY) FOR THE INFIELD RENOVATION OF THREE SOFTBALL FIELDS AT THE RANCHO CUCAMONGA ADULT SPORTS COMPLEX, TO BE FUNDED FROM FUND 1-133-303-5650-1222 (46-4130-9929). RECOMMENDATION It is recommended that the City Council accept all bids received and award the subject contract to the lowest responsible bidder, Opti-Gro, of Highland, California, in the amount of $50,325.00 ($45,750.00 plus 10% contingency) for the infield renovation of three softball fields at the Rancho Cucamonga Adult Sports Complex, to be funded by Fund 1-133-303-5650-1222 (46-4130-9929) and authorize the Mayor and City Clerk to execute the Contract Agreement. BACKGROUND/ANALYSIS Bids for the subject project were solicited per previous Council action and were opened in the office of the City Clerk at 2:00 P.M. on Wednesday, November 8, 2000 (see attached Bid Summary). The Engineer's estimate for this project was $60,000.00. Staff has reviewed all bids received and has found them to be complete and in accordance with the bid requirements. Staff has completed the required background investigations and has found all bidders to meet the bid requirements. R(~tfully subm_itted, ~J. O'Neil City Engineer WJO:JB:dlw Attachment BID SUMMARY I INFIELD RENOVATION OF THREE SOFTBALL FIELDS / NOVEMBER 2000 Bidders Name Dcbec Engineering, Inc. Base Bid ARemates Total Bid $113,470.00 Nil $113,470.00 John C. Ettlin $56,386.00 NA $56,386.00 CLS Landscape Mgmt. Inc. $58,764.00 Nit .: .Opti-Gro. ': ':. ' (~. !. :';: ,'~ .:i '!' ;:'!: i..:; !i.. ;$45,7~0.00'!i': :~i~. ii!:~ ~: :iii;;. !i;i~i;~'.. i~-:!f~t;! ~!~ :!.5-:..:::ii;..:iZ .'~!= .'. !i~ ;! 'ii~: · · '. ";.'.; · ..".' ':'."' ':":.,':'i;' 5! ~';. : :' .!',: .'::.~s;.!i:.'~.:?iii'!!.':::;: !': ::.':i.: "' ': i'i':: Summit Golf $58,700.00 Nil $58,764.00 $58,700.00 Vido Samarzich, Inc. $58,350.00 Nil $58,350.00 * Opti-Gro low apparent responsive bidder RAN ENGIN~I~ING CUCAMONGA DEPARTMENT St fRepo DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $306,925.85 ($279,023.50 plus 10% contingency) TO THE APPARENT LOW BIDDER, GENTRY BROTHERS, INC., FOR THE CONSTRUCTION OF THE MONTE VISTA STREET IMPROVEMENTS, TO BE FUNDED FROM CDBG FUNDS, ACCOUNT NO. 28-4333-9963 (OLD), 1-204-314-5650- 1255-204 (NEW) 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 $306,925.85 ($279,023.50 plus 10% contingency) to the apparent low bidder, Gentry Brothers, Inc., for the construction of the Monte Vista Street Improvements, from Amethyst Street to Archibald Avenue to be funded from CDBG funds, Account No. 28-4333-9963 (old), 1-204-314-5650-1255-204 (new). BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on November 14, 2000, for the subject project. The Engineer's estimate was $363,913.33. Staff has reviewed all bids received and found them 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 all bidders to meet the requirements of the bid documents. Respectfully submitted, WJO:JAD:RO Attachment EXHIBIT "A" --\ Monte Vista Street Improvements VICINITY MAP ~/ BID SUMMARY FOR BID OPENING NOVEMBER 14, 2000 MONTE VISTA STREET IMPROVEMENTS NO OTY UNIT DESCRIPTION APPARENT LOW BIDDER ENGINEERS COST ESTIMATE UNIT COST $25.000.00 $0.37 $130.00 $300.00 $400.00 $20.00 $15.00 $38.oo $100,00 $15o.00 $15o.oo $1.00o.00 $600.00 S15.00 $120.C~ $30.00 $13.00 $16.00 $14.00 $3.50 $2.50 $3.00 $7.00 $100.00 $20.00 $24.0O $10.00 $100.00 $30.000,00 $300,00 $3,000.00 $5,000.00 $1,400.O0 LAIRD CONSTRUCTION GENTRY BROTHERS, INC. CO., INC. BID UNIT UNIT AMOUNT COST AMOUNT COST AMOUNT $25,000.00 $35,000.00 $35,000.00 $50,G~0.00 $50,0G0.00 $17,238.30 $0.40 $18,636.00 $0.15 $6,988.50 TOTAL $330,830.30 $279,0~.$0 $323,110.00 & H GENERAL CONTRACTORS, INC. LINIT BID CORRECTED 3OST AMOUNT AMOUNT O,O00,O0 $20,000.00 $20,000.0( $0.40 $181636.00 $181636.0( $114.00 $4,902.00 $,4,902.0( $250.00 $250.0O $250.0( $265.00 $5,035.00 $5,035.0( $40.75 $22,005.00 $22,005.0( $21.50 $24,080.00 $24,080.0( ~44.00 $34,760.00 $34,760.0( S100.00 $400.00 $400.0C $200.00 $1,C~)0.00 $250.00 $500.00 $600.0C $250.00 $250.0O $250.0( $300.00 $600.00 $600.0( 11500.00 $1,500.00 $1,500.0( 1,000.00 $21000.00 3,900.00 $31900.00 $3,900.0( $28.00 $21520.00 $21520.0( $65.00 $31575.00 $31575.0(~ $15.00 $600.00 $18.00 $45JS0.00 $45js0.0~ $18.00 $11530.00 $11530.0~ $18.00 $1,224.00 $6.00 $01,2~0.00 ~ ,260.0~ $3.00 $411130.00 $41,130.00 $8.00 $71120.00 $7,120.00 $6.50 $7,605.00 $7,605.00 $78.00 $31432.00 $3,432.00 $31.00 $1,740.00 $1,705.00 $19.50 $151210.00 $15,210.00 1 tO00.O0 $1 ~000.00 $11000.00 $13.20 $201460.00 $201460.0~ $120.00 $2,880.00 $2,880.0~ 4,800.00 $4,800.00 $4,800.00 $130.00 $4,290.00 $41200.00 2,9C0.00 $2,900.00 1,000.00 $1,000.00 $11000.00 I $373,274.00[ ~g373,239.00 Page 1 BID SUMMARY FOR BID OPENING NOVEMBER 14, 2000 MONTE VISTA STREET IMPROVEMENTS NO OTY tINIT 2. 46590 SF 3. 43 EA 5. 19 EA 6. 540 CY 7. 1120 TON 8. 790 TON 9. 4 LF 10. 5 EA 12. I EA 13. 2 EA 14. I EA 15. 2 EA 16. I EA 17. 90 18. 55 LF 19. 40 LF 20. 2510 LF 21. 85 LF 22. 68 LF 23. 10210 SF 24. 13710 SF 25. 890 SF 26. 1170 SF 27. 44 EA 28. 55 LF 29. 780 LF 30. 1 EA 31. I550 LF 32. 24 LF 33. 1 LS 34. 33 EA 35. I LS 36. l LS 37. I LS DESCRIPTION Clearinl~ and Grubbing, inc. larie bushes and Shrubs ALL AMERICAN ASPHALT UNIT COST AMOUNT $7,800.00 $7,800.00 $0.23 $10,715.70 $142.00 $6,106.00 $455.00 $455.00 $527.00 $10,013.00 $28.80 $15,552.00 $20.40 $22,848.00 $41.30 $32,627.00 $395.00 $1,580.00 $290.00 $580.00 $315.00 $315.00 $290.{~1 $580.00 $I,160.00 $1,160.00 $370.00 $740.00 $5.5C~.00 $5,500.00 $26.30 $2.367.00 $158.00 $8,690.00 $33.00 $1.320.00 $16.30 $40.913.00 $50.00 $4,250.00 $44.50 $3,026.00 SEAN MALEK ENGINEERING & CONSTRUCTION, INC. UNIT COST AMOUNT $60,00¢00 $60,000.00 $1 .C43 $46,590.C0 UNIT COST AMOUNT UNIT COST AMOUNT TOTAL $389,642.80 $499,517.50 Page 2 EXHIBIT "A" M~l~ta~m~t PROJECT LOCATION N,T.5. Monte Vista Street Improvements VICINITY MAP THE CITY OF ~ANCHO CUCAMONGA St3ffReport DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Dan James, Senior Civil Engineer APPROVAL OF DRAINAGE REIMBURSEMENT AGREEMENT AND APPROPRIATION OF $46,000.00 FROM FUND 23 (DRAINAGE FACILITIES/GENERAL CITY) FUND BALANCE FOR INSTALLATION OF A PORTION OF MASTER PLANNED STORM DRAIN FACILITIES IN CONNECTION WITH DEVELOPMENT OF TRACT NO. 13759, LOCATED ON THE WEST SIDE OF HAVEN AVENUE NORTH OF THE RAILROAD RIGHT-OF-WAY (FORMERLY SOUTHERN PACIFIC TRANSPORTATION COMPANY), SUBMITTED BY FORECAST GROUP, L.P. (DRA-32) RECOMMENDATION: It is recommended that the City Council adopt the attached Resolution approving the Drainage Reimbursement Agreement and approve an appropriation of $46,000.00 for engineering design fees, from Fund 23 (Drainage Facilities/General City) Fund Balance, for installation of a portion of a Master Planned Storm Drain on the west side of Haven Avenue north of the Railroad right-of-way (formerly Southern Pacific Transportation Company), and authorize the Mayor and City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS: Tentative Tract 13759 was approved by the Planning Commission on January 27, 1988, with a condition of approval to install City Master Planned storm drain facilities on the west side of Haven Avenue north of the Railroad right-of-way (formerly Southern Pacific Transportation Company). The condition specified drainage fee credits and reimbursement in conformance with City policies. The Forecast Group, L.P., the developer, is currently constructing Master Plan Storm Drain Lines 4-1 and 4-L. The developer has previously received credit for drainage fees assessed at the time of issuance of the building permits. q5 CITY COUNCIL STAFF REPORT TRACT No. 13759 December 6, 2000 Page 2 The developer has submitted a standard Drainage Reimbursement Agreement with a stipulation to reimburse the developer's engineering design costs of $46,000.00 at this time. Following completion of construction by the developer and acceptance by the City of the above required storm drain facilities, the developer shall submit all construction cost data to the City Engineer. The City Engineer will then determine the actual cost of construction and eligible balance to be reimbursed. Respectfully Submitted, City Engineer WJO:PV:sc Attachment 'r 7!3 7;; CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION BASELINE NORTH fr 1" = 400' ITEM: Tract 13759 TITLE: Drainage Reimbursement Agreement EXHIBIT: Vicinity Map ~7 RESOLUTION NO. O~-'Z 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRAINAGE REIMBURSEMENT AGREEMENT (DRA-32) FOR THE INSTALLATION OF A PORTION OF MASTER PLANNED STORM DRAIN FACILITIES, LINES 4-1 AND 4-L, LOCATED ON THE WEST SIDE OF HAVEN AVENUE NORTH OF THE RAILROAD RIGHT-OF-WAY (FORMERLY SOUTHERN PACIFIC TRANSPORTATION COMPANY) WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by The Forecast Group, L.P. a California Limited Partnership, as developer of Tract No. 13759 for the installation of a portion of Master Planned Storm Facilities, lines 4-1 and 4-L located on the west side of Haven Avenue north of the Railroad right-of-way (formerly Southern Pacific Transportation Company); and WHEREAS, the developer, at the developer's expense, is required as a Condition of Approval for Tract No. 13759 to construct said storm drain facilities; and WHEREAS, the developer, at the time of issuance of the building permits, has received fee credit from the drainage fees for the amount as stipulated in the Reimbursement Agreement; and WHEREAS, Section 13.08.080 of the Rancho Cucamonga Municipal Code made a provision to reimburse a subdivider when Master Planned Storm Drain is constructed by the subdivider, for the cost of construction that exceeds the storm drain fee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES that said Reimbursement Agreement be and the same is hereby approved, and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. RANCHO CUCAMONGA ENGINEERING DEPADTMI~NT S r<eport DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer · r, s ~ ERVICES AGREEMENT WITH DAN GUERRA & ASSOCIATES, TO PROVIDE CONSTRUCTION SURVEY SERVICES FOR THE PROPOSED MONTE VISTA STREET IMPROVEMENTS, IN THE AMOUNT OF $15,950 ($14,500.00 plus 10% contingency), TO BE FUNDED FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, ACCOUNT NO. 28-4333-9963 (old) or 1-204- 314-5650/1255-204 (new) RECOMMENDATION: It is recommended that the City Council approve the Professional Services Agreement and an additional 10% contingency with Dan Guerra & Associates, to provide Construction Survey Services for the proposed Monte Vista Street Improvements, and authorize the Mayor to sign said agreement and the City Clerk to attest thereto. BACKGROUND/ANALYSIS: The City requested and received a proposal to provide Construction Survey Services from Dan Guerra & Associates. Their proposal met all of the City's requirements in an amount of $14,500.00 plus 10% contingency to be funded from Community Development Block Grant Funds, Account No. 28-4333-9963 (old) or 1-204-314- 5650/1255-204 (new). Dan Guerra & Associates has provided services to the City in the past with favorable results. Respectfully submitted, City Engineer WJO:JAD Attachments EXHIBIT "A" MomvimSu~ [~.~ [ROJECT ~ Monte Vista Street Improvements VICINITY MAP /~ RANCHO CUCAMONGA ENC, INI~EI~INC, DI~PA~THI~NT S rfReport DATE: December 6, 2000 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: BY: SUBJECT: William J. O'Neil, City Engineer Lucinda E. Hackett, Associate Engine~ APPROVAL AND EXECUTION OF PROGRAM SUPPLEMENT AGREEMENT NO. 022 TO STATE-LOCAL PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP-5420, BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA TO PROVIDE PROJECT FUNDING FOR CONSTRUCTION OF DAY CREEK BOULEVARD FROM BASE LINE ROAD TO HIGHLAND AVENUE RECOMMENDATION: It is recommended that the City Council approve and execute the attached Resolution that authorizes the execution of Program Supplement Agreement No. 022 to State-Local Partnership Program Agreement No. SLTTP-5420 and a certified copy of said Resolution along with the executed original copies of said program supplement be sent to the State of California fortheir execution. BACKGROUND/ANALYSIS: This program supplement provides reimbursable funds for construction of Day Creek Boulevard from Base Line Road to Highland Avenue. The supplement sets the State reimbursable portion at $285,348.00. Reimbursable funding from the Supplement Agreement shall be deposited into Fund No. 35 3901 8520/1 178'000 4740 for reimbursement to expenditure Account No.35 4637 9710/1 178 303 5650 1131. City Engineer WJO:LEH:Ih Attachment 10/ RANCHO CUCAMONGA r.,j - ! PR CT/</"' ! ONTARIO~,, I~ONTANA L CITY OF RANCHO CUCAMONGA DAY CREEK BLVD. STREET CONSTRUCTION RESOLUTION NO. 19~-2 5 / A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF PROGRAM SUPPLEMENT NO. 022 TO STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM AGREEMENT NO. 8LTPP-5420, BETVVEEN THE CITY OF RANGHO CUGAMONGA AND THE STATE OF CALIFORNIA TO PROVIDE FUNDING FOR CONSTRUCTION AND CONSTRUCTION ENGINEERING OF DAY GREEK BOULEVARD FROM BASE LINE ROAD TO HIGHLAND AVENUE WHEREAS, the City Council of the City of Rancho Cucamonga (hereinafter referred to as "Local Agency") has for its consideration and execution Program Supplement No. 022 to State-Local Transportation Partnership Program Agreement No. SLTPP-5420 authorizing reimbursement of State and Federal Share Funds for Construction of Day Creek Boulevard from Base Line Road to Highland Avenue: and WHEREAS, the State of California, Department of Transportation, District Office 8 (hereinafter referred to as "State") processes and monitors State funded projects; and WHEREAS, as a condition of reimbursement payment of State and Federal Share funds for said project, the City shall approve and execute said Program Supplement No. 022. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, does hereby resolve to: Authorize the Execution of Program Supplement No. 022 to State-Local Transportation Partnership Program Agreement No. SLTPP-5420 for the reimbursement of State and Federal Share Funds for Construction of Day Creek Boulevard from Base Line Road to Highland Avenue. To authorize the Mayor to sign said Supplement and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the Resolution Number and Date in the blanks in the third block of said Supplement, and for the return of the original copies of said Supplement to the State of California Department of Transportation along with the certified copy of this Resolution. RESOLUTION NO. DAY CREEK BOULEVARD December6,2000 Page 2 BE IT FURTHER RESOLVED that the Local Agency shall also comply with the "Special Covenants or Remarks" attached to said supplement including: It is mutually understood between the parties that this contract may have been written before ascertaining the availability of legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement was executed after the determination was made. The total amount of State funds payable by the State shall not exceed $285,348.00. This agreement is valid and enforceable only if sufficient funds are made available by the California State Legislature. Said reimbursable funds as received will be deposited into Account No. 35 3901 8520/1178 000 4740. THE CITY OF ]~ANCHO CUCAr, IONGA SmffRel rt DATE: TO: FROM: BY: SUBJECT: December 6. 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager William J. O'Neil, City Engineer Mike Olivier, Senior Civil Engineer APPROVAL AND EXECUTION OF A COOPERATIVE AGREEMENT BETWEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), AND THE CITY OF RANCHO CUCAMONGA (CITY) FOR CONSTRUCTION OF SEGMENT 4 OF STATE ROUTE 210 (30) IN THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDATION: It is recommended that the City Council approve the cooperative agreement between the State of California (STATE), the San Bernardino County Transportation Authority (AUTHORITY) and the City of Rancho Cucamonga (CITY) for construction of segment 4 of State Route 210 (30) in the City of Rancho Cucamonga, California. BACKGROUND/ANALYSIS: San Bernardino Associated Governments (SANBAG) being the County Transportation Authority (AUTHORITY) is required to improve transportation services as set forth in the Measure I expenditure plan. Included in this plan is the construction of State Route 210 (30) in the County of San Bernardino. In construction of State Route 210 (30) AUTHORITY contractors will be doing work in STATE, and CITY right-of-way. The three-way cooperative agreement between SAN BAG (AUTHORITY), STATE and CITY, sets forth the responsibilities of each party. After completion of Segment 4, our City agrees to: Accept control and maintain at our expense, the portions of PROJECT lying outside STATE's right-of-way and within CITY right-of-way. Also, we will maintain, at our expense, local roads within STATE's right-of-way delegated to CITY for maintenance, and remaining portions of any local road CITY COUNCIL STAFF REPORT ROUTE 30 SEGMENT 4 - COOPERATIVE AGREEMENT December 6, 2000 Page 2 overcrossing structures, including the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic. Reimburse STATE for our proportionate share of maintenance costs for traffic control signals, including emergency preemption equipment and internally illuminated street name signs and safety lighting within STATE right-of-way and CITY limits. Such share to be an amount equal to 50% of total maintenance costs, including electrical energy costs. Furnish emergency preemption equipment and internally illuminated street name signs for traffic signals to be installed within STATE right-of-way and CITY limits, and any future replacement, emergency preemption equipment and internally illuminated street name signs, for traffic signals, as required. The Cooperative Agreement requires SANBAG's contracts to name the CITY as additional insured, and it indemnifies the CITY for any damage or liability occurring by reason of anything done or omitted to be done by AUTHORITY for any work delegated to AUTHORITY. The agreement also states that STATE, AUTHORITY and CITY, shall cooperate on issues concerning the State Route 210 (30) project not covered by said agreement. The Cooperative Agreement has been discussed with the Route 30 Task Force and they are in conformance with the agreement. Wfiliam J. O'Neil City Engineer WJO:MO:sc Attachment RESOLUTION NO. OC)' ~ 5Z- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANGHO CUCAMONGA, CALIFORNIA, APPROVING THE EXECUTION OF A COOPERATIVE AGREEMENT BETVVEEN THE STATE OF CALIFORNIA (STATE), THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY (AUTHORITY), AND THE CITY OF RANGHO GUGAMONGA (CITY) FOR CONSTRUCTION OF SEGMENT 4 OF STATE ROUTE 210 (30) IN THE CITY OF RANGHO CUCAMONGA, CALIFORNIA WHEREAS, STATE, CITY, and AUTHORITY, pursuant to Streets and Highways Code Section 130,' are authorized to enter into a Cooperative Agreement for improvements to State highways in the City of Rancho Cucamonga in San Bernardino County; and WHEREAS, San Bernardin0 County voters approved Measure I on November 7, 1989, which provides funding for transportation projects and programs throughout the County of San Bernardino; and WHEREAS, AUTHORITY is required under its ordinance to improve transportation services and facilities as set forth in the Measure I expenditure plan. The expenditure plan includes a project to construct state highway improvements consisting of a six-lane freeway, two HOV lanes, interchange ramps at Haven and Milliken Avenues, sound walls, traffic signals and appurtenant improvements on State Highway Route 210 (30) in the County of San Bernardino, referred to herein as "PROJECT"; and WHEREAS, AUTHORITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT: and WHEREAS, CITY is agreeable to AUTHORITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT; and WHEREAS, the parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained; and WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration and execution said cooperative agreement addressing liability issues during the construction and covering issues such as accepting control and maintenance of portions of the PROJECT constructed outside of STATE's right-of-way, local roads within STATE's right-of-way delegated to CITY for maintenance, operation and maintenance of traffic signals for the benefit or control of CITY street traffic, emergency preemption equipment and illuminated street name signs; and /0 7 CiTY COUNCIL RESOLUTION NO. ROUTE 210 (30) SEGMENT 4 - COOPERATIVE AGREEMENT December 6, 2000 Page 2 WHEREAS, to assist STATE and AUTHORITY in construction of Segment 4 of State Route 210 (30), it is in the best interest of the City of Rancho Cucamonga to enter into said cooperative agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES HEREBY RESOLVE AS FOLLOWS: 1. Approve the execution of the agreement between STATE, AUTHORITY, and the City of Rancho Cucamonga concerning construction of Segment 4 of State Route 210 (30) in the City of Rancho Cucamonga. 2. Authorize the Mayor to sign said Agreement and direct the City Clerk to attest the same. RANCHO CUCAMONGA ENGINEEI~ING DEPADTHENT S ffReport DATE: TO: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lain, AICP, City Manager William J. O'Neil, City Engineer Walt Stickhey, Associate Engineer ~ Richard Oaxaca, Engineering Technician ~ APPROVAL OF THE PLANS AND SPECIFICATIONS, ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $1,766,568.93 ($1,605,971.75 plus 10% contingency) TO THE APPARENT LOW BIDDER, RIVERSIDE CONSTRUCTION COMPANY, FOR THE CONSTRUCTION OF THE METROLINK STATION EXPANSION, PHASE II, TO BE FUNDED FROM REGIONAL CHOICE TRANSIT CAPITAL IMPROVEMENT FUNDS, ACCOUNT NO. 1230-303-5650/1225-230 RECOMMENDATION: It is recommended that the City Council approve the plans and specifications, accept the bids received and award and authorize the execution of the contract in the amount of $1,766,568.93 ($1,605,971.75 plus 10% contingency) to the apparent low bidder, Riverside Construction Company, for the construction of the Metrolink Station Expansion, Phase II, to befunded from Regional Choice Transit Capital Improvement funds, Account No. 1230-303-5650/1225-230. BACKGROUND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on November 21, 2000, for the subject project. The Engineers estimate was $1,703,101.55. Staff has reviewed all bids received and found them 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 all bidders to meet the requirements of the bid documents. Respectfully submitted, WJO:WS:RO Attachment .. /' ..... ' t I 1~''~t I ' '1 ~" ; :,'.;;;,~',:,,........,..,..,.....,..,,, ..J|lllll|l||lllllllllllll|l II1| II llllllllllllllllllllfillllllllll IIII1111~ :~ (IIIIIII11111111111111111~I111111111111111,~ .... I I TEMPORARY PARKING ~ I L__ - ,~",' '~ ",,,~.'r.s. '(r""'~-ji:z ! \ :~ -' EXISTING pARKING 330 SPACES NEW PARKinG ~00 SPACES (APPROX.) & EXTEND SOUTH LOADING PLATFORM 1VgETROLINK STATION EXPANSION, p!:IASE H EXPAND PARKING LOT AND EXTEND SOUTH LOADING PLATFORM //6 METROLINK STATION EXPANSION - ENGINEERS COST PHASEH Page I TOTAL $1,703,101 APPARENT LOW BIDDER RIVERSIDE CONSTRUCTION H & H GENERAL CONTRACTORS, INC. METROLINK STATION EXPANSION - PHASEH 53. LS LS Platform LiRhtinE System (S) $50,0C(3.00 P~e2 TOTAL TERRA-CAL CONSTRUCTION LOS ANGELES ENGINEERING UNIT BID $1.749,894.75 $1,750,0(30.00 $1.752,293.40 $1.807.562.89 METROLINK STATION EXPANSION - METRO BUILDERS & ENGINEERING LAIRD CONSTRUCTION CO., INC. //~ METROLINK STATION EXPANSION - 53. LS L~ SEA~ MALEK TOTAL $2.050.944.60 SILVIA CONSTRUCTION, INC. //~ RANCHO CUCAMONGA ENGINEEDING D[PAI~THENT 5 Report DATE: TO: FROM: December 6, 2000 Mayor and Members of the City Council Jack Lain, AICP, City Manager Jerry A. Dyer, Project Manager Richard Oaxaca, Engineering TeO~hnician SUBJECT: ACCEPT THE ADA 1999/2000 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS AT VARIOUS LOCATIONS ALONG HERMOSA AVENUE, HAVEN AVENUE, 6TM STREET AND ARROW ROUTE, NO. 00-016 AS COMPLETE, RELEASE THE BONDS AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $122,566.44 RECOMMENDATION: It is recommended that the City Council accept the ADA 1999/2000 Access Ram.pt. and Drive Approach Improvements at various locations along Hermosa Avenue, Haven Avenue, 6 Street and Arrow Route, Contract No. 00-016, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond, to be used as the Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $116,994.60 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 $12,256.64, 35 days after acceptance. Also, approve the final contract amount of $122,566.44. 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 final contract amount, based on project documentation, is $122,566,44, which includes no contract change orders. The original amount approved by Council was $128,639.06. Respectfully sub~/?~/~ Willia~l City Engineer WJO:JAD/RO:Is Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS ADA 1999/2000 ACCESS RAMP AND DRIVE APPROACH IMPROVEMENTS AT VARIOUS LOCATIONS ALONG HERMOSA AVENUE, HAVEN AVENUE, 6TM STREET AND ARROW ROUTE, CONTRACT NO. 00-016 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements ADA 1999/2000 Access Ramp and Drive Approach Improvements at Various Locations Along Hermosa th Avenue, Haven Avenue, 6 Street and Arrow Route, Contract No. 00-016, 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. RANCHO CUCAMONGA ENGINI~ERING DEPAI~THENT StaffRepo DATE: TO:. FROM: BY: SUBJECT: December 6, 2000 Mayor and members of the City Council Jack Lain, AICP, City Manager William J. O~eil, City Engineer Joe Stofa Jr., Associate Engineer APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-55 LOCATED ON THE SOUTHEAST CORNER OF MILLIKEN AVENUE AND ARROW ROUTE, SUBMITTED BY RANCHO CUCAMONGA II, INC., A MASSACHUSETTS CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving DR 99-55, accepting the subject agreement and security and ordering the maintenance annexations and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DR 99-55, located on the southeast comer or Milliken Avenue and Arrow Route was approved by the Planning Commission on January 26, 2000 for the development of 4 Industrial buildings. The Developer, Rancho Cucamonga II, Incl, a Massachusetts Corporation, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following mounts: Faithful Performance Bond $58,000.00 Labor and Material Bond: $29,000.00 Copies of the agreement and security are available in the City Clerk's Office ~;~ei~ WJO:JS:dlw Attachments //7 AR 17 Ct'C%,IIOi. x'~ s"' ..... ':",~! CITY OF RANCI-tO CUCAN.IONGA A ENGINEERING DIVISION VICINITY MAP N title; DR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 99-55 WHEREAS, the City Council of the City of Rancho Cucamonga, Califomia, has for its consideration an Improvement Agreement executed by Rancho Cucamonga II, Inc., A Massachusetts Corporation, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the southeast comer of Milliken Avenue and Arrow Route; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DR 99-55; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto. //q RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DR 99-55 WHEREAS, the City Council of the City ofRancho Cucamonga, Califomia, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3B, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of Califomia ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance DisUict And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated heroin by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and RESOLUTION NO. DR 99-55 December 6, 2000 Page 2 WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION4: All future proceedings ofthe Maintenance Districts, including the levyofall assessments, shall be applicable to the Territory. Exhibit A To Consent And Waiver To Annexation Of Certain Real Property To A Landscape Maintenance District And Approval Of The Levy Of Assessments On Such Real Property Identification of the Owner and Description of the Property The Owner of the Property is: Rancho Cucamonga II, Inc. A Massachusetts Corporation The legal description of the Property is: Parcels 4, 9-16, 18-20 of Amended Parcel Map No. 11891, in the City ofRancho Cucamonga, County of San Bemardino, State of California, as shown on a Map filed in Book 168, Pages 26 through 37, inclusive, of Parcel Maps, Records of San Bemardino. A-1 Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MAINENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL MAINTENANCE DISTRICT) Landscape Maintenance District No. 3b (LMD #3b) represents landscape sites throughout the Commercial/Industrial Maintenance District. These sites are associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites that are maintained by this district consist of median islands, parkways, street trees, entry monuments, the landscaping within the Metrolink Station and 22.87 acres of the Adult Sports Park (not including the stadium, parking lots or the maintenance building. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): Street Light Maintenance District No. 6 (SLD #6) is used to fund the maintenance and/or installation of street lights and traffic signals located on commercial and industrial streets throughout the City but excluding those areas already in a local maintenance district. Generally this area encompasses the industrial area of the City south of Foothill Boulevard. It has been determined that the facilities in this district benefit the properties within this area of the City. The sites maintained by the district consist of street lights on industrial or cormnercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Typically, street lights are installed by private development as a condition of a development project's approval. Traffic signals can be installed by development or as a City capital improvement project. Historically, the installation of street lights and traffic signals has not been funded with Street Light District funds; however, this is permitted under the Landscape and Lighting Act of 1972. B-1 Exhibit B: (Continued) Any new street lights in areas to be maintained by the District will become part of the active work program at such time as these new areas are annexed into the District. The normal process will be the dedication of the areas to the City, at which time a sufficient non-refundable deposit will be made by the developer to the City. This deposit will provide for costs of energizing and six months of ordinary and usual maintenance operation and servicing of the street lights in each development at the time of initial operation of the lighting system. The costs will be based on the number and type of street lights and based on Southem California Edison Company's rate for street lights. Immediately upon energization of the street lights, those street lights will become a part of the work program of the district. B-2 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL MAINTENANCE DISTRICT) The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2000/01. The following table summarizes the assessment rate for Landscape Maintenance District No. 3b (Commercial/Industrial Maintenance District): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 1849.01 1.0 1849.01 $352.80 $652,330.73 The Proposed Annual Assessment against the Property is: 48.93 Acre x 1 A.U. Factor x $352.80 Rate Per A.U. = $17,262.50 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of Rate Per Physical # of Physical Assessment Assessment Assessment l,and 11se Unit Type Units Units Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Parcel 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1999.52 2.00 1999.52 $17.77 $71,060.00 Total $483,560.00 The Proposed Annual Assessment against the Property is: 48.93 Acre x 2 A.U. Factor x $17.77 Rate Per A.U. Assessment = $1,738.97 Annual C-1 Exhibit B: (Continued) STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $51.40 for the Fiscal Year 2000/01. The following table summarize s the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of Rate Per Physical # of Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property is: 48.93 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $2,515.00 Annual Assessment [INSERT FROM EXHIBIT C OF CONSENT & WAIVER) C-2 RANCHO CUCAMONGA ENGINEERING DEDARTHENT Staff Report DATE: TO:. FROM: BY: December 6, 2000 Mayor and members of the City Council Jack Lam, AICP, City Manager William J. O?qeil, City Engineer Joe Stofa Jr., Associate Engineer APPROVAL TO SUMMARILY VACATE 20-FOOT WIDE NORTH-SOUTH BOUND ALLEY LOCATED WEST OF CENTER AVENUE BETWEEN 24TM STREET AND HUMBOLDT AVENUE V-172 REQUESTED BY NORTHTOWN HOUSING DEVELOPMENT CORPORATION FOR DEVELOPMENT REVIEW 00-53 - APN 209-112-10, 16, 20, 29, AND 30. RECOMMENDATION It is recommended that City Council adopt the attached resolution summarily ordering the vacation of the north-south bound alley between 24th Street and Humboldt Avenue. BACKGROUND/ANALYSIS Development Review 00-53, located within the Northtown area on Center Avenue, 24th Street and Humboldt Avenue east of Hermosa Avenue in the Low Residential District, was approved by the Planning Commission on November 21, 2000 for the construction of single-family residences on eleven in-fill lots. The property owners affected have submitted letters in favor of the vacation of the alley which is basically a "paper" alley that was created with the original North Cucamonga Subdivision in 1887 and is not needed for public use. The Planning Commission has found that said vacation is consistent with the goals and objectives of the circulation element of the general plan. City Engineer WJO:JS:dlw 7 "r- rn O H JMBOLT 8TH 24TH 'C") ' pgo,T~c7' Ct'CA~IIO~ CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION VICINITY MAP A tithe; V-1"7o1 RESOLUTION NO. ~} "2 ~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE SUMMARILY VACATION OF 20-FOOT WIDE NORTH-SOUTH BOUND ALLEY LOCATED WEST OF CENTER AVENUE BETWEEN 24TM STREET AND HUMBOLDT AVENUE V-172 - APN 209- 112-10, 16, 20, 29 AND 30 RELATED FILE: DEVELOPMENT REVIEW 00-53) WHEREAS, by Chapter 4, Article 1, Section 8334, of the Streets and Highway Code, the City Council of the City ofRancho Cucamonga is authorized to summarily vacate those portions of the City Street hereinafter more particularly described; and WHEREAS, the City ofRancho Cucamonga Planning Commission on November 21, 2000 by minute action finds and determines that the summary vacation of the subject alley heroin contemplated conform to the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject alley located west of Center Avenue between 24m Street and Humboldt Avenue is unnecessary for present or prospective public street purposes because it is not required for street or highway purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City ofRancho Cucamonga hereby makes its order vacating the alley (V-172), on file in the office of the City Clerk of the City of Rancho Cucamonga, which have been further described in the legal description which is attached hereto, marked Exhibit "A" and shown on Exhibit "B" and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said alley no longer constitutes a public easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bemardino County, Califomia. EXHIBIT "A" LEGAL DESCRIPTION ALLEY VACATION IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, BEING THE ALLEY LYING WITHIN BLOCK 62, SHOWN ON THE MAP OF NORTH CUCAMONGA TRACT, RECORDED IN BOOK 4, PAGE 8 OF MAPS, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; AND AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. ~29 MY REGISTRATION EXPIRES: JUNE 30,2003 DATE Exp. 6.~ Pa~e I of I Da~es F:~5631OXLEGALSXalley vacation BLK62.doc AREA OF PROPOSED VACAtiON N89 50 DO 5!.d7' 7~ O0 67. z0' ~/~QC/ ~ /25. o6' ~ LOT 3 LOT 14 ~ ~ 125.00' ,~ ~ :25. 00' ~2~ 00' ~ LOT 1 5 ~. 50' ~2~ 00' N89 ~0 '00 "~ ~0.00' ~ N0. 5129 Exp. 6.30-.03 MATCH LINE - SEE SHEET 2 '///* 725. OO' ~b/ % %/% ~/7 LOT 6 125, ,.~/ ~ 125, ,~/ ~ LOT 5 ~25, 00' LOT 4 125, 236. 47' ? 23G. 50' 8TH (HUMBO~T AVE) STREET 17z. 7T 236.17' 40' ~0' % 40 00' 40' ~ This Rat is Sorely an Aid in LocaUng the Parcel(s) described In the Attached Document. Please refer to legal descrip~on for exa~ Iocatloo. EXHIBIT BAREA OF PROPOSED VACATION DRAWN BY: WE DATE: 08.09-00 OF 2 SHEETS CHECKED BY: SHH ,IN: 56310 O:\563~O\DWG\56510VO~.DWG 08/22/O0 12:~2 AREA OF PROPOSED VACAtiON 23~ zz' LOT 13 5L47' ~ N6'9 ~50 '00 "Y/ 236.45' / ~ N0. 5129 Exp. 6-30-03 ~4ATCH LINE- SEE SHEET 725 00' ,,~C~ ' ~2~. 00' LoT ,o ~2~.00' LOT 9 ~2~ 00' LoT 12~ 00' LOT 7 125. 00' 4 2J6. This Rat is Solely an Ajd In LocaUng ere Parcel(s) described hq the Attached Document Rease refer to legal desotpf~on for exact location. EXHIBIT B AREA OF PROPOSED VACATION DRAWN BY: WE DATE: 00-09-00 OF 2 SHEDS CHECKED BY: SHH JN: 56310 D:\56310\DWG\56310VO2.DWG 08/22/00 11:09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT OF 30 MPH ON SUGAR GUM WAY BETWEEN DAY CREEK BOULEVARD AND VICTORIA WINDROWS LOOP A. Recitals (i) Califomia Vehicle Code Section 22357 Provides that this City Council may, by ordinance, set prima facie speed limits upon any portion of any street not a state highway. (ii) The City Traffic Engineer has conducted an engineering and traffic survey, of certain streets within the City of Rancho Cucamonga which streets as specified in Part B of this Ordinance. (iii) The determinations concerning prima fade speed limits set forth in Part B, below,.afe based;upon the engineering and traffic survey identified in Section A (ii), above. B. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Section 10.20.020 hereby is amended to the Rancho Cucamonga City Code to read, in words and figures, as follows: 10.20.020 Decrease of state law maximum speed. It is determined by City Council resolution and upon the basis of an engineering and traffic investigation that the speed permitted by state law is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared the prima facie speed limit shall be as set forth in this section on those streets or parts of streets designated in this section when signs are erected giving notice hereof: (Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978). Rancho Cucamonga 5/82 124 Name of Street and Limits Existing Posted Proposed Prima Facie Speed Limit (mph) Speed Limit (mph) 1. Sugar Gum Way - Day Creek Boulevard NP 30 to Victoria Windrows Loop (i) Both sixty-five (65) miles per hour and fifty-five (55) miles per hour are speeds which are more than are reasonable or safe; and SPEED LIMIT ORDINANCE Page 2 (ii) The miles per hour as stated are the prima facie speeds which are most appropriate to facilitate the orderly movement of traffic and are speed limits which are masonable and safe on said streets or portions thereof; and (iii) The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and (iv) The Traffic Engineer is hereby authorized and directed to install appropriate signs upon said streets giving notice of the prima facie speed limit declared herein. Section 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 3 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Daily Bulletin, a newspaper of general ~irculation published in the City of OntariO, California, and circulated in the City of Rancho CUcamonga. PASSED, APPROVED, and ADOPTED this AYES: NOES: ABSENT: ATTEST: William J. Alexander Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meefmg of the Council of the City of Rancho Cucamonga held on the and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the Executed this , at Rancho Cucamonga, California. Debra J. Adams, City Clerk ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) (the "District"). The City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2000-01 (South Etiwanda), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Rate and Method") and incorporated herein by this reference. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Rate and Method, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in rome and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Govemment Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on ,2000; Enacted at a regular meeting of the City Council of the City of Rancho Cucamonga, California, held on the day of ,2000, by the following vote: AYES: NOES: ABSENT: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk 2 EXHIBIT A CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A Special Tax shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2000-01 ("CFD"). The amount of Special Tax to be levied each Fiscal Year, commencing in Fiscal Year 2001-2002 on a Parcel shall be determined by the City Council of the City of Rancho Cuoamonga, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax for "Developed Property" and "Undeveloped Property" as set forth in Sections B, C, and D below. All of the real property within the CFD, unless exempted by law or by the provisions hereof in Section E., shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms heroinafter set forth have the following meanings: "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1 of Division 2 of Title 5 of the California Government Code of the State of California. "Administrative Expenses" means all actual or reasonably estimated costs and expenses of the City to carry out its duties as the administrator of the CFD as allowed by the Act, which shall include without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax, any litigation involving the CFD, continuing disclosure undertakings of the City as imposed by applicable laws and regulations, communication with bondholders and administrative expenses. "Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "Assessor's Parcel Map" means an official map of the Assessor of the County of San Bernardino designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property, as determined in accordance with Section C.1 .a. below. A-1 157 "Assigned Special Tax Revenue" means the sum of the Assigned Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C, Table 1. "Backup Special Tax" means the Special Tax amount set forth in Section C.1 .b. below. "Backup Special Tax Revenue" means the sum of the Backup Special Tax for all Developed Property projected at buildout of the CFD, as determined in accordance with Section C below. "Bonds" means any bonds or other indebtedness (as defined in the Act) issued by the CFD and secured by the levy of Special Taxes. "Bond Share" means the share of Bonds assigned to a Payoff Parcel as specified in Section G below. "CFD" means Community Facilities District No. 2000-01 (South Etiwanda) of the City established pursuant to the Act. "City" means the City of Rancho Cucamonga, California. "Debt Service" means for each calendar year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January 1 of such Fiscal Year. "Developed Property" means all Pamels of Taxable Property for which a building permit has been issued prior to March 1st preceding the Fiscal Year for which the Special Tax is being levied. "Exempt Property" means any Parcel or portion of a Parcel, which is exempt from Special Taxes pursuant to Section E. below. "Final Map" means the subdivision of property resulting from the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. "Fiscal Year" means the period starting on July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. A-2 "Land Use Category" means any of the categories listed in Table 1. "Maximum Annual Special Tax" means the maximum Special Tax, determined in accordance with Section C, which can be levied in any Fiscal Year on any Parcel of Taxable Property. "Net Taxable Acre" means the acreage of a Parcel of Taxable Property as indicated on the most recent Assessor's Parcel Map, or if the land area is not shown on the Assessor's Parcel Map, the land area shown on the applicable Final Map, or other recorded City parcel map. "Non-Residential Property" means all Parcels of Developed Property for which a building permit was issued for any type of non-residential use. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel(s)" means a lot or parcel shown on an Assessor's Pamel Map with an assigned parcel number as of January 1 preceding the Fiscal Year for which the Special Tax is being levied. "Parcel's Allocated Share" means the amount calculated in Step 2 of Section G. "Payoff Parcel" means any Parcel of Taxable Property for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section G. "Property Owner's Association Property" means any property within the boundary of the CFD which, as of January 1 of the preceding Fiscal Year for which the Special Tax is being levied, has been conveyed, dedicated to, or irrevocably dedicated to a property owner association, including any master or sub-association. "Public Property" means any Parcel within the boundary of the CFD which, as of January I of the preceding Fiscal Year for which the Special Tax is being levied, is used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State of California, the county, City, or any other local jurisdiction, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Parcels of Developed Property. For Undeveloped Property, Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to Section E., "Proportionately" means that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all such Parcels. A-3 "Reserve Fund" means the total amount held in any bond reserve fund established pursuant to the provisions of the Indenture for the Outstanding Bonds of the CFD. "Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. "Reserve Requirement" shall have the meaning given such term in the Indenture. "Residential Floor Area" means all of the square footage of living area of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio or similar area, on a Parcel. The determination of Residential Floor Area shall be made by reference to the building permit(s) for the Parcel. "Residential Property" means all Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Special Tax(es)" means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Obligation" means the total obligation of a Parcel of Taxable Property to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means that amount required in any Fiscal Year by the CFD to pay: (i) Debt Service on all Outstanding Bonds; (ii) periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; and (iv) any amounts required to establish or replenish any Reserve Fund to the Reserve Requirement for the Outstanding Bonds; less (v) a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Property" means all Parcels in the CFD, which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means all Parcels of Taxable Property not classified as Developed Property, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions of Section E. A-4 l /o B. ASSIGNMENT TO LAND USE CATEGORY Each Fiscal Year, commencing with the 2001-2002 Fiscal Year, all Parcels of Taxable Property within the CFD shall be classified as either Developed Property, Undeveloped Properly, Public Property and/or Property Owner's Association Property that are not Exempt Property pursuant to the provisions in Section E., and shall be subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C., D., and E. below. Pamels of Developed Property shall further be classified as Residential Property or Non-Residential Property. A Parcel of Residential Property shall further be classified to its appropriate Land Use Category based on the Residential Floor Area of such Parcel. C. MAXIMUM SPECIAL TAX RATE 1. Developed Property The Maximum Special Tax for each Pamel classified as Developed Property shall be the greater of (i) the applicable Assigned Special Tax set forth in Table 1 below or (ii) the amount derived by application of the Backup Special Tax. a. Assiqned Special Tax The Assigned Special Tax for each Pamel of Developed Property is shown in Table 1 below. TABLE 1 Assigned Special Taxes for Developed Property Community Facilities District No. 2000-01 Land Use Category I - Residential Property 2 - Residential Property 3 - Residential Property 4 - Non - Residential Property Taxabl e Unit Residential Floor Area D/U 2,301 sq. ft. or greater D/U 1,801 sq. ft. to 2,300 sq. ft. D/U 1,800 sq. ft. or less Acre N/A Assigned Special Tax Per Taxable Unit $soo $475 $425 $3,700 A-5 b. Backup Special Tax When a Final Map is recorded the Backup Special Tax for the Pamels of Taxable Property within such Final Map area shall be determined by multiplying $3,700 by the total Net Taxable Acreage in such Final Map and dividing such amount by the number of Parcels of Taxable Property (i.e., the number of residential lots) within such Final Map. If a Final Map within the CFD includes Parcels of Taxable Property for which building permits for both residential and non-residential construction may be issued, then the Backup Special Tax for each Parcel of Residential Property within the CFD shall be computed by the Administrator exclusive of the allocable portion of total Net Taxable Acreage attributable to Parcels of Taxable Property for which building permits for non- residential construction may be issued. 2. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Property shall be $3,700 per Net Taxable Acre. 3. Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E. The Maximum Special Tax for each Parcel of Public Property and/or Property Owners Association Property that is not Exempt Property pursuant to the provisions of Section E., shall be $3,700 per Net Taxable Acre. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2001-2002 and for each following Fiscal Year, the City Council shall determine the Special Tax Requirement and shall levy the Special Tax on all Taxable Property in the CFD until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property; A-6 i/-/a Third: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel; Fourth: If additional monies are needed to satisfy the Special Tax Requirement' after the first three steps have been completed, the Special Tax shall be levied Proportionately on each Parcel of Public Property and/or Property Owner's Association Property that is not Exempt Property pursuant to the provisions of Section E. at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than ten percent (10%) per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel of Taxable Property within the CFD. E. EXEMPTIONS The City Council shall not levy Special Taxes on up to 26.04 Net Taxable Acres of Public Property and Property Owner's Association Property within the CFD. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres within the CFD has been reached, the Maximum Special Tax obligation for any additional Public Property and/or Property Owner's Association Property within the CFD shall be subject to the levy of the Special Tax as provided for in the fourth step in Section D, F. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary Ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the City may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose as permitted by the Act on Pareels of Taxable Property for which the payment of Special Taxes are delinquent. G. PREPAYMENT OF SPECIAL TAX Property owners may prepay and permanently satisfy the Special Tax Obligation on Developed Property ("Special Tax Prepayment") by a cash settlement with the City A-7 as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The City determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds. No Special Tax Prepayment shall be allowed unless the Maximum Special Tax that may be levied on all Taxable PrOperty other than the Pamel for which the Special Tax Obligation is being prepaid is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Assigned Special Tax and the Backup Special Tax for the Payoff Parcel based on the assignment of the Maximum Special Tax described in Section C above. Step 2: Divide the Assigned Special Tax for the Payoff Parcel from Step 1 by the Assigned Special Tax Revenue. Divide the Backup Special Tax for the Payoff Parcel by the Backup Special Tax Revenue. The greater amount calculated in this step shall be the Payoff Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD. Step 4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. The Reserve Fund Share is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Pamel's Allocated Share. Step 5: Calculate the amount needed to pay interest on Bond Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned A-8 /,/z/ from the reinvestment of the Special Tax Prepayment less money kept by the City to cover costs from the date of the prepayment until the first redemption date for the Bonds, Step 6: Determine the total Special Tax Prepayment amount by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step 5 and by adding all fees, call premiums, and expenses incurred by the City in connection with the prepayment calculation or with the application of the proceeds of the Special Tax Prepayment. H. TERM OF THE SPECIAL TAX For each year that any Bonds are outstanding the Special Tax shall be levied on all Parcels subject to the Special Tax. If any delinquent Special Taxes remain uncollected prior to or after all Bonds are retired, the Special Tax may be levied to the extent necessary to reimburse the CFD for uncollected Special Taxes associated with the levy of such Special Taxes, but not later than the 2031-32 Fiscal Year. A-9 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Pad 1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "District"). The City Council of the City of Rancho Cucamonga, California, acting as the legislative body of Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park), does hereby ordain as follows: SECTION I. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Rate and Method") and incorporated herein by this reference. SECTION 2. This City Council, acting as the legislative body of the DiStrict, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Rate and Method, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Rancho Cucamonga, California, on ,2000; Enacted at a regular meeting of the City Council of the City of Rancho Cucamonga, California, held on the day of ,2000, by the following vote: AYES: NOES: ABSENT: ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk Iq7 EXHIBIT A CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (Rancho Cucamonga Corporate Park) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX. A Special Tax applicable to each assessor's parcel or portion thereof in the CFD shall be levied and collected according to the tax liability determined by the Council, through the application of the rate and method of apportionment of the Special Tax set forth below. All of the property in the CFD, unless exempted by law or by the provisions of this Rate and Method of Apportionment of Special Tax, shall be taxed to the extent and in the manner herein provided. I. DEFINITIONS "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Acre or Acreage" means the land area of a Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Pamel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. "Administrative Fees or Expenses" means the actual or estimated costs incurred by the City as administrator of the CFD to determine, levy and collect the Special Taxes, including salaries of City employees and the fees of consultants, legal counsel, corporate paying agents, fiscal agents, and trustees; the costs of collecting installments of the Special Taxes upon the general tax rolls; cost of arbitrage calculation and arbitrage rebates, preparation of required reports; and any other costs required to administer the CFD as determined by the "Administrative Services Director" means the Administrative Services Director of the City or his or her designee. "Assessor" means the Assessor of the County. "Bond Share" means the share of Bonds assigned to a Taxable Parcel as specified in Section VI. A-1 City of Rancho "Bonds" mean any bonds issued by the CFD or other debt as defined in Section 53317 (d) of the Act incurred by the CFD. "CFD" means the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park). "City" means the City of Rancho Cucamonga, California. "Council" means the City Council of the City of Rancho Cucamonga acting as the legislative body of the CFD under the Act. "County" means the County of San Bernardino, California. "Debt Service" means for each Fiscal Year, the total scheduled amount of principal and interest payable on any Outstanding Bonds during the calendar year commencing on January I of such Fiscal Year. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Indenture" means the bond indenture, fiscal agent agreement, indenture of trust, trust agreement, resolution of issuance of other instrument pursuant to which the Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Maximum Annual Special Tax" means the greatest amount of Special Tax, determined in accordance with Section III, that may be levied in any Fiscal Year on any Parcel. "Maximum Special Tax Revenue" means the sum of the Maximum Annual Special Tax for all of the Taxable Parcels in the CFD. "Outstanding Bonds" means the total principal amount of Bonds that have been issued and not retired or defeased. "Parcel" means any County assessor's pamel that is within the boundaries of the CFD, based on the equalized tax rolls of the County as of January 1 in the prior Fiscal Year. "Parcel's AIIocatsd Share" means the Maximum Annual Special Tax for a Parcel divided by the Maximum Annual Special Tax Revenue. "Payoff Parcel" means any Taxable Parcel for which a prepayment of the Special Tax Obligation is being calculated pursuant to Section VI. "Reserve Fund" means any reserve fund established pursuant to the provisions of the Indenture for the Outstanding Bonds of the CFD. A-2 City of Rancho "Reserve Fund Share" is equal to the lesser of the Reserve Requirement or existing monies in the Reserve Fund, if any, for the Outstanding Bonds multiplied by the Parcel's Allocated Share. "Reserve Requirement" shall have the meaning given such term in the Indenture. "Special Tax" means any special tax levied within CFD pursuant to the Act and this Rate and Method of Apportionment of Special Tax. "Special Tax Obligation" means the total obligation of a Taxable Parcel to pay the Special Tax for the remaining life of the CFD. "Special Tax Requirement" means for any Fiscal Year, the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year [subject to the limitations of Government Code Section 53321(d)], less a credit for funds available to reduce the annual Special Tax levy as determined pursuant to the Indenture. "Taxable Acreage" or "Taxable Acre" is the area within each Taxable Parcel that is suitable for commercial or other improvements when considering existing easements for streets. The minimum Taxable Acreage in this CFD is 137.38 acres. If the total Acreage of all Taxable Parcels falls below the minimum Taxable Acreage of 137.38 acres, the Taxable Acreage for each Taxable Parcel shall be increased proportionally based on the Acreage of such Taxable Parcel until the minimum Taxable Acreage is reached. "Taxable Parcel" means any Parcel that is not a Tax-Exempt Parcel. "Tax-Exempt Parcel" means, as of January Ist of each year, (i) any Parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (ii) any Parcel which constitutes public right-of-way or which is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set forth in the easement, or (iii) any Parcel assigned a zero value by the Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after formation of the CFD by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, shall remain a Taxable Parcel, and (ii) if a public agency owning a Tax-Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessory interest in the parcel to a non-exempt person or entity, the Special Tax shall be levied on the leasehold or possessory interest and shall be payable by the owner of the leasehold or possessory interest. A-3 City of Rancho II. III. IV. VI. CLASSIFICATION OF PARCELS At the beginning of each Fiscal Year, using the definitions above, the Council shall cause each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel. MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax is $3,896 per Taxable Acre. On each July 1, commencing on July 1, 2002, the Maximum Annual Special Tax shall be increased by two percent (2%) of the amount in effect for the previous Fiscal Year. APPORTIONMENT OF SPECIAL TAX Commencing with the first Fiscal Year for which the Special Tax is levied and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and levy the Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The Special Taxes shall be levied each Fiscal Year as follows: (1) The Special Tax shall be levied on each Taxable Parcel in an amount equal to 100% of the applicable Maximum Annual Special Tax; or (2) If less monies are needed to satisfy the Special Tax Requirement, the Special Tax shall be levied preportionally on each Taxable Parcel at less than 100% of the Maximum Annual Special Tax. MANNER OF COLLECTION Collection of the Special Tax shall be by the County in the same manner as ordinary ad valorem property taxes are collected and the Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City may provide by Resolution for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners and (ii) judicial foreclosure of delinquent Special Taxes. SATISFACTION OF SPECIALTAX OBLIGATION Property owners may prepay and permanently satisfy the Special Tax Obligation ("Special Tax Prepayment") by a cash settlement with the CFD as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: The CFD determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on A-4 City of Rancho /51 the Outstanding Bonds. No Special Tax prepayment shall be allowed unless the Maximum Annual Special Tax that may be levied on all Taxable Parcels other than the Payoff Parcel is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The amount of the Special Tax Prepayment shall be established by the following steps: Step 1: Determine the Maximum Annual Special Tax for the Payoff Parcel based on the assignment of the Maximum Annual Special Tax described in Section III above. Step 2: Divide the Maximum Annual Special Tax for the Payoff Parcel from Step 1 by the Maximum Special Tax Revenue to arrive at the Parcel's Allocated Share. Step 3: Determine the Bond Share for the Payoff Parcel by multiplying the Parcel's Allocated Share from Step 2 by the total amount of Outstanding Bonds issued by the CFD. Step 4: Determine the Reserve Fund Share associated with the Bond Share determined in Step 3. Step 5: Calculate the amount needed to pay interest on the Bond Share from the first Bond interest and/or principal payment date established pursuant to the Indenture following the current Fiscal Year until the earliest redemption date for the Bonds on which Bonds may be redeemed from the proceeds of a Special Tax Prepayment. Subtract from this amount, the amount of interest that is reasonably expected to be earned from the reinvestment of the Special Tax Prepayment less money kept by the CFD to cover costs from the date of the prepayment until the first redemption date for the Bonds. Step 6: Determine the Special Tax Prepayment by subtracting the Reserve Fund Share calculated in Step 4 from the Bond Share calculated in Step 3, adding the interest amount calculated in Step A.5 and by adding Debt Service not yet paid for the current calendar year to the date of Bond redemption and all fees, call premiums, and expenses incurred by the City in connection with the prepayment A-5 City of Rancho /,~ ~ calculation or with the application of the proceeds of the Special Tax Prepayment. VII. TERM OF "SPECIAL TAX" The Special Tax shall be collected only so long as required to make payments on the Bonds, but in no event shall it be levied after Fiscal Year 2035-2036. A-6 City of Rancho 15:7 T H E CITY OF ~ANCIIO CUCA~ONGA SU ffRepo DATE: December 6, 2000 Mayor and Members of the City Council Jack Lam, ACIP, City Manager FROM: Brad Buller, City Planner BY: Kid A. Coury, AssociatePlanner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09 - PATIEL - The appeal of the Planning Commission decision to approve the development of a 10,944 square foot church with a religious education school on 2.86 acres in the Low Residential District (2-4 dwelling units per acre), located at 9212 Base Line Road - APN: 202-242-09. Staff has prepared a Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council deny the appeal filed in opposition to the project, thus upholding the decision of the Planning Commission approving the Conditional Use Permit application. BACKGROUND: A neighborhood meeting, attended by 14 residents, was held on July 12, 2000. Subsequently, the project was reviewed by the advisory committees. The project was substantially redesigned based upon recommendations of the Design Review Committee. The Planning Commission conducted a public hearing to consider Conditional Use Permit 00-09 on October 11, 2000 (see attached minutes). Three residents cited their concerns about the project, which included traffic and blocked access to their rear yards. The church has existed in Rancho Cucamonga for 10 years. For the past year, the church has been renting Lions Park Community center on Friday afternoons and Sundays. The attached Planning Commission staff report explains the proposed project in detail. The subject appeal was filed in a timely fashion by 21 petitioners on October 23, 2000 (Exhibit "A"). ANALYSIS: The appellants pose the following points in their appeal: 1. The size of the proposed structure, the architectural elements, and their relationship to the surrounding homes. CITY COUNCIL STAFF REPORT CUP 00-09 - PATIEL December 6, 2000 Page 2 Response: The proposed 11,000 square foot floor area is consistent with other churches in the community and allows for future growth of the mosque's attendance. The project is zoned Low Residential (2-4 dwelling units per acre). This zoning currently allows structures up to 35 feet in height. The proposed single-story structure is 27 feet in total height, with two minarets (to be used as decorative elements only) proposed at 30 feet. Through the design review process, the mass of the building was further reduced, by changing to a gable roof form. The site plan orientation for the Prayer Hall features generous setbacks of 40 feet, 45 feet, and 80 feet from the east, north and west property lines, respectively. It should be noted that if the property was developed with single-family residences (as the code permits), two-story structures could be built at the maximum 35 feet in height and with as little as a 5- foot setback. The two-story structures would conceivably have livable second levels with windows. These second levels could potentially impact the level of privacy enjoyed by the current homeowners with direct views to their existing rear yards. Again, the proposed structure is a single-story building with no useable second story element. 2. Concern regarding the proposed "Speaker System" that will be used at the Center. Response: The applicant has stated that prayer will be called with an indoor microphone (no outdoor sound system will be used). The applicant has further claimed that Islamic prayer does not include any music or instrument play, rather it is a quiet activity during which no talking, gossiping or any other form of interaction is held. If the Council desires, a condition of approval can be added to the resolution of approval identifying that no outdoor sound system shall be utilized on-site, 3. Concern regarding parking capabilities. Response: The proposed project complies with all code requirements for places of assembly. Churches require parking at a rate of one parking space per 35 square feet of sanctuary seating floor area. The Prayer Hall, including the Main Prayer Room and Ladies Auditorium, has 5,256 square feet of floor area. A total of 150 parking spaces is required and 152 parking spaces are proposed. 4. Necessity of an emergency exit at the Center. Response: The mosque worked closely with the Fire Protection District to provide two points of emergency access from their street frontage along Base Line Road. 5. There is a potential problem regarding an "endless" flow of traffic that will be entedng and exiting only on Base Line Road. Response: The appellants did not submit a traffic study to support their concam. In July 2000, a traffic study was prepared for the project, which concluded that daily trips would not significantly impact or increase the level of service currently experienced on Base Line Road (Exhibit "E"). The mosque's peak hours of operation do not occur during morning or evening "rush hours." The report was reviewed and accepted by the City Traffic Engineer. Staff notes that Base Line Road will continue to carry additional traffic until the 210 Foothill Freeway is opened in 2002. CITY COUNCIL STAFF REPORT CUP 00-09 - PATIEL December 6, 2000 Page 3 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. A neighborhood meeting was held on July 12, 2000. Respectfully submitted Brad Buller City Planner BB:KC:Is Attachments: Exhibit "A" - Appellant's Letter dated October 23, 2000 Exhibit "B" - Planning Commission Staff Report dated October 11, 2000 Exhibit "C" - Planning Commission Resolution 00-113 Exhibit "D" - Planning Commission Minutes dated October 11,2000 Exhibit "E" - Traffic Impact Study Exhibit "F" - Newspaper Articles Resolution to Deny Appeal for Conditional Use Permit 00-09 October 23, 2000 The City OfRancho Cucamonga Community Developmere Planning Division Brad Buller-City Planner ~/ 10500 Civic Center Drive Rancho Cucamonga, California 91730 The Proposed Construction on Islamic Mosque and Educational Center Environmental Assessment and Conditional Use Permit 00-09- Patiel APN: 202-242-09 Attention: Mr. Brad Buller As to the public meeting of the Planning Committee, October 11, 2000, Rancho Cueamonga, we the community wish to appeal the decision of the construction of the 11,000 sq. fk facility which is said to operate 7 days a week (M-F 5:30 a.m. to 9:30 p.m.). Concerns of the Home-owners and Tax-oavers we are Appealing this Construction Project and are Re{iuestinl~ a Heating as to the following items: Size of the Structure rehted to homes. size of the Structure in comparison with the projected growth of the member's that will attend this facility over the years, the size of the Mosques' itself (approximately 27 ft. is height with Minuets 30 ft. in heiEhtL We ouestion the Speaker System (day & night) that will be used at the Center, problems regarding the parking capabilities and the necessity of emergency exit. the endless flow of traffic that will be entering and exiting only on Baseline Road. Your reconsideration of the construction of this facility would be greatly appreciated. As the Homeowners of this quiet residential-zoned area we would like to maintain the continued poaee and tranquillity we have enjoyed for many years. We do not see any reason for this change to our daily life. This will impact our day to day lives due to the view we will all be losing, as well as, the noise and traffic that the facility will be bringing into our peaceful neighborhood. Thank you for your consMeration and we look forward to a Hearing date regarding the appeal requested. Sincerely, The proud, long-time Homeowner's of the community of Rancho Cucamonga. (Attached is a list ofhomeowners appealing and periodical.) cc: file /57 OCTOBER 16, 2000 PETITION WE THE PEOPLE OF RANCNO CUCAMONGA - SAN BERNARDINO CA., CALIFORNIA. ARE OPPOSED TO THE CONSTRUCTION OF A 10,944 SQ. FT. ISLAMIC EDUCATIONAL CENTER, WHICH WOULD BE A 27 FOOT HIGH STRUCTURE, DISTURBING A QUIET FAMILY RESIDENTIAL AREA BETWEEN LION AND HELLMAN STREETS AT 9212 BASE LINE RD. SIGNA' OCTOBER 16, 2000 PETITION ~/E THE PEOPLE OF RANCNO CUCAbtONGA - SAN BERNARDINO CA., - - CALIFORNIA. ARE O_P_pQS~_D_ __TO_ THE CONSTRUCTION OE A 10,944 SQ. FT. ISLAMIC EDUCATIONAL CENTER, ldHICH ~/OULD BE A 27 FOOT HIGH STRUCTURE, DISTURBING A QUIET FA~IILY RESIDENTIAL AREA BETWEEN' LION AND HEEL~IAN S~RgET~ ~r' §~i2' i~A~E LINE RD. OCTOBER 16, 2000 PETITION WE THE PEOPLE OF RANCNO CUCAHONGA - SAN BERNARDINO CA., CALIFORNIA. ARE OPPOSED TO THE CONSTRUCTION OF A 10,944 SQ. FT. ISLA~4IC EDUCATIONAL CENTER, WHICH WOULD BE A 27 FOOT HIGH STRUCTURE, DISTURBING A QUIET FA~4ILY RESIDENTIAL AREA BETWEEN LION AND HELLMAN STREETS AT 9212 BASE LINE RD. ~ ,i I/v'L(?C. cb ',', '.-:Z ?, I THE CITY OF ]~ANCHO CUCAMONGA DATE: TO:. FROIVt BY: SUBJECT: October 11, 2000 Chairman and Members of the Planning Commission Bred Buller, City Planner Kirt A. Coury, Associate Planner ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09 - PATIEL - The development of a 10,944 square foot chumh with a religious education school on 2.86 acres in the Low Residential District (2-4 dwelling units per acre), located at 9212 Base Line Road - APN: 202-242-09. PROJECT AND SITE DESCRIPTION: Surroundinq Land Use and Zoninq: North - Single Family Residential, Low Residential (2-4 dwelling units per acre) South - Neighborhood Commercial East - Single Family Residential, Low Residential (2-4 dwelling units per acre) West - Single family Residential, Low Residential (2-4 dwelling units per acre) General North - South - East West Plan Desiqnations: Low Residential (2-4 dwelling units per acre) Neighborhood Commercial Low Residential (2-4 dwelling units per acre) Low Residential (2-4 dwelling units per acre) Site Characteristics: The site is located on the north side of Base Line Road, approximately 330 feet west of Hellman Avenue. The site is generally flat with less than 5 percent slope north to south. The lot is currently occupied by a vacant single-family dwelling at the (front) southwest corner of the site. The remainder of the site is undeveloped with native trees and grasses present. - Single-family dwellings surround the property on the north, east and west. Property immediately south of the site is developed with a retail commercial shopping center. Access to the site will be through an existing drive approach on Base Line Road (Exhibit "B"). PLANNING COMMISSION STAFF REPORT CUP 00-09 - PATIEL OCTOBER 11, 2000 Page 2 ANALYSIS: General: The project will consist of a 10,944 square foot church building with an office area, classrooms, and a prayer room. Finish materials for the building extedor include archway treatments to create horizontal and vertical visual interest, white/almond stucco finish, and tile roofs. The proposed windows will be arched and treated with mullions. The overall building height is proposed at 27 feet. Two minarets, 30 feet in height, mark the front entrance. The columns will be tiered and stucco finished with concrete caps (Exhibit "C"). The applicant proposes to develop the property in three Phases. The first Phase will consist of tenant improvements to the existing single-family dwelling to be converted to a worship/education facility, In addition, the front parking lot and ddveway approach will be constructed as part of Phase one. Phase two will include the development of the main prayer hall building and a majodty of the central parking lot area. Construction time for Phase two is estimated at approximately 2 years. Phase three of the proposed project will include the construction of the office and classroom portions of the building, the remaining parking lot area, and completion of the proposed landscaping. The time completion for this phase is estimated at another 2 years (4 years from project approval). Since no elevations were submitted for Phase two, staff recommends the design be subject to Design Review Committee review, pdor to issuance of building permits. The elevation should not have a blank, unfinished appearance. DesiGn Review Committee: The Design Review Committee (McNiel, Stewart, Coleman) reviewed the project at their September 19, (Exhibit "H") and October 3, 2000; meetings (October 30 minutes were not available at the time of preparation of this report). At the October 3 meeting, the Committee recommended approval of the project provided the applicant screen the proposed facility by adding landscaping at the north end of the property to reduce the visual impact on the surrounding neighbors. The Committee also asked that the applicant modify the front area site design to allow for a more expandable use of the front building area, as well as incorporate additional landscaping (Exhibit "F"). Lastly, the Committee directed the applicant to enhance the architecture of the north building elevation (such as window treatments or arched insets) to provide additional relief to the proposed wall. C. Technicel and Grading Committees: The Technicel and Grading Committees reviewed the project and recommended approval with conditions. Neiahborhood MeetinG: A neighborhood meeting was held on July 12, 2000. Fourteen people attended the meeting, which included property owners from the surrounding residences to the north, east, and west of the subject site. The residents asked general questions regarding access and increased traffic impacts to the site, operations of the proposed facility, construction and development, and the architectural design of the building. The residents expressed concerns regarding the potential impacts of the development. PLANNING COMMISSION STAFF REPORT CUP 00-09 - PATIEL OCTOBER 11,2000 Page 3 Environmental Assessment: Part I of the Initial Study has been completed by the applicant. Staff has completed Part II of the Initial Study (Exhibit "G") and, the Environmental Checklist, and has determined that there are no significant impacts associated with the project. If the Commission concurs, then issuance of a Negative Declaration would be in order. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the project site. RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit 00-09 through the adoption of the attached Resolution of Approval with Conditions. Respectfully submitted, Brad Buller City Planner BB:KC:mlg Attachments: Exhibit 'A" - Location Map Exhibit 'B" - Site Plan/Grading Plan Exhibit "C' - Elevations Exhibit "D' - Floor Plans Exhibit 'E" - Landscape Plan Exhibit 'F" - Alternative Site Design Exhibit "G" - Initial Study , Exhibit "H" - Design Review Committee Minutes dated September 19, 2000 Resolution of Approval with Conditions Location Map CUP 00-09 Project Site parcels S nl x :z ALT.-A: SOUTH(FRONT) El FVA~ON MAIN PRA~ EAST AND WE,ST S.,~,.E) ELEVA"IION rl II FLOOR PLAN ENCOI~ ENG~-q FI GENERAL NOTES -r CUP 00-09. 9212 BASE LINE ROAD SITE PLAN City of Rancho Cucamonga Planning Oh/~ion (909) 477-2750 ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) The purpose of this form is to inform the City of the basic components of the proposed project so that the City may review the project pursuant to City policies, ordinances, and guidelines; the California Environmental Quality Act; and the City's Rules and Procedures to Implement CEQA. It is important that the information requested in this application be provided in full. GENERALINFORMA~ON: INCOMPLETE APPLICATIONS WILL NO T BE PROCESSED. Please note that it is the responsibility of the applicant to ensure that the application is complete at the Ume of submittal; City staff will not be available to pedorm work required to provide missing info~nation. Application Number for the project to which this fonn pertains: Name & Address of project owner(s): NameaA..reaso,.eve,oparorpmieaaponsor: \ ~ m',c 6~,~_ o~ ~ ~ ~a ~ Co.tact Pe=on a ,~a,,.s: ' A ~%~J huA~ t P~ , ~D Telephone Number. ' (ac~Z'~ - 2'17-7 Name & Address of person preparing this form (if different from above): Te~phone Numbon EXHIBIT"G" INITSTD1 .VVPD - 4/96 Page I /70 PROJECT INFORMATION & DESCRIPTION: Information indicated by asterisk (*) is not required of non-construction CUP's unless otherwise requested by staff. '1) Provide a furl scale (8-1/'2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and indicate the site boundaries. Provide a set of colorphotographs which show representative views into the site from the north, south, east and west; views into and frgm. the site from the priroary access points which serve the site; and mprasentative views of significant features (r~m, the site. Include a map showing location of each photograph. 4) AssessoPs Pamel Numbers (attach additional sheet if necessary): '5) Gross Site Area (adsq. ft,): ~ ' °6) Net Site Area (total site size minus area of public stmots & proposed dedications): Az_jI ,, / I , 2 7) Describe any proposed general plan amendment or zone change which would affect the project site (attach additional sheet if necessary: Include a description of all permits which will be necessary frooro the City of Rancho Cucaroonga and other governroental agencies in order to fully impleroent the project: 17/ INITSTD1 .WPD o 4/96 Page 2 9) Describe the physical setting of the site as it exists befora the project including information on topography, soil stability, plants and animals, matura trees, trails and roads, drainage courses, and scenic aspects. Describe any existing structures on site (including age and condition) and the use of the structures. Attach photographs of significant features described. In addition, site all sources of information (i.e., geological and/or hydrologic studies. biDtic and archeDlogical surveys, traffic studies): 10) Describe the known cultural and/or historical aspects of the sile. Site all sources of information (books, published reports and oral history): ' Describe any noise sources and their levels that flow affect the site (aircraft, roadway noise, etc.) and how Ihey will affect . proposed uses: Descrfbe the proposed project in detail. This should provide an adequate description of the site in tellis of ultimate use which will result from the prosed project. Indicate if them am proposed phases for development, the extent of development to occur with each phase. and the anticipated completion of each increment. Attach additional sheet(s) if necessan/: · "(b.. ~-,~. occ~frvw7 ~1 o~w,-.c~-~l ~,, ~.-y, b,-,f~,.d.~ ' 13) Describe the surrounding properties. including infommation on plants and animals and any cultural. historical. or scenic aspects. Indicate the type of land use (residential. commemial. etc.). intensity of land use (one-family. apartment houses. shops. department stores. etc.)and scale of development (height. frontage. setback, mar yard. etc.): INITSTD1 .WP{) - 4/96 Page 4, 15) Indicate the type of short-term and long-term noise to be generated, including source and amount. How will these noise levels affect adjacent properties and on-site uses. What methods of sound proofing are proposed? 17) Indicate any bodies of water (including domestic water supplies) into which the site drains: · . .~.oa~c ,_n~. m~,_ .e,~ ~m~-~,,~Ua- s'~-r'rd;o ',-~ 18) Indicate expected amount of water usage. (See Attachment A for usage estimates). For further clatffication, please contact the Cucamonga County Water DisttYct at 987-2591. a. Residential (gal/day)Peak use (gallDay) comme , nd. o° Pea use ,ge m,:'ec, Attachment A for usage estimates). For further clatffication, please contact the Cucamonga County Water District at 987-2591. a. Residential (gaYday) b. CornmeroiaYlnd, (gal/day/ac) RESIDENTIAL PROJECTS: 20) Numberofresidentialunits: ~1,~ Detached (indicate range Of pamel sizes, minimum lot size and maximum lot size: /7'-/ INITSTD1 .WPD - 4/96 Page 5 Attached (indicate whether units am rental or for sale units): 21) Anticipated range of sale prices and/or mnts: Sale Price(a) Rent (per month) $ to $ to $ 22) Specifynumberofbedmomsbyunit.type: 23) Indicate anticipated household size by unit type: 24) Indicate the expected number of school children who will be residing within the project: Contact the appropriate School Districts as shown in Attachment B: a. Elementary: b. Junior High: c. Senior High COMMERCIAL. INDUSTRIAL AND INSTITUTIONAL PROJECTS 25) Desc~be type ~f use(s) and maj~r functi~n(s) ~f c~mmemia~. industria~ ~r instituti~na~ uses: Total floor area of, commercial, industrial, or institutional uses by type: INITSTD1.WPD - 4j96 Page 6 ' 28) Number of employees: 29) Pmvidebmakd~wn~fanticipatedj~bc~assi~cati~ns.inc~udingwageandsa~aryranges.aswe~~asanindicati~n~ftherate of him for each classification (attach additional sheet if necessat),): I, ¢-, ,':1 ,' - 30) Estimation of the number of workem to be himd that currently msid~ in the City: · 31) For commemial and industrial uses only, indicate the soume. type and amount of air pollution emissions. (Data should be verified through the South Coast Air Quality Management District, at (818) 572-6283): ALL PROJECTS 32) Have the water, sewer, fire. and flood control agenc#es serving the project been contacted to determine their ability to provide adequate service to the proposed pmject? If so, please indicate their response. INITSTD1 .VVPD - 4/96 Page 7 In the known history of this property, has there been any use. storage. or discharge of hazardous and/or toxic reaterials? Examples of hazardous and/or toxic materials include. but are not limited to PCB 's; radioactive substances: pesticides and herbicides; fuels, oils, solvents, and other ~ammable liquids and gases. Also note underground storage of any of the above. Please list the reaterials and describe their use, storage. and/or discharge on the property, as weft as the dates of use, if known, . 34) Will the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic materials. including but not limited to those examples listed above? If yes. provide an inventory of aft such materials to be used and proposed method of disposal. The location of such uses. along with the storage and shipreent areas. shaft be shown and labeled on the application plans, I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for adequate evaluation of this project to the best of my ability, that the facts. statements. and information presented are true and correct tot he best Of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be reade by the City of Rancho Cucamonga. Date: /77 INITSTD1 .WPD - 4/96 Page 8 ' City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND Project File: Conditional Use Permit 00-09 Related Files: N/A Description of Project: The development of a 10,944 square foot chumh with a religious education school on 2.86 acres in the Low Residential District, located on the north side of Base Line Road between Lion Street and Hellman Avenue - APN: 202-242-09. Project Sponsor's Name and Address: Islamic Center of Inland Empire, Inc. 9212 Base Line Road Rancho Cucamonga, 91729 General Plan Designation: Low Residential Zoning: Low Residential Surrounding Land Uses and Setting: North, east, and west of the site are single-family residential dwellings, also to the east is a one-story church, south of the site is developed with a retail commercial shopping center and a community center. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Contact Person and Phone Number: Kirt Coury Associate Planner (909) 477-2750 10. Other agencies whose approval is required: None / Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. ( ) Land Use and Planning (X) Population and Housing (X) Geological Problems (X) Water (X) Air Quality (X) Transportation/Circulation ( ) Biological Resources ( ) Energy and Mineral Resources ( ) Hazards (X) Noise ( ) Mandatory Findings of Signfficance ( ) Public Services ( ) Utilities and Service System (X) Aesthetics ( ) Cultural Resources ( ) Recreation DETERMINATION On the basis of this initial evaluation: (X) I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. Signed: Associate Planner October 4, 2000 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," and "Less Than Significant Impact" answers, including a discussion of ways to mitigate the significant effects identified. Issues and Supporting Information Sources: LAND USE AND PLANNING. Would the proposal.' Conflict with general plan designation or zoning? () () (,/) Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 3 Issues and Supporting Information Sourues: b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? () () () (/) c) Be incompatible with existing land use in the ( ) ( ) ( ) (,/) vicinity? d) Disrupt or divide the physical arrangement of an established community? () () () (/) Comments: a-d) The proposed expansion of the church is designed to conform to the Development Code. No change or use of plan amendment is proposed. Issues and Supporting Information Sources: 2. POPULAT!ON N~D HOUSI~G. Would the proposah a) Cumulatively exceed official regional or local population projections? () () () (/) b) Induce substantial growth in an area either ( ) ( ) ( ) (/) directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? () () (/) () Comments: a-b) Construction activities at the site will be short-term and will not attract new employees to the area. · c) The site was previously used as a single-family residence. Issues and Supporting Information Sourues: GEOLO~C PROS.BitS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? () () () (/) () () (/) () Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 4 Issues and Supporting Information Sources: c) Seismic ground failure, including liquefaction? d) Seiche hazards? e) Landslides or mudflows? f) Erosion, changes in topography, or unstable soil conditions from excavation, grading, or fill? g) Subsidence of the land? h) Expansive soils? i) Unique geologic or physical features? Comments: a-c) d) g-h) i) () () (,/) () () () () () () () () () () (,/) () () () () () () () () () No known faults pass through the site. It is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Rod Hill Fault. The Rod Hill Fault, or Etiwanda Avenue Fault, passes within 1/2 mile southeast of the site, and the Cucamonga Fault Zone lies approximately 3 miles north. These faults are both capable of producing IVl. 6.0 - 7.0 earthquakes, respectively. In addition, the San Jacinto fault, capable of producing up to M~ 7.5 earthquakes, is 9 miles northeast of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 12.5 miles northeast of the site. Each of these faults can produse strong ground shaking. Liquefaction could occur at the site if a strong earthquake coincidod with an extendod pedod of heavy rains raising the local water table. Soil type on-site and in the vicinity is Tujunga-Delhi. These soils are relatively stable but subject to liquefaction when the water table is relatively shallow. Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant. The site is not located near a body of water. The site is relatively flat, so landsliding or mudflows are not likely to occur. The site is relatively flat, so grading in preparation of the building pad will be minimal. Grading will create the necessary slope gradient to allow proper site drainage. Soil type on-site and in the vicinity is Ramona-Arlington (Rc-AD/CD-2). The Building and Safety Division, prior to issuance of building permits, will require a soils report for compaction and foundation requirements. The site contains no unique geologic or physical features. Initial Study for City of Rancho Cucamonga CUP 00-O9 Islamic Center of Inland Empire, Inc. Page 5 Issues and Supporting Information Sources: WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? b) d) Exposure of people or property to water related hazards such as flooding? Discharge into surface water or other alteration of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? Changes in the amount of surface water in any water body? Changes in currents, or the course or direction of water movements? f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through intemeption of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? () () (/) () () () () () () () · (/) (/) () () () (/) () () () (/) () () () (/) () () (/) () () (/) () () (/) Commefit~; a) The project is expected to result in changes in absorption rates and drainage patterns. A final grading plan will show how stormwater runoff will be handled both during construction and operation. Approval of grading. plans and conditions applied to the project by the City Engineer to ensure adequate site drainage will make this impact less than significant. b) The site is not located within the 100-year flood plain. c-e) The project site is not located near a body of water. The applicant will provide a grading plan showing how stormwater runoff will be conveyed, prior to issuance of a grading permit. f-i) The project will not interfere with groundwater management practices in the area. The site is not used for groundwater recharge. Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 6 Issues and Supporting Information Sources: AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to ( ) ( ) (/) ( ) an existing or projected air quality violation? b) Expose sensitive receptom to pollutants? ( ) ( ) (/) ( ) c) Alter air movement, moisture, or temperature, or ( ) ( ) ( ) (/) cause any change in climate? d) Create objectionable odors? ( ) ( ) ( ) (/) Comments: a-b) Potential impacts to air quality am consistent with the Public Health and Safety Super- Element within the Rancho Cucamonga General Plan. During construction, them is the possibility of fugitive dust to be emitted from grading the site. Dust emissions could be sufficient to warrant the use of water at this site as a standard condition of approval for grading and earth-disturbing activities. c-d) The proposed project is to construct a church building of 10,944 square feet. The end use will not generate emissions that could cause climatic changes or objectionable odors. Issues and Supporting Information Sources: TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intemections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity on-site or off-site? e) Hazards or barriem for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic impacts? ) () (/) () ) () ( ) (/) () ( ) (/) () () () () (/) () ( ) (,~) ) () () (/) Initial Study for CUP 00-09.Islamic Center of Inland Empire, Inc. City of Rancho Cucamonga Page 7 Comments: a) The project site is required to comply with standard conditions of approval for provision of adequate ingress/egress. from the site, employee/visitor on-site parking, and emergency vehicle access. Compliance with conditions of approval will ensure that project-related trips are less than significant. Traffic associated with a chumh use is anticipated to occur at non peak-hour commute times. The chumh use will generate traffic primarily in the evenings and on weekends. b-d) The site is a rectangular parcel with a proposed entry driveway on Base Line Road. On-site parking is proposed south of the church building. The building will be accessible to emergency vehicles. e-f) The proposed building will be set back from the street and will not pose a hazard or barrier to pedestrians or cyclists. g) The site is located over 6 miles from the Ontario Airport, the site is offset north of the flight path and will not be dangerous to users or aircraft. Issues and Supporting Information Sources: pote~tlally Pote~any un:ess ~ $0~r~cant M~ S~fficant NO ~mpact mcomorated m~d ~rmact BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their ( ) ( ) habitats (including, but not limited to: plants, fish, insects, animals, and birds)? b) Locally designated species (e.g., heritage trees, ( ) ( ) eucalyptus windrow, etc.)? c) Locally designated natural communities (e.g., ( ) ( ) eucalyptus grove, sage scrub habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and ( ) ( ) vernal pool)? e) Wildlife dispersal or migration corridors? ( ) ( ) () () (/') (/) (/) (/) Comments: a,d-e) The project proposes development within an existing and fully developed residential district. There is no wetland habitat on or in the vicinity of the site and because of the development in the area, no wildlife corridors exist. The site is not identified on maps as potential Delhi Flower Loving Fly habitat. b-c) The site is currently occupied by a vacant single-family residence, with the remainder of the site undeveloped with native trees and grasses present. No endangered or sensitive species or habitats will be affected by this project. Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of inland Empire, Inc. Page 8 Issues and Supporting Information Sources: ENERGY AND MINERAL RESOURCES. Would the proposal.' a) Conflict with adopted energy conservation ( ) ( ) ( ) (,/) plans? b) Use non-renewable resources in a wasteful and ( ) ( ) ( ) (/) inefficient manner?. c) Result in the loss of availability of a known ( ) ( ) ( ) (/) mineral resource that would be of future value to the region and the residents of the State? Comments: a-b) The project will be required to conform with applicable City standards for energy conservation. c) The project site is not within a Mineral Resources Zone for aggregate material (MRZ-2). Issues and Supporting Information Sources: 9. HAZARDS. Would the proposal involve: Pots~t~, Ir, lx,~ Less P~e~taally Unbss Than Sigllfficant Iv~ga~al Sgnfficam 'NO Impact Ir~ome~d Impe~ Iml~'t a) A risk of accidental explosion or release of ( ) ( ) ( ) (/) hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? () c) The creation of any health hazard or potential ( ) health hazard? d) Exposure of people to existing sourues of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? () () () () (,/) ( ) ( ) (/) () () (/) () () (,~) Comments: a) The proposed project does not include the storage, use or disposal of hazardous materials. Initial Study for CUP 00-09 Islamic Center of Inland Empire, Inc. City of Rancho Cucamonga Page 9 b-d) The project site is located in a developed residential area where roads are constructed to accommodate planned land uses. The site will be developed under the conditions of approval set forth by City departments to ensure that public health and safety is not compmmised. e) The project site is not located in a fire hazard area. 10. Issues and Supporting Information Sources: NOISE. Will the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? PotentiaJly Sgrff,:am Impact ~ P~e~t~y U,~,~ Than .~(~r.c~t Mffiga~on S~nmcant No Impact tr~of~'~e~ In~ Impact () () (/) () () () (/) () Comments: a-b) The proposed project will involve large gatherings of people and generate vehicle trips which will increase existing noise levels, particularly for residents on the north, east, and west sides of the project area. The project design includes buffering in the form of landscaping, a block wall, and generous building setbacks to provide a buffer and effectively decrease noise levels to acceptable levels for the adjacent residential areas. 11. Issues and Supporting Information Sources: PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) ( ) (/) b) Police protection? ( ) ( ) ( ) (/) c) Schools? ( ) ( ) ( ) (/) d) Maintenance of public facilities, including roads? ( ) ( ) ( ) (/) e) Other governmental services? ( ) ( ) ( ) (/) Comments: a-e) Fire Protection - The site, located near the corner of Base Line Road and Hellman Avenue, is served by a fire station near the corner of 19th Street and Amethyst Avenue - approximately 1 mile northeast of the project site. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project. Initial Study for CUP 00-09 Islamic Center of Inland Empire, Inc. City of Rancho Cucamonga Page 10 Police Protection - The proposed church addition may incrementally increase the need for routine police protection services, consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee Schedules adopted by the City Council. Schools - The proposed church addition will not increase the need for schools, · . Parks - The proposed church addition will not increase the need for park and recreation services. Public facilities -The proposed church addition will not significantly increase traffic on adjacent streets. 12. Issues and Supporting Information Sourues: UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities: a) Power or natural gas? ( ) ( ) b) Communication systems? ( ) ( ) c) Local or regional water treatment or distribution ( ) ( ) facilities? d) Sewer or septic tanks? ( ) ( ) e) Storm water drainage? ( ) ) f) Solid waste disposal? ( ) ) g) Local or regional water supplies? ( ) () ( ) () () (,/) ( ) (/) () () Comments: a-g) The proposed project will include the construction of an approximate 10,944 square foot building to be used as a church with weekend sChool/classrooms. Existing systems and utilities are available to the site. The proposed project will not require major modifications or alterations to the existing utility systems. 13. Issues and Supporting Information Sourues: AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) ( ) ( ) (,/') b) Have a demonstrable negative aesthetic effect? ( ) ( ) (/) ( ) c) Create light or glare? ( ) ( ) (/) ( ) Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 11 Comments: a) The site is not identified by the General Plan as having a scenic vista, neither is Base Line Road identified as a scenic highway. b) The proposed church is a 10,944 square foot building With an office area, classrooms, and a prayer room. The building exterior will include a white/almond stucco finish with archway treatments end a tile roof. The site will be paved and striped for parking, and fully landscaped. These design elements are compatible with the surrounding neighborhood, which is primarily single family residences. The building has setbacks far in excess of City requirements which provide a buffer tO surrounding residences. c) The project will include parking lot lights and various lighting on and around buildings which could create light or glare on surrounding properties, in particular the residential properties on the north, east, and west of the project area. As a result, light fixtures will be shielded and directed away from residential areas. A detailed lighting plan, including a photometric diagram, will be prepared prior to issuance of building permits to provide proper shielding of light sources from adjoining properties. Issues and Supporting Information Sources: Slor~f~ant impact Lsss P{~y tinless Than Sg.fficEmt Ur~ga~o~ S~mcent No 14. CULTURAL RESOURCES. Would the proposal: a) Disturb Paleontological resources? ( ) ( ) ( ) (,/) b) Disturb archaeological resources? ( ) ( ) ( ) (/) c) Affect historical or cultural resoumes? ( ) ( ) ( ) (/) d) Have the potential to cause a physical change, ( ) ( ) ( ) (/) which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within ( ) ( ) ( ) (/) the potential impact area? Comments: a-e) The site has not been identified in the City's Master Environmental Assessment as containing historic or cultural resources. The site is located in a developed residential area and to date, no resources have been uncovered in the vicinity of the project site. Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 12 15. Issues and Supporting Information Sources: RECREATION. Would the proposal: 'a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? No () () (/) () () (/) Cornmerits: a-b) The proposed church expansion will not increase the need for park and recreation serviceS, nor will it affect any existing recreation opportunities. Issues and Supporting InformatiOn Sources: 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the ( ) ( ) ( ) (,/) potential to degrade the 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) Short term: Does the project have the potential ( ) ( ) ( ) (V:) to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive pedod of time. Long-term impacts will endure well into the future.) c) Cumulative: Does the project have impacts that ( ) ( ) ( ) (/) are individually 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.) Initial Study for City of Rancho Cucamonga CUP 00-09 Islamic Center of Inland Empire, Inc. Page 13 issues and Supporting Information Sources: d) Substantial adverse: Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Potertally Irmac~ () ~mpact Unless Incomorated ) ~mpact ) No Comments: a) The project proposed is a church expansion. The site is currently occupied with a vacant single-family dwelling. The church building will be developed within a portion of the site that is undeveloped with native grasses present. No endangered or sensitive species or habitats will be affected by this project. b) Because of the relatively small size of the building site area, slightly less than 3 acres, and the type of use proposed, no short-term impacts were identified. c) The project does not have impacts that are individually limited, but cumulatively considerable. The site is within a Low Residential area which allows churches through approval of a Conditional Use Permit. The initial study did not identify any impacts that could not be mitigated through the City's standard conditions of approval. d) The proposed church development on a 2.86 acre site would not cause substantial adverse effeots on human beings, either directly or indirectly. The site is located in a residential area near the corner of Base Line Road and Hellman Avenue. 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 EIR 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): · General Plan EIR (Certified April 6, 1981 ) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) DESIGN REVIEW COMMENTS 7:10 p.m. Kirt Coury September 19, 2000 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09 - PATIEL - A request to construct a new 10,944 square foot Church with religious education school on 2.86 acres in the Low Res~idential District, located on the north side of Base Line Road between Lion Street and Hellman Avenue - APN: 202-242-09. DesiOn Parameters: The site is located on the north side of Base Line Road, approximately 330 feet west of Hellman Avenue. The site is generally flat with less than 5 percent slope north to south. The lot is currently occupied by a vacant single-family dwelling at the (front) southwest comer of the site. The remainder of the site is undeveloped with native trees and grasses present. Single-family dwellings surround the property on the north, east, and west. Also to the east is an existing church. Property immediately south of the site is developed with a retail commercial shopping center. Access to the site will be through an existing drive approach on Base Line Road. The project will consist of a 10,944 square foot church building with an office area, classrooms, and a prayer room. The building will be built on the 2.86 acres of land. The building will be self sufficient with independent access, parking, and utility services. Finish materials for the building extedor include archway treatments to create horizontal and vertical visual interest, reddish/brown split-face block, and a tile roof. The proposed windows will be arched and treated with mullions. The overall building height is proposed at 21 feet. The applicant proposes to develop the property in three phases. The first phase will consist of tenant. improvements to the existing single-family dwelling to be converted to a worship/education facility. In addition, the front parking and ddveway approach will be constructed as part of Phase one. Phase two will include the development of the main prayer hall building and a majority of the central parking lot area. Construction 'time for Phase two is estimated at approximately 2 years. Phase three of the proposed project will include the construction of the office and classroom portions of the building, the remaining parking lot area, and completion of the proposed landscaping. The time completion for this Phase is estimated at another 2 years (4 years from project approval). Staff Comments: The following comments are intended to provide an outline for Committee discussion. Maior Issues: The primanJ design issue is compatible with the surrounding neighborhood. The Development Code states that "Materials, colore, scale, and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one land use tO the another rather than a sharp and displeasing contrast. Purely aesthetic details that are "tacked" onto a building to cover up land use conflicts; however, will cause more harm than good. The architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material, and roof line." The following broad design issues will be the focus of Committee discussion regarding this project: Building Style/Form - Revise building style/form to a more residential character. The Prayer Hall, as a 2-story building, will be the most visually prominent structure and is located at the roar of the property surrounded by single-family homes. Introduce a combination of hip and gable roof forms and eliminate flat parapet lines. The long flat parapet wall along the north elevation is not consistent with the adjoining single-family homes. EXHIBIT "H" 191 DRC COMMENTS CUP 00-09 - PATIEL September 19, 2000 Page 2 2. Building Size - Staff believes that the size of the proposed 2-story Prayer Hail, which stands ._ 2:1 feet high and has a footprint of 48 feet by 72 feet, is compatible with the area despite a larger mass than the small single family residences in the area. The Site Plan odentation place~ the Prayer Ha!l at the rear of the property with generous setbacks of 40 feet, 45 feet, and 80 feet from the east, north and west property lines. Color - Change building color to a light shade rather than brown. The existing house of the subject site, the church to the east and the shopping center across Base Line Road all feature white stucco. Material - The proposed split face block material is not compatible because there are nO other split face block buildings in the immediate area. Change pdmary exterior wall material to stucco consistent with the area. Roof Line - Change mansard roof line to a combination of hip and gable roofs. The neighborhood consists primarily of strUctures built prior to incorporation, including single- family homes, a chumh, and the Lions Park Community Center East (former County library). Although there is a mix of architectural styles and materials, it is significant to note thatthere are no other mansard roofs in the area. SecondaN Issues: Once all Of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: Provide more trees and decorative landscaping in northem portion of property encircling the "proposed building to help screen visual impact of bu!lding on surrounding neighbors. Incorporate angled parking with a landscape planter for parking spaces 19-50 as was done for parking spaces 51-72.. Relocate trash enclosure further away from southeast comer of building. The proposed Site Plan creates an undesirable continuation of asphalt paving right up to this comer of building. Suggest moving over to the west side of site to be more convenient to the kitchen and auditorium/dining hall. Continue walkway from east side of building to the front side to provide pedestrian access for east parking lot area. Staff Recommendation: Staff recommends that the Design Review Committee approve the project subject to the modifications as recommended above. Desh3n Review Committee Action: Members Present: Rich Macias, Pam Stewart, Dan Coleman Staff Planner: Kirt Coury The Committee recommended the applicant redesign the project according to staff's identified "major" and "secondary' issues. The Committee expressed great concem relating to the site design, and the architectural compatibility with the surrounding residential neighborhood. it was recommended that the applicant work with staff regarding the mentioned issues, and that the item be brought back at a later date for Design Review Committee review. DESIGN REVIEW COMMITTEE MINUTES 8:30 p.m. Kirt Coury October 3, 2000 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09 - PATIEL -A request to construct a new 10,944 square foot Church with religious education school on 2.86 acres in the Low Residential District, located on the north side of Base Line Road between Lion Street and Hellman Avenue - APN: 202-242-09. Design Review Committee Action: Members Present: Rich Macias, Pam Stewart, Dan Coleman Staff Planner: Kirt Coury The applicant presented substantially revised plans. TheCommittee recommended approval of the project provided the applicant screen the proposed facility by adding landscaping at the north end of the property to reduce the visual impact on the surrounding neighbors. The Committee also asked that the applicant modify the front area site design to allow for a more expandable use of the front building area, as well as incorporate additional landscaping. Lastly, the Committee directed the applicant to enhance the architecture of the north building elevation (such as window treatments or arched insets) to provide additional relief to the proposed wall. RESOLUTION NO. 00-113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 00-09 TO CONSTRUCT A NEW 10,944 SQUARE FOOT CHURCH ON 2.86 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED AT 9212 BASE LINE ROAD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-242-09. A. Recitals. 1. The Islamic Center of the Inland Empire has filed an application for the issuance of Conditional Use Permit No. 00-09, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On the 11th day of October 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and concluded said hearing on that date. 3. All legal prerequisites pdor to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 headng on October 11,2000, including written and oral staff reports, togetherwith public testimony, this Commission hereby specifically finds as follows: a. The application applies to the construction of a 10,944 square foot church on 2.86 acres of land in the Low Residential District, located at 9212 Base Line Road; and b. The property to the north, east and west of the subject site is zoned Low Residential (2-4 dwelling units per acre), and the properly to the south is zoned Neighborhood Commercial, and c. The application contemplates the construction of a new Islamic Worship Centeron property owned by the applicant; and d. The application contemplates the use of the new building from 5:30 a.m. to 9:30 p.m. Monday through Fdday for group worehip and prayer services, and for children's' school purposes from 8:00 a.m. to 10:00 a.m. Saturday and Sunday. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public headrig and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: ca xa= q- "c" PLANNING COMMISSION RESOLUTION NO. 00-113 CUP 00-09 - PATIEL October 11, 2000 Page 3 3) Perimeter landscaping and the north property area landscaping shall be planted with Phase I of the proposed development. 4) Approval of this request shall not waive compliance with any sections of the Development Code, State Fire Marehal's regulations, Uniform Building Code, or any other City Ordinances. If operation of the facility causes adverse effects upon adjacent businesses or residences, the Conditional Use Permit shall be brought before the City Planner for consideration and possible termination of the USO. 6) Any signs proposed for the facility shall be designed in conformance with the Ci~s Sign Ordinance and shall require review and approval by the City Planner, pdor to installation. 9) 10) Any expansion of proposed use, such as, but not limited to, a daycare facility, not considered with this application will be subject to review and approval of a new Conditional Use Permit application. All landscaped areas shall be kept free from weeds and debds and maintained in a healthy growing condition, and shall receive regular pruning, fertilizing, mowing, and tdmming. All future building pads and parking areas that are graded shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Division approval prior to the issuance of building permits. The applicant shall work with staff regarding the line-of-site issue at the northwest comer wall of the property in an effort to prevent blocking views of on-coming traffic for adjacent property owners. A decorative block or masonry wall shall be erected along the perimeter of the property wherever an existing fence is of a matedal other than masonry or block (such as wood or chain link) or is not adjacent to the property line. The applicant shaft work with adjacent property owners to resolve any double wall situations pdor to the issuance of building permits. Engineedngl Division 1) 2) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunicetions and electrical, except for the 66 kV electrical) on the project side of Base line Road shall be paid to the City prior to issuance of building permits. The fee shall be the City's full-adopted unit amount times the length of the property frontage. Project ddve approach shall be relocated to align as dosely as possible with an existing ddveway on the south side of Base Line Road. Use a PLANNING COMMISSION RESOLUTION NO. 00-113 CUP 00-09 - PATIEL October 11, 2000 Page 4 35-foot approach width (no median) measured from the proposed wast edge of the driveway, about 10 feet from the existing structure, as shown on the approved Site Plan. On site the ddveway may taper to a width that works with the layout of the panking lot. a) Remove and replace existing curb, gutter, and sidewalk as needed. b) Protect existing R26(s) signs in place or replace. c) Provide one (1) 9500 Lumen HPSV street light. d) Reconstruct existing sidewalk as needed to cross the ddve approach at zero curb face. e) Driveway accent paving shall be located outside the public dght- of-way. Street improvement plans reflecting the above shall be submitted to and approved by the City Engineer prior to the issuance of a building permit. 3) Provide limited access curb, per Standard Drawing 105-C, forthe Fire Access along the wast property line. Relocetion of the existing catch basin is an option if curving the access mute to avoid it cannot meet Fire Safety criteria. Final dreinage study shall determine the increase in Q100 as a result of developing this site and whether the increase can be accommodated by the existing 18" CMP laterel and catch basin in Base Line Road. Adequate mitigation measures shall be installed to the satisfaction of the City Engineer. All frontage improvements shall be installed with the first development phase. There are three separate phases planned for this development. A grading concept for use in Phase II and Phase III areas shall be submitted for review. The grading plan shall explain the method of dreining for these (incomplete) phased areas upon completion of the first phase. All utility upgredes required for the Phase III building site location shall be installed in Phase I. Previde a plan, which shows all the underground utility stubs to the building located in the Phase III area. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. / q PLANNING COMMISSION RESOLUTION NO. 00-113 CUP 00-09 - PATIEL October 11, 2000 Page 5 . APPROVED AND ADOPTED THIS 11TH DAY OF OCTOBER 2000 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~Chai-~a~ ATI'EST I, Brad Buller, Secretary of the Planning Commission of 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 1 lth day of October 2000, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBJECT: APPLICANT: LOCATION: CONDITIONAL USE PERMIT 00-09 10,944 SQUARE FOOT ISLAMIC WORSHIP CENTER ISLAMIC CENTER OF INLAND EMPIRE, INC. 9212 BASE LINE ROAD ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, COMPLIANCE WITH THE FOLLOWING CONDITIONS: FOR A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, offcars, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, offcars, or employees, for any Court costs and attomey's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. A copy of the signed Resolution of Approval or City Planner's letter of approval, and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. Conditional Use Permit, approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and the Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. Completio~ Date / Project No. CUP 00-09 Coml)letiofi Date Occupancy of the facilities shall not commence until such time as all Uniform Building Code and __/__ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. Revised site plans and building elevations incorporating all Conditions of Approval shall be / submitted for City Planner review and approval prior to the issuance of building permits. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for __/~__ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7, A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner and Police Department (477-2800) prior to the issuance of building permits. Such plan shall indicate style, illumination, Iocetion, height, and method of shielding so as not to adversely affect adjacent properties. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 10. All building numbers and individual units shall be identified in a dear and concise manner, including proper illumination. 11. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/fences along the project's perimeter. / / / / / / D. Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as reduirod by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. E. Parking and Vehicular Access (indicate details on building plans) All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb). 2 1 q Project No. CUP 00-09 Cornoletion Date All parking spaces shall be double striped per City standards and all driveway aisles, entrances, / /__ and exits shall be striped per City standards. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percant or one stall, whichever is greater, of the total number of stalls for use by the handicapped. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. / / / / / / / / / F. Landscaping A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or pdor final map approval in the case of a custom lot subdivision. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls, sufficient to shade 50% of the parking area at solar noon on August 21. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion ccntrel. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. For multi-family residential and non-residential development, property owners are responsible for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept flee from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant matedal shall be replaced within 30 days from the date of damage. The final design of the pedmeter parkways, walls, landscaping, and sidewalks shall be included in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineedng Division. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. All walls shall be provided with decorative treatment. If located in public maintenance areas, the design shall be coordinated with the Engineering Division. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. G. Signs The signs indicated on the submitted plans are conceptual only and not a part of this approval. Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. Project No. CUP 0009 Comoletio~ Date H. Other Agencies The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. General Requirements 1. Submit four complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors. panel schedules, and single line diagrams; Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineers stamp and "wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or wells. 4. Contractore must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. J. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., CUP 98-01). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 4. 5. 6. project No. CUP 00-09 Completion Date Street addresses shall be provided by the Building Official, after tract/parcel map recordation and / /__ pdor to issuance of building permits. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / / through Saturday, with no construction on Sunday or holidays. Construct trash enclosure(s) per City Standard (available at the Planning Division's public /____ counter). The following is required for side yard use for increase in allowable area: __/__ __ a. Provide a reduced site plan (8 ~" x 11 ") which indicates the non-buildable easement. b. Recorded "Covenant and Agreement for the Maintenance of a Non-Buildable Easement," which is signed by the appropriate property owner(s). c. Sample document is available from the Building and Safety Division. K. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering use, area, and fire-resjstiveness. 2. Provide compliance with the Uniform Building Code for required occupancy separation(s). 3. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table 5-A. 5. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 6. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. / / / / / L. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of Califomia to perform such work. 3. A geologicel report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plans shall be completed and approved prior to issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. Project No. CUP 00-09 Completion Date APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Construct the following perimeter street improvements including, but not limited to: / / Street Name Base Line Road Curb & A.C, Side- Drive Street Street Comm Median Bike Other Gutter Pvmt walk Appr, Lights Trees Trail Island Trail (b) (c) X X X (el Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and ovedays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item (el Provide striping for left turns, both north and south as needed. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer / / / / / / Notes: (1) Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. / / / / Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. Project No. CUP 00-09 C~moletion Date Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. Street names shall be appreved by the City Planner prior to submittal for first plan check. N. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 2. Parkway landscaping on the following street(s) shall conform to the results of the respective Beautification Master Plan: Base Line Road. / I / · / / / / O. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a surnp catch basin on the public street. P. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required pdor to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days pdor to final map approval in the case of subdivision or pdor to the issuance of permits in the case of all other residential projects. Q. General Requirements and Approvals A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. project No. CUP 00-09 Completion Date APPLICANT SHALL CONTACT THE FIRE PREVENTION/NEW CONSTRUCTION UNIT, (909) 477-2730, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: R. General Fire Protection Conditions 1. Fire flow requirement shall be: 3,000 gallons per minute, Per '97 UFC Appendix Ill-A, 3, (b) (Increase). X A fire flow shall be conducted by the builder/developer and witnessed by fire department personnel prior to water plan approval. X For the purpose of final acceptance, an additional fire flow test of the on-site hydrants shall be conducted by the builder/developer and witnessed by fire department personnel after construction and pdor to occupancy. 2. Fire hydrants are required. All required public or on-site fire hydrants shall be installed, flushed, and operable prior to delivery of any combustible building materials on site (i.e., lumber, roofing materials, etc.). Hydrants flushing shall be witnessed by fire department personnel 3. Existing fire hydrant locations shall be provided pdor to water plan approval. Required hydrants, if any, will be determined by the Fire District. Fire District standards require a 6-inch riser with a 4-inch and a 2-1/2-inch outlet. Substandard hydrants shall be upgraded to meet this standard. Contact the Fire Safety Division for specifications on appreved brands and model numbers. 4. Prior to the issuance of building permits for combustible construction, evidence shall be submitted to the Fire District that an approved temporary water supply for fire protection is available, pending cempletion of the required fire protection system. 5. Hydrant reflective markers (blue dots) shall be required for all hydrants and installed prior to final inspection. 6. An automatic fire extinguishing system(s) will be required as noted below: X Per Rancho Cucamonga Fire Protection District Ordinance 15. Note: Special sprinkler densities are required for such hazardous operations as woodworking, plastics manufacturing, spray painting, flammable liquids storage, high piled stock, etc. Contact the Fire Safety Division to determine if the sprinkler system is adequate for proposed operations. 7. Sprinkler system monitoring shall be installed and operational immediately upon completion of sprinkler system. 8. A fire alarm system(s) shall be required as noted below: / / X California Cede Regulations Title 24. 9. Roadways within project shall complywith the Fire Distdcrs fire lane standards, as noted: X All roadways per Rancho Cucamonga Fire Protection District Ordinance 32. 10. Fire department access shall be amended to facilitate emergency apparatus. 11. Emergency secondary access shall be provided in accordance with Fire District standards. 12. Emergency access, a minimum of 26 feet wide, shall be provided, and maintained free and clear of obstructions at all times during construction, in accordance with Fire Distdct requirements. 13. All trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire apparatus. project No. CUP 00-09 Completion Date 14. A building directory shall be required, as noted below: X Lighted directory within 20 feet of main entrance(s). 15. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 16. Gated/restricted entry(s) require installation of a Knox rapid entry key system. Contact the Fire Safety Division for specific details and ordering information. 17. Fire District fee(s), plus a $1 per "plan page" microfilm fee will be due to the Rancho Cucamonga Fire Protection District as follows: X $132 for CCWD Water Plan review/underground water supply. X $677 for New Commercial and Industrial Development (per new building).** "Note: Separate plan check fees for Tenant Improvement work, fire protection systems (sprinklers, hood systems, alarms, etc.) and/or any consultant reviews will be assessed upon submittal of plans. 18. Plans shall be submitted and approved pdor to construction in accordance with 1997 UBC, UFC, UPC, UMC, and RCFD Standards 32 and 15 and 1996 NEC. / / S. Special Permits 1. special permits may be required, depending on intended use; as noted below: a. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgement of the Fire Chief is likely to produce conditions hazardous to life or property. b. Places of assembly (except churches, schools, and other non-profit organizations). NOTE: SEPARATE PLAN CHECK FEES FOR TENANT IMPROVEMENTS, FIRE PROTECTION SYSTEMS (SPRINKLERS, HOOD SYSTEMS, ALARMS, ETC.), AND/OR ANY CONSULTANT REVIEWS WILL BE ASSESSED UPON SUBMI'R'AL OF PLANS. NOTE: A SEPARATE GRADING PLAN CHECK SUBMITTAL IS REQUIRED FOR ALL NEW CONSTRUCTION PROJECTS AND FOR EXISTING BUILDINGS WHERE IMPROVEMENTS BEING PROPOSED WILL GENERATE 50 CUBIC YARDS OR MORE OF COMBINED CUT AND FILL. THE GRADING PLAN SHALL BE PREPARED, STAMPED AND SIGNED BY A CALIFORNIA REGISTERED CIVIL ENGINEER. / / / / APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: T. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensered cell, 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3. Lighting in exterior areas shall be in vandal-resistant fixtures. Project No. CUP 00-09 ComDleljon Date U. Security Hardware 1. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. / / V. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track in any manner. / / W. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility. / / Mr. Lakees replied he has the electrical plans and they have the proper foot candles according to what was approved. He indicated they want to enhance the lighting on the building and said it would not shine toward the east. He reported they have addressed the paper litter problem by having their janitorial service dean anything along the fence to the east. Commissioner Tolstoy expressed appreciation and said the business is a nice one. Commissioner Stewart felt the applicant had made a good faith effort to address the issues. Motion: Moved by Stewart, seconded by Tolstoy, to adopt the resolutions appmving Modification to Conditional Use Permit 97-23 and Entertainment Permit 00-02. Motion carried by the following vote: AYES: MACIAS, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE ABSTAIN: MANNERINO - carded CONDITIONAL USE PERMIT 97-38 MODIFICATION - CLUB MATRIXX- A request to expand the hours of operation for a nightdub and restaurant within the Thomas Winery Plaza, in the Specialty Commercial District of the Foothill Boulevard Spedtic Plan, located at 8916 Foothill Boulevard -APN: 208-101-23. (Continued from September27, 2000) ENTERTAINMENT PERMIT 97-04 MODIFICATION - CLUB MATRIXX - A request to modify conditions of approval regarding hours of operation, entertainment uses, and ages of patrons for a nightdub and restaurant within the Thomas Winery Plaza, located at 8916 Foothill Boulevard - APN: 208-101-23. (Continued from September27, 2000) Chairman McNiel observed that the applicant had telephoned and indicated a desire to withdrew the application. He opened the public headng. There were no comments. Motion: Moved by Mannerino, seconded by Stewart. to continue Conditional Use Permit 97-38 and Entertainment Permit 97-04 to October 25, 2000. Motion carded by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09- PATAlL- The development of a 10,944 square foot church with a religious education school on 2.86 acres in the Low Residential District (2-4 dwelling units per acre), located at 9212 Base Line Road - APN: 202-242-09. Kjrt Coury, Associate Planner, presented the staff report. He indicated that staff received two telephone calls in late July from residents opposing the project with concams regarding traffic impacts, visual impacts, and operational impacts to the neighborhood. He reported that the Commissionera also had a copy of a letter submitted earlier in the day opposing placement of a . church within a residential neighborhood. Chairman McNiel opened the public hearing. Shoaib Patall, 5538 Vinmar Avenue, Rancho Cucamonga, stated that school classes would be held only on Sundays. Planning Commission Minutes October 11, 2000 Commissioner Tolstoy asked what roll the minarets would play when the project is completed. He said he has been in countries where the church is very prominent and the minarets are used to call people for worship. He felt that would not be desirable in this neighborhood. Mr. Patall responded it is a religious symbol but would not have any sound impam with the minare~ or a microphone through them. He confirmed that minarets are used for that purpose in many countries, but said they abide by City requirements for all the churches built in the United States and Europe. He stated the building will also be soundproofed and no loudspeakers will be used. Commissioner Stewart asked the size of the congregation. Mr. Patall replied that it vades with 80 to 100' people coming on Fddays, which is their Sabbath. He indicated that it vades up to 25 people dudng the rest of the week but more on Sundays with parents dropping off their children for school. He said there should not be a major crowd bothering the neighbors. Commissioner Stewart asked how long the church has existed. Mr. Patall indicated they currently rent meeting spaco at the Lions Center on Fddays from 12:00 noon to 2:30 p.m. and on Sundays for approximately 4 hours for religious school. He said they have been '~t the Lions Center for almost a year. He remarked they previously met in a warehouse on Feren Boulevard for more than 9 years. He suggested contacting the Lions Center and said they conduct themselves in a very organized fashion. Chuck Hodon, 7097 Lion Street, Rancho Cucamonga, stated he did not know too much about the project. He observed that the applicant had said the congregation is about 80 people and he wondered why such a small congregation would need to build an 11,000 square foot church. He questioned jf the increased traffic was considered as pad of the environmental review. He commented that the newspaper had run a picture about the "parking lot on Base Line Road" in Claremont. He said that Base Line Road at Hellman Avenue, Archibald Avenue, and Beryl Street is also a parking lot on a daily basis in the evening for people coming home. He felt the environmental impact should consider the increase in traffic. Joy Perdeu, 7236 Hellman Avenue, Rancho Cucamonga, stated she lived there for 40 years and enjoyed her privacy. She stated that she and her neighbors have been using the property overthe years to access their back yards, She asked how the fire department would get back there if there was a bad fire..She said they have a peaceful, family neighborhood and they don't want anything to disturb it. Commissioner Tolstoy observed there is an established church at the corner and he asked if that church had impacted them. Ms. Perdeu replied there has been only one problem with the church in that people think they can get to the church from Hellman Avenue. She said when they realize they cannot get to the church from Hellman, they use her driveway to turn around. She stated that when the storm drain was put down Hellman Avenue, they were promised double lines would be painted on the street but that was not done. Jody ;raylot, 7234 Hellman Avenue, Rancho Cucamonga, stated she has lived on Hellman her entire life and her back yard is right where the church would be. She said she was not opposed to a church but wanted the church moved to be up at Base Line Road with parking behind it. She was not sure if there is an easement over the property to access back yards, but she stated that for approximately 40 years the houses along Hellman have had gates and could pull off Base Line Road and drive to their back yards. She didn't know if it was in a deed but she thought it had become like an easement because they had done it for so long. She said she has small childran. Planning Commission Minutes October 11, 2000 Headng no further testimony, Chairman McNiel closed the public headng. Brad Bullet, City Planner, asked if the applicant had ever considered putting the church closer to Base Line Road with parking in the rear. Mr. Coury responded that the matter had been discussed with the applicant when the project was initially submitted, but the applicant felt they could get better access and on-site circulation from the existing ddveway approach in the front. Mr. Buller said the codes require a certain amount of parking in relationship to the square footage of the main sanctuary. He observed that the church is planning to build the project in phases. He said they plan to occupy the existing structures in the front of the property and build a parking lot and then eventually build the back portion. He thought a big part of the consideration was the phasing so that there would not be complete downtime caused by taking down a building and building another. He said in either case there would be some building in the back. He thought the church was trying to construct it in phases that it could financially handle. Regarding the traffic issue, Mr. Buller stated the environmental review included an analysis of the amount of traffic on the street as well as what would be coming in and out of the property and the driveway location. He acknowledged that Base Line Road is a busy street, but said it was believed the amount of traffic generated could safely be handled because of the size of the property and the location of the driveway. Regarding having a church in a residential neighborhood, Mr. Buller indicated it is not uncommon to have churches locate in neighborhoods. He said staff is pleased that the church is taking access from Base Line Road whereas in some neighborhoods access is taken from local streets within the neighborhoods. With respect to the question regarding the size of the church, he believed the church was forecasting the growth they are hoping for, not necessarily what they are today. He said the church would be limited in size by the amount of parking available on site. Regarding the question about access to the rear yards of lots along Hellman Avdnue, he said that would be a legal matter for the courts to decide if there are prescriptive rights over the property and the Planning Commission would have no jurisdiction in that regard. He noted that the fire department had reviewed the project and found the setbacks and access to the site to be satisfactory for the purposes of fire protection to the site. He said that fire access to the yards of the properties that front Hellman Avenue would be from Hellman Avenue. Kevin Ennis, Assistant City Attorney, concurred with Mr. Buller's explanation regarding the legal access. Chairman McNiel recalled there was a phasing issue with respect to the placement of the building in the back and the use of the buildings in the front on an interim basis until they grow to a point where they can construct the building in the back. With respect to traffic congestion on Base Line Road, he stated that the traffic is compounded at certain times of the day by virtue of the proximity of the high school and that all east-west reutes are currently jammed and will be that way until the new freeway opens up. He felt that a lot of the traffic will be lifted from the surface streets when the freeway opens. Commissioner Stewart stated the project went through the Design Review process twice because it had several major issues when it was first presented with one of those issues being fire access. She felt the applicant was very cooperative in working with the City in resolving the issues. She said the project had been reviewed a number of times before getting to the Planning Commission meeting. She noted it is a conditional use permit, meaning that it can be brought back before the City Planner if problems arise. She felt they will be good neighbors and said they have worked diligently to this point. Chairman McNiel stated a lot of church applications have been processed during his time on the Planning Commission and churches by and large are a very good thing because they provide a place Planning Commission Minutes October 11, 2000 for people to gather and get to know each other. He said quite often the surrounding residents voice concerns but then find that they are better neighbors than other uses, even housing. Commissioner Mannedno stated that based upon the time spent on the project by Commissioners McNiel, Mannedno, and Stewart at the Design Review Committee level, he would make a motion to approve the project. Commissioner Madas stated he felt compelled to respond to a statement made in the letter of opposition to the project indicating that the City wants "to keep the good old Amedcan values that we treasure so much." He felt there is nothing more Amedcan than religious worship. He thought the project is good for the City and the church would become pad of the City. He seconded the motion. Commissioner Tolstoy felt it is imperative that churches grow and that they be where the people are, which is in residential neighborhoods. Motion: Moved by Mannerino, seconded byMacias, to issue aNegative Declaration and adoptthe resolution approving Conditional Use Permit 00-09. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART, TOLSTOY NOES: NONE ABSENT: NONE - carded The Planning Commission recessed from 7:53 p.m. to 7:58 p.m. DIRECTOR'S G. PREL 12.12 acres, Etiwanda Base Line I ~EVIEW 00-12 - ETIWANDA an additional 2.12 acres of land for an in the Low-Medium (ESP) on the east side of 227-131-20. ISTRICT - A review of the school for a at Craig Drive, Alan Warren, Associate F presented the staff report and Superintendent Golden the day indicating that he conflict. not be here this evening McNiel invited but there was none. Tolstoy supported Motion: staff AYES: NOES: NONE ABSENT: NONE , Mannerino, seconded Iments to the School INO, MCNIEL, support staffs Motion carried by the following TOLSTOY d direct ~olV~bhNT'cScomments at time. Planning Commission Minutes October 11, 2000 .t REPORT OF PRELIMINERY TRAFFIC IMPACT STUDY 9212 BASELINE ROAD RACHOCUCAMONGA,CALIFORNIA ENCORE ENGINEERS 8382#A WESTERN TRAIL RANCHO CUCAMONGA, CA 91730 cc · ~- Received Aut~lT2ooO City of Rancho Cucarnonga Planning Division July 27,2000 City of Rancho Cucamonga Division of planning 10300 Civic center Drive Rancho Cucamonga, CA 91730 Subject: Traffic Impact Study Report Proposed Islamic Center, 9212 Baseline Rd, Rancho Cucamonga, CA Dear Sir: Attached here with a preliminary traffic impact study for the proposed Islamic center to be located at the subject referenced site. Our analysis was based on information collected from your traffic department on average volume and pick hour traffic record within the vicinity. We have collected information of operation of similar Islamic center in other cities. The purpose of the study was to evaluate the impact of traffic due to proposed operation of an Islamic center on Baseline Road between Hellmann Ave and Camelia%~treet. The operation' of Islamic center is mosfiy on Friday afternoon hours and weekend. Therefore, our analysis indicates a very ff, inhnal impact of traffic increase and there will be no change in picks hour traffic volume. It is our opinion that no further configuration of the intersection will be necessary for implementation of this project. Our analysis and study is based on general engineering principles in this field of engineering and is provided for your information only. We appreciate the opportunities of this study. ff you have any question, please contact us. Yours sincerely, AHSAN HABIB, P.E. 8382 #A WESTERN TRAIL, RANCHO CUCAMONGA, CA 91730; PHONE: (909) 980.5550; FAX (909) 980-2977 PURPOSE OF THE REPORT AND STUDY OBJECTIVE This report presents the results of traffic impact analysis due to a proposed construction of a Mosque (Religious prayer center for The Muslim) on the north side of Baseline Rd between Hellman Ave and Carnelian St. in the city of Rancho Cucamonga. This report has been prepared for submittal to the city of Rancho Cucamonga in support of the application for the project site. ROADWAY CHARACTERISTICS AND EXISTING OPERATING CONDITIONS In the proposed area the baseline Rd is a 5-lane roadway with 2-EB lane, 2-WB lane and 1-duel left torn lane in the middle. The lanes adjacent to the curb is 16' wide and other three lanes are 12' wide. The peak hou~y volume(from Newport Traffic Stodies) on EB & WB direction on Baseline are 1712( 5:00 P.M-6:00 PM) and 1384(7:00 AM-8:00 M) respectively. The maximum service volumes under ideal conditions on multilane highways at level "A" is 1440 and level "B" is 2400(Per Transportation research beard. Highway Capacity Manual, Third Edition. Washington, DC: Special Report 209, Updated 1994). So the existing level of service may be considered as level "B". In addition, duel median left turn lane in the median maintains an improved movement of traffic from "not access controlled" adjacent commercial centers and residential places. THE DEVELOPMENT CHARATERISTICS The maximum design capacity of the Mosque is 100. The dally prayer time are given as follows. 1) 4:45 A.M. to 5:45 A.M. 2) 12:30 P.M. to 1:45 P.M 3) 4:00 P.M. to 5:00 P.M 4) 7:00 P.M to 7:30 P.M. 5) 8:15 P.M. to 9:00 P.M The prayer on Friday at 12:30 P.M. to 1:45 P.M is considered as a grand prayer and is expected to be filled eighty (i.e. eighty peoples) percent of its maximum capacity. Also as the family members attend the prayer together, it is always a general practice for them to carpool to come to Mosque. So the maximum expected traffic generation will be always less then 50 in any prayer time. The nearest Mosque is about 15 miles away from proposed location in the city of Claremont at intersection of Foothill Ave and Gary Ave. It is expected that a high percentage of peoples from west of the proposed Mosque will attend the other Mosque in the city of Claremont. So it is considered 65% (35 vehicles) total generated traffic will be added to WB traffic and rest 35% (15 vehicles) will be added to the EB traffic on baseline. CONSTRUCTION IMPACTS As the construction activities are all inside the property there will be no construction related impact on existing traffic condition. RECOMMENDATIONS As the hours of prayer does not conflict at all with existing peak hours and traffic generation due to new development is also very minimum, the proposed development will not create any adverse impact on existing traffic condition. The existing service level will remain the same. It is likely that this project will be developed in a short period of time, assuming all other projects in the area are built out, and all network facilities are built to their ultimate configuration. Future improvements and development of new projects may require intersection operational improvement to achieve acceptable operations and will depend on actual traffic levels, and actual roadway and intersection configuration at the time of new developments. BASE UNE LOCATION W. END- ALTA CUESTA ALTA CUESTA ALTA CUESTA - CAR~F/I.ad'I CARNELIAN CARNELIAN - VINEYARD VINEYARD VINEYARD - BERYL BERYL BERYL - HFI 1/vlAN HELLMAN HELLMAN - AME'FHYST AMETHYST AMETHYST - ARCHIBALD ARCHIBALD TRAFFIC VOLUME SUMMARY DATE N/B S/B E./B 04/13/99 05/01/97 05/14/97 04/13/99 09/04/96 04/13/99 W/B 16,270 16,670 13,710 16,662 16,117 13,511 17,794 17,963 15,653 18,487 16,811 17,426 TOTAL 0 0 0 32,940 0 30,372 0 29,628 0 35,757 0 34,140 0 34,237 0 3/15~2000 STREET: LOCATION: 24 HOUR VOLUMES BASELINE CARNELIAN/HELLMAN RANCHO CUCAMONGA DATE : 0&-13-99 EASTBOUND WESTBOUND TOTAL 12:00 70 61 131 1:00 74 &7 121 2:00 33 39 72 3:00 30 68 98 4:00 61 346 407 5:00 169 956 1,125 6:00 493 1,285 1,778 7:00 1,174 1,384 2,558 8:00 885 1,203 2,0'88 9:00 669 832 1,501 10:00 710 825 1,535 11:00 835 774 1,609 12:00 884 785 1,669 1:00 980 941 1,921 2:00 1,214 1,095 2,309 3:00 1,470 1,120 2,590 4:00 1,633 1,222 2,855 5:00 1,712 1,247 2,959 6:00 1,613 1,202 2,815 7:00 1,103 899 2,002 8:00 821 671 1,492 9:00 630 513 1,143 '10:00 353 275 628 11:00 178 173 351 12:00 17,794 17,963 35,757 prepared by NEWPORT TRAFFIC STUDIES 24 HOUR VOLUMES STREET: BASELINE LOCATION: HELLMAN/ARCHIRALD RANCHO CUCAMONGA DATE: 04-13-99 PM '~ .EASTBOUND 12:00 75 1:00 68 2:00 36 3:00 30 4:00 68 5:00 168 6:00 7:00 987 8:00 818 9:00 672 10:00 667 11:00 866 12:00 841 1:00 904 2:00 1,065 3:00 1,368 4:00 1,573 5:00 1,630 6:00 1,512 7:00 1,121 8:00 730 9:00 639 .10:00 334 11:00 185 12:00' -- 16,811 NESTBOUND 66 53 39 58 310 880 1,144 1,332 1,151 816 797 808 823 879 1,049 1,163 1,188 1,214 1,136 866 672 520 293 169 17,426 TOTAL 141 121 75 88 378 1,048 1,598 2,319 1,969 1,488 1,464 1,674 1,664 1,783 2,114 2,531 2,761 2,844 2,648 1,987 1,402 1,159 627 354 34,237 ~/~ Prepared by NEWPORT TRAFFIC STUDIES ~ona. Rancho Cucamonga · San Dimas · Upland Weekend OCTOBER 21-22, 2000 Neighbors figh proposed Islamic cen er II$omeRancho Cucarnonga homeowners raise concerns about traJ~, noise, arid even about the religion, plans for a lO,944-squam-foot but neighbors have long ~sed the empty lot to cut over to the rear of their homes. Ahsan Habib, who designed the proposed build- ing, said that argument is not a valid reason to prevent development of the site. 'Irs private pmperW,' he said. According to property records, the site is owned by Dr. Shoaib Patail and Nadir Khan, neither of whom rethn~ed calls for comment. It is not unusual for resi- denis to oppose proposals to locate religious institutions near neighborhoods, regard- less of the religion/n gneshon. And many of the residents opposing the center say they have nothing against Inland Valley Times CENTER CONTINUED FROM A1 100 people -- the large majority of them Muslim Palestinians -- have been killed in recent dashes between israeljs and Arabs. 'I've talked to many peo- ple who have hved in the Middle East, and they have told me some very grave sto- bringing in this foreign reli- gion that we are not farnili~r times a day. Every time before prayer they must wash as part of the religious observance." Habib, too, stressed the *If you want to go to prayer. you must den your body first." he said. *Every time Muslims go to prayer they must wash their hands, face, head, legs and den their mouths. Without doing this, their prayer is not accepted." Habib said representa- lives of the Islamic Center want to foster understanding. They called residents togeth- er in July for a neighborhood meeting to explain what was going to be built on the site. Habib said Islam is based on belief in only one God and invites believers of other faiths to accept ~he MusEfin faith, he said. "~ they do not, then we beheve they do not go to rejected it," he said. 'But mostly we believe that a Muslim does not have any right to identify or dishonor or create hassle with other types of believers. *The residents have noth- thg to fear from the people attending the centeL' Maksoud said the image of Muslinis and Islam has been distorted in the United States, which is home to nearly 8 million Muslims. "This is at the root of the misgivings people have about Muslims~* she seed. *I and Islam. They are your next-door neighbors. they are Americans and they have the right to worship.: islam is practiced through- out the world by people of various nalionalilies and eth- Habth acknowledged that coming California 210 Freeway will alleviate some of it. in any case, the site is build something here and the does come will not cf~mcide But Reno seed noise from the community center is buffered by a park and the church has a small congrega- lion. City planner Brad Bullet said the Islamic Center is unlikely to be disruplive. 'Churches are often found in neighborhoods and gener- ally make for good neigh- bors, ~Bulier seed. The staff report indicated that the project would have no negalive affect, he seed. Another Muslint school in the Inland Valley has not encountered opposition from neighboring residences and businesses, a spokesman said, 'As a matter of fact we have a lot of suppozl from neighbors,' said Mosadek Attar, administrator and founder of the City of Knowledge. an Islamic school in Pomona. 'Residents have praised us and have liked the changes we've brought, Muslkns and non- Muslims alike." Some Rancho Cucamonga residents support the Islamic Center plan. Jody Taylor, who recently purchased a house on HelLman Avenue adjacent to the center's prop- arty, said she grew up in the hood. and I did not know about their [Muslim] reli- and seeing their plans, I feel iIsl center ,officials NTER: :'CONTI, NUED,FROM 1' -.~ concerns.., "':! '..' . ' '. ~ '.! ?. Center 0ffjrial~ catled a ~ plan neighborhood meeting raised issues of .neighbOrhood .uya~_c and n0ise; w'hUe'Others cited concerns stemming ~ the. recent cohflict 1~ ' the Middle .~st and discomfort .v, rj.th IsihttL' ' , . ~Last "week, the Ptanni~g ~n vot~l to approve plan~ .for a .10,944-sq~are-foot center ~nd 'most of .the msi- dent~ who artended did not appear opposed,. he said. Some residents are dmllat- ~ a l~tion to block the cen- --': Representatives of a lann p ed~sl~nic ~Vox~kip cen- ter ~nd s~hoorhave called for a me~ting between ~enter offi- cials and neighboring'real_ built at 9212 'Baseline Road, :. ~.~,~ eerier ~J ' '~.s.. next to a few hous6s on Lion ;~"'*~;"~'-_a,' ..=' ~..>,. .. ~" Some residenis ha~e :. aano VAU.~ ~V~S mosque and school that,would include two 30-foot'towers and . a 130-space parking lot Mo'hamm~d h~tiazucidin~'I ,. i~reSident of the Islamic ,Center of. the In!n~d, Eznpire, sa/d . SEE CENTER PAGE 5 te~ and spoke agsin~ it at the planning cOmmi~--ign meeting last week,. tiring increased twa~c and disruption of an oth-' erwise quiet neighb6rliood. Other residents objected to the ph,,?d addit/on of a 6-foot block wall around the pmper- ~ indUdinq a ~'lot'that some .have been u~ng aS an access road to adjo'ming jrards. Jo ~ Re. no, whose prop- who ~ thepetiUon oppos- Ofl the' pl.~nnintj COmmjk-~jOlfS be placed .on.the agenda to ' Reno raid She ~ collected 45 to 50 signatures so far and · hOpes the t~h,-ic center bors' co~,--~us. . .' ' .:.- wh c. ether. ~ a ~ '~nL~eting.. with 'the' isstjes :betWeen'the.two ~2 ., . '.',, ..-. : -.. !. Reader RESPONSE T,qT n ' c cenler disptt,,e thr~e houses to the east, there stands 'tt~ Lord~ House, a several= gC. rv~ as well ~s we mat acknowledge and Wel2j'it., · Xgnarance ,. and bicJotr?' beeki :t/,~.i:W.sstn9 eppear to have Ye.-uxfacwNi. pro- ~ · othe., the~rc~lzig~s. Pen. ucs'to~il~Culluml,,.a is qu~tsd as s~_yin~, '-N~W ther ~r~_bz~nging~hisfcL~tenrem. ' "' ' "" " ""' [w~".nncl~ws~ws, ~e! w ~il'I'm~'''~en°t ""' "" don't wa~.~ in"o~r'bm,,le, I' ~ 'Iaxn~'l~b~a "peapl . ."':~-~eir ~-~'- t~." q'..' ~"onga. ' I.C.I.E December 5, 2000 Dan Coleman Principal Planner Islamic Center of Inland Empire 9212 Baseline Road, Rancho Cucamonga, CA 91701 Telephone: (909) 944-1836 - Tax ID # 33-0845010 Received '~:.~ DEC Plsnnir~ D~vision In reference to our meeting yesterday, we are enclosing the following information, 1. Signatures from petition drive 2. Newspaper clipping 3. Neighbor's property photographs Sincerely. Mohammad Imtiazuddin President, I.C.I.E Board of Directors NOTICE OF PUBLIC HEARING AND ENVIRONMENTAL NOTICE RANCHO CUCAMONGA CITY COUNCIL The Rancho Cucamonga City Council will be holding a public hearing at 7 p.m. on December 6, 2000, at the Rancho Cucamonga Civic Center, Council Chamber, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730, to consider the following described project. A complete environmental assessment has been prepared. Comments will be received and the environmental assessment may be reviewed any time pdor to final action. The City Council will be considering the assessment, staffs recommendations, and public input at its meeting of December 6, 2000, pdor to making a final determination. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 00-09 - PATIEL - The appeal of the Planning Commission decision to approve the development of a 10,944 square foot church with a religious education school on 2.86 acres in the Low Residential District (2-4 dwelling units per acre), located at 9212 Base Line Road -APN: 202-242-09. Staff has prepared a Negative Declaration of environmental impacts for consideration. Anyone having concerns or questions or wishing to review or comment on the project and/or Environmental Assessment on the foregoing item is welcome to contact the City Planning Division at (909) 477-2750 or visit the offices located at 10500 Civic Center Drive, Monday through Thursday from 7 a.m. to 6 p.m. Also, anyone objecting to or in favor of the above, may appear in person at the above- described meeting or may submit their concems in writing to the City prior to said meeting. Wdtten comments should be addressed to the Planning Division, City of Rancho Cucamonga, P. O. Box 807, Rancho Cucamonga, CA'91729. IF YOU CHALLENGE ANY OF THE FOREGOING ACTIONS IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING FOR FINAL ACTION DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING. Date Mailed: November 22, 2000 · Dear Respected Community Residents, City of Rangho C~carnonga The purpose of this petition drive is to seek your full supv,~,t ~;n2gge~osed project at 9212 Baseline Road, Alta Loma, Ca, 91701 by the Islamic Center of Inland Impire (ICIE). The proposed project that includes a church and a Sunday school for the community has been voted unanimously by the Planning Commission to approve the project. During the Planning Commission's meeting, ICIE and Commission personnel explained the project to residents and answered all questions and concerns raised by the community. In addition, ICIE personnel held a community neighborhood meeting prior to the Commission' s meeting to explain the project and answered traffic and noise concerns raised by the community. A vast majority of the residents liked the project and stated they would prefer to have a church built in their neighborhood than a liquor store or an apartment building. As expected, however, a couple of residents who live next to the proposed project are not satisfied with the Commission's approval and has appealed the Commission decision to the City Council. Furthermore, these residents are circulating a petition to block the proposed project. The City Council hearing for the proposed projec, has been schedule for e esda , ,,* j j ?OOatapprox ately 7:00p.m. In our community, we have many churches with different faith and Sunday Schools that have not only helped reduce the crime in our neighborhood but also have stabilized our community and created a peaceful environment in which we have excellent oppommities to raise our love ones as exemplary citizens. To make sure that we successfully continue with the approved proposed project with out any delay or obstacle, please sign your name and address below. We really appreciate your help and support. God bless you! (First) ~t) (Address) (First) (L~t) (Ad~ess) (First) (Last) (Ad~ess) Name: MAd? oa L (First) Name: (First) (F rst) (Last) /r) eat: (Last) (Address) (Address) Name: Name: NalIle: Nallle: NalTle: Name: Name: Name: ' [Name: Name: Nalne: Name: NalIle: Nallle: "" G~rs0 (First) 34L~A (Last) ,,S'a t~ (Last) (Address) (Address) / O [ ~/ R~OO C e~ ~p,.lv, OlqC~&. (First) (Last) (Address) (First) :~ ~t) (Ad&ess) (Last) (Last) L! (Last) .5;/ //4 (Last) (First) (First) (First) (First) (Last) (Last) (First) (First) (Ad&ess) t (Ad~ ~ ~ 'O ~ ~ :%0," ~o.-,:-,, - , . c, '_ (Address) v ,.-~ . . (Address) (First) (Last) Zft%%uL (First5 (Last) (First) (Last) (First) (First) / ~t) (HrsO (L~O (Address) (Address) c '/ (Address) (Address) (AddresS) ' (Ad&ess) (Ad&ess) (Ad~ess) 6 Name: Name: (First) (Last) (First) (Last) (First) (Last) (First) (Last) (First) (Last) Name: /Twz'~, (Z.",~y~" (First) t/ (Lst) (Address) (Address) (Address) (Address) (Adeess) (Adeess) Name: (First) (Last) Name: irst) (Last) / Name: o, (First) ~t) (First) ~t) (First) (L~t) (First) (L~t) (First) (L~t) (First) ~ast) (First) ~asO ffirst) ~t). (First) (Last) (Address) (Address) (Address) (Ad&ess) (Address) ~2t~, ,~_ b-,4 .&,,', . U¢-.,-X,--,,.. t,~ .~tL)4 (Address) (Ad~ess) " (Ad~ess) Name: Nalile: Name: NalIle: Name: Nallle: Name: Name: Name: NalTle: Name: Name: Nalne: NalIle: Name: (First) ~t) Ad~ess) %' yeO ~L~ ~'~ (First) (L~t) (Ad~ ) (First) ~t) (Ad~ess) (First) (Last) (Address) :/~/.~. K/¢,,~.:~" .,'o: 9 ? (First) (Last) (Address) (First) ~ast) (Address) c, , (First) (~t) (Address) st) (First) ~t) (Address) (First) ¢~t) (Address) ( ) ~t) (Ad&ess) (First) (Last) (Address) 3 (First) (Last) (Address) (First) N~e: (First) Name: (First) Name: (Fire) Name: ./j!-, 7 ,, (First) ffirst) N~e: ., '~ k ~rst) (Firs0 (First) (Fbst) (First) (First) (Fkst) (First) (L~t) (Address) (Last) (Address) "' (Address) ~ . , V4'_. . (L~t) (Ad~ess) (L~) Ad&ess) ~t) Ad~ess) S~ Zi Ct~s'l~/Hr /, ~. e~Cd~g6L (Ad&ess) 4 raised issues of .neighborhood traffm and noise, while'others cited concerns stemming from the recent cohfli~t/n 'the Middle ']~,~'t. and d/scomfort with l~ja,m, . 'Last week, the platruling (~mmi,s~on voled to approve l~la~s fo~ it lO,~44_sqU~re~oot center officials plan neighborhood meeting- Selicia Kennedy-Ross INL~D VALLEY TIMES !'.:'..." _:-- ". Z,: . !......7.. .1LaNc:~O CUCAMONGA ~:site~fplan~'~', '~':. ,' .I','. --': RepteseGtafives of a ' ' Islamic ~der ~ ~ ""':: p '~med ~dc wozs~p ce~- · ._ .-:. ~.. .. ..~ .... dents, :some of whom e. re - ..;r,"= .... .. · .. . built at 9212:Baseli~e ~'o~. :'~"'i/' ~ex~ ~q.~ few hous~ On Lion LC'-~._'~_. street some residents have.: ' CONTINUED,FROM i 7 Center .off/dals called ~ comm~l~j.t~ J3~eetj~g j~ ,Jiffy ,to. an~oJ/~c~ p]~ for ~e kl~m~c ~ ~d 'm~ of ~e ~- d~ ~ a~d~ ~d n~t app~opp~. he ~d. ~e ~d~ ~ ~t- . ~ ~g a ~fifion to .blo~ ~e ~- t~ ~ ~ke a~ ~ at ~e .. l~t we~ ~g ~ae~ed ~ ~c ~d ~p~on of ~ o~: ~ ~e ~et n~ghborho~, ~ ~ ~d~ obje~ ~ ~e b~'~ ~d ~e pm~- ac~ ~d ~ ndjoi~,ng ~. ~o ~1 R~o, wh~e pm~ ' ~d~e~t~ ~ ~o ~ ~e~ opp~- ~ mg'~e ~, ~ ~ ap~ ~ ~M~y. ~e ~e ~ ~ p~ .on, ~ ag~ to ~ ~eo ~d ~e ~ ~e~ed , 45 ~ 50 ~ so f~ ~d 'hO~ ~e [~l~m~c ~ ~. · '~= ~ ~-~ ~e n~h-' ~' ~n~ .' ' .: . · .whe~ ~ e '- '~g' · ~ ~: ' , '.',~ 4 Monday, Oc~ber 30, 2000 Reader * RESPONSE · SOme Ra~rho Selida Kennedy-Ross. INLAN6 VALLEY TIMES 'I~,NCHO CUCAlvIONGA ~ 't'.';:' r," i' · .p' p. ; := ii.,.;. .. ..:,. ;.- . :. but n~hbom ~ve 1~ ~ ~e m~ lot ~ ~t o~ ~ re~ of ~ hom~. " , ~ Habib, ' .:who d~ed ~e pm~8~d b~- d~opm~t ~ ~ ~ .. , . : ~: ~tC8 pmm"pm~,.~ ~ . ~. ,. '.,.-.. ,., ).::'-2~::'5::'?~: . ' AccOf~ ,'. ~ i ~mP~ ' --'~e pl~ to b~ ~ ~.~Q~b'.~a~d~,N~{ h~od Off S~e~Road~' m~ed en~l~:fo,,~m~t,' -k ~...: .... r~di~. Some ~ve'~ d~ to opp~. ~mP~ ~ ' t '- recent' co~li~in~e Middle "~Al:rl ::h:::v n~ th:~ Ic.~".:~.w. ttS :'.'-!,' EaSt 19Ild' (ii~c'n:mfnrt'.ZVTi~:t :'(~1):1(:.,:::!: ':'1' i~4:ltl.!:.'~ · ' . h,.'.'. ~' :,~>::,mg ; L. larn',' I · · ~h~. ce~t~ :o~ me:~:',. :~,-,b.~....'i .....' ~;~:'~:.:.: · few' reside_.Djticil prOiO~ti.~/~ ~:' '. :A ~M[ey.::]~!,],~.~. i 'Tj. on :~St~e{:.Th~Pl~ .'r. pt~mp~t~;fg~ ' .C0nf-' 'mi~si0n ·Voted ,in~{{~'. ?in'.a .::re~idan !'include'tWo 30-foot towers' mpts..': the ~.:a:~!/~.:~ .:.O~.~: ! andal30-spac~parkinglot ' T_m~...'cfl.oWis~q~:~ ~ !'.'...'1~ - ~ ~e ~i,:'::~:.~kl~. ...b....:, ;,. ,' :-. ,°,-:; ,: -...,:~.~.~ . ::: "~Z:i'-eg~ed..~affic.::and~ dim., ~ ,+~;;:: ~: .' ~ ~ . .. ,.~.. ' ' ~ :' - . -~ ' ".: .....:' -~:" . '.;., .· i~;,:;~.:,;F F '-'" ~]J..r~ ;.: :~' ~-- . ':.,..., ..........':.' · .: ~,.~,~.~'-.~.~!~.~ .~,~.~2';',.!'~'""...."::~.:..i.., '... :-...' '~!zPr° !:~:.22.~%~ ~. z'i., :.,. ;,;;-' .,,,: ,45,- ~i.,.,...~.... . :::'' ' ~ecL Tho~""' ~' ~'~ tile 'viidd|e Ells[. [~to]~ · .. , : ~. "~.. a~:-..~.-.~; SEE or.Tin e~'~ "- . . '" ~'~ "' !: ')5 X':: · ,' ;.:' . ~ .......... Inland Valley Times CENTER CONTINUED FROM .A1 100 people -- the large majority of them MusLim Palestim/ms -- have been k/lied in recent clashes between Israelis and Arabs. *I've talked to many peo- ple who have lived in the Middle Bust, and they have told me some very grave sto- ries,' she said. 'Now they're b.ringing in. thi~ foreign reli- gion that We are not familiar A small number of people who oppose the project used language laden with 'stereo- types when voicing their opinions; Muslim~ *consider us infidels, ' One man said. times a day. Every time before prayer they must wash as part Of the religious observance." Habib, too, stressed the requirement of cleanliness. *H yon .Want .to'.go to prayer, you must clean your body first,.' he said. 'Every tiIne Mnsllm~ gO tO prayer they must wash. their hands, face,' head, legs and clean their mouths. Without doing this, their prayer is Lnot' accepted. * Habib said .representa~ fives of the l~lamic Center want to foster qndentand/ng. They called residents togeth- er in July fora neighborhood' meeting to eJcplaln what was gbi~g to be .built 6n. lhe site.. · Habib said Islam is based- on belief in only one God and and islam. They. are your · But Reno said noise from next-door neighbors, .they'the COmm~,llrif]r center is. are Americans and they have buffered by a :park and the the right tO worship. ~ ' ' 'church'hus a small congrega; ' Islam is practiced through- tion. ' eut the World by people of City 'planner Brad Buller Variousnationalities'and eth- said the Islamic 'Center is llicities. nnlilcely to be disruptive. · Habib aelmowledged that , *Churches are often foillid( the center will increuse traf- ticjn the area, but said the coming California 21.0 ' Freeway will alleviate Some of it. in any case, the ~ite is not going tO stay vacant for- ever. he said. ' ' "Someone is going to build something here and the IS)amlc Center will bring less · traffic than Other uses, ~ Habib said..*The traffic that does come ~ not coincide ~vith. reguhr daily traffic. , in neighborhoods' and gener- ally make for good neigh- bors,' BULier said. The staff report indicated that the project would have no negative effect he said. · 'Another.Muslim school in. the Inland Valley has not 'encountered opposi~on from neighboring residences: end businesses, 'a spokebman said. ~ ' -.as a matter of fact we have a lot of support from neighbors, ~ said Mosadek 't~ey're not' the deanest invites believers - Of other jmum,' he said. ~On Fridays KttarI administrator and pie,' Peadew'said. 'And faiths t~-accept the .MusLim .is.the marTmum: attendance founder- of the ..City of all the preblems going · faith, he said ..... ' " ' . ., from 200 to 300p~ople from ' Knowledge 'an Islamic on in the Middle Eust right .' ~If they do ziot, then we. fioonto2p.m. IA~e willhave a ' SchoolinPo~nona, 'Resiaents noW, we don~t want them in believe' ~they .;d0 not ' .g0: tb.' w~ekend-school fg~"the chil- hi~ve praised us "and 'have P%~kya~oo~m.nts" ;' .... H.eave~..:'becaus_e.!!;they~.~. !d~x~:'~d.~sbn~diineS[i~'tli~.',. '~ti"'th~'::'Chm~.ges-:"we~ve .... . - are .relect~d:it;*'. h~' ',said¥ a~ But :~i g.:We,~:;hold adult... ~'~ kit. M,,~l~m~'and.~on- Zeotn~:uno~.~le~Wdasthh~npresz~ .M,,.',rn~!~d~S. ~ot!,have7 anl~..~.!~!~Habth%iiid~:a-~ea~er.sys... Some:'Rancho'Cucamonga' has' ;'('' "!A}ab"' Xm~ic°a~ nght"tq-.:lden~ty:Or :disho~.: .~tem;will be instailed 'inside msidenis support the Isla~ .' · v;.'. ' ' ;°r'creaie~"hajfle:~ith':oth~/': ':~e :;;enter. end: 'wRl'creat~"".Centar plan.' Jody.:raylox[ 1~ n t:l .d i.-S C r i .m i n a t i o'n typeS' 5f~ve/~/,~ ::-' ,:!,f,, .... ~: ;rnip*m~- noise becans~ th'e WhB- recently purchused a Committee, which ~glits clis- , · '.Th~"lesidon~ have ;n~th;,-' !Islamic' religion :dOeS ~' not 'house on: FI~llman' Avenue crimi~ation aCr'ain~t Arabs.'. ing 'to fear from. the pegp!eV ;inv01-~-e any music .or instin- adjacent Io the center~S prop- Hale Msk~oud said such attending.the' center.' ~ ~ .. :nients. He said the group has erty, said sh~ grew up/n the Com. menis iare in line'with Ma1~,colld said .the .imag~ ,.'been u~ing'.the· Lions West' area.' " . · .. gn. , ~yu~ -end been ~orted..in!the-.Untt~C!.~:!pqrazy~,mosqUe for the-paSt:'. hobd :;:and .I :~'~.: not. knoW '~ai:is ab;~lUtel - - ~ . ; ' ~ ' · "~'~ -ff~P,.' ''~ .residents.. '. ,gion,- she said.. ZBUt cnow.' · X~ one;hjisfsm'l' ' · 2hbl°n~t.M. -'im~;,'.she)"..:':.~!iiPlanned"lt4usliZncenter.and'a. much'betteitboutit [' "' . · , - _ ,.-:: .....' ::-, 'm.,: .] . 's? .!..~ '.. ·.' ment ~omp.!e~'.., ~0 ... · - '. : -." ",,.'. .._.... "' "": ,; It's Time to Atone When We See Only Our Own Pain MICHAEL LERNER equally treasured? The way we talk that discounts the huge number of Pa estin an~ y son served in the Israeli army in M the West Bank, so for me the barba- rous killings Thursday of three soldiers by a lynch mob in Ramallah made me feel the same anger that must have led lsraeli Prime Minister Ehud Rarak to bomb PSI- estinian leader Yasser Arafat's compound in retaliation and to escalate the war against the Palestinians. Yet I can also understand that to the Palestinjans the three boys killed were just members of the occupying army, the army that has bru- tally killed more than 85 Palestinians and wounded more than 2,000 civilians in the past two weeks and which .might have seemed indistinguishable from the Jewish mobs that attacked random Arab fsmeha in Nazareth a few days ago, beating and burning. For every outrage on one iide. there is a story of outrage on the other. And yet. in my synagogue on Yore Kippur we atoned for our side of the story, for Jewish vio- lomen. Our atonement was not an attempt to claim that Israel holds a6 the rsapon- sibillty. I believe that Palestinians ought to adopt a nonviolent bose and reject any leader who advocates violence, because 1 believe thpt violence is always wrong no matter how noble the purpose and because in the context of the current struggle, it had the predicted effect of destroying rather than enhancing the chances for peace-an outcome sought by extremists on both sides. Palestinian violence is both immoral and irrational. Yet the preponderance of re- sponsibilRy lies with Israel and with an international media that continue to ob- scure the basic testifies facing the Pal~ estinian people, and continue to treat the death of Israeli s61diers enforcing a brutal occupation as somehow more outrageous and barbarous than the killing of many times as many Palesttnian teenagere who were res!sting the ~ccupation. To me. Israeli deaths are a personal tragedy. But have we not yet learned that in Oed's eyes every human being is killed and wounded reinforces the despera- tion that led to the current tragic moment. But, you might ask, didn't Aratat irration- ally reject a wonderful peace accord being offered him by Rarek? Isn't this current outbreak just more of the same irrational hatred that always ]sads Palestinians to reject a generous peace being offered by Israel? The reality is quite different. Since tak- ing office, Rarak has expanded existing settlements, hai]t new roads into the West Bank and made it clear at Camp David that he would insist on keeping the vast /najority of settlers in pisce. The state the Palestinians would then be offered would have within it a group of Israeli national- istic fanatics, many of whom moved to the West Bank precisely to ensure that there would never be a Palestinian state. The resulting scenario is obvious: The sottiers would continue their long history of violent attacks against Palestinian8, and when the Palestidian state tried to impose law and order, the satHers would demand protection from the Israeli army, which would use the new roads to send in tanks and heavy artillery Just as it has done in the pest week. These Israe]i reads and settlements turn the claim of offering the Paleetinians 90% of the land into a cruel hoax. With the IS- raeh military patrolling those roads that crisscross the Palestinian state, Palestin- tans would face humiliating searches and would not be able to move .freely. Imagine someone offering you a house in which you were going to have large rooms but they were in charge of the hallways be- tween the rooms. You would quickly real- ize that your freedom to be "at home" was remarkably cornpromised. For a people who have endured 33 years of military cupation, with a long history of docu- mented torture. house demolitions and harassment, this doesn't sound like such a great deal. Nor are Palestlrdan demands for control over the Temple Mount and the adjacent Ikh article by Rev. Michael Lerner (LA Times OCL 13), pats the blame for the Middle East crisis on "bratal occupation" by Israel and highlights the victimization of Palestinians. Please read it and give it to your American friends to let them understand the trath through the words of a Jewhh scholar. Thant you. 9~ ili~ j i Of Judge;ne,U:.,hen .,e.,tand before G~d, we can ha,;¢ this solaCe that evat though _:V.at goa:2:Tonr d, b,at e,s. ,.. a' ~ ~oph who c~uld stop this M~ sections of East Jerusalem irrational. Mus- lims from the occupied territories have fre- quently been prevented from coming to the Temple Mount when Israel proclaims "security closings" of the border. Israelis who were rightly outraged at being denied access to the Western Wall when Jerusa- lem was under Jordaninn (not Palesttulsa) rule from 1948 to 1967 have effectively im- posed similar conditions on the I million Mnslims in Oaza. At the same time. many religious authorities ban Jews from walking on the Temple Mount until the messiah comes. So coding sovereignty there would not have been a religious hardship. Barak could have conceded interim sovereignty to the Palsatinians on the c6nditlon that these arrangements would be reopened when the messiah'arrived (by Biblical criteria: nations beating their swords into plow- shares and the lion lying down with the lamb). Nor has Israel ever acknowledged re- sponsibility fee the handreds of thousands of Palestinians who were driven out of Is- rael in 1948, many of whose descendants today live in refugee camps. None of this had been resolved at Camp David, and so most Palestinians realized that the peace process was just another mechanism to prolong the status quo of an oppressive occupation. I was honored to attend the signing of the 0sin accords at the White House in 1993, and in the pages of Tikkun magazine I have severely criticized those Palestinian intellectuals like Edward Said who did not believe that Palestinian self-determination would be granted in the five years that 0sin promised.. Now, seve~ years after Oslo, I can understand Why Palestinians would feel cheated and outraged over the endless occupation. Add to that the racist attitudes that led Barak to seek Israeli Arab votes in the last election, his subse- quent refusal to allow Arab parties into his government for fear that their presence would make the government appear "il- legitimate" and the tong history of.dis- crim~nation against Isr~eli Arabs in hous- ing and employment, and you get the sive violence against Arabs both inside ls- rael and in the occupied territories. None of this justifies Psiestidian vio- lence or the far more massive counter-vio- lence of the occupying lsraeli army. But 1 see no hope that the disgusting cycle of violence on both sides will stop until Israel is willing to end the occupation and end ils internal racism against Arab Israelis. As a religious Jew, I knew that God and the To- rah are served best when we insist that ev- ery human being, including our enemies, be seen as equally valuable to God and equally created as embodiments of the di- vine. Given my own outrage over the kill- ing of lsraeli soldiers, this is a moment when it seems easier to just forget my faith and stay in my anger. But I also know that when the Jewish people can only see our own pain, however seal and legitimate, it is time to atone. Rabbi Michael Lerner is editor o/Tik- kun: a Bimonthly JeWish Critique of Politics, Culture and Ssoiety and author o/"Spirit Matters: Olobal Heutin~ and the volatile ingredients that led to the expto- Wisdom of the Soul" (WaIsch Books, sions last week and the subsequent mas- 2000). RESIDENT IS USING I.CI.E PROPERTY AS A DRIVE WAY USING I.C.I.E PR?PERTY FOR STORAGE. ~,.~.~. -? _ ._ ::;__ :_ .. ' ~ ~~~ ~., ..s LAST RESIDENT IS USING THE I.C.I.E PROPERTY FOR DRIVE WAY ' ~ ~ 2'~]'- "¢,J~:' ,, ' .'.!' ..' '. -'~"'~;, ~ ' ! ' ' RESOLUTION NO. OO'~j"l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 00-09 FOR THE DEVELOPMENT OF A NEW 10,944 SQUARE FOOT CHURCH ON 2.86 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED AT 9212 BASE LINE ROAD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-242-09. A. Recitals. 1. The Islamic Center of the Inland Empire has filed an application for the issuance of Conditional Use Permit No. 00-09, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On July 12, 2000, the applicant conducted a neighborhood meeting, which was artended by 14 residents. 3. On the 1 l th day of October 2000, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing and approved the application. 4. The decision represented by said Planning Commission Resolution was appealed in a timely manner to this Council. 5. On December 6, 2000, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites pdor 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 December 6, 2000, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 00-113, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to the construction of a 10,944 square foot church on 2.86 acres of land in the Low Residential District, located at 9212 Base Line Road; and b. The property to the north, east and west of the subject site is zoned Low Residential (2-4 dwelling units per acre), and the property to the south is zoned Neighborhood Commercial, and c. The application contemplates the construction of a new Islamic Worship Center on property owned by the applicant; and CITY COUNCIL RESOLUTION NO. CUP 00-09 - PATIEL December 6, 2000 Page 2 d. The application contemplates the use of the new building from 5:30 a.m. to 9:30 p.m. Monday through Friday for group worship and prayer services, and for childran school purposes from 8:00 a.m. to 10:00 a.m. Saturday and Sunday. 3. Based upon the substantial evidence presented to this Council during the above- referenced public headrig and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. b. The proposed development, togetherwith 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. c. The proposed use complies with each of the applicable provisions of the Development Code. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3, above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to all conditions of approval contained in the Planning Commission Resolution No. 00-113, attached hereto. 5. The City Clerk of the City of Rancho Cucamonga is hereby directed to certify to the adoption of this Resolution. THE CITY OF I~ANCIIO CIJCAFIONGA S r Repor DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Brad Buller, City Planner Dan Coleman, Principal Planner CONSIDERATION TO APPROVE THE PACIFIC ELECTRIC INLAND EMPIRE TRAIL MASTER PLAN RECOMMENDATION: The Planning Commission recommends approval. BACKGROUND/ANALYSIS: Since the adoption of the General Plan in 1981, the City of Rancho Cucamonga has maintained a vision to develop a multi-purpose trail along the Pacific Electdc Railway corridor, which bisects the middle of the City. Surrounding communities have shared a similar vision. With · the generous funding from the San Bernardino Associated Governments (SANBAG), the cities of Claremont, Montclair, Upland, Rancho Cucamonga, Fontana and Rialto are working together to make this vision a reality. The goal is to develop a 21-mile long multi-purpose trail along the histodc Pacific Electric Railway corridor that would link these communities. This rail trail will consist of a paved Bike Path, which has been "oversized" with an 11-foot width to accommodate bicyclists, pedestrians, rollerbladers, etc. In the City of Rancho Cucamonga, an equestrian trail will also be provided, consistent with our General Plan. The City of Rancho Cucamonga is acting as the lead agency in the preparation of a Master Plan, which is entirely funded by SANBAG. Boyle Engineering Corporation has been hired as a consultant to prepare the Master Plan and to work closely with a Project Advisory Committee consisting of representatives from each city. Two public workshops were held to explain the project and solicit public comment. A detailed survey of trail user needs was conducted. SANBAG purchased the corddor in 1991 for a commuter rail line; however, a more southerly route was selected for the Metrolink line. SANBAG requires preservation of the potential for future rail service along the corridor; hence, a 45-foot wide "rail reserve" area is shown in the Master Plan. Copies of the Master Plan will be distributed at the meeting. CITY COUNCIL STAFF REPORT PACIFIC ELECTRIC TRAIL MASTER PLAN December 6, 2000 Page 2 A community-based organization, The Friends of the Pacific Electric Inland Empire Trail, has been formed in support of the project. Respectfully submitted, Brad Buller City Planner BB:DC\Is Exhibits: "A" - "Pacific Electdc Trail" brochure "B" - Pacific Electdc Trail Workshop Presentation Materials "C" - Los Angeles Times Article dated August 15, 2000 "D" - Letter of Support from Friends of the Pacific Electdc Trail dated September 14, 2000 "E" - Letter of Support from Ana Zambrano dated July 20, 2000 "F" - Article from the Rails-to-Trails Conservancy entitled "The Economic Benefits of Rail-Trails" dated May 1997. PACIFIC ELECTRIC TRAIL The Vision: To build a multi-purpose trail linking cities from Claremont to Pjalto along the famous Pacific Electric Pailway line. To create a trail opportunity for users to experience nature and enjoy exercise while exploring the history and culture of the area. Raft trails are good for our community, our health, our economy, and our environment. We have the opportunity of a lifetime to create something special: a safe and serene place for people to travel across the region and through our neighborhoods. Our vision is to build a multi-purpose trail linking cities from Claremont to Rialto along the famous Pacific Electric Railway line. To create a trail opportunity for users to commute to work, experience nature and enjoy exercise while exploring the history and culture of the area. The Pacific Electric Trail corridor is an opportunity that comes rarely to a region or city. Within the next few years, this dream will become a reality. The City of Rancho Cucamonga, acting as the lead agency, has joined together with the San Bernardino Associated Governments (SANBAG) and surrounding cities, to develop a multi-purpose trail that would link the cities of Claremont, Montclair, Upland, Rancho Cucamonga, Fontana and Rialto. The rail trail would also connect to a 6.9-mile rail trail project being planned from Claremont to San Dimas. This is our vision, and you can help make it a reality. The purpose of the trail is to provide for possible future rail and provide commuter and recreational opportunities for cyclists, pedestrians, runners and equestrians. Trail users would enjoy exercise, convenient access to public facilities and shopping, while exploring the history and culture of the area. The flat gentle grades of the former rail corridor are ideally suited for trail use. What is a raft tra~? Rail trails are multi-purpose public paths created from abandoned railroad corridors, although in some cases active rail lines may still exist. Flat or following a gentle grade, they are ideal for many uses, such as bicycling, walking, horseback riding, in-line skating, wheelchair recreation, hiking. Rail trails are also extremely popular as an alternative to cars by providing opportunity to walk or ride to work, school, shopping. Where is the raft trafi? The rail trail follows the Southern Pacific railroad corridor which travels east-west through this valley. The 21-mile long rail trail would begin in downtown Claremont and end in downtown Rialto. In recent years, rail service has been discontinued and the tracks removed along most of the corridor; however, the potential exists that rail service could be re-established. See map. What is "Pacific Electric"? The Pacific Electric Railway was once the world's largest interurban and street railway system, extending from Los Angeles to its outlying regions. The building of the railway through the Inland Empire was crucial to the development of the area, particularly to support the agricultural industry that fueled the local economy. What are the benefits of raft trails? There are over 10,000 miles of "rail trails" in 48 states within the United States. It's not hard to see why these rail trails are so popular. Here a just a few of the benefits: ,/Improves your health through exercise. ,/Improves the environment by preserving open space and reducing air pollution. -/Improves local economy because trail users need food, lodging, fuel, and recreational equipment. · / Promotes civic pride by enhancing quality of life. · / Increase real estate values along trail corridor. / Provides links between the trail and mass transit systems (Metrolink, bus) ,/provide safe and convenient recreational opportunities for many different trail users, including bicyclists, pedestrians, joggers, in-line skating, wheelchair use, and equestrians. ,/Eliminates abandoned corridor overgrown with weeds. ,/Promotes historic preservation through connections to historic landmarks and historical sign displays. How will the Pacific Electric Tra~ be funded? There are many sources of federal and state funds for trails. The participating cities, in conjunction with the regional transportation authority, will be aggressively pursuing grants to build the rail trail. Funding may also come from corporate and private donations. Across America, many non-profit organizations have been started by citizens to help raise funds to build and maintain rail trails in their community. How can I get involved? The first step towards fulfilling the dream of an intercity trail is the preparation of a master plan. This master plan will be the basis for grant applications to fund the Pacific Electric Trail project. Major elements of the plan will include vision statement, trail design, discussion of right-of-way issues, cost estimates, community involvement, and funding recommendations. The master plan document will describe existing trail conditions, analyze trail user facility needs, and include drawings of what the finished trail will look like. A consultant has been selected to prepare a master plan. The consultant will meet with recreational interest groups (walking/hiking clubs, equestrian clubs, bicycling clubs, etc.) that are active in the cities being served by Pacific Electric Trail. If you would like to be notified of community meetings or desire more information, please contact Dan Coleman, Principal Planner, City of Rancho Cucamonga, at (909) 477-2750. Prepared by the City of Rancho Cucamonga Planning Division a 5 -,5 Pacific Electric Trail Workshop Two Thursday July 20, 2000 Master Plan Overview · Vision: To build a multi-purpose trail linking cities from Claremont to Rialto along the famous Pacific Electric Railway Line. To Create a trail opportunity for users to experience nature and enjoy exercise while exploring the history and culture of the area. To p~eserve the transit corndor for future needs. Master Plan Overview ~ RANCHO 15 ..z CUCAMONGA "-~ C LAREMO NT =' ~ -- ~ ' ...... ",, : "~ PACIRC B. ECTRIC TRAIL ~, ~ m ' 8ASB_I~ERD , · ~' ii FONTANA , .. _ ! ...... _Lm_ ....... ,- - :,,;_..._~,,,--:_,__; ......... >~ ..... ~ , ., , ONTARIO Goals and Objectives Corridor Advisory Committee · Satisfy Funding Requirements [] Commuter Enhancements [] Recreation Opportunities · Enh n{ ace Safety [] Stree! Crossings [] Visibility [] ADA Compliance Goals and Objectives · Enhance linkages to other facilities [] Trails, [] Schools [] Parks [] Transit [] Activity Centers · Enhance Orientation/Navigation [] Signage [] Trail Markers [] Benchmarks Goals and Objectives · Celebrate History · Maximize Quality and Benefit to Communities · Minimize Maintenance Requirements · Maintain 45' wide Reserve for future Rail Corridor (SANBAG) Methodology Data Collection Mapping Existing Land Use and Ownership Site Analysis Research and Document Design Standards Public Input Workshops User Survey / Questionnaire Comment Cards Web Site: http:flwww.ci:rancho-cucamonga.ca.us/planning/petrail.htm Methodology · Design Alternatives [] Evaluation and Selection · Recommendations [] Design GuiClelines [] Funding Opportunities [] Master Plan Site Analysis · Opportunities Remnant Histo'ric Elements Good Linkage Opportunity to Neighborhood Site Analysis · Opportunities Historic Neighborhood Historic 66 Vintage RR Bridge Site Analysis · Opportunities Good View corridor (C) Steep SIo ~e Potential Equestrian Staging Area Site Analysis · Opportunities View at'C hannel Crossing Historic Building Rural Setting Site Analysis · Opportunities Rural Character Safe Crossing of I-15 Site Analysis · Opportunities View Corridor Link to School Site Analysis · Opportunities H i sto ri c St ru ct u re s Connection to Agricultural History Site Analysis · Constraints Fencing Sand & Gravel Pit No Median Break Site Analysis · Constraints ~,,~..;~.-,,,,..-.;;.,;..: .-....-:.:... ....................... Fence Right-of-way Busy Street Crossing Site Analysis · Constraints Right-of-way now Utilized as Alley No Railing over Drainage Culvert Site Analysis · Constraints (temp) Fence/Gate at Channel Crossing Site Analysis · Constraints .-,;., .~; ,.. ~ ~ ~. =; '....,.?,. ~:~'.~:..,..'. '... . . ~..~.];" ..:~. :.L~'..., ,~ ,' .... Busy Street crossing No Median Break Right-of-way used for Access Site Analysis · Constraints 'Right~of,way Leased . ',t0School ,.;, Active Rail / Siding Site Analysis · Constraints Additional Constraints Existing Water Lines Fiber Optic Cable Drainage Structures Existing Easements Active Rail Design Alternatives CLAREMONT 1ST STREET @ MILLS 60' EXISTING ROW 45' _4jL5' RESERVED ...... / .... BIKE" MONTCLAIR CLAREMONT BLVD TO MONTE VISTA AVE (SAND & GRAVEL MINING OPERATION) 40' STR EE~ R(SW (UNIMPROVED) 70' EXISTING RR RIGHT-OF-WAY 45' 25' RESERVED RAIL TRAIL BiKE/WALK , STREET ROW (UNIMPROVED) UPLAND MONTE VISTA AVE TO CENTRAL AVE 4ff STREETROW (VACATED) SAN[J & GRAVEL MINING TAILINGS PILES 45' ~ 25' q RESERVED R~LTRAIL 15' 4ff ~TREETRO~/ (VACATED) pARKINGLOT UPLAND CENTRAL AVE TO BENSON STREET 70' EXISTING RR RIGHT OE WAy 40' __ STREET ROW RAILTRAIL EXISTING STREET STREETROW UPLAND WASHINGTON BLVD (HISTORIC NEIGHBORHOOD) EXISTING RR ROW 45' RESERVED 15' STREETROW ALTERNATIVE 1 STINGSTREET 45' STREETROW UPLAND WASHINGTON BLVD (HISTORIC NEIGHBORHOOD) EXIS~NG RR ROW 45' 15, I BIKE 45' STREETROW EXISTING STREET ALTERNATIVE 2 RANCHO CUCAMONGA FOOTHILL BLVD TO VINEYARD F~ESE~VED ' ., ~u GIKEN/ALK RANCHO CUCAMONGA EAST OFVINEYARD EQUESTRIAN EXiSflNG RR FtT~T-~-WAY RESERVED SLOPE BIKE/WALK lo. SLOPE RANCHO CUCAMONGA EAST OF VINEYARD (HIGHPOINT) FONTANA RIALTO (TYPICAL) / ..... EXISTING ROW / ~E~ERV~D ..... '/ BIKE/VVALK I S~DI~T .... / Design Standards · Bicycle [] Caltrans Class 1 - 8' minimum + 2'+ 2' = 12' [] 14-15' recommended · Equestrian [] 14-15' recommended · Pedestrian/Jogger · Crossings · Future Rail Reserve [] 35'+10' construction easement = 45' [] Fenced both sides (when built) AUSUST 2000 Riding the trails. Bicyclists, equestiiaris hope their dream '~f converting 21 mile~ of. a ~ormer . railroad route for recreational Use will soon begin to take shape.. will risk a tire on open stretch- es through Rancho - Cucamonga or, a horse and alder v~_ll take in an evening on the pastoral Stretches in Fontalia. At least Once a week Martin Dickey uses pm~ of the rail right-Of-way to get from his home in Rancho Cucaunonga to work in Pomona, He lives next to the rail line and he rides his bike to the Claremont ' bolder Wbem a fende forces him onto dry stree~s~ For the balance of 'his ride, Dickey shares busy roads with commuters. In a couple of years, though, he might be able to ride all the way to Pomona, gliding on smooth asphalt past shaded water stops and across marked Intersections. The Pacific Electric Trail will run 21 miles between Rialto and Claremont. It is a project of the six dries along the right-of-way, including Fontnna, Runcho Cucamonga. ~Upland and Montdalr. 5[[ TRAIL PA8[ 4 - Tipton Blish · Ous TIMES., ~, F, 30 ye S the Lhat the Padtic El~ctri~ trains used'to' traVel, has lain donut while the Inland Valley burit itself up~ Streets now bisect its length. painted cinder-block walls bide it ~om housing tracts, and trash ~nd Weeds have moved in. ' still ~n occasiog~l cydist PHOTO BY KATHERINE HEAD, ILLUSTRATION BY ROBERT R HERNANDEZ / OUR TIMES Rob DuBok of Rancho Cucamonga bikes along the proposed "Rail to Trail" route, which would stretch from Pdalth to ClaremonL TRAIL CONTINUED FROM I between the two cities at either end. In October, city officials expect to see the master plan for the trail -- a document that will detail street cross- Ings, water fountain loca- tions, rest stops, equestrian facilities, historical markers and even landscapIng for the 21 miles. A chance to run or ride free from traffic has drawn a small but determined group of supporters who are Intent on seeing the trail realized. Rancho Cucamonga equestrians are particularly enthused about adding to their options, a chance to ride on the south end of town. They packed a work- shop last month to get ideas for the look and design of the troll and to lobby for realdug more of the flail available for horseback rid- ing. As it stands, the trail will accommodate horses only in Rancho Cucamonga and parts of Pontana. Dan Coleman, a senior planner for Rancho Cucamonga, which heads the trail plan- ning for the six cities, said nearly all of the equestrian interest is in his city. The balance of the trail w~l cater to cyclists, runners, walkers and skaters. Among them will be Larry Scheetz, an organizer of the Claremont Senior Bicycle Group. Scheetz's group of 20 to 30 riders generally gets together three times a week for rides. An advantage of bike trails that are converted rail lines is their lack of hills, which appeals to the "'Rail to trail' really fit the cyclists' needs. We like it flat. One of our members calls his bike a slope detector." t,~rry Scheetz organizer of the Clsremont Senior Bicyde Group Claremont senior riders. But since they haven't converted to the more rugged mountain bikes, they don't brave the rough-surfaced Pacific Electric Trail. "'Rail to trail' really fit the cyclists' needs," Scheetz said. "We like it fiat/One of our members calls his bike a slope detector." The trail, In its current state, is little known. The scrubby right-of-way is familiar mainly to those who live along it. Rob DuBois wheels his bike out of his Rancho Cucamonga home to hit the trail near Haven Avenue. He rides only a short sfretch before connecting to more estabhshed trails that take him up to the hi]Is. There are still pieces of raft embedded In the pave- ment -- a reminder that this part of the world used to be connected to one of the most extensive urban-suburban raft lines in the country. The San Bernardino Assn. of Governments originally bought the Pacific Electric right-of-way for the Metrolink line. Eventually, Metrolink went slightly south on a straighter path. However, putting a bike trail on the abandoned line won't preclude the return of a rail line. The master plan that Boyle Engineering is prepar- Ing leaves enough room for a future rail line. Sharing the space with trains would be consistent with one of the goals of the planned trail: taking cars off the road. "This trail goes by many, many schools. I could see six or seven schools from the trail," said Josh Hart of the National Rails to Trails Conservancy. He foresees students able to ride their bikes or walk safely to school, which will keep theft parents from having to drive them. Dickey started riding to work when he heard about the right-of-way and when gas prices soared past $1.50 per gallon. S~li, it is not a smooth ride. Broken glass, bags of trash, parked cars and fences make a ride along the Pacific Electric more of an adven- ture than a cruise. The biggest obstacle to changing that will be raising the money to build the trail, according to Brad Lewis, a consultant hired to plan the Each city is responsible for financing its segment of the trail, and as a result it might be built in stages, Lewis said. Once the trail plan is com- plete this fall, cities .will have something to show federal and state agencies to sohclt money for the project. In the past transportation money could only be spent on high- . ways, but now local govern- ments have more leeway in spending federal money, Hart said. Coleman told workshop attendees last month that they could expect pieces of the trail to be ready in about two ye~-s. Dedicated to protecting a piece of our past, and enhancing our future September 14, 2000 Honorable William J. Alexander Mayor of Rancho Cucamonga Rancho Cucamonga, California Dear Mayor Alexander: I would like to take this opportunity to introduce to you - Friends of the Pacific Electric Inland Empire Trail (PET). PET is a citizen-based organization formed to support and promote the rails-to-trails project that runs through your community. We believe that this trail, once complete, will build community, bring economic benefits to the region, reflect the rich history of the area, and provide a safe, attractive corridor for people of all ages to reach destinations that currently lack safe bicycle and pedestrian access. The cities of Claremont, Montclair, Upland, Rancho Cucamonga, Fontana and Rialto are working together to develop this multi-purpose trail along the historic Pacific Electric Railway corridor. The City of Rancho Cucamonga is acting as the lead agency in the preparation of a Master Plan with funding provided by The San Bernardino Associated Governments (SANBAG). A brochure is enclosed with further information. Some of the things that PET will be working on in the next few months are: Developing a vision for the corridor and goals for our organization · Building membership · Enhancing community awareness of the project · Attending all public workshops and meetings · Collecting public comments and working with contracted consultants to ensure that the Master Plan reflects identified needs and concerns · Working with public officials to overcome obstacles and provide support We are excited about this project and will be working hard with all communities to see that the project is completed in its entirety, and to support the trail into the future. Once the Master Plan is completed, it will be formally presented to your City Council. This would be good opportunity for the PET organization to be introduced publicly to your community. However, if you would like more information regarding the PET organization or the trail, I would be happy to meet with you, or your representative, prior to the formal master plan presentation. Director, Friends of the Pacific Electric Inland Empire Trail 11119 Malone Street Alta Loma, CA 91701 Phone: 466-6091 FRIENDS_of_PET~,ATT,NET Cc Diane Williams, Mayor Pro Tem Paul Biane, Councilmember James V. Curetalo, Councilmember Bob Dutton, Councilmember Jack Lam, City Manager Rick Gomez, Community Development Director Dan Coleman, City Planner Ana Zambrano July 20, 2000 7418 Hellman Ave., Rancho Cucamonga, CA 91730 (909) 466-9065 Home / (909) 4,844433 Work Received planning Division ' City Council City ofRancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Re: Pacific Electric Trail Dear Sirs: I recently attended the two public "Pacific Electric Trail Workshops", and I would like to express my enthusiastic support for the project. My home borders the trail and I believe a well-lighted and well-landscaped area for horses, bikers and joggers ~ill not only increase property values, but will also enhance the recreational enjoyment of the community. I look forward to seeing the plan implemented and bringing even more wonderful recreational options and beautification to our community. I am very proud that Rancho Cucamonga is taking the lead in this endeavor. Sincerely, · ~ C~ Ana Zambrano FACT SHEET THE ECONOMIC BENEFITS OF RAIL-TRAILS Rail-trails provide excellent recreation and transportation opp0nunities, preserve critical open space, create natural corridors for wildlife and enhance communities 'in the process. But rail-trails do even more: they bring money into the communities through which they pass. Trails are highly desirable destinations for an increasing number of people. Trail nsers need food, lodging and sometimes fuel. They also need special clothes, shoes and equipment for running, hiking, biking, skiing, skating, horseback riding and snowmobiling. Many of them buy souvenirs and other items during the trip, or combine the trail experience wi.'th another type of revenue-generating activity. A major 1992 study of three rail-trails by the National Park Service has shown that the total economic impact of a trail involves a combination of newly created trail-related jobs and the expansion of existing businesses related to travel,. equipment, clothes, food, souvenirs and maps. Just how much can a rail-trail impact a cOmmunity?The above study found that the average user of the Heritage Trail in rural Iowa spent $9.21 per day. The figure for Florida~ Tallahassee-St. Marks Trail was $11.02, and for urban Califoruia~ Lafayette-Moraga Trail, $3.07. With use in the tens and hundreds of thousands, the total annual economic benefit for .each of the three trails ranged from $1.2 million m $1.8 million per year. Considering that Americans used rail-trails 85 million times in 1993, communities that have responded to trail users have profred generously. Trail-related and trailside businesses vary and may include bike shuttle services, camp- grounds. restaurants, concession stands. motels and bed-and-breakfast establishments. Busi- nesses that spring up or are revitalized because of a trail are as different as the people who run them. For example: · Before the Katy Trail went through his back yard in Defiance, Missouri, woodworker gad Koenig barely got by on a few commissions. Since the trail opened, Koenig~ Car- penter Love Shop has been deluged with surprised and appreciative browsers--and buyers. Koenig today has a mailing list of oqer 100,000 people. · It took 17 years to clear the bureaucratic hurdles and build the Minuteman Trail near Boston, but the wait may have been worth it for The Bike Stop. It served an amazing 1,800 people on a single beautiful Saturday in 1994. The Minuteman has also been good' for Steve~ Ice Cream Shop in Arlington, which serves about 200 more people a week, and the Gap clothing store in Lexington, which claims a 30 percent business increase because of the trail. · The downtown area of Dunedin, Florida was suffering a 35 percent storefront vacancy rate in the early 1990s until an abandoned CSX railroad track became the phenomenally successful Pinellas Trail. Now, storefront occupancy ks 100 percent, old establishments are remodeling and business ks booming. · Peak-season hotel rooms along Wisconsin's 32-mile Elroy-Sparta State Park Trail are booked up to a full year in advance. A state study of the trail revealed that the destina- tion is so desirable that the average visitor travels 228 miles to experience it. Half of all the trail~ users are out-of-state visitors who bring 'new' money into Wisconsin. -over- Make the Connection · Sen DIe,go, January g8-31 · (~0g)974-5151 RAILS-TO-TRAILS CONSEWANCY · 1100 SeventeenU1 Stz'eet, NW, 10th Floor, Washington, DC 20036 334-96 6 * - e0 · ' q/o · After biking the Youghiogheny River Trail in southwestern Pennsylvania, Robert Benms and his wife pur~ chased a rundown trailside building and converted it into the River~ Edge Cafe which now serves over 1,000 meals a day. An additional benefit of rail-trails is the revenue they produce for the state and their communities through taxes from trail-related sales. For example, a recent study of Maryland~ Northern Central Rail-Trail found that while the trail~ management and maintenance cost to the public in 1993 was $191,893, the trail-related tax income to state totaled $303,750. The loss of railroad service can economically devastaie small towns in America. But rail-trails have helped re- vitalize these communities. Here~ what a few local people have said about it: "The bike shops are overloaded with sales. They cant assemble bikes quick enough.' --Ed Dressier, Executive Director, Greene County Park District, Xenia. Ohio. speaking of Ohio~ Little Miami Scenic Trail ~The bike trail was the boost that Wonewoc needed, and it instilled a tremendous community pride here. It~ brought people in this community together.' --Kathy DeNure, President, Friends of the 4o0 Trail. Wontwoe, Wisconsin 'Undeveloped, .it was a nightmare, but developed. it is a crown jewel.' --Bill Held, farmer, Shelby, Michigan, speaking of Michigan~ Han-Montaguc Trail 'It stared as conservation and preservation of abandoned rail lines. Then it broadened in scope to include tourism, economic development and transportation. People have begun to realize there are other advantages such as health and fitness.' --Nancy Burns, lowa~ Bicycle and Pedestrian Coordinator Rail-trails provide countless opportunities for economic renewal and gww~h. As people spend more time on trails they are also spending more money, near the trails and on their way to them. As more establishments recognize the purchasing power of cyclists, walkers, runners and others, they are orienting their merchandise, . advertising and service toward trail users. Many people already know that rail-trails are good for our communities, our health, and our environment. Every day, more people are realizing that they also benefit our local economies. ' As a non-profit public organization, Rails-w-Trails Cohservancy is supported by its membership. Help make our vision of an interconnected network of trails a reality by joining wday at one of the following membership levels: regular supporting ($25); patron ($50); benefactor ($100); advocate ($500) or Trailblazer Society ($1,000). · . 5 97 .: THE CiTY OF ~ANCHO CUCAMONGA su ffRepor DATE: TO: FROM: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT 2000-01 (SOUTH ETIWANDA) AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS, APPROVING THE FORM OF THE BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF BONDS Recommendation It is recommended that the City Council approve the attached Resolution authorizing the issuance of bonds to acquire storm drains, streets, water and sewer improvements in Community Facilities District (CFD) 2000-01 (South Etiwanda). This Resolution would also approve the various documents necessary for the sale of bonds. These documents include the Bond Indenture, Bond Purchase Agreement, and Preliminary Official Statement. This Resolution will also authorize the City Manager to approve the final pricing of the bonds as long as it falls within the- parameters set forth in the Resolution. These actions are consistent with prior actions of the City Council declaring the necessity and intent to sell bonds in this CFD. Background On November 1, 2000 the City Council, acting as the Legislative Body for CFD 2000-01, approved Resolutions 00-235 and 00-236. These Resolutions authorized an election in the CFD to incur bonded indebtedness and also declared the necessity to incur bonded indebtedness. The election was held on November 7,2000 and was unanimous in favor of incurring the bonded indebtedness. Page 2 December 6, 2000 APPROVAL OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT 2000-0'1 (SOUTH ETIWANDA) AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS, APPROVING THE FORM OF THE BOND INDENTURE, BOND PURCHASE AGREEMENT, P The bonds are being sold to provide funds to acquire needed public facilities in the South Etiwanda CFD. The facilities are storm drains, streets, water and sewer improvements. The debt service for these bonds will be secured by the special tax levied in this CFD. Only the property owners in this CFD will be responsible for the obligations of the bonds. This Resolution also approves the forms of the Bond Indenture, Bond Purchase Agreement, Preliminary Official Statement and Continuing Disclosure Certificate and authorizes the City Manager to approve the final forms of these documents subject to review by the City Attorney and Bond Counsel. These documents are required for the bond sale to proceed. These documents are included under separate cover. The Bond Indenture spells out the responsibilities of the CFD to the bondholders. The Bond Purchase Agreement covers the arrangement of the sale of the bonds to the underwriter. The Preliminary Official Statement is a document for potential investors disclosing necessary information about the CFD, the bonds and the subject properties. The Continuing Disclosure Certificate is required by the Securities and Exchange Commission to insure that changes in conditions in the CFD that will be of interest to investors and bondholders will be reported. Finally, this Resolution authorizes the City Manager to approve the final pricing of the bonds that will be negotiated with the underwriter within the parameters set forth in the Resolution. Because this action is consistent with the intent and past actions of the City Council, your approval is recommended. Re ectfully submitted, Duane A. Baker Assistant to the City Manager Attachments for Item # 2 on City Council Agenda- City Manager' Staff Reports December 6, 2000 29079-98 JH:SRF 10/27/00 AGENDA COPY 11/07/00 pRELIMINARY OFFICIAL STATEMENT DATED NOVEMBER ~ ZCO0 NEW ISSUE--BOOK-ENTRY ONLY NOT RATED In the opinion of Best Best & Krieger LLF, San Diego, Califontia, Bond Counsel, subject to certain qualifications described heroin, under existing law, interest on the Bonds ~ excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporatioLts, although for the purposes of computing the altersrive minimum tax imposed ou certain corporations, such irrterest is taken into account in determining certain income and earnings. In the further opinion of Bond Counsel, such interesl is exempt from California persottal income bixes. See "CONCLUDING INFORMATION TAX MATTERS." $1,400,000' City Of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 Dated: Date ot De[ivex3~ DuE September 1, as shown below The City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") is issuing its Special Tax Bonds, Series 2000 (the "Bonds") to provide funds for the acquisition and construction of certain drainage and other improvemen~ to serve property located within the District, The proceeds of the Bonds will also provide funds to fund a Reserve Fund for the Bonds, to fund capitalized interest on the Bonds and to pay cos~ associated with the issuance of the Bonds, The Bonds are being issued under the Mello-Roos Community Facilities Act of 1982, as amended (the "Melle, Roos Law"), and a Bond Indenture dated as of November l, 2000 (the "Indenture"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). The District w~ll covenant in the Indenture not to issue any additional bonds secured on a parity with the Bonds except refunding Bonds or other refunding obligations payable from the Special Taxes on a parity with the outstanding Bonds so long as the total annual debt service is $ % Term Bonds Due September l, 20__ - Price __% $ % Term Bonds Dee September 1, 20__ - Price % Toe Bonds are offered when, as and if issued and accepted by the Underwrite subject to the approval as to their legality by Best Best & Krieger LLP, Sail Diego, California, Bo~vI Com~sel, and certain other cotulitions. Certain legal matters will be passed upon for the Ututerwriter by its counsel, ]ones Hall, A Professtotal Law Corporation, San Francisco, California, It is anticipated that the Bonds ill book-entry form wdl be available for delivery to DTC in New York, New York on or about December ,2000. Stone & Youngberg LLC Dated: December ~ 2000 preliminary, subiectto change, CITY OF RANCHO CUCAMONGA MAYOR AND CITY COUNCIL William J. Alexander, Mayor Diane Willjams, Mayor Pro Tempore James V. Curatalo, Councilmember Paul Biane, Councilmember Robert Dutton, Councilmember OTHER ELECI'ED OFFICIALS James C. Frost, City Treasurer Debra Adams, City Clerk CITY STAFF Jack Lam, City Manager Duane Baker, Assistant to the City Manager Joe O'Neil, City Engineer Rick Gomez, Community Development Director Tamara L. Layne, Finance Officer James L. Markman, City Attorney Lawrence I. Temple, Administrative Services Director BOND COUNSEL Best Best & Krieger LLP San Diego, California FINANCIAL ADVISOR Fieldman, Rolapp & Associates Irvine, California FISCAL AGENT Wells Fargo Bank, National Association Los Angeles, California SPECIAL TAX CONSULTANT Willd an / MuniFinancial Temecula, California APPRAISER Bruce W. Hull & Associates, Inc. Ventura, California TABLE OF CONTENTS INTRODUCTORY STATEMENT ................................ 1 General ..........................................................................1 Authority For Issuance ...............................................l The District ...................................................................1 Purpose Of The Bonds ...............................................1 Description Of The Bonds .........................................2 Security For The Bonds ..............................................2 Risk Factors ..................................................................3 Tax Matters ...................................................................3 Professionals Involved In The Offering .................. 3 Continuing Disclosure ...............................................3 FINANCING PLAN .......................................................4 Financing Purpose ......................................................4 Estimated Sources And Uses Of Funds .................. 4 THE BONDS ....................................................................5 Authority For issuance ...............................................5 Description Of The Bonds .........................................5 Redemption Of Bonds ................................................6 Debt Service Schedule ................................................8 SECURITY FOR THE BONDS ...................................... 9 Limited Obligation ......................................................9 The Special Tax ............................................................9 The Special Tax Formula .........................................11 Estimated Maximum Special Tax Proceeds and Debt Service Coverage Ratio ........................... 13 Reserve Fund .............................................................13 Delinquent Special Taxes; Covenant To Foreclose .....................................................................14 No Issuance of Additional Indebtedness .............. 15 THE DISTRICT ..............................................................17 General Description And Location Of The District .........................................................................17 Environmental Conditions ......................................17 Facilities To Be Financed With The District Bonds ...........................................................................17 Market And Absorption Analysis .......................... 19 Appraisal Of Parcels Within The District .............. 19 Value to Lien Ratio ....................................................20 Cumulative Tax, Assessment And Fee Burden On Property .................................................................21 OWNERSHIP OF PROPERTY WITHIN THE DISTRICT ........................................................................24 PROPOSED DEVELOPMENT WITHIN THE DISTRICT ........................................................................27 BONDOWNERS' RISKS ...............................................30 Not A General Obligation Of The District or The City ........................................................................30 Levy Of The Special Tax ...........................................30 Exempt Properties ......................................................31 Collection Of The Special Tax ..................................31 Not A Personal Obligation .......................................32 Concentration Of Property Ownership ................. 32 Parity Taxes And Special Assessments .................. 32 Land Values and Development ............................... 33 Disclosures To Future Purchasers ........................... 35 Bankruptcy and Foreclosure Delays ...................... 35 Proposition 218 And The Initiative Power ............ 37 Limitation On Remedies; No Acceleration ........... 38 Loss Of Tax Exemption .............................................38 Secondary Markets And Prices ............................... 38 CONCLUDING INFORMATION .............................. 39 Tax Matters ..................................................................39 Legal Opinions ...........................................................39 Litigation ......................................................................39 Continuing Disclosure ..............................................40 No Rating .....................................................................40 Underwriting ..............................................................41 Professional Fees ........................................................41 Miscellaneous .............................................................41 APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G APPENDIX H Summary Appraisal Report Summary of Absorption Study Rate And Method Of Apportionment Of Special Tax Sununary Of The Indenture Book-Entry Only System Forms Of Continuing Disclosure Certificates Proposed Form Of Opinion Of Bond Counsel General Information About The City Of Rancho Cucamonga The purpose of this Official Statement is to supply information to prospective purchasers of the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 (the "Bonds") issued by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") under the Mello-Roos Community Facilities Act of 1982, as amended. This Official Statement is submitted in connection with the sale of the Bonds and may not be reproduced or used, in whole or in part, for any other purpose. This Official Statement does not constitute a contract between any Bondowner and the District or the Underwriter. The information contained in this Official Statement has been obtained from sources that are believed to be reliable, but this information is not guaranteed as to accuracy or completeness. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Statements contained in this Official Statement that involve estimates, forecasts, or other matters of opinion, whether or not expressly so described, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion stated herein are subject to change without notice. This Official Statement speaks only as of its date, and the information and expressions of opinion contained in this Official Statement are subject to change without notice. Neither the delivery of this Official Statement nor any sale of the Bonds will, under any circumstances, create any implication that there has been no change in the affairs of the District, the City of Rancho Cucamonga (the "City"), any other parties described in this Official Statement, or in the condition of property within the District since the date of this Official Statement. All summaries of the Bond Indenture dated as of November 1, 2000, or other documents are made subject to the provisions of such documents and do not purport to be complete statements of any or all such provisions. All references in this Official Statement to the Indenture and such other documents are qualified in their entirety by reference to such documents, which are on file with the District. No dealer, broker, salesperson or other person has been authorized by the District to give any information or to make any representations other than as contained in this Official Statement, and, if given or made, such other information or representation must not be relied upon as having been given or authorized by the District, the City or the Underwriter. This Official Statement does not constitute an offer to sell or a solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. The issuance and sale of the Bonds have not been registered under the Securities Act of 1933 or the Securities Exchange Act of 1934, both as amended, in reliance upon exemptions provided thereunder by Sections 3(a)(2) and 3(a)(12), respectively, for the issuance and sale of municipal securities. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR REFLECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITER MAY OFFER AND SELL THE BONDS TO CERTAIN DEALERS AND DEALER BANKS AND BANKS ACTING AS AGENT AT PRICES LOWER THAN THE PUBLIC OFFERING PRICES STATED ON THE COVER PAGE OF THIS OFFICIAL STATEMENT, AND SAID PUBLIC OFFERING PRICES MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER. REGIONAL LOCATION MAP OFFICIAL STATEMENT $1,400,000' City Of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 INTRODUCTORY STATEMENT General The purpose of this Official Statement, which includes the cover page and attached Appendices, is to provide certain information concerning the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"). The Bonds are being issued under a Bond Indenture (the" Indenture") dated as of November 1, 2000, by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). This introduction is subject in all respects to the more complete information set forth in this Official Statement. All capitalized terms used in this Official Statement and not otherwise defined have the same meaning as in the Indenture. See "APPENDIX D - Summary Of The Indenture - Definitions". Authority For Issuance The Bonds will be issued under the Mello-Roos Community Facilities Act of 1982, as amended, constituting Sections 53311 et seq. of the California Government Code (the "Mello- Roos Law"), the approving vote of the eligible landowner voters of the District, a resolution of the City Council of the City of Rancho Cucamonga (the "City"), acting in its capacity as the legislative body of the District, and the Indenture. The City Council has authorized the issuance and delivery of the Bonds in the principal amount of $2,750,000. The District The District was formed by the City on November 15, 2000 under the Act following a public hearing held on the same day and a landowner election at which the qualified electors of the District approved the levy of special taxes and the issuance of bonds secured by such special taxes. All of the property in the District is owned by Palmdale Summit, a California Limited Partnership, and RC Homes, LLC (collectively, the "Property Owners"), which are affiliates of Pacific Communities Builder, Inc. See "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT" and "PROPOSED DEVELOPMENT WITHIN THE DISTRICT." Purpose Of The Bonds The Bonds are being issued to provide funds for the acquisition and construction of certain improvements (the "Facilities") within the District, to fund a Reserve Fund for the Bonds, to fund capitalized interest on the Bonds and to pay costs associated with the issuance of the Bonds. Preliminary; subject to change. The Facilities to be financed with the Bonds are anticipated to consist of certain improvements required for the development of the property in the District, including storm drainage and street improvements. See "THE DISTRICT - Facilities To Be Financed With The District Bonds". Description Of The Bonds Payments. The Bonds are dated their date of delivery and mature in the amounts and in the years, and bear interest at the rates set forth on the cover page of this Official Statement. Interest on the Bonds will be payable on each March 1 and September 1 each year, beginning March 1, 2001. Registration, book-entry provisions, denominations. The Bonds will be delivered in fully registered form only and, when delivered, will be registered in the nan~e of Cede & Co., as nominee of The Depository Trust Company, New York, New York CDTC"). DTC will act as securities depository of the Bonds. Ownership interests in the Bonds may be purchased in book-entry form only in the principal amount of $5,000 or any integral multiple. See "APPENDIX E - Book-Entry Only System". Transfer and exchange. If the book-entry only system described below is no longer used with respect to the Bonds, the Bonds may be transferred and exchanged in accordance with the Indenture. Redemption provisions. The Bonds are subject to optional, extraordinary mandatory and mandatory sinking fund redemption prior to their respective maturity dates. See "THE BONDS - Redemption Of Bonds". Security For The Bonds Limited Obligation. Neither the full faith and credit nor the general taxing power of the City, the County of San Bernardino (the "County"), the State of California, or any political subdivision thereof is pledged to the payment of the Bonds. The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from the proceeds of the Special Tax (defined below) and other sources described in the Indenture. The Special Tax. Payments of interest on and principal of the Bonds are to be made from the proceeds of a special tax (the "Special Tax") authorized to be levied annually by the District on all Taxable Land (as defined in APPENDIX C) in the District under the Mello-Roos Law and in accordance with the landowner election held in the District and the Rate and Method of Apportionment of Special Tax (the "Special Tax Formula"). See "SECURITY FOR THE BONDS - The Special Tax" and "- The Special Tax Formula". Appraised Value of Property Within the District and Value to Lien Ratio. An appraisal of the market value of the fee simple estate in the land within the District has been prepared by Bruce W. Hull & Associates of Ventura, California, which is attached as APPENDIX A. See "THE DISTRICT - Appraisal Of Parcels Within The District" and "THE DISTRICT - Value to Lien Ratio" for a summary of appraised values and estimated value-to- lien ratios. See also "THE DISTRICT - Cumulative Tax, Assessment, And Fee Burden On Property" for a description of certain additional debt or other obligations secured by liens on the property. No Additional Bonds. The District will covenant in the Indenture not to issue any additional bonds secured on a parity with the Bonds; provided, however, that the District may issue refunding Bonds or other refunding obligations payable from the Special Taxes on a parity with the outstanding Bonds so long as the total annual debt service is reduced. See "SECURITY FOR THE BONDS - No Issuance Of Additional Indebtedness". Reserve Fund. The Indenture establishes a Reserve Fund, which is required to be funded in an amount equal to the Reserve Requirement, which is equal to the least of (i) the maximum Debt Service payable under the Indenture in the current or any future Bond Year, (ii) 125% of average Debt Service payable under the Indenture in the current or any future Bond Year, and (iii) 10% of the original principal amount of the Bonds. See "SECURITY FOR THE BONDS - Reserve Fund". Risk Factors Certain events could affect the ability of the District to pay debt service on the Bonds when due. See "BONDOWNERS' RISKS" for a discussion of certain factors that should be considered, in addition to other matters set forth in this Official Statement, in evaluating an investment in the Bonds. Tax Matters In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing laws, regulations, rulings and court decisions, the interest on the Bonds is exempt from personal income taxes of the State of California and, assuming compliance with certain covenants described in this Official Statement, is excluded from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax. Set forth in APPENDIX G is the opinion of Bond Counsel expected to be delivered in connection with the issuance of the Bonds. For a more complete discussion of Bond Counsel's opinion and certain other tax consequences incident to the ownership of the Bonds, including certain exceptions to the tax treatment of interest, see "CONCLUDING INFORMATION - Tax Matters". Professionals Involved In The Offering Wells Fargo Bank, National Association, will serve as Fiscal Agent for the Bonds. The Bonds will be delivered subject to approval as to their validity by Best Best & Krieger LLP, San Diego, California, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by its counsel, Jones Hall, A Professional Law Corporation, San Francisco, California, and for the City and the District by Richards, Watson & Gershon. An appraisal of the property within the District has been prepared by Bruce W. Hull & Associates, Ventura, California. Willdan/MuniFinancial, of Temecula, California, has served as special tax consultant to the District for the financing. Continuing Disclosure The District and the Property Owners will covenant for the benefit of the Bondowners to provide periodic reports containing certain financial information and operating data relating to the District, and to provide notices of the occurrence of certain enumerated events, if material. The specific nature of the information to be contained in these reports and the notices of material events is set forth in "APPENDIX F - Forms Of Continuing Disclosure Certificates". See also "CONCLUDING INFORMATION - Continuing Disclosure". FINANCING PLAN Financing Purpose The Bonds are being issued to provide funds for the following purposes: · To finance the acquisition and construction of the Facilities, which are anticipated to consist primarily of storm drain facilities. See "THE DISTRICT - Facilities To Be Financed With The District Bonds". · To pay the costs of issuing the Bonds. · To fund a Reserve Fund for the Bonds. · To fund capitalized interest on the Bonds through September 1, 2001. Estimated Sources And Uses Of Funds The following table sets forth the estimated sources and uses of funds for the acquisition and construction of the Facilities and the issuance of the Bonds: TABLE 1 City of Rancho Cucamonga, Community Facilities District No. 2000-01 (South Etiwanda) Estimated Sources And Uses Of Funds SOURCES OF FUNDS Principal Amount of the Bonds Less: Underwriter's Discount Total Sources of Funds USES OF FUNDS $ () $ Deposit to Acquisition Fund Deposit to Interest Account of the Bond Service Fund [1 ] Deposit to Reserve Fund [2] Deposit to Costs of Issuance Fund Deposit to Administrative Expense Fund [3] Total Uses of Funds Represents a portion of the capitalized interest accming on the Bonds from their date of delivery to and including September 1, 2001. The District has assumed that the remaining amount necessary to pay interest on the Bonds through September 1, 2001 will be funded from interest earnings on the initial deposit into the Interest Account of the Bond Service Fund and the Reserve Fund (at an assumed rate of 5 percent).] Equal to the Reserve Requirement. Represents anticipated administrative expenses of the District through September 2001. THE BONDS Authority For Issuance The Mello-Roos Law was enacted by the California Legislature to provide an alternate method of financing certain public capital facilities and services, especially in developing areas of the State of California. Once duly established, a community facilities district is a legally constituted governmental entity within defined boundaries, with the governing board or legislative body of the local agency that established the district acting on its behalf. Subject to approval by a two-thirds vote of qualified electors and compliance with the provisions of the Melio-Roos Law, a legislative body of a local agency may issue debt securities for a community facilities district and may levy and collect a special tax within such district to repay such indebtedness. Under the Mello-Roos Law, the City Council (the "City Council") of the City has taken the following actions: · On November 1, 2000, the City Council, following a public hearing held on the same day, adopted Resolution No. __ establishing the District and calling a special mailed-ballot election on the same day, to authorize the issuance of bonds and the levying of a special tax within the District. · On November 7, 2000, the eligible landowner voters of the District authorized the issuance of bonds in a principal amount of $. to finance the acquisition and construction of the Facilities, established an annual appropriations limit for the District, and approved the ma×in-~um rate and method of apportionment of the Special Tax to pay debt service on Bonds issued to finance the Facilities. · On November 15, 2000, the City Council adopted Resolution No. __ approving and confirming the canvass of the votes cast in the election. · On November 15, 2000, the City Council adopted a resolution approving the issuance of the Bonds. Description Of The Bonds The Bonds will mature on the dates and in the principal amounts and will bear interest at the rates per annum set forth on the cover page of the Official Statement. Interest on the Bonds will accrue from their date, and will be payable semiannually on March 1 and September 1 each year (each an "Interest Payment Date") commencing March 1, 2001. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. The Bonds will be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple. All of the Bonds, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company CDTC'), New York, New York, which will act as securities depository for the Bonds. Purchasers will not receive physical certificates representing their interests in the Bonds. Principal of and interest on the Bonds will be paid by the Fiscal Agent to DTC for subsequent disbursement to DTC Participants, who will remit such payments to the beneficial owners of the Bonds. See "APPENDIX E - Book-Entry Only Systen~". Redemption Of Bonds Optional Redemption. The Bonds maturing on and after September 1, 2009 may be redeemed at the option of the District prior to maturity as a whole, or in part on any Interest Payment Date on and after September 1, 2008, from such maturities as are selected by the District, and by lot within a maturity, from any source of funds, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption: Redemption Dates September 1, 2008 or March 1, 2009 September 1, 2009 or March 1, 2010 September 1, 2010 or thereafter Redemption Price 102% 101 100 Extraordinary Mandatory Redemption From Proceeds of Special Tax Prepayment. The Bonds are subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata basis among maturities From the prepayment of Special Taxes under the Special Tax Formula. An Authorized Representative of the District will deliver written instructions to the Fiscal Agent not less than 60 days prior to the redemption date directing the Fiscal Agent to use the Special Tax Revenues transferred to the Principal Account of the Bond Service Fund to redeem Bonds. Such redemption will be 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: Redemption Dates Redemption Price On or before March 1, 2007 September 1, 2008 or March 1, 2009 September 1, 2009 or March 1, 2010 September 1, 2010 or thereafter 103% 102 101 100 Mandatory Sinking Fund Redemption. The Bonds maturing on September l, 2020 are subject to mandatory sinking fund redemption, in part by lot, on September 1 in each year commencing September 1, 2016, at a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued and unpaid interest thereon to the date fixed for redemption, without premium, in the aggregate principal amount and in the years shown on the following redemption schedule: Redemption Date (September 1) Principal Amount Redeemed 2016 2017 2018 2019 2020 The Bonds maturing on September 1, 2025 are subject to mandatory sinking fund redemption, in part by lot, on September 1 in each year commencing September 1, 2021, at a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued and unpaid interest thereon to the date fixed for redemption, without premium, in the aggregate principal amount and in the years shown on the following redemption schedule: 6 Redemption Date (September 1) Principal Amount Redeemed 2021 2022 2023 2024 2025 Selection of Bonds for Redemption. If less than all of the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to be redeemed will be in the principal amount of $5,000 or a multiple, and, in selecting portions of such Bonds for redemption, the District will treat each such Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000. Notice of Redemption. The Fiscal Agent will mail notice of intended redemption at least 30 days but not more than 45 days prior to the date of redemption, by first-class mail, postage prepaid, to the original purchasers of the Bonds and the respective registered Owners of the Bonds at the addresses appearing on the Bond registry books. In addition, the Fiscal Agent must give further notice of redemption to the registered securities depositories and national information services listed in the Indenture. No defect in providing this further notice nor any failure to give all or any portion of this further notice will in any manner defeat the effectiveness of a call for redemption if notice of redemption is given as described above. So long as notice to the Bondholders is given as set forth above, the actual receipt by the Owner of any Bond of notice of such redemption is not a condition precedent to redemption, and failure to receive such notice will not affect the validity of the proceedings for redemption of such Bonds or the cessation of interest on the date fixed for redemption. Effect of Redemption. When notice of redemption has been given to Bondholders substantially as provided above, and when the amount necessary for the redemption of the Bonds called for redemption is set aside for that purpose in the Redemption Fund, the Bonds designated for redemption will become due and payable on the date fixed for redemption, and upon presentation and surrender of those Bonds at the place specified in the notice of redemption, said Bonds will be redeemed and paid at the redemption price out of the Redemption Fund. No interest will accrue on any Bonds or portions of Bonds called for redemption from and after the redemption date specified in the notice, and the Owners of Bonds so called for redemption after such redemption date shall look for the payment of principal and premium, if any, of such Bonds or portions of Bonds only to the Redemption Fund. All Bonds redeemed will be canceled immediately by the Fiscal Agent and will not be reissued. Upon surrender of Bonds redeemed in part, a new Bond or Bonds of the same maturity will be registered, authenticated and delivered to the registered Owner at the expense of the District, in the aggregate principal amount of the unredeemed portion. All unpaid interest payable at or prior to the date fixed for redemption will continue to be payable to the respective registered owners of such Bonds or their order, but without interest on those Bonds. Purchase in Lieu of Redemption. In lieu of optional, extraordinary mandatory or mandatory sinking fund redemption, the District may elect to purchase Bonds at public or private sale at such prices as the District may in its discretion determine; provided, that, unless 7 otherwise authorized by law, the purchase price (including brokerage and other charges) of Bonds so purchased may not exceed the principal amount of those Bonds plus accrued interest to the purchase date. Debt Service Schedule The table below sets forth the scheduled payments of principal and interest for the Bonds, including annual debt service totals. TABLE 2 City of Rancho Cucamonga, Community Facilities District No. 2000-01 (South Etiwanda) Payment Date (September1) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 TOTAL Debt Service Schedule Annual Principal Annual Maturing Interest Payments m Annual Debt Service 12] Represents total annual interest payments. Interest is payable on March 1 and September 1 of each year. Interest payable through September 1,2001 has been capitalized from Bond proceeds. SECURITY FOR THE BONDS Debt service on the Bonds is payable from the proceeds of the annual Special Tax levied on the taxable property within the District under the rate and method of apportionment (the "Special Tax Formula") approved by the eligible landowner voters within the District. The Bonds are secured by a lien on the taxable real property within the District, as defined in the Special Tax Formula, and by the Bond Reserve Fund established under the Indenture. The Special Taxes are not a personal indebtedness of the landowners. Limited Obligation Neither the full faith and credit nor the general taxing power of the City, the County, the State of California, or any political subdivision thereof is pledged to the payment of the Bonds. The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from the proceeds of the Special Tax and other sources described in the Indenture. The Special Tax Approval of the Special Tax. On November 1, 2000, the City Council established the District in accordance with the provisions of the Mello-Roos Law. In a landowner election held on November 7, 2000, the qualified landowner electors within the District authorized the issuance of Bonds in the principal amount of $. and the levy of the Special Tax according to the Special Tax Formula, a copy of which is attached as APPENDIX C. The City Council, acting as the legislative body of the District, will establish tax rates to levy and apportion the Special Tax against property within the District on an annual basis. District Covenant to Levy the Special Tax. Under the Indenture, the District is required to comply with all requirements of the Mello-Roos Law so as to assure the timely collection of the Special Taxes. Prior to July 1 of each year, the District must ascertain the parcels on which the Special Taxes are to be levied in the following Fiscal Year, taking into account any subdivisions of parcels during the current Fiscal Year. The District will effect the levy of the Special Tax in accordance with the Special Tax Formula and the Mello-Roos Law each Fiscal Year so that the computation of the levy is complete and transmitted to the County Auditor as needed for inclusion on the next real property tax roll. Duration of Special Tax Levy. The Special Tax is authorized to be levied for as long as needed to pay debt service on bonds issued to fund the Facilities, but not later than fiscal year 2031-32. Covenant Not to Reduce Special Tax Rates Unless Certain Conditions Are Met. The District will covenant in the Indenture, to the maximum extent permitted by law, that it will not initiate proceedings to reduce the Maximum Special Tax Rates (as such term is defined in the Special Tax Formula), unless the following conditions are met: (i) the District receives a certificate from one or more Special Tax Consultants which, when taken together, certify that, on the basis of the parcels of land and improvements existing in the District as of the July 1 preceding the reduction, the Maximum Annual Special Tax which may be levied on all Assessor's Parcels (as such term is defined in the Special Tax Formula) of taxable property on which a completed structure is located in each Fiscal Year will equal at least 110% of the gross debt service 9 on all Bonds to remain Outstanding after the reduction is approved, and will not reduce the Maximum Annual Special Tax payable from parcels on which a completed structure is located to less than 110% of Maximum Annual Debt Service, and (ii) the City Council, acting as the legislative body of the District, finds that any reduction made under such conditions will not adversely affect the interests of the Owners of the Bonds. Any reduction in the Maximum Annual Special Tax approved by the District as described above may be approved without the consent of the Owners of the Bonds. The District will covenant in the Indenture that, if any initiative is adopted by the qualified electors which purports to reduce the Maximum Annual Special Tax below the levels authorized under the Special Tax Formula, or to limit the power or authority of the District to levy Special Taxes under the Special Tax Formula, the District will commence and pursue legal action in order to preserve the authority and power of the District to levy Special Taxes, from funds available under the Indenture. Manner of Collection. The Special Tax will be collected in the manner and at the same time as ad valorem property taxes are collected by the County. In cases of delinquency, the Special Tax will generally be subject to the same penalties and the same procedures, sale and lien priority as is provided for ad valorem property taxes. However, the District will covenant in the Indenture to pursue foreclosure under certain circumstances using the accelerated foreclosure provisions of the Meilo-Roos Law. See "- Delinquent Special Taxes; Covenant to Foreclose" below. Taxes are levied by the County for each fiscal year on taxable real property that is situated in the County as of the preceding January 1. Property taxes on the secured roll (that is, taxes against real property having a tax lien that is sufficient, in the opinion of the County Assessor, to secure payment of the taxes) are due in two installments, on November 1 and February 1 of each fiscal year. If unpaid, such taxes become delinquent on December 10 and April 10, respectively, and a 10% penalty attaches to any delinquent payment. Property on the secured roll with respect to which taxes are delinquent become tax defaulted on June 30 of the fiscal year; such property may thereafter be redeemed by payment of the penalty set forth in the Revenue and Tax Code, together with the defaulted taxes, the delinquency penalty, costs, and a redemption fee. If taxes are unpaid for a period of five years or more, the property is subject to auction sale by the County. Because the District does not participate in the "Teeter Plan" (which is the County's Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds, as provided for in Section 4701 et seq. of the California Revenue and Taxation Code), collections of assessments and Special Taxes will reflect actual delinquencies. Deposit and Application of Special Taxes. Under the Indenture, all proceeds of the annual Special Tax (except prepayments of the Special Tax) are to be deposited in the Special Tax Fund established by the Indenture, and applied as follows: · first to the Administrative Expense Fund in an amount equal to the Administrative Expense Requirement, · then to the Interest Account and the Principal Account of the Bond Service Fund to pay bond debt service payments on all outstanding Bonds, 10 · then to the Reserve Fund to the extent necessary to replenish the Reserve Fund to the Reserve Requirement, · then to the Rebate Fund to fund any amount rebatable to the United States government and · then to the Administrative Expense Fund to pay Administrative Expenses of the District (a) which the District reasonably expects will become due and payable during the Fiscal Year in which such Special Taxes are levied or the cost of Administrative Expenses previously incurred and paid from funds other than the Administrative Expense Fund and (b) the cost of which the District reasonably expects will be greater than the Administrative Expense Requirement for such Fiscal Year. All money remaining in the Special Tax Ftmd on September 1 of each year after the applications of funds described above will remain in the Special Tax Fund See "APPENDIX D - Summary Of The Indenture." Special Tax is not a Personal Obligation. Although the Special Tax will constitute a lien on property subject to taxation within the District, it does not constitute a personal indebtedness of the owners of such property. There is no assurance that the Property Owners will be financially able to pay the annual Special Tax or that they will pay such tax even if financially able to do so. The risk of the Property Owners not paying the annual Special Tax is more fully described in "BONDOWNERS' RISKS - Collection Of The Special Tax." The Special Tax Formula General. The Special Tax Formula is used to allocate the amount of the Special Tax that is needed to be collected each fiscal year on the taxable property in the District, based on the development status of each parcel, subject to a maximum Special Tax rate that may be levied against each category of Taxable Parcel. The following is a synopsis of the provisions of the Special Tax Formula. See "APPENDIX C - Rate And Method Of Apportionment Of Special Tax" for the complete text of the Special Tax Formula. The meanings of the capitalized terms used in this section (and not otherwise defined) are as set forth in APPENDIX C. Classification of Parcels. At the beginning of each Fiscal Year, each Parcel of Taxable Property will be classified as Developed Property, Undeveloped Property, Public Property or Property Owner's Association Property. Parcels of Developed Property will further be classified as Residential Property or Non-Residential Property. Each Parcel of Residential Property will further be classified in its appropriate Land Use Category based on the Residential Floor Area of that Parcel. Assignment of Maximum Special Tax Rate. The District will then assign each Taxable Parcel a Maximum Annual Special Tax, as follows. Developed Property. The Maximum Special Tax for each Parcel is the greater of the following: (i) the applicable Assigned Special Tax shown in Table I set forth in the Rate and Method, which is (a) from $425 to $500 per dwelling unit for residential property and Co) $3,700 per acre for non-residential property, or 11 (ii) the amount derived by application of the Backup Special Tax, which is determined by multiplying $3,700 by the total Net Taxable Acreage in the Final Map that includes the Parcel, and dividing that amount by the number of Parcels of Taxable Property (i.e., the number of residential lots) within that Final Map. (This calculation will exclude any portion of the total Net Taxable Acreage in the applicable Final Map for which non-residential building permits may be issued.) Undeveloped Property. The Maximum Special Tax for each Parcel is $3,700 per Net Taxable Acre. Public Property and Property Owners Association Property that is not Exempt Property. The Maximum Special Tax for each Parcel is $3,700 per Net Taxable Acre. Annual Apportionment of Special Taxes. Commencing with Fiscal Year 2001-02 (the first Fiscal Year for which the Special Tax will be levied) and for each following Fiscal Year, the City Council will determine the Special Tax Requirement and levy the Special Tax on all Taxable Property until the amount of Special Taxes levied equals the Special Tax Requirement. The "Special Tax Requirement" is defined for any Fiscal Year as the total of (i) Debt Service on all Outstanding Bonds; (ii) periodic costs on the Bonds, including any credit enhancement and rebate payments on the Bonds; (iii) Administrative Expenses; and (iv) any amounts needed to establish or replenish the Reserve Fund to the Reserve Requirement; less a credit for funds available to reduce the annual Special Tax levy as determined under the Indenture. The Special Taxes will be levied each Fiscal Year as follows: · First, the Special Tax will be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. · Second, if additional monies are needed to satisfy the Special Tax Requirement, the Special Tax will be levied Proportionally on each Parcel of Undeveloped Property at up to 100% of the Maximum Special Tax for Undeveloped Property. · Third, if additional monies are needed to satisfy the Special Tax Requirement, the Special Tax to be levied on each Parcel of Developed Property whose Maximum Special Tax is derived by the application of the Backup Special Tax will be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Parcel. · Fourth, if additional monies are needed to satisfy the Special Tax Requirement, the Special Tax will be levied Proportionately on each Parcel of Public Property and Property Owner's Association Property that is not Exempt Property at up to 100% of the Maximum Special Tax. Notwithstanding the above, under no circumstances will the Special Taxes levied against any Parcel of Residential Property be increased by more than 10% per Fiscal year as a consequence of delinquency or default by the owner of any other Parcel of Taxable Property within the District. 12 Prepayment of The Special Tax Obligation. Property owners may prepay and permanently satisfy the Special Tax Obligation on Developed Property by a cash settlement with the District as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: · The District determines that the prepayment of the Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds. No Special Tax prepayment will be allowed unless the Maximum Special Tax that may be levied on all Taxable Parcels other than the Payoff Parcel is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. · Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The prepayment amount will generally equal the parcel's allocated share of Bond debt service, less its allocated share of the amount in the Reserve Fund, plus Debt Service not yet paid for the current year and all fees, call premiums, and expenses incurred by the District in connection with the prepayment, all as set forth in APPENDIX C. Exemptions. The Special Tax Formula defines Tax-Exempt parcels as up to 26.04 Net Taxable Acres of Public Property and Property Owner's Association Property within the District. Exempt Property status will be assigned by the Administrator in the chronological order in which property becomes Public Property and Property Owner's Association Property. After the limit of 26.04 Net Taxable Acres has been reached, the Maximum Special Tax obligation for any additional Public Property and Property Owner's Association Property created within the District will be subject to the levy of the Special Tax as described above. See "BONDOWNERS' RISKS - Exempt Properties". Estimated Maximum Special Tax Proceeds and Debt Service Coverage Ratio For fiscal year 2001-02 (the first year in which Special Taxes will be levied), the annual maximum special tax from the parcels in the District, the maximum annual debt service expected to be due on the Bonds and the resulting debt service coverage ratio are estimated to be as follows: Annual Annual Maximum Maximum Tax Debt Service*- Debt Service (2001-02) (2001432) Coverage Ratio $135,375 $112,040 121% Reserve Fund The Indenture requires that the Fiscal Agent establish and maintain a Reserve Fund in an amount equal to the Reserve Requirement for the Bonds. The Reserve Requirement is defined in the Indenture as an amount equal to the least of: · 10% of the original principal amount of the Bonds, · Preliminary; subject to change. 13 the maximum debt service on the Bonds payable under the Indenture in the current or any future Bond Year, or 125% of average debt service on the Bonds payable under the Indenture in the current or any future Bond Year. The Reserve Requirement will be funded initially from the proceeds of the sale of the Bonds. See "APPENDIX D - Summary Of The Indenture". Delinquent Special Taxes; Covenant To Foreclose Sale of Property for Nonpayment of Taxes. The Indenture provides that the Special Tax is to be collected in the same manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described below and in the Mello-Roos Law, is to be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by the County. Accelerated Foreclosure. Under Section 53356.1 of the Mello-Roos Law, if any payment of the Special Tax for a Taxable Parcel is delinquent, the District may order the institution of a court action to foreclose the lien on the Taxable Parcel within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. The ability of the District to foreclose the lien of delinquent unpaid Special Taxes may be limited in certain instances and may require prior consent of the property owner if the property is owned by or in receivership of the Federal Deposit Insurance Corporation (the "FDIC"). See "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delays." Such judicial foreclosure action is not mandatory. However, the District will covenant in the Indenture to review the public records of the County in connection with the collection of the Special Taxes not later than July 1 of each year to determine the amount of the Special Tax collected in the prior Fiscal Year. The District will send notices of delinquency and commence and diligently pursue to completion judicial foreclosure proceedings against delinquent properties under the following conditions. Individual Parcel Delinquencies. If the District makes either of the following determinations: (a) any single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of $1,500 or more, or (b) any single parcel or parcels under common ownership subject to the Special Tax are delinquent in the payment of Special Taxes in the aggregate of $5,000 or more, then the District will send or cause to be sent a notice of delinquency (and a demand for immediate payment) to the property owner not later than 45 days after making such determination. The District will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than 90 days after such determination against any parcel for which a notice of delinquency was given (as described above) and for which the Special Taxes remain delinquent. Aggregate Parcel Delinquencies. If the District determines that it has collected less than 90% of the Special Taxes levied in a given Fiscal Year, then the District will, not 14 later than 45 days after such determination, send or cause to be sent a notice of delinquency (and a demand for inunediate payment) to the owner of each delinquent parcel (regardless of the amount of such delinquency). The District will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than 90 days after such determination against any parcel for which a notice of delinquency was given (as described above) and for which the Special Taxes remain delinquent. Subject to the maximum rates, the Special Tax Formula is designed to generate fron~ all non-exempt property within the District the current year's debt service, administrative and other expenses, and replenishment of the Reserve Fund to the Reserve Requirement. However, if foreclosure proceeding are necessary, and the Reserve Fund has been depleted, there could be a delay in payments to Bondowners pending prosecution of the foreclosure proceedings and receipt by the District of the proceeds of the foreclosure sale. Priority of Lien. The Mello-Roos Law specifies that the Special Tax will have the same lien priority as ad valorem property taxes in the case of delinquency but does not further specify the priority relationship, if any, between the Special Tax and other special taxes and ad valorera taxes on a taxed parcel. The District (and other jurisdictions) may levy additional special taxes to finance other infrastructure needed for the development of the property in the District. See "CUMULATIVE TAX, ASSESSMENT AND FEE BURDEN ON PROPERTY ". If foreclosure proceedings were ever instituted, any holder of a mortgage or deed of trust on the affected property could, but would not be required to, advance the amount of the delinquent Special Tax payment to protect its security interest. Sufficiency of Foreclosure Sale Proceeds. No assurances can be given that the real property subject to a judicial foreclosure sale will be sold or, if sold, that the proceeds of sale will be sufficient to pay any delinquent Special Tax installment. The Mello-Roos Law does not require the District to purchase or otherwise acquire any lot or parcel of property foreclosed upon if there is no other purchaser at such sale. Section 53356.6 of the Mello-Roos Law requires that property sold pursuant to foreclosure under the Mello-Roos Law be sold for not less than the amount of judgment in the foreclosure action, plus post-judgment interest and authorized costs, unless the consent of the owners of 75% of the outstanding Bonds is obtained. No Issuance of Additional Indebtedness The District will covenant in the Indenture that it will not issue any other obligations payable from the Special Taxes which have (or purport to have) any lien upon the Special Taxes superior to or on a parity with the lien of the Bonds. However, the District may issue and sell refunding bonds or other refunding obligations payable from and having a first lien on the Special Taxes on a parity with the Outstanding Bonds so long as the issuance of such refunding bonds or other refunding obligations results in a reduction in the combined Annual Debt Service on the Bonds and such refunding bonds or other refunding obligations. 15 DISTRICT MAP 16 THE DISTRICT General Description And Location Of The District The District is located in the Etiwanda community, located in the eastern portion of the City, and consists of approximately 62 gross acres known as South Etiwanda, which is bordered by Foothill Boulevard to the south, Interstate 15 on a diagonal to the north and west, East Avenue to the east and Etiwanda Avenue to the west, and is intersected by Miller Avenue. The District is generally surrounded by a commercial development and several existing residential neighborhoods to the south, and undeveloped and residential property and various master- planned residential communities to the west, north and east. The site has access from both Interstate 10 and Interstate 15. The City is located in the foothills of the Los Angeles-San Bernardino Basin in the western portion of San Bernardino County (the "County"), approximately 40 miles east of the City of Los Angeles and 18 miles west of the City of San Bernardino. See "DISTRICT MAPS" above and APPENDIX H - General Information About the City of Rancho Cucamonga. The property in the District is intended for residential uses. Environmental Conditions Environmental Review under CEQA. The City prepared an environmental study and adopted a mitigated negative declaration under the California Environmental Quality Act CCEQA") on August 14, 1996, in connection with approving the tentative tract map for the property in the District. The negative declaration concluded that the development would not have a significant effect on the environment and that any potentially significant effects would be mitigated. No additional discretionary approvals are required for the proposed development in the District that would require additional environmental review by the City under CEQA. Environmental Site Assessment. Bryan A. Stirrat & Associates of Diamond Bar, California prepared an Expanded Phase I Environmental Site Assessment dated February 1992. This assessment report was prepared for a predecessor owner to the current Property Owners, who have represented that the assessment report found no potential environmental conditions that would prevent the development of the property in the District, and that no environmental conditions have been discovered that have adversely affected the development process. Geotechnical Study. RMA Group of Rancho Cucamonga, California prepared a Geotechnical Engineering Investigation dated January 16, 1997, for tentative Tract 15711. The investigation concluded that the proposed development is geotechnically feasible (provided the recommendations contained in the report are fully implemented during grading and construction); that the site is not within the boundaries of a special studies zone for seismic faults and no faults are known to pass through the property, meaning that the possibility of surface fault rupture on the site is considered unlikely; and that the potential for secondary seismic hazards at the site is considered to be low. The RMA Group investigation was reviewed as of November 1, 1999 by G.A. Nicoll and Associates, Inc., of Irvine, California, who concurred with the findings, conclusions and recommendations in the RMA Group investigation. Facilities To Be Financed With The District Bonds 17 Bonds are intended to provide partial financing for the acquisition and construction of the Facilities, which are generally defined as street, sewer, water, storm drain, landscaping and park improvements within or serving or required as a condition of development of the District as are permitted to be financed by the District. The Facilities to be financed with the Bonds are anticipated to consist of all or a portion of storm drainage improvements serving the District. The balance of the Facilities will be financed by the Property Owners. In addition, the Property Owners are responsible for constructing and financing other subdivision improvements as a condition to the development of the property in the District. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT - Infrastructure Development and Financing Plan." The following table summarizes the estimated sources and uses of funds to construct the Facilities. TABLE 3 City of Rancho Cucamonga, Community Facilities District No. 2000-01 (South Etiwanda) Estimated Facilities Costs and Sources of Funding FACILFrIES COSTS Total Master Plan Storm Drain Facility $1,720,104 Street Improvements on Garcia 369,834 Street Improvements on Doletto 223,074 Street Improvements on Via Vento Drive 110,724 Street Improvements on Lorie Valley 23,880 Widening Etiwanda Ave. (Miller Ave. south to 378,518 project boundary) Widening of Miller Ave. (Etiwanda Ave. east to 274,973 East St) Sewer Improvements 1,037,329 Water Improvements 1,160.011 Total Costs $5,298,447 FUNDING SOURCES Bond proceeds Property Owners' contribution Total Sources Source: Pacific Communities Builder, Inc. $5,298,447 The cost of the Facilities will include the attributable costs of engineering, design, planning and coordination, together with the expenses related to the issuance and sale of the Bonds, including underwriter's discount, appraisals, reserve fund, capitalized interest, Bond Counsel, Special Tax Consultant, Bond and Official Statement printing and all other incidental expenses. The Facilities will be constructed by RC Homes and acquired by the City and CCWD (the water and sewer improvements only) under an Acquisition/Financing Agreement by and between the City and RC Homes dated as of November 1, 2000, under which RC Homes will be reimbursed for the costs of the Facilities. 18 Market And Absorption Analysis A Market Absorption Study (the "Absorption Study") dated September 2000 was prepared by Empire Economics LLC of Capistrano Beach, California. The purpose of the Absorption Study was to provide an estimate of the probably absorption schedules for the homes to be constructed on the property in the District. The Absorption Study was based on certain assumptions and limiting conditions set forth in APPENDIX B, including the assumptions that necessary public infrastructure, services and utilities will be provided to the property in a timely manner to permit development as anticipated; that the Property Owners will respond to market conditions with products that are competitively priced and have features and amenities that are desired by prospective purchasers; and that the Property Owners and their lenders have sufficient financial strength to fund the development of the property in the District, including the payment of the Special Taxes. The Absorption Study concluded that, as a whole, the 278 residential units proposed for the District would be absorbed by the end of 2003, at an average annual absorption rate of approximately 93 units, as follows: 2001 88 units 2002 97 units 2003 93 units A sununary of the Absorption Study is attached as APPENDIX B. Appendix B does not purport to be definitive or complete and is qualified in its entirety by reference to the complete Absorption Study, a copy of which is available from the City. The City and the District make no representation as to the accuracy or completeness of the Absorption Study. Appraisal Of Parcels Within The District General. An appraisal entitled "Summary Appraisal Report - Complete Appraisal, Community Facilities District No. 2000-01 (South Etiwanda ) dated October 25, 2000 (the "Appraisal") was prepared by Bruce W. Hull & Associates, Inc. of Ventura, California (the "Appraiser") to ascertain the market value of the fee simple estate of the property in the District as of October 2, 2000. The Appraisal was intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report and with the California Debt and Investment Advisory Commission Appraisal Standards for Land Secured Financing. Basis for Appraisal and Assumptions. The property was valued on an "as is" basis (as described in the Appraisal), subject to easements of record and to the lien of the Special Taxes. The estate valued was the fee simple estate. The Appraisal was based on certain assumptions and limiting conditions set forth in APPENDIX A, including the assumption that all of the improvements and benefits to the property to be funded by the Bonds are completed and in place. In this case, a significant portion of the improvements to be financed by the Bonds have been completed by the Property Owners. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT." As of the October 2, 2000 date of value, the remaining site development costs were estimated by the Appraiser to be $4,383,306 for the RC Homes Property and $2,790,622 for the Palmdale Summit Property. 19 As of the October 2, 2000 date of value, 160 (out of 191) lots had been finished on the RC Homes Property, with 7 model homes and 24 production homes under construction, and the 87 lots on the Palldale Summit Property had been mass graded. Value Estimates. The Appraiser estimated that, as of October 2, 2000, the fee simple interest in the property within the Community Facilities District (subject to the lien of the Special Taxes) had the following market values: Palldale Summit Property RC Homes Property Total $ 4,300,000 12,330,000 $16,630,000 Valuation Methods. The Appraiser used the Sales Comparison Approach, which analyzes the market for similar properties, less the remaining costs to bring each parcel to "finished lot" condition. In addition, a discount factor of 12% was applied to the Palmdale Summit Property to account for processing and other risks associated with bringing the property to "finished lot" conditions. The Appraisal is attached as APPENDIX A. The City and the District make no representation as to the accuracy or completeness of the Appraisal. Value to Lien Ratio The following table shows the bonded indebtedness liens to which the property in the District is subject, the value of the property in the District as set forth in the Appraisal, and the ratio of property value to bonded indebtedness. No assurance can be given that the appraised values and amounts shown in this table will conform to those ultimately realized. TABLE 4 City of Rancho Cucamonga, Community Facilities District No. 2000-01 (South Etiwanda) Value-To-Lien Ratios CFD 2000-01 Bonds* Total Lien* Appraised Value I21 Value-to-Lien Ratio* RC Homes Palmdale Summit Proper.ty Proper.~ TQtal 12,330,000 4,300,000 16,630,000 * Preliminary; subject to change. [1] See "CUMULATIVE TAX, ASSESSMENT AND FEE BURDEN ON PROPERTY". [2] Market value estimated by the Appraiser as of October 2, 2000. Source: Willdan/Munifinancial. 20 Cumulative Tax, Assessment And Fee Burden On Property In addition to paying the Special Tax, property owners within the District will be obligated to pay ad valorem property taxes and other existing and any additional special taxes, assessments, and fees (some of which secure other debt issued by the City and overlapping jurisdictions). Under the City's "Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982" (the "Goals and Policies") adopted on July 21, 1999, projected special taxes, when added to the existing ad valorem property tax and other direct and overlapping debt for any parcel within a community facilities district, may not exceed 2% of the projected assessed value of each improved parcel within the district upon completion of improvements to the parcel. The following table (i) sums the general property tax, school district and water agency general obligation bond tax, and estimated assessments and special taxes affecting the property in the District, and (ii) calculates the burden of those taxes and assessments as a percentage of the estimated sales price of a typical unit of single family housing in the District (which would equal the newly assessed value following the parcel's acquisition by an end user). The table shows that, consistent with the City Policies and Procedures, the projected tax, assessment and fee burden is less than 2%. Note that the table does not include assessments or special taxes that may be levied in the future. 21 TABLE 5 City of Rancho Cucamonga, Community Facilities District No. 2000-01 (South Etiwanda) Analysis Of Taxes And Assessments As A Percent Of Single Family Unit Sales Price (Fiscal Year 2000-01) Estimated Housing Price of Typical Unit [1 ] $ 238,500 Existing and Proposed Taxes & Assessments Ad Valorem Special Taxes General Property Tax (1.0%) 2,488 Special Assessments/Taxes for Infrastructure Etiwanda School District CFD 7 CFD 2000-1 Subtotal [762]* 1,262 Special Assessments/Taxes for Services Rancho Cucamonga CFD 85-1 (Fire Protection) Street Lighting Maintenance District No. 1 Street Lighting Maintenance District No. 8 Landscape Maintenance District No. 9 Subtotal 113 18 193 700 TOTAL ESTIMATED TAX BURDEN [$4,450]* Taxes [2] [31 Source: & Assessments as % of Sales Price [1.87%]* Preliminary; subject to change. Estimated sales price for a typical unit provided by Pacific Communities Builder, Inc. Property tax includes 1% ad valorem property tax (including the $7,000 homeowners' property tax exemption) and debt service for Chaffey Union High School District, Cucamonga County Water District and Metropolitan Water District. Represents the lien of the Special Taxes. Wi]ldan/Munifinancial. The overlapping assessment districts and community facilities districts affecting the property in the District are further described below. CFD 85-1 Foothill Fire Protection District. The property in the District is in the process of being annexed into CFD 85-1, which is expected to occur by the end of January 2001. This community facilities district was formed to finance operations, maintenance and repair activities carried out by employees of the Rancho Cucamonga Fire Protection District to provide fire protection and suppression services. Special taxes are levied annually only on developed parcels at a flat rate per acre plus a rate per building square foot (which can be reduced by $0.01 per building square foot if building has fire sprinkler system). The special tax may be increased annually to reflect the CPI index. Rates for residential property are $112.90 per trait per year. Landscape Maintenance District No. 9. A pay-as-you-go assessment levied annually only on developed parcels at a rate of $376 per unit per year. 22 Street Lighting Maintenance District No. 1. An annual pay-as-you-go assessment used to finance maintenance and energy costs for all major street lights and signals. Assessments are levied annually only on developed parcels at a rate of $18 per unit per year. Street Lighting Maintenance District No. 8. An annual pay-as-you-go assessment used to finance annual maintenance and energy costs of street lights and signals. Assessments are levied only on developed parcels at a rate of $193 per unit per year. 23 OWNERSHIP OF PROPERTY WITHIN THE DISTRICT Unless otherwise indicated, the information about the property owners in the District contained in this Official Statement has been provided by representatives of the respective property owners. The information has been provided by sources that are believed by the Underwriter, the District and the City to be reliable, but has not been independently confirmed or verified by either the Underwriter, the District or the City. No representation is made by the Underwriter, the District or the City as to the accuracy or adequacy of such information or as to the absence of material adverse changes in such information subsequent to the date of this Official Statement, or that the information given below or incorporated herein by reference is correct as of any time subsequent to its date. Property Owners. The current owners of the property within the District (collectively, the "Property Owners") are Palmdale Summit, a California Limited Partnership ("Palmdale Summit") and RC Homes, LLC, a California limited liability company ("RC Homes"). Both are affiliates of Pacific Communities Builder, Inc. ("Pacific Communities"), and are further described below. The estimated share of Special Taxes shown below for each parcel was calculated based on the development status of the property as October 2, 2000 (the date of value used in the Appraisal). Estimated Tract Gross Share of Owner Numbers Acreage [1 ] Special Tax Palmdale Summit 15711 18.39 29.17% RC Homes, LLC 15711-1 44.65 70.83 15711-2 TOTAL 63.04 100 % Palmdale Summit. Palmdale Summit was originally formed in 1993. Its limited partners are Pacific Communities, Nelson Chung and a number of individuals, and its sole general partner is Pacific Communities. RC Homes. RC Homes was formed in 1998. Its members are Nelson Chung and a number of other individuals, and its sole manager is Pacific Communities, which controls the business and affairs of the company. Pacific Communities. Pacific Communities is a California corporation formed in 1991 and has acted as developer and home builder throughout southern California. Its headquarters are located at 1000 Dove Street, Suite 100, Newport Beach, California 92660. Peter Lin, Chairman of the Board, has over 15 years' experience in real estate investment in the United States, as well as development experience in Taiwan. Mr. Lin also serves as president of Golden Coast Investment, Inc. and as a principal of Yu-Ji Construction, Inc. of Taiwan. Nelson Chung, President, received a degree in planning and architecture from the Harvard University Graduate School of Design, and has been associated with the firms Richard- Nagy-Martin and Corbin Yamafuji & Partners in California. He has also been a principal with the Recreactions Group of Companies. For further information on Pacific Communities see its Internet homepage located at www.pacificcommunities.com. 24 History of Property Tax Payments; Loan Defaults; Bankruptcy; Litigation. Pacific Communities represents that neither it nor any entity in which it has an ownership interest has ever been delinquent in the payment of any ad valorem property tax, special assessment or special taxes. Pacific Communities also represents that neither it nor any entity in which it has an ownership interest is in default on any loans, lines of credit or other obligation related to the development in the District or any of its other projects. Pacific Communities represents that it, its shareholders and their related entities have never filed bankruptcy or been declared bankrupt. Pacific Communities also represents that there is no litigation of any nature in which Pacific Conu~unifies or any of the other Property Owners has been served, or to its knowledge, is pending or threatened, which if successful, would materially adversely affect the ability of Pacific Communities and the other Property Owners to complete the improvements within the District on a timely basis or to pay the Special Tax or ad valorem tax obligations when due on the property within the District. Other Projects Undertaken by Pacific Communities. Other residential developments completed or under development by Pacific Communities or its affiliates or principals in California include the following: 25 PrOject Summit Renaissance San Juan Hills Pelican Hill / Newport Coast Placentia Ridge Pointe Waterfall Manors Mission Point Pacific Arroyo Pacific Discovery Pacific Collections Lake Pointe Estate Pacific Oaks The Green Royal Oaks Crystal Springs Glen Oak Newport Estates Victorville 1 Victorville l] Number of Median Completion Location Units Square Feet Median Price Date Anaheim Hills 161 1,193 165,000 1993 San Juan 154 1,825 194,950 1995 Capistrano Newport Beach 4 6,250 2,500,000 1998 Placentia 402 1,475 $147,500 1997 West Covina 87 1,850 200,000 1997 Rowland Heights 140 3,050 350,000 1999 Oceanside 134 1,564 180,000 2000 Moorpark 284 2,200 250,000 2003 Palmdale 159 2,000 150,000 2003 Palmdale 158 2,300 160,000 200I Palmdale 58 3,200 300,000 2003 Murrieta 230 2,500 200,000 2002 Rowland Heights 21 4,000 400,000 2001 Simi Valley 53 2,400 280,000 2002 Beaumont 99 1,600 110,000 2002 Sun Valley 43 1,950 205,000 2000 Menifee est 887 est 2,250 est 160,000 2005 Victorville est 1,200 N/A N/A est 2010 Victorville est 300 N/A N/A est 2010 Pacific Ranch Fontana 140 2,197 170,000 2001 Pacific Green Hemet 158 2,280 160,000 2002 Pacific Grove Fontana 55 2,000 169,000 2~11 Pacific Landing Perris 74 2,000 149,000 2002 Pacific Cove Oxnard 120 2,400 270,000 2002 San Juan Hills San Juan 132 1,825 350,000 2004 Capistrano Pacific Park West Covina 57 2,000 280,000 2002 26 PROPOSED DEVELOPMENT WITHIN THE DISTRICT Infrastructure Development and Financing Plan. RC Homes is constructing all infrastructure needed to develop the property, which consists of the Facilities to be financed with the proceeds of the Bonds and other storm drain, street, sewer and water improvements. All of these infrastructure improvements will be conveyed to the City or the Water District, as applicable, following their completion. See "THE DISTRICT - Facilities to be Financed with the District Bonds." All infrastructure construction is anticipated to be completed by approximately the fourth quarter of 2001. Total estimated infrastructure costs are set forth below. Improvement Type Authorized Facilities to be Owned by the City Other Infrastructure, fees and completion bonds Amount Remaining Total Anticipated to be Spent as of Source of funds Cost October 2, 2000 Bond proceeds and Property Owner $5,298,447 '0- contribution Property Owner contribution 7,781,633 7,173,928 TOTAL $13,080,080 $7,173,928 [~] [2l Represents the Facilities authorized to be financed by the District, which are described above. See "THE DISTRICT - Facilities to be Financed with the District Bonds." Of this amount, approximately $4.7 million represents fees and completion bonds. The Property Owners have financed infrastructure development and construction through a $25 million revolving line of credit provided by Cathay Bank, which is secured by a deed of trust against all of the property in the District. This line of credit also provided financing for approximately half of the property owners' land acquisition costs. As of November 2, 2000, $17,516,106 of the total line of credit amount was outstanding. Residential Property Development and Financing Plan. The land in the District is presently zoned to permit the planned development, and tentative tract maps have been approved for all of the property. The Property Owners are currently planning to develop their respective property in the District as set forth below. 27 TABLE 6 City of Rancho Cucamonga, Community Facilities District No. 2000-01 (South Etiwanda) Proposed Property Development Summary Proposed Home No. of Proper.ty No. of Square Model Price Final Map Homes Footage Types Range Approval Palmdale 87 1,938 to 3 235,000 to Est. October 2001 Summit 3,216 275,000 RC Homes 191 1,759 to 7 215,000 to July 2000 3,216 275,000 TOTAL 278 Source: Pacific Communities Palmdale Summit Property. The property owned by Palldale Summit (the "Palmdale Summit Property") is currently subject to and is intended to be developed in accordance with Tentative Tract Map 15711. Palmdale Summit anticipates that the final tract map will be approved by October 2001. Palmdale Summit has completed grading on the property, and intends to transfer the property to RC Homes for home construction once the final Tract Map has been approved. The model homes being constructed for the RC Homes Property will be used in marketing homes on the Palmdale Summit Property. Palldale Summit anticipates that development will proceed as follows: Finish Site Begin Home Finish Home First Home Improvements Construction Construction Closings March 2002 March 2002 Aug. 2003 Sept. 2002 RC Homes Property. The property owned by RC Homes (the "RC Homes Property") is currently subject to and is intended to be developed in accordance with Final Tract Maps 15711- 1 and 15711-2. RC Homes has completed grading and begun site improvements and home construction on the property, and anticipates that development will proceed as follows: Finish Site Begin Home Finish Home Open Model First Home Improvements Construction Construction Homes Closings Feb. 2001 May 2000 June 2002 Dec. 2000 Feb. 2001 As of November 2, 2000, approximately 85% of the 191 residential lots had been completed, and construction was underway on 7 model homes (which were approximately 90% complete) and 24 production homes (which were approximately 40% complete). Additional Approvals Required. The sole remaining entitlement required to complete the development of the property in the District is the issuance of a final Tract Map for the Palldale Summit Property, which is expected to occur by October 2001. Other than this tract map, and the completion of the improvements to be funded by the Bonds and other general constraints on development in the District as described elsewhere in this Official Statement, the Property Owners know of no unique circumstances that would either prevent the completion of the planned development in the District or would significantly delay its completion. 28 Home Construction Financing Plan. The Property Owners have obtained home construction financing from the $25 million revolving line of credit provided by Cathay Bank (proceeds of which also were used to pay a portion of the land acquisition price and are being used to finance infrastructure construction), which is secured by a deed of trust against all of the property in the District. As of November 2, 2000, $17,516,106 of the total line of credit amount was outstanding. The Property Owners have financed and intends to finance all carrying costs for the property, including the payment of all impact and in-lieu fees and the payment of the Special Tax, through a combination of construction loan proceeds (from the $25 million Cathay Bank revolving line of credit) and home sales proceeds. Reserved Mineral Rights. According to the title policies obtained by RC Homes in connection with its acquisition of the property, portions of the RC Homes Property were acquired subject to recorded reservations of oil, gas and other mineral rights, all of which expressly provided that the owner of the mineral rights has no right to enter or use the surface. RC Homes anticipates that the existence of these reserved mineral rights will not affect the financing of the proposed development of the property within the District, the subdivision improvements to or home development on the property, or the sales of finished homes to residential owners. Utilities. All utility services for the property are currently available. Utility services will be provided by Cucamonga County Water District (water and sewer), the County of San Bernardino and the City (storm water), Southern California Edison (electricity), and Verizon (telephone). Taxes. Taxes and assessments on the property in the District are current. 29 BONDOWNERS' RISKS The following is a discussion of certain risk factors that should be considered, in addition to other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. This discussion does not purport to be comprehensive or definitive. The occurrence of one or more of the events discussed in this Official Statement could adversely affect the ability or willingness of property owners in the District to pay their Special Taxes when due. Such failures to pay Special Taxes could result in a rapid depletion of the Bond Reserve Fund and/or a default in payments of the principal of, and interest on, the Bonds. In addition, the occurrence of one or more of the events discussed in this Section could adversely affect the value of the property in the District. Not A General Obligation Of The District or The City The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from proceeds of the Special Tax and proceeds of the Bonds, including amounts in the Bond Reserve Fund and investment income on funds held under the Indenture (other than as necessary to be rebated to the United States of America). Levy Of The Special Tax The principal source of payment of debt service on the Bonds is the proceeds of the annual levy and collection of the Special Tax. The annual levy of the Special Tax is subject to the maximum tax rates authorized. The levy cannot be made at a higher rate even if the failure to do so means that the estimated proceeds of the levy and collection of the Special Tax, together with other available funds, will not be sufficient to pay debt service on the Bonds. Other funds that might be available to pay debt service on the Bonds include funds derived from the payment of delinquent special taxes and funds derived from the foreclosure and sale of parcels on which the special taxes levied are delinquent. The levy of the Special Tax will rarely, if ever, result in a uniform relationship between the value of the Taxable Parcels and the amount of the levy of the Special Tax. Thus, there will rarely, if ever, be a uniform relationship between the value of a parcel and the proportionate share of Bond debt service levied on the parcel, and certainly not a direct relationship. The Special Tax levied in any particular tax year on a Taxable Parcel is based upon the application of the Special Tax Formula. Application of the Special Tax Formula will, in turn, be dependent upon certain development factors with respect to each Taxable Parcel by comparison with similar development factors with respect to the other Taxable Parcels within the District. Thus, the following are some of the factors that might cause the levy of the Special Tax on any particular Taxable Parcel to vary from the Special Tax that might otherwise be expected: (i) Reduction in the number of Taxable Parcels, for such reasons as acquisition of Taxable Parcels by a government and failure of the government to pay the Special Tax based upon a claim of exemption, thereby resulting in an increased tax burden on the remaining Taxable Parcels; and (il) Failure of the owners of Taxable Parcels to pay the Special Tax and delays in the collection of or inability to collect the Special Tax by tax sale or foreclosure and sale of the delinquent parcels, thereby resulting in an increased tax burden on the remaining parcels. 30 Exempt Properties Certain properties are exempt from the Special Tax in accordance with the Special Tax Formula. In addition, the Mello-Roos Law provides that properties or entities of the state, federal or local governments are exempt from the Special Tax; provided, however, that property within the District acquired by a public entity through a negotiated transaction, or by gift or devise, that is not otherwise exempt from the Special Tax under the Special Tax Formula, will continue to be subject to the Special Tax. Therefore, it is possible that property acquired by a public entity following a tax sale or foreclosure based upon failure to pay taxes could become exempt from the Special Tax. In addition, the Mello-Roos Law provides that i/property subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation to pay the Special Tax with respect to that property, for outstanding Bonds only, is to be treated as if it were a special assessment. The constitutionality and operation of these provisions of the Mello~Roos Law have not been tested. See "SECURITY FOR THE BONDS - The Special Tax". In particular, insofar as the Mello-Roos Law requires payment of the Special Tax by a federal entity acquiring property within the District, it may be unconstitutional. If for any reason property within the District becomes exempt from taxation by reason of ownership by a nontaxable entity such as the federal government, another public agency or a religious organization, subject to the limitation of the maximum rate, the Special Tax will be reallocated to the remaining taxable properties within the District. This would result in the owners of such property paying a greater amount of the Special Tax and could have an adverse impact upon the timely payment of the Special Tax. Moreover, if a substantial portion of land within the District becomes exempt from the Special Tax because of public ownership, or otherwise, the maximum rate that could be levied upon the remaining acreage might not be sufficient to pay principal of and interest on the Bonds when due and a default would occur with respect to the payment of such principal and interest. The Mello-Roos Law further provides that no other properties or entities are exempt from the Special Tax unless the properties or entities are expressly exempted in a resolution of consideration to levy a new special tax or to alter the rate or method of apportionment of an existing special tax. Collection Of The Special Tax The District has no obligation to pay debt service on the Bonds in the event Special Tax installments are delinquent, nor is the District obligated to advance funds to pay such debt service. The Indenture provides that the Special Tax is to be collected in the same manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described below and in the Mello-Roos Law, is to be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by the County. Under the Mello-Roos Law, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a superior court action to foreclose the lien therefor in the amount of the delinquent Special Taxes plus penalties, interest, and costs (including attorney's fees) within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. Such judicial foreclosure action is not mandatory. However, the District has covenanted to cause foreclosure 31 proceedings to be commenced and prosecuted against those properties that are delinquent in the payment of the Special Tax. For a description of the foreclosure covenant, see "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant To Foreclose". In the event that sales or foreclosures of property are necessary, there could be a delay in payment of the Bonds pending such sales or the prosecution of foreclosure proceedings and receipt by the District of the proceeds of sale if the Bond Reserve Fund is depleted. In addition, there can be no assurance that the sale of delinquent parcels in foreclosure will produce sufficient proceeds to cover delinquencies. Not A Personal Obligation An owner of Taxable Parcels is not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation only against the Taxable Parcels. If the value of the Taxable Parcels is not sufficient, taking into account other obligations also payable thereby to fully secure the Special Tax, the District has no recourse against the property owner. Concentration Of Property Ownership As of the date of this Official Statement, the two Property Owners are the sole owners of the property in the District subject to the Special Taxes. Although the Property Owners have begun to develop the property and construct homes on the property for sale to end users, there can be no assurance that the property development and construction, and home sales to end users, will occur on the schedule currently anticipated. Failure of the Property Owners or any future owner of significant property subject to the Special Taxes in the District to pay installments of Special Taxes when due could cause the depletion of the Reserve Fund prior to reimbursement from the resale of foreclosed property or payment of the delinquent Special Tax and, consequently, result in the delinquency rate reaching a level that would cause an insufficiency in collection of the Special Tax to meet the District's obligations under the Indenture. For a description of the Property Owners, see "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT." In that event, there could be a delay or failure in payments on the Bonds. See "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delays" and "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant To Foreclose". Parity Taxes And Special Assessments The Special Taxes and any penalties thereon will constitute a lien against the lots and parcels of land on which they will be annually imposed until they are paid. Such lien is on a parity with all special taxes and special assessments levied by other agencies and is co-equal to and independent of the lien for general property taxes regardless of when they are imposed upon the same property. The Special Taxes have priority over all existing and future private liens imposed on the property. However, the District has no control over the ability of other entities and districts to issue indebtedness secured by special taxes or assessments payable from all or a portion of the property within the District. If any additional improvements or fees are financed by an assessment district or another district formed under the Mello-Roos Law, any taxes or assessment levied to finance such improvements will have a lien on a parity with the lien of the Special Tax. For information concerning existing direct and overlapping public indebtedness within the District, see "THE DISTRICT - Cumulative Tax, Assessment, And Fee Burden On Property". The existence of general property taxes, other special taxes, and assessments may reduce the 32 value-to-debt ratio of the affected parcels and increases the possibility that foreclosure proceeds will not be adequate to pay delinquent Special Taxes or the principal of and interest on the Bonds when due. The District has covenanted that it will not issue additional bonds having a lien upon the Special Taxes superior to or on a parity with the lien of the Bonds. Land Values and Development The value of Taxable Parcels within the District is a critical factor in detern~ining the investment quality of the Bonds. If a property owner defaults in the payment of the Special Tax, the District's only remedy is to foreclose on the delinquent property in an attempt to obtain funds with which to pay the delinquent Special Tax. Land values could be adversely affected by economic factors beyond the District's control, such as relocation of employers out of the area, stricter land use regulations, the absence of water, or destruction of property caused by, among other eventualities, earthquake, flood or other natural disasters, or by environmental pollution or contamination. In addition, a major risk to Bondowners is that development by the owners of property in the District may be subject to unexpected delays, disruptions and changes that may affect the willingness and ability of the property owners to pay Special Taxes when due. Land Development. Land values are influenced by the level of development in the area in many respects. First, partially developed land is generally less valuable than developed land and provides less security to the owners of the Bonds should it be necessary for the District to foreclose on undeveloped property due to the nonpayment of Special Taxes. Moreover, failure to complete development on a timely basis could adversely affect the land values of those parcels that have been completed. Lower land values would result in less security for the payment of principal of and interest on the Bonds and lower proceeds from any foreclosure sale necessitated by delinquencies in the payment of the Special Tax. A significant number of parcels in the District are currently undeveloped. No assurance can be given that the unimproved property within the District will be developed, and in assessing the investment quality of the Bonds, prospective purchasers should evaluate the risks of noncompletion. Risks of Real Estate Investment Generally. Continuing development of land within the District may be adversely affected by changes in general or local economic conditions, fluctuations in the real estate market, increased construction costs, development, financing and marketing capabilities of individual property owners, water shortages and other similar factors. Development in the District may also be affected by development in surrounding areas, which may compete with the District. In addition, land development operations are subject to comprehensive federal, state and local regulations, including environmental, land use, zoning and building requirements. There can be no assurance that proposed land development operations within the District will not be adversely affected by future government policies, including, but not limited to, governmental policies to restrict or control development, or future growth control initiatives. See "CONCLUDING INFORMATION - Litigation". There can be no assurance that land development operations within the District will not be adversely affected by these risks. The District has not evaluated development risks. Since these are largely business risks of the type that property owners customarily evaluate individually, and inasmuch as changes in land ownership may well mean changes in the evaluation with respect to any particular parcel, the District is issuing the Bonds without regard to any such evaluation. Thus, the creation of the District and the issuance of the Bonds by the District in no way implies that the District has evaluated these risks or the reasonableness of these risks even though such risks may be serious and may ultimately halt or slow the progress of land development and forestall the realization of Taxable Parcel values. 33 Natural Disasters. The value of the Taxable Parcels in the future can be adversely affected by a variety of natural occurrences, particularly those that may affect infrastructure and other public improvements and private improvements on the Taxable Parcels and the continued habitability and enioyment of such private improvements. For example, although the District believes that no active or inactive seismic fault lines pass through, or near, the District, the areas in and surrounding the District, like those in much of California, may be subject to unpredictable seismic activity. Other such occurrences could include, without limitation, landslides, floods, droughts, and tornadoes. One or more of such natural disasters could occur and could result in damage to improvements of varying seriousness. The damage may entail significant repair or replacement costs and that repair or replacement may never occur either because of the cost, or because repair or replacement will not facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under any of these circumstances there could be significant delinquencies in the payment of Special Taxes, and the value of the Taxable Parcels may well depreciate or disappear. Legal Requirements. Other events that may affect the value of a Taxable Parcel include changes in the law or application of the law. Such changes may include, without limitation, local growth control initiatives, local utility connection moratoriums and local application of statewide tax and governmental spending limitation measures. Development in the District may also be adversely affected by the application of laws protecting endangered or threatened species. See "CONCLUDING INFORMATION - Litigation". Hazardous Substances. One of the most serious risks in terms of the potential reduction in the value of a Taxable Parcel is a claim with regard to a hazardous substance. In general, the owners and operators of a Taxable Parcel may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as "CERCLA" or the "Superfund Act," is the most well-known and widely applicable of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the Taxable Parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as is the seller. The values set forth in the Appraisal do not take into account the possible reduction in marketability and value of any of the Taxable Parcels by reason of the possible liability of the owner or operator for the remedy of a hazardous substance condition of the parcel. Although the District is not aware that the owner or operator of any of the Taxable Parcels has such a current liability with respect to any of the Taxable Parcels, it is possible that such liabilities do currently exist and that the District is not aware of them. Further, it is possible that liabilities may arise in the future with respect to any of the Taxable Parcels resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but that has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently on the parcel of a substance not presently classified as hazardous but that may in the future be so classified. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. All of these possibilities could significantly affect the value of a Taxable Parcel that is realizable upon a delinquency. 34 Disclosures To Future Purchasers The willingness or ability of an owner of a Taxable Parcel to pay the Special Tax even if the value is sufficient may be affected by whether or not the owner was given due notice of the Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and the risk of such a levy and, at the time of such a levy, has the ability to pay it as well as pay other expenses and obligations. The District has caused a notice of the Special Tax to be recorded in the Office of the Recorder for the County against each Taxable Parcel. While title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the purchase of a property within the District or lending of money thereon. The Mello-Roos Law requires the subdivider (or its agent or representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a Mello-Roos special tax of the existence and maximum amount of such special tax using a statutorily prescribed form. California Civil Code Section 1102.6b requires that in the case of transfers other than those covered by the above requirement, the seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by a purchaser or lessor to consider or understand the nature and existence of the Special Tax, could adversely affect the willingness and ability of the purchaser or lessor to pay the Special Tax when due. Bankruptcy and Foreclosure Delays General. The payment of the Special Tax and the ability of the District to foreclose the lien of a delinquent unpaid tax, as discussed under "SECURITY FOR THE BONDS," may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the State of California relating to judicial foreclosure. In addition, the prosecution of a foreclosure action could be delayed due to crowded local court calendars or delays in the legal process. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankn~ptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases. Although bankruptcy proceedings would not cause the lien of the Special Tax to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure proceedings. The federal bankruptcy laws provide for an automatic stay of foreclosure and tax sale proceedings, thereby delaying such proceedings, perhaps for an extended period. Any such delays would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds and the possibility of delinquent tax installments not being paid in full. To the extent that bankruptcy or similar proceedings were to involve a large property owner, the chances would increase the likelihood that the Bond Reserve Fund could be fully depleted during any resulting delay in receiving payment of delinquent Special Taxes. As a result, sufficient monies would not be available in the Bond Reserve Fund for transfer to the Bonds Redemption Account to make up any shortfalls resulting from delinquent payments of the Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. 35 Property Owned by the FDIC. The ability of the District to foreclose upon the lien relating to property on which Special Taxes have not been paid may be limited in certain respects with regard to properties in which the Federal Deposit Insurance Corporation (the "FDIC") has an interest. On November 26, 1996, the FDIC adopted a Statement of Policy Regarding the Payment of State and Local Property Taxes (the "Policy Statement") (which superseded a prior statement issued by the FDIC and the Resolution Trust Corporation in 1991). The Policy Statement applies to the FDIC when it is liquidating asset in its corporate and receivership capacities. The Policy Statement provides, in part, that owned real property of the FDIC is subject to state and local real property taxes if those taxes are assessed according to the property's value, and that the FDIC is immune from ad valorem real property taxes assessed on other bases. The Policy Statement also provides that the FDIC will pay its proper tax obligations when they become due and will pay claims for delinquencies as promptly as is consistent with sound business practice and the orderly administration of the institution's affairs, unless abandonment of the FDIC interest in the property is appropriate. It further provides that the FDIC will pay claims for interest on delinquent property taxes owned at the rate provided under state law, but only to the extent the interest payment obligation is secured by a valid lien. The FDIC will not pay for any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts. The Policy Statement also provides that if any property taxes (including interest) on FDIC-owned property are secured by a valid lien fin effect before the property became owned by the FDIC), the FDIC will pay those claims. No property of the FDIC is subject to levy, attachment, garnishment, foreclosure or sale without the FDIC's consent. In addition, a lien for taxes and interest may attach, but the FDIC will not permit a lien or security interest held by the FDIC to be eliminated by foreclosure without the FDIC's consent. With respect to challenges to assessments, the Policy Statement provides: "The [FDIC] is only liable for state and local taxes which are based on the value of the property during the period for which the tax is imposed, notwithstanding the failure of any person, including prior record owners, to challenge an assessment under the procedures available under state law. In the exercise of its business judgment, the [FDIC] may challenge assessments which do not conform with the statutory provisions, and during the challenge may pay tax claims based on the assessment level deemed appropriate, provided such payment will not prejudice the challenge. The [FDIC] will generally limit challenges to the current and immediately preceding taxable year and to the pursuit of previously filed tax protests. However, the [FDIC] may, in the exercise of its business judgment, challenge any prior taxes and assessments provided that (1) the [FDIC's] records (including appraisals, offers or bids received for the purchase of the property, etc.) indicate that the assessed value is clearly excessive, (2) a successful challenge will result in a substantial savings to the [FDIC], (3) the challenge will not unduly delay the sale of the property, and (4) there is a reasonable likelihood of a successful challenge." The Policy Statement states that the FDIC generally will not pay non-ad valorera taxes, including special assessments, on property in which it has a fee interest unless the amount of tax is fixed at the time the FDIC acquires its fee interest in the property, nor will the FDIC recognize the validity of any lien to the extent it purports to secure the payment of any such amounts. Because the Special Taxes are neither ad valorera taxes nor special assessments, the District is unable to predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel included in the District in which the FDIC has an interest, although prohibiting the lien of the FDIC to be foreclosed on at a judicial foreclosure sale would likely reduce the number of or eliminate the persons willing to purchase a parcel at a foreclosure sale. Owners of the Bonds should assume that the District will be unable to 36 foreclose on parcels of land in the District owned by the FDIC. Such an outcome would cause a draw on the Bond Reserve Fund and perhaps, ultimately, a default in payment of the Bonds. Glasply Marine Industries. On July 30, 1992, the United States Court of Appeals for the Ninth Circuit issued its opinion in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad valorem property taxes levied by Snohomish County in the State of Washington after the date that the property owner filed a petition for bankruptcy were not entitled to priority over the claims of a secured creditor with a prior lien on the property. Although the court upheld the priority of unpaid taxes imposed before the filing of the bankruptcy opinion, unpaid taxes imposed after the filing of the bankruptcy petition were declared to be "administrative expenses" of the bankruptcy estate, payable after the claims of all secured creditors. As a result, the secured creditor was able to foreclose on the property and retain all the proceeds of the sale except the amount of the pre-petition taxes. There is no assurance a court would not declare the Special Taxes to be an "administrative expense." According to the court's ruling, as administrative expenses, post-petition taxes would be paid assuming that the debtor has sufficient assets to do so. In certain circumstances, payment of such administrative expenses may be allowed to be deferred. Once the property is transferred out of the bankruptcy estate (through foreclosure or otherwise), it would at. that time become subject to current ad valorem property taxes (i.e., not those accruing during the bankruptcy proceeding). The Glasply decision is controlling precedent in bankruptcy court in the State of California. If Glasply were held to be applicable to Special Taxes, a bankruptcy petition filing would prevent the lien for Special Taxes levied in subsequent fiscal years from attaching so long as the property was part of the estate in bankruptcy, which could reduce the amount of Special Taxes available to pay debt service on the Bonds. However, Glasply speaks as to ad valorera property taxes, and not Special Taxes, and no case law exists with respect to how a bankruptcy cour~ would treat the lien for Special Taxes levied after the filing of a petition in bankruptcy. It should also be noted that on October 22, 1994, Congress enacted 11 U.S.C. § 362(b)(18), which added a new exception to the auton~atic stay for ad valorem property taxes imposed by a political subdivision after the filing of a bankruptcy petition. Under this new provision of law, in the event of a bankruptcy petition filed on or after October 22, 1994, the lien for ad valorera taxes in subsequent fiscal years will attach even if the property is part of the bankruptcy estate. Bond owners should be aware that the potential effect of 11 U.S.C. § 362(b)(18) on the Special Taxes also depends upon whether a court were to determine that the Special Taxes should be treated like ad valorera taxes for this purpose. Proposition 218 And The Initiative Power On November 5, 1996, the voters of the State approved Proposition 218, a constitutional initiative entitled the "Right to Vote on Taxes Act" ("Proposition 218"). Proposition 218 adds Articles XIIIC and XIIID to the California Constitution and contains a number of interrelated provisions affecting the ability of local governments to levy and collect both existing and future taxes, assessments, fees and charges. Proposition 218 became effective for most purposes on November 6, 1996. Article XIIIC of Proposition 218 removes all limitations in State Mello-Roos Law on the initiative power to reduce or repeal "any local tax, assessment, fee or charge." The initiative power is, however, limited by the United States Constitution's prohibition against State or local laws "impairing the obligation of contracts." The Bonds represent a contract between the 37 District and the Bondholders secured by the Special Taxes. While not free from doubt, it is likely that, once the Bonds are issued, the Special Taxes would not be subject to repeal or reduction by initiative, at least to the extent the taxes are necessary to enable the District to make timely payment on principal and interest on the Bonds, but not necessarily to the full extent of the authorized tax amount. The interpretation and application of these provisions of Proposition 218 and the federal Constitution's Contracts Clause will ultimately be determined by the courts, and it is not possible at this time to predict with certainty the outcome of such determination or the timeliness of any remedy afforded by the courts. Limitation On Remedies; No Acceleration Remedies available to Bondholders may be limited by a variety of factors and may be inadequate to assure the timely payment of principal of and interest on the Bonds, or to preserve the tax-exempt status of the Bonds. Bond Counsel has limited its opinion as to the enforceability of the Bonds and the Indenture to the extent that enforceability may be limited by bankruptcy, insolvency, or similar laws affecting generally the enforcement of creditors' rights. Additionally, the Bonds are not subject to acceleration in the event of the breach of any covenant or duty under the Indenture. Lack of remedies may entail risks of delay, limitation, or modification of Bondowner rights. Judicial remedies, such as foreclosure and enforcement of covenants, are subject to exercise of judicial discretion. A California court may not strictly apply certain remedies or enforce certain covenants if it concludes that application or enforcement would be unreasonable under the circumstances and it may delay the application of such remedies and enforcement. Loss Of Tax Exemption As discussed under the caption "CONCLUDING INFORMATION - Tax Matters," interest on the Bonds might become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of future acts or omissions of the District in violation of its covenants in the Indenture. The Indenture does not contain a special redemption feature triggered by the occurrence of an event of taxability. As a result, if interest on the Bonds were to be includable in gross income for purposes of federal income taxation, the Bonds would continue to remain. outstanding until maturity unless earlier redeemed under the Indenture. See "THE BONDS - Redemption Of Bonds". Secondary Markets And Prices The Underwriter will not be obligated to repurchase any of the Bonds, and no representation is made concerning the existence of any secondary market for the Bonds. No assurance can be given that any secondary market will develop following the completion of the offering of the Bonds, and no assurance can be given that the initial offering prices for the Bonds will continue for any period of time. 38 CONCLUDING INFORMATION Tax Matters In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing statutes, regulations, rules and court decisions, interest on the Bonds is excluded from gross income for federal income tax purposes and is exempt from personal income taxation imposed by the State of California. Bond Counsel is further of the opinion that interest on the Bonds is not a specific preference item for purposes of the alternative minimum tax provisions of the Internal Revenue Code of 1986, as amended (the "Code"). However, with respect to the Bonds owned by corporations (as defined for federal income tax purposes), interest on the Bonds may be included in adjusted current earnings, a portion of which may increase the alternative minimum taxable income of such corporations. In addition, although interest on the Bonds is excluded from gross income for federal income tax purposes, the accrual or receipt of interest on the Bonds and the ownership of the Bonds may otherwise affect the federal income tax liability of certain persons or entities. Bond Counsel expresses no opinion regarding any such consequences. The Code sets forth certain requirements which must be met subsequent to the issuance and delivery of the Bonds for interest paid with respect thereto to be and remain exempt from federal income taxation. Noncompliance with such requirements might cause the interest paid on the Bonds to be subject to federal income taxation retroactive to the date of issue and the Bonds. These requirements include, but are not limited to, provisions which prescribe yield and other limits within which the proceeds of the Bonds and other amounts are to be invested and require that certain investment earnings on the foregoing must be rebated on a periodic basis to the Treasury Department of the United States. Under the indenture, the District has covertanted to comply with aB such requirements. In rendering such opinions, Bond Counsel is assuming that the District will comply with its covenants in the Indenture to comply with the requirements of the Code. Noncompliance with the Code might cause the interest on the Bonds to be subject to federal income taxation retroactive to the date of issuance and delivery of the Bonds. Legal Opinions The legal opinion of Best Best & Krieger LLP, San Diego, California, approving the validity of the Bonds in substantially the form set forth as Appendix G hereto, will be made available to purchasers at the time of original delivery. A copy of the legal opinion for the Bonds will be provided with each definitive bond. Certain legal matters will be passed upon for the City and the District by Richards, Watson & Gershon, and for the Underwriter by its counsel, Jones Hall, A Professional Law Corporation, San Francisco, California. Litigation At the time of delivery of and payment for the Bonds, the District will certify that, to the current actual knowledge (after reasonable investigation) of the officer of the City executing the certificate, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or regulatory agency, public board or body pending or overtly 39 threatened in writing against the District or the City that in any way seeks to affect the existence of the District or the City or the titles of their officers to their respective offices, or that seeks to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds of the Bonds in accordance with the Indenture, or in any way contests or seeks to affect the validity or enforceability of the Bonds, the Indenture, or the Bond Purchase Agreement or any action of the District or the City contemplated by any of said documents, or that in any way contests the completeness or accuracy of this Official Statement or the powers of the District or the City or their authority with respect to the Bonds or the Indenture or any action of the District or the City contemplated by any of said documents, or that would adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or the exemption of such interest for California personal income taxation. Continuing Disclosure The District will covenant for the benefit of the Bondowners to provide annually certain financial information and operating data relating to the District (the "District's Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if material. The District's Annual Report will be delivered not later than seven months after the end of the City's fiscal year (which currently ends on June 30), commencing with the report for the 2000- 2001 fiscal year. The Property Owner will covenant for the benefit of the Bondowners to provide certain information and operating data regarding its development of the property in the District on a semi-annual basis (the "Property Owner's Semi-Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if material. The Property Owner's Semi-Annual Reports will be delivered not later than 90 days and 270 days after the Property Owner's fiscal year. The District's Annual Reports and the Property Owner's Semi-Annual Reports will be filed with each Nationally Recognized Municipal Securities Information Repository and with the appropriate State informafion depository, if any. The notices of material events will be filed with the Municipal Securities Rulemaking Board (and with the appropriate State information depository, if any). The specific nature of the information to be contained in the District's Annual Reports, the Property Owner's Semi~Annual Reports and the notices of material events is set forth in "APPENDIX F - Forms Of Continuing Disclosure Certificates." These covenants have been made in order to assist the Underwriter in complying with SEC Rule 15c2-12(b)(5). The obligation of the Property Owner to provide information is limited to the type of information described in its continuing disclosure undertakings, and no determination has been made that the Property Owner is an "obligated person" for purposes of the Rule. The District will not assume any responsibility for the enforcement of the Property Owner's obligations under its continuing disclosure undertakings nor for the accuracy of the information contained in the Property Owner's Semi-Annual Reports. Neither the District nor the Property Owner has ever failed to comply in all material respects with any previous undertakings with regard to Rule 15c2-12 to provide annual reports or notices of material events. No Rating The District has not made, and does not contemplate making, application to any rating agency for the assignment of a rating to the Bonds. 40 Underwriting Stone & Youngberg LLC, the Underwriter of the Bonds, has agreed to purchase the Bonds from the District at a purchase price of $__ (representing the original principal amount of the Bonds of $. less an underwriter's discount of $ ). The purchase contract under which the Underwriter is purchasing the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased. The obligation of the Underwriter to make such purchase is subject to certain terms and conditions set forth in such contract of purchase. The public offering prices of the Bonds may be changed from time to time by the Underwriter. The Underwriter may offer and sell Bonds to certain dealers and others at a price lower than the offering price stated on the cover page of this Official Statement. Professional Fees In connection with the issuance of the Bonds, fees payable to certain professionals, including the Underwriter; Jones Hall, A Professional Law Corporation, as counsel to the Underwriter; Best Best & Krieger LLP, as Bond Counsel; and Wells Fargo Bank, National Association, as Fiscal Agent, are contingent upon the issuance and delivery of the Bonds. Miscellaneous All quotations from, and summaries and explanations of the Indenture, the Bonds, other documents and statutes contained in this Official Statement do not purport to be complete, and reference is made to said documents, the Indenture, and statutes for full and complete statements of their provisions. This Official Statement is submitted only in connection with the sale of the Bonds by the District. The information contained in this Official Statement should not be construed as representing all conditions affecting the District, the City or the Bonds. All information contained in this Official Statement pertaining to the District and the City has been furnished by the City and the execution and delivery of this Official Statement has been duly authorized by the District and the City. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) By: /s/|ack Lam City Manager 41 APPENDIX A SUMMARY APPRAISAL REPORT A-1 APPENDIX B SUMMARY OF ABSORPTION STUDY B-I APPENDIX C RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX APPENDIX D SUMMARY OF THE INDENTURE D-1 To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. While Bonds are in the book-entry only system, redemption notices shall be sent to Cede & Co. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participation in such maturity to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on a payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect form time to time. Payment of principal and interest to DTC is the responsibility of the Fiscal Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shah be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered. Procedures If Book-Entry-Only System Is Discontinued If the book-entry-only system should be discontinued, the interest on, principal of and redemption premium (if any) on the Bonds would be payable at the principal corporate trust office of the Fiscal Agent. The interest due on or before maturity or redemption would be payable only to the person whose name appears as registered owner in the registration books required to be kept by the Fiscal Agent at the close of business as of the 15th day of the month D-2 next preceding each interest payment date. Interest would be paid by check mailed by first class mail to such registered owner at his or her address as it appears on such books, except that a registered owner of $1,000,000 or more in aggregate principal amount of Bonds then outstanding may request with 15 days' prior notice that payment be made by wire transfer on each such interest payment date. The principal of and redemption premium, if any, on the Bonds would be payable only to the person whose name appears in such registration books as the registered owner, such principal and redemption premium, if any, to be paid only on the surrender of each Bond to the Fiscal Agent at maturity or on redemption prior to maturity. If the book-entry-only system should be discontinued, the Bonds will be delivered in certificated form to the registered owners. Thereafter, any Bond may, in accordance with its !erms, be transferred or exchanged on such books by the person in whose name it is registered, ~n person or by his or her duly authorized attorney, upon payment by the bondholder requesting such transfer or exchange of any tax or other governmental charge required to be paid with respect to such transfer or exchange and upon surrender of such Bond for cancellation accompanied by delivery of a duly executed written instrument of transfer of exchange in a forn~ acceptable to the Fiscal Agent. Neither the City nor the Fiscal Agent is required (i) to transfer or exchange any Bonds during the 15~day period prior to the selection of any Bonds for redemption, or (ii) to transfer or exchange any Bond that has been selected for redemption in whole or in part, except the unredeemed portion of such Bond selected for redemption in part, from and after the day that such Bond has been selected for redemption. D-3 APPENDIX E BOOK-ENTRY ONLY SYSTEM Book-Entry-Only System The information in this section concerning DTC and DTC 's book-entry only system has been obtained from DTC. The City takes no responsibility for the accuracy thereof. The City cannot and does not give any assurances that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (a) payments of interest or principal with respect to the Bonds, (b) certificates representing ownership interest in or 'other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Official Statement. The current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current "Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC. DTC in New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered initially in the name of Cede & Co. (DTC's partnership nominee). One fully-registered bond certificate will be issued for each maturity of the Bonds in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking law, a "banking organization" within the meaning of the New York Banking law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of Bonds (a "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive physical certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. E-1 APPENDIX F FORMS OF CONTINUING DISCLOSURE CERTIFICATES F-1 APPENDIX G PROPOSED FORM OF OPINION OF BOND COUNSEL G-1 APPENDIX H GENERAL INFORMATION ABOUT THE CITY OF RANCHO CUCAMONGA Location The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles- San Bernardino Basin in the western portion of San Bernardino County, approximately 37 miles east of downtown Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 34.3 square miles and is bordered by Ontario on the south, Upland on the west and Fontana to the east. To the north are Cucamonga Peak and Mount Baldy. Municipal Government The City was incorporated in November 30, 1977, as a general law city operating under the council-manager form of government. It is governed by a five-member City Council (the "Council"), which includes a Mayor who is elected at large for a four year term, and four Council Members are elected at large for staggered four year terms. The Council appoints the City Manager and City Attorney. The City Manager is responsible for the daily administration of City affairs and for implementing Council policy and program decisions. For further information about the City see its Internet homepage at www.ci.rancho- cucamonga.ca.us. Population Prior to incorporation, the area generally within the corporate boundaries of the City experienced a rapid growth in population. Population fifes for the City, the County and the State for the last five years are shown in the following table. CITY OF RANCHO CUCAMONGA Population Estimates City of County of State of Year Rancho Cucamonga San Bernardino California 1996 115,800 1,587,200 32,223,000 1997 117,300 1,605,000 32,670,000 1998 119,100 1,631,500 33,226,000 1999 122,200 1,660,200 33,766,000 2000 125,600 1,689,300 34,336,000 Source: State Department of Finance estimates (as of January 1) Employment The City is included in the Riverside-San Bernardino Metropolitan Statistical Area CMSA"). The unemployment rate in the Riverside-San Bernardino MSA was an estimated 6.0 percent during August 2000. This compares to the unadjusted unemployment rates of 5.7 percent for Los Angeles County and 5.0 percent for California for the same month. Separately, in Riverside County, the unemployment rate was estimated at 6.8 percent, and 5.1 percent in San Bernardino County in August 2000. Farm employment decreased by H~I 8,100 jobs between July and August, a normal seasonal change. Year-over farm employment decreased by 800 jobs. The following table summarizes the civilian labor force, employment and unemployment in the County for the calendar years 1995 through 1999. These figures are county-wide statistics and may not necessarily accurately reflect employment trends in the City. RIVERSIDE-SAN BERNARDINO METROPOLITAN STATISTICAL AREA Civilian Labor Force, Employment and Unemployment (Annual Averages) 1995 1996 1997 1995 1999 Civilian Labor Force (1) 1,292,800 1,302,100 1,352,300 1,387,500 1,442,600 Employment 1,180,800 1,201,900 1,259,200 1,302,600 1,368,600 Unemployment 112,000 100,200 93,100 84,800 74,000 Unemployment Rate 8.7% 7.7% 6.9% 6.1% 5.1% Wage and Salary Employment: (2) Total All Industries 801,700 824,800 863,100 903,800 955,200 Agriculture 21,800 21,300 21,700 21,600 21,600 Nonagricultural Industries 779,900 803,500 841,400 882,200 933,600 Mining 1,100 1,200 1,200 1,000 900 Construction 43, I00 46,200 52,100 60,800 70,000 Manu facturi ng 94,400 99,200 104,800 111,400 118,300 Transportation, Public Utilities 40,800 41,100 42,500 45,700 48,700 Wholesale Trade 35,900 37,500 40,200 42,200 45,000 Retail Trade 170,000 172,600 177,800 181,000 186,700 Finance, Insurance, Real Estate 29,400 29,600 29,800 30,600 32,000 Services 202,600 208,700 221,500 234,900 248,800 Government 162,600 167,300 171,600 174,700 183,200 (1) Labor force data is by place of residence; includes ~lf-employed individuals, unpaid family workers, household domestic workers, and workers on strike. (2) Industry employment is by place of work; excludes self-employed individuaIs, unpaid family workers, househo d domestic workers, and workers on strike. S~urce: State of California Employment Development Department. Total nonfarm employment in Riverside and San Bernardino counties decreased by 4,300 jobs between July and August to 969,200 jobs. Employment in the construction division grew by 1,100 jobs with the majority of increases in special trades. Manufacturing and transportation and public utilities employment increased by 500 and 200 jobs respectively. The finance insurance and real estate industry added 100 jobs over the month. No job changes were noted in the mining and wholesale trade industries. A decline of 5,200 jobs in the government industry division can be attributed to schools being closed for summer recess and the release of temporary workers hired for Census 2000. The services and retail trade industries had losses of 700 and 300 jobs respectively over the month. Year-over (August 1999 to August 2000) total nonfarm employment in Riverside and San Bernardino counties rose by 37,900 jobs from 931,300 in August 1999 to 969,200 in August 2000, a growth rate of 4.1 percent. The services industry division added 13,100 jobs, led by the business services category. Construction employment grew by 8,100 jobs, with the majority of the job gains in spedial trades. The manufacturing and retail trade industries added 5,300 and 4,900 jobs respectively. Other industry divisions with year-over job gains include transportation and public utilities (up 2,200 jobs), wholesale trade (up 1,700 jobs), government (up 1,400 jobs), finance, insurance and real estate (up 1,100 jobs) and mining (up 100 jobs). Major Employers The following tables list the major manufacturing and non-manufacturing employers in the "Inland Empire" (which consists of Riverside and San Bernardino Counties) and their estimated number of employees as of January, 2000: SAN BERNARDINO AND RIVERSIDE COUNTIES Major Employers As of January, 2000 company san Bernardino County Riverside County Stater Bros. Markets, Colton Ontario International Airport March Field, Moreno Valley Kaiser Permanente Medical Center Loma Linda University Medical Center Claremont Colleges Southern California Edison San Bernardino City Schools U.S. Postal Service Pacific Bell, Riverside General Telephone, Pomona Pomona Unified School District Hughes Missile Systems, Pomona Corona/Norco Unified School District Moreno Valley Unified School District UC Riverside United Parcel Service Pomona Valley Community Hospital Type of Business No. of Employees County Government 12,228 County Government 11,000 Retail Grocery 10,200 Airport 6,600 Military 5,759 Medical Services 5,600 Medical Services 5,200 Education 5,000 Utilities 4,900 Public Education 4,720 Postal Service 3,872 Utilities 3,600 Utilities 3,520 Public Education 3,500 Defense Systems 3,450 Public Education 3,000 Public Education 3,000 State University 2,800 Parcel Delivery 2,700 Medical Services 2,351 S~lurce: City of Rancho Cucamonga Chamber of Commerce. Commercial Activity During calendar year 1999, total taxable transactions in the City were $1,111,610,000, or 11.6% greater than total taxable transactions of $996,102,000 that occurred in the City in the calendar year 1998. A summary of historic taxable sales within the City during the past five years is shown in the following table. Itemized figures for 1999 are not yet available. H-3 CITY OF RANCHO CUCAMONGA Taxable Transactions (figures in thousands) 1994 1995 1996 1997 199~ Retail Stores Apparel Stores $ 17,045 $ 18,088 $ 17,856 $ 16,772 $ 14,492 General Merchandise Stores 139,571 143,693 143,774 161,946 179,922 Drug Stores 10,555 9,983 10,577 (1) (1) Food Stores 56,993 59,047 61,553 62,699 63,830 Packaged Liquor Stores 2,742 2,321 2,364 (1) (1) Eating and Drinking Places 70,986 77,939 86,519 95,411 103,838 Home Furnishings and Appliances 21,897 48,098 21,755 17,111 17,618 Bldg. Materials and Farm Implmnts. 17,656 19,564 30,988 67,636 70,747 Auto Dealers and Auto Supplies 12,011 13,020 11,625 12,195 23,779 Service Stations 38,946 42,958 46,955 49,297 43,435 Other Retail Stores 75,266 93,099 133,502 133,566 141,301 Retail Store Totals 463,668 527,810 567,468 616,633 658,962 All Other Outlets 222,528 241,805 259,912 289,653 337.140 TOTAL ALL OUTLETS $ 686.'19~6 ~ $ g27-3S0 $ 906.2g. 6 $996.~02 (1) Drug stores have been merged with general merchandise stores and packaged liquor stores have been merged with other retail stores. Source: State Board of Equalization. Construction Activity Building activity for the past ten fiscal years in the City is shown in the following table. CITY OF RANCHO CUCAMONGA Building Permit Valuations Calendar Years 1995 through 1999 (Dollars in thousands) 1995 1996 1997 1998 1999 Residential Single Family $29,058.9 $89,905.5 $66,499.2 $141,774.2 $262,526.9 Multi Family 4,619,8 748.3 10,770.2 0.0 0.0 Alterations/Additions 7,791.2 9,102.3 ] 2,670.9 7,750.7 6,851.9 Total $41,469.9 $99,756.1 $89,940.2 $149,524.9 $269,378.9 Non-Residential New Commercial $ 6,152.7 $10,842.9 $ 8,906.2 $ 7,082.7 $ 30,475.5 New industrial 11,315.2 7,413.0 18,589.1 18,064.3 7,592.3 Other12) 5,153.9 5,071.5 6,116.9 8,729.1 20,052.4 Alterations/Additions 13,548.1 11,520.3 15,528.8 12,424.2 22,751.6 Total $36,169.9 $34,847.7 $49,141.0 $46,300.0 80,871.8 Single Family Unitslal 244 387 354 678 1,135 M ulti-family Units131 42 25 17~3 0 0 Total131 234 412 527 678 1,135 (2) Includes churches and religious buildings, hospitals and institutional buildings, schools and educational buildings, residential garages, public works and utilities buildings and non-residential alterations and additions. (3) Not in thousands. Source: Construction lndust.rV Rescarch Board. H-4 Public Utilities and Services Police protection is contracted from the San Bernardino County SherifFs Department. A Sheriff's substation is located within the City limits. Fire protection and rescue service are provided by the City-managed Fire protection District, which covers an area of approximately 53 square miles. Southern California Edison Company furnishes electricity and Southern California Gas Company furnishes natural gas to the City. Industrial waste and sewer services are provided by the Inland Empire Utilities Agency, and water is furnished to the City by the Cucamonga County Water District. Telephone service is provided by Verizon. Community Facilities The City provides 19 parks and 4 community centers for residents. Library services are provided by the City. The Rancho Cucamonga Quakes baseball club (an Anaheim Angels minor league affiliate) plays its home games at the City's sports complex, the Epicenter. Education Six school districts serve the residents of the City providing local educational opportunities from kindergarten through junior college. Major colleges and universities are located within commuting distance to the City providing residents with both public and private educational opportunities in most of the major professions. Transportation Two interstate highways traverse the area. Interstate 10 is located south of the City's boundary and runs east and west, and Interstate 15 in the eastern section of the city runs north and south. Through these highways the City is linked by interstate highways to all areas of the State and to other states to the east. In addition, Interstate 210 is under construction in the northern portion of the City running east and west, and is expected to be complete in 2002. Three transcontinental railroads provide freight service to the City: Union Pacific Railroad, Southern Pacific Railroad, and the Atchison, Topeka and Santa Fe Railroad. Amtrak provides passenger rail service and Metrolink provides commuter rail service to the City. Several truck terminals are located nearby. Airline service from Ontario International Airport, which is adjacent to the City's southern boundary, is provided to approximately 50 cities in the United States. The airport has the capacity to serve wide-bodied jet airplanes. Los Angeles International Airport is located approximately 40 miles to the west of the City. The Port of Los Angeles is located approximately 40 miles to the west, and the Port of Long Beach is located approximately 75 miles to the south west. Greyhound and Continental Trailways provide transcontinental bus service. The Southern California Rapid Transit District and Omnitrans furnish intercounty and local bus service. H-5 JH:SRF BOND PURCHASE AGREEMENT City Of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 11/03/00 AGENDA COPY 11/07/00 November.__,2000 City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Ladies and Gentlemen: Stone & Youngberg LLC (the "Underwriter") offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") which will be binding upon the District and the Underwriter upon the acceptance hereof by the District. Upon your acceptance of this offer, this Purchase Agreement will be binding upon the District and the Underwriter. This offer is made subject to its acceptance by the District by execution of this Purchase Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof. Terms not otherwise defined herein shall have the same meanings as set forth in the Indenture described below. Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the District for offering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 (the "Bonds"). The purchase price for the Bonds is $ (representing the aggregate principal amount of the Bonds of $ less an underwriter's discount of $ [and an original issue discount of $ ]). The Bonds will mature on the dates and in the amounts, and bear interest at the rates, and be subject to mandatory redemption as set forth in Appendix A attached hereto. Section 2. Description of the Bonds. The Bonds will be issued pursuant to the following: · the Mello-Roos Community Facilities Act of 1982 (constituting Sections 53311 et seq. of the California Government Code) (the "Act"), · a resolution adopted on November ~ 2000 (the "Resolution of Issuance") by the City Council of the City of Rancho Cucamonga (the "City"), acting as the legislative body of the District, and · a Bond Indenture dated as of November 1, 2000 (the "Indenture"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). The Bonds will mature on the dates and in the principal amounts, and will bear interest at the rates, as set forth in Appendix A hereto, and will be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (together with all appendices, amendments and supplements thereto, the "Official Statement"). The District shall apply the proceeds of the Bonds to finance the purchase of the Facilities described in the Official Statement. Section 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on the cover of the Official Statement. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shah not change the interest rates set forth on the cover of the Official Statement. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. Section 4. Official Statement; Continuing Disclosure. The District has delivered or caused to be delivered to the Underwriter prior to the execufion of this Purchase Agreement or the first offering of the Bonds, whichever first occurs, copies of the Preliminary Official Statement relating to the Bonds (the "Preliminary Official StatenLent"). Such Preliminary Official Statement is the official statement deemed final by the District for purposes of Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") and approved for distribution by resolution of the District. The District shall have executed and delivered to the Underwriter a certification to such effect in the form attached as Appendix C. Within 7 business days after the date of this Purchase Agreement, the District shall deliver to the Underwriter a final Official Statement, executed on behalf of the District by an authorized representative of the District and dated the date hereof, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and with such other amendments or supplements as shall have been approved by the District and the Underwriter. The District will undertake, pursuant to the Indenture and a continuing disclosure certificate (the "Continuing Disclosure Certificate"), to provide certain annual financial informafion and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the final Official Statement. Section 5. The Closing. At 8:00 a.m., California time, on December ~ 2000, or at such other time or on such earlier or later business day as are mutually agreed upon by the District and the Underwriter, the District will deliver (i) the Bonds in definitive form to the Underwriter at The Depository Trust Company in New York, New York, or such other location as may be specified by the Underwriter, with CUSIP identification numbers printed thereon, in fully registered form and registered in the name of Cede & Co., and (ii) the dosing documents hereinafter mentioned at the offices of Best Best & Krieger LLP, San Diego, California or another place to be mutually agreed upon by the District and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by federal funds wire payable to the order of the Fiscal Agent on behalf of the District. This payment and delivery, together with the delivery of the aforementioned documents, is herein called the "Closing." The Bonds will be delivered in such denominations and deposited in the account or accounts specified by the Underwriter pursuant to written notice not later than five business days prior to Closing. The Bonds will be made available to The Depository Trust Company for inspection not less than 24 hours prior to the Closing. -2- Section 6. Representations, Warranties and Covenants. The District represents, warrants and covenants to the Underwriter that: (a) Due Organization, Existence and Authority. The District is duly organized and existing under the Act, with full right, power and authority to execute, deliver and perform its obligations under this Purchase Agreement, the Indenture. and the Continuing Disclosure Certificate (together, the "District Documents") and to issue the Bonds and otherwise carry out and consummate the transactions contemplated by the District Documents and the Official Statement. (b) Due Authorization and Approval. By all necessary official action of the City Council as legislative body of the District, the District has duly authorized and approved (i) the execution and delivery of, and the performance by the District of the obligations contained in, the District Documents, (ii) the distribution and use of the Preliminary Official Statement and execution, delivery and distribution of the Final Official Statement, and (iii) the taking of any and all such action as may be required on the part of the Community Facilities District to carry out, give effect to and consummate the transactions on its part contemplated by such instruments, and as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, the District Documents will constitute the legally valid and bh~ding obligations of the District enforceable 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. The District has complied, and will at the Closing be in compliance in all respects, with the terms of the District Documents. All consents or approvals necessary to be obtained by the Community Facilities District in connection with the foregoing have been received, and the consents or approvals so received are still in full force and effect. (c) Official Statement Accurate and Complete. The Prelin~inary Official Statement was as of its date, and the final Official Statement is, and at all times subsequent to the date of the final Official Statement up to and including the Closing will be, true and correct in all material respects, and the Preliminary Official Statement and the final Official Statement contain, and up to and including the Closing will contain, no misstatement of any material fact and do not, and up to and including the Closing will not, omit any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading. (d) Underwriter's Consent to Amendments and Supplements to Official Statement. The District will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The District will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. If, at any time prior to the earlier of (i) receipt of notice from the Underwriter that Final Official Statement is no longer required to be delivered under Rule 15c2-12 or (ii) the Closing Date (as described in Section 6 below), any event known to the officers of the District participating in the issuance of the Bonds occurs with respect to the District or the City as a result of which the final Official Statement as then amended or supplemented might include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the District shah promptly notify the Underwriter in writing of such event. Any information supplied by the District for inclusion in any amendments or supplements to the final Official Statement will not contain any untrue or misleading statement of a material fact relating to the District or the City or omit to state any material fact relating to the District or the City necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (e) No Breach or Default. As of the time of acceptance hereof and as of the time of the Closing, except as otherwise disclosed in the Official Statement, the District is not and will not be in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State of California or the United States, or any applicable judgment or decree or any Indenture, loan agreement, bond, note, resolution, ordinance, agreement or other instrument to which the District is a party or is otherwise subiect, 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. As of the time of acceptance hereof and as of the time of the Closing, except as disclosed in the Official Statement, the authorization, execulion and delivery of the District Documents and compliance with the provisions of each of such agreements or instruments do not and will not conflict with or constitute a breach of or default under any applicable constitutional provision, law or administrative rule or regulalion of the State of California or the United States, or any applicable judgment, decree, license, permit, indenture, 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, regulalion or instrument, except as may be provided by the District Documents. Neither the District nor the City has failed to comply with any prior continuing disclosure undertaking under Rule 15c2-12. (f) No Litigation. As of the time of acceptance hereof and the Closing, except as may be disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government authority, public board or body, pending or threatened (i) in any way questioning the corporate existence of the District or the City, or the titles of the officers of the District or the City to their respective offices; (ti) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or the District Documents or the consummalion of the transactions contemplated thereby, or contesting the exclusion of the interest on the Bonds from taxation or contesting the powers of the District and its authority to pledge the revenues securing the Bonds; (iii) which may result in any material adverse change relating to the District or the City; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the final Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the final Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence. (g) Compliance with Local Goals and Policies. The issuance of the Bonds by the District conforms with the "Statement of Goals and Policies for the Use of the Mello- Roos Community Facilities Act of 1982" adopted by the City on July 21, 1999. (h) Blue Sky Laws. The District shall cooperate with the Underwriter in endeavoring to qualify the Bonds for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may request; provided, however, that the District shall not be required to execute a special or general consent to service of process in any jurisdiction in which it is not now so subject or to qualify to do business in any jurisdiction where it is not now so qualified. (i) Neither the District nor the City shall take or omit to take, as appropriate, any action that would cause the interest on the Bonds to be subject to California personal income taxation or affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 7. Closing Conditions. The Underwriter has entered into this Purchase Agreement in reliance upon the representations, warranties and covenants herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of the Closing. The Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds are subject to the following additional conditions: (a) Bring-Down Representation. The representations, warranties and covenants of the District contained in this Purchase Agreement must be true, complete and correct at the date hereof and at the time of the Closing, as if made on the date of the Closing. (b) Effectiveness of District Documents, Official Statement and District Resolutions. At the time of the Closing (i) the District Documents must be in full force and effect, and neither the District Documents nor the Official Statement may have been amended, modified or supplemented except with the written consent of the Underwriter, and (ii) there shall be in full force and effect such resolutions as, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated by this Purchase Agreement, the Official Statement and the District Documents. (c) Closing Documents. At or prior to the Closing, the Underwriter shall receive each of the documents identified in Section 8. Secfion 8. Closing Documents. In addition to the other conditions to the Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds, at or before the Closing the Underwriter shall receive each of the following documents, provided that the actual payment for the Bonds by the Underwriter and the acceptance of delivery thereof shall 'be conclusive evidence that the requirements of this Section 8 shall have been satisfied or waived by the Underwriter. (a) Bond Opinion and Reliance Letter. An approving opinion of Bond Counsel dated the date of the Closing and substantially in the form appended to the Official Statement, together with a letter from such counsel, dated the date of the Closing and addressed to the Underwriter, to the effect that the foregoing opinion addressed to the District may be relied upon by the Underwriter to the same extent as if such opinion were addressed to them. (b) Supplemental Opinion. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the date of the Closing substantially to the following effect: (i) The District Documents, the Bonds and the Official Statement have been duly authorized, executed and delivered by the District, and the District Documents and the Bonds constitute the valid, legal and binding agreements of the District, enforceable in accordance with their respective terms. (ii) The statements contained in the Official Statement (including the cover page and the Appendices thereto) that purport to summarize certain provisions of the Bonds, the Indenture, the approving opinion of Bond Counsel or federal tax law, are accurate; provided that Bond Counsel need not express any opinion with respect to any financial or statistical information contained in the Official Statement. (iii) The Bonds are exempt from registration under the Securities Act of 1933, as amended, and the Indenture are exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended. (iv) The District is a community facilities district duly organized and validly existing under the laws of the State of California, including the Act. (c) District Counsel Opinion. An opinion of Richards, Watson & Gershon, counsel to the District, dated the date of the Closing and addressed to the Underwriter, in form and substance acceptable to Bond Counsel substantially to the following effect: (i) The Resolution of Issuance has been duly adopted by the District, is in full force and effect and has not been modified, amended or rescinded. (ii) Without conducfing an independent investigation, except as otherwise disclosed in the Official Statement and to the best knowledge of such counsel after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending or threatened against the District challenging the creation, organization or existence of the, or the validity of the District Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the District Documents or contesting the authority of the District to enter into or perform its obligations under any of the District Documents, or under which a determination adverse to the District would have a material adverse effect upon the financial condition or the revenues of the District, or which, in any manner, questions the right of the District to pledge the Revenues to the payment of the Bonds. (d) Fiscal Agent Counsel Opinion. The opinion of counsel to the Fiscal Agent, dated the date of the Closing, addressed to the Underwriter, to the effect that: (i) The Fiscal Agent is a national banking association duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trust created under the Indenture. (ii) The Indenture have been duly authorized, executed and delivered by the Fiscal Agent and constitute the legal, valid and binding obligations of the Fiscal Agent 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. (e) Underwriter's Counsel Opinion. An opinion of Jones Hall, A Professional Law Corporation ('Underwriter's Counsel"), dated the Closing Date, and addressed to the Underwriter, to the effect that: (i) during the course of serving as Underwriter's Counsel in connection with the execufion and delivery of the Bonds and without having undertaken to determine independently or assuming any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement, no information came to the attention of the attorneys in such firm rendering legal services in connection with the issuance of the Bonds that would lead them to believe that the Official Statement (excluding therefrom the financial statements, any financial or statistical data, or forecasts, charts, numbers, estin~ates, projections, assumptions or expressions of opInion included in the Official Statement, information regarding the Insurer and its Policy, information regarding DTC, and the appendices to the Official Statement as to which no opinion need be expressed), as of the date thereof or the Closing Date, contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (ii) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended; (f) District 15c2-12 Certificate. A certificate of the District, dated the date of the Preliminary Official Statement, signed on behalf of the District by a duly authorized officer of the District, in the form attached as Appendix B or such other form approved by the Underwriter. (g) District Closing Certificate. A certificate of the District, dated the date of the Closing, signed on behalf of the District by a duly authorized officer of the District, in the form attached as Appendix C or such other form approved by the Underwriter. (h) Fiscal Agent's Certificate. A certificate of the Fiscal Agent, dated the date of the Closing, signed on behalf of the Fiscal Agent by a duly authorized officer of the Fiscal Agent, in the form attached as Appendix D or such other form approved by the Underwriter. (i) Fiscal Agent Resolution and Incumbency Certificate. A copy of the general resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by certain officers of the Fiscal Agent, which resolution authorizes the authentication and delivery of the Bonds and the execution and delivery of the Indenture, along with an incumbency certificate with respect to the officers of the Fiscal Agent. (i) Property Owner's 10b-5 Certificate. A certificate of each property owner in the District (each a "Property Owner"), dated the date of the PreLiminary Official Statement, signed on behalf of the Property Owner by a duly authorized officer of the Property Owner, in the form attached as Appendix E or such other form approved by the Underwriter. (k) Property Owner's Closing Certificate. A certificate of each Property Owner, dated the date of the Closing, signed on behalf of the Property Owner by a duly authorized officer of the Property Owner, in the form attached as Appendix F or such other form approved by the Underwriter. (1) Ireserved] (m) Special Tax Consultant's Certificate. A certificate of the Special Tax Consultant, dated the date of the Closing, in the form attached as Appendix G or such other form approved by the Underwriter, relating to the Official Statement. (n) Appraiser's Certificate. A certificate of the Appraiser, dated the date of the Closing, in the form attached as Appendix H or such other form approved by the Underwriter, relating to the Official Statement. (o) Original Executed Documents. An original executed copy of the Official Statement, the Issuance Resolution and each of the District Documents. (p) Property Owner Continuing Disclosure Certificate. An original executed copy of the Property Owner Continuing Disclosure Certificate. (q) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, Underwriter's Counsel, the District or the Underwriter may reasonably deem necessary. If the District is unable to satisfy the conditions contained in this Purchase Agreement, or if the obligations of the Underwriter are terminated for any reason peru~itted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the Underwriter nor the District shall be under further obligation hereunder, except as further set forth in Section 10. Section 9. Termination Events. The Underwriter may terminate this Purchase Agreement, without liability, by notification to the District if at any time between the date hereof and prior to the Closing: (a) any event occurs which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereof, in the opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any rifling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the District, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, nile or regulation is introduced in, or enacted by any governmental body, department or authority of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States is rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation is enacted by the Congress of the United States, or a decision by a court of the United States is rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental district having jurisdiction of the subject matter is issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust indenture Act of 1939, as amended and as then in effect; or (e) additional material restrictions not in force as of the date hereof are imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; or (f) a general banking moratorium is established by federal or California authorities; or (g) the United States becomes engaged in hostilities that resulte in a declaration of war or a national emergency or any other outbreak of hostilities or a national or international calamity or crisis occurs, or any escalation of existing hostilities, calamity or crisis occurs, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or (h) any action, suit or proceeding described in Section 6(f) is commenced with respect to either the District or the City which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or (i) a general suspension of trading on the New York Stock Exchange is in force. Section 10. Expenses. The Underwriter has no obligation to pay, and the District shall pay or cause to be paid, the expenses incident to the performance of the obligations of the District under this Purchase Agreement, including but not limited to (a) the costs of the preparation and printing, or other reproduction (for distribution on or prior to the date hereof) of the District Documents and the cost of preparing, printing, issuing and delivering the definitive Bonds; (b) the fees and disbursements of any counsel, financial advisors, accountants or other experts or consultants retained by the District and the City; (c) the fees and disbursements of Bond Counsel and Underwriter's Counsel (but only to the extent to which such counsel's fee relates to preparation of the preliminary and final Official Statement); and (d) the cost of printing of the Preliminary Official Statement and any supplements and amendments thereto and the cost of printing of the Official Statement, including the requisite number of copies thereof for distribution by the Underwriter. The Underwriter shah pay, and the District has no obligation to pay, all expenses incurred by it in connection with the public offering and distribution of the Bonds, including but not limited to (a) reporting fees chargeable by the California Deb~ and Investment Advisory Conunission, (b) the portion of Underwriter Counsel's fee not relating to preparation of the preliminary and final Official Statement, and (c) CUSIP Service Bureau fees. Section 11. Notice. Any notice or other communication to be given to the District under this Purchase Agreement may be given by delivering the same in writing to such entity at the address set forth above. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to: Stone & Youngberg LLC, 50 California Street, 35th Floor, San Francisco, CA 94111, Attention: Mr. Jim Cervantes. section 12. Entire Agreement. This Purchase Agreement, when accepted by the District, constitutes the entire agreement between the District and the Underwriter and is made solely for the benefit of the District and the Underwriter (including the successors or assigns of any Underwriter). No other person shah acquire or have any fight hereunder by virtue hereof, except as provided herein. All the District's representations, warranties and agreements in this Purchase Agreement shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter. Section 13. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shah together constitute but one and the same instrument. Section 14. Severability. in case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shah not affect any other provision hereof. Section 15. Govening Law. The validity, interpretation and performance of this Purchase Agreement shall be governed by the Bond Laws of the State of California. Section 16. No Assignment. The rights and obligations created by this Purchase A~reement shall not be subject to assignment by the Underwriter or the District without the prior written consent of the other parties hereto. STONE & YOUNGBERG LLC, as Underwriter Accepted as of the date first stated above: CITY OF RANCHO CUCAMONGA COMMUNITY FAC/LITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) -11- APPENDIX A Maturity Schedule of Bonds Principal Payment Date Principal (September 1 ) Amoun_t Interest Rate Price Yield A-1 APPENDIX B DISTRICT RLTLE 15c2-12 CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of the City of Rancho Cucamonga (the "City"), the city council of which is the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of the District in connection with the issuance of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the District as follows: (1) This Certificate is delivered in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement (the "Preliminary Official Statement"). (3) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds depending on such matters, all with respect to the Bonds. (4) The Preliminary Official Statement is, except for the Permitted Omissions, deemed final within the meaning of the Rule. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: November __, 2000 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) By: /s/lack Lam City Manager APPENDIX C DISTRICT CLOSING CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of the City of Rancho Cucamonga (the "City"), the city council of which is the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of the District in connection with the issuance of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the District as follows: (i) The representations, warranties and covenants of the District contained in the Bond Purchase Agreement by and between the District and Stone & Youngberg LLC, dated November ~ 2000 (the "Purchase Agreement") are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the District has complied with all of the terms and conditions of this Purchase Agreement required to be complied with by the District at or prior to the date of the Closing. (ii) No event affecting the District or the City has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer without conducting an independent investigation, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending or threatened against the District or the City challenging the creation, organization or existence of the District, or the validity of the District Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the District Documents or contesting the authority of the District to enter into or perform its obligations under any of the District Documents, or under which a determination adverse to the District or the City would have a material adverse effect upon the financial condition or the revenues of the District, or which, in any manner, questions the right of the District to pledge the Revenues to the payment of the Bonds. Capitalized terms not defined herein shall have the same meaning as is set forth in the Purchase Agreement. C-1 IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December ~ 2000 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) By: /s/Tack Lam City Manager C-2 APPENDIX D FISCAL AGENT CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Wells Fargo Bank, National Association, a national banking association (the "Fiscal Agent"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Fiscal Agent in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Fiscal Agent as follows: (i) The Fiscal Agent is duly organized and existing as a national banking association in good standing under the laws of the United States of America, having the full power and authority to enter into and perform its duties under the Indenture. (ii) The Fiscal Agent is duly authorized to enter into the Indenture. (iii) To its best knowledge after due inquiry, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental district, public board or body pending against the Fiscal Agent or threatened against the Fiscal Agent which, in the reasonable judgment of the Fiscal Agent, would affect the existence of the Fiscal Agent, contests or affects the validity or enforceability of the Indenture, or contests the powers of the Fiscal Agent or its authority to enter into and perform its obligations under the Indenture. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December ~ 2000 WELLS FARGO BANK, NATIONAL ASSOCIATION Authorized Officer D-I APPENDIX E 10b-5 CERTIFICATE OF PROPERTY OWNER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized representative of , a California [limited partnership] [limited liability company] (the "Property Owner"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Property Owner in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and ~Lrther hereby certifies and reconfirms on behalf of the Property Owner as follows: (1) This Certificate is delivered in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement (the "Preliminary Official Statement"), setting forth information concerning, among other things, the Bonds, the Property Owner and its organization, activities, properties and financial condition, and the development (the "Development") that has been and is intended to be constructed and initially owned by the Property Owner within the District. (3) The statements contained in the sections of the Preliminary Official Statement entitled "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMATION - Continuing Disclosure," but only to the extent that those statements relate to the Property Owner and its organization, activities, properties and financial condition, and the Development (excluding therefrom information which is identified as having been provided by a source other than Property Owner), contain no untrue statenLent of a material fact and do not omit any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: November ~ 2000 a California By: Its: E-1 APPENDIX F CLOSING CERTIFICATE OF PROPERTY OBrNER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized representative of , a California [limited partnership] [limited liability company] (the "Property Owner"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Property Owner in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Property Owner as follows: (1) The Property Owner has duly authorized, by all necessary action, the execution, delivery and due performance of the Property Owner Continuing Disclosure Certificate. The Property Owner has not previously failed to comply with any obligations it has undertaken under Rule 15c2-12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934. (2) The Property Owner Continuing Disclosure Certificate has been duly executed and delivered by the Property Owner. (3) The information contained in the sections of the final Official Statement entitled "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMATION - Continuing Disclosure," but only to the extent that information relates to the Property Owner, its organization, activities, properties and financial condition and to the development (the "Development") constructed and intended to be constructed within the District by the Property Owner (excluding therefrom information which is identified as having been provided by a source other than Property Owner), is true and correct in all material respects and does not contain any untrue or incorrect statement of a material fact and does not omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. (4) The Property Owner has full power and authority to own its property (including, without limitation, the Development) and to carry on its business as presently conducted and as described in the final Official Statement. (5) There are no pending or, to the knowledge of the Property Owner, threatened legal or administrative proceedings to which the Property Owner is a party or to which property of the Property Owner is subject, which if decided adversely to the Property Owner could specifically, materially and adversely affect the transactions contemplated by the Purchase Agreement relating to the Bonds by and between the District and Stone & Youngberg, LLC, or by the final Official Statement or which could materially and adversely affect the validity or enforceability of the Bonds, the Issuance Resolution, the Indenture, the Property Owner Continuing Disclosure Certificate or the Purchase Agreement. (6) No event has occurred since the date of the Preliminary Official Statement which has materially and adversely affected or is reasonably expected to materially and adversely affect the business, properties, operations, prospects or financial condition of the Property Owner. FI (7) The Property Owner is solvent and no proceedings are pending or, to the actual knowledge of the Property Owner after due inquiry, threatened in which the Property Owner may be adjudicated as bankrupt, or become the debtor in a bankruptcy proceeding, or discharged from any or all of its debts or obligations or granted an extension of time to pay its debts or a reorganization or readjustment of its debts. (8) The Property Owner has not previously defaulted on the payment of special taxes or assessments in connection with any community facilities districts or assessment districts in which the Property Owner has been or is a property owner. (9) Except as disclosed in the final Official Statement, the Property Owner has not submitted an application for, nor received actual notice of, (i)the formation or authorization of any assessment district or community facilities district which would include any portion of the land owned by the Property Owner within the District, or (ii) the authorization or issuance of any debt secured by a special tax to be levied on any portion of the land owned by the Property Owner within the District, other than the Special Tax. Capitalized terms not defined herein shall have the same meaning as is set forth in the Bond Purchase Agreement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December __, 2000 a California Its: F2 APPENDIX G CERTIFICATE OF SPECIAL TAX CONSULTANT The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Willdan/MuniFinancial (the "Special Tax Consultant"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Special Tax Consultant in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Special Tax Consultant as follows: (i) Based upon the Special Tax Consultant's review of the Rate and Method of Apportionment of the Special Tax (the "Rate and Method") set forth in Appendix B to the Official Statement, the Special Tax Consultant hereby certifies that the Special Tax, if levied in the maximum amounts permitted pursuant to the Special Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least 110% of the gross annual debt service on the Bonds, provided that the annual debt service figures on the attached debt service schedule, which were relied upon by Special Tax Consultant, are substantially true and correct. (ii) Although the Special Tax, if levied in the maximum amounts under the Special Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least 110% of the gross annual debt service payable with respect to the Bonds each year, no representation is made herein as to actual amounts that will be collected in future years. (iii) All information with respect to the Rate and Method in the Official Statement is true and correct as of the date of the Official Statement and as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December __, 2000 WILLDAN/MUNIFINANCIAL Its: G-1 DEBT SERVICE SCHEDULE [TO COME] G-2 APPENDIX H CERTIFICATE OF APPRAISER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Bruce W. Hull & Associates, Inc. (the "Appraiser"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Appraiser in connection with the issuance by the City of Rancho Cucarnonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Appraiser as follows: (i) The Appraiser prepared an appraisal of the properties within the District dated October 12, 2000 (the "Appraisal"). The Appraisal is described and summarized in the Preliminary Official Statement dated November __, 2000 (the "Preliminary Official Statement") and the Official Statement dated November ~ 2000 (the "Official Statement"), including Appendix A thereto, relating to the Bonds. (ii) The Appraiser hereby certifies that all information with respect to the Appraisal in the Official Statement is true and correct as of the date of the Official Statement and as of the date hereof. (iii) The Appraiser hereby consents to the use of the Appraisal in connection with the distribution and use of the Preliminary Official Statement and Official Statement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December ~ 2000 BRUCE W. HULL & ASSOCIATES, INC. By: Its: H-1 29079-98 JH:SRF 11 / 03/00 AGENDA COPY 11/07/00 CONTINUING DISCLOSURE CERTIFICATE (Issuer) City Of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") in connection with the issuance by the District of its Special Tax Bonds, Series 2000 (the "Bonds"). The Bonds are being issued under a Bond Indenture dated as of November 1, 2000 (the "Indenture"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). The District hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the District for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2- 12(b)(5). Section 2. Definitions. in addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms have the following meanings: "Annual Report" means any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "City" means the City of Rancho Cucamonga. "Dissemination Agent" means Wells Fargo Bank, National Association, or any successor Dissemination Agent designated in writing by the District and which has filed with the District a written acceptance of such designation. "Listed Events" means any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" means any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Information on the National Repositories as of a particular date is available on the Internet at www.sec.gov/consumer/nrmsir.htm. "Official Statement" means the Official Statement relating to the Bonds. "Participating Underwriter" means Stone & Youngberg LLC. "Report Date" means seven months after the end of the District's fiscal year, or February 1 of each year based upon the District's current June 30 fiscal year end. "Repository" means each National Repository and each State Repository. "Rule" means Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as may be amended from time to tinge. "State Repository" means any public or private repository or entity designated by the State of California as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Disclosure Certificate, there is no State Repository. Section 3. Provision of Annual Reports. (a ) The District shaH, or shall cause the Dissemination Agent to, not later than the Report Date, commencing February 1, 2001, provide to the Participating Underwriter and each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 Business Days prior to the Report Date, the District shall provide the Annual Report to the Dissemination Agent (if other than the District). The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if not available by that date. The District shah give notice of any change in its fiscal year in the same manner as for a Listed Event under Section 5(c). (b) If the District is unable to provide to the Repositories an Annual Report by the Report Date, the District shah send a notice to the Municipal Securities Rulemaking Board and the appropriate State Repository, if any, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shaH: (i) determine each year prior to the Report Date the name and address of each National Repository and each State Repository, if any; and (ii) ff the Dissemination Agent is other than the District, file a report with the District certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing aH the Repositories to which it was provided. Section 4. Content of Annual Reports. The District's Annual Report shall contain or incorporate by reference the information set forth in Exhibit B, any or all of which may be included by specific reference to other documents, including official statements of debt issues of the District, the City or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the MSRB. The District shall clearly identify each such other docun~ent so included by reference. Section 5. Reporting of Significant Events. (a) The District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, ff material: (1) Principal and interest payment delinquencies. (2) Non-payment related defaults. (3) Unscheduled draws on debt service reserves reflecting financial difficulties. (4) Unscheduled draws on credit enhancements reflecting financial difficulties. 2 (5) Substitution of credit or liquidity providers, or their failure to perform. (6) Adverse tax opinions or events affecting the tax-exempt status of the security. (7) Modifications to rights of security holders. (8) Contingent or unscheduled bond calls. (9) Defeasances. (10) Release, substitution, or sale of property securing repayment of the securities. (11) Rating changes. (b) Whenever the District obtains knowledge of the occurrence of a Listed Event, the District shall as soon as possible determine if such event would be material under applicable Federal securities law. (c) If the District determines that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, the District shah promptly file a notice of such occurrence with the Municipal Securities Rulemaking Board and each State Repository. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(8) and (9) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds pursuant to the Indenture of Trust. Section 6. Termination of Reporting Obligation. The District's obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). Section 7. Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be Wells Fargo Bank, National Association. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Indenture of Trust for amendments to the Indenture of Trust with the consent of holders, or (ii) does not, in the opinion of the Fiscal Agent or nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first annual financial information filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial inforn~ation being provided. If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the District to meet its obligations. To the extent reasonably feasible, the comparison shah be quantitative. A notice of the change in the accounting principles sha~i be sent to the Repositories in the same manner as for a Listed Event under Section 5(c). Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the District to comply with any provision of this Disclosure Certificate, the Fiscal Agent may (and, at the request of any Participating Underwriter or the holders of at least 25% aggregate principal amount of Outstanding Bonds, sha~i), or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Agent The Dissemination Agent shah have only such duties as are specifically set forth in this Disclosure Certificate, and the District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding ~iabihties due to the Dissemination Agent's negligence or willful misconduct. The obligations of the District under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. 4 Section 12. Notice. Any notice or other communication to be given to the District under this Continuing Disclosure Certificate may be given by delivery in writing to: City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: Any notice or other communication to be given to the Underwriter under this Continuing Disclosure Certificate may be given by delivery in writing to: Stone & Youngberg LLC 50 California Street, 35th Floor San Francisco, CA 94111 Attention: Municipal Research Group. Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriters and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: December ~ 2000 CITY OF RANCHO CUCAMONGA COM/VIUNfl Y FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) By: /s / Jack Lain City Manager Acceptance of Dissemination Agent: AGREED AND ACCEPTED: WELLS FARGO BANK, NATIONAL ASSOCIATION as Dissemination Agent By: Authorized Representative 5 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Name of Bond Issue: Date of Issuance: City of Rancho Cucamonga Community Facihties District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 (the "Bonds") December ~ 2000 NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) (the "District") has not provided an Annual Report with respect to the above-named Bonds as required by that certain Continuing Disclosure Certificate dated December ~ 2000 with respect to the Bonds. The District anticipates that the Annual Report will be filed by Dated: CITY OF RANCHO CUCAMONGA COMMLrNHy FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) cc: Fiscal Agent A-1 3 EXHIBIT B ISSUER ANNUAL REPORT City Of Rancho Cucamonga Community Facilities District No. 2000-01 (South Etiwanda) Special Tax Bonds, Series 2000 This Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate dated as of December ~ 2000 executed by the undersigned (the "District") in connection with the issuance by the District of the above-captioned bonds. (a) Financial Statements_. Attached to this Annual Report are (i) audited financial statements of the District and the City prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board, or (ii) unaudited financial statements of the District and the City (because the audited financial statements were not available by the Report Date), and the audited financial statements will be filed in the same manner as this Annual Report when they become available. (b) Yearly Report Provided to CDIAC_. Attached to this Annual Report is copy of the most recent Yearly Fiscal Status Report required to be filed by the District with the California Debt and investment Advisory Commission pursuant to the Act. The report includes the following information as of the close of the most recent fiscal year: The current minimum balance in the bond reserve fund. The outstanding principal amount of the Bonds. Balances in the bond reserve fund, construction or project fund, and any capitalized interest ~md. Assessed value of all parcels in the District subject to the Special Tax. Total amount of Special Taxes due and total amount uncollected. Total number of delinquent parcels, total amount of special taxes due on delinquent parcels, and information on foreclosure against delinquent parcels. B-1 (c) Maturity and Redemption Schedule. Below is the maturity schedule for the outstanding Bonds and a listing of Bonds redeemed prior to maturity. Maturity Schedule of Bonds Principal Early Payment Date Principal Interest Redemption (September 1) Amount Rate Price Yield Date 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 (d) Special Tax Prepayments_. Below is a listing of all parcels for which the Special Tax obligation was fully or partially prepaid for the prior fiscal year, along with the Special Tax prepayment amount. Full or Partial Prepayment Parcel APN Prepayment Amount (e) Additional Delinquency Information. · Below is a listing of all parcels were delinquent in the payment of the Special Taxes in the aggregate of $1,500 or more for the prior fiscal year: Delinquency Length of Parcel APN Amount Delinquency Total: · Below is a listing of all parcels are under common ownership and were delinquent in the payment of the Special Taxes in the aggregate of $5,000 or more during the prior fiscal year: Delinquency Length of Parcel APN Amount Delinquency Total: · If the total delinquencies within the District as of the prior June 1 exceed 5% of the total Special Tax levied for the prior fiscal year, below is a listing of all parcels that were delinquent in the payment of the Special Taxes: Delinquency Length of Parcel APN AmOunt Delinquency Total: (f) Property Ownership. Below is a listing of all property owners responsible for more than 5% of the Special Taxes as shown on the San Bernardino County Assessor's last equalized tax roll prior to the September next preceding the Report Date, and each owner's percentage share of the Special Taxes. Property Share of Special Parcel APN Owner Taxes RC Homes, LLC Palmdale Summit [(g) Value to Burden Ratio. Below is an updated version of Table 4 in the final Official Statement showing the value-to-burden calculation for the developed and undeveloped property in the District, but substituting assessed property values for the appraised values of the property in the District. ] (h) Rate and Method. Below is a statement of any changes to the Rate and Method of Apportionment of Special Tax for the District during the prior fiscal year. Dated: CITY OF RANCHO CUCAMONGA COMMUNTFY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA) 4 RESOLUTION NO. 00-_2,~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-1 (SOUTH ETIWANDA), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (this "City Council"), did previously conduct proceedings to form and did form a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), such Community Facilities District designated as COMMUNITY FACILITIES NO. 2000-1 (SOUTH ETIWANDA) (the "Community Facilities District") for the purpose of financing the acquisition of certain public improvements; and, WHEREAS, as required by the Act, this City Council has previously adopted a statement of local goals and policies concerning the use of the Act entitled the "City of Rancho Cucamonga Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (the "Goals and Policies"); and WHEREAS, this City Council has previously declared its intention to issue bonds to finance the acquisition of such improvements, such bonds to be issued pursuant to the terms and provisions of the Act and the Goals and Policies; and, WHEREAS, at this time this City Council desires to set forth the general terms and conditions relating to the authorization, issuance and administration of such bonds; and, WHEREAS, the forms of the following documents have been presented to and considered for approval by this City Council: Bond Indenture by and between the Community Facilities District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions relating to the issuance and sale of bonds (the "Bond Indenture"); Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg LLC, the designated underwriter (the "Bond Purchase Agreement"); Preliminary Official Statement containing information including but not limited to the Community Facilities District and the bonds, including the terms and conditions thereof (the "Preliminary Official Statement"); and Continuing Disclosure Certificate pursuant to which the Community Facilities District will be obligated to provide ongoing annual disclosure relating to the bonds (the "Continuing Disclosure Certificate"); and WHEREAS, this City Council, with the aid of City staff, has reviewed and considered the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Certificate and the Preliminary Official Statement and finds those documents suitable for approval, subject to the conditions set forth in this resolution; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the bonds as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed or have been ordered to have been preformed in due time, form and manner as required by the laws of the State of California, including the Act and the applicable policies and regulations of the City of Rancho Cucamonga; and WHEREAS, this City Council has also been presented with and considered the approval of the form of an Acquisition/Financing Agreement (the "Acquisition Agreement") by and between the City of Rancho Cucamonga, acting for and on behalf of itself and the District, and Pacific Communities which establishes the terms and conditions pursuant to which the authorized public improvements are to be acquired by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-01 (SOUTH ETIWANDA), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Determinations. This legislative body hereby makes the following determinations pertaining to the proposed issuance of the Bonds: (a) The Act authorizes the City Council, acting as the legislative body of the Community Facilities District, to sell the Bonds only if the City Council has determined prior to the award of the sale of the Bonds that the value of such properties will be at least 3 times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property within the Community Facilities District (collectively, "Land Secured Bonded Indebtedness"). The value of the property within Community Facilities District which will be subject to the special tax to pay debt service on the Bonds will be at least 3 times the Land Secured Bonded Indebtedness AIIocable to such properties. The foregoing determinations are based upon the full cash value of such properties and development areas as shown upon an appraisal of the subject properties prepared by Bruce Hull & Associates, a state certified real estate appraiser, as defined in Business and Professions Code Section 11340(c). Such determination was made in a manner consistent with the Goals and Policies. (b) The terms and conditions of the Bonds as contained in the Bond Indenture are consistent with and conform to the Goals and Policies. (c) As a result of the current status of development of the property within the Community Facilities District and the relative overall lack of diversity of ownership of property within the Community Facilities District, the private sale of the Bonds will result in a lower overall cost to the Community Facilities District. SECTION 3. Bonds Authorized. Pursuant to the Act, this Resolution and the Bond Indenture, special tax bonds of the Community Facilities District designated as "City of Rancho Cucamonga Community Facilities District No. 2000-1 (South Etiwanda) Special Tax Bonds, Series 2000" (the "Bonds") in an aggregate principal amount not to exceed $1,750,000 are hereby authorized to be issued. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms, covenants and conditions of the Bonds shall be as provided in the Bond Indenture as finally executed. SECTION 4. Authorization and Conditions. The City Manager and such other official or officials of the City as may be designated by this City Council (each, an "Authorized Officer") are each hereby authorized and directed to execute and deliver the final form of the various documents and instruments described in this Resolution, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $1,750,000, an annual interest rate on the Bonds in excess of seven percent (7%) per year and a purchase price for the Bonds not less than ninety seven percent (97%) of the par amount of the Bonds (excluding original issue discount, if any). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such documents or instruments by an Authorized Officer, following consultation with and review by the City Attorney and Best Best & Krieger LLP, the Community Facilities District's bond counsel. SECTION 5. Bond Indenture. The form of Bond Indenture by and between the Community Facilities District and the Fiscal Agent, with respect to the Bonds as presented to this City Council and on file with the City Clerk is hereby appreved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 4 above. SECTION 6. Official Statementand Continuin,q Disclosure Certificate. The City Council hereby approves the form of the Preliminary Official Statement as presented to this City Council and on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the City Manager or, in the absence of the City Manager, another Authorized Officer. Pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") the City Manager or, in the absence of the City Manager, another Authorized Officer is authorized to determine when the Preliminary Official Statement is deemed final, and the City Manager or such other Authorized Official is hereby authorized and directed to provide written certification thereof. The execution of the final Official Statement, which shall include such changes and additions thereto deemed advisable by the City Manager or, in the absence of the City Manager, another Authorized Officer pursuant to the Rule, shall be conclusive evidence of the approval of the final Official Statement by the Community Facilities District. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriter as the initial purchaser of the Bonds. The form of Continuing Disclosure Certificate as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 4 above. SECTION 7. Sale of Bonds. This City Council hereby authorizes and approves the negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of the Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the Community Facilities District upon the execution thereof by the Underwriter, subject to the provisions of Section 4 above. SECTION 8. Bonds Prepared and Delivered. Upon the execution of the Bond Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the applicable terms of the Act and the Bond Indenture, and any Authorized Officer and other responsible City officials, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to take such actions as are required under the Bond Purchase Agreement and the Bond Indenture to complete all actions required to evidence the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter. SECTION 9. Actions. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Community Facilities 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 Community Facilities District, are hereby 4 authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements, contracts, 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 Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Certificate, and any certificate, agreement, contract, and other document described in the documents herein approved. SECTION 10. Acquisition Agreement. The form of Acquisition Agreement as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to execute and deliver the final form of the Acquisition Agreement, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of the Acquisition Agreement by an Authorized Officer, following consultation with and review by the City Attorney and Bond Counsel. SECTION 11. Effective Date. This resolution shall take effect from and after its adoption, 2000. PASSED, APPROVED, And ADOPTEDthis AYES: NOES: ABSENT: day of ATTEST: Wdliam J. Alexander, Mayor Debra J. Adams, CMC, City Clerk THE C ~ANC~O C~CAMONGA TY OF Skiff Report DATE: TO: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Duane A. Baker, Assistant to the City Manager APPROVAL OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS, APPROVING THE FORM OF THE BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS AND ACTIONS IN CONNECTION WITH THE ISSUANCE OF BONDS FROM: SUBJECT: Recommendation it is recommended that the City Council approve the attached Resolution authorizing the issuance of bonds to acquire storm drains, streets, landscaping, water and sewer improvements in Community Facilities District (CFD) 2000-02 (Rancho Cucamonga Corporate Park). This Resolution would also approve the various documents necessary for the sale of bonds. These documents include the Bond Indenture, Bond Purchase Agreement, and Preliminary Official Statement. This Resolution will also authorize the City Manager to approve the final pricing of the bonds as long as it falls within the parameters set forth in the Resolution. These actions are consistent with prior actions of the City Council declaring the necessity and intent to sell bonds in this CFD. Backaround On November 1, 2000 the City Council, acting as the Legislative Body for CFD 2000-02, approved Resolutions 00-222 and 00-223. These Resolutions authorized an election in the CFD to incur bonded indebtedness and also declared the necessity to incur bonded indebtedness. The election was held on November 7,2000 and was unanimous in favor of incurring the bonded indebtedness. Page 2 December 6, 2000 APPROVAL OF A RESOLUTION OF THE CITY COUNCIL ACTING AS THE LEGISLATIVE BODY FOR COMMUNITY FACILITIES DISTRICT 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF BONDS, APPROVING THE FORM OF THE BOND INDENTURE, BOND PURC The bonds are being sold to provide funds to acquire needed public facilities in the vicinity of this CFD. The facilities are storm drains, streets, landscaping, water and sewer improvements. The debt service for these bonds will be secured by the special tax levied in this CFD. Only the property owners in this CFD will be responsible for the obligations of the bonds. This Resolution also approves the forms of the Bond Indenture, Bond Purchase Agreement, Preliminary Official Statement and Continuing Disclosure Certificate and authorizes the City Manager to approve the final forms of these documents subject to review by the City Attorney and Bond Counsel. These documents are required for the bond sale to proceed. These documents are included under separate cover. The Bond Indenture spells out the responsibilities of the CFD to the bondholders. The Bond Purchase Agreement covers the arrangement of the sale of the bonds to the underwriter. The Preliminary Official Statement is a document for potential investors disclosing necessary information about the CFD, the bonds and the subject properties. The Continuing Disclosure Certificate is required by the Securities and Exchange Commission to insure that changes in conditions in the CFD that will be of interest to investors and bondholders will be reported. Finally, this Resolution authorizes the City Manager to approve the final pricing of the bonds that will be negotiated with the underwriter within the parameters set forth in the Resolution. Because this action is consistent with the intent and past actions of the City Council, your approval is recommended. Respectfully submitted, uane A. Baker Assistant to the City Manager Attachments for Item #3 on City Council Agenda - City Manager' Staff Reports December 6, 2000 29079-99 JH:SRF 10/02/00 10/24/00 11/02/00 AGENDA COPY 11/07/00 PRELIMINARY OFHCIAL STATEMENT DATED , 2000 NEW ISSUE--BOOK-ENTRY ONLY NOT RATED In the Opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, subject to certain qualifications described herein, under existing law, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, although for the purposes of computing the alternative minimum tax imposed on certain corporations, such interest is taken into account in determining certain income and earnings. In the farther opinion of Bond Counsel, such interest is exempt from Cal~ornia personal income taxes. See "CONCLUDING INF. ORMATION - TAX MATFERS., $7,000,000 City Of Rancho Cucamonga Community Facilities DistricI No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 Dated: Date of Delivery Due: Septemberl, as shown below The City of Rancho Cucamonga Community Facilities Districl No. 2000-02 (Rancho Cucamonga Corporate Park) (the "IZ~sh'ict') is issuing its Special Tax Bonds, Series 2~00 (the "Bonds") ~o provide Innds for the acquisition and conseuction of certain public street improvements and water and sewer improvements lo Serve property located within the District. The proceeds of the Bonds will also provide funds to fund a Reserve Fund for the Bonds, to fund capitalized inlerest on the Bonds al~d to pay co>sis associated with the issuance of the Bonds. The Bonds are being issued under the Mello-Roos Community Facilities Act of 1982, as amended (the "Melio-Roos Law"), and a Bond Indenture dated as of November 1, 2000 (the "Indenture"), by and between the Disnict and Wells Fargo Bank, National ASsociation, as fiscal agent (the "Fiscal Agent"). The District will covenant in the Indenture not to issue any additional bonds secu~d on a parily with the Bonds other than refunding Bonds or other refunding obligations payable from the Special Taxes on a parity with the outstanding Bonds so long as the total annual debt service is reduced. The Bonds axe payable from the proceeds of an annual Special Tax to be levied on property located within the Dtslxict and from certain other funds pledged under the Indenture. The Special Tax is to be levied according to the rate and method of apportionmenl approved by a vote of the qualified landowner electors within the District, See Appendix D - "Rate and Method of Apportionment of Special Tax." The Special Taxes are to be collecled in the same manner and at the same time as ad valorera property taxes are collected by the County of San Bernardino and, when received, will be placed in the Special Tax Fund established and maintained by the Fiscal Agent. The Special Taxes are secured by a lien on the real property within the Dislrict and do nol constitute a personal indebtedness of the respective landowners. Accordingly, in the event of delinquency, proceedings may be had only against the real property securing the delinquent Special Taxes. Thus, the value of the ]and wilhln the District is a critical factor in determining the investment quality of the Bonds. See ~SECURITY FOR THE BONDS~ and "THE DISTRICT - Appraisal Of Parcels Within The District.~ The Bonds will be issued in fully registered form only, and, when executed and delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (collectively referred to as "DTC'), DTC will act as securities dep~situry for the Bonds. Ownership interest in the Bonds may be purchased in book-entry form only, in denominations of $5,000 or any integral multiple thereof. Purchasers will not receive physical certiticates representing their ownership interest in the Bonds, bul will receive a credi~ balance on the books of the nominees of such purchasers, The Bonds wtil not be transferable or exchangeable, except for transfer to another nominee ed DTC, or to a successor securities depository. Interest on the Bonds accrues from their dale, and is payable on March 1 and September 1 of each year, commencing March 1, 2001. Principal, premium (if any), and Inlerest due on the Bonds will be paid by the Fiscal Agent to DTC or its nominee, which will in turn remit such payments to its participants for subsequent disbursement to the beneficial owners of interest tu the Bonds. See "APPENDIX F - K)OK-ENTRY ONLY SYSTEM". The Bonds are subject to redemption prior lo maturity, as more fully described in this Official Statement. See "THE BONDS - Redemption Of Bonds". NEITHER THE FAITH AND CREDIT NOR THE GENERAL TAXING POWER OF THE CITY, THE COUNTY OF SAN BERNARDINO, THE STATE OF CALIFORNIA, NOR ANY POLITICAL SUBDIVISION THEREOF IS PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE DISTRICT OR THE CITY BUT ARE LIMITED OBLIGATIONS OF THE DISTRICT PAYABLE SOLELY FROM THE PROCEEDS OF THE SPECIAL TAX AND CERTAIN FUNDS ESTABLISHED UNDER THE INDENTURE AND HELD BY THE FISCAL AGENT, AS MORE FULLY DESCRIBED IN THIS OFFICIAL STATEMENT. This cover page contains information for quick reference only. It is not a summary of the issue. Prospective purchasers must read the enlire Official Stalemerit to obtain information essential to the making of an informed inveslment decision. See "BONDOWNERS' RISKS~ for a discussion of factors thai should be considered, in addition to the other malters set forth in this Official Statement, in evaluating the investment quality of the Bonds. MATURITY SCHEDULE 2003 2004 2005 2006 2007 2008 Price or Maturity Date Principal yiel~l fSevtember 1) ~tmounl 2009 2010 2011 2012 2013 2014 2015 % Term Bonds Due September l, 2020-Price % Interest Price or Rat__e Yield The Bonds are offered when, as and if issued and accepted by the Underwriter subject to the approval as to their legality by Best Best & Krieger LLP, San Diego, California, Bond Counsel, and certain other conditions. Certain legal matters will be passed upon for tile Underwriter by its counsel, Jones Hall, A Professional Law Corporation, San Francisco, California. It is anticipated that the Bonds in b6ok-entry form will be available for delivery to DTC in New York, New York on or about December ~ 2000. Stone & Youngberg LLC Dated: December ~ 2000 · preliminary, subject to change. CITY OF RANCHO CUCAMONGA MAYOR AND CITY COUNCIL William J. Alexander, Mayor Diane Williams, Mayor Pro Tempore James V. Curatalo, Councilmember Paul Biane, Councilmember Robert Dutton, Councilmember OTHER ELECTED OFFICIALS James C. Frost, City Treasurer Debra Adams, City Clerk CITY STAFF Jack Lam, City Manager Duane Baker, Assistant to the City Manager Joe O'Neil, City Engineer Rick Gomez, Community Development Director Tamara L. Layne, Finance Officer James L. Markman, City Attorney Lawrence I. Temple, Administrative Services Director BOND COUNSEL Best Best & Krieger LLP San Diego, California FINANCIAL ADVISOR Fieldman, Rolapp & Associates Irvine, California FISCAL AGENT Wells Fargo Bank, National Association Los Angeles, California SPECIAL TAX CONSULTANT Willdan/MuniFinancial Temecula, California APPRAISER Bruce W. Hull & Associates, Inc. Ventura, California TABLE OF CONTENTS INTRODUCTORY STATEMENT .......................... 1 General ..................................................................1 Authority For Issuance .......................................1 The District ...........................................................1 Purpose Of The Bonds ........................................1 Description Of The Bonds ..................................2 Security For The Bonds ......................................2 Risk Factors ..........................................................3 Tax Matters ...........................................................3 Professionals Involved In The Offering .......... 3 Continuing Disclosure ........................................3 FINANCING PLAN .................................................4 Financing Purpose .............................~ .................4 Estimated Sources And Uses Of Funds ........... 4 THE BONDS ..............................................................6 Authority For Issuance .......................................6 Description Of The Bonds ..................................6 Redemption Of Bonds ......................: .................6 Debt Service Schedule ........................................9 SECURITY FOR THE BONDS .............................10 Limited Obligation ............................................10 The Special Tax ..................................................10 The Special Tax Formula ..................................12 Estimated Maximum Special Tax Proceeds and Debt Service Coverage Ratio .....................................................................13 Reserve Fund ......................................................14 Delinquent Special Taxes; Covenant To Foreclose .............................................................15 No Issuance of Additional Indebtedness ...... 16 THE DISTRICT .......................................................18 General Description And Location Of The District .........................................................18 Environmental Conditions ..............................18 Facilities To Be Financed With The District Bonds .....................................................18 Appraisal Of Parcels Within The District 2ffZ Value to Lien Ratio ............................................21: Cumulative Tax, Assessment and Fee Burden on Property ...........................................21'i OWNERSHIP OF PROPERTY W1THIN THE DISTRICT .................................................................24' PROPOSED DEVELOPMENT WITHIN THE DISTRICT .................................................................26 BONDOWNERS' RISKS ........................................31 Not A General Obligation Of The District or the City ...........................................................31 Levy Of The Special Tax ...................................31 Exempt Properties .............................................32 Collection Of The Special Tax .........................32 Not A Personal Obligation ...............................33 Concentration Of Property Ownership ......... 33, Parity Taxes And Special Assessments ......... 33 Land Values and Development ...................... 34 Disclosures To Future Purchasers .................. 36 Bankruptcy and Foreclosure Delays .............. 36 Proposition 218 And The Initiative Power ...38 Limitation On Remedies; No Acceleration ...39 Loss Of Tax Exemption ....................................39 Secondary Markets And Prices .......................39 CONCLUDING INFORMATION ....................... 40 Tax Matters .........................................................40 Legal Opinions ...................................................40 Litigation .............................................................40' Continuing Disclosure ......................................41 No Rating ............................................................41 Underwriting ......................................................42 Professional Fees ................................................42 Miscellaneous .....................................................42' APPENDIX A APPENDIX B APPENDIX C APPENDIX D APPENDIX E APPENDIX F APPENDIX G Summary Appraisal Report Rate And Method Of Apportionment Of Special Tax Summary Of The Indenture Book-Entry Only System Forms Of Continuing Disclosure Certificates Proposed Form Of Opinion Of Bond Counsel General Information About The City Of Rancho Cucamonga The purpose of this Official Statement is to supply information to prospective purchasers of the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 (the "Bonds") issued by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") under the Mello-Roos Community Facilities Act of 1982, as amended. This Official Statement is submitted in connection with the sale of the Bonds and may not be reproduced or used, in whole or in part, for any other purpose. This Official Statement does not constitute a contract between any Bondowner and the District or the Underwriter. The information contained in this Official Statement has been obtained from sources that are believed to be reliable, but this information is not guaranteed as to accuracy or completeness. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Statements contained in this Official Statement that involve estimates, forecasts,' or other matters of opinion, whether or not expressly so described, are intended solely as such and are not to be construed as representations of fact. Further, the information and expressions of opinion stated herein are subject to change without notice. This Official Statement speaks only as of its date, and the information and expressions of opinion contained in this Official Statement are subject to change without notice. Neither the delivery of this Official Statement nor any sale of the Bonds will, under any circumstances, create any implication that there has been no change in the affairs of the District, the City of Rancho Cucamonga (the "City"), any other parties described in this Official Statement, or in the condition of property within the District since the date of this Official Statement. All summaries of the Bond Indenture dated as of November 1, 2000, or other documents are made subject to the provisions of such documents and do not purport to be complete statements of any or all such provisions. All references in this Official Statement to the Indenture and such other documents are qualified in their entirety by reference to such documents, which are on file with the District. No dealer, broker, salesperson or other person has been authorized by the District to give any information or to make any representations other than as contained in this Official Statement, and, if given or made, such other information or representation must not be relied upon as having been given or authorized by the District, the City or the Underwriter. This Official Statement does not constitute an offer to sell or a solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. The issuance and sale of the Bonds have not been registered under the Securities Act of 1933 or the Securities Exchange Act of 1934, both as amended, in reliance upon exemptions provided thereunder by Sections 3(a)(2) and 3(a)(12), respectively, for the issuance and sale of municipal securities. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR REFLECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE UNDERWRITER MAY OFFER AND SELL THE BONDS TO CERTAIN DEALERS AND DEALER BANKS AND BANKS ACTING AS AGENT AT PRICES LOWER THAN THE PUBLIC OFFERING PRICES STATED ON THE COVER PAGE OF THIS OFFICIAL STATEMENT, AND SAID PUBLIC OFFERING PRICES MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITER. REGIONAL LOCATION MAP AERIAL PHOTO OF THE DISTRICT OFFICIAL STATEMENT $7,000,000' City Of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 INTRODUCTORY STATEMENT General The purpose of this Official Statement, which includes the cover page and attached Appendices, is to provide certain information concerning the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"). The Bonds are being issued under a Bond Indenture (the "Indenture") dated as of November 1, 2000, by and between the District and Wells Fargo Bank, National Association, a national banking association, as fiscal agent (the "Fiscal Agent"). This introduction is subject in all respects to the more complete information set forth in this Official Statement. All capitalized terms used in this Official Statement and not otherwise defined have the same meaning as in the Indenture. See "APPENDIX C - Summary Of The Indenture - Definitions". Authority For Issuance The Bonds will be issued under the Mello-Roos Community Facilities Act of 1982, as amended, constituting Sections 53311 et seq. of the California Government Code (the "Mello- Roos Law"), the approving vote of the eligible landowner voters of the District, a resolution of the City Council of the City of Rancho Cucamonga (the "City"), acting in its capacity as the legislative body of the District, and the Indenture. The City Council has authorized the issuance and delivery of the Bonds in the principal amount of $7,000,000. The District The District was formed by the City on November 7, 2000 under the Act following a public hearing held on October 18, 2000 (and continued to November 1, 2000), and a landowner election at which the sole qualified elector of the District approved the levy of special taxes and the issuance of bonds secured by such special taxes. All of the property in the District is owned by Catellus Development Corporation. See "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT" and "PROPOSED DEVELOPMENT WH'HIN THE DISTRICT." Purpose Of The Bonds The Bonds are being issued to provide funds for the acquisition and construction of certain public street improvements and water and sewer improvements (collectively, the · Preliminary; subject to change. "Facilities") within the District, to fund a Reserve Fund for the Bonds, to fund capitalized interest on the Bonds and to pay costs associated with the issuance of the Bonds. The Facilities to be financed with the Bonds are anticipated to consist of public street improvements required for the development of the property in the District, including improvements to Milliken Avenue, Arrow Route and Foothill Boulevard, and water and sewer improvements to be acquired and operated by the Cucamonga County Water District CCCWD") under a Joint Community Facilities Agreement dated as of ,2000 by and between the City and CCWD. See "THE DISTRICT - Facilities To Be Financed With The District Bonds". Description Of The Bonds Payments. The Bonds are dated their date of delivery and mature in the amounts and in the years, and bear interest at the rates set forth on the cover page of this Official Statement. Interest on the Bonds will be payable on each March 1 and September 1 each year, beginning March 1, 2001. Registration, book-entry provisions, 'denominations. The Bonds will be delivered in fully registered form only and, when delivered, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York CDTC"). DTC will act as securities depository of the Bonds. Ownership interests in the Bonds may be purchased in book-entry form only in the principal amount of $5,000 or any integral multiple. See "APPENDIX D - Book-Entry Only System". Transfer and exchange. If the book-entry only system described below is no longer used with respect to the Bonds, the Bonds may be transferred and exchanged in accordance with the indenture. Redemption provisions. The Bonds are subject to optional, extraordinary mandatory and mandatory sinking fund redemption prior to their respective maturity dates. See "THE BONDS - Redemption Of Bonds". Security For The Bonds Limited Obligation. Neither the full faith and credit nor the general taxing power of the City, the County of San Bernardino (the "County"), the State of California, or any political subdivision thereof is pledged to the payment of the Bonds. The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from the proceeds of the Special Tax (defined below) and other sources described in the Indenture. The Special Tax. Payments of interest on and principal of the Bonds are to be made from the proceeds of a special tax (the "Special Tax") authorized to be levied annually by the District on all Taxable Land (as defined in Appendix B) in the District under the Mello-Roos Law and in accordance with the landowner election held in the District and the Rate and Method of Apportionment of Special Tax (the "Special Tax Formula"). See "SECURITY FOR THE BONDS - The Special Tax" and ,,z The Special Tax Formula". Appraised Value of Property Within the District and Value to Lien Ratio. An appraisal of the market value of the fee simple estate in the land within the District has been prepared by Bruce W. Hull & Associates of Ventura, California, which is attached as Appendix A. See "THE DISTRICT - Appraisal Of Parcels Within The District" and "THE DISTRICT - Value to Lien Ratio" for a summary of appraised values and esfimated value-to- lien ratios. See also "THE DISTRICT - Cumulative Tax, Assessment, And Fee Burden On Property" for a description of certain additional debt or other obligations secured by liens on the property. No Additional Bonds. The District will covenant in the Indenture not to issue any additional bonds secured on a parity with the Bonds; provided, however, that the District may issue refunding Bonds or other refunding obligations payable from the Special Taxes on a parity with the outstanding Bonds so long as the total annual debt service is reduced. See "SECURITY FOR THE BONDS - No Issuance Of Additional Indebtedness". Reserve Fund. The Indenture establishes a Reserve Fund, which is required to be funded in an amount equal to the Reserve Requirement, which is equal to the least of (i) the maximum Debt Service payable under the Indenture in the current or any future Bond Year, (ii) 125% of average Debt Service payable under the Indenture in the current or any future Bond Year, and (iii) 10% of the original principal amount of the Bonds. See "SECURITY FOR THE BONDS - Reserve Fund". Risk Factors Certain events could affect the ability of the District to pay debt service on the Bonds when due. See "BONDOWNERS' RISKS" for a discussion of certain factors that should be considered, in addition to other matters set forth in this Official Statement, in evaluating an investment in the Bonds. Tax Matters In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing laws, regulations, rulings and court decisions, the interest on the Bonds is exempt from personal income taxes of the State of California and, assuming compliance with certain covenants described in this Official Statement, is excluded from gross income for federal income tax purposes and is not a specific preference item for purposes of the federal alternative minimum tax. Set forth in Appendix F is the opinion of Bond Counsel expected to be delivered in connection with the issuance of the Bonds. For a more complete discussion of Bond Counsel's opinion and certain other tax consequences incident to the ownership of the Bonds, including certain exceptions to the tax treatment of interest, see "CONCLUDING INFORMATION - Tax Matters". Professionals Involved In The Offering Wells Fargo Bank, National Association, will serve as Fiscal Agent for the Bonds. The Bonds will be delivered subject to approval as to their validity by Best Best & Krieger LLP, San Diego, California, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by its counsel, Jones Hall, A Professional Law Corporation, San Francisco, California, and for the City and the District by Richards, Watson & Gershon. An appraisal of the property within the District has been prepared by Bruce W. Hull & Associates, Ventura, California. Willdan/MuniFinancial, of Temecula, California, has served as special tax consultant to the District for the financing. Continuing Disclosure The District and the property owner will covenant for the benefit of the Bondowners to provide periodic reports containing certain financial information and operating data relating to 3 the District, and to provide notices of the occurrence of certain enumerated events, if material. The specific nature of the information to be contained in these reports and the notices of material events is set forth in "APPENDIX E - Forms Of Continuing Disclosure Certificates". See also "CONCLUDING INFORMATION - Continuing Disclosure". FINANCING PLAN Financing Purpose The Bonds are being issued to provide funds for the following purposes: · To finance the acquisition and construction of the Facilities, which consist of public street improvements to Milliken Avenue, Arrow Route and Foothill Boulevard, and water and sewer improvements to be acquired and operated by CCWD. See "THE DISTRICT - Facilities To Be Financed With The District Bonds". · To pay the costs of issuing the Bonds. · To fund a Reserve Fund for the Bonds. · To fund capitalized interest on the Bonds through September 1, 2001. Estimated Sources And Uses Of Funds The following table sets forth the estimated sources and uses of funds for the acquisition and construction of the Facilities and the issuance of the Bonds: TABLE 1 City of Rancho Cucamonga, Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Estimated Sources And Uses Of Funds SOURCES OF FUNDS Principal Amount of the Bonds Less: Underwriter's Discotmt Total Sources of Funds $ () $ USES OF FUNDS Deposit to Acquisition Fund Deposit to Interest Account of the Bond Service Fund [1] Deposit to Reserve Fund [2] Deposit to Costs of Issuance Fund Deposit to Administrative Expense Fund [31 Total Uses of Funds [11 [21 [31 Represents a portion of the capitalized interest accruing on the Bonds from their date of delivery to and including September 1, 2001. The District has assumed that the remaining amount necessary to pay interest on the Bonds through September 1, 2001 will be funded from interest earnings on the initial deposit into the Interest Account of the Bond Service Fund and the Reserve Fund (at an assumed rate of 5 percent). Equal to the Reserve Requirement. Represents anticipated administrative expenses of the District through September 2001. THEBONDS Authority For Issuance The Mello-Roos Law was enacted by the California Legislature to provide an alternate method of financing certain public capital facilities and services, especially in developing areas of the State of California. Once duly established, a community facilities district is a legally constituted governmental entity within defined boundaries, with the governing board or legislative body of the local agency that established the district acting on its behalf. Subject to approval by a two-thirds vote of qualified electors and compliance with the provisions of the Mello-Roos Law, a legislative body of a local agency may issue debt securities for a community facilities district and may levy and collect a special tax within such district to repay such indebtedness. Under the Mello-Roos Law, the City Council (the "City Council") of the City has taken the following actions: · On November 1, 2000, the City Council, following a public hearing held on October 18, 2000 (and continued to November 1, 2000), adopted Resolution No. ~ establishing the District and: calling a special mailed-ballot election to authorize the issuance of bonds and the levying of a special tax within the District. · On November 7, 2000, the sole eligible landowner voter of the District authorized the issuance of bonds in a principal amount of $7,000,000 to finance the acquisition and construction of the Facilities, established an annual appropriations limit for the District, and approved the maximum rate and method of apportionment of the Special Tax to pay debt service on Bonds issued to finance the Facilities. · On Novemberl5, 2000, the City Council adopted Resolution No. __ approving and confirming the canvass of the votes cast in the election. · On November 15, 2000, the City Council adopted a resolution approving the issuance of the Bonds. Description Of The Bonds The Bonds will mature on the dates and in the principal amounts and will bear interest at the rates per annum set forth on the cover page of the Official Statement. Interest on the Bonds will accrue from their date, and will be payable semiannually on March 1 and September 1 each year (each an "Interest Payment Date") commencing March 1, 2001. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. The Bonds will be issued in fully registered form without coupons in the denomination of $5,000 or any integral multiple. All of the Bonds, when issued, will be registered in the name of Cede & Co., as nominee of The Depository Trust Company CDTC"), New York, New York, which will act as securities depository for the Bonds. Purchasers will not receive physical certificates representing their interests in the Bonds. Principal of and interest on the Bonds will be paid by the Fiscal Agent to DTC for subsequent disbursement to DTC Participants, who will remit such payments to the beneficial owners of the Bonds. See "APPENDIX D - Book-Entry Only System". Redemption Of Bonds Optional Redemption. The Bonds maturing on and after September 1, 2009 may be redeemed at the option of the District prior to maturity as a whole, or in part on any Interest Payment Date on and after September 1, 2008, from such maturities as are selected by the District, and by lot within a maturity, from any source of funds, at the following redemption prices (expressed as percentages of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption: Redemption Dates Redemption Price September 1, 2008 or March 1, 2009 September 1, 2009 or March 1, 2010 September 1, 2010 or thereafter 102% 101 100 Extraordinary Mandatory Redemption From Proceeds of Special Tax Prepayment. The Bonds are subject to redemption on any Interest Payment Date, prior to maturity, as a whole or in part on a pro rata basis among maturities from the prepayment of Special Taxes under the Special Tax Formula. An Authorized Representative of the District will deliver written instructions to the Fiscal Agent not less than 60 days prior to the redemption date directing the Fiscal Agent to use the Special Tax Revenues transferred to the Principal Account of the Bond Service Fund to redeem Bonds. Such redemption will be 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: Redemption Dates Redemption Price On or before March 1, 2007 September 1, 2008 or March 1, 2009 September 1, 2009 or March 1, 2010 September 1, 2010 or thereafter 103% 102 101 100 Mandatory Sinking Fund Redemption. The Bonds maturing on September 1, 2020 are subject to mandatory sinking fund redemption, in part by lot, on September 1 in each year commencing September 1, 2016, at a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued and unpaid interest thereon to the date fixed for redemption, without premium, in the aggregate principal amount and in the years shown on the following redemption schedule: Redemption Date (September 1) Principal Amount Redeemed 2O__ 2O__ 2O__ 20~ 20__ The Bonds maturing on September 1, 2025 are subject to mandatory sinking fund redemption, in part by lot, on September 1 in each year commencing September 1, 2021, at a redemption price equal to the principal amount of the Bonds to be redeemed, plus accrued and unpaid interest thereon to the date fixed for redemption, without premium, in the aggregate principal amount and in the years shown on the following redemption schedule: Redemption Date (September ~) Principal Amount Redeemed 20__ 20__ 20__ 20__ 20__ Selection of Bonds for Redemption. If less than all of the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to be redeemed will be in the principal amount of $5,000 or a multiple, and, in selecting portions of such Bonds for redemption, the District will treat each such Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000. Notice of Redemption. The Fiscal Agent will mail notice of intended redemption at least 30 days but not more than 45 days prior to the date of redemption, by first-class mail, postage prepaid, to the original purchasers of the Bonds and the respective registered Owners of the Bonds at the addresses appearing on the Bond registry books. In addition, the Fiscal Agent must give further notice of redemption to the registered securities depositories and national information services listed in the Indenture. No defect in providing this further notice nor any failure to give all or any portion of this further notice will in any manner defeat the effectiveness of a call for redemption if notice of redemption is given as described above. So long as notice to the Bondholders is given as set forth above, the actual receipt by the Owner of any Bond of notice of such redemption is not a condition precedent to redemption, and failure to receive such notice will not affect the validity of the proceedings for redemption of such Bonds or the cessation of interest on the date fixed for redemption. Effect of Redemption. When notice of redemption has been given to Bondholders substantially as provided above, and when the amount necessary for the redemption of the Bonds called for redemption is set aside for that purpose in the Redemption Fund, the Bonds designated for redemption will become due and payable on the date fixed for redemption, and upon presentation and surrender of those Bonds at the place specified in the notice of redemption, said Bonds will be redeemed and paid at the redemption price out of the Redemption Fund. No interest will accrue on any Bonds or portions of Bonds called for redemption from and after the redemption date specified in the notice, and the Owners of Bonds so called for redemption after such redemption date shall look for the payment of principal and premium, if any, of such Bonds or portions of Bonds only to the Redemption Fund. All Bonds redeemed will be canceled immediately by the Fiscal Agent and will not be reissued. Upon surrender of Bonds redeemed in part, a new Bond or Bonds of the same maturity will be registered, authenticated and delivered to the registered Owner at the expense of the District, in the aggregate principal amount of the unredeemed portion. All unpaid interest payable at or prior to the date fixed for redemption will continue to be payable to the respective registered owners of such Bonds or their order, but without interest on those Bonds. 8 Purchase in Lieu of Redemption. In lieu of optional, extraordinary mandatory or mandatory sinking fund redemption, the District may elect to purchase Bonds at public or private sale at such prices as the District may in its discretion determine; provided, that, unless otherwise authorized by law, the purchase price (including brokerage and other charges) of Bonds so purchased may not exceed the principal amount of those Bonds plus accrued interest to the purchase date. Debt Service Schedule The table below sets forth the scheduled payments of principal and interest for the Bonds, including annual debt service totals. TABLE 2 City of Rancho Cucamonga, Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Debt Service Schedule (1] Payment Date (September 1) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 TOTAL Annual Principal Annual Annual Maturing Interest Payments |11 Debt Service Represents total annual interest payments. Interest is payable on March 1 and September 1 of each year. Interest payable through September 1, 2001 has been capitalized from Bond proceeds. 9 * , SECURITY FOR THE BONDS Debt service on the Bonds is payable from the proceeds of the annual Special Tax levied on the taxable property within the District under the rate and method of apportionment (the "Special Tax Formula") approved by the eligible landowner voters within the District. The Bonds are secured by a lien on the taxable real property within the District, as defined in the Special Tax Formula, and by the Bond Reserve Fund established under the Indenture. The Special Taxes are not a personal indebtedness of the landowners. Limited Obligation Neither the full faith and credit nor the general taxing power of the City, the County, the State of California, or any political subdivision thereof is pledged to the payment of the Bonds. The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from the proceeds of the Special Tax and other sources described in the Indenture. The Special Tax Approval of the Special Tax. On November 1, 2000, the City Council established the District in accordance with the provisions of the Mello-Roos Law. In a landowner election subsequently held by mail, the sole qualified landowner elector within the District authorized the issuance of Bonds in the principal amount of $7,000,000 and the levy of the Special Tax according to the Special Tax Formula, a copy of which is attached as Appendix B. The City Council, acting as the legislative body of the District, will establish tax rates to levy and apportion the Special Tax against property within the District on an annual basis. District Covenant to Levy the Special Tax. Under the Indenture, the District is required to comply with all requirements of the Mello-Roos Law so as to assure the timely collection of the Special Taxes. Prior to July 1 of each year, the District must ascertain the parcels on which the Special Taxes are to be levied in the following Fiscal Year, taking into account any subdivisions of parcels during the current Fiscal Year. The District will effect the levy of the Special Tax in accordance with the Special Tax Formula and the Mello-Roos Law each Fiscal Year so that the computation of the levy is complete and transmitted to the County Auditor as needed for inclusion on the next real property tax roll. Duration of Special Tax Levy. The Special Tax is authorized to be levied for as long as needed to pay debt service on bonds issued to fund the Facilities, but not later than fiscal year 2035-36. Covenant Not to Reduce Special Tax Rates Unless Certain Conditions Are Met. The District will covenant in the Indenture, to the maximum extent permitted by law, that it will not initiate proceedings to reduce the Maximum Special Tax Rates (as such term is defined in the Special Tax Formula), unless the following conditions are met: (i) the District receives a certificate from one or more Special Tax Consultants which, when taken together, certify that, on the basis of the parcels of land and improvements existing in the District as of the July 1 preceding the reduction, the Maximum Annual Special Tax which may be levied on all Assessor's Parcels (as such term is defined in the Special Tax Formula) of taxable property on which a completed structure is located in each Fiscal Year will equal at least 110% of the gross debt service 10 on all Bonds to remain Outstanding after the reduction is approved, and will not reduce the Maximum Annual Special Tax payable from parcels on which a completed structure is located to less than 110% of Maximum Annual Debt Service, and (ii) the City Council, acting as the legislative body of the District, finds that any reducfion made under such conditions will not adversely affect the interests of the Owners of the Bonds. Any reduction in the Maximum Annual Special Tax approved by the District as described above may be approved without the consent of the Owners of the Bonds. The District will covenant in the Indenture that, if any initiative is adopted by the qualified electors which purports to reduce the Maximum Annual Special Tax below the levels authorized under the Special Tax Formula, or to limit the power or authority of the District to levy Special Taxes under the Special Tax Formula, the District will commence and pursue legal acfion in order to preserve the authority and power of the District to levy Special Taxes, from funds available under the Indenture. Manner of Collection. The Special Tax will be collected in the manner and at the same time as ad valorem property taxes are collected by the County. In cases of delinquency, the Special Tax will generally be subject to the same penalties and the same procedures, sale and lien priority as is provided for ad valorem property taxes. However, the District will covenant in the Indenture to pursue foreclosure under certain circumstances using the accelerated foreclosure provisions of the Mello-Roos Law. See "- Delinquent Special Taxes; Covenant to Foreclose" below. Taxes are levied by the County for each fiscal year on taxable real property that is situated in the County as of the preceding January 1. Property taxes on the secured roll (that is, taxes against real property having a tax lien that is sufficient, in the opinion of the County Assessor, to secure payment of the taxes) are due in two installments, on November 1 and February 1 of each fiscal year. If unpaid, such taxes become delinquent on December 10 and April 10, respectively, and a 10% penalty attaches to any delinquent payment. Property on the secured roll with respect to which taxes are delinquent become tax defaulted on June 30 of the fiscal year; such property may thereafter be redeemed by payment of the penalty set forth in the Revenue and Tax Code, together with the defaulted taxes, the delinquency penalty, costs, and a redemption fee. If taxes are unpaid for a period of five years or more, the property is subject to auction sale by the County. Because the District does not participate in the "Teeter Plan" (which is the County's Alternative Method of Distribution of Tax Levies and Collections and of Tax Sale Proceeds, as provided for in Section 4701 et seq. of the California Revenue and Taxation Code), collections of assessments and Special Taxes will reflect actual delinquencies. Deposit and Application of Special Taxes. Under the Indenture, all proceeds of the annual Special Tax (except prepayments of the Special Tax) are to be deposited in the Special Tax Fund established by the Indenture, and applied as follows: · first to the Administrative Expense Fund in an amount equal to the Administrative Expense Requirement, · then to the Interest Account and the Principal Account of the Bond Service Fund to pay bond debt service payments on all outstanding Bonds, 11 · then to the Reserve Fund to the extent necessary to replenish the Reserve Fund to the Reserve Requirement, · then to the Rebate Fund to fund any amount rebatable to the United States government and · then to the Administrative Expense Fund to pay Administrative Expenses of the District (a) which the District reasonably expects will bedome due and payable during the Fiscal Year in which such Special Taxes are levied or the cost of Administrative Expenses previously incurred and paid from funds other than the Administrative Expense Fund and (b) the cost of which the District reasonably expects will be greater than the Administrative Expense Requirement for such Fiscal Year. All money remaining in the Special Tax Fund on September 1 of each year after the applications of funds described above will remain in the Special Tax Fund See "APPENDIX C - Summary Of The Indenture." Special Tax is not a Personal Obligation. Although the Special Tax will constitute a lien on property subject to taxation within the District, it does not constitute a personal indebtedness of the owners of such property. There is no assurance that the property owners will be financially able to pay the annual Special Tax or that they will pay such tax even if financially able to do so. The risk of the property owners not paying the annual Special Tax is more fully described in "BONDOWNERS' RISKS - Collection Of The Special Tax." The Special Tax Formula General. The Special Tax Formula is used to allocate the amount of the Special Tax that is needed to be collected each fiscal year on the taxable property in the District, based on the development status of each parcel, subject to a maximum Special Tax rate that may be levied against each category of Taxable Parcel. The following is a synopsis of the provisions of the Special Tax Formula. See "APPENDIX B - Rate And Method Of Apportionment Of Special Tax" for the complete text of the Special Tax Formula. The meaning of the defined terms used in this section are as set forth in Appendix B. Classification of Parcels and Assignment of Maximum Special Tax Rate. At the beginning of each Fiscal Year, the District will. cause each Parcel to be classified as a Tax-Exempt Parcel or a Taxable Parcel. The District will then assign each Taxable Parcel a Maximum Annual Special Tax, which initially is $3,896 per Taxable Acre. On each July 1, beginning July 1, 2002, the Maximum Annual Special Tax will be increased by 2% of the amount in effect for the previous Fiscal Year. Annual Apportionment of Special Taxes. Commencing with the first Fiscal Year for which the Special Tax is levied and for each following Fiscal Year, the Council will determine the Special Tax Requirement and levy the Special Tax until the amount of Special Taxes levied equals the Special Tax Requirement. The "Special Tax Requirement" is defined for any Fiscal Year as the total of (i) Debt Service for such Fiscal Year; (ii) related Administrative Expenses for such Fiscal Year; (iii) any amounts needed to replenish the Reserve Fund to the Reserve Requirement; and (iv) the amount, if any, equal to reasonably anticipated Special Tax delinquencies for the current Fiscal Year, less a credit for funds available to reduce the annual Special Tax levy as determined under the Indenture. 12 The Special Taxes will be levied each Fiscal Year as follows: (1) The Special Tax will be levied on each Taxable Parcel in an amount equal to 100% of the applicable Maximum Annual Special Tax; or (2) if the Special Tax Requirement will be satisfied by an amount less than the Maximum Annual Special Tax, the Special Tax will be levied proportionally on each Taxable Parcel at less than 100% of the Maximum Annual Special Tax. Prepayment of The Special Tax Obligation. Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the District as permitted under Government Code Section 53344. Prepayment is permitted only under the following conditions: · The District determines that the prepayment of the Facilities Special Tax Obligation does not jeopardize its ability to make timely payments of Debt Service on Outstanding Bonds. No Special Tax prepayment will be allowed unless the Maximum Annual Special Tax that may be levied on all Taxable Parcels other than the Payoff Parcel is at least 110% of the maximum annual Debt Service on the Outstanding Bonds. · Any property owner prepaying the Special Tax Obligation must pay any and all delinquent Special Taxes and penalties for the Payoff Parcel prior to prepayment. The prepayment amount will generally equal the parcel's allocated share of Bond debt service, less its allocated share of the amount in the Reserve Fund, plus Debt Service not yet paid for the current year and all fees, call premiums, and expenses incurred by the District in connection with the prepayment, all as set forth in Appendix B. Exemptions. The Special Tax Formula defines Tax-Exempt parcels as follows, in each case determined as of January 1st of each year: (a) any Parcel owned by a governmental entity, or irrevocably offered for dedication to a governmental entity, (b) any Parcel that constitutes public right-of-way or is encumbered by an unmanned utility easement, making impractical its utilization for other than the purpose set forth in the easement, or (c) any Parcel assigned a zero value by the San Bernardino County Assessor. Notwithstanding the foregoing, (i) a Taxable Parcel acquired by a public entity after formation of the CFD by means of negotiated transaction, or by gift or devise, or by eminent domain proceedings, will remain a Taxable Parcel, and (ii) if a public agency owning a Tax- Exempt Parcel, including a Tax-Exempt Parcel held in trust for any beneficiary, grants a leasehold or other possessory interest in the parcel to a non-exempt person or entity, the Special Tax will be levied on the leasehold or possessory interest and will be payable by the owner of the leasehold or possessory interest. See "BONDOWNERS' RISKS - Exempt Properties". Estimated Maximum Special Tax Proceeds and Debt Service Coverage Ratio 13 For fiscal year 2001-02 (the first year in which Special Taxes will be levied), the annual maximum special tax from the parcels in the District, the maximum annual debt service expected to be due on the Bonds and the resulting debt service coverage ratio are estimated to be as follows: Annual Annual Maximum Maximum Tax Debt Service~ Debt Service (2001-02) (2001-02) Coverage Ratio $536,791 $481,985 111% The annual maximum tax is anticipated to escalate while the Bonds are outstanding at a rate of approximately 2% per year, and the debt service on the Bonds is anticipated to escalate while the Bonds are outstanding at a rate of approximately 1.5% per year. For fiscal year 2024-25 (the last anticipated fiscal year in which the Bonds will be outstanding), the annual maximum tax, annual maximum debt service and debt service coverage ratio are estimated to be as follows: / Annual Annual Maximum Debt Service Maximum Tax Debt Service* Coverage Ratio f2024-25) (2024-25) (2024-25) $846,465 $685,635 123% The average annual maximum tax, average annual maximum debt service and average annual debt service coverage ratio for the life of the Bonds are estimated to be as follows: Annual AnnualMaximum DebtService MaximumTax Debt Service* Coverage Ratio (Average) (Average) (Average) $680,424 $576,152 118% Reserve Ffnd The Indenture requires that the Fiscal Agent establish and maintain a Reserve Fund in an amount equal to the Reserve Requirement for the Bonds. The Reserve Requirement is defined in the Indenture as an amount equal to the least of: 10% of the original principal amount of the Bonds, the maximum debt service on the Bonds payable under the Indenture in the current or any future Bond Year, or 125% of average debt service on the Bonds payable under the Indenture in the current or any future Bond Year. The Reserve Requirement will be funded initially from the proceeds of the sale of the Bonds. See "APPENDIX C - Summary Of The Indenture". · Preliminary; subject to change. 14 Delinquent Special Taxes; Covenant To Foreclose Sale of Property for Nonpayment of Taxes. The Indenture provides that the Special Tax is to be collected in the same manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described below and in the Mello-Roos Law, is to be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by the County. Accelerated Foreclosure. Under Section 53356.1 of the Mello-Roos Law, if any payment of the Special Tax for a Taxable Parcel is delinquent, the District may order the institution of a court action to foreclose the lien on the Taxable Parcel within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. The ability of the District to foreclose the lien of delinquent unpaid Special Taxes may be limited in certain instances and may require prior consent of the property owner if the property is owned by or in receivership of the Federal Deposit Insurance Corporation (the "FDIC"). See "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delays." Such judicial foreclosure action is not mandatory. However, the District will covenant in the Indenture to review the public records of the County in connection with the collection of the Special Taxes not later than July 1 of each year to determine the amount of the Special Tax collected in the prior Fiscal Year. The District will send notices of delinquency and commence and diligently pursue to completion judicial foreclosure proceedings against delinquent properties under the following conditions. Individual Parcel Delinquencies. If the District makes either of the following determinations: (a) any single parcel subject to the Special Taxes is delinquent in the payment of Special Taxes in the aggregate of $1,500 or more, or (b) any single parcel or parcels under common ownership subject to the Special Tax are delinquent in the payment of Special Taxes in the aggregate of $5,000 or more, then the District will send or cause to be sent a notice of delinquency (and a demand for immediate payment) to the property owner not later than 45 days after making such ' determination. The District will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than 90 days after such determination against any parcel for which a notice of delinquency was given (as described above) and for which the Special Taxes remain delinquent. Aggregate Parcel Delinquencies. If the District determines that it has collected less than 90% of the Special Taxes levied in a given Fiscal Year, then the District will, not later than 45 days after such determination, send or cause to be sent a notice of delinquency (and a demand for immediate payment) to the owner of each delinquent parcel (regardless of the amount of such delinquency). The District will cause judicial foreclosure proceedings to be commenced and filed in the Superior Court not later than 90 days after such determination against any parcel for which a notice of delinquency was given (as described above) and for which the Special Taxes remain delinquent. 15 Subject to the maximum rates, the Special Tax Formula is designed to generate from all non-exempt property within the District the current year's debt service, administrative and other expenses, and replenishment of the Reserve Fund to the Reserve Requirement. However, if foreclosure proceeding are necessary, and the Reserve Fund has been depleted, there could be a delay in payments to Bondowners pending prosecution of the foreclosure proceedings and receipt by the District of the proceeds of the foreclosure sale. Priority of Lien. The Mello-Roos Law specifies that the Special Tax will have the same lien priority as ad valorem property taxes in the case of delinquency but does not further specify the priority relationship, if any, between the Special Tax and other special taxes and ad valorem taxes on a taxed parcel. The District (and other jurisdictions) may levy additional special taxes to finance other infrastructure needed for the development of the property in the District. See "CUMULATIVE TAX, ASSESSMENT AND FEE BURDEN ON PROPERTY ". If foreclosure proceedings were ever instituted, any holder of a mortgage or deed of trust on the affected property could, but would not be required to, advance the amount of the delinquent Special Tax payment to protect its security interest. Sufficiency of Foreclosure Sale Proceeds. No assurances can be given that the real property subject to a judicial foreclosure sale will be sold or, if sold, that the proceeds of sale will be sufficient to pay any delinquent Special Tax installment. The Mello-Roos Law does not require the District to purchase or otherwise acquire any lot or parcel of property foreclosed upon if there is no other purchaser at such sale. Section 53356.6 of the Mello-Roos Law requires that property sold pursuant to foreclosure under the Mello-Roos Law be sold for not less than the amount of judgment in the foreclosure action, plus post-judgment interest and authorized costs, unless the consent of the owners of 75% of the outstanding Bonds is obtained. No Issuance of Additional Indebtedness The District will covenant in the Indenture that it will not issue any other obligations payable from the Special Taxes which have (or purport to have) any lien upon the Special Taxes superior to or on a parity with the lien of the Bonds. However, the District may issue and sell refunding bonds or other refunding obligations payable from and having a first lien on the Special Taxes on a parity with the Outstanding Bonds so long as the issuance of such refunding bonds or other refunding obligations results in a reduction in the combined Annual Debt Service on the Bonds and such refunding bonds or other refunding obligations. 16 DISTRICT MAP 17 THE DISTRICT General Description And Location Of The District The District is located in the City and consists of approximately 138 gross acres known as Rancho Cucamonga Corporate Park, which is bordered by Foothill Boulevard to the north and Arrow Route to the South, and is intersected by Milliken Avenue. The District is generally bounded by existing residential developments of Terra Vista to the north, the Epicenter (home stadium to the Rancho Cucamonga Quakes, a minor league baseball team) and related retail uses to the east, industrial buildings to the south, and commercial and industrial parks to the west. The site has access from both Interstate 10 and Interstate 15. The City is located in the foothills of the Los Angeles-San Bernardino Basin in the western portion of San Bernardino County (the "County"), approximately 40 miles east of the City of Los Angeles and 18 miles west of the City of San Bernardino. See "DISTRICT MAPS" above and APPENDIX G - General Information About the City of Rancho Cucamonga. The property in the District is intended for industrial, retail and commercial uses. Environmental Conditions Environmental Site Assessment. Dames & Moore of Los Angeles, California prepared a Phase I Environmental Site Assessment dated November 6, 1998, as updated by a letter dated July 6, 1999. The Phase I was performed in general accordance with the ASTM Standard Practice for Environmental Site Assessments E-1527. The assessment, as updated, found that no recognized environmental conditions were identified at the site, that current activities at the site do not involve use of hazardous materials in quantities of potential concern, and that available records do not indicate negligent or widespread use, storage or disposal of hazardous materials on the site. Accordingly, further investigation of the site was not recommended. Geotechnical Study. Southern California Geotechnical prepared a Geotechnical Investigation dated May 12, 1999, for the portions of the property in the District. The investigation concluded that the proposed development is considered feasible from a geotechnical standpoint, and that the site is not within an Alquist-Priolo Earthquake Fault zone, meaning that the possibility of significant fault rupture on the site is considered low, but that the site is within Seismic Zone 4 and appropriate requirements of the Uniform Building Code should be followed during construction. Facilities To Be Financed With The District Bonds Bonds are intended to provide financing for the acquisition and construction of the Facilities, which are anticipated to consist of public street improvements required for the development of the property in the District, including improvements to Milliken Avenue, Arrow Route and Foothill Boulevard, and water and sewer improvements to be acquired and operated by CCWD pursuant to the Joint Community Facilities Agreement. The Facilities are anticipated to include the following: demolition and grading, curbs, gutters and sidewalks, traffic signals, entry feature and signs, fire hydrants, 18 storm drains, water and sewer improvements, paving and striping, landscaping and irrigation improvements, public utilities, and appurtenances. The cost of the Facilities will include the attributable costs of engineering, design, planning and coordination, together with the expenses related to the issuance and sale of the Bonds, including underwriter's discount, appraisals, reserve fund, capitalized interest, Bond Counsel, Special Tax Consultant, Bond and Official Statement printing and all other incidental expenses. The Facilities will be constructed by Catellus and acquired by the City and CCWD (the water and sewer improvements only) under an Acquisition/Financing Agreement by and between the City and Catellus dated as of ,2000, under which Catellus will be reimbursed for the costs of the Facilities. The Facilities are currently expected to cost a total of approximately $5.6 million, all of which are anticipated to be financed from the proceeds of the Bonds. The following table summarizes the estimated costs of the Facilities. TABLE 3 City of Rancho Cucamonga, Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Estimated Facilities Costs Milliken Avenue Improvements Arrow Route Cul-de-Sac Road Foothill Boulevard Other Facilities Total Costs $3,241,475 322,890 1,047,881 400,138 587,616 $5,600,000 Source: Catellus. 19 Appraisal Of Parcels Within The District General. An appraisal entitled "Summary Appraisal Report - Complete Appraisal, Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) dated October 12, 2000 (the "Appraisal") was prepared by Bruce W. Hull & Associates, Inc. of Ventura, California (the "Appraiser") to ascertain the market value of the fee simple estate of the property in the District as of October 2, 2000. The Appraisal was intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report, and with the California Debt and Investment Advisory Commission Appraisal Standards for Land Secured Financing. Basis for Appraisal and Assumptions. The property was valued on an "as is" basis (as described in the Appraisal), subject to easements of record, to the lien of the Special Taxes, and to the existing special tax liens of the City of Rancho Cucamonga Community Facilities District No. 84-1 and City of Rancho Cucamonga Community Facilities District No. 85-1. The Appraiser valued all of the improved parcels except Parcel 3 (Lowes Home Improvement) as the "leased fee estate" of the land and improvements (because they are subject to a lease), which the Appraiser considered to be equivalent to the fee simple value of the property. In the case of Parcel 3, which is subject to a long-term ground lease, the Appraiser capitalized the income from the ground lease to an indicated value, and the "leased fee estate" was considered by the Appraiser to be equivalent to the fee simple estate in the land only. Finally, the Appraiser valued the unimproved parcels and the parcels under construction on the basis of a fee simple estate. The Appraisal was based on certain assumptions and limiting conditions set forth in Appendix A, including the assumption that all of the improvements and benefits to the property to be funded by the Bonds are completed and in place. In this case, all of the improvements to be financed by the Bonds have been completed by Catellus. See "PROPOSED DEVELOPMENT WITHIN THE DISTRICT." As of the October 2, 2000 date of value, the remaining site development costs payable by the property owner were estimated by the Appraiser to be $ , which the Appraiser prorated on a per-acre basis among the parcels making up the property. As of the October 2, 2000 date of value, four parcels had been improved with completed structures, and the remaining 10 parcels were valued as unimproved parcels. Value Estimates. The Appraiser estimated that, as of October 2, 2000, the market value of the property within the Community Facilities District (subject to the lien of the Special Taxes) had the following market values: Parcel 9 (GATX #1) Parcel 11 (GATX #2) Parcel'8 (Carpenter Technology) Parcel 3 (Lowes Home Improvement) Total Improved Parcels $14,930,000 14,650,000 3,670,000 6,390,000 39,640,000 Total Unimproved Parcels $13,520,000 Total Aggregate Value $53,160,000 Valuation Methods. The Appraiser used different valuation methods for the improved and unimproved parcels, as follows: ¸20 · Improved Parcels. The three parcels other than Parcel 3 (Lowes Home Improvement) were valued using a combination of the Cost Approach, the Income Capitalization Approach and the Sales Comparison Approach (all as defined in the Appraisal), less each parcel's pro-rata share of remaining site development costs. Because it is already subject to a ground lease, the Lowes Home Improvement parcel was valued using only the Income Capitalization Approach. · Unimproved Parcels. These parcels were valued on a bulk sale basis using the Sales Comparison Approach only, less the remaining costs to bring each parcel to "finished lot" condition, and less each parcel's pro-rata share of remaining site development costs. In addition, a discounted cash flow analysis was used that took into consideration the estimated absorption period for the sale or leasing of parcels to end users, as well as estimated marketing, sales and carrying costs. The Appraisal is attached as Appendix A. The City and the District make no representation as to the accuracy or completeness of the Appraisal. Value to Lien Ratio The following table shows the bonded indebtedness liens to which the property in the District is subject, the value of the property in the District as set forth in the Appraisal, and the ratio of property value to bonded indebtedness. No assurance can be given that the appraised values and amounts shown in this table will conform to those ultimately realized. TABLE 4 City of Rancho Cucamonga, Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Value-To-Lien Ratios Unimproved Improved Parcels Parcels Total CFD 2000-02 Bonds* 4,025,838 2,974,162 7,000,000 Park District No. 85-1 [1] 12,886 9,520 22,406 CFD No. 84-1 [1] 197,663 146,027 343,690 Total Lien* 4,236,387 3,129,709 7,366,096 Appraised Value [2] 13,520,000 39,640,000 53,160,000 Value-to-Lien Ratio* 3:1 12.5:1 7:1 * Preliminary; subject to change. [1] See "CUMULATIVE TAX, ASSESSMENT AND FEE BURDEN ON PROPERTY". [2] Market value estimated by the Appraiser as of October 2, 2000. Source: Willdan/MuniFinancial. 21 Cumulative Tax, Assessment and Fee Burden on Property In addition to paying the Special Tax, property owners within the District will be obligated to pay ad valorem property taxes and other existing and any additional special taxes, assessments, and fees (some of which secure other debt issued by the City and overlapping jurisdictions). Under the City's "Statement of Goals and Policies for the Use of the Mello-Roos Community Facilities Act of 1982" (the "Goals and Policies") adopted on July 21, 1999, projected special taxes, when added to the existing ad valorem property tax and other direct and overlapping debt for any parcel within a community facilities district, may not exceed 2% of the projected assessed value of each improved parcel within the district upon completion of improvements to the parcel. The District has determined .that, consistent with the Goals and Policies, the projected tax, assessment and fee burden (including the lien of the Special Tax) is less than 2% of the assessed values of the property in the District, based on the most recent assessed values of the property (prior to its subdivision into the current parcels). The overlapping assessment districts and community facilities districts affecting the property in the District are further described below. Rancho Cucamonga CFD 84-1 (Day Creek Drainage System). This community facilities district was formed in 1988, and the currently outstanding bonds issued by the district (and payable from district special taxes) mature in 2005. The current rate against the property in the District is $268.07 per acre per year, with a maximum possible special tax rate of $550 per acre per year. Rancho Cucamonga Park District No. 85-1 (Red Hill Park & Heritage Park). This assessment district was formed in 1986, and the currently outstanding bonds issued by the district (and payable from district special taxes) mature 2005. Approximately half of the annual assessment pays debt service on outstanding bonds, and the other half pays park maintenance costs. It is anticipated that assessments for park maintenance will continue to be levied after maturity of the bonds. Assessment rates are fixed until expiration, and range from $26 per parcel per year for parcels under 1.5 acres to $1,300 per parcel per year for parcels over 25 acres. CFD 85-1 Foothill Fire Protection District. This community facilities district was formed to finance operations, maintenance and repair activities carried out by employees of the Rancho Cucamonga Fire Protection District to provide fire protection and suppression services. Special taxes are levied annually only on developed parcels at a flat rate per acre plus a rate per building square foot (which can be reduced by $0.01 per building square foot if building has fire sprinkler system). The special tax may be increased annually to reflect the CPI index. Rates for industrial property are $112.90 per acre per year, plus $0.076 per building square foot, and rates for commercial property are $112.90 per acre per year, plus $0.061 per building square foot. Landscape Maintenance District No. 3B. A pay-as-you-go assessment levied annually only on developed parcels at a rate of $352.80 per acre per year. Street Lighting Maintenance District No. 1. An annual pay-as-you-go assessment used to finance maintenance and energy costs for all major street lights and signals. Assessments are levied annually only on developed parcels at a rate of $35.54 per acre per year. Street Lighting Maintenance District No. 6. An annual pay-as-you-go assessment used to finance annual maintenance and energy costs of street lights and signals in the 22 commercial area o[ the City. Assessments are levied only on developed parcels at a rate of $51.40 per acre per year. 23 OWNERSHIP OF PROPERTY WITHIN THE DISTRICT Unless otherwise indicated, the information about the property owners in the District contained in this Official Statement has been provided by representatives of the respective property owners. The information has been provided by sources that are believed by the Underwriter, the District and the City to be reliable, but has not been independently confirmed or verified by either the Underwriter, the District or the City. No representation is made by the Underwriter, the District or the City as to the accuracy or adequacy of such information or as to the absence of material adverse changes in such information subsequent to the date of this Official Statement, or that the information given below or incorporated herein by reference is correct as of any time subsequent to its date. All of the property in the district is currently owned by Catellus Development Corporation, a Delaware corporation ("Catellus'). Corporate Profile. Catellus Development Corporation is a diversified real estate operating company that is publicly traded on the New York Stock Exchange under the symbol "CDX." Catellus is headquartered in San Francisco, with offices in Chicago, Denver, Dallas, Irvine and Los Angeles. For the fiscal year ended December 31, 1999, Catellus reported total assets of $1.85 billion, total liabilities of $1.21 billion, total commitments and contingencies of $51 million and total stockholders' equity of $590 million. Financial information with respect to Catellus is included in documents filed with the Securities and Exchange Commission, particularly in its Annual Report on Form 10K and its most recent quarterly Report on Form 10Q. For further information on Catellus, including copies of its financial reports, see its Internet homepage located at www.catellus.com. Current Development Ac:tivity. Catellus has one of the largest portfolios of developable land in the Western United States and an extensive portfolio of 29.4 million square feet of income-producing properties. With diverse development expertise in industrial, commercial and residential development, Catellus has completed build-to-suit and design-build projects for such clients as the Metropolitan Transportation Authority, Home Depot, Pepsi Food Services, Office Depot, Dunlop Tire, Queen Carpet, Nationwide Papers, Viewsonic, Iron Mountain and Kendall Healthcare. Catellus's existing land portfolio has the potential of supporting over 44.8 million square feet of new industrial and commercial development, as well as an estimated 16,035 residential units. Catellus's industrial development team has extensive experience in both industrial and commercial development, from distribution centers, warehouses and manufacturing plants to office, retail, flex-tech and research and development facilities. In 1999, Catellus started construction on more than 5.4 million square feet of industrial development in Northern and Southern California, Illinois, Colorado and Texas. A total of 5.8 million square feet of buildings was completed in 1999, of which 4.2 million square feet of institutional-quality, industrial buildings were retained in Catellus's building portfolio. Catellus has developed or master-planned a variety of industrial, office and research and development facilities for build-to-suit tenants throughout the western United States over the past 10 years, including the following projects which have been completed or are underway: 24 Project Name Pacific Commons Mission Bay Crossroads Business Park Stapleton Business Center South Bay Center Los Angeles Union Station Location Fremont, California San Francisco Ontario, California Denver San Jose, California Los Angeles Description 840-acre business park 300-acre mixed use project business park business park office complex office complex Hnancial and Operating History. Catellus Development Corporation was started in 1984 under the name Santa Fe Pacific Realty Corporation as the real estate operating subsidiary of Santa Fe Pacific Railroad. The majority of Catellus's land holdings are from its former railroad parent. In December of 1990, Catellus was spun off to the common stockholders of Santa Fe Pacific. The real estate recession of the early 1990s had a negative effect on Catellus's operating performance and common share price. In 1993, the company went to the capital markets for a cash infusion and issued over $320 million in convertible preferred stock equity with an annual dividend requirement of over $24 million. The combination of overhead, fixed charges and a high dividend requirement resulted in a cash flow operating deficit and the company began to sell off income-producing assets to cover these deficits. In mid-1994, the Catellus board of directors recruited a new president and chief executive officer, Nelson Rising, who joined the company in September 1994 and immediately began restructuring the company. Throughout 1995 and 1996, the company hired an almost entirely new senior executive and management team. The company's aim was to build core competencies in development and management. Many of the company's current management team, including Mr. Rising, were brought in from the private real estate development community. The company began a program to sell non-strategic land in September of 1995. This program monetized assets that did not fit the company's development strategy and used those proceeds to pay down existing debt and improve the company's balance sheet. In addition, the company successfully bid on a management contract from the Burlington Northern Santa Fe to manage its non-railroad real estate assets, part of the company's strategy to export its core competencies to earn income from service opportunities for others. The company also completed a new headquarters and transit plaza for the Metropolitan Transportation Authority at Los Angeles Union Station for which it received development fees and continues to earn management fees. In 1996, the company began fee development on another office building at Union Station for the Metropolitan Water District. In the beginning of 1996, to take advantage of an improving housing market, Catellus acquired The Akins Companies, a Southern California homebuilder. The company paid approximately $9 million in 1.5 million shares of common stock for Akins. With its new core competencies in place, the company has had a successful 1996, 1997, 1998, and 1999. Its land sales program for strategic land proved successful and the company was able to reduce and restructure its mortgage debt, resulting in a lower interest expense that began to affect its income statement positively by the end of 1996. In addition, the company started a program to eliminate its $24 million preferred stock dividend requirement by calling in the stock for redemption or conversion (which was completed on June 19, 1997). The company's development efforts resulted in an increase in its industrial development activity, with more than 4.9 million square feet of new development starts in 1998 and more than 5.4 million in 1999. The company expects to meet or exceed this level of development in 2000. 25 In July 2000 Catellus completed the restructuring of its residential group with two transactions: (a) the sale of a majority of its merchant housing assets (approximately 900 lots) to a new limited liability company managed by Brookfield, and (b)the sale by a venture partially owned by Catellus of an 80-lot site in San Francisco to Standard Pacific Corporation. Catellus plans to focus its future residential activities on land development and community master planning. PROPOSED DEVELOPMENT WITHIN THE DISTRICT General. Catellus is planning to develop the property in the District as an industrial, commercial and retail development known as Rancho Cucamonga Corporate Park. Property Development. The property is currently subject to and is intended to be developed in accordance with Parcel Map 15295. Catellus intends to develop and lease the property to end users, and to hold the property for the long term. A summary of the proposed property development is shown below. The estimated share of Special Taxes shown for each parcel was calculated based on the development status of the property as October 2, 2000 (the date of value used in the Appraisal). 26 TABLE 5 City of Rancho Cucamonga, Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Proposed Property Development Summary Property Actual and Actual and Actual and Land Projected Estimated Actual and Projected Projected Projected Area Building Area Share of Uses Start Date Completion (acres) (square feet) Special Tax Developed GATX#1 (Parcel 9) Warehouse Complete Complete 23.06 /distribution (built for tenant) 443,190 16.75% GATX#2 (Parcel 11) Warehouse Complete Complete /distribution (built for tenant) 20.58 441,970 14.94 Carpenter Technology (Parcel 8) Warehouse /distribution (built for tenant) Complete Complete 4.02 56,200 2.92 Lowes Home Improvement (Parcel 3) Retail (tenant owns improvements under a ground lease) Complete Complete 14.90 135,000 10.82 Under Development Scripto-Tokai (south portion of Parcel 7) Warehouse /distribution (built for tenant) May 2000 Dec. 2000 7.82 120,620 5.68 Rancho III (Parcel 13) Warehouse/distribution (built on spec; no tenant identified) Dec 2000 Aug. 2001 21.05 463.850 15.29 Below are brief descriptions of the current tenants: GATX operates a warehousing and distribution center as a third-party logistics provider. Carpenter Technology intends to use the property for the storage, distribution and assembly of small metal parts and products (such as ball bearings). Lowes Home Improvement is a retail store selling hardware, lumber and other home improvement items. Scripto Takai intends to use the property for the storage, distribution and manufacture of consumer products consisting of writing instruments and butane-filled lighter instruments, as well as related administrative uses. 27 Property Vacant Projected Projected Projected Land Building Area Estimated Projected Start Date Completion Area (square feet) Share of~ Uses (acres) Special Tdx Rancho IV (Parcel 12 and portion of 10) Warehouse/distribution 4th Quarter 3d Quarter (to be built on spec; no 2000 2001 tenant identified) 16.44 365,040 11.94 Portion of Parcel Warehouse/distribution Dec. 2000 3dQuarter 10 (no tenantidentified) 2001 6.27 105,980 4.55 Parcel2 Restaurant 2dQuarter lstQuarter 1.33 5,000 0.97 (notenantidentified) 2001 2002 Parcel 4 Restaurant 4th Quarter 3d Quarter 1.13 3,400 0.82 (no tenant identified) 2000 2001 Parcel 5 Retail 4th Quarter 3d Quarter 2.52 21,520 1.83 (no tenant idenfified) 2000 2001 Parcel 6 Retail 2d Quarter 1st Quarter 3.76 33,825 2.73 (no tenant identified) 2003 2004 Parcel 1 Retail/Office 4th Quarter 3d Quarter 5.08 44,000 3.69 (no tenant identified) 2002 2003 North portion of Retail/Office 4th Quarter 3d Quarter 9.75 98,000 7.08 Parcel 7 (no tenant identified) 2003 2004 TOTALS 137.71 [1] Parcel numbers based upon Final Map to be recorded mid-September. 2,337,595 100% Of the total acreage, approximately 70.38 acres, or approximately 51.1%, had been completed or begun development as of October 2, 2000. Infrastructure Financing Plan. Catellus is constructing all infrastructure needed to develop the property, which consists of the Facilities to be financed with the proceeds of the Bonds and owned by the City or the Water District (see "THE DISTRICT - Facilities to be Financed with the District Bonds") and certain internal street improvements (an internal street known as Mayten Avenue, a stoplight at the intersection of Mayten Avenue and Foothill Boulevard, and related improvements) that will be owned by Catellus. Substantially all infrastructure construction was completed in October 2000. Total estimated infrastructure costs are $6,600,000, as set forth below. Source of funds Bond proceeds Internal Catellus financing Total TotalAnticipated Cost $5;600,000 1,000,000 $6,600,000 Status as of October 2000 Complete Substantially complete 28 Building Construction Financing Plan. Construction and permanent financing for the building construction recently completed and currently underway is shown on the table below. Each loan is secured by a deed of trust against the respective parcel. The outstanding loan amounts are as of November 1, 2000. Original Lender and Proper_ty Loan Amount Financing Type Current Outstanding Amount GATX #1 (Parcel 9) GATX #2 (Parcel 11) [1] 11,936,400 Aegon $11,936,400 (Permanent) 11,440,000 Comerica Bank 7,075,700 (Construction) Scripto-Tokai (So. Parcel 7) 3,500,000 Comerica 239,559 (Construction) Lowes Home Improvement (Parcel 3) 3,900,000 Bank of America 3,900,000 (Permanent) [~] Catellus anticipates that this loan will be replaced after November 1, 2000 by a long-term permanent loan in the amount of $11,936,400 to be provided by Aegon. The Carpenter Technology parcel (Parcel 8) was constructed with internal financing, and does not currently have any outstanding indebtedness. However, Catellus anticipates placing permanent financing on the property by January 2001. Catellus anticipates that all existing construction loans will be replaced with permanent financing, and that future building construction on the vacant parcels in the District will be financed with individual construction loans, which will in turn be replaced with permanent financing. Catellus has financed and intends to finance all carrying costs for the property, including the payment of all impact and in-lieu fees and the payment of the Special Tax, through a combination of construction and permanent loan proceeds, leasing revenues and internal financing. Project Approval Status. The planned development is consistent with the current zoning and Specific Plan designations for the land in the District. The property has received all necessary entitlements for the development. The final parcel map for the property was approved on September 14, 2000. Other than completing improvements to be funded by the Bonds and other general constraints on development in the District as described elsewhere in this Official Statement, the owner knows of no unique circumstances that would either prevent the completion of the planned development in the District or would significantly delay its completion. No claim or suit is now pending or threatened with respect to the property (except as otherwise set forth in this Official Statement) or against Catellus that would have a material or adverse effect on the development in the District. Covenants, Conditions and Restrictions. All of the property in the District will be subject to recorded covenants, conditions and restrictions that provide for a levy of owners' association assessments, on a basis subordinate to the lien of the Special Taxes. 29 Utilities. All utility services for the property are currently available. Utility services will be provided by Cucamonga County Water District (water and sewer), Southern California Edison and Verizon (telephone). Taxes. Taxes and assessments on the property in the District are current. 30 BONDOWNERS' RISKS The following is a discussion of certain risk factors that should be considered, in addition to other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. This discussion does not purport to be comprehensive or definitive. The occurrence of one or more of the events discussed in this Official Statement could adversely affect the ability or willingness of property owners in the District to pay their Special Taxes when due. Such failures to pay Special Taxes could result in a rapid depletion of the Bond Reserve Fund and/or a default in payments of the principal of, and interest on, the Bonds. In addition, the occurrence of one or more of the events discussed in this Section could adversely affect the value of the property in the District. Not A General Obligation Of The District or The City The Bonds are not general obligations of the District or the City but are limited obligations of the District payable solely from proceeds of the Special Tax and proceeds of the Bonds, including amounts in the Bond Reserve Fund and investment income on funds held under the Indenture (other than as necessary to be rebated to the United States of America). Levy Of The Special Tax The principal source of payment of debt service on the Bonds is the proceeds of the annual levy and collection of the Special Tax. The annual levy of the Special Tax is subject to the maximum tax rates authorized. The levy cannot be made at a higher rate even if the failure to do so means that the estimated proceeds of the levy and collection of the Special Tax, together with other available funds, will not be sufficient to pay debt service on the Bonds. Other funds that might be available to pay debt service on the Bonds include funds derived from the payment of delinquent special taxes and funds derived from the foreclosure and sale of parcels on which the special taxes levied are delinquent. The levy of the Special Tax will rarely, if ever, result in a uniform relationship between the value of the Taxable Parcels and the amount of the levy of the Special Tax. Thus, there will rarely, if ever, be a uniform relationship between the value of a parcel and the proportionate share of Bond debt service levied on the parcel, and certainly not a direct relationship. The Special Tax levied in any particular tax year on a Taxable Parcel is based upon the application of the Special Tax Formula. Application of the Special Tax Formula will, in turn, be dependent upon certain development factors with respect to each Taxable Parcel by comparison with similar development factors with respect to the other Taxable Parcels within the District. Thus, the following are some of the factors that might cause the levy of the Special Tax on any particular Taxable Parcel to vary from the Special Tax that might otherwise be expected: (i) Reduction in the number of Taxable Parcels, for such reasons as acquisition of Taxable Parcels by a government and failure of the government to pay the Special Tax based upon a claim of exemption, thereby resulting in an increased tax burden on the remaining Taxable Parcels; and (ii) Failure of the owners of Taxable Parcels to pay the Special Tax and delays in the collection of or inability to collect the Special Tax by tax sale or foreclosure and sale of the delinquent parcels, thereby resulting in an increased tax burden on the remaining parcels. 31 Exempt Properties Certain properties are exempt from the Special Tax in accordance with the Special Tax Formula. In addition, the Mello-Roos Law provides that properties or entities of the state, federal or local governments are exempt from the Special Tax; provided, however, that property within the District acquired by a public entity through a negotiated transaction, or by gift or devise, that is not otherwise exempt from the Special Tax under the Special Tax Formula, will continue to be subject to the Special Tax. Therefore, it is possible that property acquired by a public entity following a tax sale or foreclosure based upon failure to pay taxes could become exempt from the Special Tax. In addition, the Mello-Roos Law provides that if property subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation to pay the Special Tax with respect to that property, for outstanding Bonds only, is to be treated as if it were a special assessment. The constitutionality and operation of these provisions of the Mello-Roos Law have not been tested. See "SECURITY FOR THE BONDS - The Special Tax". In particular, insofar as the Mello-Roos Law requires payment of the Special Tax by a federal entity acquiring property Within the District, it may be unconstitutional. If for any reason property within the District becomes exempt from taxation by reason of ownership by a nontaxable entity such as the federal government, another public agency or a religious organization, subject to the limitation of the maximum rate, the Special Tax will be reallocated to the remaining taxable properties within the District. This would result in the owners of such property paying a greater amount of the Special Tax and could have an adverse impact upon the timely payment of the Special Tax. Moreover, if a substantial portion of land within the District becomes exempt from the Special Tax because of public ownership, or otherwise, the maximum rate that could be levied upon the remaining acreage might not be sufficient to pay principal of and interest on the Bonds when due and a default would occur with respect to the payment of such principal and interest. The Mello-Roos Law further provides that no other properties or entities are exempt from the Special Tax unless the properties or entities are expressly exempted in a resolution of consideration to levy a new special tax or to alter the rate or method of apportionment of an existing special tax. Collection Of The Special Tax The District has no obligation to pay debt service on the Bonds in the event Special Tax installments are delinquent, nor is the District obligated to advance funds to pay such debt Service. The Indenture provides that the Special Tax is to be collected in the same manner as ordinary ad valorem property taxes are collected and, except as provided in the special covenant for foreclosure described below and in the Mello-Roos Law, is to be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem property taxes. Under these procedures, if taxes are unpaid for a period of five years or more, the property is subject to sale by the County. Under the Mello-Roos Law, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a superior court action to foreclose the lien therefor in the amount of the delinquent Special Taxes plus penalties, interest, and costs (including attorney's fees) within specified time limits. In such an action, the real property subject to the unpaid amount may be sold at judicial foreclosure sale. Such judicial foreclosure action is not mandatory. However, the District has covenanted to cause foreclosure 32 proceedings to be commenced and prosecuted against those properties that are delinquent in the payment of the Special Tax. For a description of the foreclosure covenant, see "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant To Foreclose". In the event that sales or foreclosures of property are necessary, there could be a delay in payment of the Bonds pending such sales or the prosecution of foreclosure proceedings and receipt by the District of the proceeds of sale if the Bond Reserve Fund is depleted. In addition, there can be no assurance that the sale of delinquent parcels in foreclosure will produce sufficient proceeds to cover delinquencies. Not A Personal Obligation An owner of Taxable Parcels is not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation only against the Taxable Parcels. If the value of the Taxable Parcels is not sufficient, taking into account other obligations also payable thereby to fully secure the Special Tax, the District has no recourse against the property owner. Concentration Of Property Ownership As of the date of this Official Statement, Catellus is the sole owner of the property in the District subject to the Special Taxes, and Catellus currently intends to develop and hold the property for lease to end users over the long term. The willingness and ability of Catellus to pay property taxes and the Special Taxes can be expected to depend on the capacity of the property to general positive cash flow, which could be adversely affected by changes in general or local economic conditions, fluctuations in the real estate market and other factors. Failure of Catellus (or any future owner of significant property subject to the Special Taxes in the District) to pay installments of Special Taxes when due could cause the depletion of the Reserve Fund prior to reimbursement from the resale of foreclosed property or payment of the delinquent Special Tax and, consequently, result in the delinquency rate reaching a level that would cause an insufficiency in collection of the Special Tax to meet the District's obligations under the Indenture. For a description of Catellus, see "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT". In that event, there could be a delay or failure in payments on the Bonds. See "BONDOWNERS' RISKS - Bankruptcy and Foreclosure Delays" and "SECURITY FOR THE BONDS - Delinquent Special Taxes; Covenant To Foreclose" for a further discussion. Parity Taxes And Special Assessments The Special Taxes and any penalties thereon will constitute a lien against the lots and parcels of land on which they will be annually imposed until they are paid. Such lien is on a parity with all special taxes and special assessments levied by other agencies and is co-equal to and independent of the lien for general property taxes regardless of when they are imposed upon the same property. The Special Taxes have priority over all existing and future private liens imposed on the property. However, the District has no control over the ability of other entities and districts to issue indebtedness secured by special taxes or assessments payable from all or a portion of the property within the District. If any additional improvements or fees are financed by an assessment district or another district formed under the Mello-Roos Law, any taxes or assessment levied to finance such improvements will have a lien on a parity with the lien of the Special Tax. For information concerning existing direct and overlapping public indebtedness within the District, see "THE DISTRICT - Cumulative Tax, Assessment, And Fee Burden On Property". 33 The existence of general property taxes, other special taxes, and assessments may reduce the value-to-debt ratio of the affected parcels and increases the possibility that foreclosure proceeds will not be adequate to pay delinquent Special Taxes or the principal of and interest on the Bonds when due. The District has covenanted that it will not issue additional bonds having a Hen upon the Special Taxes superior to or on a parity with the lien of the Bonds. Land Values and Development The value of Taxable Parcels within the District is a critical factor in determining the investment quality of the Bonds. If a property owner defaults in the payment of the Special Tax, the District's only remedy is to foreclose on the delinquent property in an attempt to obtain funds with which to pay the delinquent Special Tax. Land values could be adversely affected by economic factors beyond the District's control, such as relocation of employers out of the area, stricter land use regulations, the absence of water, or destruction of property caused by, among other eventualities, earthquake, flood or other natural disasters, or by environmental pollution or contamination. In addition, a major risk to Bondowners is that development by the owners of property in the District may be subject to unexpected delays, disruptions and changes that may affect the willingness and ability of the property owners to pay Special Taxes when due. Land Development. Land values are influenced by the level of development in the area in many respects. First, partially developed land is generally less valuable than developed land and provides less security to the owners of the Bonds should it be necessary for the District to foreclose on undeveloped property due to the nonpayment of Special Taxes. Moreover, failure to complete development on a timely basis could adversely affect the land values of those parcels that have been completed. Lower land values would result in less security for the payment of principal of and interest on the Bonds and lower proceeds from any foreclosure sale necessitated by delinquencies in the payment of the Special Tax. A significant number (approximately 50%) of parcels in the District are currently undeveloped. No assurance can be given that the unimproved property within the District will be developed, and in assessing the investment quality of the Bonds, prospective purchasers should evaluate the risks of noncompletion. Risks of Real Estate Investment Generally. Continuing development of land within the District may be adversely affected by changes in general or local economic conditions, fluctuations in the real estate market, increased construction costs, development, financing and marketing capabilities of individual property owners, water shortages and other similar factors. Development in the District may also be affected by development in surrounding areas, which may compete with the District. In addition, land development operations are subject to comprehensive federal, state and local regulations, including environmental, land use, zoning and building requirements. There can be no assurance that proposed land development operations within the District will not be adversely affected by future government policies, including, but not limited to, governmental policies to restrict or control development, or future growth control initiatives. There can be no assurance that land development operations within the District will not be adversely affected by these risks. The District has not evaluated development risks. Since these are largely business risks of the type that property owners customarily evaluate individually, and inasmuch as changes in land ownership may well mean changes in the evaluation with respect to any particular parcel, the District is issuing the Bonds without regard to any such evaluation. Thus, the creation of the District and the issuance of the Bonds by the District in no way implies that the District has evaluated these risks or the 34 reasonableness of these risks even though such risks may be serious and may ultimately halt or slow the progress of land development and forestall the realization of Taxable Parcel values. Natural Disasters. The value of the Taxable Parcels in the future can be adversely affected by a variety of natural occurrences, particularly those that may affect infrastructure and other public improvements and private improvements on the Taxable Parcels and the continued habitability and enjoyment of such private improvements. For example, although the District believes that no active or inactive seismic fault lines pass through, or near, the District, the areas in and surrounding the District, like those in much of California, may be subject to unpredictable seismic activity. Other such occurrences could include, without limitation, landslides, floods, droughts, and tornadoes. One or more of such natural disasters could occur and could result in damage to improvements of varying seriousness. The damage may entail significant repair or replacement costs and that repair or replacement may never occur either because of the cost, or because repair or replacement will not facilitate habitability or other use, or because other considerations preclude such repair or replacement. Under any of these circumstances there could be significant delinquencies in the payment of Special Taxes, and the value of the Taxable Parcels may well depreciate or disappear. Legal Requirements. Other events that may affect the value of a Taxable Parcel include changes in the law or application of the law. Such changes may include, without limitation, local growth control initiatives, local utility connection moratoriums and local application of statewide tax and governmental spending limitation measures. Development in the District may also be adversely affected by the application of laws protecting endangered or threatened species. See "CONCLUDING INFORMATION - Litigation". Hazardous Substances. One of the most serious risks in terms of the potential reduction in the value of a Taxable Parcel is a claim with regard to a hazardous substance. In general, the owners and operators of a Taxable Parcel may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as "CERCLA" or the "Superfund Act," is the most well-known and widely applicable of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the Taxable Parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as is the seller. The values set forth in the Appraisal do not take into account the possible reduction in marketability and value of any of the Taxable Parcels by reason of the possible liability of the owner or operator for the remedy of a hazardous substance condition of the parcel. Although the District is not aware that the owner or operator of any of the Taxable Parcels has such a current liability with respect to any of the Taxable Parcels, it is possible that such liabilities do currently exist and that the District is not aware of them. Further, it is possible that liabilities may arise in the future with respect to any of the Taxable Parcels resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but that has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently on the parcel of a substance not presently classified as hazardous but that may in the future be so classified. Further, such liabilities may arise not simply from the existence of a hazardous substance but 35 from the method of handling it. All of these possibilities could significantly affect the value of a Taxable Parcel that is realizable upon a delinquency. Disclosures To Future Purchasers The willingness or ability of an owner of a Taxable Parcel to pay the Special Tax even if the value is sufficient may be affected by whether or not the owner was given due notice of the Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and the risk of such a levy and, at the time of such a levy, has the ability to pay it as well as pay other expenses and obligations. The District has caused a notice of the Special Tax to be recorded in the Office of the Recorder for the County against each Taxable Parcel. While title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the purchase of a property within the District or lending of money thereon. The Mello-Roos Law requires the subdivider (or its agent or representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a Mello-Roos special tax of the existence and maximum amount of such special tax using a statutorily prescribed form. California Civil Code Section 1102.6b requires that in the case of transfers other than those covered by the above requirement, the seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by: an owner of the property to comply with the above requirements, or failure by a purchaser or lessor to consider or understand the nature and existence of the Special Tax, could adversely affect the willingness and ability of the purchaser or lessor to pay the Special Tax when due. Bankruptcy and Foreclosure Delays General. The payment of the Special Tax and the ability of the District to foreclose the lien of a delinquent unpaid tax, as discussed under "SECURITY FOR THE BONDS," may be limited by bankruptcy, insolvency or other laws generally affecting creditors' rights or by the laws of the State of California relating to judicial foreclosure. In addition, the prosecution of a foreclosure action could be delayed due to crowded local court calendars or delays in the legal process. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel's approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors' rights and by the application of equitable principles and by the exercise of judicial discretion in appropriate cases. Although bankruptcy proceedings would not cause the lien of the Special Tax to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure proceedings. The federal bankruptcy laws provide for an automatic stay of foreclosure and tax sale proceedings, thereby delaying such proceedings, perhaps for an extended period. Any such delays would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds and the possibility of delinquent tax installments not being paid in full. To the extent that bankruptcy or similar proceedings were to involve a large property owner, the chances would increase the likelihood that the Bond Reserve Fund could be fully depleted during any resulting delay in receiving payment of delinquent Special Taxes. As a result, sufficient monies would not be available in the Bond Reserve Fund for transfer to the 36 Bonds Redemption Account to make up any shortfalls resulting from delinquent payments of the Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. Property Owned by the FDIC. The ability of the District to foreclose upon the lien relating to property on which Special Taxes have not been paid may be limited in certain respects with regard to properties in which the Federal Deposit Insurance Corporation (the "FDIC") has an interest. On November 26, 1996, the FDIC adopted a Statement of Policy Regarding the Payment of State and Local Property Taxes (the "Policy Statement") (which superseded a prior statement issued by the FDIC and the Resolution Trust Corporation in 1991). The Policy Statement applies to the FDIC when it is liquidating asset in its corporate and receivership capacities. The Policy Statement provides, in part, that owned real property of the FDIC is subject to state and local real property taxes if those taxes are assessed according to the property's value, and that the FDIC is immune from ad valorem real property taxes assessed on other bases. The Policy Statement also provides that the FDIC will pay its proper tax obligations when they become due and will pay claims for delinquencies as promptly as is consistent with sound business practice and the orderly administration of the institution's affairs, unless abandonment of the FDIC interest in the property is appropriate. It further provides that the FDIC will pay claims for interest on delinquent property taxes owned at the rate provided under state law, but only to the extent the interest payment obligation is secured by a valid lien. The FDIC will not pay for any amounts in the nature of fines or penalties and will not pay nor recognize liens for such amounts. The Policy Statement also provides that if any property taxes (including interest) on FDIC-owned property are secured by a valid lien (in effect before the property became owned by the FDIC), the FDIC will pay those claims. No property of the FDIC is subject to levy, attachment, garnishment, foreclosure or sale without the FDIC's consent. In addition, a lien for taxes and interest may attach, but the FDIC will not permit a lien or security interest held by the FDIC to be eliminated by foreclosure without the FDIC's consent. With respect to challenges to assessments, the Policy Statement provides: "The [FDIC] is only liable for state and local taxes which are based on the value of the property during the period for which the tax is imposed, notwithstanding the failure of any person, including prior record owners, to challenge an assessment under the procedures available under state law. In the exercise of its business judgment, the [FDIC] may challenge assessments which do not conform with the statutory provisions, and during the challenge may pay tax claims based on the assessment level deemed appropriate, provided such payment will not prejudice the challenge. The [FDIC] will generally limit challenges to the current and immediately preceding taxable year and to the pursuit of previously filed tax protests. However, the [FDIC] may, in the exercise of its business judgment, challenge any prior taxes and assessments provided that (1) the [FDIC's] records (including appraisals, offers or bids received for the purchase of the property, etc.) indicate that the assessed value is clearly excessive, (2) a successful challenge will result in a substantial savings to the [FDIC], (3) the challenge will not unduly delay the sale of the property, and (4) there is a reasonable likelihood of a successful challenge." The Policy Statement states that the FDIC generally will not pay non-ad valorem taxes, including special assessments, on property in which it has a fee interest unless the amount of tax is fixed at the time the FDIC acquires its fee interest in the property, nor will the FDIC recognize the validity of any lien to the extent it purports to secure the payment of any such amounts. Because the Special Taxes are neither ad valorem taxes nor special assessments, the District is unable to predict what effect the application of the Policy Statement would have in the event of a delinquency on a parcel included in the District in which the FDIC has an interest, although prohibiting the lien of the FDIC to be foreclosed on at a judicial foreclosure sale would 37 likely reduce the number of or eliminate the persons willing to purchase a parcel at a foreclosure sale. Owners of the Bonds should assume that the District will be unable to foreclose on parcels of land in the District owned by the FDIC. Such an outcome would cause a draw on the Bond Reserve Fund and perhaps, ultimately, a default in payment of the Bonds. Glasply Marine Industries. On July 30, 1992, the United States Court of Appeals for the Ninth Circuit issued its opinion in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad valorem property taxes levied by Snohomish County in the State of Washington after the date that the property owner filed a petition for bankruptcy were not entitled to priority over the claims of a secured creditor with a prior lien on the property. Although the court upheld the priority of unpaid taxes imposed before the filing of the bankruptcy opinion, unpaid taxes imposed after the tiling of the bankruptcy petition were declared to be "administrative expenses" of the bankruptcy estate, payable after the claims of all secured creditors. As a result, the secured creditor was able to foreclose on the property and retain all the proceeds of the sale except the amount of the pre-petition taxes. There is no assurance a court would not declare the Special Taxes to be an "administrative expense." According to the court's ruling, as administrative expenses, post-petition taxes would be paid assuming that the debtor has sufficient assets to do so. In certain circumstances, payment of such administrative expenses may be allowed to be deferred. Once the property is transferred out of the bankruptcy estate (through foreclosure or otherwise), it would at that time become subject to current ad valorem property taxes (i.e., not those accruing during the bankruptcy proceeding). The Glasply decision is controlling precedent in bankruptcy court in the State of California. If Glasply were held to be applicable to Special Taxes, a bankruptcy petition filing would prevent the lien for Special TaXes levied in subsequent fiscal years from attaching so long as the property was part of the estate in bankruptcy, which could reduce the amount of Special Taxes available to pay debt service on the Bonds. However, Glasply speaks as to ad valorem property taxes, and not Special Taxes, and no case law exists with respect to how a bankruptcy court would treat the lien for Special Taxes levied after the tiling of a petition in bankruptcy. It should also be noted that on October 22, 1994, Congress enacted 11 U.S.C. § 362(b)(18), which added a new exception to the automatic stay for ad valorem property taxes imposed by a political subdivision after the filing of a bankruptcy petition. Under this new provision of law, in the event of a bankruptcy petition filed on or after October 22, 1994, the lien for ad valorem taxes in subsequent fiscal years will attach even if the property is part of the bankruptcy estate. Bond owners should be aware that the potential effect of 11 U.S.C. § 362(b)(18) on the Special Taxes also depends upon whether a court were to determine that the Special Taxes should be treated like ad valorem taxes for this purpose. Proposition 218 And The Initiative Power On November 5, 1996, the voters of the State approved Proposition 218, a constitutional initiative entitled the "Right to Vote on Taxes Act" ("Proposition 218"). Proposition 218 adds Articles XIIIC and XIIID to the California Constitution and contains a number of interrelated provisions affecting the ability of local governments to levy and collect both existing and future taxes, assessments, fees and charges. Proposition 218 became effective for most purposes on November 6, 1996. Article XIIIC of Proposition 218 removes all limitations in State Mello-Roos Law on the initiative power to reduce or repeal "any local tax, assessment, fee or charge." The initiative 38 power is, however, limited by the United States Constitution's prohibition against State or local laws "impairing the obligation of contracts." The Bonds represent a contract between the District and the Bondholders secured by the Special Taxes. While not free from doubt, it is likely that, once the Bonds are issued, the Special Taxes would not be subject to repeal or reduction by initiative, at least to the extent the taxes are necessary to enable the District to make timely payment on principal and interest on the Bonds, but not necessarily to the full extent of the authorized tax amount. The interpretation and application of these provisions of Proposition 218 and the federal Constitution's Contracts Clause will ultimately be determined by the courts, and it is not possible at this time to predict with certainty the outcome of such determination or the timeliness of any remedy afforded by the courts. Limitation On Remedies; No Acceleration Remedies available to Bondholders may be limited by a variety of factors and may be inadequate to assure the timely payment of principal of and interest on the Bonds, or to preserve the tax-exempt status of the Bonds. Bond Counsel has limited its opinion as to the enforceability of the Bonds and the Indenture to the extent that enforceability may be limited by bankruptcy, insolvency, or similar laws affecting generally the enforcement of creditors' rights. Additionally, the Bonds are not subject to acceleration in the event of the breach of any covenant or duty under the Indenture. Lack of remedies may entail risks of delay, limitation, or modification of Bondowner rights. Judicial remedies, such as foreclosure and enforcement of covenants, are subject to exercise of judicial discretion. A California court may not strictly apply certain remedies or enforce certain covenants if it concludes that application or enforcement would be unreasonable under the circumstances and it may delay the application of such remedies and enforcement. Loss Of Tax Exemption As discussed under the caption "CONCLUDING INFORMATION - Tax Matters," interest on the Bonds might become includable in gross income for purposes of federal income taxation retroactive to the date the Bonds were issued, as a result of future acts or omissions of the District in violation of its covenants in the Indenture. The Indenture does not contain a special redemption feature triggered by the occurrence of an event of taxability. As a result, if interest on the Bonds were to be includable in gross income for purposes of federal income taxation, the Bonds would continue to remain outstanding until maturity unless earlier redeemed under the Indenture. See "THE BONDS - Redemption Of Bonds". Secondary Markets And Prices The Underwriter will not be obligated to repurchase any of the Bonds, and no representation is made concerning the existence of any secondary market for the Bonds. No assurance can be given that any secondary market will develop following the completion of the offering of the Bonds, and no assurance can be given that the initial offering prices for the Bonds will continue for any period of time. 39 CONCLUDING INFORMATION Tax Matters In the opinion of Best Best & Krieger LLP, San Diego, California, Bond Counsel, under existing statutes, regulations, rules and court decisions, interest on the Bonds is excluded from gross income for federal income tax purposes and is exempt from personal income taxation imposed by the State of California. Bond Counsel is further of the opinion that interest on the Bonds is not a specific preference item for purposes of the alternative minimum tax provisions of the Internal Revenue Code of 1986, as amended (the "Code"). However, with respect to the Bonds owned by corporations (as defined for federal income tax purposes), interest on the Bonds may be included in adjusted current earnings, a portion of which may increase the alternative minimum taxable income of such corporations. In addition, although interest on the Bonds is excluded from gross income for federal income tax purposes, the accrual or receipt of interest on the Bonds and the ownership of the Bonds may otherwise affect the federal income tax liability of certain persons or entities. Bond Counsel expresses no opinion regarding any such consequences. The Code sets forth certain requirements which must be met subsequent to the issuance and delivery of the Bonds for interest paid with respect thereto to be and remain exempt from federal income taxation. Noncompliance with such requirements might cause the interest paid on the Bonds to be subject to federal income taxation retroactive to the date of issue and the Bonds. These requirements include, but are not limited to, provisions which prescribe yield and other limits within which the proceeds of the Bonds and other amounts are to be invested and require that certain investment earnings on the foregoing must be rebated on a periodic basis to the Treasury Department of the United States. Under the Indenture, the District has covenanted to comply with all such requirements. In rendering such opinions, Bond Counsel is assuming that the District will comply with its covenants in the Indenture to comply with the requirements of the Code. Noncompliance with the Code might cause the interest on the Bonds to be subject to federal income taxation retroactive to the date of issuance and delivery of the Bonds. Legal Opinions The legal opinion of Best Best & Krieger LLP, San Diego, California, approving the validity of the Bonds in substantially the form set forth as Appendix F hereto, will be made available to purchasers at the time of original delivery. A copy of the legal opinion for the Bonds will be provided with each definitive bond. Certain legal matters will be passed upon for the City and the District by Richards, Watson & Gershon, and for the Underwriter by its counsel, Jones Hall, A Professional Law Corporation, San Francisco, California. Litigation At the time of delivery of and payment for the Bonds, the District will certify that, to the current actual knowledge (after reasonable investigation) of the officer of the City executing the certificate, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, 40 before or by any court or regulatory agency, public board or body pending or overtly threatened in writing against the District or the City that in any way seeks to affect the existence of the District or the City or the titles of their officers to their respective offices, or that seeks to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds of the Bonds in accordance with the Indenture, or in any way contests or seeks to affect the validity or enforceability of the Bonds, the Indenture, or the Bond Purchase Agreement or any action of the District or the City contemplated by any of said documents, or that in any way contests the completeness or accuracy of this Official Statement or the powers of the District or the City or their authority with respect to the Bonds or the Indenture or any action of the District or the City contemplated by any of said documents, or that would adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or the exemption of such interest for California personal income taxation. Continuing Disclosure The District will covenant for the benefit of the Bondowners to provide annually certain financial information and operating data relating to the District (the "District's Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if material. The District's Annual Report will be delivered not later than seven months after the end of the City's fiscal year (which currently ends on June 30), commencing with the report for the 2000- 2001 fiscal year. The Property Owner will covenant for the benefit of the Bondowners to provide certain information and operating data regarding its development of the property in the District on a semi-annual basis (the "Property Owner's Semi-Annual Reports"), and to provide notices of the occurrence of certain enumerated events, if material. The Property Owner's Semi-Annual Reports will be delivered not later than 90 days and 270 days after the Property Owner's fiscal year. The District's Annual Reports and the Property Owner's Semi-Annual Reports will be filed with each Nationally Recognized Municipal Securities Information Repository and with the appropriate State information depository, if any. The notices of material events will be filed with the Municipal Securities Rulemaking Board (and with the appropriate State information depository, if any). The specific nature of the information to be contained in the District's Annual Reports, the Property Owner's Semi-Annual Reports and the notices of material events is set forth in "APPENDIX E - Forms Of Continuing Disclosure Certificates." These covenants have been made in order to assist the Underwriter in complying with SEC Rule 15c2-12(b)(5). The obligation of the Property Owner to provide information is limited to the type of information described in its continuing disclosure undertakings, and no determination has been made that the Property Owner is an "obligated person" for purposes of the Rule. The District will not assume any responsibility for the enforcement of the Property Owner's obligations under its continuing disclosure undertakings nor for the accuracy of the information contained in the Property Owner's Semi-Annual Reports. Neither the District nor the Property Owner [CONFIRM FOR PROPERTY OWNER] has ever failed to comply in all material respects with any previous undertakings with regard to Rule 15c2-12 to provide annual reports or notices of material events. No Rating The District has not made, and does not contemplate making, application to any rating agency for the assignment of a rating to the Bonds. 41 Underwriting Stone & Youngberg LLC, the Underwriter of the Bonds, has agreed to purchase the Bonds from the District at a purchase price of $ (representing the original principal amount of the Bonds of $ less an underwriter's discount of $ ). The purchase contract under which the Underwriter is purchasing the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased. The obligation of the Underwriter to make such purchase is subject to certain terms and conditions set forth in such contract of purchase. The public offering prices of the Bonds may be changed from time to time by the Underwriter. The Underwriter may ,offer and sell Bonds to certain dealers and others at a price lower than the offering price stated on the cover page of this Official Statement. Professional Fees In connection with the issuance of the Bonds, fees payable to certain professionals are contingent upon the issuance and delivery of the Bonds, including: the Underwriter; Jones Hall, A Professional Law Corporation, as counsel to the Underwriter; Best Best & Krieger LLP, as Bond Counsel; Wells Fargo Bank, National Association, as Fiscal Agent; and Fieldman, Rolapp & Associates, as financial advisor to the District (a portion of whose fee is contingent). Miscellaneous All quotations from, and summaries and explanations of the Indenture, the Bonds, other documents and statutes contained in this Official Statement do not purport to be complete, and reference is made to said documents, the Indenture, and statutes for full and complete statements of their provisions. This Official Statement is submitted only in cormection with the sale of the Bonds by the District. The information contained in this Official Statement should not be construed as representing all conditions affecting the District, the City or the Bonds. All information contained in this Official Statement pertaining to the District and the City has been furnished by the City and the execution and delivery of this Official Statement has been duly authorized by the District and the City. CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-O2 (RANCHO CUCAMONGA CORPORATE PARK) By: /s/lack Lam City Manager 42 APPENDIX A SUMMARY APPRAISAL REPORT A-1 APPENDIX B RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX B-1 APPENDIX C SUMMARY OF THE INDENTURE C-1 APPENDIX D BOOK-ENTRY ONLY SYSTEM Book-Entry-Only System The information in this section concerning DTC and DTC 's book-entry only system has been obtained from DTC. The City takes no responsibility for the accuracy thereof. The City cannot and does not give any assurances that DTC, DTC Participants or Indirect Participants will distribute to the Beneficial Owners (a) payments of interest or principal with respect to the Bonds, (b) certificates representing ownership interest in or other confirmation or ownership interest in the Bonds, or (c) redemption or other notices sent to DTC or Cede & Co., its nominee, as the registered owner of the Bonds, or that they will so do on a timely basis or that DTC, DTC Participants or DTC Indirect Participants will act in the manner described in this Official Statement. The current "Rules" applicable to DTC are on file with the Securities and Exchange Commission and the current "Procedures" of DTC to be followed in dealing with DTC Participants are on file with DTC. DTC in New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered initially in the name of Cede & Co. (DTC's partnership nominee). One fully-registered bond certificate will be issued for each maturity of the Bonds in the aggregate principal amount of such maturity, and will be deposited with DTC. DTC is a limited-purpose trust company organized under the New York Banking law, a "banking organization" within the meaning of the New York Banking law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds securities that its participants ("Participants") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is owned by a number of its Direct Participants and by the New York Stock Exchange, Inc., the American Stock Exchange, Inc., and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks, and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The Rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC's records. The ownership interest of each actual purchaser of Bonds (a "Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive physical certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. D-1 To facilitate subsequent transfers, all Bonds deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. While Bonds are in the book-entry only system, redemption notices shall be sent to Cede & Co. If less than all of the Bonds within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participation in such maturity to be redeemed. Neither DTC nor Cede & Co. will consent or vote with respect to the Bonds. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Bonds will be made to DTC. DTC's practice is to credit Direct Participants' accounts on a payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect form time to time. Payment of principal and interest to DTC is the responsibility of the Fiscal Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, Bond certificates will be printed and delivered. Procedures If Book-Entry-Only System Is Discontinued If the book-entry-only system should be discontinued, the interest on, principal of and redemption premium (if any) on the Bonds would be payable at the principal corporate trust office of the Fiscal Agent. The interest due on or before maturity or redemption would be payable only to the person whose name appears as registered owner in the registration books required to be kept by the Fiscal Agent at the close of business as of the 15th day of the month D-2 next preceding each interest payment date. Interest would be paid by check mailed by first class mail to such registered owner at his or her address as it appears on such books, except that a registered owner of $1,000,000 or more in aggregate principal amount of Bonds then outstanding may request with 15 days' prior notice that payment be made by wire transfer on each such interest payment date. The principal of and redemption premium, if any, on the Bonds would be payable only to the person whose name appears in such registration books as the registered owner, such principal and redemption premium, if any, to be paid only on the surrender of each Bond to the Fiscal Agent at maturity or on redemption prior to maturity. If the book-entry-only system should be discontinued, the Bonds will be delivered in certificated form to the registered owners. Thereafter, any Bond may, in accordance with its terms, be transferred or exchanged on such books by the person in whose name it is registered, in person or by his or her duly authorized attorney, upon payment by the bondholder requesting such transfer or exchange of any tax or other governmental charge required to be paid with respect to such transfer or exchange and upon surrender of such Bond for cancellation accompanied by delivery of a duly executed written instrument of transfer of exchange in a form acceptable to the Fiscal Agent. Neither the City nor the Fiscal Agent is required (i) to transfer or exchange any Bonds during the 15-day period prior to the selection of any Bonds for redemption, or (ii) to transfer or exchange any Bond that has been selected for redemption in whole or in part, except the unredeemed portion of such Bond selected for redemption in part, from and after the day that such Bond has been selected for redemption. D-3 APPENDIX E FORMS OF CONTINUING DISCLOSURE CERTIFICATES APPENDIX F PROPOSED FORM OF OPINION OF BOND COUNSEL F-1 APPENDIX G GENERAL INFORMATION ABOUT THE CITY OF RANCHO CUCAMONGA Location The City of Rancho Cucamonga (the "City") is located in the foothills of the Los Angeles- San Bernardino Basin in the western portion of San Bernardino County, approximately 37 miles east of downtown Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 34.3 square miles and is bordered by Ontario on the south, Upland on the west and Fontana to the east. To the north are Cucamonga Peak and Mount Baldy. Municipal Government The City was incorporated in November 30, 1977, as a general law city operating under the council-manager form of government. It is governed by a five-member City Council (the "Council"), which includes a Mayor who is elected at large for a four year term, and four Council Members are elected at large for staggered four year terms. The Council appoints the City Manager and City Attorney. The City Manager is responsible for the daily administration of City affairs and for implementing Council policy and program decisions. For further information about the City see its Internet homepage at www.ci.rancho- cucamonga.ca.us. Population Prior to incorporation, the area generally within the corporate boundaries of the City experienced a rapid growth in population. Population figures for the City, the County and the State for the last five years are shown in the following table. CITY OF RANCHO CUCAMONGA Population Estimates City of County of State of Year Rancho Cucamonga San Bemardino California 1996 115,800 1,587,200 32,223,000 1997 117,300 1,605,000 32,670,000 1998 119,100 1,631,500 33,226,000 1999 122,200 1,660,200 33,766,000 2000 125,600 1,689,300 34,336,000 Source: State Department of Finance estimates (as of January 1) Employment The City is included in the Riverside-San Bernardino Metropolitan Statistical Area CMSA"). The unemployment rate in the Riverside-San Bernardino MSA was an estimated 6.0 percent during August 2000. This compares to the unadjusted unemployment rates of 5.7 percent for Los Angeles County and 5.0 percent for California for the same month. Separately, in Riverside County, the unemployment rate was estimated at 6.8 percent, and 5.1 percent in San Bernardino County in August 2000. Farm employment decreased by 8,100 iobs between July and August, a normal seasonal change. Year-over farm employment decreased by 800 jobs. G-1 The following table summarizes the civilian labor force, employment and unemployment in the County for the calendar years 1995 through 1999. These figures are county-wide statistics and may not necessarily accurately reflect employment trends in the City. RIVERSIDE-SAN BERNARDINO METROPOLITAN STATISTICAL AREA Civilian Labor Force, Employment and Unemployment (Annual Averages) 1995 1996 1997 1998 1999 CivLlian Labor Force (x) 1,292,800 1,302,100 1,352,300 1,387,500 1,442,600 Employment 1,180,800 1,201,900 1,259,200 1,302,600 1,368,600 Unemployment 112,000 100,200 93,100 84,800 74,000 Unemployment Rate 8.7% 7.7% 6.9% 6.1% 5.1% Wage and Salary Employment: (2) Total All Industries 801,700 824,800 863,100 903,800 955,200 Agriculture 21,800 21,300 21,700 21,600 21,600 Nonagricultural Industries 779,900 803,500 841,400 882,200 933,600 Mining 1,100 1,200 1,200 1,000 900 Construction 43,100 46,200 52,100 60,800 70,000 Manufacturing 94,400 99,200 104,800 111,400 118,300 Transportation, Public Utilities 40,800 41,100 42,500 45,700 48,700 Wholesale Trade 35,900 37,500 40,200 42,200 45,000 Retail Trade 170,000 172,600 177,800 181,000 186,700 Finance, Insurance, Real Estate 29,400 29,600 29,800 30,600 32,000 Services 202,600 208,700 221,500 234,900 248,800 Government 162,600 167,300 171,600 174,700 183,200 (1) Labor force data is by place of residence; includes self-employed individuals, unpaid family workers, household domestic workers, and workers on strike. (2) Industry employment is by place of work; excludes self-empIoyed individuals, unpaid family workers, household domestic workers, and workers on strike. Source: State of California Employment Development Department. Total nonfarm employment in Riverside and San Bernard;no counties decreased by 4,300 jobs between July and August to 969,200 jobs. Employment in the construction division grew by 1,100 jobs with the majority of increases in special trades. Manufacturing and transportation and public utilities employment increased by 500 and 200 jobs respectively. The finance insurance and real estate industry added 100 jobs over the month. No job changes were noted in the mining and wholesale trade industries. A decline of 5,200 jobs in the government industry division can be attributed to schools being closed for summer recess and the release of temporary workers hired for Census 2000. The services and retail trade industries had losses of 700 and 300 jobs respectively over the month. Year-over (August 1999 to August 2000) total nonfarm employment in Riverside and San Bernard;no counties rose by 37,900 jobs from 931,300 in August 1999 to 969,200 in August 2000, a growth rate of 4.1 percent. The services industry division added 13,100 jobs, led by the business services category. Construdtion employment grew by 8,100 jobs, with the majority of the job gains in special trades. The manufacturing and retail trade industries added 5,300 and 4,900 jobs respectively. Other industry divisions with year-over job gains include transportation and public utilities (up 2,200 jobs), wholesale trade (up 1,700 jobs), government (up 1,400 jobs), finance, insurance and real estate (up 1,100 jobs) and mining (up 100 jobs). G-2 Major Employers The following tables list the major manufacturing and non-manufacturing employers in the "Inland Empire" (which consists of Riverside and San Bernardino Counties) and their estimated number of employees as of January, 2000: SAN BERNARDINO AND RIVERSIDE COUNTIES Major Employers As of January, 2000 Company San Bernardino County Riverside County Stater Bros. Markets, Colton Ontario International Airport March Field, Moreno Valley Kaiser Permanente Medical Center Loma Linda University Medical Center Claremont Colleges Southern California Edison San Bernardino City Schools U.S. Postal Service Pacific Bell, Riverside General Telephone, Pomona Pomona Unified School District Hughes Missile Systems, Pomona Corona/Norco Unified School District Moreno Valley Unified School District UC Riverside United Parcel Service Pomona Valley Community Hospital Type of Business No. of Employees Cotmty Government 12,228 County Government 11,000 Retail Grocery 10,200 Airport 6,600 Military 5,759 Medical Services 5,600 Medical Services 5,200 Education 5,000 Utilities 4,900 Public Education 4,720 Postal Service 3,872 Utilities 3,600 Utilities 3,520 Public Education 3,500 Defense Systems 3,450 Public Education 3,000 Public Education 3,000 State University 2,800 Parcel Delivery 2,700 Medical Services 2,351 Source: City of Rancho Cucamonga Chamber of Commerce. Commercial Activity During calendar year 1999, total taxable transactions in the City were $1,111,610,000, or 11.6% greater than total taxable transactions of $996,102,000 that occurred in the City in the calendar year 1998. A summary of historic taxable sales within the City during the past five years is shown in the following table. Itemized figures for 1999 are not yet available. G-3 CITY OF RANCHO CUCAMONGA Taxable Transactions (figures in thousands) 1994 1995 1996 1997 1998 Retail Stores ApparelSt'ores $ 17,045 $ 18,088 $ 17,856 $ 16,772 $ 14,492 General Merchandise Stores 139,571 143,693 143,774 161,946 179,922 Drug Stores 10,555 9,983 10,577 (1) (1) Food Stores 56,993 59,047 61,553 62,699 63,830 Packaged Liquor Stores 2,742 2,321 2,364 (1) (1) Eating and Drixdcing Places 70,986 77,939 86,519 95,411 103,838 Home Furnishings and Appliances 21,897 48,098 21,755 17,111 17,618 Bldg. Materials & Farm Implements 17,656 19,564 30,988 67,636 70,747 Auto Dealers and Auto Supplies 12,011 13,020 11,625 12,195 23,779 Service Stations 38,946 42,958 46,955 49,297 43,435 Other Retail Stores 75,266 93.099 133t502 1331566 141,301 Retail Store Totals 463,668 527,810 567,468 616,633 658,962 All Other Outlets 222,528 241t805 259,912 289.653 337.140 TOTAL ALL OUTLETS $ 686.196 5 769.615 L82L3~ $3DL186 $ 996.102 (1) Drug stores have been merged with general merchandise stores and packaged liquor stores have been merged with other retail stores. Source: State Board of Equalization. Construction Activity Building activity for the past ten fiscal years in the City is shown in the following table. CITY OF RANCHO CUCAMONGA Building Permit Valuations Calendar Years 1995 through 1999 (Dollars in thousands) 1995 1996 1997 1998 1999 Residential Single Family $29,058.9 $89,905.5 $66,499.2 $141,774.2 $262,526.9 Multi Family 4,619,8 748.3 10,770.2 0.0 0.0 Alterations/Additions 7.791.2 9,102.3 12,670.9 7,750.7 6,851.9 Total $41,469.9 $99,756.1 $89,940.2 $149,524.9 $269,378.9 Non-Residential New Commercial $ 6,152.7 $10,842.9 $ 8,906.2 $ 7,082.7 $ 30,475.5 New Industrial 11,315.2 7,413.0 18,589.1 18,064.3 7,592.3 Other12~ 5,153.9 5,071.5 6,116.9 8,729.1 20,052.4 Alterations/Additions 13,548.1 11,520.3 15,528.8 12,424.2 22,751.6 Total $36,169.9 $34,847.7 $49,141.0 $46,300.0 80,871.8 Single Family UnitsOI 244 387 354 678 1,135 Multi-family UnitsI I 42 25 173 0 0 Total131 ~ 234 41~ 52"~ 67~ 1,135 (2) Includes churches and religious buildings, hospitals and institutional buildings, schools and educational buildings, residential garages, public works and utilities buildings and non-residential alterations and additions. (3) Not in thousands. Source: Construction Industry Research Board. G-4 Public Utilities and Services Police protection is contracted from the San Bernardino County Sheriff's Department. A Sheriff's substation is located within the City limits. Fire protection and rescue service are provided by the City-managed Fire protection District, which covers an area of approximately 53 square miles. Southern California Edison Company furnishes electricity and Southern California Gas Company furnishes natural gas to the City. Industrial waste and sewer services are provided by the Inland Empire Utilities Agency, and water is furnished to the City by the Cucamonga County Water District. Telephone service is provided by Verizon. Community Facilities The City provides 19 parks and 4 community centers for residents. Library services are provided by the City. The Rancho Cucamonga Quakes baseball club (an Anaheim Angels minor league affiliate) plays its home games at the City's sports complex, the Epicenter. Education Six school districts serve the residents of the City providing local educational opportunities from kindergarten through junior college. Major colleges and universities are located within commuting distance to the City providing residents with both public and private educational opporttmities in most of the major professions. Transportation Two interstate highways traverse the area. Interstate 10 is located south of the City's boundary and runs east and west, and Interstate 15 in the eastern section of the city runs north and south. Through these highways the City is linked by interstate highways to all areas of the State and to other states to the east. In addition, Interstate 210 is under construction in the northern portion of the City running east and west, and is expected to be complete in 2002. Three transcontinental railroads provide freight service to the City: Union Pacific Railroad, Southern Pacific Railroad, and the Atchison, Topeka and Santa Fe Railroad. Amtrak provides passenger rail service and Metrolink provides commuter rail service to the City. Several truck terminals are located nearby. Airline service from Ontario International Airport, which is adjacent to the City's southern boundary, is provided to approximately 50 cities in the United States. The airport has the capacity to serve wide-bodied jet airplanes. Los Angeles International Airport is located approximately 40 miles to the west of the City. The Port of Los Angeles is located approximately 40 miles to the west, and the Port of Long Beach is located approximately 75 miles to the south west. Greyhound and Continental Trailways provide transcontinental bus service. The Southern California Rapid Transit District and Omnitrans furnish intercounty and local bus service. G-5 29079-99 JH:SRF BOND PURCHASE AGREEMENT City Of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 10/24/00 11/02/00 AGENDA COPY 11/07/00 December ~ 2000 City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Ladies and Gentlemen: Stone & Youngberg LLC (the "Underwriter") offers to enter into this Bond Purchase Agreement (this "Purchase Agreement") with the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") which will be binding upon the District and the Underwriter upon the acceptance hereof by the District. Upon your acceptance of this offer, this Purchase Agreement will be binding upon the District and the Underwriter. This offer is made subject to its acceptance by the District by execution of this Purchase Agreement and its delivery to the Underwriter on or before 5:00 p.m., California time, on the date hereof. Terms not otherwise defined herein shah have the same meanings as set forth in the Indenture described below. Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agrees to purchase from the District for offering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 (the "Bonds"). The purchase price for the Bonds is $ (representing the aggregate principal amount of the Bonds of $ less an underwriter's discount of $ [and an original issue discount of $ ]). The Bonds will mature on the dates and in the amounts, and bear interest at the rates, and be subject to mandatory redemption as set forth in Appendix A attached hereto. Section 2. Description of the Bonds. The Bonds will be issued pursuant to the following: · the Mello-Roos Community Facilities Act of 1982 (constituting Sections 53311 et seq. of the California Government Code) (the "Act"), · a resolution adopted on November 15, 2000 (the "Resolution of Issuance") by the City Council of the City of Rancho Cucamonga (the "City"), acting as the legislative body of the District, and · a Bond Indenture dated as of November 1, 2000 (the "Indenture"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). The Bonds will mature on the dates and in the principal amounts, and will bear interest at the rates, as set forth in Appendix A hereto, and wLLI be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (together with all appendices, amendments and supplements thereto, the "Official Statement"). The District shall apply the proceeds of the Bonds to finance the purchase of the Facilities described in the Official Statement. Section 3. Public Offering. The Underwriter agrees to make a bona fide public offering of all the Bonds initially at the public offering prices (or yields) set forth on the cover of the Official Statement. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the Interest rates set forth on the cover of the Official Statement. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. Section 4. Official Statement; Continuing Disclosure. The District has delivered or caused to be delivered to the Underwriter prior to the execution of this Purchase Agreement or the first offering of the Bonds, whichever first occurs, copies of the Preliminary Official Statement relating to the Bonds (the "Preliminary Official Statement"). Such Preliminary Official Statement is the official statement deemed final by the District for purposes of Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") and approved for distribution by resolution of the District. The District shall have executed and delivered to the Underwriter a certification to such effect In the form attached as Appendix C. Within 7 business days after the date of this Purchase Agreement, the District shall deliver to the Underwriter a final Official Statement, executed on behalf of the District by an authorized representative of the DiStrict and dated the date hereof, which shall include information permitted to be omitted by paragraph (b)(1) of the Rule and with such other amendments or supplements as shall have been approved by the District and the Underwriter. The District will undertake, pursuant to the Indenture and a continuing disclosure certificate (the "Continuing Disclosure Certificate"), to provide certain annual financial information and notices of the occurrence of certain events, f material. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the final Official Statement. Section 5. The Closing. At 8:00 a.m., California time, on December __, 2000, or at such other time or on such earlier or later business day as are mutually agreed upon by the District and the Underwriter, the District will deliver (i) the Bonds in definitive form to the Underwriter at The Depository Trust Company In New York, New York, or such other location as may be specified by the Underwriter, with CUSIP identification numbers printed thereon, in fully registered form and registered in the name of Cede & Co., and (ii) the closIng documents hereinafter mentioned at the offices of Best Best & Krieger LLP, San Diego, California or another place to be mutually agreed upon by the District and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth In Section 1 hereof by federal funds wire payable to the order of the Fiscal Agent on behalf of the District. This payment and delivery, together with the delivery of the aforementioned documents, is herein called the "Closing." The Bonds will be delivered in such denominations and deposited in the account or accounts specified by the Underwriter pursuant to written notice not later than five business days prior to Closing. The Bonds will be made available to The Depository Trust Company for inspection not less than 24 hours prior to the Closing. Section 6. Representations, Warranties and Covenants. The District represents, warrants and covenants to the Underwriter that: (a) Due Organization, Existence and Authority. The District is duly organized and existing under the Act, with full right, power and authority to execute, deliver and perform its obligations under this Purchase Agreement, the Indenture and the Continuing Disclosure Certificate (together, the "District Documents") and to issue the Bonds and otherwise carry out and consummate the transactions contemplated by the District Documents and the Official Statement. (b) Due Authorization and Approval. By all necessary official action of the City Council as legislative body of the District, the District has duly authorized and approved (i) the execution and delivery of, and the performance by the District of the obligations contained in, the District Documents, (ii) the distribution and use of the Preliminary Official Statement and execution, delivery and distribution of the Final Official Statement, and (iii) the taking of any and all such action as may be required on the part of the Community Facilities District to carry out, give effect to and consummate the transactions on its part contemplated by such instruments, and as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, the District Documents will constitute the legally valid and binding obligations of the District enforceable 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. The District has complied, and will at the Closing be in compliance in all respects, with the terms of the District Documents. All consents or approvals necessary to be obtained by the Community Facilities District in connection with the foregoing have been received, and the consents or approvals so received are still in full force and effect. (c) Official Statement Accurate and Complete. The Preliminary Official Statement was as of its date, and the final Official Statement is, and at all times subsequent to the date of the final Official Statement up to and including the Closing will be, true and correct in all material respects, and the Preliminary Official Statement and the final Official Statement contain, and up to and including the Closing will contain, no misstatement of any material fact and do not, and up to and including the Closing will not, omit any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading. (d) Underwriter's Consent to Amendments and Supplements to Official Statement. The District will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The District will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. If, at any time prior to the earlier of (i) receipt of notice from the Underwriter that Final Official Statement is no longer required to be delivered under Rule 15c2-12 or (ii) the Closing Date (as described in Section 6 below), any event known to the officers of the District participating in the issuance of the Bonds occurs with respect to the District or the City as a result of which the final Official Statement as then amended or supplemented might include an untrue statement of a material fact, or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, the District shall promptly notify the Underwriter in writing of such event. Any information supplied by the District for inclusion in any amendments or supplements to the final Official Statement will not contain any untrue or misleading statement of a material fact relating to the District or the City or omit to state any material fact relating to the District or the City necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (e) No Breach or Default. As of the time of acceptance hereof and as of the time of the Closing, except as otherwise disclosed in the Official Statement, the District is not and will not be in breach of or in default under any applicable constitutional provision, law or administrative rule or regulation of the State of California or the United States, or any applicable judgment or decree or any Indenture, 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. As of the tinge of acceptance hereof and as of the time of the Closing, except as disclosed in the Official Statement, the authorization, execution and delivery of the District Documents and compliance with the provisions of each of such agreements or instruments do not and will not conflict with or constitute a breach of or default under any applicable constitutional provision, law or administrative rule or regulation of the State of California or the United States, or any applicable judgment, decree, license, permit, indenture, 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. Neither the District nor the City has failed to comply with any prior continuing disclosure undertaking under Rule 15c2-12. (f) No Litigation. As of the time of acceptance hereof and the Closing, except as may be disclosed in the Official Statement, no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government authority, public board or body, pending or threatened (i) in any way questioning the corporate existence of the District or the City, or the titles of the officers of the District or the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or the District Documents or the consummation of the transactions contemplated thereby, or contesting the exclusion of the interest on the Bonds from' taxation or contesting the powers of the District and its authority to pledge the revenues securing the Bonds; (iii) which may result in any material adverse change relating to the District or the City; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the final Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the final Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements there'm, in the light of the circumstances under which they were made, not misleading, and there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of this sentence. (g) Compliance with Local Goals and Policies. The issuance of the Bonds by the District conforms with the "Statement of Goals and Policies for the Use of the Mello- Roos Community Facilities Act of 1982" adopted by the City on July 21, 1999. (h) Blue Sky Laws. The District shall cooperate with the Underwriter in endeavoring to qualify the Bonds for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriter may request; provided, however, that the District shall not be required to execute a special or general consent to service of process in any jurisdiction in which it is not now so subject or to qualify to do business in any jurisdiction where it is not now so qualified. (i) Neither the District nor the City shall take or omit to take, as appropriate, any action that would cause the interest on the Bonds to be subject to California personal income taxation or affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 7. Closing Conditions. The Underwriter has entered into this Purchase Agreement in reliance upon the representations, warranties and covenants herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of the Closing. The Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds are subject to the following additional conditions: (a) Bring-Down Representation. The representations, warranties and covenants of the District contained in this Purchase Agreement must be true, complete and correct at the date hereof and at the time of the Closing, as f made on the date of the Closing. (b) Effectiveness of District Documents, Official Statement and District Resolutions. At the time of the Closing (i) the District Documents must be in full force and effect, and neither the District Documents nor the Official Statement may have been amended, modified or supplemented except with the written consent of the Underwriter, and (ii) there shall be in full force and effect such resolutions as, in the opinion of Bond Counsel, shall be necessary in connection with the transactions contemplated by this Purchase Agreement, the Official Statement and the District Documents. (c) Closing Documents. At or prior to the Closing, the Underwriter shall receive each of the documents identified in Section 8. Section 8. Closing Documents. In addition to the other conditions to the Underwriter's obligations under this Purchase Agreement to purchase and pay for the Bonds, at or before the Closing the Underwriter shall receive each of the following documents, provided that the actual payment for the Bonds by the Underwriter and the acceptance of delivery thereof shall be conclusive evidence that the requirements of this Section 8 shall have been satisfied or waived by the Underwriter. (a) Bond Opinion and Reliance Letter. An approving opinion of Bond Counsel dated the date of the Closing and substantially in the form appended to the Official Statement, together with a letter from such counsel, dated the date of the Closing and addressed to the Underwriter, to the effect that the foregoing opinion addressed to the District may be relied upon by the Underwriter to the same extent as if such opinion were addressed to them. (b) Supplemental Opinion. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the date of the Closing substantially to the following effect: (i) The District Documents, the Bonds and the Official Statement have been duly authorized, executed and delivered by the District, and the District Documents and the Bonds constitute the valid, legal and binding agreements of the District, enforceable in accordance with their respective terms. (ii) The statements contained in the Official Statement (including the cover page and the Appendices thereto) that purport to summarize certain provisions of the Bonds, the Indenture, the approving opinion of Bond Counsel or federal tax law, are accurate; provided that Bond Counsel need not express any opinion with respect to any financial or statistical information contained in the Official Statement. (iii) The Bonds are exempt from registration under the Securities Act of 1933, as amended, and the Indenture are exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended. (iv) The District is a community facilities district duly organized and validly existing under the laws of the State of California, including the Act. (c) District Counsel Opinion. An opinion of Richards, Watson & Gershon, counsel to the District, dated the date of the Closing and addressed to the Underwriter, in form and substance acceptable to Bond Counsel substantially to the following effect: (i) The Resolution of Issuance has been duly adopted by the District, is in full force and effect and has not been modified, amended or rescinded. (ii) Without conducting an independent investigation, except as otherwise disclosed in the Official Statement and to the best knowledge of such counsel after due inquiry, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending or threatened against the District challenging the creation, organization or existence of the, or the validity of the District Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the District Documents or contesting the authority of the District to enter into or perform its obligations under any of the District Documents, or under which a determination adverse to the District would have a material adverse effect upon the financial condition or the revenues of the District, or which, in any manner, questions the right of the District to pledge the Revenues to the payment of the Bonds. (d) Fiscal Agent Counsel Opinion. The opinion of counsel to the Fiscal Agent, dated the date of the Closing, addressed to the Underwriter, to the effect that: (i) The Fiscal Agent is a national banking association duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trust created under the Indenture. (ii) The indenture have been duly authorized, executed and delivered by the Fiscal Agent and constitute the legal, valid and binding obligations of the Fiscal Agent 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. (e) Underwriter's Counsel Opinion. An opinion of Jones Hall, A Professional Law Corporation ("Underwriter's Counsel"), dated the Closing Date, and addressed to the Underwriter, to the effect that: (i) during the course of serving as Underwriter's Counsel in connection with the execution and delivery of the Bonds and without having undertaken to determine independently or assuming any responsibility for the accuracy, completeness or fairness of the statements contained in the Official Statement, no information came to the attention of the attorneys in such firm rendering legal services in connection with the issuance of the Bonds that would lead them to believe that the Official Statement (excluding therefrom the financial statements, any financial or statistical data, or forecasts, charts, numbers, estimates, projections, assumptions or expressions of opinion included in the Official Statement, information regarding the Insurer and its Policy, information regarding DTC, and the appendices to the Official Statement as to which no opinion need be expressed), as of the date thereof or the Closing Date, contains any untrue statement of a material fact or omits to state a material fact required to be stated there'm or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (Li) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended; (f) District 15c2-12 Certificate. A certificate of the District, dated the date of the Preliminary Official Statement, signed on behalf of the District by a duly authorized officer of the District, in the form attached as Appendix B or such other form approved by the Underwriter. (g) District Closing Certificate. A certificate of the District, dated the date of the Closing, signed on behalf of the District by a duly authorized officer of the District, in the form attached as Appendix C or such other form approved by the Underwriter. (h) Fiscal Agent's Certificate. A certificate of the Fiscal Agent, dated the date of the Closing, signed on behalf of the Fiscal Agent by a duly authorized officer of the Fiscal Agent, in the form attached as Appendix D or such other form approved by the Underwriter. (i) Fiscal Agent Resolution and Incumbency Certificate. A copy of the general resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by certain officers of the Fiscal Agent, which resolution authorizes the authentication and delivery. of the Bonds and the execution and delivery of the Indenture, along with an incumbency certificate with respect to the officers of the Fiscal Agent. (j) Property Owner's 10b-5 Certificate. A certificate of Catellus Development Corporation (the "Property Owner"), dated the date of the Preliminary Official Statement, signed on behalf of the Property Owner by a duly authorized officer of the Property Owner, in the form attached as Appendix E or such other form approved by the Underwriter. (k) Property Owner's Closing Certificate. A certificate of the Property Owner, dated the date of the Closing, signed on behalf of the Property Owner by a duly authorized officer of the Property Owner, in the form attached as Appendix F or such other form approved by the Underwriter. (1) Property Owner's Cotmsel Opinion. An opinion of counsel to the Property Owner, dated the date of the Closing, addressed to the Underwriter and the District, to the effect that: (i) The Property Owner is a corporation, duly' formed and validly existing under the laws of the State of Delaware, duly qualified to transact business in the State of California, and possessed of full power and authority to conduct its business as presently conducted and as contemplated to be conducted by its Articles of Incorporation and the Bylaws and to own its properties (including, without limitation, the property in the District). (ii) The Property Owner Continuing Disclosure Certificate has been duly authorized, executed and' delivered by the Property Owner, and the Property Owner Continuing Disclosure Certificate constitutes the valid, legal and binding agreement of the Property, enforceable in accordance with its terms. (iii) To the ~ctual knowledge of such counsel, there are no legal or governmental actions, proceedings, inquiries or investigations pending or threatened to which the Property Owner is a party or of which any property in the District is subject, which, if determined adversely to the Property Owner, would individually or in the aggregate (a) have a material adverse effect on the financial position or operations of the Property Owner, considered as a whole, or (b) materially and adversely affect the ability of the Property Owner to complete the proposed development of its property in the District. (iv) During the course of serving as counsel to the Property Owner in connection with the execution and delivery of the Bonds, and without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Official Statement, no informafion came to the attention of the attorneys in such firm rendering legal services in connection with the issuance of the Bonds that would lead them to believe that the sections of the Preliminary Official Statement entitled "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMATION Continuing Disclosure," as they relate to the Property Owner and its organization, activities, properties and financial condition, and the Development, contain any untrue statement of a material fact or omit any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (m) Special Tax Consultant's Certificate. A certificate of the Special Tax Consultant, dated the date of the Closing, in the form attached as Appendix G or such other form approved by the Underwriter, relating to the Official Statement. (n) Appraiser's Certificate. A certificate of the Appraiser, dated the date of the Closing, in the form attached as Appendix H or such other form approved by the Underwriter, relating to the Official Statement. (o) Original Executed Documents. An original executed copy of the Official Statement, the Issuance Resolution and each of the District Documents. (p) Property Owner Continuing Disclosure Certificate. An original executed copy of the Property Owner Continuing Disclosure Certificate. (q) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, Underwriter's Counsel, the District or the Underwriter may reasonably deem necessary. If the District is unable to satisfy the conditions contained in this Purchase Agreement, or if the obligations of the Underwriter are terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the Underwriter nor the District shall be under further obligation hereunder, except as further set forth in Section 10. Section 9. Termination Events. The Underwriter may terminate this Purchase Agreement, without liability, by notification to the District if at any time between the date hereof and prior to the Closing: (a) any event occurs which causes any statement contained in the Official Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereoff in the opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any n21ing or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Departmentl the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the District, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, rule or regulation is introduced in, or enacted by any governmental body, department or authority of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States is rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation is enacted by the Congress of the United States, or a decision by a cou~t of the United States is rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental district having jurisdiction of the subject matter is issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including aH underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust indenture Act of 1939, as amended and as then in effect; or (e) additional material restrictions not in force as of the date hereof are imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adversely affect the Underwriter's ability to trade the Bonds; or (f) a general banking moratorium is established by federal or California authorities; or (g) the United States becomes engaged in hostilities that resulte in a declaration of war or a national emergency or any other outbreak of hostilities or a national or international calamity or crisis occurs, or any escalation of existing hostilities, calamity or crisis occurs, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or (h) any action, suit or proceeding described in Section 6(f) is commenced with respect to either the District or the City which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or (i) a general suspension of trading on the New York Stock Exchange is in force. Section 10. Expenses. The Underwriter has no obligation to pay, and the District shall pay or cause to be paid, the expenses incident to the performance of the obligations of the District under this Purchase Agreement, including but not limited to (a) the costs of the preparation and printing, or other reproduction (for distribution on or prior to the date hereof) of the District Documents and the cost of preparing, printing, issuing and delivering the definitive Bonds; (b) the fees and disbursements of any counsel, financial advisors, accountants or other experts or consultants retained by the District and the City; (c) the fees and disbursements of Bond Counsel and Underwriter's Counsel (but only to the extent to which such counsel's fee relates to preparation of the preliminary and final Official Statement); and (d) the cost of printing of the Preliminary Official Statement and any supplements and amendments thereto and the cost of printing of the Official Statement, including the requisite number of copies thereof for distribution by the Underwriter. The Underwriter shall pay, and the District has no obligation to pay, all expenses incurred by it in connection with the public offering and distribution of the Bonds, including but not limited to (a) reporting fees chargeable by the California Debt and Investment Advisory Commission, (b) the portion of Underwriter Counsel's fee not relating to preparation of the preliminary and final Official Statement, and (c) CUSIP Service Bureau fees. Section 11. Notice. Any notice or other communication to be given to the District under this Purchase Agreement may be given by delivering the same in writing to such entity at the address set forth above. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to: Stone & Youngberg LLC, 50 California Street, 35th Floor, San Francisco, CA 94111, Attention: Mr. Jim Cervantes. Section 12. Entire Agreement. This Purchase Agreement, when accepted by the District, constitutes the entire agreement between the District and the Underwriter and is made solely for the benefit of the District and the Underwriter (including the successors or assigns of any Underwriter). No other person shall acquire or have any right hereunder by virtue hereof, except as provided herein. All the District's representations, warranties and agreements in this Purchase Agreement shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of the Underwriter. Section 13. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. Section 14. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shah not affect any other provision hereof. Section 15. Goveming Law. The validity, interpretation and performance of this Purchase Agreement shall be governed by the Bond Laws of the State of California. -11- Section 16. No Assignment. The fights and obligations created by this Purchase Agreement shah not be subject to assignment by the Underwriter or the District without the prior written consent of the other parties hereto. STONE & YOUNGBERG LLC, as Underwriter Accepted as of the date first stated above: CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2O0O-O2 (RANCHO CUCAMONGA CORPORATE PARK) APPENDIX A Maturity Schedule of Bonds Principal Payment Date Principal (September 1) Amount Interest Rate Price Yield A-I APPENDIX B DISTRICT RULE 15c2-12 CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of the City of Rancho Cucamonga (the "City"), the city council of which is the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of the District in connection with the issuance of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the District as follows: (1) This Certificate is delivered in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement (the "PrelimInary Official Statement"). (3) As used herein, "Permitted Omissions" shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds dependIng on such matters, all with respect to the Bonds. (4) The Preliminary Official Statement is, except for the Permitted Omissions, deemed final within the meaning of the Rule. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: November ~ 2000 CITY OF RANCHO CUCAIVIONGA COMiMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) By: /s/lack Lam City Manager B-I APPENDIX C DISTRICT CLOSING CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of the City of Rancho Cucamonga (the "City"), the city council of which is the legislative body of the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District"), and as such is duly authorized to execute and deliver this Certificate on behalf of the District in connection with the issuance of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the District as follows: (i) The representations, warranties and covenants of the District contained in the Bond Purchase Agreement by and between the District and Stone & Youngberg LLC, dated November __, 2000 (the "Purchase Agreement") are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing and the District has complied with all of the terms and conditions of this Purchase Agreement required to be complied with by the District at or prior to the date of the Closing. (ii) No event affecting the District or the City has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. (iii) Except as otherwise disclosed in the Official Statement and to the best knowledge of such signing officer without conducting an independent investigation, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending or threatened against the District or the City challenging the creation, organization or existence of the District, or the validity of the District Documents or seeking to restrain or enjoin the repayment of the Bonds or in any way contesting or affecting the validity of the District Documents or contesting the authority of the District to enter into or perform its obligations under any of the District Documents, or under which a determination adverse to the District or the City would have a material adverse effect upon the financial condition or the revenues of the District, or which, in any manner, questions the right of the District to pledge the Revenues to the payment of the Bonds. Capitalized terms not defined herein shall have the same meaning as is set forth in the Purchase Agreement. C-1 IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December ~ 2000 CITY OF RANCHO CUCAMONGA CO1VI1VIUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) By: /s/lack Lam City Manager C-2 APPENDIX D FISCAL AGENT CERTIFICATE The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Wells Fargo Bank, National Association, a national banIcing association (the "Fiscal Agent"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Fiscal Agent in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Fiscal Agent as follows: (i) The Fiscal Agent is duly organized and existing as a national banking association in good standing under the laws of the United States of America, having the full power and authority to enter into and perform its duties under the Indenture. (~) The Fiscal Agent is duly authorized to enter into the Indenture. (iii) To its best knowledge after due inquiry, there is no action, suit, proceeding or investigation, at law or in equity, before or by any court or governmental district, public board or body pending against the Fiscal Agent or threatened against the Fiscal Agent which, in the reasonable judgment of the Fiscal Agent, would affect the existence of the Fiscal Agent, contests or affects the validity or enforceability of the Indenture, or contests the powers of the Fiscal Agent or its authority to enter into and perform its obligations under the Indenture. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December __, 2000 WELLS FARGO BANK, NATIONAL ASSOCIATION Authorized Officer D-1 APPENDIX E 10b-5 CERTIFICATE OF PROPERTY OWNER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Catellus Development Corporation, a Delaware corporation (the "Property Owner"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Property Owner in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Property Owner as follows: (1) This Certificate is delivered in order to enable the underwriter of the Bonds to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule"). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement (the "Preliminary Official Statement"), setting forth information concerning, among other things, the Bonds, the Property Owner and its organization, activities, properties and financial condition, and the development (the "Development") that has been and is intended to be constructed and owned by the Property Owner within the District. (3) The sections of the Preliminary Official Statement entitled "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMATION - Continuing Disclosure," as they relate to the Property Owner and its organization, activities, properties and financial condition, and the Development, contain no untrue statement of a material fact and do not omit any material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. IN WITNESS WHEREOF, the findersigned has executed this certificate as of the date set forth below. Dated: November ~ 2000 CATELLUS DEVELOPMENT CORPORATION Its: E-I APPENDIX F CLOSING CERTIFICATE OF PROPERTY OWNER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Catellus Development Corporation, a Delaware corporation (the "Property Owner"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Property Owner in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Property Owner as follows: (1) The Property Owner has duly authorized, by all necessary action, the execution, delivery and due performance of the Property Owner Continuing Disclosure Certificate. The Property Owner has not previously failed to comply with any obligations it has undertaken under Rule 15c2-12 of the Securities and Exchange Commission under the Securities Exchange Act of 1934. (2) The Property Owner Continuing Disclosure Certificate has been duly executed and delivered by the Property Owner. (3) The information contained in the sections of the final Official Statement entitled "THE DISTRICT," "OWNERSHIP OF PROPERTY WITHIN THE DISTRICT," "PROPOSED DEVELOPMENT WITHIN THE DISTRICT" and "CONCLUDING INFORMATION - Continuing Disclosure," but only to the extent that information relates to the Property Owner, its organization, activities, properties and financial condition and to the development (the "Development") constructed and intended to be constructed within the District by the Property Owner, is true and correct in all material respects and does not contain any untrue or incorrect statement of a material fact and does not omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. Nothing in this paragraph constitutes a representation by the Property Owner as to the adequacy of the scope of the disclosure contained in the Official Statement. (4) The Property Owner has full power and authority to own its property (including, without limitation, the Development) and to carry on its business as presently conducted and as described in the final Official Statement. (5) There are no pending or, to the knowledge of the Property Owner, threatened legal or administrative proceedings to which the Property Owner is a party or to which property of the Property Owner is subject, which if decided adversely to the Property Owner could specifically, materially and adversely affect the transactions contemplated by the Purchase Agreement or by the final Official Statement or which could materially and adversely affect the validity or enforceability of the Bonds, the Issuance Resolution, the Indenture, the Property Owner Continuing Disclosure Certificate or the Purchase Agreement. (6) No event has occurred since the date of the Preliminary Official Statement which has materially and adversely affected or is reasonably expected to materially and adversely affect the business, properties, operations, prospects or financial condition of the Property Owner. F1 (7) The Property Owner is solvent and no proceedings are pending or, to the best knowledge of the Property Owner, threatened in which the Property Owner may be adjudicated as bankn~pt, or become the debtor in a bankruptcy proceeding, or discharged from any or all of its debts or obligations or granted an extension of time to pay its debts or a reorganization or readjustment of its debts. (8) The Property Owner has not previously defaulted on the payment of special taxes or assessments in connection with any community facilities districts or assessment districts in which the Property Owner has been or is a property owner. (9) Except as disclosed in the final Official Statement, the Property Owner has not submitted an application for, nor received actual notice of, (i)the formation or authorization of any assessment district or community facilities district which would include any portion of the land within the District, or (ii) the authorization or issuance of any debt secured by a special tax to be levied on any portion of the land within the District, other than the Special Tax. Capitalized terms not defined herein shall have the same meaning as is set forth in the Bond Purchase Agreement between Stone & Youngberg LLC and the District. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December __, 2000 CATELLUS DEVELOPMENT CORPORATION Its: F2 APPENDIX G CERTIFICATE OF SPECIAL TAX CONSULTANT The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Willdan/MuniFinancial (the "Special Tax Consultant"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Special Tax Consultant in connection with the issuance by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Special Tax Consultant as follows: (i) Based upon the Special Tax Consultant's review of the Rate and Method of Apportionment of the Special Tax (the "Rate and Method") set forth in Appendix B to the Official Statement, the Special Tax Consultant hereby certifies that the Special Tax, if levied in the maximum amounts permitted pursuant to the Special Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least 110% of the gross annual debt service on the Bonds, provided that the annual debt service figures on the attached debt service schedule, which were relied upon by Special Tax Consultant, are substantially true and correct. (ii) Although the Special Tax, if levied in the maximum amounts under the Special Tax formula set forth in the Rate and Method, would be levied in an amount equal to at least 110% of the gross annual debt service payable with respect to the Bonds each year, no representation is made herein as to actual amounts that will be collected in future years. (iii) All information with respect to the Rate and Method in the Official Statement is true and correct as of the date of the Official Statement and as of the date hereof. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December ~ 2000 WILLDAN,rMUNIFINANCIAL By: Its: G-I DEBT SERVICE SCHEDULE [TO COME] G-2 APPENDIX H CERTIFICATE OF APPRAISER The undersigned hereby certifies and represents that he or she is a duly appointed and acting authorized officer of Bruce W. Hull & Associates, Inc. (the "Appraiser"), and as such is duly authorized to execute and deliver this Certificate on behalf of the Appraiser in connection with the issuance by the City of Rancho Cucamonga Community Facihties District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") of its Special Tax Bonds, Series 2000 (the "Bonds"), and further hereby certifies and reconfirms on behalf of the Appraiser as follows: (i) The Appraiser prepared an appraisal of the properties within the District dated October 12, 2000 (the "Appraisal"). The Appraisal is described and summarized in the Preliminary Official Statement dated November ~ 2000 (the "Preliminary Official Statement") and the Official Statement dated December ~ 2000 (the "Official Statement"), including Appendix A thereto, relating to the Bonds. (ii) The Appraiser hereby certifies that all information with respect to the Appraisal in the Official Statement is true and correct as of the date of the Official Statement and as of the date hereof. (iii) The Appraiser hereby consents to the use of the Appraisal in connection with the distribution and use of the Preliminary Official Statement and Official Statement. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: December ~ 2000 BRUCE W. HULL & ASSOCIATES, INC. Its: H-1 i ~'~ 2907%99 JH:SRF 10/24/00 11/02/00 AGENDA COPY 11/07/00 CONTINUING DISCLOSURE CERTIFICATE (Issuer) City Of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered by the City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) (the "District") in connection with the issuance by the District of its Special Tax Bonds, Series 2000 (the "Bonds"). The Bonds are being issued under a Bond Indenture dated as of November 1, 2000 (the "Indenture"), by and between the District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent"). The District hereby covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the District for the benefit of the holders and beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with S.E.C. Rule 15c2- 12(b)(5). Section 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms have the following meanings: "Annual Report" means any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. "City" means the City of Rancho Cucamonga. "Dissemination Agent" means Wells Fargo Bank, National Association, or any successor Dissemination Agent designated in writing by the District and which has filed with the District a written acceptance of such designation. "Listed Events" means any of the events listed in Section 5(a) of this Disclosure Certificate. "National Repository" means any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Information on the National Repositories as of a particular date is available on the Internet at www.sec.gov/consumer/nrmsir.htm. "Official Statement" means the Official Statement relating to the Bonds. "Participating Underwriter" means Stone & Youngberg LLC. "Report Date" means seven months after the end of the District's fiscal year, or February 1 of each year based upon the District's current June 30 fiscal year end. "Repository" means each National Repository and each State Repository. "Rule" means Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as may be amended from time to time. "State Repository" means any public or private repository or entity designated by the State of California as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Comn~ission. As of the date of this Disclosure Certificate, there is no State Repository. Section 3. Provision of Annual Reports. (a) The District shall, or shall cause the Dissemination Agent to, not later than the Report Date, commencing February 1, 2001, provide to the Participating Underwriter and each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 Business Days prior to the Report Date, the District shall provide the Annual Report to the Dissemination Agent (if other than the District). The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report, and later than the date required above for the filing of the Annual Report if not available by that date. The District shah give notice of any change in its fiscal year in the same manner as for a Listed Event under Section 5(c). (b) If the District is unable to provide to the Repositories an Annual Report by the Report Date, the District shah send a notice to the Municipal Securities Rulemaking Board and the appropriate State Repository, if any, in substantially the form attached as Exhibit A. (c) The Dissemination Agent shall: (i) determine each year prior to the Report Date the name and address of each National Repository and each State Repository, if any; and (ii) if the Dissemination Agent is other than the District, file a report with the District certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, stating the date it was provided and listing all the Repositories to which it was provided. Section 4. Content of Annual: Reports. The District's Annual Report shall contain or incorporate by reference the information set forth in Exhibit B, any or all of which may be included by specific reference to other documents, including official statements of debt issues of the District, the City or related public entities, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the docttment included by reference is a final official statement, it must be available from the MSRB. The District shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. (a) The District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) Principal and interest payment delinquencies. (2) Non-payment related defaults. (3) Unscheduled draws on debt service reserves reflecting financial difficulties. (4) Unscheduled draws on credit enhancements reflecting financial difficulties. B-2 (5) Substitution of credit or liquidity providers, or their failure to perform. (6) Adverse tax opinions or events affecting the tax-exempt status of the security. (7) Modifications to fights of security holders. (8) Contingent or unscheduled bond calls. (9) Defeasances. (10) Release, substitution, or sale of property securing repayment of the securities. ( 11 ) Rating changes. (b) Whenever the District obtains knowledge of the occurrence of a Listed Event, the District shall as soon as possible determine if such event would be material under applicable Federal securities law. (c) If the District determines that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, the District shall promptly file a notice of such occurrence with the Municipal Securities Rulemaking Board and each State Repository. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(8) and (9) need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds pursuant to the Indenture of Trust. Section 6. Termination of Reporting Obligation. The District's obhgations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give notice of such termination in the same n'k~nner as for a Listed Event under Section 5(c). Section 7. Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be Wells Fargo Bank, National Association. Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Indenture of Trust for amendments to the Indenture of Trust with the consent of holders, or (ii) does not, in the opinion of the Fiscal Agent or nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. B-3 If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first annual financial information filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to the undertaking specifying the accounting principles to be followed in preparing financial statements, the annual financial information for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the District to meet its obligations. To the extent reasonably feasible, the comparison shall be quantitative. A notice of the change in the accounting principles shah be sent to the Repositories in the same manner as for a Listed Event under Section 5(c). Section 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 10. Default. In the event of a failure of the District to comply with any provision of this Disclosure Certificate, the Fiscal Agent may (and, at the request of any Participating Underwriter or the holders of at least 25% aggregate principal amount of Outstanding Bonds, shaH), or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with it~ obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall! not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an action to compel performance. Section 11. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shah have only such duties as are specifically set forth in this Disclosure Certificate, and the District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, inducting the costs and expenses (including attorneys fees) of defending against any claim of Eability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obEgations of the District under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. B-4 Section 12. Notice. Any notice or other communication to be given to the District under this Continuing Disclosure Certificate may be given by delivery in writing to: City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) c/o City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Attention: Any nofice or other commu~cation to be given to the Underwriter under this Continuing Disclosure Certificate may be given by delivery in writing to: Stone & Youngberg LLC 50 California Street, 35th Floor San Francisco, CA 94111 Attention: Municipal Research Group. Section 13. Beneficiaries. This Disclosure Certificate shah inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriters and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: December ~ 2000 CITY OF RANCHO CUCAMONGA COMMUNII'Y FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) By: /s/lack Lam City Manager Acceptance of Dissemination Agent: AGREED AND ACCEPTED: WELLS FARGO BANK, NATIONAL ASSOCIATION as Dissemination Agent Authorized Representative B-5 EXHIBIT A NOTICE OF FAILURE TO HLE ANNUAL REPORT Name of Issuer: City of Rancho Cucamonga Commtmity Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Name of Bond Issue: Date of Issuance: City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 (the "Bonds") December ~ 2000 NOTICE IS HEREBY GIVEN that the City of Rancho Cucamonga Commtmity Facilities District No. 2000-02 (Rancho Cucam0nga Corporate Park) (the "District") has not provided an Annual Report with respect to the above-named Bonds as required by that certain Continuing Disclosure Certificate dated December __, 2000 with respect to the Bonds. The District anticipates that the Annual Report will be filed by Dated: CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) By: cc: Fiscal Agent A-1 DO-IIBIT B ISSUER ANNUAL REPORT City Of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000 This Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate dated as of December ~ 2000 executed by the undersigned (the "District") in connection with the issuance by the District of the above-captioned bonds. (a) Financial Statements. Attached to this Annual Report are (i) audited financial statements of the District and the City prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Board, or (ii) unaudited financial statements of the District and the City (because the audited financial statements were not available by the Report Date), and the audited financial statements will be filed in the same manner as this Annual Report when they become available. (b) Yearly Report Provided to CDIAC. Attached to this Annual Report is copy of the most recent Yearly Fiscal Status Report required to be filed by the District with the California Debt and Investment Advisory Commission pursuant to the Act. The report includes the following Information as of the close of the most recent fiscal year: The current minimum balance in the bond reserve fund. The outstanding principal amount of the Bonds. Balances In the bond reserve fund, construction or project fund, and any capitalized interest fund. Assessed value of all parcels in the District subject to the Special Tax. Total amount of Special Taxes due and total amount uncollected. Total number of delinquent parcels, total amount of special taxes due on delinquent parcels, and information on foreclosure against delinquent parcels. B-1 (c) the outstanding Bonds and a listing of Bonds redeemed prior to maturity. Principal Payment Date (September 1 ) 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Maturity and Redemption Schedule. Below is the maturity schedule for Maturity Schedule of Bonds Early Principal Interest Redemption Amount Rate Price Yield Date (d ) Special Tax Prepayments. Below is a listing of all parcels for which the Special Tax obligation was fully or partially prepaid for the prior fiscal year, along with the Special Tax prepayment amount. Full or Partial Prepayment Parcel APN Prepayment Amount B-2 (e) Additional Delinquency Information. · Below is a listing of all parcels were delinquent in the payment of the Special Taxes in the aggregate of $1,500 or more for the prior fiscal year: Delinquency Length of Parcel APN Amount Delinquency Total: · Below is a listing of all parcels are under common ownership and were delinquent in the payment of the Special Taxes in the aggregate of $5,000 or more during the prior fiscal year: Delinquency Length of Parcel APN Amount Delinquency Total: · If the total delinquendes within the District as of the prior June 1 exceed 5% of the total Special Tax levied for the prior fiscal year, below is a listing of all parcels that were delinquent in the payment of the Special Taxes: Delinquency Length of Parcel APN Amount Delinquency Total: (f) Property Ownership,. Below is a listing of all property owners responsible for more than 5% of the Special Taxes as shown on the San Bernardino County Assessor's last equalized tax roll prior to the September next preceding the Report Date, and each owner's percentage share of the Special Taxes. Parcel APN Property Share of Special Owner Taxes Catellus 100% [(g) Value to Burden Ratio_. Below is an updated version of Table 4 in the final Official Statement showing the value-to-burden calculation for the developed and undeveloped property in the District, but substituting assessed property values for the appraised values of the property in the District. ] (h) Rate and Method. Below is a statement of any changes to the Rate and Method of Apportionment of Special Tax for the District during the prior fiscal year. B-3 Dated: CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) B-4 RESOLUTION NO. 00- ~'~ q'-O RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000- 02 (RANCHO CUCAMONGA CORPORATE PARK), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS WHEREAS, the CITY COUNCIL of the CITY OF RANCHO CUCAMONGA, CALIFORNIA (this "City Council"), did previously conduct proceedings to form and did form a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), such Community Facilities District designated as COMMUNITY FACILITIES NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK) (the "Community Facilities District") for the purpose of financing the acquisition of certain public improvements; and, WHEREAS, as required by the Act, this City Council has previously adopted a statement of local goals and policies concerning the use of the Act entitled the "City of Rancho Cucamonga Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (the "Goals and Policies"); and WHEREAS, this City Council has previously declared its intention to issue bonds to finance the acquisition of such improvements, such bonds to be issued pursuant to the terms and provisions of the Act and the Goals and Policies; and, WHEREAS, at this time this City Council desires to set forth the general terms and conditions relating to the authorization, issuance and administration of such bonds; and, WHEREAS, the forms of the following documents have been presented to and considered for approval by this City Council: Bond Indenture by and between the Community Facilities District and Wells Fargo Bank, National Association, as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions relating to the issuance and sale of bonds (the "Bond Indenture"); Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg LLC, the designated underwriter (the "Bond Purchase Agreement"); Preliminary Official Statement containing information including but not limited to the Community Facilities District and the bonds, including the terms and conditions thereof (the "Preliminary Official Statement"); and Continuing Disclosure Certificate pursuant to which the Community Facilities District will be obligated to provide ongoing annual disclosure relating to the bonds (the "Continuing Disclosure Certificate"); and WHEREAS, this City Council, with the aid of City staff, has reviewed and considered the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Certificate and the Preliminary Official Statement and finds those documents suitable for approval, subject to the conditions set forth in this resolution; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the bonds as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed or have been ordered to have been preformed in due time, form and manner as required by the laws of the State of California, including the Act and the applicable policies and regulations of the City of Rancho Cucamonga; and WHEREAS, this City Council has also been presented with and considered the approval of the form of an Acquisition/Financing Agreement (the "Acquisition Agreement") by and between the City of Rancho Cucamonga, acting for and on behalf of itself and the District, and Catellus Development Corporation which establishes the terms and conditions pursuant to which the authorized public improvements are to be acquired by the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2000-02 (RANCHO CUCAMONGA CORPORATE PARK), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Determinations. This legislative body hereby makes the following determinations pertaining to the proposed issuance of the' Bonds: (a) The Act authorizes the City Council, acting as the legislative body of the Community Facilities District, to sell the Bonds only if the City Council has determined prior to the award of the sale of the Bonds that the value of such properties will be at least 3 times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property Within the Community Facilities District (collectively, "Land Secured Bonded Indebtedness") 2 The value of the property within Community Facilities District which will be subject to the special tax to pay debt service on the Bonds will be at least 3 times the Land Secured Bonded Indebtedness AIIocable to such properties. The foregoing determinations are based upon the full cash value of such properties and development areas as shown upon an appraisal of the subject properties prepared by Bruce Hull & Associates, a state certified real estate appraiser, as defined in Business and Professions Code Section 11340(c). Such determination was made in a manner consistent with the Goals and Policies. (b) The terms and conditions of the Bonds as contained in the Bond Indenture are consistent with and conform to the Goals and Policies. (c) As a result of the current status of development of the property within the Community Facilities District and the relative overall lack of diversity of ownership of property within the Community Facilities District, the private sale of the Bonds will result in a lower overall cost to the Community Facilities District, SECTION 3. Bonds Authorized. Pursuant to the Act, this Resolution and the Bond Indenture, special tax bonds of the Community Facilities District designated as "City of Rancho Cucamonga Community Facilities District No. 2000-02 (Rancho Cucamonga Corporate Park) Special Tax Bonds, Series 2000" (the "Bonds") in an aggregate principal amount not to exceed $7,000,000 are hereby authorized to be issued. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms, covenants and conditions of the Bonds shall be as provided in the Bond Indenture as finally executed. SECTION 4. Authorization and Conditions. The City Manager and such other official or officials of the City as may be designated by this City Council (each, an "Authorized Officer") are each hereby authorized and directed to execute and deliver the final form of the various documents and instruments described in this Resolution, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $7,000,000, an annual interest rate on the Bonds in excess of seven percent (7.00%) per year and a purchase price for the Bonds not less than ninety eight percent (98%) of the par amount of the Bonds (excluding original issue discount, if any). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such documents or instruments by an Authorized Officer, following consultation with and review by the City Attorney and Best Best & Krieger LLP, the Community Facilities District's bond counsel, SECTION 5. Bond Indenture. The form of Bond Indenture by and between the Community Facilities District and the Fiscal Agent, with respect to the Bonds as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 4 above. SECTION 6. Official Statement and Continuing Disclosure Certificate. The City Council hereby approves the form of the Preliminary Official Statement as presented to this City Council and on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the City Manager or, in the absence of the City Manager, another Authorized Officer. Pursuant to Rule 15c2-12 under the Securities Exchange Act of 1934 (the "Rule") the City Manager or, in the absence of the City Manager, another Authorized Officer is authorized to determine when the Preliminary Official Statement is deemed final, and the City Manager or such other Authorized Official is hereby authorized and directed to provide written certification thereof. The execution of the final Official Statement, which shall include such changes and additions thereto deemed advisable by the City Manager or, in the absence of the City Manager, another Authorized Officer pursuant to the Rule, shall be conclusive evidence of the approval of the final Official Statement by the Community Facilities District. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriter as the initial purchaser of the Bonds. The form of Continuing Disclosure Certificate as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 4 above. SECTION 7. Sale of Bonds. This City Council hereby authorizes and approves the negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of the Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the Community Facilities District upon the execution thereof by the Underwriter, subject to the provisions of Section 4 above. SECTION 8. Bonds Prepared and Delivered. Upon the execution of the Bond Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the applicable terms of the Act and the Bond Indenture, and any Authorized Officer and other responsible City officials, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to take such actions as are required under the Bond Purchase Agreement and the Bond Indenture to complete all actions required to evidence the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter. SECTION 9. Actions. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Community Facilities 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 Community Facilities District, are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements, contracts, 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 Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Certificate, and any certificate, agreement, contract, and other document described in the documents herein approved. SECTION 10. Accluisition Agreement. The form of Acquisition Agreement as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to execute and deliver the final form of the Acquisition Agreement, with such additions thereto or changes therein as such Authorized Officer may deem necessary and advisable. The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of the Acquisition Agreement by an Authorized Officer, following consultation with and review by the City Attorney and Bond Counsel. SECTION 11. Effective Date. This resolution shall take effect from and after its adoption. 2000. PASSED, APPROVED, And ADOPTEDthis AYES: NOES: ABSENT: day of ATTEST: William J. Alexander, Mayor Debra J. Adams, CMC, City Clerk RAN HO CUCAMONGA SERVICES Staff Report DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager UPDATE ON STATUS OF SPRUCE PARK SKATE FACILITY RECOMMENDATION: Staff recommends that the City Council receive and file the following Spruce Park Skate Facility update information. BACKGROUND/ANALYSIS: Since it's opening in December of 1998 the Spruce Park Skate Facility has attracted thousands of skateboarding enthusiasts. Children ages five years old and up visit the facility daily. Depending on the time of year, the facility has been attracting anywhere from 30-150 skaters a day. In exchange the Terra Vista shopping center has seen a remarkable decline of skateboard enthusiasts skating in the shopping area. However, due to the increased popularity of Spruce Park and the opening of the Skate Facility there were some initial issues of neighborhood disturbance, graffiti and misconduct that were brought to the City's attention. Interesting enough, Community Services staff has not received any complaints this year from area residents concerning the Spruce Park Skate Facility or it's participants. While staff has not received any such complaints directly, there have been some second hand comments received from community members who stated that they had spoken with others about activities of concern at the park. Since the last time staff provided the City Council an update (1999) concerning the Spruce Park Skate Facility, Community Services staff have attempted to curtail skateboard related issues by the following means or activities: Spruce Park Skate Facility Special Events: The intent of these events is to inform skateboarding youth of this particular facility and to encourage them to use this facility instead of shopping centers and schools. Professional skateboarders are hired to demonstrate special feats and skills and in addition to promote the use of safety equipment. To this date, staff has hired professional skateboarders that the youth respect and who emphasize that skateboarding youth need to respect their facilities or potentially they might lose them. These events are typically offered quarterly and attract 300-500 youth. Professional skaters are on hand to demonstrate skills, equipment CITY COUNCIL DECEMBER 6, 2000 UPDATE ON STATUS OF SPRUCE PARK SKATE FACILITY PAGE 2 safety, discuss respect of facilities and sign autographs. Multiple items, including helmets, skateboards, t-shirts and hats are given away to participants. Any child without a helmet is given one free (until limits last) by staff. Staff will typically obtain 50- 100 helmets free from sponsors prior to each event. Moreover, there has been a marked increase in the number of youth wearing helmets at these quarterly events. In the future, staff will also utilize these events to emphasize the importance of older skaters being more respecfful of the younger skaters at the facility. In addition, staff will remind event participants that there is time scheduled every Saturday and Sunday from 8:00-11:00 a.m. (as posted) exclusively for those youth younger than 14 years of age. On-Site Visits: Community Services Teen staff has made numerous visits to the Skate Facility on a periodic basis to talk to the users about the appropriate use of the facility and proper safety equipment. Staff have also surveyed the users, determining their ages and what schools they are from. Most users are local children from elementary, junior high or high schools. There are also some users from outside of the city ranging from ages 16-24. The only complaint that staff has received while on site has been related to the disparity in ages using the facility. Staff feels that these comments stem from a concern from parents of younger skaters or younger skaters themselves who may feel intimidated by the older teens or younger adults who also use the facility. As noted in the previous paragraph, staff will be encouraging older skaters to be more respectful of younger youth. Safety Incentives: Teen staff has embarked on an ongoing project of gathering donations from local businesses to hand out as safety incentives at the park. Gift certificates from local fast food restaurants, the bowling alley and movie theaters are examples of the types of donations received. Some of these items were passed on to the Police Department for their use when they come in contact with skateboarding youth at the Skate Facility. Both Police personnel and Community Services staff have rewarded kids with a certificate if they were wearing their safety gear. Formation of a Youth Skate Facility Safety Club: Teen-staff met with the regular users of the skate facility to discuss ways to increase the use of safety gear and other skate facility issues. Staff has proposed to continue these meetings and form a club with a safety incentive program. The youth appear to be receptive to this idea. The incentive program would award a special prize to those youth who regularly wear safety gear. Kids Plate Grant: The City recently received a $6,000 grant from the California Kids Plate program. The $6,000 grant funds will be used to help offset the costs of the quarterly special events and begin a new series of visits to local schools. This program will take educational materials and demonstrations directly to schools for maximum impact. The grant also includes funds for the purchase of safety equipment to distribute to the community. Respe ~~ ~dle Community Services Director I H I CITY OF RANOHO CUCA=ONGA Report DATE: TO: FROM: BY: SUBJECT: December 6, 2000 Mayor and Members of the City Council Jack Lam, AICP, City Manager Diane O'Neal, Assistant To The City Manager DISCUSSION OF CITY COUNCIL COMMITTEES AND SUBCOMMITTEES Attached for the City Council's review is the current listing of the City Councirs Committees and Subcommittees. The listing is provided for the City Council's discussion. Respectfully Submitted, Jack Lam, AICP City Manager Attachment CURRENT CITY COUNCIL COMMITTEES AND SUBCOMMITTEES The following is a brief synopsis of each of the Council Committees and Subcommittees. AB 939 SOLID WASTE TASK FORCE This is a state mandated task force created by San Bernardino County and is made up of the Board of Supervisors, elected representatives from each City within San Bernardino County and 10 non-elected representatives. The purpose of the task force is to coordinate the development of the County and City's Source Reduction and Recycling E1ements and to coordinate a cost effective regional solid waste management system. Meets on a Quarterly Basis; the Third Thursday of Each Month from 2 p.m. to 4 p.m. at Fisk Auditorium of the San Bernardino County Museum. DELEGATE: Biane ALTERNATE: Dutton AIR QUALITY MANAGEMENT DISTRICT (AQMD) COMMITTEE Provides liaison with the South Coast Air Quality Management District regarding air quality issues, Meets as Needed at the AQMD Headquarters in Diamond Bar DELEGATE: Alexander ALTERNATE: Biane BALDY VIEW PUBLIC PRIVATE COALITION (CLOUT) Provides a program of action for the public and private sectors of the Baldy View region on issues of area- wide importance. Meets the fourth Thursday of each month, 7:30 a.m., Ontario Marriott Hotel DELEGATE: Alexander AL TERNA TE: Williams CABLE TELEVISION SUBCOMMI'I'I'EE Provides liaison for the cable television franchises and to develop the public access portion of the franchise agreement. Meets as Needed at the Rancho Cucamonga Civic Center DELEGATES: Curatalo and Biane CENTRAL PARK TASK FORCE Master Plan phasing priorities for Central Park. Meets as Needed at the Rancho Cucamonga Civic Center DELEGATES: Curatalo and Williams CHAMBER OF COMMERCE REPRESENTATIVE Provides liaison between the Chamber of Commerce and the City of Rancho Cucamonga in coordinating projects and items of mutual interest. Meets Second Wednesday of Each Month at the Rancho Cucamonga Chamber office DELEGATE: Duffon ALTERNATE: Williams Current City Council Committees and Subcommittees December 6, 2000 Page 2 CITY SELECTION COMMITTEE The City Selection Committee is made up of all of the Mayors for San Bernardino County and its purpose is to select elected representatives to various bodies which include: Local Agency Formation Commission (LAFCO) and the Air Quality Management District, The regular meeting of the committee is held on the last working day of April of every even numbered year at the Norman Feldhym Library in San Bernardino in conjunction with SANBAG agenda business starting at 9:30 a.m Mayor is Representative COMMUNITY FOUNDATION SUBCOMMITTEE Monitors the activities of the Foundation and items of mutual interest. Meets as Needed at Rancho Cucamonga Civic Center DELEGATES: Williams and Dutton ECONOMIC DEVELOPMENT/FOOTHILL BLVD. TASK FORCE Ad Hoc Task Force assigned to work with two members of the Planning Commission to discuss and recommend to Council a course of action for reassessment of the Foothill Boulevard Corridor from both a land use and economic development perspective. Meets as needed DELEGATES: Williams and Biane FIRE DISTRICT PERSONNEL COMMITTEE Reviews employment eligibility lists prior to certification and other related personnel matters. Meets as Needed at Rancho Cucamonga Civic Center in accordance with Fire Department Rules and Regulations DELEGATES: Alexander and Biane GENERAL PLAN SUBCOMMITTEE To generate an Issues Report that will establish the scope of technical and policy matters that will be evaluated by the entire City Council and Planning Commission, Meets as needed DELEGATES: Biane & Dutton, Macias and Mannerino HISTORIC CULTURAL RESOURCE MITIGATION TASK FORCE Formulates standard procedures for mitigation of adverse impacts to identified cultural or historic resources. Meets as needed DELEGATE: Williams ALTERNATE: Alexander Current City Council Committees and Subcommittees December 6, 2000 Page 3 HOUSING SET ASIDE SUBCOMMI'R'EE Reviews affordable housing needs and develops strategy and programs for agency set-aside money. Meets first Tuesday of February at 8:30 a.m. and as needed at Rancho Cucamonga Civic Center DELEGATES: Biane and Alexander INLAND EMPIRE LEAGUE OF CALIFORNIA CITIES The Inland Empire League is one of fifteen divisions within the League of California Cities and functions as an "arm" of cities. The League also provides training, legislative tracking, and research for associate cities. Meets monthly and/or quarterly as needed; location changes each month DELEGATE: Biane ALTERNATE: Curatalo LEAGUE OF CALIFORNIA CITIES - ECONOMIC, COMMUNITY DEVELOPMENT & HOUSING SUBCOMMITTEE Reviews and discusses statewide policy and legislation affecting these topics. Meets quarterly on the 2nd Friday of the month; location changes DELEGATE: Biane LIBRARY SUBCOMMITTEE Provides a liaison on library issues. Meets the first Tuesday of February at 9:00 a.m. and as needed at the Rancho Cucamonga Civic Center. DELEGATES: Curatalo and Alexander MOBILE HOME ACCORD REVIEW SUBCOMMITTEE Provides liaison for the City's Mobile Home Accord and contract negotiations. The Accord is a contract between the owners of the City's mobile home parks and the City and addresses rent stabilization for the mobile home parks. Meets first Tuesday of February at '10:00 a.m. and as needed at Rancho Cucamonga Civic Center DELEGATES: CurataloandAlexander ALTERNATE: Biane MULTI-FAMILY DEVELOPMENT/SIGNAGE TASK FORCE Ad Hoc Task Force assigned to work with two members of the Planning Commission to review sign ordinance. Meets as Needed DELEGATES: Curatalo and Alexander Current City Council Committees and Subcommittees December 6, 2000 Page 4 NORTH ETIWANDA PRESERVE Established by the City Council at their February 4, 1998 meeting. Meets as Needed DELEGATES: Alexander OMNITRANS OMNITRANS is a Joint Powers Agreement which coordinates the busing needs of its associate cities. Meets the first Wednesday of each month at Omnitrans Headquarters in San Bernardino at 8:00 a.m. DELEGATE: Alexander ALTERNATE: Williams ONTARIO CONVENTION & VISITORS AUTHORITY Established by the Redevelopment Agency at their January 21, 1998 meeting to review proposed activities. Meets as Needed Delegate: Biane ALTERNATE: Williams PARK AND RECREATION FACILITIES SUBCOMMITTEE Provides liaison for the construction of park and recreation facilities and items of mutual concern. Council determined that whole Council should review subject matter on an interim one-year basis to determine future direction of Subcommittee. Meets first and third Wednesdays at 5:00 p.m. at Rancho Cucamonga Civic Center DELEGATES: AlexanderandWilliams PARK AND RECREATION COMMISSION AND PLANNING/HISTORIC PRESERVATION COMMISSION The Council Subcommittees for these Commissions conduct the interviews for the expired terms and vacancies as they occur and provide liaison for items of mutual interest. Park & Recreation Planning/HPC DELEGATES: Duffon and Williams DELEGATES: Alexander and Dutton PUBLIC SAFETY SUBCOMMITTEE Provides a liaison for public safety issues. Meets first Tuesday of February at 10:30 a.m. & as needed at Rancho Cucamonga Civic Center DELEGATES: Williams and Curatalo Current City Council Committees and Subcommittees December 6, 2000 Page 5 PUBLIC WORKS SUBCOMMITTEE Provides liaison for public works projects throughout the City. with this subcommittee.) Law Enforcement Subcommittee combined Meets first Tuesday of each month at 8:00 a.m. at Rancho Cucamonga Civic Center DELEGATES: Williams and Biane RAILS TO TRAILS SUBCOMMITTEE Established by the City Council at their October 15, 1997 Meeting to review multi-use Community Trail along the Southern Pacific Rail (SPRR) Line. Meets as Needed DELEGATES: Alexander and Williams REDEVELOPMENT MARKETING SUBCOMMITTEE Provides liaison for the marketing of the City and reviews agency marketing budget. Subcommittee combined with this subcommittee.) (Regional Mall Meets first Tuesday of February at 9:30 a.m. & as needed at Rancho Cucamonga Civic Center DELEGATES: Williams and Dutton ROUTE 30 AD HOC TASK FORCE Created August 3, 1994 in response to residents' desire for input into the Route 30 Corridor. Meets the second Tuesday of each month at 7:00 p.m. at the Rancho Cucamonga Civic Center, Tri-Communities Conference Room. DELEGATES: Alexander and Williams ALTERNATE: Curatalo ROUTE 30 CORRIDOR DESIGN JPA Created January 19, 1994, to address Route 30 Corridor concerns for San Bernardino and Los Angeles Counties. Meets the second Tuesday of each month at 10:00 a,m., meeting site rotates DELEGATES: Williams and Curatalo ALTERNATE: Alexander SANBAG SANBAG is the regional planning authority of which the City participates in through a Joint Powers Agreement. Meets the first Wednesday of each month at the Norman Feldhym Library in San Bernardino at 9:30 a.m. DELEGATE: Alexander AL TERNA TE: Williams o q7 Current City Council Committees and Subcommittees December 6, 2000 Page 6 SOUTHERN CALIFORNIA ASSOCIATED GOVERNMENTS (SCAG) - REGIONAL COUNCIL SCAG is an association of County and City governments and is a Council of Governments (COG). The purpose of such councils is to provide a forum where members can reach agreement on issues of common concern and develop regional planning approaches. Meets 1st Thursday of each month, and Annual meeting held in March of each year; location changes (the last two years meetings were held in Brea) DELEGATE: Alexander ALTERNATE: Biane SOUTHERN CALIFORNIA ASSOCIATED GOVERNMENTS (SCAG) - SOLID WASTE SUBCOMMI'I'I'EE Discusses regional solid waste issues. Meets 1st Tuesday of the month; location changes. DELEGATE: Biane SOUTHERN CALIFORNIA ASSOCIATED GOVERNMENTS (SCAG) - COMMUNITY & ECONOMIC DEVELOPMENT SUBCOMMITTEE Discusses regional community and economic development policy. Meets 1st Thursday of each month; location changes. DELEGATE: Alexander CURRENT COUNCIL COMMITTEES AND SUBCOMMITTEES December 6, 2000 Alexander Air Quality Management District (AQMD) Committee Baldy View Public Private Coalition (CLOUT) City Selection Committee Fire District Personnel Committee Historic Cultural Resource Mitigation Task Force Housing Set Aside Subcommittee Library Subcommittee Mobile Home Accord Review Subcommittee Multi-Family Development/Signage Task Force North Etiwanda Preserve Omnitrans Park and Recreation Facilities Subcommittee Planning/Historic Preservation Subcommittee Rails to Trails Subcommittee Rt. 30 Ad Hoc Task Force Rt. 30 'Corridor Design JPA SANBAG SCAG Regional Council SCAG Community & Economic Development Subcommittee DELEGATE DELEGATE DELEGATE DELEGATE Alternate DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE Al~rnate DELEGATE DELEGATE DELEGATE Biane AB939 Solid Waste Task Force Air Quality Management District (AQMD) Committee Cable Television Subcommittee Economic Development/Foothill Blvd. Task Force Fire District Personnel C~mmittee General Plan Subcommittee Housing Set Aside Subcommittee Inland Empire League of California Cities League of California Cities Economic, Comm Dev & Hsg Subcom Mobile Home Accord Review Subcommittee Ontario Convention & Visitors Authority Public Works Subcommittee SCAG Solid Waste Subcommittee SCAG-Regional Council DELEGATE Al~rna~ DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE Alternate DELEGATE DELEGATE DELEGATE Alternate CURRENT COUNCIL COMMI'I'rEES AND SUBCOMMITTEES December 6, 2000 Curatalo Cable Television Subcommittee Central Park Task Force Inland Empire League of California Cities Library Subcommittee Mobile Home Accord Review Subcommittee Multi-Family Development/Sign Task Force Public Safety Subcommittee Rt. 30 Ad Hoc Task Force Rt. 30 Corridor Design Authority DELEGATE DELEGATE Al~rna~ DELEGATE DELEGATE DELEGATE DELEGATE Alternate DELEGATE Dutton AB939 Solid Waste Task Force Chamber of Commerce Representative Community Foundation Subcommittee General Plan Subcommittee Park and Recreation Commission Subcommittee Planning/Historic Preservation Commission Subcommittee Redevelopmerit Marketing Subcommittee Alternate DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE Williams Central Park Task Force Chamber of Commerce Representative Community Foundation Subcommittee Economic Development/Foothill Blvd. Task Force Historic Cultural Resource Mitigation Task Force Ontario Convention & Visitors Authority Park and Recreation Commission Subcommittee Park and Recreation Facilities Subcommittee Public Works Subcommittee Public Safety Subcommittee Rails to Trails Subcommittee Redevelopment Marketing Subcommittee Rt. 30 Ad Hoc Task Force Rt. 30 Corridor Design Authority Baldy View Public Private Coalition (CLOUT) Omnitrans SANBAG DELEGATE Alterna~ DELEGATE DELEGATE DELEGATE Alternate DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE DELEGATE Ai~rnate Al~rna~ Alternate h:Donna\data\ccsubcom.98