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HomeMy WebLinkAbout2002/12/18 - Agenda Packet CITY OF RANCHO CUCAMONGA 10500 Civic Center 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 18, 2002 Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 5:00 p.m. Special Closed Session ...................... Tapia Conference Room 7:00 p.m. Regular Council Meeting ............................ Council Chambers Regular Redevelopment Agency Meeting ...... Council Chambers Regular Fire Protection District Meeting... Council Chambers City Council Agenda December 18, 2002 1 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 , Gutierrez__ and Williams B. ANNOUNCEMENTS/PRESENTATIONS 1. Presentation to Congressman Joe Baca in appreciation of his leadership and friendship to the City of Rancho Cucamonga as our Congressman in the United States House of Representatives. 2. Presentation of awards to the winners of the GIS Day 2002 Essay Writing Contest from the Alta Loma, Cucamonga and Etiwanda School District. C. NEW BUSINESS 1. Reconsideration of all options for filling City Council vacancies specified A in California Government Code Section 36512 with consideration of adopting motions, resolutions or an ordinance in order to implement the option which is chosen. (Requested by Mayor Pro Tem Williams.) ORDINANCE NO. 696 (Urgency) C AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PROVIDING THAT ANY PERSON APPOINTED TO FILL A VACANCY ON THE CITY COUNCIL SHALL HOLD OFFICE ONLY UNTIL THE DATE OF A SPECIAL ELECTION WHICH SHALL IMMEDIATELY BE CALLED TO FILL THE REMAINDER OF THE TERM OF THAT OFFICE City Council Agenda December 18, 2002 2 RESOLUTION NO. 02-329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 3RD DAY OF JUNE 2003, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH ANY AND ALL ELECTIONS TO BE HELD ON SAID DATE IN SAID TERRITORY RESOLUTION NO. 02-330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JUNE 3, 2003 D. ITEMS OF BUSINESS WITH NEWLY-APPOINTED OFFICIALS 1. Administering Oaths of Office to Robert Howdyshell and Donald J. Kudh, M.D. 2. Presentation byGwyn and Jim Frost. 3. Roll Call: Alexander , Gutierrez Howdyshell__, Kurth , and Williams__ E. 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. City Council Agenda December 18, 2002 3 F. CONSENT CALENDAR 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 6, 2002 November 20, 2002 2. Approval of Warrants, Register November 26 through December 10, 2002, and Payroll ending November 21, 2002, for the total amount of $2,458,924.67 3. Approve to receive and file current Investment Schedule as of 25 November 30, 2002. 4. Approval to amend a single source Professional Services Agreement (CO 01-099) between the City and Geographics in an amount not to 32 exceed $30,000 (to be funded from the Non-depadmental General Overhead City Account #1001001-5300) for professional communications assistance for the Spring and Summer 2003 editions of the Rancho Cucamonga Reporter, the City's quarterly newsletter, which is inserted in The Grapevine. 5. Approval to reject all bids received for the Foothill Boulevard Fiber Optic 34 Conduit and Median Electrical System Project as non-responsive to the needs of the City. 6. Approval of Shirley Environmental Testing LLC, of south El Monte, as a single source vendor in an amount of $50,000 for upgrade of the oil 39 storage tank at the City Corporation Yard and repairs to the fuel dispensing system to comply with State Code, to be funded from Acct. No. 10013175300, and approval of an appropriation of $50,000 to Acct. No. 10013175300 from the Vehicle and Equipment Maintenance Fund balance. 7. Approval of a Summary Vacation (V-191) of vehicular access rights for 41 two driveways at the northwest corner of Arrow Route and Milliken Avenue along Parcels 10 and 12 of Parcel Map 15295 (Parcel A of lot merger 495) requested by Catellus Development Corporation (APN: 229-011-82). Related File: DR 00-28. City Council Agenda December 18, 2002 4 RESOLUTION NO. 02-316 43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF VEHICULAR ACCESS RIGHTS FOR TWO DRIVEWAYS, ONE ON THE NORTH SIDE OF ARROW ROUTE WEST OF MILLIKEN AVENUE AND ONE ON THE WEST SIDE OF MILLIKEN AVENUE NORTH OF ARROW ROUTE, ALONG PARCELS 10 AND 12 OF PARCEL MAP 15295 (V-191) - APN: ; 229-011-82 8. Approval of Drainage Reimbursement (CO 02-042) in the amount of $277,000 for the Etiwanda Area 9 Master Plan for FY 2001/2002 to be 48 funded from Fund 1126-303-5650/1026126-0, and approval of an appropriation of $277,000 to Acct. 1126-303-5650/1026126-0 from the Lower Etiwanda Drainage Fund Balance. 9. Approval of Improvement Agreement and Improvement Security for 49 Development Review No. 00-28, located at the northwest corner of Milliken Avenue and Arrow Route, submitted by Catellus Development Corporation. RESOLUTION NO. 02-317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-28 10. Approval of Reimbursement Agreement (CO 02-146) for 52 undergrounding of overhead utilities for CUP 93-46, located at the southeast corner of Vineyard Avenue and Foothill Boulevard, submitted by Art and Diana Flores. RESOLUTION NO. 02-318 53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A UTILITY UNDERGROUND REIMBURSEMENT AGREEMENT EXECUTED BY ART AND DIANA FLORES FOR CUP 93-46 11. Approval of Maps, Improvement Agreement, Improvement Securities, 55 Monumentation Cash Deposit, and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract Map Nos. 16257 and 16347, located on the west side of Etiwanda Avenue, north of Foothill Boulevard, submitted by Empire Commercial Real Estate, LP. City Council Agenda December 18, 2002 5 RESOLUTION NO. 02-319 58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NOS. 16257 AND 16347, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-320 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP NOS. 16257 AND 16347 12. Request to enter into a Termination Agreement for a Lease Agreement 67 between the City of Rancho Cucamonga and AT&T Wireless Services (CO 02-147) for a Wireless Communication facility at Hermosa Park. 13. Approval of a Professional Services Agreement for Federal legislative 72 Advocacy Services with David Turch and Associates (CO 02-148) in the amount of $48,000, funded from Acct. No. 10010015300. 14. Approval of Mills Act Agreement DRC2002-000729 - ED ESTRELLA 77 AND LINDA ESTRELLA (CO 02-149) - Request to implement the use of the Mills Act to reduce property tax on the Cherbak House and property, a Historic Landmark, located at 9938 Hillside - APN: 1074- 211-32. 15. Approval to expend grant funding in the amount of $284,450 from the 86 State Supplemental Law Enforcement Services Fund (SLESF) Grant in accordance with the adopted budget for Fund 354 - COPS Program - State. 16. Approval for Annual Geographic Information Systems (GIS) Software 87 Maintenance between the City of Rancho Cucamonga and Environmental Systems Research Institute (ESRI) in the amount of $22,257 to be funded from General Fund, Administrative Services Department, GIS Division 1001-207-5300. 17. Approval to accept Improvements, retease the Faithful Performance 88 Bond, accept a Maintenance Bond, and file a Notice of Completion for improvements for Tract 15912, submitted by Ryland Homes of California, Inc., a Delaware Corporation, located on the west side of East Avenue, north of Base Line Road. City Council Agenda December 18, 2002 6 RESOLUTION NO. 02-321 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15912 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 18. Approval to accept the construction of the Local Street Rehabilitation- 91 Slurry Seal of Various Streets, Contract No. 02-044 as complete, release the bonds, accept a Maintenance Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $489,938.06. RESOLUTION NO. 02-322 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOCAL STREET REHABILITATION-SLURRY SEAL OF VARIOUS STREETS, CONTRACT NO. 02-044 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 19. Approval to accept the Arrow Route from Hellman Avenue to west of 94 Archibald Avenue, and Hellman Avenue from Arrow Route to south of Foothill Boulevard Landscape Improvements, Contract No. 02-048 as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $229,075.00. RESOLUTION NO. 02-323 96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE FROM HELLMAN AVENUE TO WEST OF ARCHIBALD AVENUE, AND HELLMAN AVENUE FROM ARROW ROUTE TO SOUTH OF FOOTHILL BOULEVARD LANDSCAPE iMPROVEMENTS, CONTRACT NO. 02-048 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 20. Approval to accept the construction of the Local Street Pavement 97 Rehabilitation-Overlay of Various Streets, Contract No. 02-071 as complete, approval to appropriate $23,800.00 to Acct. No. 11703035650/1022170-0 from Gas Tax 2105/Proposition 111 fund balance, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $431,350.91. City Council Agenda December 18, 2002 7 RESOLUTION NO. 02-324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOCAL STREET PAVEMENT REHABILITATION- OVERLAY OF VARIOUS STREETS, CONTRACT NO. 02-071 AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 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. 1. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16157 - LEWIS '100 APARTMENT COMMUNITIES - The appeal of the Planning Commission decision to approve the proposed subdivision of 60.17 acres of land into ten lots in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling un[ts per acre) Residential Districts, within the Terra Vista Community Plan, located at the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. Related files: Development/Design Review DRC2001-00791 and Terra Vista Community Plan Amendment DRC 2002-00533. Staff has prepared a Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW DRC 2001- 100 00791 - LEWIS APARTMENT COMMUNITIES - The appeal of the Planning Commission decision to approve the design review of 677 dwelling units on 39.6 acres of land in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24- 30 dwelling units per acre) Residential Districts within the Terra Vista Community Plan on Lots 1-9 of Tentative Tract Map Subtt161257, located at the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. Staff has prepared a Negative Declaration of environmental impacts for consideration. City Council Agenda December 18, 2002 8 RESOLUTION NO. 02-325 270 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT18157, A RESIDENTIAL SUBDIVISION OF 10 LOTS, ON 60.17 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE), MEDIUM-HIGH (14-24 DWELLING UNITS PER ACRE) AND HIGH (24-30 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30 RESOLUTION NO. 02-326 273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2001-00791 FOR THE DESIGN REVIEVV OF 677 APARTMENTS ON 39.6 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE), MEDIUM-HIGH (14-24 DWELLING UNITS PER ACRE) AND HIGH (24- 30 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30 H. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.26 276 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET City Council Agenda December 18, 2002 ORDINANCE NO. 695 278 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET 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. APPROVAL OF RESOLUTIONS DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2003-01 AND TO 28'~ AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE THE PROVISION AND ACQUISITION OF CERTAIN PUBLIC FACILITIES, AND DECLARING THE INTENTION TO ISSUE BONDS SECURED BY THE SPECIAL TAX, AND APPROVAL OF A DEPOSIT AND REIMBURSEMENT AGREEMENT (CO 02-150) IN CONNECTION WITH FORMATION OF COMMUNITY FACILITIES DISTRICT 2003-01. RESOLUTION NO. 02-327 285 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO ESTABLISH CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT 2003-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003- 01 AND APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT RESOLUTION NO. 02-328 334 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO INCUR BONDED INDEBTEDNESS WITHIN EACH OF THE PROPOSED IMPROVEMENT AREA NOS. 1 AND 2 OF PROPOSED CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO, 2003-01 City Council Agenda December 18, 2002 10 2. ANNOUNCEMENT OF GRANT AWARD IN THE SUM OF $7,752,688 FROM THE CALIFORNIA READING AND LITERACY IMPROVEMENT AND PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 FOR THE CONSTRUCTION OF THE VICTORIA GARDENS BRANCH LIBRARY. ORAL REPORT BY DEBORAH CLARK, LIBRARY DIRECTOR. 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. SELECTION OF MAYOR PRO TEM (Oral) 2. DISCUSSION AND CONSIDERATION OF APPOINTMENTS TO CITY 336 COUNCIL COMMITTEES AND SUBCOMMITTEES 3. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES 350 UPDATE 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. I_. 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 December 12, 2002, seventy two (72) hours prior to the meeting per Government Code 54954.2 at '10500 Civic Center Drive. Memorandum City Manager's Office To: Mayor and Members of the Cit~'Council From: Jack Lam, City Manage~.~_~/__=./ Date: December 12, 2002 Subject: The matter of reconsideration of the filling of Council vacancies. Mayor Pro-Tem Williams has requested that an agenda item be placed for the Council meeting of Wednesday, December 18 regarding the matter of reconsidering how Council vacancies are to be filled. Ms. Williams' memorandum regarding this request is attached. (See attached). The purpos;e of this memo is to list the options open to the Council in filling the vacancies, all of which are prescribed in California Government Code Section 36512. The options are as follows: 1. Fill one or both of the vacancies by motion appointing a person or persons to the Council for the remainder of the unexpired term in issue. (Should this be modified, a supporter of the two appointments must ask for a reconsideration. If the result of the discussion is not to change the present situation, a motion be adopted ratifying the original appointments). 2. Call for a special election to occur in June 2003 to fill one or both of the two vacancies. The resolutions necessary to take this action are also attached. In order to do so, the Council would have to adopt a motion rescinding one or both of the appointments previously made and then adopt the resolutions calling for the special election. 3. Adopt the urgency ordinance previously submitted by a 3-0 vote setting a special election and requiring the appointment of persons to fill the vacancies only until the special election may be conducted. As previously expressed, the ordinance requires a 4/5 vote of the City Council for immediate adoption and it is not clear whether a unanimous vote of a 3 member Council suffices. We feel a strong argument can be made that the unanimous vote would suffice, but the matter is not free from doubt. If the Council chooses this option, it should first adopt a motion rescinding the prior appointments, then adopt the ordinance and then consider appointing persons to fill the vacancies and to serve until the special election is conducted during June 2003. DATE: December 12, 2002 TO: Jack Lam, City Manager tx',) FROM: Diane Williams, Mayor Pro Tem ~ SUBJECT: Reconsideration of Urgency Ordinance for December 18 Agenda As background, during the recent election campaigning I advocated for a special election to fill the possible future vacancies on the city council. However, I was also very concerned about having to conduct the city's business with only three council members for approximately the next seven months. My attempts at passing an urgency ordinance which would allow for interim appointments and set the date of June 2003, for a special election were not successful at a special council meeting on November 25. After reading comments made by Mayor Bill Alexander as reported in the Daily Bulletin on December 11, I believe it would be in the best interest of the city to take another look at adopting the urgency ordinance. I am asking that a motion for reconsideration of that urgency ordinance be placed on the City Council agenda for December 18. If the ordinance passes, it is my intention to support the appointment of Mr. Howdyshell and Dr. Kurth for the interim. If you have any questions please call me at 980-6336. ORDINANCE NO.. ~ g~ AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PROVIDING THAT ANY PERSON APPOINTED TO FILL A VACANCY ON THE CITY COUNCIL SHALL HOLD OFFICE ONLY UNTIL THE DATE OF A SPECIAL ELECTION WHICH SHALL IMMEDIATELY BE CALLED TO FILL THE REMAINDER OF THE TERM OF THAT OFFICE. The City Council of the City of Rancho Cucamonga hereby ordains as follows: Section 1. Pursuant to the provisions of Government Code Section 36512(c)(3), the City Council of the City of Rancho Cucamonga hereby determines and establishes that any person appointed to fill a vacancy on the City Council shall hold office only until the date of a special election which shall immediately be called following such vacancy, to fill the remainder of the term. The Council appointment shall be made within thirty (10) days of the vacancy. Section 2. The City Council hereby finds and determines that it is necessary to adopt this Ordinance as an urgency measure in order to provide for the immediate l~eservation of the public peace, health or safety in that: A. Two vacancies currently exist on the Council. Under existing law, unless this Ordinance is adopted and becomes effective immediately, any Council appointment to'fill those vacancies will last up to two years. This would result in the public being deprived of its authority and opportunity to elect suitable representatives to fill the vacancies for the remainder of each term. B. Unless this Ordinance is adopted as an urgency measure, if a special election is called to fill the two vacancies, those vacancies will exist for approximately seven months. It is likely that during said seven month period, major projects necessary to preserve and protect the City's infrastructure, will require approval of the City Council. Having only three members to consider and act upon any such project will likely impede the completion of the project which may require use of the City's power of eminent domain. Under existing law, it is unclear whether a resolution of condemnation can lawfully be adopted by a three 11231.0001/714161-1 member council. Accordingly, it is vitally necessary to the public health and safety that this Ordinance become effective immediately in order for the two Council vacancies to be promptly filled by appointment, pending a special election. Section 3. 'The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. ADOPTED AND APPROVED this __ day of ., 2002. Mayor "ESOLUT O. "O. 02-"* $./. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 3RD DAY OF JUNE, 2003, FOR THE ELECTION OF TWO MEMBERS OF THE CITY COUNCIL OF THE CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES, AND CONSOLIDATING SAID ELECTION WITH ANY AND ALL ELECTIONS TO BE HELD ON SAID DATE IN SAID TERRITORY WHEREAS, under the provisions of the laws relating to General Law Cities in the State of California, a Special Municipal Election shall be held on Tuesday, June 3, 2003, for the election of Municipal Officers. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve, declare, determine and order as bllows: SECTION 1: That pursuant to the requirements of the laws of the State of California relating to General Law Cities within said State, there shall be, and there is hereby called and ordered, held in the City of Rancho Cucamonga, County of San Bernardino, State of California, on Tuesday, the 3rd day of June, 2003 a Special Municipal Election of the qualified electors of said City for the purpose of electing two members of the City Council to fill a vacancy with the term ending, Tuesday, the 2nd day of November, 2004. SECTION 2: That the Special Municipal Election hereby called for the date hereinbefore specified shall be and is hereby ordered consolidated with any and all Ele~:tions to be held on said date within the City. The proceedings, polling places, precincts, precinct board members and officers for the Special Municipal Election hereby called shall be the same as those provided for in any other Election. The Board of Supervisors of San Bernardino County is hereby requested to order the consolidation of the Special Municipal Election hereby called with any other Election, and sa id Registrar of Voters is hereby authorized to canvass the returns of said Special Municipal Election and said election shall be held in all respects as if there were only one election and one formal ballot, namely the ballot used. Said Registrar of Voters shall supervise the canvass of said returns for said Special Municipal Election and transmit said returns to the City Council of said City which shall thereafter declare the results thereof. SECTION 3: The City of Rancho Cucamonga shall reimburse said County for services performed when the work is completed and upon presentation to the City of a properly approved bill. Resolution No. 02-*** Page 2 of 2 SECTION 4: The City Clerk of the City of Rancho Cucamonga is directed to forward, without delay, to said Registrar of Voters, a cer[ified copy of this Resolution. PASSED, APPROVED, AND ADOPTED. 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. Executed this, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk F RESOLUTION NO. 02-"* A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A CHARGE TO CANDIDATES FOR ELECTIVE OFFICE, FOR PREPARATION OF MATERIALS SUBMITTED TO THE ELECTORATE AND THE COSTS OF THE CANDIDATES STATEMENT FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, JUNE 3, 2003 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any city may adopt a charge against candidates pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve, declare, determine and order as ~ollows: SECTION 1: General Provisions. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at the Special Municipal Election to be held in the City of Rancho Cucamonga on June 3, 2003, may prepare a candidate's statement on an appropriate form provided by the City Clerk. Such statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. Such statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. Such statement shall be filed in the Office of the City Clerk at the time the candidate's nomination papers are filed. Such statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2: Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 3: Payment. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance his or her pro rata share as a condition of having his or her statement included in the voter's pamphlet. The estimate is just an approximation of the actual cost that varies from one ejection to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the Clerk shall prorate the excess amount among the candidates and refund the excess amount paid. Resolution No. 02-*** SECTION 4: That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating pefilions are issued. SECTION 5: That all previous resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 6: That this Resolution shall apply only to the election to be held on June 3, 2003, and shall then be repealed. PASSED, APPROVED, AND ADOPTED. AYES: NOES: ABSENT: ABSTAINED: William d. Alexander, Mayor A'FI'EST: Debra J. Adams, CIVIC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, Califomia, 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. Executed this, at Rancho Cucamonga, Cali~}rnia. Debra J. Adams, CMC, City Clerk Resolution No. 02-*** Page 2 of 2 SECTION 4: That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 5: That all previous resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 6: That this Resolution shall apply only to the election to be held on June 2, 1998, and shall then be repealed. PASSED, APPROVED, AND ADOPTED. 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. Executed this, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk November 6, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL CLOSED SESSION MINUTES A. CALLTO ORDER The Rancho Cucamonga City Council held a special closed session on Wednesday, November 6, 2002, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session items. B1. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (bl) - PERSONNEL MATTERS C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:30 p.m. E. RECESS The closed session recessed at 6:40 p.m. with no action taken. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 6, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:02 p.m. City Council Minutes November 6, 2002 Page 2 Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Jan Reynolds, RDA Analyst; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Lorraine Phong, Information Systems Analyst; Michael Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Dan James, Sr. Civil Engineer; Maria Perez, Assistant Engineer; Walt Stickney, Associate Engineer; Brad Bullet, City Planner; Debra Meier, Contract Planner; John Thomas, Acting Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Captain Pete Ortiz, Rancho Cucamonga Police Department; Staci Johnson, Crime Prevention - Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; Shirr'l Griffin, Office Specialist II - City Clerk's office; and Kathryn L. Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS BI. Presentation in recognition of Red Ribbon Week including the presentation of a Proclamation and Certificates to the Red Ribbon Contest winners. Paula Pachon, Management Analyst III, explained what Red Ribbon Week is and how it came about. She also presented a power point presentation. Mayor Alexander and Paula Pachon presented certificates to the winners. Mayor Alexander presented the Proclamation to Paula Pachon, Management Analyst 111. B2. Presentation of a Proclamation in recognition of the Inland Empire Race for the Cure Month. CONTINUED FROM OCTOBER 2, 2002. Susan G. Komen could not be present tonight. Mayor Alexander commented on the amount of money that had been raised for breast cancer research this year, and read the Proclamation that had been prepared. B3. Presentation of a Proclamation in recognition of Crime Prevention Month 2002 and Certificates of Recognition to Crime Prevention Community Heroes. Police Chief Pete Ortiz and Staci Johnson, Crime Prevention/Public Information Officer, assisted the Mayor with the presentation of the certificates. Mayor Alexander presented the Proclamation. B4. Presentation of a Proclamation in recognition of Diane Gunther, Rancho Cucamonga's 2002 LA Fair Community Hero. Mayor Alexander presented the Proclamation to Diane Gunther. B5. ADDED ITEM - Announcement by Mayor Alexander of Veteran's Day, Monday, November 11, 2002 to acknowledge the contributions of those that serve our country at home and abroad. He said the Senior Center would hold a tribute at 10 am on November 7, 2002. City Council Minutes November 6, 2002 Page 3 B6. ADDED ITEM - Gwyn and Jim Frost announced the City's 25th Anniversary to be held on November 30. She felt that at the beginning of each meeting a tidbit about the incorporation of the City should be presented. They also informed everyone about the Veteran's Day Ceremony to be held at Alta Loma High School on Sunday, November 10, 2002. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons congratulated Grace Curatalo on the great job she has done on the Council. He also congratulated Mayor Alexander and Councilmembers Bob Dutton and Paul Biane on their victories. C2. Melanie Ingram, 8021 Rosebud, stated she would like to see the candidate's forum and was wondering if she could borrow the tape to see it. She congratulated the candidates on their successes. She stated she would like to see a special election to fill the two vacancies. She also stated she would like to give an update on the Colonies Project. She continued to comment on the lawsuit against that project. D. CONSENT CALENDAR Jack Lam, City Manager, stated that a items 10 and 11 are duplicates of each other, just worded differently. He read the title (see item Dll) that should have been on the agenda. He stated since it did not read this way, he stated D10 should be eliminated and Dll would have the correct wording and be added to the agenda. MOTION: Moved by Williams, seconded by Curatalo to add item D11. Motion carried unanimously 5- 0. D1. Approval of Minutes: September 18, 2002 October 2, 2002 October 22, 2002 (Special Meeting - Biane &Dutton absent) D2. Approval of Warrants, Register October 9 through October 29, 2002, and Payroll ending October 6, 2002, for the total amount of $5,489,253.06. D3. Approval to expend up to $50,000 from Acct. No. 10163015300 for the purpose of converting 16mm microfilm and building plans to digital images and approval of single source vendor - Delta Microlmaging. D4. Approval to authorize the City Engineer to accept grant revenue in the amount of $113,550 from the California Energy Commission into Acct. No. 1001000-4740 (Grant Revenue) to offset the cost of installing traffic signal battery backup units in the prior year. RESOLUTION NO. 02-280 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR A BATTERY BACKUP SYSTEM AND AUTHORIZING THE CITY ENGINEER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT AND CARRY OUT THE PURPOSE OF THE RESOLUTION City Council Minutes November 6, 2002 Page 4 D5. Approval of Declaration of Easement Amendment and Restatement between Nakano Foods, Inc., and Biane Family Properties, LLC, located along Eighth Street west of Hermosa Avenue. BIANE ABSTAINED FROM VOTING ON THIS ITEM. RESOLUTION NO. 02-281 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MODIFICATIONS TO DECLARATION OF EASEMENT AMENDMENT AND RESTATEMENT BETWEEN NAKANO FOODS, INC., AND BIANE FAMILY PROPERTIES, LLC, LOCATED ALONG EIGHTH STREET WEST OF HERMOSA AVENUE D6. Approval of acceptance of the 24-foot Offer of Dedication over Parcel 2 as shown on parcel Map 3213 for an easement for highway and road purposes for a portion of the west side of East Avenue, north of Banyan Street (formerly Summit Avenue). RESOLUTION NO. 02-282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THAT 24-FOOT OFFER OF DEDICATION FOR HIGHWAY AND ROAD PURPOSES (BEING A PORTION OF EAST AVENUE) OVER PARCEL 2 AS SHOWN ON PARCEL MAP 3213 D7. Approval of acceptance of Offer of Reserve Parcels for street purposes, offered as one-foot wide lots A, B, and C of Tract 9521, at the termini of Carrari Court, Whirlaway Street and Klusman Avenue, located west of Archibald Avenue and north of Hillside Road. RESOLUTION NO. 02-283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING AN OFFER OF RESERVE PARCELS FOR STREET PURPOSES, OFFERED AS ONE-FOOT WIDE LOTS A, B AND C OF TRACT 9521, AT THE TERMINI OF CARRARI COURT, WHIRLAWAY STREET AND KLUSMAN AVENUE, LOCATED WET OF ARCHIBALD AVENUE AND NORTH OF HILLSIDE ROAD D8. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for Parcel Map 15732, located at the southeast corner of Center Avenue and Dorset Street, submitted by W.F. Construction, Inc. RESOLUTION NO. 02-284 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 15732, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-285 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 PARCEL MAP 15732 City Council Minutes November 6, 2002 Page 5 D9. Approval of Map, Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract Map 16334, located at the southeast corner of the intersection of Rochester Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Richmond American Homes, Inc., a Colorado Corporation. RESOLUTION NO. 02-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16334, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AN 3 FOR TRACT 16334 D10. Approval to accept property located at 12467 Base Line Road (Regina Winery) from the Rancho Cucamonga Redevelopment Agency. THIS ITEM WAS DUPLICATED. SEE WORDING FOR ITEM Dll. D11. ADDED ITEM - Approval and authorization to execute a Ground Lease Agreement between the City of Rancho Cucamonga and J. Filippi Winery (CO 02-131) for property located at 12467 Base Line Road. D12. Approval to accept property located at 12467 Base Line Road and Assumption of Existing Lease with J. Filippi Winery (CO RA 98-020) from the Rancho Cucamonga Redevelopment Agency. D13. Approval of Contract Amendment with Mariposa Horticultural Enterprises, Inc., for the maintenance contract for General Fund and LMD 1 Parks and Sties (CO 93-006). D14. Approval of the Professional Services Agreement with Beard, Provencher & Associates, Inc. (BPA) (CO 02-122) to provide supplemental plan review and inspection services as necessary to meet the service level of the public and the development community. D15. Approval to increase the contract award with Boyle En~lineerin~l Corporation (CO 02-087) for preparation of construction plans, specifications, and construction cost estimates for the Pacific Electric Inland Empire Trail, from Haven Avenue to approximately 1,200 feet east of Etiwanda Avenue, to be funded from Acct. No. 11103165300 for the amount of $43,665. D16. Approval of the Professional Services Agreement with ESGIL Corp. (CO 02-123) to provide supplemental plan review as necessary to meet the ongoing service requests of the development community. D17. Approval to award and execute the Playground Sand Replacement at Various City parks contract to KCE Co. (CO 02-124) of Upland, California, in the amount of $103,200 ($97,800 plus $5,400 contingency) funded from Acct. Nos. 1120305-5650/1305120-0 ($69,700), 1120305-5650/1306120-0 ($20,500), and 1120305-5650/1307120-0 ($13,000). City Council Minutes November 6, 2002 Page 6 D18. Approval to appropriate up to $150,000 into Acct. No. 1001314-5300 for contract services with Lilburn Corporation (CO 02-125) relating to environmental review work in association with development projects as required by California Environmental Quality Act (CEQA). D19. Approval to appropriate funds in the amount of $25,000 (Acct. No. 1120305-5650/1449120-0) and approval of an agreement for reimbursement between the City of Rancho Cucamonga, Rancho Little League and Vineyard Little League (CO 02-126) for the acquisition and installation of one scoreboard at the Rancho Cucamonga Epicenter and Sports Complex. D20. Approval of Professional Services Agreement with Willdan (CO 02-127) to provide supplemental plan review and inspection services as necessary to meet the ongoing service requests of the development community. D21. Approval to appropriate an additional $160,000 into Acct. Nos. 1001000-4509 (Planning-Special Service Fees) and 1001314-5303 (Contract Services-Reimbursable) to fund a developer-reimbursed Environmental Impact Report (EIR) for a 359-1ot subdivision, development agreement, and annexation application and to fund future projects anticipated for Fiscal year 2002/03. D22. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for CUP 98-26, submitted by Norm Wilson & Sons, located on the northeast corner of Pittsburgh Avenue and Mission Vista Drive. RESOLUTION NO. 02-288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 98-26 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D23. Approval to release Maintenance Guarantee Bond for CUP 99-10, located on the southeast corner of Carnelian and Nineteenth Streets, submitted by Evergreen Devco, Incorporated. D24. Approval to accept improvements, release the Faithful Performance Bond, and file a Notice of Completion for improvements for DR 99-61 submitted by 7th Street Pacific, LLC, located at the northwest corner of 7th Street and Malachite Avenue. RESOLUTION NO. 02-289 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-61 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Williams, seconded by Curatalo to approve the staff recommendations in the staff reports as indicated in the Consent Calendar as corrected, with Biane abstaining from item D5. Motion carried unanimously 5-0. E. CONSENT ORDINANCES No Items Submitted. City Council Minutes November 6, 2002 Page ? F. ADVERTISED PUBLIC HEARINGS Fl. DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR LIVING - A proposed Development Agreement (CO 02-128) to permit a parking ratio of 1.15 parking space per unit for an age-restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairview Place and 6th Street - APN: 210-082-53 thru 57. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. Staff report presented by Debra Meier, Contract Planner. Mayor opened the meeting for public hearing. Addressing the City Council was: Chuck Buquet, Charles Joseph Associates, representing the applicant, thanked Debra Meier and Doug Fenn for their assistance with this project. He stated they are in agreement with all provisions of the Development Agreement. There being no further input, the public hearing was closed. Kathryn Scott, Deputy City Clerk, read the title of Ordinance No. 691. ORDINANCE NO. 691 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2002-00770, TO ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TM STREET AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-082-53 THRU 57 MOTION: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 691 for the November 20, 2002 meeting. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002-00643 - FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement (CO 02-129) associated with a proposal for 216 market-rate senior apartments in the High Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227- 151-70. Related Files: Tentative Parcel Map SUBTPM15923 and DevelopmentJDesign Review DRC2002-00633. Staff report presented by Debra Meier, Contract Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: John Alstrom, representing the applicant, thanked staff and the City Attorney's office for their help. There being no further response, the public hearing was closed. Kathryn Scott, Deputy City Clerk, read the title of Ordinance No. 692. City Council Minutes November 6, 2002 Page 8 ORDINANCE NO. 692 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DRC2002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MAYTEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY PLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-151-70 MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 692 for the November 20, 2002 meeting. Motion carried unanimously 5-0. A recess was taken at 7:58 p.m. The meeting reconvened at 8:09 p.m. with all Councilmembers present. G. PUBLIC HEARINGS Gl. ADOPTION OF THE CALIFORNIA BUILDING STANDARDS CODF Staff report presented by John Thomas, Acting Building Official. Kathryn Scott, Deputy City Clerk, read the title of Ordinance No. 693. ORDINANCE NO. 693 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTERS 15.04, 15.12, 15.16, 15.20, 15.24, 15.28 AND 15.32, OF TITLE 15, BUILDINGS AND CONSTRUCTION, OF THE RANCHO CUCAMONGA MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2001 CALIFORNIA BUILDING CODE, INCORPORATING THE "UNIFORM BUILDING CODE, VOLUMES 1 AND 2," 1997 EDITION INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA MECHANICAL CODE, INCORPORATING THE "UNIFORM MECHANICAL CODE," 2000 EDITION; THE 2001 CALIFORNIA PLUMBING CODE, INCORPORATING THE "UNIFORM PLUMBING CODE," 2000 EDITION, INCLUDING ALL APPENDICES THERETO; THE 2001 CALIFORNIA ELECTRICAL CODE, INCORPORATING THE "NATIONAL ELECTRICAL CODE," 1999 EDITION, INCLUDING THE "UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE," 1996 EDITION; ALL AS AMENDED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION AND CONTAINED IN PARTS 2 THROUGH 5 OF TITLE 24 OF THE CODE OF REGULATIONS; THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROus BUILDINGS," 1997 EDITION; THE "UNIFORM HOUSING CODE," 1997 EDITION; TOGETHER WITH CERTAIN AMENDMENTS, DELETIONS, ADDITIONS, AND EXCEPTIONS, INCLUDING FEES AND PENALTIES City Council Minutes November 6, 2002 Page 9 MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance No. 693 for the December 4, 2002 meeting including setting the public hearing date for the same meeting. Motion carried unanimously 5-0. G2. CONSIDERATION OF A RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AT APNS 227-152-30, 227-152-37, 227-161-16 AND 227-201-10 AS PART OF THE PROPOSED PHASE 1-A IMPROVEMENTS OF THE COMMUNITY FACILITIES DISTRICT 2001-01 Staff report presented by Maria Perez, Assistant Engineer. She also indicated that the staff repod and all of the documentation mentioned in the staff report should be incorporated into the record for this proceeding. James Markman, City Attorney, introduced Regina Danner from his firm who was also available if there were any questions. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Nell Derry, Southern California Edison, stated SCE opposes the condemnation. He did not feel this was for the public good, but instead injures the public good because it limits SCE's ability to expand power transmission as Rancho Cucamonga expands in the future. He felt SCE and the City are near an agreement on this and that they would like a continuance on this item. Councilmember Williams inquired if he felt there would be a resolution in two weeks. Mr. Derry felt there would be. James Markman, stated they are always happy to try to resolve these issues. He stated by adopting this resolution, they would file a lawsuit, and move forward with this process. He felt the only way to get this resolved quickly is to go ahead and adopt the Resolution at this time. John Lyons, resides near this project, stated he strongly recommends this be approved. There being no further response, public comments were closed. RESOLUTION NO. 02-290 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE EXTENSION OF CHURCH STREET AND THE INSTALLATION OF THE MASTER PLANNED STORM DRAIN CONNECTION TO DAY CREEK CHANNEL AS PART OF THE PROPOSED PHASE I-A IMPROVEMENTS OF COMMUNITY FACILITIES DISTRICT 2001-01 MOTION: Moved by Dutton, seconded by Curatalo to approve Resolution No. 02-290. Motion carried unanimously 5-0. City Council Minutes November 6, 2002 Page 10 G3. CONSIDERATION OF ADOPTION OF RESOLUTION OF NECESSITY FOR THE ACQUISITION IN EMINENT DOMAIN OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION, AND IMPROVEMENTS ALONG 6~ STREET AND SANTA ANITA AVENUE Staff report presented by Dan James, Sr. Civil Engineer. He indicated the staff report and all associated documentation should be included with the public record. James Markman, City Attorney, stated the staff report is included as part of the public record as well as three letters: 1) dated October 18, 2002 from Douglas Ditonto, 2) dated October 25, 2002 from Douglas Ditonto and 3) distributed this evening from Paragon Capital dated November 5, 2002 signed by Klm Snyder. He stated all of these have been submitted and read by the Council and are included as part of the record. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: Nell Derry, Southern California Edison, stated they oppose the taking of this property. He stated their property is to serve the public now and in the future. He felt this project is not in the public's best interest and conflicts with their ability to serve the energy needs of the public. He did not think there was a public necessity to take this at this time and that there were other alternatives to consider. Councilmember Dutton inquired how this prevents them from serving the community because of this action. Nell Derry stated they have a limited amount of capacity or area to put in transmission lines and as the needs increase this will prevent them from expanding. Councilmember Dutton continued to inquire how this would negatively affect them along 6th Street. James Markman, City Attorney, asked if they have specific plans right now. Mr. Derry stated they do plan to run a 66 cable line on the east side and possibly another, but that they do not have a set of plans at this time. He stated the PUC requires them to protect what they have for future transmission. Chuck Buquet, Charles Joseph Associates, stated he is working with Paragon Homes and stated he disagrees with what SCE is stating and continued to explain why. He stated they felt what they are proposing is a very positive contribution to the City. He did not feel a continuance was warranted. He felt the Council should move forward. Klm Snyder, Paragon Capital, stated he has been working on this project for about 20 months with the City's Engineering Division. He stated they have tried to work with Edison to come to an agreement, but has not been a very positive experience. He stated until these recent letters were written they had not heard from Edison for about six to eight months. He felt their plan was safe and that it would work. John Lyons asked that the Council support this project. He stated he hopes there will be an off ramp on 6th Street and Arrow and these improvements will help that. There being no further input, the public hearing was closed. City Council Minutes November 6, 2002 Page ! ! RESOLUTION NO. 02-291 A RESOLUTION OF NECESSITY OF THE CITY OF RANCHO CUCAMONGA DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF, IN CONNECTION WITH THE EXTENSION, CONSTRUCTION AND IMPROVEMENTS ALONG 6TM STREET AND SANTA ANITA AVENUE MOTION: Moved by Dutton, seconded by Biane to approve Resolution No. 02-291. Motion carried unanimously 5-0. H. CITY MANAGER'S STAFF REPORTS H1. UPDATE ON PLANS TO COMMEMORATE THE CITY'S 25TM ANNIVERSARY (Oral) Staff report given by Nettle Nielsen, Recreation Supervisor. ACTION: Report received and filed. H2. APPROVAL OF A JOINT USE AGREEMENT BETVVEEN THE CITY OF RANCHO CUCAMONGA AND THE CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT (CO 02-130) FOR EXPANDING COMMUNITY USE OF HIGH SCHOOL FACILITIES Staff report given by Dave Moore, Recreation Superintendent. Councilmember Williams felt this is an absolute wonderful program and commented how valuable it will be for the community. She commended staff for working out the details on this. Councilmembers Dutton stated he echoed Councilmember Williams' comments. Dave Moore, Recreation Superintendent, pointed out this was Kevin McArdle's vision. MOTION: Moved by Williams, seconded by Curatalo to approve CO 02-130. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. CONSIDERATION OF CITY COUNCIL COMMUNITY FOUNDATION SUBCOMMITTEE'S RECOMMENDATIONS TO FILL VACANCIES Staff report presented by Paula Pachon, Management Analyst III. MOTION: Moved by Dutton, seconded by Williams to appoint Tim Younger and Michael Arreguin. Motion carried unanimously 5-0. 12. LEGISLATIVE UPDATE Councilmember Williams stated the House of Representatives will be voting on a bill to give Rancho Cucamonga $900,000 for our senior center. She stated this will go a long way for our senior center. She pointed out it is still in the works, but that it is looking good that we will get that money. City Council Minutes November 6, 2002 Page 12 J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Primo Morales, 8210 Malvern thanked Councilmembers Paul Biane, Bob Dutton and Grace Curatalo for their service to the community. He also congratulated Mayor Alexander, Councilmember Diane Williams and Rex Gutierrez on their successful election. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Dutton to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:00 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * November 20, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meeting A. CALL TO QRDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, November 20, 2002, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:15 p.m. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Craig Fox, Assistant City Attorney; Linda D. Daniels, RDA Director; Jan Reynolds, RDA Analyst; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Bob Bowery, Information Systems Manager; Ingrid Bruce, GIS/Special Districts Supervisor; Joe Kamrani, Sr. Information Systems Analyst; Sam Davis, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; John Thomas, Acting Building Official; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Depadment; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Fire Marshall Mike Bell, Rancho Cucamonga Fire Protection District; Fire Inspector Tim Fejeran, Rancho Cucamonga Fire Protection District; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to State Senator Nell Soto in appreciation of her leadership and service to the City of Rancho Cucamonga as our Representative in the California State Senate. Mayor Alexander presented a plaque to Senator Soto thanking her for all she has done for the City of Rancho Cucamonga. B2. Presentation to Bob Dutton in appreciation of his service to the people and the City of Rancho Cucamonga. Mayor Alexander presented Bob Dutton with a plaque thanking him for his service to the City of Rancho Cucamonga while serving on the City Council. B3. Presentation of Certificates to Alta Loma, Cucamonga, Central and Etiwanda School Districts on behalf of their respective schools in recognition of their participation at the Geographic Information Systems (GIS) Day Celebration at City Hall from November 12 through November 19, 2002, and for promoting the use of GIS technology in schools. Larry Temple, Administrative Services Director, Ingrid Bruce, GIS/Special District Supervisor presented a 10 minute video highlighting this event. City Council Minutes November 20, 2002 Page 2 B4. Presentation of a Proclamation in recognition of "Geography Awareness Week," November 17 through 23, and proclaiming November 20, 2002 as "National Geographic Information Systems (GIS) Day." Mayor Alexander, assisted by Larry Temple Administrative Services Director, and Ingrid Bruce, GIS/Special Districts Supervisor, presented the cedificates. B5. Presentation of a Proclamation in Recognition of"National FamilyWeek." Mayor Alexander presented the Proclamation to Scott Cadman. B6. Presentation of a Commemorative September 11th Poem to the City Council from Community Volunteer, Hilda Katz Phillips. The commemorative poem was read and presented to the City of Rancho Cucamonga. C. COMMUNICATIONS FROM THE PUBLIC C1. Jim and Gwyn Frost talked about the incorporation of the City. Mr. Frost told about the confusion of the incorporation date when the City first incorporated. He also informed the Council about the first Sheriff's Department contract. C2. John Lyons stated he would like to see a monument for those individuals that have served on previous City Councils, both deceased and those still living. C3. Hilda Katz Phillips felt it was appropriate to have her commemorative poem placed at the City's proposed Cultural Arts Center once it is completed. C4. Leslie Grimes felt there should be a special election to fill the existing vacancies on the City Council. She talked about campaign contributions and felt they breed mistrust because a payback is expected. She mentioned Paul Biane showing support for the Colonies project and wondered how he based his decision. She felt money wasn't everything. She added she would like to see real jobs brought into the City through the new City Council. Councilmember Biane stated his opponent raised as much money as he did from the same supporters. C5. Pauline Dean felt it was important to have the right to vote. She talked about the Veterans program and how wonderful it was. Councilmember Williams stated Congressman Dreier also attended this event and how much she appreciated him being present at this event D. CONSENT CALENDAR Jack Lam, City Manager stated item D16 will be removed from the agenda and would return at a future meeting. D1. Approve to receive and file current Investment Schedule as of October 31, 2002. City Council Minutes November 20, 2002 Page 3 D2. Approval of Warrants, Register October 30 through November 12, 2002, and Payroll ending October 24, 2002, for the total amount of $2,887,335.11. D3. Approval to declare Surplus Miscellaneous City-Owned Equipment. D4. Approval of a recommendation from the Park and Recreation Commission for potential fundraising activities by the Senior Advisory Committee for the new Senior Center at Central park. D5. Approval to appropriate funds received from the Department of Housing and Urban Development for a grant in the amount of $50,000 for Conceptual Design of Phase 1 of the Senior Center at Central Park (12393035650/1330239-0). D6. Approval of Street Banner Applications and Schedule for calendar 2003 Year. D7. Approval to purchase emergency vehicle preemption devices from a sole source as required by Caltrans for installation at State Route 210 related traffic signals in an amount not to exceed $40,000 from Acct. No. 1124-308-5650-1160124-0. DS. Approval of Annexation of work program areas to Landscape Maintenance District No. 10, located on both sides of Day Creek Boulevard, north of the 210 Freeway. RESOLUTION NO. 02-292 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO THE WORK PROGRAM FOR LANDSCAPE MAINTENANCE DISTRICT NO. 10, FOR RANCHO ETIWANDA REVISED UNIVERSITY PROJECT D9. Approval of Landmark Designation LD2002-00003 - SOHEILA AZIZI - Application to designate the Mitchell Family Residence as an Historic Landmark, located at 10213 Foothill Boulevard -APN: 208- 331-07. Related files: Landmark Alteration Permit LA2002-00003, Mills Act Agreement MA2002- 00001, and Minor Development Review DRC2002-00806. RESOLUTION NO. 02-293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING LANDMARK DESIGNATION LD2002-00003 - DESIGNATING THE MITCHELL FAMILY RESIDENCE AN HISTORIC LANDMARK, LOCATED AT 10213 FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 208-331-07 D10. Approval of Mills Act Agreement MA2002-00001 - SOHEILA AZIZI - (CO 02-136) Request to implement the use of the Mills Act to reduce property tax on the Mitchell Family Residence, a Historic Landmark, located at 10213 Foothill Boulevard - APN: 208-331-07. Related flies: Landmark Designation LD2002-00807, Landmark Alteration Permit LA2002-00003, and Minor Design Review DRC2002-00806. City Council Minutes November 20, 2002 Page 4 Dll. Approval to increase the contract award with Boyle Engineering Corporation (CO 02-087) for preparation of construction plans, specifications, and construction cost estimates for the Pacific Electric Inland Empire Trail, Phase 2, from Amethyst Street to Archibald Avenue, to be funded from Acct. No. 11103165300 for the amount of $40,658 with a portion to be reimbursed from a grant under the Bicycle Transportation Account (BTA). PULLED FOR DISCUSSION. D12. Approval of National Pollutant Discharge Elimination System (NPDES) - Phase II Permit Fee and appropriation of $12,500 into Acct. No. 1001-306-5300. D13. Approval of the Deannexation of Parcel 1 of Parcel Map 15802 from Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7, located on the west side of East Avenue, north of Banyan Street. RESOLUTION NO. 02-294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE DEANNEXATION OF CERTAIN TERRITORY FROM LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR PARCEL 1 OF PARCEL MAP 15802 D14. Approval of easements from Southern California Edison for the installation of Banyan Street Improvements and for storm drains west of Wilson Avenue and north of Tract 14496, located west of Day Creek Boulevard in the Rancho Etiwanda Development. PULLED FOR DISCUSSION. RESOLUTION NO. 02-295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO ACCEPT GRANTS OF A ROAD EASEMENT AND A STORM DRAIN EASEMENT FROM SOUTHERN CALIFORNIA EDISON, SUBJECT TO THE TERMS AND CONDITIONS THEREON, AND TO CAUSE THE SAME TO BE DELIVERED TO SOUTHERN CALIFORNIA EDISON FOR RECORDATION D15. Approval of release of Real Property Improvement Contract and Lien Agreement (CO 02-132) for Parcel 1 of parcel Map 8901, located on the northeast corner of Foothill Boulevard and Center Avenue. RESOLUTION NO. 02-296 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING OF REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PARCEL 1 OF PARCEL MAP 8901, LOCATED ON THE NORTHEAST CORNER OF FOOTHILL BOULEVARD AND CENTER AVENUE D16. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRC2002-00185, located on the southeast corner of knuckle intersection of Dorset Street and Cartilla Avenue, submitted by Rancho Pacific Development Corporation. REMOVED FROM AGENDA. RESOLUTION NO. 02-297 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2002-00185 City Council Minutes November 20, 2002 Page 5 RESOLUTION NO. 02~298 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 DRC2002-00185 D17. Approval of Map and Ordering the Annexation to Landscape maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Parcel Map 15781, located at the northwest and southwest corners of Highland Avenue at Day Creek Boulevard, submitted by Ralphs Grocery Company. RESOLUTION NO. 02-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 15781, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 02-300 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR PARCEL MAP 15781 D18. Approval of release of a Real Property Improvement Contract and Lien Agreement for Development Review 84-02, located on the southeast corner of Jersey Boulevard and Boston Place. RESOLUTION NO. 02-301 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR DEVELOPMENT REVIEW 84-02, LOCATED ON THE SOUTHEAST CORNER OF JERSEY BOULEVARD AND BOSTON PLACE D19. Approval to accept bids received and award and authorize the execution of the contract in the amount of $586,564.00 ($533,240.00 plus 10% contingency) to the apparent Iow bidder, Albert W. Davies, Inc., (CO 02-0133) for the construction of the Foothill Boulevard Storm Drain Improvements from Etiwanda Avenue to 1600' Easterly, to be funded from AD 84-1 Day Creek Funds, Acct. No. 16023035650/1414602-0. D20. Approval of a policy for the use of the Mello-Roos Community Facilities Act of 1982 for proposed Community Facilities District 2003-01. RESOLUTION NO. 02-302 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, WAIVING CERTAIN POLICIES SET FORTH IN THE CITY'S STATEMENT OF GOALS AND POLICIES FOR THE USE OF THE MELLO-ROOS COMMUNITIES FACILITIES ACT OF 1982 IN CONNECTION WITH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2003-01 City Council Minutes November 20, 2002 Page 6 D21. Approval for the award of a window cleaning services contract for various city facilities, per the bids received to Sunshine Windows, of Upland, (CO 02-134) in an annual amount not to exceed $34,600.00. PULLED FOR DISCUSSION. D22. Approval to release Maintenance Guarantee Bond No. 08083234 in the amount of $10,359.43, for the Lemon Avenue Pavement Rehabilitation from Carnelian Street to Beryl Street, Contract No. 01-039. D23. Approval to release Maintenance Guarantee Bond No. AE2664674 in the amount of $8,968.80, for the Amethyst Avenue Street and Storm Drain Improvements from 300 feet north of Roberds Court to 450 feet north, Contract No. 01-045. D24. Approval to release Maintenance Guarantee Bond No. CB48961 in the amount of $3,657.80, for the North Etiwanda Security Wall between South Termini of Stephens Place and Koch Place, Contract No. 01-046. DISCUSSION OF ITEM Dll. Approval to increase the contract award with Boyle Engineering Corporation (CO 02-087) for preparation of construction plans, specifications, and construction cost estimates for the Pacific Electric Inland Empire Trail, Phase 2, from Amethyst Street to Archibald Avenue, to be funded from Acct. No. 11103165300 for the amount of $40,658 with a portion to be reimbursed from a grant under the Bicycle Transportation Account (BTA). Councilmember Williams felt this was a great thing and wanted it pointed out for the community to know about. DISCUSSION OF ITEM D14. Approval of easements from Southern California Edison for the installation of Banyan Street Improvements and for storm drains west of Wilson Avenue and north of Tract 14496, located west of Day Creek Boulevard in the Rancho Etiwanda Development. Councilmember Dutton asked what the time schedule was for this. Joe O'Neil, City Engineer, stated in the next couple of months construction will be starting and be completed within six months. DISCUSSION OF ITEM D 21. Approval for the award of a window cleaning services contract for various city facilities, per the bids received to Sunshine Windows, of Upland, (CO 02-134) in an annual amount not to exceed $34,600.00. Councilmember Williams asked if there was anyone local that was interested in this. Joe O'Neil, City engineer, stated there was no one local company that bid on this job. Councilmember Williams stated that was her concern and now she had her question answered. MOTION: Moved by Williams, seconded by Dutton to approve the staff recommendations in the staff repods contained within the Consent Calendar, with the exception of item D16. Motion carried unanimously 5-0. City Council Minutes November 20, 2002 Page 7 E. CONSENT ORDINANCES El. DEVELOPMENT AGREEMENT DRC2002-00770 - KISCO SENIOR LIVING - A proposed Development Agreement (CO 02-128) to permit a parking ratio of 1.15 parking space per unit for an age-restricted apartment community of 264 units on 9.6 acres of land in Planning Area 8 of the Subarea 18 Specific Plan, located at the southwest corner of Fairview Place and 6th Street - APN: 210-082-53 thru 57. This project is based on the Environmental Impact Reports prepared for the Subarea 18 Specific Plan and the General Plan Update certified by the City of Rancho Cucamonga in 1994 and 2001, respectively. This project is within the scope of these prior environmental documents and does not raise or create new environmental impacts not already considered in the certified EIRs. Debra J. Adams, City Clerk, read the title of Ordinance No. 691. ORDINANCE NO. 691 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2002-00770, TO ESTABLISH A UNIQUE PARKING RATIO FOR A SENIOR APARTMENT PROJECT, LOCATED AT THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND 6TH STREET AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 210-082-53 THRU 57 MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance No. 691. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT DRC2002~00643 - FOUNTAIN GLEN PROPERTIES - A proposed Development Agreement (CO 02-129) associated with a proposal for 216 market-rate senior apartments in the High Residential component (24-30 dwelling units per acre) of the Mixed Use MHO District (Office, Hospital and related facilities) of the Terra Vista Community Plan, located at the southwest corner of Church Street and Mayten Avenue - APN: 227- 151-70. Related Files: Tentative Parcel Map SUBTPM15923 and Development/Design Review DRC2002-00633. Debra J. Adams, City Clerk, read the title of Ordinance No. 692. ORDINANCE NO. 692 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. DRC2002-00643, TO ESTABLISH A UNIQUE PARKING RATIO FOR A PROPOSED SENIOR APARTMENT PROJECT LOCATED AT THE SOUTHWEST CORNER OF CHURCH STREET AND MAr'TEN DRIVE, WITHIN THE TERRA VISTA COMMUNITY PLAN, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 227-151-70 MOTION: Moved by Dutton, seconded by Williams to waive full reading and approve Ordinance No. 692. Motion carried unanimously 5-0. City Council Minutes November 20, 2002 Page 8 F. CITY MANAGER'S STAFF REPORTS Fl. PRESENTATION OF INFORMATION TECHNOLOGY MASTER PLAN Staff report and power point presentation were given by Pamela Easter, Deputy City Manager. MOTION: Moved by Dutton, seconded by Biane to approve staff's recommendation. Motion carried unanimously 5-0. F2. PRESENTATION ON THE POLICE DEPARTMENT'S IDENTITY THEFT PROGRAM (Oral) Captain Pete Ortiz introduced the item. The presentation was given by Detective Bob Hards and Detective Steve Wolff. Councilmember Dutton suggested they provide the Chamber of Commerce with an information packet. Both the detectives stated they would be happy to do this. ACTION: Repod received and filed. G. COUNCIL BUSINESS Gl. CONSIDERATION OF CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION TO FILL VACANCIES ON THE LIBRARY FOUNDATION Staff report presented by Deborah Clark, Library Director. She indicated the candidates were very qualified. She stated at the subcommittee's request, she has gone to the Library Board and suggested the Foundation's membership be increased so that all of the applicants could be appointed. She indicated the Library Board approved this suggestion. MOTION: Moved by Dutton, seconded by Curatalo to appoint Teresa Akahoshi, Stefani Carrasco, Ruth Leal, and Wanda Mitchell. Motion carried unanimously 5-0. G2. CONSIDERATION OF RECOMMENDATION TO REAPPOINT LARRY MCNIEL, PAM STEWART, AND PETER TOLSTOY TO THE HISTORIC PRESERVATION AND PLANNING COMMISSIONS Staff report presented by Jack Lam, City Manager. Councilmember Williams asked what the term of office was. Brad Buller, City Planner, stated the term would end in 2005 because they were already into this term one year. MOTION: Moved by Biane, seconded by Curatalo to reappoint Larry McNiel, Pam Stewart and Peter Tolstoy. Motion carried unanimously 5-0. City Council Minutes November 20, 2002 Page 9 G3. CONSIDERATION OF POLICY REGARDING COMMISSIONS Staff report given by Mayor Alexander. Councilmember Williams suggested that the chair not hold the position for more than two years. MOTION: Moved by Dutton, seconded by Williams to approve the policy as modified. Motion carried unanimously 5-0. G4. CONSIDERATION OF A REQUEST TO SUPPORT CONCEPTUAL AREA PROTECTION PLAN FOR THE ETIWANDA NORTH PRESERVE AUGMENTATION AREA BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME (PR J2002-00172) Staff report presented by Larry Henderson, Principal Planner. Various questions were asked of staff. MOTION: Moved by Dutton, seconded by Williams to approve the Conceptual Area Protection Plan. Motion carried unanimously 5-0. G5. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATF ACTION: Report received and filed. H. IDENTIFICATION OF ITEMS FOR NEXT MEETING H1. Councilmember Dutton stated he would like a report on job creation that has occurred in the City. He would also like to know the economic impact and benefits for jobs as it relates to the mall. I. COMMUNICATIONS FROM THE PUBLIC I1. John Lyons stated he voted and trusts Paul Biane. 12. Councilmember Williams reported the Route 30 freeway will open on Sunday November 24 and 12:00 Noon. J. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:18 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP - 00191011 11/27/2002 A AND A AUTOMOTIVE 50.00 AP - 00191012 11/27/2002 AA EQUIPMENT RENTALS CO INC 216.35 AP - 00191012 11/27/2002 AA EQUIPMENT RENTALS CO ]NC 549.82 AP - 00191013 11/27/2002 ABC LOCKSMITHS 36.37 AP- 00191013 11/27/2002 ABC LOCKSMITHS 213.98 AP- 00191014 11/27/2002 ABLAC 16.39 AP - 00191015 11/27/2002 ACTIVE WALLACE GROUP 2,000.00 AP - 00191015 11/27/2002 ACTIVE WALLACE GROUP 625.96 AP - 00191016 11/27/2002 ADAMSON, RONALD 1,056.00 AP - 00191017 11/27/2002 ALTA LOMA CHARTER LINES 404.01 AP - 00191018 11/27/2002 ALTA LOMA HIGH SCHOOL 800.00 AP - 00191019 11/27/2002 AMERICAN PIPE AND SUPPLY 86.45 AP - 00191020 11/27/2002 AMERICAN PLUMBING PARTSMASTER INC 15.09 AP- 00191021 11/27/2002 AMTECH ELEVATOR SERVICES 187.00 AP - 00191022 11/27/2002 ANDERSON CHERTKOW, CRIST]NA 41.75 AP - 00191023 11/27/2002 ARBOR NURSERY ]NC 377.13 AP - 00191024 11/27/2002 ARCH WIRELESS 1,150.02 AP - 00191025 11/27/2002 ARCHITERRA DESIGN GROUP 9,120.00 AP - 00191025 11/27/2002 ARCHITERRA DESIGN GROUP 317.60 AP- 00191025 11/27/2002 ARCHITERRA DESIGN GROUP 279.20 AP- 00191025 11/27/2002 ARCHITERRA DESIGN GROUP 3,080.00 AP - 00191025 11/27/2002 ARCHITERRA DESIGN GROUP 192.00 AP - 00191026 11/27/2002 ARRIAGA, HELEN 80.00 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 82.40 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 379.88 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 45.38 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 60.19 AP- 00191027 11/27/2002 ARROWHEAD CREDIT UNION 828.00 AP- 00191027 11/27/2002 ARROWHEAD CREDIT UNION 63.00 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 1,860.24 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 1,209.91 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 330.00 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 282.52 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 45.85 AP - 00191027 11/27/2002 ARROWHEAD CREDIT UNION 210.00 AP- 00191027 11/27/2002 ARROWHEAD CREDIT UNION 246.83 AP 00191027 11/27/2002 ARROWHEAD CREDIT UNION 693.93 AP 00191027 11/27/2002 ARROWHEAD CREDIT UNION 164.50 AP 00191027 11/27/2002 ARROWHEAD CREDIT UNION 516.27 AP 00191027 11/27/2002 ARROWHEAD CREDIT UNION 44.40 AP 00191027 11/27/2002 ARROWHEAD CREDIT UNION 794.64 AP 00191028 11/27/2002 ASSOCIATED ENGINEERS 5,210.00 AP 00191029 11/27/2002 AUDIO TECH BUS]NESS BOOK SUMMARIES 135.00 AP 00191030 11/27/2002 AUSTIN, DONNA 217.67 AP 00191031 11/27/2002 AUTO SPECIALISTS 112.50 AP 00191032 11/27/2002 AVALOS, T]NA 52.30 AP - 00191033 11/27/2002 BARRETT, KATHY 50.00 AP - 00191034 ! 1/27/2002 BASEL]NE TRUE VALUE HARDWARE 5.22 AP- 00191035 11/27/2002 BASSO, ASHLEY 53.00 AP - 00191036 11/27/2002 BENSON, MAURY 910.00 AP - 00191037 11/27/2002 BERNELL HYDRAULICS ]NC 14.34 AP - 00191038 11/27/2002 BLANCHARD, KEN 40.00 AP- 00191039 11/27/2002 BODY SHOTS 315.21 AP- 00191040 11/27/2002 BORDNER, MARGIE 1,171.00 User: ahunsber - Ann Hunsberger Page: 1 Current Date: 12/10/~ Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Porixait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Yendor Name Amount AP - 00191041 11/27/2002 BRUNSWICK DEER CREEK LANES 705.60 AP - 00191042 11/27/2002 CAFE JUSTICE 1,165.00 AP - 00191043 11/27/2002 CALSENSE 5,717.88 AP 00191044 11/27/2002 CAMACHO, ROMAYNE 66.15 AP 00191045 11/27/2002 CARAWAY, ROBIN 63.00 AP 00191046 11/27/2002 CARLSON, CARLA 39.50 AP 00191046 11/27/2002 CARLSON, CARLA 10.50 AP 00191047 11/27/2002 CHACON, LORENA 5.00 AP 00191048 11/27/2002 CHAMPION AWARDS AND SPECIALIES 12.93 AP 00191049 11/27/2002 CHU, CHIA YUN 57.75 AP 00191050 11/27/2002 CITY RENTALS 17.78 AP 00191050 11/27/2002 CITY RENTALS 121.55 AP- 00191050 11/27/2002 CITY RENTALS 140.80 AP - 00191050 11/27/2002 CITY RENTALS 222.75 AP - 00191051 11/27/2002 CIVIC SOLUTIONS 8,370.00 AP - 00191051 11/27/2002 CIVIC SOLUTIONS 6,804.00 AP- 00191052 11/27/2002 CLABBY, SANDRA 1,000.00 AP- 00191053 11/27/2002 CLARK, CAITLIN 63.00 AP - 00191054 11/27/2002 CLARK, KAREN 244.80 AP - 00191055 11/27/2002 CLAYTON, JANICE 112.50 AP - 00191056 11/27/2002 COLTON TRUCK SUPPLY 16.36 AP - 00191056 11/27/2002 COLTON TRUCK SUPPLY 145.20 AP - 00191056 11/27/2002 COLTON TRUCK SUPPLY 20.60 AP - 00191056 11/27/2002 COLTON TRUCK SUPPLY 122.46 AP - 00191057 11/27/2002 COMBINED MARTIAL SCIENCE INC 2,341.80 AP - 00191058 11/27/2002 COPP CRUSHING COP, P, DAN 20.00 AP - 00191059 11/27/2002 COVERMASTER [NC 225.00 AP - 00191060 11/27/2002 CPRS DISTRICT X111 125.00 AP - 00191061 11/27/2002 CUCAMONGA CO WATER DIST 15,377.60 AP - 00191062 11/27/2002 CUCAMONGA CONSTRUCTION CONSULTANTS 1,400.00 AP - 00191063 11/27/2002 DAGHDEVIRIAN, KATHY 716.85 AP - 00191064 11/27/2002 DAN GUERRA AND ASSOCIATES 28,181.00 AP - 00191064 11/27/2002 DAN GUERRA AND ASSOCIATES 19,379.50 AP - 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00191247 11/27/2002 IRON AGE CORPORATION 77.28 AP - 00191247 11/27/2002 IRON AGE CORPORATION 150.00 AP - 00191247 l 1/27/2002 IRON AGE CORPORATION 1,000.00 AP - 00191247 11/27/2002 IRON AGE CORPORATION 150.00 AP - 00191247 11/27/2002 IRON AGE CORPORATION 150.00 AP - 00191247 11/27/2002 IRON AGE CORPORATION 813.38 AP- 00191248 11/27/2002 MILLIKEN, KEELY 1,200.00 AP - 00191249 11/27/2002 P A P A 55.00 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 477.26 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 403.41 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 206.37 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 167.08 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 353.66 AP - 00191250 t 1/27/2002 CUCAMONGA CO WATER DIST 263.02 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 178.38 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 152.81 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 366.02 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 1,740.31 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 513.39 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 135.53 AP - 00191250 11/27/2002 CUCAMONGA CC) WATER DIST 720.34 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 151.78 AP - 00191250 11/27/2002 CUCAMONGA CO WATER D1ST 142.15 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 178.37 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 214.61 User: ahunsber - Ann Hunsberger Page: 8 Current Date: 12/10/~ Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time~ 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP 00191250 11/27/2002 CUCAMONGA CO WATER DIST 105.43 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 211.52 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 119.85 AP 00191250 11/27/2002 CUCAMONGA CO WATER DIST 185.41 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 487.56 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 192.98 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 141.48 AP 00191250 11/27/2002 CUCAMONGA CO WATER DIST 337.85 AP 00191250 11/27/2002 CUCAMONGACOWATERDIST 507.13 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 133.91 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 1,024.03 AP 00191250 11/27/2002 CUCAMONGA CO WATER DIST 135.30 AP 00191250 11/27/2002 CUCAMONGA CO WATERDIST 1,050.97 AP -00191250 11/27/2002 CUCAMONG~COWATERDIST 81.38 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 451.35 AP - 00191250 11/27/2002 CUCAMONGA CO WATER DIST 94.01 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP- 00191254 l 1/27/2002 SOUTHERN CALIFORNIA EDISON 14.31 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP - 00191254 11/2742002 SOUTHERN CALIFORNIA EDISON 14.39 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 221.65 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 147.73 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.64 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 8.83 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 54.22 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 218.21 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 91.45 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 37.02 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 21.77 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.77 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 21.51 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 81.92 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 74.08 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 83.21 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 17.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.08 User: ahunsber - Ann Hunsberger Page: 9 Current Date: 12/10/5 Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.67 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 15.07 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.95 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.53 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 22.02 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.50 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 61.66 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.63 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 81.29 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 48.59 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 49.14 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 137.79 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON I4.37 AP 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 10.50 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 174.40 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 89.46 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 46.34 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 54.81 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 94.54 AP- 00191254 11/27/2002 SOUTHERN CALIFOILNIA EDISON 4,760.64 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 37.49 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 159.10 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 23.99 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 72.82 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 182.65 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 191.20 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 110.57 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 134.51 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 178.86 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 40.93 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 68.93 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 139.17 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 94.10 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 94.22 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 153.94 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.22 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 35.36 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.07 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 1,134.89 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.65 User: ahtmsber - Ann Hunsberger Page: I0 Current Date: 12/10/~ Report:CK_AGENDAREG_PORTRAIT_RC - CK: Agenda Check Register Portxait Layout Time: 13: I /t9 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.66 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 23.01 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 22.64 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.50 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.77 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 31.78 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 49.48 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.31 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 9.56 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 30.44 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.50 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 53.41 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 41.19 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 81.00 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.91 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 28.89 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 26.04 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 27.58 AP - 00191254 11/27/2002 SOUTHEKN CALIFORNIA EDISON 25.67 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 20.42 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 146.53 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 54.55 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 15.20 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 19.42 AP- 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 158.83 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 101.95 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191254 11/27/2002 SOUTHERN CALIFORNIA EDISON 29.97 AP- 00191255 11/27/2002 VERIZON 30.50 AP- 00191255 11/27/2002 VERIZON 24.31 AP - 00191255 11/27/2002 VERIZON 25.07 AP- 00191255 11/27/2002 VERIZON 23.29 AP- 00191255 11/27/2002 VERIZON 22.68 AP- 00191255 11/27/2002 VERIZON 89.46 AP- 00191255 ll/27/2002 VERIZON 23.04 AP - 00191255 11/27/2002 VERIZON 132.79 AP-00191255 11/27/2002 VERIZON 33.31 AP- 00191255 11/27/2002 VERIZON 36.97 AP- 00191255 11/27/2002 VERIZON 36.96 User: ahunsber - Ann Hunsberger Page: 11 Current Date: 12/10/'~ Report:CK_AGENDA PEG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 // CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191255 11/27/2002 VERIZON 147.61 AP- 00191255 11/27/2002 VEKIZON 89.46 AP- 00191255 11/27/2002 VERIZON 59.06 AP- 00191255 11/27/2002 VERIZON 465.92 AP- 00191255 11/27/2002 VERIZON 86.22 AP- 00191255 11/27/2002 VERIZON 89.46 AP - 00191255 11/27/2002 VERIZON 89.46 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 29.97 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.31 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 158.83 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 101.95 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.39 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 221.65 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 147.73 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 20.42 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 146.53 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.50 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 53.41 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 41.19 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 81.00 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 48.59 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 49.14 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 137.79 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.37 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 94.54 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 4,760.64 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 159.10 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 23.99 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 72.82 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 182.65 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 191.20 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 110.57 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 134.51 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 178.86 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 40.93 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 68.93 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 139.17 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 94.10 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 94.22 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 153.94 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.22 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 User: ahunsber - Ann Hunsberger Page: 12 Current Date: 12/10/2 Report:CK_AGENDA PEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 13:1 II-I CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 35.36 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.07 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 1,134.89 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 37.02 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 21.77 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.77 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 21.51 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 81.92 AP ~ 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.50 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.77 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.65 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.66 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 23.01 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.10 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 49.48 AP - 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00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 54.55 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 15.20 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 19.42 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 74.08 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 83.21 User: ahunsber - Ann Hunsberger Page: 13 Current Date: 12/10/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 17.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.63 AP - 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 13.82 AP- 00191260 12/2/2002 SOUTHERN CALIFORNIA EDISON 12.96 AP - 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Ann Hunsberger ' Page: 14 Current Date: 12/10/', Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191265 12/4/2002 ABC LOCKSMITHS 52.67 AP- 00191265 12/4/2002 ABC LOCKSMITHS 89.00 AP- 00191265 12/4/2002 ABC LOCKSMITHS 17.24 AP- 00191265 12/4/2002 ABC LOCKSMITHS 337.43 AP- 00191266 12/4/2002 ABLAC 294.06 AP- 00191268 12/4/2002 ADAMSON, RONALD 672.00 AP- 00191269 12/4/2002 ADVANCED ENGINEERING ACOUSTICS 1,400.00 AP- 00191269 12/4/2002 ADVANCED ENGINEERING ACOUSTICS 1,500.00 AP- 00191272 12/4/2002 ALPHAGRAPHICS 214.02 AP- 00191273 12/4/2002 AMTECH ELEVATOR SERVICES 535.00 AP- 00191273 12/4/2002 AMTECH ELEVATOR SERVICES 146.31 AP- 00191276 12/4/2002 ASSOCIATED ENGINEERS 9,240.00 AP- 00191276 12/4/2002 ASSOCIATED ENGINEERS 920.00 AP- 00191278 12/4/2002 AUDIO EDITIONS 8.58 AP 00191279 12/4/2002 AUDIO TECH BUSINESS BOOK SUMMARIES 149.00 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 246.14 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 70.05 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 56.43 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 483.86 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 227.22 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 46.34 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 90.98 AP 00191281 12/4/2002 B AND K ELECTRIC WHOLESALE 96.98 AP 00191282 12/4/2002 BABCOCKAND SONS INC, E S 105.00 AP- 00191283 12/4/2002 BARBER INC 2,000.00 AP- 00191284 12/4/2002 BARNES AND NOBLE 178.56 AP - 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00191384 12/4/2002 LACROIX, MICHELLE 53.77 AP- 00191385 12/4/2002 LAWSON PRODUCTS INC 129.82 AP-00191386 12/4/2002 LILBURNCORPORATION 792.00 User: ahunsber - Ann Hunsberger Page: 18 Current Date: 12/10/~ Report:CK_AGENDA_REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP-00191386 12/4/2002 LILBURN CORPORATION 5,720.00 AP- 00191386 12/4/2002 LILBURN CORPORATION 528.00 AP - 00191388 12/4/2002 LOS ANGELES COCA COLA BTL CO 238.58 AP- 00191389 12/4/2002 LOWER, DARLENE 251.00 AP- 00191390 12/4/2002 MANELA, ROSARIO 15.70 AP- 00191390 12/4/2002 MANELA, ROSARIO 19.95 AP- 00191390 12/4/2002 MANELA, ROSARIO 88.33 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 201.16 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT 1NC 767.66 AP- 00191391 12/4/2002 MAR1POSA HORTICULTURAL ENT INC 6,885.11 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 1,631.13 AP- 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT INC 5,074.19 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 852.88 AP- 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 10,718.70 AP - 00191391 12/4/2002 MARIPOSA HORTICUL'IURAL ENT INC 1,103.97 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT INC 4,598.59 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 497.46 AP- 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT 1NC 2,559.06 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 7,787.96 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 119.92 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT 1NC 2,796.66 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 17,718.14 AP - 00191391 12/4/2002 MARIPOSA HORTICULTURAL ENT [NC 3,357.56 AP- 00191392 12/4/2002 MARSHALL PLUMBING 166.76 AP - 00191392 12/4/2002 MARSHALL PLUMB1NG 109.74 AP- 00191393 12/4/2002 MASSACHUSETTS DEPARTMENT OF REVENUE 86.62 AP - 00191394 12/4/2002 MCMASTER CARR SUPPLY COMPANY 669.39 AP - 00191394 I2/4/2002 MCMASTER CARR SUPPLY COMPANY 89.07 AP-00191395 12/4/2002 MDS CONSULTING 1,320.00 AP- 00191395 12/4/2002 MDS CONSULTING 660.00 AP- 00191395 12/4/2002 MDS CONSULTING 20,162.50 AP- 00191395 12/4/2002 MDS CONSULTING 18,992.50 AP- 00191395 12/4/2002 MDS CONSULTING 6,350.00 AP-00191395 12/4/2002 MDS CONSULTING 9,395.00 AP- 00191395 12/4/2002 MDS CONSULTING 11,372.50 AP- 00191395 12/4/2002 MDS CONSULTING 3,445.00 AP-00191397 12/4/2002 MIDWEST TAPE 173.93 AP ~00191397 12/4/2002 MIDWEST TAPE 138.94 AP- 00191398 12/4/2002 MORITA, DUANE 8,974.00 AP - 00191400 12/4/2002 MULBERRY EARLY LEARNING 200.00 AP- 00191400 12/4/2002 MULBERRY EARLY LEARNING 100.00 AP- 00191400 12/4/2002 MULBERRY EARLY LEARNING 100.00 AP- 00191400 12/4/2002 MULBERRY EARLY LEARNING 200.00 AP - 00191401 12/4/2002 N M A DUES C/O NAOMI ROBERTS 13.85 AP- 00191402 12/4/2002 NAPA AUTO PARTS 3.44 AP- 00191402 12/4/2002 NAPA AUTO PARTS 9.68 AP- 00191402 12/4/2002 NAPAAUTO PARTS 24.36 AP- 00191402 12/4/2002 NAPA AUTO PARTS 31.61 AP- 00191402 12/4/2002 NAPA AUTO PARTS 203.51 AP- 00191402 12/4/2002 NAPAAUTO PARTS 8.50 AP- 00191402 12/4/2002 NAPA AUTO PARTS 174.32 AP ~ 00191403 12/4/2002 NATIONAL DEFERRED 24,320.32 AP - 00191404 12/4/2002 NATIONS RENT 13.47 AP- 00191405 12/4/2002 NBSGOVERNMENT FINANCE GROUP 337.65 User: ahunsber- Ann Htmsberger Page: 19 Current Date: 12/10/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 , CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191406 12/4/2002 NORRIS REPKE INC 142.50 AP- 00191407 12/4/2002 OCLC 1NC 84.23 AP- 00191409 12/4/2002 OFFICE DEPOT 154.09 AP- 00191409 12/4/2002 OFFICE DEPOT 471.15 AP- 00191409 12/4/2002 OFFICE DEPOT 135.91 AP - 00191409 12/4/2002 OFFICE DEPOT 2.04 AP- 00191409 12/4/2002 OFFICE DEPOT 4.77 AP- 00191409 12/4/2002 OFFICE DEPOT 233.87 AP - 00191409 12/4/2002 OFFICE DEPOT 151.28 AP-00191409 12/4/2002 OFFICE DEPOT 14.42 AP-00191409 12/4/2002 OFFICE DEPOT 7.21 AP- 00191409 12/4/2002 OFFICE DEPOT 80.50 AP- 00191409 12/4/2002 OFFICE DEPOT 50.41 AP- 00191409 12/4/2002 OFFICE DEPOT 24.61 AP- 00191409 12/4/2002 OFFICE DEPOT 49.48 AP- 00191409 12/4/2002 OFFICE DEPOT 2.67 AP- 00191409 12/4/2002 OFFICE DEPOT 7.28 AP- 00191409 12/4/2002 OFFICE DEPOT 13.37 AP- 00191409 I2/4/2002 OFFICE DEPOT 8.27 AP- 00191409 12/4/2002 OFFICE DEPOT 106.02 AP- 00191409 12/4/2002 OFFICE DEPOT 359.64 AP- 00191409 12/4/2002 OFFICE DEPOT 79.40 AP - 00191409 12/4/2002 OFFICE DEPOT -7.28 AP- 00191409 12/4/2002 OFFICE DEPOT 9.12 AP- 00191409 12/4/2002 OFFICE DEPOT 108.77 AP- 00191409 12/4/2002 OFFICE DEPOT 23.48 AP - 00191409 12/4/2002 OFFICE DEPOT 18.14 AP - 00191409 12/4/2002 OFFICE DEPOT 17.20 AP- 00191409 12/4/2002 OFFICE DEPOT 618.66 AP- 00191409 12/4/2002 OFFICE DEPOT 26.96 AP- 00191409 12/4/2002 OFFICE DEPOT 4.43 AP-00191409 12/4/2002 OFFICE DEPOT 19.38 AP- 00191409 12/4/2002 OFFICE DEPOT 92.58 AP- 00191409 12/4/2002 OFFICE DEPOT 5.90 AP- 00191409 12/4/2002 OFFICE DEPOT 54.35 AP- 00191409 12/4/2002 OFFICE DEPOT 35.25 AP- 00191409 12/4/2002 OFFICE DEPOT 88.79 AP- 00191409 12/4/2002 OFFICE DEPOT 66.19 AP- 00191409 12/4/2002 OFFICE DEPOT 27.06 AP- 00191409 12/4/2002 OFFICE DEPOT 443.51 AP - 00191409 12/4/2002 OFFICE DEPOT -5.90 AP- 00191409 12/4/2002 OFFICE DEPOT 369.39 AP- 00191409 12/4/2002 OFFICE DEPOT 27.59 AP- 00191409 12/4/2002 OFFICE DEPOT 175.70 AP-00191409 12/4/2002 OFFICE DEPOT 306.34 AP- 00191409 12/4/2002 OFFICE DEPOT 139.47 AP- 00191409 12/4/2002 OFFICE DEPOT 2.96 AP-00191409 12/4/2002 OFFICE DEPOT -10.99 AP-00191409 12/4/2002 OFFICE DEPOT 6.39 AP- 00191409 12/4/2002 OFFICE DEPOT 60.04 AP- 00191409 12/4/2002 OFFICE DEPOT 45.50 AP- 00191409 12/4/2002 OFFICE DEPOT 232.56 AP- 00191409 12/4/2002 OFFICE DEPOT 15.77 AP- 00191409 12/4/2002 OFFICE DEPOT 15.75 User: ahunsber - Ann Hunsberger Page: 20 Current Date: 12/10/~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 lq CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191409 12/4/2002 OFFICE DEPOT 25.09 AP- 00191410 12/4/2002 OHIO CHILD SUPPORT PAYMENT CENTRAL 77.35 AP- 00191411 12/4/2002 OTT, LAURA 72.00 AP- 00191411 12/4/2002 OTT, LAURA 63.00 AP- 00191411 12/4/2002 OTT, LAURA 216.00 AP- 00191412 12/4/2002 OTT, SHARON 70.00 AP- 00191412 12/4/2002 OTT, SHARON 70.00 AP- 00191413 12/4/2002 OWEN ELECTRIC 36.43 AP- 00191413 12/4/2002 OWEN ELECTRIC 18.45 AP- 00191413 12/4/2002 OWEN ELECTRIC 32.34 AP- 00191413 12/4/2002 OWEN ELECTRIC 83.94 AP- 00191416 12/4/2002 PAPER DIRECT INC 52.93 AP - 00191417 12/4/2002 PEP BOYS 50.07 AP 00191418 12/4/2002 PETES ROAD SERVICE 1NC 165.00 AP 00191418 12/4/2002 PETES ROAD SERVICE INC 836.11 AP 00191418 12/4/2002 PETES ROAD SERVICE INC 1,039.16 AP 00191419 12/4/2002 POMONA VALLEY KAWASAKI 374.46 AP 00191419 12/4/2002 POMONA VALLEY KAWASAKI 712.93 AP 00191420 12/4/2002 POSTMASTER 6,500.00 AP 00191421 12/4/2002 PRIMA 60.00 AP- 00191422 12/4/2002 PRINCIPAL LIFE 71,385.00 AP - 00191422 12/4/2002 PRINCIPAL LIFE 15,594.13 AP- 00191424 12/4/2002 QU1NTANA, ZITA 193.00 AP- 00191425 12/4/2002 RANCHO CUCAMONGA LIBRARY FOUNDATIOI 120.00 AP - 00191426 12/4/2002 1LAULS AUTO TRIM INC 165.00 AP - 00191426 12/4/2002 RAULS AUTO TRIM INC 248.88 AP - 00191426 12/4/2002 RAULS AUTO TRIM INC 110.00 AP- 00191427 12/4/2002 RECORDED BOOKS LLC 6.42 AP- 00191428 12/4/2002 RED WING SHOE STORE 450.00 AP- 00191428 12/4/2002 RED WING SHOE STORE 394.66 AP-00191429 12/4/2002 RE1NHARDTSEN, DEBRA 282.50 AP- 00191430 12/4/2002 REXEL CALCON ELECTRICAL SUPPLIES 68.81 AP - 00191431 12/4/2002 RGS ENGINEERING GEOLOGY 380.00 AP- 00191432 12/4/2002 ILH TECHNOLOGY 1,024.00 AP-00191432 12/4/2002 RHTECHNOLOGY 768.00 AP - 00191433 12/4/2002 RICHARDS WATSON AND GERSHON 73.07 AP- 00191434 12/4/2002 RIVERSIDE BLUEPRINT 29.09 AP - 00191435 12/4/2002 RIVERSIDE CO DEPT CHILD SUPPORT 226.00 AP- 00191436 12/4/2002 RMA GROUP 21,255.75 AP- 00191437 12/4/2002 ROYAL WHOLESALE ELECTRIC 93.54 AP - 00191438 12/4/2002 S B AND O INC 3,800.00 AP- 00191440 12/4/2002 S RCONSULTANTS 8,075.00 AP- 00191441 12/4/2002 SAFEWAY SIGN 678.83 AP - 00191443 12/4/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 220.00 AP - 00191444 12/4/2002 SAN BERN COUNTY CHILD SUPPORT PAYMEN' 289.68 AP - 00191445 12/4/2002 SAN BERN COUNTY SHERIFFS 5,191.56 AP - 00191446 12/4/2002 SAN BERN COUNTY 19,625.00 AP - 00191447 12/4/2002 SAN BERNARDINO CO FIRE DEPT 754.28 AP - 00191448 12/4/2002 SCHNEIDERWENT, KAREN 9.06 AP - 00191449 12/4/2002 SCHOLASTIC LIBRARY PUBLISHING 218.62 AP- 00191450 12/4/2002 SENCHAL, CAL 75.00 AP - 00191450 12/4/2002 SENCHAL, CAL 178.50 AP- 00191450 12/4/2002 SENCHAL, CAL 84.00 AP - 00191451 12/4/2002 SHEA INFORMATION SYSTEMS DEVELOPMENq 709.90 User: ahunsber - Ann Hunsberger Page: 21 Current Date: 12/10/5 Report:CK AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 22.99 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.51 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 13.20 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 36.49 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 13.08 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 71.25 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 19.97 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.67 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 13.36 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 125.36 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 5,238.58 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 189.18 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 180.88 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 158.17 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 146.78 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 16.82 AP 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 190.70 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 157.58 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 158.80 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 19.97 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.77 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.64 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.76 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 13.94 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.63 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.49 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 15.18 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 62.54 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 28.42 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 7.96 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 174.41 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.64 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.10 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.78 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 88.56 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 13.39 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 237.65 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 58.95 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 198.43 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 178.91 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 148.96 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 210.51 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 117.96 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 12.66 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 72.81 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 714.42 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 790.34 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 563.42 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 180.01 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 488.25 User: ahunsber - Ann Hunsberger Page: 22 Current Date: 12/10/2 Report:CK_AGENDA_ILEG_PORTKAIT_RC - CK: Agenda Check Register Porlxait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 1 l/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 142.13 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 95.15 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 111.56 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 143.37 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 124.37 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 126.82 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.31 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.26 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 86.34 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 113.90 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 53.89 AP- 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.39 AP - 00191453 12/4/2002 SOUTHERN CALIFORNIA EDISON 14.38 AP- 00191454 12/4/2002 SPECTRA COMPANY 1,733.00 AP - 00191454 12/4/2002 SPECTRA COMPANY 954.00 AP - 00191455 12/4/2002 SPECTRA CONTRACT FLOORING SERVICES 492.00 AP- 00191456 12/4/2002 STANDARD INSURANCE COMPANY 331.11 AP - 00191457 12/4/2002 STEELWORKERS OLDTIMERS FOUNDATION 1,236.40 AP 00191459 12/4/2002 STERICYCLE INC 96.98 AP 00191459 12/4/2002 STERICYCLE INC 12.64 AP 00191459 12/4/2002 STERICYCLE INC 96.98 AP 00191459 12/4/2002 STERICYCLE INC 591.16 AP 00191459 12/4/2002 STERICYCLE INC 392.00 AP 00191460 12/4/2002 STOFA, JOSEPH 25.00 AP 00191461 I2/4/2002 STOVER SEED COMPANY 138.34 AP 00191462 12/4/2002 SURE SHRED DOCUMENT DESTRUCTION 20.00 AP- 00191463 12/4/2002 TERMINIX INTERNATIONAL 67.00 AP- 00191463 12/4/2002 TERMINIX INTERNATIONAL 56.00 AP - 00191464 12/4/2002 TETRA TECH ASL INC 17,826.00 AP- 00191465 12/4/2002 TOBIN, RENEE 9.77 AP- 00191466 12/4/2002 TRUGREEN LANDCARE REGIONAL 23,849.00 AP - 00191467 12/4/2002 UMPS ARE US ASSOCIATION 240.00 AP - 00191467 12/4/2002 UMPS ARE US ASSOCIATION 240.00 AP - 00191467 12/4/2002 UMPS ARE US ASSOCIATION 2,829.00 AP - 00191468 12/4/2002 UNDERGROUND SVC ALERT OF SO CAL 287.50 AP- 00191470 12/4/2002 UNIQUE MANAGEMENT SERVICES INC 422.12 AP- 00191471 12/4/2002 UNITED PARCEL SERVICE 19.26 AP- 00191472 12/4/2002 UNITED WAY 623.32 AP- 00191473 12/4/2002 UP TIME MECHANICAL 778.14 AP- 00191474 12/4/2002 US GUARDS CO INC 6,187.01 AP- 00191474 12/4/2002 US GUARDS CO INC 5,847.76 AP - 00191474 12/4/2002 US GUARDS CO ]NC 2,231.00 AP- 00191475 12/4/2002 USPS/PITNEY BOWES 13,500.00 AP- 00191479 12/4/2002 VERIZON 29.55 AP- 00191479 12/4/2002 VERIZON 209.34 AP-00191479 12/4/2002 VERIZON 28.78 AP - 00191479 12/4/2002 VERIZON 84.31 AP- 00191479 12/4/2002 VERIZON 31.78 AP- 00191479 12/4/2002 VERIZON 90.85 AP- 00191479 12/4/2002 VERIZON 90.85 AP- 00191479 12/4/2002 VERIZON 92.68 AP- 00191479 12/4/2002 VERIZON 42.65 AP - 00191479 12/4/2002 VERIZON 317.23 AP-00191479 12/4/2002 VERIZON 28.12 User: ahunsber - Ann Hunsberger Page: 23 Current Date: 12/10/~ Report:CK~AGENDA_REGPORTRAIT_RC - CK: Agenda Check Register Port~ait Layout Time: 13:1 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 Lhrough 12/10/2002 Check No. Check Date Vendor Name Amount AP-00191479 12/4/2002 VERIZON 425.06 AP-00191479 12/4/2002 VERIZON 29.82 AP- 00191479 12/4/2002 VERIZON 29.28 AP-00191479 12/4/2002 VERIZON 50.75 AP- 00191479 12/4/2002 VERIZON 27.70 AP- 00191479 12/4/2002 VERIZON 35.78 AP-00191479 12/4/2002 VERIZON 27.06 AP- 00191479 12/4/2002 VERIZON 29.12 AP- 00191479 12/4/2002 VERIZON 388.71 AP-00191479 12/4/2002 VERIZON 394.10 AP- 00191479 12/4/2002 VERIZON 28.11 AP- 00191479 12/4/2002 VERIZON 90.87 AP- 00191479 12/4/2002 VERIZON 92.68 AP-00191479 12/4/2002 VERIZON 90.85 AP-00191479 12/4/2002 VERIZON 34.49 AP- 00191479 12/4/2002 VERIZON 65.39 AP- 00191479 12/4/2002 VERIZON 87.30 AP-00191479 12/4/2002 VERIZON 29.17 AP- 00191479 12/4/2002 VERIZON 27.06 AP-00191479 12/4/2002 VERIZON 55.96 AP-00191479 12/4/2002 VERIZON 47.96 AP 00191479 12/4/2002 VERIZON 47.96 AP 00191479 12/4/2002 VERIZON 465.92 AP 00191479 12/4/2002 VERIZON 465.92 AP 00191479 12/4/2002 VERIZON 581.50 AP 00191479 12/4/2002 VERIZON 77.75 AP 00191479 12/4/2002 VERIZON 42.73 AP 00191479 12/4/2002 VERIZON 92.68 AP 00191479 12/4/2002 VERIZON 28.11 AP 00191480 12/4/2002 VERIZON 43.43 AP 00191480 12/4/2002 VERIZON 5.15 AP 00191480 12/4/2002 VERIZON 3.95 AP- 00191480 12/4/2002 VERIZON 42.62 AP- 00191480 12/4/2002 VERIZON 7.75 AP- 00191480 12/4/2002 VERIZON 10.88 AP-00191480 12/4/2002 VERIZON 7.98 AP- 00191480 12/4/2002 VERIZON 15.67 AP- 00191480 12/4/2002 VERIZON 61.16 AP-00191480 12/4/2002 VERIZON 13.86 AP-00191480 12/4/2002 VERIZON 34.59 AP- 00191480 12/4/2002 VERIZON 53.16 AP-00191480 12/4/2002 VERIZON 15.66 AP-00191480 12/4/2002 VERIZON 134.53 AP - 00191480 12/4/2002 VERIZON 0.31 AP- 00191480 12/4/2002 VERIZON 16.64 AP- 00191480 12/4/2002 VERIZON 71.74 AP- 00191480 12/4/2002 VERIZON 95.13 AP- 00191480 12/4/2002 VERIZON 56.31 AP- 00191480 12/4/2002 VERIZON 152.35 AP-00191480 12/4/2002 VERIZON 32.77 AP- 00191480 12/4/2002 VERIZON 151.08 AP- 00191480 12/4/2002 VERIZON 3,772.70 AP- 00191480 12/4/2002 VERIZON 43.43 AP- 00191480 12/4/2002 VERIZON 21.66 User: ahunsber- Ann Hunsberger Page: 24 Current Date: 12/10/~ Report:CK_AGENDA KEG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 13:1 .2,3 CITY OF RANCHO CUCAMONGA Agenda Check Register 11/26/2002 through 12/10/2002 Check No. Check Date Vendor Name Amount AP - 00191480 12/4/2002 VERIZON 3.98 AP- 00191480 12/4/2002 VERIZON 227.16 AP- 00191481 12/4/2002 VILLAGOMEZ, CHARLEI 31.39 AP- 00191481 12/4/2002 VILLAGOMEZ, CHARLEI 28.47 AP- 00191482 12/4/2002 VISION SERVICE PLAN CA 7,121.70 AP- 00191483 12/4/2002 VOLM, LIZA 112.50 AP- 00191484 12/4/2002 WALTERS WHOLESALE ELECTRIC CO 388.08 AP - 00191484 12/4/2002 WALTERS WHOLESALE ELECTRIC CO 37.80 AP - 00191484 12/4/2002 WALTERS WHOLESALE ELECTRIC CO 714.84 AP- 00191485 12/4/2002 WARREN AND CO, CARL 1,000.00 AP- 00191486 12/4/2002 WAXIE 65.91 AP- 00191486 12/4/2002 WAXIE 539.99 AP- 00191486 12/4/2002 WAXIE 669.94 AP- 00191486 12/4/2002 WAXIE 99.56 AP- 00191486 12/4/2002 WAXIE 534.47 AP- 00191486 12/4/2002 WAXIE 38.57 AP- 00191486 12/4/2002 WAXIE 627.50 AP- 00191486 12/4/2002 WAXIE 90.71 AP- 00191488 12/4/2002 WEST COAST NETTING 359.22 AP- 00191489 12/4/2002 WEST GROUP 120.68 AP-00191490 12/4/2002 WHITE CAP 56.29 AP- 00191491 12/4/2002 WIMBERLY, RAVENEL 57.21 AP- 00191492 12/4/2002 WORLD BOOK DIRECT MARKETING 24.90 AP- 00191493 12/4/2002 WORMDAHL, AMY 100.00 AP- 00191494 12/4/2002 XEROX CORPORATION 929.35 AP- 00191495 12/4/2002 YAMAHA OF CUCAMONGA 1,338.03 AP - 00191496 12/5/2002 MASSACHUSETTS DEPARTMENT OF REVENUE 86.62 AP - 00191497 12/5/2002 PRIMA 60.00 AP- 00191498 12/5/2002 VIGILANCE, TERILENCE 600.00 AP- 00191499 12/9/2002 ALLEN, SYLVESTERR 222.02 AP- 00191500 12/10/2002 US POSTMASTER 500.00 Total for Check ID AP: 1,716,414.21 Total for Entity: 1,716,414.21 User: ahunsber - Ann Hunsberger Page: 25 Current Date: 12/10/5 Report:CK_AGENDA REG PORTRAIT RC - CK: Agenda Check Register Portrait Layout Time: 13:1 City of Rancho Cucamonga City of Rancho Cucamonga Portfolio Management Portfolio Summary November 30, 2002 Par Market Book % o1 Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Local Agency Investment FuNs 21,250,944.32 21,280,944.32 21,280,94~.32 14.75 I I 2,269 2 301 Certificates of Deposit/Neg. * Bank 1,515,000.00 1,517,632.01 1,515,000.00 1.05 365 269 1,720 1,744 Commercial Paper - Discount 11,000,000.00 11,000,000.00 10,985,699.17 7.62 37 26 1,275 1.293 Federal Agency Issues - Coupon 106,000,000,00 107,210,325.03 105,960,556.25 73.47 1,592 1,245 4.574 4.637 Federal Agency Issues * Discount 4,500.C00 00 4,496,399.92 4,488,243.75 3.11 57 25 1.654 1.677 Investments 144,295,944.32 145,505,301.28 144,230,443.49 100.00% 1,178 920 3.862 3.915 Cash PassbookJChecking 170,696.52 170,696.52 170,696.52 I I 0.493 0.500 (not included in yield calculations) Total Cash and Investments 144,466,640.84 145,675,997.80 144,401,140.01 1,178 920 3.862 3.915 Total Earnings November 30 Month Ending Fiscal Year To Date Current Year 464,110.08 2,510,567.69 Average Dally Balance 146,907,113.68 149,534,599.29 Effective Rate of Return 3.84% 4.01% I certify that this report accurately reflects all City pooled invesiments and is in comforrnity with the investment policy adopted November 21, 2001. A copy of the investment policy is available in the Administrative Services Department. The Investment Program herein shown provides sufficient cash flow liquidity to meet the next six months estimated expenditures. The month-end market values were obtained from (IDC)-Interactive Data Corporation pricing service. The attached Summary of Cash and Investments with Fiscal Agents as of the prior month's end is provided under the City official Investment Policy. The provisions of the individual bond dccuments govem the management of these funds. Portfolio CITY CP Run Date: 1Z/11/2002 - 16:31 PM (PRF_PM1) SymRept V6.21 Repod Var. 5.00 City of Rancho Cucamonga Portfolio Management Page 2 Portfolio Details - Investments November 30, 2002 Average Purchase Stated YTM Daysto Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity Date Local Agency Investment Funds SYS00(X}5 00005 LOCAL AGENCY INVST FUND 21,280,944.32 21,280,944.32 21,280,944.32 2.301 2.269 1 Subtotal and A~erage 34,597,610.99 21,280,944.32 21,280,944.32 21,280,944.32 2.269 1 Certificates of Deposit/Neg. - Bank 06050EM~5 1145 SANK OF AMERrCA 08/27/2002 1,515,000.00 1,517,632.01 1,515,000.00 1.720 1.720 269 08/27/2003 Subtotal and Average 1,515,000.00 1,515,0(O.00 1,517,632.01 1,515,000.00 1.720 269 Commercial Paper - Discount 8923E3MJ9 1164 TOYOTA MOTOR CREDIT CORP. 11/20/2002 6,000,000.00 6,000,000.00 5,994,120.00 1.260 1.261 17 12/18/2002 8923E3N66 1165 TOYOTA MOTOR CREDIT COR P. 11/20/2002 5,000,000.00 5,000,000.00 4,991,579.17 1.290 1.292 36 01/06/2(X)3 Subtotel and Average 12~51,337~3 11,000,000.00 11,000,000.00 10,985,699.17 1.275 26 Federal Agency Issues - Coupon 3133MTDE5 1155 FEDERAL FARM CREDIT BANK 10/28/2002 1,5Q0,000.00 1,50~,093.75 1 ,~O0,000.00 3300 3.255 1,002 10/28/2005 31331RMAO 01004 FEDERAL FARM CREDIT SANK 01/06/1998 2,000,000.00 2,009,141.85 2,000,000.00 6.220 6.135 36 01/06/2003 31331H6E2 1075 FEDERAL FARM CREDIT SANK 01/24/2001 2,000,000.00 2,013,750.00 2,000,000.00 5.730 5.652 785 01/24/2005 31331LM88 1127 FEDERAL FARM CREDIT BANK 0.5/07/2002 2,000,000.00 2,0~8,750.00 2,000,000.00 6.200 5.129 1,618 05/07/2007 31331LU30 1131 FEDERAL FARM CREDIT RANK 06/11/2002 2,000,000.00 2,001,875.00 1,998,000.00 5.180 5.132 1,653 06/11/2007 31331QAH0 1146 FEDERAL FARM CREDIT BANK 09/04/2002 5,000,000.00 5,032,812.50 5,000,000.00 4.450 4.389 1,73~ 09/04/2007 31331GFG7 1154 FEDERAL FARM CREDIT BANK 10/24/2002 3,000,000.00 3,005,625.00 3,000,000.00 3.5rco 3.512 1,331 07/24/2006 31331QHL4 1160 FEDERAL FARM CREDIT BANK 11~6/2002 8,000.000.00 8,020,000.00 7,990,400.00 3.550 3.537 1,313 07/06/2006 31331QHR1 1161 FEDERAL FARM CREDIT BANK 11/07/2002 2,500.000.00 2,501,562.50 2,500,000.00 3.450 3.403 1,437 11/07/2006 31331QJV0 1170 FEDERAL FARM CREDIT BANK 11/27/2002 2,000,000.00 1,995,625.00 2,000,(X)O.00 3.250 3.206 1,366 0~28/2006 3133M2US4 01003 FEDERAL HOME LOAN RANK 01K~c/1998 1,000,000.00 1,004,687.50 1,000,000.00 6.230 6.145 36 01/0~2003 3133M6NE4 01035 FEDERAL HOME LOAN SANK 12~/1998 2,000,000.(X) 2,077,500.00 2,000,000.00 5.530 5.454 372 12/08/2003 3133M75D4 01038 FEDERAL HOME LOAN SANK 01/21/1999 1,000,000.00 1,041,250.00 1.000,000.00 5.510 5.435 416 01/21/2004 3133M94J8 01050 FEDERAL HOME LOAN BANK 06/17/1999 3,000,000.00 3,178,125.00 2,984,531.25 6.230 6.265 564 06/17/2004 3133MCX34 1076 FEDERAL HOME LOAN SANK 01/24/2001 3,000,000.00 3,020,625.00 2,997,187.50 5.760 5.707 785 01/24/2005 3133MFBP2 1103 FEDERAL HOME LOAN SANK 05/30/2001 2,000,000.00 2,040,625.00 1.999,062.50 5.800 5.731 1,276 05/30/2006 3133MFTE2 1105 FEDERAL HOME LOAN SANK 06/06/2001 2,000,000.00 2,041,250.00 2,000,000.00 5.750 5.671 1,283 3133MPPH3 1136 FEDERAL HOME LOAN BANK 07/10/2002 4,000,000.00 4,012,500.00 4,000,000.00 4.500 4.438 1,317 07/10/2006 3133MRVG4 1150 FEDERAL HOME LOAN BANK 09/27/2002 2,000,000.00 2,002,500.00 2,000,000.00 3.655 3.605 1,212 03/27/2006 3133MSE97 1152 FEDERAL HOME LOAN BANK 10/'24/2002 1,000,000.00 1,002,187.50 1,000,000.00 3.575 3.526 1,240 04~4/2006 3133MTCW6 1162 FEDERAL HOME LOAN BANK 11/15/2002 2,000,000.00 2,013,125.00 2,000,000.00 3.670 3.621 1,353 0~15/2006 312923MQ5 1 001 FEDERAL HOME LOAN MORTG. CORP. 03/20/2001 11~,~=~ 1,010,460.97 1,000,000.00 5.625 5.548 1,205 0~/20/2006 312923SM8 1086 FEDERAL HOME LOAN MORTG. CORP. 04/10/2001 4,000,000.00 4,049,163.82 4,000,000.00 5.510 5.435 1,226 04/10/2006 ~ Portfolio CITY Run Date: 12/11/2002 - 16:31 PM (PRF_PM2} Sy~Re~t V6.21 City of Rancho Cucamonga Portfolio Management Page 3 Portfolio Details - Investments November 30, 2002 Average Purchase Stated YTM Daysto Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rata Moody's 360 Mbturlty Date Federal Agency Issues - Coupon 3129242D4 1119 FEDERAL HOME LOAN MORTG. CORP. 02/60/20~2 3,000,000.00 3,014,594.88 3,000,000.00 4.750 4.685 1,163 02/06/2006 312925GT1 1122 FEDERAL HOME LOAN MORTG. CORP. 04/18/2002 3,000,000.00 3,032,612.92 3,000,000.00 5.020 4.951 1,052 10/18/2005 3128XOGW3 1166 FEDERAL HOME LOAN MORTG. CORP. 11/21/2002 4,000,000.00 4,013,327.64 4.000,000.00 4.150 4.093 1,616 11/21/2007 3128XOJR1 1167 FEDERAL HOME LOAN MORTG. CORP. 11/26/2002 3,000,000.00 3,012,686.92 3,000,000.00 4.250 4.192 1,821 11/26/2007 3128XOMH9 1169 FEDERAL HOME LOAN MORTG. CORP. 11/27/2002 7,000,000.00 6,991,515.96 7,000,000.00 3.450 3.403 1,457 11/27/2006 31364FG96 01018 FEDERAL NATL MTG ASSN 05/19/1998 2,000,000.00 2,044,163.82 2,000,000.00 6.125 6.041 169 05/19/2003 3136FOAL6 1085 FEDERAL NATL MTG ASSN 04/04/'2001 4,000,000.00 4,162,5(X).00 3,994,375.00 5.300 5.259 1,214 03/29/2006 3136FOEW8 1092 FEDERAL NATL MTG ASSN 04/24/2001 3,000,000.00 3,041,250.00 2,997,0CO.00 5.510 5.457 1,233 04/17/2006 3136FOLU4 1101 FEDERAL NATL MTG ASSN 05~4/2001 2,000,000.00 2,105,000.00 2.000,000,00 5,710 5~632 1,270 05/24/2006 3136FIFF2 1118 , FEDERAL NATL MTG ASSN 01/23/2002 2,000,000.00 2,00~,750.00 2,000,000.00 5.000 4.932 1,149 01/23/2006 3136F1XU9 1123 FEDERAL NATL MTG ASSN 04/24/2002 4,000,000.00 4,048,750.00 4,000,000.00 5.000 4.932 1,058 10/24/2005 3136FIYT1 1125 FEDERAL NATL MTG ASSN 04/25/2002 2,CO0,000.00 2,025,625.00 2,000,000.00 5.000 4.932 1,241 04/25/2006 3136F2RL4 1163 FEDERAL NATL MTG ASSN 11/19/2002 4,000,000.00 4,026,250.{X3 4,000,000.00 4.200 4.142 1,814 11/19/2007 3136F2UM8 1168 FEDERAL NATL MTG ASSN 11/27/2002 5,000,000.00 5,014,062.50 5,000,000.00 3.550 3.501 1,457 11/27/2006 Subtotal and Average 89,428,822.92 106,0(X),000.00 107,210,325.03 105,960,556.25 4.574 1~45 Federal Agency Issues - Discount 313385u61 1158 FEDERAL HOME LOAN BANK 10/30/2002 4,500,000.00 4,496,399.92 4,488,243.75 1.650 1.654 25 12/26/2002 Subtotal and Average 8,083,979.75 4,500,000.00 4,496~99.92 4,488,243.75 1.654 25 Total and Average 146,907,113.68 144,295,944.32 145,5~5,301.28 144,230,443.49 3.862 920 Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Page 4 Portfolio Details - Cash November 30, 2002 Average Purchase Stated YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity Savings/Miscellaneous Accounts SYSO0180 00180 BANK OF AMERICA 170,696.52 170,696.52 170,696.52 0.500 0.493 1 Average Balance 0.00 1 Totel Cash and Investmentss 146,907,113.68 144,466,640.84 145,675,997.80 144,401,140.01 3,862 920 Portfolio CITY CP Run Date: 12/11 ~2CO2 - 16:31 PM (PRF_PM2) SymRept V6.21 City of Rancho Cucamonga Portfolio Management Pag, 5 Activity By Type November 1,2002 through November 30, 2002 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment ii Issuer Balance Rata Date or Deposits or Withdrawals Balance Local Agency Investment Funds (Monthly Summary) SYS00005 00005 LOCAL AGENCY INVST FUND 2.301 9,400,C(X).00 26,700,000.00 Subtotal 38,580,944.32 9,400,000.00 26,700,000.00 21,280,944.32 Savings/Miscellaneous Accounts (Monthly Summary) SYS00180 00180 BANK OF AMERICA 0.500 0.00 268,620.1S Subtotal 439,316.70 0.00 268,620.18 170,696.52 Certificates of DepositlNeg. - Bank Subtotal 1,515,0(]0.00 1,515,000.00 Commercial Paper - Discount 19122BLM8 1156 COCA-COLA ENTERPRISES 1.730 11/21/2002 0.00 4,994,47361 45974NLT1 1157 INTERNATIONAL LEASE FINANCE CO 1.750 11/27/2002 0.00 4,992,951.39 Federal Agency Issues - Coupon ~ Porlfolio CITY '~ cP Run Date: 1~'11 ~'2002 - 16:31 PM (PRF_PM3) S~nRept v6.21 City of Rancho Cucamonga Portfolio Management Page 6 Activity By Type November 1,2002 through November 30, 2002 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment # Issuer Balance Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Discount 313385P61 1153 FEDERAL HOME LOAN BANK 1.640 11/19/2002 0.00 5,992,893.33 Subtotal 10,481,137.08 0.00 5,992,893.33 4,488~43.75 Total 146,473,979.35 62,874,845.00 64,947,684.34 144,401,140.01  Portfolio CITY CP Run O~te: 12/11/20~2 - 16:31 PM (PRF_PM3) SymRept V6.21 City of Rancho Cucamonga Summary of Cash and Investments with Fiscal Agents For the Month Ended October 31, 2002 Trustee and/or Purchase Maturity Cost Bond Issue Pavina Aaent Account Name Investment Date Date Yield Value Assessn~nt Oistdct No 93-1 US Bank Imprvmnt Fund First American Treasury Obligation 8/4/1997 N/A* 1.29% $ 257,311.78 Masi Plaza Imprvmnt Fund Cash N/A N/A N/A Reserve Fund First Amedcan Treasury Obligation 8/4/1997 N/A* 1.29% 243,289.61 Reserve Fund Cash N/A N/A N/A Redemp. Fund First Arnerican Treasury Obligation 8/4/1997 N/A 1.29% 930.25 Redemp. Fund Cash N/A N/A N/A $ 501,531.64 PFA RFDG Rev Bonds series US Bank Expense Fund First American Treasury Obligation 7/1/1999 N/A* 1.29% $ 0.04 Cash N/A N/A N/A 1999 A (Sr) & i999 B (Subord) Sub Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.29% 581,727.80 Cash N/A N/A N/A Sr. Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.29% 1,092,846.16 Cash N/A N/A N/A Redemption Fund First American Treasury Obligation 7/111999 N/A* 1.29% 294.88 Cash N/A N/A N/A Revenue Fund First American Treasury Obligation 3~2~2000 N/A* 1.29% Cash N/A N/A N/A Residual Fund First American Treasury Obligation 1/16/2001 N/A* 1.29% 126,351 Cash N/A . N/A N/A $ 1,801,220.36 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $ 2,302,752.00 * Note: These investments are money man, et accounts which have no stated maturity date as they may be liquidated upon demand. i:~finance[Cash with Fiscal Agents. xls 11/13/2002 7:57 AM TH E C I T Y 0 F [~AN C H 0 C tJ CAH O N GA Staff Report TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kimbedy S. Thomas, Management Analyst II DATE: December 18, 2002 SUBJECT: Consideration of a Professional Service Agreement for the Rancho Cucamonga Reporter Quarterly Newsletter RECOMMENDATION: It is recommended that the City Council amend a single source Professional Services Agreement (CO 01-099) between the City and Geographics design and communications firm in an amount not to exceed $30,000. The agreement will be for the professional services to design, develop the content, and print the quarterly newsletters for the Spring and Summer 2003 editions of the Rancho Cucamonga Reporter, which will be inserted in The Grapevine. The Rancho Cucamonga Reporter newsletter will be printed using the current Grapevine publisher. The Rancho Cucarnonga Reporter newsletter will be funded from the Non-departmental General Overhead City Account #1001001-5300. ANALYSIS: As the City would like to add value to its widely read quarterly publication, The Grapevine, the creation of a more focused quarterly newsletter was undertaken as an integral part of our Community Information Program. The pilot edition of the newsletter was published for Spring 2002, covering stories of core interest to the community, as well as useful City information for our residents. Since that time, the City has worked to establish the Rancho Cucamonga Reporter as a key information source for our community. The quarterly newsletter has become an integral part of the City's effort to inform and educate our residents through our Community Information Program. Staff continues to recommend Geographics to undertake the next editions of the newsletter, due to past successful use of this communications firm for the pilot edition and similar publications, such as the City's Annual Report, Silver Anniversary Narrative (a special edition of the Rancho Cucamonga Reporter), as well as other communications materials. Geographics has had experience in developing similar types of community information documents for a number of public agencies including the cities of Chino, Colton, Covina, Fontana, Fullerton, Glendale, Hesperia, Huntington Beach, Indio, Montclair, Moreno Valley, Norco, Riverside, and West Covina; as well as the County of San Bernardino. The cost of the next two editions for the balance of this Fiscal Year (Spring and Summer 2003) is approximately $26,152 and includes design and coordination of copy writing, photography, layout, up to two rounds of revisions, prepress preparation, and insert printing of 52,500 copies per quarterly edition. City staff will provide all project oversight; theme and topic outlines; make the information available as required; review and edit the copy. The recommended process and costs of the design services are similar to those used to produce the previous editions of the Rancho Cucamonga Reporter and the FY 2000- 2001 Annual Report. Respectfully submitted, Management Analyst II City Manager's Office -2- R a N C H O C U C A M O N G a F. NGINI~EI~ING D~ PflI~TFI ENT DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Walt Stickney, Associate Engineer ~ Richard Oaxaca, Engineering Technician-'~ SUBJECT: REJECT ALL BIDS RECEIVED FOR THE FOOTHILL BOULEVARD FIBER OPTIC CONDUIT AND MEDIAN ELECTRICAL SYSTEM PROJECT AS NON-RESPONSIVE TO THE NEEDS OF THE CITY RECOMMENDATION: It is recommended that the City Council reject all bids received for the Foothill Boulevard Fiber Opti.c Conduit and Median Electrical System Project as non-responsive to the needs of the City. BACKGROU ND/ANALYSIS: Per previous Council action, bids were solicited, received and opened on December 3, 2002, for the subject project. The Engineer's Estimate was $1,219,054.00. All bids received significantly exceeded the Engineer's Estimate. Staff believes the high bids were due to various restrictions placed on the contractor by Caltrans. In a few months staff will again request permission to advertise this project, once the State has relinquished Foothill Boulevard to the City. William J. O'Neil City Engineer WJO:WS/RO Attachment BID SUMMARY FOR BID OPENING DECEMBER 3, 2002 APPARENT LOU'BIDDER FOOTHILL BOULEVARD FIBER OPTIC CONDUIT EN~INEEes COST AND MEDIAN ELECTRICAL SYSTEM PROJECT ESTIMATE Golden S lite Utilil~ Co. UNIT i BID UNIT BID CORRECTED NC QTY UNIT DESCRIPTION COST t AMOUNT COST AMOUNT AMOUNT 1, 1 LS ~Clearing & Grubbing 52o.oo~.oo{ s2o,oo0.cc ss.ooo.oo 55.ooo.oo $5.o0o.o~ 2. 325 CM Class 2 ,N3f3re~late Base (Trench Repair) $6o.ool slg,soo.oc s~2s.so 541.~2.5o 54~.~ 3. 520 TONNE Asphalt Concrete Pavement {'Trench Repair) $~.o0i $3~.2oo.o( s~29.so: $67,496.o0 4. 1510 TONNE Asphast Concrete Overiay $so.oo~ 575,5oo.0( ssl.6~ s123,.291.5o. 5. 92{3 TONNE Open graded Asphalt Concrete 545.o0i sd~,4oo.c< s53.95 . .$77.2~4.o0 6. 1964(3 SM Cold Plane Existing Pavement $1.5o~ $29.46o.oo s~.54 s36.1~7.~ 7. 330{~ M Trenching and Fiber Optic Conduit $ao.oo! $~32,ooo.oo slos.o01 $346.so0.o0 8. 12 EA Fiber Optic Vault- 1.2m X 1.2m ss.oeo.e01 s6o.ooe.o0 sa.oeo.e01 $~6.o0o.o0 $36.o00.o( 9. 900~ M Edison Conduit - Joint Trench 525.o0i $22.500.00 $39.35~ $35.415,00 $35.415.0( 10. 300 M Edison Conduit - Separate Trench 53o.o0! 59.oo0.oo $~s.so, 529.55o.o0~ 11. 2 EA Edison Transformer Pad 54oo.ooi $soo.oo $2.500.00 $5.,,~o.o0 . $5.o0o.0( 12. 1710 CM Slun~ Cement Backfill $so.o0i $ss.soo.oo sl~2.so $~92.375.o0 13. I LS Median Electrical System - Location I s~,~o.o0! s~.s~o.o s~(3.1oo.o0 $~o. mo.o0' $1o.~o0.o0 14. 1 LS Median Electrical System - Location 2 ;36.~o.ooi 536.93o.o0 529.915.oo. $29.915.oo 15, 1 LS Median Electrical System - Location 3 s~o.32o.o0! slo.~2o.oo s~$.oso.o0 $15.oso oo; $1~.oso.o0 16. I LS Median Electrical System - Location 4 $~l,uo.oo~ s~l,slo.oo $1s.s~o,o0 s~5.s~o.oo: 17.~ I LS Median Electrical System - Location 5 s~2.~o.o0~ s~.s~o.o~ $16.35o.oo' $16.35oo0 18.: I LS Median Electrical System - Location 6 $37,450.00i S37.450.0~ $27.225.00 $27.225.00' $27.225.00 19. 1 LS Median Electrical System - Location 7 $40,760.o0i S40.760.C( $33.23Q.OO $33.230.co' $33.230.00 20. I LS Median Electrical System - Location 8 $29,sso.o01 s29.sso.oc $2~.6.~.o0 s~_~.625.00. 21. 1 LS Median Electrical System - Location 9 $29.=10.o0! $29.210.Q( S24.730.00 $24.7~0.00: $24,730.0(3 22. LS Median Electrical System - Location 10 $32.670.00: $32.670.0( $26.]95.00 $2b.1':; 00~ S26,)95.0(3 23. 1 LS Median Electrical System - Location 11 s21.1so.oo s=~.lso.c< s]~.1]o.oo s]9.1to.oo, 24. LS Median Electrical System - Location 12 s12.63o.o0! ' $12,63o.oo $~37_75.o0 s]3,275.o0~ 25. 11 LS Median Electrical System - Location 13 $9.524.oo! $9,$24.0o s..soo.oo $1t.soo.o0; 26. 104 EA Replace inductive Loop .- s3oo.oo1 $31,2oo.oo $3oo.o0~ $31.2oo.o0~ $3L2oo.oc 27. I LS Protect/Restore/Maint. Exist. Med. Ldscp & Imp. $1o.oo0.oo! $1o.oo0.oo sl?~.o0o.o0 s~75,~,~,~.o0 28. 1 LS PmtectJRestora/Maintain Exist. Med. In'. Sytms. $1o,o0o.o0i $~o.oo0.oo $115.ooo.o0 $~15,oo0.o0; $H5,oo0.o0 29. 1 LS Protect/Restore/Maintain Exist. Concrete Pavers s~o,ooo.ooi $1o.oee.o0 s~o,0oo.oo' sro.oeo.e0; $~o.o0o.o0 30. 1 LS Traffic Stri'ping and Signing $4o.o0o.ooi $4o.oo0.o0 sn.~oo.oo; $12.5o0.o0! 31, 1 LS Traffic Control 55o,oo0.o01 s5o,ooo.oo s4~,oo0.oo: $4~.oo0.,o $4~.ooo.o0 1, I LS Cleating & Grubbing $~,~oo.ool $io.oo0.o~ ~ 2, 160 CY Class 2 A~eregate Base (Trench Repair) $5o.eel $s.oo0.oe s~]~.o0': s~s,4o0.o0! 3.I 230 TON Asphalt Concrete Pavement (Trench Repair) $ss.ooJ $t~.65o.~ sns.o0[ $=?.14o.o0[ 4. 500 TON Asphast Concrete Overlay s4s.ool s22,soo.oc s~as.oo! 569.o0o.o0i 569.o0o.~ 5. 999(1 SY Cold Plane Existin~l Pavement s~.o0l $9,~9o.or $~.211 $22,o57.~2! 6. 270C LF Trenching and Conduit s~4.o0] $37,8oo.0( s~2.oo! $66.4oo.oo! 7. 4 EA Fiber Optic Vault- 1.2m X 1.2m $5.oo0.o01 $2o,o0o.0( $~.ooo.ooi sl2.o0o.oo~ $~2,oo0.0c 8. 76C CY Slurry Cement Backfill $5o.ool s~s.ooo.0( $s6.oli $65.a67~6o! 9. 51 EA Replaco inductive Loop s~oo.o01 s~s,aoo.oo $~0o.0o; $~5.3o0.o01 10. LS Traffic Striping and Si~ning 54o.ooo.ooi 54o,ooo,oo ss,oeo.e0! $5.oo0.o01 55.oo0.oo 11. 1 - LS Traffic Control $~o,oco.ool $3o.o0o.o0 $s,oo0.o0i $5.o0o.o0i ss.oeo.e0 TOTAL SASE BID & ALTERNATE SCHEDULES $1.219.054.00 $1,974.002.12~ $11974,0JILL1 ~ Pat=e 1 BID SUMMARY FOR BID OPENING DECEMBER 3, 2002 FOOTHILL BOULEVARD FIBER OPTIC CONDUIT A_ND MEDIAN ELECTRICAL SYSTEM PROJECT Sim J Communications, Inc. Herman Weia~ker, Inc. I NC (~TY UNIT DESCRIPTION COST , AMOUNT I AMOUNT COST AMOUNT 1. 1 LS ,Clearing & Grubbing ST.SOo.oo! $7.500.00! S7.$00.0(3 $70,076.001 $70.076.0( 2. 325 CM IClaaa 2 A~l~lre~ate Base (Trench Repair} 562.z61 $2o.~ss.oo[ s2o.:2o:.oc 53z9o: 5~o,69:2.s( 3. 52~ TONNE ~sphalt Concrete Pavement (Trench Repair) $7zoo! $37,440.00i $37.440.0( $190.59i 599.106.8( 4. 151(~ TONNE /~,sphaat Concrete Overlay 57Loo! 5mT.:m.~o1 $~o77-~o.0( . '5~0.6s: 5. 92C TONNF Open graded Asphalt Concrete $73.00i $67. 60.oo! $67.160.0( $6:2~26: 557,279.:20 6. 1964~ SM Cold Plane Existing Pavement 5(.~I $3L424.O0! $31.42n.oc 52.27. 7. 3300 M Trenching and Fiber Optic Conduit 5(sL3al S~9~.SOO.O01 Snag.nas. O( SI3~.lS: 8. 12 EA Fiber Optic Vault - 1.2m X t.2m 5z,oss.~ol $~n.6~o.oo] s~n.~ao.0( s4,3ss.ool 9. 000 M Edison Conduit - Joint Trench $~7.s31 $1S,777.00] $15.777.0( $9.24: $8.316.00 10. 300 M Edison Conduit - Separate Trench ssn.~al Sl6,28S.0OI S]6,284.00! $9.S3'~ 52.859.00 11. 2 EA Edison Transformer Pad $~.n9.001 5~,3ss.oo! s:.3~s.o0 s6(o.oo! · 12. 1710 CM Slurry Cement Backfill s~.~71 $1039=soo sio~m~.7o SZSLS4: 13. 1 LS Median Electrical System - Location 1 s6,4ss.ooi s~.4ss.oo! 56.48~.00 53L310.00! $3L3~0.00 14, 1 LS Median Electrical System - Location 2 54.~4s.oo[ S4,848.0OI S4E48.00 S47.'/lO.C~! ~47,710.00 15, 1 LS Median Electrical System - Location 3 5~s.~3~.ooi 55S,~3L00! S~s.33~.00 527,2~.00' 16, 1 LS Median Electrical System - Location 4 s6,~(6.ooi 56.916.00i S6,916.00 ;3S.2S?.OOi $3S,257.00 17.' 1 LS Median Electdcal System - Location 5 szo,3s?.oo! s[o.337.ooI $~o.3~?.oo 533,37~.oo s~.~?9.~ 18. 1 LS Median Electrical System - Location 6 5 ~,s3(.oo,, 5n,s3Looi Sn.S3LOO 5SS,a34.Oe~ 19. I LS Median Electrical System - Location 7 56.2oo.001 s6.:2oo.ool 56.300.0o ~63.sso.oo= 563.sso.oc 20. 1 LS Median Electrical System - Location 8 543,240.00i ~43,240.0OI $43.240.00 549,96L00~ $49.96LOC 21. 1 LS Median Electrical System - Location 9 · s24,ooo.ool $24.000.00[ $24,000,00 $48.569.00! ~48.569.0( 22. LS Median Electrical System - Location 10 524.soo.ooi s~4.soo.oel s~soo.0( 553.4:25.oe:, 23. LS Median Electrical System - Location 11 5a.o~o.oo[ $a.o4o.ool 5s.c4o.0( s4:2.]i~.ooI 24. LS Median Electrical System - Location 12 5~.~3.0e! $6,623,0oi $6.623.0( $25,372.00i 525.372.00I 25. LS Median Electrical System - Location 13 s~4.[~s.ool 5(~.(6s.oo! $14.16s.0( 5~s.a6~.cel 26. 104 EA Replace Inductive Loop - - s~s~.ool s26.~os.ooi s_~6.:os,o~ $39(.oo~ 27. I LS Protect/Restore/Maint. Exist. Med. Ldscp & Imp. 5(~2,~00.001 $~(2,soo.ooi $1~.~oo.0( $~3.:27~.cei 28. 1 LS Protect/Restore/Maintain Exist. Med. Irr. Sytms. 5~(:2,s00.o01 sH:2,soo.ool $H~_.soo.oo 5~.037.00i 56.037,00 29. 1 LS Protect/Restora/Maintain Exist, Concrete Pavem s~s,ooo.oel $~s,ooo.oo! $~5,000.00 s4,0?s.oei 54,07s.00 30. 1 LS Traffic Striping and Si.qning s3.sto.ool s3.s~o.ool s3.sm.oo ss.~63.oo! ss.~3.oo 31. 1 LS Traffic Control s~,~zs.ool st~,~]s.ooi s]6.~]s.oo s~3.376.oo, TOTAL BASE BID SCHEDULE [ $1.411,879.00] SI,411.874.70 I Sl,775,034.S0 1, 1 LS Clearing & Grubbing 57,~o0.001 s7.~00.001 s7.~00.00 55,~a~.00t 2, 160 CY Ciasa 2 Aggregate Base (Trench Repair} $~z~o[ 5~,~§.001 s~.~.oo 5~s.=l :3 230 TON Asphalt Concrete P~vement (Trench Repair) 572.00t 5(~.zzo.ool 5a~,s~.oo $116.27! 526.742.1c 4. 500 TON Asphast Concrete Overlay 57~.o01 $3~,~o.0ol s~s.soo.oo Sss.so1 5. 9990 SY ~old Plane Existing Pavement 5L~l 5~s,9~,ool $~s.~s4.o~ 52.:2zl 6. 2700 LF Trenching and Conduit 51si,col s4o7.7oo.oo] ~o7.7oo.o~ $32.o6t 5s6.5~z~x 7. 4 EA Fiber Optic Vault- 1.2m X 1.2m $t.~7~.oo1 s4,7t~,oo[ s4.?]~.oc 54.6s3.oo1 8. 769 CY Slurry Cement Backfill 5ma.co! 5s~.oso.ool 5s2.oso.0( $s7.4~1 9. 51 EA Replace Inductive Loop 53szool $12.8S2.0OI S12,S$2.0( 5291.COI $I4.84L00 10. 1 LS Traffic Stdping and Signing $3.?~0.001 53.~m.001 s3.7]0.0( $3.(2s.001 53.12s.00 11. I ' LS Traffic Control 5(2.210.001 512.2z0.001 $~2.210.00 $s.003.00t 55.e03.c~ TOTAL ALTE~ATE BiD ScHEeULE t 5~OS.~S,O01 S60S.74~.00 [ TOTAL BASE BID & ALTERNATE SCHEDULE5 I i SZ.020,632.70 ~ S2.052,53 BID SUMMARY FOR BID OPENING DECEMBER 3, 2002 FOOTHILL BOULEVARD FIBER OPTIC CONDUIT AND MEDIAN ELECTRICAL SYSTEM PROJECT s.o ~.,~'~,,~.,..,,g & co...,e.o,,. NO OT~ UNIT OES~RIPT[ON COST AMOUNT AMOUNT 1. 1 LS Clearlnfl & Grubbin9 sss.eoo.ooi ss~,ooo.oo] SSS.ooo.o( 2. 325 CM Class 2 A~,qre~ate Sase 0'rench Repair) sso.ool $)6.25o.ool 3. 52(~ TONNE Asphalt Concrete Pavement (Trench Repair) $1oo.~ol s52.oeo.ool 4. 151C TONNE Asphast Concrete Overlay s]oo.ool si~t.ooo.oot 5. 920 TONNE Open graded Asphalt Concrete s~oo.col s~.oeo.ooI 6. 19640 SM Cold Plane Existin,q Pavement s2.ool s3~.2so.ooI 7. 3300 M Trenching and Fiber Optic Conduit slso.ool s4~s.ooo.col ~4~5.ooo.o0 8. 12 EA iFiber Optic Vault - 1.2m X 1.2m s3.oco.ool s3~.ooo.oot s3~.ooo.oo . 9. 900 M 5dison Conduit - Joint Trench s]5o.ool s]3s.ooo.ool $13s.ooo.oo 10. 300 M Edison Conduit - Separate Trench sl3o. ool s3~.o~o.col 11. 2 EA Edison Transformer Pad st.ooo.ool s:.ooo.ooI s~.ooo.oo 12. 171( CM Slurry Cement Backfill : s]oo.oo[ s]7].ceo.ool SlT~.Ooo.oo 13, 1 LS Median Electrical System - Location 1 $~.ooo.oo! $2~.ooo.0oI 14, 1 LS Median Electrical System- Location 2 $?o.ooo.ool 5?o.ooo.ooi $7o.o0o.oo 15, 1 LS Median Electrical System - Location 3 $2~.ooo. ool $~.~o.ool $2~.ooo.oo 16, 1 LS Median Electrical System - Location 4 ~o.ooo.~o! $3o.ooo.oot $~o.ooo.oe 17.1 1 LS Median Electrical System - Location 5 53o.ooo.ool 53o.ooo.ool 18.~ I LS Median Electrical System - Location 6 s~o.ooo.oot $~o.~oo.ool s~o.ooo.o~ 19. 1 LS Median Electrical System - Location 7 s~z.ooo.col $~.ooo.ool 20. 1 LS Median Electrical System - Location 8 $~o.0oo.oot $~o.ooo.ool s~o.ooo.o~ 21. LS Median Electrical System - Location 9 , . $ss.cao.ool ss~.ooo.col 22. LS Median Eleclfical System - Location 10 sss.ooo.mi sss.ooo.ool 23. LS Median Elect~cal System - Location 11 s45.o0o.ool ~45.ceo.ool 24. 1 LS Median Electrical System - Location 12 $29.ooo.ool $~9.ooo.o01 25. 1 LS Median Elecflical System - Location 13 ' s~.eeo.col $~.ooo.ool 26. 104 EA Replace Inductive Loop - - ~oo.ool ~4~.ooo.o01 27. I LS Protect/Restore/Maint. Exist. Med. Ldscp & Imp. $~7.ceo.oo! $97.0oo.eol $~7.o0o.c< 28. 1 LS Protect/Restem/Maintain Exist. Med. Irr. Sytms. ss~.ooo.ool ss~.ooo.oot $s~.eoo.oo ' ' 29. 1 LS IPratect/Restore/Ivlaintein Exist. Concrete Pavers $3~.o0o.0o:~ s$~.mo.o01 $~t.ooo. oo 30. 1 LS traffic s~pin~ and Sif~ning $1].oeo.ool $1~.~o.ool $~.ooo.0o 31. 1 L$ Traffic Control s25.ooo.ool $25.ooo.oot TOTAl. SASS sle SCHEOUL~ I $2.3~0.5~O.C0I 1. 1 LS Clearinf~ & Grubbing $4Looo.col ~41.ooo.°°1 2, 160 CY Class 2 A~:jgregate Base ('rrench Repair) $5o.ool ss.ooo.oo $s.ooo.oo 3, 230 TON Asphalt Concrete P~vement Ci'rench Repair) s~oo.ool s25.ooo.co $~.o0o.oo 4. 500 TON Asphast Concrete Overlay $1oo.ool s5o.ooo.ool 5., 9990 SY Cold Plane Existing Pavement s2.001 ' s~.~5o.ool 6. 2700 LF Trenchinf] and Conduit i. $5o.oot sl~5.oeo.col 7. 4 EA Fiber Optic Vault - 1.2m X 1.2m s3.(~00.ool $t2.ooo.ooI 8. 76(] CY Slurry Cement Backfill s~oo.ool $?~.ooo.o0t ST~.OOO.O~ 9. 51 EA Replace Inductive Loop ~4oo.eol $~o.4oo.ool 10. 1 LS Traffic Strip ng and S gn n.cl $5.ooo.oot $5.ooo.ool 11.1 1 LS Traffic Control s]o.ooo.ool sm.coo.ooI sm.ooo.o( ETIWANDA AVE. SPORTS COMPLEX MASI DR. MiLLIKF~ AVE. /~ ELM AVE. · ~ SPRUCE AVE. ~ ASPEN ST. FooTHILL BLVD. FIBER OPTIC & ELECTRICAL CONDUIT PROJECT N.T.~ title; ~!~ CITY OF RANCHO ~ . ~. - ~ ENGINEERING DI¥1SION ~' VICINITY MAP ~ page THE C I T Y OF l~AN Cll O C~ LICAM O N GA S fRepor DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: dulie Ungashick, Management Analyst I SUBJECT': APPROVE AND AUTHORIZE SHIRLEY ENVIRONMENTAL TESTING LLC, OF SOUTH EL MONTE, AS A SINGLE SOURCE VENDOR IN THE AMOUNT OF $50,000 FOR THE UPGRADE OF THE OIL STORAGE TANK AT THE CITY CORPORATION YARD AND REPAIRS TO THE FUEL DISPENSING SYSTEM TO COMPLY WITH STATE CODE TO BE FUNDED FROM ACCOUNT NO. 10013175300, AND APPROVE AN APPROPRIATION OF $50,000 TO ACCOUNT NO. 10013175300 FROM THE VEHICLE AND EQUIPMENT MAINTENANCE FUND BALANCE RECOMMENDATION: It is recommended that the City Council approve and authorize Shirley Environmental Testing LLC, of South El Monte, as a single soume vendor for the upgrade of the oil storage tank at the Corporate Yard and repairs to the fuel dispensing system at the City Corporation Yard and Adult Sports Complex to comply with State code and approve the appropriation of $50,000 into fund 1001317-5300 for this work. BACKGROUND/ANALYSIS: The California Code of Regulations Title 23: Waters, Division 3: Water Resoumes Control Board, Chapter 16: Underground Storage Tank Regulations, establishes the County as the administrative authority for issuing underground storage tank permits and conducting on going annual inspections of such systems. The inspection this year by the County Inspector revealed the fill spout to the oil storage tank must be a double wall configuration vs. the originally installed single wall design. Although the tank is in excellent condition and electronic monitoring of the tank indicates there has been no spillage or contamination of the soil, the State code requires that the fill tube is to be double wall. CITY COUNCIL STAFF REPORT OIL STORAGE TANK UPGRADE/FUEL DISPENSING SYSTEM REPAIR December 18, 2002 Page 2 The County Inspector also forewarned City staff that numerous other fuel systems throughout the County have been experiencing failures of secondary connections in their fuel dispensing systems. The city system is of the same type as the other systems throughout the county that have been failing their annual test. City staff is coordinating with the County and our maintenance contractor, Shirley Environmental, to perform the annual inspection on our system and it is expected that significant repairs will be required. Because of the strict compliance standards of the State code related to the management of fuel tanks and their dispensing systems, time is of the essence with regard to performing annual inspections and making any necessary repairs. Therefore, based on the County's experience with similar systems, and the need to react quickly in the completion of repairs, staff is recommending the appropriation to coincide with the testing and repair process. Earlier this year the City Council approved Shirley Environmental as the maintenance contractor for the fuel and oil dispensing and storage systems at the City Corporation Yard for routine and emergency maintenance of the system. Respectfull,,v §ubp)~ed, William O. O'Neil City Engineer WJO:JU:dlw -2- R A N C H O C U C A M O N G A ~NGIN EEI~IN G D~ DAI~TMEN T SlaffReport DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William d. O'Neil, City Engineer BY: Betty A. Miller, Associate Engineer SUIMECT: Summary Vacation (V-191) of vehicular access rights for two driveways at the northwest corner of Arrow Route and Milliken Avenue, along Parcels 10 and 12 of Parcel Map 15295 (Parcel A of lot merger 495) requested by Catellus Development Corporation (APN 229-011-82). Related File: DR 00-28 RECOMMENDATION: It is recommended that the City Council adopt the attached resolution summarily ordering the vacation of vehicular access rights for two driveways, one on the north side of Arrow Route west of Milliken Avenue and one on the west side of Milliken Avenue north of Arrow Route. BACKGROUND/ANALYSIS: Development Review 00-28, located on the northeast and northwest corners of Arrow Route and Milliken Avenue, was approved by the Planning Commission on November 8, 2000, for the construction of two industrial buildings totaling 917,780 square feet. Said development proposes driveways on the north side of Arrow Route west of Milliken Avenue and on the west side of Milliken Avenue north of Arrow Route. Vehicular access rights along the frontage of Parcels 10 and 12 were dedicated to the City on Parcel Map 15295, which recorded in September of 2000. On December 11, 2002, the Planning Commission determined that said vacation is consistent with the General Plan and recommended the vacation occur. Resj3.ectfully su~b. mi/1~d/., / William d. O'Neil City Engineer WJO:BAM:sc Attachment ~ NORTH fl 1"= 400' CITY OF ITEM: V-191 RANCHO CUCAMONGA · TITLE: Vicinity Map/Pm 15295 ENGINEERING DIVISION ~/~ 'EXHIBIT: "A" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF VEHICULAR ACCESS RIGHTS FOR TWO DRIVEWAYS, ONE ON THE NORTH SIDE OF ARROW ROUTE WEST OF MILLIKEN AVENUE AND ONE ON THE WEST SIDE OF MILLIKEN AVENUE NORTH OF ARROW ROUTE, ALONG PARCELS 10 AND 12 OF PARCEL MAP 15295 (V-191) - APN 229-011-82 WHEREAS, by Chapter 4, Article 1, Section 8330, of the Streets and Highway Code, the City Council of the City of Rancho Cucamonga is authorized to summarily vacate the vehicular access rights hereinafter more particularly described; and WHEREAS, the City of Rancho Cucamonga Planning Commission on December 11,2002, by minute action found and determined that the summary vacation of the subject vehicular access rights herein contemplated conforms to the City's General Plan; and WHEREAS, the City Council found all the evidence submitted that the subject vehicular access rights are no longer required and have not been used for the purpose for which they were dedicated since the date of dedication. 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 of Rancho Cucamonga hereby makes its order vacating vehicular access rights for two (2) driveways as shown on Map V- 191, on file in the office of the City Clerk of the City of Rancho Cucamonga, which have been further described in legal descriptions attached hereto, marked Exhibits "A-1" and "A-2", and shown on Exhibits "B-I" and "B-2), and by reference made a part thereof. SECTION 2: That the subject vacation shall be subject to the reservations and exceptions, if any, for existing utilities on record. 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 Bernardino County, California. SECTION 4 That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. EXHIBIT 'A' LEGAL DESCRIPTION FOR VACATION OF VEHICLE ACCESS RIGHTS FOR PARCELS 10 AND 12 OF PARCEL MAP 15295. THE STREET FRONTAGE OF PARCELS 10 AND 12 OF PARCEL MAP NO. 15295, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 190, PAGES 74 THROUGH 83, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, ALSO SHOWN AS PARCEL 'A' OF THAT CERTAIN LOT MERGER RECORDED MARCH 14, 2001 AS DOCUMENT NO. 20010092610 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY TERMINUS OF THAT CERTAIN CURVE ON THE EASTERLY BOUNDARY OF SAID PARCEL 12, SHOWN ON SAID PARCEL MAP AS BEING CONCAVE WESTERLY, HAVING A RADIUS OF 213.07 FEET, A CENTRAL ANGLE OF 12"36'22' AND A LENGTH OF 46.88 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°18'15", A DISTANCE OF 38.32 FEET TO TNE TRUE POINT OP BEGINNING, A RADIAL LINE TO SAID POINT BEARS NORTH 85~22'10" EAST; THENCE CONTINUING NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°18'07', A DISTANCE OF 8.56 FEET TO A COMPOUND CURVE, HAVING A RADIUS OF 2,334.00 FEET, A RADIAL LINE BEARS NORTH 83°04'04" EAST, THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°01'54", A DISTANCE OF 42.03 FEET, A RADIAL LINE BEARS NORTH 82°02'10" EAST TO SAID POINT; THENCE NORTH 90°00'00" WEST, 11.10 FEET TO CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2,323.00 FEET, A RADIAL LINE BEARS N81°59'53"E; THENCE NORTHERLY ALONG SAID CURVE AND SAID WESTERLY BOUNDARY THROUGH A CENTRAL ANGLE OF 00"40'56", A DISTANCE OF 27.66 FEET. THE ABOVE DESCRIBED IS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. ANHORN JR. XP. DEC. 31, 200 NO. 7159 EXHIBIT 'B' VACATION OF VEHICULAR ACCESS RIGHTS A TrACI-~D ~ AND MAD~ A PART I-Eg~=~J .F~.,z-Z~ F~'"~ ~,, I , -i D ' ~ .~.5~'~ ~ ~) .9o~oo'~ ~11.10' ~ -~'? "6 --~ pCC C6~ -~ pCC C5~ -R~ p~C ~-p~c SCAL~ 1" = 100' CURm DATA TABLE ~ i NO. DELTA RADIUS LENG~ TANGENT ~ I 2 12'36'22" 213.07' 46.88' 25.53' 3 01'01'~4" 2534.00', 42.05' 21.01' 4 04'4~'4~" 2323.00, 191.7~' 95.95: 5 10'18 15 215.07 38.32 19.21 ~ ~ I 6 02'18'07" 213.07' 8.56' 4.28' 7 00'40'56" 2525.00' 27.66' 13.85' ~RA~ E~bRN J~%S. 7159 EXHIBIT 'A' LEGAL DESCRIPTION FOR VACATION OF VEHICLE ACCESS RIGHTS FOR PARCEL 12 OF PARCEL MAP 15295. THE STREET FRONTAGE OF PARCEL 12 OF PARCEL MAP NO. 15295, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 190, PAGES 74 THROUGH 83, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAN BERNARDINO COUNTY, ALSO SHOWN AS A PORTION OF PARCEL 'A' OF THAT CERTAIN LOT MERGER RECORDED MARCH 14, 2001 AS DOCUMENT NO. 20010092610 OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EASTERLY TERMINUS OF THAT CERTAIN LINE ON THE SOUTHERLY BOUNDARY OF SAID PARCEL 12, SHOWN ON SAID PARCEL MAP AS HAVING A BEARING OF NORTH 89°27'50" EAST, AND A LENGTH OF 449.47 FEET; THENCE WESTERLY ALONG SAID LINE 222.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID LINE 80.26 FEET. THE ABOVE DESCRIBED IS SHOWN ON EXHIBIT "B" ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. ANHORN JR. ~XP. DEC. 51, 200 NO. 7159 ~N JR P.L.S. 7159 PCA LEGAL NO. 197-15-081001-1 ~1/2003 DATE 11/09/00 EXHIBIT 'B' VACATION OF VEHICULAR ACCESS RIGHTS ATTACI'IE~ I'~:~;=~, ~ MADE A PART ~ 5CAI~: 1'= 100' I --~ -,I .,--I~ ~,~ P.O.C.~% =~ -I zll~ ,~"' , ~ 80.26' ~ ~ 222.49 N89~50"E -- , - , - ~ N89'2750 E ~9.47 ~ Cl C2 C3 C4 '---~%.N89~7'50"E 49.99- XP.O.B. ~ ~W~ ~./~9 _L^N_O ~%,~. CURVE DATA TABLE /.C26¢~''~ ~',~?~3X NO. DELTA RADIUS LENG~ TANGENT /~/ % ~X ~ o ...... / ~ / _ % CA 6 56 07 259.33 31.39 15.71 / 0-/ JERALD ~ ~ 2 06'56'07" 150.67' 18.24' 9.13' ~ ~ ANHORN J~ ~ 0 ~ 3 10~9'57" 106.50' 19.21' 9,63' I ~ [EXPJ~E~. 31~3~ ~ ] A ~ 4 10'19'57" 78 50' 14 16' 7 10' ~,~ ,o.~,~,--1~/ I~ ~ , ~ ' ' ' ~ c~ ~x~,~-~,-o, .... ~c~ ~.~ .o. ,~-,~-o~,~/, T H E C I T Y 0 F I~^N Cii 0 C~C^I~ONG^ Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: APPROVAL OF DRAINAGE REIMBURSEMENT IN THE AMOUNT OF $277,000 FOR THE ETIWANDA AREA 9 MASTER PLAN FOR FY 2001/2002 TO BE FUNDED FROM FUND 1126-303-5650/1026126-0, AND APPROVAL OF AN APPROPRIATION OF $277,000 TO ACCOUNT 1126-303-5650/1026126-0 FROM THE LOWER ETIWANDA DRAINAGE FUND BALANCE RECOMMENDATION: It is recommended that the City Council approve the drainage reimbursement in the amount of $277,000 for the Etiwanda Area 9 Master Plan for FY 2001/2002 to be funded from Fund 1126-303-5650/1026126-0, and approval of an appropriation of $277,000 to Account 1126-303-5650/1026126-0 from the Lower Etiwanda Drainage Fund balance. BACKGROUND/ANALYSIS: Etiwanda Area 9 Master Plan Drainage Reimbursement Agreements are based on the net Etiwanda Area 9 Drainage funds received each fiscal year. The remaining funds in the Etiwanda Area 9 Drainage fund will be utilized for City projects. Respectfully sJ~bm~'~'/ ! William J. O'Neil City Engineer WJO:SH:sc R a N c h 0 C U C ^ M 0 N G a ENGINEERING DEPARTMENT DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Betty A. Miller, Associate Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 00-28, LOCATED AT THE NORTHWEST CORNER OF MILLIKEN AVENUE AND ARROW ROUTE, SUBMI'I-rED BY CATELLUS DEVELOPMENT CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolution approving DR 00-28, accepting the subject agreement and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DR 00-28, located at the northwest corner of Milliken Avenue and Arrow Route, in Subarea 8 (General Industrial) of the Industrial Area Specific Plan, was approved by the Planning Commission on May 26, 1999, for the development of two industrial warehouse buildings on 43.56 acres. The first building, on the northeast corner of Milliken Avenue and Arrow Route, was completed earlier this year. The Developer, Catellus Development Corporation, is submitting an agreement and security to guarantee construction of the balance of the off-site improvements in the following amounts: Faithful Per/ormance Bond $213,000.00 Labor and Material Bond: $106,550.00 Copies of the agreement and security are available in the City Clerk's Office. Re~sf~cffu~s L) b m,j~ / William J. O'Neil City Engineer WJO:BAM:sc Attachments CITY OF NORTH ~' ]"=4oo' RANCHO CUCAMONGA ~: vi¢iniW Map RESOLUTION NO. ~),2,° ~/? A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING 'IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR00-28 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Catelius Development Corporation as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located at the northwest corner 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 00-28; 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 as follows: 1. 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; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. R A N C H O C U C a M O N GA ]~ NCIN ~lf I~ING DIVlSIOi~ Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROI~ William J. O'Neil, City Engineer BY: Henry Murakoshi, Associate Engineer SUBJECT: APPROVAL OF REIMBURSEMENT AGREEMENT FOR UNDERGROUNDING OF OVERHEAD UTILITIES FOR CUP 93-46, LOCATED AT THE SOUTHEAST CORNER OF VINEYARD AVENUE AND FOOTHILL BOULEVARD, SUBMITTED BY ART AND DIANA FLORES RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the Reimbursement Agreement for undergrounding of a portion of the overhead utility lines on Vineyard Avenue east side from centerline of Foothill Boulevard southerly 160.5 feet along project frontage of CUP 93-46, and authorizing the Mayor to sign and City Clerk to sign said agreement and to cause same to record. BACKGROUNDIANALYSlS The Developer, Art and Diana Flores, has completed the undergrounding of the existing overhead utilities fronting his project (CUP 93-46) as required by the project conditions of approval. He is now requesting a reimbursement agreement to recover a pro rata share of the undergrounding costs from the adjacent properties directly benefiting from the undergrounding, which is consistent with City policy. Staff has reviewed and concurs with the undergrounding cost data supplied by the Developer and the distribution of the costs to the benefit parcels as contained in the reimbursement a~.reement. Copies of the agreement signed by the developer are available in the City Clerk's office. Properties affected by the agreement were notified by mail 10 days prior to tonight's Council meeting. R William J. O'Neil City Engineer Attachment RESOLUTION NO. O~..'~'~/(~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A UTILITY UNDERGROUND REIMBURSEMENT AGREEMENT EXECUTED BY ART AND DIANA FLORES FOR CUP 93-46 WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement submitted by Art and Diana Flores for the undergrounding of the existing overhead utilities on the east side of Vineyard Avenue from the centerline of Foothill Boulevard southerly 160.5 feet along project frontage of CUP 93-46; and WHEREAS, the developer, at the developeCs expense, has completed said storm drain installation; and WHEREAS, the owners of the adjoining properties will share in the expense of the utility undergrounding as stipulated in said Reimbursement Agreement. WHEREAS, reimbursement payments from two of the adjacent properties (APN: 207-211-13 and 207-211-12) have been made to the City previously as utility undergrounding in-lieu fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE 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 CleCk to attest hereto and cause said Agreement to record and the Finance Director is authorized to disperse to Art and Diana Flores that portion of the previously paid in-lieu fees from adjacent.properties due them per the agreement and refund to the adjacent properties and excess funds paid as in-lieu fees. VICINITY MAP CITY HALL CITY OF RANCHO CUCAMONGA THE CITY OF [~AN CH 0 C U CAH 0 N GA S tf:f Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF MAPS, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT, AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHT MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP NOS. 16257 AND 16347, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD, SUBMITTED BY EMPIRE COMMERCIAL REAL ESTATE, LP RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions approving Tract Map Nos. 16257 and 16347, accepting the Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8, and authorizing the Mayor and the City Clerk to sign said agreement and to cause said maps to record. BACKGROUND/ANALYSIS: Tentative Tract Map Nos. 16257 and 16347, located on the west side of Etiwanda Avenue, in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, were approved by the Planning Commission on January 23, 2002, and July 10, 2002, respectfully, for the development of a total of 420 apartment units on 29.75 acres of land. The Developer, Empire Commercial Real Estate, LP, is submitting an agreement and securities to guarantee the construction of the public improvements in the following amounts: CITY COUNCIL STAFF REPORT TRACT NOS. 16257 & 16347 December 18, 2002 Page 2 Faithful Performance Bond $358,800.00 Labor and Material Bond: $179,400.00 Monumentation Cash Bond: $ 2,500.00 A Letter of Compliance has been received from the Cucamonga County Water District. Copies of the Improvement Agreement and Improvement Securities are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. R esp ectf u Ily~ ub m it.t~l~, ~ William J. O'Neil City Engineer W JO:WV:sc Attachment -2- BASEUN£ ROAD ,.~ N.T.S. o FOOTHILL (R~ 66) BOULEVARD ,ARROW ROUTE RESOLUTION NO. 'O ~" ,~ I ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NOS. 16257 AND 16347, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Tract Map Nos. 16257 and 16347, submitted by Empire Commercial Real Estate, LP, located on the west side of Etiwanda Avenue, for the development of 420 apartments on 29.75 acres of land, were approved by the Planning Commission of the City of Rancho Cucamonga, on January 23, 2002 and July 10, 2002, respectively, and are in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map Nos. 16257 and 16347 are the final maps of the division of land approved as shown on said Tentative Tract Maps; and WHEREAS, all of the requirements established as prerequisite to approval of the final maps by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Securities by Empire Commercial Real Estate, LP, as developer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Securities submitted by said developer be and the same are hereby approved, and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map Nos. 16257 and 16347 are hereby approved, and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~)~,-- ~20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP NOS. 16257 AND 16347 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (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 XIIlD of the Constitution of the State of California ("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 District 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 RESOLUTION NO. TRACT MAP NOS. 16257 AND 16347 December 18, 2002 Page 2 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 herein 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 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: a. 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. b. 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. c. 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. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: EMPIRE COMMERCIAL REAL ESTATE, LP The legal description of the Property is: Lot 1 of Tract 16257 and Lot 1 of Tract 16347 The above-described parcels are shown on sheet Aq2 attached herewith and by this reference made a part hereof. ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. ~ STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 CHURCH .ST FOOTHILL::. BOULEVARD · ~ C~T¥ OF..~NCI~OCt~¢~,~ONC,~,. ~ cOUNTY o~' SA~.SE~A~r~O STATE OF CALIFORNIA Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): Landscape Maintenance District No. 9 (LMD #9) represents landscape sites throughout the Lower Etiwanda Area. 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 sites maintained by the district consist of parkways, median islands and street trees. 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. 8 (SOUTH ETIWANDA): Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally, this area encompasses the area of the City east of Etiwanda Avenue,'north of Foothill Boulevard and south of Highland Avenue within thc incorporated area of the City. 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 local streets and traffic signals (or a portion thereof) on local streets within the South Etiwanda area. Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2002/2003) For Project: Tract Nos. 16257 and 16347 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 8 ......... SLD # 8 ............... Conununity Tr~(d Turf Non-Turf Trees Landscaping DGSF SF SF EA L 9 ......... 29 *Existing items installed with original project Assessment Units by District Parcel DU S 1 S 8 L 1 --- 420 420 420 420 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA): The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2002/03. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 4169 1.0 416 $375.91 $156,378.56 Family Thc Proposed Annual Assessment against the Property (Tract Nos. 16257 & 16347) is: 420 Units x 1 A.U. Factor x $375.91 Rate Per A.U. = $157,882.20 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and llse Unit Tvne Units TTnlt~ Factor lInit~ Unit Revenue Single Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Family Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (Tract Nos. 16257 & 16347) is: 420 Units x 1 A.U. Factor x $17.77 Rate Per A.U. = $7,463.40 Annual Assessment Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment l,and Use Ilnit Tyne l fnit~ 1 Init~ Factnr lTnits IInit R~v~nue Single Family Parcel 497 1.00 497 $193.75 $96,293.75 The Proposed Annual Assessment against the Property (Tract Nos. 16257 & 16347) is: 420 Units x 1 A.U. Factor x $193.75 Rate Per A.U. = $81,375.00 Annual Assessment TH E CITY OF ]~AN CH 0 CO CAM ON GA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council, Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Donald Granger, Assistant Planner SUBJECT: REQUEST TO ENTER INTO A TERMINATION AGREEMENT FOR A LEASE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND AT&T WIRELESS SERVICES FOR A WIRELESS COMMUNICATION FACILITY AT HERMOSA PARK. RECOMMENDATION: Staff recommends that the Mayor sign the Lease Termination Agreement, thereby terminating the existing lease with AT&T. BACKGROUND: AT&T Wireless Services desires to terminate its existing lease with the City due to economic reasons. The City has received a letter of termination and lease termination agreement from AT&T Wireless for the City's existing lease with AT&T. ANALYSIS: AT&T Wireless Services is in the process of closing/removing approximately 400 cell sites nationwide. Community Development staff, in conjunction with the City Attorney's office, has been reviewing multiple draft agreements for the lease termination agreement with AT&T over the past several weeks. The lease termination agreement has been accepted by the City Attorney's Office. The existing lease with AT&T Wireless includes a 12-month rent termination penalty (monthly rent is $1,000). AT&T has paid all monthly rents due and the required $12,000.00 termination penalty. The Engineering Division has requested the retention of the equipment shelter for storage purposes and the termination lease with AT&T includes a provision granting the equipment shelter to the City at no cost. The wireless communication tower and all appurtenant equipment will be removed and the landscaping at Hermosa Park will be restored. City Planner BB:DG\ma Attachments: Final Lease Termination Agreement Cell SiteNumber: BC 3775 Address: 6787 Hermosa Avenue, Hermosa Park, City of Rancho Cucamonga TERMINATION AGREEMENT This Termination Agreement (this "Agreement'/) is executed as of , 2002, between the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Landlord"), and AT&T WIRELESS SERVICES, 1NC., a Delaware corporation ("Tenant"). Recitals A. Landlord and Tenant entered into a Communications Site Ground Lease dated November 1, 2000 (the "Lease") pertaining to certain premises (the "Premises") described therein on property located at 6787 Hermosa Avenue, Hermosa Park, City of Rancho Cucamonga, identified as AT&T Cell Site No. BC 3775. B. Tenant desires to confirm its termination of the Lease and convey its equipment shelter to Landlord. C. Landlord does not object to said termination and, notwithstanding the provisions of the Lease, Landlord is willing to release Tenant fi.om the payment of further rent, and from its obligations to remove its property and restore the Premises, subject to the terms and conditions of this Agreement. Agreement NOW, TI~EREFORE, for good and valuable consideration including the mutual promises contained in this Agreement the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows: 1. Termination. Landlord acknowledges that Tenant gave notice of ten'nination of the Lease on September 24, 2002 (the "Termination Nofiee") in accordance with Section 8(B) of the Lease, and that the Lease terminated on October 24, 2002 (the "Termination Date"). Landlord acknowledges that it has received all amounts due under the Lease or otherwise fi.om Tenant through the Termination Date, excepting only amounts due or which may become due Landlord pursuant to Tenant's indemnity obligations, which obligations shall survive the termination oftbe Lease.. 2. Surrender of Premises. Notwithstanding any other provision of the Lease, Landlord hereby releases Tenant fi.om any obligation under the Lease to remove the Communication Facility (as defined in the Lease), including any equipment or improvements, fi.om the Premises or to restore the Premises to its condition at the commencement of the Lease, except that Tenant will do the following before the Termination Date: (i) removal of the tower; (ii) removal of the foundation 24 inches below grade; fill and compact the foundation excavation area and all trenches necessmy for the removal of cabling and other appurtenant Equipment Shelter to standard grading practices; (iii) changing of the locks and return of the keys to Landlord; (iv) removal of the lines, antennas and associated cabling; (v) removal of any cable troy; and (vi) removal of FWS signage. Cell Si~ Number: BC 3775 1 Cell Sit~ Number: BC 3775 Address: 6787 H~rmosa Avenue, Hermosa Park. City of Rancho Cucamonga 3. Transfer of the Equipment Shelter. Tenant hereby GRANTS,' CONVEYS, AND DELIVERS to Landlord the equipment shelter (including the fence surrounding such shelter) (collectively, the "Equipment Shelter") owned by Tenant remaining _on the Premises on the Termination Date. TO HAVE AND TO HOLD the Equipment Shelter unto Landlord, its successors and assigns forever, and Tenant does hereby bind Tenant and Tenant's successors and assigns to WARRANT AND FOREVER DEFEND all and singular title to the Equipment Shelter unto Landlord, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through, or under Tenant, but not otherwise. 4. . Mutual Release. Except as otherwise provided in Sections 1 and 2 above, Landlord and Tenant hereby fully release and discharge each other from all claims, demands, causes of action, known or unknown, whether heretofore asserted or not, of whatever kind and description, and all duties, obligations, liabilities and responsibilities in any way related to or concerning the Premises and/or the Lease, including any obligation to pay rent thereunder attributable to periods after the Termination Date; provided, however, that Tenant's representation and warranty in Paragraph 5 below and Landlord's indemnity in Paragraph 6 below shall not be released, but shall survive execution and delivery of this Agreement. 5. Title. Tenant represents and wammts to Landlord that the Equipment Shelter is fi.ee and clear of any liens and security interests. 6. Landlord's Indemnity. Landlord shall indemnify, hold harmless, and defend Tenant fi.om any and all liabilities, damages, costs, and expenses arising out of Landlord's use of the Equipment Shelter. 7. As Is, Where Is. Except for the representation and warranty in Paragraph 5 above, .... Tenant makes no representations-or-warranties,-.express_or, implied,,xegarding_the__Equip_.ment Shelter, including without limitation any warranties of merchantability or fitness for a parfcular purpose, and Landlord accepts the Equipment Shelter "AS IS, WHERE IS, WITH ALL FAULTS." 8. Entire Agreement. This Agreement contains the entire agreement between the parties and supercedes any and all prior agreements with regard to the subject matter hereof. 9. Captions and Recitals. The captions and titles in this Agreement are for convenience of reference only and shall not limit, amplify or otherwise have any effect on the interpretation of the provisions of this Agreement. The Recitals are an integral part of this Agreement. 10. Governing Law. This Agreement shall be governed by the laws of the State of California. 11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Landlord and Tenant and their respective successors and assigns. 12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one docment. The signature pages on such counterparts may be combined onto one document. Cell Site Ntmabcr: BC 3775 2 Cell Site Number: BC 3775 Address: 6787 H~mosa Avenue, Hormosa Park, City of Rancho Curare°riga 13. Authority of Sigaatories. Each individual executing this Agreement on behalf of each of Landlord and Tenant, respectively, represents and warrants to the other party that he is fully authorized and empowered to do so. [Remainder of this page intentionally left blahk- Signature page follows.] Cell Site Number: BC 3775 3 Cell SitoNumb~ BC 3775 Add.ss: 6787 Hermosa Avenue, H~aosa Park, City of Ranoho Cu(nunonga EXECUTED as of the day and 3)ear first written above. CITY OF RANCHO CUCAMONGA, a municipal corporation By: Name: Title: Mayor Date: By: Name: Title: City Clerk Date: Landlord's Address, Phone and Fax: 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91720 Tel: (909) 477-2700 Fax: (909) 477-2846 Tax I.D. No: 95-3213002 "TENANT" AT&T WIRELESS SERVICES, INC., a Delaware Rebecca M. Camden Director, Plant Accounting, Technology Accounting c~ll site Numb~ BC 377S 4 7/ T H E C I T Y 0 F I~AN C H 0 C U CAM 0 N GA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Michelle Dawson, Management Analyst III '~- ~" S~: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR FEDERAL LEGISLATIVE ADVOCACY SERVICES WITH DAVID TURCH AND ASSOCIATES IN THE AMOUNT OF $48,000, FUNDED FROM ACCT. NO. 10010015300. Recommendation Approve the attached Professional Services Agreement for Federal Legislative Advocacy Services with David Turch and Associates in the amount of $48,000, to be paid from account 10010015300. Background Since November, 1999, David Turch and Associates has provided legislative advocacy services for the City of Rancho Cucamonga at the federal level. Thc firm assists the City in pursuing federal funding for our projects and programs. Staff from David Turch and Associates is currently working with the City to prioritize projects and programs for fimding requests for the 2003 federal legislative session. The current agreement expires on December 31, 2002. To ensure that the City's interests continue to be advanced at the federal level, staff recommends the City Council approve the attached Professional Services Agreement with David Turch and Associates to provide legislative advocacy services for one year. The terms of the proposed contract, including fees, remain unchanged from the existing contract. Respectfully Submitted, Michelle Dawson Management Analyst III PROFESSIONAL CONSULTING AGREEMENT This is an agreement between the City of Rancho Cueamonga, California (Rancho Cucamonga) and David Turch and Associates (DTA) of Washington, D.C. Hereinafter, the term "parties" shall refer to both Rancho Cucamonga and DTA jointly. Whenever used in this document, the word agreement means contract; further, thc words "firm (s)" or "company (its)" mean any business entity, association, institution or government agency. 1. PURPOSE Rancho Cucamonga hereby engages the services o£ DTA to advise, counsel and represent Rancho Cucamonga with, principally but not limited to its affairs with the Legislative and Executive Branches of the Federal Government. DTA agrees to promote and represent the best interests of Rancho Cucamonga by acting as a liaison between the City and members of Congress, Congressional Committees and staff, the Executive Branch and other federal officials. In this capacity, DTA will be responsible for, but is not limited to providing Rancho Cucamonga with a federal legislative action agenda to be used as the basis for all federal funding requests; identifying and pursuing federal funding programs for Rancho Cucamonga programs; and notifying Rancho Cucamonga of legislation, reports, hearing testimony and /or relevant regulatory activities that will impact its programs and operahons. DTA further agrees to provide Rancho Cucamonga regular reports outlining the status of all current and ~ture work to be performed on behalf of the City. DTA will obtain the written and prior consent of Rancho Cucamonga in the event that DTA assigns or subcontracts any portion of its services it has agreed to provide Rancho Cucamonga as outlined in this agreement. DTA also agrees to comply with any and all laws, statutes and regulations applicable to the services it will provide Rancho Cucamonga, including but not limited to, all reporting requirements imposed by law. All services provided by DTA will be on a non-exclusive basis. 2. EFFECTIVE DATES The term of this agreement shall commence January 1, 2003 and shall continue in full force and effect to its expiration on December 31, 2003 unless previously modified, amended, or canceled by the written mutual consent of the parties. 3. CANCELLATION This agreement may be terminated by either party in writing and delivered by first class mail. Such cancellation shall take effect at the end of the last calendar day of the month following the month when the notification of cancellation was received. 4. COMPENSATION a. Ordinary: Compensation fi-om Rancho Cucamonga to DTA is agreed to be Forty Eight Thousand Dollars ($48,000) per year. Such compensation is to be paid according to the following schedule: The first month's payment of Four Thousand Dollars ($4,000) must accompany this contract signed by the parties. Thereafter, Rancho Cucamonga agrees to pay DTA a monthly payment of Four Thousand Dollars ($4,000) without additional notice or demand, on or before the first day of each calendar month, commencing on or before February 1, 2003. b. Expenses: Rancho Cucamonga agrees to reimburse DTA for all ordinary and reasonable expenses incurred on its behalf. Expenses in excess often percent (10%) of the monthly billing amount will not be incurred by DTA, unless it has the prior written consent of Rancho Cucamonga. DTA agrees to bill Rancho Cucamonga such expenses on a monthly basis. Rancho Cucamonga will pay such expense statements on or before the first day of the calendar month following such billing. c. Cancellation: Should this agreement be canceled at the option of Rancho Cucamonga, Rancho Cucamonga agrees to pay DTA a "drop fee" of 15% of the remaining value of the contract. At all times during this contract, Rancho Cucamonga further agrees to pay all necessary and reasonable expenses directly associated with the termination of this agreement or to fulfill commitments previously made on behalf of Rancho Cucamonga pursuant to this agreement. DTA agrees to document all such expenses incurred on Rancho Cucamonga's behalf prior to its obligation to pay. 5. CONFIDENTIALITY AND CONFLICT DTA has an established policy regarding the confidentiality of information received from our clients. This policy extends to information received regarding a specific project as well as information of a more general nature concerning a client's activities. Therefore, DTA agrees as an extension of this existing policy to hold confidential Rancho Cucamonga affairs from the surrounding or overlapping public jurisdiction as well as from other clients. DTA further agrees to treat any and all information provided by Rancho Cucamunga for the purposes of this contract, as confidential, unless otherwise directed by Rancho Cucamonga. DTA also agrees, during the term of this contract, that it will not engage in Rancho Cucamonga's political process or make political contributions to any current or potential City Council members running for any elected City office within Rancho Cucamonga. 6. DISPUTES This contract shall be construed in accordance with the laws of the State of California. Notwithstanding the above, any controversy or claim arising out of or relating to this contract or the breach thereof, may, by mutual consent of the parties, be settled by arbitration in accordance with the commercial rules of the American Arbitration Associations, and judgment upon the award be rendered by a court within the county of San Bemardino. 7. DEFAULT In the event that Rancho Cucamonga defaults and referral is made to an attorney for collection, DTA may terminate the contract by providing written notice of termination for breach to Rancho Cucamonga, whereupon DTA shall have no further obligation to Rancho Cucamonga, notwithstanding any provision of this contract to the contrary. Rancho Cucamonga further agrees to pay any and all of DTA's attorney fees and costs of litigation. In the event that DTA breaches this contract, Rancho Cucamonga may terminate the contract by providing written notice of termination for breach to DTA, whereupon Rancho Cucamonga shall have no further obligation to DTA notwithstanding any provision of this contract to the contrary. DTA further agrees to pay any and all of Rancho Cucamonga's attorney fees and costs of litigation. 8. FAILURE TO ENFORCE The failure of DTA or Rancho Cucamonga to insist upon strict performance of any of the terms and conditions stated herein shall not be deemed a waiver of any rights or remedies that DTA or Rancho Cucamonga may have and shall not be deemed a waiver of any subsequent breach or default in the terms and conditions herein conta/ned. 9. INDEMNIFICATION DTA agrees to defend, indemnify and hold harmless Rancho Cucamonga, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by DTA of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omission of DTA pursuant to this agreement, including but not limited to, all consequential damages, to the maximum extent permitted by law. 10. ENTIRE AGREEMENT This agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matters herein. This contract may be modified or amended at any time only by the mutual consent of the parties, and shall be effective only if it is in writing and signed by all parties. Any modification or amendment to the contract shall become a permanent part of this agreement. The agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall together constitute one and the same instrument. 11. PROCLAMATION AND CERTIFICATION The persons, or any of them, whose signatures are affixed to this document on behalf of their companies do proclaim, certify and affirm that they have entered into this agreement freely in accordance with the by-laws of their firm and that their signatures are genuine and that they are authorized, directed and empowered by and on behalf of their firm, and its name, to execute this contract on such terms and conditions as are stated herein. The contract shall be binding upon Rancho Cucamonga and DTA and their successors and/or assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: CONSULTANT David Turch and Associates Date Date CITY OF RANCHO CUCAMONGA A Municipal Corporation William J. Alexander Date Mayor of Rancho Cucamonga ATTEST: Debra J. Adams, City Clerk Approval as to form: City Attorney T H E C I T Y 0 F I~A N C H 0 C U CAI~I 0 N GA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Shonda Belle, Planning Aide SUBJECT: MILLS ACT AGREEMENT DRC2002-00729 - ED ESTRELLA AND LINDA ESTRELLA - A request to implement the use of the Mills Act to reduce property tax on the Cherbak House and property, a Historic Landmark, located at 9983 Hillside Road - APN: 1074-211-32. RECOMMENDATION: Authorize the Mayor to sign the Historic Property Preservation Agreement. BACKGROUND/ANALYSIS: This structure was designated a Historic Landmark on January5, 1984, by Resolution No. 84-15. The residence was found to have both architectural and historical merit. Architecturally it is constructed of local fieldstone, and is one of the few remaining buildings in the area constructed of this material still in use. Historically, it was one of five houses built by the Cherbak family circa 1921. The Cherbaks originally emigrated from Russia in 1898 to the colony of Ioamosa, later named Alta Loma, where they built the large home and established a citrus ranch. In 1917, Mr. Cherbak was invited back to Russia to publish a newspaper under Kerensky's provisional government, but because of the controversial nature of some of his articles; he was not allowed to return to the United States. In her husband's absence, Mrs. Cherbak took over the citrus operation with the help of her eight children, who also became active members in the Ioamosa/Alta Loma Community. TAX ANALYSIS: Staff estimates the annual property tax savings to the owner could be as much as $3,405.00, and the reduction in tax proceeds to the City would be approximately $136.20. The exact amounts are dependent upon the County Assessor's property valuation based on income potential and the capitalization rate at the time of assessment. CITY COUNCIL STAFF REPORT DRC2002-00729 - ESTRELLA December 18, 2002 Page 2 CONCLUSION: Approval of Mills Act Agreement DRC2002-00729 continues to be important in our efforts to provide the preservation of the community's rich cultural heritage. Respectfully Submitted, ..Brad Built "City Planner BB:SB:mlg Attachments: Exhibit "A" - Ten-Year Improvement List Exhibit "B" - Cover Memo to the Historic Preservation Commission dated December 11,2002 Exhibit "C" - Site Plan Exhibit "D"- Resolution No. 84-15 Exhibit "E"- Historic Resources Inventory CITY OF RANCHO CUCAUONGA City of Rancho Cu,camonga RECEIVED-PLANNING Historic Preservation Commission MILLS ACT AGREEMENT SUPPLEMENTAL; (To be completed by the Applicant) Potential Structure / Property Improvement Time - Line Please list the improvements which are intended to take place over the next 10 years. List them in order of owner's priority. YEAR :[ ' :IMPROVEMENT ' ' " 2oo6x'Pea.,, I I ] ce.i~ ~at I m presently the leg~ supplemental infomation on ~is Agreement. Date: T H E C T Y O F RANCHO C]JCAMONGA Memorandum DATE: December 11, 2002 TO: z,? /Chai~rhan and Members of the Historic Preservation Commission FROrv~/~ad Buller, City Planner BY:x/ Cathy Morris, Planning Specialist SUBJECT: MILLS ACT AGREEMENT DRC2002-00729 - ED AND LINDA ESTRELLA - A request to implement the use of the Mills Act to reduce property tax on the Cherbak House and property, a Historic Landmark, located at 9983 Hillside Road - APN: 1074-211-32. This memorandum is intended as informational only. Normally, staff presents a report to the Historic Preservation Commission on Mills Act 'Agreements. Mills Act Agreements must be filed with the County Assessor's Office by December 31, 2002. If the filing deadline is not met, the property owner will be delayed in receiving tax benefits for an additional year. Staff is working with this property owner to meet this deadline. To accomplish this, the Mills Act Agreement must be approved by the City Council at their December 18, 2002, meeting. Therefore, we are simply notifying the Historic Preservation Commission. Should any Commissioner have a concern or objection to this item, please call us before December 18th. The current owners of the property, Ed and Linda Estrella, are planning many improvements to the property over the next several years. One of the projects, an addition of a carriage house/garage, will require them to obtain a Landmark Alteration Permit which will be brought to you for your approval at a later time. If you should have any questions, please contact Cathy Morris, Planning Specialist, at (909) 477-2750 ext. 4306. BB:CM/jc Attachment: City Council Staff Report dated December 18, 2002 Location Map 500 ~ 000 . ~ 500 2000 Feet N RESOLUTION NO. 84-15 A P~SOLUTION OF TH~ CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, C~LIFORNIA, R~COGNIZING THE C~RBAK FAMILY HOME AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY OF RANCHO CUCAMONGA AND THHR~FOR~ DESIGNATING IT AS A CITY HISTORIC LANDMARK WHEREAS, the City Council of the City of Rancho Cucamonga, California, has adopted Chapter 2.24 of the Rancho Cucamonga Municipal Code relating to historic preservation; and WHEREAS, the Rancho Cucamonga Historic Preservation Co~lsslon has investigated the historic significance of the Cherbak Family Home and has held public hearings concerning this site in accordance with Chapter 2.24 of the WHEHEAS, the Historic Preservation Commission has found the Cherbak Family Rome to be a significant historic feature of the City, and thereby recommends it for designation has a City Historic Landmark. NOW, THE~FORE, NE IT ~ESOLVHD by the City Council of the City of The City Council finds and determines that the Cherbak PASSED, A~pROVED, and ADOPTED this 18th day of 3anuary, 1984. NOES: None ABSENT: None ATTEST: DEPARTMENT OF PARKS A~.~ ECREATION I HABS .HAER Loc SHL No. NR Status __ · UTM: A C HISTORIC RESOURCES INVENTORY 8 D IDENTIFICATION 1. Common name: Stowe House 2. Historicna_me: Cherbak Hnu~P 3. Streetorruraiaddres.i: 9983 Hillside C[ty Rancho Cucamonqa, C~lif. .Zip 917Ol ..Counw San Rprnardinn 4. Percel number: 0201-524-29 5. Present Owner: Dnnald ~ KathlPen ~t-nwP Address: qqR~ Hili~idP City Ranchn Cl)cmmnnoR Zip gl7(ll Ownershipls: Public Private 0. Present Usa: Residence Origlnal use: Residence DESCRIPTION ; 7a. Architectural st~,le: ['~/ A 7b. Briefly describe the present phy$1ca! appearance of the site or structure and describe any meior alterations from its original condition: A two story irregularly shaped structure of wood and stone construction. Medium cross gable roof with composite shingles. Eaves and rafters are exposed. 'A gable dormer is located on the north side. Several of the extensions ~rom the main structure are single Story in height. Siding material is a combination of wood shingle on the upper story and wash rock on the lower story. An exterior stone chimney is located on the north side. Windows are double hung, recessed into the walls, with a curved lintel, wide wood molding and narrow wood sills. The entrance to the structure faces to the east, with an unknown style door. A three panel glass transom is located over the doorway. Concrete steps extend straight out to a long walkway. This walkway is edged in stone. Landscaping includes mature trees. A combination wood and stone wall is parallel to the street, merging into a large privet hedge. To the rear of the structure'is a single story side able garage of stone construction. S. Construction date: Estimated Factual 19~21 9. Archi:ect _ Unknown 10. Builder Cherbak Brothers 11. Approx. proPert)/size .(in feet) Frontage_' . Depth Or approx, acreage. · 77 12. - D~e(S) Jf Ln'~losed photogra~($) 13. Con~tition: Excellent X Good __ Fair Deteriorated __ No longer in existence __ 14. Alterations: ;lone Apparent lB. Surroundings: (Check more than one if ne~ry) Open land Scattered buildings Oensely built-up X Residential X ' Industrial Commercial Other: 16. Threats to site: None known ){ Private development Zoning Vandalism Public Works project Other: 17. Is the structure: On its original site? X Moved? Unknown? 18. Related features: S,tone and wood wall located alnn~n KfY, r~mf. ~('n~lm ~fnY'~/ ct'nn~_ · garage located to the rear. SIGNIFICANCE 19. Briefly state historfcal and/or architectural importanc~ (include dates, events, and persons associated with the site.) One of five stone houses that were built by the Cherbak family, this structure was built for the Mrs. Cherbak in 1921. The Cherbaks originally emigrated from Russia in 1898 to the colony of Ioamosa, later Alta Loma. The family consisted of eight children, six boys and two girls- They built a large home and established a citrus ranc'h. In 1917, Mr. Cherbak was invited back to Russia to publish a newspaper under Kerensky's provisional government. Because of some of the articles that were published in Cherbak's newspaper, he was not permitted to return to the U.S., 'and never was his family again. Mrs. Cherbak took over the pioneer household, 'and with the help of her eight children, the Cherbak ranch grew. The Cherbaks were very active in the community, iwth the two girls becoming nurses and the six boys, Victor, Vladimir, George, Boris, Leo and Peter becoming involved in various aspects of the Citrus industry, :ranging from ranch manager to picking and packing house foremen. Locadonai sketch map (draw and label site and surrounding streets, roads, and prominent landmarks): 20. Main theme of the historic resource: (if more than one is ANORTH checked, number in order of importance.) Architecture X Arts & Leisure .. · .. Economic/industrial X Exploration/Settlement- Government Military Religion Sociai/Education 21. Sources (List books, documents, ~urveys, personal interviews and their dates). "A Field Guide to American Houses", Virginia and Lee McAl'ester; San Bernardin County Assessor Records; "The History of Alta Loma, California 1880-1980',', ~4artha Gains Stoebe. 22. Date form prepared November~ 1987 By(name) Lynn Merrill Organization Address: .... City Z~p, ·:: Phone: State of Ca[ifornia -- T~e Resour¢~ A~lency DEPARTMENT OF PARKS AND RECREATe)' MASTER FILE H, ,~3RIC RESOURCES DATA ENCODING ;SHEET NOTE: 'The numbers in parentheses indicate either the number of characters (letters, numbers, punctuation marks, spaces) that may be entered or the namber of lines that may be checked. 1, Set. No. ' 1730 _' 47' -- 10. Registration Status (1): City Zip (4) Form No. (I-4) Prop. No. (0-4) __1) listed - date (6) / / __4) may become eligible USGS Quad Map No. (4~ 2452 .[.2) determined e~i~J~e -- __5) eligible local listing year (2)- z=o~ ~6) ineligible for above 2. UTM Zone (2) __3) appears eligible ~7) undetermined * ' 11. Prope iven,egi.rationS. ,.m: B C 1) part of district D ~--2) individual property 3. Property Name: __3) both of above Common Name (30): 12. NR Class Category (1): Stowe House Historlc Name (40): I} district -- No. of properties (0-3) . 2) site Cherbak House -~Z"3) building Parcel No, (0-17) 0201-524-29 ~4) structure ~5) object 4. Address: 9983 Hi3 ] s~de 13. Other Registration (0-9) '~Jumber (0-5) Street Name (4-20) __l)Historlc Am. Big* Survey X6) Cal. Historical Landmark __2) Historic Am. Eng. Rec. _.~.7) Count,/Pt. of Hist. Interest Nearest Cross Street (0-20) X 3) National Hist* Landmark 8) Local Listing Rancho Cucamonga ~4) State Historic Park ~9) County/Regional Perk City/Town (3-20) -- 9~70! Vicinity of ~5) other Zip code (5) City/Town (~/) 14. Property Attributes: · County 3-letter designa~r (3) SBD ,-~I) unknown ~2) lake/river/reservoir 2) sing· family prop· ---23) ship S. Type of Ownership (1-7): ~3} mult family prop· --24) lighthouse --4) ancillary big, __25) amusement park 1) unknown Z 4) private 5) hotel/motel __26) monument/mural/gravestone 2) federal 5) county 6) comm. big. 1-3 st. __27) folk art 3) state · 6) ciW __ 7) comm. big. over 3 st __28) street furniture 7) special district __ 8) industrial big. __29) landscape architr. __ 9) public utility big- ~30) trees/vegetation 6. Present Use (1-6): __10) theatre .._31) urban open space ~11) engineering struct. .~32) rural open space · 1) unknown 4) private non-comm. ___12) civic auditorium __33) farm/ranch 2} commercial 5) public __13) cmnty cntr/soc, hall __34) military property '--~'3) residential 6) none ~14) government big. __35) CCC/WPA structure __15) educational big. --36) ethnic minority property 7. Year of Initial Construc~on: __16) religious big. ethnii: group (5-20) Individual Property (41. 1921 __17) R/R depot District (8) --18) train __37) highway/trail -- ----19) bridge __38) women's property ---20) canal/aqueduct --40) cemetery 8. Architect(s) (0-25): --_21) dam ' ---39) other unknown Builder(s) (0-25): Cherbak Brothers ~ 15. Architectural Plans and Specificat ons Yes X No 9,Year of Survey (2): 1987 DPF~ 660 (Rev. 12/83) R A N H O C U C A M O N G A POLICE DEPARTMENT DALE: December 18, 2002 'ID: Mayor and Members of the Rancho Cucamonga City Council ,lack Lam, A.I.C.P. City Manager FROM: Pedro Ortiz, Chief of Police SUBJECT: AUTHORIZATION TO EXPEND GRANT FUNDING IN THE AMOUNT OF $284,450 FROM THE STATE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) GRANT IN ACCORDANCE WITH THE ADOPTED BUDGET FOR FUND 354 - COPS PROGRAM - STATE. RECOMMENDATION Staff respectfully recommends that Council provide authorization to expend grant funding in the amount $284,450 from the State Supplemental Law Enforcement Services Fund (SLESF) Grant in accordance with the adopted budget for fund 354 - COPS Program Grant - State. BACKGROUND/ANALYSIS This is the second fiscal year the city has been receiving the State Supplemental Law Enforcement Services Fund (SLESF) Grant. To comply with Government Code section 30061- 30065 (SLESF reporting requirements), the recipient agency shall establish an approved expenditure plan to be approved by the governing board of that agency. The approved expenditure plan must be submitted to the Supplemental Law Enforcement Oversight Committee prior to the transfer of funds to the recipient agency. The Council authorization requested above is to comply with the SLESF reporting requirements. TH E C I T Y OF RANCHO CUCAMONGA StaXaq DATE: December 18, 2002 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: lngrid Y. Brace, GIS/Special Districts Supervisor SUBJECT: APPROVAL FOR ANNUAL GEOGRAPHIC INFORMATION SYSTEMS (GIS) SOFTWARE MAINTENANCE BETWEEN THE CITY OF RANCHO CUCAMONGA AND ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE (ESRI) IN THE AMOUNT OF $22,257 TO BE FUNDED FROM GENERAL FUND, ADMINISTRATIVE SERVICES DEPARTMENT, GIS DIVISION 1001~ 207-5300 RECOMMENDATION: It is recommended that City Council approve thc annual Geographic Information Systems (GIS) software maintenance between thc City of Rancho Cucamonga and Environmental Systems Research Institute (ESRI) in thc amount of $22,257 to be funded from General Fund, Administrative Services Depa~iment, GIS Division 1001-207-5300. BACKGROUND: In 1985, City Council approved the purchase of very specialized software for managing geographic data spatially. The early introduction of this software in the organization has propelled thc City into becoming one of the leaders in successfully implementing and maintaining GIS on a citywidc level. Master License Agreement No. 2000MLA4585 between the City and ESRI was approved by City Council on May 1, 2002. Each year, the software maintenance must be renewed with ESRI for a period of 12 months. Staff recommends approving the renewal for the ongoing maintenance effective October 2002 through October 2003. The software maintenance may be renewed for 1-year periods up to a maximum of 5 years. Respectfully submitted, Lawrence I. Temple Administrative Services Director R A N C H 0 C U C A M O N G A 1~ NG IN EI~I~ IN G L~E D^I~T~II~ T DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 15912, SUBMITTED BY RYLAND HOMES OF CALIFORNIA, INC., A DELAWARE CORPORATION, LOCATED ON THE WEST SIDE OF EAST AVENUE, NORTH OF BASE LINE ROAD RECOMMENDATION: The required improvements for Tract 15912 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 15912, located on the west side of East Avenue, north of Base Line Road, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Ryland Homes of Califomia, Inc., a Delaware Corporation 5740 Fleet Street, Suite 200 Cadsbad, CA 92008 Release: Faithful Performance Bond B2983686 $962,000.00 Accept: Maintenance Bond 103737627M $ 96,200.00 Re ctfully ub ~ f ,,,~llia r~.,~,,Neil ,~°' , City Engineer WJO:LRB:Is Exhibit A (Continued) CITY OF <~O RANCHO CUCAMONGA ITEM: Tract 15912 ENGINEERING DIVISION A - 2 TITLE: Annexation to SLD #1 and SLD #8 RESOLUTION NO. 02- ~'2 / A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 15912 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 15912, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, be it resolved, 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. R A N C H O C U C A M O N G a ENGINEERING DE PARTI~IE N t Sta rt DA'I~_: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lucinda Hackett, Project Manager~,__.~., Richard Oaxaca, Engineering Tech '~ae~ SUBJECt: ACCEPT THE CONSTRUCTION OF THE LOCAL STREET REHABILITATION- SLURRY SEAL OF VARIOUS STREETS, CONTRACT NO. 02-044 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $489,938.06 RECOMMENDATION: It is recommended that the City Council accept the construction of the Local Street Rehabilitation- Slurry Seal of Various Streets, Contract No. 02-044 as complete, authorize the City Engineer to file a Notice of Completion, accept a Maintenance Bond, release the Faithful Performance Bond, authorize the release of the Labor and Materials Bond in the amount of $490,185.10 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 $48,993.81, 35 days after acceptance. Also, approve the final contract amount of $489,938.06. 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 $489,938.06, which included one contract change order resulting in a change in the original contract amount of minus 0.05%. The original amount approved by Council was $539,203.61 ($490,185.10 plus 10%). Re~sBec_tfu!l~ S,L~b .m,j~,~ t City Engineer WJO:LH/RO:Is Altachrnents LOCATION MAP UPI~VD RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOCAL STREET REHABILITATION-SLURRY SEAL OF VARIOUS STREETS, CONTRACT NO. 02-044 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Local Street Rehabilitation-Slurry Seal of Various Streets, Contract No. 02-044, 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. R A N C H O C U C A M O N G A ~ NGIN E E E~IN G DE PAI~T~I~ N T DALE: December 18, 2002 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry Dyer, Project Manager Richard Oaxaca, Engineering T~chnician.~ SUBJECT: ACCEPT THE ARROW ROUTE FROM HELLMAN AVENUE TO WEST OF ARCHIBALD AVENUE, AND HELLMAN AVENUE FROM ARROW ROUTE TO SOUTH OF FOOTHILL BOULEVARD LANDSCAPE IMPROVEMENTS, CONTRACT NO. 02- 048 AS COMPLETE, RETAIN THE PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $229,075.00 RECOMMENDATION: It is recommended that the City Council accept the Arrow Route from Hellman Avenue to west of Archibald Avenue, and Hellman Avenue from Arrow Route to south of Foothill Boulevard Landscape Improvements, Contract No. 02-048, as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a guarantee bond for one year, authorize the release of the Labor and Materials Bond in the amount of $229,000.00 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 $22,907.50, 35 days after acceptance, less $1,200.00 that will be retained by the City for liquidated damages as a result of exceeding the contract time by 4 working days. Also, approve the final contract amount of $229,075.00. 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 $229,075.00, which included two contract change orders resulting in a change in the original contract amount of 0.03%. The oJ'Lqinal amount approved by Council was $251,900.00 ($229,000.00 plus 10%). City Engineer VICINITY MAP ARROW ROUTE FROM HELLMAN AVENUE TO W/O ARCHIBALD AVENUE, AND HELLMAN AVENUE TO S/O FOOTHILL BOULEVARD LANDSCAPE IMPROVEMENTS PROJECT LOCATION Hillside Banyan; t- Route 30 ;l~der construction) ,land Ay t0 Freew_~_. 4th St EXHIBIT "A" RESOLUTION NO. ~) ~.."' ,.~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ARROW ROUTE FROM HELLMAN AVENUE TO WEST OF ARCHIBALD AVENUE, AND HELLMAN AVENUE FROM ARROW ROUTE TO SOUTH OF FOOTHILL BOULEVARD LANDSCAPE IMPROVEMENTS, CONTRACT NO. 02-048 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Arrow Route from Hellman Avenue to west of Archibald Avenue, and Hellman Avenue from Arrow Route to South of Foothill Boulevard Landscape Improvements, Contract No. 02-048, 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. [~ a N C h O C U C a M O N G A ENGINEERING DEPARTMENT a RepOl DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lucinda Hackett, Associate Enginee{,"~ Richard Oaxaca, Engineering TechniCl'~-~.;~ SUBJECT: ACCEPT THE LOCAL STREET PAVEMENT REHABILITATION-OVERLAY Of VARIOUS STREETS, CONTRACT NO. 02-071 AS COMPLETE, APPROVAL TO APPROPRIATE $23,800.00 TO ACCOUNT NO. 11703035650/1022170-0 FROM GAS TAX 2105/PROPOSITION 111 FUND BALANCE, RETAIN THE PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $431,350.91 RECOMMENDATION: It is recommended that the City Council accept the Local Street Pavement Rehabilitation-Overlay of Various Streets, Contract No. 02-071, as complete, approval to appropriate $23,800.00 to Account No. 11703035650/1022170-0 from Gas Tax 2105/Proposition 111 fund balance, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a guarantee bond for one year, authorize the release of the Labor and Materials Bond in the amount of $354,405.80 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 $43,135.09, 35 days after acceptance. Also, approve the final contract amount of $431,350.91. 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 $431,350.91, which included three contract change orders resulting in a change in the original contract amount of 21.71%. The original amount approved by Council was $389,846.38 ($354,405.80 plus 10%). ~,1~,. _ ctfu, y..,~ ~ mi.t~/ / /' William J. O'Neil City Engineer 97 LOCATION MAP i tir'"~,-~',~% ........ ~' - t-' ..... -"--'~,': ............ 'T"-"'~ \ "~ MAP 4 X . ' ~- ~~ ~'-- ~ '~ ~ ~, ~ '~ ,?~~ ~='~ I~' ~ ONTARIO  TO BE O~R~Y 0.10' ~P~T RUBB~ H~ BIX ~R,H~,) ~Y  CI~ OF R~CHO CUCAMONGA ~ ~ 2002~03 PAYMENT RE~I~TATION RESOLUTION NO. ~)~..- ,,.~Z ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOCAL STREET PAVEMENT REHABILITATION-OVERLAY OF VARIOUS STREETS, CONTRACT NO. 02-071 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Local Street Pavement Rehabilitation-Overlay of Various Locations, Contract No. 02-071, 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 o~ 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. THE CITY OF I~AN C H 0 C U CAH 0 N C.A Slaff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Associate Planner SUBJECT: CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16157- LEWIS APARTMENT COMMUNITIES -The appeal of the Planning Commission decision to approve a request to subdivide 60.17 acres of land into ten lots for in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High 24-30 dwelling units per acre) Residential Districts, within the Terra Vista Community Plan on Lots 1-9 of Tentative Tract Map SUBTT16157, located on the northwest corner of Church Street and Terra Vista Parkway -APN: 227-151-30. Staff has prepared a Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT/DESIGN REVIEW DRC2001-00791 - LEWIS APARTMENT COMMUNITIES - The appeal of the Planning Commission decision to approve a request to construct 677 apartments on 39.6 acres of land in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts within the Terra Vista Community Plan, located on the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. 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 Tentative Tract and Development/Design Review applications. BACKGROUND: The applicant conducted neighborhood meetings on August 7, 2002 (which was attended by two residents), and November 7, 2002, (which was attended by three residents). The City advisory committees reviewed the project in June and again in September. Modifications were made to the project design based upon recommendations of the Design Review Committee. The Planning Commission conducted a public hearing to consider Tentative Tract Map SUBTT16157 and Development/Design Review DRC2001-00791 on October 23, and continued the item to the November 13, 2002, meeting at the request of the applicant (Exhibit "F"). Several residents cited their concerns about the project during the public hearing, and staff has received letters addressed to both the Planning Commission and City Council through the course of the public comment period. A petition containing 82 signatures was submitted on October 23, 2002, and the same petition was resubmitted on CITY COUNCIL STAFF REPORT SUB'l-i'16157 AND DRC2001-00791 - LEVVIS APARTMENT COMMUNITIES December 18, 2002 Page 2 November 13, 2002, containing 75 additional signatures. The issues identified in the correspondence and the public testimony primarily focused on the density of the proposed project, increased traffic, and concerns of increased crime and neighborhood safety. The petitioner, Ms. Shaunna L. Lee, filed the subject appeal in a timely fashion on November 21,2002 (Exhibit "A"). ANALYSIS: The appellant poses the following points in her appeal: "The increase in traffic congestion in the immediate area was not reconciled." Standard circulation system improvements that are required of this project as a condition of development include the following: · Completion of the project frontage street improvements along Church Street and Terra Vista Parkway (curb, gutters, sidewalks, streetlights, signing/striping, median islands, etc.) · Provision of traffic signals at the intersections of Church Street and Malaga Drive, and Terra Vista Parkway and Mountain View Drive. The proposed development is located within the master planned community of Terra Vista. An Environmental Impact Report was certified for Terra Vista that carefully analyzed future traffic volumes based upon the Land Use Plan. The community plan designed streets accordingly to handle the traffic volumes. Traffic along major streets was also analyzed as part of the Environmental Impact Report for the 2001 General Plan Update, adopted by the City Council on November 17, 2001. In addition, the project environmental review conducted in the determination for Mitigated Negative Declaration included the preparation of a Traffic Impact Analysis (TIA). The report was prepared to satisfy the requirements of the County of San Bernardino Congestion Management Program (CMP), as well as the requirements for disclosure of potential impacts and mitigation measures as required by the California Environmental Quality Act (CEQA). The report analyzed the following: · Existing traffic conditions · Project-related traffic impacts associated with the proposed project (677 apartment units), as well as future buildout of the 60.17-acre site · Provide long-range traffic forecasting to the year 2020 The TIA also specifically addressed levels of services within the following intersections: Milliken Avenue and Base Line Road, Milliken Avenue and Foothill Boulevard, Milliken Avenue and Arrow Route, Milliken Avenue and 4th Street, Rochester Avenue and Base Line Road, Rochester Avenue and Foothill Boulevard, Malaga Drive and Chumh Street, and Mountain View Drive and Terra Vista Parkway East. The TIA takes into consideration the improvements that will be provided by development of the proposed project in determining impacts to the surrounding roadway system. As a result, the TIA did not identify any additional mitigation measures that would be necessary at buildout of the proposed 677 apartment units. However, the TIA does recommend improvements that should occur by year 2020, including the addition of northbound and eastbound through lanes at Milliken Avenue and Arrow Route, and the addition of a southbound left-turn lane and eastbound right-turn lane at Milliken Avenue and 4th Street. The city collects Development Impact Fees at the time building permits are issued in order to be prepared for such future improvements citywide. /o/ CITY COUNCIL STAFF REPORT SUBTT16157 AND DRC2001-00791 - LEWIS APARTMENT COMMUNITIES December 18, 2002 Page 3 No further traffic and circulation improvements were deemed necessary or justified based on information received during public comment and public testimony. "Information citizens received from the Rancho Cucamonga police regarding crime in apartments as opposed to crime in single-family neighborhoods in Rancho Cucamonga was not seriously considered." No specific information was presented to the Planning Commission nor included in the appeal. Chief of Police, Pedro Ortiz, has indicated in the attached Memo dated December 2, 2002, that as population increases within the community, calls for police services in general will also increase. This holds true whether the development is single-family homes or apartment dwellings. The Police Chief adds that the development of the proposed project will not significantly impact the delivery of police services within the community. Rancho Cucamonga has consistently been ranked as one of the safest cities of its size in the nation according to the FBI Uniform Crime Index; and, according to a special study of Law Enforcement Services in Rancho Cucamonga dated January 2001 (a special study prepared in conjunction with the General Plan Update), despite the City's growth, there has been a marked decrease in major crimes including, homicide, robbery, rape, assault, and theft since 1994. The City programs devoted to community safety have been modified to include more crime prevention and education programs, teen intervention, and the addition of School Resource Officers, thereby increasing the effectiveness of crime prevention and community awareness. The Police Department also maintains several satellite offices throughout the City, with one located at Terra Vista Town Center. The satellite office allows the deputies within a given beat to have a place to work on reports and other non-patrol business without the leaving their patrol area, thereby remaining more accessible and more visible to the community. "No data was presented to prove that our home values would not decrease if apartments were built close to our property." Neither the appellant nor ahy of the residents have submitted any studies demonstrating that the proposed project would decrease property values. To the contrary, single-family home values have steadily increased in the Terra Vista Planned Community since its grand opening in 1984. Since the early phases of development within Terra Vista, the apartment neighborhoods have co-existed alongside the single-family neighborhoods. Through the consistent requirement for high standards of architectural and site design, and the successful implementation of the park, trail, and greenway system, the community continues to be a desirable residential neighborhood as evidenced by the continued strong housing sales in all the newest housing products with the community, including the current sales in single-family homes, attached and detached condominiums, and rental apartments. The Terra Vista Planned Community was approved by the City Council in 1983, envisioned as a residential community that features a mix of densities in order to accommodate residents of many income groups and lifestyles. Over the nearly 20 years since the adoption of the community plan, Terra Vista has evolved true to the goals of the original plan, with housing densities ranging from Low-Medium Density (4-8 dwelling units per acre) to High Density (24-30 dwelling units per acre); along with a business park, a medical center, as well as both neighborhood retail centers within the community, and major retail and commercial development opportunities focused along Foothill Boulevard. "The birds of prey in the area would be endangered. This would raise rodent (and blackbird) populations that are hazardous to humans." CITY COUNCIL STAFF REPORT SUBTT16157 AND DRC2001-00791 - LEWIS APARTMENT COMMUNITIES December 18, 2002 Page 4 The project site does not contain any trees that provide roosting for birds of prey. Although the site was historically in vineyard cultivation, the site was cleared in 1984 when much of Terra Vista was mass- graded; since that time annual disking for weed reduction has occurred. A drive through Terra Vista will reveal that large hawks and similar birds of prey typically use the streetlights as roosting locations overlooking both vacant parcels, as well as the developed open spaces. Although the development of the proposed project will eliminate approximately 40 acres of undeveloped open space, these birds that have become adapted to urban uses will continue such roosting practices. As the appellant has noted, the disturbance of any undeveloped parcel will cause the temporary fleeing and displacement of rodents onto adjoining parcels. This is a temporary occurrence as the result of development, and is not isolated to this pamel. SUMMARY: The proposed project consists of the Tentative Tract Map and the accompanying Development/Design Review application for 677 apartment dwellings. The proposal does not include any land use changes to land use designated by the community plan. The existing land use designations over the site include Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential within the Terra Vista Community Plan. Higher density residential development, such as the proposed project, are best accommodated within a planned community where the anticipation of the highest densities have been appropriately located nearest to the commercial opportunities and employment centers along Foothill Boulevard, thus buffering single-family residents from the areas cf increased noise and activity. The overall project density of the 39.6 acres is 17 dwelling units per acre. CORRESPONDENCE: As required by state law, this item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper and notices were mailed to all property owners within a 300-foot radius of the project site. To encourage maximum public participation in the planning process for this project, the City went beyond the state requirements and provided additional notification. A large 4 x 8- foot Notice of Filing sign was posted on the property upon which public hearing notices were conspicuously posted. The developer provided notice and conducted two neighborhood meetings. Bra~CBuller '~ City Planner BB:KC\ma Attachments: Exhibit "A" - Appellant's Letters dated November 21,2002 Exhibit "B" - Memorandum from Chief of Police dated December 2, 2002 Exhibit "C"- Planning Commission Staff Report dated November 13, 2002 Exhibit "D"- Planning Commission Resolution 02-107 Exhibit "E"- Planning Commission Resolution 02-108 Exhibit "F"- Planning Commission Minutes dated November 13, 2002 Exhibit "G"- Petition presented to the Planning Commission on November 13, 2002 Draft Resolution to Deny Appeal for Tentative Tract Map SUBTT16157 Draft Resolution to Deny Appeal for Development Review DRC2001o00791 /05 Shaurma L. Lee 7529 Hardy Avenue v, ancho Cucamong . CA 91730 411¥ ~ ~,~1-~0 COCAMON~ November 2 ], 2002 CITY CLERK Debra Adams City Clerk 10500 Civic Center Drive 'Rancho Cucamonga, CA 91729 Dear Ms. Adams: On November 13, 2002 a group of citizens stood before the City Planning Commission at a Public Hearing. We spoke to the issue of building 677 apartments on the northwest corner of Church and Term Vista Parkway (Tract Map SUBTT 16157). The planning commission apparently felt there were no good reasons for voting against granting a permit for building apm talents on that land. We felt that there were still issues that were not completely addressed at that meefng. We ask that the City Council reconsider the matter for the following reasons. The increase in traffic congestion in the immediate area was not reconciled. Information citizens received from the Rar~cho Cucamonga police regarding crime in apmhuen~s as opposed to crime in single family homes in Rancho Cucamonga was not seriously considered. No data was presented to prove that our home values would not decrease if apartments were built close to our property. The birds of prey in the area would be endangered. This would raise rodent (and blackbird) populations that are b~7~rdous to humans. These are a few of the issues that concerned the homeowners of the area adjacent to the property in question. One hundred and fifty-six citizens in the area have signed a petition asking that apartments not be built on that land. We ask the City Council to allow us to address tliem at their meeting. Sincerely, ..... Shannna L. Lee Enclosure: Check 'iq* / R a N C H O C U C A M O N G A POI~ICE D I~ P^ l~f ~ I~N T Memorandum DATE: December 2, 2002 TO: BRAD BULLER, City Planner FROM: PEDRO ORTIZ, Chief of Police~ll~'O SUBJECT: APPEAL OF PLANNING COMMISSION APPROVAL OF TENTATIVE TRACT 16157 IN TERRA VISTA The official position of the Police Department is there ~s no statistical data or crime analysis tool to subjectively argue that the proposed apartment housing development will in anyway have an impact on crime within the community. The only conclusive impact that could be forecast is as population increases, police services in general will relatively increase. This! assumption holds true whether the housing development is that of an apartment complex or that of single-family dwellings. Therefore, it is the Police Department's position'that the approval of tentative tract 16157, the apartment housing development, in Terra Vista will not significantly impact the delivery of police services within the community. THE CITY OF t~ A I~,C H 0 CI~CAIqONGA DATE: November 13, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planne~' BY: Debra Meier, AICP, Contract Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUB'I'r16157 - LEWIS APARTMENT COMMUNITIES - A proposed subdivision of 10 lots on 60.17 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 ' dwelling units per acre), and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan, located at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. Related File: 'Terra Vista Community Plan Amendment DRC2002-00533. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00791. - LEWIS APARTMENT COMMUNITIES - The Design Review of 677 dwelling units on 39.6 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan on Lots 1-9 of Tentative Tract Map SUBTT16157, located at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. Related Fire: Terra Vista' Community Plan Amendment DRC2002-00533. PROJECT STATUS: This project was continued from the October 23, 2002, Planning Commission meeting at the request of the applicant. A correction to the Environmental Mitigation Measure pertaining to Transportation improvements has been included in the attached Resolutions of Approval and the Mitigation Monitoring Checklist. No other changes to the project application or recommended conditions have occurred in the interim. Following the continuation of the project from the October 23, 2002, meeting, the residents in the surrounding neighborhoods have organized an 6pposition to the project. A petition signed by 82 residents was presented to the Commission on the evening of the 23rd, prior to the motion to continue being taken. Since then, staff continues to receive letters in opposition from residents in the surrounding area. Vadous City officials received four variations of a form letter from approximately 20 households at the time of the publishing of the staff report. A complete listing of the households that sent in a letter or letters is attached with a sample of each of the four letter variations (Exhibit "C"). The applicant held a neighborhood meeting on August 7, 2002, which was attended by 2 residents. A second neighborhood meeting is scheduled for November 7, 2002. PLANNING COMMISSION STAFF REPORT SUBTI'16157 and DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002' Page 2 SUMMARY,: The project consists of a Tentative Tract Map and an accompanying Design Review application for 677 apartment dwellings. The proposed project does not include a land use change or amendment to the Terra Vista Community Plan. The existing land use designations are Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre). Residential. within the Terra Vista Community Plan and the General Plan. The overall project density is proposed at 17 dwelling units per acre, ANALYSIS: The petitioners (Exhibit "B") expressed concern about crime. In their letters of opposition (Exhibit "C") mailed to various City officials, .the surrounding residenta also rai~',e concerns about traffic and school impacts. 1. Crime Increase - Residents believe that apartments will increase ,the crime rate'of the neighborhood and decrease property values. No evidence to support this claim was submitted. Staff is not aware of any Police Department studies that conclude crime rates are higher in apartment areas. Likewise, staff is not privy to any scientific study regarding ' 'the economic impact of new apartments upon property values. The proposed development is located within Terra Vista, a master planned community characterized by a wide range of housing product. There are more than a half dozen apartment projects within Terra Vista. The Terra Vista Community Plan promotes a mix of housing types and densities: "One of the goals of the Rancho ,Cucamonga General Plan is to provide accommodation for the full range of housing types serving all income groups. In Terra Vista, this goal is reflected in the neighborhood units, where provision has been made for housing densities ranging from Iow-medium to high-density. Physically, this translates into building types ranging from single-family housing through high-density multi-family housing, with the full range of opportunities for cluster, duplex, townhome, and other housing configurations in between. W'Y~h this vadety, people from many income groups and of diffedng lifestyles can enjoy living in~and can afford housing in--Terra Vista.' The proposed project is located within a neighborhood that the Terra Vista Community Plan envisioned for higher densities for compatibility with the commercial development along Foothill Boulevard. Higher density is appropriate near the employment and commercial centers found along Foothill Boulevard. The proposed project location is within the interior of the neighborhood, adjacent to the Greenway and parks consistent with the Terra Vista Community Plan to insulate lower density areas from higher density areas and placas important open space near the greatest num~ber of residents. 2. Traffic Increase - Any development of the subject property will increase traffic on Terra Vista Parkway and Church Street. The proposed development is located within the master planned community of Terra Vista. An Environmental Impact Report was certified for Terra Vista that carefully analyzed future traffic volumes based upon the land use plan. The master plan designed streets accordingly to handle the traffic volumes. The proposed project is consistent with the land use density adopted for the subject property. In addition, a detailed traffic study was prepared that specifically addresses the impacts of this project on street intersections. The results of that study are summarized in the attached Initial PLANNING COMMISSION STAFF REPORT SUBTT16157 and DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002, Page 3 Study. As mitigation, a traffic signal will be installed by this development at the Church Street/Malaga Drive intersection. In addition, this development will be required to contribute their fair share fees for improvements to certain streets. 3. School Impacts - Both the Chaffey Joint 'Union High School District and the Etiwanda School District were contacted dudng the review of this project. The school districts were involved in the master planning of the Terra Vista Community Plan and determined their school site needs based upon anticipated land uses: As the planned community has developed over time since the mid-1980S, the developer has built far fewer homes than originally projected; therefore, reducing the number of students and impact upon schools. To address the school impacts, the State of California has enacted a law requiring developers to pay school impact fees to the districts to construct or expand school facilities. The school districts are obligated by the law to accept new students if impact fees are paid by the develoPer. RECOMMENDATION: Staff recommends that the Planning Commission approve the issuance of a Mitigated Negative Declaration and adopt the attached Resolutions of Approval for, Tentative Tract Map SUB3-1'16157 and Development Review DRC2002-00791. o City Planner BB:DIv~rna Attachments: Exhibit "A" - Planning Commission Staff report dated October 23, 2002 Exhibit "B" - Petition received by the Commission on October 23, 2002 Exhibit "C" - Sample of letters of opposition and listing of households Draft Resolution of Approval for Tentative Tract Map SUBTT16157 .... Draft ResolufionefApprova! for Development Review DRC2001-00791 THE CITY OF 1~ A N, C 1{ 0 CUCAI~ONGA DATE: October 23, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Contract Planner SUBJECT: ENVIRONMENTAL ASSESSMENT 'AND TENTATIVE TRACT MAP .... SUBTT16157 - LEWIS APARTMENT COMMUNITIES - A propo, sed subdivision of 10 lots on 60.17 acres in the Medium (8-14 dwelling units per acre), Medium- High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan, located at the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. Related Files: Development Review DRC2001r00791 and Terra Vista Community Plan Amendment DRC2002-00533. Staff 'has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00791 - LEWIS APARTMENT COMMUNITIES - The Design Review of 677 dwelling units on 39.6 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre) Residential. Districts of the Terra Vista Community Plan on Lots1-9 of Tentative Tract Map SUBTT16157, located at the northwest corner of Church Street and Terra Vista Parkway - APN: 227-151-30. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Proiect Density: 17 dwelling units per acre B. Surround n.q Land Use and Zonin.q - Terra Vista Community Plan: North Low-Medium (4-8 dwelling units per acre) and Medium (8-14 dwelling units per acre) Residential South - Medium-High (8-14 dwelling units per acre), Low-Medium (4-8 dwelling units per acre) Residential, and the Mixed-Use District MHO (hospital, office, and related facilities with a High Residential component) East Low-Medium (4-8 dwelling units per acre) West - Recreational Commercial and Park PLANNING COMMISSION STAFF REPORT SUB'I-I'16157 and DRC2001-00791 - LEWIS APARTMENT COMMUNITIES October 23, 2002 ' ~ Page 2 C. General Plan Desi.qnations: Project Site - Medium (8-14 dwelling units per acre), Medium-High (14-24 dwell!ng units per acta), and High (24-30 dwelling units per acta) Residential North - Low-Medium (4-8 dwelling units per acre) and Medium (8-14 dwelling units per acre) Residential .South- Medium-High (8-14 dwelling units per acre), Low-Medium (4-8 dwelling units per acta) Residential, and the Mixed-Use East - Low-Medium (4-8 dwelling units per ~cra) West - General Commercial and Open Space D. Site Characteristics: Improved streets, including Terra Vista Parkway along the east boundary, and Chumh Street along the southern boundary form the site perimeter. The East Greenway Trail forms the northern boundary of the site. The site slopes gently from north to south at approximately 2 pement gradient. The site is covered with scrub vegetation and non-native grasses, which ara disturbed annually for weed control. Thera are no unique features, nor any existing structures or trees on-site. E. Parkinq Calculations: Required Parking: One Bedroom Units: 410 X 1.5 spa(~e~unit = 615 Two Bedroom Units: 187 X 1.8 spaces/unit -- 337 Three Bedroom Units: 80 X 2.0 spaces/unit = 160 Guest Parking: 677 X 0.25 spaces/unit -- 170 Total Parking Required: 1,282 (including at least 556 within garages) Parking Provided: Total Number of Spaces Provided: 1,347 (including 866 within garages) ANALYSIS: A. General: Tentative Tract Map SUBTT16157 is the single largest remaining piece of undeveloped property within the Terra Vista Planned Community. The site is located in the southeast quadrant of the Community Plan, at the northwest corner of Church Street and Terra Vista Parkway, with the East Greenway Trail forming the north boundary of the · site. The related Development/Design Review lille (DRC2001-00791) pertains to only a 39.6-acre portion of the overall site. Site Plan: The applicant has designed a site plan focused on a formal semi-circular route radiating away from the central recreation facility. A grid pattern of common open space provides connections from recreational amenities within the project, to recreational opportunities on the perimeter of the site, including Milliken Park, Mountain View Park, and the East Greenway Trail system. The site will be gated, with entry on both Church Street and Terra Vista Parkway. The focus of the project is the 14,000 square foot multi-use //D PLANNING COMMISSION STAFF REPORT SUB'I-r16157 and DRC2001-00791 - LEWIS APARTMENT COMMUNITIES October 23, 2002 Page 3 recreation building and central private open space site that also includes a Kids Club (for after-school activities), tot lot, wading p(~ol, po01/spa,' tennis court, and entertainment patio. Other appropriate amenities are distributed in ke.y locations throughout the project. Density: The parcel is presently designated High Residential (24-30 dwelling units per acre), 'Medium-High Residential (14-24 dwelling units per acre), and Medium Residential (8-14 dwelling units per acre), of the Terra Vista Community Pla, n (TVCP); a calculation project density is summarized below: . , 36.26 acres at Medium 14 X 36;26 = 507 DUs 12.79 acres at Medium-High 24 X 12.79 = 307 DUs 11.06 acres at High 30 X 11.06 = 330 DUs. ,, 60.00 Acres Total Total: 1,144 DUs Average density of the complete project site is 19.0 dwelling units per acre. The Development/Design Review Application (DRC2001-00791) includes 39.62 acres, which is 66 percent of the area included in the Tentative Tract Map (Lots 1-9). The greatest portion of the current project is included'in the Medium portion of the site. The current project density is 17 du/ac, which includes 59 percent of the total number of. dwelling units. Amenities: The proposed project of 677 multi-family dwelling units must provide a total of 25 amenities throughout the project for the recreation and enjoyment of the residents. The proposed project includes the following amenities, including the points staff has assigned to. each amenity: Ameni~: Points: Recreation Building (14,000 SF) 5 Kids Club 1 Tot Lots (total 3) 3 Pool/Spa/Deck 3 Wading Pool 1 Entertainment Patio 2 Tennis Court 1 Open Turf Play (total 4) 4 BBQ nodes/benches 2 Looped pathways/resting nodes 2 Tricycle path 1 TOTAL: 25 III PLANNING COMMISSION STAFF REPORT SUBTT16157 and DRC2001-00791 - LEWIS APARTMENT COMMUNITIES October 23, 2002 , . Page 4 Buildinq Types: The project includes four basic building types, which are provided in nine different building configurations. Units range in size from over 2,000 square feet for some of the townhome units to approximately 700 square feet for an apartment style unit. ~ Building Types 2/3 and 5/6 ara townhomes with a private rear yard space separating the dwelling from the garage, and Building Types 3 and 5 features the aparb-nent style flats over the garages. The Building Type 2/3 and 5/6 combination, features a single-story element used on the ends of some buildings. Building Types 4 and 7 are the traditional townhome with an attached garage. All private open space is provided by the front porch and front yard area. Individual townhome units will reflect some level of individuality through the porch element and the front yard landscape design. It is primarily Building Type 7 that is used along the perimeter streets facing Church Street and Terra Vista Parkway. Building Types 8, 9, and 10 reflect the traditional apartment style building, with some units having access directly to either a 1- or 2-car garage. Building Types 8 and 9 are the most dominantly used building types in the project. Private open space is provided by the use of the traditional patio and/or balcony. The standards associated with the various dwelling unit types will apply accordingly in the proposed development. For example, the townhome structures comply with the Medium (M) standards, while the more standard apartment style structures comply with the Medium-High (MH) and High (H) standards pertaining to the provision of private open space. B. Desi.qn Review Committee: The Design Review Committee reviewed the project on June 18, 2002, (McNeil, Steward, Fong), and September 17, 2002, (McNeil, Stewart, Coleman). At the initial Design Review Committee meeting in June, the Committee reviewed the various components of the project including site planning, open space, landscaping, and building elevations. The Committee discussion, in particular, focused on the refinement of the building elevations and amhitectural details, the provision of private open space for the traditional townhome units to meet the Medium standards, and the Terra Vista community Plan Amendment pertaining to the trail alignment (DRC2002-00533). The Committee directed the applicant to return to address the amhitectural detailing of the raar elevation of Building Types 2/3 and 5/6, and to address the private open space areas in the front of the townhomes with a greater degree of variety and creativity. The Committee reviewed these revisions on September 17, 2002, and was satisfied that the applicant understood the expectations of the Committee with final review to be conducted by staff. C. Technical Review Committee: The Technical Review Committee reviewed the project on June 19, 2002. All requirements of the Committee are included as Conditions of Approval and ara included in subsequent plan revisions. The Grading Committee conceptually approved the project at its regularly scheduled meeting on June 18, 2002. 112- PLANNING COMMISSION STAFF REPORT SUB~-I'16157 and D,RC2001-00791 - LEW!S APARTMENT COMMUNITIES October 23, 2002 Page 5 D. Environmental Assessment: An Initial Study was prepared for the project. In addition, the following studies were necessary to add~ess potentially significant issues: · Acoustical Analysis - To address noise along .Terra Vista Parkway and Chumh Street. · Congestion Management Plan Traffic !mpact Analysis - To address the potential circulation impacts associated with the development of the proposed project.. The report satisfies the requirements for a Traffic Impact Analysis (TIA) established I~y the San Bemardino County Congestion Management Program (CMP), as well as discloses potential impacts and mitigation measures for this Initial Study .in accordance with the California Environmental Quality Act (CEQA). · Water Supply Assessment was prepared by Cucamonga County Water Distdct - To address the requirements of Water Code Section 10910 (SB 610 and SB 221), .... pertaining to the size of the proposed .project. Mitigation is included in the attached resolutibn to address impacts to water resoumes (erosion control and storm water pollution prevention), air quality, traffic, and noise. 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 that the Planning Commission approve the issuance of a Mitigated Negative Declaretion and adopt the attached Resolutions of Approval for Tentative Tract Map SUBTI'16157 and Development Review DRC2001-00791. City Planner BB: DlVl/jjc Attachments: Exhibit 'A' Location Map ~ Exhibit 'B" - Site Plan Exhibit 'C" - Landscape Plan Exhibit "D" Grading Plan Exhibit 'E" Building Elevations Exhibit "F" - Floor Plans Exhibit "G" Tentative Tract Map Exhibit "H" Design Review Committee Minutes Exhibit "l" Initial Study Draft Resolution of Approval for SUB'I-r16157 Draft Resolution of Approval for DRC2001-00791 11..3 FOR CONDOMINIUM PURPOSES  '~" SITE UTILIZATION MAP  .~ TENTATIVE TRACT NO. 16157 (~ TERRA VISTA RANCHO CUCAMOMGA, CA. MASTER SITE PLAN P~SE 1 BULLDOG SUM~Y ~RE / ~E 2 ~y ~ ~N SPACE HOMECOMING at TER~ VISTA, L~S ~ ~NG ~. ' /~/ FOR CONDOMINIUM PURPOSES HOMECOMING ~o~.~ ~^~ ~ TE~A VISTA TE~ATI~ ~ ~ ~TRACT NO. 16157 A-.~ ~CHO ~C~OMOA, CA. HOMECOMING .~ ~ TE~ VISTA TENTATIVE TRACT N0. 16157 ~-~ (co-z) ~NCHO ~CAMOMG~ CA. ~~ MA~ · ~soc,~. ,NC. FOR CONDOMINIU~ PURPOSES ~ TERRA VISTA TENTATIVE TRACT NO. 16157 A-~g ma-a) RANCHO CUCAMOMGA, CA. .I~A~~ ...... '- M.~O~{I & A~SO~IATES. INC. LEFT ELEVATION - BI. DG, TYPES2& 3 REAR ELEVATION - BLDG. TYPE3 HOMECOMING .... at TERRA VISTA, ~vc,oc~ CALIFORNJ4 BUILDING TYPES-2 8, 3 _ LEWIS OPERATING CO~'. - - ,aRCHITECTS ORANGE LEFT ELEVATION REAR ELEVATION HOMEGOMING at TERRA VISTA, ~~c. ocuc.~MO~C~ c~,Fo~~~ BUILDING TYPE 4 ~OPTION A) LEWIS Ul~t,~A TING CORP. ......... ARCHITECTS ORANGE A LEFT ELEVATION REAR ELEVATION · ,,,. HOMECOMING .... )~ at TERRA VISTA, ~vc.ocuc~o~c~c~,~o~ __ BUILDINGTYPE4(OPTIONB) ~ ~-~-~_ (j~ LEWIS OPERATING CORP. ARCHITECTS ORANGE LEFT ELEVA170N REAR ELEVATION HOMECOMING at TERRA, VIS TA, ~cHocuc~o~, CALIFORNIA , BUILDING'TYPE 4 (OpTION C) ~ LEWIS OPERATING CORP. ARCHITECTS ORANGE LEFT ELEVATION REAR ELEVATION HOMECOMING at TERRA VISTA, ~vc.o cuc~o~c~ C~tFO~N~ BUILDING TYPE4 (OPTION D~ ~ ,L. ~EWI$___OP.~E.~,=~.N@ ~:~. ARCHITECTS ORANGE LEFT ELEVATION - BLDG. TYPES 5 & 6 REAR ELEVATION - BLDG. TYPE 6 HOMECOMING at TERRA VISTA, ~..~vc. ocuc~.oN~ c~,FoN~~ BUILDING TYPES 5 & 6 LEWIS OPERATING CORP. ......... ---- ARCHITECTS ORANGE RIGHT ELEVATION FRONT ELEVA/'/ON LEFT ELEVATION REAR ELEVATION ~ HOMECOMING ~A~at TERRAVISTA,~~c,ocuc, U~G~c~,FoR~~ . - SUtLD~ TYPE 7 (OPTION A) ~ ~EmS OPERA TING CORP. ' ARCHI TEC TS ORANGE RIGHT ELEVATION FRONT ELEVATION LEFT ELEVATION REAR ELEVATION HOMECOMING at TERRA VISTA, ~,~c~ocuc~ONc~ c~,troR~~ BUILDING TYPE T-~OPTION B~ ~ ~ ,~soPE~,~G~o.p. .- .~C.,TECTSO~O~ ,~ RIGHT ELEVATION FRONT ELEVATION LEFT ELEVATION REAR ELEVATION HOMECOMING ~ at TERRA VISTA, ~t*VONOCUC~MONC.* c~u~O~t~ * - BUILDING*TYPE7 (OPTION C~). ~ ' LEWIS OPERATING ~P. ~CHI~CTS O~GE .... RIGHT ELEVATION FRONT ELEVATION '¥ LEFT ELEVATION REAR ELEVATION HOMECOMING .... ~ at TERRA VISTA, =~CHOCUC~vc~ ~,roR~. BUILDING TYPE 7¥OPTION D~ ~ ~ ARCHITECTS ORANGE _.~_=_~...~.,=.. '- LE~ EL~A~ R~ E~A~ ~ HO~;ECOM/NG - _ _._ TER~ V/8 TA, ~NCHO CU~ON~ ~,F~N. - - BUILDING ~PE ~ LEm$ ~ ~P. ARCHITEC TS O~GE , ,~ :: ~~.~ ;:.-~ ~ ] ~l~~~fi~~.. .~.:... .r~/~ ~'~""- ,~:'.~:-.~I RIGHT E~AnON ~r EL~An~ HOMECOMING at ~ER~ VISTA, ~c~c~ ~ , _ BUILDING ~PE 8 ~OPTION C~ [~S ~E~NG C~. ~CHI~CTS O~NGE HOMECOMING at TERRA VISTA, ~~c. o cuc~.o~~A.CA~,rOR~,A BUILDING TYPE 9 (OPTION C~ . .~ ~S~NG C~P. ARCHITECTS O~NGE .......... * .... . .... .~ ~--~ LEFT ELEVATION REAR ELEVATION HOMECOMING at TERRA VISTA. ~~c. ocuc~.o~c~CA,,FOR~, eO,L~,NG n'PE ,O(OPT, ONA2' ~ ~ LEWIS uI-~ATING CORP. LEFT ELEVATION REAR ELEVATION HOMECOMING .... at TERRA VISTA, ~NCHOCUC~MONm, C~,FO~~~ BUILDING TYPE Id (OPTION B) ~ ~ LEWIS OPER/I TING CORP. =.~..~._. ~,c,,~Ec~s o~~~E ,£~.. RIGHT ELEVATION FRONT ELEVATION LEFT ELEVATION REAR ELEVATION ~ HOMECOMING _ ,~'~ at TERRA. VISTA, ~.vc. ocuc~o~., c~,Fo~~a -- BUILDING TYPE IO fOPTION C~ ~ '~ LEWIS OPERATING CORP. ARCHITECTS ORANGE POOL CABANA / RIGHT EL EVA liON POOL CABANA / FRONT ELEVA lION C_ HILDREN'$ RECREA lION / FI~ONT ELEVA IION POOL CABANA / FLOOR PLAN CHILDREN'S RECREATION / FLOOR PLAN HOMECOMING at TERRA VISTA, RANCHOCUCAMONGA, CALIFORNIA CHILDREN'S RECREATION & POOL CABANA BUILDINGS ~,~..~ ~ LEWIS OPERATING CORP. . - ARCHITECTS ORANGE LEFT SIDE ELEVATION FRONT ELEVATION SECOND FLOOR PLAN RIGHT SIDE ELEVATION REAR ELEVATION FIRST FLOOR PLAN HOMECOMING _ _:__ at TERRA VISTA, ~~c.o CUC~O~GA, C~UFO.~~ e~RAe~/Orr¢C~ BU, LV¢Ne P¢.~S ~'~.~r¢o~.~ ~,~ ..... ARCHITECTS O~GE · ,~ '-, _ -, _ ~ :¥: '.~ !i ),",,' ]-{{~il-'.l m CLUBHOUSE BUILDING - FIRSTFLOOR 1' a ',. m.~. t--{ ~,' L_l_l{ CLUBHOUSE BUILDING - SECOND FLOOR HOMECOMING __- ,- at TERRA VISTA, RANCHO CUCAMONGA, CALIFORNIA RECREATION / LEASING BUILDING FLOOR PLANS ~,: ~,..,.~-~...-'~ . LEWIS OPERATING CORP. ARCHITECTS ORANGE HOMECOMING at TERRA VISTA,~ . . · ~ RANClIO C[]C/I~IONC.4. CAlifORNIA BUILDINGS 2 & 3 '_F(R&~T_E!~qOR PLAN~ ~ .... ~ LEWIS OPERATING CORP. ' - ARCHITECTS ORANGE .... BId~l 2' . ....~ ~_ ' _ J ..... ~ ........ I .. ----~2~ ....... HOM~GOMING at TER~ VIS TA, ~NCHO CUCaMONG& ~&IFORNla BUILDINGS 2 a 3 - SECOND FL60R P~NS II;ej I!11 HOMECOMING at TERRA VISTA . .. · .~ ~ RANCHO CUCAMONG4, CALIFORNIA _B_UILDING 4_- EIRST FLOOR PI.,4N ~.~. .... ~ ~ LEWI$OPERAFINGCORP. ~..,.~,,~..~,,..... ARCHITECTS ORANGE .... =~ HOMECOMING _ _ at TERRA ViS TA, ~~c.o cuc~o~¢^ C~,FO.~,A BUiLD,NOS 4-SECOND FLOOR P~N- ~~ CO~.. ~CHITECTS O~NGE ~ I°ltr 'lnl ...... .- c .... Bid " HOMECOMING ~ at TER~ VISTA. ~c. ocuc~o.~ ~,~o~,~ SU/~O~NGS L~S OPEniNG C~P. ~~.~ ' - ~CHITECTS O~NGE 6 HOMECOMING , ~ at TERRA VISTA, ~~C. O CUCAMO.~A. CAUrOR~,A BUILDINGS S & 6- SECOND FLOOR PLANS....... ·~ LEWIS OPERA ~ING CORP. ARCHI l tcC I$ ORANGE ~._, .~ HOMECOMING ~ at TERRA VISTA, ~~C~OCUCAMO~aA, C~o~, 8U~LOI~GT-~RSrr~O0~~ ,,,....,.,- ~.j.~' . I. EWI$ OPERATING CORP. ARCHITECTS ORANGE ~_~-~..~...m~_.=_' , HOMECOMING .... ~_Aat TERRA VIS TA, R~~o.o C.¢A,,o~~.A. cA,,r,,.~,A ~_U_/~.D_/_~S_7~ - S~C~ND F~qe~ e~ ..... .. ~' ~ L~S OPEniNG CORP. ARCHI~CTS O~NGE HOMECOMING ~'--'---"-- at TERRA VIS TA, ~~cHo cuc~.o~, c~,~o.~~ 8U~LO¢~G 8 - r¢RSr FLOOR P~~ .... ..,~ '~-. : ~-. '~_ ' - ARCHI~CTS O~NGE ....... LE~S OPE~NG ~RP. ~ ~ ~ ~ ........ ~- · ~ HOMECOMING ~ at TERRA VISTA,RA~C. O CUCAMO~~ c~u~oR~~ p_U(_L_D!~I(~_.8_.-_$E~'.O_ND FLOOR PLAN LEWIS OPERATING CORP. ARCHITECTS ORANGE HOMECOMING at TERRA VISTA. ,~~c,o cuc~o~c.~ L~S O~F~G ~RP. HOMECOMING at TERRA VISTA, r~NC. OCUCA.O~OA. CAUFm~. ~t~/LDINGg-$ECONDFIOORPLAN ~ ..... ~' _ LEWIS O~TING C~P. ARCHI~CTS O~NGE HOMECOMING , · . ~ at TERRA VIS TA, ~c.o cucA~o~c~ C~l~O~~. 6U/LO~~G ~0- ~Rsr ~ ~ ~ ..... ~ LEWIS OPEniNG ~RP. ' - ARCHI~CTS O~NGE ~ HOMECOMING - At VISTA BUiLOi~G ,o SECO~OF~-OORPL~~ ' " ' ~ __ TER~ ___~, ~c~ocuc~ ~L,~O~ - ~...,.. ~ _ ~E~ .... ~ffO CORP. ARCHI~CTS O~NGE 3 2 HOMECOMING I'~,N'r^TIV~, TR^cr MaP ~ TERRA VISTA TENTATIVE~ ~ ~ TRACTo, ~0 ~*~NO' 16157 ,_ .* Cra DESIGN REVIEW COMMENTS 7:20 p.m. Debm Meier September 17, ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00791 - LEWIS APARTMENT COMMUNITIES - The Design Review of 677 dwelling units on 39.6 acres (Lots 1-9 of Tentative Tract 16157) in the Medium (8-14 dwelling units par acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Densities of the Terra Vista Community Plan, located at the northwest comer of Church Street and Terra Vista' Parkway - APN: 227-151-30. Related File: SUBTT16157. ~: The Committee (McNeil Stewa. rt, and Fong) reviewed this project on June 18, 26~. The applicant provided a presentation of the site planning and architectural theme of th..e pro. ject,.a~ previously outlined by staff (Exhibit 'A'). The Committee recommended that the ~oplmant rewee ' their plans to address the following issues and submit the,m for furlher review: a. The Committee was pleased with the Va#ety of colors and rnate#als used to articulate the different building styles. However, the Committee suggested that the applicant reviewthe use of more articulation and vaded pattern of garage doors, and to avoid the use of the white garage doors with the dark building colors. The Cornittee requested additional detailing of the building walls on either side of the pdvate yard in Buildings 2/3 and 5/6. The 'applicant will provide variety and arliculafion of the garage doors; this will be included as ~ '. condition of project approval. The typical articulation of both sides of the private yards used in Building Types 2/3 and 5/6 is provided for review and approval (Exhibit 'B'). The applicant has incorporated window detailing and shutters on the resident side of the private yard; and small elevated decorative windows and faux dormers on the garage/flat side of the private yard to enhance the appeal of the small space. b. The Committee discussed the definition of private open space with the applicant and stated that they are not in support of any va#ance to the Code raquirernents for private open space. The Committee directed the applicant to work with staff to appropriately define the private open spa~e. Although this is a technical question, it was discussed with the committee with respect to overall alta planning of the project. The primary deficiency in private open space was related to the townhorne building types, where all private open space is provided through the use of a porch and front yard definition. The applicant has provided a composite exhibit that illustrates the limits of the private yard space (Exhibit 'C'), and an enlarged illustrative of how the individual front yards can be landscaped (Exhibit 'D'). Each front yard private open space includes an area defined by shrubbery and turf. Staff recommends that the final landscape designs be sensitive to developing a sense of 'exclusive use' for the individual front yard areas. c. The Cornmittes also identified other issues, that will be further reviewed in the Technical Review Committee, including the approp#ate distribution of visitor perking, and the appropriate widths of all ddve aisles, especially ddve aisles with curbside parking. These technical issues are being resolved with staff. Staff Recommendation: Staff recommends that the Committee review the enclosed revisions prepared in response to previous Committee action, and recommend that the project for Planning Commission review. DRC COMMENTS -00791 '- LEWIS APARTMENT COMMUNITIES' DRC2001 September 17, 2002 Page 2 Attachments '. Desiqn Review Committee Action: Members Present: Lany McNiel, Pam Stewa~,'Dan Coleman Staff Planner:. Debra Meier ., The Committee recommended approval of the project subject to the following revisions: 1. The interior elevations of the building Types 2/3 and 5/6 shall be detailed with the additional. use of color to break up the building plan on the garage building; the modifications to 'the townhome elevation were acceptable to the Committee. The modifications to the garage elevation shell be reviewed with staff for satisfactory conclusion. 2. The applicant reviewed the details of the private open space concept with the Committee. The Committee concurred that the 'front yard' could be used as the private open space so long as the area for each unit meets the code requirement of 255 square feet for the medium density land use regulations..The applicant shall work closely with staff to property define each front yard space, and modify the front yard concept plan for review during the Plann nm Commission hearing. The concept shall illustrate a variety of ways i.n .whi~ the ° ' ' ' ,o en s ace through the use oT snruooe~7, private space can be delfneated from common p p decorative fencing, el=. Upon satisfactory resolution of these issue with staff the applicant may proceed to the Planning Commission for review and approval. DESIGN REVIE'W COMMENTS 8:05 p.m. Debra Meier June 18, 2002, ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 16157 - LEWIS APARTMENT COMMUNITIES - A proposed subdivision of 10 numbered lots and one lettered lot on 60.17 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Dens t es of the Terra Vista Community Plain located at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. Related file DRC2001-00791. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00791 .- LEWIS APARTMENT COMMUNITIES - The Design Review of 677 dwelling units on 39.6 acres (Lots 1-9 of Tentative Tract 16157) in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwellipg units 'per acre) and High (24-30 dwelling units per acre) Residential Densities of the Terra Vista Community Plan located at the northwest comer of Chumh Street and Terra Vista Parkway - APN: 227-151-30. Related flle: SUBTT16157; Desi n Parameters: Tentative Tract 16157 is the single largest remaining piece of undeveloped property within the Terra Vista Planned Community, The site is located in the southeast quadrant of the Community Plan, at the northwest comer of Church Street and Terra Vista Parkway, with the East Graenway Trail forming the north boundary of the site. The related Development/Design, Review file (DRC2001-00791) pertains to only a 39.6-cre portion of the overall site. , The applicant has designed a Ste Pan focused on a formal semi-circular route radiating away from the central recreation facility. A grid pettem of common open space provides connections from recreational amenities within the project, to recreational opportunities on the perimeter of the site, including Milliken Park, Mountain View Park and the East Greenway Trail system. The site will be gated, with entry on both Church Street and Terra Vista Parkway. The focus of the project Is the 14,000 square foot multi-use recreation building and central private open space site that also includes a Kids Club (for after-school activities), tot lot, wading pool, pool/spa, tennis court, and entertainment patio. Other appropriate amenities are distributed in key locations throughout the project. The pamel is presently designated High Density Residential (24-30 dwelling units per acre), Medium-High Density Residential (14-24 dwelling units per acre), and Medium Density Residential (8-14 dwelling units per acre), of the Terra Vista Community Plan (TVCP); a calculation of project density is summarized below: 36.26 acres at Medium Density 14 X 36,26 = 507 dwelling units 12,79 acres at Medium-High Density 24 X 12.79 = 307 dwelling units 11.06 acres at High Density 30 X 11,06 = 330 dwelling units 60.00 acres total Total 1,144 dwelling units Average Density of the complete project site is 19.0 dwelling units per acre. The current application (DRC2001-00791) includes 39.62 acres, which is 66 percent of the area included in the Tentative Tract Map (Lots 1-9). The greatest portion of the current project is included in the Medium Density portion of the site, The current project density is 17 dwelling units per acre, which includes 59 percent of the total number of dwelling units. The standards of the associated with the various dwelling unit types will apply accordingly in the proposed development. For example, the townhome structures comply with the Medium Density standards, while the more standard apartment style structures comply with the Medium-High and High Density standards. / DRC COMMENTS TT16157 - LEWIS APARTMENT COMMUNITIES ' ~ June 18, 2002 .' ,. .. Staff Commen_.~: The following comments are intended to provide an outline for Committee discussion: .. ' ' The proposed project must meet a Cbde requirement for Common Open Space of 35 percent of the site area, and Useable Open Space (private + common) of 40 percent. The applicant has provided 16.6 acres or 42 percent of the site as Common Open Space. In addition, the appl!cant is required to meet private open space square footage standards for each dwelling: Medium Density- 255 square feet for a ground floor unit or 150 square feet for an upper level unit; High or Medium-High Density- 150 square feet for a ground floor unit or 100 square feet for an upper level unit. The minimum dimension of any perch, patio or balcony shall be 6 feet. ' ' Although these are technical Code requirements, the question that we would like to pose for Committee discussion is: If the total required Usable Open Space is adequately provided on the site, can the applicant have flexibility in the provision of private open space, particularly on ground f cor units where they are using the enlarged porch to prowde private open space. In essence, they are moving the porch limit within a defined open space zone in an effort to balance the private open space and the common open space as best define the needs of this project. For example, most of the Building Types (4, 6,, 7~ 8, 9 and 1 O) have less than the necessary square footage of the standard requirement for porches and/or balconiee. Building Types 4 and 7 are townhome style dwellings with only the pomh used to define private open space, where the limit of the pomh defines the boundary between private and common open space. The applicant would like to maximize the useable open space (common + private) while minimizing the pdvate open space component along the primary circulation segments of the ', site, to the benefit of the project has they see it. Typically staff requires that a project meet the private open space requirements, regardless of the degree of common open space (or usable open space) provided on the site. 2. Terra Vista Community Plan Trail Alionment: The Terra Vista Community Plan depicts a trail type D traverSing this property between Chumh Street on the south and the East Greenway Trail on the north. Due to the gated nature of the proposed project, the applicant is submitting an amendment to the Community Plan to request a realignment of the trail around the project, along Church Street and Term Vista Parkway. I Trails along the street are referred to as Trail Type E in the Community Plan, which typically require a 6-fcot sidewalk,, and a minimum increase in the street right-of-way of 6 feet, resulting in a setback of 38 feet average and 33 feet minimum along both Church and Term Vista Parkway. As proposed, the project currently has a 46-foot minimum and up to 57-feet maximum, building setback along the street frontage. Providing ample opportunityto create a trail-like environment along the streetscape. The trail will be realigned around the site to the signalized trail crossing on Terra Vista Parkway on the east; and to the intersection of Church Street and Milliken Avenue, where segments of a Trail Type E have been constructed both north and south of the intersection. Internal open space corridors will allow residents of the project to h~'~e direct access to Eas'//_/ Greenway Trail and eventually to Milliken Park (future phase). DRC COMMENTS TT16157 - LEWIS APARTMENT COMMUNITIES June 18, 2002 Page 3 ' ' 3. ~levations: Building Types 2-3 and 5-6: These building types ars townhomes with a private rear yard space separating the dwelling from the garage; the Building Types 3 or 5~ feature the apartment style flats over the garages. This Building Type 2-3 and 5-6 combinatibn features one architectural style that is used 13 times throughout the project, with a single-story element used on the ends of some buildings. The overall amhitectural style/theme of the Building Types 2-3 combination is acceptable; however, the applicant has not provided elevations of the walls facing the rear yard pati,os. Staff has prsviously discussed these elevations with the applicant, stressing the need to develop elevations that do not result in unwanted a'nd unusable outdoor space by virtue of the stark, potentially light-less ambience crsatad in this space with is flanked by two-story structures. Buildinq Types 4 and 7: Building Types 4 and 7 ars the traditional townhome with an attached garage. All private open space is provided by the front pomh (see discussion · .. above). The smaller Building Type 4 is used tWice in the project, and Building Type 7 i~, used 21 times. · ,, The architectural style/theme is ve~j boxy in naturs, without features or elements that establish a unique character. Individual town home units should reflect some'level of individuality. The porch elements can7 the overall appearance of an attached shed roof and could be used as a stronger element of the design. It is primarily Building Type 7 that is used along the perimeter strsets facing Church Strset and Terra Vista Parkway. Buildinq Types 8, 9, and 10: These building types reflect a traditional apartment style building; some units have access directly to either a one or two car garage. Building Type 8 occurs 32 times, Type 9 occurs 32 times, and Type 10 occurs 10 times throughout the project; therefors, these ars the most dominantly used Building Types in the project. The exterior of the buildings ars all very similar, with units within the buildings varying in size and layout. ' Again the style and theme of these Building Types are not distinctive. Optional ElevalJons B and C offer some variation in materials, such as adding the use of wood siding, however, the options ars otherwise not discernibly different from the one another. Recommendation: Staff recommends that the Committee discUss the noted items with the applicant and suggest modifications for further rsview. Desiqn Review Committee Action: Members Present: Larry McNiel, Pam Stewart, Nancy Fong Debra Meier ~'he applicant provided a prssentation of the site planning and architectural theme of the project, and addressed the issue of private versus common open space. The Committee rscommended that the applicant rsvise their plans to address the following issues and submit them for further review: DRC COMMENTS TT16157 - LEWIS APARTMENT COMMUNITIES . June 18, 2002 , ,. Page 4 ,, ,, 1. The Committee.was pleased with the variety of colors and materials used to articulate the different building styles. However,'the Committee suggested that the applicant review the use of mots articulation and varied pattern of garage doors, and to avoid the use of the white garage doors with the dark building colors. The Committee requested additional detailing of the building walls on either.side of the pri,vaie yard in Buildings 2/3 and 5/6. 2. The Committee discussed the definition of private open space with the applicant and stated that they ars not in support of any variance to the Code requirements for private open space. The Committee directed the applicant to WOrk with staff to appropriately define the private open space. 3. The Committee also identified other issues that Will be further reviewed in the Technical Review Committee, including the appropriate distribution of visitor parking, and' the appropriate widths of all drive aisles, especially ddve aisles with curbside parking. LAND USE A~ENDMENT MAJOR GREENWAY SYSTEM i~. eeee MAJOR GREENWAY~il, ~ ~7~ MAJOR GREENWAY PkRTIN. O[OIC~IlOH OF UNIUPR(WTD LAND REVISED TRAIL ALIGNMENT FIGURE 111-12 Park and Greenway System City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. , Project File: Tentative Tract SUBTT16167/DRC2001-O0791 2. Description of Project: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 16157 - LEWIS APARTMENT COMMUNITIES - A proposed subdivision of 10 lots o. 60.17 acres in the Medium (8-14 dwelling un,I= per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan located at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. Related File: DRC2002-00533 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW' DRC2001-00791 - LEWIS APARTMENT COMMUNITIES - The Design Review of 677 dwelling units on 39 4; acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Densities of the Terra Vista Community Plan located on lots I through 9 of Tentative Map 16157 at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. 3. Project Sponsor's Name and Address: Lewis Apartment Communities P.O. Box 670 Upland, CA 917850670 4. General Plan Designation: Medium Residential (8-14 dwelling units per acre), Medium- High Residential (14-24 dw. elling units per acre) and High Residential (24-30 dwelling units per acre). 5. Zoning: The parcol is presently designated High Residential (24.30 dwelling units per acre), Medium-High Residential (14-24 dwelling units per acre), and Medium Residential (8-14 dwelling units per acre), of the Terra Vista Community Plan ('I'VCP); a calculation of project density is summarized below: 36.26 Acres at Medium Density 14 X 36.26 = 507 DUs 12.79 Acres at Medium-High Density 24 X 12.79 = 307 DUs 11.06 Acres at High Density 30 X 11.06 = 330 DUs 60.00 Acres Total Total 1,144 DUs Average Density of the ~mplete project site is 19.0 dwelling units per acre. The current application (DRC2001-00791) includes 39.62 acres, which is 66 percent of the ,/~0~1o.~ area included in the Tentative Tract Map. The greatest portion of the current project is included in the Medium-High Residential portion of the site. The current project density is 17 dwelling units per acre which includes 59 percent of the total number of dwelling units./~ Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 2 The standards assc~ciated with the various dwe!ling unit types will apply accordingly in the proposed development. For example, the townhome structures comply with the Medium Residential standards, while the more standard apartment styie structures comply with the Medium-High and High Residential standards. 6. Surrounding Land Uses and Setting: Tentative Tract 16157 is located in the, southeast quadrant of the Terra Vista Community Plan.. Surrounding land uses include Village of Independence (Low-Medium Residential) located east of Terra Vista Parkway; a vacant parcel designated Medium-High Residential, Tract 15174 (Low-Medium Residential - under construction), and vacant land in the Mixed Used (MHO) district, all located on the south of Church Street; Tract 13303 (Low-Medium Residential) and Tract 16264 (Medium Residential - under Construction), both located north of the east Greenway Trail; and finally the recently completed public storage facility (Storage West) on the west boundary, along with vacant parcels zoned 'Recreational Commercial' and 'Park' located south, and north of the public storage. Largely improved streets including Terra Vista Parkway along the east boundary, and. Church Street along the southern boundary form the site perimeter. The East Greenway Trail forms the northern boundary of the site. The site slopes gently from north to south at approximately 2 percent gradient. The site is covered with scrub vegetation and non- native grasses, which are disturbed annually for weed control. There are no unique features, nor any existing structures or trees on-site. 7. Lead Agency Name and Address: , ~ City of Rancho Cucemonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 8. Contact Person and Phone Number:. Debra Meier, AICP, Contract Planner (909) 477-2750 /4,1 Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 3 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. I( ) Land Use and Planning (x) Transportation/Circulation (x) Public Servicse I ( ) Population and Housing ( ) Biological Resources ( ) Energy and Mineral Resources (x) Utilities and Sen~ce Systems I (x) Aesthetica I(x) Geological Problems ( ) Hazards I (x) Water ( ) Cultural Resources I(x) Air Quality . (x) Noise ( ) Recreation , Ixl Mandatol~ Findings of Significance DETERMINATION On the basis of this initial evaluation A NEGATIVE DECLARATION will be prepared: (X) I find that although the proposed project could have a significant effect on the ,, ,environment, there will not be a significant effect in this case because the mitigation measures described on' an attached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. Debra Meier, AICP Contract Planner September 23, 2002 Initial Study for City of Rancho Cucamonga SUB'I-r16157/DRC2001-00791 - Lewis Apartment Communities ' Page4 Issues and Supporting Information Sources: EVALUATION OF ENVIRONMENTAL IMPAC'r~ Pursuant to Section 15063 of the California F'nvironmental 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, ' 1, I.N~ I, IS~ I~D ~ Would the proposel: a) Conflict with general plan designation or zoning? ( ) ( ) ( ) (,X) b) Conflict with applicable environmental plans or () (), () (X) policies adopted by agencies with jurisdiction over the project? c) Be incompatible with. existing land use in the () () () (X), vicinity? d) Disrupt or divide the physical arrangement of an () () () (x) established community? Comments: a-d) The parcel is presently designated Medium Residential (8-14 dwelling units per acre), Medium-High Residential (14-24 dwelling units per acta) and High Residential (24-30 dwelling units per acre) of the Terra Vista Community Plan (TVCP). The current application (DRC2001-O0791) includes 39.62 acres, which is 66 percent of the area included in the Tentative Tract Map. The greatest portion of the current project is included in the Medium Residential portion of the site. The current project density is 17 dwelling units per acre, which includes 59 percent of the total number of dwelling units. The standards associated with the various dwelling unit types will apply accordingly in the proposed development. For example, the townhome structures comply with the Medium Density standards, while the more standard apartment style structures comply with the Medium-High and High Density standards. No Plan amendment or change in density is proposed from that which is master-planned in the Terra Vista Community Plan, therefore no impacts to land use will result. 2. POPtlLATIONAND HOUS~G. Would the proposal: a) Cumulatively exceed official regional or local () () () (X) population projections? b) Induce substantial growth in an area either directly ( ) ( ) ( ) (X) or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable ( ) ( ) ( ) (X) housing? Initial Study for City of Rancho Cucamonga SUB']-r16157/DRC2001-00791 - Lewis Apartment Communities Page 5 Issues and Supporting Information Sources: Comments: a-c) Construction activities will be short-term and will .not attract new employees to the area. The proposed subdivision may result in new residents to the area; however, the proposed development has been anticipated since the adoption of the Terra Vista .Community Plan in 1983. The site is void of existing structures, and will therefore not impact existing units. 3. GE{3LOG~C PROBLEMS. Would the proposal result ~n or expose people to potential impacts involving: a) Fault rupture? ( ) ( ) . ( ) (X) b) Seismic ground shaking? ( ) ( ) (X) ( ) c) Seismic ground failure, including liquefaction? ( ) ( ) (X) ( ) ~'d) Seiche hazards? ( ) ( ) ( ) (X) e) Landslides or mudflows? ( ) ( ) ( ) (X) · f) Erosion, changes in topography, or unstable soil () () () ~ (X) conditions from excavation, grading, or fill? g) Subsidence of the land? ' ~ ( ) ( ) ( ) (X) h) Expansive soils? ( ) ( ) (). (X) i) Unique geologic or physical features? ( ) ( ) ( ) (X Comments; a-c) No known earthquake faults pass through the site, it is not in an Alquist-Priolo Special Studies Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault. The Red Hill Fault passes approximately 2 miles north and west of the site, and the Cucamonga Fault Zone lies approximately 4 miles northerly. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Also, the San Jacinto Fault, capable of producing Mw 7.5 earthquakes, is approximately 10 miles northeast of the site and the San Andreas Fault, capable of producing Mw 8.2 earthquakes, is approximately 12 miles northeast of the site. Each of these faults can produce strong ground shaking. The site is located on stable soils, which are typically not subject to liquefaction. Adherence to the Uniform Building Cede will ensure the g,eologic impacts are less than significant on residential construction. d) The site is not located near a body of water. e-f) The site has a relatively gentle grade, so landslides or mudflows are not likely to occur; no standing or ponding water was present during the Geotechnical research, and grading will be required only to create proper drainage and development of appropriate building pad areas. During the Geotechnical research, three stockpiles were observed that appear to contain 3 to 8-feet of artificial fill, and numerous stockpiles of soils, oversized/ Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Commur~ities ~Page..._..~6 Issues and Supporting Information Source boulders, concrete and debris have been deposited on the western portion of the site. Prior to placement of compacted fills, all non-engineered fills and loose, porous, or compressible soils, will be over excavated down to competent ground. Over excavated soils will be moisture-conditioned and re-compacted as engineered fill. The depth of over excavation will vary across, the site, reflecting variations in topography and soils within the property. g-h) Soil type on-site and in the vicinity is Tujunga-Delhi s~)il association. These soils are typically excessively drained; moderately sloping soil forming on alluvial fans. They are relatively stable, but are not subject to liquefaction when the wa~ter table is relatively shallow. The Geotechn'ical Report indicates that .historic depth to groundwater is on the order of 430-feet. Prior to issuance of building permits, a soil report will be required by the Building and Safety Division. The impact is not considered significant. i) The site contains no unique geologic or physical features. 4. WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, or ( ) ( ) (X) ( ) the rate and amount of surface water runoff? b) Exposura of people or property to water related () () () o (X) hazards such as flooding? c) Discharge into surface water or other alteration of ( ) ( ) ( ) (X) surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? d) Changes in the amount of surface water in any () () () (X) water body?. e) Changes in currents, or the course or direction of ( ) ( ) · ( ) (X) w~iter movements? ..... f) Change in the quantity of ground waters, either ()' () () (X) through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater?. ) ( ) ( ) (X) h) Impacts to groundwater quality? ) ( ) ( ) (X) i) Substantial reduction in the amount of groundwater ( ) ( ) ( ) (X) otherwise available for public water supplies? Comments: a) The project is expected to result in changes in absorption rates and drainage patterns. Improved streets, including Terra Vista Parkway along the east boundary /?/ Initial Study for City of Rancho Cucamonga SUB'I-1'16157/DRC2001-00791- Lewis Apartment Communities Page7 Issues and Supporting Information Sources: ~~ ~'~ I ~ I and Church Street along the southern boundary, largely form the site, perimeter; with the East Greenway Trail forming the northern boundary. The site slopes gently from north to south at approximately 2 percent gradient. The City Engineer must approve a drainage study, indicating how storm water will be directed to the existing storm drains in the immediate area, prior to issuance of grading permits. The State of California is authorized to administe~ various aspects of the National Pollution Discharge Elimination System (NPDES). Cohstmction activities covered under the State's General Construction permit include removal of vegetation, grading, excavating, or any other activity that causes the disturbance of five acres or more. The General Construction permit requires recipients to reduce or eliminate non-storm water discharges into storm water systems, and to develop and implement a Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board (RWQCB), Santa Aha Region has issued an area-wide NPDES Storm Water Permit for the County of San Bemardinq, the San Bemardino '. County Flood Control District, and the incorporated cities of San Bemardino county within the Santa Ana Region. The City then requires implementation of measures for a project to comply with the area-wide permit requirements. The SWPPP will nclude Best Management Practices (BMps) to prevent construction of the project to pollute surface waters. This is a standard condit on of approval applicable to this project. BMPs would include, but are not limited to street sweeping of paved roads during construction, and the use of hay bales or sand bags to control erosion during . the rainy season. The following mitigation measure will be implemented to ensure impacts from water runoff and erosion is less than significant: 1. Prior to issuance of grading permits, the applicant shall prepare a SWPPP that identifies BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the Building Official. A final-grading plan will be prepared in accordance with City standards and show how storm water runoff will be handled both during construction and operation. Approval of grading plans and conditions applied to the project by the Building Official to ensure adequate site drainage and adherence to BMPs identified in the SWPPP will make this impact less than significant. b) The site is not located within a 100-year flood plain. c-e) The project site is not located near a body of water. f-i) The project will have no impact on the direction or course of groundwater, nor will the project come in contact with groundwater or impact ground water quality. Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities ' Page .8 Issues and Supporting Information Sources: 5.~ AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to an ( ) (X) ( ) ( ) existing or projected air quality violation?. b) Expose sensitive receptors to pollutants? ( ) (X) ( ) ( ) c) Alter air movement, moisture, or temperature, o~; () () () (X) cause any change in climate? d) Create objectionable odors? ( ) ( ) ( ) (X) Comments: a-b) The proposed project was screened using the Urban Emission Model 7G (URBEMIS7G) prepared by Jones & Stokes under'the guidance of the San Joaquin Valley Unified Air Pollution Control District, the Venture County Air Pollution Contro[ District, and the South Coast Air Quality Management District (SCAQMD). The program generates emissions estimates 'for land use development projects. The criteria pollutants screened for included: reactive organic gases (ROG), nitrous oxides (NC)x), carbon monoxide (CO), and particulates (PM~o). Two of these, ROG and NOx, are ozone precursors. Construction Emissions . Though not required, construction emissions are screened and quantified to document the effectiveness of control measures ('Fable 1). Table 1 URBEMISTG Construction Emisstona Summary ~Pounds per Day) Source ROG NOx CO PMt0 Unmit. Mit. Unmit. Mit. Unmit. Mit. Uf~;~. Mit. Grading 1.88 1.88 25.01 23.76 22.32 15.40 Worker Trips 2.00 2.00 2.83 2.83 5.36 5.36 0.54 0.54 Stationary Equip. 0.34 0.34 0.27 0.27 0.02 0.02 Mobile Equip. 1.56 1.48 14.40 13.68 1.12 1.06 Arch. Coatings 86.55 82.22 Asphalt 1.16 1.11 Totals 93.49 88.93 42.51 40.54 5.36 5.36 23.99 17.02 SCAQMD Thres. · 75 75 100 100 550 550 150 150 Significant? Yes Yes No No No No No No Generally, construction of a project this size will not exceed SCAQMD thresholds for PM~0 and NOx during grading activities, nor SCAQMD thresholds for developed conditions (operational impacts) for NO,. Table I shows project impacts before and after mitigation measures have been implemented. During grading, fugitive dust (PM~0) will be generated. Painting activities will exceed the SCAQMD threshold for ROG emissions. The model simulates all of the units being painted at the same time Initial Study for City of Rancho Cucamonga SUBTI'16157/DRC2001-00791 - Lewis Apartment Communities Page 9 Issues and Supporting Information Sources: (worst case) and shows that combined ROG during construction to exceed the 75 pounds per day threshold by 13.93 pounds. However, it is not only unlikely, but also impractical to assume that all the units will be painted at the same time. Therefore, Mitigation Measure No. 9 will ensure that such emissions are below SCAQMD thresholds. Additionally, to ensure PM~0 is below a significant level the following measures 2 through 5 shall be implemented. 2. The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) dally to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 3. Surrounding streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of .... construction. 4. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM10 emissions from the site during such episodes. 5. Chemical soil stabilizers (approVed by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain Inactive for 96 hours or more to reduce PM~o emissions. 6. The construction contractor shall select the construction equipment used on-site based on Iow emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained In accordance with the manufacturer's specifications. 7. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 8. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not In U~e. 9. Painting activities shall be spaced out over a period of at least 80 days. The contractor shall utilize Iow volatile organic compounds (VOC) paints. Operations Emissions The operational mobile source emissions were calculated using the values estimated in the Traffic Impact Analysis prepared for the project by LSA Associates (dated July 2002). These values were programmed into the URBEMIS7G model. In addition, the default fleet mix was modified to increase the number of light passenger vehicles and decrease the number of medium and heavy-duty diesel trucks, in order to reflect the characteristics of a residential neighborhood. / 7// ? Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page !0 Issues and Supporting Information Sources: Using the values estimated in the TIA, the 'URBEMIS7G model esfim~ates vehicle trips associated with a designated land use. The proposed project includes the construction of .677 multi-family dwelling units. Based on this land use, the TIA estimated a trip rate of 6.63 trips per day per dwelling unit; therefore approximately 4,489 daily trips ara associated with the project. This amount of traffic will generate approximately 523.19 pounds of CO emissions per day. (Note: Mitigation for CO emissions, as shown in Table 2, is in the form of credit for the surrounding environment i.e. existing bicycle routes, pedestrian paths, shaded trees, safe mutes to schools, etc.) with credit from the surrounding environmental emissions associated with these vehicle trips ara below SCAQMD thresholds. However, the project operational emissions will exceed SCAQMD thresholds of significance for ROG' emissions. Table 2 Post-Construction Emissions (Pounds per Day) Source ROG NOx CO PM~0 Unmit. Mit. Unmlt. Mit. Unmif. Mit. Unmit. Mit, Area Source 21.23 21.20 5.11 4.74 2.17 2.01 0.01 0.01 Mobile Source 70.49 65.96 47.67 43.88 566.97 521.18 32.03 29.40 Totals 91.72 87.16 52.78 48.62 569.14 523.19 32.04 29.41 SCAQMD Thras. 55 55 55 55 550 550 . 150 150 Significant?. Yes Yes No No Yes No No No The site is within the Terra Vista Community Plan with existing land use designations of High, Medium-High and Medium residential densities, and the proposed project is consistent with the City of Rancho Cucemonga General Plan; along with the certification of the Program EIR, Findings of Fact, and a Statement of Overriding Consideration for significant adverse environmental effects of future development within the City and sphere of influence. The City Council made findings that adoption of the General Plan would result in significant adverse effects to air.quality. Mitigation measures were adopted for this resource; however they would not reduce impacts to less than significant levels. As such, the City adopted statements of overriding consideration balancing the benefits of development under the General Plan update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h). These benefits include less overall traffic volumes by developing mixed-use and mixed-density projects, such as the proposed project, that will be pedestrian friendly and conservation of valuable natural open space. With these findings and statements of overriding consideration, no further discussion or evaluation Of cumulative impacts is required. c-d) The proposed project is the development of 677 multi-family dwelling units on approximately 40-acres of land. The end use of the proposed project, Medium, /75 Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Commur~ities Page 11 Issues and Supp.orting Information Sources: ~ ~ r~ Medium-High and High Density Residential, will not generate emissions ,that could cause climatic changes or objectionable odors. 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) (X) ( ) ( ) . b) Hazards to safety from design features (e.g., sharp ( ) ' ( ) ( ) (X) curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby. ( ) ( ) ( ) (X) uses? d) Insufficient parking capacity on-site or off-site? ( ) ( ) ( ) (X) ' ' e) Hazards or barriers for pedestrians or bicyclists? ( ) ( ) ( ) (X) f) Conflicts with adopted policies supporting ( ) ( ) ( ) (X) alternative transportation (e.g., bus turnouts, bicycle racks)? ( ) ( ) ( ) (X) g) Rail or air traffic impacts? , ~ Comments: a) A traffic impact analysis was prepared to. assess the potential circulation impacts associated with the proposed development of the proposed project. The report satisfies the requirements for a Traffic Impact Analysis (TIA) established by the San Bemardino County Congestion Management Program (CMP), adopted November 1993, .and revised December 2001, as well as discloses potential impacts and mitigation measures for this Initial Study in accordance with the California Environmental Quality ACt (CEQA). The _'['IA~_CM_P was prepared by LSA Associates, Inc. dated ;July 31, 2002. The report analyzes existing traffic conditions and project-related traffic impacts for the anticipated completion of Phase 1 (677 units) and Phase 2 (467 units) of the proposed project with anticipated opening years of 2004 and 2005 respectively. In addition, long range forecasting was conducted to anticipate roadway conditions in 2020. The study addresses forecast future traffic volumes along roadways in the vicinity of the project site, and the impact of project traffic on these future traffic conditions; this Initial Study contains a summary of the report, which is available for review at the City of Rancho Cucamonga. The study area for the traffic analysis was based on criteria in the CMP/TIA guidelines. This equates to all CMP arterial segments and intersections where the anticipated passenger car equivalent (PCE) volume equals or exceeds 80 two-way trips during the peak hour, and 100 two-way peak hour trips for freeway segments. No freeway segments meet the CMP 100-trip threshold; however, four other intersections will have projected volumes exceeding the 80-trip threshold: /74 Initial Study for City of Rancho Cucamonga SUBTI'16157/DRC2001-00791 - Lewis Apartment Commur~ities Page 12 Issues and Supporting Information Sources: u~,~ · Milliken Avenue/Base Line Road · Milliken Avenue/Foothill Boulevard, · Milliken Avenue/Arrow Route · Milliken Avenue/4t~ Street In addition, the City Traffic Engineer requested that the following four local. intersections' be included in the analysis: · Rochester Avenue/Base Line' Road · Rochester Avenue/Foothill Boulevard · Malaga Drive/Church Street · Mountain View Drive/Terra Vista Parkway East EXISTING TRAFFIC CONDITIONS Existing traffic conditions are besed on PM peak hour intersection turn movement counts, which are included in the TIA. The existing AM and PM peak hour PCE. volumes are summarized in Figure 1. A PCE factor of 2.5 was used for all trucks in the traffic stream. FUTURE TRAFFIC VOLUMES The year 2020 traffic volumes for the proposed project were developed from traffic volumes in the approved Victoria Gardens TIA (LSA Associates, September 2001), which relied on the Comprehensive Transportation Plan (CTP) traffic model maintained by Southern California Association of Governments (SCAG). For those intersections that were not included in the Victoria Gardens Study, peak hour volumes were developed by applying a growth rate to the existing intersection volumes: · Milliken Avenue/Foothill Boulevard - 74.9 percent growth rate (from 2002- 2020) · Malaga Drive/Church Street - 155.2 percent growth rate (from 2002-2020) · Mountain View Drive/Terra Vista Parkway - 155,2 percent growth rate (from 2002-2020) Background traffic volumes for Phase i and Phase 2 opening years, 2004 and 2005 respectively, were developed by interpolating between the 2002 and 2020 volumes. LEVEL OF SERVICE Roadway operations and the relationship between capacity and traffic volumes are generally expressed in terms of levels of services which are defined using the letter grades A through F, where Level of Service (LOS) A is a free-flowing condition, and LOS F having volumes which exceed capacity of the intersections and roadway segments in question. Complete descriptions of the LOS definitions are included ~n.?./ / // Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Commu.nities Page 13 Issues and Supporting Information Sources: the report. All levels of service were calculated using the Traffix v,ersion 7.5 software, which uses the HCM 2000 methodologies. CMP standard LOS is E, however the City minimum LOS is D, which means that any intersection or roadway segments operating at LOS E or F must be mitigated to LOS D or better. The existing conditions LOS for the study area intersections are summarized in Table 3. TABLE 3a Existing (2002) AM Peak Hour Intersection Levels of Service . INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C ,, Milliken Avenue/Foothill Blvd. signal C Milliken Avenue/Arrow Route signal C Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy all-way stop A ,Malaga Drive/Church Street minor stop A Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal D TABLE 3b Existing (2002) PM Peak Hour Intersection Levels of Service INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C Milliken Avenue/Foothill Blvd. signal C Milliken Avenue/Arrow Route signal C Milliken Avenue/4th Street signal D Mountain View Dr/'rerra Vista Pkwy .all-way stop A Malaga Drive/Church Street minor stop - B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal F Notes: Minor Stop - stop control on minor street only. As the table depicts, all study area intersections currently operate at satisfactory LOS, with the exception of Rochester Avenue/Foothill Boulevard during the PM peak hour. PROJECT TRAFFIC GENERATION Peak hour trip generation for the proposed project was computed using the rates for Land Use 220-Apartments, from the Institute of Transportation Engineers (iTE) Trip Generation (6th Edition). Table 4 summarizes the AM and PM peak hour and daily trip generation for each phase of the project. Initial Study for City of Rancho Cucamonga SUB'I-i'16157/DRC2001-00791 - Lewis Apartment Communities Page 14 Issues and Sup~porting Information Sources: ~ T~, TABLE 4 Project Trip, Generation AM PEAK HOUR PM PEAK HOUR LAND USE UNITS IN OUT TOTAL. IN OUT TOTAL DAILY Phase 1 Apts 677 Trips/Unit 0.08 0.43 0.51 0.42 0.20 0.62 6.63 Trip generation 54 291 345 284 135 419 4,489 Phase 2 Apts 467 Trips/Unit 0.08 0.43 0.51 0.42 0.20 0.62 6.63 Trip generation 37 201 238 196 93 289 3~096 TOTAL PROJECT 1~144 91 492 . 583 480 228 708 7,585 ..... As depicted in Table 4, the project is expected to generate 7,585 daily trips at completion of both Phase I and 2, with 583 trips in the AM peak hour, and 7~08 trips in the PM peak hour. 2004 CONDITIONS The analysis of 2004 conditions is based on the following improvements to the existing ¢imulation system: · Completion of Day Creek Boulevard from Summit Avenue south to Rochester · Completion of Chumh Street from Rochestereast to Etiwanda Avenue · Construction of additional through and/or right turn lanes on all approaches on the intersection of Milliken Avenue and 4th Street, in conjunction with the 4th Street improvement plans. The 2004 "without project" LOS for the study area intersections are summarized in Table 5, as indicated in the Table, all intersections are projected to operate at satisfactory LOS, with the exception of Rochester Avenue/Foothill Boulevard during the PM peak hour. TABLE 5a 2004 "Without Project" Peak Hour Intersections LOS AM Pea,k Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C Milliken Avenue/Foothill Blvd. signal. C Milliken Avenue/Arrow Route signal C Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Church Street minor stop A Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal D Notes: Minor Stop - stop control on minor street only. /~ Initial Study for City of Rancho Cucamonga SUB'I-I'16157/DRC2001-00791 - Lewis Apartment Communities Page 15 Issues and Supporting Information Sources: ~r~m TABLE lib 2004 "Without Project" Peak Hour Intersections LOS , PM peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C · Milliken Avenue/Foothill Blvd. signal C Milliken Avenue/Arrow Route signal D Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Church Street minor stop ' B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal F Notes: Minor Stop - stop control on minor street only. The 2004 %vith project" condition considers the addition of traffic generated by Phase 1 of the proposed project to the roadways in the study area. The 2004 %vith project' LOS for the study area intersections is summarized in Table 6. As indicated in the Table, all intersections are projected to operate at satisfactory LOS under 2004 "with project" conditions; !except for Rochester Avenue/Foothill Boulevard intersection during the PM peak hour. This intersection is identified as operating at an unsatisfactory LOS under existing conditions and in the 2004 "without project" conditions. The addition of the project-related traffic will contribute to this unsatisfactory condition. TABLE 6a 2004 "With Project" Peak Hour Intersection LOS AM Peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road ' signal C Milliken Avenue/Foothill Blvd. signal C MilJiken Avenue/Arrow Route signal C Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Church Street I minor stop B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal D Notes: Minor Stop - stop control on minor street only. Initial Study for City of Rancho Cucamonga SUBTr16157/DRC2001-00791 - Lewis Apartment Communities Page 10 Issues and Supporting Information Sources: ~:~q~t~ I ~m~t I Im~e~ I TABLE 6b 2004 "With Project" Peak Hour Intersection LOS PM Peak Hour INTERSECTION ' CONTROL LOS Milliken Avenue/Base Line Road signal C Milliken Avenue/Foothill Blvd. , , signal C Milliken Avenue/Arrow Route signal D Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy all-way stop ' A Malaga Drive/Church Street minor stop D Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal F Notes: Minor Stop - stop control on minor street only. 2005 CONDITIONS The 2005 conditions will include both with and without Phases I and 2 of the proposed project. The 2005 "w thout project" LOS for the study area intemections are depicted in Table 7. As noted in the Table, all intersections examined are projected to operate at satisfactory LOS, except for Rochester Avenue/Foothill Boulevard in the PM peak hour. TABLE 7a 2005 "Without Project" Peak Hour Intersection LOS AM Peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C Millil~e~Averibe/Foothill Blvd. - ' - signal - C Milliken Avenue/Arrow Route signal C Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pi<wy all-way stop A Malaga Drive/Church Street minor stop B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal D Notes: Minor Stop - stop, control on minor street only. Initial Study for City of Rancho Cucamonga SUB'I-I'16157/DRC2.001-00791 - Lewis Apartment Communities Page 17 Issues and Supporting Information Sources: ~ TABLE 7b 2005 "Without Project" Peak Hour Intersection LOS PM Peak Hour' INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C Milliken Avenue/Foothill Blvd. signal C Milliken Avenue/Arrow Route signal D Milliken Avenue/4th Street signal D Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Church Street minor stop ' B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal F Notes: Minor Stop - stop control on minor street only. , The 2005 "with project" 'conditions considers the addition of project-related traffic from both Phases 1 and 2 to the roadways and intersections in the study area. The 2005 "with project" LOS for the study area intersections are summarized in Table 8. As noted in the Table, all intersections examined are projected to operate at satisfactory LOS except for Malaga Drive,Church Street in the PM peak hour, where the addition of the project traffic at this intersection degrades the conditions to LOS E in the PM peak hour; and Rochester Avenue/Foothill Boulevard in the PM peak hour. The Rochester Avenue/Foothill Boulevard intersection is identified as operating at an unsatisfactory LOS under existing conditions and in the 2004 and 2005 "without project" conditions, the addition of the project-related traffic will contribute to this unsatisfactory condition. TABLE 8a 2005 "With Project" Peak Hour Intereection LOS AM Peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C Milliken Avenue/Foothill Blvd. signal C Milliken Avenue/Arrow Route signal C Milliken Avenue/4th Street / signal C Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Chumh Street minor stop B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd, signal D Notes: Minor Stop - stop control on minor street only. Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 18 Issues and Supporting Information Sources: TABLE 8b 2005 "With Project" Peak Hour Intersection LOS PM ,Peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal C Milliken Avenue/Foothill Blvd. signal C Milliken Avenue/Arrow Route signal D Milliken Avenue/4th Street signal D Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Church Street minor stop E Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal F Notes: Minor Stop - stop control,on minor street only. FORECAST YEAR 2020 CONDITIONS The 2020 forecast traffic conditions, with and without the project, were based 'on the same circulation improvements assumec~ in the 2004 conditions. The 2020 "without project" LOS for the study area intersections are summarized in Table 9. As noted in the Table, all intersections are projected to operate at 'satisfactory LOS in 2020, except for Milliken Avenue/Arrow Route in the PM peak hour, Milliken Avenue/4th Street in the PM peak hour and Malaga Drive/Church Street in the PM peak hour. The intersection of Rochester Avenue/Foothill Boulevard, which is currently operating at LOS F during the PM peak hour and is projected to continue to operate in unsatisfactory LOS in 2004 and 2005, is projected to operate at a satisfactory LOS in 2020. This is expected largely due to the construction of Day Creek Boulevard between Foothill Boulevard and Rochester Avenue. In addition, the CMPs use of higher saturation flow rates for future year analyses contribute to the improvement in the calculated LOS. TABLE 9a 2020 "Without Project" Peak Hour Intersection LOS AM Peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road signal D Milliken Avenue/Foothill Blvd. signal D Milliken Avenue/Arrow Route signal ' D Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy all-way stop A Malaga Drive/Church Street minor stop B Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal D Notes: Minor Stop - stop control on minor street only. Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 19 Issues and Supporting Information Sources: I ~ I ~ ~ TABLE 9b' 2020 "Without Project" Peak Hour Intersection LOS PM Peak Hour INTERSECTION CONTROL LOS Milliken Avenue/Base Line Road si~lnal D Milliken Avenue/Foothill Blvd, signal D Milliken Avenue/Arrow Route signal F Milliken Avenue/4th Street signal F Mountain View Dr/Terra Vista Pkwy all-way stop B ' Malaga Drive/Church Street minor stop ' F Rochester Avenue/Base Line Road signal C Rochester Avenue/Foothill Blvd. signal D Notes: Minor Stop - stop control On minor street only. , The 2020 "with project" condition considers the addition of traffic generated by the proposed project to the roadways in the project vicinity. The "with project" ~OS for the study area intersections are summarized in Table 10. As noted in the Table, all intersections examined are projected to 0~emte at satisfactory LOS in 2020, except for Milliken Avenue/Arrow in the PM peak hour, which is identified as operating at' an unsatisfactory LOS without the project, and the addition of the project-related traffic will contribute to this unsatisfactory condition; Milliken Avenue/4th Street in the PM peak hour which is also identified as operating at an unsatisfactory LOS without the project, and the addition of the project-related traffic will contribute to this unsatisfactory condition; Malaga Ddve/Chumh Street in the PM peak hour which is also identified as operating at an unsatisfactory LOS without the project, and the addition of the project-related traffic will contribute to this unsatisfactory condition; and Rochester Avenue/Foothill Boulevard in the AM peak hour which has been identified as operating at an unsatisfactory LOS under existing conditions, however, the intersection should operate at a satisfactory LOS in 2020 without the project due to the cimulafion improvements in the study area. The addition of the project traffic to the Rochester Avenue/Foothill Boulevard intersection will cause operations to degrade to LOS E. /95 Initial Study for City of Rancho Cuqamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 20 Issues and Supporting Information Sources: u,,..~ ~ TABLE 10a 2020 "With Project" Peak Hour Intersection LOS AM Peak Hour INTERSECTION ' CONTROL LOS Milliken Avenue/Base Line Road signal D Milliken Avenue/Foothill Blvd. signal D Milliken Avenue/Arrow Route signal D Milliken Avenue/4th Street signal C Mountain View Dr/Terra Vista Pkwy. all-way stop ' B Malaga Drive/Church Street minor stop D. Rochester Avenue/Base Line Road signal · C Rochester Avenue/Foothill Blvd. signal E Notes: Minor Stop - stop control on minor street only. TABLE 10b 2020 "With Project" Peak Hour Intersection LOS PM Peak Hour INTERSECTION · CONTROL LOS Milliken Avenue/Base Line Road signal D Milliken Avenue/Foothill Blvd. signal D Milliken Avenue/Arrow Route signal F Milliken Avenue/4th Street signal F Mountain View Dr/Terra Vista Pkwy all-way stop B Malaga Drive/Church Street minor stop F Rochester Avenue/Base Line Road signal 'C Rochester Avenue/Foothill Blvd. signal D Notes: Minor Stop - stop control on minor street only. As a part of the CMP/'rlA requirements, the contribution of "project-related traffic" to "total new traffic" was determined for all the study area intemections, the result are summarized in Table 11. Peak hour project traffic is the total project traffic volume at each study area intersection, as described in the Proiect Traffic section above. The total new traffic is the difference between the 2020 with project traffic volumes, and the existing (2002) peak hour traffic volumes. The project percentage contribution to total new traffic is calculated by dividing the project increment by the total new traffic. Initial Study for City of Rancho Cucamonga SUB'I-I'16157/DRC2001-00791 - Lewis Apartment Communities Page 21 Issues and Supporting Information Sources: I I I I I TABLE 11 Project Contribution. TO 2020 Intersection Growth PM PEAK HOUR INTERSECTION ~ Total Approach Total Project ProjeCt Volume GrOwth Trips Percentage 2002 2020 Milliken Avenue/Base Line Road 5,381 7,563 · 2,182 156 7.1 Milliken Avenue/Foothill Blvd. 5,529 8,688 3,159 262 8.3 Milliken Avenue/Arrow Route 4,398 7,904 3,506 198 5.7 Milliken Avenue/4th Street 5,019 9,469 4,450 135 3.0 Mountain View Dr/Terra Vista Pkwy 375 956 581 163 28.0 Malaga Drive/Church Street 652 1,663 1,012 582 57.6 Rochester Avenue/Base Line Road 4,501 4,996 495 65 13.1 ' Rochester Avenue/Foothill Blvd. 4,923 5,231 308 582 188.8 As noted in the Table, the project contributes incrementally to the study area intersections based on the proximity to the project site. For example, theproject contributes over 188 percent to the intersection of Rochester Avenue/Foothill Boulevard by 2020, but only 3 percent to the Milliken Avenue/4th Street intersection. CIRCULATION IMPROVEMENTS At any intersection where project development is forecast to have an imPact, the CMP requires that improvements be identified as mitigation measures. For intersections that meet the City's minimum LOS standard under existing conditions, the mitigation measures must maintain conformance with that standard; and where -intersections-fail to-meet the-City's minimum-LOS under-existing conditions, the mitigation measure must maintain that the existing LOS. In 2004, upon project development the Rochester Avenue/Foothill Boulevard intersection will not meet the City's minimum LOS standard. However, because this intersection currently operates at LO~; F during the PM peak hour and the delay in 2004 does not exceed the existing, the project is not required to contribute to improvements at this location. In 2005, upon project development neither of the following intersections, Malaga Drive/Church Street or Rochester Avenue/Foothill Boulevard, will meet the City's LOS standard. However, since the Foothill Boulevard/Rochester Avenue intersection currently operates at LOS F during the PM peak hour and the delay in 2005 does not exceed the existing, the project is not required to contribute to improvements at this location. The following mitigation is required for the Malaga Drive/Church Street intersection: Initial Study for City of Rancho Cu~amonga SUBq-1'16157/DRC2001-00791 - Lewis Apartment Communities Page 22 Issues and Supporting Information Sources: ~ 10. The installation of a traffic signal is required for the Malaga Dri.ve/Church Street intersection. In 2020 with project development, ihe following four intersections will not meet the · City's minimum LOS standard: Milliken Avenue/Arrow Route, Milliken Avenue/4th Street, Malaga Drive/Chumh Street, and Rochester Avenue/Foothill Boulevard. 11. Modifications to Intersection lane configurations are required es mitigation in the following locations (calculation of Fair Share Contribution is Included In CMP/TIA prepared by LSA Associates dated July 2002): · Milliken Avenue/Arrow Route - Add a northbound through lane,` and an east bound through lane (Fair Share contribution $14,511). .... · Milliken Avenue/4th Street .- Add a third southbound left turn lane; convert one eastbound right turn lane to a shared through/right turn lane; and, modify the signal phasing to provide right turn overlap phases for the northbound and westbound right turn movementS (Fair Share contribution $6,596) . Malaga Drive /Church Street' L Install a traffic signal (Fair Share contribution $75,124). Since the Foothill Boulevard/Rochester Avenue intersection currently operates at LOS F during the PM peak hour and the delay in 2020 does not exceed the existing, the project is not required to contribute to improvements at this location. · LEVEL OF SERVICE AFTER RECOMMENDED IMPROVEMENTS ARE MADE No improvements are required for Phase 1 (2004) conditions. The intersection of Rochester Avenue/Foothill Boulevard, which is currently operating at LOS F during the PM peak hour, is project to continue to operate at LOS F. Upon completion of the Phase 2 (2005) improvements to Malaga Drive/Church Street, an LOS of B will be achieved dudng the AM peak hour, and LOS C during the PM peak hour. The intersection of Rochester Avenue/Foothill Boulevard however, is currently operating at LOS Flduring the PM peak hour. Upon completion of the 2020 improvements to Milliken Avenue/Arrow Route, Milliken Avenue/4th Street, and Malaga Drive/Church Street the LOS will meet minimum City standards during the AM and PM peak hours. The intersection of Rochester Avenue/Foothill Boulevard however, is currently operating at LOS F during the PM peak hour. b-d) Access to the proposed project will be provided from improved entries from Terra Vista Parkway and Church Street. All proposed and existing streets will allow full access without impeding the through traffic. Access for emergency vehicles is_~..~O Initial Study for City of Rancho Cucamonga SUB'I-]'16157/DRC2001-00791 - Lewis Apartment Communities . Page 23 Issues and Supporting Information Sources: ~ adequate since the perimeter streets are fully improved and the interior private circulation system meets Fire Department standards. e/f) The project site is located at the northwest comer of .Church Street and Terra Vista Parkway. According to Exhibit 111-7 of the City's Geperal Plan, a Class II Bike Lane is present on both Church Street and Terra Vista Parkway. Class II Bike Lanes ara located next to the curb or edge of paved roadways and are a minimum of 5 feet in width. The cyclist shares the road shoulder with vehicles in a Class II Bike Route, which include signage, special lane lines and Other pavement markings. A Class I Bike Lane occurs within the Terra Vista Greenway Trail, which forms .the north boundary of the project. Class I bikeways are off-street trails, separated from motor ~,ehicle traffic. . According to Exhibit 111-13 ~Hiking and Riding Trails Master Plan' of the City's General Plan, the Community Trail .occurs within the Terra Vista Greenway Trail along the north boundary of the project site. The proposed residential development will not cause a hazard or barrier to pedestrians or cyclists because adequate points of ingress/egress have been provided. g) Located approximately 3-miles northerly Of the Ontario Airport, the site is northerly of the flight path and will not be dangerous to users of aimraft. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rata species or their () () () (X) habitats (including, but not limited to: plants, fish, insects, animals, and birds)? .b) Locally designated species (e.g., heritage trees, ( ) ( ) ( ) (X) eucalyptus windrow, etc.)? c) - Eocally--designated natural communities--(e;g;, '( )- ( ) ( ) -- (X) eucalyptus grove, sage scrub habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vemal( ) ( ) ( ) (X) pool)? e) Wildlife dispersal or migration corridors? ( ) ( ) ( ) (X) Comments: a) The site is not within an identified habitat area for any endangered species. Native vegetation was cleared from the site as early as 1984 and annual weed and erosion control measures have been undertaken since that time. b-c) Although previously in vineyard cultivation, the site was graded to a super-pad condition in 1984 when much of Terra Vista was rough graded. There are no existing trees or structures on the site. d) There are no wetland habitats on the site. /(~ Initial Study for City of Rancho Cucamonga SUB'F]'16157/DRC~001-00791 - Lewis Apartment Communities Page 24 Issues and Supporting Information Sources: ~ ~ ~, ' I ~"~Fact I ~co~x~d mpac~ ~ e) The site is undeveloped; however, development surrounding the site has eliminated any wildlife corridors that may have traversed the site in the past. 8. ENERGY AND. MINERAL RESOURCES., Would the proposal: a) Conflict with adopted energy conservation plans? ( ) ( ) ( ) (x) b) Use non-renewable resources in e wasteful and () () () (X,) inefficient manner? ', c) Result in the loss of availability of a known mineral ( ) ( ) ( ) (X) 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 to applicable City standards for energy conservation. c) The site is not designated by State Aggregate Resources Area according to the City General Plan, Figure IV-2 and TablelV-1; therefore, there is no impact. 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of () () () (X) hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency response ( ) ( ) ( ) (X) plan or emergency evacuation plan? c) The creation of any health hazard or potential () () () (X) -health h~:'~rd? ............ d) Exposure of people to existing sources of potential ( ) ( ) ( ) (X) health hazards? e) Increased fire hazard in areas with flammable () () () (X) brush, grass, or trees? Comments: a-e) There is no evidence of commercial or industrial uses other than the prior vineyard cultivation. No evidence of discarded drums, containers, hazardous wastes, or discolored soil are observed. There is no indication of underground storage tanks or illegal dumping, or refuse on the site. Initial Study for City of Rancho Cucamonga SUBTr16157/DRC2001-00791 - Lewis Apartment Communities' Page 25 II Issues and Supporting Information Sources: ~ 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) ( ) (X) ( ) b) Exposure of people to severe noise levels? ( ) (X) ( ) ( ) Comments: ' ~ a) The primary existing noise soume in the project area is transportation corridors. Traffic along Chumh Street is the predominant source contributing to the ambient noise level in the area. Construction of the proposed project would potentially result in relatively high noise levels and annoyance at the closest residences. The following measures would, reduce short-term construction-related noise impacts associated with the proposed project, as required by the Development Code. 12. During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers standards. 13. The project contractor shall place all stationary construction equipment so that emitted nolee is directed away from sensitive receptors nearest the project sits. 14. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction related noise and the noise-sensitive receptors nearest the project site during all project construction. 15. During all project site construction, the construction contractor shall limit all construction related activities that would result in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. No construction shall be allowed on Sundays and public holidays. b) The proposed on-site residential dwellings would be exposed to traffic noise level potential exceeding the 65 CNEL standard in outdoor activity areas; and the 45 CNEL for interior living space, as specified in the General Plan. An Acoustical Analysis was prepared by Gordon Bricken and Associates, dated July 24, 2002; mitigation measures recommended in that report are included below. EXTERIOR NOISE LEVELS 16. Sound barriers of at least five feet in height must be erected around all first floor private patios with any view of Church Street from buildings 63- 68. As an alternative, the applicant may choose to erect a continuous Initial Study for , City of Rancho Cucamonga SUBTT16157/DRC2,001-00791 - Lewis Apartment Commu,n, ities_ Page 26 Issues and Supporting Information Sources: ~ ~ '~ I I , ~ s~g.rr~t ~r~. I s~g.~=~ I N~ I I ~ ll~t~l ~1~a ll~=~l sound barrier of at least four feet in height along the proposed Church .. Street fence line; this alternative eliminates the need for individual sound barriers at each impacted first floor patio, and has the added benefit of mitigating nearly 'all of the project's ground level exterior living space to 65 dBA CNEL or less. 17. Sound barriers of at least five feet in height must be erected around all second floor private balconies with any view of Church Street in Building 63. 18. Sound barriers of at least four feet in height must be erected around ell second floor private balconies with any view of Church Street from buildings 64-68. 19. All required sound barriers may be constructed using any of the following materials: masonry block, . stucco on wood frame, 3/4-inch plywood, 1/4- inch glass or 1/2-inch LEXAN, earthen berm, or any combination of these materials or any material with a surface weight of at 3~ pounds per square foot. Each completed noise barrier must present a solid face from top-to-bottom, no cutouts or openings are permitted. The calculations reflect that the setback along Terra Vista Parkway is sufficient to reduce the exterior noise levels to below 65 dBA CNEL without the need for barriers. INTERIOR NOISE LEVELS The buildings would be expected to be constructed, as a minimum, with the following basic building materials that will provide a 20 dBA noise reduction; which will be adequate when the outdoor noise levels are up to 65 dBA CNEL: Exterior Wall - siding or stucco; 2-inch X 4-inch studs, R-13 fiber glass insulation, ½-inch drywall. Windows - 3/32-inch double pane aluminum horizontal sliders. Sliding Glass Doors - 3/16-inch double pane alum num horizontal sliders. Roof - Shingle over 1/2-inch plywood, fiberglass insulation, 5/8-inch drywall, vented. : Floors - carpeted, except kitchen and baths. However, units facing Church Street will be exposed to noise levels as high as 69 dBA CNEL therefore additional mitigation is required: Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 27 I Issues and Supporting Information Sources: · · '~"" a~..~ 20. STC 28 glazing shall be used in all rooms with any view of Chu,rch Street in buildings 63-68. This applies to all windows, sliding glass and French doors in each specified room (even if the glazing directly face Church Street). When the noise calculations depend on having the windows closed, as it is in this case, it is necessary to provide adequate ventilation with~out resorting to opening the windows, should the occupant desire not to do ,so. Therefore the following measure is required: ', 21. All units adjacent to either Church Street or Terra Vista Parkway shall be equipped with a "summer switch" and outside ducting to the forced air unit or by installing air conditioning at all such units. 11. 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? ( ) ( ) ( ) (X) b) Police protection? ( ) ( ) ( ) (X) c) Schools? () () (X) () d) Maintenance of public facilities, including roads? ( ) ( ) ( ) (X) e) Other governmental services? · ( ) ( ) ( ) (X) Comments: a-e) Fire Protection - The site, located on Church Street at Terra Vista Parkway, will be served by a fire station located near Base Line Road east of Day Creek Channel, or Milliken Avenue near Banyan Avenue. Standard Conditions of Approval of the Uniform Building and Fire Codes are placed upon project approval. Police Protection - The proposed residential subdivision will incrementally increase the need for routine police protection services, consistent with the City of Rancho Cucamonga General Plan and Development Impact Fee schedule adopted by the City Council. Schools - The proposed project is located within the Terra Vista Community, which has agreements with the affected school districts to fund school construction. The Etiwanda School District has estimated that the project will generate 108 K-5 students and 34 students in grades 6-8. The project is within the Etiwanda School Distdct CFD No. 3 and mitigation is by means of the annual special tax levied by the CFD. Parks - The proposed project is located within the Terra Vista Community, which has a Park Implementation Agreement approved by the City Council, through which park sites are developed for the entire Community Plan area. / Initial Study for City of Rancho Cucamonga SUB'I-r16157/DRC2001-00791 - Lewis Apartment Communities Page 28 Issues and Supporting Information Sources: ~ I Public Facilities/Services - The prop~)sed residential subdivision would incrementally increase traffic On adjacent streets, consistent with the City of Rancho Cucamonga General Plan and Deve. lopment Impact Fee Schedules adopted by the City Council. ' ' 12. 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? ( ) ( ) ( ) (X) b) Communication systems? ( ) ( ).. ( ) (X) c) Local or regional water treatment or distribution () () (X) ( ) facilities? d) Sewer or septic tanks? ( ) ( ) ( ) (X) e) 'Storm water drainage? . ' ( ) ( ) ( ) (X) f) Solid waste disposal? ( ) ( ) ( ) (X) g) Local or regional water supplies? ( ) ( ) (X) ( ) Comments.'. ', ~ ~ a-f) The proposed project will include the construction of 677 multi-family residences. The proposed development will extend as 'necessary existing utilities into the site as a condition of development. The proposed project will not require major ' modification or alterations to the existing utility infrastructure in the immediate area. c/g) A Water Supply Assessment (WSA) was prepared by the Cucamonga County Water District (CCWD) and approved by the Board on September 10, 2002. The complete WSA and all attachments is available for review at the City of Rancho Cucamonga Planning Division and the CCWD offices, a summary is provided · herein. The WSA is required inder recent changed in the Water Code Section 10910 (SB 610 and SB 221). The estimated water demand for the proposed project is 194.13 acre-feet of water per year. The CCWD has anticipated such growth through the preparation of water supply documents, including the Water System Master Plan and the Urban Water Management Plan. The CCWD has~ la variety of water sources that include groundwater from two separate groundwater basins, local surface water, sub- surface flows, and imported water from the State Water Project. GROUNDWATER The CCWD pumps water from both the Cucamonga and the Chino groundwater basins. Historically the Cucamonga basin has served as the predominant source of groundwater for CCWD, pumping from wells in the Cucamonga Creek (10 wells) and in Alta Loma (seven wells). The average annual groundwater production in the Cucamonga basin over a ten-year period is 16,200 acre-feet/year. Initial Study for City of Rancho Cucamonga SUBTI'16157/DRC2001-00791 - Lewis Apartment Communities Page 29 Issues and Supporting Information Sources:u~ The Chino Basin is located south of the Cucamonga Basin, separated, b,y the Red' Hill fault. The CCWD has an adjudicated pumping right of 3,619.454 acre-feet per year in the Chino Basin, with an additional 6,396.736 acre-feet per year as a result of the pumhase of the Kaiser Venture water rights in the Fontana Water Company, for a combined total of 10,016.184 acre-feet per year from the Chino Basin. LOCAL CANYONS ' The CCWD has acquired surface and subsurface rights to water in four local canyon watersheds over the years, including Cucamonga Canyon, Deer Canyon, Day Canyon, and East Etiwanda Canyon. All water from the canyon sources flows to one of three water treatment facilities. Over a ten year period water production from the canyons sources ranged from a Iow of 3,436 acre~feet per year to a high of 9,889 acre-feet per year. IMPORTED WATER Imported water is available to CCWD through Metropolitan Water District '(MWD) conveyed by way of the Foothill Feeder pipeline. The CCWD imported water purchases have ranged from 16,167 acre-feet/year to 19,156 acre-feet per year. Reports from MWD indicate that they are able to bring water supplies on-line at least 10-years in advance of demand with a high degree of reliability (Report on Metropolitan's Water Supply, February 11, 2002). WATER RECYCLING The development of a recycled water system within the CCWD service area is actively being pursued as a reliable and cost efficient way to reduce the district's reliance on imported water. CCWD is working with the Inland Empire Utility Agency and other local agencies tO develop a regional recycled water distribution program -that will-maximize wateFreuse. -Recycled water is an important component of the District's 2000 update to the Urban Water Management Plan to meet future water demands resulting from anticipated population growth in the area. The district has finalized a list of 16 potential recycled water users to be served by Phase I of the recycled water distribution system by 2005. PROJECTED SUPPLY AND DEMAND CCWD has sufficient water to meet customer demand through 2020, as illustrated in Table 12. This is based on average precipitation, a continued commitment to conservation programs, the implementation of the recycled water program, ground water recharge and conjunctive use programs. Initial Study for City of Rancho Cucamonga SUB']-I'16157/DRC2001-00791 - Lewis Apartment Commute!ties Page 30 Issues and Supporting Information Sources: u~ Table 12 Project Supply and Demand (acre-feet/year) 2000 ', 2005 2010 2015 2020 Supply Totals 51,800 60,900 68~900 75,400 80,400 Demand Totals 48,000 52,800 58,090 63,910 70,310 DIFFERENCE 3,800 8,100 10,810 11~490 10~090 Source; CCWD 2000 Urban Water Management Plan The WSA also includes a 20-year analysis of the supply and demand during single- and multiple-dry years taken from the District's Urban Water Management Plan. .The District is expected to meet 100 percent of its demand under every scenario analyzed. Therefore, the CCWD Board adopted the Assessment of Water Supply for the proposed project on September 10, 2002, determining that: 'A sufficient water supply is available for the proposed project. The total water supplies available to CCWD during normal, single-dry and multiple-dry years within a 20-year projection will meet the projected wate~ demand of the project in addition to the demand of the existing and other planned future uses, including, but not limited to,. agricultural and manufacturing uses.' 13. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ( ) ( ) ( ) (X) b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (X) c) Create light or glare? ( ) ( ) (X) ( ) Comments: a-b) The proposed residential subdivision is located adjacent to Terrs Vista Parkway and Church Street, and must be developed in conformance with the landscape and streetscape guidelines of the Terra Vista Community Plan. The residential structures must receive City of Rancho Cucemonga Design Review Committee approval prior to project approval. c) The proposed project development will increase the number of streetlights and security lighting used in the immediate vicinity. Because of the nature of the existing residential and commercial development in the area surrounding the site, the impacts of light/glare will not be significant. 14. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? ( ) ( ) ( ) (X) b) Disturb amhaeological resources? ( ) ( ) ( ) (X) Initial Study for City of Rancho Cucamonga SUB'I-r16157/DRC2001-00791 - Lewis Apartment Communities Page 31 Issues and Supporting Information Sources: c) Affect historical or cultural resources? ( ) ( ) ( ) (,X) d) Have the potential to cause a physical change () () () (X) which would affect unique ethnic cultural Value~? e) Restrict existing religious or sacred uses within the ( ) ( ) ( ) (X) potential impact area?. ' Comments: ,, a-e) Although no cultural resources have been observed dur ng previous grading on the site and on surrounding parcels, as well as during annual site maintenance, additional grading on the site may expose or unearth historic cultural resources.' As much of the surrounding area has previously been developed, the likelihood of unearthing cultural resources is minimal and impacts are, therefore, considered to be less than significant. In the event that any such resources are discovered, the · " contractor will be required to contact the owner of the site and the San Bernardino'. ', County Museum for the proper recovery, removal, or documentation. 15. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional ( ) ( ) ( ) (X) parks or other recreational facilities? b) Affect existing recreational opportunities? ( ) ( ) ( ) (X) Comments.· a) The proposed residential subdivision, including 677 dwelling units in phase one of the project, will incrementally increase the use of existing parks within Terra Vista; however, a Park Implementation Agreement was adOpted by the City Council, which sets standards for park development within Terra Vista. b) The proposed subdivision is located westerly of Mountain View Park and easterly of - Milliken Park; the two-parks are connected bythe East Greenway Trail which form the north boundary of the site. The proposed project will not negatively impact the use or enjoyment of any of the existing parks in Terra Vista or the City of Rancho Cucamonga. 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the ( ) ( ) ( ) (X) 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? / ~) 7 Initial Study for City of Rancho Cucamonga SUBTI'16157/DRC2001-00791 - Lewis Apartment Communities Page 32 Issues and Supporting Information Sources: ~ b) Short term: Does the project ~have the potential to ( ) (X) ( ) ( ) achieve short-term, to the disadvantage of long- term, environmental goals? (A shprt-term impact on the environment 'is one which OCCum in a. relatively brief, definitive period of time. Long-te .r~ impacts will endure well into the future.) c) Cumulative: Does the project have impacts that () () (X) () 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.) d) Substantial adverse: Does the' project have ( ) ( ) ( ) (X) environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: . ~. a) The site is not within an identified habitat area for any endangered species. Native vegetation was cleared from the site in'1984. At this time, the vineyard was removed and the site was graded to a 'superpad' condition. Annual erosion and weed control measures have been undertaken since that time. There are no ', existing trees or structures remaining on the site.' b) The project site is approximately 60 acres in size, and grading will entail .. establishing proper drainage and residential building pads suitable for multi-family development. Although the short-term construction activities may result in dust and noise, which may be noticeable to existing residents_in the immediate area, significant impacts are avoided through implementation of erosion control and dust suppression measures identified in Section 5. Initial Study for City of Rancho Cucamonga SUBTT16157/DRC2001-00791 - Lewis Apartment Communities Page 33 Issues and Supporting Information Sources: p~ ~u~ ~, c) The site is within the Terra Vista Community Plan, and the proposec~ projeqt., is consistent with the City of Rancho Cucamonga General Plan along with the certification of a Program EIR, Findings of Fact, and a Statement of Overriding Consideration for significant adverse environmental effects of buildout in the City and sphere of influence. The City Council made findings that adoption of the General Plan would result in significant adverse effects to air quality, the acoustical environment, library services, and aesthetics and visual resoumes. Mitigation measures were adopted for each of these, resoume'~; however they would not reduce impacts to less than significant levels. As such, the City Council adopted statements of overriding consideration balancing the benefits of development under the General Plan update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h). These benefits include less overall traffic volumes by developing mixed-use and mixed-density projects that will be pedestrian friendly and conservation of valuable natural open space. With these ~' findings and statements of overriding consideration, no further discussion or'.'. evaluation of cumulative impacts is required. d) The proposed development on 60 acres would not cause substantial adverse effects on human beings, either directly or indirectly. The site is located on a Medium, Medium-High and High Density Residential parcel along Terra Vista Parkway at Church Street. 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 eadier 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): (X) General Plan and Program EIR, Certified October 17, 2001 (X) Terra Vista Planned Community EIR, SCH #81082808, certified February 16, 1983 (X) Geotechnical Report Update, prepared by RMA Group, dated May 27, 2002. (X) Acoustical Analysis, prepared by Mestre Greve & Associates, dated July 24, 2002 (X) Traffic Impact Analysis, prepared by LSA Associates, Inc., dated July 31, 2002 (X) Water Supply Assessment, prepared by Cucamonga County Water District, dated September 10, 2002 /~ Initial Study for City of Rancho Cucamonga SUB'F]'16157/DRC2001-00791 - Lewis Apartment Commun.~_~___~ies ~Page 34 "- Issues and Supporting Informatio APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no' significant environmental effects would occur. Signature: ~?~ Date: Pdnt Name and Title:/~n ~;~,i~/~", PETITION AGAINST PROPOSED APARTMENTS TO 'BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the ~r~sence of apartments in an area increases the crime rote of the area 'n those who live in the vicinity affd promoting a decrease in home thereby endangen, g . J ~--:; .... otection from the aforementioned crime for values, we the unoerslgnea, ac~mJ,~ v- ourselves, our families, and our property, strongly oppose the building of apartments on tcre lot on the northwest comer of Church and Terra Vista parkway (Tract Map 22. -- 231 ' 26. 27._ '- 28. 29. 30. 31._ -- 13._ __ . 32. 14. 33. 34. 35. 17. 36. 18._ __ PETITION AGAINST ]~ROPOSED APARTMENTS , , TO BE BUILT ON TRACT MAP SUBTY 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apmt,~ents in an area in'creases the crime rote of the area thereby endangering those who live in the vicinity and promoting a decrease in home ~alues, we the undersigned, desiring protection from the aforementioned crime for, ,. ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map SUBTT 16157). - ~, · '~'\ 2.._~ ~<~. ~/.~/_~ 20. 4. ~,44~:.~'f ~ ~c-'C/ 22. · ~ ~': ' 28. _ ~' ['~O ~ . 12. ~ ~Qc ~ 30. .PETITION AGAINST PROPOSED APARTMENTS 'TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Chu'rch and Terra Vista Parkway) Whereas the presence of apamnents in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly'oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Ten'a Vista parkway (Tract Map SUBTr 16157). :2:3 11. ,~',r' 6 ,.. , . 12. ..--- 18. /L:/~ ~,:.~4h~ 36. '; .... - PET1T1ON AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home ~'alues, we the undersigned, desiring protection flora the aforementioned crime for,., ourselves, our families, and our property, strongly oppose the building of apartments on , ~ lot on the northwest comer of Chumh and Terra Vista Parkway (Tract Map , / 19. ~ 20. 21. 4. 22. 23. 6. 24. 7. 25. 8. 26. 9. 27. 10. 28. 11. 29. 30. 13. 31. 14. 32. 15. 33. 16. 34. 17. 35. 18. 36. October 26, 2002 DAWN COLEMAN ~1.~ BARF~ DRIVE ~ McNie~ C~ ~NCH0 CU~MON~ ~ 91~ ~ho ~on~ CA ~ you f~ ~e ~e ~d a~fion you ~e ~ renew pro~ ma~ f~ ~ on You ~y a~fion to ~ ~e pro~ o~ ~d ~ ~ obli~om of yom Cu~ ~ - ~sh to ad&~ ~ issm of~e ~ ~sifiom ~ one ofm~y ~n~m~ hom~e~, I on ~e ~m~ of Ch~ch ~d T~ Vi~ P~Y. I live ~ a single ~ly home n~ ~ pro~ &velopme~ I mo~ i~ ~ ~ ~ it ~ a ~, ~fe pl~ ~ live. ff 677 a~en~ ~ ~ ~ ~s ~ it ~ much mom ~c, ~ch ~ ~ more ~i~. m~t ce~ quo~ for ~e n~r of a~a.en~ b~lt he~, pl~ ~ ~ b~ ~ in ~o~er ~ PI~ ~n to ~e voi~ of~e ~ple ~ ~s ~. Sin~ly, OCt 3 0 October 26, 2002 CITY OF RANCHO CUC^MOr~A Rich Macies, V'~e Chairman Rancho Cucamonga Planning Commission OCT ;~ 0 2002 ,10500 civic Center Drive , P.O. Box 809 ' RECEIVED - PLANNING Rancho Cucamongal CA 91729 Dear Vice Chairman Mad&s: '1 appreciate the time and energy you put into researching issues dealing with the development of Rancho Cucamonga property. I want you to know how many, dtizens feel about the property to be developed on the come~: of Terra Vista Parkway and Church. My neighbors and I are concerned about having apartments so dose to our homes. Many of us have lived in apartments, or in areas where there were apartments nearby and we have experienced what that means. Also in researching the matter, we found that there is an increase in crime and that property values may be negatively impacted. We are aware that there are no new schools planned for this area and that the nearby schools are' at, or near capacity. There would be an increase in traffic, making the area less safe for all of us, including the children who walk to school. , Please ponder the consequences such a decision would have on many lives. Realize that there are many concerned citizens. I ask that you consider options other than medium, medium-high, and high density projects in our area. Sincerely, CiTY OF RANCHO CUCA~ONGA Octobe~ 26, 2002, OCT $ 0 Rich ~, Vi~ ~ ~cho ~on~ Pl~g ~ion RECEDED - PLANNING 105~ Ci~c ~ ~ - P.O. ~x 8~ · ~ ~ ~ ~ ~o ~on~ CZ ¢~t2~ , ~ ~ ~ ~Vi¢~~: .... I ~i~ ~ ~o~ ~sido~ ~ ~ou m help ~ ~c ~ ~ ~t ~1~ ~ ~ ~. I~ow~ ~c~ou ~vc ~ ~ ~ ~m ~ ~plc of ~c~ ~o~ ~d ~ ~ ~t ~g i~u~ ~ ~ ~ h~ ~v~. I ho~ ~ou ~ su~n ~ on ~ J~ of ~t ~ m ~- b~ hom~ on ~c no~ so~ ~d ~ si~ ~ ~ s~c ~ hom~ ~ ~ c~c ~d ~j~ ~c ~ci~. ~ ~ci~ ~ve ~c~c~ ~c ~ ~ d~ ~ ~~ ~ .... ~ · ' ~wofl ~ Y - · ' ' ~]dm~ao~e~. ~, ~-g~ls ~ ~e ~ 'l~C m ~ m~ wodd mc~ ~g - ., e you mt to ~e d~isiom ~ ~ h ~e ~ ~e~ of~ ~e c)~ of~o Cu~o~ ~d of ~ c~ i~ B~di~ s~e ~iy hom~ on ~ ~.17 ~ ~ of ~h ~d T~ Vim Pray wo~d ~ ~ P~' My nei~ ~d I ~ mn~y o~ ~ ~Y ~d of a~ ~ b~t on ~ land PI~ ~ ~ b~&g of ~e~ ~ ~e ~mer of Chmh ~d T~ Vi~ P~Y-' you for yo~ ~ S~ly,/ RECEIVr.~ CITY OF RANCHO COCAt,~(I~. A~MIt, le~o.~-,~'. 11586 F~lm Meadows Dr 7,8,9,10,11 ' 0ctober 26, 2002 William J. Alexander . Rancho Cucamonga Mayor '10500 CMc Center Drive , . Rancho Cucamonga, CA 91729 Dear Mayor Alexander. As mayor you represent the pdvate dtizens of Rancho Cucamonga. We voted for you because we felt you would help improve our city and would support us in times of need. I hope you will help us with an issue that directly impacts many lives. On the comer of Church and Terra vista Parkway the city has proposed to put 677 apartments on 60.17 acres of land, dght next to our homes. Our neighbors have researched the issue and found that crime would at least double and our home values may decrease. Our schools are already full and there are no plans to build new schools in the area. Traffic in the area wqu!d increase making accidents more ike . I purchased my property in what was a very nice, Iow-density neighborhood. I wish the neighborhood to continue to be a safe and enjoyable place to live in. I believe that the presence of any kind of apartments in the neighborhood would have a significant negative impact on the entire neighborhood. Please speak up against the building of apartments on the comer of Church and Term Vista Pankway. As we voted for you, please also support us. Thank you for your attention. RESOLUTION NO. 02-107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT16157, A RESIDENTIAL SUBDIVISION OF 10 LOTS ON 60.17 ACRES OF LAND IN THE MEDIUM, MEDIUM-HIGH, AND HIGH RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT. THE NORTHWES;I' CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30. A. Recitals. Lewis A artment Communities filed an appl cat on forthe approval of Tentative Tract ap 1. _P ...... ,._ ,=.,A A,,HS Resolution Hereinafter in this Resolution, the subject 16157 as oescnDea tn ~.~ uu= V.L,, - TSeUnBta-~ti~e Tra~ Map request is referred to as '1he ,pplicat,on." . ' On October 23 and continued to November 13, 2002, the Planning Commission of th City o~' Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior.to the a .dop{ion of this Resolution have occuned. B. Resolution. NOW, THEREFORE, it is hereby found, detarmin ',ec~, ~nd resolved bythe Planning Commission of the City of Rancho Cucamonga as follows: t. 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 hearings on October 23, and November 13, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically fir~ds as follows: a. The application applies to property ocated at the northwest corrlel'of Church Street and Terra Vista Parkway with a street frontage of approximately 2,330 feet a ong Church Street and approximately 800 feet along Terra Vista Parkway, which are both presently improved with curb, gutter, and street pavement; and b. The property to the north of the subject site is the East Greenway Trail, the property to the south consists of Tract 15492, which is currently under construction and vacant land with a edesi nation of Medium-High Residential, the p?perty to the east is Tract 15072' c°mm°nly ~nnodwUnSas theg~iillage of Independence, and the property to the west is Milliken Park and the recently completed storage facility, which is in the Commercial Recreation land use designation of the Terra Vista Community Plan; and c. The tentative map contains 10 lots for condominium purposes; and d. The proposed project is subject to noise levels of 65 CNEL along Terra Vista Parkway and Church Street, which can be mitigated to acceptable Ira,els as described in the Noise Study prepared for the project; and pLANNING COMMISSION RESOLUTION NO. 02-107 SUB'1-1'16157 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 2 · The ro'ect will generate traffic trips wh!ch can be accommodated through public · e --' .'P-~-~'~es and fair share cost contnbutions as described ,n the Congestion street improvem~m up~,o,~- ' ' Management Plan Traffic Impact Study prepared for, the project; and ~ ' f The project is consistent with the General Plan Land Use Designations'of..Medium, Medium-High, and High Residential, with a proposed Phase One project density of 17 dwelhng units Pe~' acre; and . · The ro osed project of 677 apartment units is in accorda, nce ~th..th.e o_bje~ti. '.ves...~ the Developgreen, Coc~e ~nd the purposes of the Medium, Med,um-Hlgn, ana i-Ilgn ~.,slaen~.al Districts. In addition, the proposed project is in accordance with the Term Vista Community Plan; and h. The proposed project conforms to the standards and regulations of the Development Code, as well as the Terra Vista Community Plan, in terms of setbacks, building separation, parking, and the provision of recreational amenities as noted in the staff report; and The ro osed roject and the intenc~ed use together with all Conditions of Approval · ,. i P. P -..P .............. ~o,~ or materially injurious to properties or' wi'Ii' not be detrimental to pupllC nearm, sa~ty improvements in the vicinity. The project proponents are required to complete all missing parkway improvements adjacent to the site. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and .upon the specific findings of facts set forth in paragraphs I and above, this Commission hereby finds and concludes as followS: . a. That the tentative tract is consistent with the General Plan, Development Code, and the Term Vista Community Plan; and b. The design or improvementa of the tentative tract is consistent with the General Plan, Development Code, and the Term Vista Community Plan; and C. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and he des~ n of the tentative tract will not conflict with any easement acquired by the f. T . 'g ........ '- -- use of the nroperty within the proposed public at large, now o! recorcl, tor access mrou~l- ~,, r subdivision· · u on the facts and information contained in the proposed Mitigated Negative DeclJr~tion,B~oS;edth~Pr with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: pLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 3 a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental~ Quality Act of 1970, as amended, and the State cEQA guidelines promulgated thereunder;, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. , b. Although the Mitigated Negatve Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed' below as Conditions of Approval. ant to the revisions of Section 753.5(c) of Title 14 of the California Code of c Pursu P ........ ~erin,, the record as a whole the Regulations, the Planning Commission T~n(3s as to ows: Initial Study and Mitigated Negative Declaration for the project, there is no' evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends· Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1.-d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2,3, and 4 above, · hereb a roves the application subject to each and every condition set forth below this Commission Y ..P..P ........... -~,:,,-,,,~orated herein by this reference. and in the Standard COnaltlOnS, attacnea 1) The approval of SUBl-r16157 is subject to the approval of the Terra Vista Community Plan Amendment DRC2002-00533, resulting in the prevision of a Trail Type "E" along Term Vista Parkway and Church Street. The Trail Type "E" shall be developed in accordance with the trail standards of the Terra Vista Community Plan. 2) The final map(s) shall utilize the tentative tract number (e.g., 16157-1, - -- -16157-2, etc.). 1) Terra Vista Parkway and Church Street frontages shall be fully improved. Improvements shall include, but are not limited to, cud~s and gutters, sidewalks, streetiighta, stree~t trees, traffic signing/striping, drainage facilities, etc. 2)Provide traffic signal at the intersection of Church Street and Term Vista Parkway, with a Transportation Fee Credit. 3) provide a traffic signal at the intersection of Church Street and Malaga Drive, and Terra Vista Parkway and Mountain View, as required with no Transportation Fee Credits. pLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 4 4) Medians in Terra Vista Parkway and Church Street to be protected in place and modified or repaired as required'with no new openings. 5) No additional median island opehings are allowed on Terra Vista Parkway. 6) Access off Terra Vista Parkway shall be 'per City Standard drive approach. Access off Church Street can be a street type entry;, however, a catch basin shall be installed on the upstream side. 7) If gated access is proposed, it should comply ~th City Design Guidelines. ' . 8) This project is connected to, or will disrupt an existing City-maintained landscape and irrigation area, and will require an encroachment permit. The proposed changes to City property shall be documented and approved on City originals through the plan-check process. Pfiorto any new construction, a joint inspection and documentation of the existing .... areas' condition shall occur with the new work contractor, City inspector, and a City maintenance representative. At this point, the new work contractor shall be responsible for maintenance of the existing landscape and shall maintain al._J areas sharing the same controller and/or meter until the maintenance period is complete, as directed by the City inspector. A follow-up inspection of both new and existing area is required prior to the City's acceptance of the new area. The existing irrigation system shall be adjusted as needed and any damaged landscaping replaced to the satisfaction of the City Engineer. Access to the existing irrigation controller cabinet will not be allowed without consent from, and supervision by, the City. Contractor to provide 24 hours notice to maintenance for any cabinet access. Enw'ronmental Miti atio Water 1) --P~Sr-t6 i~suance o~ 'g~i~p~rmJts,~'h~-rapplicant shall prepare a Storm Water Pollution Prevention Plan that identifies BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the Building Official. Air Quality 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 2) Surrounding streets shall be swept according to a schedule established by the City to reduce PMso emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. pLANNING COMMISSION RESOLUTION NO. 02-107 SUBTT16157 - LEWIS APARTMENT COMMUNITIES · November 13, 2002 Page 5 3) Grading operations shall be suspended when wind speeds exceed 25 miles~ per hour to minimize PM~0 emissions from the site during such episodes. ' . 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive constmqtion 'areas that remain inactive for 96 hours or more to reduce PM~o emissions. 5) The construction contractor shall select the c~onstruction equipment used on-site based on 10w emission' factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6) The construction contractor shall utilize electric or clean alternative fuel' ' powered equipment where feasible. 7) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. 8) Painting activities shall be spaced out over a period of at least 80 days. The contractor shall utilize Iow vqlatile organic compounds 0VOC) paints. Transportation 1)The installation of a traffic signal is required for the Malaga Drive/Church Street intersection. 2) Modifications to intersection lane configurations are required as mitigation in the following locations (improvements will be funded through Transportation Development Impact Fees): Milliken Avenue/An'ow Route - Add a northbound through lane, and an eastbound through lane. · Milliken Avenue/4th Street- Add a third southbound left turn lane, convert one eastbound right turn lane to a shared through/right tum lane, and modify the signal phasing to provide right turn overlap phases for the northbound and westbound right turn movements. · Malaga Drive/Church Street - Install a traffic signal. Noise 1) During all project site excavation and grading, the project contractors shall equip ali construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturer's standards. pLANNING COMMISSION RESOLUTION NO. 02-107 SUB']-r16157 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 6 2) The project contractor shall place all stationary construction equipment so that emitted, noise is directed away from sensitive receptors nearest the project site. " ' , contractor shall locate equipment staging in areas tha{ 3) The constructi;?eatest distance between construction related noise and will create the the noise-sensitive receptors nearest the project site during all project construction. 4) During all project site construction, the construction contractor shall limit all construction related activities that would result in high noise levels to between the hours of 6 30 a.m. and 8:00 p.m. Mondaythrough Saturday. No construction shall be allowed on Sun.days and public holidays. 5) Sound barriers of at least 5 feet in height must be erected around all first floor private patios with any view of Church Street from Buildings ..... 63-68. As an aitemative, the applicant may choose to erect a continuous sound barrier of at least 4 feet in height along the proposed Church Street fence line. This alternative eliminates the need for individual sound barriers at each impacted first floor patio, and has the added benefit of mitigating nearly all of the project's ground level exterior living space to 65 dBA CNEL or less. 6) Sound barriers of at least 5 feet in height must be erected around all second floor private balconies with any view of Church Street in Building 63. 7) Sound barriers of at least 4 feet in height must be erected around all second floor private balconies with any view of Church Street from Buildings 64-68. 8) All required sound barriers may be constructed using any of the following materials: masonry block, stuCcO on wood frame, 3/4-inch plywood, 1/4-inch glass or 1/2-inch LEXAN, earthen berm, or any combination of these materials or any material with a surface weight of at 3-1/2 pounds per square foot. Each completed noise barrier must present a solid face from top-to-bottom, and no cutouts or openings are permitted. 9) STC 28 glazing shall be used in all rooms with any view of Church Street in Buildings 63-68. This applies to all windows, sliding glass, and French doors in each specified room (even if the glazing directly faces Church Street). · 10) All units adjacent to either Church Street or Term Vista Parkway shall be equipped with a "summer switch" and outside ducfing to the forced air unit, or by installing air conditioning at all such units. PLANNING COMMISSION RESOLUTION NO. 02-107 SUB']-I'16157 - LEWIS APARTMENT COMMUNITIES ~ . November 13, 2002 Page 7 '. 6. The SecretarY to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2002. pLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA RiCh Macias,. V. ice Chairman ATTE~.~d~ 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 Cu~amonga, at a regular' meeting of the Planning Commission held on the 13th day of November 2002, by the following vote-to-wit: AYES: COMMISSIONERS: HACIAS, ~ANNERINO, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: STEWART, TOLSTOY City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract 16157 and Development Review DRC2002-O0791 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has' been prepared in compliance with State law to ensure that adopted mitigation measures ~re implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering-all costs and expenses, including any consultants' fees' incurred by the city in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Ddve Rancho Cucamonga, CA 91730 Mitigation Monitoring Program Tentative Tract 16157 and Development Review DRC2001-00791 Page 2 3, Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the prbject planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to.the Project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no furtl'~er action is required for the specific phase of development, 5, All MMP Reporting FOrms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form, , 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures, The project planner is responsible for approving any such refinements or additions, An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after wdtten notification has been issued. The project planner or responsible Citydepartment also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or respqnsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City, These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time, 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the padicular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the Ci~s MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits, MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: SUBTT16157 AND DRC2001-00791 Appli~:ant: LEWIS APARTMENT COMMUNITIES Initial Study Prepared by: DEBRA MEIER Date: SEPTEMBER 24, 2002 The site shall be treated with water or other soil-stabilizing agent CP C Notes must be on A/C 4 (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, grading plan in accordance with SCAQMD Rule 403 Surrounding streets shall be swept according to a schedule CP/CE C Notes must be on A/C 4 established by the City to reduce PM~o emissions associated with Fading plan vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind speeds exceed CP C Notes must be on NC 4 25 mph to minimize PM~o emissions fi'om the site during such - 3rading plan episodes. I Chemical soil stabilizers (approved by SCAQMD and RWQ~B) shall CP C Notes must be on A/C 4 be applied to all inactive construction areas that remain inac?ve for 96 grading plan The construction contractor shall select the construction equipment CP C Notes must be on NC 4 used on-site based on Iow emission factors and high-energy efficiency, grading plan The construction contractor shall ensure the censtmcfibe grading plans include a statement that all consfi'uction equipment v~ll be tuned and maintained in accordance with the manufacturers' specifications. Theconstrucfioncontractorshallutilizeelectdcorcleanaltemafivefuel CP C Notes must be on A/C 4 powered equipment where feasible, grading plan The construction contractor shall ensure that construction-grading CP C Notes must be on A/C 4 plans include a statement that work crews witi shut off equipment when grading plan not in use. Palntthgactivitiesshallbespacedoutoverapertadofatleast80days. CP C Notes must be on NC 4 The contractor shall utilize Iow volatile organic compounds (VOC) grading plan paints. Tee installation of a traffic signal is required for the Malaga CE D Impmvement plan A/C 3 Drive/Church Street intersection, review Modifications to intemecflon lane configurations are required as CE D Improvement plan A/C 3 mitigation in the following Iocatioos (improvements funded through review Transporlation Development impact Fees): · Milliken Avenue/Arrow Route - Add a northbound through lane, and an east bound through lane. · Milliken Avenue/4th Street - Add a third southbound left turn lane; convert one eastbound dght turn lane to a shared through/right tum lane; and, modify the signal phasing to provide right turn overlap phases for the northbound and westbound right turn movements. Malaga Drive/Church Street- lestall a traffic signal. Noise ". '~ During all project site excavation and grading, the project contractors CP C Notes must be on A 4 shall equip all construction equipment, fixed or mobile, with property grading plan operating and maintained mufflers consistent with manufacturers standards. The project contractor shall place all stationary construction equipment CP C Notes must be on A 4 so that emitted noise is directed away from sensitive recapfors nearest - grading plan the project site, The construction contractor shall locate equipment staging in areas CP C Notes must be on A 4 that will create the greatest distance between construction related grading plan noise and the no[se-sensitive receptors nearest the project site during all project construction. During all project site construction, the construction contractor shati CP C Notes must be on A 4 limit all construction related activities that would result in high noise grading plan levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. NO construction shall be allowed on Sundays and 3ublic holidays. Sound barriers of at least five feet in height must be erected around all CP D Verified by final D 3 first floor private patios with any view of Church Street from buildings acoustical report 63-68. As an alternative, the applicant may choose to erect a continuous sound barrier of at least four feet in height along the proposed Church Street fence line; this alternative eliminates the need for individual sound barriers at each impacted first floor patio, and has the added benefit of mitigating neady all of the project's ground level exterior living space to 65 dBA CNEL or less Sound barders of at least five feeHn beight must be erected around ati CP D Verified by final D 3 second floor private balconies with any view of Church Street in acoustical report Building 63. i ' - Sound barriers of at least four feet In height must be erected around all CP D Vedfled by final D 3 second floor private balconies with any view of Church Street from acoustical report buildings 64-68. All required sound barriers may be constructed using any of the CP D Vedfied by final D 3 following materials: masonry block, stucco on wood frame, 3/4-inch acoustical report ply~vood, 1/4-inch glass or 1/2-inch LEXAN, earthen berm, or any comb[nation of these materials or any material with a surface weight of at 3% pounds per square foot. Each completed noise barrier must 3resent a solid face from top-to-bottom, no cutouts or openings are permitted. - STC 28 glazing shall be used in all reoms with any view of Church CP O Verified by final D 3 Street in buildings 6348. This applies to all windows, sliding glass acoustical report and French doors in each specified room (even if the glazing directly face Church Street). All units adjacent to either Church Street or Terra Vista Parkway shall CP D Verified by final D 3 be equipped with a "summer switch" and outside ducting to the forced acoustical report air unit or by installing air conditioning at all such units. Key to Checklist Abbreviations -~_ Responsible Person ...... ~., , ~-~ CDD - Community Development Director or designee A- With Each New Development A - On-site Inspection I - Withhold Recordation of Final Map CP - City Planner or designee B -Pdor To Construction B - Other Agency Permit / Approval . 2 - Withhold G~-ading or Building Permit CE - City Engineer or designee C - Throughout Construction C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Official or designee D - On Completion D - Separate Submittal (Reports / Studies / Plans) 4 - Stop Work Order PO - Police Captain or*designee E - Operating 5 - Retain Deposit or Bonds 6 - Revoke ~UP FC - Fire Chief or designee Project No. SUBTT16157 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Appr, oval shall be completed to the satisfaction gf the City Planner. 3. Occupancy of the facil~ities shall not comme~ce until such time as all Uniform Building Code and State Fire Marshal regulations have been compli'ed 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 nspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be / submitted for City Planner review and approval pdor to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street impr(~vement p~ans 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. Street names shall be submitted for City Planner review and approval in accordance with the / adopted Street Naming Policy prior to approval of the final map. 8. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their office~rs, on or before January 1 of each and every year and whenever said information changes. 9, All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 10. The developer shall submit a construction access plan and schedule for the development of all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. D, Parking and Vehicular Access (indicate details on building plans) 1. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles--/- on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. E, Landscaping 1. 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 prior final map approval in the case of a custom lot subdivision. Project No. SUBTT16157. Completion Date_ '2. The final design of the perimeter 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 whi~;h rfiay be required by the Engineering Division. 3. 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. 4. All walls shall be provided with decorative treatment. If located in public maintenance are, as, the design shall be coordinated with the Engineering Division. 5. 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. F. Signs 1. The signs indicated on the submitted plans are conceptual only arid 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. 2. Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. , G. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of/ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit, H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for_mailboxes with_adeq_uate lighting. The final location of the mailboxes 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 ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Dedication and Vehicular Access 1. Corner property line cutoffs shall be dedicated per City Standards. __ I__1 2. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. sc 8.o2 3 Project No..SUBTT16157 Completion Date J. Street Improvemen, ts 1. Construct the following perimeter street impr0vement,s including, but not limited to: / / ' ' ' ' Trees T Trail Other Street Name ~&r P~v~t ,pr. Lights[ [ i~ I~s~adina~ Bike I Lane ChurchStreet X X [ X'I Bike Terra Vista Parkway X I,x "/ X / I ILane, 2. 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. e, Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engineer. f. 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 !he satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City Standards, except for single family residential lots. 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. sc.o.2 4 Project No. SUB3-r16157 Completion Date 4. Install street trees per City street tree design guidelines and standards as follows. The completed legend and construction notes shall appear on the title page of the street improvement plans. Where public landscape plans are required, tree installatiori in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact Laura Bonaccorsi at extension 4023. Min. S~ze* Q~/. Str;et Name Botanical Name Common Name Grow Spacing Space Magnolia Grandiflora 3' 20' ~ Fill I Church Street "St. Mary" NCN D.C. I 15 gal ~ In ~ TerraVista Magnolia Grandifiora 3' 20' ] ~ Fill ~ Parkway "St. Mary" NCN D.C. ~ 15 gal ~ In I *TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3)All street trees are subject to inspection and acceptance by the Engineering Division. 4)Street trees are to be planted per public improvement plans only. 5. 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. K. 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. L. 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. Adequate provisions shall be made fer acceptance and disposal of surface drainage entering the property from adjacent areas. M. 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. 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 Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. sc.08 2 5 Project No. SUBTT16157 ~Completion Date. N. General Requirem,ents and Approvals '/ 1. A non-refundable ~le~)~sit shall be paid to the. City, covering the estimated operating costs for all new streetlights for the f~rst six months of operati(~n, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-O8-02 6 ~2 ~ FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION ' STANDARD CONDITIONS FD PLAN REVIEW#: FDo02-0596 PROJECT #: SUBTT16157 and DRC2001-00791 Homecoming at Terra Vista FIRE PROTECTION SYSTEM REQUIRED: Automatic Fire Sprinklers required throughout LOCATION: NWC Church and Terra Vista FD REVIEW BY: Steve Locati, Fire Protection Planning. Specialist PLANNER: Debra Meier ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, TO VERIFY COMPLIANCE WITH THE FOLLOWING CONDITIONS: ~ompletioh Date ~LEASE CONTACT THE FIRE SAFETY DIVISION IMMEDIATELY REGARDING ITEMS IN SECTIONS "A" THROUGH "E" A. Outstanding Fire District Issues 1. The Fire District has previously provided the applicant with comments and technical requirements for this project. It the applicant has any questions regarding these comments or requirements the~, shall contact the Fire Safety Division. These conditions do not represent all technical requirements for issuance of construction or installation permits for this project. Ali comments, corrections, and conditions established by the Fire Safety Division shall be included in the construction of the project. It is the applicant's responsibility to contact the Fire Safety Division to resolve any questions. B, Fire District Fees 1. Incomplete - Unpaid Fees: This project has outstanding unpaid service fees in the amount of $ 214 that are due and payable at this time. To avoid delays in obtaining construction permits this matter must be resolved. Ptease remit payment by credit card or by check made payable to the "Rancho Cucamonga Fire District. The fees are due for the following development and planning review services: a. $82 Initial Review of commercial, industrial or multi-family residential projects b. $132 Fire District Review °f Tract °r Parcel Maps °ther than single'family Residential Tract $ 214 - Total due at this time. Remit payment by check made payable to the "Rancho. CucamonRa Fire District." ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. *Note: Separate plan check fees will be assessed by the Buildin~l and Safety/Fire Construction Services Unit for review of fire protection system plans and/or any consultant reviews upon submittal of plans. C. Community Facilities Districts Annexation 1. There are no Fire District annexation issues for this Project. D. Available Water Supply 1. Minimum Fire Flow: The required minimum fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A, as amended and Fire District Ordinances and Standards. Complete when required form is received by the Fire District. 2. Available Fire Flow: Incomplete Until Required Form is Received by Fire District. The Fire District requires proof of adequate fire flow for this project or portion thereof to be deemed as "complete." Inadequate fire flow available from the public water supply will necessitate changes in building design, such as, change in floor area, type of construction, or provide on- site water tank(s). Such changes would impact Planning approval of the project. a. The applicant shall provide evidence that required minimum fire flow is available from. the water district serving the project. b. The Rancho Cucamonga Fire Protection District Water Availability for Fire Protection Form shall be signed by the Water District and submitted for approval by the Rancho Cucamonga Fire Pmtaction District. c. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. d. A copy of the required form was previously provided to the applicant. E. Fire Access Issues 1. Location of Access: All portions of the structure or facility or any portion of the exterior wall of the flint story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates, and fences are considered an obstruction. The issues addressed in Section "E" may affect the location of roadways, driveways, walkways, sidewalks, doore and extedor openings, gates, etc. Changes in any of these areas will impact the approval of other agencies. Therefore, they must be addressed prior to Planning approval. 2. There are no outstanding "incompleteness" items related to FD access for this project. For outstanding technical issues see Section "GR-4" below. GENERAL REQUIREMENTS - InfOrmational, Procedural, Technical, or Operational and Must be Included, Corrected or Completed As Noted GR-1 General Requirements for Public and Private Water ,Supply 1. Minimum Fire Flow: The required fire flow for this project is 2009 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A, as amended. Please see "Water Availability" attachment for required verification of fire flow availability for the proposed project. Contact the Fire Safety Division (909) 477-2770 GR-2 Private (On-Site) Water and/or Fire Sprinkler Underground Plans for Fire Protection 1. Exceeds Allowable Distance: When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, as measured by an approved route around the exterior of the facility or building, on-sita fire hydrants and mains capable of supplying the required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight. Contact the Fire Safety Division (909) 477-2770 GR-3 Automatic Fire Sprinkler Systems-Technical Comments 1. Required Installations: Rancho Cucamonga Fire District Ordinance i5 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed in any of the following: a. Multi-family residential structures Contact the Fire Safety Division (909) 477-2770 GR-4 Fire District Site Access- Technical Comments 1. Gates Standards: All gates shall be installed in accordance with Fire District Standards. The following general design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. b. All gates must fully open with one second for each one foot of required width, e.g., 20-ft./20 sec. c. When fully open the minimum width shall be 20-feet.. d. Gates on access roads designated "Emergency Services Use Only" may be manually opening. e. Gates on Commercial/Industrial facilities may be manually operated. f. After project approval the applicant shall contact the Fire Safety Division for complete standard. Contact the Fire Safety Division (909) 477-2770 2. Restricted Residential Access Mitigation: The installation of gates and restricted access to residential developments may necessitate installation of approved automatic fire sprinkler systems. This condition applies to projects in the designated Hazardous Fire Area, when the Fire District determines that gates, other means of restricting access or conditions delaying response exists. Contact the Fire Safety Division (909) 477-2770 3. Vegetation: 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 vehicles. Contact the Fire Safety Division (909) 477-2770 4. Fire Lane Identification: All required fire lanes shall be identified by red curbingand signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucemonga Fire Protection District at (909) 477-2770 for a copy of the FD Fire Lanes standard. GR-12 Plan Submittal Required Notice Required plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical Code; Health and Safety Code; Public Resources Code; and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. GR-14 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials, and methods within the scope of our authority. The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents, Contact the Fire Safety Division at (909) 477-2770 for assistance. PRIOR TO ISSUANCE OF GRADING PERMIT- For Each Development Phase 1. Fire District Site Access Plan: Prior to the issuance of any grading permit the applicant shall submit a Fire District Site Access Plan to the Fire District for review and approval. The following, minimum information and detail shall be included a on a scaled site plan: a. All roadways shall be cleady indicated. Ir;cluding roadway width, vertical clearances, cul-de-sac width, turn radii, curb cuts, angle of departure, grades, etc. b. For private roadways or drive aisles less than 40-feet or less in width where parking may be permitted, identity the location of proposed fire lanes. c. Include a note stating all required fire lanes shall be identified by red curbing and signage. d. Include detail(s) to identity which of the methods set forth in the Fire District "Fire Lane" standard will be used to mark the fire lane. A copy of the Fire District "Fire Lane" Standard can be obtained by calling (909) 477-2770. e. Roadway with a width of more than 40-fbet parking is permitted on both sides. f. Roadway with a width of 32:feet or more parking is permitted on one side only. g. The angle of departure and approach shall not exceed 9 degrees or 20 percent. h. The grade of any fire district access roadway ~sl~all not exceed 12 percent. i. If water plans have been approved, include fire hydrant and fire department connection locations. Contact the Fire Safety Division at (909) 477-2770 for assistance. 2. All Gates: Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire District's approval of the construction of any gate across required Fire District access readways/driveways. A Fire District permit is required for installation of any gate or other device that will impede Fire District response. 3. Model Homes - Required Plans: Prior to issuance of any grading permit please identify the lots selected for construction of residential sales models on a scaled site plan. IncJude -- - the location of required fire hydrants and fire district access roadways. The site plan shall be submitted to the Fire Safety Division for approval. Contact the Fire Safety Division (909) 477-2770 PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1. Private/On-site Fire Hydrants: Prior to the issuance pf any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans." Contact the Fire Safety Division (909) 477-2770 2. Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. On the plan show all existing fire hydrants within a 600- foot radius of the project. Contact the Fire Safety Division (909) 477-2770 3. Combustible Construction Letter- Required Letter: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site. The roadway shall be maintained at all times. RESOLUTION NO. 02-108 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2001-00791, THE DESIGN REVIEW FOR TENTATIVE TRACT MAP SUBTT16157, LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY IN THE MEDIUM,, MEDIUM-HIGH, AND HIGH RESIDENTI,AL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, AND. MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30. A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Design Review with Tract Map SUBTT16157, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Design Review request is referred to as 'the application." 2. On October 23, and continued to November 13, 2002, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning. Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution ara true and correct. 2. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on October 23, and November 13, 2002, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property located at the northwest comer of Church Street and Terra Vista Parkway with a street frontage of approximately 800 feet along Terra Vista Pan%ray and approximately 2330 feet along Church Street, both of which are presently improved with curb and gutter, and street pavement; and b. The property to the north of the sbbject site is the East Graenway Trail, the property to the south consists of Tract 15492, which is currently under construction and vacant land with a land use designation of Medium-High Residential, the property to the east is Tract 15072, commonly known as the Village of Independence, and the property to the west is Milliken Park and the recently completed storage facility, which is in the Commercial Recreation land use designation of the Terra Vista Community Plan; and c. The project is located in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre) Residential Districts of PLANNING COMMISSION RESOLUTION NO. 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 2 ' ' the Terra Vista Community Plan, with a proposed Phase One project density of 17 dwelling units per acre; and d. The proposed project is subject to noise level of 65 CNEL along Terra Vista Parkway and Church Street, which can be mitigated to acceptable levels as described in the Noise Study prepared for the project; and e. The project will generate traffiC trips which can be accommodated through public street improvement Upgrades and Fair Share Cost Contributions as described in the Congesfi, o,n Management Plan Traffic Impact Study prepared for the project; and f. The proposed project of 677 apartment units is in accordance with the objectives of the Development Code and the purposes of the Medium, Medium-High, and High Residential Districts. In addition, the proposed project is in accordance with the Terra Vista Community Plan; and ..... g. The proposed project conforms to the standards and regulations of the Development Code, as well as the Terra Vista Community Plan, in terms of setbacks, building separation, paridng, and the provision of recreational amenities as noted in the staff report; and h. The proposed project and the intended use, together with all Conditions of Approval will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The project proponents are required to complete all missing parkway improvements adjacent to the site: 3. Based upon the substantial evidence presented to this Commission during the above- referenced meeting on October 23, 2002, including written and oral staff reports, this Commission hereby specifically finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed design is in compliance with each of the applicable provisions of the Development Code and the Terra Vista Community Plan; and d. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the PLANNING COMMISSION RESOLUTION NO, 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 3 project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Mitigation Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: ., a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines , promulgated thereunder;, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed below as Conditions of Approval. c. Pursuant to the provisions of Section 753.5(c) of T~tle 14 of the Califomis code'. of Regulations, the Planning Commission finds' as follows: In considering the record as a whole, the Initial Study and Mitigated Negative DeClaration for the project, there is no evidence that the proposed project will have potential for an adverse impact dpon wildlife resources or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports, and. exhibits,, and the information provided to the Planning Commission during the pub c heanng, the Planmng Commission hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions attached hereto and incorporated herein by this reference. Planning Division 1) The approval of SUBTT16157 is subject to the approval of the Terra Vista Community Plan Amendment DRC2002-00533~ resulting in the provision of a Trail Type "E" along Terra Vista Parkway and Church Street. The Trail Type "E" shall be developed in accordance with the trail standards of the Terra Vista Community Plan. 2) Access shall be provided from within the project to the East Greenway Trail, and future phases of the project shall provide access to Milliken Park. 3) Garage doors shall vary in articulation and color (avoiding the use of white doors in contrast to the dark building colors) throughout the project. PLANNING COMMISSION RESOLUTION NO. 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 4 4) All town home style units (Building Types 2, 3, 4, 5, 6, and 7) shall provide private open space consistent with the Medium Residential requirement of 255 square feet for a' ground floor porch/patio, or 150 square fee~ for any upper lev, el balcony. 5) All apartment style units (Buil~ling Types 8, 9, and 10) shall provide private open space consistent with the Medium-High/High Residential requirement of 150 square feet for a ground floor patio, or 100 square feet for any upper level balcony. ., 6)All retaining walls used throughout' the project shall have a decorative surface to complement the building design. 7) At a minimum, the ~ecreation amenity package shall include the following items (substitutions of amenities require staff approval): Amenity;. Points: Recreation Building (14,000 SF) 5 Kids Club 1 Tot Lots (total 3) 3 Pool/Spa/Deck , 3 Wading Pool 1 Entertainment Patio 2 Tennis Court 1 Open Turf Play (total 4) 4 BBQ nodes/benches 2 Looped pathways/resting nodes 2 Tricycle path 1 TOTAL: 25 En,qineerin,cl Division 1) Terra Vista Parkway and Church Street frontages shall be fully' improved. Improvements shall include, but are not limited to, curbs and gutters, sidewalks, streetlights, street * trees, traffic signing/striping, drainage facilities, etc. 2) Provide traffic signal at the intersection of Church Street and Terra Vista Parkway, with a Transportation Fee Credit. 3) Provide a traffic signal at the intersection of Church Street and Malaga Drive, and Terra Vista Parkway and Mountain View, as required with no Transportation Fee Credits. 4) Medians in Terra Vista Parkway and Church Street to be protected in place and modified or repaired as required with no new openings. 5) No additional median island openings are allowed on Terra Vista Parkway. PLANNING COMMISSION RESOLUTION NO. 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 5 6) Access off Terra Vista Parkway shall be per City Standard drive apprdach. Access off Church .Street can be a street type entry; however, a catch basin shall be installe, d On the upstream side. 7)If gated access is proposed, it should comply with City design guidelines. , , . , 8) This project is connected to, or will disrupt an existing City- maintained landscape and irrigation area; .and will require an encroachment permit. The proposed changes to City property shall be documented and approved on City originals through the plan- check process. Prior to any new construction, a joint inspection and documentation of the existing areas' condition shall occur with the new work contractor, City inspector, and a City maintenance, representative. At this point, the new work contractor shall be responsible for maintenance of the existing landscape and shall maintain all areas sharing the same controller and/or meter until the maintenance period is complete, as directed by the City inspector. A follow-up inspection of both new and existing area is required prior to the City's acceptance of the new area. The existing irrigation system shall be adjusted as needed and any damaged landscaping replaced to the satisfaction of the City Engineer. Access to the existing irrigation controller cabinet will not be allowed without consent from, and supervision by,' the City. Contractor to provide24 hours notice to maintenance for any cabinet access. Environmental Mitif:lation Water 1) Prior to issuance of grading permits, the applicant shall prepare a Storm Water Pollution Prevention Plan that identifies BMps to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the Building Official. Air Quality 1) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 2) Surrounding streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 miles per hour to minimize PM~e emissions from the site during such episodes. PLANNING COMMISSION RESOLUTION NO. 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 6 4) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction.areas that remain inactive for 96 hours or more to reduce PM~o emissions. 5) The construction contractor shall select the construction equipment ' used on-site based on Iow emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 6) The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 7) The construction contractor shall ensure that constructio~greding plans include a statement that work crews will shut off equipment when not in use. 8) Painting activities shall be spaced out over a period of at least 80 days. The contractor shall utilize Iow volatile organic compounds (VOC) paints. TmnsportaSon , ~ 1) The installation of a traffic signal is required for the Malaga Drive/Church Street intersection. 2) Modifications to intersection lane configurations are required as mitigation in the following locations (improvements funded through Transportation Development Impact Fees): · Milliken Avenue/Arrow Route - Add a northbound through . lane, and an eastbound through lane. · Milliken Avenue/4th Street - Add a third southbound left turn lane, convert one eastbound right turn lane to a shared through/right turn lane, and modify the signal phasing to provide right turn overlap phases for the northbound and westbound right turn movements. · Malaga Drive/Church Street - Install a traffic signal. Noise 1) During all project site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. PLANNING COMMISSION RESOLUTION NO. 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 7 2) The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 3) The construction contractor shall I(~cete equipment staging in areas that will create the greatest d!stance between construction related noise and the noise-sensitive 'receptors .nearest the project site dudng all project construction. 4) During. all project site constructi'o~, the construction contractor shall limit all construction related activities that would result in high noise levels to between the hours of 6:30 a.m. and 8:00 p.m. Monday through Saturday. No construction shall be allowed on Sundays and public holidays. 5) Sound barriers of at least 5 feet in height must be erected around all first floor private patios with any view of Church Street from Buildings 63-68. As an alternative, the applicant may choose to erect a continuous sound barrier of at least 4 feet in height along the proposed Church Street fence line. This altemative eliminates the need for individual sound barriers at each impacted first floor patio, and has the added benefit of mitigating nearly all of the projects' ground level exterior living space to 65 dBA CNEL or less. 6) Sound barriers of at least 5 feet in height must be erected around all second floor pdvate balconies with any view of Church Street in Building 63. 7) Sound barriers of at least 4 feet in height must be erected around all ' ' second floor pdvate balconies with any view of Church Street from Buildings 64-68. 8) All required sound barriers may be constructed using any of the following materials: masonry block, stucco on wood frame, 3/4-inch plywood, 1/4-inch glass or 1/2-inch LEXAN, earthen berm, or any combination of these materials or any material with a surface weight of at 3-1/2 pounds per square foot. Each completed noise barrier must present a solid face from top-to-bottom, and no cutouts or openings are permiffed. 9) STC 28 glazing shall be used in all rooms With any view of Church Street in Buildings 63-68. This appiies to all Windows, sliding glass, and French doors in each specified room (even if the glazing directly faces Church Street). 10) All units adjacent to either Church Street or Terra Vista Parkway shall be equipped with a "summer switch" and outside ducting to the forced air unit, or by installing air conditioning at all such units. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. PLANNING COMMISSION RESOLUTION NO. 02-108 DRC2001-00791 - LEWIS APARTMENT COMMUNITIES November 13, 2002 Page 8 APPROVED AND ADOPTED THIS 13TH DAY OF NOVEMBER 2002. PLANNING COMMISSION OF THE CITY' OF RANCHO CUCAMONGA " Rich Macias, Vice Chairman ATTEST: I, Bred Bullet, Secretary of the Planning Commission of the City of Rancho Cucemonga, 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 13th day of November 2002, by the following vote-to-wit: AYES: COMMISSIONERS: PIACIAS, NANNERIN0, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNI/L, TOLST0¥ City of RanchO Cucarnonga MITIGATION MONITORING PROGRAM Project File No.: SUBTT16157 and DRC2001--00791 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. , 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each City department shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: · City of Rancho Cucamonga - Lead Agency Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730' Mitigation Monitoring Program SUBTT16157/DRC2001-00791 Lewis Apartment Communities Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staffs is needed, as determined by the project planner or'responsible City department, to monitor specific mitigation activities and provide appropriate wdtten approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no furthei' action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible City department at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by'the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP s not occurring after written no ficat on has been ssued. The project planner or respons b e C ty department also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Division shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: .SUB'I-F16157 AND DRC201-00791 Applicant: LEWIS APARTMENT COMMUNITIES Initial Study Prepared by: . DEBRA MEIER Date: ~SEPTEMBER 24~ 2002 Prior to Issuance of grading permits, the applicant shall prepare a BO B/C Plan review & A/C SWPPP that Identifies SMPs to be implemented dudng the period the 2/4 site Is under construction. BMPs shall be Identified on the grading Inspecfions plans for review and approval by the Building Official. The site shall be treated with water or other soll-stablfiz~ng agent CP C Notes must be on A/C (approved by SCAQMD and RWQCB) dally to reduce PM~o emissions, 4 in accordance with SCAQMD Rule 403 grading plan Surrounding streets shall be swept accordin{3 to a schedule CP/CE C Notes must be on A/C established by the City to reduce PM~o emissions associated with 4 vehicle tracking of soil off-site. Timing may vary depending upon time grading plan of year of construction. Grading operations shall be suspended when wind speeds exceed CP C Notes must be on A/C 25 mph to minimize PMio emissions from the site dufing such 4 spisodes, grading plan Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall CP C Notes must be on A/C be applied to all inactive construction areas that remain Inactive for 96 4 hours or more to red. uce PMte emissions, grading plan The construolion contractm; shall select the construction equipment CP C Notes must ba on used on-site based on Iow emission factors and high-energy efficiency. 4 The construction contractor shall ensure the construction grading grading plan plans Include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specificafions. Theconstrucfioncontractorshallufilizeelectricorcieanaltemativefuel CP C Notes must be on A/C 4 powered equipment where feasible. grading plan The construction contractor shall ensure that construction-grading CP C Notes must be on plans include a statement that work crews will shut off equipment when 4 not In use. grading plan Painfingactivitiesshallbespacedoutoveraperiedofatieast80days. CP C Notes must be on A/~ The contractor shall utilize Iow volatile organic compounds (VOC) 4 paints, grading plan The Instatiafion of a traffic signal is required for the Malaga CE D Drive/Church Street intemecflon. Improvement plan A/~ 3 review Modifications to intersection lane configurations are required as CE D improvement plan mitigation In the following locations (calculation of Fair Share 3 Contribution is Included in CMP/TIA prepared by LSA Associates review dated July 2002): · Milliken Avenue/Arrow Route - Add a northbound through lane, and an east bound through lane (Fair Share contribution $14,511). · Milliken Avenue/4th Street- Add a third southbound iefi turn lane; convert one eastbound right turn lane to a shared through/right turn lane; and, modify the signal phasing to provide right turn overlap phases for the northbound and westbound right turn movements (Fair Share contribu6on $6,596). · Malaga Drive/Church Street - Install a traffic signal (Fair Share contribution $75,124). During all project site excavation and grading, the project contractors CP C Notes must be on A shall equip all construction equipment, fixed or mobile, with properly 4 operating and maintained mufflers consistent with manufacturers grading plan standards. _ The project contractor shall place all stationary construction equipment CP C Notes must be on A so that emitted noise Is directed away from sensitive receptors nearest 4 the project site. - grading plan The construction contractor shall locate equipment staging In areas CP C Notes must be on A that will create the greatest distance between construction related 4 noise and the noise-sensitive receptors nearest the project site during grading plan all project construction. During all project site construction, the construction contractor shall CP C Notes must be on A limit all construction related activities that would result In high noise 4 levels to belwean the hours of 6:30 a.m. and 8:00 p.m. Monday grading plan through Saturday. No construction shall be allowed on Sundays and public holidays. Sound barriers of at least five feet in height must be erected around all CP D Verified by final D first floor private patios with any view of Church Street from buildings 3 63-68. As an alternative, the applicant may choose to erect a acoustical report continuous sound barrier of at least four feet In height along the proposed Church Street fence line; this alternative eliminates Ihs need for individual sound barriers at each impacted firsl floor patio, and has the added benefit of mitigating nearly all of Ihs prOleCf'~ {~r o[~n~ level e~.~r living space to 65 dBA CNEL Sound baniers of st least five feet In height must be erected around all CP D second floor private balconies Verified by final D Building 63. with any view of Church Street in 3 acoustical report Sound barriers of at least four feet in height must be erected around all CP D Verified by final D second floor pdvefe balconlso with any view of Church Street from 3 buildings 64-68. acoustical repofl All required sound barriers may be constructed using any of the CP D Verified byflnal D following materials: masonr~ block, stucco on wood frame, 3/4-thch 3 plywood, 1/4-Inch glass or 1/2-inch LEXAN, earthen berm, or any acoustical report combination of these materials or any materiel with a sodace weight of at 3F~ pounds per square foot. Each completed noise barrier must present a solid face from top-to-bottom, no cutouts or openings are ~)ermittod. STC 28 glazing shall be used in all moms with any view of Church CP D Verified by final D Street In buildings 63-68. This applies to all windows, sliding glass 3 and French doors In each specified room (even if the glazing directly acous6cal report face Church Street). All units adjacent to either Church Street or Terra Vista Parkway shall CP D Verified by final D be equipped with a 'summer switch' and outalde duc'ting to the forced air unit or by installing air conditioning at a such unlta ~ 3 Key to Checklist Abbreviations CDD - Comn~unity Development Director or designee A- With Each New A - On-sita Inspection I - Withhold Recordation of Final Map ' Planner or designee S - Prior To Construction 2 - Withhold Grading or Building Permit ~, Engineer or designee C - Plan Check BO - Building Official or designee D - On Completion 3 - Withhold Certificate of Occupancy PO - Police Captain or designee - Stop Work Order FC - Fire Chief or designee 5 - Retain Deposit or Bonds 6 - Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2001-00791 SUBJECT: TENTATIVE TRACT 16157 - HOMECOMING AT TERRA VISTA APPLICANT: LEWIS APARTMENT COMMUNITIES LOCATION: NORTHWEST CORNER OF CHURCH STREET AT TERRA VISTA PARKWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: ComDleflon Date A. General Requirements , ~ 1. The applicant sh'~ll agree to defend at his sole expense any action brought against the City, its agents, officers, 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, officers, or employees, for any Court costs and attorney'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 condifiorl. 2. Copies of the signed Planning Commission Resolution of Approval No. 02-108, Standard / I Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use PerTnit, Variance, or Development/Design Review 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 1. 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, Development Code regulations, and the Terra Vista Community Plan. Project No. DRC2001-00791 Completion Date 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.. 3. 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. 4. 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. 5. 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, location, 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 __1 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 trarisformers, AC condensers, etc., shall __1 ! 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 clear and concise manner, i __1 / including proper illumination. 11. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the I / Homeowners' Association ara subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January I of each and every year and whenever said information changes. 12. All parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 13. The developer shall submit a construction access plan and schedule for the development of all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. SC-084)2 2 Project No. DRC2001-00791 ComDletJon Date ' 14. Six-foot decorative block walls or fences shall be constructed along the project perimeter. If __ I__1 a double wall condition would result, the developer shall make a good faith effort to work with the adjoining prope.rty owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days pdor tO the removal of any existing walls/fences along the project's perimeter. 15. For multiple family, development, laundry facilities shall be provided as required by the __1 Development Cede. 16. For multiple family development, a minimum of 1.25 cubic feet of exterior Iockable sto,rage __/ / space shall be provided. 17. For residential development, recreation area/facility shall be' provided as required by the __/ / Development Cede. 18. ' Where rock cobble is used, it shall be real river rock. Other stone veneers may be / manufactured products. D. Building Design 1. An alternative energy system is required to provide domestic hot water for all dwelling units / and for heating any swimming pool or spa, unless other alternative energy 'systems are demonstrated to be of equivalent capacity and efficiency. All swimming pools installed at the time of initial development shall be supplemented with solar heating. Details shall be included in the building plans and shall be submitted for City Planner review and approval prior to the issuance of building permits. 2. 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 required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed~lo the satisfaction of the City Planner. Details shall be included in building plans. E. Parking and Vehicular Access (indicate details on building plans) 1. 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). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided throughout the--development to connect-dwellings/units/buildings with open spaces/plazas/recreational uses. 4. All parking spaces shall be double striped per City standards and all ddveway aisles, __1__1__ entrances, and exits shall be striped per City standards. 5. All units shall be provided with garage door opene? if driveways are less than 18 feet in __ depth from back of sidewalk. 6. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles __ on this site unless they are the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 7. Plans for any security gates shall be submitted for the City Planner, City Engineer, and / Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. Project No. DRC2001-00791 Comole§on Date F. Landscaping 1. A detailed landsCape and irrigation pla[~, including, slope planting and model home __1____ 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.prior final map approval in the case of a custom lot subdivision. 2. , A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided / within the project: 5 % - 48-inch box or larger 5 % - 36-inch box or larger, 20 % - 24- inch box or larger, and 70 % - 15-gallon. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three / parking stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of I one tree per 30 linear feet of building. 5. All private slopes of 5 feet or more in vertical height and of'5:1 or greater slope, but less than I 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, * 1-gallon or larger size shrub per each 100 sq. ff. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clustem to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. ~, ~ ~ 7. 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 free 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 material shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter 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 Engineering Division. 9. LandsCaping and irrigation systems required to be installed within the public right-of-way on __1__1__ the perimeter of this project area shall be continuously maintained by the developer. 10.All walls shall be provided with decorative treatment. If loCated in public maintenance areas, the design shall be coordinated with the Engineering Division. 11. 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 1. 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. DRC2001-OO?gl Comorefi0n Date 2. Directory monument sign(s) shall be provided for apartment, condominium, or town homes __/____ prior to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. H. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of / implementing said measures, including monitoring and reporting. Applicant shall be required ' to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner ~ the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental . documents shall be considered grounds for forfeit. I, Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and I location of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate Fighting. The final location of the mailboxes 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: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) ' J. General Requirements 1. Submit five complete sets of plans including the following: __1__ __ 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-entranca conductors, panel schedules~nd si~3gle line diagrams; f. 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., TI' #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils / report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3.Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. / SC-08-02 5 ~ ~f'~ Project No. DRC2001-00791 Comoletign Date K. Site Development 1. Plans shall be submitted for plan check and approved prior io construction. All plans shall be / / marked with the project file number (i.e., DRC2001-00791). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect, at the time of permit application. 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 resider~tial project or major addition, the / / applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map I /__ recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday I I through Saturday, with no construction on Sunday or holidays. 5. Construct trash enclosure(s) per City Standard (available at the Planning Di~,ision's public / / counter). 6. Submit pool plans to the County of San Bernardino's Environmental Health Service~ I Department for approval. L. New Structures 1.Provide compliance with the California Building Code (CBC) for property line clearances considering usa, area, and fire-resistiveness. ' ,~ ~ 2. Provide compliance with the California Building Code for required occupancy separations. I 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. / / 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC / / Section 1505. 5. Provide draft stops in attics in line with common walls. I I 6. Exterior walls shall be constructed of the required fire rating in accordance with CBC I Table 5-A 7. Openings in exterior walls shall be protected in accordance with CBC Table 5-A. / 8. If the area of habitable space above the first floor exceeds 3,000 square feet, then the __1__1__ construction type shall be V-1 Hour minimum. 9.Walls and floors separating dwelling units in the same building shall be not less than 1-hour fire-resistive construction. I I M. Grading 1. Grading of the subject property shall be in accordance with California Building Code, City __1__1__ Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. Project No, DRC2001-00791 Completion Date ' 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work.. .. 3. A geological 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, appropriate certifications and compaction reports shall be completed, __ submitted, and approved by the Building an.d Safety Official prior to the 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. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS.' N. Dedication and Vehicular Access 1. Comer property line cutoffs shall be dedicated per City Standards. / 2. Easements for public sidewalks and/or street trees placed outside the public right-of-way / / shall be dedicated to the City. O. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: ____ I__ Church Street' X X X X Lane Bike Terra Vista Parkway X X X X Lane 2. 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 - shafH~eposted and an agraement executed-to~he~atisfaction 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 copduJt 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 , Project No. DRC2001-007~1 Comolefion Date 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. e. Handicapped access ramps shall be installed on all corners of intersections per City / / Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times wilh / / 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. g. Concentrated drainage flows shall not cross Sidewalks. Under sidewalk drains shall be / / installed to City Standards, except for single family residential lots. 3. 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.. 4. Install street trees per City street tree design guidelines and standards as fOllows. The / / completed legend and construction notes shall appear on the title page of the street improvement plans. Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact Laura Bonaccorsi at extension 4023. Street Name Botanical Name Common Na ,me~ Space Spacing Size* City. Magnolia Grandiflora 20' ~ ~ Fill ~ Terra Vista Magnolia Grandifiore 20' Fill Parkway "St. Mary' ! NCN 3' O.C. 15 ga In *TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED. Construction Notes for Street Trees: 1) Ail street trees are to be planted in accordance with City standard plans. 2) Pdor to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3)All street trees are subject to inspection and acceptance by the Engineering Division. 4)Street trees ara to be planted per public improvement plans only. 5. 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 residentiailstreet intersections and commercial or industrial driveways may have lines of sight plotted as required. P. 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. Project No. DRC2001-00791 Completion Date Q. Drainage and Flood Control 1. A final drainage study shall be submitted io and appro~,ed by the City Engineer pdor' ~o final __/ / map approval or the issuance of building permits, whichever occurs first. Ail drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acc.eptance and disposal of surface drainage entering I /__ the property from adjacent areas, R. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, wat~ I gas, electric power, telephone, and cable TV (al! underground)in accordance with the Utility . Standards. Easements shall be provided as required. 2. Water and sewer plans shall be designed and constructed to meet the requirements of the I /__ Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of ~he County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. S. General Requirements and Approvals, 1. A non-refundable deposit shall be paid to the City, covering th~ estimated operating costa for __/ / all new streetlights for the first six months of operation, prior to final map approval or prior to. building permit issuance if no map is involved. 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. / I These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. Ail buildings shall have minimal secudty 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. U. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doors. __/__ __ 2. One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows ara / within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. Ail garage or rolling doors shall have slide bolts or some type of secondary locking devices. __/____ 4. Ail roof openings giving access to the building shall be secured with either iron bars, metal / gates, or alarmed. Project No. DRC2001-00791 Comolefion Date V. Security Fencing 1. All businesses ol; residential communities..with security, fer~:ing and gates will provide the / police with a keypad access and a unique code. The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any pther reason, the new code must be supplied to the Police via the 24- hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention unit at (909 . 477-2800 extension 2474 or extension 2475. W. 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. 2. Security/burglar bars .are not recommended, pad~icularly in residences, due to the delay or / prevention of a speedy evacuation in case of fire. X. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflectiVe'for / nighttime visibility. 2. At the entrances of commercial or residential complexes, an illuminated map or directory of project shall be erected with vandal-resistant cover. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Division. 3. All developments shall submit an 8 ½' x 11' sheet with the numbering pattern of all multi- / tenant developments to the Police Department. Y. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and / / employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriff's dispatch number:. I / (909) 941-1488. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE pROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: .- - SEE ATTACHED SC-08-02 10 C~,,~ ~// O FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-02-0596 PROJECT #: SUBTT16157 and DRC2001-00791 Homecoming at Terra Vista FIRE PROTECTION , SYSTEM REQUIRED: Automatic Fire Sprinklers required throughout LOCATION: NWC Church and Terra Vista FD REVIEW BY: Steve Locati, Fire Protection Planning SpecialiSt PLANNER: Debra Meier ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR pRoJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, TO VERIFY COMPLIANCE WITH THE FOLLOWING CONDITIONS: Completi*on Date PLEASE CONTACT THE FIRE SAFETY DIVISION IMMEDIATELY REGARDING ITEMS IN SECTIONS "A" THROUGH "E" A. Outstanding Fire District Issues 1. The Fire District has previously provided the applicant with comments and technical requirements for this project. It the applicant has any questions regarding these comments or requirements they shall contact the Fire Safety Division. These conditions do not represent all technical requirements for issuance of construction or installation permits for this project, All comments, corrections, and conditions established by the Fire Safety Division shall be included in the construction of the project. It is the applicant's responsibility to contact the Fire Safety Division to resolve any questions. IR. Fire District Fees 1. Incomplete - Unpaid Fees: This project has outstanding unpaid service fees in the amount of $ 214 that are due and payable at this time. To avoid delays in obtaining construction permits this matter must be resolved. Please remit payment by credit card or by check made payable to the "Rancho Cucamonga Fire District. The fees are due for the following development and planning review services: ~ a. $82 Initial Review of commercial, industrial or multi-family residential projects b. $132 Fire District Review of Tract or Parcel Maps other than Single-family Residential Tract $ 214 - Total due at this time. Remit payment by check made payable to the "Rancho Cucamon~la Fire District." ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. *Note: Separate plan check fees will be assessed by the Building and Safety/Fire Construction Services Unit for review of fire protection system plans and/or any consultant reviews upon submittal of plans. C. Community Facilities'Districts Annexation 1. There are no Fire District annexation issues for this project. D. Available Water Supply .. 1. Minimum Fire Flow: The required minimum fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A. as amended and Fire District Ordinances and Standards. Complete when required form is received by the Fire District. 2. Available Fire Flow: Incomplete Until Required Form is Received by Fire DistricL The Fire District requires proof.of adequate fire flow for this project or portion thereof to be deemed as "complete." Inadequate fire flow available from the public water supply will necessitate changes in building design, such as, change in floor area, type of construction, or provide on- site water tank(s). Such changes would impact Planning approval of the project. a. The applicant shall provide evidence that required minimum fire flow is available from. the water district serving the project. b. The Rancho Cucemonga Fire Protacfion District Water Availability for Fire Pmtectlon Form shall be signed by the Water District and submitted for approval by the Rancho Cucemonga Fire Protection District. , c. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. d. A copy of the required form was previously provided to the applicant. E. Fire Access Issues 1. Location of Access: All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire Disb-ict vehicle access, measured by an unobstructed approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates, and fences are considered an obstruction. The issues addressed In Section "E# may affect the location of roadways, driveways, walkways, sidewalks, doors and extedor openings, gates, etc. Changes in any of these areas will impact the approval of other agencies. Therefore, they must be addressed pdor to Planning approval. 2. There are no outstanding "incompleteness" items related to FD access for this project. For outstanding technical issues see Section "GR-4' below. GENERAL REQUIREMENTS - Informational, Procedural, Technical, or Operational and Must be Included, Corrected or Completed As Noted GR.1 General Requirements for Public and Private Water, Supply 1. Minimum Fire Flow: The required fire flow for this project is 2000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Iii-A, as amended. Please see "Water Availability" attachment for required verification of fire flow avaitability for the .proposed project. Contact the Fire Safety Division (909) 477-2770 GR-2 Private {On-Site) Water and/or Fire Sprinkler Underground Plans for Fire Protection 1. Exceeds Allowable Distance: When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, as measured by an approved route around the exterior of the facility or building, on-sita fire hydrants and mains capable of supplying the.required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight: Contact the Fire Safety Division (909) 477-2770 " GR-3 Automatic Fire Sprinkler Systems- Technical Comments 1. Required Installations: .Rancho Cucamonga Fire District Ordinance ;15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed in any of the following: a. Multi-family residential structures Contact the Fire Safety Division (909) 4,77-2770 GR-4 Fire District Site Access. Technical Comments ', 1. Gates Standards: All gates shall be installed in accordance with Fire District Standards. The following general design requirements apply: a. The gate shall be motorized and slide open horizontally or swing inward. b. All gates must fully open with one second for each one foot of required width, e.g., 20-fl./20 sec. c. When fully open the minimum width shall be 20-feat. d. Gates on access roads designated "Emergency Services Use Only" may be manually opening. e. Gates on Commercial/Industrial facilities rhay be manually operated. f. After project approval the applicant shall contact the Fire Safety Division for complete standard. Contact the Fire Safety Division (909) 477-2770 2. Restricted Residential Access Mitigation: The installation of gates and restricted access to residential developments may necessitate installation of approved automatic fire sprinkler systems. This condition applies to projects in the designated H~7~rdous Fire Area, when the Fire District determines that gates, other means of restricting access or conditions delaying response exists. Contact the Fire Safety Division (909) 477-2770 3. Vegetation: 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 vehictas. Contact the Fire Safety Division (909) 477-2770 4. Fire Lane Identification: All required fire lanes shall be identified by red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the FD Fire Lanes standard. GR-12 Plan Submittal Required Notice Required plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical Cede; Health and Safety Code; Public Resources Cede; and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. GR-14 Alternate Materials and Methods The Fire Safety Division will review requests for alternate materials and methods within the . scope of our authority.' ;l'be request must be submitted on the Fire' District 'Application for Alternate Method" form along with supporting do~;uments. Contact the Fire Safety Division at (909) 477-2770 for assistance. PRIOR TO ISSUANCE OF GRADING PERMIT- For Each Development Phase , 1, Fire District Site Access Plan: Prior to the issuance Of any grading permit the applicant shall submit a Fire District Site Access Plan tO the Fire District for review aqd approval. The following, minimum information and detail shall be included a on a scaled site plan: a. All roadways shall be clearly indicated. INcluding roadway width, vertical clearances, cul-de-sac width, turn radii, curb cuts, angle of departure, grades, etc. b. For private roadways or drive aisles less than 40-feet or less in width where parking may be permitted, identify the location of proposed fire lanes. c; Include a note stating all required fire lanes shall be identified by red curbing and signage. d. Include detail(s) to identify which of the methods set forth In the Fire District 'Fire Lane" standard will be used to mark the fire lane. A copy of the Fire District 'Fire Lane" Standard can be obtained by calling (909) 477-2770. e. Roadway with a width of more than 40-feet parking is permitted on both sides. f. Roadway with a width of 32-feet or r:nore parking is permitted on one side only. g. The angle of departure and approach shall not exceed 9 degrees or 20 percent. h. The grade of any fire district access roadway,sl~all not exceed 12 percent. I. If water plans have been approved, include fire hydrant and fire department connection locations. Contact the Fire Safety Division at (909) 477-2770 for assistance. 2. All Gates: Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire District's approval of the construction of any gate across required Fire District access roadways/driveways. A Fire District permit is required for installation of any gate or other device that will impede Fire District response. 3. Model Homes - Required Plans: Prior to issuance of any grading permit please identifY the lots selected for constn.~ction of residential sales models on a scaled site plan. Include the I(~:atiEd of required fire hydrants and fire district access roadways. The site plan shall be submitted to the Fire Safety Division for approval. Contact the Fire Safety Division (909) 477-2770 PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1. Private/On-site Fire Hydrants: Prior to the issuance, of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of 'Fire District Notes for Underground and Water Plans." Contact the Fire Safety Division (909) 477-2770 2. Public Fire Hydrants: Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. On the plan show all existing fire hydrants within a 600- foot radius of the project. Contact the Fire Safety Division (909) 477-2770 3. Combustible Construction Letter- Required Letter: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhbad stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway ~at meet~ Fire District Standards shall be in place and operational before any combustible material is placed on-site. The roadway shall be maintained at all times,. DRAFT For Discussion Purposes On!y Exception for the 10 foot 8 inch wall because of the drainage issue. He believed the applicant sensitivity to the neighborhood by proposing single-stow homes. on traffic issues. Dan James, stated the main access to the subdivision is from Archibald Avenue on Palo Alto to Malven te indicated Palo Alto and Malven have approximately 15 homes and this subdivision will add 18 to that route. He explained that total is far less than the acceptable design standards therefore the access from Malven is recommended. He stated it is a public street and gate. Mr. Buller noted that the new subdivisio~ pushed out to Archibald because of it's dose proximity to other drives and the heavy on Archibald. Commissioner garding traffic and loss of view; however, the loss of view is not a protected right, lieved the traffic is acceptable. He thought the developer had worked hard trying to be a good. as evidenced by the single- story homes. He supported the project. Commissioner Stewart concurred with Commissioner Mannerino. appears appropriate. She noted the packet to the lot line adjustment and approving the 10-foot 8-inch block wall. Motion: Moved by Mannerino, seconded by Stewart, to issue a Negative Dedaration an'"d~li[.t the resolutions approving Tentative Tract Map SUB, Tr16344 and Development Review DRC2002-00:~II~ Motion. carried by the following vote: NOES: NONE ABSENT: MCNIEL, TOLSTOY . carried DRAFT For Discussion Purpo - F. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16157 - LEWIS APARTMENT COMMUNITIES - A proposed subdivision of 10 lots on 60.17 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan, located at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. Related files: Development Review DRC2001-00791 and Terra Vista Community Plan Amendment DRC2002- 00533. G. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2001-00791 - LEVVlS APARTMENT COMMUNITIES - The Design Review of 677 dwelling units on 39.6 acres in the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre), and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan on Lots 1-9 of Tentative Tract Map SUB']-1'16157, located at the northwest comer of Church Street and Terra Vista Parkway - APN: 227-151-30. Dan Coleman, Principal Planner, presented the staff report and stated the developer conducted a second neighborhood meeting on Thursday, November 7, which was attended by three residents. He reported two people attended the first neighborhood meeting in August. He said the residents requested that on-site basketball courts be provided and there be an increase in the number of access points to the Terra Vista Greenway Trail abutting the northern boundary and the de)/eloper agreed to both of those requests. He noted there was also a question why apartments were proposed instead of "for-sale" condominiums and who would be the long-term property owner. He Planning indicated Commission Lewis stated Minutes they will own the apartments -4- as with their existing apartment November communities 13, 2002 in DRAFT For Discussion Purpos the Terra Vista Community. He said there were also concerns raised that apartments will cause an increase in cdme in the neighborhood. He indicated that the residents did not present any evidence from the Police Department that crime would increase with apartments. He said that within the 25- year history of the City, staff was not aware of any Police study documenting that apartments bdng higher crime rates to the community. He noted that Rancho Cucamonga is noted for a Iow crime rate in the region and within the United States. He observed that there ara at least six apartment communities throughout the Terra Vista Planned Community and they have proven to be good neighbors since the Planned Community began in 1984. commissioner Mannerino asked how the residents were noticed regarding the neighborhood meeting held following the last Planning Commission meeting.. Mr. Coleman responded the developer mailed notices and the listing of residents was expanded to include the people who had mailed in letters. Vice Chairman Maclas indicated the public hearing was open. John Young, Vice President, Lewis Apartment Communities, P. O. Box 670, Upland, said they have spent a year on the project. He said they staded with three separate architects on the project and plan for this to be the flagship project for them in the community. He noted they have a 14,000 square foot community center and approximately 80 percent of the units have attached garages, so it is much like single-family type residences. He noted they planned one story units along the trail at the northern end of their project to negate the impact to the adjacent residences. He said his company no longer sells their products and would face litigation if they sell. He commented they are a long-term apartment building holders. He reported Lewis sold only one apartment building in its history and they own and manage 6,000 to 7,000 units with some currently under construction. Commissioner Stewart commented that Medium, Medium-High, and High residential districts are being blended at the site. She asked if the density would have been higher at build-out if the zones had not been blended. Mr. Young replied the density with build-out will be less than what is allowed. The following residents spoke regarding the project. Ricardo Sawer, 11542 Barrett Drive, Rancho Cucamonga Fred Henderson, 11575 Claddge Drive, Rancho Cucamonga Hauman Amani, 11583 Claridge Drive, Rancho Cucamonga Karen Grace, 7633 Dickens Court, Rancho Cucamonga Shaunna Lee, 7529 Hardy Avenue, Rancho Cucamonga, Miguel Aguilar, 7639 Byron Avenue, Rancho Cucamonga Richard Heath, 7528 Heathcliff Way, Rancho Cucamonga Jacqueline Gasca, 11800 Yorktown Court, Rancho Cucamonga Lisa Foss, 11572 Barrett Drive, Rancho Cucamonga Stacey Heath 7528 Heathcliff Way, Rancho Cucamonga Sharon Landa, 1134 St. Tropez Drive, Rancho Cucamonga Jonathan Loesch, 11535 Claridge Drive, Rancho Cucamonga George Hemandez, 7607 Waterbury Place, Rancho Cucamonga Concerns raised included the fear of an increase in crime, a decrease in surrounding property values, transiency of apartment dwellers and level of commitment of renters as opposed to owners, visitors to the apartments not caring about the neighborhood, confusion about the term "multi-family," increased pollution, an increase in rodent problems caused by grading and construction, impact on schools, and adequacy of notice regarding the neighborhood meeting and the public hearing. Several residents thought the notices should have been sent to more than a 300-foot radius and two Planning Commission Minutes -5- November 13, 2002 " DRAFT For Discussion Purposes Only people indicated they received notice from the developer regarding the neighborhood meeting the day after the meeting occurred, Several people commented that apartment living is not conducive to family living. It was pointed out that developers but single-family homes in several other areas that had been zoned for multi-family residential and ,several people asked that this land be sold so it could be developed with single-family houses. It was requested that apartments be built in other areas rather than in this location. Upon hearing that the land has been zoned for multi-family dwellings since 1983, several residents suggested the City reevaluate the zoning. Mr. Amani questioned why data was gathered regarding traffic at Milliken and Fourth Street,. which is 3 miles away. He said he was not concerned about the traffic at Milliken and Fourth Street and the City should only be concerned with the impact of traffic on the immediate neighborhood. He also commented that the development was planned at the top of the respective' density categories. Ms. Lee indicated Dan Waters of the Police Department told her that unit per. unit the crime is the same for homes and apartments. Therefore, she concluded there would be twice as much crime for 677 apartments as opposed to approximately 350 single-family homes that could be built on the site. She also feared ' apartment managers take shortcuts if the economy'takes a downturn. She presented a petition asking that apartments not be built. The petition was signed by 157 people, who Ms. Lee said live surrounding the project area. Ms. Grace thanked the devel~)per for adding basketball courts and more connections to the trail. Headng no further testimony, Vice Chairman Macias closed the public hearing. He aske~I that staff address the following issues: 1) What was the notification process and what is required; 2) density and land use issue, i.e., and whether it is at the maximum; 3) developer fees and how they relate to schools; 4) chine issue with respect to apaflments; and 5) due process for the residents if they happen to disagree with any decision made. He commented that with respect to crime, you cannot compare apartments in Rancho Cucamonga with apartments in Los Angeles; nor can you compare single-family neighborhoods in Rancho Cucamonga with those in Los Angeles as they are different socioeconomic strata. Commissioner Stewart also asked that staff address the difference between town homes and apartments. Mr. Buller reported that the City of Rancho Cucamonga goes beyond the state required mandates with respect to notification. He said the City publishes a notice in the newspaper, posts the property (including a 4 x 8 foot sign on this property identifying the number of units and the date of the hearing), and mails notices to all property owners within 300 feet of the perimeter of the project. He stated there are occasions where Planning staff extends the 300-foot radius. He commented staffis aware that some advocates got the word out well beyond the 300-foot area as was shown by the petition and the letters of opposition. He said the notification got out by both the City's efforts and by efforts of the community at large. He confirmed the City did more than what was legally required. He observed the City also required the developer to host a neighborhood meeting and that is not · - requ~d ~ law. -He-0n-derst(~b-d: that a few residents-stated-they did not get notice .mailed by the developer until after the neighborhood meeting and he apologized for that. With respect to the density land use issue, Mr. Bullet said there is a total of 60 acres zoned with three distinct projects, each within the zoning density of that area. He stated the applicant intended to present a larger project, mixing and blending the units of those vadous densities. So far as the mix, he said the applicant has provided a vaded mix instead of one set of apartments or townhouse products. He stated it is a community networked with common open space and community use. He observed there had been a question as to why the City cannot amend a plan that was adopted in 1983. He reported the plan has been amended on several occasions both by the City and by the developer. He noted there was also a recent General Plan update with an exhaustive analysis of the City. He explained that under state law, the City is required to meet certain housing requirements in the City and we are considered to be a balanced community. He observed these densities and the composition of the General Plan have been evaluated numerous times. He said the Ten'a Vista Community Plan is a project that evaluated the streets, size of streets, number of schools and parks, Planning Commission Minutes -6- November 13, 2002 DRAFT For Discussion Purposes Only and amount of open space were all pre-determined based on a certain density of units previously approved for this area. He commented staff is also aware that Lewis Homes and now KB HOME give notification of surrounding land uses when selling homes. He acknowledgedit w~s possible that someone buying a resale home may not have heard or checked the surrounding zoning, but these properties were zoned for this type of development since 1983 and there have been numerous reevaluations with the zoning determined to be appropriate. Mr. Bullet stated that the laws have changed over the years with respect to schools. He noted that in previous years, the City required '~vill-serve" letters from the School Districts that they could house the students. However, he explained the laws have changed and the City has no authority to deny. the project based on school impacts. He said the developer merely has to pay a school impact fee established by the State of California. Vice Chairman Macias noted the City also has no authority over what the School District does with the money it receives. With respect to statements that apartments generate a level of crime (iifferent from single-family home tracts, Mr. Buller stated it is very difficult to make such an across-the-board statement. He said most of the City's statistics show that the crime rate for apartments is not on the same per unit level, but are below the level for single-family tracts. He stated he did not know if there is an analysis of crime within Terra Vista. He said there has not been any evidence that apartments within Rancho Cucamonga are a negative impact on the crime issues of a neighborhood. With respect to due process, Mr. Bullet explained that any decision made by the Planning Commission can be appealed to the City Council within a 10-day appeal period by submitting a letter of appeal to the City Clerk along with the appropriate fee. He said the residents have an opportunity to be heard at neighborhood meetings and at the public hearing before the Planning Commission. He stated that if an item is appealed to the City Council, there would then be a public hearing before that body. Commissioner Stewart stated she sat on the Design Review Committee with Chairman McNiel and they reviewed this project several times and addressed a litany of questions and concerns and the developer responded to each of those with gmat improvement. She believed it is a nice project. She said it has a lot of open space and she noted that the developer had addressed concerns raised by the residents with respect to basketball courts and access points to the trail system. She felt it was interesting that there were so many people testifying this evening when there were only two people at the first community meeting and three at the next. She noted that very different issues were brought forward this evening as opposed to what was discussed at the neighborhood meetings. She believed sufficient and apprepriate notice was given, as indicated by the number of letters and the petition that were submitted. She said staff addressed a lot of the issues that the public raised this evening; Shefelt that town homes do not-necessarily have a transient population. She stated that she works in law enforcement and she concurred with Vice Chairman Macias that you cannot compare apartment commur~iti~-i~ RanchoCuCamonga to Los Angeles or other areas. She said they are a different socioeconomic level and this is a very high-end project with a lot of nice amenities. She did not find any compelling reason why the proposed project cannot be developed at the proposed density of 17 per acre. Commissioner Mannerino observed that the residents feel very strongly about the project. He said that every time a higher density comes into an existing neighborhood, there is always the same reaction. He agreed it seems logical that there would be more crime where there are more people, but law enforcement people have said that is not necessarily the case. He noted the plan has existed since 1983 and the developer has a right to rely on the stated land use. He felt the proposed project meets all the requirements.' He noted there have been numerous environmental impaCt studies and he was confident the developer will address the rodent issue. He stated that the Commission needs a legal basis for a decision in order to deny a project and a project cannot be Planning Commission Minutes -7- November 13, 2002 DRAFT For Discussion purpo¢ .s Only denied merely because the people around it don't like it. He said that if someone buys the land and complies with the law, they get to do what they want within reason considering environmenta!, traffic and law enforcement concerns. He said they have addressed t, hose concerns dudng the past year. He recalled when he wa~ a young awyer with a stmggl ng practica and a young baby, he lived in an apartment because that was all he could afford. He commented he heard several speakers state that this is a family community and apartments are not family oriented. He said he raised his family in an apartment and he paid his rent and did not do any crime nor have loud parties. He said he paid his bills and moved out of the apartment. He felt it offensive to hear the suggestion that apartments are anti-familial and said there are tens of thousands of people in our community and surrounding communities who live in apartments because that is all they can afford. He noted there are single parents with children or married parents with children who can only afford an apartment at that time in their life and that did not make them bad people. 'He said he was offended that the inference was that we don't want that type of families or at least not in our neighborhood. He stated the people who cannot afford to buy a house need a place to live and one such place was defined in 1983. Vice Chairman Macias stated that numerous apartments and multi-density projects have come before the Commission during his five-year tenure on the Commission and the same issues have been addressed time and time again. He observed that the City worked very hard to update the General Plan for the City and that land use designation has been there for 20 years. He expressed frustration that the City gave ample public notice about the update process and there were no comments about the land use at that time. He said the City is required by federal and state law to provide housing for all socioeconomic levels within the community, from market rate down to Iow- income housing. He noted this is a market rate development. He said it would be difficult to change the land use designation to move it elsewhere and elsewhere would have the same issues that were raised tonight. He felt strongly the City has done everything possible to give full due process notice here and in the past and also with the General Plan update. He said the City is complying with the duty to provide housing at all levels. From a personal standpoint, Vice Chairman Macias stated he lives in Term Vista directly behind Coyote Canyon Elementary School between the school and the old Coyote Canyon School site. He said he is completely surrounded by apartments and is within 500 feet of them. He said he has lived in his house for 15 years. He stated he also started his family when he lived in an apartment. He remarked he was becoming a planner when he moved to his house, so he studied the surrounding land uses .and knew he would be surrounded by apartments and he still chose to move there because that was all he could afford within Rancho Cucamonga at that time. He stated his property values have steadily increased and he could have sold his home years ago at a profit but hasn't because it is a lovely neighborhood. He said they use every park and trail in the neighborhood. He indicated he feels comfortable and has never had a theft even though he parks his cars on the street. He stated that his mailbox was vandalized one year by children from the single-family homes. He believed he has grown with the neighborhood. He said his children attended the crowded schools in the area but his daughter did well enough to get a scholarship to the University of Southem Califomia. He acknowledged it is getting denser, but said -the crime-rate-is-still .Iow and-it-i~ still a~afe_community_He~icLnot_believe the project will be a detriment to the community. Motion: Moved by Mannedno, seconded by Stewart to issue a Negative Declaration and adopt the resolutions approving Tentative Tract Map SUBTT16157 and Development Review DRC2001-00791. Motion carried by the following vote: AYES: MACIAS, MANNERINO, STEWART, TOLSTOY NOES; NONE ABSENT: MCNIEL, TOLSTOY - carded Mr. Bullet stated that the City is working with other developers to address the rodent problem and staff would work with Lewis regarding that issue. Planning Commission Minutes -8- November 13, 2002 PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the ~.ndersigned, desiring protect/on from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on  acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map 161:~7~:~ 6. 24. ,4. 17.~]'&b~ ~ 35.~:~~ ~'~ PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map SUBTT 16157). 19. 2. 3. .~.~' 21. 22. 5. 6. 24. 7. 25. 8. /' '~'~ 26. 9. 27. 10. 11. 29. 30. 13. 14. 32. 15. 33. 16. 34. 17. 35. 18. 36. PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map SUBTT 16157). 6. ,','v~'~-',~. .', X,-,.~,.~ 24. . ~-~ 8. '9.~.~ ~.~?. ~f~./'~ '.~.-,-/~-~- ~ 27..'~A~ '-~ . ,/:'f 7 ' / ~ - /' ~ ~i''~,'3 ,:x; ' ,:4 PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of~he area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments'on the 60.7 acre lot on the northwest corner of Church and Terra Vista Parkway (Tract Map SUBTT 16157). . ~ 2. , ,,,~.;,-~>/- .~Y~,~ ~ (--Z-'/' 20. ~"7~x~/~ ,/ / 24. , /'~ ~8. PETITIONAGAIN ST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 6~0¢7, acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map /I 8, ~ 26. 9. 27. 10. 28. 30. 31. 14. 32. 15. 33. MR &MRS ARANA 1155BPALM ~EADDWS §R Saturday, December Ol, 2002 R, C D c AMO N G A C A ~ ~ 1 D~R GI~ OF ~NGHO GU~A~ONGA P~NNING DIVISION, I A~ ~RITING TO INFOR~ YOU THAT I OPPOSE THE LE~I~ APARTMENT GO~UNI~ ~URRENTLY PROPOSED ON TER~ VISTA AND ~HURGH. ~EVE~L OF ~Y NEIGHBORS HAVE ALR~DY ~OVED JUST IN H~RING THAT THE APARTMENTS WERE GOING TO BE BUILT. I KNO~ AND UNDERSTAND ~HAT GAN AND ~AY HAPPEN ~HEN YOU LIVE N~R APARTMENTS, THI~ 18 THE ~A~E R~SON WHY ~E RE-LO~ATED FRO~ ONTARIO IN 1~70 AND ~OVED TO ~NGHO GUGA~ONGA. NO~ ~E ARE LIVING THE ~A~E THING ALL OVER AGAIN. ~E ALR~DY HAVE APARTMENTS ON ~T. VIE~ AND ~ILIKEN AND ~E IN THE NEIGHBORHOOD ARE LIVING WITH THAT, HOWEVER ANYMORE AND I ASSURE YOU ~E WILL ALL ~OVE. WE HAVE LIVED IN ~NGHO SINCE ~70 AND ARE VERY PL~ED WITH OUR HO~E. I HAVE B GHILDREN AND HAVE HAD ~EVE~L PROBLE~ WITH THE PEOPLE THAT LIVE IN THE ~T. VIE~ APART~ENT~ ALR~DY. ~Y ~ON HA8 HAD HI8 BIKE STOLEN AND THE SHERIFF8 DEPT FOUND IT AT THE APT. GO~PLEX. WE ALSO ~VE ~EV~L OF THERE GHILDR~N LOITERING OUR STREET~ AT NIGHT.I'~ ~URE YOU ARE AWARE THAT APART~ENT~ ARE TE~PO~RY AND A ~ORE EGONO~IG ~AY OF LIVING. I A8 WELL A8 ~Y NEIGHBOR8 TAKE PRIDE OF ARE LI~LE GOd,UNITY AND HAVE ~P~NT A GOOD A~OUNT OF ~ONEY TO ~AKE OUR HO~E8 B~UTIFUL AND ~ELL UPKEPT. WE WELCOME I~PROVE~ENT~ SUGH AS NE~ HOUSING DEVEkOP~ENT~ OR EVEN BUSINESSES, HO~ER ~E WILL NOT AND ~AN NOT ALLO~ THE~E APARTMENTS TO BE BUILT, OUR N~T GOURDE OF AGTION 18 TO ~OVE WITH A BITTER TASTE IN OUR ~OUTHS AND THE FEELING THAT THE GI~ OF ~NGHO GUGA~ONGA ONLY GARE~ ABOUTR US ON A ~ONETARY LEVEL ONLY. PLEBE ~AKE THE RIGHT GHOIGE AND FEEL FREE TO GONTAGT ~E IF YOU HAVE ANY OTHER QUEGTION~. SINCERELY, MARLON AND J~NNE A~NA 909 ~5-3528 PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest corner of Church and Terra Vista Parkway (TraCt Map SUBTT 16157). 19. 2. 3. 21. 22. 5. 6. 24. 7. 25. 8. 26. 9. 27. 10. 11. 29. 30. 13. 14. 32. 15. 33. 16. 34. 17. 35. 18. 36. PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the chme rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the andersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our properly, strongly oppose the building of apartments on the 60.~, acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map ~ .'~'"~'~-~1'~ 19. 23. \ . 26. 9. 27. 10. 28. 11. 30. 31. 32. 15. 33. .... ~ {i PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map S .U[3~TT 16157). . 2. , .~ ~-m/> .~j? ~ :/,~/ 20. J,"7 ,/' ' -~ 8. 26. ~LC <.>-~.o . ~J~ ~'~--_ -\ 14. q~c/:~ ¢ 32. 16. ~ ---~ /. C , . ~ ~ 36. PETITION AGAINST PROPOSED APARTMENTS TO BE BUILT ON TRACT MAP SUBTT 16157 (Northwest Corner of Church and Terra Vista Parkway) Whereas the presence of apartments in an area increases the crime rate of the area thereby endangering those who live in the vicinity and promoting a decrease in home values, we the undersigned, desiring protection from the aforementioned crime for ourselves, our families, and our property, strongly oppose the building of apartments on the 60.7 acre lot on the northwest comer of Church and Terra Vista Parkway (Tract Map SUBTT 16157). RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT16157, A RESIDENTIAL SUBDIVISION OF 10 LOTS, ON 60.17 ACRES OF LAND IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE), MEDIUM-HIGH (14-24 DWELLING UNITS PER ACRE) AND HIGH (24-30 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OF THE TERRA VISTA COMMUNITY PLAN, LOCATED AT THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-151-30. A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Tentative Tract Map SUBTT16257, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On August 7, and November 7, 2002, the applicant conducted neighborhood meetings, which was attended by two and three residents, respectively. 3. On October 23, and continued to November 13, 2002, 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 18, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. ' B. Resolution. NOW, THEREFORE, it is hereby~ound, determined, and resolved by-the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all ofthe 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 dudng the above-referenced public hearing on December 18, 2002, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 02-107, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at the northwest comer of Church Street and Terra Vista Parkway, with a street frontage of approximately 2,330 feet on Church Street and approximately 800 feet along Terra Vista Parkway, and is improved with curb, gutter, and street pavement; and CITY COUNCIL RESOLUTION NO. SUBTT16157 - LEWIS APARTMENT COMMUNITIES December 18, 2002 Page 2 b. The subject property is located within Terra Vista, a master planned community, for which the stated goal is to provide for a full range of housing tyl~)es serving all income groups. The Term Vista Community Plan translates this goal into building types ranging from single-family housing through high-density multi-family housing, with the full range of opportunities for cluster, duplex, townhome, and other housing configurations. The proposed project density is 17 dwelling units per acre. The project is consistent with this goal because 1 ) it is located within a neighborhood of the Terra Vista Community Plan identified for higher densities, and 2) it provides townhome style and apartment style units; and c. The proposed project is consistent with the goal of the Terra Vista Community Plan because it is located adjacent to the East Greenway Trail and Milliken Park; therefore, places important open space near the greatest number of residents; and do The property to the north is the East Greenway Trail. The property to the south consists of Tract 15492 (a single-family residential development) and vacant land with a land use designation of Medium-High Residential. The property to the east is Tract 15072, commonly known as the Village of Independence (a gated single-family residential development), and the property to the west is Milliken Park and the recently completed Storage West facility, which is in the Recreational Commercial land use designation of the Terra Vista Community Plan; and e. The application contemplates a residential subdivision of ten lots for the development of 677 apartment dwellings on 39.6 acres of land within the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan, located on the northwest corner of Church Street and Terra Vista Parkway; and f. The Terra Vista Master Plan, and Land Use Plan, designated the neighborhood of the subject property for higher density multi-family housing. An Environmental Impact Report (State Clearinghouse No. 81082808) was certified on February 16, 1983, for the Terra Vista Community Plan and addressed the traffic impacts associated with the development of all properties within Terra Vista. The streets serving the proposed project, most notably Church Street and Terra Vista Parkway, were engineered based upon this land use plan to accommodate the traffic volumes of this higher density; and g. The subject property is vacant and has been cleared; therefore, does not contain any trees; and h. Home values have increased in the Terra Vista master planned community since its opening in 1984. There are many higher density ~multi-family developments within all four neighborhood quadrants of Terra Vista; and i. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and j. On November 17, 2001, the City Council adopted a General Plan for the City of Rancho Cucamonga, which included a land use designation of Medium (8-14 dwelling units per acta), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) CIT.Y COUNCIL RESOLUTION NO. SUBTT16157 - LEWIS APARTMENT COMMUNITIES December 18, 2002 Page 3 Residential Districts for the subject property. The proposed project density of 17 dwelling units per acre is consistent with these density ranges. .3. Based upon the substantial evidence presented to this Council during tl)e above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. The tentative tract is consistent with the General Plan, the objectives of the Devblopment Code, and the Terra Vista Community plan; and b. The design or improvements of the tentativ.e tract is Consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and c. The site is physically suitable for the type of development proposed; and d. The design of the tentative tract is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or the habitat; and e. The design of the tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 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. 02-107, attached hereto. 5. This Council hereby provides notice to Lewis Apartment Communities that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. - - 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Lewis Apartment Communities at the address identified in City' records. RESOLUTION NO. ,0~,' '~'~' ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING,DEVELOPMENT REVIEW DRC2001-00791, FOR THE DESIGN REVIEW OF 677 APARTMENTS ON 39.6 ACRES OF LAND, IN THE MEDIUM (8-14 DWELLING UNITS PER ACRE}, MEDIUM-HIGH (14-24 DWELL~ING UNITS PER ACRE) AND HIGH (24-30 DWELLING UNITS PER ACRE) RESIDENTIAL DISTRICTS OFTHE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE NORTHWEST CORNER OF CHURCH STREET AND TERRA VISTA PARKWAY AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-151-30. A. Recitals. 1. Lewis Apartment Communities filed an application for the approval of Development Review DRC2001-00791, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On August 7, and November 7, 2002, ti3e applicant conducted neighborhood meetings, which was attended by two and three residents, respectively. 3. On October 23, and continued to November 13, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed pu,blic hearing and approved the application. 4. The decision represented by said Planning Commission Resolution No. 02-108 was appealed in a timely manner to this Council. 5. On December 18, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution ara true and correct. 2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on December 18, 2002, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 02-108, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located at the northwest corner of Church Street and Terra Vista Parkway, with a street frontage of approximately 2,330 feet on Church Street and approximately 800 feet along Terra Vista Parkway, and is improved with curb, gutter, and street pavement; and CITY COUNCIL RESOLUTION NO. DRC2001-00791 - LEWIS APARTMENT COMMUNITIES December 18, 2002 Page 2 b. The subject property is located within Terra Vista, a master planned community, for which the stated goal is to provide for a full range of housing types serving all income groups. The Terra Vista Community Plan translates this goal into building types ranging from single-family housing through high-density multi-family housing, with the full range of opportunities for cluste.r, duplex, townhome, and other housing configurations. The proposed project density is 17 dwelling units per acre. The project is consistent with this goal because 1) it is located within a neighborhood of the Terra Vista Community Plan identified for higher densities, and 2) it provides townhome style and apartment style units; and c. The proposed project is consistent with the goal of the Terra Vista Community Plan because it is located adjacent to the East Greenway Trail ~nd Millik'en Park; therefore, places important open space near the greatest number of residents; and d. The property to the north is the East Greenway Trail. The property to the south consists of Tract 15492 (a single-family residential development) and vacant land with a land use designation of Medium-High Residential. The property to the east is Tract 15072, commonly known as the Village of Independence (a gated single-family residential development), and the property to the west is Milliken Park and the recently completed Storage West facility, which is in the ' Recreational Commercial land use designation of the Terra Vista Community Plan; and e. The application contemplates a residential subdivision of ten lots for the development of 677 apartment dwellings on 39.6 acres of land within the Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts of the Terra Vista Community Plan, located on the northwest corner of Church Street and Terra Vista Parkway; and f. The Terra Vista Master Plan, and Land Use Plan, designated the neighborhood of the subject property for higher density multi-family housing. An Environmental Impact Report (State Clearinghouse No. 81082808) was certified on February 16, 1983, for the Terra Vista Community Plan and addressed the traffic impacts associated with the development of all properties within Terra Vista. The streets serving the proposed project, most notably Church Street and Terra Vista Parkway, were engineered based upon this land use plan to accommodate the traffic volumes of this higher density; and g; - -T~ne-subject propertyis vacant andhas~beencleared;-therefore, does not contain any trees; and h. Home values have increased in the Terra Vista master planned community since its opening in 1984. There are many higher density multi-family developments within all four neighborhood quadrants of Terra Vista; and i. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity; and j. On November 17, 2001, the City Council adopted the General Plan Update for the City of Rancho Cucamonga, which included a land use designation of Medium (8-14 dwelling units per acre), Medium-High (14-24 dwelling units per acre) and High (24-30 dwelling units per acre) Residential Districts for the subject property. o77¥ CITY COUNCIL RESOLUTION NO. DRC2001-00791 - LEWIS APARTMENT COMMUNITIES December 18, 2002 Page 3 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearin~ 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 project is consistent with the General Plan, the objectives of the Development Code, and the Terra Vista Community Plan; and b. The design or improvements of the proposed project is consistent with the General Plan, Development Code, and the Terra Vista Community Plan; and c. The site is physically suitable for the type of development proposed; and d. The design of the proposed project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or the habitat; and e. The design of the proposed project is not likely to cause serious public health problems; and f. The design of the proposed p.roje'ct will not conflict with any easement acquired by the public at large, now of record, for access through or use of the properly within the proposed subdivision. 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. 02-108, attached hereto. 5. This Council hereby provides notice to Lewis Apartment Communities that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Lewis Apartment Communities at the address identified in City records. - ............ T H C I T Y O F I~AN C H 0 C U CAH 0 N GA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET RECOMMENDATION It is recommended that the City Council approve this amendment to Chapter 9.26 of Title 9 of the Rancho Cucamonga Municipal Code that prohibits solicitation of employment or business while in or on a public street. BACKGROUND For a number of years, the intersection of Arrow Rte. And Grove Ave. has been a gathering place for "day laborers". Each day a large number of individuals gather at this intersection and wait for someone to drive by and request their services. While trying to seek work, these individuals aggressively pursue cars or trucks that stop at the intersection or park at one of the local businesses. In many cases, the people in these vehicles are not seeking workers at all and are sometimes shocked to find their vehicle surrounded by several men. These activities have generated a number of complaints from motorists regarding the traffic hazards that are created by these individuals dashing into the street or across the street in hope of gaining work. Drivers who make illegal stops in traffic lanes in order to hire laborers also create traffic hazards. In an attempt to alleviate this problem, the City Council adopted an ordinance prohibiting the solicitation of work or the hiring of workers from the public rights of way, including sidewalks. This ordinance has recently been challenged and similar ordinances have recently been overturned. This amendment has been drafted by the City Attorney to address the changing case law and provide a tool for the City to Page 2 December 18, 2002 continue its legitimate efforts to preserve public safety for motorists and pedestrians on the public streets. Re~p~ectfu ily submitted, Duane A. Baker Assistant to the City Manager CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.26 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE SOLICIATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET Staff Report and Exhibits December 18, 2002 T H E C I T Y O F I~ANCHO CUCAMONGA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET RECOMMENDATION It is recommended that the City Council approve this amendment to Chapter 9.26 of Title 9 of the Rancho Cucamonga Municipal Code that prohibits solicitation of employment or business while in or on a public street. BACKGROUND For a number of years, the intersection of Arrow Rte. And Grove Ave. has been a gathering place for "day laborers". Each day a large number of individuals gather at this intersection and wait for someone to drive by and request their services. While trying to seek work, these individuals aggressively pursue cars or trucks that stop at the intersection or park at one of the local businesses. In many cases, the people in these vehicles are not seeking workers at all and are sometimes shocked to find their vehicle surrounded by several men. These activities have generated a number of complaints from motorists regarding the traffic hazards that are created by these individuals dashing into the street or across the street in hope of gaining work. Drivers who make illegal stops in traffic lanes in order to hire laborers also create traffic hazards. in an attempt to alleviate this problem, the City Council adopted an ordinance prohibiting the solicitation of work or the hiring of workers from the public rights of way, including sidewalks. This ordinance has recently been challenged and similar ordinances have recently been overturned. This amendment has been drafted by the City Attorney to address the changing case law and provide a tool for the City to Page 2 December 18, 2002 continue its legitimate efforts to preserve public safety for motorists and pedestrians on the public streets. Re~spectfully submitted, Duane A. Baker Assistant to the City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF R3%NCHO CUCAMONGA AMENDING CHAPTER 9.26 OF TITLE 9 OF THE R3~NCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City hereby finds that there continues to be public safety and traffic flow problems created by persons running into, going upon and remaining in the streets and swarming cars to solicit work from persons traveling in vehicles and that it is necessary to continue to have an ordinance that prohibits solicitation of persons traveling in vehicles while in or upon a street or highway. However, the City finds that it is appropriate to amend Chapter 9.26 to clarify certain terms to more clearly state the original and continuing intent of the Chapter. These amendments are clarifications of existing law and reflect the manner in which the Chapter has previously been applied and enforced. Section 2. Section 9.26.030 of Chapter 9.26 of Title 9 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Section 9.26.030(a) Solicitation While On or In A Public Street or Hiqhway. It shall be unlawful for any person(s) physically present in or on a street or highway, to solicit the occupant(s) of any vehicle traveling upon any street or highway. This section does not prohibit solicitation by persons off the street or highway, or on a sidewalk." "Section 9.26.030(b) Solicitation Defined. "Solicitation" shall mean any request, offer, enticement, or action, which announces the availability of employment, services, goods, or seeks a donation or contribution. "Solicitation" does not include the distribution of free literature, flyers or leaflets." _-779 "Section 9.26.030(c) Street, Hiqhway and Sidewalk Defined. The terms "street", "highway" and "sidewalk" shall have those meanings as set forth in Sections 360, 509 and 555, respectively, of the California Vehicle Code, or any successor provisions thereto. Section 3. Violation Penaltl~. "Section 9.26.040 Violation Penaltx. "Any person engaging in any activity declared unlawful by subsection (a) of Section 9.26.030 is guilty of a misdemeanor and shall be punished as set forth in Section 1.12.020 of Chapter 1.12 of Title 1 of this Code." Section 4. Severabilit . The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED and ADOPTED this day of , 2002. MAYOR -;79 Exhibit A Surveillance Video Narrative Rancho Cucamonga Police Department November 11, 2002 R A N C H O C U C A M O N G A POLICE DEPARTMENT To: Duane Baker, Asst. City Manager City of Rancho Cucamonga On 1 l-11-02, at about 0700 Hrs., deputies assigned to the Rancho Cucamonga station conducted a surveillance in the area of Grove Ave. and Arrow Rte. Assisting in the operation was Deputy R. Harm (operator of video equipment), Deputy E. Gonzalez, who was in a marked unit and members from the S.E.T. team who were in plain clothes and driving unmarked vehicles. I was operating the video camera from the office area at 8517 N. Grove Ave. (Lee Wise Garage), which is located on the S/E comer of Arrow Rte. and Grove Ave. The goal of this operation was to observe and video tape pedestrians in the area who create traffic hazard to motorists when they run to vehicles that stop to hire them. At about 0730Hrs., a detective, driving a tan pick up truck stopped on the N/E comer of Grove Ave. and Arrow Rte. (Arrow & Grove Market) and was approached by a pedestrian on the driver side of the vehicle. The detective indicated he needed 3 persons to help him with a project. The pedestrian yelled something in Spanish to other pedestrians standing on the west side of Grove Ave. prompting several subjects to mn across the street. At the time, North and Southbound traffic on Grove Ave. had a green light at arrow Rte. One pedestrian ran on the west side of Grove Ave., about 15' north of the crosswalk then crossed the roadway (violation of CVC21955 Jaywalking) to the east side of the street. A vehicle driving northbound Grove Ave. on a green light had to brake to avoid hitting the pedestrian. This was captured on the tape provided. Several other pedestrians ran across the street from the S/W comer of the intersection to the N/e comer against the light. Vehicles waiting to proceed west on Arrow Rte had to wait until the pedestrians crossed in front of them (violation of CVC21453d pedestrian crossing against a red light) before they could proceed into the intersection. The above scenario occurres on a daily basis and poses a tremendous safety hazard to both the pedestrians who constantly violate laws trying to be the first to get to a vehicle that stops to hire them and motorists who take evasive action to avoid hitting pedestrians and vehicles that suddenly stop to hire the pedestrians. Deputy R. Harm can answer any questions pertaining to this tape at 909-477-2810. Exhibit B Testimony Transcript of Sgt. Mendenhall- Upland Police Department Upland City Council Meeting December 9, 2002 December 9, 2002 City Council Neeting - report given by Sgt. Mendenhall Sgt. Mendenhall: Good Evening Council. Regarding the situation out at Arrow and Grove, I have personally gone out on at least three occasions and sat at the intersection or close to the intersection and observed the problem out there. I went out there on November 5, 2002 at approximately 8:58 a.m., I was at the north east corner of Arrow and Grove and I observed an older model Ford pick-up truck pull into the liquor store parking lot. I saw three Hispanic males run across the street from the south side of Arrow Highway to the north side to get to the Ford pick-up truck. One of the males eventually got into the truck and the truck drove away. I went out there again on Wednesday, October 30, 2002 at approximately 7:25 a.m., I was at the same corner. I observed a white van go westbound on Arrow from Grove Avenue and stop on Arrow west of Grove. I did not see the driver, but I saw four day laborers get into the right side of the van and then the van drove away. While the van was parking it pulled partially off the unimproved street and a small compact vehicle had to go around the van in order not the strike the van while the day laborers were getting into the van. I went out there again on November 11, 2002 at approximately 11:00 a.m. I was at the same intersection. I observed a black Camero stopped in the street on Arrow Highway east. of Grove Avenue. The driver was a white male adult approximately 40 years old. He contacted the day laborers and I saw three day laborers get into the Camero and then drive away eastbound on Arrow Highway. Unbeknownst to me again on November 11 at 7:00 a.m. the Sheriff's Department from Rancho Cucamonga was out there in an undercover capacity and they actually made a video and happened to capture on video, which I brought tonight. It's approximately 45 seconds long, that depicts what the problem is and what the traffic problems that lie out there are. It's pretty self explanatory. But what you'll see is they have an undercover car out there videoing and you will see the pick-up truck that is in the liquor store at the north east corner. Sgt. Mendenhall shows video. Sgt. Mendenhalh The day laborer goes up to it and shortly you'll see a day laborer run east bound across Grove Avenue and you'll see that the traffic has a north/south green light so the pedestrian is running across the street illegally and you'll see the cars have to slow down in order to avoid--right there's the pedestrian illegally crossing and that brown car had to slow as did two southbound cars. This is occurring on almost a daily basis out there. Again, there's two--three more coming across the street. Now you can see that the light has changed and now east/west traffic has a green light. You can also see the litter out there that's caused by this. That's all I have. Councilmember Thomas: Sgt. Mendenhall, while you are here, before we vote on this item, can you describe some of the conditions that are on and around that area where those folks congregate. Sgt. Mendenhalh Yes, sir. As far as Upland's side, it's unimproved west of Grove Avenue. There's a chain link fence on the north side of the street and they have attached lien-to huts to protect themselves during sunny weather, during rain. We've had calls just basically on a daily basis where people are walking by and they are ending up being accosted by the people out there and we go out there and we try and take down the lien-to huts and that. They just seem to reappear almost on a daily basis. Councilmember Thomas: Aren't other bodily functions performed out in the public, too? Sgt. Nendenhalh yes, we have received complaints of urinating in public out there because there are no facilities out there, Exhibit C Police Dispatch Printouts October- November 2002 Rancho Cucamonga Police Department April - October 2002 Upland Police Department 2/18/02 15:50:53 PRINT REQUESTED BY TERMINAL RC08 OLICE INCIDENT #RC023210126 NTERED 11/17/02 14:037 BY EC01 /G0294 ISPATCHED 14:047 BY / NSCENE 14:077 LOSED NAT 11/17/02 14:117 BY 11P33 YPE: UN-WANT (UNWANTED SUBJECT) PRIORITY: 1 SOURCE: PHONE ISPATCH GROUP: RC REPORTING AREA: RC052 -COORD: 6674221 Y-COORD: 1858781 THOMAS-BROS: S-602-E3 GEOLOC: FH27BE9 DCN: 8114 ARROW RT ,RCC NEAR CALAVERAS AV ~ME: SASAF, TONY ADDR: X GROVE PHONE: 982-5134 14037 111702 CATCHUP (G0294) (T:EC01) ARROW & GROVE MKT, HAS A HMA @ INC LOC R FUSING TO LEAVE, BEING 415V W/ R P SUBJ HMA BLU BB CAP JEAN SHIRT JEANS 1449 111702 CATCHUP 14047 111702 DISP 11P32 14077 111702 ONSCENE 11P32 14117 111702 INSERVCE 11P32 14047 111702 DISP 11P33 14097 111702 ONSCENE 11P33 14117 111702 CLEAR 11P33 NAT ,SUBJ GOA 14047 111702 DISP 11P22 14087 111702 ONSCENE 11P22 14117 111702 INSERVCE 11P22 14117 111702 CLOSE 2/18/02 15:51:34 PRINT REQUESTED BY TERMINAL RC08 OLICE INCIDENT #RC023160062 NTERED 11/12/02 07:51:06 BY ECC7 /B3944 ISPATCHED 07:54:22 BY EC05 /10077 NSCENE 07:55:56 LOSED GOA 11/12/02 08:01:51 BY 11P22 (#H3136 ) YPE: 602 (LAND TRESPASS) PRIORITY: 2 SOURCE: PHONE ISPATCH GROUP: RC REPORTING AREA: RC052 -COORD: 6674221 Y-COORD: 1858781 THOMAS-BROS: S-602-E3 GEOLOC: FH27BE9 OCN: 8114 ARROW RT ,RCC NEAR CALAVEP~AS AV kME: TONY ADDR: ARROW/GROVE MARKET PHONE: 982-5134 ]751 111202 ENTRY (B3944) (T:ECC7) APPROX 20 HMS IFO LOC IN THE PARKING LOT OF [NC LOC, ARE DAY LABORERS )751 111202 HOLD (10077) 3751 111202 UHOLD 11P22 (10077) )753 111202 *SELECTED )754 111202 DISP 11P22 #H3136 FELIX RC HUAMAN )754 111202 *ENROUTE 11P22 )755 111202 *ONSCENE 11P22 3759 111202 *CODE4 (H3136) (T:llP22) 11P22 )801 111202 *CLEAR (H3136) 11P22 GOA , DAY LABORERS WERE WEST OF GROVE AV IN U hAND. WILL RETURN FOR X-PAT. CODE 4. )801 111202 *CLOSE 2/18/02 15:55:39 PRINT REQUESTED BY TERMINAL RC08 OLICE INCIDENT #RC023100060 NTERED 11/06/02 07:55:37 BY 11P52 /H0633 ISPATCHED 07:55:38 BY 11P52 /H0633 NSCENE 07:55:38 LOSED ARR 11/06/02 11:12:42 BY llP21 (#H3136) 'YPE: COPS (COPS MORE GRANT TRACKING) PRIORITY: 4 SOURCE: RADIO 'ISPATCH GROUP: RC REPORTING AREA: RC058 -COORD: 6674132 Y-COORD: 1858785 THOMAS-BROS: GEOLOC: FH27BE9 ,OCN: ARROW RT /N GROVE AV ,RCC 0755 110602 *ONVIEW 11P52 COPS ARROW/GROVE , DAY LABORER PROJECT 0755 110602 *DISPOS 11P52 #H0633 ROBERT RC HARM 0757 110602 *INQUIRY VEH, 11P52,,,3RQA761 0838 110602 CHANGE (U0055) (T:EC05) 0838 110602 CHGLOC ARROW/GROVE TO ARROW RT /N GROVE AV ,RCC 0844 110602 *INQUIRY VEH, 11P52,,,4KXD876 0848 110602 *INQUIRY CDLMDT,X,,VALDES,SEVERO,,,,516,MONTCLAIR,--, 9851 110602 TSTOP (U0055) 11P52 BAKER/ARROW , WHT BOBTAIL, NO PLATES 9855 110602 INQUIRY VEH, 11P52,,,6E02959 9859 110602 INQUIRY SNSMl,llP52,X,X,X,X,,SMITH,ROBERT,W,M,07061946,,, 9859 110602 INQUIRY SNSMl,llP52,X,X,X,X,,DIAZ,ARTEMIO,,M,10201953,,, 9900 110602 INQUIRY SNSMl,llP52,X,X,X,X,,GAMARRO,SANTOS,,M,02221972,,, 9900 110602 CONTACT (U0055) 11P52 9942 110602 MISC (U0055) (T:EC05) 11P52 , CIT TIMES 2 9943 110602 NEWLOCOS (U0055) 11P52 ARROW/GROVE 9943 110602 ASST 11P23 #B1515 RICHARD RC BLETCHER @ ARROW/GROVE 9944 110602 ASSTER llP21 #H3136 FELIX RC HUAM3~N @ ARROW/GROVE 9944 110602 PREEMPT (T:EC05) (U0055) 11P23 9950 110602 *ONSCENE llP21 1006 110602 INQUIRY SNSMl,llP21,X,X,X,X,,LOPEZ,GERARDO,,M,11021966, , 1007 110602 MISC (U0055) (T:EC05) llP21 , CA0360055 RE: QVC.CA0360055.NAM/LOPE ,GERARDMATCH MADE ON NAM/LOPEZ,GERARDONAME FIELD SEARCH REVEALS:HIT # 001 1007 110602 MISC (U0055) (T:EC05) llP21 , HIT MADE ON AKA/LOPEZ,GERARDOORI/CAO 90097 FCN/3730214102819 NAM/LOPEZ,GEP~ALDO DELACRUZ 19661102 M H 505 170 BLK BR MXDOW/20020521 WAR/02WF0472 OFF/3599 DANGEROUS DRUG FEL ENT/1BAIL/NO BAIL 1007 110602 MISC (U0055) (T:EC05) llP21 , OCA/02680256 MIS/SELL-TPJ~NS-FURNISH ~RIJ BAKA/LOPEZ,GERARDO/ZACARIAS,GERP~AD0 LOPEZLOPEZ,JARARDOADB/19621102 MNU/OA 1079904CII/A23489333 FBI/721227PB1 1007 110602 MISC (U0055) (T:EC05) llP21 , IMMEDIATELY CONFIRM WITH CA0300097 O ~NGE CO WRNT REPOSITOR N[NE/AWSOTELEPHONE 714 834-6470 1015 110602 TP-ANS (U0055) llP21 WVDC 1016 110602 MISC (U0055) (T:EC05) llP21 , 11/06/02 10:16:16 FROM SAW - ~OR UNI EC05 ** WARR3~NT ABSTRACT PRINT REQUEST RECIEVED FOR: 34 LOPEZ .018 110602 MISC (U0055) (T:EC05) , CA0360055 RE: QVC.CA0360055.NAM/LOPEZ,JERA )MATCH MADE ON NAM/LOPEZ,JEP~ARDONAME FIELD SEARCH REVEALS:HIT # 001HIT MADE ON ~KA/LOPEZ,JERARDOORI/CA0360045 FCN/4360208101985 .018 110602 MISC (U0055) (T:EC05) , NAM/LOPEZ,GERARDO 19621102 M H 506 130 BLK ~RO MMDOW/20010130 WAR/MWV061755 OFF/5015 FAILURE TO APPEAR MISD ENT/1BAIL/5,5 ~019 110602 MISC (U0055) (T:EC05), MIS/LIQUOR TT R ARM BOX RAKA/LOPEZ,JARARDO JERARDOADB/19661202 IMMEDIATELY CONFIRM WITH CA0360045 SAiq BERDO SO-WARR SEC MNE/SBOOTELEPHONE 909 387-3690 .019 110602 MISC (U0055) (T:EC05) , HIT # 002HIT M~-DE ON NAM/LOPEZ,JERARDOORI/ ~0360045 FCN/4360208101984 NAM/LOPEZ,JERARDO 19621102 M H 506 130 BLK BR0 MMDO '20010116 WAR/MWV061600 OFF/5015 FAILURE TO APPEAR MISD ENT/1 1019 110602 MISC (U0055) (T:EC05) , BAIL/10,000MIS/DISORDERLY CONDUCT TT R ARM ,OX RABlA/LOPEZ,JAR3LRDO/LOPEZ,GER-ARDOADB/19661202 CII/A23489333 /]-033 110602 *ONSCENE llP21 /1040 110602 *PREEMPT (T:llP52) (H0633) 11P52 /1112 110602 *CLEAR (H3136) llP21 ARR , LOPEZ ARR OUTSTA/qDING WARR3~NTS S.B.CO. /1112 110602 *CLOSE 12/18/02 15:57:29 PRINT REQUESTED BY TERMINAL RC08 POLICE INCIDENT #RC023090160 ENTERED 11/05/02 13:35:07 BY EC05 /N0549 DISPATCHED 13:35:07 BY EC05 /N0549 ONSCENE 13:35:07 CLOSED OAA 11/05/02 13:40:29 BY 11P35 (#F1403 ) TYPE: 415F (FIGHT) PRIORITY: 1 SOURCE: tlADIO DISPATCH GROUP: RC REPORTING AREA: RC058 X-COORD: 6674132 Y-COORD: 1858785 THOMAS-BROS: GEOLOC: FH27BE9 LOCN: ARROW RT /N GROVE AV ,RCC ~1335 110502 ONVIEW 11S9 415F ARRW GROVE ~1335 110502 DISPOS 11S9 #S1786 STEPHEN RC SMITH ~1335 110502 ASSTER 11P35 #F1403 DAVID RC FRAYEH ~1335 110502 ASSTER 11P32 #V0315 PAMELA RC WOODS ~1335 110502 ASSTER 11P33 #G0803 MICHAEL RC GASWAY ~1335 110502 *ASSTER 11P23 #H3136 FELIX RC HUAMAN '1336 110502 CHANGE (N0549) (T:EC05) '1336 110502 CHGLOC ARRW GROVE TO ARROW RT /N GROVE AV ,RCC '1336 110502 CHGRSP P TO PPP '1336 110502 *INSERVCE (G0803) 11P33 '1336 110502 *INSERVCE (V0315) 11P32 '1336 110502 *INSERVCE (H3136) 11P23 '1337 110502 ONSCENE 11P35 '1338 110502 CODE4 (N0549) (T:EC05) 11P35 , WILL BE UPL PD AREA, STANDING BY TI L THEY GET AN ADDT'L UNIT /1340 110502 INSERVCE 11S9 /1340 110502 CLEAR 11P35 OA3t , UPL PD TO HANDLE /1340 110502 CLOSE 12/18/02 15:53:59 PRINT REQUESTED BY TERMINAL RC08 POLICE INCIDENT #RC022780187 ENTERED 10/05/02 15:14:43 BY ECC3 /A9304 DISPATCHED 15:18:15 BY EC05 /01308 ONSCENE 15:21:13 CLOSED UTL 10/05/02 15:37:20 BY llA20 (#H0250 ) TYPE: 1182 (NON INJURY ACCIDENT) PRIORITY: 3 SOURCE: PHONE DISPATCH GROUP: RC REPORTING AREA: RC058 X-COORD: 6674132 Y-COORD: 1858785 THOMAS-BROS: S-602-E3 GEOLOC: FH27BE9 LOCN: ARROW RT /N GROVE AV ,RCC NAME: HAMLET, TERRY PHONE: 260-5821 /1514 100502 ENTRY (A9304) (T:ECC3) CHP TR3kNS//E/B ARROW FROM INC LOC THERE WAS A SM RED CAR THAT HIT A VAN I N PKG LOT AT CORNER, VEH LEFT SCENE E/B ARROW, B OTH VEH'S ARE NOW PRKD NEAR AR ROW AND BAKER E/B ARROW OFF TO SIDE OF ROAD, BRN /TAN VAN, RED HONDA /1515 100502 SUPP (A9304) (T:ECC3) NON INJ, POSS 415V BTWN INV PARTIES, NFI/NFD /1516 100502 HOLD (01308) /1518 100502 DISPER llA20 #H0250 ROBERT RC HOSTETTER /1518 100502 ASSTER 11P33 #V0790 ANTHONY RC VEGA /1521 100502 *ONSCENE 11P33 /1527 100502 *CLEAR (V0790) 11P33 UNF NO T.C. OCCURRED. ARGUEMENT ONLY. /1533 100502 *ONSCENE llA20 /1537 100502 *CLEAR (H0250) llA20 UTL /1537 100502 *CLOSE 12/18/02 15:52:22 PRINT REQUESTED BY TERMINAL RC08 POLICE INCIDENT #RC022770138 ENTERED 10/04/02 12:11:24 BY ECC8 /B8962 DISPATCHED 12:26:50 BY EC04 /01308 ONSCENE 12:29:07 CLOSED NAT 10/04/02 12:43:27 BY 11P32 (#00443) TYPE: 647E (LOITERING) PRIORITY: 4 SOURCE: PHONE DISPATCH GROUP: RC REPORTING AREA: RC052 X-COORD: 6674221 Y-COORD: 1858781 THOMAS-BROS: S-602-E3 GEOLOC: FH27BE9 LOCN: 8114 ARROW RT ,RCC NEAR CALAVERAS AV NAME: AFAR, TONY ADDR: X-GROVE PHONE: 9099825134 /1211 100402 ENTRY (B8962) (T:ECC8) STS THERE IS A GROUP OF DAY LABORORS, HBD, IFO LOC, CHASING CUSTOMERS AWAY. /1211 100402 HOLD (U0055) /1211 100402 I/HOLD B2 (U0055) /1226 100402 DISPER 11P32 #00443 ANTONIO RC ORDAZ /1229 100402 *ONSCENE 11P32 /1232 100402 INQUIRY SNSMl,llP32,X,X,X,X,,LUNA, WILLIAM,,M,12251978,,, /1232 100402 INQUIRY SNSMl,llP32,X,X,X,X,,PICASSO,VENANCIO,,M,05181972,, 21234 100402 MISC (01308) (T:EC04) 11P32 , D FOR LAW ENFORCEMENT USE ONLYDL/NO: D4240654*B/D:12-25-1978*NAME:LUNA WILLIAM C*RES/ADDR: AS OF 04-24-02:1202 EAST 6TH ST APT A ONTARIO 91764*OTH/ADDR AS OF 09-14-01:1202 EAST 6TH ST APT A ONTAR IO *IDENTIFYING INFORMATION:SEX:MALE*HAIR:BLACK*EYES:BRN*HT:6-00*WT:185, /1243 100402 *CLEAR (00443) 11P32 NAT , MAJORITY OF DAY LOBORERS ARE ON UPL~iqD SIDE OF GROVE AND 9TH. SPOKE WITH TWO SUBJECTS WHO WERE NEAR RP'S PROPERTY. SUB JECTS LEFT. MADE CONTACT WITH RP WHO DESCRIBED A 647F SUBJECT WHO WAS NO LONGER AT LOCATION. /1243 100402 *CLOSE 10/16/02 13:06:44 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMbLARY FOR #8506 10/16/02 13:06:44 SEQ: 8506 Police ** EVENT ** TYPE: PATREQ DAY WORKERS DISP: INF0 ANI: 10/05/02 09:09:12 PRI: 4 COUNCIL: ". 10/05/02 09:09:20 2118 LTB2 POS: 1 QUAJDRAlqT: : SOC: T USER-l: b~: 10/05/02 09:11:07 375 LTC2 REC: UP- 79 USER-2: ERT: RPT: UP- 79 SQ.MILE: ATS: BEAT: 4 CRIME WATCHI: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 16/05/02 09:22:17 CENSUS: WRECKER: CLS: 10/05/02 12:41:19 375 LTC2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 97 MOORE UNITS: #2S3 #2P41 #2P31 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:ANONYMOUS RA: PH: CT: ADV THAT ON THE INTERNET, THERE IS INFO REF PENDING ASSAULT OF DAY WORKERS [09:10:10-JOHNSON] @ NOON TODAY. RP SAYS THAT UPLAND CITIZENS ARE SUPPOSED TO BE RESPONDING [09:10:10-JOHNSON] THERE W/BB BATS @ NOON. [09:10:10-JOHNSON] RP WANTED OUR DEPT TO GO OUT AND ARREST THE DAY WORKERS PRIOR [09:il:il-JOHNSON TO GIVING THIS INTERNET "INFO." [09:Il:Il-JOHNSON] *******THERE WERE NO INCIDENTS [12:41:17-GOODWIN] n~ ANONYMOUS Reporting Party [12:41:19-GOODWIN] ~T START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2S3 10/05/02 09:11:07 09:15:09 DM 92 97 2P31 10/05/02 09:15:12 09:15:15 DP 93 780 2P41 10/05/02 09:15:12 09:22:17 DM 93 338 Exhibit 1 10/16/02 13:09:10 UPL LTB2 SA/qDERS INCIDENT ACTIVITY SLrMFJtRy FOR #4805 10/16/02 13:09:10 SEQ: 4805 Police ** EVENT ** TYPE: HAZARD IN THE STREET DISP: UTL ANI: 09/20/02 10:06:33 PRI: 2 COUNCIL: "~G: 09/20/02 10:07:04 1511 LTB2 POS: 1 QUADRANT: SOC: T USER-I: ~_P: 09/20/02 10:09:37 1511 LTB2 REC: UP- 79 USER-2: ERT: 09/20/02 10:10:04 RPT: UP- 79 SQ.MILE: ATS: 09/20/02 10:11:18 BEAT: 4 CRIME WATCHi: TRI: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 09/20/02 10:11:36 CENSUS: WRECKER: CLS: 09/20/02 10:11:38 375 LTC2 · COUNTY: ZTR: RUN CARD: MAP INDEX: A_REA: X COOR: Y COOR: ASSIGNEE: 338 WILSON UNITS: #2P41 #2P22 #2S3 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:TOM SCHULTE RA: PH: CT: R/P ADVISING THERE ARE APPROX 30 DAY WORKERS AT THE LOCATION. [10:07:17-SANDERS ON THE WEST SIDE. ALSO ADVISED THERE ARE TV AND CAMERA CREWS [10:07:41-SANDERS AT THE LOCATION AND SUBJECTS ARE GOING IN AND OUT OF TP-AFFIC. [10:07:52-SANDERS NO HAZARD HERE (Unit:2S3) [10:ll:33-GOODWIN] PE: TOM SCHULTE - Reporting Party [10:ll:38-GOODWIN] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P22 09/20/02 10:09:37 - 10:10:04 DM 93 2094 oo41 09/20/02 10:09:37 - 10:10:25 DM 92 338 09/20/02 10:09:37 - 10:11:18 DM 93 97 22 09/20/02 10:10:04 - 10:10:48 E 97 2094 2P41 09/20/02 10:10:25 - 10:10:54 E 97 338 2S3 09/20/02 10:11:18 - 10:11:35 S 98 97 2S3 09/20/02 10:11:35 - 10:11:36 E 97 97 2S3 09/20/02 10:11:36 - 10:11:36 S 98 97 10/16/02 13:09:51 UPL LTB2 SAJ~DERS INCIDENT ACTIVITY S~Y FOR #9422 10/16/02 13:09:51 SEQ: 9422 Police ** EVENT ** TYPE: LOITER DAY WORKERS DISP: ADV ANI: 08/30/02 07:46:40 PRI: 3 COUNCIL: ~: 08/30/02 07:46:54 1511 LTD2 POS: 1 QUA/)RANT: SOC: T USER-l: DSP: 08/30/02 07:47:25 770 LTB2 REC: UP- 79 USER-2: ERT: 08/30/02 07:47:41 RPT: UP- 79 SQ.MILE: ATS: 08/30/02 07:52:59 BEAT: 4 CRIME WATCHI: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS:. HSP: MINI: N VOTER PRECINT: AVL: 08/30/02 07:59:30 CENSUS: WRECKER: CLS: 08/30/02 07:59:32 770 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 2064 CASTILLO UNITS: #2P43 #2P41 #2S7 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP: RA: PH: CT: R/P ADVISING APPROX 20 SUBJECTS AT THE CORNER SOLICITING WORK [07:47:09-SANDERS From 2P43/CASTILLOD - 08/30/02 07:58:18 [07:59:29-REYES] SUBJECTS ADVISED AND ARE LEAVING. [07:59:29-REYES] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 08/30/02 07:47:25 07:47:41 DM 93 338 2P43 08/30/02 07:47:25 - 07:47:54 DM 92 2064 2S7 08/30/02 07:47:25 07:49:16 DM 93 1175 08/30/02 07:47:41 07:53:18 E 97 338 08/30/02 07:47:54 07:52:59 E 97 2064 08/30/02 07:52:59 07:59:30 S 98 2064 2P41 08/30/02 07:53:18 07:59:30 S 98 338 10/16/02 13:10:03 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #8081 10/16/02 13:10:03 SEQ: 8081 Police ** EVENT ** TYPE: LOITER DAYWORKERS DISP: CKS104 ANI: 08/24/02 07:25:02 PRI: 3 COUNCIL: ~ ~: 08/24/02 07:25:38 2095 LTC2 POS: 1 QUADPJ~NT: SOC: T USER-l: ~_F: 08/24/02 07:30:07 770 LTA2 REC: UP- 79 USER-2: ERT: 08/24/02 07:30:20 RPT: UP- 79 SQ.MILE: ATS: 08/24/02 07:35:40 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 08/24/02 07:39:03 CENSUS: WRECKER: CLS: 08/24/02 07:45:12 770 LTA2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: .ASSIGNEE: 338 WILSON UNITS: #2P41 #2P31 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:ANON FEMALE RA: PH: CT: GROUPS OF MALES ON ALL 4 CORNERS [07:25:38-FITCH] From 2P41/WILSONA - 08/24/02 07:38:59 [07:40:47-REYES] NUMEROUS SUBJECTS IN THE AREA. UTL ANY V [07:40:47-REYES] IOLATIONS [07:40:47-REYES] PE: ANON FEMALE - Reporting Party [07:45:12-REYES] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P31 08/24/02 07:30:07 - 07:30:20 DM 93 514 ~41 08/24/02 07:30:07 - 07:30:48 DM 92 338 1 08/24/02 07:30:20 - 07:31:03 E 97 514 08/24/02 07:30:48 07:35:40 E 97 338 2P41 08/24/02 07:35:40 - 07:39:03 S 98 338 10/16/02 13:10:48 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #7569 10/16/02 13:10:48 SEQ: 7569 Police ** EVENT ** TYPE: 415 CKS104 DISP: CKS104 A/qI: 08/22/02 08:01:42 PRI: 2 COLTNCIL: ~: 08/22/02 08:05:31 1652 LTA2 POS: 1 QUADPJ~NT: : SOC: A USER-l: D~P: 08/22/02 08:47:47 368 LTB2 REC: UP- 79 USER-2: ERT: 08/22/02 08:48:25 RPT: UP- 79 SQ.MILE: ATS: 08/22/02 08:56:41 BEAT: 4 CRIME WATCH1: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 08/22/02 09:01:22 CENSUS: WRECKER: CLS: 08/22/02 09:10:25 1652 LTA2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 2080 HERRERA UNITS: #2P41 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:SBSO R_A: PH: CT: REPORT OF 415 DAY LABORERS ON ARROW WEST OF GROVE [08:05:53-HENDRICKS] NFD, 2ND HAND INFO FROM SBSO [08:06:00-HENDRICKS] From:2P41 (HERRERA)-NEGATIVE ON A 415. [09:01:18-CCCAD] Disposition code CKS104 entered (CHECKS 10-4) [09:01:18-CCCAD] PE: SBSO - Reporting Party [09:10:25-HENDRICKS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 08/22/02 08:47:47 08:47:58 DM 92 2080 ~1 08/22/02 08:48:23 - 08:48:25 DM 93 2080 1 08/22/02 08:48:25 - 08:56:41 E 97 2080 ~.41 08/22/02 08:56:41 - 09:01:22 S 98 2080 10/16/02 13:11:37 UPL LTB2 SANDERS INCIDENT ACTIVITY SIYMMARY FOR #6218 10/16/02 13:11:37 SEQ: 6218 Police ** EVENT ** TYPE: SUSPSJ ADV DISP: ADV ANI: 08/16/02 10:42:56 PRI: 2 COUNCIL: 08/16/02 10:44:55 1743 LTB2 POS: 1 QUkDR3kNT: SOC: A USER-l: 08/16/02 10:45:30 1876 LTA2 REC: UP- 79 USER-2: ERT: 08/16/02 10:46:44 RPT: UP- 79 SQ.MILE: ATS: 08/16/02 10:49:19 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'8/16/02 11:08:58 CENSUS: WRECKER: CLS: 08/16/02 11:24:43 1743 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 781 KAC UNITS: #2P42 #2P21 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:TRINA DELGADO RA:PASSERBY PH:PAYPHONE CT: HM AT LOC URINATING IN PUBLIC [10:44:55-RECANOE] RP IN CHEV TK SIL W/WHI CAMPER SHELL [10:44:55-RECANOE] SUSPECT IS APPROX 40YR, WEARING MAR SHIRT, BLK PANTS [10:44:55-RECANOE] BB CAP DARK. [10:44:55-RECANOE] RP CALLING FROM PAYPHONE AT 8114 ARROW HWY [10:45:40-RECANOE] ARR/GROVE -949 3910 [10:45:51-RECANOE] Previous address of' 61 E. ARROW HY. UP [10:51:31-RECANOE] Address of ARROW/CAMPUS/ARROW GROVE MJkRKET LIQ UP not verified prior to update [10:51:31-RECANOE] vious RD of UP-75 changed to UP-0 [10:51:34-RECANOE] NOW ADV POSS AT ARR/GROVE. BEHIND THE bIQ STORE AT ARR/GROVE. [10:59{38~RECA-NOE] Previous RD of UP-0 changed to UP-79 [ll:02:16-HUNTS] Previous address of ARROW/CAMPUS/ARROW GROVE MARKET LIQ UP [ll:02:16-HUNTS] ***CONTACTED RP -JUST WANTED SUBJ ADV. OFC CONTACTED SUBJ [ll:24:40-RECANOE] AND WAS ADV REF URINATING IN PUBLIC. [ll:24:40-RECANOE] PE: TRINA DELGADO - Reporting Party [ll:24:43-RECANOE] PJt: PASSERBY - Reporting Address [ll:24:43-RECANOE] PH: PAYPHONE - Reporting Phone [ll:24:43-RECANOE] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P21 08/16/02 10:45:30 10:46:44 DM 93 1476 2P42 08/16/02 10:45:30 10:59:07 DP 92 781 2P21 08/16/02 10:46:44 10:49:19 E 97 1476 2P21 08/16/02 10:49:19 10:59:07 S 98 1476 2P21 08/16/02 10:59:07 11:07:25 S 98 1476 2P42 08/16/02 10:59:07 11:08:58 S 98 781 10/16/02 13:12:07 UPL LTB2 SANDERS INCIDENT ACTIVITY SIYMMARY FOR #5188 10/16/02 13:12:07 SEQ: 5188 Police ** EVENT ** TYPE: SUBCK ARREST DISP: ARR ANI: .08/12/02 16:59:00 PRI: 3 COUNCIL: ~-C: 08/12/02 16:59:00 2095 LTA2 POS: 1 QU~kDRANT: : SOC: F USER-l: ~_~: 08/12/02 16:59:00 2095 LTA2 REC: UP- 79 USER-2: ERT: 08/12/02 16:59:00 RPT: UP- 79 SQ.MILE: ATS: 08/12/02 16:59:00 BEAT: 4 CRIME WATCHI: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 08/12/02 18:18:16 CENSUS: WRECKER: CLS: 08/12/02 18:25:17 1876 LTC2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 2094 LAYNE UNITS: #2P45 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP: EA: PH: CT: For SUBCK @ ARROW /GROVE by 2P45 [16:59:01-FITCH] Previous RD of UP- changed to UP-79 [16:59:06-FITCH] WMA GRN SHIRT ON ARROW E/O GROVE [16:59:16-FITCH] CDL A9199020 WALVOORD [17:00:43-FITCH] ONE IN CUST (Unit:2P45) [17:06:10-MCNAMARA] 10-15/1 10-19 (Unit:2P45) [17:08:55-MCNAMARA] 10-81 W/1 (Unit:2P45) [17:22:01-MCNAM3kRA] CASE: #02224026 P-UP UPL [17:26:27-MCNAMARA] ~RESTEE: WALVOORD VINCENT JOHN 031173 [18~:24:50-HUNTS] ' HS 11364, RELEASED FROM STATION [18:25:13-HUNTS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P45 08/12/02 16:59:01 - 17:08:58 OV 86 2094 ARROW/GROVE 2P45 08/12/02 17:08:58 - 17:21:56 E 97 2094 10-15/1 10-19 2P45 08/12/02 17:21:56 - 18:18:16 S 98 2094 81 W/1 10/16/02 13:12:49 UPL LTB2 SAIqDERS INCIDENT ACTIVITY SU~L~RY FOR ~ 598 10/16/02 13:12:49 SEQ: 598 Police ** EVENT ** TYPE: LOITER CHECKS 10-4 DISP: CKS104 ~NI: 07/24/02 07:51:11 PRI: 3 COLrNCIL: ~: 07/24/02 07:51:29 1511 LTA2 POS: 1 QUADR~d%Vf: SOC: T USER-l: 07/24/02 07:59:34 1511 LTA2 REC: UP- 79 USER-2: ERT: 07/24/02 07:59:55 RPT: UP- 79 SQ.MILE: ATS: 07/24/02 08:01:59 BEAT: 4 CRIME WATCHi: TRI: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 07/24/02 08:04:23 CENSUS: WRECKER: CLS: 07/24/02 08:04:57 1511 LTA2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 317 LATIMER UNITS: #2P42 #2P41 #2S7 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP: EA: PH: CT: 20 SUBJECTS AT THE LOCATION, LOITERING AND WAITING FOR WORK [07:56:43-SANDERS From 2P42/LATIMER - 07/24/02 08:04:19 [08:04:48-SANDERS] NO VIOLATIONS, CKS 10-4. [08:04:48-SANDERS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P42 07/24/02 07:59:34 07:59:55 DM 92 317 2P41 07/24/02 07:59:34 08:00:19 DM 93 80 2S7 07/24/02 07:59:40 08:00:16 DM 93 1175 07/24/02 07:59:55 08:01:59 E 97 317 2 07/24/02 08:01:59 08:04:23 S 98 317 10/16/02 13:09:39 UPL LTB2 SAIgDERS INCIDENT ACTIVITY SUMMARY FOR ~2176 10/16/02 13:09:39 SEQ: 2176 Police ** EVENT ** TYPE: SUBCK SUBJECT CHECK DISP: AST ANI: 09/10/02 09:47:24 PRI: 3 COUNCIL: ~: 09/10/02 09:47:24 368 LTB2 POS: 1 QUADRANT: SOC: F USER-l: moP: 09/10/02 09:47:24 368 LTB2 REC: UP- 79 USER-2: ERT: 09/10/02 09:47:24 RPT: UP- 79 SQ.MILE: ATS: 09/10/02 09:47:24 BEAT: 4 CRIME WATCHi: TRI: #P~RS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 09/10/02 09:56:43 CENSUS: WRECKER: CLS: 09/10/02 09:58:43 368 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP: EA: PH: CT: For SUBCK @ GRV N OF ARR by 2P41 [09:47:24-SELLERSC] Previous RD of UP- changed to UP-79 [09:52:lT-SELLERSC] CASE: #02253010 P-UP UPL [09:52:34-SELLERSC] ARRESTEE: ZACHARIAS, TOMAS MIGUBL, 6-30-52. [09:52:56-SELLERSC] CODE 32 CONTROL FOR FTA/UMC 4250.2.01. [09:53:18-SELLERSC] BAIL $7500.00 [09:53:30-SELLERSC] "OI" AT 09/10/02 09:57 BY 368, PREVIOUS DISPOSITION CODE AST [09:57:37-SELLERSC] ~**CANCEL CASE, SUBJECT WAS NOT ZACHARIAS AFTER ALL. [09:58:10-SELLERSC] PJtNT RE-ISSUED BY CONTROL. [09:58:37-SELLERSC] 'CO" AFTER "OI" AT 09/10/02 09:58, PREV 09/10/02 09:57 [09:58:43-SELLERSC] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 09/10/02 09:47:24 09:56:43 OV 86 80 GRV N OF ARR 10/16/02 13:11:03 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMb5%RY FOR #7556 10/16/02 13:11:03 SEQ: 7556 Police ** EVENT ** TYPE: LOITER DAY WORKERS DISP: CKS104 ~LNI: 08/22/02 07:30:21 PRI: 3 COUNCIL: ~: 08/22/02 07:30:31 1652 LTA2 POS: 1 QUA]DP_ANT: SOC: T USER-l: DSP: 08/22/02 07:33:11 368 LTB2 REC: UP- 79 USER-2: ERT: 08/22/02 07:33:25 RPT: UP- 79 SQ.MILE: ATS: 08/22/02 07:37:57 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 08/22/02 07:42:34 CENSUS: WRECKER: CLS: 08/22/02 07:45:33 368 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 2080 HERRERA UNITS: #2P41 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:ANON FEMALE RA: PH: CT: RP REPORTING APPROX 20 DAY WORKERS ARE LOITERING ON ALL [07:31:36-HENDRICKS] CORNERS [07:31:36-HENDRICKS] From:2P41 (HERREP~A)-SEVERAL SUBJ ALSO ON THE RANCHO SIDE. [07:42:24-CCCAD] Disposition code CKS104 entered (CHECKS 10-4) [07:42:24-CCCAD] PE: ANON FEMALE - Reporting Party [07:45:33-SELLERSC] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 08/22/02 07:33:11 - 07:33:25 DM 92 2080 08/22/02 07:33:25 - 07:37:57 E 97 2080 1 08/22/02 07:37:57 - 07:42:34 S 98 2080 10/1~/02 13:13:30 UPL LTB2 SANDERS INCIDENT ACTIVITY SLvMMARY FOR #9721 10/16/02 13:13:30 SEQ: 9721 Police ** EVENT ** TYPE: SOLICT CANCEL DISP: CANCEL ANI: 07/20/02 07:18:59 PRI: 3 COUNCIL: ~-~: 07/20/02 07:19:15 1630 LTA2 POS: 1 QUADR3~NT: SOC: T USER-l: ~__: 07/'20/02 07:23:15 1515 LTB2 REC: UP- 79 USER-2: ERT: RPT: UP- 79 SQ.MILE: ATS: BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0J/20/02 07:23:58 CENSUS: WRECKER: CLS: 07/20/02 07:24:20 1515 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 781 KAC UNITS: #2P42 AD: E. ARROW HY. /N0 GROVE AV0 PREM: B RP: RA: PH: CT: DAY WORKERS ON THE CORNER [07:lg:28-NUTTE] CANCEL [07:24:02-NUTTE] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P42 07/20/02 07:23:15 - 07:23:58 DM 92 781 10/16/02 13:14:06 UPL LTB2 SA2JDERS INCIDENT ACTIVITY S~Y FOR #7174 10/16/02 13:14:06 SEQ: 7174 Police ** EVENT ** TYPE: SOLICT CHECKS 10-4 DISP: CKS104 AlqI: 07/10/02 07:25:52 PRI: 3 COUNCIL: m~: 07/10/02 07:25:57 1652 LTA2 POS: 1 QUADRANT: SOC: T USER-l: ~_~: 07/10/02 07:28:08 1511 LTB2 REC: UP- 79 USER-2: ERT: 07/10/02 07:28:34 RPT: UP- 79 SQ.MILE: ATS: 07/10/02 07:28:51 BEAT: 4 CRIME WATCHi: TRI: #PERS: 'MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'7/10/02 07:31:16 CENSUS: WRECKER: CLS: 07/10/02 07:49:21 1511 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 #2P42 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:~/qON FEMALE P~A: PH: CT: RP UPSET ABOUT 20-25 DAY WORKERS AT THE CORNER, SAYS THEY [07:26:'26-HENDRICKS] A_RE ON ALL CORNERS [07:26:26-HENDRICKS] From:2P41 (BARTOSIK)-UTL A_NY VIOLATIONS [07:31:10-CCCAD] Disposition code CKS104 entered (CHECKS 10-4) [07:31:10-CCCAD] PE: A/qON FEMALE Reporting Party [07:49:21-SA/qDERS] b-NIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P42 07/10/02 07:28:08 07:28:30 DM 93 317 2D41 07/10/02 07:28:08 07:28:34 DM 92 80 1 07/10/02 07:28:34 07:28:51 E 97 80 .1 07/1.0/02 07:28:51 07:31:16 S 98 80 10/16/02 13:15:58 UPL LTB2 SIYN-DERS INCIDENT ACTIVITY SLYMMARY FOR #4529 10/16/02 13:15:58 SEQ: 4529 Police ** EVENT ** TYPE: LOITER LOITER/UTL DISP: UTL D/qI: 06/29/02 07:38:28 PRI: 3 COUNCIL: '-~: 06/29/02 07:38:46 370 LTA2 POS: 1 QUADRAlqT: : SOC: T USER-l: ~P: 06/29/02 07:52:58 770 LTB2 REC: UP- 79 USER-2: ERT: 06/29/02 07:53:25 RPT: UP- 79 SQ.MILE: ATS: 06/29/02 07:55:18 BEAT: 4 CRIME WATCNi: TRI: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0~/29/02 08:01:42 CENSUS: WRECKER: CLS: 06/29/02 08:02:08 370 LTA2 COUNTY: ZTR: .RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 338 WILSON U~NITS: #2P41 #2P31 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:AlqONYMOUS P~A: PH: CT: 10-20 DAY WORKERS LOITERING [07:38:46-MCNAMARA] From 2P41/WILSONA - 06/29/02 08:01:13 [08:01:25-MCNAMA/{A] 98. UTL A_NY VIOLATION [08:01:25-MCN~J~JLP~A] PE: ANONYMOUS Reporting Party [08:02:08-MCNAMARA] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 06/29/02 07:52:58 - 07:53:25 DM 92 338 2P31 06/29/02 07:52:58 07:56:29 DM 93 781 ~41 06/29/02 07:53:25 - 07:55:18 E 97 338 1 06/29/02 07:55:18 - 08:01:42 S 98 338 06/29/02 07:56:29 - 07:56:53 E 97 781 2P31 06/29/02 07:56:53 - 08:01:16 S 98 781 10/16/02 13:16:09 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMM3LRY FOR #4490 10/16/02 13:16:09 SEQ: 4490 Police ** EVENT ** TYPE: LOITER TRANSIENTS DISP: AST ANI: 06/29/02 00:36:06 PRI: 3 COUNCIL: ~G: 06/29/02 00:36:16 1630 LTB2 POS: 1 QUADR3~NT: SOC: T USER-I: _ ~P: 06/29/02 00:36:36 1630 LTB2 REC: UP- 79 USER-2: ERT: 06/29/02 00:37:56 RPT: UP- 79 SQ.MILE: ATS: 06/29/02 00:40:12 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'6/29/02 00:49:16 CENSUS: WRECKER: CLS: 06/29/02 00:58:47 1630 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 2007 CAIN I/NITS: #2P31 #2P42 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:LAIRD RA: PH: CT: SW CORNER [00:36:21-NUTTE] PE: LAIRD - Reporting Party [00:58:47-N--JTTE] I/NIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P31 06/29/02 00:36:36 00:37:56 DM 92 2007 2P42 06/29/02 00:36:36 - 00:38:05 DM 93 2009 2P31 06/29/02 00:37:56 - 00:49:09 E 97 2007 2P42 06/29/02 00:38:05 - 00:40:12 E 97 2009 ~42 06/29/02 00:40:12 - 00:49:16 S 98 2009 '10/16/02 13:16:20 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #3746 10/16/02 13:16:20 SEQ: 3746 Police ** EVENT ** TYPE: LOITER UTL DISP: UTL ANI: 06/26/02 09:44:52 PRI: 3 COUNCIL: r ~: 06/26/02 09:46:29 1652 LTA2 POS: 1 QUADRANT: SOC: T USER-i: ~: 06/26/02 09:47:58 1822 ' LTB2 REC: UP- 79 USER-2: ERT: 06/26/02 09:48:17 RPT: UP- 79 SQ.MILE: ATS: 06/26/02 09:49:52 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'6/26/02 09:52:06 CENSUS: WRECKER: CLS: 06/26/02 09:53:32 1822 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOStK UNITS: #2P41 #2P22 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:REFUSED RA: PH: CT: 25 DAYWORKERS ON ALL CORNERS, RP SAYS SHE CALLS EVERYDAY [09:46:29-HENDRICKS] ABOUT THE PROBLEM AND WOULD LIKE SOMETHING DONE [09:46:38-HENDRICKS] From:2P41 (BARTOSIK)-NO VIOLATIONS OBSED. [09:51:56-CCCAD] Disposition code UTL'entered (UNABLE TO LOC) [09:51:56-CCCAD] PE: REFUSED - Reporting Party [09:53:32-A/qRENS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P22 06/26/02 09:47:58 09:48:17 DM 93 512 06/26/02 09:47:58 09:48:22 DM 92 80 2 06/26/02 09:48:17 09:48:30 E 97 512 _1 06/26/02 09:48:22 09:49:52 E 97 80 2P41 06/26/02 09:49:52 09:52:06 S 98 80 10/16/02 13:17:18 UPL LTB2 SA/qDERS INCIDEITT ACTIVITY SUq~V~%RY FOR #3746 10/16/02 13:17:18 SEQ: 3746 Police ** EVENT ** TYPE: LOITER UTL DISP: UTL ANI: 06/26/02 09:44:52 PRI: 3 COUNCIL: ~ ~: 06/26/02 09:46:29 1652 LTA2 POS: 1 QUADRANT: : SOC: T USER-l: m~: 06/26/02 09:47:58 1822 LTB2 REC: UP- 79 USER-2: ERT: 06/26/02 09:48:17 RPT: UP- 79 SQ.MILE: ATS: 06/26/02 09:49:52 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 06/26/02 09:52:06 CENSUS: WRECKER: CLS: 06/26/02 09:53:32 1822 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 #2P22 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:REFUSED RA: PH: CT: 25 DAYWORKERS ON ALL CORNERS, RP SAYS SHE CALLS EVERYDAY [09:46:29-HENDRICKS] ABOUT THE PROBLEM AND WOULD LIKE SOMETHING DONE [09:46:38-HENDRICKS] From:2P41 (BARTOSIK)-NO VIOLATIONS OBSED. [09:51:56-CCCAD] Disposition code UTL entered (UNABLE TO LOC) [09:51:56-CCCAD] PE: REFUSED - Reporting Party [09:53:32-ARRENS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P22 06/26/02 09:47:58 - 09:48:17 DM 93 512 ~41 06/26/02 09:47:58 09:48:22 DM 92 80 2 06/26/02 09:48:17 - 09:48:30 E 97 512 · 1 06/26/02 09:48:22 09 49:52 E 97 80 2P41 06/26/02 09:49:52 09 52:06 S 98 80 10/1~/02 13:17:22 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #3746 10/16/02 13:17:22 SEQ: 3746 Police ** EVENT ** TYPE: LOITER UTL DISP: UTL ANI: 06/26/02 09:44:52 PRI: 3 COUNCIL: r ~: 06/26/02 09:46:29 1652 LTA2 POS: 1 QUADRANT: SOC: T USER-l: 06/26/02 09:47:58 1822 LTB2 REC: UP- 79 USER-2: ERT: 06/26/02 09:48:17 RPT: UP- 79 SQ.MILE: ATS: 06/26/02 09:49:52 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: ~6/26/02 09:52:06 CENSUS: WRECKER: CLS: 06/26/02 09:53:32 1822 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK L~NITS: #2P41 #2P22 AD: E. kRROW HY. /N. GROVE AV. PREM: B RP:REFUSED RA: PH: CT: 25 DAYWORKERS ON ALL CORNERS, RP SAYS SHE CALLS EVERYDAY [09:46:29-HENDRICKS] ABOUT THE PROBLEM AND WOULD LIKE SOMETHING DONE [09:46:38-HENDRICKS] From:2P41 (BARTOSIK)-NO VIOLATIONS OBSED. [09:51:56-CCCAD] Disposition code UTL entered (UNABLE TO LOC) [09:51:56-CCCAD] PE: REFUSED - Reporting Party [09:53:3~-A_HRENS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P22 06/26/02 09:47:58 - 09:48:17 DM 93 512 06/26/02 09:47:58 - 09:48:22 DM 92 80 2 06/26/02 09:48:17 - 09:48:30 E 97 512 06/26/02 09:48:22 09:49:52 E 97 80 2P41 06/26/02 09:49:52 - 09:52:06 S 98 80 10/16/02 13:21:48 UPL LTB2 SAAIDERS INCIDENT ACTIVITY S~Y FOR #1126 10/16/02 13:21:48 SEQ: 1126 Police ** EVENT ** TYPE: SUSPSJ SUSP SUBJ DISP: UTL ANI: 06/14/02 16:20:56 PRI: 2 COUNCIL: r 7. 06/14/02 16:21:16 770 LTB2 POS: 1 QUADR3INT: SOC: T USER-l: 06/14/02 16:25:21 375 LTC2 REC: UP- 79 USER-2: ERT: 06/14/02 16:25:39 RPT: UP- 79 SQ.MILE: ATS: 06/14/02 16:31:48 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 06/14/02 16:35:24 CENSUS: WRECKER: CLS: 06/14/02 16:35:27 375 LTC2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 1520 CHANI UNITS: #2P22 #2S3 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:CINDY CRESS RA:8337 VIA CARRILLO, RANCH PH:920-6454 CT: 1 SUBJ URINATING IN THE STREET [16:21:16-REYES] CORRECTION: AGAINST THE FENCE [16:21:36~REYES] RP DOES NOT HAVE DESCRIPTION [16:22:23-REYES] From:2P22 (CHANI)-UTL ANYONE URINATING [16:34:02-CCCAD] Disposition code UTL entered (UNABLE TO LOC) [16:34:02-CCCAD] PE: CINDY CRESS - Reporting Party [16:35:27-GOODWIN] RA: 8337 VIA CARRILLO, R3kNCH - Reporting Address [16:35:27-GOODWIN] PH: 920-6454 (000) - Reporting Phone [16:35:27-GOODWIN] START TIME END TIME ST SS ASSIGNEE1 COMMENTS _2 06/14/02 16:25:21 - 16:25:39 DM 92 1520 2S3 06/14/02 16:25:21 - 16:35:24 DM 93 97 2P22 06/14/02 16:25:39 - 16:31:48 E 97 1520 2P22 06/14/02 16:31:48 - 16:35:24 S 98 1520 10/16/02 13:21:59 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMM3%RY FOR # 99 10/16/02 13:21:59 SEQ: 99 Police ** EVENT ** TYPE: LOITER CKS 10-4 DISP: CKS104 ANI: 06/10/02 09:51:54 PRI: 3 COUNCIL: -~G: 06/10/02 09:52:07 370 LTA2 POS: 1 QUADR3NNT: SOC: T USER-l: -~P: 06/10/02 09:53:35 770 LTB2 REC: UP- 79 USER-2: ERT: 06/10/02 09:53:48 RPT: UP- 79 SQ.MILE: ATS: 06/10/02 09:57:35 BEAT: 4 CRIME WATCHi: TRt: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 66/10/02 10:01:27 CENSUS: WRECKER: CLS: 06/10/02 10:04:11 770 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 #2P22 #2S4 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:ANONYMOUS P~A: PH: CT: SEVER3~L sUBjs LOITERING FOR DAY JOBS. [09:53:07-MCNAMAP3N] From:2P41 (BARTOSIK)-UTL ANY PROBLEM [10:01:iS-CCCAD] Disposition code CKSl04 entered (CHECKS 10-4) [10:01:18-CCCAD] PE: ANONYMOUS Reporting Party [10:04:ll-REYES] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 06/10/02 09:53:34 09:53:58 DM 92 80 2S4 06/10/02 09:53:35 09:53:37 DM 93 94 06/10/02 09:53:35 09:53:48 DM 93 512 2 06/10/02 09:53:48 09:54:01 E 97 512 06/10/02 09:53:58 09:57:35 E 97 80 2P41 06/10/02 09:57:35 10:01:27 S 98 80 10/16/02 13:22:19 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMM3tRY FOR #8073 10/16/02 13:22:19 SEQ: 8073 Police ** EVENT ** TYPE: LOITER CKS 10-4 DISP: CKS104 ANI: 06/01/02 07:38:40 PRI: 3 COUNCIL: ~--~: 06/01/02 07:39:01 370 LTA2 POS: 1 QUADRANT: SOC: T USER-l: ~_~: 06/01/02 07:39:18 770 LTB2 REC: UP- 79 USER~2: ERT: 06/01/02 07:40:02 RPT: UP- 79 SQ.MILE: ATS: 06/01/02 07:40:03 BEAT: 4 CRIME WATCHi: TRI: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'6/01/02 07:50:35 CENSUS: WRECKER: CLS: 06/01/02 07:59:47 770 LTB2 ' COUlqTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 781 KAC UNITS: #2P31 #2P42 #2S3 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:ANONYMOUS RA: PH: CT: 30 DAY WORKERS LOITERING ON BOTH SIDES OF THE STREET. [07:39:01-MCNAMARA] ***CKS 10-4 [07:51:15-REYES] PE: ANONYMOUS - Reporting Party [07:51:iT-REYES] - "OI" AT 06/01/02 07:59 BY 770, PREVIOUS DISPOSITION CODE CKS104 [07:59:43-REYES] From 2P31/KAC 06/01/02 07:59:33 [07:59:46-REYES] CKS 10-4 SUBJ'S ~kREN'T BREAKING DJqY LAWS [07:59:46-REYES] ~ "CO" AFTER "OI" AT 06/01/02 07:59, PREV 06/01/02 07:51 [07:59:47-REYES] T START TIME END TIME ST SS ASSIGNEE1 COMMENTS 1 06/01/02 07:39:18 - 07:40:02 DM 93 781 2P42 06/01/02 07:39:18 - 07:40:09 DM 92 626 2S3 06/01/02 07:39:18 - 07:40:10 DM 93 97 2P31 06/01/02 07:40:02 - 07:40:03 E 97 781 2P31 06/01/02 07:40:03 - 07:43:10 S 98 781 2P31 06/01/02 07:50:33 - 07:50:35 DM 93 781 10/16/02 13:23:28 UPL LTB2 SANDERS INCIDEITT ACTIVITY S~Y FOR #6904 10/16/02 13:23:28 SEQ: 6904 Police ** EVENT ** TYPE: SUBCK 4 SUBJS DISP: CKSl04 ANI: 05/27/02 12:20:39 PRI: 3 COUNCIL: ~-~: 05/27/02 12:20:39 370 LTA2 POS: 1 QUADR_ANT: : SOC: F USER-l: m_F: 05/27/02 12:20:39 370 LTA2 REC: UP- 79 USER-2: ERT: 05/27/02 12:20:39 RPT: UP- 79 SQ.MILE: ATS: 05/27/02 12:20:39 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'5/27/02 12:22:38 CENSUS: WRECKER: CLS: 05/27/02 12:24:57 370 LTA2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK I/NITS: #2P41 ~kD: E. ARROW HY. /N. GROVE AV. PREM: B RP: R3t: PH: CT: For SUBCK @ ARROW /GROVE by 2P41 [12:20:39-MCNAMARA] Previous RD of UP- changed to UP-79 [12:21:30-MCNAMARA] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 05/27/02 12:20:39 12:22:38 OV 86 80 ARROW/GROVE 10/16/02 13:23:44 UPL LTB2 SAi~-DERS INCIDENT ACTIVITY SUMMARY FOR #5463 10/16/02 13:23:44 SEQ: 5463 Police ** EVENT ** TYPE: SUBCK WARRANT ARREST DISP: ARR ANI: 05/21/02 11:56:47 PRI: 3 COUNCIL: 05/21/02 11:56:47 370 LTD2 POS: 1 QU~.DP3~NT: SOC: F USER-l: 05/21/02 11:56:47 370 LTD2 REC: UP- 79 USER-2: ERT: 05/21/02 ~1:56:47 RPT: UP-~ 79 SQ.MILE: ATS: 05/21/02 11:56:47 BEAT: 4 CRIME WATCHI: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: -' AVL: 65/21/02 13:27:00 CENSUS: WRECKER: CLS: 05/21/02 13:28:31 370 LTD2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: .ASSIGNEE: 80 BARTOSIK UNITS: #2P41 #2P42~ AD: E. ARRow HY. /N. GROVE AV. PREM: B RP: RA: PH: CT: For SUBCK @ ARROW /GROVE by 2P41 [ll:56:47-MCN~uWuARA] HM (Unit:2P41) [ll:56:48-MCNAM3~RA] Previous RD of UP- changed 'to UP-79 [12:05:53-MCNAMARA] CASE: #02141014 P-UP UPL [12:07:58-MCNAM~LRA] ***** ARRESTEE: GARCIA, RUBEN AMARO, 11-29-65, FOR WARR3%NT THRU SBSO: [12:10:lg-MCN~d~RA] FOR PC647. (F), BAIL $ 430.00. [12:10:lg-MCNA/~ARA] From 2P41/BARTOSIK - 05/21/02 12:12:46 [12:15:02-MCNAMAEA] ~T~ CITED UMC4250.2.01 [12:15:02-MCND~vLARA] 97 WA;DC (Unit:2P41) [12:24:49-MCNA/~AP~A] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 05/21/02 11:56:47 - 12:12:00 OV 86 80 ARROW/GROVE 2P42 05/21/02 12:04:12 12:06:31 DM 93 317 2P42 05/21/02 12:06:31 12:08:48 E 97 317 2P42 05/21/02 12:08:48 12:11:53 S 98 317 2P41 05/21/02 12:12:00 12:24:38 E 97 80 @10-15 W/1 W~v-DC 2P41 05/21/02 12:24:38 13:27:00 S 98 80 @10-15 W/1 WVDC 10/16/02 13:27:19 UPL LTB2 SANDERS INCIDENT ACTIVITY SU~5~RY FOR #3275 10/16/02 13:27:19 SEQ: 3275 Police ** EVENT ** TYPE: 415 AREA QUIET DISP: UTL 05/12/02 10:53:55 PRI: 2 COUNCIL: 05/12/02 10:54:09 370 LTD2 POS: 1 QUADR3LNT:~ SOC: A USER-i: DSP: 05/12/02 10:54:31 770 LTB2 REC: UP- 79 USER-2: ERT:~ 05/12/02 10:54:33 RPT: UP- 79 SQ.MILE: ATS: 05/12/02 10:55:25 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 05/12/02 10:56:49 CENSUS: WRECKER: CLS: 05/12/02 10:56:52 770 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 626 GUTIERREZ UNITS: #2P42 #2P41 #2P31 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:R F WHITE CO. INC. P~A:1401 E. ARROW HY. PH: (909) 982-8954 CT: SUBJ IN WHI PK W/RACK ON IT. ABOUT 5-6 MM'S FIGHTING, 20-30 YRS. [10:54:30-MCNAMARA] NO WEAPONS SEEN ON IT. [10:54:44-MCNAMARA] RP THINKS THE SUBJ IN PK DROPPED THE SUBJS OFF. HE IS ALSO INV [10:54:59-MCNAMARA] IN THE FIGHT. [10:55:03-MCNAMARA] ****AREA QUIET [10:56:40-REYES] PE: R F WHITE CO. INC. - Reporting Party [10:56:52-REYES] 1401 E. ARROW HY. - Reporting Address [10:56:52-REYES] 982-8954 (909) - Reporting Phone [10:56:52-REYES] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41. 05/12/02 10:54:31 - 10:54:33 DM 92 338 2P42 05/12/02 10:54:31 - 10:54:33 DP 93 626 2P42 05/12/02 10:54:33 - 10:55:25 E 97 626 2P41 05/12/02 10:54:33 - 10:56:31 E 97 338 2P31 05/12/02 10:55:21 - 10:55:22 DM 93 781 2P31 05/12/02 10:55:22 - 10:56:49 E 97 781 2P42 05/12/02 10:55:25 - 10:56:49 S 98 626 10/16/02 13:27:24 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMSULRY FOR #1284 10/16/02 13:27:24 SEQ: 1284 Police ** EVENT ** TYPE: MANDWN H.B.D. SUBJECT DISP: AST ANI: 05/03/02 17:30~45 PRI: 1 COUNCIL: 05/03/02 17:32:01 368 LTA2 POS: 1 QUADRANT: SOC: T USER-l: 05/03/02 17:33:24 375 LTC2 REC: UP- 79 USER-2: ERT: 05/03/02 17:33:44 RPT: UP- 79 SQ.MILE: ATS: 05/03/02 17:36:45 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0~/03/02 18:09:06 CENSUS: WRECKER: CLS: 05/03/02 18:09:08 375 LTC2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 338 WILSON UNITS: #2P41 #2P22 #2S6 #2K91 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:ANON RA: PH: CT: MAN LAYING ON THE WEST SIDE OF THE STREET NEAR BUS STOP [17:32:26-SELLERSC] SOUTH OF ARROW. [17:32:30-SELLERSC] OUT WITH HIM -- BUS STOP SOUTH OF SAN BERDO (Unit:2Kgl) [17:37:10-GOODWIN] JOH/FN-Y WARREN HAAGER, DOB/3-29-50 [17:44:10-GOODWIN] ROLL A CAB (Unit:2P41) [17:46:39-GOODWIN] YELLOW CAB ENROUTE (Unit:2P41) [17:47:01-GOODWIN] From 2P41/WILSONA - 05/03/02 18:08:55 [18:09:01-GOODWIN] SUBJ WAS HBD AND TAKEN HOME BY YELLOW CA [18:09:01-GOODWIN] B [18:09:01-GOODWIN] ANON - Reporting Party [18:09:08-GOODWIN] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P22 05/03/02 17:33:24 - 17:33:44 DM 93 1520 2S6 05/03/02 17:33:24 - 17:34:29 DM 93 103 2P41 05/03/02 17:33:24 - 17:35:11 DM 92 338 2P22 05/03/02 17:33:44 - 17:35:16 E 97 1520 2K91 05/03/02 17:35:11 - 17:36:24 DM 93 944 2P41 05/03/02 17:35:11 - 17:36:55 E 97 338 2K91 05/03/02 17:36:24 - 17:36:45 E 97 944 2K91 05/03/02 17:36:45 - 18:08:31 S 98 944 2P41 05/03/02 17:36:55 - 18:09:06 S 98 338 2S6 05/03/02 17:40:57 - 17:40:59 DM 93 103 2S6 05/03/02 17:40:59 - 18:08:12 S 98 103 10/16/02 13:27:49 UPL 'LTB2 SANDERS INCIDEN~f ACTIVITY SUM~4ARY FOR # 987 10/16/02 13:27:49 SEQ: 987 Police ** EVENT ** TYPE: 415 DISTURBANCE DISP: UTL ANI: 05/02/02 11:17:35 PRI: 2 COUNCIL: 05/02/02 11:17:42 1652 LTA2 POS: 1 QUADRANT: SOC: T USER-l: 05/02/02 11:18:39 368 LTB2 REC: UP- 79 USER-2: ERT: 05/02/02 11:18:51 RPT: UP- 79 SQ.MILE: ATS: 05/02/02 11:20:40 BEAT: 4 CRIME WATCHi: TRI: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 05/02/02 11:28:37 CENSUS: WRECKER: CLS: 05/02/02 11:29:22 368 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 1921 GARCIA UNITS: #2P41 #2P21 #2P22 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:ANNE TRUDEL RA: PH:702-0596 CT: 2 HM'S 415 VERBAL, ONE WITH A BASEBALL BAT [ll:17:57-HENDRICKS] SUBJ ARE 415 VERBAL SHOUTING AT EACH OTHER FROM [ll:18:09-HENDRICKS] ACROSS THE STREET, SUBJ WITH THE BAT WAS ON THE NE [ll:18:22-HENDRICKS] CORNER, OTHER SUBJ ON THE NW CORNER [ll:18:32-HENDRICKS] SUBJ WITH BAT WEARING GRY SWEATSHIRT HAS SHAVED HEAD [ll:18:46-HENDRICKS] BAT WAS RED METAL [ll:18:56-HENDRICKS] OTHER SUBJ WAS TALLER, ABOUT 6-00, DRK HAIR, DRK BLUE [ll:lg:ll-HENDRICKS] TSHIRT [ll:19:15-HENDRICKS] ~R THE R/P SUBJECTS LEFT EB ON ARR (Unit:2P41) [ll:22:29-SELLERSC] O ADVISING THEY HAVE A CALL AT ARROW/VINEYARD ADVISING [ll:23:55-SANDERS ~E CIRCS. THEY HAVE A b-NIT IN THE AREA CHECKING. [ll:23:55-SANDERS *****UTL IN AN AREA CHECK. [ll:29:lS-SELLERSC] PE: A/FNE TRUDEL Reporting Party [ll:29:22-SELLERSC] PH: 702-0596 (000) Reporting Phone [ll:29:22-SELLERSC] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 05/02/02 11:18:39 11:18:51 DM 92 1921 2P21 05/02/02 11:18:39 11:19:02 DM 93 1964 2P22 05/02/02 11:18:39 11:20:51 DM 93 1529 2P41 05/02/02 11:18:51 11:20:40 E 97 1921 2P21 05/02/02 11:19:02 11:25:26 E 97 1964 2P41 05/02/02 11:20:40 11:25:34 S 98 1921 2P22 05/02/02 11:20:51 11:25:42 E 97 1529 2P41 05/02/02 11:25:34 - 11:28:37 S 98 1921 VINEYARD/ARR 2P22 05/02/02 11:25:42 - 11:28:37 S 98 1529 10/16/02 13:12:30 UPL LTB2 SANDERS INCIDENT ACTIVITY SLrMM3%Ry FOR #3027 10/16/02 13:12:30 SEQ: 3027 Police ** EVENT ** TYPE: SUBCK SUBJECT CHECK DISP: CKS104 ANI: 08/03/02 13:38:15 PRI: 3 COUNCIL: ~G: 08/03/02 13:38:15 1876 LTB2 POS: 1 QUADP~ANT: SOC: F USER-l: ~: 08/03/02 13:38:15 1876 LTB2 REC: UP- 79 USER-2: ERT: 08/03/02 13:38:15 RPT: UP- 79 SQ.MILE: ATS: 08/03/02 13:38:15 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0~/03/02 13:42:09 CENSUS: WREC}CER: CLS: 08/03/02 13:49:21 1876 LTB2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 1323 TEAGUE UNITS: #2P31 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP: RA: PH: CT: BIKE STOP For SUBCK @ GRO /ARROW by 2P31 [13:38:15-HUNTS] Previous RD of UP- changed to UP-79 [13:38:lg-HUNTS] ESTES RANDY D~LE 022369 [13:40:33-HI/NTS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P31 08/03/02 13:38:15 13:42:09 OV 86 1323 BIKE STOP 10/16/02 13:27:58 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMM3~RY FOR #7400 10/16/02 13:27:58 SEQ: 7400 Police ** EVENT ** TYPE: SUBCK PC647F ARREST DISP: ARR A/~I: 04/16/02 12:46:38 PRI: 3 COUNCIL: ~-~: 04/16/02 12:46:38 1821 LTB2 POS: 1 QUADRANT: SOC: F USER-l: ~-F: 04/16/02 12:46:38 1821 LTB2 REC: UP- 79 USER-2: ERT: 04/16/02 12:46:38 RPT: UP- 79 SQ.MILE: ATS: 04/16/02 12:46:38' BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'4/16/02 14:26:03 CENSUS: WRECKER: CLS: 04/16/02 14:26:07 770 LTA2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 #2M4 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP:OFC BARTOSIK RA:OFC PRAXMARER PH: CT: For SUBCK @ AR /GR by 2P41 [12:46:38-REC;~NO] Previous RD of UP- changed to UP-79 [12:46:44-RECANO] SUBJ PASSED OUT [12:46:51-RECA/~O] VILLA NDEVA EDUARDO 111267 [12:52:21-RECANO] ,ONE IN CUST (Unit:2M4) [12:54:12-RECANO] CASE: #02106023 P-UP UPL [12:55:41-RECANO] From:2P41 (BARTOSIK)-VILLANUEVA-REYES EDUARDO 11-12-67 [14:25:54-SYSTEM] Disposition code ARR entered (ARREST) [14:25:54-SYSTEM] P~: OFC BARTOSIK Reporting Party [14:26:07-REYES] OFC PR3~XMARER Reporting Address [14:26:07-REYES] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 04/16/02 12:46:38 12:56:14 OV 86 80 AR/GR 2M4 04/16/02 12:47:08 12:47:13 DP 93 887 2M4 04/16/02 12:47:13 12:52:51 E 97 887 2M4 04/16/02 12:52:51 12:58:14 S 98 887 2P41 04/16/02 12:56:14 13:10:04 E 97 80 10-15 W/1 TO WVDC 2P41 04/16/02 13:10:04 14:13:31 S 98 80 10-15 W/1 TO W-vqDC 2P41 04/16/02 14:13:31 14:26:03 S 98 80 MDT LOGON 10/16/02 13:28:05 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #6518 10/16~02 13:28:05 SEQ: 6518 Police ** EVENT ** TYPE: 647F INFORMANT ADV DISP: ADV ANI: 04/12/02 10:48:16 PRI: 2 COUNCIL: 04/12/02 10:49:11 1511 LTB2 POS: 1 QUADRguNT: SOC: T USER-i: 04/12/02 10:58:19 375 LTC2 REC: UP- 79 USER-2: ERT: 04/12/02 10:59:18 RPT: UP- 79 SQ.MILE: ATS: 04/12/02 11:01:40 BEAT: 4 CRIME WATCHI: TRI: #PERS: MAP: CRIME WATCH2:' TR2: #PERS: HSP: MINI: N VOTER PRECINT: -' AVL: 64/12/02 11:10:53 CENSUS: WRECKER: CLS: 04/12/02 11:11:25 375 LTC2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: .ASSIGNEE: 626 GUTIERREZ UNITS: #2P42 #2P41 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:MIKE DYER EA:AT PAY PHONE PH: CT: R/P ADVISING OF 6 SUBJECT AT THE LOCATION THAT ARE HBD AND [10:50:Il-SANDERS POSSIBLY HAVE PD~RAPHENALIA. R/P WILL BE WAITING FOR THE [10:50:37-SANDERS OFFICER AND WILL CONTACT THEM WHEN THEY ARE ON SCENE. [10:50:51-SANDERS *INFO ONLY*R/P ADVISED HE SPOKE WITH A SBSO UNIT AT THE [10:51:10-SANDERS LOCATION AND THEY ADVISED IT WAS UPLAND'S JURISDICTION [10:51:29-SANDERS From 2P42/GUTIERREZ - 04/12/02 11:10:51 [ll:ll:16-GOODWIN] CONTACTED RP JUST WANTED TO GIVE INFO [ll:ll:16-GOODWIN] PE: MIKE DYER - Reporting Party [ll:ll:25-GOODWIN] DS: AT PAY PHONE - Reporting Address [ll:ll:25-GOODWIN] ~T START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 04/12/02 10:58:19 - 10:59:18 DM 93 338 2P42 04/12/02 10:58:19 - 10:59:28 DM 92 626 2P41 04/12/02 10:59:18 10:59:26 E 97 338 2P42 04/12/02 10:59:28 11:01:40 E 97 626 2P42 04/12/02 11:01:40 11:10:53 S 98 626 10/1~/02 13:29:56 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #6017 10/16/02 13:29:56 SEQ: 6017 Police ** EVENT ** TYPE: SUBCK UMC4250.2.01 DISP: CITED 2UgI: 04/10/02 09:41:09 PRI: 3 COUNCIL: ~-G: 04/10/02 09:41:09 1652 LTD2 POS: 1 QUADRANT: : SOC: F USER-i: ~_~: 04/10/02 09:41:09 1652 LTD2 REC: UP- 79 USER-2: ERT: 04/10/02 09:41:09 RPT: UP- 79 SQ.MILE: ATS: 04/10/02 09:41:09 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 0'4/10/02 10:03:39 CENSUS: WRECKER: CLS: 04/10/02 10:06:45 1652 LTD2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 AD: E. ARROW HYo /N. GROVE AV. PREM: B RP: RA: PH: CT: For SUBCK @ ARROW /GROVE by 2P41 [09:41:09-HENDRICKS] Previous RD of UP- changed to UP-79 [09:41:12-HENDRICKS] CASE: #02100013 P-UP UPL [09:51:35-HENDRICKS] UMC 4250.2.01, CITED [10:03:37-HENDRICKS] ZACHARIAS, TOMAS/063052 [10:06:28-HENDRICKS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 04/10/02 09:41:09 - 10:03:39 OV 86 80 ARROW/GROVE 10/16/02 13:30:04 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMN3kRY FOR #4929 10/16/02 13:30:04 SEQ: 4929 Police ** EVENT ** TYPE: MANDWN 647F ARREST DISP: ARR D2qI: 04/04/02 21:03:16 PRI: 1 COUNCIL: ': 04/04/02 21:03:22 1536 LTB2 POS: 1 QUADRA~NT: ; SOC: T USER-l: D~P: 04/04/02 21:09:48 1876 LTC2 REC: UP- 79 USER-2: ERT: 04/04/02 21:09:59 RPT: UP- 79 SQ.MILE: ATS: 04/04/02 21:14:01 BEAT: 4 CRIME WATCHi: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 04/04/02 23:14:47 CENSUS: WRECKJER: CLS: 04/04/02 23:15:08 1876 LTC2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 1492 ODEN UNITS: #2P46 #2P25 AD: N. GROVE AV. /E. ARROW HY. PREM: B RP:ANON RA: PH: CT: RP ADVISED MAN LAYING ON SIDE OF THE ROAD SB LANES S OF ARROW [21:03:36-WESSELY HM DRK CLOTHING. [21:03:47-WESSELY] CODE 50 [21:04:14-HUNTS] P25 OUT W A FEMALE GROVE S/ OF AP~ROW, NOT DOWN [21:!5:44-HLrNTS] 21 CEDAR HOUSE, SEE IF THEY HAVE ROOM FOR A FEMALE [21:21:44-HU/qTS] DOES TAKE PSYCH MEDS [21:22:03-HUNTS] 1 IN CUSTODY [21:25:54-HUNTS] P46 - EAFANAN BALTINIA 031262 [21:29:23-HUNTS] r'~F ARREST [21:30:32-HUNTS] ~ W BENNINGTON B FOR PROP [21:30:40-HUNTS] ~ .~ CORR NAME [21:32:16-HUNTS] RAFANAN VALTINIA 031262 [21:32:16-HUNTS] CASE: #02094033 P-UP UPL [21:40:25-HUNTS] BOOKED AT WXrDC FOR PC 647F [23:15:06-HUNTS] PE: ANON Reporting Party [23:15:08-HUNTS] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P25 04/04/02 21:09:48 21:09:59 DM 92 1765 2P25 04/04/02 21:09:59 21:14:01 E 97 1765 2P46 04/04/02 21:10:09 21:30:51 DP 93 1492 2P25 04/04/02 21:14:01 21:41:38 S 98 1765 2P46 04/04/02 21:30:51 21:38:41 E 97 1492 1070 W BENNING B 2P46 04/04/02 21:38:41 21:40:38 S 98 1492 1070 W BEN-NING B 2P46 04/04/02 21:40:38 21:53:13 E 97 1492 W-v-DC 5.6 2P46 04/04/02 21:53:13 23:14:47 S 98 1492 55.6 WVDC 10/16/02 13:30:14 UPL LTB2 SANDERS INCIDENT ACTIVITY SUMMARY FOR #4536 10/16/02 13:30:14 SEQ: 4536 Police ** EVENT ** TYPE: SUBCK CHECKS 10-4 DISP: CKS104 ANI: 04/03/02 12:16:05 PRI: 3 COUNCIL: ORG: 04/03/02 12:16:05 1821 LTA2 POS: 1 QUADPJINT: -: SOC: F USER-I: 3: 04/03/02 12:16:05 1821 LTA2 REC: UP- 79 USER-2: ERT: 04/03/02 12:16:05 RPT: UP- 79 SQ.MILE: ATS: 04/03/02 12:16:05 BEAT: 4 CRIME WATCHI: TRi: #PERS: MAP: CRIME WATCH2: TR2: #PERS: HSP: MINI: N VOTER PRECINT: AVL: 04/03/02 12:19:17 CENSUS: WRECKER: CLS: 04/03/02 12:36:32 1821 LTA2 COUNTY: ZTR: RUN CARD: MAP INDEX: AREA: X COOR: Y COOR: ASSIGNEE: 80 BARTOSIK UNITS: #2P41 AD: E. ARROW HY. /N. GROVE AV. PREM: B RP: RA: PH: CT: For SUBCK @ AR /GR by 2P41 [12:16:05-RECANO] Previous RD of UP- changed to UP-79 [12:16:ll-RECANO] CHECKS 10-4 [12:36:24-RECANO] UNIT START TIME END TIME ST SS ASSIGNEE1 COMMENTS 2P41 04/03/02 12:16:05 - 12:19:17 OV 86 80 AR/GR ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCT~MONGA AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RkNCHO CUCAMONGA MUNICIPAL CODE, PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City hereby finds that there continues to be public safety and traffic flow problems created by persons running into, going upon and remaining in the streets and swarming cars to solicit work from persons traveling in vehicles and that it is necessary to continue to have an ordinance that prohibits solicitation of persons traveling in vehicles while in or upon a street or highway. However, the City finds that it is appropriate to amend Chapter 9.26 to clarify certain terms to more clearly state the original and continuing intent of the Chapter. These amendments are clarifications of existing law and reflect the manner in which the Chapter has previously been applied and enforced. Section 2. Section 9.26.030 of Chapter 9.26 of Title 9 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Section 9.26.030(a) Solicitation While On or In A Public Street or Highway. It shall be unlawful for any person(s) physically present in or on a street or highway, to solicit the occupant(s) of any vehicle traveling upon any street or highway. This section does not prohibit solicitation by persons off the street or highway, or on a sidewalk." "Section 9.26.030(b) Solicitation Defined. "Solicitation" shall mean any request, offer, enticement, or action, which announces the availability of employment, services, goods, or seeks a donation or contribution. "Solicitation" does not include the distribution of free literature, flyers or leaflets." "Section 9.26.030(c) Street, Highway and Sidewalk Defined. The terms "street", "highway" and "sidewalk" shall have those meanings as set forth in Sections 360, 509 and 555, respectively, of the California Vehicle Code, or any successor provisions thereto. Section 3. Violation Penalty. "Section 9.26.040 Violation Penalty. "Any person engaging in any activity declared unlawful by subsection (a) of Section 9.26.030 is guilty of a misdemeanor and shall be punished as set forth in Section 1.12.020 of Chapter 1.12 of Title 1 of this Code." Section 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. Section 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED and ADOPTED this day of , 2002. MAYOR I, Debbie Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the __day of , 2002, and was finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: CITY CLERK TH E C I T Y OF RANCHO CUCAMONGA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AiCP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Jan Reynolds, Redevelopment AnaLyst SUBJECT: APPROVAL OF RESOLUTIONS DECLARING INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT 2003-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX TO FINANCE CONSTRUCTION OF CERTAIN PUBLIC FACILITIES, AND DECLARING THE INTENTION TO ISSUE BONDS SECURED BY THE SPECIAL TAX WITHIN EACH OF THE ZONES WITHIN THE DISTRICT BOUNDARIES, AND APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT IN CONNECTION WITH FORMATION OF COMMUNITY FACILITIES DISTRICT 2003-01. RECOMMENDATION It is recommended that the City Council approve the attached Resolutions declaring intention to establish Community Facilities District 2003-01. The Resolutions declare the intent to establish the district, the intent to authorize the levy of a special tax to finance the public facilities, and the intent to issue bonds secured by the special tax. The Resolution of Intention also approves a Deposit and Reimbursement Agreement between the City and developer for costs associated with formation of the district. BACKGROUND/ANALYSIS In June 2001, the owners of undeveloped land in the eastern portion of the City elected to form a Community Facilities District (2001-01) to finance public improvements. The area is generally bound by Base Line Road on the north, Arrow Route on the south, Day Creek Channel on the west, and 1-15/Etiwanda Avenue on the east. In August 2001, the City Council authorized the sale of the bonds, which are supported by the levy of a special assessment on property located within the District boundary. Improvements financed by CFD 2001-01 are currently underway and include the extension of Church Street from its current terminus west of Rochester to Etiwanda Avenue, the construction of Day Creek Boulevard from Base Line south to Foothill Boulevard, the construction of Arbor Way and Victoria Gardens Lane south to Church Street, storm drain, sewer and water improvements. To complete the traffic circulation and storm drain master planned systems, a second Community Facilities District has been proposed. The improvements financed through this district will include Victoria Gardens Lane from Church Street to its looped connection at Day Creek Boulevard, Foothill Boulevard from 1-15 to Rochester Avenue, storm drain, water, and sewer improvements. Properties receiving direct benefit from the public improvements are generally bound by Church Street, Day Creek Boulevard, I- 15 and Arrow Route, and are shown on the attached boundary map. Formation of the CFD is supported by the landowners, and in keeping with the City's policy on CFD formations, all costs are being borne by the proponents. The Resolution of Intention approves a Deposit and Reimbursement Agreement between the City and Victoria Gardens-C, LLC, for the disbursement of funds associated with formation of the District. Formation costs are typically advanced by the developer and are eligible costs for reimbursement from bond proceeds. In order to form the CFD, several preliminary actions are required by the City Council. The first action is the adoption of a Resolution of Intention to establish a CFD composed of two Improvement Areas, and to authorize the levy of a special assessment on those properties within the proposed District. The second action is adoption of a Resolution declaring the City's intent to issue bonds in a total amount not to exceed $20 Million to finance construction of the improvements. The Resolution sets the bonded indebtedness for Improvement Area 1 not to exceed $16 Million, and not to exceed $4 Million in Improvement Area 2. Bonds are secured through the levy of a special assessment on properties within the proposed District, and are not an obligation of the City's general fund. The amount of the special assessment is determined by the direct benefit each parcel receives, based on street frontage and drainage runoff, and is reflected in the proposed Rate & Method of Apportionment attached to the Resolution. Adopting the attached Resolutions does not legally require the City Council to form the CFD or to sell bonds. A public hearing on the matter will be held on February 5, 2003, at which time the Council will take testimony and make a final determination whether or not to form the CFD and hold an election of the landowners. The property proposed within the District boundaries is comprised of undeveloped land; therefore, each property owner will be entitled to one vote per acre of land owned within the District. Respectfully submitted, Linda D. Daniels Redevelopment Director Attachments: Boundary Maps Resolutions Of Intent -2- PROPOSED BOUNDARIES SHEET 1 OF 1 SHEETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. t, ZONES t, 2 & 3 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA LEGEND: GRAPHIC SCALE MDS CONSULTING PROPOSED BOUNDARIES SHEET*1 OF 'I SHEETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 2, ZONE I & 2 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA SOLUTION NO. 7 OF THE CITY OF RANCHO CUCAMONGA TO ESTABLISH CITY OF I~NCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 AND APPROVING A DEPOSIT AND REIMBURSEMENT AGREEMENT RECITALS: WHEREAS, the CITY COUNCIL (the "City Council") of the CITY OF RANCHO CUCAMONGA (the "City") desires to undertake proceedings to establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), to finance facilities to serve the area of land hereinafter described; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Intention. The City Council hereby declares its intention to conduct proceedings for the formation of a community facilities district under the terms of the Act with two separate improvement areas designated pursuant to Section 53350 of the Act. Section 2. Name of District. The name of the proposed community facilities district is "City of Rancho Cucamonga Community Facilities District No. 2003 -01" (the "District") and the improvement areas shall be designated as "Improvement Area No. 1" and "Improvement Area No. 2." Section 3. Boundaries of District. The exterior boundaries of the District, the boundaries of each Improvement Area and the zones therein are shown on those certain maps now on file in the office of the City Clerk entitled "Proposed Boundaries of City of Rancho Cucamonga Community Facilities District No. 2003-01, Improvement Area No. 1" and "Proposed Boundaries of City of Rancho Cucamonga Community Facilities District No. 2003- 01, Improvement Area No. 2", which maps indicate by a boundary line the extent of the territory included in the proposed District, the extent of the territory in each Improvement Area and the extent of the territory in each zone and shall govern for all details as to the extent of the District, each Improvement Area and the zones. Said boundary maps are hereby approved and the boundaries shown therein as describing the extent of the territory to be included in the District, the improvement areas therein and the zones are hereby approved. The City Council finds that said boundary maps are in the form and contain the matters prescribed by Section 3110 of the California Streets and Highways Code as required by Section 53328.5 of the Act. On the originals and one copy of each of such maps, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the originals of such maps in her office and, within fifteen (15) days after the adoption of this Resolution, the 11231\0074\710146.8 -1- City Clerk shall file a copy of such maps so endorsed in the records of the County Recorder, County of San Bernardino, State of California. Section 4. Facilities. The type of public facilities proposed to be provided within the District and to be financed in connection with one or both of the Improvement Areas shall consist of those facilities set forth on Exhibit "A," attached hereto and incorporated herein by reference (the "Facilities"). The City Council hereby finds that the proposed Facilities are necessary to meet increased demands placed upon the City as a result of development occurring in the District. The Facilities may be acquired from one or more property owners as completed public facilities pursuant to Section 53314.9 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. Section 5. Special Tax. a. Except where funds are otherwise available to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to finance the Facilities, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the "Special Tax") within each Improvement Area of the District sufficient to pay for the costs thereof, including incidental expenses. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the District and will be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties, procedure, sale and lien priority in case of delinquency as applicable for ad valorem property taxes; provided, however, such Special Tax may be collected in such other manner as may be provided by the City Council. In the first year in which such a Special Tax is levied, the levy shall include a sum sufficient to repay to the City all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon. b. The proposed rates and methods of apportionment of the Special Tax among parcels of real property in each Improvement Area of the District, in sufficient detail to allow each resident or landowner within each Improvement Area of the proposed District to estimate the maximum amount such resident or owner will have to pay, are shown in Exhibit "B," attached hereto and incorporated herein by reference. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit "B" for each proposed Improvement Area to be reasonable. The obligation to pay the Special Tax may be prepaid as set forth in Exhibit "B." c. In the case of any Special Tax to pay for the Facilities to be levied against any parcel used for private residential purposes: (i) the maximum Special Tax shall be specified as a dollar amount which shall be calculated and thereby established not later than the date on which the parcel is first subject to the tax because of its use for private residential purposes and which amount shall not be increased over time over two percent per year; (ii) the tax year after which no further Special Tax subject to this sentence shall be levied or collected shall be as set forth in Exhibit "B" hereto; and (iii) under no circumstances will the Special Tax levied against any parcel subject to this sentence be increased as a consequence of delinquency or default by the owner of any other parcel within the District by more than 10 percent. For the purposes hereof, a parcel is used for "private residential purposes" not later than the date on which a building permit for private residential use is issued. 11231\0074\710146.8 -2- Section 6. Bonds. It is the intent of the City Council, acting as the legislative body of the District, to cause bonds to be issued under the Act on behalf of the Improvement Areas to finance, in whole or in part, the acquisition and/or construction of the Facilities. A series of bonds for Improvement Area No. 1 will be in the aggregate principal amount of not to exceed $16,000,000 and a series of bonds for Improvement Area No. 2 will be in the aggregate principal amount of not to exceed $4,000,000, at a maximum interest rate not in excess of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued, and the term of the bonds of each series shall not exceed 30 years from the date of issuance of such series of bonds. Section 7. Hearing. A public hearing (the "Hearing") on the establishment of the District, each proposed Improvement Area, the extent of the District and each proposed Improvement Area, the furnishing of specified types of public facilities within the District, and the proposed rate and method of apportionment of the Special Tax shall be held on February 5, 2003, at 7:00 p.m., or as soon thereafter as practicable, at the chambers of the City Council of the City of Rancho Cueamonga, 10500 Civic Center, Rancho Cucamonga, California 91730. At the Hearing, any interested person or taxpayer, including all persons owning lands or registered to vote within the proposed District, may appear and be heard. Section 8. Report. Each City officer who is or will be responsible for the Facilities to be financed by the District, if it is established, is hereby directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file, or cause to be filed, a report with the City Council, which is to be made a part of the record of the Hearing, containing the following: (a) a brief description of the Facilities by type which will in his or her opinion be required to adequately meet the needs of the District; and (b) an estimate of the fair and reasonable cost of financing the Facilities, including incidental expenses and including the costs of the proposed bond financing and all other related costs as provided for in Section 53345.3 of the Act. Section 9. Advances; Deposit and Reimbursement A~reement. The City may accept advances of funds or work in-kind from any source, including, but not limited to, private persons or private entities, and is authorized and directed to use such funds or that work in-kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council, with or without interest. The form and substance of that certain Deposit and Reimbursement Agreement by and between the City and Victoria Gardens-C, LLC, a California Limited Liability Company, now on file in the office of the City Clerk, is hereby approved and the Mayor is hereby authorized and directed to execute and deliver the Agreement substantially in the form on file with the City Clerk and presented at this meeting, with such additions thereto, or changes of insertions therein as may be approved by the Mayor (such approval to be exclusively evidenced by such execution and delivery). 11231\0074\710146.8 -3- ,,Zg7 Section 10. Published Notice. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed District. Such Notice shall be substantially in the form specified in Section 53222 of the Act. Publication of the Notice shall be completed at least 7 days prior to the date of the Hearing. Section 11. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Hearing by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least 15 days prior to the date of the Hearing. Section 12. Voting. Should the City Council determine to form the District and establish the Improvement Areas, a special election will be held within each Improvement Area to authorize the issuance of bonds and the levy of the Special Tax in accordance with the procedures contained in Section 53326 of the Act. If held, the proposed voting procedure at the elections will be a landowner vote with each landowner who is the owner of record of land within an Improvement Area at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Improvement Area. Ballots for the special election may be distributed by mail with return postage prepaid or by personal service. Section 13. Exemptions fi.om Special Tax. Except as may otherwise be provided in Exhibit "B" hereto or by law, all lands owned by any public entity, including the United States, the State of California and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Facilities. Section 14. Tender of Bonds. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders of bonds in full or partial payment of any installment of the special tax or the interest or penalties thereon which may be due or delinquent). Section 15. Election to Perform Work. Pursuant to Section 53329.5(c) of the Act, the City Council finds that, in its opinion, the public interest will not be served by allowing property owners in the District to enter into a contract for construction of the facilities pursuant to Section 53329.5(a). This Section is not intended to prevent the City from entering into an agreement with any property owner pursuant to which it agrees to acquire the Facilities or any portion thereof, from that property owner. PASSED, APPROVED AND ADOPTED this 18th day of December, 2002. Mayor ATTEST: 11231\0074\710146.8 -4- EXHIBIT "A" DESCRIPTION OF FACILITIES The facilities described below are proposed to be financed in connection with City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District"). The cost of the facilities shall include the attributable costs of engineering, design, planning, inspection, management and coordination, together with incidental expenses, including the costs associated with forming the District; issuance and sale of bonds, including underwriter's discount, appraisal, reserve fund, capitalized interest, bond counsel, financial advisor, disclosure counsel, fiscal agent, special tax consultant, bond and official statement printing; determination of the amount of the Special Tax; collection of the Special Tax; costs incurred in order to carry out the authorized purposes of the District, and any other expenses incidental to the construction, acquisition, completion and inspection of the authorized work. The facilities shall be constructed pursuant to plans and specifications approved by the City and the officials thereof and/or the California Department of Transportation, the Cucamonga County Water District, the Etiwanda School District and the Chaffey Joint Union High School District and the officials thereof, as applicable. Facilities in Connection with Improvement Area No. 1 and Improvement Area No. 2 Public improvements required as a condition of approval of development of the property within the proposed District and other public improvements serving property within the proposed District; such improvements to include but not be limited to: Victoria Gardens Lane (and vicinity) Improvements Street Improvements Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and traffic signal installation Storm Drain Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements Right-of-Way Acquisition Foothill Boulevard (and vicinity) Improvements (East of Day Creek Channel) Street Improvements Including, but not limited to, street lighting, sidewalks, grading, landscaping, striping, and traffic signal installation Storm Drain Improvements Sanitary Sewer Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements North Parkway Sidewalk Right-of-Way Acquisition Other Improvements Serving Properties Located within the Community Facilities District Dry Utility Improvements 11231\0074\710146.8 A-6 gsq Facilities In Connection with Improvement Area No. 1 Only Public improvements required as a condition of approval of development of the property within thc proposed District and other public improvements serving property within the proposed District; such improvements to include but not be limited to: Other Improvements Serving Properties Located in Improvement Area No. 1 Domestic Water Improvements Sewer Improvements City of Rancho Cucamonga Community Facilities Civic Center/Cultural Center School Improvements School Improvements constructed by the Etiwanda School District and the Chaffey Joint Union High School District customarily financed with development impact fees charged by those Districts. 11231\0074\710146.8 A-7 EXHIBIT "B" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX 11231\0074\710146.8 B-1 ~ q~" I RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 OF THE CITY OF RANCHO CUCAMONGA IMPROVEMENT AREA NO. 1 A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community Facilities District No. 2003-01 (Improvement Area No. 1) ("CFD No. 2003-01 (IA No. 1)") and collected each Fiscal Year commencing in Fiscal Year 2003-04, in an amount determined by the Council through the application of the appropriate Special Tax within each Zone for "Developed Property" and "Undeveloped Property" as described below. All of the real property in CFD No. 2003-01 (IA No. 1), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-01 (IA No. 1): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2003-01 (IA No. 1) or any designee of either thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2003-01 (IA No. 1) or any designee of either thereof of complying with City, CFD No. 2003- 01 (IA No. 1) or obligated persons disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, of CFD No. 2003-01 (IA No. 1) or any designee of either thereof related to an appeal of the Special lax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-01 (IA No. 1) for any other administrative purposes of CFD No. 2003-01 (IA No. 1), including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrative Special Tax Requirement" means, for any Fiscal Year, that amount estimated to be required to: (i) pay periodic costs on the CFD No. 2003-01 (IA No. 1) Bonds Ci~ of Rancho Cucamonga December §, 2002 CFD No. 2003-01 (IA No. 1) Page 1 other than regulakly scheduled debt service, including but not limited to, credit enhancement and rebate payments on the CFD No. 2003-01 (IA No. 1) Bonds as described in the indenture and due in the calendar year beginning in said Fiscal Year; and (ii) pay Administrative Expenses. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Authorized Facilities" means those improvements, as listed on Exhibit "A" to the Resolution of Formation. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for each Zone and providing for the levy and collection of the Special Taxes. "CFD No. 2003-01" means City of Rancho Cucamonga Community Facilities District No. 2003-01 (Victoria Gardens). "CFD No. 2003-01 (IA No. 1)" means Improvement Area No. 1 of CFD No. 2003-01, as identified on the boundary map for CFD No. 2003-01. "CFD No. 2003-01 (IA No. 1) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2003-01 and secured solely by Special Taxes levied on property within the boundaries of CFD No. 2003-01 (IA No. 1) under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD No. 2003-01 (IA No. 1). "County" means the County of San Bemardino. "Disposition and Development Agreement" means the Disposition and Development Agreement by and between the Rancho Cucamonga Redevelopment Agency and Victoria Gardens-C, LLC dated February 20, 2002. C#y o£ Rancho Cucamonga Decetnber oa, ~O02 CFD No. 2003-01 aA No. 1) Page "Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was within a Final Map that was recorded prior to January 1 of the previous Fiscal Year, and (ii) for which a building permit for new construction, other than the construction of a garage, parking lot, parking structure or street, was issued after January 1,2002 but prior to January 1 of the previous Fiscal Year. "Final Map" means a final map, lot line adjustment, or parcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) and recorded with the County Recorder that creates individual lots for which building permits may be issued. The term "Final Map" shall not include any Assessor's Parcel Map or subdivision map or portion thereof, that does not create individual lots for which a building permit may be issued, including Assessor's Parcels that are designated as remainder parcels. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2003-01 (IA No. 1) Bonds are issued, as modified, amended and/or supplemented from time to time. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Outstanding Zone 1 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 1) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 1 Allocation, minus (b) the principal amount of the CFD No. 2003 -01 (IA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 1. "Outstanding Zone 2 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 1) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 2 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (iA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 2. "Outstanding Zone 3 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 1) Bonds minus the principal amount of the CFD No. 2003-01 (iA No. 1) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 3 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 3. CiO~ o£Rancho Cucamo~ga December 9, 2002 CFD No. 2003-01 (IA No. 1) Page 3 "Privately Owned Exempt Parking Property" means the land area consisting of up to 4.25 Acres in Zone 2 to be utilized for a garage, parking lot or parking structure as geographically identified in Attachment A to this Rate and Method of Apportionment, and specifically defined in Attachment B. "Privately Owned Specific Retail Property" means one or more Assessor's Parcels of Developed Property in Zone 2 for which a building permit has been issued for uses that are consistent with the Major Department Store land use category in the Disposition and Development Agreement, as determined by the CFD Administrator. "Proportionately" means for Developed Property in a particular Zone that the ratio of thc actual Special Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for all Assessor's Parcels of Developed Property within such Zone, or where the Backup Special Tax is being levied in a particular Zone that the ratio of the actual Special Tax levy in such Zone to the Maximum Special Tax for such Zone is equal for all Assessor's Parcels upon which a Backup Special Tax is being levied within such Zone. For Undeveloped Property in a particular Zone, "Proportionately" means that the ratio of the actual Special Tax levy per Acre in such Zone to the Maximum Special Tax per Acre for such Zone is equal for all Assessor's Parcels of Undeveloped Property within such Zone. "Public Property" means any property within the boundaries of CFD No. 2003-01 (IA No. 1) that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public agency, 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 in accordance with its use. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Resolution of Formation" means the Resolution of Formation for CFD No. 2003-01 (IA No. 1). "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property to fund the Zone 1 Special Tax Requirement, the Zone 2 Special Tax Requirement, or the Zone 3 Special Tax Requirement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-01 (IA No. 1) which are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. City of Rancho Cucamonga December g, 2002 CFD No. 2003-01 (IA No. 1) Page 4 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone" means Zone 1, Zone 2, or Zone 3, as applicable. "Zone 1" means all Assessor's Parcels located within the boundaries of Zone 1 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 1 Allocation" means the percentage of CFD No. 2003-01 (IA No. 1) Bonds allocated to Zone 1 based on Zone 1 's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 1 Allocation is 6.72%. "Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. t ) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the previous Fiscal Year. "Zone 1 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 1 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 1 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 1 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the a~nual Special Tax levy within Zone 1, as determined by the CFD Administrator pursuant to the Indenture. "Zone 2" means all Assessor's Parcels located within the boundaries of Zone 2 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 2 Allocation" means the percentage of CFD No. 2003-01 (IA No. 1) Bonds allocated to Zone 2 based on Zone 2's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 2 Allocation is 81.74%. "Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 1) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 2 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 2 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 2 in the previous Fiscal Year. "Zone 2 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 2 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 2 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 2 Delinquency Amount, if any; Ci(y o£Rancho Cucamonga December 9 2002 CFD No. 2003-01 (IA No. 1) Page 5 (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 2, as determined by the CFD Administrator pursuant to the Indenture. "Zone 3" means all Assessor's Parcels located within the boundaries of Zone 3 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 3 Allocation" means the percentage of CFD No. 2003-01 (IA No. 1) Bonds allocated to Zone 3 based on Zone 3's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 3 Allocation is 11.54%. "Zone 3 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 1) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 3 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 3 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 3 in the previous Fiscal Year. "Zone 3 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 3 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 3 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 3 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 3, as determined by the CFD Administrator pursuant to the Indenture. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Zone 1, Zone 2, and Zone 3 of CFD No. 2003- 01 (IA No. 1) shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. City o£RanchoCucamonga December g, 2002 CFD No. 2003-01 (IA No. D Page 6 (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall equal $4,318 per Acm for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Pamel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. I) shall equal $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 1) shall be $4,798 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be thc greater of(i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $36,294 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1,2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. CiO'°fRanch°Cucam°nga Oecemberg, 2002 ~7 CFD No. 2003-01 (IA No. D Page 7 (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall equal $40,327 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Spegial Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 1) shall be $12,817 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 3. ZONE 3 a. Zone 3 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 3 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 3 or (ii) the amount derived by application of the Backup Special Tax for Zone 3. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $10,272 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall equal $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. Ci(y o£ Ra~cho Cucan~onga Oecember g, 2002 CFD No. 2003-01 (IA No. 1) Page .g b. Zone 3 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 3 of CFD No. 2003-01 (IA No. 1) shall be $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone I Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Parcel within Zone 1, except for those Residential Properties whose Cityo£RanchoCucaraonga December9,2002 CFD No. 2003-01 (IA No. 1) Page .q owners are also delinquent or in default on their Special Tax payments for one or more other properties within Zone 1. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall .determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Propertyin Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies am needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 3. ZONE 3 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 3 Special Tax Requirement and levy the Special Tax in Zone 3 until the amotmt of Special Taxes levied in Zone 3 is equal to the Zone 3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 3 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Ci(y o£Rancho Cucamonga December 9, 2002 CFD No. 2003-01 (Z4 No. 1) Page lO Second: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 3 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone 3 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 3 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 3 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. i) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. In addition, no .Special Tax shall be levied on Privately Owned Exempt Parking Property in Zone 2. Furthermore, no Special Tax shall be levied on up to 10.56 Acres of Privately Owned Specific Retail Property in Zone 2. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property in Zone 2 becomes Privately Owned Specific Retail Property. If the total number of Acres of Privately Owned Specific Retail Property exceeds the amount stated above, then the Acres exceeding such total shall be taxed at the applicable rotes for Developed Property for Zone 2 as set forth in Section C above and to the extent set forth in Section D above. 3. ZONE 3 No Special Tax shall be levied on Public Property in Zone 3. City o£Rancho Cucamonga December 9, CFD No. 2003-01 (IA No. O Page 1l F. REVIEW/APPEAL COMMITTEE Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the amount of the Special T~x shall be appropriately modified. The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. G. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2003-01 (IA No. 1) 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 on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX 1. Payment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2003-01 (IA No. 1) may only be prepaid after all authorized CFD No. 2003-01 (IA No. 1) Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there am no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt &such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2003 -01 (IA No. 1) Bonds to be redeemed with the proceeds of such prepaid Special Taxes. Ci~g o£ Rancho Cucamonga December §, 2002 CFD No. 2003-01 (IA No. 1) Page 17, The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for the entire Zone in which the Assessor's Parcel is located based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in such Zone, excluding any Assessor's Parcels in such Zone which have been prepaid; and 4. (a) For Assessor's Parcels in Zone 1, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 1 Bonds to compute the amount of Outstanding Zone 1 Bonds to be retired and prepaid; or (b) For Assessor's Parcels in Zone 2, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the amount of Outstanding Zone 2 Bonds to be retired and prepaid: or (c) For Assessor's Parcels in Zone 3, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 3 Bonds to compute the amount of Outstanding Zone 3 Bonds to be retired and prepaid (in either (a), (b), or (c) above, the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount for the appropriate Zone computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the Ci(y o£ Rancho Cucamonga December 9, 2002 CFD No. 2003-01 (IA No. 1) Page 13 ~ redemption price - 100%), if any, on the Outstanding Zone 1, Zone 2, ~)r Zone 3 Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 8. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8. 10. Compute the net present value of the amount computed pursuant to paragraph 9, using as a discount rate the rate of return reasonably assumed by the CFD Administrator in paragraph 8 (the "Defeasance Amount"). 11. The administrative fees and expenses of CFD No. 2003-01 (IA No. 1) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2003-01 (IA No. 1) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser off (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Zone 1, Zone 2, or Zone 3 Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, is below 100% of the reserve requirement (as defined in the Indenture). 13. If any capitalized interest for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, will not have been expended as of the first bond interest .and/or principal payment date following the current Fiscal Year, a capitalized ~ntemst credit shall be calculated by multiplying the quotient computed Ci(y o£Rancho Cucamonga December 9, 300g CFD No. 2003-01 (IA No. 1) Page 14 pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 14. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 10, and 1 I, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, or make debt service payments. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2003-01 (IA No. 1). The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of CFD No. 2003-01 (IA No. 1) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2003-0 ! (IA No. 1) Bonds or to make debt service payments. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in full in accordance with this Section H.I., the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied within the entire Zone in which the Assessor's Parcel's Special Tax obligation is prepaid both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Zone 1, Zone 2, and Zone 3 Bonds, as applicable. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property and an Assessor's Parcel o£ Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H. 1; except that a partial prepayment shall be calculated according to the following formula: PP=PEXF These terms have the following meaning: City of Rancho Cucamonga December it, 2002 CFD No. 2003-01 (IA No. D Page PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H. 1 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax, and (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section H. 1, and (ii) indicate in the records of CFD No. 2003-01 (IA No. 1) that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed 50 years commencing with Fiscal Year 2003-04, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2003-01 (IA No. 1) Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:lClients2[RanchoCucamongalVictoriaGardenslRMAIlmprovement~real_6. doc Prepared: 12/9/02 CFD No. -~003-01 (IA No. 1) Page 18 ATTACHMENT A MAP OF ZONES 1 THROUGH 3 ~? PROPOSED BOUNDARIES SHEET 1 OF 1 SHEET,~ OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-0t IMPROVEMENT AREA NO. t, ZONES t~ 2 & 3 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA LEGAL DESCRIPTION CFD 2883-01 IMPROVEMENT AREA NO. 1 -ZONE NO. 1 PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHWESTERLY LINE OF PARCEL MAP NO. 15641 HAVING A BEARING OF NORTH 44018'08" EAST AND A DISTANCE OF 122.48 FEET; THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO. 15641, NORTH 89°55'01" WEST 172.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1052.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4047'42'' AN ARC LENGTH OF 88.04 FEET TO A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947.98 FEET; THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 4047'42" AN ARC LENGTH OF 79.34 FEET; THENCE NORTH 89°55'01'' WEST 1059.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 798.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32033'40" AN ARC LENGTH OF 453.50 FEET TO A POINT IN A NON-TANGENT REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945.00 FEET, RADIAL LINES THROUGH SAID POINT BEAR SOUTH 32038'39" WEST (798.00-FOOT RADIUS) AND NORTH 33000'27'' EAST (945.00- FOOT RADIUS); THENCE LEAVING SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG LAST SAID NON-TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°21'01" AN ARC LENGTH OF 137.72 FEET; THENCE NON-TANGENT TO THE PREVIOUS CURVE, SOUTH 25o04'56'' EAST 22.02 FEET; THENCE SOUTH 68°11'33" EAST 35.26 FEET; THENCE SOUTH 21048'29" EAST 11.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 213.00 FEET; THENCE SOUTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21043'28'' AN ARC LENGTH OF 80.76 FEET; THENCE SOUTH 0o04'59'' EAST 109.70 FEET, TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHERLY AND WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00'' AN ARC LENGTH OF 39.27 FEET; THENCE NORTH 89°55'01'' WEST 579.84 FEET; THENCE SOUTH 0o04'59" EAST 50.00 FEET; THENCE NORTH 89°55'01" WEST 128.86 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266.33 FEET; THENCE SOUTHEASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 6°56'18'' AN ARC LENGTH OF 32.25 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 143.67 FEET; THENCE WESTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 15°32'46'' AN ARC LENGTH OF 38.98 FEET; THENCE NORTH 89°55'01" WEST 150.00 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99.50 FEET; THENCE WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23o13'53'' AN ARC LENGTH OF 40.34 FEET TO A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85.50 FEET; THENCE WESTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°00'31'' AN ARC LENGTH OF 11.95 FEET; THENCE NORTH 89°55'01'' WEST 1016.33 FEET; THENCE SOUTH 22°04'33'' EAST 26.70 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2572.00 FEET, SAID POINT ALSO BEING IN THE LAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88°29'55'' WEST; THENCE NORTHERLY ALONG LAST SAID NON-TANGENT CURVE AND ALONG SAID EAST LINE THROUGH A CENTRAL ANGLE OF 4°45'59'' AN ARC LENGTH OF 213.97 FEET; THENCE NORTH 1°28'43'' WEST 294.75 FEET; THENCE NORTH 44°18'08" EAST 122.48 FEET TO THE POINT OF BEGINNING. CONTAINING 21.653 ACRES OF LAND, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION: STANLEY C. MORSE, P.L.S. 3640, DATED 12-06-02 LICENSE EXPIRES 6-30-04 G:\290\10\LEGALS\IA1 -Zl .DOC LEGAL DESCRIPTION CFD 2003-01 IMPROVEMENT AREA NO. 1 - ZONE NO. 2 PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE AND PARCEL B AS SAID PARCEL B IS DESCRIBED IN DOCUMENT NO. 19990308589 RECORDED JULY 23, 1999 IN THE OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL MAP NO. 7966; THENCE ALONG THE EAST LINE OF SAID PARCEL MAP NO. 7966, SOUTH 0007'34'' WEST 1065.17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°25'30'' AN ARC LENGTH OF 480.66 FEET; THENCE LEAVING SAID EAST LINE TO THE PREVIOUS CURVE ALONG THE NORTHERLY AND SOUTHEASTERLY LINES OF SAID PARCEL B, NORTH 89058'47'' WEST 93.23 FEET; THENCE SOUTH 43°51'29" 290.33 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1800.00 FEET; THENCE SOUTHWESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 13°58'01" AN ARC LENGTH OF 438.78 FEET; THENCE SOUTH 57049'30'' WEST 10.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2000.00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL B ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL MAP NO. 7966 AND ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 11°40'35" AN ARC LENGTH OF 407.58 FEET; THENCE SOUTH 69°30'05" EAST 250.72 FEET; THENCE LEAVING LAST SAID SOUTHEASTERLY LINE, NORTH 0004'59'' EAST 75.98 FEET; THENCE NORTH 89°55'01'' WEST 604.06 FEET; THENCE SOUTH 0°04'59'' WEST 8.61 FEET; THENCE SOUTH 54°49'11'' WEST 24.12 FEET; THENCE NORTH 4°50'51" 9.14 FEET; THENCE NORTH 85°09'09'' WEST 104.26 FEET; THENCE NORTH 0004'58" EAST 22.99 FEET; THENCE NORTH 89°55'01" WEST 623.93 FEET; THENCE NORTH 0°04'59" EAST 103.00 FEET; THENCE NORTH 23°23'13'' WEST 25.11 FEET TO THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641; THENCE ALONG SAID EAST LINE, NORTH 0°15'45" EAST TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2428.00 FEET; THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 3002'25'' 128.84 FEET; THENCE NORTH 3°18'10'' EAST 1267.27 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2572.00 FEET; THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1°48'05" AN ARC LENGTH OF 80.87 FEET; THENCE LEAVING SAID EAST LINE OF DAY CREEK BOULEVARD, NORTH 22004'33" EAST 26.70 FEET; THENCE SOUTH 89°55'01" EAST 1016.33 TO A POINT IN A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85.50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°18'21'' WEST; THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°00'31'' AN ARC LENGTH OF 11.95 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99.50 FEET; THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 23°13'53" AN ARC LENGTH OF 40.34 FEET; THENCE SOUTH 89°55'01'' EAST 150.00 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 143.67 FEET; THENCE EASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15°32'46'' AN ARC LENGTH OF 38.98 FEET TO A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266.33 FEET; THENCE EASTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 6°56'18'' AN ARC LENGTH OF 32.25 FEET; THENCE SOUTH 89°55'01" EAST 128.66 FEET; THENCE NORTH 0°04'59'' EAST 50.00 FEET; THENCE SOUTH 89°55'01" EAST 579.84 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY AND 3// NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90000'00" AN ARC LENGTH OF 39.27 FEET; THENCE NORTH 0°04'59'' EAST 109.70 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 213.00 FEET; THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°43'28'' AN ARC LENGTH OF 80.76 FEET; THENCE NORTH 21048'29'' EAST 11.04 FEET; THENCE NORTH 68°11'33" WEST 35.26 FEET; THENCE NORTH 25°04'56" EAST 22.02 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945.00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 24°39'26" EAST; THENCE NORTHWESTERLY ALONG LAST SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°21'01'' AN ARC LENGTH OF 137.72 FEET TO A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 902.00 FEET, RADIAL LINES THROUGH SAID POINT OF CUSP BEAR NORTH 30°00'27'' EAST (945.00-FOOT RADIUS) AND NORTH 32038'39" EAST (902.00-FOOT RADIUS), SAID POINT OF CUSP ALSO BEING THE SOUTH LINE OF CHURCH STREET AS SHOWN ON SAID PARCEL MAP NO. 15641; THENCE SOUTHEASTERLY ALONG LAST SAID NON-TANGENT CURVE AND ALONG SAID SOUTH LINE OF CHURCH STREET THROUGH A CENTRAL ANGLE OF 13°00'40" AN ARC LENGTH OF 204.83 FEET TO THE NORTH LINE OF SAID PARCEL MAP NO. 15641; THENCE LEAVING LAST SAID SOUTH LINE ALONG LAST SAID NORTH LINE, SOUTH 89°55'01" EAST 444.05 FEET TO THE POINT OF BEGINNING. CONTAINING 110.453 ACRES OF LAND, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION: STANLEY C. MORSE, P.L.S. 3640, DATED 12-06-02 LICENSE EXPIRES 6-30-04 LEGAL DESCRIPTION CFD 2003-01 IMPROVEMENT AREA NO. 1 - ZONE NO. 3 PORTIONS OF PARCEL MAP NO. 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO. 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL MAP NO. 15641; THENCE ALONG THE SOUTH LINE OF SAID PARCEL MAP NO. 15641, NORTH 89°55'01" WEST 807.40 FEET; THENCE LEAVING SAID SOUTH LINE ALONG THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO. 15641, NORTH 44o49'38" WEST 84.98 FEET; THENCE NORTH 0°15'45'' EAST 642.29 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 23°23'13'' EAST 25.11 FEET; THENCE SOUTH 89°55'01" EAST 54.47 FEET; THENCE SOUTH 0004'59" WEST 103.00 FEET; THENCE SOUTH 89°55'01" EAST 623.93 FEET; THENCE SOUTH 0°04'58" WEST 22.99 FEET; THENCE SOUTH 85o09'09" EAST 104.26 FEET; THENCE NORTH 4°50'51" 9.14 FEET; THENCE NORTH 54°49'11'' EAST 24.12 FEET; THENCE NORTH 0004'59" EAST 8.61 FEET; THENCE SOUTH 89°55'01'' EAST 604.06 FEET; THENCE SOUTH 0004'59'' WEST 75.98 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL MAP NO. 15641; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, SOUTH 69°30'05'' WEST 116.82 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 650.00 FEET; THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 38000'00'' AN ARC LENGTH OF 431.10 FEET; THENCE SOUTH 31°30'05'' WEST 222.30 FEET TO THE POINT OF BEGINNING. CONTAINING 14.689 ACRES OF LAND, MORE OR LESS. PREPARED BY ME OR UNDER MY DIRECTION: STANLEY C. MORSE, P.L.S. 3640, DATED 12-06-02 LICENSE EXPIRES 6-30-04 ATTACHMENT B PRIVATELY OWNED EXEMPT PARKING PROPERTY LISTING SHEET 1 OF 2 SHEETS PARKING STRUCTURE PARCELS PARCEL MAP NO. 15641 CHURCH STREET , 25 N ', gg'55'Ol"W ', 2223.15' ~J ' ~ 14 F~ ~ PARCEL P2  ~ ~ SEE SHEET 2 N.A.P. ....... ........ m o PARCEL MAP 7966 d ,~ P.M.B. 86/1-3 <,-15 m~ 20 FOOTHILL BOULEVARD (ROUTE 66) '1 l' 600 300 0 600 ~' / / /= INDICATES SUBJECT PARCEL AREA INDICATES SUBJECT PARCEL LINE STANLEY C. MORSE L.S..5640 (EXPIRES 6/50/2004) INDICATES EXISTING PARCEL LINE 1:~46606~MAPPING~PRKSTl-1 11-15-0; SHEET2 OF 2 SHEETS PARKING STRUCTURE PARCELS NW CORNER PARCEL MAP NO. 15641 ~ ~ P.M. 7966 ~ P.M.B. 192/93-100  25 26 ~ / N 89'55'01' W 2223.15' 707,59' ~ 407.9Y ' ~~ 1107.63 o- ~I////~CELm///.~ CULTU~LARTS < ~ ~ ///PARCELP2// xp. N0. 5640 150 75 0 150 PREPARED UNDER THE SUPE~ISION OF: ~ ~GEND ~ / ~ ~' INDICATES SUBJECT P~CEL STANL~ C. MORSE L.S. ~640 (EXPIRES 6/~0/2004~ INDICATES SUBJECT P~CEL LINE INDICATES EXISTING P~CEL LINE PARKING STRUCTURE PARCELS THOSE CERTAIN PORTIONS OF PARCEL 1 OF PARCEL MAP NO. 7966 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 86 AT PAGES 1 THROUGH 3 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL P1: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 7966; THENCE ALONG THE NORTH LINE OF LAST SAID PARCEL MAP, SOUTH 89°55'01" EAST 707.59 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 00004'59" WEST 283.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUING ALONG THE SAME BEARING, SOUTH 00004'59" WEST 325.20 FEET; THENCE NORTH 89°55'01'' WEST 331.99 FEET; THENCE NORTH 00004'59" EAST 310.20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 36°52'12" AN ARC LENGTH OF 16.09 FEET; THENCE SOUTH 89°55'01" EAST 326.99 FEET TO THE POINT OF BEGINNING. CONTAINING 2.478 ACRES OF LAND, MORE OR LESS. PARCEL P2: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO. 7966; THENCE ALONG SAID PARCEL MAP, SOUTH 89°55'01'' EAST 707.59 FEET; THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89°55'01" EAST 407.93 FEET; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00004'59'' WEST 273.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE CONTINUING ON LAST SAID BEARING, SOUTH 00°04'59" WEST 10.00 FEET; THENCE NORTH 89°55'01" WEST 10.17 FEET; THENCE SOUTH 00°04'59'' WEST 324.61 FEET; THENCE SOUTH 89°55'01'' EAST 236.00 FEET; THENCE NORTH 00004'59'' EAST 295.61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 25.00 FEET; THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00'' AN ARC LENGTH OF 39.27 FEET; THENCE NORTH 89°55'01" WEST 55.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 84.57 FEET; THENCE ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23028'33'' AN ARC LENGTH OF 34.65 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 84.57 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23028'33'' AN ARC LENGTH OF 34.65 FEET; THENCE NORTH 89°55'01" WEST 78.45 FEET TO THE POINT OF BEGINNING. CONTAINING 1.771 ACRES OF LAND, MORE OR LESS. PREPARED UNDER MY DIRECTION STANLEY C. MORSE, L.S. 3640 DATE LICENSE EXPIRES 6-30-04 G:\466\06~LEGALS\PKG-STR.DOC RATE AND METHOD OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 2003-01 OF THE CITY OF RANCHO CUCAMONGA IMPROVEMENT AREA NO. 2 A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels in Community Facilities District No. 2003-01 (Improvement Area No. 2) ("CFD No. 2003-01 (IA No. 2)") and collected each Fiscal Year commencing in Fiscal Year 2003-04, in an amount determined by the Council through the application of the appropriate Special Tax within each Zone for "Developed Property" and "Undeveloped Property" as described below. All of the real property in CFD No. 2003-01 (IA No. 2), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, pamel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor's Parcel is equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2003-01 (IA No. 2): the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City, a designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2003-01 (IA No. 2) or any designee of either thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2003-01 (IA No. 2) or any designee of either thereof of complying with City, CFD No. 2003- 01 (IA No. 2) or obligated persons disclosure requirements; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, of CFD No. 2003-01 (IA No. 2) or any designee of either thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2003-01 (IA No. 2) for any other administrative purposes of CFD No. 2003-01 (IA No. 2), including attorney's fees and other costs related to conunencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Administrative Special Tax Requirement" means, for any Fiscal Year, that amount estimated to be required to: (i) pay periodic costs on the CFD No. 2003-01 (IA No. 2) Bonds City of Rancho Cucamonga December 9, 200g CFD No. 2003-01 (IA No. 2) Page l ~/ other than regularly scheduled debt service, including but not limited to, credit enhancement and rebate payments on the CFD No. 2003-01 (IA No. 2) Bonds as described in the Indenture and due in the calendar year beginning in said Fiscal Year; and (ii) pay Administrative Expenses. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "Authorized Facilities" means those improvements, as listed on Exhibit "A" to the Resolution of Formation. "Backup Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined in accordance with Section C below. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement for each Zone and providing for the levy and collection of the Special Taxes. "CFD No. 2003-01" means City of Rancho Cucamonga Community Facilities District No. 2003-01 (Victoria Gardens). "CFD No. 2003-01 (IA No. 2)" means Improvement Area No. 2 of CFD No. 2003-01, as identified on the boundary map for CFD No. 2003-01. "CFD No. 2003-01 (IA No. 2) Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in one or more series, issued by CFD No. 2003-01 and secured solely by Special Taxes levied on property within the boundaries of CFD No. 2003-01 (IA No. 2) under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD No. 2003-01 (IA No. 2). "County" means the County of San Bemardino. "Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was within a Final Map that was recorded prior to January 1 of the previous Fiscal Year, and (ii) for which a building permit for new construction was issued after January 1, 2002 but prior to January 1 of the previous Fiscal Year. City of Rancho Cucamonga Decemher g, 2002 CFD No. 2003-01 (IA No. 2) Page "Final Map" means a final map, lot line adjustment, or parcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) and recorded with the County Recorder that creates individual lots for which building permits may be issued. The term "Final Map" shall not include any Assessor's Parcel Map or subdivision map or portion thereof, that does not create individual lots for which a building permit may be issued, including Assessor's Pamels that are designated as remainder parcels. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2003-01 (IA No. 2) Bonds are issued, as modified, amended and/or supplemented from time to time. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below, that can be levied in any Fiscal Year on any Assessor's Parcel. "Outstanding Zone 1 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 2) Bonds minus the principal amount of the CFD No. 2003-01 (IA No. 2) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 1 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (lA No. 2) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 1. "Outstanding Zone 2 Bonds" means (a) the product of(i) the original principal amount of the CFD No. 2003-01 (IA No. 2) Bonds minus the principal amount of the CFD No. 2003-01 (lA No. 2) Bonds that have been paid at maturity, or been redeemed or defeased other than from prepayments of Special Taxes; and (ii) the Zone 2 Allocation, minus (b) the principal amount of the CFD No. 2003-01 (lA No. 2) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Pamels located in Zone 2. "Proportionately" means for Developed Property in a particular Zone that the milo of the actual Special Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for all Assessor's Parcels of Developed Property within such Zone, or where the Backup Special Tax is being levied in a particular Zone that the ratio of the actual Special Tax levy in such Zone to the Maximum Special Tax for such Zone is equal for all Assessor's Parcels upon which a Backup Special Tax is being levied within such Zone. For Undeveloped Property in a particular Zone, "Proportionately" means that the ratio of the actual Special Tax levy per Acm in such Zone to the Maximum Special Tax per Acre for such Zone is equal for all Assessor's Parcels of Undeveloped Property within such Zone. "Public Property" means any property within the boundaries of CFD No. 2003-01 (IA No. 2) that is used for rights-of-way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the City or any other public Ci(y o£Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (L4 No. 2) Page 3 ~2b agency, 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 in accordance with its use. "Resolution of Formation" means the Resolution of Formation for CFD No. 2003-01 (IA No. 2). "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Pamel of Developed Property and Undeveloped Property to fund the Zone 1 Special Tax Requirement or the Zone 2 Special Tax Requirement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 2003-01 (IA No. 2) which am not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone" means Zone i or Zone 2, as applicable. "Zone 1" means all Assessor's Parcels located within the boundaries of Zone 1 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 1 Allocation" means the percentage of CFD No. 2003-01 (IA No. 2) Bonds allocated to Zone 1 based on Zone 1 's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 1 Allocation is 37.80%. "Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 2) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the previous Fiscal Year. "Zone 1 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 1 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 1 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 1 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 1, as determined by the CFD Administrator pursuant to the Indenture. City o£ Rancho Cuc~nonga December 9, 2002 CFD No. 2003-01 (IA No. 2) Page4 32[ "Zone 2" means all Assessor's Parcels located within the boundaries of Zone 2 as delineated in Attachment A to this Rate and Method of Apportionment. "Zone 2 Allocation" means the percentage of CFD No. 2003-01 (IA No. 2) Bonds allocated to Zone 2 based on Zone 2's share of the cost of the Authorized Facilities to be financed from the proceeds of such bond issue(s). The Zone 2 Allocation is 62.20%. "Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No. 2003-01 (IA No. 2) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 2 Special Taxes, as reasonably determined by the CFD Administrator, and (ii) pay for reasonably anticipated delinquent Zone 2 Special Taxes based on the delinquency rote for Special Taxes levied in Zone 2 in the previous Fiscal Year. "Zone 2 Special Tax Requirement" means, for any Fiscal Year, the sum of(i) the Zone 2 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone 2 Bonds due in the calendar year beginning in said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authorized Facilities, and (c) pay the Zone 2 Delinquency Amount, if any; (iii) less a credit for funds available to reduce the annual Special Tax levy within Zone 2, as determined by the CFD Administrator pursuant to the Indenture. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Zone 1 and Zone 2 of CFD No. 2003-01 (IA No. 2) shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes in accordance with the rote and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone I Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 1 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 1 or (ii) the amount derived by application of the Backup Special Tax for Zone 1. Ci(yo£RanchoCucamonga Decemberg, 2002 CFD No. 2003-01 (IA No. 2) Page 5 (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall equal $2,799 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two pement (2%) of the Assigned Special Tax for the previous Fiscal Year. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall equal $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 1 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No. 2) shall be $3,110 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 2 classified as Developed Property shall be the greater of(i) the amount derived by application of the Assigned Special Tax for Zone 2 or (ii) the amount derived by application of the Backup Special Tax for Zone 2. (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (lA No. 2) shall equal $8,480 per Acre for Fiscal Year 2003-04, and shall increase thereafter, co.mmencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Year. City o£Rancho Cucamonga December 9, ZOO2 ~'~ , CFD No. 2003-01 (IA No.. 2) Page 0 (iii). Backup Special Tax The Backup Special Tax for each Assessor's Parcel of Developed Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall equal $9,423 per Acm for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July I of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No. 2003-01 (IA No. 2) shall be $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 1 Special Tax Requirement and levy the Special Tax in Zone 1 until the amount of Special Taxes levied in Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied in Zone 1 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 1 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Zone i Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 1 pursuant to steps two and three above, and City o£ Rancho Cucamonga December 9, 2002 CFD No. 2OO3-OI (IA No. 2) Page T ~ ~ q (i) all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003~01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Year, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax in Zone 2 until the amount of Special Taxes levied in Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied in Zone 2 each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property in Zone 2 in an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Propertyin Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; Third: if additional monies am needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may in any Fiscal Year levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 2 pursuant to steps two and three above, and (i) all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or (ii) the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Special Tax shall be levied on Public Property in Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property in Zone 2. CiO, o£Rancho Cucamonga December 9, 2002 CFD No. 3OO3-OI (IA No. 3) Page 8 J1~ F. REVIEW/APPEAL COMMITTEE Any taxpayer may file a written appeal o£the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the amount of the Special Tax shall be appropriately modified. The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the annual administration o£the Special Tax and any landowner or resident appeals. Any decision of the Council shall be final and binding as to all persons. G. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2003-01 (IA No. 2) 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 on delinquent Assessor's Parcels as permitted by the Act. H. PREPAYMENT OF SPECIAL TAX 1. Payment in Full Only an Assessor's Parcel of Developed Property, or Undeveloped Property for which a building permit has been issued, may be prepaid. The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2003-01 (IA No. 2) may only be prepaid after all authorized CFD No. 2003-01 (IA No. 2) Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No. 2003-01 (IA No. 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as described herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days prior to any redemption date for the CFD No. 2003-01 (IA No. 2) Bonds to be redeemed with the proceeds of such prepaid Special Taxes. Ci(y o£ Rancho Cucamonga December 9, 2002 CFD No. 2003-01 (IA No. 2) Page 9 The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the estimated Maximum Special Taxes for the entire Zone in which the Assessor's Parcel is located based on the Developed Property Special Taxes which could be charged in the current Fiscal Year on all expected development in such Zone, excluding any Assessor's Parcels in such Zone which have been prepaid; and 4. (a) For Assessor's Parcels in Zone 1, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone I Bonds to compute the amount of Outstanding Zone 1 Bonds to be retired and prepaid; or (b) For Assessor's Parcels in Zone 2, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the amount of Outstanding Zone 2 Bonds to be retired and prepaid (in either (a) or (b) above, the "Bond Redemption Amount"). 5. Multiply the Bond Redemption Amount for the appropriate Zone computed pursuant to paragraph 4 by the applicable redemption premium (e.g., the redemption price - 100%), if any, on the Outstanding Zone 1 or Zone 2 Bonds to be redeemed (the "Redemption Premium"). 6. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the Ci(y of Rancho Cucamonga December 9, 2002 CFD No. 2003-01 (IA No. 2) P,~ge 10 52 7 current Fiscal Year until the earliest redemption date for the Outstanding Zone 1 or Zone 2 Bonds, as applicable. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 8. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Zone I or Zone 2 Bonds, as applicable, to be redeemed with the prepayment. 9. Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8. 10. Compute the net present value of the amount computed pursuant to paragraph 9, using as a discount rate the rate of return reasonably assumed by the CFD Administrator in paragraph 8 (the "Defeasance Amount"). 11. The administrative fees and expenses of CFD No. 2003-01 (IA No. 2) are as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No. 2003-01 (IA No. 2) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Zone 1 or Zone 2 Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Zone 1 or Zone 2 Bonds, as applicable, as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, is below 100% of the reserve requirement (as defined in the Indenture). 13. If any capitalized interest for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, will not have been expended as of the first bond interest and/or principal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). City ot'Rancho Cucamonga December g, 2002 3 2~ CFD No. 2003-01 (lA No. 3) Page 1! 14. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "PrepaymentArnount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Zone 1 or Zone 2 Bonds, as applicable, or make debt service payments. The amount computed pursuant to paragraph 11 shall be retained by CFD No. 2003-01 (IA No. 2). The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of CFD No. 2003-01 (IA No. 2) Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of CFD No. 2003-01 (IA No. 2) Bonds or to make debt service payments. Upon confirmation of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel for which the Special Tax obligation is prepaid in full in accordance with this Section H.I., the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied within the entire Zone in which the Assessor's Parcel's Special Tax obligation is prepaid both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Zone 1 or Zone 2 Bonds, as applicable. 2. Prepayment in Part The Special Tax on an Assessor's Parcel of Developed Property and an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section H. 1; except that a partial prepayment shall be calculated according to the following formula: PP=PEXF These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1 Ci(g o£ Rancho Cucaraonga December 9, 2002 CFD No. 2003-01 (IA No. 2) Page F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. The owner of any Assessor's Parcel who desires such prepayment shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Special Tax, and (ii) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Pamel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section H. 1, and (ii) indicate in the records of CFD No. 2003-01 (IA No. 2) that there has been a partial prepayment of the Special Tax and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the remaining Maximum Special Tax, shall continue to be levied on such Assessor's Parcel pursuant to Section D. 1. TERM OF SPECIAL TAX The Special Tax shall be levied for a period not to exceed 50 years commencing with Fiscal Year 2003-04, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all required interest and principal payments on the CFD No. 2003-01 (IA No. 2) Bonds have been paid; and (ii) all Authorized Facilities have been constructed. K:lClients2~RanchoCucamongalVictoriaGardens~RMA~lmprovementArea2_3. doc Prepared: 12/9/02 CFD No. 2003-01 (IA No. 2') Page 13 5 ATTACHMENT A MAP OF ZONE 1 AND ZONE 2 PROPOSED BOUNDARIES SHEET1 OF1 SHEETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 2, ZONE I & 2 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA GRAPHIC SCALE I COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 2 ZONE 1 ASSESSOR PARCEL NUMBERS 229-021-62 229-021-63 229-021-64 ZONE 2 ASSESSOR PARCEL NUMBERS 227-211-39 227-211-40 227-211-41 227-211-42 227-211-43 RESOLUTION NO. ~.,~--~.~Z ~ RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA TO INCUR BONDED INDEBTEDNESS WITHIN EACH OF THE PROPOSED IMPROVEMENT AREA NOS. 1 AND 2 OF PROPOSED CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 RECITALS: WHEREAS, the CITY COUNCIL (the "City Council") o£the CITY OF RANCHO CUCAMONGA, California (the "City") has heretofore adopted Resolution No. (the "Resolution of Intention"), stating the City Council's intention to form City of Rancho Cucamonga Community Facilities District No. 2003-01 (the "District"), and two improvement areas therein (each an "Improvement Area"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 o£the Califomia Government Code (the "Act"), to finance facilities to serve the District, including incidental expenses, as further provided in the Resolution of Intention (the "Facilities"); and WHEREAS, the City Council estimates that the amount required to finance the Facilities is the sum of $20,000,000; and WHEREAS, in order to finance the Facilities it is necessary to incur bonded indebtedness on behalf of the Improvement Areas in the amounts of not to exceed $16,000,000 for Improvement Area No. 1 and $4,000,000 for Improvement Area No. 2, the repayment of which is to be secured by special taxes levied in accordance with Section 53340 et se_~q, o£the Act on all non-exempt property within the District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Bonded Indebtedness. It is necessary to incur bonded indebtedness within the boundaries of Improvement Area No. 1 of the proposed District in an amount not to exceed $16,000,000 and within the boundaries of Improvement Area No. 2 of the proposed District in an amount not to exceed $4,000,000 to finance the costs of the Facilities for the District. Section 2. Purpose. The bonded indebtedness for each Improvement Area will be incurred for the purpose o£ financing the cost of the construction, acquisition, completion and inspection o£ the Facilities, including incidental expenses, as more completely set forth in the Resolution of Intention, including Exhibit "A" thereto. Section 3. Terms. It is the intent of the City Council, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds for Improvement Area No. 1 in the maximum aggregate principal amount of $16,000,000 and one or more series o£bonds for Improvement Area No. 2 in the maximum aggregate principal amount of $4,000,000, at a maximum interest rate of 12 percent per annum or such rate not in excess of the maximum rate permitted by law at the time the bonds are issued. The term of the bonds of each series shall be determined pursuant to a resolution of the City Council authorizing the issuance of ~ ~23 ~\0074\7~0147.3 -1- j~e such series, but such term shall in no event exceed 30 years from the date of issuance of such series of bonds. Section 4. Heating. A public hearing (the "Heating") on the proposed debt issue shall be held February 5, 2003 at 7:00 p.m. or as soon thereafter as practicable, at the chambers of the City Council of the City of Rancho Cucamonga, 10500 Civic Center, Rancho Cucamonga, California 91730. Any interested persons, including all persons owning land or registered to vote within the proposed District, may appear and be heard at the Heating. Section 5. Voting. The propositions to incur bonded indebtedness in the maximum aggregate principal amounts of $16,000,000 and $4,000,000, respectively, shall be submitted to the qualified electors of Improvement Area No. 1 and Improvement Area No. 2, respectively, at a special election. Ballots shall be distributed to the qualified electors by mail with return postage prepaid or by personal service. Section 6. Published Notice. The City Clerk is hereby directed to publish a notice ("Notice") of the Hearing and the special bond election pursuant to Section 6061 of the Government Code in a newspaper of general circulation cimulated within the proposed District. Such Notice shall be substantially in the form specified in Section 53346 of the Act. The publication of the Notice shall be completed at least 7 days before the date herein set for the Hearing. Section 7. Mailed Notice. The City Clerk is hereby directed to send a copy of the Notice of the Heating by first-class mail, postage prepaid, to each registered voter and to each landowner within the proposed District as shown on the last equalized assessment roll. Mailing of the Notice shall be completed at least 15 days prior to the date of the Hearing. PASSED, APPROVED AND ADOPTED this 18th day of December, 2002. Mayor ATTEST: City Clerk 11231\0074\710147.3 -2- ~3 5 T H E C I T ¥ 0 F I~ANCHO CUCAMONGA Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City C~Jn~ FROM: Jack Lam, City Manager, AI~.P SUBJECT: Assignments to City Council Subcommittee and Outside Organizations The purpose of this agenda item is to provide you with information related to Council member assignments to various City Council subcommittees and community and regional organizations. It is recommended that the City Council consider the staff's recommendations and discuss assignments to the various subcommittees and organizations. Background After every Council reorganization, it is customary for the City Council to determine which members should be assigned to various subcommittees of the City Council as well as assign members to various community organizations and regional agencies. This also provides an opportunity to review the existing Council subcommittees and regional and community organizations to determine if each is still required or if it has met its objective and can be eliminated. City Council Subcommittee Assiqnments Currently, the City Council has a number of Council subcommittees, organized around specific subject areas. These subcommittees, each of which has two assigned Council members, make recommendations to the full City Council on related policy matters and Commission/Foundation appointments. Some of the subcommittees have defined meeting schedules; others meet on an as needed basis. Staff has reviewed the existing list of Council subcommittees and is proposing some modifications. Attached for your information is a listing of the proposed subcommittees, including detailed descriptions and areas of responsibility (Exhibit C). The City Council may wish to consider merging some of the existing subcommittees due to the compatibility of their assignments. Additionally, the Council may be interested in sunsetting several, because the committees' objectives have been completed. Chart A, entitled City Council Subcommittees, lists the existing subcommittees and the assigned Council members as of November 1,2002 as well as the revised list of committees that is being proposed for Council consideration. Those that are recommended for merger and elimination are identified. As you will see on Chart A, several committees related to Community Services (Park and Recreation) are recommended to be merged to a newly titled Community Services Subcommittee. This new subcommittee would assume the previous responsibilities of three subcommittees (Community Foundation, Park and Recreation Committee and Park and Recreation Facilities Subcommittee). These responsibilities would include Park and Recreation Commission and Community Foundation appointments, construction of park and recreation facilities, programs, and liaison to the Commission and Foundation. The existing Performing Arts Center Feasibility Study Ad Hoc Committee is recommended to transition to a Cultural Arts Facility Ad Hoc Committee, that will provide staff with feedback on items related to the design and construction of this new facility. In the area of Planning and Trails, it is also proposed that two existing subcommittees (Planning/Historic Preservation Commission Subcommittee and Rails to Trails Subcommittee) be merged to a newly titled Planning/Historic Preservation Subcommittee, which would assume the responsibilities of the two subcommittees. These responsibilities include appointments to the Planning/Historic Preservation Commission as well as the implementation of the Rails to Trails Plan. In the area of Redevelopment, it is further recommended that two subcommittees be merged (Redevelopment Marketing Subcommittee and Economic Development/Foothill Boulevard Task Force) to the Redevelopment Marketing Subcommittee. This subcommittee would provide feedback on the marketing of the City, review the Redevelopment Agency's marketing budget, and monitor the implementation of the Foothill Boulevard Visual Improvement Plan. Several subcommittees are recommended to sunset, due to the fact that the projects/areas of interest related to their work have been completed. These include the Mobile Home Accord Review Subcommittee, Multi-family DevelopmentJSignage Task Force, Central Park Task Force, General Plan Subcommittee and Historic Cultural Resource Mitigation Task Force. Community Organizations and Reqional Aqencies' Appointments The City Council also makes appointments to various community organizations and regional agencies. Council members are designated to represent the City to these groups. For some, the Council appoints both a Delegate as well as an Alternate. The community organizations and regional agencies have various meeting schedules, based on the needs of the individual organizations. Chart B, entitled Community Organizations and Regional Agencies, lists the various organizations and agencies to which the Council appoints representatives. Some of these groups focus on a specific project or service, such as the Route 30 Ad Hoc Task Force and involve members from various jurisdictions and the community. Others are regional organizations, such as Omnitrans and SANBAG that include a number of local government agencies and involve a broader area of service. It is recommended that the City continue participation in most organizations. Only in a few cases, the City Council may not wish to continue to appoint representatives. Several, i.e. Air Quality Management District Committee and the League of California Economic, Community Development, and Housing Subcommittee, are no longer in existence. Others, such as the Chamber of Commerce and the Inland Empire Division of the League of California Cities, do not require identified representation, and are open to all Council members to participate. And finally it is proposed to eliminate the Ontario Convention and Visitors Authority due to the fact that the City is no longer a member of that organization. In the case of the San Bernardino Associated Governments (SANBAG), the Mayor represents the City. This representation has also lead to his service on other regional, intercounty agencies, such as Metrolink and Southern California Association of Governments (SCAG). From his position on the SANBAG Board, the Mayor has been selected by the SANBAG Executive Board to serve as a representative to the SCAG Regional Council and Metrolink Board of Directors. Currently the Mayor is Vice-Chair of Metrolink (scheduled to be Chairman in January 2003) as well as Chairman of SCAG's Community, Economic and Human Development (CEHD) Committee. The Mayor is currently Vice Chair of the SANBAG Board, and will assume the Chairmanship in June 2003. The Mayor is also the predesignated representative to the City Selection Committee, per that Committee's charter. Because of the importance of these assignments and the value that leadership roles (which become available infrequently) have for Rancho Cucamonga, it is recommended that the Mayor retain the assignments to SANBAG, SCAG Regional Council, Omnitrans and the Metrolink Board of Directors. These leadership positions have been conferred on the Mayor because of his past experience and service to those agencies. It is likely we would lose these valuable leadership opportunities and the clout they bestow upon our community if the Mayor does not retain these assignments. City Council Subcommittees Chart A Existin.q Subcommittees Proposed Subcommittees Cable Television Subcommittee Cable Television Biane Subcommittee Curatalo Community Foundation Subcommittee Dutton Williams Park & Recreation Facilities Subcommittee Alexander Community Services Williams Subcommittee Park & Recreation Commission Subcommittee Dutton Williams Performing Arts Center Feasibility Study Ad Hoc Committee Cultural Arts Facility Ad Curatalo Hoc Committee Williams Chart A Page 1 City Council Subcommitteesmcontinued Chart A Existin.q Subcommittees Proposed Subcommittees Fire District Personnel Committee Alexander Fire District Personnel Biane Committee Housing Set Aside Subcommittee Alexander Housing Set Aside Biane Subcommittee Library Subcommittee Alexander Curatalo Library Subcommittee Planning/Historic Preservation Commission Subcommittee Alexander ~ Dutton Planning/Historic Preservation Subcommittee Rails to Trails Subcommittee Alexander Williams J qb Chart A Page 2 City Council Subcommittees--continued Chart A Existing Subcommittees Proposed Subcommittees Public Safety Subcommittee Curatalo Public Safety Williams Subcommittee Public Works Subcommittee Biane Public Works Williams Subcommittee Redevelopment Marketing Subcommittee Dutton Williams Redevelopment Marketing Subcommittee Economic Development/ Foothill Blvd. Task Force Biane Williams Chart A Page 3 City Council Subcommittees--continued Chart A Proposed to be eliminated-- Mobilehome Accord Review Subcommittee Alexander Dutton Alt.: Biane Multi-family Development/Signage Task Force Alexander Dutton Central Park Task Force Dutton Williams General Plan Subcommittee Biane Dutton Historic Cultural Resource Mitigation Task Force Williams Alt.: Alexander Chart A Page 4 Community Organizations and Regional Agencies Chart B Existin.q Organizations Proposed Or,qanizations AB 939 Solid Waste Task Force AB 939 Solid Waste Task Biane Force Alt.: Dutton (CLOUT) Baldy View Public Private Coalition (CLOUT) Baldy View Alexander Public Private Coalition Alt.: Williams City Selection Committee Alexander City Selection Committee North Etiwanda Preserve Alexander North Etiwanda Preserve Omnitrans Alexander Omnitrans Alt.: Williams Page 1 Community Organizations and Regional Agenciesmcontinued Chart B Existinq Orqanizations Proposed Or.qanizations Route 30 Ad Hoc Task Route 30 Ad Hoc Task Force Force Alexander (to be phased out in Williams March 2003) Alt.: Dutton Route 30 Corridor Design JPA Route 30 Corridor Design Williams JPA Curatalo Alt.: Alexander SANBAG Alexander SANBAG Alt.: Williams League of California League of California Cities--Inland Empire Cities--Inland Empire Division Legislative Task Division Legislative Task Force Force Williams Chart B Page 2 Community Organizations and Regional AgerlcieS--continued Chart B Proposed to be eliminated-- Air Quality Management District (AQMD) Committee Alexander Alt.: Biane Chamber of Commerce Representative Dutton Alt.: Williams League of California Cities--Inland Empire Division Williams Alt.: Dutton League of California Cities--Economic, Community Development & Housing Subcommittee Biane Ontario Convention & Visitors Authority Biane Alt..' Williams Chart B Page 3 CITY OF RANCHO CUCAMONGA Recommended City Council Subcommittees and Appointments Exhibit C The following is a brief synopsis of each of the Council Committees and Subcommittees. The summary is divided into two sections: (1) internal committees on which City Council members serve and (2) those which involve community organizations and regional agencies. CITY COUNCIL SUBCOMMITTEES The following are committees on which two Council members serve to consider assigned areas of City programs/functions, provide feedback to staff and make recommendations to the full City Council on policy matters and Commission/Foundation appointments. CABLE TELEVISION SUBCOMMITTEE Area of responsibility: Cable television franchises and oversight to RCTV-3. Meets as Needed DELEGATES: COMMUNITY SERVICES SUBCOMMITTEE Area of responsibility: Park and Recreation Commission, Community Foundation, Commission and Foundation appointments, construction of park and recreation facilities, and programs. Meets as needed DELEGATES: CULTURAL ARTS FA ClLITY AD HOC COMMITTEE Area of responsibility: Design and construction feedback related to the Cultural Arts Facility. Meets as Needed DELEGATES: FIRE DISTRICT PERSONNEL COMMITTEE Area of responsibility: Reviews employment eligibility lists prior to certification and other related personnel matters. Meets as needed, in accordance with Fire Department Rules and Regulations DELEGATES: HOUSING SET ASIDE SUBCOMMITTEE Area of responsibility: Reviews affordable housing needs and develops strategy and programs for Redevelopment Agency set-aside money. Meets first Tuesday of February at 8:30 a.m. and as needed DELEGATES: LIBRARY SUBCOMMITTEE Area of responsibility: Library and Library Foundation interests as well as Library Board of Trustees and Library Foundation appointments. Meets the first Tuesday of February at 9:00 a.m. and as needed DELEGATES: PLANNING/HISTORIC PRESERVATION SUBCOMMITTEE Area of responsibility: Planning/Historic Preservation Commission appointments and Rails to Trails Plan implementation. Meets as needed DELEGATE: PUBLIC SAPETY SUBCOMMITTEE Area of responsibility: Public safety issues, Meets first Tuesday of February at 10:30 a.m. and as needed DELEGATES: PUBLIC WORKS SUBCOMMITTEE Area of responsibility: Traffic and public works projects. Meets as needed DELEGATES: REDEVELOPMENT MARKETING SUBCOMMITTEE Area of responsibility: Marketing of the City, review of Redevelopment Agency marketing budget, and Foothill Boulevard Task Force. Meets first Tuesday of February at 9:30 a.m. and as needed DELEGATES: APPOINTMENTS TO COMMUNITY ORGANIZATIONS AND REGIONAL AGENCIES These appointments involve Council members representing the City to comm unity organizations and regional agencies. Most require the designation of both a Delegate and an Alternate. AB 939 SOLID WASTE ADVISORY 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 Elements, and to coordinate a cost effective regional solid waste management system. Meets Twice a Year in the Spring and Fall at Fisk Auditorium of the San Bernardino County Museum. DELEGATE: AL TERNA TE: CLOUT (BALDY VIEW PUBLIC PRIVATE COALITION) Provides a program of action for the public and private sectors on issues of area-wide importance. Meets the fourth Thursday of each month, 7:30 a.m., Ontario Marriott Hotel DELEGATE: AL TERNA TE: CITY SELECTION COMMITTEE The City Selection Committee is made up of all Mayors in San Bernardino County. its purpose is to select elected representatives to various bodies that include: Local Agency Formation Commission (LAFCO) and the Air Quality Management District (AQMD). 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. and as needed. Mayor is required to be representative. NORTH ETIWANDA PRESERVE Responsible for overseeing use and conservation of the North Etiwanda Habitat Preserve. This committee includes representatives from the City of Rancho Cucamonga, County Board of Supervisors, State Department of Fish and Game, U.S. Department of Fish and Wildlife, as well as at-large representatives of adjacent property owners. Meets as Needed DELEGATES: OMNITRANS OMNITRANS is a Joint Powers Agency that coordinates the public transit services of its member cities. Meets the first Wednesday of each month at Omnitrans Headquarters in San Bernardino at 8:00 a.m. DELEGATE: AL TERNA TE: ROUTE 30 AD HOC TASK FORCE Provides public forum for discussion of items related to Route 30/210 Freeway Meets as needed. Will phase out in Spring 2003. DELEGATES: AL TERNA TE: ROUTE 30 CORRIDOR DESIGN JOINT POWERS AUTHORITY Addresses Route 210 Freeway items for San Bernard ino and Los Angeles Counties. Meets the second Tuesday of each month at 10:00 a.m., meeting site rotates DELEGATES: AL TERNA TE: 3 SAN BERNARDINO ASSOCIA TED GOVERNMENTS The San Bemardino Associated Governments (SANBAG) is the regional transportation planning authority and Council of Governments for San Bernardino County. The City participates in SANBAG through a Joint Powers Agreement. Meets the first Wednesday of every month at the Norman Feldhym Library in San Bernardino at 9:30 a.m. DELEGATE: Alexander (Current Vice Chair, assumes Chair in June, 2003) ALTERNATE: Williams NOTE: The City's Delegate to the SANBAG Board of Directors may be appointed by the Board to also serve on intercounty agency boards, such as SCAG and Metrolink.2002. In this role, Mayor Alexander serves as a SANBAG representative to the following agencies. SCAG Regional Council (Metropolitan Planning Organization for six counties: Los Angeles, Orange, San Bernardino, Riverside, Ventura and Imperial. SCAG is mandated by the federal government to reseamh and draw up plans for transportation, growth management, hazardous waste management, and air quality.) Mayor Alexander's SCAG committee assignments include the Executive Committee, Administration Committee, and Community, Economic and Human Development (CEHD) Committee. Mayor Alexander is currently Chair of the CEHD Committee. Metrolink Board of Directors-- Metrolink Board is responsible for managing Southern California's commuter rail system. Mayor Alexander is currently Vice Chair of the Metrolink Board and will begin the two-year term as Chair of Metrolink in January, 2003. He also serves on the Executive Committee and Planning and Development Committee. INLAND EMPIRE DIVISION, LEAGUE OF CALIFORNIA CITIES: LEGISLATIVE TASK FORCE The Legislative Task Force of the Inland Empire Division works to share information and support on cities' legislative interests. Meet every other month at 2:00 p.m. at the Rancho Cucamonga Civic Center DELEGATE: Williams R A N C H O C U C A M O N G A Staff Report DATE: December 18, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director Joe O'Neil, City Engineer BY: Paula Pachon, Management Analyst III Karen McGuire-Emery, Senior Park Planner SUBJECT: Parks, Recreation Facilities and Community Services Update BACKGROUND In accordance with the City Council's request to become more informed of park and recreation facility issues, programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. PARKS AND FACILITIES UPDATE Day Creek Park (Previously Rancho Etiwanda Park): · The restroom building is approximately 95% complete. Plans for the tennis court fencing and wind screening have been reviewed by a structural engineer and are scheduled for installation. Ball fields are receiving topsoil. Play equipment has been ordered. South Etiwanda Park: · A topographic survey has been prepared of the site. Central Park: · The project is scheduled for the December 11th Planning Commission. The consultant is working on the Design Development submittal. City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 East Beryl Park: · Tot Lot walls are complete. Vehicular barrier walls are approximately 95% complete. The restroom is approximately 95% complete. Perimeter walkways are installed. Tot Lot equipment is on order. · Fluoresco Lighting washed and re-lamped both the east soccer fields lamps. The project is now complete. Sports Complex: · The soccer field renovation is complete and the fields are open for league play. B, COMMUNITY SERVICES UPDATE Senior Services: · The Senior Center will host a free festive Holiday Party on Thursday, December 19, 10:00 a.m. Special decorations, refreshments and holiday entertainment featuring the talented Broadway duo George and Joann Carr, will complete the program. · Come ring in the New Year at the Senior Center's New Year's Bash on Tuesday, December 31 at 10:00 a.m. The program will feature a concert by virtuoso, 12 year-old Saleena Gauba as well as festive decorations, plenty of refreshments, balloons, hats, music and noisemakers to go along with the cheer. · Rack 'em Up! The Senior Center is hosting a Senior Billiards Tournament on Friday, January 10, 2003. This double elimination tournament will feature refreshments, cash prizes and great play. The tournament is limited to the first 16 participants. Registration will continue at the Senior Center through January 9th. · The Senior Advisory Committee will not meet in December. Their next regular meeting is scheduled for Monday, January 27, 2003, at 9:00 a.m. at the Senior Center. · Over 1,000 seniors were immunized for flu on November 8th at our Annual Flu Shot Clinic. The County Public Health Department provided approximately 600 vaccinations. San Antonio Hospital, who also administered the vaccinations, provided the remainder. · A special tribute to Veterans was held at the Senior Center on November 7th for over 150 seniors. The program consisted of a special honor for Medal of Honor Winner Colonel Lewis MilleR, the Rancho Cucamonga High School Air Force Jr. R.O.T.C. presenting Colors, the Carl W. Schafer Quartet providing the entertainment, a recognition of each of the Veterans by branch of service and a stirring rendition of "Amazing Grace" by Rancho Cucamonga's own Andree' Nigro. · Twenty-eight crafters sold their original creations at the annual craft sale that was held on November 16th. Over 150 shoppers visited throughout the day including two very special guests from the North Pole. , City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 · The Senior Center hosted its second Thanksgiving Day dinner for over 80 seniors on Thanksgiving Day. This event took place on the actual holiday with an all-volunteer staff. Human Services: · Adopt-a-Child for Christma,~ - Senior Center staff, volunteers and patrons will be donating Christmas gifts to children at the Foothill Family Shelter during the holidays. The shelter will be having their Christmas Party in December where the center staff, volunteers and patrons will join the festivities and meet the children. · Commodity Distribution - On the first Monday of every month the San Bernardino County Food Bank provides surplus food to Iow-income residents of Rancho Cucamonga. Food is packed, distributed and delivered by Senior Center volunteers. The food is distributed at the Senior Center from 1:30 p.m. to 3:30 p.m. or until the food runs out. Our next distribution date is scheduled for danuary 6th. · Health Screeninq - Nurses from the San Bernardino County Department of Public Health offer free health assessments, blood pressure, height, weight and hemoglobin testing, counseling and referrals every second Tuesday of the month from 10:00 a.m. to 12:00 noon at the Senior Center. Walk-ins are welcome. Trips and Tours: · The City of Rancho Cucamonga provides a variety of trips and tours for all ages. Reservations can be made by mail or in person at the Senior Center. All trips leave from and return to the Senior Center. The following is a list of upcoming trips: · Rose Parade, January 1, 2003. Enjoy the world famous Rose Parade from premium grandstand seats along Colorado Blvd. Cost is $95.00 per person. · Palm Sprin,qs Follies, January 25, 2003. Flying Down to Rio! The fabulous Palm Springs Follies is a three-hour razzle-dazzle, song and dance vaudeville-style extravaganza showcasing the music and dance of the 30's and 40's. Each cast member is 55 to 88 years of age. Don't miss this incredible show. · Murder Mystery Dinner Theater, February 8, 2003. Embark on an evening train ride with an excellent dinner, hearty laughs and some less-than-serious sleuthing. Enjoy a first- class, full-course dinner, served while actors commit mirth and murder. Jump right in and help solve the murder, or simply sit back, be waited on and enjoy the show. All for only $95.00 per person. City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 Volunteer Services: · The table below summarizes the Community Services Department's usage of volunteers for the month of October 2002 as well as year-to-date statistics: Month: October 2002 YEAR TO DATE ~ of ~ of Volunteers # of Hours ; Value* Volunteers # of Hours $ Value* Admin 5 15 210 56 168 2,352 Sports 70 486 6,804 2,502 26,609 372,526 Sr & Human 54 250 3,500 543 3,347 46,858 Services Special 7 14 196 260 2,865 44,296 Events Youth 67 1,383 19,362 1,059 8,355 118,172 Programs TOTAL I203 I 2,448 I 30,072 I 4,420 I 44,344 I 584,204 I *Based on $14/hour. Teens: · During the month of November, 620 youngsters attended the Teen Center. As the school year progresses the Teen Center number will increase as well. · During the month of November, 124 youngsters used the homework room at the Teen Center. · The Teen Recreation Activity Club's (TRAC) bi-monthly babysitting service, Night on tho Town provided service to fifty-six (56) youngsters during the month November. · Over 39 TRAC teens participate in our monthly meetings during November. Total number of TRAC members participating in City programs in November was 65 youth. · Usage of the Spruce Park skate facility during the month of November was estimated at 975 skaters. Staff is still making regular weekly visits to the skate park to promote safe skating by handing out donated chips and beverages free to youngsters wearing their proper gear. Youth: · Our Playschool classes have filled up quickly for our fall session. Currently we have over 625 youngsters registered in classes at our four locations of Lions East, Lions West, Hillside Chumh and the Mulberry Early Learning Center. · The Mobile Recreation Program Fun on the Run is going strong. The program served over 800 youth during the month of November. The Mobile Recreation Unit had 2 rentals for the City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 month of November serving 80 participants. The Recreation Unit travels to the following park sites this fall: Weekday Park Location Program Time Monday Bear Gulch Park 2:30 - 5:00 pm Tuesday Old Town Park 2:30 - 5:00 pm Wednesday Hermosa Park 2:30 - 5:00 pm Thursday Mountain View Park 2:30 - 5:00 pm Friday Windrows Park 2:30 - 5:00 pm Grants: · The Teen Connection grant provides Community Services staff with the opportunity to be on our local high school campuses each week during the lunch hour to inform our young adults about volunteer opportunities as well as special programs/events available through our Department. During the month of November staff worked with over 1,570 students sharing ideas and potential projects for community service. · Youth Enrichment Services (YES) grant is funded through First Five of San Bernardino (formerly the Children and Families Commission for San Bernardino County). This grant program focuses on providing services and programs to families/caregivers with young children ages 0-5. Over the past month our attendance has been increasing at both the Mulberry FACTS (Family Assistance, Computer, Training and Services Center) Center site as well as our Lions East FACTS Center. During the month of November, 1,290 community members visited the Lions East FACTS Center and 1,162 visited the Mulberry FACTS Center. For the same period, 223 parents attended our 10 parent education classes. Staff also performed over 102 car safety inspections for parents during the month. Classes: · Our recreation classes are doing very well and our enrollment for fall is high. Currently we have over 2,553 participants registered into our contract classes for the fall session. Youth Sports: · The Sports Advisory Committee will not meet during the month of December. The next regularly scheduled meeting of the Committee will be held on January Sth at 7:00 p.m. at the Civic Center. · The table below summarizes youth sports activities for the reporting period: Activity I # of Participants I A~le/Gender i # Teams Pee Wee Basketball 234 r 3-5/boys & girls 24 Youth Flag Football 210 6-13/boys & girls 18 Youth Basketball 992 6-15/boys & girls 124 City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 RC Family Sports Center: · The table below provides drop-in/open play participation at the Center for the reporting period: Activity # of Participants Adult Basketball 550 Youth Basketball 844 Adult Racquetball 327 Youth Racquetball 30 Adult Volleyball 99 Youth Volleyball 253 · The table below summarizes organized adult activity at the Sports Center during the reporting period: Activity # of Participants Age/Gender # Teams Adult Racquetball 14 Adult/Males N/A Adult Basketball (full court) 100 Adult/Males 10 Adu t Basketball (3-on-3) 50 Adult/Males 10 Adult Sports: · Three adult softball tournaments will take place at the Epicenter and Adult Sports Complex during the month of December. · Thirty-four adults are participating in our tennis leagues this fall. · The table below summarizes adult sports activities at the Epicenter for the reporting period: Activity # of Participants #Teams Gender Softball 2,688 168 Male/Female Soccer 784 49 Male/Female Non-Profit Sports Organizations: · Bi-annually, the Community Services Department, through the Sports Advisory Committee allocates sport fields for non-profit orqanized youth sport lea.ques. For the reporting period, 11 non-profit sport groups utilized 18 City parks and had 226,038 participants and spectators enjoying our parks during both practices and game times. Community Wide Special Events: · The calendar on the following 3 pages provides a listing of the Department's upcoming special events for the year 2003. On a bi-monthly basis, Community Services staff will be updating the Council with a special memorandum providing more detailed information concerning each month's special events. City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 DATE EVENT LOCATION TIME JANUARY 15th Senior's Hospitality Dinner RC Senior Center 5 p.m. 17th Senior's Pool Tournament RC Senior Center 9 a.m. 24th Teen January Jam (All Night Party) RC Family Sports Center 10 p.m. - 8 a.m. 26th Senior's Super Bowl Party RC Senior Center TBA FEBRUARY 1st Babysitter's Workshop Deer Canyon. Elem. School 9 a.m. - 12 p.m. 13th Senior's Valentine's Day Party RC Senior Center 10 a.m. 15th Teen Valentine's Day Dance RC Family Sports Center 7 p.m. - 10 p.m. MARCH TBA Senior's Golden Follies Montclair Community Ctr. TBA 7th Senior's Roman Banquet RC Senior Center 5 p.m. 13t' Senior's St. Patrick's Day RC Senior Center 10 a.m. 20t~ Career Expo RC Family Sports Center 6:30 - 8:30 p.m. APRIL 4th-6th "Once Upon a Mattress" Production Alta Loma High School 2 p.m. & 7:30 p.m. 5~h Youth Track & Field RC High School 7:30 a.m, 5th Senior's Fine Art Show RC Senior Center 10 a.m. 11 th Senior's Pool Tournament RC Senior Center 9 a.m. 17~ Senior's Spring Fling RC Senior Center 10 a.m. 19th Kids Fest RC Epicenter 10 a.m. 26th Senior's VIP Card Party RC Senior Center 9 am - 3 pm MAY 2nd Senior's Cinco de Mayo RC Senior Center 10 a.m. 3~ Cinco de Mayo Old Town Park 10 a.m. 10th Senior's Mother's Day Brunch/Tea RC Senior Center 11 a.m. 10th Silver Anniversary Event RC Epicenter TBA 14th Senior's Hospitality Dinner RC Senior Center 5 p.m. 17th Senior's VIP Yard/Parking Lot Sale RC Senior Center 10 am JUNE 3rd Playschool Graduation Red Hill Community Park 6 - 7:30 p.m. 5th Rancho Nights/Concerts Red Hill Community Park TBA 6th Senior's International Cuisine Dinner RC Senior Center 6 p.m. 7th Teen Summer Kick Off Dance RC Family Sports Center 7 p.m. - 10 p.m. 12th Rancho Nights/Concerts Red Hill Community Park TBA 19th Rancho Nights/Concerts Red Hill Community Park TBA 21 st Senior's Employment Fair RC Senior Center 9 a,m, 26th Rancho Nights/Concerts Red Hill Community Park TBA City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 DATE EVENT LOCATION TIME JULY 3rd Senior's Independence Day Celebration RC Senior Center 10 a.m. 4th July 4th Fireworks & Celebration Chaffey College 5 p.m. 7th Movies in the Park TBA Dusk 9th Movies in the Park TBA Dusk 10th Rancho Nights/Concerts Red Hill Community Park TBA 11 th Movies in the Park TBA Dusk 11 th Senior's Pool Tournament RC Senior Center 9 a.m. 14th Movies in the Park TBA Dusk 16th Movies in the Park TBA Dusk 17th Senior's Ice Cream Social & Game Show RC Senior Center 1:30 p.m. 17th Rancho Nights/Concerts Red Hill Community Park TBA 18th Movies in the Park TBA Dusk 21 st Movies in the Park TBA Dusk 23rd Movies in the Park TBA Dusk 24th Rancho Nights/Concerts Red Hill Community Park TBA 25t~ Movies in the Park TBA Dusk 28th Movies in the Park TBA Dusk 30th Movies in the Park TBA Dusk 31st Rancho Nights/Concerts Red Hill Community Park TBA AUGUST 1 ~ Movies in the Park TBA Dusk 4th Movies in the Park TBA Dusk 6th Movies in the Park TBA Dusk 7~ Rancho Nights/Concerts Red Hill Community Park TBA 8th Movies in the Park TBA Dusk 9th Senior's Antique Road Show RC Senior Center 10 a.m. 11 ~ Movies in the Park TBA Dusk 13~ Movies in the Park TBA Dusk 14~ Rancho Nights/Concerts Red Hill Community Park TBA 15th Movies in the Park TBA Dusk 21 ~ Rancho Nights/Concerts Red Hill Community Park TBA 17"~ or 24th Family Entertainment Series RC Epicenter 6 p.m. 21st Senior's Hawaiian Luau RC Senor Center 10 a,m. 28th Rancho Night/Concerts Red Hill Community Park TBA SEPTEMBER 17th Senior Hospitality BBQ Dinner RC Senior Center 5 p.m. 18th Senior's VIP Picnic Red Hill Comm. Park 10 a m. - 2 p.m. 27th Back to School Dance RC Family Sports Center 7 p.m. - 10 p.m. OCTOBER 10th Senior's Pool Tournament RC Senior Center 9 a.m. 1 l~h Senior's VIP Fashion Show RC Senior Center 9 a.m. 16t' College Fair RC Family Sports Center TBA 25th Teen Monster Bash Dance RC Family Sports Center 7 p.m. - 10 p.m. 25t' Pumpkin Carving Workshop Red Hill Community Park 9:30 a.m. & 11 a.m. 30t~ Senior's Halloween Spooktacular RC Senior Center 10 a.m. City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 DATE EVENT LOCATION TIME NOVEMBER 6th Senior's Veteran's Day Program RC Senior Center 10 a.m. 7th Senior's Flu Clinic RC Senior Center TBA 8t~ Founder's Day Parade Baseline-Amhibald to Vineyard 9:30 a.m. 8th Founder's Day Celebration Red Hill Community Park 10 a.m. -2 p.m. 15~h Senior's Crafty Senior Craft Sale RC Senior Center 9 a.m. - 2 p.m. DECEMBER 6th Breakfast with Santa RC Senior Center 8 a.m., 9 a.m., 10 a.m. 14th Senior's VIP Christmas Dinner RC Senior Center 11 a.m. 18th Senior's Holiday Party/New Years Party RC Senior Center 10 a.m. TBA - To Be Announced Parks and Facilities: · The table below provides information on park/special use facility reservations for the month of November 2002: Location Attendance Number of Number Hours of Use Applications Processed of Rentals Red Hill 360 9 9 33 Community Park Heritage Community 345 8 8 29 Park Hermosa Park 25 1 I 5 Milliken Park 20 1 1 3 Coyote Canyon Park 30 I 1 4 Civic Center 0 0 0 0 Courtyard Amphitheater 0 0 0 0 Equestrian Center 220 4 4 74 Total 1,000 24 24 148 Heritage Park Equestrian Center: · Equestrian Center usa.qe for the month of December 2002 is shown in the table below: Group Date Event/Time Frame Alta Loma Riding Club December 5tn Board Meeting/7:30p.m.-9:30 p.m. Rising Stars of December 8t~ Annual Christmas Show/8:00a.m.- 5:00p.m. Equestrian Therapy 4-H Club December 13th Christmas Party/6:00p.m.-9:00p.m. Alta Loma Riding Club December 15t~ Playday/8:00a.m.-4:00p.m. City Council Parks, Recreation Facilities and Community Services Update December 18, 2002 Park and Recreation Commission: · The next meeting of the Park and Recreation Commission will be on January 16th. Rancho Cucamonga Community Foundation: · The following items were discussed at the Foundation's December 10, 2002 meetinq: Update on Cultural Center project. Consideration of additional board prospects. Consideration of a request for funding from the Rancho Cucamonga High School Mamhing Band Booster Club. ~ Approval of renewal of Directors and Officers Liability Insurance for 2003. Rancho Cucamonga Epicenter: In preparation of the 2003 Quakes baseball season, the Epicenter field is down for renovation between now and February 2003. The field renovation will, of course, limit staff's ability to rent the facility during this time frame. · Staff is in the process of developing a 5-minute Epicenter marketinq video of the facility. This piece will provide potential users/renters of the facility with an up close look at all of the amenities that the facility has to offer. Copies of the video will be available in both CD and VHS format and will also be loading onto the Epicenter's website. · Staff is in the process of developing marketin.q packets for the Epicenter to be sent to potential film producers and other rental opportunities. Community Services Director City Engineer htCOMMSERV~Council&BoardsICityCouncil~StaffReportst2OO21update 12.18. 02. doc Introduction ........................................................................................................................................... The environment -- conditions prevalent at the time of plan adoption ...................... 2 Implementation plan goals and objectives ............................................................................... 5 Capital improvements ........................................................................................................................ 6 Commercial/industrial enhancement ...................................................................................... 17 Community/cultural facilities ....................................................................................................... 34 Affordable housing .......................................................................................................................... 38 Conclusion ........................................................................................................................................... 52 Comments ........................................................................................................................................... 56 Figures & Tables Figure I. Redevelopment Project Area ....................................................................................... 3 Figure II. Percent of Community under/over 65 ................................................................ 46 Table I. Current Capital Improvement Projects ................................................................... 14 Table II. Potential Capital Improvement Projects ................................................................ 16 Rancho Cucamonga Redevelopment Agency i 2000-2005 Implementation Plan M/d-Cycle Review Table iii. Economic Enhancement Projects ........................................................................... 33 Table IV. Community/Cultural Enhancement Projects .................................................... 37 Table V. Housing Projects/Programs ...................................................................................... 43 Table VI. 1999 Regional Housing Needs Assessment ...................................................... 44 Table VII. Rancho Cucamonga Assessment -- 2002 ......................................................... 44 Table VIII. Affordable Housing Unit Summary .................................................................... 45 Table IX. FY'99-'00 Housing Fund Expenditures ................................................................. 47 Table ×. FY'00-'01 Housing Fund Expenditures .................................................................. 48 Table ×1. FY'01-'02 Housing Fund Expenditures ................................................................. 49 Table ×11. FY'02-'03 Housing Fund Expenditures ............................................................... 50 Table XIII. Total Housing Revenues/Expenditures -- FY'99 through FY'03 ............. 51 Rancho Cucamonga Redevelopment Agency ii 2000-2005 Implementation Plan M/d-Cycle Review The California Health and Safety Code Section 33490 requires Redevelopment Agencies to adopt an Implementation Plan to carry out the goals and objectives of the Redevelopment Plan. The Implementation Plan must be adopted every five years and contain specific goals and objectives, along with specific programs and potential projects and expenditures for the next five years, as well as a description of how those projects will eliminate blight in the project area. This section of the Health and Safety Code further requires a public hearing and review of the progress of the Implementation Plan no later than three years following adoption. In compliance with this requirement, this report establishes the Redevelopment Agency's activities and progress in meeting the goals and objectives of the Rancho Cucamonga Redevelopment Agency Implementation Plan during the past three years. Rancho Cucamonga Redevelopment Agency 7 2000-2005 Implementation Plan Mid-Cycle Review conditions prevalent at the time of plan adoption The selection of the Rancho Cucamonga Redevelopment project area was generally based on a desire to eliminate the potential health and safety hazards within the proposed project area caused by lack of public improvements, which are essential to service anticipated growth. These deficiencies included a number of deterrents to development, such as inadequate flood control channels and an inadequate circulation system throughout the proposed project area, along with physical and economic blighting conditions, such as deteriorated and substandard structures, and the lack of safe, affordable housing. The high cost associated with these improvements had deterred major property owners from developing and/or rehabilitating affected properties. Selection of the project area was also based on the desire to revitalize the existing commercial uses along Foothill Boulevard (a key commercial corridor), and to assist in rehabilitating residential sites within the project area. The boundaries of the Redevelopment Project Area are depicted in Figure 1. Rancho Cucamonga Redevelopment Agency 2 2000-2005 Implementation Plan M/d-Cycle Review conditions prevalent at the time of plan adoption Figure I. Redevelopment Project Area. ~ LEGEND i /~/ City Boundary /~ Major Streets i ~ Redevelopment Project Area > 8Ih SI 6~h S~ 4th St 05 0 05 Mil~, Rancho Cucamonga Redevelopment Agency 3 2000-2005 Implementation Plan Mid-Cycle Review conditions prevalent at the time of plan adoption The Rancho Cucamonga Redevelopment Plan, Report to Council, and the Environmental Impact Report submitted in support of the original plan adoption (1981) and its subsequent amendments in 1987 (Plan Amendment #1), 2001 (Plan Amendment #2) and 2002 (Plan Amendment #3) identified existing blighting influences in the project area. These blighting conditions specifically included: 1. Deteriorated and substandard structures; 2. Deterrents to development due to inadequate flood control improvements; 3. Incompatible and shifting land uses; 4. Underutilized vacancies along Foothill Boulevard, which are indicative of the economic deterioration of this area; 5. Lack of adequate circulation system throughout the project area; 6. Lack of adequate open/recreational space; 7. Lack of sufficient decent and safe affordable housing to meet the need of the community's Iow- and moderate-income families; 8. Lack of adequate fire protection facilities to service the project area. /~ancho Cucamonga/~edevelopment Agency 4 2000-2005 Implementation Plan Mid-Cycle/~eview The Rancho Cucamonga Redevelopment Agency Implementation Plan provides a description of programs that have been, and will be, used to alleviate blighting conditions in the project area. Each of the Agency's activities is categorized under four distinct program areas: Capital Improvements; Commercial/Industrial Economic Enhancement; Community/Cultural Facilities; and Afl~ordable Housing. During the past three years, the Rancho Cucamonga Redevelopment Agency has been very aggressive in establishing projects to further the goals and objectives of the Redevelopment and Implementation Plans. The following information provides an overview of blighting conditions that existed prior to adoption of the Redevelopment Plan; a general description of the Agency's accomplishments in addressing those conditions during the first three years of the 2000-2005 Implementation Plan; and the projects or programs that are planned over the next t~o years. /~ancho Cucamonga/~edevelopment Agency 5 2000-2005 Implementation Plan Mid-Cycle/~eview Goal: The Agency continues to implement capital improvement programs, including the Foothill Boulevard Implementation Plan, the Master Plan of Storm Drains, the Etiwanda/San Sevaine drainage system, and the completion of the Master Plan of Fire Facilities to provide adequate fire protection for the project area. Accomplishments: The Redevelopment Agency recognizes the impact that infrastructure improvements can have on the overall enhancement and economic viability of the project area. Consequently, the Agency's assistance in the completion of major infrastructure improvements has stimulated substantial investment in the redevelopment project area by the private sector, as evidenced by the development of approximately two million square feet of new industrial buildings that has recently been constructed. The Redevelopment Agency's contributions toward offsite improvements, and its investment in projects such as the Lower Hermosa Storm Drain project, have resulted in many new companies locating within the project area, creating additional opportunities for employment. The following information describes the Agency's accomplishments in implementing capital improvement programs during this reporting period. /~ancho Cucamonga/~edevelopment Agency 6 2000-2005 Implementation Plan Mid-Cycle/~eview Foothill Boulevard Improvements. Construction has now been completed on Phase I and Phase II of the Foothill Boulevard Improvement Program, which has included substantial median work, including general construction and landscaping enhancements. The project has significantly improved traffic circulation along the city's primary retail/commercial corridor, and has helped revitalize portions of the boulevard. Phase I of the project, which included an area from Vineyard Avenue (east) to Ramona Avenue, was completed in September 2000. The second phase of the project, which included an area from Ramona Avenue (east) to Haven Avenue, was completed in June 2007. Phase III will consist of additional median improvements along Foothill Boulevard from Vineyard Avenue (west) to the city's western gateway. Additionally, the city is working to gain oversight responsibility of the boulevard, which is due to be relinquished from the State in 2003. This will help expedite further investment and improvements along the corridor, which will help raise awareness of local businesses and promote general tourism in the area. Rancho Cucarnonga Redevelol~ment Agency 7 2000-2005 Implementation Plan Mid-Cycle Review Upper Hermosa Storm Drain & Improvement Project. This master-planned storm drain project includes a section that is generally located in the central commercial/retail area of the City, which has traditionally been plagued by storm water runoff during the annual rainy season. This has resulted in ongoing damage to existing infrastructure and/or potential damage to affected residences and businesses, and has also proved to be a detriment to traffic circulation and access to local businesses. Specifically, the project includes portions of Foothill Boulevard (between the Deer Creek Channel and Hermosa Avenue), and part of Hermosa Avenue (between Foothill Boulevard and Church Street). Phase I construction was completed in 2000, and Phase II of the Hermosa Storm Drain project is anticipated to be completed by December 2002. This project is a cooperative effort between the City of Rancho Cucamonga and the County of San Bernardino, and will provide much needed flood protection for businesses and residences located in the central portion of the project area. Lower Hermosa Storm Drain & Improvement Project. The Lower Hermosa Storm Drain & Improvement Project has already enhanced traffic circulation, mitigated flood control risk, provided infrastructure improvements, and assisted in the elimination of blighted conditions in an industrial district generally located in the /~ancho Cucamonga/~edevelopment Agency 8 2000-2005 Implementation Plan Mid-Cycle/~eview southern portion of the redevelopment project area. Phase I, which has now been completed, included storm drain and associated street improvements from the City's southern border at 4th Street (north) to 6th Street. Phase II construction began in August 2002, and will extend the storm drain/street improvements further north to the Metrolink rail line, with completion anticipated by November 2002. Previously, the area needed extensive improvements that proved to be cost-prohibitive for developers and landowners that desired to develop the affected properties. As a result of the Agency's infrastructure investment, several buildings have either been built, or are under construction in this area, accounting for nearly 2 million square feet of new industrial development. Fire Facilities Master Plan. Under a Cooperative Agreement with the Rancho Cucamonga Fire Protection District, the Agency has reserved a portion of its tax increment for the purpose of providing adequate fire protection facilities for the redevelopment project area. Due to projected growth estimates, the Master Plan calls for the construction and equipping of three new fire stations, a vehicle maintenance facility, fire training facility, and fire administration facility. Two new /~ancho Cucamonga/~edevelopment Agency 9 2000-2005 Implementation Plan Mid-Cycle/~eview fire stations were constructed in 1992, and the maintenance facility (housed at Station #174, located in the redevelopment project area's industrial district) was completed in December 2001. In addition to these activities, property has been acquired for the remaining facilities, which include an additional fire station and the fire administration facility. Fire Station #173 is currently in the architectural design phase. Construction of the new station, located in a quickly developing residential/commercial area that is just north of Base Line Road at Day Creek Boulevard, is expected to begin in 2003. Fire Station #173 will replace an outdated temporary/leased facility that has been used for the past several years. Route 30/Day Creek Boulevard Connection Project. Construction has been completed on the Route 30/Day Creek Boulevard Connection project. The project included installation of the two westerly lanes of Day Creek Boulevard, streetlights, and traffic signals, and connects the project area to the new 210 Freeway extension, which opened in November 2002. Day Creek Boulevard, a key north-south travel route servicing the eastern section of the city, will improve Rancho Cucamonga Redevelopment Agency 70 2000-2005 Implementation Plan Mid-Cycle Review traffic circulation in this part of the project area and provide infrastructure improvements for future public safety facilities. Etiwanda/'San Seviane Project. In 1982, the Redevelopment Agency entered into an agreement with the San Bernardino County Flood Control District for the improvement of the Day Creel~Etiwanda Creek Flood Control System. This flood control channel was completed in 1992. However, the original agreement was expanded in 2001 to include flood control improvements to the Etiwanda/San Seviane System, which will benefit the southeastern portion of the Redevelopment Project Area. The Agency continues to work with the County, and has, to date, conducted environmental studies and preliminary design work for the necessary improvements. Corporate Yard Phase II. The Redevelopment Plan identified the need to improve and expand basic infrastructure in order to meet the demand of development within the project area. In order to provide basic public maintenance services, and to ensure a superior quality of life for all city residents, expansion of the /~ancho Cucamonga/~edevelopment Agency 77 2000-2005 Implementation Plan Mid-Cycle/~eview maintenance infrastructure was needed at the Corporate Yard. This project included the construction of a 15,000 square foot warehouse building for the city yard. The project was completed in May 2002 1-15 Base Line Interchange. Currently, a study is underway to widen the on- and off- ramps for the Base Line/I-15 interchange. This project will help to improve traffic circulation in the northeastern portion of the project area, which is quickly developing with new residential and commercial projects. Haven Avenue Railroad Underpass/Grade Separation and 8~ Street Realignment. To better facilitate circulation along Haven Avenue, the City's primary north-south transportation corridor, and to help mitigate the impacts of increased rail activity, the Agency has begun work on the Haven Avenue Railroad Underpass/Grade Separation project. During this reporting period, a contract was awarded for design, and completion of the project is anticipated in 2004. /~ancho Cucamonga/~edevelopment Agency 72 2000-2005 Implementation Plan Mid-Cycle/~eview summary table -- current capital improvement projects A substantial portion of the Redevelopment Agency's annual tax increment must cover debt service for established projects, as well as pass-through agreements to school districts and other public entities. The remaining revenue will be allocated to various potential projects as part of the Redevelopment Agency's annual budget. The potential projects identified below are representative of those opportunities known to the Agency to exist at this time in the project area, and are not intended to represent every potential project that exists. The Redevelopment Agency must be able to respond to opportunities to alleviate blight in the project area; therefore, new programs and/or opportunities may arise within the next t~vo years that will affect priorities. These potential projects must also rely on the regional economic climate, the ability of private or other public sector involvement, and the Redevelopment Agency's ability to maintain or increase tax revenue. The Agency also recognizes that as the Redevelopment Project Area ages, existing infrastructure deterioration and blighting conditions identified in the Redevelopment Plan may become prevalent. Should unforeseen needs arise, the Redevelopment Agency may elect to respond to those conditions as a priority. The following table summarizes the capital improvement projects addressed in this reporting period. The information highlights each specific project, the associated objective for eliminating blight, and the total estimated expenditures. /~ancho Cucamonga/~edevelopment Agency 7 3 2000-2005 Implementation Plan Mid-Cycle/~eview summary table -- current capital improvement projects Table I. Current Capital Improvement Projects. Foothill Boulevard Elimination of under-utilized parcels, Improvements (includes substandard structures, improved $15,000,000 Baker Bridge work) circulation system Upper Hermosa Storm Improved circulation system, provision Drain & Improvement of adequate flood control $5,900,000 Project Lower Hermosa Storm Improved circulation system, provision Drain & Improvement of adequate flood control $6,500,000 Project. Fire Station No. #173 Provision of Fire Facilities to protect $3,500,000 (Fire Masterplan) project area Fire Admin. Building Provision of Fire Facilities to protect $4,200,000 (Fire Masterplan) project area Rancho Cucamonga Redevelopment Agency 7 4 2000-2005 Implementation Plan Mid-Cycle Review summary table -- current capital improvement projects Table I. Current Capital Improvement Projects (continued). Route 30/Day Creek Improved circulation system, provision of Boulevard Connection adequate flood control $475,000 Project. . Corporate Yard Phase II Elimination of underutilized and irregular $859,000 parcels. Etiwanda/San Seviane Improved traffic circulation system; $16,000,000 Project provision of adequate flood control Haven Ave. Railroad Improved traffic circulation system; Underpass/Grade provision of adequate flood control $14,800,000 Separation & 8~h Street Realignment I-15/Base Line Interchange Improved traffic circulation system; $6,000,000 provision of adequate flood control . Rancho Cucamonga Redevelopment Agency ] 5 2000-2005 Implementation Plan Mid-Cycle Review summary table -- potential capital improvement projects Table II. Potential Capital Improvement Projects. Fire Training Facility Provision of Fire Facilities to protect $5,300,000 (Fire Masterplan) . project area Police Facility Addition Improved public safety for $5,488,000 residents/businesses th Street Improvements adequate flood control 6m Street Extension (Day Improved circulation system, provision of Creek Channel to adequate flood control $1,000,000 Etiwanda) 8tn Street - Hermosa to Improved circulation system, provision of Haven - Storm Drain and adequate flood control $4,800,000 Street Improvements Rancho Cucamonga Redevelopment Agency ~ 6 2000-2005 Implementation Plan Mid-Cycle Review Goal: The Agency's efforts to enhance the commercial/industrial sector of the City's business community consists of a variety of programs designed to address Rancho Cucamonga's needs for business attraction, retention, and expansion. Accomplishments: The Redevelopment Agency recognizes the diverse needs of businesses and has adopted an economic development strategy to retain and attract businesses that will strengthen Rancho Cucamonga's economic base. During the past three years, over 1,676 new businesses began operation in Rancho Cucamonga, including 1 76 industrial firms. The following summary provides a general description of the Agency's accomplishments in achieving its Commercial/Industrial Enhancement Program goals. /~ancho Cucamonga/~edevelopment Agency 7 7 2000-2005 Implementation Plan Mid-Cycle/~eview Regional Center. In 1987, the Redevelopment Agency acquired, and has retained an interest in, an approximate 147-acre site north of Foothill Boulevard and west of the I-15 freeway for a potential regional shopping center. On February 20, 2002, the Agency approved a Disposition and Development Agreement with Forest City Development for the construction of a 1.2 million square foot regional shopping center. The project, which will include a regional shopping center and cultural arts center (including a performing arts theater and library) is anticipated to open in the Fall of 2004. It is estimated that this project -- which will have a significant economic impact on the community -- will provide approximately 3,000 new permanent and part-time jobs for local residents, and serve as a catalyst for further development in the eastern portion of the City. The Agency has also supported the landowner's request to form a Community Facilities District to provide the necessary public infrastructure for the residential and commercial property in this area. Since a portion of these public improvements will directly benefit the Agency's 147 acres, the Agency advanced the cost allocation to the CFD. This cost will be reimbursed to the Agency as designated in the DDA. Community Facilities District 2001-01 is an important step in the development of this more than 300 acres of land that was hindered by development due to inadequate infrastructure. Construction of Phase I began in August 2002, and /~ancho Cucamonga/~edevelopment Agency 78 2000-2005 Implementation Plan Mid-Cycle/~eview includes storm drain and sewer improvements, along with the extension of Day Creek Boulevard (south of Base Line Road to Church Street) and the continuation of Church Street (from Rochester Avenue to Etiwanda Avenue). The completion of CFD 2001-01, as well as subsequent infrastructure improvements, will allow new development to take place on this vacant parcel, which is located adjacent to the 15 Freeway (east) and Foothill Boulevard (south). Construction of Phase II, which will include an additional extension of Day Creek Boulevard (south of Church Street to Foothill Boulevard), is scheduled to begin April 2003. Completion of both Phase I and Phase II is anticipated in October 2004. Banner Promotion Program. Developed in 1997 to encourage community pride and to attract customers to primary retail-commercial corridors within the city, the Rancho Cucamonga Redevelopment Agency has supported an ongoing banner program. In 2002, a sponsorship component was added to the program, which provides an opportunity for local businesses to enhance their efforts in attracting customers that are necessary to sustain positive economic growth. The Banner Promotion Program, which offers business banners at major intersections along Foothill Boulevard and Base Line Road, has received positive feedback from merchants. The Agency will continue to support this activity in the future. /~ancho Cucamonga/~edevelopment Agency 79 2000-2005 Implementation Plan Mid-Cycle/~eview Electrical Certification Program. To date, 25 companies have been assisted through the Agency's Electrical Certification Program. This program was developed to assist local manufacturers in complying with the National Electrical Code requirement for safety certifications for all manufacturing equipment. The program is designed to assist companies by providing Iow-cost inspection services and certification, thereby extending their ability to reduce costs and remain competitive. New Business Receptions. The Redevelopment Agency continues to host its New Business Receptions for businesses beginning operations in Rancho Cucamonga. The purpose of the receptions is to acquaint new business owners/operators with city personnel and procedures, and to provide information regarding other business support services. Representatives from the Chamber of Commerce, Chaffey Community College, and the Small Business Development Center are also active participants in the New Business Receptions. /~ancho Cucamonga/~edevelopment Agency 20 2000-2005 Implementation Plan Mid-Cycle/~eview Economic Development Strategy. The Redevelopment Agency approved an Economic Development Strategy in 1996 to provide a competitive assessment, target business cluster analysis, and a strategic plan for the Agency's economic development programs. The Rancho Cucamonga Redevelopment Agency staff continues to implement many of the strategies suggested under the initial economic development plan, resulting in new programs that support business development. Due to the economic changes that have taken place within the community since 1996, the Agency determined that it is appropriate to update the plan. Thus, In June 2002, the Agency retained the services of the firm Economics & Politics, Inc. to provide a comprehensive update of the Economic Development Strategic Plan. Due to be completed by year-end, the updated Economic Development Strategic Plan will provide the Agency with data, strategies, and implementation measures that are conducive to the current business environment, as well as the economic issues that the community may face over the next few years. Fax On Demand. The Agency has developed a fax-on-demand program to provide immediate access to information for companies interested in locating in the City. By calling a toll-free telephone number, companies may obtain /~ancho Cucamonga/~edevelopment Agency 2 1 2000-2005 Implementation Plan Mid-Cycle/~eview information on demographics, utilities, property availability and City services. Over 440 callers have received information through the fax-on-demand program during this reporting period. Inside Rancho ~(/eb Site. In 1999, the Redevelopment Agency established an interactive web site that provides site selection information for industrial and retail space that is available within the City. The award-winning web site allows brokers, developers, and retailers to conduct online GIS-based searches quickly and easily, and offers site-specific demographic information based on 3, 5, 10 and 15-mile radii. A key economic development tool, Inside Rancho has enabled the Rancho Cucamonga Redevelopment Agency to generate interest in vacant sites that may otherwise be overlooked by potential business investors. In addition to industrial and retail information, the Agency is planning to add an office space component as well. Broker Networking. The Agency continues to network with area brokers marketing Rancho Cucamonga properties. Agency staff members have provided /~ancho Cucamonga/~edevelopment Agency 22 2000-2005 Implementation Plan Mid-Cycle/~eview presentations to individual brokerage houses, and participate in regional broker tours with the brokerage community. The purpose of this program is to develop positive relationships with the brokers and leasing professionals, and to ensure that brokers who market properties in Rancho Cucamonga are aware of the business support services available to existing and potential tenants. Business Appreciation ~/eek. Established in 1997 as part of its business retention efforts, each year during the month of May a week is designated as Business Appreciation Week by the Redevelopment Agency. Banners saluting Rancho Cucamonga businesses are installed over major streets; the Chamber of Commerce hosts a golf tournament followed by an Agency-hosted catered reception; and businesses are invited to purchase discounted tickets for a designated Rancho Cucamonga Quakes baseball game. This year's function proved to be another successful event, with over 600 business people attending the baseball game, and 128 golfers participating in the golf tournament. The program recognizes the business community and exemplifies the City's appreciation to all Rancho Cucamonga businesses. /~ancho Cucamonga/~edevelopment Agency 23 2000-2005 Implementation Plan Mid-Cycle/~eview E-Mail Marketing. The Rancho Cucamonga Redevelopment Agency launched its new e-mail marketing program in 2002, and has developed various marketing elements that help to promote business activities and development opportunities within the city. Fast?-racZ the Agency's interactive "e-newsletter," is distributed six times a year via e-mail to local businesses, brokers, developers, retailers, media, and other interested recipients. The newsletter provides the Agency with a valuable communication tool for informing its target audience of changes in the business environment. Another e-mail marketing element launched in 2002 is the Agency's property update and site selection "e-bulletin," Ot~t~ortun/t/es, This publication is distributed periodically to brokers, developers, and retailers alerting them to selected property listings and retail availability. The interactive features of the e-bulletin also allow recipients to connect to the Agency's site selection web site, "Inside Rancho," and view additional properties. The Agency plans to develop additional e-marketing components, which will provide helpful business assistance and other types of business-related information to the local business community, through the use of e-mail/Internet technology. Rancho Cucamonga Redevelopment Agency 24 2000-2005 Implementation Plan Mid-Cycle Review Souvenir Shop. The Agency developed the Rancho Cucamonga Souvenir Shop to market City-related items to the residents of the community, and to further publicize the Rancho Cucamonga "brand" to a national audience of business-related organizations and potential visitors. Merchandise is continuously monitored, marketed, and updated. Quality souvenirs have carried the City's name across the United States and around the world. Trade Shows. The Agency remains actively involved in local, regional, and national events that provide opportunities to further expand its business attraction activities. Both retail-oriented (e.g., International Council of Shopping Centers annual Deal Making Trade Show) and industry-specific (e.g., manufacturing industry) trade shows provide valuable business contacts. The Agency also focuses its print advertising efforts on trade journals that target industries of interest to Rancho Cucamonga, and that are distributed at national trade shows. Community and Economic Profile. The Community and Economic Profile provides the Agency with important economic and demographic information that can be Rancho Cucamonga Redevelopment Agency 25 2000-2005 Implementation Plan Mid-Cycle Review utilized in carrying out ongoing economic development activities, including business recruitment efforts and strategic planning. The Agency works with a local economist to provide an annual in-depth analysis of the City's economic strengths and trends, and disseminates the information to a wide variety of companies and business- related organizations. Chamber of Commerce. The Redevelopment Agency continues to maintain a successful partnership with the Rancho Cucamonga Chamber of Commerce, and actively participates in events and activities that support local businesses and encourage new business development. Commercial/Retail Study. The Redevelopment Agency funded a comprehensive study of the commercial and retail segments of its project area to determine the adequacy of parcels that are currently designated for those uses. As a result of the study, certain areas along 4th Street (located at the southern border of the city) have been re-zoned for commercial uses, which is necessary to support the growing residential population of the area. /~ancho Cucamonga/~edevelopment Agency 26 2000-2005 Implementation Plan Mid-Cycle/~eview Shop Rancho Guide. In 1998, in an effort to promote economic activity in Rancho Cucamonga, the Chamber of Commerce partnered with the City and Redevelopment Agency to develop a "Shop Rancho Guide." The annual publication includes an alphabetical listing of all shopping centers in the city, the tenants within those centers, and their contact information. Inland Empire Economic Partnership. The Agency continues to participate with the Inland Empire Economic Partnership (IEEP) to promote the Inland Empire region. Through its involvement with IEEP, the Agency has participated in site searches for land and/or buildings for potential business relocations, expansions, or start-up operations, as well as prospective film locations by television and movie production companies. During this reporting period, over 150 site searches have been conducted in conjunction with the IEEP. Small Business Development Center. The Redevelopment Agency and Chamber of Commerce joined in a cooperative effort to create a Small Business Development Center to provide consulting services for existing and start-up Rancho Cucamonga Redevelopment Agency 27 2000-2005 Implementation Plan Mid-Cycle Review businesses. During this reporting period, 439 businesses have been assisted and approximately 287jobs have been created. Mayor's Roundtable. The Redevelopment Agency and Mayor host ongoing roundtable meetings with local business leaders to discuss issues that affect Rancho Cucamonga businesses. This venue has proven to be a valuable tool in promoting the positive exchange of ideas that enhance and improve the business community. Entrepreneur's Network. The Rancho Cucamonga Redevelopment Agency has recently become involved with a regional economic development effort known as the Entrepreneur's Network. In cooperation with Chaffey Community College, and other public, non-profit, and private entities, the Agency is involved in efforts to create, educate, and expand opportunities for entrepreneurial business activities within the west end of San Bernardino County. Through workshops, forums, and networking events, students and business members can explore new business start-up, franchising, and business training opportunities. /~ancho Cucamonga/~edevelopment Agency 28 2000-2005 Implementation Plan Mid-Cycle/~eview Special Marketing. Periodically, the Agency is involved in the development of events that help market the community to potential business investors, visitors, and tourists. Additionally, the Agency may also participate in projects that assist in the branding and general promotion of the community. 25th Anniversary Event -- In January 2002, Agency staff began working with other City departments in planning activities relating to the City's 25th Anniversary. These activities will occur throughout FY'02-'03, and include the limited production of products that market the community and the event, as well as activities that will be hosted throughout the year. State Farm Open Golf Tournament -- Over the last three years, the Agency and the City have supported a major Professional Golf Association (PGA) event that is hosted in the City of Rancho Cucamonga at the Empire Lakes Golf Course. The weeklong event draws thousands of spectators; increases economic activity for local businesses that provide goods and services to attendees; and supports local charitable organizations. As it has done previously, the Agency will participate in the September 2003 event. /~ancho Cucamonga/~edevelopment Agency 29 2000-2005 Implementation Plan Mid-Cycle/~eview Graphics Standards Manual -- In order to refine the promotional and information material that is distributed by the Agency and the City, a cross-departmental group of employees have been selected to participate in a Graphics Standards project. When complete, the effort will provide the Agency/City with a defined approach to presenting its "brand" to business investors, and to the general public. Relocation/Expansion Assistance. The Redevelopment Agency provides technical assistance to facilitate expansion in, or relocation to, Rancho Cucamonga. During this reporting period the Redevelopment Agency assisted over 154 companies interested in expansion or relocation. Listed below are highlights of the most significant projects. Costco Wholesale Corporation -- With Costco's desire to expand and provide the community with a larger, newer prototype facility, staff provided assistance in identifying potential sites for development of a new retail warehouse. Costco constructed the new facility on the northwest corner of 4th Street and the I-15 Freeway. The company'sl 35,000 square foot facility on Foothill Boulevard was closed, and operations were relocated to the new 145,000 square foot building in May 2002. /~ancho Cucamonga/~edevelopment Agency 30 2000-2005 Implementation Plan Mid-Cycle/~eview Mercury Insurance Services -- Site location assistance was provided to Mercury Insurance Services. Mercury is currently occupying 15,000 square feet of leased office space, while its 100,000 square foot facility on Foothill Boulevard is being constructed. The new facility will provide an estimated 700 to 1,000jobs. ARS National Services, Inc. -- Relocation support and site location assistance were provided to ARS National Services, Inc., a new call center that opened in 2002, bringing 230jobs to the City. General Motors Corporation -- Construction is nearly complete on GM's new 405,000 square foot warehouse and distribution center located on Hermosa Avenue near 6th Street. The facility is scheduled to open in January 2003, and will provide approximately 200jobs. Previously, the area needed improvements that made it cost-prohibitive for developers and landowners to develop. The Agency's construction of storm drain and street improvements has served as a catalyst to economic progress. Currently, several buildings have either been built, or are under construction in this area resulting in the construction of nearly 2 million square feet of new commercial/industrial development. Rancho Cucamonga Redevelopment Agency 37 2000-2005 Implementation Plan M/d-Cycle Review Site Acquisition & Assembl~. In an effort to mitigate blighted conditions along Foothill Boulevard -- the City's primary retail/commercial corridor -- the Agency has acquired seven separate parcels located on Foothill (bet~veen Archibald Avenue and Hellman Avenue). Due to the small size of these individual parcels, as well as incomplete or substandard infrastructure, it was determined that only a comprehensive assembly of parcels could ensure new development and necessary infrastructure improvements. In 2002, the Redevelopment Agency acquired the seven parcels, and will continue to manage the property until such time that a suitable project and developer can be identified for this area. /~ancho Cucamonga/~edevelopment Agency 32 2000-2005 Implementation Plan Mid-Cycle/~eview summary table -- economic enhancement projects The Redevelopment Agency's efforts to expand its economic development activities -- through the enhancement of new and ongoing programs -- has helped ensure a strong economic environment, and has increased the number of employment opportunities for local residents. The Agency will continue to take a proactive approach to mitigating economic deterioration by assisting in the establishment of new businesses and the creation of new jobs through the support of economic strategies that help eliminate economic blight in the community. Table iii. Economic Enhancement Projects. Continuation of Existing i Preclude economic deterioration through $500,000 -- Economic Development i establishment of new businesses and job $700,000 Programs i creation (Annually) Community Facilities District i Improved traffic circulation system; provision $10,000,000 2001-01 (Regional Center) of adequate flood control Community Facilities District i Improved traffic circulation system; provision $2,500,000 2003-01 (Regional Center)~ i of adequate flood control Site Acquisition/Assembly i Preclude economic deterioration through i establishment of new businesses and job $1,325,000 i creation; improved traffic circulation system Other Economic i Preclude economic deterioration through To Be Development Opportunities i establishment of new businesses and job Determined not yet identified i creation ~ (Potential Project) Rancho Cucamonga Redevelopment Agency 33 2000-2005 Implementation Plan Mid-Cycle Review Goal: The Rancho Cucamonga Redevelopment Plan identified a lack of adequate open and recreational space as a blighting condition of the project area. The following pages highlight the accomplishments of the Agency, to date, in eliminating this blighting condition. Accomplishments: The Rancho Cucamonga Redevelopment Agency continues to address the needs of its residents in providing adequate open space and additional recreational venues through the implementation of projects that enhance the community's overall quality of life. To date, activities have included the construction of a Family Sports Center, as well as initial planning for the development of a new library/cultural center, and park. /~ancho Cucamonga/~edevelopment Agency 34 2000-2005 Implementation Plan Mid-Cycle/~eview Rancho Cucamonga Family Sports Center. The Agency completed design and construction of tenant improvements to the Rancho Cucamonga Family Sports Center, located on Foothill Boulevard in the Rancho Town Center shopping center. This revitalization effort addresses both the economic and physical decline the center has experienced over the past ten years, and provides a catalyst for renewed economic strength. The Agency received an award of merit for this project from the California Association for Local Economic Development (CALED). Library/Cultural Center. In cooperation with the developers of the City's regional center (Forest City Development and Lewis Investment Company), plans are being developed for a one-of-a-kind 56,000 square foot community cultural arts facility. The facility will be located at the north end of the Victoria Gardens Regional Mall, which is scheduled to open in 2004. This facility will feature a library branch (the City's second), flexible meeting/special event rooms, and a 500-seat performing arts theater. The theater will be home to a children's production company, which will not only provide a learning experience for local students, but will attract a regional audience to the facility as well. Design discussions and preliminary planning continue for this project, which began during this reporting period. /~ancho Cucamonga/~edevelopment Agency 35 2000-2005 Implementation Plan Mid-Cycle/~eview Central Parl~. The City is in the process of preparing schematic architectural plans for Phase I of this expansive park project. Phase I, funded through the State Park Bond Issue and other funding sources, includes the construction of a Senior/Community Center, which will be housed in a 50,000 square foot building. Approximately 15-20 acres of the 100-acre parcel will be developed during this phase, and may incorporate other amenities such as picnic areas and tot lots. The Agency will participate in infrastructure improvements for this development, which is anticipated to be completed in November 2004. /~ancho Cucamonga/~edevelopment Agency 36 2000-2005 Implementation Plan Mid-Cycle/~eview summary table -- community/cultural facilities projects To extend the Agency's efforts in creating recreational and cultural opportunities, and increasing open space, the Agency continues to facilitate activities within the project area that support these objectives. The table below summarizes the Agency's community/cultural projects. Table IV. Community/Cultural Enhancement Projects. Rancho Cucamonga Provide cultural and recreational $6,400,000 Family Sports Center , opportunities within the project area. Library/Cultural Center Provide cultural and recreational $27,000,000 opportunities within the project area. Central Park' Provide cultural and recreational $4,000,000 opportunities within the project area. · ' (Potential Project) Rancho Cucamonga Redevelopment Agency 37 2000-2005 Implementation Plan Mid-Cycle Review Goal: The Rancho Redevelopment Plan identified the affordable housing needs of the community's Iow- and moderate-income families, and established a goal to provide for, improve, and maintain the City's supply of affordable housing. Accomplishments: The Redevelopment Agency has participated with non-profit housing corporations to provide a mixture of affordable ownership and rental housing. As evidence of the Agency's commitment to promote the availability and affordability of housing to meet the needs of the community, the Agency's involvement in the projects described here-in have resulted in the construction of 1,031 affordable units. /~ancho Cucamonga/~edevelopment Agency 38 2000-2005 Implementation Plan Mid-Cycle/~eview Olen Jones Senior Apartments. The Redevelopment Agency entered into a Disposition and Development Agreement with the Northtown Housing Development Corporation (NHDC) to provide funding for the development of a 96-unit senior housing project. In addition to the Agency's participation, NHDC has received 4% tax credits, and a County of San Bernardino Home loan. It is anticipated that groundbreaking for the project will occur by the end of 2002. Habitat for Humanity. The Agency assisted the Pomona Valley Habitat for Humanity in the development of one single-family home, completed in August 2001. Habitat for Humanity provides housing for sale to very Iow-income families through a unique program involving volunteer construction labor and donated materials. The home was constructed over a six-month period of time. The Agency has allocated additional funding for a new home rehabilitation project, pending location of a suitable residence. /~ancho Cucamonga/~edevelopment Agency 39 2000-2005 Implementation Plan Mid-Cycle/~eview Heritage Pointe Senior Housing. Construction of a new 49-unit senior apartment complex is currently underway in the central part of the project area, with completion scheduled for December 2002. In March of 2001, the Agency approved a third amendment to the Southern California Housing Development Corporation (SCHDC) pledge agreement, identifying this development as the third project. Staff has also provided support to SCHDC in obtaining a $4 million Multifamily Revenue Bond toward construction of this project. Under a Pledge Agreement, the Agency will provide an annual payment (until October, 2026) of $400,000 toward debt service on the bonds. Agency-Assisted Home Ownership. The Agency has assisted 46 Iow- and moderate- income, first-time homebuyers with silent second mortgages under the First Time Homebuyer Program. This program is administered through the Agency's agreement with Neighborhood Housing Services of the Inland Empire, a local non-profit organization specializing in mortgage assistance programs for lower income families. Neighborhood Housing Services also provides credit counseling and homebuyer workshops for income-qualified applicants. Additionally, monies received through equity sharing -- as properties are sold -- are returned to the Program to assist more families in purchasing their first home. /~ancho Cucamonga/~edevelopment Agency 40 2000-2005 Implementation Plan Mid-Cycle/~eview Land~banl~ed Properties. The Redevelopment Agency acquired three properties in the city for future affordable housing projects. These properties were "land banked" as part of the Affordable Housing Strategy until such time as public-private partnership opportunities allow for development. One of the properties that has been deemed unsuitable for development by the Redevelopment Agency was sold in August 2002 to a private developer. The proceeds were deposited in the Housing Set-Aside Fund. The Agency also acquired a property in 1993 (Regina Winery) that was to be used for a potential housing project. Funds for this purchase were originally taken from the housing fund. However, after the property was deemed to be unsuitable as an affordable housing site, ownership of the property was transferred to the City of Rancho Cucamonga. As a result of this action, the housing fund will be reimbursed. Other Housing Programs. The Redevelopment Agency formed a joint partnership with the City of Chino and the County of San Bernardino to provide affordable home mortgages to Rancho Cucamonga households through mortgage revenue bonds serviced under the California Rural Home Mortgage Finance Authority. The Agency also participates in the California Cities Home Rancho Cucamonga Redevelopment Agency 47 2000-2005 Implementation Plan Mid-Cycle Review Ownership Authority, which provides lease-to-own opportunities for Rancho Cucamonga residents. These programs utilize bond revenues rather than Redevelopment Agency Housing Set-Aside funds. Rancho Cucamonga Redevelopment Agency 42 2000-2005 Implementation Plan Mid-Cycle Review summary table -- affordable housing projects The table below summarizes the Agency's efforts with regard to the use of its 20 percent housing set-aside funds. These projects and programs have been implemented to meet the need for providing affordable housing to Iow- and moderate-income families and seniors. Table V. Housing Projects/Programs. O;en Jones Senior Provide quality affordable housing for Apartments Iow- and moderate-income families. $5, 100,000 Habitat for Humanity Provide quality affordable housing for Iow- and moderate-income families. $256,000 Heritage Pointe Senior Provide quality affordable housing for Housing law- and moderate-income families. $1,527,000 Agency-Assisted Home Provide quality affordable housing for Ownership Iow- and moderate-income families. $386,500 Land-Banked Provide quality affordable housing for To Be Determined Properties law- and moderate-income families. Other Housing Provide quality affordable housing for To Be Determined Programs law- and moderate-income families. Rancho Cucamonga Redevelopment Agency 43 2000-2005 Implementation Plan Mid-Cycle Review housing requirements In 2001, in addition to requiring reporting of specific goals and objectives of the Redevelopment Agency, new government code sections were mandated by the State. Pursuant to Health and Safety Code Section 33334.4, the Affordable Housing Unit Summary tables on the following pages illustrate how the Agency is addressing the number of units required under Government Code Section 65584 (Regional Housing Needs Assessment). Table VI. 1999 Regional Housing Needs Assessment. Very Low income 403 . 35% Low income 302 26% Moderate income 454 39% Total Units 1159 100% Table VII. Rancho Cucamonga Assessment -- 2002. Mery Low income 322 51% Low income 156 24% Moderate income 157 25% Total Units 635 100% Rancho Cucamonga Redevelopment Agency 44 2000-2005 Implementation Plan Mid-Cycle Review housing requirements It should be noted that while the Redevelopment Agency has provided assistance for a total of 825 units, the Agency is only receiving credit for 635 units. This is due to the fact that some of the units are located outside the project area, triggering the 2-for-1 rule, thus resulting in the Agency receiving credit for only half of these units. Table VIII. Affordable Housing Unit Summary. Rental 32 l! 0 49% 51% 100% Casitas Rental 0 14 49% 100% Rental 32 32 24E 42% 104 42% Rental 44 384 49% 18[ 49% Rental 26 22C 50% 11 £ 50% prings* Rental 3C 6 24C 40% 96 (48 40% Rental 1C 10 23C 20% 20% Rental 0 15~ 49% 77 (39 51% 100% -~abitat for Owner 0 100% 100% -~umanity -~eritage Pointe* Rental 1 ~ 0 49% 24 ( 1 51% 100% Rental 15 0 49% 47 (24 51% 100% X/HDC In-Fill Owner 36 3~ 100% 3[ 100% :irst-Time Owner 39 100% 46 (29 100% -~omebuyers 195 27~ 193 46% (35%) 825 (635 57% * Units outside project area (2-for-1 rule applies). Rancho Cucamonga Redevelopment Agency 45 2000-2005 Implementation Plan Mid-Cycle Review housing requirements Section 33334.4 requires the number of units available to families with children be in at least the same proportion as the population under age 65 years to the total population of the community as reported in the most recent census of the United States Census Bureau. This figure illustrates the percentages for individuals under and over 65 years of age in the City of Rancho Cucamonga, according to the 2000 Census. Under a age 65 The following tables provide additional information Figure Percent of community under/over regarding the expenditures of the Housing Fund for 65 years of age. each group during the period of FY 1999/2000 to FY 2002/2003. Each table also identifies programs that the Agency is currently undertaking, or intends to undertake, to ensure that expenditures from the Housing Fund are in proportion with the requirements of Section 33334.4. Rancho Cucamonga Redevelopment Agency 46 2000-2005 Implementation Plan Mid-Cycle Review housing requirements Table IX. FY'99-'00 Housing Fund Expenditures. TI Revenue Project Reserve (4) i Family Seniors Uncommitted $6,010, 147* First-Time i Homebuyers $103,040 8 X Housing $3,225,950 586i X onds Villa Pacifica $4- 13,~85 158 ] X Pled e '2' $790000 i X Land-ban <ed $ 35,000 i X Property Total $4,875,845 752 ~Audited ( 1 ) Includes bonds, Sanwa Ioan/CHFA finance commitments as part of SoCal/Northtown pledges. (2) Future projects rese~e. (3) Includes administrative/legal/property maintenance. (4) Prior year project rese~e. Rancho Cucamonga Redevelopment Agency 47 2000-2005 Implementation Plan Mid-Cycle Review housing requirements Table X. FY'00-'01 Housing Fund Expenditures. T/r~evenue Project r~eserve (4) Family Seniors Uncommitted First-Time $6,780,134' $1,134,302 $131,900 10 X Homebuyers Housing S3,~,~30 S86 i X Bonds (1) Habitat $110,656 1 j X ,~d~ (:) s~¢o, ooo i x s ,ooo i x Property i Admin (3) $223,280 . Total $5,016,651 755 *Audited ( 1 ) Includes bonds, Sanwa Ioan/CHFA finance commitments as part of SoCal/Northtown pledges. (2) Future projects reseme. (3) Includes administrative/legal/property maintenance. (4) Prior year project reseme. ~5,016,651 ~3,454,686 ~413,685 690/0 80/0 Rancho Cucamonga Redevelopment Agency 48 2000-2005 Implementation Plan Mid-Cycle/~eview housing requirements Table XI. FY'01-'02 Housing Fund Expenditures Reserve (4) Family Seniors Uncommitted $7,070,001 ~ $2,897,785 First-Time $120,780 8 X Homebuyers Housing $3,191,850 586 X Bonds ( 1 ) Villa Pacifica $413,685 158 X Heritage $327,750 49ii X Pointe Olen Jones $6,900 96 X Pledge (2) $395,000 i X Property ' i X Tot~ I S4 7e1355I e97i I ~Audited ( 1 ) includes bonds, Sanwa Ioan~CHFA finance commitments as part of SoCal~Northtown pledges. (2) Future projects rese~e. (3) includes administrative~legal~property maintenance. (4) Prior year project rese~e. 0 0 Rancho Cucamonga Redevelopment Agency 49 2000-2005 Implementation Plan Mid-Cycle Review housing requirements Table XII. FY'02-'03 Housing Fund Expenditures. Project First-Time 55, 186,431 Homebuyer 530,800 2 i X Reserve (4) Prop. Sale 52,503,730 Housing 53,593,820 586 i X Proceeds Bonds ( 1 ) Heritage 5400,000 49ii X Olen Jones 55, 100,000 96 i X so cai S39o, ooo x Pledge (2) Northtown 51,400,000 X Pledge . Admin (3) 5188,790 Total 5 *Audited ( 1 ) Includes bonds, Sanwa Ioan/CHFA finance commitments as part of SoCal/Northtown pledges. (2) Future projects reserve. (3) Includes administrative/legal/property maintenance. (4) Prior year project reserve. 0 0 Rancho Cucamonga Redevelopment Agency 50 2000-2005 Implementation Plan M/d-Cycle Review housing requirements The table below (Total Revenues/Expenditures) identifies the total Tax Increment Revenue collected during this period, which is approximately $27,235,033, and total expenditures, which are estimated at $ 26, 190,951. The Agency further acknowledges the current focus in terms of expenditures for senior housing programs and recognizes the need to address the requirement of Health and Safety Code Section 33334.4, by focusing on family housing units over the next two remaining years of the 2000-2005 Implementation Plan. Table XIII. Total Housing Revenues/Expenditures -- FY'99 through FY'03 $27.235,033[ $26,1 90.951 [ $13.720,926. $7.489,395 Rancho Cucamonga Redevelopment Agency 57 2000-2005 Implementation Plan Mid-Cycle Review Goals and Objectives for future Agency activities Below is a general description of the programs, which will be used to alleviate the blighting conditions identified within the project area. Capital Improvements Programs The Agency will continue to implement its capital improvements programs, including the Foothill Boulevard Implementation Plan, the Master Plan of Storm Drains, the Etiwanda/San Sevaine drainage system, and the Master Plan of Fire Facilities. Activities may include: · Foothill median construction · Foothill Boulevard & Baker Bridge improvements · I-15 interchange work @ Arrow Route · Haven & Eighth Street rail crossing grade separation · Hermosa Avenue storm drain construction · Fire station design-construction/fire administration building design- construction/fire training facility design/construction /~ancho Cucamonga/~edevelopment Agency 52 2000-2005 Implementation Plan Mid-Cycle/~eview · Fire Station 173 construction · Police facility addition and seismic retrofit · Corporate Yard Phase III Community/Cultural Facilities The Agency will continue its programs to eliminate blight created by the lack of open/recreational space in the project area, including those listed below: · Library/Cultural Center · Central Park Commercia!/Industrial Economic Enhancement Programs The Agency's efforts to enhance the commercial~industrial sector of the City's economy will consist of a variety of programs designed to address the needs of Rancho Cucamonga's existing businesses and to attract new business. Some of these programs may include the following: /~ancho Cucamonga/~edevelopment Agency 53 2000-2005 Implementation Plan Mid-Cycle/~eview · Ongoing marketing campaigns · Ongoing business interviews/assistance through the Business Visitation Program · Continuation of the Third Party Electrical Certification Program · Continuation of the Banner Sponsorship Program · Design of a retail center directory · Continuation of the regional partnerships with the IEEP, Small Business Assistance Center, and Entrepreneur's Network · Continuation of cooperative ventures with the Chamber of Commerce · Participation in regional marketing through IEEP · Ongoing business retention and attraction programs Affordable Housing The Agency will aggressively continue to provide for, improve, and maintain the City's supply of afl~ordable housing by leveraging opportunities with local non- profits, and County, State and Federal agencies. The Agency will continue to explore opportunities for development of land-banked parcels. /~ancho Cucamonga/~edevelopment Agency 54 2000-2005 Implementation Plan Mid-Cycle/~eview The mid-cycle review of the Implementation Plan for the Rancho Cucamonga Redevelopment Agency, as reported here-in, illustrates the progress made over the last three years in achieving its goals to alleviate blighting conditions in the project area, and for increasing the community's supply of affordable housing. Redevelopment is a very fluid process, subject to a myriad of changing issues and market dynamics. New opportunities arise, as do unforeseen problems. The law does not require an amendment to the Implementation Plan to conform to every change. Rather, the Implementation Plan is viewed as an action plan to carry out the specific goals of the Redevelopment Plan. For this reason, AB 1290 requires Redevelopment Agencies to prepare an Implementation Plan every five years. Additionally, once during the five-year cycle, a mid-cycle review of the Plan and public hearing are required to review the Agency's progress in accomplishing its goals. During the next two years, the Rancho Cucamonga Redevelopment Agency will continue to aggressively develop and implement programs to further the goals and objectives of the Redevelopment Plan and Implementation Plan. Not later than December of 2005, the Redevelopment Agency will be required to conduct a public hearing to adopt its next 5-year Implementation Plan. Rancho Cucamonga Redevelopment Agency 55 2000-2005 Implementation Plan Mid-Cycle Review Comments and questions regarding the Rancho Cucamonga Redevelopment Agency's 2000-2005 Implementation Plan Mid-Cycle Review may be forwarded to: Linda Daniels, Director Rancho Cucamonga Redevelopment Agency 10500 Civic Center Drive Rancho Cucamonga, CA 91737 (909) 477-2700 email: rda@ci.rancho-cucamonga.ca.us /~ancho Cucamonga/~edevelopment Agency 56 2000-2005 Implementation Plan Mid-Cycle/~eview