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HomeMy WebLinkAbout1991/12/04 - Agenda PacketCITY COUNCIL AGENDA CITY OF RANCHO CUCAMONGA RE(ii7I,Ait MEETINGS let and 3rd Wednesdays - 7:00 p.m. December 4, 1991 Civic Center Coun©1 Chambers 10500 Civic Center Drive Rancho Cucamonga, California 91730 a~ City Conncilmembere Dennis L. 3twt, Mayor William J. Alexander, CouacUmember Charles J. Buquet, Councllmembrr Diane Williams, Councilmem6er Pamela J. Wright, Coancflmember t~ Jack Lem, City Manoger James L, Markman, City Attorney Debra J. Adams, City Ckrk City OtTice: 989-1861 ~y~~.~-'),y City Council Agenda V December 6, 1991 1 All itra aubwitt•d for Lb• City Council Ag•nd• r•L b• in writing. Tba drdlin• for •uD~iLtiug thu• itra Se 5:00 p.N. on th• Wdn•sdap prior to Lb• rating. Th• Citp CLrk' • Offiw r•c•ivr all ouch itr•. A. CALL TO ORDBR I. Roll Call: Baguet _, Alexander _, Stout _, Will tame _, and Wright ' B. ANNOVNC~Pfe/PR68RPfATIONB C. COMIRBiIGTIONB PROM TH6 PUBLIC Thi• i• the tL• and pLc• for GD• g•••r•1 public to •ddrr• th• Citp Council. Bt•t• law prohlbii• th• Citp council frc~ •ddr•u ing •op Lsu• not pr•viou•lp iuclud•d on the Ag•od•. Tb• Citp Council up r•cdw te•tiNOnp and rt th• rtter for • subs•qurt ~rting. Coma •r• to b• liait•d to fiv •inubs per individual. D.D. CONBBNT~DCA ARAB Th• following Courut GUnd•r iNr •r• •xp•ct•d to b• rouLin• •od uou-contror•niLL. Thep will Da •ci•d upoo by Lh• council ei on• tia• without di•cus•ion. Anp itr up M r•awvd by • Cometlrab•r or •rD•r of tb~ •udi•ne• for diacuuion. 1. Approval of Minutes: September 25, 1991 (BUquat absent) 2. Approval of Warrant e, Register Noe. 11/14/91, 31/20/91 1 and 11/25/91; and Payroll ending 11/7/91 for the total amount of $2,565,930.17. 3. Alcoholic Beverage Application for On Sale Beer 6 Wine 12 Eating P18ce for China Lend Buffet, FLenk fi Lily Weng, 9255 Baee Line Road, PL. 4. Alcoholic Severege Application for On Sale Beer fi Wine 1Q Eating Place for Cucamonga Taco Mutr Marla M. and Mo lase T. Jacuinde, 9651 Foothill Boulevard. PA ~~_ rC2i City Council Agenda December 4, 1991 2 5. Alcoholic Beverage Application for On Sale Bee[ 6 Wino 16 Eating Plaee for Royal Panda, Roger 6 Vicki Chi and Li Hua 6 Wilian Pinq, 8740 Hasa Line Rond. b. Approval of the repayment and tebo[[owing of the annual 16 loan between the city and Redevelopment Agency. 7. Approval and execution of the Coet and Maintenance 19 Agreement (CO 91-OBI) between the Clty of Rancho Cucamonga and the Atchison, Topeka and Santa Pa Railway Company for the Proposed 7th Street Spur Croeainq, including both street and storm drain improvements (part of AD 82-1) at the Atchison, Topeka and Santa Fe Railway Croeainq Designated PUC No. 2-91.6-C north of Sixth Sttebt. ABSOLUTION NO. 91-369 QQ A RESOLUTION OP TNS CITY COUNCIL OP TB8 CITY OF R11NCN0 CUCAMONGA, CALIFORNIA, AUTHORIZING THE E%ECUTION AND SIGNING OF THE COST AND MAINTENANCE AGREEMENT BOR THE CONSTRUCTION OP THE 7TN STREET STORM DRAIN AND RAILROAD CROSSING IMPROVEMENTS BETWEEN 6TH STREET AND 7TH STR88T 8. Approval to award and authorize the execution of a 21 contract (CO 91-082) fora shopping center parking study to P 6 D Technologies for the amount of $29,880.00, to be funded from fees deposited by Nughea Investments end Lewis Nomee Management COrpOrat ion. 9. Approval t0 execute Contract Dhange order No. 3 (CO 90- 22 052) for Profeeeional 5arvicee Agreement with Centennial Civil Engineers, Incorporated, Foothill Boulevard Implementation Plan, Phaee I, £or $25,604.00 to be paid from Redevelopment Agency Account Number 16-50200. 10. Approval to execute Improvement Agreement, Improvement 23 Securit ie9 and acceptance of Real Property Improvement Contract and Lien Agreement for a single family residence, located on 5291 Sapphire Street, submitted by James A. Brown and Joyce W. 0[own. „~ /~a , PA E ~~ City council Agende n V December 4, 1991 3 RESOLUTION NO. 91-370 Q(j A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR 5291 SAPPHIRE STREET RESOLUTION NO. 91-371 L6 A ABSOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTPACT AND LIEN AGREEMENT PROM JAMES A. BROWN AND JOYCE W. BROWN AND AUTHOAI2SNG TH6 MAYOR AND CITY CLERK TO SIGN THE SAMB 11. Approval to execute Improvement Agreement 8xteneion for 28 Tract 13270, located on the northwest corner of NSlliken Avenue and Church Street, submitted by Lew1e Homes. RESOLUTION NO. 91-372 3~ A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVBMENT AGREEMENT EXTENSION AND IMPROVEMENT SECVRI TY FOR TRACT 13270 12. Approval io accept Imprcvemente and Releeee of Bond for 31 DR 87-20, located on the portheaet corner of Hermosa Avenue and 6th Street. Releeee: Faithful PerFotmnnce Bond $ 2,000.00 RESOLUTION NO, 91-373 32 A RESOLUTZ ON OF THE CITY COUNCIL OP TXE CITY OF RANCHO CUCAMONGA, CALIPORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 87-20 13. Approval to accept Improvements, Release of Bonds and 33 Notice of Completion for Nllliken Avenue Median Landscaping, located on Milliken Avenue between Poothill Boulevard and Base Llne Roed. Release: Faithful Performance Bond (St teat) $475,248.00 PA t~ clty council Agenda December 4, 1991 4 RESOLUTION NO. 91-374 34 A AESOLVTION OF THS CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS POA MILLIREN AVENUE MEDIAN LANDSCAPING AND AUTHORIZING TH8 PILING OF A NOTICB OP COMPLETION POR THB HOAR E. CONSRIT ORDINANCES TDa following Ordiaaaeaa Dave Dad public Daarivga at the tits of first rudivg. Secovd raadiaga era azpaclad to Da zoutiva sad von-covtrownial. TDy will ba acted upon Dp the Council at oaa tie withouC diacuoiov. TDa City Clark will rand the title. Avp itu cav Da raNOrad for diacussiov. 1. cons 35 DEVE CO CUCAMONGA - Consideration of a request to amend Title 17, Chapter 17.12 of the Rancho Cucamonga Municipal Code tc eliminate compact perking spaces and reduce the standard size parking apace to 9 feet by 1H feet. (COatiauad from NoramDar S, 1991) ORDINANCE NO. 662 (second reading) 36 AN ORDINANCE OF TNS CITY COUNCIL OP TH& CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 91-01, AMENDING TITLE 17, CNAPTER 17.12 OP THE RANCHO CUCAMONGA MUNICIPAL CODEr ELIMINATING COMPACT PARKING SPACES AND REDUCING THE STANDARD BIZE PARKING SPACE TO 9 FEET BY 1& FEET, AND MAKING FINDINGS IN SUPPORT THEREOF 2. CONSIDERATION OP ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL 35 3PECIPIC PLAN AMENDMENT 91-01 - CITY OF AANCNO CUCAMONGA - Coneidexat ion of a requeet to amend Pett III Of the Industrial Specific Plan to eliminate compact perking spaces. (COaiivuad iroN NoraNar 6, 1991) ,~ /.~a . PA ~~ 4~ City Council Agenda C1 December 4, 1991 v 5 ORD INANC6 NO. 463 (second reading) 4~ AN ORDINANCE OP TX6 CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIPIC PLAN AMENDMENT 91-01, ELIMINATING COMPACT PARKING SPACSSr AND MAHI NG FINDINGS IN SVPPOAT THEPSOP 3. CONEI06RATION OF ENVIRO NT 35 SPBCIPIC PLAN AMENDMENT 91-03 -CITY OP R NCXO CUCAMONGA - A proposal to amend the et iwanda Specific Plan Lend Uee Hap from Hedium Residential (e-16 dwelling unite per acre) to Low Medium Residential (4-8 dwelling unite per acre) for the following subareas within the Btiwanda Specific Plan: (E) Approximately 10.09 acres bordered on the north and weer by existing Low Hedium Residential designated lnndr on the ea et by existing Office designated land, and on the south by Base Line Road. The r-ity will consider Office Proteeelonnl ea en alternative land uee for this ent Lre Brea - APN: 227-131-34 through 36, 52, and 53. (6) Approximately 10.00 scree bordered on the north by the Southern Pacific Reilway, on the east by the Ontario (I-19) Freeway, on the south by existing Of tics designated land, and on the west by existing Low Medium designated land and divided in a north-south direction Dy Eaat Avenue. The City will consider Low Residential (2-4 dwelling unite pee sere) ae an nlternative land uee for this emits a[ea - APN: 227-131-OS and 227-141-14 end 66. ORDINANCE NO. 453 (second reading) 41 AN ORDINANCE OP TXE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, APPROVING ETIWMlDA SPECIPIC PLAN AMENDMENT 91-03, SUBAREA 5, TO AMEND THE ETIWANDA SPECIPIC PLAN LAND USS MAP FROM MEDIUM RESIDENTIAL (5-14 OWELLINC UNITS PfiR ACRE) TO LOW MEDIUM RESIDENTIAL (4-8 DWELLING UNITE PER ACRE) FOR APPRO%IMATHLY 10.09 ACRES OF LAND BOPDBASD ON THS NORTH AND PA E { ` ~' ,~~ City Council Agenda December 4, 1991 Y~ 6 WEST BY BX ISTING LOV7 MED IVM RESIDENTIAL DESIGNATED LAND, ON THE EAST BY EXISTING OFFICE/PROFESSIONAL DESIGNATED LANG, AND ON THE SOUTH eY BA36 LINE ROAD, AND NAXING FINDINGS IN SUPPORT THEREOF - APN: 227- 131-34 THROUGH 36, 52, AND 53 ORDINANCE NO. 454 (second reading) 45 AN ORDINANCE OP THB CITY COUNCIL OP TRB CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING fiTIWANDA SPECIFIC PLAN AlO;NDMENT 91-03, WEST PORTION OP SUBARBA 6, TO AMEND THE ETIWANDA SPECI PIC PLAN LAND USE MAP PROM MEDIUM PESIDBNTIAL (8-16 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-S DWELLING UNITS PEA ACRB) POR APPRO%IMATELY 10.00 ACRES OP LAND BORDERED ON THE NORTH BY THE SOUTHERN PACIFIC RAILWAY, ON TNS EAST BY EAST AVENUE, ON THB SOVTN BY EXISTING OFFICE D85IGNATBD LAND, AND ON TH8 WEBT BY 6%ISTING LOW-MEDIUM RESIDENTIAL DBSIGNATED LAND - APN: 227- 141-16 AND 66, AND MA%INO FINDINGS IN SUPPORT THEREOF 4, O SID IO A PL CO UN N T 91 C C CuCAMONGA - A proposal to amend the General Plan Land Use Map within the Victoria planned Community ae described below: (1) From Medium Xigh Residential (14-24 dwelling unite per acre) to Medium Resident Lal (8-14 dwelling unite per acre) for the Following euDnreas: B. For 19.3 acres cf land located on the north e ids of 3aee Line Road, west of VLCtorin Park Lane, and east of the RV self storage facility. The Planning Commission recommends appro•~al - APN: 227-091-16 and 15. C. For 21.77 scree of land located on the northwest corner of Baee Line Road and the future Dey Creek Boulevard. The planning Commieeion recommends approval - APN: Portion of 227-091-38 and 19, 227-091-20 through 22, and 227-091-43. PA E r 'j ~~~ CitY Council Agenda Oecenber 4, 1991 7 D. Fot 7.895 acres oP land located between approximately 1,000 feet and 1,300 fees south of Highland Avenue on the west aide of the future Day Creek Boulevartl. The Planning Commies ion iecommende approval - APN: Portion of 227-021-D3 and 13. (2) From Hetlium Residential (8-14 dwelling unite per acre) to Low Medium Aeeideniial (6-e dwelling unite per acre) for the following subareas: H. For 23.03 scree of land loca[etl on the eoutheaet corner of Victoria Perk Lane and Rochester Avenue. The Planning ca:miiesion recommends approval - APN: 227-091-51. I. For 32.14 acres of lend located on the northeast corner of Base Line Road and Rochester Avenue. The Planning Commteelon reeommentle approval - APN: 227-091-45 and 46 and a portion of 227-091-46. J. For 20.895 acres of land approximately 892 feet north of the future VSetoria Park Lene extension on the went Bide of the future Day Creek Boulevartl. The Planning Commission recommends approval - APN: Portion of 227-021-03 and 13. (3) From Medium High Residential (16-24 dwelling unite par acre) to Community Pecil It iee foY the following subarea: L. FoY 2.46 acres of land approximately 606 feet south of the Southern Pacific Railroad right-of- wey and approximately 321 feet west of the fuiute Day Creek Boulevard. The Planning Commleaion recommends approval - APN: Port Lon of 227-091-18 and 19. (4) From Medium High Residential (14-24 dwelling unite per acts) to village commercial for the following subarea: M. For 7.895 scree of land located between approximately 600 feet and 1r 000 feet south of HLghland Avenue on the weei aide of the future Day Creek Boulevard. The Planning Commission recommends approval -APN: Portion of 227-021-03 and 13. PA E r 'j~~~ CitY Council Agenda December 4, 1991 8 oRD INANC6 NO. 470 (second reading) 49 AN ORDINANCE OP THE CITY COUNCZL OP THE CITY OP RANCHO CVCAMONGAr CALIFORNIA, APPROVING VICTORIA PLANNED COt44VNITY AMENDMENT 91-03, SUBAREA B, AMENDING THE VICTORIA PLANNED COMMUNITY LAND USE NAP FROM MSDIUH-HIGH RESIDENTIAL (14-26 DWELLING VNITS PER ACA6) TO M80IUM RESIDENTIAL (5-14 DWELLING UNITS PEA ACRE) FOA 19.3 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BAEB LINE AOADr WEST OF VICTORIA PARR LANBr AND RAKING PINDINGS IN SUPPORT THEREOF - APN: 227-091-14 AND 15 OAD INANCE NO. 471 (second reading) 5Q AN ORDINANCE OP THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY AMENDMENT 91-03, SUBAREA C, AMENDING THE VIC?ORIA PLANNED COMMUNITY LAND U3fi HAP PROM HfiDI UN-HIGH RESIDSNT IAL (14-26 DWELLING UNITS PER ACRE) TO MEDIUM RESIDENTIAL (8-34 DWELLING UNITS PBR ACRE) FOR 21.77 ACRES OF LANG LOCATED ON THE NORTHWEST CORNER OP BASE LINE ROAD AND TXB FUTURE OAY CRfiER BOULEVAADr AND MAKING FINDINGS IN SUPPORT THEREOF - APN: PORTION OP 227-091-15 AND 19, 227-091-20 THROUGH 22, AND 227-091-43 ORDINANCE NO. 472 (second reading) 55 AN ORDINANCE OF THE CITY COUNCIL OP TNS CITY OF RANCHO CUCAMONGA, CALIPORNIA, APPROVING VICTORIA PLANNED COMMUNITY AMENDMENT 91-03, SUBAREA D, AMENDING THE VICTORIA PLANNED COMMUNITY LAND USE MAP FROM MEDIUM-HIGH Rfi3IDENTIAL (16-24 DWELLING UNITS PER ACAS) TO MEDIUM RESIDENTIAL (8-16 OWEL:.I NC UNITS PER ACRfi) FOR 7.595 ACRES OF LAND LOCATED BETWSEN APPROXIMATELY 1x000 PEET AND 1x300 FEET SOUTH OF HIGHLAND AVENUE ANO ON THE WEST SIDE OP THE FUTURE DAY CREEK BOULEVARD, AND MAKS NG FINDINGS IN SUPPORT THERBOF - APN: PORTION OF 127-021-03 AND 13 PA E /1 t~~ City Council Agenda ~~~"" December 4, 1991 9 ORDtNANCE NO. 479 (second reading) 58 AN ORDINANCE OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA~ CALI POANIA~ APPROVING VICTORIA PLANNBD COMMUNITY AMENDMENT 91-03, SUBAREA H, AMENDING TH6 VICTORIA PLANNED COMMUNITY LAND USS MAp FROM MEDIUM RESIDBNTIAL (E-14 DWELLINO UNITS PER ACAS) TO LOW-lIHD IUM RESIDENTIAL (4-B OWBLLINC UNITS PER ACAS) POR 23.03 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OP VICTORIA PARK LANE AND ROCHESTER AVENU&~ ANO HA%ING PINDI NGS IN BVPPORT THEREOF - APN: 227-091-51 ORDINANCE NO. 476 (Bacond reading) fil AN OADINANCH OP TH6 CITY COUNCIL OP THE CITY OF RANCMO CVCAMONCA~ CALIFOANIA~ APPROVING VICTORIA PLANNED COMMUNITY AMENDMENT 91-03, SUBARBA I, AMENDING THE VICTORIA PLANNED COMMUNITY LAND USE MAP PROM HEDIUM RESIDBNTIAL (8-14 DWELLING VNITS PEP ACRE) TO LOW-MEDIUM RESIDENTIAL (4-B DWELLING UNITS PBR AGRE) FOR 32.14 ACRES OF LANG LOCATED ON THS NORTHEAST CORNER OF BASE LINE ROAD AND ROCHESTER AVENUES AND MAXING FINDINGS SN SUPPORT THEREOP - APN: 227-091-49 AND 46 ANO A PORTION OF 227-091-44 ORDINANCE NO. 477 (eewntl reading) gq AN ORDINANCE OF THE CITY COVNCIL OF TH6 CITY OF RANCHO CUCAMONCA~ CALIFOANIA~ APPROVING VICTORIA PLANNED COMMUNITY AMENDMENT 91-03, SVBAAEA J, AMENDING THE VICTORIA PLANNED COMMUNITY LAND USE MAP FROM MEDIUM RE SIPENTIAL (B-14 DWELLING UNITS PER ACRE) TO LOW-HEDIVM RESIDENTIAL (d-B DWELLING VNIT9 PER ACRE) FOR 20.899 ACRES OF LAND LOCATED APPROXIMATELY 892 FEET NORTH OP THH FUTURE VICTORIA PARK LANG EXTENSION ON THE WEST SIDE OF THB FUTllRE DAY CREEK BOULEVARD, AND MAR ING PINDINGS IN SUPPORT THEREOF -APN: PORTION OF 227-023- 03 AND 13 I PA ( '(~ City Council Agenda December 4, 1991 10 6] ORDINANCE N0. 478 (eecand reading) AN OAD INANCE OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY AMENDMENT 91-03, SUBAREA L, AMENDING THH VICTORIA PLANNED COMMUNITY LAND VSE MAP FROM MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PHR ACRE) TO COMMUNITY FACILITIES FOR 2.46 ACRES OP LANG LOCATED APPROXIMATELY 606 FEET SOUTH OP THE SOUTHERN PACIFIC RAILROAD RIGHT-0P-WAY AND APPRO%IMATELY 321 PEST NEST OP TH6 FUTURE DAY CREEK BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: PORTION OP 227-091- 18 AND 19 ORDINANCE NO. 479 (second reading) ]~ AN ORDINANCE OP TN6 CITY COUNCIL OP THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY AMENDMENT 91-03, SUBAREA M, AMENDING THE VICTORIA PLANNED COMMVNI TY LAND VSE MAP FROM MEDIUM-RICH RESIDENTIAL (14-26 DWELLING UNITS PER ACRE) TO VILLAGE COMMERCIAL POR 7.895 ACRES OF LAND LOCATED BETWEEN APPROKIMATELY 600 FEET AND 1,000 PEST SOUTH OF HIGHLAND AVENUE ON THE WEST SIDE OP THE PVTVRE DAY CREEK BOULEVARD, ANO MAKING FINDINGS IN SUPPORT THEREOF - APN: PORTION OP 227-021-03 AND 13 P. ADVERTISED PUBLIC BEIIRINUB Tha following ita~a haves been adwrtiasd and/or poatW u pablic hearings a nquirsd by law. Thy Chair will open the w~ating to r~uiva public twtiaany. 1. CONSIDERATION OF 6NVIRONMBNTAL ASSESSMENT ANO ]3 DEVELOPMENT CODS AMENDMENT 91-04 - CITY OF RANCHO CUCAMONGA - A request to amend Section 17.12.060 regarding bicycle storage raga lremente and Section 17.08.070 regarding trail maintenance requlremente. PA E F 7~~~ City council Agenda December 4, 1991 11 ORDINANCE NO. 480 (Eiret reading) 83 AN ORDINANCE OF TH6 CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALI PORNIA, APPROVING DEVELOPMENT 0006 AMSNDNENT NO. 91-06, AMENDING TITLE 17, SBCTION 17. 12 .040.C.4 OF THE RANCHO CUCAHONGA MUNICIPAL CODE, REGARDING BICYCLE STORAGB FACILITIES AND AMENDING TITLE 17, SECTION 17.00.070 REGARDING TRAIL MAINTENANCE STANDARDS 2. CONSIDERATION OP ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL 73 AREA SPECIPIC PLAN AMENDMENT 91'05 - CITY OP RANCHO CUCAMONGA - A requeei to amend Part III, Section IV. P. regarding bicycle storage requlremente. ORD INANCS NO. 481 (first reading) 8~ AN ORDINANCE OP THE CITY COUNCIL OF TH6 CITY OF lU1NCN0 CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL EPBCIFIC PLAN AMENDMENT NO. 91-05, AMEN-INC PART TI I, SECTION IV. F., REGARDING BICYCLB STORAGE FACILITIES 3. CONSIDERATION OP APPEAL OP DENLAL FOA TH6 PLACEMENT OF BB A WALL SIGN WITHIN TH& TERRA VISTA TONN CENTER - LEWIS H, oN65 - Consideration of an eppeal of the Planning Convn is eion'9 decie ion to deny the requeet to place a wall eLgn on the Lover of Building G within the Terra Vista Town Center, located at the northeeet corner of Foothill Boulevard and Haven Avenue -APN: 1077-421-05, O6, and 18. RESOLUTION NO. 91-375 1~6 A RESOLUTION OF TN& CITY COVNCIL 0P THE CITY OF RANCHO WCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMM TS SIGN'S DECISION TO DENY THE REQUEST TO PLACE A WALL SIGN ON THE TOWER OF DUILDI NC C WITHIN THE TBAM VISTA TOWN CENTER LOCATED AT TH$ NORTNBAST CORNER OP FOOTHILL BOULEVARD AND NAVBN AVENUE AND HARING FINDINGS IN SUPPORT THEREOF - APN: 1077-621-05, 06 ANO 18 PA E t~~~ City council Agenda December d, 1991 12 d. CON E N OF UT ON LA N T PO ION IDS OF MELLO-RODS _ COMMUNITY FACILITIES gISTAICT 91-1 (Continued fror No~eeber 20, 1991) RESOLUTION NO. 91-376 146 A RESOLUTION OB THB CITY COUNCIL OP THE CITY OP RANCHO CUCAMONCA~ CALIPORNIA~ DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNERS IN THS AMOUNT OP $55,000,000.00 WITHIN COMMVNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA AND CALL ZNG AN ELECTION 5. REVI W OF COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY ISZ (CHAS) - CITY OP RANCHO CVCAMONGA - Tha CHAS provides review of housing needs and market conditions into a format designed to determine prlaritlee £or investment over a five-year period. A one-year action Plan then translates the five year goals and available reaourcee into plane and programs for the pumper of persons to be assisted in the coming year. RESOLUTION NO. 91-377 156 A RESOLUTION OP TXE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA~ CALIFORNIA, APPROVING THE COMPREHENSIVE HOVSING APPORDARS LITY STRATEGY (CHAS) AS THS ACCEPTED STRATEGY TO GUIDE HOUSING ASSISTANCE DECISIONS IN CONJUNCTION WITH THE CITY'S COMMUNITY DEVELOPMENT BLOCR GRANT PROGRAM AND OTHER PEDEAAL ASSISTANCE HOUSING PROGRAMS AND HARING FINDINGS IN SUPPORT THEREOP 0 PVRLI C_fl611RINOS TAs following itsu have so legal puhlicetioa or posting requireesnta. The chair will open the peting Lo receive public taatisovy. 1, co N 157 s s W ON JVNE 21. 1989 PA 4~~ City Council Agenda December 4, 1991 13 RESOLUTION NO. 91-378 158 A RESOLUTION OP THE CITY COUNCIL OF TNH CITY OF RANCHO CUCAMONGA~ CALIPORNIA~ AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND PURCHASE CONTRACT, APPROVING BOND INDENTURE AND PRELIMINARY OFFICIAL STATEIQ+NT FOR COt4fUNITY FACILITIES DISTRICT SS-2 H. CZTY MANAORR'B STAR REPORTS Tbs following itua do not lsgallp require nap public taatisoap, altpougb ebs Cbair sup opsa the ~seting for public input. 1. CO SON OP N 16Q DEVELOPMENT COMPANY, DEVELOPER OP TMCT 11997. IN A T 7 1987, AND EXTENSION DATED JUNE 18. 1988, AND AUTHORZZE LE S INSVRANCE COMPANY. FAITNFVL PERFORNANCB BOND NO. 9460775 TO CO P C PUAS T AND SPECIFICATIONS 162 RESOLUTION N0. 91-379 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, FINDING NORDIC DEVELOPMENT COMPANY IN DEFAULT OF THEIR IMPROVEMENT AGREHMENT POR TRACT 11997, AND AVTHOAlEING LEGAL STAPP TO CAUSE THE DEVELOPER'S SVRETY COMPANY TO CORRECT EXISTING DE PICIENT IMPROVEMENTS AND COMPLETE ALL RSNAINI NG IMPROVHMENTS AND CONDITIONS OF APPROVAL pVRSVANT TO THE AGREEMENT 2. CONSID T N 163 SPECIFIC PLAN AMENDMENT 91-03 - CITY OF RANCHO CUCAMONGA - A proposal to amend the Etiuanda Spec if lc Plen Land Use Mep EYOm Medium A981dential (8-14 dwelling un Lte per acre) to Low Medium Residential (4-8 dwelling unite per acre) Eor the following eubereaa within the Etlwenda Specific Plan: (COatiauRd from Nors~bsr Z0, 1991) PA ~~ City Council Agenda Decemher 4, 1991 14 (3) Approximately 11.2 acres bordered on Lhe northwest by the Ontario (I-15) Freeway, on the east by Eaet Avenue and existing Low Medium Residential designated land, and on the south by Hiller Avenue. -APN: 1100-041-04 through 10. ORDINANCE NO. 4B2 (first reading) 164 AN ORDZNANCB OF THH CITY COUNCIL OP TH8 CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIP IC PLAN AMENDMENT 91-03, THE SOUTHEAN PORTION OF SUBAREA 3, TO AMEND THE ETIWANDA SPECIFIC PLAN LAND USE MAP FROM MSDIUH (E-14 DWELLING VNITS PER ACRE) TO LOW MEDIUM (4-S DWELLING VNITS PER ACRE) POA APPROXIMATHLY 11.2 ACRES OP LAND BORDERED ON THE NORTHWEST BY TH8 ONTARIO (I-16) PRHHWAY, ON THB EAST BY HXISTING LOW MHDIVM AESIDENTIAL DHSIGNATED LAND, AND ON THB SOUTH 8Y MILLER AVBNVE, AND HARING FINDINGS IN SUPPORT THEREOF - APN: 1100-041-04 THROUGH 10 3. DISCUSSION O T I G AC I 168 DISTRICT 88-2 I. COVNCTL BVBINE38 Ths following itsu have bwa rpusstad Dy the City Council for discussion. Thay ara not public hearing itua, although the Chair xy opan tha uatinq for public SnpuL. 1. ORAL DISCUSSION OF PUNDAAIS ING HPFORTS BY YDIA RRVRR FOR A .TACK OENNY STATUE 2. SAM'S PLACE - Consideration of en eppeel of the Planning 172 Commleelon's tlecieion to revoke Conditional uee Permit 78-03 for the operation of a bar in conjunction with a teat aurant located in the Neighborhood Commercial District at 6620 Carnelian Street, northwest corner of 19th and Carnelian Streets - APN: 201-811-66 through 60. RESOLUTION NO. 91-380 1]3 A RHSOLUTION OF THE CITY COUNCIL OF THE CITY OF [UNCHO CUCAMONCA, CALIFOANIA, SUSTAINING TH6 APPEAL OF THE PLANNING COMMISSION'S DECISION TO AEVOKB CONDITIONAL PA j~ City Council Agenda December 4, 1991 15 USE PERMIT 78-03 POR TH$ OPERATION OF A BAR IN CONJUNCTION KITE A RESTAURANT LOCATHD IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6620 CARNELIAN STAEHT, NORTHWEST CORNER OF 19TH AND CARNELIAN STREETS AND MA%ING FINDINGS IN SVPPORT TMEREOY - APN: 201- 811-56 THROUGH 60 RESOLUTION NO. 91-381 1J6 A RESOLUTION OP THE CITY COUNCIL OP THS CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY THH At~NDMENT TO CONDITIONAL VSS PERMIT 78-03 POR TH8 AHQUEST TO E%TEND THS HOURS OP OPERATION ANO AMEND TNH CONDITION OP APPROVAL PROHIBITING LIVE SNTSRTAINMANT POA AN E%ISTING RESTAVRANT AND BAR LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6620 CARNELIAN STREET, NORTHWEST CORNER OP 19TH AND CARNELIAN STPEBTS AND MAKING PINDINGS IN SUPPORT THEREOF - APN: 201-811-66 THROUGH 60 RESOLUTION NO. 91-382 ]$j A RESOLUTION OF TNe CITY COUNCIL OP THS CSTY OF RANCHO CUCANONOA, CAL IPOANIA, SUSTAINING THS APPEAL OP TNS PLANNING COMMISSION'S DHCISION TO DENY ENTERTAINMENT PERMIT 91-02 POR THB REQUEST TO COHDUCT LIVE ENTBRTAINNENT IN CONJUNCTION WITH A RESTAURANT AND BAR LOCATED IN THH NEIGHBORHOOD COMMERCIAL DISTRICT AT 6620 CARNELIAN STREET, NORTNWBST CORNER OP 19TH ANO CARNELIAN STREETS ANO HARING FINDINGS IN SUPPORT THEAEOP - APry: 20-1811-56 THROUGH 60 I ON Thi• L the lice for City Council to identity tha itgs thy wish to diecuu et the next awtiog. Thew ites will eot be dimuued at this .eating, ooly idgtifiad for the nett aaetin9. PA ~~ City Council Agenda December d, 1991 16 1C. CO~WONICATIOKB yROM Tffi PVALIC Thi• i• the Lice cad pLu for the geaesal puDlie to eddree• the City Council. elite law prohibib the City Council froe addreuiag eny issue not preciously included oa !ho Agenda. The City Comeil say moiq testieony end act the eulGr for e subeequeat Noting. Caequto ere LO he 1Lited LO floe einuto• per individual. L. AATW/MIt~IT I, Deb[a J. Adams, City Clerk of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregoing agenda wee posted on November 27, 1991, seventy-two (72) hours prior to the meeting per Government Code 56953 at 10500 Clvic Center Drive. September 25, 1993 CITY OF RANCHO CUCAMONGA CITY COUNCIL NZNUTaS Joint Meeting of the Cltv council and the Rancho Cucamonga Community Foundation A. CALL 1b ORDmt A joint meeting of the Aancho Cucamonga City Council and the Rancho Cucamonga Community Foundation was held on Wednesday, September 25, 1991, in the Rains Conference Room of the Civic Center, located at 10500 Civic Center Drive, Aancho Cucamonga, California. The meeting was called to order at 7:10 p. m. by Mayor Dennis L. Stout. Present were Councilmembere: Will lam J. Alexander, Diane WL1l isms, Pamela J. Wright, and Mayor Dennis L. Stout. Absent was Councilmember: Charles J. Buquet II. PreaenC were eoardmembere: Guy Beyeredorf, Jeanne Lochart, John Mannerino, Betty McKay, antl Chair Robert Dutton. Absent was Boardmember: Jeanne Barton. Also present were: Jack Lam, City Managerr Linda D. Daniels, Deputy City Manager, Susan Mickey, Management Analyst 2, and Jen Sutton, Deputy City Clerk. x R • R x Mayor Stout announced that the Council needed to adjourn to an Bxeoutive Session to discuss emergency litigation at the conclusion of the meeting. R 1 } • R R a JOINT IxaMe or DlawsasoM 81. DISCUSSION OF 1992 RANCHO CUCAMONGA COMMVNITY POUNDATION MAYOfl'S BALL Chair Dutton Stated they have changed tha agenda for this year's Ball. Instead of having it at the traditional time in February, they thought they would try eomet hing unique, and passed out to the Council a draft announcement and preliminary budget for the Bali. Ne then indicated eoardmember Lochart would give a brief rundown of the plane as she was the Chairpeceon of the event. City Council and Community Poundat ion Minutes September 25, 1991 Page 2 eoardmember Lochart explained the uee of the announcement, described the invitation, and went over the various subcommittees that have been organised to ensure the suttees of the Ball. She stated they are aiming for approximately 540,000.00 net revenue to be utilized by the Poundat ion. Bhe went over the ahipboaxd theme of the Ball, spoke about the increased pzomotion to be used this year, and went over ticket prices, sponsorship Levels, and donations of services to produce iha Ha11. She felt it would be very importan< to have the parttc ipaticn of the council and City staff Go help promote the Ball, 6eceuee they needed to have et least 300 people attend. Chair Dutton eteted they will be continuing their recognition of supporters of the Poundation, as well an giving out echolarehipa. They will also be unveiling the Jack 9enny Hemor ial project at the Ball. count ilmember Alexander asked if they felt they weze eazly enough for people to make plane to at<end with the change in date. Chair Dutton stated they have already had one act icle in the newspaper, and the invitations would 6e ready to go out Boon. Boardmember Nannerino explained how the Hoard set a dzop-dead dote on deciding whether to go ahead with the New Year•e Eva date, and everyone wee confident that the organised planning end donat lone ceceived at that point wnrrented the go- ahead wish the plane, and they felt it would be very successful. Councilmember Weight stated she liked the idea cf the Ba11 being held on New Year's Eva. • ~ • x 82. VISCVSSION OP FOVNDATION.WOAR PROG Chair Dutton passed out a copy of their budget for Fiscal Year 1991/92 and explained the various programs outlined on the list. He stated they also try to make themselves avaLlable to verioue cortmun ity groups to offer them any advice they might need, and worked with the City on producing the Gifts catalog. He et e<ed a future project was Co work on a deferred giving program. Mayor Stout stated he could see the Oral Htetory program getting bigger since the Council Aae bean using it ee a mlt igation measure Eot certain developments where they could not save certain historical etcuctures. He felt they needed Lo hove this program started soon to show people who might not be familiar with an oxnl History program what it consisted of. Boardmember eeyeredorf stated they might also be able to uee video in conjunction with the oral History program. City Council and Community Poundation Minutes September 25, 1991 Page 3 Councilmember Williams stated they might want to comqunicate with Art Bridge in regards to this an Mr. Bridge's hobby has been the transfer of old photographs to a better medium in order to preserve them, so that might tie in with the oral History program. Chair Dutton stated it might be appropriate for the Foundation to work with the Historic Preservation Commission on using that as an aspect of the Oral History program. R R t R R R B3. DISCDSSION OP AAT WORK AT CIVIC CBN Chair Dutton stated another idea the Poundation had to raise funds would be to sell sponsorships of the artwork ae a way to raise funds. He stated it would basically involve having some type of detlication plaque put near the painting that was sponsored. They wanted to know if tha Council liked that idea. Mayor stout stated there were several places of bronze work around the Civic Center already that have been donated to Lhe City for display that have dedications on them, and they might want to continue that and find other bualneeeee that might be Lnteteeted in having their name on something in the City Hall. Chair Dutton stated if the Council approved, tha Board coultl work on putting on some type of event, possibly a tour of tha City Hall, end Lry to interest people in purchasing sponsorships. He stated of course the artwork would stay in the City Hall, but it could ba a goatl fund raiser. Mayor Stout stated he was not sure how Lt would work exactly, but if the Redevelopment Agency paid for the piece originally, and the donaY LOn wne eubetantielly more than the coat, possibly they could reimburse that fund, with the balance going to the Poundation. He stated he would need the City Attorney to review it to make sure there were no conflicts with the requirements of the bonds Bold for the financing. Chair Dutton stated the Board could explore setting up a program, and when they have something they will submit it to the Council for their review. Me stated they were also trying to get into grant writing in order to increase their revenue for use in the community. R R R R R R B4. pZSCUSSION OF ITEMS OF MUTUAL CONCBRN Chair Dutton stated the next grant workshop will be held on October 29th at City Hall at nconr and invited the Council subcommittee to attend if their schedules allowed. City COUncil and Coemiunity Foundation Mlnutee September 25, 1991 Page 4 Councilmens,er Alexander asked it the by-laws of the Foundation revolved only around the arts. Chair Dutton stated it basically says to enhance the cultural, recreational, and human services of the City. Councilmember Alexander asked if they would then ba able to help when the Ciiy starts programs to deal with the homeless eituet ion througD the Duman services aspect of their charter. Chair Dutton stated Lhey have limited financial resources at Lhe moment, but could keep 1t in mind when things improve. Mayor Stout stated usually when people considered this area they only looked nt funding, but De was interested in Daving a leadership situation eeta6liehed to organi¢e the community resources that are currently available, such ae the various churches and community groups. Mayor Stout stated he hnd been reading recently about problems that the United Way Dae been having, and since their Brea was going to ba Dreaking off from the Greater Los Angeles chapter, he wondered if there was same way to let that De known in the community. Che1Y Dutton stated the problem had to do with the Unitetl Way taking the money from this area and using it £or projects in LOa Angeles County. Mayor Stout felt they nestled to put some publicity out soon indicetin9 thni this region will be breaking off from the Greater Los Angeles Chapter since the major United Way campaigns would b0 starting up Boon, end he was afraid people would not make donations this year if they felt the money wee going out of the area. R R R f R f C COIMUNICATIONB fRGM TEE No communication was made from the public. R R f f• R O. ADJOVIIMIDQIT Mayor stout recessed the council meeting to en Executive Seeelon to disease litigation, with the Executive Seeelon to adjournetl to a Community Meeting et Windrows Park on Saturday, September 28, 1991 nt 12:00 noon. The Council meeting recessed at 7:50 p.m. City Council and Community Poundation Minutes September 25, 1991 Page 5 HoTTON: Moved by Mannerino, secondetl 6y eeyeredorf Co adjourn the Community Poundation Board meeting. Notion carried unanimously, 5-0-1 (Barton abeent~. The Board meeting adjourned at 7:50 p.m. Respectfully submitted, San Sutton Deputy city Cletk Approved 6y the Community Poundation: Novend:ar 19, 1991 Approved by the city Council: i V °c vii VPN 1 Si f00 p o.N.i u ~ V 0` 71 tl ~ •v •z: :ii i ~NOOnPN1•OOPNPFpNFOhr•~ONNNNNNONPONOOOONN rONPNNNNOp~Iyry~OPrrPNNNNF NU~ON .n n N xpnr•°N:w uNNaONNn unr• FN N N^P Nu mn m nP w u n •1P.w• mrNwFwwp..N mrnWhpwpJNmrN•FSeo..Nm1NaF rvi:i++:iia:ili:~=aiiiiaaiii+a~iii~iiiii~:iii:iiii o'omoecan<JJ<•waoaiouaaeeavoaaoaaaoaa.~ioaaoaao~aaoauan 1 I • • 1W O{ Y w . { i r w {° o • u N u0 O \ O> W ~WOVO < O FY pj J 3 Z • OW y J• \ P NN NWP W L Wm VP i •> ~Zn f V i ~ 1 i Ja\ UO VVn J VP 4ov of 1 w o i.n. 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CA~'L91730 Rancho Cucamonga, Currently Zoned: Neighborhood Commercial Zoning of Adjacent Properties: tlorth: Low Residential/Office Professional South: "tedium Residential Cagf; Office °rofessi onal West.: Low Residential (Lions Park/Cornmuni tY Center) _. ~~ 1 p ~~ ~~ R/ h' ry` ~ ~~ O) ~~ B -'~ V~~ NOV U 9 AECA cnav , .,-~ . . _ x....mx.x.a~.px. sssUO~T10M Ells YCdf01]C MyssAis IKSMWf) 1. ttPf/Sl CENSf(sl[jNy IE NO. te: Orpvtmnr d N<oFgk Rrrwopr Cmnq ~ It Nf) ~ 991 L C ' , 3 ~ , <.ufl. pate „lverc s,<rvn..e ~• '7" 'Al' r A "~ ~ R A ~ .,...,»., .<. K :arl:r; x'°`d° "'d ~«f' ~ M ~ ~ ~ ~ , .np eo e.d id l r. p a .tnd ]. NAME151 Of ARRIKWI(51 ~• • rrmR. r..,Ne JALI!u;E :acta Y~ S M1rseb : AppRrd mWrr Set. ]row O . . . [RwMn Oalx S-1-vl Eflxnn peu: ]. EYRE(51 Of iRANSACtIONIS) iEf lK. ttR tiro s ~[;.ra AuAr,U, iJG..1t) A. Nom. d Ewirpp .:+can.ya I3m :Lc 5, laorian d f~xnru-N.mMr and 5nM ..:ol ~ zr.~iil ul w. 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N E E E E E E E E E m p ~ ~ V n' U V ~ ^ a ~^ - ro N 4 n 3 n a ~n a ~n ~n yj T y_ nJI~.LL r OU ~ O ~` LL p L H V ~ L C Y Y Y Y~ ~p U Vl C L C L O m C C U u Z N W 3 F U H ~. ~O T b T ~ I -] 3f1N3AV 31III~VIVY! z 6 J 0 J i O O m 0 ti N I~ c ``<M V Poo`r`. . r :. ~ ~~\'.. ~N q. ^~,..,JQN\3 0~~ A~~ 2~3`45~b ~~~~1~ W$g~ NOV U ~i RECr COPY._ ~~. ...~... A9flKl11NM1 Al AlCO1gIK tlVRl10f YCENfMfl I. rYPF(5) Of LICENSE(S) FIFE NO. Ia 0.gsnnfN d AkaFdk M«9p C«md IfOI Irvvly' % ~ RECFIII NO. SfY1!) Sacrunwh. CdF. 93fIB IFIFi.IN in.n.r...n...wne., A !\Ei 8ml f 1116 iail~ PSJCt (.EOGRAfMIGI CppE l6\5 IM «N«iawd M.MF oppFx ler f dev;6edwleb.e Fare Irwed :. NANFIS) a MrtICANE(sl r'"m' Mr"vr wi, Roq.r a vlckl ApFSed «rder S<.9CaE n FII«Ilr. pq« li II93 FfM:r. M.: vlw. u a.6 c wu3Ap 3, mE(sl of rwNSACnorys) fff EK rrrt rev f]o9.OD N .apwl... ,0].99 _ ,~ . • a N«w d furi,M« Fa ., ..nda 3. t«enen d R«Inm-NVmG« eM Slreer ava9 N.ala. D9.e, ' City and lip Cedv Ceunry F.,rcn9 v<A.mw vl>lo s.n oernaietno rota y Se].nv L-,. r.,« v. naw rw ~« n..n <e,,.;ew d a E.I«ryE lo. Nen E«:.....;dn«d am d ro, pm.me« aE In. AI<ddl< 1.«mp. Conhd A<r « rqubliwn el rM1e 0.pammnl p«. a:nnp m Me A<li I I F.pldn a "vf3" amm<n IMm 9 er loon on ene<M1m«n ~A.en roan M d«mW pwr d rAn applkanen. ^- -- Iz Apgkenr apr«. tnl rMr nro :nnnap« .mW9r.d :n on.rol. u<.nw w.:^n.. wll hn.. ,n rM1. ywl:Rmnmr nr n li<.nr.., and (Ol rM b .111 ror rldan w <w« er p«:er ro b. mleM ony o1 :M perNOm o1 IM Akehdk Ma:aq ConMl A<I _ I], SiAtE Of C1lIFORNIA Cwnry M ... Y1va.1M 10-31-91 .__.De«.... ... _. e.:~w+e . e..<r ..r x.u n. b. .. Yf~W~• +~.•M~M~ . ....a... w .....+v n x... r ~...n..r.:.......... w ..w... o.. r. K....:v ..:.................... a ..:er .. u ARRIIUNi HGN nfp! ........................_..._._.___..... ~.~... ....................e....,...._. _. __r.-__..... _..... AMlKAT10N 1Y TRANDF[DOII IS SIAIF Of UNfOFNIA County d...._._ .___ ........................1'oN.......__...... _._..._.._._ .. +M.. n I w . r.en. m n..n.n r ne w.....n..nx:.... ,..r r. -awn.. s...w n. ~Rew.ef fwd_....._Mdd .............._.,.. .._.._, Ofkew............._. R«w w a u.,:m ~ ~ evvn !h Nef Wnle Delay Thu Lme; Fm Ih~- ..,rcm 11« Only -_ Anaded~ :- R«wded ndke, ^ fduoery pepen. :~ _ ..... _ .__ -<ONFS MAIFfe ...le_ Il, of 8812 8810 8808 8806 8804 0802 z ~ 0 0 L U N N t U O` i EN S E R o E U O J ~ O o W N Y C L r M i Y i- 0 6 ti O L rp Cv ~ D\ L 0 Y ~~ P L N N a a avYY 9 U $ r- V- C C N Y N O N 01 O C N i V 9 z m a ca•~•~ P V U N VI N C v m E N N W c O C 'n ~ U D_' 2' E o v Q J m N ¢ '0 4- 3 3 Z N J T W £ O J J Q ~U O 6 ~ 6l O C m J L Ol C t G 6 O U i Y Y Y Y } C C i C L a VI O N i0 ~ O O O N N 6' W d' U N $ V1 W 3 I ' NVI l3NNV~ 6 K W Z J '~ m •D m m u R W V O •- 1 L N m - CITY OF RANCHO CIJCAMONGA STAFF REPORT DATE: December 4, 1991 TO: Mayor and Members of the Clty Council PROIM: Linda D. Daniels, Deputy City Manager HY: Olen Jones, Sentor Redevelopment Analyst SUBJECT: APPROVAL OF ANNUAL LOAN TRANSACTION BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY RECOMMENDATION: Approve the repayment and re-borrowing of the annual loan between the City of Rancho Cucamonga and the Rancho Cucamonga Redevelopment Agency. BACHGROUND: In order to receive tax increment revenue, the principal source of redevelopment funding, a Redevelopment Agency must demonstrate existing debt which wlll be repaid by the tax increment received. For this purpose, when the Protect Area was established in Fiscal Yeaz 1982/83, the City loaned money to the Redevelopment Agency h1 order to establish initial debt, as well as to provide monies for operations. For debt purposes, the City and Agency have continued to maintain this loan from the City, thus ensuring the Agency's receipt of its full tax increment revenue. ANALYSIS: Each Fiscal Yeaz, the Redevelopment Agency repays the loan to the City, including interest, with tax Increment revenues, after paying all debt on outstanding bonds and agreements. This transaction is normally handled in June of each year. However, as a result of review by the Agency's auditors, it is necessary to repay/rebonow $1,968,286 for Fiscal Year 1990/91, In addition to the amount of the transaction approved in June, 1991. This will have no effect on the outstanding loan balance between the City and Agency. Respectfully submitted, ,~~~ ~ Linda D. Daniels, Deputy City Manager - CIT]' OF RANCHO CCCAVIONGA STAFF REPORT GATE: December 4, 1991 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Wm. Joe O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer c~ J l_ (_i SUBJECT: APPROVAL AND EXECUTION OF THE COST ANO h1AINTENANCE AGREEMENT DETWEEN THE CITY OF RANCHO CUCAMONGA AND THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY FOR THE PROPOSED 7TH STREET SPUR CROSSING, INCL UOING BOTH STREET AND STORM DRAIN IMPROVEMENTS (PART OF AD 82-1) AT THE ATCHISON, TOPEKA ANO SANTA FE RAILWAY CROSSING DESIGNATED PUC N0. 2-96.6-C NORTH OF SIXTH STREET RECOMMENDATION [t is hereby recommended that the City Council approve and execute the attached Cost and Maintenance Agreement, approving authorization for the necessary funds 557,246.00, being 80% of the estimated cost of the Railroad Improvements, to be funded by Surplus Assessment District 82-1 Funds. BACKCROUNO/ANALYSIS Attached herewith are the duplicate original copies of the above subject Cost and taintenance Agreement. This Agreement provides for the City's written approval of work associated with reconstructing a spur track, street and storm drain improvements as well as the estimated cost thereof, which Atchison, Topeka and Santa Fe deems to be incidental to, and necessitated by, the construction of the Railroad Crossing, street and storm drain Improvements in accordance with the Cost and Maintenance Agreement between the City and Atchison, Topeka and Santa Fe. Estimated cost of said work (railroad crossing only) in the amount of E71,557.00, ($57,246.00, being 80% of the estimated cast, which Ts due and payable with the returned and executed Cost and Maintenance Agreement) is to be performed by Atchison, Topeka and Santa Fe forces. the funds necessary for said construction shalt be provided by the Assessment District AD 82-1 Account No. 83-4637-6028-0000-0000. Respectfully submitted, Wm. Joe O'Neil C~~~~~ City Engineer / l/ WJO:JAO:Iy Attachments RESOLUTION N0. g/.3~ 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALSFORNIA, AUTHORIZING THE EXECUTION AND SIGNING OF THE COST AND MAINTENANCE AGREEMENT FOR 7HE CONSTRUCTION OF THE 7TH STREET STORM DRAIN AND RAILROAD CROSSING IMPROVEMENTS BETWEEN 6TH STREET AND 7TH STREET WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration and execution the Cost and Maintenance Agreement for the construction of the 7th Street Storm Drain and Street improvements between 6th Street and 7th Street; and WHEREAS, as a condition for said projects, the City shall approve and execute said Cost and Maintenance Agreements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, GOES HEREBY RESOLVES T0: 1. Authorize the Execution of the Cost and Maintenance Agreements for the construction of the 7th Street Storm Drain and Street Improvements between 6th Street and 7th Street; and 2. To authorize the Mayor to sign said Agreements and direct the City Clerk to attach a certified copy of this Resolution, as well as type in the Resolution Number and date in the blanks of said Agreements and for the return of the original copies of said Agreement to the Atchison, Topeka and Santa Fe Railroad. BE IT FURTHER RESOLVED that the City shall also comply with any "Special Covenants or Remarks" attached to said Agreements. The total amount necessary for the Cost and Maintenance of Local funds payahle by the City shall not exceed 571,557.00 to be funded by Assessment District Account No. 83-4637-5028-0000-0000. PASSED, APPROVED, AND ADOPTED THIS 4th day of December 1991. AYES; NOES: ABSENT: ennis tou ayor d ~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 4, 1991 TO: Mayor and Members of the City Council Jack Lam, AICP, Clty Manager PROM: Brad Buller, City Planner BY: Dart Colmn, Principal Planner SUBJECT: APPROVAL TO AWARD AND AUTNORIZ6 TNR 8%BCUTIai OP A CONTRACT FOR A SROPPING CRNTHR PAR%ING STUDY TO P b D TRCFINOLOGIRS POR THS AMOUNT OF $29,880 TO 86 PUND%D PRDM PBRS OBPOSITHD BY WGBR3 INVESTMENTS AND LBWIS BOMRS MANAGEMENT CORPOMTIOM. Ri00!/BODAT20~ It is zecouoended that the City Council approve the subject contract and authorize the Mayor and City Clezk to ei 9n the ease. AHeLYEIS The City received a request from NugAea Inoeatsent and Leaie Romer . Management Corporation to amend the City's perking requirements for shopping cent era. Both developers offered to fund a study by a transportation engineer. The Planning Co®leeion directed staff to add this item to the Planning Division's Work Program. in order to complete the study, the City issued Requests for Qual lficetions for the review of the CSty'e parking standards !or shopping centers. Staff interviewed seven firma. Rased upon the Statement of 4valiflcatione and the ante rvieas, staff taco®ende P 4 D Technologies ae the moat qualified firn. A copy of the proposed contract Se avel labia in the office of the City Clerk. The City Attorney has reviewed and approved the contract ae to form and content. Rea lly s tad Brad idler Ci[y Planner BB:DC/jf9 - CITY OF RANCHO CtiCAMONGA STAFF REPORT DATE: Oetember 4, 1991 '~ T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nor. Jce O'Neil, City Englneer DY: Jerry A. Dyer, Associate Civ11 Englneer SUBJECT: Approval and Ezecutlon of Contract Change Order No. 3 for the Professional Services Agreement with Centennial Civil Engineers Inc., C.0. 90-052, Foothill Boui evard Implementation Phase I, Account Number 15-50200 for (25,604.00. RECOMlE1DATI0M Approval and execution of Change Order No. 3 for the Professional Services Agreement with Centennial C1vi1 Engineers, to complete all Environmental Documents requested by CalTrans. Said change will increase the Consulting fines Contract f25,604.00 to (249,879.00, funded by RDA Account No. 15-50200 which are unexpended contingency funds far the Milliken Avenue Underpass Protect. On April 4, 1990, Centennial C1vi1 Engineers, Inc., was engaged by the City to prepare and submit to the City and CalTrans, a Protect Study/Design Report for the above stated protect. Since that time the Consultant submitted a draft report to the City and CalTrans for review and camaent. Caltrans returned this draft report, requiring orator changes and additions to the Environmental Report, required by Caltrans and CEQA for this protect. These changes are outside the original scope of work, necessitating the Change Order For this porttan of the consultants contract. The Engineering staff has reviewed these caaNmnts and/or requirements, end approves the requested change order. in addition, the necessary work orgy extend the campietlon of this protect 2-3 months, depending on the amount of caammnt time used when the report 1s resubmitted to Caltrans for final review. Respectfully submitte3p, C~ / K l~f Nor. Joe O'Neil City Engineer l~~J// MJO:JAD:IY Attachment - CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December 4, 1991 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Nm. Joe O'Neil, City Engineer BY: Nillie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROYEMENT SECURITY AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR A SINGLE FAMILY RESIDENCE, LOCATED ON 5291 SAPPHIRE STREET, SUBMITTED BY JAMES A. BRONN AND JOYCE N. BRONN. RECONE11dITI0N It is recommended that the City Council adopt the attached resolutions accepting the subject Improvement Agreement, Improvement Security and Real Property Improvement Contract and Lien Agreement and authorizing the Mayor and the City Clerk to sign said agreements and causing the same to record. BACKGROUND/ANALYSIS The developers, James A. Brawn and Joyce N. Brown, of 5291 Sapphire Street, northeast corner of Sapphire Street and Yicara Drive, requested a building pernit for 1350 sq. foot room addition. Nith reference to Ordinance No. 58, installation of missing off-site public improvements are a condition prior to issuance of building permit. After several meetings between the City Staff and the Developers, it was concluded that on Sapphire Street, the City will not require the off-site public parkway Improvements to be built at this time and thereby the developer is submitting a Real Property Improvement Contract and Lten Agreement for the construction of said improvemen+_s in the future. The Developers are also submitting an Improvement Agreement and Improvement Security to guarantee the construction of the missing off- site public improvements on Vicara Drive in the following amount. Faithful Performance and Labor and Material Security (18,000.00 23 CITY COUNCIL STAFF REPORT DECEMBER 4, 1991 PAGE 2 Copies of the Agreement are available in the City Clerk's office. Respectfully suMti1-tied, , \~~~~~~~ Wm. Joe O'Ne11 City Engineer NJO:NV:~h Attachment ~~ RESOLUTION N0. 9i~3~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO IMPROVEMENT SECURITY FOR 5291 SAPPHIRE STREET NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed on December 4, 1991, by Janes A. Broom and Joyce N. Brown as developers, for the improvement of public right-of-wAy adJacent to the real property specifically described therein, and generally located at 5291 SaDDhire Street; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done 1n conlunctton with the development of said real property; and NHEREAS, said Improvement Agreement 15 secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NON, THEREFORE, BE IT RESOLVED Dy the City Council of the CTty of Rancho Cucamonga, California, that said Improvement Agreement and said Improvement Security 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 thereto. a.~ RESOLUTION N0. 9/-~7l A RESOLUTION OF THE LITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERiY IMPROYEMENT CONTRACT AND LIEN AGREEIENT FROM JAI£S A. BRAIN ANO JOYCE N. BRgiN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME NHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public improvements in coniunctlon with building permit issuance; and NHEREAS, installation of off-Site parkway improvements established as prerequisite to Issuance of building permit for 5291 Sapphire Street has been met Dy entry into a Real Property Improvement Contract and Lten Agreement by James A. Brown and Joyce M. Brown. NOM, THEREFORE, BE IT RESOYED that the City Council of the City of Rancho Cucamonga, Cailfornla does accept said Real Proper>y Improvement Contract and Lien Agreement, authorizes the Nayar and the City Clerk to sign same, and directs the City Clerk to record same 1n the Office of the County Recorder of San Bernardino County, California. ~W H/[ L S/DE ROAO CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ITEM: 529/ SAPPh'/APE ST. TITLE: EXHIBIT: ~1 ~ ' r~ 7 CITY OF RANCHO CtiCAD10NGA STAFF ftEPOftT DATE: December 4, 1991 T0: Mayor, and Members of the City Council Jack Lam, AICP, City Manager FROM: Nm. Joe O'Neil, City Engineer BY: Steve M. Gilliland, Public Norks Inspector II~~ SUBJECT: APPROYAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT 13210, LOCATED ON THE NORTHNEST CORNER OF MILLTKEN AVENUE AND CHURCH STREET, SUBMITTED BY LEMIS HOMES RECONIEIDATION It 1s recommended that the City Council adopt the attached resolution, accepting the sublect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. BACKBROUMD/ANALYSIS Improvement Agreement and improvement Security to guarantee the construction of the puD11c Improvements for Tract 13270 were approved by the City Council on September 22, 1988, 1n the following amounts: Faithful Perfornmnce Bond: F500,000 Labor and Material Bond: 2250,000 The developer, Lewis Homes, is requesting approval of a 6-month extension on said improvement agreement in order for the landscape to complete its establishment period. Copies of the Improvement Agreement Extension are avallaDle in the City Clerk's Office. Respectfully subm fled, Nm. Joe O'Neil City Engineer NJO:SMG:sd Attachments Lewis Homes Management Corp. 1756 NoM Mounum Avenue / P.O. Box 670 / Upluxl. CJilomii 91785~S00B 714N85.0971 FAX: 7i4y49~6700 November 4, 1991 City of Rancho Cucamonga 10500 Civic Center Drive P. O. Hox 807 Rancho Cucamonga, CA 91729 Attn: Steve Gilliland Engineering Division Dear Steve: Enclosed please find our Improvement Agreement Extension for Tract 13270 for a 6 month period, as well as our check in the amount of $251.00. This extension is necessary to accommodate the maintenance period for landscaped medians. We appreciate your consideration of this extension request. Sincerely yours, LEFSIS HOME MAMA T CORP. x //I//^//C/A Josep M. VlesOm vice re ident Seni r Project Manager JMO:ksk Enclosures aq RESOLUTION N0. 9~' ~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13270 NHEREAS, the City Councii of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on December 4, 1991, by Lewis Hanes as developer, for the Improvement of public right-of-way ad,~acent to the real property specifically described therein, and generally located on the northwest corner of Milliken Avenue and Church Street; and NHEREAS, the installation of such improvements, described 1n said Improvement Agreement and subfect to the terms thereof, is to be done in conjunction with the development of said Tract 13270; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Improvement Security, which 1s identified in said Improvement Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. _30 ---- - CITY OF RANCHO CL'IAMONGA .~ ~ , STAFF REPORT DATE: December 4, 1991 T0: Mayor and Members of the City Council ~':~, Jack Lam, AICP, City Manager FROM: Ytm. Joe O'Neil, City Engineer '_~_.~-----~ eY: Steve M. Gilliland, Public Norks Inspector I~-~sg~-~ ~i SUBJECT: ACCEPTANCE OF IMPROVEMENTS pN0 RELEASE OF BOND FOR DR 87-20, LOCATED ON THE NDRTHEASI CORNER OF HERMOSA AVENUE AND 61N STREET RECOMIENOATION: The required improvements for D0. 87-20 have been completed in an acceptable manner, and it is recamaended that City Council accept said improvements and authorize the City Clerk to release the Faithful Perfori~wnce Bond to the amount of 12,000. The required improvements were solely the installation of 20 street trees. BACK91OU11O/AMALTSIS DA 87-20 - located on the northeast corner of Henasa Avenue and 6th Street . DEVELOPER: Indumar Investments 4071 E. La Palma, Suite D Anaheim, CA 92807 Release: Faithful Perforsance Bond (Street Trees) 52,000 Respectfully submitted, 1 m,~ Nm. Joe O'Neil (l City Engineer NJO:SMG:sd Attachment RESOLUTION N0. 9~- . j 73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CULAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROYEMENTS fOR DR 87-20 WHEREAS, the construction of public improvements for DR 87-20 have been completed to the satisfaction of the City Engineer. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted. 3a- - ----- CITY C1F RAtiCHOI'i'CANOtiG~ ~~ STAFF REPORT DATE: December 4, 1991 ~~k.i:1~,! T0: Mayor and Members of the City Council lack Lam, AICP, City Manager FROM: Wm. doe O'Neil, Ctty Engineer BY: Steve M. Gilliland, Public Works Inspector tI~ -~~- ~I SUBJECT: ACCEPTANCE OF IMPROVEMENTS, RELEASE OF 80NDS AND NOTICE OF j COMPLETION FOR MILLIKEN AVENUE MEbIAN LANDSCAPING, LOCATED ON MILLIKEN AVENUE BETWEEN FOOTHILL BOULEVARD AND BASE LINE ROAD I RECONENDATION: The Milliken Avenue Median Landscaping has been completed fn an acceptable manner, and it is recommended that City Counc}1 accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond 1n the amount of ;475,248. BACK8t0UND/ANALYSIS Milliken Avenue Median Landscaping - located on Milliken Avenue between Foothill Boulevard and Base Line Road DEVELOPER: Lewis Homes 1156 N. Mountain Avenue Upland, CA 91786 0.elease: Faithful Performance Bond ;475,248 Respectfully submitted, Nm. doe O'Neil City Engineer WJO:SMG:sd Attachment RESOLUTION N0. 9~" ~/ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEUENTS FOR MILLIKEN AVENUE MEDIAN LANDSCAPING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NORK WHEREAS, the construction of public improvements for Milliken Avenue Median Landscaping have Deen completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be f71ed, certifying the work complete. NON, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer 1s authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ~~ NT O . ~ NS CITY OF RANCHO CliCAMONGA STAFF REPORT December 4, 1991 Mayor and Members of the City Council Jack Lam, AICP, City Manager file the AC~r P Y rifyr~9 °9a is Of .. Brad Eu liar, City Planner Bruce Rockingham, Planning Technician SUBJECT: CONSIDERATION OP ENVIRONMBNTAL ASSEHSMENT AND DEVBLOPMSNT CODE AMENDMENT 91-01 - CITY OP RANCHO CUCAMONGA - Consideration of a request to amend Title 17, Chapter 17.12 of the Rancho Cucamonga Municipal Code to eliminate Compact parking spaCea and reduce the standard size parking space to 9 feet by 1E feet. CONSIDBRATIQ7 OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPEC IP LC PLAN AMENDMBNT 91-01 - CITY OF RANCtlO CUCAMONGA - Consideration of a request to amend Yert III of the Industrial Specific Plan to eliminate compact parking spaCea. 1 These items were scheduled for second reading on November 6, 1991. At the request of the Council the Sterna were continued in orde< to conduct a Eield parking teat. Aespe lly submitt Arad ull Cit PLanner BB:BE/JF5 Attachments: Ordinance No. 462 Oid lnance No. 463 ORDINANCE N0. 462 AN aRDII~NCE OF 'i}ff; CLTY Q1TR9CII. CF 4HE QTY OF RANQiO LTICAM7NCA, CALLMIlS]IA, APPROVING DEUElDPMpNT NDE AMFSIISII~PR' 91-01, AblfNDING TITLE 17, Q~PTFR 17.12, OF 11~ RANCE30 QYCAMONGA MUNICIPAL CODE, ELII~TIDIC GTTII~ACT PARlCIIdG SPACES AND REDSICING THE STANDARD SIZE PARKING SPACE 'i0 9 FEET' BY 18 FEET, AND T4tiCIIJG FINDINGS IN SOPPOTQ''iHFRFAF 'lhe City Council of the City of Paneho cl~camonga does hereby ordain as follows: '" ON 1: Section 17.12.030.A.1. of Qraptet 17.12 is hereby alfElld2d to read in wvrcls and figures as follows: 1. Starrk~xd stall size: Fach parking space shall mnsist of a rectangular area not less than 9 feet wide by 18.0 feet long. In measuring the length of paving required for a parking space, allowance may be made for up to a 1-foot vehicle projection beyord the b;m>txr or tire step if such projection does not interfere with landscaping or pedestrian u_se. All parking spaces shall have a vertical clearance of not less than 7.5 feet. ~8~ SfXTION 2: Section 17.12.030.A.2. of Chapter 17.12 is hereby amended to read in words and figures as follows: 2. 4fien a side of any parking space abuts a building, wall, si¢~port colwm, or other oia5truction which interferes in arty way with access to a motor vehicle, the space shall be a minimmn of 2 feet wider than otherwise rewired by this section. 3(0 Oidir7ance No. 462 Page 2 SECTION 3: Section 17.12.030. C.3. of Chapter 17.12 is hereby amended to read in words and figures as follows: 3. 'i4ro-way access driveways with no pazlcirg shall be a minimum Of 24 feet, except 26 feet shall b° provided where' necessazy for emergency vehicle access. One~.ray aosss driveways with ra parking shall be a minimum of 12 feet. SECTION 4: Seg.-lion 17.12.030. D.1. of Qiapter 17.12 is hereby amerdcd to read in wonis and figures as follows: 1. Eadi parking facility is designed with parking bay units. ~ site or width of this unit is dependent on one- or two-'aay traffic and single- or double-loaded aisles. Use the following table to determuie the overall width of the patlcinq bay design which is being used. 71ie dimensions listed are the amamt necessary to contain parking stall depth and aisle width, without overhatt3. Parallel parking may be permitted; however, it must not be mooted as part of the raluired driveway width and must maintain 4 feet between spaces. Table 17.12.030.D -Overall Paz%ing Hay Aidth 30 Pazking Angle 45 (in degrees) 60 90 i. Aisle Width a. One-Way Traffic 12' 14' 18' 24' b. '!wu-Way Traffic 20' 21' 22' 24' 2. Single-Yoaded Hay Width One-Way Traffic a. Wall-fn-Wall 28'4" 32'9" 37'10" 42'0" b. Overlap Z4'8" 29'9" 35'9" 42'0" 3. Double-Ioade~ Hay Width One-Way Traffic a. Wall-to-Wall 44'8" 51'6" 57'8" 60'0" b. Overlap 37'4" 45'6" 53'6" N/A 4. Single-Loaded Bay Width 'Ikv-Way Traffic a. Wall-to-Wall 36'4" 39'9" 51'10" 42'0" b. Overlap 32'8" 36'9" 39'9" 42'0" 5. Double-iaaded Bay Width Two-Way Traffic a. Wall-to-Wall 52'8" 58'6" 61'8" 60'0" b. Overlap 45'4" 52'G" 57'6" N/A 37 Ordinance No. 462 Page 3 A ~ ANGLE B .AISLE WB)TM O ° BAV WpTN ONE. WAY SINGLE LOADED WALL~70-WALL D ~ BAY WIDTN ONE-WAY SINGLE LOADED OVERLAP E ~ BAY WIDTN iW0-WAY DOUBLE LOADED WAIL-TO-WALL F .BAY WpTM TWO•WAV DOUBLE LOADED OVERLAP SFK'PION 5: Section 17.12.030. p.3, of Qlapter 17.12 is hereby deleted in its entirety an3 all subsequent sections renumbered anrorTii.rgly. SEL120N 6: Section 17.12.040.A.2. (h) of Chapter 17.12 is hereby deleted in its entirety and all subsequent sections ren~nnberad aavrdirxlly. SECTION 7: Section 17.12.040.0.3. is hereby deleted in its entirety atd all subseyuent sections renwNxred aarordingly. SECTION 8: Section 17.02.030.A.3. of Chapter 17.12 is heteDy amendgl to read in woxtls and figures as follows: Handicapped stall size: Each parking space designated for use di' the handicapped shall consist of a rectargulai- area not less than 14 feet wide by 18 feet long, and shall he located in an area not exceeding 2 percart slope. All spaces shall be locat~i near of corrvenia-nt to a level or ranked entr~arxx, rot exceeding a 5 percent slope, to the facility served by the parking space. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only. 38 O"`j~ No. 462 Page 4 ~ .~ ` •r+ ~ . ....~+o ' s_P+ E -. ~ vw. ~r. +~ ~ ~ C -nr ^ :e ~ a r cu o ~ ,`~:~, ~ ' ' ~ -r ~. z ~ ~ s,.. x ' r 7.w ~a '+ a / T'.WU :~ 'ti ^SV~ 'YwcG w ~ K.~ ' ~R y ~ ~R~ 4 IW ~ V Y..,l !-WIDIUPPCp 0T1Lt. ~xtE skXl`LON 9: This Cauicil finxis that this amendment will not adversely affect the envirorm~ent and hereby issues a Negative Declaration. SF7C1?ON 10: the City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinanoe be rendered or declared invalid by any final mount action in a cast of anq.~etent jurisdiction, or try reason of any preemptive legislation, the remaining previsions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full foroe and effect. SFS.TION 11: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Vallev Daily Buret' , a n~cxspaper of general circulation publishe9 Ln the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 3q ORDINANCE NO. 463 AN ORDII@WCE OF 7HE CPEY CODNCII. OF 'DIE CPiY OF RANCHO CUCA1•DNGA, CAISFORNIA, APPROVING I1IDSJSi12IAL SPFXSFIC PIAN AM~7i' 91-01, EI,IEIIPATING ¢Y~ACP PARKING SPACES, AND MAKING FINDINraS IN SUPIVFa' 'D-ID2IIJF 'Ifie City Camcil of the City of Rancho Cucanprcp does hereby ordain as follows: SECTION 1: Part III, Section F.6 is hereby deleted in its esrtirety aryl all sut~quent sections renumbered acmrt3irgly. SDCPION 2: This ~uncil finds that this amervimcrrY will not adversely affect the environment and hereby issues a Negative Declaration. SECTION 3: 'Ihe City Council declares that, should arty provision, section, paragraph, sentence, or word of this Oniinance be rendered or declazed invalid by arty final Est action in a court of conpetent jurisdio- tion, or by reason of airy preeigrtive legislation, the rem3ininq provisions, sections, paragraphs, sentences, and words of this Ordinance shall rennin in full force and effect. SECTION 4: 'the Mayor shall sign this Ordinance. aryl the City Clerk shall cause the same to he published within fifteen (15) days after its usage at least once in the Inlard Vallev Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulates in the City of Rancho Cucamonga, California. ~~ OFDTNANCE NO. 453 AN ORDII-P.NCF, OF 7~ CPiSC WIA7CIL~ OF 'lI~ CITY OF RANCf[0 CUCANRINGA, CAISkURNIA, APPR(P7ING EITWAti[14 SPEC„1FIC PLAN AMENLl~3TI' 91-03, SUEARF7t 5, TD AMFND 771E ETSFlANLY+ SPECIFIC PfAN LAND USE MAP FROM MmII.M RESIDENTIAL (8-14 DWQ3,ING UtfSYS PER ACRE] TO IDW MIDSLM RESIDINIIAI. (4-8 RJFJ.1.IIiG lINPIS PEI2 ACRE) YtN2 APPf~]]CII'IIfCtY,Y 10.09 ACRES OF IAND BOImERID ON THE NORM AND WEST BY ExZSTTNG IC7W MIDIIM RESIDEt11TAL DESIQ~P.TID IAND, ~1 THE RASP 8Y E7CCSPING OFFICE/PROFESSSONAL DFSIINATFD IAND, AND ON THE SOUIH BY BASE LINE AOAD, AND MAICIIiG FINDINGS IN 5'DPPOitC Tl~RD3F - APN: 227-131-34 THAOLYli 36, 52, AND 53 A. FECitals- (i) On July 6, 1983, the City Cwncil of the City of Farx3ro Ctzcattorga approved the enactimnt of the Regulatory Provisions of the Etiwarda specific Plan thraxgh adoption of Otcliz~anc~ No. 203. (ii) On March 16, 1991, the City of Pancho Cucaimrga filed an application for Etiwarda specific Plan Mpadinent No. 91-03 as des¢il.>ad in the title of this Ordinance. Hereinafter in this Oxilu~anoe, the subject Etiwarrla Specific Plan AcmnLmnt is refen~ed to as "the application." (iiij 0n August 28, 1991, the Planning Camiission aP the City of Rancho Cucarmrcp mnlucted a duly noticed public hearing on the application aril recamrerried approval ty the adoption of Resolution No. 91-64A and also issued Resolution No. 91-63A zecunmJdirg to the City Cotunil that the associated General Plan AmezYLmnt No. 91-02B, SUharea 7, be apprcnred. (ivj On NoveAlri 20, 1991, the City Camcil of the City of Rancho Cucamsnga conducted a duly notices public hearing on the application. (v) All legal prerequisites prior to the adoption of this Ordinanoe have occurred. B. Ordinance. NOW, Ti~TiEtURE, the City Cumcil of the City of Rancho Cucvroirga does herekry ordain as follavs: 1, this ca~ncil hereby sp~ifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evil-nce presented to this Cauicil durixxJ the above-referenryx3 public hearing on November 20, 1991, including written and oral staff reports, together with public testimony, this Cwncil hereby specifically finds as follaus: (a) .;<abarea 5 of the application applies to approximately 10.09 aczes of land, basically a rec~tan~rlar configuration, bordered on the north aril west $' Lw Meditun Residential designated lard, on the east by existing Office/Professional designated land, on the south by &~se Lime Road as shown on Exhibit "A1," an3 is presently vacant. Said properties are currently designated as Medium Residential (8-i4 dwelling units per acre); arcs Orrddinance No. Page z (b} the property to the north of the subject site is designated Inn Medium Residential and is vacant. the property to the west is designated IOa Medium Residential arrl is urcleiMeveloped with a single family residence. 'ihe property to the east is designated office/Professional and is vacant, the prclr.:zty to the south of Base Line Tukad is designated Medium Residential and is vacant. (c) 71us amezdment does rot conflict with the Iard Use Policies of the General Plan and Etiwarda Specific Plan and will provide for develop- mertt, within the district, in a manner corristent with the General Plan ani with related development; and (d) `This airettlment does prcrtate the goals and objectives of the Iard Use Element; and (e} 'ihi.s amerxfirent world rwt be materially injurious or detrimental to the adjacent pcnperties and would rwt have a significant impact on the envinvtm~ent nor on the sunotmding properties, 3. Bassi upon the sutstantial evidence presented to this Camcil during the above-refererae<i public hearing att3 upon the specific findirr,}s of facts set forth in paragraphs 1 std z above, this Council herelry finds and concltxies as follows: (aj 'that the properties located in Sabarea 5 of the application are suitable for the uses permitted in the prgxxicrd district and are ~xatible with existing and surrounding lard use designations as eviderraed bye the site's being 6otclPSed on the north an3 west by the same lard use designation; and (b) 'chat the pry amentmnt world not have sicgufirarit impacts on the ernirormm~t nor on the sLUrowndug ptopexties as evidenced izy the firrlings and conclusicers listed in Parts 2 and iI of the Initial EYrvironomntal Study arcs that the proposed designation world zed~x~e the intensity of future residential developrent on the subject pmpezties; atrl (c) 21wt the propose3 airourLmint is in confon~nrce with the General plan and the Etiwarda Specific Plan by prarotirg the retention of Etiwanda's rural ata~esphere throuc~ reduced residential densities. 4. this Gxuncil hecelry finds that the project has Veen reviewed acd considered in carQliance wi*1~ the California thvimtcmrtal Quality Act of 1970 atti, flui:her, this Cmmission hereby authorizes the issuance of a Negative tY~:laration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Ccwrcil lv-+reby ott3ains that on the 20th day of November 1991, the City Council of the City of Rancho c\icazrorga approves Etiwatxla Specific Plan tvmlxtmnt No. 91-03, Subarea 5, amending the Etiwarda Specific Plan tard Use Map Fran Mecliwn Residential (8-14 dwelling units per acre} to Ida [Eedivm Residential (4-8 dwelling units per acre) for approxi- mately 10.09 acres of lard bordered on the north and west )rp existing Loa Median Residential designated lard, on rho east by existing OfficeJProfes- siotal designated lard, and on the south by Base i,ihe Road, as shown in EM~,ibit "A1." Ordirurrx. HO. Page 3 6. 'lt,e Mayor shall sign this Otdinaame attl the City Clark shall cause the same to be published within 15 days after its ~ ~- at least ane in the Iniarti Valley Oaily Bulletin, a newspaper of general circulatirn publishsl in the City of Ontario, Califoxxua, acd ci2~ulated in the City of Rancho Aga, California. ~3 Y,..DA A 5~--~ -_~.-_-_ -_ ~~ _ - L _ V L ~-- '_ L . ~= ~ l9~~I,i ~~~ ~ Q mm.S1~-'. '~ ' euw.nd. sP.~~r~ Pl.n `y i, I Am•ndm•nu 919] ~ I 4 Goo~Dill Blvd. SP•.~Yic Pbn '~~, Am•ndm•nl• 9b92 a LM LM~~. LM - Di•tricr D••i9n•lion y ® PAOPEA11E5 CUA0.ENYLY DESKNAIEO YEOIUY ~~> AESIDEXiIAI IA-IA DAELIIML UXDEA .--T UNItS PEA AGc0.E1 COMSIDFAA110M OA REDESILMA"DM '~~' 'J it A UaEI LING Nt~EPEA ACREI OP l - `., ~ ESPA s.eo•• Na* LMi OP ~' ! W ' ~ FSPA SuD•r•• No• ~ y , iii +~~ • ` Y ~7 ,., ' ,~ ~ LM ~ .. ~ - `~~\~~ C.Comm.r ' C.Comm. I~~n~ r~L~ I\\~F~ ' Aag.ReLCOmm~. _---r-+ ,_ Comm '+ Regional RelaEed-6AAIm 111 y suDn.. A/.mmd.d ync•b _ ~TF.\t ESPA 91.07, fSPA 91-02 •-- ~ C1~' OF RAtiCHO CUCA.'v10tiGA ~TtTLE s ,~,i,~ Pl.n Am.na loc•b•n M.P PC_~.\\ItiG DIVISIOti c`\HBR 'At• SOLE __ ORDINANCE NO. 454 AN ORDINANCE OF THE CITY CDIINCII, OF THE CPPY OF RANCHO C-TxAM%i(~A, CALIFO3II4IA, APP%7VING EPiWAtIl1A SpE~C1FIC PIAN AMENR4ESIf' 91-03, WEST' PORFION OF SUBARF7~ 6, i0 AMEND '17B; filIWANDA SPECIFIC PIAN LAHI) USE MAP F%M MIDIIM RESIDIN- TIAI. (8-14 UWE[S.IPIC' UNITS PER ACRE) 70 IOW-t4DI[M RFSIDENiIAL (4-8 GWE[d.II4G UNPfS PER ACRE) F>~2 APPfmXI- MATEGY 10.00 ACRES OF IAND BDRDERID (RI ~ NCHZIH BY THE SOU1FIDdJ PACIFIC RAILWF\Y, ON THE FAST BY EAST AVF2iUE, ON THE SGUII-I BY EXISTING OFFICE DFSIGNATID W~ID, AND ON THE WESP BY EXISTING IDW-PQ•DiTM RFSIDFNFIAL DFSI(~R1TID IAFID - APN: 227-141-14 AND 66, AND MAKII4G FINDINGS IN SUPP(RYf THERDJF A. Recitals. (i) on July 6, 1983, the City Council of the City of Fandro Qlcamorga approved the enacttmnt of the Regulatory Provisions of the Etiwarda Specific Plan through the adoption of Oniinanoe No. 203. (ii) On Mardi 16, 1991, the City of Rands Cucamonga filed an application for Etiwarda Specific Plan AmettLmnt No. 91-03 as described in the title of this Onjinance. Hereinafter in this Ordir~anoe, the subject Etiwanda Specific Plan AmerrLrent is referzed to as "the application." (iii) On August 28, 1991, the Planning Crnmi.ssion of the City of Randno Cuca~mnga mrducts7 a duly noticed public hearing on the application and remmprided approval of the west portion of Subarna 6 by adoption of Resolution No. 91-66A and also issued Resolution No. 91-65A ra^amm~ding to the City Council that The associated General Plan AmenrLnast No. 91-026, west portion of Subarea 8, be approved. (iv) On Novemter 20, 1991, the City ~mcil of the City of RanKiw Cucamonga conducted a duly noticed public hearing on the application. (v) All legal prerequisites prior. to the adoption of this ordinance have oaurred. B. Ortlinance. NOW, THQ2EFURE, the City Cauicil of the City of Rancho ancamorga does hereby ordain as follows: 1. This Cauicil hereby specifically firx3s that all of the facts set forth in the Recitals, Part A, of this OrdirMance are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on Novanber 20, 1991, inclidi.ng written and oral staff reports, together with public testimony, this Council hereby specifically firrls as follows: ~5 ordirranee No. 454 Page 2 (a) Subarea 6 of the application applies to arrr~rn+rimately 20.34 acres of lard bordered on the nox7h bi+ the Southern pacific Failway, on the east by the Ontario (I-15) FYeeway, on the south by existing Office/Profes- sional desigrrated lard, arcl on the west by existing Loa Medium Residential designated lard as shown on t~ibit "Al," and is presently rvderdeveloped with two single family residences. Said properties are arrrently designated as Medium Residential (a-14 dwelling units per acre); and (b) the property to the north of the subject site is designated Low Medium Residential and is vacant. The ptotxzty to the west is desigrate3 freeuray and is developed with the Ontario (I-15) FYeeway. 7Tre property to the east is designated Iva Medium Residential and is vacant. 'tfie property to the south is designated Office/Professional and is vacant. (c) 'this arrosrLmsrt does not conflict with the Lard Use Policies of the General Plan and of the Etiwarda Specific Plan and will provide for developmnt, within the district, in a manner consistent with the General Plan and with related developmerrt, but lard use inomtxatibilities may result on the east portion of °•~---- 6 because this area is adjacent to significant transportation facilities; and (d) 'Kris amerdtrent does promote the goals and objectives of the Land Use Element; and (e) 'Ifiis amerxLrent would rat be materially injurious or detri- mental to the adjacent properties and would rat have a significant inpact on the environment nor on the surraudirg properties, but lard use iraonQatibili- ties may result for the east portion of SuLerea 6. 3. Based upon the substantial evidence presented to this Cstuncil during the shove-referenced public hearing and upon the specific findings of facts set forth in paraeg-aphs 1 and 2 above, this Camcil hereby finds and mrrcludes as follows: (a) 'that the properness located in the west portion of Subazea 6 of the application aze suitable for the uses permitted in the proposed district and are a~patible with existing arc] surxuxdirg lard rise designa- tions as evidenced bi' the sites being bordered on the rartlr and wrest by the same larc3 use designation; and (b) 'chat the proposed atmndtmnt for the west portion of Subarea 6 would not have significant ingacts on the envirormient ear on the yvrrprrditg properties as evidenced by the findings and conclusions lists? in Parts I and II of the Initial Errvirornrerrtal Study and that the proposed designation for the west portion of Subarea 6 would reduce the intensity of future residential development on the subject properties; and (c) 'fiat the proposed amerr8nent for the west portion of Subarea 6 is in conformance with the General Plan aml the Etiwanda Specific Plan by promoting the retention of Etiwanda's xvral atmosphere tlrragh reduced residential densities. ~W Ordinarne No. 454 Page 3 4. this Camcil herrby finds that the project tas peen reviewed and mnsideied in oonplianae with the California F]rvir'comental Quality Act of 1970 and; fi+++hm- this ~nicelOn hereby aut1pr12e5 the icomrrn Of a NegatllR Dec_aration for the west portion of Subarea 6. 5. Based upon the findings and oor~clusiorvs set forth in paras~aphs 1, 2, 3, and 4 aWVe, this Council hereby resolves that on the 20th day of Novemper 1991, the City Cora~cil of the City of Randq C0~ app~-rnies Etiwarda Specific Plan Amerdmnjtt No. 91-03, west portion of S~harea 6, ameld- irg the Etiwarda Specific Plan Iard Use Map frvn Medium Residential (8-14 dwelling units per a¢e) to Inw Medium Residential (4-S dwelling emits per acre) for approximately 10.00 acre, of lard as shown on Dd~ibit "Al." 6. The Mayor shall sign this Oxdir~arne and tee City Clerk shall cause the sane to be publisher] within 15 days after its passage at least once in the lnlarrl Vallev Oaily Bulletin, a newspaper of gernral circulation publishcrl in the City of Ontario, California, and cin~vlated in the City of Rancho Cucalaaga, California. ~~ r,c•UA~., rret --- - -- _ - vL - / ~ vL_ ___~-._ ~_____i ~- j _ -- ~ L ~ ~~ ~~ _LM.-I ~" ~ OP CO M. . ~ mm.Sf'Iv. ~ ~, ~ II 1 J Etivr.nd• Sofmhc vlfn ,~, I A m.ndmfM• 9109 i~ i~ „I Foot Nill Blvd. Sp.mfic Pl.n l• 91~OR d l y C mfn I1T.n p LM q -- LM LM - oifvbt of.ivnawn - G ~~.,,~- ® PPDPEAtIES CUAAENiIY ~' DESKMATED YEDIUY ~•^~Y ' RFSIDENTIAI (A-R DYEIIING CRE) UNOFA ~ ~ UNITS PEA A `NAPDN ENiS E A N 'JOP A SIQ IUY A lOt YE 10 (l-A DYEIIINC UNIi3 PEA ACRE) t)P ~O LMI 1 .ESP. SuE.n• No. ~t ~ ! ~ FSPA SuE.n• No. ' y ~ ?~ .I ~ ' ~ ~_ ' < ~ ~+ /, ;-- ~~ "~ ~~I C.domm.n '' J Reg.ReLCemmj C.~omm. 9 ~~~A 4, -r N11, Regional Re11UA~6q>Jtm ~...-..«^-.~-~""h~-^-^~~7 . , . .~ E ..~-(' ~~-~~,,~~ $YGf~ {~.T.r1a.a P~ICN. )-~E}1 ESPIA 91.0], FSPA 91-02 .-_ G'I't' OF RA.tiCHO CUCA.'v10tiGA Tm-Esp. ~u~ Pl.n .m.na. L.~.oon M.p PL_a.\VItiG D[VISIOti ~ E\HiBR •A t• SCALE _. ORDINANCE N0. 470 AN ORDINANCE OF 'tf~ CITY LO[AJG'II, OF '17~ CP1Y OF RANCHO CUQ~CIGA, CALSFORNLA, APP%)VING VICTORIA PIANNID OQ44[A7P15i AMEHlI7fNf 91-03, SUBARI7~ B, AMENDING 1HE VIC1bRIA PLANNID CQRAUNPIY IAND USE MAP FROM MIDILM-fQ(3i RESIDII7PIAL (14-24 LWIIdSNG UNTTS PER ACRE) IO MIDILM RN5IDIITi'IAL (8-14 DWII3.ING UNPPS PER ACRE) FOR 19.3 AQ2ES OF LAND IDCATED @7 1fR; NOHIf{ SIDE OF BASE LINE F2lIAD, WEST OF VLCiT)RTA PARK IANE, AND MAKING FIAIDINGS IN SUPPORT THII2D3F - APN: 227-091-14 AND 15 A. I~Citals. (i) On May 20, 1981, the City of Rarr3~o Cucamonga approved the enachmnt of the Victoria Planned Camamity throuyh the adoption of ordinance No. 143. (ii) On August 5, 1991, the City of Fandw Cucamorga filed an application for Victoria Planned Camunity Aner~nent No. 91-03, Subarea B, as described in the title of ttus Ordinance. Hereinafter in this Ordinance, the subject Victoria Planned Cemnmity A~ms~nent is referred to as "the application." (iii) On October 9, 1991, the Planning Camussion of the City of Randio Cucamo~a oorducted a duly noticed public hearing on the application an] following the mnclusi~ of said public hearixl, adopted Resolution 91-168 recamietding to the city Council that the application be approved. (iv) On Novenber 20, 1991, the City Council of the City of Rancho cixamorga mnductsl a duly notiarl public hearing and corcluded said hearing prior to the adoption of this Ordinance. (v) All legal prerequisites prior to the adoption of this Ordinkv~ce have occurred. B. Ordinance. NOW, 1fQ'REFbRE, the City mwicil of the City of Ranctw Cucamonga does hereby ordain as follows: 1. 'This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on Novm~bec 20, 1991, including written and oral staff reports, together with public testimony, this ~uicil hereby specifically finds as follows: (a) The application applies to 19.3 acres of land located on the north side of Base tire Rail, west of Victoria Park lane and is presently undeveloped. Said prgrlty is currently designated Medium-High Residential (14-24 dwelling units per acre); and~~ Ordinanx,~e No. 470 Page 2 (b) The property to the rorth of the subject site, past the Santherr7 Pacific Railroad right-of-way, is desicg~atsl Ica Residential (2-4 dwelling units per acre) arcl is developed with side family xesidenoes; the property to the south is designated High Residential (24-30 dwelling units per acre) and is developed with an existing, r~nformvg industrial building used to produce wire Vinegar; the properties to tkre east are designated Medium-High Residential (14-24 dwelling units per acre) and Village Commercial and are developed with a arri~inium project and a a~ercial stropping center; and the property to the west is designated Medium-High Residential (14-24 dwelling units per acre) and is developed with a recreatiorel vehicle storage facility; and (c) 'ltris ameidn~rt does not conflict with the lard Use Policies o£ the General Plan affi Victoria Plamred O>nmmity and will larovide for development, within the district, in a names oor~istent with the General Plan and with related deVelopmnt; and (d) 'R~is aIDenrNent piarotes the goals and objectives o£ the Larci Use Elemnt; and (e) Rhe properties located in Silatoa B of the application are suitable for the uses permitted in the proposed district and are wipatible with existing and adjacent lard use designwtiore as evidenced $' the logtion of properties with lower density land use designatia~s 6orderirg the subject site to the north; and (f) 7Y~is amercLnent would rot have a significant inpact ~ the envirorvmnt nor on the o„-.r.,r,rtim properties as evlde~~oed by tk~ findings and conclusions listed in Parts I and II of the Initial Study; and 3. This Cannil treteky firr3s that the project has been reviewed and considered in ea~pliance with the California Errvirnnrental Quality Act of 1970 a~xl, further, this Council hereby issues a Negative Declaration. 4. Based upon the fi~dugs and conclusions set forth in paragraphs 1, 2, and 3 alrove, this Council hereby approves Vicl-.oria Planned Comamity Amerrfipnt 91-03, Subarea B, amexling the Victnx'ia Plarvied Comnanity Land Use Map from Medium-High Residential (14-24 dwelling units per acre) to Medium Residential (B-14 dwelling units per acre) far 19.3 acres of larcl located m the north side of Base hire Road, west of Victoria Park Iare as slwwn in Ekhibit "A." 5. 'Ihe Mayor shall sign this Ordinarloe and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Vallev Deily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Ramho Cucannnga, California. -J O 0 W N '~ ~ EXHIBIT 'A" ORDII7ANCE NO. 471 AN ORDII4.ANCE OF '141E CPI'Y NiRiC;LI, OF THE CPIY OF RANQ~i0 CUCATIN4(~A, CAISFTHd4IA, APHN)ViNG VICIt7RIA PiANNID OU<34UNLTY AMF?>ft~ff17P 91-03, "UBARFA C, ATID~IDING THE VICRH72A PIANNID OM4Uf71TY LAND USE MAP FRLM t4D2[M-FQQi RFSIDFM'IAI, (14-24 DWELLING iJNPiS PII2 AQ2E) TO MEDILM RESIDENTIAL (8-14 DWELI:DJG UNTIS PFR A(RE) FUI2 21.77 ACRES OF LAND IDCATID ON THE NORTHWEST WI34II2 OF BASE LINE I2C1AD AFID THE F171S1f2E DAY l7tEQ( BO[7LEUAIB), AND MAKING FIIiDIl4GS Iti SUPIMC' TIBRFDF - APFI: P~II'ION OF 227-091-18 AND 19, 227-091-20 TfIId~i1171 22, AND 227-091-43 A. Recitals. (i) On May 20, 1981, the City of Rancho CUCangnga approved the enactment of the Victoria Planned Camunity tluroix)f~ the adoptiai of Ocduiatre No. 143. (ii) On August 5, 1991, the City of Ra~rho Cucv~cxya filed an application for Victoria Planned Camunity A'^>^fi!w^* No. 91-03, Subarea C, as described in the title of this onlinance. Hereinafter in this Orrlinanoe, the subject Victoria Planned Camunity AmerrLnent is referred to as "the application." (iii) On October 9, 1991, the Planning Caimission of the City of Rantl~o Cucamonga rntduci'sd a duly noticed public hearing on the application and following the conclusion of said public hearing, adopts] Resolution 91-164 recrnnnttiirg to the City Council that the application be approved. (iv) On November 20, 1991, the City Council of the City of Randlo Cucannx~a corducta9 a duly roticed public hearing aryl concluded said hearing prior to the adoption of this Ordinance. (v) All legal prerequisites prior to the adoption of this Ordinance have occlu red. B. Ordinance. NOW, THFREFtlRE, the City (buncil of the City of Rancho Cucamonga does hereby ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in ttw Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing on November 2O, 1991, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: {a) 'lhe application applies to 19.3 acres of larcl located on the northwest corner of Base Line Road and the future Day Creek Boulevard and is presently undeveloped. Said property is currently designated Medium-xigh Residential (14-24 dwellitg units per acre); and S2 01Tliilalre No. 471 Page 2 (b) 'Rue property to the rc>rth of the subject site, past the Southern Pacific Railroad riot-of-way, is designated Inw-Helium Residential (4-B dwelling units per acre) atd is undeveloped; the property to the south is designated Regional Related Office/Ct~ercial and is vacant; the property to the east is designated Utility oaridar and is vacant; an3 the property to the west is desigr~aterl Utility Corridar arcs is used far planet storage; and (c) 11us anrnmoesut does rat cmuflict with the land Use Policies of the Gerueral Plan arrl Victoria Planmed unity and will provide for develgment, within the district, in a nurvuer ernsiste»t with the Genrsal Plan aryl with related develolmem; a~ (d) 'This ama„rn+w„f pronatrs the goals arcl objectives of the Lard Use E1Ement; and (e) 'ihe properties located in o+>+~*~ C of the application are suitable for the uses pernutted in the proposed district and are w~patible with existing arcl adjaoerut land use designations as evideraed bi' the location of properties with lover density land use desigrmtions bordering the subject site to the north; and (f) 'kris amendment world rot have a significant iapact on the errviramierut nor on the asraading properties as evideraed bn+ the firdinrls and conclusions listed in Parts I and ZI of the Initial Study; and 3. 'Otis Council hereby finds that the project has been reviewed and considered in ocaQliance with the California FYrvirormwntal Quality Act of 1970 aryl, further, this wail herelry issues a Negative Declaration. 4. Based ~ the findings and conclusions set forth in paragraphs 1, 2, arcl 3 above, this Council hereby approves Victoria Planned Camunity ArmxLnent 91-03, Subarea C, amending the Victoria Planuned Comamity Iarrl Use Map from Medium-Higtu Residential (14-24 chellirg units per acre) to Medium Residential (8-14 dwelling units per acre) far 21.77 acres of lard located uu the rartluwest corner of Base Line Road arc? Victoria Pazk Lane as shown in Ddribit "A. n 5. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least cvure in the Inland Vallev Daily Bulletin, a >r of general ciu-wlation published in the City of Ontario, California, and circulated in the City of Rancho CLCaumrga, California. 53 N 'J ~ EXHIBIT 'A' ORDINANCE N0. 472 AN ORDINANCE OF THE CITY ~b[M(:II. OF THE CITY OF RANCHO CUCAM)N(,A, CAISFTHd7IA, APPIXA7ING VICTORIA PIANNID QTMUNITY AMENDMENT 91-03, S'UBARE4 D, AMk?IDING '14~ VICTORIA PIANN® CL~f($IIT'Y LAND USE MAP FFDM I4DI[M-HICd{ RESmFNT'lAL (14-24 Dt~iELT*1= [NITS PER ACRE) iO MIDIIM RIS1DENiTAL (8-14 D47E[.ISNG UNITS PII2 A(RE) FOR 7.895 ACRES OF IAND IDCATFD BEIWEEEN APPRDSCII4APII.Y 1,000 FEED AND 1, 300 FEED SOUTH OF HIGHINID AVENUE AND ON 2HE WEST' SIDE OF THE FUTURE DAY CREEL( BO[JLEVATm, AND MAE1N0 FIEIDINCS IN SUP1t~Rf' 'I}ff'RFAF - APN: POACIOPI OF 227-021-03 AND 13 A. Recitals. (i) On May 20, 1981, the City of Fanda Qrcamorga approved the enac.-hrent of the Victoria Planned Cam~mity ttunugh the adoption of Ordinance No. 143. (ii) On August 5, 1991, the City of Raixi~o Cucamonga filed an application for Victoria Planned Community AmesxLnerit No. 91-03, uubarea D, as described in the title of this ordinance. Hereinafter in this Orciinanoe, the subject Victoria Planned Camunity tmwnrLnent is referred to as "the applica- tion." (iii) On O-tober 9, 1991, the Plarviirg C4mlission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and following the conclusion of said public hearin<7, adapts? 7tesolution 91-176 recanmsding to the City Council that the application be approved. (iv) On NovemUer 20, 1991, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to the adoption of this ordinance. (v) All legal prerequisites prix[ to the adoption of this Ordinance have occisred. B. Ordi~nce. NOW, 't11kREFORE, the City Council of the City of Rancho Cucaniorga does herelry oxt3ain as follows: 1. 'fiis O>uticil hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct, 2. Based upon substantial evidence preser~tai to this Council during the above-referetaed public hearim~ on November 20, 7.991, including written and oral staff reports, together with public testimorry, this Council hereby specifically finds as follows: 55 ChldinarYe No. 472 Page 2 (a) 4he application applies to 7.895 acres of lard located between approximately 1,000 feet aryl 1, 300 feot south of Highland Avenue on the west side of the future Day Cree]c Boulevard and is preserntly undeveloped. Said property is cin-rerdly designated Medium-HiS~ Residential (14-24 dwelling units per acre); and (b) 'The property to the mrth of the subject site, is designated Mediwo-High Residential (14-24 dwelling rmnits per acre) and is undeveloped; the property to the south is designated Medium Residential (8-14 duelling units per acre) and is vacant; the property to the east is designated Medium-Hic)fi Residential (14-24 dwelling units per acre) and Ss vacairt; and the prapezty to the ANSI is designated Utility Corridor arcl is vacant; and (c) lfiis amendment does not conflict with the Lard Use Policies of the General Plan aryl Victoria Planned Nnsmity and will provide for development, within the district, in a manner consistent with the General Plan and with related developmrt; and (d) This amettIlirnt prarotes the goals and objectives of the Iard Use Element; and (e) 'Rre properties located in Silvrea D of the application are suitable for the uses permitted in the proposed district and are «nQatible with existing aryl adjacent lard use aesicyations as evidenced bf the location of properties with the same lard use desigrmtionu south of the subject site; and (f) llus anwnAme..r world not have a significant i~act ar the environment nor on the a„~.,-.,,,ding properties as evidenced by the findings and conclusions listed in Parts I and II of the Initial Study; and 3. 'This Ccxvcil hereby finds that the project has been reviewed and considered in crnQliarxre with the California Ernvixormpntal Quality Act of 1970 and, further, this Camcil hereby issues a t4sjative Declaration. 4. Dared upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Camcil herelry approves Victoria Plannned Ornnunity Annndnent 91-03, Subaru D, amerdug the Victoria Planned ccmnnnity Iard Use Map fran Medium-High Residential (14-24 dwelling units per acre) to Medium Residential (8-14 dwelling units per acre) for 7.895 acres of lard located between approximately 1,000 feat and 1,300 feet south of Highland Avernue on the west side of the future Day csee]c Boulevard as shown in Exhibit "A.~r 5. the Mayor shall sign this Ordirmrce and the City Clerk shall cause the same to he published within 15 days after its passage at least once in the Inland Vallev Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and cizculated in the City of Rancho Cucamonga, California. NIGMLA A VENUE O .D M O -- - -- °o c ° ~~ K.. ~~ ~~~ z a W -~ n : ; J : : ~ LL vwtoM~ ^,q~ }} ~ ::~~~ ~ ~ o W _ '. i ~ o ~Yy O ' J o p W R 11 L I u _ W W O i t H W EXHIBIT 'A" ORDIISANCE NO. 475 AN ORDINANCE OF THE CS'EY WUffGTI. OF Tim CITY OF RANCFIO CUCAM7NGA, CALTFORt7IA, APAtOV,ING VICIGRIA F73+NHID CCM~IIMTl'Y AMFIS[~II~NE' 91-03, SUBAREA H, plgS10ING THE VTC1CHtIA PLANNID Y LAND USE EIIfP FROM MIDI[M RESIDESIITAI. (e-14 DWII,LING UNITS PER ACRE) TO IDW-lfrDIiM RESIDDTI7Ti. (4-e D{VIIS.RiG UNPES PER AQ2E) FUR 23.03 ACRES OF IAND IOCAT'ID OE7 THE 9~VIHFASE' ~ OF VICSORIA PARK IANE AND ROQiFSTFIi AVENUE, AND MAKING FTNDIN(''S IN SUPPORT THFRD3F - APN: 227-091-51 A. Recitals. (i) On May 20, 1981, the City of Rancho CLramor9a approved the enac~nent of the Victoria Planned Cumunity thraigh the adoption of Ordinance No. 143. (ii) On August 5, 1991, the City of Randro Cucamonga filed an application for Victoria Planned Camunity AmeirLmm No. 91-03, Subaraa H, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Planned Comnmity Almndlnent is referred to as "the application." (iii) On OctotPS 9, 1991, the Planning Commission of the City of Fancho Cucamonga mrrAu.~ted a duly noticed public gearing on the application and following the conclusion of said public hearing, adopted Resolution 91-160 rer~iunerding to the City Council that the application be approval. (iv) On November 20, 1991, the City Council of the City of Rancho cUC<vnorga mnduded a duly noticed public hearitg and concluded said hearing prior to the adoption of this Ordinance. (v) All legal prerequisites prior to the adoption of this Ofduwice have occurred. B. Ordinance. NUW, THEREFORE, the City Council of the City of Fanc3m CucamgxJa does hereby ordain as follows: 1. This Council hereby specifically finds tlwt all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Based upon substantial evidence pr ~~ to this Council during the above-referenari public hearing on Novenilxr 20, 1991, including wr. itten and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: (a) The application applies to 23.03 acres of land located on the southeast corner of Victoria Park Iane and Frd~ester Avenue and is presently undeveloped. Said Property is currently designated Medium Residen- tial (8-14 dwelling units per acre); and s8 ordinarre No. 475 Page 2 (b) 'lhe property to the ttutlr of the subject site, past the Southefn Pacific Railxead rightrof-tray, is designated Flood Cotrtxol and is developer] with a flood control retention basin; the property to the south is designated Medium Residential (e-14 dwellirq units per acre) arc] is developed with an existing, rmcorrformvg lumber yard; the property to the east is designated Utility corridor and is vacant; and the prgxrty to the west is designated low-Mediwv Pesidential (4-8 dpellitq units per acre) and is developed with single family residences; and (c) 'lfiis amendment does not anflict with the Latta Use Policies of the General Plan attl Victoria Plara~ed 0.~auty attl will provide for development, within the district, in a mariner consistent with the General Plan and with related development; and (d) This anw~r~~* Promotes the goals and objectives of the Iard Use Element; and (e) ltre properties located in ~'~*.~ H of the application are suitable for the uses permitted in the proposed district and are onopatible with existing and adjacent lard use designations as evidenced by the lomtion of properties with the sane lard use designations bordering the subject site to the west; (f) This ametdornt would not have a significant i~aact on the envirottmrd nor on the m+n+~^-rim pies as evidenced by the firdirys atd conclusions listed in Parts I and II of the Initial Study; and 3. ~Ihis Council hereby finds that the project has been reviewed aryl considered in ornQlianoe with the California EYrvirormental Quality Act of. 1970 and, further, this council herelry issues a Negative Declaration. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves Victoria Planred Community AmerrLnent 91-03, Subarea H, amm~ding the Victoria Planned Crntaauty Lard Use Map from Medium Residential (8-14 dwelling units per acre) to Lw-Medirnn Residential (4-8 dwelling units per acre) for 23.03 acees of lard located m the southa3st cornex• of Victoria Park Lare and Rodester Avenue as shown in Exhibit "A." 5. 'lhe Mayor shall sign this Ordinance and the City Clerk shall cause the same to 6e published within 15 days after its passage at least once in the Inland Vallev Daily Bulletin, a newspaper of general circulatien publish in the City of Ontario, California, arc] circulated in the City of Paricho Cucannrga, California. s9 NIGN~AM AV ENUE O 0 °o m ~ i -' ¢ • • a ~ v J : ~ ~ : ~ °u j iLp ~,1~~~ y~j i $ < ~ ~ ~® C ~ W .~. :•:: M . ~ q W t O 2 F W EXHIBIT 'A" ORDIfW4CE NO. 476 AN ORDII~-iNCE OF IHE CPISt COUNCII, OF 74{E CITY OF RANCHO CUCA4DlK,A, CALIFC1I87IA, APPROVING VICfOR7A PLANNID OTQ9U- N1TY AMf2~Q~371` 91-03, S[IBARF.^. I, AMETIDIliG 'If1E VIC1CNiIA PLAPRlED O(MAUNI'PY LAND 45E MAP FR24 MmIlM RESIDENI7AI, {B-14 Lk7E:CS.IIiG UNTI'S PER ACRE) 70 IOW-~14IDILM RESIDENTIAL {4-6 OWFTS IlJG i)NT15 PER ACRE) FOR 32.14 A(RE5 OF IADII7 IACATID ON 7HE NORTfQ'ASP OORNII2 OF BASE LTNE ROAD AND ROC7i6Tdi AVENUE, A!ID MAKING FIIIDING.S IN SUPPOIS THERFAF - APN: 227-091-45 A4ID 46 AND A POFfPION OF 227-091-44 A. Recitals. (i) OR May 20, 1981, the City of Rarrho Cucanmrga approved the enactment of the Victoria Planned Commnity thrarjh the adoption of ordinance No. 143. {ii) On Aiyust 5, 1991, the City of Rarr3ro 4K'~pn'ga filed an application for' Victoria Planned Camunity AmplrDnHnt No. 91-03, Subarea I, as described in the title of this Ordinance. Hereinafter in this otdiranCe, the subject Victoric Planned Ceimwri.ty NnenLnent is referred to as °the application." (iii) On OCtDUPS 9, 1991, the Planning Commission of the City of Rancho CucamorxJa ootducted a duly noticed public hearvy on the application and follodi.rg the conclusion of said public hearing, adopted Resolution 91-162 remnnerdirg to the City Wugil that the applicati~ be approved. (iv) 0n November 20, 1991, the City Council of the City of Ranrrw cincatmr~ga rnrducte3 a duly noticed public hearing atti rnncluded said hearing prior to the adoption of this ordinance. (v) All leyal prerequisites prior to the adoption of this OrdinlarlCe have occurra9. E. Ordinance. NOW, THEREFOFi6, the City Council of the City of Fandw Ciuamaya does hereby ordain as follow: 1. 'this Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinanoe are true and wnxect. 2. Based upon substantial evidence presented to this Council during the above-referenca3 public hearing on Nwanher 20, 1991, including written and oral staff reports, together with public testimony, this oxnncil hereby specifically finds as follo,rs: {a) The application applies to 32,14 acres of lard located on the northeast corner of Base Line Road anal Pochester Avenue and is presently developed with an existimj, nonconforming lumber yard on tt~e nortiw_rn parcel. Said property is currently designated Medium Residential (e-14 dwelling units per acre); and Ordinance No. 476 Page 2 (b) The property to the north of the subject site, past the Soutlwsn Pacific Railroad riot-o£-tvay, is designated Medium Idasidemial (8-14 dwelling units per acre) and is vacant; the property to the south is designat- ed Inca Residential (2-4 dwelling units per acre) and is vacant; the property to the east is designated Utility Corridor and is used for plant stage; and the property to the west is designated Medium Residential (8-14 dwelling units pet acre) atd is developed with single family residences nu~der corstructirn; and (c) This ame~dme*~ does not conflict with the Iarrl Use Policies of the Gene2al Plan arcs Victoria Planned Citimmity and will prrrvide for develc{ment, within the district, in a manner consistent With the Ger~ez-al Plan and with related development; and (d) m.;a amendment pranotes the goals and objectives of the Iard Use Element; and (e) 'the properties located in Subarea I of the applicatirn are suitable for the uses permitted in the proposed district and are cxa{~atible with existing and adjacent lard use designations as evidera~ by the location of properties With lower density land use desig~ticns bordering the subject site to the south; and (f) 'this amendment wwld rot have a significant i~aact on the errvironrnernt roe on the surrounding properties as evidenced try the findings and conclusions listed in Parts I aM II of the Initial Study; and 3. Ih.is council her'etry finds that the project has been reviewed and considered in ~lianoe with the California Fhvirumetntal Quality Act of 1970 and, furVner, this Council hereby issues a Negative Declaration. 4. Based upon the fitdirgs arcl conclusions set forth in paracyaptns 1, 2, and 3 above, this Canncil hereby approves Victoria Planned OamRUnity AmeTldmellt 91-03, a+~+~ I, amm~ditg the Victoria Planned Comm~nity Ian<t Use Map fran Medium Residential (8-14 dwelling units per acre) W Iaw-Medium Residential (4-8 dwelling units per acre) for 32.14 acres of land located on the northeast wrner of Hale Lire Road and RodnestEr' Avenue as shoran in Exhibit "A.n 5. The Mayan shall sign this Ordirnailre atd the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of gene2'al ciraniation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. LL' W 2 W t EXHIBIT 'A' ORDIEA+NCE NO. 477 AN ORDII~NCE OF THE CITY WiMCII. OF THE CITY OF RANCE30 CUCATDNGA, CLT TELRdTIA, APPRWING VICTORIA PLANNID CUbHII7P1'1 AMII~IP 91-03, SUEIARFA J, AMENDING TfB; VLCIORIA PIANNID (XrM(WITY IAEID LISE MAP FROM MIDIfM RESIDENTIAL, (8-14 DWII.LII4f UNITS PER ACRE) TO IfJW-AkDILM RESIDENTIAL (4-8 DWY3dSNG UNITS PER ACRE) fTA2 20.895 ACRES OF IAEID IDCATID APPfmXII3Yt TII.Y 892 FEED NDHIH OF 'IHE FL7IURE VICIORLA PARK IANE EXTENSION OPI ~ WESP SIDE OF THE FUILIRE IlAY CREEK BOULEVARD, AND MAKING FIEmINGS 1N STJPFT)Rl' THERIDF - APN: POKITON OF 227-021-03 AND 13 A. Recitals. (i) On May 20, 1981, the City of Rancho Cucamonga approved the enachmnt of the Victoria Planned Crnnunity through the adoption of Orx3irwm No. 143. (ii) On August 5, 1991, the City of Rarrho Cucam~orga filed an application for Vickoria Platvied Ctmnsnity a^w"fi'e'+~' No. 91-03, Subarea J, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Plarv>PSL Ctnmmity AnneuxL~pJnt is referred to as "the application." (iii) On October 9, 1991, the Planning Oonmission of the City of Rarm-no Cucamwya oorductsL a duly noticed public hearing on the application and following the conclusion of said public hearing, adopted Resolution 91-170 rewsrerdug to the City Council that the application to approved. (iv) On November 2G, 1991, the City Council of the City of Random Cucamonga cordu~,~ted a duly noticed public hearing and concluded said hearing prior to the adoption of this Ordinance. (v) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. OlUinlanoe. NOW, 1fifREFORE, the City Canncil of the City of Rancho Cuoamotga does hereby ordain as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correi't. 2. Based upon ~„rxetar+tial evidence pre=an~wi to this Council during the above-referenced public hearing on Novemlxr 20, 1991, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: ~P Ordinance No. 477 Page 2 (a) 'lYne application applies to 20.895 acres of lanri located approximately 892 feet north of the future. Victoria Park Iane extension on the west side of the flrttse Day Cew~+A Boulevard aid is presently undeveloped. Said property is anrently designated Medium Residential (8-14 dwelliry uunitr Per acre); and (b) 7t~e property to the oath of the subject site is desig~ted Meditmn Residential (8-lM1 dwelling uauitr per acre) and is vacant; the property to the south is designated Iv,r-Dieditnn Residential (4-8 dwelling units per a¢e) and is vacant; the property to the east is designated Utility Corridor and is vacant; the property to the west is designated Utility N¢ridar and is vacant; and (c) This ~+'~^TM~^* does not conflict with the Iarcl IIse Policies of the General Plan and Victoria Planned Comminity and will prcrvicle far development, within the district, in a manner corsisternt with the General Plan and with related development; and (d) 'this ama*~eM- pranotes the goals arcl objectives of the Lard Use Element; and (e) 'tine properties located in Subarea J of the application are suitable for the u.^^^ permitted in the p¢oposed district and are mipatible with existing and adjacent lard use desigretiorct as evidenced by the loratim of properties with the same lard use desigratioru bordering the subject site to the south; and (f) 7Yus amerrLmnt would not gave a sieyrificant impact on the ernironmernt roe on the ~' ~ properties as evidenced by the firr3ittgs and conclusions listed in Parts I and II of the Initial Study; and 3. 'this Ceuncil hereby finds that the project has been reviewed and oorusidered in crnplianoe with the California tYrvirorvmsrtal Quality Act of 1970 and, further, this Council herelry issues a Meg-ative Declaration. 4. Barad upon the findings and oonclt>zsior~s set forth in paragrapivs 1, 2, ani J above, this Caumil hereby approves Victoria Plarmned NmAnity Nm~drtwJit 91-03, Subarea J, amending the Victoria Planmeit clTmnity Iard Use Map frxan Medinmi Residential (8-14 dwelling units per acre) to in,~-Median Residential (4-8 dwelling units per acre) far 20.895 acres of lard located approximately 892 feet rorth of the future Victoria Park Iare extension on the west side of the future Day Creek Boulevard as shown in Ddnibit ^A.^ 5. 'the Mayor shall sign this Ordinance atd the City Clerk shall cause the same to be published within 15 days after its «age at least once in the Inland Vally Daily Bulletin, a newspaper of general circulation publisha9 in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. (~ 5 W 7 i W L t O 2 F~ W N ~~ EXHIBIT "A' ORDINANCE NO. 478 AN ORDINANCE OF ifs CITY CUTRQCIL OF 'IITE CITY OF RANCFi0 CUCAtTNGA, CALIFCgII1TA, APPR7JING VICTORIA PIANNID O.134IRITTY At42P~fi' 91-03, SUHARFA L, AMEfmING Rim VICTORIA PTANNID OQTEStPl'Y LAND LISE MAP FROM tgDl[M-HIQi RESIDENPIAL (14-24 D4tELrxr [R7IR° PER ACRE) 'TC1 OQ31UNiTY FACILPTTES FTH2 2.46 ACRES OF IAlID IO(7~TID APAd~X1PIIrTE[.Y 406 FEED SOU1N OF `T7tE SOITl}Q~IdJ PACIFIC wnrrar~an RICHf-0F- WAY AND APPADXIT4\1BL,Y 321 FEET WEST OF 'ifffi FUISIRE DAY CREEK 110DLEVAPD, Aim MAKING FIlIDINGS IN SUPPDIa' 11TFRDOF - APH: FORPTON OF 227-091-18 Atm 19 A. Recitals. (i) On May 20, 1981, the City of Random Cucamonga approved the enactrnent of the Victoria Planned Comiuni.ty ttira~gh the adoption of Orclirunoe No. 143. (ii) On August 5, 1991, the City of Rand~o Cum filed an application for Victoria Planned ~nnmity An~sdmPnt No. 91-03, SUharea L, as described in the title of this Ordinanoe. Nereirufter in this Ordinanoe, the subject Victoria Planned aimamity Ame~xLnent is referred to as "the application." (iii) On Octeber 9, 1991, the Planni~ Commission of the City of Ranclw Cucaimnga wrducted a duly noticed public Bearing on the application and following the conclusion of said public hearing, adopted Resolution 91-166 r~mierdirg to the City Council that the application he approved. (iv) On Novanter 20, 1991, the City Council of the City of Random Cucamonga corrhn-ted a duly noticed public hearing and wncluded said hearitxg prior to the adoption of this Ordinarce. (v) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, If{EREtURE, the City Council of the City of Random Cucamonga does hereby ordains as follows: 1. 'this Cwrwil hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordir~ar~ce are true and correct. 2. Based irnon substantial evidence presented to this Council during the alnve-referenced public Hearing on November 20, 1991, including written and oral staff reports, together with public testimorry, this Cwncil hereby specifically furls as follows: ~~ Ordinaroe No. 478 Page 2 (a) The applicatim applies to 2.46 a¢~es of lard located approximately 406 feet south of the Southern Pacific Railroad riot-of~,ay atd Tnmv;nately 321 feet west of the future Day ceeek Boulevard and is presently undeveloped. Said property is auxrntly designated Mel3itno--High Residential (14-2a dwellug units per acre); and (b) The property to the north of the subject site, past the Seuthern Pacific Railroad tight-of-way, is desig~ted Ivy-!tedium Residential (4-e dwelling units per acre) and is vacant; the property to the south is designated Medium-High Residential (14-24 dwelling units per acre) and is vacant; the property to the east is designated Utility Corridor air! is vacant; and the property to the west is desigreted MediurtrHi.gh Residential (14-24 dwelliig units per acre) aid is vacant; and (c) This amercLmnt does not conflict with the lard llse Policies of the General Plan aid Victoria Planned Crnmmity and will provide Eor devel~~t, within the district, in a marvrr consistent with the General Plan aid with related development; and (d) 'r++~= amencLnent pmmtes the goals and objectives of the Ic'vd Use Element; and (e) The properties located in Subarea L of the application are suitable far the uses permitted in the proposed district and are c~nQatible with existing and adjacent lattl use desigrmtiats as evidenced by the subject site's proxunity to major arterials and the Souttrsn Pacific Railroad right- of-way; and (f) Ttus amercfinent will not have a significarrt impact on the envix~oim~erit nor on the surrounding properties as evidenced by the fiidiigs aid conclusions listed in Parts I aid II of the Initial Study; and 3. 71us Council hereby finds that the project has been revie..ed aid considered in ornpliance with the California FYrvimnmeittal 4uality Act of 1970 and, further, this Council hereYry issuev a Negative Declaration. 4. Baser! upon the Eittiirgs and oonclusias set forth in paragraphs 1, 2, anxt 3 above, this Nuhcil hereby approve, Victoria Planned Conmmity Nnerdment 91-03, Subarea L, amending the Victoria Planned Crnmmity Iard Use Map from Medium-High Residential (14-24 dcellirg units per acre) to Comautity Facilities for 2.46 acres of lard located approximately 406 feet south of the Southern Pacific Railroad right~f-way and approximately 321 feet west of the future Day Cceek Boulevard as sho+m in Edribit "A." 5. The Mayor shall sign this Ordira~re and the City Clerk shall cause the same to be published within 15 days after it; passage at least once in the Inland Valley Dailv Bulletin, a newspaper of general circulation published in the City of Ontario, California, aid circulated in the City of Rancho Curattorga, California. ~8 w ~ EXHIBIT 'A' OImIIU41CE NO. 479 AN OADIIg+FICE OF THE CITY o00FICII, OF 'Ifs CTi'Y OF RANCfI0 CUCAMONGA, CAISt17TS1IA, APP%7ViNG VZC1IXilA PLANNID QDI4[R~II1'I AMEPQMF77I' 91-03, SUE.ARFA M, AMNSIDZNG THE VIC£rA2IA PLANNm C[M~UNPl'Y IAlID USE MAP FFYM M®I[M-EQ(7ii REBIDENFIAL (14-24 OWEfS.ING UNP15 PEH ACRE) 70 VIT7d!_R OCri4ERCIAi. FTH2 7.895 ACRES OF IAND IOCATID EEIWEEN APPROXII.fA1EI.Y 600 FEET AND 1,000 FEED SOU1M OF HIG1ffAPID AVENUE ON 3f~ WEST SIDE OF 77~ FUfUf2E DAY (7tEQC B(X1I.EVARD, AND MAKIIJG F.II~IDINGS IN SUPPOIQ' 1}Q'ItWF - APN: FOK!'ION OF 227-021-03 AND 13 A. Recitals. (i) On May 20, 1981, the City of Rantrho Cucaulorga appmved the eracbrient of the Victoria Planute<I Conmmi.ty thmtr-~ the adoption of Ordinance No. 143. (ii) On August 5, 1991, the City of Rarlc3io Cucmmrcfa filed an application for Victoria Planned Conmuuty AmercDnem No. 91-03, slntarea M, as described in the title of this Ordinance. Hereinafter in this Onxiiance, the subject Victoria Planned Cmmmity Amelxhrent is referred to as "the application." (iii) On octobeL 9, 1991, the Planning Oonnussion of the City of Rarrlio Cucalmi%p conducted a duly noticed public hearing on the application and £ollowirg the conclusion of said public hearing, adopted Resolution 91-174 recain~ding to the city Camcil that the application be approved. (iv) On November 20, 1991, the City O>tuncil of the City of Ranrlw Cucvnorga mtductor] a duly noticed public heari~ and concluded said hearigg priar to the adoption of this Ordinuncc. (v) All legal prerequisites prior to the adoption of this 0rdih7nae have occ~sred. B. Ordinnance. NOW, 7fffI2EfURE, the City Council of the City of Ranx3w CUCamonga does hereby ordain as follows: 1. 'Ibis Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinannce are tone and correct. 2. Rased upon substantial evidence presented to this Oxuncil during the above-referenced public hearing on November 20, 1991, including written and oral staff reports, together with public testimdiy, this Council hereby specifically fitxls as folluvs: ~0 Orrli r,am No. 479 Page 2 (a) 'IIne application applies to 7.895 acres of land located between approximately 600 feet and 1,000 feet south of Highland Aveiwe on the west side of the future Day Creek Boulevard atd is presently undeveloped. Said property is cuuxently designated Medi~nn-Ftic,~ Residential (14-24 dwelling units per acre); and (b) 'IIre property to the rnrth of the subject site is desigrmted Village Cmmer~cial and is Vacant; the property to the south is desigreted Ms3iumrHigh Residential (34-24 dwelling units per acre) aid is vacant; the property to the east is desigretsd Utility Corridor anr] is vacant; and the property to the west is designated MediumrHic~r Residential (14-24 dwelling units per acre) and Utility Corridor and is vacanrt; and (c) 'ibis amarviiwnf does rot cmflict with the Iard Use Policies of the General Plan aid Victoria Planned Commnity and will provide for development, within the district, in a manner ccesistent with the General Plan and with related development; and (d) this artcnimurrt praootes the goals an3 objectives of the Iard Use Element; and (e) ~IIre properties located in Slilaarea M of the applicatim are suitable for the uses pettnitted in the proposed district and are cn~atible with existing and adjacent lard use designations as evidence] by the location of property with the same lard use designation bordering the subject site to the north; and (f) 'this ame~neurt will not have a significant impact on the ernironmw~t nor on the surrounding properties as evidenari bar the firdin9s aM ~nclusiorvs listed in Parts I arct II of the Initial Study; and 3. Rtus muncil hexetry finds that the project has been reviewed arcl considered in ccxipliarae with the California Errvimrrmerrtal Quality Pct of 1970 and, further, this ~mcil hereby issues a Negative Declarntion. 4. Based upon the firxlings and owclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby approves Victoria Planned Camunity Anm~nent 91-03, a+I+~rea M, amedirg the Victoria Planned Camwuty Lard Use Map fran Medi.umrHigh Residential (14-24 dwelling units per acre) to Village Oomercial for 7.895 acre, of lard located betwern appmxim~tely 600 feet and I., 000 feet south of Highland Averwe on the worst. side of the future Day Creek Boulevard as stuoWn in F]dlibit "A." 5. 'the Mayor shall sign this ordinance aid the City Clerk shall cause the same to be published within 15 days after its passage at least ornce in the Inland Valley Daily Bulletin, a 1~' of gernral circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamolxia, California. ~' N ~~ EXHIBIT 'A' CITY OF RANCHO CUCA:vIONGA - STAFF REPORT DATE: December 4, 1991 ~' TO: Mayor and Members of the City Council Jack Lam, CiCy Manager FROM: Brad Huller, City Planner BY: Dan Coleman, Principal Planner SVBSECT: ENVSRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 91-Od - CITY OP RANCHO CUCAMONGA - A request to amend Section 17.12.040 regarding bicycle atora ge requirements and Section 17.08.070 regarding trail maintenance requirements. ENVIAONMHNTAL ASSESSMENT AND IN DUBTAIAL AREA SPECIFIC PLAN AMENDMENT 91-OS - CITY OP RANCHO CUCAMONGA - A request to amend Part III, Section IV.E. regarding bicycle storage requirements. >A[UMI~iDASIOs The Planning Commission and staff reco®end that Che City Council approve the proposed amendments. H1ICRGA[1~H On October 16, 1991, the City Council approved the Trails Implementation Plan. These amendments are follow-up items necessitated by the Plan• Drafts of both amendments were included in the Appendix of the Trails Implementation Plan reviewed by the Clty Council. The Planning Commission reviewed said amendments on October 23, 1991, and zecommended approval (see attached minutes 1. The attached P1annSng Commission Staff Report describes the amendments in detal 1. Respec lly tted, Brad ullez City Planner BB: DC /jfe Atta chmente: Planning Commisa ion Staff Report and Minutes dated October 23, 1991 P lanninq Commission Reaolut ion No. 91-180 for DCA 91-04 Planning Co®isalon Resolution No. 91-181 for ISPA 91-OS Ordinance fot DCA 91-04 Ordinance for ISPA 91-OS CITY OF RANCHO CliCA:~[ONGA STAFF REPORT '.:'~, bATE: October 23, 1991 1b: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner 8Y: Dan Coleman, Principal Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT 91-04 - CITY OF RANCHO CUCA.YONGA - A request to amend Section 17.12.040 regarding bicy<le atora ge requirements and Section 17.08.070 regarding trail maintenance requirements. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIP IC PLAN AMENDMENT 91-OS - CITY OP RANCRO CUCAMONGA - A request to amend Part III, Section IV. F. regarding bicycle store qe requirement a. BACRGAOUND: On July 18, 1991, the Planning Commission recommended approval of the Trails Implementation Plan to the Clty Council. The Council has reviewed the Plan and set October 16, 1991, as the date for final adoption. These amendments ate follow-up items necea6itated by, the Plan. BICYCLE STOPAGE: A major component of the Plan is the establishment of a bicycle trail system as an alternative transportation mode. To encourage re eidente and workers to abandon their caxa in favor of using b cycles, amenities moat be provided to accommodate their needs. Specifically, facilit!ea to store bicycles should be provided within commercial, office, and industrial developments. The proposed amendment would strengthen the CSty'9 bicycle 9totage requirements for new development. The amendment would def Sne the minimum number of storage spaces, their location, and design standards. To encourage bicycle commuting to the City's large industrial employment area, the amendment would provide an incentive to developers to provide locker rooms and shower faciliti ea for their employees by allowing a reduction in automobile parking spaces Sf bicycle storage spaces are provided. TRAIL MAINTENANCE: In 1988, the City Council adopted nuisance abatement re qulatione that concerned the maintenance of prl vote Local £eeder trails. Th is amendment would eetablieh specific maintenance standards Eor local feeder trolls. The amendment is necessary to provide £or an effective enforcement program regarding trail maintenance. These "performance standards" would prohibit the accumulation of trash and debris, and requite the troll to be as intained in a safe, rideable manner. PLANNING COMMISSION STAFF RE PURT DCA 91-04 S ISPA 91-OS - CITY OF RANCHO CVCAMONGA October 23, 1991 Page 2 CORRESPONDENCE: This item was advertised in the Inland Valley Daily EulLetin newspaper. RECOMMENDATION: Staff recommends that the Planning Commiission adopt the attached Res olntions tecovmien ding approval to the City Council. Respec Ly sp ted, `// Ls-- Br ler Cit Planner EH;DC/jfs Attachments: Resolution Recommending Approval of DCA 91-04 Ordinance for DCA 91-06 Resolution Recommending Approval of DCA 91-05 Ordinance for DCA 91-05 ~-5 Chairman cNiel did not feel the Comm iea ion should negotiate a different closing tim Ne felx that if the item were continued, the applicant could meet with etaf o discuss closing time. Mr. nelson requeetetl at the items be continued. Chairman HcNie1 aecontle Commissioner Nelcher•e motion to continue Modification to conditional Us erm it 80-49 and Entertainment Permit 91-03 to November i3, 3991. Motion carr ie y the following vote: AYES: COMMIS EZONEAS: CHITIEA, MC L, MELCHER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY carried H. NV AONNEN AL A S S NT AN OPM O N - 6 C OF RANCHO CVCAMONGA - A request to amend Section 17.12.060 regarding bieye le storage requirement• and Section 17.08.070 regarding trail maintenance requ iremsnt e. Staff recommends ieauanca of a Negat lve Declarai ion. (Coot inued from October 9, 1991.) I. NVIRONMENTA ASS SSMENT INDUS R C C NDM NT 91 OS - CITY OP RANCHO CVCAMONGA - A [equeat t0 amend Part III, Section IV.F regarding bicycle storage requirements. Staff recommends issuance of a Negative Declarat ion• (Continued Erom Oetobar 9, 1991) Dan Coleman, Principal Planner, presented the eteff report. He said that even without adoption of the amendments, many compania• already have to provide et crags facilities for bicycles Dec ease of Air Quality Henagame nt District (AQMO) requirement e. Chairman McNiel asked if bicycle racks are currently reviewed in the Design Review process. He asked if [here ere are any code raquirement• wish respect to bicycle racks. Mr. Coleman stated that currently eiaff hand ls• the requ iremente at the plan check et age. He avid the proposed amendment• would eei aDlieh City Cotle requ Lremente so Chat the bicycle storage epecee would Chen ba reviewed in the Design Rev iaw stage. Commissioner Nelchez diecueaed the permltted reduction of automobile parking at a ratio of ono apace per every four bicycle sparse provided. Hr. Coleman responded that the reduction would apply only in the Indu err ial Specit is Plan area. Commie eioner Nelcher felt the City should also encoure9e people to ride bic yc lee to off ice e. Planning Commies ion Minutes -13- October 2J, 1991 7 CP Mr. Coleman etatetl that there is currently a provision in the Industrial Spec if is Plan and the warding would merely expand upon the requirements. Ne said Chat moat of the office development ie located in the Ind uetrial area. Commissioner Melcher ae ked if it would not be passible to expand the requirement to other areas where there are office/professional buildings. Mr. Coleman et ated that in some of the communities that et off atudiad, there waa no tlistinction between commercial and industrial areas in terms of allowing the reduct lone. Ne said the Commiaeicn could adopt a similar provision for commercial zones. Comm iesioner Melcher did not feel it was appropriate for shopping centers except for pceaibly employee parking areas. Hr. Coleman stated that moat of the parking in the commercial areas serves the cuatomere, rather than employees. Ha eeid an exception would be the mixetl use proj act e. He suggested that if the Commission wished to adopt a similar provie ion, that they lower the percentage of reduction. He recommended that the reduction only be used for atf ice type complexes rather than general retail eetablie hment e. He Bald the City waa trying to encourage bicycle commut tng, which could oleo mean tripe io shopping, whooL, tRn library, etc. Commie inner NalcNr felt that office uee• ouplde o[ the Industrial area should qualify for a reduct Lon but should not nacuearSly receive the Eu 11 reduction where there ate expected io ba via Ltots to the office. He asked how much of a reduction staff felt would be tea ennoble. Mr. Coleman responded that staff had not considered the issue. He suggested a range of 5 to 10 percent for off LCe development out Bide of the industrial area. Commissioner Melcher responded that if it Rad not been considered, he felt the idea should be further studied. He felt that bicycle parking will help induce the uee of the bicycle trails. Mr. Coleman eteted chat one of the changes proposed in the Industrial Area Specific Plan was the requirement to provide locker rooms and showers for the employees in order to quel ify for the reduction in automobiLs parking spaces. He acid that wouLtl ba diffieu It to do in the crxanercinl areas. Ccmmissioner Melcher felt the burden of providing ehowsn may be exceeaive. He thought it could be done in nn office building. Ha euggeated the Commission recommend approval of eRe propoud amendments, DuC ^till consider what else could be done. Mr. huller euggeated that, ae time permits, staff could consider haw office developments outside of the Induetr lal erne could take advantage of the same provie ions. He said staff would be addreae ln9 a lot of air quellty ie sues in the Cu tuts. Planning Comm iaeion Minutes -14- October 2J, 199: Chairman McNiel stated the City was trying to encourage the uee of bicycles by mandating the provision of bicycle parking epacee, but he acid the bicycle uee itself cannot be assured. He questioned if it may be wise to maintain the number of automobile epacee because the bicycle epacee may not be used. Mr. Coleman et atad that the su rveye had indicated that moat communit iee have a bicycle et Drags requirement above the automob iLe epacee without providing a reduction in automobile epacee. Commissioner Me lc het stated the reduction would only be permitted when showers and lockers are provided. Mr. Coleman said that AQHD regulations are starting to have an effect because many companies have to provide plane indicating how they will cut down on the number of commuter tripe to the office. He said some compan iee are porch aei n9 bicycles and loaning them to employees or setting up programs for reduced price purchaaee, etc. Chairman McNiel opened the public hearing. There were not comments, eo he cloe ed the hearing. Motion: Roved by Melche r, seconded by Chit iee, to recommend ieeu once of a Negative Declaration and adopt the resolutions racommsnding approval of Dave lopment Cotle Amendment 91-04 and Industrial Area Specific Plan Amantlment 93-09. Motion carrietl by the following vote: AYES: COMMIESIONERE: CNITIEA, MCNIELr MELCHER, VALLETTE NOES: COMHISEIONEAE: NONE RESENT: COMMISSIONERS: TOLSTOY -carried J. ME INC WITH COMMISSIONERS - (Oral Report) (Continued from October 9, 199 Comm ieeicner elcher stated it had been hi• idea to charge Eor individual meet inge with developers an epecif is projects. Ns sold upon further evaluation ha w not sure it was a good Ldea but he felt it could be discussed. He as such meetings aze now performed ae a service to the developer when the iesionere can accommodate such meetings. He though[ perhaps a fee could b estaDliehed for ouch msstings with the funds to be available Ear education f the Commissioners eo they would became more proficient. He said Chat a er further thought hs did not with to continue to pursue the matter. Chairman McNlel agreetl it was not methin9 hs could support. Ha thought the perception may not De good. Planning commies icn Minutes -1 5- October 13, 199: 4 U RESOLUTION NO. 91-180 A RESOLUTION OP THE PLANNING CORN IS SZON OF THE CITY OF PANCHO CUCAMONGA, CALIFORNIA, RECOlflfENDING APPROVAL OF DEVELOP!ffiNT CODE AMENDMENT 91-04 AMENDING TITLE 17, SECTION 17.12 .040. C.4 OF THE RANCHO CUCAHONGA HUNICI PAL CODE REGARDING EI CYCLE STORAGE FACILITISS AND AHENDING SECTION 17.08.070 REGRADING TAAZL MAINTENANCE STANDAA05, AND HARING FINDINGS IN SUPPORT THEREOF. A. $ecitale. (i) The City of Rancho Cucamonga has in it Latad an applicat LOn far Development Code Amendment No. 93-06 as described in the title of this Resolution. Heteinnftsr in this Resolution, the subject Oevslopment Code Amendment ie teEerred to no ^tM application.^ (ii) on October 9 and continued to October 23, 1991, the Planning Commies ion of the Ciiy of Rancho Cucamonga conducted duly noticed public hearings an the application end concluded uld hsarlnq on that dote. (LiL) All legal prsrequisltas prior to the adoption of this Reeolutlon have occurred. E. Reeolutlon. NON, THEREFORE, Lt le Mrsby found, datsrminsd, end resolved 6y the Planning Commission of the City of Rancho Cucamonga es follows: 1. Thi^ consolsslon hereby sparlfically finds Chet all of the facie eat forth in the Recitals, Pert A, of this Resolution ere true and correct. 2. Based upon substantial svldsncs presented to this Commission during the above-rafsnnnd publlc hearings on October 9 and October 23, 1991, including written and Orel staff reports, together with public testimony, this Commission hereby specifically finds 'as follows: (a) Ths application appl lss to varlou• rutdsntial, commercial, and industrial propsrtiu located within tM City) and (D) Ths propowd amendments will not hove a •Lgnlficant impact an the snviranmsnt as wldsnesd Dy the conclusian^ and findings of CN Intl lal Study, Parts I end IIt end 3. sued upon the substantial wldsncs prusnud to this Commission during the above-ofsrsncsd publlc hurinq end upon the spscif lc finding• o[ facto set forth in parsgraph^ 1 and 2 sbovs, this Commission hereby Linde end concludes a• follows: (a) Thi• amendment does not conflict with tM Land Uu Policies of ttu Gonsal PLn and will provide for development wl[hin the dlstrLct in a manner consi scent with the General Plan end with related development; and ~9 PLANNING COMMISSION RESOL UTS ON NO. d'.-_i pCA 91-04 - CITY OF RANCHO CUCAMONCA Octob¢r 23, 1991 Page 2 (b) The proposed amendment ie cone iete nt with the objectives of the DeveLopoant Code; and (c) The propowad amendment will not be detrimental to the public health, safety, or welfare or materially injurious tc propertiee or improvements in the vicinity? and (d) The proposed amendment will not be detrimental to the objectives of the General Plan or the psvalopment Code. 4. This Commission hsrsDy finds that the project has been reviewed and eoneidered Ln compliance with the Csl ifotnia Environmental Quality Act of 1970 and, further, Chi• Commission hereby recommends iseuanee of a Negative Oaclaration. 5. Based upon the findings and eoneluslons sat forth in paragraphs 1, 2, 3, and 4 above, this Commie ion hereby raolva• ea follows: (s) That the Planning Cammiuion of the Clty of Rancho Cucamongn hereby raronmende approval of Developnrnt Cods Amendment 91-04 to modify the Municipal Cods per the attached Ordinance. 6. Tha Secretary to this Commie ion shall certify to the adoption of Chia Rasolut ion. APPROVED AND ADOPTED THIS 23RD DAY OF OCTOBER 1991. PLANNING C~fISS20N OP THH CITY OP RANCHO CUCAMONOA ATTEST: 2, Brad Buller, Secretary of tM Plennlnq commL•lon of the city of Rancho Cucamonga, do Mnby wrtity that tM forwgoinq Reeolut ion wa• duly and regularly introduced, paaeed, and adopted by the Planning Commission of the City of Rancho Cucaawn9a. at • requ lar meeting of the Planning CommiseLOn held on the 23rd day of October 1991, by the following votes-to-wit: AYES: COMMISSIONEASe CHITIEA, MCN IE L, ME LCHE R, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMM ISSIONEAS: TOLSTOY 80 RESOLVTION NO. 91-191 A RESOLUTION OP THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL SPECIPIC PLAN AMENDMENT 91-05, REGARDING BICYCLfi STORAGE REQUTAE.~NTS, AND MAAI NC FINp INGS IN SVPPORT THEREOF. A. Recital e. (i) The City of Rnnehc Cucamonga hen initiated an application for Industrial Specific Plan Amendment No. 91-OS an described in the title of this Reeolut ion. Hereinafter in ihie Resolution, the subject Industrial SpeelE is Plan Amendment ie referred to a• ^LM epplicat}on.^ (ii) On October 9 and continued to October 23, 1991, the Planning Commission of the City of Rancho Cucamonga conduetsd duly noticed public hearin9• on the application and concluded said hearings on that date. (iii) All legal prsraquisiG• prior to the adoption of this Renolution nave oc currsd. H. Aenolution. NOW, THEREFORE, St 1• MrsDy found, detsrmined, and resolved by the Planning CosmUSion of tM Clty of Rancho Cucamonga ss follows: 1. Thl• Commlwion hereby specifically flnd• CNt all of the facto set forth Ln the RncLtaL, Pasi A, of tDL Resolution are tine and correct. 2. Based upon substantial avldencs prnsnted to this Commieeion during the above-referenced public hearings on OctoDSr 9 and October 23, 1991, including written and oral staff reports, together with public te9i imony, ihie Commieeion hereby spsei[ically finds ae follows: (a) Th. appllestion appliu to vsriou• roidenelal, commercial, and industrial properties located within the Industrial Area Speclf i< Plan; and (6) Th. proposed amendments will not have a •ignl[icnnt impact on the snvlronmenG a evidenced by the caneluaions end findings of tDS Initial Stutly, Part II; and 3. Bawd upon tM substantial widenu pnsanGd to ehle Commission during ohs above-referenced public hurinq and upon the spec if is fLndin9s of face eat forth Ln paragraphs 1 anQ 2 above, this commiuion hereby finds and concludo as follows: (a) Th1^ amendment dow not conflict with eM Land Uu Polleiu of the General Plan and will provide for dwelopment within the district in a manner conristent with CDs General Plan and with relabd dwelopment; end ~' PLANNING COMMISSION RESOLUTION NO. ~----- ISPA 91-OS - CITY OP RANCHO CUCAMONGA October 73, 1991 Page 2 (b) The ptopoastl amendment i• conei etent with the abj actives of the Induetz ial Area Specif is Plan; and (c( The proposed amendment will not be det rimen[al to the public health, safety, or welfare or materially injurious to proper[ iea or improvements in the vicinity; and (d( Tha proposed amendment will not be detrimental to the objectives of Che General Plan or the Industrial Area Spa cific Plan. d. Thls Commission hereby finds that the project has been reviewed and coneiderstl in compliance with the California environmental Quality Ad of 1970 and, further, tht• Commission hereby recommends issuance of a Nagai iv¢ Declaration. 5. Based upon the findings and conclusions sst forth in paragraphs 1, 2, 3, and a above, this Commie Lan hereby resolves as follows: (a( That the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Industrial Specific Plan Amendment 91-OS amending Part III, Section IV. P, par LM attached Ordinance. 6. Tha Secretary Lo this Commission shall certify to the adoption of this Ruolut lon. APPROVED AND AD0pTE0 THIS 73RD DAY OP OCTOBER 1991. PLANNING COMNS BSION OP THE CITY O! RANCHO CUCAMONGA BY: I, Brnd Buller, Secretary of the Plannln9 Commission of the City of Rancho cucemonga, do hereby certify that tM foregoing Rnolutton was duly and ragul.arly ineroduced, posed, and adopGd by CM Planning CommLdon of the city of Rancho Cucamonga, et a regular mad inq of the Planning Cammis^ion hold on the 73rd day of October 1991, by the followlnq vote-to-wit: AYES: C0MMIBSI0N[R9: CHITIEA, MCNIEL, MELCHER, VALLETTE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TYJLSTOY 8~ ORDINANCE NO• ~ Q~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHD CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT N0. 91-04, AMENDING TITLE 17, SECTION 17. 12.040•C.4 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING BICYCLE STORAGE FACILITIES AND AMENDING TITLE 1], SECTION 17.08.070 REGARDING TRAIL MAINTENANCE STANDARDS. The City Council of the City of Rancho Cucamonga, California, does hereby Or ddln a8 fp11oW8: SECTION 1: Section 17. 12.040.C.d. is amended to read as follows: 4. Bicycle Storage: Hicyc le storage spaces shall be provided in all commercial, office, and industrial districts in accordance with the following: (a) Minimum spaces equal to 5 percent of the required autoaxrbile parking spec ea or 2 bicycle storage spaces, whichever is greater. After the Eirat 50 bicycle storage spaces are provided, additional atora ge spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle etorage spaces at a rate of 2.5 percent of the required automobile parking spaces. In no case shall the total number of bicycle parking spaces required exceed 100. Where this Yesults in a Erection of D.5 or greater, the number shall be rounded off to the higher whole numbez• (b) The bicycle etorage spaces shall be located no further than two times the distance between main building entrances and the nearest parking spaces to those entrdnCe9• fc) The bicycle storages spaces shall 6e a minimum length of siz feet, a minimum width of two feet, and have a minimum overhead clearance of six feet. (d) An aisle or other apace shall be provided for bicycles to enter and leave the storage spaces. This aisle shall g3 CITY COUNCIL ORDINANCE NO- DCA 91^04 - CITY OF RANCHO CUCAMONGA December 4, 1991 Page 2 have a width of at least five feet to the front or the rear of a standard six- foot bicycle parking in this space. (e) Security racks shall be provided for each atorage space, and should be located in a highly visible area to minimize thefC and vandalism. (f) O£f ice or industrial projects with over 100 automobile spaces shall provide all- weather storage lockers for 50 percent of Lhe required bicycle storage spaces. A "locker" is defined as a fully enclosed apace accessible only to the owner or operator o£ the bicycle. This space may also serve other purposes. A locked room or locked enclosure accessible only to the owners oz operators of 6lcyclea parked within Such room or enclosure may qualify. (q) The following uses shall be exempt: 1. Temporary uses per Section 17.04.070. 2. Motels. 3. Xiosks for key shops, film drops, etc. 4• Mini-atorage facilities. 5. Pecreet!onal vehicle storage yard8. 6. vehicular storage yard and towing services. 7. Scrap yards. e. Caretakers yea idences. 9. Other uaea as determined by the City Planner. SECTION 2: Subae cLion E is added to Section 17.08.070 of Chapter 17.08 to read as follows: E. Local FeedeY Trail Maintenance. All local feeder trails shall he maintained by the property owner in a safe and passable manner which does not detract from the use or appearance of the trail, and in a manner consistent with the following standards: Scrap lumber, junky trash, atorage, or debris fa prohibited. ~~ CITY COUNCIL ORDINANCE NO. DCA 91-04 - CITY OF RANCHO CL'CAMONGA December 4, 1997 Page 3 Abandoned, discarded, or unused objects or equipment, such as automobiles, automotive parts, furniture, stoves, refrigerators, cans, containers, cr similar items, are prohibited. Trail surface and proper grade shall be continuously maintained for safety and ridabi lity, including removal of excessive size rocks, filling of pot holes, removal of weeds, and refilling of rota caused by eroa ion or other disturbances. The trail surface shall be continuously maintained with surfacing material consistent with City standards. 4. Construction of any structure within or across the trail easement, Src lading wal le and fences, gates, planters, sidewalks, drive approach ea or similar structures, or installation of any vegetation or irrigation system or device or obstacles of any kind are prohibited. 5. Vegetation shall be kept cleared from encroaching into the trail to a height of 10 feet and to the full width of the trail. fi. Trail fences and gateG shall be kept in good repair at all times, inc ludi nq replacing damaged members, and maintaining plumb. This shall not preclude the property owner from replacing the existing trail fence with another fence or wall material. 7. Drainage swales, curb and gutter, or similar drainage structures, shall be kept clean and free of debris, trash, soil, vegetation, or other material in a manner that permi to proper drainage. SECTION 3: This Council finds that this amendment will not adversely affect the environment and hereby issues a Negative Declaration. V L-. CITY COUT'CIL ORDINANCE N0. CCA 91-04 - CITY OF RANCHO CUCA.MONGA December 4, 1991 Page 4 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. V ORDINANCE N0. ~-f ~ J AN ORDINANCE OF THE CITY COUNCIL OF THE CZTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT N0. 91-05, AMENDING PART III, SECTION IV. F., REGARDING BICYCLE STORAGE FACILITIES. The City Council of the City of Poncho Cucamonga, California, does hereby ordain as follows: SECTION 1: Part III, Section IV. F.4. is amended tc read as follows: F.4. Eicyc le storage facilities shall be provided within all development and relate to planned and existing bicycle trails in accordance with the Development Code requirements. SECTION 2: Part III, Section IV. F.S• is amended to read ae follows: F.S. For developments with et least 90 total parking spaces, required on-site parking may be reduced at a rate of 1 automobile parking space per 4 spaces of bicycle storage, up to 50 automobile parking spaces or 10 percent of the total required on- aite parking, whichever is less, where locker rooms and showers are provided for employee9 to promote bicycle commuting. SECTION 3: This Council finds that this amendment will not_ adversely effect the environment end hereby issues a Negative Declaration. The Mayor shall sign this Ordinance and the Clty Clerk shall cause the same to be published within 15 days after its passage at least once Sn the Inland Valley Daily Bulletin, a newspaper of general circulation published Sn the City of Ontario, California, and circulated in the City of Aancho Cucamonga. V CITY OF RANCHO CtiC~\:~SOtiGA STAFF REPORT ~_ DATE: December 4, 1991 T0: Mayor and Membe xs of the City Council Jack Lam, AJCP, City Manager FROM: 0x ad Hu lies, City Planner HY: Nancy Pong, Senior Planner SUBJECT: APREAL OF A DENIAL FOR THE PLACEMENT OF A WALL SIGN WITHIN TERRA VISTA TOWN CENTER - LEWIB HOMES - Consideration of an appeal of the Planning Commission's decision Co deny the request to place a wall s19n on the tower of Bul lding G within the Terra Vista Town Center, located a! the northeast corner of Foothill Boulevard and Haven Avenue - APN: 1077-a21-O5, 06 and 18. R6COMBlIDATLOB S toff recommends that the City Covncil uphold the Planning Commission's decision to deny the cequest to place a wall sign on the lover of Building G and deny the appeal. BACFHPOUND On February 2, 1989, the Planning Commission conditionally approved a Un iEorm Sign Pro gram for the Terra Vista Town Cettter. The Sign Program does not include a provision to allow signs on the tower for Hui Ldings E oz G. On September 25, 1991, the Cosmle sion reviewed a request to place a wall sign on the Cower of Building G. The Commis sion determined that allowing a wall si qn on the tower would detract from the design of the tower. The Commission then denied the xeques[. Copies of the Heptember 25, 1991, staff report and minutes are included in this report Eot your review. Aaxarszs Ths proposed wall sign is for a tenant, SS Clothing Store, who leased almost the entire west end of Building G, except For a very small pcrti nn consisting of 254 square feet. This space is now le aged to a small stall jewelry store. Both businesses, the clothing store and the jewelry store are in operation. The sign for the jewelry store ie installed. At present, the $5 Clothing Store hoe a temporary banner on the tower. The request to allow a sign on the tower was due to the way the interior spaces are subdivided as shown in Exhitite "E 6 F." The sign space Ghat. was intended for the SS C1oCh ing Store tenant became the sign space for the small retail jewelry eto re. CITY COUNCIL STAFF REPORT CUP 8H-12 - LEWIS NOMES December 6, 1997 Page 2 The Coam~is si on reviewed the request and deliberated on the issue of whether a wall sign should be placed on the tower. During the Development and Design Aeview of Bui ldinge E, G, R, and Q, the Commission had placed special emphasis on these four buildings as they flank the main driveway into the heart of the town center, leading to the theatre and food court. The towers are an architectural statement and the focal point of the center. Placing wall signs on the tower would detract Erom the design. The majority of the Comoi ssion felt strongly about this issue. The Covmission did consider other alternative locations for the wall sign as presented by staff at the meeting. Eome members of the Commission Felt that placing a wall sign at the lower level of the tower at the metal grill (Exhibit "G") would be acceptable. However, the applicant pointed out that there would be some technical problems in installing a sign at this location. It was the conaenaus of the Commission that the technical problems could be overcome. The Commie sion with a three to two vote denied the applicant's request to place the wall si qn at the tower as proposed but approved the wall si qn to be placed at the lower level of the tower at the metal grill arse. If the Council decides to allow a wall sign on the Building G tower, staff will recommend that the Council consider allowing a sign on both towers Eor better balance (south elevations of Buildings E s G) since the two buildings flank the main driveway. Respect y submit[ Hrad Bul er City Planner HH:NF /jfs Attachments: Exhibit "A" - Applicant's Appeal Letter Exhibit "B" - September 25, 1991 Planning Commission Staff Report and Minutes Exhibit "C" - Slte Plan Exhibit "D" - Proposed Sign Location Exhibit "E^ - Interior Subdivision of Tenant space Exhibit "P" - Approved Sign Locat lon per Uniform Sign Program Exhibit "G" - Alternative Sign Location Exhibit "N^ - Coamisal on Workshop Action of December 21, 1989 Aeeoluti on of Dental V Lewis Homes Management Corp. 1156 NoM Mormuvm Avmm / P.O. Box 670 / Uplad, CdJomix 91785-0670 71dr985-0971 FAX: 714N49-6700 October 2, 1991 Mr. Brad Buller - City Planner Planning Department City of Rancho Cucamonga 10050 Civic Canter Drive Rancho Cucamonga, CA Re: Terra Vista Town Center - Sign Program Rancho Cucamonga, CA Dear Brad: cc ~~ - RECEIVED - ~'~r, n: aA',~CUO r:UCAMOM6A ~ OCT 031991 7189110111112111218141516 c~ ! P~ ~I~. We are respectfully requesting an appeal to the City Council for the decision made by the Planning Commission on September 25, 1991, not to allow signage on the towers at buildings E and G. Their solution was to remove the grille work on the arch and incorporate the sign within this element. We believe this ie not the correct solution to this problem and that the proposal that we have presented solves the signage problem with the least negative impact on the design of the towers. Please have this put on the City Council agenda as soon as possible as the tenant will be occupying their space by oux Grand Opening on the 12th of October. Thank you for your assistance in this matter. Cordially yours, M c el L Pro ect M ge Commercial Division MLL:cs cc: Gail Sanchez, Secretary to the Planning Commission Joe Oleaon, Rick Mager and Ken Corhan EXHIBIT A " 40 EXHIBIT B " 9/25/91 COMMISSION STAFF REPORT AND MINUTES cuv ea-i2 cc: oec.a.tssi ~~ CITY OF RANCHO CUCAMONGA - STAFF REPORT DATE: Rep ember 25, 1991 TO: Chairman and Members of the Planning Co®ission FROM; Brad Buller, City Planner BY: Nancy Fong, Senior Planner SU&TECT: REVIEW OP AN ANENOMENT TO TB8 UNIFORM SIGN PROGRAM FOR TERRA VISTA TOWN CENTER - LEWIS NOMES BACKGROUND: At the August 22, 1991, Deel gn Review meeting, the app lieant made an informal request for the Committee to review a proposed sign on the Gower of Building G ae shown in Exhibit "B." The Committee (McNeil, Melcher) recommended approval. However, because the fu 11 Commission, at its rorkahop of becamber 21, 1989, reviewed the elevations of Building E and G and imposed a condition of approval prohibiting ai gas on the towers, acCion by the full Commission is nece9eazy. Therefore, the applicant Se requesting the Commission to review and approve the proposed signs on the tower of Building G. ANALYS iS: The proposed roll sign Sa for a tenant, SS Clothing, who leased almost the entire west end of Building G, except for a small portion consisting of 256 square feet. This specs ie nor leased to a small retail jerelry store. Exhibits "C• and "D" show the interior finbdlV lei On of the tenane spaces and the approved sign locations for Building G. The sign apace that was intended for the SS Clothing tenant became the sign space for the ama 11 retell jevelty store, which is the reason for the request to allow a alga on the tower. Staff has noted the following obeervatlone related Co this issue: On December 21, 1989, Che Commies ion conducted a special rorkshop to revier Phase II development of Terra Vista Torn Center which cons fisted of Buildings E, G, R, Q, and J (Rose). The CO®lasion oleo reviewed a full model of the project. The Commlaeien had placed special empheaie on Buildings E, G, R, and q, ae these tro sets of buildings flank the main entry into the heart of the Town Center, lending to the theater and fOOdCOnrt. Tha too Corers, one on each side of Buildings 6 and G. are the visual focal point of the entice project due to the height. This roe the reason for imposing a wndltlon not to alloy ai qne on the towete. Attached for reference le a copy of the December 21, 19FN, rorkahop etafL report and recorded Commission action. The Commission hoe consiatant ly stated that signs should not to allowed on towers rlthin the Town PLANN IYG COMMIS BION STAFF REPORT UNIFORM SIGN PROGRAM/TERRA VISTA TOWN CENTER September 25, 1991 Page 2 Center. Foi a%amp le, 9i gna were not allowed on the towers for solidi nga X and Y (not constructed). Except for Mervyn's and Edward's Cinema, [here are no si qns on existing towers within the Town Center. 3. Any si gna installed on the south elevation of Building E and G wi 11 have limited viaibi lity from Foothill Boulevard because of the distance from the street and the fact that Buildings Rand Q will block some of the view. The signs will be visible from the main driveway off Foothill Boulevard. a. The proposed ai gn with a dimension of 1H-inch letter size and 13-foot long sign copy will fit in between the apace of the recessed plaster basket weave nrche and the arch elements. These is approximately a 6 foot clearance between the iwo elements. However, the tower roe not deal goad to accommodate a sign. 5. Given the pattern of the interior subdivision, there are no ocher areas for south Eacinq signs m this portion of the Duilding. If the Commission decides to allow a sign on Building G tower, staff would recommend that the Coomisaion conai der allowing a si qn on both towers, Eor better balance (south elevation of Buildings E and G) since the iwo buildings flank the main driveway. RECOMMENDATION: Btaff recommends that the CommleeiOn review the request and determine whether the sign program should be amended to allow a sign on the tower elevation. Reece t[ ly e 1 ( /I ra ul City P a ner BB:NF:je Attachments: Exhibit "A" -Bite Plan Exhibit "B" - Proposed sign on Building G Tower Exhibit "C" - Interior subdivision of tenon[ apace for Building G Exhibit "D" - Approved al gn Locations Eor south elevation of Building G Exhibit "E" - Goober 21, 1989 Co®Se sion Wor kahop Action 93 Cotm ionat To L[oy rtatd that doting Deign Raviw eM applicant had indicat era would be a pro6lam baeauw oC eM matl ion iE Che boa drop off ware plaud o rra Viata Parkway. Nr. Coleman atatad iha van i! the boa Day beat ion ware placed on Tatra VLeta Parkway, the parent uw the bw bay drop off during inc lament uuther becauw it would be clo• to the bu ild logo. Commits loner To Ltoy agreal that the •i [ion ua• cliff is al, but •aid cha Design Revive Committee had not Cound a good • ion. Brad Bul Ut, City Planner, atatad the Item wet a caurta wive. xe aaid the Commlaalon'• caamenC• had bean noted and the architect an choal Diatti<t would hopefully work with cuff ae CM plena are linalizal. CommLdoner ToLCOy Doped Chtt a berminq could b• Lneozporatd to t<rwn parking lot Crom the etrNt. DLAECTOA'S RtPORTS I. BE_VIIN O! aN AIfSNON[NT TO 2FQ UNIiOAM SICN PAOGAAM !OA TERRk V CENTER - LENIS NOlQS afro Rzout ll, Deputy city Planner, pnuncal she stout report. Chairman A<Nlel Lnvital public ea®ent. Rick Magec, Lwia Nomet, 1560 North Mountain Avenue, Upland, nquetud that both Buildings 6 and 6 W coneideral. Ne diatrlbutal • a1G plan, atom layout plan, and butldinq •levationa. Ha aiaeal they had difficulty finding a unapt to Laao the 0160 and 6150 eultea [ogeUer Gcauee Cha Unant^ wanted a aquas or nctanqular [looc pLn. Ne aaid a tMy wn looking for high via lbility unapt for tM rover apace, tMy wra driven by tM demands of the tenants. Ne nportal tMt tMy Lueal tM 6160 aulu to SS Clothing Ston and the ramalninq ZS{ aquen tact co • jewlry atop. Ha nportal that because the jewlry atom would W ueil isinq Cha •ign Sa~ediately above their dooz, there wind W no approval •ign Olaeeamnt for eM SS Clothing Ston on eha aouthetn elevation. Be atatal CM Design Raviw Cae•ittae had agreal that the 6eK solution weld W to Place tRe •ign for the extreme wet and upon[ on eha tower faN n1aN the reaeesal bukeC wave. Me qld M had brought along 9ernU LabowiCS tram SS Clothing lion and • npceaentative Cram Superior Electric (the •ign company). Chairman N<Niel ukal it Euildin9 E would W leasing in the seam pattern. Mr. Mager aaid then wre letgn of !punt to lease in the acme general pattern. Planning Commltelon Minutes -1{- September ZS, 1991 ~~ Chairman NcNisl et ated he did not know chat Mar ing rectangle have in today's market a there are many afore with cdd canfiqu rat ions. He •aid at the Cee ign Asviw meet inq he Md agreed to consider the vquut for an addict Tonal •iqn. Hr. Nagar et at ed the tenant wanted a •iqn that is visible Ezom Poothill Boulevard becauu the main entrance is on tM Poothill 0oulewrd Bide. Commiuioner Val Ltts ws eono~~ed that i! Poothill Boulevard facing •ignage were approved foz tM towz of Build inq G, Lt would alto be requea[ed tar the tower element of Bu lldlnq Q. Mr. Nagar did not [hl that would G true becavu 0u11d inq q L • two-bnant building and eM southern tenant would De entitled to the approved wall •iqn location taeinq Poothill Boulevard. He Bald the other merchant made their tranuotion on the DuL of [acing tM •hoppinq eenbr rather than to tM eoutn. Cnalrman HcNLl stated M w• eympathstlc with !M plight of tM epplleant. He said wMn eM bu lldinq was do Lgned St wu originally felt one tsnant would take tM entire aruf tMrKOre, the •ignage at tM aouthuat corner would be mffic Unt with no algnage Co M petmiited on the towr. Commiuionsr He1cMt asked it iM approved dqn locations on tM war •lsvation o[ Building d would W deleted it ^ dqn more to be permitted facing Pootnill BOU levard. Mr. Nagar stated that consistent with the wet elevation tMre will bs a sign on the minor, domed towr in lieu of •ignage in she three sign band areu. He Bald Chat •iqn nod alrudy been approved. Chairman McNiel queetionsd how quickly tM developer medsd an anawr on the •ign location. He thought grMpa better drawings could M submitted to give eM Co®L•ion a better sense of what tM proposed ^iqn mould look like. Hr. Hager stated that tM grand op•ninq of CM shopping cenUr wu ¢Mdu led for October 1T and 3J and $S Clothing store wu planning • soft opening belore than. Thera mote no further public comments. coaroluioner Chitisa agreed that tM towers o[ Build Lnga ^ and G need tc match and balance one another. BM said that during the original design of she center, It wu deeermined that the towts should not W turned Lnto •ign •ismene^ by placing • •iqn on any of the mayor towr e1wnN. she felt it would W appropsiab to place • ^iqn in eM metal grid area Mlow tM towr. She felt that placing • •iqn above eM arch and below ens deeoutlva work would detract tract eM ehoppinq center u • whole. cammiu toners ToLtay and valletq concurred with Ca~Laioner Chitin. Planning Coimisaion Minutes -IS- September 25, 1991 95 Commie icner MAehar thought the basket waew elamsnt should oaf in Italy remain. R. thought then. spec iEic tows. are unique becsuae shay av somewhat concealed behind Bu ildinga q and R and are net back rather Ear from Foothill Boulw ord. H. indicated he thought at first glance it would b. 1»rm ie•ible to place the signs below tN basket venue but •sid h. wu not invo lvsd with tn. original •iqn program and did not know about tM ro triet ion regarding signs on the toner •lemane. Ha uld M would be will inq to look ae a mock up paps pattern on the wall to gat a aeon of what CM sign may b. like bale ra ruling it out. Chairman McNlal ataud the propo ud •iqn wu shown in Exhibit B of the at afE report. Commie loner Helcher stated SC wu dlElScult to gat • Now o! the look from the drawings. Cha itman McN Lal invited Further public cammeni. Nike laeley, LewL Hamee, 1156 North Mountain Avenw, Upland, atatad tM drawing vas to seal.. CM izman McNlel asked 1f any thought had bean given to plaelnq Ch. •iqn Ln the ma al grid are. Mr. Laeloy stated that. wind G • problw in utilizing individual neon left er^ in the mat al grill area beuuu of the need eo eonnoct [M U[Gr• to the tranaforerr. Ne uld there wind slap D. a quutlon of where io plat. the tzansformor. Ha indicated Choy Aad pLnned to place tM tzuatormer 6ehlnd than roof parapet and run condulb tram the location above the arch. x. acid it would have to W exposed neon or a canned aign Lf they plwed the •iqn In the grill era. He reported they have not uaod exposed neon or • canned aign anywhere else in CM cantos. Nr. Mager orated that they have tried to dui with uethotica throughout the project and have attwp[ed to W uneltive cogardinq the pLeement o[ ^igna. Ha uia sharp Se • lot of activity in !ho archwy above the doors ud he felt it would W inappropriaN to add • aign in that arw. Cowiu loner To latoy stated he wind G willing to allow a panned •iqn it that were neceaury to have tM eign !n the grlllwrk area. Chairman HcNiel did not [eel • canned •iqn should G used. Ho prelernd tM lover level ^iqn and felt the technleal problwe could b• wrked out. Commiulonor Melchor felt that applicant had ahavn their attempt to dui with •iqn• in a uetetul aunnor by not euggeaeinq Chat tM •1qn replace eM bukecwaw pattern whleh mould place tM •!qn in a more praminue location. He •sid M mould M will inq to consider the loeatlen they wee nquotinq aubj sot to using • pattern on the moll eo Chat the Cowiu ton could uo what It could look ll1u. He uid that mould give • tatter auu o[ how it would look torn-dlmoneionally and tram /oothlll Boulevard and caning In the driveway. Planning Commie ion Minute -16- September 15, 1991 9~ Cons ls•ionaz Valletta wu conwrrsd that if two signs an ps rmitt ad an the two tawer•, o[Wz esnanL who do not hnvs visibility from Foothill Boulevard Wyll aLo ragout such •ignags. She felt iW applicant should work Within ens astablisMd •iqn program to mast iha nods o[ inair tanant. 5ha aid nct want a sign on the tower •lammt. 5W said sM would cons ides onv in ins grillwork aru, bet would like to ne it there before dec id inq. Hr. Lasky scat ad that iC a unnad •iqn wsYe to be permitt ad in tM Lawer area, it could bs easily done but individual left az• would b• tlift icult. Ha felt the but du iqn solution would ba to plan the sign in tM aru they proposed a• ha did not foal LL would be a goad idu m •liminau tM grillwork. Ha indLCaNd the light fixture would 6e blocked out if a sign ware placed in the grillwork uu. He said who tW building moss originally designed Lt was thought tanant• would Da brought in off eM side but ens isNntl would not survive. co®iu toner MeleNr agreed that the light fixture is atinctiva and would not show if CN sign were placed in the lower area. Coomiseioner CDitiee agreed it wu a good Point that Che light Litton would net chow, but anyoM uLSlnq eM store would Dave the plusure of Neinq the fixture. she •elll bit she •!qn should not W plwed on tW tower and said tMy Dad diwuued the need for •igne back when tM center w• des Lgned beuwe it was lair 6y the CoemiuLan that dgne mould W requuGd. Chairman McNlel felt tW Sow Ls Ue tower, Dut he wu not cure tW alternative wau ld work wall. He old even 1! the •!qn wen plwed on the Cowen then would sCill not W a gnat deal Of visibility lrom Foothill Boulward. He eked how vLibL sn 18 inch high elan would W from foothill Boulevard. kimbuly Salts, 9upeclor BUCtrlc Advertlainq, stated Uat cleat visibility for 1B inch letter height vould W 750 [wt. Chairman NcNlel stated that Ue tower le not clearly vlelbl• from Paothlll Boulward. Ccmmluioner Melchu crated exeeptlone wen made for Bae• Stores because of tM extreme dletanee [rep foothill Boulward. xe uggeated that Wcauu the ewo tower are ether dlatut trap the attar Chat an exception would nos bring about • bungs of requuG for other tows signs and mould not eonmit the Commiuion to granilnq ouch requaC• 1[ they more ncelwd. Chairman NCNUl thought that wen though Me would prefer the •iqn at the lower Uvel, it would least cluster the Dulidlnq if the •Lqn were placed on the tower between the a[ch and she DuWtwwe •lewnt. Berme Labowit r, SS Clothing Store, 4320 But •qth Sheet, Loa Mgelas, stantl they tried to DaLnn the algnage. Ne old the Dack tows Dad Wen approved and M raft eW [root tows location wuid Delenw Che a/gne. Ne old 1f the •Lqn more to 6e dropped to the grillvork aru. eW wldeh of CM •iqn would have to De reduced and tM dqn mould be dlf [Lcu It to nad. P Lnninq Conmla ion Mlnutu -ll- September 49, 1991 97 the Gomm i••ian w-ce {ea11Y ha~th• n ma vto a. could way ann n iuioneorf Vall•y1• paee'L ie Ste had LCh<•.h noa be thekTl 1 i 9 Gommiee ion roam ret- m ou rketin9 if the app not feel Lo9L•^t' rather ma resent lY and nedr eh• did to the ei9n p n•ib ilitY, bard these ociq in all LLdp i9p allow chan9e• iP ion'• s•apw m-t•L1-S iL- en n b• chw Orman NcNi 1N•t V•d thewp••cond,CioN b cNN Bond caumi••ion9•houa,t• aVesY ehould beion-• tlezib it itY 1° n Nen °u a ha to -ceomm°n decision eom did °C ld v Coami•• et-ted the i••ion eh final vp L•tu c~d with eM os 19 but ehe dsd not tNl the ConmiP i°°aL kN, SM •9 ne9•. flexible tou•L :Le~ntN should not have •19 ded•l°° a° aPp he int was 9oodr but that the ublic cortm•°t•' feet of reedy •p•o• m turthes P ValUtee'• P° co LteL TMre w•ce no 0oma1•doner 000 •4°aP He •e id chat in felt im•telY 600. ce problem ese-e Me1cMr vest eaull •cale• GotamiN ion•r wee -pptox 1Ne-ble pa it wP not °p Gh~ that there doN •t cf small indicated le or L9in-11Y couple Ne •8r••Che problem in 1-nnin9 are • G u°coeet°at •olvin9 the p CMrer~ N uld not but N CLCY• out that r w° • the find n p the Psobl•m, ~ arms of the eL9 solve she ppl ic•nt end the Coaieie•ion tObe pest tos V-lletp• that prop°Pd waY m-Y Gcomiu ioNr tlexibU end with sign on - rNd nNde t aid not want the C~iN LOner ChitiN 9 0o®leeton the thou9htr but he ToLto : t9e[gttNL[e tuYtheL motel Coamiu to Mr the •19° in the the t ions many CLN to place --rsied oY •itu- yellette MotLOn the tower. eecondedt : full Co~l•elon• Moved by ToletoY'covel of Norio blow the arch on app stet TTE follow in9 vote: CNITIEEr T°~TOT~ V GOp4TSSIONERSC rYES: NCTRELr IRLCIRE .c-LC led Gpp4ISST0NEW t NOES° NOES cOMMTSSIONEEBt reSENT° ~-~~ deei9n _..ev4p T O EEYIm - Csel Mp°rt/ub°°~•LCtN h•: ~h rel-EN to th ttoc J ~'- ~`--TIEr-~ e~/eepfln9 •° °p~stunitY the • t F' o~--VE.IY in Bullec, CLOY p1•n°es tM developm•°C ~ ooneept a full input ~ the concept. Btyd hod d1•eueeed Council N~~•Ld they to meeC wLth the review. ccmpunLthe cthes ComoiNioMC• 91ve cM devel NApe„ked chat I pcocee•. I5, 1991 Seputob•c -1B' p l-nnin9 Go•miN Lon MLnutee ~~ -__ .._ ~ti _ NU _ _ -~ I I u ; ~ v ~ I ~ I I I __ ~ CI I / ~ ~ ~ ~ pv~ ~' ~'~ ~ - 1 r l B ~. __. 1 ~i - - I .~ @ 9 ' ~ ' s ~. I '~-_---~ - - V ~ ~ ' - - , _ ~ V ~ _ • i • •' ~' u ~ ~ ' ' ~ ~ / .' V ~.... ~ `. . ~ `~ u ~ ~ Q. _- , M 1 ~ ~'~ ~~ 1T-~... _~~~_ . W ~_ ~ w f~,~s-... ,~ ~j ~ ~~ ~ • y J I - - _ i ~ t 3 - ~ i - U - _~ ~ ... ... __ x __ ~~ W m. i i a ~i9 ~~ .~. J Y1IN~ N •• 1 ~ , ~9 ~ O • F ¢ . ~ U , - ~ ~ s~~ V/ r~ O I Q" ~i _~ dl Q H ., x w Ib~ ,~ i a.rt ,.~~ ~ =--• ~ as a.rt. ~~O 7~ ~J X1^1 S(OP.E ®.rt. C! a a.rt. m®.rt. ,Iy~', d L'~ /~ y a• ~.n. P oFb J~.1e~RY STDRC B U I l 0 I N G G' F L O O R P L A N ~~'~!~ SI171~ 1~/1~ rows rtn~ pow mnr ~..oo os.~w. a~ roru AACNt TECTS PAC If ICA UO EXHIBIT " E " -INTERIOR TENANTS SPACE /D1 ~w u d ~ ' ' C~ 00 z~ 6p T~ 1 .r... FT F T: a1 NI 0 ~_ W J ~W . 2 Y` i ~ 0 N 1 n v/ z 0 U z c~ Q 0 a w H w l ~~- Z 0 .. r t 'J w J ur w 0 J to = F O z 0 ~~ U z w H rr Q~ fr 03 CITY OF RANCHO Cl'CA~IOtiGA MEMORANDUM ~~ ~ ~, ,~ ~ .r 04TE O -,.r- `-'~ : ecerib er i9, 1989 T0: Chairman and Meyers of the Ptann ing Commission ~ ' 'i fROd: Nancy Forg, Senior Planner ~ j //// YY J SUBJECT: PLANNING CAAMISSCON YCRX SHO P ON BII IIA ING$ E, G, J, R ANO Q IN THE TERRA YI STA TGWNE CENTER Just a reminder regarding the Commission workshop following the Oesign Review meeting of Oece~er 21, 1989 at 8 p.m. Attached is a copy of the revised development plans and staff comet nts. [f ya have airy questions, please feel free to call me. Thank you. NF:mlg EXHIBIT " H " -COMMISSION WORKSHOP ACTION OF 12/21/89 Following are the results of the Deceaber 21, 1989 Planning Cowai ssion workshop held at the Ra neho Cuca~anga Neighborhood Center, 9791 Arrow Highway, regarding the Terra Yista Town Center, The Lommiss ion reviewed the revised plans far Phase If and elevations for Buildings E, G, R, p and J and recommended approval with the foligwing conditions: 1. The orientation of the parking area east of Building Q should 6e at 45 degrees as originally approved. The developer agreed. 2. The square file inset occurred too often. The developer should look at lte rna fives subject to Design Review mmittee review and a royal. 3. No signs should be allowed on the towers of Buildings E and G. 4. Ross-Dress or less sign should be subject to Design Review Committee review and approval. 5. The tree wells along the south elevations of Buildings E and G should be moved closer to the colonade. 6. Multi-pane windows should be used. 7. The storefront for units between Buildings G and J should be similar in design to Building E. 8. The arch window design for Ross should be Subject to Design Review Committee review and approval. Also, double edge stucco over and around the arch should be rounded and with scare lights. 9. The design and color of the tiles for the dome should be subject to Design Review Committee review and approval. NF:sp r~~ RESOLUTION N0. N/. ~75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON GA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION TO DENY THE REQUEST TO PLACE A WALL SL GN ON THE TOWER OF BUILDING G WITHIN THE TERAA VISTA 1VWN CENTER, LOCATED AT THE NORTHEAST CORNER OF FOOTNILL HWLEVARD AND NAVEN AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-421-05, 06, AND 1H. A. Recitala. (i) Lewis Homes has filed a sign request as 3escribed in the title of this Resolution. Hereinafter in this Resolution, the subiect sign request is referred to as the "application." (iii On September 25, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a public meeting and denied the application. (iii) The decision represented by said Planning Commission Minutes was timely appealed to th ie Council. (iv) On December 4, 1991, the City Council of tho City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption cf this Resolution have occurred. e. Resolution. NOW, THERHPORE, it Se hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga ae follows: 1. This Council hereby specifically finds thnt all of the facto set forth in the Recitala, Part "A," of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced December 4, 1991 hearing, including written staff reports and the minutes of the above-referenced Planning Commission meeting, this Council hereby epecif ica lly finds as follows: (a) The application applies to property located at the northeast corner of Foothill Hou levard and Neven Avenue, and on property zoned ae a Community Co~erclal Dis trier, and Se currently developed a9 a shopping center. (b) The eppllcant proposed to place a wall sign on the tower of Building G. The proposed location for the wall al qn Se not an approved location actor ding [o the approved Uniform Sign Program. /D~ CITY WVNCIL AESOLVTION N0. CUP 88-12 - LE{QZS HONES December a, 1991 gage 2 (c) The Commies ion, at the Workshop of December 21, 1989, imposed a condition of approval for Buildings E and G prohibiting the placement o£ wall signs on the towers. (d) There ace alternative locations to place the wall sign. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing, including written and oral staff reports, this Council hereby finds and cone lodes ae follows: (a) The placement of the wall sign on the tower of Building G would be inconsistent with the Uniform Sign Program and the action of the December 21, 1989, Commies ion action. (b) The placement of the call sign on the tower would detract from the design of the tower which is the Eoca1 point of the T¢rra Vista Town Center. 4. The City Council of the City of Rancho Cucamonga hereby denies the application. 5. This council hereby prov idea notice io Lewis Homes that the time within which Judie ial review of the decision repcee¢nted by this Aeeo lotion mu et be sought is governed by the provisions of California Code of Civil Procedure Section 1096.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) cart ify to the adoption of this Re ao lot io n, antl (b~ forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Lewis Homes at the addrase id¢nt if ied in City records. 8, The City Clerk shall certify to the adoption of this Resolution. ~D 7 --- -- CITY OF RANCHU Cl'C'AMCINGA STAFF REPORT } ~. DATE: December 4, 1991 TO: Mayor and Members of the City Council FROM: Linda D. Daniels, Deputy City Manager BY: Jan Reynolds, Assistant Redevelopment Analyst SUBJECp: CONSIDF.RATTON OF RESOLUTIONS RELATING TO FINANCING OF PUBLIC IMPROVEMENTS AND FORMATION OF MELLO-ROOS COMMUNITY FACILITIES DISTRICT 91-1 RF.COMMENDATION:_ Consideration of Resolutions to form Mello- Roos Community Facilities District 91-1, issue bonds [o finance associated public improvements, authorization to proceed with a special election by surrounding landowners, and direction to proceed with environmental clearance and issuance of a Negative Declaration. ~CK .RO ND: On September 18, 1991, the City Council directed staff to investigate the structure and formation of a Mello-Roos Community Facilities District to finance public improvements in an undeveloped eastern portion of the City. The following provides an analysis of the District formation and associated special tax levy. ANALYSIS: The proposed CFD will make funding available to construct a more efficient circulation system for the eastern portion of the City. This unified approach to the orderly installation of improvements, as compared to an incremental public improvement construction program, is of great benefit since it will eliminate future disruption to the area. The proposed improvements are shown on the attached boundary map and include right-of-way acquisition, installation of traffic signals, landscaping, utilities and water and sewer lines, and construction of streets, curbs, gutters, and sidewalks. Construction of the improvements proposed by the Community Facilities District 91-1 December 4, 1991 Page 2 District is consistent with the City's General Plan, Redevelopment Plan, and Victoria Community Plan. Based upon compliance with these plans and associated Environmental Impact Reports, staff requests Council direction to proceed with preparation of an Initial Study and issuance of a Negative Declaration. The parcels within the proposed district boundaries include undeveloped commercial, industrial, multifamily and single family residential properties. The boundary map has been amended to exclude a parcel containing two single family residences which was inadvertently placed within the original District boundaries. The requested total bond amount has been set at an amount not to exceed $55 million, with the bond structured in a two series proposal. The Series A bonds are estimated [o not exceed $45 million and will fund the District public improvements. Upon successful District formation, the Series A bonds will be sold in mid- 1992. The bonds will be paid by a special tax levied on all properties within the District boundaries. The Series B bonds are estimated to not exceed $10 million and will fund construction of Victoria Lakes Park. The developer has indicated that these bonds will be sold in approximately three years. 1'he assessments associated with the Lakes Park construction have been placed entirely on the undeveloped William Lyon Company property surrounding [he Lakes. The developer can pay the assessment annually until the property develops; however, the assessment must be paid in full by the developer prior to occupancy of any unit. Therefore, no residential property will bear the costs associated with construction of Victoria Lakes Park. Under the Series A bonds, each property will be assessed according to the benefit it directly receives from the improvements. Flowever, as required by the Agreement between Foothill Associates and the City, the entire assessment associated with right-of-way, construction, and installation of Day Creek Boulevard west of the proposed K-Mart(fiome Dcpot site to Rochester Avenue has been placed in proportion on the Foothill Associate property. Since the rate and apportionment of the special tax is a function of the current /a9 Community Facilities District 91-1 December 4, 1991 Page 3 interest rate and final bond amount, the special tax rate represents the maximum tax that can be assessed. At no time will the rate exceed the amounts listed. A. A. Webb and Associates, the City's Assessment Engineer for the District, calculates that the maximum ratio of tax to property value based on estimated single family home market values is 1.69'n, in compliance with City policy that the tax/property value ratio not exceed 1.8% for any single family residential unit. Property owners have been advised that they may dedicate necessary right-of-way, rather than being paid by the Distri ct funds, thereby reducing the assessment on their pro perty. This not only reduces the property owner's assessment, but also reduces the bond amount since the District would not need [o purchase the right-of- way. Staff is working with [he District engi neers [o deter mine the right-of-way acquisition costs associated with each parcel and will meet with the landowners to fully dis cuss this option prior to issuance of bonds. The bonds are secured by the levy of specific special taxes approved by either the registered voters, if twelve or more reside within the District, or the landowners within in the District boundaries. The Registrar of Voters has notified the City that three registered voters reside within the District; therefore, the levy must be approved by a 2/3 vote of the landowners within the proposed district. Each landowner is entitled to one vote for each acre or portion of acre within the proposed District. The attached Resolution authorizes [he City Clerk to proceed with a special election by the landowners within the district. Letters protesting the special [ax from Mrs. Eda Gllena (parcel north of Base Line and east of proposed Day Creek Boulevard), and representatives of Mr. Ossi Pierotti (parcel south of Base Line and west o[ proposed Day Creek Boulevard) have been attached (or your review. ll a Community Facilities District 91-t December 4, ]99l Page 4 1'he Mello-Roos Community Facilities Act requires that the City Council conduct a public hearing to take testimony on the proposed tax levy and District formation and take action on the two attached Resolutions in order to commence proceedings to form the Community Facilities District. Upon authorization 6y the Council to proceed, a special mailed ballot election will be conducted by the City Cicrk. Adoption of the Resolutions does not legally require the City to sell the bonds in total or for each individual series. it does provide the City the opportunity to make bonds available for financing the improvements and establishes a maximum bonding amount. Prior to formal action to issue each bond series, the City Council will review the final bond amount and assessment rates. The final bond amount will be determined for each issue based upon current interest rate and final cost estimates. Prior to issuance of the bonds, the City and developer will enter into a Developer Agreement which will ensure that costs which cannot be funded from the proceeds of the CPD become the responsibility of the developer. Respectfully /~sub//m~~itted, 1.vnr.~a. ~ A12,ur.~,,fl Linda D. Daniels Deputy City Manager Attachments: Letter -Registrar of Voters Letter -Mrs. Eda Ellena Letter - Mr. Ossi Pierotti Resolution Establishing CFD 91-1 Exhibit "A" - Rate and Method of Appoxtionmem Exhibit "B" -Amended Boundary Map Resolution to Incur Bonded Indebtedness Engineer's Report (provided under separate cover) ~ O O ~t~'~i4~ C REGISTRAR OF VOTERS ERVICES GIIO ~s, GENEM P " _~~` 777 Eot Rialto Avenue • San Bemerdlno, CA 3141 5-0 770 • (7191 3378300 ~~~y~\\~ F. P. HESTON / i \\ Registrar of Voters ~ /III( ~ JANE ALVEflS Assictanf gegisvar of Voters ~ ~ ~ ~, u ~ CITY Oi RANCHO CUCP.A4~I,,. November 7, 1991 NOV 1 S 199? s,slnln,>P,~~E~(a. Linda Daniels Deputy City Manager City of RamAo Cucamonga P. O. Hox 807 Aancho Cucamonga, CA 91729 Dear Ms. Daniels: At the request of Cheryl DeGano of Nebb Associates, I have reviewed the map of the proposed Co®unity Pacilitiea District 91-1 of the City of Rancho Cucamonga. With the technical assistance of Ms. DeGano, I Dave determined that there are three (31 registered voters residing within the boundaries of the pro- posed C.F.D. 91-1 as of Ibvember 6, 1991. Sincerely, P. P. RffiTOM Registrar of Votets ~~~ ~ ~.. Ray Aranda Oepoty Registrar of Voters FPH:RA/mem cc: Cheryl De0ano Nebb Associates 45D5 Allstate Drive, Suite 106 Riverside, CA 92501 / ~~ ~~, t~ u CITY OF RANCHO C11C.4A9Ctw., kD to t'! °T c ~ Ti!+h Edo lillena 1792 N. Euclid Avenue Upland, California 91786 November 1, 1991 Mayor Dennis Stout and City Council City of Rancho Cucamonga p. 0. Ilox 807 Rancho Cucamonga, California 91727 Dear Mayor Stout and Council Members: NuV 0~1 i951 r11 71819rDrllJ2i~12~Sr4 I am writing, es f hope a number of other property owners do, to mnke rnu aware of the hardship and inequity of the proposed Communi t,v Facilities District. As I understand the Council's Resolution, the property owners will be assessed a portion of E55,000, 000 and interest to improve the designated district. The staff report dated September 18, 1991 states that "each property will be assessed accm•ding to the benefit it directly receives from the improvements". The report also states that some properties within the district have been excluded. In determining the value received from the improveaen ts, f do not see s provision for the present value or need for the ieprovemen ts. It appears that the developers controlling 2/3 of the property stand to gain immediately as they complete their projects; however, my ]9,3 acres of grapevines do not need streetlights, severs, etc. At least, there is no present value to those improvements. f am to be assessed E6, 956 per acre, or E134~251 per year. At the present Lime, that is a great deal more than 1 make earh year from Social Seru rity and investments. f do not believe that 1 am the only land owner that is in this situation. It vas suggested that I should he happy to hnve the inpra vemen is provi rled thereby making the land more valuable. The pro6l em with that thinking is somr nC us can not afford to keep the property until the increased value is realieed through a sale. 113 Mm vor Stout and Council Membets November ], ]99] Page Txo As you all know, this is not a good tine to sell property. M,v property was in escrow several times in 1990-91, but the potential buyers would not complete the purchase when they uncovered all of the problems and a possibility of doxn grading the allowed density. It is difficult for me to understand how such a project, i. e. regional shopping center, is going ahead in light of our economy. !f the special tar is approved in order to benefit certain developers, and perhaps, the City's sales tax rer. eipts, it should be accomFliahed xi thou[ ceusin8 a big hardship on those who can not afford an additional tax assessment at this time. I ae sure that a number of the swaller land oxnera would be much happier to pay their share of needed iaprovemen is when funds become available from property sales. Please give your considereti on to this letter end advise me of any misunders tending I may have about the project. Assuming that the district is approved, I hope you will build in a provision for deferred tax billings on unimproved property that does not generate the proposed taxes. Sincefely, ) CC: Linda 0. DAOleIS LAW OGFICES O LIVER, STOEVER, BARR & VOSE 3 W STOCVER M iE EC Di`iER i AM 8 B/,Rq o ' • MO F[SS:PnFL copFOq.]i:ory S 33 5]]6 PLESS v 1000 SUNSET BOVLEVARD CarvwE roONE SAN DIFER LOS ANGELES, CLLIi'O RNIA 90013 MES DUFF MVRVMY ROGEP W, SF q:'~1GER I31]I 330~JDA] EDWPRD W LEE i+E RiBERTD F DIAS 1R N:GE R MIYP MI4 /, BE•N E BERG MPN November 4, 1991 The Honorable Mayor and City Councilmembers City of Rancho Cucamonga 10500 Civic Center Drive City of Rancho Cucamonga, CA 91730 Re: Community Facilities District No. 91-1 Public Hearing - November 6, 1991 Pierotti Property Dear Honorable Mayor and City Councilmembers; This firm has been retained by the Pierotti Family to represent their interest with respect to the establishment of the Community Facilities District referenced above. This letter is submitted pursuant to Government Code Section 53323 and in this regard we wish to register the Pierotti's objection to and protest of the creation of this district. For the reasons set forth below, it is our opinion that this district is proposed in a manner which does not comply with the scope and intent of the Mello-Roos Community Facilities Act of 1982, applicable State Statutes, and Constitutional guarantees. In reviewing the background reports and documentation which were submitted to support the formation of this district, it appears that the City has failed to follow the requirements of the California Environmental Quality Act ("CE4A") in that there has not been minimal compliance with a basic level of environmental review. The level of public improvements proposed, and the resulting private improvements of properties within and adjacent to the district will have an obvious significant impact on the environment. Without full environmental review and public discussion of this proposal, an informed decision cannot be reached and potential impacts cannot be considered. In this same regard, it appears that the public and private improvements contemplated 6y this proposal are not consistent with the traffic, land-use, and growth elements of the General Plan for the City of Rancho Cucamonga. There also exist certain inconsistencies with the Redevelopment Plan 1l5 O~iVERr STOEVE R, BARR & VOSE The Honorable Mayor and city Councilmembers city of Rancho Cucamonga November 4, 1991 Page 2. adopted for portions of the area which are within the proposed District. This proposed District constitutes an unlawful taking of property without just compensation. As proposed, the District contemplates the acquisition (by eminent domain) of property currently owned by the Pierotti Family. The need for this acquisition is for public right-of-way and redevelopment purposes. This would require our clients to pay for a portion of the acquisition of their own property when the alleged purpose of the acquisition is for the benefit of the public. Furthermore, the commitment to acquire and condemn property as part of the creation of this district is in direct violation of the state Eminent Domain Procedures and the requirement for fair and unbiased hearings prior to any decision to acquire property. Of greatest concern is the manner in which this District is being proposed to the detriment of a majority of the landowners. Evidence submitted to date suggests that the City Council has predetermined the decision and the public hearing is a mere sham attempt to comply with legal requirements. The District boundaries have clearly been unconstitutionally gerrymandered to manipulate unfairly the outcome of any election. Properties which will be directly benefitted by the proposed improvements have been eliminated from the District solely because they are residential in nature or include registered voters that would vote against this proposal and any council candidate supportive of it. Knowing that a city wide election or an election with a large portion of homeowners would fail, the city has created boundary lines which fail to include the significant areas of the city which will benefit from this massive level of public improvements, apparently only to satisfy the three major property owners that require the public improvements in order to construct their private improvements. The manner in which benefit is assessed is inconsistent with proper benefit assessment practice. For example, the Pierotti family property, which does not require these public improvements in order to develop their land, is required to pay hundreds of thousands of dollars which flow directly to the benefit of three major landowners. These landowners have proposals pending before the city that will generate sufficient /~~ OIIV ER, STOEVER, BARR 6 VOSE The Honorable Mayor and City Councilmembers City of Rancho Cucamonga November 4, 1991 Page 3. local taxes to pay for the construction of these public improvements without the necessity of the proposed District. The Pierotti family, along with other property owners, are included in the proposed district only to help soften the financial burden to these speculative developers. This proposed district will decrease the land value of our client's property (due to the unreasonable assessment burden) and place a severe economic hardship upon non-developing landowners. Clearly, the intent must be to force ovr clients to sell their property at a discounted price or reduce market valve in anticipation of possible condemnation for Redevelopment purposes. It is respectfully requested that the city council reconsider its commitment to proceed with this proposed district and require the speculative development to proceed and finance their infrastructure improvements without including non-participating property owners. The size of this bond issue will have a severe impact upon the bonding capacity of the City of Rancho Cucamonga and its standing as a progressive local government. Thank you for your consideration and we are available to discuss alternatives to the Community Facilities District No. 91-1 at your convenience. Very truly yours, ~~~ Charles S. Vose of OLIVER, STOEVER, BARR & VOSE CSV:ilf fi593 I I RF.SOLUTiON N0. ~ -Ja~ ' RESOLUTION OF' THE CITY COUNCIL OF CITY OF RANCHO CUCAMONCA ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 91-1 (VFCTORIA COMMUNITY), AUTHORIZING THE: LEVY OE' A S pE:C IAL TAX WITHIN COh1.MUN[TY FACII~ST[ES DISTRICT NO. 91-1 (VICTORIA COMN'l~NITY) AND CALLING AN ELECTION WHEREAS, the City Council of Ciry of Rancho Cucar~~ng, (the "City Council") has heretofore adu pt eel Res'il ution No. 91-271 stating its intention t~r form Cn rvr unity Facilities Pisteict No. 91-1 (VicLOrin Community) of Cify of Rancho Cucamonga ("Cnmmuni Gy F'acilitian District N<,. 9L-1 (Victoria Community)" or th, "District") pu r.<uanr to Lhc Mello-Roos Commu ^i ty F'a~-i li ties Act of 7982, as amended (tho "Act"); an~9 WHE'.RFAS, a copy of Resolution No. 91-277, setting forth a description of the proposed bou ndaries of Community F'acilit ies District No. 91-1 (Victoria Co mnwnity) by reference to a map, the facilities (the "E'acilitie>") to he provided, the cost of providing such Facilities, and the rate and method of appo rtion n.ent of the special tax pronosed to be levied within t hc: District is on file with the City Clerk and is incorporated herein by reference; and WHh:R P,AS, notice was published as required by law relative. to the intention of the City Council to Eorm pro pnecrl Communiry F'ac ilities District No. 91-1 (Victoria Community), to levy a special tax and to incur bonded indebtedness in the. amount of $~~5,000,000 within the boundaries of proposed Community E'aciliti e.^, District No. 91-1 (Victoria Community); an+1 WfI P'.R E:AS, on Nov e;nbci 6, ]991, November 20, 1991 and December 4, 1991, this City Council held a noticr•rl public hearing as required by law relat ivc to the proposed formation Of Community Facilities Distrir. t. No. 91-1 (Vir,tn ria Communify), tho levy of the special tax therein and the issusncr~ of bonded i ndebt rlnea:; by the District; and WH hIR FAS, prior to the noticed public hearing Chore wa.: filed wirh 1. 'cis City Council a map designzta:d "Amended R~r.mdar lcs of Community Facilities District. No. 91.-1 (Victoria clrnrmuniiy)" which map alters the extorior boundaries of the Pistriri to includr~ less territory than that. described in thr. nui ice nC Lhu hearing; and WHf~.R E,AS, prior to such public hearing there wav zlsu fi 1«~rl wi~.h this City Council a ccporl (the "Repu rl") enn~aininy a d~~sriiptiun n( the Facilities neCrSSaiy to meet the n~~~rl, ~~f // Q th, Ois'.ricr. and an estima[e of the cost of. such Facili*_ies ,-,. required by Section 53321.5 of the Government Code; and wHF:R 1(AS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of Coin:^unity Facilities District Ne. 91-1 (Victoria Corununi[y), [he levy oi~ Lhe special tax and the issuance of bonded indebt ech,ess were heard and a full and fair heariny was held; and WHDkFAS, at the public hearing evidence was pi esen!ec7 Co the City Ccur~cil on the matters befe re it, and 'he proposed special taz to he levied within Lhe District was not pleclurl e ~l by majority protest, ana this City Council at the conclusi~,n ~.f Lhe hearing is fully advised as to all matters relating to the formatior• oC the nistrlr~r, the le~+y of the special tax dnd the issuance of bonde ri inde bredneys therein; N041, THhRF',FOR E', the City Council of City of Rancho Cucamonga iJO la HF:R E'.HV RESOLVE„ DF.'I'EHMINF: AND ORUFR as follows: Section L. Each of, the above recitals is true and correct. Seel i~rn J A community facilities district to be design aEer7 "CO~~~~rnnnity Facilities District No. 91-1 (Victoria Co n!munity) of the Ci[y of Rancho Cucamonga" is hereby establisher) pursuant to the Act. The City Council hereby finds and dcte nnines that all prior proceedings taken with respoct to Lhe c,:Gablis}Jm;:nt of the District were valid and in conformity with the: re.ry ~rri re n'~e nts of law, inc ludiuy the Ac[. This finding is madra in accordance with the provisions of Sec t.ion 53315.1 of the Gnvnrnmcnt. Code. Section 3. The boundaries of Community Facilities District No. 91-1 (Victoria Co mrouniLy) are established as shown on the Inap designaY_ed Amended Boundaries of Community Pact cities District No. 91-1 (Victoria Community)" (the "Arco nd eel Boundary Map"). The Amended Boundary Map shall supersede the certain map enti[led "Boundaries of Community F'aciliti rs District No. 91-1 (Victoria Community)", which map is on file. i Lhe office of the City Clerk and which map is tern riled in the: County of San Bernardino Book of Maps and Asse ssmen!s and Community Facilities Districts in the County Recorder's Ofl ir.o, Book No. 69, Page No. 31-33. Section 9. Thr_ Facilities authorized to bn providrl for Co;nu~,nity [•'acilities District No. 91-1 (Victoria Corrn~uniLy) arc to (inanc'~ LhC COStS of planning, designing, roost nic t.ing, acquiring, modifyi.ny, imprnviny or rehabilitating cerl.ain real and other tan9ihle property with 2n estimated useful life of five years or long r_r, consisting of air taco public. facilitier; to be ownod, o;~c rated and maintaincrl by Lhe City of Ra nr'h~~ 11/1N/91 4 / 9 raalr~~a',az~nu~ C~rc ~isonga o! other appropriate public agencies (the "Facilities"), all as desc r bed in Resolution No. 91-277 and the Re p~.>rt. The Uistrict is authorized either to contt ra c' ~';. acquire the Facilities in accordance with the Act. Secrirn 5. F'xcept where funds are otherwise available, it is the intention of the City Council, subject to the approval of the landowners as the eligible voters of Che District, to levy the proposed special tax at the rates set forth in F.xhibi t'A'hereto on all non-exempt grope try within the District sufEic Tent to pay (i) the Facilities (including incidental expenses for the design, planning, engineering and inspection of the Facilities), (ii) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities, including replenishment of a reserve fund and u•c arketing, credit enhancement and liquidity facility fcea (including such fees for instru meat; which serve as the basis of a reserve fund in lieu of cash), (iii) the costs of forming the District and adnii nisteri nn the lesy and collect.ion of the special tax and all other administrative costs of the special tax Levy and bond issue. The District expects to incur, and in certain cases has already incurred, incidental expenses in cnnnerl ion with the planning and designing of the Facilities, Lhe• cren!ion of the District, the issuance of bonds, the levyiny and collecting of the special tax, the coinplet ion and inspection of the Facilities and the annual adn~~.i ni stration of thr bonds ar.d the District. The rate and method of apportinny ~~nt of the special tax is described in detail on F:xhlhit "A" attached hereto and incorporated herein by Chis reference, and the City Council hereby Finds that Exhibit "A" contains Sufficient detail to allow each landowner or resident within the District to estimate the maximum amount that he or she will have Co pay. The special tax is based on (~¢ the cost of making the Facilities available to each parcel oC real property within Community Facilities District No. 9]-1 (Victoria Community). The special tax is apportioned to each parcel on the foregoing bases pursuant to Sr, c.tion 53325.3 of Lhe Gover n:•~!ent Code and such special tax is nnE on or based upon the ownership oP real property. The Director of Finance, City of Rancho Cucamonga, ]0;00 Civic Center Drive, Rancho Cucamonga, California 9178, telephone nun!her (71r1) 789-1851, will be responsible fnr preparing, nr a~.!t hnrizinq a designee to prepare, the roll of special tax levy obligations by assessor's parcel number if amyl as sur.h roil bocoine; necessary. Section 6. In Che event that a portion of Lhe p n,pe rt.y within Community Facilities Uistrict No. 91-1 (Victoria Cn m:nuni ty) shall become fnr any reason exempt, wholly or partially, Erom the levy of the special tax specifier) on F'.ahi bit "A", the City Council shall, on behalf of Co mincnity P'ariliti c; District No. 91-1 (Victoria Commm~i r.y), increase tPiu 11/18/91 /C7 `~ 78GIn/768}/002 -3 levy to the extent necessary and permitted by law and these proceedings upon the remai r,i nq property within Community Facilities District No. 91-1 (Victoria Community) which is not deiinquent or exempt in order to yield the required debt service payments on any outstanding bonds of the District or to prevent the District from defaulting on any of its other obligations or liabilities. The amount of the special tax ~n~i 11 be set in accordance with the rate and method of apportionc~~,e n! of the special tax attached hereto as Exhibit A. Section 7. Upon recordation of a notice of spectal tax lien pu rsuanC to Section 3114.5 of Che Streets and Highways Code, a continuing lien to secure each levy of the special tax sha 11 attach to all nun-ex e;npC reel property in the DistricC and this lien shall continue in force and effect until the special tax obligation is prepaid and perms nenCly satisfied acrd the lien canceled in accordance with law or until collection of the tax by the District ceases. Section 8. The City Council finds that the proposer) Facilities are necessary to meet the int. teased demand put upon the City of Ranr_ho Cucamonga as a result oC new development projected within Community Facilities District No. 91-1 (victoria Community). Section 9. It. is hereby further determined that there is no ad valorem property tax currently being levied on property within proposed Community Facilities District No. 91-1 (Victoria Community) for the exclusive purpose of paying the principal of or interest on bonds or other indebtedness incurred to finance the construction of capital facilities which provide the san r. services to the territory of Corm,,^.unity P'acilitie; Uisl.rict No. 91-1 (Victoria Community) as are proposed to he provir7ed 6y the capital Facilities to be Eina nixed sort acquired or consttur_ted by Community Facilities District No. 91-1 (Victoria Community). Section 10. Writton protests have not been filed against eithor the establishm~r:nt of the District or the furnishing of the speci[ied types of Facilities or both, by either (a) the properly owners of one-half (1/7.) or more of the area of lanr] within Community Facilities Dist.r ict No. 91-1 (Victoria Cnr,~~r,runity) which is not exempC Erom the special tax or (h) fifty percent (50%) or more of the? registered voters, nr six (6) registered voters, whichever is more, residing with the territory pro p~~sed to 6e included within the District. Section 1t. The special tax proposed to be levied ir, thr~ District to pay fur the proposed Facilities has not be en prote•s terl by either (a) rho owner.^, of one-half (1/2) or more of the area n( land within the Community Facilities District. No. 71-] (Vicl,nria Community) which is not exempt from the special tax or (b) fif Ly pr, rent (50$) or more oC the regislo red 71/IR/91 ~~ / 7Hnln/2011 i/Opd voters, or six (6) registered voters, whichever is more, residing with Che territories proposed to he included wi t'n in the District. Section 12. The Facilities, the bond payments and expenses and any necessary reserve Funds, proposed to be funded with the special tax are described in Sections 4 and 5 of this resolution. Section 13. A special mailed ballot election is hereby called Eor Community Facilities District No. 91-1 (Victoria Community) on the propositions of levying the special tax on the property within Community Facilities District No. 91-1 (Victoria Community) and establishing an appropriations limit Eor the District pursuant to Section 53325.7 of the Governrne:; 1. Code and shall be consolidated with the election on the proposition of incurring bonded indebtedness, pursuant to Section 53351 of the Government Cod r•. Tho proposed propositions relative to incurriny lode b!edness in the maximum, principal aygregat o. amou rah of $55,000,000, authorizing the levy of Che special tax, which are combined into one bailor. p roposilion and the' proposition establishing an appropriations limit, are attached hereto as ExhibiC "F3". Section 14. The date oC the special mailed ballot election for Community Facilities District No. 91-1 (Victoria Community) on the proposition of incurriny the bonded indebtedness, authorizing the levy of the spe r. ial tax and establishing an appropriations limit for the District shall be on the 3rd day of March, 1992. The City Clerk of the City of Rancho Cucamonya is hereby authorized and requested to conduct the e]ecl:ion. Section 15. It is hereby Found that there are less than 12 registered voters within the territory of proposed Community F'aciiiCies District Nn. 9i-1 (Victoria Community) and have boon less than 12 such reyisleced voters in the District during the 90 days preceding the pcoLost hearing held by this City Council. Therefore, pursuant to Section 53326 oC the Government Code, each landowner wit tin the District who is the owner of record on the date hereof or the authorizorl represe nl; alive thereof. shall be the qualified elecCO rs oC the Distrir.L and shall have one vole for each acre oz po rLion thereof that Aye or she owns within Community Facilities Uistriot No. 97-I (Victoria Community). Section 16. The preparation of the Report is hereby ra!ifi crl. Thr: Report., as submitted, is hereby approved and is mad~• a part, of the record o[ the public hearing reya rdiny the fn nn~i!.i nn n( Community Facilities District No. 91-1 (Victoria Camino oily), and is orderer] to be kepC on file with the tra n:;cripr- of these proceedings anti open f.or public inspect.ion. ll/1H/91 /~~ 7y61u/)hN 3/f102 -> Section 17. The City Clerk is hereby directe3 to cause the Amended Houndacy Map to be recorded in the Office of the County Recorder of the County of San Bernardino within ten (10) days of the adoption of this resolution. PASSED AND ADOPTED by the City Council of the City of Rancho Cucamonga of San Bernardino County, California, this ____ day of December, 1991, by the following vote: AYES: NOES: ABSENT: 11/18/91 ~~~ 7861u /?683/OU7 51'AT'E OF CALIFORNIA ) ss. COUNTY OF SAN BERNARD[NO ) I, Debra Adams, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing is a full, true and correct copy of a resolution passed and adopted by the City Council at its regularly called and conducted meeting held on said date. City Clerk of the City of Rancho Cucamonga 11/16/9l ~~~ 7861n/26ft3/002 -7 Revised November 20,1991 EXHDiTf D RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACII.TTIES DISTRICT NO. 91.1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, the "Special Tax(es)" (defined below), shag be applicable to each Parcel (defined below) located in Community Facilities District No. 9t-1 (Victoria Community) of the City of Rancho Cucamonga (hereinafter "CFD No. 91-1"). The amours[ of Special Tax m be collected from each Parcel in any Fiscal Year (defined bebw) shall be delttrrined by the City Couacil of the City of Rancho Cucamonga (hereimfter the "Council" and the "City'7, acting in its capaa:ity as the legisladve body of CFD No. 91-1, in acctndance with the rate and method of apportionment described below. All of the prnperty in CFD No. 91-1 unless exempted by law or Section F below, shall be taxed for the proposes, m the extent, and m the toanner provided herein. DEFINITIONS "Assessor's Pared Map" means an official map of the County Assessor of the County of San Bernardino designating Parcels by Assessor's Pamel Number. "Alternate Special Tax Rate" for Developed Property which is Residential Property means that amomt of tax computed by multiplying the number of Ne[ Taxable Acres contained within a final subdivision map, parcel map, rR functionally equivalent map or instntment by the applicable Alternate Special Tax Rate as specified vt Table 1 below. The resulting product is then divided by the number of Parcels (in the case of single family residential dwelling units or condominium or other mufti-family dwelling units where only one dwelling unit is located within a Parceq or dwelling units contained in said map. The resulting quotient is the Alternate Special Tax Rate for each Petrel or dwelling unit created by said final subdivision tnap, parcel map, or functionally equivalent map or insttvrnent. 91-162/ExhibitD D-I ~~~ Revised November 20, J991 For Developed Property which is Nat-Residential Ptopetty, the Alternaa Special Tax Rate shall be the amount per Net Taxable Atxe as specified in Tabk I below. "Assigned Spedal Tax Rate" meets the applicable Special Tax per Parcel based on the applicable rate per dwelling unit or NU Taxable Acre as specified in Table 1 below. "Developed Property" means, as of July 1 of any Fiscal Year, all Parcels for which a final subdivision map, parcel map or functionally equivalent map a inswment treating lots or parcels upon which residential units may be conswcted or creating lots or parcels for commercial a~ itdusl[ial development has been retarded prior m March 1 of the ptecedirtg Fiscal Year. "Exempt Property" means arty Partxt or outer property witititt (~D No. 91-I described in Section F which is exempt from the levy of the Specie! Tax. "Fiscal Year" means the period starting on July 1 of any year and ending the following June. 30. "Maximum Special Tax" for a Parcel of Developed Property, means the greater of tM Assigned Special Tax Rate or the Altemadve Special Tax Rate applicable m such Parcel. Maximum Special Tax for a Parcel of Undeveloped Property, means the Assigned Special Tax Rate applicable to such Parcel as set forth N Table 1 below. "Net Taxable Acre" means an acre of Developed Property ttt Undeveloped Property, exclusive of property exempted by law or the provisions of Section F below from the Special Tax; [he acreage calculation for Developed Property will be based on the dimensions as shown on or calculated from the recorded fetal subdivision map, parcel 91-t62/ExhibitD D-2 ~a Revised November 20, 1991 map. a functionally equivalent map a instrtment; the acreage calculation fa Undeveloped Property shell be the acreage shown oa a calculated Cmm the Assessoi s Parcel Map. "Rnidential Property" means those Parcels upon which residential units may build. "Series A Bonds" means those hoods issued by CPD No. 1 m fund domestic water improvements, sanitary sewer improvements. mad improvements, flood control and storm drain improvemwts, utility improvements, andright-of-way acquisition. "Seriev B Bonds" means those bonds issued by CFD No. 1 m fund construction of the I.altes Pant in the Village of Victoria Lakes. "Non-Residential Property" means those Paroeis which are not classified as Residential Property a Exempt Property. "Parcel" means a lot a parcel shown on an Assessor's Parcel Map with an assigned Assessor's Patrol number as of the date of the levy of the Special Taxes fa each Fiscal Year. "Special Tax Requirement • A" moans that amount required to be collected from Tax Rate Zones I through IS in any Fiscal Year m pay: (1) debt service on aU Series A $onds or other indebtedness of CFD No. 91.1 rotated to the improvemenm as described in the definition of the Series A Bonds, (2) costs incurred by the City and (FD No. 91-1 in the annual Ievy and collection of the Special Taxes related to the Series A Bonds, (3) other reasonable costs of CFD No. 91-1 related to the administration of the Series A Bonds, and (4) any amounts required m roplenish any reserve funds umbhshed in association with the 91-162lExhibit D D-3 ~~ 7 Revised November 20,1991 Series A Bonds. In calculadng the Special Tax Requitement - A for a Fiscal Year items (1) through (4) shall be rKt of bond reserve earnings and other interest earnings described in the bond resolution for the Series A Bonds reasonably expected m be available, except arose earnings that may be required for rebate purposes. "Special Tax Requirement - B" means that amount required to be coBxred from Tax Rate Zone 16 in any Fiscal Year m pay: (1) debt service on all Series B Bonds or other indebtedness of t~D Na 91-t [elated to improvements described in the defmidon of the Series B Bonds. (2) cosu incurred by the Gty and CFD No. 91-1 in the amual levy and wRection of the Special Taxes telatod m tlx Series B Bonds. (3) other reasonable costs of CFD No. 9t-I mated m the administndon of the Series B Bonds, end (4) any amounts required to replenish any reserve funds established in essociadon with the Series B Bonds issued and sold for CFD No. 91-1. In calculating the Special Tax Requirement for a Fiscal Year, items (1) through (4) shall be net of bond reserve earnings and other invest tamings described in the bond resolution for the Series B Bonds reasonably expected to be available, except those earnings that may 6e required far rebate purpoxs. "Special Tax(es)" means the Special Tax m be levied in each Fiscal Yeaz on all Parcels m fund either the Special Tex Requirement - A or rho Special Tax Regr>•+c•^-^t - B. "Taxable Property" means all Parcels in CFD No. 91-1 which are not exempt from the levy of Special Taxes pursuan[ ro law or Section F below. "Tax Rate Zone" means any of the sixteen (l~ Tax Rate lanes listed in Table 1 hereof to which a Parcel is assigned as a tesdt of its location on the Tex Rate Zone Map included as Figure 1. 9t-162/ExhibitD D,4 ~~ Revised November 20,1991 "Undeveloped Property" means all Parcels in CFD No. 91-1 which ate not classified as Devebped Ptopcty m Exempt Ptopaty. "Victoria Community Pltm" meaos the Victoria Community Ptan of the City of Rancho Cucamonga adopued by the City Council on May 211,1981 as may be substqurndy modi5ed, supplemented or amended. "Victoria Lakes" means the Village of Victoria Lakes as shown in the Victoria Community Plan. "Victoria Windrows" means the Village of Victoria Windrows as shown in the Victoria Community Plan. B . ASSIGNMENT TO TAX RATE ZONE For purposes of determirdng the applicable Maximum Special Tax as specified ie Table 1 in Section D below, all Taxable Property shall be assigned to one of the Tax Rate Zones pursuant to Figure 1. C. ASSIGNMENT TO TAX CLASS For each Fiscal Year, all Parcels within CFT) No. i shall be classified either as Developed Property, Undeveloped Property, or Exempt Property. Additionally, each Parcel of 1veloped Property within Tax Rate Zones t and 4 shall be assigned to a Tax Class within such Tax Rate Zone depending upon its density calculated by dividing the number of Parcels or dwelling units in the recorded subdivision map, parcel map, or functionally equivalent map or instrument in which the Parcel is included by the Net Taxable Acres as 91-162/ExhibitD D-5 ~~'~ Revised November l0, 1991 contained therein and shall be subject to the levy of the Special Tax in acemdana with the rotes and method of apportionment set forth is Sections D and E below. D. MAXIMUM SPECIAL TAX RATES The Maximum Special Tax for Parcels within each Tax Rate Zone fm each Fiscal Year fm Developed Property shall be the greater of the Assigned Special Tax Rate m the Alternate Special Tax Rate, and for Undeveloped Property shall be the Assigned Special Tax Rate all as set forth in Table 1 below. If Developed Pmptnty which is Residential Property has ban subdivided and/or developed so as to result in a density which does not fall within any of the Tax Classes defined fm any Tax Rate Zones set forth in Table 1, the Assigned Special Tax Rate fm each Parcel or unit within such final subdivision map, parcel map, or functionally equivalent map or instrument shall be the greater amour[ of the applicable Assigned Special Tax Rate se[ forth N Table 1 m the amount czlculated using the applicable Altemate Special Tax Rate set forth in Table I. If the land use of a Pawl within any givrn Tax Rate Zone changes Crom the applicable land use shown on Table 1, the Assigned Special Tax Rate for such Parcel shall be the Altemate Special Tax Rate, which would have been applicable to such Parcet had its land use not changed. 91-162/ExhibitD p{ 13~ Y O U Z a ., w m F a a a a c a u a a< u u u u u u u u ~ a ~ ~ F F F F m F F F ~F z"z z z z z z z z . °o i ~. ~. .~. r . f p O: N M M a p H K W H p p m 41 ~ V1 N ~ H ~ ~ ~ ~ ~ a . ~ . 6 ~ •~ r V ~ Y ~ a N ~ a M a p h ~; ~ ~ @ y; g ~ ;~ g .° _°F m ~ K ~ F ~F ~f vF ~ p ~ by Y N nF H ` N HT } T H Z Z N N W N H N /. z HZ . H , N~ H I U 0 6 U 6 U 6 U 4 U a ~ ~ ~ O ~ A 7 A 7 A ~ ~ ~~ ~ Q a ? ~ o a rn ~ o a La a o ~3 dd d d d d '~" a oo c ro v a d ~ Q ~ ~ •a 9 •a 5 .+~~ a a aa ~ a ~a $ ~ ~~ ~ ; 3 3 g S °~ g ' $ & ~ ~ $ S' ~ a B _ ° yg '~ ~ ~ e '> ~ > ~ m ~ ~ m a ~ a ~ a > a H~ aw U Ga w w a w a as a w a m ~$1 _• N In :L d Vl lV H U T l3 I ~_, z V .; 4: .~ V yu F G 4 a a u a u ~ u a F z ~ z ~ ~. ~ o ~ H H ~ ~pp V1 a a ~ ~ ~ ~ . ~ ~~ '~ ~ Y x ~F q M bF NF v N z ~ . » ~ Hz H 7 a < a a a A 0 0 0 ry N N a a a d d u a ~ a a m a co a m G G Y3 a 6 6 u u v a a ~ a F F + z z z ~ ~. ~ h e n a O ~ N N a a a a ~ NF ~OF '~^F ~F ?F Hz a ~z r » n hz e hz Hz v a a d N ~ C ~ a C a 6 cC 6 m 4 W ~I h I`O I l~ I00 (O. (O 13x- 0.8 a ~i '~ z B g 3 u a m F & ~ a~ a u a u a u ~a ~ F a ~ ~ F ~F z z z a ~ ~ ~ m "' ~ 8 h ~ 6'f ~E3 a 6 ~ 6 0.~ Na a ~ ~ ~ ~ ~ ~ .°pF ~ NF ~ $F ~ ~F ~ ~F g F i 'q +F a Viz" »z Hz ~~ 0 »z h »7 ~ ~ ~ ~ ~ 'b 'ate o ~ '5 S > ~ S ~ F~ a m a w a w ~`~I ~ ~ a a u F F z z ~, ~i s ~ ~. °° ~ YY a ~~ ~ ~ ~ . aF z ~F z l F » H « z S a u m F z" H y~ k u x. SAO ~ m v ?F ~~ ~z OL G ; ~ ~ a a ~ a as l a m l a ro J33 D-9 Revised November 20, 1991 E. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES 1. Method of Apportionment of Special Taxes for Special Taa Requirement - A On or prior to August 1 of each Fiscal Year or such other date as may be established by law, the Council shall detertnitre Special Tax Requirement - A for such Fiscal Year and shall levy the Special Taxes as follows: Stec l; The Special Taxes shall be levied on aLL Panxls of Developed Property in Tax Rate Zones 1 through 15 at 100 percent of the Assigned Special Tax Rate; however, if this amount exceeds Special Tax Requirement - A, the levy of Special Taxes on all Parcels of Developed Property shall be proportionally decreased until the revenues produced thereby will be equal m Special Tax Requirwren[ - A. S[eo 2: If the revenues which may 6e produttd by levying the Special Tax pursuant to Step I are less than Special Tax Requirement - A, the Special Taxes shall be levied proportionally on all Parcels of Undeveloped Property in Tax Rate Zones 1 through 1 S up to 100 percent of the Assigned Special Tax Rate to produce aggregate revenues equal m Special Tax Requiement - A. SteT3: If the revenues which may be produced by levying the Special Tax pursuan[ to Steps 1 and 2 ate less than the Special Tax Requitement - A, the Special Taxes shall be levied proponionally on all Parcels of Developed Property up to 100% of the Alternate Special Tax Rate m produce revrnues equal to the Special Tax Requiremrnt - A. 91-L62lExhibit D D•10 ~,3 Revised November 20, 1991 Z. Method of Apportionment of Special Taxes for Special Tax Requirement - B On or prior to August 1 of each Fiscal Year ar such other date as may be established by law, the t^ouncii shall determine Special Tax Requirement - B for such Fiscal Year and shall levy We Special Taxes as follows: Stec 1: The Spocial Taxes shall be levied on all Farces of Dcveloped Ptopaty in Tax Race Zone 16 at 1110 percent of the Assigned Special Tax Rate; however, if this amount exceeds Special Tax Requirement - B, the levy of Special Taxes on all Parcels of Developed Property shag be proportionally decreased until the revenues produced thereby wiB be equal to Sptcial Tax Requiremen[ - B. Ste° 2: If the revenues which may be produced by levying the Special Tax pursuant to Step 1 an less than Special Tax Requirement - B, Ne Special Taxes shall be levied proportionally on all Parcels of Undeveloped Property in Tax Raze Zone 16 up to 100 percent of the Assigned Special Tax Rate to produce aggregate revenues equal to Special Tax Requitement - B. t n If the revenues which may be produced by levying the Special Tax pursuan[ to Sups 1 and 2 are less than the Special Tax Requitement - B, the Special Taxes shall be levied proportionally on all Parcels of Developed Property up to 100% of the Alternate Special Tax Rate to prodrrce menues equal m the Special Tax Requirement - B. 91-162/ExhibitD D-11 ~~~.J Revised November 20, 199! F. EXEMPTIONS The Board shall not lery a Special Tax on the following properties which may as of the date of formation of CFD No. 91-1 be: • Pmpetties owned by state, federal, or othu local governments, except as otherwise provided in Section 53317.3 of the Government Cade; • Property within CH'D No. 1 which is dedicated fm the purposes of consWCting CFD funded toad facilities; • Approximately 25 aces of property within CFD No. 1 which are to be dedicated to the City for the Iake Park within the Village of Victoria lakes; • Property within CFD No. 1 m be dedicated to or owned by the Southern California Edison Company, the use of which is limited to utility purposes. • Those Parcels at entry ways and along perirceter areas used for landscaping which are dedicated m and maintained by the City. Parcels or por[ion of Parcels conveyed or irrevocably offend for dedication to a public agency after formation of CFD No. 9t•1, and not otherwise exempt ptvsuant to this Section F, shall be subject to Ne Iery of the Special Taxes pursuant to Section 53317.3 or Section 53317.5 of the Government Code and shall be assigned a Tax Rate pursuant to Section B. 91-162/ExhibitD D-l2 /~ Revised November 20, 1991 C. MANNER OF COLLECTION Except for the prryayment of Special Taxes as provided for herein, the Special Taxes shag be collected in the same meaner and az the same time as ad valorem property taxes, provided; however, that the City Council may authorize the rnllection of delinquent Special Taxes by judicial foreclosure proceedings pttrsuant m Section 53356.1 of the Government Code. H. PAYOFF OF SPECIAL TAXES 1. t'n•~AVment of Son^al T :a for T R r ~ t h tit c The owner of any Parcel within Tax Rate Zones 1 through 15 may discharge the Special Tax obligation applicable to such Parcel in whole or yr pan at any time by malting a orre-time payment calculated as follows: (a) Compute the present value of the Parcel's remaining payments of the Maximum Special Tax at the weighted average yield on Series A Bonds issued for CFD No. 91-1. (b) Multiply (a) above by the proposed prepayment percentage to determine the prepayment amount. (c) Add the following amounts to (b) above: • Call pranium as tequirod m the band instrument. and • Interest on (b) az the applicable bond rote for each year from the date of prepayment. ff any, to the earliest available bond call date. (d) Subtract the folowing amount from (c) above: • The applicable portion of the Parcels pro rata share of the bond reserve fund of the Series A Bonds issued for CFD No. 91-1. 91-I62/ExhibitD I>-13 ~ •~7 Revised November 20, 1991 (e) Subtract the following amount 5tmr (d) above: • Interest earnings to be generated at a reinvestment mte as determined by CFD No. 91-1 from the date of prepayment to the earliest available bond call dau. (t) Add the following amounts to (e) above to determine the Parcels prepayment amount: Unpaid Special Taxes which may have been enrolled on the Assessor's tax ro0; • Interest and penalties, if applicable, which may be associated with unpaid Special Taxes; and • An administrative fee to cover the costs incurred by CFD No. 91-1 associated with calculating the amount of prepayment, redeeming bonds, and preparing amended tax bills. The Maximum Special Taxes as set fonh in Section D for a Parcel utilizing a prepayment pcrcenage less than 10096 shall be reduced in subsequent Fiscal Years by multiplying the Maximum Special Tax by the prepayment percentage actually used in Section H.I (b). An owner may also prepay and discharge a portion of the Special Tax obligation applicable to a Parcel by dedicating right-of-way, the application of which would otherwise be financed by CFD No. 91-I, so long as such dedication is consummated prior to such deadline as may be estabhshed by the City Council. 2. t'r*++avment of Soeci ITa.* for Ta R r 7 16 The owner of any Parcel within Tax Rate Zonc 16 must discharge the Special Tax obligation applicable to such Parcel in full through the prepayment of rho Special Tax 91-162/ExhibitD D•I4 ~3 Revised Novembtr 20, 1991 per lot or unit as a precaodition ro Ure issuance of a building permit for such Parcel. The amount of the prepayment shall be calculetad as follows: (a) Determine the rcpt n:maining bond principal outstanding for Series B Bonds. (b) Subtract Crom (a) above the the total remaining borM reserve fund for the Series B Bonds. (c) Divide the result of (b) above by the total remaining planed residential lots or units in Tax Rate Zone 16, including the units for which this calculation is being performed. (d) Subtract the following amount from (c) above: • interest esmings m be generated at a reinvestment rate as determined by CFD No. 91-1 from the date of prepayment m the earliest available bond call date. (e) Add the following amounts to (d) above to determine the Panel's prepayment amalnL• • Call premium as required in the bond instrument, • Interes[ on (v) at the applicable bond rate from the date of prepayment m the earliest available bond call date, • Unpaid Special Taxes which may have been enrolled on the Assessors tax roll, ' • Interest and penalties, if applicable, which may be associated with unpaid Special Taxes, and • An administrative fee to cover the costs incurred by CFD No. 91-1 associated with calculating the amount of prepayment, redeeming bonds, and preparing amended tax bills. 91-162JExhibitD D-IS /•-1 / i m ~ ~. °z ~ o ~ !A U ~ Wa e e ~~ z°'~ ~ z o rn ~ ~ mWsb w~~~ °zc'F~ w~~: ~ ?~ a~"~ z ~ ~ o e U u ~ tBqe~ ~~~ g°s ~r~ d ~~"~So~~~ ^ xk iF ~ ~sal tl pp OI a 5 Y! ~O~~x // i , 4~^,~ t ii ~ ~ ~O ~ ~ ~ xF ~f r- s§b ~ 8 ~S: c ~ ~ ~~ ~~ a ~~ g 9 -. a ~ ~ ~ yy~s ~ 3~ i~~ ,. a as ~~ b 3a 9 eI t6 dp $~asn~~ ~ g _~~J y ~ ~ ~~.I~ Y - ; ~~ /~D SENT BY: q. R. 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I ~ ~ ,I j ~ b f•~ I I I II i~ ~~ ~_ Z91'16'0'M ~,© 6XH[BIT B OFFICIAL_BALLOT COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITX) OF CITY OF RANCHO CUCAMONGA SPECIAL BOND, SPECIAL TAX AND APPROPRIATIONS LIMTT ELFICTION March 3, 1992 You are entitled to casC ___ ___„ votes. To vote, stamp a cross (+) in the voting square of t.er the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION N0. A; Shall Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga (the "District") incur an indebtedness and issue bonds in the maximum aggregate principal amount of $55,000,000, with interest at a rate oc rates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the consteuction, pu rohase, modification, expansion, improvement. or rehabilitation of public facilities to be owned, operated and maintained by either the City of Rancho Cucamonga or other appropriate public agencies (collectively, the "Facilities"), as provided in Resolution No. 91-277 of the City Council of the City of Rancho Cuc x~nonga, and shall a special tax with a rate and rate and method of apportionment as provided in the Resolution of the City Council ~- ~~-YES ~ -- ~__.- NO .. _ __ 7B61u/26ft3/OU2 ~B{I-1 ~~ 1 of the City of Rancho Cn r.amo nga establishing the District, adopted on November 6, 1991 be levied to pay for the Facilities, Eor the creation or replenishment of any necessary reserve funds, Eor any incidental expenses of the District, any expenses associated with the Facilities or the bonds, and for the payment of the principal of and interest on such bonds? PROPOSITION N0. B: For each year commencing with fiscal year 1991/92, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B Y8S of the California Constitution, for Community __ _____ _____ Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga NO be an amount equal to $55,000,000.00? 7861u/2683/002 ~Hf 7_ f .1J RESOLUTION NO. 9/-37~j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCFIO CUCAMONGA DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT OF $55,000,000 WITHIN COMMUNITY FACILITLF.S DISTRICT N0. 91-1 (VICTORIA COMMUNITY) OF' THF, CITY OF RANCHO CUCAMONGA AND CALLING AN ELECTION WHEREAS, the City Council of the City Of Rancho Cucamonga (the "City Council") adopted Resolution No. 91-277 stating its intention to form Community Facilities District No. 91-1 (Victoria community), of the City of Rancho Cucamonga ("Community Facilities District No. 91-I (Victoria Cortununity)" or the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHF:R F;AS, the City C~~u Heil also adopted Resolution No. 91-278 stating its intention to incur bonded indebtedness in the amount of $55,000,000 within pi~~p~reed Community Facilities District No. 91-1 (Victoria Communlty) to finance the costs of planning, designing, const[ucting, acquiring, modifying, improving or rehabiii rating certain real and other tangible property with an estimated useful life of Eive years or longer, consis~_iny of certain public facilities to be owned, operated and maintained by either the City of Rancho Cucamonga or other appropriate public agencies (collectively the "Facilities"), a1L as described in Resolution No. 91-277 and the Report (the "Report") prepared and filed with this City Council as required by Section 53321.5 of the Government: Code, to secve the area within Community Facilities District No. 91-1 (Victoria Community); and WHF:R RAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 91-1 (Victoria Community) and to incur bonded indebtedness in the amount of $55,000,000 within the boundaries of proposed Community Facilities District No. 91-1 (Victoria Community); and WLIE REAS, on November 6, 1991, November 20, 1991 and Derember 4, 199], this City Council held a noticed public hearing as requi rod 6y law to determine whether it should proceed with thr_ formation of Community Facilities District No. 97-1 (V icLOria Community), issue bonds to pay for the Facilities and authorize the rate and method of apportionment of a special tax to 6e levied within Community Facilities District No. 91-1 (Victoria Community) in accordance with Lhe procedures contained in the Act to pay (i) the Facilities (including incidental expenses for the design, planning, '~~ engineering and inspection of the Facilities}, (ii) the principal and interest and other periodic costs on Lhe bonds proposed to be issued to Finance the Facilities, including replenishment of a reserve fund and remarketing, credit enhancement and liquidity facility fees (including such fees foz instruments which serve as the basis of a reserve fund in lieu of cash), (iii) the costs of Forming the District and administering the levy and collection of the special tax and all other administrative costs of the the special tax levy and bond issue; and WHERP:AS, at said hearing all persons desiring to be heard on ail matters pertaining to the formation of Community Facilities District Pio. 91-1 (victoria Community), the levy of a special tax and the issuance of bonds to pay for a portion of the facitities we,e heard and a full and fait hearing was held; and WNFRF:AS, the City Council subseq~.ie nt to such hearing adopted Resolution No. _ esiab li?hinq Community Facilities i-i strice No. 91-i {Vietorla Connnunity); e..d WHE.RP.AS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose Eor said debt, and to authorize the suhmitta! of a combined proposition to the voters of the i~istriCt, being the landowners of the proposed District, all as authorized and required by law; NOW, 1'H F:R F:FORE, the City Council o£ khe City of Rancho Cucamonga DO6o HEREBY RESOLVE, DETERMINE AND OADF;R as follows: Sec t_ion 1. It is necessary to incur bonded indchtedness in a maximum aggregate principal anro unt not to exceed $55,000,000 within Commrnity Facilities Distc ict No. 91-1 {Victoria Communi.ty}. Section ?. 'Phe indebtedness is to be incurred for the purposc of financing tfie cost-;: of planning, designing, constructi~l, acquiring, modifying, improviny or rehabilitating the Facili;ies, as described In Resolution No. 91-277 and the Report, and foz the purpose cf fulfilling contractual commitments, inc turfing the reimbursement of funds advanced for the payment of cosES of the Facilities and costs incurred in creating Community Paciiities District No. 91-1 (Victoria Community), and carryi^.g out the powers and purposes oF. Community Facilities District No. 91-~1 {Victoria Community}, inc lurk ng, but nfit limited te, Che costs of selling bonds to finance>_ such costs of acquisition and construction, the establishment of reserve funds and remarketing, credit enhancemont and liquidity facility foes (inc ludin9 such fees which may serve as the basis of a reserve fund in lieu of cash). 1' -- ~ 11,18,91 1'~? 7862u /26fS3/002 -1- Section 3. The whole of the pcoperty within Community Facilities -istrict No. 91-1 (Victoria Community) shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by Resolution No. _ _ establishiny Community Facilities District No. 91-1 (Victorid Community). Section 4. The maximum term of the bonds to be issued shall in no~event exceed forty (40) years. Section 5. The bonds shall bear interest at the rate or rates not to~exceed the maximum interest rate permitted by law, payable semiannually, except the ficst interest payment may be for a peciod of less than siz months, with the actual rate oc rates and times of payment to be determined at the time :,r times of sale thereof. Secl;pn 6 The hnnd~ issued by Community Facilities District No. 91-1 (Victoria Community) may bear a va ri ab'e interest rate, provide3 that Sur.': variable rate or the Fixed rate shall not exceed the maximus Cate permitted by Section 53531 of the Government Code, or any other applicabie provision of law limiting the maximum interest [ate on the bonds. Sertio_n 7. Pursuant to Section 53351 of the Government Code, a special mailed ballot election is hereby called for Community Facilities District No. 91-1 (Victoria Community) on the proposition of incurring the bonded indebtedness. The proposed propositions relative to incurring bonded indebtedness in the maximum aggregate principal amount of $55,000,000, and authorizing the levy of the special tax within Community Facilities District No. 91-I. (Victoria Community} shall be combined into one ballot proposition Eor the District pursuant to Section 53353.5 of the Government Code. The proposed combined proposition is attachad hereto as Exhibit "A". Section 8. The date of the special mailed ballot elect i.on for Community N'acilities Uistrict No. 91-1 (Victoria Community) on the proposition of incurring the bonded indebtedness, authorizing l:he levy of the special lax and establishing an appropriations limit Eor the District shall be on the 3rd day ~E March, 1992, The City Clerk of the City of. Rancho Cucamonga is hereby authorised and requested to conduct the election. Section 9. It is hereby found that there are fewer than l2 reg i~s teced voters within the territory of, proposed Community Facilities District No. 91-1 (Victoria Community). 1'he n_Core, pursuant to Section 53326 of the Government Code, each ]andcwner within the District who is the owner of record on Che dale hereof or I:he authorized representative thereof shad have one vote Eor each acre or poction thereof that he or sh<; nw ne; with?n Community Facilities District No. 91-1 11/18/91 /~~ 781~iu!2fifl3/002 -3- (Victoria Community}, as provided in Section 53325 of the Government Code. Sect=on 10. The City Clerk is directed to transmit a copy of the measure to the City Attorney who shall prepare an impartial analysis of the measure not to exceed 500 words in length showing the effect of the measure on the existing law and the operation of the measure. The analysis shall be submitted to the City Clerk on or before January 6, 1992. Sec t_on 11. City Council or any member or membees thereof authorized by the City Council, or any individual voter who is eligible to vote on the measure, o[ bona Eide association of citizens, or any combination of voters and associations, 9~~~file a written argument for or against thr• measure. No arqument shall exceed 300 words in length. All arguments swat ue receiveu in rim ~Ciice ~C l„a C ty ...e r!: ~.° the City of Rancho Cucamonga no later than 5:00 P.M. on January 6, 1992. The City Clerk shall cause an argument foe and an argument against the measure to be printed and enclosed with each sample ballot. Section 12. if any persgqn submits an arqument against thu measure, and an argument has I1OlMfiled in favor of the measure, the City Clerk shall immediately send copies of the arguments to the Parsons filing the argument in favor of the measure. The persons filing the argument in favor of the measure may prepare and submit a rebuttal argument not exceeding 250 words. The City Clerk shall send copies of the a ~gument in favor of the measure to the persons filing the argument against the measure, who may prepare and submit a rebuttal to the argument in favor of the measure not exceeding 250 words. All rebuttal arguments must be received in the office of the City Clerk no later than 5:00 P.M. on January 16, 1992. / Section 13_. The City Clerk is directed to givep' notice of this election by causing the publication of this resolution one time in a newspaper of general circulation circulating within the area of the District. Section 14. This resolution shall become effective upon its adoption. PASSF:U AND ADOPTED by the City Council of the City of Rancho Cucamonga of. San 6e rnardino County, California, this _ day of Dr_cember, 1991, by the following vote: AY F:5 NOP.S: AHSFI N'P: 11,18/91 /~ 9 7862tV 2693/002 -4 EXHIBIT' A OFFICIAL BALLOT COMMUNITY FACILITIES DISTRICT NO. 911 (VIC'PORIA COMMUNITY) OF CITY OF RANCHO CUCAMONGA SPECIAL BOND, SPECIAL TAX AND APPROPRIATIONS LIMIT ELECTION March 3, 1992 You are entitled to cast _ votes. To vote, stamp a cross (+) in the voting square after the word "YES^ or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. IE you wro n9ly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION NO. A: Shall Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga (the "District") incur an indebtedness and issue bonds in the maximum aggregate principal amount of $55,000,000, with interest at a rate or Cates not to exceed the maximum interest rate permitted by law, the proceeds of which will be used to finance the construction, purchase, modification, expansion, improvement or rehabilitation of public facilities to be owned, operated and maintained by either the ~-. 0~ Gi-~y-vf. Rancho Cucamonga or other apPropriat e_ public agencies (collectively, the "Facilities"), as provided in Resolution No. 91-277 of the City Council of the City of Rancho Cucamonga, and shall a special tax with a Cate aa..-~:ri-~ and method of apportionment as prov i.ded in tha Resolution of the City Council YES _NO .__ _ .. _. 7862u /7.683/802 A-1 ~ 5b of the City of Rancho Cucamonga establishing the District, adopted on November 6, 1991 be levied to pay fo[ the Facilities, for the creation o[ replenishment of any necessary reserve funds, for any incidental expenses of the District, any expenses associated with the Facilities or the bonds, and for the payment of the principal of and interest on such bonds? PROPOSITION NO. B: For each yeac commencing with fiscal year 1991/92, shall the appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B YES of the California Constitution, for Community __.__,_ Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga NO be an amount equal to $55,000,000.00? /5 7662u/1.683/007. A-2 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December d, 1991 TO: Mayor and Hembere of the Ciiy Council Jack Lam, AICP, City Hanager FPAM: Brad Buller, City Planner BY: Cindy Norris, Associate Planner SUBJECT: REVIEW OP CONPRBNBNSIVB HOUSING APPONDAB ILITY STRATEGY (CHAS) - CITY OF iUNCHO CUCAMONGA - In accordance with the Crartaton-GOnsalez National Housing Act of 1990, the City has prepared a Comprehensive Xoueing Affordability Strategy (CHAS). The CHAS ie divided into 13 Sections which are epreed among 5 mjor components: I. Introduction: ii. ComunlLy Profiler III. Pive-Year Strategyt N. One-Year Strategy: and V. Appendices. The Community Profile euvarizee existing market and inventory conditions, current needs of homeleea and income-eligible families with regard to housing, and provides an evaluetlon of existing Roue lag Aesiatance programs. The Pive-Year Strategy lntegratea Chia review of needs and conditions into a format designed to determine priorities for investment over the ensuing Eive-year period. The one-Year Strategy tranelatee the five-year goals and available resources into plane and program for the number of persons to De assisted in the coming year. R[CDIS®DA2I01 That the City Council adopt the enclosed Resolution for the draft CHAS, taking into consideration ataEf'e rernmendation end any public comment or teetianny: thereby, approving the document ae the accepted five-year strategy to guide housing aealstence decisions In conjunction with the City'e Comunity Development dock Grant Program and other Pederal aeeietance programs. The draft Camprehene ive Houei ng Affordability StreLegy, (CHAS), was released for public review on October 3, 1991. The required 60-day public review period ended on December 2, 1991. The City Council public hearing on the CHA9 Se to be held for review and approval of the document prior to ire submission to NUD. CITY COUNCIL STAFF RBPORT CNAS - CITY OF RANCHO CUCAMONGA December 0, 1991 Page 2 There is a significant amount of interest in the CHA6 because an approved housing strategy is required prior to approval of HUD assistance. This of feMe not only cities which may apply for funding for programs such as COBG, but i! also impacts service organizations and non-profits who request Eede ral Eunding from HUD to assist needs in a jurisdiction. HACRGIDDtID Title I of the Cranston-Gonzalez National Affordable Housing Act, approved in November 7990, requires that states and local governments which apply for direct asaiatnnce under certain Oepartgent of Housing and Urban Development (HUD) programs, such ae COBG, Dave a Comprehensive Housing Affordabi Lity Siraie9y (CHAS) which has been approved by HUD. The Act also applies to applicente other than cliiee. In order to obtain federal funding, they moat include a certification of consistency with the approved houeinq strategy for the juziedlction in which the proposed project will be located. The CNAS is intended to serve ae a comprehenalva planning document that will address the affordable housing and supportive Dousing needs of very low, low, and moderate income families, including the needs of Ne homeless. It also aaseeeea the availability of uneeeiaied and eaeisted houeinq in the City and public and private resources nvailable to meet those needs. The Act requires CNA6 to contain fourteen elements Lhat describe the juciediction'e houeinq needs and market conditions, analyze relevant public polici ee and berries to the provision of affordable Dousing, set out a five-year atretegy which eatabliehee priorities far meeting those needs, identify resources anticipated to be available, and eetab li eh a short term investment plan. The CHAS covers the period from October 1, 1991, through September 30, 1996. In addition, the CNAS will also serve m a monitoring tool fo[ HUD to determine how effectively the City Se satisfying the identified needs. The CHAS will be reviewed annually and updated every five yea re in order to respond to changing conditions within the rn®unity. AmALiSIB Cmsistmcy r1N the Hasmiag 63aa~t: Much of the Sntazmation rnntained in the CHAS Sa Dneed on the City's General Plan, and more specifically, the Housing Element. The CNAS further imp lemente the goals and policies of the Housing Element. Moth plane look at the overall houeinq needs and resources in the mmmunlty and develop five-year strategies to identify wnys in rhlch to meet those needs. However, where the Houei ng Element eveluatea the houeinq needs of the co®unity es a ahole, the CHAS focuses on Aoueing needs and services for very low, low, and moderate inrnme houeeho lde and special needs populetione. /53 CITY COUNCIL STAFF RHPORT CHAS - CITY OF RANCHO CVCAMONGA December 4, 1991 Page 3 Organisation: The CNAS is divided into five major components: The Introduction, Community Profile, Five-Yenr Strategy, One-Year Action Plan, and Appendices. The Comity Profile includes a needs aeaesament and market analyeia and inventory, ae well as an evaluation of existing housing assistance programs. The Pive-Year Strategy contains an evaluation of priorities translated into Eive-year goals, a determinailon of potential programs, as yell as analyeia of available resources, evaluation of organizational capacity and roles and consideration of barriers or constraints to affordable housing. The One-Year Action Plan tran elates the Pive-Year Strategy Snto an implementation plan by aeseasing resources available on an annual Dacia and seta forth a projected number of families to be ass Sated. Additional information provided in the one-Year Action Plan includes the required monitoring plan and certifications regarding fair houei ng and rep lacemeni of lw income housing and relocation asaletance. In addition to the text, HUD also requires the completion of apeciEic tables which are contained in the Appendix of the CHAS. These tables include Sdentlficatlon of such items as Housing Aaeietance Needs of Low and Moderate Income Households (1A), Populntion and Minority Data (2A), Housing Stock Inventory (20 ), Assisted Housing Inventory (2C ), Priorities for Assistance (3), Mticipated Aesourcea and Plan for Investment (4/SA), and Goals for Families to be Assisted with Noueing (SB ). P[ioritiem, Programs and Goals: As pert of the CHAS, the City was required to evaluate priorities for aeelatance ae provided in the CHAS Table 3, which is contained in the Appendix. Table 3 identifies numerous categories which are made up of combinations of apeciEic activitlee and household types. TDeee categories were then prioritized with "1" being hi gheat priority ens ^1^ being tDe lowest. A "D^ priority has been assigned for those categories for which the City does not antlcipeta providing funding or for which a significant need was not S dentifled. Based upon the major issues Sdentlfied in the Community Profile, the City determined the needs aeaietance of the community and assigned priorities to those needs. The detezminetlon of priorities for Lhe individual categories identified in Table 3 was based upon several factors: what Se the biggest Dousing problem overall, what groups have the greatest needs, do we have the staff capnbillty and reeoutoea available to meet tDOee needs, and avaluetion of those programs that are already in place and functioning adequately. Programs to meet those priorities were then determined. This de[erminetian was based upon the avellebility of resources including federal, state, and local funds, the number and ability of venous groups to provide aeeiatance, coordination with exi sting City housing atretegiee, end approprietenees to our community. The program /5'~ CITY COUNCIL STAFF NBPOAT CHAS - CZTY OF NANCHO CUCANONGA December 4, 1991 Page d discussion in the text is in table form. Bach identified program specifies purpose, target group, and geographic Larget area. For each priority category identified, a quantified five-year goal has been specified. In addition, in the One-Year Action Plan, a quantified one-year objective has been specified for each priority These goals and objectives are based on available resource9 as well as previous activity Sn the programs. m1UaSP0~(a An eighth page notice was published in the Inland Valley Daily Hulletin newspaper on October 3, 1991, which Sncluded a eummnry description of the Comprehenelve Noueing Affordability Strategy (CHAS) and provided for a 60-dsy public comment period. In addition, a public hearing notice was publiahefl in the Inland Val lev Daily Hulletin newspaper 10 days prior to City Council meeting. To date, the Planning Division has not received any written or verbal rn®ente regarding the CMS. Respect y submitted, .~~~ Brad H ley City sonar ee:CN:mlg Attachments: Draft CMS (City Council Staff Repozte only) Resolution of Approval ~~~ RESOLOTION NO. 9/' 3~ A RESOLVT ION OF TH6 CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE COMPREHENSIVE HOUSING AFPORUAB ILITY STRATEGY (CHAS) AS THE ACCEPTED STRATEGY TO GUIDE HOUSING ASSISTANCE DECISIORS IN CONJUNCTION WITH THE CITY'S COMMUNITY DEVELOPMENT BLOCX GRANT PROGRAM AND OTEIER FEDERAL ASSISTANCE HOUSING PROGRAMS, AND MAXING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On December 4, 1991, the City Council cf the City of Rancho Cucamonga conducted a duly noticed public hearing for mnslderation of the City's Comprehensive Housing Affordability Strategy, hereafter know as the "CHAS". (ii) All legal prerequisites prior to the adoption of this Reeolut ion have occurred. H. Reeolut ion. NOW, THExEFORE, it is hereby found, determined, and resolved by the city Council of the City of Rancho Cucamonga as Eollows: 1. This Council hereby specifically finds that all oP the facto set forth in the Recitals, Part "A," of Chia Resolution are true and correct. 2. Hosed upon eubatantial evidence presented Lo this Council during the above-referenced public hearing on DecemDez 6, 1991, Srcluding written staff reports, together with public testimony, this Council hereby apecifica lly Einds and concludes ae folloxe: (a) That Lhe proposed CHAS la mnelstertt with tAe goa19, objectives and policies contained Sn the Houelnq Elemenlr in Chet the CHAS provides for further implementation of Lhe Housing Hlement through its suggested strategies and programs. (b) That fhe CHAS will serve as the accepted housing strategy to guide houa ing eseietance decisions in conjunction w1N the City's Community Development Block Grant program and other Federal acelatence programs. (c) Th1e Council hereby finds Ghat the CHAS is exempt from the requirements of CBQA pursuant to Section 15061(8)(3) which states that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect of the environment, the activity la not subject to CEQA. 3. eased upon the findings and coot lusione sat forth in paragraphs 1 and 2 above, this Council hereby approves the CHAS as the accepted Pive-Year Strategy that, in conformance with the City's Housing Element, will guide housing see istnnce decisions in conjunction with the City's Co®unity Development Block Grant program and other Federal ansiatanca programs. d. The City Cletk she 11 ceit SEy to the adoption of this Resolution. '~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE Ihcember 4. 1991 'IQ Mayor and Members of the City Comcil FROM: Duane A. Baker, Assistant to the City Manager SlJBJ8C1'. Cnnaldeotioe of • R • letloe Relatin t !~• rs of Ronda for A•seasm el Di•trirt R8-Z Recommeodatioo: It is recommended that the City Comcil adopt the attuhed resolution which authorizes the issuance of bonds, delegates to the City manager authority to determine the final pricing of the bonds, and approving the form of the bonds, bond indenture, and related documents pertaining to the sale and delivery of the binds in Commmiry Facilities District No. 88.2. Background: The attached rcaotutim is consistent with a "t'urehau/Financing Agreemeet", specifically CO 89-111, in which the Cily and The Carye Compmy have agreed to certain conditions in order for eaaeetid dnioage facilities to be constructed. The Agreement is dated )true 21, 1989. The Agreement calla for Ne City to pay The Carya Compaoy, m prices to be detcrmieed by We City, for cenain fuilities once they Gave been completed by The Carya Compaoy. The total amoum to be paid to The Csryn Company is limited m 53,123,000. The actions being requested sre emsisrcnt with past actions and arc the first step io issuing the bonds referenced in the Agreement with The Caryn Company. Because the atluhrA rceolutim is associated with prior utiona of the City Council, adoption of the resolution is being recommeuded. pectfully Submitted, ~AnL +~ ' ~~3~ /r~ 1tF50Ii/fI(N NO. 91-+'~+'"' V A RESOLUPIQi OF 14Di CITY WCNCII. OF TEIE Ci7Y OF RANCSb QICAPLtiCA, CALIFbId77A, AV1tTR2IZING ISSIF@IC~ OF BCQ~ID.i, pFrxramnr TO '14iE C1TY }WINGF1t AUlf[7RI'lY 70 DEI'IId~@iE 141E FDIAL PRICDX' OF ~ BClIDS, AND APPROVING 1}IE 4t13i OF 'DIE BCfIDG, BQdD INDENDII2E, AND umamFn DOQI4FI715 P770'AINING 40 '14~ SAi.E AND DEf~VN221! OF 'i4ffi BCtID6 IN ODMlMT1! FAC[LSTZF:S DIS142ICP ND. 88-2 Y3>Q2F7lS, the city CUUnil of the city of Panda Cuc~ (hsrein- after referred to as the "legislative body of the local Agency"), is'W'.P"'''- ing proceedings for the axvtructian of certain public i~a'ovemmts in a ammmity facilities district pursuant to the terms and provisions of the 'Me11o-l1oos Camunity Facilities Act of 1982", being Q~apter 2.5, Part 1, Division 2, Title 5 of the Gov~rnpnt axle of the State of California, said mmmmity facilities district loam aryl desigreted as OCIR~fI4ITY FACIIITIFS DIS'IRICP NO. 88-2 (here'.+af*~r referred to as the "District"); arcl WE~.S, this legislative body has previously declared in its Pesolutiu~ of Intentiuf to issue burls to fit~rx said imor**+~+f'x, said binds tc issue pursuant to the terns arcl p¢wisiors of the 'Mello-Roos Camunity Facilities Pct of 1982"; and 4hQ•RFaS, at this time this legislative body is desirous to set forth all formal texas std conditions relakirg to the authorization, issuance and a&rtinistration of said buds; a~ WF~I2FA5, there has been presented, omsidered and ready for approval a format of the Bud Irdenbu'e for the buds setting forth the formal terms and conditions relating to the issuaroe and sale of buds; std WkiE1I2FRFA9, there has also been presented for consideration bf this legislative Ludy a form of Bud Purdiase Contract autMrizing the sale of buds to Store & Yougberg, the designated underwriter, whic3t sale is to be made without advertising for bids, as authorized by Section 53360.4 of the Governmst Code of the State of California, it beitg the detexmination of this legislative bait' that such a sale will result in the lowest overall oust to the District; and t~S, there has also bean presented a form of the preliminary Official Statement containing information including, Wt not limited to, infoxmttion about the District and the type, terns and ouditiore of the bonds. NOW, 14ff11EFOl2E, the City Council of the City of 17arr1w Cucamotga does hereby resolve as follows: SECTION 1: That the above recitals are true std correct. ~~O Resolution No. 91-*** Page 2 u^hti'I'ION 2: That this legislative body does authorize the '_ .~ Of the ho=ds in the aggregate principal amamrt not to exceed $4,000,000.00 pursuant W the terms and provisions of the Hord Irderltur+es aid Ylre "Mello- Roos Crnnamrity Facilities Act of 1982", 6eirg Chapter 2.5, Par[ 1, Division 2, Title 5 of the GoverlvreJrt Nde of the State of California. BOND IIJDFNTVf2E SEC'TZON 3: 'Tfiat the exaartion and delivery of Botd Irderrtlse is hernlry approved substantially in the form pre~.,ented, subject to modificatia~s as necessity and as approved by the City 14ahager, with the oorrxrrrerrce of Bad Counsel. Final approval of the Berl Irderrttse shall be conclusively eviderioad tN the sicyuture of the City Manager upon the final Bold T~~'"*~. A corn' of the Bond Itdenture shall be kept at file with the transcript of these proceed- ings and open for public inspection. BOPID PURCtBISE OONTRACT SFxPION 4: That the eXPLlltiort and delivery of the Bad air~9,aen Contract svlmitted by Stone & Your>~erg, the designated vrdeswritet, is hereby approved substantially in the form presented, subject to morlificatiorvs as denied rreaessaty and as approved bi' the City Manager and with the final prio- ing of the bonds being delegated to City Manager Pmeptanoe of the final Bowl AsChase Contract shall be eviderred by the signature of the City Manager. PRII.II4TTIIcRY OFFICIAL, STATFMQ7f SFICTION 5: Tfiat the Preliminary Official Statement is hereby approved substantially in the form prevented, subject to the modifications as deemed necessary arc1 as approved by the City Manager, and execution aryl distribution of the Preliminary Official Statemmnt and the corraspordirg Official Statement is hereby authorized. 'The city Manager is further authorized to execute and deliver arty certificate regarding the finality of the Preliminary Official Statement as may be necessary or appropriate for purposes of oonplyirrg with Section 240.1502-12 in d:apter II of Title 17 of the mde of Federal Re<Trlations ("Axle 1502-12"). A copy of the Prelimirt;ty Official Statement shall be kept on file With the transcript of these proceed- ings and remain open for public irv5pec-tion. OILIER AC15 SFX.7TON 6: All actions heretofore taken kry the officers and agents of the District and the City with respect to the sale and 'tom of the bonds are hereby approved, confirmed aryl ratified, and the City Mar x*+,~, City Clerk, the Treasurer and arty and all other officers of the District and the City are hereby authorized and directed, for and in the name and on behalf of the District and the City, to do arty and all things and take airy and all actions relating to the execution arxi delivery of arty and all certificates, rsluisitions, agreements and other docimwsrts, which they, or arty of them, may deem necessary or advisable in order to mrulmmate the lawful issuance and delivery of the bonds in aooordance with this Resolution. /59 CITY OF RANCHO CUCAMONGA FROM: Mm. Jce O'Neil, City Engineer STAFF REPORT DATE: December 4, 1991 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager BY: Monte Prescher, Public Norks Engineer SUBJECT: RECOMMENDATION TO FTND NORDIC DEVELOPMENT COMPANY, DEVELOPER OF TRACT 11997, IN DEFAULT OF THEIR IMPROVEMENT AGREEMENT DATED MAY 7, 1987, AND EXTENSION DATED JUNE 15, 1988, AND AUTHORIZE LEG11L STAFF TO CAUSE THE DEVELOPER'S SURETY, DEVELOPERS INSURANCE COMPANY, FAITHFUL PERFORMANCE BOND N0. 9460775 TO COMPLETE ALL CONDITIONS OF APPROVAL OF SAID TRACT PURSUANT TO THE IMPROVEMENT AGREEMENT AND APPROVED PLANS AND SPECIFICATIONS. It is recommended that City Council find Nordic Company, developer of Tract 11997 located on the southeast corner of Hillside Road and Beryl Avenue, Tn default of their improvement agreement dated Myy 7, 1988, and extended to June 15, 1989, and authorize the City Attorney to pursue the Developer's surety, Developers Insurance Company, Faithful Performance Bond No. 9460775, to cause all remaining improvements and conditlons of approval to be completed, specifically but not limited to, the removal of a utility pole located on the south side of Hillside east of Beryl within the Community Tra11 and completion of undergrounding of all electric and telecommunication lines and the community troll. Tract 11997 located on the southeast corner of Hillside Road and Beryl Avenue has been developed by Nordic Development Company. The Improvement Agreement and bonds were approved and accepted by City Council on May 7, 1987. On June 15, 1988, City Council approved the Developers request to extend the Improvement Agreement twelve (12) months which would result 1n the Agreement expiring on June 15, 1989, At this time, nearly all Improvements and conditlons of Approval have been completed. As a Condition of Approval pursuant to the City's Undergraunding Ordinance, the Developer was to underground all electrical and telecommunication lines on the south side of Hillside to the first pole CITY COUNCIL STAFF REPORT TRACT 11997 - NORDIC DEVELOPMENT December 4, 1991 Page 2 east of the east Tract boundary and construct a Community Trail and landscaping per the approved plans. The electrical and telecommunication lines have been under grounded to the first pole west of the east track boundary and the landscaping has not been properly maintained. In February of this year the City received a copy of a letter from G.T.E. to Nordic indicating that G.T.E. has cancelled its work order regarding the pole and overhead telephone facilities at the above location, apparently due to lack of follow through on the developers part. The City has not received any indication that the work is proceeding or Drill proceed, Therefore, it is recommended that the Developer be found in default and his surety be given the opportunity to complete the work. If satisfactory progress e.g, re-establishment of G.T.E. work order, notification to City from Edison that work order is in place, etc., has not commenced within 60 days of City Council action recommended herein, then staff will prepare a report reconmending that City Council find the Surety in default and that the necessary legal steps be taken to cause the work to be completed. The law requires we first find the developer in default before proceeding against the surety. The developer and surety have been notified of this action. Respectfully submitted, ~~C~~c. 'dm. Jae O'Neil City Engineer '~/ WJO:MP:Iy Attachment /~~ RESOLUTION N0. 9/' ~ I / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING NORDIC DEVELOPMENT COMPANY IN DEFAULT OF THEIR IMPROVEMENT AGREEMENT FOR TRACT 11997 AND AUTHORIZING LEGAL STAFF TO CAUSE THE DEVELOPER'S SURETY COMPANY TO CORRECT EXISTING DEFICIENT [MPROVEMENTS AND COMPLETE ALL REMAINING IMPROVEMENTS AND CONDITIONS OF APPROVILL PURSUANT TO THE AGREEMENT WITNESSETN THAT, WHEREAS, Nordic Development Company, hereinafter referred to as the Developer, desired to develop certain real property Tn said City as shown on the conditionally approved subdivision known as Tract 11997; and NHEREAS, the Developer has entered Into an Improvement Agreement with the City to construct certain required improvements as a condition of said development; and WHEREAS, the Developer has been permitted to construct certain public improvements including but not limited to the undergrounding of existing overhead electrical and telecomnunlcatton lines and construction of a Community Tra11 along the south side of Hillside, east of Beryl; and WfIEREAS, the Developer has failed to complete said undergrounding, trail and other Improvements pursuant to the Improvement Agreement and is 1n violation of Section 4 of said Improvement Agreement; and WHEREAS, the City Council, prior to the approval of said Tract, has determined that undergrounding of overhead utilities and Community Trail improvements are necessary for the protection and promotion of the public health, safety, morale, comfort, convenience and welfare pursuant to City Municipal Code. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve as follows: 1. The Developer is hereby found in default of the City of Rancho Cucamonga Improvement Agreement for Tract 11997, City Council Resolution 87-199, dated May 7, 1987, and Extension, City Council Resolution 88-380, dated June 15, 1988, Section 4, which states, "If the Developer falls or neglects to compiy with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Developer and/or his surety the full cost and expense incurred." 2. It is hereby determined that the completion of the undergrounding of overhead utilities and Community Trail 1n Hillside Road, an existing street, east of Beryl, are essential to the safety and welfare of the public. ~y CITY OF RANCHO CUCAMONGA STAFF REPORT .s DATE: December 4, 1991 TO: Mayor and Members of the City Council Sack Lam, AICP, City Manager PROM: Brad Duller, City Planner BY: Alan Wnrten, Asaoclate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN AMHNDMENT 91-D3 - CITY OP RANCHO CUCAMDNGA - A proposal to amend the Etiwanda Specific Plan Land Use Map from Medium Residential (H-16 dwelling unite per acre) to Low Medium Reaidential (4-e dwelling unite per acre) for the following subarea within the Stiwanda Specific Plan: (Continued from November 20, 1991) 3. Apprmxlmately 11.2 acres bordered on the northwest by the Ontario (I-15) Preevay, on the east by east Avenue and existing Low Medium Residential designated land, and on the south by Miller Avenue - APN: 1100-041-04 through 10. IDa7I0m It is recommended that the City Council approve the attached ordinance approving Btlwanda Specific Plan Amendment 91-03 for the southern portion of Suberee 3. HACK i DIHCDHSI01 On November 20, 1991, the City Council determined that the southern portion of Subarea 3 of the HtSwanda Specific Plan Amendment 91-03 should be changed from Medium Residential (D-74 dwelling unite per acre) to Lou Medium Reeldentlal (8-14 drellinq unite per acre). The attached ordinmce has been prepared puzauant to the Council's direction on the issue. Reyp 11 itt //)( S / Brad list City planner DH:AW/ge Attachments: Ordinance approving ESPA 91-03, Subarea 3 ORDINANCE NO. 7 ~\ a- AN ORDINANCE OP THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING ET IWANDA SPEC IPIC PLAN AMENDMENT 91-03, THE SOUTHERN POATI ON OF SUBAREA 3, TO AMEND THE ETI WANDA SPECIFIC PLAN LAND USE MAP FROM MHpIUM RESIDENTIAL (B-14 DWELLING UNITS PER ACRE) TO 1UW MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PEA ACRE) FOR A PP ROXIMATHLY 11.2 ACRES OF LAND BORDHRED ON THE NORTHWEST BY TRH ONTARIO (I-15) PREEWAY, ON TXE EAST BY E%ISTING IqW MEDIUM RESIDENTIAL DESIGNATED LAND, AND ON THE SOUTH BY MILLER AVENUH, AND HARING FINDINGS IN SUPPORT THERHOF - APN: 1100-041-04 THROUGH 10. A. Recitals. (i) On July 6, 1983, the City Council of Ue City of Rancho Cucamonga approved the enactment of Che Regulatory Ptovlelone of the Etiwanda Specific Plan through adoption of Ordinance No. 203. Iii) On March 16, 1991, the City of Rancho Cucamonga filed an application for Etiwanda Specific Plan Amendment No. 91-03 ae described in the title of this Ordinance. Hereinafter i.n this Ordinance, the subject Etiwanda Specific Plan Amendment is referred to as "the application." (iii) On August 28, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended denial by the adoption of Resolution No. 91-129 and also issued Resolution No. 91-128 recommending to the City Council that the associated General Plan Amendment No. 91-028, Subarea 5, be denied. (Sv) On November 20, 1991, the City Council of the City of Rancho Cu camonge conducted a duly noticed public hearing on the application. (v) All legal prerequia ites prior to the adoption of this ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga doe9 hereby ordain ae follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordnance are true and correct. 2. Based upon eubatantial evidence presented to this Council during the above-referenced public hea zing on November 20, 1991r including written and oral staff reports, together with public testimony, this Coune it hereby specifically finds ae follows: (a) Subarea 3 of the application applies to approximately 30.72 acres of land, bea ically a linear con[iguration bordered on the northmeet by the Ontario (I-15) Freeway, on the east by East Avenue and eziating Low Medium Residential designated land, and on the south by Miller Avenue, as shown on CITY COUNCIL ORDINANCE NO. ESPA 91-03, SUBAREA 3 - CITY OF R.C. December 4, 1991 Page 2 Exhibit "A," and is presently underdeveloped with three single family residences in the southwestern most portion. Said properties are currently designated as Medium Residential (8-14 dwelling units per acre); and (b) The property to the northwest of the subject site is designated freeway and is the Ontario (I-75) Preeway. The property to the east is designated Low Medium Residential and is underdeveloped with single family residences facing Miller Avenue, and on the opposite side of East Avenue it is designated office (OFC) in the City of Fontana's West end Specific Plan. The property to the south on the opposite side of Miller Avenue is designated Medium Residential and is vacant. (c) This amendment for the southern portion of Subarea 3 does not conflict with the Land Uee Policies of the General Plan and Etiwanda Specific Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development; and (d) Thie amendment for the southern portion of Subarea 3 does promote the goals and objectives of the Land Vae element; and (e) Thie amendment for the southern portion of Subarea 3 would not be materially injurious or detrimental to the adjacent properties and would not have a si gniEicant impact on the environment nor the surrounding properties. 3. Based upon the suhetantlal evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs t and 2 above, Chia Council hereby finds and concludes ae follows: (a) That the propertiee located in the southern portion of Subarea 3 of the appllcatlon are suitable for the uses permitted Sn the proposed district and are compatible wich existing and adjacent land use deei gnations ae evidenced 6y the site's being bordered on the east by the same land use designation; and (b) That the proposed amendment would not have si gnlE Scant impacts cn the environment nor on the surrounding properties ae evidenced by the findings and conclueions listed in Parts I and II of the Initial Environmental Study and thet the proposed de ai gnation would reduce the intensity of future ree Sdentlal development on the eubj ect propertiee; and fc) That the proposed amendment is in conformance with the General Plan and the Etiwanda Specific Plan by promoting the retention of Etiwande's rural atmosphere through reduced residential densiti ea. 4. Thie council hereby finds thet the project has been reviewed and considered in compliance with the Cal ifornla Environmental Quality Act of 1970 and, fu[ther, this Council hereby authorizes the issuance of a Negative Declaration. r^~r CITY COUNCIL ORDINANCE NO. ESPA 97-03, SUHAEEA 3 - CITY OP R.C. December 4r 1991 Page 3 5. Based upon the findings and conclusions set Eorth in paragraphs 1, 2, 3, and 4 above, this Council hereby ordains that on the 4th day of December 199 ~, Ue City Council of the City of Rancho Cucamonga approves Etlwanda Specific Plan Amendment No. 91-03, the southern portion of Subarea 3, amending the Btiwanda Specific Plan Lard Use Map from Medium Residential (8-14 dwelling unite per acre) to Low Medium Residential (4-B dwelling unite per acre) for approximately 17.2 acres of land bordered on the northwest by the Ontario (I-15 Freewey, on the east by East Avenue and exiaiing Low Medium Residential designated land, and on the south by Miller Avenue, as shown Sn Exhibit "A." 6. The Mayor shall ai gn this Ordinance and the Clty Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Vallev Da11y Bulletin, a newspaper of general circulation published in the City of Ontario, Cal ifornla, and circulated in the City of Rancho Cucamonga, California. /~~ YI CiOR IA SiAEEi ~ "~ L -. 1 ~,. L ~~ i LM E/iwand• Spaeif ie Pbn Amandmanb 9100 Foolnill Slvd. Spemfic Plan AmanOmanla 91-02 LM OP ~ ~~`° ~i~ \+`~'S~l LM LM - Dialricl Daa{Qnalion ® UESIPCNATEU C~UpIAE~iLY oorlion AESNIENTIAL IA-11 DREIIINC UXITS PEA AC4RE1 UNOEA COXSIOEAATIM DA REDESICMATIOM i0 LDR YEDIUY RESIDENTIQ (A-1 DREIIINC UNIi~ PEA ACREI ' ~ESPA SYE1r9a Noa. FSPA SuOHaa Moa u au n nr Rfrg.ReLCemm;,,,,C.Comm.' .iC Regional Related ~6glXm ~..~ .. ....~., ...._ .,1... . G SuEm• C"il' OF RAtiCHO CliCAMOVGA r~[_~~~[va nn~s[o~ C.Comm.-~ pareala / ~• ITEMESPA 91-03, FSPA 91.02 TiTLE'speciric Pl.n Amana location Map ]Y ------ CITY OF RANCHO CIiCAb10NGA STAFF REPORT DATE: December 4, 1991 TO: Mayor and Members of the City Council FROM: Jerry B. Fulwood, Deputy City Manager SUBJECT: POLICE COMMUNITY FACILITIfiS OISTAI CT AB-2 OPTIONS ~.«iEj r,- a. ~~ A) Diseolut ion of Community Pacilitiee Dietrict by City Council action. B) Adjust special Cax down to Zero until some future date. C) Do not amend or dissolve current Conmunity Facilit iee Dietrict. 6ACROROVND The City Council held a number of workshops where various issues pertaining to growth management were discussed. Among topics was one of revenues for services in law enforcement funding in the future. It was pointed out that law enforcement is a general fund service, and because the City ie a no end low property tax city, the growth in general fund revenues would be hard pressed to keep pace with the future growth in law entorcement needs unleae new revenue sources could be developed. In the ^development shoo ld pay Lte own way" discussions, the idea of forming Mello-Roos districts (like other growing communities have done) for law enforcement was approached, and staff received direction to initiate this dls[rict, beginning with the next annexation of County territory. The theory of a CFD ie that new development creates a need for additional law enforcement services beyond the ability of the property iax bees to auppori and should pay for said additional services. Further, a CPD ie flexible and could be adjusted downward or eliminated at a future timer should new general fund revenues be realized. A CFD ie also exempt from the Cann limLt reetr ictione. Without a CPD in place, new development would escape its contribution and make even switching to a new funding mechanism, which would also require their part iclpation, much more difficult, iE not impose ibis, given the pracllvities of the established property owner. POLICE COIWIR7ITY lACILITI68 n1sTRlcr ee-2 December 4, 1991 Page 2 Additionally, the City continues its effort to maintain a minimum of 46t proactive levels of service, which le complicated by the fact that the former County tax transfer rate (4.6 cents), ie ineutficient to fund law enforcement costa as wall ae other City services. The County hoe determined it will only tranaEer two thirds of even this small amount. Additionally, with pending annexations into the City of Rancho Cucamonga, there were concerns of how the City would be able to maintain ire current law enforcement efforts. This was supported by the Piecal Impact Report ae generated by Ernst and Whitney. The fiscal impnet with a CFD in place would be borderline positive; whereas, if there were no CFD in place, the impact of annexations would be eignif Scant ly negative. City Councilr at the June 21, 1989 City Council meeting, approved a Canmm~ity Facil it Sea District to form a district conaieting of three tentative tract numbers: 13364, 13365, and 13366, and generally define the boundaries of the northern sphere area of expansion of the CPD. Additionally, City Council supported the concept of maintaining a 1.8 maximum tax on annexed properties. This would ensure that the tax burden would not become excessive. city Council ie considering ae a policy matter the poeeLDil Sty of dissolving the Police CFD. Dissolving the district in Lte current form would have the impact of $11,134.24 lase revenue for Fiecnl Yeer 1991/92. The impact of any deletion would transfer to the General Fund, now and in the future, and unless a new revenue source is found, the City can expect greater pressure on Ste General Pund in the future, especially Lf eignif Scant development ie annexed to the City in the future. City Council, at any point in timer can remove the CFD special tax f[om propert See by City Council action. The dieeoluticn can occur during June and July of 1992 when the special tax Le being reviewed by City Council. If City Council decides to diaeolve the district, a resolution of dissolution can ba adopted Dy City Council during June or July 1992. If City Council were to dissolve the special district for Fiecel Year 1991/92, it could create a very complicated proceea etnce the special tax hoe been placed on the tax roll Eor this Fiscal Year. JBF:jla 91-011 ~~9 LPW OFFICES BROWN, HARPER. BURNS 8 HENTSCH KE m•LxEX nE emBw~• a Dour sTR[R, s e leo snrv omw wIGI .B e~lsm nxs NEWPORT BEACH, GLIfORNU 93660 Los nXC UCS Iz ul sa a.mu oeEA. X naen• Na3LXFE la lpl y31-1915 90B[Na E. XLSSELI Fpx pa6 ~Gia K V ~ .~ Wi "~`""`J° ~"°""`"`"" CITY OF RANCHO CUCAMOP:OA ADMINISTRATION September X25, 1991 SEP 27 1991 Jerry Fulwood, Deputy City Manager City of Rancho Cucamonga w0_dn„.„..~.y~o-, ,s P. O. Box 807 1 Rancho Cucamonga, CA 91729 ~~ RE: COMMUNITY FACILITIES DISTRICT NO. 88-2 POLICE SERVICES Dear Jerry: A6 a followup to our prior meeting regarding the ability of the City Councii to cancel, emend and/or modify or Lax at a lower rate or possibly a Zero rater ea it relaiee to the spacial tax previously authorized for the police services, I would respond ae follows: 1. When the District was establ iehed, there was the requirement of a study antl fou ndatlon ehet established the need for the special tax hexed upon the Impact new development would have on the area ae Lt relates to the need for new and adtlit Tonal police earvicee. 2. The law le clear and states that landowner-voted services districts can only authorize special taxes Eor new and additional pollee services, and the revenue cannot be used to replace exist inq earvlce6 already evalleDle in the district. 3. if the texas are reduced to 2@RO, my pzeeumpi ion would ba that there ie no present need for the rave nue, and the statute does apeciflcelly allow end euthoriza taxes to be levied at a lower rate then voter euthorized. 4. The special taxes could always be eubeequent ly increased; however, the increase could never exceod the mnximum ae authorized by the electorate. 5. Any actual tax levy should spec if Lcally tel ate to City studies and needs fcr the revenue. to coot Lueion, although the tax can clearly De reduced and subsequently Lncreaeed, I would recommend and presume that you would need a study attempting to show projections of revenue and needs for the area eo that eubeequent Clty Council actions would be based upon a firm foundation relating the need to levy the new and additional special taxes for the new and additional police earvicee. If I can be of any further assist»nce, please call. Very truly yours, ~~ ~ 7~ F. MACE@N 2IE BROWN FNB~bd Law ovvlc es BROWN, HARPER, BURNS 8 HENTSCHKE wn 1101 DOVE 5 ~ 0~1T[ IOG N E 'G S.TN OIC40 lO1p1760-Ip 15 n ~. aupns NEWPORT aFACWp UUFORNIA 9860 ,O MN OOEP) w P°E w• L00 ..NG[L[5 I)I]I 0G) 1913 N1[L 5. n Nr5CN11E 1)111 SSI-I p 15 POOENT C. nE55ELL LOSEVMCo N rc N.EL e~N Onrpo N[nr p "'°""'°"" `°" CITY 0 RAN HO CUCAMONGA ADMINIC7p"Trnry 1~roAANDUM SFp 19 1991 TO: JEAAY PVLWOOD, DEPUTY CITY HANAGEA H an lE U i~ CITY OF RANCHO WCAMONGA r r r l ~Qr4- FROM: MAC BROWN DATE: 9/17/91 RE: POLICE COMMUNITY FACILITIES DISTRICT Upon review of your memorandum, my only comments and responeea would be ae follows: 1. The City could each year eat the tax at 2ER0 ($-0-1 and not die so lve the District until au ch time ae all area issues have been resolved. 7.. The City Council cen, by formal reeolut ion, declare the Dletr ict is no Longer necessary and thus dissolve the District. 3. The special tax and Diet ric[ cen be modified pursuant to the statutory procedure in the Mello-Roos statute; however, any change of nodification would require a favorable 2/3'e vote of the qualified electors voting on the issue. If theca are more than 12 regletere0 residing within the District, the vote would be by registered voters. 4. Please see page 3, your second paragraph, which tends to indicate that the property owners could, by a majority vcte, remove the tar. En conclusion, your memo is proper, and please note the above; however, I would oleo suggest a modification to page 3, 2nd paragraph, tc indicate that et any time the special cox could be modified, amended or deleted 6y a favorable 2/3•e vole of the qualified electors within the bounder lee of the CFD. Tae point here Se that the vote is 2/3'e, and by the qualified electors, which could be the registered voters. Except for the above modification to page 3, 2nd paragraph, the memorandum le in proper legal Eorm. Please r-all it you have any fort her queef.ions. . e . ~~/ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: December d, 1991 T0: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Nancy Pon q, Senlor Planner SUBJECT: RESOLUTION SUSTAINING APPEAL OF I~VOCATI ON OF CONDTTIONAL OSE PERMIT NO. 78-03 AND AESOLUT IONS OF APPWJVAL FOR AN AMENDMHNT TO CONDITIONAL OSB PERMIT NO. 78-03 AND ENTERTAINMENT PERMIT 91-02. DA2IOS Attached are three reaolut ions for Council's action tonight. If the Ccuncll concurs with them, adoption of the reaolutiona would be in order. BAC~IaDUMD At the meetlnq of November 20, 1991, the City Council conducted a public hearing to review the above-described items. A majority of the City Council voted to suetnin the appeel of the revocation of the Conditional Use Permit for a bar facility and supported the extension of the hours of operat Son and the live entertainment aith appropriate Conditions of Approval. Respe ly subm ed, Bra Ter City Tanner BB:NF/jfe Attachments: Resolution Suetelning Appeal of Revocation of CUP 78-03 Resolution of Approval for an Amendfaent to CUP 78-03 Resolution of Approval for EP 91-02 d' RESOLUTION N0. Q/. 3~Q A RE9OLUTION OF TF18 CITY COUNCIL OF THE CITY OF RANCHO CUCAMCN GA, CALIFORNIA, Sll OTAIN ING THE APPEAL OF THE PLANNING COMNIBSION'E DECISION 10 RE VOICE CONDITIONAL USE PERMIT NO. 78-03 POR THE OPERATION OF A 8AA 117 CONJUNCTION SiITH A RESTAURANT LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6620 CARNELIAN STREET, NORTHNEST CORNEA OF 19TH AND CARNELIAN STREETS, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201-011-55 THROUGH 64 A. Recitals. (1) On December 27, 7970, the City aE Rancho Cucamonga approved Conditional Use Permit 70-03 for a restaurant with related bar faci ilties and musical entertainment permitting hours of operation from 71:00 a.m. to 2:00 a.m. On July 70, 7985, the City of Rancho Cucamonga modified Conditional Use Permit 78-03 to restrict the hours to 11:00 a.m. to 17:00 p.m. and eliminate the provision for entertainment at the facility. (ii) On July 10, 1991, rontinved to July 24 and August 14, 1991, the Planning Coamission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the compliance review of Conditional Usa Permit No. 78-03. (iii) Dn August 14, 1497, the Ylalming Commission of the City of Rancho Cucamonga received public testimony and concluded said compliance hearing on that date and set a new public heat ln9 on 0eptember it, 1991, for the consider atimn of a euapena ion and/or revocntion of Conditional Use Permit No. 78-03. (iv) On September ii, 1941, the Planning Commission of the City of Rancho Cucamonga concluded said henrlnq and adopted Resolution No. 91-133 thereby revoking Conditional Usa Permit 78-03 for a bar Facility. w) Ths decision represented by said Plam ing Commission Resolution was timely appealed to this Councl 1. lvl) Dn October 16 and continued to November Z0, 1991, the City Council of the City of Rancho Cucamonga eonducCed duly nat iced public henring . on the revocation of Conditional Vee Permit 78-03 and concluded said hearing on that date. ' (vii) All legal pxeregvisiCes prior to the adapt ion of this Resolution have occurred. i B. ResOlLLt iOn• NOw, THEREFORE, it is hereby found, determined, and resolved Dy the ~, Ciiy Council of the City of Rancho Cucamonga as follows: {; 1. This Council hereby apeclflcal ly finds that all of the facts set . forth in the Recitals, Part A, of this Resolution ace true and correct. 173 CITY COUNCIL RESDLUT ION NO. CUP 78-03 - SAN'S PLACE December 4, 1991 Page 2 2. eased upon substantial evidence presented to this Council during the above-referenced public hearings, including written staff reports, the minutes of the above referenced Planning Commission meetings, and the contents of the Planning Comlission Resolution No. 91-133, this Council hereby specifically finds as follows: la) The business location is at the northwest corner of 19th and Carnel ten Streets with a street frontage of 1,037 feet and lot depth of 240 feet and is presently improved with a shopping center. (bI The property to the north of the subject site Ss a future freeway; the property to the south is an existing shopping center; the property to the east is an existing shopping center; and the property Co the west is existing single family residences. (c) The owner has requested an amendment to extend the hours of operation to coincide with those established by the applicant's alcoholic beverage conCrol license; that is, from the current cloning hours of 11:00 p.m. to a new closing hour of 2:00 a.m., Monday through Saturday; and eliminating the conditions of approval prohibiting live entertainment. (dl The owner Eiled the same application to extend the hours of operation on May 22, 1990, and the application was denied on appeal by City Council on January 2, 1991, by adoption of their Reaolutlan No. 91-007. (e) The current limitation on hours of operation to 11:00 p.m. and the elimination of live entertainment were established as a direct result of a history of public safety and public nuisance problems associated with this location. lf) The owner hen been operating the business beyond the 11:00 p. m, limitation and offered live entertainment in violation of the conditions of approval ae contained in Resolutions No. 83-117, 83-117-A, and 91-007 for conditional Nse Permit No. 78-03 and ordinance No. 290 pertaining to EnierGainment Permits. (g) The City has only received three written complaints objecting to Ghe bu8lneea operation, specifically the bourn of operation and the live entertainment. (h) The City hag not received evidence that the former problems have occurred since the owner's original request in May of 1990. (i) The app licent has submitted a petition of approximately 1,600 slgnatu res in support of extending the hours of operation and providing live entertainment for Sam's Ylace. 3. Based upon nubetantial evidence presented to this Counc ll during [he above-referenced public hearings and upon the specific findings of facie sec forth in paragraphs 1 and 2 above, this Council hereby finds and concludes da fOllOw9: fir// I ~ / CITY COUNCIL RESOLUTION NO. CVP 78-03 - SaM'6 PLACE December 4, 1991 Page 3 (a) The Conditional Uee Pormit is being conducted in an appropriate manner and modif icatlon9 are available to miCigate the impacts. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Council hereby declines to revoke Conditional Use permit No. 7R-03 and sustains the appeal. 5. This Council hereby provides notice to John Mannerino that the time within which judicial review of the decision represented by this Resolution moat De sought is governed by Lhe pzovis Iona 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 lhia Resolution, and (b) forthwith transmit a certified copy of this Aeao lotion, by certified mail, raiurn- receipt requested, to John Mannerlno at the address identified in City record e. 7. The City Clerk shall certify to the adoption of this Resolution. I RESOLUTION NO. 9 /~~ V~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMCNGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING COMMISSION'S DECISION RO DENY THE AMENDMENT TO CONDITIONAL USE PERMIT 78-03 FOR THE REQUEST 10 E%TEND THE HW AS OP OPERATION AND AMEND THE CR7DIT ICN OF APPROVAL PROHIEITING LIVE ENTERTAINMENT FOR AN EXISTING RESTAURANT AND BAR LOCATED IN THE NEIGH80RHOOD COMMERCIAL DISTRICT AT 6620 CARNELIAN STREET, NORTHWEST CORNER OF 19TH AlID CARNELIAN STREETS, AND MAXZNG PINDINGS IN SUPPORT THEREOF - APN: 201-811-56 THROUGH 60 A. Recitals. (i) John Mannerino, on behalf of Sam Pellegrino, has filed a petition to modify the Conditions of Approval for Conditional Uee Permit 7A-03 as described in the title of this Resolution. Xereinafter in this Resolution, the subject Conditional Uee Permit is referred to as the "application." (ii) On July 10, 1991, and rnntinued to July 24, August 14, and September 11, 1991, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and at the conclusion of said public hearing, adopted Resolution No. 91-131, thereby denying said application. (iii) The decision represented by said Planning Coamis Si on Resolution was timely appealed to eh is Council. (iv) On October 16 and mntlnued to November 20, 1991, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) All legal prerequisites prior to the adoption of this Reaoluti on have occurred. B. Resolution. NOW, THEREFORE, it Sa hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga ae follows: 1. This Council hereby specifi rally fi nda that all of the facts set Forth in the Recitals, Pezt "A," of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Council during the above-referenced public hearing including written staff reports, the minutes of the above-referenced Planning Co®iselon meeting, and the contents of Planning Comnieafon Aeaolut ion No. 91-131, this Council hereby specifics lly finds as follows: (a) The appllceticn applies to property located at the northweet corner of 19th and Carnelian Streets with a street frontage of 1,037 feet and lot depth of 240 feet and la presently improved with a ahopp ing center. 17~ CITY COUNCIL RESOLUTION NO. CUP 70-03 - SAM'S PLACE December 6, 1991 Page 2 (b) The property to the north of the subject site is a future freeway; the property to the south of that site is an existing shopping center; the property to the east is an existing shopping center; and the property to the west is existing single family residences. (c) The proposed amendment contemplates extending the hours of operation to coincide with those established by the applicant's alcoholic beverage control license; that is, from the current closing hours of 11:00 p.m. to a new cloe ing hour of 2:00 a.m., Monday through Saturday; and eliminating the conditions of approval prohibiting live entertn inment. (d) The applicant filed the same application to extend the hours of operation on May 22, 1990, and the application was dented on appeal by City Council on January 2, 1991, by adoption of their Resolution No. 91-007. (e) The Development Code, Section 17.04.030H, etat89 that following the denial or revocation of a Conditional Use Permit app llcatlonr no application for a Conditional Uae Permit for the same or eubatantielly the name use of the same or aubataniially the same Bite shall 6e filed within one year from the date of denial or revocation. (f) The applicant has been operating Che business beyond the 11:00 p.m. limitation and offering live entertainment in violation of the con dltl ons of approval and in violation of ordinance No. 290 pertaining to Entertainment Permits. (g) The current limitation on booze of operation to 11:00 p.m. was established as a direM reau It of a history of public safety and public nuisance problems associated with this location. (h) The Clty hoe not received evidence that the former problems have occurred since the owner's original request Sn May of 1990. (i) There are mitigation meaeur ee available to prevent any problems that may be created by the extension of hours of operation and providing live entertainment. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearings, Sncludinq written and oral staff reports, this Council hereby finds and concludes as follows: (a) mhat the proposed use, together with the conditions imposed ae mitigation measures, Se in accord with the General Plan, the objectives of the Development Coda, and the purposes of the district 1n which the ai to Se located. (b) Thet the proposed use, together with the conditions imposed as mitigation meaeu res, will not be detrimental to the public health, eaf sty, or welfare or materially injurious to properties or improvements in the vicinity. 177 CITY CDONCIL RESOL[Pf ION NO. COP 78-03 - SAM'S PLACE December 4, 1991 Page 3 4. The City Council of tha City of Rancho Cucamonga hereby approves the application with the following conditions: 1) All pertinent conditions of approval ae contained in Planning Commission Resolution No. 82-98, a copy of which has been attached hereto, shall apply. 2) This approval is granted Eor a restaurant with incidental serving of alcoholic beverages. A lunch and dinner menu shall be served to maintain the primary restaurant use. 3) The hours of operation shall be between 11 a.m. until 2 a.m., Monday through Saturday. 4) The front door of the business shall remain closed during evening hours 16 p.m.), except in the event of an emergency. 6) The northwest parking area shell not be used by patrons from Sam'a Place and eha 11 be appropriately pceted. 6) A minimum of two regularly employed security guards shall be required to be on the prem19e8 from 6 p.m. until two hours after the cessation of the serving of alcohol and any live entertainment. At least one of the guards shall remain on duty in the parking lot and outside adjacent areas of the facility. 7) Approval of this tequest shell not waive crompliance with all sections of the Development Code and all other applicable City Ordinances. 8) IP the operation of the facility causes adverse effects upon the surrounding re eidents, adjacent businesses and tenants, including but not limited to, noiser loitering, or distur6ences, the Conditional Uae Permit shall be brought before the Planning Commission for the con9lderatlon and possible termination of use. 5. This council hereby provides notice to John Mannerino that the time within which judicial review of the decision represented by th le Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1096.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of th Se Resolution, and (b) forthwith transmit a certlPied copy of this Reaolutionr by cettif ied mall, return-receipt requested. to John Mannerino at the addt eas identified in City r ecor de. 7. The City Clerk shall cert~Xi7fy to the adoption of this Resolution. I ~V RESOLUTION 82-98 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCIIMONGA, CAL [FORNIA, MODIFYING CONDITIONAL USE PERMIT 76-03 FOR BAR AND ENTERTAINMENT FACILITIES WITHIN THE BDAR'S HEAD ESTABLISHMENT LOCATED IN THE RANCHO PLAZA IN THE C-1 ZONE WHEREAS, on the 22nd day of September, 1982, the Planning Commission determined the need to suspend Conditional Use Permit 78-03 and to conduct a public hearing; and, WHEREAS, vn the 27th day of October, 1982, the Planning Commission held a public hearing to consider the above item. follows: NON, THEREFORE, the Rancho Cucamonga Planning Commission resolves as SECTION 1: Additional conditions and changes are found to be needed for ConditloneT Use Permit 78-03 in order to mitigate the past disturbances and bring the use in accord with the Intent and purpose of the neighborhood shopping district. Therefore, the following conditions are added to those already in effect per Resolution 78-40: 2. Periodic policing of the parking lot by the management of the business should be done on a nightly basis to assist in averting disturbances from patrons. 3. Block access to the northwest parking area from the main parking area by placing large trees and planters in the driveway. Additionally, a chain or breakaway barrier shall be used to block access to this area from the rear driveway during evening hours. q. A sound attenuation wall shall be built on the three properties adJacent to the northwest parking area of the center. The precise height, location and construction materials shall be determind through the development of a precise development plan, which shall be prepared by the shopping center owner and reviewed and aDPraved by the City Planner. Such improvements shall consider the use of sound attenuation material as well as some additional landscaping between the new wall and the existing wall. The plans should be prepared as soon as possible and installatiion, with the cooperation of all property owners and before the January 26, 1982 meeting scheduled by the Commission. 5. Speed bumps shall be placed throughout the center. Resolution No. 82-98 Page 2 6. An analysis of the building shall be conducted to determine the needs for sound insulation. Appropriate insulation shall be installed, if needed. 7. The rear door of the business shall remain closed during evening hours, except in the event of an emergency. 8. The northwest parking area shall not be used by Boar's Head patrons or employees and shall be appropriately posted. 9. This Conditional Use Permit shall be brought before the Planning Comniss ion on January 26, 1983, for a report on the performance of the establishment. 10. The business shall alter its operation to include restaurant usage and food service during the evening hours. This is required to meet the intent of the original approval and shall be accompl7shed within sixty (60) days of this action. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982. PLANNING CO)1NtI$S1pN OF THinCI~Y OF RANCHO CUCAMONGA BY on I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of October, 1982, by the following vote-to-wit: AYES: COMMISSIONERS: McNiel, King, Rempei NOES: COMMISSIONERS: Barker, Stout ABSENT: COMMISSIONERS: None RESOLUTION N0. IJ/-~ V 1~' A RESOLUTION OP THE CITY' COUNC II. OF THE CITY OF RANCHO CUCAMON GA, GLLFORNIAr SUSTAINING THE APPEAL OF THE PLANKS NG COMMISSION ~S DECISI Qi To Dsm ENTERTAINMENT PEPM IT 91-02 POR THE AEQVEST Tt~ CON WCT LIVE ENTERTAINMENT II9 CONJUNCTION WITH A PEBTAU RANT AND BAR IQCATEO IN TH6 NEIGHBORHOOD COMMERCIAL DiSTAZCT AT 6620 CARNELIAN STREEI, NORTHWEST CORNER OF 19TH AND CARNELIAN STREETS, AND MAEING FINDINGS IN SUPPORT THEREOF - APN: 201-811-66 THROUGH 60 A. Recitals. (i) John Mannerino, on behalf of Sam Pellegrino, has filed an application for Entertainment Permit 91-02 as described in the title o4 this Reaolution. Ner einafter in this Resolution, the subject entertainment Permit is referred to as Che "application." (111 On July 10, 1991, and continued to July 24, August 14, and September 11, 1991, the Planning Commission of the Clty of Rancho Cucamonga conducted a duly noticed public hearing on the epplicatlon and following the conclusion of saki public hearings, adopted Reaolution No. 91-132, thereby denying said application. (iii) The decision represented by said Planning Commis eion Resolution was timely appealed to this Council. (iv) On October 16, and continued to November 20, 1991r the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (v) AL1 legal prerequisites prior to the adoption of ehie Reaolution have occurred. B. Resolution. NOW, THEREFORE, it Sa hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga ae follows: 1. This Counc ll hereby specifically finds that all of the Eacte set forth Sn the Re citale, Part "A," of this Reaolution are true and correct. 2. Hased upon subatantlal evidence presented to this Council during the above-referenced public hearings including written eta Ef reports, the minutes of the above-referenced Planning Comlission meeting, and the contents of Planning CommlBS ion Resolution No. 91-132, this Council herehy spec if lca lly Einda as Eollovs: (a) The application applies to property located at the northwest corner of 19th and Carnelian Streets with a street Frontage of 1.03'7 E set and Lot depth of 240 feet and is presently improved with a shopping center. x` l V I CITY COONC ZL RESOLOTION N0. £P 91-02 - SAM'S PLAC£ December 4, 1991 Page 2 (b) The property to the north of the subject site is a future freeway; the property to the south of that site is an existing shopping center; the property to the east is an existing shopping center; and Ue property to the west is existing single family residences. (c) The applicant has been operating the business beyond the 11:00 p.m. limitation and offering live entertainment in violation of the conditions of approval ae contained in Resolution Nos. H3-117 and 91-007 for Conditional Use Permit No. 7H-03 end Ordinance No. 290 pertaining to Entertainment permits. (d) The Ciiy hoe received three written complaints objecting to the lateness of the hours of operation and the live entertainment. (e) The current limitation on hours of operation to 11:00 p.m. and the elimination of live ertterta Snment were established ae a direct result of a history of public safety and public nuisance problems associated with this locaeion. (f) The City has not received evidence that the former problems have occurred since the owners original request in Nay of 1990. (g) The applicant has submitted a petition of approximately 1,600 signatures in support of extending the hours of operation and providing live entertainment for Sem's Place. 3. Haled upon the substantial evidence presented to this Council during the above-referenced public hearing, including written and oral staff reports, this council hereby rinds and concludes as follows: (a) The conduct of the establishment oz the granting of the application would not be contrary to the public health, safety, morals, or welfare; and Ib) Tha premises or establishment is not likely to be operated Sn an illegal, improper, or disorderly manner; end (c) Thet granting the application, together with the conditions of approval, would not create a public nuisance; and (d) That the normal operation of the premises would not interfere with the peace and quiet of the surrounding residential neighborhood. d. The City Council of the City of Rancho Cucamonga hereby approves the app llcatlon with the following conditions: 1) AL1 pertinent conditions of approval as contained in Planning Commission Resolution No. 82-98, a copy of which bee been attached hereto, shall apply. /8~ CITY COUNCIL RESOLUTION NO. SP 91-02 - SAM'S PLACE December 4, 1991 Page 3 2) The Entertainment Permit is granted for a duet only, consisting of an acoustical guitarist and a singer. 3) Any live entertainment shall be provided between B p. m. and 2 a. m. Monday th rougA Saturday. 4) The front and back doors of the business shall remain closed during evening hours (after 6 p.m.) except in the event of an emergency. 5) Tne northwest parking area aha 11 not be used by patrons from Sam's Place and shall be appropriately posted. 6) A minimum of two regularly employed escort ty guards shall be required to be on the premises Erom 6 p.m. until two hours after the cessation of Ue serving of alcohol and any Llve entertainment. At lea et one of the guards shell remain on duty in the parking lot and outside ndjecent areas of the facility. 7) Approval of this request shall not waive compliance with all sections of the Deve lopmen[ Code and all other applicable City Ordinances. A) IE the aperatlon of the facility causes adverse effects upon the surrounding residents, adjacent businesses and tenants, including but not limited to, noise, loitering, or dleturbancee, the Conditional Use Permit shall be brought before the Planning Commission for the consideration and possible termination of use. 5. This Council hereby pravidea notice to John Mannerino that the time within which judicial review of the decision represented by this Resolution moat be sought le governed by the provis lone of Calif orals Code of CS vii Procedure Section 1094.6. 6. The City Clerk of the Clty of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a cerCified rnpy of this Resolution, by certif led mBi 1, return-receipt requested, to John Mannerino at the address identified in City records. 7. The City Clerk she 11 certify to the adoptlan of th la Resolution. /83 RESOLUTION 82-98 A RESDLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION OF THE CITY OF RANCHO CUCIIMONGA, CALIFORNIA, MODIFYING CONDITIONAL USE PERMIT 78-03 FOR BAR AND ENTERTAINMENT FACILITIES WITHIN THE BOAR'S HEAD ESTABLISHMENT LOCATED ]N THE RANCHO PLAZA IN THE C-1 ZONE WHEREAS, on the 22nd day of September, 1982, the Planning Commission determined the need to suspend Conditional Use Permit 18-03 and to conduct a public hearing; and, WHEREAS, on the 27th day of October, 1982, the Planning Commission held a public hearing to consider the above item. NUN, THEREFORE, the Rancho Cucamonga Piann mg Commission resolves as follows: SECTION 1: Additional conditions and changes are found to be needed for Condition- aT Use Permit 78-03 in order to mitigate the past disturbances and bring the use in accord with the intent and purpose of the neighborhood shopping district. Therefore, the following conditions are added to those already in effect per Resolution 78-40: 7. Periodic policing of the parking lot by the management of the business should be done on a nightly basis to assist in averting disturbances from patrons. 3. Block access to the northwest parking area from the main parking area by placing large trees and planters in the drivewav. Additionally, a chain or breakaway barrier Shall be used to block access to this area from the rear driveway during evening hours. 4. A sound attenuation wall shall be built on the three properties adjacent to the northwest parking area of the center. The precise height, location and construction materials shall be determind through the development of a precise development plan, which shall be prepared by the shopping center owner and reviewed and approved by the City Planner. Such improvements shall consider the use of sound attenuation material as well as some additional landscaping between the new wall and the existing wall. The plans should be prepared as soon as possible and installatiion, with the cooperation of all property owners and before the January 26, 1982 meeting scheduled by the Commission. 5. Speed humps shall be placed throughout the center. ~~~ Resolution No. 82-98 Page 2 6. An analysis of the building shall be conducted to determine the needs for sound insulation. Appropriate insulation shall be installed, if needed. 7. The rear door of the business shall remain closed during evening hours, except in the event of an emergency. 8. The northwest parking area shall not be used by Boar's Head patrons or employees and shall be appropriately pasted. 9. This Conditional Use Permit shall be brought before the Planning Commission on January 26, 1983, far a report on tha performance of the establishment. 10. The business shall alter its operation to include restaurant usage and food service during the evening hours. This is required to meet the intent of the original approval and shall be accomplished within sixty (60) days of this action. APPROVED AND ADOPTED THIS 27TH DAY OF OCTOBER, 1982. PLANNING COhMI$SJ,ON OF THF~l'TY OF RANCHO CUCAMONGA BY I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 27th day of October, 1982, by the followfng vote-to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: McNiel, King, Rempel Barker, Stout None / 8-~ CITY OF RANCHO CUCAMONGA _ MEMORANDUM DATE: December 4, 1991 ~ TO: Mayor and Members of the City Council Jack Lam, AICP, Ciry Manager FROM Debbie Adams, City Clerk G~.e~G~. SUBJECT: JACK BENNY STATUE -ITEM II For your information, the following is a list of individuals who have contacted the City Clerk's office this date stating they are against the idea of a Jack Benny statue: Briana Isaac Terry Marquez Michelle Binion Brent Basinger Virginia Leach Denise Harper /dja CONSENT ORDINANCES Listed below arc the votes previously taken oa the Ordinances being considcrcd for second rcading: Parkin¢ S a O di o p .. Ordinance r nan. s 462 Approved 4-0-1 (Stout absent) to continue this Ordinance from the November 6 meeting to the December 4 meeting. o Ordinance 463 Approved 4-0-1 (Stout absent) to continue this Ordinance from [hc November 6 meeting to the Ftiw n da .ener I PI n Ord' December 4 meeting. na o Ordinance 453 Approved 5-0 to net second reading for December 4 muting. (GP Subaru 7 and ESP Subarea 5) o Ordinance 454 Approved 4-1 (Wright voted no) to set sccond reading for December 4 meeting. (GP Subarea 8 snd Victor ia General P la Zonin FSP Subarea 6 • wes0 n a O di o Ordinance 470 g na r Approved 5-0 to set second reading for December 4 meeting. (Subarea B) o Ordinance 471 Approvcd 5-0 to set second reading for Deccmbcr 4 mcding. (Subarea C) o Ordinance 472 Approved 5-0 to set second reading for December 4 meeting. (Subarcs D) o Ordinance 475 Approved 5-0 to net second rcading for December 4 meeting, (Subarea H) o Ordinance 476 Approved 5-0 to set second reading for Deccmbcr 4 meeting. (Subarea I) o Ordinance 477 Approved 5-0 to se[ sccond reading for Deccmbcr 4 meeting, (Subarea J) o Ordinance 478 Approved 5-0 to net second reading for December 4 meeting. (Subarcs L) o Ordinance 479 Approved 5.0 to net second reading for Deccmbcr 4 meeting. (Subarea M) Q~UDQ GENERAL PLAN AMENOMENi ACTIONS AND APPROVALS AUGUST'91 APPLICATIONS Low LAND USE ALTERNATIVES CONSIDERED Low Medium Medium Commercial 01fice GPA 90-02B I--~J ':-,,,^:`:,„;'~::"' • /// GPA 91-01A U ©'. --~'. ', • /// ~-~ GPA 91-028 Soberest ~ "";['T. I~. , Subarea 2 ~ ti'.~..Rr: ' ; • /// • /// Subarea 3 ~-J ~ °~:,., ;; Subarea 5 earn portlon ~- ] /// noun portbn r C~ o ~.^~ L' ~'~~~~ ~~~.' Subarea 6 ~~ '..-"i,~ ~ ~ u Subarea 7 • /// M.;L'.~„*,~.+,%?„C- c2 Subarea 8 oast portion o ~ f?•=? WYet pOnOrl C~ • /// ° ~ ~ ~~i~„R,z ':,'=::2!,`{' exgtlnp desipnatlon, a6 Of May, 1991 ~Planninp Commiaslon recommendations, May 6 August'91 /// Cary Council Approvals, July 8 November 91 Y :'Ca t i - jr.hiYch' VL VL - ~_~~ ,e.~a -~ LM _~ ~_ LM ~] LM L ~-- OII. Oft. ~~ i ` y`~ ~~~ ~~ Comm. Comm. -,_ nartharn perk _ -- -' L -Y ~_ ~ _, -- L M /C` mm. Eliwands Ma• Ganaxal Plm Amendments 9F0: LM -Land Uv Daagnation ® PAOPEAilE4 CURAEhiIT OESKNAIEO YFDIUY RESIDENTIAL A-1{ OIEIIING UNITS PEA A AEI UXDER Ifa CONSIDEAAiIOM OA RfDESIGNAPON i0 l01 YFDIUY AESIDENiIAI (/-1 OIELLINC UNI1S PER ICAEJ 1 ~ SUDa(aa Naa. ~' e` . ~ ~'~b'Comm ~ ... el N•Com M. ~--- ' ` e.. io Subaru 1 amandad oncala lM ~GPA 91.028 C iTY OF RASCHO CCCA.'140tiGA ITESt PLS.\~ItiG DR'ISIO~ TITLE wn.ra Pl.n Am.nd la~aba~ M.P ±•r F U FQ W Z W Q J a a i W C7 Y E F V 3 • U U ~ 3 ^. `k Po~ 'YY Z 4 A V .•. hL~ ' A~ 'Y ~S. ac ; ~ 3f ~' ~ = J f N:' ~ ~ E k ~ ~ ~3 q ~ r~~ S3A f'. ~' W D .~ ti ' ~ 3 J ~£ 'S:: N p W 4 2 ~ ~ ~ I W 6 ~' ~ fi '~ ~ ~ :. 0 ~ 1 1 I 3 J J 2 4 6 m V C W m B ~ ~ LL V' ~ ~ _ ~ ~ -~ B Y ~ J =' 8 ~ ~ J ~ a a s` a m A~ W S E E E ~ 2 C ~ O ~ ~_ EQE ~' c cg v U N qm~ T APPLICATION SUBAREAS Highland Avg. _ . --~ Niphl~nd Avo. Fulun R~p1onN MNI ~~ ~~A ~ ~~ 4~ N Nol To 4cN~ ~~-~~- ~y\ ~' ~ `J8 ~~ CITY OF RANCHO CUCAMO REDEVELOPMENT AGENC MEMORANDUM DATE: December 4, 1991 TO: Jack Lam, AICP, Executive Director FROM: Olen Jones, Senior Redevelopment Analyst SUBJECT: Requested Information on Wattson and Home Depot Requests for Assistance Wattson request fot compensation for Freeway Offramp Dedication According to Paul Rougeau, dedication of the right-of-way for the freeway offramp was never considered for two reasons: (1) there was not a project for the site; and (2) dedications for freeway offrantps typically have not been required of development in town. Estimates of the cost of right-of-way acquisition range from $900,000 to $1.3 Million, and have been budgeted as part of the project expense. ?. Home Depot Request Hard construction costs for Hughes Center being funded from CFD 91-1 are $1,614,338. Additionally, Hughes is required to pay $982,367 towards the cost of public improvements resulting from the realignment of Pioneer Way. Thus total infrastructure costs are $2,596,705. This does not include soft costs. Of these costs, $1,016,076 is being passed along to Home Depot by Hughes. 'j. ~qSl S , ,.,. , /t ~~' -~ ,wtf-~ s. (~ GUCAMO 2~ ~'(1 z r O~ O FY-' ~ Z Ui > 1977 CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: December 3, 1991 To: Mayor and Hembers of the City Council {, FROM: Jerry B. Fulwood, Deputy City Manages G( SV BJECT: ROLICE CFD BACBGROVND During February 1990, the consulting firm of Ernst end Young provided the City with a Fiscal Impact Report resulting from development of the 6tlwanda North area. The development area hne irregular boundaries, encompneeinq 6,754 acres in the area weet of Interstate 15 and north of Highlnnd Avenue. Moat of the area is in unincorporated County }uriedic[lon. The analyeie calculated recurring fiscal rave nuea and fiscal expenditures to the City of Rancho Cucamonga that the proposed development would generate. Law enforcement services was a major coat factor of the Fiscal Impact Report. The Annual Fiscal Impact of the project area hoe bean projected based on the development at full build-out with current dollars. ANALYBIB If the Police CFD were not in place at build-out, the project nrea would reflect a negative impact to the City in the amount of $627,387.00 in current dollars on an annual basis. This would reflect a negative impact to the City cE Rancho Cucamonga of $334.49 per houeehold within the project area. Therefore, other areas within the City would have to subeid ire North Etiwanda. This would produce an additional drain on the City'e General Fund. Additionally, the County's transfer tax rate applicable to the Police CPD area ie 5.158. The following ie an analyeie that ref lecte how much revenue from property tax the City ie projected to receive from homes in the North Etiwandn area on a single unit basis. POLICE CPD December 3, 1991 Page 2 PROPERTY TA% PEA COUNTY TA% BILL $ 1,500.00 $ 2,000.00 $2,500.00 RANCHO CUCAHONGA CURRENT TA% RATE INO LOW CITY1 5.158 5.158 5.158 PROPERTY TA% RECEIPTS $ 77.25 $ 103.00 $ 128.75 Since the proj ecied negative law enforcement coat ie estimated io be $134.49 per unit at build-oui, the 5.158 tax rate on a per unit basis ie insufficient to cover the projected police coat of $134.49 per unit. This does not reflect the other costa for eervtcee applicable to this area or the possibility of understating of expenses or overet sting of revenues. JBF:jle cc: Jack Lam, City Manager 91-014 ~am~xExEnsI~E ouslnG FFOI~DABILITY TAATEGY October 1, 1991 through September 30, 1996 Citg of Rancho Cucamonga October 3, 1991 TABLE OF CONTENTS Page No. I. INTRODUCTION .......................................... ...... ...... .......1 Pu rposa £oI a CHAS .......................................... ...... .......1 PYOCeeB to Develop the CHAS ..............................................1 Citizen Part Lcipetion ..................................... .. .............2 1990 Centlue Date .................................................. .......2 Methodology and Data Sources ................................ ............ .2 II. COMMUNITY PAOPIL& PART 1: MARKET ANALYSIS AND INVENTORY ............. ......................4 Summary of Haj or iasu•s ............................ .................. ....6 DemagrePhice ....................................... ......................5 Popvlation ....................................... .................. ....5 Persons Per Household ............................ ....... ...............6 ELAnieity ........................................ ......................7 Hovai ng Stock Condition• ........................... ........ .. ........ ...12 Haueinq Unite end Composition .............. .. ...... .....................20 Number of Bedrooms ................................. .................. ...20 Housing Unit Vacancy ....................... .. ... ... ................ .....22 Owner/RenCer Charecterlatice ....................... .....................23 Cost A•aociated with Houslnq ............... .. ... ... ................ .....26 OwnershLP Haueinq ................................ .....................24 Rental Housing ........................... ..... ... ................ .....27 Existlnq Affordable P[ojacte wLth the Potential to Convert to Mnrkat Rete Rents .......... ........ ................ .....28 Putura Mou•in9 Devlopmant ......................... ........ .. ...........30 PART 2: NEEDS ASSESSMENT .......................... .....................32 A. GENERAL HOUSING NEEDS .......................... ................ .....32 summary of Major Findings .................. ........ ................ .....32 Low and Moderets Incom• Households ................. .....................32 Family Income Limits ....................... ... ..... .....................35 Diettlbui ion of Households by Incom• Category ...... .....................35 AbL11tY [o Pay ..................................... .....................37 Ae9lonei h,.ucln9 Nssd• Assessment .................. .....................39 Substandard Houainq ................................ .....................41 Overcrowding ....................................... ........ .. ...........41 Spscinl Needs Popu letlone ..................... ..... . .. ..................42 Minority Housaholds .............................. .....................42 Senior Cltizsn• .................................. .....................44 Large Femil iaa .............................. ..... .....................45 Single Parent Households ......................... ................. .. .. 67 Th• Olaeblad .............................. .. ... .. .....................49 Fe[mworkers ...................................... ................. .. ..51 Pa reone with AID9 ............................ .... .....................51 TABLE OF CONTENTS (COnt'd) Page No. H. HOUSING NHEDS OP TIIH HOMELHSS AND AT-RISE POPUI.ATION .... ............51 summary of Major Findings ............... ... ........ .. .............51 Charecterieties of the Homeleee Population . .......... .............52 Facility and Service Nead• of the Homeleee .... ..... .. ........ .. ...52 Memel lY 111 .......................... ... .......... .............53 Alcohol and Drug Abuse ................ ... .......... .............53 Domaat is Violence ....................... ......... .. .............53 Runaways .............................. ... ........ .. ........ .. ...54 At-Rick Populetion. ................... .. ... .......... .............54 Needs of At-Risk Populetion. ............... ... ....... .............55 C. PRO.7HCTED FVTURB APPORDAHLE NOVSI NG NHE09 HY EMPLOYMENT .............55 D. IMPLICATION OF MARSHY COND ZTIONS FOR HOVSING PROGMII9 AND STAIITEGIES ......................................... .... .........60 Narkst Conditions ................................ .. .............60 Lend and Construction Coats ........................ .............60 Financing ................................ ......... . . .......... .. 61 PART 3: HOUSING ASSISTANCH PROGRAMS ..................... .. ............. 62 Rental Aeeiatanca ............................. ....................62 FWeral A..istence ....................... ...... ...... ......... .. 62 other Rental ]lsslstance ................ .. .......................63 Ownership Aeeiatanca ................... .. .. ................ ..... ..63 Norigage Revenue Bonds ................. .. .......................63 Rehabilitation .............................. ....... ...............64 other AaeistW Housing ........................... .................6d Mobile Hama Park Rental Agtsemsnte ..... ........~.............. ..64 Candaoinlum Conversions ................... ...................... 64 Planned Communities .................. .. ........ .................65 Density Bonuses ........................ .........................65 Second Dwelling Vnlta ...........................................66 20 Percent Set Aside Funds ........... .. .. .......................66 Inventory and Service Pecillt iss for the Nome less .................67 III. THE PIVH-YHAA STMTEGY ........................................ ..........68 PART 1: MISSION/PR IORZTIHS/PAOGRAM9 ........... .. ......... ............ .. 68 Proceu Vesd to Determine a Strategy ... .. .. .......................6B Priorit lee end Programs .................. ....................... .. 68 Priority Hvaluation .................................... .........fi8 Priority Ident lficstlon and Action Plan .. .......................68 TABLE OF CONTENTS (COnt'd) Page No. Explanation of "O^ Priorit iea in Table 3 ........................76 Conaideta[ion of Thaee With the Worst Housing Situation and Those Eligible for Fedetal or Local P[eferencee .......... .......77 PART 2: EVALVATION OF RESOURCES ................. ............. ..........77 Available Public Aaeoureee ........... .. .... .. .. ...................77 Community Development Block Orent Program (CDBG) ................77 RedsveloperonL 20 Peresn[ Sat Aside Fund .........................78 Uee of Other Public Punda .......................................78 Private Resources ....................................... ....... .. .78 PART 3: ORGANIZATIONAL CAPACITY AND ROLES ....... ....... ................79 The Organizational Structure ......... .. ...........................79 Gape in the Delivery System and Plane to Pill the Vo ids. ..........79 PRAT 4: BARRIER/CONSTMINTS TO AFFORDABLE HOUSING .... ..................79 Land Uee end 2oninq ............................... ............... .79 euildin9 Codes and Enforcement ................ .......... ..........81 Aeeldan[iel Revises Proceee ........................................81 Schoole ...........................................................81 Development Fees ................................ ............... ...&3 Flood Protection ..................... .. ........... ................83 IV. THE ONE-YEAR ACTION PLAN ................... .. .............. .............85 PART 1: AESOURCBS ........................... ...........................86 Sources and Committment of Funds ................ ..................88 PART ]: TXE ONE-YEAR ACTION PLAN .......... .. ......... ..................85 PART 3: REMOVAL OP BARRIERS ................. .. .........................BB PART 4: NON ITOAING PLANS ............................. .. ................88 PART 5: CERTIFICATIONS ............................... ..................90 V. GENEfUL DEFINITIONS VSBD KITH CHAS .................. ....................9Z VI. APPENDIC83 - REQUIRED CHAS TABLES .......................................97 TABLES ANO MAPS Page No. Tab 1e 1 population Growth Trerd in Rancho Cucamonga Since Incorporation in 1977 .................................... ......... .. ........ .... ..5 Table 2 Pereone Pac Household, City and County Trends ................... .... ..6 Table 3 Ethnic Oietribution Percentages for Rancho Cucamonga 1980 ....... ......7 Table 4 Minority Concentration by Block croup 1980 ................ ...... ......7 Table 5 Percent Concentration of Racial/Ethnic Minorit iee by Cenaue Tract and Block Croup ..................... ............ ...... .. ......9 Table 6 Number of Pereone in Population by Racial/Ethnic Group ........ .. .. ... 12 Table 7 Percent Ethnic Dietribut ion eased on the 1990 Cenaue .... .. ...... .. ... 12 Table 8 Summazy of Housing Survey for Soulhweat Cucamonga June 1989..... ....,15 Table 9 Summary of Hou Bing Sutvey for Old Alta Loma June 1989 ........... .....16 Table 30 Summary Of Housing Campo sit ion 1980 and 1990 .................... .....21 Table 13 Housing occupancy and Vacancy Rata Trends from 1981 ............. .....22 Table 12 Vacancy Rats by unit type 1980-1990 ......... .. ......... ......... .....23 Table 13 Renter and Ownsr Occupied Housing Unite by Housing Typo 1980 and 1990 ........................ ............... .. .. . . ....24 Table 16 Average Homs Price by Zlp Code se of January 1990 ............... ....25 Table 15 Survey Aeeu its of Apartment Rents as of Januazy 1990 ............ .....27 Table 16 Assisted Multi-Pamily Rental Housing Units ................. .. ... .....29 Table 17 Vacsnt Uncommitted Ruidanilsl Land for the City ee of January it 1990 ........................ .. ............ .. ...... . . ....30 Table 1B Percent bistriDut ion of Lower Income Aaeldant^ by Block Group Based on the 1980 Census ...................................... .... .33 Table 19 HUD Income Ceisgorie Definitions ................................ .. .. .35 Table 20 1989 Eet Lmated Household Income DistriDution .................... .....36 Table 21 Houeeholde Spending Over 30 Percent of Income on Houeinq 1980... .....30 TABLES AND MAPS (COnt'd) Table 22 Current end Future Households Needing Aesietance . ..... ......... ......40 Table 23 overcrowding 1950 and 1990 ............... ..................... . ......62 Table 24 Minority Lower Income Households in Substsndard Housing ....... . ......d3 Tab la 25 Minority Lower income Households Requiring Rental Aeeiet once.. . ......43 Table 26 Tenure by Number of Household• 65 yaers or Older 1990 .......... ......44 Table 27 Number end Percent of Largo Pamilies by Tenure for 1950 and 1990 ........................... ................. . .....45 Table 25 Family Size by Income Category Riverside, San Bernardino, Ontario SMSA ................................................ . ......d6 Table 29 Single Maad of Hou whold by Aqe and Sax Paying More Than 30 Percent of Grass Income on Mousing 1950 ................ ............. . . .. ...48 Tnb le 30 Dletribut ion of DiseDled Population December 1989 .............. ......50 Table 31 Pro jotted Comnierciel and Industrial Nmuuhold Gsnetat ion at Buildout ................................................. . . .....56 Table 32 Potential Unit Development Through 1994 ....................... . . .....59 Table 33 Estimated Land Costs by District 1986 ......... ................. ......60 Table 34 Est Lmatetl Lantl Costs by District 1959 ......................... . . .....fil Tab la 35 School Psss for Commercial/Industrial and Residential Development required by Rancho Cu camongn School DLtrlcts •^ of May 1990 ............................................... ......83 Map I Percantege Minority by Census Tract ........... ................. ......30 Map 2 Percentage Minority Dy Block Group ............ ................ . . .....11 Mep 3 Cammuni[y Development Block Crsnt Target Azeas ... .............. ......14 Map d Southwest Cucamonga Survey Araa ............... ................. ......18 Nap 5 Old Alta Lome Survey Area ........................ .. .. .......... ......19 Map 6 Average Hama Price by 21p Coda es of January 1990 .............. ......26 Map 7 Vacant Uncommitted Residential Lend As of Jenuery 1, 1990...... ......31 Map 5 Percent of Popu Latlon less 80 percent of the Median Incane..... ......34 x. xRxaobvcsxoR Tit la I of the Natiennl Affozdab la Housing Act sat eb lished the requirement chat State and local governmanG whLeh apply for direct auletance under certain HUD programs have a housing strategy which hae been approved by the Department of Housing and Urban Development (HUD(. The Act aUo applies to applicants ocher than sit ice, that in order io obtain federal fund Lnq, moat include a cart Lf ication of cons iatency with the approved now in9 strategy for the jurisdiction Ln which the proposed project will W located. This required noosing etzeggy hu Wan identified as the Comprenensive Housing Affortlability Strategy, vwn iypLeally known as CHAS. CNAS ie a compraheN ive planning doeunNnt wAleh idmtifiw overall housing nwds for affordable and supportive hcusing and outlines a strategy io addnw Chow nwds. TW Act squires CHAS to contain fourteen elements that dsscriW the jurisd ict ion•• hcusing needs and market conditions, sot oui a Live-year Rrategy which eRabliehas prloritiu for meRing thow needs, identifies rescurcu anticipated to bs available for iM provision of aEtordable and supportive housing, and establishu • snort term invesimsnt plan that, on an annual hae is, oui linty the intended uws of tM resources. CNAS nplaew tM Xousing Meistsnce pLn (HAP) previously required for Co®unity Development Sloek Grant Ptogtam ending (CDNG) and the CompnWesive Homsles• Ass ietanq Plan (CHAP) required by the McKinney Homelos Aesistanee Programs. Much of the information contained in CHAS L bawd on tW City of Rancho cucamonga'• wnsrsl Plan, and more apeeifieally, the Nousinq Slsment. Both pLne look at the overall housing nwda and neoumes in the oomaunity and drvslop tiveyesr strateglss to identify ways in whLeh to mesa thou nssds. Howeves, wnsn tW Housing 6lsawnt evaluates the housing nssds of the community w • whole, CHAS focuws on housing nssds end cervices for low and modsraU Lncame houwholds and special nesde populations. PYOCe es to Develop CHAS The procea• Lnvolved Ln dweloping the CHAS required the involvement of various City departments ss v»Ll es contact with various SCRs, County and Social Service agsnciu ae a means to acquire adequate data and information for the eoemunity profile aessument and resource delecminstion. Additionally, although direct lnvolvsment of tM City'• Houdng Tuk lore wes not provided dos to tW limiud alms frame for completion of this docuvlsnt, conment^ and conceses gesesaUd es • result of tMLr recent involvement with development of the Rsdsvelopmsnt Agmcy'• AftordabL Housing StraGgy Men Lncorporatyd. in addLtion to data acquisition, the City nu coordinated with other agencies toward suiltinq 1n tW preparation of tWLr required Housing 9tntegies. In particular, the city furnUhed requested data to the County of San Bernardino and ones adopted, tW City will sand • copy o[ their approved CHAS to tW Stets OtEice of Houslnq anC Community Development (HCD(. -1- Citizen P t' .+.~+~.. Section 91.40 oP Subpart D in 24 CPA, Pazt 91 of the Interim Rule regarding the comprehensive Housing Affotdabll ity Strategy requires that a jurisdiction mu et take steps to ensure that adequate citizen participation i• echiaved. To achieve this end, notice of the availability of CHAS for public review and content was published in a local paper of general circulation, the Inland valley Dail Bill ti The naiice contained a eumnary of CHAS which included a brief stata:oent of the content and purpose of the Strategy, listed the locations whets copies of the entire strategy could be examined, and gave the beginning and antling dates for the required 60-day review period. In addition, the Clty Council held a public hearing at which Lime they evaluated rho document, any written commant^ received during the review period and public testimony prior to atloption of CHAS. 1990 Ce e D to Limited amounts of intormation free the 1990 census ate now available. Thi• Lncludes such Lnformetion ere population, households, ethnicity, age, and tenors. The City will use that information which it feels io M rsl Lable, each as household data. I nformatlon conslderetl to be unreliable by the City lncludu population deter wn ich is caneidered to De incorrect dos to undercount lag, pattlcularly in arses wLth aignificent concentrations of minotit ias as in the southern portions of City. To testify UL information, the Clty is joining with the City of Los AngQes In a lea suit to contest the censers population figures. Meihodolow and D e S The methodology used for compilation of the Community ProfLL pet ion of this document included: 1) Anelysi• of data from published sources including the city of Asncho Cucamonga'• Xoueing Blement and the Redsvslopmsnt Agency's Affordable Housing Strategy; 2) Personal telephone interviews with public offlclal^ and reprasontat ivec of verioue social service agencies and organizations; 3) Previous surveys, reports, and other data available frpa the city of Asncho Cucamonga. The pub llshed data, reports, sad interview information rsprepnb tM bpi availsble sources of infotmat Lon currently avaLlaDle. The data utilized has boon localized to rho Clty of Rancho Cucamonga and pnpnGd Eor the most current year available. ThL may mean that 1900 date is still being utili:ed where other mots reliable Lnformation i• not available. Dat• for ewluation of specLal npds wu often not available In a publ Lhad form and we• often provided verbally over the phans. The ova ilsble published and written data sources utilized include the following: - Ths 1980 Census - Population end xousehold Chszactertstlcs. - Tha 1990 Census - The eight-page Sumaary Tape Plls of Population end Xoueing provided Dy the Southern California Assoclat ion of Governments (SCAG). - U.S. Department of Housing sad Urban Dewlapment'• Msdlan Family Incomes sad Housing Income Limits. - TRN Reei Estate Information System's Lend end Home 9elss Pr ices. - Tha City of Rancho Cucamonga'• Noualnq Element. -2- - The City of Rancho Cueevwnga Redevelopment Agency •• AtfardabL Noueing Strategy for Vee of th+ 20 Perc+nt set-Aside Fund e. - The Southern California Ae+OCiation of GovernnN<nts' R+viaed R+gional Hou+in9 Nead• A++ae+mant of D+cember 1988. - The City of Rancho Cucavan9a'• Housing Aaeietanc+ Plan. - San Bernardino County's AIDS Ptogram Report. -3- u. co~wtixlTt paorfis The purpose of thin section 1• to review the current housing neada, conditions, antl resources within the City of Rancho Cucamonga to the extent possible. A demographic profile Of the City's population, housing, income characteristics, and spacial neada establishes the foundation for evaluating current housing needs in the City. Compariecna of current Conditions with 1980 date provide an indlcat ion of resent and potential future trends. PART 1 Ile k t M 1 's ad Ip st The market and inventory analysis susmarizes the projected trsnd• Ln population, household formation, available public and private Dousing as well as the characterist ice of income eligible famil iee, the homeless and otDers with spacial needs. BummarY of Haior Issues - The proportion of minority popu lei ion in the City 1• Lncraaaing. Up Ergo 11.3 percent in 1980 to 31 percent in 1990. - Tha noosing stock i• in generally good condition. However, there are ovaral areas with concentrations of older Dousing. In addition, !hers are arse wish small lot single family dwelopmsnt Dullt in the last 10 years that are showing signs of dstsriorat ion. - Vacancy rates have fluctuated greatly as nnv product has come on-line, which is typical in newly dwslopsxtnt cities. Ths 3990 CMN• found t vacancy rate of 15.7 percent Eor multi-family units (5 or more units) and an average of 5.5 percent for single family. Ths higher multi-family rate was primarily due to enumerator error. - The proportion of multi-!amity housing stock 1s continuing to increase and represents approximately 35 percent of the noosing stock at build out. - Mobile hangs represented only 3.8 psresnt of tDs housing stock in 1990 end many of them are older and in need of [spats. - ownership of the housing stock Des decreased from B3 percent mince 1980 end now rsprassnL 70 percent of the Dousing stock. - Housing coats in the City ere high for both owner occupLd and ranter occupied unite. coat of owner accupLd housing i• generally higMr than for San Bernardino county a• a whole. Rents In Rancho Cucamonga are generally higher than the HW fair market rsnb by approximately 19 percent [oc 1 bedroom units, 17 percent for 2 bedroom un1U, end 7 percent for 3 bedroom units. - Rancho Cucamonga houuholds have raLtlvsly high incomes in eompar Lon with tM rest of Sen Bernardino County. - Ths amount of absentee ownership L incrusing in the Northtown arse, whsp there was once a cohuivs neighborhood structure. - Thera are a total of 11 pro]ects that have 79B of focdabls units reserved that are et-risk of converting to market rote rants. -a- yemocraohice Population The population of the City of Aancho Cucamonga ne of April 1, 1990, was set imated to be 101,409 by the Federal Ceneu e. Table 1 shows the City's ennunl popu let icn increase since incorporation Sn November of 1977. The City's population has increased approximately 127 percent since incorporation and the growth hoe accrued at an annual average rate of 7.2 percent over the last 12 years. The greatest population increase occurred from 1975 to 1980 when the average growth rate per year was 22 percent. A second peak occurred from 1986 through 1986 during which time the population increased from 73,780 to 94,614 at an annual average rate of 12.9 percent. An Ltem of special note involves the recently released population fiqurea Eor the 1990 federal census. Rancho Cucamonga believes that the City's population has been significantly undercounted in bath newly developed portions of the City at well ee in older, minority ereae. Therefore, the population dhows as a net decrease from 1989 to 1990. However, the City has not loot population during this time period. TaNLN 1 POPULATION ORONTN TRmED IN RANCNO CUCANONOa eINCN INCORPORATION (MGVa7m6R 1977) Ywr Powlstios ~ 2ac roue 1978 44,600+ f 1979 49,540•• 11.0 1980 55,250••+ 11.5 1951 56,687 2.6 1952 58,662 3.5 1983 59,935 2.2 1954 61,742 3.0 1985 65,695 6.4 1986 73,750 12.3 1957 80,420 9.0 1988 94,614 17.6 1959 105,292 11.3 1990 101,409+•• -3.7 Average Increase 7.2 Average Tncreaae Over Lset Four Years 10.4 • City of Rancho cucamonge's estlmntad population •• City of Rancho Cucamonga's Special Gneue ••• Federal Census All ocher figures, State Department of Pinanca -5- An interruption in thi• oiharwiee steady growth pattern occurred in the period from 1980 through 1984 when the growth rate declined dramatically to a yearly average of 2.8 percent. Tha City ie currently experiencing a second growth rate reduction which Le generally belLeved to have begun in the second half of 1990. Thi• decline ie attributed io the general econwoic recession that the entire nation is exper sane ing. Based upon the City's vncant land survey completed in December 1989, the projected build-out population for Rancho Cucamonga, aeauminq 2.9 peraone per household with a 5 percent vacancy sate, ie eat imeted to be between 157,079 and 163,228, aeauming 50 percent and 75 percent development deneiiiee, respectively. It i• likely that the City will noL teach build out until sometime after 2010, probably closer to 2015 or 2020. This ie due to the inevitable slowing of development that will occur as more easily developed land ie built out. Permve Per Household According to the 1980 eensus, [here were 16,989 households In the City, or about 5.5 percent of the County total. Tha average number of persons pot houaahold was higher in the City (3.3) than the County (2.82). Table 2 shows Lha number of persona per houeehald in the Clty and County Eor the last 10 years. As can W seen, the role for the Clty and County has stayed Esirly eonstani over this time period. Rancho Cucamonga'• slatLwly large and steady hawehold •ize L largely attribuUd to the foci that many families have been attracted by the City'• competitive housing Dricae and largely single family housing mock. TAAL6 2 P6RSON6 PNR NOUa6NOLD, CZT7 AND COVNTT TAAID6 Year cit. of Naacho Cucaaoaea Couat~ of aay lernardiao 1980 3.03 2.82 1981 3.24 2.A2 3982 3.32 2.87 1983 3.30 2.85 1906 3.31 2.86 1985 3.28 2.86 1986 3.25 2.87 3987 3.17 2.83 1988 3.16 2.82 1989 3.22 2.86 Source: State Depe[tenant of Pinenca The 1990 Ceneu• itlentLf ied a persona per hODUAOld rat to of 3.01 however, the City feels ihi^ number i• low due to undercounting, particularly in arena with significant concentrations of minoritlef in the eoutNrn part ion of tae Clty. As • result, the City of Rancho Cucamonga i• Sn the procau of joining with tM City of Loa Angalu In a lawsuit to contest the cenau• population figures. -6- The 5ouihern California Agocistion of Governments )SGG) eatimaia• thai Decauee of the aging of the population and the decrense in the average household •izs of eosw ethnic groups that the rogion'• average household elza will drop to 2.69 by the Year 2010. As a result, SGG aLo predicts Lhat household eixe for Aancha Cucamonga will drep to 2.9 parsons per household, asswoing a 5 percent vacancy rate, Dy 2010. EtDnicity The moat accurate profile of Lha people who make up the Aancho Cucamonga coamunliy ie the national Census. ThB 1980 census information indicates that the City ie comprised of the following ethnic and racial groupings: TAAIJS 3 ET@IIC OIBTRIEUTZOE PEECmITAOEE POR AANCBO CVCAMONOA - 1980 Asian/ bkiao/ Pacific satiss X~i t~ g3,~ey siswaic isiaadsr 7Wriwa OtAer 78.7\ 2.1\ 16.3\ 2.2\ 0.5\ 0.2i TAELS e MINOAITf CONCESTAATION 0T ELOCR OROOP - 19 E0 Percentage Csasus Tract Eloek Orouo NivoritT 21 4 74.6 11 1 37.8 21 2 34.0 Z1 3 32.2 22 3 27.7 13 1 27.4 20 9 22.1 Source: 1980 Ceneu• _7_ Table 4 provides a profit of the ethnic concentrations ae they era distributed among the census tract block groups within the City. An can W Been from Tables 4, only one block group contains a population which is over 50 portent minority. A total of seven block groups, which together mcompaaus 33 percent of the total population of the Clty, have minority populations of more than the citywide average of 21.3 percent. Theca eevan block groups, se indicated below, tangs from 42.1 percent to 76.6 percent minority. A complete listing of the patcentagas of minority groups as they are dirtribuLtd among the census tract plock groups which make up the Clty le provided in Tablas 5 and 6. A map of the City indicating the boundaries of the city's census tracts and concentrations of racial/ethnic minorities is provided in Naps 3 and 2. The ethnic 6reekdown Eor Rancho Cucamonga bued upon the 1990 Census (aa shown in Table 7) indicaGS an gpproximataly 30 percent overall increase Sn conemtrstione of minorit isa in the City with the increases occurring in each of the minority groups except Native American end Other. Nowavsr, ae pravioualy mentioned, Che city feels that much of the minority population in the City was undercounted and Chat the 1990 information ie not entirely tellable. -e- TRBLR 5 PNNCBNT CONCRPIRATIOM OP RACIAL/ETBNIC NINORITINS BY CENSOR TRACT AND BLOCA OAOVP AAA CLNS08 BL O OCK ~p 7IC ORdR) ASIAN/PAC RREIMO/ 0008.02 1 84.Ot 0.01 12.11 2.7t O.Ot 1.2t 0008.02 2 92.Ot 2.Ot 3.81 1.81 0.3t 0. St 0013 1 72.61 2.6t 22.6t 1.71 0.61 O.Ot 0020 1 81 .8t 3.71 13.61 1.1i 0.01 0.01 0020 2 81.61 3.41 12.11 2.01 0.81 O. It 0020 3 83.Ot 1.21 12.81 2.61 0.3t O. It 0020 4 85.21 1.91 9.3t 2.91 0.41 0.31 0020 6 88.31 O.Ot 11.7t O.Ot 0.01 O.Ot 0020 9 77.91 1.3t 19.31 0.81 1.Ot O.Ot 0021 1 62.St O.Rt 35.41 0.41 0.9t 0.31 0021 2 66.Ot O.Ot 27.91 4.Bt 0.61 0.61 0021 3 67.81 4.71 26.1t 2.1t O.Ot 0.41 0021 4 26.6t 7.Ot 66.4t 2.Ot O.Ot O.IIt 0021 9 0.01 O.Ot 0.01 O.Ot 0.01 0.0\ 0022 3 72.31 O.Ot 27.71 0.01 0.01 O.Ot 0022 9 100.01 0.01 0.01 O.Ot 0.01 0.01 0092 2 O.Ot O.Ot 0.01 O.Ot 0.01 0.01 TOTAL 78.71 2.1t 16.31 2.2t O. St 0.2t _g_ w • w ~, ~~ ~a U 0 o [r ~ ~ ~ WF V~ F~ z~ ~Wz U ~ 0. 0~0 q u o [ rzt F a a z w a ~' v ~ 8 ~ 8 .•.•.• .. ... •.':•.•. '~'.:.1s':.'.~:.' •.•..'.t7.':..•.• .. ..,...1.. ~. • ~~ ~ . ~ . ~ : . ~ ~ ~ ~ ' ~ ~ ~ ~ ~ ~ ~ ~ .• ~ w • ~ • ~ ~ ~ • • ~ w • ~ ~ • ~ ~ ~ -10- N W 'a O m N H 2 W V O O O .~- ~~ •. N A O O j ~ J I_ • ' ~ ~~ I I ~~~~ U O U ~ 1::11~.J ~ ~ ~ ~' C G ? ~ 00 O N t~ V ~ M M N N N y y '~ ~ ' t f l wa W W a F ~ ~~ N z O W a .., N n; fn .-. a a z U ~, CO 7 c I~1 ~ ['1 N N N N N ~ N -11- N e 0 Q U z O ¢z UO ~~ U~ O~ UU zz ~z `z ~~ ,. ~- TAHLS 6 NVI®RR OP PNRSONS IN POPVLATION BY RACIAL/6TENIC OROVP CENSVS BI.C TRACT ORC 0008-02 0008.02 0013 0020 0020 0020 0020 0020 0020 0021 0021 0021 0021 0021 0022 0022 0092 TOTAL ry'fjQ7IC ORODP CR ASIAN/PAC. RBRINO/ TOTAL UP NHITR SLA HISPAN C RSO S 1,377 0 196 d5 0 19 1,639 1,881 41 77 30 6 10 2,045 846 30 263 20 7 0 1,166 1,866 84 307 24 0 0 2,281 8,517 356 1,268 208 79 13 10,441 I 6,624 96 1,025 204 26 5 7,979 l 10,632 233 1,164 360 53 43 12,685 113 0 15 0 0 0 128 ~ 4,748 78 1,173 33 60 0 6,092 1,623 22 923 30 24 7 2,609 2,367 0 1,001 173 22 22 3,$85 I 2,240 355 829 68 0 14 3,306 2d2 66 618 19 0 0 965 ~ 0 0 0 0 0 0 0 408 0 156 0 0 0 564 ~ 30 0 0 0 0 0 30 7 0 0 0 0 0 7 43,521 1,161 9,017 1,194 276 133 55,302 TA6LE 7 PRRCRNT NTBtlIC DIeTRIBVTION BASBD OM THE 1990 CRISVB AASe0/ Nekiao/ PecifiC Netiq X61te Olack Nieoaaie Ielauder 11~ericaR Other 69\ 5.6\ 20\ 5.2• .42\ .15\ Ecueinc Stock Conditions Based upon the 1990 census, the City of Rancho Cucamonga had 36,367 dwelling units as of April 1990. Eighty-six percent of the City'• hone Lng stock, or 29,254 unite have teen constructed Blocs 1970. Since 1960, 94 percent of the totelr or all but 2,25D dwelling unite in tM City had been constructed. -12- As a re Atilt, the general condlt ion of the Ciiy'e houeing stack is very good. Map 3 dhows four specific dress where older unite in need of rshabil itet ion are moat likely to occur. This information can ba used to target areas for the City•a rehabilitation progtame. Through rehabilitation and maintenance programs for low and modernie income households, the Clty can help to melntain the currently sound condition of Lhe vast majority of the houeing stock. The City has designated several of these locations ae existing or potential rehabilitation target areaa under HUD'6 community Development Block Grant (CDBC) program. Tha intent of CDBC-funded programs is to maintain the Bound condition of the older houeing stock in these areaa. Map 3 depicts the location of five existing and potential rehabllitat ion targaL nreas: • North Town (Old Town) Nast " North Tow (Old Town) bast • Bouthwe ei Cucamonga " Old Alta Loma * Poothill/et iwanda The North Tow target azae qualified as n CDBC target area baeod on 1980 Ceneue statistics. This eras has Man the focus of block grant funded community services and public improvement programs, such se street rsconseruciion, over the past aavaral years. Beeed on diecuesions with Ne Aedevslopmsnt Houalnq Task Porce memDera, other iuuea that affect tM North Tow aru include s trend toward abuntse ownership ns previously over-occupied unite are sold to aut-of-Lawn property Owen Go M uud as rental units. This trend rates issues of concern relating to the stability of the neighborhood and the on-going maintenance of rental unite. The Teak Bocce has suggested that programs aimed et maintaining and increuinq homeowershlp !n UL area would be beneficial. The Southwest Cucamonga target area hu alw been cart Lfied by NUD as eligible far public Lmprovemenb. TDL arw will De CM focus of community wrvica end public improvement projects over tM next few years. The North Tow and Southwest Cucamonga arena are eleo eligible for houeing rehabilitation end other programs offered 6y HUD. -13- 1 A `, O p ' N -._ neai~ .. _._ tl Y W 0 Q Z UO Q f. H H N "'aiaa Q W W Q ~U(CQ l0 C O m N ~ b ~WUAm e c _ 0,3 33mJW 1°F 3:°= L t « Q L O O O ~ zZV~0u. ~amvu> N N r N 'N U A H N N N N C C N m .~ N Ca c m ~U 0 o mo ~rn ~ ~ o N d 1 C N 1 ~j a M r ~~ ..1 N O ~r ~ `.J.. -lr- TABLE 8 SNIXARY OF NOVSINO BVRVEY FOR SOUTHNBST CUCANONOA - ,IIiN6 1989 Percea! Nueber of Total of Vnit• Upit• RESIDENTIAL LOTS Developed 643 99.2\ Vacant (1) D•e\ Total Lote 647 100.0\ 80USIN0 UMITS BY EOVSINO TYPB Single Family 618 90.4\ 2-4 Vnit Structures 45 6.6\ 6~ Unit Structuree 7~ ~~\ Total Housing Unite 684 100.0\ YE11R BUILT (AOB 0- STRUCTU116) (2) 1939 oY EetlLer (50 years or More) 30 4.4i 1960 to 1949 (40 to 49 Yenre) 184 16.9\ 1950 to 1959 (30 to 39 Years) 276 40.1\ 1960 to 3989 (20 to 29 Yeara) 183 26.8\ 1970 to Pteeent (19 years or Lees) ~ 1. 9\ Total Noueing Unite 684 100.0\ VACANT HOUSING VNITB 6 0.91 N11./OR REPAIR NEEDED (3) 9 1.3\ MINOR REPAIR NEEDED (4) 101 14.9\ YARD MAINTENANCE NEEDED (8) 248 36.3\ (1) Two of the five vacant lots era currently being developed. (2) Aga of structure set Lmatod based on nrchitactural style and phyoical condli ions. (3) Refers to rahabilLtat ion covering nt leeet 50 percent of the structural element and requiring a building permit to undertake. (4) Refers to need for correction or work by the homeowner at minor expense where building patmLt L• not needed. Most cortmon repair neadod i• new paint or exterior maintenance. Other repairs neadod include nee doorsr roofs and uindowe, (5) Based on aeeeeement of condition of landocaptng. fancu and yards. A number of units also hnd wrecked. inoperable vehicles or other open storage in the yards. Source: Micheal Brandman Aeeocletee field wrvsy; Clty of Rancho Cucemonge Plennlnq DSVL IOn; Wi111amrRUaDalback G Auociatae, Inc. -15- TAHLE 9 SVNMARY OP EOUSINO SURVEY FOR OLD ALTA LONA - JUMB 1989 Psrwnt NueDar of Total Of Vgft• Ugit• RESIDENTIAL LOT9 Developed 156 96.9\ Vacant (1) 5 3.1! Total Lota 361 100.0\ 00VSIN0 UNITB BT EOUSIMD TYPE Single Family 144 78.7! 2-4 Unit Structures 36 18.6! 5+ unit Structures 5 2.7\ Total Housing Unite 183 100.0\ YEAR BVILT (A0E OP STRUCTVIIE) (1) 1939 or Earlier (50 year. or Hore) 12 6.6! 1940 to 1949 (40 to 49 Years) 38 20.8\ 1950 io 1959 (30 to 39 Yanrs) 50 27.3\ 1960 to 1969 (20 to 29 Yeara) 60 32.8\ 1970 to Pre Bent (19 years or Less) j~ 12.6! Total Housing Units 183 100.0! VACANT HOVSINO UNIT9 5 2.7\ MASOR REPAIR NEEDED (2) 33 15.0! MINOR REPAIR NEEDED (3) 57 31.1! YARD MAINTENANCE NEEDED (4) 22 12.0\ (1) Ara estimated by tisld survey Daead on srchitactural style and physical condition. (2) Rsfare to rehebilitat ion covering at 1sasE 50 pecesnt of the struc tural element and requiring a Dulldinq permit io undertake. (3) Aefara to need far correction or work by the homeowner at minor expense where building permit is net needed. Hoot conmon rapeir n eeded is new paint or exterior maintanencs. O[har repairs needed include new doors, roofs and windows. (4) Baaed on nsssssment of condition of landscaping, fences antl yards. A number of unite also had wrecked, inoperable vehicles or other open storage in the yard e. Source: Hichael Brandman Associates field survey; City of Rancho Cucamonga Plenninq DSv Llon; Williams-EUSbalbeck G Associates, inc. -16- Noveing field surveys were recently conducted in the Southwest Cucamonga and Old Alta Loma arena for the City's Planning Divie ion. Theca surveys were conducted In older to investigate whether a need eziete in these areas for designation as rehabilitation target areas. Ae mentLonad above, the Southwest Cucamonga area has been certified by HUD while the Old Alta Loma area is being considered for futute revitalization efforts. Survey re eu lte are summarized in Tables S and 9. The boundaries of the survey areas for Southwest Cucamonga and Old Alta Loma era shown on Nape 4 and Sr respectively. In evaluating the age of the structures, only 15 percent of the total houeinq unite in the City were 6ullt prior to 1970, but about 98 percent of the unite in Southwest Cucamonga end 88 percent of the unite in Old Alta Loma were built during ehi• i1mB period. Moreover, about 31 percent of the unite in Southwest Cucamonga and 27 percent of the unite in Old Alta Loma were constructed prior to 1950, and thus are nearly 60 years old. TeDle a eummarizee the reeulte of the housing survey for the Southwest Cucamonga area. The survey indicated that few etructuros raga ire major repair (1 percent), as indicated by the exterior condition of the units only, but a number nob minor repair, such ae new paint, doors, roofs, ar windows (IS percent). Yazd maintenance appears to be more Of a problem than structural deterioration wLth an estimated 36 percent o[ units requiring maintenance of landscaping, fences, and yards. Singl• family unite era the predominate Gyps of housing in CM Southwest Cucamonga area, accounting foc more Ghan 90 percent of the unite surveyed. Table 9 summarizes the reeulL of the housing survey for tN Old Alta Loma area. The survey ehowe that this area is also primarily developed with mingle family unite (79 percent), although there are also a numbs[ of two to four-unit structures (19 percent). A eignif Scant ly larger share of the vnlt• Ln thi• area require major repairs Lnvolving more than half of the etructute (1B percent), with minor repairs indieatetl on an atlditionel 31 percent of the units. Poor yard Conditions era considered to pose lea• of a problem in old Alta Loma, with +n ast lmeted 12 percent of units requiring yard meintsnance. eased upon Lnformation contained in Table 28, which was taken from the eLty'a three-year HAP, there is currently a focal of 646 uniu LdentiEled as substandard in the city, which rspresani^ approximately 1.8 percent of the total housing unli• ae of April 1, 1990. ThL Se generally eonsietsnt with the 1980 Census in which dwsllinge without heating or plumbing reprassnted only 1 percent of the City'^ housing stock. Unite are considered to W substendartl Lf they do not meet the rsqulramenis of the Housing Quality SCnnderde of the Section B Rental Asslstsnce Program. of the total number of substandard unlu, 538 or B3 percent are LtlantlEisd a 6sinq •uita6l• for rehabilitation. Housing units era gsnerslly considered suitable for rehabilitation if they era structurally Bound entl the cast o[ reheb111tatlon will not exceed the lower of the following measursn 80 percent of rsplacsmant coat of the unit/structure. BO percent of the market velw after rehebiliiet ion. An exception may be mode in the cees of local hletorlc landmarks. -17- ~ ~~: D° G't tt ~ra~~~ ~~ . ~ W W ^i O U' ~~ ' NORTH MAP4 SOUTHWEST CUCAMONGA SURVEY AREA Arse Surveyed ~ ~ ~ Street Improvement Areas l~ ,- ~ i _lA_ ~'" 9F UIE NOD NORTH MAP 5 OLD ALTA LOMA SURVEY AREA a Area Surveyed _Iy_ Rauainc ILnits. and Comooeiti Table 10 repreeenes the distribution of housing unite by type and the number of unite per structure. Ae shown, single family housing wntlnuea to be the predominate housing type in the City, although multi-family unite (5 or more unite in structure) have accounted foz a aignificani share of new unite added, particularly since 1985. Ae a result of theca recent trends, single family homes currently comprise 74 percent of all housing unite, down from 84.0 percent in 1985 and 86.5 percent in 1980. In contrast, multi-family unite have increased to 18.7 percent of all unite in 1990, up from B.0 percent in 19 B5 and 6.2 percent in 1980. Multi-family housinq typically provides the largest source of both rental and affordable homeownership opportunities in a community. The estimated number of mobile homes in the City increased slightly between 1980 and 1990. while the actual number of mobile homes hne only changed Blight ly over the past decade, the percentage of the total housing stock represented by these units nee declined fzom about 5 percent in 1980 and 1985 to 3.8 percent currently tlue to the rapid increase in other housing types in the City. in order to preserve this type of affordable hcusing in the City, Dlock grant rehabilitation grants have Daen focused on mobile homes. Number of Bedrooms Regarding the number of bedrooms per unit, the 1980 Census indicated that the majority of unite in the City (13,500 - 76 percent) had either three or four bedrooms. Fifteen percent of the unite had two bedrooms, while 6 psreent had one bedroom. This information has not yet been provided for 1990. -YO- ~ ~ x 61 P ~ j i y ! ~I oI I z ~ n ~I ry ^ P ~ ~ n ~ C P O JJ n ~ (. a a 9 0 M p h W ' w gg n pp n ~ n y Z P 7 p V Z I pp F m m n m K ` P ' O O ~ = , L }j J q 6 F O ~ ~ ry ° m p % ^ .1 ~ e N ~ 8 3 i ^ ' rv rv Y y C C u Y oY F V rv V 0 O 0 O ^ C , _ P 9 ~ 4 U q G a m a ~ q e _ - 9 q O 9 G q U V O m 1q F n C M wl q q 6 a ~ ~ N a ~ Oi N 4 _ ~ ~ ~ ~ P w a 0 ~ q ~ O o C4 ~ O N N N i F N -21- Houeinc Unit Vacancv Table it ahowe the number of occupied housing unite in the City and the overall housing vacancy rnie Eor the years 1981 through 1990. Vacancy rates tend to he reflective of new construction activity fls the rates tend to decrease during peziods of low growth, as in the years 1982 ihzough 1984, and increase during periods of rapid growth, ae in the years of 1985 through 1987 when the average yearly Lncreaee of new dwelling unite was 14.6 percent. The overall housing vacancy rate for the Ciiy wns eat imated as 5.97 percent in 1989. eased upon the 1990 Ceneua, the vacancy raie has bean estimated nt 7.5 percent. However, Rancho Cucamonga doers not feel this number is reliable due to undercount ing of the population during the Ceneua. TABLE 11 BOVSINO OCCUPANCY AND VACANCY IGTB TRBNDS PROM 1981 Ysez Tolal \ Inersaw OeeuoiW Vacant ~ 1981 18,257 2.3 17,424 4.56 1982 18,505 1.35 17,894 3.30 1983 18,655 0.81 18,056 3.21 1984 19,205 2.9d 18,563 3.34 1985 22,190 15.54 19,892 10.36 1986 24,438 10.13 22,664 7.2fi 1987 28,949 18.45 25,270 12.71 1988 31,665 9.38 29,BB4 5.75 1989 34,449 8.79 32,391 5.97 1990 36.367 5.56 33rfi35 7.5 Average Annual Percent Inexsaee 7.53 Average Annual Percent Increase Over Last Pour Years 10.55 Source: State Department of Pinance and Fedezel Ceneua _22_ The Federal Ceneue does include information on vacancy rat ee by dwelling unit type. Ae shown in Table 12, mobile homes have coneietently had the lowest vacancy rate, 3 percent in 1990. The vacancy rate for single family, bath attached and detached, averaged 5.5 percent. The vacancy rate for multi-family unite decreased, except in the category of 5 or more unite which had a vacancy rate of 5.7 percent. TAAL6 12 VACANCY NAT6 BY VNIT TYPE 1980 ANO 1990 Unit Tvw Occupied Vsits Vacant Vnita Vwaaev IUte 1980 1990 1980 1990 1980 1990 SF Detached 14,447 24,534 728 1,387 5\ 5.49 SF Attached 192 2,241 58 133 248 5.68 2 Unite 88 96 7 5 78 5.08 3 6 4 Unite 279 1,168 33 96 118 7.fie 5 or more unite 1,085 6,766 28 1,061 38 15.78 Mobile Homes 888 1,372 6 43 18 3.08 Source: Federal Ceneue The vacancy race for multi-family unite (five or more) was 15.7 percent at the time the 1990 Ceneue was taken. This high tote may be due to fectore such ae new proj ecte that were recently constructed end enumerator error. For example, in the larger apartment complexee~ there is concern whether care was taken to qo to every unit to verify occupancy. An apartment survey taken by staff Ln January of 1990 found an average vacancy rate of 8.4 percent, and this included four apartment projects with vacancies over 15 parcenL. The reason for the high vacancies at thst time were the result of special circumetences each ae new end/or epecielired apartments (seniors). owner/RSnter Charecterietics Table 13 illusiraies the distribution of renters and homeowners by housing type Ear the 1980 end 1990 census. Owner occupied units account for the majority of the housing stock, although the extent of ownership housing hee decreased from 83.0 percent in 1980 to 70.4 percent in 1990. This is due to a eignlf icant increase in rental housing stock, particularly in the category of five or more unite. Of total rental unite occupied, those in the five or more unit category have increased from 30.1 percent in 3980 to 55.2 percent Ln 1990. Moreover, while the percentage of centers occupying 5 or mars un It structures hee increased, the chats living in single family detached housing has declined. -23- These figures indicate the^_ Aancho cucamonga'e growth ie following a standard pattern of residential development in expanding urban areas. That is, the predominance of single family development occurs early on in a community's growth, to De followed by multi-family inf ill. Social and economic forces generally drive this pattern of development. TABLE 13 RENTER AND OWNHA OCCUPIED HOUSING UNITS BY HOUSING TYPE - 1980 AND 1990 Owner Occupied Revter OCeuoiad 1980 1990 1980 1990 Hoviva Tava Nuebar Perceyt xueber Peruvt ~!E percevt !~= parcavt Single Family 11,381 91.11 20,219 85.91 1,364 53.01 2,928 29.61 Detached Single Family 175 1.41 1,842 7.81 Attached 6 2-4 Unite 5 or more 225 1. Bt 234 .94 Unite Nobile Homes 7~,~ 5.71 1.256 5.3• Total 12,493 1001 23,551 1001 350 13.61 1,429 16.61 775 30.11 5,671 55.24 6~ ~.7t 73 71 2,559 1001 9,901 1001 Percent of Total Occupied Unite 12,493 H3.Dt 23,551 70.41 2,559 17.08 9,901 29. Ot Coate Associated with Housin0 Owverahip Houeioq Along with other coat of living increases, the coat of housing hoe gone up since 1980. In a huyer profile compiled by Grant Western Ranl EtLate, 1t wa• found that the median monthly payment of a new home purchased in Rancho Cucamonga in 19H9 through their company wns 51,200. This represents an increase of approximately 115 peresnt since 1980. Hosed upon information compiled by TAW Reel Estate Her kat Information Service, the average house price in Rancho Cucamonga for 1989 wee $170,927. Thl• figure inc lodes new and resale condominium end single family unite. For the month of January 1990, housing sales for new end resale homes in the Ontario, Upland, China, and Rancho Cucamonga area showed an average sales price of $211,537. In thi• same periotl, the avorage price, by zip code, varied from $151,818 in the Etiwanda area (91739(, to a high of $236,540 for Lha north Alta Loma area (91701. -24- TABLE 16 AVBRA06 H0105 PRIC68 BY EIP CODE AS O} JAMIARY 1990 Eio Codv Awragy Price 91701 $236,540 91730 5181,097 91739 5151,818 Overall Annual Average Homv Prioe for All Three Zip Codu For 1989++ $170,927 + Inc lodes the Bale of new and exit ing single family homes and condominiums during the month of January 1990. *+ Snclutlee the sale of new end existing single family homes and condaolnlum/ during the entire year of 1989. Source: TRW Real Estate Information Sarvicev Map 6 shows the avaragv home, by zip coda, for January of 1990. Pticee in the northern Alta Lama area are con/idarab ly higher then other area/ of the City because of the larger homey and minimum 20,000 /query foot lots. In compariecn to prices in Rancho Cucamonga, the avaragv /alas prl ce for a home in Ban Bernardino County was $137,048 for this same time period. -25- Q~ w U a ~ ~ O r' =C~ wVz rpQa~ QIJLL aw o 'iQmQ o n m i°n o m (7 m N fq fA lA o m o ~ m rn m n~wd T --~ -26- According to the Inland Empire Weet Hoard of Realtors, the average coat of ree ale single family houe ing in Rancho Cucamonga for 1989 was 5162,676. This ie a considerable increase (81.3 pereent~ over the average value of non-condominium housing in 1980 which was $89,733 according to the Federal Ceneue Bureau. The price of new and resale homes ie expected to continue to increase in the coming years. Although the extent of the increase le ae hard to judge ae housing pricing; like many other good e, it ie dependent on economic factors including inflation and interest rates. other coeie aeeociated with home building, each ae permit fees and land coat, are identified in the diecueeion of baztie[s/conetzainte ae ct ion. Rental Bousing 1n a recent survey of 37 apartment projects completed by the Planning Division in January 1990, it was found that rental peymante in the city nave also mars than doubled since 1980. Ae shown in Tab la 15, one-bedroom units typically range in price from 5450 to 5725 a month, while two-bedroom unite range from 5550 io $795 a month, and three-bedroom unite range Erom $625 to 5975 pet month. The fair market rent schedule for the Riverside-San Bernardino MSA used by HOD in ire Housing certificate Program for 1990 ie 5494 for a one-bedroom, 5577 for a two-bedroom, and $750 for a three-bedroom. This ranC •chadu le ie baasd on County-wide dai a. Rmb in Rancho Cucamonga are generally higher than the fair market rents shown, providing anothsc indication of the relatively high housing costa in the City, and hi9hlightlnq the difficulty that individuals in ROO voucher programs may hove in finding qualifying unite in the City. TAALE 15 BURVEY RESVLTe OT APARTI®Tf RENTB A! OT JANVARY 1990 Vnit Total Ave rags Rant Cost Average Tvos Nusbar Aent E Wnas 8 IMoosit 8 Bachelor 200 507 410-595 250 1 + 1 BR 2799 568 450-725 250 2 + 1 BR 1209 643 550-750 300 2 + 2 eR 1848 702 565-795 300 3 + 2 BR 437 816 628-975 400 Total Number of Vnits: 6493 Total Number of Complexes Surveyed: 37 Source: City of Rancho Cucemon9a's Planning Divia ion _27_ F igt' Affordable Ptoie to ~th th P t t' I t C art t H k t Rte R t Ae the rasa It of recant legialat ion )58 1282) cit iee are required to provide an inventory and analysis of existing assisted houein9 developments that era eligible to change to non-low income housing uses during the next 10 years, whicR i• to be included in the City's Houe Lng 8lemenG by January lr 1992. The term "assisted housing developments" includes all multi-family zenial housing Chat receives aaeistance from a broad range of programs including Pederal programs, State and local multi-family revenue bond programs, or local in-lieu ieee. The bill also requires the above-referenced anelyeie and inventory to include a coat estimate for producing new replacement housing, an identification of groups that could possibly ncquire and manage the unite ae well as an aseeseawnt of possible State and Federal funds that could bs used to preserve the assisted hcueing developments. ens of the primary objectives of the Redevelopment Agency'• Affozdabl• Housing Strategy ie to ensure the continuation of the City's existing affordable houein9 stock. one way to do this ie to acquire those unite in risk of converting to market rate rents. This ie a strategy that the Redevelopment Agency will be utilizing. Table 17 lists all of those unite in the City which may convert to market rata rent e. -28- TABLE 16 ABBIETED MULTI-PANILY RRPfAL EOUBINO UNIT9 MULTI-PANILY NOATOAOE REVEtAIEB BOND PAOSECT9 Approval Proj act vait• Tan Iaeou Onts Loutioa Aaurved Reserved g}wira~aats 04/12/83 Parkview Place Apte 10935 Terra Vista Pkwy. 30 of 152 10 Yeare Boa of Median 04/12/83 Hount sin View Apte. 10935 Tezza Vista Pkwy. 54 of 270 10 Yeara 808 of Median 03/13/84 Pepperwootl Apt e. 9055 Foothill Blvd. 46 of 230 10 Years 80\ of Median 11/13/81 Heritage Park Senior Apte. 9601 Lomita Ct. 45 of 233 30 Yeara 80\ of Mad ian 09/27/85 Alta Park Apte. 10400 Arrow Route 75 of 396 30 Yeare 80\ of Mad ian 08/28/85 Sycamore Terrace 10935 Terre Viete Pkwy. 26 of 128 30 Yeara BOa of Median 08/28/85 Evergreen Apte. 10730 Church 79 of 393 10 Yeare BOa of Median 9ECT ION 8, NEW CONSTAVCTIOM 04/82 Woodhaven Manor 6230 Nnven Ava. 117 of 137 40 Yeare Section 8 (CHFA) 12/82 Don Miquel Apte. 9850 19th St. 40 of 200 20 Yeare Section B 9ENI0R BOVeIN0 02/15/84 Heritage Park Senior Apts. 9601 Lomita Ct. 163 of 233 20 Years 80\ of Median 06/17/85 Audolph Nandrickeon Apta. 6628 Amethyst 168 of 168 15 Yeara 80\ of Median TOTAL 798 of 2287 • Includes the 45 unite of houaing as sisted with Multi-Pamlly Mortgage Revenue Bond Financing . The 233 unit^ In this project have only been counted onto to avoid double counting. _2g_ Puture Ho a' D 1 ant The Weet End of San Bernardino County and the City of Rancho Cucamonga are expected to continue to be highly desirable areas far residential, commercials and industrial growth. The commercial and industrial employment foretaste described in Table 31 indicate a good demand for housing especially when Lne City desires to have ae many employees as possible to work and live locally. The most prominent resource needed by a community in Drees to meat the demand for noosing ie vacant residential lands. Ae shown on Table 17, ae of January 1, 1990, the City coot tined epproximat sly 2,533.74 ac see of vacant, uncommcited resident cal land suitable for development within the Clty. This vacant ncteage allows density rangae of between lace than two dwelling unite per ncre and going up to 30 dwelling unite per acre. Ae can be teen with the present vacant ncreage in the density rangae permitted, mere ie an adequate diversity of lands for the development of all types of housinq. TA9L6 17 VACANT VNCOMNITTRD R98ID9NTIAL LANfI lOR TH6 ENTIRE CITY 119 OP JANUARY 1, 1990 VeCeet UOeooitesd yand Uw Acruas EA (.1-ldu/ac) 120.36 HA (.1-2du/ac) 118.91 VL (.1-2du/ac) 1, Ofi2.31 L (2-ddu/ac) 146.85 LH (4-edu/ac) 360.50 M (8-14du/nt) 587.57 NN (14-24du/ac) 93.29 H (24-30du/ac) d3.95 TOTAL 2,533.74 The acreage and land use catagorlee epaclf ied above would result in a build-out unit mix of 60 percent tingle family and 40 percent multi-family. The City Council hoe expressed concern over th ie end the fact that thi• could result in a larger eoneenttni loo of unite than the City'• services could be expected to support. Ae a result, the city Council ie currently undertaking a program to evaluate future unit production in the Clty to da[ermine if dsnsit tee could be reduced thereby rote lting in a unit mix with 65 percent •ingls tamlly and 35 percent multi-femlly. -30- 0 ~ < z H ° o < ~ ~ ~ u H O ~ ^.' ,,, d V ~ j ~ Q~ ~ ,t v ~ Z O Z 8 ? ~ o ~ H Soo a ~ O J < < O ~ O " ( U V~ a V V J c ~ ~ ~ V <~ ~ o e v~ Z O o• c W .. ~ ~ = = H ~ i~ W V 3 ~~ ~ 7 v ~ ~ i< Z Z 5 c' 1 F. Z Z W~ ~ " ~ O ~ ~ ~ r j~ Y O < ~~ ~ n< ~ ~ ~ ~ W 3 3 e o V <; ~= ~ O< v Y L ~ ~ (A 2 W > ~ ~J 1 ~ S 7 u W W A / U y = ~..~... S ~ r. ~ ~ ~ 4 ~~ ....~ Y ~' ~ ~ ' ~ ~. ~ =~ - ~' ~~ ~~~ ~,. _jl_ 9ANT 2: NEEDS ASSESSMENT A. General Hous ins Needs Summary of Maior Isauee - Ae of 1989, there were 3,069 lower income households in need of houe ing aeeietance. By 1996, there ie eat imated to be an additional 2,374 lower income houeehn lde needing aseise nn ce. - There are an eatimat ed 646 aubetantlard structures of which 538 ate euitnble for zehabilitat ion. It ie likely that the 1990 Ceneue will show that there are even mare eubetanda rd units than prey iouely estimated. - Ae of 1990, there ware 1,851 overcrowded housing units represent ing 5.5 percent of n11 occupied housing unite. - The ptoportion of the elderly population in the City is increae ing, up from 7.7 percent in 1980 to 8.9 percent in 1990. - Thera is an increasing number of single parent haueeho ids of which 3,290 are female representing 9.8 percent of the population. The proporCion of female single parenCa hoe increased from 4.8 percent in 1980. Households in this category who tend to have greatest needs ate women with ycung children and eltletly females. - Thera are approximately 2,656 physically and developmentally tlissb led persona, of which 240 ate estimated to 6e low and moderate income requiring renenl assistance. - In 1980, there were 2,723 large families repzasen[ing 16 percent of the City's househoids. Of these hou saholde, 84 or 3.1 percent occupied rental unite. In 1990, the overall prgpott ion of large Eamil iee hoe decreased el lghtly to 15.1 percent. However, the propott ion of large families occupying rental unite has increased eignif icanely to 11.2 percent. - Thirty-three persons were identified ae homeless in the 1990 Ceneue. - There are an set imatstl 1,260 households identified ae being at-rink, earning leas than 35 percent of the area median income and paying mars than 30 percent far housing. - There era various other identified need popular loos in ills Clty Lnc la ding persona with AIDS, battered spouses, and substance abusers. However, of the data available i! indicates that persons with these needs represent very small propozt ions of the population. Low and Hotlerete Income Noueeho ld Hap 8 shows the distribution, in 7980, of the percent of the city's population with incomes below BO percent of the median. Ae shown in Tnble 1B, in 1980 there was one block group, can sue Tree[ 21, eloek Group 4, that hetl over 51 percent of the populet ion with incomae below 80 percent of the median. Looking et Ghs 1980 quartile distribution of incomae for all block groups in the City, the four block groups with -32- the highest percentage of low income persona were: CT 21, BO 4 (54.9\); CT 21, e0 3 (47. a\); CT 22, e0 3 (46.5\); and CT 21, SG 1 (37.2\). Of the remaining block groups in the City in 1980, lean than 30 percent of their populations ware low income. TML6 18 PHACENT DIBTRIBUTION Of I.OfiBA INCOME ABSID@rfB 6Y BLOCH OROUP B1186D OM TH6 3930 CENSDS BAE Gaiua Tract B Block OrouO IOCOM Percent BO\ Median 0008.02 1 23. Oi oooB.o2 2 21. a\ 0013 1 18.4\ 0020 1 12.8\ 0020 2 16.4\ 0020 3 23.5\ 0020 d 10.01 0020 6 15.8\ 0020 9 15.41 0021 1 37.2• 0021 2 27.fi\ 0021 3 47.81 0021 4 54.9\ 0021 9 0.0\ 0022 3 46.8\ 0022 9 0.0\ 0092 2 0.0\ -33- ~zW zip "~ z ~~~ .n A O F~ zo m v~ ~w v a ooaoa OG O; 00 h~p N ~O ~.l O Q d ~ V V M N N N N 07 O t"1 M ~• N M .~ N Wz o o s C.) N N N N N N W W ~.7 Z c~ G Z UO U ~' O? zz S`z "z ~~ ~- ... ~.,~ ~7 N Or O O ~: -3a- Family I me G' 't Affordable housing aeeietance programs require definitions of the target group to be assisted. These definitions may vary depending upon the program being considered. The followLng table preeante the definition used by the v.S. Department of Housing 6 urban Development (HW) in determin Lng program eligibility. TABLE 19 NVD INCWQ: CATEOORT DalIMITION9 Departuat of Housing sad Ioeoe U 1 Vrb M to t ( NOD) Level I Houeeholde earning ,dpi of the area median income, adjusted for femLly •Lza Level II Houeeholde enrning §Q}, of the area median income, adjuetetl for family size Level III Houeeholde earning loD9 of the Brea median income, adjusted for family size Level IV Hcusaholde enrning 12°e of the area median income, adjueied [or family size Dieiributicn of H ueeh ld b I Cai Generally, houeeholde in Rancho Cucamonga are wealthier Chen those living in San Bernardino County proper. In 1980, Rancho Cucamonga had the highest median income, 524,868, of all 37 communities Ln Lhe incorporated and unlncorporsted portions of Lhe County. ThLe ie compared to the 517,463 median houaehald Sncon~s for the County ae a whole. Recent set imatae provided by Nllltams Ruebelbeck 6 Aasociate• for 1989 ind icnte that the City's medlen income, 544,726, has continued to be higher than that of San Bernardino County, 529,546r Dy a •ignificeni amount. Table 20 preeante the eeiimated Lncome dlNrlbution for the Clty of Rancho Cucamonga in 1989, This dletrlbution shows that the majority of houeeholde Sn the CLty of Rancho Cucamonga ere concentrated in the $35,000 to $49,999 and 550,000 to $74,999 income brackets. These two categorise comhlMd account for 56 percent of the ezleting houeeholde in Che City. By comparison, only 32 percent of Lhe houeeholde earn lees then $35,000 with the remaining 12 percent earning over 575,000. This information ie based on a median income of $32,000 Eot a family of four in the Riverside-San Bernardino MSA as of Aprtl 3989. -35- TABLE 20 1989 E6TIMATED HOU6EHOLD INCOME DIBTAIBUTION (lJ Hou uhold Nueber of Percent of Custulatly Incou RAaga Bousehold• Nouwholda PKpnt $ 0,000 - 2,924 9.Ot 9.Ot 10.,999 $ 15,000 - 3,087 9.St 18.51 24,999 $ 25,000 - 4,257 13.11 31.61 34,999 $ 35,000 - 9,326 28.79 60.31 49,999 $ SOr000 - 8,871 27.39 87.6a 74,999 $ 75,000 - 2,340 7.29 94.89 99,999 $100x000 or more 1.690 $•2t 100.01 TOTAL 32,495 100.09 (l) 1989 figures are estimates by the National Planning Data Corporation and are in present dollars. Note: Figures may not edd to 1009 due to rounding. source: MAX on-line Damogrephic SarviceaJ National Planning Data Corp.i tiilliame- Xuabolheck fi Aeaocisto, Inc. -35- AD ility Co F Ability to pay for housing is generally measured by the percentage at income that ie spent on housing costa (rent and ut Llit Sea for renters; principal, interest, taxes and insurance for homeowners). Clearly, ae a greater share of income ie spent on housing, lees ie available Eor other houeehald needs. Generally, if a household Se paying more than 25 to 30 percent of their income for housing, they are consLdered ^burdened^ by excessive housing costa. Although those in higher income categories may choose to pa more than 30 percent on housing. y While very low incomes certainly indicate the potential for noosing aftotdability problems, there ie not a perfect correlation between the two. For example, retired homeowners with low incomes may also have low housing costa because they hays owned their homes for many yenre and hays vary low or non-existent mortgages remaining. Table 21 provides estimates of the proportion of noueeholds by income category for both ranters and homeowners occupying units at a coat of more Chan 30 percent of the income. Available Ceneue etatiatica generally uea this 30 percent threshold. Not surprisingly, housing affordebil ity ie a much greater problem for low-Lncome households. In 1980r 65 percent of the income of owner-occupied houeanolde earning lee• than $10,000 paid more than 30 percent of their incase an houeinq, compared to only 31 percent for all owner-occupied houeenold s. A total of 60 percent of houeeholde earning between 510,000 and $20,000 paid more than 30 percent of their income for houeinq, wni le only 20 percent of those earning more than $70,000 were Durdmed by high houeinq coats. For renters, houeinq affordability was an seen greater problem for tnoee earning lees than $10,000 par yesr, with 76 percent of these houeeholde paying more than 30 percent of their income for houeinq. In contrast, late than 6 percent of renters earning more than $20,000 were burdened by high housing costa. The overall proportion of renter- otcupied houeeholde paying more then 30 percent of their lncome on hcusinq (40 percent) was greater then Chei for owner-occupied unlt• (31 percent). This Le due tc the fact ihnt moat low-income households cannot afford to buy a hens and even the price of many rental unite result in houeinq coet• that are high tale! lve io incomes. -37- TAELE 21 H008EEOLDE SPENDYNO OVER 30\ Oi INCONE ON HOVEINO 19 R0 NuNb3 \ of Tote] OWNEA-OCCUPIED UNITE Sncome Leee than $1D, 000 612 65.2\ $10,000 to 519,999 1,386 59.5\ 520,000 or NOre 80 j9i4t TOTAL 3,878 31.0\ AL'NTER-OCCUPIED UNITS Income tees than 510,000 586 76.0\ $10,000 io $19,999 434 69.2• $20,000 or More _ 1 ~1`.c~\ TOTAL 1,071 39.6\ TOTAL UNITE Income Leee than $10,000 1,198 70.1\ $10,000 to 19,999 1,820 96.7\ $20,000 or Hare 1,931 19.Oa TOTAL 6,949 32.8\ socrce: 1980 Cenev e; Nillieme-RUebelbeck 6 Aeeoclatee, Inc. -3H- Recional Hourinc Neede Assessment State Law requires the Southern California Aeeociat ion of Government• to complete a detailed housing needs aeeeeament which ie used to assign reepoM 1611 it iee to jurisdictions to help meet the percentage of the region's low-income housing needs for a five-year period. The moat recent Regional Housing Naeda Aaeseement (RHNA) update was completed in December of 1988. The Regional Housing Neede Aaeseement identified both existing houainq needs far a jurisdiction a• well ae it• projected five-year housing need. Existing need ie defined by SCAC aa, "the number of lower incamo housaholda paying more than 30 percent of their income for houainq." Wherea e, future nand is defined as "t ha number of unite that would have to be added in each jurisdiction to acconmwdate the forecasted growth in the number of hou saho lde by July 1, 1994, as well ae the number of unite that wcultl have tc De added to compensate for anticipated damolitiona and changes to achieve an ^ideal vacancy rate." Tha future nand is then further broken down Lnto four income categories as defined by States law. The four categorise era: Vary Low (lees than 50 percent of the median), Low (80 to BO percent of the median), Middle (80 to 320 percent of the median), and Upper (more than 120 percent of the median). The Regional Hou•Ln9 Needs Aasaaament estimated that Rancho Cucamonga currently has 3,069 very low and low-income housaholda currently in need of ass iataner. of thoeo, 1,773 eta owner housaholda and 1,346 are rental households, as shown in Ta61r 72. Tha future housing need identified by SCAG indieatsa that an additional 9,568 housaholda will De needed Ln the City by 1994. of thl• total number of housaholda 2,374 are estimated to De vrry low and low-incase and 1,779 srr estimated to be moderato income. Due to thr high cost of houainq in iha city, it L esaumad that all fututr very low and low-income housaholda will W in nrsd of assistance. Therefore, the total number of lower income households overpaying for ahrltar as of 1994 including existing (3, Oa9) and futurr need (2x375) i• satimatrd to bo 5,444. -39- TADLe 22 cDRRamT AND PUTVRa eovseaDLDS NNaDINa AssisTANCN PRAT 1 - 1988 NIIeTINO NLED* 1988 Housing Vnite 31,665 1988 Hcuaeholde 29x844 1988 Unoccupied Uni te 1,821 Low Incgoa Burdened Very Low Income Low Income Households LINHe/e Burdenetl HHB @urdened NHe S, B97 3,069/52.2 1,380 I,fi89 Burdened Owners 1,723 Very Low Income 736 Low Ineaoe 986 Burdened Renters 1,346 Very LOW Inreme 643 Low Income 703 PART II - PVTVRE N66D TNROVOH 1984 very Low Income Los4 Income Moderate Income HIOh Income 1,117 1,258 1,729 5,463 PART III - SIISTINO AND PUTVAN NN6D Verv Low Income Low Income Total Burdened 1988 1,380 1,689 3,069 3994~~ 1.117 1.258 2.375 2,497 2,947 5,444 ~ source: The Rev teed Regional Hou Bing Assessment of December 1988. ~~ Aesumpt ion Chet all new very low and lower income householtls wLll be burdened -40- When compared to the information provided in Table lA of the Appendix, the number of lower income rental households needing sea istance ae projected by SLAG ie higher than that estimated in the City's Housing Assistance Plan (HAP). SCAG set imatee that there are a total of 9,897 lower income househo Lde of which, using a coneietent percentage, approximately 3,300 are renters and 1,366 of these are burdened. This is in romper icon with the HAP'e set imate of 1,693 lower income rental houeeholde. Ae a reau lt, the City will go with the higher nunibere ae estimated in the Regional Housing Needs Aeeeeement. Substandard Ae disco ee ed in Part 1, the majority of the City's housing stock ie in goad condition. However, it ie estimated that !hate are a total of 666 aubetandard units of which 530 are considered to De suitable for rehabilitation. Approximately 83 percent of all aubetandard unite may be rehabilitated. This data was estimated based on the 1980 Ceneue. It is anticipated that there will ba a larger number of aubetandard unite found in the 1990 Ceneue. In addition to Lhe obv loos health and eefety issues neceeeary in a eiructu re in need of rehabilitation, there ie also a concern an the af£sct of a neighborhood ae a whole. Unite in need of rehabilitation often have the general appearance of being to disrepair. This often contrlbutee Lo an unattractive street appearance and may reau It in a negative effect on en entire neighborhood. As a result, owners in thane homes may be unable to realize adequate value from their homes, families may be die inclined to move in, and there may be an increase in absentee awnerehip. In addition, persons in aubetandard unite will feel a lack of pride to their homes or neighborhood and ae a result will be unwilling to put in the neceeeary time and effort to do repairs, reau It ing in prolonged neglect and significant damage to a unit. It ie ant icipeted that as the Clty'e current housing stock begins to age there will be more areas that will need see !stance. TRL• i• of particular concern in some areas where large trecte of small-lot single family homes ware Du ilt. Soma of these areas are approximately 10 years old and heginning to show signs of exterior neglect. IG ie hoped Lhat in conjunct lon with Code Enforcement activities this deteriorat lon can be halted before it becomes too wide epraed. Overcrowding The U. 3. Department of Houeing and Urban Development (HVD) def lose overcrowding ae more then 1 person per room, excluding bathrooms, while severe overcrowding Se defined as more than 1.9 perecn• per room. Table 23 presents en annlysi• of overcrowding in Rancho Cucamonga ea of the 1980 Ceneue. The data suggests that overcrowd Lng was not a pervasive problem with 991 houeeholde, or 3.9 percent at the total, having one or more persons per room. Wercrowding wee a coneiderebly greater problem with renter houeehold• then homeowners, with 7.3 percent and 2.B percent of houeeholde Ln these categorise, respect Lvely, being overcrowded. Ae also shown in Table Z3, the proport loo of overcrowded houeeholde a• of the 1990 Ceneu• he• increased only slightly, although the eciuel number of unlt• overcrowded has more than doubled from 591 in 1980 to 1,851 in 1990. As wa• the sees in 1900, a greater number of renters are in overcrowded candlt LOns then owners. The number of severely overcrowded ha• Lncreeeed for both owns re and renters. -41- TARLE 23 OVERCROHOINO 1980 AND 1990 1980 Cev su• 1990 Gasue Pareove Per Rooe Nuebsr - of Total NuNber t of Total OWNER-000OP IED 1.01 to 1.SC 305 2.1t 610 2.6t 1.50+ 9j 0_66 272 1_2t Total 1.01+ 396 2.81 882 3.78 RENTER-OCCUPIED 1.01 to 1.50 311 4.1t d86 4.9t 1.50+ 84 3.1t dB3 4Be Total 1. O1* 395 7.3t 969 9. 7t TOTAL 1.01 to 1.50 416 2.St 1, 09fi 3.2t 1.50+ 3~ 1.Ot 755 2.2t Total 1.01+ 591 3.St 1.851 5.54 source: 1960 and 1990 Pederal census With an increasing number of minority houeeholde in the City, many of which are immigrant femillee that tend to "double up^ to save on housing costs, overcrowding may be a more earivu• problem thnn indicated by the 1990 Ceneu• estimate in Table 23. A related, but unguent ifieble, problem reported within the OSty Se the convert ion of garage units into additional llvlnq quarters which also contributes to overcrowding. while these problems eta genarelly not wldeepread throughout the Clty, dlscueeione with membsr• of the Houeing Taak Porca intlicate Chet Lt Se a elgnlflcnnt problem that warrente addressing in several of eha older neLghbarhoode, each as North Town (Old Town). Special Needs Poouletione MLvoritF eoueebold• Rs[lmatee of the total number of lower Lncome minority houseAolde (earning lees than RO percent of the county median income) requiting houelnq eeeietence are provided in Tables 24 end 15. Thi• infarmetion, provided In the City'• HAP, which eetimstee that there ere approximately 119 lower Income minority households living in substandard housing in Rancho Cucamonga and 358 lower Income mLnor Lty households in need of rental aeaLetence. -42_ In many cases, diacriminat ory practices based on race, religion, color, or sex presents barriers to equal housing opportunit iea for minorities. Ae a result, it is important For the Ciiy to encourage fair hou Bing practices through support of Inland Mediation. TABLB 24 NINORTTI LONNA INCON6 BOVaNBOLOB IN BUBeTANDARD NOV8INO Bthnicity oweer Rsnter Black 12 2 Spanish origin 74 14 Native Amerioan 4 1 Ae San or Facif is Islander 10 2 Total 100 19 Source: April 1989 Final Stetemant of Community Object ivee fpr the 1989-90 Comunity Development Block Gcant Program. TAHLN 25 MINORITY LONNA INCOMN HOV86BOLD8 REQVIAINO ANNTAL AB8I8TANCN Bednicth N1Qe[ly 8 M11 Fuily (dime Fuily Black 2 16 4 8panieh Orlgin 21 221 55 Native Americsn 1 35 4 Asian or Pac lfic Ielender 1 14 4 Total 26 266 67 5aurce: April 1989 Final 8teiement of Community ODyectivee for the 1989-90 Community Development Block Orant Program. -43- Seaior Citiasa• The American population ie growing older and Rancho Cucamonga ie no exception. Housing policy for senior cit tress will continua to be a public concern into the next century. Many senior citizens have reached their retirement years without adequate resources tc meet the it needs. The problem of living on fixed incomes in a housing market where coats inoreaea faster than inflation can be very difficult. Even those senior citizens who prepared well far their retirement cnn have their savings seriously depleted ae the result of one lengthy it lneea. The proportion of Rancho Cucamonga households which are 65 yeere or older hoe increased from 7.7 percent in 1980 to 8.9 percent ae of the 1990 Ceneue. Ae shown in Table 26, a significantly larger percentage of households 65 years or older are owner occupied (6.8 percent( rather than renter occupied (2 percent ~. TABLE Z6 TENORS EY NUMBER Of HOUSBHOLDB 65 TEARS OR OLDER - 1990 Age ONMer Rent°r Total 65-74 1,551 d16 1,967 75+ 747 ~fq 1,011 2,298 680 2,978 Percent of Total HoueahoLde 6.8\ 2.0\ 8.9\ For many seniors, the prospect of living only with perecn• Ln their age bracket ie not preferable. Many prefer to live In nn nge-integrated community with family, friend a, and/oz neighbors. However, mayor increaese in the costs of housing may threaten their ability to continue to live in neighborhootle where ahoy may have spent eu bet ant ial parts of their livse and within which they feel comfortable and secure. Social service profeeeionale who work with oonlor• stress that while eeniore do not mind living alone and often prefer Lt, they vary much want to be part of a neighborhood wham they Peal an attachment, a sense of belonging, entl easy access to baaic services. Thi^ quelltat Lve sepect of houdnq and neighborhood i^ a very important factor Ln senior housing and a conetralnt to eeniore moving into what some consider "appropriate senior hou sing.^ A combination of the high level at which senior cltLZOne spend dLproportlonately on housing entl the eubetantial Sncraaee Sn the numbest of osier citiun• Lnd LCatse that there Aee bean n [icing number Of sestet households having • dlff icu It time competing in the housing market. even senior citlzen• who awn their homes may hnve difficulty when non-housing expenses Lncreau and their fixed income done not. whop senior homaownen find themealve• Sn economic trouble, home maintenance needs are often deferred. -d4_ Urge ^eelliss Large families are comprised of families of five of mare persons. These families represent a housing concern due to bosh the difficulty of finding adequate sized housing unite and the resulting high costa associated with these larger unite. Thus large families suffer disproportionately Erom over-crowding and inability to pay. In 1980 there ere npprorimately 2,713 large families representing 16 present of the City's households. Of these, 84 were renter occupied unite. Tha small number of rental unite is likely due to the lack of availability of appropriate sized unite. Ae shown in Table 17, the overall proportion of large families ass decreased slightly since 1980 from 16.0 percent to 15.1 percent in 1990. However, the share of large families in renter occupied unite hoe increased significantly free 3.1 percentage 1980 to 11.2 percent in 1990. Ths increase in renter occupied unite is probably due to the increased number of rental units that are available. TAEL6 27 MU10ml AND PERCENT O! LARGE lAMILI68 62 TANIR6 POR 1980 AND 1990 19 g0 Caneu• 1990 Censu• Number Percent ~~ Percent Owner occupied 2,639 18.4\ 3,971 16.8\ Ranter Occupied ~4 3.1\ 1.133 11.2\ TOTAL 2,723 16.0\ 5,096 15.11 Table 28 presents the distribution of families Dy income category baaed on data from the 1980 Caneu e. Interestingly, families earning higher incomes tended io have larger famtliee. For example, 24 percent of fwilies esrning $50,000 or mots had 5 or mote parsons, compered is 13 percent for families earning lss• than $5,000. The median family •ize aLo tends to increase with income Lvsl. However, wen though the mean end median Lncams fiquru tend Lo De somewaat higher Lor households with larger femillu, thL incruu would not appear to be proportional wish housing coats. Thus, while most large families Ln the City may earn substantial incomes, toz those earning low Sncoaws, Dousing of [ordabllity i• likely io W a serious problem. -45- A a OP u NP nrvrv~ rvOOe 4y~ n N ~ y~ a6 OP ~ C P n n rv ~ ~ D a o a ~» ~ ~ s W ~ ~ ~~ ~~ P nw nnn. -ooe FFF ~ ~, ~ u° 3 0~l .e. !~ =P Oryry O~OOa 0 11 4tl M~ ~ 8 °o ~l o'e'~an-o00 m yI j c m-~ pe u °o n "' o~ mn neon-ooo ^~ e vam can ~ n n~ooo N~ a^ " n a,ry ~n.~,.a,.mP£ ~J _~b_ Sivgle-Patent Boveehalda The single-parent household, usually female-headed, ie another area of spacial concern because of the acute financial difficulty in which these houeeholde often find themselves. In 19 B0, two-thirds of the Neerican adults classified ae living in poverty were Women. one-third of all poor children in the United 9tatee live with parents who are divorced oz separated. Ac<ordin9 to the 1980 Cenaue, there were a total of 3,711 single heads of households in Rancho Cucamonga, of which 2,233, or 60 percentr wars female headed, reprveenting 13.2 percent of all houeeholde in the City. An shown in Table 29, the total number of female headed houeeholde in need of sealetance (paying more than 30 psresnt of their gross monthly income for hou Bing) totaled 997, or 44.6 percent of ell female householders, of which 576, 57.7 percent, ware mortgage holders and 431, 42.3 percent, ware renters. Eet imatee from the 1980 Cennu• indicate that there were 1,055 •ing la-parent houeeholde of which 823, or 7E percent, were female heeded. Of these, 280 were lower income houeeholde (earning lee• than 80 petcsnt of the area median income) and 101 were in need of rental seaietance. Based upon recently available 1990 Cenaue data, there were n total of 12x053 •ingle heads of household, of which 6,753, 56 percent, were female headed. Of these 4,57E are single-parent houeeholde, of which 3,290, or 72 percent, are female headed. The number of •inglrparent female handed households repruenis 9.8 percent of all occupied houeeholde in the City. In addli ion to the physical end smoticnal etreu aseocinted with Minq wage earner and parent, the econaeic problems can be severe. In evsluatLng income data from the 1980 Cenaue, it is found that of those paying more than 30 percent of their Lncome on hou Bing, a greeter proportion are female heeded, 58 par cent, a• compared to ell owner occupied housing, 31 percent. Similarity, while 42 percent of all renter houeeholde in the city paid more than 30 percent of their income on housing, for female ranters t hie fraction was 45 percent. Bousing of EOrdebility i• particularly a problem for young Eamales (less then 34 years) and seniors (over 65). 5ingls-parents pay dlsproport SOnatsly sere for housing to a eigniflcnntly greeter dsgru than other houeeholde, and the more children to core for, the greater the problem. -y7_ TABLE 29 SINGLE HEADS OP BOVSEHOLp~ BY AOE AMD BEI~ PAY ING MOAE THAM 30 PEACHNT OP OAOSS ZNC016 ON HOVSINO - 1980 PEMALH HEAD OP HOVBEHOLD \ of Incob Is-24 IS,i34 35-00 a5-6a 65+ OMp~r 30-34\ 0 36 17 20 0 35\+ 0 177 154 ed 88 Total 0 213 171 104 88 R~nNr 30-34• 22 35 7 21 6 35-49• 32 60 11 7 18 50+ 70 87 27 11 27 Total 324 162 45 39 51 MALE HEAD OP HOOHEHOLD OMnar 3D-34\ 7 44 20 7 6 35\+ 3d 61 59 34 11 Total 41 105 79 21 17 AanbY 30-3d\ 22 12 ld 7 0 35-49\ 26 14 6 14 0 50\+ 42 7 26 10 0 Total 90 33 d6 31 0 Source: 1980 Pederal Cenau• -dB- xn. ala.blea From a houe inq perspective, there are three different types of disabled pare one with varying housing needs: 1) the developmentally disabled, 2) the phyet tally tlieab led, and 3) Lhe mentally disabled. These three groups, especially the low income members, often share a common hcueinq need during the restorer ion process from a serious disability. This may range from requited institutional care to facil tries allowing £or partial or complete independence. This need ie first to have a transitional living facility, usually licensed board and care facilities, oz shared housing oc group quarters which Lncludes on-site professional or paraprofeesionel support, The second common need ie to have very low of low coat housing into which to move when the individual nm longer requires Lnstitutional or group support. Social service professionals interviewed agree that of these two housing needs, the need Eor low income houainq is the moat urgent. Ae set imatea in the CLty's currant HAP, as of 1988, there were a total of 2,656 disabled houeehold• (8.9 percent) of which 240 were low and moderato income requiring rental aeeietance. The Oevelopaentally and Physically Disabled The City of Rancho Cucamonga Community Services Department recently Completed an assessment of the number of physically, developmentally, and learning disabletl persona in Rancho Cucamonga and the surrounding nree. While the purpose of this nasessment was to identify recreational programming n6ede rather then hou Bing needs for the d isaDlad population, the informer ion provides useful dais on the number of disabled persons in the city, as well ae eveilabla characteristics of the dLeabted population. Tnbls 31 eunmarizae the flntlings of this survey. Available date from the State Department of Dsvelopmenial Services indicatep that there are approximately 210 dsvalopmentelly disabled persons In the Clty of Rancho Cucamonga. Approximately ono-half of those indlvlduals are adults, 35 pezcfln[ are children aged 4 Lo 18, with the ranalning 15 percent under 3 years of ago. The Inland Regional Center reports that the Clty of Aancho Cucamonga co mains 8 6card and care fecil it tee licensed with the Stara of Cal Lfarnia. Theeo facilities serve a total of 19 individual• within the City. Vocatlonel training offered by Cheffey community College serves over 600 developmentally dlsablad adults [hroughouL the region, and Alta Lame Rtgh School has a small class for approximately 12 developmentally disabled atudante. The local Social Security Office lndlcatas Lhat approximately 900 adu lte in Rancho Cucamonga receive social security benef ire for physlcsl disability. Informer ion ie nct aveLlebl• on the types of dleablllilee these lndivtdusl• have. In addition, the local school dlstrici• report that there ors 426 children ages 6 to 1B with physical dleabll it iss. The vast msjorlty of thou studant• have speech lmpaicmante. Ovacall, the number, location, antl type of disability of the phyelcally dlsablad are difftcult to determine. Typically, it ie archltsecural barriar• in housing which pose a common problem to dieaDled people. Other housing needs of these persons may Involve Lnst itutional care fecLl Ltlee, transitional living facll it lea a^ well as low coat houeLng. Low cost hcuei ng may become partlculariy important when an tnd lvlduel no longer requires inat trot tonal or group support, or Le subaiatlnq only on social security Income. -69- The Mentally Disabled The number of mentally disabled persona reeidinq in the City of Rancho Cucamonga le difficult to tlatermine. Community mental health profeaeional widely agree that, on a regional bee is, more very low and low income housing, including single roam occupancy, ie necessary to service the mentally diaabled. There era 1Loited opportunit tee in the open housing market for the mentally disabled, who often subsist on dleability funds, even at that point when they reach a level of inet itut tonal independence. The combination of these factate-- phyeical inappropriateneee of much of the housing stock limiting supply and marginal income limiting effective demand--leads to serious housing problems Ear the disabled. TABLE 30 DISTRIBUTION OP DI BABLED POPVLATION - DEC~EN 1989 DEVELOPMENTALLY DISABLED' Nusber of Aea orouo Parsons 0 to 13 31 4 to 12 98 13 to 18 17 19 [o Ovar 104 TOTAL 210 PHYSICALLY D ISABLED Nuebsr of Aaa Orouo/Di nbil itv Parwss 6 to 8"• Speech Impaired 400 Hetd of Hearing 3 Visually Impaired 2 Orthopedic 3 Other ld Total, Agse 6 to 18 426 18 6 Ovei"*• 900 Total 1,326 * Prom Stste Department of Davelopmantal Services •• From West End Special Bducak ion Local PLn Aroa *•* ApproE imate number of adults receiving Social Security bane! li^ for physical disability Source: Dratt Affordnbla Ncusinq Sttatsgy, Nlllieme-RUebslbeck 6 Associatae -90- Farawozkere The special needs of many faznrviorkete stem from their low wages and insecure nature of their employment. In 1950, the Ceneue identified 138 pereone in the farming, forestry, anT fiehi ng occupations which reoreeentetl .25 percent o£ the City's population. In an attempt to estimate the current farmworker population of the City, staff has contacted eeveraJ State, County, and local agencies and found that this type of epecitic information ie generally unavailable. However, the local State Employment Dave lopme nt Department indicatetl that the need for farmworkere in the City of Rancho Cucamonga hoe dropped drastically in recent years. Evidonce for this statement can be clearly ehovm ae the majority of land in the City originally devoted to citrus and vineyard production hoe given way to new development in the last ten yenre. Ae a rasa lt, housing opportunities for those who continue to be involved in this type of work can De enhanced by expanding the Ciiy'e affordable housing stock. Pe reone with AIDS Information on the numbers of AIDS cease in the Ciiy of Rancho Cucamonga was obtained from the San Bernardino County Department of Public Health AIDS Program and from the Foothill AIDS Project located in POmOna. The Foothill AIDS Project operates solely without government aesietance. They provide a variety of counseling eervicee ae well ae food bank aeeietanca to clients Sn need. Ae of January 3991, the Project had a total of 110 clients of which R ware from Rancho Cucamonga. The AIDS program of the San Bernardino County Department of Health indicated that there was a total of 20 AIDS cease reported in Rancho Cucamonga. They set imnte that there are approximately £tva times ae many cease, or 100 cease, of HIV positive infection in the City. The County provides both confidential and anonymous HIV teat irg in San Bernardino, Ontario, and Victorville. Services include an explanation of the teat and te6G results, the recording demographic variables and risk aeaeeemant, informer icn on tranemieelon and prevention, and the distribution of condoms and etlucat tonal materials. They do not have information on how many of three pereone may be homeless. It ie clear, given the number of HIV infected pereone in the Cityr that Lhe incidence of those with AIDS will continue to increase in the coming years and that sdditional eervicee will be needed to sestet [hoes pereone. eo isa Ned Of Th Ho 1 and At-Risk P lot' Summarv of Maior Find toes There ie relatively lit[ la data available regarding the actual numbers and character iet ice of the home lace. This Le due in large part to the lack of service prov Ldere located in the City end a lack of detailed racordkeeping by service provide re. The reneon for this ie due to the percept loo Ghat there ors ralstlvely few homeless pereone in the clty. Recent data gathered does LndieaG that there Se a problem, but that it is relatively minor in comparison with Ghet found Ln adjacent fur iedict lone. -51- The 1990 Ceneue data found that there were 33 persons vie ibis in street locaiione in the City. While characteristics of three persons were not recorded, a prev ioue study found that the majority of the homeless population in the City era Hispanic melee between the age• of 18 and 60 who are in transition from Mexico and ere attempting to find work and shelter. A small percentage of those needing temporary shelter ass woman and children. Of those who are chronically homeless, approximately one-third suE Eei from mental it Lneee and probably a greater petoentage are substance abusers. in addition, a majority of these persons appear Lo be Caucasian and are between ehs ages of 2a and 45. The problems aeaoc cared with the homeless cannot be solved simply with adequate housing, although housing Le an important component of the solution. The total solutions muse include employment and training, social services, and pzo9rame to counter aubetance abuse, es well ac ehelier and more permanent housing. The houe lay problems of the homeless are seen as being three tiered: 1) temporary shelter, 2) group quarters or trnneitional housing wLLh appropriate social services, and 3) a£forda6le housing. Third-tier problems are those aceociated with both [he housing supply and problems of entering the rental market, particularly ehs lack oP funds for firer and last monih'e rent and security depo rite. Char acterietice of the Homeless Ponuletion Based on a survey of loeel Lew and Code Snforesnwnt agene ies, social service organizations ee well as Local churches and informed citizenry conducted in January 1490, the Plannlnq Oivislon found that there were epproximetely 25 parsons or Leas on en average daily basis in need of ehelier. srtimatu pzovidsd by the 1990 Csneu• Eound 33 persons visible in eirset brat ions. Unfortunately, of the organizations surveyed none ware able Co provide an accurate breaktlown of the characterietic• of people requesting or receiving aid. But, based on their general descriptions, the majority of the homeleea Ln the City are men between the ages of 18 and 60. It ie believed that moat of these men are transit coning Erom Mexico and are looking Eor work. Typically, they either move on or ors living with other people. The second ident if ieble group of persons in need of shelter i^ comprised of women with young children. Thee group accounts a smeller percentage of the ovsral7, total. Breaking down the homeless by Brae, those found south of esea Line Road ere moat often single men, wails those looetsd north of Base Llna Roed are generally woman w1<h children. Facility end Service Needs of the Homeless In ceeeerchLng the needs of the homeless papa le<SOn, etaf[ has had trouble coming up with tellable data for several reeeone. As mentioned earlier, because there ie not an o6vioue or perceived home lees population In our City, there are no service prev iders operating in Rancho Cueemongs. OE those eguciu operating outside of the City who may be serv inq our population, moat do not kop rseords lndicat inq whsro their urv Sce c liantale era from. Much of the date rspoabd to u• during interviews with chose eerviee agene iee was baud upon art imntee or approxlmet ions developed at rho tines of -62- the interview. This brings up the point that it behooves those providing services to keep more detailed client records sc that cit iee and other agencies will have an idea of the magnitude of the problem within their juriedict ions ae well ae for the region ae a whole and then can allocate resources accordingly. Msatally 131 Staff spoke with Or. Ed Garner of the San Bernardino county Mentally I11 Home lees Program. ttt. Garner was unable to provide epecl Eic figures for Rancho Cucamonga. But based upon hie personal experience, ha estimated that hie facility aeeiete approximately 10 persona pet year from this City who may have been homeless. According to Hr. Garner, about one-third of all homeleee suffer from some form of mental illneaer and moat are also drug and alcohol abusers. The services provided by the county Mentally I11 Homeless Program include providing shelter from one night tc six months in several facilities and three meals a tlay. Approximately 700 to 800 people a year are housed in the shelters and another 1,200 to 1,300 people are aeeieted through outreach services, including job training and counseling. OE those serviced approximately 60 percent were male and 40 percent female. In addition, Mr. Garner 6elievae that of those eervad 50 percent are Caucasian, 30 percent ere black, and 15 perront are HUpanie. Alrohol astl Drvg Abun For information regarding alcohol and drug abuse, the City contacted the San Bernardino County Office of Alcohol and Orug Programs. They were unable to provide any set Lmatee of the number of cliant• from Rancho Cucamonga. Stan Brown of chat cffice was able tc provide some general statist ice and ob9ervet ions regarding their program, The County operates two programs, detoxificeiion and a residential care program which allawe stays for up to 30 days. Approximately 40 percent of the persona in each program do not have a arable residence. The majority of those in Che programs ere male, 70 par.cent, and are between the ages of 25 and 44. Regarding the ethnic breakdown, Che major lty of the program users era Caucasian, 73 percent, wtth Hispanics and slacks being the ascend largest users, representing 17 and 11 percent, respect lvely. In personal obeezvet ions offered by Hr. Brown, ha ha• found Chet moat of the home leeenesa 1• among white males agetl 25 to 45. In addition, hs has found that moat homeleee people ors not strictly drug users due to the coat of drugs, but Chet moat abuse alcohol ae well. Doeotic Violsacs in order to obtain information on domeet is violence in the City, staff contacted non- profit service [ecilit iee operating Sn nearby jurledictione and obtained informs[ ion Erom the Rancho Cucamonga Pollcs Department. -53- For the par Lod from January to December of 1990, the ftanchc Cucamonga police Department received a Cot al of 288 calla for domeet is violence. Oomeat i< violence is defined ae: "Abuse committed against an adult or a fully emancipated minor whe La a spouse, former spouse, cohabitant, former cohabitant, or a person with whom the auepect has had a child oz hat had a dot ing or engagement relationship," Section 13700(bl of the Penal code. The two eerv ice fat it it lea operating in nearby juriadLCt]one are The Houee of Auth and Option House. Option Houee, which i0 located in the CLCy of San Bernardino, provides couneelinq and shelter for temporary stays up to 60 days. For the year 1989-1990, the Option Houee helped n total eE 400 shelter clients of which approximately 5.5 percent, or 22 persona, were from Aancho Cucamonga. In providing an ethnic break down of their total clients 36 percent were Caucaeien, 33 percent Hispanic, and 30 percent were Black. It was the impress ion of the representative from the Option Houee that often those who coma from other cittee to San Bernardino for shelter etny Ln 5nn Bernardino and find permanent houa ing there. Houee of Auth, located in Claremont and Pomona, operates a 20-0ed shelter facility and allows etaye for up to 30 day6. Houee of Auth provides crieie counsel tag to battered women and femil iae where domeet ie violence has occurred. They perfatm referral to other agent lee where needed and they give information on the legal aepecis of domestic violence. They also aaelst Ln fLnding shelter for those who need St. For the period from Hay of ]990 to May of 1991, the Houee of Auth assisted 10 adult and 15 child the iter cliant• frao Rancho Cucamonga. Tha ethnic breakdown of these adults au feted were 4 caucaeiane, 3 Hiepsnic, 1 Black, 1 Asian, and 1 "other." Ln add itlon to the ehelcer aesietanca, the Houas cf Ruth provided ou[reach services tc 11 clients and took 118 calla from Aancho Cucamonga on their 24-hour hot line. Auaswape Information on the number of runaways Ln the City was obtained from the Rancho Cucamonga Police Department. In the period from January 1993 to July 1991, there were 238 runawnye reported. officer Victor Nolly indicated chef of the runaways reported Ln a year, approximately 98 percent are returned to the home or era at some other safe house, auto ae n Eriend. Ha eatimatee that approximately 10 children are not Eountl each year, which accounts for 2 percent of the runaway population. At-Risk Ponu let ions In zeal ity, given Boma instances of bad luck, many pezeona are at risk of becoming hameleo. EaperLelly in thew currant Ctme• with the economic recution end high unemployment rote, more persons Chan awe are coming clots[ to the risk of homeleeeneas. Por purpasea of this diecuu loo, howwei, the at-risk papvlnt ion Le defined ae those parsons with incomes ba low 35 percent of the arse req tonal median Lncome who pay mare than 30 percent of their Lncoma on housing end have no support network such as tM Section a Aental Aulatanca. The definition of households earning lase than 35 percent of the area median income coincides with the lowest income level defined in the City of Aancho Cucamonga's Aedeve topmast Agency's Affordable Houainq Strategy. Ae of 1989, it wee set imated that approximately 5.5 perwnt of the City'a houeeholde, or 1,800, watt in [h Le category. Of those, it was set lmatad that 70 percent, or 1,260, wars paying more than JO percent of thstr income on noueing. -54- eed e. of At-Risk Pooulat ion It ie this group, in particular, which ie moat in need of affordable rental housing. Unfortunately, housing for persona in the very low income bracket i• not very available. This i• primarily due to the large eubeides needed to bring rents down to affordable levels. The need for housing for paraone at this income level will only eontlnue to increase ae new low pay ingr service oriented, retail and Lnduatrial sector jobs are added to the City's economy. Aa a reau lt, much of the Redevelopment Agency's 20 Percent Set Aside monies will be utilized toward providing affordable housing unit 1n the City for persona at thla income level. C. Proi eared Future AffoNahU Aout ice Made by 6solovetet Future employment in the City of Rancho Cucamonga wee projected based on remaining land available for commercial and Lnduatrial development in the City by land use category ae shown in the 1987 General Plen update. Ahout 64 percent of the designated commercial acreage end 63 portent of industrial acreage was vacant at that time. Table 31 trans lotto the utimatad vacant acreage into future employment growth ut inq aeeumptiona on davelappsnt and employment density. TM Central Plan land uw categories were aggregabd into off iea, reeaarch and dwelopment, manufacturing, warahoueing, and retail/commercial categories far this analytla. Typical floor area ratlw, or PAR'• (Repreatnt inq building sree divided by lot area) Eor tech land use ware applied to the acreage estimates to project additional building tqunra toot age. Total building area wee then divided by art Lnatad square fret per employee for each uea, bated on data from iha Urban Land Institute, to set imate additional employment foY each land Vae. -55- z = P O !~ a - I N z C J .~ 9 C ~ / ' i ~ u ~ u 9 j ~ ~ 4 y S] ~ ~ m~ _ " J Ba ~ M i ~ ~ 6 B ~ ~ ' ;, yW v ~ N m Y L o C O ry N 'j ~ m 4 y O ~ P V n ~ 06 u N ~ u a J C C ~ _ ry m '° 58m ~ o x 8 a m c ^ T M O ~1 w C r~r Z f S i C `, ~ y 9 L i i o v v ~ C F ~ ~ m f m S~4 5 W .. 0 q ~ P y P CS ~ p J ^ y 0d~ d o ry n ~ ~y i ~ 1 ~ O ~ v „ O q F O Om q ,~ m4N 9 Z d y P E A A y 1 ~ Cdr q r r y ~ ~ ~ N~ y 4 O a ~ a q 'v~ ~ ~ < L ~f ~ e ~ y V ~ 4 Q 8 .r d 9 y Y Y Y y i mpM1 V p C • ~ p N ~ X ~ y 4 6 • N _~(~ The projections indicate that development of the large amount of ramaining commercial and industrial acreage in the City of Rancho Cucamonga could account for an increase in employment of about 75,000 workers. In terms of distribution by occupation, Williams RueDelbeck 6 Associates hoe set imated that the managerial/technical/professional categorise will account for the largest ehara of future growth at 34 percent. Due to the large amount of vacant industrial acreage, operators are expected to account for the second lnrgeet ehara of employment growth at 21 percent. Clerical workers are projected to account for 18 percent of new employees, followed by craft related employees accounting for 11 percent, and salsa/service amp loyeee accounting for 10 percent of the total. Laborers era expected to be the smallest group at 6 percent. Abundant information i• available documenting the foci that lower paying lobe account for a large share of employment growth nni ionwitle and in any given region. Lower paying jobs are associated with lower income houeeholde even after taking into account multiple jobs per worker and multiple workers per household. The next step Ln the ana lyelc was to estimate the number of additional houeeholde generated by the increase in employment. An average of 1.48 workers par household for the City of Rancho Cucamonga in 1987, derived Erom SCAO data, ws• used Ln this calculation. Tha total number of houwholde projactad to be added as a result of employment are 50,378. It •hould he stipulated that the total number of households generated will not all bs located in thi• City. The number of houeeholde projactad For the City at build-out ie 57, O1fi. This indicates that only a proportion of the total employees generated in Rancho Cucamonga will netually reside in the City. Table 32 provides the City's estimate of the number of dwelling units to ba developed from .7u ly 1, 1989 to 1994. Between 9,169 and 11,916 unite are anticipated to be developed in this time period resulting in an annual housing production of hetween 1,834 and 2,383 unite. This wee 6asad on the ax Letinq development which occurred through ,Te nu ary 1990, the number of residential units currently in review, as wall as future new development set imates Daeed on vacant uneonvnitted lend and growth projections. Given the current economic climate, a projection of future new development over the next Eive years indicates that growth will not occur at the same rote ae in the previous five-year period from 1984-1989. Thls growth projection wsa based on trend analysis, ae well a• on discuseione with local developers, reel estate brokers, and market analysts famSllar with Rancho Cucamonga. Ae a result, shown in Table 33, staff hoe developed set imetes of new development occurring by 1994 es explained below. The first step Sn dwelopinq a growth projection was to look et the growth which hee occurred in the last five years from 1984 to 1989. This was done by calculating the percentage of land that hee developed in each of the land use categories, which era ae follows: Estate Assidsntlsl, 0.0 percent; Hillside Aaaident is 1, 31.2 percent; Vary Low Reeidantiel, 53.9 percent; Low Resident lal, 87.8 percent; Low-Medium Resident Sal, 72.4 percent; Medium Ae9ldent ial, 44.9 percent; Hed Lum-Nigh Residential, 73.0 percent; and High Residential, 65.9 percent. Given the currant economic climate, It is clear that development in the next five years i• not likely to occur et the same rote a• [he previous Eive years and, therefore, development has been estimated ae occurring at either 50 or 75 percent of the previous rata. This wee calculated by taking percent agar o! the previous rata for -57- each land use category to develop the modified five-year growth rates. Por example, the previous five-year rate for the Hillside Reeidsntial district was 31.2 portent. Fifty percent of that is 15.6 percent and 75 percent of the vta is 23.4 percent. Theca modified rates were Lhen multiplied by the amount of unco~mittsd vacant acreage, ae of Sanuary 1, 1990, in anch land use category to estimate the mrount of land that would develop in the next five years. Finally, the number of units to ba developed Ln the next five yearn were estimated ae occurring at a portion of each lend use denelty range. Therefore, for anch land use category and for each of the possible growth terse, development was estimated to occur at 90 end 75 percent of each land use density tango. Por sxempls, the Hills ids Reeidentiel deelgnation has a possible density range of 0.1 to 2 dwelling unite per acre. Fifty percent of Chic range Ss .999 dwelling unite par acre while 75 percent of the range ie 1.4925 dwelling unite par acre. -58- 'u ^ m ~ m e w ~~ C ~ o m O m ~ ° P t P y p P ' i ` y. m m O Y O dl ' - l P ~ N' a 4 N 0 O 9 n ~ 1 ^ m N 4 N N P r in u m m u .. u .'q e y sad ~n~~~~ m ~ a N _° " ~' ~ N ^ W ~N I~ ~ m P ~I ~ ~'~~a ^ Y q ~ W N ~ = H ~ m V p = = ~ CC s4 0 °nory~ q° ^' ° m ~. , Y Y` W P 1~ O m Iv m Y WM ^ ^ N n m 7 y o 8 W N q m P ~ + n O fi L N N d d •au Y Y ~ T u u '' ' y" ° .. i a ' i g .miG ~ °mv mom m~ O p ° m c ,°, d N T n ~ P m e m m m ~ U H m ^ w ^ l N 9 L W u C m N M.G~3 d C g G U C O q _ y V S 0 ^ q 0 i v m ~ n V d~ ~mu1N N P Y a y w ~' W O m N N h N 1~f a q 4 d O m O ^ O ~~ m e m C W a y j Y ° H C • p yI V M P y 0 6 m 0 O 4 U O d q^ M q y ~ m U' m ~ i TP ~ C m V C y q 9AdP 4^ ^ y w w ^ Y C O ~ N N ' _C S ^ W q m 8 N a' f' 1.1 c 0 um m T v u~ 9 p " d '^ C ~ c m q ^ry -~~ ~ m e ~ ~ . . g m w a ~ y S_,_ a~ w I~ a i ' Mawo 9m 0 . S 1 S J n W U q m w 0 ' -59- D. • ieetioas of Na t Coaditi as for eoua'a P [ avd t eG 'aa Harker Contl itione Rising bout ing costa are a constraint to providing adequate housing Ear ell economic segments of the community. Between 1970 and 1980, the increase in housing casts rose three times the growth tote of household incomes. This increase has forced ranters and home6uyere to spend greeter proportions of their monthly income for housing and to seek smaller, lees expensive unite. According to the 1980 Census, the mean value of non-condominium housing was $89,733. Bated on information from the TqW Reel Estate Harker Information Service, the average house price in Rancho Cucamonga in 1989, including new antl resale condominlume and single-family unite, wne 5170,92'7. This represents an increase in housing costa of 90.4 percent. Assuming the buyer is able to put 20 percent down and the mortgage rate ie 10.5 percent, the monthly payment including principal, interest, tax, and insurance would be approximately $1,477.50 per month. The qualifying income for this mortgage woultl be approximately 559,100 per year, baaetl on maximum man[hly payments equal to 30 percent of the gross household income. Land prices, construction coats, and financing are major factors which contribute to the price of housing. The follouinq ie a diecusaion of those factors es they affect housing availability in Aeneho Cucamonga. Land and Construction Costa Local residential developers with a variety of unit types in planning end construction phases in the Clty were eurvsyed in January 1984 by the Planning Division staff to determine raw land prices and Construction cotta. These costs awragsd approximately $30 per equars foot for both tingle-family and multi-family projects, but lend prLcee varied by diettict ae shown on Table 33. Aa the density range of the lnntl increases eo dose the price. However, in terms of land costs per dwelling unity the "VL^ district (lase then 2 dwelling unite pet acre) ie the most expensive. Public improvement e, not included in the land prices shown, era oleo high pet unit with lower density project. TAaLB 33 6STIMATBD LAND CO8T8 8Y oIeTRICT 1984 Cost Hangs District /7ons1 P4 AC r• VL (leas than 2 du/ac) 535 - 40,000 L (2-4 (du/ec) 50 - 80,000 LH (48 du/ac) 80 - 100,000 M (8-14 du/ac) 100 - 135,000 MH (14-24 du/ac) 160 - 175,000 H (24-30 du/ac) 175,000 + Source: Plana Lnq division steff'e survey of local dswlopars, January 1984. -60- `mates of land Coate have Deen developed based on the assessed value of _t ~ salsa which ware obtained from Chicago Title and estimates provided by \ss e. Land prices are generally higher than they are in 1984 part icular Ly in ale Pamily Residential Dietr ict, ae shown in Table 34. ejl c 6y ate r~mte tqp re'fe ae eho tl'¢ 0 Sag s~'9 ~J3, ae ra9e Ca °~tl 2 of efe c~na e9e 30 TABLE 36 ESTIMATED LAND C08T9 DY DI BTAI CT 1989 Diatriet ITOSU Coat EaDgs Paz ACra VL (lase than 2 du/ac) L 6 LM (2-8 du/ac) ri (8-14 du{ac) HH 6 H (14-30 du/ac) 531 - 90,000 60 - 100,000 120 - 190x000 190 - 200,000 Source: Planning Division Staff's survey utilizing information from Ch lcngo Title ae well as informat Lan from the Lawie Homes Development Caapany- +~lnanc inc In order to obtain informer ion an the availability of financing in the Community, the city hoe surveyed the twelve landing Lost itution^ that have officss or branch offices located in Rnncho Cucamonga. The banks wars questioned regarding the general availab ilLCy of financing in all erase of the City and the poesibil ity that interest rates varied for different ateac of the community. In addition, the City was able to obtain from some of the Lost liut Lone copies of their 1990 Community Reinveetmant Act St atemente, (Home Fad, Vineyard National Bank, end Bank of America). As a re au lt, the City was provided with verbal and written statements by these inei it utione of firming thnt their lending practices era based upon each individual applic anb credit-worihineu withauG regnrd to ouch fecton as sox, taw, age, marital etatusr or without regard to income level or racial compost[ ion of an area cr Cho age or beat ion cE a dwslling. Also, based upon widence of construction activity an availeDla vacant land, cealdenilal [inancing appears to be generally aveilaDls throughout the City. Thera ie no evidence of nny mortgage deficient arena of new construction or rehabilitation ' Loans. In addition, the city alceady offers and will continue io offer, • repair z grant pro9rnm for senior and disabled or handicapped persona for minor housing neetls ae well as a housing rehabilitation and repair loan program that offers deferred Loan payments end low interact Loans to lower income households through the Community Development Block Orant Program. i -61- It is apparent that a large proportion of the Cit y'e houeeholde are and will coot inue to be priced out of the housing market. Because the factors contributing to the high coat are largely beyond tae City's control, the home ownership market will remain beyond the financial capabiliCy of a large number of houeeholde in the City. Therefore, the City will have to take an active role iR providing a limited (because of limited resources) number of houainq units. These same factors affect the availability and coat of rental housing. The ex iet ing rental housing stock is relatively new and in good ccndit ion. This is Che reason way rental reaabilitat ion programs have not been utilized in the past. However, Euture aseietance for new construction of rental housing may be necessary. It ie the intent cf the City, through use of its 20 percent Set Aside Fu ode to focus on the protection of existing rental hone ing and the production of new rental housing. The majority of the 20 Percent Set Aside Eunde will be utilized to aeeiet and increase the supply of rental housing. In this way, the City will be able to aeeiet a larger number of persona with money. Howaverr it ie anticipated that a limited amount of the money will be utilized to help provide homeownership opportunit ice. Oua to the large eubeitliea that would be necessary to aeeiet very low and low income Eamiliae fewer of these unite will be provided anises Chrcugh a bond program each ae the CHFA Reaa le Program. Unfortunately though, requirements of these programs regartltng salsa price limits, $129,400 for the CHFA program, are difficult to meet ae much of the resale housing in the City exceeds this amount. PART 3: Houeisa Assistance Proarus There are a number of housing aaeietanca programs currently available in the City of Rancho Cucamonga and the County of San Bernardino to eee iet Doth owner and renter houeeholde. Rental Aeeietartce Federal Aa•Ltaace one method in which rental aaeie fence Le prow idad ie through the Federal Section 8 pragrame which are ndminlatered Dy Lae County Housing Authority. There are several programs available including a cart lficata program, new construction, and a ecatteretl e its voucher program. Ae of ,Tune 30, 1991, a total of 328 partlcipen[a were being aseieted of which 160 ware pert iclpenCa in the certificate program. in addition to the certificate program, there are 117 new construction unite contained in the Woodhaven Apartment Casplex and 40 unite in Don Miguel Apettmente which utilized Section 221 Hortgage Ae•let ante. Table 2C in the Appendix provitlee a breakdown of the participants in the Section H Certificate program by number of bedroom e. This program contlnue• to be utilized to its maximum potential. As of June 30, 1991, the County Housing Authority had 124 applicants on their waiting list. Of these 31, were elderly. -62- other Rental Aasietsnw The voters of the city of Rancho Cucamonga approved a referendum allowing public ownership or financing of low-rent housing purauank to Article xXXIV of the State Conet it ut ion, Thia enables use of public hone ing and vas Sous mu ltip Le-family financing pcograme. There ar¢ torte n<Ly 11 unite in start aced titee of public hou6 ing in the city. The City hat entered into a Cocperat ion Agreement with the Housing Authority of the county of San Bernardino for use of the public none ing program. No funding is anticipated for this program. However, agreements era in place thou ld funding become available. As shown in Table 22, there are 8 apartment projects for a total o{ 400 unite, that were financed through the San aernardino County Multi-Family Mortgage F.evenue Bond Program. In each of these pr of actor 20 to 26 percent of the unite are reserved ae Low to moderate income unite, Due to high Land costa, high rents, and financing constraint e, it is not likely that there will be further unite developed in utilizing the Mortgage Revenue Hond Progzame without receiving further eubeidiee from the City. in addition, the City hat created an overlay zone for senior citizen hooting projects which glues the developer higher deneitiee and reduced parking cequ iremente in exchange for reserving a portion of the unite for low and moderate income stn Sore at of fordable rents. There have been a total of 286 unite financed utilizing the eanior hcueing overlay Ln conjunction with the density bonus provie icn. Ownereh iD Aea'et nee Mortgage Revenue Bonds The Aedevelopme nt Agency and the City have le sued over $150 million in Mortgage Revenue Montle since 1983. The program prow itlee below-market interest rates for firet- time home buyers whose income does not exceed 120 percent of the arse median income. Additionally, there ere restrict ions nn the Initial Dale price of the homes financed under the program. Approximately 760 homes have been financed under these programs. The feat ib it Sty of £ucther moetgege bond programs ie driven by the housing market, In recent years, the price of the houe ing pcodvoed in the City hat exceeded the price limits of the programs, which ie set by NUD on an annual basis. However, should the housing development indueh cy expree• a need for thle type of program, Eu[ure issues could be sold. In addition, by cooperat SOn agreement with the Rancho Cucamonga Redevelopment Agency, the san Bernardino County Economic and Community Development pepactmant sells mortgage bonds to provide below-market rate, 30-year fixed moetgege finnnc ing far firer-time home buyers whose Lncom¢ does not exc6ad BO percent of the area median income. Add it Lonally, there are restrictions on the initial ea le price of the homes financed under the program. In recent yeace, the coat of new housing being built in Rancho Cuc amonga hat exceeded the price limits of the programs, although resale homes are also eligible. Ae a reeu lt, in 1989 the program aeaieted 3 homes, of which the average houeeho ld income was 540,fi44 and the average purchase price was $107,657. -63- Rehabilitation The City's Housing Improvement Program, financed using Community Development Block Grant Funds, ie Citywide and boa ed on individual income levels. This program of fees both deferred loan payments and low-interest to one to lower income hou ae ho lde, excluding mobile homes. In addition, the program of Eere a repair grant program for seniors and disabled or handicapped persona far minor housing needs by provitl Lng grants of up to 55,000 to lowez income owner oc cupante of sing la Family YeeLdencee including mobile homes. Since September 30, 1990, a total of 22 unite have been rehabilitated with an additional 2 unite in construction. of the sae feted units, 20 were for elderly applicants, 22 small fam ilia e, and 2 Large families Prior to fiscal year 1989-90, the City's Housing Rehab ii itat ion Program had 6e en operated by the County. Since fiscal year 1984-R5, a total of 186 grants and 16 Loans were issued to qualified persons. Ae a result of the City's concern with the relatively low utilization of the loan program, the City offered io take over the program. The fire[ year the City-run program was in place was fiscal year 1990-91. Other Aeeiet ed Housin Nubile Sou Perk Aeatel Agrae~ent• By mutual agreement between the City and owners of the eight exist ing mobile home parka, a Mobile Nome Park Accord was approved on 3anuary 1, 1985. The purpose of the Accord is to protect the reeidente of mobile homes Erom unreasonable apace rent increases, while nt the same time recognizing the need for mobile Come park owners to receive a just and reasonable income to cover the costa of repairs, maintenance, ineu rant e, employee eecv freer add it ionel amenities, and other operations, ae well as a Eair return on their investment. To date, the Accord has fulfilled ire purpose by stabilizing rents and generally improving relat Lone between reeidente and owners in the City. Cosdoetelue Conversion• the City adopted a Condominium Conversion ordinance in 1980 which limits the number o£ multi-family rental unite converted to ownership type. The intent of the ordinance is to: (a) Encourage a balanced supply of rental and ownership housing in the community and a variety of rho ices of tenure, type, price, and location of housing; (b) Maintain and encourage a supply of atfortlable housing, both ownereh ip and rental, Eot low and moderate income persona and fam it Lee; and (c) Pronwte the residential stability and quality o£ the community 6y developing neighborhood identity, dieccuraging die placement of ree idents, and facilitating ownership opportun it Lee for the community. Tha maximum number of unite converted in one year ie based upon the number of new apartments added to the housing stock in the previous year. The Ord inanee al ao prow idea far legal natiEicetion of tenants of the owner's intent to convert, tenant's right of first cafuenl to purchase a unit, end eetablishee requlrement• for phye ical upgrades of the subject property to assure comp Liance with current City St andarde. -fi4- Plaaaed CoounitLe Two large-scaled plannetl common it iee, Terra Vista by Lewis Homes, and Vtetoria by The William Lyon Company, totaling nearly 3,200 acres of land were approvetl by the city in 1983 and 1981r respectively. Both planned comma nit iee provide a mixture of re eident is 1, commercial, and public land uses. Residentially planned property in Terra Vista equals approximately 780 acres, while Victoria hoe approximately 955 scree cf tee idential property. Both Terra Vista and Victoria have incentives to provide 15 percent affordable housing for low and moderate income households. A low-income family ie defined ae one whose income ie below 80 percent of the area median family income, whe teas a moderate income family ie from 80 percent to 120 percent of the area median income. It was intended that these unite ba disbursed throughout the various neighborhoods within the planned communit iee. For each unit provided by the developer which i• affordable to low and moderate income households, the City shall gcant a bonus of one additional unit, up to 15 percent of the maximum density permitted in the planned communities, if requested. In Terra Vista this incentive could proviC¢ up to 1,200 affordable unite and in Victoria 961 affordable unite at build-out. Baeetl on a study of the housing provided In Terra Vista since 1984 through May of 1990, a total of 1,519 unite have been made affordable to low and moderate income houaeholtle, representing 52.7 percent of the constructed housing. To data, the amount of affordable housing provided has exceeded the ant icipatsd goal of providing 15 percent affordable housing within this planned community. While there hoe been periodic monitoring of Terre Vi et e, theta has Dean no formal monitoring of the affordable houa ing provided in the Victoria Planned Community. Basetl on verbal information from the William Lyon Campnny end knowledge of past ae ll ing price e, it ie very likely that a fair proportion of the homes sold in the f iret years of the Victoria's tlevelopment were affordable. However, unlike Terra Viet a, the total number of unite proposed for the Victoria Pl annetl Community hoe actually been reduced from the 7,577 ee originally planned to 6,271 unite. This ie a result of the fact that the William Lyon Company chose to develop a larger amount of lower density, single family product than wa• originally planned. However, a significant portion of these single family unite were cone idered very affordable at the time that they were developed antl provided a eignlf icant portion cE Eiret-time home purchases far the area. Deaaity Bono u• Provisions for the allowance of a daneity bonus have in the past been used in conjunction with the Senior Housing Overlay Zone. Since 1984, three senior apartment projects nave been approved in which an increase Ln daneity was provided ae an Lncent ive for tlevelopment. In each cave, prof acts wars developed Ln the High geeldential DistrLet (24-30 dwelling unite per acre) end had approved densities of 30, 35.3 and 37.5 dwelling unite per acre. Typlca lly, additional Lncen[lvee were also allowed and usually involved seducing parking raga irement e, wa lvlnq Ease, antl direct aubeltly. -65- Recant amendments to State Law (AB 1259, 1989) have etrength¢nad the raga iremente far provie ion of intent ivee by cities to developers of affordable housing. The revised legislation no longer allows credit far provision of unite for moderate income house ho lde and requires that ircantivee be provided if: 20 percent of the units are reserved for lower income; or if l0 percent of the unite are reserved for very low-income; or if 50 percent are reeervetl for ee nior tit izene. The basic provie ions of the law require that tit tee grant a 25 percent density bonus over the otherwise maximum allowed density and at least one other incentive; or, instead of the density bonne, provide other incentives of equivalent financial value. Additionally, the new legielat ion requ tree local jurisdictions to adopt an implementing ordinance to specify the method of provitling developer ineent ivee. Aa [he City's current standards deal with the provision of density bonus in relation to sen tar housing, the development of an expanded density bonus ordinance hoe been added to the Planning Division's Work Program. Second Dwellivg Uaite In accordance with State legielat ion in 1983, the City approved an ord inence allowing for second dwelling unite to b¢ located on developed lots in Lhe single family residential district e. The Ordinance permits 640 square feet maximum "granny flat e^ which are temporary/removable structures. In addit LOn, the ordinance permanent second dwelling unite u to 640 a Permits P guars feet Ln size. To date, two applications for second dwelling unite have been approved. The fire[ was approved in November 1985 and the second in June 1989. A third application hoe been filetl and ie pending review. 20 Pe rc evt get At ids Funds Prior to 1989, the City•e Redevelopment Agency did not have n consolidated housing strategy for nee of its 20 Percent Set Aeitle Funds. The money was primarily funneled into capital improvement projects whicD would then provide benefits tc future deve lopes of multi-family housing. The Agency also provided direct lucent ivee to one affordable housing project, [he Heritage Park Apartments for Seniors, by contributing approximately $80,000 towards the coat of off-site improvement a. However, each uses of Lhe 20 Percent Set Aside Funds are no longer allowed ae a roan It of a laweu it filed against the Clty by the We et ern Center for Law antl Poverty. In 1989, the City renchetl an agreement with [he Western Canter Eor Law and Poverty on the ues cf the Clty'e Redevelopment Agency•e AftordaDla Noueing Pund. The agreement prescribes now fund revenues will ba used to provide affordable hone Lng by eatabl iehing four income levels eligible for housing aeeletance from the fund: Level I Femil La• earning lase than 35 percent of the area's median income, adju eted for family size. Level SI Families earning between 36 and 45 percent of the area's median income, adjusted for family eLza. Level III Femil tee eerning between 66 and 60 percent of the area's metlien income, adj ueted for family size. Level IV Pamiliee earning between 61 and 90 percent of the area's median income, etljueted for family size. -66- Ae a reeulC, the City is in the process of developing an Affordable Housing Strategy to carry out the provisions of the Agreement. Aa part of the development of the Strategy, the city hired a ccneu ltant team whose members include David Paul Rosen and Assoc iatee, the hcueing and tax law firm of Goldfarb and Lipman, and the real estate econom ice coneu It inq firm of Williams-RUebelbeck and Associates, Inc. In addition, a C it ire ne Housing Taek Force was formed, whose members inclutled repress nt ativee from the Rancho cu camonga Chamber of Commerce, major le ntlere, for-profit develops re, neighborhood leaders, senior cit izen a, antl mobile home park ree idente. The Strategy was approved by the City Council on August 7, 1991. The epeciF is programs allowed ae part of the Affordable Housing Strategy include the fallowing: - Creation of a local non-profit Housing Development Corporation which would become an affordable housing developer in the community. - Creation of non-prof i[ Neighborhood Cooperat ivee to purchase existing homes, rehabilitate them, and rent them to qualifying families. This program ie targeted to areas such ae Northtown, Southwest Cucamonga, and Old Alta Lama. - Creation of Mobile Home Park Cooperat ivee to purchase ex let ing mobile home parka in ortler to et ab ill ze rents and allow control of the parka by ire ree idente. - Use of a ^lard banking" policy which allows the purchase of vacant property eu it able for development of affordable housing. This land ie then held by the Agency until an appropriate development project ie obtained for it. - Pursuing the acquie it ion of tax synd is orlon ae at. additional source of funding Eor of fordable housing development. To date, the Redevelopment Agency hoe acquired Cwo projects utilizing the land banking policy. The first piece acquired was a 5.05 acre property with an approved project for 170 senior hcueing unite. Tha original applicant hatl run into financial trouble and wov ld not have been able to construct the project. The second piece acquired involves a 14-acre site zoned for multi-family use. I nventorv of Facii it lea and Services for the Homeleee Due to the relatLvely low number of homeleee persons identified in the City, theca hoe not been a strong response by service agencies and organizations to provide eheltec Eac it it lee in the City. The only form of shelter neeietance for the homeleee Ln the City currently available ie prov lded by local churches or charitable organizations in the form of moral vouchers or by parishioners who take these people into their homes. There ere currently two mot ale in the City which have been used for emergency housing, the New Ranean and Motel 66. It ie oleo pone ible that motel facil itlee in nearby communities are utilized as we 11. However, the City La currently a participant in a rag Lo nal Homeleee Taek Force, which inc ludee repreeentatlvee from at least six local jurietl lotions, San Bernartlino County and related eerv ice agsnciee and organizations. The task force ie attempting to addeeee the homeleee problem Etom a regional petepect ive ae a means of developing ~~mprehene ive eolu[Lone. ThLe may eventually reeu It in the development of a regionally etrateg ically located ehelt er ae well ae the provision of ne ceasary eervicea. -67- III. THE lIy6-YEAR BTRATE6Y This portion of the document ie the crux of the CHAS ae it describes the actual atrateyy that will be pursued over a five-year pea iod hosed upon the reeds aeeeeament described :n the Community Profile. PART 1: Mi•sion/Priorities/Proaiau Process Uaed To Deters;i ne a Str stew The process involved in setting Rancho Cucamonga'e priorit ice and determininy the appzopriate programs to meet those prioritise was based upon the City's overall Mission Statement. The Hiee ion St at errant utilized in th ie document ie the overall goal of the City's youaing ELement: "The Citp shall provide opportunities and ivuntivea for the provision of • variety oS Lousing types for sll etovoeic aageenta wiahivq to reaida in the cosunitp reysrdleu of race, religion, as:, or incou group.' The purpose of this document is to evaluate, in mare detail, the housing needs of Low and moderate income persona and those with special needs. Based upon the Community profile in Section II, the City has determined the overall neade of the community and aeeignetl prior it iee to those nsad e. The determination of those priorit iee was based upon several factors: what ie the biggest housing problem overall, wh icn groups have the greatest neade, do we have the staff capability and resources available to meet those needs, and evaluation of those programs that are alreatly in place and Eunctioniny atlequately. Programs to meat those prioritise were then determined. This determination was based upon the availability of resources including Federal, State, and local funds, the number antl ability cE various groups to provide assist once, coordination with existing City housing etra[eg iee, and appropr iateneee to our community. Priorit iee and Proareme Priority Eva luation Haaad upon the major issues identified in the Community Profile, eteff has determined the areas where neade sea Setancs ie raga ized. Thle assistance can be grouped into three categorise: Hou sing Affordability, Preearvation of Ex iet Lng Noueing Stock, and Special Needs Aealetance. Actions to meet those neade were determined antl are outlined he low. It was the determination of these broad categorise along with an ae ee Bement of avaLlah ilit.y of resources and staff time that were used toward determining the prioritise for see ietance in the City's five-year plan as provided in Table 3 of the Appentllx. The following are the general arses requiring housing sae ietance: 1. Noueing Affordability: a. Provide aeeietence to make housing more effordab le. Concentrate primarily on rental housing for lower income and nt-risk households w tth come see ietance prov itled toward home ownership. -68- b. Construct more of Eardab le housing stock. New roost ru ction will focus on providing more rental stock ae the subsidy required to provide single family homes will be vary high. However, some aaeietance should be provided to see Let single Eamily ownereh ip opportunities. c. Provide far Llitiee (i.a., infrae[ructure~ to help make housing more affordable in lower income target areas. 2. Preservation of Existing Hove inq Stock: a. Preserve the existing affordable rental stock. This will be accompiiehed primarily through public/private partnerships or outright ac qu ie ition. b. Rehabilitation of existing single family and mobile homes. c. Encourage ownership of exi sting housing in the northtown area. d. upgrade or add non-existent infrastructure to encourage increased property values end improve the quality of lire in lower income target areas. Home lase/Special Needs Assistance: a. Provide aeeiatance to those organization's each as local Churches and service organizations who eeeiat the homeless or at-risk population either directly, in the form of shelter and food, or indirectly in the form of cou neelinq eery ices. b. Support of those aervieee aaa istinq special needs popular LOne each as battezed spouses, seniors, persons with AIDS and substance abu sere. Provide assistance to help mediate landlord/tenant disputes and to prevent discrimination. r.. Provitle tranaitlonal housing opportunit Lee for homeless persona. d. Facilitate handicap acceeeibil it y. Priorilp Identification and Action Plan The following ie a deacript ion of the final prior it Lea ae determined in Table 3 and the programs thnt are anticipated to De utilized to address Ldentif Led needs: Priority 1 Priority 1.1: Provide rental aeeietance to very law income households, inc Luling persona with spacial needs and at-rtek houeaho lda. Five-Year Goal: The City eh all coot Lnue to provitle ire fair share by assist ing 175 households annually. Th Le Lnclutlee 117 new construction unite, 11 scattered site puh li.c housing unite, and 67 certificato and vouchers. -69- Rationale: A significant need identified in the Community Profile are lower income rant er houeeho lde burdened by housing costa. There are approximately 1x346 lower income renter hov eeho lde needing aseietance, of which fi43 are very low income. Tha number of low income renter households needing aeeietance by 1990 ie eat imat ed to be 1,]60. When pose ib le, emphasis shall be placed on aeaieti ng large families. The City hoe entered into a cooperation agreement with the County of San Rernardino'a Housing Authority to administer the Section B cart if icatea and houe inq voucher programs. The goals reflect the reduced funding for this program and the fact that rents in the City are often highaz than fair market rents. However, there is a gocd potential of using Section 0 cart if icatea/vouchers in the density bonus off ord ab Le housing ae well ae in projects using the Senior xousing Overlay District. Proorame/Services Puzoose Target Grouo Target Areas Federal Rental To aseiet Very low income Citywide Aae ie tance houaeho lde (Section e) obtain affordable rental housing. Prioritp 1.2: Moderate rehabilitation of exist in9 single fam ily and mobile homes for bath vary low and low Lncome existing homeowners. Five-Year Goal: 125 grants, 25 loans Rationale: The exieiing houeLng stock le a primary source of affordable housing. It is, therefore, important to ensure Chet the stock ie maintained in good condition and that it doec not fall into disrepair. Many lower income homeowners arc only able to afford their homes because they have heen in them for long periods of time and ae a reeu It have lower mortgage payments. However, due to coat of living requirements, those owners may be unable to pay for needed repairs. The City currently hoe a mod erate rehabilitation program in place. Proarame/Services Pu rooee Target Grouo Target Are ae Community Deve lapme nt Aseiet homeowners Very Low and low Cit}wide. Block Grant xoueing in maintaining the income homeowners . eligi- Rehabilitation and contl Lt ion of their 611 ity Repair Loan homae. based on Program. income qualiEl- catLone. Community Developme nt Provide grants Low income home- Citywide Block Grant Noueing of up to $5,000 to owners including aligl- Rahabilitation Grnn t aseiet homeowners mobile homae. bllLty Program. with minor repairs. baaad on income qualifl- catione. -~0- Prioritp 1.3: A: quieit ion and preeervat ion of ex iet ing rental unite available to very low and low income and at-risk households. Five-Year Goal: Preserve as affordable the 355 housing unite that may be eligible to convert to market rate rent ale by 1996; inereaee the ex iet ing rental stock through public/private partnarehipe; preserve as affortlab le the 355 housing unite that may be eligible to convert to market rate rent ale by 1996; increase the affordable rental stock through acquieit ion of 66 existing unite; continue to maintain the existing rental etoc k; and ensure that mobile home rents remain at affoctlable lave le. Rationale- There ie n significant number of existing affordable rental unite in the City that were assist ed ue ing Federal, State, and local incentivae. Hany of these proj acts ware required to hold unite affordable for specified periods of time. Ae a result, Ln a number of cases, the time period in which the proj acts were to be reserved ie cl oee to expiring. Approximately 355 unite will be eligible to convert by 1996. If this happens, the reserved units may convect to market race rent e. In order for the overall supply of affordable unite to increnee, it will be necessary to continue to maintain the existing affordable rental stock. Toward accompliahme nt of this gonl, the City's Redevelopment Agency hoe entered into public/private partnarehipe to purchase and hold 66 unite of a 328 unit project far affordable housing. Proarame/Services Pu rooee Target Gtoun Target Areas Redevelopment 20 Percent To acquire Very low and low Citywide Set Aside Funds. existing afford- income end at-r iek able rental unite. houeeho lde. ccndominium Conversion To protect the Low and moderate Citywide o rd ir.ance ex feting rental rncome hou ee ho lde. stock in the City. continue to support Keep mobile Low and moderate Citywide use of the Mobile home ranee at Lncome households. Home Park Acco rtl. reeeo noble levels. Priority 2 Prioritp 2.1: New construction or substantial rehabil itat.ion of affordable rental unite to benefit both very low end low income households. Five-Year Goal: Provide 297 new unite. Rationale: To increase the availab it ley of affordable rental etoek to help asaiet those lower income tamlliee burdened by excessive hausing costa. This may include the actual construct loo of now unite, ee wall ae the provision of intent lve• to encourage private dove lopere to construct affordable housing. Through land banking procedu roe, tho City's Redevelopment Agency hoe ergo iced 27 scree of Lend. Resuming a -71- development density of 10 unite per acre, it ie anticipated that 270 now unite will be developed. In addition, the Agency nee purchased a histocic packing house to be developed for mixed uaee, including approximately 27 unite of senior housing. Proerame/Services Putooee Target Gtouo Target Areas RDA 20 Percent Set Facilitate the Very low and low Citywide Aside Fund. construction of income houeeholde. affordable rental housing. Uee of development Encourage the Very low and LOw Citywide intent fives such ae canetrvction of income houeeholde. density bonuses. affotdab le rental housing. Encourage the use of Through the Very low and low Citywide Multi-Family Mortgage County of San income houeeholde. Revenue Bond Program. San Besnnrdino, encourages the development of affordable rental unite. Priority 2.Z: Moderate rehabilitation of single family homes for law income firet- time home buyers. Five-Year Goal: 3 loans. Rationale: Often, in order to obtain a home, low income families will have to purchase hou Bing that fie in dierepa fir. For those lucky enough to come up with a down payment, it may be difficult Chen to efford necessary repairs. It le important to provide support to thews often young houeeholde so that they may improve their living environment and deva lop a sense of pride of place. In addition, it fie important t0 ensure the continued maintenance of the Clty'e affordable housing atoc k. PYOerame /SBCVlcee gU }~'pp60 TGYUBt GLOu Community Deve Lopment Block Gsant haueing rehabilitation and repair loan program. Provide Lnfocmation about the program to local real set ate agents. AaeLet home- Low income owners Ln main- homeowners twining the condition of their home e. TO facilitate Low Income the use of the homeowners program. Target Aieae Citywide El Lg ibLlity based on income qualifications. Cltyw ids _72_ Priazitp Z.3: The con et ruction of inErast zuct ore improvements to benefit both very low one low income homeowners including catering and first time homebuyere. Five-Year Goal: Complete needed infrastructure improvements in Southwest Cucamonga antl begin improvements in Old Alta Loma. Rationale: To improve the living environments in oltler neighborhoods, encourage private investment in lower income areas and prevent the deterioration of the transportation infrastructure. Typical improvements involve reeurfac ing the street and construction of curbs, gutters, antl eitlewalke. Where needed, improvements oleo include inst allot ion of streetlights, water and sewer improvement e, ae well ae handicap acceea. Procrame/Services Community Development Block Grant footle. Purooae Encourage private investment in low income areas antl ensure residents a safe and pleasant living environment. Taroat Grouo Very low and low income hovaeha lde Taiaet Areas Target areas identified according to the cDBG program. Areas include Northtown, Southwest Cucamonga and Old Alta Loma. Priority 2.6: Acgu ie ition and homebuyet aseietnnce Eor low income first time homebuyere. Five-Year coal: 10 houeeho lde. Depending upon the number and availability of homee in the area. Rationale: The City would like to encourage ae many persons as possible to obtain more permanent hcueing. This typically provides a greaser peychologlcal eecu rity and reaulte in a pride of place. In the Northtown area of the City, there had previously Deen a strong neighborhood cohee Svenese. However, Ln recent years, it has become more difficult for young famil lee to purchase the homee and there hoe Doan an increase in absentee ownership. Ae a rssult, the Clty would llks to fac 11 ltate greater local home ownereh ip in this area. Pr ogzame/Services Purpose Tercet G[ouo Trras< Aze ae Redevelopment Agency Porm local Low income first- Northtown 20 Percent Set Aside neighborhood time homebuyere. nraa Fu nd e. cooperatives to encourage local purchasing of homee in the Northtown arse. -73- Hortgaye Revenue Bond Program. California Housing Finance Ayency ~CHFA) firer-time homebuyer ae eietance. Provide subsidise which make it easier for lower income households to qualify for home loans. To provide mortgage interest rates that are substantially below market rates for resale homes. Low income firet- time homeDuyere. First-time low income homebuyere Citywide Eligibility b ae ed on family income and salsa price. Citywide Eligibility baaed on income and salsa price. P rio iitp 3.5: Prov itle support facilit iee and ee rv ices to identified homel sea persons. Five-Year Goal: Provide support to services assisting the homeless ir. order to aeeiet 30 caeae. Rationale: There ie a relatively small identified homeless population in the City. The }990 ceneua identified 33 persons. However, it is still imperntive that support eervicee be provided to eseiet these persona in overcoming the eituat ion that reeu lted in their home leeeneee Ln the f iret plats. The Gypee o£ support services which may b0 provided include counseling on euDStnnce abuse, job training, money management, and other appropriate eervLcee. Pr oc tame/Services community Development Block Grant program. Pulp B@ Provide Funding to those agencies or groups that provide aeaiet- ance to homeless persona in the Form of support sarv Lcee. Taros[ Grouo Very low and Low income persona without permanent shelter. Target Areas cLtywiae. Possibly out of City baaed on demonstrated use. Prioritp Z.6: Provide support facil it iee and eervicee to other persons with special needs. Five-Year coal: Provide support to eervicee aeeiet ing those with epectal needs in order to eeaiet 80 caeae. Rationale: Those with special needs, including such groups ae those at-risk of becoming homeless, battered apoueea, persona with AIDS, sen iore, single parent a, disabled, and minorit iee, may require assistance to help them overcome personal or institutional obstacles which prevent them from having avaLlable or xacuring housing opportunLt iee. These persona may need support services or cou peeling to better their lives end Lncreaea Ghe it houeing access Lb i!ity. Supportive facil it iee and eervicee may include child cote, trenepartat ion, job training, _~q_ sub et an co abuse treatment and cou neeli ng, training in parenting skills, money and household management, landlord/tenant dispute mediation, diecrim ination counseling, and other appropria[e eervicea. Programs/Services Community Development Block Grant Program. Pu rrw ee To provide support to those eervicea benefiting special nestle papulat ions to better their quality of life and increase hosseing opportunit tea. Target Grouo Very low and low income per eons. Taroet Areas citywiae Possibly out- eide of City based on demonstrated use. Pziozity 3 P rioritp 3.1: Provide rental assistance to very low and low income homeless persona for transitional housing in the form of direct monitory ass Latance or through acquisition of temporary living unite. Five-Year Goal : Provide aeeietance to 30 hou eeholde. Rationale: For those who are homeleee, it ie difficult to get work without a permanent residence. For many, it may be the difficulty in coming up with the lump sum required for houeLng entry caste on having a place to et ay while developing the necessary ski 11• to obtain work. Due to the relatively small number of identified homeleee in the City, it is not feasible to construct a new facility; however, temporary aeeietance may be provided in conjunction with local service organizations. In addition to direct monitory aeeietance, it ie important to provide transit tonal living unite. The Redevelopment Agency is inveetigat ing the poasib ilrty of purchasing existing unite in which to house and provide counseling end training to homeleee persons. Proor ame/Services Purpcee Taroet Gcouo Tareet A[eae Redevelopment Agency Provitle fine octal Very low end low Cityw ids 20 Percent Set Ae lde support toward income persons Poss ably Funds. development of a without permanent outside of trans itlonel shelter. the City haeed housing program. on demonstrated use. Priority 3.2: Provide support facilities and eervicea for very low and low income households. Five-Year Goal:Aee iet 45 fair housing cases and provide consultation to 1,270 landlord/tenant clients. -75- Rat io ra le: I[ ie important to provide information and affirmative euppore for the fair housing lawn of the State and Federal covarnmente toward ensuring that all residents have access tc a decent home and suitable living envirorvnant. In particular, progrsme shoo ld be utilized to promote efforts to eliminate diacr iminat ion in the ea le and rental of houeinq. Zn atldition, with an increasing rental population in the City, it ie important to provide eervic ee to help aee iet in the reeolut ion of tenant/landlord disputes. Proarame/Services Purooee Taraet Crouo Taraet Areas Community Development Aaelst in the Very low and low Citywltle Rlock Grant Program. resolution of income houeeholde. tenant/landlord disputes and housing diacr imination. Priority 3.3: Prov ids moderate rehabilitation aseietan~e to very low income flret- time homebuyere. Five-Year coal: 2 loans. Rationale: St ie rot likely that many very law income houesho lde will be able to afford to purchase a home. However, it ie moat probably the housing available to the very loo income persona that will be in disrepair and due to their low income a, be difficult for these houeeholde to obtain money for repairs. Proarame/Services Porno ee Taraet Crouo ~a~3et Areas Community Development Aeeiet first-time Very low income Citywide. Block Grant Housing homeowners in first-time E1lgibil Lty RehabilLtation antl maintaining the homebuyere. beeed on income Repair Loan Program. condition of their qualifications. homes. Explanation of "O" Prioritize in Tabls 3 There are a few lnetencea In Table 3 where an ^o^ priority has been aee igned. This was determined to ba appropriate Ln those cases where either there was no demonstrated need or where the activity could not fees ibly be accomplished. Due to the relatively low number of homeless and other spacial needs popular lone identified in the Clty, it ie not economically feasible to toneider new toner ruction of a shelter facility. And ae there are no operating shelters in the CLty, moderate rehabilitation or ergo ie it ion of a structure are not plausible activ it iea. Adtlit tonal ly, a "o^ priority was assigned to the activity of acquiring and/or providing eeeiatance to very low income first-time homebuyere ae the amount of eub9idy that would ba required to assist thew pereone would 6e too greet to be economically feasible. Aeeiet ante to very low income pereone wee concentrated in the provision of rental eeeiatance including Section 8 Vouchers /Cartif icates, ergots lClon, and new cC^~et ruct io n. -76- Finally, rental assistance to low income rental hcueeholde hoe been assigned a "o" priority. The reason fcr the low priority ie due to restrictions on the use of CDRG and 20 Percent Set Aside Funds maY.ing it difficult to give direct subsidise to these house holds. However, other aee Letance hoe been provided to these houeehc ltle through the ergo iv it ion of ex feting unite and new conat ruction. Cooaide atiov Givev to Thvee with the Worst Haueing Hituetiov avtl 1'how Eligible for Padernl or Ipcel Preferevwe. In consideration of the groups with the wore[ hone ing situation, it ie clear that those persona identified ae homeless and those who are at-rick have the greatest needs. However, dve to the relatively small number of homeless identified (33), it is not feasible to construct a shelter facility for this group, Therefore, the City will give support fo those organ izatione that provide shelter and food aeeietance to the homeless and will continua to work with adjacent communities toward tlaveloping a broader regional approach in dealing with this problem. In adtlition, the City will continue to investigate Federal and State programs that may be oval la6le for aoeiatance in this situation. The second group cone idered are those who are at-risk of becoming homele ee. Federal Rental Aeeiet once (Section 8) is already eve ilaDle to those persona. However, this program is impacted and very difficult to gat into. A9 a result, many of the zsaourcee ova ileble will De through the Redevelopment Agency's 20 Percent Set Aside Funds. Based upon the City's eetClement with the Western Center for Law and Poverty, a minimum of one-sixth of these funds mu et be used to aee iet persona whose incomes are below 35 percent of the area median income. PART 2: Bveluatiov of Reaourcea Available Public Reaourcea The primary resources that will be available include the Community Development Block Grant Entitlement Fu ode and the City's Redevelopment Agency 20 Percent Set Aside Fund. The Clty hoe evaluated other State and Federal funding eourcea and Eound that many of them are not suit ab le to our situation either because we do not meet the criteria or they are too complex to be economically feasible. once a City Housing Agency La set up through the Redevelopment Agency, then that agency may begin to aggreeeively pursue addit tonal funding eourcea Ln order to better leverage the set ae ids footle. Ae these are the primary resources available to meet the houe ing needs of the City, they will be used to address the majority of the programs identified above. The following ie a brief description regarding [he use of these footle: Couuvity Developevt Hlock Oravt Pragraal (CDBe) Tha Community Development Block Grant program developed by the Clty Se designed to: (a) focus etforte within the designated target area9; (b) upgrade the existing housing stock; (c~ improve inadequate and substandard public improvements; and (d) provide necessary support facll it ies and eerv ices. Tha intent of this approach ie to eliminate the causes and prevent the epreed of blight and deterlorat ion, to provide a decent, and quality living environment for all ree identa, and to support the investment _~7_ of public and private funds and rehabilitation. For the current fiscal year 1991-92, the City will receive approximately $518,000 in program funds. It Le Doped that the City's allocation will remain approximately the same oz greater over the next Eive- year period. Redevelopment 10 Pezcevt get Aside hnd Rancho Cucamovga'e affordable housing program will rely heavily on the Redevelopment Agency's eteatlily increae ing Low and Moderate Income Housing Fund. Use of that fund is governed by the State•e Community Redevelopment Law and the settlement with the Western Center on Law and Poverty. State law and the settlement provide clear criteria for rent and income levels of fund-assisted unite. The settlement et ipulation allocates the Agency's Low and Moderate Income Housing Funds by income level. The [erne of the etipulat ion allow the City to address a wide range of ant icipeted incomes and rental levels which will not be served by unaeeiet ed private development in Aancho Cucamonga. At least one-sixth of the aeeieted unite must be for houaeho ids with incomes not greater than 35 percent o£ the area median income. one-third will be for houeeholde with incomes not greater than 45 percent of the median. The remaining half of aeeieted unite will all be for houeeholde earning not greater than 90 percent of the area metlian income. Part of the latter half, determined Dy the needs anelysie of the City's Housing Element, will ba reserved Eor houeeholde earning not granter than 60 percent of the median. The settlement permits aeeietance to both owner-occupied and rental housing. In either case, the mix of unit size by number of bedrooms would be controlled by tDe City's Housing Element. Rents or seise prices of aeeieted unite would be reetrictetl by law for a minimum of [Dirty years. Uu of other Public lands. other types of public aeeietance may be Ln the form of each areas ee Mortgage Revenue sonde Seeuad by the County of San Bernardi no or the Cnlito rn Ln Housing Plnanca Agency's (CHFA) Resale Program. Private Resources Private resources that are utilized to assist housing needs era generally not available to the City, but are provided to those ident if led need houeeholde. Far example, private funds ere used by local churches and organizer lone in order to provide food and shelter to homeless persona. There are no known non-profit hcueing organizatlone operating Ln the City. With regaztl to energy conversion, the Southern California Cae Company •ponecn a tree Weathertzat Lon Program for low income gee customers. In nddlt Lon, the City continues to enforce and regulars the existing State Rmeident ial Energy Design Guidelines through existing Call COrnLa Stara and Uniform Building Codes. -78- PRAT 3• Oi t' 1 C 't Avd R 1 The organizational Structure tilt imately, decisions regarding what programs the City will allocate resources to are made by the Rancho Cucamonga City Council. In making these deciaione, the Council receives input from City staff and interested citizens. Haeed upon this input, a est of polic iee are approved for utilization of available Eunde. The aetu al implementation for carrying out these poi is iee antl decia ions is then handled primarily by City et off. This includes developing and implementing the actual program ae well ae acting ae a liaison to other agencies who carry out programs for the City. Currently, Lt ie primarily the Planning staff who oversee the implementation and eoordinat ion of housing programs. Gaos in the Delivery Svetem end Pla e t P'll th V 'd Resource allocations for the how sing strategy are limited to those funds which are readily available. However, it ie the City's intent, through creation of a non-profit houeinq agency ae part of the Redevelopment Affordable Rquainq Strategy, to eventually increase our available funds through more aggressive investigation of alternative funding sources. This may include participating in competitive programs which require additional staff time and expert iee. in relation to eteff availebillty, fiscal year 1991-92 will be the fir et year in which the CD HG program was handled entirely by City staff. Previous to this, much of the program's implementation had been handled by the County of San Bernardino and coneultanta hired by the City. While both were able to do a capable job, their time was not devoted eo laly to Rancho Cucamonga. WLth City staff handling the program, the focus will be entirely upon our City and should result in a more teeponeive and productive wee of the funds. PART 6: Barrier/COOat ninN to Affo [daDl Rovaino This section discusses the potent lei governmental constraints upon the maintenance, improvement, or development of houeinq for all income levels. Tha constraints include areas such as public aervicse and development fees, school overcrowding, timing, and financing of infree[ructure. A tliecuee ion of market rood It tone can be found Ln the communiey Ptof ile, Pati 2. Land Dee and Zoning The CLty's General Plan eetabliehee six reeldential density categorise "for purposes of providing the City with a range of bu llding intone it tea that allow tlexibil ity in dealing with various else constraints and opportunities." The density ranges of these rea ident ial categorise ors ae follows: _yg_ DENSITY RANGE Cat eaoiV Minimum Maximum Veiy Low (VL) 0.1 ~ Low (L) 2 4 Low Medium (LR) 6 B Medium (M) B 14 Hed ium Hiqh (RH) 14 7q High (H) 24 3D In addition to these residential categor iee, the General Plan provides far three open apace categories, two of which may allow some residential development based upon the rasa lte of environmental studies. Rancho Cucamonga'e residential development requirements contained in the City's Development Code and the four community development plane (Etiwanda Specific plan, Victoria Community Plan, Terra Vista Community Plan, and the Caryn Community elan), allow residential zoning categories and densities that are conaiatent with the City's General Plan. The basic development atandarde contained in rheas plane are generally conaiatent, although they have Deen tailored to meet the specific needs itlentitied within ench of the community planning areas. In the Terra Vista and Victoria Community Plane, provisions have been added to allow cluster development in the Lcw Medium and Radium ree ident ial categor iee (cluster development ie automatically aeeumetl in the higher density categorise). In atldit ion, both plane have been designed to allow flexlbil ity in trading tleneitise among different areee within each plan without requiring a General Plan Amendment, ae long ae the maximum density permitted by the plan is not exceeded. Somewhat different from the Terra Vi eta and Victoria Community Plane, the Development Cade and Etiwanda Specific Plan utilize the application of a density range concept. Th ie concept allows for the use of bee is and optional development standards. Projects which meat the minimum basic atandarde are permitted to develop at tlanait iee which are at the lower entl of each density range. projects which meet the generally more demanding Opt ionel Standards, in terms of greater provie ion cf open apace, buffering, and recreational area facllitlee may tlevelop at the higher end of each density range. Ae a trade-off, under the optional atandarde many of the development requirement e, Including setbacks and lot coverage, are reduced to accommodate the higher deneitiea. Other atandarde such ae parking and height requirements generally do not provide tonal raint to development except in the more sensitive hillside areee where he ighte are limited to 30 feet. However, throughout the rams irder of the City, heights are generally permitted to increase with increased density. Parking ie based upon the unit type entl number of bedrooms, with carports permitted in multi-family developments with approval from the Design Review Committee. Overall, the City's Development Standards ere based upon acceptable provielone and ors not excep[lonal or unu eual, and in fact eta conaiatent with those of eurrou nding tom^',unit iee. The provisions allowetl under the Terra Viet a, Victor ie, and Caryn -80- community Plane are somewhat lees demanding than those contained in <he City's Development Code and Et iwanaa Scecific Plan, but this reflects the unique community character within each of these areas. In fact, the variability cf developmene etandarde allowed through implementation of the Cit y'e Land Use Plan, pave lopment Diet rict Map, and Community Plane permits a wide variety of housing types to be provided, including single and multi-.':.mily, rental and ownership, ae well ae mobile home e. Ae a result, application of these development etandarde on the remaining vacant land resources will coot inue to enable a broad range of housing alternat ivee. euiidine Codes antl Enforcement The City of Rancho Cucamonga hoe adoptetl, by reference, the 5t ate Uniform, Adm in ist relive, Building, Mechanical, Plumbing, Housing, Bu iidinq Security, Vnif orm Sign, and Abatement far Dangerous Budding Codes. These codes ore cone itlered to be the minimum necessary to protect the public's health, aaf sty, and welfare. Additional etandarde, Nnt Tonal Fire PYOtection Association (NFPA) 13D and 13 R, have been atlopt ed requiring that all new resitlent ial dwellings be constructed with an installed sprinkler system. Th ie has been requ icetl in order to protect the public's health, safety, and welfare and ie not cone idered an unneceeaary constraint to housing. in addition to the etandartl code enforcement practices, the City encourages the preservation of eignificnnt historic structures through application of the State Historic Building Code, Title 24, Part e, of the Cal Lfornin Adminietrat iva Cade which permits the uea of or Lginal or archaic materials in reconet zuct ion. Also, the City utilizes the options available in Section 1233 of the California Adminie[rat ive Code, which allows an agency to exert ire "reasonable judgment in the application of requ iremente^ regarding the coati inued use of existing etructurae. Ae the majority of the Ctty'e housing stock hoe been sonar rutted since 1970, it ie in relatively good rood it LOn with few bui ld Togs needing repair or reconet ruction. However, for those etructuree which do need repair, the City enforces those etandarde and requlat ions which ensure reasonable and adequate life safety but allows the exercise of judgm¢ut in application of etandarde and regulations ae permitted in [he coda eo ee to not unduly penalLze older dwellings that were built under lase demanding codes. Reeidentyal Review Proceee The City's Standard Review Proceee, from the time of formal application submittal through review by the Planning Commission ideally takes 11 weeks. Thle inclutlee approval by the verioue rscommantling review committees including the Gratling, T¢chnicel, Dee ign, and Treil• Committees, when applicable. The process le set up eo that all of the necessary reviewing departments, including Building and Safety, Engineering, Community Services, Police, and Fire Departments are involved in project review from the earliest et ages. A9 a result, City agencies function in a coordinated manner end the applicant ie eppraieetl of any concarne early Ln she Yevlew proceee. This review format ie used Eor all types of projects including industrie 1, commercial, and residential. While the actual review proceee may extend beyond the 11 week period in some cases tlus to the complexity of the project, Ldent if Latl eigniflcant envi ronmentel issues, or inadequate plane, it typically dose not vary in length for -81- single family ae compared to multi-family proj ecte. In fact, it ie cften those single family projects located in environmentally eene it ive areas that take longer to review. Although the review process ie not typically longer for multi-family type projects, staff can investigate methods by which it may be pose ib le to further reduce the length of review time for multi-family projects with affordable unite proposed. Therefoce, a program hoe peen included in tae City's Housing Element which stereo that the City shall evaluate the review processing procedure to allow expedited rsvisw for affordable projects utilizing 20 Percent Bet Aside Funds or for multi-family projects with unite affordable to lcwer and moderate income houaeholde. 5choola Ae a result of the City's rapid growth since incorporation, the local school districts face severe overcrowding. To assure adequate school apace, the Clty requires dsvelopere to obtain written cart ifLcat ion from tae elementary and Rlgh school d istricte in which the project site ie located et at ing that adequate school capacity ie available before a residential tract map is recorded and/or huildinq permits are issued. The concern among the school districts ie their inability to finance the conat ruct ion of new school facilit iea since Proposlt icn 13. Tas dietrict• are currently relying on tlevsloper fees to pay for the cost of temporary facilit tee Eor new students. Wits the approval of new legislation (AB 2926 and related amendment •, A8 1929 0[ 1988, and A8 181 of 1989)r which became effective on January 1, 1987, a Stets mantlsted local program was imposed which also requ tree written certification by the appropriate ec hcol dietrict but eats epecif is limits on tae fee amounts. In addition, fees are now also required for commercial and industrial developments ae we 11 ae for r¢eid ential proj ecte. The maximum fees imposed were originally set by the State antl may 6e increased every two years to adj uet Eor Lnf lot ion. Tae legielat ion nl eo established a method for providing interim clasarcom facLltt lee when overcrowd lnq conditions exist. A City may raga ire the dad icat ion of land, payment cf in-lieu fees, of a combination of theca two ae a condition of approval. Aa a result, the individual dl etricts may regatta fees in addition to those set by the State. As shown in Tabl• 35, two of the five school districts, Etiwanda and Cucamonga, require fees in addition to those sat by the State. While school fees can be a constraint to development, they are necessary to help alleviate overcrowding. Atldltionelly, as rheas fees era imposed by the State, Lt Le not within the Clty'e purview to change those fees. -82- TAELE 35 SCHOOL PEES POR COMMERCIAL/ZNIIUSTRI AL ANp RESIDENTIAL DEVEI.OPNENT REQUIRED EY RANCHO CVCANONGA SCHOOL DISTRICTS AS OP NAY 1990 gist rict Couarciel/Industrial Residential Additional Pee• Alta Loma $.18/Sq. Ft. $ .48/Sq. Ft. Central 5.18/Sq. Ft. $1.10/Sq. Ft. Cucamonga 5.38/Sq. Ft. 51.08/Sq. Ft. 52,000/du Etiwenda $.18/Sq. Ft. $1.i0/Sq. Ft. $1,~68.94/du Ch affey Joint Union High 5chcol $.OB/Sq. Ft. $ .48 /S q . Ft. Dave lopnent Feee With decreasing amounts of Federal and State funding available to Local jurisdictions, it is important for tit iee to levy Ease ae a means to recoup the actual coat required to perform various runt[ ions and services. This ie part Lcularly lmportant for those tit iee, such ae Rancho Cucamonga, which incorporated after the advent of Propoeit ion 13 and as a raeulC receive very little property tax funding. 1n order to determine the appropriate amounts of fse• to charge, a detailed coat evaluation wee performed by a private coneu It ing firm. It was found that the fees be my charged were inadequate to cover the coat of procea sing perm tte and inf r~~tru cture and, In fact, the City had been heavily subsidizing development. Ae a result, fees ware lncr eased and will be in effect ae of September 16, 1991. However, increasing fee amounts dose have an impact on the co et of housing. While the coat of Ease ie cone idered a constraint, it ie not aomethinq that the City can or should remove. Flood Protect Lon Inadequate and mi9eing drainage facilit iee present a major constraint to development in the City. Thera are varLOUe levels of drainage facilities that are required to provide adequate flood protection. Ae shown In Map A-6, the larger regional and secondary flood control channels such ae Day Creek, Oeer Creek, and Etiwanda/San Sava ins are owned and maintained by the San Bernardino County Flood Control District to which the City contributes a share funded through the collection of drainage Ease. Master Plan fecllitiee and local drainage facilities ors CLty owned and operatetl. Typically, development le required to conetruet these new master plan and local fec it It iee for the City, and than be reimbureetl, through the collection of drainage fees. -83- In the Et iwanda/San Sevaine Drainage Halter Plan area, Bevel opm¢nt south of Highland Avenue cannot occur until new drainage facil it iee are installed. The coat of the new fat flit iee is generally beyond the financial capabilit iee of an indivldual daveloper and will xequ irs long-term financing commitmenter auto as the eetabliatuosnt of assessment districts ae permitted in the 1982 Mello-Roos Community Facilities Act and the Improvement Act of 1913. _Ra- IV. THH 0N6-YEAR ACTION PLAN The one-Year Action Plan seta forth the actual implementation o£ the prior itiee identified in the Five-Year strategy. The Action Plan will include a diecu6e ion of reaourcee available that year, object ivee taken to implement the five-year goals, and a monitoring system to Delp facilitate achievement of those priorit iee. PART 1: Resources Sources and Commitment of Funds 1P bl' d P i at 1 Ae deecribetl in the Five-Year Strategy, the two primary sources of Eunde available to the City will be the Corcvnu nlty Development Hlock Grant and the Redevelopment Agency's 20 Peic ant Set Aside Fu nde. Zt ie set imated that there will be approximately $518,000 available from the CDBG program for fiscal year 1991-92, antl there will be approximately $16.2 million available in the Redevelopment A.gency'e Set Aside Fund. Uee and alLOCat ion of the Community Development Block Grant Funds will be in accordance with the annual needs assessment prepared in the first part of the calendar year. This involves an assessment of the CDBG long term goals ae well ae input from interested citizens and groups. It should De noted, however, that to date it hoe been the City'a policy to provide funding to those service agencies antl groups who err able to demonstrate actual use of their facilities by Rancho Cucamonga residents and the ability to keep accurate records of [Dose araistetl. In order to encourage service providers to apply Eor use of the money, the City will send out a notice of the Eund •e availability to those groups known to provitle services to Rancho Cucamonga rea ideate and will publish public notices Ln a paper of local circulation. Community Development Block Grant Punde do have restrict Lone regarding eligible act iv it iee. WUD requires that 70 percent of the available funds be utilized for activit lee that benefit low and moderate income persona. of the overall total, 20 percent may bs used for adminietrat ive purpceee antl 15 percent may be used to provide public services. Administrative agar are to be considered part of the 70 percent requirement as adminietrat ion of the program ie con6 idered to benefit low and moderate income persons. In addition to CD HG, the Redevelopment Agency is oleo restricted in their use of the 20 Percent Pu nde. In 1989, the City reached an agreement with the Wre[ern Center for Law end Poverty on the uses of the City'a Redsvelopnrnt Agency Affordable Noueing Fund. The Agreement deecr l6ee how fund revenues will De used ep provide affordable houe ing and establishes four income levels eligible far housing aestetance from the fund. PRAT III TDr Om rYur Action Plan The Action Plan is presented In the Eorm of annual objectives which bcrak the lon9- range prioritise Lnto managaa63a components. For each priority and goal previously identified, a one-year objective will be epecif ied. The following Ls Rancho Cucemonga's one-Year Acelon Plan. -RS- Priority 1 Priority 1.1 Provide rental see iatance to very law income houeeholtle, including persons with special needs and ai-risk houeeholtle. (The term special needs includes all persona with special nestle inclutlinq BinglO parent e, battered spoaeee, eentore, handicapped, etc.) Five-Year Goal: The City shall continue to provide its Eair share by see ietinq 175 houeeholtle. This includes 11'1 new construction unite, 11 scat teretl site unite and 47 cart if icntee and vcuchexs. One-Year obj active: The issuance of 9 new Section a vouchers and cart if icatee. Aeepone ibis Agency: City of Rancho Cucamonga in conjunction with the San Bernardino County HOUain9 Authority. Priority 3.2: Noderate rehabilitation of existing single family and mobile homes for both vary low and low income homeowners. Five-Year Goal: 125 grant e, 25 loans. one-Year Objective: 25 grants, 5 loans. Responsible Agency: City of Rancho Cu camanga, Planning Divie ion, CDBG Program. Priority 1.3: Acqu Seition and preeervat ion of ezieting affordable rental unite available to very low, low, and at-risk houeeholtle, Five-Year Coal: Preserve ee affordable, the 355 housing unite that may be eligible to convert to market rate rents 6y 1996; maintain the existing rental e[ock, and ensure that mobile home rents remain at affordable levels. one-Year Objective: No assistance provided this year. Program will become active upon creation cf the Redevelopment Agency's Houeinq Authority which is ant icipnted to occur in fiscal year 1991-92. Reeponeible Agency: City of Rancho Cucamonga, Redevelopment Aqancy. Priority 2 Priority 2.1: New covet ruct ion of affordable rental units to benefit both very loW and law income households. Five-Year coal: Provide 297 neW unite. one-Year Objective: No development/construction anticipated this year. Responsible Agency: City of Rancho Cucamonga, Redevelopment Agency. Priority 2.2: Moderate rehabll Ltetion of single fam Lly hones for low income f Lrst-t lme home buyers. -B6- Five-Year coal: 3 loans. one-Year objective: 1 loan. Responsible Agency: City of Rancho Cucamcnga, Planning Di•i ieion, CO BG Program. P rio rite 2.3: Tha toner ru ct ion of inti aetrvcture improvements to benefit both vary low and low income households inelud Lng handicapped acceeaib Llity nestle. Five-Year Goal: Complete needed infraet ru crate improvements in Southwest Cucamonga and begin improvements in Old Alia Loma. Complete handicapped access facilities ae needed throughout the target area. one-Year Objective: Continue work toward completion of Southwest Cucamonga street improvements. Reaponei6le Agency: City of Rancho Cucamonga, Planning Div iaicn, CDBG Program. Pzlority Z.b: Acquieit ion and homebuyer aeeietance for low income flret time homebuyere. Five-Year coal: 10 houaeholde. Depending upon the number of available homes that come on the market. one-Year objective: 2 Respone ible Agency: Ciiy of Rancho Cucamonga, Redevelopment Agency Priority Z.S: provide facilities and services to identlEied home lase persona. Five-Year Coal: Provide support to those aervicea aeelating th0 home lees population in Rancho Cucamonga. Ace Set 30 cases. One-Year objective: No aeeietance provided thi• year. Nowavar, the City will <oniact area support eerviea groups regarding the nvailabiLity of future funds and request that service pravldere track the number of persona assisted Erom Rancho Cucamonga and submit propoaale the following year. Aeepone ib le Agency: City cE Rancho Cucamonga, Planning Div is ion, CDBO Progzam. Priority 7.6: Provide support and sarvLcaa to other per¢on• with epeciel need e. Five-Year Coal: Ptuv ids support to services in order to eaaLet 80 cases. One-Year onje<t ive: nm aaeletnnce provided this yaer. Nowavar, the City will coot act area support services regarding the nveilability of future Eunde. -87- Reeponsib le Agency: City of Rancho Cucamonga, Planning Div ie io n, CDBG Program. Pri ority 3 Prio rite 3.1: Provide rental assistance to very low and low income homel¢ee persons for transitional houeinq. Five-Year Goal: Provide eeeietance to 30 caeee. One-Year Objective : None this fire[ year. Program will become active upon creation cE Redevelopment Agency's Housing Authority which ie anticipated in fiscal year 1991-92. Reeponeible Agency: City of Rancho Cucamonga, Retleve lopment Agency prioriip 3.2: Provide euFPOrt facilities and services for very low and low income households. Five-Year Goal: A6ei et 430 caeee. One-Year object Lve: Aeeiet 9 Fair houeinq cases and 254 landlord/tenant clients. Reeponeible Agency : City of Rancho Cucamonga, Planning Division, CDBG Program through Inland Mediation. Priority 3.3: Provide moderece rehabilitation aeeietance to very low income f fret-time hom¢buyere. Five-Year Goal: 2 loans. One-Year Objeet ive: 1 loan. Reeponeible Agency: City of Rancho Cucamonga, Planning Div ie io n, CDBG Program. PART 3: Removal of ea rrie rs With the intent of continuing to provide a vehicle for the construction of affordable houeinq, the City intends to prgpara an ordinance amend Lnq tho Development Code to more directly addtaee revle io ne to the St ere Density eo hue Law, Government Code Sections 65915 end 65917. PAAT 4: Mggitorlnq Plan: Self monitoring on a cone le tent bee ie ie the beet way to ensure that goals and objectives are being achieved in a timely manner. Yt le also important to ldent ify those goals which are not being met, evaluate the reaeane why, entl make changes ae neceaeary either t o meat those goele or to set more realist is ones. An overall monitoring of the City's Community Development Block Grant Program occurs on en annual ba sie with the Grantee Perfo~manca Report. Add It tonal monitoring w111 now occur with each annual update to the CHAS. -88- However, there are specific act ivit iee which require monitoring on a more frequent baeie. For example, some types of eubrec ipient agreements require reporting on either a monthly or quarterly baeie and there are semi-annual reports required on labor standards enforcement and minority business enterprise contractor/subcontractor activity. Finally, there are some projects that require monitoring on a more frequent has ie, ae ie the case with those capital improvement projects receiving federal funds that moat comply with Davie-Bacon requ iremente which require weekly payroll monitoring. -89- PART 5: Certificstioa• COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CNASj CSATZ FICATION The City of Rancho Cucamonga hereby cert ifiee that it will affirmatively further fair housing in the adminletrat ion of houainq and convnunity development act ivitiee in the private and public aectore. The City further certifies that it will maintain supporting evidence which shall be kept available for inspection by the Secretary, the Inspector General, and the public. Signature Certifying Official -90- CERTIFICATION The City of Rancho Cucamonga hereby cere if iee that it will comply with the requirements of the !In iform Re LOCaCion Assieiance and Real Property Acquit it ton Poli<iea Act of 1970, ae amentled, implementing regular ions at 49 CFA 24, and the requ iremente governing the residential ant idiap lacement and relocation aeaietance plan under Section 304(d) of the Ncueing and Community Development Act of 1976 (including a certification that the juried iction ie following ouch a plan). Signature Certifying Official -91- v. pexeAAx. Denxxxxoxs oseD wxme xae ceas Affordable Noueinc: Affordable houainq fie generally defined as housing where the occupant is paying no more than 30 percent of gross income for gross hone ing costs, including utility co ate. (Affordable houe ing has a more specific definition for purposes of completing Tab 1e 58, Goa1e for Famil iee to be Assisted with HllD funds. That definition fie included in the inetruc[ione for Table 58.) Committed: Generally means there has been a legally binding commitment of Eunde to a spec if is project to undertake spec if is act iv it iee. Consortium: A group o.f juriedi~:t ions that apply together as a participating juried fiction for HOME Eunde. Ae aeons for Eorm ing a cone ortium include the lack of ird ividual eligibility for a grant, and if the size of the grant fOY which they are collectively eligible fie eignif Scant ly larger than the sum of the individual grants. Any juriedict ion may join a consortium with one exception: local governmental that are part of an urban county may not join unl¢es the urban county joins ae well. Cost Burden > 308: The extent to which grcee houainq caste including utility costs, exceed 30 percent oP gro ee income, based on data published by the U. S. Cenaue Bureau. coat Burden > 50e (Severe Coet Burden): The extent to which grove housing costa, including utility co eta, exceed 50 percent of gross income, based on data published by the D.S. Ceneue Bureau. Count San Bernardino County. Disabled Household: A household composed of ohs of more parepna nt least one of whom fie an adult (a person of at least 18 years of age) who has a dibab it it y. A person shall be considered to have a disability if the person fie determined to have a physical, mental, or emotional impairment that: (3) fie expected to be of long- continued and indefinite duration, (2) eubetant telly impeded hie or her ability to live independently, and (3) le of such a nature that the ability could be improved by more 9uitab le housing conditions. A person shell also be considered to have a disability if he or she has a developmental disability ae tlef fined in the Development D is abilities Aaeiatance and 8111 of Alghte Act (a2 V.S.C. 6D0x-6006). Economic Independence and Self-Sufficiencv Proorame: Programs undertaken by Public Housing Agenc iee (PNAS) to promote economic Sndependence antl ea lf-sufficiency for participating families. Such programs may include Project Self Sufficiency and operation Bootstrap programs thei or Lginated under earlier Section 8 rentnl certificate end voucher lnitiat Sues, ae well as the Family Self-Sufficiency program. In addition, PHAe may operate locally developed programs or conduct a variety of special projects designed to promote economic independence end self-euEf LC iency. Elderly Houeeho ld: A family which the head of the household or spouse le at least 65 year of age. Exist ins Homeaomer: An owner-occupant of ree idential property who holds legal title to [he property and who uses the property ae hie/her principal ree ldence. Fam i1 A hou eehold comprised o£ one or more find ividuale, -92- Family Self-s ffi i •• •^SSl Procram: A program enacted by Section 554 of the National Af fo rdnb la Houe inq Act which directs Public Housing Agencies (PHAe) and Indian Housing Authorit iee (THAS) to use Section 8 assistance under the rental certificate and rental voucher programs, together with puhlic and private resources to provide supportive services, to enable participating families to achieve economic independence and self-sufficiency. First-Time Nomebuver: An individual or family who has not owned a home during the thr¢e-year period preceding the NUD aeeistea purchase of a home that mu at be used ae the principal residence of the homeowner. Fqr Rent: Year round housing unite which are vacant and offered/available for rent (U.S. Ceneue definition). For Sale: Year round housing unite which are vacant and offered/available for Bale only (U.S. census definition). crouv Ouartere: Facilit Les providing living quarters that are not claeeif ied ae noosing unite (V.S. Ceneue definition). Examples include: prisons, nursing homes, dorm itorfes, millt dry barracks, and shelters. IONS: Ths HONE Inve atment Partners hip Act, which is Tit 1e II of the National Affordable Housing Act. The Act set ablishee a new block grant program to fund rental and homeawnerehip opportunities through new construction, acquisition and rshaDil it at ion. HOPE 1: Ths NOP& for Public end Indian Housing Homeownership Program, whLch ie TLt le IV, Subtitle A of the National Affordable Housing Act. HOPE 2: The HOPE for Homeawnership of Multi-Family Unite Program, which ie Title IV, Subtitle B of the National Af Fordable Housing Act. HOPE 3: Tha HOPE far Homeownership of Single Family Homae Program, which ie Title ZV, Subtitle C of the Notional Affordable Housing Act. Hous n Unit: An occupied oz vacant house, apa:tmant, of a single room that ie intended ae eeparete living querlere (V.S. Census definition). Inet itutio /I tit io 1: Group quarters far parsons under care or custody (U.S. Census definition). J iedi ti A state or unit of general local government, e.g, metropolitan city, urban county, elty, tawnshlp. Larne Fam11v: A household of 5 or more persona which includes at least two related persons. LIHTC (Pedernl) Low Income Houeiny Tax Credit. Low Income: Noueeho lda whose incomes tlo not exceed 80 percent of the median income for the arse, ae tletermined by HUD with edjuetment• for smaller and lergar famil iee, except thet HVD may eeteblieh income cell Lnge higher or lower than 80 percent of the medLan for the etea on the baei• of HUD's findings that such var latione are necessary -93- becauee cf prevailing levels of cone tract ion caste or fair market re nta, or unu eually high oz low family incomes. NOTE: HUD income limits era updated annually and are available for local HUD offices for the appropriate 7urie dict ions. Middle Income: Households whose income are from 96 to 120 percent of the median income for the area, ae determined Dy HUD, with adju atmente for smaller or larger Eam it ibe, except that HUD may set ablieh income ceilings higher or lower than 120 percent of the median income for the area on the baeie of HUD's findings that such variations era necessary becauee of prevailing levels of construction caste or Eair market rents, or unusually high or low family incomee. Moderate Income: Hou aeholde whose incomee are between 81 percent and 95 percent of the median income for the area, as determined by HUD, with adj uatmenta for smaller or larger families, except that HUD may set ablieh income tail inge higher or lower than 95 percent of the median for the area on the baeie of HUD's fintlinge that ouch variations are necessary becauee of prevailing levels of construct io r. costa or fair market rent e, or unu eually high or low family incomee. Needing Rehabilitation: Dwelling unite that do not meet standard conditions but are both financially and etru cturally feasible for rehabilitation. This does not include unite that require only coemet is work, correction or minor livability problems or maintenance work. Non-Elder lv Household: A household which dose not meet the def Solt ion of ^E lderly Houeeho ld,^ ae def inetl above. Non-lost Stational: Group quarters for persons not under care or custody (U.B. Ceneuc definition used in Table 2A, Popu lotion and Hinor Sty data(. Not Rehabab le: Dwelling unite [hat are determined to be Ln such poor condition ae to be neither structurally nor financially feaetble for rehabLlit at ion. occuoietl Houeina Unit: A housing unit that ie the usual place of residence of the occupant~e~. other Hou Be hold: A household of one or more persons that does not meet the definition of a Small Related household or a Large Related househaltl, or ie an elderly houeeholtl comer Seed of three or more persons. Other Income: Households whose incomee exceed 80 percent of the median income for the area, as determined by the Secretsry, with adjustments for emallar antl larger Families. other Low-Income: Xousehold• whose Lncamae ere between 51 percent and 80 percent of the median income Eor the Brea, ae determinetl by HUD, with adjustments for emallar antl larger fam iliea, except that HUD may establish Lncoma ceilings higher or lower than 80 percent of the median for the area on the baeie of HUD's find inge that each variations ere necessary becauee of prevailing Levels aE con et ruction costa or fair market rant e, or unu eually high or low temily Lncomea. Othe P eons Lth Spec' 1 Needs: Includes elderly persons, Era11 elderly persons, persons with AIDS, dieebled famll iee end families part lc ipet Lng in organized programs to achieve economic self-eutfLcisncy, Thie category dose not include home lag B. -94- overcrowded: A housing unit co~taininy more than one pereor. per room (V.S. Ceneue definition used in Table lA, Hou Bing Aeeietance Nestle for Households). Owner. A household that owns the housing unit it occupies (U.S. Geneve dafinit ion). Phveical Oefecta: A housing volt lacking complete kitchen, bathroom, or electricity (V.S. Ceneue definition used in Table lA, Housing Aeeietance Needs for Households). Pzo iect-Bne ad Bent ell Aeeietance: Rental Aeeietance provided far a project, not for a epecif is tenant. Tenants receiving project-barred rental see ietance give up the right to that see ietance upon moving from the project. Rest Burden > 30i lCO et Au rdenl: The extent to which gross housing coat e, including utility coat e, exceed 30 percent of gross income, based on data published by the U.S. Ceneue Bureau. Rent Burden > 50a (Savors Coet Burtlenl: The extent to which gross housing costa, including utility costa, exceed 50 percent of gross income, based on data published by the U.S. Ceneue Bureau. R nter: A household that rents th0 housing unit it occupies, including both unite rented for cash and unite occupied without cash payment of tent (V.S. Ceneue tlef inLt ion). Re t occu 1 d Unit: Section 215 of Title II of the Nationnl Affordable Housing Act. Section 215 defines what conetitutee "affordable housing projecte^ under the Title II HOME program. Service Needs: The particular eervieee itlentlf ied for special needs populations, which typically may include transportation, personal cars, hcueekaeplnq, couneelinq, meals, toes management, personal emergency response, and other eervLCee to prevent premature inet itutionalizatlon end assist individuals to continue living independently. Severe Co et Burden: See Cost Burden > SO i. Sheltered: Pamiliee and persona whose primary nighttime residence 1• a supervised publicly or privately operated shelter (e.g., eswrgancy, transitional, battered women, and homeless youth ehelters7 antl commercial hotsl• or motels used to house the homalees). Sheltered home lass does not include any individual Lmprlsoned or otharwiee detained pursuant to an Act of Congreu or Stets law. Small Pamlly: A household of 2 to 6 persona which Includes at least two related persona. Subet andard Unlt: Any substandard unit which con be rehebLlit ated to a standard cond Lt ion at a co et, whLch does oat exceed the coat of building a new replacement structure. Subetant lal Rahabilitat lcn: Rehabilitation of res Ldsntiel property at an average coat Eor the project In excess of $25,000 per dwelling unit. -95- 5unm rt ive Houslna: Housing, including Housing Vnite and Group Quarters, that have a supportive environmont and inc lodes a planned service component. yppo t' P 'lit' nd s r Ae utilized in Table 3 of the Appendix, this involves eery ices and fac ilLties provided to low and very low income residents of the City including such thinge as landlord/tenant mediation, counseling, at c. Sunoort ive Services: services provided to residents of supportive housing for the purpose of facilitating eha independence of residents. Some examples are teas management, medical or peychologicnl counseling and supervision, child care, Lraneportation, job training. Tenant Aeeietance: Rental aoeistanco payments provided ae either project-based rental see ietance or tenant-based rental aeeietance. Tenant-Baeed fRentall Aeeietance: A fozm of rental assistance in which the assisted tenant may move from a dwell inq unit with a right to continued aeeietance. The aeeietance is provided for the tenant, not the project. Unsheltered: Families and individuals whose primary nighttime residents Ls n public or private place not designed for, or ordinarily used ee, a regular Bleeping accommodation far human beings (e. g., the street, •idswalks, cars, vacant and abantloned buildings). v t o trip o o c r H ld: Vacant year-round housing unite that have bean rented or Bold and are currently awaiting occupancy, and vacant year round housing unite that are held by owners or renters for occuicnal use (V.S. Census definition). Vacant Houeipg,Unit: VnoccupLd year-round housing unite that are ava Liable or Lntsnded for occupancy at any time during the year. Verv Low In coma: Households whose Lncomee do not exceed 50 percent of the median area income for the area, a• determined by HVD, with adjustmsnte for smaller and larger families and for erea• with unusually high or low lnacmae or where needed because of prevailing levels of construction costa or fair market rants. -96- APPENDICES REQUIRED CHAS TABLES Q g~g S 2 a 0 n ~ e ~ ~ ~ mm,lq__ ~~ I _ o __~„m .~_o ~o _ a~.~.~< ~s~ ~ ~ I~I~~',~ ~ Y t ~'I~°~C~Y ~ °~~~~. ~i ~~ ~ ~ 1 ~ l~l~ ~ ~'~ ~ $~ ~ ~g~ ~ g a ~ $G {y~ N, 0 oY qq_° # ~ I,, '', L,,~ ~', "'i ~ ,~~. a I ~ '~ ~ g$m$ I it u ~ -,.'s~~ I II '~ ~ ' l'l I c ~~ ~ a l ~ ',, '. ti ~, ~ I ~ '. ~ .rm.. C - ', ~ ~. I. - ~ l ! ll ',, I. I ~ U l :~ ~ ~. lm I l I l'l ' .~~_s~ !~' l ~ n ~ ~ m 3 ~ i r. ''~ ~ ~" d I ~ ! '~ I I . 111 II l ~ ~ !~^. r 0 i 1, ~~~ I i I~ i ~ l ~' ', I i w ti li 'i, c ' In ~ I l 'i I I I ~ I I I~, I l ~ ~,, ~ I-h ~ "' I I ~~ ~ '~ ~I~ I ~''I I ' I '~, ~~ v ~ I ~ ,, ! ~ l l n e_ ill I ', ~ i ~ ~,=a ~ ~I ' ~u ~1 l~ , ~ Q9~,. Y' '' ~~ z2 m- <m ~- av ~ ~ 4 m P 4~ i '` s "a ag ~~ a~ g~ ~ ~ ao ~ E~ a ~~ ~ ~~ d Qa ~p N N N ~ tt y D N m A ~~ 3~ m~ =a N yC O N O a N c ~~ 3 m 3.. ~~ S~ s ~o o c °~' 3 ~4 3 ~. $9@- D N ~' S ~g o < ~ S n' a~ :~~ ~ :;s ~ wed „o, as ~~ 8 ~a ~ ~, ~ - m 3 ~ s i 'i 1 `c ~ I ~ ~ Y Ali i i, i, ', ~ ~~ ~~ ~a it ~, imC ~~ '. '. ~ i I i li i II 6' ~I ~ i~ I' ~~ ~ II Nq R E I I » I J a i ~ " I € e ~ ~, ~ ~ s , l a R y ~~e ~I ~c~ 'S ~~$ ; -g F _~ ~i 2 r 2 (1 f °c = D pe 7. y o~ v mw ~ N d N D mm O ~ 3~ ~~ xa N Cy O 7 O a N c N n. m ~~ m ~a ~ ~~ ~ ~~ °a' 3 q gAg d 8 N 9 ~+ g gsy ~ S s c 0 3 0 ~. a C V m V~ N ~. U. ~ ~ i ~ ~ ~ ~ 9 m ~ ~_~ ~o P u~ Y N .. g< ~ ( g i ~ ~~4~~II~ l 6 i S ~'~.~ ~ G ~ c j 3~ $ ~ g~"~'S a ~ i~~~ ~~ ~~ a ~ ~$~pg~' ~f ~ ~'~~5'~~ c ~ r ~ ~ 0 ~~' ~ ~~ 3a ~s ~ Q ~i ~ % , ~I ~~I I i ~, '. '' '~. a m ~ ~~ PP I E II e g m N r '. '. ~' ~~ I ''i y I i, ~I ~ I, I ~ o ~ I ''~. $ l ' I I I I I .~ it ~ I i I ~~ I ~. ~ ~, ~ I~ ` '.~ ~, ~, y i ~i e ~, ~ I I i'~I ~ i i I, ''', II '~, ~ ~i l '~~I, ~ I ~ ~ ~N I i i I I~ I ~--. I IIII _~.-i4-- ~. v L ~e ~~ ` II i III I 'I i i, ~ 'i~ ~ ~` ~ i, ~~~ ppo~ v 3 T C 0 ,m,- _m v - o, ~ m Q dq me N t 2 C 3 r, i n C c a~ m' c '~!'s ~~, s v ~ r2 n f ~ D ~3 N ~m m a> c ~ N N N d y n A d 7 O ~ N =a N C O m O c w e w ~ ~~ m ~ ~ ~~ R d v ' tY N }~ #J@- x N Q 7 S $ ~. s~ 19 of pig} Yi B 'm ~~m Bpi yu~on~oc vas ~.+gQ y T'c ~il ~c me' osi• S4ig~ 0 4'> ~2 ~ ° m x ~ ~'~ S a~d~'$~89g~~~P~~ sm e w e v~ N~ 3° 3.q ~ ~~ ~4 ~r n ~~ ~ s ° ~ ~ - m 's ~~ r. ! I u' xo- 4 ~Y J ~ it ~~ ~ ~ T~~ ~, I m N I ~I C~ ~ I ~ II18 ~ A I i ypp~ r~ p I '~ ~ ~ ~~ ~ III .~ ~ S i I I I II ,I I ~ ~ ; ~ 3 ~. ~ I o ~. I s I i I I I I i ~ I Ills ~. ~ i '~ i it s ICI ~I ~~ ~~ I ~ .. i II i 'I i i~ ~i ~ i a ~I 3 Z III I i I N ~. ,I I~ I ~~ _ ~ II i v~ '~ I ~I ~- i I ~ ~ ~ i ~ ~ ~~ l i ~ I =A~ I '~ ~I I '~~ r ~ ~ Ii~ I~ ICI '~'~ Illlli t I ~ I - I I ail ~ ~ ~I ~ i i ~ IF= I I, ~'I ~, ' ~~ I i ~ i rx n ~. C D Qe ~. N ~~ d oy c G N ~ N y D ~ ~ N =a N C O 7 O a N c °~ ~ Q ~~ N D ~.: c A ~+ age $% z a c ~' o R' q3a~ S ~ ~ ~ m ~ - ' m + m ~ : - ~ ~o m ~ F ~ ~.~~_ F ~ ~ ~ ''814~'.i~ ~ 84'~i~ ~ np~i "~~ ~ "Na ~ m$ _~ : l '' ~ ~ ~~ i a I i ~ R e'~' i I i ~~ I i ILA ¢~ i ''. I ''i CI ` v '~ - , ~ ,.7i ~ ~ I~ i I ~ I m I i l ii i li I, i ~ I a i Q ~ VIII ". I I ~ I i i I ! ' I ~~ I i I ~ ' i Ali I ~ i i P ~. T ,~ I~ ~~ 'I I I ~, I ! r ~ ~ '~ ~ ~` I ~ i i ~ i i " 'I i ~ I ~ i i - ! i i ' I ' i ~ l ~ ~ ~ i t ~l~ I Ilil'I ~ ' II~~~~' ~~'~ Y. ~'. m_3 T C ~ ~~ d- _„ v- om m $ N I N 4 ', m N i 4„ - i } ~ i L 1~ G~ ~S n c ~, ~ ~~ C O 2 f c y Qe ~ fR 3~ n~i aD c N ry N ~ N b N d 7 n A A ry = d y N '^' O a N c Qio ? ~4 1Q m q ~d ~~ 2 a x CHASTable16(Optional) U,S.DepedmenlalHauelrgmdUrb~n0.vNOpm~nt tJMw of Community pl~nrvrp ~M 0.wbpmem Other Special Needs Population Comprehensive Housing AttortlaDility Strategy (CHAS) Na-.e oNUna~aonpl or COnmmum frn vw hnm I~nw faa pq 'FY ergyn FY Carepory (A) '~~ Ia) (C) ~ Number of Households ~. ' ~ % "'~ 2 Supportive HOUSmg Need ••'JATA NOT (AVAILABLE ~, /j/j/ 3, Semce Needs n. Su0portrve Serves brm CHAS Table 2A u.a. DapaHmmt of Howbp mO Urban Dawlopmanl Olfid of Communrt/ Plannnq aM Gwbpmam Population and Minority Data Comprehensive Housing AflordatHlity Strategy (CHASI Nana 0! Ju".f0i W Mf O~ CA~.tl10Jm {M Y W Pa*pE M W AfO Y~f I ~ tlvPgn FY Cay o: Ra^, c.^.o C~camonca 92 ?6 t9a0 Gnwa Data 1990 Cwnwa Data Carepory or Cumnl Eatunate (A) (9) 1. Total Population 'I 55,250" ~ 101,409*"* 2. Wh!m (Nan-Hispank) ~'~ 53,130 ~ 69,546 3. Black (NprnHlspanic) ''. 1,193 ~I 5.725 4. Hispank (Ali raps) '' I 9,019 20 299 5. Natlva Amanran ~~ 364 42a 6. Asian antl PacBc Islandaro 1,165 5, 260 7. Group aYartara '' 268** 22' 8. Inaftulional I 602 -~@ ~ I 9. NominatAulpnel 20 10. Houuhold PoDulatbn ~,,, ,,, * Data from the 1980 Federal Census. ** Data from the SCAG Census repots of 2!1/32. '*" Data from the SCAG kegional Census Deta Center, 1390 Census, (SiFi). brm HU W 0090 (9911 CHAS Table 2B U,S.0.pnmant of Herolnp and Wban 0.wlopmmt Office of Commumy Plamm~p aM Dewbpmem Market and Inventory Conditions Housing Stock Inventory Comprehensive Housing AMortlabiliry Strategy(CHAS) Hama or JU•ad~nw.;al o, Cnnaorourr' - '. Fiw Var wood (MMNOl rral Fv. 92 d.agn FV 96 ~ Cnau ov C:. t or Rancho Cucamoroa '. ~'F tB 9'C Canwa 'I, ~ Cumnt EsbnaK a d: (amar drsl Category Tadl O or 1 bsdooma ', Z Oasoomu I 3 a morv baboama Iq lal ICl (D) 1. Total VaerRound Houaing ~. ', 36,367" _ 2. Total Occupied Unks '. 33 635 3. Ranter Occupied Unfs 9,997 _ ' _ 4. Needing Rehab ~ I~ 5. Not Rehabbable I 6. Owner Occupied Units 23 639 (THiS INFbRMATION IS NOT 7~JAILAELE) f 7. Needing Rehab r 'I I ~i 8 Not Rehabbable II I 9. Total Vacant Unds ~I i ~~I 2,732 I 10. For Rent tt. Needing Rehab ~' ' 12. - --Not Rehabbabla ~~ I 13, For Sale I, ' 83H t4. Needing Rehab i _ __ _ { I 15. Not RehaDbablo '' -~'I 'I, __-. -_. I 16 AwaAing Occupancy or Heltl ~~2 ~~ ' 17 Other I i iJ; J~sc rin•..n re-~.i labL from b5+"; R~9=noel C^cn'ar Data Cen*_er (cTTI). .n`~rm uJ.;, .., _.~ m•^.dJ nrS reh tb is nor, ovailab Le frog C.^_ 199'5 ;fengira. bon HUPa00g0 fp'9i l CHAS Table 2B V.S. Dap9nnMn1 al Romirp and Urban Davalopmanr Office of CammunM Flannrq aM lbrobpmant Market and Inventory Cond itions Housing Stocklnventory ComprehensiveHOUSirgAffoMBWliryStratepy(CHAS) Nvm of JuNEi6m(rl or Conpnum~ ! fM vw hroa.la^r Na yn.l Fr: 92 '. Mu9n FV: 96 ~ Cir; of Pancho Cucamonga ~dwfA an: ~1p Gnwa `L' Cumnt EfUMta as daw.r aml Octob=r 1, 1991 Calepory Tool OarlbWOOnn 2Oaboanu 3ar more beb0oma IA) IB) (Cl (~I _ 7. Total Yaar-Rountl Moualnp ~ I - _ 2, Total Occupied Units 7-r I I 3. RentarO¢upi9d UnOS ~~' ~' _. d. Needing Rehab i, ~, fi ; 6. Not R9habbablp i, ~ 6. Owner Occupietl Untta 'i i 7. Na9din9 Rehab 439 ~--- ~- ~ B. Nat R9habbable ~' ~ ~ ~' ' i 9. Total 9awn1 UnAS ", ~ ~- ~ tg. For Rent ' ' ~ 11. Naedi~ Rehab I ' ~ ~' 12. Not Renabhable __- _ ', - 13. For Salc ~, ~i i 14. Needing Rehab ', 12 ~ _ 15. Not Rahabbable l ____ H --y J ~_ 16. Awa0m9 Occupancy or ob 17 Other :~.. .. nu. L, "n ~'imonya 'rP"v; in.: As slS CwnrO Flar, froc. 1'l"1 38 b 9'3U 71 Mrtn NUD-10090 (p/9i) CHAS Table 2C U.S. 0.p~rtm~nt of Nowln0 rrnE UrEm W v~bpm~m OIrICa p(Communiry Plannaq and Dewkpmenl Assisted Housing Inventory Comprehensive Housing AHOrtlalAlity Strategy (CHAS) nM~ o1.Nrndwm(n or Coruanum Fr YM: Prnm, .nw M1wl yn 1 rr 92 '~., c,wa~PV' 96 ~ ..` Rancho Csanonga c~...ni l:.am.uuel lmwaWj n..r.a,e~ r iooi i av>a ana Inwmory Gbpary Taul SRO ~ 0 or 1 Eeboans I T bboomE 3 or man GCimmr (AI (8) (CI ~~ ID) "' IE) 1. nom wrrw UnoM Aolganp 2. Publk Nousirq k ~I li 3. Saclbn 202 '~ t 4. Sootbn 8 i ~, '. 5. Othor HUD '~ aut* ~I __ 6. FmHA ', ~, ~, ' 7. TonaM Booo0 ~ UnoM AulNann ~ ~ '. I~ ~, ~- B. $MgnQ lti0 ~ None 135 1B i 9. ghor $tiI0A0Cdl I ~~ ~ '~, 10.Nomwwna Aulotanu ~, '', ~. Scattered Site sin~ie family homes owned by the San Bernardino County Housing aathoritp, ioca'.:e:i .n Rancho Cucamonga. Don Mia~~rei A~artmen•_s, New Constriction FHd Mortgage Issued Oc t.ober 16, 19BA; Section 221(d)p]). loan NUDdIg90 (9/91) o ~ \ ^, ~°~ 0 0 u ~__ LL ~ ~ ~~ ~~ ~I ~ c yfr o M~ N 8 $~~ ., a v U C N N i9 Q M g y ~ C is i ~ da N _ ~ ~ O ~ a U , av~'~ 6 ~ ~ \ ~. a a c E ~ c s ~ aN~ c 3 'e w x ~~ ~ w' ~ -1 N ^} ~ I a is 6~V mr ^1 rv ~1\ ~- 4 ~_ ~~ ~~m I N r1 !ti N\ ~4 _ ~GJIUI`^_ ^, 5 °q ~~ 9 y 9 M 5 3 ~~ $ ~ ~§ ~ ~ ~ ~ ~9 ~ [ fl 3rd ~ ~ S ~oo N C N i C •iJ_N 1 ry C ~', ~!i ~', ~ ~ O_~i fi ~ b n~ ~ ~~ ~ b ~~ p °s i ~~ ~ ~ 8 ~~, 9 ~ ~ S ~- ~ ~ ' gy 3 i ~~ ~ m ~ ° 0 ~~ ~o& la x la '_ IE a 2 U 'a n ~- ~ a~ ss n~ v ~o ~E a g ~ ~' f~ a~ g ~ d u y $e g ~$ UE C d y 7 C L w C W a - I ~U ~~ ~ Z _ ~_ \~ ~~~~~~ a ~gg~° ~, s £7 ~ ~ ~ ° ~~= ~ ~' QI ~ ~ ~+ z, E H ~ ~, ~ d _ ~ <~~ G ~~ ~ ~ z z' z' i~' ~ 1 3 ~ yam U Q ~ FCI C m~ Gi K Q ~ Zi Z~~ ZI N'i ~C S' w"d m z' i i' iil ~~ i~ Z~ ~ ,~ w a : ` ~ <`8 a ¢ ~, z z z z ' ~ € 9 . z z e, ~ v y ~ 2 ~ ` a ~ a°~ z ~ n ~ E ~ I`0 d ,~:C m = SPB~ '~ y Q c V - ~ ~ ~ ~ _ ~ E N ~ + . E $ p _o U Q ~- S_ ,~ N CI ~ JI ~p !~ 0 Oi < ~\ Z Z ~ ~ z ~\ a z ~~ i' a ~, q ~I ~ 2 zI ~ 'I ~ z 6 z I L\\ ~~- G ~ 2i Z 21 Z ~I 6 [il o ZI Z~ I 41 ~ Q'. QI ~ ~. Z K 4 C'. ~, z ~ Z Z i t ~ ~ ~ E I , ! E € f' ~ ~ i A ~ ' ' ~ _ 6 ' I o g ~ a ' ~ ~ a4. x y, d ~ _N- ~ ~ N b f ^. N V N S <; a c ~ = i 3a3 dr SF g$ g RnR p3' d \ ~\~~ ~ $~V & I I ~ I ~i ', i I ''~ e s5 ~5qq 2'. ., $$ ~ S~', i ~ ~ I i '~I~ * I3~VI ~ I I i i' I #f.g~ 3 tLL ~.. ^ I v I i i~=~"V i. i 3 0' ', '. I i ' _~ ~ _{__i_ j ~ I i m i ~~ m' I II ~ j ~ ~~, i, 8 ~ I ~~ ~ i tC ~. ~ .~~_.`_ i i i i ~ ~ ~ ~_~ a' _ E ~ e ~ .~ - c z ~. z 4 z C 4 4 d z, z > z. Q' 6~' it z` ~ z~ l z. 6 z Q' z z Q ~ ~~ z' z a .: ._ -.. . ____ .- - _.. _ __-. _ ~ _ ~ N ~ g g Q s _ a m _«-~ E~ : ..__ __ ~ y 8 0 ~ N ~ N _ m c ~ a g m p cp V ~ 0 S q 1Q 4 g' ~ g GG ~ ~~ g'a ~ ~ ~ s o? ~ 2 4 ~ o ~ S Z N r4 & Vf c m Q 4 V ~ €~ G Q ',42 m " ~= '. ~ 3 d S a d a a a ~ m _ c ~ 2 C c ~ E ~ F LL IS i ~ '~ ~1 LL ' ~i I F '. F h N h N N N N N N ry ~ m n ~~ _ m dim T m q O II °i ° 1~~8~y1 ~~ ~' ~~ d ~' n~ ~ ~~' ~ ~~ ~ ~ ~~ o 0 ~ I ~ ~ fig, ~ B ~ , i °i i a ~ I~°m , ~ o i o i~g ~i, ~~ wa a of r~ o~ i __. -1 N" ~. ,~ V I a'8 ~ ti n - - ~ - - -- G 4 L m g I L 5 3 F F - i LL ~ < y m t m ~ k a N c LL A N N • £ A r ~ ~ 3 e 3 "< a n a }~i^i^ S ~~ 7 Q1 C COI O H r d 3 ~~ lL H ~ ~ Q U C7 ~ ~i~ y I~I~ N x I ~i it ~. i ° 111 ~~ I „6C V ~ li III \~ I ~ ~~ ~' '~ ~ N I li ~ I I \ ~ ~. i ~i II I ` C `rr y ~ I i. I`, F . I~ £~ w i N ~ ~\ I III ~~ ~..~~ 1 ~'i ill I ~ ~ IIFLS l \ ` I I \ ~ r~ ~ i V _ l = 'I Ili ~ ~ ~ ~~ iJ~'~ ~ l ~ i ~ ~ C ~, N ' ~ ~~ ~N I N~1 A\`;• ill ~ .. ~~ r~~ N U i V I SSS , l I 'i ~ ~ 6 l ' i I l l N ~ I m l ~ l I I "~'i ~i ` gi l ~ ~I '~ i t , I ' l ~. l l ~ ~ l l i : l t ? l l i; l l l ll I I ~~ ~~ 1. gb'~ 7 ~ ~~' >. ~q yy +eaJ A i ~ q ~ ~ I ~ *+~ III ~ ~ ~ % I ~ ~ r y ~ ! y ul ! 3 ~ I~ ~l ~ ~ ~ y` F ~=II ~~f l ~^ { ~ y~ s^ ~~ ! 9 Ji Ss ICI ~E _ _ i d _ .: ~ ~ ~ ~ v l e ~ I ~ i y L w ~ ~ w 5 N L N d 0 g€ ~ L N S y u e v F 3 e ~ffp i ~ LLLL n .ti x e v s 4 12121/91 16:91 E 919 860 3981 L P LY.F NLO INC. 22 MIT/6 ~i`~° December 4, 1991 City of Reecho Cucamonga City Council 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga Ca. 91729 Re: Comprehensive Housing Affordability Strategy CHAR Dear City Council Members; I have a concern about the housing affordability problems which Faces California and our local community, Unless the proper amount of attention is given to this issue, the more number of families which can not afford to purchase a home and the more number families burdened due to high rent payments will increase. It is my hope that those of us in the private sector and those of you in the public sector can work together on solutions to these mounting problems. We each have our own areas of concern and expertise which could lead to a more advantageous solution to both parties and the entire community. Only through open debate and dialogue will the community be able to ascertain the areas of concerns. I encourage you to fuithex your understanding and commitment to affordable housing issues. ~ S' erely, ~~~_ Rita C._ Salazar `~ pro ~ect Manager cc: Peter Pitassi 22632 Goltlan Sprmp2 Rd ,Suite 350, Diamond Be:, LA 91 /45 ' (714166' 17141 ,.-04-1391 .~ .. .~, ~., ~, Di V. ,. ) PRC I~IC TO 9481648 P.01 ~ ~ D- EN CORPORATION December 4, 1991 Rancho Cucamonga City Council 10500 Civic Center Drive P.0. Box 807 Rancho Cucamonga, CA 91729 AS: Comprehensive Wouaing Affordability Strategy Dear Citq Council: We at Diversified Pacific are concerned about the houaing afford- ability problems which lace Calif ornie, and our local community. Unless the proper amount of attention is given to this ieaue, the number of families which can not afford to purchase a home, and the number of families burdened due to high rent Dayments, will incre~se- It is our hope that those of us in the private sector, and those of you in the public sector can work together on solutions to these mounting Droblems. We each have our own areas of concern and areas of expertise which could lead [o • more complete under- standing of the issues, and thereby a Dotential solution. Only through open debate and dialogue will our commuhity be able to ascertain the areas of concern and interests of ovr community. We et Diversified Pacific encourage you as members of our city council to further your understanding and commitment to afford- able houaing issues, and as Rancho Cucamonga starts implementing affordable housing policies to solicit community input. Sincerely, /MY.Lq~ Q. ~,.~,,,t Andrew B. Wright President 50 i' Dena Ave. • Ra~xhn C,~c i!no~ioa, (,A 91707 • iel, f7141 941• i 466 • FAX 1714` 989-G4J2 nEC ~a ~si ia:si nonE4n roRaoRarI~,, DIUDF]' tN CORPORARIOA ' t~tr P.N NFNN WB1*! MN{MNW RMeI M~ p1N IM1W ,1f GO CY~UTOM ~f. Krt~M Elh' 0/ IIIOVneY, 4 V pMA If fM December 4, 1991 Rancho Cuoamoaga City Council 10SO0 CiVia Center Drivs C.0. sox 607 Rancho Cuaamonga, CA 9]7x9 RE: Comprehendve Rousing A!lordability strategy Dur City Councllt we •t " ~onaax canrnaem*~AP era conoesned about the bowing a!lordabillty problems xeien !ac• Calitornia, sad our loam aommuhitp, vnlese the proper amount o! attantion.is given to this issue, 6ha number o! lamiliee xhieh aan not a!lord to Durchaea r home, and the somber o! families burdened dui to high rent pay- manta, xi11 increue. it is our hope that thoe• of ua is the pslvate •sator, and thoe• of you in' the Dublic vector Can xork together on solutioaa to tries• mounting problsmr. xe each have our oxa arear of concern anQ arena o! expertise xhich couid leaA to a mere oomDlete under- standing of the issues, and thereby s potential solution. Only through span debate and dialoqu• rill our community be abl• Lo ascertain the arene o! concern and interuN o! our oommunity. Ne at " HoneAN Cq}{yoaerrox " encouragr you as members o! our city aouncil to further your underatanAlnq and aammitmabt to afford- able bowing isauu , and se Rnnoho Cucamonga rtsrts imDlemsnting affordnble housing policies to solicit cammuni tp ibDUt. dincerely. `~+{Ar///~ ~ HOEAAD RSNG P. i DEC- 4-51 WED 15:45 3 LIGHTNER DEVELOPMENT December 4, 1991 Rancho Cucamonga City Council 109500 Civic Center Drive P.O. Sox 007 Rancho Cucamonga, CA. 91729 RE; Comprehensive Housing Affordability Strategy Dear City Council; P. ll We at Lightner Development are concerned about the houainq affordability problems which face California, and our local community. Hnless [he proper amount of attention is given to this issue, the number of families which can not afford to purchase a home, and the number of families burdened due to high rent payments, will increase. It f.s our hope that those of us in the private sector, and those of you Sn the public sector can work together on solutions to these mounting problems. we each have our own areas of concern and areas of expertise which could lead to a more complete under- standing of the issues, and thereby a potential solution. only through open debate and dialogue will our community be able to ascertain the areas of concern and interests of our community. We at Lightner Development encourage you as members o! our city council io further your understanding and commitment to affordable houainq issues, and as Rancho Cucamonga starts implementing affordable houainq policies to solleit community input. Sincerely, George H, Lightner President GHL/d1C Lightner Development & Contracting Cq, 85(10 Vineyard Ave. Suite 2U8 Rancho Cucamonga. CA 91730 • 1714194S9~u5 • FAA 1714) 544A12G l'nntrallors License Ko. 8329768 SEC-oa-1991 as:zeRM FROM PIVEP,9IFIEP PRCIFIC TO 9481648 P.01 ~.~ Haa DEVELOPMFM OF CADFOIiNl, INC. e a eoay a~.. m G°o6w•x~ cr g'u'n rv iLL ~,u xa9e61 .e,a'A+.xn ,v ~a•.n asa~n December 4, 1991 Rancho Cucamonga City Council 10500 Civic Centar Drive P.O. Box 807 Raacho Cucamonga, CA 91729 RE: Comprehensive Housing Affordability Strategy Dear Citp Council: Ne at H 6 S Development ere concerned about the housiag afford- ability problems which lace California, wad our local community. Unless the proper amount of attentioa is given to Lhis issue, the number of families which can not afford to purchase a home, end the number o! lamilies burdened due to high rent payments, sill increase. it is our hope that those of us in the private sector, and those of you in the public sector can cork together on solutions to these mounting problems. Ne each hava our own areas of concern and areas of expertise which could lead Lo a ooze complete under- standiaq of the issues, and tharebp a potential solution. Only through open debate and dialogue sill our community be able to ascertain the areas oP concern and interests o! ovr community. We at H 6 S Development encourage you as members of our city council to Further your understanding wad commitment to afford- able housing issues, and as Rancho Cucamonga starts implementing affordable housing policies to solicit community input. Sincerely, i ~ Sean Hsu President Lewis Homes Management Corp. 1156 Noah Mounlein Avrnue / P.O. Boa 670 /Upland. California 91785-5008 734NB5-0971 FAX: 714ry49~6700 December 4, 1991 Mayor Dennis L. stout and Members of the City Council City of Rancho Cucamonga 10500 Civic center Dr. Rancho Cucamonga, CA 91729 Re: Comprehensive Housing Affordability Strategy for the City of Rancho Cucamonga Dear Mayor Stout and Members of the City Council: Lewis Nomes of California shares the concerns of many in both the public and private sectors about the housing affordability crisis throughout California, including our local communities. We believe that unless a sustained, cooperative effort is made at the local level to address this issue, this problem will continue to grow and the number of families who cannot afford to purchase a home and those burdened with high rent payments will continue to increase. We wish to work together with you in developing and implementing policies and programs to address these mounting problems in the City of Rancho Cucamonga. We each have our own areas of expertise and of concern. It is only through sharing these that we will all develop a more complete understanding of the issues involved in addressing this need and devise viable solutions to this difficult problem. We look forward to addressing these issues with you. Please let us know how we can best provide you with our input. Very truly yours, LEWIS Hy~MES ~MANAGE~$NT]CORP. / r i 1 / / !, i ~ ~ / .\ / r~` ,IOSepN M:/Oleson Vice President Senior Project Manager JMO:ksk HOMEAID. SAN BERNARDINO COUNTY c ~,.,,...., _]' I is ~. rr b,. ". 1 t.1\~ .•, December 4, 1991 Honorable Mayor and City Council City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, CA 91730 Dear N,ayor and Members of the City Council: We write regarding the Comprehensive Housing Affordability Strategy (C'rIASj which comes before you this evening. We would like to ernress our concerns about specific areas of the CHAS. First, we question how the city arrived at such a grossly low estimated number of homeless people within the city. The figure of 33 .homeless is doubtful, especially when you consider other local estimates. The City of San Bernardino has an estimated number of 3,000 boneless people in its CHAS. Neighboring Upland says St. *tark's Homeless Shelter has 1190 residents per year, with an average 15-family waiting list. It must be noted that the shelter serves only families With small children, so single adults are not included among the 1190 homeless people. Furthermore, just 33$ of the homeless people sheltered in Upland actually had a last address in Upland. The remaining people came from surrounding communities, such as Rancho Cucamonga, which have no facilities for the homeless. Because the city of Rancho Cucamonga has no preventative measures in place, the number of homeless is destined to rise in the future. 4.e are very concerned with the inadequacy of the City's one-year ar.d Pive-year goals as they are written, We recommend that the City of Rancho Cucamonga adopt a three-pronged approach: 1) Include in the one-year plan the establishment oP an emergency shelter; 2) Include as part of both the one-year and five-year plans the development of a ccmprehensive transitional shelter program. CHAS December 4, 1991 This should include transitional housing for 50-100 people, as well as education and job training. 3) As part of the five-year plan, we recommend that you address the relationship between affordable housing and the prevention of homelessness. The Building Industry Association has identified areas within the city's power which would enable the creation of more affordable housing. We ask that you include these items in your CHAS. HomeAid, San Bernardino County, is a non-profit corporation established by the Building Industry Association to help alleviate the homeless problem in San Bernardino County. We have studied extensively the issues zelated to homelessness in our region. We have recognized the severity of the homeless problem and we have taken action. In the past six months, we have completed more than $50,000 in renovation work on St. Mark's Homeless Shelter in Upland. This weekend will mark the grand opening of the cnly permanent homeless shelter in the Victor Valley -- a project which we completed in just one month. We look forward to many more such projects in the coming year. 4ie appreciate your commitment to the development of the Comprehensive Housing Affordability Strategy and we would like to offer our assistance in its implementation. Sincerely, \\ ~ T `1Clrl'~..ll -~ - s~~~_ _j ~ ~~~._ Jess Jchannsen Chairmar. r ~ Alice Mason Director 1~ f;oldy View Aegio~ December a, 1991 Honorable Mayor end Members of the City council City o! Renaho Cucamonga city Hall Renaho Cuoamonga, G 91730 ras comyrahensivr xousinq Afforaebility strategy Dear Mayor end Membarr of the Councils state Snw raquirer th• City to pzovlae for Ste "lair share" or projected growth in regional hourinq Hasa over a live year period. Each City'^ share at this regional Head is calculated by a regianel planning unit. In the cane of Rancho Cucamonga the ragionnl planning unit is eGO. The hourinq nords for Rancho Cucamonga are published in 8G6's June 1988 report. stet nna v...,e c.... ..__._ ._---.... _ _ iportunities, the availab111ty of ruitabl• sites !os ,tier, commuting ynttrrnr, and the type of tenure o! et both the ragionel and local level. Acoordinq to the RHNA model, Rancho Cucemonga's there of regional housing nerds over the next tivo years for lower income level households 1r S, aaa dwelling units (page 79 0! your cHAB) to bs built between July 1, 1909 and June 30, 1996. Thars are many eonstrainte to affordable housing. Trie city it raquire4 by lnw to remove conatraint^ to the provision of additional ntfordabla housing units insofar as thaw Constraints era xithin the City's power to etteot. Primary concerns cancer around those barriers which discourage developers from building etfordabl• hourinq in the City Wa have ldentllSed areas that pre cansldered to be within the City's power to attest insofar sr they do not breome barriers--rather they nra rtrvetured to snabla the creation o! affoxdnbls housing. Thos• areas identllled era ns lollowss ORP7 Navn Rwnua 5ulro 400 • Apncho Cucomanga. Cal,lo~nio 91730 • p14) 945-1884 • GA% (716) 940-9031 ~-__.I _._ .. __ __ __. __ ._ _ _, .c -c. Honorable Mayor and Members o! the City council Damember {, 1991 Paps 2 1, ~. 3. {. 3. 6, 7. •. 9. 10. 11. 12. 17. 1{. 17. 16. 17. la. 19. 20. 71. 22. 23. 2d. 23. 26. 27. 2e. 29. 30. 31. 8evulatiane Whioh rmna ha A! erg h~i+ Development Impnot Fee• Zero Lot lima Conditional Dae permit• Allow Aoaeuory Dweliinge Demonstration Projects Daneity Honueee Gloater and planned Unit Davelapment Pertozmanoe Zoning Inlill Development Allow Mixed Uee Veinq plexibl• Regulations Close public/Private Cooperation v.-.. ~__i..__. euildinq codas Proliferation o! u d i d Enloroement Ho die an Aotivitias Attitude of Code Enlorcemant Otliclal• Code O!lSciel liability euildinq Rehabilitation Code Enlorcemant Training Application forme anQ Meterlal• one atop Permit Proceseinq Permit Exxppedition concurrent end Joint Review contraotinq out Deadllne^ !or procoslnq tact-Traox Proceesinq Joint Publio Hearings Planning Commioion Reeponeibilitiee Expedited inspections (Adjuatmante) Part 3, Aet10n Plan speaks to devaloplnq an ordinance to remove the barriers o! a!lordabl• houelnq and the BSA and iks members would like to have the opportunity to work with the city Sn developing thi• ordinance. We would hope that an ordinance could ba in place within the next 12 months. Th• nuilding Industry Aesoolatian nppreolate^ the commitment the City 1• making toward affordable houelnq and etand• ready to work with the C1ty in any way. ~~+ _ _ _.. Fes' ._ .~f ._..~nL~". .~ ~~. __ _ _... _ _ __ _ ..___ __ Honorabl• Msyor and Mamb~r~ o! tha City Council D~p~mb~I 6, 1991 P~r7ra 7 81no~r~ly, ~„~( X. ul~:Q2f~~---..r lrsnk L. Nilllama Ban &ernardino County - VelUy Region Gov~rnmantal Attairza Dir~ptor FLW:jl Vat•M" bru~d bz trE,nemttml memo M71 ~ olww ~ r ~ w+~ 4M~ W~ rwK A nen~ ~ M• California Partnership For Affordable HoUSing 3300 Zrvine AVenue, Suite 225 Newport Beach, CA 92660 (714) 941-1466 December 4, 1991 City Council City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 RE: Comprehensive Housing Affordability Strategy Dear City Council: Our group the California Partnership for Affordable Housing (CPAH) is a regional nonprofit housing corporation in formation. We will primarily serve western San Bernardino and Riverside counties. Our nonprofit's goal is to assist municipalities in the establishment of affordable housing. We have reviewed the draft Comprehensive Housing Affordability Strategy, and we have a few questions. 1) How were the number of units which will be assisted between now and 1999 derived? If they relate directly to revenue sources we would like to see the back up documentation from which the numbers were forecasted. 2) On page 71 of the CHAS, 27 acres of land is referred to as being land banked and it is stated that this land will yield 270 units at 10 units to the acre. However, on page 67 it is stated that 5 acres of the 27 acres purchased is planned for 170 senior apartments, thus leaving 22 acres to be developed at 10 units to the acre would yield another 220 units on the land banked parcels. These parcels with the packing house acquired allow for 407 units. However, on page 71 which states the 5 year goal is to build these parcels out entirely, a yield of 297 units is only mentioned. If you could explain these numbers further, it would be appreciated. 3) In the above calculation the density of ten units per acre is discussed, as per page 72 of the CHAS. Under the objec- tives of the CHAS it is stated that homeownership is too costly to offer under the affordable housing programs, thus rental housing will be offered. Is it the intention of the city's af- fordable housing programs to promote the development of apart- ments at the density of ten units per acre? If it is it seems inefficient, since private sector companies can not afford to develop apartments at such a low density. Zt is CPAH's intention to assist the city of Rancho Cucamonga in its endeavors to provide affordable housing. We apologize for taking so long to get involved in tl~e process of an issue that is so vital to our community. CPAH believes that affordable housing can be offered which main- tains Rancho Cucamonga's high quality standards. If open dia- logue can begin between the community and the city, a comprehen- sive strategy can be implemented which will meet the concerns of all those with an opinion regarding affordable housing. We would like to suggest the establishment of a new committee which can meet to discuss items such as the one year and five year goals, as well as the affordable housing incentive ordi- nance. We believe a committee composed of a variety of individu- als through out the community (such as the Citizen's Advisory Task Force) will best be able to come up with solutions to the affordability problems we face. However, we believe this should be a permanent body, which constantly has input into these criti- cal issues. We hope that you view our suggestions and comments as helpful, for our organization's purpose is to assist in these matters. sincerely, Je frey S. Burum Vice President JB/cs ivz+>ei ie~ai a'ia e5o ne. _ a ~:aa~,ro :..c. ei 4.a~MRACO p1t011-OIIRTfD xA****x*kfix**x*xkxRx FACSIMILE TRANBMITTEA **AxR***fi**kfifi*kx* TO: ~ ~~ I'' • _ DATE: ~'LFV'~'l,~')_c''f'~~,~ C'UCaI'rturu c~, RE: ~' i TIriE: `~ Gnr~ n~~ _ ATTN: ~'_y{u CI~cIS FAA TO Y: l 11 ~I~ Q8-I -'C~~-l ~l~/ J k*kkk*k*kk*kfiR*AkRkfi A*fi**k*****k**k***fiRRR**kAk**#fi*******kAk HESSAGE: k#*AxxkxRRkRk%fi RAAkfiRxfikR%fikfi*RAkRkk%k*kkk**RRRA%Akk#AARAkR%% NUMBER OF PAGES SENT ,__ ~ INCLUDING THIS TRANSMITTAL. SENT BY: __ _. ___._ ._._._._-____ FOR: _. _ iF' YOU llTU NOT RECEIV F. ALL PAGES AS INDICATED, PLEASE NOTIFY SENDER AT (714) 8ti1-1507 IMMEDIATELY. TIVANN YUV. n -. Rd ~ ^' ~ CA 91765 PRELIMINAKY OFFICIAL. STATF]IINI' DATED DECFD~FN 1991 NGM ISSUE NQRATING In the opinion of Bmm~, Harper. Burns & Hentschke, Bond Counsel, based on exist irg statutes, regulations, rulings and court decisions, and assuming, among other maters, a>mpi lance with certain covenants, interest on the Bonds is escludrd from gross income from federal income tax purposes, and is exempt (rum personal income taxes by the Stnte of California. In Ilre opinion nl' Bond ('ounsel, interest on the Roods is not a specific preference item for purposes of the federal individual or corporate at ternat ive minimum lases. ai though Hand Counsel ohse rues Ihnt is included in ad.lusted current earnings in calculating r'It I'pt>rate al lernative minimum taxable income. Bond ('ounsrl espresses no opinion regarding other federal income tax consequences relating to the accrual or receipt of interest on the Bonds. See "TAX CXEMI'TION" byre in. f3 600 000* CQMINITY FACILITIES DIS7BICf NO- 88-2 OF TILE CITY OF RANQIO (11GUIOIiG4 (San Rernardino Couolyl SPECIAL TAX BONDS Dated: Decellber I5, 1991 Due: Septcaher I, as sham belay Int e.resl on rhr. Bonds will be payable on March 1 and September l (each an "Inlerest Payment Dnte") of each year commencing Sepkember 1, 1992. The Bonds will he issued as registered Bonds in denomi nal ions of $5,000 nr any integral nnll tiple Thereof. Principal of the Bonds will he pa7ablr at ihr corporate trust off ice of Bank of America N.T. & SA, Registrar, Trans (er Agent and I';n~ing Agent Ithr "Pacing Agent"1 in Lns Angeles. ('alifornia. Inlrres! will be paid by chrek or draft mailed to the registered owners as of the 15th day prior to each interest pacment date or, upon the reyuesl of a registered oa~nrr of at Ieasl $I .(100, 000 in aggregate principal amount of Bonds, by wire Ironsfer in immediate lp available funds to an account in the continental l!niled States designat rd by such owner. The p mcreds from the sole of the Bonds will hr used for the pu rpase n( fin;uu'ing the ncquisit ion, coast rur(ion and inslallal ion of certain public imp rocrmrnts as (u rl her drscrihrJ herein which will benefit the land wi thin ('ammonite Puci lit ies Uislricl No. 88-2 (tlte "District"), lot'at ed in the ('i ty of Rancho Cucamonga, California (the "('its"I, to fund a reserve, to provide funds to pole interest nn Ihr Bands (or a limited period of time, end to pay Ihr costs of issuing the Hands, The Hnndv nrr authorized In be issual pn rsuant to the Mello-Roos Community Paci lit ies Acl of 1982, as amended, (Seel ions S3J11, et SeU~, of the foer rnmrnl ('ode ul" Ihr tit nlr of California) and an Indent ore adopted by the Clle (.'nnncil of Ihr ('itv and are secured by and pa7ahle from .m irrevornhlc I'Irst Tien nn the pledge of Ihr Net Special '(aaas collected by the District '`ram reel properly within its boundaries, from the prwccds of am' (orrcloalre art lane brought I'nllawing a drlinqucnry in Iltr p;q'menl of Ihr Sper iul 'I ax, mld f ram amonnls held in certain funds pursuant In Ihr Indenture, all as more tulle described herein. The Bonds are subject to mandatory redemption on are' interest payment date upon a property owner's prepayment of Special Taxes, pro rata by maturity and by lo[ within a single maturity, at a redemption price equal to the principal amount thereof plus a premium as described herein. The Bonds are subject to mandatory redemption on any Interest Payment Date from moneys in excess of $25,OD0 remaining in the Improvement Fund after all costs of the pro,iect have been paid, prorata by maturities and by lot within a tingle maturity, at a redemption price equal to the principal amount the reof.j The Bonds mart wring September I, 2016 are subject to mandatorr sinking fund redemption by lot on September 1, 2007 and on each September 1 thereafter to and including September I, 2016 at a redemption price equal to the principal amount thereof, without premium. The Donds maturing on and after September ], 2002 may also he redeemed prior to maturity, at the option of the District, on September I, 20111 or on any role rest payment date thereafter, in whole or in part in inverse order of maturity and by lot within a single maturity, at a redemption price equal to the principal amount [hereof plus a premium as described herein. Neither the full faith and credit rror the taxing parer of the City, the County of San Bernardino, the State of California or any political subdivision of any of the foregoing is pledged to the pay~ent of the Bonds. The Bonds are not general or special obligations of the City nor general obligations of the District, but are li~i fed obligatioos of the District payable solely fro. mounts deposited by the District in the Bond Fund and Redenptioo Fund as arore fully described herein. See the section of this Official State~ent entitled "SPECIAL RIS[ FAffORS" for a discussion of special risk factors that should be considered in addition to the other ~attc rs set forth herein in evaluating the invest~cnt quality of the Bonds. MATURITY SCDEpUIE' $__.._ __,_,._ Scri al Bonds Maturity Interest Maturity Interest (September 1) Amount Rale l?ri ce lSeD Le_mber 1.1 Amount Rdte 1'r ice 1 e72 R % % 2000 $ % ~, 199J 20(1 I 1994 2002 1995 2011) 1996 2004 1997 2D05 Ingy zno6 1909 R % '[c rm Bonds Due September I, 2016: Price IOIYK The Bonds are offered when, as and if issued, their legality by brown, Harper, Burns & Hentschke, Counsel. Cer Urin legal matters will he passed upon h7 and for the (lode rwriter by Best, Best & Kricge r, is anticipated that the bonds will be available for December _, 1991. Slonc h Youngberg Dated: December _., 1991 subject to approval as to San Diego, California, Bond for the District and City Riverside, California. It delivery on or about ' Preliminary, subject to change. TABLE OF C9NI'INIS ~'a&e INTROllUlT 101 ......... Gene raf ......... 'Phe Special Tas . The Ili sl ricl .,.. Reserve Pund .,.. The Appraisal . Other Information TIIF 60RD5 ........... ......... .................... Authority (or Issuance ..... ............ ..... Amount mul Purpose of the Rands ... .......... De scriptfor of the Rands .................... Optional Redemption ...................... ... Mandatorc Sinking Fund Redemption ........... Mandator' Redemption From Unexpected Proceeds Pu rchas c~ of bonds b}~ Dist rici ............... Selection of bonds Poe Redemption ........... Notire of Redemption ........................ Partial Redemption n( Ronde ................. Repi stration, Exchange and Trans i'er .......,. Mutilated, Lost, Destroyed or Stolen Bonds .. Pacing Agent ................ .............. .. Validilc of Rnnds ........................... Lqunli tp of Rands: I'I edge of Special Taxes .. Sources and Uses of Funds ................. .. Ilebt Service Schedule ......... .. .. .......... SP:CI!R I'P}' FOR }HF. 60NDS ............. . ............ . General ..................... .... ........ .. .. The Special 1'ax ................. ........ .... Prep~vmenl of Special Taxes ................. Covenant Far Superior Cnu rl Poreclosu rc ..... Reserve Fund ........, ......... .. ........ .. .. hood Values ..... ......... ....... ............ Invest menl of Man evs ........................ 51'P.('I AI, RLSk PA('IOHA .......... ..... .......... ............. Failure to Ilerrlnp I'rr.perlies; 6clacs ................ Pulurc Land Ose Rrgulalions and (inmih ('nnl rut lniliHllcoF ................ .. ........... Con ~r~l ra don a( Ownership .. ....... ..... ............. Land Ile vrlupmrnl Cnatc ... ............................ Disrlusurc to Future Prupc rt ~~ Owucrs ............... .. Appratsrd }'nfur ................... .. ... .. .. .. .. .... 1'arilc texts and Special Assessments .... ........ .... Insuf(irienr}~ nl' Special Tnxra ................. ... .. Tax 11clinquenrVos ........ ................... ......... Praprrtc Ile ld Rc FDIC/RT(' ... ............ .. ........... Rank ru pi r. ...~ ........... .... ... ........... .. ......... 8eitimir t'onsl do rat ions ... ................... ......... i'I nud Cun r't drrulions ........ ............ .. .. ......... Walrr Avat l;dti tits ....... ........ ......... .. ...... ... Na Aoerle rat ion 1'rovisinn ............................ CITY COUNCIL Dennis L. Stout, Mayor William Alexander. Mayor Pro Tem Charles J. Buquet, II. Councilmember Pnmeta J. Wright, Councilmember Diane Williams, Councilmember CITY SfAFF Jack Lam, City Manager Jerre Fu lwood, Deputy City Manager James L. Markman, City Attorney Joe O'Neil, City Engineer Jim Hart. Administrative Service Director Duane A. Baker, Assistant to the ('i ty Manager SPESAAy ~A~ Bond Counsel Brown, Fla rpe r, Burns & Hentschke San Diego, California Special Tax Consultants David Taussig & Associates Irvine, California NBS hown San Diego, California Financial Advisor Fieldman, Rolapp & Associates Irvine, California Paying Ageot Bank of America N.T. & SA Las Angeles, California Appraiser I m~cst ment Property Advisors Anaheim, ('aliforn is e~g~ TFIE CIMAll7N ITY FACILITIES DISTRICL ................. ..... ... Location and Description ..................... ........ Summary of District Formation Proceedings .... ..... ... Environmental Review ............... .......... ........ "Zoning and Land Use ...... .................... ........ The Development Agreement .................... ..... ... Purchase/Financing Agreement ................. ........ Description of the Project ......... .......... ........ Map of the District .......................... ........ THE DEVELOPP.RS AND TIIE DEVELDPMENT ...... .......... ........ The Development .................... .......... ........ The Developers ............................... ........ Land Development ....... ........... .......... ........ CONCLUDING INFORMATION ............................ ..... ... Underwriting ............. .................... ........ Legal Op iiti on ............ .................... ..... ... 'Fax Exemption ......... ... ................. ........ ... No Rating ............. ... ................. ........ ... No Litigation ......... ... ................. ........ ... M iscellanenus ......... .................... ........... API'ENUIX A - SUMMARY OF THE INDENTURE ....... ........... A-I APPENDIX B - APPRAISAL SUMMARY .............. ........... B-l APPENUIX C - RATE AND METHOD OF APPORTIONMLNT OF SPECIAL TAX C-1 APPENDIX D - TIIE CITY OF RANCHO CUCAMONGA ... ........... D-1 APPENDIX E - LXCERPT OF MARXET ABSORBTION STUDY ........ F.-I APPENDIX F - FORM 01' BOND COUNSEL'S OPINION ............ F-1 _-- I • N[NNBa 1 1A 1 1 R t ~ ~\ - V A I H V t~~ l? 1 1' II,I,., ~, ~~. a-a.: ~ ' \ bl • M. M \ IY~Y ~~ a6^ rain •Gwv ^• „a /i - ->~• Lr~ 1Abfl Vt -..'r ~ arsl:. I n l A n /-a i INSO• ~a.mr. ~ ~ 1 tin Yw V •MlbfM fnN~bv ~ • W3 ~~ • •W'ore ~, FSITNb~ Bucl 1 AMG[F[f . 11 •Gt^N'I ~• t1\' N!H\\R111\ii BFOo-NN em• • _ ~ • "'„' ~ cr.'..e•~' / N.u~+ , .. I \ 1 1 wv.l.fo<.. ~~ • ~ Nom.• , N awwu• ~'NOnrcu• ' • mlm.,,, .ry Iwlra - $ -_. ~ RJJ ~.y--/~ A: ~-.~ GII NFIMAPNO ~~ M&vr .nr MMiR fNI - x I~~Bwn ~~• • ti,o~F?.=MTMNN •=t%- -.~,-~Ixcuw~ ~Y..•'- 4 •„ Il YF au4M51MO lyu~Ma[n• •a I~I11 o...a• •BSmnt\ \ ~' Rvfbnl ~ • ~p. ~ ~l N• Su L r ..- ' \ \ \ n ` HIt I. HtIUV NRY SANKf• ''~. T OWo/ ~ z M Rv l ~ a I \ T 1' Cvne~v GN • ~I y ~ \~\ w.v. u.+a• -\ roa-xers• ~ ~n`I' ame f ~1" I a~ CNOnMb3e• iar Mr'n5 .`FKLNBIW \ ~\ Z W \ \~ •' a ~. . \, V 1 A O I 1 1. n i f I I C i 1 / A W RFFA . •• • _ .~ 9+an I fm3ro ~y 4",a "m d" FrpW BvvN+ !1 •a,\~ ' ~ ~ I\I I`I Rl nl I ti ~ ~ 1 11 I \ 11' OIIEATER ~~ iOUTNERN CALIFORNIA ~ AREA ~` ~ M f N I C O ~`~ Ip 5 p If If llb~ ~~~ • ~~~ I ~ 10fRw M \aO14 ~gN4NS i VY~ 4M Sn Fwle b M• 53,60O.OO0s COIM)NITY FACILi7lE5 DISTRICT'N0. 88-2 OF 111E CITY OF RANCIp CI1CiU1O0GA (San Bernardino County) SPECIAL TAX B0P111S ITPlR0U1CT ION ~ngrgl This Official Statement, including the Appendices hereto, is provided to furnish certain information in connection with the issuance and sale by Community Pacilit ies District No. 88-2 of the City of Rancho Cucamonga (the "Uistrict ), of $3,600,(100• aggregate principal amount of its Special Tax Bonds (the "Bonds"). 1'he 6unds will he issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, and Resolution No. 91-378 adopted by the ('i ty Council of the City of Rancho Cucamonga (the "City Council "), acting in its capacity as the Iegis lative body of the District on December 4, 1991 (the "Resolution") and the Bond Indenture dated as of December 1, 1991 (the "Indenture"). The Bonds shall be secured by the Special Taxes las hereinafter defined j. The Bonds shall be issued as fully registered Bonds in denominations of $5,000 each or any integral multiple thereof and shall he dated as of and bear interest from December 15, 1991, at the rates set forth on the cover page hereof. 'T'he Mello-Roos ('ommuni t7 Facilities Acl of 1982, as amended, commencing at Section 53311, et Scy., of the California Government Code (the "Act"), was enacted ba the ('aliforn is Legislature to provide an alternative method of funding certain essential puhlic capital facilities and services, especially in developing areas of the State. Once duly established, a community facilities district is a legally constituted governmental entity within defined boundaries, with the governing board or legislative body of the local agency acting nn its behalf. Subject to approval by a two-thirds vote of the qi rtl i(ied electors vat ing, and compliance with the provisions of the Act, a legislative bode of a local agency may issue bonds fur a community facilities district and may low and collect a special tax within such district to repay such bonded indebtedness. The Special Tax Pursuant to the Act, the ('ity Council adopt eA Resolution No. 89-185 nn April 19, 19ft9 and amended by Resolution No. 89-264 nn .Tune 7.1, 1989 stating its intent la csl ahli.ch the District. to authorize the levy of Speri al Tax A (the "Special 9';ixes" or the "Special Tax"1 on land within the boundaries of the Disl ricl, and In ha cr, the Dint rict incur bonded indebtedness up to an aggregate principal amount not to exceed $4,pO(1, OOO. The Ci ri~ Council also adopted Rcsolul inn Nn. 89-26,1 stating its inl rot to levy Speci~il 9'ax R 1"Special lhx B"1 (or Ute support of additional police services to the Ili st rict. the proceeds n( Special Tax B are not pledged as security for the Bonds. Following a puhlic hearing called and conducted pu rs aunt to the Acc, ' Prcliminn ry, sub,ject to ch anµr the Ci ly Council adopted resolutions establishing the District and calling a special election to submit to the qualified electors of the District the comb fined ballot proposition of authorizing the levy of the Special Taxes, incurring a bonded indebtedness, and establishing an appropriations limit for the Disl ri cl. On June 27. ]989, at an election held pursuant to the Act, the landowners who comprised the yuali(ied electors of the District authorized the Uist ric[ [o incur bonded indeb [edness in the agKrega le principal amount of $4,000,000, approved the rate and method of apportionment of the Special Tax Ithe "Special Tax Formula"). The Special Tax is being levied pursuant to Ordinance No. 397 (the "Ordinance") adopted July I8, 1989. The amount n( the Special Tax to he levied annually on a parcel will depend nn, among other things, whether the parcel is classified as Developed Property or Undeveloped Property las hereinafter defined) and, if it is Developed Property, on the type and syua re footage of building(s) on the parcel. See APPENDIX C hereto. The ^tden lu re provides far an initial deposit of the Special Taxes to the Administrative Expense Account in an amount eyual to $_____ .. in the 1991/92 Fiscal and increasing by 4% thereafter (the "Priority Administrative Expense Amount"). "Net Special Taxes" equals the amount of the Special Taxes remaining after such deposit to the Administrative Expense Account, Ttte Bonds are secured by and payable from an irrevocable first lien on and pledge of the Net Special Taxes. Any additional administrative costs of the District in excess of the Priority Administrative Expense Amount shall have a r,laim to the Net Special Taxes ,junior to the pledge to the Bonds. 'She .Q~lt'ict 'f he District consists of a total of approximately 326.8 acres cnnstitut ing _ _ net taxab lz acres (excluding non-taxable areas such as open space and public rights-of-way) n( land within the ('i ty of Rancho ('ucamunga Ilhe "City"), in the County of San Bernardino, California Ithe "County"), located approximately _ miles northeast of the intersection of Interstate 15 :md Interstate Ill, (See "TBE COMMUNITY FACILITIES DISTRICT--location and Description."1 All of the land in the District is zoned to allow fur single family residential use. The development in the lli strict is known as "Ei iwanda Highlands" (the "Development"), which at build-out will consist of approximately 700 single (amity homes. As of December 1, t991, the cnmpl et ed portions of the Ue velopment. include the construction of 170 single family homes lo( which I10 have been sold and 38 are in escrnwl and the grading and site preparation fur additional residential lots. See "THE CtM1MIJN ITY FA('I CITIES DI S'I'N I('I'--The ltevelopmenL" On November 16, 19flfl, the ('i ty Council approved OrJ finance No .379 approving a Development Agreement with Caryn Development ('ompany Ithe "Dc velopment Agreement"). See "'ftlE ('QNMUNI'fY FA('I I,ITIES DISI'R I('I' -- Ile velopment Agreement". Although development agreements arc specifically xuthori zed by the California Government Code. there arc no reported ('ali (nrnia appellate court decisions with respect to the enforceahilil} of such development agreements, and in the ah score of such drr is ions, nn as sn ranee ran be given that the Development Agreement provides the Developers with all of the rights and protections specified therein. A portion of the proceeds oP the 6nncts will be used to finance the acquisition and const nicl ion of approximately $3,125,127 of regional mainline and secmtda rv flood control, drainage and roadway improvements. See "TIIE UUNllS -Sources and Uses of funds" and "TIIE CDAAtUN I'fY PACILI'fIES DISTRICT - Drscription of the Project." The Special Tax will he included on the regular property tax hills sent to the record owners of property within the Distrlc•t. The District has covenanted for the benefit of the owners of the Bonds (the 'Bondowners"), under certain circumstances described herein, to commence judicial forecfosure proceedings against rea! property within the District with delinquent Sprcia( saxes and to diligent lc pursue such proceedings to completion. See "S@QIR I'fY' fUR THE BONUS -fhe Special 'fax" and "SB(TIRII'Y fDR THE BUNUS -Covenant for Superior Court foreclosure." ResQ eve .Fttp~ As additional security for the Bonds, the Indenture requi rrs the Uist rict to establish and maintain a Reserve fund. A portion of the proceeds of the sale of the bonds equal ro the Reserve Requirement wiil be deposited in the Reserve Fund. The Indenture provides that the Reserve Requirement means, as of any date of calculation, an amount equal to the lesser of (i) Ill% of the original principal amount of the Bonds less original issue discount, i( am, plus original issue premium, if am', (iil Maximum Annual Debt Service for the Uonds, or liii) 125% of Average Annual Debt Service, provided however, that the Reserve Requirement shall he reduced pro rata as a result of airy optional rcclempt ion of Bonds. If the amount in the Reserve Pund is less than the Reserve Requirement, then the District has covenanted to restore the amount in the Reserve Pund to the Reserve Requirement, to the extent Special Taxes are avai lnble therefor. The moneys in the Reserve fund will he used only (or payment of the principal of, including mandatory sinking fund redemption pa}~ments, and interest on, the Bonds, in the eveiu that moneys in the Bund Service Pund, arc insufficient therefor, and for the purpose of making any required transfer to the Rebate fund. Sec "SE(TIRITY f0R Tf1G 60NUS - Rrscrvc Pund.,, 7Lc Appraisal An ^ppralsal of the property in the District, dated Dec: mher _ 1991. Ithe "Appraisal"l, has been prepared by Inver tmrnl Property Advisors of Anaheim, California (the "Appruisei"'). A summary of the Appraisal Ithc "Appraisal Summary") has been prepared by the Appraiser and is included as API'F.NDIX B herein. 'fhe purpose of the Appraisal was to ascertain the value "as-i s" of I;nxl in the Uistri c't, based upon certain assumptions including, among other Ih inKs. the completion of the improvements to he financed by the District with the pnx•eeds of the Bonds and an allowance for alt private i mpnnrmenls installed ns of the date of the Appraisal. the Apprai scr has provided a ralu;+Ilun of each of the mx.l++~' ownership interests in the Uistri!'I in exist inK rondil ion, assuming that each holding i~s sold to a seen role b+icrr. the AI'Praiser also provided an eggre Kate value for the owner occuniod residences within the Disl riet. the Appraiser has est imaterl the va luc "as-is" of land in the District to be $ as oP December 1991. See "Sll('IIR I'TY PUR IIIP, RUNIIS - Lanrl Values." In addition, scr "SI'B('IAI. RISK fA(TDRS - Parity l';txes and Special Assessments" for a discussion of debt ecru red by the land within the Dislrlcl. 4!_h5r I~r 9t~tie4 Except with respect to the Special Tu, neither the faith and credit nor the tuing parer of the City, the Comty, the State of Cai iforoia (the "State") or any political subdivision thereof is pledged to the payment of the Bonds. Except for the Special Tues, ao other toes are pledged to the payment of the Bonds. The Bonds are not obligations of the Ci ly nor general obligations of the District, but are limited obligatiws of the District payable solely fray Special Taxes and fray certain a~owts in the Special Tax Fond, the Bond Service Fuad, the Rede~tioa Fuad and the Reserve Fund as afore fully described herein. See the section of this Official Statemen? entitled "SPECIAL RISK FACTORS" (nr a discussion of special factors which should be considered, in addition to the other matters set forth herein, in evaluating the investment quality of the Bonds. Brief descriptions of the Bonds, security for the Bonds, special risk factors, the District, the City, the Developers (as he re ina(ter defined), the public facilities to be acquired, constructed and installed with the proceeds of the Bonds and other information are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. The descriptions herein of the Bonds, resolutions and other documents are qualified in their entirety by reference thereto and the information contained therein. All such descriptions are further qualified in their entirety by reference to laws and to principles of equity relating to or affecting generally the enforcement of creditors' rights. Copies n( the Resolution, the Indenture and other documents may be ohtai ned from the offico of the Office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California, 91730. During the initial underwriting period such documents and the Appraisal may also be obtained from the Underwriter, Stone & Youngberg, 1,5260 Yentu ra Boulevard, Suite 900, Sherman Oaks, California 91403. T~ earns A~tth ri fpr Issuance The Bonds were authorized at a special election held in the District on June 27, 1989 and are issued pursuant to the Act and the Resolution which, among other things, adopted and approved the Indenture. The District was established and bonded indebtedness in the principal amount of $4, OOU,000 was authorized pursuant to the Act and the Resolution. Under the provisions of the Act, since there were fewer than 12 registered voters residing within the Dis trier for each of the 90 days preceding the protest hearing, Ute qualified electors were the owners of land within [he District, who were entitled to cast one vole for each acre or portion of an acre of land thec owned within the District. The qualified electors voted to incur the bonded indebtedness, establish an appropriations limit, and approve an annual Icw of Special Taxes ro he collected within the Dis tricl. See "1NE COAAfUN IT IIiS FACI CITIES DISTRICT -Summary of District Formation Proceedings." Mlslrg_C and Puroos_~ of th~~ggdg The Bonds are being issued in the aggregate principal amount of $3.600,000• to finance the acquisition, construction and installation of approximately $3,125,127 of flood control and in£rast nee tore improvements, (the "Pro,ject"), to (und the Reserve Fund to Ute Reserve Requirement (as defined herein) for the Bonds, to pay certain administrative expenses and to pay costs of issuing the Bonds. See 'THE BONDS - Sources and Uses of Funds" and "TILE COMFIUN I'tY PACT LITI GS DISTRICT - Description of the Pro,jecL " Dc~cr~i pl.ivn~f__ihe Gonda The Bonds will be issued in fully regie tered form, in denominations of $5.000 each or any integral multiple thereof within a single maturity, numbered as desired by the Paying Agent, and will he dated as of and bear interest from December I5, 199I, at the rates set forth on the cover page hereof. Interest on the Bonds shall be calculated on the basis of a 360-day year comprised of twelve Jo-day months and will be payable in lawful money of the United States of America semiannually on March I and September) of each year (each, an "Interest Payment Date"1 commencing on September 1, 1992. The Bonds will mature on the dates and in the amounts set forth nn the cover page hereof. The principal of the Bonds and any premiums due upon the redemption thereof will be payable in Inwful money of the United States of America at the principal corporate trust office of the Paying Agent, in hos Angeles, ('alifornia, upon present anon and surrender of the Bonds. Preliminerc, subject to change Payment of interest on each Bond shall be made to the respective 8ondowner by check or drat( of the Paying Agent mailed by first class mail to the 8ondowner at his or her address as it appears on the registration books Ithe "Registration Books"1 to be kept by the Paying Agent at its principal corporate trust office in Los Angeles, California, as of the close of business on the 15th day of the month preceding an tote rest Payment Date whether or not such day is a Intsiness day Ithe "Record Ua to"). Upon the written reyu est delivered to the Paying Agent by the applicable Record Date of a 8ondowner of at least $1,1)00,000 in aggregate principal amount of Bonds, such interest shall he paid by wire transfer in immediately available funds to an account in the continental United States designated by such owner. Interest on any Bond shall he pa}'able from lbe Interest Pavment Uate next preceding the date of authentication of that Band, unless (i) such date of authentication is an Interest Payment Date, in which event interest shall be payable from such date of authentication. (ii) such date of authentication is after a Record Date but prior to the immediately succeeding Interest Payment Date, in which event interest shall he payable from the Interest Payment Date immediately succeeding the date of authentication, or (iii) such date of authentication is prior to the close of business nn the first Record Date, in which event interest shall he payable from the date of the Bonds; provided, however, that i( at the time of authentication of any Bond, interest is in default, interest on that Bond shall be payable from the last Interest Payment Date to which the interest has been paid or made available for payment, or if no interest has been paid or made available for payment, from December 1, 1991. OL.S opal Rgdctglli_gg The Bonds maturing on or before September 1, 2001 are not subject to opt TOnal call and redemption prior to maturity. 'the Bonds maturing nn or after September 1. 21302 may he redeemed prior to maturity at the opt TUn of the District, on September 1, 2001 or on any Interest Payment Date thereafter as a whole or in part pursuant to the Act in inverse order of maturity and by tut within a maluri ry~, at the follow ing redemption prices, expressed as a percentage n( principal amount, together with accrued interest to the date n( redemption: Rg~emlzt ign _ D.ai€s RxdemitLiviLPl_ce_s. September I, 2001 to March 1, 2002 102 % September I, 21102 to March 1. 21303 10] September 1, 2003 and thereafter 100 Mandatgty S.i..nking_Fund Rede~t.ion The Bonds motoring on September I, 2016 Ithe "Term Bonds") arc also subject to mandatory sinking fund redemption al a redemption price equal fo 1110%0( Iheir princi pnl ammmt loge ther with acx rued in terast to the dale fixed for redemption, without premium, on the dates :md in the agK regale principal amunnls listed below: Redemption Uate ~yc~t m e[,_l1 ['rjpc~at Amoynl 2(107 $ 2008 20fM 2070 2111 ! 2(1 12 2(113 211! 4 2015 2016 (final maturity) To the extent there is an optional redemption of the Term Bonds, the applicable sinking fund schedule set forth above shall be proportionately reduced. ~atadzl_ory..J3~de_.olioo Frame UuetcoeR~S~ P_~ggd~ After the final payment or reimbursement n( all Project ('osts, as evidenced he the receipt by the Treasurer of the Certificate of Completion, the Treasurer shall transfer excess monies, if the amount of the excess is $25,000 or greater, on deposit in the Improvement Fund to the Redemption Fund and the "Treasurer shall apply the amount so transferred to redeem Bonds in inverse order of maturity and by lot within a maturity, at a redemption price equal to the principal amount hereof, together with accrued interest Lo the dale of redemption. Pu_rchasc_.of_ Boodo_ 4.X ~2.S1fJlGA In lieu, or partially in lieu. n( [optional or) mandatory sinking fund redemption, the Iistrict may elect, prior to the selection of bonds for redemption by Ure Paying Agent, to instruct the Paving Agent to purchase Bonds at public or private sale at such prices as the District may in its discretion determine; provided that the purchase price !hereof (including brokerage or other expenses! shall not exceed the principal amount the rent plus accrued interest to the purchase date [and, in the case u( purchase wi lh funds in an optional redemption account, applicable premium. The District shell direct the Paying Agent Ut first purchase all available Term Bonds prior to purchasing nlher bonds.! Sclcct ign. of_Bood~ for ResIcAO!_i 9nl If less than all of the outstanding Bonds within a maturity are to be redeemed, thr I'ay ing Agent shall sclera the Bonc!s (o he redeemed by lot in nnv manner Iltc F';ning AKenl dcrms fair. Fur the purposes of redempl inn, Bonds ~~ will he dcemrd to consist n( $5,0(1(1 portions. and any such port inn may he scpa rttcly rrdee. med. If the Dist ricl redeems the Term Bonds under an opt Tonal redemption as describrd above, the redeemed amounts shall hr app! icd Proportionately Ui reduce the remaining sinking fund payment schedules indicnl ed shout in "Mandatory Sinking Fund Redemption". No~i~af. RgdS.~tisn The Paying Agent shall, at least 30 daps but not more than 60 does prior to the date uF redemption, mail notice of redemption, by first class mail, postage prepaid, to the respective Rondowners of Bonds selected for redemption at their addresses appearing on the Registration Books of the Paying Agent. 'fhe actual receipt by a Bondowner of the redemption notice is not a condition preceden! to redemption, and neither the failure of any &mdowner to receive such notice oar any defect therein, will affect the validity of the proceedings for the redemption of such Bonds, or the cessation n( interest nn the redemptior. date. A certificate by the Paying Agent That the notice of redemption has been given as provided in the Indenture shall he conclusive against all parties. Such notice of redemption shall (i) specify the serial numhe rs and the maturity date m' dates of the Bonds selected for redemption, except that where all the Bonds subject to redemption, or all the Bonds of one maturity, are to he redeemed, the serial numhe rs thereof need not he specified; (iil state the date fixed (or redemption and surrender of the Roods to be redeemed; (iii) state the redemption price; (iv) state the place or places where the Bonds are In be surrendered for redrmpt ion; and (v) in the case of Bonds to he redeemed only in part, state the portion of such bond which is to he redeemed. Such notice shall further state that on the date fixed for redemption, there shall become due and payable on each Bond, or portion thereof, called for redemption, the principal thereof, together with any premium, and interest accrued to the redemption dale, and that from and after such dale, inle rest thereon shall cease to accrue and be payable. If notice n( redemption has been duly given and money for the payment of the principal of and premium, if any, with interest to the redemption date an the Bonds or portions thereof so called for redemption is held by the I';n~i ng Agent, Ihrn on the redemption date designated in the notice described above such Bonds or such portions thereof shall became due and parable, and from and after the date so designated interest on the Bonds or such portions the reo( su called for redemption shall cease to accrue and the Owners of such Bonds shall have no rights in respect (hereof except to receive payment of the redemption price and the interest accrued thereon to the redemption dale from the money so held. Par4.Aa.l_Rgde~Silon of R~n~4 Ilpon surrender of any Bond to he redeemed in part oily, the District shall execute and the faring Agent shall authenticate and deliver to the liondowne r, at 16c expense of the Uist riot, a new Bond or Bonds of authorized drnomi nations, ryoal in aggrrgate principal amount to the un redeemed portion of the Bond surrendered, with the same interest rate and the same maturity. Registration, Exchange and Trnnafer The Bonds mac be trains (erred or exchanged upon su mender thereof to (he I'ari ng Agent but only in the manner and subject to the limitations and payment nr charges provided in the Indenture. Upon surrender of any Bpnd at its principal corporate [rust of (ice for transfer or exchange, the Paying Agent shall deliver in the name of the transferee ur transferees anew fully authenticated and registered Bond or Bonds of authorized denomination, of the same maturity and in the same aggregate principa( amount. The Pgc inR Agent may reyui re the owner to pay any tax or other Rove rnmental charge imposed by law on such transfer and exchange. 'f he Paying Agent shall not he required to register a transfer or make an exchange of any Bond (i) during the !5 days before the date designated by the Pay inR Agent for selection of bonds (or redemption, or (if) if such Bond has been called for redemption. The District and the Paying Agent mac treat the Bondowner, as the absolute (timer of such Bond for am' and all purposes. The Uisl ri of and :he Pop ing Agent shall not he affected 6y am notice which is contra rp to the information contained on the Begirt ration Books of the Paying Agent. It is the 8onduwner's duty to notify the Paying Agent in writing of any change in its address. Yutil~[~d.. I..QSS_._P_e5tryyed or ~S41en B~ndS If anc Bond is mutilated, lost, stolen or destroved, the District shat! execute and the Paying Agent shall authenticate and deliver, at the expense of the Bondowne r, a new Bond or Bonds in replacement thereof in the same nRR regale principal amount and of the same maturity. Every mutilated pond surrendered to the Paying Agent will be cancelled and delivered to the District. In the case of a lost, destroyed or stolen Bond or bonds, satisfactory evidence of the loss. dent ruction or theft must be given to the Paying Agent and indemnity satisfactory ht the District and the Paying Agent must be given prior to authentication of a new Bond. Any Bond issued under the provisions of the Indenture in lieu of anc bond alleged to have been lost, destroyed or stolen shall he cyual l7 and proportionate ly entitled to the hcncfits of the Indenture with all other Bonds issued thereunder. The Paying ARenl shall not treat both the original Bond and any replacement Bond as being oul5tandi ng for the purpose of determining the principal amount of Bonds which may he executed. authenticated and delivered under the Indenture or for the purpose of determining any percentage of Bonds outstanding under the Indenture, tint bulb the original and replacement Bond shall br treated as one and the same. In lieu of delivering a new Bond to replace a bond which has been mutilated, Inst, destroved or stolen and which has matured or has been called far redemption. the I'ayinR .Agent may make payment with respect to such bond. Paying Agent ISank of America Nat tonal Trust and Savings Assr,ci al ion, Las MRelrs. fnliktrnia tins been initiallc appoi nerd as Paying Agent for the Bontls. Thr Ili st ri c•t has resrrvod the right to remove am Pay inR Agent and appoint a surcessn r. the Paving Agent may resign al any time upon written nolivc to the Dist riel. Resign a~t ion or removal of a Paying ARenl and appoint meat of a su~~~•essor shall become rf frotivr only upon acceptance of the appointment by the surcrssur ;tad nttlice to the owners of the Bonds. The 1'oyinR Agent will not he liable in ronneclimt with the pe rfurm;m ce of its duties under the Indenture, except far its own negligence or willful misconduel. Ya11_d?1Y~~ _~m~s The Indenture provides that the validity of the authorization and issuance of tho Bunds shall not be affected in any way by any defect in any p ruceedings taken by the Vistrict (or the financing of the Project, or by any contracts made by the District in connection therewith, and shall not be dependent upon the completion of the financing of the Project or upon the performance by any person of his obligation with respect to the Project, and the recital contained in [he Bonds that the same are issued pursuant to the Act shall be conclusive evidence of their validity and of the regularity of their issuance. Equality of Bonds: Pledee of Net Special Taxes Pursuant to the Act and the Indenture, the Bonds shall be equally payable from the Net Special Taxes (as defined herein) without priority for: (a) number, Ih) issue date, (c) date of sale, (d) date of execution, or (c) date of delivery, and the interest on and principal of the Bonds and any premiums upon the redemption thereof, shall be exclusively paid from the Special Taxes and amounts in the Special Tax Fund, the Bond Service Fund, Redemption Pund, and the Reserve Fund which are set aside under the Indenture for the payment of the bonds. The Special Taxes and any interest earned thereon shall constitute a trust fund held for the benefit of the Bondowne rs to be applied to the payment of the interest and any premium on, and principal nf, the bonds and, so long as any of the Bonds or interest thereon remain outstanding, and shall not be used for any other purpose, except as permitted by the Indenture or any Supplement (as defined herein). Special Taxes and investment earnings thereon deposited into the Rebate Fund or Administrative Expense Fund are not pledged to the Bonds, nor are either of such Funds held in trust for the Rondowners. Sour~s~gd ~13C~_!Zf _F_tw_f!;< Proceeds from the sale of [he Bonds are expected to be used to pay (or Ihn Project, to establish a Reserve Fund and to pay the expenses of the District in connection with the issuance c( the Bunds. 10 Under the provisions of the Indenture, the Treasurer of the City will receive the proceeds from the sale of the Bonds and will apply them as follows: 'fAeLE 1 CQMM177 FACILITIES DISi81CT NO, 88-2 OF 7BE CITY OF NAfICIq CUCAYUVCA SPECIAL 7AX BONDS Sources and Uses of Funds Sources of Funds Principal Amount $ 3,600,000' Flus Accrued Interest Less Original Issue Discount Less Unde rwrite r'S Discount TOTAL SOURCES $ f1S.g3._0~FUBd4 Improvement Fund S Project Account (1) Costs of Issuance Account (2) Reserve Fund 131 Interest Accomtt of the Bond Service Fund (4) Administrative Expense Fund IS) _ _ TOTAL USES $ (I) This amount will he applied for the costs n( the Project. (2) Includes fees of Bond Counsel and the Financial Advisor, initial fees of the Paying Agent, costs of printing the Official Statement. engineer's fees, appraisal fees, and other costs of issuance. (3) An amount equal to the Reserve Rcyuirement. (4) Accrued Interest on the Bonds. (51 )Includes estimated expenses of the District for administration of the Special Tax through Soptember 1. 1992.] * I'relimina rv, suh,ject to change. ~~~~ The following is the debt service schedule for [he Oonds assuming no redemptions other than mandatory sinking fund redemptions. TABLE 2 COIMMI'-Y FACILITIES DIS11tICf M0. 88-2 OF TBE CITY OF RAiVCRO CUGIYDN(d SPECIAL TAA BLINDS DE81' SERVICE SCBFAIBE Year Ending ~e1t1Sm4~I-.I 1'105JJL2f .Ln4€GCiE 1992 $ $ 1993 1994 1995 1996 1997 1998 1999 2000 21101 20112 20UJ 2004 21105 21106 2007+ 2008+ 2009+ 21110r 2111 l+ 2012+ 201J+ 2014. 2(11 5+ 2016+ Total $ $ Total D)~(._,.SS Zvi ~e + Indii atrs sinking (und payments beginning in 2007 for the Term Bond». 12 SEWRITY FOR THE B(1NDS The Bonds arc secured by and payable from an irrevocable first lien on and pledge of the Nel Special Taxes (as defined below) collected by the City from real properly within [he District, £rom the proceeds of any foreclosure actions brought following a delinquency in the payment of the Special Tax (as defined herein) and from amoun[x held in all funds pursuant to the Indenture, other than amounts deposited in the Improvement Ftmd (other than amounts l ransfcrrcd therefrom to the Rede~tion Fund pursuant to the provisions of the Indenture), the Admioistralivc Expeose Fund, or amounts in the Rebate Fund required to be rebated to the Uoited States io accordavice with Section 148 of the Internal Revenue Code of 1986 (the ''Code"). Gcogral The indenture provides for an initial deposit n( the Special Tuxes to the Adman istralice Expense Account in an amount eyual to $____. in the 1991/92 Fiscal and increasing by 2% thereafter Ithe "Priority Administrative Expense Amovnt"). "Net Special Taxes" equals the amount of the Special Taxes remaining alter such deposit to the Administrative Expense Account. The Bonds are secured by and payable from an irrevocable first lien on and pledge of the Nel Special Taxes. Any additional adman istralive costs of the District in excess of the Pri m'itt' Administrative Expense Amount shall have a claim to the Ncl Special 'faxes junior [o the pledge to the Bonds. In addition to the security represented by the pledge n( and lien upon the Net Special faxes, the Bonds are payahle from amounts on deposit in curtain funds and accounts ns provided in the Indenture. Principal of and interest on the Bonds shall he payable from the Net Sperial Taxes, including proceeds from the sale of property collected pursuant to the foreclosure provisions of the Indenture for the delinquency n( su rh Special 'faxes, without priority fur number, issue dale, date of sale, date of exe culion or date of delive rr. The Net Special Taxes and any interest earned on such Net Sperial Taxes shall constitute a trust fund held for the benefit of the Bondowners to be applied to the payment of the principal of, premium, if any, and into rest nn, the Bonds. So long as any of the Bonds are outstanding, the Net Special 'Taxes and interest thereon shall not he used for any other purpose, except as permitted by the Indenture and any Supplement to the Indenture. Special 'I'nxes and aqy' interest CHI'n ing5 the neon deposited in the Rehale Fund and the Administrative Pxpense fund shall not he considered to he pledged to the payment of the Hoods, and neither the Rebate Fund our the Adman islralive I'.xpense Pund shall he construed a.5 a trust fund held for the henef it of the Bnndnwne rs. The Di~slricl has covenanted in the Indenture u, cause the Ievv and rollectinn of thr Spacial (apes in an amount determined eccording~lo a rate rind method of apporlionmenl which the ('i ly ('ouncil and the goal i(ied rlectors n( the Uisl ricl hn ve approved (Ihe "Speci;, Tax Formula"). The special 1'ax Pn rmula :,ppurlian5 the tnU,l amount of Sperial 'I;,xcS to he collected among the lamb le parcels in the Ili st ri el as more part irularly described herein. 1'hr ;amount of Special Taxes that the District may Ievv ~in anv year is st ricl ly Iimitrd by the maximum rates contained in such Hate and Method of npporlionmrnl. Sec "The special Tax" brl nw and nPPENDIh f hr rel n. 1J Although the Special Taxes will he levied against taxable parcels within the District, they do not constitute personal indebtedness of the respective property owners. There is no assurance that the property owners will he financially able to pap the annual Special Taxes or that they will pal such taxes even if financially able to do so. See "SPECIAL RISK FACT"ORS". Thg.SDecial_Tax In accordance with provisions of the Act, the City established the District on June 21, 1989, for the purpose of providing certain public improvements and augmenting certain public services required by proposed development within the Dl~st rict. On June 27, 1989, the qualified electors, being the landowners, within the District voted to incur a bonded indebtedness in an amount not to exceed $4.UDD,000 to finance the public imp ro~emenls, said indebtedness to he secured by the annually levied Special Tax. At the same time, the electors approved the Special Tax Formula to pay the principal and interest on the bonds and the administrative expenses of the District and to replenish the Reserve Fund to the Neserce Reyuirement consistent with the Special Tax Formula, the Act and the Ordinance. On June 27, 1989, the qualified electors of the District also voted to authorize Special Tax D to provide for the annual mst of police services to the Ili strict. 'fhe proceeds of Special 'l'ax D is not pledged as security for the Bonds. All references herein to the "Special Tax" or the "Net Special Taxes" appl7 to Special Tax A only. The Special Tax will be levied and collected at the same time and in the same manner as general prone rty taxes by the County. These Special Taxes will hr transferred to the City Treasurer for deposit in the Special Tax Fund on the last business day of each month in which the Auditor-Controller of the County makes an allocation of general taxes. The Ci tv Treasurer shall make provision (or thr deposit of the Priority Administrative Expense Amount prior to any payment of principal, interest or premium nn any Bonds. A maximum Special Tax las a dollar amount) has been authorized for each classif icatinn of property in the Uis tri cl. These maximum Special "faxes for each taxing category are (i xed and not suh,ject to annual escalation. Each taxable parcel in the District is in one of several classifications as determined by land use. See "Appendix (' - Rate and Method of Apportionment of Special Tax" attached hereto. The percentage of the authorized maximum tax that is actually levied on any parcel, however, in whatever classification, drpends upon whether the parcel (a) is part of a recorded (final tract :md/or parcel map; (hl has been issued a building permit; or (c) is vacant with no final map recorded. Land nsrs arc divided into two property categories for pu rpo.ses of the Special 1as formula: developed property and undeveloped props rtp. Ueveloped property includrs nll props r;y identified as n single Assessor's parcel (or which a huilding prrmil has br en issued as of May 31 of the previous fiscal crnr. Ilndevrloprd prnprrl ~~ inrlndes all of hrr property wish the exception of property which, as of the date of the election to authorize the lev}• of the tip^rial Tae, is lit owned by a public entity: lii) owned by a regulated public utility and us rrl for transmission purposes: or liiil zoned as open space. I4 The developed property category is divided into six residential classes and one commercial or industrial property class. The following table summarizes the property classes within the Ue ve loped property category. TADIE 3 COMIIIR TTY FACILITI FS DISTRICT N0. 88-2 OF THE CITY OF RANQIO CUCAYONGA SPECIAL TAX A Developed Property Classes Maximum Tax Rate Taxing Cl alis i.(i cations De scri.p4 i.~n _(.~ _~e.p _YgaL,_(~. Residential Class 1 Over 3,590 Sq. Fl. $(,037 Residential Class II 3,077-3,589 Sq. Ft. 76g Residential ('lass III 2,564-3,076 Sq. PL 576 Residential ('Inns IV 2,308-2,563 Sq. Ft. 461 Residential Class V 2,051-2,307 Sq. Pt. 384 Residential ('lass VI Less than 2,OSl Sq. Fl. 269 Commercial/Industrial Per acre 12) 2,030 (I) The square foo loge of dwelling unit livi nK area shall mean the square footage of internal living space, exclusive of garages and other structures not used as living space, as shown on the building permit(s) issued for the dwelling unit. 121 The acreage of a commercial or industrial property shall mean the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. The acreage of an Undeveloped Property shall he the gross acreage exclusive of any acreage dedicated or offered for dedication to a public agency. (J) Maximum Special Tae rases may exceed these Ieve is for some Assessor's parcels based on the Base Maximum Special Tax A of $0.054 per parcel syuzre fool. The levy inK process is summarized as follows: For each fiscal year, the ('i ly C'ounc,il, acting as the Iegislat ive body of the Dialri rl, shall tlelermine the amount of the Special Te.x to he levied and collected for the current fiscal vea r, including, but not limited tn, amounts required to pay debt service on the Bands, to pay administrative expenses of the Dis u'i ct, and to replenish the Reserve Ptmd Ithe "Required Special 'fax"). IS Fir The Special Tax shall be firs[ levied at up to 91fK of the maximum authorized Special Tax on all Developed property in the District on which a building permit has been issued. Second: If the amount calculated above is less than the Required Special Tax, an amount up to lOtJ'~ of the maximum Special Tax for undeveloped land of $2,400 per year will be levied on such and. Third: If additional amounts necessary to collect the Required Special Tax shall be obtained by increasing prorata the lery on all developed property in the District, up to the maximum Special Tax for each respective class; or by levying up [0 10(7N, of [he Base Maximum Special Tax for Assessor's parcels to which the Dase Maximum Special Tax alternative applies. 'Che Special Tax levied by the District will be collected in the same manner and at the same time as ad valorem property taxes ere collected by the Tax Collector of the County. No later than the tenth day after which the Auditor-Controller of the County makes an allocation of the Special Taxes to the City on behalf of the District, such Special Taxes will be deposited in the Special Tax Fund held by the City Treasurer for the payment of debt service on the 6unds, payment of administrative expenses, or transfer to th Reserve Fund to restore or increase the balance therein in the Reserve Requirement. Preoav~ent $peGShc ~e$ The Special Tax imposed on any pwcel in the District may he prepaid in full a[ anv time by payment of an amount as determined tty the District according to the Prepayment Formula. The Prepayment Formula is defined as follows: P = PVT-RFC + P; 1'he variables are described as follows: P - Prepayment Amount PVT - Present Value of Taxes RFC - Reserve Fund Credit P - Prepayment Pees "Present Value of Taxes" means the sum of the present values of any unpaid portion n( the Maximum Special Tax applicable to the subject parcel in each fiscal year subsequent to the fiscal year in which the calculation is made remaining until the maturity of the Bonds. using the tax yield nn the Bonds las such term is defined in the non-arbitrage cc rtificates of the District) as the di scnanl rate. The Maximum Special Tax as used in such calculation shall he determined in accordance with the Special Tax F'o rmula based nn assignment of the sub,jecl pu reel to the appropriate land use categm}' idenll tied in the Special Tax I'n rmula: The Maximum Special Tax applicable to such parcel shall be the maximum lax applicable to the parcel according to its taxing classification as established in the Special Tax Po rmula. 16 "Reserve Pund Credit" shall he calculated as a reduction in the Reserve Fund proportional to the principal amount of Bonds to he redeemed pursuant to the Present Value of Taxes determined above. "Prepayment Pees" shall mean the sum of (i) the fees of the District, the Paving Agent and any consul ran is retained by the District in connection with the Prepayment calculxli~n and Bond redemption and (ii) a Prepa}'ment redemption premium of 3% of the Present Value oP taxes net of the Reserve Pund Credit. In addition to the above, any property owner prepaying his or her Special Taxes must also pay all delinquent Special 'faxes, interest and penalties ow tog on the parcel nn which the payment is heing made, if an}'. 1'he District will rebate to the property owner app Special Taxes received subsequent to the Prepayment Date with respect to Special Taxes levied and paid (or the current fiscal year for the subject parcel. Covenan4 tqr SuDerior_Cqu[t Forec loSgre In the event of a delinyu ency in the payment oC any installment of Special 'faxes, the Uistrict is authorized by the Act to order institution of an act ion in the Superior Court of the State to foreclose any lien therefor. In such an action the real property subject to the Special Taxes may be sold at a ,judicial foreclosure sale. Under the Act, the commencement of judicial foreclosure following the nonpayment of a Special 'fax is not mandatory'. Rowever, the Uistrict has covenanted fur the henefit of the Bondowne rs that it will review the public records of Ute ('oun ly in connection wish the collection of the Special Tax not later than .lone I of each vent to determine the amount of Speci rtl I'ax collected in the current Fiscal Year; and if the amount so collected is less Than 95% of the amount of the Special Tax levied in such Fiscal Year. District will insti~ule foreclosure proceedings not later than the succeed ing Yovember I as authorized by the Act in order fn enforce the lien of the delinquent installments of the Special 1'ax against each separate lot or pa rc•rl of land in the I(is U'i ct and will diligentlc prosecute and pursue such foreclosure proceedings to ,iudegment sale. Initiation of such foreclosure proceedings may he deferred if the amount nn deposit in the Reserve Fund is main) aincd al a Irvcl at bast equal to the Resc t'vc Requirement. Notwithstanding the fore go ing. i( the Special 'faxes on any parcel is in excess of $IO.000. 011 or the aggregate tax nn any parcels owned by a single owner is in excess of $111,0110.011. Ihen the Disu~icl will review the records of the County in enim rrl ion with the ~ollestion of Ihr Special Tax no later than I`rh ruary I and June I u( rash crag to determinr i( there is :mc del inqucncy with res peer In Ihr payment of the Special 'fax on such pa reel or parcels, and, if an}' amount is del inyuenl, the District will commence within I50 daps of the dclinyuency and dlligenllc Prosecute and pursue foreclosure proceedings against such po reel or p;trreis In ,I Udgmrnl sale. The Di sl rict mac, but shall not hr ohlignl ed m, advance funds tram nny source of legal ly avai table funds in order to mains;tin the MrSCrvr Pund at the Rrscrve Requi cement. If Ihr Rrsrrvr Fund is depleted. Ihcre could hr a default ar a delay in pncments In Ihr Bundnwnrr5 Pending Pros rcntian of farrcl neure proceedings xnd receipt by Utr Ili st rirt of foreclosure sale proceeds, if any. Ilowrver, within the limits of the Special 'fax Formula, the Ulslric•t may Iev}' the Speci nl Taxes an all properly within the District to provide an amount required to pay debt sr rv ice nn Ihr Roods and In replenish the Rrscrvr Fund. 17 Linder current law, a judgment debtor (property owner) has at least 140 d;ns from the date of service of the not ire of levc in which to redeem the property to he sold and may' hrve other redemption rights afforded ba law. If a ,judgment debtor fails to redeem and the propert}' is sold, his or her only remedy is an action to set aside the sale, which must he brought within 9U days of the dale of sale if the purchaser is the judgment creditor. If, as a result of such an a(•t ion. a foreclosure sole is set aside, the ju(gment is revived and the judgment creditor, i. e., the District, is entitled to interest on the revived judgment as if the sale has not been made (Sections 7OI.Sgf1, 701.545 and 701.680 of the Code of ('ivil Procedure of the Slate eC ('alifo rn is ). Foreclosure by court 'tction is subject to normal Iitigat ion delays. the nature and extent of which are largely dependent upon the nature of the de tense, i( any. put forth h}~ the debtor and the condition of the calendar n( the Superior Court Such foreclosure actions can be stated by the Superior C'on rt on gene rally accepted equitable grounds or as the result of the debtor's filing for relief under the Federal Bankruptcc laws. Rem rv_e F(rg(1 In order to ecru re further the payment of principal and interest nn the bonds, the Dist rirt shall upon original sale of the Bonds deposit Dond proceeds in an amount equal to the Reserve Requirement into the Reserve Fund held by the Pacing Agent. The Reserve Pund shall initially be funded nt $_ _, __. See "A PPENUIX A - SUMMARY OP 'fHE INDENTURE - Reserve Fund". Mone7s in the Reserve Pund shall be used solely (or the pw~pose of li) paying the principal o(, including sinking fund payments, and interest on Ihr Bonds when due in the went that the moneys in the Principal Arcounl of the Dond Service Fund, the Interest Account of the Dond Service Fund, respectivetc, are insufficient therefor, (ii) making deposits to Ihr Rebate Fund as required by the Indenture and (iii) (o offset the amount required to be collected through the Special Tax levy, or a pro-rata portion thereof attrihutahlc to the bonds in the last year of collection or when moneys 5ufficiest for de (easance are held in accordance with the Indenture. See A PPPNUIR A. Potlowing any use of the moneys in the Reserve fund for trans (r rs to pay principal, interest or to the Rebate Pund as described above, the District shall then lake Ihr steps nec•es s:u'c to cause to br deposited in the Hrse eve Pund the amount needed to replenish the Reserve Requirement by including such amount in the next annual Special Tax levy to lhr rxtent of the pe rmi tied Maximum Special Tax. land Values Thr Appraisal has hero pupa red, al lhr expense n( Utr Ue velnper In he rrimbu r.vrd by the District, to ascertain the value "as-is" of lan(I in the Uistrirl ev of December 1491, based upon rr. rt ain assumpl ions including, among other things, the completion of the impnrorments to be financed by the Bond,; and an allowance fur all private improvements installed as of the dale of the Appraisal, fhr Appraiser has provi(Ied a calualion of r. avh of the major ownership interest in Ihr Uist ri of in existing crnulitimt, assuming that each h~~Iding is sold la a .5rpa r;ur hove r. Thr Appraiser also provided an eggregelc ca lur (or ihr owner occupied residences within the District. Sec "TII F. ('IMIMl1N I'fY FA('I l.I fII:S UI SI HI(`I~ -- Future Financing I'I ass ." Sec 'SPP:C IAL RISK FACTORS -Appraised Value" and the Appraisal Summary attached as Appenr.lix D hr eels far n drsrri pti~n of the ^ssumplions made Irv the Appraiser. 18 The Appraiser has estimated the value "as-is" of land in the District, with the existing improvements and the improvements to be financed by ihr District with the proceeds of the Bond=, to he $______ as of December 1991, which is times the aggregate principal amount of the bonds and all overlapping handed intle6tedne ss. The Appraiser has provided a vat u:u ion for each of the major ownership interests in the District which are summarized in the tahle helow: TABLE 4 C'QMAi17Y FACILITIES DISTRICT ND- 88-2 OF '®E CITY OF RAIV(HO Q1CA1101'MA Y~lg_e__ltLLjcn$_t~-ry_.9f Ya for UmgtS Owner Combined Value-1'o AD-!'a is,ed Value --.4ie2. ...L~e_ri-- Standard Pacific LP Lyon Communities/Akins Development Rockf field/Carve Venture Century American No assurance can he given that the foregoing ratios can or will he maintained during the period of time that the Bonds are outstanding. Moreover, no assurance can he given as to the, amount of additional indebtedness that may he issued in the future by other publis agencies, the payment of which, through the lery of a tax or an assessment, is un a parity with the Special Taxes. Sec "SPECIAL RISK E4CTOR5 - Appraised Value" and ".SPECIAL RISK PACTONS -- I'ari ty Taxes and Special Assessments". 1 o_v_@g t ~C~1. _4 ( ~IQttcY 8 Moneys held in any of the Rm ds and accounts under thr Indenture shall he invested•at Ute direction of the Treasurer of the City on behalf of the District only in Authorized Investments as defined in the Indenture which shall be deemed at all times to be a part of such (ands and accounts. The Inden lu re defines Authorized Investments to include certain government obligations as well as other ohligations which may or may not he rated by a eat ivnal rating service. Obligations purchased as investments of monies in any fund nr account shall be deemed at all times tv he a part of such fund or account. Anv income realized on m' losses resulting from such investments shall be creditrd ar charged to the fund or account which was invested, except as follows: lit investment earnings on all amounts deposited in the Improvement hmd shall be deposited (1) in the Improvement Fund until the Project is complrted, and (21 Iherea(t er, in the bond Se rvi ee Pal nl, and (iii) all other investment earnings, excluding investment earnings mt the Administrn;ivr Expense Fund and the Rebate Fund shall be deposited in the 6nntl Sc rvice fund. Notwithstanding the (o refining, Excess Investment Earnings (as rlrfined in Ihr, Indenture) which are subject to rebate shall be deposited in [hr Rebate Fund ax pravi ded in the Indrn lure. Sec APPEF'IU IK A - "SUMMARY OP IIIF. INDPN'I l1Rl? - Investment of Ponds." 19 SPECIAL RISK FACf(IRS Fai_I_r~e_(~Dcvelrnr_ Pr_4per(ic~ Delay_@ As discussed under the coot ion "TIIE DCVGLOI'MFNT AND TIIE DWLLOPERS - The Development" herein, 170 homes have been constructed in the District (o( which 110 have been sold and 38 are currently in escrow). Furthermore, 226.8 lots in the District ore in a graded or finished condition. Approx imatclp 711'X, of land in the District is in improved condition. the ultimate completion and sale of the remaining IoLS are subject to n number of contingencies, mam~ of which are be7ond the direct cmtt rot of the Uevelopers and subsequent landowners in the Dist t'ict. The fact that the District is not fully developed :mil that a number of contingencies exist which could sloe or prevent future development presents certain risks to the Dondoane rs. A major risk to Dnndowners is that the prapos ed development within the District may be subject to unexpected drlacs, disruptions end changes which mac affect the willingness and ability of the Uevelopers and subsequent property owners to pay Special Taxes when due. Fnr example, land development operations may be adversely affected by changes in interest rates, unexpecl ed increases in developmett costs, natural phenomena such as drought and earthquakes, discuve ry of hazardous substances and any development restrictions imposed to address the problems generated by such conditions, and by other similar factors. On December 7. 1988, the City Cuuneil approved Ordinance No. J47 npp roving a development agreement with ('aryn Development Company (the "Development Agreement"). See "THE COMMIIN ITY FACILITIES DISTRICT -- Uevelopment Agreement". Altitaugh development agreements are specifically authorized h}' the Cali(nrnia Gove cement ('ode, there are no reported ('alifornin appal late court decisions with respect lu Ute en forceability of such development agreements, and in the absence of such decisions. no assuranre can he given that Ute Development Agreement provides the Developers with all of the rights and protections specified therein. The Developers have obtained I;md use entitlements (or all 700 parcels in the Distric L a final map has been rernrded for ,764 lots and tentative tract maps have been reca riled for the remaining 336 lots. To the extent the Developers require additional approvals from various agencies with respect to obtaining final tract maps for Ihr remaining 336 lots, such failure to obtain auc such agency approval nr sal isle such };ova rnmental ergo? mmenlS would ach~r rse lv affect I:md development npr rat ions. In addition. Ihrrr is Ihr risk that lawsui LS challenging the a{+proval of fire Development mac he instituted. Purthe rmorc, portions of the Uist riot are Iocnt ai within the flood plain of El iwanda San Srvine Area, which I rave ryes the Dist riel, and arc included in the Cl iwanda San Secine Area Ilrainage Plan. Fluodwac improvements have been completed, but sueh (acilitics have nnl been acerpt rd by the relevant puhl is agencies. 'fo rho exl ertt such ngenries reyui re wild?? ?neat flood coot rut work, deve lopmcnt of port inns of the Di el ricl m;(v also br dr laved. Morroce r, there can be no Hasa ranee tlml the means and incentive to c~mduct land development ope cal ions within the Oist riot will nut hr adversely ;tl fret rd he a future del eriorntion of the reel estate market and economic effects of future lac;+I, Stale and federal Bove romenlal policies eclat ing to real eclat r, development, changes in the income tax treatment of real property owns rship, or changes in the national econom}~. A slowdown of the development 211 process and the absorption rate (the rate at which newly - constructed properties arc occupied) could adversely affect land values and reduce the ahility or desire of the property owners to pay the annual Special Taxes. In that event, there could he a default in the payment of principal of, and interest on, the Bonds. A market absorption study for the DevelopmenC dated November. 1991 (the "Markel Absorption Study") has been preps retl by Empire Economics. The purpose of the Market Absorption Sturly is to estimate the probable absorption schedules far land in the Development. See APPENDIX E -- EXCERE'TS OF MARKET ABSORPTION STUDY. 'fhe Market Ah sorption Study was utilized by the Appraiser as a factor in determining the Appraisal Value. See "Appraised Value" helrnv. Ilowever, there is no assurance that the Market Absorption Study's projection of absorption rates (or property in the District will, in fact, be realized. Another risk to the Bondowners involves the value of undeveloped property'. 'Ihe failure to complete the Development as planned, or substantial delacs in Ihe completion of Lhe Deve lopmenL due to litigation or other causes, mac reduce the value of the property within the District, will extend the time during which a substantial portion of the Special Taxes is levied upon undeveloped property. and may affect the willingness and ability of the owners of land within the District to pay the Special Taxes when due. Undeveloped property also provides Tess security to the Bondowners than the developed property should it he necessary (or the District to foreclose nn undeveloped property clue to the nonpayment of the Special Taxes. Pu rth ermore, an inability to develop Ute land within the District as cu n~ently proposed will likely reduce ar delay llte diversification of ownership of land within the District. See "Concentration of Ownership" below. A slowdown or stoppage in the continued development of the District could reduce the willingness and ahility of such owners of undeveloped property to make Special Tax payments and could greatly reduce the value of such property and the price which could he oh rained for it in any foreclosure sale instituted to collect delinquent Special Taxes. Sec "Appraised Value" below. Fu WS~_lasd~l~..6eYAt~ation~a~~ Gr~1h.C~r91 Iniciacives In addition to the risk that the Developers and subsequent landowners may he unable ro obtain all discretionary approvals required under existing law to complete the proposed Development, completion could 6e delayed or made impossible by the imposition of fulu re land use regulations. See "'I'BE ('(MIMUNITY FACT CITIES DISTRICT - 7.oning and Land Use." During the past several years, citizens of a number of local communities in Soothe rn ('alifornia have placed measures on the ballot designed In control the race of future growth in those areas. It is pos sihle that future initiatives could be enacted, could he applicable to the Development anal have a negative impact nn the ahility of the Developers to complete the proposed Development. Bondowners should assume that any event that siKnifirutl ly affects the ahility to develop land in the Ui stri cl could cause Ihe land values within Ihe District to decrease substantial ly and could al'f eel thr willingness and nbili ly of the owners nl' land within the District to pal i~+e Special Taxes when due. See "SLCl1RITY POR TIIE 60ND5 - Land Values." There can be no assurance that land development within the District will not he ache rse ly a(f ected by future governmental policies, including, but not limited to, governmental policies to restrict or control development. Dnder current California law, it is generally accepted !hat proposed development is not exempt from future land use regulations until building permits have been issued and substantial work has been performed and substantial liabilities have been incurred in good faith reliance nn the permits prior to the adoption of such regulations. See "THF. DEVELOPMENT AND TIIE DEVEIAPERS - The Development" herein. Concents_aSStn.9f _9!Ae[slzR Approximately R$% of the land within [he District is currently owned by the Developers. For a discussion regarding the Developers, see "'ff1E DEVELOPMENT AND TIIE DEVELOPERS -The Developers." The Developers intend to develop their land within the District for residential uses. There may he subsequent transfers of ownership of the property within the District prior to completion of the Devrlnpmen L Failure of the owners of property to pay the annual Special Taxes when due could result in the rapid, total depletion of the Reserve Fund prior to replenishment from the sale of property upon a (o reclosu re or otherwise or delinquency redemptions after a foreclosure sale, i( any. In that event, there could he a default in payments of the principal uf, and interest on, the Bonds. Such risk may be greater or its consequence more severe when ownership is concentrated and may be expected to decrease as ownership is diversified through development and sales. Land_~e.Lop~ent Css_ts App ntximatelc 226.8 acres or 645 of the District is in a finished Int cnndit ion. 1'he balance of the District, re pre sent inq approximately l00 acres or 3I% of the land in the District is in a raw or undeveloped condition. Land values and the construction of private in-tract improvements on the undeveloped portions of the land within the District is contingent upon [he construction of local in-tract improvements and on-site grading and related improvements. "fhe re can he no assurance that. these improvements will ever he constructed or will he consl nu'l ed in a timely manner to permit the completion of the Development planned for the District. The cost of these additional improvements would likelc increase the private debt for which the land within the District is security. In nddilinn. additional public indebtedness is expected in the fu LUre to (i nance certain I'i re prevention eclat rd improvements in an area encompassing the District. tiec "Parity Taxes and Special Assessments", herein. 'T'his increased debt burden in combinnt ton with other assessments could reduce the ability or desiro of the property owners to pay the annual Special Taxes levied agains( the property. In Thal event there could he n de fault in the payment of principal o(, and interest on. the Donds. Sec "SECURITY POR 1HE 60NDS - 'The Spec•i al '1'as" and "Slil'1!RII'Y POR TIIE 60NUS - hand Values." Disclosure to Future ProDerty.Otmers The District has recorded a Notice of Special Tax Lien in the Office of iiu County Recorder of the ('ounty. While title companies normally refer to such notices in title re purl s, there can be nu guarantee that such refe rencr 22 will be made. In addition, the Developer has undertaken a contractual obligation to the District to make specified disclosures to certain purchasers and lessees :md to obligate its purchasers to make such disclusu res to their purchasers and lessees. 'there can be no assurance that such disclosure will be made, and the obligation does not extend to successors beyond Developer and its immediate purchasers and lessees. There is also no assurance that even if disclosures or title company references are made, that a prospective purchaser, lessee or lender will consider such Special Tax obligation in the purdtase of a properly or the lending of money [hereon. Failure to disclose the existence of the Special Taxes may affect the willingness and ability of (inure owners of land within the District to pay the Special Taxes when due. ADRr~.-tSed Vgl.tp¢ The Appraisal (as described in "INTRODU(T ION") was prepared for the purpose of estimal ing the value "as-is" of land in the Uistrict based en c~ rl win assumptions. In determining the value of land in the Uistrict, the Appraiser has assumed, among other things, the completion of all the improvements to be acquired by the District with the proceeds of the Bonds and also, an allowance fur all private improvements installed as of the date n( the dpp sisal. The Appraiser has provided a valuation of each of the major ownership interests in the District in existing condition, assuming that each holding is sold to a separate buyer. The Appraiser also provided an aggregate value for the owner occupied residences within the District. 'the Appraiser also utilized estimates derived from the Market Absorption Study in determining absorption rates for property in the District. Should (afore conditions and events, such as government regulations or the inability to obtain private financing, reduce the level of permitted development, the value of the land would likely he reduced from that estimated by the Appraiser. See (he Appraisal Summary included as APPENUIR 6 hereto for a description n( other assumptions made by the App rti sec. No assurance can he given that should Special T'a xes on am' of the appraised parcels become delinquent and should the parcel br offered for sale al a judicial foreclosure sale, that any hid would be received fur such property or, if a hicl is received, that suet: bid would be sufficient to pay such delinyuenl Special Taxes. See "SE('UR I'IY FOR 7116 BONUS - hand Values." In addition to the foregoing, property values are not evenly distributed throughout the District. ('onseyuent ly, a single "value-to-lien" figure for the Ili st ri cl as a whole may overstate the appl icahle value-to-lien for a given major property owner. Sec "SECURITY POR TBE BONDS -- Land Values" fur a summary of Ihr valor-Ut-lien fur the Uistrict and for the holdings of each Developer. The dispari lv in valuations is significant because in the event of nonpayment o(a Special Tax Icvy, the District's Dole remedy is to fo rrc lose Ihr Iirn of Special ~i ases on (hr delinyuenl parcel. Overlapping Special Taxes and Special Asaess~eats Thr Sprciaf '1'a xes and any penalties thereon will consli(utc liens otgainsi the lute and parer is of land on which they will br annually imposed until they arc paid. Sur.h lien is on a parity with all special taxes and 5pw~i al assessments levied by other agenci ae and is coequal to and independent of the lion For grnrrnl prnpr n c taxes rcgardl css n( when Ihcy arc imposed upon the 4alnr property. the Special faxes have priority Duct all existing and 23 future private liens imposed on the property. The District, however, has no control over the ability of other entities and districts to issue indebtedness secured hp special taxes or assessments payable from all or a portion of the grope rtp within the District. In addition to the anticipated annual Iraq' of Special Tax 6, several other puhlis agencies have issued, or intend to issue, indebtedness secured by special taxes or assessments nn land in the Uistrict. See "THE COhA1UNITY FACILI'f IFS DISTRICT -- Overlapping Indebtedness." the Developers have agreed pursuant to the Purchase/financing Agreement dated June 21, 1989 that they will not initiate or cooperate with the levy of anc tax or assessment in the District which would cause the maximum au thuri zed Ins and assessment obligation of land in the Uistrict to exceed I.8% of [hr fair market value of such properties. However, other public agencies could, without the consent issue public indebtedness secured h7 special taxes nr assessments. Qmseyuently, the liens on the property within the District could increase, without any corresponding increase in the value of the property within the District and thereby severely' reduce the ratio that exists at the time the Bonds are issued between the value of the property and the debt secured by all taxes and assessments thereon. The imposition of such additional indebtedness could also reduce the willingness and ability of Ute property owners within the District to pay the Special Taxes when due. Moreover, in the event of a delinquency in the payment oP a Special Tax Iet~~, nn assurance can he given that the proceeds of any foreclosure sale wrn;ld he sufficient to pap the delinquent Special Taxes and am' other drlinyuenl assessments. special taxes or taxes. Sec "SPECIAL, RISK FACTORS - Appraised Value." I nguf fi_c iency qf. ~DeEi~l Ta:ce.5 Under the Special Tax Formula, the annual amount of Special 1'ax to be levied on each Parcel in the District will he based on whether such Farce! is developed or not and on the syua re footage of the Parcel or building or buildings on each Parcel. See APPENDIX C and "SCCVRITY FOR TII P. 60NDS - 'The Special Tax." Tu the extent Undeveloped Property does not become Developed Property, col lerl ion of the Special "fax will be dependent on the willingness and ability of the owners of Undeveloped Proper n~ to pay such Special ?ax when due. See "Failure to Ue velop Properties; Delays" above for a discussion of the risks associated with lMdevel oped Frnperl y. In orvlrr to pay debt service nn the Bonds, it is necessary that the Special Taxes Ir:ir.! against land within the District be paid in a timely nnumer. The Uist ricl has estahlfished a Reserve Fund in an amount equal to the Reserve Hequirrmenl to pac debt service on the Bonds to the extent Special taxes are not paid on lime and ocher funds are not available. Sec "SP,Ch'R ITY POR 'fHE BONUS -- Reserve Pund". The District expects that the annual debt srrrice on Ihr Bonds will esreed the Heser ve Rryuire ment.~ Under the Indrn wrc. Ihr Uisl ri rt has covenanted lu insist ain in the Hove eve Fund nn amount rgiial to Ihr Hesc rvr Heyui cement; soh ice L however, lu the limitation that the District mm~ not levy the Spec i;tl Tax in any fiscal pear at a ra le in excess n( Ihr maximum amounts permit lerl under the Special Tax Pormuln. See tl'I'ENDIX C' -- Sprci al 'fax Formula. As a result, if a significant number of drlinqucnrir5 occurs. Ihr Di vl ri rl will he unah lr to replenish Ihr Rrsm~ve 24 fund to the Reserve Requirement due to Utc limitations or, the Maximum Special 'fax. If such defaul is were to continue in successive years, the Reserve Pund would soon be depleted and a default un the 6unds would occur if proceeds of foreclosure sales did nut yield a sufficient amount to pay the delinquent Special Taxes. The Uistrict has made certain covenants regarding the institution of fn reclosure proccedi ngs to sell any property with delinquent Special faxes in order to obtain (Dods to pay debt service on the Bonds. tF foreclosure proceedings were ever instituted, any mortgage or deed of trust holder could. hat would not Ue required to, advance the amount of delinquent Special Tales lu pent eel its securilc interest. See "sE(URI'IY FUR TIIG BONDS -Covenant (or Superior ('port Foreclosure" for procedures which the District is required to ful low in the event of delinyuenc7 in the payment of Special Taxes. The Act provides that. if any propert7 within the District not otherwise exempt from the Special Tax is acquired h7 a public entity through a negnt ia(ed transaction, or by' a gift ur devise, the Special Tax will continue to be levied on and en(arceahle against the public entity that acyui red the property. In addition, the Act provides that, if property subject to the Special 'l'ax is acquired by a public entity through eminent domain proceedings, the ob(igat ion to pay the Special Tax with respect to that properly is to be Treated as i( it were a special as sessmenl and paid from the eminent domain award. the constitutionality and operation of these provisions of the Act have not been tested in the courts. I( for any' reason property sub,j ect to the Special Tax become: exempt h'om taxation by reason of ownership Try a non-taxable entity such as the Cede cal government, or another public agency. s uh,ject to the limitation of the maximum authorized rate of levy, the Special 'P;tx will be reallocated to the remaining taxable properties within the Uistrict. '(his would result in the owners of such propertc paying a greater amotmt of the special 'Tax and could have an adverse impact upon the timely payment of the Special 'l'ax. MOREOVER, IP A sUDS'fANT1AL PORTION OF LAND WITIIIN 1 NF. DISTRICT BECAME. EX@MPI IROM 'r116 SPhCIN, TAx RF,('AUSE OE PURIJ(' OWNCRSIIIP, OR OTRERWISE, TIIE MAXIMIfM SPECIAL TAk WIIICII COULD RE LGVIED Ill'UN 11115 RIiMAIN ING A(1tEAGE MIGIIT' N(Il' BE SIIFPI('IINT TO PAY PRINCIPAL OP lHt INTEREST ON 'fIIC 60NI1S WIIISN DUE ANU A UIiPAUhT COUhU O('(UR WITII RfSPG(T TO THE PAYMENT OP StI('H PRINCIPAL AND IN11SRf51'. Tax Del in~cocics I,Indrr provisions of the Act, the Special Taxes will he billed lst the p rope rt ies within the District on the regular property tax bills sent to owners n( such proper) ies. Such Special Tax installments are due and payable, and hear the same penal) ics and interest. (or amt-payment, as do regular property tax installments. special 'rax ins tnllment payments cannot hr ra.nle sepou'ately from propertc lax payments. 'Therefore, the unwillingness ur inahi City of n properly owner to pap regular property tax hills as cvi dented by properly Ins dclinqucnries may also indi Talc an unwillingness or inability to make regular properly tax payments and Special 'l'ax installment papmenls i~n the fuhn'e. Acre riling to Ihr ('ily, as of the conclusion of fiscal year 19Rq/911 approximately $2R7 of Special Taxes was delinquent out of the total `~perial "Ins levy of I$IN7, Otlll~. For the 19811/91 fiscal Year, Special T'ax drlinquenrirs equaled $1,111(1 out of a total Special Tax ICVy of approximately ,~270,f1[ID. ICurthr rmore, the Cilc has dr lrrmined Thal all of the Ilrvrlaprrs hacc paid the first property' tax installment for the ID91/q2 fiscal Ye;u'.I 25 See "SE('L'RITY FOR TIIE DONDS -Reserve Fund" and "SE('LBIT1' FOR TIIC 60NUS - Covenant for Superior Court Foreclosure," Cur a discussion of the provisions which apply, and procedures which the District is obligated to follow tinder the Indenture, in the event of delinquency in the payment of Special 'lax installments. Proper lY..~e~__bY_ FD~5LR7S 'Che ability of the District to collect interest and penalties specified In~ State law and to foreclose the lien of a delinquent unpaid Special Tax levy map be limited in certain respects with regard to properties in which the Federal Deposit Insurance Corporation Ithe "FDIC") or the Resolution Trust ('ompany (the "Hf("'1 has or obtains an interest. On June 4, l99(, the RTC issued a Statement of Policy Regarding the Payment of State and Local Real t'rnpert7 Taxes (the 'Pct icy Statement"1. CChe FDIC had previous R' joined with the RTC in a Jule ]2, 1990 joint statement of policy addressing the same subject.) 1'he Pol icv Statement provides that the RTC intends to pav its property tax ohligat ions when they come due and to pay claims for delinquencies as promptly as is consistent with snood business practice and the orderly administration of the institution's affairs. It may decline to pay property tax claims in situations where abandonment of its interest in the property is appropriate. The Policy Statement also provides that real property awned by the RTC is subject to state and local real property taxes if those taxes are assessed according to the property's value, but that the Rf(' is immune from real properly taxes assessed un other bases. 1'he Policy Statement further provides that: l(nrrv prnprrro tmvs (im'ludin,q intrr'rsr) nn /RTC/ nwvred prnprrtr mr.crrurrrl be n valid lira iin effect before Nte praperrv become on•ned by the /RTC/1. the IRTCI will pap tlrgce claims. With respect to prnperrv tint hewed by the /RTC/, bur in which Nre IRTCI bras a lien interest, and /sic) propern~ tares tinrluding interest) secured 1n' a valid lien n~irh priority onner the /RTC'.rl Herr iruere,rt nail/ he paid. Hnu•rver. if aharrrlnrtnrenr of iAc irrtcrea in the properly is appropriate, the /RTCI mac elect not rn pqv .curb claines, The Special Tax is not based upon a property's value, and the Pul icv Statement is unrlrar as to whether Special "faxes such as those levied h_v the Uiatricl are considered to he "real property taxes" which are intended to be paid. Morrovrr. the Policy Statement provides that, with respect to parcels on which the RT(' holds a mortgage lien, it will not permit its lien to be (orerlosed out by a lazing authnri ty without its specific consent and that it will not pay nr recognize liens for any penalties, fines nr simi lnr claims impas ed (or the nunpnymenl of Taxes, whether arising hefot'e or eF(er acquisition of Ihr parcel in guest ion, nor will it pay at turne}'s' costs incurred by a Taxing authority or other person in pursuing a tax claim. the Dist ricl i5 unable Io predi rt whet effect the application of the I'nlicy Slalemrnt would have in the event of a delinquency on a parcel within the Iistrict in which the FDIC or NT(' has ur obtains a inl crest, although p rob ihit ing the lien of the FDIC of RTC from being foreclosed out at a .Iudici al (orrclosure sale would likely reduce or eliminate the persons willing 'n purchase it parcel al a (nreclosure sale. Such an ou )come would cause a draw on the Rrsrrve Fund and perhaps. ultimately, a default in payment nn the Unnds. zn BpgkruDf4y The colleeninn of property owners' rases and the ability of the Diet ri ct to es tnbli.vh or to foreclose the lien of a delinyuen t~Special Tux pursuant to its covenant to pursue judicial foreclosure proceedings, may' he limited by bankruptcy, reorganization, insole~ency, or other laws genera([5' affecting creditors' rights or by the laws of the State relating to ,judicial toreclnsu re. Sce "SECURITY FOR THE HONDS - Covenant for Superior Court Foreciosu re." in addition, the prosecution of a foreclosure could be de laved due to crowded local court calendars or legal delaying tactics. T'he various legal opinions to 6e delivered concurrently with the delivery of the Oonds tincluding &>nd Counsel's approving legal opinion) will be qualified, as to the en (o rceabilil}' of the various legal instruments, by reference to moratorium, bankruptcy, reorganization, insolvency' or other similar laws nffeeting the rigitls of creditors generally. Although bankruptcy proceedings would not cause the lien secured by the Special Taxes to become extinguished, bankruptcy of a property owner ur of a partner or other equity owner of a property owner could result in a court-imposed delay in the establishment of the lien for the Special Taxes, a delay in prosecuting Superior Cnuri foreclosure proceedings or an adverse effect upon the property owner's ability or willingness to pay the Special Taxes, and could result in the possibi hi ty n( delinquent tax installments not being paid in toll. Such delay or partial non-payment would increase the likelihood of a delay or default in payment of the principal of, and in tr rest on, the bonds. Se is~ic.Cag; ideratiQO3 A cenriling to the final Gnvi ranmental Impact Report prepared for the County and Baled August, 1989, the Uis trier is located in a seismically active region, affected by activity from the Whittier'-Elsinore, San Andreas, Son .Iacin to. San Jose and San Antonio Cancun Faults. The Cucamonga fault is prohab ly the most significant fault in the area due tv its proximity (i. e., aPPr'oxima lely one-half mile north of the District). This fault is an eastward rxt ension oi' the Sle era Madre fault zone, which was responsible for the 1971 San Fernando ~'allcy event. II is estimated that the maximum probable earlhyua ke expected to occur along the Cucamonga (cult is V.,S tRichter). The pot ant ial (or ground shaking during a pro.lertcd 50-year life span is c'rnts tderttl to be Ligh; however, it would not he unlike conditions which general ly' urea t' Ihr'oughrntt the southern Galifnt'nia region. A rcording in the engineering geology feasibility and subs urfare investigations conducted Rtr the Development, no portion of the Dist ri rt lies within an Alquist-I'riola Special Studies Zune. However, a purl ion of Ihr Ned illll fault loc;n ed ;qtp tux ima(cly one-half mile northeast of the site is 'ntn laded with hi such a zone. According to the Honcho Coca mangy fenerel Plnn. this faun ie capable of producing a maximum graundshaking in tensile of 6.S f Rirh ter l~ the ('i IV has adopted a special studies zone of its own Iro oxl carting Ihr Alquist-Pei uln Special Sludirs 7.one towards the soulhwrsl. Iherehc bisecting Ihr sou Oracle portion of Ilw Uisl rir L I'revi otts Iron rh ing SIIId IeF within rho special slndi cs zone soulhxest of the District have failed Ir reveal nnv evidence of faulting; however, the ('i iv currently requires Irrnrhing within Ihr special studies root for pro,jerls within Ihr lily limits. 27 In the event of a severe earthquake, there may be significant damage to hoth property and infrast rue hrre in the Uistrict. As a result, a substantial p~rtinn of the property Owne is may be unable or unwilling to pay the Special Taxes when due, and the Reserve Fund mac eventual lv become depleted. In addition, the value of land in the Dist tier could tie diminished in the aftermath of such natural events, reducing the resulting proceeds of foreclosure sales in the event of delinquencies in the payment of the Special Taxes. Ild ter _Ay~i I~b il_i ly In southern California, a developer traditionally will obtain a "will serve" letter from a retail water provider prior to commencing cons u'uction of a residential or commercial development. Typically a "will serve" letter confirms that the retail water provider is ready, willing and able to supply such development with water upon its completion. In some instances conditions are included in the "will se nee" letter, including a condition that certain water facilities necessary to provide srrvice to the development be constructed by the developer and conveyed to the retail water provider. 'ITte District is located within the jurisdiction of the Cucamonga County Water District ("C'(WD"). CCWD ohtains its water supplies from the Metropolitan Water District. The Southern California area is currently experiencing a drought and the Metropolitan Water District has enacted cutbacks in water availability by 30% effective April I, 1991. On _ I n')i, the ('(1YD enacted a water rate structure designed to encourage water conservation and provide an average _ % reduction in water use. The C'CWD water rate st torture imposes penalty rates on customers for water usage in rxcess of certain thresholds (or defined water meter sizes and user vategories. ('(WD is not presently considering a building moratorium, Dut it has limited the r.railability of water for new construction projects. ('onstruction projects with existing construction water meters will he able to continue water use. although the CCWU has increased applicable water rates. CCWU has issued "will serve" letters In the Developers (or the tracts in the District stating that adequate waterline and water storage capacity exists and will rxist to serve the properly at the time of occupancy. The C(WD "will srrve" letters ore subject to pipeline extensions, policies, rules, regulations and rate ordinances of CCWD. In the went that the C(lYU determines that it does not have sufficient walrr In srrve additional connections to its system (or anv rr as nn including but not limited to e C(WD imposed or roe rt ordered connection moral orium, the ('(WI1 may decline to exl rod the "will serve" letters of those dr vrlopers, including (he Urvelnpers, whose "will serve" le(trrs expire prior to connection of developed prone cries to the C(19D system. For the same reasons, Ihr ('CWD mar drterminr not to connect a building nr other devr lopmrnt to its svslrm nolwilh,elunding Ihr fact that such development i~s included within an existing "will serve" Iettr r. In am' of these cases, a refusal by the CCWD to connect a building or other development to its system would delay or halt ramp lrtinn of Ihr Development. and mac of feel the willingness and ahilit,y of the owne ra of I;uul within the Uistrict to pav Sprciai Taxes when due, or may al I'rct the va lur of land scouring the Special Tnxrs. zx N4~CgI CSBIlSg. Pr~vIg100 The Bonds and the Indenture do not contain a provision allowing for the acceleration of the Bonds in the event of a payment default or other default under the terms of the Bonds or the Indenture or in the event interest an the Bunds becomes included in gross income for federal income tax purposes. Pursuant to the Indenture, in the event of a payment or other default, any owner of any of the Bonds is given the right fur the eyual benefit and protection of all Bondowne rs similarly situated to pursue certain remedies described under Ak'PENUIX A -- "SU11A1ARY OE T}IE INDENTURE - Remedies of Owners." 29 rr~ carllnmr FACnlrtrs DtSIRfCf I~Catian and Descrinliw The City is situated in the southwest corner of the County, approximately JS miles east of Los Angeles. The City is hounded by the unincorporated area of the County and the San Gabriel mountains to the north, anti by the communities of Ontario, Fontana and Upland, to the south, east and west. respectively. The District is located within the extreme northeast corner of the City. The District is characterized by a mix of newly constructed and occupied homes anti undeveloped acreage earmarked primarily for future residential development. The Collowing discussion summarizes the specific property uses surrounding the Uistri ct. Immediately north of the District is a Southern C'aliforn is Edismr easement fur overhead power transmission lines. The foothills of the San De rnardino Mountains and National Forest are located further north of the District. lmmedialely south of the District is vacant acreage to he held as permanent open space for use as a flood control basin. This land generally represents the area between the southern boundary of the Uist ri ct and Interstate I5. Undeveloped land is charaute ristic of the area to the south for a distance of approximately two miles. Approximately two miles to the south is a developing community known as the Village of Neri [age in the C'ily of Fontana. Immediately adjacent to the cast of the District is additional vacant acreage to be held in permanent open space. This area is known as the San Sevaine Nash, a flood plain which serves as a natural drainage course from the San 6ernardino Mountains to the north. Ad,ja rent to the west of the District is undeveloped acreage situated wi Htin un incorpo rat eel County land. This undeveloped area extends for a distance of approximately I-I/2 miles to Etiwanda Avenue, where some single-family residential development has recently commenced. $r~arv_o~ District Forutiom Prtaceediu¢s Pursuant to the Act, the City Council of the Citv of Rancho Cucamonga lthe "City"1 (the "City Council") adopted Resolution No. 89-185 on April 19, 1989 amencletl by Resolution No. 39-264 on June 2I, 1989, staling its intention Io establish the Dist ri cl. Pursuant to Resolution No. R9-263 adapted by the City Council nn June 21, 19R9, the District was formed, bonded indebtedness in an aggregate principal amount not to exceed $4,0110,1100 was authorized and an election was held pu rs uanl to the Act on June 27, 1939. The yvalified electors, being the landowners, within the boundaries of the District authorized the District to incur huntletl intlrbtetlness in a principal amount not to exceed $4,000,000 to finance certain public improvements to meet the needs of new development within the Ui sl rirl and approved the Special Tax Formula and levy of a Special 'fax to pay the principal and interest on the Donds, pay administrative expenses of the District and make any replenishments to the Reserve Fund consistent with the Special 1'ax Formula, the Act and Ordinance No. 397, adopted nn July 19, 1989. 30 Fnv i ron~ea[a~v~ The Developers submitted to the County certain documentation as reyuired by the California Environmental Quality Acl ("CEQA"). An environmental impact report certified June ]0. 1985 by the County Doard of Supervisors (the "EIR") was prepared to address environmental issues associated with the Development. The Project being (financed by the District includes mitigation measures identified in the EIR and the Development planned in the District is consistent with the EIR. The envi ronmenlal documentation for the (o rmation of the District consisted of a negative declaration adopted by the County on August 24, 1987 and a negative declaration adopted by the City en June 21. 1989. Based on the EIR, the negative declaration concluded that the District formation would cause no significant environmental impacts. See "SPECIAL RISK FACTORS - Future Land Use Regulations and Growth Control Initiatives" and "SPECIAL RISK FACTORS - Failure to Develop Properties; Delays." Z~gioe and Laa~ U~ All of the land in the District is planned for single family detached residential units with the exception of rights-o(-way for Southern California Edison Company, the Melropol itan Water District of Southern California and the County Flood Control district, and land dedicated as open space. Lot sizes range from 9,000 to over 18,000 syuare (eet with and overall average tut size averaging approximately 14,0(10 square feet. The property in the District north of 24th Street (also known as Summit Avenue) was originally planned for development pursuant to the Et iwanda Ili ghl suds Planned Unit Development (the "Development Plan") of the Pa iwanda/San Sevaine Planning Area of the Wesl Valley Community Plan of the ('uun ty. 'f he Development Plan was approved by the County Planning Commission on July 14, 1988. Tentative 'Ract Map Nos. 13564 and 13565, which were located in the Development Plan, were conditionally approved by the County I'I ann ing ('ommission nn November 17, l9RR and .Iuly 14, 1988, respectively, prior [o the properly being annexed to the Cily. When the property included in the Development Plan and Tentative Tract Map Nos. 13564 and IJ565 annexed to the City, the proposed land uses and approved tentative tract maps conformed to the City's General Plan and land use designations and have since been processed under the ('i ty's development nppruval procedures, under the terms of the Development Agreement. The property snnth of 241.h Street (Summit Avenue) is within the Et iwanda wren and has been approved for development pursuant to the Specific Plan. Tentative Tract 13566 was conditionally approved by the City Planning ('ommission un Julc 22, 1987. On June 8, 1988, the City Planning Commission approved the design review Car Tentative Tract IJ566 in the low density residential district 12-4 dwelling units per acre). DevcloD~eot Al;rec~enl On December 7, 19RR, the City ('owtcil adopted Ordinance No. 379 approving ~, Development Agreement Ithe "Development Agreement") with ('a r7n Development ('ompany ("('n ryn"). I'u rsuant to Section 65856.2 0( the California fovernment Code, the Ue velopment Agreement provides Thal the development of the sub,j ect property for the uses and to the density set forth in the applicable land use 1I em it lements shall not be prevented by any discretionary action on behalf of the City, including the enactment after the date of the Development Agreement of any ordinance by the City Council or by initiative which would impose limitations or restrictions on the permitted uses of the property, or the density or intensity of use thereof, or which would limit or control the rate, timing or sequence of the Development. The Development Agreement also provides that the City will review the Development Agreement at least once in every twelve-month period from the date that the Development Agreement takes effect to determine whether the Developer is complying in good faith with the terms of the Development Agreement. The Development Agreement further provides that if following such periodic review, a finding or determination is made by the ('i ty that upon the basis of substantial evidence, the Developers have not complied in good faith with any of the terms or conditions of the Development Agreement, the City may terminate or modify the Development Agreement. Although Development Agreements such as are specifically authorized by Section 65864 ey~gq. of the California Government Code, there are no reported California appellate court decisions with respect to the enforceability of Development Agreements, and in the absence of such decisions, no assurance can he given that the Development Agreement provides the Developer with all of the rights and protections specified therein. Purchl~,LelFimncina Aaree~en( The City and the Ca ryn have entered into a Purchase/Financing Agreement dated June 29, 1989 (the "Purchase/Financing Agreement"). The I'u rcltase/Financing Agreement provides for the acquisition and construction of the Project (as set forth in Description of the Project" below), and the issuance and sale of the bonds by the District to finance the acquisition and construction of the Project. The Purchase/Financing Agreement provides tar the construction of the Pro,jecl by Ca ryn and related control, inspection and approval of such construction by the City. The Purchase/Pi nanr•ing Agreement sets forth the acquisition price to be paid for the acquisition of each completed facility from the Developer. Once acyui red from the Uevelope r, such facilities are public facilities. 9s;,Etapia~_of_ 4hs~toiesl The District intends to use the proceeds of the Donds to (finance the design and construction of certain flood control improvements (the "Facilities"1. In adrli lion, the Special Tax D will be used to augment police services required by the Disu•ict. Following is a summa rv of the Facilities together with the estimated costs the reo(. 32 TABLE 4 C01MMI1T FM [CITIES DISTRICT N0. 08-2 a tBE cm of RARC110 ^K/Ut01Ma FACILITIES TO BE CORSTRUCTm Reimbursement Preliminary of Developer End of SASS ~S tj.!^DS.E CFQ.C931 __Ad_vd S3___ C9_n Ftr4S.ti 4n Re9i~p1 Mainlj n;,Fd4. San Sevai ne Hest Levee 51,789.3d7 E 191,903 $1,59],364 12/31/91 Morse Canyon Overllav Levee 190,407 20,430 170,049 1/30/92 Retention Grading in San Sevaine Basin 1,302,566 140,339 1,23A,22] Completed 2dth Street Basin Crossing 7,501,655 A7S.060 1,102,56] Lower loop IHardma n-eullack) Basin Crossing (1) .,1 ,y4] 063 _ ]41 ~Q __5_0$44 Pendin0 Subtotal Reg. Mainline 55,991,110 51,501,367 54,409,751 $ecandarv Reaign~_Facilities Hardman/Mende raon Channel $2,AIA,802 $1,491,040 f 923,042 12/31/91 Incidental Expen tamps Formation Costs 121 ,_ 103 ~7 __51,Q29 ,5J 517 ^ total 58.509,437 $3,125,127 55,30A,310 III Estimates for loser loop basin crossings is based on the current probable design utilizing a one box culvert. Inasmuch as this estimate is based on a con reptual design, the cost of this facility could increase. (71 Assumes that all formation costs xi/1 be reimbursed upon bond sale. 131 Oev elap er advance to f,i ty subj pct [o reimbursement. Ovcr.l a,_pp.i rtg_Deh4 RQd D~iBS Ti~I$ The property included within the District is included in several other special districts which are authorized to levy special taxes or assessments. The liens of such special lases and assessments are of equal priority of the lien n( the. Special L•Ixes. The I'u reluls ing/Financing Agreement stipulates that Ca ryn shall net 0ler srek, nor agree lo, any (orm of assessment or special taxes which, in combination with the ad valorem taxes levied, would amount to a percentage greater than I.8% of the fair me rket value of the properties within the boundaries of any community rxcilities list ricl tormetl by the ('ity. The following discussion summarizes the community facility dill ri c(s overlapping the District: 33 Et iwaoda School District CFD No. 2 The Board of Trustees of the Etirvanda School District, pursuant to Resolution No. 8889-IS adopted April 27, 1989, established Community Facilities District No. 2 ("CFD No. 2"1 with a maximum bonded indebtedness of $5,000,000. At a special election held on May 16, 1989, the property owners in the District authorized the District to incur bonded indebtedness and approved the levy of a special tax to support such indebtedness. The Etiwanda School District sold $4,270,000 of CFD No. 2 Bonds in December, Io89. The proceeds of the CFD No. 2 Bonds were applied to provide funds for the acyuisition of three elementary school sites and one junior high school site. Raocho Cuca~ooga Fire Prolectiao District CFD No. 88-1 the Rancho Cucamonga Fire Protection District, formerly the Foothill Fire Protection District, (the "Fire Protection District") was reorganized on July 1, 1989 as a subsidiary district of the City. The City Council serves as the Board of Direclo rs of the Fire Protection District. 'Fhe Fire Protection District established its Community Facilities District No. 88-1 ("CFD No. 88-1") to provide For the acquisition of one acre of land on which to build a facility large enough to house six full-time (i re(ighte rs and store attendant fire apparatus and eyvipment. In addition, staffing, operation and maintenance costs will be partially funded through CFD No. 88-1. The current cost estimate for facilities and services to be financed by CFD No. 88-I is _ and respectively. The eslima ted cost of facilities, plus bond-related costs and incidental expenses, is anticipated by the ('i t7 to result in the issuance of approximately [$2.865,000.1 The facilities and services to he financed by CFD No. 88-1 must be in place and fully operational at the time that the one thousandth residence within CFD No. 88-1 becomes occupied. 1~Ite City anticipates. based on the analysis of an independent real estate consultant, that the one thousandth unit will he occupied during the _ fiscal pear, and therefore it is anticipated that bonds for CFD No. 88-I will be issued in The City has projected that 5,468 dwelling units and 60 aores of commercial and industrial land will he developed in CFD No. 88-1. Based on the ratio of the 7(1(1 dwelling units in the District to the 5,468 dwelling units in CFD No. 88-1, the District's share of the bonded indebtedness to be incurred by CFD No. RA-l is eslima ted ut be 12.8% or )$366,720.) The maximum annual Special Tax commencing in fiscal year 1988/89 for CFD No. 88-1 is $200 per lot, whi rh is not subject to escalation prior to the issuance of a building permit. Alter issuance of a building permit, the maximum annual special lax to he levied in each fiscal year commencing in fiscal year 19A8-89 for CFU Nu. 88-I vari a5 depending on the square footage of a tlwclling unit's living area from $112 per dwelling unit to $292 per dwelling unit if a building permit has been issued as of Mew 31st of an_v year. "(he maximum special tax which may he levied i( a building permit has been issued is subject to escalation each July I, axnmoncing July I, 1989, by the change factor calculated annually by the Stale Department of 1"finance for the purpose of increasing the appropriations limits of State and local J4 gave rnments. In the event that the change factor for appropriations limits are not calculated, the increase in the Consumer Price Index will be used. Street Light wd Landscape Maintenance Districts The Cily has established both street light and landscape maintenance districts, pursuant to the Landscaping and Lighting Act of 1972 which lovies annual assessments against property within the City for the purpose of maintaining the irrigation system, the perimeter landscaping, erosion control, trash pick-up and plant replacement of open spaces and parks, etc., as well as separate charges for lighting of major streets within the City and for local street lighting. '(he property within [he District will be annexed into these districts as homes are occupied and landscape improvements are installed by the Developers and accepted by the City. The City's Lighting District No. 1 covers lighting for major streets within the City, and each occupied dwelling unit in the City i.s assessed $7.50 per year, while Lighting Uist rict No. 2 pays for local area lighting, for which the assessment is $20 per year per dwelling unit. The properties in the District will be annexed into Landscape District No. 7 over a period of time. The annual charge for occupied homes in the Landscape Dist ric[ No. 7 (or the 1991/92 Fiscal Year is a flat fee of $305.43 which is collected on the 1991/92 property tax bill. 'fhe fee is dependent upon actual maintenance costs, up to the maximum amount, and is subject to review by the City each June for the following fiscal year. The combined assessment for Lighting District No. 1, Lighting District Nn. 2 and hands cape District No. 7 could be as high as $727.50 per year dwelling unit per year if the landscape maintenance assessment is levied al the maximum amount. Camb fined Special Taxea and Asaeaaeeota The City's current policy is that the total amount to he collected cn the annual property tax billing (including ad valorem taxes, special taxes and a sse~s smentsl should not exceed 1.8% of the market value of a home. The City anticipates maintaining the total amount collec led with property taxes a[ the desired level relative to market value by lerying special taxes at an amount which is less than the maximum amount authorized. The City may not be successful in maintaining the total amount levied below the desired level or the City's policy may change. The combined maximum annual special taxes and assessments authorized to be levied on developed property in the District varies based on the habitable area of a dwelling unit. The following table summarizes the total maximum annual special taxes and ass assments authorized to be levied for the overlapping districts. 35 Y a- rv L L VI r i % ~ F N M OI ~ J C N J = O I m m m C ~ W ._ V Z 4 N d V W N L D X V 4 ~ S UI- N W HI 6' N < ~ ~ p ~ U c J ~ pC W p ^ W M E . ~ rtl 4 yy,, ti 0 H l,y J Ur I"~ R OOz LL V V V ~ W 6 C~1~ ro ~. N re M J ~ Y ~ r ~ ~ i a- co ,e z H 2 - o w w t O W V VI _ H Y ~ 1 d • ~ U cl O n In m ~ `b r 0 v f O (f 1 I 0~ I/1 ~n O u'f m O c m y ~ m m N N N ~ m ro a y 0 0 0 0 y y Y Y Y M~ = O nd00~Ut a ar n ~u o In rn ~n ~ ro~ t_ovimor.n 2 p~ m N N N ~ J U N ~ i~''1 'RAGi IJS6a - 37 1079 "/?, JtW-r~~ 117, if ~ . ~yc 'RFCT X6665 'r' \ )/' / l! -\`. ••~. ~•~ .. . 1 1 131 LOTS 1 7 I°'; ~! .C.%' 'dODEL -SITES AODEI STE -F<f"6566 .:'F' - 7s LoTS ~~ j' // . PARCEL & MODELS EXHIBIT ~~ ~/G~~ir,~ ~~~~~ G~U~lfl~~`1~IN/fs p~~ TgACi 1956A '~ 145 LO 3 TS (. f d i; ( ) ~ 0 / J 7/(/ , -J SAH SEVAwE • L ` L V wASH )L iflpCT IJS65 r 1 0 8 LO T S ` {~ ~ +I~ ~j .., U li' ~ j V 7 tRAD' Id365 S ti 126 LOT9 ~~ ~I ~ l ApDEL SIiE 1 ' 1 ii I ~.I'i ~ ~ fRACi I]565 ~ . \ 'I / 79 LOTS ~ 1 ~1 \ ~ ,~ - .__ ~ ~ --- ' ? I FLOOD I - 1 I UI CONTflOL ^^ _:~__ _~ B A S ~ N 9 r'i~ i ~qfF l01 t.1YOVl iS d~fq~uAlT,~W Slflr[C1 rr)r~H~Afi( ~y ELIWANOA /SAN 9EV.11NE .u.. FIANNING APF,A ~" a°~ ;'' ~.r.. ,5 IL. THE DEYELDPfmfr AND TBE DEYFJAPFR.S Except as otherwise noted, the Developers have provided the fol lowing information. This iwformatioo has been included because it may be considered relevant to an informed evaluation and analysis of the Bonds and the District. As the development is cameleted and additional parcels are sold, it is et~ected that the omership of the load with io the Diatrict will rhangz and become more diversified. No assurance can be given that development of the property will occur, or that it will occur io a timely canner or in the cunt iguratien or intensity described hereto or that the Developers will retain omership of any of the land within the District. The Bonds and the Special Taxes are not obl igatioms of any landowners- The Bonds are scoured solely by the Special Taxes and other amounts oo deposit with the Paying Agent. Sec "SECORITIf FOR 7BE BONUS" and "SPECIAL RISK FACfQLS", herein. 7hg QEV~t3>~4t As discussed render the caption "The Developers", the developers anticipate suhdividing, developing and selling all the land within the District in accordance with the Development Agreement and/or specific plan approvals and Tentative Maps 13564 and 13566 and Final Map 13565. Development may be adversely of (cored by changes in general economic conditions, fluctuations in the real estate market and other similar factors. In addition, land development ope rations are subject to comprehensive federal, state and local regulations. There can be no assurance that land development operations within the District will not be adversely affected by future gove rnmenlal policies or voter initiatives. See "SPECIAL RISK FACTORS - Future Land Use Regulations and Growth Control Initiatives" and "SPECIAL RISK FACTORS - Land Dnvelopmen t." ?he District consists of 326.8 acres of improved and vacant raw land. The property in the f)i strict has been subdivided into three residential tract s: tentative tract Maps 13554 and 13.565 and Final Map 13565. The fi rsl map area (I en lative Tract Map 13564) is between the two Southern California Edison utility corridors and consists of IOO acres, of which 80 will be developed by Lyon Communities/Akins Associates and approximately 18 acres will be developed by Nockfield/Ca rvn Venture into a total of 182 residential lots. This area also includes open space areas and rights-of-way. The second mop area (final Map No. ]3565) consists of 159.8 acres south of the Southern California Edison utility corridor, all of which will he dcvc loped info .764 residential lots by Standard Pacific LP. The thY rd mop area IT rotative Map No. 13566) eons fists of acres south of Upper Summit Road. of which 79 residential lots will he developed by Ruckfield/Ca t:vn Venture and 75 residential ots will he developed by Century A mcri ran. There can he no assurance that the number of residential units or other land uses provided for in 'featative Tract Maps No. 13564 and 13566 will be arh ieved in final tract nr pa reel maps. See "SPF,C.IA I. RISK FACfOHS - Land Dc~~•lopment" herein. 38 Table 6 below summarizes the planned use of the property in the District. 'TABLE 6 CDI/IIMITY FACILITIES DISTRICf ND. 88-2 OF 1HE CITY OF RANOp CUCAMUiG1 LAND USE SUWARY Tract No 13564: 100 Acres ZSac.4 N9-45zS~ Averaee Lot Size Site Condilisn ~D_SI_a40t A£r3.3. I-4 145 16,000 sq. ft. lots Raw Tentative .5 _31 12,000 sq. ft. lots Raw Tentative 182 lots T raft No l~¢S: 159.8 Acres Las3 Nom. .nt;i Average Lnt Size $iteSondi tion Mao Status A~ 5,'1,10 108 12,J00 sq. ft. lots Finished Lot Final 6,7,8 ]2.5 10,000 sq. ft, lots Finished Lot Final 1,2,3,4 J~ 12,300 sq. ft. lots Finished Lot Final 364 lots Tract 'S~_]3~4k Tract Ns~_Lst~ A~Lage_~s1~i~e 1,3 75 14,300 sq. ft. Tots 0,2 ~ 15,700 sy. ft. lots 154 lots Si.S_e_~ondition Map~talu~ 9~~?s Finished Lot Tentative Finished Lot Tentative Source: 39 llttg_pcve Inners the folloa•i ng table summarizes the various interests of land in the District hy' [he Developers: TABIE 7 CUMiNITY FACILITIES DISIRICf ND. 88-2 OF TDE CITY DF RANONI (.11CA11DgGA SIIIYARY OF NAJIIIt DIINENSIP IiY1FHES7S Percent of Percent of I'_r9y~rty Owner NSabSL4f~s1~ Total ~(L5. 9sr.~.age Acrea~ Ca ryn Development C'o./ 116 56 Rockfield Development Standard Pacific 364 15q, 77 Century American 75 30.0 Lyon Communities/Akins Assoc. 145 99.1 Balance of the District Source: The following discussion presents information regarding Developers. Cgryg _Devgl~ent ~q~agy The Ca ryn Development Company, a California corporation, ("Ca ryn") is a land development firm hcadyu artc red in South laguna, California. Joseph N. Dilorio formed the company in 1975 and he holds approximately 86% of the shares in the corporation and is its president. Ca ryn has been instrumental in the development of some of the largest specific plan areas in San Bernardino County, including Victoria in the City of Rancho Cucamonga and its regional shopping center, the Rancho Cucamonga industrial Specific Flan, parts of the Foothill Community Plan, and the Village of Reritage in the City of Fontana. Caryn assemh led and planned, through the final map stage, the entire acreage in the District. It sold the major portion of the land to Century American, h7on Communities/Akins Development, and Standard Pncif ic, and intends to drvelop the remaining 56 acres into 1l6 residential units through a ,joint venture with Rockfield Development Corporation. Rpck(~e.ld Corporation Rockfield Ile vrlopment ('o rporation, a ('aliforn is corporation, ("Rnckf field") is involved in residential building and land development focusing primarily in the Inland F•.mpi re of Southern California. 40 Rockfield was established in November, 1987, by Timothy L. Unger, Pees iden[ and Chairman, who, immedia [e I}' prior to starting Rockfield, was President and (h fief Executive Officer of John I,a ing Plc's new American housing subsidiary, Juhn Laing Homes, tnc., and who developed that company from its inception to a volume of $75,000,000 in 1983. The Rockfield project in the District has heen named "Huntington" and it is planned to include 116 single family homes to be built on 56 acres in a joint venture with Ca rvn. Final maps have been recorded for 79 units, and construction of models began with home construction commencing in February. 1990. The homes will be priced in the mid $200, 000 to the low $300,000 range. Century A~erican Century American, a California corporation, ("Century American") is a diversi (ied Southern California real estate developer that produces between 300 and 400 residential for-sale housing products per year. Century American concentrates its development efforts on urban and infill parcels as well as on site within larger master-planned urban communities. Restoration of historic buildings and redevelopment sites are also part of the company's development capabilities. Century American builds attached homes and single (amity detached homes primarily for the first-time and move-up buyer. The company's residential penjecis are located in Orange, San Bernardino, San Diego, I.os Angeles, and Riverside counties. Century American has successfully completed over 2,500 homes since its beginning in 1979. Century American is also currently building Cande taro in Rancho Santa Margarita in Orange County, a project of 1J0 attached homes close to the community golf course, and Belcan to On The Lake in Menifee, Riverside ('ounty, a project of 21S single family homes. Centw'y Ame riean currently has more than 553,000 square Feet of residential property under development, and another 100,000 square feet of commercial space in progress. Vintage Valley Estates. Rancho Cucamonga, is the name of their pro,lect in the Distri cl is a development of 75 estate-sized lots. Final tract maps have heen approved, and several homes have been completed and closed in May, 1990. Century American will build in the first phase with Rockfield, Standard Pacific. 'fhe homes are priced from $280,000 to $347,000. Standard Pacific, L. P. Standard Paei (ic, L. P., a Delaware master limited pan ne rship, identifies itself as a builder of high quality, medium-to-high-priced, single-family homes targeting the "mote-up" buy'e r. The Costa Mesa, California-based homehuildcr primarily foeu sea its activity in ('al ifornia but its managing general partner is Stanpac ('o rporation, a Delaware corporation. Standard Pacific, I,. 1'. is one of the nation's largest and most successful publicly-owned homebuilding firms. Partnership with units in Standard Paci (ic, L. P. are currently' traded nn the New York Stock P.xchange. Standard Pacific, h.I'.'s six divisions, operating in California and Texas, have built mu re than 25.11011 homes over the past two decades. 41 Standard Pacific, L. P., is the builder of the Brentwood Series in the District, which will consist of 131 units called Brentwood Collection, 108 units called Brentwood Estates, 43 units called Brentwood Ilighlands and 82 unirs called Brentwood Gallery. Final tract maps have been recorded for all J64 lots, and L17 acres of the total 159 acre area will be developed. 52 homes have been sold and are occupied. Building permits have been issued Por an additional 14 homes, which should be occupied by January, 1992, It is anticipated that the remainder of the homes will be occupied in 1993. Prices of homes for the first phase of the Brentwood Collection ranged from $245.000 to $346.000. Lyoa Ca~raities/Akins Aasociates Lyon Communities /Akins Associates is a partnership of Akins Development Company and Lyon Communities. Lyons Communities is the financial partner and Akins Development Company will be constructing and marketing the homes. Akins Development Company, a California corporation, is a family-owned homebuilding firm based in Irvine, California and active in the Orange County residential marketplace since 1972. Noted (or product versatility, Ute company's portfolio includes developments at the lowest and highest code of the price spectrum. It builds both small and large scale projects, ranging fmm single custom residences to phased developments in master-planned COmmunltie5. Akins Development Company's projects have resulted in 1,650 single-family (attached and detached) homes in the cities of Orange, Irvine and the unincorporated community of Rancho Santa Margarita in Orange County, the most recent prior development being Igo single-(amity detached homes, ranging from 1,130 to 1,560 square feet, in Rancho Santa Margarita, which opened sales in May, 1986. Tentative tract maps have been approved for 145 dwelling units on S2 acres of net developable land in the District. Land Development The Develnpe ns anticipate suhdi vi ding, developing, and selling all the land within the District. Development may he adversely affected by changes in general economic conditions, fluctuations in the real estate market and other similar factors. In addition. land development or home building operations are suh,ject to comprehensive federal, State and local regulations. There can be no assurance that land development or home building operations within the hill rice will not he adversely affected by Ilrlu re governmental policies that have ,jurisdi ctian in the area. ISee "SPECIAL RISK FACTORS - C'oncenl ration of Ownership - Failure to Develop Properties".) 42 C0NCI11DINC INFfIfs1ATIBN Underwr tt_i9g The Bonds are being purchased through negotiation by Stene & Youngberg (the "Underwriter"). The Underwriter has agreed to purchase the Bonds at an aggregate purchase price of $ (representing an underwriting discount of $__,._ _ _ and an original issue discount of $ ___) plus accrued interest. The purchase contract for the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased, the obligation to make such purchase being subject to certain terms and conditions set forth in such bond purchase contract, the approval of certain legal matters by counsel and certain other conditions. The Underwriter may offer and sell [he Bonds to certain dealers and others at prices lower than the public offering prices set forth on the cover page hereof. "the offering prices may he changed from time to time by the Underwriter. Lceal Ontnion The legal opinion of Brown, Harper, Burns & Bents chke, San Diego, California, approving the validity of the Bonds, in substantially the (orm set forth as Apl'FNDIX F here lo, will be made available to purchasers a[ the lime n( original delive rv. A rnpy of the legal opinion will he printed on the back of each definitive bond. Bond Counsel undertakes no responsibility for the accuracy, completeness or fairness of this Official Statement. Certain legal matters will he passed upon for the District and the City by Markman. A rcvvnski, Ila nsond k King, Brea, California. 1~x~F cs~Rt_ipn In the opinion of Brown, Harper, Burns & Hentschke, Bond Counset, based on existing laws, regulations, rulings and court decisions, and assuming, among other matters, compliance with certain covenants and Indentures, interest on the Bonds is excluded from gross income for federal income tax purposes and is exempt from State of California personal income taxes. The initial public offering price of the Bonds maturing on September 1, 2016 is less than the amounts payable on such Bonds at maturity. In the opinion of Bond Counsel, under the Cale, assuming compliance with certain covenants and Indentures, the difference between the principal amount of any Band maluri ng on September 1. 2016 and the initial of (e ring price to the public (excluding bond houses, brokers, and other in [e rmediaries) at which such Bond was sold constitutes "original issue discount" on such Bond for purposes of federal income taxes and State n( California personal income taxes. Such discount is lrexted as interest and is excluded from the Rmss income of such Owner for federal incomr lax purposes and is exempt from State of ('ali (ornia prrs onal income taxes to the same ext cot as is interest with respect to the Bonds. ns desrrihed above. The Code further provides that such interest accrues on an actuarial basis li.e., on the basis of a geometric progre ssinn over the term of such Bond), and Ihaf an thvner'S ed,iusled basis for porpos es of Bete rmining :m Owner's gain or loss on disposition of such Bond will he increased by the amount of such accrued interest. 43 The Internal Revenue Code of 198ti, as amended (the "Code") imposes various restrictions, condif ions, and reyui rements relating to the exclusion from gross income for federal income tax purposes of interest on obligations such as the Donds. The District has covenanted to comply with certain restrictions designed to assure that interest on the Bonds will sot he included in federal gross income. Failure to comply with these covenants may result in the interest on the Bonds heing in. laded in federal gross income, possibly from the date of issuance of the Bonds. The opinion of Bond Counsel assumes compliance with these covenants. bond Counsel has not undertaken to determine for to inform any person) whether any actions taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds may affect Ute tax status of the interest on the Bonds. Bond Counsel is further of the opinion that interest nn the Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes. Roweva r, Bond Counsel observes that interest on the Bonds is included in ad lusted current earnings in calculating corporate alternative minimum taxable income. fe m sin requirements and procedures contained or referred to in the Indenture and other relevant documents may be changed, and certain actions may he taken, under the circumstances and subject to the terms and conditions set forth in such documents, upon the advice or with the approving opinion oC nationally recognized bond counsel. Brown, lla rpe r, Burns & Hentschke expresses no opinion as to any Bond or the interest thereon iE any such change occurs or action is taken or omitted upon the advice or approval of bonJ counsel other than Brown, Ila rpe r, Burns & Nen tschke. Although bond (bunsel has rendered an opininn that the interest on the Bonds is excluded from federal gross income, [he Dane rsh3p or disposition oL or the aeo oral or receipt of such interest on, the bonds may otherwise affect an Oaner's tax Iiabil ity. The nature and extent of these other tax consequences will depend upon each Bwner's particular tax status and the Bwner's other items oP income or deduction. Bond Counsel expresses no opinion rega rrti ng any such other tax consequences. N4~9B The bonds arc not rated. No application has been made or is anticipal ed to be made to anp rating agency for the assignment of a municipal bond credit ratinK on the Bonds. NQ Lilg~.top Nn litigation is pending or threatened concerning the validity of the bonds and a Berl lficate of the District to that of fact will be furnished to tha Ilncte rwrilrr at tha time of the original daliva ry of the Bonds. The Ulstrict is not awn ra of aqv litigation pending or th realer ed which questions the existrnce of Iha Disl riot or cool csls the authority of the District to levy and c~llacl Ilte Special Taxes or which contests the District's authority to `issue and pay principal of and interest on the Donds. ' 44 bi see 1 lanews All of the summaries of [he Indenture, other applicable legislation, Indentures and other documents are made subject to the provisions of such documents and do not purport to be complete statements of any or all of such provisions. Reference is hereby made to such documents on file with the I'ay ing Agent for further information in connection therewith. This Official Statement does not constitute a contract with the purchasers of the Roods. Any statements made in this Official Statement involving matters of opinion or of estimates, whether or not so expressly stated, are set forth as such and nut as representations of fact, and no representation is made that anv of the estimates will he realized. The Cily Council, as the legislative body of Community Facilities District No. 88-2 of the City of Rancho Cucamonga, State of California, has duly authorized the Mayor of the Ci[y to execute and deliver this Official Statement on behalf of the District. COMMU^IITY FACILIT IFS DISTR t(T N0. 88-2 OF THE C1TY OF RANCHO CUCAMONOA DY LiL-----'------- --- IMaynrl on behalf of Community Facilities District No. 38-2 of the City of Rancho Cucamonga 45 APPI•NDIX A SIIPPIDIFNfAL INFOItl1ATI0N ON TOE CITY OF RANCOO C1ICAINMiCA S~eos_raS The City of Rancho Cucamonga is located in the foothills of the Los Angeles-San Bernardino Basin in the western portion of San Bernardino County, app rnximately 4l1 miles east of the City u( Los Angeles and 18 miles west of the City of San Bernardino. The City covers approximately 34.3 square miles and is bordered by Ontario on the south, Upland on the west, and Fontana on the east: to Ute north are Cucamonga Peak and Mount Baldy. The Citv of Rancho Cucamonga was incorporated November 3U, 1977 as a general law city. It is governed by afive-member City Council which includes a Mayor who is elected at large for a two year term, and fow~ Council Members who are elected at large for staggered four year terms. The City Council appoints the ('i ty Manager and City Attorney. The City Manager is responsible far the daily administration of City of (airs and for implementing Council policy and program decisions. I?y~l_a_t~vn Prior to incorporation, the area generally within the corporate boundaries experienced a rapid growth in population. De tween 1970 and 1980 the population grew approximately 250%, for an annualized rate of nearly 25% per year. Since 1985, the City's population has increased at an average annual rate of app roximatc ly 10%. 'fhe following table provides an eight year summary of population growth in the City, County and State. TABLE A-l POPIILATIUN ESfIWTES San Bernardino Year Raticl(o C~~ngnga .- Ca>I_rt~y~__. $1;l.LF 148(1 55.250 895,016 23,668,14$ 1985 65, 5(10 1,056,900 25,857,800 19N6 77.8011 1,110.500 26,637,11011 1981 80.40(1 1,167,200 27,292,3011 1988 94,614 1,240,200 27,996,011(1 1989 104.700 ],724,600 28,662,0110 1990' 98.4(10 1,418,380 29,760,021 1991* (est.) 104,9(10 1,471,300 30,751,000 1990-1991 figures were based on the most recent revised Census data. 1985-1989 figures arc estimates projected from the 1980 ('ens us by the City. Source: State Department of Finance. A-I Rancho Cucamonga is primarily a residential community. 57% of the City is zoned residential, 6% is zoned commercial, 23% is zoned industrial, 2.5% is zoned for public facilities, 6% is zoned for flood control, 2% (or transportation and 1.5% for open space. The following tab lc sets forth the recent history of taxable sales in both the City and County. TABIE A-2 CITY AND COIMFY TARABLE SAYS SAN BERN ARDINO COUNTY CITY OF R ANCN~CILC~M9I9.Gg_, Taxable Taxable No. of Transactions No. of Transactions PECmiS.s 1000 Dotlarsi Ce.[miS.s .f9Q4_P911a[s1 1990 36,849 $11,269,631 2,225 5476,610 1989 35,042 10,662,647 2,051 417,064 1988 33,779 9,537,717 1,866 361,564 1987 33,109 8,652,343 ],727 321,290 1986 32,103 7,561,353 1.589 296,097 1985 30,694 6,947,637 1,490 253,213 1984 29.977 6,026,467 1,339 216,695 1983 29,398 5,230,522 1,230 189,350 Source: California State Board of Equalization FAAa~as92 Located in the western portion of San Bernardino County, Rancho Cucamonga residents benefit from a wide geographical area of employment opportunities in Lus Angeles and Orange Counties, as well as local employment opportunities. Many residents commute to places of employment in both Los Angeles and Orange Counties. The Ci ly is located within the Riverside-San Bernardino-Ontario Slanda rd Melropol itan Statistical Area, which comprises all of San Bernardino and Riverside Counties. The table on the following page presents a five-year summary of employment by economic sector. A-2 TABLE A-3 RIVERSIDE~AII BERNARDI NO-ONTARIO I~IROFOLITAN AREA ESfIRA1FD MiBFIt OF 11A4E AND SALARY 8018iFR.S 8Y INDUSTRY ANNUAL AVERA4E 1985- 198A (im thwsamis) 12$fi 1987 19?3$ 1989 1.4411 Total All Industries 584,600 623,100 659,000 709,100 761,600 Total Agricul hn~e 22,600 22,200 22,600 20,900 21,700 Total Nonagricultu re 561,600 600,900 636,400 688,100 739,900 Mining 1,300 1,3(10 1,400 1,400 1,4110 Construction 43,900 49,7(1(1 55,700 65,300 67,500 Manufacturing 74,500 80,100 84,800 88,200 89,800 Wholesale A Retail Trade 141,200 151,400 158,200 170,500 ]84,200 Fin., Ins. & Real Estate 2q,000 26,100 27,300 29,800 32,600 Services 130,700 141,200 149,000 162,000 179,500 Government (I) 116,000 120,30(1 128,600 137,800 149,800 (I) Includes all civilian employees of federal, state and local government and state and local schools. Source: Slate Employment Development Department. The following table sets forth a five year history of employment, unemployment, and the unemployment rate since 1979. TABLE A-4 RIVERSIDE-SAN BERNARDINO-ONTARIO 1~7ROFOLITAN AREA CIVILIAN LABIR FORCE, EMPIAYYD~II AND IRVDIPIAAYIQNT Labor Unemployment YsaL._-, --- F_o rce_-_-- F,Lnplovment _Unemolovmepl_. Rate _- 1990 1,071,600 1,013,200 70, 60C 6.6% 1989 1,023,600 965,200 58,400 5.7 19AA 956,605 884.700 5.5,200 5.8 1987 895,11)0 A44,200 50,900 5.7 1986 851.600 797,000 54,600 6.4 1985 797, 1t1U 740,300 56,800 7.1 19A4 745,4110 686,600 58,800 7.9 Source: St me of Califurn ia, Employment Development Department A-3 'There are over 300 manufacturing plants in the community area, with approximately 1(1O located within the City of Rancho Cucamonga according to the City's Chamber of Commerce. As of November 1991, the largest manufacturing firms in the City were: TABLE A-5 MAMIFACIUR-NC FIR16 (Over I00 Fiyloyeem) t~am_~cLC!xmpany Employees Prodret General Dynamics Ameron Steel & Wire Prito-Lay TAMCO West Coast Liquidators Amcast Coca Cola Bol ling Avery International Klondike Pacific Bercor, Inc. Tokai of America Schlosser Forge Commercial Carrier Corp. General Marble Halstead Enterprises Hartwell Corporation Ilemet Steel Sunoco Graham Over 3,000 Tactical weaponry 251-SOU Rebar, coil mesh 251-500 Snack foods 251-500 Steel and wire products 251-500 Retail 101-250 Steel Investment Foundry 101-250 Beverage bottling 101-250 Business labels 101-250 Ice cream products 101-?50 Distribute Electrical Equip. 101-250 Lighters 101-250 Airplane parts 101-250 Transport Autos 101-250 Synthetic Marble Sinks 101-250 Nails & Steel lO1-250 Aerospace Latches 101-250 Steel Casting 51-100 Plastic Containers Source: City of Rancho Cucamonga Chamber of Commerce. S~ss~u~t a~ The following table shows construction activity in the City for the past (i ve years. A-4 TABIE A-6 CITY OF RANCBO ^1fi1MONCA BUIIDING PkIM1T VALUATION (In Thousands of Dollars) Res.i~ential 12.84 9$Z 1988 New single-family $186,128 New multi-family 84,001 Additions, alterations ~ $~ Total Residential $27 .974 Non-Rg.s.i IS e.ti{ ia_{ New commercial $ 21,951 New industrial 24,155 Other 16,355 Additions, alterations ~..~17 Total Non-residential S~$.ZZZ Total Valuation ,344.751 Number of New Dwelling Units Single-family dwelling 2,421 Multi-family dwelling 2,324 To[al Units 4.745 Source: City of Rancho Cucamonga $162,039 31.556 5 857 fly?, 452 $ 26.038 49,298 8,531 --4.2Li ~9SL.Q$-4 $289,536 $206,719 45,368 10.120 $262 207 $ 28,292 28,441 7,855 _~5, 4J1 _84~~45 5342.472 1989 $197,384 43,199 11 840 ?~J 42} $ 33,839 32,542 13,744 $89 z1I ,$3 1.700 1,961 2,071 1,656 733 801 1,007 2.744 2.878 2.663 1990 $ 86,433 20,065 10 397 116.894 $ 29, 15,5 6,182 8.262 -13114 ~ 724 5172.623 542 355 $91 F,amomic Science Corporation, 1986-1990 P3dtJ~.s~LU'_liti~s aad Services Police protection is contracted from the San Bernardino County Sherif ('s Department. A Sherif ('s substation is located within the City limits. Fire protection and rescue service are provided by the Rancho Cucamonga fire Protection District, which covers an area of approximately 53 square miles. Southern California F;dison Company furnishes electricity and Southern ('alifornia Gas Company furnishes natural gas to the City. Indus; ri;;l waste and sewer services are provided by the Chino Basin Municipal Wai rr Uist riot and water is furnished to the ('i ty by the Cucamonga County Water Dis U'i ct. Telephone service is provided by General Telephone Company. A-5 The City provides four parks and two community centers for residents. L tb ra rv services are provided by the San Bernardino County Library System al a branch library located in the City. ~Faf~ Six school districts serve the residents of the Ci[y providing local educational opportunities from kindergarten through junior college. Major colleges and universities are located within commuting distance to the City providing residents with both public and private educational opportunities in must of the major professions. Trauamrtat j~Q Major highways and railroads traverse the City. Ontario International Airport is located adjacent to the City's southern boundary. Several truck terminals are located nearby. Twn interstate hi~ways traverse the area. Interstate ]0 is located south of the ('i ty's bmmda ry and runs east and west. Interstate 15 in the eastern section of the City runs north and south; thus, the City is linked by interstate highways to all areas of the Slate and to other states to the east. Three transcontinental railroads provide freight service to the City: Union Pacific Railroad, Southern Pacific Railroad, and the Atchison, Topeka and Santa Fe Railroad. Amtrak provides passenger service to the City. Airline service from Ontario International Airport is provided to approximately 50 cities in the United States. The airport has the capacity to serve wide-bodied jet airplanes and also has expansion capacity. Los Angeles International Airport is located approximately 40 miles to the west of the City. The Purl of Los Angeles, located approximately 45 miles to the southwest, provides major international cargo and passenger service. Greyhound provides tran scontinen tat bus service. The Southern California Rapid Transit Dis lrict and Omnitrans furnish inle rcoun ty and local bus service. A-G ~aLai~ u $ C.^..'~IMUNITY FACiLIT2E5 DISTRICT. :iC. 38-2 OF THE CITY CF RANCHO CUCA,'~70NGA (SARI BERNARDINO COUNTY) SPECIAL TAX BONDS BOND PURCHASE AGREEMENT December 1991 :?ono table Mayor and Members of tY,e City Council of the City of Rancho Cucamonga, as the Legislative Body of Coce¢nunity Facilities District No. 88-2 (San Bernardino County) City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Ladies and Gentlemen: The undersigned, Stone ~ Youngberg, as underwriter (the "Underwriter"), offers to enter into this Bond Purchase Agreement with Community Facilities District No. 88-2 of the City of Rancho Cucamonga (the "District") which, upon acceptance, will be binding upon the District and upon the Underwriter. This offer is :fade subject to the DistricC's acceptance hereof on the date hereof, and if not so accepted will be subject to withdrawal by the Underwriter upon notice delivered to the District at any time prior to the acceptance hereof by the District. (a) Subject to the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the District, and the District hereby agrees to sell to the Under- writer, all (but not less Chan all) of the Community Facilities District No. 88-2 of the City of Rancho Cucamonga (San Bernardino County) Special Tax Bonds (the "Bonds"), dated as of December 1, 1591 in the aggregate principal amount of $ bearing interest (payable commencing September 1, 1992, and semiannually thereafter on March 1 and September 1 in each year) at the rates of interest, and maturing on the dates, and in the amounts, as set forth in Exhibit A attached hereto and incorporated herein by this reference. The net purchase price for the Bonds shall be S representing the principal amount of $ less underwriter's discount of $ plus accrued interest, it any, from December 1, 1991 to the Closing Date (as hereinafter delined~. ~RR82 n0 ib) The Preliminary Official Statement, dated December 17, 1991, relating to the Bonds, together with the rover page and all appendices thereto, is herein called the "Preliminary Official Statement." The District considers the Prelimi-^.arv Official Statement to be "near final" within the meanira o' _ Rule ?SC2-12 and hereby ratifies the use by the Underwriter cf t..._ Preliminary Official Statement and authorizes the Underwriter tc use and distribute the Preliminary Official Statement, the Official Statement, the Resolutions (as hereinafter defined), [he Bo rd Indenture ([he "Indenture"), by City of Rancho Cucamonga on behalf of the District appointing Bank of America National ;rust and Savings Association as Paying Agent (the "Paying Agent"), and t.._ other documents or contracts to which the District is a party including this Bond Purchase Agreement, and all informatics Contained therein, and all other documents, certificates and statements furnished by the District to the Underwriter in correc- tion with the transactions contemplated by this Bond Purchase Agreement, in connection with the offer and sale of the Bands by the Underwriter. The term "Official Statement" shall mean the Preliminary Official Statement, as modified with the prior approval of the Underwriter, the Mayor of the City of Rancho Cucamonga ;the "City") in its capacity as the legislative body of the District, Brown, Harper, Burns & Hentschke (the "Bond Counsel") and the City Attorney, for use by the Underwriter incident to the sale of the Bonds. The District shall deliver or cause to be delivered to the Underwriter promptly Ibut in no event later than seven business days) after the District's acceptance hereof copies of Che Official Statement with only such changes as shall have been approved by Bond Counsel and the City Attorney, signed on behalf of t!:e D istrice by the Mayor, City Manager or of [he City is its capacity ae Che legislative body of the District, The Bonds shall be as described in the Official Statement and the Indenture and shall be issued and secured pursuant to the Mello-Roos Cortvnunity Facilities Act of 1982, as amended, constituting Sections 53311 et seq. of the California Government Code (the "Act") and under the provisions of a resolu- tion (the ^BOnd Resolution") adopted by the CiCy Council of the City (the "City Council") on December 1991, authorizing the issuance of [he Bonds and the execution and delivery of the Inden- ture. The Bonds and interest thereon will be payable from a special tax ([he "Special Tax") levied and collected in accordance with Resolution No. 88-263 adopted by the City Council on June 21, 1389, authorizing the imposition of the Special Tax (the "Resolu- tion of Formation") and Resolution No. 89-185 adopted by the City Council on April 19, 1989 (the "Resolution of Intention"). The Bond Resolution, the Indenture, the Resolution of Formation and the Resolution of Intention and the other resolutions of the City and other documents adopted and/or prepared in connection therewith, are collectively referred to herein as the "Resolutions." Proceeds of the sale of the Bonds will be used by the District, established by the City pursuant to the Act and the Resolution of Formation, in accordance with the Resolutions, to acquire the facilities described in the Resolutions and in the Official Statement. =aezna -2 - (c) At 8:00 a.m., California time, on 1991, or at such other time or date as shall be agreed ucon by t Underwriter and the District (such time and date being referred to as the "Closing Date"), the District will deiiver~to the Underwriter, at a location or locations to be designated by t ;:rderwriter, the Bonds in definitive form (all Bonds being printe3 or lithographed on steel-engraved borders and having Y,ad the CUS I2 numl~e rs assigned to them printed thereon), duly executed by the officers of the District as provided in the Bond Resolution and the Indenture and with the facsimile seal of the District orinted thereon, and the other documents herein mentioned; and the-Under- writer will accept such delivery and pay the purchase price of t Bonds as set forth in paragraph (a) of this section in immediately available funds (such delivery and payment being herein referred to as the "Closing"). The Bonds shall be made available to the Under- writer, or its designee, not later than two business days before the Closing Date for purposes of inspection and packaging. :he Bonds shall be in fully registered fozm, with the registered owners as designated by the Underwriter at least five (5) days before the Closing Date. 2. ~presenr rion Warran i and Aa r f th District. The District hereby represents and warrants to and agrees with the Underwriter that: (a) The District is duly organized and validly existing as a community facil itie9 district under the laws of the State of California; (b) The District has, and at the Closing Date will have, full legal right, power and authority (i) to execute, deliver and perform its obligations under this Bond Purchase Agreement and the indenture and to carry out all [ransactiona contemplated hereby and thereby; (ii) to adopt the Resolutions and enter into the other authorizing documents; (iii) to issue, sell and deliver the Bonds to the Underwriter puravant to the Resolutions, as provided herein; and (iv) to carry out, give effect to and consummate the transac- tions contemplated by Che Resolutions, the Indenture, the Official Statement, this Bond Purchase Agreement and any other applicable agreements; (c) The District will at the Closing Date be in compliance, in all respects, with the Resolutions, the Indenture, the Act and this Bond Purchase Agreement; (d) The City Council has duly and validly adopted the Resolutions and has duly authorized and approved the delivery and use of the Preliminary Official Statement and the execution, delivery and use of the Official Statement, the execution and delivery of the Bonds, the Indenture, this Bond Purchase Agreement and any other applicable agreements and the performance by the District of its obligations contained therein, and the taki rg c`. any and all action as may 6e necessary to carry out, give effect to and consummate the transactions contemplated by each of said docu- .+eaz'no - 3 - ments, including, without limitation, the levy and collection of the Special Tax, and at the Closing Date, the Resolutiors, c;:is Bond Purchase Agreement, the indenture and ary other applicable agreements (assuming due autriorization, execution and delivery by the other parties thereto, where necessary) will constiart=_ the valid, legal and binding obligations of the District, enforceable in accordance with their respective terms, subj ecC to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the anf orcement of creditors' rights in general and to the application of equitable principles if equitable remedies are sought; (e) The Special Tax constitutes a valid and binding lien on the properties subject thereto within the District; (f) The District is not in breach of or in default under any applicable law oz administrative rules or regulation of the State of California or the United States of America, or of any department, divia ion, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the District is ~a party or is otherwise subject or bound, a consequence of which could 6e to materially and adversely affect the performance of the District under the Bonds, the Resolutions, this Bond Purchase Agreement, the Indenture or any other applicable agreements; (g) The adoption of the Resolutions, and the execu- tion and delivery of the Bonds, or any other applicable agreements and the other instruments contemplated by any of such documents to which the District is a party, and compliance with the provisions thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regula- tion of Che State of California or the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative 3ecree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the District is a party or is otherwise subject or bound; (h) All approvals, consents, authorizations, elec- tions and orders of or filing or registrations with any govern- mental authority, board, agency or commission having jurisdiction wriich would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the District of its obligations hereunder, or under the Resolutions, the 0onds or any ocher applicable agreements, have been obtained and are in full force anfl effect; (i) The Bonds, the Resolutions, the Indenture and ocher applicable agreements conform as to form and tenor to the descriptions thereof contained in the official Statement, and will conform as to form and tenor to the descriptions thereof which will be contained in the Official Statement as of the Closing Date, and when delivered to and paid for by the Underwriter on the Closing RA 87730 - 4 - Date as provided herein, the Bonds will be validly issued and outstanding and entitled to all the benefits of the Bond aesor.~- tion, the Indenture and the security of the Special Tax; ij) The information contained in trie Officio: Statement is as of the date hereof, and will be as of the Cl osiag Hate and as of the date of any supplement or amendment thereto pursuant to paragraph (1) below, true, correct and complete in aii material respects and does not, as of the date hereof, and will not, as of the Closing Date or as of the dace of any supplement or amendment thereto pursuant to paragraph (1) below, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, ir. light of the circumstances under which they were made, not misleading; (k) ;f between the date of this Bond Purchase Agreement and the Closing Date an event occurs, of which [he District has knowledge, which might or would cause the information relating to the District or the City, their functions, duties and responsibilities contained in the Official Statement, as Cher. supplemented or amended, to contain an untrue statement of a material fact or to omit to state a material fact required to be stated therein or necessary to make such information therein, in light of the circumstances under which it was presented, not misleading, or if the District otherwise is requested to amend, supplement or otherwise change the Official Statement, the District will notify the Underwriter, and if in the opinion of the Under- writer such event requires the preparation and publication of a supplement or amendment to the Official Statement, the District will amend or supplement the Official Statement in a form and in a manner approved by the Underwriter and all expenses thereby incurred will be paid by the District; (1) For a period of ninety (90) days from the Closing Date or until such time (if later) as twenty-five (2$) days after the dace [he Dnderwriter shall no longer hold any of the Bonds for sale, if any event shall occur of whlch the District is aware, as a result of which 1t may be necessary to supplement the Official Statement in order to make the statements contained in Che Official Statement, in light of the circumstances existing at such time, not misleading, the District shall forthwith notify the Underwriter of any such event of which it has knowledge and shall cooperate fully in furnishing any information available to i[ for any supplement to the Official Statement necessary, in the Under- writer's opinion, so that [he statements Che rein as so supplemented will not be misleading in light of the circumstances existing at such time; (m) There is no action, suit, proceeding or inves- tigation hefore or by any court, public board or body pending or, to the knowledge of the District, threatened, wherein an unfavor- able decision, ruling or finding would: (i) affect the creation, organization, existence or powers of the City or the District or ,A 992 X70 - $ - the Cities of their officers to their respective offices; (ii) enjoin or restrain the issuance, sale or delivery of t- Bonds, the application of the proceeds thereof in accordance with the Resolutions and the Indenture, the levy ar-d collection, is whole or in part, of the Special Tax, or the pledge tF.ereof, or the application of the payments thereof, to the payment of the Bonds; (iii) in any way question or affect any of the rights, Dowers, duties or obligations of the City or the District with respect to the moneys used or to be used to pay the principal of, premium, if any, or interest on the Bonds; (iv) in any way question or affect any authority for the issuance of the Bonds, or the validity or enforceability of the Bonds, Che Special Tax, the Indenture or the Resolutions; (v) in any way question the power or ability of the City or the District to perform their respective obligations under this Hond Purchase Agreement or the transactions contemplated by this Bond Purchase Agreement, the Official Statement, the documents referred to in the Official Statement, or any other agreement or instrument to which the City or the District is a party relating to the Bonds; (vi)) in any way contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement; or (vii) adversely affect the exclusion from gross income. df interest paid on the Bonds for purposes of federal income taxation or California personal income Caxation, nor to the knowledge of the District is there any basis therefor; (n) The District will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter as Che Underwriter may reasonably request in order for the Underwriter to qualify the Bonds for of £er and sale under the "blue sky" or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate; provided, however, the District shall not be required to register as a dealer or a broker of securities or consent to the jurisdiction of any state of the United States, other than the State of California; (o) Any certificate signed by any official of the District authorized to do so shall be deemed a representation and warranty by the District to the Underwriter as to the statements made therein; (p) Bank of America National Trust and Savings Association has been authorized by the District to undertake the duties of paying agent, registrar and transfer agent (the "Paying Agent") in accordance with the Bond Resolution and the Indenture and has covenanted to abide by and perform all terms, conditions, covenants and tasks with respect to the duties of the Paying Agent; Iq) The District has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the District is a bond issuer whose arbitrage certifications may not be relied upon; ~xaezno - 6 - (r) The Soecial Tax supporting the Bonds when levied and collected by the District in accordance with the to r•.*.s of the Special Tax formula, assuming normal and reasonable del'a- quency rates, will provide a yearly cash flow at leas[ suff iciert to make timely payment of principal and interest on the aonds; (si The District considers the Preliminary Official Statemene to be "near final" within the meaning of SEC Rule i5c2-12, shall cooperate with the Underwriter in the "due dili- gence" proceedings necessary to transform the Preliminary Official Statement into the Official Statement (in final form), and will deliver the Official Statement (in final form) to the Underwriter within seven (7) business days of the District's acceptance hereof; (t) The District shall not issue an additional series of bonds on a parity with the Bonds, nor shall the District issue any indebtedness payable from the proceeds of the Special Tax except as provided in the indenture; (u) The District shall apply the proceeds of the Gonda, including the investment thereof, in accordance with the Indenture and the Resolutions and as described in the Official Statement; (v) The District has full authority to levy the Special Tax against property within the District in accordance with the formula summarized in Appendix C to the Official Statement in order to provide a yearly cash flow at leas[ sufficient to make timely payment of principal and interest on the Gonda. 3. Conditions o h 061iaa ions o h nd rw r. The obligations of the Underwriter to accept delivery of and pay for the sonde on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the represenracions and warranties on the part of the District con- tained Herein, as of the date hereof and as of the Closing Date, to the accuracy in all material respects of the statements of the o'_f leers and other officials of the District and other persona and entities made in any certificates or other documents furnished pur- suant to the provisions hereof, to the performance by the District of its obligations to 6e performed hereunder at or prior to the Closing Date and to the following additional conditions: (a) At the Closing Date, the Resolutions and any other applicable agreements shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the Bonds and with the tranaactiona contemplated thereby and by this Bond Purchase Agreement, all such actions as, in the opinion of Best, Best ~ Krieger, Counsel to the Underwriter, and Bord Coun- sel, shall be necessary and appropriate; :PR82 n0 - ~ - (b) At the Closing Date, the Official Statement shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwrite r; (c) Between the date hereof an3 the Closing Date, the :Harker price or marketability of the Bonds at the initial offering prices set forth in the Official Statement shall not have been materially adversely affected, in the judgment of the Under- writer (evidenced by a written notice to the District terminating the obligation of the Underwriter to accept delivery of and pay for the Bonds), by reason of any of the following: (1) Legislation enacted (or resolution passed) by the Congress of the United States of America or recommended to the Congress by the President of the United States, the Department of the Treasury, the Internal Revenue Service, or any member of Congress, or favorably reported for passage Co either House of Congress by any cocrmiittee of such Hovae to which such legislation had been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department or the Internal Revenue Service of the United States of America, with the purpose or effect, directly or indirectly, of causing interest on the Bonds to be included in gross income for purposes of federal income taxa- tion; (2) Legislation enacted (or resolution passed) by the Congress of the United States of America, or an order, decree or injunction issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary oz proposed), press release or other form of notice issued or made by or on behalf of the Securities and Exchange Coimnisaion, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, including any or all underlying arrangements, are not exempt from registration under, or other requirements of, the Securities Act of 1933, as amended, or that the Indenture is not exempt from qualifi- cation under, or other requirements of, the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obliga- tions of the general character of the Bonds, or of the Bonds, including any or all underwriting arrangements, as contemplated hereby or by the Official Statement or otherwise, is or would be in violation of the federal securities laws as amended and then in effect; (3) Any amendment to the federal or California Constitution or action by any federal or California court, legisla- tive body, regulatory body or other authority materially adversely affecting the tax status of the District, its property, income or securities (or interest thereon), the validity or enforceability of the Special Tax or the ability of the District Co issue the Bonds :cnezno - g _ as contemplated by the Bond Resolution, the indenture and the Offi- cial Statement; (4) Any event occurring, or information becom- ing known which, in the judgment of the Underwriter, makes urt rue in any material respect any statement or information contained ir. the Preliminary Official Statement or the Official Statement or results in the Preliminary Official Statement or the Official Statement containing any untnse statement of a material fact or omitting to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; to its reasonable satis)fa tion that all real property ltaxesoduerand owing against the property within the District owned by the parties to the Funding and Construction Agreement have been collected prior to any date as to which such taxes become delinquent; major military hostilitieshby dthe aUnited St tea or theg occurrence of any other national emergency or calamity relating to the effec- tive operation of the government of or the financial community in the United States, which, in the judgment of the Underwriter, would have a material and adverse effect on the marks[ price or market- ability, at the initial offering prices set forth in the Official Statement, of the Bonds; (7) The declaration of a general banking moratorium by federal, New York or California authorities, er the general suspension of trading on any national securities exchange; (8) The imposition by the New York Stack c^xchange or other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the Bonds or obligations of the general character of the Bonds or securities generally, or the material increase of any such restrictions now in force, including those relating to [he exten- sion of credit by, or the charge to the net capital requirements of, underwriters; (9) Any adverse event occurs with respect to the affairs of the City, the District or the Paying Agent which, in the judgment of the Underwriter, would have a material and adverse effect on the market price or marketability, at the initial offer- ing prices set forth in the Official Statement, of the Bonds; (d) [At the time of the Closing, a final judgment shall have been entered in the Superior Court of the State of California for the County of San Bernardino with respect to and confirming the validity of the matters deec ribed in the Official Statement under the caption "The Con¢nunity Facilities District - ,7udicial Validation^ and no appeal therefrom shad have been filed, nor shall any motion to set aside such judgment have been filed; ;aaeina -9- (__) ) On or prior to t.*.e Closing Date, t. e urd=_r- writer shall have received counterpart originals or cer ifi=_d conies of the followi rg documents, in each case satisfactcry .a form and substance to the Underwriter; (1) Cne counterpart original or copy certif ie3 by a 3uiy authorized officer of the City of a ccmplete transcrint of all nroceedinas, resolutions, notices and certificates of =t:e City relating to the formation and establishment of the District, the approval of the Special Tax and the autY,ozization, issuance, sale and delivery of the Bonds, together with a certificate dated as of the Closing Date of a duly authorized officer of the City to the effect that each resolution is a true, correct and complete copy of the one duly adopted by the City Council and that none have been amended, modified or rescinded since its adoption (except as reflected in said transcript or as may have been agreed to in writ- ing by the Underwriter) and is in full force and effect as of the Closing Date; (2) An approving opinion of Bond Counsel, dated the Closing Date and addressed to the District, ~in form and substance satisfactory to the Underwriter and its counsel, to the effece that (i) the Bonds will be, upon their sale and delivery, legal, valid and binding obligations of the District payable from the proceeds o£ the Special Tax; and (ii) interest on the Bonds is excluded from gross income for federal income tax purposes, is not a specific preference ieem for purposes of the federal individual or corporate alternative minimum taxes and is exempt from State of California personal income taxes, together with a letter of such counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion addressed to the District may be relied upon by the Underwriter to the same extent as if such opin- ion were addressed to it; (3) A supplemental opinion of Hond Counsel, dated the Closing Date and addressed to the District and the Under- writer, in form and substance satisfactory to the Underwriter and its counsel, to the effect that (i) the City is a general law city and a municipal corporation duly organized and validly existing under the Constitution and laws of the State of California, (ii) the District is duly organized and validly existing as a community facilities district under the laws of the State of California; (iii) at an election duly held on June 27, 19H9, the qualified electors within the boundaries o£ the District authorized the issuance of not to exceed $4,000,000 principal amount o°. special tax bonds, and approved the rate and method of apportion- ;rent of a special tax to pay the principal and interest on the bonds issued; (iv) the District has full legal right, power and authority to issue the Bonds and to enter into and perform its obligations under the Bonds, the Indenture and the Resolutions; (v) the City Council has duly and validly adopted the Resolutions, and the Resolutions and the Indenture are now in full farce and effect; (vi) the Resolutions and the Indenture constitute the legal, valid and binding obligations of the City Council and t:^= ;egamo - 10 - ^istzict, =_nforceable against the City Courc ii and t.".e ~istric- accordance with their terms, subject to bankruptcy, insoiver:cy,~ reorganization, moratorium and other laws affecting the erf crc=me.^.. of creditors' rights in general and to the application of equitable on rc iples if equitable remedies are sought; (viii the City Council as full authority to levy the Special Tax against property within the District in accordance with the formula swmmarized in Apoer.- dix C to the Official Statement; (viii) the Special Tax is a valid and legally binding special tax and is not an ad valorem tax under t Y.e provisions of Sections 1 and 4 of Article XIIIA of the Consti- tution of the State of California; (ix) the principal cf and irter- est on the Bonds or other obligations incurred pursuant to t Resolutions and the Indenture are properly payable from the pro reeds of the Special Tax without any limitation under the laws of the State of California or Article XIIIA of the Constitution of t State of California; (x) the Bonds are secured by and payable frcm~ and the Indenture creates, a valid irrevocable first lien on an3 first pledge of the Net Special Taxes (as defined in the Inden- ture); (xi) this Bond Purchase Agreement has been duly authorized, executed and delivered by the District, and, assuming due authori- zation, execution and delivery of this Bond Purchase Agreement by the Underwriter, constitutes a legal, valid and binding agreement of the District enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors' rights i.n general and to the application of equitable principles if equitable remedies are sought; (xii) as of the Closing Date, the information contained in the Official Statement under the captions "INTRODUCTION," "THE BONDS,^ "SECURITY FOR THE BONDS," "THE COMMUNITY FACILITIES DIS- TRICT," ^NO LITIGATION" and ^TAX EXEMPTION" and in Appendix A, "Summary of the indenture," Appendix C, "RATE AND METHOD OF APPOR- TIONMENT OF SPECIAL TAX" and Appendix I, ^POrm of Bond Counsel's opinion," insofar as such atatemenes purport to summarize certain provisions of the Act, the Bonds, the Indenture, the Bond Resplu- tion, the other Resolutions, the validation proceeding relating to the Special Tax or applicable provisions of the Internal Revenue Code of 19E6, as amended, present a fair and accurate summary thereof; and fxiii) the Bonds are exempt from registration pursuant to the Securities Act of 1933, as amended and the Indenture is exempt from qualification pursuant to the Trust Indenture of 1939, as amended; (41 An opinion dated the Closing Date and addressed to the Underwriter, of counsel to the District, in form and substance acceptable to the Underwriter and its counsel, to the =_ffect that (i) no action, suit, proceeding, inquiry or investi- gation, at law or in equity, before or by any court, regulatory agency, public board or body is pending or, to the best of such counsel's !cnowledge, threatened in any way affecting the existence of the City or the District or the title of their officers to their respective offices, or seeking to restrain or to enjoin the issu- ance, sale or delivery of the Banda or the application of the pro- ceeds thereof in accordance with [he Resolutions and the indenture, or the collection or application of the Special Tax [o pay the ,P"83150 - 11 - principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bands, the Irden- tvre, the Resolutions, this Bond Purchase Agreement or any other applicable agreements or any action of the City or the District contemplated by any of said documents, or in any way contesting t ccmpleteness or accuracy of the Preliminary Official Statement or the Official Statement or the powers of the City or the District or their authority with respect to the Bonds, the Indenture, the Resolutions, this Bond Purchase Agreement or any other applicable agreement, or any action on the part of the City or the District contemplated by any of said documents, nor to such counsel's knowl- edge is there any basis therefor; (ii) to the beat of such coun- sel's knowledge, the District is not in breach of or in defavit under any applicable law or administrative rule or regulation of the State of California or the United States of America or any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the Diatrict is a party or is otherwise subject or bound, a consequence of which could be to materially and adversely affect the performance by the District under the Bonds, the Indenture, the Resolutions, this Bond Purchase Agreement or any other applicable agreements ae the case may be; (iii) the adoption of the Resolutions, and the execution and delivery of the Bonds, the Indenture or any other applicable agreements and the other instruments contemplated by any of such documents to which the District is a party, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State of California or the United States of America, or of any department, division, agency or instrumen- tality of either thereof, or under any applicable court or admin- istrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the Diatrict is a party or is otherwise subject or bound; iv) all approvals, consents, authorizations, elections and orders of or filings or registrations with any governmental authority, board, agency or commission having jurisdiction which would consti- tute a condition precedent to, or the absence of which would mate- rially adversely affect, the performance by the District of its obligations hereunder, or under the Resolutions, the Indenture, the Bonds or any other applicable agreements, have been obtained and are in full force and effect; and (v) does not omit to state a material fact necessary to make the statements made therein, in light of the ci rcumstancea under which they are made, not mislead- ing in any material respect; (5) An opinion of Best, Best & Krieger, coun- sel for the Underwriter, addressing such matters as the Underwriter may reasonably request; (6) A Certificate, dated the Closing Date and signed by the authorized officer of the Diatrict, ratifying the use and distribution by the Underwriter of the Official Statement in ~naezno -12 - connection with the offering and sale of the Bonds; and certifying that (i) the representations and warranties of the District cnn- tained herein are true and correct in all material respects on and as of the Closing Date with the same effect as if made on t::e Closing Date; (ii) no event has occurred since the date o° the Official Statement affecting the District or the City which should be disclosed in the Official Statement; and iiii) the District has complied with all the agreements and has satisfied all the condi- tions on its part to be performed or satisfied under this Bond Purchase Agreement, the Indenture or the Resolutions at and prior to the Closing. (7) A Certificate, dated the Closing Cat=_, addressed to the Underwriter of Investment Property Advisors to the effect that the appraisal report sucmnary attached [o the Official Statement as Appendix B fairly and accurately summarized such firm's appraisal of the properties in t;ie District, the appraisal fairly and accurately described the market values of the properties in the District which are subject to the Special Tax and the appraisal is reproduced as a part of the Official Statement with the consent of such person and that, in connection with such person's participation in the preparation of the Official State- ment, such person has no reason to believe that the naterial in the Official Statement under the headings "SECURITY FOR THE BONDS - Land Values," "THE COD4dUNITY FACILITIES DISTRICT,^ ^THE DEVELOPMENT AND THE DEVELOPERS," and Appendix B, ae of the Closing Date, con- tained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements con- tained therein, in light of the circumstances under which they were made, not misleading; (8) A Certificate, dated the Closing Dat=_ and addressed to the Underwriter, from each owner of land located within the District, as listed in the Official Statement under the heading "THE DEVELOPMENT AND THE DEVELOPERS," to the effect that (i) any and all information submitted by such owner to the Under- writer in connection with the preparation of the Preliminary Offi- cial Statement and the Official Statement was true and correct; (ii) the statements relating to such owner, its proposed develop- ments, its property ownership and its contractual arrangements, if any, contained in the Official Statement under the captions "THE COMM[JNITY FACILITIES DISTRICT," and "THE DEVELOPMENT AND THE DEVELOPERS" do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circum- stances under which they were made, not misleading; (iii) no pro- ceedings are pending or threatened in which such owner may be adjudicated as bankrupt or discharged from any or all of its debts or obligations or granted an extension of time to pay its debts or a reorganization or readjustment of its debts; (iv) no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body, .s pending or, to the best knowledge of such owner threatened, in ar,y way seeking to restrain or enjoin the development of its prooert/; ,wgema - 13 - v) such owner has full power and authority to execute, deliver a:3 perform its obligations under the Agreement, has duly authorized, execueed and delivered the Agreement and, assuming due authorization, execution and delivery of the other oarties thereto, the Agreement constitutes the valid, legal and binding obligation of such owner, =_nf orceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws affecting the enforcement of creditors' rights in general and to the applicatie r. of equitable principles if equitable remedies are sought; and (vi) the execution and delivery of the Agreement and the performance by such Owner of its obligaticns thereunder will not conflict with, or constitute a breach of, nr default under, such owner's articles of incorporation, bylaws or partnership agreement, as applicable, any indenture, mortgage, deed of trust, lease, note, commitment, agreement cr other instrument oz obligations to which such cwner is a party or by which such owner or any of its properties are bound, or under any law, rule, regula- tion, judgment, order or decree to which such owner or any of its properties are bound, which breach might have a material adverse effect On such owner to perform under the Agreement; (~) A Certif iCdCe, dated Cha Closing Ddte, addressed to the undezwriter and signed by an authorized principal of (David Tauasig & Associates] Co the effect that (i) the Special Tax formula described in Appendix C of the Official Statement is correctly presented in all material respects and is fair and reasonable with respect to each parcel of land within the District, and such principal has no reason to believe than the material in the Official Statement under the headings "SECURITY FOR THE BONDS," "THE COMM[JNITY FACILITIES DISTRICT" and "THS DEVELOPMENT AND THE DEVELOPERS, " as of the Closing Date, contained any untrue statement of a material fact or omitted to state any material fact necessary in order to make the statements contained therein, in light of the circumstances under which they were made, not misleading and (ii) ehe maximum Special Tax calculated under Che Special Tax formula is, as so calculated, sufficient to pay the annual debt service on the Bonds. Although the Special Tax if collected in the maximum amounts permitted pursuant to the Special Tax formula will generate at least } of the maximum grass debt service payable with respect to the Honda each year, no representation is made herein as to the actual amounts Chat will be collected in future years; (10) A Certificate, dated the Closing Date, addressed to the Underwriter and signed by an authorized principal of Empire Economics to the effect that the Narket Absorption Study summary attached to the Official Statement as Appendix E fairly and accurately summarized such firm's market absorption study of prop- erties in the District and the sun¢nary of such principal's market absorption study is included in the Official Statement with the consent of such firm, and such principal has no reason to believe that the material in Che Official Statement under the headings "watno -14 - "SECURITY ECR THE BONDS,^ "THE COMMUNITY rACILITIES DISTRICT" a:3 "THE DEVELOPMENT AND THE DEVELOPERS," as of the Closing Date, c rained any untrue statement of a material fact or omitted to seat=_ any material fact necessary in order to make the statements con- tained therein, in light of the circumstances under which they were wade, sot misleading; (11) Certified copies of the general resolution of the ?aging Agent under the Indenture, authorizing the executor. and delivery of the Indenture and certain other docume^ts by certain officers of the Faying Agent, which resolution authorizes the authentication of the Bonds; (12) The Certificate of the Paying Agent, doted the Closing Date, to the effect that (i) the Paying Agent is du.y organized and existing as a national banking association under the laws of the United States of America, having the full power and authority Co perform its duties under the Indenture; (ii) the Paying Agent is duly authorized to accept its duties under the Indenture and to authenticate the Honds pursuant to the terms of the Indenture; (iii) no consent, approval, authorizat i~dn or other action by any governmental or regulatory authority having juris- diction over the Paying Agent that has not been obtained is or will be required for the authentication of the Bonds or the consuimnation by the Paying Agent of the other transactions contemplated to be performed by the Paying Agent in connection with the authentication of the Bonds and the acceptance and performance of ite duties under the Indenture; (iv) the acceptance of its duties under the Inden- ture and compliance with the terms thereof will not conflict with, or result in a violation or breach of, or constitute a default under, any loan agreement, indenture, bond, note, resolution or any other agreement or instrument to which the Paying Agent is a party or by which it is bound, or any law or any rule, regulation, order or decree of any court or governmental agency or body having juris- diction over the Paying Agent or any of its activities or proper- ties, or (except with respect to the lien of the Indenture) resule in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Paying Agent; and (v) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or governmental agency, public board or body pending or, to the best knowledge of the Paying Agent, threatened against or affecting the existence of the Paying Agent or seeking eo prohibit, restrain or enjoin the execution, sale and delivery of the Bonds or the collection of the Special Taxes to pay the princi- pal of, and interest on, the Bonds, or the pledge thereof, or in any way contesting or affecting the validity or enforceability c the Bonds or the Indenture or cons eating the powers of the Paying Agent or its authority to perform its obligations under any of the foregoing, wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated in connection with the execution and delivery of the Bonder, or which in any way, would adversely affect the validity of the Bonds, the Indenture or ar.y agreement or instrument to which the Paying Agent is a oarty and ;vaezno -15- which is used or contemplated for use is the corsummation cf ~- transactions contemplated in connection with tae execution, sa:e and delivery of the Bonds; (13) A non-orb itrage certificate cf eh=_ Dis- trict in form and substance acceptable to Bond Counsel and t`:e Underwriter; (lfl) Two copies of the Of £icial Statement executed on behalf of the District by the Mayor, the City Manager or (15) Two copies of the executed Indenture; (16) Such additional legal opinions, certifi- cates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, of the statements and information contained in the Official Statement, of the District's representations and warranties contained herein and the due performance or satisfaction by the District at or prior to the Closing of all agreements then to be performed and all conditions then Co be satisfied by Che District in connection with the transactions contemplated hereby and by the Bond Resolution, the Indenture and the Official Statement. Zf the District or the City shall be unable to satisfy the conditions to the Underwriter's obligations contained in this Bond Purchase Agreement or if the Underwriter's obligations shall be terminated for any reason permitted herein, this Bond Purchase Agreement may be terminated by the Underwriter at, or at any time prior to, the Closing Date by written notice to the District and neither the Underwriter, the District nor the City shall have any further obligation hereunder. (a) The Underwriter shall be under no obligation to pay, and the Districc shall oay or cause to be paid out of the p roceeda of the Bonds, all expena es incident to the performance of the District's obligations hereunder, including but not limited to: the cost o£ printing, engraving and delivering the Bonds to [he Underwriter; the coat of preparation, printing (and/or reproduc- tion), distribution and delivery of the Resolutions and the Ynden- ture, and the cost of printing (and/or reproduction), distribution and delivery of the Preliminary Official Statement and the official Statement and all other agreements and documents contemplated hereby (and drafts of any thereof) in such reasonable quantities as requested by the Underwriter; the cost of market absorption studies and appraisals; and the fees and disbursement of the Paying Agent, Bond Counsel, counsel to the Districc, and any accountants, finan- cial advisors or other engineers or experts or consultants the City or the District have retained in connection with the Bonds. .asst na -16- (b) Whether or rot the 9onds are delivered [o the Underwriter as set forth herein, provided that the District shall not have defaulted in the performance of its obligations under this Bond Purchase Agreement, the District shall be under no obligation [o pay, and the Underwriter shall pay, the cost of preparation of this Sond Purchase Agreement and all other expenses incurred by the Underwriter in connection with its public offering and digtribu[ion of the Bonds lexcept those specifically enumerated in paragraph (a) of this section), includi rg the fees and disbursements of its coun- sel and any advertising expenses. 5. Undertakings of th Di tri The District agrees, at its expense, to make available to the Underwriter sufficient copies of certified Special Tax revenue projections, certified copies of the tax reports relating to the annual levy of the Spe- cial Tax, resolutions of the City Council with respect to the Gonda, the Resolutions, the Indenture, the Preliminary Official Statement and the Official Statement and any amendments or supplements thereto, and other documents related to the Bonds and pertaining to the District, as may reasonably be required from time to eime for the prompt and efficient performance by Che~Underwriter of its obligations hereunder (except for all or any portions of any such documents which, by cont roc[, are not subject to disclosure). 6. Noticee• Any notlces, requests, directions, instru- ments or other communications required or permitted to be given hereunder shall be in writing and shall be given when delivered, against a receipt, or mailed certified or registered, postage prepaid, to the District and the Underwriter at their respective address below: Zf to the District: Community Facilities District No. 88 -'e of the City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 ALCERCiOn: Zf to the Underwriter: Stone s Youngberg 15260 Ventura Boulevard, Suite 900 Sherman Oaks, CA 91403 Attention: Jim Cervantes provided, however, that all such notices, requests or other communications may be made by Celephone and promptly confirmed by writing. The DistricC and the Underwriter may, by notice given as aforesaid, specify a different address for any such notices, requests or other communications. 7. Amendmrtnfa anA C,inntnmun~o ~.. niia ,.~~i After the Closing Date, (a) the District will not adopt any amendment of or supplement to the Official Statement to which the Underwriter shall object in writing or which shall be disapproved by its counsel and (b) if any event relating to or affecting the City, the District oz the Paying Agent shall occur as a result of ~A ABIl50 - 17 - which it is necessary, in the judgment of the Underwriter,. to amend or supplement the Official Statement in order to make the Off iciai Statement not misleading in light of the circumstances existing at the time it is delivered to an initial purchaser of the Bonds, the District will forthwith prepare and furnish to the Underwriter a reasonable number of copies pf an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter and its counsel) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances existing at the time the Official Statement is delivered co an initial purchaser of the Bonds, not misleading. The costs of preparing any necessary amendment or supplement to the Official Statement to be utili2ed during the first 90 days after the Closing Date sria11 be borne by the District and any costs incurred there- after incident to amending or supplementing the Official Statement shall be borne by the Underwriter. For purposes of this Section, the City, the District and the Paying Agent will furnish such information as the Underwriter may from time to time request. B. ~ i in T_n r s This Bond Purchase Agreement is made solely for the benefit of the District and the Underwriter and no other person shall acquire or have any right or have any right hereunder or by virtue hereof. 9. Surviv-~ of Represent aS ions and Warta ties. Tha representations and warranties of the District set forth in or made pursuant to this Bond Purchase Agreement shall not be deemed to have been discharged satisfied or otherwise rendered void by reason of the Closing or termination o£ this Bond Purchase Agreement and regardless of any investigations made by or on behalf of the Underwriter (or statements as to the results of such investiga- tions) concerning such representations and statements of the Dist rice and regardless of delivery of and payment for Che Bonds. 10. Effective. This Bond Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the District and shall be valid and enforceable as of the time of such acceptance. 11. AyQlicable LH.y: Non-assignabi lity. This Hond Pur- chase Agreement shall be governed by the laws of the State of California. This Bond Purchase Agreement shall not be assigned by the District. 12. Execution of Countero~ts. This Bond Purchase Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which constitute ens and the same. 13. No Pzioz Aareementa. This Bond Purchase Agreement supersedes and replaces all prior negotiations, agreements and understandings between the part iea hereto in relation to the sai~ ieRezno -18 - of Bonds for the District and represents Che entire agreement cf the parties as to the subject matter herein. 14. par 'al n n or h'e'r ~uyy provision of this Bond Purchase Agreement which is prohibited or unenforceable in any jurisdiction shall, as [o such jurisdiction, be ineffective to the extent of such prohibition or unenfozceability without invalidating the remaining provisions of this Bond Purchase Agreement or affect- ing the validity or enforceability of such provision in any other jurisdiction. 15. ~itali~y~.~, Terms with initial capital letters not otherwise defined herein shall have the meanings assigned to them in the Indenture. Very truly yours, STON& 6 YOUNGBBRG By: Terms and Conditions of this Bond Purchase Agreement Approved and Accepted on Chia day of December, 1991 CONAIGNITY FACILITIB9 DISTRICT NO. 38-2 OP THB CITY OP RANCHO CUCAMONGA By: ~enemo -19 - EXriIBZT A DESCRIPTION OF BONDS TO BE PL1RrFLaS FD $ SERIAL BONDS: Maturity Interest Price ~.Rt~~er l Amount Rate or Yield CUS I2 Numbers 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 $ t TfiRM BONDS DUE SEPTEFIDfiR 1, 2016 PRICB t; SUBJECT TO REDEMPTION FROM SINKING FUND PAYMENTS A9 FOLLOWS: Redemption Date Principal Amount of CUSIP (Seyeember 1) g~,ds Co be Redeemed Numbers 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 lRRa2 A0 ' 1 - BOND INDENTVR6 This Bond Indenture dated ae of December 1, 1991, established by the City of Rancho Cucamonga, a municipal corporation, on behalf of Community Facil it iee Dietr ict No. 88-2 of the City of Rancho Cucamonga, a community facilities dietr ict organized and ex iet ing antler the laws of the State, to establish the terms antl conditions and pertaining to the issuance of the Bantle as defined herein. ARTICLE I. DEFINITIONS SECTION 1.01 Ae used in this Indenture, the following terms shall have the follow- ing mean inge: "Act" means the "Mello-Roos Community Fac ilit iee Act of 1982", as amended, being Chapter 2. 5, Part I, Divie ion 2, Tit 1e 5 of the Govern- ment Code of the State of California. "Administrative Expenses" means the ordinary and necessary Eeee and expeneea for creation of the Oietrict, le suance of the Bond a, determi- nation of the special Tax and of servicing the Bonds, including any or all of the following: the Eeee and expeneea of the Paying Agent (including any fees or expenses of its counsel), the expeneea of the District in carrying out its duties hereunder (including, but not limited to, annual audits, special tax consult ante and attorneys and costa incurred in the levying antl collection of the Special Taxes) including the Eeee and expeneea of its counsel, an allocable share of the solar iee of staff directly relatetl thereto and a proportionate amount of general admin ietrat ive overhead related thereto, antl all other caste and expenses of the District or the Paying Agent incurred in connection with the di acharge of their respective duties hereunder and, in the case of the Dietric t, in any way related to the adminis- tration of the District. "Annual Debt service" means, for each twelve month period ending September 1, the sum of (1) the interest falling due on the Outetantl- inq Bonds in such twelve month period, assuming that the outstanding Donds are retired ae scheduled and (2) the principal amount of out et and ing Bonds falling due by their terms in such twelve month period. "Authorized Investment e" means any of the following which at the time of investment are legal investments under the laws of the State for the monies proposed to be invested therein. Direct and yeneral obligations (including obligations iaeued or held in book entry form on the books of the Department of the Treasucy of the United States of America) of the United States of America, obligations [hat are unconditionally guaranteed as to principal and interest by the United States of America, including (in the case of direct and general obligations of the United Statee of America) evidences of ownership of, propor- tionate interests in future interest or principal payments of such obligations. Investments in such proport lorate interests mid et be limited to circumstances wherein (a) a bank or true[ company acts as custodian and holds the underlying United St at ea obligations; (b) the owner of the investment ie the real party in interest and has the right to proceed directly and indivi- dually against the obligor of the underlying Vnlted States obligations; and (c) the underlying United Statee obligations are he td in a special account, segregated from the custodian's general asset e, and are not available to satisfy any claim of the custodian, any person claiming through the custodian, or any person to whom the custodian may be obligated. The obligations described in this paragraph are hereinafter called ^GoVernment obligations^. ~. obligations issued or guaranteed by Che following inetrumenta- litie9 or agencies of the United State of America: (a) Federal Home Loan Bank System; (b) Export-Import Bank of the Vnited Statee; (c) Federal Financing Bank; (tl) Government National Mortgage Aeeociat ion; (e) Farms re Home Adminlet ration; (f) Federal Home Loen Mortgage Company; (g) Fede cal Housing Administration; (h) Private Export Fu nd inq Corp.; (i) Federal National Hortgage Association; (j) Federal Farm Credit Bank; (k) Maritime Adm in ietcation; and (1) Pub1Lc Housing corporation. 3. Pre-refunded munlclpal obligat io ne meeting the following conditions: (a) the bonds are (i) not to be redeemed prLOr to maturity or the applicable trustee has been given irrevocable inetruc- tions concerning their calling and redempt Lon antl (ii) the applicable issuer has covenanted not to redeem such bonds other than ae set forth in such instructions; (b) the bonds are secured by cash or Government Obl igatione; (c) the principal of and interest on Che Government Obl iyat ions (plus any cash in the escrow fund) are sufficient to meet the liabilities of the bonds; (d) the Government obligations servicing ae sera[ ity fur the bonds are held by an escrow agent or trustee; (e) the Government obl iyatic ns are not available to satisfy any other claimn, including those ayainet the trustee or escrow agent; and (f) the municipal obligations are rated in the highest rating catego[y by Standard 6 Poor'o Corporation ("56P") or Moody's Investors Service ("MOOdy'e"). 4. Direct and general long-term obligat io ne of any state, to the payment of wh Lch the full faith and credit or the state is pledged and that are rated in any of the three higteat rating categories by 56P or Moody'e. 5• Direct and general short-term obligations o[ any state, to ttte payment of which the full faith and credit of the state ie pledged and that are rated in any of the three highest rating categorise by 56P or Moody'e. 6. Interest-bearing demand or time deposits or interests in money market portfolios Seeued by state banks or trust companies or national banking aesoc iations that are members of the Federal Deposit Insurance Corporation (FDIC). These depos Lte or interests mu et be continuously and fully insured by FDIC and with banks that are rated in any one of the three highest rat ing categories by 56P or Moody'e. 7. Repurchase agreements, the maturit iee of which are 30 days or lees, entered into with financial institutions such ae 6anke or truer companies organized under state law or national banking aseociatione, insurance companies, or government bond dealers reporting to, trading with, and recognized ae primary dealers by, the Federal Reserve Bank of New York and members of the Security Invest ore Protection Corporation or with dealers or parent holding companies that are Gated in any of three highest rating categorise by 56P or Moody'e. The repurchase agreement should be secured by Government Obligations. The Government Obligations moat hav¢ a fair market value, exclu eive of accrued interest, at least equal to the amount invested in the repur- chase agreements. The Paying Agent (who eh all not be the provider of the collateral) must have a perfected first lien in, and retain possession of, the Collateral. The obliga bone serving ae collateral must be Eree from all third party claims. ©. Prime commercial paper of a Vn it ¢d Stateo corporation, finance company or banking lnstitu lion ra LSd in any of Che three highest rating categories by 56P or Moody's. 9. Public housing bonds issued by Fu blic agencies. Such bonds must be fully secured by a pledge cf annual contri butione under a contract with the United Stales government: temporary notes, pr¢l im inary loan notes or project notes secured by a ce quisit ion or payment agreement with the Vnit=d Stateo; or state mr public a g¢ncy or municipality obligations; provided that all of the above investments are rated i.n the three highest rating cateyor lee by S6P. 3 30. Shares of a diversified open-end management investment company (as defined in the Investment Company Act of 1940) or shares in a regulated investment company (as defined in Section 851(a) of the Internal Revenue Code of 1906, as amended) Ghat is (A) a money market fund that has been rated in the highest rating category by S6P or Moody'e, or (0) a money market account of the Paying Agent or any state or federal bank that ie rated in any of the three highest categorise by S6P or Moody'e, or one whose Dank holding company ie rated in any of tha three highest categories by 56P or Moody's or that has a combined capital and surplus of nct lees than 550,000,000. 11. Unite of a money market portfolio rated in the highest category by S6P or Moody'e composed solely of obligations rated in any of the three highest categories by 56P or Moody's having a federal income taz exclusion. 12, Investment agreements or contracts representing [he uncondi- tional obligatlons of ent it iea, the unsecured long-term debt obligations of which are rated either "AA" or higher by 56P or "Aa" of higher by Moody's; provided, however, if the rating of the entity becomes lower than "AA" or "A2" doting the term of the investment, the investment shall be terminated without lose of principal or accrued interest unless the investment ie fully aecuretl by a Eiret priority lien in collateral described in 1 or 2 above, which collateral ie held by a third party as agent for the Oietr ict and has a value of 1050. of the investment. 13. Tax-exempt obligations rated in any of the three highest rating categories by 56P, including money market funds comer iced solely of such obligations. 14. Unite of a taxable government money market portfolio restricted to obligat lone leeued or guaranteed ae to payment of pr Lnclpal and interest by the Eull faith and ctedlt of the United Staten Government or repurchase agreements collateralized by such obligations and further sat is Eying the requ iremente of Paragraph B of this def init Lon. 15. Cert if icatee of depoe it ie sued by commercial banks, env inge end loan aesoc iatlons and mutual savings banks rated Ln either of Ghe two highest categor iee by 56P or Moody •a and properly secured at all times by collateral security deecr Lbed Ln (1) and (2) above; 16. Tne following investments fu L].y ineu red by the Pederal Oepoeit tneu ranee Corporation: (a) certificate of depoe it, (b) savings accounts, (c) depoe it accounts, o: (d) depository receipts o[ banks, savings and loan associations and mutual env inge banks; 17. The Local Agency Investment Pu nd established pursuant to Section 16429.1 of the Government Code of the State of California. 4 "Authorized Aepre sent at ive" of the District means the City Manager or Deputy City Manager, acting on behalf of the District, yr any other person designated Sy the City Manager and authorized to act on behalf of the Diet rict under or with respect to thin Indenture antl all other agreements related thereto. "Average Annual Debt Service" means the average Annual Debt Service during the term of the Bontls. "Bond Counsel" means an attorney or firm of attorneys, selected by the District, of nationally recogn izea et and inq in matters pertaining to the tax treatment of interest on bonds issued by states antl their political subd ivielons, duly admitted to the practice of law before the hiyhest court of the State. "Bondowner" or "Owner", or any similar term, means any person who shall be the registered owner or hie duly authorized attorney, trustee, representative or assign of any outstanding Bond which shall at the time be rag ie tared. "Bonda" shall mean all Special Tax bonds o£ the District at any time Outstanding pursuant to thia Indenture and which were authorized at the special election in the District on June 27, 1989. "DUSiness Day^ means a day which is not a Saturday or a Sunday or a bank holiday under the laws of the United States or the State of California. "Certificate of Completton'• means a notice filed with the Paying Agent by an Authorized Repreaent.at ive of the ^Letrict stating that the acquis it Lon or conetructLon of the Project hoe been completed or abandoned and that the final payment or reimbursement of all Project Coats to be incurred hoe been made. "City" means the City of Rancho Cucamongar Caiifornia. "Code" means the Internal Revenue Code of 1986, ae amended. "Computation Year" means the twelve month period, or, less, end irg on June 30 of each year. "Coats of Issuance" means all of the casts of ie eu ing the Bond e, including but not limited to, all printing and document preparation expenses in connection with this Indenture, the Bonda and the ofCiciai Statement pertaining to the Bonda and any and all other agreements, instruments, certificates or other docume me is eu ed in rnnncction therewith; legal fcoa and expenses oC counsel with respect to the financing of the Project; any computer and other expenses incurred in connection with the Bonds; the initial fees and expenaee of the Paying Agent (including without limitation, acceptance fees and ficat annual fees payable in advance); and other fees and expenses incurred in connection with the issuance of the Bonda or the implementation of the Einancl.nq foc the Project, to the extent ouch fees and expe nsee are approved by the Diatrlct. 5 "Delivery Date" means the date on which the Bonds are issued and delivered to the initial purchaser thereof. "Dist rlct" means Community Facilities District No. 80-2 of the City of Aancho Cu camo ngar California. "Fiscal Year" means the 12 month period terminating on June 30 of each year, or any other annual accounting period hereinafteY selected antl designated 6y the Issuer ae its fiscal year in accordance with applicable law. "Government obligations" means obligations described in Paragraph 1 of the definition of Authorized Investments. "cross Proceeds" hoe the meaning ascribed to such term in section 140(f~(6) of the Code. "Indenture" means this Bond Indenture, ae amended or espplemented pursuant to the terms hereof. "Independent Financial Consultant" means a financial coneu ltant or firm of such coneultante generally recognizetl to be well goal if Led In the financial consulting field, appointed and paid by the DLetrict, who hoe engaged in the municipal financing consulting business in each of the three (3) calendar years immediately preced Lng the date of such appointment and who, or each of whom: ~1) is in fact independent and not under the domination of the Oiat rict; (2) does not have ary suhetantial interest, direct oz i.nd iced, with the ^istrlct; and, (3) ie not connected with the District as a member, officer or employee of the District, but who may be regularly retained to make annual or other reports to the District. "Investment Agreement" means any investment satisfying the require- ments of Paragraph 12 of the definition of Authorized Investments. "Investment property" means eny security (as said teem Se defined in Section 160f91(21(A) or (B) of the Code, oblL9 anon, ennu lty contract or invs etment-type property, excluding, however, obligations (other than specified private activity bonds ae defined in Sect LOn 57~e)(5~(f.') of the Code), the interest on which ie excluded from Dross income under Section lU3 0( the Code Eor federal income tax purposes. "Interest Payment Date" means March 1 end se ptember 1 of each year. "Issuer" means Community Facilities District No. 88-2 of the City of Aancho Cucamonga. ^Legielat ive Body^ means the City Council of the Issuer, acting on behalf of the ^letrict. "Maximum Annual Debt Service" means, as computed from time to time puree ant to the provisions hereof, the largest Annual Debt Service during the period Erom the date of each determination through the final maturity of any Out et and ing sonde. "Net Special Tax Revenuee^ means the Special Tax Revenues lees the Priority Admix ietrative Expense amounts transferable to the Admini~- trative Expense Fund under Section 3.05 hereof. "Non-purpose Obligation" means any Investment Property which le acquired with the Grose Pro<eeds of the Bonds and ie not acquired in order to carry out the governmental purpose of the Bonds. "Outstanding Sonde" means all of the Bonds, except: (I) Bonds theretofore cancelled or surrendered for cancellation in accordance with Section 31 hereof; (2) Bonds for the payment or redemption of which monies shall have been theretofore deposited in trust (whether upon or prior to the maturity or the redemption date of such bonds), provided that, if eu ch Bonds are to be redeemed prior to the maturity thereof, notice of each redemption shall have been given ae provided in thin Indenture or any applicable Supplemental Indenture. ^Paying Agent" means Bank of America National Trust and Savings Ae social ion, and any successor thereto. "Prepayments" shall mean the amounts received in prepayment of the obligation to pay the Special Tax "A" pu reuent to the Prepayment Formula set forth Ln the Official Statement of the Ieeuer dated 1992, which formula ie approved and lncorporeted herein by this reference. "Principal Payment Date" means September 1 of each year. "Priority Administrative Expense Amount" means an amount equal to 5 per acre in the Dietr ict for the Fiscal Yeer commencing 1992, which amount may be increased ~,l per annum for each Fiscal Year thereafter. l "Project" means the Eacil it iee ae dercri.bed in that certain document enr itled "Community Facil iCi~s 0ietrict ReporC" approved by the Legi~- lative Body on June 21, 1989, and which ie on Eile in the Office o£ the City Clerk of the Ieeuer. "Project Coate" means all ex peneea cf and incidental to the construc- tion and/or acqu ie it ion of the Project. "Record Dete" shall mean the fifteenth I15t h) ca lender day of the month immediately preceding en interest Payment Date. 7 "regulations" means the regulations promulgated under the internal Revenue Code o£ 1986, as amendetl. "Reserve Regu itement" means an amou nC initially equal to S®, 'dh ich amount shall be equal to the lesser of (i~ Haximum Annual Debt Service for the Bonds not £u11y secured by monies in the Escrow Fund, {ii) one hundred twenty-five percent (SZ 58} of Average Annual Debt Service for the bonds not fully secured 4y monies in the Escrow Fund, or (iii) ten percent (108} of Che original print iPal amount of the Honda leas original issue discount, if any, plus original issue premium, if any. "Special Tax" means the Special Tax "A" authorized Go be levied in and for the District pursuant to the Act at the special electton held in Ghe District on June 27, 1989, and subsequent ly levied pursuant to the provisions of ordinance No. 397 of the Issuer. "special Tax Revenues" means the proceeds vE the levy of the Special lax received by the District and proceeds of the redemption oe sale of property ev ld ae a result of foreclosure of the lien of the Speci al Tax to the amount of said lien and pens It iee thereon. "State" means the 5i ate of California. "Supplemental Indenture" means any bond indenture then In full Eorce and effect which has been duly approved by reeolut ion of the Legisld- Live Body under and pu reuant to the Act at a meeting of the Legisla- tive Body duly convened antl held, at which a quorum was pzeeent and acted thereon, amendatory hereof oe supplemental hereto; but only iE and to the extent that such Supplemental Indenture LB spec iE ically authorized her under. "Tax Enempt" mane, with eeference to an Authorized Investment, an Authorized Investment the interest earn logs on wh lch are excludable Erom gross income for federal income tax purposes pursuant to section 303{a) of the Code, other <han one deer ribed in Section 57(a)(5)(C} of the Code. "Treasurer" means the Treasurer of the issuer, or the Deputy Treasurer thereof In the absence of the Treasurer. "Y is ld" has the meaning assigned to ouch term Eor purposes of Section 14R(f) of the Code. AATI CLE II. GENERAL AUTHUkI2 AT ION AND TEAKS SECTION 2.01 Amou nT„ Issuance and Purpose. Pursuant to the provie iOno of the Act and the Registered public oh]lgatiens nct of California (Sect loos 5050 and following of the California Government Code), this Legiela- tivo Hody does hereby author ize the is eu ante of the Bonds in an aggregate peineipal amoun~. not to erceed 54,000,000.00. The Bonds shall be designated City of Rancho Cucamonga. Cemmunlty Facilities D iaF,c ict No. 00-7., Special Tax Bonds, 'Che purpose of the Bo ode shall be to finance r,ha ar_qulelt LOn or construction of the Project. 8 SECTION 2.02 Type and Natute of Bontl. The Bonds and inters et thereon, together with any premium paid thereon upon redemption, are not obligations of the City, but are limited obligations of the District. secured by and payable from an irrevocable first lien on the Net Special Taz Revenues. Except for the special Tax, neither the credit nor the taxing power of the District or the City ie pledged for the payment of the Bonds or the interest thereon, and no Owner of the Bonds may compel the exercise of taxing power by the District or the City or the forfeiture of any of their property. The principal of and interest on the Honda and premiums upon the redemption thereof, if any, are not a debt of the Dietr ict, the City, the State of Califor- nia or any of its political subd ivieion within the meaning of any conatitut TO nal or statutory limitation or restriction. The Bonds are not a legal or equitable pledge, charge, lien or encumbrance, upon any of [he District's property, or upon any of its income, receipts or revenues, except the amounts which are, under this Indenture and the Act, set aaide for the payment of the Bonds and interest thereon and neither the members of the leq ie let ive body of the District or the Legielat ive Body of the CLty nor any persona executing the Honda are liable pececnal ly on the eontle by reason of their issuance. Notwithstanding anything contained in this Indenture, the District shall not be required to advance any money derived from any source of income other than the Special Tax for the payment of the interest on or the principal of the Honda or for the performance of any covenants herein contain etl. The District may, however, advance Eu nde for any each purpo ee, provided that such Eu nde are derived from a source legally available Eor such purpose. Nothing in this Indenture or in any Supplemental Indenture shall preclude the redemption prior to maturity of any Bonds subject to call and redemption or the payment of the Bo nde from proceeds of the w fanaing bonds leeu ed under the Act or under any other law of the state. SECTION 2.03 Terms of the Bonds. The Bonds shall mature on September 1 of the years, and Ln the respective principal amounts set forth oppoe its such years, and shall bear interest at the respective rates per annum, set forth in the following table: Maturity Date Principal interest SSept ember 1) Amount _ Rate 1992 1993 1994 1995 199G 1997 1998 1999 2000 2001 2002 ~, Maturity Oate Principal Interest (September 1) Amount Rate 2003 2009 2005 2006 2016 SECTION 2.04 Description of Bonds; Interest Rates. The Bonde shall be issued in fully registered form in denominations of $5,000 or any integral multiple thereof within a single maturity and shall be numbered as desired by the Paying Agent. The Bonds shall be designated ^CITY OF RANCHO CVCAMONGA, COMMUNITY FACILTTI GS DISTRICT NO. BB-2, SPECIAL TAX BONDS". The Bonde shall be dated as of December 1, 1991, and shall mature and be payable on September i in the years and in the aggre- gate principal amou me and ens 11 bear interest at the rates set forth in Section 2.03. Interest shall be payable with respect to each Bond on each Interest Payment Dete commencing September 1, 1992, until the principal sum of that Bond has been paid; provided, however, that if at the maturity date of any Bond (or if the same ie redeemable and shall be duly called for redemption, then at the date fixed for redemption) footle are available for the payment or redemption thereof, in full accordance with h-he terms of this Indenture, such Bond shall then cease to bear interest. SECTION 7.05 Payment. The principal of and interest on the Bonds shall 6e payable in lawful money of the Un itetl States of America. The principal of the Ronde and any premium due upon the redemption thereof shall be payable upon presents[ ion and surrender thereof at maturity or the earlier redemption thereof at the principal corporate Cru at office of the Paying Agent in Loe Angeles, California. Interest on any Bond shall be payable Erom the Interest Payment Date next preceding the date of authentication of that Bond, unless (1) such date of authentication is an Interest Payment Date, in which event interest shall be payable from such date of authentication, (ii) the date of authentication is after a Pecord Dete but prior to the immediately eucc Red Lnq Interest Payment Date, in which event interest shall be payable Erom the Interest Payment Date immediately succeeding the date of authentication or liiil the tlate of authentica- tion is prior to the close of business on the first Record Date, In which event interest shall be payable from the date of the Bonde; provided, however, that if at the timo of authentication o£ a Bond, interest is in default, interest on that Bond shall be payable from '-h^ lant interest Payment Date to which the interest has been paid or made available for payment. Interest, on any Bond shall be paid to the person whose name shall appear in the books of regiecrat ion es requ lred by Section 2.08 as the owner of nu ch Bond ae of the close of bu eineoe nn the Record Date i.mmed iately preceding such Interest Payment Date. Such intern st nhall b~ paid l7y check or draft of the Paying Agent mailetl to Duch Bondowner at hie or her address ae Lt appears on the books of reyletra Uon as requLred by Sect Lon 2. DB or, 10 upon the request of a Bondowner of at least $1,000,000 in aggregate principal amount of 0onde, by wire transfer in immediately avaiable funds to an accvu nt in the continental Vn ited St arse des ignated by such owner. Interest with respect to each Bond shall be computed using a year of 360 days comprised of twelve 30-day months. SECTION 2.06 Execution of Bonds. The Ronda sha 11 be executed in £aceimile by the Mayor of the Issuer and counteraignetl by the City Clerk of the Issuer, acting on behalf of the oiatr ict, and the corporate seal of the issuer shall be imprinted in facsimile on the Bo nd e. The Bonds shall then be del iveretl to the Paying Agent, for authentication and registration. In case an officer who shall have signed or attested to any of the Bonds by faceim ile or otherwise shall cease to be such officer before the authenticat iv n, delivery and issuance of the Bonds, surh Bonds neverthe le se may be authenticated, delivered and issued, antl upon such authentication, delivery and issue, shall be as binding ns though those who signed antl att_sted the same had remained in office. SECTION 2.07 Order to Print and Authenticate Bonds. The Treasurer ie hereby instructed to cause Bonds in the form as set forth hereinr to be printed, and to proceed to cau ee said Bonds to be authenticated and delivered to an authorized representative of the purchaser, upon payment of the purchase price ae set forth in the purchase contract for the sale of the Bonds. SECTION 2.00 Books of Regiet ration. There shall be kept by the Paying Agent, Buff Lc ient books for the rag ist ration and transfer of the Bonds andr upon presentation for such pu rpoee, the Paying Agent shall, under such ceaeonab le regular ions as it may prescribe, register or trans £er or cause to be registered or transferred, on said register, Bonds ae herei nbefore provided. The ownership of the Bonds 9ha11 be eatab- liehed by the Bond regiatra[1on books held by the Paying Agent. Whenever any Bond or Bonds shall be surrendered for registration of transfer or exchange, Che Paying Agent shall authenticate and deliver a new Bond or Bonds of the same maturity, for a like aggregate principal amount; provided that the Paying Agent shall not be reyu fired to rag later transfers or make exchanges of (1) Bonds foe a period of 15 days next preceding the date of any ee Lect ion of the Bonds to be cedeemedr or (li) any Bonds chosen Eor redemption. SECTION 2.09 F.x change oC Bo nd e. Ronde may be exchanged at the oCf ice of the Paying Ayent, for a like aggregate principal amount of Bonds, interest rate and maturity, aubj act to the terms and coedit lone peov ided in the system of ray fist eat ion for registered debt obliga- tions, including the payment of certain charges, iE any, upon surrender and cancellation of a Bnn d. Upon such transfer and exchange, a new registered Bond or Bantle of any authorized denomina- tion yr denominations of the same maturity and Eor the same aggregate principal amount will be issued to the tranef arse in exchange therefor. 11 SECTION 2.10 Ne of iabil it , Re istration and Transfer of Bonde. The tranefec of any Bond may be reg iatered on iy upon such books of ragiatrat ion upon sur rendez thereof to the Paying Agent, together with an assignment duly executed by the Owner or hie attorney or legal repreeentat iv e, Sn eatiefactozy form. Upon any such reg iatrat ion of transfer, a new Bond oc Bonde she 11 be authenticated and delivered in exchange for such Bontl, in the name of the trans£ezee, of any denomination or den om inationa authorized by this Indenture, and in an aggregate principal amount equal to the principal amount of such Bond or Bonde so surrendered. In all cesea in which Bonde shall be exchanged or transferred, the Paying Agent shall authenticate at the earl ieet practical times eo nda to accordance with the provisions o£ this Indenture. A11 Bonde suers ode red in such exchange ar tranef er shall forthwith be cancelled, Tha Paying Agent may make a charge for every each exchange ac regietrat ion of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with reepect to such exchange or regiat ration of transfer. SECTION 2.13 Authentication. Only such of the Bonde ae shall bear thereon a certi- ficate of authent Lcat ion substantially in the form below, manually executed by the Paying Agent, shall 6e valid or obligatory Eoc any purpose oz entitled to the benefits of this Indenture, and such certi- ficate of the Paying Agent shall be coot lueive evidence that the Oo nde so authenticated have Deen duly executed, authenticated antl delivered her sand ex, and era entitled to the benefits of this Indenture. FORM OF CERTTEICATE OF AVTHENTT CATION RND REGISTRATION This ie one of the bonds described in the within identified Indenture. BANK OF AMERICA NRT20NAL TAUST AND SAVINGS ASSOCIATION ae Paying Agent By: Authorized Officer Dated AATICLE III. FUNDS At1D ACCOUNTS SECTION d.01 Fs tahlishm ent of Spea ial Fu nda. The toliowing funds identified in this Section 3.01 era hereby created and established and the Eollowiny funds shall be maintained by the Treasurer: (1) Special Tax Fund (the "Spot zal ': ax Fu n<1^); " (2) Reserve Fund (the "Resezve Fund"); (J) Bond Service Fund (the "Dond Service Fund"); __,q 17. (4) Rebate Pund (the "Rebate Fund"); (5) Redemption Fund (th¢ "Redemption Fund"); and (6) Improvement Fund (the "improvement Fund"). (7) Adminiet rat lve Expense Fund (the "Administrative Expen ee Funtl"). SECTION 3.02 Special Tax Fund. The Treasurer shall, no later than the tenth (10th) Eusinese Day after which Special Tax Revenuee have been received by the Ieauer on behalf of the Die trict, tra nefer the Special Tex Revenuee to, and deposit them in, the Special Tax Fund. The Special Tax Revenuee depositetl in the Special Tax Fund shall be held in tru et and deposited into the following Funds on the dates and in the amounts set forth In the following Sections, in the following order of priority, to: (11 The Administrative Expense Fund in an amount not to exceed in any Fiscal Year the Priority Administrative Expense Amount applicable to au ch Fiscal Year; (2) The Eond Serv Lce Fund; (3) The Reserve Fund; and (p) The Administrative Expense Fund (if necessary). Any amounts remaining on deposit in the special Tax Fund when there are no longer any Roods Outetand ing shall be tran eferred to the District and used for any lawful purpose under the Act. SECTION 3.03 I~rovement Fund. (a) within the Improvement fund, the Treasurer shall establish the folLOwing accounts: (1) Prbj act Account; and (2) COat4 of IB9naaCP AC OO110t. (b) The Treasurer shell disburse money from the Costs of Issuance Account on such dates and in such amounts ae ace necessary to pay Costs of I9eu once, in each case in accordance with a Payment Request Form in substantially the form attached hereto as Exhibit "A" and incorporated herein by thla reference, together with invoices therefor. Any amoa nt r, remaining on deposit in the costa of Iesu once Account, on the earlier of the tlate on which all Costs of Iseu ante havs peen pa itl or ens year after the date on which the Donds are deAivered, shall be transferred to the Project Account of the Improvement Fund. 1J (c) The Treasurer eh all, from time to time, disburse monies from the Project Account to pay the Project Coate, in each case prompt Ly after =ace ipt of a Payment Request Form in aubetantially the form attached hereto ae Exhibit "B", together With invoices therefor. (d) Co ate of Issuance and Project Costs shall be paid directly to the person, corporation or entity entitled to payment hereunder and named ae payee on the applicable Payment Request Form. Notwithstanding anything herein to the contrary, the Treasurer may rely on an executed Payment Request Form ae complete authori- 2ation for any payment a. (e) Notwit hatand ing anything herein to the contrary, if on December 1, 1994, any funds remain on depceiC in the Improvement Fund, the Treasurer shall immediately invest such amounts in Tax- Exempt obligations or shall restrict the Yield on sash amounts such that the Yield on such amounts ie not in excess of the Yield on the Bo nd e, unless in the opinion of Bontl Cou noel ouch restriction ie not necessary to prevent an imps Lrment of the ex clueion of interest on the Bonc15 from gross income for fetleral income tax pv rposea. (t~ Attar the final payment or Ye imbureement of ell Project costs, as evidenced by the receipt by Che Treasurer of the Cect if icate of ComPlet ion, the Treasurer shall transfer excess monies, if the amount of the excess is 525,000.00 or greater, on tlepoait in the Improvement Fund to the Redemption Fund and the Treasurer shall apply the amount so transferred to redeem Bonds in accor- dance with Article IV hereof. If the excee e, if any, ie lees than 525,000.00, the excess shall be transferred to the Special Tax Fund. SECTION 3.04 (Intentionally Omitted). SECTION 3.05 Adminiet rative Expense Fund (a) On July 1, 1992, and July I of each year thereafter, or on the firer Business Day [hereafter if July 1 ie not a Business Day, the ?reaau rer shall transfer the Priority Administrative Expense Am oa nt foe the Fiscal Year commencing such July 1 to the District for deposit Into the Atlmin ietrative Expense Fund. (b) on or before the date amounts are needed to pay Admin tartar ive F.x penees which exceed the amount then on depoe It in the Adminie- Leative Expense Fund, the Treasurer shall, upon receipt of a written reyueet o[ the Diatr is t, withdraw from the special Tax Fund antl place in the AdminisC tortes Ex pence Fund, the adtli- tlonal amount necessary, togetner with amou me on deposit therein, to pay each Administrative Expenses; provided auffl- cient funds remain in the Special Tax Fund in the Treasurer's determination to pay principal and interest on Che Bonds and to maintain the Reserve Fund a[ the Heeerve Pequ lrement glving cons Adere[lon and reasonably ant lc ipated Special Taz Revenues. 14 (c) Vpon receipt of a duly executed Administrative Expense Payment Request Form in substantially the form attached here as Exhibit "A" and incorporated herein by this reference, the District shall pay the Administrative Expenses. Adm in ietrat ive Expenses shall be paid directly to the pe reon, corporation or entity entitled to payment hereunder and named as a Payee on the Administrative Expense Payment Aequeet Focm. Notwithstanding anything herein to the contrary, the Diat rict may rely on an executed Administrative Expense Payment Aequeet Form as complete authorization for any payments. (d) The bietr ict shall transfer all amounts remaining on deposit in the Administrative Expense Fund on the final maturity of the Bondi, after payment cf any accrued Administrative Expenses, to the Treasurer Eor deposit into the Special Tax Fund. SECTION 3.06 Bond 9erv ice Fund. Monies in the Bond Service Fund shall be held ir. tru et by the Treasurer for the benefit of the Bondowners and shall be disbursed for the payment of the principal of, and interest antl any premium on, the Bonds, and, pending such disbursement, shall be subject to a lien in favor of the Bondowners. on or before the tenth Business Day next preceding each Interest Payment Date, the Treasurer shall withdraw from the Special Tax Fund and place in the Bond 5erv ice Fund an amount equal, together with amounts then on depoe it therein, to all of the prior Seal, int ere et and premium due and payable on all of the Bonds, including any manda- tory sinking fund payments due on the Bonder ere epecif ied in Section 4.030, on such Interest Payment Date. Principal of and interest on the Bonds shall be paid by the Treasurer to the Bondowners out of the monies on deposit in the Bond Service Fund. The Treasurer shall transfer to the Paying Agent at least one Business Day prior to each Inters et Payment Date an amount suf Eic lens To pay the principal of and interest on the Bonds coming due and payable on the Interest Payment Date, The Treasurer shall transfer any monies remaining in the Bond Service Fund when there are no longer Bonds outstanding to the Special Tax Fund. SECTION 3.07 Reserve Fund. There shall be maintained in the Reeecve FU nd an amount equal to the Reserve Requirement. Monlee in the Reserve Fund shall he used solely for the purposes of paying the principal of and i ntereet on the Bonds oc Eor transfer tv the Rebate Fund as provided for in Section 3.08 herein. In the event that the monies in the Bond Service Fund are insufficient fot the payment of pr Lncipal of antl urtere at. vn the Bonds on any Inte re-t Payment Data, the Treasurer shall withdraw from the Ae serve Fund, Cor deposit in the Bond Service Fund, moo See neceaea ry for eu ch purpv==. If, after the transfer of all mvn ins vn deposit in the Reserve Fund to the Bond Service Fund, there ore Soso Ef iciant monies on deposit in the Bond Service Fund to make the payment of principal of or interest vn the Bonds when due and payable, the Treasurer shall apply the 15 available monies first to the payment of interest on the Bonds, then to the payment of principal due on the ponds other than by reason of mandatory einking fund payments, and then to payment of principal due on the Bonds Dy reason of mandatory einking fond payment e. Any manda- tary einking fund payments not made as scheduled other than a manda- tory sinking payment due on a maturity date shall be added to the mandatory sinking fund payment to be made on the next mandatory sinking fund payment date. on July 1, or the first Business Day thereafter if July 1 ie not a Rumness Day, of each year, if the zmounC on deposit in the Reserve Fu na is less than the Reeerve Requirement, the Treasurer shall transfer to the Reeex vs Fund from the first available monies in the Special Tax Fund an amount necessary to increaee the balance therein to the Reserve Requirement. If on July 1, or the first Business Bay thereafter if July 1 is not a Business Day, of each year, the amount on depoe it in the Aeserve Fund is in excess of the Reeerve Require- ment, the Treasurer shall transfer such excess to the Bond Service F[md. Whenever the Dalance in the Reeerve Fund exceetle the amount required Ln redeem or pay the Oatetand ing Bonds, including interest accrued to the date of payment or redemption and premium, iE any, due upon redemption, the Treasurer shall trans Eer Che amount in the Reserve Fund to the Bond Service Fund to be applied, on the next succeed ing interest payment date, to the payment and redemption, In accordance with sections 4.03 or 3.06 hereof, ae applicable, of all of the Outetand ing Bootle. Zn the event that the amount so transferred from the Reserve Fund to the Bond Sere ice Fund exceeds the amount required to pay and redeem the Outstanding epode, the balance in the Reserve Fund shall be transferred to the District to be used for any lawful purpose of the Diett'ict as set forth in the Act. SECTION 3.08 Re Date Fund. The District shall establish a Rebate Fund, shall calcu- late F,x rasa Ea rninge in accordance with the Rebate instruct Iona attached hereto ae Exhibit "D" and incorporated herein by this reference, and eha 11 transfer funds to the Rebate Fund ae provided in this Indenture and the Rebate In st ructions. Notwithstanding the foregoing, the R=bat= Instructions, including the method of computing Exceas Earn inns, may be modified, In whole or in poet, without the consent oC the owners of the Bonds, upon receipt by the District of an opinion of Rvnd Crounsel to the effect that Hoch modification shall not adversely affect the exclu eion from groae income of interest on the Bonds thin Out standinn. SECTION 3.OR RerlemL in n_Fn n.l. The Redempticn Find is harp by establinhed, which Fund shall be held and admina Cared by the Treaeu Yer. Monies deposited into the Redemption Fund shall bo set astde and vseU solely R•r the purpose of redeeminu 8a nds ea directetl in wr it my by Che n ist.rict and in accordance with Article IV hefevf. Foil owing the redemption of any Bond&, if any nn rpi~~is remains in the Redemption Fund, nnid surplus shalt be transferred tv the Special Tax Fund. 16 All monies received by the Treasurer which represent Prepayments shall 6e deposited in the Redemption Fund. Monies representing such Prepayments shall be invested only in Government obligations and shall De utilized to redeem Bondi at the earliest possible redemption dnt e. SECTION 3.10 Inve etme nt of Fu nde. Unless otherwise specified in this Indenture, monies in the Admin ietrative Expense Fund, Special Tax Fund, Bond Service Fund, Reserve Fund, Improvement Fund and Redemption Fund shall be invested and Yeinveetea in Authorized Investments. Monies in the Rebate Fund shall be invested by the Tcea ew ier in Government Obligations. Obligations purchased ae investments of monies in any fund or account shall be deemed at all times to be a part of such fund or account. Any income realized on or losses resulting from such investments eha 11 be credited or charged the fund oz account which was invested, except as follows: (i) investments earnings on all amounts depoe ited in the Improvement Fund shall be deposited (i~ in the Improvement Fund until the Project Le completed, and (2) thereafter, in the Bond Service Fund, (ii) investment earnings on all amounts in the Adminis- trative Expense Fund shall be deposited in the Admin ietrat ive Expense Fund, (iii) investment earnings on all amounts in the Rebate Fund shall be deposited therein, and (iv) all other investment earnings, inc lading but not limited to investment earn in ge on all other Eu nde and accounts shall be deposited in the Dond Service Pund. Notwith- standing the foregoing, Excess Investment Earnings (ae defined in the Rebate Inet ruct ions) which ace subject to rebate shall be deposited in the Rebate Fund as provided in the Rebate Ins[ru ctions. Subject to the reetrictione set Eorth herein, monies in said fu nde and acounte may be from time to time invested by the Treasurer in any manner eo long as: (a) Monies in the Improvement Fund and Rebate Fund shell be invested in obligations which will by their terms mature ae close as practicable to the date the Issuer and the District estimate the monies represented by the particular Investment will he needed for withdrawal from au ch Fu r.d; and (b) Monies in Che Bond Service Fund shall be invested only Ln obliga- tions which will by their terms mature on such dates so ae to ensure the payment of principal and interest on the Bonds as the same become due. 5u bject to the reetrictione incorporated into Section 3.00 hereof, the Treasurer and District shall sell at the beet pYlce reasonably obtainable or present for redempt ton any ebligatione so purchased whene vee it may be necessary to do so in order to provide monies to meet any payment or transfer for such funds and accounts or from each funds and accounts. ]7 SECTION 3.11 oispositlon of Bond Proceeds, Dpon the receipt of the proceeds for the Bonds and any accrued interest thereon from the date of the Bonds to the Delivery Date thereof, the Treasurer shall transfer or eat aside and tleposit or cause to be deposited the said proceeds and acczu ed interest in the following respective funds or accou nt a, in the following order: (1) An amount equal to 5 representing the accrued interest on the BOnde shall be placed in the Bond Service Fund; (2) An amoa nt equal to 5 shall be placed in the Reserve Fund; (3) An amount equal to 5 shall be placed in the Costa of Issuance Account of the Smprovement Fund; (4) An amount equal to S shall be placed In the Prej act Account of the Improvement Fund. ARTICLE IV. AEDEMPT ION SECTION 4.01 Notice of Redemption A. NOTICE BY NAIL TO BONDHOLDERS: The Paying Agent shall, at least thirty (30) tlaye but not more than sixty (60) days prior to the date of redemption, mail notice of intended redemption, by flret- claea mail, postage prepaid, to the respective registered Owne re of the Bonds at the addressee appearing on the Bond registry books. The notice of redemption shall: (a) et ate the redemption tlate; (b) et ate the redemption price; (c) state the bond regie- tretion numbers, dot ea of maturity antl CUSIP numbers of the Bootle to be redeemed, end in the case of Bonds to be redeemetl In part, the respective principal portions to be redeemed; provided, however, that whenever any call includes all Bonds of a maturity, the numbers of the Bonds of such maturity need not be stated; (d) require that such Bonds be surrendered et the principal corporate trust office of the Paying Agent; (e) glue notice the[ Eu rther interest on such Bonds will not accrue after the designated redemption date; (E) the date of the leave of the oonde ae originally issued; (g) the rate of interest borne by each Bontl being redeemed; and (h) any other deecript ive informa- tion needed to identify accurately the Bonds being redeemed. B. ADDITIONAL NOTI CF.: In add.~ion to the notice of redemption given pursuant to Section 4.01 above, Further notice shall be given by the Paying Agent as set out below, but no defect. in said further notice nor any failure to give all or any portion of ouch further notice shall in any manner defeat the effective- neee of a call for redemption if notice thereof is given as above pxeecribed. 1R Each further notice of redemption shall be sent at least 2 days before the notice of redemption is mailed to the Bondholders pursuant to Section 4.01 by registered or certified mail or over- night delivery service to the registered eecurit ire depositories listed below which are then in the business o£ holding evbetan- tial amounts of obligations of types comprising the Bonds ae shall be specified by she Treasurer to the Paying Agent and Co the national information services Listed below that disseminate notice of redemption of obligations similar to the Sonde or, in accordance with the then-current guidelines of the Securities and Exchange commission, such other eecueit ies tlepoeitor ice and services providing information on called bonds, or no each securities depositories and eerv ices, ae District may tleeignate in a certificate of the Authorized Aepreee nt ative of the Diet rict delivered to the Paying Agent. Regiet Brad Secvrit ies Depositories Muni Reorganization Manager The Oepoeitory Trust Company 711 Stewart Avenue Garden City, New York 11530 Telecopy: (516) 227-4034 or 4190 M idweat Secu[it ice Tru et Company Capital Structures-Call Notif lc at ion 440 North LaSalle Street Chicago, Illinois 60605 Telephone: (312) 66J-2343 Philadelphia Depoe itory Trust Company Aeoryanizat ion Division 1900 Market Street Philadelphia, Penney lvania 19103 Attention: Band Department Telecopy: (215) 496-5058 National Information Services Financial Infocmat Lo n, Inc.'s Daily Called Bond Service Attention: Ed iY.or 30 Montgomery Street, 10th Floor Jersey City, New .jersey 07302 Kenny Information Services, Inc. Called Bond Service GS Broadway, 16th Floor New York, New York 10006 MoOdy's Mvn icipale and Governments 99 Church 5t rest, Bth FlOOr New Yqr k, New York 10007 Attention: Munlc lpal Newa Reports 19 Standard and Poor's Called Bond Record 25 Broadway, aid Floor New York, New York 10004 C. FAILURE TO AECF.IVE NOTICE: So long ae notice hat been provided as set forth above, the actual receipt by the Owner of any Rond of notice of such redempt ton shall not be a condLt ion precedent to redemption, and faL lure to receive such notice eha 11 not affect the validity of the proceed inge For redemption of each sonde or the teas at ion of interest on the date fixed for redemption. CERTIFICATE OF GIVING NOTICE: The notice or not ices Yequ LZ ed by thLS Section shall be given by the Paying Agent. A certificate by said Paying Aeent that notice of call and redemption hat been given to the registered Owners of the Bonds ae herein provided eryall be conclue ive ae aga lost all partite, and nv Owner whose Bond is called for redemption may object thereto, or object to ceseat ion of interest on the redemption date, by any claim or showing that he failed to receive actual notice of call and redemption. SECTION 4.02 F,£Eect of Redemption. When notice of redemption hat been given saber antiaLly as providetl for herein, and when the amount ne tees dry for the redemption of the Honde called for redemption Ls set as ids for that purpose in the Aedempt ion Fund, ae provided for herein, the Ronde designated for redemption shall become due and payable cn the date fixed for redemption thereof, antl upon presentation and eurzender of said Bonds at the place epeciE ied in the notice of redemption, with the form of assignment endorsed thereon executed in Ulank, saitl sonde shall be redeemed and paLd at the redemption px Lce out of <he Redemptlon Fund and no interest will accrue on such sonde or poet Lone of Bonds called Eor redemption aE<er the redemption date specified in said notice, antl the Owners of ouch Ronde so called for redemption after evch redemption date shall look Eor the payment of px inc ipal and premium, if any, of each Bonds or portions of Ronde only to eai.d Aedempt ion Fund. ALl Ronda redeemed shall be cancelled forthwith by the Paying Agent antl shall not he reissued. Upon surrender of Banda redeemed in part, a new Bond or Bonds of the same matucLty oha11 be registered, authenticated and deliveeed to the registered owner at the expense of the Dietr Lct, in the aggregate principal amount of the unredeemed port LO n. All unpaid interest payable at or prior to the date fixed Eoe redemp- tion shall continue to be payable to the r¢apective reg iatered Ownece of such Bonds or their ordee, bat. without interest thereon. SECTION 6.03 P.¢dempt ion Prices and Terms. The provisions of eedempt ion Eor the Bonds shall be as follows: A, OPT ION PL REDEMPTION: The Ronda maturity on or before September 1, 2001, are not subject to optional redemption prior to their maturity. The Sonde maturing on and after September 1, 2002, may be redeemed prior to maturity at the option of the District, 26 from any source of fund e, on any Interest Payment Date on or after September 1, 2001, ae a whole or in part Sn inverse order of maturity and by lot within a single maturity at the following redemption prices, expressed ae a percentage of the principal amount thereof, together with accrued interest to the date of redemption: Redemption Dates Redemption Price September 1, 2001 and March 1, 2002 1028 September 1, 2002 and March 1, 2003 1018 September 1, 2003 and thereafter 1008 In the event the District shall elect to retleem Bonds ae provided in this Section 4.03 A, the District shall give written notice to the Paying Agent of its election so to redeem, the redemption date and the principal amount of the Bonds to be redeemed. The notice to the Paying Aqeni shall be given at least GO but no more than 90 days prior to the retlempt ion date or each eh otter per Lod as shall be acceptable to the Paying Agent. e. MANDATORY REDEMPTION FROM EXCESS PROCEEDS. The fonds are subject to mantletory call antl redemot ion on any Tnteteet Payment Date, prior to maturity in whole or in part, from monies trans- ferred to the Redemption Fund from the Improvement Fund in inverse order of maturity, and by lot within a maturity, at a redemption price equal to principal amount thereof, together with accrued interest to the date of redemption. C. MANDATORY SINKING FUND REDEMPTION. The Bonds maturing on September 1, 2016, will be called for redemption before maturity and redeemed Erom the sinking fund payments that have been deposited into the Bond ServLce Fund on September 1, 2007, and on each September 1 thereafter pilot to maturityr at a redemption price equal to the principal amount redeemed, plus accrued interest to the redemption dater without promium, on the dates and in the aggregaCe pr inclpal amounts listed below; Redemption Date Principal (September 1( Amount 2007 2008 2007 2030 2011 2012 2013 2014 2015 201fi (maturity( Z1 In lieu of such mandatory redemption, the District may elect to purchase, or instruct the Paying Agent to purchase, such Bonds at public or private Bale at such prices as the District may in its discretion determine; provided, that, unless otherw iae autho- rized by law, the purchase price thereof shall not exceed the principal amount thereof plus accrued interest to the purchase date. The principal amount of any Bond eo purchased by the Paying Agent, or by the District and tendered to the Paying Agent, in any twelve month period ending 60 days prior to any November 1 shall be credited towards and shall reduce the principal amount of such Bonds required to be redeemed on ouch principal payment date. To the extent there is a redemption of Bonds pursuant to Section 4.03A of this Indenture, the sinking fund payment schedules indicated above shall be proportionately reduced. S ELECTION OF 80NDE FOR REDEMPTION. If lees than all of the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomLnat ion of more than 55,000 to be redeemed shall be in the principal emou nt of 55,000 or a multiple thereof, and that, in selecting portions of such Bonds for redemption, the Paying Agent shall tree[ each such Bond as representing that number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of each Bond to be redeemed Ln part by $5,000. The Paying Ayent shall promptly notify the District in wr Lt ing of the Bonds, or portions thereof, selected for redemption. ARTICLE VI. SUPPLEMENTAL INDENTU0.E5 SECTZON 5.01 Amendments or Supplements. The Legial at ive Body meyr by adoption of a resolution from time to tLme, and at any time, without notice to or consent of any of the eondholtlere, approve a supplemental Indenture hereto for any of the following purposes: (a) to cure any ambiguity, to correct or euppleinent any provie ion herein which may be inconsistent with any other provie ion herein, or to make any other provision with ceepec! to matters or question= arising under thin Indenture or in any Supplemental Indenture, provided that such action shall not adversely affect the interests of the Bondownere; (b) to add to the covenants and agreements of and the limitations and the restrictions upon the District contained in this Inden- ture, other covenants, agreeme nr s, limitations and restrict loos Lo be observed by the Disl: riot which arr. not contrary to or inconsistent with this Indenture as theretofore in effect; or (c) to motli[y, alter, amend or supplemenC tl'1s Indenture in any other respect which is not ndve rse to the interests of the Bcndownere. 17. Exclusive of the Supplemental Inder,tureg hereto provided for in the first paragraph of this Sect ion 5.01, the owners of not less than 609 in aggregate principal amount of the Bonds then outstanding shall have the right to consent to and approve the adoption by the District of each Supplemental indentures as shall be deemed necessary or desir- able by the DLetrict for the purpose of waiving, modifying, altering, amentling, adding to or rescind in q, in any particular, any of the terms or provisions contained in this Indenture; provided, however, that nothing herein shall permit, or be construed as permitting, (a) an extension of the maturity date of the principal of, or the payment date of interest on, any Bond, or (b) a redact LOn Ln the principal amount of, or redemption premium on, any Bond or the rate of interest thereon without the consent of the affected eOndowner(e), or permit, or be construed as permitting, (x) a preference or priority of any Bond or Bonds over any other Bond or Bond a, ly) a redaction in the aggregate prineLpal amount of the Bonds the Owners of which are required to consent to each Supplemental Indenture, or (z) creating of a pledge of or lien or charge upon the Special Tax Revenues superior t0 the pledge provided for in Section 2.02 hereof, without the consent of the Owners of all Bonds then Outstanding. If at any time the District shall desire to approve a Supplemental Indenture, which Pursuant Co the terms of this Section 5.01 shall require the consent Of the Bondowners, the District shall so not Lfy the Paying Agent and shall deliver to Che Paying Agent a copy of the proposed Supplemental Indenture. The Paying Agent shall, at the expense of the District, cause notice of Che proposed Supplemental Indenture to be mailed, poet aoe prepaid, to all Bo ndownere at their addressee as they appear in the bond reyigter. Such notice shall briefly set forth the nature of the proposed Supplemental Indenture and shall et ate that a copy thereof ie on file at the principal corporate trust office of the ?eying Agent Eor inspect ion by all Bondowners. The failure of any eondowner to receive such notice shall not affect the validity of such Supplemental Indenture when consented t0 and approvetl as in this Section 5.01 provided. Whenever at any time wichin one year after the date of the first mailing of such notice, the Pay Lng Agent eha 11 receive an instrument or instru- ments purporting to be executed ny the owners of not lees than 609 in aggregate principal amount of Che Bonds then outstanding, which in et rument or Snet rumente eha 11 refer to the proposed Supplemental Indenture described in each notice, and shall specifically consent to the approval thereof by the Legislative Body au betant Tally in the Eo rm o£ the copy thereof referred to in such Notice as on file with the Paying Agent, such proposed Supplemental Indenture, when duly approved by the Leyislative Body, ?hall therea ft er become a part o£ the proceed in qe for the is auance of Che Bond e. In determining whether the Owners of 609 of Che agyregate principal amou nC of the Bonds have consented Co the approval of any Supplemental Indenture, Bontls which are owned by the diet rict or by any person directly of indir¢ctly controlling or controlled by or under the direct or indirect common control with the District, eha 11 be die regarded and shell be treated ae though they were not outstanding far the purpose of any such det arm Snat ion. 7.9 Upon the approval of any Supplemental Indenture hereto and the receipt of consent to any Hoch Supplemental Indenture from the owners of the appropriate aggregate principal amount of Bootle in instances where such consent ie required pursuant to the provisions of this Section 5.01, this Indenture shall be, and shall be deemed to be, modified and amended in accordance therewith, and the respective right e, duties and obligations under this Indenture of the District and all Owners of Bonds then outstanding shall thereafter be deter- mined, exercised and enforced hereunder, subject in all rte petit to such mod if lc ations and amendments. Notwithstanding anything herein to the contrary, no Supplemental indenture shall be entered into which would modify the dot lee of Che Paying Agent hereunder, without the prior written consent of the Payiny Agent. ARTICLE V3. MISCELLANEOVE CONDITIONS SECTION 6.01 Owneeahip of Banda. The pare on in whose ndme any Bond eha ll be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal ana redemption premium, if any, of any each Bontl, and the interest on any such Bond, shall be made only to or upon the order of the registered Owner thereof or hie legal representative. All such payments shall be valid ana effectual to eatieEy and diecharg~ the liability upon such Bond, includlny the redemption premium, Lf any, antl interest thereon, to the extent of the sum or sums ao paid. SECTION 6.02 Mutilated, Lost, Destroyed or Stolen Bonds. IE any Bond shall become mutilated, the Paying Agent shall authenticate and deliver a new Bond of like tenor, date and maturity in exchange and eubet itut ion for the eontl eo mutilated, but only upon surrender to the Paying Agent of the Bond eo mutilated. Every mutllatecl Bond eo surrendered to the Peying Agent shall be cancelled. If any Bond shall be Lost, destroyed or stolen, evidence of each lose, destruction or theft may be submitted to the Paying Agent and, if each evidence ie satisfactory to the Paying Agent and, if an indemnity eetiefactory to the Paying Agent shall be given, the Paying Agent shall authent lcate and deliver a new Bond of like tenor and maturity, numbered and dated ae the Paying Agent shall determine Ln lieu of and in eubetitution for the Bond ao to et, deetroyetl or stolen. Any Bond ie euetl under the provisions of this Section 6.02 In lieu of any Bond alleged to have been loot, destroyeJ or stolen shall be equally and proportionately ant It led to the benefits hereof with all other Bonds aecuted hereby, The Peying Agent shall not treat both the original Bond and any replacement Bond as be log Ovtetandiny for the purpose of determining the principal amount of Bonds which may be executed, authenticated and delivered hereunder or for the purpose of determining any percentaye of Banda outstanding hereunder, but both the original and replacement Bond ehal.l be treated ae one and the same. 24 SECTION 6.03 Cancellation of Bonds. All Bonds paid or redeemed, either at or before maturity, shall be cancelled upon the payment or redemption of such Bonds, and shall be delivered to the Paying Agent when each payment or redemption ie made. All Bonds cancelled under any of the provisions of Chia Indenture shall be aeetroyed by the Paying Agent, which shall execute and provide the District with a certificate of destruction. SECTION 6.04 Covenant e. As long ae the Bontle are outstanding antl unpaid, the Issuer, acting on behalf of the District, shall (through its proper members, officers, agents or employees) faitnful7y perform and abitle by all of the covenant e, antl agreements for the benefit of the Band- owners which are necessary, convenient and desirable to secure the Bonds and will tend to make them more marketable; provided, however, that, except for {c) below, said cevenante do not require the District to expend any funds other than the Special Taz Revenues. (a) The Cietrict wil} review the public recoide of Lhe County of San Bernardino in connection with the co llec[ion of the Special Tax not later than June 1 of each year to determine the amount of Special Tax collected in the prior Fiscal Year; and if the amount eo collected is lees than ninety Eive percent (958) of the amount of the Spacial Tax levied In such Fiscal Year, District wi}1 institute foreclosure proceedings not later than the succeeding November 1 as authorized by the pct in order to enforce [he lien of the delinquent installments of the Special Tax against each separate lot or parcel of land in the District antl will dil ig¢ntly prosecute and pursue such foreclosure proceetlinga to judgment Bale. Initiation of each foreclosure pro[ eedinge may be deferred if the amount on depoe It In the Reserve Fund ie maintained at a level at least equal to the Reserve Requirement. Notwithetand ing the foregoing, if the Special Tax on any parcel is in excess of $10,000.00 oc the aggregate tax on any parcels owned by a single owner ie In excess of 510,000.00, then the District will review the records no late[ than February 1 and June 1 of each year to detarm ins if there ie any delinquency with respect to the payment of the Special Tax on each parcel or parcels, end, if any amount is de}inquent, the District will commence within 150 days of the de}inquency and diligently prosecute and pursue foreclosure proceedings sea in et each parcel or parcels to judgment sale. (b) The District shall preserve and protect the security of the Bonds and the rights of the Bondownere and defend their rights a gainet all claims and demands of all persona. Until such time as an amount has been set acid? sufficient to pay Outstanding Bonds at maturity or to the data of redemption if redeemed prior to maturity, plus unpaid interest U~erecn and premium, iE any, to maturity or to the date of ::ed em pt ion if redeemetl prior to maturity, th¢ District will fa;.ihfully perfn[m and abide by all of the covenants, undertakings and ocovisione contained in this Indenture or in any Bond issued Hereunder. 25 (c) The District will diligently carry out and continue to comple- tion with all practical dispatch, the acquisition or construc- tion of the Project in accordance with the Act and the proceed- inga for the formation of the District and in a sound and economical manner. The Project to be acquired or constructed may De modified as provided in the Act, Dut no modification may be made which would substantially impair the security of the Bands or the rights of the Rondowre rs. The Issuer will maintain the Proj act in accordance with customary and reaeonab le mainte- nance and repair practices for such facilities. (d) The District will not issue any other obligations payable, principal or interest, Erom the Special Taxee which have, or purport to have, any lien upon the Special Taxee superior to or on a parity with the lien of the sonde herein authorized; provided, however, that nothing in this Indenture shall prevent the District from issuing and selling, pursuant to law, refund- ing bonds or other refunding obligations payable from and having a fir et ILen upon the Special Taxee on a parity with the out of and Lng Bonds, if ouch refunding bonds or other refund log obligations are issued for the purpose of, and ore au fflcient for the purpose of, refunding all of the Bonds authorized by this Indenture and then Outstanding. (e) The District will duly and punctually pay or cause <o be paid the principal Of and interest on each of the Bonds issued hereunder on the date, at the place and in the manner provided in said Bonds, solely from the Special Taxee and other footle as may be herein provided. (f) The Leg ielative Body will each year levy the Special Taxee described in Ordinance No. ?97, to the extent necessary and permitted by the Act and these proceedings in order to yield the required debt service payme nt e, to replan Leh the Reserve Fund ae provided for herein, t0 pay for authorized Admin isirative Expenses, and to pay Eor additional services authorized to De provided by the District. (g) The Dietr tut will at all times keep, or cause to be keptr Proper and current hooka and accounts (saps ra is from all other records and dccounte) in which complr.kn and acts rate entries eha L1 be made of al) transactions relating to the acquieit ion or construo- tion of the Project and the Special Tax revenues and other Eu ode herein provided for. (h) 1'he District will not directly or indirectly u6e or permit the vas of any proceeds of tns Rn n•.I^ or any other funds of Che Oietrict or take oc om i.t to take any action that would cause the Bonds to be "private activity bond e" within the meaning of Section 141 0[ the Code, or obligations which are "federally guaranteed" within the meaninu of Section 149(b) of Che Code. The District will not allOr, [ivy percent ESN) or mare of the proceeds of the Bonds to be ueetl in the trade or business of any non-yovernmentel units and will not loan five percent (SP) or more of the proceeds of the Bonds to any non-gover nmental uo Lt s. 26 The Diatr let covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross Income of the interest on the Bontle under Section 103 of the Code. The District will not directly yr indirectly use or permit the use of any proceeds of the Bonds or any other funds of the District, or take or omit to take any action, that would cauee the Bonds to be "arbitrage bonds" within the mean inq of Section 14R(a) of the Code. To that end, the District will comply with all requirements of Section 14R of the Code to the extent appl lc able to the Bonds. Zn the event that at any time the District ie of the opinion that Eor purposes of this Section Lt is necessary to restrict or limit the yield on the investment of any monies held under this Indenture or of ha rwiae the District shall eo inetnict the Treasurer in writing, and the Treasurer shall take each action ae may be necessary in accordance with such instructions. Without limiting the generality of the foregoing, the Dietr ict agrees that there shall be paid From time to time all amoun<e requ Lred to be rebated to the united States of America pursuant to Section 148(f) of the Cod¢ and any temporary, proposed or fLnal Treasury Regulations as may be applicable to the Bonds from time to time. This covenant shall eurv ive payment in Eu 11 or def eaeance of the Bonds. The District epecif lcelly covenants to pay or cause to be paid to the United States of America at the tlmee and in the amounts determined undeY Section 3,08. Notwithstanding any provision of this Section, Lf the District shall provide to the Trea au rer and Paying Agent an opinion of Bond Counsel to the effect that any action required under thle covenant le no longer required, or to the effect that some further action is eequ fired, to maintain the exclusion from gross income of the Interest on the Bonds pursuant to Section 103 of Che Code, the Treaeu rer may rely cone lualvely on such opinion Ln complying with the provisions hereof, and the covenant hereunder shall be deemed to be modified to that extent. (i) The District shall tlo and perform or cauee to be done and performed all acts end things required to be done or performed by or on behalf of the Dietr ict under the prow la lone of this tnde nt are. The District warrants that upon the date of execu- tion and delivery of the Bonds, the conditions, acts and things required by law and this Indenture to exist, to have happened and to have been performed precedent to and in the execution and delivery of such Bonds tlo exist, have happened and have been performed and the execution and delivery of the Bonds shall comply in all respects with the applicable laws of the State. (j) The District shall not directly or find Lr ectly extend the maturity dates of the Bonds or the time of payment of intereet with respect thereto. Nothing herein shall be deemed to ltm it the rlg ht of the District to issue any aecurit iea Eor the purpose of prow Sd ing funds Eor the redempt Ion of the Honda end such Issuance shall not b¢ deemed tv toner ltu to an extension of the mates; Lty of the Bonds. 27 SECTION 6.05 Arbitrage Certificate. On the basis of the facto, eat im at ee and circumstances now in existence and in existence on the date of issue of the Bonds, ae determined by the Treasurer, said Treasurer ie hereby authorized to certify that it ie not expected that the proceeds ut the Bonds will be used in a manner that would cause the Bands to be arbitrage boucle. Such certification shall be delivered to the purchaser together with the Bonds. SECTION 6.06 Defeaaance. The right, title antl iota rent of the Paying Agent and Owners in the funds, accounts and aubacc ou nts created by this Indenture shall cease, terminate and become void when: A. (1) the Bonds secured hereby have become due and payable in accordance with their terms or othe[wiee ae provided in th is Indenture, and the whole amount of the principal antl the interest and premium, iE any, so due and payable upon all Bonds have been paid or (2) if the Paying Agent holds money or non-callable Government obligations, or a combination of both, that are sufficient in the aggregate to pay the principal oE, and the interest and redemption premium, if any, on all Bonds then Outstand- ing to the maturity date or dates of such Bonds or to the date or dates specified for the redemption thereof, and if the Bonds are due and payable by reason of a call for redemption, irrevocable instructions to call the Bonds for redemption eha 11 have been given by the District to the Paying Agent, and B. Sufficient funds shall also have been provided or prow ieion made Eor paying all other obligations payable hereunder by the D letrict. Notwithstanding the foregoing, iE money, non-callable Government Obligations, Or a comb lost ion of both, are deposited with and held by the Paying Agent ae here in above provided, and within 30 days after such money, Government Obligations, or a combination of bothr have been deposited with such Paying Agent, the District, in addition to obaerv Lnq the requirements of Section 6.00 of this Indenture, causes a notice signed by Che Payiny Ayent to be mailed to all Owners aEfec[etl, setting forth (1) the date designated for the redemption of the Bonds, (2) a description of the mcney and Government Obligations eo hold by the Paying Agent, and ~J) that the right, title and interest of the Paying Agent and owners in the Eunde, accou me and subaccounts have ceased, to rminatetl and become void, then the Paying Agent shall retain such riyhte, powers and privileges under ih i» intlentu re as may be necessary and convenient in re apart of the Bontls for the payment of the principal, interest and any premium on which such money and Government Obligations have been deposited. A1L money and Government Obligations held by the Paying Agent pursuant to this Section shall be held in trust and applied to the payment, when due, of the Bonds and ohl igat ions payable therewith. 76 For, purposes of this Section 6.06, Government Obligations shall be deemed to be sufficient to pay or redeem Bonds on a specified date if the Paying Agent receives a verification report of a nationally recognized independent certified public accountant retained by the District determining that the principal of and the interest on such Government Obligations, when due, will be sufficient to pay on such date the principal of, and the premium, if any, and interest due on such Bonds on each date. SECTION 6.07 Paying Agent. The Issuer and District hereby appoints Bank of America Nat tonal Trust and Savings Association es Paying Agent for the Honda. The Paying Agent ie hereby authorized to and shall mail int arse[ payments to the Bondholders, select Bonds for redempt Lon, give notice of redemption of Bonds and maintain the Bond Reg later. The Paying Agent is hereby authorized to pay Che principal of and premium, if any, on the Honda when the same are duly presented to it for payment at maturity or on call and redemption, to provide for the rag iet ration of transfer antl exchange of Honda presented to it for such purposes, to provide Eor the cancellation of Bonds all ae provided in this Indenture, and to provide For the authentication of Bonds, and shall perform all other duties assigned to or lmpoeetl on it ae provided in this Indenture. The Paying Agent shall keep accurate records of all Honda paitl and discharged by it. The DieCrict shall from time to time, subject to any agreement between the DietrLCt and the Paying Agent then in farce, pay to the Paying Agent compene ation for its services, reimburse the Paying Agent for all lte advances and expenditures, including, but not limited to, advances to and fees and expenses of independent accountants or counsel employed by it in the exercise and performance of its powers and duties hereunder, and indemnify and holtl the Paying Agent harmless against expenses and liabilities not arising from Lts own negligence or willful misconduct which 1G may Incur in the exercise and performance of its powers and duties hereunder. The District may at any time at its sole discretion remove the Paying Agent to itially appointed, and any succee eor thereto, by delivering to Che Paying Agent a written notice of its darts ion to remove the Paying Agent and may appoint a successor or euccee sore thereto; provided that any each au cceeso r, other than the Treasurer, shall be a bank or trust company having a combined capital (exclusive of borrowed capital) and surplus o[ at least fifty million dollars 1$50,000,000), and subject to supervision or examination by Federal or State authority. Any removal shall become effective only upon acceptance of appointment by the successor Paying Agent or the Tres^urer. If any bank or tn,et company appointed ae a successor pu bliehes a report of condition at least annually, pursuant to law or to the raga iremen[s of any eupervisin? or examin ing authority above referred to, then Eor the purposes of this Section the combined capiCal and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as ast forth in its most recent report of condition so publ iehed. 29 The Paying Agent may at any time resign by giving written notice to the District antl by giving to the owners notice of such resign at lon, which notice shall be mailed to the owners at their addresses appear- ing in the regietrat ien books in the office of the Paying Agent. Upon receiv ing each notice of resignation, the District shall promptly appoint a successor Paying Agent by an instrument in wr Lt ing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective only upon acceptance of appointment by the successor Paying Agent. SECTION 6.08 Liability of Pay inq Agent. The recitals of fact and all promises, covenants and agreements contained herein and in the Bonds shall be taken ae statements, promisee, covenants and agreements of the Issuer or District, end the Paying Agent assumes no reaponeibil icy for the co rr ectneee of the same and makes no representatlone ae to the validity or sufficiency of this Indenture or of the Bonds, and ehal7 incur no responsibility in respect thereof, other than in connection with its duties or obligat io ne herein or in the Bonds or in the certi- ficate of authentication in the Bonds. The Paying Agent shall be under no reeponelbility or duty with respect to the lseuance of the Bonds. The Paying Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Paying Agent shall be protected in acting upon any notice, resolu- tion, requ set, consent, order, certificate, report, Bond or other paper or document believed by it to be penulne and to have been signed or presented by the proper pasty or parties. The Paying Agent may consult with counsel, who may be counsel to the District, with regard to legal questions, end the opinion of each counsel shall be full and complete authorization and protecticn In respect of any action taken or euf Eared hereunder in gootl faith and in accordance therewith. whenever in the administration of its duties under th le Indenture, the Paying Agent shall deem it necessary or deelrable that a matter be proved or eetabliehed prior to taking or suffering any action hereunder, such matter ~unleee other evidence In respect thereof be herein epeclf ically preecrLbetl) may, in the absence of bad faith on the part of the Paying Agent, be deemod to be concluely sly provetl and eetabliehed by a wr It ten certificate of the Die tr lct, and each tact if icate eha 11 be full warrant to the Paying Agent for any action taken or suffered under the prov ie ions of this Indenture upon the fa lth thereo E, but in Lte discretion the Paying Agent may, in lieu thereof, accept other evidence of such matter oc may require such additional evidence of such matter or may require such additional evi rlence as to it may seem reasnnahle. The Payiny Agent shall have nn duty or obligation to enforce the collection of funds to be deposited with it hereunder or as to the correctness of any amounts received, and its llab it ity shall be limited to the proper accounting for sash funds ae it actually receives. 30 SECTION 6.09 Authority to Increase the Special Tax L vy. In the event that a portion of the propert}' within the District shall become exempt, wholly or partially, from the levy of the Special Tax specified in ordinance No. 397, the Legislative Body shall, on behalf of the District, increase the levy to the extent necessary and permitted by law and these proceedings upon the remaining property within the D ietr ict which le not delinquent ar exempt in order to yleltl the required debt service payment a. SECTION 6.i0 Provisions Constitute Contract. The provieione of this Indenture shall constitute a contract between the District and the Bondownere and the provieione hereof shall be enforceable Dy any Bondowner for the equal benefit and protection of all Bondownere aim ilarly situated by mandamus, accounting, mandatory injunction or any other suit, action or proceeding at law or in equity that is now or may hereafter be authorized under the laws of the State in any court of competent jurisdiction. Said contract is made antler and is to be con et ru ed in accordance with the laws of the State. No remedy conferred hereby upon any Bondowner ie intended to he exclusive of any other remedy, but each such remedy is cumulative and in addition to every other remedy antl may be exercised without exhausting and without regard to any other remedy conferred by the Act or any other law of the State. No waiver of any tlefault or breach of duty or contract by any 9ontlowner shall of Eect any subse- quent default or breach of duty or contract oc shall impair any rights or remndiee on said eubeequ ant default or breach. No delay or omission o£ any Bondowner to exercise any right ox power accruing upon any default shall impair any each right or power shall be construed as a waiver of any each default or acqu ieecence therein. Every eubetant ive right and every remedy conferred upon the Bond- ownere may be enforced and exercised as often as may be deemed expedient. In roes any au 1[, action or proceeding to enforce any right or axe r~ iae any remedy shall be brought or taken and the flond- owner shall preval 1, ea ltl Bontlowner shall be ant Lt led to receive from the Special Tax Fund reimbursement for reasonable costa, expeneas, outlays and attorney's fees and ehou ld ea id suit, action or proceed- ing be abandoned, or be determined adversely to the Bondownere then, and in every such case, the Diot rict and the Bondownere shall be restored to their former posit lone, rights and remedies ae if each suit, action or proceeding had not been brought or taken. After the ie euance and delivery of the Sonde this Indenture shall be irrevocable, but shall be subject to modification to the extent and in tl;e manner provided in this tndentu re, but to no greater extent and in no other manner. SECTION 6.11 CI15IP Numbers. CUSIP identification numbers will be imprin tad on the Bonds, but such nambere shall not roost itute a part of the contract evidenced by the Ponds and no liahility shall herea Et er attach to the Issuer, the ^istrict, oc any of the officers or agents thereof becau ae of eo on account of said nambere, Any error or omission with respect to said numbers shall not constitute cause for refusal by the 9u cceeeful bidder to accept delivery of and pay for the Donda. J1 SECTION 6.12 severability. If any covenant, agreement or provision, or any portion thereof, contained in this Indenture, or the application thereof to any per eon or circumstance, ie held to be unconstitu- tional, invalid or unenforceable, the remainder of this Indenture and the application of any such covenant, agreement or provision, or portion thereof, to other pe reone or circumet antes, shall be deemed severable and shall not be affected, and this Indenture and the Bonder i eeued pursuant hereto shall remain valid and the Bondholders shall retain all valid rights and benef ire accorded to them under this Indenture and the Constitution and laws of the State of California. ZE the provie lone relating to the appointment and duties of a Paying Agent are held to be unconet itutiona 1, invalid or unenforceable, said duties shall be performed by the Treaeu re r. SECTION 6.13 Unclaimed Honey. All money which the Paying Agent shall have receivetl from any source and set aside for the purpose of paying or redeeming any of the Bonds shall be held in true[ for the respective owners of such Bonds, but any money which shall be eo set aside or dapoe ited by the Paying Agent antl which shall remain unclaimed by the Owners of such Bonds for a period of one year after the date on which any payment or re dam pt ion with respect to each Bonds shall have become due antl payable she 11 be transferred to the General Pund of the Oist rlct; provided, however, that the Paying Agent, before making such payment, shall cause notice to be mailed to the Owners of such Bonds, by Eiret-class mall, postage prepaid, and by a single publlce- tion in The Bond Buyer not lens than 90 days prior to the date of such payment to the effect that as id money has not been claimed and that after a date named therein any unclaimed balance rf Bald money then remaLning will be transferred to the General Fund of the District. Thereafter, the Owners of such Bonds shall look only to the General Fund of the District for payment and then only to the extent of the amount eo receivetl without any interest thereon. SECTION 6.14 NonPresentment of Bonds. Except ere of herwiee provided in Section 6.13 hereof, in the event any sonde shall not be presented Eor payment when the principal thereof becomes sue, if Eunda Buff Lclent to pay such Bootle shall be held by the Paying Agent for the benefit o£ the Owners thereof, all llab ility of the District to the Owners thereof shall forthwith cease and be completely discharged and there- upon it shall be *.he duty of the Paying Agent to hold such Eu ode (subject to Section 6.13 hereof 1, without liability for interest thereon, for the benefit oC the owners of such Bonds, who shall there- after be restricted exclusively to such funds for any claim of whatever nature on, or with respect to, such Bonds. ARTICLE VII. 90N0 FORM SECTION i. 01 Form of Bo nd g, The format of the Bonds as authorized and to be issued for these proceedings shall be substantially in the form ere set forth in the attached, referenced and Lncorporated ExhLbit "C". 37. SECTION 7.02 Temporary Bonds. Any Bonds issued antler Chia Intlenture may be initially issued in temporary form exchangeable for definitive bonds. The temporary bands may be printed, lithographed or typewritten, shall be of such denominat ions ae may be determined by the Issuer on behalf of the Die tr ict and may contain each references to any of the provisions of this Intlenture as may be appropriate. Every temporary Bond eh all be executed and sealetl by the Diet tict in aubetentially the same manner as prpvided in Section 2.06 hereof. If the Uietrlct ieeue6 temporary Bontls, it will execute and furnish definitive Bonda without delay and thereupon the temporary Bonda may be surrendered for cancellation at the principal corporate trust office of the Paying Agent in Loe Angeles, California, antl the District shall deliver in exchange for each temporary Bonda an equal aggregate principal amount of tlef in itive Bontle of the same interest rates and maturities. Until eo ex ch anyed, the temporary Bontle shall be entitled to the same benefits under this Indenture as definitive Bonds issued hereunder. IN NITNEBS WHEREOF, the District has executed this Eund Indenture effective the date first above written. CITY OF RANCHO CUCAMONGA, ON BEHALF Of COMHUNITY FACILITIES DISTRICT NO. 88-2 ey: CITY MANAC ER 33 EAHIRIT "A" PAYMENT REQUEST FOAM (Attach duplicate original of Payee's statement(s) or invoice(s)I PROGRESS PAYMENT FVLL/FINAL PAYMENT The Treasurer is hereby requested to pay from the Community Facilities Improvement Fund eetabl fished by the Bond Indenture dated ae of December 1, 1991, to the person, corpocat ivn or other entity designated below as Payee, the sum set Corth below each designation, .in payment of the [Project Coats] ~COets of IssuaneeJ described below. The amount shown below fie due and payable under a purchase order, contract or other auGhorixat ion with respect to the [Project Costs? [Coate of Iesua nce] described below and has not formed the basis of any prior request for payment. Payee: Address: Amount: Deecript ion of Pro ject CoeteJ (Coate of Ieeu ance~ or portion thereof accepted by the City of Rancho Cucamonga on behalf of Community Fac ilitiee Dlsir lct No. BB-1, and authorized to be paid to the Payee: Executed by Authorized Repreee nt ative of the city of Rancho Cucamonga on behalf of Ccmmunity Fac ll it lee OLetrict No. BR-2 Dated: Payment Request No. Signature: Name: Title: 74 EurxuxT ^R^ ADMINISTRATIVE E%PENSE PAYMENT REQVEST FOAM (Attach duplicate orl91na1 of Payee's statement(s) or involce(e)) ( ) PROGRE 55 PAYMENT ( ) FULL/FINAL PAYMENT The Treasurer is hereby requested to pay from the Atlmin Letcative Expense Fund established pursuant to the Bond Indenture dated ae of December 1, 1991, to the person, corporation oz other ant Lty designated below ae Payee, the sum set forth below such deeignat ion, in payment of the Administrative Expense described below. The amount shown below ie due and payable under a pu rchaee order, contrnct or other authorization with respect to the Adminletrat ive Expense tleecrtbed below and has not formed the basis of any prior request for payment. Payee: Address: Amount: $ Description of Adminletretlvs Expense or portion thereof accepted by Community Facilities District No. AB-2 of the City of Rancho Cucamonga and authorized to be paid to the Payee: Executed by th¢ Authorized Representative of the city of Rancho Cucamonga on behalf of Community Facilities District No. RA-2 S Lgnature: Name: Datetl: Title: Payment Request No. 75 E'd11IBIT +C. No• FORM OF BOND ~~ UNSTATE OF TCAL OF ERICA 5' IFORN I,q CO CITY OF RANCHO CUCAMONGA MMVNITY FACILITIES DIS TA ICT NO, 99 INTEREST SPECIAL TAJ( BON 2 A_ A`,T= D MATURITY D~~ RECIS TERED Ck'NER: D,= CUSIp NO. PRINCIPAL AMOUNT: _` and EIVEDai hereb ua~ d~ nCeh~MON fit, COMMU Y FAC Do a car n Y Lae °u Y of NIT liar re aemiannu and rto Daher to eas ahaj9nalle let hero mt he eDtat rictXe e° (aa here la.B FOR VALUg amou ereet lPaYment ach March rl at °urnauchr Prov(detl~r the ate et f rthe4leteredefow edl if apt hereof ie Date") at ~ nd September rrn ciPal amo PrLnciPal a above, unl net the Y °n Chis Paiq or matl he intereet 1' commenc, ant from mount set eee maturity rod Srate9ndofr~e PeYn ble at Olable fora PaYmen fo th abovember Pt 1992 1' l9gyh n9 n'o,al True ee ap d°Saat 9s ecPrinPO,n hPreaen ratio it entleheher enCiP nl iof rand Prre Pal q ante in Pal n of ~ftr the h drbYish +P dt cw aer• Pa ta9e 1Ptepa id?Yabl ee bY(eclee °fCal ifo nl aankh of Amea tat -QUc st op nth Precedri 9 Agent a9dre ea ae it mailed to the or draft of the "Paying ~inental Un oed lean ef~ stn lea nt rS1t000 p0at D~leafth sn on then l5t at ra ti on hba epf states deelgnat tle biatelY ava it ab gre9ate Princ d Date c)lo der Cgy Y each Bondowne le funtle to iPal amount upon r' an acc °f the ount to the 3A This Bontl is one of a duly authorized issue of the "City of Rancho Cucamonga, Community Fac Ll Lt iee District No. 88-2 Special Tax Bonds" (ChB "Ronda") issued in the aggregate principal amount of 5 pursuant to the Mello-Roos Community Facilit iee Aet of 1982, cone[it uting Sections 53311 et sue. of the California Government Code, as amended (the "Act"), For the purpose of financing cextain improvements in the District (the "Project"i. The creation of the Bonds and the terms and cord itions thereof are provided for by a Bond Indenture (the "Indenture") dated ae of December 1, 1991, and this reference incorporates the Indenture herein, and by acceptance hereof the owner of this Bond assents to said terms and Condit tone. ALl capitalized terms used herein she 11 have the same meaning ae set forth in the Indenture unless otherwins specified herein. The indenture ie authorized under, this Bond is issued under, and both are to be conatru ed in accordance with, the laws of the State of California. Pursuant to the Act and the indenture, the principal of, premium, Lf any, and interest on this Band are payable solely from, and shall be seta red by a pledge of and lien upon, (i) the annual special taxes authorized under the Act to be levied on propecty lying with the ^ietriet (the "Special Taxes") plus (ii) proceeds from the sale of propeety collected pursuant to the foreclosure prov ieione of the Act and the Indenture for the delinquency of such Special Taxes. Interest shall be payable semi-annually on each Interest Payment Date, and all sonde shall bear interest from the Interest Payment Date next preceding the date on which it ie authenticated and registered, unless ea id Band is authenticated and reg iatered after a Aecoed Date and before the close of but inens on the next Interest Payment Date, in which case it shall bear interest from said Interest Payment Date, or unless said Bond is authenticated and reg iatered on or prior to the first Record pate, in which case it shall bear interest from its date; provided, however, that if at the time of authentication of a Bond, interest is in default, interest on that Bontl shall he payable from the last Interest Payment Date to which the interest hat been paid or matle available for payment. Any tax for the payment hereof shall be limited to the Special Taxes, except to the extent that Frovis ion for payment has been made by the Legislative Body of the District, ae may be permitted by law. The Bonds do not constitute obi igatione of the City o£ Rancho Cucamonga (the "CLty") or the District for which the City or the District ie obligated to levy or pledge, oc hat levied or pledged, general or special taxation other than ae deecr Lbed hereinabove. The Dietr lct wl.ll review the public records o[ the County of San Bernardino Ln connection with the collection of the spec Lal Tax not later than Augu et 1 of each year to determine the amount of Special Tax collected In the prior Fiscal Year; and if the amount ee collected ie lase than ninety Eive percent (95P) of the amount of the Special Tax levied in such Fiscal Year, Diatr icC will institute foreclosure proceed inye noC later than the succeeding November 1 as authorized by the Act in order Co enforce the Lien of the delinquent in etallmenta of the Special Tax agai net each eepa rate lot or parcel of land Ln the District and will diligently prosecute and pursue such foreclosure proceedings to judome_nt Bale; provided, however, In Lt tat ion of ouch forecloeu re proceedings may be deferred iE the amount on depeelt in the Reserve Fund is maintained at a level equal to the Reserve Requ lrement. 37 OPTIONAL AED£HPTION: The Ronde maturing on or befor¢ September 1, 2001, are not subject to optional redemption prior to their matu sty. The Bonds maturing on and after September 1, 2002, may be redeemed prior to maturity at the optior, of the District, from any source of funds, on any Interest Payment Date on or after September 1, 2001, ae a whole or in part in inverse order of maturity antl by lot within a single matux Lty at the follow ing redemption pzicee, expressed ae a percentage of the principal amount thereof, toyether with accrued interest to the date of redemption: Redemption Dales Redemption Pri<e September 1, 2001 and March 1, 2002 1028 September 1, 2002 and March 1, 2003 1018 Bept¢mber 1, 2(103 and thereafter 1008 In the event the District shall elect Lo redeem bonds as provided in the Indenture, the Die[r ict shall give written notice to the Paying Agent eE its election eo to redeem, the redemption date and the principal amount of the Bonds to be redeemed. The notice Co the Paying Agent shall be glv en at least 60 but no more Chan 90 days prior to the redemption date or such shorter period ae eha 11 b¢ acceptable to the Pay inq Agent. MANOATOAY REDEMPTION FROM E%CEES PROCEEDS. The Bonds are subject to mandatory call and redemption on any Inteieet Payment Dat¢, prior to maturity in whole or in part, from monies Iran eferred to the Redampt ion Fund from the Improvement Fund and/or the Escrow Fund pu rauaht to the Inds nture, in inverse order of maturity and by lot within a maturity, aG a redemption px ice equal to principal amount thereof, together with accrued interest to the date of redemption. HANDATOAY SINKING FUND REDEMPTION. The Bonds maturing on Septemb¢x 1, 2015, will be called for retlempt ion before maturity and redeemed from the oinking fund payments Ghat have been tlepoe it ed into the Bond Serv ice Fund on September 1, 2007, and on each September 1 thereafter prior to mat ut Sty, at a rodempt Lon price equal to the princ lpel emeunt redeemed, plus eccrued Lntereet [o the retlempt ion dote, wit hoot premium, on the dates entl in the aggregate pc incipal amounts listed below: Aedempt ion Date Pr inc lpal (September 1) Amount 7.007 2000 2009 2010 2011 2012 2017 201M1 2015 7.016 (maturiC y) In lieu of such mandatory sink my fund redemption, the DiatC ict may elect to ~u rchaee, oe insi curt the Paying Agent to purchase, such Ronde 8t public, or private ea le at such prices as the Distr Sct or the paying Agenr„ as the case may 6e, may in 3A their discretion tletermine; provided, thatr unless othetwiee authorized by law, the purchase price thereof shall not exceed the principal amount thereof plus accrued interest to the purchase date. To the extent there ie en optional cedempt ion of Bonds pvrev ant to the Indenture, the mandatory oinking fund payment echedu les indicated above eha 11 be propor- tionately reduced. Notice of redempt ion with reepect to the Bonds to be redeemed shall be given to the rag ietered owner thereof at least 30 but not more than 60 days prior to the redemp- tion date, by first class mail, postage prepaid, at their addressee appearing on the Bond Rag iater at the close of bueineae on the day before such redemption notice le given. This Bond shall be issued only in fully rag ietered form in the denominations of 55,000 or any integral multiple thereof. Each regietrat ion and transfer of regLet rat ion of thin Band shall be entered by the Paying Agent in books kept by it for this purpose and authenticated by its manual signature upon the certificate of authentication and registration endorsed hereon. No transfer hereof shall be valid for any purpose anises made by the registered owner, by execution of the form of assignment endorsed hereon, and authenticated ae herein provided, and the pri ncipai hereof, interest hereon and any redemption premium shall be payable only to the rag ietered owner or to such owner's order. Ir.t Brest on this Bond shall be payable to the person whose name apps are upon the 8ontl Register ae the ragleteretl owner hereof as of the close of bueineae on the 15th day of the month preceding the Interest Payment Date, or to such person's order. The Paying Agent eha ll. require the Bondowner requesting transfer or exchange to pay any tax or other governmental charge raga lred to be paid with reepect to such trans Eer or exchange. The Paying Agent shall not be required to regie[e r, transfer or make exchanges of (i) Bonds for a period of 15 days next preceding the date of any selection of Banda to be redeemed, (ii) any Bo nde chosen for redempt Lo n, or (iii) Bonds for a period of 15 days next preceding any Interest Date Payment. Addit Lonal bontls may be issued, subject to the lim it.at io ns set forth In the Inden- ture, which rank on a parity with the Bond e. This Bond shall not became valid or obligatory Eor any Purpose until the certificate of authentication and r.he regie teat ion hereon endorsed shall have been dated and signed by the Fay ing Agent. IT IS HEHE01' CERTIFIED, ftECITF.D AND DECLARED ghat nil acts, conditions and thingE required by law to axi.st, happen antl be performed precedent to and in the issuance of this Bnnd have ex feted, happened and been po r(orm~d in due time, form and manner as reyuired by law, and that the amount of this Bond, together with all other lndeblednees n[ the District, does not exceed any debt limit prescribed by the laws or constitution of the state of California. 39 IN WITNESS WHEREOFr the City of Rancho Cucamonga, for Community Facilities DiatYiCt No. 88-2 thereof, has caused this Bond to be dated ae of the ISth day of December, 1991, to be signed by the Mayor of the City of Rancho Cucamonga by hie facsimile elgnature and attested by the City Clerk by her facsimile signature. Mayor, City of Rancho Cucamonga for Community Facilit iee District No. 86-2 ATTEST: City Clerk, City of Rancho Cucamonga for Community Facilities District No. 88-2 (SEAL) FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION This ie one of the bonds described in the within defined Indenture. 0ANE OF AMERSCA NATIONAL TRUST AND SAVINGS ASSOCIATION 3e Paying Agent By: Authorized Signatory Date: FORM CF AS SICNM F.NT For value rece ivetl, the undersigned do(es~ hereby seli, assign and tranef er unto _ the within-mentioned registered bond and hereby irrevocably conetitute~s) and appo int(a( attorney, to Cra nefer the same on the books of the Paying Agent with full power of substitution in the premises. Dated: 40 S]CRZBIT ^D^ AREITRAGE RE RATE 1N5 TRUCTIONS Th ie document Beta forth in etructions regarding the investment and dispoa it lon of mon iee deposited in various funds and accounts establ ishetl in connection with the issuance by the City o£ Rancho COCamen ga of its community Facilit iee District No. 88-2 Special Tax Dontla" in aggpeeate principal amount of S ("Ronde^). The purpose of these lnetructione ie to provide the Issuer with information necesea ry to ensure Ghat the investment of the mon iee In the funds and accounts desccLbed herein will comply with the acb itraye requirements imposed by the Internal Revenue Code of 1986 and the regulations issued thereunder. DEFINITIONS For purposes of these instructions, the fo]lowiny terms shall have the meanings set forth below; Dontl Year. 'Phe term ^BOnd Year^ means each 12 mon[h period (or shorter period from the date of issuance) that ends at the close of business on a date eelecCed by the Ieeuer that is either a or Cotle. The term "Code" means [he Internal Revenue Cotle of 1986, as amended. Delivery Date. The term "Delivery Date" means Excess investment Earnings. The term "E xceas Investment Earnin ge" means an amount equal to the sum of: (1) The excess of (a) The eggreyate amount earnetl from the Delivery Date of the Bonds on ell Nonpurpoee Investments In which Grose Proceeds of the Donde are lnveeted, Over (b) The amount that would have been earned iE the Yield on such Nonpurpoee Investments had been equal to the Yield on the Ronde, plus f2) Any income attributable to the excess described in paragraph (1) to determining Ex re es investment Earn in ys, !i) any pain or lose on the dispoeit Lon .f d Nonpurpoee Investment shall be taken into ac'cou nt and (iii any amount earned on a bona fide debt service fund shall not be taken into account. Gross Proceed 9. The term "Grose Proceeds" means the following: (1) original proceeds, i.e., the amount received by the Ieeuer ae a reau It of the Bale oC the Donde and any amou me actually or constructively received from investing the amount received from the sale oC Lhe Donde; Al (2) Amounts, other than original proceeds, in the Reserve Fund and in any other fund established as a reasonably raga iretl reserve or replacement fund; 131 Amount e, other than as apecif ied above, that are reasonably expected to be or are used to pay debt service with respect to the Bands; and, (4) Amounts received as a result of invest inq amounts described above. Inve at ment Property. The term "Investment Property" means any security, obllg ation, annuity contract or investment-type property in which Gross Proceeds are invested, excluding, however, the following: la) Nn itetl States Trea eu ry - State and Local Government Series, Demand Deposit securit Le e; and Ib) tax-exempt obligations. For purposes of these Inetructlona, the term "tax-exempt obligations" shall Snclude only obligations the interest on which is (i) excludable Erom gross income for federal income tax purposes and Ill) not treated as an item of tax preference under Section 57(a)(5) of the Code. The term "tax-exempt obligation" shall, however, also include stock in a "qualified regulated investment company," which le a rorporatlon that (1) is a regulated investment company within the meaning of Section BB1(a) of the Code and meets the requirements of Section B52 (a) of the Code for the taxable year; (ill hoe only one class of stock out horixed and ou tetandin9; (iii) invests all of its assets in tax-exempt oDliget ions (as deE fined above) to the extent practic- able; and (iv) hoe at least 98M of lte yroee income derived Erom inters et on, or gain from the Bale or other disposition oE, tax-exempt obligations, or the weighted average va iue of its ae seta is represented by investments in tax-exempt obligations. Nonpurpo se Investment. The term "Nonpurpo se Investment" means any Investment Pro pe rty which le acquired with the Grose Proceeds of the sonde and le not acquired in order to carry out the governmental purpose of the Bontle. Pu rchaee Price. The term "Purchase Price^, Eor the purpose of computation of the Yield of the Bonds, hoe the same meaning as the term "Issue Price" In Sections 1~73(b) and 1274 of the Code, and, in general, means the initial offering price to the public (not including bond houses and brokers, or aim it ar persona or organize- tiona acting in the capacity of underwriters or wholesale cs) at which price a su betant ial amount o[ each maturity lot lea et 30 Percent) of the Bonds was sold. The Ce rm "Purchase Price", for the purpose of computation of Yield of Nonpurpoee Inveetmente means the fair market value oC the Nonpurpoee Investment on the date of use of Gross Proceeds of the Bonds for acquisition thereo C, or iE later, on the date that Investment Property constituting a Nonpurpo se Investment becomes a Nonpurpoee Investment o[ the Bonds. Rego lotion e. The term "Regular ions" means tempcA'a ry and permanent Regulations promulgated under Section 148 of the Cotl e. Yield. The farm "Yield" means that discount rata which, when used in computing the present value o[ all payments of principal and intawst (or other payments in the rare of Non pu rpoae Investments which require pa yms ntn in a form not characterized as principal antl intereetl on a Nonpurpoee Investment or on the Bontle protlucea an 47 amount equal to the Purchase Peice of each Nonpurpose investment or the Bonds, ail computed as prescribed in applicable Reyulat ions. The yield on Nonpurpoee Inve~t- ments must be computed by the use of the same frequency interval of Compounding interest ae ie used with respect to the condo. REBATE AEQVZREMENT calculation of Excess Investment Eaxn ings. No Later than the last day of the fifth 8o nd Yeaz, each succeeding fifth Bond Year and on the date the last Bond i» diet harq¢d, the Issuer shall calculate or cause to be calculated the Excess Investment Earnings pueeuant to the Code and Regulations. This calculet ion shall be made or caused to be made by the Issuer in accordance with the follow ing ru ice: (1) Foz purposes or calculation of the yield on any rove»tment as zequ iced under these Instructions, the purchase price of the investment will be the fair market price of the investment on an established market. This means that the Issues for the Pay inq Agent acting at the direction of the Issuer} will not pay a premium antl will not accept a lower inteeeet rate than is ueunl ly pai.d to adjust the yte ld on an investment. ~2) The market price of cent Lf lc area vE deposit issued by a commerc iel bank may be regarded as being at a £a it market price iE they see determined by eeference to the bona fide bid price quoted by a dealer why maintains an active secondary market Ln each cart if icates, or, iE no secondary mark¢C eziete, by satisfying subparag xaph (1) below relating to investment agreements. ~3) Investments pursuant to an investment agreement may be regarded ae bring made at a fair market price if (i) at least three (3) bide are eeceived on the investment contract feom persons without an interest in the Bonds; (li) the winninu biddee prov idea a certificate thaCr Uased on ire reasonable expecta- tions on the date the investment agreement ie entered into, investments wiil not be purchased or eo le at a price other than their Feir market value; (iii) the yield on the investment agreement le at 1eaaC equal to the yield offered under the highest bid received from a non-interested pasty; and (ivy the yield vn the investment agreement is at least eyual tc the yield offered on similar contracts. (4) For other investments traded on an eetabLia h¢d market, the fair market price »hall 6e the mean between the bid and offered pe ices for such obligations an the date of puzchaee oe, i4 eubeequ ant thereto, the date the investment becomes .~ Nvnpurpoea Znveetment, ~5) whe ee amounts must be restricted to a certain yield 'and investments cannot be purchased on an established market or a bona fide Eair market price cannot be established aC a yield that does not exceed the maximum permise i6le yi¢Ld, the Iem,er may acqu Lre yr hold tax-exempt sera rides, currency or United States Treaeu ry Ce ct iC Lc aces of Inds btedneee, Notes and Certificates - State and Local Government SeKiee ("ELLS") that yield no moe¢ khan the maximum perm i»»Lb le yield. SLGS are available at the Federal Pe9erve Bank. Paym¢nt to United States. The Iesu¢c shalt pr vv ids the Paying Agent with written inetruc<LOns directing the Paying Agent to pay from the Rebate Fund an amount equal to Excess Investment Earnings (after application of any available cred Lt») to the 4J UnLted States of America in inetallmente with the first payment to be made not later than thirty (30) days after the end of the fifth Bond Year, and with subsequent payments to be made not later than five (5) years after the precetl ing payment was due. The Issuer shall ae sure that each each installment is in an amount equal to at least ninety percent (908) of the Exceee Znveatment Earnings with respect to the Bonds ae of the clo ee of the computation period. Not later than eLxty (60) days after the retirement of the Bonds, the Iaeuer aha11 provide the Yay ing Agent with written instructions directing the Paying Agent to pay from the Rebate Fund to the Vnited States one hundred percent (1006) of the thereto Eore unpaid Excess Investment Earnings of the Bonds. In the event that there are any amounts remaining in [he Rebate Fund following the payment required by the preceding sentence, the issuer shall request in writing that the Paying Agent transfer such funds to the Issuer and use such amount for any lawful purpose of the Iaeuer. The Issuer shall cause the Paying Agent to remiC payments to the United Btatee at the atldre9e preect ibed by the Regulations ae the same may be from time to time in effect with each reports and statements as may be preect ibed by such Regulations. In the event that, for any reason, amounts in the Rebate Fund are in BUff iciest to make the payments to the United States which are required hereunder, the Iaeuer shall assure that each payments are made to the Un itetl States on a timely bee is from any funds lawfully available therefor. Further Obligation of Iaeuer. The Zesu er shall assure that Excess Investment Earnings are not paid or disbursed except ae provided in these instructions. To that end, the Iaeuer ahe11 assure that investment transactions are on an arms-length baela. In the event that Nonpurpoee Inveetmente consist of cart if icatee of deposit or investment contra rt s, rove etment in each NonPucpo se Investments shall be matle in accordance with the procedures described in applicable Regulations as from time time in effect. RF.B ATE EXCEPTIONS. Absent an opinion of nationally recognized bond counsel, the exception of Section 149(f)(d)(C) of the Code will be considered satisfied only if either the Six-Month Exceptlon (set forth in subparagraph (ll below) or the Two-Year Except ton (set forth in subparagraph (2) below) is eatief ied. If eLther of such requLrementa Le aerie Eied, the Rebate Requirement will be treated ae havLng been sat iaf ied. (1) Six-Month Exception. The Six-Month Exception will be treated ae having been sat ief letl if all Gross Proceeds of the Bonds are expended for the governmental purposes of the Bonds no later than the day that Le six (6)months after the date of delivery of the Bond e, and if all amounts, if any, determined to be required to be paid to the Unitetl States Treasury in compl Lance with the Aab ate Regulations are paid to tl~e United St etas Treasury. Grose Proceeds which are held Ln the Reserve Fund and Gross Proceeds which arise after such six (6) months and which were not reasonably anticipated ns of the date of del lveey of the Bo ride shall not be considered Grose Proceeds Eor purposes of this eubpera- graph (1). (2) Two-Year Exceptlon. The Two-Year Exception will be treated as havLng been satisfied in the raga iremente of pa ra gr aphe (il and iii) below are eat iefied. (i) At least 75 percent of the available construction proceeds of the Bonds are used for construction expenditures lincluding reconstruction and rehabil Ltnt ion) wLth respect to property that is owned by a governmental un 1.t or an arganLzat ion described in Becr,lon 9o1(c)(3) of the Code and exempt fcom federal income tax under Bretion 901(a) of the Code. 44 (ii) At leant 10 percent of the available construct ion proceeds of the Bonds have been expended for the governmental purposes of the Bonds within the six (6) month period beginning on the date of the delivery of the Ronde, at Least 45 percent of the available construction proceeds have been expended for the governmental purposes of the Bonds within the one (I( year period beginning on the date of the delivery of the Bonds, at least 75 percent of the available construction proceeds of the Bonds have been expended for the governmental purpoaea of the Bonds within the 1B-month period beginning on the date of the delivery of the Banda, and all of the available construction proceeds of the Bonds have been expended for the governmental purposes of the Bonds within the two (2) year period beginn- ing on the date of the delivery of the Bonds. For putposee of this subparagraph, the Germ "available construction proceed e^ means the amount equal to the issue price (within the meaning of sections 1273 and 1274 of the Code) of the Bonds, increased by earn inga on the issue price, earn- ings on amounts, if any, on deposit in the Reserve Fund not funded from the proceeds of the ea le of the Bonds, and earnings on all of the fore- going earning e, and reducetl by the amount of the issue price on depot It in [he Reeezve Fund and the issuance coats ("Costa of Issuance"r ae defined in the Bond Indenture) financed by the Honda. The term "available conatcuct ion proceeds" shall not include amounts earned on the Reserve Fund after the earl Set of the close of the two (2) year period described above in this subparagraph (ii) or the date the construction ie substantially completed. The term "available construction proceed e" shall not include payments on any obligation acquired to carry out the governmental purposes of the Bootle and shall not include earnings on each payments. For purpoaea of subparagraph (ii) of this subparagraph (2) all of the available construction proceeds shall be treated as expended for the governmental pu rpoees of the Bonds within two (2) years from the dale of the delivery of the Gonda if all of such proceeds are expended for the governmental purposes of the Bonds within three (3) years from the date of the delivery of the Bonds and such amounts would have been expended for ouch putposee wl[hLn two (2) years t tom the date of the delivery of the Bonds but foz a reasonable rata inage (e.q., to eneu re compliance with the terms of a construction contract) that does not exceed five (5) percent of the available construction proceeds of the Bonds. (3) Multi-Purpose Is sus Treatment. Solely for purposes of deteemin Lng whet het the Ronde are described in subparagraph (1) o£ subparagraph (2) above, the Issuer may treat the Gonda ae two separate issues. Only one of such two separate issues may be treated ae satisfying the requirements of subparagraph (2) above. E%PECTATIONS AND ELECTIONO. The Issuer expects that the proceeds of the sale of the Bontla rlepositod in the Improvement Fund will bs fully expended Eor construction expenditures within the meaning of Section 14B(f)(91(CI(ivl(I) of the Code. The Issuer does, therefore, expect to sat lsfy the spend ing reyuieemente of Section 14R(f)(4)(C)(ii) of the Code. Arcord ingly, the Issuer dote elect to apply the two-year expend Lture exception of Section 14R(f)(411C1(ii) eE the Coda to the Bonds and further elects under Section 148(E)(411C)(vil (IV) that the Reserve Fund shall not be cone idered "available conatcuct ion proceeds". 95 MAINTENANCE OF RECORDS. With respect to all Nonpu rpoae Investments acquired in a fund or account established and held by the Issuer or the Paying Agentr the Issuer or the Paying Aqent shall record or cause to be recorded the following Information: (1) purchase date, (ii) pu rcheee price, (iii) information eatabliehing that the purchase price is the fair market value as of each date (e.g., the published quoted bid by a dealer in such an Lnvestment on the date of purchase), (lv) any accrued interest paid, (v) face amount, (vi) coupon rate, (vii) per iodlcity of interest payments, (viiL) dlapoeit ion price, (ix) any accrued interest received, and (x) d lepoe It Ion date. To the extent any investment becomes a Nonpu rpoee Investment by becomLng Gtoee Proceeds after it was originally purchased, It shall be treated ae if it were acquired at its fair market value at the time Lt beeomee a Nonpurpoee Inve~t- ment. The Issuer shall keep and retain for a p¢rlod of elx (6) years following the retLrement of the Bonds, records of all determinatlona made pursuant to these Instruct lone. AHENDMENT. In order to comply with tF.e covenants .in the Bond Indenture regarding compliance with the requ iremente of th.e Code and the continu¢d exclusion from gross income for purposes of Eederel Income texet ion of interest paid on the Bonds, the procedures described in these Instructions may be modified ea necessary, without the consent of Bond owners, end based on the opinion of nationally recognized bond counsel acceptable to the Ie suer, to comply with regulations, ruling e, lagle lotion or jud lcial decie ions as may be applicable to the Bond ~. Neither the issuer nor any of its mamba^e, agent e, officers or employees shall be liable for any action token or for its failure to take any action in connection with these Inetructlone. The Issuer may rely concluelvely on the advice of its Bond Counsel with respect [o the requ iremente of these Instructions. 46 COMMUNITY FACILITIES DLSTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) CITY OF RANCHO CUCAMONGA November 20, 1991 I'repated by: Albert A. Webb Associates Consulting Engineers 4505 Allstate Drive, Suite 106 Riverside, California 92501 COMMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 91-I (VICTORIA COMMUNITY) TABLE OF CONTENTS PAGE COMMUNITY FACILITIES DISTRICT' "REPORT" ....................................... 1 A, DESCRIPTION OF FACILITIES .................................................. 1 B. BOUNDARIES OF COMMUNITY F.4CIL1'I'IES DISTRICT' ................. 2 C. COST ESTIMATE .................................................................... 2 D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX......... 2 E. GENER4L TERMS AND CONDITTONS ...............°°..................... 3 1. SUBSTITUTION FACILITIES ................................................. 3 2. BONDS ............................................................................. 3 3. APPEALS AND INTERPRETATION PROCEDURE ....................... 3 EXH1BiT "A" DESCRIPTION OF PROPOSED PUBLIC FACILITIES .............................. A-1 EXI~IT "B" BOUNDARY MAP .......................................................................... B-1 EXHIBTT "C" ENGINEER'S COST ESTIMATE ........................................................ C-1 EXIIIBIT "D" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX ............... D•1 EXIiIBIT "E" COST SHARING ANALYSIS.. E-1 9416ympat i-1 AGENCY: CITY OF RANCHO CUCAMONGA PRO.TECt: COMMIJNITYFAr"R.tTrFCDISTRICCN0.91-t (VICPDRIA COMMUNITY) COMMUNITY FACILITIES DISTRICT "REPORT" "MELLO•ROOS COMMUNITY FACII.ITIES ACT OF 1982" WHEREAS, the CITY COUNCIL (the "CITY COUNCIL.") of the CITY OF RANCHO CUCAMONGA, CALIFORNIA ('I1te "CITY"),did, purstraot m the provision of the "Mello-Roos Community Facilities Act of 1982", beiag Chapter 2.3, Pert 1, Division 2, Title 3 of the Government Cade of the State of California, on September 18, 1991 adopt a Resolution of Intention, being its Resolution No. 9t-227 (the "Resolution of Intention"), declaring its intention to, among other thugs, form Community Facilities District No. 90.1, (Victoria Community) (the "Distrirx"); and WLLERE.4S, the City Councii did. in the Resolution of Intention, order the ptepararion of a report pttrsuan[ ro the provisions of Cwemment Cade Section 333215 for the District (the "Report"), said Report to generally contain the following: A. A desc8ption of the public facilities proposed to be financed by [he levy of specal taxes within and the issuance of special tax bords fa tite Districk B. A general description of the area to be serviced by said facilities; said areas being the boundaries of the Districk C. A cost estimate, setting forth the costs and expenses for providing the public facilities [o serve and benefit the properties and residents within the boundaries of the Districk D. The mte and method of apportionment of the special tax in sufficient detail to allow each landowner or resident within the proposed Distric[ to estimate the ma:imam amount of paymenk and E. General terms and conditions relating m the proceedings. 9 L 1621Report -t- NOW, TI~REFORE, the undersigned, authorized ttpresentative of ALBERT A. WEBB ASSOCIATES, the appointed responsible officer or person directed to prtpare the Report, pursuan[ to the provisions of the "Mego-Roos Community Facilides Act of 1982", being Chapter 2.5, Pan 1, Division 2, Tide 5 of the Government Code of the State of California, does hereby submi[ the following: A. DESCRD'TION OF FACII.ITIES A Communiry Faeilides District may provide for the purohase, construcdon, expansion or rehabilitation of nay teal or other tangible property, or portion thereof, with an estimated useful life of five (5) years or longer, which is necessary m mee[ increased demands placed upon the City a result of development oaurring within the Disaitt 1. A genets! description of the proposed facilities is as follows: Domestic water improvements, sanitary sewer improvements, road improvements, flood control and storm drain improvements, utiiiry improvements, right of way acquisition, and park facilitia. 2. For further particulars as to the facilities, reference is made m the following: Exhibit A, the Description of PubGe Facilities. Based upon the above, it is my opinion thaz said facilities ate those thaz are necessary m meet increased demands placed upon the City as a result of development occurring within the boundaries of the District ALBERTA. WEBB ASSOCIATES By: lT-- 91-162/Repon a- B. BOUNDARIES OF COMMUNITY FACII.ITD:S DISTRICT N0. 91-1 l . The boundaries of the District ate those propertia and parcels whore imp[ovements ate authorized m be provided and in which special taxes tray be levied in order to pay fm the costs and ezpenaes of said facilities. A general description of the area of the boundaries of the Distric[ is az follows: Portions of the Village of Victoria Windrows located west of Day Creek Boulevard, and portions of the Village of Victoria Lakes located south of Baseline Road plus aPProxia~lY ~ aeru of land located rmrih of Baseline and west of Victoria Park Lane. The District also iocludes approximately 60 aces of land west of the Southern California Edison corridor and south of Foothill Botilcvarti Reference is made to Exhibit B for the amettded 6oundaty map of the Disaict which shall govern for all deroiLs a9 m the extent of the Discict f:. rnrr ESTP,bIATE 1. The cast esdma[e for the works of improvement for said District is based upon current dollars, is subject to escalation, and is generally set forth az follows: SAID PUBLIC FACII.ITIES, INCLUDING INCIDENTAL EXPENSES, IS ESTIMATID NOT TO EXCEED $55,000,000 BASED ON 1991 DOLLARS, 2. Fm fttrther particttlars, reference is made to the following: The Engineer's Estimate of Cost and Expenses conrained in Exhibit C D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX I. The Resolution of intention generally sets forth the rate and method of apportionment of the special tax to allow each landowner m resident within the proposed District to estimaze the maamum amour[ that would be required for payment 91.162/Reptxt .9. 2. E'or particulars as to the rate and method of apportiorunen4 reference is made ro the following: Exhibit D 3. For particulars as to the cost shazing allocation upon which the rate and method of apportionmen[ is baud reference is made to the fo8owing-. Exhibit E 4. Ezcept for the prepayment of all of any portion of the spccial tax obligarion for any parcel as provides for m Section H of Exhibit "D" hereoo, the special tax shall be collected in the same manner as ad valorem propary taxes. The special tax and/or taxes may be partially or totally prepaid and the property diuhazged of the special [ax obligidon. E. GENERAL TERMS AND CONDITIONS t. SUBSTiTUT10N FACI1.CfIES The desttipdon of the public capital facilities, as ut forth herein, is general in its nature. The final name and rotation of improvements and facilities will be determined upon the preparation of final plans and specifications. The final plans may show substitu[es in lieu, or modification to the proposed work in order to accomplish the works of improvement, and any such subsdmdon shall not be a change ttt modification in the proceedings as long as the facilities provide a urvice substantially sirtrilaz to tha[ as ut forth in this Report 2. BONDS Tn order m finance the public capital facilities as ut forth N this Repot, it is necessary that bonds be issued pursuant m the terms, conditions and audtoriradon as set fork in the "Community Facilities Act of 1982", being Chapter 25, Part (,Division 2, Title 5 of the Government Cade of the Stale of Califontia, commencing with Section 53311 thereof, and specifically Article S theteim. 91-I62lReport ~- 3. APPEALS AND Any landowner ar resident who feels that the amount or formula of the special tax as applied to a spccitic parcel is in error may file a notice with the Distict appealing the lery of the special tax. An appeals prod of three (3) members, as appointed by the City Council, will then inter and promptly review the appeal. and if necessary. meet with the applicant Tf the findings of the Appeals Hoard verify that the tax should be modified or changed, a tecammatdation ac that rime will be made to the District: and, as appropriate, the special tax levy shall be corrected. ff applicable in any case, a refund shall be ~~ Interpretations may 6e made by the District by Resolution of the City Council for Proposes of clarifying any vagueness or ambiguity as it relates to any camgory, zone, rate or definition applicable m rhea proceedings. It is my opinion that the special tax rate and method of apportionment is clearly set forth N this Report, is in conformity with applicable agreemrnts and memorandums of understanding, and permits any purchaser of pmperry subject m the special taz a fair [Weans of determination of his obligation. ALBERT A. WEBB ASSOCIATES BY~-~1~7~Kc-"L1~SL''~' 91.162/Reptxt -5- COMMUNITY FACII.177ES DISTRICT REPORT COMMUNTTY FACILITIES DISTRICT NO. 91.1 (VICTORLI COMMUNITY) EXHIBIT "A" DESCRIPTION OF PUBLIC FACILITIES /MENDED COMMUNITY FACILITI` ( VICTORIA C0 CITY OF RANCHO CUCAMONGA, COUNTY OF i FUTURE FOOTHILL FREEW~T ' ~ usr ea .,rw ICI 1~ ~~ ~I II 1I Y JI V i w f S II Y ~I u a~ ~ " it I ' S R IL R. u ea•~x esw ~ W m x,2.oo 3 y_ I .al ~$ 'b+°a u ap0n I - L~ _ b II a,l ~ x zl. BOUNDARIES 01 SHEETIOF3 :S DISTRICT N0. 91-1 IMUNITY ) SAN BERNARDINO, STATE OF CALIFORNIA RNY[ FILES] Ill ItIG OPPIC6 OF '\}1E C1'K CLERK LF 1VE CRT OP AAI+C-I-10 (•UGAMONQA TN°.~ OAY OF ~ 1991 . -- OT C\ Or GHO CUCA~roNGA 'M1~1~ AMCN06b BOUNGA1Cl !MP AMETiA~ lLE pOUNOGR( A"PP ~ tblRMtfNRY F'AGIUTIEO DI~ZTiICT 1.W. 91-1 (VI0001'.IA COMMUNITY) OF T1E CIT`( OF Rp\~CHO CUCMnOAY'AI cnUFfCY OP ~~ GaTUfAROIAb\ 9ZAZE GR CALIFOfWIA.~ PRIOP. RE<'AT06.0 AT COO1~ 44 CP DMA OF Ay~6Y~MENT (y-lp OOMML141\TY FAC1UT16~ 01~'jR\tZ'~ AT OPCEA "JI-~2.1 A7 IN~RUMEIIT NO. 91-3199-G4. IN lUC OFF1C6 OfT lHG COUNTY RBCOgOER FOq 'M6 COUAICY OF ~t CHNNPRO1hf01 '~TATCS pR CpLIFORN\A. I Y1[RC ~Y CcRT'PY RWT 'R\i Wff1N1.1 MAP L1IOWINGI 1{.tE AM61JOE0 DOVNO ARIE7 GF COMMUN\TY FTaC.tlt[l69 019lRlCT u0.91-I (VICTOq\P COMMUNIZY) CCP< Or FANCMO CIICAMONGAI CoU1sCY OF SC.t.1 DtRNARAINO• °JiCTE oF' (`AIIFCfIA]1A WAS APPAOV6o BY T+.b CRY O0.WClL a T+~ C\Tf OF IiANGHO CucAMON y{. AT A L(6GUL.AR MFF~TINy 141sR601"~'~ I-161.0 ON \FtC OA`t Or 1991 ~ OY tT5 RG~OLUTION NO. ['1[Y ClE0.K 01° TAG \T`f OR CIJCPMONGA I,.w GrctJD ~--~~ FvpWflED GM,fNOp0.1Gg b0 0 MO 62 4 d1.12'2YW /MENDED COMMUNITY FACILITI ( VICTORIA CO. CITY OF RANCHO CUCAMONGA, COUNTY OF w }u ~ 1 ~g pp a { MAT CH LINE G ~~ 1.1 ~1''N~z'~i•n zS 2 ] LEGEND ~~ PFOP00~0 BOUAlOgF1ES I ~I ' ~ i w ~ W J~ I s ~ o I 2 W m e u u W I N I r~ I I ~ x r V W V y YI I Q SI I ~ p I w MATCN LINE _iUND/~RIES OF ~'Z°~'~ S DISTRICT N0.91 -1 MUNITY ) SAN BERNARDINO, STATE OF CALIFORNIA ~g °8; ' .g °o~~ I tl u~9 NmO 100 0 X00 SEE 9NEET S OF 3 /~MtNDED COMMUNITY F/~C; I L IT ( VICTORIA ct CITY OF RANCHO CUCAMON6A, COUNTY J W. P n ~. rQ o~ 7 u ar 4a asw YATC N1 I LINE Y_M I ~I WI W o~ II nr ~~ W op ~I u wN Q io b 2 AO W Pp ~ ;;(( W Q OJ ~ y nw. s' u err m•Ir w e I a Y J H •~~I I w W W W y s ~ u eoo~ K ~~ 44 4~ !~ 4F' \'~ NT•ML' zta 1 ~i 1 I W aen..o• AI tl1• SL' 04 W ~ I~~• u st'x o~w '~' ~n¢Me0.T BOUNDARIES ES DISTRICT MMUNITY ) OF NO. 91-1 SAN BERNARDINO, STATE OF CALIFORNIA SHEET 3 OF 3 SHFtTE SEE SHEET 2 OF 3 a 6ry. L{ !~3~ ' ` ~ q 4 6" tp i p- 1~•Se'Of q• Ie00.o0' DTOLIA OANDLNL LOOt \ L' <a e.lb' E e• II•'y~•fJ' e SK' ~a--a L. a ~ 00 , 4~, ~p Q4 o t e. 3e•DO~oo• a• ox.oo• V 9a11O' N'91 'JO'P]'6 xLO 00• ANO u IC Uy os-c zio.lo~ p• 2r oz ao• LeG¢No q• eoo.oo• ~• axa.ld --~~ rnoaoeeo BouumalGs u er air De• e 313.02: ~ p ~ Z' I L' 2'i• a L ~ 3.000' II1.o2' h IW O 1~ ~~ EXHIBIT A COMMUNITY FACHLITIES DLSTRICT NO. 91-1 (VICTORIA COMMUNTTY) DESCRIPTION OF PUBLIC FACILITIES Improvements to be funded by Community Facilities District No. 91-1 consis[ generally of domestic water improvements, sanitary ewer improvements, road improvements, flood control and storm drain improvements, utility improvements, right of way acquisition, and park facilities described hereinbelow: Domestic Water Improvements Installation of 8- inch, 10. inch, and 12-inch diameter main lines, hydrants, appunenances and appmtettant wale in connection therewith located as follows: Eight (8) inch diameter water lints will be lacatsd in: • Silverberry Slreet from Day Creek Boulevard m the cast edge of the Southern California Edison (SCE) cortidor, and • Sugargum S[reet from Day Creek Boulevard to the east edge of the Southern California Edison (SCE) corridor. Ten (1D) inch diameter water lines will be lotxted in: • Day Creek Boulevard from Victoria Park Lane m Highland Avenue including; • Victoria Park Lane from Baseline Road m Victoria Gardens hoop; • Victoria Garden Loop from from its northerly intersection with Day Creek Boulevard m Churoh Street: Foothill Boulevard (north side) from Rochester Avenue to Day Creek Channel: and Foothill Boulevard (north side) from Rochester Avenue to Interstate IS (Devote Frtxwey). 91-162/EsltibitA A-1 Revittd 11/I1Nl Twelve (12) inch diameter water lines will be located in: • Day Creek Boulevard from Jack Bemy Drive (Pioneer Way) to Victoria Pazk t^~ • Victoria Park Lane from Day Creek Chaaoel easterly across Day Creek Boulevard to the east edge of the Southrnt California Edison (SCE) cmr'idar, Victoria Gartlens Loop from Church Street ro its southerly intersection with Day Crult Boulevard; Church Street from the west boundary of the Distric[ to Interstate 15 (Devote Freeway); and Jack Benny Drive (Pioneer Way) from Rochester Avenue to Day Creek Boulevard. Sanitary Sewer Improvements The construction of g-inch, 12-inch, 15-inch, and 27-inch diameter sanitary sewer lines, manholes, plugs, appurtenances and appurtenant work in correction therewith described as follows: Eight (S) inch diaroerer sewer lines will be located in: • Day Creek Boulevard from Foothill Boulevard to Jack Benny Drive (Pioneer Way); Jack Benny Drive (Pioneer Way) from Day Creek Boulevard w Rochester Avenue; Victoria Park Lane from Day Creek Channel to Day Crttk Boulevard; • Baseline Road from Day Creek Channel to Vic[oria Park Lane; • Victoria Garderu Loop from Victoria Park Laae to the southerly intersection with Day Crak $oulevatd; 91-162/Falubit A A-2 Revised I I/17N1 • Church Street from the west boundary of [he Distrito [o Vittoria Gardcns Loop; and • Foothill Boulevard from the Day Cteek Channel to Interstate 15 (Devote Freeway). Twelve (12) inch diameter sower lines will be iastalled in: • Day Creek Boulevard from [-Bghland Avenue [o the northttly intersxtion with Vicmria Gardens Loop. Fifteen (15) inch diameter sewer lines will be installed in: Day Creek Boulevard Crum Highland Avrnue to the northerly intersection with Victoria Gardens Loop north; • V iMOria Gardena Laop from Day Creek Boulevatd to Victoria Park Lane; and • ViMOria Park Lane from Baseline Road to Victoria Gardens Loop. Twenty-seven (27) inch diameter sewer titles will be installed in: Foothill Boulevard from Rochester Avenue easterly approximately 1,350 feet [o the Southem California Edison (SCE) easement. Roadway Improvements The constmcdon of certain grading, paving, base, curbs, gutters, sidewallcs, drainage, intersection work, street lights, sigtling, striping, irrigation conduit, landscaping and utilities together with appttrnnancrs and apptttunan[ work for the following roadways: • Day Creek Boulevard from Highland Avenue [o Jack Benny Drive (Pioneer Way) including Highland intersection transition; • Jack Benny (Pioneer Way) from Day Creek Boulevard to Rochester Avenue; Etiwanda Avenue fiom Baseline Road to approximately 400 fee[ south of Church SueeC Silverberry Street from Day Creek Boulevard to the east edge of the Southern Califomia Edison (SCE) corridor; 9I-169IExNbit A A-3 Rcvittd I l/15ry1 Victoria Park Lane from Day Creek Channel easterly across Day Creek Boulevard to the east edge of the Southern California Edison (SCE) corridor, and from Baseline Road to Victoria Gardens Loop: Sugargum Street from Day Creek Boulevard ro the east edge of the Southern California Edison (SCE) corridor; • Baseline Road from Day Creek Charnel m Etiwanda Avenue; Victoria Gardene Loop; Church Street from Rochester Avenue to Etiwanda Avenue: and • Foothill BoWevard from Rochester Avenue to Interstate 15 (Devote Freeway). Traffic Signals Thev~sralladon of traffic signals az the intersections of: • Day Creek Boulevard and Iiighhmd Avenue, • Day Cruk Boulevard and Vicmria Park Lane, • Day Creek Boulevard and Baseline Road. • Day Creek Boulevard and is northerly intersection wirh Victoria Gardens hoop, • Day Creek Boulevard and Chmch Street, • Day Creek Boulevard and its southerly intersection with Victoria Gardens Imp, • Day Creek Boulevard and Foothill Boulevard, • Victoria Gardens Loop and Victoria ('ark Lane, • Vicmria Gazdens Loop and Church Sttee[, • lack Benny Drive (Pioneer Way) and Rochester Avenue. • Church S«eet and Etlwanda, • Chtach Snit and nordt Mall Entrance, • Day Creek Boulevard and westerly Mall Entrance, 91-16]lExhibit A A-4 Revised I1/13N1 • Rochester and Stadium Pant Way, • Day Creek Boulevarti and Power Cents Entrance, • Day ~ Boulevard and Silverberry Sweet. • Day Lteek Boulevard and Temporary Highland, • Victoria Gartkns Loop and southerly Mall Ennaoce, • Victoria Gazdens Loop and easterly Mall Entrance: and • Church Sheet and Rachuter Avenue. Storm Drain Improvement Storm Drain improvernents will generally consist of reinforced conercrc pipe Gne ranging in diameter fiom 18-inch to 108-inch, manhoks, junction saveturcs, appurtenances and appurtenant work to consrtuer facilities k: • Vitoria Park Lane outlet (Line 400A)[; • Baseline outlet. (Line SOOA); • Church Stra[ oude4 (Line 100A and 100B); • Jack Benny Drive outlet, (Line 600A, 600B, and 00007 • Baseline Road between Day Creek Boulevard and Victoria Park Lane; • Foothill Boulevard east and west of Day Cseek Boulevard: • Jack Benny Drive (Pioneer Way), Day Leek Channel to Rochester Avenue. This District will also finance the consm[ction of a box culvert az the intersection of Jack Benny Drive (Pioneer Way) and Day 4eek Channel. • Rail Road Crossing "Dw District •Hill finance tlfe construction of a rail road crossing of the Southern Pacific Railroad az Day Creek Boulevard. t5iorm Draur numbos refs m the approved Masts Plan of Dtairage. 91-162/Exlribit A A-S Revised 11/13N1 Right•of•Way Acquisition The Distritt will acgtthe right of way m complete the wales of improvements . Park Improvements The District will coastrttet the lake Par1c, (approximately 30 acres) within the Village of Victoria Ickes. 91 ~ 161/Exhitrit A A-6 Reviud Il/17Nt COMMUNITY FACII.ITIES DISTRICT REPORT COMMUNITY FACII.TfIES DISTRICT NO. 91.1 (VICTORIA COMMUNITY) EXFIIBIT "B" BOUNDARY MAP '-", xi - ~ - - _ _ - - • ----- -" O _ _ -. ,;~ ~ - " - ~~-.~ •=: ~ ter, - ~ - , , - y ~ o r - _ _ ~ I~ zll ~~ ~ • ' J ~ ' F _ ~ .i ~ ,~ t ~ ~ ~i i ~ K~ ~i~ A~JII r I ~n~ .. ll i . 1~1II,11 '~~I xifl ' ~ ^ 1 li A ~~ ~ I i~l .I ~ ~ •; O 1 N } ~~ ~ ~ .- ~ - ... ~ U .__,-~e- tJ ~_ _• I ,i i~~ - - _. ', - - ~'~ ,:: ;.. ~ /,~~,- - % r: ~;- ~~~ /~~ \ ~~. i ~~z- z ~ s o "~+ W a • N o 1~ h /C-i W ~ ~ ~ U ti ^ 0 a ~ ~~ N c ti `-' W O ~o " ~¢ ~z ~ I ~ N~ ~C ` z _, _ - y~>. a ~ ~ O ~ - ~~:~ u ~hh++MM~~11< `.; i LL J II _.,r--= :` .~! diet F V ~~,:~~~\ ~--- ~ " ~ = i W-61 ~.; _ .L.IIILIfI :'~I I.I711.1f1 '. 4 ,VllLlll ~~ . . /~ ~ ~. ti . .F~.+ 3 O~ ~ -- \~\~ 4R ~ ~ O \~.'...:. _ :.~_ __ _ ___ _ ~ Wit' ~iwV! -. ~. __ .jf~ s m ;~_ _ _ ~4; _ ; 1 _ _ _ Iji - - /- ___._ L - __ --~i~ I'~I~ I.- _ - _ y _ _ _ _ . ~ - y- i....r--.~ o ... ~ 'f / J i may ,,, ~. T _ - ~ i _ ,o ~ ' I' ~II ~~ ~` ~.if7L~ ~~_: 4~ .CI7W^fl . i'~1 .CINLI~.' ~:~I~ .C~ 6Ul . --~ ` ~ - ll~~ J' F $I i _ ~ i P i~ -_ m r r ~~~ __ `r L ~ .. cll i ~ _m , ~ _~~_ r.. ., ~d~ ~._ --~~- . ~, _ __-- - ~, ,'til Z ~ < ~ ~ ~ ~ ~ w ~ ~ ; N {{~~ M ° Urn W N ~ FW- p0 ~ U z ~~ < y -~ ;13;.- ~~~ ~ n 6 ~ ~ A ©o Na <z ~ 4 1 0~ i ~ 1~ ., _ . ~~.. ~ f r/' ~ i ~~.r~z- m.7 ~~~. / : ~ 1 . ~Z O 9~ ' ~ ~ I W U + /~ V N n N.~ ~ ..~.~ O f . l O O ~ i1t1 j ~p ZII ILIfI _ ~ ~ „ i ~~ WIllll ~~ ,UrlLlfl N- ~ill ~ ~+ ,. ~~.. ,~~~ -~ - ~s - ~ n N f ~ 1 `` ` c , 1 i ~ - O `~ ~J I ; ~ ~ ~<_ j~ `~. ` 1 ~1 '. ~. ~ ~~~ „ _ ..~U _________ ________ ___________ _____ _ _ _ .., ~~+V ~ - ~ m J _ N jf(r ." .', ._ .. _. ..- - .i ~ is ~?..??__~_: ~..... '~ .. _ .. r ., r m - I, - Imo` ~. ~ E~ O O ~ ` O ~ b ~ v ~ ~ P I 1 i COMMUNITY FACII.ITIES DISTRICT REPORT COMMUNITY FACII.ITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) EXHIBIT "C" ENGINEER'S COST ESTIMATE EXHIBIT C COMMUNi'1'Y FACILIT65 DISlWC!' N0.91-1 (VICTORIA COMMUNITY) F.NGIIVEEA'S FSfBNATE OF COSTS AND EXI'ENEES FadlRin flruneed 8) Serks'A' Booty Waur Improremaotf 8' water 517,880 10' watts 5276,490 12' Wa/el 562237D 5910,890 5910,890 Sewer lmproremesb 8' Sear 5370,000 l2•Sea4 S1A0,100 IS•Sewa 5293.800 27' Sewer S7a,400 39?8}OD S97R,300 Rand lmlwnvemro4 Piuemer g7v0 5307.81A OaY ~~ Blvd 53,461,789 Sgveremyse 542471 Viaoru Pads La 5967.395 Sugagum St 542471 Fncellill Blvd 5718,880 Victoria GaNau Loop S7,R83.It2 Bndms Rd 5832,465 ChwcR St 57,400,932 Edwaada Ave 5444,370 Fim width Roadway 5597,080 SI0,714,689 570,714,b89 reaffkslSoala S2oso,aog s2ow,aoo flood Caaad and Sloan Drala tmprovwmu Yctaia 18rk Lase Duda S1,OZ5.780 Pimar Wdet 53,394.180 9aseline Outlet 5734.940 Chutrd Seen Ouda 52851,960 BAWine Rod 544,!00 PSooea Way 5265,310 got CL:vert 557300 56,973,180 56.973,180 91-162lEx.C•rev2 C•1 UBlilka • Gr DletribWke Pioooer BIM Day 6ert BIM smer6cry st Viaada Fads Lo sagvgam sr Focrhi8 BIM Victuia Gardena Loop ear~ioe Rd C6~urd 8e Edvanda Ave Utl11DS • Ekttrlal Fdlltl~ Pimen Blvd Day 6edc HNd sB~eeery sc Vitlpia Prt La sugegim sc Foolhi8 BIM Vicuxia GaNma Loop Baaeliae Rd ChuM St FJiwaoda Ave Utl1I11n • TekpOar waa~ Brvd Dry CrerJ[ BIM sB.ertey sl ViapY Put Ia sagagum st Faodilll BIM VicWda Oardms Iaop Baaeliae Rd mined St Fbanoda Ave R/R Cnndng $Il~blal Commrnaa Taal Coomucdca & CcOtingendn 51213 5125,675 53,775 szl,dgs s3,73s 533,065 585470 521,670 ss3,soo f0 S36I,000 5361,000 s7aa7B 5144,630 510.860 slB9a3o sla,e6B sulsls 5339,545 5261,960 5233.125 194.925 S20I9.12A 52019.120 576,515 s366.ztD 58,720 u7azs seazo m.nD s199aso 5128,620 5176,800 555.700 51,074,960 51.076,960 5150,000 525,232139 s6aos.ms 571540.i7a 97-162/Ex.C-rev2 C-2 I~u Amouot of UWitie Ficcadiag E% ToW Coniwaim ana Cadagtaciea fligible fa Fwaciog Right nfWv AcQOWtlae C~• dhntlne Redevelopment AgmcJ ToW m be Fmmmd hY Sciet'A' Baode Farmoliw Exgns Cootlogeeds Bond Laeoa Cab Rand Dietamt (@ 2%) Rcxrve Pum (Q 10%) Capiuliad tateren CooeVUAioo & Cootlogmels (Hood 5erifn'A') Right of Wq Acgoidtloe Ceotributloa (RDA) CaW or lao.on Formuiav end Caooogtmes Bad Lumocc Coen ToW Amovot to Bond (52,215,140) s293ss,o3a 54,871300 (SE.037300) 529,158.828 uls3ao s1,4R3 5830,100 54,072,750 57,026333 511,929,183 511,929,183 512,346,166 E29,325,034 54.871,700 cas,o37300> u16,963 511.929.187 512,346,166 512,346,166 541303,000 91.182/Ex.C-rev2 C-3 Fadlitlo Fiasaed 67 SatM'e' Boode Pat FsdOtia (Comuostim) 54,090,000 Caouageooee (Q 23%) 51.023,300 EscaLlar (7 Yn @ 6%mmpoaoded) 3977.600 36,093,100 56,093,100 Tool w he Fmsoccd by Saia'B' Bade 56,093.100 Fonos114a F.speda Bond Is.usoaa Cans Bond DiSCame Reserve Pond (@ 10%) Capiuliad IneGeee Comtruabe & CmtlaBaodr (Serfa'87 Caw a! lausna Pwmaum Bond Gnuooe Caen ToW Amouut to Bond 5139.875 5209,813 5932,300 51,947.712 (3,090,025 53.090.025 53,]19.900 56,093,!00 f 179,873 53.090,023 53,229,900 57,229.900 59,325,000 91-182/Ex.C-rsv2 C-4 COMMWi TTY FACII.1'fIES DISTRICT REPORT COMMUNTTY FACII.ITIES DISTRICT NO. 91.1 (VICTORIA COMMUNITY) EXHIBIT "D" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX L T AXES aed November Z0,1991 ~~SB T1~NMD ~RO NANO 9~.1 pP~RSf~S OF Gp MR,~01O1~q FCpMNto C~p~ON 4~eilde£u'cd Rp'CES EpR ~'OM ~.ZOO~ Rp.C1CH ~ aP4b°ablo w ~~y~ of tbn Ci X04 ced ~ \ow~, sbaU na ~.°~ io ~ c°V a SPe`~Taxlal„ C°a ~S~ee\y°. 9~ ~°nt o4 S ~ ~e C cY CpUnc ~ ~ e eA p SRa'~~ax ~ Comte°n~cY F ~ \yo.9\ \~al ~b~ ~"ca°°,l' ~°n8 n' ns °a Potponm~°~ ~loal lpeaced n8a rn~°afiQ C~~~db~\° ~ ~d ~~„Ciol ~d med•~ of W °t S"non F Rytcbo CUC~ \ ~ an9 YiY~Y~_,k6 ye1'~~ ~ with d+e •at~ cXCNP~ by 1a ~. ~eachp~ C~a~nn8a~' 1.1.~~ ~,~~ 0.9\.\°°1°$5 et ~d~dbe~ Ci gs~ u~h~y~ f ~ 4 S ~o4~cy ~ ~ N~enu ~`d u` d'~ ~n ps ssot of ~c Cp JncY deS~,bed ~\o ed fot ~~ P~~, of J`° Co~~ u bc1°w' Sb~~ ~ S 5 y° official maP 5 P~e1NnID~ oP~t~Y pEFIN~~tOPareea pAaP" ~ P~e15b9 p ch i5 gesid~T°~ b ~ pcies ~' , ~~° ~~no d~t~$ eveloP~ ~°Qeirle n ~~t o4 Nee ~ Beni enaP °t ` of Sa° x Rafer fo[ D ~°\uPlymS ~ f°n°°p°aU9 ~ c 1 telOw 'Cb ~~1Ta °~pbY l~,oc _„~~~~abl 1ef~1Y ,. pUernafe SP oft of ~ ~pmP Sion ~P.~P„~ ~~ as sP~'_ c ~~e °f sing ~ onlY me~5 ned ~ a ~n~ ~~ace ih~ ~~t o4 Pu1d fay w~~'cd ~` ~d ~aP. ate _. coa°ntacn~b~y,,~ue~then~~~~doN~n~°t ~d,Nell~ngnni~°Dn ~dwe11in8°°n~en4 ces°1ongP'aweUing°°i~eX ~thina4~°ell ~Wfote~h~eval°°i4taP°i K.sidep°~ $ ~;ri 151oC~~aW SQ°~~ of f°n°dOnallY ~ °~S~~a ~~ SUt~i~io ~aP, P~"`l ~P by ~ D.l { ! hicD Revised November 20, !99! For Developed Property which is Non-Residential Property, the Alternate Special Tax Rate shall be the amount per Net Taxable Acre as specified in Table 1 below. "Assigned Special Tax Ra[e" means the applicable Special Tax per Parcel based on the applicable rare per dwelling unit or Net Taxable Acre as specified in Table 1 below. "Developed Property" means, as of July 1 of any Fiscal Year, all parcels for which a final subdivision map, parcel map yr functionally equivalent tttap or instrument cnadng lots or parcels upon which residential units may be constmcted or creating lots or parcels for commercial and industrial developmrnt has been recorded prior m Match I of the preceding Fiscal Year. "Exempt Property" means any Parcel ar other property within CFD No. 91-1 described in Section F which is exempt from the l evy of the Spxial Tax. "Fiscal Year" means the period starring on July 1 of any yeaz and ending the following Tune. 30. "Maximum Speoal Tax" for a Parcel of Developed Property, means the greater of the Assigned Special Tax Rate or the Alternative Special Tax Rate applicable to such Parcel. Maximum Special Tax for a Parcel of Undeveloped Property, means the Assigned Special Tax Rate applicable to such Parcel as set forth in Table 1 below. "Yet Taxable Acre" means an acre of Developed Property or Undeveloped Property, exclusive of property exempted by law or the provisions of Section F below from the Special Tax; the acreage calculation for Developed Property will be based on the dimensions az shown on or calculated from the recorded final subdivision map, parcel 9L-t62/Exhibit D 0.2 Revised November 20, 199/ map, or fvnctionally equivalent map a insttumenK the acreage calc[ilation fa Undeveloped Pmpcrty shag be the acreage shown on m calculated from the Assessors Parcel Map. "Residential Property" means those Parcels upon which residential units may build "Series A Bonds" means those bonds issued by CFD No. 1 [o fund domestic wazer improvements, sanitary sewer improvements, marl improvements, flood conavl and storm drain improvements, utility improvements, andright-of-way acquisifion. "Series B Bondy" means those bonds issued by CFD No. 1 m fund consmtcdon of the Lakes Park in the Pillage of Vicaoda Lakes. "Non-Residential Property" means [hose Parcels which arc not classified as Residential Property or Exempt Roperry. "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assi®[ed Assessor's Parcel number as of [he date of the levy of the Special Taxes for each Fiscal Year. "Special Tax Requirement - A" means [hat amount required to be collected from Tax Rate Zones 1 through 15 in any Fiscal Year m pay: (t) debt smice on aB Series A Bonds or other indeb[edness of CFD No. 91-1 related to the impmvemenu as described in the defmirion of the Seres A Bonds, (2) costs incumA by [he City and CF'D No, 91-1 in the annual levy and collection of the Special Tazes related to the Series A Bonds, (3) other reasonable costs of C'FD No. 91.1 tela[ed to the administration of the Series A Bonds, and (4) any amounts requited [o replenish any reserve funds established in assaciadon with the 91-162JExhibit D Q3 Revised November l0, 1991 Series A Bolls. In calculating the Special Tax Requirement - A for a Fiscal Year items (I) through (4) shall be net of bond reserve earnings and other interest comings described in the bond resolution for the Series A Bonds reasonably expected ro be available, excep[ those comings that may be tcquired far rebate purposes. "Spttial Tax Requirement • B" means that amount required ro be colixted from Tax Rate Zone 16 in any Fiscal Year ro pay: (1) debt servitt on all Series B Bonds or other indebtedness of CFD No. 91-i related m improvements described in the defudtion of the Scries B Bonds, (2) costs incurred by the City and CFD No. 91-1 in the annual levy and collection of the Special Taxes related ro the Series H Bonds, (3) other reasonable costs of CFD No. 91-I related m the administration of the Series B Bonds, and (4) any amounts requited ro replenish any reserve funds established in association with the Series B Bonds issued and sold for CFD No. 91-1. In caiculating the Special Tax Requirement for a Fiscal Year, items (1) through (4) sha8 be na[ of hoed reserve comings and other in[erest earnings described in the bond resolution for the Series B Bonds reasonably expected to be avai]able, except those comings that tray be required for rebate purposes. "Special Tax(es)" means the Special Tax ro be levied in each Fiscai Year on all Parcels ro fund either the Special Tax Requiremett - A a the Special Tax Requirement - B. "Taxable Property" means all Parcels in CFD Na. 91-1 which are no[ exempt from the levy of Special Taxes pursuant ro law or Section F below. "Tax Rate Zone" means any of the sixteen (16) Tax Rate Zones listed in Table 1 hereof to which a Parcel is assigned as a testdt of its location oa the Tax Rate Zone Map included as Figure 1. 91-162/Exhibit D D-4 RevisedNavember:0, 1991 "Undeveloped Property" means all Parcels in CFD No. 91-1 which aze not classified as Developed Property or Exempt Property. "Victoria Community Plan" means the Victoria Community Plan of the Ciry of Rancho Cucamonga adopted by the Ciry Council on May 20, 1981 as may be subsequently modified, supplemented ar amended. "Victoria Lakes" means the Village of Victoria Lakes as shown in the Victoria Community Plan. "Victoria Windrows" means the Village of Victoria Windrows as shown in the Vicmria Community Plan. B , ASSIGNMENT TO TAX RATE ZONE For purposes of determining the appGeable Maximum Special Tax as speed in Table 1 in Section D below, aU Taxable Property shall be assigned to one of the Tax Rate Zones pursuant to Figure 1. C. ASSIGNMENT TO TAX CLASS For each Fiscal Year, all Parcels within CFD No. 1 shall bt classified either as Developed Property, Undeveloped Property, or Exempt Property. Additionally, each Pazcel of Developed Property within Tax Rate Zones 1 and 4 shall be assigned m a Tax Class within such Tax Rate Zone depending upon its density calculated by dividing the number of Parcels or dwelling units in the recorded subdivision map, parcel map, or functionally equivalent reap or instrument in which the Parcel is included by the Net Taxable Ames as 91.162/Exhibit D D-5 Revised November 20, 199! contained therein and shall be subject to the levy of the Special Tax N accordance with the [aces and method of apportionment set forth in Sections D and E below. D. MAXIMUM SPECIAL TAX RATES The Maximum Spocial Tax far Parcels within each Tex Rate Zone for each Fiscal Year far Developed Property shall be the greater of the Assigned Special Tax Rate or the Alternam Special Tax Rate, and ftr Undeveloped Property shall be the Assigned Special Tax Rate all az set fonh in Table I below. If Developed Pmperry which fr Residential Property has beea subdivided and/or developed so as to mutt in a dwsity which does nm fall within any of the Tax Classes defined for any Tax Rate Zones set forth in Table 1, the Assigned Special Tax Ra[e for each Parcel or unit within such final subdivision map, parcel map, or functionally equivalent map or instruttrent shall be cite greater amount of the applicable Assigned Special Tax Rare se[ forth in Table 1 or the amount calculated [[sing the applicable Alternate Special Tax Rare sec forth in Table 1. If the land use of a Parcel within any given Tax Rate Zone changes from the applicable land use shown on Table 1, the Assigned Special Tax Rare fa such Pamel shall be the Alternate Special Tax Rate, which would have been applicable to such Parcel had its land use not changed. 9 t • l62/Exhibit D IY6 L'~ a R A A W N " ~ fA '~ A n ea a ma m a m a ~nmono~a N~ C >b C ~ C Sb C 7o C < < ~gg ~ ~ I' ~ ~. ~. ~ ~ H q y ~ ~, G ~ ~ ~ a a. v. ~ ~ ~ > E C a A oo A m a 2 A O 0 0 0 0 0 j CJ p ~ A W A io ~ o C ~ o~oo cots y C C C C C a D n ~ a a a a ~ ~ ~ ~ n ~ z N ~ ~ M N z N ZN 'x H zN Z'fil {p/~. N {N~ N ~ ^oe u Aw ~ A~ RN RW AN R;o 8 N A N;, a d ~ d g N ~ N N W Oo ONO Oo OHo m m a ~ m m w w o0 OE W W W W W W W R R ~ R ~~ ~'R~ a_ n ~ n n ~ z n n n .~ -1 ~-7 H A y A ~ A A F l1 A f1 ~ ~. a a a a a a a a a ~ n ~ ~ A~~~~ ~i a • W a ~ 1 ~ A m 6 Z .~1 R `w e e a m a n O m a a B-4 ~c I m I ~ I al m a a m al a a+ a a ~. ~' m a a '° ~. ~ N A 4 J b C a xM R~ Z'N R A N v N m ~-7 v H ~ -l rn N 'p ~ ~ ~ w O~ ~ ~ R Y R N A A yx W „m M1 Q c ~ ~ A A A A G G C C a a ~ n YN :~ N ~p ~'N ~N M .~.. zN ~r N ~ ~ N ~~ R ~ ~ ~ 44 E 2 . ni , ^ ^ i ~ Q ti fl A N O {~ O~ N N O ~ /y { •i R Y R Y A A n m % ~ ~ m % c P m Q ~ ~ ~ ~i N ~~ na °1 a ~ ~ ~ ~ ~~ ~. ~ a ~ a ~~ O p .'~ C a ~ ~ (N H :~' ~ a i o ~ ~. ~ ~~ rR ~. ~ i ~~ N N H Ay F ~ a nx ~~ G 8. n d Z 0 `w e e v^ `Nc c M1 6-G rn m a C ~ 2 2 ~ o ~ v. m a C ~ 3 ° ^< $ n_ ~ I A m a ~ a e: tY m a 5 c ~ y ~_ N m a 3 A zH ~ ZN 2'~ zH zN zzN M ZM y~H ye ~ y' yN yP y~o y~ •~:• g y~ y~ ~ w ' R ~~ ~ ~ ~R ~~ n R ~ R „R a ~ ~ ~ ., N O. H A M N O J a s s ~ ~ ~ ~ R ~ n z ~ ? ~ ~ ~ ~ ~ g v ~ v n n rt ~y ~ n ~ ~ A y ~~ m a ~ ~~ c ~ 6 9. C ~ ~ $N y$ yN yw g~ ~ ~ ~. ~ ~ ~~. y ~ A ~ y~ ~ ~ y F R n y w v nn O- 0 ~' e g A R 4 O A W b C ti Revised November Z0, 1991 E. METHOD OF APPORTIONMENT OF THE SPECIAL TAXES 1. Method of Apportionment of Special Taxes for Special Tax Requirement - A On or prior to August 1 of each Fiscal Year or such other date az may be established by law, the Council shall determine Special Tax Requhement - A for such Fiscal Yeaz and shall levy the Special Taxes as follows: Stan I: The Special Taxes shall be levied on all Parcels of Developed Property in Tax Rate Zones 1 through l5 at I00 percent of the Assigned Special Tax Rate; however, if this amount exceeds Special Tax Requitement - A, the levy of Special Taxes on all Parcels of Developed Property shall be proportionally decreased until the revenues produced thereby will be equal to Special Tax Requitement - A, ~tCp,.1; If the revenues which may 6e produced by levying the Special Tax pursuant to Step t are less than Special Tax Requirement - A, [he Special Taxes shall be levied proportionally on all Parcels of Undeveloped Property in Tax Rate Zones 1 through 15 up to 100 percen[ of dte Assigned Special Tax Rate to produce aggregate revenues equal to Special Tax Requvcment - A. Stan 3: If the revenues which may be produced by levying the Special Tax pursuant to Steps 1 and 2 aze less than the Special Tax Requirement - A, the Special Taxes shall be levied proportionally on all Paroels of Developed Property up to lIXl% of the Alternate Special Tax Rare to produce revenues equal to the Special Tax Requirttnent - A. 91-162/Exhibit D D-IO Revised November 20, 1991 2. Method of Apportionment of Special Taxes for Special Tax Requirement • B On or prior to August 1 of each Fiscal Year or such other date as tray 6e established by law, the Council shall detemtine Special Tax Requitement - B for such Fiscal Year and shall levy the Special Taxes as follows: ~y1; The Special Taws shall be levied an all Paucels of Developed Property in Tax Rate Zone 16 at 100 percent of the Assigned Special Tax Rate however, if this amount exceeds Special Tax Regttimt>wttt - B, the levy of Special Taxes on all Parcels of Develop Property shall be proportionally deceased until the revenues produced thetroby will be egttal w Special Tax Requirement - H. Steo 2: if the revenues which may be produced by levying the Special Tax pursuant to Step ! an less than Special Tax Requirement - B, the Special Taxes shall be levied propordonally on all Parcels of Undeveloped Property in Tax Rate Zone 16 up ro 100 percent of the Assigned Special Tax Rate to produce aggtega[e revenues equal to Special Tax Requirement • B. Sten 3: ff the revenues which may be produced by levying the Special Tax pursuant to Steps t and Z are less than the Special Tax Requitement - B, the Special Tazes shall be levied proportionally on all Parcels of Developed Property up to 100'Yo of the Altcmate Special Tax Rau to pmducc revenues equal m the Special Tax Requhemcnt - B. 91-I62(Exhibic D D-11 Revised November 10, 1991 F. EXEMPTIONS The Board shall not levy a Special Tax on the following properties which may as of the date of formation of CFD No. 91.1 be: • Properties owned by state, federal, or other local govenrments, except as otherwise provided io Section 53317.3 of the Govemmen[ Code: Property within CFi) No. 1 which is dedicated for the purposes of conswcting CFD funded mad facilities; • Approximately 15 acres of property within CFD No. 1 which are to be dedicated to the City fair the Lake park within the V iEage of Victoria lakes; • Property within CFD No. 1 to be dedicated to or owned by the Southern California Edison Company, the use of which is limited to utility purposes, Those Parcels at entry ways and along perimeter areas used for landscaping which are dedicated m and maintained by the Ciry. Parcels or portion of Parcels conveyed or irrevocably offered for dedication to a public agency af[er formation of CFD No. 9I-1, and not otherwise exempt pursuant to this Section F, shall be subject to the levy of the Special Taxes pursuant to Section 53317.3 or Section 53317.5 of the Government Code and shall be assigned a Tax Rate pursuant ro Section B. 91-161/Ezhibit D D• I2 Revised November 10, L991 G. MANNER OF COLLECTION Excep[ for the prepayment of Special Taxes as provided for hereirt, the Special Taxes shall be collected in the same mercer and az the same time as ad valorem property rases, provided; however, that the City Council may authorize the collection of delinquent Spatial Taxes by judicial foreclosure proceedings pursuant to Section 53356.1 of the Government Code. H. PAYOFF OF SPECLIL TAXES 1. Preoavment of Sneeiai Tales for T * R o- ~.,,,.,~h y¢tt t ~ The owns of any Parcel widdn Tax Rate Zones 1 through 15 may discharge the Special Tax obligation applicable m such parcel in whole or in part a[ any time by making cone-time payment calculated as follows (a) Compute the present value of the Parcel's remaining payments of [he Maximum Special Tax at the weighted avaage yield an Series A Bonds issued for CFD No. 91-1. (b) Mulriply (a) above by the proposed propayment percentage to determine the prepayment amount (c) Add the following amounts m (b) above: • Call premium as required in the band instrumen4 and • Interest on (b) az the applicable bond rote for each year from the dale of prepayment, if any, to the earliest available bond call daze. (d) Subtract the following amount from (c) above: • The applicable portion of the Parcels pro rata sham of the bond reserve fund of the Series A Bonds issued for CFD No. 91.1. 91-]62/Exhibit D D•13 Revised November 20, 1991 (e) Subtract the following amount from (d) above: • Intetes[ earnings to be generated at a reinvestment rete as determirted by CFD No. 91-1 from the date of prepayment m the eadiut available bond call date. (t) Add the following amounts to (e) above m determine the Parcek prepayment attwmtt Unpaid Special Tazu which may have been enrolled on the Assessor's rax roll; • In[ttest and penalties, if applicable, which may be associated with unpaid Special Taxes; and • An administrative fee to cover the costs incttrred by CFD No. 91-1 associated with ralculatirtg the amount of prepayment, redeeming bonds, and preparing amended tax bills. The Maximum Special Taxes as set forth in Section D for a Parcel utilizing a prepayment percentage less than 100% shall be [educed in subsequent Fiscal Yeats by multiplying the Maximum Special Tax by the prepayment percentage actually used in Section H.1 (b). An owntt may also prepay and discharge a portion of the Special Tax obligation applicable to a Parcel by dedicating righ[-of-way, the application of which would otherwise be financed by t~D No. 91-1, so long as such dedication is consumma[ed prior [o such deadline astray be established by the Ciry Council. 2. ~navment of Special Taxes km Tax Rate 2vrx 1 b The owner of any Parcel within Tax Rate Zone l6 must discharge the Special Tax obligation applicable to such Parcel in full through the prepayment of the Special Tax 91-162/Exhibit D 0.14 Revised November 20, 1991 per la or unit az a precondition f0 the issuance of a buiiding permit for such Parcel. The amount of fie prepayment shall be w(culated az follows: (a) Determine the mmI ....,n:^:^g bond principal outstanding for Serice B Bonds. (b) Subuact from (a) shove the the total remauring bond reserve fund for the Series B Bonds. (c) Divide the result of (b) above by the total remairtvrg planned residential Iots or units ie Tax Irate Zone 16, including the units for which this calculation is being Performed. (d) Subnact the following amount Cmm (c) above: • Interest earnings to be generated az a reinvestment rate as determined by CFD No. 91-I Cram the date of prepayment to the earliest available bond call date. (e) Add the following amounts to (d) above to determine the Pan:el's prepayment amounn • Calf premium az required in the bond inswment, • Interest on (v) az the applicable bond rate from the date of prepayment ro the earliest available bond call date, • Unpaid Special Taxce which may have been enrolled on the Assessols tax roll, • Interest and penalties, if applicable, which may be azsociated with unpaid Special Taxes, and • An administrative fee to cover the costs incurred by CFD No. 91-I azsocia[ed with calculating the amount of prepayment. redeeming bonds, and preparing amended tax bi1L¢. 91-162/Exhibit D D-IS COMMUNITY FACII.ITIES DISTRICT REPORT COMMUNITY FACII.TTIES DISTRICT NO. 91.1 (VICTORIA COMMUNITY) EXFIIBIT "E" COST SHARING ANALYSIS EXHIBIT E COST SHARING ANALYSIS FOR COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNIPY) OF THE CTfY OF RANCHO CUCAMONGA The special tax cores ut fonh yr the Rate and Method of Apportionment (Exhibit D) an; based on the fair share of costs applicable to each tax rate zone for the improvevtenu to be financed by Community Facilities District (CFD) No. 91-1 (Victoria Community). Improvement costs were allocated to each tax rate cone within CFD No. 9t-1 on a facility by facility basis in accordance with standard assessment engitreaiag criteria This exhibit prexnts a summary of the assumptions and methodology used in dere^^+~+~g the total project costs allocable m each tax rate mne. Details regarding the sperific allocation are contained in the 'Backbone Utilities Cost Estimate for Community Facilities District No 91-I (Victoria Community), November 8, 1991" prepared by CharohoUHamnan Bt Associates and the "Victoria Lakes South, Backbone Infrastructure Cost Sharing Formulae, Match l2, 1991" prepared by Paul A. Moore & Associates, Inc. which are incorporated herewith and made a part hereof. Said documents are on file and available for inspection in the Office of the City Clerk of the City of Rancho Cucamonga. A four step process was used ro allocate cosy within CFA No. 91- 1. Step 1: Determination of Project Cosh on a Node by Node Basis In order to allocate project costs to the different Tax Rate Zones within CFD No. 91-1 it was necessary m divide the improvements loco ugttxnta which were assigned to the individual Tax Rate Zones. Since most of the improvements will be located within street dghtof way "nodes" were assigned along the streets being financed by l~D No 91-1 (Figure 1). Node assignment cortesponds to the property lines of each tax rate zone that fronts the sueed. For example Node 1 and Node 2 comspond to Tax Rate Zones 13 and 14. After rho CFD was divided into nodes the costs associated with the improvements located between each node was dermas+.~._.± Step 2: Allocation of Cosfs to Tax Rate Zones 4 through 15 and Tax Ratc Zone 1-2.3 Costs associated with the different improvetrxnta being financed by CFD No, 91-1 were allocated to Tax Rate Zones 4 through 15 and Tax Rate Zone 1-2-3t based on the frontage of each Tax Rate l For pupova of ure Step 1 node assignment Tax Rare larw 1,2, and 3 was vaned a, a single unit To reflect the uraunent of tlKU corm zones at a single unit tine raraticn Tax Race Zone I.2-3 is used 91-I61JEx. E E-I Revised l l/l 1f91 Zone to the section of improvements being financed and the location of the property (i.e. east or wes[ side of street notth ar south side of street), allocation nP Costq,j,QP North-South Streets The costs far improvements ro Zaoa which trrxtt North-Sotnh streets was genecaily allocated as follows: Facility Properties Located on the East Side Properties [.orated on the West Side Srmet 50% 50% Esr[a Width Roadwa 100% to Zox 1-Z-3 100% to Zone 1-Z-3 Traffic Si 25% if on corner ZS% if on corns Sani Sewer 50% 50% Domestic Water SO% 50% Storm Drains 0962 50%- 100'.6 Gas Line 50% iD% Electric Lix 50% 50% Tel hone 50% 50% tti ht of Wa SO% 50% Additional Right of Wa 10096 to Zox I-2-3 ] 00% to Zone 1-2-3 ZNo charge is allacaad for dnittage facilities since p:opaty doratY drain into facilititl being cauvucted 41-16ZJEx. E E-2 Revised I1(11N1 Allocation of Costa far East-West Ctreets The cows far improvemenrs to Zones which front East -West struts were generally allocated az follows: Facility Properties Located on the North Side Properties Located on the South Side Street 50% 50% Extm Width Roadwa 100% to Zone 1.2-3 100% to Zone I-2-3 Traffic Si al 25% if on comer 25% if on corner Sani Sewer 5096 - 10096 0% Domestic Water 5096 50% Storm Drains 50%- 100% 096 Gas Line 50% 50% Electric Line 50% 50% Tel hone 5096 50% Ri ht of Wa 50% 50% Additional Right of Wa 100% to Zone 1-23 100% to Zonc 1-2-3 In the event a street fronts on property within CFD No. 91.1 and property thaz is not a taxable part of CFD No. 91-1 the cosu that would be allocated to the non-taxable propcrty wpe allocated to Tax Rate Zone 1-2.3. For example, the costs for the east side of Day Creels Boulevard from Baseline Road to the Future Foothill Freeway (Figure 1) have been allocated to Zone 1-2-3. Also note that costs associated with "Extra Width Roadway" that is the additional turn Ianes and strut improvements deemed necessary to serve the regional mall and regional [elated commercial uses within CFD No. 91-1, have ban allocated ]00% to Zone 1.2.3. fitstifi anon tar Front Foataee Cost Alloeation The costs which have been allocated m Tax Rate Zones 4 [ttrough 15 and Taz Rate Zone 1-2-3 of CFD No. 91-1 are associated with 'unprovcmenu which arc necessary and would otherwise be rtquired ro permit development of those properties to their full potontial consistent with the policies of the Victoria Cotttmuttiry Plan, the Industrial Specific Plan, and the General Plan of the Ciry of Rancho Lltcamanga ~No charge u allocated fa drawge faulitira sitter property doesn't drain into facilitip being mtwncted 91-161JEx. E E-3 Revised II/11N1 Step 3: Adjustment of Cost Allocation to Taz Rate Zones 13 and 14 On July 5, 1991 the City of Rancho Cucamonga, The Rancho.Cucamonga Redevelopment Agency and Foothill Associates entered inm an Owners Participation Agreement (OPA) m implement the Redevelopment Plan for the development of the propmy within Tax Aate Zone 15. The OPA states that Foothill Associates (the owne of property (mown az Tax Rate Zone IS) shall among other things "... aoquhe any and aU necessary street rightof--way. coastmct and install thaz portion of Day Crak Boulevard beginning at the wes[ property limit of the sine m its terminus at Rochester Avenue...". The portion of Day Creek Boulevard referenced in the OPA is the segment of mad identified in Figtue 1 az Pioneer Boulevard betsseen Tax Rate Zones 13 and 14. The OPA further indicates that Foothill Associates is enridtd m reimbursement equal m the sum of 50% of the construction costs for the constracdon of the off-site physical improvements (i.e. Pioneer Boulevard between Tax Rate Zones 13 and 14), related design and engineering expenses, and 5096 of the cost associated with acquisition of saeetrighr-of--way. In order to implement the reimbursement terms of OPA, since the street in question is being financed by CFD N0.91-1, the cost allocation to Tax Rate Zones 13 oral 14 was reduced by 50% with those costs allocated m Tax Rate Zone 15 N accordance with the tetras of the OPA. Step 4: Allocation of Costs Assigned to Ta: Rate Zone 1-2-3 to Tax Rate Zones 1, 2, and 3. The original cost allocation treated property within Tax Rate Zones 1, Z, and 3 az a single Tax Rate Zone. This purpose of [his step of the cost allocation process is to divide the costs allocated ro these three zotres az a whole m each individual zone. Due m the diffcettces in the land uses in Tax Rate Zone 1, 2, and 3 the costs were allocated based on land use plans pursuant m the the "Victoria Lakes South, Backbone Infratuvcture Cost Sharing Formulae, Maroh 12, 1991" prepared by Paul A. Monte & Associates, Inc. which is incorporated herewith and made a part hereof. The following paragraphs stmtmanu the assumptions and methodology contained therein. 91-162/Ex. E E-0 Revised I1ll 191 Sewer imnmvements The costs for sewn improvements, have been allocated on an equivalentdwelling-unit (EDU) basis according to estitnaud wasuwata generation The following wasuwata grnemtion factors Land Use Generation Factor EDU Assi nment Residential 200 allons/da 1 Dwellin Unit Cnmmatial 2.000 allons/acreJda 10 EDU's Acte Industrial 2.000 allons/ac[eJda 10 EDU's Acre Water Tmorovement! The cosy for domestic water system improvements have teen allocated on an IDU basis according _--.---- ~_ e_n_..__.......... A..na..d inn.~e wrR uvA~ [U CJIllLLIGI Wtl4G YJ Land Use ~ ~~ Generation Factor EDU Assi nment Residential 9t10 atlons/da 1 Dwellin Unit ~~~ 3,000 allons/acre/da 3.33 EDU's Acre Industrial 3,000 allons/acm/da 3.33 EDU's Acre Street imorovements The costs for sheet improvements and the extra width roadway costs have been allocated based on the estitna[ed vehiculaz nips per day. Vetdculaz trip generation factors were developed based on approved land use in Tax Rate Zones 1, 2, and 3 ps a traffic analyses completed by Arthur L. Kansan, PE, Consulting Traffic Engines amt Wesmn Pringle and Associatesa. Storm Drain Tmorovements The costs for smrm drain improvements have been divided among Tax Ra[e Zones 1, 2, and 3 based on both offsiu and onsiu flows. The cost for offsite improvements have ban spread equally to all properties on an acreage basis. The costs for onsiu improvements have been allocated to all properties on the basis of mttoff equivalent acres. t ltilitj 4 The costs utllides (i.e, gas, electric. telephone) have been allocated among the three zones as described hereinbelow. •'Victoria lakes South, Backbone Infruweture CoA Sharing Formulae, Paul A Moore & Acsociatet, Inc. Mann 12, 1991, Esltibin A and B 91-162/Ex. E E-S Revised 11/11H1 771E followin¢ ¢ne afncnnmrinn facmrc w'n. nen.i in rtiie Land Use Consum lion Factor ~ EDU Assi nment Residential 6,665 cubic fat/month 1 Dwellin Unit Cnmin.+.-ial 20 cubic feetJmattWsquan: fa[ of ss floor area 65IDU The followin electric consum lion fattors were used iu this analysis; Land Use Consumption Factor Residrntial 144,3051dlowattslmontb Commercial 2,945 lilowatts/malrhlacre 7fie cows for tole hone im rovemrnts wen: allocated hasad on the number of wire pails requited: Land Use Wire Pairs Ruidcnrial 2 pav per dwelling unit Coto+nereial 5 pair per 1,000 square Fat of ss floor area The toW costs for each facility type allocated to each rax me zone is presented m Table 1. 91-162lEx. E E-ti Revised I1/I lAl ~II~~`1~ .~ CITY OF RANCHO CUCAh!OCJG~l1 FORMATION OF COMMUNITY FACILITIES DISTRICT N0. 91-1 (VICTORIA COMMUNITY) INSTRUCTIONS FOR CONDUCTING PUBLIC HEARING A. The t4a yor shall announce: "'t'his is the time and place for hear'i ng all interested persons, property owners, voters and tax payers for or against: 1. The establishment of Community Facility District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga pursuant to the pcovisions of the Mello-Roos Community Facilities Act of 1982 as described in Resolution No. 97-277; 2. The boundaries of the proposed Conununity Facility District; 3. The public facilities described in Resolution No. 91-277 which are proposed to be financed 6y the Community Facilities District; 4. The issuance of not to exceed Fifty-Five Million Dollars ($55,000,000) in bonds to pay foe all oe a portion of the authorized public facilities; 5. 1'he levy of a special tax to pay for the authorized public facility, to pay debt service on the bonds, iE any, issued by the district, and for such other purposes as are described in Resolution No. 91-277; and 6. Any other matter set forth in either Resolution No. 91-277 or 91-278. I would now ask the City CLerk if the noSices as required by law for the public hearing have been properly given." B. The City Clerk shall Chen inform the City Council as follows: "I have d the Eo Mowing documentst ``J 1. Affidavit of publication oC the notice of the ~ Xy ~'" l r~)~ ~ public hearings; ~r, I i . /~ 'd"' 1 2. AffidaviC of mailing of.- the notice of. the public r# ~. ~' hea c~i ny; i Q i ~~ ~, ~ ~~ ~ ~,~ , d v 3. The certificate of the registrar voters certifying that the [e were less than twelve registered voters registered to vote in the proposed community facilities district on each of the ninety days proceeding .' the date of this hearing; I (,, ~ I have received written protests Erom the following ~ ki (~ individuals or entitles: Read names of individuals or entities filing protests. ~'1'lY~ .~"'~ta ~'.;',,, C. The president shall then s~tate~` -~ ~~`d'~ "~ ~ ~ ~ r`'~ Y ~`~ ?I "I would now ask the staff and the consultants to explain: 1. The nature of these proceedings; 2. The boundaries of the proposed district; 3. The facilities proposed to be financed by the district and the estimated costs of such facilities; 9. A proposed rate and method of apportionment of the special tax; and 5. The proposed issuance of bonds to finance the facilities." F'o llowing the presentation by the staff and consultants, the Mayor shall state: "I will now open the public hearing to receive any public testimony. I would ask first to hear from all those persons wishing to testify against any of Che following: 1. The establishmenC of the district; 2, The boundaries of the district; 3. The public facilities to be financed by the districC; 4. The rate and method of apportionment of the sPncial tax to be levied within the district; 5. The issuance of not to exceed Fifty-Five Million Dollars ($55,000,000) in bonds secured by the special tax to pay for all or a portion of the public facilities; and 5. Any ether matters set forth in either Resolution Clo. 91-Z77 or 91-1,78. f33 Uf3u/2643/007 _Z. Following completion of all testimony in opposition to the district, the Mayo[ shall state: "I will now hear from any person who wishes to speak in favor of the Distrirt." Following the completion of testimony in Eavox of the District, the Mayor shall state: "Finally, I will hear testimony Erom any other person interested in speaking on this matter." Following the completion of all public testimony, the president shall state: "There being no more testimony, Z will consider a motion to close the public hearing." D. Following the adoption of the motion to close the public, the Mayor shall state: "i would ask Eor a ceport regardiny the final percentage of protests filed in these proceedings." E. The special tax consultant shall pcovide a verbal report to the City Council regarding the final percentage of protests Filed in the proceedings. F. The Mayer shall then state: "DO any members of the City Council gave any questions of the City staff or our consultants or do you desire to discuss this matter before taking action on the proposed Resolutions?" G. following the completion of all questions and City Council discussions, the Mayor shall state: "There being no further discussion or questions, I will now entertain a motion to adopt the following Resolutions: 1. Resolution establishing Community Facilities District No. 91-1 (Victoria Community), authorizing the levy of a special tax within Community Facilities District Ne. 91-1 (Victoria ConUnu nity) and calling an election; and 2. Resolution determining the necessity to incur bond indebtedness in Lhe amount of $55,000,000 within Community Facilities District No. 91-1 (Victoria Community) in the City of. Rancho Cucamonga and calling an election," 830IIU/2683/002 -3- ~~ A ~3 ~ ox y atJ O g ~! c~ Cr ~r ~~ >~ C~ p C~ a "Q z~ ~~ ~~ ~Z K _ Y I i. '3 ~ = ~- y ~ ~6 x'F I ~ i `. ~, 1 • < -~ ~I. ~:: 3: _.._/. .._9 ~. •1 ~ ~ ~ c ~I'~ ( r ~ p p ~ ., ; 3 r_EF _~~ .. _, ~ ~r -~j: ~~, .~ ~ ~ ~ ~ ~_ - -- .~..n , :. ---_ ~,~_ . .m. ~= ~~ w:~ ~~- " ~ d ~ ~I :~ r~ ~ ~ ~ :. II < ;: J f~ I~ .3a ~r ~' o t ~ ~', U `ir 1 `; n ,~ ^ ~:. w:,: December 2, 1991 TRANSMITTED BY FAX MAYOR DENNIS STOUT MEMBERS O"r' THE CITY COUNCIL P.O. Box 807 Rancho Cucamonga, CA 91730 Dear Mayor Stout and Members of the City Council: My name is Anita Kidd and my family owns land in the proposed Mello-Roos Community Facilities District 91-1. On November 26, 1991, a final draft of the plans were received which unfortunately gives property owners very little time to review the plans before the proposed City Council meeting on December 4, 1991. Please be made aware that there are substantial tax consequences which will affect not only my family, but all involved property owners and therefore, it is respectfully requested that the City Covncil meeting be postponed for at last two weeks. This would give the affected property owners necessary time to review the final plans. The delay in receipt of the plans was not the result of property owner conduct, but rather occasioned by factors within the City of Rancho Cucamonga. As such, a continuance would 6e in the best interest of fairness. Therefore, the equities of the situation should compel a continuance. Thank you for your kind attention hereto. Very tru~l(`~y'~/I/~y~~oW~Ju'/hrs~, BY: - ANITA~ K~~ AMK:ad _ ...~. _..~.~ n... iu P.C CITY a. 0: ~ie(omThBo ~~~ ~°„~pc8any~rr-0af6 omxr rt„) ~9s-s9n ' i',iX (711)199-s173 DATE BAS TRAN~~ -~l? ~~91 To ~~ u PROM ~~t'6' -~iiv~~,i.0 YiV ~. IN NO. OF PACES I ~~ WN R'11~G JAt>: - ~' aFV 91- I t-tr~ 9H~At¢~, tests w1~+.t1flC cli~f~oaiuctLtcwGu~-: t w1~~ op~oSE cfb 91~ I uu-ri~ 1,~µSr4tlf~t+EDTbtIV~ ~t l5 BNI-Jf,~2.O ~s~~ ~ ~stE "5MA.6t,"u~paw~~. Ag TftE ~tN I LL FrSfiiGtA.~ 1 G4tiS146'~ AS Rr `'SM1wA~IL:' LAt;M~tN~,~. 1 'Db AtOfi ltt-sf' 17.1E W ~~ Mc.Vnvz mrc ~r-ote sT~ wtTtr~t R~rae~s+.E s~+ioN ~ 1 wlU, fl~P`frsC.T- AAy !W~'$~'535,~A1y-rHps@ cF-rt+E ~~ SMAa,~, C~On4litiE~ ,A4 1 THfNK 1~~6tvQt! M,Y ~~-'l1s JoE !7, J INQUIRIES For any questions celating to the proceedings, or any particulars, please contact the following designated person: ~incla l~nlel5 City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, California 91729 DATED: /s/ Debra J. Adams City Cleck 7404u/2683/02 -23- STATE OF CALIFORNIA ) 55. COUNTY OF SAN BERNARDINO ) I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the above and foregoing is a full, true and correct copy of Resolution No. 91-278 of said City Council, and that the same has not been amended or repealed. Dated: September 18, 1991 Debra J. Adams City Clerk of the City of Rancho Cucamonga 7404u/2683/02 -22- STATE OF CALIFORNIA ) 55. CODNTY OF SAN BERNARDINO ) I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City at a meeting of said City Cou rcil held on the 18th day of September, 1991, and that it was so adopted by the following vote: AYES: 5 NOES; 0 ABSTAIN: 0 ABSENT: 0 Debra J. Atlams City Clerk of the City of Rancho Cucamonga 7409u/2683/02 -21- Section 6. At the time and place set forth in this Resolution for the Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 91-1 (Victoria Community), may appear and be heard. Section 7. The City Clezk of the City Council is hereby directed to publish a notice (the "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 Community Facilities District No. 91-1 (Victoria Community). Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 8. The City Clerk of the City Council 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 proposed Community Facilities District No. 91-1 (Victoria Community) as shown on the last equalized assessment roll. Said mailing shall be completed not less than fifteen (15) days prior to the date of the Hearing. 7404u/2683/02 -20- Section 3. The indebtedness will be incurred for the purpose of financing the costs of designing, constructing and acquiring and inspecting the Facilities, acquiring necessary land and rights-of-way, equipment and property therefor, and fu if filling contractual commitments and carrying out the powers and purposes of Community Facilities District No. 91-1 (Victoria Community), including, but not limited to, the financing of costs associated with the issuance of the bonds and all other costs and incidental eapenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act. Section 4, It is the intent aE the City Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amount of $55,000,000 at a maximum interest rate not in eacess of 12 percent per annum ox a higher rate not in excess of the maximum rate permitted by law at the time that the bonds are issued. The term of the bonds shall be determined pursuant to a resolution of this City Council authorizing the issuance of the bonds, but such term shall in no event exceed 40 yeazs or such longer term as is then permitted by law, Section 5. A public hearing (the "Hearing") o:i the proposed debt issue shall be held at 7:00 p.m. or as soon theceaf ter as practicable, on November 6, 1991, at the City Council Chambers, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. 7404u/2683/02 -19" property, rights of way and easements for the above-described facilities (the "Facilities") and (B) the incidental expenses to be incurred in connection with financing the Facilities, all to fulfill the demand for services resulting from development within the City and the District; and WHEREAS, the City Council estimates that the amount required to finance the Facilities and incidental expenses is approximately $55,000,000; and WHEREAS, in order to Finance the design, acquisition and/or construction of the Facilities and incidental expenses, the City Council intends to incur bonded indebtedness in an aggregate principal amount not to exceed $55,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Community Facilities District No. 91-1 (Victoria Community) other than those properties excluded in the rate and method of apportionment set forth as Exhibit B to Resolution No. 91-277; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: Section L. The above recitals are true and correct. Section 2. It is necessary to incur bonded indebtedness within the boundaries of proposed Community Facilities District No. 91-1 (Victoria Community) in an aggregate principal amount not to exceed $55,000,000 to finance a portion of the costs of the Facilities for the District. 7404u/2683/02 -18- The following is the text of Resolution No. 91-278, adopted by the City Council on September 18, 1991: RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA TO INCUR BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT N0. 91-1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA WHEREAS, after receiving a petition signed by the property owner (the "Owner") of not less than 10 percent of the area of land (the "Victoria Community") proposed to be included within the hereinafter mentioned community facilities district, the City Council of the City of Rancho Cucamonga (the "City Council") has heretofore adopted Resolution No. 91-277 stating its intzntion to form Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga (Victoria Community) (the "Community Facilities District No. 91-1 pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), as amended, to finance (A) the following facilities: (1) traffic sig nalization; (2) street improvements; (3) sewer facilities; (4) water facilities; (5) storm drainage and flood control facilities; (6) utilities, including, but not limited to, natural gas transmission and electric generation and transmission facilities; (7) any other public facilities which the City and the District are authorized to contribute revenue to, own, operate or construct; (8) park improvements and (9) acquisition of all necessary real 7404 u/2683/02 -17- .• if =1 -'i~ i - - " ~' ! ~ '~i~ ' { 1 ~ si.j ,~} ~- o ~ r i {I II; ~ I{\\~ Y I~. ~6. [a F~ 1~ '~ I~~^~ .~ 51~ A -I~ ~ .. _I i E ! ,~vl , .~1.. OT~~11 i i'~~ ~~ i I u~- . III 00. ~~'- =o:c~~ - ', i "~ .-~ ', . j ~ I~~, ~ . i -- ; i ~ ~ . _i ~ .I ~~ f". r ~' ~ ~', I ~ ~~ ~ 6 a~Y ~ ',I F. I ~ :' , ,~. i I i, ~ Ili ~ "r•-. .TI~'._. ~r: ~ ~ , I l~ ~', ~ 1 ~I~__`l ~ tl x -I~`, Ali +; i~% , I .. f I ~,~. -il i ~ I ; ~s-~~ owl ='~`--~` >'-'r' TAX RATE ZONE MAP <I~'~ ~~~~ I I11 II .. I LEGEND ~' ~-111...; ' ~: ~ ..., ~ ~ ~ n L B E i T A i Irv ,"' 9ii r;1 `~]l: nU f[Er O TN( FNTF. LONE r~~„LR '1'~11~7 ry05ULE OASL MAP~CIIARQIOUIIAPTMAN w0a, ir,: Q7 nnonssoanTCs Reused Seprember Il, 19' (e) Sub¢act t.';e following amou.;[ from (d) above: Interes earnings to be gerc:ated at a reinvestmen[ ra[e as detetained by CFD No. 91-1 from t,Se date of prepaymen[ to the earlies[ available bond caL' darn. (E) Add the following amounts to (e) above to de;e:mirte the Parcels prepaymen[ amount: • unpaid Special Taxes which may have been enrolled on the Assessor's tax roll; In[ereu and penalties, if applicable, which may be associated with unpaid Special Taxes; and An administrative fee to cover the costs intoned by C.°D No. 91-1 associated with calculating the amoun[ of prepaymen[, redeeming bonds, and prparing amended tax bills. The Maximum Special Taxes as set forth in Section D for a Parcei udiizing a prepayment percentage less than 10090 shall be reduced in subsequent Fiscal Years by mulriolying the Maximum Special Tax by the prepayment nernentage actually used in Secton H.1 (b). An owner may also prepay and discharge a portion of the Special Tax obligadon applicable to a Parcel by dedicadng right-of-way, the anplicadon of which would otherwise be financed by CFD No. 91-t, so Iong as such dedication is consummated pror to such deadline as may be established by the Ciry Council. 2. Peoavment of oeci al Tax for Tax Rate ne 16 the owner of any Parcel within Tax Rate Zone 16 must discharge the Special Tax obligadon appiicable ro such Parcel in full through the prepayment of the Special Tax 91-! 62/Exhibit E 8-14 Revised September 11, 1991 per Ict or unit as a precondition to the issuance of a buiidng permit for such Pazcel- The amount of [.he prepayment shall be calculated as follows: (a) Determine the total remaining bond principal outsrardiag for Series BBonds- (b) Subtract fiom (a) above the dte total remaining bond reserve fund for the Scres B Bonds. (c) Divide the ttsult of (b) above by the total remaining planned residencal lots or units in Tax Rate Zone 16, including the units for which this calculation is being per.'ormed. (d) Subtract the following amount from (c) above: Inrereu carvings to be gcnera[ed at a rcinvestrnent rate as determined by CFiJ No. 91-1 from the date of prcpayment to the earliest availabie bond tall date. (e) Add the following amounts to (d) above to dece: mine the Pazrl's prepaymen[ amcunr. • Call prctrtium as required in the bond instrument, • [merest on (v) at the applicable bond ra[e from the date of prepayment to d;e euhes[ available bond tail date, Unpaid Special Taxes which may have been enrolled on [he Assessor's tax roll, • Interest and penaldes, if applicable, which may be associated with unpaid Special Taxes, and • An administrative fee to cover the costs incurred by CFD No. 91-1 associated with calculating the amoun[ of ptepaytnent, redeeming bonds, and preparing amended tax bills. 9l -167JExhibit E B-15 Revised Seprem6er 11, 195 C. MANNER OF COLLECTION Except for the prepayment of Special Taxes az provided for herein, the Special Taxes shall be collected in the same manner and at the same time az ad valorem property taxes, provided. However, that [he Council may authorize the collection of delinquent Spedal Tares by judicial foreclosure proceedings pursuant to Section 53356.1 of the Government Code. H. PAYOFF OF SPECIAL TAXES 1. Pr~avrrent of Special Taxes for Tax R t~,Zones 1 throw?h 15 The owner of any Parcel wi[hir. Tax Rate Zones 1 through 15 may discharge the Special Tax obligation applicable to such Parcel in whole or in pan at any time by making aone-time payment calculated as follows: (a) Compute the presen[ value of the Parcel's remaining paymen[s of the Maximum Sperat Tax a[ the weighted average yield on Series A Bonds issued for C.z-D No. 91-1. (b) Multiply (a) above by the proposed prepayment percentage to determine the prepaymen[ amount. (c) Add the following amount; to (b) above: • Call premium as required in the bond instrument, and • Interest on (b) at rho applicable bond rate for each year from the date of prepayment, if any, to the eazliest available band call date. (d) Subtract the following amount from (c) above: • The applicable portion of rho Pazcels pro testa sham of the bond reserve fund of the Series A Bonds issued for CFD No. 9l-l. 91-162/Exhibit E B-13 Revised Senrember LI, 19! F. E%EI~IPTIGNS The Board shall not lew a Special Tax on the following prope:des which may as of the date of formation of CFD No. 91-1 be: Properties owned by state, federal, or other local governments, except as otherwise provided in Section 53317.3 of the Govertrment Code; • Prope:ry within CFD No. 1 which is deaicated for the purposes of constructing CFD funded road faciliries; Approximately 25 acres of property within CFD No. 1 which are to bC dedicated to the City for the I-ake Park within the Village of Victoria lakes; -- • Prooeny withir. CFD No. 1 to be dedicated to or owned 6y the Southern Caiiiomia Edison Company, the use o[ which is fimited to utility parposes, Those Parcel at entry ways and along perimeter areas used for landscaping which arc dedicated :o and maintained by the City. Parcels or portion of Parcets conveyed or irrevocably offered fer dedication to a public agency afar formation of CFD No. 91-I, and not otherwise exempt pursuant ro this Section F, sha11 be subject to the lery of the Special Taxes pursuant to Section 53317.3 or Secdor. 53317.5 of the Government Code and shall be assigned a Tax Rate pursuant ro Section B. 91-1 o2/Exhfoit E B- l2 Revised 52pr2mber 11, 199 2. Atethod of Apportionment of Special Taxes for Special Tax Requirement - B On or prior to .4u;ust 1 of each Fiscal Year or such other date as may be established by !aw, the Council shall determine Sprial Taz Requirement - B for such Fiscal Year and shall lery the Special Taxes az follows: Step l: Tne Special Taxes shall be levied on all Parcels of Deve!oped Property in Tax Rate Zene 16 at 100 percent of the Assigned Special Tax Rate; however, if this amount exceeds Special Tax Requirement - B, the levy of Special Taxes on all Parcels of Developed P:ooerty shall be proportionally deceased until the revenues produced thereby will be equal to Special Tax Requirement - B. Stems ??: If the revenues which may be produced by levying the Special Tax pursuant to Step 1 are less than Special Taz Requiremen[ - B, the Special Taxes shall be levied prooordona!ly on all Parcels of Undeveloped Property in Tax Ra[e Zone 16 up to 100 zrccm of the Assigned Special Tax Race to produce ag~egatc revenues equal to Special Tax Requirement - B. to ': If the revenues which may be produced by levying the Special Tax pursuant to Steps 1 and 2 arc less than the Special Tax Requiremen[ - B, the Special Taxes shall be evicd propottonally on all Parcels of Developed Property up to 100°,'0 of the Altema[e Special Tax Rate to produce revenues equal to the Spedal Tax Requirement - B- 91-162/Exhibit E B-11 RP~ised SepremLer !1, 19 E. METHOD OF APPORTIOY34E~'T OF THE SPECIAL TAXES 1. Method of Apportionment of Special Taxes for Special Tax Requirement • A On or pr'or to August 1 of each Fiscal Year or such other date as may be established by law, ti:e Council shall de[erarine Special Tax Requirement - A for such Fiscal Year and shall levy the Special Taxes as follows: to 1: The Special Taxes shall be levied on all Pacels of Developed Pzoperry in Tax Raze Zones 1 through 15 at 100 percent of the Assigned Special Tax Rate; however, if this amount exceeds Specal Tax Requirement • A, the levy of Special Taxes on all Parcels of Developed Properry shall be propordonaily deceased until the revcaaes produced thereby will be equal to Special Tax Requirement • A. Step 2 If the revenues which may be produced by levying the Special Tax pursuant to Step 1 aze Less than Special Tax Requirement - A, the Special Taxes shall be levied propomonally on all Parcels of Undeveloped Propetry in Tax Rate Zones 1 through IS up to 100 percent of the Assigned Special Tax Rate to produce aggregate revenues equal [o Special Tax Requirement - A. to If tho revenues which may be produced by levying the Speral Tax pursuant to Snips I and 2 are less than the Special Tax Reeuvement • A, the Special Taxes shall be levied proportionally nn all Pazce(s of Developed Propetry up to 100% o[ the Alternate Special Tax Rate to produce revenues equal ro the Special Tax Requirement - A. 91-162/Exhibit E B• 10 1 L a v y li y 0 U 'J _ C U _U U U C7 C U N+ r 'r `' z L G C v w U L U U I c v ~ ~ v ~ a C U K C~ C< C°F c n c y r :.. r ~ b'~ C\', ` ~z ~~ v _~ - o •~ v y ~ v a v c ~ ~ x H ¢ ~ FU u U _ C % N F U J 4 v F z U C z w N a 4 V U 1 UO U1 C~ 6~ ~O n G~ ~ ~F ~F z °~ v _ g _ v u c ..c. '~ 6 O N V ~ ~ ~ U < 'J G L U C fl 'J U U ~ % X_ r F r F- F% z z z z y J U C G G ~ C OC N C ~ o ~c ~ c ~c wY iq iq u u fi .v. u v ~ °~ `a a ¢ ¢ < c v c v v ` v ` v c v ` v ~ r u ~ cr u ~ c~ v ~ c.~ ~ - ~.~ - v n~ -a c ~ w,xs c ~ H~ o ~ c w= ... c. O c ~-: h N I-. O ^ ~.-. ~ ~. - o c-. N vi c c F.. ~,z ~z ~z ~z v d z ~z ~, M d.z , - ~ 3 _ a a r o ~ o - '5 j > u '5 " > u a v ~ u ~ e ~ c ~ c u _. c 6 ^ 6 a ¢ ¢ a L ., ~n c v+ I b e 8-9 '`~ 1 v U 1 h L L C U U U V U ~ % C u x F- E :° ;, ~' z ~ U G 69 L L J c ~? Q `~ ~ u L K L~ ~ G o y f 4 ~ ~ v ~, ~, z L Q C = _T N J Ci p _ c - c v 3 ^ C r s a( N r; CJ U n L C ~ ,h L c c ~ v N C L J < ~ J Q ll L r F u z G c N c9 U 6 r_ ~ c G U ~ O .G. ~ F _v .~ z U C Q C N G C L r Q c u L 7 ~ u C a ^ V V J L C J Ll x_ F u z u z L G L G c c r Yf c ~ ~ U` tJ G C V Q < '~_ ~u yu ~a - c C` U 1 G ~F eF c NF ~z wz ~z U G C N C u oa v . ,`, > C ~ v r• B-8 n p, o c u U a c m J Sl :] U x F x F Z Z U L V ~G CC C r o? b w1 K ~ vV V ~ ~ . Q Q C u ` u ` v u `v +~ vL uL CL 6.? c x ac r ,~ x hx C °~ F= 1~ `° F C' a °O F M <F ~z «z ~,z d.z ' 5 c F o E c ~ E ' E - ~ E U a U ~ a n ¢ a Icy ° U L C rl L a L U h 1 u S UC x ~r V] G .U„ ._~ y ~.. ~ C ¢ c ~ :OL x ,~ Q U c. ~ ~_ U) T=~ .. GV = U G n z ~~ z Z L (n U i ~ J ~ ~ ~ ~ ~ ~ < < < G < < < U Y U U ll U U ~ r ~ r_ L L r n L r ~ x x K . x x K x F F^ F- F F F F z z z z z z z c c a c c c c m m m m eo C c ^ _ L1 N ao 69 m 69 m NY oo 64 ao W N 69 Vf y U U U ` d C `. C ¢ Q < t C ~ C ~ ~C ~ C ~ U ' V U y~ U F Y V t C O G ~ G a ~ 6L n O.L b x v~ c.- U. c ~ a b O ~ n b C F ~ aN0 ['1 h S ~O b U .~- Y -~.. u N y G l IA 69 N Vi Vi VfZ 49 Z 6q Z 49 z 6g Z U U U ¢ ¢ < G U > > a ;, c o c a C\ O P C ri c ri e h -~ N ~- N O O C C O c .c _ Y ~~~ ~ C C u u u 3 3 c c c o 0 3 ;, v v ~ ? u Y Y " y u u v u ° ` ~ 3 3 o z a u . 0 n n n r n y ~ u ~ u O O O O L O v 4 y ~ CJ ~ BC D ~J U u C _ ~ N t~ F= ~ 9-i ~ ~ G < U U K r F z z L G x oa m x M t•? f~~ N 49 69 u_ v_ Y C C ¢ 4 L V u` `u C.~ C G ..~ - .N-. b h n N . (-. W m w' U ~~,~z U U ¢ a ~ c C. O c l~ N O V r O c c u U L > ~ 'J_ U C C C a ¢ q U u (.J, R?ti~ised Sepre.Tber 11, 19` contained therein and shall be subjcet to the levy of the Special Tax in accordance with the rates and method of appordonmeat sec fonh in Sections D andE below. D, bi.9XI~tUM SPECIAL TAX RATES The Maximum Special Tax fez Pxtcels within each Tax Rate Zvne for each Fiscal Year for Deve!opcd Propezry shall be the greater of the Assigned Speriai Tax Race or the Alternate Special Tax Rate, and for Undeveloped Property shall be the Assigned Special Tax Rate all u set forth in Table 1 below. If Developed Propem which is Residential Property has been subdivided and/or developed so as to result in a density which does not fall within any of the Tax Classes defined for any Tax Rate Zones set fotth in Table 1, the Assigned Special Tax Rate for each Pazcel or unit within such final subdivision map, pazcel map, or fune:ionally equivalent map or insQUment shall be the greater amoun[ of the applicable Assigned Speaa! Tax Rate sec forth in Table 1 or the amount calculated using the applicable Alternate Specal Tax Rate sec forth in Tabie 1. If the land use of a Panel within any given Tax Ra[e Zone changes from the applicable land use shown on Table 1, the Assigned Special Tax Rate for such Panel shad be the Alternate Special Tax Rate, which would have been applicable to such Parcel had its land use not changed. 91-16?rExhibit E B-6 Revised September 11, 19 "Undeveloped Property" means all Pazcels in CFD No. 91-1 which are not classified as Developed Property or exempt prooerry putsuan[ to Section F. "Victoria Community Ptan" means the Victoria Cottuaunity Plan of the City of Rancho Cucamonga adopted by the Ciry Council on May 20, 1981 as may be subsequendy modified, suppiemented or amended. "Victoria Lakes" means the Village of Victoria Lakes as shown in the Victoria Community Plan. "Victoria Windrows" means the Village of Victoria Windrows as shown in the Vicroria Community Plan. B . ASSIGNMENT TO TAX RATE ZONE For purposes of determining the applicable Maximum Special Tax as specified in Table 1 in Section D betow, Parcels shall 6e assigned to one of the Tax Rate Zones pursuant to Figure 1. C. ASSIGNMENT TO TAX CLASS For each Fiscal Year, all Pazcels within CFD No. 1 shall be classified either as Developed Property, Undeveloped Propeny, or Ezempt Property. Additionally, each Pazcei of Developed Property within Tax Ram Zones t and 4 shall be assigned ro a Tax Class within such Tax Rate Zone depending upon its density calculated by dividing the number of Pazcels or dwelling units is the recorded subdivision map, parcel map, or funrdonaliy equivalent map or instnrment in which the Parcel is included by the Net Taxable Acres as 91.162/Exhibit E B-S Rzvisrd September 11, 19 the bond resoludon for the Series A Bonds reasonably expecttd [o be available, except those earnings that may be required for rebate purposes. "Special Tax Requirement - B" means [hat amount rcquired to be collected from Tax Rate Zone 16 in any Fiscal Year to pay: (1) deb[ service on all Sezies B Bonds or other indebtedness of CFD No. 91-1 related to improvements described in the defutidon of [hc Series B Bonds, (2) costs incurred by the Ciry and CFD No. 91-1 in the annual levy and collection of the Special Taxes related to the Series B Bonds, (3) other reasonable cosu of CFD No. 91-1 related to the adminis¢adon of the Series B Bonds, and (4) any amounts requred !o replenish any reserve funds established in association with the Series B Bonds issued and sold for CFD No. 91-1. In calculating the Special Tax Requirement for a Fiscal Yeu, items (1) through (4) shall be ne[ of bond reserve earnings and other in[erest earnings described in the bond resoludon for the Series B Bonds reasonably expected [o be available, cxcept [hose earnings that may be required far rebate purposes. "Special Tax(es)" means the Special Taz to be levied in each Fiscal Yeaz on all Pazcels to fund either the Sperial Tax Requirement - A or the Special Tax Requirement - B. "Taxable Property" means all Pazcels in CFD No. 91-1 which are not exempt from the Levy of Special Taxes pursuan[ to law or Secdon F below. "Tax Rate Zone" means any of the sixteen (16) Tax Rate Zones listed in Table 1 hereof ro which a Parce! is assigned as a resin[ of its location on the Tax Rate Zone Map included as Figure 1. 91-167JExhibit E B-4 Revised Se.~ten~er li, 1991 "Assigned Special Tax Rate" means the applicable Special Tae per Pazcel based on the applicabie ate per dwelling unit or A'et Taxable Acre as specified in Table 1 below. "Developed Property" means, as of July 1 of any Fiscal Year, all Pazcels for which a final subdivision map, parcel map or functionally equivalent map or instrument c:eadng Tors or parcels upon which residential units may be constructed or aeating lots or pazcels far commercial and industrial development has been recorded prior to Mazch 1 of the prettding Fscal Year. "Exempt Property" means any Pazcel or other property wi[hin CFD No. 91-1 desaibcd in Section E which is exempt from the levy of the Special Tax. "Fiscal Year" means the period starring on July 1 of any year and ending the following June. 30. "Maximum Special Tax" for a Pazcel of Developed Property, means the greater of the Assigned Special Tax Rate or the Alternative Special Tax Rate applicable to such Pamei. Maximum Special Tax for a Parcel of Undeveloped Property, means the Assigned Special Tax Ram apolicable m such Parcel as sec forth in Ta61e 1 below. "Yet Taxable Acre" means an acne of Developed Property or Undeveloped Property, exclusive of properly exemp[ed by law or the provisions of Section F below from the Special Tax; the acreage calculation fot Developed Properly will be based on the dimensions as shown on or calwlated from the recorded final subdivision map, pazcel map, or fvncrionally equivalent map or instrument: the acreage calculation for Undeveloped Property shall be the acreage shown on or calculated from the Assessor's Pazcel Map. 9 t-162/Exhibit E B •2 /2evised Seprember 11, 19S "Residential Property" means those Parcels upon which residential units may build. "Series A Bonds" means those bonds issued by CFD No. 1 to fund domestic water improvements, sanitary sewer improvements, mad improvements, flood control and storm drain improvements, utility improvements, and rightof-way acquisition. "Series B Bonds" means those bonds issued by CFD No. 1 to fund construction of the Lakes Park in the Village of Victoria Lakes. "Non-Residential Property" means those Pazcels which are not classified as Residential Property or exempt property pursuant to Section F. "Parcel" means a lot or parcel shown on an Assessor's Pazcel Map with an assigned Assessor's Pazce1 number as of the date of the levy of the Special Taxes for each Fiscal Year. "Special Taz Requirement - A" means that amount required [o be coUectnd from Tax Rate Zones 1 through 1~ in any Fiscal Yeaz to pay: (1) debt service on all Series A Bonds or other indebtedness of CFD No. 91-1 related to the improvements as described in the definition of the Series A Bonds, (2) costs incurred by dte Ciry and CFD No. 91-I in the annual lery and collecrion of the Special Taxes related to the Series A Bonds, (3) ocher reasonable costs of CFD No. 91-1 related to the admvtistration of the Series A Bonds, and (4) any amounts required to replenish any resrne funds es[abGshed in association with the Series A Bonds. In calculating the Sperial Tax Requirement - A for a Fiscal Yeaz items (1) through (4) shall be net of bond reserve earnings and other interest earnings described in 91-162/ExhibitE B-3 Revised September 11, 19`' EXHIBIT B RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNTTY FACILTTIES DISTRICT N0. 91.1 (VICTORLI COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA A Special Tax, the "Special Tax(es)" (defined below), shall be applicable to each Pazcel (defined be!ew) locazed in Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga (hereinafmr "CFD No. 91-1"). The amoun[ of Special Tax to be collected from cach Parcel in any Fiscal Year (defined below) shall be dem:mitted by the Ciry Council of the Ciry of R -ho Cucamonga (hereinafter d[e "Council" and the "Ciry"), acting in its capacity as the le; slati~ ~ -ady of CFD No. 91-1, in accordance with the rate and method of apporrionment described below. Ail of the propeny in C'rD No. 91-1 unless exempted by law or Section F below, shall be taxed for the purposes, [o dte extent, and in d[e manner provided herein. A. DEFINITIONS "Assessor's Parcel Map" means an official map of the County Assessor of the County of San Bema:dino designating Parcels by Assessors Parcel Number. "Alt z Special Tax Rate" far Developed Fropeny which is Residential Property meat. .: amount of tax computed by multiplying [he numbers of Net Taxable Acres contained within a final subdivision map, pazcel map, or functionally equivalent map or instmment by ttte applicable Altcmate Special Tax Rate as specified in Table 1 below. The resulting product is then divided by the number of Parcels or dwelling units contained in said map. The resulting quotient is the Al[emate Special Tax Rate for each Pazeel or dw~i'^g unit crea[ed by said final subdivision map, pazcel map, or functionally equivalent m _• srn[ment. For Developed Property which is Non-Residential Property, the A. special Tax Rate shat' be the amount p;r Net Taxable Acre as specified in Table 1 be 91-15ilEc,. E B-L > 8 b i ffi n a 0 p~y a z ~8° Q _ Aka 0 ~ a°, i:~ Toy RB u ~ < a ei~ yNa8 ~ U ~ -rY ~ ~ Z o bi] r ~ w i ~e ~ 8 (n U ~ 0 3 _ W ~ o L 19 $'ki kk k 4 ~ 9~ v F- c „ q~ ~i:i) o L to ~~ a$: i k. a Q a ;t~' to ,.. o o ~ ~ ~ a~ ,~ d= Z Y w , e F m ~ Z z aa~ O to ~ y a 0 V .~ ~ ~ O O ~ \ ` L r 'f'f• )a • 'l'a• , ~ i ~i ~ p J a y Q ~ U ~ ~ ~ Z i a` 8 T ~ z a --- a -----~;' -~- - --- --- --r- - -- ~ ~ ~ . oo., ~ `M ^ i ' ~ ~ . ' ~~ ~ ~ p 3 I ~t 4i f A. .s U k ^ j^ ik ~ s ~ ~a t$ ~ ' s.a ~,;.. .,....,a. awo~ i.HNAM1 •Yi III ,. ~9 Ln b 8 ~ ~ o • ~~ i ~ ppC ' p a i ...,w< ~~ +~ I ' Y ' k • ~ 'z ~ Y k ~ LL ~ ~ a a ~9 1 ~ Q f ee, .. ma.v w man a O O oJ'°'q. yy f~ . ., y w °,~° E ~ cq U ~ ` W ~ o z ~ V i $ z p } o-' Apn. 0 O ~ ~ m Il.l ~ O O rr f p J a j ~. ~ ....,,~. ..,.. U u N a o O l L ~ a ' a ~ ~ O °s C } ~ a ~, 3 - - - ::».~p . I ,,. z a --- --- --------- ----- s ~ ~ 4 i a 6 ~ a O o v v 5 ]] g3D0 6 0 x 1 ~ 1 u J J ' t• ~~; F~~ j?a "a ~ ~~6~~t~G.~ `SSE ~ ~ o ~9~ ~6Ga6~la,~ ~.~~ ~ 6 °a ~ ~_~K . s arty ~ -- ~~: ~-a~6r5 ~ o yi' ~ 9 s-°~ Y ]~ ' s k] ~:^~ ou~~ .E IMF ~ I og ~ Eu 'rya _ g,_ . E ~ M O) a y1 r ~6~g,~,~~~~ ~ ~~qqa~~ ~ u i ~~ 6 q ~ ~ ~~ a _~SO~ ~u E tS I7a8 ~ o iX `a '~ z o w E- a (n U w W ~ o Lr ~ ~ _ Q ~ e ,-. a Q O F w Z - m Q ~ z ~ ~ b O V1 f h d W ~ ; -W ~ o € ~ ~ ~ n Y G Q J 6 z ~ __ nan .w _^ W U ¢ u ~ ~ ~ ~ r OLL ~ ~ ;~F~ ! tl O ~ ~ '''I1 ~ __ lp~ ~I fal ~ 9'>a Z O _ ___ Q ~ - -----____naa:xo - ~>m- ~A __ ~8_-- ~ i i ~~ Q LLO U U I STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) I, Debra J. Adams, City ClerK of the Cucamonga, California, do hereby certify that foregoing is a full, true and correct cony of 91-277 of said City Council, and that the amended or repealed. Dated: September 18, 1991 same has not keen City of Rancho the above and Resolution No. Debra J. Adams City Clerk of the City of Rancho Cucamonga 7404u/2683/02 -14- STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ss. I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly adopted by the City Council of said City at a meeting of said City Council held on the 18th day of September, 1991, and that it was so adopted by the following vote: AYES: 5 NOES: 0 ABSTAIN: 0 ABSENT: D Debra J. Adams City Clerk of the City of Rancho Cucamonga 7404U/2683/02 -13- of the cost of providing those public facilities and an estimate of the fair and reasonable cost of any incidental expenses to be incurred. Section 11. The City Clerk is hereby directed to publish a notice (the "Notice") of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 91-1 (Victoria Community). The Notice shall contain the tezt of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the zegistered voters and landowners in the proposed district and a description of the proposed voting procedure Eor the election required by the Act. Such publication shall be completed at least 7 days prior to the date of the Hearing. Section 12. The City Clerk is directed to send a copy of the Notice of the Hearing by first-class mail, postage pcepaid, to each registered votec and to each landowner within proposed Community Facilities District No. 91-1 (Victoria Community) as shown on the last equalized assessment roll of the County of San Bernardino. Said mailing shall be completed not less than EiEteen (15) days prior to the date of the Hearing. 7404u/2683/02 -12- Community as were provided by the capital facilities mentioned in subsection (a); and (c) if the City Council makes the findings specified in subsections <a) and (6) above, it will consider appropriate action to determine that the total annual amount of ad valorem property tax revenue due from parcels within Community Facilities District No. 91-1 (Victoria Community), foi purposes of making lease payments or paying principal and interest on the debt identified in subsection (a) above, shall not be increased after the date on which Community Facilities District No. 91-1 (Victoria Community) is created, or after a later date determined by the City Council with the concurrence of the legislative body which levied the property tax in question. Section 9. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 91-1 (Victoria Community), may appear and be heard. Section 10. Each City officer who is or will be responsible for providing the Facilities within Community Facilities District No. 91-1 (Victoria Community), if it is established, is hereby directed to study the proposed District and, at oc before the time of the above-mentioned Hearing, file a report with the City Council containing a brief description of the pu 6lic facilities by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 91-1 (Victoria Community), an estimate 7904u/2683/02 -11- apportionment of the special tax shall be held at 7:00 p.m., or as soon thereafter as practicahle, on November 6, 1991, at the City Council Chambers, 10500 Civic Center Crive, Rancho Cucamonga, California 91730. Should the City Council determine to form the District, a special election will be held to authorize the issuance of the 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 special election will be a landowner vote with e~;ch landowner having one vote for each acre of land or portion thereof owned within the District. Section 8. At the time and place set forth above Eor the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 91-1 (victoria Community) shall be established and as to the rate and method of apportionment of the special tax and shall consider: (a) if an ad valorem property tax is currently being levied on property within proposed Community Facilities District No. 91-1 (Victoria Community) for the ezc l~~sive purpose of making lease payments or paying principal or interest on bonds or other indebtedness, including state school building loans, incurred to finance construction of capital facilities; and (b) if the capital facilities to be financed and constructed by Community Facilities District No. 91-1 (Victoria Community) will provide the same services to the Victoria 7404u/2693/02 -10- the Act, a continuing lien to secure each levy of the special taxes shall attach to all taaable real property in the District, and that lien shall continue in Eull force and effect until the special tax obligation is prepaid and permanently satisfied and the lien cancelled in accordance with law or until collection of the special taxes by the City Council ceases. In the event that a portion of the property within Community Facilities District No. 91-1 (Victoria Community) shall become for any reason exempt, wholly or partially, from the levy of the special taa specified on Exhibit "B", the City Council shall, on behalf of Community Facilities District No. 91-1 (Victoria Community), cause the levy to be increased, subject to the limitation of the Maximum Special Tax for a parcel as set forth in Exhibit "B", to the eatent necessary upon the remaining property within Community Facilities District No. 91-1 (Victoria Community) which is not delinquent or exempt in order to yield the required debt service payments. The obligation to pay the special tax may be prepaid and satisfied pursuant to the provisions of Exhibit A hereto. Section 6. The City Council hereby finds that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of development occurring therein and within the District. Section 7. A public hearing (the "Hearing') on the establishment of the proposed Community Facilities District No. 91-1 (Victoria Community) and the proposed rate and method of 7404u/2683/02 -9- Section 4. ;he following facilities (collectively, the "Facilities") proposed to be provided within Community Facilities District No. 91-1 (Victoria Community) are public facilities as defined in the Act, which the City and the District are authorized by law to construct, acquire, own and operate: (1) traf Eic signalization; (2) street improvements; (3) sewer facilities; (4) water facilities; (5) storm drainage and flood control facilities; (6) utilities, including, but not limited to, natural gas transmission and electric generation and transmission facilities; (7) park improvements; (8) any other public facilities which the City and the District are authorized to contribute revenue to, own, operate or construct; and (9) acquisition of all necessary real property, rights of way and easements for the above-described facilities. None of the Facilities has been completed as of the date hereof. It is the further intention of the City Council that the Community Facilities District No. 91-1 (Victoria Community) finance such incidental expenses incurred in the formation of .he District as may be permitted by the Act, including, without limitation, engineering, inspection, legal, fiscal and financial consultant fees; election costs and City staff time. Section 5. Except where funds ate otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax sufficient to pay for: (i) the Facilities (including incidental expenses for the design, planning, 7404u/2683/07 -7- engineering and inspection of the Facilities); (ii) the principal and interest and other periodic costs on the bonds proposed to be issued to finance the Facilities, irc luding the establishment and replenishment of reserve funds, any remarketing, credit enhancement and liquidity facility fees; and (iii) the costs of Eorming Community Facilities District No. 91-1 (Victoria Community) and administeri rg the levy and collection of the special tax and all other administrative costs of the special taa levy and bond issue and (iv) such other incidental expenses as may be permitted by the Act, The rate and method of apportionment of the special taa are described in detail in Exhibit "B" attached hereto. Exhibit "B" allows each landowner and resident within the District to estimate the maximum amount that may be levied against each parcel. The special tax is, in part, based on the expected demand that zach parcel of real property within Community Facilities District No. 91-1 (Victoria Community) will place on the Facilities and, in part, on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines the rate and method of apportionment of the special tax set forth in Exhibit "B" to be reasonable. The special taa is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the ownership of real property, Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, and as provided in Section 53340 of 7404u/2683/02 -8- of the State of California (the "Act") to finance certain public facilities as more particularly described below, and (2) the incidental expenses to be incurred in connection with f inancinc the Facilities, all to fulfill the demand for facilities resulting from development within the City and the District; and WHEREAS, the City Council has determined that the petition submitted by the Owner complies with the requirements of Section 53319 of the Act and now intends to form Community Facilities District No. 91-1 (Victoria Community) to serve the Victoria Community pursuant to such petition and request; and WHEREAS, the City Council further intends to approve an estimate of the costs of the Facilities, as defined below, and the incidental expenses for Community Facilities District No. 91-1 (victoria Community); and WHEREAS, it is the intention of the City Council to finance the construction or acquisition of the Facilities, as defined helow, for the Victoria Community through the formation of Community Facilities District No, 91-1 (Victoria Community) and to pay for certain incidental expenses necessary to the construction and acquisition of the Facilities, as defined below, including costs associated with the creation of the District and the issuance of bonds, the establishment and replenishment of bond reserve and special reserve funds; provided that the sale of bonds and the levy of a special tax to pay for the principal and interest on the bonds and such incidental expenses is approved at a special election to be 7404u/2683/02 -5- held within the boundaries of Community Facilities District No. 91-1 (Victoria Community); and WHEREAS, the Owner has agreed to advance funds to the City to pay all costs incurred in creating the District and has incurred certain other direct costs related to the formation of the District and the construction of certain of the Facilities, as defined below, which the City desires to reimburse tb the Owner from the proceeds of any bonds sold 6y the District as permitted 6y Section 53313.5 and 53319.9 of the Act; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE, DETERMINE AND ORDER as Follows: Section 1. The above recitals are true and correct. Section 2. A community facilities district is proposed to be established under the terms of the Act. it is further proposed that the boundaries of the community facilities district shall he as depicted on a map thereof as Community Facilities District No. 91-1 (Victoria Community) a copy of which is attaci;ed as Ezhibit A hereto and the original of which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with 'the County Recorder for the County of San Bernardino within 15 days after tiie adoption of this resolution, all as required by Sections 3110 and 3111 of the Streets and Highways Code of the State of California. Section 3. The name of the proposed Community Facilities District shall be "Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga". 7404u/2683/02 -6- PRESENT EVIDENCE AND TESTIMONY FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, THE EXTENT OF THE DISTRICT, OH THE FURNISHING OF SPECIFIED TYPES OF PUBLIC FACILITIES FURTHER DESCRIBED IN THE RESOLUTION OR ANY OTHER MATTERS DESCRIBED ABOV'c. ANY PROTEST PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE FORMATION OF THE DISTRICT MUST BE IN WRITING ANC SHALL CLEARLY STATE THE IRREGULARITIES OR DEFECTS 1'O WHICH OBJECTION IS MADE, AND SHALL 8E FILED WITH THE CITY CLERK ON OR BEFORE THE TIME SET FOR THE HEARING. IF FIFTY PERCENT (SO$) OR MORE OF THE REGISTERED VOTERS, OP SJX (6) REGISTERED VOTERS, WHICHEVER IS MORE, RESIDING WITHIN THE DISTRICT OR OWNERS OF MORE THAN ONE-HALF (1/2) OF THE AREA OF LAND WITHIN THE DISTRICT FILE WRITTEN PROTESTS AGAINST THE ESTABLISHMENT OF THE DISTRICT, AND PROTESTS ARE NOT WITHDRAWN SO AS TO REDUCE THE VALUE OF THE PROTESTS TO LE55 T:iAN A MAJORITY; THE CITY COUNCIL SHALL ABANDON THE PROCEEDINGS AND NO FURTHER PROCEEDINGS TO ESTABLISH THE DISTRICT OR TO LEVY THE SPECIFIED SPECIAL TAX SHALL BE TAKEN FOR A PERIOD OF ONE YEAR FROM THE DATE OF THE DETERMINATION BY THE CITY COUNCIL. THE CITY COUNCIL MAY MODIFY THE PROCEEDINGS IF SUCH MAJORITY PROTESTS ARE ONLY AGAINST THE FURNISHING OF A SPECIFIED TYPE OR TYPES OF FACILITIES WITHIN THE DISTRICT OR AGAINST LEVYING A SPECIFIED SPECIAL TAX BY CAUSING THOSE FACILITIES OR THAT SPECIAL TAX TO BE ELIMINATED BY THE CITY COUNCIL. 7404u/2683/02 -1- IF THE CITY COUNCIL DETERMINES TO FORM THE DISTRICT, AN ELECTION WILL BE HELD WITHIN THE DISTRICT TO APPROVE THE ISSUANCE OF BONDED INDEBTEDNESS BY THE DISTRICT, THE LEVY OF A SPECIAL TAX ON THE PROPERTY WITHIN THE DISTRICT, AND TO APPROVE AN APPROPRIATIONS LIMIT FOR THE DISTRICT, EACH LANDOWNER WITHIN THE DISTRICT SHALL HAVE ONE VOTE FOR EACH ACRE OR PORTION OF AN ACRE OF LAND OWNED WITHIN THE DISTRICT. FOR A PROPOSITION TO BE ADOPTED, TWO-THIRDS OF THE VOTES CAST AT THE ELECTION MUST FAVOR PASSAGE. The following is the tezt of Resolution No, 91-277, adopted by the City Council on September 18, 1991: RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT N0. 91-1 (VICTORIA COMMUNITY) OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the owners (collectively the "Owner") cf not less than 10 percent of the area of land depicted on the boundary map described herein have Eiled a written petition with the City of Rancho Cucamonga (the "City") to establish Community Facilities District No. 91-1 (Victo cia Community) of the City of Rancho Cucamonga (Victoria Community) (the "COmanunity Facilities District No. 91-1" or the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code 7404u/2fi 83/02 -4- exRlslr .~ NOTICE OF PUBLIC HEARING ON INTENTSON TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO, 91-1 AND TO ISSUE BONDS TO FINANCE PUBLIC FACILITIES NOTICE IS HEREBY GIVEN that the City Council of the City of Rancho Cucamonga (hereinafter referred to as the "City Council") has adopted its Resolution No. 91-277 (the "Resolution of Intention") on September 18, 1991, the teat of which is set forth in full below, declaring its intention to establish a community facilities district pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (California Government Code Sections 53311 et se .), for the area of land described in the Resolution of Intention which is located in the City of Rancho Cucamonga. The afo[ementioned District has been designated as "Community Facilities District No. 91-1 (Victoria Community) of the City of Rancho Cucamonga" (the "District"). Un September 1B, 1991, the City Council also adopted Resolution No. 91-278 declaring its intention to have the District issue $55,000,000 in bonds to finance the construction, acquisition, modification, expansion, or rehabilitation of certain real and other tangible property with an extended useful life of five years or longer consisting of street improvements, including (1) traffic signalization; (2) street improvements; (3) sewer facilities; (4) water facilities; (5) storm drainage and flood control facilities; (6) utilities, including, but not limited to, natural gas transmission and electric generation and transmission facilities; (7) park improvements; (B) any other public facilities which the City and the District ace authorized to contribute revenue to, own, operate or construct; and (9) acquisition of all necessary teal property, rights o£ way and easements for the above-described facilities (the "Facilities") and to finance incidental eapenses to be incurred in ccnnection therewith. The District intends to repay the bonds by levying a special tax on property within the District. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING HAS BEEN SCHEDULED FOR THE 6TH DAY~OF NOVEMBER, 1991, AT THE HOUR OF 7:00 P.M., OR AS SOON THEREAFTER AS SUCH MATTER CAN BE HEARD, AT THE REGI7LAR MEETING OF THE CITY COUNCIL TO BE HELD IN THE COUNCIL CHAMBERS LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, AT WHICH TIME THE CITY COUNCIL WILL HEAR ALL EVIDENCE AND TESTIMONY BY ALL INTERESTED PERSONS, PROPERTY OWNERS, VOTERS AND TAXPAYERS FOR. OR AGAINST (1) THE ESTABLISHMENT OF THE DISTRICT, (2) THE EXTENT OF THE DISTRICT, (3) THE FURNISHING OF THE PUBLIC FACILITIES DESCRIBED IN THE RESOLUTION OF INTENTION, (4) THE LEVY OF A SPECIAL TAX TO PAY FOR THE PUBLIC FACILITIES, (5) THE ISSUANCE OF UP TO $55,000,000 IN BONDS SECURED BY A SPECIAL TAX TO PAY FOR ALL OR A PORTION OF THE PUBLIC FACILITIES, AND (6) ANY OTHER MATTERS AS SET FORTH IN THE RESOLUTION OF INTENTION. ALL PERSONS INTERESTED, INCLUDING PROPERTY OWNERS, TAXPAYERS AND REGISTERED VOTERS, MAY APPEAR AT THE HEARING AND STANLEY LI^ WILLIAM LYON CO. 949 HAMPTON ROAD 4490 VON KARMAN ARCADIA CA 91006 NEWPORT BEACH CA 92660 CNIEN-LU WANG EDA ELLENA 1508 BEECH STREET 1792 N. EUCLID AVENUE SOUTH PASADENA CA 91030 UPLAND CA 91786 FOOTHILL ASSOCIATES GWO-CHAU LLAO 19 CORPORATE PLAZA 1685 ROSE AVENUE NEWPORT HEACH CA 92660 SAN MARINO CA 91108 HFA ASSOCIATES HONZEN OU 43560 LA JOLLA VILLAGE DRIVE .I 2682 SHADOW CANYON DRIVE SAN DIEGO CA 92122 DIAMOND BAR CA 91765 JAMES HERRERO JAMES J. HERRERO 6646 FARMDALE AVENUE 13006 PHILADELPHIA STREET NORTH HOLLYWOOD CA 91606 WHITTIER CA 90601 JOAN V. AGGAZOTTI TR LYON COMMUNTIES INC 215 HARTFORD PLACE 4490 VON KARMAN UPLAND CA 91786 NEWPORT BEACH CA 92660 LYON COMMUNTIES INC NABISCO INC. 4490 VON KARMAN 200 DE FOREST AVEENUE NEWPORT BEACH CA 92660 EAST HANOVER NJ 07936 7SSI PIEROTTI RANI'HO CUCAMONGA REDEVELO 920 E. FOOTHILL BLVD. N0. 8 p,0, BOX 807 40NROVIA CA 91016 RANCHO CUCAMONG CA 91729 STATE OF CALIFORNIA) DECLARATION OF SPECIAL TAX CONSULTANT ss. COMPLIANCE WTCH SECTION 53322.4 OF THE COUNTY OF SAN BERNARDIl`10) GOVERNMENT CODE WITH REGARD TO The undersigned dechves as follows: We are the Special Tax Consultant retained by the City of the Rancho Cucamonga, California in connection with the formation of Community Facilities District No. 91-1 (Victoria Community). On ~ ! ~ t , 1991, pursuant m Section 53322.4 of the California Government Code, we mailed, postage prepaid, a Notice of Public Hearing of Intention to Establish Community Facilihcs District No. 91-1 and to Issue Bonds to Finance Public Facilities to each registered voter and to each landowntt within the boundaries of the proposed community facilities district A copy of such Notice is attached herem, marked Exhibit A, and incorporated herein, I declare under penalty of perjury that the foregoing is we and correct. DATED: ~ ~ . i , '. ~ ~ , 1991 A#bert A. Webb Associates 91.162Jfotml9l-1 Affidavit maw ~~ BUAFORD ~ ~Y91n®F ~NCxo cacAncw,., .N~1C LACAL~1\ , °""t MINISTRPTN9N` .° •uw CDR"DMTIDN __ AD ISO WEST fIFTM ST Rffi•SUIT F. IaO I. xl. pl,ap "199'~ Dn ",.. _n_ 3 DEC PO, BOX Imp r In pav f+a. • rxnx .15• SAN pERNARDIN O. CALIFORNIA pit02 y~ypp~a ~y~ Y ~~ ~~W n x r Vlal Be S~•ael .I nc[ 1 i141LI ~ • a rnn l>IaI BB 9~eeaa c•4e+'n vnt •+v November 27, 1991 fn•x .a~x • I[ a p[taa erner ....r.n rler° [^4 ula NVr•v as va xvl ls lvl i.f ~+vaa rna lel el a. a~>e ee Rancho Cucamonga TRALISMITTED BY FAX MAYOR DENNIS STOUT -~ MEMBERS OF THE CITY COUNCIL P. O. Box 607 Rancho Cucamonga, CA 91730 Dear Mayor Stout and Members of the City Council: i represent Nabisco, one of the affected land owners in the proposed Mello-Roos Community Facilities, District 91-1. I have attended and participated in all meetings of the affected property owners since we were first retained several months ago. At the last meeting, on November 5, 1991, I pointed ovt the fact that the "plan" contained an error inasmuch as it listed our p-aoerty as "commercial" rather than its correct zoning designation of "high-density residential". I further expressed concern that the proposed intrastructure was inadequate to accommodate the high-density residential use. I was assured that the corrections would be made and the final plans would be in our hands on November 20, 1991. We called the City daily after that time and finally received a copy oP the plans on November 26, 1991. Unfortunately, because of the holiday Weekend there are only 3 working days before the City Council meeting regarding the proposed District, scheduled for December 4, 1991. our engineer must review the plans before we are able to speak in favor of or against the District. our engineer will be out of town From November 27, 1991 through December 4, 1991 and will be unable to review the plans before the City Council meeting. Inasmuch as ~' r i ~-', i />.~~ b :IAC L:1CdL:1\, BCRFORD e :1RIAS I Aooa..~or ~ MAYOR D£NNIS STOUT ~ r MEMBERS OF THE CITY COUNCLL November 27, 1991 ~ Page 2 there is a considerable tax consequence to Nabisco and the other affected property owners and the city Council's action will likely have a very great impact, I respectfully request a two- week continuance of the discussion at the City Council meeting, up to December 18, 1991 in order to permit my client and all of the affected property owners full and adequate time to review the final plans. The delays were not occasioned by our conduct and there will be no prejudice to anyone from such a brief continuance. The equities of the situation well support such an action. I look forward to a favorable response. - '~ Cordially, MacLACHLAN, BURFORD & ARIAS SHARON X. URCHETT SKB:sew cc: Linda Daniels