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HomeMy WebLinkAbout03- Planning & Building Services r+ CITY OF SAN BERNP%RDINO - REQUEST I-JR COUNCIL ACTION From: Al Boughey , Director Subject: Development Agreement No . 91-01 , Inland Center Mali Expansion Dept: Planning & Building Services Date: April 27 , 1993 Mayor & Common Council meeting of 5/ 10/9 Synopsis of Previous Council action: April 19 , 1993 -- The Mayor and Common Council continued Development Agreement No . 91-01 to May 10 , 1993 at the request of the applicant . 93 r Z 8 i 2 0 Recommended motion: That the public hearing be continued to May 24 , 1993 . oza,,, �g - Al Bo ghe ature Contact person: Al B o u g h e y Phone: 384-5357 Supporting data attached: Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: ouncil Notes 42O V 3 75-0262 Aaenda Item Nn 3 CITY OF SAN BERDINO - REQUEST i JR COUNCIL ACTION From: Al Boughey , Director Subject: DEVELOPMENT AGREEMENT NO . 91-01 INLAND CENTER MALL EXPANSION Dept: Planning & Building Services Mayor and Common Council Meeting Date: April 9 , 1993 of April 19 , 1993 Synopsis of Previous Council action: The Mayor and Common Council received public input and continued Development Agreement No . 91-01 to November 2 , 1992 for staff to respond to the comments . 9 L3 1 1 11/02192 -- The Mayor and Common Council , at the request of the applicant , continued Development Agreement No . 91-01 to December 7 , 1992 . 12/07/92 -- The Mayor and Common Council continued Development Agreement No . 91-01 to January 11 , 1993 . 01 / 11 /93 -- The Mayor and Common Council continued Development Agreement No . 91-01 to April 19 , 1993 . Recommended motion: That the hearing be closed and the resolution be adopted . (Note : There have been no changes to the Signature previously distributed staff report dated 11 /30/92 . ) Al Boughey Contact person: Al R g h Phone: x 5 3 5 7 Supporting data attached: Staff Report , Resolution ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ,� Aaenda Item No_ �� r 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING 3 THE MITIGATION MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL 4 EXPANSION) . 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Recitals 7 (a) Development Agreement No. 91-01 was considered by the 8 Planning Commission on September 8, 1992 after a noticed public 9 hearing, and the Planning Commission's recommendation of approval 10 has been considered by the Mayor and Common Council. 11 (b) An Initial Study was prepared on March 19, 1992 and 12 reviewed by the Environmental Review Committee and the Planning 13 Commission who both determined that Development Agreement No. 91-01 14 would not have a significant effect on the environment and 15 therefore, recommended that a Mitigated Negative Declaration be 16 adopted. 17 (c) The proposed Mitigated Negative Declaration received a 30 18 day public review period from March 24 , 1992 to April 23 , 1992 and 19 all comments relative thereto have been reviewed by the Planning 20 Commission and the Mayor and Common Council in compliance with the 21 California Environmental Quality Act and local regulations. 22 (d) The proposed Mitigation Monitoring/Reporting Program was 23 reviewed by the Planning Commission and Mayor and Common Council in 24 compliance with the California Environmental Quality Act and local 25 regulations. 26 27 28 1 1 (e) The Mayor and Common Council held a noticed public 2 hearing and fully reviewed and considered proposed Development 3 Agreement No. 91-01 on October 19, 1992 . 4 (f) The adoption of Development Agreement No. 91-01 is deemed 5 in the interest of the orderly development of the City and is 6 consistent with the goals, objectives and policies of the existing 7 General Plan. 8 SECTION 2 . Negative Declaration 9 NOW, THEREFORE BE IT RESOLVED, FOUND AND DETERMINED by the 10 Mayor and Common Council that the proposed Development Agreement 11 will have no significant effect on the environment, and the 12 Mitigated Negative Declaration heretofore prepared by the 13 Environmental Review committee as to the effect of this proposed 14 Agreement is hereby ratified, affirmed and adopted. 15 SECTION 3 . Mitigation Monitoring/Reporting Program 16 BE IT FURTHER RESOLVED by the Mayor and Common Council that 17 the Mitigation Monitoring/Reporting Program is hereby ratified, 18 affirmed and adopted. 19 SECTION 4 . Findings 20 BE IT FURTHER RESOLVED by the Mayor and Common Council of the 21 City of San Bernardino that: 22 A. The proposed Development Agreement is consistent with the 23 goals, objectives and policies of the General Plan. 24 B. The proposed Development Agreement is consistent with the 25 Development Code. 26 C. The proposed Development Agreement will promote the 27 welfare and public interest of the City. 28 //// 2 I SECTION 5. Development Agreement 2 BE IT FURTHER RESOLVED by the Mayor and Common Council that: 3 A. Development Agreement No. 91-01 will govern the 4 development of the Inland Center Mall as specifically described in 5 the Development Agreement labeled Attachment 1, a copy of which is 6 attached and incorporated herein by reference. 7 B. The Mayor is hereby authorized and directed to execute on 8 behalf of said City, Development Agreement No. 91-01. 9 C. The authorization to execute the above referenced 10 agreement is rescinded if the parties to the agreement fail to 11 execute it within sixty (60) days of the passage of this 12 resolution. 13 D. Development Agreement No. 91-01 shall be effective 14 immediately upon adoption and execution of this resolution. 15 SECTION 6. Notice of Determination 16 The Planning Division is hereby directed to file a Notice of 17 Determination with the County Clerk of the County of San Bernardino 18 certifying the City's compliance with the California Environmental 19 Quality Act in preparing the Mitigated Negative Declaration. 20 SECTION 7 . Recordation 21 The developer shall record the Development Agreement in the 22 Office of the County Recorder no later than ten (10) days after it 23 is executed by the parties. 24 25 26 27 28 3 1 RESOLUTION. . . ADOPTING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ADOPTING THE MITIGATION 2 MONITORING/REPORTING PROGRAM AND AUTHORIZING THE EXECUTION OF DEVELOPMENT AGREEMENT NO. 91-01 (INLAND CENTER MALL EXPANSION) . 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting therefore, held on the 6 day of 1992 , by the following vote, to 7 wit: 8 Council Members AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of , 1992. 20 21 W. R. Holcomb, Mayor City of San Bernardino 22 Approved as to 23 form and legal content: 24 JAMES F. PENMAN, City Attorney 25 By 26 27 28 4 GRE AM, VARNER, SAVAGE, NOLAN & TILDEN IAW OFIACI:S ALL I.N B.GRL'SHAM CRAIG O DOBLER OOD N01Ti'll AI7ROM'HEAD AVENUE.. STATE 300 BRUCE D VANNER DARYL H-(ANI.SON W1111.U! OUTB HI 1.(1889.1647) PHILIP M.SAVAGE.III kICH.A RD D.MAHCA SAN I3ER NA I2 D1N0. CAI.I I'O RNIA n'ti401 DONALD K.JOHIIAN(I{)07-IHBp' 'I'll] Oil"* C.NOIAN PATRICK G.MITCB ELL JOHN ALD W..RGAN(RETIRED 1D781 M.WILLIAM TILDEN' MICHAEL O.WOLF (714) flfi•1-2171 (714) 824-11(311 JAMES E.GOOD JAY C.EOF.NES NAMES A OSTOICH PENELOPE ALEXANDER TELFCOMYR (714) 688-2120 RIVERSIDE OFFICE THOMAS N.JACOBSON TARA REILLY WIRTZ 3737 MAIN STREET,SUITE 800 01 STEPHAN O.SALESON JAMES R.BAXTER RIVERSIDE,CA LIPORNIA (Y23 ROBERT W.RITIER,JR. MICHAEL O.RAMSET ROBIN BRAMLETT COCRP%N BRENDAN W.BRANDT TELEPHONE(714) NIA g 5 FRANK J.DELANY RONALD D.OETCRET DUKE D.ROUSE SAUL JAFFE VICTORVILLE OPFICE JOHN B.MCCAULEY DAVID P.RUTH 1400 PARE AVENUE.SGITF. 140 ERNEST E.RIFFENBC@GH vICTORVILLE.CALIFORNIA ge3p2 BART W.BRIZZ LE MICHAEL DAVIS June 1, 1993 I2Z TELL PHONE(Blpj 243.288p HAND DELIVERED The Honorable W. R. I Iolcomb and Members of the Common Council City of San Bernardino 300 North D" Street San Bernardino, California 92418 Re: Inland Center Mall Development Agreement Dear Mayor Holcomb and Council Members: Enclosed is a synopsis of the facts which support the use of a Mitigated Negative Declaration in connection with the approval of the pending Inland Center Mall Development Agreement. We hope it will be helpful in your consideration of the Development Agreement. Very truly yours, Mark A. Ostoich of GRESHAM, VARNER, SAVAGE, NOLAN & TILDEN Enclosure mao/pb N1 W\SanBdno\CityLtrs\G 193-002 Ye: Inland Center Ma'^xpansion - Support for Use of Mitiga Negative Declaration Hate: May 26, 1993 M The test for whether a Negative Declaration provides adequate review under CEQA, is whether the project may cause a significant environmental impact. If it is clear that no significant environmen- tal impact could occur, after mitigation is taken into account, then the Initial Study and Mitigated Neg- ative Declaration are appropriate. 14 CCR Sections 15070 and 15074. The City's Environmental Re- view Committee concluded that a Mitigated Negative Declaration was sufficient to provide adequate information regarding the impacts of the Inland Center Mall expansion. Public Notice: The public notice for the Mitigated Negative Declaration does comply with CEQA. (See Attachment #1, November 20, 1992 Memo from Henry Empeno on this issue). The draft Negative Declaration was also submitted to the State Clearinghouse to obtain comments from State agencies. The necessary 30-day public review period has occurred. 14 CCR Section 15073. In its November 30, 1992 staff report (Attachment #2), the City Planning staff has adequately responded to the letter of the Carousel Mall Merchants Association (Attachment #3). Traffic: Given the proposed traffic mitigation measures, traffic flow will actually improve in the vicinity of the Inland Center Mall. Changes related to Interstate 215 modifications by CalTrans have not been analyzed in the traffic study because, at this point, they are remote and speculative and, therefore, were eliminated from further consideration as allowed under CEQA, 14 CCR Section 15145. City staff has determined that, because this project's application and CEQA documents pre-date, by months, the November, 1992 adoption of the Congestion Management Plan, that CMP does not apply to this project. Air Quality: Given the increased capture of customers that would normally shop out of the area, net air emissions would actually be reduced, thereby avoiding significant air quality impacts. Such air quality and traffic impacts are appropriately viewed in a regional, rather than site-specific, context, i.e., the traffic and air impacts are merely being relocated, and not increased. Leonoff v. Monterey County (1990) 222 Cal.App.3d 1337. Alternatives: An alternatives analysis is not necessary under CEQA, for an Initial Study and Negative Declaration. That is because, under CEQA, an Initial Study does not need to contain the same amount of information as a full-blown EIR. 14 CCR Section 15063. City General Plan and Economic Impacts: The impact of economic development was ad- dressed in the Inland Center Mall expansion Initial Study which was tiered to and incorporated by reference information in the General Plan and General Plan EIR. (See page 15 of the Initial Study). This tiering of the current project CEQA document with the City's General Plan is allowed under CEQA, 14 CCR Section 15152. Economic impacts to other stores would not occur, as the City General Plan and General Plan EIR (1989), specifically envisioned the "intensification and upgrading of Central City and Inland Center Malls, with new department and ancillary retail stores". (General Plan, page 1-23). The Gen- eral Plan envisioned an additional 2.2 million square feet of development by the year 2010 at the City's two malls (page 4-6). The Inland Center Mall expansion would only require 35% of that allocated square footage. In addition, the Natelson Company, Inc. which prepared the economic analysis for the City General Plan, conducted an updated analysis (November 25, 1992, see Attachment #4) which concluded that: "There remains sufficient demand during the period through 2010 to support both the Inland Center and Carousel Malls as projected in the General Plan market analysis. " Seismic: A site-specific geotechnical study was prepared for the Mall expansion (September, 1991), which indicated any geologic impacts could be mitigated to below a level of significance. PGM/kas MEMO/G19--MI/Di yC; I `TY `1F SAN BERN - RDINO INTEROFFICE MEMORANDUM TO: Shauna Clark, City Administrator FROM: Henry Empe6o Jr. , Deputy City Attorney DATE: November 20, 1992 RE: Development Agreement 91-01 Inland Center Hall Expansion, Mitigated Negative Declaration We have been informed that a question has arisen as to whether the above-referenced, pending Mitigated Negative Declaration is in compliance with the California Environmental Quality Act (CEQA) as to the legal requirements regarding public notice and public review. Currently, the Development Agreement and the Mitigated Negative Declaration are on the agenda for the December 7, 1992 Mayor and Council Meeting at 2:00 p.m. On November 9, 1992, The Sun, as requested by the City's Planning Department, published—a Legal Notice (copy attached) announcing the Continued Public Hearing of this project for the December 7, 1992 Mayor and Council Meeting. This Legal Notice also provided public notice of the proposed Mitigated Negative Declaration; the 30 day public review period during which time comments would be received by the City on the proposed Mitigated Negative Declaration; the date, time, and place of the next Council Meeting; a brief description of the proposed project and its location; and the address where copies of the proposed Mitigated Negative Declaration are available for public review. This Legal Notice sufficiently complies with CEQA requirements, in particular, Public Resources Code Sections 21091 and 21092; and CEQA Guidelines at Title 14 California Code of Regulations, Sections 15072 and 15073. Therefore, we conclude that the pending Development Agreement and the Mitigated Negative Declaration for the Inland Center Mall Expansion complies with state law regarding public notice and public review. .-•. HENRY EMPENO, JR. , Deputy City Attorney Attachment cc: James F. Penman, City Attorney Al Boughey, Director of Planning and Building Services HE:fa(ICM91_01.Mes) Proot of Publicarion FL 1: rye D nr CITY OF SAN BERNARDINO iVOU � i`,�,C • Ci. DEPART1ji, NOTICE OF CONTINUED PUaeIC i NEARING SEFORE TTrE .MAYOR AND STATE OF CALIFORNIA, s OAAMO aTY01 County of Stn &rnardine. SAM aERNARDL THE PUBLIC NEARING r berore the Vtaror and The undersigned hereby certifies as follows: common Caunclt of me Chr of San cX"Aramo to consider Oeveloomenr I am a citizen of the United States• over the age of twenty-one years, and not a Aoreement No. 91-01 has No- party to nor interested in the above-entitled matter; I am the principal clerk of the °Mo Cont-rued. 02 to o fn btr 1.printer of a newspaper, to wit, The Sun: the same was at all times herein mentioned a C unc,l 12,hamo"'ri. C ry mall.700 No 'O' Sneer. newspaper of general circulation printed and published daily,including Sunday,in the San rth tsernaroino,a 92414, Cih Oevelooment AQreemenr of San Bernardino, in the County of San Bernardino, State of California; said No.91-01 is a or000sar for newspaper is so published everyday of the year as and under the name of The Sun,said the f eveloo exoa aeon newspaper has been adjudged a newspaper of general circulation by the Superior �consisi�v ot o to i Court of the State of California.in and for the County of San Bernardino,by a 'ud - nerna'dr ancndr lenanM 1 g "'a seax+d lever to the Mao ment of sand Superior Court duly made, filed and entered on June 20, 1952, in the and R �7n'1e°�aroK'�° so,r�ruecr: records and files of said Superior Court in that certain proceeding entitled In the Slat- tv n an i`Ye9t1"''"'a°ad Parcel of Iano conusnnq or ter of the Ascertainment and Establishment of The Sun as a.News a of General Cir- about 62-5 acres located on P Pa e+e sours swe of Imam culation, numbered 3084 in the records of civil proceedings in said Superior Court <<* �* east Of 1-21s and west of 'E' Sires. and by judgment modifying the same,also made,filed and entered in said proceeding; Anna the notice or other process or document hereinafter mentioned was set, printed and Stan RoeouCK a RtOJCarrer male Stores- published in type not smaller than nonpaml and was preceded with words printed in ia+aY Co. srorei black face type not smaller than nonpareil describing and expressing in general terms *w". Im o`°�'!' the purport or character of the notice intended to be given; and the War= 3 5t017C= ^° :.•^"T IJYD PUBLIC MRINVG Tc rmll Of mo Cryc of san Isom-ordino wall+roe..MW .... . .. . . . . .. ...... . .....I................ ................. . .......... Pro c? and cons-der Rr Mirigatoo NOW- DS:"= ME 2 7, 1992 GENERAL GROWPsi DEVELOP`�T`7'I', INC. .. `°°0aranon and M,ti_ MOni rbrinW R e"I_ . .. . . . . . . . .. .. .... .. . . . .... ... . ...... . ... .......................... P+ogram.n m"inq'Is deCShc on RNf Or*Wa. TTr MOYW and Camnwn of which the annexed is a true printed copy,was published in ewh edition and issue of 9 1 at R+. en alt San ardirq reavest ro-x said newspaper of general circu!ation, and not in any supplement thereof,on each of partlr�oarion frs MSSeOfa1 You Ye-*$- the following dates, to wit: 4ometro Soeaa ar Ise Cax+O rrmervq or a sub.- Md written cdrww"on_ or to me he+rx+o. Trio 0e- Yeloorment Agreement, Mmgatod Negahve Oeca. ration and Mrtigarion NOVw46ER or 1992 �docvrnen�rs may vita-o ar Ise Planning and 9uiid ng Bar--0e-I ppartmont, Mondar ' fi�aph Friday. 7.70 a17L b tJ0 o.m. at 700 Noah. -D- Sire". It Floor. San t3ernardrno, CA. 92at�, Sriano YOU ors" turTflar A,,2 anon,0'0450 00 not I eerti under penalty of perjury that the foregoing is true atad correct. tlJnGa&a la cad "'w Plan- fY Pe h' Pal Rgei g t>rng.nd nurlOing servicas M41394-SO by 0110nif1g mai na-wfl. _ you C%all . ;.��„�-iS� r Dom•`,. Htant aC7iOnongeRy ma-for 9 NOVEMBER 92 and Y aSo*ct tn:of n Executed on the day of ... .. . . 19 at aorwt. You maY Do nmrrea a rersrq only rhos. suits San Bernardino, in said County and State. You or someone also 9w.3 rased at Rte oVolc near- kv drscibed n RNs no. f%C1, or .fl wr-RM :Aire_ ;aOr+OenCa ow-ered'o Rse PPllaannning and 9uridi'q Ser- vkws CeOWTment at. or prlOr r!, the ouchc JSOL4a1 heerv'q/J Oul 1615 CITY OF Y BERNARDINO - REQUEST 701 OUNCIL ACTION STAFF REPORT SUBJECT: Development Agreement No. 91-01 Inland Center Mall Expansion Mayor and Common Council Meeting of December 7, 1992 REOUEST ND c�cATrON The applicant/developer requests approval of a Development Agreement (DA 91-01) to govern the development of a phased expansion project at Inland Center Mall. The mall is located east of the I-215 Freeway, south of Inland Center Drive and west of "E" Street. k&U-GBD-VWD At their meeting of October 19, 1992 the Mayor and 'Common Council continued this item to November 2, 1992 for staff to respond to concerns raised at the meeting. The applicant requested a continuance until December 7, 1992 to give staff and the environmental consultant adequate time to respond to the concerns. At the meeting of October 19, 1992 Marlene Fox, representing the Carousel Mall Merchants Association, raised several concerns pertaining to the review process, primarily focused on the environmental determination. Her comments included a letter from the Carousel Mall Merchants Association that she entered into the record and additional verbal comments. Staff responded to the general concerns raised by Ms. Fox (Attachment 1) and Tom Dodson, Tom Dodson and Associates, the environmental consultant for this project, responded to the environmental concerns (Attachment 2) . Staff concurs with Mr. Dodson's responses. Attachment 3 is a review of the General Plan Market Study relative to the General Plan goals, objectives and Policies and the Inland Center Mall expansion project. The assessment was prepared by the Natelson Company, Inc. , the city's economic consultant for the General Plan. The staff report to'the Mayor and Common Council from their October 19, 1992 meeting (Attachment 4) is not being redistributed as part of this report. A revised Development Agreement was received on October 21, 1992 and is included as Attachment 5 of this report. The revisions clarify the language in the agreement, as requested by staff. • DA 91-01 ICM Expansion 4 November 30, 1992 Page 2 X_.�INTS The issues raised by Ms. Fox are summarized as follows: - The environmental review process - the preparation of a Negative Declaration vs. an EIR - The public review/input process - Economic impacts - The key points relative to the Development Agreement were identified and addressed in the October 19, 1992 staff report to the Mayor and Common Council. ENVIRONMENTAL DETFRMTNATT(�N The Environmental Review Committee reviewed the Initial Study and recommended that a Mitigated Negative Declaration be prepared. The proposed Negative Declaration was available for public review and comment from March 24, 1992 through April 23 , 1992. It was also submitted to the State Clearinghouse for review since it met CEQA criteria for potential regional significance. Comments were received from the California Regional Water Quality Control Board, San Bernardino County 'transportation/Flood Control, South Coast Air Quality Management District and Caltrans, District 8 . The responses to comments were distributed to the commenting agencies and no further comments have been received. On June 18, 1992 the ERC recommended adoption of the Mitigation Monitoring/Reporting Program. PL�tNING COMMTasTnN RECO Nn�TTnu The Planning Commission considered DA 91-01 on September 8 , 1992 and September 22, 1992. They recommended adoption of the Mitigated Negative Declaration, adoption of the Mitigation Monitoring/ Reporting Program and approval of Development Agreement No. 91-01. MAYOR AND COMMON COUNCILOPTIONS 1. The Mayor and Common Council may approve Development Agreement No. 91-01 as presented. 2. The Mayor and Common council may continue Development Agreement No. 91-01 to a date certain and direct staff to prepare additional information. �t1 y1-v1 ICM Expansion November 30, 1992 Page 3 ,STAFF RECOMMF.NriTarn►r Staff recommends that the Mayor and Common Council adopt the resolution which adopts the Mitigated Negative Declaration, adopts the Mitigation Monitoring/Reporting Program and approves Development Agreement No. 91-01. Staff feels that the Initial Study and Mitigation Monitoring/ Reporting Program addresses all of the environmental concerns and that the public review process provided adequated opportunity for public comment. Attachments: 1 - Staff Responses to Comments raised at the October 19, 1992 Mayor and Common Council meeting 2 - Tom Dodson, Tom Dodson and Associates, Responses to Comments raised at the October 19, 1992 Mayor and Common Council meeting 3 - Review of the General Plan Economic Development Element Market Study, prepared by The Natelson Company, Inc. 4 - Mayor and Common Council Staff Report dated October 1, 1992 (this includes the owner/applicant list, draft Development Agreement dated September 24, 1992, Initial Study and Environmental Comments and Responses) and is not being redistributed 5 - Draft Development Agreement (dated October 21, 1992) 6 - Resolution Prepared by: Valerie C. Ross Acting Principal Planner for: Al Boughey, AICP Director ATTACHMENT 1 S',-.F- RESPONSES TO COMMENTS RAI 'D AT THE OCTOBER 19, _-92 MAYOR AND COMMON COUNCIL. MEETING Ms. Fox stated that Planning and Building Services counter staff told her that the department does not have any CEQA guidelines. The department has a CEQA pamphlet, posted in the lobby area, that gives a general overview of the California Environmental Quality Act. In addition, Resolution No. 90-217 (adopted June 4, 1990) adopted the California Environmental Quality Act and established procedures for environmental review. Ms. Fox questioned the lack of an EIR and the fact that the Negative Declaration did not address alternatives nor provide adequate opportunity for public input. Staff concurs with Mr. Dodson's responses on both issues and adds additional comment. Prior to formal submittal of an application, staff met with the applicant several times to clarify the proposed project and identify areas of concern. Changes were incorporated into the project to minimize or eliminate the areas of concern. As Mr. Dodson noted in his responses, there were several public meetings and public hearings pertaining to this project. Development/Environmental Review Committee and Planning Commission agendas are posted in the lobby on the first floor of City Hall and at the Planning Division counter on the third floor of City Hall. The notices of public hearing before the Planning Commission and Mayor and Common Council were published in the newspaper 10 days prior to both meetings (September 8, 1992 and October 19, 1992) . Notice was also mailed to the owner/applicant, interested parties or agencies and all property owners within 500 feet of the project site. The process does not change pertaining to public meetings and noticing for public hearings based on the environmental determination. We followed the public review/notification Process proposed Negative Declaration pursuant to CEQA. for The opportunity for public input is not decreased when a Negative Declaration is prepared instead of an EIR. Ms. Fox noted that there were discrepancies between the Development Agreement and the Initial Study. Ms. Fox is correct in that there are differences between the two documents. Staff requested several changes in the Development Agreement after it was reviewed in conjunction With the Initial Study. First drafts of the Development Agreement included language (later deleted) that Areg concessions on the part of the City pertaining to application Off or compliance with, Development Code requirements. I addition, many of the requested changes were to clarify the language. The draft Development Agreement that was submitted to the Mayor and Common Council was revised to include the recommendations of the Planning Commission. The changes did not affect the environmental determination. Ms. Fox also questioned the different dates regarding Initial Study. g the Pursuant to the City's environmental procedures, a draft Initial Study, including the environmental checklist, a discussion of the impacts and proposed mitigation measures, was distributed to the Environmental Review Committee prior to their meeting. The ERC, at their meeting of March 19, 1992, determined that an EIR was not re Initial Study and recommended required on the basis of the Negative Declaration and requested p on reparation of a Mitigated the text, as Mr. Dodson noted in his comments of some of completed the revisions and the Initial Study was submitted son the State Clearinghouse on March 24, 1992. The copy of the revised Initial Study was not s amped in muntil March 25, 1992. Ms. Fox stated that this project should be put on hold until adoption of the CMP (Congestion Management Plan questioned the date of preparation of anag ) and study. project's traffic When staff first started meeting with the applicant, was in the draft stage. We requested that the applicant and their traffic engineer consider the draft CMP that time) in the preparation of their traffics study.posed at the traffic study was accepted as complete b When consensus had not been reached with the draft CMP relative tto required elements. To hold the project at that time would have been unreasonable. The intent of the CMP program is to reduce traffic congestion. The traffic study prepared for this to levels of service on Project addressed impacts and determined that traffic impacts would be and the freeway this project than with it due t the re greater without Initial Study and proposed Mitigated Negative Declaration n were reviewed by Caltrans and their comments were addressed and included in the environmental documentation. measures outlined in the Initial Stud The mitigation Mitigation Monitoring/ Reporting Program and will be omlleted concurrent with project phasing. p 2 The Mitigation Monitoring/Reporting program also includes measures relating to trip reduction and travel demand such as establishing a park and ride facility on-site, establishing an incentive program to promote the use providing pedestrian/bicycle access and establishing of f P a transit, ride- share office/coordinator consistent with the intent of the CMP. As to the completion date of September 1991 on the traffic study, staff does not feel that it needs to be updated. The traffic study addressed existing conditions, projects likely to occur and projected or anticipated growth. The environmental setting has not substantially changed since the study was completed and a new study is not warranted. 3 ATTACHMENT Z RESPONSES TO MS. MARLENE FOX'S OCTOBER 19, 1..992 TESTIMONY 1. Mr Fox stated that full public Aheowledge about the project cannot be provided without an EIR The California Environmental Quality Act (CEQA) provides for a range of documentation to assure that the public is given adequate information to make a fully informed decision. On some projects a Categorical Exemption is sufficient; for other projects a Negative Declaration or an Environmental Impact Report (EIR) may be needed (14 CCR §§ 15063-16070 and 15081). The type of document and the scope of information required to provide "full public knowledge" of potential adverse environmental impacts varies with each project, but not every project requires an EIR. The State CEQA Guidelines contains language that recommends ways to reduce delays and paperwork. This section of the guidelines (14 CCR § 15006) states: "Public agencies should reduce delay and paperwork by: ...(e) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment." The City's ERC review process concluded that a Negative Declaration is sufficient to provide adequate information regarding the significance of potential adverse impact that would be caused by implementing the proposed Inland Center Mall expansion. An EIR is not needed to provide full public knowledge about a project. The conclusion that an EIR is required to provide sufficient environmental information to make a CEQA determination is not valid. 2. Ms Fox noted that previous EIR's were prepared for other all projects: Tyler Mall expansion, Montclair Mall expansion; and Moreno galley (new mall). By inference she concludes that the Inland Center Mall expansion requires an EIR Each project must be evaluated, given the project's environmental impacts, not on findings made for other mall projects, which are located in different areas and involve different proposals. Environmental issues that were potentially significant for the Tyler and Montclair Mall (traffic and air quality) were not, after mitigation, considered significant at Inland Center. The Tyler Mall Draft EIR (p. 14) concluded that the project, as mitigated would have no significant adverse impacts. Given the proposed traffic mitigation measures, traffic flow will actually improve in the vicinity of the Inland Center Mall. In addition, increased capture of customers that would normally shop out of the area would be sufficient to reduce net air emissions below the existing emissions from mall customers, impacts. Part of the reason that the circumstances are different significant etween he Inland Center Mall Expansion and the Tyler and Montclair Mall expansions, is the environmental information available in the City's General Plan EIR which resolved ' i �� AU 2 ^ - 1 many of the potential impact issues. The Inland Center Mall Expansion ro',ect Initial Study was tiered off of the City's General Plan EIR in accordance with the State CEQA Guidelines, 14 CCR §15152. Relevant portions of the General Plan and General Plan EIR are incorporated into the Initial Study where appropriate (see Sections 6, 10 and 11). The data and analyses in the Initial Study and the General Plan EIR demonstrate that the proposed project is distinct and should not be judged by the review process undertaken for those projects. In contrast to the Inland Center Mall expansion, the Moreno Valley Mall is a totally new mall project and created a whole new pattern of traffic and other impacts tha would not be created by the Inland Center expansion. Therefore, it is not comparable to the proposed project and should not be used as a basis for determining the potential impacts of the proposed project. 3. Ms. Fox stated that full compliance with environmental laws requires the preparation o an EMIR f This statement is not valid. An EIR does not necessarily need to be prepared for a lead agency to fully comply with the CEQA. CEQA provides the lead agency, in this case the City of San Bernardino, with the discretion to identify and adopt the CEQA document that is appropriate for a specific project. In this case the ERC and Planning Commission chose to recommend to the City Council adoption of a Mitigated Negative Declaration after extensive review (by the ERC and 30 day State Clearinghouse review) of the Initial Study. If there is no substantial evidence that the Project will have a significant effect on the environment, after implementing proposed mitigation measures, then under CEQA the City Mitigated Negative Declaration which fully complies with the CEQA (14 CCR adopting a 15070 and 15074). §§ 4. Ms Fox stated that a Negative Declaration does not allow adequate review or project f this The Negative Declaration process provides for a thorough review of findin adequate data to make a fully informed decision. The test of whether a Negative eclaration provides adequate review under CEQA is whether the project may cause a significant impact. If no significant impacts are identified after mitigation is taken into account, then the Initial Study and proposed negative Declaration are made available for a minimum 30-day review, including the State Clearinghouse (14 CCR § 15073). The test of adequate review will be met for the proposed project through the circulation of the proposed Negative Declaration. 711 final step, after several months of review, is for the City Council to consider adopting the Negative Declaration and issuing the Notice of Determination after a publicly noticed hearin . This will complete .a fully adequate review process. g 2 S. Ms. Fox stated that alternatives were not explored in the Negative D The purpose of examining eclaratron. project changes that can be implemented to Linder reduce the CE QA a Project has no si � QA is to examine possible gni cant adverse impacts uCe impacts below a si explore alternatives. nmental ' gnificant level. Given that the Initial Study demonsPtrated the Inlan need to Mall expansion as mitigated could be implemented d Center environmental impacts, it is not necessary without any significant Initial Study does not need to contain the to eXplore alternatives. Under cant adverse CCR f 15063). same amount of information aE� an 6. (14 Ms Fox identified two new regional geological studies that hat are available which were not �e geologic reports referenced by Ms. Fox are re specific application When the Inland Center Mall was studies that have no site sate specific geotechnical studies were re constructed e after 20+ years and severe earthquakes,p Pared and ' In 1966, detailed, 2, the Inland including the recent nted The result is that June 199 Center has experienced an `�thstood all I-and ers earthquake in were e Y Significant damage. Additional site ground sha�8 and has not prepare by the applicant for the proposed expansion specific f h echni Mme• 'These studies are far more detailed and eV xpansi°n of the cal studies data and reached the conclusion that the a aluated site Specific Inland Center Mall could be constructed using pansion, including geotechnical two new studies were prepared Standard geotechni g �e Second story at the P pared b engineering techniques. The and construction materials consu] �w�Crandall, Inc, geotechni Potential:Proposed Inland Center Mall and are titled: cal' eIIV rOnmental Center Drive San ge Expansion Interstate 215 Freeway�quefaction September 1991• rnardino, �O�a for General and Inland and "Report of Foundation Investigation Proposed f �o� M� Expansion Interstate 215 Freeway and )man Inc.. of California, Inc." Jana d Center Drive for General Growt Center specific geotechni arY 1992' The new regional studies do not address an h detailed cal issues. In addition, a sites e investigations and 20+ y site therefore, it is appropriate of experience P cith studies are based on ppropriate to conclude that potential a structures onsite; significant level. hazards at the site can 7• Ms Fax discussed a Study Procedural inconsistency in the files related revisions to the Initial The alleged procedural inconsistency identified is Fox' The Initial Study was prepared in close coo d in a nusunders tan din b completing a draft Initial Stud w rdination with the 8 y Ms. analyst, it was submitted to the hick Included the Staffs ulde'be City independent w and On March 19, 1992 the ERC found he nvironmental Review Committee d Initial Stud it a few (ERC) Study adequate with a few minor 3 - editorial changes and determined to recommend City Council adoption of the Mitigated Negative tDeclarP]�ng Commission and changes requested by the ER at�oa C, the Initial Study and proposed Mitigated Negative Declaration were distributed to the State Clearinghouse the 1992). After receiving o , SCH#92Tatio March 24, Study was augmented mments on the proposed Negative Declaratio the ERC w 8mented with information responding to comments and returned Initial which affirmed its determination to the Negative Declaration (June 1892° to recommend adoption of the procedure, ) There were no inconsistencies in the ERC 8. Ms Fox cued an rnconliltency between the Lunal Stud, and those examined in the �`' iden6 ed on the cover sheet of the Initial Study. This is an error in reading the Initial Study dome . Study has a section that requires identification of those The front a constraint maps which apply page of the Initial constraint maps in the GeneraltPlan Proposed ro'ect General Plan environmental P J and project site. The two geologic' which apply to the project site are seismic and � The section referred to b important environmental Y Ms. Fox is not intended to identify the interested public to the app opriate Genera] p men t, but serves to reference the text identifies traffic and air quality lan constraint ma�s. the most mitigation in order to r dui eat issues re P The Initial Study and inconsistency P below �e most e evaluation no cy in the document since the front page of the S level. There is no a section for identifying document. The � t dy most oes contain environmental issues Study not have § 15063. all the items re cussed in the required by CEQA, 14 CCR 9' Ms: Fox stated that the Carousel Mall Merc Project and the Negative Declaration until 'test uocian'on wcu not aware of tl:e > before the City Council hearing f° Inland Center had ample opportunity to Center Mai] e P�cipate in the decision-ma'kin 18, 1992 were publicly noti expansion. ERC meetings on March 19 1992 g process September 8, 1992 and the Mayor the Planning Co and June 1992. Y and Common Council�ean�n hearing held on In addition, an article was g on October 19, newspaper, The Sun, discussiln published on October 1, 1992 in the local weeks notification that the proposed project project. This article provided on October 19, 1992, P J ct would be considered b the three December 7, 1 Finally, the City Council bearing, y City Council , was noticed in the San Bernardino S hick was continued to thus, the merchants will have had additional time '� on 'November 6, 1992; Negative Declaration before it is considered for ad to co mmhe on the mitigated option by the City Council, 4 10. Ms. Fox stated that the proposed project is a regionally significant"project and must be sent to all local cities for review. The Inland Center Mall project may be deemed a regionally significant project, however, the State Guidelines (Section 15206) do not mandate that a regionally significant project shall be sent to all local cities. The actual language states: "A draft EIR or Negative Declaration prepared b an described in this section p p Y Y public agency on a project be submitted also to the appropriate metropolitan State council Clearinghouse and �� review and comment." (Emphasis added). The Negative Declaration f governments for to the State Clearinghouse as required and was circulated to the City of Colton as a city that would be directly affected by the proposed project. 11. Ms Fox commented on the lack of information on the 1-215 Caltrans project in the Initial Study. Caltrans has not made any final decisions on I-215 and the City Traffic Engineer, Mr. Anwar Wagdy, determined that it was unnecessary to speculate on the future modifications to I-215 adjacent to the project site. The issue was noted in the traffic study and the Initial Study and one of the Caltrans alternatives was evaluated, i.e. retention of the Inland Center Drive offramp. By addressing the existing situation, the study was able to focus on "real" circulation system impacts that allowed development of area traffic system mitigation measures. Remote and speculative impacts were eliminated from further consideration as outlined in § 15145 of the State CEQA Guidelines. 12. Ms Fox raised the cumulative imps ,issue in a generic sense- An Initial Study does not necessarily have to analyze 15063. Despite this, relevant cumulative impacts re assessed for this pr ject.CThe City General Plan EIR addresses cumulative impact issues for all utility and public service infrastructure topics. These impacts were evaluated for the Inland Center Mall and determined to be nonsignificant using a reference to the City General Plan EIR. Two other issues of potential si cumulative impact context. The traffic evaluation incorporated were evaluated a cumulative traffic a growth assumption of 5% annually. This assumption was provided by the City Traffic Engineer to address cumulative growth in traffic and it is incorporated into all traffic impact forecasts. Air quality was also analyzed for cumulative impacts using the South Coast Air Quality Management District's cumulative impact threshold criteria. The project is forecast to reduce overall basin emissions and, therefore, would not contribute to a cumulative significant adverse air quality impact. In summary, cumulative impacts were evaluated in the Initial Study and no cumulatively significant adverse impacts of any kind were identified. 5 i 13. Fi'a , Ms. Fox raised three Lances that are lucked together with economic impacts as the main focus, First, she referenced the Bishop/Ingo Co Association for Sensible Development of Bishop Area v. Coun o In unty court case [biz-,ns tY f Yo (4th Dist, 172 CaL App.3d 1S, (217 Ca4RP&' 893)1 as a basis for considering adverse economic efj`ects a a project. Second, she raised the issue of potential economic impacts to specific commercial areas in the City (specific areas referenced included Highland Avenue, iLf� Vern corridor, West Hos ual' n, Baseline P uY Lane, 40�' Street State College, Commerce Center, Tri•City, Valley and downtown). The third relaters issue raised in her presentation was growth inducement Under CEQA, the economic impacts of a project are not treated as significant impacts (14 CCR f 15131). However, economic impacts may be analyzed to determine if they would cause physical impacts to the environment. Therefore, the CEQA issue here is whether the Inland Center Mall expansion project's economic impacts would cause physical deterioration of existing commercial sites, i.e., result in vacant buildings, The City General Plan and General Plan EIR (1989) contain extensive discussions Of commercial land uses. The General Plan envisions the City constructing an additional 35,629,620 square feet of commercial (office and retail) space at Plan build-out (page 1-25 of the Plan). Expansion of the City's malls as part of this overall expansion is initially referenced on page 1-18 of the Plan and again on page 1-23 where the following statement is made regarding continuing and strengthening San Bernardino's region-serving role: "B. Intensification and upgrading of Central City and Inland Center Malls with new department and ancillary retail stores." More specifically under Objective 1.15 and its policies, the City outlines its intent to focus a majority of region-serving retail centers at the two malls and the adjacent area with a forecasted 2.2 million square feet of development by the year 2010 (General Plan, P 4-6). The proposed project is fully consistent with this objective, constituting approximately 776,000 square feet, or about 35 percent of the allocated square footage. The new square footage at the Inland Center Mall will be developed in phases, with completion anticipated in the year 1999. The effect of adding 35,629,620 square feet to the City's stock of commercial land USe was evaluated in the City's 1989 General Plan EIR. Beginning on page 4-37 and continuing more specifically on pages 4-43 through 4-45, the EIR evaluated the addition of this much commercial square footage and concluded that incremental) adding this amount of commercial area to the City over the 20 year life of the General Plan would not cause an significant and forecasts are contained in the Economic]Dev opme t Element Of the is effects Plan, Chapter 4. This document and its supporting technical data, specifically indicate adequate capability for growth of the regional commercial market(see pages 4-21 and 4-23 of the Plan) which recommends expa.ndirg the regional malls in order to remain competitive. 6 Thus, the basis for concluding that the project will not be growth inducing not cause economic impacts to the City's other commercial areas was established stabl�bed in the General Plan and General Plan EIR which concluded that significant adverse impacts would not result from fulfilling the General Plan commercialsquare footage growth projections. 'The impact of economic development was addressed in the Inland Center Mall expansion Initial Study which was tiered to and incorporateby reference information in the General Plan and General Plan EIR. d of the Initial Study), This tiering of the current project's CEQA documentawi 15 of City's General Plan EIR is allowed under CEQA (14 CCR § 15152 the encouraged because it promotes efficiency in the environmental review process gb is avoiding the need to re-review previously analyzed issues The data contained in these documents demonstrates that the proposed Inland Center Mall e uz within the commercial growth projections made b the City recent Ge on it Plan and will not include or cause growth beyond that already anticipated sled or General to occur. P forecast The final issue is the reference to the court case. The Bishop case was focused on dividing a project into several smaller projects and then evaluating any piece separately under the CEQA. The g each piecemealing of projects and force the decision makers to look at the° address the project at one time, The City has met this test with its examination of ltheof the proposed future expansion at Inland Center Mall. The second issues of a total the potential physical effects of commercial competition has been address�mng City's General Plan which took the comprehensive (cumulative) view of d uz the the demand for and impact from development of an additional 35+ won square feet of commercial space within the City as a whole and 2.2 million square square regional commercial space to be specifically located at or in the vicinity feet of malls. Based on these General Plan and General Plan EIR evaluations and proposed project's consistency with the, the con ty of the two union that no significant on the impact will occur was justified. Therefore, approval of this project economic Physical deterioration of other commercial areas in the City. 1 not result in 7 COMA, ! ^ C A R O U e L M A L L MERCHANT A S S O C I A T I O N October 26, 1992 a f� ,� I► ��l �� OCT 2 6 S91 The Honorable W. R, "Bob" Holcomb OCT Mayor of the City of San Bemardino OFFICE OF THE MAYOR c QTY o s 0n 4A TIME; TIME: 300 North "D" Street f AN �� San Bemardino, CA 92418 oEpA� i'��;t;�°StiHJ;�a Dear Mayor Holcomb: On behalf of all the merchants at Carousel Mall, we thank you for your support at the last Council meeting In granting a continuance on Inland Center's Negative Declaration and Development Agreement. We very much appreciate your understanding of our serious concerns. From all of the information presented to the city by the project's proponents, we are unable to determine the impact of this project on Carousel Mail, downtown San Bernardino, and the rest of the city. The proposed mitigated Negative Declaration does not adequately address traffic and air quality, with particular reference to the cumulative Impacts when considering the Cal-Trans 1-210 widening project and the results of the SANBAG congestion management study for the entire County, Geologic/design aspects should be re-evaluated In light of studies done as a result of the recent Loma Prieta and Landers earthquakes. The city's General Plan does not have an economic element and does not begin to address this project's specific potential economic Impacts, particularly when the proposed development agreement will now give Inland Center the ability to attract four major department stores, with no safeguards to prevent them from taking major stores from other developments throughout the city. We are reassured to see that you understand that rushing to approve this project without the proper information is not a good policy for the city to follow. We also do not believe the loss of May Company is good for the city or Carousel Mall and support any reasonable effort to find a replacement store, as long as it doesn't critically injure another shopping area in the city. We are keeping our merchants Informed of your help and look forward to your continued assistance. Yours truly, June Durr Director of Marketing 2'15 CARL MSPI. MAT (, �;;�n �tl ictinitl�I,�c►, t nt.l�Ouvin �►;t-u�l (7I :1 889-1 147 FAX (7141 8A5.6893 l A. CARO 3 "' )L MALL MERCHAA P ASSOCIATION MALL October 19, 1992 The Honorable W. R. 'gob" Holcomb Members of the Common Council Go San Bernardino City Clerk 300 North "D" $treat $ n Bernardino, CA 92418 RE; item #32 Development Agenda #91-01 inland Center Expansion Plan Deer Mayor and Council: Today you are being asked to approve a Negative Declaration for a 776,465 square foot expansion of Inland Center as item #32 on the Development Agenda #91.01 without adequate information to determine the consequences of your act. This Is 8 project of major magnitude and significant potential Impact, both positive and negative, on this community. It is the largest scale, single commercial project in the City of San Bernardino since 1972. It may be the largest project contemplated in this City since the adoption of the National Environmental Protection Act (NEPA) and the California Environmental Quality Act (CEQA). it is the type of project envisioned by both national and state environmental legislation for full evaluation of potential adverse environmental impact. You have not been provided with any information regarding the potential adverse economic Impact of this project. These are the most serious times of economic hardship that have faced retailers since the days of the Great Depression, you are being asked to approve a Negative Declaration without even considering any of the economic impacts on merchants in the Highland Avenue retail corridor, the Baseline retail corridor, the Mt. Vernon Avenue retail corridor, the new Westside Shopping Plaza, the 40th Street and State College shopping areas, the retail portions of vie Commerce Center, Tri-City and Valley Projects, and last but not least, the downtown retail core. it is incomprehensible that you are asked to approve a project of this scope immediately adjacent to the most active earthquake fault In Southern California with ground water 10 feet below the surface level in an identified liquefaction zone, and with no data whatsoever regarding economic affects on existing businesses, and if those businesses are adversely affected, the economic impacts on the City's tax revenues. 295 CAROUSEL MALL • SAN BERNARDINO. CALIFORNIA 02401 • (714) 889-1147 - FAX (714) $85.6863 As our legislative leaders, you should take a pro-active role in supporting existing business. in fact, a resolution from this Council supporting workers compensation reform to the State Legislature would be helpful to all businesses In the City. When Tyler Mall recently added a second level and major department stores to their center, a Full Environmental Impact Report was required by the City of Riverside. Several years back when Montclair Plaza double-decked and added major department stores, a Focused Environmental Impact Report was required by the City of Montclair. The City of Moreno Valley required an Environmental Impact Report for the Moreno Valley Mall and Towngste Center Project plan. These facts have not heretofore been provided to you. Without the data required by an Environmental Impact Report, there is no assurance that full public knowledge of potentially adverse environmental impacts will be achieved, nor that you, as a decision-maker, will have all the information available to you to make a sound decision. You should not be asked to make decisions of this magnitude, which affect the public interest, without full compliance with existing environmental taw and complete knowledge of the consequences of such action. Therefore, I request that you continue this matter for a period of 90 days for staff to re- evaluate whether an Environmental Impact Report should be required based on the following findings of fact: 1. The expansion plan for Inland Center proposes 776,465 square feet of now retail area within the City of San Bemardino. 2. Surrounding communities with projects of similar magnitude, such as Moreno Valley, Riverside and Montclair, have all required Environmental Impact Reports. 3. A Negative Declaration for a project of this scope does not provide the same opportunity for public comment and input as an Environmental Impact Report. 4. No economic analysis of potential affects on other business areas of the City was done in support of the Negative Declaration. Therefore, inadequate information Currently exists on the potential adverse economic impact of this project on the business community and the City of San Bemardino. 5. Alternatives to this prof act have not been adequately explored as would be required with an Environmental impact Report. 6. New geologic data essential to the design of this project was not available at the time of the September B, 1991 liquefaction report. We respectfully request that you consider the above information when making the for- reaching decision that is before you. Your$ truly, 0000 000" Czc rosldent, Carousel Mail Merchants Association, Inc, THE N" "EL SON CONPNNY, INC. 16633 VENfUFoJy `,UWO.SUITE 12M IDIC-4 G4 JFOR U 91436 818 501 3 213/478.5016 FAX 818/784.3679 November 25, 1992 03586 (� NOV 3 0 1992 _ Ms. Valerie Ross CITY ,,, DEPART pF PLANNING City DEPARTMENT Acting Principal Planner Pl.4NNING� City of San Bernardino BUILDING SERVICES 300 North 'D'Street San Bernardino, California 92418 Reference: Inland Center Mall Expansion Program Dear Ms. Ross: The Natelson Company, Inc. conducted the economic analyses for the Economic Development section of the General Plan, including analysis of projected market support for regional retail shopping facilities through the year 2010. Pursuant to the request of the applicant, we have conducted an assessment of the consistency of the Inland Center Mall Expansion Program with the City of San Bernardino's General Plan Goals, Objectives and Policies. In that regard, we have reviewed the General Plan Market Study and the assumptions therein that led to the projection of market demand for an additional 2.2 million square feet of retail space in the City by year 2010. We have reviewed updated economic data for its impact on projected retail space demand and the ramifications new market data may have in light of the General Plan's stated goals. Summary of Findings • There remains at this time sufficient demand during the period through 2010 to support both downtown malls, including Inland Center and Carousel Malls, as projected in the General Plan Market Analysis; The goals, objectives and policies of the General Plan emphasizing maintaining and strengthening the downtown as a major community commercial center remains valid; • While the competitive threat to downtown from Rancho Cucamonga noted in the General Plan remains, Tyler Mall, Moreno Valley and Fontana pose San Bernardino's commercial centers' viability in the absent of anlate, serious threats to maintain highly competitive facilities. ggressive policy to Conclusions It is the conclusion of TNCI that the Inland Center Mall Expansion Program is both consistent with the Goals, Policies and Objectives of the General Plan of the City of San Bernardino and serves to facilitate the realization of those goals by virtue of its consistency with the strategic realities of the contemporary regional retail-serving marketplace. ECONOMIC AND FINANCIAL CONSULTANTS Ms. Valerie Ross November 25, 1992 Page 2 Analysis Inland Center Mall, a major regional shopping center in San Bernardino County was built in 1965 and presently consists of approximately 985,883 square feet. It includes three department stores that are connected by a one level mall. The site consists of 62.5 acres with 4,400 parking spaces. The Project Applicant, General Growth Management, Inc. proposes to add 776,465 gross square feet to the Inland Center Mall. The additional space consists of 540,000 square feet in up to three new department stores and 236,465 square feet in a second level to the mall. Up to fo structures are included to accommodate required parking. The total gross squ ur parking are footage upon completion of the proposed expansion project will be 1,762, 348, with a total of 7,420 parking spaces. The buildout period will encompass approximately eight years. The Economic Development Element of the City of San Bernardino's General Plan defines a set of Policies to assist the City in the formation of deliberate initiatives for the maintenance and enhancement of San Bernardino's economic development. At that time (1986 - 1987), the purchasing power of the relevant regional market trade area, consisting of a primary and a secondary regional market area, was projected through 2010. Purchasing power is a function of Population and per capita income. Based on then currently available data, an,estimated demand for 4.6 million square feet of regional shopping facilities was projected for year 2010. Based on assessments of the currently existing supply of regional shopping facilities, the net increase over the current regional square footage was estimated to be 2.2 million square feet of regional shopping facilities by 2010. As was noted in the Economic Development E lement of Plan, the growth of such regional space will be accomplished largely through expansion of existing the Gene ral regional malls. The Goals, Objectives and Policies of the General Plan recognize the need to maintain the competitive position of the City through the maintenance of a vital downtown area with multiple uses, including a concentration of regional serving retail space. Section 1.15 of the Land Use Element of the General Plan stater. 'It shall be the objective of the City of San Bernardino to maintain and enhance Central City and Inland Center Malls and adjacent properties as the principal region-serving centers of the City of San Bernardino, focusing the additional demand of 2.2 million square feet in these areas.' The General Plan in Section 1.16, Land Use Element, goes on to state: 'It shall be the objective of the City of San Bernardino to continue and enhance the downtown area as the functional and symbolic center of the City of San Bernardino; Providing a diversity of regional serving uses, allowing the highest intensity use, and of establishing well defined linkages to the City's major commercial and ind residential neighborhoods.' ustrial districts and TNCI has reviewed the data and the assumptions utilized in the estimation of the projected demand for an additional 2.2 million square feet of regional commercial retail by Y Year 2010. Based on updated data for Population, per capita income and retail sales (based on U.S. Census, State Board of Equalization and SLAG data), there is no indication that the long term regional retail space forecast of the Economic Development Element of the General Plan is in need of substantive revision, current recessionary conditions not withstanding. Purchasing power of the population in the market area is the primary determinant of retail market support. The retail demand forecast prepared in 1986-1987 for the General Plan postulated a 2010 population of the primary and secondary market areas for re ional sho a r p20% facilities located in San Bernardino of 789,461 based on those areas comprising PDroximately 2096 of total County Population. The estimated County Population at that time (1986-87) for 2010 was 1.82 million. Current Population projections for San Bernardino County by SLAG estimate 2010 population at Ms. Valerie Ross November 25, I992 Page 3 2.17 million, an increase of 19% over the population utilized in the origin al stud releasing new 2010 population figures within a few weeks. It has been suggested b SC will be that the overall SCAG region 2010 population estimate will be revised upward. If that s ", it is i likely that San Bernardino will experience a commensurate share of the upward'revision. With future population likely higher than that utilized in the original study, market su estimated 2.2 million additional square feet of regional shopping P for the Aping facilili ties is reinforccee t d. In addition to strong projected population growth in the market area over the long term, should keep , per capita income growth General Plan analysis. Real growth in San Bernardino aCount 1.596 growth projected in the 1990 averaged 2.48% on an annual basis. The regional retail mar Per et aprea,lincluding from 1987 t as it does the major population and employment centers of the County, County in terms of per capita income. This above average will growths t of per c p behavior ta i cometfrom 1987 to 1990 will compensate for the likely below average growth in per capita income resulting from current recessionary conditions. Therefore TNCI concludes that the fundamental outlook for per capita income in the relevant market area as embodied in the City's General Plan remains sound and a reliable bass upon which to direct future development activity. While the market area for retail shopping facilities extends beyond the City's boundaries, the analysis for the General Plan focused on the City's relatively trop a measure of the 'capture capacity" of regional shopping y g per capita retail sales levels as g pping facilities loca red within the City. Apparel and general merchandise are items traditionally located in regional shopping centers. Based on 1986 retail sales data, the per capita expenditure on apparel items in the City of San Bernardino was S423 versus $278 on a county-wide basis. The per capita expenditure in the City on general merchandise items was 51996 versus $646 on a county-wide basis. A similar pattern was found for home furnishings and 'appliances: City per capita expenditures of 5645 versus $259 for the county. The relative 'spread" between City and county expenditure levels was maintained in 1990 for the categories of apparel and home furnishings/appliances. For 1990, per capita apparel were 5437 for the City versus 5225 for the county. In the home furnishing/appliance a tu category, City per capita expenditures were 5752 versus 5242 for the coup s of per capita expenditure are indicative of the ability of the regional shop ty These higher Levels within the City to capture retail demand residing outside the Ci These ping apture levels sagged continuing robust capture capacity in the City. However, the category of general merchandise exhibits a significant erosion in the relative capture capacity of the City from 1986 to 1990. Per capita expenditures for general merchandise items in the City for 1990 were $2,080 versus $1,051 on a county-wide basis, or a ratio of 1.979. The relative ratio for 1986 was 3.089, based on City expenditures of S1,996 versus county expenditures of S646. In light of the market strengths based on categories, this particular development relative to general Population, se expe other dtures is sales inal of Possible erosion of the competitive position of the City of San Bernardino relative to other areas Of the County. Another signal of possible relative weakening of competitive market position is the chap e per capita income relative to county per capita income. In 1987 8 in City San Bernardino was 88.9% of the level of per capita income of the per as a whole. In 9900,o he per capita income of the City had fallen to 80.1% of the county level. This suggests that if the Ms. Valerie Ross November 25, 1992 Page 4 City is to maintain and enhance its position in the regional retail market, it must continue to draw upon areas outside the City since the relative position of per capita income within the City is declining relative to the region as a whole. The Economic Development Element of the General Plan on page 4-23 elaborated on steps to be Pursued to strengthen market opportunities: "The existing market opportunities will be strengthened and future opportunities captured,if the City follows an overall practice of intensification of existing facilities, areas,and corridors. Such intensification creates points of'critical mass* of economic activity that both build on and protect current successes, while establishing competitively attractive areas in which new development will locate. Specifically, the following will enhance the economic development potential of the City of San Bernardino. A. Intensification of downtown San Bernardino with governmental and professional offices, convention facilities hotels, cultural facilities, supporting retail and restaurants, and high density residential; B. Intensification and upgrading of Central City and Inland Center Malls with new department and ancillary retail stores.' Recent market conditions based on 1990 Census and ancillary data indicate that the fundamental market demand for an additional 2.2 million square feet of retail space by the year 2010 remains an appropriate market forecast. The practical issues of implementation are matters of strategy. Given the declining level of City per capita income and the recent erosion in the City's regional capture of general merchandise expenditures, the notion of'critical mass' as noted in the General Plan remains one of paramount importance. If revitalization through intensification does not occur, and the regional drawing power of concentrated centers is dissipated, future regional serving space could be lost to other areas of the region outside the City. In that eventuality, the economic synergy from a critical mass of economic activity, as envisioned by the General Plan could be lost. It is the conclusion of TNCI that the Inland Center Mail Expansion Program is both consistent with the Goals, Policies and Objectives of the General Plan of the City of San Bernardino and serves to facilitate the realization of those goals by virtue of its consistency with the strategic realities of the contemporary regional retail-serving marketplace. Very truly yours, E NATELSON COMPANY, INC. ...Jay�Natelson(C- At&/A ��(KP> President JWN:kp GENERAL GROWTH MANAGEMENT, INC. June 2, 1993 Hon. Mayor and Common Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Dear Mayor and Councilmembers: RE: DEVELOPMENT AGREEMENT The following letter regarding the proposed Development Agreement for expansion and upgrading of Inland Center regional shopping mall is provided for your attention and for the official record. Inland Center Seeks Expansion Today, your honorable body is again scheduled to take up the matter of approval of a Development Agreement authorizing expansion and general upgrading of the Inland Center Regional Mall. On the basis of the factual record established below, we urge you to take approval action today, in the best interests of the City and Inland Center. Because it has been continued several times since the initial October 19, 1992, hearing date and has not yet been heard, General Growth is providing this letter to acquaint you with the major features of this project and its economic and aesthetic benefits to the City of San Bernardino. Also included is a history of the project to date, including factual information pertinent to the issues which have been raised in response to this proposal. Development Agreement Features Key Improvements and Amenities The project pending before the City for approval is a Development Agreement which describes the proposed mall expansion and defines the process for its implementation and development. The mall expansion will add approximately 776,000 square feet of gross leasable area to be constructed in up to four phases. Of the total area, 540,000 square feet will provide space for three new department stores. The improvements also include approximately 236,000 square feet of new mall space which will be constructed as a second level over the existing mall. This new space is expected to accommodate up to seventy additional mall stores. The mall improvements also will include up to four multi-level parking structures, along with aesthetic, archi- tectural and landscaping enhancements. These improvements are planned to significant- ly upgrade the quality of the mall and the visual image and character for the southern "window to the City" from the I-215 Freeway. Each phase of development will be subject to a Development Permit. Each phase will 15303 Ventura Boulevard, Suite 1520 Sherman Oaks, California 91403 (818)907-3400 FAX• 1R1 R1 Q07_QQ/l t meet or exceed minimum City standards as defined in the Agreement, including sig- nage, landscaping and parking requirements. At the present time, General Growth is hopeful that full buildout would occur in less than ten years. However, General Growth has agreed to a provision which allows the City to make modifications reflect- ing changing environmental or other external conditions should project construction and ultimate buildout proceed more slowly than expected. If by the tenth anniversary, the certificate of occupancy (or equivalent) for Phase I has not been issued, the City may require the developer to agree to an amendment to the agreement. Economic Benefits in the First Decade The planned expansion to the Inland Center Mall has significant economic benefits to the City and the region. The total investment by General Growth and the mall owners is estimated at approximately $120 million for the overall project. Within the next ten (10) years, it is anticipated that Phases I through IV of the mall expansion may be completed. It is estimated that this will increase the assessed value by $93 million which will in turn generate $2.0 million additional property tax revenue to the City over the first ten years. At the same time, this means an additional $8.4 million prop- erty tax revenue to other area agencies, including $1.6 million to Inland Valley Devel- opment Agency. The mall expansion is also projected to add over $100 million in annual retail sales by the tenth year. This means that the City can expect to receive approximately $10.8 million in additional sales tax revenue during the first ten years of operation. This also provides an estimated $5.4 million in revenue which can be expended on Measure I area road improvements. Employment opportunities will be dramatically enhanced. It is projected that at least 2,000 construction related jobs will be created during this period. When these phases are completed, the mall will add 1,500 shopping center jobs to the economy. This all adds up over the next ten years to an additional $26.8 million in new tax revenues and over 3,500 jobs for the area. General Plan Mandates Inland Center Expansion The proposed expansion and upgrading of Inland Center is clearly envisioned by the City General Plan and would actively implement that Plan. The General Plan was thoroughly revised in 1989 to meet the requirements of California planning law, and was the subject of a full Environmental Impact Report (EIR), certified by the City Council. Under California law (Government Code Sections 65302, et seq.), each city is required to adopt and maintain a general plan which contains certain mandatory elements as well as all pertinent policies relating to land use and long-term city development. In Cali- fornia planning practice, the general plan serves as a guide to appropriate land use and as a "constitution for development" which must not be violated. A provision of Cali- fornia law applicable to general law cities undergirds this principle by requiring that zoning and other land use decisions must be consistent and not conflict with the general 2 plan. As a charter city, the City of San Bernardino has chosen to include a similar requirement in its own recently adopted Development Code. Therefore, development decisions in San Bernardino must be consistent with the City General Plan. If the City chooses to pursue land use decisions or policies that are different and conflict with the General Plan, then a General Plan Amendment to reflect that policy must be prepared, publicly reviewed under all applicable state and city laws, including the California Environmental Quality Act (CEQA) and heard before the Planning Commission and City Council. The Inland Center Mall expansion would actively implement the General Plan in a variety of ways. Not only does the General Plan map designation provide for the regional shopping center use, but the text contains numerous references specifically emphasizing that it is the City's policy to actively encourage intensification and upgrad- ing of both existing regional malls - Inland Center as well as Carousel Mall. The General Plan text includes general policies encouraging "expansion of lands to induce development of new employee-generating industries and businesses" (p. 13), "estab- lishment of strategies to attract new employee-generating jobs to the City" (p. 14), and "establishment of strategies to sustain the economic health of the City's businesses and revenue to the community" (p. 14). Under land use and urban design issues and overview, the text specifically calls out opportunities for expansion of both existing regional shopping malls - Inland Center and Carousel Mall (pp. 1-18 and 1-23). Under land use policy, the text states that "it shall be the objective of the City of San Bernardino to...maintain and enhance Central City (now Carousel) and Inland Center malls and adjacent properties as the principal region-serving retail centers of the City of San Bernardino, focusing a majority of the additional demand of 2.2 million square feet in these areas" (p. 1-67). Under economic development implementation actions, the General Plan calls for "pro-active" steps by City representatives to maintain and enhance existing key commercial uses and attract new job and revenue-generating uses, specifically including "encouragement of the owners of Inland Center and Central City Mall to intensify development and improve the visual character of these sites..." (p. 1-123). Under the economic development element, the General Plan recognizes that "the two regional shopping malls, Central City Mall and Inland Center, now serve a larger and growing market area extending beyond the planning area..." and that "the exact loca- tion of regional-serving space within the regional market is highly competitive. The planning area has the greatest potential for increasing its regional activity through expansion of existing malls..." (p. 4-21). Under economic goals, the General Plan calls for an "overall practice of intensification of existing facilities, areas and corridors" creating points of "critical mass." Again, it directs City efforts to "...intensification and upgrading of Central City and Inland Center Malls with new department and ancil- lary retail stores..." (p. 4-23). The General Plan treats these two facilities as serving one regional market area and competing together to bring a larger share of regional shopping center sales to the City, to reverse the trend toward increased leakage of sales activity and tax revenue income to other communities and regions. While the General Plan does not refer to competing malls outside the San Bernardino 3 planning area directly, it refers indirectly to sites in Montclair, Riverside and Moreno Valley where malls have been recently upgraded or established, as well as to future competitive sites, such as in Fontana, Redlands and Rancho Cucamonga. General Plan policy can be accurately characterized as directing the City to counter external compe- tition and bolster the City's overall competitive position through expansion and upgrad- ing of both Inland Center and Carousel Mall. In response to a City Council request, the economic validity of this policy was recently reconfirmed by the economist who prepared the economic development element of the General Plan. A letter from economist Jay Natelson to this effect is part of the hearing record. In short, the General Plan directs the City to encourage Inland Center expansion. Any action other than approval would be in direct conflict with this policy. Inland Center Conditions Deteriorating The existing Inland Center Mall was first constructed in 1965 and consists of 883,829 square feet. It currently includes facilities for three department stores connected by a 100-store single level mall on a 62.5 acre site. It fronts on the I-215 Freeway and Inland Center Drive and is bounded on the east by the Lytle Creek Flood Control Improvement. Since its original construction, the mall has been continuously upgraded and there has been one major interior and exterior remodeling in recent years which created a new entrance, together with introduction of skylights to brighten the mall. Subsequent to May Company's departure, there has been an increase in mall shop vacancies at Inland Center. Until February, 1993, when Robinsons/May closed its department store facility following company-wide cutbacks, mall shop lease occupan- cies were averaging about 97 per cent. However, subsequent to that change three months ago, occupancies have dropped to 85 per cent and a continued drop is a pos- sibility. General Growth and the mall ownership are concerned about further decline in occupancies. Development Agreement Value and Functions Approval of the Development Agreement is critically important to the City's as well as Inland Center's well-being. Commercial land use is an uncertain feature in today's economy. Presently, and for the foreseeable future, it is a "buyers" market for pros- pective tenants, both major anchors and small businesses which occupy mall space. We perceive unentitled projects to be of less interest to future tenants. Also, without the assured prospect of a substantial further upgrading and expansion of mall improve- ments, prospects for quickly attracting new tenants to Inland Center are diminished. What the Development Agreement Does and Doesn't Do The Development Agreement approval would avoid certain procedural pitfalls and accomplish a number of important functions. Positive functions it would serve include the following: 4 1. It would sanction the overall development concept, subject to detailed plans for each phase controlled through development permit process per City Code; 2. It would establish procedures to protect the City against Development Code short- comings which would otherwise allow piece-meal project approval without overall review and approval; 3. It would let all parties know where they stand on this project as it proceeds forward into the future; 4. As noted before, it would include a 10-year review provision to allow for considera- tion of changing environmental conditions if development proceeds at a slower than expected pace; 5. It would meet all applicable City and State requirements, including general plan statutes and CEQA; 6. It would successfully implement the City General Plan mandate to expand Inland Center. Among, the pitfalls it would avoid are the following: 1. It would not fix development fees; 2. It would not change permitted land use for the site; 3. It would not short circuit existing approval processes; 4. It would not circumvent CEQA. History of Inland Center Expansion Request This project was initiated two years ago as a good faith effort by General Growth on behalf of the mall ownership to work with the City of San Bernardino in pursuing approval of this project. In so doing, General Growth made every effort to observe the spirit as well as the letter of every state and local regulation applicable to this project. The initial nine months were taken up with responding to staff discussion and requests for preliminary information, including a traffic study, together with determination of the most suitable entitlement vehicle under the recently adopted Development Code. Although a development permit application could have been submitted earlier for one or more phases, General Growth agreed with a Planning Department staff recommenda- tion that the Inland Center expansion request be submitted as a development agreement. While this meant more initial work for both parties, it also had advantages. For General Growth, it represented an "umbrella" authorization assuring General Growth and the mall owners that the major features of the overall project would continue to be acceptable to the City in the long-term. For the City, it provided a definitive procedure by which adequate regulation of specific project details would be assured as each phase 5 progressed, through the development permit process. Planning Commission Approved Project The subsequent nine months involved submittal of the Development Agreement re- quest, followed by review and approval by the staff Environmental Review Committee and Development Review Committee. In September, 1992, the City Planning Com- mission recommended approval of the development agreement. Throughout this initial year and one-half period, City staff from all involved depart- ments handled this review professionally, with clear guidance and straightforward communications. Issuance by the Environmental Review Committee in March, 1992, confirmed that it was the concerted staff view that any environmental concerns asso- ciated with this project could be handled by mitigation measures reflected in Develop- ment Agreement conditions. This outcome was assisted in substantial part by the quali- ty of the General Plan and its related Environmental Impact Report (EIR) which this project is following. Approval by the Development Review Committee, together with the positive recom- mendations of both the Planning staff and Planning Commission, without objection from the City Attorney, confirmed general support for the Inland Center expansion as a beneficial project and the staff view that the project had been handled correctly in rela- tion to all applicable state and city laws and policies governing environmental and development review, including CEQA, California general plan law, and the San Ber- nardino City General Plan and Development Code. To General Growth and the mall ownership, the fact that staff and the Planning Commission were supportive, that CEQA concerns were adequately addressed, that the project implemented the City General Plan, and that no objections had been voiced from any member of the public were significant reasons to believe that the Develop- ment Agreement could be promptly and reasonably approved. Progress Impeded by Prolonged Delays At the initial October 19, 1992, hearing on the Inland Center Development Agreement a series of primarily environmental issues were raised by Carousel Mall. These issues were essentially raised "at the 11th hour" despite ample prior opportunities for public input during the preceding year and one-half. Rather than proceed, the City Council continued the matter to seek information regarding issues raised. Now, nearly eight months later, the Inland Center expansion Development Agreement hearing has still not been held, due to continuances sought in response to concerns raised by Carousel Mall. Staff has responded fully to both the environmental and economic issues, providing expert information from Tom Dodson on the environmental questions as well as from the City's General Plan economist, Jay Natelson. City's Regional Economic Competitive Position in Jeopardy Indefinite delay of Inland Center expansion would contradict General Plan policy direc- 6 tion, since it directs the City to actively encourage expansion and upgrading of both existing regional malls and there is nothing in the General Plan text to support indefi- nite deferral of expansion of one mall in favor of the other. Economically, such a policy would weaken the City's competitive position regionally. It is fully evident from the present situation that the City has a financial stake in upgrading both malls. General Growth understands the City's concern for the viability of Carousel Mall in relation to its ownership stake created years ago through a long-term redevelopment agreement. We also recognize the more general concern for downtown revitalization. The General Plan implicitly recognizes the competition which exists within the City between these various commercial concentrations, but rather than favoring one over another, emphasizes the need to underscore the City's overall competitiveness by expanding and upgrading both existing regional mall sites. The General Plan does not place extra weight on investment in Carousel Mall and downtown vs. Inland Center, but rather emphasizes equally the expansion of both malls. Inland Center is seeking to upgrade and expand as competing malls have done in the region (Montclair Plaza, Galleria Mall). With the loss of May Company, conditions are now deteriorating at Inland Center Mall. Further deterioration of conditions will simply add to the City's cumulative loss of retail competitiveness within the region. In addition to competitive threats from previously recognized regional mall rivals out- side the City and within the Inland Empire, another competing mall site has recently been announced, less than a mile away along the 215 freeway, in the City of Colton. This announcement is for a 1.2 million square foot regional mall titled the L.A. Metro- politan Project along the 215 Freeway just south of Inland Center between Cooley Drive and the Reche Canyon flood control channel. The City needs to actively pursue a regionally competitive approach, as identified in the General Plan. It cannot afford to ignore external threats such as the foregoing. Nor can it deny economic opportunities to others on behalf of any single commercial inter- est. Most importantly, it cannot afford to continue to lose prospective opportunities to benefit the entire City reflected in the proposed Inland Center Development Agreement. Carousel Mall should be encouraged by the City to upgrade and expand its facility, in accordance with the General Plan. If economic conditions continue to deteriorate within the City and if the upgrading needs of anchors and other tenants at both malls are not allowed and encouraged to be met, anchors and other tenants alike will have little other recourse than to leave the City altogether for more attractive sites within the regional market area. Reinvestment in both malls is paramount to the City's continued economic viability. General Growth Can Help The contemplated FEDCO move to Inland Center would be useful for both malls in providing an immediate occupant to fill the May Company vacancy and lessen the possibility of an immediate move of a Carousel Mall anchor to Inland Center. General Growth is communicating with the FEDCO ownership directly. Inland Center is will- ing to assist and facilitate in every way possible. 7 Inland Center Has Gone the Extra Mile Nevertheless, delays and uncertainty experienced with regard to this proposal have been very costly. It should be emphasized that a total of $754,000 has been expended on this project to date. Project sponsors are now concerned that additional delays may extend this figure to the $1 million mark. Moreover, Inland Center has awaited a full, fair hearing before the City Council for nearly eight months now. Inland Center has made a good faith effort to communicate with the Carousel Mall ownership regarding their concerns. General Growth and the Inland Center owners are concerned about reasonable response and resolution. Depending upon the outcome of this hearing, the owners may reeval- uate their interest in this project. If there is too much delay, the City stands to lose the project entirely. It is General Growth's opinion that most San Bernardino City taxpay- ers would not want see the City lose this project. General Growth rightly feels Inland Center is entitled to a full, fair hearing with an uninterrupted presentation opportunity. We deserve full consideration of the project's merits and expect Councilmembers' own evaluations. On the basis of the preceding points and the entire record, therefore, we respectfully urge the Mayor and Common Council to approve the Development Agreement, finding that: a. expansion would improve the City's competitiveness within the region; b. the project provides major economic and aesthetic benefits; c. the Development Agreement is the best approval mechanism; d. all applicable state and local requirements have been met; e. the City General Plan directs expansion of Inland Center; f. approval is consistent with the City's best interests; g. delay or denial would violate the General Plan. We appreciate your thoughtful attention to the preceding information and urge you to proceed with an approval action. Respectfully Submitted, GENERAL GROWTH MANAGEMENT, INC. AOrvalF. n n Parma?a Vice President, Development General Manager, Inland Center Mall cc: K. Anderson S. Spey P. Weirzel p�O�L CENTRAL CITY COMPANY 295 CAROUSF,I.MAIL • SAN BERNARDINO,CA 92401 MALL TELEPHONE(909)884-0106 • FAX(909)885-6893 June 2, 1993 The Honorable Mayor W. R. "Bob" Holcomb Members of the Common Council c/o City Clerk 300 North "D" Street San Bernardino, CA 92418 RE: Inland Center Development Agreement and Negative Declaration Public Hearing June 2, 1993 Dear Mayor and Council: I have reviewed the letter dated November 25, 1992 from the Natelson Company, Inc., to Ms. Valerie Ross, Acting Principal Planner. It is very important to note that the only conclusion drawn by the Natelson Company, Inc. in the letter is that the Inland Center Mall Expansion Program is consistent with the General Plan. Nowhere in the writer's conclusion or in the balance of the letter is an opinion offered as to whether or not this data is adequate for a proper environmental review of the project or whether or not an Environmental Impact Report should be required. I believe that the Natelson Company did a good job for the City in preparing the General Plan six years ago. However, they have been put in the difficult position of being asked to support the Planning Department's recommendation for a Negative Declaration for this project by transforming general data used in preparing the General Plan into site specific data for a massive project with specific potential economic impacts on the City in today's market. I offer the following comments for your consideration. The General Plan is by definition general in nature. It is not intended to provide the specific information necessary for individual project approval. If such logic were to be followed, a mere finding that a project conformed to the General Plan would eliminate the need for planning and environmental reviews and approvals, and only require the issuance of building permits. Such an argument is ludicrous on its face. Let us consider the facts as they relate to the Natelson Company, Inc. letter dated November 5, 1992. 1. The retail demand forecast for the General Plan was prepared in 1986-87. This date is now six years old and could not have taken into account the major changes that have occurred in retailing in general, and the shopping center industry in specific during that period. 2. The letter reiterates goals, policies, and objectives in the General Plan to: a. Maintain the competitive position of the City through the maintenance of a vital downtown area with multiple uses, including a concentration of regional serving retail space. b. Maintain and enhance Central City and Inland Center Malls and adjacent properties as the principal region-serving centers of the City of San Bernardino. C. Enhance the downtown area as the functional and symbolic center of the City of San Bernardino. If the City approves the Development Agreement with no specific information regarding the impact on downtown retail-dependent uses it is, in effect, violating the goals, policies and objectives of the General Plan. 3. The letter states that based on the 1986-87 retail demand forecast it was estimated that a demand for 2.2 million additional square feet of regional commercial would exist by the year 2010. The data was forecast for a 23 year period which would indicate an annual absorption rate of 95,652 square feet per year. It recognizes that the total demand will not occur in the first years of the forecast period but over the entire 23 year period. It is important to note that 17 years of the forecast period remain and that the proposed expansion of Inland Center would consume 776,465 sq. ft. or 35.3% of the entire regional commercial allotment for the 23 year forecast. 4. We are currently six years from the 1986-87 retail demand forecast the General Plan was based on. The letter does not indicate how much regional commercial square footage has been added during these six years. There have been large areas of regional commercial developed during that time in the Rancon and South Valley Projects, the State College Project, the Wal-Mart Project, the Westside Plaza, the Auto Center, and other projects throughout the City. Has commercial development during the past six years exceeded the annual absorption rate of 95,652 square feet? How much of the 2.2 million sq. ft. is left to absorb over the next 17 years? Has all or most of the 2.2 million sq. ft. already been built? How many square feet are currently in the planning and approval processes? Was Inland Center's last expansion considered in the 2.2 million sq. ft.? None of these questions have been answered by this letter, or any other source that I am aware of. 5. The letter refers to a relevant regional market trade area consisting of a primary and secondary regional market area. This again is based on 1986-87 data. Both Inland Center and Carousel Mall's market trade area cover areas much larger than the City of San Bernardino. A mall's market area is dynamic. It is constantly changing with the construction of new regional commercial product and a variety of other factors. During the six year period since the base data was compiled, major changes have occurred in the market area. Five new Wal-Marts have been built; Tyler Mail double decked and expanded; Moreno Valley Mall was built; and outlet, off-price and power centers have been built or are on the drawing boards. The letter addresses regional market trade area demand projected to the year 2010 but once again does not address the real world of the supply that has occurred within that market area over the last six years in a fast-paced retail environment. In other words, demand has not been adjusted by supply in a currently over built market. Therefore, we do not know where we are currently at and no valid conclusions can be drawn. 6. Perhaps the most significant point that the letter does not address is the unique and specialized market forces that exist between enclosed regional shopping centers and the major department stores that anchor them. The dynamics of these forces are specific to the shopping centers 2 a.r involved, to the specific majors that occupy them and their current economic health, to common ownership interests, to the constantly changing characteristics of their market trade area, the dependency of a number of other businesses on their economic viability and a number of other factors. The letter does not address the critical economic issues facing the City of San Bernardino in achieving the goals, policies and objectives stated in the General Plan for the downtown, i.e., "A. Intensification of downtown San Bernardino with governmental and professional offices, convention facilities, hotels, cultural facilities, supporting retail and restaurants, and high density residential." Critical unaddressed economic concerns are: Retaining the Radisson Hotel; retaining the Cal-Trans headquarters; retaining the Bankruptcy Courts; retaining the Appellate Courts; retaining and expanding County office facilities; retaining regional banking facilities; and retaining office uses that depend on and support these uses. The letter does not address the competition from other cities and counties for these facilities and the economic impact (and the damage to the cities image) that the loss of these interdependent facilities would cause the City. I appreciate very much your careful consideration of these comments and your inclusion of them in the public record of this hearing. Yours truly, Salvatore F. Catalano, CSM General Manager SFC:rIt 3 LAW OFFICES OF MABLENF. A. FOX A PROFESSIONAL CORPORATION rnAR�eNE n. Fox 2031 ORCHARD DRIVE, SUITE 200 SANTA ANA HEIGHTS, CA 92707 (714) 975-8444 FAX (714) 975-8447 HAND DELIVERED May 31, 1993 Mayor W. R. Bob Holcomb LETTER OF OPPOSITION and Members of the San Bernardino Common Council City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Re: Development Agreement No. 91-01 Council Hearing Date: June 2, 1993 Time: 9:00 a.m. Agenda Item: 3 - Continued Public Hearing Our File No. 09450 Dear Mayor Holcomb and Members of the Common Council: I . INTRODUCTION This Office represents the Carousel Mall Merchants Association and respectfully submits this Letter of Opposition to Development Agreement No. 91-01 and its associated Negative Declaration, on behalf of our client. The Carousel Mall Merchants Association represents over 100 merchants that have employed over 1, 800 people for over 20 years at the Carousel Mall (formerly known as the "Central City Mall" ) in the City of San Bernardino downtown area. The Carousel Mall is located just one mile away from the Inland Center Mall just off the I-215 San Bernardino Freeway, at Second Street. Carousel Mall is a one-million-square foot regional shopping center, with over 100 retail stores. Our clients have a direct and substantial interest in the environmental effects of the proposed project on the City of San Bernardino area, in general, and on the regional area which will be impacted by the proposed project, in particular. Accordingly, the purpose of this letter is to address the application of the California Environmental Quality Act of 1970 (CEQA) to the proposal before you (Development Agreement No. 91-01) and to discuss our clients ' concerns with regard to the potential environmental effects of the proposal. A Negative Declaration has been approved by the environmental consultant retained by the project proponent. City staff recommends approval of the � i 6 Mayor Holcomb and Members of the Sari Bernardino Common Council_ May 31, 1993 Page 2 Negative Declaration, arguing in essence, that the project will not have a significant individual or cumulative adverse effect on the environment . As will be shown herein, the procedures embodied in CEQA and its .implementing Guidelines designed to assure adequate public participation and to assure an informed, intelligent analysis and decision regarding the environmental effects of a proposed project, have not been properly observed. Further, we respectfully submit that the preparation and consideration of an environmental_ impact report, rather than mere adoption of a Negative Declaration, is required by law. Before citing the specific violations of CEQA, the State Guidelines and the City of San Bernardino CEQA Guidelines (Resolution No. 90-217 ) , a brief review of the history of the project is appropriate in order to place the matters to be presented herein in proper perspective. Ii . HISTORY OF THE PROJECT At the outset it is appropriate to note that the facts set forth herein are based upon the records existing in the City files made available to this Office in response to our specific requests. In September 1991 the applicant, General Growth Development, Inc. , filed a preliminary environmental description form with the City Department of Planning and Building Services, for the proposed project. The project was described as the expansion of the Inland Center Mall . In general terms the expansion was described as the construction of a second level (double-deck) for the existing Mall which was built in 1965, facilities for up to three additional major department stores and three to four parking structures . At that time the expansion was to consist of in excess of 662, 000 square feet of retail space, nearly doubling the square footage of the existing Mall as well as doubling the number of employees. It is clear from a review of the preliminary environmental description form that it was contemplated as early as September 1991, that the environmental documentation for the proposed project would be a Negative Declaration and not an EIR. Page 5 states that mitigation measures are identified in attached traffic and geoter_hnical reports . The project was assigned to a planner November 6, 1991 and the Project Evaluation Checklist includes under the Section entitled, "Environmental Factors", the following: Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 3 "Liquefaction: Yes, within area of high liquefaction. Subsidence/Slide: Yes, within area of potential subsidence. High Groundwater: Yes, Avg. G. W. Table 0-10 feet. " The study also indicates the applicant submitted the following reports: I . Liquefaction Study - submitted 11/6/91 ; 2 . Traffic Study - submitted 11/6/91 (Revised) ; and 3 . Initial Study - submitted 3/6/92. The project evaluation checklist describes as design issues the following: 1 . Traffic/Circulation; 2 . Noise; 3 . Aesthetics ; 4. I-215 Freeway. The checklist provides the identification of agencies to contact for comments as: 1 . Caltrans ; 2. San Bernardino County Flood Control; 3 . California Office of Planning and Research (OPR) . It should be noted that the 62. 5 acre site for the Inland Center Mall is located adjacent to the I-215 Freeway at 500 Inland Center Drive, in the CR-1, Commercial Regional, Land Use District. ® On December 18, 1991 Caltrans notified the City of San Bernardino that approving a development agreement prior to Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 4 preparation and certification of an EIR on the project would be inappropriate, particularly since the site plan for the Mall_ included in the Development Agreement package did not .reflect any of the plan changes to State Route 215. Notwithstanding the December 18, 1991 notification from Caltrans, the City Traffic Engineer on February 17, 1992 advised the Senior Civil Engineer that the Traffic Report for the Inland Center Mall Expansion had been reviewed and accepted subject to certain mitigation measures and indicates that the proposed project is estimated to generate close to 15, 000 additional Average Daily Traffic Trips. As stated above, the proposed Mitigated Negative Declaration was prepared by Tom Dodson & Associates, a consultant for the applicant and submitted to the City. On April 10, 1992, Brian C. Otter, Environmental Health Specialist II of the San Bernardino County Department of Environmental Health Services, notified the City that all food facilities proposed for the shopping center_ expansion would be under permit from the County DEHS . In addition, the applicant would be required to apply for one or more of the following: 1 . A hazardous materials handler permit; or 2 . An underground storage tank permit and/or; 3 . A hazardous waste generator permit. Notwithstanding that notification from the County, no provision was ever made to address the issues involving hazardous materials, underground storage tanks and/or hazardous waste generator permits by the City in the Initial Study for the proposed project or in the subsequent Mitigated Negative Declaration. On April 22, 1992 the South Coast Air Quality Management District (SCAQMD) notified the City that the District concluded that the proposed project would generate significant construction and operation related adverse air quality impacts due to its size, location and character and that the use of a Mitigated Negative Declaration in this particular_ case, is inappropriate because the application of the identified mitigation measures will not be sufficient to reduce the impact below the level of significance, as required by CEQA. The analysis provided by SCAQMD described the air quality setting for the area, identified ® construction related air quality impacts and operation related Mayor Holcomb and Members of the San Bernardino Common Council May 31 , 1993 Page 5 air_ quality impacts . On page 3 of its analysis under the heading "Cumulative" (impacts ) it states: "The Mitigated Negative Declaration did not provide an analysis of cumulative impacts. An analysis should be done to assess the collective or combined effect of the project, the existing plus project and other nearby projects . Due to the regional nature of the Inland Center Mall, the project could create significant cumulative impacts . Identifying the cumulative impacts from other similar projects as required by CEQA will_ assist in identifying appropriate mitigation measures . " (Emphasis Added. ) At the time the City received the comments from the SCAQMD, Development Agreement No. 91-01 was scheduled for a second ERC/DRC meeting on April 30, 1.992. The .item was pulled from the April 30, 1992 Agenda because of the AQMD comments. Thereafter on May 4, 1992 the City Planning and Building Department received a letter dated April 30, 1992 from Caltrans, stating more specifics regarding their objections to a Mitigated Negative Declaration for the Inland Center Mall Expansion Development Agreement. Caltrans advised that the MND lacked adequate disclosure relative to both direct project and cumulative traffic .impacts, in addition to a number of other specific comments relating to traffic and circulation. Caltrans again took the position that a Negative Declaration is inappropriate for the proposed project and that an EIR is required. Tom Dodson, the environmental consultant For the applicant then undertook the task of preparing responses to the comments the City received from SCAQMD and Caltrans . Reduced to its simplest form, the Dodson responses simply advised Caltrans that it (Caltrans ) is incorrect in its analysis. In a similar vein, Mr. Dodson advised SCAQMD that it is incorrect in its conclusion that the Inland Center Mall MND fails to address the cumulative impacts. Ile argues in Response 4-5, that it would be inappropriate for the City to address the existing operation of the Inland Center Mall as a "part of the project" and therefore as a part of the "cumulative impact" . Astonishing as that statement seems, it nevertheless is the proposition proffered by Mr. . Dodson in Response 4-5 to the Mayor_ Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 6 SCAQMD. Mr. Dodson ' s response reflects a serious misinter- pretation of the requirements of CEQA. While that is riot the only astonishing, inadequate and incorrect .response offered in the ".responses" prepared by Mr. Dodson and apparently, subsequently accepted by the City, it is nevertheless, a good and telling example. In early June 1992 Mr. Dodson finalized the responses to SCAQMD and Caltrans and advised Paul Scroggs of Planning and Development Services : "I have attached 1.5 copies of the responses to comments, which when combined with the Initial Study complete the review process for issuing a Negative Declaration. " Mr. Dodson ' s letter suggests that the ERC could finalize the Negative Declaration when addressing the item at a June meeting. The proposed project was addressed by the F.RC, for a second time (the first time was in December 1991 ) on June 18, 1992. The action taken by the DRC/ERC was to "clear_ the item onto the ® Planning Commission. " Thereafter on July 9, 1992, the attorney for the applicant drafted a Notice of Public Hearing and submitted same to the City, advising that the Notice must be posted and/or mailed and have concurrent publication in a newspaper. The attorney, Patrick G. Mitchell of Gresham, Varner, Savage, Nolan & Tilden requested that lie be provided with a draft version of the Notice prior to its formal publication. Thereafter, the environmental consultant, Tom Dodson, provided the City with the Mitigation Monitoring/Reporting Program intended to support the Mitigated Negative Declaration. On August 21, 1992, the City had an official Notice of Public Hearing published in San Bernardino newspaper, to-wit: The Sun, advertising a meeting to be held before the San Bernardino Planning Commission on Tuesday, September 8, 1992 at 7:00 p.m. A copy of the Proof of Publication of said official- Notice is attached hereto as Exhibit "J" . The Notice (Exhibit J) does not make any reference to CEQA compliance and/or the Mitigated Negative Declaration for Development Agreement No. 91- 01 . The Notice does riot advise the public if the Mitigated Negative Declaration is available for public review or if or where said document could be examined. The Notice is simply silent with regard to any mention of CEQA and/or environmental ® impacts or evaluation. Significantly, the Notice which appeared in The Sun on August 21, 1992 was the first public Notice to Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 7 appear in the newspaper on the Inland Center Mall Expansion Development Agreement. The Staff Report prepared for the September 8, 1992 Planning Commission hearing, page 8, addresses the CEQA status of the proposed project. The Staff_ Report states: "The ERC recommended a Mitigated Negative Declaration and the document was made available for public review from March 24, 1992 through April 23, 1992. " (Emphasis Added. ) The Staff_ Report does not however_ indicate how the public was made aware that there was a proposed Mitigated Negative Declaration available for public review between March 24 and April 23, 1992 . In fact, there was no published notice and there is nothing in the City file to indicate that the property was posted. In fact, there is not anything in the entire file that would corroborate or support the statement that the Mitigated ® Negative Declaration was available for public review for 30 days between March 24 and April 23, 1992. Of equal_ import is the fact that the Staff Report does not advise the Planning Commission that the traffic and air quality impacts have been reduced to a level of insignificance as a result of the proposed mitigation measures. In .fact, the Staff Report is silent on that issue. It simply states that the comments received and responses to those comments are included as Attachment "E" to the Staff Report and that additional analysis and/or mitigation measures were included where deemed appropriate. Staff_ does riot advise the Commission that all potential_ impacts can be eliminated or mitigated to a level of insignificance. Moreover, the Planning Commission packet does not include a copy of the Proposed Negative Declaration. The packet includes a document with a cover sheet identified as the "Initial Study and Proposed Negative Declaration" dated March 23, 1992, date stamped received March 25, 1992 by the City Department of Planning and Building Services . That document consists of the following: 1 . Initial Study; 2 . Environmental Impact Checklist and substantiation; i Mayor Holcomb and Members of the Sari Bernardino Common Council May 31, 1993 Page 8 3. Traffic Impact Study dated September 6, 1991 ; 4. Letter dated February 5, 1992 from Bar_ton- Aschman Associates, Inc. ; 5. Letter dated April 14, 1992 from Donald Frischer & Associates re Inland Center Traffic Impact Study and Technical_ Appendices; 6. Mitigation Monitoring/Reporting Program for mitigation measures identified in Negative Declaration; and 7. Letters from public agencies and responses thereto. The document specifically does not include a document entitled either Negative Declaration or Proposed Negative Declaration or Proposed Mitigated Negative Declaration. In fact, independent ® reviews on three separate occasions of City files reveals that a document entitled "Mitigated Negative Declaration" simply does not exist in the City _files for Development Agreement No. 91-01 . On September 8, 1992 the Planning Commission approved in concept the proposed Development Agreement and the associated Negative Declaration. Thereafter the applicant made a number of changes to the Development Agreement, including language relating to the I-215 Improvement Project by Caltrans and access between the Inland Center_ Mall and any collector-distributor road which is developed as part of the 1-215 Freeway expansion. A number of other changes were made to the Development Agreement relating to traffic, circulation and parking impacts . In a subsequent Staff Report dated September 18, staff advised the Planning Commission that previous concerns had been addressed by certain changes in the Development Agreement that enabled staff to recommend Planning Commission approval and recommendation to the Mayor and Common Council of the Mitigated Negative Declaration and Development Agreement No. 91-01 . The recommendation was subsequently acted on by the Planning Commission on September 22, 1992, recommending approval of the revised Development Agreement and Mitigated Negative Declaration to the Mayor and Common Council. On or about October 8, 1992 official notices of a public hearing before the City Mayor and Common Council were sent to Mayor Holcomb and Members of the Sari Bernardino Common Counci- 1_ May 31, 1993 Page 9 certain neighboring property owners . Attached hereto and incorporated herein as Exhibit "M" is a true and correct copy of the Official Notice that was disseminated by mail to certain property owners on or about October 8, 1992, advising of a public hearing on Development Agreement No. 91-01 which would occur before the Mayor and Common Council on October 19, 1992 at 2:00 p.m. Exhibit "Di" identifies the subject matter of the public hearing as Development Agreement No. 91-01 . The Official Notice does not refer to or mention a Mitigated Negative Declaration, or a Negative Declaration and/or_ CEQA and/or environmental impacts or environmental_ evaluation. There is nothing on Exhibit "M" to indicate to the public or to the recipient of the Official Notice that the Mayor and Common Council will address the environmental aspects of the proposed project. On or about October 1, 1992 the Director of Planning and Building Services, Al Boughey, prepared a Staff Report for the Mayor and Common Council regarding Development Agreement No. 91- 01 for the Council meeting of October 19, 1992. The October 1 Staff Report is for all intents and purposes, identical to the previous Staff Reports in that the Council_ is advised that the Caltrans I-215 improvement project DEIR has not yet been completed and since its alternatives will have some impact on the Inland Center Mall Expansion, this creates an awkward situation for Development Agreement 91-01 since the extent of the impacts are as of this time, unknown. See Staff Report, DA 91-01, page 3. With regard to CEQA status, the Council is advised on page 6, that the key areas of concern were traffic and circulation and air quality. Further, that mitigation measures essentially reduce those concerns to levels of insignificance. No mention is made in the Staff Report to the fact that the proposed project is in an area of high liquefaction or within an area of potential subsidence or within an area with the average groundwater table at 0 to LO feet. Finally, the Staff Report recommended that the Mayor and Council adopt the Mitigated Negative Declaration and authorize execution of Development Agreement No. 91-01 . The October_ 19, 1992 Council meeting was continued to December 7, 1992. Thereafter a Revised Notice was mailed to certain property owners and interested parties indicating that Development Agreement 91-01 would be addressed by the Mayor and Common Council on December 7 and that consideration would also include the proposed Mitigated Negative Declaration and Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 10 Mitigation Monitoring/Reporting Program associated with the project. On November 6, 1992 a Notice of Continued Public Hearing was published in The Sun Newspaper_ . Attached hereto and incorporated herein as Exhibit "K" is a copy of the Proof of Publication from the November 6, 1992 published notice. Exhibit "K" for the first time indicates for the benefit of the public that the Mayor and Common Council will consider the proposed Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program and that those documents were available for review by the public at the City. Thereafter the matter was continued on several occasions and then finally set for hearing before this Honorable body on Wednesday, June 2, 1993 . It should be noted at this point that while there was some opportunity for the submittal of comments to -the Council on October 19, 1992, the hearing was of an "abbreviated nature" , on the basis that the comments submitted would require certain ® responses from the City and that therefore it was unwarranted and unnecessary to devote indepth discussion on this proposal before the Council at that time. Attached hereto and incorporated herein as Exhibit "G" is a copy of the Court Reporter Certified Transcript of proceedings from the October 1.9, 1992 Mayor and Common Council meeting. At the October 19 meeting, the Mayor and Council directed Staff to respond to certain comments regarding the failure to comply with the provisions of CEQA, made by this attorney on behalf of our client, the Carousel Mall Merchants Association. In its Staff_ Report of November 30, 1992, Staff, concurring with the applicant 's consultant, Tom Dodson, essentially took the same position with regard to the comments we raised as they did with regard to the comments raised by both Cal-trans and the SCAQMD. In effect, both Mr. Dodson and staff have concluded that like Caltrans and the SCAQMD, our position has no merit and that the City has taken all necessary steps to comply with the provisions of the California Environmental Quality Act. The purported responses are overly general, conclusory in nature and are unsupported by empirical data. For the most part the purported responses constitute nothing other than subjective opinion heavily biased in favor- of project approval and against the suggestion that the appropriate environmental documentation be prepared, evaluated and circulated for public review. Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 1.1 III . THE PROCEDURAL REQUIREMENTS OF CEQA, THE STATE GUIDELINES AND CITY OF SAN BERNARDINO CEQA GUIDELINES HAVE NOT BEEN FOLLOWED. CEQA was enacted by the Legislature in response to growing concern over the protection of the environment. The basic purposes of CEQA have been identified in Section 15002 of the State Guidelines as: ( 1 ) Informed governmental_ decision-makers and the public about the potential, significant environmental effects of proposed activities. ( 2) Identify ways that environmental damage can be avoided or significantly reduced. (3) Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alte.rna�ives or mitigation measures when the governmental agency finds the changes to be feasible. (4) Disclose to the public the reasons why a governmental agency approve the project in the manner_ the agency chose. There are a host of leading California supreme Court decisions that proclaim that CEQA was intended to be interpreted in such a manner as to afford the fullest possible protection to the environment within the reasonable scope of the statutory language. See Bozung v. Local Agency Formation Commission ( 1975) 13 C. 3d 263, 274; Friends of Mammoth v. Board of Supervisors ( 1972) 8 C. 3d 247, 259. The Court has held that a purpose of CEQA is to insure that the long-term protection of the environment sliall_ be the guiding criterion in public_ decisions . The EIR requirement is the heart of CEQA. The environmental impact report acts as an environmental "alarm bell" whose purpose is to alert the public and officials to environmental_ changes before they have reached ecological points of no return. Moreover, the EIR serves riot only to protect the environment, but also to inform other governmental agencies and the public generally of the environmental impact of a proposed project, and, just as importantly, to demonstrate to an apprehensive citizenry that the agency has, in fact, analyzed and Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 1.2 considered the ecological implications of its actions . Based on strong public policy as pronounced by the Legislature in the statute, the courts have required strict compliance with CEQA by public agencies . Procedural requirements imposed by CEQA "are not inherently flexible, indeed they establish a strict standard of compliance. " The clear legislative intent of CEQA is to provide environmental protection, complete empirical analysis and full public disclosure. With those goals and parameters in mind, it is indisputable that in the case of Development Agreement No. 91- 01, the City of San Bernardi-no thus far has opted to ignore CEQA and to treat it as a mere statutory nuisance. The Initial Study is the preliminary analysis conducted in order to determine whether to prepare a Negative Declaration or an EIR and, in some cases, to identify the impacts to be analyzed in the EIR. When the Initial Study concludes that no ETR is necessary, the preliminary documentation must also provide documentation of the factual basis for the conclusion that a Negative Declaration will suffice. Given those general concepts, it must first be noted that CEQA requires a lead agency to first consult informally with any responsible or trustee agencies prior to preparation of the Initial Study. In other words, in this case, the City was obligated to solicit comments from other agencies as to whether an EIR or Negative Declaration would be proper. As stated above, the City was advised early on in the process by Caltrans, that it would be inappropriate to approve the Development Agreement for the expansion of the Inland Center Mall, without first preparing an EIR. Notwithstanding that comment by Caltrans, the City nevertheless pressed forward and at the suggestion and request of the applicant, accepted a Mitigated Negative Declaration. The various staff reports, discussed above, refer to the Caltrans I-215 improvement project and the fact that there are a number of unknowns associated with that improvement project which will impact the Inland Center Mall Expansion. There is significant discussion regarding the fact that at the time the Mitigated Negative Declaration was prepared, the I-215 improvement project impacts were unknown. At this time the DEIS for the I-215 improvement project between the I-10 and SR 30 in San Bernardino, is available . The public hearing process has begun and the .impacts of that improvement project on the current project will be identifiable within the next several_ months. Environmental documents supporting the Development Agreement for Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 13 the expansion of the Inland Center Mall should incorporate, consider and evaluate impacts of the I-215 improvement project on the expansion of the Mall in order to reveal the true range of impacts that will be experienced. Without that information, the City is dealing with substantial_ unknowns that could have disastrous environmental effects on the City and its transportation facilities for a long time to come. All of the documents for the proposed project agree that Development Agreement 91-01 contemplates a project of regional- wide significance. Public Resources Code §21092. 4(a) mandates that lead agencies approving projects of regional or area-wide significance, must also consult with "transportation planning agencies" and "public agencies" which have transportation facilities within their jurisdictions which could be affected by the project. Such "transportation facilities" include "major local arterials and public transit within 5 miles of the project site and freeways, highways and rail transit service within 10 miles of the project site. (PRC §21092.4(b) ) . As the proposed project is one of regional and area-wide significance, the City must consult with the County of San Bernardino Transportation Agency and the Cities of Highland, Redlands, Colton, Loma Linda, Riverside and Realto regarding the proposed project to determine if those agencies have transportation facilities which will be impacted by the proposed project. Those public agencies must be given an opportunity to review the environmental documentation for the proposed project and to comment on that documentation regarding the project ' s anticipated impacts on its transportation facilities. In this instance, the City did not consult with any of those public agencies. Moreover, the City failed to consult with County and the San Bernardino Association of Governments (SANBAG) regarding the impact of the County Congestion Management Plan on the proposed project and conversely, the impact of the proposed project on the CMP. The City was obligated to provide the consulted transportation agencies with all environmental documents pertaining to the project for the purpose of obtaining information concerning the project 's effect on major arterials, public transit, freeways, highways and rail transit service within the consulted agency's jurisdiction. Staff has consistently asserted that the Mitigated Negative Declaration responds to issues raised by Caltrans. That assertion is factually incorrect. Attached hereto and incorporated herein as Exhibit "B" is a Report prepared by WPA Mayor_ Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 14 Traffic Engineering, Inc. , signed by Weston S . Pringle, P.E. , a Registered Professional Engineer. and Traffic Engineer in the State of California. Mr. Pringle reviewed the various City Staff_ Reports, the Traffic Studies, Initial Study, Caltrans comments and .responses thereto and the Draft Environmental Impact Statement for the Caltrans I-2.15 Improvement Project. In his Report Mr. Pringle points out that the Initial Study Checklist Substantiation, page 20, indicates that the proposed project does not cause any adverse traffic impacts beyond those addressed in the City General Plan Circulation Element and indicates the conclusion lacks substance. In addition to the comments in Exhibit "B" regarding that statement, it should also be pointed out that the City of San Bernardino General Plan EIR was prepared in March 1989, more than 4 years ago and the General Plan was adopted in June 1989, 4 years ago. The level of analysis in those documents although general, was sufficient analysis for a general plan but does not constitute sufficient analysis for a site specific project, particularly one proposed 4 years later and one which will be phased in over a 10 to 20 year period. It is incredible that anyone would suggest that a 1989 General Plan EIR and policy discussion could adequately identify the environmental impacts that can be caused by a project of the magnitude of the Inland Center Mall Expansion which will occur 5 to 15 years after the General Plan documentation was prepared. Certainly the applicant and the City can appreciate the significance of the lapse in time between the adoption of the General Plan and the actual construction of the project and the difference in the environmental setting and traffic counts and needs that will exist at those future dates . The WPA Traffic Engineering Report goes on to discuss the F.rische.r. Traffic Study and the Intersection Level of Service Conditions . The WPA Report comments on the inconsistencies between the project size as describe(] in i_n the Staff Report, the Traffic Study and the Initial Study and concludes that the differences in the three reports could affect the traffic impact analyses . (See WPA Traffic Engineering, Inc. Report, page 3. ) Both Caltrans and WPA Traffic Engineering, Inc. have submitted empirical data and information to the City which constitutes substantial evidence that the project may cause a significant effect on the environment. The proposed Mitigation Monitoring Program, as argued by Caltrans does not either eliminate or .reduce to a level of insignificance, those significant environmental impacts clearly identified by both Caltrans and WPA Traffic Engineering, Inc. r Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 15 Guidelines §15063 provides that all phases of project planning, implementation and operation must be considered in the Initial Study of the project. While the proposed project in this instance is Development Agreement 91-01, the Development Agreement contemplates the construction, implementation and operation of an expansion to the Inland Center Mall that will nearly double both the square footage in the Mall and the number of employees at that regional facility. It is the actual construction, implementation and operation of the Mall that must be addressed in the Initial Study as the Development Agreement clearly provides that once executed, the DA will be in lieu of any and all future permits that might be required for that huge construction project. Accordingly, in order to prepare a Negative Declaration for Development Agreement 91-01, the Council must state that there is no substantial evidence that the project or any of its -aspects, may cause a significant effect on the environment. Guidelines 15063 (b) ( 2) . ) It must be remembered that one purpose of the Initial Study is to provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment. It is an accepted practice for an Initial Study to identify environmental effects by use of a checklist, matrix or other method. In addition, it must also be remembered that as soon as the lead agency has determined that a Initial Study will be required, the Lead Agency shall consult informally with all Responsible Agencies and all Trustee Agencies responsible for resources affected by the project to obtain the recommendations of those agencies as to whether an EIR or Negative Declaration should be prepared. In this instance, at a minimum, the City should have consulted with: 1 . The Cities of Highland, Redlands, Colton, Loma Linda, Riverside and Realto; 2. Caltrans; 3. SCAQMD; 4. County of San Bernardino Department of Transportation; 5. County of San Bernardino Department of Environmental Health Services; 6. San Bernardino Association of Governments; Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 16 7. San Bernardino County Public Works Department. Of those responsible and trustee agencies cited, the City consulted only with Caltrans and the SCAQMD. Most conspicuously, the City failed entirely to consult with any other neighboring local jurisdictions, notwithstanding their statutory obligations to do so. The Initial Study prepared in this instance is inadequate. The Guidelines provide that the I .S. shall contain a description of the project including the location and an identification of the environmental setting. There is no attempt in the Initial Study prepared for the proposed project to identify the environmental setting of the Inland Center Mall. Moreover, the Environmental Impact Checklist signed by Larry E. Reed and dated March 19, 1992 on behalf of the ERC, is both inaccurate and inadequate, as set forth in detail below. Checklist, page 1, paragraph B. 1-Earth Resources - The Checklist is inaccurate in that it responds "No" to questions D and E and indicates that the "yes" response to question G can be satisfactorily mitigated to "no significance" . The Checklist Substantiation on pages 2 and 3 purport to clarify those responses. The Checklist Substantiation information is fraught with generalizations and sweeping conclusions and not based on scientific, factual data. Among the most glaring problems are the responses to 1 G under Earth Resources referring to development within an area subject to landslides, mud slides, liquefaction or other similar hazards, etc. The Checklist Substantiation states on page 3 that the developer has had prepared a detailed Liquefaction Report dated January 1992 by Law/Crandall Inc. Further that the Report summarizes results from soil borings and analysis of materials encountered beneath the project site and concludes that the potential for significant liquefaction at the site is considered low. The Checklist Substantiation goes on to offer a mitigation measure and states that geotechnical hazards to affect future structures can be mitigated to nonsignificant levels by complying with the engineering measures identified in two January 1992 Reports cited on page 4 of the Checklist Substantiation. This Office has engaged in substantial efforts to obtain copies of the documents referred to in the Checklist Substantiation material relating to the January 1992 evaluation of Liquefaction Potential, etc. Report and the January 1992 Report on Foundation Investigation, etc. As of this date, we have been unable to find Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 17 any evidence that either of those two cited Reports exist in the files for this Project at the City of San Bernardino or, in fact have ever existed. Attached hereto and incorporated herein as Exhibit "A" is a Declaration executed under penalty of perjury by Kelly S. Ringer, a Paralegal employed by this Office. As the Declaration states, Ms. Ringer reviewed the City files for Development Agreement No. 91-01 at the Planning and Development Services Department in both October and December 1992. During the course of her review, Ms. Ringer made a list of each and every document in the files and was unable to locate either of the two documents referred to on page 4 of the Checklist Substantiation relating to geologic conditions at the Inland Center Mall and/or a foundation report, dated January 1992. Moreover, Ms. Ringer made a specific request to the Planner in charge of the project, Valerie Ross, requesting copies of those documents or the right to at least inspect the documents. That exchange and communication with Ms. Ross is set forth in detail in Exhibit "A" . Ms. Ringer was told that Ms . Ross had researched this matter before and that she had been unable to locate either of the two documents that are referred to in the Mitigation Measure, relating to geotechnical constraints of the property and dated January 1992. Finally, Ms. Ross advised Ms. Ringer that she would research that matter further by communicating with Tom Dodson, the consultant for the applicant and when she had information on the documents, she would contact Ms. Ringer here at this Office, and so advise her. As of this time and date, we have had no further communication from Ms. Valerie Ross relating to either of the two documents identified as: 1 . "Evaluation of Liquefaction Potential Proposed Inland Center Malt Expansion Interstate 215 Freeway and Inland Center Drive, San Bernardino, California, for General Growth of California, Inc. , January ' 92" ; and 2. "Report on Foundation Investigation Proposed Inland Center Mall Expansion Interstate 215 Freeway and Inland Center Drive, San Bernardino, California, for General Growth of California, Inc. , January ' 92. " It should also be noted that the Checklist Substantiation material states that the two cited documents were reviewed and approved by the City Building Department. Surely if the documents were reviewed and approved by the City Building Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 18 Department, there would be some evidence of their existence in the City files . If_ the documents do exist, then they have been withheld from this Office and have precluded our client and our client 's representatives from reviewing that technical data in order to provide comments thereon to the Council. CEQA does not sanction such concealment of information as such a maneuver would be contrary to public policy declarations in the statute that provide for adequate public participation and review. In light of the foregoing, it is interesting to note that on page 1 of the Checklist signed by Larry Reed, it states: "Environmental Constraint Areas: Geologic and Seismic" . That notation is in addition to the Project Evaluation Checklist discussed above which provides that the project is within an area of high liquefaction, is within an area of potential subsidence, adjoins a 100 year flood zone and has high groundwater, with an average groundwater table of 0 to 10 feet. Note that the two City documents addressing the geotechnical environmental factors that are issues with this project, are both City employees and that the Initial Study and Checklist Substantiation was prepared by the consultant for the applicant, and not by the City Staff. Moreover, on October 19, 1992, at the hearing before the Council, this attorney questioned the validity of the Law/Crandall, Inc. Report on the basis that the Report was prepared and is dated September 6, 1991, nearly one year before the significant Landers and Big Bear earthquakes of June 28 and 29, 1992. In that regard, we brought to the attention of the Council, substantial documentation that has been prepared and pertains to this issue and the location of this property since the Landers and Big Bear earthquakes of 1992. Clearly this is an issue that cannot be swept under the "proverbial rug" by use of sweeping, conclusory, general statements such as those contained in the Checklist Substantiation with references to nonexistent technical reports, allegedly site specific. The proposed project includes addition of a second story or "decking" to the existing Mall. A tragic example of what can happen in a severe earthquake with regard to "decking" was graphically and painfully demonstrated several years ago during the October 1989 Loma Prieta earthquake in Northern California with the collapse of the double-deck freeway in Oakland, California. To treat this matter in such a cavalier fashion as to say it cannot happen here under the facts and circumstances, constitutes a callous disregard for the health, safety and welfare Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 19 of the citizens and people who will patronize and visit the Inland Center Mall facilities after expansion. Given these circumstances it is imperative that the matter be adequately presented and that the public have an opportunity to review the most current, scientific and available information, and more importantly that this Council have the most current, scientific and reliable information available before issuing the blanket approval for this project as contemplated by the proposed Development Agreement. In addition to the documents cited on October 19, 1992, attached hereto as Exhibit "F" is an article which appeared in the EERI Special Earthquake Report of August 1992, entitled "Landers and Big Bear_ Earthquakes of June 28 and 29, 1992", providing more updated information. Attached hereto and incorporated herein as Exhibit "I" is a document obtained from the California Department of Conservation entitled "Future Seismic Hazards in Southern California, Phase I : Implications of the 1992 Landers Earthquake Sequence", published by the United States Department of the Interior, the California Office of Emergency Services and the California Department of Conservation. Exhibit "I" was prepared and published in November 1992. Note that a Phase II report which will contain more complete analysis of future earthquake probabilities in greater Southern California will be available in approximately two to three months from now. Note the statement on page 24, Exhibit "I", at the bottom, in a discussion involving the Southern San Andreas and Northern San Jacinto Faults, it states: "If the San Bernardino Mountains segment should fail in the next few years, its complex fault geometry suggests that the coseismic deformation will also be complex; the event would probably be well over M7" . (magnitude of 7 on the Richter Scale) . In addition to the documents included with this Letter of Opposition, we refer the City to a document published by the California Department of Conservation, Division of Mines and Geology, dated 1992 identified as DMG Open-File Report 92-1, entitled "Peak Acceleration From Maximum Credible Earthquakes in California", which also provides more current geotechnical and seismological information about faults, earthquakes and characteristics of strong ground motion which has accumulated rapidly since 1974. The Checklist, Question 2 relating to air resources, again indicates that the proposed project will not result in substantial air emissions or an affect upon ambient air quality 0 Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 20 as defined by the AQMD or create objectionable odors. Attached hereto as Exhibit "D" is a Report prepared by Hans D. Giroux, Senior Scientist of Giroux & Associates, commenting on the Negative Declaration and the failure to recognize and address the significant air quality impacts that will be created by the proposed project. Mr. Giroux points out in his Report that there are substantial deficiencies in the available information and in fact that there is inadequate information to reach the conclusions City and Applicant have reached regarding no significant impact on air emissions. Mr. Giroux points out on page 3 of his Report that the project ' s relationship to the I- 215 Freeway Improvement is a particularly critical concern in light of the findings in the I-215 Improvement Draft EIR. The I- 215 Improvement DEIR shows the Inland Center Drive/I-215 Ramps to operate at LOSF for all improvement alternatives except Alternative 3. In addition to the foregoing Mr. Giroux points out that the air quality analysis ignores the recently revised/adopted AQMD CEQA Handbook which modified existing thresholds of significance. Further, that if an EIR is required for this project, as it should be, the EIR will be required to conform to the new significance standards, not those used in the current documentation. Mr. Giroux also points out that the proposed Development Agreement specifically requires that the Inland Center Mall Expansion will be exempt from all future participation in the Congestion Management Program to be adopted and in force in the County. This is incredible since the ICM is an anticipated trip generator of 44, 200 trips per day. Exemption of the ICM facility from the CMP is contrary to air quality improvement objectives in the regional air quality management plan (AQMP) . Finally, Mr. Giroux concludes that there is insufficient data in the Initial Study, including the purported Checklist Substantiation, to confirm the contention that air quality impacts are at less than significant levels. There are a number of other deficiencies in the Environmental Checklist and in the Checklist Substantiation. Specifically, the conclusions in the Checklist relating to water resources, biological resources, noise, man-made hazards, housing, transportation/circulation, public services, utilities, and aesthetics are unsupported by factual, empirical data and the statements in the purported Substantiation, amount to overly broad, conclusory statements, including numerous non-specific, general references to the City of San Bernardino 1989 General i Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 21 Plan and 1988 General Plan Update Technical Background Report. The level of discussion in an EIR for a General Plan and in the General Plan itself, is by definition general and not "site specific" with regard to environmental impacts. However, the State Guidelines do allow for incorporation by reference of all or portions of another document which is a matter of public record and is generally available to the public. Where such other document is incorporated by reference, the incorporated part of the referenced document shall be briefly summarized where possible or briefly described if the data cannot be summarized. Further, the relationship between the incorporated part of the referenced document and the Checklist or Negative Declaration shall be described. The Guidelines provide that in order to rely on material outside the document at hand (the Environmental Checklist and/or the Checklist Substantiation) , the City must notify the public of its intent to rely on said material, and the specific information in the other material that the City is using to support its decision. Although the Checklist Substantiation makes numerous references to the General Plan and the General Plan Update Technical Background Report, as well as several other Reports, there is no attempt whatsoever to identify the specific information in those reports that the City is using to support the conclusions set forth in the Environmental Checklist. On that basis, there is no way that the public can review the Environmental Checklist and/or the Checklist Substantiation and identify the source of the information on which the City relied to draw the conclusions in the Checklist that the proposed project would not have a significant impact on air resources, transportation/circulation, earth resources, water resources, man-made hazards or any of the other questions and issues raised in the Checklist. It is respectfully submitted that the Environmental Checklist and the purported Checklist Substantiation does not contain sufficient scientific data to support the conclusions reached in the Checklist of non-significance of the proposed project and therefore the Initial Study fails at its basic purpose to provide documentation of the factual basis for the finding in the Negative Declaration that the project will not have a significant effect on the environment. Guidelines §15064 (a) (1) provides that when a Lead Agency determines that there is substantial evidence that a project may have a significant effect on the environment, the Agency shall prepare a Draft EIR. As stated above, the determination of Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 22 whether the project may have a significant effect calls for careful judgment on the part of the Agency, based to the extent possible on scientific and factual data and not on sweeping and overly broad conclusory statements, unsupported by facts . When evaluating the significance of the environmental effect of a project, the Lead Agency shall consider both primary or direct and secondary or indirect consequences . Primary consequences are immediately related to the project whereas secondary consequences are related more to the effects of the primary consequences than to the project itself. Examples of consequences deemed to be significant are set forth in Appendix G to the State Guidelines . Appendix G states that a project will normally have a significant effect on the environment if it will: (1 ) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system; (n) Encourage activities which result in the use of large amounts of fuel, water, or energy; (p) Increase substantially the ambient noise levels for adjoining areas; (r) Expose people or structures to major geologic hazards; (u) Disrupt or divide the physical arrangement of an established community; (x) Violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations . " It is our contention that the proposed Inland Center Mall Expansion will have a significant effect on the environment as that term is defined and found in Sections (1) , (n) , (p) , (r) , (u) and (x) of Appendix G to the State Guidelines. Note also that while economic and social changes resulting from a project are not treated as significant effects on the environment, such economic or social changes may be used, to determine that a physical change shall be regarded as a significant effect on the environment. Where a physical change Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 23 is caused by economic or social effects of a project, the physical change may be regarded as a significant effect in the same manner as any other physical change resulting from the project. See Guidelines §15064 (d) , (e) and (f) . See also Citizens Association for Sensible Development of Bisho Area v. County of Inyo 1985 172 C.A. 3d 151 and Citizens for Quality Growth v. City of Mt. Shasta (1988) 198 C.A. 3d 433. The proposed Inland Center Mall Expansion is analogous to the situation in the Citizens Association for Sensible Development of Bishop Area case. In that case the Court agreed with the plaintiffs and ruled that the County of Inyo must require an EIR which should consider the physical deterioration of the downtown area to the extent that potential is demonstrated to be an indirect environmental effect of the proposed shopping center. The Inland Center Mall Expansion could have a substantial and adverse impact on other areas of the City of San Bernardino, if the Inland Center Mall attracts businesses currently located in the Highland Avenue retail corridor, the base line retail corridor, the Mount Vernon Avenue retail corridor, the new Westside Shopping Plaza, the 40th Street and State College shopping areas, the retail portions of Commerce Center, Tri-City and Valley projects, and last, but not least, the downtown retail core. Attracting existing businesses from the downtown business core, including but not limited to businesses from the Carousel Mall, could potentially cause a blight of downtown San Bernardino such as that which existed in the City in 1965. If the proposed project would deprive the downtown business district of necessary revenue, forcing business closures and eventual physical deterioration of the downtown business are, this would be a secondary consequence more related to the effect of the Inland Center Mall Expansion than to the expansion itself. That fact notwithstanding, the economic change that may result means that a physical change shall be regarded as a significant effect on the environment where the physical change, such as the deterioration of the downtown business area, is caused by the economic effects of the project. CEQA provides that a decision as to whether a project may have one or more significant effects shall be based upon information in the record of the Lead Agency. If the Lead Agency is presented with a fair argument that a project may have a significant effect on the environment, the Lead Agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect. See Friends of B Street v. City of Hayward ( 1980) 106 C.A. 3d 988 and No Oil, Inc. v. City of Los Angeles (1974) 13 C. 3d 68. Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 24 In the instant case, the communications with Caltrans, the AQMD, the Giroux Report, the WPA Traffic Engineering, Inc. Report, the substantial current data on the geotechnical hazards relating to earthquakes and geotechnical hazards in the San Bernardino area and the potential economic impacts which will be created by the proposed project as submitted by our client, clearly demonstrate that a fair argument has been presented to the City of San Bernardino that the Inland Center Mall Expansion project may have a significant effect on the environment and that an EIR is required. Moreover, it is clear that there is disagreement between experts over the significance of the effects on the environment. In such a case, Guidelines §15064 (h) ( 2) provides that the Lead Agency shall treat the effect as significant and shall prepare an EIR. As stated above, in the Introductory portion to this Letter of Opposition, CEQA procedures are mandatory and not flexible to be inconsistently applied at whim, when convenient. It is beyond question that in the instant case, preparation of an EIR is required. Item 14 on page 5 of the Environmental Checklist requires that the Lead Agency make certain mandatory Findings of Significance pursuant to §15065 of the State Guidelines. Specifically, CEQA provides that if any one of four questions can be answered "yes" or "maybe", the project may have a significant effect on the environment and an EIR shall be prepared. See Public Resources Code §21083 (b) and (c) . It cannot be seriously argued that a construction project of the size and scope of the Inland Center Mall Expansion will not have impacts that are cumulatively considerable. Without a doubt, by definition, given the increased number of daily vehicular trips, the anticipated air emissions, the potential to negatively impact the downtown business core of the City, the impact on public services and the potential exposure of human beings to severe geological hazards, that the project will have a significant cumulative impact on the environment. Clearly the response to questions 14 (c) and (d) should have been answered with a resounding "yes" . Note that the purported environmental impact Checklist Substantiation makes no attempt to address Item 14 on page 5 of the Environmental Checklist or to justify the conclusions and answers to the four questions requiring a mandatory finding of significance. In addition to the foregoing, the City failed to comply with the requirements for processing the Negative Declaration. However, we submit that a detailed discussion of those failures is unwarranted at this point because the evidence that Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 25 there is a fair argument that the project will cause a significant impact on the environment is overwhelming and an EIR should be required prior to project approval. Suffice it to say at this point that Guidelines §15070 (a) or (b) provides that if there is any substantial evidence before the Lead Agency that the project as proposed or revised may have a significant effect, an EIR must be prepared. Friends of B Street v. City of Hayward, supra; Running Fence Corp. v. Superior Court 1975 51 C.A. 3d 400. Although it is our contention that a negative Declaration for this project is inappropriate, much has been made by staff and the project proponent 's representatives, that our client as well as the public at large had adequate opportunity to review the proposed Negative Declaration in the spring of 1992, purportedly after it was proposed by the ERC. In fact, in each of the staff reports to the Planning Commission and the Council, staff has continued to reiterate that there was a 30-day public review period of the Negative Declaration, during which the public could comment on the proposed document. ® In that regard, PRC §21092 (a ) provides that a public agency preparing a Negative Declaration shall provide public notice of that fact within a reasonable period of time prior to final adoption of the Negative Declaration. The notice shall specify the period during which comments will be received on the Draft Negative Declaration and shall include the date, time and place of any public meetings or hearings on the proposed project, a brief description of the proposed project and the address where copies of the Negative Declaration are available for review. Notice must be given by publication by posting where the project is to be located and by direct mailing to owners and occupants of contiguous property shown on the latest equalized assessment roll. Notwithstanding all of the statements in the Staff Report and the arguments by staff and the applicant to the contrary, the only notice ever given of the Negative Declaration according to City files, was the Notice that was given in early November. 1992 when the Council hearing was continued from November 2nd to December 7, 1992. That was the first and only notice that was ever published that addressed the proposed Negative Declaration. As discussed above in the Introductory portion of this Opposition Letter, although there were several earlier notices of public hearings, the notices contained no references whatsoever ® to CEQA compliance or to a proposed Negative Declaration. On that basis and on the basis that the Council as final ASVAk Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 26 decisionmaker in this instance has an obligation to independently review and evaluate the City ' s CEQA compliance and the proposed Negative Declaration, comments on the Negative Declaration at this time are not inappropriate. In fact, Guidelines §15074 (b) mandates that the decisonmaking body of the Lead Agency shall consider the proposed Negative Declaration together with any comments received during the public review process, prior to approving the project. In addition to the .failure to comply with CEQA and the State Guidelines, a review of the City file reveals that there has been a failure to comply with the City ' s own Guidelines as set forth in Resolution No. 90-217. Specifically, Section V.C. discussing the procedure for the preparation of initial studies, provides that a Draft Initial Study shall be prepared by the Department presumably the Department of Planning and Building Services, based on information supplied by the application and consultation with City Departments and Responsible Agencies. That section also provides that during the Initial Study there shall be consultation with any known agencies and/or individuals that might be affected by a proposed project in order to identify any significant adverse impacts. Clearly in this case the Draft Initial Study was prepared by the environmental consultant for the Applicant and not by the City and there was no consultation with known agencies and/or individuals that might be affected by the proposed project. Section V, F, again discussing consultation procedures provides that consultation with other public agencies, City departments and the public shall be done for all Initial Studies, Negative Declarations and EIRs. The Department and ERC shall be responsible for assuring that consultation does take place as required by State CEQA Guidelines. With regard to the proposed Initial Study and the proposed Mitigated Negative Declaration for the Inland Center Mall Expansion Development Agreement, City Guidelines V. , F. mandating consultation was ignored. Section V. , H. , entitled Evaluation and Response to Comments Received provides that when the City is the Lead Agency, the Department shall evaluate any comments received on an Initial Study and recommend environmental determination of a project. This procedure was not used with regard to Development Agreement 91-01 . The comments received from Caltrans and AQMD were evaluated and responded to by the consultant for the Applicant. Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 27 IV. STAFF AND APPLICANT RESPONSES ARE INADEQUATE AS A MATTER OF LAW AND DO NOT ALLEVIATE THE NEED FOR AN EIR. OPR summarized the requirements of CEQA in responding to comments as follows: "Comments must be addressed in detail, giving reasons why the specific comments and suggestions were not accepted and factors of overriding importance warranting an override of the suggestion. Responses to comments must not be conclusory statements but must be supported by empirical or experimental data, scientific authority or explanatory information of any kind. The Court (Cleary v. County of Stanislaus ) further said that the responses must be a good faith, reasoned analysis. " The comment and response procedures of CEQA ensure a vital function by furthering the policy of public input underlying the Act. Comments cannot be ignored or superficially addressed, because a detailed, good faith, reasoned response "helps to insure the integrity of the process of decision by precluding stubborn problems or serious criticism from being swept under the rug. " County of Inyo v. Yorty (1975) 32 C.A. 3d 795, 807. The responses by Staff and the Applicant to the many concerns raised on behalf of the Carousel Mall Merchants Association are superficial at best. For example, many comments raised the issues of geotechnical hazards relating to liquefaction, and a high groundwater table. Responses simply indicate that the September 1991 geotechnical report from Law/Crandall indicates that significant impacts can be mitigated, without any further specifics. Other responses also lacked the requisite analysis. For example, with regard to the issues relating to the degradation of air quality in the area as raised by the AQMD, the response is almost nonsensical. The response states: "Given the increased capture of customers that would normally shop out of the area, net air emissions would actually be reduced thereby avoiding significant air quality impacts . " There is not an iota of evidence in the record to substantiate Mayor Holcomb and Members of the San Bernardino Common Council May 31, 1993 Page 28 the theory that there will be an increased capture of customers that would normally shop out of the area. This response wholly fails to state any basis for the contentions stated and is insufficient as a matter of law. The response also ignores the point of requiring an EIR where there is serious public controversy over the environmental effects of a project . The CEQA Guidelines require the preparation, analysis and consideration of an EIR whenever there is serious public controversy. This requirement cannot be short- circuited by imposing mitigation measures on a Negative Declaration, especially in the situation where no empirical data is identified or exists to support the Staff "contentions" that the mitigation measures are adequate. In summary, the Staff responses are inadequate as a matter of law and totally fail to alleviate the necessity of preparing an EIR for this project. V. CONCLUSION It is respectfully submitted that an EIR is required to address the environmental effects which would be identified in the event the City prepares an objective and substantiated Initial Study for the project. A project the size and scope of the Inland Center Mall Expansion clearly needs the scrutiny that would be provided by a .full and complete EIR. On behalf of our client and this Office we thank the Mayor and Council for the opportunity to submit this Letter and to apprise you of our concerns . Should any member of the Council have any questions or .require additional information, this Office would be pleased to respond in any way possible. Thank you for your anticipated consideration of this matter. Respectfully submitted, LAW OFFICES OF MARLENE A. FOX By MARL NE A. FOX MAF/Lgl Attachments cc: Carousel Mall Merchants Association 0 LIST OF EXHIBITS ATTACHED TO MAY 31, 1993 LETTER IN OPPOSITION TO APPROVAL OF DEVELOPMENT AGREEMENT NO. 91-01 SUBMITTED TO THE SAN BERNARDINO COMMON COUNCIL ON BEHALF OF CAROUSEL MALL MERCHANTS ASSOCIATION EXHIBIT A - Declaration of Kelly S. Ringer and attachment re review of City files on Development Agreement No. 91-01 . EXHIBIT B - May 27, 1993 Letter from WPA Traffic Engineering, Inc EXHIBIT C - Resume and credentials of WPA Traffic Engineering, Inc. and Weston S. Pringle, Registered Professional Engineer EXHIBIT D - May 28, 1993 Letter from Hans D. Giroux, Senior Scientist, Giroux & Associates EXHIBIT E - Statement of Qualifications of Giroux & Associates Hans D. Giroux EXHIBIT F - Article entitled Landers and Big Bear Earthquakes of June 28 and 29, 1992 which appeared in the August 1992 EERI Special Earthquake Report EXHIBIT G - Copy of Court Reporter Certified Transcript of October 19, 1992 Common Council Hearing on Development Agreement No. 91-01 EXHIBIT H - Article on Inland Center Mall Expansion Plans which appeared in the San Bernardino Business Magazine, published by the San Bernardino Area Chamber of Commerce, Volume VI No. 7, November 1992 EXHIBIT I - November 1992 Publication entitled Future Seismic Hazards in Southern California, Phase I : Implications of the 1992 Landers Earthquake Sequence, published by the United States Department of the Interior, the California Office of Emergency Services and the California Department of Conservation 0 0 EXHIBIT J - Proof_ of Publication of Notice of Hearing before San Bernardino City Planning Commission of Development Agreement No. 91-01 EXHIBIT K - Proof of Publication of Notice of Hearing before Mayor and Common Council of Development Agreement No. 91-01 EXHIBIT L - Article entitled When "Big One" hits S.B. - What it Might Do which appeared in The Sun newspaper on February 7, 1993 EXHIBIT M - San Bernardino Official Notice of Public Hearing Before the City of San Bernardino Mayor and Common Council for October 19, 1992 2:00 p.m. meeting 2. 1 2 3 4 BEFORE THE MAYOR AND COMMON COUNCIL 5 FOR THE CITY OF SAN BERNARDINO 6 7 IN RE THE MATTER OF: ) PUBLIC HEARING: ) DECLARATION OF KELLY S. 8 ) RINGER, ATTACHED AS EXHIBIT "A" TO LETTER 9 DEVELOPMENT AGREEMENT ) OF OPPOSITION SUBMITTED NO. 91-01 TO GOVERN THE ) BY CAROUSEL MALL MERCHANTS 10 DEVELOPMENT OF A PHASED ) ASSOCIATION EXPANSION PROJECT AT ) 11 INLAND CENTER MALL ) 12 13 14 DATE AND TIME: MONDAY, JANUARY 11, 1993 , 2 P.M. 15 16 DECLARATION OF KELLY S . RINGER 17 I, KELLY S. RINGER, declare: 18 1 . I am employed as a Paralegal by the Law Offices of 19 Marlene A. Fox, a Professional Corporation. 20 2 . My responsibilities as a Paralegal for the Fox Firm 21 include frequently reviewing files at various public agencies, to 22 r search for documents and to summarize file contents . 23 3 . On October 16, 1992 I went to the Department of 24 Planning and Building Services at the City of San Bernardino 25 located at 300 North "D" Street and asked to review the file on 26 the Inland Center Mall expansion project (Development Agreement 27 No. 91-01 ) . 28 1 4. My employer, Ms. Marlene A. Fox, specifically 2 instructed me to search the file for copies of documents relating 3 to the Negative Declaration and for the following two specific 4 documents: 5 (a) Evaluation of Liquefaction Potential Proposed 6 Inland Center Mall Expansion Interstate 215 7 Freeway, etc. , dated January 1992; and 8 (b) Report on Foundation Investigation Proposed 9 Inland Center Mall Expansion, etc. , dated 10 January 1992. 11 5 . On October 16, 1992 I conducted a thorough review of 12 each and every document contained in the file made available to 13 me by the Planning and Building Services Department and was not 14 able to locate either one of the two aforementioned described 15 documents dated January 1992. 16 6. On November 30 and December 1, 1992 I made a series of 17 telephone calls to the Department of Planning and Building 18 Services of the City of San Bernardino, attempting to communicate 19 with Planner Valerie Ross for the purpose of obtaining a Staff 20 Report for the December 7th Common Council meeting and to make an 21 appointment to review the City files on the Inland Center Mall 22 Expansion, without success . 23 7 . Finally early in the morning on December 2, 1992 I was 24 able to reach Valerie Ross and secured an appointment to review 25 the City files . 26 27 28 2 . 1 8. On December 2, 1992 I arrived at the City of San 2 Bernardino Department of Planning and Building Services at 3 approximately 11: 25 a.m. 4 9. I was directed to a Boardroom by Mr. John Burke to 5 review the DA 91-01 File which was in that room on a table. 6 10. I reviewed the City file on the Inland Center Mall 7 Expansion from approximately 11 : 25 a.m. to approximately 3:00 8 p.m. on that date and during the course of my review made a 9 detailed, verbatim list of each and every document and paper 10 contained in the City file. 11 11 . During the course of my review of the file, Valerie 12 Ross came into the Boardroom and introduced herself. Ms . Ross 13 gave me the original of a letter regarding our telephone 14 conversation earlier that morning and stated that she had FAXed a 15 copy of her letter to our Office. 16 12 . Since I had been unable to locate a copy of the January 17 1992 LeRoy Crandall & Associates Report entitled "Evaluation of 18 Liquefaction Potential Proposed Inland Center Mall Expansion, 19 etc. , " I asked Ms. Ross where I could locate a copy of that 20 Report. 21 13. In response Ms. Ross said she would research the matter , 22 and get back to me with an answer. She also said she believed 23 she had researched that matter before. 24 14. In addition to requesting a copy of the LeRoy Crandall 25 January 1992 Liquefaction Report, I asked Ms . Ross where I could 26 find a copy of the January 1992 Report on Foundation 27 Investigation Proposed Inland Center Mall Expansion, etc. Again 28 3. Q1 Ms . Ross said she would have to research that matter and get back 2 to me. 3 15 . Later during the course of my review of the file, while 4 still at the City on December 2, 1992, Ms . Ross came back to the 5 Boardroom. At that time she told me she had contacted Tom 6 Dodson, the Environmental Consultant, and that when she received 7 a reply from Mr. Dodson, she would advise me of that fact and 8 answer the questions regarding the two Reports dated January 9 1992. Further, Ms. Ross said if she received this information 10 after I left the City Hall on December 2, that she would call me 11 at our Office in Santa Ana Heights . 12 16 . I was never given nor shown copies of the two January 13 1992 Reports referred to in Mitigation Measure #6, page 8, 14 Exhibit "G" to the Development Agreement 91-01 while I was 15 reviewing the file at the Department of Planning and Building 16 Services in the City of San Bernardino on October 16 or December 17 2, 1992. 18 17 . At no time have I received a follow-up call from 19 Valerie Ross subsequent to our discussions at the City of San 20 Bernardino on December 2, 1992 . Nor have I received any kind of 21 written response to my questions regarding the existence or 22 nonexistence of the January 1992 Liquefaction or Foundation ' 23 Reports. 24 18. When I returned to our office on December 2, 1992, 25 pursuant to my instructions from my employer, I prepared a 26 detailed Memo regarding what transpired during my visit to the 27 Department of Planning and Building Services and a verbatim list 28 4 . 1 of each and every document contained in the City of San 2 Bernardino Planning and Building Services ' file on Development 3 Agreement 91-01 . Attached hereto and incorporated herein is a 4 copy of the three-page list which I prepared after returning from 5 reviewing the file in San Bernardino. 6 19 . I declare under penalty of perjury that the foregoing 7 is within my personal knowledge, is true and correct, and if 8 called as a witness, I could and would competently testify 9 thereto. 10 Executed this 6th day of January, 1993, at Santa Ana 11 Heights, California. 12 13 E Y RINGER 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 . 12/2/92 City Hall San Bernadino The following is a list of items found in the DA file 91 -01 : Notice of continuance Proof of Publication Ltr to Mayor and Council from Pres. Carousel Mall Official notice public hearing 10/19/92 Fax from Fox ' s office 10/28/92 to Mr. Reed y Ltr to Mayor 10/26/92 form June Durr Council Summary and Agenda 10/19/92 j Request for Council Action 10/1 /92 Staff Report Resolution Development Agreement between City of SB and Mano Mang. Co. INc. , Includes Exhibits: A Depiction of Parcels B Depiction of Parcels C Site Plan D Phasing Plan E Permitted Uses F Filing Requirements G Mitigation Monitoring Program H Existing and Proposed Signage and Landscaping I Public Improvments J-1 Caltrans Design Alt. #3 J-2 Developers Concept of Impact of I-215 freeway Design alt. K Certificate of completion Attachment D Initial Stuey and proposed Neg. Dec. , Inland Center Mall Expansion Development Agreement Environmental Impact checklist and Substantiation Traffic Impact Study Donald Frischer and Ass. Appendix #4 Barton Aschmann and Ass. Inc. Attachment #C Ltr. 4/14/92 From Frischer to City SB Public Works Attention Mr. Abarikwu Ass. Traffice Engineer Technical Appendix Addendum April 14 , 1992 Ltr 6/2/92 Dodson and Ass. to Paul Scoggs. Ca. Regional Water Quality Control Board 4/16/92 Responses to Ltr #1 Attention Scoggs. Transportation Flood/ Control Dept. 4/22/92 Responses to Ltr #2 Att. Scoggs 12/2/91 Scoggs comments 4/30/92 DOT Response Ltr. #3 Scoggs DOT 4/30/92 Concerns Neg. Dec. SCAQMD 4/22/92 comments on Neg. Dec. Mitigation Montor Report Aug. ' 92 Initial Study Proposed Neg. Dec. 3/23/92 Law Crandall Inc. Geotech, Evaluation of Liquefaction Potential 9/6/91 Ltr Frischer and Ass. 4/14/92 to Mr. Abarikwu Report Traffic Impact Study 10/21 /91 by Frischer and Ass. 1 i Drawings Altoon and Porter Architects 1991 Set of labels City SB Requirements Fire department Hearing 12/5/91 City SB Requirements Engineering, water quality, environmental, sewer 3/18/92 Exhibit J-2 blueprint Fuscoe Williams Lindgren and Short Civil Engineers bllueprints 10/29/91 Chase Investors Blueprints Dodson Ltr of Transmittal 7/20/92 Final Agenda 6/18/92 Meeting Date 4/30/92 Environmental and Dev. Review Committe meeting 3/19/92 Pg. 5 Final Agenda 12/5/91 Ltr. From City SB 6/10/92 to Richard Donavin General Growth Dev. Co. Ltr CSB to Cindy Greenwald SCAQMD 6/5/92 LTR CSB to Harvey Sawyer Chief Transportation 6/5/92 Ltr 6/2/92 To Scoggs From Dodson SCAQMD Responses to comment Ltr##4 Ltr To Scoggs From Governors office Planning and Research 4/23/92 CSB Environmental Doc. Transmittal Form Recd. 4/2/92 Ltr. Transmittal 5/27/92 Dodson to Amvar/Olona Ltr. From DOT 4/30/92 to Scoggs Responses to Comment Letter ##3 DOT Dis . 8 Calstrans. Ltr of Tansmittal to Scoggs From Dodson 5/28/92 Inter - Departmental Mimo From Al Boughey To Scoggs Table 4 Inland Center Expansion Traffic Impact Analysis Intersection Table 7 Intersection levels Ltr DOT 4/30/92 to Scoggs Ltr CSB 4/27/92 To Donavin Ltr SCAQMD 4/22/92 To Scoggs SCAQMD Staff Assesment Ltr CRWQCB To Scoggs 4/16/92 Ltr CSB 4/21 /92 To Donavin Ltr Trans Flood/ Control 4/22/92 To Scoggs Ltr Trans Flood/ Control 12/2/92 To Scoggs Business Card Brian Otter Environmental Health Specialist Agency Comment Sheet Interoffice Memo 2/17/92 To Grubbs from Wagdy Re: Traffic Mitigation Ltr DOT 12/18/91 To Scoggs Draft Record 12/13/91 Inland Center Mall Expansion Phase I & II Ltr DOT 12/2/91 to Scoggs Agency Comment Sheet RECD. 11 /18/91 SBd-I-215 Project Briefing Sanbag Conference Room 11 /12/91 Project Review Pouting 11 /14/91 " Evaluation checklist 11 /6/91 Inter office memo To Mayor From Hardgrave 9/26/91 RE: Extension of Orane Show Rd. or Central Avenue Handwritten Notes Ltr. Gresham, Varner, Savage Nolan and Tilden To Rachel Clark 10/29/92 Ltr CSB 10/21 /92 To Mano Mng. Ltr CSB 10/14/92 to Mano Mng. Cert. of Mailing 2 Statement of Official Planning Commision Action Meeting 9/22/92 Ltr GVSN&T to Valerie Ross 9/24/92 Ltr CSB To Donavin 8/21 /92 Proof of Publication 10/8/92 to of 12/21 /92 Cert. Of Mailing 8/25/92 Notice of Hearing 9/8/92 Ltr GVSN&T 9/21 /92 to Ross Ltr. " 9/18/92 To Ross Ltr. " 9/18/92 To Ross Ltr. 9/17/92 To Ross Ltr. " 7/24/92 To Scoggs Ltr. 7/9/92 To Scoggs Notice of Public Hearing 8/4/92 Ltr GVSN&T 6/17/92 To Scoggs Inland Center Mall Pro-Forma Analysis 4/14/92 Report by General Growth Ltr Jaquess and Ass. 4/8/92 To Scoggs Project Review Routing RECd 3/13/92 Ltr CSB 3/11 /92 To Donavin Interdepartment Memo To Hardgrave From Boughey RE: Revised DA as of1 /10/92 Interdepartment Memo To Scoggs From Empeno Re; Revised DA as of 1 /10/92 Ltr. GVSN&T 3/6/92 To Scoggs Preliminary Environmental Description Form 10/22/91 Letter of Authorization 10/24/91 Preliminary Peport From First American Title Insurance Co. 10/9/91 Drawings Rancho San Bernadino Receipts $325 to Planning Dept. form General Dev. and Jaques & Ass. Blueprints Fuscoe WL&S Draft Second Agreement Amendidng Dec. of Establishment of Restrictions & Covenants Affecting Land 10/8/65 CSB Memorandum 9/18/92 To Planning Commission From Boughey CSB Building Services Summary Agenda Item ##4 3 i w * : 0 V P 0% WPA ' - A Traffic Engineering, Inc. TRAFFIC & TRANSPORTATION ENGINEERING May 27, 1993 Ms. Marlene A. Fox Law Offices of Marlene A. Fox 2031 Orchard Drive, Suite 200 Santa Ana Heights, CA 92707 SUBJECT: INLAND CENTER MALL EXPANSION Dear Ms. Fox: We have reviewed the various documents provided by you relative to the subject project. This includes the City Staff Report, traffic studies, initial studies, comments from other agencies, responses, the Draft EIS for I-215 Widening, and similar information. The review was conducted to evaluate the need for an EIR in place of a Mitigated Negative Declaration. The "Inland Center Mall Development Agreement (1992), Initial Study, Environmental Impact Checklist Substantiation", Page 20, indicates that the project does not cause any adverse traffic impacts beyond those addressed in the General Plan Circulation Element and the General Plan EIR. This conclusion is questionable for several reasons. 1. The General Plan traffic analyses were based upon daily volume/capacity comparisons, in order to evaluate the adequacy of the circulation system. While this is an appropriate level of analysis for a General Plan, it is not for a specific project. Peak hour analyses are necessary for project evaluation. 680 Langsdorf Drive • Suite 222 • Fullerton, CA 92631 • (714) 871-2931 • FAX:(714) 871-0389 ^' _2_ 2. Policy 6.1.14 of the General Plan states that Level of Service ' C ' is to be provided. The Technical Background Report" for the General Plan states, on Page 3-14, that the City has established Level of Service "C" as an acceptable level of service, but that Level of Service "D" could be tolerated on some portions of the network for limited periods of time. The Draft EIR for the General Plan, on Page 4-81, states that the City has established Level of Service "D" as the criteria for maintaining an acceptable level of service and that Level of Service "E" can be tolerated on some portions of the network for limited periods of time. The "Traffic Impact Study, Inland Center Expansion", prepared by Donald Frischer & Associates, September 6, 1991, on Page 28, states that City Staff considers mitigation necessary where future traffic operations are worse than Level of Service "E". This is not consistent with the General Plan. The analyses indicate that in 1998, with traffic growth and Phase I of the project, one intersection operates at Level of Service "E" and two at Level of Service "It". These conditions deteriorate as further development occurs, as noted in the study. No mitigation is stated possible at one of the intersections (E Street/Mill Street/Inland Center Drive) and mitigation to Level of Service "E" is recommended at E Street/Orange Show Road. The Frischer Traffic Study indicates that the intersection of Inland Center Drive and the I-215 Southbound Ramps operates at Level of Service "D" or better for all conditions, except Condition 8 (Table 2, Page 14). Figures 3, 4, 5, 6, and 7 all incorrectly show no left turns from Inland Center Drive to the southbound on-ramp and right turns onto the off-ramp (wrong direction on a one-way street). Since the calculations for this intersection are not included in the study, there is no way to validate the conclusions in Table 2. -3- If any of the volumes for the westbound approach to the intersection, as indicated on Figure 7, are left turns, the existing single left turn would be inadequate. The widening of Inland Center Drive to accommodate multiple left turn lanes should be addressed in the study and is not. The CalTrans letter of April 30, 1992, also notes the Level of Service "F" condition. In response, the City states that the problem would exist without the project and that impacts are reduced with the project and street improvements. Level of Service "F" is Level of Service "F" and should be mitigated under any scenario. There are inconsistencies between the project size, as contained in the Staff Report, Traffic Study, and Initial Study. The differences could affect the traffic impact analyses. The following data are provided: Staff Report: Additional 776,465 SF, TOTAL 1,762,348 SF Traffic Study: Additional 645,301 SF, TOTAL 1,529,130 SF Initial Study: Additional 776,465 SF, TOTAL 1,660,294 SF If the areas in the Staff Report are correct, the daily trip generation would be 49,250 trip ends. This is 5,050 more than indicated in Table 3 of the Traffic Study and raises the net increase in daily trips to 10,600 trip ends. This difference should be clarified and the Traffic Study revised to reflect the increased trip generation. There are two major changes to the area circulation system that are being studied, but were not considered in the project analyses. These are the widening of I-215 and the extension of Central Avenue. Both or either could have significant impacts upon circulation in the vicinity of the project. It would be appropriate for these to be discussed in the traffic analyses. The "Draft Environmental Impact Study (EIS) for the Widening of I-215", on Page 1-9, identifies a major deficiency of the existing facility (I-215) in its inability to meet transportation demands. It further states that the deficiency is particularly true at ;�. -4- present, south of Inland Center Drive, where exiting traffic interferes with the normal freeway operations. Additionally, it states that as future traffic volumes grow, congestion will worsen and traffic will seek alternate routes through the local street system. These statements further indicate the need for a thorough evaluation of impacts related to the doubling of the Inland Center. If the freeway is not widened, what are the impacts of expanding the center? Can the local roads accommodate diverted freeway traffic and the center traffic? In summary, the proposed expansion of the Inland Center Mall would be equivalent to building a new regional mall, based upon an addition of 776,465 gross square feet. A project of this magnitude must be carefully evaluated and all future scenarios examined. Since the identified impacts do not conform to General Plan Policies and Criteria, the study should also address these issues. We trust that these comments will be of assistance to you. If you have any questions or require additional information, please contact us. Respectfully submitted, WPA TRAFFIC ENGINEERING, INC. Weston S. Pringle, P.E. Registered Professional Engineer State of California Numbers C16828 & TR565 WSP:ca #921480 w * : 40N �a P ft A Weston Pringle & Associates TRAFFIC & TRANSPORTATION ENGINEERING Weston Pringle and Associates is a consulting firm providing traffic and transportation engineering services. The firm has served both public and private clients in traffic and transportation planning, operations, safety, and design. A partial listing of assignments completed by the firm is contained in the attached information. I Our experience includes evaluation of traffic impacts of development; I A planning circulation systems for development and redevelopment; Circulation Elements of General Plans; traffic signal, striping, signing, lighting, and construction traffic control plans and specifications; accident analyses; parking studies; and similar assignments. Mr. Weston S. Pringle, P.E. is the Firm Principal. He has over 30 years of experience in traffic engineering and has been responsible for numerous projects. Mr. James J. Sommers is a Senior Engineer and has extensive experience in traffic operations and project management. Mr. Steven S. Sasaki is a Senior Engineer with a wide range of experience in transportation planning and project management. Mr. Todd A. Fagen is an Associate Engineer and has experience in transportation planning and land development. Resumes of their experience and background are enclosed for further information. 680 Langsdorf Drive • Suite 222 • Fullerton, CA 92631 • (714) 871-2931 • FAX:(714) 871-0389 *A 0 P d1b Weston Pringle & Associates A TRAFFIC & TRANSPORTATION ENGINEERING Weston StewaA Pflngk Rnn Pflndpa� Registered Professional Engineer State of California, Civil and Traffic Engineering Fellow Institute of Transportation Engineers and Member, American Society of Civil Engineets. Institute of Transportation EVneers AcWties: International Director, Presiden4 District 6, Presiden4 Southern California Section;Delegate, Program Detelopment Conference;Member, Special Publications Committee,Member, International Admissions and Transfers Committee;SeniorEditor, 'TechnicalNotes",-Member, Parking Facilities for Industrial Plants Committee;Member, Traffic Improvement Data collection Guidelines Committee, Member, Traffi-c Characteristics and Considerations for Tomorrow's Airports Committee;Member, Impact Analysis of Proposed New Development Committee;Member, Employment Center Parking Facilities Committee; and Member, Guidelines for Transportation Impact Assessment of Proposed New Development Committee. Mr. Pringle has been listed in "Who's Who in Engineering'and 'Who's Who in the West". Mr. Pringle has had a varied experience in both the planning and operational fields of traffic engineering. Some of the projects with which he has been involved include: .TRANSPORTA77ONPIAMV17VO-circulation and transportation elements of general plans for cities, freeway location & impacts studies, access, circulation and parking systems for industrial plants, airports, central business districts, colleges, shopping centers and other developments; traffic impacts analysis for environmental impact reports. 77Z4FFIC OPERA77OX5-TOPICS areawide plan studies for eleven cities; traffic signal and traffic signal system design; parking studies; street and parking lot lighting designs; school safety programs, access, circulation and parking studies for commercial, residential, and public developments. Mr Pringle has also provided traffic engineering services related to litigation for both the plaintiff and defense. This involvement has included both deposition and court testimony. EDUCATIONAL QUALIFICATIONS:California state Univeisity-Fresno,Bachelorof Science of Civil Engineering 1960; Certificate, Municipal Public Works Administration, Guest Lecturer in Transportation and Traffic Engineering, California State Polytechnic University, Pomona. From 1960, Mr. Pringle has been Civil Engineering Assislan4 City of West Covina;Assistant Traffic Engineer, Trafflic Engineer and Associate Civil Engineer, City ofDowney;Principal Engineer, WilburSmith andAssociates, Consulting Engineers, Los Angeles; Vice Presiden4 Lampman and Associates, Inc., Consulting Engineers, Pomona, Vice President, Crommelin-Pringle andAssociates, Inc., Placentia and ownerof 4eston Pringle andAssociates since 1976. REGISTRATION Registered Civil Engineer No. CE 16828 Registered Tra/fic Engineer No. TR 565 680 Langsdorf Drive 9 Suite 222 9 Fullerton, CA 92631 o (714) 871-2931 e FAX:(714) 871-0389 W + w P A Motu PV** a4d A68uiafa TRAFFIC & TRANSPORTATION ENGINEERING TRAFFIC AND TRANSPORTATION PLANNING STUDIES FLUOR SITE PLANNING STUDY - Irvine, California. Welton Beckett & Associates Analysis of access and parking requirements for Fluor Corporation Irvine site of 105 acres with an ultimate employment of 10,000. Assistance was provided in the layout and design of the parking facilities and internal road system. ORANGE COUNTY FAIR MASTER PLAN - Costa Mesa, California. Caudill, Rowlett & Scott; POD, Inc. ; Economic Research Associates Provided traffic and transportation engineering input to Feasibility Analysis and Master Plan for development of the fairgrounds. This included analysis of traffic factors of alternate uses, parking requirements and layout, and overall circulation system. UNIVERSITY TOWN CENTER TRANSPORTATION STUDY - Irvine, California. The Irvine Company Prepared analysis of transportation needs for the University Town Center Development which included the development - P 1 ment of a micro-area - p rea multimodal trans- portation model. Modes included in the analysis were walk, bicycle, auto, tram and transit. The analysis will serve as a basis for planning the overall development. VILLAGE OF WOODBRIDGE - Irvine, California. The Irvine Company A traffic study was conducted to determine the impacts and traffic requirements for this planned community of approximately 30,000 persons. Commercial as well as residential projects were included. This report served as the traffic impact portion of the EIR for this study. Follow-up studies were completed as develop- ment occurred. AERONUTRONIC-FORD TRAFFIC STUDY - Newport Beach, California. DAON Corporation A traffic analysis was completed to determine the potential for future development of approximately 100 acres of this site. The analysis included future growth of the existing on-site development and off-site developments. Follow-up studies were completed as required for approval of a development plan for the site. ANAHIEM HILLS - Anaheim, California. Willdan and Anaheim Hills, Inc. Prepared an analysis of the traffic requirements for the Anaheim Hills General Plan. The development includes over 4,000 acres of various land uses including residential, commercial and recreational. Problem areas were identified and mitigation measures recommended. AW- OXNARD SEWER EXTENSION - Oxnard, CAlif. Envista, Inc. Analyzed the traffic impact of the land development which could result from the availability of sewer facilities. Impacts upon traffic during construction were also included in the analysis. ORCUTT GRADE SEPARATION - San Luis Obispo, Calif. City of San Luip Obispo Analysis of alternate plans for a railroad grade separation including future traffic services needs. Prepared a draft EIR for the recommended project. VENTURA HARBOR MASTER PLAN - Ventura, Calif. Donald Cotton and Associates Traffic analyses were completed for the ground transportation requirements of the Ventura Harbor Master Plan. Potential traffic impacts were identified and mitigation measures recommended. The examination of specific development proposals was included in the study. GREENWOOD INTERCHANGE - Monterey Park, Calif. Envista, Inc. Traffic studies were completed to evaluate the need and potential impacts of construction of an interchange on the Pomona Freeway (Route 60) at Greenwood Ave- nue. The analysis considered future development in the area and the impacts without the interchange. This traffic analysis became a part of the EIR for the project. ORANGEFAIR MALL - Fullerton, Calif. Westec Services, Inc. Prepared traffic and parking analyses sections for the redevelopment of a regional shopping center. Study included analysis of traffic impacts of depressing a major street (Harbor Boulevard) and constructing a mall over the street. CORAL BAY - Huntington Beach, Calif. Westec Services, Inc. Traffic circulation, design, safety and parking characteristics were evaluated for a planned community residential development. This project was within the Coastal Zone and required presentation to the Coastal Commission. NEWPORT CENTER - Newport Beach, California. The Irvine Company Studies were conducted to analyze on a project-by-project basis the traffic impacts of commercial, hotel and residential development. A computer model was developed to determine individual and cumulative impacts upon critical intersections by 33 separate projects including a 1.2 million square foot regional shopping center. SAN DIEGO REGIONAL CENTERS - San Diego County, California. Project Design Consultants Traffic and parking analyses were completed for two County regional centers. These centers contained court and enforcement facilities as well as other County Departments. Recommendations were developed relative to access and parking requirements and the traffic impact of the projects quantified. PHILLIPS RANCH - Pomona, California. POD, Inc. Traffic analysis and development of design criteria for the Phillips Ranch Specific Plan. The project will contain approximately 4,000 dwelling units with a commercial center, schools and other facilities. As a part of the work, individual development plans were reviewed and recommendations rela- tive to their adequacy made to the City of Pomona. SANTA ANA COMMUNITY PLANS - Santa Ana, California. Archiplan Prepared traffic circulation analysis and recommended improvements for the development of community plans for three areas of the City of Santa Ana. Analysis included both major circulation elements and neighborhood improve- ments. A team approach including architects, landscape architects, planners, economists and others was utilized for the overall studies. RANCHO CARRILLO MASTER PLAN - Carlsbad, California. The Planning Center Analyzed circulation needs for an 846 acre Master Plan including both on-site and external traffic needs. The land uses included residential, commercial and industrial sites. A major part of the circulation planning was consi- deration of two major arterials that intersect within the site. VICTORIA COMMUNITY PLAN - Rancho Cucamonga, California. The William Lyon Co. Traffic studies and analyses were completed for the preparation of a plan for the development of 2,150 acres. The studies included analysis of internal circulation needs and potential traffic impacts upon adjacent roadways. A regional shopping center along with office and related uses are planned in addition to residential uses. The traffic analysis was utilized in the pre- paration of an EIR for the project. W + (:�b -r P -W WoW PVM& ad A56uiafa TRAFFIC & TRANSPORTATION ENGINEERING ENVIRONMENTAL IMPACT STUDIES TWENTIETH CENTURY FOX TRAFFIC IMPACT STUDY - Los Angeles, Calif. Ultra- systems, Inc. Analyzed impact of proposed residential and hotel/office development on current studio property. Major land use revisions were considered. The EIR was challenged in court and found to be adequate. VARIOUS TRAFFIC STUDIES - Irvine and Newport Beach, Calif. The Irvine Company We have analyzed the traffic impact of a variety of residential, commercial, and industrial as part of the development of the Irvine properties in Orange County. These studies were input to the Environmental Impact Reports prepared by others. MICHELSON DRIVE EXTENSION - Irvine, Calif. Environmental Feasibility Studies The traffic impact of the extension of Michelson Drive including the construc- tion of a bridge was analyzed. A detailed analysis of the potential impact on adjacent residential areas was included. Mitigating measures were thoroughly examined, including the no-project alternative. NELLIE-GAIL RANCH - Orange County, Calif. The Presley Company of So. Calif. The traffic impact portion of an EIR for the proposed development of a resi- dential community of 1400 acres. This study included both on-site roads needs and the impact upon the serving street system. GENERAL PLAN AMENDMENT 80-1 - Newport Beach, Calif. Larry Seeman Associates, Inc. A traffic impact analysis was completed which covered a General Plan Amendment for the expansion of Newport Center. The potential traffic impact upon 23 intersections was examined with consideration given to other committed projects and regional traffic growth. Various mitigation measures were examined including the construction of major arterial roads as bypass routes. PEDESTRIAN AND BICYCLE SAFETY _ Carson, California. City of Carson A Highway Safety Program study was conducted to develop a pedestrian and bicycle safety program. Each elementary school was evaluated and safe route to school maps prepared. Recommendations were made for a continued pedestrian and bicycle safety program. IRVINE INDUSTRIAL COMPLEX-WEST SIGNAL STUDY Evaluated future traffic signal needs for the ultimate development of a 4,000 acre industrial area. Future traffic projections were developed for planned land use and combined with existing development to synthesize future traffic conditions. Intersections were evaluated to determine signalization require- ments including phasing. Adow W C5b r P 14VW Wealm Tlk*fe ad A53viala TRAFFIC & TRANSPORTATION ENGINEERING ROUTE ALIGNMENT AND DESIGN STUDIES ALICIA PARKWAY ALIGNMENT STUDY - Orange County, California. This study examined the traffic factors related to the alignment of Alicia Parkway between Portola Parkway and Plano Trabuco Road. Alternative con- figurations for the Alicia Parkway and Portola Parkway intersection were examined utilizing projected vehicle turning movements. LOS MONOS ALIGNMENT STUDY - Carlsbad, California Traffic factors related to three alternative alignments of an arterial highway (Los Monos) were examined. The study included the evaluation of traffic impacts upon parallel and intersecting routes. Consideration was also given to impacts upon future development in the area serve by Los Monos. CORONA EXPRESSWAY TRAFFIC STUDY - Pomona, California Future traffic operational needs were examined to determine lane requirements and interchange/intersection needs. Recommendations were developed for planning the road to serve planned development as well as regional travel needs. Both interim and long range improvement needs were identified. GREENWOOD AVENUE INTERCHANGE - Monterey Park, California Potential impacts of converting an existing overcrossing to a full interchange of Greenwood Avenue with the Pomona Freeway (Route 60) were examined. The analysis included geometric and operational impacts upon the freeway. A weaving analysis was completed to evaluate freeway impacts of the interchange. W * ; cma A Weston Pringle & Associates TRAFFIC & TRANSPORTATION ENGINEERING UNIVERSITY AND COLLEGE STUDIES SADDLEBACK COLLEGE - Irvine, California Analyzed alternative campus locations with respect to traffic characteristics. After site selection, an analysis was made of the traffic impacts and parking requirements for the new campus. RANCHO SAN'T'IAGO COMMUNITY COLLEGE - Orange, California A traffic study was completed for the proposed Orange Canyon Campus of the Rancho Santiago Community College District. This study included on-site circulation, site access, and potential impacts upon adjacent roadways. The study was utilized as a part of the EIR for the project. WEST LOS ANGELES COLLEGE - Culver City, California A traffic analysis was completed to evaluate the ability of the serving street system to accommodate an expanded enrollment. Potential problem areas were identified and mitigation measures recommended. LOS ANGELES CITY COLLEGE - Los Angeles, California Examined traffic and parkin; impacts related to a planned expanded campus. Studies completed to satisfy City or Los Angeles traffic impact analysis procedures. 680 Langsdorf Drive • Suite 222 • Fullerton, CA 92631 • (714) 871-2931 • FAX:(714) 871-0389 W � � ,,a P 01;b Weston Pringle & Associates TRAFFIC & TRANSPORTATION ENGINEERING TRAFFIC SIGNAL DESIGN Weston Pringle and Associates provides an extensive background in traffic signal and signal systems design. The combined experience of Weston S. Pringle and James J. Sommers exceeds 50 years and 2,000 individual signal improvement projects. Intersection designs range from simple pre-timed to multi-phase full actuated operation. Many of the design projects required interconnect and a few required systems master central units. Presently, Weston Pringle and Associates is involved with projects in Orange, Los Angeles, Riverside, San Bernardino, San Diego, and Ventura Counties. We are providing contract design and plan checking services for the City of Anaheim and contract design services for the County of Orange, County of Riverside, and Port of Long Beach. The following is a brief list of recent clients: 1. City of Anaheim Prepared traffic signal designs for over 150 intersections, including many modifications. Contact: Mr. Steve Cyra (714) 254-5183. 2. City of Anaheim Prepared plans for traffic signal communications trunk line interconnect between the City's master and various major arterials. Contact: Mr. Steve Cyra (714) 254-5183. 680 Langsdorf Drive • Suite 222 • Fullerton, CA 92631 • (714) 871-2931 • FAX(714) 871-0389 3. City of Carlsbad Prepared several traffic signal improvement plans along El Camino Real and the airport and industrial areas. Contact: Mr. Bob Johnson (619) 438-1161. 4. County of Orange Prepared several traffic signal, striping, and interconnect designs in the southeast portion of Orange County for the Rancho Santa Margarita Company and the Mission Viejo Company. Contact: Mr. Ignacio Ochoa (714) 834-3484. 5. County of Los Angeles Prepared traffic signal improvement designs and system timing for Telegraph Road, involving over 40 intersections. Contact: Mr.John Hill (818) 458-5905. We presently employ Autocad Version 11 software to prepare plans. Our Assistant Engineers and their support staff are very capable and produce the highest quality plans. Preliminary designs are produced in draft format using pencil plotting techniques. Final plans are ink plottings on mylar for highest quality. Duplicate drawing files are furnished, on request, to the appropriate agency. Those concerned are encouraged to contact Weston Pringle and Associates and any of the references listed above. We would be pleased to answer questions regarding our design capabilities and to provide a sample plan, if desired. RECENT PROJECTS - REFERENCES 1. La Habra Hills, La Habra - Pacific Coast Homes, a division of Chevron Land & Development. References: Tom Moseley, Project Manager, (714) 960-4351. Lee Risner, City Manager, La Habra, (213) 905-9708. 2. Watson Corporate Center, Carson - Watson Land Company. References: Jerry Weeks, Vice President, (213) 775-3486. 3. McDonnell Centre, Huntington Beach - McDonnell Douglas Realty. References: Merle Pautsch, Client, (714) 833-2154. Bruce Gilmer, City Traffic Engineer, (714) 536-5525. 4. Anaheim Hills Festival, Anaheim - Anaheim Hills Festival (Taubman). References: Brad Geier, Development Director, (714) 282-6590. REFERENCES 1. Mr. Alfred Yalda Related Projects: Circulation Plan for Traffic Engineer Anaheim Hills, Traffic Signal Design, City of Anaheim and various traffic impact analyses. P.O. Box 3222 Anaheim, CA 92803 (714) 999-5183 2. Mr. Richard Edmonston Related Proiects: Traffic Impact Traffic Engineer Studies including analysis of future City of Newport Beach traffic needs and development of Newport Beach, CA 92663 circulation improvement (714) 644-3344 recommendations,traffic signal design. 3. Ms. Pat Temple Related Proiects: Traffic impact Environmental Coordinator analyses for EIRs. City of Newport Beach Newport Beach, CA 92663 (714) 644-3225 4. Mr. Allen Holden Related Projects: Traffic impact Deputy Director, Traffic Engineering Div. analyses and traffic signal design. City of San Diego 1222 First Street San Diego, CA 92101 (619) 236-7181 5. Mr. Art Rangel Related Proiects: Traffic impact Director of Community Development analyses and circulation element City of Downey preparation. 11111 Brookshire Avenue Downey, CA 90241-0607 (213) 869-7331 r^ Giroux & Associates Environmental Consultar May 28 , 1993 Law Offices of Marlene A. Fox A Professional Corporation 2031 Orchard Drive, Suite 200 Santa Ana Heights , CA 92707 Dear Marlene, We have reviewed the materials on the Inland Center Mall that you provided. Given that this project has major traffic impacts and associated potentially significant air quality impacts, we are very surprised that an EIR has not been required. The SCAQMD as a commenting agency has stated that the project will create significant air quality impacts. The project is one with a reasonable expectation of public controversy. It certainly seems to us that CEQA criteria for the preparation of an EIR have been met. There is insufficient information presented in the initial study for us to confirm that air quality impacts are not significant as stated in the initial study. The deficiencies in the information presented are as follows: 1 . The air quality and transportation discussion are based on standard ITE trip generation factors related to shopping center size. The development agreement is for a specified square footage of retail space. If the tenant mix at ICM changes in response to new market trends , the trip generation could be substantially different than assumed. With May Co. leaving ICM, with Sears retailing reportedly in financial difficulty, with Carter-Hawley-Hale emerging from Chapter 11 , the "majors" as we know them today may not survive. The whole traffic and impact analysis is based on "majors" utilizing 800 of the gross leasable area in the expansion. If the majors do not come, then other more successful high volume tenants will be sought. Trip generation for a discount store is about two times the regional shopping center rate. Given that the development agreement only covers footage and not trips, there is no guarantee that any of the traffic and subordinated air quality impact analysis is in any way accurate or adequately protects City of San Bernardino residents. 17744 Sky Park Circle, Suite 210, Inane, California 92714 - Phone(714)851-8609 - Fax(714)851-8612 -2- 2 . We find the statement in the response to AQMD comments regarding construction activity levels a little hard to believe in Response 4-3 which states: "Construction of . . . a new department store would require several months. . . " The construction duration is grossly understated as evidenced from construction duration at a number of other area malls such as Tyler Mall or Montclair Plaza. 3 . There is no cumulative analysis between emissions from construction of future phases and traffic serving already completed phases of the project. Emissions calculations from construction activities, from vehicular sources, from energy consumption are all segregated which trivializes their impact. 4 . No analysis of any microscale air quality "hot spots" has been performed. The traffic analysis proudly proclaims that only four of the eight major intersections will operate at Level of Service "F" , while only two of the eight will operate within the design goals of the Circulation Element of the general plan. Given that the worst future intersection involves the Northbound I-215 off-ramps with a 135 second aver_ aq_e delay (some shorter, some longer) , we foresee traffic backing up the ramp and stalling the freeway. The traffic analysis is based on an average weekday in a peak month. Impacts on a peak weekday could be worse. Stagnation induced by off-ramp queuing will affect not only shoppers , but all other non- project traffic on the freeway. The lack of any microscale analysis in an area of major congestion potential further invalidates the ability to conclude that the project will have not significant air quality impact. 5. The cumulative interaction of the proposed expansion with the existing mall is not analyzed because "CEQA is designed to address changes in the baseline physical environment that are caused by a proposed project. . . The existing mall is not closely related. . . CEQA Guidelines in Section 15355(b) state "The cumulative impact . . . results from the incremental impact of the project when added to other closely related Past, present and reasonably foreseeable probable future projects. " -3- If the existing mall is not a closely related past project to the expansion, we are not sure what constitutes a "closely related past project" . 6. Because the initial study is not held to EIR standards, it presents no air quality impact analysis of alternatives. It purports that construction of an additional three-quarters of a million square feet of retail space will be an air quality benefit to the South Coast Air Basin. In the absence of definitive information on the source of this conclusion or on growth/decline of other shopping facilities in the San Bernardino area, we are unable to accept this statement at face value, especially given the fact that the South Coast AQMD as a commenting agency disputes this contention. 7. There is no analysis of project interaction with I-215 improvement plans. Given that the most seriously impacted roadway intersection at project buildout involves the northbound I-215 ramp, it is premature to conclude that the project has no adverse air quality impacts given that future roadway configurations are not known at present. The project's relationship to I-215 improvements is a particularly critical concern in light of the findings in the I-215 Improvement DEIR. The DEIR shows the Inland Center Dr./I-215 Ramps to operate at LOS F for all improvement alternatives except Alternative 3 . Even under this most intrusive build alternative, this ramp will still be the worst ramp on the freeway in terms of congestion on an average weekday. During high sales volume periods, the back-up may extend far into freeway travel volumes. The I-215 Improvement impact analysis is based on traffic distributed all along the "Regional Opportunities Corridor" . Concentration of traffic by focusing the proposed level of growth at one location may invalidate the assumptions of the I-215 Study. This potentially significant impact should be evaluated in an EIR. 8. The air quality analysis ignores the recently revised/adopted AQMD CEQA Handbook which modified existing thresholds of significance. If an EIR is required for this project, the EIR will be required to conform to the new significance standards, not those used in the current documentation. -4- 9. The proposed development agreement specifically requires that ICM will be exempt from all future participation in the congestion management program (CMP) . As an anticipated trip generator of 44 , 200 trips per day, exemption of the facility from CMP seems contrary to air quality improvement objectives in the regional air quality management plan (AQMP) . We believe that if we, as air quality/environmental analysts with many years of experience, find the initial study deficient in data by which to confirm the contention that impacts are at less than significant levels, then City staff and the City Council likely will be even more handicapped in this regard. We believe that an EIR must be prepared to overcome these deficiencies and resolve existing points of controversy. Sincerely, Hans D. Giroux Senior Scientist Giroux & Associates HDG:ai I E �.. Giroux & Associates Environmental Consultants r , .f di STATEMENT OF QUALIFICATIONS GIROUX & ASSOCIATES fw ATMOSPHERIC ENVIRONMENT CONSULTANTS 17744 Sly Perk CJrcle, Sure 210, Iruae, Celi/ornia 92714 - PZune(714)851-8,609 - Feu (714)8514612 i- Giroux & Associates Environmental Consultants STATEMENT OF QUALIFICATIONS . J I J7744 Sky Park QrrJc,Suite 210, kiioe, CALforn,a 92714 - Pbo4e (714)8S1-8oW - Fa-r (714),014612 TABLE OF CONTENTS I. General Company Qualifications j II. Detailed Project Listings A. Air Quality Impact Analyses 1. Land Use Planning 2. Conunercial Development i 3. Industrial Project, 4. Institutional E1Rs 5. Recreational Facilities 6. Residential Developments B. Meteorology/Windflow 1. Meteorological Monitoring Activities 2. Windflow Studies 3. Complex Terrain 4. Atmospheric Dispersion and Tracer Studies 5. Geothermal Development C. Infrastructure Projects " 1. Roadway Impact 2. Landfills 3. Wastewater and Odor 4. Airports D. Acoustical Impact Studies (Noise) E. Airborne Toxics ,I III. Personnel Resumes and References i IV. Current Fee Schedule i GENERAL COMPANY QUALIFICATIONS i 1 l q ---- Giroux & Associates , r Environmental Consultants r CORPORATE QUALIFICATIONS Giroux & Associates (G&A) has been providing aerometric assessment services (air quality, acoustics, meteorology, airborne hazards/toxies and airborne nuisance such as dust and odors) for almost twenty (20) years. Within the last two decades, the firm has participated it in over 500 environmental investigations. Specialized services include ambient pollution and noise monitoring, computerized air pollution and noise dispersion modeling,emissions source testing, inert tracer gas Geld studies, APCD/AQMD permit preparation and processing, expert witness testimony and regula{pry agency liaison. General environmental program areas and specific types of experience include the following: LAND USE PLANNING - Prepare air quality and noise sections for EAs, EIRs, NDs; develop impact mitigation and compliance monitoring plans; provide consistency analyses with regional air quality plans and applicable General Plan Noise Elements. i ROADWAYS &AIRPORTS - Perform air quality monitoring and modeling from line and area sources; evaluate transportation and air quality planning consistency; perform noise l monitoring and impact modeling; evaluate noise abatement criteria and develop noise reduction plans through barriers or structural insulation requirements. 9 ESSENTIAL SERVICES - Analyze air quality and acoustic impacts from wastewater treatment plant and landfill operations; perform odor impact studies and certification of odor removal efficiencies in packed column scrubbers in wastewater treatment processes; perform risk screening analyses for treatment plants and landfills and for siting schools and i hospitals in possible air toxic environments. INDUSTRIAL PROJECTS - Perform computer dispersion estimates from industrial fuel combustion sources; prepare Prevention of Significant Deterioration (PSD) applications; prepare APCD/AQMD applications for Authority to Construct; perform noise standard compliance monitoring and modeling; assist in design of acoustical insulation and barriers ' for industrial sources such as rock plants, concrete block plants, liquid blending operations, steam ejectors from cooking evaporators; operate air quality monitoring stations near industrial sources such as mines and nulls to determine mitigation effectiveness. i RECREATION PROJECTS - Prepare analyses and impact mitigation plans for nuisance sources such as equestrian activity dust and odor; noise control from competitive activities such as racing, golf tournaments, tennis stadiums; prepare indirect source analyses for major tourist attractions; identify and mitigate air and noise impacts in pristine environments. 17744 Sty Pxrl- Circle, Suite 210, lr�Tae, Caldomia 92714 - Pboae(714)651-8609 - Fur 0141 S514612 I� l i DETAILED PROJECT LISTINGS f E AIR QUALITY IMPACT ANALYSES 74 LAND USE PLANNING STUDIES - prepared air quality impact analyses for multi- ) land use developments, related land use elements to air j qualit y management ment planning,analyzed GPA impacts, wrote EIRs, perform ed data acquisition. Oxnard AFB Conversion, Camarillo, CA • Santa Maria/Orcutt Master Plan EIR, Santa Barbara County, CA ti • South Orange County Local Coastal Plan (LCP), Newport Beach, CA Bay Boulevard Redevelopment Plan EIR, San Diego County, CA • Lake Arrowhead Village Redevelopment, San Bernardino County, CA • Peters Canyon Development Study, Orange County, CA • Carroll Canyon Development Study, San Diego County, CA Irvine Industrial Complex • East (IIC-E), Phase II, Irvine, CA • Weir Canyon Development Study, Orange County, CA North Ford Project, Newport Beach, CA Indian Wells Development Study, Riverside County, CA Oceanside Plaza Renewal Study, Oceanside, CA • Janal Ranch (Eastlake) Master Plan, San Diego County, CA J IMED Research Park, 'Vista, CA • Cooley Ranch Development Study, San Bernardino County, CA California City Phase II Development, Kenn County, CA 1 • River Park Industrial Park Development, Lompoc, CA • Rancho Carmel Development Plan, San Diego County, CA • Tejon Ranch Long-Range Development Master Plan. Kern County, CA Lancaster Signal Landmark Properties EIR, Los Angeles County, CA • Mojave B Range Removal Study, China Lake, CA Colorado River Recreational Development Plan, AZ, NV, and CA • Rancho del Oro, Oceanside, CA • City of Newport Beach General Plan Update Air Studies, Newport Beach, CA I � The Irving Company Office Complex, Irvine, CA i LAND USE PLANNING STUDIES - Page 2 Edna/Islay Neighborhood Development Plan, San Luis Obispo, CA i Brittany Village Multi-Use Development Plan, La Jolla, CA San Jacinto Recreational and Residential Complex, San Jacinto, CA i South Orange County LCP Update, Orange County, CA Eastlake Development Plan RAQS Consistency Analysis, Chula Vista, CA Rancho Carillo Business Park, Carlsbad, CA North City West Litigation Fkpert Witness, San Diego vs. Del Mar, CA I I Irvine Coast LCP Revisions, Orange County, CA Village 12 Preliminary Study, Irvine, CA Buena Vista Business Park, Vista, CA Ventura County AQMP Analysis for the BIA, Ventura County, CA Irvine Industrial Complex - East (IIC-E), Phase III, Irvine, Ca Bear Valley Road Area Development Plan, Vietorville, CA San Marcos Industrial Park, San Marcos, CA City of Irvine AQMP Compliance Analysis, Irvine, CA Half Moon Bay Climatic Constraints Study, Half Moon Bay, CA Chino Hills Master Plan EIR Update, Cluno, CA Wiltern Theater Complex Redevelopment, Los Angeles, CA Bommer Canyon Development, Irvine, CA Tri-City Redevelopment Study, San Bernardino County, CA Santa Fe Properties Redevelopment Plan, San Diego, CA i lCastaways Project, Newport Beach, CA El Dorado Hills Development Plan, Placer County, CA City of Irvine GPA18 Impact Analysis, Irvine, CA Cordelia Redevelopment Plan (Waterman Ranch), Cordelia, CA Woodlake Project, Corona/Chino/Norco, CA t� LAND USE PLANNING STUDIES - Page 3 Talega Valley, San Clemente, CA • Vincent/Glendora Redevelopment Plan, West Covina, CA California Oaks, San Jacinto, CA 'i Crow-Michelson Development, Irvine, CA Hunte Properties (Northside) - Mission Valley - San Diego, CA Napa Airport Area Master Development Plan, Napa County, CA . Barranca/Garvey Redevelopmerj Plan, West Covina, CA ! Bressi Ranch Development, Carlsbad, CA Navy Field Convention Center Site, San Diego, CA Seaside Shores Complex, Seaside, Ca . 4-S Ranch Development, Rancho Bernardo, CA Forster Ranch, San Clemente, CA Airport North Business Park EIR, Camarillo, CA • Oakley Area Master Development Plan EIR, Contra Costa County, CA Ojai Valley Master Environmental Assessment Update, Ojai, CA Chancellor Park Development Plan EIR, La Jolla, CA T Paramount Place Master Plan EIR, Paramount, CA City of Maywood Redevelopment Plan EIR, Maywood, CA Berkeley Waterfront Development EIR, Berkeley, CA Serramonte Park Plaza Development, Daly City, CA Stoneerest Master Plan EIR, San Diego, CA a Tujunga Valley Business Park EIR, Sunland, CA • Cannery Village Specific Plan EIR, Newport Beach, CA Irvine Village 34 Development Plan, Irvine, CA j Jungleland Property Development Plan EIR, Thousand Oaks CA .f . Rancho Calleguas Master Plan EIR, Camarillo, CA .Ii LAND USE PLANNING STUDIES - Page 4 Northgate Station Specific Plan EIR, Sacramento, CA Culver City Redevelopment Area No. 1 EIR, Culver City, CA Woodbridge Mixed-Use Air Quality Impact Study, Irvine, CA Sunset Redevelopment Plan EIR, Salinas, CA La Cuesta Fontana Specific Plan EIR, Fontana, CA "Heart'of San Marcos" Community Plan EIR, San Marcos, CA Centre City Redevelopment Plan MEIR Update, San Diego, CA Bethel Island Master Plan Air Quality Setting, Contra Costa Co., CA Lee Lake/Temescal Valley Infrastructure Dev. EIR, Riverside Co., CA Tierra Alta Community Plan EIR, West Covina, CA Clearwater EIR/Odor Constraint Study, Paramount, CA Carroll Center II EIR, San Diego, CA t 1 111 Capitol Mall Project EIR, Sacramento, CA San Juan Hills Development Plan EIR, Belmont, CA V Otay Rio Business Park EIR, Chula Vista, CA Santa Cruz Redevelopment Plan EIR, Santa Cruz CA Mori Point Conference Center Project, Pacifica, CA Santa Monica City Zoning Ordinance ce Air Quality EIR, Santa Monica, CA i Santa Fe Railway Right-of-Way Development EIR, Hermosa Beach, CA Haven/Ontario GPA 86-2, Ontario, CA Greenleaf Avenue Redevelopment Project EIR, Whittier, CA l Sacramento Convention Center Area Development Plan EIR, Sacramento, CA Town Center II Redevelopment Plan EIR, Chula Vista, CA Pitts Ranch Development Study, Camarillo, CA .a 4-S Ranch Specific Plan Update, Rancho Bernardo, CA 1 IDM Development Microscale Air Quality Impact Analysis, Orange, CA LAND USE PLANNING STUDIES - Page 5 Irvine Coast LCP Update Air Quality Impact Analysis, Newport Beach, CA i Bakersfield 2010 Plan General Plan Update EIR, Bakersfield, CA Los Alamitos General Plan Update Traffic Impact Study, Los Alamitos, CA City of Los Angeles Sewer Permit Allocation - Growth Management Plan City of Placentia Redevelopment Plan EIR, Placentia, CA Sierra Corridor Redevelopment Plan EIR, Fontana, CA 1 h City of Highland General Plan Development EI � p R + South Berkeley Community Plan EIR Air Quality Element Development Program, Stanton, CA i Culver City Redevelopment Area No.l Plan Update EIR, Culver City, CA Mid-Bayfront LCP Revision/Update EIR, Chula Vista, CA i}} f i ,s ti i 1 , COMMERCIAL DEVELOPMENTS - prepared stationary and mobile source impact .i analyses, modeled roadway pollutant dispersion patterns, calculated local line and area source impacts, wrote EIRs. Irvine Center (Golden Triangle) Development, Irvine, CA 1� Wilshire Blvd. High-Rise Office Complex, Santa Monica, CA Prudential Office Tower, Newport Beach, CA San Luis Mall, San Luis Obispo, CA Rio Vista Office Complex, Sau Diego, CA Higuera Commercial Park Master Palm EIR, San Luis Obispo, CA Home Improvement Center Preliminary Study, Irvine, CA . Monrovia Mall Redevelopment Project, Monrovia, CA North Ford Development, Newport Beach, CA Harbor Gateway Project, Costa Mesa, CA i Irvine Center Phase II Preliminary Study, Irvine, CA Irvine Company Office Complex, Newport Beach, CA Koll Center, Newport Beach, CA Carlsbad Pacific Industrial Park, Carlsbad, CA ' ► Holiday Inn Expansion, Costa Mesa, CA Main/Jamboree (Hilton Hotel) Complex, Irvine, CA i Center City Development Plan, San Diego, CA Newport Dunes Expansion, Newport Brach, CA Continental Center, City of Orange, CA Koll Center - Irvine - Development, Irvine, CA J Newport Center Expansion (GPA 81-3), Newport Beach, CA . California "6" Motel Focused EIR, Carlsbad, CA Newport Center Expansion Plan Revision, Newport Beach, CA Foodbasket Shopping Center, Vista, CA K-Mari Center, Goleta, CA M COMMERCIAL DEVELOPMENTS - Page 2 South Pocket Office Park, Sacramento, CA Woodbridge Restaurant Cooking Odor Imp. Analysis, Irvine, CA Southwest Office Park/Greenhaven, Sacramento, CA Twin Oaks Quarry Expansion EIR, San Marcos, CA Marriott Hotel Development, Irvine, CA Wrather Corporation Hotel, Anaheim, CA i Price Club Store, Chula Vista, LA Ramada Inn, San Diego, CA International Hotel, San Diego, CA 1234 Wilshire High-Rise, Los Angeles, CA Crow-Michelson Development, Irvine, CA Sheraton Hotel Expansion, Newport Beach, CA Vincent/Glendora Commercial Redevelopment, West Covina, CA Marriott Hotel Development, Irvine, CA Ethyl Site Office Building, Los Angeles, CA 15 Motel/Mini-Storage Project, San Diego, CA South Coast Plaza Expansion, Costa Mesa, CA Montclair Plaza Expansion, Montclair, CA K-Mart Plaza, Woodland, CA 4 Seasons Hotel EIR, Newport Beach, CA DVM Office Building, Costa Mesa, CA Tujunga Valley Business Park, Sunland, CA Brea Mall Expansion, Brea, CA Atlas Hotels Complex, San Diego, CA East Irvine Historical Site, Irvine, CA Marina Place Office Park EIR, Culver City, CA i 14 COMMERCIAL DEVELOPMENTS - Page 3 One Pacific Plaza Development, Fremont, CA Beverly Hills Mercedes Benz Dealership Expansion, B.H., CA West Covina Fashion Plaza EIR , West Covina, CA Brea Mall Expansion EIR Revisions, Brea, CA Beverly Hilton Hotel Expansion EIR, Beverly Hills, CA ' Y Del Mar Plaza EIR, Del Mar, CA i Atlas Hotels Master Plan Update, San Diego, CA Antelope Valley Mall EIR, Palmdale, CA Snow Summit Snowmaking Equip. Imp. Study, Running Springs,CA ` Del Mar Fairgrounds Master Plan Update EIR, Del Mar, CA Del Mar Grand Prix EIR, Del Mar, CA Xerox Center Phase V EIR, El Segundo, CA Woodbridge Mixed-Use Project EIR, Irvine, CA The Gallery Mixed-Use Project EIR, San Clemente, CA { Palmdale Promenade Commercial Development EIR, Palmdale, CA 20th & S Shopping Center Project EIR, Palmdale, CA Monument Plaza Visitor Comm. & Retail Project, 29 Palms, CA V' Pickwick Center Commercial Redevelopment EIR, Burbank, CA Gateway Center Office and Retail Project EIR, Glendale, CA 1 i Vrr!tt,' t 1 INDUSTRIAL PROJECTS -performed on-site data acquisition, prepared emissions off- set (trade-oft) and PSD increment analyses, prepared permit support data, including dispersion modeling, wrote advisory regulatory documents, feasibility studies, and EIRs/EISs. Representative project experience includes: SOHIO Project Vapor Recovery Feasibility Study, Port of Long Beach, CA i Pier D Bulkloader Modernization Study, Port of Long Beach, CA ECO Petroleum Oil Re-refining Permit Analysis, Signal Hill, CA �pyard Rohr Marine Surface Effects Sl ' p ;# Ex ansion EIR, Chula Vista, CA Holly Sugar Bulkloader Impact Study, Vancouver, B.C. Canada Brown Field Jet Engine Test Stand Expansion Study, San Diego County, CA Union Oil Pt. Conception Drilling EIS, Santa Barbara County, CA t Redwood City Cement Clinker Project EIR, Port of Redwood City, CA DOE Power Plant Siting, PSD and Off-Set Study, 10 California Sites Pataya Natural Gas Storage and Compressor Station, Red Lake, AZ Mentmore Coal Preparation Plant Air Permit Calculations, Gallup, NM P-0295 No.4 (Champlin) Well EIS, San Pedro Channel, CA Border Highlands Gravel Extraction Site Impact Study, San Diego, CA Marukan Vinegar Plant Odor Dispersion Study, Irvine, CA R.R. Donnelly Printing Plant EIR, Oxnard, CA { Silicon Systems Inc. Custom Chip Manufacturing Facility, Tustin, CA ` Rail/Barge Coal Transfer Station Dust Impact Study, Panama City, FL y Cotton Gin Trash Energy Recovery Impact Analysis, Tonopah, AZ U.S. Gypsum Board Manufacturing Plant, Port of Sacramento, CA South Coast Asphalt Products Dust Impact Study, San Marcos, CA Frito-Lay Bakery and Snack Foods Plant EIR, Buttonwillow, CA Sacramento River Channel Widening EIS, U S A C E, Sacramento, CA Hester Granite Ready Mix/Asphalt Hot Plant Impact, El Cajon, CA Mesquite Goldfields Authority to Construct, Glamis, CA d 1 1 INDUSTRIAL PROJECTS - Page 2 Fourth St. Rockcrushers Ready Mix Plant, San Bernardino County, CA Day Creek Sand & Gravel Project, Rancho Cucamonga, CA Matlack Trucking Company Conditional Use Permit, Carson, CA Pala Mesa Hardrock Mine EIR, Fallbrook, CA GATX Terminal Expansion EIR, Carson, CA Beaumont Concrete Quarry Expansion EIR, Cabazon, CA 7-Up Bottling Company Gasoline Spill Site Remediation, Vernon, CA II C S U Campus Sand & Gravel Plant Impact, San Marcos, CA i Arrow Paint Company Relocation, Cudahy, CA City Concrete AQMD Variance Processing, Walnut, CA Tujunga Wash Rock Extraction/Processing EIR, Sunland, CA U.S. Army Corps of Engineers Desilting Project, Duarte/Irwindale, CA 1 ! OSCO Hazardous Waste Transfer & Storage Station EIR, Azusa, CA Dawson Canyon Sand Plant Use Permit/EIR, Temescal Valley, CA Old Webster Quarry Project (Tri-City Aggregate) EIR, Redlands, CA Hogg Brothers Manure/Sludge Co-Composting Project EIR, Adelanto, CA c Silver State Aggregate Quarry Develop. Constraint Study, Las Vegas, NV WyCal Natural Gas Pipeline Project EIR/EIS, Wyonvng-California s Padre Transit Mix Quarry Expansion EIR, Poway, CA 1 Route 67 Concrete/Asphalt Recycling Plant EIR, Lakeside, CA Asbestos/Serpentine Rock Processing (AB2588), SoCal Rock Proe. Assn. Tunnel Drilling Asbestos Air Emissions Risk Screening, San Francisco, CA i i 1 �•t INSTITUTIONAL EIRs AND STUDIES sensitive receptor sites, wrote EIRs - Performed pollutant impact analyses near , performed ventilation studies. Saddleback College Chem. Bldg. Fume Hood Stud y, Mission Viejo, CA Saddleback Valley Comm. Church Worship Center School, El Toro, CA �I Mercy Hospital Expansion EIR, San Diego, CA University Hospital Labs and Cancer Center Expansion, San Diego,1 g CA Hoag Hospital Expansion Master Plan EIR, Newport Beach, CA jy. Rancho Santiago District Orange Canyon Campus Development, Orange, CA } Irvine Medical Center Complex Extended Initial Study,y, ne, CA UCLA Long Range Development Plan EIR, West Los Angeles, CA UCLA Lot 32 Parking Structure Impact• P Analysis, West Los Angeles, CA 1 Federal Center (Office, VA Clinic, Jail) Expansion EIR, Los Angeles, CA UCLA Hospital & Clinics Expansion (Lot 1), West Los Angeles, CA Santa Ana Firefighting Training Facility & City Yard EI ;4� Y R, Santa Ana, CA Hollywood Presbyterian Hospital Helipad Siting, Los Angeles, CA a John Muir Hospital Modernization EIR, Walnut Creak, CA Hoag Hospital Cancer Center Development EIR, Newport Beach, CA New High School Campus Development EIR, El Centro, CA . Placer County Government Center EIR Tahoe!„ City, CA Civic Center Modernization/Redevelopment EIR, City of Brisbane, CA UCLA NW Campus/Master Plan EIR • , Los Angeles, CA Stanislaus County Jail/Sheriffs Station Siting Stud /EIR� Si Y , Modesto, CA San Bernardino County Detention Facility EIR, Fontana/Cucamonga, CA Kaiser Med Center Expansion EIR Air & Noise Impact Analyses, Fontana, CA AME Medical Center Project EIR, Palmdale, CA • High Desert Hospital Relocation Air & Noise Studies, Lancaster, CA • San Bernardino County Med. Center Relocation EIR (3 sites), CA RECREATIONAL FACILITIES - performed air Pollutant an from facility use and recreational user exposure to unhealthful pollution, wrote reports and EIRs, performed on-site noise and dust data acquisition. Mineral King Ski Development (Walt Disney Project), Porterville, CA Aero World Theme Park Development, San Diego, CA t 1 Palm Springs Equestrian Center Odor Impact Study, Palm Springs, CA • Universal Studios Tour Facilities Ex � pansion, Universal City, CA • Sierra National Forest Recreational User Impact, Shaver Lake, CA Macario Park Development, Carlsbad, CA i Del Mar Fairgrounds/Racetrack Expansion, Del Mar, CA Balboa Fun Zone Demolition, Newport Beach, CA Bonelli Park/Puddingstone Reservoir (Raging Waters), San Dimas, CA 4 Juniper Ridge (Chair 15) Ski Development, Mammoth Lakes, CA ! Dodge Ridge Ski Area Expansion, Pinecrest, CA Oak Tree West Golf Course Developments La Quinta, CA Sycamore Canyon Cycle Park Dust Study, San Diego County, CA Ojai Valley Inn Expansion EIR, Ojai, CA r Holtville RV Park Feedlot Odor Constraint Study, Holtville, CA Aquanga RV Park EIR, Aquanga, CA • Spanish Bay Golf Course Sand Stabilization Study, Pebble Beach, CA Riverside Raceway Relocation Study, Prado & Glen Helen Parks, CA Sherwin Bowl Ski Area Development Initial Study, Mammoth Lakes, CA Ram's Hill Golf Course & Residential Dev., Borrego, Springs, CA • Del Mar Grand Prix EIR, Del Mar Fairgrounds, CA Snow Sununit Snowmaking Equipment Impact pact Study, Running Springs, CA T.V.I. Golf Course Development Impact Study, Sunland„ CA • Old Ranch Road Destination Golf Resort Air Quality Study, Poway, CA Ball Ranch Golf Course Development Air Study, Fresno, CA • Whitney Canyon Off Road Vehicle Park Impact Study, Canyon Country, CA . P r RESIDENTIAL DEVELOPMENTS -calculated mobile and stationa ry source impacts, , modeled mobile source dispersion patterns on surrounding land uses, evaluated potential land use conflicts between proposed residential nuisance, wrote EIRs. l ORANGE COUNTY: Ahmad Ranch Top-of-the-World San Miguel Triangle Village 10 Woodbridge Southeast Quadrant 1 Orangetree Park ro Bear Brand Ranch Baywood Townhomes Kellogg Terrace Laguna Beach TT 10541 Crescent/Ponderosa Site Mola Property Townhomes Northwood Phases II and III Santa Ana River Mobile Homes Pine Creek Apartments Shorb Wells Mobile Home Park Enclave 7, Turtle Rock PCH Frontage Parcel Cameo Shores River bend Park Cameo del Mar SAN DIEGO COUNTY: Mission Gorge North City West Tierrasanta Brittany Village High County East Robertson Ranch Carlton Estates Pendelton Marine Base Housing i Fuerte Knolls Palo Verde Ranch Lyon's Mira Mesa Eastridge East Valley Annexation Bonita Meadows Mobile Homes Navy Replacement Housing roll RESIDENTIAL DEVELOPMENTS - Page 2 LOS ANGELES COUNTY* 1 Morrison Ranch Hacienda Heights Canyon Country Mountain Meadows Gilbert Lindsay Village Green $ Villa Roma Seniors Housing a � 1 OTHER CALIFORNIA: Rancho Matilija, Ojai Oreutt Street, Santa Maria Hitchcock Ranch, Santa Barbara Edna/Islay, San Luis Obispo Starlight Homes, Palm Springs Seven Palms, Desert Palms Oreutt Heights, San Luis Obispo Covington, Calimesa Marborough, Sunnymead Deutsch Properties, Banning Milliken-Highland, Cucamonga Tierra Rajada, Simi Valley West End Master Plan, Fontana ;y GPA 84-03-A, Rancho Cucamonga M Franciscan Ojai Seniors j Madera Village, Simi Valley Prairie Pacific, Santa Paula 7 i j fi i DETAILED PROJECT LISTINGS METEOROLOGY/WINDFLOW F., I ire 1 I METEOROLOGICAL/AIR QUALITY MONITOR and performed aerometric data acquisition tasks, installed equipment e - Managed J performed quality assurance and calibration procedures q P t, reduced data, summaries, developed monitoring plans and protocols, supervised ed monitoring technicians. ns. • San Joaquin Nuclear Project Meteorological Data Acquisition, Wasco CA • might's Valley (Republic Geothermal) Data Acquisition, Sonoma Count • NCPA/RFL Meteorological Program and Dispersion Testin L Y, CA • Ormond Beach Tracer Studies Data Su g' ake County, CA Support, Oxnard, CA Michelson Wastewater Treatment Plant Baseline Data Program, Irvine, CA Conroek Fugitive Dust Impact Study, San Diego, CA • Off-Road Vehicle (ORV) Dust Generation Study for BLM, 5 Desert Sites C • Central Valley Pollution Dynamics Study, San Joaquin Valley, CA A • Sierra Upslope Transport Study, Sequoia National Forest, CA • Geothermal Demonstration Plant Aerometric Program, North Brawle , CA • OII Landfill Odor and Hydrocarbon Transport Study, Monterey Park,, CA • Anaheim Transit Center CO Baseline Measurements, Anaheim, CA • Pataya (Red Lake) Gas Storage Pre-PSD Monitoring Program, Kingman, • Baca Geothermal Monitoring and Tracer Protocols, Valle Calder AZ . a, NM . Villa Balboa Parking Structure CO Measurements, Newport Beach CA Owens Lake Dust Stabilization Study - Phase I, Owens Valle y, CA' Orange County Civil f N, Aviation Siting and Wind Study, Ora nge County, Ca • Gilbert Lindsay Village Green CO Baseline Monitoring, Los Angeles, CA a ' Mola Toxic Landfill Removal Wind Monitoring Support, Huntington Beach, CA Lincoln/Beach Landfill Wind Monilorin � g, Anaheim, CA Pine Mtn. Baseline Meteorology Study, Mendocino and Sonoma Counties CA � Owens Lake Solar Pond Feasibility Stud Y y Instrumentation, Owens Valley, CA i�. Malibu Mesa Treatment Plant Wind and Odor Study, Malibu, CA PCH Widening Baseline CO M y!� onitoring, Newport Beach, CA s. l�, METEOROLOGICAL/AIR QUALITY - Page 2 ;-� Ocean Dune Stabilization Study, Pebble Beach, CA Tejon Ranch Lodge Siting Microscale Weather Monitoring, Lebec, CA Koch Carbon Petroleum Coke Dust Dispersion Study, Carson, CA Gardena Valley 182 Landfill Testing Meteorological Support, Carson, CA Coil Compact Landfill Testing Meteorological Support, Carson, CA Moreland Property Hydrogen Sulfide Dispersion Study, Goleta, CA Goldfields, Mesquite TSP and PM-10 Dust Monitoring Program, Glamis, CA Monterey County Wind Energy Feasibility Study, King City, CA North San Diego County Landfill Siting Study 3 Sites North Orange County Landfill Alternative Technology Study - 4 Sites Orange County Landfill Pre-SWAT Air Monitoring - 4 Sites Power Plant and Refuse Incinerator Emissions Test, Kwajalein Atoll Raiders Stadium Relocation Wind Study, Irwindale, CA McVieker Canyon Dust Transport Study, Lake Elsinore, CA Martin Container/Harbor Landfill Wind Monitoring, Wilmington, CA Monarch Butterfly Microclimatic Habitat Study, Laguna Beach, CA 6 a I, V I. �i WINDFLOW STUDIES - Performed microseale airflow studies for building ventilation and rooftop wind jetting effects, analyzed regional data for wind energy potential and ',_.:regional pollution dynamics, developed siting rationales for power plants, wastewater treatment and landfills based on wind currents. Goldstone Tracking Station Wind Energy Utilization, Mojave Desert, CA Tejon Ranch Wind Energy Potential Siting Analysis, Kern County, CA Saddleback College Airflow Studies, Mission Viejo, CA 'I Geysers Micro-Meteorological Network Analysis, Lake County, CA Baca Geothermal Airflow Studies, Redpndo Canyon, NM San Bruno Mountain Windflow Constraint Study, South San Francisco, CA Owens Lake Dust Control and Revegetation Studies, Lone Pine, CA San Diego County Wind Energy Monitoring Site Evaluation, CA Caspers Park Wind Generator Speed Validation, San Juan Capistrano, CA H Sea Breeze Interference Study, Dana Point, CA Topo Ranch Wind Energy Monitoring Program, King City, CA r Office Building Indoor Air Quality/Ventilation Monitoring, El Cajon, CA Fringe-Toed Lizard Habitat/Wind Interaction, Palm Desert, CA Rooftop Helipad Siting Study, Presbyterian Hospital, Hollywood, CA Renaissance Tower Wind Tunnel Flow Modeling, Sacramento, CA Redevelopment Area No. 1 Wind Tunnel Flow Modeling, Culver City, CA California Desert Regional Windflow/Dust Dispersion Study, Fort Irwin, CA Convention Center Area Windtunnel Airflow Modeling, Sacramento, CA Santa Ana Canyon Road Widening Wind Tunnel Modeling, Anaheim, CA Ocean Blvd. High-Rise Wind Jetting Study, Long Beach, CA River Tower High-Rise Wind Tunnel Modeling, Sacramento, CA Hollywood Hills Mass Grading Wind Modification Study, Los Angeles, CA "•OMPLEX TERRAIN METEOROLOGY/AIR QUALITY ACTIVITIES -managed .' performed aerometric data acquisition tasks, installed equipment, reduced data, ibrmed quality assurance and calibration procedures, prepared reports and data summaries, developed monitoring plans and protocols, supervised monitoring technicians. Mineral King Ski Area Suitability Study (project abandoned), Sierra N.F. • Knight's Valley (Rep. Geothermal) Data Acquisition, Sonoma County, CA NCPA/RFL Meteorological Program and Dispersion Testing, Lake County, CA Sierra Upslope Transport Study, Sequoia Vational Forest, CA Pataya (Red Lake) Gas Storage Pre-PSD Monitoring Program, Kingman, AZ Baca Geothermal Monitoring and Tracer Protocols, Valle Caldera, NM Owens Lake Dust Stabilization Study - Phase I, Owens Valley, CA Orange County Civil Aviation Remote Siting Wind Study, Orange County, CA Pine Mtn. Baseline Meteorology Study, Mendocino and Sonoma Counties, CA n Tejon Ranch Lodge Siting Microscale Weather Monitoring Lebec, CA Goldfields/Mesquite TSP and PM-10 Dust Monitoring Program, Glamis, CA Dodge Ridge Ski Area Expansion Impact Study, Pine Lake, CA Sherwin Bowl Ski Area Development Study, Mammoth Mountain, CA Chair 15 Expansion/Lodge Develop.Impaet Analysis, Mammoth Mountain, CA r San Diego County Mtn Wind Energy Feasibility Study, Peninsular Range, CA Tehachapi Mountain Wind Energy Development Study, Tejon Ranch, CA Coastal Range Wind Energy Development Feasibility Study, King City, CA Remote Landfill Siting Wind Monitoring Program, Palomar Mountain, CA ed MWD Pipeline No.6 Construction Air Quality & Noise Impact, San Diego, CA Palo Verde 500 kv Transmission Line Impact Study, Blythe - San Diego, CA El Dorado Natural Gas Pipeline Construction Study, Bakersfield, CA .ty 0 ATMOSPHERIC DISPERSION AND TRACER STUDIES - Performed inert tracer p,,r 'mainly sulfur hexalluoride and selected halocarbons) dispersion studies, performed .r air wind data acquisition, coordinated meteorological support for tracer programs, srrved as release technician, gas chromatograph operator, and quality assurance supervisor, wrote final program reports. • Walt Disney Co. Ski Area Vehicular Exhaust Studies, Mineral King, CA Ormond Beach Generating Station Tracer Studies, Oxnard, CA Montezuma Hills Industrialization Impact Study, Sacramento River Delta, CA Exxon Refinery Plume Dispersion Study, BVicia, CA ARB Central Valley Pollution Dynamics Study, San Joaquin Valley, CA Sierra Upslope Transport Study, Sierra National Forest, CA San Joaquin Valley Westside Oilfields Ventilation Studies, Lost Hills - Taft Cobb Valley Tracer Studies, The Geysers KGRA, CA In Exxon Refinery Plume Dispersion Study, Billings, MT i Harry Allen Powerplant Tracer Studies, Las Vegas, NV E • Baca Geothermal Project Tracer Study Protocols, Valle Caldera, NM r '• El Segundo Generating Station Nox Impact Studies, Los Angeles Basin, CA EPRI Plume Model Validation Study, Oak Ridge, TN EPA Complex Terrain Study Tracer System Quality Assurance Program, Reno, NV Coldwater Creek (CCPA No. 1) Tracer Studies, Geysers KGRA, CA Southern California Air Quality Study (SCAQS), South Coast Air Basin (supplemental met station deployment, mobile site upper air technician) ed l t i AY i i ---- ar -\'''HERMAL - performed on-site data acquisition, tracer tests, modeled dispersion )a,-----s from wells and power plants, wrote EIRs, presented written and oral testimony to Searing Boards and state regulatory agencies. Geothermal Impact Assessment Baseline Document, Lake County APCD, CA NCPA/RFL (NCPA #1) Data Acquisition and EIR, Cobb Valley, CA Shel NCPA #2 Monitoring Equipment Siting Consultation, Sonoma, County, CA Cobb Valley Tracer Studies (McCullich, Aminoil, PG&E), Lake Count CA Knight's Valley (Republic Geothermal) Monitoring Program, Sonoma C ' ounty, CA Wellfield Impact Modeling (Thermogenics, Ford Flat, Thurston), Lake Co., CA LCAPCD Hearing Board Testimony on NCPA #1, Lake County, CA Ten IOMW Demonstration Plan EIR, North Brawley, CA MAPCO Wellfield Development EIR, Westmorland, CA n Salton Sea IOMW Power Plant EIR, Niland, CA Fl Centro Alternate Geothermal Resource Use EIR, El Centro, CA yser-Cobb Valley Impact Study Data Analysis, Lake County, CA NCPA/Shell Tracer Study Data Analysis, Geysers KGRA, CA South Brawley Wellfield Development EIR, Imperial County, CA Baca 45MW Geothermal Project Meteorological Monitoring, Valle Caldera NM I.T. Corporation Geothermal Waste Landfill EIR, Imperial County, CA ' Geysers KGRA Micro-Meteorological Network Data Analysis, Geyers KGRA, CA Unit 18 Abatement Requirement Study for CEC, Geysers KGRA, CA L'Esperance Leasehold Wellfield Development EIR, Lake County, CA ed North Brawley Aerometric Monitoring Program, Imperial County, CA Salton Sea KGRA Development Master Plan EIR, Imperial County, CA State Lands Commission Widow Creek Lease EIR, Lake County, CA Camelback Ridge EIR, Lake County, CA Ay Heber Baseline Monitoring Program Plan Development, Heber KGRA, CA Mountain Meteorological Monitoring, Sonoma & Mendocino Counties, CA C- -THERMAL _ Page 2 • -''�West Wildhorse Creek Environmental Assessment, Sono • ma County, CA Shell B-2 Wellsite EIR Sonoma County, CA • Brawley/Niland Long-Range Development Plan EIR, Imperial C South Brawley Development Computer Impact Modeling, County, CA Phillips/Mt. Hannah Exploratory Project EIR, Lake y, CA y, CA State Land Commission Cobb Mountain Le, e e County, CA Wildhorse Steamfield Development EIR � EIR, Lake County, CA , Sonoma County, CA Coldwater Creek Powerplant (CCPA No. 1) EIR & NOI, Caldwell Davies/NatOmas 25 MW Powerplant EIR, Lake Count C Pines, CA Bottle Rock Power Plant Wellfield Expansion EIR L y' A Anadarko (Klau Mine) ake County, CA ne) Exploratory Well EIR, Lake County, CA MCR Francisco Leasehold Wellfield Expansion EIR, Lake Cou a T'awaii Geothermal Aerometric Instrumentation, Hilo nly, CA , Hawaii ed Ay DETAILED PROJECT " LISTINGS INFRASTRUCTURE PROJECTS n i ed r. i ity 4 r ROADWAY IMPACT STUDIES -modeled CO dispersion patterns based on California source dispersion (CALINE) and emissions (EMFAC) models, performed on-site CO `,_anitoring, performed regional pollution burden analyses, wrote EIRs. Brookhurst Street Widening, Anaheim, CA Division Street Widening, National City, CA Rose Canyon Roadway Construction, Orange County, CA Culver Bridge Widening, Irvine, CA Harvard Avenue Extension and Freeway Overcrossing, Irvine, CA Alton Avenue Interchange Construction, Irvine, CA Bonita Canyon Roadway Widening, Irvine, CA SA680 Extension, Poway/Rancho Bernardo, CA Anaheim Transit Center Study, Anaheim, CA Moulton Parkway Realignment Study, Tustin, CA Superior Avenue Extension, Newport Beach, CA Eugene Parking/Circulation Study, Eugene, OR Tapo Canyon Overhead Construction Impact Analysis, Irvine, CA Huntington Beach Transit Center, Huntington Beach, CA San Clemente Roadway Alternatives Study, San Clemente, CA Irvine Center Circulation Impact Analysis, Irvine, CA MCA-Hollywood Freeway Overcrossing, Universal City, CA Bachman Canyon Roadway Alignment Study, San Diego, CA Carlsbad Boulevard Widening, Carlsbad, CA Encinitas Boulevard Widening, Encinitas, CA Long Beach Transit District Maintenance Facility, Long Beach, CA Paradise Valley Traffic Impact Analysis, Fairfield, CA Wilshire Corridor Metrorail Project, Los Angeles, CA Pacific Coast Highway Widening, Newport Beach, CA Santa Ana Transportation Corridor (SATC), Orange County, CA �t ;AY IMPACT STUDIES - Page 2 Sacramento Transit Center Developments, Sacramento, CA Shoemaker Overpass Impact Study, Cerritos, CA Fairview/Calle Real CO Impact Modeling, Santa Barbara, CA Via Rancho Parkway Widening, Escondido, CA Santee Lakes Boulevard CO Impact Screening Analysis, Lakeside, CA Warner Avenue Widening, Huntington Beach, CA Tapo Canyon Road EIR Update, Simi Valley, CA Leisure World (Moulton Parkway) CO Impact Studies, Laguna Hills, CA Irvine Center Drive/I-405 Roadway Widening, Irvine, CA Culver Drive/I-405 Roadway Modifications, Irvine, CA Arbor Vitae Roadway Widening, Westchester, CA Fisherman's Channel Bridge Widening, Mission Bay, CA erial Highway Widening, Brea, CA r/ Bancroft Road Widening, Walnut Creek, CA Madera Road/Simi Freeway Interchange Construction, Simi Valley, CA Jamboree/I-5 Interchange Feasibility Study, Tustin, CA Irvine Center Drive/I-405 Interchange Modifications, Irvine, CA Oak Road Widening Project, Walnut Creek, CA Pelican Road EIR, Orange County, CA Westminster Avenue Widening/Improvement, Santa Ana, CA Birch Street Widening Project, Brea, CA Lambert/State College Intersection Improvement, Brea, CA Myford/Jamboree Extension to I-5 Freeway, Tustin, CA I-5 Widening, SR 91 to SR 22 Freeways, Anaheim & Orange, CA Fairmount Avenue Realignment Study, San Diego, CA R` Parkway/I-5 Confluence Study, Lake Forest, CA NEW NDFILL STUDIES -Performed odor, particulate, litter an d made on-site odor and meteorological measurements ease vector dispersion Board testimony, evaluated resource recovery project impacts, wrote EIIRs QdD reports. ports. • Bee/Round Canyon Replacement Site for Coyote Canyon, Orange o Count • Operating Industries, Inc. Landfill Odor Impact Study, Mont y' CA • West Miramar Landfill Expansion EIR, San Die C Monterey Park, CA Diego, A • I. T. Corporation Class II Landfill Development, Imperial County, CA • BKK Landfill Master Plan and Alternatives Study, West Covina, CA Coyote Canyon Landfill Gas (LFG) Recovery Constraint Study, Irvine, CA • SANDER Resource Recovery Project Alternate Site Study, National City, CA Otay Landfill LFG Recovery Project EIR, Otay Mesa, CA y Coyote Canyon Master Plan EIR, Irvine, CA Milliken Landfill Odor & Waste-to-Energy Plant Imp. Studies, Ontario, CA California AB3374/AQMD Rule 1150.1 Compliance Plans, Orange Count y' CA West Sinn Valley Landfill Hazardous Em t' Emissions Impacts, Simi Valle CA Sunnyvale Landfill Gas Recovery Project Impact Studies, Sunnyvale, ' Bee Canyon Landfill EIR Update, Irvine, CA CA North Orange County Landfill Replacement Study, Orange County, CA OII Landfill Fenceline Toxics Emiss. Impacts, Montebello, CA BKK Site Re-Use Master Plan (Tierra Alta) EIR, West Covina, CA N. San Diego County Landfill Siting Study, Fallbrook, Pala & Warner, CA Harbor Landfill AB3374 Air-SWAT Testing, Wilmington, CA San Marcos Waste-to-Energy Plant Supplemental EIR, San Marcos, CA Adams Landfill Lawsuit Expert Witness (Air Emissions), Carson, CA Designated Waste Class I Site Air Review, Newberry Springs, CA Eagle Mountain Project Air Quality Analysis Review, Desert Center, CA i ROADWAY IMPACT STUDIES - Page 3 .. Laguna Seca Papal Visit Roadway Closure Impact Stud • Cypress "Superstreet Overcrossin Y► Monterey, CA g Impact Study, Cypress • Foothill Transportation Corridor Final Impact Stud ' • Richards Avenue Extension/1-80 Connection I-8 Overcrossing Microscale s y' Ort+nge County, CA acramento, CA Quality• r .�; SR-73 Widening Air Y Impact Study, El Centro, CA Impact Analysis, Newport Beach, CA Yale/I-405 Overcrossing Sensitive Receptor Impacts, Irvine, CA Mitchell Road Widening (FAU Project) Impact Study, Cer I-405 Access Improvements Mieroscale Impact Study, Route 30 Freewa Y� Costa Mesa, CA Y Impact Analysis, Claremont to Rancho Cucamonga, CA Sierra Avenue/I-10 Interchange Improvements, Fontana, CA Avenida Vista HermosalI-5 Interchange Impact Analysis, San Ulric Road1SR163 Interchange Improvement Study, S Clemente, CA � an Diego, CA ' NDFILL STUDIES -Performed odor, particulate litter ;Les, made on-site odor and meteorological measurements,and disease vector dispersion Board testimony, evaluated resource recovery project impacts, wrote EdIRs�ndrreHorts ng P • Bee/Round Canyon Replacement Site for Coyote Canyon, Orange Count y' CA • Operating Industries, Inc. Landfill Odor Impact Study, Monterey ark • West Miramar Landfill Expansion EIR, San Diego, CA y CA • I. T. Corporation Class II Landfill Development, Imperial Count • BKK Landfill Master Plan and Alternatives Study, West y' CA Y Covina, CA Coyote Canyon Landfill Gas (LFG) Recovery Constraint Study, Irvine, CA SANDER Resource Recovery Project Alternate Site Study, National City, CA Otay Landfill LFG Recovery Project EIR, Otay Mesa, CA Coyote Canyon Master Plan EIR, Irvine, CA Milliken Landfill Odor & Waste-to-Energy Plant Imp. Studies, Ontario, CA California AB3374/AQMD Rule 1150.1 Compliance Plans, Orange County, CA West Simi Valley Landfill Hazardous Emissions Impacts, Simi Valley, C Sunnyvale Landfill Gas Recovery Project Impact Studies Sunnyvale, unnyvale CA Bee Canyon Landfill EIR Update, Irvine, CA North Orange County Landfill Replacement Study, Orange County, CA OR Landfill-Fenceline Toxics Emiss. Impacts, Montebello, CA Y BKK Site Re-Use Master Plan (Tierra Alta) EIR, West Covina, CA N. San Diego County Landfill Siting Study, Fallbrook, Pala & Warner, CA Harbor Landfill AB3374 Air-SWAT Testing, Wilmington, CA San Marcos Waste-to-Energy Plant Supplemental EIR, San Marcos, CA Adams Landfill Lawsuit Expert Witness (Air Emssions), Carson, CA Designated Waste Class I Site Air Review, Newberry Springs, CA Eagle Mountain Project Air Quality Analysis Review, Desert Center, CA Landfill Project Air Quality Impact Assessment Experience: Project : North County Class III Landfill Client : Subconsultants to: The Butler/Roach Group, Inc. Attn: Trish Butler 1660 North Hotel Circle, Suite 606 San Diego, CA 92108 Period of Performance: 1990-91 Responsibilities : Prepared air quality impact assessment for three candidate landfill sites including the following scope of services : review of available aerometric data; review of all relevant scoping comments ; multiple site visits, meetings APCD staff to evaluate baseline data suitability and to with coordinate supplemental data acquisition; deployment of wind monitoring stations; data collection, analysis and reporting; impact analysis for airborne dust , odor„ airborne toxics , airborne disease vectors , vehicular emissions, and LFG combustion emissions ; documentation of mitigation potential and effectiveness ; and response to voluminous comments . Project : North Orange County Landfill Alternatives & Tech Study (NOCLATS) Technology Client : Subconsultants to: Michael Brandman & Associates Attn: Dana Privitt-Arita 2530 Red Hill Avenue Santa Ana,. CA 92705 Period of Performance: 1988-91 (ongoing) Responsibilities : Phase I Study - developed air quality impact evaluation matrix to screen impact potential for 12 candidate landfill sites; documented screening procedure rationale; applied screening analysis to candidate sites to establish relative quantitative impact preference. Phase II Study - deployed wind monitoring instrumentation at four canyon sites to assess odor transport routes and Santa Ana wind funneling effects ; expanded impact assessment matrix and applied analysis criteria to site specific access , land use and landfill profile patterns; evaluated air quality impacts from alternative disposal technologies; analyzed air-SWAT air toxics data for applicability to new landfill sites; detailed impact mitigation potential . Project : North County Resources Recovery Associates Supplemental EIR Client : Subconsultant to: S .T.A. Planning Attn: Lauren Jue 550C Newport Center Drive Newport Beach, CA 92660 Period of Performance: 1990-91 Responsibilities : Reviewed San Marcos General Plan, waste-to- energy plant impact documentation and other previously prepared environmental studies ; coordinated SEIR air analysis with concurrent San Marcos Landfill vertical expansion EIR; reviewed W-T-E health risk assessment ; documented all new impact findings prepared since previous EIR completion; analyzed cumulative project impact in light of the King 's County Farm Bureau vs . of Hantord (1990) decision; compiled materials into an updatedity setting, impact and mitigation analysis . Project : Coyote Canyon Closure/Bee Canyon Landfill EIR ® Client : Subconsultant to: P & D Technologies, Inc. Attn: Sylvia Salenius 1100 Town & Country Road, #300 Orange, Ca 92668 Period of Performance: 1978-79, 1984-85 , 1989-90 Responsibilities : Evaluated air quality impact for five candidate sites to replace Coyote Canyon; performed detailed literature search on landfill activity impact Potential Coast Field Station, ornamental plant nurseries oand avocadoSouth groves ( root rot spreading) ; analyzed emissions differences from multiple haul road, transfer station and freeway access options; assessed air quality impacts from delay of final closure from vertical expansion; documented revisions in air quality regulatory requirements (AQMD Rule 1150 .1) ; coordinated site Placement of permanent wind and air toxics monitoring stations as part of Rule 1150 . 1 compliance plans and new Bee Canyon Landfills , for existing Coyote Canyon prepared updated air assessments for Bee Canyon openin quality impact g; analyzed impact changes associated with revised air quality regulations . 2 w,.-,,�roject : Eagle Mountain Landfill Project EIR Review Client : Subconsultant to: Converse Environment West Attn: Nick Allen 9471 Ridgehaven Court , Suite C San Diego, CA 92123 Period of Performance: Currently in progress Responsibilities : Reviewing air qualit 1 analyses for rail haul of 20 ,000 ton/day ofdsolid®wastecto Eagle Mountain Mine on behalf of Riverside County Waste Management - including document review, site visit , detailed written comments and recommendation for DEIR/DEIS revisions . the comments was that the DEIR/DEIS anal sis is perhaps general tenor of conservative and tends to downplay some of the more perhaps overly aspects of this solid waste disposal alternative. positive 1 I 3 v TEWATER DISPOSAL/FRESHWATER TREATMENT IMPACT A- 4-siYSIS - prepared air and noise studies for master plan facilities development; evaluated sludge management option impacts; performed impact analyses and characterized probable odor impact limits from wastewater treatment and industrial odor sources; evaluated pathogen transport routes; determined optimum treatment plant locations; analyzed growth-inducing impacts; performed on-site odor and wind monitoring; performed on-site noise monitoring in freshwater plants; analyzed construction impacts;wrote EIRs and reports. Oxnard Wastewater Treatment Plant Variance Study, Oxnard, CA Goleta Wastewater Reuse Impact Study, Goleta, CA Pima County "208 Plan" Air Quality Impact Analysis, Tucson, AZ IRWD Master Plan Environmental Assessment, Orange County, CA Leucadia County Water District Facility Expansion, Rancho la Costa, CA Pomerado Water Dist. Pump. Station Odor Imp. Study, Rancho Bernardo, CA LA/OMA Sewage Sludge Disposal Alternatives Analysis, Orange County CA California "8" Motel/Encina Treatment Plant Odor Conflicts, Carlsbad, CA Las Virgenes District Treatment Plant Siting, Los Angeles County, CA Malibu Mesa Treatment Plant Expansion/Odor Impact Analysis, Malibu, CA San Mateo WQCF Facility Expansion EIR, San Mateo, CA Marukan Vinegar Plant Odor Impact Analysis, Irvine, (IIC-E), CA OCSD Sludge Disposal Alternatives Study, Fountain Valley, CA Frito Lay Chip Plant Wastewater Odor Impact Analysis, Buttonwillow, CA Del Obispo Park/Treatment Plant Co-location Imp. Analysis, Dana Point,CA Moreland Property 112S Odor Transport Study, Goleta, CA Roger Road Wastewater Treatment Plant Monitor./PSD Modeling, Tucson, AZ Chiquita Treat. Plant Odor Control System Test, San Juan Capistrano, CA Paramount Industrial Odor Land Use Compatibility Study, Paramount, CA Lee Lake Water District Infrastructure Installation, Temescal Valley, CA Fiesta Island Sludge Drying Operations Relocation, West Miramar, CA .STEWATER DISPOSAL/FRESHWATER TREATMENT IMPACT FACILITIES - Page 2 Palm Desert Treatment Plant Odor Scrubber Certification, Palm Desert, CA Croix Blanche Winery Settling Pond Odor Dispers. Study, Napa Valley, CA San Jacinto Treatment Plant Odor Scrubber Efficiency Study, Hemet, CA La Salina Treatment. Plant Odor Scrubber Efficiency Test., Oceanside, CA Tapia WWTP EIR Preparation and On-Site Wind Monitoring, Las Virgenes, CA Chino Basin Regional Plant No.4 EIR, Rancho Cucamonga, CA Sewage Sludge/Cattle Manure Composting Project EIR, Adelanto, CA Henrico County In-Vessel Composting Odor Scrubber Study, Richmond, VA Clean Water Program System Improvement EIR, San Francisco, CA Sludge Management Master Plan (Air Drying, In-Vessel Composting, Facultative Lagoons, Windrow Composting, Direct Injection), Three Sites, San Diego, CA Vallecitos District Treat. Plant, Outfall and Reservoir, San Marcos, CA San Joaquin Reservoir Cover & Filtration Plant Impact, Newport Beach, CA Wastewater Flow Equalization Project EIR (Odor & Noise), Lakeside, CA EBMUD Freshwater Treatment Plant Upgrade Air & Noise Studies, Orinda, CA Olivehain MWD Gaty Filtration Plant/Reserv. Project EIR, San Marcos, CA Chino Basin MWD Cattle Manure/Sewage Sludge Co-Compost. Proj., Chino, CA Southern California MWD Pipeline No.6 EIR, Lake Skinner - Pala, CA LVMWD Filtration Plant Chlorine Spill Risk Assess., Westlake Village, CA Rancho California Treatment Plant Odor Scrubber Cert., Temecula, CA y P . IRs, cleared aircraft on weather clearances, taught aviation"R"ORTS - modeled pollution dispersion patterns, performed on-site data monitorin weather courses, gave public hearing testimony before the CAB, evaluated candidate airport/helipad landing sites ind prepared analyses for possible legal challenges for airport master plans at two sites. Staff Weather Forecaster, U. S. Air Force, Madison, WI Division Staff Weather Officer, Air Defense Command, Tacoma, WA Range Weather Analyst, Pacific Missile Range, Point Mugu, CA Orange County CAB Hearing Testimony, Route Authority, Orange County, CA Noise Studies for Rolls Royce Equipped L-101 1,s, Palmdale Airport, CA LAX Cargo Facility Expansion EIR, Los Angeles, CA Brown Field Static Engine Test Stand EIR, San Diego County, CA LAMPS Mark III Helicopter Squadron Deployment, North Island NAS, CA University Hospital Helipad Negative Declaration, San Diego, CA Civil Aviation Siting Study Data Acquisition Program, Orange County, CA CLahului Airport Expansion Master Plan EIR, Maui, Hawaii j urbank/Glendale/Pasadena Master Plan EIR, Burbank, CA Agadar Airport Siting Evaluation, Agadir, Kingdom of Morocco John Wayne Airport/Santa Ana Heights Master Plan, Orange County, CA 146th TAW Relocation Study, Van Nuys, Pt. Mugu, Norton, Palmdale, CA Hollywood Presbyterian Hospital Helipad Siting Study, Los Angeles, CA Air Cal Route Additions Focused EIR, Lindbergh Field, San Diego, CA Jet America Guymas, LAX Flight Additions Emissions Cales, LAX, CA BGPA Site Plan Change Supplemental EIR, Burbank, CA BAe-146 Service Implementation, John Wayne Airport, Orange County, CA USMC Runway Modification EIR, 29 Palms, CA Chino Airport Master Plan Update, Chino, CA Airport Area Specific Plan Baseline Study, San Luis Obispo, CA na Airport Area Development Plan EIR, Napa, CA PORTS - Page 2 .` Air Alaska & Braniff Route Authority EIRs, Lindbergh, San Diego, CA Lindbergh Field Master Plan EIR, San Diego, CA New Austin Airport Air Quality Analysis per FAA FAR-150, Austin, TX E. y 4COUSTICAI., IMPACT STUDIES (NOISE) 4 't } � 1 tl i R "A .. A t� t. performed on-site baseline noise surveys, calibrated and ran the FHWA noise mon.. evaluated noise impact mitigation measure effectiveness. Milliken-Highland Development Freeway Noise Study, Rancho Cucamonga, CA Jamboree Residential Noise Set-Back Constraint Study, Newport Beach, CA West End Development Plan Master EIR, Fontana, CA Coyote Canyon Landfill Gas Recovery Noise Constraint Study, Irvine, CA Bancroft Road Widening (FAU Funds Project), Walnut Creek, CA Serramonte Development Aircraft/Freeway Noise Assessment, Daly City, CA John Muir Hospital Modernization Noise Study, Walnut Creek, CA Oakley Area General Plan Noise Element Update, Oakley, CA Stonecrest Development Noise Monitoring/Impact Modeling, San Diego, CA Oak Road Widening Noise Impact Study, Walnut Creek, CA Berkeley Waterfront Development Monitoring/Impact Study, Berkeley, CA One Pacific Plaza Noise Impact Modeling, Fremont, CA Fontana Rail Noise Impact/Mitigation Study, Fontana, CA I Mori Point Development Plan Noise Study, Pacifica, CA i. San Juan Hills Development Master Plan, Belmont, CA Placer County Government Center Noise Impact Studies, Lake Tahoe, CA Northgate Station Development Freeway Noise Exposure, Sacramento, CA Paul Masson Winery Property Noise Impact Study, Saratoga, CA Otay Rio Business Park Noise Monitoring/Impact Study, Chula Vista, CA Blue Diamond Recycling Plant Baseline Monitoring, Mission Viejo, CA City of Whittier Downtown Redevelopment Noise Study, Whittier, CA Sunset Redevelopment Project Noise Study, East Salinas, CA La Cuesta Fontana Specific Plan Noise Impact Analysis, Fontana, CA r 234 Pico Redevelopment Noise Impact Monitoring, Santa Monica, CA i�*nbert Avenue Widening Roadway Noise Impact Study, Brea, CA i NOISE PROJECT EXPERIENCE - Page 2 -,:JATX Chemical Products Terminal CUP Noise Impact Analysis, Carson, CA Birch Street Widening/Extension Noise Impact Study, Brea, CA Redwood Road Truck Noise Calculations, Oakland, CA San Sevaine Master Plan EIR, Rancho Cucamonga, CA Cypress Superstreet Overcrossing Noise Impact Assessment, Cypress, CA Lee Lake Water District Facilities Noise Impact, Temescal Valley, CA Jungleland Property Development Noise Impact, Thousand Oaks, CA Bayview Point Development EIR Rail Noise Study, City of Pinole, CA Martin Luther King Community Center EIR Noise Studies, Richmond, CA Richmond Downtown Redevelopment EIR Noise Studies, Richmond, CA Marsh Creek Marina EIR, Contra Costa County, CA Bethel Island Noise Planning Constraint Study, Contra Costa County, CA Etiwanda Highlands Residential Set-Back Noise Impacts, Cucamonga, CA _Aarinita Commercial Development EIR Noise Analysis, Ojai, CA USAAC of E Santa Ana River Master Plan Construction Noise Study, So. CA T.V.I. Golf Course Rock Crushing/Grading Noise Impact, Sun Valley, CA Port Hueneme Harbour Noise Mitigation Design Plan, Port Hueneme, CA San Bernardino County Detention Facility Noise Impact, Fontana, CA L.A. Open Golf Tournament Spectator Noise Study, Pacific Palisades, CA Castro Heights Development EIR Noise Study, San Francisco, CA Wavecrest Redevelopment Project EIR Noise Study, Half Moon Bay, CA Agua Dulce Airpark Aircraft Noise Monitoring Program, Agua Dulce, CA Coast Ranch Development Noise Impact Study, Carmel, CA Etiwanda/Day Creek Noise Wall/Setback Siting Study, Rancho Cucamonga, CA Pitts Ranch Development Train/Roadway Noise Analysis, Camarillo, CA Town Center II Redev. Project Noise Impact Analysis, Chula Vista, CA N"TgE PROJECT EXPERIENCE - Page 3 `W--'Del Sur Ranch Noise Impact Study, Lancaster, CA 4-S Ranch Development EIR Update Noise Studies, Rancho Bernardo, CA Krikorian Theater Complex Noise Impact Assessment, San Bernardino, CA Off-Shore Oil Drilling Noise Whale Migration Pattern Impact, CA Concrete Batch Plant Residential Noise Impact Monitoring, Lomita, CA Alameda County Fairgrounds Area Development EIR, Pleasanton, CA Jafari Winery Compressor Noise Impact Monitoring, Napa Valley, CA Stonehedge Winery Compressor Noise Impact Monitoring, Napa Valley, CA Rancho San Diego Golf Course Loudspeaker Noise Imp. Study, El Cajon, CA Azusa Rock, Owl Rock Haul Road Noise Impact Calculations, Azusa, CA Stoneridge Master Development Plan EIR, Moreno Valley, CA Richards Blvd. Extension Noise Impact Modeling, Sacramento, CA Rancho de Mayo Road Development Noise Study, Carlsbad, CA -,3akersfield 2020 General Plan Update Noise Element, Bakersfield, CA Chilcote Rock Products CUP Appl. Noise Monitoring, Rancho Carmel, CA Orco Block Company Residential Noise Impact Assessment, Stanton, CA Saddleback Valley Community Church EIR Noise Impact Study, El Toro, CA Tabata Property EIR Noise Study, Carlsbad, CA Otay Valley Road Widening EIR Noise Impact Analysis, Chula Vista, CA Paramount Refinery Residential Noise Impact Monitoring, Paramount, CA T.T. 46493 Development EIR Noise Study, Sunland/Tujunga, CA Casa Blanca Community Plan EIR Noise Assessment, Riverside, CA Dawson Canyon Sand Plant Noise Impact Analysis, Temescal Valley, CA Compost Recycling Project EIR Noise Impact Analysis, Adelanto, CA Alta Laguna Park/Playground Noise Impact Study, Laguna Beach CA 8950 Sunset Commercial Center EIR, West Hollywood, CA NOJQE PROJECT EXPERIENCE - Page 4 Ir 7 Schubert Commercial Center Noise Impact Studies, Encinitas, CA . Surfside Auto Body Shop Expansion Noise Impact Analysis, Encinitas, CA Coin-Operated Car Wash Residential Noise Impact Studies, Lakewood, CA Chino-Hills Kraemer Property Noise Study Updates, Chino, CA Mid-Bayfront Redevelopment Plan EIR Noise Studies, Chula Vista, CA Concrete/Asphalt Recycling Project Noise Monitor., Poway & Lakeside, CA Route 67 Woodside Road Intersection Improvement Noise Study, Santee, CA Border Highlands Agg. Plant EIR Noise Impact Analysis, Tijuana River West Hills Specific Plan EIR Noise Analysis, Belmont, CA Church Street Agg. Plant Noise Monitoring, San Bernardino County, CA Padre Transit Mix/Quarry Expansion EIR, Poway, CA Pick-Your-Part Automobile Recycling Fac. Impact Analysis, Anaheim, CA Richmond Addition Sewerage Project Noise Studies, San Francisco, CA �! Asphalt "Hot Plant" Noise Standards Compliance Study, El Toro, CA T.T. 14747 Rail Noise Impact Study, Fontana, CA Haul Road and Materials Conveyor Noise Study, Azusa, CA Desert Bighorn Sheep Rocket Launch Noise Nuisance Study, White Sands, NM Diesel Power Plant Noise Impact Study, Kwajalein Atoll, Marshall Islands Apostolic Church Neighborhood Noise Nuisance Study, Fallbrook, CA Desert Coast Apartments Rail Noise Impact Study, San Diego, CA Sloan Canyon Sand Plant CUP Ext. Noise Imp. Study, San Diego County, CA T.T. 13846 Noise Impact Analysis, San Juan Capistrano, CA Commercial Center Redevelopment Plan EIR Noise Study, Placentia, CA !, Hollywood Hills Grading Freeway Noise Exposure Mod. Los Angeles, CA Plunge Creek Quarry Noise Impact Study, Highlands, CA S.B. County Medical Center Relocation, Colton, Ont., San Bernardino, CA 6 f I NOISE PROJECT EXPERIENCE - Page 5 _,,coyote Hills East Development EIR, Fullerton, CA Gramercy Park Apartments Noise Exposure Study, Anaheim, CA Jackson Drive/Sr52 Interchange Noise Study, San Diego, CA Kaiser Permanente Medical Office Bldg. Project EIR, Fontana, CA Ocean Promenade Tower EIR Noise Study, Long Beach, CA School Siting Noise Impact Study (3 Sites), L.A. Unified School District Old Orchard Residential Project EIR, Morgan Hill, CA Old Topanga Canyon Road Widening EA, Calabasas, CA Requeza Street Residential Project Freeway Noise Study, Encinitas, CA Ritter Park Development Master Plan EIR, Palmdale, CA S.D. Pipeline No.6 EIR, Riverside & San Diego County, CA School Siting Noise Study (2 Sites), Los Angeles USD, South, CA South Bayfront Local Coastal Plan Revision EIR, Chula Vista, CA Sunset Acres Residential Project EIR, Imperial, CA Westminster Commercial Center Noise Abatement Study, Westminster, CA Soka University Expansion EIR Noise Study, Calabasas, CA Vallecitos Water District Master Plan Implementation, San Marcos, CA Nogales Street Park and Ride Facility EIR/EA, Hacienda Heights, CA Foothill Blvd. Park and Ride Facility EIR/EA, La Verne, CA Water Treatment Plant Upgrade Noise Studies, Orinda, CA Hunt-Wesson Plant Upgrade Noise Studies, Davis, CA South Sutter County GPA (New Town) EIR, Pleasant Grove, CA River Tower Highrise Project Noise Impact Studies, Sacramento, CA Villa Santiago Site Development Noise Monitoring, Orange CA Beverly Manor Convalescent Home Noise Impact Monitor., Laguna Hills, CA Stonebridge Development Noise Impact Study, Grass Valley, CA PROJECT EXPERIENCE - Page 6 .'.Jrth Etiwanda Specific Plan Adoption Noise Imp. Study, R. Cucamonga, CA SF General Hospital Park. Structure Noise Imp. Study, San Francisco, CA 4-S Ranch Specific Plan Revision EIR„ Rancho Bernardo, CA Crossroads Parkway Park-and-Ride Noise Imp. Study, City of Industry, CA Sierra Blvd./I-10 Ramp Modification Noise Study, Fontana, CA High Desert Hospital Relocation EIR, Lancaster, CA Gilman Road Widening Noise Monitoring, Moreno Valley, CA Mill Stream Seniors Community Noise Abatement Study, Claremont, CA La Vina/Lineoln Avenue Specific Plan EIR, Altadena, CA Downey Redevelopment Areas 5A, 5B & 5C, Downey, CA Barton/Waterman Comm. Site Develop. Initial Study, S. Bernardino, CA Third Rose Canyon Sewer Addition Noise Impact Study, San Diego, CA AIRBORNE TOXICS AIRBORNE TOXICS - performed ambient monitoring for airborne to indoor air quality studies related to health complaints xics, performed r pus waste site fen impacts,im P � Prepared compliance plans, analyzed —"'— P' , prepared risk assessments. Implementation Plans - AB-3374/1150.1 Compliance, Orange Count G Contractor Lab SO y ASNVMP Q and Selection for 3374/1150.1, Orange County GSA/WMP Tierra Alta Master Plan (B ' ' Landfill Final Re-Use), West Covina Toxics Ambient Monitoring Project (OII Fenceline), Monterey CA Villa Roma Dev, Plan Risk Assessment, BKK Landfill, ey Park, CA Irwindale Waste to Energy Plant Microsc dl' West Covina, CA ale Wind Study, Irwindale, CA Milliken Landfill Waste to Energy Toxics Impact Evaluation, Ontario San Marcos Refuse Incineration Toxics Impact, San Marcos CA Redwood City Refuse Incinerator Wind Studies, Redwood CA Landfill Gas Toxics Grab Sampling Program, Coyote Canyon, Irvine, CA ood City, CA Liquid Haz. Waste TransferlTreatment Station E IR, Orange County, CA Chemical Hauler Truck Terminal Venting Risk Assessment, Carson J-mical Storage & Transfer Emissions Impact Stud CA State Office Building Indoor Air unlit Y (GATX), Carson, CA Quality Monitonng, El Cajon, CA Chemical Fume Hood Building Ventilation Study, Mission Viejo, CA Treatment Plant Foul Air Scrubber Study, San Juan Capistrano, CA Hazardous Materials Excavation Wind Monitoring, Huntington Beach, Fuel Spill Site Remediation Wind Monitoring, Smith Too] Irvine, CA , ine, CA Cyanide Heap Leaching Operation Emissions Impact Study, Glamis, CA West Simi Valley Landfill Hazardous Emissions Study, Sin>j Valley, CA Insecticide (Diazinon) Spray Drift Impact Evaluation, Downey, CA Herbicide (2,4-D) Drift Agricultural Impact, Yakima Valley, Washington 7-Up Bottlin 8 g Co., Gasoline Spills Removal Risk Assessment, Vernon, CA Air SWAP (Calderon Bill) Monitoring - Six (6) Orange Count Landfills Harbor Landfill Air-SWAT Monitoring, Wilmington, CA y ]s nT lndfill Superfund Study Risk Assessment, Montebello, CA Hidden Valley Resources Designated Waste Repository, Newberry Springs,Y P gs, CA PERSONNEL RESUMES AND REFERENCES i i. Giroux & Associates Environmental Consultants HANS D. GIROUX SUMMARY OF QUALIFICATIONS AND EXPERIENCE EDUCATION: Bachelor of Arts in German Literature, University of California, 1965. Bachelor of Science in Meteorology, University of Utah, 1966. Graduate studies in Meteorology, University of Wisconsin, 1967-68. Masters of Science in Meteorology, UCLA, 1972. Candidacy for Doctorate in Meteorology, UCLA, 1974. PROFESSIONAL EXPERIENCE: Weather Forecaster, U.S. Air Force, Truax AFB, Madison, WI, 1966-67. Staff Weather Officer/Chief Forecaster, McChord AFB, WA, 1968-69. Teaching Assistant, Basic Meteorology/Advanced Dynamics, UCLA, 1969-71. Research Assistant, California Marine Layer Structure, UCLA, 1971. Research Assistant, Remote Air Pollution by Satellites, UCLA, 1972. Research Assistant, Climatic Change - Aircraft Pollution, UCLA, 1973. Instructor, Basic Meteorology, Cal State Northridge, 1972-74. Air Pollution Meteorologist, S-Cubed, LaJolla, CA 1973-75. Senior Meteorologist, Meteorology Research, Inc., Altadena, CA 1975-77. Instructor, Weather for Flight Aircrews, Orange Coast College, 1976. Instructor, Basic Meteorology, Golden West Community College, 1976-81. Instructor, Basic Meteorology, Orange Coast College, 1977-81. Consultant, Atmospheric Impact Processes, Irvine, CA, 1977-present. 17744 Sty Prim CY'rdc, Sure 110, Ir►,joe, California 92714 - Pbooe(714)851-8609 - Rax 17111 RV-9.0 OWN HANS D. GIROUX Page 2 _ RINCIPAL PROFESSIONAL RESPONSIBILITIES* J Military: Performed operational weather forecasting for jet aircrews; trained new personnel; responsible for ground safety, security, records administration, quality control,forecasting methodology research, and liaison with other base units; air defense battle staff weather officer; and deputy detachment commander. University: Conducted laboratory sessions; instructed students in the use of meteorological instrumentation; demonstrated weather analysis techniques; supervised student weather observation programs; gave lectures and tests. Private: Prepared air quality impact assessments for coal-fired, oil-fired, nuclear, geothermal and wind energy power generation systems; prepared impact assessments for transportation systems, industrial emissions sources, wastewater treatment plants, landfills, toxic disposal Air Quality: sites, oil processing facilities, mining operations, commercial, residential, institutional and recreational land uses, airports and harbors; conducted atmospheric gas tracer experiments;developed numerical airflow analyses;and conducted numerous meteorological and air quality data acquisition programs with a very strong emphasis in and environments, geothermal development, odors and nuisance and in regional pollution impacts from Southern California urbanization. Noise: Developed impact assessments for roadways sources,construction equipment, sand and gravel plants, wineries, industrial equipment, gas recovery plants, railroads, recreational activities and oil refineries; monitored ambient noise levels from above sources, calibrated highway traffic noise model (FHWA- RD-77-108), and calculated sensitive receptor noise exposures; wrote community noise ordinances, purchased monitoring equipment and trained city staff; performed noise mitigation studies including barrier design, location, equipment noise control, and residential building retrofits. PROFESSIONAL REFERENCES Dr. Don B. Blumenthal, President, Sonoma Technology, Inc., 707-527-9372 Mr. Tom J. Lockhart, CCM, Meteor. Standards Institute, 206-549-2179 Ms. Sylvia Salenius, Director, Env. Studies, P&D Technologies, 714-835-4447 Mr. Mike Tolmasoff, Director, No. Sonoma County APCD, 707-433-5911 Mr. Harry Dillon, Deputy Director, Imperial County APCD, 619-339-4314 Dr. Alan Eschenroeder, President, Alanova, Inc., 617-259-0886 Mr. Frank R. Bowerman, Director, Orange County Waste Mgmt. Program, 714-568-4160 Mr. Ken R. Richards, Senior Engineer, Consoer-Townsend Assoc., 615-244-8864 4 Giroux & Associates _ Environmental Consultants TERESA M. KOZLOWSKI ASSOCIATE PLANNER S�. ED 7 .ATIOIVAI BACKCUK(lub m 1987-91 Bachelor of Arts in Social Ecology, University of California, Irvine. Specialization in Environmental Health and Planning. PROFESSIONAL FXPE IFJl C 1988 Research Assistant, UCI Personality/Stress Research 1991 Administrative Intern, City of Westminster Planning Department 1989-91 Associate Planner, Giroux & Associates PROJECT F.XPF-RIFNCF, San Bernardino panty Air u',11 t 1 mPnt - mapped daily wind patterns for Ontario, Riverside and San Bernardino; graphed total and mobile county emissions;plotted stationary �•ces; calculated percentages of basin emissions. Downey Redevelopment Plan Am ndments FIIs' - drafted noise and air quality sections for EIR study; evaluated three areas considered for redevelopment; calculated noise, construction and mobile source impacts; operated computer models for analysis; researched land uses, local regulations and existing conditions. Sa„ n Dieg.Pi li ne No 6 -visited and recorded specific site noise and land use data in San Diego and Riverside Counties; presented and discussed environmental conditions at team meeting; mapped land uses and locations of sensitive wildlife to focus analysis; drafted sections of air quality and noise reports. North County I andfill and Alt rnative Technologies Study-compiled and reduced wild data for four sites in North Orange County, generated Wind Rose tables and graphs, presented data results at team meetings. Wboa Fun 7one - conducted facility design analysis in team project; prepared and led research plan; identified potential problems in social spaces and facility performance; made recommendations for improvements; made oral and written presentations. 17744 Sky Park Circle, Suite 210, Ire ae, CA]Yornid 92714 - Pbonc(714)S51-6609 - Ra(714)S51-M12 Giroux & Associates Environmental Consultants SEAN P. WILLIS SENIOR AEROMETRIC TECHNICIAN EDUCATIONAL. I3ACKG ROUND 1986-87 Porterville Community College 1987-91 University of California, Irvine PROFESSIONAL EXPERIENCE 1987-88 Research for Hire, Pesticides Application Researcher ;�. 1989 Soil Remediation Services, Laboratory Analyst 1989-91 Giroux & Associates, Aerometric Program Field Manager PROJECT EXPERIENCE Harbor Landfill Air Solid Waste Assessment Test (AIR-SWATI - designed and built instrumentation to acquire air samples for ambient air toxies testing, extracted gas samples from landfill gas collection systems,deployed and serviced wind monitoring stations, reduced wind data, transferred samples to/from analysis laboratory and reviewed lab results. Sierra Avenue/I-10 Interchange Freeway/Arterial/Rail Noise Baseline Study-deployed noise monitoring instrumentation, abstracted noise data, performed monitoring/modeling noise model calibration. Monarch Butterfly Habitat Microclimatology Study-modified instrumentation for acquiring vertical profiles of temperature and humidity within tree canopies, deployed nine towers for data acquisition, performed 250 profile tests, reduced data. Lake Hollywood Ridgeline Grading Noise and Wind Dispersion Study - performed on-site noise monitoring at six representative residences with possible noise modification due to 100- foot ridgeline reduction, built wind-tunnel physical model of before and after configuration, modeled wind patterns for pre- and post-grading scenario, prepared contour maps of wind speed isopleths. Beaumont Concrete Corp. Dust Monitoring Program - modified Sierra-Anderson standard High Volume (Hi-Vol) particulate samplers with Wedding Associates critical orifice dust sampler assembly, deployed upwind-downwind dust samplers at quarry-batch plant, performed flow calibrations. 17744 Sky Perk Circle,Suite 210, Irvine, California 9:714 - Phone(714)851-8609 - Far(714)851.8612 i tES 1 ti EERI SPECI.._ EARTHQUAKE REPORT- AUGUST 1992 Landers and Big Bear Earthquakes of June 28 & 29 , 1992 damaged, were slightly less than Double Event Shakes Southern California $1 million. What these damage figures fail to Southern California was jolted by a allowing individuals and public show is the good performance of double earthquake on Sunday, agencies to apply for federal buildings designed and built to the June 28, 1992. It began at 4:58 disaster assistance. requirements of modern codes. am with a magnitude 7.4 earth- Damage to unreinforced masonry quake centered in the Landers area As of July 3, 1992, the California buildings and unanchored modular north of Joshua Tree (34.217°N, Office of Emergency Services re- and mobile homes was as ex- 116.433°W). This was the largest ported 1 death, 25 serious injuries, pected. The lack of widespread earthquake to occur in California and 372 other injuries as a result damage to post-1960's structures since 1952. Three hours later, at of the series of earthquakes. In is especially encouraging given the 8:04 am, a magnitude 6.5 earth- San Bernardino County 77 homes magnitude and duration of the quake occurred on a separate fault were destroyed and 4,369 were event. near Big Bear Lake (34.167 0N, damaged, with losses estimated at 1 16.817°W). The second epicen- $47.5 million. Twenty-seven EERI did not appoint a special ter was less than 45 km from the businesses suffered major damage Reconnaissance Team to investi- first. Numerous aftershocks or destruction, and an additional gate these events. Many EERI followed, several in the M4.4 to 139 suffered lesser amounts of members inspected the earthquake M5.3 range. damage, resulting in losses area and submitted preliminary estimated at $17 million. Public reports to EERI that have been On July 1, 1992, Governor Wilson sector damage, including water incorporated into the summary requested that the President and sewer damage and damage to report that follows. declare the Counties of San public buildings was estimated at Bernardino and Riverside major $26.6 milion. Damage estimates The publication and distribution of disaster areas. President Bush for Riverside County, where 24 this report was funded by NSF signed the declaration on July 2, residences and 7 businesses were Grant #CES-8822367. Landers Strong Motion Data Provides Records and 14 km, respectively). While durations are long for this event, From Largest Magnitude Yet Recorded in US peak accelerations are not parti- cularly high for an event of this The California Strong Motion Long Duration. The most unusual magnitude. Instrumentation Program (CSMIP) aspect of the records from the of the Division of Mines and Landers earthquake, compared to Amplitudes in Direction of Rupture. Geology has recovered over 250 most records obtained in Califor- Stations to the north and east records from the Landers and Big nia, is their long duration. The have relatively high peak acceler- Bear earthquakes, collected at over record from the Joshua Tree sta- ation values, which may be due to 150 stations. The Landers earth- tion for the Landers event (0.29 g the propagation of the rupture quake is now the largest event peak acceleration, about 30 sec. northward from the epicenter near with an extensive set of strong duration) can be compared to that Landers. motion recordings. The map in recorded in the M6.1 earthquake Figure A-1 shows the locations of of April 22, 1992 (0.3 g peak Big Bear Lake - Civic Center the two epicenters and of selected acceleration, about 5 sec. dura- Grounds. A peak acceleration of CSMIP stations. Some highlights tion). The epicentral distance for 0.55 g during the Big Bear event of these records include: the two events is comparable (20 continued on page 2 0 EERI SPECIAL EARTHQUAKE REPORT- AUGUST 1992 Sc,l, �% CSMIP �_ 10, T° •' earthquake, centered about 69 km _— ! l. '° distant. J 1 — — — Ahk, ...o,e -- — •1- - U.S. Geological Survey National �.� -'. <`"1°": _ I _ ..,"•.•• _ Strong-Motion Program (NSMP) a • ,ls "°` ,• '�'i �� � T;,,., r instrumentation at more than 175 `°""`.. stations was triggered by the two f 'w I earthquakes, including those at three well-instrumented structures 1. 9u� _ _ V • _ in the San Bernardino area. Peak �w..- �' — " µms'- " -5-wa-,c t--1-^c3Pw t• E� 1_ l•- accelerations were recorded at --a_L " '�=--� {rr��' .•• !•�=-•o �� "•P°• Indio, 0.29 g, during the Landers earthquake, and at Forest Falls, 0.30 g, during the Big Bear ,L` earthquake. . w I q rL An accelerometer in the Lucerne y: •� % "..� 4��! a-r--� ---L `, 1 -'f1 - - P Valley area adjacent to the Camp r? ;=16' Rock-Emerson Fault near the north end of the rupture recorded the Landers earthquake. Preliminary Figure A-1 Selected CSMIP stations(dots) that recorded the June 28, 1992 earthquakes near peak acceleration readings from Landers and Big Bear Lake, in southern San Bernardino County. Locations of Landers and Big Bear epicenters are shown as stars. (CDMG CSMIP) the accelerogram, maintained by the Southern California Edison was recorded at an epicentral Law & Justice Center. This Company, were in the range of 0.8 Jistance of 10 km (Figure A-2). building is located approximately g to 1.2 g. The duration of strong 106 km from the Landers motion was in excess of 20 Palm Springs - 4-Story Hospital. epicenter. The peak acceleration seconds. Steel-frame building 43 km from at the f reef ield site was 0.12 g. the Landers epicenter. A peak The peak acceleration at the (Information included in this report acceleration of 0.07 g was foundation level below the provided by CDMG CSMIP, USGS recorded on the ground floor and isolators was 0.1 1 g; the peak NSMP, and an EQE International 0.23 g at the roof. Larger acceleration at the roof was 0.19 investigation team. EQE acceleration (over 0.60 g) and g. These peak accelerations are investigators include Ray Kincaid, shorter duration were recorded at similar to those during the 1990 Mark Pierepiekarz, Jack Wiggins, this building during the 1986 North Upland earthquake. This is the Ron Eguchi, Tom Roche, Charles Palm Springs earthquake. longest duration record obtained at Scawthorn, Doug Honegger, Hope this building. Peak accelerations Seligson, Craig Van Anne, Carl Rancho Cucamonga - Base Isolated were lower for the Big Bear Nelman, and Mike Salmon.) Big Bear Lake - Civic Center Grounds (CSMIP Station 22561) Record 22561-00302-92181.09 _ __ _...._ _ Max. 270°.._- — 0.48 g UP 21 3G0" _ v r��.,�(l �.Mr1�,�V�W'��W�nrJ4NVti, " ..�,..... ,.. r......H,- U 55 g ---------------�1—�--Y--------------------- 0 1 2 3 4 5 10 15 20 Sec. Figure A-2 Strong ground motion record of Big Bear earthquake recorded at CSMIP station on Big Bear Lake Civic Center Grounds, 10 km epicentral distance (CDMG CSMIP) EERI SPEC EARTHQUAKE REPORT- AUGUST 1992 Landers & Big Bear Earthquake Characteristics (This report was submitted by Paul Somerville, Woodward-Clyde Consul- tants, with the following note: "This article summarizes the available infor- mation about these two events col- lected at the time of this writing. This information was gathered from a large 9 number of sources, in addition to the authors, including press releases and �b personal interviews with geologists, 90 0 6 12 seismologists, and engineers from the U.S. Geological Survey, California Di- 10, �A' �s SCALE,mile: vision of Mines and Geology, California : OFFSET G<T 16'OFFSET Institute of Technology, nd other NEAR gy � BES ii DR MINE organizations. Current ongoing investi- gations by many of these individuals �F9s will undoubtedly produce refined and 0 more specific data and information 34 30' uPP�R + VALLEY : r 34.30. t regarding the Landers and Big Bear � JOHNSON earthquakes than presented here. \ EMERSON LAKE Geologic Setting Soy The Landers earthquake occurred along a series of north- to north- \ west-trending faults located in the western portion of California's : a ; Mojave Desert Physiographic Pro- : y'�, Vince. Primary ground rupture : 3a ,5' 34 15' ����LANOERS initiated along the Johnson Valley . . • . + +. . . . . fault and ro a ated to the north BLACK P P 9 MOUNTAIN along the Homestead Valley, Emer- son, and Camp Rock faults. These faults are part of a series of north- west-trending faults located east YUCCA •JOSHUA TREE •VALLEY of the San Andreas fault and \ between the east-west-trending Garlock fault on the north and the east-west-trending Pinto Mountain •MORONGO VALLEY fault on the south. The Big Bear earthquake occurred beneath the steep forested terrain Figure B-1 Preliminary map of the Landers earthquake surface rupture. (K. Sieh, Caltech) of the San Bernardino Mountains. No primary ground rupture has Earthquake Sequence 1975 M5.2 Galway Lake earth- been reported in this event. How- quake; the 1979 M4.9 Homestead ever, aftershock data and focal The region of the Landers earth- Valley-Johnson Valley earthquake, mechanism solutions are consis- quake has a history of seismic acti- which also resulted in ground tent with predominantly strike-slip vity. Earthquakes in the region rupture; and the 1986 M6.1 Palm faulting on a northeast-trending have included the 1946 M6.5 Springs earthquake. Since 1986, rupture plane. Desert Hot Springs earthquake; the this region of southern California 3 r EERI SPECIAL EARTHQUAKE REPORT- AUGUST 1992 has seen an increased amount of near Yucaipa toward the Camp The western Mojave Desert has seismic activity relative to the Rock and Emerson faults. The also experienced an increase in preceding historical record. rupture zones of the two earth- seismic activity, including an M5.1 quakes form a triangle about 70 earthquake on July 11, 1992, near Most recently, a precursor to the km on a side, with the Landers the junction of the Garlock and Landers event was the M6.1 Josh- rupture on the right side, the Big Sierra Nevada faults. ua Tree earthquake that occurred Bear rupture forming part of the on April 22, 1992 (see EERI News- left side, and two strands of the letter, May 1992). The Joshua San Andreas fault (the Mission Surface Faulting in the Tree earthquake ruptured north- Creek and Banning faults) on the Landers Earthquake ward from its epicenter east of base (Figure B-2). Desert Hot Springs on the southern The total length of surface faulting extension of the Johnson Valley The aftershocks of the Landers extended approximately 70 km, fault, but was apparently stopped earthquake have extended south of from west of Landers to the Rod- by the east-west Pinto Mountain the Pinto Mountain fault as far as man Mountains. Minor faulting fault, which offsets the northern the San Andreas fault. The after- was also noted by the CDMG and Johnson Valley fault about 2 km to shocks of the Big Bear earthquake USGS south of the east-west Pinto the west. have extended southwest as far as Mountain fault. Sympathetic the San Andreas fault, where a faulting has also been reported on The Big Bear earthquake was not magnitude 4.4 earthquake occured the Lenwood, Calico, Pisgah, Old preceded by any precursor events near Yucaipa. This earthquake's Woman Springs, and Superstition similar to those preceding the focal mechanism is consistent with Hills faults. In addition, 18 mm of Landers event. strike-slip faulting on the San creep was triggered on the San Andreas fault. Andreas fault in the Durmid-Mecca The Landers earthquake had an Hills area. unusually shallow preliminary focal Immediately following the Landers depth of 1-3 km. The earthquake earthquake, there was a substan- Primary ground rupture occurred began on the north side of the tial increase in the rate of occur- along a nearly continuous series of Pinto Mountain fault, resuming the rence of small earthquakes in the right-stepping, northwest-trending northward rupture of the Johnson Long Valley Caldera at Mammoth en echelon faults, in most places Valley fault but with a 2 km west- Lakes and in other regions on the connected by a north- to north- erly off-set relative to the Joshua east side of the Sierra Nevada, and east-trending fault (Riedel shears). Tree rupture. The Landers rupture at Lassen Peak and Mt. Shasta in propagated northward on the the Cascade Range further north. The main disturbance zone of the Johnson Valley fault, but then began a series of easterly steps across to the Homestead Valley, Emerson, and Camp Rock faults, to. ..............1 Y with the strike of each successive MACS\ 1' ° 0 00* fault bending further to the west, 35° as shown on Figure B-1 (K. Sieh, +,,� w �� MAUNITUI)f Caltech►. - •1 11 00♦ 50• Aftershocks closely follow the 40 `R��i `�^tii very 4' trend of the surface faulting, as ° °°° '96 ❑a s.o. 0+ seen on Figure B-2 (E. Hauksson, 30' '`fr a'4 F gs° ' 5.0♦ Caltech, and L. Jones, USGS). hrtP° "`�,,�r ys E• 0 ,4� 6.0' The epicenters of the aftershocks Io ` a-°. Pq;,d r form a continuous north- to north- ,mss\ " " `�' west-trending line extending from 10• "�% � m ° hc�y"11"y INTO yp'TAµ9_rA ' the San Andreas fault on the south '�: FA to the Camp Rock fault on the 34° BANNNG e north. zo ISM 4t s . F4 dl luj� luE CUy T FA _ The Big Bear earthquake occurred 30• 20• 10• 117° 50' 40' 30' 20' 10' 116. 50' 40' 30' at a focal depth of about 10 km Figure B-2 Location map of Landers and Big Bear epicenters (large stars) and aftershocks. and ruptured northeastward from (Caltech/USGS Pasadena) EERI SPEC. :ARTHQUAKE REPORT- AUGUST 1992 ground rupture was approximately 3 to 40 m across. Even where the Rupture Model of the fault trace was narrow without Landers Earthquake significant steps, subsidiary faulting and cracking appeared in From the analysis of both regional several places extending about 7 and worldwide seismograms, it ap- to 15 m from either side of the pears that large bursts of seismic fault. Primary ground rupture was energy were released at two loca- right-lateral strike-slip with an tions: one in the epicentral region average of approximately 3 meters near Landers, and the other (and of horizontal movement along most largest) 40 km northwest of the of the ruptured fault length, and epicenter on the Emerson Fault, t with a maximum of about 6 to 7 m coinciding with the largest surface X of strike-slip movement on the offset. These two rupture events Emerson fault across a road near are separated in time in worldwide Bessemer Mine Road, as shown on seismograms. The second event Figure B-3. Oblique and vertical had a seismic moment about three displacement of about 1 m oc- times as large as the first; the total curred mainly where the fault seismic moment was about 1 x bends. 1027 dyne-cm. The change in strike of the fault rupture from Across the area west of Landers, northerly in the first event to about the fault cut across a broad allu 30 degrees west of north for the vium plain. North of Landers, fault second event is also apparent in rupture largely coincided with the worldwide seismograms. mountain fronts, older fault scarps in alluvium, and other indicators of The distribution of slip along the 'y geologically recent fault activity. fault inferred by waveform in- + 'w About 80 percent of the surface version of seismograms from the :¢ , a.p rupture generally coincided with TERRAscope network is shown in „ X �; . a previously mapped fault traces. Figure B-4 (H. Kanamori, Caltech). The remaining 20 percent that was It is practically identical to the previously unmapped was mainly measured surface slip. It shows in alluvial filled valleys. large slip beginning about 3 km E 8 Slip along the Fault 4 !!r'' Z 2 -10 0 10 20 30 40 50 60 70 60 90 Distance (North from the Epicenter), km Figure B-3 Road near Bessemer Mine Road shows an offset of 5.5 m caused by fault slip. (T. Freeman, Woodward-Clyde Figure B-4 Distribution of slip along the rupture zone of the Landers earthquake inferred by Consultants) waveform inversion from the TERRAscope array. (H. Kanamori, Caltech) 5 EERI SPECIAL EARTHQUAKE REPORT- AUGUST 1992 north of the epicenter on the shown as a function of closest of the attenuation trends of the Landers fault and dying out distance to the surface rupture in Landers and Loma Prieta earth- abruptly about 18 km north of the Figure B-5. The peak acceleration quakes, more damage might have epicenter. Large slip resumes on attenuates smoothly to a value of been expected at large distances the Homestead Valley fault about about 0.1 g at about 50 km, but from the epicenter in the heavily 27 km north of the epicenter, and then has a more gradual decay populated regions of southern continues on the Emerson and from 50 to 150 km before rapidly California, as occurred in San Camp Rock faults, extending to attenuating again (the most distant Francisco and Oakland during the about 60 km north of the values are from digital TERRA- Loma Prieta earthquake. However, epicenter. These two regions of scope recordings). The shape of the Landers and Big Bear earth- large slip correspond closely in this attenuation function is like the quakes did not rupture toward the time separation and strength with one observed in the 1989 Loma population centers, as happened in the two pulses seen in the Prieta earthquake in the San the Loma Prieta earthquake, but worldwide seismograms. Francisco Bay area. The slow instead ruptured toward the decrease in the ground motions desert. Also, soft soils (like those Strong Ground Motions between 50 and 150 km may be on the edges of San Francisco due to the effect of waves re- Bay) that amplified relatively small Peak accelerations from subsets of flected from the base of the crust. rock motions of the Loma Prieta stations from the CSMIP, USGS, earthquake are less prevalent in and TERRAscope networks are Given the similarity in the shapes southern California. Soil Failure Apart from ground cracks caused by surface fault ruptures, instances of significant soil failure were 1 7 7 almost non-existent. The only significant reported earth structure + damage has been limited to cause- -------____ ways constructed on Big Bear Lake b o where lateral spreading was observed. tZ off + v Q p,o+q® q, The only known instances of soil cm 0.1 , + ooCID 7 liquefaction occurred near 0 0 40 Converse Flat and the east Baldwin o',o o Lake area near the Big Bear o ®o0 epicenter. The incidence of rock p ® slides was lower than expected, N especially near the Landers xQ earthquake, suggesting that the near-fault ground motions may not a o.ol o have been very severe in most locations. Surface faulting or I other forms of ground failure caused significant amounts of O Landers M7.4 structural damage. + BiS Bees M8.5 M7.4 Joyner and Boore,1B88 , (individuals involved in compiling information for this article include Paul Somerville, Yoshi Moriwaki, Tom o.00l 1 to loo Freeman, Dave Schug, and O.S. Closest Distance (km) Ghuman of Woodward-Clyde Consultants; and Gary Rasmussen of Gary S. Rasmussen & Associates. Sandy Gwinn provided valuable Figure 8-5 Peak horizontal acceleration shown as a function of closest distance to the surface administrative support.) rupture. (P. Somerville and N. Smith, Woodward-Clyde Consultants) a CERTIFIED COPY BEFORE THE MAYOR AND COMMON COUNCIL FOR THE CITY OF SAN BERNARDINO IN RE THE MATTER OF : ) PUBLIC HEARING: ) DEVELOPMENT AGREEMENT ) NO. 91 -01 TO GOVERN THE )- DEVELOPMENT OF A PHASED ) EXPANSION PROJECT AT ) INLAND CENTER MALL ) DATE AND TIME : MONDAY, OCTOBER 19 , 1992 , 2 : 10 P .M. PLACE: CITY COUNCIL CHAMBERS CITY HALL 300 N. D STREET SAN BERNARDINO, CALIFORNIA REPORTER: BETH C. DRAIN, RPR, CSR CERTIFICATE NO. 7152 BRS FILE NO. : 13367 r ser)zce 1065 North PacifiCenter Drive, Suite 150 Anaheim, California 92806 (714)666-2226 . (800)622-6092 . FAX(714)666-1155 2 APPEARANCES ESTHER R . ESTRADA . COUNCILMEMBER JACK R . REILLY , COUNCILMEMBER RALPH HERNANDEZ . COUNCILMEMBER MICHAEL MAUDSLEY . COUNCILMEMBER W. R . "BOB" HOLCOMB , MAYOR TOM MINOR , COUNCILMEMBER V . POPE- LUDLAM, COUNCILMEMBER NORINE MILLER , COUNCILMEMBER LARRY REED, CITY STAFF HENRY EMPENO, ASSISTANT CITY ATTORNEY SPEAKERS FROM THE PUBLIC MARLENE A . FOX TOM DODSON MARK OSTOICH 1065 North PacitiCenter Drive GarrZ�s'�er�S" Suite Anaheim,C itornia 92806 r�cr � service (714)666-2226 FAX(714)666-1155 1 (800)622-602 1 3 MAYOR AND COMMON COUNCIL 1 2 CITY OF SAN BERNARDINO 3 MONDAY , OCTOBER 19 , 1992 2 : 10 P .M. 4 5 6 COUNCILMEMBER MILLER : WE DO HAVE A QUORUM NOW. 7 AND WE ' RE BACK IN SESSION . IT ' S 2 O' CLOCK, AND WE WILL g BE TURNING TO PLANNING MATTERS , NO . 32 , A PUBLIC HEARING, 9 DEVELOPMENT AGREEMENT TO GOVERN THE DEVELOPMENT OF A 10 PHASED EXPANSION PROJECT AT INLAND CENTER MALL . 11 OKAY . BY A REQUEST , WE ' RE GOING TO TURN 12 BACK TO 29 . 13 (THE COUNCIL THEN RETURNED TO ITEM 29 , 14 WHICH WAS NOT REPORTED NOR HEREIN TRANSCRIBED. ) 15 COUNCILMEMBER MILLER : ITEM 32 . 16 MR . REED: I ' LL READ THE STAFF REPORT . THIS IS 17 A DEVELOPMENT AGREEMENT NO. 91 - 01 , INLAND CENTER MALL . 18 THE APPLICANT AND DEVELOPER REQUESTS APPROVAL OF A 19 DEVELOPMENT AGREEMENT TO GOVERN THE DEVELOPMENT OF A 20 PHASED EXPANSION AT INLAND CENTER MALL . THE MALL IS 21 LOCATED ON THE EAST SIDE OF THE 1 -215 FREEWAY , SOUTH OF 22 INLAND CENTER DRIVE AND WEST OF E STREET . 23 STAFF IS RECOMMENDING THAT THE MAYOR AND 24 COUNCIL ADOPT THE RESOLUTION WHICH ADOPTS THE NEGATIVE 25 DECLARATION , ADOPTS THE MITIGATION AND MONITORING REPORT 1065 North PacifiCenter Drive farrafnrs' Suite 150 Anaheim, California 92806 re�Gr 1r1� �er�ZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 c� 4 1 PROGRAM, AND APPROVES THE DEVELOPMENT AGREEMENT NO. 2 91 - 01 . 3 THE SPECIFIC PROPOSAL AND BACKGROUND: THE 4 DEVELOPER PROPOSES TO ADD AN ADDITIONAL 776 , 465 SQUARE 5 FEET , CONSISTING OF 540 . 000 SQUARE FEET IN UP TO THREE 6 NEW ANCHOR DEPARTMENT STORES AND 236 , 000 SQUARE FEET IN A 7 SECOND LEVEL TO THE MALL , AND UP TO FOUR PARKING g STRUCTURES ARE ALSO INCLUDED TO ACCOMMODATE THE NEED FOR 9 REQUIRED PARKING. 10 INLAND CENTER MALL WAS BUILT IN 1965 AND 11 CONSISTS OF APPROXIMATELY 985 , 883 SQUARE FEET . IT WILL 12 INCLUDE THREE DEPARTMENT STORES THAT ARE CONNECTED BY A 13 ONE- LEVEL MALL . THE SITE CONSISTS OF 62 . 5 ACRES WITH 14 4 . 400 PARKING SPACES . THE TOTAL GROSS SQUARE FEET UPON THE PROJECT COMPLETION WILL BE 1 , 762 , 348 . AND A TOTAL OF 15 16 7 . 420 PARKING SPACES . 17 THE INLAND CENTER MALL CONSISTS OF FOUR 18 PARCELS . PARCEL 1 CONTAINS SEARS , SEARS AUTOMOTIVE AREA . PARCEL 2 CONTAINS THE BROADWAY 19 CENTER , AND PARKING 20 AND THE PARKING AREA. PARCEL 3 CONTAINS THE MALL PORTION 21 ITSELF AND THE RELATED PARKING. PARCEL 4 CONTAINS THE 22 MAY COMPANY ., THE THEATER COMPLEX . AND THE REQUIRED 23 PARKING. THERE IS A RECIPROCAL EASEMENT OVER ALL THE 24 PARCELS . THE APPLICANT AND DEVELOPER OWNS PARCEL 3 AND 25 INTENDS TO UPGRADE AND EXPAND THE MALL PORTION AND UP TO 1065 North PacifiCenter Drive farrafez-,.r Suite 150 Anaheim, California 92806 rej0r /07 &rplce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 / C� � 5 1 TWO MAJOR DEPARTMENT STORES . 2 THE DEVELOPER ALSO INTENDS TO USE THEIR 3 BEST EFFORTS TO INDUCE THE OTHER PARCELS TO UPGRADE AND 4 REMODEL AND TO CONSTRUCT A THIRD MAJOR DEPARTMENT STORE 5 ON PARCEL NO. 2 . 6 THE APPLICANT IS SEEKING A COMMITMENT FROM 7 THE CITY IN TERMS OF APPROVAL OF THE EXPANSION PROJECT. 8 THIS IS REQUIRED IN ORDER FOR THEM TO SOLICIT COMMITMENTS 9 WITH RESPECT TO THE NEW DEPARTMENT STORES AND IN- LINE 10 TENANTS ; HOWEVER , THEY ARE NOT TO THE POINT OF HAVING ALL 11 THE SPECIFICS REQUIRED TO OBTAIN APPROVAL OF A 12 DEVELOPMENT PERMIT . SOME OF THOSE SPECIFICS WOULD CHANGE 13 BASED UPON THE FUTURE TENANT NEEDS , ESPECIALLY THE MAJOR 14 DEPARTMENT STORES . AND WILL BE DEFINED IN EACH PHASE . 15 STAFF WAS UNABLE TO APPROVE THE PROJECT 16 WITHOUT HAVING THESE SPECIFICS ; THEREFORE . THE 17 DEVELOPMENT AGREEMENT WAS DETERMINED TO BE THE MOST 18 APPROPRIATE TOOL TO GIVE THE APPLICANT THE COMMITMENT 19 THEY NEED FROM THE CITY , WHILE GIVING THE CITY THE 20 COMFORT LEVEL THAT THE PROJECT WILL COMPLY WITH 21 DEVELOPMENT REQUIREMENTS . 22 THE DEVELOPMENT AGREEMENT INCORPORATES BY 23 REFERENCE THE REQUIREMENTS OF THE DEVELOPMENT CODE . THE 24 MAIN ISSUES ARE SUMMARIZED IN THIS REPORT . 25 ANALYSIS : THE MALL IS DESIGNATED CR- 1 . 1065 North PacifiCenler Drive farrafe7_'r Suite 150 ,,�, Anaheim. California 92806 r 5GrfZn 5erP1ce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 6 1 COMMERCIAL REGIONAL . THIS DESIGNATION WAS ESTABLISHED 2 SPECIFICALLY TO ADDRESS THE TWO MALLS IN THE CITY . THE 3 GENERAL LAND USE ELEMENT GOALS , OBJECTIVES . AND POLICIES 4 ADDRESS INLAND CENTER MALL AND CENTRAL CITY MALL AS 5 PRINCIPAL REGIONAL- SERVING RETAIL CENTERS AND THE NEED TO 6 ENCOURAGE INTENSIFICATION AND UPGRADING. 7 THE ECONOMIC ANALYSIS FOR THE GENERAL PLAN 8 PROJECTED THE NEED FOR AN ADDITIONAL TWO MILLION PLUS 9 SQUARE FEET OF REGIONAL AND SUBREGIONAL SPACE BY THE YEAR 10 2010 . THIS PROJECT WILL PROVIDE ALMOST 800 . 000 SQUARE 11 FEET IN REGIONAL RETAIL SPACE . 12 THE ECONOMIC DEVELOPMENT ELEMENT GOALS , 13 OBJECTIVES , AND POLICIES ADDRESS THE PROVISION OF 14 REGIONAL MALL SPACE AS NECESSARY TO HELP THE CITY RETAIN 15 ITS ROLE AS A REGIONAL-SERVING CENTER . 16 THE GENERAL PLAN ESTIMATES A FLOOR AREA 17 RATIO OF 1 . 5 WITH A HEIGHT OF FOUR STORIES OR 52 FEET FOR 18 DEVELOPMENT IN CR- 1 . THE ULTIMATE PROJECT HAS A FLOOR 19 AIR RATIO OF . 65 WITH A HEIGHT NOT EXCEEDING 52 FEET . 20 THE DEVELOPMENT CODE PERMITS LOT COVERAGE OF 75 PERCENT. 21 AND THE ULTIMATE PROJECT IS APPROXIMATELY 65 PERCENT LOT 22 COVERAGE . 23 THE DEVELOPMENT AGREEMENT IS PROPOSED FOR A 24 THIRTY-YEAR TERM. THE INTENT IS THAT THE MALL WILL 25 CONTINUE AS A LEGAL CONFORMING STRUCTURE FOR THAT PERIOD 1065 North PacitiCenter Drive ��lrrle) er� Anaheim, California 0 92806 re er n �erT�lce ( i 714 666-2226 FAX(714)666-1155 1 (800)622-6092 7 1 OF TIME . 2 THE ACTUAL EXPANSION IS PROPOSED AS FOUR 3 PHASES RANGING FROM 1994 TO THE YEAR 2000 . EACH PROJECT 4 BY PHASE WILL BE PROCESSED THROUGH A DEVELOPMENT PERMIT 5 CONSISTENT WITH THE ESTABLISHED PROCESSING PROCEDURES . 6 AT THAT TIME THE SPECIFIC DEVELOPMENT CODE REQUIREMENTS 7 WILL BE ADDRESSED. EACH PHASE WILL INCLUDE THE NECESSARY g IMPROVEMENTS SUCH AS PARKING, LANDSCAPING . ETC . OTHER 9 APPLICATIONS SUCH AS PARCEL MAP OR LOT LINE ADJUSTMENTS 10 MAY ALSO BE PROCESSED CONCURRENTLY . 11 ALTHOUGH THE DEVELOPMENT AGREEMENT 12 ADDRESSES THE PROPOSED TIME FRAMES FOR DEVELOPMENT BY 13 PHASE (APPROXIMATELY AN EIGHT-YEAR BUILDOUT) , ADDITIONAL 14 LANGUAGE HAS BEEN INCLUDED THAT COMMITS THE APPLICANT TO 15 SHOW SUBSTANTIAL PROGRESS TOWARDS ACTUAL DEVELOPMENT 16 WITHIN THAT TIME FRAME . 17 THE DEVELOPMENT AGREEMENT PROVIDES FOR 18 COMPLETION OF PHASE I WITHIN TEN YEARS OF APPROVAL OF 19 THIS AGREEMENT AND PULLING OF BUILDING PERMITS FOR PHASE 20 II WITHIN 15 YEARS OF APPROVAL OF THE AGREEMENT. 21 THIS SHOULD ENSURE THAT THE ACTUAL 22 DEVELOPMENT OCCURS WITHIN A RELATIVELY TIMELY MANNER AND 23 THAT THE ENVIRONMENTAL ANALYSIS REMAIN VALID. 24 THIS PROJECT IS ALSO IMPACTED BY THE 1 -215 25 IMPROVEMENT PROJECT PROPOSED BY CALTRANS . SEVERAL 1065 North PacifiCenter Drive farrafnrs Suite 150 ' Anaheim, California 92806 r�ar 1r1� service (714)666-2226 FAX(714)666-1155 1 (800)622-6092 CJ 7 8 1 ALTERNATIVES HAVE BEEN IDENTIFIED, BUT THE ANALYSIS OF 2 THE IMPACTS HAVE NOT BEEN COMPLETED. THIS PRESENTS AN 3 AWKWARD SITUATION FOR THE PROJECT SUCH AS INLAND CENTER 4 MALL EXPANSION WHICH ARE PROPOSED TO OCCUR OVER SEVERAL 5 YEARS . ALL THE ALTERNATIVES HAVE SOME IMPACT ON THE 6 MALL , BUT THE EXTENT IS NOT KNOWN AT THIS TIME . 7 THE DEVELOPMENT AGREEMENT CONTAINS LANGUAGE 8 THAT COMMITS THE CITY TO SUPPORTING AN ALTERNATIVE THAT 9 PROVIDES DIRECT ACCESS TO THE INLAND CENTER DRIVE AND/OR 10 FROM ANY COLLECTOR DISTRIBUTOR ROAD. STAFF CONCURS THAT 11 THE 1 -215 IMPROVEMENT PROJECT SHOULD NOT ADVERSELY IMPACT 12 ACCESS AND THE ULTIMATE FUNCTIONING OF THE MALL AND 13 SUPPORTS THE LANGUAGE IN THIS AGREEMENT . 14 AN EXAMPLE OF AN ALTERNATIVE PREFERRED BY 15 THE APPLICANT IS ALSO INCLUDED. STAFF RECOMMENDS THAT A 16 COMMITMENT TO THE APPLICANT ' S PREFERRED ALTERNATIVE NOT 17 BE MADE AT THIS TIME . 18 THE APPLICANT WILL PROVIDE PARKING BY 19 PHASE . IN CONJUNCTION WITH THE PROPOSED DEVELOPMENT, 20 PROPOSED PARKING, ADDED TO THE EXISTING PARKING, WILL 21 EXCEED CODE REQUIREMENTS AT BUILDOUT . THE DEVELOPMENT 22 AGREEMENT CONTAINS LANGUAGE AND ADDRESSES THE LOSS OF 23 PARKING DUE TO FREEWAY WIDENING AND PROVIDES FOR ITS 24 REPLACEMENT , IF NECESSARY . IT IS NOT ANTICIPATED THAT 25 THE FREEWAY WIDENING WILL REMOVE PARKING TO THE EXTENT 1065 North PacifiCenler Drive farrzxfer�- Suite 150 Anaheim, California 92806 r 1�0r Z5 service (714)666-2226 FAX(714)666-1155 1 (800)622-6092 9 1 THAT IT FALLS BELOW THE CODE REQUIREMENTS . 2 ONE OF THE MITIGATION MEASURES REQUIRED IS 3 ESTABLISHMENT OF A HUNDRED PARK AND RIDE FACILITY IN THE 4 MALL PARKING LOT . WITH APPROXIMATELY 370 EXTRA PARKING 5 SPACES AT BUILDOUT , THIS WILL NOT IMPACT PARKING. 6 LANDSCAPING: THE DEVELOPMENT AGREEMENT 7 INCORPORATES PROVISIONS OF THE DEVELOPMENT CODE 8 PERTAINING TO LANDSCAPING REQUIREMENTS . EXISTING 9 LANDSCAPING WILL BE MAINTAINED AS MUCH AS POSSIBLE AND 10 COORDINATED WITH NEW LANDSCAPING . MATURE TREES THAT HAVE 11 TO BE REMOVED TO ACCOMMODATE THE DEVELOPMENT WILL BE 12 RELOCATED ON-SITE AS MUCH AS POSSIBLE . 13 THE MALL MAINTAINS LANDSCAPING ALONG THE 14 EASTERN PERIMETER OF THE PARKING LOT THAT IS LOCATED ON 15 THE FLOOD CONTROL DISTRICT RIGHT-OF-WAY . THE DEVELOPMENT 16 AGREEMENT PROVIDES FOR CONTINUED MAINTENANCE OF 17 LANDSCAPING AND PARTIAL CREDIT FOR MEETING THE OVERALL 18 LANDSCAPING REQUIREMENTS . 19 THIS PROPOSAL IS ALSO IN THE FREEWAY 20 CORRIDOR OVERLAY . CHAPTER 19 . 14 OF THE DEVELOPMENT CODE 21 CONTAINS ADDITIONAL REQUIREMENTS FOR THESE PROPERTIES 22 THAT ARE ADJACENT TO THE FREEWAY . THE INTENT OF THE 23 FREEWAY CORRIDOR OVERLAY WAS TO ENSURE THE PROJECTS 24 ADJACENT TO THE FREEWAY PRESENT A PLEASING VIEW TO THE 25 FREEWAY TRAVELERS . THE KEY REQUIREMENTS ARE SIGNAGE AND 1065 North PacifiCenter Drive ��lrrlc� erc� Suite 150 Anaheim, California 92806 15/107 Z0 �S'erJZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 j 10 WON 1 LANDSCAPING . THE DEVELOPMENT AGREEMENT ADDRESSES THE 2 3 PROVISION OF A 25 - FOOT LANDSCAPED SETBACK ALONG THE 4 FREEWAY CONSISTENT WITH THE DEVELOPMENT CODE AND 5 KNOWLEDGE THAT THE LOCATION OF THE BUFFER COULD IMPACT 6 THE MALL PERIMETER ROAD AND/OR PARKING, DEPENDING ON THE 7 ULTIMATE FREEWAY WIDENING PROJECT SELECTED - - ALTERNATIVE g SELECTED. 9 IT IS PROPOSED THAT THE CITY WILL NOT 10 UNREASONABLY WITHHOLD APPROVAL OF PLACING THE BUFFER ON 11 PUBLIC PROPERTY ACCOMMODATION AND/OR A COMBINATION OF 12 PUBLIC AND PRIVATE PROPERTY . 13 STAFF CONCURS WITH THIS PROPOSAL BECAUSE WE 14 WANT TO ENSURE THAT THE BUFFER IS COMPLETED WHILE NOT ® ING PROJECT CIRCULATION . CIRCULATION BEING THE 15 IMPACT 16 PRIMARY FACTOR . WE FEEL THE PROPOSAL IS CONSISTENT WITH 17 THE INTENT OF THE DEVELOPMENT CODE . 18 ANOTHER ASPECT WE LOOKED AT WAS TRAFFIC AND 19 CIRCULATION . THE INITIAL STUDY PREPARED FOR THE PROJECT 20 IDENTIFIED POTENTIAL IMPACTS TO TRAFFIC AND CIRCULATION . 21 SEVERAL SUBSTANTIAL MITIGATION MEASURES WERE IDENTIFIED 22 TO REDUCE THE IMPACTS TO A LEVEL OF INSIGNIFICANCE . 23 THOSE MITIGATION MEASURES ARE REQUIRED AT EACH PHASE OF 24 DEVELOPMENT AND SOME CONTINUE AFTER BUILDOUT . 25 THE DEVELOPMENT AGREEMENT CONTAINS LANGUAGE 1065 North PacitiCenter Drive farrafnr�- Suite 150 Anaheim, California 92806 Tlcrf,07 �S'er�lce (714)666-2226 FAX(714)666-1 155 1 (800)622-609 11 1 PERTAINING TO A POSSIBLE WESTERLY EXTENSION OF CENTRAL 2 AVENUE . WHILE STAFF WOULD NOT - - WHILE STAFF WOULD 3 PREFER THAT ALL REFERENCE TO CENTRAL AVENUE BE DELETED 4 FROM THE AGREEMENT . THE DEVELOPMENT AGREEMENT DOES NOT 5 REQUIRE COMMITMENT ON THE PART OF THE CITY . 6 THE PERIMETER ROAD AROUND THE MALL IS 7 PROPOSED TO REMAIN UPON ULTIMATE DEVELOPMENT , WHICH STAFF 8 CONCURS WITH . THE ROAD PROVIDES ACCESS TO ALL AREAS OF 9 THE MALL AND PARKING LOT . IT MAY BE IMPACTED BY THE 10 FREEWAY WIDENING; HOWEVER . THE EXTENT IS NOT KNOWN . AS 11 ADDRESSED IN THE 1 -215 IMPROVEMENT PROJECT SECTION OF 12 THIS REPORT . STAFF CONCURS THAT THE CITY SHOULD SUPPORT 13 AN ALTERNATIVE WHICH HAS THE LEAST OVERALL IMPACT . WE 14 FEEL THE PERIMETER ROAD IS AN IMPORTANT CONSIDERATION . 15 SIGNAGE : THE APPLICANT PROPOSES TO PROCESS 16 AN AMENDMENT TO THE DEVELOPMENT CODE PERTAINING TO 17 SIGNAGE IN CR- 1 . COMMERCIAL REGIONAL LAND USE DISTRICTS ., 18 AS ADDRESSED IN EXHIBIT H OF THE DEVELOPMENT AGREEMENT . 19 THE DEVELOPMENT CODE DOES NOT DIFFERENTIATE BETWEEN USES 20 WITHIN THE FREEWAY CORRIDOR OVERLAY AND DOES NOT 21 DIFFERENTIATE BETWEEN CR- 1 AND OTHER COMMERCIAL LAND USE 22 DISTRICTS . 23 STAFF CONCURS THAT THE INLAND CENTER MALL 24 CAN BE LOOKED AT DIFFERENTLY FROM FREEWAY ADJACENT USES 25 BECAUSE OF ITS REGIONAL-SERVING FUNCTION AND ITS SHEAR 1065 North PacitiCenter Drive farrzxferx- Suite 150 Anaheim. California 92806 re 0rfjn &1-y)zce (714)666-2226 FAX(714)666-1 155 1 (800)622.6092 12 1 SIZE . STAFF ALSO CONCURS THAT SIGNAGE OPPORTUNITIES FOR 2 CR- 1 DESIGNATION SHOULD NOT BE DIFFERENT FROM OTHER 3 COMMERCIAL DESIGNATIONS . THE CHANGES BEING CONSIDERED 4 HAVE NOT BEEN FULLY IDENTIFIED AT THIS TIME : HOWEVER . 5 STAFF WOULD SUPPORT AN AMENDMENT TO THE CODE REQUIREMENTS 6 WITHIN REASON . 7 CALIFORNIA ENVIRONMENTAL QUALITY ACT OR g CEQA STATUS : TOM DODSON AND ASSOCIATES PREPARED THE 9 INITIAL STUDY FOR THIS PROJECT . THE ENVIRONMENTAL REVIEW 10 COMMITTEE RECOMMENDED A MITIGATED NEGATIVE DECLARATION AT 11 THEIR MEETING ON MARCH 19 , 192 . THE INITIAL STUDY AND 12 PROPOSED NEGATIVE DECLARATION WERE AVAILABLE FOR PUBLIC 13 REVIEW FROM MARCH 24 , ' 92 . THROUGH APRIL 23 . ' 92 . 14 THE KEY AREAS OF CONCERN WERE TRAFFIC AND 15 CIRCULATION , AS PREVIOUSLY ADDRESSED , AND AIR QUALITY . 16 POTENTIAL IMPACTS TO AIR QUALITY WERE IDENTIFIED IN THE 17 INITIAL STUDY DUE TO THE OVERALL POOR AIR QUALITY IN THE 18 AREA. THE MITIGATION MONITORING REPORT PROGRAM CONTAINS 19 SUBSTANTIAL MEASURES THAT ADDRESS CONSTRUCTION RELATED 20 IMPACTS AND PROJECT IMPACTS . 21 THE PROPOSED NEGATIVE DECLARATION WAS 22 SUBMITTED TO THE STATE CLEARINGHOUSE FOR REVIEW SINCE IT 23 MET CEQA CRITERIA FOR POTENTIAL REGIONAL SIGNIFICANCE . 24 COMMENTS WERE RECEIVED FROM THE CALIFORNIA 25 REGIONAL WATER QUALITY CONTROL BOARD , SAN BERNARDINO 1065 North PaciliCenter Drive farrisfei-.r Suite 150 �erpZce Anaheim. California 92806 rl�c 1 (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 13 1 COUNTY TRANSPORTATION AND FLOOD CONTROL DEPARTMENT 2 PERTAINING TO THE REQUIREMENTS FOR A NPDES PERMIT . THE 3 FLOOD CONTROL DISTRICT ALSO COMMENTED ON DRAINAGE . 4 COMMENTS WERE ALSO RECEIVED FROM CALTRANS , 5 DISTRICT 8 . QUESTIONING THE ADEQUACY OF THE TRAFFIC STUDY 6 AND ITS CONCLUSIONS . 7 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 8 SUBMITTED COMMENTS QUESTIONING THE AIR QUALITY IMPACT 9 ANALYSIS . 10 THE COMMENTS RECEIVED AND RESPONSES ARE 11 INCLUDED AS ATTACHMENT E TO THIS REPORT . ADDITIONAL 12 ANALYSIS AND/OR MITIGATION MEASURES ARE INCLUDED WHERE 13 DEEMED APPROPRIATE . COPIES OF THE RESPONSES WERE ® 14 DISTRIBUTED TO THE COMMENTING AGENCIES , AND NO FURTHER 1l 15 COMMENTS WERE RECEIVED BY THE CITY . 16 A MITIGATION AND MONITORING REPORT PROGRAM 17 WAS SUBSEQUENTLY PREPARED AND IS ADDRESSED IN THE TEXT OF 18 THE DEVELOPMENT AGREEMENT AND IS INCLUDED AS EXHIBIT G OF 19 THIS AGREEMENT . 20 CITY REVIEW: THE DEVELOPMENT AGREEMENT HAS 21 BEEN REVISED THROUGHOUT THE REVIEW PROCESS TO INCLUDE 22 RECOMMENDATION OF THE VARIOUS CITY DEPARTMENTS . THE 23 DEVELOPMENT REVIEW COMMITTEE RECOMMENDED APPROVAL . 24 NO COMMENTS WERE RECEIVED OTHER THAN THOSE 25 ADDRESSED IN THE CEQA STATUS SECTION OF THIS REPORT . 1065 North PacifiCenter Drive farrz�fers- Suite 150 Anaheim, California 92806 r��r Zr1l/ ;serpzce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 14 r 1 STAFF ' S CONCLUSION : THE PROPOSED 2 DEVELOPMENT AGREEMENT IS CONSISTENT WITH THE GOALS . 3 OBJECTIVES , AND POLICIES OF THE GENERAL PLAN IN THAT IT 4 PROVIDES REGIONAL SHOPPING OPPORTUNITIES AND WILL HELP 5 THE CITY TO MAINTAIN ITS LEADING ROLE IN THE INLAND 6 EMPIRE . IT IS ALSO CONSISTENT WITH THE DENSITY 7 INTENSIFICATION POLICIES AND DESIGN POLICIES AS SET FORTH 8 BY THE COUNCIL IN THE CITY ' S GENERAL PLAN . 9 THE PROPOSED DEVELOPMENT AGREEMENT IS 10 CONSISTENT WITH THE STANDARDS AND THE DESIGN GUIDELINES 11 IN THE DEVELOPMENT CODE . COMPLIANCE WITH THE MITIGATION 12 MEASURES WILL ENSURE THAT ALL POTENTIAL ADVERSE IMPACTS 13 WILL BE MITIGATED TO A LEVEL OF INSIGNIFICANCE . 14 PLANNING COMMISSION RECOMMENDED ON 15 SEPTEMBER 8 , ' 92 - - HELD A PUBLIC HEARING ON SEPTEMBER 8 , 16 ' 92 , TOOK PUBLIC INPUT, APPROVED THE PROJECT IN CONCEPT, 17 AND CONTINUED TO ENABLE THE APPLICANT TO REVISE THE 18 DEVELOPMENT AGREEMENT TO INCORPORATE STAFF ' S 19 RECOMMENDATIONS . 20 ON SEPTEMBER 22 . ' 92 . THE PLANNING 21 COMMISSION RECOMMENDED ADOPTION OF THE NEGATIVE 22 DECLARATION , MITIGATION MONITORING REPORTING PROGRAM. AND 23 APPROVAL OF THE DEVELOPMENT AGREEMENT TO THE CITY 24 COUNCIL . 25 AND WITH THAT. I ' LL CONCLUDE THE STAFF 0 1065 North PacitiCenter Drive farr i c s 2 cers� Suite 150 Anaheim, California 92806 r5/107-160 �'ervlce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 15 0 1 REPORT . 2 MAYOR HOLCOMB : COUNCILMAN MINOR . 3 COUNCILMEMBER MINOR : I HAVE ONE QUESTION . I 4 WONDER , THE COURT REPORTER HERE TAKING THE MEETING, I 5 WONDER WHAT ' S THE NECESSITY OF THAT . THE REASON . 6 MR . REED: I KNOW THAT THERE ' S A COURT REPORTER 7 HERE . I KNOW THERE ' S AN ATTORNEY WITH THE COURT 8 REPORTER . WHAT STATUS OR WHY THEY ' RE HERE . I DON 'T HAVE 9 ANY INFORMATION . IT WAS ONE OF THE REASONS WHY I FELT IT 10 WAS NECESSARY TO READ MOST OF THE REPORT . 11 COUNCILMEMBER MINOR : I UNDERSTAND THAT . I 'M 12 JUST CONCERNED THAT USUALLY WHEN THERE ' S SOMETHING LIKE 13 THAT. THAT INDICATES THERE ' S A PROBLEM SOMEPLACE ALONG 14 THE LINE . IF THERE IS , I WANT TO KNOW ABOUT IT AHEAD OF 15 TIME . 16 MAYOR HOLCOMB: NOT NECESSARILY . IT ' S NOT 17 UNCOMMON ON ANY MAJOR DEVELOPMENT TO GET THE BEST RECORD 18 POSSIBLE . AND IT ' S JUST AN OUNCE OF CAUTION SOMETIMES 19 BECAUSE YEARS FROM NOW SOMEONE TRYING TO SORT OUT THE 20 RECORD MIGHT HAVE DIFFICULTY . BUT IF YOU HAVE A 21 REPORTER ' S TRANSCRIPT. THERE ' S NOTHING UNUSUAL ABOUT 22 THAT . 23 OPEN THE PUBLIC HEARING - - 24 COUNCILMEMBER MILLER : THE APPLICANTS . 25 MR . REED: THE APPLICANTS AND HIS CONSULTANTS 1065 North PacifiCenter Drive farraferc ' Suite 150 Anaheim, California 92806 relar ,5 &rvace (714)666-2226 FAX(714)666-1155 1 (800)622-6092 l cJ WK 16 1 ARE HERE . - 2 MAYOR HOLCOMB : WE HAVE A LOT OF THINGS TO DO 3 HERE . FIRST OF ALL , ANYONE WHO ' S OPPOSED TO THIS PROJECT 4 OR ANYTHING IN THE RESOLUTION , LET ' S HEAR IT FROM THE I 5 OPPOSITION . ANYONE HERE WHO WISHES TO OPPOSE THIS 6 RESOLUTION PLEASE COME FORWARD , STATE YOUR NAME AND 7 ADDRESS , AND YOUR JOB , AND WHAT YOU ARE OPPOSING. 8 - MS . FOX : MR . MAYOR , MEMBERS OF THE COUNCIL , MY 9 NAME IS MARLENE FOX . I 'M AN ATTORNEY . MY OFFICE ADDRESS 10 IS 2031 ORCHARD DRIVE IN SANTA ANA HEIGHTS . AND I 11 REPRESENT THE CAROUSEL MALL MERCHANTS ASSOCIATION . AND. MR . MAYOR , I 'M NOT TERRIBLY FAMILIAR 12 13 WITH YOUR PROCEDURE , BUT I WOULD BE INTERESTED IN HEARING 14 THE APPLICANT ' S PRESENTATION . 15 MAYOR HOLCOMB: NO. WE GO BY THE - - FIRST BY 16 OPPOSITION . WE HAVE A STAFF RECOMMENDATION , AND WE WANT 17 TO HEAR WHAT YOU HAVE AGAINST THAT RECOMMENDATION . 18 MS . FOX : OKAY . I ' D LIKE TO START BY FIRST 19 SAYING THAT THE OPPOSITION THAT ' S BEING REGISTERED TODAY 20 IS BASED ON AN ABSENCE OF INFORMATION . BY THAT I MEAN IT 21 IS OUR FEELING, AFTER SUBSTANTIAL REVIEW. THAT THERE IS A 22 GREAT DEAL OF INFORMATION , THAT IS NEEDED IN ORDER TO 23 MAKE THIS DECISION . THAT IS MISSING. 24 MAYOR HOLCOMB : LET ' S TRY TO CURE ONE THING AT A 25 TIME . HOW MUCH TIME YOU THINK YOU NEED TO GET THIS 0 1065 North PacifiCenler Drive Suite 150 Anaheim,California 92806 re��r Zr1l/ �'ervzce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 t00%" ® 17 1 INFORMATION? 2 MS . FOX : NINETY DAYS AT LEAST . 3 MAYOR HOLCOMB : WHY 90 DAYS? 4 MS . FOX : BECAUSE THERE ARE A LOT OF - - THERE ' S 5 A LOT OF MATERIAL HERE THAT ' S MISSING. 6 MAYOR HOLCOMB : FOR EXAMPLE? 7 MS . FOX : GEOLOGICAL AND SEISMICITY ISSUES , 8 TRAFFIC INFORMATION . AIR QUALITY INFORMATION . 9 MAYOR HOLCOMB : WHY WOULD THAT BE A CONCERN - - 10 MS . FOX : HYDROLOGY . 11 MAYOR HOLCOMB : WHY WOULD THAT BE A CONCERN TO 12 CENTRAL CITY MALL? 13 MS . FOX : BECAUSE THEY ' RE IMPACTED BY ANYTHING 14 THAT GOES ON IN THE CITY , MR . MAYOR . - 15 MAYOR HOLCOMB : NOT THE - - THE ENVIRONMENTAL 16 ISSUES HAVE ALREADY BEEN LOOKED AT VERY CAREFULLY , AND 17 THIS SOUNDS AS IF YOU ARE JUST TRYING TO STALL AND DELAY 18 FOR - - TO TRY TO - - BECAUSE OF COMPETITION THAT ' S 19 PRESENT. 20 MS . FOX : I DON 'T THINK YOU HAVE ANY WAY TO KNOW 21 WHAT WE ' RE TRYING TO DO UNTIL YOU GIVE ME AN OPPORTUNITY 22 TO SPEAK . 23 MAYOR HOLCOMB : I JUST WANTED TO KNOW HOW MUCH 24 TIME YOU NEED TO GET INFORMATION . THAT SEEMS LIKE AN 25 UNUSUALLY LONG TIME FOR ANYONE AS INTELLIGENT AS AN 1065 Norl!: PacifiCenter Drive farrixfers" Suite 150 Anaheim. California 92806 151:10,r-f,57 er�Jlce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 18 1 ATTORNEY REPRESENTING THE CENTRAL CITY MALL 1 KNOW WOULD 2 BE . 3 MS . FOX : MERCHANTS ASSOCIATION , MR . MAYOR . 1 4 REPRESENT CAROUSEL MALL MERCHANTS ASSOCIATION . THOSE ARE 5 ALL THE RETAIL SHOP OWNERS IN THE MALL . 6 MAYOR HOLCOMB : WHAT OTHER GROUNDS ARE YOU 7 OPPOSED TO THIS OTHER THAN LACK OF INFORMATION? g - MS . FOX : WELL , WHY DON 'T I START WITH READING A 9 LETTER FROM THE ASSOCIATION. DO I HAVE PERMISSION TO DO 10 THAT? IT' S ADDRESSED TO THE COUNCIL . 11 MAYOR HOLCOMB : YOU HAVE A COPY OF THAT? MIGHT 12 MAKE IT A LITTLE EASIER . 13 MS . FOX : I DO HAVE COPIES , YES , I DO, AND I ' D 14 LIKE TO READ THIS INTO THE RECORD. 15 MAYOR HOLCOMB : GIVE US COPIES AND THEN WE CAN 16 FOLLOW A LITTLE EASIER . 17 MS . FOX : THIS LETTER IS WRITTEN BY THE 18 PRESIDENT OF THE ASSOCIATION, MR . ROSAS , AND IT ' S 19 ADDRESSED TO THE HONORABLE W. R . "BOB" HOLCOMB , MEMBERS 20 OF THE COMMON COUNCIL , CARE OF CITY CLERK , REGARDING ITEM 21 32 , THE DEVELOPMENT - - SAYS AGENDA. SHOULD SAY - - 22 AGREEMENT 91 -01 ON THE INLAND CENTER EXPANSION PLAN . 23 "DEAR MAYOR AND COUNCIL : TODAY YOU ARE 24 BEING ASKED TO APPROVE A NEGATIVE DECLARATION FOR A 25 776 , 465 SQUARE FOOT EXPANSION OF INLAND CENTER AS ITEM 32 1065 North PacifiCenter Drive far7-zsfe7-x-' Suite 150 Anaheim, California 92806 r�0r ,5 AerTlZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 l 19 1 ON THE AGENDA WITHOUT ADEQUATE INFORMATION TO DETERMINE .,.� 2 THE CONSEQUENCES OF YOUR ACT . "THIS IS A PROJECT OF MAJOR MAGNITUDE AND 3 4 SIGNIFICANT POTENTIAL IMPACT . BOTH POSITIVE AND NEGATIVE , 6 ON THIS COMMUNITY . IT IS THE LARGEST SCALE SINGLE 6 COMMERCIAL PROJECT IN THE CITY OF SAN BERNARDINO SINCE 7 1972 . IT MAY BE THE LARGEST PROJECT CONTEMPLATED IN THIS g CITY SINCE THE ADOPTION OF THE NATIONAL ENVIRONMENTAL 9 PROTECTION ACT . NEPA, AND THE CALIFORNIA ENVIRONMENTAL 10 QUALITY ACT , CEQA . 11 " IT IS THE TYPE OF PROJECT ENVISIONED BY 12 BOTH NATIONAL AND STATE ENVIRONMENTAL LEGISLATION FOR 13 FULL EVALUATION OF POTENTIAL ADVERSE ENVIRONMENTAL 14 IMPACT . --- "YOU HAVE NOT BEEN PROVIDED WITH ANY 15 16 INFORMATION REGARDING THE POTENTIAL ADVERSE ECONOMIC 17 IMPACT OF THIS PROJECT . THESE ARE THE MOST SERIOUS TIMES 18 OF ECONOMIC HARDSHIP THAT HAVE FACED RETAILERS SINCE THE 19 DAYS OF THE GREAT DEPRESSION . YOU ARE BEING ASKED TO 20 APPROVE A NEGATIVE DECLARATION WITHOUT EVEN CONSIDERING 21 ANY OF THE ECONOMIC IMPACTS ON MERCHANTS IN THE HIGHLAND 22 AVENUE RETAIL CORRIDOR , THE BASELINE RETAIL CORRIDOR . 23 MOUNT VERNON AVENUE RETAIL CORRIDOR . THE NEW WESTSIDE 24 SHOPPING PLAZA, THE 40TH STREET AND STATE COLLEGE 25 SHOPPING AREAS , THE RETAIL PORTIONS OF COMMERCE CENTER . 1065 North PacifiCenter Drive farraferr Suite 150 Anaheim. California 92806 Tlcr-fZ57 Aeroice (714)666-2226 FAX(714)666-1 155 1 (800)622-6092 20 1 TRI -CITY AND VALLEY PROJECTS . AND LAST . BUT NOT LEAST , 2 THE DOWNTOWN RETAIL CORE . 3 " IT IS INCOMPREHENSIBLE THAT YOU ARE ASKED 4 TO APPROVE A PROJECT OF THIS SCOPE IMMEDIATELY ADJACENT i 5 TO THE MOST ACTIVE EARTHQUAKE FAULT IN SOUTHERN 6 CALIFORNIA WITH GROUNDWATER 10 FEET BELOW THE SURFACE 7 LEVEL IN AN IDENTIFIED LIQUEFACTION ZONE AND WITH NO DATA 8 WHATSOEVER REGARDING ECONOMIC EFFECTS ON EXISTING 9 BUSINESSES AND. IF THOSE BUSINESSES ARE ADVERSELY 10 AFFECTED , THE ECONOMIC IMPACTS ON THE CITY ' S TAX 11 REVENUES . 12 "AS OUR LEGISLATIVE LEADERS , YOU SHOULD 13 TAKE A PROACTIVE ROLE IN SUPPORTING EXISTING BUSINESS . 14 IN FACT , A RESOLUTION FROM THIS COUNCIL SUPPORTING 15 WORKERS ' COMPENSATION REFORM TO THE STATE LEGISLATURE 16 WOULD BE HELPFUL TO ALL BUSINESSES IN THE CITY . 17 "WHEN TYLER MALL RECENTLY ADDED A SECOND 18 LEVEL AND MAJOR DEPARTMENT STORES TO THEIR CENTER , A FULL 19 ENVIRONMENTAL IMPACT REPORT WAS REQUIRED BY THE CITY OF 20 RIVERSIDE . SEVERAL YEARS BACK WHEN MONTCLAIR PLAZA 21 DOUBLE-DECKED AND ADDED MAJOR DEPARTMENT STORES , A 22 FOCUSED ENVIRONMENTAL IMPACT REPORT WAS REQUIRED OF THE 23 CITY OF MONTCLAIR . THE CITY OF MORENO VALLEY REQUIRED AN 24 ENVIRONMENTAL IMPACT REPORT FOR THE MORENO VALLEY MALL 25 AND TOWNGATE CENTER PROJECT PLAN . 1065 North PacifiCenter Drive Garr1� er� Suite 150 Anaheim, California 92806 re`JGr 1r1� xervice (714)666-2226 FAX(714)666-1 155 1 (800)622-6092 -L (:J "7 21 1 "THESE FACTS HAVE NOT HERETOFORE BEEN 2 PROVIDED TO YOU . WITHOUT THE DATA REQUIRED BY AN EIR . 3 THERE IS NO ASSURANCE THAT FULL PUBLIC KNOWLEDGE OF 4 POTENTIALLY ADVERSE ENVIRONMENTAL IMPACTS WILL BE 5 ACHIEVED , NOR THAT YOU , AS THE DECISION MAKER , WILL HAVE 6 ALL THE INFORMATION AVAILABLE TO YOU TO MAKE A SOUND 7 DECISION . " AND I WOULD ADD TO THAT A SOUND INFORMED 8 DECISION . 9 "YOU SHOULD NOT BE ASKED TO MAKE DECISIONS 10 OF THIS MAGNITUDE WHICH AFFECTS THE PUBLIC INTEREST 11 WITHOUT FULL COMPLIANCE WITH EXISTING ENVIRONMENTAL LAW 12 AND COMPLETE KNOWLEDGE OF THE CONSEQUENCES OF SUCH 13 ACTION . THEREFORE , I REQUEST THAT YOU CONTINUE THIS 14 MATTER FOR A PERIOD OF 90 DAYS FOR STAFF" - - THAT ' S CITY 15 STAFF - - "TO REEVALUATE WHETHER AN ENVIRONMENTAL IMPACT 16 REPORT SHOULD BE REQUIRED BASED ON THE FOLLOWING FINDINGS 17 OF FACT: 18 "NO. 1 , THE EXPANSION PLAN FOR INLAND 19 CENTER PROPOSES 776 , 465 SQUARE FEET OF NEW RETAIL AREA 20 WITHIN THE CITY OF SAN BERNARDINO . 21 "NO. 2 , SURROUNDING COMMUNITIES WITH 22 PROJECTS OF SIMILAR MAGNITUDE , SUCH AS MORENO VALLEY , 23 RIVERSIDE , AND MONTCLAIR . HAVE ALL REQUIRED ENVIRONMENTAL 24 IMPACT REPORTS . 25 "NO. 3 , A NEGATIVE DECLARATION FOR A 1065 North PacifiCenter Drive farraferx- Suite 150 Anaheim, California 92806 r �r Zr1lj �er�ZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 C� F 22 1 PROJECT OF THIS SCOPE DOES NOT PROVIDE THE SAME 2 OPPORTUNITY FOR PUBLIC COMMENT AND 114PUT AS AN 3 ENVIRONMENTAL IMPACT REPORT . 4 "NO. 4 . NO ECONOMIC ANALYSIS OF POTENTIAL 5 EFFECTS ON OTHER BUSINESS AREAS OF THE CITY WAS DONE IN 6 SUPPORT OF THE NEGATIVE DECLARATION . THEREFORE , 7 INADEQUATE INFORMATION CURRENTLY EXISTS ON THE POTENTIAL 8 ADVERSE ECONOMIC IMPACT OF THIS PROJECT ON THE BUSINESS 9 COMMUNITY AND THE CITY OF SAN BERNARDINO. 10 "NO. 5 , ALTERNATIVES TO THIS PROJECT HAVE 11 NOT BEEN ADEQUATELY EXPLORED AS WOULD BE REQUIRED WITH AN 12 ENVIRONMENTAL IMPACT REPORT . 13 "NO . 6 , NEW GEOLOGIC DATA ESSENTIAL TO THE 14 DESIGN OF THIS PROJECT WAS NOT AVAILABLE AT THE TIME OF 15 THE SEPTEMBER 6 , 1991 , LIQUEFACTION REPORT BY LAW 16 CRANDALL . 17 "WE RESPECTFULLY REQUEST THAT YOU CONSIDER 18 THE ABOVE INFORMATION BY MAKING THE FAR-REACHING DECISION 19 THAT IS BEFORE YOU. YOURS TRULY , PRESIDENT. CAROUSEL 20 MALL MERCHANTS ASSOCIATION INCORPORATED. " 21 AND I HAVE A NUMBER OF THINGS THAT I WOULD 22 LIKE TO ADD TO THAT DISCUSSION , MR . MAYOR . FIRST , I ' D 23 LIKE TO BRING TO YOUR ATTENTION AND GIVE YOUR CITY 24 ATTORNEY AN OPPORTUNITY TO MAKE NOTE OF THE CASE CITIZENS 25 ASSOCIATION FOR SENSIBLE DEVELOPMENT OF BISHOP AREA VS . 1065 North PacifiCenter Drive G�rr1� er�� Suite 150 Anaheim, California 92806 r710r_, 172 &rmce (714)666-2226 FAX,714)666-1155 1 (800)622-609'2 1 �.r o • �! 0 0 0 23 A 1 THE COUNTY OF INYO . IT ' S A 1985 CALIFORNIA APPELLATE 2 COURT CASE . AND THIS CASE DISCUSSES A REGIONAL SHOPPING 3 CENTER . AND ONE OF THE POINTS THAT WAS PERSUASIVE TO THE 4 COURT IN THE BISHOP AREA VS . COUNTY OF INYO CASE WAS THE 5 LACK OF ECONOMIC DATA THAT WAS AVAILABLE TO ASSESS THE 6 IMPACT OF THE NEWLY PROPOSED REGIONAL SHOPPING CENTER ON 7 ALREADY EXISTING RETAIL AREAS IN THE COUNTY . 8 IN ADDITION TO THAT ., I WOULD LIKE TO SAY 9 THAT I HAVE A NUMBER OF COMMENTS . I FIND A NUMBER OF 10 INCONSISTENCIES WITH REGARD TO THE INFORMATION THAT 11 EXISTS IN THE RECORD . AND IT ' S A LITTLE BIT DIFFERENT - - 12 SOME OF IT I FIND DIFFICULT TO FOLLOW. BUT I ' LL DO THE 13 BEST I CAN . 14 AND BEFORE ANYBODY ASKS . I WOULD LIKE TO 15 SAY I SPOKE JUST VERY BRIEFLY TO MR . DODSON WHEN I CAME 16 IN BECAUSE WE KNOW EACH OTHER VERY WELL . MR . DODSON DID 17 SOME WORK IN THE CITY OF BIG BEAR LAKE , AND FOR A LONG 18 TIME I WAS SPECIAL COUNSEL TO THE CITY OF BIG BEAR LAKE , 19 AND FOR THREE YEARS I WAS THE ASSISTANT CITY ATTORNEY FOR 20 THE CITY OF BIG BEAR LAKE . SO I MENTIONED TO HIM THAT 1 21 CAME TO COMMENT ON SOME OF HIS HANDIWORK . AND HIS 22 COMMENT - - HIS RETORT BACK TO ME WAS . "WELL . YOU 23 CERTAINLY HAD ENOUGH TIME . " 24 1 WOULD LIKE TO SAY THAT MY CLIENT WAS 25 UNAWARE OF THE NEGATIVE DECLARATION AND THE PROJECT UNTIL 1065 North PacifiCenter Drive Suite 150 Anaheim, California 92806 r 1 CJ�Gr ,57 &rvlce 171 eI aaa-9991; FAX 17141 666-1 155 1 (8001622-6092 24 1 AN ARTICLE APPEARED ON OCTOBER 1 , 1992 , IN THE SUN . AND 2 1 HAVE A COPY OF THE ARTICLE HERE THAT SAYS . " INLAND 3 CENTER TO EXPAND . " AND IT REFERENCES THE CITY COUNCIL 4 REVIEW DATE OF OCTOBER 19TH . BECAUSE I °M SURE THAT ' S A 5 QUESTION THAT WILL COME UP BECAUSE . NO . WE DID NOT APPEAR 6 BEFORE YOUR ENVIRONMENTAL REVIEW COMMITTEE . I DON 'T KNOW 7 IF THAT ' S A PUBLIC HEARING . I 'M NOT THAT FAMILIAR WITH 8 YOUR PROCEDURES . BUT , NO . WE WERE NOT THERE . AND . NO, WE 9 DID NOT APPEAR BEFORE YOUR PLANNING COMMISSION ON 10 SEPTEMBER 8TH . AND I UNDERSTAND, FROM THE DOCUMENTATION 11 THAT I 'VE BEEN ABLE TO OBTAIN JUST IN THE LAST FEW DAYS . 12 THAT THE SEPTEMBER 8TH HEARING WAS CONTINUED TO THE 18TH . 13 SO BEFORE THAT BECOMES AN ISSUE . I ' D LIKE 14 TO JUST DISPOSE OF THAT . 15 MAYOR HOLCOMB : IF THAT ' S THE ISSUE . YEAH . 1 16 THINK THE MAIN ISSUE IS DO WE RESPOND TODAY TO THIS 17 LETTER , OR ARE YOU GOING TO NEED SOME TIME? 18 MR . REED: I CAN RESPOND IN PART . 19 MS . FOX : I `M NOWHERE NEAR FINISHED . 20 MAYOR HOLCOMB : I ° D LIKE TO SUGGEST THAT WE 21 CONTINUE THIS MATTER AND ASK STAFF TO RESPOND TO THIS 22 LETTER . YOU CAN MAKE ANY OTHER POINTS . BECAUSE YOU CAME 23 IN COLD WITHOUT ANY FOREWARNING. WE ' RE NOT PREPARED TO 24 THOROUGHLY RESPOND. I 'M SURE WE CAN RESPOND TO SOME OF 25 THE ISSUES . BUT 'NOT TO ALL OF THEM. I THINK IT ' S GOT 1065 North PacifiCenter Drive Suite 150 Anaheim, California 92806 re�Cr 1r11/ �er�ZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 25 1 SOME GOOD ISSUES THAT NEED TO BE RESPONDED TO . SO IN THE 2 INTEREST OF TIME AND ORDERLY PROCESS . I 'M GOING TO 3 REQUEST THE COUNCIL CONTINUE THIS . 4 HOW MUCH TIME DO YOU NEED TO RESPOND? 5 MR . REED: I WOULD THINK WE ' D NEED AT LEAST 30 6 DAYS . 7 MAYOR HOLCOMB: CONTINUE THIS FOR 30 DAYS UNLESS 8 THERE ' S SOME REAL STRENUOUS OBJECTION . I 'M HOPING NOT 9 BECAUSE THE ISSUES THAT ARE RAISED HERE , I THINK , HAVE TO 10 BE THOROUGHLY RESEARCHED BY OUR ATTORNEY AND BY OUR STAFF 11 TO BE PROPERLY INFORMED. 12 COUNCILMEMBER ESTRADA : LARRY . NOT KNOWING THE 13 FULL EXTENT OF THE INQUIRIES THAT ARE GOING TO BE MADE BY 14 MERCHANTS LEGAL COUNSEL . HOW CAN WE ASCERTAIN HOW MUCH 15 TIME WE NEED? 16 MR . REED : WELL , I HEARD WHAT THE MOST OF HER 17 COMMENTS - - I 18 COUNCILMEMBER ESTRADA: SHE ' S NOT THROUGH YET. 19 MAYOR HOLCOMB : WE NEED A PROFESSIONAL RESPONSE 20 TO ALL OF THESE VERY SERIOUS CHARGES . OTHERWISE WE ' RE 21 JUST INVITING LITIGATION . NO QUESTION ABOUT IT . SO 22 LET ' S DO IT RIGHT . SO RATHER THAN - - WE ' VE GOT PEOPLE 23 HERE ON SOME VERY OTHER IMPORTANT ISSUES . AND THIS COULD 24 DRAG ON FOR THE REST OF THE DAY AND EVENING TO TRY TO 25 RESOLVE ALL THESE QUESTIONS TODAY . 1065 North PacifiCenter Drive farraferx" Suite 150 Anaheim, California 92806 r�cr ,5 es'erv1Ce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 26 1 SO UNLESS THE APPLICANT HAS VERY STRONG 2 ARGUMENTS AGAINST IT , I WOULD URGE THAT WE GO AHEAD AND 3 CONTINUE THIS SO WE CAN GET A RESPONSE , PROFESSIONAL 4 RESPONSE , FROM OUR ATTORNEY AND FROM OUR PLANNING 5 DEPARTMENT . 6 YOU OBJECT TO A 30-DAY CONTINUANCE? 7 MR . OSTOICH: YES . MY NAME IS MARK OSTOICH . 8 1 'M HERE ON BEHALF OF THE DEVELOPER OF THE INLAND CENTER 9 MALL . 10 MAYOR HOLCOMB : TALK INTO THE MIKE . 11 MR . OSTOICH : I 'M SORRY . 12 WE FEEL THAT EVERY ISSUE THAT WILL BE 13 BROUGHT UP THIS AFTERNOON CAN BE RESPONDED TO. IN FACT , 14 WE HAVE RESPONDED TO EVERY ISSUE THAT WILL BE BROUGHT UP 15 TODAY , AND WE WOULD LIKE THE OPPORTUNITY TO DO THAT 16 BEFORE YOU MAKE A DECISION TO PUT IT OFF . 17 MAYOR HOLCOMB : OH , PLEASE . LET ' S GO - - YOU 18 KNOW, WE ' VE GOT ALL THESE OTHER ITEMS TO DO. THIS IS A 19 VERY COMPLEX ITEM. GIVE US THE COURTESY OF LETTING OUR 20 STAFF PEOPLE DO THEIR RESPONSE , NOT YOURS . WE ' RE NOT 21 GOING TO LISTEN TO WHAT YOU HAVE TO SAY AS MUCH AS WHAT 22 OUR STAFF HAS TO SAY . 23 MR . REED HAS ALREADY SAID HE ' S NOT READY TO 24 RESPOND TODAY. HE CAN RESPOND TO A LOT OF THE ISSUES , 25 BUT NOT ALL OF THEM. SO I ' D HOPE THAT YOU ' D SHOW US THE 1065 North PacifiCenter Drive farrm2cers- Suite 150 Anaheim, California 92806 r mar-65 xeroice (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 27 1 COURTESY OF LETTING OUR STAFF RESEARCH THIS WITHOUT A 2 LONG ARGUMENT TO THE CONTRARY BECAUSE I THINK . WHEN WE ' RE 3 ALL THROUGH . IT ' S GOING TO BE CONTINUED ANYWAY . 4 MR . OSTOICH: I APPRECIATE WHAT YOU ARE SAYING. 5 BUT ONE THING I WOULD LIKE TO SAY IS THAT EACH AND EVERY 6 REPORT THAT YOU ALLEGEDLY DON ' T HAVE , YOU DO HAVE . AND 7 STAFF IS AWARE OF THE PHYSICAL BASES OF OUR PROJECT, AND 8 THESE MATTERS HAVE BEEN THE SUBJECT - - 9 MAYOR HOLCOMB : WHY CAN 'T WE COME BACK FORWARD 10 IN 30 DAYS? IS 30 DAYS THAT CRITICAL? 11 MR . OSTOICH: IT ' S VERY CRITICAL TO US . 12 MAYOR HOLCOMB : CAN YOU EXPLAIN WHY? 13 MR . OSTOICH : WE HAVE A SCHEDULE THAT WE ' VE SET 14 OUT FOR OURSELVES , SIR , AND IT ' S VERY IMPORTANT TO US - - 15 MAYOR HOLCOMB : IF WE GO AHEAD AND APPROVE 16 THIS - - ALL RIGHT. TWO WEEKS , HOW' S TWO WEEKS SOUND? 17 COUNCILMEMBER HERNANDEZ : MAYOR . LEGALLY , MR . 18 EMPENO, DO WE HAVE TO HAVE INPUT FROM THE PUBLIC AND FULL 19 INPUT OR NOT? 20 MR . EMPENO: THIS IS A PROPOSED DEVELOPMENT 21 AGREEMENT BEFORE THE CITY COUNCIL ALONG WITH A MITIGATED 22 NEGATIVE DECLARATION. IT ' S ALSO BEEN SET FOR PUBLIC 23 HEARING AND COUNCIL MEETING AND ORDINANCES OF THE CITY 24 REQUIRING THAT A PUBLIC HEARING BE HELD FOR TAKING ACTION 25 ON THE DEVELOPMENT AGREEMENT , SO PUBLIC HEARING IS 0— 1065 North PacifiCenter Drive farrafercr Suite 150 Anaheim, California 92806 r 1 J,9r 157 &7-Tlice (714)666-2226 FAX(714)666-1155 1 (800)622-6092 28 1 REQUIRED. 2 SO I DO HAVE SOME COMMENTS . MAYOR , IF 1 3 CAN . I THINK IT ' S VERY IMPORTANT THAT THE PUBLIC INPUT 4 BE COMPLETED HERE , ESPECIALLY ANY STATEMENTS IN 5 OPPOSITION . SO THAT WE CAN FIND OUT WHAT THOSE ISSUES 6 ARE . 7 MAYOR HOLCOMB : PRECISELY . 8 MR . EMPENO: SO THAT THEY DON ' T COME BACK IN TWO 9 WEEKS OR 30 DAYS OR WHATEVER THAT TIME IS - - 10 MAYOR HOLCOMB: I THINK - - 11 MR . EMPENO: - - AND PROVIDE NEW ARGUMENTS . 12 1 ALSO WOULD LIKE TO ADDRESS THE COUNCIL , 13 THOUGH , ON THE ONE ISSUE THAT SHE HAS MENTIONED OF A 14 LEGAL NATURE IN HER OCTOBER 19 , ' 92 , LETTER . AND I 15 BELIEVE I COULD RESPOND TO THAT . 16 MAYOR HOLCOMB : WE WANT THE WHOLE PACKAGE 17 RESPONDED TO. WE DON 'T WANT IT TO BE RESPONDED TO 18 PIECEMEAL . WE WANT A STAFF REPORT THAT WE CAN READ 19 BEFORE THE MEETING. SO WE CAN UNDERSTAND IT . WE ' RE NOT 20 PREPARED TO ABSORB ALL THIS TODAY WITHOUT GETTING SOME 21 BACK - - STAFF REPORT BACK TELLING US WHERE IT ' S RIGHT AND 22 WHERE IT ' S WRONG. WHY PIECEMEAL? LET ' S DO IT 23 PROFESSIONALLY AND GET IT ALL DONE AT ONCE . LET ANYONE 24 WHO WANTS TO PROTEST TODAY PROTEST TODAY SO WE KNOW HOW 25 TO RESPOND TO IT . 1065 North PacifiCenter Drive farrafel-c�- Suite 150 Anaheim, California 92806 75697-f,57 cservlce (714)666.2226 FAX(714)666-1155 1 (800)622-6092 29 1 MR . EMPENO: I UNDERSTAND THAT . MAYOR . I THINK 2 THAT IT IS IMPORTANT TO FIND OUT WHAT ALL THE ISSUES ARE . 3 THAT ' S WHY I WISH THAT SHE ' D COMPLETE HER PRESENTATION . 4 MAYOR HOLCOMB : HAVE YOU RAISED ALL THE ISSUES 5 THAT YOU WANTED TO RAISE? 6 MS . FOX : N0 , I HAVE NOT . I 'M BARELY BEGUN . 7 MAYOR HOLCOMB : HOW MUCH TIME YOU ANTICIPATE? 8 MS . FOX : FIFTEEN MINUTES AT LEAST . 9 COUNCILMEMBER HERNANDEZ : GO AHEAD. MAYOR . 10 MIGHT AS WELL GET IT OVER WITH. 11 MS . FOX : THANK YOU . 12 I ' D LIKE TO START WITH SOME PROCEDURAL 13 ISSUES THAT I ' LL TRY MY BEST TO DO THIS IN AN ORDERLY 14 FASHION AND DIVIDE IT UP FOR THE BENEFIT OF STAFF FIRST 15 INTO PROCEDURAL ISSUES AND THEN INTO SUBSTANTIVE ISSUES . 16 PROCEDURALLY . I LOCATED OR I SHOULD SAY - - 17 1 DON 'T GET THE CREDIT FOR IT . MY PARALEGAL ON FRIDAY 18 WAS HERE AND LOCATED A PAMPHLET THAT ' S AVAILABLE IN THE 19 PLANNING AND BUILDING SERVICES . SAYS "CALIFORNIA 20 ENVIRONMENTAL QUALITY ACT , CEQA, " ON THE FRONT OF IT . 21 SHE DID ASK FOR CEQA GUIDELINES THAT ARE USED BY THE 22 COUNTY AND WAS TOLD THAT THERE WERE NO CEQA GUIDELINES . 23 IN THIS PAMPHLET IT SAYS . "WHAT IS THE 24 ENVIRONMENTAL REVIEW PROCESS? " AND THEN THERE ' S SOME 25 DISCUSSION THERE ABOUT THE INITIAL STUDY . AND AT THE VERY 1065 North PacifiCenter Drive farrm fers-' Suite 150 Anaheim, California 92806 r l�1 rfI5 serylce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 30 1 BOTTOM OF THAT PARAGRAPH UNDER THAT HEADING. "WHAT IS THE 2 ENVIRONMENTAL REVIEW PROCESS? " IT STATES . "THE INITIAL 3 STUDY WILL BE PRESENTED TO THE ENVIRONMENTAL REVIEW 4 COMMITTEE FOR A RECOMMENDATION FOR A NEGATIVE DECLARATION 5 OR TO REQUIRE AN EIR , WHICHEVER IS APPROPRIATE . " 6 NOW, I 'VE BEEN TRYING TO ASCERTAIN WHAT ' S 7 HAPPENED IN THE CASE OF THIS PROJECT. AND WHAT WE HAVE 8 IS WE HAVE AN INITIAL STUDY DOCUMENT . SOME PART OF A 9 DOCUMENT THAT IS DATED THE 6TH OF MARCH 1992 . WE HAVE A 10 CHECKLIST THAT HAS BEEN SIGNED BY A REPRESENTATIVE OF THE 11 ENVIRONMENTAL REVIEW COMMITTEE ON THE 19TH OF MARCH 1992 . 12 AND THIS IS ALL IN YOUR STAFF REPORT . 13 THEN WE HAVE A PACKAGE THAT WAS SUBMITTED 14 BY TOM DODSON AND ASSOCIATES , WHICH SAYS " INITIAL STUDY 15 PROPOSED NEGATIVE DECLARATION AND SUBSTANTIATION OF 16 INFORMATION IN THE CHECKLIST . " THIS DOCUMENT SUBMITTED 17 BY MR . DODSON IS DATED THE 23D OF MARCH , AND ON THE FRONT 18 PAGE OF THAT IS A STAMP . A CITY STAMP . STAMPED "RECEIVED 19 MARCH 25 , 1992 . " SO WHAT WE HAVE IS YOUR ENVIRONMENTAL 20 REVIEW COMMITTEE HAVING A MEETING ON THE 19TH . ACCORDING 21 TO THE STAFF REPORT , AND DOING A CHECKLIST AFTER THE 22 FACT . 23 WE HAVE AN INITIAL STUDY AND A DISCUSSION 24 OR JUSTIFICATION OF THIS ENVIRONMENTAL CHECKLIST . WHICH 25 IS DATED THE 23D OF MARCH , WHICH HAPPENED AFTER THE 1065 North PacifiCenter Drive f,57,r7-zsfers- Suite 150 Anaheim, California 92806 re 101- Z57 servzce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 c� 31 1 ENVIRONMENTAL REVIEW COMMITTEE MEETING. AND THEN WE HAVE BY THE CITY OF SAN BERNARDINO ON THE 2 IT BEING RECEIVED 3 25TH , WHEN , IN FACT , YOU HAVE BEEN TOLD AND WE READ THAT 4 THE ENVIRONMENTAL REVIEW PERIOD STARTED ON THE 24TH OF 5 MARCH . 6 SO I DON 'T - - NONE OF THIS IS CONSISTENT . 7 YOU SHOULD HAVE HAD ALL OF THESE DOCUMENTS TOGETHER AT 8 ONE TIME , SHOULD HAVE BEEN PRESENTED TO YOUR 9 ENVIRONMENTAL REVIEW COMMITTEE IN ORDER FOR THEM TO MAKE 10 THE DETERMINATION ON THE 19TH WHETHER TO RECOMMEND A 11 MITIGATED NEGATIVE DECLARATION OR , IN FACT , WHETHER OR 12 NOT THEY SHOULD RECOMMEND PREPARATION OF AN ENVIRONMENTAL 13 IMPACT REPORT . THAT , ACCORDING TO YOUR DOCUMENTS , IS NOT 14 WHAT HAPPENED . SO THAT ' S THE FIRST PROCEDURAL ISSUE THAT 15 WE COME TO . 16 THEN IN THE ENVIRONMENTAL CHECKLIST . WHICH 17 WAS PREPARED BY CITY STAFF . THEY POINT OUT THAT THE - - A 18 SIGNIFICANT ISSUE IS GEOLOGY AND SEISMICITY REGARDING THE 19 LIQUEFACTION ISSUE FOR THE AREA. BUT WHEN YOU GET INTO 20 THE JUSTIFICATION FOR THE CHECKLIST PREPARED BY MR . 21 DODSON , WHO I AM UNDERSTANDING WAS RETAINED BY THE 22 APPLICANT , NOT BY THE CITY . THESE SIGNIFICANT ISSUES HAVE 23 BEEN IDENTIFIED AS AIR QUALITY AND TRAFFIC . 24 SO YOU SEEM TO HAVE SOME INCONSISTENCY 25 BETWEEN THE OPINIONS OF CITY STAFF AND THE OPINIONS 1065 North PacitiCenter Drive farrafnrs- Anaheim,Suite 150 Suite 1 50 92606 Tlar 1� serPlce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 32 THAT - - THE INFORMATION THAT WAS PREPARED BY MR . DODSON . NOW. IN ADDITION TO THAT . YOUR STAFF REPORT 2 3 VERY ADEQUATELY POINTED OUT AND VERY ACCURATELY . I WOULD 4 AGREE WITH IT . POINTED OUT THAT WHEN YOU DEAL WITH A 5 REGIONAL SHOPPING CENTER OF THIS MAGNITUDE , WITH THIS 6 MANY SQUARE FEET . AND I READ ONE PLACE WHERE YOU ARE 7 TALKING ABOUT APPROXIMATELY AN ADDITIONAL 14 . 000 PLUS 8 VEHICLE TRIPS PER DAY . THAT ' S A LOT OF VEHICLE TRIPS . 9 THAT ' S A LOT OF TRAFFIC , A LOT OF AIR EMISSIONS . 10 AT ANY RATE , IT ' S CONSIDERED BY CEQA AND BY 11 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS TO BE A 12 SIGNIFICANT PROJECT , AN AREAWIDE REGIONAL SIGNIFICANT 13 PROJECT . 14 AND WHEN YOU DO SOMETHING LIKE THAT . YOU 15 HAVE AN OBLIGATION UNDER THE CALIFORNIA ENVIRONMENTAL 16 QUALITY ACT TO MAKE SURE THAT YOUR ENVIRONMENTAL 17 DOCUMENTS ARE SUBMITTED IN A TIMELY FASHION TO YOUR 18 NEIGHBORING JURISDICTIONS . AND THAT WOULD MEAN AT AN 19 ABSOLUTE MINIMUM THIS PROPOSED NEGATIVE DECLARATION AND 20 ALL THE SUBSTANTIATION AND INITIAL STUDY THAT WAS 21 SUBMITTED BY MR . DODSON SHOULD HAVE BEEN SENT TO OR 22 DELIVERED TO THE CITIES OF LOMA LINDA . HIGHLAND. COLTON . 23 REDLANDS , AND RIVERSIDE AT A MINIMUM. THERE ' S PROBABLY 24 OTHERS THAT I ' VE MISSED AS WELL . 25 ALL WE ' VE BEEN ABLE TO DETERMINE IS THAT I 1065 North PacifiCenter Drive �arrZ�S'�er�s" Suite 150 Anaheim. California 92806 �er�lce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 33 1 BELIEVE IT WAS SENT TO ONE OF THOSE FIVE CITIES , AND IT 2 WAS EITHER COLTON OR HIGHLAND. AT THE MOMENT I DON ' T 3 HAVE THAT IN FRONT OF ME , AND I DON `T REMEMBER . BUT IT q WAS NOT - - THIS INFORMATION WAS NOT SUBMITTED TO LOMA 5 LINDA; IT WAS NOT SUBMITTED TO REDLANDS ; IT WAS NOT 6 SUBMITTED TO RIVERSIDE . HOW ARE THESE CITIES SUPPOSED TO 7 TAKE A LOOK AT THIS PROJECT TO KNOW WHAT ' S GOING ON AND 8 PROVIDE YOU WITH THEIR COMMENTS IF THEY ' RE NOT MADE AWARE 9 OF IT? AND THEY SHOULD HAVE BEEN MADE AWARE OF IT BY 10 RECEIVING A COPY OF THIS PROPOSED NEGATIVE DEC - - 11 MITIGATED NEGATIVE DECLARATION . 12 NOW. IN TERMS OF , ALSO PROCEDURAL , ON THE 13 TRAFFIC , YOUR STAFF REPORT AND ALSO IN THE DOCUMENTATION 14 THAT WAS SUBMITTED BY MR . DODSON, THERE IS REFERENCE TO ® 15 CAL TRANS AND IMPROVEMENTS . THE 1 -215 WIDENING PROJECT . 16 IN FACT , 1 BELIEVE THE LANGUAGE THAT ' S IN THE STAFF 17 REPORT REFERS TO THIS LACK OF INFORMATION AND THE 18 INTERACTION OF THE TWO PROJECTS . THE REGIONAL SHOPPING 19 CENTER ON THE ONE HAND, AND THE WIDENING OF 1 -215 ON THE 20 OTHER AS A , QUOTE , AWKWARD SITUATION . 21 IN FACT, I READ IN THE DOCUMENTS PROVIDED 22 BY THE CITY THAT CALTRANS IS AT THIS TIME IN THE PROCESS 23 OF DRAFTING AN ENVIRONMENTAL IMPACT REPORT FOR THE 24 WIDENING OF 1 -215 . ALSO, THAT IT IS UNKNOWN AT THIS TIME 25 ABOUT ALTERNATIVES FOR THAT PROJECT AND PRECISELY OR EVEN 1065 North PacifiCenter Drive farrisfei-s" Suite 150 Anaheim, California 92806 re/��r � �er�lce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 34 1 GENERALLY HOW THAT PROJECT WILL IMPACT THIS SHOPPING 2 CENTER . 3 MEMBERS OF THE COUNCIL , THERE IS NO WAY 4 UNDER THE STATE OF CALIFORNIA LAW, IN MY OPINION , AS IT 5 EXISTS TODAY THAT YOU COULD USE THIS MITIGATED NEGATIVE 6 DECLARATION TOGETHER WITH THE MITIGATION MONITORING 7 PROGRAM THAT ' S BEEN PREPARED TO PROPERLY ADDRESS THE 8 INTERACTION OF THOSE TWO PROJECTS , THE ACCUMULATED 9 IMPACTS OF THOSE TWO PROJECTS EACH ON THE OTHER , THE 10 GROWTH INDUCING IMPACTS OF THOSE TWO PROJECTS . IT JUST 11 SIMPLY CAN 'T BE DONE THE WAY YOU ARE TRYING TO DO IT . 12 IT ' S AN ATTEMPT TO TAKE A SHORTCUT , AND 13 THAT ' S NOT WHAT CEQA IS ALL ABOUT. IT ' S AN INFORMATIONAL 14 PROCESS THAT ' S TO PROVIDE YOU WITH ALL THE INFORMATION -- 15 YOU NEED TO MAKE AN INFORMED DECISION FOR THE BEST 16 INTERESTS , THE SAFETY AND HEALTH AND WELFARE OF YOUR 17 CITIZENS . THAT DOESN 'T HAPPEN HERE WITH REGARD TO 18 TRAFFIC . 19 IF IT DOESN 'T HAPPEN WITH REGARD TO 20 TRAFFIC , IT CAN 'T HAPPEN WITH REGARD TO AIR QUALITY . BUT 21 I 'M GETTING AHEAD OF MYSELF , BECAUSE THERE IS ALSO A 22 CONGESTION MANAGEMENT PLAN CURRENTLY BEING DRAFTED BY THE 23 SAN BERNARDINO VALLEY ASSOCIATION OF GOVERNMENTS , SANBAG. 24 AND I UNDERSTAND FROM READING YOUR DOCUMENTS THAT THAT 25 PROJECT , THE DRAFT PLAN, THE EIR AND THE DRAFT PLAN , 1065 North FacifiCenter Drive �r�rrZes'�eres'� Suite 150 Anaheim,California 92806 re�igrf,� �ervZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 35 1 WOULD PROBABLY BE APPROVED IN THE END OF 1992 . WELL , 2 MEMBERS OF THE COUNCIL . THIS IS OCTOBER 19TH . THE END OF 3 1992 IS UPON US . IT ' S NOVEMBER ., DECEMBER . WHAT IS THE 4 HURRY THAT YOU HAVE TO APPROVE THIS PROJECT TODAY WITHOUT 5 THE BENEFIT OF THE INFORMATION THAT WILL BE IN THE 6 COUNTYWIDE CONGESTION MANAGEMENT PLAN THAT ' S BEING 7 PREPARED BY SANBAG? 8 CLEARLY . THIS IS INFORMATION THAT MUST 9 BE - - THAT WOULD GIVE YOU MORE FACTS DEALING WITH 10 CUMULATIVE IMPACTS THAT ARE REQUIRED WHEN YOU LOOK AT A 11 PROJECT OF THIS REGIONALWIDE SIGNIFICANCE . SO IF YOU 12 DO - - AGAIN , IF YOU DO NOT HAVE ADEQUATE INFORMATION ON 13 TRAFFIC . YOU CANNOT HAVE ADEQUATE INFORMATION ON AIR 14 EMISSIONS . - 15 AND I MIGHT ADD THAT THE TRAFFIC REPORT 16 THAT ' S BEEN SUBMITTED TO SUPPORT THIS NEGATIVE 17 DECLARATION WAS PREPARED IN SEPTEMBER 1991 . SO IT ' S 18 ALREADY 13 MONTHS OLD. REALLY WHAT YOU DO NEED IS 19 SOMETHING UPDATED IN ADDITION TO THE INFORMATION FROM 20 CALTRANS , IN ADDITION TO THE INFORMATION FROM SANBAG. 21 NOW. WITH REGARD TO THE LIQUEFACTION ISSUE . 22 YOU HAVE A LAW CRANDALL REPORT THAT ' S BEEN SUBMITTED. 23 AND, AGAIN , JUST PROCEDURALLY . AND NOT MEANING TO BE 24 NIT-PICKING. BUT AT DIFFERENT PLACES IN THE STAFF REPORT 25 AND IN THE INITIAL STUDY . IT REFERS TO A SEPTEMBER 1991 1065 North PacifiCenter Drive farrafer,.r Suite 150 Anaheim, California 92806 r ficr l57 �'erplce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 c� 36 1 REPORT BY LAW CRANDALL ON THE LIQUEFACTION . AND OTHER -� 2 PLACES IT REFERS TO A JANUARY 1992 REPORT . THERE IS ALSO 3 A REFERENCE TO A JANUARY 1992 FOUNDATION REPORT . 4 IT IS OUR UNDERSTANDING FROM YOUR STAFF 5 THAT THAT IS A TYPO WHERE THERE IS A REFERENCE TO A 6 JANUARY 1992 LIQUEFACTION REPORT , THAT , IN FACT , THERE IS 7 NO SUCH REPORT . AND THE ONLY LIQUEFACTION REPORT THAT WAS g SUBMITTED BY LAW CRANDALL IS DATED SEPTEMBER 1991 . 9 IT IS ALSO OUR INFORMATION THAT EITHER THIS 10 JANUARY 1992 FOUNDATION REPORT DOES NOT EXIST . OR YOUR 11 STAFF HAS BEEN UNABLE TO LOCATE IT AS OF EARLIER TODAY . 12 WE WOULD REALLY LIKE TO KNOW THE ANSWER TO THAT . AND I ' LL 13 TELL YOU WHY THAT ' S SIGNIFICANT . 14 THIS 19 - - SEPTEMBER 1991 LAW CRANDALL 15 REPORT WAS PREPARED BEFORE TWO OTHER REPORTS HAVE COME 16 OUT , AND I THINK IT ' S INTERESTING THAT THE GENTLEMAN WHO 17 STEPPED UP HERE SEEMED TO KNOW EXACTLY WHAT I WAS GOING 18 TO TALK ABOUT BECAUSE I HADN 'T MENTIONED TWO REPORTS AND 19 HE STOOD UP AND SAID, "WE ALREADY HAVE THOSE TWO 20 REPORTS . " BUT AT ANY RATE , ONE OF THE REPORTS IS FROM 21 THE CALIFORNIA DEPARTMENT OF CONSERVATION . DIVISION OF 22 MINES AND GEOLOGY . IT ' S DMGO FILE REPORT 92- 1 . PREPARED 23 IN 1992 , WHICH ADDRESSES PEAK ACCELERATION FOR MAXIMUM 24 CREDIBLE EARTHQUAKES IN CALIFORNIA . 25 AND THIS IS - - THIS CONTAINS INFORMATION 1065 North PacifiCenter Drive Suite 150 Anaheim, California 92806 re�ar � �'er?�ICe (714)666-2226 FAX(714)666-1155 1 (800)622.6092 l 37 1 THAT WOULD BE VERY USEFUL AND NECESSARY AND IS MORE 2 CURRENT THAN THE LAW CRANDALL REPORT . IT ' S MORE CURRENT 3 SINCE THIS WAS RELEASED IN 1992 , AT LEAST A MINIMUM OF 4 FOUR MONTHS AFTER THE LAW CRANDALL REPORT WAS SIGNED OFF . 5 AND BY THE WAY , THAT REPORT IS NOT SIGNED BY A GEOLOGIST . 6 IT IS SIGNED BY AN ENGINEER . AND WERE WONDERING IF THE 7 CITY UNDER YOUR GUIDELINES HAS SUBMITTED IT TO A CITY 8 GEOLOGIST FOR REVIEW. 9 IN ADDITION. THERE IS ANOTHER REPORT THAT 10 HAS NOT BEEN ADDRESSED IN THE LAW CRANDALL REPORT . AND 11 THIS IS THE U . S . GEOLOGICAL SURVEY BULLETIN 1898 , "THE 12 LIQUEFACTION SUSCEPTIBILITY IN THE SAN BERNARDINO VALLEY 13 AND VICINITY OF SOUTHERN CALIFORNIA, A REGIONAL 14 EVALUATION . " THIS DOCUMENT IS ALSO PUBLISHED IN 1992 . 15 NOW, IF THE GENTLEMAN WHO STOOD UP A FEW 16 MOMENTS AGO AND SAID THAT THESE REPORTS ARE HERE . THEY 17 MAY BE HERE , BUT THEY ARE NOT ADDRESSED AND THEY ' RE NOT 18 LISTED IN THE LAW CRANDALL REPORT AND THE RECOMMENDATIONS 19 THEY MAKE TO MITIGATE PROBLEMS FOR THIS PROJECT WITH 20 REGARD TO THE LIQUEFACTION ISSUE . AND WHILE I `M NOT A 21 GEOLOGIST , IT ' S MY UNDERSTANDING THAT THAT IS A VERY 22 CRUCIAL ISSUE IN THIS AREA . 23 IN FACT . WE ' VE LOCATED PROBABLY 30 OR 40 24 DIFFERENT NEWSPAPER ARTICLES IN THE LAST FIVE YEARS FROM 25 THIS AREA ALL ADDRESSING PROBLEMS RELATING TO 1065 North PaciliCenter Drive farrixfez-,-�` Suite 150 Anaheim, California 92806 re�(9rfl5 &rpzce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 38 1 LIQUEFACTION IN THE SAN BERNARDINO VALLEY AREA. 2 YOU NEED TO HAVE THE CURRENT INFORMATION IN 3 ORDER TO SIGN OFF ON AN ENVIRONMENTAL DOCUMENT . IT ' S 4 MIND BOGGLING TO ME , BASED ON MY 19 YEARS ' EXPERIENCE , 5 HOW IT COULD POSSIBLY BE CONTEMPLATED THAT A MITIGATED 6 NEGATIVE DECLARATION FOR A PROJECT OF THIS NATURE WITH 7 THE SERIOUS IMPACTS FOR THE GEOLOGY , SEISMICITY , TRAFFIC , 8 AND AIR AND HYDROLOGY COULD EVEN BE CONSIDERED , BUT IT 9 HAS BEEN , AND I GUESS WE HAVE TO DEAL WITH THAT . 10 AT THE TIME THIS SHOPPING CENTER WAS 11 ORIGINALLY APPROVED IN 1965 , CEQA WASN ' T AROUND . CEQA 12 WAS PASSED IN 1970 AND MADE APPLICABLE TO PRIVATE 13 PROJECTS IN ' 72 . SO YOU HAVE NO ENVIRONMENTAL STUDY ON 14 THIS SHOPPING CENTER . 15 NOW, I LOOKED AT THE LAW CRANDALL REPORT ; 16 AND , AGAIN , I HAVE NO CREDENTIALS AS A GEOLOGIST OR AN 17 ENGINEER , BUT JUST READING THEIR CONCLUSION FOR 18 MITIGATION , THEY TALK ABOUT THE CONSTRUCTION OR THE I19 INSTALLATION OF PILES TO GO , I GUESS , BENEATH - - I MUST 20 SAY I DID DISCUSS THIS WITH A GEOLOGIST - - TO GO BENEATH 21 THE LIQUEFACTION AREA. AND YOU CAN DO THAT AND IT ' S 22 RECOMMENDED IN THE LAW CRANDALL REPORT . YOU CAN DO THAT 23 FOR NEW CONSTRUCTION . BUT THIS IS NOT - - THIS PROJECT IS 24 NOT ALL NEW CONSTRUCTION . YOU ARE TALKING ABOUT 25 DOUBLE-DECKING. I t 065 North PacifiCenter Drive fa, ri,S.fel Suite 150 Anaheim, California 92806 Varflw �s nvice (714)666-2226 FAX(714)666-1 155 1 (800)622-6092 39 I 1 WHAT HAPPENS IN THE NEXT GOOD SHAKER LIKE 2 THE ONE WE RECENTLY HAD IN BIG BEAR? WHAT HAPPENS WHEN 3 YOU HAVE DOUBLE- DECKED ON TOP OF A 1965 STRUCTURE AND YOU 4 HAVE THIS LIQUEFACTION PROBLEM? ARE YOU WILLING TO 5 GUARANTEE THE SAFETY OF THE PUBLIC THAT ' S INVITED TO THIS 6 PROJECT? 7 MAYOR HOLCOMB : PLEASE . YOU ARE VERY REDUNDANT . g THE REAL ISSUES ARE WHAT ' S WRONG WITH THE REPORT . AND 9 PLEASE MAKE YOUR POINTS . AND THEN WE CAN GET DOWN TO 10 BUSINESS . YOU ' RE BEING REPETITIVE . 11 MS . FOX : I HAVE JUST A FEW MORE POINTS , AND 12 THOSE DEAL WITH SOME INCONSISTENCIES THAT APPEAR , SO IT 13 MAKES IT DIFFICULT TO COMMENT ON THEM, BUT 14 INCONSISTENCIES THAT APPEAR BETWEEN THE INITIAL STUDY OF 15 THE DEVELOPMENT AGREEMENT . FOR INSTANCE , THE EXISTING 16 TOTAL NUMBER OF EMPLOYEES . THE TWO NUMBERS ARE DIFFERENT 17 IN THE TWO PLACES . FOR THE NUMBER OF EMPLOYEES TO BE 18 ADDED, THE INITIAL STUDY SAYS THAT AN ADDITIONAL 1245 NEW 19 EMPLOYEES WILL BE ADDED, FOR A TOTAL NUMBER OF EMPLOYEES 20 ON- SITE OF 2 . 562 . AND THEN SOMEPLACE ELSE IN ANOTHER 21 DOCUMENT AND IN THE AGREEMENT , IT TALKS ABOUT 2 . 440 FOR A 22 TOTAL NUMBER OF EMPLOYEES . THE AVERAGE ON- SITE 23 EMPLOYEES . IN ONE PLACE IT SAYS 1250 . AND IN THE INITIAL 24 STUDY IT SAYS 1325 . 25 WE WOULD SUBMIT , MR . MAYOR AND MEMBERS OF 1065 North PacifiCenter Drive �arrz��er�" Suite 150 Anaheim, California 92806 r�cr 1J2 �'er�lce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 l to„* 40 1 THE COUNCIL , THAT THERE IS ENOUGH INFORMATION THAT IS 2 INADEQUATE HERE AND ENOUGH FACTS TO ESTABLISH THAT THE 3 DEVELOPMENT REVIEW COMMITTEE NEEDS TO TAKE ANOTHER LOOK 4 AT THIS WITH REGARD TO THEIR RECOMMENDATION . AND IF . IN 5 FACT , THEY WANT TO ADHERE TO THEIR RECOMMENDATION OF A 6 MITIGATED NEGATIVE DECLARATION , THEY CAN ONLY DO SO AFTER 7 THEY 'VE HAD AN OPPORTUNITY TO REVIEW THE INFORMATION 8 THAT ' S MISSING. 9 MY CLIENT ASKS ONLY FOR THE OPPORTUNITY TO 10 PARTICIPATE IN THE PROCESS AND BE FULLY ADVISED . AND WE 11 THANK YOU FOR THIS OPPORTUNITY TO APPEAR , AND I WOULD BE 12 HAPPY TO RESPOND TO ANY QUESTIONS THAT ANYONE MIGHT HAVE . 13 MAYOR HOLCOMB : WE DON 'T HAVE TIME TODAY FOR ALL 14 THE QUESTIONS . 15 ANYONE ELSE IN THE AUDIENCE WISHES TO BE 16 HEARD IN OPPOSITION , OPPOSITION , TO THE PROPOSED 17 RESOLUTION? OKAY . 18 THE APPLICANT - - I JUST STRONGLY URGE THE 19 COUNCIL THAT WE NOT DO ANYTHING TODAY EXCEPT, ONE , EITHER 20 CONTINUE THIS FOR A STAFF REPORT OR , TWO. DENY THE 21 NEGATIVE DEC AND ORDER A FULL ENVIRONMENTAL IMPACT 22 REPORT. THOSE ARE THE ONLY TWO SAFE COURSES THAT I CAN 23 SEE . 24 THE APPLICANT . IF THEY WANT TO PURSUE THIS . 25 1 DON 'T THINK ANY COUNCIL IN THEIR RIGHT MINDS , IN VIEW 1065 North PaciliCenter Drive �arrz�' er�" Suite 150 Anaheim, California 92806 rejcr z5 xerJZce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 41 1 OF THESE STATEMENTS . WOULD BE PREPARED TO RESPOND OR TAKE 2 ACTION WITHOUT THEIR OWN INDEPENDENT STAFF REPORT . NO 3 MATTER HOW ELOQUENT YOU MIGHT BE . YOU ARE NOT GOING TO 4 CHANGE THIS COUNCIL TO IMMEDIATE ACTION TODAY . 5 MR . REED : JUST ONE QUICK COMMENT . FROM THE 6 INFORMATION SHE SAID. THERE ' S NO NEW INFORMATION FOR 7 STAFF . THESE ARE ALL ITEMS THAT WE ADDRESSED IN THE 8 DEVELOPMENT - - IN THE ENVIRONMENTAL REVIEW COMMITTEE . 9 MAYOR HOLCOMB : WE WANT A WRITTEN RESPONSE TO 10 ALL THESE THINGS . 11 MR . REED: WE ' LL GET BACK WITH YOU . 12 MAYOR HOLCOMB : THE APPLICANT DOES WANT TO 13 SPEAK. THEY HAVE FIVE MINUTES AND NO MORE , PLEASE . 14 MR . DODSON : YES , MR . MAYOR . MR . MAYOR AND 15 MEMBERS OF THE COUNCIL , I 'M TOM DODSON , AND I 'M THE 16 PERSON WHO PREPARED THE ENVIRONMENTAL DOCUMENT THAT ' S SO 17 MUCH IN QUESTION ALL OF A SUDDEN . 18 I ' D LIKE TO TAKE YOU THROUGH VERY QUICKLY 19 SOME THINGS THAT GET DISTORTED WHEN SOMEONE HASN 'T BEEN 20 INVOLVED. 21 MAYOR HOLCOMB : WE KNOW THAT . TELL US WHY WE 22 CAN 'T CONTINUE THIS FOR TWO WEEKS UNTIL WE GET A FULL 23 REPORT RATHER THAN PIECEMEAL . 24 MR . DODSON : BECAUSE MOST OF THIS INFORMATION 1 25 BELIEVE I CAN SUPPLY RIGHT HERE AND FOCUS ON THE REAL 1065 North PacifiCenter Drive fanrZ��er�' Suite 150 Anaheim, California 92806 TICT-f107 Xervice (714)666-2226 FAX(714)666-1 155 1 (800)622-6092 I 42 1 ISSUES THAT YOU WANT BROUGHT BACK . THAT ' S THE REALITY OF 2 MY PRESENTATION . 3 MAYOR HOLCOMB : HOW MUCH TIME YOU GOING TO TAKE? 4 MR . DODSON : YOUR FIVE MINUTES . I 'M ROLLING IF 5 YOU LET ME GO. 6 IF I MAY JUST QUICKLY . THERE WERE QUESTIONS 7 THAT WERE RAISED VERY QUICKLY ABOUT THE ISSUES OF CEQA 8 AND PROCESS , THE IDEA THAT THERE WAS SEVERAL ITEMS 9 SUBMITTED IN DIFFERENT DATES . IT ' S VERY STRAIGHTFORWARD. 10 THE ENVIRONMENTAL REVIEW COMMITTEE HAD ALL THE 11 INFORMATION IN FRONT OF THEM AT A HEARING . THEY SAID. 12 "WE WANT YOU TO MAKE SOME MINOR CHANGES IN THIS DOCUMENT 13 AND THEN BRING IT BACK TO US AND SEND IT OUT . " 14 THOSE MINOR CHANGES , WE MADE THE MINOR 15 CHANGES AND SUBMITTED THAT DOCUMENT. AND THAT ' S THE 16 REASON FOR THE PROCESSING DIFFERENCES . 17 MAYOR HOLCOMB : I 'M SURE THAT ' S THE CASE . WHY 18 CAN 'T YOU PUT ALL THIS IN WRITING FOR US SO THAT OUR 19 STAFF CAN EITHER CONCUR OR NOT CONCUR? 20 MR . DODSON: IF I MAY , I AGREE WITH YOU , BUT 1 21 THINK THAT SOMETIMES WHEN YOU ' VE BEEN LEFT WITH A VERY 22 STRONG PERCEPTION THAT SOMETHING IS INADEQUATE , IT HELPS 23 TO HAVE SOME INFORMATION IN MIND TO BALANCE THAT OUT . 24 AND THAT ' S WHAT I 'M TAKING JUST A FEW MOMENTS TO DO. 25 I ' LL STICK WITH MY TIME FRAMES . 1065 North PacifiCenter Drive farrafe7s- Suite 150 Anaheim.California 92806 r169r 15 xery)zce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 43 I 1 WITH REGARDS TO LIQUEFACTION AND THE 2 LIQUEFACTION ISSUES AND THE ITEMS RAISED BY MRS . FOX OR 3 MS . FOX , VERY QUICKLY . THE STUDIES THAT WERE DONE FOR 4 THIS SITE ARE DONE SITE-SPECIFIC . THERE WERE TWO STUDIES I 5 DONE , ONE IN SEPTEMBER OF 1991 AND ONE IN JANUARY OF i 6 1992 . BOTH OF THEM INDICATE THAT THE PROBLEMS AT THIS 7 PARTICULAR SITE ARE VERY EASILY ENGINEERING SOLVABLE . IT 8 CLEARLY INDICATES . AND THERE ' S CONFUSION ON HER PART 9 BECAUSE SHE HASN 'T SEEN BOTH DOCUMENTS , IT CLEARLY 10 INDICATES THAT THE SPREAD FOOTINGS THAT WERE USED TO 11 CONSTRUCT THE ORIGINAL MALL WOULD BE ADEQUATE TO PUT THE 12 SECOND STORY ON AND, NUMBER TWO , THAT FOR THE NEW 13 STRUCTURES AT THE LOCATIONS THAT THEY ' RE PROPOSED, THEY 14 SHOULD PUT THE FOOTINGS AT A DEPTH TO BE ABLE TO ACHIEVE 15 AND MINIMIZE THE LIQUEFACTION HAZARDS . 16 THIS . A . IS MUCH MORE PRECISE AND MUCH MORE 17 EXPLICIT THAN IN THE INFORMATION AND REGIONAL REPORTS 18 THAT COULD BE OBTAINED. IT IS IN HAND AND WE HAVE IT , 19 AND IT ' S BEEN IN YOUR FILINGS FOR A LONG TIME . 20 GOING BACK TO THE ISSUE WITH REGARDS TO 21 TRAFFIC AND THE CONCERNS RELATED TO TRAFFIC . THE REASON 22 THAT THIS PROJECT WAS NOT FOUND TO HAVE A SIGNIFICANT 23 IMPACT ON TRAFFIC IS BECAUSE . WITH THE MITIGATION 24 MEASURES THAT WERE PROVIDED OVER THE PERIOD OF TIME THAT 25 WAS GOING TO BE - - THIS PROJECT WILL BE BUILT . THIS 1065 North PacifiCenter Drive �arrZ� er�� Suite 150 Anaheim, California 92806 (714)666-2226 FAX(714)666-1155 1 (800)622-6092 44 1 PROJECT WILL ACTUALLY REDUCE THE IMPACTS BECAUSE OF THE 2 MITIGATION MEASURES . REDUCE THE IMPACTS AT ALL THE 3 INTERSECTION LOCATIONS , AND THE TRAFFIC STUDY CLEARLY 4 SUPPORTS THAT . 5 THE CUMULATIVE IMPACTS WERE CONSIDERED AND 6 BROUGHT INTO THIS PROJECT. IT WAS SUBMITTED AND REVIEWED 7 BY THE AGENCIES IN THE AREA , INCLUDING SANBAG, INCLUDING 8 CALTRANS . WE HAD CONFERENCES WITH THOSE GROUPS . THIS 9 PROJECT HAS BEEN THOROUGHLY REVIEWED BY THOSE AGENCIES 10 AND DOESN 'T CONFLICT WITH ANY OF THEIR APPROACHES AT THIS 11 POINT IN TIME . 12 THERE IS AN ISSUE WITH REGARDS TO CALTRANS 13 MOVING FORWARD WITH THEIR NEW PROJECT , BUT THAT ' S NOT 14 WELL ENOUGH DEFINED FOR US TO EXAMINE ANY FURTHER AT THIS 15 POINT IN TIME . WE DID OUR VERY BEST AND DEALT WITH THE 16 INTERSECTIONS . 17 WITH REGARDS TO THE ISSUES ON GROWTH , 1 ' D 18 LIKE TO POINT OUT THAT VERY CLEARLY THIS DOCUMENT PLACED 19 THIS GROWTH ON THIS PROJECT WITHIN THE CONTEXT OF THE 20 GENERAL PLAN , WHICH FORECASTED GROWTH FOR A VERY LONG 21 PERIOD OF TIME AND SAID THIS IS THE TYPE OF GROWTH WE 22 EXPECT , HERE ' S THE NUMBER OF SQUARE FEET THAT WE EXPECT, 23 AND IT WAS PUT IN THAT CONTEXT , AND THERE WAS AN ECONOMY 24 ANALYSIS THAT FORECASTED WHAT WOULD HAPPEN AS THIS GROWTH 25 OCCURRED AND THE DEMAND FOR ADDITIONAL COMMERCIAL RETAIL 1065 North PacifiCenter Drive farrz,&rx- Suite 150 Anaheim, California 92806 re�G7 15 &rpzce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 c� 45 1 SERVICES . 2 AND WITHIN THIS DOCUMENT WE UTILIZED THE 3 GENERAL PLAN AND ITS EVALUATION OF OVERALL GROWTH DURING 4 THIS PERIOD , AND THE PROJECT IS PHASED TO ACCOMMODATE 5 THAT GROWTH . SO SPECIFICALLY , WE PLACED OURSELVES UNDER 6 THAT UMBRELLA OF A DOCUMENT THAT YOU FOLKS HAVE ALREADY 7 SEEN , REVIEWED , AND APPROVED . THAT ' S THE WAY WE REVIEWED 8 THIS LARGER SCOPE ISSUE . 9 1 THINK THAT COVERS THE HIGHLIGHTS OF THE 10 ISSUES . I 'M AVAILABLE FOR QUESTIONS . 11 COUNCILMEMBER HERNANDEZ : I HAVE A QUESTION TO 12 ASK . 13 MAYOR HOLCOMB : COULD WE SAVE OUR QUESTIONS 14 UNTIL WE 'VE HAD CHANCE TO HEAR BACK FROM STAFF? 15 COUNCILMEMBER HERNANDEZ : NO . 16 MAYOR HOLCOMB : WE CAN OPEN THIS THING UP AND BE 17 HERE ALL DAY AND ALL AFTERNOON ON THIS ISSUE . I THINK WE 18 OUGHT TO HAVE A STAFF REPORT RESPONDING TO ALL THESE 19 THINGS SO WE CAN STUDY IT. TWO WEEKS IS ALL THAT IS 20 GOING TO BE TAKEN . 21 MR . REED: YEAH. I THOUGHT THERE WAS GOING TO 22 BE ADDITIONAL NEW ITEMS THAT WE HADN ' T - - FROM WHAT I 'VE 23 HEARD , THERE ' S NOTHING THAT HASN ' T BEEN CLEARLY DISCUSSED 24 AND CONSIDERED. AND I THINK , BECAUSE OF THE INVOLVEMENT 25 OF THIS GROUP OF PEOPLE AT THIS LATE DATE . WE NEED THE 1065 North PaciliCenter Drive Suite 150 Anaheim, California 92806 r�cr � �'er�lce (7t 4)666-2226 FAX(714)666-1155 1 (800)622-6092 l — 46 1 TIME TO BRING THEM UP TO SPEED AS TO WHAT WE ' VE DONE . 2 AND I THINK . GIVEN THE NATURE OF WHAT WE ' VE HEARD, WE CAN 3 DO THAT WITHIN TWO WEEKS . 4 MAYOR HOLCOMB : CAN I HAVE A MOTION TO CONTINUE 5 THIS MATTER? 6 COUNCILMEMBER HERNANDEZ : I STILL HAVE A 7 QUESTION . 8 MAYOR HOLCOMB : OKAY . CONTINUE - - A MOTION TO 9 CONTINUE IS NOT DEBATABLE , BUT , PLEASE , NOW, IF YOU OPEN 10 UP THIS QUESTION , WE ' LL BE HERE FOREVER . 11 COUNCILMEMBER HERNANDEZ : YOU WEREN 'T PRESENT 12 WHEN I ASKED THE QUESTION OF THE THREE GENTLEMEN THAT 1 13 MET THIS WEEK OR LAST WEEK , AND THAT HAD TO DO WITH THE 14 IMPACT THAT IT WOULD HAVE ON THIS MALL DOWNTOWN . 15 WHAT WE HAVE IN OUR CITY NOW IS TRI -CITY 16 AND HOSPITALITY LANE HAVE DRAINED ABOUT HALF A MILLION 17 SQUARE FEET OF OFFICE SPACE OUT OF THE DOWNTOWN AREA AND 18 HAS DESTROYED IT, THE DOWNTOWN . 19 IS THE SAME THING GOING TO HAPPEN WITH THE 20 CAROUSEL MALL? AND IF THE ANSWER IS NO, THEN HOW CAN YOU 21 GUARANTEE THAT THAT ' S NOT GOING TO HAPPEN? 22 MR . DODSON : NO ONE CAN MAKE THAT GUARANTEE . 23 COUNCILMAN HERNANDEZ , AND I WON 'T PRETEND TO. WHAT I CAN 24 TELL YOU IS THAT YOUR GENERAL PLAN ALREADY IDENTIFIES AND 25 ADDRESSES THE TYPE OF GROWTH THAT YOU WOULD ANTICIPATE 1065 North FacitiCenter Drive Suite 150 15n 0 1 r her � Service Anaheim, 1 92806 (714)666-2226 FAX(714)666-1155 1 (800)622-6092 47 I I 1 OVER THE PERIOD OF TIME . ONE THING WILL HAPPEN IF YOU 2 DON 'T ENHANCE OR PROVIDE THE SERVICE AND THE COMMERCIAL 3 CAPACITY HERE , AND THAT IS THAT PEOPLE WILL LEAVE THIS 4 AREA. 5 THE MALL PROJECT THAT HAS BEEN PROPOSED 6 HERE WAS DESIGNED SPECIFICALLY TO FULFILL YOUR GENERAL CONTINUED GROWTH BASED UPON THE 7 PLAN REQUIREMENTS FOR 8 GROWTH-IN THE COMMUNITY AS IT GOES FORWARD. AND IT WAS 9 DESIGNED ALSO TO KEEP PEOPLE SHOPPING HERE RATHER THAN 10 LEAVING THE AREA . THE ANSWER TO YOUR (QUESTION , I THINK. 11 WHY IS GOING BACK TO THE GENERAL PLAN IN THE CONTEXT IN 12 WHICH THIS COUNCIL APPROVED AND SOUGHT NEW COMMERCIAL 13 GROWTH TO BE ABLE TO MEET THE DEMANDS AS THE CITY GROWS . 14 MAYOR HOLCOMB : WE ' RE GETTING INTO WHAT STAFF 15 WILL BE REPORTING ON . 16 MOTION TO CONTINUE IS NOT DEBATABLE . I ' D 17 CALL FOR THE (QUESTION . 18 MR . OSTOICH: MAYOR HOLCOMB , EXCUSE ME . WE ' RE 19 IN FAVOR OF THE CONTINUANCE . AFTER HEARING EVERYTHING. 20 WE FEEL THAT , WITH A BRIEF PERIOD OF TIME , THAT THE 21 OPPONENTS ' CONCERNS CAN BE MET , AND SO I ' D LIKE TO SAY 22 THAT WE APPRECIATE THAT . AND WE SUPPORT THE CONTINUANCE . 23 AND WE WOULD ASK THAT YOU CLOSE THE PUBLIC HEARING, 24 THOUGH, BECAUSE - - 25 MAYOR HOLCOMB : NO , WE CAN 'T CLOSE THE PUBLIC 1065 North PaciliCenler Drive Farr Suite 150 Anaheim, California 92806 7Y r w .s'erpZCe (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 c� 1001N 48 1 HEARING TILL AFTER THE NEXT - - PUBLIC HEARING SHOULD BE 2 KEPT OPEN IN CASE NEW INFORMATION COMES UP . 3 MR . EMPENO. 4 MR . EMPENO: MAYOR , IT ' S AT THE DISCRETION OF 5 THE COUNCIL WHETHER THE PUBLIC HEARING SHOULD BE CLOSED 6 AT THIS POINT. IF NEW INFORMATION IS PROVIDED AT THE 7 NEXT COUNCIL MEETING - - 8 MAYOR HOLCOMB: I 'M SUGGESTING WE CONTINUE AND 9 THE PUBLIC HEARING BE KEPT OPEN . IS THAT LEGAL? CAN WE 10 DO THAT? 11 MR . EMPENO: IT ' S AT THE DISCRETION OF THE 12 COUNCIL . 13 MAYOR HOLCOMB : I THINK WE ALL KNOW THAT . WE 14 ALL. KNOW THAT . 15 MR . REED: I WOULD RECOMMEND THAT WE CLOSE IT 16 JUST FROM THE STANDPOINT THAT IT ' S YOUR DISCUSSION . 17 MAYOR HOLCOMB : WELL , THIS COULD GO ON FOREVER . 18 COUNCILMEMBER ESTRADA: THAT MAY BE TRUE , LARRY , 19 BUT I THINK THAT THERE ' S ENOUGH QUESTIONS HAVE BEEN 20 RAISED, THAT WE SHOULDN 'T CLOSE THE PUBLIC HEARING AT 21 THIS POINT , NO. 1 . AND NO . 2 , AS IT APPLIES TO THE 22 GENERAL PLAN , THAT ANALYSIS WAS DONE UP TO THE YEAR 2010 . 23 AND WHILE IT CALLS FOR TWO MILLION SQUARE FEET OF NEW 24 RETAIL SPACE , IT DOES NOT NECESSARILY SAY THAT IT HAS TO 25 BE IN ONE LOCATION . 1065 North PacifiCenter Drive lJ�lrrZeS�erc�� Suite 150 Anaheim, California 92806 r 1 1�Gr Z5 &,rpzce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 49 1 MAYOR HOLCOMB : IF WE CLOSE THE PUBLIC HEARING, 2 THE APPLICANTS WOULDN 'T HAVE A CHANCE TO RESPOND. SO I 'M 3 GOING TO CALL FOR THE QUESTION OF CONTINUING THIS MATTER , 4 WHICH IS THE PUBLIC HEARING, AND AT THE NEXT MEETING WE 5 ASK STAFF TO RESPOND TO ALL THE ISSUES RAISED. THAT ' S 6 THE MOTION. CALL FOR THE QUESTION . 7 (A VOTE WAS TAKEN . ) 8 - MAYOR HOLCOMB : I DON 'T LIKE TO BE ABRUPT . WE 9 COULDN 'T ACT ON THIS THING TODAY . IT ' S OBVIOUS . 10 11 (END OF PROCEEDINGS ON ITEM 32 AT 3 : 15 P .M. ) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1065 North PacifiCenter Drive GarrZ � er�'� Suite 150 Anaheim, California 92806 re�Gr Zr1�/ �S'er�lce (714)666-2226 FAX(714)666-1155 1 (800)622-6092 1 0 Reporter's Certificate 6 0 . --C) J n hereby certify: that on the of O c-t-bW- 19921 I did report in shorthand the testimony and proceedings of the foregoing hearing; that at the conclusion of the above entitled matter, I did transcribe my shorthand notes into typewriting; that the foregoing transcript is a true and correct copy of my shorthand notes thereof. Certified Shorthand Reporter Certificate No. ? 1 s'2-- 1065 Norih Paci+,Centet Drive J�CII�I�Ic� L'Ic)" ^—' Sure Ananetm. Caidoma ?2506 (714(666-2226 FAX(714)666-1155 1 (800)622.6092 C� x i �,+ y r �` t i`+•'4 t 4 „;t. 'S . ,� n v r"Skr "� w r � • t k �' � n, t �'^..S ST t t 11r d r Y i • i RvIno M7 M. , a i t s i d H k"Y Y "Y Ile�M Y l td ��'•N',' .Y uaw� '� '4 �rww ✓, "� SAN BERNP4RDINO BUSINESS Table of Contents San Bernardino malls are expanding,bringing new stores and products to area Advertiser index residents.Inland Center Mall plans to double its size,and Carousel Mall is opening three new stores. Aetna In addition to shopping centers,this issue looks at several retail outlets including Arrowwest.....................................8 Home Depot,PACE,L.A.Cellular,and Goforth&Marti. Bank of San Bernardino................7 Beemans Pharmacy ......................6 Inland Dance Theater.................... 4 Business Profiles .........................13 Cardinal Academy ......................14 San Bernardino Retail Market....... 5 Radisson Hotel ............................14 Carousel Mall...............................13 New Members............................... 9 Around Town ..............................19 Community Bank.........................25 Beeman Pharmacy ................... 10 Anniversaries...............................24 Crest Chevrolet............................10 People ........................................ 11 Calendar of Events ......................25 Crown Printers...............................4 Economic Development Agency.27 This month's cover has been sponsored by Home Depot. El Dorado Bank............................23 First Federal Savings & Loan ....24 Goforth & Marti...........................12 San Bernardino Area Golden Valley Medical Supply...18 Chamber of Commerce Harmon Auto Center..................17 Home Depot ..........................Cover EXECUTIVE COMMITTEE G. Jordan, M.D., F.A.C.P.), Deborah Inland Factors ..............................16 MARK EDWARDS-president Kinder (Aetna Health Plan), Janey Inland Center Mall.......................15 Reid& Hellyer Kozlowski (San Bernardino County Kinko's ..........................................19 DEBORAH MANDABACH-past pres- Schools), Wilfred Lemann (Lemann & L. A. Cellular................................11 ident, St. Bernardine Medical Center Schaefer),Jerry Miller(First Federal Sav- Life Savings Bank..........................5 LARRY GRAHAM-president elect ings&Loan),George W.Schnarre(George Manpower....................................16 Bobbin Memorial Chapel H. Schnarre, Realtor), Jon Shultz (Holi- Pace Membership Warehouse ....2 WAYNE STAIR-treasurer day Oldsmobile-Mazda), Dr. Donald PacTel ...........................................18 Bank of America Singer (San Bernardino Valley College), Radisson Hotel .............................18 DEBBIE COCHRAN-V.P.Business Brian Townsend (Precinct Reporter). Ramada Inn ..................................16 Support, Inland Flowers Honorary Members: Bob Holcomb Roger's Bindery ...........................22 BOB HOEBELHEINRICH- V.P. (Mayor of San Bernardino), Col. John Rogers, Anderson, Economic Dev. First Interstate Bank Hopper (Norton Air Force Base). Malody&Scott ..............................20 JUDI BATTEY-V.P.Education S. B. Industrial Medical Center..... 17 Southern California Gas Co. CHAMBER STAFF San Bernardino Valley College.... 16 JEAN STEPHENS- V.P.Gov.Affairs JUDI THOMPSON-Executive V.P. S.B. Employment Training Fleming, Reiss & Company LAURENTINE ALLEN-Accountant ••• 15 Standard Mortgage Company...21 CYNTHIA PRINGLE-V.P.Member- LYNNE BARILE- Administrative ship, Cal State U., San Bernardino Assistant EVLYN WILCOX-V.P.Military Af- GENE BINSBACHAR-Membership fairs, Manpower Employment Serv. ROD COCHRAN- Account Executive SAN BERNARDINO BUSINESS(ISSN SUSAN KITCHEN-Receptionist/ 0892-8347) is published monthly with BOARD OF DIRECTORS Division Coordinator the exception of Jan.,Feb.,April,and May Marion Black (Vernon Company), Jim LIZA RATKOWIAK-Division Coordi- for$15 per year(included in the member- Burns (Southern California Edison), Pat nator ship investment). Published by the San Caffery(La Quinta Motorinn),Dick Crail Bernardino Area Chamber of Commerce, (Lockheed Commercial Aircraft), Steve EDITORIAL BOARD 546 W.Sixth Street,San Bernardino,CA Easley(Goforth&Marti),Deborah Hagar Chair-Cynthia Pringle;Mark Edwards, 92410. Second Class postage paid at San (Hagar&Associates),Jane Hammer(Life Larry Graham, Bill Heitritter, Deborah Bernardino,CA. Savings Bank),Bill Heitritter(McGladrey Mandabach,Brian Townsend and Judi & Pullen), Brooks Johnson (The SUN Thompson.Photographer-John Mate POSTMASTER:Send address changes Company),Dr.Kenneth Jordan(Kenneth (714) 924-2650. to San Bernardino Business,P.O.Box 658,San Bernardino,CA 92402-0658. San Bernardino Business,November 1992 3 Inland Center Mall plan's to expand Continued from Page 5 nearly as large as the 1.2-million-square- each department to help customers The expansion will double foot Montclair Plaza. through any project. its size, calling for three Hours open during the Christmas Sales personnel teach customers to lay holiday are Dec.5 to Dec.23,Monday ceramic tile,hang a ceiling fan,or more anchor department through Friday 10 a.m.to 9:30 p.m., winterize homes.Home Depot also offers stores. Saturday 10 a.m.to 9 p.m.,and Sunday 11 weekend"do-it-yourself'classes. I a.m.to 7 p.m.Gift certificates are avail- In-home consultations by interior city officials. able at the information booth. designers,carpet specialists,lighting The agreement,which outlines the Inland Center is owned by Mano experts,and N.K.B.A.trained cabinet proposed expansion of Inland Center,has Management Co.,Inc.,and is represented designers help coordinate color schemes, been approved by the San Bernardino by UBS Asset Management of New York. measure for window coverings,cabinet Planning Commissioner with further installation,design kitchen cabinets,and review scheduled. Carousel Mall's early beginning as offer suggestions for lighting needs. Currently,leasing efforts are focused Central City Mall,one of the first en- Home Depot guarantees the lowest on quality fashion stores proposed for closed downtown shopping centers,has price on its items.If any product is found opening in early 1993. continued its retail concept to become the at a lower price,it will meet that price and The expansion will double its size, first mall in the Inland Empire to own and take-off an additional five percent. calling for three more anchor department operate a custom carousel and train, A new program,bridal registry,has stores,a second level with 70 additional establish a high school teen board been introduced by Home Depot. Now shops,and athree-or four-level parking encompassing 16 area high schools,and a couples can register for home-improve- structure. children's theater. ment products instead of the traditional The expansion is dependent upon the Carousel Mall is continuing the china and crystal. major stores agreeing to locate at the tradition of the downtown meeting, mall. shopping and entertainment center for A development agreement between Currently,Inland Center has 101 stores community families of all ages. Inland Center and the City of San with anchors of May Co.,Sears and The Since the unveiling of its new look,it Bernardino is currently being reviewed by Broadway.The expansion would make it Continued on Page 7�- 10%' 1 Beeman S I S ) 4. Because You Care About Your Health We're Here To Serve You. • Senior Citizen Discounts • Diabetes Care Center r` • Jobst Products • *New Extended Hours • Breast Prosthesis • Personal Consultation • Mastectomy Products • Computerized Medication Records We accept most insurance plans Highland Pharmacy 21st Street Pharmacy • • E. Highland Avenue 355 E. 21 st Street AW San Bernardino, CA San Bernardino, 886-6851 • • • ' • 6 San Bernardino Business,November 1992 t rc y� .... 3`Sw,•w ape y� as 3i.� A ���'�YH;�y.� `� �,♦: E a� , n tV Ar ni .a3 ♦ r i ran Future Seismic Hazards in Southern California Phase I: Implications of the 1.992 Landers Earthquake Sequence National Earthquake Prediction Evaluation Council California Earthquake Prediction Evaluation Council Southern California Earthquake Center Ad Hoc Working Group on the Probabilities of Future Large Earthquakes in Southern California November 1992 Working Group on the Probabilities of Future Large Earthquakes in Southern California Duncan C. Agnew University of California, San Diego Keiiti Aki (Co-Chair) University of Southern California C. Allin Cornell Stanford University James F. Davis California Department of Conservation Division of Mines and Geology Paul Flores California Office of Emergency Services Thomas H. Heaton (Co-Chair) United States Geological Survey I. M. Idriss University of California, Davis David D. Jackson University of California, Los Angeles Karen C. McNally University of California, Santa Cruz Michael S. Reichle California Department of Conservation Division of Mines and Geology James C. Savage United States Geological Survey Kerr E. Sieh Kerry California ifornia Institute of Technology This report (with color plates) is available on sale at the California Division of Mines and Geology, P. O. Box 2980, Sacramento, CA 95812-2980. Please provide a check or money order for$18. Cover photo: Courtesy of Kevin Coppersmith, Geomatrix Consultants. PREFACE This progress report addresses the implications of the 1992 Landers earthquake sequence on future seismic hazards in southern California. It represents the efforts of a joint ad hoc working group composed of individuals from the National Earthquake Prediction Evaluation Council (NEPEC), the California Earthquake Prediction Evaluation Council (CEPEC), and the Southern California Earthquake Center (SCEC). Following the Landers earthquake, SCEC organized a workshop to share the preliminary results of ongoing scientific investigations. The group determined that it was necessary to address formally the implications of the Landers earthquake on seismic hazards in southern California and update earlier estimates of probabilities of large earthquakes on the region's active faults. Due to the high level of public concern, the Chairs of NEPEC and CEPEC confirmed the need for a deliberate evaluation, and a formal procedure was initiated. On August 5, 1992, NEPEC, CEPEC, SCEC, and the OES announced the formation of the joint ad-hoc working group composed of 12 experts to oversee the generation of a report. SCEC scientists were asked to provide the necessary technical working papers for the document. It was decided that this document should be Phase I of a two phase study of the probabilities of future large earthquakes in southern California, and should provide for the timely release of the best information available to date. A Phase 11 report, to be completed in about 9 months, would contain a more complete analysis of future earthquake probabilities in greater southern California. Following review of the working papers by the ad hoc working group, a final version of this report was assembled by SCEC and submitted to the Directors of the USGS and OES for their approval. Since the report is the product of several different individuals working under tight time constraints, there is a degree of unevenness in style and depth of presentation. NEPEC was established in 1979 pursuant to the National Earthquake Hazards Reduction Act of 1977 to advise the Director of the United States Geological Survey (USGS) concerning any formal predictions or other information pertinent to the potential for the occurrence of a significant earthquake. CEPEC was formed in 1976 under existing administrative authority as the successor to an advisory group formed in 1974. CEPEC advises the Director of the California Office of Emergency Services (OES) on the validity of predictions of earthquakes capable of causing damage in California, including the reliability of the data and scientific validity of the technique used to arrive at a specific prediction. SCEC was established by the National Science Foundation (NSF) and the USGS to integrate earth sciences research on the processes that cause earthquakes so as to improve forecasts of damaging earthquakes and their effects. A fundamental goal of SCEC is to develop a master model that will provide the basis for a time-dependent probabilistic seismic hazard analysis of southern California. SCEC is a consortium of seven research institutions in partnership with the USGS. Member institutions include the California Institute of Technology, Columbia University, the Universities of California at Los Angeles, San Diego, Santa Barbara, and Santa Cruz, and the University of Southern California -- SCEC's managing institution. The scientific input to the present Phase I report consisted of working papers prepared by the Southern California Earthquake Center. These interim documents were an outgrowth of three workshops held on July 13, July 27 and August 24, 1992. Principal authors of the working papers were Duncan Agnew, Ruth Harris, David Jackson, Lucy Jones, Kerry Sieh, Bob Simpson, and Ross Stein. Duncan Agnew and David Jackson assembled the papers, which were organized and edited into this report by Tom Henyey, with help from Virgil Frizzell and John McRaney. In addition, the following scientists participated in the workshops and/or contributed ideas and materials to the working papers: Kei Aki, Allin Cornell, Jim Davis, Jim Dieterich, Bill Ellsworth, Jack Evernden, Egill Hauksson, Tom Heaton, Tom Henyey, Anshu Jin, Yan Kagan, Simeon Katz, Volodja Keilis-Borok, Geoff King, Volodja Kossobokov, Tanya Levshina, Allan Lindh, Mehrdad Mandyiar, Torn McEvilly, Karen McNally, Bernard Minster, Steve Park, Paul Reasenberg, David Schwartz, Lynn Sykes, Steven Ward, Ray Weldon, and Steven Wesnousky. OWN 4 TABLE OF CONTENTS 1. Executive SuTnmary....................................................................................................... 1 II. Introduction................................................................................................................... 4 III. Recent Seismicity.......................................................................................................... 9 IV. The Landers and Big Bear Earthquakes....................................................................... 9 A. General Information.......................................................................................... 9 B. Foreshocks and Aftershocks............................................................................. 12 C. Distant Triggered Earthquakes......................................................................... 14 V. Static Stress Changes Caused by the Landers Earthquake Sequence.......................... 16 VI. Plausible Future Large Earthquakes as a Consequence of the Landers EarthquakeSequence.................................................................................................... 21 A. Southern San Andreas and Northern San Jacinto Faults................................... 23 B. Miscellaneous Faults of the Mojave Shear Zone.............................................. 26 VII. Intermediate-Term (1 to 5 Year) Probability Estimates............................................... 26 A. Southern San Andreas and Northern San Jacinto Faults.................................. 27 B. Greater Landers Region.................................................................................... 27 C. Greater Southern California............................................................................. 29 VIII. Estimates of Ground Shaking for Future Earthquakes................................................. 30 IX. Conclusions.................................................................................................................. 37 X. Recommendations........................................................................................................ 39 XI. References.................................................................................................................... 40 Appendix...................................................................................................................... 42 I. EXECUTIVE SUMMARY Southern California and its seismologists received a wake-up call on June 28, 1992. The largest earthquake to strike southern California in 40 years occurred near the town of Landers, located 30 km north of the San Andreas fault. It had a magnitude of 7.5 (M7.5). Three and one- half hours later, a M6.5 aftershock struck the Big Bear area 40 km (kilometers) to the west of Landers. An ad hoc working group was rapidly convened in July, 1992, to evaluate how the Landers-Big Bear earthquake sequence might affect future large earthquakes along major faults in southern California. In particular, what are the chances of large earthquakes in the next few years and how do they compare to previous estimates (such as those of the Working Group on California Earthquake Probabilities -- WGCEP, 1988)? Such an evaluation was made for central California after the Loma Prieta earthquake of 1989 (WGCEP, 1990). The charge to the Landers ad hoc working group included analyzing the seismicity for the last several years in southern California and the new paleoseismic, geologic, and geodetic data recently available for southern California. To inform the public about the potential hazard of plausible earthquakes, the working group was also asked to map the predicted severity of ground shaking for such earthquakes compared to that from the Landers earthquake. The following observations raise concern that a large earthquake might soon occur in southern California: ♦ Portions of the southern San Andreas fault appear ready for failure; where data are available, the time elapsed since the last large earthquake exceeds the long-term average recurrence interval. ♦ Since 198.5, earthquakes have occurred at a higher rate than for the preceding four decades. ♦ The Landers earthquake is estimated to have increased the stress toward the failure limit on parts of the southern San Andreas fault. ♦ Some aftershocks of the Landers earthquake sequence occurred near the San Andreas fault; a few appeared to be within the mapped fault zone near Yucaipa. These aftershocks are in areas where, typically, the seismicity has been relatively low. Based on discussions with some scientists, the news media have stated that the Landers earthquake belongs to a developing fault system which may be replacing the San Andreas as the boundary between the North American and Pacific plates. These statements refer to a geologic process which is taking place on a time scale of millions of years. Studies of recent geologic history and modern strain measurements, however, suggest that the well-known Mojave shear zone, in which the Landers earthquake occurred, accommodates only 15-20 percent of the total plate motion. Therefore, the San Andreas fault system, which has more than 70 percent of the plate motion, will continue to provide most major earthquakes in southern California over any human time scale. The perception that many earthquakes have been felt in southern California lately is one reason for public concern over the Landers earthquake. This perception is accurate -- in the last 7 i 1/2 years (since 1985), a higher rate of earthquake occurrence has existed than for the preceding four decades (by a factor of 1.7 for M5 and above, and by a factor of 3.6 for M6 and above). We do not know, however, if this increased activity represents a departure from a lower background rate and could now be over,or if the higher rate will persist in the future. The Landers earthquake belongs to a sequence of regional earthquakes including the 1975 Galway Lake (M5.2), 1979 Homestead Valley (M5.6), 1986 North Palm Springs (M6.0) and 1992 Joshua Tree (M6.1) earthquakes. The stress redistribution from these earlier earthquakes is estimated to have increased the stress that contributed to failure along most of the future Landers rupture by up to 1 bar (15 lbs/in). The Joshua Tree earthquake on April 22, 1992, occurred at the south end of the impending rupture. In early June its aftershocks began to spread northward toward the future epicenter of the Landers mainshock. In retrospect, a few of these events that occurred at the site of the Landers epicenter may be regarded as foreshocks. The stress redistribution inferred for the Landers earthquake increased the stress toward the failure limit for some segments of the San Andreas fault (by up to 10 bars for the San Bernardino Mountains segment and less than one bar for the Coachella Valley segment), but decreased it for the Mojave segment by less than a bar. Most significantly, the Landers earthquake has been estimated to have increased the stress toward failure by about 3 bars in the rupture area of the Big Bear earthquake. We regard the M6.5 Big Bear event to be an aftershock to the Landers earthquake because it occurred shortly after Landers (3 hr 6 min later) and its distance was within one rupture length of that event. The Landers aftershock sequence has behaved normally for a M7.5 California mainshock and such activity should continue for at least three years. Beginning September 1, 1992, there are 85 and 23 percent probabilities of M>5 and M>6 aftershocks, respectively, over the next year, and 95 and 34 percent probabilities, respectively, over the next three years. One obvious concern is that one of these aftershocks might actually turn out to be a foreshock to a large event on the San Andreas fault system. This concern was addressed by CEPEC after the Landers earthquake, and OES was advised to plan precautionary measures for a 3-day alert in case of a M6 of greater earthquake on or near the San Andreas fault. The Landers earthquake has raised questions about the prospect for additional large (M>7) earthquakes in southern California within the next few years. The most likely case is that no large earthquake (M>7) will occur. Statistics based on global earthquake catalogs indicate that the probability of a large earthquake (M>7) following another one drops sharply after two months. If a large event should occur within 100 km of the Landers rupture in the next few years, however, it would most likely originate on one or more of the following structures: ♦ The Mojave shear zone. Individual fault strands include the Helendale, Lenwood- Lockhart, Old Woman Springs, northern Johnson Valley, Calico-Blackwater, Rodman- Pisgah, and/or the southern half of the Emerson fault. ♦ The San Bernardino Mountains and Coachella Valley segments of the San Andreas fault, or a combination of the San Bernardino Mountains segment with either the Coachella Valley segment or the Mojave segment, or with both. ♦ The northern San Jacinto fault. 2 The increase in earthquake activity since 1985, including the Landers sequence, has resulted in an increase of our estimate of the yearly probability throughout southern California. The yearly probability of a M7 or larger earthquake prior to 1985 was estimated to be about 4 percent. Now it is at least 5 percent and may be as high as 12 percent. These larger values reflect the recent increase in seismicity in southern California. This range of values allows for the effects of stress redistribution by the Landers earthquake and the ripeness for failure of the southern San Andreas fault. We estimate the probability of a large earthquake (M>7) within 100 km of the Landers rupture to be 2 to 5 percent within one year from September 1, 1992. Ground shaking for the Landers earthquake and some of the other plausible earthquakes has been simulated using information about the earthquake source, seismic wave propagation effects, and geologic site conditions. The simulation yields a distribution of seismic intensities consistent with the observed ground motions for the Landers earthquake. The simulated high intensity for the epicentral area is consistent with the levels of damage actually experienced, and observed accelerations as high as 0.9g. Fortunately such strong shaking only occurred in sparsely populated areas. Plausible future events in the Mojave shear zone will produce effects similar to the Landers earthquake. However, such earthquakes on the San Andreas and San Jacinto faults would cause much stronger shaking in more urbanized areas. The conclusions of this report underscore the plausibility of large damaging earthquakes affecting metropolitan areas of southern California. As such, the California Office of Emergency Services should intensify its efforts to assist local governments and the public in preparing for such eventualities. This report is intended for disaster-preparedness personnel, engineers, science writers and interested members of the public, as well as members of the earth science community. It is the first (Phase I) of two reports to be issued over the next 9 months and specifically addresses the implications of the Landers earthquakes. A second report (Phase I1) will quantitatively address the more difficult problems identified in preparing this report and consider in more detail additional faults and earthquake probabilities in the broader southern California region. 3 II. INTRODUCTION On the morning of June 28, 1992, most people in southern California were awakened by a very large earthquake -- the largest in California in 40 years. Named "Landers" after the small desert community near its epicenter (Figure 1), this quake had a magnitude of 7.5 (M7.5), making it the third largest in California of this century. The only larger shocks have been the 1952 Arvin-Tehachapi earthquake (M7.7) and the 1906 San Francisco earthquake (M8.3). The 1989 Lorna Prieta earthquake (M7.1), while far more destructive than the Landers earthquake, released only about one-fourth the amount of energy. The sheer size of the Landers earthquake, its proximity to the southern San Andreas fault, its aftershock pattern (Figure 2a), and the fact that its sense and orientation of slip (north northwest with right-lateral strike-slip motion) were similar to that of the San Andreas, immediately raised questions. In particular, how might it be related to future earthquakes on the San Andreas proper? This report addresses these questions. A working group on California Earthquake Probabilities (1988; henceforth referred to as WGCEP 88) determined the probabilities of large earthquakes on the major strike slip faults in California including the San Andreas, San Jacinto, Hayward, Calaveras, and Imperial faults. This group derived probability estimates based upon an interpretation of fault segmentation, patterns of historical seismicity, and an interpretation of the geologic evidence for prehistoric events (paleoseismology). One widely quoted conclusion was that a M7.5 or larger earthquake had a Some Definitions Fault: A fracture in the earth's crust accompanied by a displacement of one side of the fracture with respect to the other, and in a direction parallel to the fracture. The relative displacement is the fault slip, and the extent of the fracture is the rupture length. Earthquake: A shaking of the earth that is tectonic or volcanic in origin. A tectonic earthquake is caused by fault slip. Hypocenter: The starting point of a fault rupture. Ruptures propagate away from the hypocenter at velocities of a few km/sec. Epicenter: The point on the earth's surface directly above the hypocenter. Cluster: Earthquakes tend to cluster within a space-time window. The largest earthquake of the cluster, if distinct, is called the mainshock. Those quakes preceding the mainshock are called foreshocks, and those following the mainshock are called aftershocks. If there is no distinct mainshock, the cluster is called an earthquake swarm. A foreshock that occurs outside the normal time window is called a preshock. Hazard: A source of danger that has the potential for creating adverse consequences. Risk: The likelihood of adverse consequences. Ripeness of a fault: Refers to the relationship between the elapsed time since the last major earthquake on a given fault and the average recurrence interval between large earthquakes on that fault. Part of the southern San Andreas fault is ripe because the time since the last earthquake actually exceeds the average time between large earthquakes (recurrence interval). Clock advance: Within a recurrence interval stress is believed to increase gradually with time until failure. If additional stress is imposed on the fault, failure will occur sooner, advancing the clock. 4 119° I If3° 117° Enlarged feo Bakersfield e �\ ' �s" 34• 1 r r I 129• 120' Mp�y �/ \ I \ O \ i \'.. \� C. pv V. CC' SOMS SonBerrardino� �fl\ P 'LOS AN eles SGP Palm* Springs INN\ \ ` \ N`S 33• 10 20 30mlles � 0 10 20 30 40 50Mm Son \ \ Diego \ 119° 118• 117° 116• Figure 1. Map of southern California showing locations and faults (adapted from Jennings, 1992) discussed in text. AS: Anza segment of San Jacinto Fault. CC: Cajon Creek BB: Bombay Beach CP: Cajon Pass BF: Blackwater Fault CF: Calico Fault BMS: Borrego Mountains segment CRF: Camp Rock Fault of San Jacinto Fault. CVS: Coachella Valley segment C: Carrizon of San Andreas Fault. (key continued on next page) 5 ESF: Elsinore Fault PC: Pitman Canyon EF: Emerson Fault PF: Pisgah Fault GF: Garlock Fault PMF: Pinto Mountain Fault HF: Helendale Fault RF: Rodman Fault HVF: Homestead Valley Fault SAF: San Andreas Fault I: Indio SBMS: San Bernardino Mts segment IF: Imperial Fault of San Andreas Fault JVF: Johnson Valley Fault SBVS: San Bernardino Valley segment LHF: Lockhart Fault of San Jacinto Fault LWF: Lenwood Fault SGP: San Gorgonio Pass MP: Mill Potrero SHF: Superstition Hills Fault MS: Mojave segment SJF: San Jacinto Fault of San Andreas Fault SJVS: San Jacinto Valley segment OWSF: Old Woman Springs Fault SMF: Superstition Mountain Fault P: Pallet Creek W: Wrightwood Y: Yucaipa The rectangular region outlined by long dashed lines is the Greater Landers Region discussed in Section VII - B. The Mojave shear zone is outlined by short dashed lines. 60 percent probability of occurring somewhere on the southern San Andreas within the next 30 years. This conclusion assumed that the San Bernardino Mountains segment of the San Andreas could not break independently of other segments. If it could, the probability was estimated to be closer to 70 percent within 30 years. Following the 1989 Loma Prieta earthquake, a similar working group (1990; WGCEP 90) reported that the Loma Prieta earthquake increased the stress on adjacent segments of the San Andreas, thereby modestly increasing the probabilities of earthquakes there. WGCEP 90 considered new paleoseismic data for faults north of San Francisco Bay, finding that these results implied a somewhat higher risk than had been estimated in 1988. New paleoseismic data also exist for southern California and must be included in any comprehensive reevaluation of earthquake probabilities there. This progress report analyzes how the Landers earthquake affects intermediate-term seismic hazard in southern California. Although some parts of this report are more technical than others, it does not deal with certain issues that would be detailed in a more formal scientific paper. A more thorough study (Phase II) will assess expected ground motions in the major urban areas, and more fully treat the regional effects of the Landers earthquake, the implications of the new paleoseismic data, and earthquake probabilities on major faults in a broader region of southern California. This Phase I report does not replace the 1988 and/or 1990 reports, nor does it alter their basic conclusions. Damaging earthquakes are a fact of life in California and a high probability exists for one or more within the next thirty years. 6 I 1 �L1_1_LL1_I11J11I-�_L ILLLll i 1 I 1 I I 1 I I LLLl_LLl I I I I I I I I I 1 11LL�L111�1.11--1-11L1-Lu.1.LLLLlL1-L1-11 1LLL - 11 ' ,I • ° q e • r o W Q� LID COO z 00 O • O • I / n M .0 cn 7 C'41 00 Ay 11Z 7 00 on L) J ° O J to o q i 00 Y ° U o e en D i J�(/ /. / N O Jill 1111 111111111 1111 1111 Jill 1111 lirr-11,111'r,T 0 0 LO M M 7 3 0' 2 0' 10' 1 1 6 ° d. 2 0' •a '4 � 1 10 o — • is 1•^c a q f 50' 20 KM ' Figure 2B. Distribution of epicenters of the Landers and April 22, 1992, M6.1 Joshua Tree aftershocks. Red star is epicenter of Landers mainshock;blue circles are subsequent aftershocks. Green circles are aftershocks related to the Joshua Tree earthquake. 8 III. RECENT SEISMICITY The Landers earthquake is the latest in a series of damaging earthquakes that have struck southern California over the last six years. The rate at which southern California earthquakes have been occurring, especially those of M5 and greater, has increased noticeably over the last several years. Awareness has been heightened by the number of damaging events between M5.5 and M5.9 occurring northeast of Los Angeles in the highly urbanized San Gabriel Valley. Although southern California lacks an adequate historical perspective with which to consider the significance of this increase in seismicity, it is interesting to note that in the 50 years preceding the great 1906 San Francisco earthquake, the rate of occurrence of moderate-sized earthquakes in northern California was significantly greater than for the following several decades. Other studies of seismicity patterns further suggest that earthquakes tend to cluster in space and time. The annualized rate of earthquakes in southern California plotted by decade beginning in 1945 (Figure 3) appears to indicate an increase in the last 7.5 years. For M4.0 and above events, the rate has not changed much with time, although since 1985 the rate appears to have increased slightly over the previous two decades. However, when considering only larger earthquakes, the difference between decades appears to be greater. For M5 and above, the most recent interval has a rate 1.7 times the average of the past four decades, and for M6 and above, the rate for the last interval is 3.6 times the average of the same period (Table 1). The implications of this change will be considered in Section VII-C of this report. Finally, a series of maps (Figure 4) show a change in the spatial distribution of earthquakes greater than M4 on a decade by decade basis. Before 1985, the San Jacinto fault, the Mojave desert, and the Imperial Valley were the sites of many shocks of M4 and larger; earthquakes of M6 and larger were rare and scattered. Since 1985, shocks of M5 and above have been concentrated in the San Gabriel Valley, along the southern San Jacinto fault, and most recently, in the Landers/Big Bear/Joshua Tree region northeast of the San Andreas fault. IV. THE LANDERS AND BIG BEAR EARTHQUAKES A. General Information The Landers and Big Bear earthquakes remind us that not all large southern California earthquakes occur directly on the San Andreas fault. Thus, while the San Andreas is the most significant fault in California, earthquake preparedness must not focus solely on this fault. Although this earthquake sequence was unforeseen, it occurred on faults previously classified as active (Morton and others, 1980). The surface faulting from the Landers earthquake occurred almost entirely within one or more special studies zones (Hart and others, 1988) already delineated by the California Department of Conservation's Division of Mines and Geology under the Alquist-Priolo Special Studies Zones act for designating active faults, but the actual combination of faults along the zone of rupture was not anticipated. Most active faults in the Mojave Desert have apparently formed in the last 6 to 10 million years (Dokka, 1983), roughly the same period over which the southern San Andreas fault, the Gulf of California, and Salton Trough developed. . 9 I Table 1. Changes in Rate of Earthquakes in Southern California Parameter 1945-1984 1985-1992 a-value (annual average for the period) 4.40 3.09 b-value (average for the period) 0.88 0.57 Annual rate, magnitude? 5.0 1.0 /yr 1.7 /yr Annual rate, magnitude>_ 6.0 0.13/yr 0.48/yr The a-and b-values come from the empirical Gutenberg-Richter relation,N(M)=10(a-W)or loglON(M)=a-bM,for ttic number of earthquakes,N(M),above magnitude M. The a-value is a constant and a measure of the size of the population,while the b-value,also a constant,is a measure of the relative numbers of events of different magnitudes. The a-and b-values are determined from linear regression analyses of earthquake magnitude statistics. 10 Map.'_4.0 e 6 4 2 0 } 2.0 Map.>.5.0 (n 1.6 W Q 1.2 D O 0.8 cr 0.4 Q W 0 08 Maq.'_6.0 0.6 0.4 0.2 O 1950 1960 1970 1980 1990 TIME(Yr.) Figure 3. Annualized rate of earthquakes in southern California plotted by decade beginning in 1945. Although California Institute of Technology's Southern California Seismographic Network has recorded earthquakes since 1932, consistent determinations of magnitude to the nearest 0.1 units have been made only since 1945 (Hutton and Jones, 1992). Thus, the figure uses decade averages beginning in 1945 except for the last 7 1/2 years. 10 1945 - 1954 I 1955 - 1964 II�IIIII�III�IIIII�IIII�II�IIIIIll111W11� 0 0 0 0 0 0 0 35' ° o ® 'A 35* °� o ° ° ° o O O 9 00 0 0 ° 0 ° ° °° • m o ° o0 34° o 0 ° 0O,5 070 34° o ° 00 BO ° o o ° 0 ° O 0 0 per° o 33° 50 KM t o 33° 50 KM e �oAB°a0 ° II''''''IIII LLl_LL o 1L1 W o ° 0 0 121 ° 120° 119° 118° 117° 1160 121 ° 120° 119° 118 117° 116° 1965 — 1974 I I 1975 - 1984 l�lllllllllllllllllllllllllll111111.�1111111111�11 IIIIIIIIIIIIIIIIIIIIIII VIII W o • 0 0 ° o 35* •° 35° • o ° ° 00 O o 0 0 ° ° °° 0 o � m °° 34° ��� °° 0 34* '�CyD�— ° 0 0 ° _ 0 0 ° O o ° m ° 00 o%D Cr O 33° 50 KM �V 33° S �M 0 0 0 ° ° 0 0 0 L1JL1.1 0 _ 0 0 o ° >T< 121 ° 120° 119° 113° 117° 116° 121 ° 120° 119° 118° 117° 116° 1985 — 1992.5 MAGNITUDES 0 %0 O ° 0 4.0+ o 35° °00 O 5.0+ 0 0 0 0 o O • o 0 34* man°- o Q 7.0+ 0 0 0 Its ° • o °o W 33' 50 KM ° O Ob 0 M 121 ° 120° 119° 118° 117° 116° Figure 4. Epicenter locations of earthquakes of M4 and greater for the southern California region by decade from 1945 to 1985 compared with the period 1985 to 1992. 11 Earthquakes are driven by the tectonic stress resulting from strain accumulation in the earth's brittle upper crust. Geodetic and geologic data from the Mojave Desert had previously shown strain accumulating along a belt through which the Landers earthquake ruptured. This belt, known as the eastern California or Mojave shear zone (Figure 1), seems to average approximately 8-10 mm/yr (millimeters per year) of displacement (Savage and others, 1990; Dokka and Travis, 1990), and apparently transfers motion from the San Andreas fault in the Imperial Valley to the Basin and Range province in eastern California, Nevada, and Utah. The San Andreas system in California is responsible for approximately 35 mm/yr of displacement, with another few mm/yr offshore to make up a total of 48 mm/yr (DeMets and others, 1990) on the North American-Pacific plate boundary. Thus, the Mojave shear zone accommodates about 15-20 percent of the strain occurring along the plate boundary -- enough to be seismically active in historical time, but at a lower rate than for the main faults farther west. Over any time scale appropriate for public planning, the San Andreas and its related faults will continue to be southern California's most active fault. In retrospect, the Landers earthquake sequence began with the M6.1 Joshua Tree earthquake of April 22, 1992. This earlier event occurred with no sign of surface faulting on an unmapped north-south fault in the westernmost part of Joshua Tree National Monument. Its aftershocks, while largely restricted to a zone between the San Andreas and Pinto Mountain faults, gradually spread northwards over the next two months. The June 28, 1992, Landers earthquake began with a rupture on the north-south trending Johnson Valley fault, which is north of the east -west trending Pinto Mountain fault and slightly offset from the trend of the Joshua Tree rupture (Figure 1). This new rupture then propagated further north, along parts of the Homestead Valley, Emerson, and Camp Rock faults, extending over 70 km to the Rodman Mountains. In addition, the aftershocks of the Landers earthquake extended from the epicenter southwards across the Pinto Mountain fault and towards the San Andreas fault. The slip averaged 3-4 m (meters) and reached a maximum of approximately 6 m in Upper Johnson Valley. Three and one-half hours after the Landers event, a fault near Big Bear slipped at roughly right angles to the Landers rupture, but did not break the earth's surface. This slip resulted in the M6.5 Big Bear earthquake. Both quakes have been followed by long trains of aftershocks typical for their size (Figure 2a). Because of the temporal and spatial proximity of the Landers and Big Bear events, we regard the latter to be an aftershock of the former. It is not unusual for the largest aftershock of a magnitude 7.5 earthquake to be of magnitude 6.5. B. Foreshocks and Aftershocks We consider the M6.1 Joshua Tree earthquake of April 22 to be a preshock to the Landers earthquake. Its epicenter was about 30 km south of the Landers epicenter, on the same fault system, but probably on a different fault plane. The Joshua Tree earthquake had unusually high activity aftershock sequence for a M6.1 mainshock and included about 6000 aftershocks prior to the Landers earthquake. They mostly occurred on a previously unmapped north-northwest trending fault extending from the San Andreas fault to the Pinto Mountain fault; some occurred on a few small parallel faults (Figure 2b). In early June, the Joshua Tree aftershocks began to spread north of the Pinto Mountain fault, toward the future epicenter of the Landers mainshock. 12 Most of these events were east of the impending Landers rupture, but in retrospect, a few were i - Landers foreshocks, having occurred at the site of the future Landers epicenter. Many Joshua Tree aftershocks (Figure 2b) occurred on, and helped define the fault system responsible for the Landers mainshock -- a composite fault structure that trends north- northwest at its southern end and northwest at its northern end. These Joshua Tree events at least partially contributed to stress loading (discussed briefly below) on the eventual Landers zone. The largest aftershock to the Landers event was the Big Bear quake; this shock occurred on a separate, northeast-trending fault, located in the San Bernardino Mountains west of the Landers rupture. Additional aftershocks occurred: (a) in a patch northeast of Barstow, about 20 km north of, and on trend with the northernmost extent of the Landers rupture, and (b) in a couple of small patches east of the rupture. Although the Joshua Tree and Landers aftershocks did not cross the San Andreas fault, earthquakes following the Big Bear event occurred southwest of the San Andreas fault along the trend of the Big Bear aftershocks sequence. The magnitude distribution and temporal pattern of aftershocks to the Landers earthquake have behaved normally for a M7.5 mainshock. Generally, the number of aftershocks in a given sequence increases exponentially with magnitude of the mainshock. Thus, there have been a great many aftershocks -- the Southern California Seismic Network recorded more than 10,000 events in the 45 days from June 28 to August 11. Given the present pattern of aftershock behavior, the aftershocks in the Landers/Big-Bear sequence will continue for at least three years. The aftershock pattern for the Landers and Big Bear earthquakes can be used (Jones, 1992; also see Appendix) to estimate the probability of an aftershock occurring in a given magnitude range in a given time period (Table 2). The chance of more aftershocks capable of damage (M>5) over the next three years is high (95 percent). Such events pose little risk in most of the Landers rupture zone because of its low population density, but this is less true for an aftershock in the Big Bear area. Independent estimates of the probabilities for Landers and Big Bear aftershocks using the method outlined in the Appendix indicate that the Landers-only probabilities are very close to those shown in Table 2, while those for Big Bear are much smaller -- only 1 percent in the next year for a M6 or greater. This estimate is a consequence of the smaller magnitude of Big Bear's mainshock. It is probably better, however, to consider the Big Bear event and its aftershocks as a part of the Landers sequence. An extension of the Big Bear 1 rupture in another M6 is physically plausible. Table 2. Aftershock Probabilities for Combined Landers/Big Bear Sequence Starting September 1, 1992 Ma nig tude I Y_rr >5 85% 95% >6 23% 34% I 13 C. Distant Triggered Earthquakes Within minutes after the Landers earthquake, local earthquake activity increased abruptly at widely scattered sites across the western United States (Figure 5; Reasenberg and others, 1992). This increase, while unusual, was not unprecedented. Some distant triggering may have been caused by the 1906 San Francisco earthquake -- notably a M6+ event in the Imperial Valley on the afternoon of the same day. Previous observations have shown that earthquakes can be induced or triggered by filling and emptying reservoirs, injecting and extracting fluids through deep boreholes, mining, detonating underground nuclear explosions, and other earthquakes. Aftershocks usually occur within one or two fault-lengths of the mainshock, however, with areas farther away generally remaining unaffected. Nevertheless, for the Landers event, triggered earthquakes appear to have occurred as far away as 17 fault lengths (1250 km). The clearest observations of probable triggered activity come from areas north and east of Landers (Figure 5). Indications of a widespread increase in earthquake activity in southern California also exist, but these remain equivocal because the regional earthquake catalog is incomplete -- an unavoidable consequence of backlogged processing due to the Landers aftershocks. In areas such as the Long Valley caldera and the Geysers, normally high seismicity rates became even higher in a sudden surge which started within 30 seconds after the local arrival of the seismic waves from the Landers quake and while the most energetic portion of the seismic waves from the Landers mainshock was still passing through these regions. In less active regions, such as Mono Basin, Mt. Shasta, and the White Mountains, the earliest candidates for triggered earthquakes are those detected between 8 and 24 hours after the mainshock. A dramatic increase in the earthquake rate occurred along the Sierra Nevada - Great Basin boundary from Owens Valley to Lake Tahoe. In the southern Cascade Range in California, seismic activity increased in areas near Mount Shasta, Medicine Lake Caldera, and Lassen Peak, but did not change further north in other volcanic centers of the Cascades. In southern Nevada and eastern California, triggered events occurred in a broad zone extending northward from the Landers earthquake aftershock zone through Death Valley, east to Cedar City in southwestern Utah, and up to Yellowstone National Park. The biggest of these earthquakes was near Little Skull Mountain, Nevada, with a magnitude of 5.6, 22 hours after the Landers earthquake. The seismicity rate did not increase along the creeping section of the San Andreas fault or in the San Francisco Bay region. No rate changes were observed in northern Arizona, in the Rio Grande Rift zone in New Mexico, or along the Wasatch fault zone in Utah. The causal relationship between the Landers earthquake and distant triggered earthquakes is unknown. However, the threat to public safety from similar long-distance triggering associated with future large earthquakes appears to be limited. The increased rate of events within two fault- lengths of the Landers mainshock might be explained by the static change in stress resulting from the Landers rupture. The occurrence of small events in more distant geothermal areas such as Mt. Shasta and Lassen Peak may be attributed to the dynamic stresses associated with seismic waves, which are much larger than the static stress change at those distances. Oddly, earlier large earthquakes near Cape Mendocino (i.e., the April 25, 1992 M7.2 Cape Mendocino earthquake and its large aftershocks) which were much closer to Mt. Shasta and Lassen Peak, did not trigger earthquakes in these same areas. 14 Figure 5. Top panel: Earthquakes listed in regional network catalogs for northern California, northern and southern Nevada, and Utah in the 10-day period before the June 28, 1992 Landers earthquake. All magnitudes are shown. Bottom panel: The same region for the 10-day period after the Landers earthquake. 10 DAYS BEFORE LANDERS EARTHQUAKE 42• ° \ - MAGNITUDES 1 1 ° 0.0• 41• 1 i 1.0. O t - • • O , O 2.0• 40 \` 3.0. O 5.0• 1 • 37• b: . \ \•. 36, ti•� 1 ,d 35• 1 1 O O 34• q ' � - 1 33° soo KM e 124• 123° 122° 121° 120• 1)9° 18 1 117• 116° 115• 114• 113• 10 DAYS AFTER LANDERS EARTHQUAKE 42° l��diltlihl�tltliltlilply,lWL1 MAGNITUDES .1 o.o. 41• j�} O 0 2.0+ 40• , oa p 3.o• • . o •I O 0 4.0. 79° O 5.0• 11 Oe p�O j 38* �I i Wo °a I 37- j- `4 ° •Hp Q o 36° '•b j oq, o 0 35° 33° ' 500 KM S t I I I 1 -__J \ •\ TM TTT*FRTnTTMjMT RiT*TTnTN*TTiTi—riT—"T 124• 123° 122° 121• 120° 119° 118• 117° 116° 115° I1',• 113• 15 A question raised by the public is whether two nuclear explosions at the Nevada Test Site (NTS) on June 19 and 23 might have triggered the Landers earthquake. Previous explosions at NTS have triggered earthquakes, but only very close by, even when the explosions have been much larger than the two in question, which were magnitude 3.0 and 3.9. As the earlier discussion makes clear, the Landers earthquake had a more effective source of triggers much closer-- namely the many aftershocks of the earlier Joshua Tree earthquake. V. STATIC STRESS CHANGES CAUSED BY THE LANDERS EARTHQUAKE SEQUENCE WGCEP 90 employed a quantitative method (after Dieterich, 1988) to include static stress changes to assess the effect of one event on the probability of a future event on a nearby segment. Including this effect for faults in the Bay Area slightly increased the estimated probabilities on most fault segments there and a similar calculation in southern California might increase the probability in that region. Has the Landers earthquake changed the failure state of the San Andreas fault? One estimate of the proximity to failure on a fault is given by the Coulomb failure stress, which specifies that failure is promoted when there is an increase in the sum of the shear stress (acting on the fault plane) plus the friction-coefficient times the extensional stress (acting perpendicular to the fault plane). Stress changes by the Landers earthquake sequence have been modeled by Stein and others (1992), Harris and Simpson (1992), and Jaume and Sykes (1992). Models indicate that moderate-sized earthquakes near Landers from 1975 to 1992 increased the proximity to failure along the impending Landers rupture. Stress changes resulting from the 1975 Galway Lake, 1979 Homestead Valley, 1986 North Palm Springs, and 1992 Joshua Tree earthquakes together caused an increase of about 1 bar (note: 1 bar equals 15 lbs/in2 and corresponds to atmospheric pressure at sea level) in the proximity to failure at the future Landers hypocenter(Figure 6, Panel A). This is about 1-2 percent of the stress drop that occurred during the Landers earthquake. A similar stress transfer is consistent with the triggering of the Big Bear earthquake 3 hr and 6 min after the Landers shock. The Landers rupture increased by 1- 3 bars the proximity to failure at the Big Bear hypocenter (Figure 6 -- Panel B, and Figure 8). The Landers and Big Bear earthquakes also increased the static stresses on parts of the San Andreas fault (Figures 7 and 8). The largest estimated stress changes of 5-10 bars occurred along parts of the San Bernardino Mountains segment (Figure 8), which would have brought these parts closer to failure by an amount estimated to be equivalent to an advance of 10-20 years in the timing of the next large earthquake (Table 3). Smaller stress changes on the San Andreas fault to the southeast are estimated to have brought parts of the Coachella Valley segment closer to failure by an amount equivalent to 3 to 10 years. The Mojave segment to the northwest was slightly relaxed by the Landers-induced stress changes, by an amount equivalent to a delay of 0.3 to 10 years. The ranges in clock advances reported above are a consensus among Stein and others (1992) and Harris and Simpson (1992) and reflect differences in models and assumptions regarding fault geometry and averaging stress along the fault. Among other faults brought closer to failure in the models, parts of the San Bernardino Valley and San Jacinto Valley segments of the San Jacinto fault zone are estimated to have experienced a clock advance of about 5-8 years. 16 1�lgure 6, Panel A: Optimum COU10I11b failure stress changes (for a static friction coefficient, l , of 0.4) caused by the four W!5.2 shocks within 50 km of the t Landers earthquake occurring during the previous 17 years. The optimum right- lateral fault planes are shown by the b short sh h Landers in to the lack lines. N o o epicenter and much of the fault rupture lies within the zone of elevated stress. Panel B: Optimum Coulomb failure »<_« stress changes (forµ=0.4) caused by the Change In Right-Lateral Landers rupture. The optimum left- Failure Stress ? . Slip Unes (13M) -1.0-0.8-0.E-0.4-0.2-0.00.2 0.4 0.8 0.8 1.0 In black lateral fault planes are shown by the short white lines. The left-lateral Big Bear rupture, which followed the Landers shock by 3 hr 6 min, occurred in the largest region of stress increase of the Landers rupture. From Stein and others (1992). Change In LsR Lateral Failure Stress Slip Lines (be-) -2.0-1.0-1.2-0 8-0A-0.0 0.4 0.8 12 1.8 2.0 In white 17 � 4 irk 6� r r 3 yA y ;� $ F4 4• F� F r: Y S fN. 1 4 �i. F Failure Stress Chan bars Earthquakes within Change S 25 days of Landers 9 � Main Shock El -0.5 -0.4 -0.3 -0.2 -0.1 -0.0 0.1 0.2 0.3 0.4 0.5 Figure 7. Optimum Coulomb failure stress changes caused by M?6 earthquakes in southeastern California during 1979- 1992. A regional compressive stress of 100 bars is oriented N7°E. Landers aftershocks are from Caltech-USGS network (M?1). Stress changes caused by die Imperial Valley(IV),Elmore Ranch(ER)and Superstition Hills(SI I)earthquakes arc included. Stress has risen in the Coachella Valley (Bombay Beach to north of Indio) and the San Bernardino Mountains segments(north of Palm Springs to Cajon Pass). Stress has dropped on Mojave segment(Cajon Pass to west edge of map). Y= Yucaipa. Other faults arc Elsinore (EF),San Jacinto(SJF),Garlock (GF),Camp Rock(CRF),Pisgah(PF),Lenwood (I,F),and Blackwater(BF). From Stein and others(1992). 1 O i Figure 8. Changes in Coulomb failure stress for selected southern California faults and for fault planes of five M>4.5 aftershocks to the Landers earthquake. Red indicates that a fault was loaded toward failure in the model, and blue indicates relaxation. Landers rupture = yellow patches, SAFZ= San Andreas fault zone, M = Mojave segment, SB = San Bernardino Mountains segment, CV = Coachella Valley segment, SJFZ= San Jacinto fault zone, SBV = San Bernardino Valley segment, SJV = San Jacinto Valley segment, A = Anza segment, BM = Borrego Mountains segment, SMF = Superstition Mountains fault, SHF =Superstition Hills fault, IF=Imperial fault. M>4.5 aftershocks: bb =Big Bear Lake, br= Barstow, m = Mojave, p =Pisgah, rc =Ridgecrest. From Harris and Simpson (1992). Panel A: Changes in Coulomb failure stress for a low apparent coefficient of friction, µ=0.2, which could represent either weak faults or the presence of pore fluids moderating the normal (perpendicular) stress changes. Panel B: Changes in Coulomb failure for a high apparent coefficient of friction, µ= 0.8, which could represent either strong faults or, if pore fluids are present, the failure situation after enough time has passed for the fluids to re-equilibrate. Note that four of the five M>4.5 aftershock fault planes were brought closer to failure by the Landers-induced Coulomb failure stresses. 19 A) µ=0.2 rc ® Garlock fault ;: br � San Andreas p Zone b A4 q . � San✓a�L _ � . nto F q avh<one 50 km B) µ=0.8 rc A Garlock fault br® M �. San Andreeas h Zone b -�-- M B o Pat,�2o 50 km -5 0 5 Change in Coulomb Failure Stress (bars) Figure 8 20 Table 3. Data Used to Estimate Clock-Advance Probabilities Fault Last Mean Recurrence Standard Time Since Clock Segment Event Interval (vrs) Deviation * Last Event (�rs) Advance (yrs) ** Mojave (SA) 1857 162 0.41 135 - 0.3 to -10 *** San Bernardino Mountains (SA) 1812 198 0.60 180 10 to 20 Coachella Valley (SA) 1680 258 0.30 312 3 to 10 San Bernardino Valley (SJ) 1890 t 102 5 to 8 San Jacinto Valley (SJ) 1918 t t 74 5 to 8 * The standard deviation of the natural logarithm of the ratio of the expected recurrence time to its mean. ** Derived using a plausible range of models, including the plate model of Stein and others (1992) and the halfspace model of Harris and Simpson (1992). *** For this segment the clock was delayed 0.3 to 10 years. t Data not available. VI. PLAUSIBLE FUTURE LARGE EARTHQUAKES AS A CONSEQUENCE OF THE LANDERS EARTHQUAKE SEQUENCE The WGCEP 88 report stated that there is a relatively high level of seismic hazard in southern California from the "ripeness" for rupture of the southern San Andreas fault. Since then, there have been new developments: (a) regional earthquake activity has increased since 1985 compared with the previous two decades, (b) the Landers earthquakes has occurred, and (c) the stress toward the failure limit has been increased on parts of the San Andreas fault. These factors may increase the chances of large earthquakes in southern California. However, the most probable outcome is for no M>7 earthquake in southern California during the next few years. In the last two centuries, the region has experienced about eight earthquakes greater than M7 (Table 4). If these large earthquakes are assumed to occur randomly in time, then this record implies a probability rate of about 4 percent per year. In this section we consider the potential for a major earthquake (M>7) occurring within approximately 100 km of the Landers rupture in the next few years (refer to Figure 1). If such an event were to occur, it would most likely nucleate on either a segment of the southern San Andreas fault, the northern San Jacinto fault, or a fault in the Mojave shear zone. Below we review the most plausible large earthquake scenarios on these structures given the occurrence of the Landers earthquake sequence. 21 vor Table 4. Big Earthquakes in Southern California Year Month DU M Location 1812 12 8 7 Wrightwood 1812 12 21 7 Santa Barbara Channel 1857 1 9 8.2 Fort Tejon 1872 3 6 7.6 Owens Valley 1927 11 4 7.3 Southwest of Lompoc 1940 5 19 7.1 Imperial valley 1952 7 21 7.7 Kern County 1992 6 28 7.5 Landers Data from Ellsworth(1990),and this report. Note that two large earthquakes,apparently separated by more than 100 km,occurred within two weeks in 1812. Table 5. WGCEP 88 Fault Segments Fault Se2men Lengt h Last 30-yea ,(km) Event ProbabiliLv San Andreas Mojave 100 1857 0.3 San Andreas San Bernardino Mountains 100 1812 0.2 San Andreas Coachella Valley 100 1680 0.4 San Jacinto San Bernardino Valley 50 1890(?) 0.2 San Jacinto San Jacinto Valley 65 1918 0.1 San Jacinto Anza 50 1892(?) 0.3 22 A. Southern San Andreas and Northern San Jacinto Faults The southern 300 km of the San Andreas fault has been divided into three distinct segments, based upon the geometry of the fault, its historical seismicity, and the availability of paleoseismic data -- the Mojave, San Bernardino Mountains, and Coachella Valley segments. The northern San Jacinto fault has been divided into the San Bernardino Valley, San Jacinto Valley, and Anza segments (WGCEP 88; Figure 1 and Table 5). Paleoseismic data from several sites along the San Andreas (Table 6) indicate that large coseismic ruptures may commonly involve more than one segment. The multiple-segment character of the historical 1857 Fort Tejon and 1906 San Francisco ruptures support this conclusion. The possibility that recent prehistoric large earthquakes were produced by single segments acting alone, however, cannot be excluded by the paleoseismic data. Radiocarbon dating (the most commonly used method to date prehistoric earthquakes) cannot always distinguish two earthquakes occurring on two adjacent segments within a few decades of one another from a single event involving both segments, and vice versa. Thus, an earthquake at one site may be correlated with an earthquake at another site based upon indistinguishable radiocarbon ages, even though the events may be decades apart. Such a correlation would tend to overestimate probabilities of larger events. (1) San Bernardino Mountains Segment: This segment is the most geometrically complex part of the southern San Andreas fault. The northwestern end of this segment was defined (WGCEP 88) as the southeastern limit of the 1857 rupture, northwest of Cajon Pass. It is also, in effect, the intersection of the San Jacinto fault with the San Andreas. The southeastern end of the segment was defined to be San Gorgonio Pass. By this definition, the San Bernardino Table 6. Earthquake Surface Rupture Coachella an Bernardino Mojave Carrizo Valle v Mountains Earthquake Indio Pitman Cajon Wrightwood Pallett Mill Cardzo Canyon Creek Creek Potrero 1857 X X X X 1812 X X X X 1690 X X ? X 1590 ? ? X ? 1490 X ? ? X X X X Recent trenching studies at Wrightwood,Pitman Canyon (near Devore)and Indio,combined with the previous work by Sieh (1978)at Pallett Creek,give more precise dates and sizes of earthquakes on the San Andreas fault than were available in 1988.No information exists at Pitman Canyon for 1690.Cajon Creek suffered two additional events between 1290 and 1812;but dates are unknown. 1690 is a revised estimate of the date of the"1680"event referred to by WGCEP.The 1680 date is used in Tables 3 and 5 for conformity with WGCEP 88. 23 Mountains segment includes most of the San Andreas fault between the southern tail of the Landers/Joshua Tree earthquake sequence and the southwestern tail of the Big Bear aftershock zone (Figure 2a). Results discussed earlier indicate that the Landers and Big Bear ruptures decreased the normal stress and increased the right-lateral shear stress on this portion of the San Bernardino Mountains segment between the two aftershock zones. Furthermore, a small patch of the San Bernardino Mountains segment slipped in the North Palm Springs earthquake of 1986 (Jones and others, 1986), indicating that this segment may be ready for a larger rupture. Its relatively long period of dormancy may also indicate that the San Bernardino Mountains segment may be near failure. Sites at Wrightwood, just a few kin northwest of the segment and at Pitman Canyon within the segment, show evidence of ruptures in 1690 and 1812. If the 1690 event is the same one detected at Indio, then it must have ruptured the entire San Bernardino Mountains segment. Likewise, we might assume the event in 1490 ruptured through the segment because of surface rupture at both Indio and Wrightwood. If the 1812 earthquake ruptured the San Bernardino Mountains segment, then the mean recurrence time since 1490 is about 167 years (502 divided by 3), and an elapsed time since rupture is 180 years. If, on the other hand, the 1812 event did not continue southeast of Wrightwood/Pitman Canyon, then the mean recurrence time is 251 years (502 divided by 2), and the elapsed time is about 300 years. In both cases the elapsed time exceeds the mean recurrence time. Two facts suggest, however, that the San Bernardino Mountains segment may not be in imminent danger of failure: (a) The North Palm Springs earthquake did not trigger a larger earthquake, and (b) very few aftershocks (potential triggers) of the Joshua Tree, Landers, or Big Bear earthquakes have occurred on the San Andreas fault. The aftershocks near Yucaipa are a concern, especially those with focal mechanisms expected for San Andreas fault earthquakes, and these continuing aftershocks and the strain field accompanying them merit careful monitoring. Should additional moderate sized earthquakes occur on the San Bernardino Mountains segment, the likelihood for future rupture of this segment would increase. Immediately following the April 22, 1992, Joshua Tree event (M6.1), the USGS office in Pasadena applied the model of Agnew and Jones (1991) to determine the probability that an earthquake of a given magnitude on the San Andreas fault is a foreshock to a larger earthquake. The OES was notified that there was a 5 to 25 percent chance of a large earthquake on the San Andreas fault within the 72 hours immediately following the Joshua Tree event, and OES issued a public advisory. However, because Agnew and Jones (1991) did not consider the possibility of a large earthquake sequence (such as Landers/Big Bear) that had numerous aftershocks in the vicinity of the San Andreas fault, it may be inappropriate to use their model to estimate the probability that Landers/Big Bear aftershocks will be foreshocks to a larger San Andreas event. At this point, the hazard ensuing from the occurrence of such an earthquake cannot be quantified, but as is the case with most potential aftershocks, the chance that a large San Andreas earthquake would follow a M6 is probably small. Still, the consequences of such an event are serious and it would appear to be appropriate that OES take precautionary measures including planning for an alert and mobilization in response to a M6 or larger event occurring on or near the San Andreas fault between Cajon Pass and Bombay Beach. If the San Bernardino Mountains segment should fail in the next few years, its complex fault geometry suggests that the coseismic deformation will also be complex; the event would 24 probably be well over M7. Assuming a 25 mm/yr long-term slip rate (Weldon and Sieh, 1985), between 4.5 and 7.5 m of right-lateral displacement would occur along the principal rupture, with the potential for a lesser, but not insignificant, component of reverse slip. The large number of active secondary structures and numerous changes in strike and dip along the segment suggest that aftershock activity could be unusually robust and complex. (2) Coachella Valley Segment: The Coachella Valley segment is the most likely segment of the San Andreas fault to fail in the next 30 years (WGCEP 88). This conclusion was based on paleoseismic data near Indio which indicate that between about 1000AD and 1700AD the average time interval between large earthquakes was about 230 years, but that the most recent seismic rupture occurred about 300 years ago. As noted earlier, calculations indicate that the Landers and Big Bear ruptures slightly increased the right-lateral shear stress on this fault segment. If this segment fails soon, right-lateral offsets of about 9 meters could be expected given the current period of dormancy and long-term slip rate of about 30 mm/yr. (3) Mojave Segment: This segment was not strongly perturbed by the Landers and Big Bear earthquakes or their aftershocks, and the stress may have moved farther from the failure limit by a small amount. Nevertheless, this segment is relatively hazardous (WGCEP 88), and the Landers event has not changed this conclusion. (4) Combinations of San Andreas Segments: Since 1988 new paleoseismic data have become available (e.g., Table 6), and our understanding of seismicity along the southern San Andreas fault system has advanced. The paleoseismic data show that either earthquakes frequently rupture across segment boundaries or that adjacent segments tend to rupture within a short time of one another (Sieh and others, 1989). Simultaneous rupture of the San Bernardino Mountains and Coachella Valley segments is certainly plausible, and this scenario would entail rupture of the southern 200 km of the San Andreas fault in an earthquake of about M7.8. Part of the 100-km-long Mojave segment moved with the San Bernardino Mountains segment in 1812 and could do so again. If the Mojave segment failed in conjunction with the San Bernardino Mountains and Coachella Valley segments, the rupture length would be about 300 km, and the earthquake would be about M8. The probability for such a multisegment event is lower than that for the individual segments. (5) Northern San Jacinto fault: Although the southern half of the San Jacinto zone has produced numerous moderate earthquakes throughout the past half century, the northern half has been seismically quiet since the occurrence of major earthquakes in 1899 and 1918. Earthquakes greater than M7 are plausible on the Anza, San Jacinto Valley and San Bernardino Valley segments (WGCEP 88). The Landers sequence caused the stress to move closer to the failure limit on the San Bernardino Valley and San Jacinto Valley segments of the San Jacinto fault, although to an even smaller extent than it did on the sub-parallel San Andreas. 25 B. Miscellaneous Faults of the Mojave Shear Zone I The Landers earthquake was generated by the sudden failure of interconnected fault segments on several different faults within the south-central part of the Mojave shear zone. Many more fault segments within this 90-km-wide zone of active right-lateral faults did not fail during the earthquake, but, because of their proximity to the rupture, fall within the region of appreciable coseismic static stress change. As discussed earlier, modeling of the stress change indicates that some of these structures experienced effects that would inhibit failure, while others underwent changes that might accelerate failure. Furthermore, the Landers and other earthquakes in southern California over the last 7 1/2 years may indicate increased stress over a broad region. This stress might be large enough to push some unrecognized fault toward the failure point. The recurrence of major ruptures along each active fault in the Mojave shear zone is probably measured in millennia, rather than centuries. If this is correct, the annual probability of rupture of any one fault would be much lower than for faults of the San Andreas system where recurrence intervals are typically shorter by an order of magnitude. Furthermore, several of this century's M>7 earthquakes, including the 1954 Dixie Valley-Fairview Peak, 1932 Cedar Mountain, 1915 Pleasant Valley, and 1872 Owens Valley earthquakes, effectively occurred on a northward extension of the Mojave shear zone and have originated on faults with similarly long recurrence intervals. The dates of the most recent large earthquakes on faults of the Mojave shear zone are unknown, however, and one or more could be similar to the Landers rupture -- i.e., "ripe" for failure. The larger ones could generate M7 earthquakes if they were to fail, making any of these faults, singularly or in conjunction with its neighbors, a possible source for the next major earthquake in southern California. Of particular concern is the Calico-Blackwater fault zone. Since the Landers event, a well-defined zone of aftershocks has been developing just southwest of this fault zone -- to the northeast of Barstow (Figure 2a). The spatial relationship of these quakes to the Calico- Blackwater faults resembles that of the Homestead Valley earthquakes in 1979 to the Homestead Valley/Johnson Valley faults on which the Landers rupture occurred. Another area of concern is a gap in aftershocks between the northern termination of the Landers rupture on the Camp Rock fault and a zone of aftershocks northeast of Barstow (Figure 2a). This roughly 40 km gap could be filled with a M6+ aftershock, thus affecting the Barstow area. VII. INTERMEDIATE-TERM (1 TO 5 YEAR) PROBABILITY ESTIMATES In the last section we examined the likelihood of failure of the faults within 100 km of the Landers rupture. In this section we quantitatively assess the probability of earthquake occurrences in the intermediate term for regions potentially impacted by the Landers earthquake as well as for greater southern California. We first consider the immediate impact of the Landers earthquake sequence on the San Andreas and San Jacinto faults, and then examine probabilities for the greater Landers and southern California regions without regard to specific faults. For the latter we rely mainly on earthquake catalogs. Because few historical precedents exist and those that do are for rather different circumstances, probability cannot easily be addressed as frequency of occurrence or as a description of well-categorized randomness. Rather, probability must be 26 interpreted as betting odds. We consider a number of techniques below, covering a spectrum from very empirical to very model dependent. Generally the empirical techniques are based on global earthquake observations which are numerous but fail to capture the special circumstances of the present case. The model-dependent techniques are based on assumptions that are reasonable but untestable because of insufficient data. The probability estimates below are for periods beginning September 1, 1992. Most are driven by the fact that no large earthquake has occurred between the time of the June 28, 1992, Landers earthquake and September 1, 1992, and we have explicitly included this fact. A. Southern San Andreas and Northern San Jacinto Faults The WGCEP 8.8 report calculated the probability of a large event on a specific segment of the San Andreas fault given the time elapsed since the last such event, but did not address the effects of one fault or segment of fault upon another. The report assumed that earthquakes on a given segment are quasi-periodic, with a probability density function for inter-event times given by the log normal distribution. Since the Landers earthquake did not occur either on the San Andreas or San Jacinto fault, we assume that it did not reset the clock to zero for any of the San Andreas or San Jacinto segments. However, one way to approach a revision in probabilities (WGCEP 90) for these faults is to add the time it would take to accumulate aseismically the change in Coulomb failure stress on the San Andreas or San Jacinto fault caused by the Landers earthquake to the elapsed time since the last earthquake ("clock advance"). We estimated one-year probabilities for segments of the southern San Andreas and the northern San Jacinto from the data in Table 3. They were not perceptibly different from those calculated using the same methods as WGCEP 88, without the clock advance. The negligible change in probability predicted by the clock advance method may not adequately reflect the change in seismic hazard. It is based on a simple quasi-periodic model for earthquake occurrence that may not capture the true physics of stress interactions following a large earthquake. The sequence of quakes beginning with the 1975 Galway Lake earthquake and culminating with the Landers event suggests that the stress increment form each earthquake helped trigger the next one. Another remarkable sequence of earthquakes occurred along the North Anatolian fault in Turkey from 1939 to 1944. However, examination of global earthquake catalogs shows that such apparent triggering is far from universal. When considering failure criteria, the irregular geometry and heterogeneous distribution of strength along a fault may be more important than stress increments from nearby earthquakes. Since more time is needed to discuss these issues, we will defer a more complete analysis of the probability estimates for individual segments of the San Andreas and San Jacinto faults to the Phase I1 report. B. Greater Landers Region Let us now estimate the probability of a large earthquake (M>7) occurrence in the greater Landers region without regard to specific faults. For convenience, this region will be described by a rectangular box with latitude range 33.50 N to 35.50N and the longitude range 115.50W to 117.50W (Figure 1). Using data for the southern California catalog from 1932 through 1991 27 A. Landers: Computed Intensity 35.0 Barstow p 34.8 , ads r;, � s\ 34.6 34.4 - -" 34.2 Pasadena Q San Bernardino Q Yucca Valley .+ . Los Angeles A J 34.0 Q Riverside t 3 p Palm SpringsQ z 33.8 Q Santa Ana 33.6 �s s 33.4 33.2 33.0 -119.0 -118.5 -118.0 -117.5 -117.0 -116.5 -116.0 East Longitude V VI VII VIII IX Intensity (Modified Mercalli) B. Barstow (Calico): Predicted Intensity 35.0 j Barstow' ^a a.':'iia�s'�: 34.8 . em[ .✓ sy z. r �i t K"43 ' 34.6 34.4 ?. t ... mss•♦ ;. . �i... y` ti j34.2 Pasadena Q San Bernardino 1. Q x QYucca Valley Los Angeles Q '�< J 34.0 p Riverside t 0 33.8 Palm Springs Q Q Santa Ana 33.6 33.4 33.2 hill 33.0 d -119.0 -118.5 -118.0 -117.5 -117.0 -116.5 -116.0 East Longitude aro.. ru1YlNlw �1�JII I C. San Andreas (S.B Mtn.): Predicted Intensity 35.0 \ v , 34.8 L Na\tri 34.6zw `�2 i x 34.4 , \�\ 34.2 .\YC ,'rb `'�`•f,F .:a1 •'�...Pasadena .a. �. an Bernardino v;Y�pYuccv Valley o Los Angelespr i ra\°i "' ►R. -� 34.0 „ Q Rverside P A ac z° 33.8 t> ,;`*" "� <:. ,r,a 3 Palm,Sp 33.8 - p* zz \ cQ Santo Ana \ \s 33.6 \ 2 w \ E r + aa> A ,"M. 33.4 33.2 r 33.01 tj -119.0 -118.5 -118.0 -117.5 -117.0 -116.5 116.0 East Longitude <1, Y� V VI VII VIII IX Intensity (Modified Mercalli) 35.0 D. San Andreas (Coachella): Predicted Intensity Barstow Q ix 34.8 to x 34.6 34.4 34.2 �`:` Q Pasadena San Bernardino ,& a. QYucca Valley o Los Angeles,& -� 34'0 Q Riverside ' Z 33.8 Palm Springs r Q Santa Ana z �. 33.6 z 33.4 � >s 33.2 3 33.0 -119.0 -118.5 -118.0 -117.5 -117.0 -116.5 `116.0 East Longitude k Awk is E. San Andreas (S.B Mtn. + Coachella): Predicted Intensity 35.0 Bars tow Q I 34.8 34.6 34.4 v , > ti #r 41111!34.2 k : , x > 2..:. Son BernardinoQ r Yucco Valley z +r Los AnyN��` 34.0 �x p Riverside t � p Palm Spnngs Q z 33.8 QSanta Ana 33.6tt 33.4 33.2 33.0 -119.0 -118.5 -118.0 -117.5 -117.0 -116.5 -116.0 East Longitude PIN „ a V VI VII VIII IX Intensity (Modified Mercalli) F. San Andreas (S.B Mtn. + Mojave): Predicted Intensity 35.0 Barstow Q 34.8 34.6 �< 34.4 ` 7 34.2 : Q Pasadena *kSon�BernardinoQ £ QYucca Valley J Los Angeles 7-M., 34.0 Riverside sr> O '` s Jl�Po lm Spnngs Q z 33.8 Q Santa Ana r � 33.6 71 33.4 s Sk \ 332 y 33.0 -119.0 -118.5 -118.0 -117.5 -117.0 -116.5 -116.0 East Longitude z i, G. San Jacinto (North): Predicted Intensity 35.0 Barstow p s 34.8 'I � 34.6 — I'M�Tk '+,\� 34.4 34.2 a< 2 Son Bema►fino QYucca Valley Log AngelesC.;\c ; ..:>� „e \ \ Z —� 34.0 River�de ,k 2 Y' z° 33.8a��;A> >� Pa Spnngs p 33.6 33.4 33.2 33.0 —119.0 —118.5 —118.0 —117.5 —117.0 —116.5 —116.0 East Longitude °Ksk V VI VII' VIII Ix Intensity (Modified Mercalli) 35 Table 9. Modified Mercalli Intensity Scale of 1931 (Steinbrugge, 1982) IV. During the day felt by many, felt outdoors by few. At night some awakened. Dishes, windows, doors disturbed; walls make creaking sound. Sensation like heavy truck striking building. Standing motor cars rocked noticeably. V. Felt by nearly everyone; many awakened. Some dishes, windows, etc. broken; a few instances of cracked plaster; unstable objects overturned. Disturbance of trees, poles, and other tall objects sometimes noticed. Pendulum clocks may stop. VI. Felt by all; many frightened and run outdoors. Some heavy furniture moved; a few instances of fallen plaster or damaged chimneys. Damage slight. VII. Everybody runs outdoors. Damage negligible in buildings of good design and construction; slight to moderate in well-built ordinary structures; considerable in poorly built or badly designed structures; some chimneys broken. Noticed by persons driving motor cars. VIII. Damage slight in specially designed structures; considerable in ordinary substantial buildings with partial collapse; great in poorly built structures. Panel walls thrown out of frame structures. Fall of chimney, factory stacks, columns, monuments, walls. Heavy furniture overturned. Sand and mud ejected in small amounts. Changes in well water. Disturbs persons driving motor cars. IX. Damage considerable in specially designed structures; well-designed frame structures thrown out of plumb; damage great in substantial buildings, with partial collapse. Buildings shifted off foundations. Ground cracked conspicuously. Underground pipes broken. Table 10. Observed and Predicted Landers Intensities Place Observed Predicted Barstow VI-VII VI 1/2 Cherry Valley VI VI Forest Falls VII VI 1/2 Joshua Tree VII-VIII VIII Los Angeles VI IV 1/2 Morongo Valley VII VII 1/2 Palm Springs VI+ VI 1/2 Pasadena V-VI IV 1/2 Redlands VII VI Yucca Valley VIII VIII 36 IX. CONCLUSION The Landers earthquake occurred on a series of interconnected fault segments within the Mojave shear zone, which accommodates 15-20 percent of the total displacement across the North American-Pacific plate boundary. The surface faulting from the Landers earthquake was almost entirely within one of the Special Studies zones designating active faults, although the actual combination of faults along the zone of rupture was not anticipated. One reason for public concern over the Landers earthquake is the perception that there have been many earthquakes lately. This perception is accurate for southern California. Since 1985, M5 and larger earthquakes have occurred at a rate 1.7 times higher than for the previous four decades. For M6 and above, the rate is up by a factor of 3.6. We do not know if this change represents a short-term fluctuation or a persistent trend. The Landers event belongs to an earthquake sequence which includes the 1975 Galway Lake (M5.2), 1979 Homestead Valley (M5.6), 1986 North Palm Springs (M6.0) and 1992 Joshua Tree (M6.1) quakes. The stress redistribution from these events is estimated to have increased the stress toward the failure limit along most of the future Landers rupture by about l bar. The Joshua Tree earthquake occurred April 22, 1992, on the same general fault zone as the Landers rupture, and in early June its aftershocks began to spread northward toward the future epicenter of the Landers mainshock. In retrospect, we consider a few of these events to be Landers foreshocks occurring at the site of the future Landers epicenter. The stress redistribution inferred for the Landers earthquake itself increased the stress toward the failure limit for some segments of the San Andreas fault (by up to 10 bars for the San Bernardino Mountain segment and less than one bar for the Coachella Valley segment), but decreased it for the Mojave segment by somewhat less than a bar. Most significantly, it increased the stress toward the failure limit by about 3 bars in the rupture area of the Big Bear quake (M6.5) which occurred 3 hr and 6 min after Landers. We consider the Big Bear quake to be an aftershock of the Landers earthquake because it was within one rupture length of the Landers mainshock and had a magnitude consistent with the normal distribution of aftershock sizes for a M7.5 mainshock. The local aftershocks of the Landers earthquake have behaved normally for a M7.5 mainshock. The aftershocks in the Landers/Big Bear sequence will continue for at least three years. Table 11 gives probabilities of aftershocks for the combined Landers/Big Bear sequence with magnitudes greater than the specified value for various periods beginning September 1, 1992. Table 11. Aftershock Probabilities Magnitude 1 Year Probability 3 Year Probability >5 85% 95% >6 23% 34% The Landers event was followed by a sudden increase in the rate of seismicity over a large area of western United States, particularly in geothermal areas along the Sierra Nevada- Great Basin boundary from Owens Valley to Lake Tahoe and as far north as the southern Cascades. Such widespread distant triggering of earthquakes is largely unprecedented. While the triggering mechanism is not well understood, there is some evidence that dynamic stresses generated by seismic surface waves spreading from the epicenter may be responsible. To address the prospect for large (M>7) earthquakes in the in the next few years in southern California, some plausible earthquake scenarios have been enumerated, their effects on urban areas of southern California described, and their intermediate-term probabilities estimated. The most likely outcome is that no large earthquake (M>7) will occur within 100 km of the Landers rupture in the next few years. If one should occur it is most likely to originate on one or more of the following structures: ♦ Miscellaneous faults of the Mojave shear zone, including the Helendale, Lenwood, Old Woman, Springs, northern Johnson Valley, Cal ico-Black water, Rodman-Pisgah, or the southern half of the Emerson fault. ♦ The San Bernardino Mountains and Coachella Valley segments of the San Andreas fault, or a combination of the San Bernardino Mountains segment with either the Coachella Valley segment or the Mojave segment, or with both. ♦ The northern San Jacinto fault. Ground shaking has been simulated for the Landers earthquake and for some of the plausible earthquakes listed above based on existing information about the earthquake source, seismic wave propagation, and geologic site conditions. The simulation yielded a distribution of seismic intensities in general agreement with observations from the Landers earthquake. The high intensity for the epicentral area agrees with levels of damage actually experienced and accelerations as high as 0.9g recorded in the epicentral area. Fortunately such strong shaking only occurred in sparsely populated areas. As shown on the simulated intensity maps, potential events in the Mojave shear zone will have effects similar to the Landers quake. Those on the San Andreas and San Jacinto faults, however, could cause severe shaking in more urbanized areas. How probable are any of the above plausible earthquakes? According to statistics based on global earthquake catalogs, the probability that a large earthquake (M>7) follows another sharply drops after two months from the occurrence of the first one. Using various formulas, the probability of a large earthquake (M>7) in the greater Landers region was estimated to be 2 to 5 percent within 1 year from September 1, 1992. However, the yearly probability for at least one M7 or larger earthquake somewhere in greater southern California is estimated to be at least 5 percent and up to 12 percent. The larger figures reflects the recent increased seismicity in southern California. The range of values quoted above also allows for the stress redistribution by the Landers earthquake and the ripeness of the southern San Andreas fault. 38 RECOMMENDATIONS The recommended scientific follow-up to the Phase 11 report is as follows: ♦ The new paleoseismic data for the southern San Andreas fault should be incorporated into a revision of probability estimates. For example, these data suggest that the background probability for a large earthquake may be substantially higher than that estimated in 1988, and that the segment boundaries assumed by WGCEP 88 may need revision in order to properly describe the potential rupture zones of large earthquakes. ♦ The assumptions underlying the methodology used by WGCEP 88 for estimating probabilities of earthquake occurrence must be reexamined. ♦ Ground motion parameters including peak ground acceleration, duration of shaking, and response spectra for periods of 0.1, 0.3, 1, and 3 sec must be estimated. The existing methodology for calculating these parameters should be validated using the Landers-Big Bear strong motion data and applied to plausible future large earthquakes. ♦ The probabilities of failure for the numerous major faults in the broader area of southern California need to be estimated. To express the integrated effects of seismic hazard from these faults, a strategy for probabilistic seismic hazard analysis must be developed as soon as possible. It should include the choices of ground motion parameters, mesh size for site conditions, and exceedance probability. ♦ The regional geotectonic framework of the Landers/Big Bear/Joshua Tree sequence, and any possible tectonic interrelationships between this sequence and other clusters of moderate size earthquakes in the San Gabriel and Imperial Valleys must be considered. Additional Steps: ♦ The California Office of Emergency Services should intensify loss reduction and public information efforts (public policy) based on the conclusions of this report. ♦ The California Office of Emergency Services should plan for a M6 or greater earthquake on the San Andreas fault. 39 XI. REFERENCES Agnew, D.C. and L.M. Jones, 1991, Prediction probabilities from foreshocks: Journal of Geophysical Research, v. 96, p. 959-972. DeMets, C., R.G. Gordon, D.F. Argus and S. Stein, 1990, Current plate motions: Geophysical Journal International, v. 101, p. 425-478. Dieterich, J.H., 1988, Probability of earthquake recurrence with non-uniform stress rate and time-dependent failure: Pure and Applied Geophysics, v. 126, p. 589-617. Dokka, R.K., 1983, Displacement on late Cenozoic strike slip faults of the central Mojave Desert, California: Geology, v. 11, p. 305-308. Dokka, R.K., and C.J. Travis, 1990, Role of the eastern California shear zone in accommodating Pacific North American plate motion: Geophysical Research Letters, v. 17, p. 1323- 1 326. Dziewonski, A.M., G. Ekstrom, and M.P. Salganik, 1992, Centroid-moment tensor solutions for July-September, 1991: Physics of Earth and Planetary Interiors, v. 72, p. 1-11. Ellsworth, W.L., 1990, Earthquake history, 1769-1989: in R.E. Wallace, ed.,The San Andreas Fault System, California: U.S. Geological Survey Professional Paper 1515, p. 153-187. Evemden, J.F., W.M. Kohler, and G.D. Clow, 1981, Seismic intensities of the earthquakes of conterminous United States--their prediction and interpretation: U.S. Geological Survey Professional Paper 1223, 56 p. Harris, R.A., and R.W. Simpson, 1992, Changes in static stress on southern California faults after the 1992 Landers earthquake: Nature, v. 360, p. 251-254. Hart, E.W., W.A. Bryant, J.E. Kahle, M.W. Manson, and E.J. Bortungno, 1988, Summary report: Fault evaluation program, 1986-1987, Mojave Desert region and others areas: California Division of Mines and Geology Open-File Report 88-1, 40 p., 1 plate, 1:500,000. Hutton, K., and L.M. Jones, 1992, Local magnitudes and apparent variations in seismicity rates in Southern California: Bulletin of the Seismological Society of America, in press. Jackson, D.D., K. Aki, and D. Agnew, 1992, Implications of the 1992 Southern California Earthquakes for Seismic Hazard, Abstract, FOS, v. 73, p. 357. Jaume, S.C., and L.R. Sykes, 1992, Changes in state of stress on the southern San Andreas fault resulting from the California earthquake sequence of April-June 1992: Science, in press. Jennings, C. W., 1992, Preliminary fault activity map of California: California Division of Mines and Geology, Open-File Report 92-03. Jones, L.M., 1992, Landers aftershocks and earthquake probabilities for the San Andreas fault in southern California, Abstract: EOS, v. 73, p. 357. Jones, L.M., K. Hutton, D.A. Given and C.R. Allen, 1986, The July 1986 North Palm Springs, California, earthquake: Bulletin of the Seismological Society of America, v. 76, p. 1830- 1837. Kagan, Y.Y., and D.D. Jackson, 1992, Calculating and updating earthquake probabilities, Abstract: EOS, v. 73, p. 366. Kagan, Y.Y., and D.D. Jackson, 1991, Long-term earthquake clustering: Geophysics Journal International, v. 104, p. 117-133. 40 Morton,D.M., F.M. Miller, and C.C. Smith, 1980, Photoreconnaissance maps showing young- looking fault features in the southern Mojave Desert, California: t1.S. Geological Survey Miscellaneous Field Studies Map MF1051, scales 1:24,000 and 1:62,500, 7 sheets. Pacheco, J.F., and L.R. Sykes, 1992, Seismic moment catalog of large shallow earthquakes, 1900-1989: Bulletin of the Seismological Society of America, v. 82, p. 1306-1349. Reasenberg, P.A., D.P. Hill, A.J. Michael, R.W. Simpson. W.L. Ellsworth, S. Walker, M, Johnston, R. Smith, S.J. Nava, W.J. Arabasz, J.C. Pechmann, J. Gomberg, J.N. Brune, D. DePolo, G. Beroza, S.D. Davis, and J. Zollweg, 1992, Remote seismicity triggered by the M7.5 Landers, California, Earthquake of June 28, 1992, Abstract: EOS, v. 73, p. 392. Reasenberg, P.A., and L.M. Jones, 1989, Earthquake hazard after a mainshock in California: Science, v. 243, p. 1173-1176. Savage, J.C., M. Lisowski and W.H. Prescott, 1990, An apparent shear zone trending north- northwest across the Mojave Desert into Owens Valley, eastern California: Geophysical Research Letters, v. 17, p. 2113-2116. Sieh, K.E., 1978, Pre-historic large earthquakes produced by a slip on the San Andreas fault at Pallett Creek, California: Journal of Geophysical Research, v. 83, p. 3907-3939. Sieh, K. E., M. Stuiver, and D. Brillinger, 1989, A More Precise Chronology of Earthquakes Produced by the San Andreas Fault in Southern California: Journal of Geophysical Research, v. 94, no. B 1, p. 603-624. Stein, R.S., G.C.P. King, and J. Lin, 1992, Change in failure stress on the southern San Andreas fault system caused by the 1992 M=7.4 Landers earthquake: Science, 258, in press. Steinbrugge, K.V., 1982, Earthquakes, Volcanoes, and Tsunamis: An Anatomy of Hazards: Skankia America Group, New York, 392 p. Toppozada, T.R., C.R. Real, and D.L. Parke, 1988, Earthquake history of California: in W.H.K. Lee, H. Mayers, and K. Shimazaki, eds., Historical Seismograms and Earthquakes of the World: Academic Press, p. 267-275. Weldon, R.J., and K.E. Sieh, 1985, Holocene rate of slip and tentative recurrence interval for large earthquakes on the San Andreas fault in Cajon Pass, southern California: Geological Society of America Bulletin, v. 96, p. 793-812. Working Group on California Earthquake Probabilities, 1988, Probabilities of large earthquakes occurring in California on the San Andreas fault: U.S. Geological Survey Open-File Report 88-398, 62 p. Working Group on California Earthquake Probabilities, 1990, Probabilities of large earthquakes in the San Francisco Bay region, California: U.S. Geological Survey Circular 1053, 61 p. A, Appendix Estimation of Aftershock Probabilities The aftershock pattern for the Landers and Big Bear earthquakes can be used to estimate the probability of an aftershock occurring in a given magnitude range in a given time period. More than 100 years of observed seismology has firmly established the fact that the frequency of aftershocks decreased as a function of time from the mainshock origin time according to Omori's law, N(t) = K (1) (t+c)r where N(t) is the number of aftershocks per unit time, t is time since the mainshock, and K, c and p are constants which vary from one aftershock sequence to another. The magnitude distribution follows the Gutenberg-Richter relation for the number of earthquakes of different magnitudes, N(M) = 10(a-bM) (2) where N(M) is the number of events above some magnitude, M, and a and b are constants. The parameter K in equation (1) above depends on the magnitude of the mainshock, with larger mainshocks producing more aftershocks. Aftershock data suggest that the "triggering potential" of a mainshock obeys K = 10(a'+b Mm) (3) where a' is a constant, b is the same constant appearing in (2), and Mm is the magnitude of the mainshock. We can combine (1), (2), and (3) to get the rate of aftershock occurrence, X(t,M,Mm), X(t,M,MM) = l0a„+b(Mm-M)(t+c)-t' (4) where a"=a'+a. The aftershock pattern for the Landers and Big Bear earthquakes can be fit to these equations, yielding the values of the constants given in Table I. Using these constants, the probability of future damaging aftershocks in this sequence can be computed following the procedures of Reasenberg and Jones (1989), who determined values of a, b, c, and p for many California aftershock sequences. The constants for the Landers/Big-Bear sequence are very close to average values for California earthquakes as shown in the following table. Knowing the parameters in Omori's Law and the Gutenberg-Richter relation for a particular aftershock sequence allows one to describe the sequence. This description also gives an estimated probability of an aftershock occurring in a given magnitude range in a given time period (see Table 2 in Report). A_fter.shock Parame erS Sequence a b Landers/Big Bear -1.78 0.85 0.85 0.04 0.99 Landers only -1.97 0.85 0.01 Big Bear only -2.60 0.90 1.16 0.09 0.93 California average _1.76 0.90 0.05 1.07 42 I'Y � � � AU CITY OF SAN BERNARDINO c, G ` X992 D PLANNING DIVISION BVfLUfNG SV" V CS/VG& OPPICIAL NOTICE PUBLIC HIlARNN STATE OF oIv S%. EN THAT ITY OF CALIFORNIA, SAN a7 ARDINO County of San Aernardino, WILLNIHOLD JPUBLIIC HEARING ON ESDAY SEPTEMBER 1"2 Af The undersigned hereby certifies as follows: 700 PA&IN COUN- CIL CHAMBE S CITY HALL 300 N RN D- I am a citizen of the United States, over the age of twenty-one years, and not a STRE9T, SAN ERNAR- DINO, �AL FORNIA party to nor interested in the above-entitled matter; I am the principal clerk of the 92418 ON E oLLOw- printer of a newspaper, to wit, The Sun; the same was at all times herein mentioned a ING ITEMS: PAMNL MAP NO. 14M' newspaper of general circulation printed and published daily,including Sunday,in the AND VARIANC K N0.tt- ti-sub property is a City of San Bernardino, in the County of San Bernardino, State of California; said rectangu -shapedPer- newspaper is so published every day of the year as and under the naineof The Sun,said eel of lend oonsattnR n P y Y Y about o.6 acres 1ocaMtr on has been adjudged a newspaper of general circulation b the Superior the west side a t-E- newspaper trees 1 g g Y Pe and on the east side t>t Court of the State of California, in and for the Count of San Bernardino, b a 'ud Acacia Avenue approxi- mately 225 feet north of the ment of said Superior Court duly made, filed and entered on June 20, 1952, in the centerline of 28th Street and having a front Of records and files of said Superior Court in that certain proceeding entitled In the Mat- about 120—.--.- Estreet and on AcacIa Avenue. ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- The aPPIIcarM requests to su culation, numbered 73084 in the records of civil proceedings in said Superior Court "�parcels into f04 vpar and by judgment modifying the same,also made, filed and entered in said proceeding; piec'e.eThe apciccaant asso requests nroval o ion the notice or other process or document hereinafter mentioned was set, printed and Variance of CC 19.04.030(1) to establish published in type not smaller than nonpareil and was preceded with words printed in parcels less than the mini- mum required lot area and black face type not smaller than nonpareil describing and expressing in general terms width In the Rs,Residen- tial Suburban General the purport or character of the notice intended to be given; and the Plan land use designation. Owner: PACIFIC STAR DEVELOPMENT OFFICIAL NOTICE OF Appticant: BONADIMAN . . . . . . . . . .0 . . RU$L�C HEARING. . . . . . . . . . . ENGINEERS, INC. Ward: 7 97-1.6, 92-05r 91-01 GENERAL PLAN . . . . AMENDMENT NO. 92-05 . . . . . . . . . . . . - Subiect properties are two rectangularly-shaped of which the annexed is a true printed copy, was published in each edition and issue of parcels of land consisting of about 1.93 acres located said newspaper of general circulation, and not in any supplement thereof, on each of at the northwest corner of 6th Street and Sierra Way the following dates, to wit: having a frontage of about 300 feet on the north side of 6th Street and having a frontage of 280 feet on the west side of Sierra Way and further described is being located at 600 and applicant North eqS Sf 1!G-hne- AUGUST 21, 1992 eras Plan Amendment ro evaluate General Plan frrom the current RH, Residential High designation to the Co-1, Commercial Office designation. Owner: ROBERT J. b NANCY W. SEDLAK I certify under penalty of perjury that the foregoing is true and correct. Applicant SAME Ward:. 1 Executed on the 21 day of San Bernardino, in said County 'A0V4.H1 I lam«b01e0r 101 NMn�atanlo aNtrl! Proof of Publication D f f' ft IC r nn — 1 CITY OF SAN BERNARDINO NOV i 1991 ' DEPARTML BUILDi,, , NOTICE OF CONTINUED PUBLIC HEARING BEFORE THE MAYOR AND COMMON COUNCIL STATE OF CALIFONN[A, u SAN BERNARDIOF County of San Bernardino, THE PUBLIC HEARING before the Mayor and The undersigned hereby certifies as follows: common council of the City of San Bernardino to consider Development I am a citizen of the United States, over the age of twenty-one years, and not a Agreement No. 91-01 has been continued from No- party to nor interested in the above-entitled matter; I am the principal clerk of the ve b r 2 1992 t m,Decem- ber printer of a newspaper, to wit, The Sun; the same was at all times herein mentioned a council North bersf City newspaper of general circulation printed and published daily,including Sunday,in the San Bernardino,CA 92418. Development Agreement City of San Bernardino, in the County of San Bernardino, State of California; said No.91-01 is a proposal for newspaper is so published everyday of the year as and under the name of The Sun,said the development of a muIlti-phased expansion newspaper has been adjudged a newspaper of general circulation by the Superior Mall consisting of up 3 Court of the State of California, in and for the County of San Bernardino, by a judg- a second anchor torthe mail ment of said Superior Court duly made, filed and entered on June 20, 1952, in the and 3-4 parking roper- � y J lures.The subject proper- records and files of said Superior Court in that certain proceeding entitled In the Mat- ty is an irregularly-shaped Parcel of land consistinp of ter of the Ascertainment and Establishment of The Sun as a Newspaper of General Cir- about 62.5 acres located on the south side of Inland culation, numbered 73084 in the records of civil proceedings in said Superior Court Center Drive east of I-2151 and west of 'E" Street. and by judgment modifying the same,also made, filed and entered in said proceeding; Owner:west Management the notice or other process or document hereinafter mentioned was set, printed and Co./Sears Roebuck a co/Carter Hale Stores- published in type not smaller than nonpareil and was preceded with words printed in /May Co. Stores. Applicant:General Growth black face type not smaller than nonpareil describing and expressing in general terms Development, Inc. the purport or character of the notice intended to be given; and the Ward: 3 The Mayor and Common NOTICE OF CO'117 Council of the City of San ILIUED P[1ALIC HEARING Bernardino will review the .. . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . Project and consider the i DF-7,11PER 7, 1992 GENERAL GROWTH DEVELOPMENT, INC. ti ePODecla action and Miti- gation Monitoring/Report- . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mg Program in making its decision on this project. The Mayor and Common rioted m Council of the city of San of which the annexed is a true p copy,was published in each edition and issue of Bernardino request your said newspaper of S an supplement general circulation, and not in ement thereof, on each of Participation in evaluating Y PP this proposal.You are wel- the following dates, to wit: come to speak at the Council meeting or to sub- mif written comments pri- or to the hearing. The De- velopment Agreement, Mitigated Negative Decla- ration and Mitigation NOVEMBER 6, 1992 gram documents viewed at the Planning and Building Services De- partment, Monday through Friday, 7:30 a.m. to 4:30 P.M. at 300 North "D" Street, 3rd Floor, San Bernardino, CA, 92418. Should You desire further information,please do not I certify under penalty of perjury that the foregoing is true and correct. hesitate to call the Plan- ning and Building Services Department by phoning (714) 384-5057. 1 If You challenge the resul- tant action of the Mayor and Common Council or Executed on the . . . . 9 day of NOVEMBER 92 anv aspect thereof in I9 , et court,You meY be limited to raising only those issues San Bernardino, in said County and State. You or someone„else NO.3 raised at the public hear- ing described n this no- tice, or in wri Wen corre- spondence delivered to the Planning and Building Ser- vices Department at, or 05M4r81 prior il, the public heart 114(104) 1615 ¢g yy z tag Y �h t �SH �!3• �f N^ b S. ,�`<�{ �: �➢�:� i° r }3 d �tl � GRAPHIC/A4 Mexico City tremor shows local danger. C� Local officials prepare for Big One. U Sylmar quake victim shares experience. U Records of an 8.3 ternblor in 1857. la What to do before and after a ternblor. U S.B. Valley used to be all water. Y, �{ FY 1 Y Y rzR� I d A" ,4 j�axY k 7a !f 14 ALL ON AS Ca Geophysicist Art Frankle displays seismic waves of the San Bernardino Valley for a 6.5-magnitude earthquake. QM PHOTO Now .w The Sun SUNDAY, February 7, 1993 ,Area o hakf 3011 ■ Officials say If a large determined that some parts of, scale — is overdue on the sec- The chief reason is San Ber- 'tembior were to hit locally, the valley would experience ma- tions of the San Andreas Fault_ nardino's eolo $ _ gy. The deep the dirt under the San Jor Shaking for ihany seconds af- that run from the High Desert rock basin' is filled with sand ter the fault stopped rupturing. through the San Bernardino and gravel Washed down by the Bernardino Valley could Some soil even could liquefy, and Yucaipa areas and into the Santa Ana River and other liquefy. causing the surface to sag under Coachella Valley. mountain streams for thousands the weight of buildings, roads In November, a government of years. Such basins trap pow- ByVI POLLARD and pipelines. Los Angeles Bureau panel concluded that a major erful waves of earthquake en- There's no reason for panic quake on the San Bernardino ergy; continuing to :wiggle for —although everyone should be Mountains segment of the San many seconds after the main San Bernardino sits on a prepared for what would be a Andreas or the northern end of quake shock 6hds. hard-rock basin filled with , terrWing event, scientists say, the Sate Jacinto fault, near M6, - Wit"P99" tt) the last great loose, wet sand and gravel sedi- A wide area could experience city's south edge, would shake earthquake on the San Andreas ment. damage, but not devastation. the San Bernardino Valley in SouthernCglifornia—an 8.3 That's good for growing Overall, the experience would worse than any other urbanized magnitude blast %n'1857 — at- oranges. be comparable to what hap- area. ­""6sted to the phenomenon, But when it comes to a major pened in the 6.4-magnitude Syl- The panel said it probably according to research by Cali-' earthquake,it's bad. mar quake of Feb. 9, 1971, said would cause damage even to fornia Institute of Technology Thomas Henyey, director of the well-built structures, shift seismologist Kerry Sieh. Al- The ground beneath San Southern California Earth- buildings off their foundations if though the quake's epicenter Bernardino would wobble in a quake Center at the University they're not bolted down and was more than 100 miles away, ' major quake like a bowl of Jell- of Southern California. break underground pipelines— north of Fort Tejon in the Teha- O. Recent research by a U.S. A major quake - possibly damage similar to that caused chapi Mountains, Sieh esti- Geological Survey scientist has measuring 7 or 8 on the Richter by the San Fernando quake. See QUAKES/A5 ,Quakes: S.B. -on shaky ground Continued from Al perience much less shaking. bined with water agencies'efforts mated the shaking in the San Some officials also are con- to pump out the ground water Bernardino area lasted 3 minutes cerned that high underground have reduced the liquefaction , — longer than anywhere else in water levels beneath parts of the danger area by 80 percent, said the region. valley could result in liquefaction Joe Stejskal of the San Bernardi- Similar geology explains why in a major quake. In liquefaction no city water department. ' Mexico City suffered extensive loosely packed, water-soaked He said the highest water lev- damage in 1985 from a magnitude sediment can turn into a thick liq- el now is 17 feet below ground 8.1 earthquake centered 240 uid that cannot support the dry level near Mill Street and Arrow- miles away. ground above it. This tan cause head Avenue. Beneath city hall, the ground surface to break and he said, the depth is 50 to 60 feet Recent computer research by slide sideways or tilt unevenly below the surface, a sharp drop geophysicist Arthur Frankel of under heavy buildings. Liquefac- from 22 feet in 1984. the U.S. Geological Survey's Res- tion was partly responsible for ton,Va.,office,demonstrates how the damage to San Francisco's This month's heavy rains will E , trapped seismic waves can Marina District during the 7.1- have no immediate impact on r bounce up and down and back magnitude Loma Prieta earth- ground water levels. They are af- f' and forth in the basin beneath the quake in 1989. fected primarily by seepage from San Bernardino Valley to pro- A decade-old study of lique- runoff in the nearby mountains,a long the ground shaking in some faction potential in the San Ber process that takes about five areas. years,Stejskal said. nardino Valley by U.S.Geological The worst shaking probably Survey geologist Jonathan Matti Louis Fletcher, general man- would occur in areas of deepest warned that water levels less ager of the San Bernardino Val- sediment, which are found along than 30 feet from the surface pose ley Municipal Water District,said the Santa Ana River and under a moderate to high danger of liq- his agency remains very con- the central and southern parts of uefaction-caused ground failure. cerned about the remaining po- the city,Frankel concluded. Nor- In the early 1980s, Matti tential for liquefaction near the ton Air Force Base may be prone found that several square miles of Santa Ana River bed and Lytle i to some of the strongest shaking, the city, area Creek. ty, from the downtown he said. south to the Santa Ana River,had So do seismologists. Areas where bedrock reaches water levels ranging from 30 feet to the surface, such as Perris Hill to within a few inches of the Sur- Said Frankel: "To the extent And the Shandin Hills near Cali- face. that you have liquefaction. the k 1 " ' CIT`! OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTDMENT OFFICIAL NOTICE OF PUBLIC HEARING BEFORE THE CF SAN BERNARDINO MAYOR AND COMMON COUNC SUBJECT: DEVELOPMENT AGREEMENT NO. 91-01 WARD # 3 PROPERTY LOCATION: Subject property is an irregularly-shaped rcel consisting of about 62 . 5 acres located on the south side off Inland Center Drive and east side of I-215 and west of "E" Street. PROPOSAL: The applicant requests approval of a Development Agreement t govern the development of a multi-phased expansion project at Inland Center Mall consisting of u o a second level to the mall and 3-4 to 3 new major anchor tenants, parking structures. PUBLIC HEARING LOCATION: _ o.. SAN BERNARDINO CITY HALL - o#AA•f COUNCIL CHAMBERS 300 NORTH "D"STREET _ (/ SAN BERNARDIN0, CA 92418 �• V snow [TE HEARING DATE AND TIME: o u o s Monday, October 19 , 1992 2 : 00 ar,�co7� A detailed description of the o .'.''. '' pr posal is on file in the Planning and Building Services ••'• ''''' Department at City Hall.If youwould like further information about this proposal prior to the '•• •• public hearing,please contact the Planning I k •- ng and Building Services Department in person or by phoning(714)3845057. •,�`i•: �:: The Mayor and Common Council Is requesting your participation.If you are unable �.� •••• to attend.you may submitt written comments in favor of or in Opposition- 1 I rat the Planning and Building in Ciy al the proposal to Street.San Bernardino,California 92418. g g Services Department.San Bernardino City Hall,300 Nonh'D" . ................:. •••••••...._:. Decisions of the Planning Commission are final concerning building movings,Con- •••••• •:::::: ditional Use Permits. Review of Plans. Tentative Traci Maps and Variances. unless •• same. :r appealed to the Mayor and Common Council.Appeals to the Mayor and Common Council must be made in writing,stating the grounds of the appeal,and must be submitted to the ..••• City Clerk along with the appropriate fee within fifteen days of the decision(ten days for Parcel Maps and Tentative Traci Maps). General Plan Amendments and Amendments to the Municipal Code will ...iJ CallY be forwarded to the Mayor and Common Council for final action. •`i` It you challenge the resuflant action of the Mayor Y and Common Council in court.you „� �• • maybe ed to raising only those issues you or someone else raised at the public hearinq O���K ��0� this notice.or in written Correspondence delivered to the Cily Planning Division o.the public hearing. ' ve millf119s oer