HomeMy WebLinkAbout1991/12/04 - Minutes December 4, 1991
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Reaular Meetin~
A, CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday,
December 4, 1991, in the Council Chambers of the Civic Center, located at 10500
Civic Center Drive, Rancho Cucamonga, California. The meeting was called to
order at 7:10 p.m. by Mayor Dennis L. Stout.
Present were Councilmembers= William J. Alexander, Charles J. Buquet II, Diane
Willjams, Pamela J. Wright, and Mayor Dennis L. Stout.
Also present were= Jack Lam, City Manager; James Markman, City Attorney; Linda
D. Daniels, Deputy City Manager; Jerry B. Fulwood, Deputy City Manager; Rick
Gomez, Community Development Director; Olen Jones, Sr. RDAAnalyst; Jan Reynolds,
AssistantRDAAnalyst; Brad Bullet, City Planner; Dan Coleman, Principal Planner;
Nancy Fong, Senior Planner; Cindy Norris, Associate Planner; Joe O'Neil, City
Engineer; Shintu Bose, Deputy City Engineer; Cindy Hackett, Associate Engineer;
Jo Eynne Russo, Integrated Waste Management Coordinator; Jim Hart, Administrative
Services Director; Duane Baker, Assistant to the City Manager; Diane O'Neal,
Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael,
Rancho Cucamonga Fire Protection District; Capt. Bruce Zeiner, Rancho Cucamonga
Police Departments and Debra J. Adams, City Clerk.
, · , · ·
B, ANNOUNCEMENTS/PRESENTATIONS
B1. Mayor Stout introduced Jo Lynne Russo, Integrated Waste Management
Coordinator, who would be working for Joe O'Neil, City Engineer.
B2. Councilmember Buquet reported that Rancho Cucamonga's CHOICES program was
recognized at SANBAG.
, · , · ,
C, COMMUNICATIONS FROM THE PUBLIC
Cl.
Jack Willjams stated he was before the Council on behalf of RCMORE, which
represents seven mobile home parks in Rancho Cucamonga. He stated there
seems to be an impasse in resolving the problems with the Accord. He
stated the park owners are adamant in increasing rents. He stated the
City Council Minutes
December 4, 1991
Page 2
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(2)
residents are equally firm in not buckling under to the owners' demands.
He added a meeting is scheduled on December 7 with the Council
Subcommittee, the park owners and the mobile home residents. He stated
because of the short time span when the Accord will expire, the residents
are extremely apprehensive and frustrated that the problem will not be
resolved in the remaining time. He asked that the Council see to it that
the contents of the Accord are preserved. He hoped that the Council would
continue to help to stabilize the rents for mobile home residents. He
stated the Accord was originally developed because of the rent increases
brought about by the park owners. He asked that this subject be added to
the City Council agenda for the December 18 meeting.
, , , , ,
D. CONSENT
D1.
Approval of Minutes:
September 25, 1991
(Buquet absent)
D2. Approval of Warrants, Register Nos. 11/14/91, 11/20/91 and 11/25/91; and
Payroll ending 11/7/91 for the total amount of $2,568,910.17.
D3. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
China Land Buffet, Frank & Lily Wang, 9255 Base Line Road,
D4. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
Cucamonga Taco Hut, Maria M. and Moises T. Jacuinde, 9451 Foothill Boulevard.
DS. Alcoholic Beverage Application for On Sale Beer & Wine Eating Place for
Royal Panda, Roger & Vicki Chi and Li Hua & Wilian Ping, 8740 Base Line Road.
D6. Approval of the repayment and reborrowing of the annual loan between the
City and Redevelopment Agency. (0203-06 RDA)
D7. Approval and execution of the Cost and Maintenance Agreement (CO 91-081)
between the City of Rancho Cucamonga and the Atchison, Topeka and Santa Fe
Railway Company for the Proposed 7th Street Spur Crossing, including both street
and storm drain improvements (part of AD 82-1) at the Atchison, Topeka and Santa
Fe Railway Crossing Designated PUC No. 2-91.6-C north of Sixth Street. (0602-01
CONTRACT)
RESOLUTION NO. 91-369
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND SIGNING
OF THE COST ANDMAINTENANCE AGREEMENT FOR THE CONSTRUCTION OF
THE 7TH STREET STORM DRAINAND RAILROAD CROSSING IMPROVEMENTS
BETWEEN 6TH STREET AND 7TH STREET
City Council Minutes
December 4, 1991
Page 3
D8. Approval to award and authorize the execution of a contract (CO91-082) for
a shopping center parking study to P & D Technologies for the amount of
$29,880.00, to be funded from fees deposited by Hughes Investments and Lewis
Homes Management Corporation. (0602-01 CONTRACT) (0511-01 AWARD)
D9. Approval to execute Contract Change Order No. 3 (CO 90-052) for
Professional Services Agreement with Centennial Civil Engineers, Incorporated,
Foothill Boulevard Implementation Plan, Phase I, for $25,604.00 to be paid from
Redevelopment Agency Account Number 15-50200. (0602-01 CONT AMEN)
D10. Approval to execute Improvement Agreement, Improvement Securities and
acceptance of Real Property Improvement Contract and Lien Agreement for a single
family residence, located on 5291 Sapphire Street, submitted by James A. Brown
and Joyce W. Brown. (0602-01 AGREE IMPR) (0602-01 AGREE I/L)
RESOLUTION NO. 91-370
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITIES FOR 5291 SAPPHIRE STREET
RESOLUTION NO. 91-371
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT
CONTRACT AND LIEN AGREEHENT FROM JAMES A. BROWN AND JOYCE W.
BROWN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE
SAME
Dll. Approval to execute Improvement Agreement Extension for Tract 13270,
located on the northwest corner of Milliken Avenue and Church Street, submitted
by Lewis Homes. (0602-01 AGREE EXTN)
RESOLUTION NO. 91-372
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13270
D12. Approval to accept Improvements and Release of Bond for DR 87-20, located
on the northeast corner of Hermosa Avenue and 6th Street. (0602-01 BOND REL)
Release: Faithful Performance Bond
$ 2,000.00
RESOLUTION NO. 91-373
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
DR 87-20
(3)
(4)
(s)
(6)
(7)
City Council Minutes
December 4, 1991
Page 4
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D13. Approval to accept Improvements, Release of Bonds and Notice of Completion
for Millikan Avenue Median Landscaping, located on Millikan Avenue between
Foothill Boulevard and Base Line Road. (0602-01 BOND REL) (0704-18 NOT COMPL)
Release~ Faithful Performance Bond (Street) $475,248.00
RESOLUTION NO. 91-374
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR
MILLIKEN AVENUE MEDIAN LANDSCAPINGAND AUTHORIZING THE FILING
OF A NOTICE OF COMPLETION FOR THE WORK
MOTION= Moved by Willjams, seconded by Alexander to approve the Consent
Calendar. Motion carried unanimously, 5-0.
· · , · ·
CONSENT ORDINANCES
El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT
91-01 - CITY OF RANCHO CUCAMONGA - Consideration of a request to amend Title 17,
Chapter 17.12 of the Rancho Cucamonga Municipal Code to eliminate compact parking
spaces and reduce the standard size parking space to 9 feet by 18 feet.
(Continued from November 6, 1991) (ITEM Ptff~,rD FOR DISCUSSION BY COUNCILMEMBER
~T.wXANDER) (0203-03 DCAMEN)
Councilmember Alexander statedhe thought after this matter was studied further,
it would come back to the Council for further discussion. He stated he did not
think the additional asphaltwould make a difference, and did not want to see any
more asphalt in a shopping center than was necessary. He added he would like to
see this reconsidered.
Councilmember Willjams stated for the Commercial/Retail, she liked the 9 feet
spaces, but for Residential (multi-family), she did not think it was a problem
to go with 8.5 feet spaces. She stated she is still having a problem with the
Office Use parking spaces where cars would be parked all day at a location.
Mayor Stout stated the large stores are requesting that parking spaces be 9 feet.
He did not think the length made that much difference, but felt they should be
9 feet. He stated he was not as adamant about residential parking spaces, that
he would go either way.
Councilmember Willjams stated she liked 9 feet for commercial.
Councilmember Alexander stated he would go along with that.
Councilmember Buquet stated he did not have a problem with the Ordinance
remaining at 9 feet.
Councilmember Wright stated she felt consideration should be given to the
developers, but also felt the 9 feet space should be approved.
City Council Minutes
December 4, 1991
Page 5
Councilmember Alexander stated he would go ahead with the 9' space, but wondered
why we ask for a study to be done and then change the recommendation.
Debra J. Adams, City Clerk, read the title of Ordinance No. 462.
ORDINANCE NO. 462 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT
91-01, AMENDING TITLE 17, CHAPTER 17.12 OF THE RANCHO
CUCANONGA MUNICIPAL CODE, ELIMINATING COMPACT PARKING SPACES
AND REDUCING THE STANDARD SIZE PARKING SPACE TO 9 FEET BY 18
FEET, AND MAKING FINDINGS IN SUPPORT THEREOF
MOTION: Moved by Wright, seconded by Stout to waive full reading and approve
Ordinance No. 462. Motion carried 3-2 (Alexander, Willjams no).
, · · · ·
E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN
AMENDMENT 91-01 - CITY OF RANCHO CUCAMONGA - Consideration of a request to amend
Part III of the Industrial Specific Plan to eliminate compact parking spaces.
(Continued from November 6, 1991) (0203-05 INDUS SP)
Debra J. Adams, City Clerk, read the title of Ordinance No. 463.
ORDINANCE NO. 463 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN
AMENDMENT 91-01, ELIMINATING COMPACT PARKING SPACES, AND
MAKING FINDINGS IN SUPPORT TMEHEOF
MOTION: Moved by Willjams, seconded by Alexander to waive full reading and
approve Ordinance No. 463. Motion carried unanimously, 5-0.
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E3. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN
AMENDMENT 91-03 - CITY OF RANCHO CUCANONGA - A proposal to amend the Etiwanda
Specific Plan Land Use Map from MediumResidential (8-14 dwelling units per acre)
to Low Medium Residential (4-8 dwelling units per acre) for the following
subareas within the Etiwanda Specific Plan: (0203-05 ETIW SP)
(s)
Approximately 10.09 acres bordered on the north and west by existing
Low Medium Residential designated land, on the east by existing
Office designated land, and on the south by Base Line Road. The
City will consider Office Professional as an alternative land use
for this entire area - APN: 227-131-34 through 36, 52, and 53.
(io)
(ii)
City Council Minutes
December 4, 1991
Page 6
Approximately 10.00 acres bordered on the north by the Southern
Pacific Railway, on the east by the Ontario (I-15) Freeway, on the
south by existing Office designated land, and on the west by
existing Low Medium designated land and divided in a north-south
direction by East Avenue. The City will consider Low Residential
(2-4 dwelling units per acre) as an alternative land use for this
entire area - APN: 227-131-05 and 227-141-14 and 66.
Debra J. Adams, City Clerk, read the title of Ordinance No. 453
ORDINANCE NO. 453 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 91-03, SUBAREA 5, TO AMEND THE ETIWANDA SPECIFIC
PLANLAND USE MAPFROMMEDIUMRESIDENTIAL (8-14 DWELLINGUNITS
PER ACRE) TO LOW MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER
ACRE) FOR APPROXIMATELY 10.09 ACHES OF LAND BORDERED ON THE
NORTH AND WEST BY EXISTING LOW MEDIUM RESIDENTIAL DESIGNATED
LAND, ON THE EAST BY EXISTING OFFICE/PROFESSIONAL DESIGNATED
LAND, AND ON THE SOUTH BY BASE LINE ROAD, AND MAKING FINDINGS
IN SUPPORT THEREOF - APNz 227-131-34 THROUGH 36, 52, AND 53
MOTION= Moved by Williams, seconded by Alexander to waive full reading and
approve Ordinance No. 453. Motion carried unanimously, 5-0.
ORDINANCE I~ER 454 pUT3.R'D FOR DISCUSSXON BY COUNCILMEMBER WEIGHT.
Councilmember Wright stated she had this item removed because she had previously
voted no, and wanted her vote to remain consistent.
Debra J. Adams, City Clerk, read the title of Ordinance No. 454.
ORDINANCE NO. 454 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 91-03, WEST PORTION OF SUBAREA 6, TO AMEND THE
ETIWANDA SPECIFIC PLAN LAND USE MAP FROM MEDIUM RESIDENTIAL
(8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUMRESIDENTIAL (4-8
DWELLINGUNITS PER ACRE) FORAPPROXIMATELY 10.00 ACRES OF LAND
BORDERED ON THE NORTH BY THE SOUTHERN PACIFIC RAILWAY, ON THE
EAST BY EAST AVENUE, ON THE SOUTH BY EXISTING OFFICE
DESIGNATED LAND, AND ON THE WEST BY EXISTING LOW-MEDIUM
RESIDENTIAL DESIGNATED LAND - APN: 227-141-14 AND 66, AND
MAKING FINDINGS IN SUPPORT THEREOF
MOTION= Moved by Alexander, seconded by Williams to waive full reading and
approve Ordinance No 454. Motion carried 4-1 (Wright no).
City Council Minutes
December 4, 1991
Page 7
E4. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03 - CITY OF RANCHOCUCAMONGA - A proposal to amend theGeneral Plan
Land Use Map within the Victoria Planned Community as described below= (0203-05
VCPAMEN)
(1)
From Medium High Residential (14-24 dwelling units per acre) to
Medium Residential (8-14 dwelling units per acre) for the following
subareas:
B. For 19.3 acres of land located on the north side of Base Line
Road, west of Victoria Park Lane, and east of the RV self storage
facility. The Planning Commission recommends approval - APN: 227T
091-14 and 15.
C. For 21.77 acres of land located on the northwest corner of Base
Line Road and the future Day Creek Boulevard. The Planning
Commission recommends approval -APN: Portion of 227-091-18 and 19,
227-091-20 through 22, and 227-091-43.
D. For 7,895 acres of land located between approximately 1,000 feet
and 1,300 feet south of Highland Avenue on the west side of the
future Day Creek Boulevard. The Planning Commission recommends
approval - APN~ Portion of 227-021-03 and 13.
(2)
From MediumResidential (8-14 dwelling units per acre) to Low Medium
Residential (4-8 dwelling units per acre) for the following
subareas=
H. For 23.03 acres of land located on the southeast corner of
Victoria Park Lane and Rochester Avenue. The Planning Commission
recommends approval - APN: 227-091-51.
I. For 32.14 acres of land located on the northeast corner of Base
Line Road and Rochester Avenue. The Planning Commission recommends
approval - APN: 227-091-45 and 46 and a portion of 227-091-44.
J. For 20.895 acres of land approximately 892 feet north of the
future Victoria Park Lane extension on the west side of the future
Day Creek Boulevard. The Planning Commission recommends approval -
APN: Portion of. 227-021-03 and 13.
(3)
From Medium High Residential (14-24 dwelling units per acre) to
Community Facilities for the following subarea:
L. For 2.46 acres of land approximately 406 feet south of the
Southern Pacific Railroad right-of-way and approximately 321 feet
west of the future Day Creek Boulevard. The Planning Commission
recommends approval - APN: Portion of 227-091-18 and 19.
(4)
From Medium High Residential (14-24 dwelling units per acre) to
Village Commercial for the following subarea:
City Council Minutes
December 4, 1991
Page 8
M. For 7.895 acres of land located between approximately 600 feet
and 1,000 feet south of Highland Avenue on the west side of the
future Day Creek Boulevard. The Planning Con~nission recommends
approval - APN= Portion of 227-021-03 and 13.
Debra J. Adame read the titles of Ordinance Nos. 470, 471, 472, 475, 476, 477,
478 and 479.
ORDINANCE NO. 470 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA B, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUM-HIGH RESIDENTIAL (14-24
DWELLING UNITS PER ACRE) TO MEDIUMRESIDENTIAL (8-14 DWELLING
UNITS PER ACRE) FOR 19.3 ACRES OF LAND LOCATED ON T~E NORTH
SIDE OF BASE LINE ROAD, WEST OF VICTORIA PARK LANE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN= 227-091-14 AND 15
ORDINANCE NO. 471 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA C, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUM-HIGH RESIDENTIAL (14-24
DWELLING UNITS PER ACRE} TO MEDIUMRESIDENTIAL (8-14 DWELLING
UNITS PER ACRE) FOR 21.77 ACRES OF LAND LOCATED ON THE
NORTHWEST CORNER OF BASE LINE ROAD AND THE FUTURE DAY CREEK
BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN=
PORTION OF 227-091-18 AND 19, 227-091-20 THROUGH 22, AND 227-
091-43
ORDINANCE NO. 472 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANWED COMMUNITY
AMENDMENT 91-03, SUBAR~A D, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUM-HIGH RESIDENTIAL (14-24
DWELLING UNITS PER ACRE) TO MEDIUMRESIDENTIAL (8-14 DWELLING
UNITS PER ACRE) FOR 7.895 ACRES OF LAND LOCATED BETWEEN
APPROXIMATELY 1,000 FEET AND 1,300 FEET SOUTH OF HIG~ND
AVENUEAND ON THE WEST SIDE OF THE FUTUREDAY CREEK BOULEVARD,
AND MAKING FINDINGS IN SUPPORT THEREOF -APN= PORTION OF 227-
021-03 AND 13
City Council Minutes
December 4, 1991
Page 9
ORDINANCE NO. 475 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA H, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUNHESIDENTIAL (8-14 DWELLING
UNITS PER ACRE) TO LOW-MEDIUMRESIDENTIAL (4-8 DWELLING UNITS
PER ACRE) FOR 23.03 ACHES OF LAND LOCATED ON THE SOUTHEAST
CORNER OF VICTORIA PARK LANE AND ROCHESTER AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN= 227-091-51
ORDINANCE NO. 476 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA I, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUMRESIDENTIAL (8-14 DWELLING
UNITS PER ACHE) TO LOW-MEDIUMHESIDENTIAL (4-8 DWELLING UNITS
PER ACRE) FOR 32.14 ACHES OF LAND LOCATED ON THE NORTHEAST
CORNER OF BASE LINE ROAD AND ROCHESTER AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 227-091-45 AND 46 AND A
PORTION OF 227-091-44
ORDINANCE NO. 477 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA J, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM HEDIUN RESIDENTIAL (8-14 DWELLING
UNITS PER ACHE) TO LOW-MEDIUMRESIDENTIAL (4-8 DWELLING UNITS
PER ACRE) FOR 20,895 ACRES OF LAND LOCATED APPROXIMATELY 892
FEET NORTH OF THE FUTURE VICTORIA PARK LANE EXTENSION ON THE
WEST SIDE OF THE FUTURE DAY CREEK BOULEVARD, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN= PORTION OF 227-021-03 AND
13
ORDINANCE NO. 478 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA L, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUM-HIGH RESIDENTIAL (14-24
DWELLING UNITS PER ACRE) TO COMMUNITY FACILITIES FOR 2.46
ACRES OF LAND LOCATED APPROXIMATELY 406 FEET SOUTH OF THE
SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY AND APPROXIMATELY 321
FEET WEST OF THE FUTURE DAY CREEK BOULEVARD, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN= PORTION OF 227-091-18 AND
19
City Council Minutes
December 4, 1991
Page 10
(i4)
ORDINANCE NO. 479 (second reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONeA, CALIFORNIA, APPROVING VICTORIA PLANNED COMMUNITY
AMENDMENT 91-03, SUBAREA M, AMENDING THE VICTORIA PLANNED
COMMUNITY LAND USE MAP FROM MEDIUM-NIGH RESIDENTIAL (14-24
DWELLINGUNITS PER ACRE) TO VILLAGECOMMERCIALFOR 7,895 ACRES
OF LAND LOCATED BETWEEN APPROXIMATELY 600 FEET AND 1,000 FEET
SOUTH OF HIGHLAND AVENUE ON THE WEST SIDE OF THE FUTURE DAY
CREEKBOULEVARD, ANDMAKING FINDINGS IN SUPFORT THEREOF - APN:
PORTION OF 227-021-03 AND 13
MOTION: Moved by Willjams, seconded by Alexander to waive full reading and
approve Ordinance Nos. 470, 471, 472, 475, 476, 477, 478 and 479. Motion carried
unanimously, 5-0.
· · · , ,
F. ADVERTISE PUBLIC HEARINGS
F1. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT
91-04 - CITY OF RANCHOCUCANONGA - A request to amend Section 17.12,040 regarding
bicycle storage requirements and Section 17.08,070 regarding trail maintenance
requirements. Staff reportpresented by Dan Coleman, Principal Planner. (0203-03
DC AMEND)
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
Debra J. Adams read the title of Ordinance No. 480.
ORDINANCE NO. 480 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RPatCHO
CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT
NO. 91-04, /~MENDING TITLE 17, SECTION 17.12,040.C.4 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE, REGARDING BICYCLE STORAGE
FACILITIES AND AMENDING TITLE 17, SECTION 17.08,070 REGARDING
TRAIL MAINTENANCE STANDARDS
MOTION: Moved by Alexander, seconded by Williams to waive full reading and set
second reading of Ordinance No. 480 for the December 18, 1991 meeting. Motion
carried unanimously, 5-0.
, · , , ,
F2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENTANDINDUSTRIALAREA SPECIFIC PLAN
AMENDMENT 91-05 - CITY OF RANCHOCOCAMONCA - A request to amend Part III, Section
IV.F. regarding bicycle storage requirements. Staff report presented by Dan
Coleman, Principal Planner. (0203-05 INDUS SP)
City Council Minutes
December 4, 1991
Page 11
Mayor Stout opened the meeting for public hearing. There being no response, the
public hearing was closed.
Debra J. Adams read the title of Ordinance No. 481.
ORDINANCE NO. 481 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN
AMENDMENT NO. 91-05, AMENDING PART III, SECTION IV.F.,
REGARDING BICYCLE STORAGE FACILITIES
MOTION: Moved by Alexander, seconded by Willjams to waive full reading and set
second reading of Ordinance No. 481 for the December 18, 1991 meeting. Motion
carried unanimously, 5-0.
, , , , ·
F3. CONSIDERATION OF APPEAL OF DENIAL FOR THE PLACEMENT OF A WALL SIGN WITHIN
THE TERRA VISTA TOWN CENTER - LEWIS HOMES - Consideration of an appeal of the.
Planning Commission'e decision to deny the request to place a wall sign on the
tower of Building G within the Terra Vista Town Center, located at the northeast
corner of Foothill Boulevard and Haven Avenue - APN: 1077-421-05, 06, and 18.
Staff report presented by Nancy Fong, Senior Planner. (0807-02 SIGNS) (0701-06
APPEAL)
Mayor Stout opened the meeting for public hearing. Addressing the City Council
were:
Richard Major, Western Land Properties, explained their position for their
appeal, and felt the sign should be allowed to be placed on the tower area
and not on the grill work.
Mike Lasley, Lewis Homes, stated he felt the sign should remain above the
tower area as originally proposed. He stated if the sign was to be
lowered, it would be costly to relocate it.
Jeff Stern, representing $5 Clothing Stores advertising, informed the
Council if the sign had to be lowered, the size of the letters would have
to be smaller, which. he felt would have an impact on the public's
awareness.
There being no further response, the public hearing was closed.
Councilmember Willjams stated she did not think the sign on the tower would
detract from the design of the building, and did not want anything to change with
the grill work.
Mayor Stout gave background on the design of this project. He also stated signs
are to let the public be aware of the store housed there. He stated he did not
think the grill work should be covered up, and felt the sign should be allowed
to be placed on the tower.
City Council Minutes
December 4, 1991
Page 12
Councilmember Buquet stated he was not sure it was a good idea to put the sign
on the tower, and felt there should be a better place even other than the grill
work area.
Councilmember Wright stated she agreed with Councilmember Buquet, and stated that
she felt it stuck out and felt the sign should not be allowed to be left on the
tower.
Councilmember Alexander stated he agreed with Mayor Stout and Councilmember
Willjams.
RESOLUTION NO. 91-375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO DENY THE REQUEST TOPLACE A
WALL SIGN ON THE TOWER OF BUILDING G WITHIN THE TERRA VISTA
TOWN CENTER LOCATED AT THE NORTHEAST CORNER OF FOOTHILL
BOULEVARD AND HAVEN AVENUE AND MAKING FINDINGS IN SUPPORT
THEREOF - APN= 1077-421-05, 06 AND 18
MOTIONs Moved by Alexander, seconded by Willjams to direct staff to bring back
a Resolution granting the appeal and approve the application. Motion carried 3-2
(Buquet, Wright no).
· , , , ,
F4. CONSIDERATION OF RESOLUTIONS RELATING TO THE FORMATION OF MELLO-ROOS
COMMUNITY FACILITIES DISTRICT 91-1 (Continued from November 20, 1991) (0403-01
COM FAC DI)
James Markman, City Attorney, stated a court reporter was preeent which would be
preparing a transcript to bemade part of the record if anyone was interested in
receiving it. (Refer to Exhibit "A" which is attached).
RESOLUTION NO. 91-376
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR
BONDED INDEBTEDHESS IN THE AMOUNT OF $55,000,000.00 WITHIN
COMMUNITY FACILITIES DISTRICTNO. 91-1 (VICTORIACOMMUNITY) OF
THE CITY OF RANCHO CUCAMONGA AND CALLING AM ELECTION
MOTIONz Moved by Alexander, seconded by Buquet to approve Resolution No. 91-376.
Motion carried unanimously, 5-0.
RESOLUTION NO. 91-383
ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 91-1 (VICTORIA
COMMUNITY), AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES .DISTRICT NO. 91-1 (VICTORIA COMMUNITY)
AND CALLING AN ELECTION
City Council Minutes
December 4, 1991
Page 13
MOTION= Moved by Alexander, seconded by Stout to approve Resolution No. 91-383.
Motion carried unanimously, 5-0.
· · , · · ,
Mayor Stout called a recess at 9=25 p.m. The meeting was reconvened at 9:45 p.m.
with all members of Council present.
· , · · ,
FS. REVIEW OF COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY {CHAS~ - CITY OF
RANCHO CUCAMONGA - The CHAS provides review of housing needs and market
conditions into a format designed to determine priorities for investment over a
five-year period. A one-year action planthen translates the five year goals and
available resources into plans and programs for the number of persons to be
assisted in the coming year. Staff report presented by Cindy Norris, Associate
Planner. She also referred to a letter given to her this evening from the
California Partnership for Affordable Housing and commented on their questions.
(0203-04 HOUSING)
Councilmember Buquet asked if staff would be responding to all of the letters
received.
Cindy Norris, Associate Planner, stated staff could do this.
Mayor Stout stated he wished people would distribute the material to the City
Council sooner than the night of the meeting. He also added this matter is
something the state is requiring.
Mayor Stout opened the meeting for public hearing. Addressing the City Council
were=
Frank Williams, BIA, stated he submitted a letter this date for the City
Council to review. He stated Part III of the plan refers to developing an
ordinance and that they would like to be a part of developing that
ordinance.
Joe Oleson, Lewis Homes, read into the record their position, which is on
file in the office of the City Clerk. He also commended staff for their
efforts in working with them on this matter.
Jeff Burum, 6057 Della, California Partnership for Affordable Housing,
commented on the letter they had submitted this evening to the City
Council.
There being no further response, the public hearing was closed.
Councilmember Williams stated that none of the numbers are in stone at this time,
and if something needed to be changed, it could be done. She stated she felt
Rancho Cucamonga was moving forward at a very rapid pace.
(i7)
City Council Minutes
December 4, 1991
Page 14
RESOLUTION NO. 91-377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE COMPREHENSIVE HOUSING
AFFORDABILITY STRATEGY (CHAS) AS THE ACCEPTED STRATEGY TO
GUIDE HOUSING ASSISTANCE DECISIONS IN CONJUNCTION WITH THE
CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND OTHER
FEDERAL ASSISTANCE HOUSING PROGRAMS, AND MAKING FINDINGS IN
SUPPORT THEREOF
MOTIONs Moved by Williems, seconded by Alexander to approve Resolution No. 91-
377. Motion carried unanimously, 5-0.
G. PUBLIC HEARINGS
G1. CONSIDERATION OF A RESOLUTIONREGARDING THE ISSUANCE OF BONDSFORCOMMUNITY
FACILITIES DISTRICT 88-2 CONSISTENT WITH AGREEMENT CO 89-111 AS APPROVED BY THE
CITY COUNCIL ON JUNE 21, 1989 Staff report presented by Duane Baker, Assistant
to the City Manager. (0405-02 BOND/SALE) (0403-01 COMM FAC DI)
Mayor Stout opened the meeting for public hearing. Addressing the City Council
was~
Kevin Pohlson, Caryn Company, thanked City staff and offered any
assistance the City might need for this project.
There being no further response, the public hearing was closed.
RESOLUTION NO. 91-378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCANONGA, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS,
APPROVING BONDPURCHASE CONTRACT, APPROVINGBOND INDENTUREAND
PRELIMINARY OFFICIAL STATEMENT FOR COMMUNITY FACILITIES
DISTRICT 88-2
MOTIONs Moved by Stout, seconded by Buquet to approve Resolution No. 91-378.
Motion carried unanimously, 5-0.
, , , · ,
H. CXTY MANAGER'S STAFF REPORTS
H1. CONSIDERATION OF RECOMMENDATION TO FIND NORDIC DEVELOPMENT COMPANY.
DEVELOPER OF TRACT 11997, IN DEFAULT OF THEIR IMPROVEHENTAGREEMENTDATEDMAY 7.
1987. AND EXTENSION DATED JUNE 15, 1988, AND AUTHORIZE LEGAL STAFF TO CAUSE THE
DEVELOPER'S SURETY. DEVELOPERS INSURANCE COMPANY. FAITHFUL PERFORMANCE BOND NO.
946077S TO COMPLETE ALL CONDITIONS OF APPROVAL OF SAID TRACT PURSUANT TO THE
IMPROVEMENT AGREEMENT AND APPROVED PLANS AND SPECIFICATIONS Staff report
presented by Joe O'Neil, City Engineer. (0602-01 AGREE IMPR)
City Council Minutes
December 4, 1991
Page 15
Mayor Stout opened the meeting for public con~nents. There being no response, the
public con~nents were closed.
RESOLUTION NO. 91-379
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FINDING NORDIC DEVELOPMENT COMPANY IN
DEFAULT OF THEIR IMPROVEMENT AGREEMENT FOR TRACT 11997, AND
AUTHORIZING LEGAL STAFF TO CAUSE THE DEVELOPER'S SURETY
COMPANY TO CORRECT EXISTING DEFICIENT IMPROVEMENTS AND
COMPLETE ALLREMAINING IMPROVEMENTSAND CONDiTIONS OF APPROVAL
PURSUANT TO THE AGREEMENT
MOTION~ Moved by Buquet, seconded by Alexander to approve Resolution No. 91-379.
Motion carried unanimously, 5-0.
, · · · , ,
H2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND ETIWANDA SPECIFIC PLAN
AMENDMENT 91-03 - CITY OF RANCHO CUCAMONGA - A proposal to amend the Etiwanda
Specific Plan Land Use Map from MediumResidential (8-14 dwelling units per acre)
to Low Medium Residential (4-8 dwelling units per acre) for the following
subareas within the Etiwanda Specific Plan= (Continued from November 20, 1991)
(0203-05 ETIW SP}
(3)
Approximately 11.2 acres bordered on the northwest by the Ontario
(I-15) Freeway, on the east by East Avenue and existing Low Medium
Residential designated land, and on the south by Miller Avenue. -
AFN: 1100-041-04 through 10.
Staff report presented by Jack Lam, City Manager.
Mayor Stout opened the meeting for public comments. There being no response, the
public comments were closed.
Debra J. Adams, City Clerk, read the title of Ordinance No. 482.
ORDINANCE NO. 482 (first reading)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING ETIWANDA SPECIFIC PLAN
AMENDMENT 91-03, THE SOUTHERN PORTION OF SUBAREA 3, TO AMEND
THE ETIWANDA SPECIFIC PLAN LAND USE MAP FROM MEDIUM (8-14
DWELLING UNITS PER ACRE) TO LOWMEDIUM (4-8 DWELLING UNITS PER
ACRE) FOR APPROXIMATELY 11.2 ACRES OF LAND BORDERED ON THE
NORTHWEST BY THE ONTARIO (I-15) FREEWAY, ON THE EAST BY
EXISTING LOW MEDIUM RESIDENTIAL DESIGNATED LAND, AND ON THE
SOUTH BY MILLER AVENUE, AND MAKING FINDINGS IN SUPFORT THEREOF
- APN= 1100-041-04 THROUGH 10
(20)
City Council Minutes
December 4, 1991
Page 16
MOTION: Moved by Bu~et, seconded by Alexander to waive full reading and set
second reading for the December 18, 1991 meeting. Motion carried unanimously,
· · , , ,
H3. DISCUSSION OF RETAINING POLICE COMMUNITY FACILITY DISTRICT 88-2 Staff
report presented by Jerry Fulwood, Deputy City Manager. (0403-01 COM FAC DI)
Mayor Stout opened the meeting for public comments. Addressing the City Council
were:
Greg Corub, Brentwood Tract, stated he felt this was discrimination based
on where your house was. He felt the tax should be stopped.
There being no further response, the public comments were closed.
Mayor Stout stated he had asked that this item be placed on the agenda. He
stated the City only gets 5% of the tax money that a resident pays. He felt
because the majority of this area will not be annexed into the City, the tax rate
should be set at 0%.
Councilmember Alexander stated he agreed with setting the rate at $1.00.
Councilmember Alexander stated he agreed with the $1.00 Mount and did not feel
the CFD should be dissolved. He stated he was optimistic that the area could
still be annexed into the City.
Councilmember Buquet stated he agreed with reducing the amount down to $1.00.
Councilmember Willjams concurred.
Councilmember Wright stated she felt law enforcement is a general fund service.
She felt if the City cannot serve the people, we should not be annexing them into
the City. She did not think various areas of the City should be taxed
differently from each other.
MOTION: Moved by Stout, seconded by Alexander to reduce the assessment at the
end of the fiscal year to $1.00. Motion carried 4-1 (Wright no).
Councilmember Wright stated the reason she voted no for reducing the assessment
was because the Assessment District still exists by action of the City Council.
She stated the fee can still be raised to anything the Council wants it to be.
She stated she realized that there would be advertising for the public hearing.
She felt the District should have been done away with and that is why she voted
no.
Mayor Stout clarified that there is a newpolicy whereby all Assessment District
persons will be notified annually of their assessments and be told of any
hearings and so forth.
City Council Minutes
December 4, 1991
Page 17
Councilmember Wright stated she felt this was a good policy, but still wanted to
vote no because she knew it could come back again for a change in the assessment.
, , , , ·
I. COUNCIL BUSINESS
I1. ORAL DISCUSSION OF FUNDRAISING EFFORTS BY LYDIA KREMER FOR A JACK BENNY
STATUE (1130-03 DONATION)
Councilmember Buquet stated there have been a number of people, for one reason
or another, who have brought this issue up as it being a City issue that the City
is involved in and promoting, and also planning to spend City revenues to
construct a Jack Benny statue. He stated this is a misperception. He felt this
might be an opportunity to provide some clarification on the issue by those
parties involved in this. He added the Council has not discussed this matter
previously, nor have they taken any action on the matter.
Mayor Stout stated he wanted to apologize to the City Council for any
misunderstanding about this project with respect to his involvement or
noninvolvement in it. He stated the City is in no way involved in this project
as faras he can determine. He stated it is strictly a group of private citizens
who are exercising their freedom to establish community types of activities
without interference necessarily from the City. He stated for some reason,
someone has gotten the idea that everything that goes on in the City has to have
City hands in the project. He stated anyone in the community that wants to
establish something like this has that right to organize it.
Councilmember Buquet stated he was not sure that an apology was necessary, that
was not his intent in bringing it before the Council. He stated the intent was
to provide clarification as to what the City is or is not doing about this
matter.
Mayor Stout asked Bob Dutton, Chairman of the Community Foundation, if he would
like to comment on this matter.
Bob Dutton stated the Foundation was approached about three to four months
ago to act as a facilitator and receiver of funds for the Jack Benny
project. He stated the Foundation's funds will not be used for this
project. He added there are two members of the Foundation that act as
liaisons to LydiaKremer's group. He stated they had not come to the City
Council because it had not been decided if the statue would go on City
property, but stated that was an option. He stated he was looking at this
being placed at the Performing Arts Center. He added he has written a
letter to the editor clarifying that there would not be any taxpayer's
dollars spent on this project.
Councilmember Willjams stated after reading the minutes from the Foundation
meeting, it looks like the Foundation and the City are supporting this project.
Bob Dutton stated he made it clear to Lydia Kremer that the City has not
taken a position to support this project.
(22)
City Council Minutes
December 4, 1991
Page 18
(23)
Councilmember Wright stated because there is dissension in the community about
this, it is turning out to be a negative thing.
Mayor Stout ~inted out that the Foundation is not to be an arm of the City. He
pointed out that the Council does not even have the authority to remove any of
the Board of Directors from their positions.
Councilmember Wright statedpossibly the reporter that originally put the article
in the paper did not understand that the Foundation is not an arm of the City.
ACTION= No action was taken.
· · · , , ·
I2. SAM'S PLACE - Consideration of an appeal of the Planning Con~nission's
decision to revoke Conditional Use Permit 78-03 for the operation of a bar in
conjunction with a restaurant located in the Neighborhood Commercial District at
6620 Carnelian Street, northwest corner of 19th and Carnelian Streets - APN=
201-811-56 through 60. (0802-02 CUP) (0701-06 APPEAL)
Councilmember Buquet stated he and Councilmember Willisms have met with Mr.
Pellegrino and his attorney and the Resolutions before the Council are a result
of the meeting.
Councilmember Alexander stated he likes the conditions that are attached.
Councilmember Willjams felt there was an equitable agreement made.
John Mannerino, attorney representingMr. Pellegrino, stated he has talked
to the landowner about putting signs up preventing parking between the
buildings and the wall, and that the owner has agreed with that.
Mayor Stout stated he had visited Sam's Place and agreed it is a well-run
establishment and a safe place to go. He stated his objection is because of its
location.
RESOLUTION NO. 91-380
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING
COMMISSION'S DECISION TO REVOKE CONDITIONAL USE PERNIT 78-03
FOR T~E OPERATION OF A BAR IN CONJUNCTION WITH A RESTAURANT
LOCATED IN THE NEIGHBORHOOD COMMERCIAL DISTRICT AT 6620
CARNELIAN STREET, NORTHWEST CORNER OF 19TH AND CARNELIAN
STREETS AND MAKING FINDINGS IN SUPFORT THEREOF - APN= 201-
811-56 THROUGH 60
City Council Minutes
December 4, 1991
Page 19
RESOLUTION NO. 91-381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING
COMMISSION'S DECISION TODENYTHEAMENDMENTTOCONDITIONALUSE
PERMIT 78-03 FOR THE REQUEST TO EXTEND THE HOURS OF OPERATION
AND AMEND THE CONDITION OF APPROVAL PROHIBITING LIVE
ENTERTAINMENT FOR AN EXISTING RESTAURANT AND BAR LOCATED IN
THENEIGHBORHOOD COMMERCIALDISTRICT AT 6620 CARNELIAN STREET,
NORTHWEST CORNER OF 19TH AND CARNELIAN STREETS AND MAKING
FINDINGS IN SUPPORT THEREOF - APN= 201-811-56 THROUGH 60
RESOLUTION NO. 91-382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, SUSTAINING THE APPEAL OF THE PLANNING
COMMISSION'S DECISION TO DENY ENTERTAINMENT PERMIT 91-02 FOR
THE REQUEST TO CONDUCT LIVE ENTERTAINMENT IN CONJUNCTION WITH
A RESTAURANT AND BAR LOCATED IN THE NEIGHBORHOOD COMMERCIAL
DISTRICT AT 6620 CARNELIAN STREET, NORTHWEST CORNER OF 19TH
AND CARNELIAN STREETSANDMAKING FINDINGS IN SUPPORT THEREOF -
APN= 20-1811-56 THROUGH 60
MOTION: Moved by Willjams, seconded by Buquet to approve Resolution Nos. 91-380,
91-381 and 91-382. Motion carried 3-2 (Stout, Wright no).
, , , , ·
J. IDENTIFICATION OF ITEMS FOR MElT MEETING
J1. Councilmember Buquet stated he would like a report in respect to moving
forward with some coordinated community fundraising with youth sports
organizations as a follow-up to the hearings pertaining to cost recovery. He
stated this would be an update and how to move in this direction to cause
something to occur that is a win-win for everyone.
J2. Mayor Stout stated he would like the appointments of the Environmental
Management Commission and the Historic Preservation Commission to be on the next
agenda.
, · , , ·
K. COBPfONICATIONS FROM THE PUBLIC
K1.
David Dennis, 6816 Padova Court, stated a letter had been sent to the City
Council about some of the rezoning that occurred at the last meeting. He
stated it was late in the evening at the last meeting which the Council
had made comments regarding the lateness of the evening. He also made
other comments about the hearing process.
City Council Minutes
December 4, 1991
Page 20
Mayor Stout stated a resident had contacted him about this issue also, and that
he was going to meet with this person on December 14 to further explain and
address her concerns. He pointed out the long termplanning the Council has gone
through in order to get to their decisions made at the November 18 meeting.
· , , · ,
MOTION: Moved by Willjams, seconded by Alexander to adjourn. Motion carried
unanimously, 5-0. The meeting adjourned at 11:35 p.m.
.Res ctfully su mi~ e ,
City Clerk
Approved= January 15, 1992
CERTIFIED
COURT
REPORTERS
"Exhibit A"
City Council Minutes
December 4, 1991
Page 21
ORIGINAL
CITY COUNCIL
RANCHO CUCAMONGA, CALIFORNIA
PUBLIC HEARING
FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 91-1
(VICTORIA COMMUNITY)
Date and Time:
Wednesday, December.4, 1991.
Place:
Reporter:
Civic Center, Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Johanna Mangual-Ledesma, C.S.R.
Certificate No. 6951
18014) E. Parkc<>un PI.
Suite 100
Santa Aria, CA.
92701
(714) 558-9400
"13 ) 487-9939
,,00) 729-M and M
FAX
(714) 836-5195
City Council Minutes
December 4, 1991
Page 22
"Exhibit A"
APPEARANCE S
CITY OF RANCHO CUCAMONGA CITY COUNCIL
DENNIS L. STOUT, MAYOR
WILLIAM J. ALEXANDER, COUNCILMEMBER
CHARLES BUQUET, COUNCILMEMBER
DIANE WILLIAMS, COUNCILMEMBER
PAMELA J. WRIGHT, COUNCILMEMBER
JACK LAM, CITY MANAGER
JAMES L. MARKMAN, CITY ATTORNEY
DEBRA J. ADAMS, CITY CLERK
"Exhibit A"
City Council Minutes
December 4, 1991
Page 23
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RANCHO CUCAMONGA, CALIFORNIA
MAYOR STOUT: Item 4, Consideration of Resolutions
Relating to the Formation of the Mello-Roos Community
Facilities District 91-1.
This item was previously continued from the
November 20, 1991, meeting. There's a resolution which is
91-376. I understand that '-
MR. LAM: There's also an additional resolution in
your packet which was pointed out by supplemental
information given to you and this, Linda Daniels will give
that report.
MS. DANIELS: Yes, Mayor and Members of the City
Council
MAYOR STOUT: Excuse me. Excuse me. Before we go
ahead with that, Mr. Markman?
MR. MARKMAN: Before you actually start taking in
information on this, Mr. Mayor, I want to point out this
is a matter of some importance and for that reason, there
is sitting to the left of Brad at the table a certified
shorthand reporter.
We will have a verbatim transcript of this
particular hearing and proceeding made available which
means two things: First of all, anybody that is going to
give testimony, we would request, we have a reporter here
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city council Minutes
December 4, 1991
Page 24
"Exhibit A"
who has to keep track of a very, numerous people
comparatively speaking so that they speak clearly and
remember that sounds other than words or gestures are not
recordable, so they aren't going to ultimately have an
impact.
Keep the reporter in consideration. Don't
speak at the same time. The other thing I think we need
to do is since we are trying to track this specifically is
keep track of all the documentation and for that reason,
I'm going to try to keep track of any written materials
which might be presented by way of exhibit numbers.
And the first one I would submit, Mr. Mayor,
would be the Staff Report which consists of pages 108
through 151 on your agenda packet and that report should
be referred to as Exhibit 1.
I have another, one other document, maybe
Linda can identify more, the second document I have is a
one page FAX transmittal to Mr. Lam dated 12/4/91 from Mr.
Joe DeOrio (phonetic) which has been presented to the
Council received this date. I would ask that that be
considered and marked Exhibit 2.
Linda, are there other supplemental written
materials that I have not identified?
MS. DANIELS: Yes. We have received a letter from
Miss Anita Kidd dated December 2, 1991, requesting a
"Exhibit A"
City Council Minutes
December 4, 1991
Page 25
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continuance and also from Miss Sharon Burchett.
MR. MARKMAN:
Anita Kidd?
MS. DANIELS:
Well, stop. Do you have one from
Anita Kidd --
MR. MARKMAN: That's a letter dated today?
MS. DANIELS:
MR. MARKMAN:
MS. DANIELS:
MR. MARKMAN:
December 2.
December 2. How many pages?
One page.
Okay, that should be Number 3 which
will be the letter from Mrs. Kidd requesting a continuance
and that has been made available to the City Council?
MS. DANIELS:
MR. MARKMAN:
MS. DANIELS:
Yes.
And the next one?
Is a letter dated November 27 and
that has been addressed to the Mayor and has been made
available to the City Council.
it is from Sharon Burchett.
MR. MARKMAN: Sharon Burchett.
Number 4.
That is two pages long and
That would be
For the purposes of keeping track, is there
another resolution or is that in the packet?
MR. LAM: Both resolutions are in the packet '-
MR. MARKMAN: -- were in the original staff '-
MR. LAM: Originally in the staff report and those
are Resolutions 91-376 and Resolution 91-383.
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city council Minutes
December 4, 1991
Page 26
"Exhibit A"
MR. MARKMAN: Fine. Then we have identified so far
Exhibits 1 through 4. If anybody wanting to give
testimony make a presentation tonight has an exhibit, we
will ask it be identified, handed to the City Clerk and
we'll give it a number.
MS. DANIELS: And I'd like to clarify. The letter
from Anita Kidd was handed to us this evening. It is
addressed to the Mayor and Members of the City Council,
but we have not been able to give you copies of it. I
jumped ahead of your question when you asked if they have
copies. It's addressed to them, but they do not have a
copy.
MR. MARKMAN: Okay. Well, if that's the case, we
should read it into the record, have the City Clerk read
it into the record after the staff presentation.
And the other letter, Number 4, they do have
copies of that or '-
MS. DANIELS: Sharon Bruchette's letter was
distributed to the City Council.
MR. MARKMAN: So after the staff presentation,
we'll ask the City Clerk to read Exhibit 3 into the
record.
MAYOR STOUT:
All right.
You may proceed.
MS. DANIELS: Yes. Mayor and members of the City
"Exhibit A"
City Council Minutes
December 4, 1991
Page 27
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Council, before you tonight is a proposal for the
formation of a Community Facilities' District. In the
summer of 1991, we received a request from property owners
in the eastern portion of the city to form a community
facilities' district for the purpose of providing
infrastructure improvements as well as potential funding
for a future park facility located in the planned
community of Victoria.
On page 143 of the Staff Report, the
boundaries of the CFD have been identified and I'll review
those for the record. They're generally, the CFD is
generally bounded on the north by Highland Avenue and is
west of the utility corridor going south to Baseline Road.
It encompasses on Baseline Road the undeveloped property
east of the utility corridor and west of the developed
multi-families' recreational vehicle and storage
development. It encompasses along Day Creek Boulevard
going south to Foothill Boulevard and on south of Foothill
Boulevard, it goes on Day Creek and wraps into Pioneer Way
to Rochester Avenue.
The purpose of the CFD as I indicated is two
fold. It's to provide infrastructure improvements which
will generally include street work, curb, gutter,
sidewalks, streets, utilities which includes gas, sewer,
water lines as well as some landscaping. That would be
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city council Minutes
December 4, 1991
Page 28
"Exhibit A"
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what we call the Series A issue and is approximately $45
million of the $55 million authorized amount by the
Council.
The second series known as Series B is
approximately $10 million and that would be used as a
future funding source for the construction of the Lakes
Park within the Village of the Lakes.
The eastern portion of town has development
plan in the imminent future: The regional shopping
center, a fire station and other residential and
commercial properties.
Consistent with the Council policy of
providing infrastructure improvements in a comprehensive
fashion, the CFD has been identified and the improvements
have been organized in such a way that the total
development of what's anticipated will be done at once to
avoid piecemeal development and infrastructure and then
avoiding interruptions in service to the circulation
system as individual properties do develop in the future.
Under the Series A, I'm sorry, I, the
improvements that are proposed are consistent with the
general plan, the redevelopment plan and the Victoria
Community Plan, those that are provided under the Series
A.
The boundaries of the CFD do include vacant,
"Exhibit A"
City Council Minutes
December 4, 1991
Page 29
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commercial, industrial and residential land. It's
important to note that all the land within the CFD is
vacant at this time.
The engineer's report has been prepared by
A.A. Webb and Associates, the City's assessment engineer,
and it addresses both the proposed Series A and Series B
issues. It includes the financin9 and the distribution of
the fair share, the tax and methodology and how it's
applied to each individual property.
What I would like to emphasize on the Series
A portion is that each development or each property is
payin9 only for its fair sure of the infrastructure. A
property owner is not bearin9 the burden of an adjacent
property owner's improvement. They are paying for what is
rightfully required on that project for their linear
frontage on the street that they hold land.
Within Series A, there are fifteen zones of
benefit. Those fifteen zones and the associated tax rates
are identified in the engineer's report and there's been a
refinement of drafts leading up to this final report
presented for you tonight.
The tax rates within the report includes some
assumptions that if, that could cause the eventual tax to
be reduced. Some of the those assumptions are based on
the structure of the tax or the bond issue itself. We've
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December 4, 1991
Page 30
"Exhibit A"
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assumed a nine percent interest rate, a thirty year bond
period and a two year period of capitalized interest.
Should the interest rate or other structures
of the bond issue change, the tax would be reduced, but in
no way will the tax increase above what is identified in
the engineer's report and the resolution of intent.
There are also several options that the
property owners themselves can exercise to reduce their
tax. The primary one is the right-of-way that would be
required for the streets. Should the property owners
choose to dedicate the property for the right-of-way,
their tax would be reduced by the amount of cost that has
been estimated for the acquisition.
Another factor that has been included into
the distribution is the developer agreement between
Foothill Associates and the Redevelopment Agency regarding
the Downey and Wang parcels, the industrial parcels
fronting on Rochester.
As the City Council will recall, as part of
the idustrial specific plan, amendment realignment for Day
Creek Boulevard, the burden of the street to be
constructed across the Downey and Wang parcels was to be
borne in some part by the Zone 15 or what's known as the
Hughes-Foothill Associates Project. That has been
included in the tax rate and the methodology consistent
"Exhibit A"
City Council Minutes
December 4, 1991
Page 31
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with that agreement.
Also included within the tax rate and
methodology is the Council's policy of not to exceed 1.8
percent of the tax rate along with all other taxes on
properties and the market rate of single family homes.
All residentially zoned land that could be
intended for single family ownership has been calculated
so that this tax along with the property tax and all other
taxes and assessments known and is estimated in the future
will not exceed the 1.8 percent market value tax ratio.
In the Series B, there is one zone and that
is the residential and commercial land for the Victoria
Village itself. The developer is required and as part of
the Series B issuance to pay off the tax associated with
the residential properties for Series B prior to occupancy
of the home. This is to insure that the homeowner, the
future homeowner of those residential units will not pay
for any of the construction of the Lakes' Park itself.
That is a requirement of the Victoria Planned Community
that the developer provide the park and that that cost not
be passed on or not be borne by the residence and that has
been included as part of the structure of the CFD.
There are three registered voters within the
CFD boundaries. This means that an election by the
property owners will occur. A two-thirds majority vote
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December 4, 1991
Page 32
"Exhibit A"
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will be needed in order for the CFD election to be
successful. The Council will, after the election, certify
the results and if a two-thirds vote is achieved, then it
can go on to further stages of CFD activity meaning
issuance of bonds.
The request for action tonight is to adopt
the two attached resolutions which will allow for the
formation of the CFD to go forward. It's important to
note that this action if in the affirmative will not be
the last time that the CFD will be before the City
Council. There are at least two other actions, again the
certification of the election as well as the issuance of
bonds which the City Council will have the opportunity to
review this matter.
In addition, a developer agreement between
the City and the proponents of the CFD will also be needed
to insure that all costs associated with the CFD will not
be paid or that are associated with the required
improvements that are not paid for by the CFD will be
borne by the proponents of the CFD.
One instance of where this would be necessary
is by law, the Mello-Roos law only allows for up to five
percent of the CFD funds to be used for utilities. So 95
percent or so, there is a portion of utilities that will
not be possible for funding under the CFD. That will need
"Exhibit A"
City Council Minutes
December 4, 1991
Page 33
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tO be paid for by the developer or by the proponents of
this CFD.
The Council will be considering the developer
agreement at the same time or it's anticipated at the same
time as the election results are certified.
The City has hosted several meetings with the
property owners to review drafts of the engineer's report
as well as the final engineer's report which has been
included in the packet. In these meetings, the
information has been reviewed and has continued to be
refined so that the tax rate has been reduced from what
was originally anticipated in most cases.
We do have two letters of protest which are
included in the packet. Those are from Mrs. Eda Ellena
and also from Miss Anita Kidd representing Mr. Ozzy
Pierotti, one of the property owners within the proposed
district boundary, and that's included in the Staff Report
that Mr. Markman entered in as Exhibit 1.
MR. MARKMAN: I also believe there's a letter from
a law firm on behalf of the Pierotti family which should
be '-
MS. DANIELS: That's Miss Anita Kidd representing
Ozzy Pierotti.
We do, as indicated also, we do have three
letters requesting continuance for the hearing tonight and
City Council Minutes
December 4, 1991
Page 34
"Exhibit A"
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again, should the Council take action tonight, staff will
commence the adoption of the two attached resolutions
which also includes the preparation of a filing of a
negative declaration for the CFD.
Staff in the CFD consulting team including
bound council and the assessment engineer are available
for any questions you might have.
Before concluding this Staff Report, I would
like to read the one title that was omitted from the
agenda itself, but is included in the packet. That is a
Resolution of the City Council of the City of Rancho
Cucamonga Establishing Community Facilities, District
Number 91-1 (Victoria Community) Authorized in the Levy of
a Special Tax within Community Facilities District 91-1
(Victoria Community) in Calling an Election. That
concludes my report.
MR. MARKMAN: I would ask the City Clerk at this
time, Mr. Mayor, to read Exhibit 3 into the record since
the Council does not have copies of it.
THE CITY CLERK: "Dear Mayor Stout and Members of
the City Council, my name is Anita Kidd and my family owns
land in the proposed Mello-Roos Community Facilities'
District 91-1.
On November 26, 1991, a final draft of the
plans were received which unfortunately gives property
"Exhibit A"
City Council Minutes
December 4, 1991
Page 35
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owners very little time to review the plans before the
proposed City Council meeting on December 4, 1991.
Please be made aware that there are
substantial tax consequences which will affect not only my
family, but all involved property owners and, therefore,
it is respectfully requested that the City Council meeting
be postponed for at least two weeks. This would give the
affected property owners necessary time to review the
final plans.
The delay in receipt of the plans was not the
result of property owner conduct, but rather occasioned by
factors within the City of Rancho Cucamonga. As such, a
continuance would be in the best interest and fairness;
therefore, the equities of the situation should compel a
continuance. Thank you for your kind attention hereto.
Very truly yours, by Anita M. Kidd."
MAYOR STOUT: One thing further before we continue.
Has a copy of the official engineer's report
been marked as an exhibit to be included in the record?
THE CITY CLERK: That's included in the page
numbers that Mr. Markman read off.
MAYOR STOUT: All right. Of the City Clerk then, I
would like to inquire as to a few matters of business.
Is there an Affidavit of Publication of the
Notice of the Public Hearing?
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city council Minutes
December 4, 1991
Page 36
"Exhibit A"
THE CITY CLERK: Yes.
MAYOR STOUT: Is there an Affidavit of Mailing of
the Notice of the Public Hearing?
THE CITY CLERK: Yes.
MAYOR STOUT: The Certificate of the Registrar of
Voters certifying that there were less than twelve
registered voters registered to vote in the proposed
community facilities' district on each of the ninety days
proceeding the date of this hearing?
THE CITY CLERK: Yes.
MAYOR STOUT:
protests.
We've already indicated the written
All right, at this time before I open the
public hearing, I would inquire of the City Council, there
has been a request for a continuance.
What is the pleasure of the City Council?
COUNCILMEMBER ALEXANDER: I'm prepared to go now.
MAYOR STOUT: Chuck, prepared to go forward?
sorry?
COUNCILMEMBER BUQUET:
COUNCILMEMBER WILLIAMS:
What did -- go forward?
COUNCILMEMBER BUQUET:
COUNCILMEMBER WILLIAMS:
MAYOR STOUT: Pam?
COUNCIL MEMBER WRIGHT:
Yes.
I didn't hear Bill.
Yes.
I want to go forward.
Right.
"Exhibit A"
City Council Minutes
December 4, 1991
Page 37
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MAYOR STOUT:
MR. MARKMAN:
MAYOR STOUT:
MR. MARKMAN:
Allright. Then it's unanimous.
Mr. Mayor '-
Yes.
Let's keep track of the exhibits.
I'd ask that the Affidavit of Publication, which I don't
think is in the packet referred to by the City Clerk would
be Exhibit 5, Affidavit of Posting would be Exhibit 6 and
the Certificate of the Registrar of Voters would be
Exhibit 7.
MS. DANIELS:
MR. MARKMAN:
The certificate is within the packet.
The Certificate of the Registrar? I
just want to be sure we don't --
MS. DANIELS:
MR. MARKMAN:
MS. DANIELS:
MAYOR STOUT:
I believe it's page 112.
But the affidavits are not?
That's correct.
They're certified documents so they
receive public testimony.
should be marked as separate exhibits.
MR. MARKMAN: Well, if we have, it's okay as long
as we have a copy and the City Clerk has the originals, so
5, Exhibit 5 will be the Affidavit of Publication.
Exhibit 6 would be the Affidavit of Posting. We don't
have an Exhibit 7 yet because it's already part of Exhibit
1.
MAYOR STOUT: I will now open the public hearing to
In order to structure the
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city council Minutes
December 4, 1991
Page 38
"Exhibit A"
public hearing, we will conduct it in the following
manner: I would first ask to hear from all those persons
wishing to testify against any of the following: 1, the
establishment of the District: 2, the boundaries of the
District: 3, the public facilities to be financed by the
District; 4, the rate and method of apportionment of the
special tax to be levied within the District; 5, the
issuance of not to exceed $55 million in bonds secured by
the special tax to pay all or a portion of the public
facilities and; 6, any other matters set forth in either
resolution 91-277 or 91-278.
Those wishing to speak against any of those
items, this would be the appropriate time. Please come
forward to the podium, state your name for the record and
if you would indicate your interest with respect to
whether you're a property owner or any other interests so
that the record is clear as to what you're speaking,
excuse me, speaking about.
MS. BURCHETT: My name is Sharon Burchett. I'm an
attorney with MacLachlan, Burford and Arias and I'm here
on behalf of Nabisco, one of the minority property owners.
I'm not familiar with your procedures and so
don't know if this issue is moot, but I am unable to speak
for or against formation of the District because I have
not had an opportunity to review the information of the
"Exhibit A"
City Council Minutes
December 4, 1991
Page 39
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consequences to Nabisco.
final plans that were submitted to all the affected
property owners on November 26. The final plans were
promised on the 20th. We did not receive them until the
26th.
COUNCILMEMBER BUQUET: Sharon, could you pull the
microphone up just a little bit so it'll be easier to hear
you? Thanks.
MS. BURCHETT: I artended a meeting of all the
affected property owners yesterday and voiced my concern.
The draft of the plans contained a significant error
inasmuch as they designated our property as commercial
instead of high density residential.
Our engineers indicated that the
infrastructure that was proposed was in adequate to
accommodate the high density residential use that is
permitted. The City Engineer and the engineer for the
developer indicated they would correct that on the final
plans.
These plans were not made available to us
until the 26th. My client's located back East. We have a
local engineering firm that was unable to review them
because they only had three working days to do so before
this hearing.
This project has very significant tax
I think that we need to have an
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December 4, 1991
Page 40
"Exhibit A"
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adequate opportunity to review all the information before
we can meaningfully speak in favor of or against this
District.
At the affected property owners' meeting
yesterday, I voiced my concern and it was unanimous.
There was not a single person there including all, any of
the developers or any representatives from the City that
voiced opposition to a two week continuance to permit us
an opportunity to review all of the information relating
to this CFD.
Further, there was a very significant table
of the cause sharing analysis that was omitted from the
final plans that were submitted to us. They promised to
FAX that to us today, indicated that it was a mistake that
that table was omitted. I still haven't seen it.
Ms. Anita Kidd showed me a Staff Report that
was apparently mailed on the 27th. As of 3:00 o'clock
this afternoon when I left my office, I had not received
that either.
Given the significance of this project, the
lack of opposition to a continuance by anyone including
the developers, I respectfully request you reconsider our
request for a two week continuance so that we can really
have a full, fair and adequate hearing on this project.
Thank you.
"Exhibit A"
City Council Minutes
December 4, 1991
Page 41
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noted.
MAYOR STOUT: Thank you. Your objection has been
All right, unless I hear from anyone else
wishing to speak against the formation of the District or
the six points that I mentioned, we will move on to those
speaking in favor.
Is there anyone here to speak in favor of the
District?
MS. KIDD: I'd like to speak against the District.
MAYOR STOUT: Please come forward. State your name
My name's Anita Kidd. My family, the
Pierottis, own about thirty acres within the proposed CFD.
Are you not going to rule on, again, on the
request for a continuance? If you are going to continue,
then I will obviously hold my speech until this matter is
continued.
MAYOR STOUT: Unless I hear any sympathy from the
rest of the Council for that request, it's my
understanding we're continuing with the public hearing
tonight.
MS. KIDD: Okay. As stated, my folks own thirty
acres of land within the proposed CFD. They have owned
this land for approximately sixteen years and have paid
the taxes and have done their civil duty with regard to
for the record.
MS. KIDD:
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December 4, 1991
Page 42
"Exhibit A"
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that land.
My dad bought that land as a retirement nest
egg so-to-speak and he currently pays approximately
$10,000 a year in taxes. The proposed CFD will increase
those taxes by $315,000 a year.
This is undeveloped land. This is land that
is not producing any income. This is land that no one is
offering to buy and given the economic state of both the
City of Rancho Cucamonga, the State of California as well
as our nation, we all know that real estate, the real
estate market stinks.
I just don't see how this could be a fair
deal. There is supposedly this, our assessment is
according to our fair share. If the mall goes through,
the mall will be getting revenues immediately. When the
taxes are expected to be paid, the mall will be in place.
So the people owning the mall land will be able to pay
these taxes. We won't. We don't have prospective
developers. My father can't afford to develop the land.
And so in essence, it'll be a taking of our land. If we
can't pay the taxes, you guys will take the land.
I must also point out that since there's, the
vote will be based on acreage, land owner acreage, the big
guys being Lyon's, et cetera, the ones that will be
building the mall own 75 percent of the land leaving the
"Exhibit A"
City Council Minutes
December 4, 1991
Page 43
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small property owners with only 25.
By the numbers alone, you can see that a vote
is really a farce. You can put this matter up to a public
vote, but we've already lost because private land owners
only account for 25 percent.
I would like to plead with the City Council
and the Mayor that the CFD is not at all equitable. I
think you need to think about those small property owners.
I realize that the mall is of great benefit to everyone.
I think that's wonderful, but we just can't handle the
assessments and I think other property owners can't either
and I appreciate your time.
MAYOR STOUT: Thank you very much.
MR. GUTIERREZ: Excuse me. My name's Rex Gutierrez
and I have a hoarse voice, but I need to at least let you
know before leaving that the issue I'm talking about is
not necessarily, it's not directly connected to what they
mentioned, but it does have to do with $10 million of this
bond that you're talking about for the Lakes' project.
I live in Victoria Groves and I am not
representing the active group tonight as I did previously.
I'm speaking on my own, but I will tell you that a
continuance is the least you could do. There's a lot of
people that I talked to and we need time to organize.
In Victoria, people that are simply suffering
City Council Minutes
December 4, 1991
Page 44
"Exhibit A"
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economic hardships at this time of the year and at this
time of the economy, a bond issue's in itself in my
opinion ridiculous for a city like Rancho Cucamonga to be
considering at this time and in the economy that we're in,
in the predicament of many states and localities find
themselves in, but primarily, a lot of us in Victoria are
opposed to the proceedings to develop the Lakes and if a
two week continuance would simply give time to at least
rethink that or at least give us time to organize, then
I'm all for a continuance.
Thank you.
MAYOR STOUT: Mr. Gutierrez, just one comment just
so that maybe this will assuade your words a little bit.
They're not talking about building those lakes at all for
three years.
MR. GUTIERREZ:
MAYOR STOUT:
I know, but I just '-
The bond we're talking about here is
not going to be paid back by anyone that lives in the
existing Victoria --
MR. GUTIERREZ: I realize that. I realize that
that's part of the Mello-Roos and that something that,
just because I didn't know whether it would make a
difference in case I wanted to get the benefit of the
doubt, get up and at least say if it has any bearing at
all to, for the continuance, that there are people that
"Exhibit A"
City Council Minutes
December 4, 1991
Page 45
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are simply opposed to at least part of this bond issue.
MAYOR STOUT: The point I was trying to make, I
understand what you're saying, is you're going to have
three years to mobilize or organize as many people as you
want.
MR. GUTIERREZ:
That's great. I just thought that
because there's $10 million of the 55 that seems to
involve the Lakes' construction, if we're going to debate
whether the Lakes are ever going to be constructed, then I
thought it would have a bearing on whether the amount is
going to be 55. I just thought just in case it did have a
bearing, I thought I'd get up before it was too late.
MAYOR STOUT:
MR. GUTIERREZ:
MAYOR STOUT:
MR. GRAHAM:
I appreciate that.
Thank you.
Thank you.
Mr. Mayor, Councilmembers, my name is
John Graham. I represent Eda Ellena. I, too, am
surprised that this is continuing based upon the fact that
the majority, in fact all of the land owners thought that
a continuance was worthwhile from the point of facts they
were presented at the meeting, but disregarding that, I
need to echo the sentiment of the prior speakers that
regarding taking this plan forward and having a land
owner, vacant land owner with vineyards there, Eda Ellena,
and assessing her the, last schedule I saw was somewhere
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city council Minutes
December 4, 1991
Page 46
"Exhibit A"
in excess of $600,000 her share and it amounted to over
$100,000 a year with no income from the property and right
now, who knows when it's going to sell. I hope that you
consider those problems faced by the undeveloped land
owners when you consider going forward with this.
MAYOR STOUT: Thank you, Mr. Graham.
MS. BURCHETT: Again, I apologize. I don't know if
this is a breach of your protocol or whatever. I wanted
to inquire if I could whether there is any chance that you
would hold the public hearing open to the December 18
meeting to permit us an opportunity to address you at that
time taking into consideration what has been said here
tonight as well.
MAYOR STOUT: I will ask the Council to discuss
that option at the conclusion of the testimony.
MS. BURCHETT: All right. May I inquire of you
also, Mayor Stout? Do I have, will the Council permit me
time to make a phone call to try to get my engineer here
to speak to the Council tonight?
I really am taken aback that this was not
continued because I was led to believe at the meeting
yesterday by Linda Daniels that given the fact there was a
unanimous agreement between everyone, that the meeting --
MAYOR STOUT: Counsel, excuse me.
MS. BURCHETT: I'm going on and on I know about
"Exhibit A"
City Council Minutes
December 4, 1991
Page 47
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this and I'm just very taken aback by this.
MAYOR STOUT: I'm sure you've been in court before
where parties have decided that they wanted to continue
matters, but the judicial body making the decision has
decided otherwise.
MS. BURCHETT:
MAYOR STOUT:
MS. BURCHETT:
you very much.
MAYOR STOUT:
Well, that has happened on occasion.
I know. That's happened tonight.
I'm getting that impression. Thank
Thank you.
COUNCILMEMBER BUQUET: I'm just curious.
times has this been continued?
MAYOR STOUT: Twice. All right.
COUNCILMEMBER WRIGHT:
heard it?
MAYOR STOUT:
How many
The time we set the hearings back
when we first originally set it.
COUNCIL MEMBER WRIGHT:
about how long ago that was?
Yeah, but I was wondering
MS. DANIELS: It was originally intended for
November 6. It was continued to November 20 and then
again to December 4, tonight.
COUNCIL MEMBER WRIGHT:
some sort of hearing on it about a year ago, about, at
least part of the proposal because I remember --
And didn't we actually do
When was the first time we
City Council Minutes
December 4, 1991
Page 48
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MAYOR STOUT: That's the Notice of Intent Hearing.
MS. DANIELS: In September and August I believe.
It was either the last meeting in August or one of the
first meetings in September, I don't recall which, but
yes, you have had a prior discussion on it.
MAYOR STOUT:
opposition is closed.
Okay. At this time, testimony in
I will now open the public hearing
to receive public testimony in favor.
Does anyone care to address the Council at
this time?
MR. FELIZ: Mayor Stout, for the record, my name is
Daniel Felix. I'm employed by the Lyon Company, managing
general partner of the partnership that is proposing the
regional shopping center. The partnership technical name
is HFA. It stands for Hahn Foothill Associates.
The series of meetings during which we have,
as a proponent for this '~ommunity Facilities District, the
series of meetings that we have held to inform or to help
inform all of the affected property owners that have been
hosted by the City has been pretty comprehensive and we
think rather well artended. There have been
disagreements. There have been questions, good questions.
We have, I think, responded to all of the questions.
It is, should be obvious tonight and would
have been obvious to anyone attending those informational
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December 4, 1991
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meetings that not all of the answers were to the likings
of the questionnaire. We attempted to answer them
factually, comprehensively and in a fashion that we took
as our basic precept for this CFD, that basic precept
being fairness to the small property owner, to the small
property owner affected.
We also took into consideration the need for
the CFD. We think the need is overriding. We think the
fairness aspect of it, when all of the property owners
understand all of the issues without the rhetoric, without
the inflammatory statements, we think that when they're
considered in their entirety, as an example, mention is
made about the enormous increase in the taxable dollars
affected for each given property.
There is an option on the part of the
property owner that if he wishes not to receive payment,
but instead dedicate his land toward the improvement, that
he can reduce his payments or reduce his payments towards
the debt service on the Mello-Roos bonds or he can receive
the cash. It is the option of the property owner to do
that.
If he opts, if he or she opts to receive cash
payment, presumably that person can bank that cash payment
and make and apply that toward the initial payments of the
Communities Facility District allocation that that
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city council Minutes
December 4, 1991
Page 50
"Exhibit A"
property owner has.
We think the City or, in the alternative, if
that property owner wishes to reduce his payments, that by
the way, don't start for two, approximately two calendar
years after the bonds are issued, if the property owner
wishes to reduce those payments, he or she can do so by
opting to dedicate the land as public improvement.
And in all cases, correct me if I'm wrong,
Linda, in all cases, all of the affected property owners
have land to dedicate.
Or there is land to be dedicated?
I'm not sure in all cases.
I'll amend that, in most cases; is that
MS. DANIELS:
MR. FELIX:
correct?
MS. DANIELS:
MR. FELIX:
In most cases, yes.
There is land to be dedicated,
therefore, there is money to be received by the land owner
out of the proceed~ of the bond issue or he or she can opt
to instead dedicate that land and reduce the payments on
the bond issuance.
We think the City is at a turning point. We
think that it is gratuitous for the greater community that
three projects, three large projects come on the horizon
at this time that can organize together to create all of
the infrastructure that in the end is going to add value
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December 4, 1991
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tO all of the properties being affected.
That added value may be realized by
development or by sale or by a combination of the two.
That is a property owner's prerogative. There is no,
there is no doubt that doing all of this work at one time
will achieve economy as a scale and will certainly
simplify the life for any of the citizens of Rancho
Cucamonga who are traversing the area.
We think it is a well founded request that
we're making. We think we answered the questions in a
factual way. We think that the benefits accrued to the
individual property owners, to the projects at hand and to
the greater community of Rancho Cucamonga. I would be
ready to answer questions or respond to any or present any
elaboration that you wish. I'm available.
MAYOR STOUT: Any questions of the proponent at
this time?
COUNCILMEMBER BUQUET: Just for clarification,
would it be a correct statement to say that the Community
Facilities' District is there for the purpose of building
the infrastructure that would be necessary ultimately to
develop and improve those lands throughout those areas?
MR. FELIX: That's correct. These improvements
would at one time, at some point in time, these
improvements will have to be built for any of these
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December 4, 1991
Page 52
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properties to be developed and I'm glad you bring that up
because at that point in time, should the CFD not move
forward, at that point in time, that property will be
responsible not just for his improvements, not just for
his infrastructure, but he or she will have to tie in that
infrastructure to something.
You cannot just build street lights, install
street lights and not connect it to power sources. You
cannot build a portion of a drainage facility without
attaching it to something to drain into. You cannot build
one half of a turn lane necessary for that project.
The City is going to require these projects
to build out these improvements and when that property is
developed, no matter which of those properties it is, it's
going to require more development than would ordinarily be
attributable to that property.
In other words, this is the opportunity for
the smaller property to take advantage of a larger
comprehensive plan to get their improvements built and
raise the value of their property.
COUNCILMEMBER WRIGHT: So when you were talking
about added value and economy of scale, you were talking
about the benefits to those small property owners as well
as to the larger developers who are what someone referred
to as making up that other 75 percent that --
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December 4, 1991
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MR. FELIX: That's absolutely correct.
COUNCILMEMBER WRIGHT: This is a window of
opportunity for all the property owners includin~ people
who own ten or twenty or thirty acres?
MR. FELIX: That's correct.
COUNCILMEMBER WRIGHT: Five acres?
MR. FELIX: And havin~ used the fair share
allocation, having used the precept of fairness, we think
that, well, we know that we have bent over backwards. The
larger projects have bent over backwards to insure that
the smaller property owners are getting, I'll call it a
fair share without fear, without fear of being
contradicted by any allocation. And your own independent
engineer has allocated these costs out so that they are,
precept of fairness is observed.
scale.
COUNCILMEMBER WRIGHT: You, I understand economy of
That's real clear. Can you expand a little bit on
added value, how that's going to benefit the small
property owner?
MR. FELIX: Yes. One of the property owners
mentioned difficulty in selling the property that he or
she owns at the present time. In this environment or in
any environment, whether it's, whether we are in the
roaring '80s or whether we're in the tightened '90s, any
buyer or developer of a property looks at the mystery
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December 4, 1991
Page 54
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infrastructure for a community.
involved with the development of that property. We call
it the mystery, the things that you need to do in order to
get it entitled, in order to get it built, leased up,
sold, whatever you're doing with it. You need to
understand what infrastructure needs to be built for it.
We call it off sites, the off site improvements.
Any buyer of a property coming to look at a
property sees what has to be done, knowing the demands of
the City, the demands of the infrastructure that are
required for those properties and they're overwhelmed by
those improvements. They see that unless something like
the CFD is in place and working, that there is, that the
economies of scale and the value to that property are
affected by the lack of that infrastructure. The fact
that that developer then has to come in and do, not just
the infrastructure necessary for his own particular
development, but very likely infrastructure beyond his
project.
There are properties here that are not even
served by roadway at this time that those roadways have to
be built. Those sewer lines have to be installed. Those
storm drains have to be installed. Power lines have to be
buried. Street lights have to be installed.
It is just an enormous task to develop
This is what the CFD
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December 4, 1991
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does. It raises the value of those properties overnight.
Yes, they must pay their fair sure of that improvement,
but that is what's called improving your property.
COUNCILMEMBER WRIGHT:
COUNCILMEMBER BUQUET:
quick questions, Mr. Mayor.
Okay, thank you.
I just have a couple of
Mr. Felix, you made comment on a couple of
occasions regarding dedication of right away to reduce the
amount of the repayment and there's several people that
have been talking about these astronomical amounts at
least within their perspectivesas far as astronomical
amounts on thirty acres parcels and things like this.
Do we have a handle on what the dollar
equivalent is on the dedication in lieu of the
participation? Linda or Mr. Felix?
MS. DANIELS: Yes. The assessment engineer has
gone through and has provided examples for the different
property owners so if they chose to dedicate the property,
how their tax rates would be reduced on a percentage basis
and if you would like that information, Sharon, Sheryl,
could provide that to you, but that has been provided and
made aware to the property owners. In some cases, it's 50
to 53 percent. I don't know the exact numbers.
COUNCILMEMBER BUQUET: I was just trying just for
clarification during this portion of the meeting, I know
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December 4, 1991
Page 56
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we're all sitting here trying to talk about trying to get
an idea to some of the ranges of impact that would have on
the overall cost that has been projected.
MS. DANIELS: Again, on the Ellena property, if I
recall correctly, it would be reduced by approximately 53
percent of the current tax identified in the report, but I
believe on the Pierotti property, it's approximately 50,
51 percent.
COUNCILMEMBER BUQUET: Okay. And that would be
dedication of right-of-way that would be necessary to put
the infrastructure improvements in which in essence would
be required to be dedicated in order to be able to develop
the site and improved in addition to that?
MS. DANIELS: Yes.
COUNCILMEMBER BUQUET:
Okay.
MAYOR STOUT: Also, there's a large cash payment
made to them to pay for that land should they then choose
to do that. So they would have a large '-
COUNCILMEMBER BUQUET: I know the significant cost
consideration in the grand scale of the cost calculations
for the bond issue have to do with the right-of-way
acquisition cost. So it's a pay me now or pay me later
basically is what you're saying.
MS. DANIELS: Something, just for the Council's
information, the CFD provides the unique opportunity of a
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December 4, 1991
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choice to the property owner rather than if they were to
develop on their own and be required to dedicate, they do
have the choice of being paid for the land, but then they
are also paying over a long term the debt associated with
that payment.
MR. FELIX: I would like to point out another
aspect that you reminded me, that if the CFD, for example,
if the CFD were not to move forward and none of these
three major projects were to proceed at this time and at a
later time, one of the smaller properties came forward to
be developed, under this plan, they get reimbursed for the
land they're dedicating.
When they become a proponent, when that
property in that instance would become the proponent for a
project, they would come in for a building permit and the
processing of permits to build their improvement, to
improve their property. They would not get reimbursed for
their land. They would be forced to dedicate their land
for zero dollars.
So this is, I don't know how many of the
property owners understand. This is a very difficult
concept for some people to grasp. We think it's an
important concept because if this CFD were not to move
forward and they subsequently came in to develop their
land, they would not be getting the benefit of having
City Council Minutes
December 4, 1991
Page 58
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their land bought under eminent domain. They would be
required to dedicate that land for their improvements.
COUNCILMEMBER BUQUET: That's why I wanted
clarification on that because it appears to me that may be
of benefit with this type of an approach. And just one
last thing with the Council's indulgence.
There was comments made by individuals that
have spoken with respect to unanimous feelings for a
continuance. I know this matter has been continued twice.
There was preliminary discussion in August and September
and I also believe that there was a brief discussion
approximately one year ago with the Council with respect
to upcoming potential activity in this area, although at
that time, it was not firm as to what direction it was
going, but basically summed up is that we've known at some
point in time, we were going to get a fish or cut bait
situation with this area in respect to the regional mall
and surrounding properties.
Could you comment just briefly in respect to
what, the comment made that you, if you're representing
the big interest there, that you are in favor of a
continuance and if there was a continuance, what, what
harm or benefit would actually be derived by doing that?
MR. FELIX: Yes. A discussion was held yesterday
in the affected homeowners' meeting about apparently the
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December 4, 1991
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final draft of the engineerin9 report not bein9 delivered
timely.
I was not aware at that time that they had
received previous additions of the engineerin9 report and
that the final engineerin9 report that they received was,
I believe that the final engineerin9 report that they
received was a first copy of an engineerin9 report they
had received.
They had received, I am informed, they had
received previous addition to that engineerin9 report and
what may have happened is that in, not, what may have
happened is that they didn't focus on the precept, the
concepts of the previous edition to the engineerin9
reports that they received. There were no substantial
changes that I'm aware of in the final engineerin9 report
except refinements that actually benefited, I'm told, the
smaller property owners. So the final report that they
received, correct me if I'm wrong, Linda, is that
essentially correct?
MS. DANIELS: Yes.
MR. FELIX: The final report that the property
owners who received the report I believe on the, I believe
the report was available on the 23rd, but they did not
actually receive it until the 26th?
MS. DANIELS: The 25th.
City Council Minutes
December 4, 1991
Page 60
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25th.
MR. FELIX: 25th?
MS. DANIELS: People began receiving them on the
MR. FELIX: That final report was a, held
refinements in it that actually benefited the smaller
property owners.
I am, I indicated in the meeting yesterday
that I would not, that I would not object to a
continuance. I indicated that as a matter of fairness,
that everyone should have full information. As I'm
informed now, everyone had full information with the
receipt of the previous editions of the report, then with
the final edition of the report as they received then on
the 25th or 26th.
I, tonight, I'm really delude by whatever
your decision is. You're obviously continuing with the
meeting. I'm prepared to continue to testify and proceed
with the process.
Another important point is that this is not
the last time you will consider this. This, by continuing
it, the way I look at it, you are merely enabling the
process to continue. You're not, you are not blocking
anyone's further, including your own, you're not blocking
anyone further's objection to this process. You're
enabling it to continue just as you have in the previous
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December 4, 1991
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meetings that you've had.
As we proceed further, you may learn you want
to stop the process. That's entirely, of course, your
rights or if people want to change their mind about
objecting to it as they learn more about the process,
that's also their right. We expect that they will as they
We think it's a win, win, win
learn more about it.
situation.
MS. KIDD:
Mayor, may I make some rebuttal points?
MAYOR STOUT: Excuse me. Excuse me. Excuse me,
I'll give you the opportunity in just a minute.
Did you have anything else, Mr. Felix?
No, except I'm available for questions.
MR. FELIX:
Thank you.
MAYOR STOUT:
All right. Is there anyone else
wishing to speak in favor of the District?
MR. LUQUE: Good evening, Mr. Mayor, Members of the
Council and staff. My name is Gary Luque. This evening I
represent both the William Lyon Company and Foothill
Associates, the other two proponents for this District.
I just want to go on record that we are in
favor of this District and if you so wish, we would
support your efforts to continue this or not to continue
this and proceed this evening.
Our position in the meeting yesterday was
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city council Minutes
December 4, 1991
Page 62
"Exhibit A"
that we would not object to the other land owners that had
requested a continuance. We didn't want to interfere with
their efforts. So if they chose to do so, we were not
going to stand in their way, but we certainly would also
like to see this process move forward. We've been waiting
long enough and if you choose to do so, we will be
interested to proceed with the District.
I would just like to point out a couple of
things. First of all on the engineer's report itself, I
won't belabor the point. Mr. Felix I believe summarized
things very well, but in the Resolution of Intention that
was adopted by you in August, ceilings were established as
to what the maximum amount could be allocated to each
parcel. So there has not been any adjustment which would
increase that amount for the individual land owners. So I
just wanted to make sure that was understood.
One other point I would like to clarify is
that this is not all hypothetical as to what's going to be
happening out in this region. There are projects that are
being planned and have already been submitted to the City
and approved by the City, the Planning Commission.
Again, basically, the District runs from
below Foothill going up Bakery Boulevard all the way up to
Highland and Mr. Felix represents HFA which is the
regional mall, Victoria Gardens going in here, but I would
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December 4, 1991
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like to point out that Victoria Courtyard is a power
center which is proposed for Foothill and Day Creek
Boulevard, the southwestern corner.
We have a K-Mart and a Home Depo going in
there that has been processed through the Planning
Commission and agreements are being made with those anchor
tenants. So that is something that is planned to be
proceed immediately.
to do so.
We need this infrastructure in order
In addition to the mall, we also have a large
residential area that we have already started planning on
and once this is under way, we will be submitting
tentative maps.
We have a master tentative map that was
approved in June for this area. We have the parcels
already established and we will be proceeding with the
planning of those individual parcels.
A gentleman brought up the B issue for the
lakes, 25 acre lake park right in the middle of the
residential area and I believe the Mayor I think stated
things quite well, but I just wanted to emphasize again
that this bond issue is being borne by the developer,
Foothill Associates and the William Lyon Company.
No homeowner will be incurring any of these
bond obligations, either prospective new homeowners in
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December 4, 1991
Page 64
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this area or existing homeowners within Victoria. And
this was an ability to get the Lakes built by the
developer and we will pay off the obligations before any
homeowner will be moving into the area and have to assume
the allocation on that parcel.
MR. MARKMAN: Mr. Mayor, for the record, since we
have a map being referred to --
MAYOR STOUT:
MR. MARKMAN:
That's right.
-- I would like that to be left with
the City Clerk and marked Exhibit 7 and the record should
reflect that the previous speaker was referring to that
map making indications of development activity in the
MR. LUQUE:
MAYOR STOUT:
area.
Do you have any questions?
Any questions?
Thank you.
MR. LUQUE: Thank you.
MAYOR STOUT: Are there any other proponents that
would wish to address the Council at this time?
All right, I believe you have rebuttal
remarks? Again, please restate your name for the record.
MS. KIDD: Hi. My name's Anita Kidd. Again my
family, the Pierottis, own land within the proposed CFD.
I have several short points to bring out. One is that
yesterday at the property owners' meeting, the property
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owners relied on the statements from both the City Council
and the CFD proponents that today's meeting would be
postponed.
MAYOR STOUT: Excuse me. Let me correct you. I
don't believe anyone from the City Council was present.
MS. KIDD: I mean not City Council, excuse me, the
redevelopment staff.
MAYOR STOUT: All right.
MS. KIDD: We relied on their statements obviously
to our detriment because other property owners did not
have time to seek appropriate counsel or engineering
reports and I think that's very unfair.
When you're speaking of the CFD proponents,
their experts in this area. They can look at that Staff
Report over the Thanksgiving weekend and digest it fully
and know exactly where they stand because they're the ones
propagating this thing.
When you're dealing with lay people, I think
it's a lot for us to get ready in a very short amount of
time. I got that thing in my office on the 27th, right
before Thanksgiving. I had to cook. It was very, I
didn't have time to actually read the thing.
The other thing I'd like to say is that the
other two delays in these hearings were not the result of
the small property owners. It was within the City Council
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city council Minutes
December 4, 1991
Page 66
"Exhibit A"
or within the staff. We did not ask for that to be
delayed. It was not on our behalf that it was delayed.
So really, this was our first opportunity to speak and in
that, we just received the report as stated on the 26th or
27th. I really do feel this is unfair.
The third issue is that Mr. Felix said that
we had the chance to dedicate our property and thereby
receiving a "tax credit or benefit" That would mean, and
they said that my dad's property would be, the taxes would
be decreased by 50 percent. That means my dad would have
to pay about 120,000 a year for thirty years in taxes on
undeveloped land.
To me that, whether it's one million or five
million, what's the difference? It's still a lot of
money. It's still a lot of money for undeveloped land.
So thank you very much for decreasing our taxes by 50
percent. It doesn't matter. It's still a taking of our
land in essence. It's undeveloped land. It's not
producing any income. There's are no developers kicking
down our doors.
In fact, at one of the property owners'
meetings, someone from the Lyon Company had indicated that
they may be interested. My dad made a trip down from
Canada and had placed several calls in with Mr. Potter who
never even had the decency to return our call with regard
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tO perhaps negotiating a deal or perhaps selling our land.
So I'm thinking that the big guys have us in
a real nice situation where they know that we have these
taxes that will be starting in about two years, forcing us
to sell to them at an incredibly cheap price or obviously
give up our land. And as I said, that constitutes a
taking and I think that should be considered.
And another very interesting point is that
not one of you on the City Council is a member of the CFD,
proposed CFD. You're not property owners. Neither is
anyone in the redevelopment part of the city. There's
none of you here that are affected. So you're voting on
this and you're judging this and you're not one of these
people that are going to have to pay these taxes.
MAYOR STOUT: Just to make a point about that, we
by law could not because that would be a conflict of
interest.
COUNCILMEMBER BUQUET:
that.
We would go to jail for
MS. KIDD: Granted, granted, but am I making my
point clear? You're not the ones that are going to have
to cough up this additional tax.
MAYOR STOUT: Can I ask you a question?
MS. KIDD: Sure.
MAYOR STOUT: Just to clarify a point for the
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city council Minutes
December 4, 1991
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"Exhibit A"
record since we're making a factual record here.
Did you ever receive any of the draft copies
of the engineer's report?
MS. KIDD: Yes. I was at the meetings, most of
them, and I did receive the copies. You're right.
MAYOR STOUT: All right.
MS. KIDD: But those copies were drafts and we
understood them to be drafts. We did not, we were told
that we would get a final copy. We didn't know what this
final copy would be. We're not the ones doing it. We're
not the ones writing it. We don't know what it would be
so finally when it comes on the 27th, great, but again, we
had no foresight into what it would entail.
Thirdly, at a prior property owner meeting,
we asked or someone had mentioned to Linda Daniels whether
what happens if the mall doesn't go through? Are we still
assessed these taxes? Let me remind you, there's no
guarantee that this mall will go through. We'll still end
up paying these taxes. No mall, no pole. You know,
there's no pole so that you could say, well, your dad's
land is in a very high density area so there's a lot of
people. You'll sell it for a lot of money.
All this is so speculative, but it still will
be assessed those taxes on a dream. I mean you have no
guarantee that that mall will be there. I hope it will.
"Exhibit A"
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I hope economic times will allow it to be there, but
there's no guarantee for us and yet the taxes will go
through. Anyway, that's all I have to say.
MAYOR STOUT: Just as a, just as a point, I know
this doesn't, it's not goint to make you feel any better,
but just as a point, you've indicated that the people
involved in this mall and so forth own a large portion of
the land and are going to pay a large portion of the
assessments.
MS. KIDD: Seventy-five percent, right. They do
own - -
MAYOR STOUT: You understand, of course, that
they're not going to commit themself to paying 75 percent
of a 55 million debt and then not build the mall to pay
off the bonds with.
MS. KIDD: Granted, but then again '-
MAYOR STOUT: This is one of the few things that
will actually assure that that mall will get built.
MS. KIDD: As I said before, when the mall is done,
the taxes will start being assessed. In other words, the
taxes will commence basically when the mall's done. The
mall will be there in place so the people that own 75
percent will be having immediate income. Those of us that
are undeveloped will not. As I told you, we do not have
people banging down our doors to develop it. That's a
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December 4, 1991
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reality.
MAYOR STOUT: All right.
MS. KIDD: Thank you.
Is there anyone else?
MAYOR STOUT:
comments?
Thank you.
Any concluding
All right, the public hearing is closed.
MR. MARKMAN: Mr. Mayor, since the hearing is
closed, would you order Exhibits 1 through 7 as identified
into the record please?
MAYOR STOUT: Yes, so ordered.
Do any of the City Council members at this
time have any questions of the City staff or consultants?
All right. There being no further discussion
indicated, is it the desire of the City Council that this
be continued or that we proceed with action on Resolutions
91-1, excuse me, the two resolutions that are submitted?
Is there a motion then to adopt the two
resolutions as submitted?
Do you need separate votes on them?
MR. MARKMAN: I think, for the record, we should
and I think we should identify the resolutions by the
numbers. Linda has the numbers if no one else does.
MAYOR STOUT: Will the City Clerk read the numbers
of the two resolutions starting with the first one.
THE CITY CLERK: 91-376 and 91-383.
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December 4, 1991
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MAYOR STOUT: 376 and 383?
Is there a motion to adopt 91-3767
COUNCILMEMBER ALEXANDER: So moved.
MAYOR STOUT: Moved by Buquet?
COUNCILMEMBER ALEXANDER: Alexander.
MAYOR STOUT: Moved by Alexander.
Is there a second?
COUNCILMEMBER BUQUET: Second.
MAYOR STOUT:
votes please.
THE CITY CLERK:
zero.
MAYOR STOUT:
91-3837
Second by Buquet.
Indicate your
Motion carried unanimously, five,
zero.
Is there a motion to adopt Resolution
COUNCILMEMBER ALEXANDER: So moved.
MAYOR STOUT: Moved by Alexander.
Is there a second?
COUNCILMEMBER WILLIAMS: Second.
MAYOR STOUT: Second by Williams.
Indicate your votes please.
THE CITY CLERK: Motion carried unanimously, five,
MAYOR STOUT: All right. That concludes Item 4.
(END OF PROCEEDINGS.)
City Council Minutes
December 4, 1991
Page 72
"Exhibit A"
REPORTER' S CERTIFICATE
Certified Shorthand Reporter and/or Notary Public of the
State of California, with principal office in the County
of Orange, do hereby certify that the proceeding was
written by me in Stenotypy and transcribed into
typewriting and that the foregoing is a true and correct
copy of my shorthand notes thereof.
DEC 1 91
Dated: