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HomeMy WebLinkAbout2000/07/05 - Minutes July 5, 2000 CITY OF RANCHQ CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, July 5, 2000, in the Tapia Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:33 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatalo, Bob Dutton, Diane Williams, and Mayor William J. Alexander. Absent was: Councilmember Biane. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda Daniels, Redevelopment Director; Larry Temple, Administrative Services Director; and George Rivera, .-tAdministrative Services Manager. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor William J. Alexander announced the item to be discussed in closed session. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF 1-15 FREEWAY, FOREST CITYDEVELOPMENT CA, INC., & LEWIS INVESTMENT CO., LLC; LINDA D. DANIELS, RDA DIRECTOR, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - RDA B1. CONFERENCE WITH LABOR NEGOTIATORS PER GOVERNMENT CODE SECTION 54957.6 TO GIVE GEORGE RIVERA, ADMINISTRATIVE SERVICES MANAGER; AND LARRY TEMPLE, ADMINISTRATIVE SERVICES DIRECTOR, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS. - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS ONLY No one was present to comment on the closed SeSSiOFI item listed above. D. CONDUCT OF CLOSED SESSION Closed session began at 5:33 p.m. City Council Minutes July 5, 2000 Page 2 E. RECESS THE CLOSED SESSION RECESSED AT 6:30 P.M. TO THE REGULAR CITY COUNCIL MEETING AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA. NO ACTION WAS TAKEN IN EXECUTIVE SESSION. CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, July 5, 2000, in the Council Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:00 p.m. by Mayor William J. Alexander. Present were Councilmembers: James Curatalo, Bob Dutton, Diane Willtams, and Mayor William J. Alexander. Absent was: Councilmember Biane. Also present were: Jack Lain, City Manager; James Markman, City Attorney; Larry Temple, Administrative Services Director; Lorraine Phong, Information Systems Analyst; Michael Toy, Information Systems Specialist; Brad Buller, City Planner; Shintu Bose, Deputy City Engineer; Bill Makshanoff, Building Official; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Pau[a Pachon, Management Analyst II; Deborah Clark, Library Director; Diane O'Neal, Assistant to the City Manager; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; James Frost, City Treasurer; and Kathryn L. Scott, Deputy City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Mayor Pro Tem Willtams gave an update on Assembly Bill 2838. She said this bill is a very serious threat to local control in land use planning whereby it is creating a new layer Of government to make our land decisions for us. She said our city has taken a very strong stand and our involvement in this has been able to create some language that is being added. She added that the bill was held over until August for vote only so that the amendments contributed by the League of California Cities and others will be incorporated and brought back. She thanked Senator Nell Soto for her support of the City's position and stated her appreciation to the League of California Cities. C. COMMUNICATIONS FROM THE PUBLIC C1. Janet Beech stated she represents the Board of the Sunscape Condominiums on 19th Street. She said they have a circumstance that they don't know how to handle. She said there is a unit in deplorable condition and several months ago the man who lives there was taken out of the unit by the police because neighbors compiained of the odor, She said the unit is so b~d that it probably needs to be torn down. She said they have tried to contact different agencies but to no avail, City Council Minutes July 5, 2000 Page 3 Mayor Alexander suggested that she start with the Fire Chief for the appropriate contacts. He also suggested that she contact the Public Health Department. Bill Makshanoff, Building Official, stated that part of the problem is getting legal access into the unit. Mayor Alexander said if it is a County Health issue, we can help intercede but we don't have any control over that agency. He then referred her to Bill Makshanoff, Building Official, who accepted the packet of information from her. Mayor Alexander said the City would pursue as though it is our issue and then explain fully, by way of the law, that we don't have jurisdiction. Jim Markman, City Attorney, stated we have jurisdiction if it is a public safety issue. Bill Makshanoff, Building Official, stated that it cannot be occupied until it is cleaned up. Part of the problem, though, is getting someone in there to clean it up. He said the City does not have the resources to clean it; we can tell them what needs to be done but we can't physically do it either, and because he still owns the property, he does have legal rights. Mayor Alexander stated without knowing the complete circumstances we can't really discuss it, but we can offer the help tonight. !Jack Lam, City Manager, stated that Bill Makshanoff, Building Official, along with Fire Chief Dennis "Michael, could assist her in finding out what can be done. C2. John Lyons, resident, commented regarding an article in the 6/26/00 "Inland Valley Times", "Rancho's Mayor Response to Critics." He stated his support for Mayor Bill Alexander with respect to the people who threatened to take political action against the Mayor. He stated the Mayor was elected by 75% of the vote and has overwhelming support of the people. C3. Bob Cristiano, property owner in Haven View Estates, commented regarding a letter received from Senator Boxer regarding Haven View Estate debris basin. He complimented the Mayor, City Council, City Attorney, City Manager and City Engineer for their overwhelming patience and encouraged them that they are on the right path. D. CONSENT CALENDAR Jack Lain, City Manager, mentioned that there is a typographical error on Item D4. and that a correction has been submitted. D1. Approval of Minutes: June 7, 2000 June 12, 2000 D2. Approval of Warrants, Register Nos. 6/14/00 and 6/21/00 and Payroll ending 6/22/00 for the total amount of $8,012,340.28. D3. Approval of Resolution to adopt a Memorandum of Understanding (CO 00-048, 00-049 and 00- 050) for all City employee groups. RESOLUTION NO. 00-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING ENTRY INTO MEMORANDA OF UNDERSTANDING WITH THE CITY'S GENERAL City Council Minutes July 5, 2000 Page 4 EMPLOYEE, MAINTENANCE EMPLOYEE, AND THE SUPERVISORY/PROFESSIONAL EMPLOYEE MEET AND CONFER GROUPS FOR FISCAL YEARS 2000/2001,2001/2002 AND 2002/2003 D4. Approval to adopt a Resolution rescinding Resolution No. 99-169 and implementing Salary and Benefits for Fiscal Year 2000/2001. RESOLUTION NO. 00-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RESCINDING RESOLUTION NO. 99-169 AND IMPLEMENTING SALARY AND BENEFITS FOR FISCAL YEAR 2000/01 D5. Approval to transfer a City vehicle to the County of San Bernardino for Police services. D6. Approval of Light Fee Waiver Amendment proposed by Park and Recreation Commission for youth sports recreation organizations that currently are ineligible for existing light fee waiver. D7. Approval of Map, Improvement Agreement, Improvement Security and Ordering the Annexation of Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for Tract 16000, located in Terra Vista Planned Communities and bounded by Church Street, Elm Avenue (west) and Spruce Avenue, submitted by LDC Cougar LLC and Western Land Properties LP. RESOLUTION NO. 00-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16000, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 00-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR TRACT 16000 DS. Approval to accept the bids received, appropriate $176,417.40 from the fund balance of Fund 22 (Transportation) to be placed in Account No. 22-4637~9935, award and autfiorize the execution of the Contract for the Construction of Banyan Street at Fredericksburg Avenue Traffic Signal and Widening Improvements in the amount of $171,417.40 ($155,834.00 plus 10% contingency) to Gentry Brothers, Inc. (CO 00-051), the apparent low bidder, to be funded from Transportation Fund Account No. 22- 4637-9935. D9. Approval to appropriate funds and award and authorize the execution of the Contract in the amount of $159,400 ($144,842 plus 10% contingency) for the Traffic Signals and Safety Lighting at Carnelian Street and La Vine/La Grande Streets, to the apparent low bidder~ L.A. Signal (CO 00-052), to be funded from Transportation Fund Account 22-4637-9921. D10. Approval to acknowledge a Consent Agreement between William' Lyon Homes, Inc., and Southern California Edison (CO 00-053) regarding improvements to Victoria Park Lane Crossing Edison Rights-of-Way adjacent to Tract 15871, submitted by Southern California Edison. City Council Minutes July 5, 2000 Page 5 RESOLUTION NO. 00-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACKNOWLEDGING THE CONDITIONS OF AN AGREEMENT BETWEEN WILLIAM LYON HOMES, INC., AND SOUTHERN CALIFORNIA EDISON REGARDING INSTALLATION OF PUBLIC IMPROVEMENTS WITHIN VICTORIA PARK LANE ACROSS THE SOUTHERN CALIFORNIA EDISON RIGHT-OF-WAY WHICH WILL BECOME THE CITY'S RESPONSIBILITY D11. Approval to accept the Installation of Park and Walkway Lighting in Church Street Park, release bonds, authorize the City Engineer to file a Notice of Completion and approve final contract amount of $72,700.00. RESOLUTION NO. 00-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE INSTALLATION OF PARK AND WALKWAY LIGHTING IN CHURCH STREET PARK AS COMPLETE, AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 'MOTION: Moved by Willlares, seconded by Curatalo to approve the staff recommendations in the staff 'reports contained within the Consent Calendar. Motion carried unanimously 4-0-1 (Biane absent). E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-01 B -CHARLES JOSEPH ASSOC. Request to change the General Plan land use designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for 22.9 acres of land located on the north side of Base Line Rd. approximately 765 feet west of the intersection with Victoria Park Lane -APN: 227-881-01. A Negative Declaration of Environmental Impacts has been prepared for consideration. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND VICTORIA COMMUNITY PLAN AMENDMENT 00-01 - CHARLES JOSEPH ASSOC. - Request to change Victoria Community Plan zoning designation from Medium Residential (8-14 dwelling units per acre) to Low-Medium Residential (4-8 dwelling units per acre) for 22.9 acres of land located on the north side of Base Line Road, approximately 765 feet west of the intersection with Victoria Park Lane - APN: 227-881-01. A Negative Declaration of Environmental Impacts has been prepared for consideration. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 623. ORDINANCE NO. 623 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMGNGA, CALIFORNIA, ADOPTING VICTORIA COMMUNITY PLAN AMENDMENT 00-01, CHANGING THE LAND USE DESIGNATION FROM MEDIUM RESIDENTIAL (8-14 DWELLING UNITS PER ACRE) TO LOW-MEDIUM RESIDENTIAL (4-8 DWELLING UNITS PER ACRE) FOR 22.9 ACRES OF LAND LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 765 FEET City Council Minutes July 5, 2000 Page 6 WEST OF THE INTERSECTION WITH VICTORIA PARK LANE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-881-01 MOTION: Moved by Williams seconded by Curatalo to waive full reading and approve Ordinance No. 623. Motion carried unanimously4-0-1 (Biane absent). E2. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 00-01A - NORTHTOWN HOUSING DEVELOPMENT CORP. - A request to change the General Plan land use designation from Commercial and Medium-High Residential (14-24 dwelling units per acre) to Mixed Use for 3.24 acres of land located on the east side of Amethyst Avenue, south of the intersection with La Grande Street and north of the intersection with Lomita Drive. 1The City will also consider Medium-High Residential (14-24 dwelling units per acre) and Office as alternatives for the entire site - APN: 202-151-12. Related files: Development Code Amendment 00-01, and Development Agreement 00-01. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 00-01 NORTHTOWN HOUSING DEVELOPMENT CORP. - A request to chang~ the Development District zoning designation from General Commercial and Medium-High Residential (14-24 dwelling units per acre) to Mixed Use, and the establishment of a Senior Housing Overlay District (SHOD), including deviation from certain development standards for the residential portion of the base district, on 3.24 acres of land located on the east side of Amethyst Street, south of the intersection with La Grande Street and north of the intersection with Lomita Drive. The City will also consider Medium-High Residential (14-24 dwelling units per acre) and Office as alternatives for the entire site - APN: 202- 151-12. Related files: Development Code Amendment 00-01, General Plan Amendment 00-01A, and Development Agreement 00-01. A Negative Declaration of Environmental impacts has been prepared for consideration. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT AGREEMENT 00-01 - NORTHTOWN HOUSING DEVELOPMENT CORP. - A Development Agreement between the City of Rancho Cucamonga and the Northtown Housing Development Corp. for the purpose of providing a Senior Housing Project per the requirements of the Senior Housing Overlay District 2(Section 27.020.040 of the Development Code), including deviation from certain development standards for 60-96 senior apartment units and one manager unit on a Mixed Use site of 3.24 acres of land located on the east side of Amethyst Avenue, south of the intersection with La Grande Street and north of the intersection with Lomita Drive - APN: 202-151-12. Related files: Development Code Amendment 00-01, General Plan Amendment 00-01 A, and Development District Amendment 00-01. Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance Nos. 624 & 625. ORDINANCE NO. 624 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF: RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENTIDISTRICT AMENDMENT 00-01, A REQUEST TO AMEND THE DEVELOPMENT DISTRICTS MAP AND DEVELOPMENT CODE FROM MEDIUM-HIGH RESIDENTIAL (14-24 DWELLING UNITS PER ACRE) AND GENERAL COMMERCIAL TO MIXED USE WITH A SENIOR HOUSING OVERLAY DISTRICT FOR 3.24 ACRES OF LAND, LOCATED ON THE EAST SIDE OF AMETHYST STREET, SOUTH OF THE INTERSECTION WiTH LA GRANDE STREET AND NORTH OF THE INTERSECTION WITH LOMITA DRIVE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-151-12 City Council Minutes July 5, 2000 Page 7 ORDINANCE NO. 625 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 00-01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND NORTHTOWN HOUSING DEVELOPMENT CORPORATION FOR THE PURPOSE OF PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH THE SENIOR HOUSING OVERLAY DISTRICT (SHOD), INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT STANDARDS FOR 80 to 96 SENIOR APARTMENT UNITS AND ONE MANAGER UNIT LOCATED ON THE EAST SIDE OF AMETHYST STREET, SOUTH OF THE INTERSECTION WITH LA GRANDE STREET AND NORTH OF THE INTERSECTION WITH LOMITA DRIVE - APN: 202-151-12 MOTION: Moved by Alexander, seconded by Curatalo to waive full reading and approve Ordinances No. 624 & 625. Motion carried 4-0-1-1 (Biane absent, Williams abstained). E3. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 00-01 - CITY OF RANCHO CUCAMONGA - A proposal to add a Mixed Use Zoning District with accompanying definitions, processing provisions, and development standards to the Rancho Cucamonga Development Code. :Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 626. ORDINANCE NO. 626 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 00-01, TO ESTABLISH MIXED USE DISTRICTS, WITH ACCOMPANYING DEFINITIONS, PROCESSING PROVISIONS, AND DEVELOPMENT STANDARDS BY AMENDING SECTIONS 17.06.010.C.1, 17.08.020, 17.08.030 AND 17.08.040A OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by Curatalo to waive full reading and approve Ordinance No. 626. Motion carried unanimously 4-0-1 (Biane absent). E4. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REDUCE THE UTILITY USER'S FEES Kathryn L. Scott, Deputy City Clerk, read the title of Ordinance No. 558-D. ORDINANCE NO. 558-D (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 3.48 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO UTILITY USER'S FEES MOTION: Moved by Alexander, seconded by Curatalo to waive full reading and approve Ordinance No. 558-D. Motion carried unanimously 4-0-1 (Biane absent). City Council Minutes July 5, 2000 Page 8 F. ADVERTISED PUBLIC HEARINGS F1. APPEAL OF DEVELOPMENT REVIEW 99-72 - RYLAND HOMES - ']'he appeal of the Planning Commission's approval of the design review of building elevations and detailed site plan for 78 homes within Tentative Tracts 15911 and 15912 in the Low-Medium Residential District (4-8) dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific Railroad right-of-way. APN: 227-131-05 and 227-141-11 and 12. Related File: Variance 99-11. Staff report presented by Brad Buller, City Planner. He said Caltrans now, after telling us a wall would be okay on the shoulder of the freeway to mitigate the noise, is saying that it iwould not be their position to support a wall on the freeway right of way when there are other options available. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: John Melcher, speaking of behalf of Ryland Homes, stated they did explore the Council's direction regarding the possibility of building within the right of w~y on the shoulder. He explained to the Council part of the effort that has transpired between CounciFs direction of four weeks ago and tonight. He said CalTrans determined they real!y needed a cooperative agreement between the City and Caltrans in order to explore the process. He said they (Ryland) were surprised, as staff was, by the sudden reversal of CalTrans stating this is not something that can ever happen as they will be widening the freeway eventually and that this can be done on the private property. Mr. Melcher said a genuine effort has been made by staff and the developer, and he would hope that Council would deny the appeal so that the project can move ahead. Carlos Garcia, Ryland Homes, stated he is here to field any questions that the City Council may have. City Council members had no questions for Mr. Garcia at this point. Jim Banks, resident of Etiwanda, said he would like to have the opportunity to talk to CalTrans and work his way through the process. He said he would like to see the noise study and see the regulations they are citing, because he finds it difficult to accept that they can twice tell us it is all right and then the third time change their mind. He said the trees have been removed, and he feels the noise has doubled since. He asked that, whatever the decision, they do something about trees that will grow and at least muffle the noise so as to make it a more habitable place. Jim Frost, resident of Etiwanda, said he suggested as another option to drop that wall back down to a reasonable height, if it's not going to stop that noise, and not let the people in the backyards of those homes suffer looking at a 17 ft. high wall in their backyards.; He said those backyards are not going to have the environment that we would all like to enjoy, wall or not. He said an option is to bring the wall back down to something that will be visually attractive and then continue to look at other alternatives, such as vegetation, etc. John Lyons, resident of Etiwanda, said the quality of life is at stake. He said we need to take a realistic approach to this. He said he would encourage the Council very strongly to help us work with CalTrans to get this resolved in order to save Etiwanda. There being no further public comment, the public hearing was closed. Mayor Pro Tem Williams asked how high the wall would be if a resident was standing in his back yard. Mr. Garcia, Ryland Homes, said it would be 16 to 21 feet from the back. City Council Minutes July 5, 2000 Page 9 Brad Buller, City Planner, said from the residents' side it is 16 to 17 feet and from the freeway side it is taller. Mayor Pro Tem Williams asked if the wall would block the view from the freeway if she were the resident. Mr. Garcia, Ryland Homes, said he would not be able t~ answer that unless he went out there to figure it out. He said the setback is about 20 feet on average from the home to the wall. Mayor Pro Tem Willlares asked how many homes will have a very tall garden wall. Mr. Garcia, Ryland Homes, replied five homes. Councilmember Curatalo stated he is well aware that a lower body of government can't tell a higher body of government what to do, but he certainly can express his displeasure in how CalTrans has changed their position on this issue. Councilmember Dutton said a 21-foot wall still does not thrill him and he certainly would prefer some vegetation, especially trees. He asked the City Planner if the wall had to be 21 foot or could you put in - a lower wall and with the cost differential put in tress that would provide a more aesthetic value. zBrad Bullet, City Planner, said the acoustic repod that was presented for this project determined the 'wall height and this was the wall height required based on that acoustic study, given the grade of the · freeway. He said an option would be to talk to the acoustic engineers and look at some alternatives. He said you can mitigate the noise from the building standpoint for the interior noise to a level that is consistent with our codes, but it's that exterior noise level at that rear yard; and without adopting some statement of overriding considerations under a CEQA proceeding for environmental, you have to meet your code minimum. He said we would have to look at some engineering alternatives to meet that sound standard. He said throughout this project there will be trees, although not 65-ft. trees any time in the near future, but there will eventually be a whole array of plantings that will occur within this tract of homes that will help deflect noise. Mayor Alexander said the bureaucratic stance that CalTrans is taking is ludicrous. He said we did not play hardball with them nearly enough. He said we have cooperated with them as much as they have cooperated with us in the design and the lowering of the freeway, however, he thinks they are being grossly unfair. He said living in a house there would be like living in a prison as far as he is concerned. He said he does not think it is right what CaITrans is doing, and he would like to continue this for at least two weeks to find a resolution. Brad Buffer, City Planner, stated within two weeks staff can probably structure something that the Council could take action on that would allow Ryland Homes to at least get started knowing that it is either going to be this wall or some alternative wall situation. He said it would be helpful to look at schematics or visuals as to what this wall, even a 6-ft. wall, would look like from the freeway, because in fairness for the Council to make that determination, you need to know the visual impact of a wall without the possibility of even landscaping that portion of the right of way to mitigate it for graffiti. Mayor Alexander said it would be nice to have a workshop with the Council to explain this issue. Mayor Pro Tem Williams stated at a previous Rt. 30 meeting a sound engineer came and gave a very good laymaWs explanation as to how sound wails work. She said that may be a good thing for all involved. She said there are some examples on the 1-10 freeway of some high 6-ft. walls which we could get photographs of which are similar to what we are talking about. City Council Minutes July 5, 2000 Page 10 Carlos Garcia, Ryland Homes, said in counseling with the noise consultant, the right-of-way wall minimum is probably ten feet, not six feet, and it could even be higher as well as longer. Mayor Alexander stated again that he would like to present at the meetings regarding this. Mr. Garcia, Ryland Homes, stated that the Tract in question, 15911, did not have any trees cut; it was just weeds. He said in addition to a six-ft. garden wall that will be back from the back yard of the homeowner, there is still some retaining to be done on the other end, so it will still be higher than six feet. He said there will be a perimeter wall for the whole project, a six-foot garden wall from the homeowner side with some additional feet for a retainer. Brad Buller, City Planner, said they would try to get an acoustic engineer within the next two weeks, lh and they will notify the Council of such. At the 19 meeting staff will bring back a resolution that Council can take action on that allows the developer to move forward with his project and will put some kind of timeline and commitments on resolving this issue. RESOLUTION NO. 00-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING DEVELOPMENT REVIEW 99-72 THE APPEAL OF THE DESIGN REVIEW OF BUILDING ELEVATIONS AND DETAILED SITE PLAN FOR 78 HOMES WITHIN TENTATIVE TRACTS 15911 AND 15912 IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVE. AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY - APN: 227-131-05 AND 227- 141-11 & 12 APPEAL OF VARIANCE 99-11 - RYLAND HOMES - The appeal of th'e Planning Commission's approval of a request to construct perimeter tract walls up to approximately 17 feet high where a maximum height of 6 feet is permitted for freeway noise mitigation purposes for Tracts 15911 and 15912 in the Low-Medium Residential District (4-8 dwelling units per acre) of the Etiwanda Specific Plan, located on the southwest and northeast corners of East Avenue and the Southern Pacific right-of- way. APN: 227-131-05 and 227-141-11 and 12. Related File: Development Review 99-72. .RESOLUTION NO. 00-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. RANCHO CUCAMONGA, CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION APPROVING VARIANCE NO. 99-11 TO ALLOW WALLS UP TO APPROXIMATELY 21 FEET IN HEIGHT FOR FREEWAY NOISE MITIGATION PURPOSES WHERE A MAXIMUM HEIGHT OF SIX FEET IS ALLOWED, LOCATED ON THE SOUTHWEST AND NORTHEAST CORNERS OF EAST AVENUE AND THE SOUTHERN PACIFIC RIGHT-OF-WAY IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-131-05 AND 227-141-11 AND 12. MOTION: Moved by Alexander, seconded by Willlares to continue the item to July 19, 2000, 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive, Rancho Cucamonga, California. Motion carried unanimously4-0-1 (Biane absent). City Council Minutes July 5, 2000 Page H G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. I. COUNCIL BUSINESS No Items Submitted. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC K1. Edde Neidich, a volunteer for AARP, said he would bring information each month to different communities regarding age-related subjects. He distributed packets to the City Council that might be of interest to their constituents. K2. Mark Vurisek of Sunscape Condominiums on 19th Street elaborated regarding the condition of a unit previously addressed this evening by Janet Beech. He had photographs to view and said that this particular unit is pretty bad with extensive human waste and mold on the wails. Mayor Alexander stated that the Building Official, Public Health and Fire are aware of it and there is certainly the ability to help. He promised Mr. Vurisek that staff would follow up with him. Mayor Pro Tern Willjams asked Paula Pachon, Community Services Management Analyst II, for her recommendation regarding a human services resource contact that could assist this owner. Paula Pachon, CSD Management Analyst I1, said staff would look through the human services referral directories to provide information to Mr. Vurisek that he might be able to share with the homeowner. Larry Temple, Administrative Services Director, stated that the County offers Conservatorships to assist City agencies when they do an investigation to determine if a person can take care of their own welfare. Councilmember Dutton said as a property manager for thirty years, he is aware of that fact that the Condominium Association, as the governing board, has the ability to lien the unit for costs of clean up. City Council Minutes July 5, 2000 Page t2 L. ADJOURNMENT MOTION: Moved by Willtams, seconded by Dutton to adjourn. Motion carried unanimously 4-0-1 (Biane absent). The meeting adjourned at 8:10 p.m. Deputy City Clerk Approved: August 16, 2000