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HomeMy WebLinkAbout2003/01/15 - Minutes January 15, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL SPECIAL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a special closed session on Wednesday, Januadj 15, 2003, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor William J. Alexander. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM President Alexander announced the closed session item. B1. CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PER GOVERNMENT CODE SECTION 54956.9(a), TO DISCUSS EMINENT DOMAIN PROCEEDINGS; CITY OF RANCHO CUCAMONGA V INTEX PROPERTIES INLAND EMPIRE, L.P., ET AL, SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. RCV 058755. -CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:05 p.m. E. RECESS The closed session recessed at 5:48 p.m. with no action taken. City Council Minutes January 15, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 15, 2003, in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:16 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Jan Reynolds, RDA Analyst; James Frost, City Treasurer; James Frost, City Treasurer; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Michael Toy, Information Systems Specialist; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Brad Buller, City Planner; Larry Henderson, Principal Planner; Deborah Clark, Library Director; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst III; Dave Moore, Recreation Superintendent; Melissa Morales, Sr. Administrative Secretary; Captain Pete Ortiz, Rancho Cucamonga Police Department; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Duane Baker, Assistant to the City Manager; Michelle Dawson, Management Analyst III; Kimberly Thomas, Management Analyst II; Kathryn L. Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation to Congressman Joe Baca in appreciation of his leadership and friendship to the City of Rancho Cucamonga as our Congressman in the United States House of Representatives. Mayor Alexander presented the Proclamation to Congressman Baca thanking him for all he has done for Rancho Cucamonga. Congressman Baca stated it has been a pleasure serving the residents of Rancho Cucamonga. B2. Presentation of a Proclamation to Johnny Rojo, Manager of Home Town Buffet in Rancho Cucamonga, for continuous support of community services programs. Mayor Alexander presented the Proclamation to Johnny Rojo and was assisted by Bill Pallotto, Youth Recreation Supervisor. B3. Presentation to the City Council and staff by Gwyn Frost on behalf of Head Start recognizing their support of the "Spark of Love and "Adopt-a-Family" volunteer programs during the holiday season. Gwyn Frost and other Head Start staff presented certificates to the City thanking them for their support. B4. Presentation to the Mayor and City Council of the first City "Bikeway and Trails" pocket folded maps. Pamela Stewart and others from the Trails Advisory Committee, made the presentation of the maps to the Council. City Council Minutes January 15, 2003 Page 3 C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons stated he wanted to talk about Rex Gutierrez because he had made a threat against him in the past. He stated this had an impact on his family and his neighbors. He felt the District Attorney should prosecute him. Councilmember Gutierrez stated he contacted Chaffey High School and they are not checking I.D.'s as Mr. Lyons had previously stated. He apologized to him and hoped that these things could be put behind the City and they could move on. C2. Gwyn Frost stated she wanted to talk about Sweeten Hall on San Bernardino Road and Hellman. She indicated it was the first school in Rancho Cucamonga and told about it. She felt there was a lot of beautiful history in this building. C3. Ron Byers, 9979 Manzanita, stated there is a mountain lion attacking animals in his neighborhood. He stated people are afraid to let their children out after dark. He stated it was confirmed that two dogs were attacked by the mountain lion and felt there are probably others. It had also killed a pet on Carrari. He felt something should be done before it kills a human being. He indicated he was told by Department of Fish and Game that they cannot do anything until it attacks a human being. He asked for the City Council to do something to help them. C4. Dave and Pam Gurillo wanted to voice their concern over the illegal dumping being done on Etiwanda Avenue. He talked about an incident that had occurred over the Christmas holiday. He asked that the piles be removed. He talked about fining people that are leaving the debris and asked for increased Sheriff's Department patrol. He thanked Code Enforcement staff and also Captain Pete Ortiz for contacting him in the past. C5. Leslie Grimes felt politics is perception. She stated she questions every time she sees three Councilmembers together. She stated she wants to protect her neighborhood from the Colonies project. She stated she hopes that other cities care about their neighboring cities' concerns. She talked about the recent appointment of Dan Richard to the Fish and Game Commission, which made by Supervisor Paul Biane. She stated again this is perception. C6. Tom Marreck stated he lives in the mountain lion area and felt the Department of Fish and Game is not informing them properly. He talked about the attacks on his neighbors pet and did not feel the Department of Fish and Game are helping them. He asked the Council to help them and take this seriously. Councilmember Gutierrez stated they would be happy to get information from the Department of Fish and Game and bring back a report at the next Council meeting. Mayor Alexander stated the Council will not wait until someone gets killed and will take action. C7. Jim Frost showed a picture of County Service Area 50. He felt Rex Whitney's employment date should be when he started with CSA 50. He continued to talk about former employees that started with the City, i.e., Harry Empey and Beverly Authelet and atl of the work they did for the City. C8. Melanie Ingrain stated she was glad the City already has a CERT program. She stated she encouraged further noise testing of the freeway. She did not feel Upland cares and would not want a sound wall to block a proposed development. She felt Caltrans should expand their noise testing. She added the Recall Rancho effort was alive and wetl. City Council Minutes January 15, 2003 Page 4 Item I1 was discussed at this time. The minutes will remain in agenda order. D. CONSENT CALENDAR James Markman, City Attorney, there was a change in the law that effective January 1, 2003, anyone abstaining from a vote has to say why and leave the room while discussion is taking place and while the vote is taking place. He stated Agencymember Gutierrez will be abstaining from voting on warrants 191669 and 191899 to the Chambers of Commerce which is an advertiser in the newspaper he owned D1. Approval of Minutes: November 25, 2002 (Special Meeting) December 4, 2002 December 18, 2002 D2. Approval of Warrants, Register December 11, 2002, through January 7, 2003, and Payroll beginning December 6, 2002, through January 4, 2003, for the total amount of $7,622,381.91. D3. Approve to receive and file current Investment Schedule as of December 31, 2002. D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the East Avenue Street Improvements from Banyan Street to north of 23rd Street, to be funded from Acct. No. 11763035650/1446176-0. RESOLUTION NO. 03-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "EAST AVENUE STREET IMPROVEMENTS FROM BANYAN STREET TO NORTH OF 23RD STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the Fisher Drive Street Improvements from East Avenue to Mulberry Street, to be funded from previously deposited developer payment placed in Trust Acct. No. 18820002314. RESOLUTION NO. 03-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "FISHER DRIVE STREET IMPROVEMENTS FROM EAST AVENUE TO MULBERRY STREET" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D6. Approval to accept a donation of two (2) electric carts from the GEMCar Company. DT. Approval of a Free Angels-Quakes Youth Baseball Clinic at the Rancho Epicenter Stadium on January 25, 2003. D8. Approval of an appropriation in the amount of $6,000 to Acct. No. 11763035650/1448176-0 from the Measure I Fund balance to purchase Right-of-Way from County of San Bernardino, pay for County Flood Control District inspection fees and reproduction costs related to the Milliken Avenue/Wilson Avenue Extension Project, to be funded from Acct. No. 11763035650/144/176-0. City Council Minutes January 15, 2003 Page 5 D9. Approval of Change Order No. 1 to Kimley-Horn and Associates for the Design of Traffic Signal Interconnect System on Base Line Road from Benson Avenue to Etiwanda Avenue in an amount of $15,000, and approval of an appropriation of $15,000 to Acct. No. 1124-303-5650-1248124-0 from the Transportation Fund balance. D10. Approval of a four (4) month Time Extension to Designate Cherry Lane as a Private Street, thereby exempting the abutting properties from requirements set forth in Chapter 12.08 of the Municipal Code. RESOLUTION NO. 03-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, GRANTING AN ADDITIONAL FOUR (4) MONTHS TIME EXTENSION TO DESIGNATE CHERRY LANE A PRIVATE STREET, FOR COMPLIANCE OF THE CONDITIONS PER CITY COUNCIL RESOLUTION NO. 02-215, DATED JULY 17, 2002 D11. Approval of a request to summarily vacate excess street right-of-way along the east side of Charles Smith Avenue, south of San Marino Avenue and extending south of the cul-de-sac terminus of Charles Smith Avenue, V~189 -APN: 229-263-68 and 229-321-21. RESOLUTION NO. 03-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMQNGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF EXCESS RIGHT-OF-WAY ALONG THE EAST SIDE OF CHARLES SMITH AVE., SOUTH OF SAN MARINO AVE. AND EXTENDING SOUTH OF THE CUL-DE-SAC TERMINUS OF CHARLES SMITH AVENUE D12. Approval of Environmental Assessment and Tentative Tract SUBTT15724 - KB Home - A proposed Tentative Tract Map consisting of 1 lot for the development of 78 single-family detached condominiums and 1 lettered lot for ingress/egress, on 9.05 acres of land, within the Low-Medium Residential District (4-8 dwelling units per acre) of the Terra Vista Community Plan, located on the south side of Terra Vista Parkway between Milliken Avenue and Spruce Avenue. APN: 1077-831-32. Related file: Development Review DRC2001-00381. RESOLUTION NO. 03-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT SUBTT15724, A RESIDENTIAL SUBDIVISION OF 9.05 ACRES OF LAND INTO 1 LOT FOR CONDOMINIUM PURPOSES, AND 1 LETTERED LOT FOR INGRESS/EGRESS, IN THE LOW- MEDIUM RESIDENTIAL DISTRICT (4~8 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN .THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKWAY EAST OF COYOTE CANYON PARK, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1077-831-32 City Council Minutes January 15,2003 Page 6 D13. Approval of Environmental Assessment and Development Review DRC2001-00381 - KB Home - The review of detailed site plan and building elevations for Tentative Tract Map SUBTT15724, consisting of 78 single-family detached condominium dwellings on 9.05 acres of land in the Low-Medium Residential District (4-8 dwelling units per acre) of the Terra Vista Community Plan with an actual project density of 8.6 dwelling units per acre, located on the south side of Terra Vista Parkway between Milliken Avenue and Spruce Avenue - APN: 1077-831-32. Related file: Tentative Tract 15724 RESOLUTION NO. 03-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2001-00381, THE DESIGN REVIEW FOR TENTATIVE TRACT MAP SUBTT15724, IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), WITH DEVELOPMENT PROPOSED IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARK'~VAY EAST OF COYOTE CANYON PARK, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1077-831-32 D14. Approval for authorization to allow Verizon Wireless to perform on-site testing at the Epicenter for the purpose of reviewing the suitability of the property to install a wireless monopalm communication tower. D15. Approval of Improvement Agreement and Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District for DR 00-60, located on the east side of Amethyst Street between LaGrande Street and Lomita Drive, submitted by Northtown Housing Corporation. RESOLUTION NO. 03-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-60 RESOLUTION NO. 03-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR DR 00-60 D16. Approval of Improvement Agreement, Improvement Securities and ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRCDR00-79, located at the southwest corner of Foothill Boulevard and Haven Avenue, submitted by Burnett Development Corporation. RESOLUTION NO. 03-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR DRCDR00-79 City Council Minutes January15,2003 Page 7 RESOLUTION NO. 03-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3B AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR DRCDR00-79 D17. Approval to release Improvement Agreement and Improvement Securities (future bus bay installation on 6th Street) for DR 00-31, located at the northwest corner of Milliken Avenue and 6th Street, submitted by JPI Lifestyle Apartment Communities. RESOLUTION NO. 03-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES (FUTURE BUS BAY INSTALLATION ON 6~'H STREET) FOR DR 00-31 D18. Approval to accept construction of the Church Street Right Turn Lane from Haven Avenue to 500' west, Contract No. 02-024 as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $50,042.52. RESOLUTION NO. 03-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CHURCH STREET RIGHT TURN LANE FROM HAVEN AVENUE TO 500' WEST, CONTRACT NO. 02-024, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D19. Approval to accept the Etiwanda Avenue Grade Crossing Improvements at the BNSF and SCRRA Railroad Crossings, Contract No. 02-067, as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approval the final contract amount of $254,868.28. RESOLUTION NO. 03-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ETIWANDA AVENUE GRADE CROSSING IMPROVEMENTS AT THE BNSF AND SCRRA RAILROAD CROSSINGS, CONTRACT NO. 02- 067, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Kurth, seconded by Howdyshell to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of the warrants as identified above. Motion carried 4-0-1 (Williams not present for vote). Councilmember Williams returned at 10:15 p.m. Agencymember Gutierrez left the room for the next vote. City Council Minutes January 15, 2003 Page 8 MOTION: Moved by Howdyshell, seconded by Kurth to approve warrants 191669 and 191899. Motion carried 4-0-0-1 (Gutierrez abstained). F. CONSENT ORDINANCES El. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET Debra J. Adams, City Clerk, read the title of Ordinance No. 695. ORDINANCE NO. 695 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 9.26 OF TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PROHIBITING THE SOLICITATION OF EMPLOYMENT OR BUSINESS WHILE IN OR ON A PUBLIC STREET MOTION: Moved by Kurth, seconded by Gutierrez to waive full reading and approve Ordinance No. 695. Motion carried unanimously 5-0. F. ADVERTISED PUBLIC HEARINGS Fl. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2002-00875 - CITY OF RANCHO CUCAMONGA - A request to add Mixed Use Public Storage as a conditionally permitted use within the Regional Related Commercial District, Subarea 4, of Development Code Chapter 17.32 (Foothill Boulevard Districts). Staff report presented by Allen Warren, Associate Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 697. ORDINANCE NO. 697 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2002-00875 TO ADD MIXED USE PUBLIC STORAGE AS A CONDITIONALLY PERMITTED USE WITHIN THE REGIONAL RELATED COMMERCIAL DESIGNATION OF THE FOOTHILL BOULEVARD DISTRICTS SUBAREA 4, AS LISTED IN THE DEVELOPMENT CODE CHAPTER 17.32, AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes January 15, 2003 Page 9 MOTION: Moved by Gutierrez, seconded by Kurth to waive full reading and set second reading of ordinance No. 697 for the February 5, 2003 meeting. Motion carried unanimously 5-0. F2. ENVIRONMENTAL ASSESSMENT AND TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533 - KB HOME OF GREATER LOS ANGELES AND LEWIS OPERATING CORPORATION - A proposed amendment to the Terra Vista Community Plan to 1 ) realign the Trail Type D between Malaga Drive and West Greenway Corridor to a Trail Type E along Terra Vista Parkway and Church Street, and 2) change the land use designation from Elementary School (E) to Low-Medium Residential for a 9-acre parcel, located on the south side of Terra Vista Parkway east of Coyote Canyon Park. Related files: Tentative Tract Maps SUBTT15724 and SUBTT16157. Staff report presented by Debra Meier, Contract Planner. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Jerry Cockoroft, KB Homes, stated they have worked with staff and agree with all of the findings associated with this project. He felt the project is consistent with the uses around it. Chris Kriner, Lewis Operating Corporation, congratulated staff and felt this was a good project. Councilmember Kurth inquired if the modification of the trail changed the aesthetics of the project. Mr. Kriner stated there will be more landscape installed due to the moving of the trail. Dave Stuckey, 11098 Clover Dale Court, did not feel the developer should be able to change a planned community whenever they want to. He did not agree with this plan and felt all KB Homes wants to do is make a greater profit margin. He asked that the Council make a decision that was fair to everyone. Mayor Alexander asked if there are alley systems. Debra Meier, Contract Planner, stated in the true sense there would not be. She stated they are private streets and showed a plan and explained how it would be laid out. She also referred to the staff report that includes a list of the amenities. Councilmember Williams asked the selling price of these homes. Jerry Cockoroft, KB Homes, stated between $200,000 and $250,000. He stated the homeowner's association fee is approximately $100 per month. Councilmember Gutierrez thought "0" lot line was something the Planning Commission was against. Mayor Alexander commented on the "0" lot line design and felt it was a terrible idea. He didn't know why the Planning Commission approved this. Brad Bullet, City Planner, stated Terra Vista is a planned community that has a whole wide range of housing types. He stated it is defined in this plan to provide for "0" lot line development to be used. He stated they had left the market p~aca for awhile, but now are starting to come back. He felt the association can help with some of the issues pertaining to the "0" lot line. Mr. Cockoroft stated the homeowner's association will assist with these issues that they are very involved with these matters. He stated that Euclid Management will be doing this for this project. City Council Minutes January 15, 2003 Page 10 Councilmember Gutierrez stated Terra Vista is a very unique development. He stated he sympathizes with the people that like more of a single family development. He stated he was surprised about the "0" lot line. Mayor Alexander inquired about the availability of parking. Brad Buller, City Planner, stated typically in a Terra Vista project, they exceed the City's codes in garage space and extra parking for visitors as well. Mr. Stuckey felt less than 50% of people use their garage for storing vehicles. Councilmember Williams felt the homeowner's association will help with the parking situation. There being no further response, the public hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 698. ORDINANCE NO. 698 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRC2002-00533, A REQUEST TO REALIGN THE TRAIL TYPE D BETWEEN MALAGA DRIVE AND WEST GREENWAY CORRIDOR, TO A TRAIL TYPE E ALONG TERRA VISTA PARK~NAY AND CHURCH STREET; AND TO CHANGE THE LAND USE DESIGNATION FROM ELEMENTARY SCHOOL (E) TO LOW-MEDIUM RESIDENTIAL (LM) FOR A 9.05- ACRE SITE LOCATED ON THE SOUTH SIDE OF TERRA VISTA PARKVVAY EAST OF COYOTE CANYON PARK, WITHIN THE TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Kurth, seconded by Williams to waive full reading and set second reading of Ordinance No. 698 for the February 5, 2003 meeting. Motion carried unanimously 5-0. G. PUBLIC HEARINGS No Items Submitted. H. CITY MANAGER'S STAFF REPORTS No Items Submitted. I. COUNCIL BUSINESS I1. REPORT ON ROUTE 30 FREEWAY NOISE City Council Minutes January 15, 2003 Page 11 Staff report was presented by Joe O'Neil, City Engineer. He stated Caltrans has agreed to another noise study along the freeway corridor. He stated staff will work with them to figure out the extend of the problem. He stated it will start around the first of February and the City should have results around the first of April. He stated it would include the north side of the freeway between Hermosa west of Beryl, Lemon east of Haven and Etiwanda to the 115 Freeway. On the south side of the freeway, it would include Milliken to Rochester. He stated all comments will be taken into consideration when completing this study. He stated Caltrans will be assisting with this study. He suggested the report be brought back to the Route 30 Task Force once it is completed and that once they have reviewed it, it come back to the Council at that time. Mayor Alexander stated he would open this item up for discussion at both the Route 30 Task Force meeting and the City Council meeting. Councilmember Williams suggested that a workshop be set to discuss this and felt maps should be displayed of the freeway corridor. Councilmember Howdyshell asked when will there be some mitigation if the results are what we think they will be. Joe O'Neil, City Engineer, stated it depends on the mitigation. Mayor Alexander opened the meeting for public input. Addressing the City Council were: David Burchfield, 9801 Caldera, stated the area of concern is Highland along Hermosa to Beryl. He suggested the linear park issue be pushed forward. He felt segment 3 should have a sound wall. He gave a power point presentation to explain his position. Ray and Terri Harton, 6573 Vianza, stated she is concerned about her kids' safety at the school bus stop. She felt a sound wall will help the safety of the children from those coming off of the freeway. Paul Capitelli, Day Creek and Etiwanda area, stated he has a petition he would like to submit to the City Engineer. He stated there is no sound wall in his area and asked that this be studied. He asked for the Council to help them. Sandra Walked, Antler Peak Court - north side of the freeway, stated they have a sound wall but that it is not helping. She stated there are two walls in this area and wonders who will clean the weeds around them. She stated there are two doors for the sound wall and wonders why they are there. She stated the freeway keeps getting louder and louder as more people travel it. George Simmons, Carriage Estates, stated there is debris that is not getting cleaned up along the Day Creek on and off ramp. He did not feel people should have to look at the freeway, see the lights or hear the noise. A man, did not give his name, stated from Beryl to Hellman there is a five foot fence and that he is concerned about the safety of the kids. Thomas Wilson, Citation Homes, felt the freeway was dangerous from Woodruff to Day Creek. He felt something should be done about this. He stated he would like truck traffic restricted north of Foothill. Joel Ferris, 6418 Cambridge, stated he liked the idea of a workshop. He stated he is concerned about Caltrans doing anything on the study. He suggested maybe the City should do its on study. He wondered why one side of the freeway has a sound wall and the other side does not. City Council Minutes January 15, 2003 Page 12 Mayor Alexander stated all of these questions will be answered. Mr. Ferris felt the workshop should occur before the study starts. Paul Jacobson, 6542 Autumn Glenn, stated his neighbors want the sound wall up on the freeway where it belongs. He felt the people have waited long enough. Joe Aguilar, 11651 Brandisi Court, felt the Council should make the commitment to get the money in place to have the sound walls built. Mark Bridgeford, 6659 Fresno - south side of the freeway near 19th Street, stated they have a sound wall and that they still hear the freeway noise. He stated they would like to have the noise checked out even though they already have a sound wall. George Gastro, 6525 DeAnza Place, stated he is not sleeping at night because of the freeway noise. He felt he could not sell his house because of the freeway. He stated he is not getting any assistance from the builder on problems he is having with this house. Bob Emery, 9220 Highland, stated all he has now is a chain link fence stating the freeway is still noisy and dirty in his area. Dora Mangold, 9170 Highland, stated she would like the City to help get the sound wall built. She stated they do not want to wait until April and wanted it done now. John Carlton, 9235 Cottonwood - between Hellman and Beryl, stated the freeway noise is deafening. He suggested that all of the people each pay $30/foot for. a wall. He stated they need something done. Steve Desephano, 10838 Sonora, stated he went out and replaced all of his windows, but that he still hears the freeway noise loud and clear. He stated he is now ready to put a waterfall in his yard to get rid of the freeway noise. Sara Chisum, 6432 Klusman, stated even though the freeway helps her commute, she hates the noise. Kenny Harper, 10979 Marbella - east of Haven, north of the freeway, stated the noise is very bad on his street and in his area. He stated he wants to sell his home because of this problem. He hoped that the City and Caltrans will help them. Royce Hacker, 9210 Old Ranch Road, asked why the access gates at the top of the freeway can't stay locked. He stated the wind blows them open. Leslie Grimes stated some of her neighbors have a dirt berm and that it is not helping. She stated she is afraid all of the dirt might get washed away if it rains very much. She felt the storm drain in her area allows the noise to travel upward. She hopes that the Campus area will also be looked at. She felt the City should keep the 2 ~ acres instead of letting Upland have it in case we need to create a buffer. Shawn Henderson, 11633 Traviso, felt the freeway has no design element. Brenda Lewsky, between Rochester and Milliken, stated the longer the freeway is open the more noise it will create. She stated truckers are honking their horns at 3:00 a.m. and that this is disturbing them. She stated she cannot open her windows for fresh air and will have to run her air conditioning system more this summer and that will be costly to her. City Council Minutes January 15, 2003 Page 13 Steven Keel, Caltrans Rep, stated they have heard a lot of issues tonight and are glad to hear people's views. He stated they would like to show people how they do sound readings through a workshop so the people are informed. He stated they will look into the unlocked access gate issue. He stated they are currently designing the landscaping and that it will be in place in a couple of years. He stated they want to educate people and assist the City. Councilmember Kurth asked if there is anything that can be done to assist people now instead of making them wait. He stated he can't imagine how this is for some of these people. He hoped the results of the study could be done sooner than April. Mayor Alexander suggested the workshop be done through the Route 30 Task Force and that this could be televised on Channel 3 so everyone could see it. He felt the construction problems brought up should be looked at by the City. Councilmember Gutierrez stated he put this on the agenda because there are so many people impacted. He felt this Council wants to do something about this. He felt this was a beginning. He wanted to try to help the quality of life for everyone. Brad Guth, 6524 Autumn Glenn, felt sound studies are great, but wanted to have the Council come to his home to hear the noise. He stated the freeway is very loud and that he can't enjoy his patio. Tony Luca stated sometimes you can't take the sound readings if there is wind or rain and that this might delay things. Councilmember Williams asked if the City can check to see what insulation and windows are being put in the homes and if these are really acceptable. She felt possibly something better should be required to be put in. Brad Bullet, City Planner, stated the Building Official would be the one to address these issues and that he would work with him to be sure the proper materials are being installed in the new homes. Councilmember Williams felt possibly the City should require something better than what is currently approved for installation in the new homes. A recess was taken at 10:02 p.m. The meeting was called back to order at 10:14 p.m. with all Councilmembers present (Williams returned at 10:15 p.m.) 12. CONSIDERATION Of BATTERY BACK-UP POWER At CITY TRAFFIC SIGNALS Staff report presented by Joe O'Neil, City Engineer. Councilmember Gutierrez felt there should be something in the Grapevine telling people what they should do if a signal light goes out. Councilmember Williams suggested something go on Channel 3 also so that people are aware what to do if there is a flashing light. Councilmember Kurth asked if there was anything else the City can do to reduce the liability. James Markman, City Attorney, felt the City was already taking the right approach. City Council Minutes January 15, 2003 Page 14 ACTION: Report received and filed. 13. PRESENTATION AND REQUEST FOR SUPPORT FOR THE CENTRAL SCHOOL DISTRICT GENERAL OBLIGATION BOND MEASURE ON THE MARCH 2003 BALLOT (Oral) A power point presentation was given by Francisco Oaxaca. Mayor Alexander felt this presentation should be shown on television several times. Councilmember Williams asked what the cost would be to each resident. Mr. Oaxaca stated it is $108 per year. MOTION: Moved by Gutierrez, seconded by Kurth to suppod the measure for Central School District. Motion carried unanimously 5-0. 14. LEGISLATIVE UPDATE (Oral) Councilmember Williams stated last Tuesday she, Councilmember Howdyshell and City Manager Jack Lam met with Assemblyman Dutton and Senator Brulte asking them to fight for City's to keep their revenues. She continued to talk about the possible revenues the State could take away from cities. She stated she would like a way to get information out to the citizens about this and to discuss it at the next meeting. 15. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams brought up the mountain lion problem that a report should come back for the next meeting. J2. Councilmember Gutierrez asked if Planning Department could give a report on the City's tree policy and how they are approved and preserved. J3. Councilmember Williams stated a report should come back on the illegal dumping on Etiwanda. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. City Council Minutes January 15, 2003 Page 15 L. ADJOURNMENT MOTION: Moved by Williams, seconded by Gutierrez to adjourn. Motion carried unanimously 5~0. The meeting adjourned at 11:28 p.m. City Clerk Approved: February 5, 2003