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HomeMy WebLinkAbout2021-08-24 - AGENDA REPORTS - REGULAR MTG MIN (2)O Hereinafter the titles Mayor, Mayor Pro Tem, Councilmember, City Manager City Attorney, and City Clerk may be used also to indicate Mayor/Chair/President, Mayor Pro Tem/Vice-Chair/Vice President, City Manager/Executive Director, City Attorney/Counsel, and City Clerk/Secretary Tuesday, July 13, 2021 INVOCATION -Minutes- 6:00 PM City Council Chambers Councilmember McLean delivered the invocation and recognized local Cub Scout Pack 494 for placing more than 400 flags throughout Santa Clarita, as well as local teens Brandon Park, Jagger Nelson, Andy Chaidez, Reid Twitchell, Brody Twitchell, Brian Gonzalez, and Brandon Han who created a concrete base to replace the flag taken from atop a peak in Stevenson Ranch. CALL TO ORDER Mayor Miranda called to order the Joint Regular meeting of the City Council and Board of Library Trustees at 6:31 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Cub Scout Pack 494 led the flag salute. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting. APPROVAL OF AGENDA Motion by Weste, second by Smyth, to approve the agenda, pulling item 9 for Councilmember comment and items 4, 5, 6, 7, 8, 9, 10, 12, and 14 for public comments. Hearing no objections, it was so ordered. Packet Pg. 9 O RESULT: APPROVED AGENDA AWARDS AND RECOGNITIONS Councilmember McLean recognized Adele Macpherson, who works with non -profits and community services in Santa Clarita, presented Ms. Macpherson with a key to the City, and invited her Zonta sisters to join them at the dais for a photo. Mayor Miranda announced that the City's Public Works Department received the American Public Works Association, Southern California Chapter's, Project of the Year recognition as well as the High Desert Branch's Innovative Design award for their work on the inclusive play area at Canyon Country Park. The Mayor invited members of the Public Works department to the dais to receive the recognition and for a photo. PUBLIC PARTICIPATION Addressing the Council regarding a flag at the 4th of July car parade were Carole Lutness, Alan Ferdman, Valerie Bradford representing NAACP Santa Clarita, Barbara White, Sharlene Duzick, C Denise Lite, and Ron Jones; Elaine Ballace regarding the first annual Santa Clarita International U Film Festival; Lynne Plambeck, representing Santa Clarita Organization for Planning and the 2 Environment, regarding hybrid public meetings; and Steve Petzold regarding hybrid public Q meetings and the Human Relations Roundtable. STAFF COMMENTS City Manager Ken Striplin made no comments. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Gibbs clarified his participation in, and response to, the 4th of July car parade; explained his position on the triple threat flag and not allowing outliers to define an event designed to celebrate the country; and thanked those who spoke tonight regarding the situation. Mayor Pro Tem Weste discussed Castaic Lake Animal Shelter and the pet adoption process; spoke of the Bouquet Canyon Creek protected area that has endangered species and the Bouquet dam; commented on past dam failures and the danger to Camps Scott and Scudder; and encouraged the review of all hazards. Councilmember Smyth commented on looking forward to the parade committee reactivating the annual Santa Clarita parade; commented that the triple threat flag is offensive to him, but the offense was caused by the individual, not elected officials. Councilmember McLean thanked Councilmember Gibbs for his discussion of the 4th of July matter; commented on her testimony at the Los Angeles County Board of Supervisors board meeting where she stated that the City supports youth rehabilitation efforts, however, Camps Scudder and Scott are not appropriate for violent offenders ages 18 to 25 years old, and invited all to call in for the next board meeting; requested staff look into hybrid meetings; and announced that the next free Household Hazardous Waste and E-Waste Round -Up Event will be held on July 31 at the Via Princessa Metrolink Station parking lot. Page 2 Packet Pg. 10 O Councilmember Gibbs announced that the Legends FC Santa Clarita Valley Girls soccer team will be in Sarasota, Florida, to compete in the national championships; and congratulated 15- year-old Kylie Munson for recently graduating from University of California, Irvine, with a bachelor of science degree in biological sciences and continuing her education by studying for the MCAT to apply for medical schools. Mayor Miranda spoke of the passing of Dora Zavala and requested to adjourn the next regular meeting in her memory; commented on the opening of the Mark Gates trail and Mr. Gates' impact to the community; announced an upcoming Santa Clarita Soundtraac family music festival on August 7 and 8 at Central Park; spoke of attending the July 3 Concerts in the Park where there were 7,000 people in attendance; spoke of condemning any acts of racism or abuse; and commented that he will not apologize for the Human Relations Roundtable. CONSENT CALENDAR RESULT: APPROVED [UNANIMOUS] MOVER: Laurene Weste, Mayor Pro Tern SECONDER: Cameron Smyth, Councilmember AYES: Miranda, Weste, Gibbs, McLean, Smyth ITEM 1 APPROVAL OF SPECIAL MEETING MINUTES — The minutes are submitted for approval. RECOMMENDED ACTION: City Council approve the minutes of the June 22, 2021, Special Meeting. ITEM 2 APPROVAL OF REGULAR MEETING MINUTES — The minutes are submitted for approval RECOMMENDED ACTION: City Council approve the minutes of the June 22, 2021, Regular Meeting. ITEM 3 CHECK REGISTER NO. 13 Check Register No. 13 for the Period 05/21/21 through 06/03/21 and 06/10/21. Electronic Funds Transfers for the Period 05/24/21 through 06/04/21. RECOMMENDED ACTION: City Council approve and ratify for payment the demands presented in Check Register No. 13. ITEM 4 STATE LEGISLATION: SENATE BILL 12 Authored by Senator Mike McGuire (D-2-North Coast), Senate Bill 12 preempts certain local land use authority within Very High Fire Hazard Severity Zones. RECOMMENDED ACTION: City Council oppose Senate Bill 12 (McGuire) and transmit position statements to Senator McGuire, Santa Clarita's state legislative delegation, appropriate legislative committees, Page 3 Packet Pg. 11 O Governor Newsom, League of California Cities, and other stakeholder organizations. Addressing the Council on this item was Elaine Ballace. Councilmember Smyth explained the legislative process, the Legislative Committee, and subsequent actions. City Manager Ken Striplin stated that due to the large agenda ahead, Legislative Analyst Masis Hagobian can go over each legislative item with Ms. Ballace. ITEM 5 STATE LEGISLATION: SENATE BILL 262 Authored by Senator Bob Hertzberg (D-18-Van Nuys), Senate Bill 262 waives monetary bail for all misdemeanors and specific felonies, as outlined in the legislation. RECOMMENDED ACTION: u City Council adopt the City Council Legislative Committee recommendation to oppose Senate U Bill 262 (Hertzberg) and transmit position statements to Senator Hertzberg, Santa Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, League of U) California Cities, and other stakeholder organizations. U Addressing the Council on this item was Elaine Ballace. Councilmember Smyth commented that the bill has not been passed yet. ITEM 6 STATE LEGISLATION: SENATE BILL 619 75 Authored by Senator John Laird (D-17-Santa Cruz), Senate Bill 619 delays the ability for the - California Department of Resources Recycling and Recovery (CalRecycle) to impose a penalty U) on a local government, related to recently adopted organic waste regulations, until January 1, 2023. RECOMMENDED ACTION: ai City Council adopt the City Council Legislative Committee recommendation to support Senate c� Bill 619 (Laird) and transmit position statements to Senator Laird, Santa Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, League of California Cities, and other stakeholder organizations. Addressing the Council on this item was Elaine Ballace. Councilmember Smyth commented that the bill would delay CalRecycle's ability to levy fines against cities. Page 4 Packet Pg. 12 O ITEM 7 STATE LEGISLATION: SENATE BILL 679 Authored by Senator Sydney Kamlager (D-30-Los Angeles), Senate Bill 679 establishes a 19- member governing board and authorizes the governing board to, among other things, raise and allocate new revenue through a special tax, subject to voter approval, including a parcel tax, business license tax, or documentary transfer tax to fund affordable housing projects and initiatives. RECOMMENDED ACTION: City Council adopt the City Council Legislative Committee recommendation to oppose Senate Bill 679 (Kamlager) and transmit position statements to Senator Kamlager, Santa Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, League of California Cities, and other stakeholder organizations. Addressing the Council on this item was Elaine Ballace. Councilmember Smyth responded on the Legislative Committee's concerns of SB 679. ITEM 8 STATE LEGISLATION: SENATE BILL 778 Authored by Senator Josh Becker (D-13-San Mateo), Senate Bill 778 requires local governments to ministerially approve, within 60 days, the conversion of any commercial space, industrial space, retail space, or other vacant space within an existing mixed -use structure or multi -family residential structure to an accessory dwelling unit. RECOMMENDED ACTION: City Council adopt the City Council Legislative Committee recommendation to oppose Senate Bill 778 (Becker) and transmit position statements to Senator Becker, Santa Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, League of California Cities, and other stakeholder organizations. Addressing the Council on this item was Elaine Ballace. One written comment was received in support of the recommended action. ITEM 9 FEDERAL LEGISLATION: S. 1769 Authored by U.S. Senator Dianne Feinstein (D-CA), S. 1769, also known as the Rim of the Valley Corridor Preservation Act, proposes to expand the Santa Monica Mountains National Recreation Area (SMIVVNRA) to include the proposed Rim of the Valley Unit. RECOMMENDED ACTION: City Council adopt the City Council Legislative Committee recommendation to support S. 1769 (Feinstein) and transmit position statements to Senator Dianne Feinstein, Santa Clarita's federal legislative delegation, members of applicable congressional committees, other Members of Congress, administration officials, and interested organizations, as appropriate. Page 5 Packet Pg. 13 O Mayor Pro Tern Weste thanked Congressman Schiff, Congressman Garcia, and United States Senator Feinstein for their work on the Rim of the Valley legislation that will benefit all in the community; and remarked that the process to pass this legislation began 25 years ago. One written comment was received in opposition to the recommended action. ITEM 10 LOS ANGELES COUNTY AND CALIFORNIA REDISTRICTING COMMISSIONS Following the release of the Federal Decennial Census data, independent state and Los Angeles County Redistricting commissions must redraw the boundaries of the Congressional, State Senate, State Assembly, State Board of Equalization, and Los Angeles County Supervisorial Districts. RECOMMENDED ACTION: City Council approve the recommendation of the City Council Legislative Committee to submit the following recommendations to the California Citizens Redistricting Commission and Los Angeles County Citizens Redistricting Commission: A. City of Santa Clarita be placed within only one Congressional, State Senate, State Assembly, County Supervisorial District, and Board of Equalization district and not divided among two or more districts. B. Santa Clarita Valley be placed within only one Congressional, State Senate, State Assembly, County Supervisorial District, and Board of Equalization district and not divided among two or more districts. C. City of Santa Clarita and Santa Clarita Valley be placed within compact districts, which should include other communities of north Los Angeles County, including the Antelope Valley, and northwest communities of the San Fernando Valley. Addressing the Council on this item was Elaine Ballace. Councilmember Smyth responded regarding the dilution of influence with multiple representatives. Mayor Pro Tern Weste commented that the Rim of the Valley legislation would not have been accomplished without solidification; Councilmember McLean commented on split districts and the representation of the City. ITEM 11 APPROPRIATE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) GRANT FUNDS AND AMEND THE MV TRANSPORTATION CONTRACT Appropriate Low Carbon Transit Operations Program grant funds and amend the MV Transportation contract to include the operation of the City's expanded Go Santa Clarita! on - demand service. RECOMMENDED ACTION: City Council: Page 6 Packet Pg. 14 O Appropriate $326,853 in Low Carbon Transit Operations Program grant funds to local bus services expenditure account number 12400-5161.016 for Fiscal Year 2021-22. 2. Amend the contract between the City of Santa Clarita and MV Transportation to increase the not -to -exceed contract amount by $429,202 for the provision of on -demand micro transit service, and authorize the City Manager or designee to execute amendments to the agreement, subject to City Attorney Approval. ITEM 12 LANDSCAPE AND LIGHTING DISTRICT ANNEXATION 2021-1 RESOLUTION OF INTENT Approve an Engineer's Report commencing ballot proceedings for the purpose of annexing specific parcels throughout the City, including the Bouquet Canyon Development Project, into Streetlight Maintenance District, Zone B, and; schedule a Public Hearing for September 14, 2021. RECOMMENDED ACTION: 0 City Council: U 1. Adopt a resolution to approve the Engineer's Report declaring its intention to annex parcels into the Santa Clarita Streetlight Maintenance District, Zone B. W 2. Set a public hearing for September 14, 2021, at a time and place to hear comments on this proposed action, and close the time period to receive ballots. Addressing the Council on this item was Alan Ferdman, representing the Canyon Country Advisory Committee. At the request of the Mayor, City Manager Ken Striplin confirmed that Zone A is not being annexed into Zone B. Adopted Resolution No. 21-47 ITEM 13 RESOLUTION AUTHORIZING PARTICIPATION IN THE PROPOSITION 68 PER CAPITA GRANT PROGRAM The City of Santa Clarita is eligible to receive $177,952 in one-time funding through the Proposition 68 Per Capita Grant Program, for local park rehabilitation, creation, and/or improvement. RECOMMENDED ACTION: City Council adopt a resolution allowing the City Manager or designee to submit an application(s) for the Proposition 68 Per Capita Grant Program. Adopted Resolution No. 21-48 Page 7 Packet Pg. 15 O ITEM 14 APPROVAL OF FINAL TRACT MAP, ACCEPTANCE OF OFFERS OF DEDICATION, REJECTION OF IRREVOCABLE OFFER OF DEDICATION AND ABANDONMENT OF EASEMENTS FOR TRACT NO. 60922-03 (SKYLINE RANCH) Pursuant to Section 66474.1 of the Subdivision Map Act, approve final tract map, accept and reject offers of dedication, and abandon existing easements for Tract No. 60922-03. This map is for subdivision purposes and is located in Skyline Ranch southeast of Stratus Street. RECOMMENDED ACTION: City Council: 1. Approve the Final Tract Map for Tract No. 60922-03 2. Accept the following on behalf of the public: (1) the offer of dedication and grant of easements for public use and road purposes; (2) the right to restrict or prohibit direct vehicular ingress and egress to Stratus Street; (3) the easements for covered storm drain appurtenant structures and ingress and egress purposes; (4) the easements for sanitary sewer 0 and sanitary sewer ingress and egress purposes; (5) all sanitary sewers and appurtenant a structures; (6) the easement for sight distance purposes; and (7) the right to restrict or U prohibit any and all allowable uses within areas designated as open space. 3. Reject the irrevocable offer of dedication and grant in fee simple all of Lots 106 and 107 for flood control purposes. N 4. Authorize the City Manager or designee to rescind the rejection and accept the offer of dedication and grant in fee simple all of Lots 106 and 107 when construction improvements are completed to the satisfaction of the Director of Public Works. 5. Abandon the existing airspace easements for visibility purposes as shown on recorded Tract No. 60922-01. 6. Authorize the City Manager or designee to rescind the rejection and accept the offers of dedication and grant in fee simple all of Lots 295, 296, 297, 298, and 299 shown on Tract No. 60922-02 and all of Lot 261 shown on Tract No. 60922-04 when construction improvements are completed to the satisfaction of the Director of Public Works. 7. Make findings as follows: this project is consistent with the provisions of Sections 66474 and 66474.1 of the Subdivision Map Act and should be approved. 8. Instruct the Director of Administrative Services to endorse the Special Assessment Statement on the face of the Final Tract Map for Tract No. 60922-03, which indicates all special assessments levied by the City of Santa Clarita are paid. 9. Instruct the City Clerk to endorse the City Clerk's Statement on the face of the Final Tract Map for Tract No. 60922-03, which embodies the approval of said map, the acceptance of the dedications shown thereon, the rejection of the irrevocable offer of dedication shown thereon, and the abandonment of the easements described thereon. Page 8 Packet Pg. 16 O 10. Instruct the City Surveyor to endorse the City Surveyor's Statement on the face of the Final Tract Map for Tract No. 60922-03, which provides for verification that the map is technically correct. 11. Instruct the City Engineer to endorse the City Engineer's Statement on the face of the Final Tract Map for Tract No. 60922-03, which provides for verification of substantial conformance with the Tentative Tract Map and all provisions of local ordinances and state laws applicable at the time of approval. ITEM 15 MCBEAN PARKWAY/ NEWHALL RANCH ROAD BRIDGES ENVIRONMENTAL MITIGATION, PROJECT R1005 - AWARD TREE MITIGATION MAINTENANCE CONTRACT Award a four-year maintenance contract to monitor tree growth performance and health, control non-native plants, and complete annual reporting to the regulatory agencies as required. RECOMMENDED ACTION: City Council: Award a maintenance contract to HELIX Environmental Planning, Inc., for the McBean Parkway/Newhall Ranch Road Bridges Environmental Mitigation, Project R1005 in the amount of $169,913 and authorize a contingency in the amount of $16,991, for a total contract amount not to exceed $186,904. 2. Authorize the continuation of $1,161,987 previously appropriated to the McBean Parkway/Newhall Ranch Road Bridges Environmental Mitigation, Project R1005 from Fiscal Year 2020-21 to Fiscal Year 2021-22 in the expenditure accounts as follows: $695,875 from the Miscellaneous Federal Grant Fund (Fund 229) to expenditure account R1005229- 5161.001, $448,000 from the Valencia Bridge & Thoroughfare Fund (Fund 303) to expenditure account R1005303-5161.001, and $18,112 from the General Fund - Capital (Fund 601) to expenditure account R1005601-5161.001. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 16 WEST CREEK PARK INCLUSIVE PLAY AREA, PROJECT P4023 - AWARD DESIGN - BUILD CONTRACT This project will design and construct the City's second inclusive play area at West Creek Park, offering inclusive play elements and design principles for people of all ages and abilities. RECOMMENDED ACTION: City Council: 1. Award a design -build contract to Landscape Structures, Inc., to design and build an inclusive Page 9 Packet Pg. 17 O play area at West Creek Park in the amount of $950,000 and authorize a contingency in the amount of $50,000, for a total contract amount not to exceed $1,000,000. 2. Authorize the continuation of $1,023,789 in Community Development Block Grant (CDBG) funds (Fund 203) previously appropriated to the West Creek Park Inclusive Play Area, Project P4023 expenditure account P4023203-5161.001 from Fiscal Year 2020-21 to Fiscal Year 2021-22. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 17 LOCAL ROADWAY SAFETY PLAN, PROJECT C0063 - APPROVE CONTRACT AMENDMENT This item amends the existing contract to authorize an expenditure authority increase to expand the scope of work related to the Local Roadway Safety Plan. RECOMMENDED ACTION: City Council: 1. Amend the existing contract with Kimley-Horn and Associates, Inc., to increase the scope of the Local Roadway Safety Plan, Project C0063 and authorize an expenditure authority increase in the amount of $49,783, for a total contract amount not to exceed $129,476. 2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 18 APPROVE THE USE OF A "PIGGYBACK" CONTRACT FOR FLEET FUELING CARD SERVICE The Voyager Fleet Card Program provides fleet fueling services for City of Santa Clarita fleet vehicles. Approval of a "piggyback" contract will renew the City's contract with U.S. Bank Corporate Payment Systems. RECOMMENDED ACTION: City Council: Approve the use of a "piggyback" contract with U.S. Bank Corporate Payment Systems using Sourcewell cooperative purchasing contract 9080620-USB in an amount not to exceed $422,000; and authorize a contingency of $42,200, for a total amount not to exceed $464,200 annually. 2. Authorize the City Manager or designee to execute up to three additional one-year renewal options, not to exceed the combined annual base contract and contingency amount of $464,200 annually, plus any adjustments consistent with the appropriate Consumer Price Index. Page 10 Packet Pg. 18 O 3. Authorize the City Manager or designee to execute all contracts and associated documents, modify the agreement in the event impossibility of performance arises, and execute all documents subject to City Attorney approval. ITEM 19 ESTABLISH A NO OVERNIGHT PARKING ZONE ON THE WEST AND EAST SIDE OF PINE STREET AND A NO STOPPING ANY TIME ZONE ON THE WEST SIDE OF PINE STREET City staff propose a No Overnight Parking Zone on the west and east side of Pine Street, south of Newhall Avenue and a No Stopping Any Time zone on the west side of Pine Street, south of Newhall Avenue to improve circulation of vehicles through Pine Street. RECOMMENDED ACTION: City Council: 1. Adopt a resolution to establish a 470-foot No Overnight Parking zone on the west side of Pine Street, south of Newhall Avenue; a 3,405-foot No Overnight Parking zone on the east side of Pine Street, south of Newhall Avenue; and a 2,885-foot No Stopping Any Time zone on the west side of Pine Street, south of Newhall Avenue. 2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval. Adopted Resolution No. 21-49 ITEM 20 ADOPTION OF A POLICY REGARDING ENCROACHMENT INTO CITY -OWNED PROPERTY This policy will provide an avenue through which homeowners may correct certain, pre-existing encroachment violations. The aim of the policy is to reduce the City's liability exposure and provide homeowners with relief from violations that were created at no fault of their own. RECOMMENDED ACTION: City Council approve the attached policy to take effect immediately, authorizing the City Manager or his/her designee to execute the sale of City -owned property under limited circumstances to address encroachment concerns. ITEM 21 APPROVE CONTRACT TO PARTICIPATE IN THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM Approve contract with Los Angeles County to participate in the sixth round of the Los Angeles Region Imagery Acquisition Consortium for the purchase of high -quality aerial imagery and elevation datasets. RECOMMENDED ACTION: City Council: Page 11 Packet Pg. 19 O Direct staff to execute a Participant Agreement with Los Angeles County and approve contract for an amount not to exceed $79,042 for the purchase of high -quality aerial imagery and elevation datasets. 2. Authorize the City Manager or designee to execute all contracts and associated documents subject to City Attorney approval. ITEM 22 APPROVAL OF REAL PROPERTY ACQUISITION OF 0.47 +/- ACRES IN NEWHALL, ASSESSOR'S PARCEL NOS. 2831-018-019, -020, -021, -022, -023 AND -024 Approval of the acquisition of .47 +/- acres in Newhall for the purpose of providing public parking in the area, as well as potential future opportunities for public/private partnerships to further enhance the economic vitality of Old Town Newhall. RECOMMENDED ACTION: City Council: 1. Approve the purchase of 0.47 +/- acres of real property contiguous to City -owned property in Newhall, Assessor's Parcel Numbers 2831-018-019, -020, -021, -022, -023, and -024 at a total cost of $2,320,000, which includes the property purchase price of $2,300,000 and $20,000 for title, escrow, and due diligence costs. 2. Appropriate $2,320,000 from the American Rescue Plan Act (ARPA) COVID-19 Response Fund to Expenditure Account 19009-5201.004 (Land) and increase Revenue Account 228- 4621.001 in the same amount for the purchase of the property and due diligence costs. 3. Authorize the City Manager, or designee, to enter into a Purchase and Sale Agreement to acquire the property and to execute all documents needed for the purchase of this property, subject to City Attorney approval. ITEM 23 AUTHORITY TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT RELATED TO WORKFORCE HOUSING Approve a resolution authorizing the City of Santa Clarita to enter into a Joint Exercise of Powers Agreement for the purpose of financing the acquisition, construction, or improvement of projects related to Workforce Housing. RECOMMENDED ACTION: City Council: 1. Adopt a resolution authorizing the City of Santa Clarita to enter into a Joint Exercise Powers Agreement in order to form the California Municipal Finance Authority's Special Finance Agency XI, for purposes of creating Workforce Housing. 2. Authorize the City Manager or designee to execute all documents to effectuate the City's Page 12 Packet Pg. 20 O membership, subject to City Attorney approval. Adopted Resolution No. 21-50 PUBLIC HEARINGS ITEM 24 APPEAL OF THE PLANNING COMMISSION DENIAL OF THE SAND CANYON RESORT PROJECT Public Hearing for the appeal of the Planning Commission denial of the Sand Canyon Resort (Master Case 18-021) project. RECOMMENDED ACTION: City Council: 1. Conduct the public hearing; 2. Adopt a resolution affirming the Planning Commission denial of a request by Sand Canyon Country Club for the construction and operation of the Sand Canyon Resort. Mayor Miranda opened the Public Hearing. City Clerk Mary Cusick stated that all notices required by law have been provided. Associate Planner Hai Nguyen presented the staff report. Applicant Steve Kim and Applicant Representatives John Musella, Richard Zapata, Walter Kiczek, Daryl Zerfass, and Hunt Braly presented the applicant presentation. Addressing the Council in support of the staff recommendation were Diane Wilson; Joshua Christensen; Jerred Langford; Susie Kaufman; Michael Hogan; Dana Martin, representing the Sand Canyon Home Owners Association; Alex Guerrero; David Hauser; Susan Carey; Dr. Jay Zink; John Higby; Martin Fox; David Hong; Jeff Hacker representing Sand Canyon Home Owners Assocation; Stacey Park; Nicholas Reyes; Sean Mann; Crispin Carrasco; Guy Moore; Martha Michael; Ron Jones; Lynn Plambeck representing Santa Clarita Organization for Planning and the Environment; Cindy Gold; Sandra Cattell representing Sierra Club; Laura Duncan; and Cher Gilmore. Addressing the Council in opposition of the staff recommendation were Tracey Carpentier, representing Bridge to Home; Kim Kurwoski; Joe Rambolt; Desmond Cannon; Judy Keeler; Peggy Stratton; Cindy Hathaway; Rafael Cano; Stuart Miller; Alex Kim; Lily Cano; Jean La Corte; Alex Cortez; Robert Koontz; Jeffrey Forrest; Victor Monroe; Charles Boyce; Tupper Russell; Ryan Machado; Maxine David; Stephen Rhee; Mohsen Djilani; and Dennis Sugasawara. Addressing the Council in a neutral position was Tim Howie. Three written comments were received in support and four written comments were received in Page 13 Packet Pg. 21 O opposition to the recommended action. Applicant representative Hunt Braly presented the applicant rebuttal. Mayor Miranda closed the public comments. Councilmember Smyth commented on Mr. Kim's involvement with the community; commented on issues raised by the speakers; and indicated that he was not ready to accept the appeal because the project as proposed is not a good fit for that area. Mayor Pro Tem Weste commented on the original agreement with Hunters Green to provide for homes and open space. Mayor Pro Tem Weste discussed that the area cannot support a large resort of the proposed size. She also commented that there are still issues with fire evacuation with Oak Springs Canyon Road as an insufficient alternative road and that special standards set in place allow the area to keep its lifestyle and the continued trust with the public. Councilmember Gibbs commented on the special standards district and the original Hunters Green agreement; discussed Council's authority to change zones and cautioned on potential zone changes without Council approval; requested clarification from the City Attorney regarding zoning changes, and Mr. Montes confirmed that the project is in a planned overlay zone, and the applicant can apply for a change at any time, but it would require an approval process. Councilmember Gibbs commented that Oak Springs Canyon Road is not a reliable alternative route, and commented on Mr. Kim's dedication to this community. However, the size of the project is too large for the area, and a revised project contiguous to the current golf course would be more appropriate. Councilmember McLean stated that a project of this size would need a second road for ingress and egress; the proposed mitigation does not make up for the size of the project or lack of ingress. Councilmember McLean inquired of Mr. Montes the implications of Council's denial of the appeals, and Mr. Montes clarified that if Council approves the Planning Commission's denial with prejudice, then the applicant could not return with a revised proposal for one year. However, the Council could deny the appeal without prejudice and the applicant could return sooner than a year with a similar project. Mayor Miranda stated that change is coming, and stopping development is not realistic. Mayor Miranda also commented that the project within the community is a good project and a benefit for everybody. Councilmember McLean inquired if Council should uphold the appeal with prejudice or without prejudice if changes were made with an alternative road in and out, which would not impact Sand Canyon, and the project were down -sized. Mr. Montes clarified that if Council denied the appeal without prejudice, the applicant could start a new application immediately, and if Council denied the project with prejudice, the applicant could return in one year. Councilmember McLean made a motion to uphold appeal but without prejudice. Councilmember Gibbs requested that the City Attorney clarify the impacts of Councilmember Page 14 Packet Pg. 22 O McLean's motion, and Mr. Montes responded that the applicant could submit a new application at anytime. Mayor Pro Tern Weste commented that the train trestle across the tracks could be not widened, and a new bridge to cross the river would cost about 25 million dollars to build; commented that Oak Springs Canyon Road is a private road, and resolving road issues is complex, but solving the road problem is not the only issue. Councilmember McLean responded that her prior comments included significantly down -sizing the project to fit in the area, to include a second road in and out, and mitigate open space. Councilmember Smyth commented that from a practical standpoint, it would probably be a year before submitting another project and that it would be better to support the Planning Commission's ruling to provide the applicant with time to consider Council's comments. Mayor Pro Tern Weste agreed with Councilmember Smyth's comments. Councilmember McLean withdrew her motion. U) a 0 Councilmember Smyth made a motion to deny the project with prejudice in concert with U Planning Commission's recommendation. Adopted Resolution No. 21-51 RESULT: APPROVED [UNANIMOUS] MOVER: Cameron Smyth, Councilmember SECONDER: Laurene Weste, Mayor Pro Tern AYES: Miranda, Weste, Gibbs, McLean, Smyth PUBLIC PARTICIPATION II No additional requests to speak were received. ADJOURNMENT Mayor Miranda adjourned the Regular Meeting at 11:56 p.m. ATTEST: CITY CLERK MAYOR Page 15 Packet Pg. 23