HomeMy WebLinkAbout1994-05-10 - MINUTES - REGULAR (2)MINUTES OF REGULAR MEETING
CITY OF SANTA CLARITA
CITY COUNCIL
6:30 P.M.
MAY 10, 1994
EXECUTIVE SESSION The Executive portion of the City Council meeting was called to
order by Mayor Pederson at 6:31 p.m. at the Council Chambers at
23920 Valencia Boulevard, Santa Clarita, CA.
This time has been set aside for Councilmembers to review the
agenda and obtain any further information that may be needed.
No action will be taken prior to 7:30 p.m. This session is open to
the public.
CLERK'S Deputy City Clerk, Donna Grindey, announced that anyone wishing
ANNOUNCEMENT to address an item on the agenda should fill out a speakers' slip
and submit it to the City Clerk before the item is discussed.
CLOSED SESSION At 6:40 p.m., Mayor Pederson recessed to closed session for
conference with legal counsel regarding existing litigation under
Government Code 54956.9, Subdivision A, Castaic Lake Water
Agency vs. City of Santa Clarita.
RECONVENE Mayor Pederson reconvened to the public participation portion of
the meeting at 7:04 p.m.
PRESENTATIONS Mayor Pederson and Council received a check for $1500, for
earthquake relief activities from First Church of Christ Scientist.
Mayor Pederson and Council presented Rosalie Gnam with a
plaque honoring her upon her retirement.
PUBLIC PARTICIPATION Addressing the Council with matters of public concern were:
Marsha McLean, 24519 Breckenridge Place, Santa Clarita;
regarding Annual Review of Performance and Quality of Service;
Ed Dunn, 15414 Rhododendron Drive, Santa Clarita; regarding
repaving of COC stadium; John Steffen, 22714 Espuella, Santa
Clarita; regarding the economy and spending; Dick Walley, 27534
Saffron Lane, Santa Clarita; regarding school parking and drugs at
Saugus High School; Tony Castagnola, 24143 W. Del Monte, Santa
Clarita; regarding Soledad bike lane; Bill Arens, 19608 Steinway,
Santa Clarita; regarding action on petition for street closure.
RECESS Mayor Pederson recessed the meeting at 7:27 p.m.
RECONVENE Mayor Pederson reconvened to the regular meeting of the City
Council at 7:32 p.m.
ROLL CALL All Councilmembers were present.
INVOCATION
Pastor Peter Mothershead, Santa Clarita Baptist Church, led the
invocation.
PLEDGE OF ALLEGIANCE Councilmember Darcy led the Pledge of Allegiance.
APPROVAL OF AGENDA It was moved by Smyth and seconded by Boyer to approve the
agenda with the exception of item 4 and the committee reports
which are to be moved to the front of the agenda.
Hearing no objections, it was so ordered.
REDEVELOPMENT Mayor Pederson called the Redevelopment Agency to order at 7:35
AGENCY p.m. (see RDA minutes).
RECONVENE At 7:54 p.m., Mayor Pederson reconvened the regular meeting of
the City Council.
APPROVAL OF MINUTES It was moved by Boyer and seconded by Smyth to approve the
minutes of March 8 and March 22, 1994, as amended.
Hearing no objections, it was so ordered.
COMMITTEE REPORTS Mayor Pederson reported that the City of Santa Clarita and the
Castaic Lake Water Agency (CLWA) are presently engaged in a
number of interactions including issues relative to the sale of the
Santa Clarita Water Company and enabling legislation permitting
CLWA to operate a water retailer, Santa Clarita Community
Redevelopment Agency, and recreation facilities for portions of
CLWA's Rio Vista Treatment Facility property.
As directed by the City Council, Mayor Pederson and
Councilmember Smyth will serve as the Council's liaisons with
respect to issues involving CLWA.
In response to a request form CLWA's Board of Directors, Mayor
Pederson and Councilmember Smyth will be meeting with elected
CLWA directors to discuss how best to meet mutual community
goals and attempt to resolve areas of disagreement.
Report received by Council.
UNFINISHED BUSINESS Michael Murphy, Intergovernmental Relations Officer, reported
ITEM 4 that on five previous occasions, the city Council has discussed
TOBACCO CONTROL enactment of a tobacco control ordinance. The provisions of the
ordinance have centered around prohibitions of smoking in
.., municipal facilities, public places, work places and restaurants.
City Council directed staff to hold two public meetings for purposes
of receiving additional public comment on prohibitions of smoking
in the work place and smoking in restaurants and bars. Vending
machine sales were also to be considered. City staff conducted
three public comment meetings.
Addressing the Council on this item were: Michael Duffy; Judy
Jensen; Dan Bergman; Michael Horsley; Gary Symonds; Sara
Bacon; Janey Hazen; Rose Ohler; Pat Willett; Donna Nuss; Sam
Herr; Lee Sheneloff; Mary Smith; Delia Hackett; John Drew;
Donna Pugh; Glo Donnelly; John Graham; Hunt Braly.
Registering written comments on this item were: Brenda
Harrington; Pat Harriet; Michelle Samudio; Michael Strawn; Ken
Anderson; Sophia Rowin; Michael Fass.
Following Council discussion regarding enforcement and cost of;
ordinance requiring posting of notes on door as to smoking or non-
smoking people who work at smoking establishment having a
choice to work there; people being considerate of each other;
adopting a strong ordinance; it was moved by Smyth and seconded
by Darcy to approve staff recommendation amending the ordinance
to require that restaurants post, in a conspicuous outside location,
the individual facility's policy relative to smoking allowing
customers to know, in advance of being seated, the restaurants
smoking policy.
The motion was then amended by Boyer and seconded by Smyth
that staff be instructed to return to Council for consideration an
ordinance which would include the provisions outlined by
Councilmember Smyth as well as a provision for a small business
owner in a private work place to be able to have a separately
ventilated area in which that person can smoke.
On roll call vote:
Ayes: Heidt, Darcy, Smyth, Boyer
Noes: Pederson
Excused: None
Absent: None
Motion carried.
RECESS Mayor Pederson called a recess at 9:02 p.m.
RECONVENE Mayor Pederson reconvened at 9:16 p.m.
PUBLIC HEARING Mayor Pederson opened the public hearing. City Clerk, Donna
ITEM 1 Grindey stated that all notices required by law have been provided,
ANNUAL REVIEW OF therefore the public hearing was in order.
PERFORMANCE AND
Jeff Kohn, Deputy City Manager, reported that on February 12,
QUALITY OF SERVICE"
1991, the Council adopted Resolution 91-27 granting exclusive
AND "SYSTEM AND
residential solid waste franchises in designated franchise areas to
SERVICES REVIEW" OF
Atlas, Disposal, Blue Barrel Disposal and Santa Clarita Disposal.
THE RESIDENTIAL TRASH
FRANCHISE
Section 19 of the franchise agreement requires the City to hold a
public hearing to review the Grantee's performance and quality of
service within ninety days of the first anniversary of the effective
date of the franchise agreement. Additionally, Section 20 of the
franchise agreement requires the City to conduct a "System and
Services Review" concurrently with the "Annual Review of
Performance and Quality of Service" in order to address the
technological and regulatory changes in refuse collection and
recycling.
Addressing the Council on this matter were: Laurene Weste; Pat
Willett; Ed Dunn; Marsha McLean.
It was moved by Darcy to approve staff recommendation to accept
public comment with regard to the "Annual Review of Performance
and Quality of Service" and "System and Services Review"; direct
staff to prepare a report with respect to the performance and
quality of service within 30 days, review with franchised haulers,
initiate System and Services review process, and return to the June
28, 1994 City Council meeting.
There was no second to this motion.
It was then moved by Heidt and seconded by Boyer to continue this
item the June 10, 1994 regular meeting of the City Council.
On roll call vote:
Ayes: Heidt, Darcy, Boyer, Smyth, Pederson
Noes: None
Excused: None
Absent: None
Motion carried.
UNFINISHED BUSINESS
This item is on the agenda pursuant to Government Code Section
ITEM 2
8630, which states the governing body shall review, at least every
CONTINUING THE LOCAL
14 days until such local emergency is terminated, the need for
EMERGENCY
continuing the local emergency.
It was moved by Boyer and seconded by Heidt to continue the local
emergency.
On roll call vote:
Ayes: Smyth, Darcy, Boyer, Heidt, Pederson
Noes: None
Excused: None
Absent: None
Motion carried.
UNFINISHED BUSINESS
On April 19, 1994, this item was continued and staff was instructed
ITEM 3
to include the Golden State Mobilehome Owners League, Model
MANUFACTURED HOME
Park Conversion ordinance in the packet for this meeting.
PARK
CLOSURE/CONVERSION
On April 27, 1993, the City Council directed the City Attorney to
ORDINANCE
prepare a draft ordinance to regulate the closure and conversion of
manufactured home parks. This direction was in response to the
recommendation by the Manufactured Home Park
Closure/Conversion Ordinance Committee, that a local ordinance
would bring together the various California state statutes
governing park closures.
Addressing the Council on this item were: Russell C. Fowler;
Edward Lyons, Jr.; Gar Baldwin; William E. Duvall; J. William
Reed; James H. Robinson; Mr. Winkler.
Following discussion regarding repossessions of mobilehomes;
direct affect of proposals made and actual wording of ordinance; a
proposal to increase license fees on mobilehome to cover attorney's
fees to cover a lawsuit; City through recovery process to facilitate
condemnation of mobilehome parks; it was moved by Boyer to
approve staff recommendation to introduce, waive further reading
and pass to 2nd reading Ordinance No. 94-1 amending Santa
Clarita Municipal Code at Title 6.
There was no second to this motion.
It was then moved by Smyth and seconded by Boyer to direct staff
to draft an ordinance to include issues Council requested; to share
with the mobilehome owners and park owners and to return this
item to Council in July.
On roll call vote:
Ayes: Darcy, Heidt,
Noes: None
Excused: None
Absent: None
Motion carried.
Smyth, Boyer, Pederson
RECESS At 10:23 p.m., Mayor Pederson called a recess.
:— RECONVENE At 10:32 p.m., Mayor Pederson reconvened the meeting.
NEW BUSINESS
ITEM 11
LOCAL AUTHORITY TO
REGULATE THE USE AND
SALE OF FIREARMS
UNFINISHED BUSINESS
ITEM 5
STORM WATER UTILITY
FEASIBILITY STUDY
FINDINGS FOR THE
FEDERALLY -MANDATED
NPDES PROGRAM
It was moved by Boyer and seconded by Darcy to remove item 11
from this agenda.
On roll call vote:
Ayes: Darcy, Heidt, Boyer, Pederson
Noes: Smyth
Excused: None
Absent: None
Motion carried.
Tony Nisich, City Engineer, reported that in August 1993, the City
entered into a contract with the firm of Kato & Warren, Inc. to
perform a study to determine the City's resource needs for
complying with the Federally -mandated National Pollutant
Discharge Elimination System's (NPDES) permit requirements and
to analyze alternative funding sources.
Under the NPDES permit, the City is responsible for implementing
as a minimum 13 actions, called Best Management Practices or
BMP's. Essentially, the City is held responsible for all activities,
up to the point of runoff entry to the District's system, that could
result in pollutants entering the Santa Clara River or the
groundwater.
To satisfy the known, NPDES requirements will require a
significant increase in the level of the activity in Community
Development and Public Works.
Staff has presented preliminary findings at a Public information
Group Meeting on March 28, 1994, and at a Council Study Session
on March 30, 1994. The comments from the public generally
supported may of the requirements of the program such as
increased household hazardous water round -ups, public education,
monitoring enforcement and clean groundwater.
Addressing the Council on this item were: Ed Dunn; Laurene
Weste.
City Attorney, Carl Newton, read the title to Ordinance 94-7.
Following discussion regarding mitigating our own properties;
searching out money to pay for this; heavy fines; it was moved by
Smyth and seconded by Boyer to approve staff recommendation to
introduce Ordinance No. 94-7, waive further reading, to set a
public hearing for May 24, 1994, for consideration of the ordinance
and continue as a part of the 94-95 budget process.
On roll call vote:
Ayes: Heidt, Darcy, Boyer, Smyth, Pederson
Noes: None
Excused: None
Absent: None
Motion carried.
CONSENT CALENDAR
ITEM 6
JOHN DEERE MUNICIPAL LEASE CONTRACT
CONSENT CALENDAR
ITEM 7
PROGRAM SUPPLEMENT NO. 003 TO LOCAL AGENCY -STATE AGREEMENT
FEDERAL -AID PROJECT NO. 07-5450
CONSENT CALENDAR
ITEM S
COUNTY LIGHTING MAINTENANCE DISTRICT CONSENT AND JURISDICTION
ANNEXATION OF TRACT NO. 37802 - RESOLUTION NO. 94-43
CONSENT CALENDAR
ITEM 9
REPLACEMENT OF RECREATION REGISTRATION SYSTEM
CONSENT CALENDAR
ITEM 10
APPROVE AND RATIFY CHECK REGISTER NOS. 16 FOR THE PERIODS 04/11/94 TO
04/14/94 AND 04/22/94 AND CHECK REGISTER NOS. 17 FOR THE PERIODS 04/18/94
TO 04/21/94 AND 04/29/94
RESOLUTION NO. 94-57
It was moved by Boyer and seconded by Darcy to approve the
consent calendar.
On roll call vote:
Ayes: Boyer, Darcy, Heidt, Smyth, Pederson
Noes: None
Excused: None
Absent: None
Motion carried.
NEW BUSINESS City Manager, George Caravalho, reported that this item is on the
ITEM 12 agenda so the City Council may officially receive the City Manger's
FY 1994-1995 CITY BUDGET recommendations and a budget summary presentation.
Over the next month the City Manager will be working with the
City Council to adopt the approved budget on June 28, 1994. The
budget Study Sessions are scheduled for May 18, 1994 and June 1,
1994.
Additionally, under this item, staff will present a cash flow analysis
to show how the earthquake recovery efforts have impacted our
cash flow. The City has expended its advanced payments from
FEMA and continues to recover from the earthquake at a rapid
pace. Our recovery efforts are exceeding FEMA'a ability to pay on
a "reimbursement basis" as opposed to an "in advance basis." Staff
desires to discuss the possibility of the City officials approaching
State and Federal officials to request advanced payments. Should
these requests be denied, staff could investigate securing a cash
flow loan to be repaid on the FEMA reimbursement basis.
Dennis Luppens, Administrative Assistant; Steve Stark, Finance
Director, each made a short presentation.
It was moved by Boyer and seconded by Darcy to approve staff
recommendation to receive the FY 1994-1995 City Budget, and
discuss and provide direction to staff regarding the cash flow of
emergency funds.
It was moved by Boyer and seconded by Darcy to approve staff
recommendation to refer consideration of the CIP to the Planning
Commission for determination of consistency with the General
Plan.
On roll call vote:
Ayes: Heidt, Smyth, Boyer, Darcy, Pederson
Noes: None
Excused: None
On roll call vote:
Ayes: Smyth, Heidt, Darcy, Boyer, Pederson
Noes: None
Excused: None
Absent: None
Motion carried.
NEW BUSINESS
Administrative Assistant, Amelia Hutchinson, reported that each
ITEM 13
year the City prepares and adopts a Five Year Capital
1995-1999 FIVE YEAR
Improvement Program (CIP). The CIP is both a planning tool and
CAPITAL IMPROVEMENT
budget document. As a planning tool, the CIP provides
PROGRAM
comprehensive view of the City's capital improvement needs and
funding constraints and opportunities for the next five years. The
is a valuable resource for City Council and staff when considering
the appropriation of resources to new programs and projects. As a
budget document, the first year of the CIP is the capital
improvement program budget request for FY'94-'95.
It was moved by Boyer and seconded by Darcy to approve staff
recommendation to refer consideration of the CIP to the Planning
Commission for determination of consistency with the General
Plan.
On roll call vote:
Ayes: Heidt, Smyth, Boyer, Darcy, Pederson
Noes: None
Excused: None
Absent: None
Motion carried.
NEW BUSINESS It was moved by Boyer and seconded by Darcy to continue this
ITEM 14 item to the next regular meeting of the City Council.
MOBILEHOMES:
EARTHQUAKE RELATED Hearing no objections, it was so ordered.
ISSUES
COUNCILMEMBER Councilmember Smyth asked Council to take a look at when in
COMMENTS the summer a meeting would be deferred.
CLOSED SESSION At 11:34 Council recessed to closed session for conference with legal
counsel on existing litigation under Government Code Section
54954.9 subdivision A, CLWA vs. City of Santa Clarita and a
conference with labor negotiator , George Caravalho; affected
employees being all City employees
RECONVENE The regular meeting of the City Council was reconvened at 11:55
p.m., at which time the City Attorney, Carl Newton, made the
following announcement on the closed session items: CLWA vs.
City of Santa Clarita and Redevelopment Agency Case #2. City
Council authorized City Attorney and the firm of Burke, Williams
.. & Sorenson to defend the City and Redevelopement Agency
individually named defendants. This is a validation action in
which CLWA is seeking to invalidate the formation of the
Redevelopment Agency. City Council instructed the negotiator. No
other action was taken that required to be reported.
ADJOURNMENT At 11:56 p.m. , Mayor Pederson adjourned to May 14, 1994, 8:30
a.m., at Villa Canyon Apartments for a Council team building
session..
Hearing no objections, it was so ordered.
ATTEST:
CLERK