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HomeMy WebLinkAbout2003-10-14 - MINUTES - REGULAR MTG (2)CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF SPECIAL MEETING 4:30 P.M. MINUTES OF REGULAR MEETING 6:00 P.M. OCTOBER 14, 2003 CALL TO ORDER Mayor Pro Tem Kellar called to order the special meeting of the City Council at 4:31 p.m. ROLL CALL All Councilmembers were present, with the exception of Councilmember McLean and Mayor Smyth. PUBLIC PARTICIPATION There was none. CLOSED SESSION Carl Newton, City Attorney, advised of the need to conduct a Closed Session for the purpose of holding a: CONFERENCE WITH LEGAL COUNSEL — Pending Litigation Government Code Section 54956.9 (a) Case Name: Cemosek v. City of Santa Clarita Los Angeles County Superior Court Case No. BC 277452 Case Name: Tara DiMarzo v. City of Santa Clarita Los Angeles County Superior Court Case No. PC 031590 W Case Name: Las Lomas Land Company, LLC v. City of Santa Clarita et al. Los Angeles County Superior Court Case BS 082219 CONFERENCE WITH LEGAL COUNSEL — Potential Litigation Government Code Section 54956.9 (c) - one matter RECESS AND RECONVENE Mayor Pro Tem Kellar recessed the meeting to Closed Session at 4:34 p.m. and Mayor Smyth reconvened the meeting at 6:10 p.m. CITY ATTORNEY ANNOUNCEMENT Carl Newton, City Attorney, announced that in Closed Session by unanimous vote, Council authorized the filing of litigation against Time Warner Cable for unpaid franchise fees. ADJOURN Mayor Smyth adjourned the meeting at 6:12 p.m. CITY CLERK'S ANNOUNCEMENT Sharon Dawson, City Clerk, announced that anyone wishing to address an item on the agenda should fill out a speaker's slip and submit it to the City Clerk before the item is announced by the Mayor. INVOCATION Councilmember Weste gave the invocation. CALL TO ORDER Mayor Smyth called to order the regular meeting of the City Council at 6:17 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember Weste requested that Ken Pulskamp, City Manager, lead the flag salute. COUNCILMEMBER COMMENTS Councilmember Ferry expressed thanks to staff for their efforts on the recent "Teen Scene Unplugged" event at the Hyatt; congratulated Mayor Smyth on serving as ambassador for the City in welcoming now Governor -elect Schwarzenegger to Santa Clarita; acknowledged staff's work in sharing resources with the City of Bandung, Indonesia and requested that City Manager Ken Pulskamp provide an update on the project. Mr. Pulskamp provided an update including information on a recent trip made by Ken Striplin, Assistant to the City Manager, Phil Sumagaysay, Information Technology Specialist, and himself indicating that the officials in Bandung are very appreciative of the City's efforts in making a significant difference in their city. Councilmember McLean acknowledged the death of Army Pfc. Stephen Wyatt who was serving the US in Iraq, whose wife Kelly, a Canyon High School graduate, also serves in the Army and requested that the meeting be adjourned in his memory; a fund raiser will be held on October 18 at the Senior Center sponsored by the Blue Star Mothers in support of our troops. Councilmember Weste commented on several tourism events including the Pow Wow at Hart Park, Thomas the Train in Fillmore, and the "Hamsters on Ice" event filmed at the Valencia Ice Station. She also acknowledged the passing of H. Keith Byram, former judge in the Newhall Municipal Court, and John David McKeon, brother of Congressman Buck McKeon and requested that the meeting be adjourned in their memories. Mayor Smyth commented on a local family of 5 whose home was filmed on "Extreme Home Makeovers", a new ABC television show, where neighbors nominate a neighbor to have their home redone while they are away on vacation. During the filming, approximately $400,000 was spent in the community by the film crew. COMMITTEE REPORTS Councilmember McLean reported on the joint meeting held September 30 with the Community College District Board; a recent Newhall Redevelopment Committee meeting and requested that the Agency hold a meeting to discuss the direction for the entire redevelopment 2 area with attention to the older established areas; and her participation in a trail ride sponsored by Supervisor Antonovich of Vasquez Rocks and Sunrise Trail. Councilmember Weste reported on a recent Sanitation District meeting and discussion of the chloride issue; commented that work is still being done on the Transit Mixed Concrete proposal; and invited all to attend the dedication of the City's new Aquatics Comples on Saturday at 10 a.m. Mayor Smyth expressed his condolences to the families of those who had passed away and in whose memory this meeting would be adjourned. AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Smyth and Councilmembers presented a certificate recognizing Audrey Sohikian for finishing in the top 10 at the USA Snowboard Association Boardercross event in Maine earlier this year and presented a certificate recognizing Kristi Labrie for her heroic efforts this past July to rescue a 7 -year old drowning child and administer CPR. PRESENTATIONS TO THE CITY After an introduction by Jeff Lambert, Director of Planning and Building Services, Senior Planner Lisa Hardy provided the Council with an update on the One Valley One Vision Joint Valleywide General Plan Project. PUBLIC PARTICIPATION Addressing the Council at this time was Susan Broman representing the Canyon Country Library regarding activities at the Library; and Teresa Savaikie regardng off road vehicles in the Santa Clara River, the need to protect the River, the desirability of the City enforcing mitigation measures imposed on developers, and the possibility of patrols by a "river ranger". STAFF COMMENTS Ken Pulskamp, City Manager, urged anyone seeing illegal activity in the River to contact the Sheriffs Department. Following additional Council discussion about educating residents on the proper use of the river as a resource, Mr. Pulskamp indicated he would discuss the issue with the Sheriff s Captain. Mayor Smyth acknowledged that this would be the last Council meeting that Jeff Lambert, Director of Planning and Building Services would attend prior to his departure and wished him the best. Ken Pulskamp, City Manager, acknowledged Mr. Lambert's working relationships and his positive impact on the City. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be needed. APPROVAL OF AGENDA Motion by Kellar, second by Weste, to approve the agenda, pulling Items 2 and 7 from the Consent Calendar. Hearing no objections, it was so ordered. APPROVAL OF MINUTES Motion by Kellar, second by Weste, to approve the minutes of the September 23, 2003 special and regular meetings as amended on Page 2, and the September 24, 2003 special town hall meeting, the September 30, 2003 special joint meeting and the October 2, 2003 special meeting as submitted. Hearing no objections, it was so ordered. ITEM 1 CONSENT CALENDAR READING OF ORDINANCE TITLES - READING OF ORDINANCE TITLES Government Code Section 36934 requires that all ordinances be read in full prior to Council taking action on the ordinance. By listing the ordinance title on the Council meeting agenda, Council may determine that the title has been read. Determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. ITEM 2 CONSENT CALENDAR CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE Candidates for Santa Clarita City Council are required to adhere to the campaign contribution limitations and disclosure requirements as outlined under Santa Clarita Municipal Code Chapter 7.02. It is proposed to amend the muncipal code to increase individual contribution limits from $250 to $360 per election contest; increase the itemized reporting disclosure threshold from $50.00 or more to $100 or more; and, to increase individual anonymous contributions from $50.00 to $100.00, while retaining the existing $200.00 total anonymous contribution limitation. This item was pulled from the Consent Calendar to allow for a separate vote from the remainder of the Consent Calendar. Motion by Ferry, second by McLean, to conduct a second reading and adopt Ordinance No. 03-13 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SANTA CLARITA MUNICIPAL CODE CHAPTER 7.02, CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE. On roll call vote: Ayes: McLean, Weste, Ferry, Smyth Noes: Kellar Absent: None Motion carried. ITEM 3 CONSENT CALENDAR STORM DRAIN MAINTENANCE CONTRACT NO. M0032-02 - BID AWARD Award of a bid to bring a number of previously constructed storm drains to standards acceptable to the Los Angeles County Flood Control District. Award Contract No. M0032-02 to W. A. Rasic Construction, Inc. on an hourly rate basis, and in an amount not to exceed 4 $816,476. Should the requirements specified in the contract documents not be complied with to the satisfaction of the Director of Transportation and Engineering Services, authorize the City Manager to award the remaining work to Blois Construction, Inc. Authorize an increase to revenue Account No. 456-6714 and corresponding increase to expense Account No. M0032456-8001 in the amount of $816,476. ITEM 4 CONSENT CALENDAR JAN HEIDT METROLINK STATION SECOND PLATFORM PASSENGER AMENITIES AND BUS SHELTERS CONSTRUCTION, PROJECT NO. F2005 - PROJECT ACCEPTANCE This item for the construction of the second passenger platform amenities at the Jan Heidt Metrolink Station and bus shelters on Railroad Avenue was completed. The scope of work included the installation of three regular canopies with passenger benches, one ticket validating canopy per the latest building code upgrades, and three bus shelters on Railroad Avenue. Accept the completion of the Jan Heidt Metrolink Station Second Platform Passenger Amenities and Bus Shelters, Project No. F2005; direct the City Clerk to file the Notice of Completion; and direct staff to release the 10 percent retention 35 days after the Notice of Completion is recorded, provided no stop notices, as provided by law, have been filed. ITEM 5 CONSENT CALENDAR SANTA CLARITA TRANSIT MAINTENANCE FACILITY, PROJECT NO. F0003 -REJECTION OF ALL BIDS AND AUTHORIZATION TO RE -ADVERTISE FOR BIDS This project will create a new facility to meet the existing and short-term expansion needs of the Santa Clarita Transit System over the next five to ten years. The initial construction phase would address all current deficiencies, as well as provide for the use of alternative fuels to meet new regulations. Particular design considerations must address efficient phasing of the facility, identifying utility needs of the facility given the existing inventory, while developing the site for future ultimate build -out. Authorize rejection of all contract bids for the construction of the Transit Maintenance Facility, Project No. F0003, and direct staff to re - advertise for bids. ITEM 6 CONSENT CALENDAR AWARD THE PURCHASE OF SEVEN LIGHT-DUTY TRUCKS Award a contract for the purchase of seven light duty trucks. Award a contract to Lake Chevrolet for the purchase of seven light duty trucks for an amount not to exceed $154,263.83 from account numbers 1700-8615, 7211-8615, 7310-8615 and 7330-8615. ITEM 7 CONSENT CALENDAR CITY OF SANTA CLARITA/COLLEGE OF THE CANYONS PROPOSED USE TAX SHARING AGREEMENT In late 2002, College of the Canyons (COC) approached staff and indicated their desire to partner with the City in the development of a program designed to increase Use Tax revenue 5 as a means to help fund COC's future University Center. The development of this potential program represents an opportunity for the City and local private sector busineses to jointly help the College construct their University Center through the generation of new Use Tax revenue the City does not currently receive. Approve the proposed City of Santa Clarita/College of the Canyons Use Tax Sharing Agreement; and direct the City Manager to execute this Agreement, subject to City Attorney approval. Addressing the Council on this item was Art Cornelius representing the College of the Canyons Foundation Board of Directors; Daniel Goetz representing VIA and UVDI; and Connie Worden Roberts representing VIA. Three written comments were submitted. Following comments by Councilmembers, the item was approved with the remaining Consent Calendar items. ITEM 8 CONSENT CALENDAR AUTHORIZATION TO EXECUTE AN AGREEMENT FOR THE WHITNEY CANYON OPEN SPACE SITE The City and the Santa Monica Mountains Conservancy created the Santa Clarita Watershed Recreation and Conservation Authority (SCWRCA), a joint powers agency, in 1993. In July, 2002 SCWRCA purchased the 442 acre site known as Whitney Canyon. This agreement will help provide the framework necessary for the ongoing improvements and operation of the site. Approve an agreement between the City, Santa Clarita Watershed Recreation and Conservation Authority, Santa Monica Mountains Conservancy, and the Mountains Recreation and Conservation Authority for improvements to the Whitney Canyon open space site, authorize City Manager or designee to sign all documents, subject to City Attorney approval. ITEM 9 CONSENT CALENDAR CHECK REGISTER NOS. 38, 39, AND 40 Approval of the Check Registers. Adopt Resolution No. 03-127 to approve and ratify for payment the demands presented in Check Registers 38, 39, and 40. Motion by Weste, second by McLean, to approve the Consent Calendar with the exception of Item 2. On roll call vote: Ayes: Ferry, McLean, Kellar, Weste, Smyth Noes: None Absent: None Motion carried. ITEM 10 PUBLIC HEARING MASTER CASE NO. 03-199; MINOR USE PERMIT 03-023 Mayor Smyth opened the public hearing. R Jeffrey Lambert, Director of Planning and Building Services, reported that this is an appeal of the Planning Commission decision to approve a minor use permit to allow for the operation of an elementary school (Northpark Christian Academy) at the existing Seventh Day Adventist Church facility located at 24436 Valley Street. Due to inadequate public notice, it was necessary to continue the item to another date with appropriate notice to be given. No requests to speak were submitted on this item. Motion by Kellar, second by Weste, to continue the item to a special Council meeting on November 20, 2003 at 6 p.m., with appropriate notice to be provided. On roll call vote: Ayes: Kellar, Weste, Ferry, McLean, Smyth Noes: None Absent: None Motion carried. ITEM 11 PUBLIC HEARING EXTENSION OF COMCAST CABLE TELEVISION FRANCHISE AGREEMENT Mayor Smyth opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required by law have been provided. In report, Barbara Boswell, Interim Director of Administrative Services, advised that for the past two and one-half years, staff has been preparing for renewal of the City's Cable Franchise agreement with Comcast, formerly AT&T Broadband. While staff and representatives of Comcast have made excellent progress in their renewal discussions of the complexities associated with both the renewal process and securing timely responses corporate representatives of Comcast dictate the need to extend Comcast's Cable Franchise Agreement. Carl Newton, City Attorney, provided additional information advising that the FCC strictly limits the power of cities with respect to their authority over a cable television franchise. Addressing the Council on this item was Val Thomas. Councilmembers expressed concern and discussed the possibility of reviewing customer service standards. Council consensus to have the City Attorney prepare a report on the possibility of Council reviewing customer service standards. Mayor Smyth closed the public hearing. 7 Motion by Weste, second by Kellar, introduce and pass to second reading an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND COMCAST. On roll call vote: Ayes: Weste, Ferry, McLean, Kellar, Smyth Noes: None Absent: None Motion carried. ITEM 12 PUBLIC HEARING EXTENSION OF TIME WARNER CABLE TELEVISION FRANCHISE AGREEMENT Mayor Smyth opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required by law have been provided. In report, Barbara Boswell, Interim Director of Administrative Services, advised that for the past two and one-half years, staff has been preparing for renewal of the City's Cable Franchise agreement with Time Warner Communications. While staff and representatives of Time Warner have made progress in their renewal discussions of the complexities associated with the renewal process, coupled with current franchise issues that have yet to be resolved, dicate the need to extend Time Warner's Cable Franchise Agreement. No requests to speak were submitted on this item. Councilmembers acknowledged that comments made on Item 11 also pertained to this item. Mayor Smyth closed the public hearing. Motion by Weste, second by Kellar, to introduce and pass to second reading an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDMENT TO THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND TIME WARNER ENTERTAINMENT - ADVANCE/NEWHOUSE, and pass to second reading. On roll call vote: Ayes: Ferry, McLean, Kellar, Weste, Smyth Noes: None Absent: None Motion carried. ITEM 13 PUBLIC HEARING PROPOSED RECREATION FEE SCHEDULE Mayor Smyth opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required by law have been provided. Rick Gould, Director of Parks, Recreation and Community Services, reported that the City periodically conducts a fee study, or review of the fees it charges for programs and services. This year, Council approved increases to all City fees by the Consumer Price Index during the budget approval process for Fiscal Year 2003-04. However, in may cases, this increase was too small to assist in the recovery of direct costs for selected Recreation programs. In addition, the Department seeks to establish new fees for programs, special events, and facility rentals that are not currently specified in the City's fee structure. For example, this resolution sets fees for the use of the new Santa Clarita Aquatic Center. No requests to speak were submitted on this item. Mayor Smyth closed the public hearing. In response to inquiry from Councilmembers, Mr. Gould will provide information on an annual pass. Motion by Weste, second by Ferry, to adopt Resolution No. 03-128 establishing a new schedule of fees and charges for selected recreation services. On roll call vote: Ayes: McLean, Kellar, Weste, Ferry, Smyth Noes: None Absent: None Motion carried. ITEM 14 UNFINISHED BUSINESS ACQUISITION OF 412 ACRES OF OPEN SPACE Jeffrey Lambert, Director of Planning and Building Services, reported that the City has entered into negotiations to purchase 412 acres of open space located outside of the the City's eastern boundary. Staff needs the City Council's approval to sign all required documentation to authorize the acquisition. Addressing the Council on this item was Teresa Savaikie representing the Center for Biological Diversity. '— Councilmember acknowledged that this is an exciting opportunity but concerns were also expressed regarding the expenditure of funds for this purpose given the City's other commitments and priorities. Motion by Kellar, second by Weste, to authorize the City Manager to sign all required documentation to authorize the acquisition of 412 acres of open space located outside of the City's eastern boundary (Assessor's Parcel Numbers: 3211-016-034; 3210-014-029, 031,032), subject to review by the City Attorney. Appropriate $1,265,000 from the Public Facilities Replacement Fund fund balance to account 604-9501, increase estimated revenues in account 001-6810, and appropriate $1,265,000 to account 2100-8620 for the purchase. On roll call vote: Ayes: Kellar, Weste, McLean, Smyth Noes: Ferry Absent: None Motion carried. ADJOURNMENT Mayor Smyth adjourned the meeting at 7:24 p.m. in memory of H. Keith Byram, Stephen Wyatt and John David McKeon. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, October 28, 2003 at 6:00 p.m. in the Council Chamber, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: CITY CLERK 030ctl4m.doc 10 MAYOR