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HomeMy WebLinkAbout2003-05-13 - MINUTES - SPECIAL REGULAR MTG (2)CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF SPECIAL MEETING 5:30 P.M. MINUTES OF REGULAR MEETING 6:00 P.M. MAY 13, 2003 CALL TO ORDER Mayor Smyth called to order the special meeting of the City Council at 5:40 p.m. ROLL CALL All Councilmembers were present. 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: Cemex Inc. v. County of Los Angeles U.S. Court of Appeals, Ninth Circuit, Appeals Case No 02-56364 Case Name: City of Santa Clarita v. U. S. Department of Interior U. S. District Court, Central District of CA, Case No. 02 -CV -00697 RECESS AND RECONVENE Mayor Smyth recessed the meeting to closed session at 5:41 p.m. and reconvened the meeting at 6:24 p.m. CITY ATTORNEY ANNOUNCEMENT Carl Newton, City Attorney, announced that no action was taken that was required to be reported. ADJOURN Mayor Smyth adjourned the meeting at 6:25 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 McLean gave the invocation. CALL TO ORDER Mayor Smyth called to order the regular meeting of the City Council at 6:28 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember McLean led the flag salute. COUNCILMEMBER COMMENTS Councilmember Weste commented that the City's trail brochure is out and expressed thanks to staff, commented on a meeting with Supervisor Antonovich's representative, Mr. Novak, regarding preservation of a portion of the Tesoro del Valle site; and noted that staff is again working with SCAG on population figures. Councilmember Kellar commented on his trip to Sacramento for the League of CA Cities Mayors and Councilmembers Institute. Councilmember McLean commented on her upcoming trip to Sacramento regarding budget issues. Councilmember Ferry discussed the dangers of toy guns being sold by ice cream vendors; commented on a meeting with Supervisor Antonovich regarding solutions for parks and recreation facilities; announced that the Saugus High School dance team won their national championship; congratulated Geri Bryan on her appointment as City Clerk for the City of Lancaster; and welcomed new Sheriff Captain Patti Minutello and invited her to make comments. Mayor Smyth suggested that staff contact the County to find out if horse trails will be a possibility in the Tesoro del Valle development; and commented on his ride along with the Fire Department and the attitude of drivers on the road with emergency vehicles. COMMITTEE REPORTS Councilmember Weste reported on a recent Redevelopment Committee meeting and that staff is working on a zoning overlay for the redevelopment area; requested a report on code enforcement to include information on utilizing Burke Williams and Sorenson for the more difficult cases, the possibility of imposing fines, and the resources available for increased staffing; commented on a "Think Tank" to be held at Robinson Ranch on May 22, 2003, on the TMC/Cemex issue; and congratulated John Enriquez of Field Services on being a finalist for the Iron Eyes Cody Award which recognizes the most dedicated Keep America Beautiful volunteers across the nation. Councilmember McLean provided a report on a recent meeting of the SCV Legislative Coalition. Mayor Smyth reported on a meeting of the Development Committee and the Las Lomas project. STAFF COMMENTS Ken Pulskamp, City Manager, indicated staff would do research and bring a report back on the code enforcement issue. 2 _ AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Smyth and Councilmembers acknowledged City staff's receipt of Awards of Excellence & Achievement for Parks Operations, Parks Maintenance, Landscape Maintenance Districts, and Recreation and presented the awards to Steve Stark, Nancy Delange, Kyle Lancaster and Susan Andrade Wax. PRESENTATIONS TO THE CITY Ken Pulskamp, City Manager, presented the proposed Fiscal Year 03/04 Operating Budget and Capital Improvement Program 2004/2008. A study session is scheduled for May 20, 2003 for discussion of the budget with the public hearing scheduled for June 10, 2003. PUBLIC PARTICIPATION Addressing the Council at this time was Maria Gutzeit representing the Los Angeles County Bike Coalition regarding a Master Plan for Bikes (submitted material); Lynne Plambeck representing SCOPE regarding mitigation for oak trees and the Canyon Springs Project in the County; and Dorothy Porche regarding Cordova Mobilehome Park. STAFF COMMENTS Ken Pulskamp, City Manager, advised that staff would review the material submitted and report back on a Master Plan for Bikes and on oak tree mitigation. Councilmember Weste suggested staff prepare a letter supporting legal aid for residents of Cordova Mobilehome Park. 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 McLean, second by Weste, to approve the agenda, pulling Items 2, 4, 6, 9, and 12 from the Consent Calendar. Hearing no objections, it was so ordered. APPROVAL OF MINUTES Motion by Weste, second by Kellar, to approve the minutes of the April 22, 2003 special and regular City Council meetings as submitted. Hearing no objections, it was so ordered. ITEM 1 CONSENT CALENDAR 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 SANTA CLARITA VALLEY SCHOOL TRUSTEES ASSOCIATION LEGISLATIVE COALITION The Legislative Coalition has developed letterhead to use in communicating positions and matters of general interest. The City of Santa Clarita is a coalition member and the City's name and seal is proposed to be included on letterhead and other materials of general interest along with the names and seals of other coalition members. Approve in concept the use of the City of Santa Clarita name and seal on letterhead and other materials prepared and used by the Santa Clarita Valley School Trustees Association Legislative Coalition during the time period during which the City of Santa Clarita is a member of the coalition. Councilmember McLean indicated that the letterhead would be changed to reflect a different logo for the Coalition. ITEM 3 CONSENT CALENDAR STATE LEGISLATION: SENATE BILL 394 (KNIGHT) Current California law requires each public school to conduct daily patriotic exercises. SB 394, authored by Senator William J. "Pete" Knight, would require that the Pledge of Allegiance to the Flag of the United States be recited every day during the school year at all California public elementary and secondary schools. Support Senate Bill 394 and transmit statements of support to Senator Knight, Members of Santa Clarita's state legislative delegation, members of appropriate legislative committees, Governor Davis and the League of California Cities. ITEM 4 CONSENT CALENDAR STATE LEGISLATION: ASSEMBLY BILL 872 (STRICKLAND) Assembly Bill 872, authored by Assembly Member Tony Strickland (R -37 -Thousand Oaks), would provide flexibility to local agencies in setting speed limits on roads within their jurisdictions. The bill specifies criteria which may be considered by local agencies in setting speed limits on certain local roadways, as defined in the bill. Support Assembly Bill 872, in concept, and transmit statements of support to Assembly Member Strickland, Members of Santa Clarita's state legislative delegation, members of appropriate legislative committees, Governor Davis, the City of Thousand Oaks and the League of California Cities. Councilmember Weste offered comments on the proposed legislation. ITEM 5 CONSENT CALENDAR A RESOLUTION OF THE SANTA CLARITA CITY COUNCIL AUTHORIZING THE SANTA CLARITA VALLEY SHERIFF'S DEPARTMENT TO UTILIZE TRAINED VOLUNTEERS TO ASSIST WITH DEPUTY SHERIFF DUTIES The Santa Clarita Sheriffs Department requests the expansion of duties for the Volunteers on Patrol Program, to include enforcement of all parking codes violations as specified in the City's Municipal Code, Section 12, and all codes specified in Division 12 of the California Vehicle Code. This will allow deputies to focus on more critical issues in the Santa Clarita Valley. Adopt Resolution No. 03-56 expanding the duties of the Los Angeles County Sheriffs rd Department's Volunteers on Patrol Program and provide staff with direction to allow the Sheriffs Department to expand the duties of the Volunteers on Patrol (VOP) to include the enforcement of all City Municipal Parking Codes (Section 12) and all parking codes in Division 11 of the California Vehicle Code. ITEM 6 CONSENT CALENDAR PERSONNEL RULES REGARDING MILITARY LEAVE This item is being brought forward by City Council at the request of Mayor Cameron Smyth. Current City policy provides for paid leave due to military service in accordance with State law, which requires public sector employers to continue pay to employees for 30 days per fiscal year. In addition, the City allows employees called to military service to utilize their leave bank time as a means to offset the earning lost during the leave, should it extend beyond 30 days. The California National Guard and the United States Military reserves have been ordered to active duty in response to the terrorist attack of September 11, 2001, America's continuing War on Terrorism and Operation IRAQI FREEDOM. Two of these activated individuals have been employees of the City of Santa Clarita. Adopt Resolution No. 03-57 amending the Personnel Rules of the City to provide a benefit of 180 total days paid leave for employees involuntarily called to service during active military campaigns. In response to inquiry from Councilmember Kellar, Ken Pulskamp, City Manager, provided clarification on the proposed benefit. ITEM 7 CONSENT CALENDAR RENEWAL OF BUS CONTRACT WITH LAIDLAW EDUCATION SERVICES The City of Santa Clarita's summer camp programs offer weekly and daily trips in Day Camp and Teen Travel programs to various locations in Southern California. Laidlaw was awarded the contract in 2002 with a 2 year renewal option. This will be the first renewal. Approve contract renewal with Laidlaw Education Services to provide summer transportation for City of Santa Clarita camp programs. ITEM 8 CONSENT CALENDAR TRANSFER OF STORM DRAINS PD NO. 2010 AND MTD NO. 1613 TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT The following storm drains have been constructed to the satisfaction of the Los Angeles County Flood Control District (LACFCD) and are ready for transfer: PD No. 2010 - Vicinity of Magic Mountain Parkway and Valencia Boulevard MTD No. 1613 - Vicinity of Valley Street and Maple Street. County procedures require that each storm drain transfer request be accompanied by a resolution. The adoption of these resolutions is requested at this time. Adopt Resolution No. 03-58 for the transfer and conveyance of Private Drain (PD) No. 2010 and adopt Resolution No. 03-59 for Miscellaneous Transfer Drain (MTD) No. 1613 to the Los Angeles County Flood Control District. 5 ITEM 9 CONSENT CALENDAR SANTA CLARA RIVER COMMUTER TRAIL (SEGMENT 1), PROJECT NO. T0017 - AWARD CONTRACT FOR ENGINEERING AND ENVIRONMENTAL DESIGN SERVICES This project is to design the segment of the Santa Clara River Commuter Trail on the north side of the Santa Clara River from Interstate 5 to Avenue Tibbitts and to make a connection across the Santa Clara River to the trail system along Magic Mountain Parkway. Authorize the City Manager or designee to execute a Professional Service Agreement between the City and RRM Design Group in the amount of $450,000.00 for engineering and environmental design services for the Santa Clara River Commuter Trail (Segment 1), Project No. T0017, subject to City Attorney approval. Councilmember Weste offered comments on features of the project. ITEM 10 CONSENT CALENDAR 2001-02 ANNUAL OVERLAY PROGRAM PROJECT NO. M0020 - PROJECT ACCEPTANCE The Annual Overlay Program resurfaces various streets throughout the City to provide smoother rides for vehicles, enhance the appearance of the area, and extend the economic life of the roadway. The major arterial streets for the 2001/02 Annual Overlay Program included Soledad Canyon Road, Haskell Canyon Road, and Plum Canyon Road. The local streets included in this project were in the Saugus area. Accept the work performed by Security Paving, Inc. on the 2001/02 Annual Overlay Program; establish Account No. M0020001-8001 and transfer funds in the amount of $252,454.62 from account M0021001-8001 into Account No. M0020001-8001 to cover additional costs incurred during construction; direct the City Clerk to file the Notice of Completion; and direct staff to release the remaining ten percent retention 35 days after the Notice of Completion is recorded, provided no stop notices, as provided by law, have been filed. ITEM 11 CONSENT CALENDAR 2003 SAFE ROUTES TO SCHOOL GRANT APPLICATION The State of California is currently accepting applications to fund the construction of capital projects that improve pedestrian safety for school children. The Safe Routes to School Grant Program is administered through the California Department of Transportation (Caltrans). Approve the proposed 2003 Safe Routes to School project, and direct staff to submit the completed grant application to Caltrans by the May 31, 2003 deadline. ITEM 12 CONSENT CALENDAR GATES KING PROPERTIES LAND GIFT Gate King Properties, LLC has offered to gift approximately 75 acres of land to the City of Santa Clarita. This land is adjacent to a designated wildlife corridor and is consistent with the City's policy of protecting these lands for future generations. The land will be restricted by the terms of the Grant Deed to use as open space and for other passive recreational uses. Accept the proposed Grant Deed, subject to City Attorney approval, and instruct the City Clerk to execute and attach to the Grant Deed the appropriate Certificate Acceptance and cause the Grant Deed to be recorded in the Official Records of Los Angeles County. 9 _ In response to inquiry from Councilmember McLean, Jeff Lambert, Director of Planning and Building Services, provided additional information. Carl Newton, City Attorney, clarified that the grant would be accepted subject to City Attorney review for certain items and approval. ITEM 13 CONSENT CALENDAR CHECK REGISTER NOS. 16,17 AND 18 Approval of the Check Registers. Adopt Resolution No. 03-60 to approve and ratify for payment the demands presented in Check Registers 16, 17 and 18. Motion by Weste, second by Ferry, to approve the Consent Calendar. On roll call vote: Ayes: Ferry, Mclean, Kellar, Weste, Smyth Noes: None Absent: None Motion carried. ITEM 14 PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S ADOPTION OF RESOLUTION P02-12, FINDING THAT SANTA CLARITA, LLC AND BERMITE RECOVERY, LLC HAVE NOT COMPLIED IN GOOD FAITH WITH THE TERMS OF THE PORTA BELLA DEVELOPMENT AGREEMENT Mayor Smyth noted that the public hearing had been previously opened at the October 22, 2002 meeting and continued to November 26, 2002 and February 25, 2003. Jeffrey Lambert, Director of Planning and Building Services, reported that this public hearing is to consider SCLLC's appeal of the Planning Commission's decision regarding Porta Bella Development Agreement Findings of Non -Compliance. The item was further continued by the Council at the February 25th meeting to tonight's meeting for further consideration. Representing the applicant, Gary Brown, presented Santa Clarita LLC's perspective on the finding of non-compliance. Addressing the Council on this item was Connie Worden-Roberts representing the Citizen's Advisory Group; and Cam Nolltemeyer. At this time, Mr. Brown offered a rebuttal to comments made by staff and public speakers. Mayor Smyth closed the public hearing. Carl Newton, City Attorney offered comments reaffirming Mr. Lambert's presentation that acknowledged the 120 -day period for the developer to cure any non-compliance issues. At the end of the 120 -day period, Council would then review the matter and consider making a determination of default. 7 Motion by Ferry, second by Kellar, to adopt Resolution No. 03-61 upholding the Planning Commission's finding that Santa Clarita, LLC and Bermite Recovery, LLC have not complied in good faith with the terms of the Porta Bella Development Agreement between the City of Santa Clarita and Whittaker Porta Bella, Inc., approved by the Council on February 27, 1996. On roll call vote: Ayes: McLean, Kellar, Weste, Ferry, Smyth Noes: None Absent: None Motion carried. RECESS AND RECONVENE Mayor Smyth called a recess at 8:29 p.m. and reconvened the meeting at 8:42 p.m. ITEM 15 PUBLIC HEARING RICE SELF STORAGE DEVELOPMENT Mayor Smyth opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required have been provided. Jeff Lambert, Director of Planning and Building Services, outlined the staff's perspective on the request and Jeff Hogan, Associate Planner, reported that the applicant is requesting a specific plan amendment to the North Valencia I Specific Plan to allow self storage facilities in the commercial area with an approved conditional use permit. As part of the request the applicant is requesting a conditional use permit to allow an 82,500 square foot self -storage facility in the rear of the Lowe's Home Improvement shopping center. Representing the applicant, Vincent Dyer, architect, gave a presentation on the proposed development. Addressing the Council on this item was Greg Call representing the consultant for Rice Development; Glenn Adamick representing the property owner Newhall Land; Brett Byrd; and Ray Bayat. Mayor Smyth closed the public hearing. Motion by Ferry, second by McLean, to adopt Resolution No. 03-62 approving the mitigated negative declaration for the project and Conditional Use Permit 02-022; and introduce and pass to second reading an Ordinance (Specific Plan Amendment 02-003) to modify the North Valencia I Specific Plan with amendments 3 to the conditions of approval regarding landscaping, lights, noise and architecture treatment as discussed. On roll call vote: Ayes: Weste, Ferry, McLean, Smyth Noes: Kellar Absent: None Motion carried. ITEM 16 PUBLIC HEARING DEVELOPMENT OF THE GATE KING INDUSTRIAL PARK PROJECT WHICH INCLUDES THE SUBDIVISION OF 584 ACRES INTO 88 LOTS Mayor Smyth announced that the public hearing had been opened at the meeting of April 8, 2003. In report, staff recommended continuance of the public hearing. Addressing the Council on this item was Lynne Plambeck representing SCOPE. Motion by Ferry, second by Weste, to continue the public hearing to the May 27, 2003 City Council meeting. On roll call vote: Ayes: Weste, Ferry, McLean, Kellar, Smyth Noes: None Absent: None Motion carried. ITEM 17 UNFINISHED BUSINESS WHITTAKER-BERMITE CLEAN-UP AND REUSE PROJECT CITY -CHEROKEE REIMBURSEMENT AGREEMENT Jeffrey Lambert, Director of Planning and Building Services, outlined revisions to the agreement and reported that the City's Whittaker-Bermite Strategy Team, together with Cherokee Investment Partners, has drafted an agreement in anticipation of Cherokee's purchase of the Whittaker-Bermite property. The purpose of this agreement is to set forth procedures and a funding mechanism for the processing of certain entitlement applications associated with the future reuse of the Whittaker-Bermite property. Addressing the Council on this item was Fred Trueblood representing Assemblymember Richman and Cam Noltemeyer. One written comment was received. Motion by Kellar, second by Ferry, to adopt Resolution No. 03-63, approving the Reimbursement Agreement for City Services associated with Development of the 00 Whittaker-Bermite Property, with revisions as discussed, and direct the City Manager to execute the Agreement, subject to the approval of the City Attorney. On roll call vote: Ayes: Ferry, McLean, Kellar, Weste, Smyth Noes: None Absent: None Motion carried. RECESS AND RECONVENE Mayor Smyth called a recess at 9:50 p.m. and reconvened the meeting at 9:55 p.m. ITEM 18 NEW BUSINESS DIAPER RECYCLING PILOT PROGRAM UPDATE AND PILOT EXTENSION Jason Smisko, Interim Environmental Services Manager, with assistance from Ben Lucha, Project Manager, reported that on April 10, 2001, Council directed staff to implement a diaper - recycling pilot program. As a result, staff coordinated a partnership between one of the City's waste haulers (Waste Management), Knowaste (the manufacturer of the Knowaste Diaper Processor II (KDPII)), and BFI (for the housing of the processor). After several months of planning and preparation, the City rolled out the nation's first Diaper Recycling Pilot Program to select neighborhoods in November 2002. The final collection day for the six-month pilot program was May 6, 2003. Addressing the Council on this item was Dorothy Rothrock representing California Manufacturers and Technology Association; Steven Hamilton representing Congress of Racial Equality; Heather Sharpe; Dustin Kott; Bruce Williamson; Jenna Hicks; Julie Munoz; Jason Weil; Chris Fall representing Blue Barrel/Santa Clarita Disposal; Cam Noltemeyer; Hunt Braly representing Knowaste; and David Hauser representing BFI. One written comment was submitted. Motion by Weste, second by McLean, to approve an extension of the pilot for an additional three months on the condition that Knowaste cooperates with providing data needed to further evaluate the program, adding diversion rate as a benchmark; and to direct staff to return with item on a regular council meeting agenda at the end of the three-month period to provide program update. On roll call vote: Ayes: McLean, Weste, Ferry, Smyth Noes: Kellar Absent: None Motion carried. ADJOURNMENT Mayor Smyth adjourned the meeting in memory of Margaret Edith Dawson at 11:08 p.m. 10 FUTURE MEETINGS A City Council Special Study Session will be held Tuesday, May 20, 2003 at 5:30 p.m. in the Century Room, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. A City Council Special Joint Study Session with the Planning Commission will be held Tuesday, May 20, 2003 at 7:00 p.m. in the Century Room, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. The next regular meeting of the City Council will be held Tuesday, May 27, 2003 at 6:00 p.m. in the Council Chamber, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: /1 "— CITY CLIERK 11 W MW AMP, -,