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HomeMy WebLinkAbout2004-11-23 - MINUTES - SPECIAL REGULAR MTG (2)CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF SPECIAL MEETING 5:15 P.M. MINUTES OF REGULAR MEETING 6:00 P.M. NOVEMBER 23, 2004 CALL TO ORDER Mayor Kellar called to order the special meeting of the City Council at 5:15 p.m. ROLL CALL All Councilmembers were present with the exception of Councilmember McLean. 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: Santa Clarita v. County of Los Angeles (Cemex CEQA litigation) L A. County Superior Court Case No. BS 091566 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Agency Negotiator: City Manager or designee Unrepresented Employees: All positions not represented by SEN Local 347 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Government Code Section 54957 City Attorney RECESS AND RECONVENE Mayor Kellar recessed the meeting to Closed Session at 5:16 p.m. and reconvened the meeting at 6:02 p.m. CITY ATTORNEY ANNOUNCEMENT Carl Newton, City Attorney, announced that no action was taken in Closed Session that was required to be reported. ADJOURN Mayor Kellar adjourned the meeting at 6:03 p.m. CITY CLERK'S ANNOUNCEMENT Sharon Dawson, City Clerk, announced that anyone wishing to address an item on the agenda should complete 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 Kellar called to order the regular meeting of the City Council at 6:11 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Mayor Kellar introduced representatives of Girl Scout Troop 380 who presented the colors and led the flag salute. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Ferry reported on a tour of the Whitaker-Bermite property with City Manager Ken Pulskamp, Planning Manager Lisa Hardy and Director of the Department of Toxic Substance Control B. B. Blevins and of Director Blevins' commitment toward cleanup of the property; reported on the kickoff of the DADS, Dads Against Drugs, program last night and looking forward to the success of the program; commented on the progress toward the memorial for youths lost in traffic collisions; welcomed former student Amber Moser to the meeting; and discussed a recent article regarding an upcoming LAFCO public hearing on the City's sphere of influence. Councilmember McLean reported on her attendance at a recent Sanitation District meeting, the Veterans' Historical Plaza groundbreaking, the League of CA Cities Leader's Workshop, and her appointment as Vice Chair of the League's Administrative Policy Committee. Councilmember Weste reported on the groundbreaking of the Veterans' Historical Plaza and thanked staff for their efforts in conducting the event; wished everyone a wonderful and safe Thanksgiving, and advised that the City is accepting applications for the Redevelopment Committee and commented on the design efforts going on for downtown Newhall. Mayor Pro -Tem Smyth commented on the City being named within the top 10 safest cities of its size in the nation, and asked Mike Murphy, Intergovernmental Relations Officer, to report on a notice the City received today regarding the City's infrastructure. Mike Murphy, Intergovernmental Relations Officer, advised that notice had been received from Congressman Buck McKeon's office that the 2005 Omnibus Appropriations Act included $5 million for the City's Cross Valley Connector Project which represents 100% of the City's request made in this regard. Mayor Kellar commented on the Festival of Trees event last Thursday night at the Activities Center and also noted the bad behavior of young people who wanted to use the City's Skatepark which was not open that evening due to the Festival; and acknowledged Mr. and Mrs. Todd Stevens of Stevenson Ranch who purchased a tree at the event honoring the nation's military and 2 who donated it to be displayed in the City Hall lobby for the holiday season. AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Kellar and Councilmembers presented certificates to nine winners of the Local Libraries Bookmark Contest based on the theme of "Let's Book!" Winners included Danielle Perez from Helmers Elementary School, in the fifth grade, who also was the regional winner in her category. PRESENTATIONS TO THE CITY Mayor Bob Hammond and Assistant to the City Manager Tito Haes of the City of Monrovia made a presentation on their Old Town Monrovia redevelopment project. PUBLIC PARTICIPATION Addressing the Council at this time was Sandra Cattell regarding changes to the oak tree ordinance and the scheduling of the City's River Rally during a Jewish holiday. STAFF COMMENTS Ken Pulskamp, City Manager, indicated that future River Rallies would not be scheduled in conflict with any holidays or observances. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain further information that may be added. APPROVAL OF AGENDA Motion by Smyth, second by McLean, to approve the agenda, pulling Items 2, 3 and 7 from the Consent Calendar. Hearing no objections, it was so ordered. APPROVAL OF MINUTES Motion by Weste, second by McLean, to approve the minutes of the November 9, 2004 special and regular City Council meetings as submitted. Hearing no objections, it was so ordered. RECESS TO SANTA CLARITA REDEVELOPMENT AGENCY MEETING Mayor Kellar recessed the meeting to the Redevelopment Agency meeting at 6:53 p.m. RECONVENE CITY COUNCIL MEETING Mayor Kellar reconvened the meeting of the City Council at 6:54 p.m. 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. 3 ITEM 2 CONSENT CALENDAR APPOINTMENT TO THE BOARD OF THE GREATER LOS ANGELES VECTOR CONTROL DISTRICT Jan Heidt has served this community as a member of the Board of this Special District for the last four years. During this past summer's epidemic of the West Nile Virus, the District was well prepared to meet the challenge. This was due to an interested and active Board that manages the assets of the District in an efficient manner. Appoint Jan Heidt as Santa Clarita's representative to the board of the Greater Los Angeles Vector Control District for another four year term. Councilmember Ferry acknowledged the commitment of former Mayor Jan Heidt to this District and supported her reappointment. Mrs. Heidt's presence at the meeting was also acknowledged. ITEM 3 CONSENT CALENDAR AMENDMENT TO THE AGREEMENT FOR CITY ATTORNEY SERVICES The last agreement for the provision of City Attorney services between the City of Santa Clarita and the law firm Burke, Williams & Sorenson, LLP was effective July 1, 1997. Over the last seven years, there has been no increase in the cost of Attorney Services provided to the City. The City has recently received notice that the cost of providing City Attorney services has increased dramatically and received a request to amend the current agreement. Authorize the City Manager or designee to execute an Amended Agreement for City Attorney Services between the City of Santa Clarita and Burke, Williams & Sorensen, LLP. Ken Pulskamp, City Manager, noted the length of time since the last amendment to the City Attorney's contract and the excellent service provided by Burke Williams and Sorenson over the years. ITEM 4 CONSENT CALENDAR FEDERAL ADVOCACY SERVICES: CONTRACT RENEWAL The City of Santa Clarita retains the professional services of John H. Montgomery and John R. O'Donnell for purposes of federal legislative advocacy. Their current contract with the City expires on December 31, 2004. The period for a new contract would be from January 1, 2005 through December 31, 2006, concurrent with the term of the 109th Congress. Authorize the City Manager or designee to renew the contract of John H. Montgomery and John R. O'Donnell for federal legislative advocacy services in the amount of $5,000 per month, plus $5,000 annually for expense reimbursement, for the period January 1, 2005 through December 31, 2006, subject to City Attorney approval. Funds for continuation of the contract beyond June 30, 2005, are subject to the inclusion of funds in the City approved budget for FY 05/06. ITEM 5 CONSENT CALENDAR SOUTH FORK TRAIL QUITCLAIM DEED TO CORRECT EASEMENT ERROR Trail easement from Newhall Land and Farming on the river bottom of the South Fork River Trail was partially filed in error by Los Angeles County. This action will correct the original filing. Approve the quitclaim deed for the South Fork Trail to correct easement error; authorize the City Manager or designee to execute all documents required to record the quitclaim deed, subject to City Attorney approval. ITEM 6 CONSENT CALENDAR VALLEY-CALGROVE BEAUTIFICATION PROJECT NUMBER P2005 - PROJECT ACCEPTANCE The construction of the Valley-Calgrove Beautification Project has been completed and the 90 -day maintenance period has ended. The project was taken over by the Parks Grounds staff on November 15, 2004. Accept the work performed by Oakridge Landscape, Inc. on the Valley- Calgrove Beautification Project Number P2005; direct the City Clerk to file the Notice of Completion; direct staff to release the 10% retention of $7,379.28 from account number P2005-001-8001, 35 days after the Notice of Completion is recorded, provided no stop notices, as provided by law, have been filed. ITEM 7 CONSENT CALENDAR RESOLUTION TO APPROVE ENTRY INTO THE FIRST AMENDED JOINT EXERCISE OF POWERS AGREEMENT (JPA) WITH THE ORANGELINE DEVELOPMENT AUTHORITY The purpose of the JPA is to enter into one or more public-private partnerships to finance, acquire, design, construct, reconstruct, improve, and operate the facilities and improvements to the Orangeline. Adopt Resolution No. 04-133 approving entry into the First Amended Joint Exercise of Powers Agreement (JPA) with the Orangeline Development Authority for the purpose of promoting the development of a maglev system from North Los Angeles County to Orange County; authorize the City Manager or designee to execute the JPA, subject to City Attorney approval; and appropriate $29,688 from Proposition C fund balance to Account No. 4395-8001 to fund the City's share of participation in the JPA. Addressing the Council on this item was Millie Jones representing Supervisor Mike Antonovich. ITEM 8 CONSENT CALENDAR RESOLUTION ALLOWING BICYCLISTS TO RIDE ON SIDEWALKS DURING CONSTRUCTION OF THE CASTAIC LAKE WATER AGENCY PIPELINE AND BOUQUET CANYON ROAD BRIDGE WIDENING PROJECTS Construction of the Castaic Lake Water Agency Pipeline and Bouquet Canyon Bridge Widening projects require the closure of bike paths. A resolution to allow bicyclists to use sidewalks as alternative routes will give those cyclists more choices to determine the most comfortable and safest routes based on their own abilities. Adopt Resolution No. 04-134 allowing bicyclists to use sidewalks as alternative routes in and around the areas of and during construction of the Castaic Lake Water Agency Pipeline and Bouquet Canyon Road Bridge Widening projects. ITEM 9 CONSENT CALENDAR RUBBERIZED ASPHALT CONCRETE GRANT PROGRAM The Rubberized Asphalt Concrete Grant Program is administered through the California Integrated Waste Management Board (CIWMB). Projects will compete for approximately 5 $1,200,000 to fund portions of projects in $50,000.00 maximum increments throughout the state. Adopt Resolution No. 04-135 authorizing the City's 2004/2005 Rubberized Asphalt Concrete Grant application, a part of the Annual Overlay and Slurry Seal Programs; and direct staff to submit the completed grant application to the California Integrated Waste Management Board. ITEM 10 CONSENT CALENDAR LOCAL APPOINTMENTS LIST Section 54970 of the Government Code, also known as "The Maddy Act" requires that the legislative body must cause to be prepared a list of appointments of all ongoing boards, commissions and committees which are appointed by the City Council. Approve the Local Appointments List and designate the Valencia Public Library to receive a copy of the list. ITEM 11 CONSENT CALENDAR CHECK REGISTER NOS. 44 AND 45 Approval of the Check Registers. Adopt Resolution No. 04-136 to approve and ratify for payment the demands presented in Check Registers 44 and 45. Motion by McLean, second by Weste, to approve the Consent Calendar. On roll call vote: Ayes: McLean, Smyth, Weste, Ferry, Kellar Noes: None Absent: None Motion carried. ITEM 12 PUBLIC HEARING THE CONDEMNATION OF PROPERTY IN LOS ANGELES COUNTY, MASTER CASE NO. 04-361 (OAK TREE PERMIT NO. 04-034), A MITIGATED NEGATIVE DECLARATION AND A RESOLUTION OF NECESSITY FOR THE CONSTRUCTION AND REALIGNMENT OF THE VIA PRINCESSA EXTENSION Mayor Kellar noted the public hearing was opened on October 26, 2004 and continued to this time. In report, Jason Mikaelian, Associate Planner, advised that the City of Santa Clarita is requesting the use of its condemnation authority to secure 7.94 acres in permanent and temporary easements to realign and construct an extension of Via Princessa in Los Angeles County and to remove up to 34 oak trees. The project area is currently owned and maintained by the Fair Oaks Homeowners Association (HOA). As part of the January 2002 City Council approval of the adjacent Golden Valley Ranch development, the developer (PacSun LLC/ Pardee Homes) was directed to relocate Via Princessa up to 250 feet to the west to reduce potential environmental impacts. Since the developer was unable to reach an agreement with the property owner, the City is using its powers of condemnation to secure the land. No requests to speak were submitted on this item. I Ken Pulskamp, City Manager, explained the recommendation for continuance of this hearing. Motion by Smyth, second by Ferry, to continue the public hearing to the January 11, 2005 City Council Meeting. On roll call vote: Ayes: Smyth, Weste, Ferry, McLean, Kellar Noes: None Absent: None Motion carried. ITEM 13 PUBLIC HEARING APPEAL OF PLANNING COMMISSION'S APPROVAL OF FULL-SERVICE CAR WASH AT 18727 SOLEDAD CANYON ROAD Mayor Kellar opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required have been provided. Carl Newton, City Attorney, noted that Councilmembers Weste and McLean appealed this matter for the purpose as disclosed in the appeal letter, to bring the proposal up as an issue of importance to the community that justifies further public hearings and consideration by the Council and that it was not for any purpose related to any bias as to the outcome of the merits of the matter and that they can base their decision solely on the evidence produced in the hearing and the record of the City staff. Councilmembers Weste and McLean confirmed this as true. Jason Smisko, Associate Planner, advised that on September 7, 2004, the Planning Commission approved a Conditional Use Permit request for a proposed full-service car wash, office, retail, and vacuuming and drying off areas totaling approximately 15,000 square feet of enclosed buildings and/or roofed areas. The site is a hillside property subject to the approval of a Hillside Review Permit with an average cross slope of 25.9%. A lot line adjustment to remove the 150' horizontal property line dividing the two parcels would be necessary as part of the project in order to meet floor area ratio requirements. Addressing the Council on this item was Alan Ferdman representing the Canyon Country Advisory Committee; Herbert Lundberg representing the Water Wheel Car Wash; James DeMaegt representing the Water Wheel Car Wash; and Connie Worden Roberts representing the Transportation Committee. Marty Stowell, the applicant, commented on the car wash proposal. In response to inquiries from Councilmember Weste, Carrie Rogers, Economic Development Manager, commented on marketing and real estate perspective for the area. Mayor Kellar closed the public hearing. Motion by Smyth, second by Ferry, to deny the appeal and uphold the decision of the Planning Commission and to direct staff to return on December 14, 2004, with a resolution of the Council's determination of the project as a Consent Calendar item. On roll call vote: Ayes: Ferry, Smyth, Kellar Noes: Weste, McLean Absent: None Motion carried. RECESS AND RECONVENE Mayor Kellar called a recess at 8:07 p.m. and reconvened the meeting at 8:25 p.m. ITEM 14 PUBLIC HEARING MODIFICATIONS TO THE UNIFIED DEVELOPMENT CODE AND GENERAL PLAN (MASTER CASE 04-285 WHICH INCLUDES UNIFIED DEVELOPMENT CODE AMENDMENT 04-001 AND GENERAL PLAN AMENDMENT 04-004 Mayor Kellar opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required have been provided. Lisa Hardy, Planning Manager, introduced the item and thanked and recognized the efforts of Planning staff members, Kai Luoma, Senior Planner, Patrick LeClair, Associate Planner, and Fred Follstad, Senior Planner, who worked on this comprehensive review of the UDC. Fred Follstad, Senior Planner, advised that this is a request to modify the Unified Development Code (UDC) as part of the annual clean-up and maintenance of the document. This includes (1) a General Plan Amendment to place the Valley Center Concept overlay over the San Fernando Road corridor within Downtown Newhall Special Standards District; (2) a overhaul of the Permitted Use Charts, Parking and Definitions to make them consistent; (3) revisions to the Oak Tree Preservation Ordinance as it relates to single family residences; and (4) other minor changes, legal updates and corrections. Addressing the Council on this item regarding the Oak Tree Ordinance was Pat Saletore representing SCOPE who read from their letter submitted earlier today; Carole Lutness; David Lutness; Henry Schultz representing the Sierra Club who read from their letter (material submitted); Cam Noltemeyer; Isaac Lieberman representing SCOPE; Bruce McFarland; Colleen Knopf, and Cynthia Neal Harris. One written comments was submitted on this item. Motion by Weste, second by McLean, to separate the Oak Tree Preservation Ordinance from the remaining UDC amendments and to continue the public hearing on the UDC amendments to January 11, 2005 and to continue the public hearing on the Oak Tree Preservation Ordinance to February 8, 2005. 8 �.. On roll call vote: Ayes: Weste, Ferry, McLean, Smyth, Kellar Noes: None Absent: None Motion carried. ITEM 15 PUBLIC HEARING ADJUSTMENT OF FEES AND AMENDMENTS TO THE FEE SCHEDULE Mayor Kellar opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required have been provided. In report, Barbara Boswell, Finance Manager, advised that this public hearing is to consider amendments to the fiscal year 2004-05 fee schedule, including the addition of new development and film permit fees. Motion by Ferry, second by Weste, to waive the staff presentation. Hearing no objections, it was so ordered. -- No requests to speak were submitted on this item. Mayor Kellar closed the public hearing. Motion by Smyth, second by Weste, to adopt Resolution No. 04-137, establishing the amendment to the schedule of fees and charges for City services. On roll call vote: Ayes: Ferry, McLean, Smyth, Weste, Kellar Noes: None Absent: None Motion carried. ITEM 16 NEW BUSINESS REQUEST FOR PROPOSAL (RFP) FOR CREATIVE HOMELESS SERVICES IN THE CITY OF SANTA CLARITA Tina Haddad, Management Analyst, advised that on September 14, 2004 the City Council authorized the City Manager to advertise a Request for Proposal (RFP) in the amoun of $36,000 for an organization to recommend and administer a creative homeless services program model which can manage the care of the homeless population in the City of Santa Clarita. The RFP was released on September 15, 2004 and advertised in the Signal Newspaper and funding alert programs administered by the Los Angeles Homeless Services Authority (LAHSA) and Shelter Partnerships. The RFP was also mailed out to several non-profit agencies in Los Angeles County that provide services to the homeless. Addressing the Council on this item was Sandie Earp, Carole Lutness, David Lutness, Rabbi Steve Conn representing Congregation Beth Shalom, and Vivian Renee Toensing who read statements provided by Pastor Martin Brauer representing Lutheran Social Services and Bethlehem Lutheran Church. Three written comments were received on this item. In response to inquiries from Council, Linda Malerba, Program Director, and Claire O'Gara, Area Director, representing Lutheran Social Services, provided additional information. Motion by Smyth, second by Weste, to authorize the City Manager to enter into a contract with Lutheran Social Services of Southern California in the amount of $36,000 to manage the care of the homeless population in the City of Santa Clarita. On roll call vote: Ayes: McLean, Smyth, Weste, Ferry, Kellar Noes: None Absent: None Motion carried. ADJOURNMENT Mayor Kellar adjourned the meeting at 9:44 p.m. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, December 14, 2004 at 6:00 p.m. in the Council Chamber, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: CITY CLERK 04Nov23m.doc 10