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HomeMy WebLinkAbout2005-02-08 - MINUTES - SPECIAL REGULAR (2)CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF SPECIAL MEETING 5:00 P.M. MINUTES OF REGULAR MEETING 6:00 P.M. FEBRUARY 8, 2005 CALL TO ORDER Mayor Smyth called to order the special meeting of the City Council at 5:05 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: Bankruptcy RFI Realty, Inc., et al., Debtors, United States Bankruptcy Court for the District of Arizona Case No. 2-04-bk-10486-CGC Conference with real property negotiator Government Code Section 54956.8 Property Location: Approximately 53 acres south of the Antelope Valley Freeway and east of Oak Springs Canyon Road Owner: Rasmussen Under Negotiation: Price and Terms 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 RECESS AND RECONVENE Mayor Smyth recessed the meeting to Closed Session at 5:06 p.m. and reconvened the meeting at 6:09 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 Smyth adjourned the meeting at 6:10 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 Kellar gave the invocation. CALL TO ORDER Mayor Smyth called to order the regular meeting of the City Council at 6:12 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember Kellar led the flag salute. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Ferry made no report/comments. Councilmember Mclean reported on her and Mayor Pro Tem Weste's visit to Chino Hills' Big League Dreams site including a picture presentation; the Los Angeles County Division of the League of CA Cities meeting held in Montebello; the sub -committee meeting for the City's Materials Recovery Facility and potential problems with the site which staff will be working with Burrtec to resolve; and the Forest Management Plan which will be available in May, hopefully with the City's input. Mayor Pro Tem Weste reported on the visit to the Big League Dreams site, noted that it is a major economic and tourism generator, and requested that staff be directed to investigate the matter further; requested that the meeting be adjourned in memory of Steve Jauregui; and commented that the City is proceeding with the Materials Recovery Facility. Council consensus to direct staff to further investigate the Big League Dreams venture. Councilmember Kellar commented on the traffic situation which has been made worse with the damage to and closure of roads, the repairs currently underway by the County of Los Angeles will take some time to complete due to the extent of the damage as depicted in a picture presentation; and noted that The Signal newspaper held their newsmaker awards last Friday night where the Ruth Newhall Award was presented to Connie Worden-Roberts. Mayor Smyth made no report/comments. AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Smyth and Councilmembers presented certificates to William Brown, Sam Shepard and 2 Bill Whitaker for their efforts in apprehending a robbery suspect on November 19, 2004. Mr. Shepard's brother was also recognized for his involvement in the apprehension. PRESENTATIONS TO THE CITY There were none. PUBLIC PARTICIPATION There was none. STAFF COMMENTS There were none. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be added. APPROVAL OF AGENDA Motion by Kellar, second by Weste, to approve the agenda, pulling Items 2, 4, 7 and 8 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 January 25, 2005 regular City Council meeting as submitted. Hearing no objections, it was so ordered. RECESS TO SANTA CLARITA REDEVELOPMENT AGENCY Mayor Smyth recessed the meeting to the Redevelopment Agency meeting at 6:35 p.m. RECONVENE CITY COUNCIL MEETING Mayor Smyth reconvened the meeting of the City Council at 6:50 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. ITEM 2 CONSENT CALENDAR CONTINUATION OF LOCAL EMERGENCY 14 -day ratification of resolution proclaiming existence of a local emergency. Approve and ratify existing Resolution proclaiming existence of a local emergency. 3 Ken Pulskamp, City Manager, provided an update on the storm damage and advised that both a State and Federal declaration have been made. An assistance center will be opened in Castaic by the end of the week; individuals need to pre -register with FEMA for assistance. ITEM 3 CONSENT CALENDAR CONSIDERATION OF RESOLUTION DENYING PERMIT FOR A TATTOO PARLOR AND ART GALLERY AT 23630 SAN FERNANDO ROAD (MASTER CASE 04-155, MINOR USE PERMIT 04-016) At the public hearing on January 25, 2005, the Council directed staff to return with a resolution of denial as a Consent Calendar item on the February 8, 2005 City Council meeting. Adopt Resolution No. 05-16 to deny Minor Use Permit 04-016 for a tattoo parlor and art gallery at 23630 San Fernando Road. ITEM 4 CONSENT CALENDAR EMERGENCY CHANNEL CLEARING OF NEWHALL CREEK AND EMERGENCY WORK AT SAND CANYON WASH AT THE LOST CANYON BRIDGE - AWARD CONTRACT FOR EMERGENCY EXCAVATION OF NEWHALL CREEK Damage caused by recent storms and flooding resulted in an emergency situation when Newhall Creek overflowed into the Polynesian Mobile Home Park. The excavation of Newhall Creek was required to prevent further damage. This action is to appropriate funds for the excavation and authorize the contractor to increase the scope of work. Further damage was caused at the Sand Canyon Wash at the Lost Canyon Bridge. This item seeks funding to perform emergency work. Find that there is sufficient evidence that the urgency of this situation will not permit the delay of competitive bidding for the contractual services being performed; appropriate a $270,000 grant from the State Office of Emergency Services to the Storm Drain Transfer Account No. M0032453; appropriate a $180,000 grant from the United States Department of Agriculture Natural Resources Conservation Service (NRCS); increase anticipated revenue Account No. 001-6714 by $30,600; appropriate $40,000 from the City Council Contingency Account No. 2250-7401 to Account No. M0032001; and authorize the City Manager or designee to increase the scope of work of the emergency contract with Jimmie D. Foster Grading to provide storm related clean up. Hunt Braly, representing the homeowners of Polynesian Park, thanked staff for their help with the cleanup from storm damage and requested additional assistance from the City Attorney by looking into provisions of the Civil Code to possibly declare a public nuisance due to the property owner not maintaining the common areas. Carl Newton, City Attorney, acknowledged that his office would look into the issue and report back to the Council. ITEM 5 CONSENT CALENDAR BONNIE VIEW AVENUE AND SCHERZINGER LANE - ESTABLISH NO -STOPPING ZONES Establish no -stopping zones along the south side of Bonnie View Avenue and along the west side of Scherzinger Lane. Adopt Resolution No. 05-17 establishing a no -stopping zone along 4 the south side of Bonnie View Avenue and along the west side of Scherzinger Lane, south of Sierra Cross Avenue. ITEM 6 CONSENT CALENDAR COMMUNITY SERVICES GRANT PROGRAM - PROJECT RECOMMENDATIONS FOR FISCAL YEAR 2004-05 Each year a Community Services Grant Committee is assembled to determine funding categories, review and rate applications, and make final funding recommendations. Approve Community Services Grant Committee's Project Recommendation List for Fiscal Year 2004-05 in an amount not to exceed $75,650, and direct staff to execute agreements approved for funding. Authorize City Manager or designee to sign all documents pursuant to City Attorney approval. ITEM 7 CONSENT CALENDAR RESOLUTION APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE CITY OF SANTA CLARTTA'S VEHICLE LICENSE FEE RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH In FY 2003-04 the State of California failed to make full Vehicle License Fee (VLF) payments (totaling approx. $2.8 million) to the City. Technically, this constituted an interest free "loan" from cities and counties to the State and is commonly referred to as the "VLF Backfill Gap". The State has promised to make these VLF Gap Loan payments by August 15, 2006; however there is some doubt as to whether the State can, or will, make these payments as promised. The VLF Gap Loan Program provides the City an opportunity to receive its funds now, less financing costs of up to 10%, as opposed to waiting to August 2006, or possibly not receiving the funds at all. Adopt Resolution No. 05-18 approving the form of and authorizing the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the City of Santa Clarita's vehicle license fee receivable from the state; and directing and authorizing certain other actions in connection therewith; authorize the City Manager to sign all documents subject to City Attorney approval. In response to request from Councilmember McLean, Ken Pulskamp, City Manager, explained the purpose of this item and how the City will benefit. ITEM 8 CONSENT CALENDAR SALES TAX REBATE AGREEMENT To increase sales tax revenue, staff is recommending to enter into a 10 year agreement with Kolesar & Associates. The City will rebate sales tax revenue to Kolesar & Associates for each sales tax generating business they bring to the City. Approve the agreement with Kolesar & Associates, and direct the City Manager to execute all documents necessary to implement the Agreement, subject to the City Attorney's approval. In response to request from Councilmember Mclean, Ken Pulskamp, City Manager, explained the purpose of this item and how the City will benefit. 5 ITEM 9 CONSENT CALENDAR CHECK REGISTER NOS. 03 AND 04 Approval of the Check Registers. Adopt Resolution No. 05-19 to approve and ratify for payment the demands presented in Check Registers 03 and 04. Motion by Weste, second by Kellar, to approve the Consent Calendar. On roll call vote: Ayes: McLean, Weste, Kellar, Ferry, Smyth Noes: None Absent: None Motion carried. ITEM 10 PUBLIC HEARING 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 Smyth noted that the public hearing was opened on October 26, 2004 and continued to the November 23, 2004, January 11, 2005 and February 8, 2005 City Council meetings. Sharon Dawson, City Clerk, stated that all notices required have been provided. 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 37 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. Carl Newton, City Attorney, advised that the parties were close to negotiating an agreement; the extension of time would allow for that process to be completed. No requests to speak were submitted on this item Motion by Weste, second by Ferry, to continue the public hearing to the April 12, 2005 City Council Meeting. On roll call vote: Ayes: Weste, Kellar, Ferry, McLean, Smyth Noes: None Absent: None Motion carried. ITEM 11 PUBLIC HEARING OAK TREE ORDINANCE REVISION PROCESS Mayor Smyth noted the public hearing was opened at the November 23, 2004 meeting and continued to this time. Sharon Dawson, City Clerk, stated that all notices required have been provided. Chris Daste, Field Services Director, introduced the staff members involved with this project. David Peterson, Management Analyst, and William Wittkopf, Facilities Manager, advised that in February of 2004, staff was directed by the City Council and the Planning Commission to revise the existing Oak Tree ordinance as it apply to residents. Ordinance revisions cover pruning, encroachment, and removal of oak trees on properties that are occupied by a single family home. Addressing the Council on this item was Maria Gutzeit; Henry Schultz representing the Sierra Club; Lynne Plambeck representing SCOPE; Connie Worden-Roberts; and Hadassa Foster. Mayor Smyth closed the public hearing. Motion by Ferry, second by Kellar, to introduce an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 17.17.090 OF TITLE 17, OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING OAK TREE PRESERVATION," and schedule the ordinance for a second reading on February 22, 2005. On roll call vote: Ayes: Kellar, Ferry, McLean, Weste, Smyth Noes: None Absent: None Motion carried. ITEM 12 PUBLIC HEARING FIRST READING OF AN ORDINANCE REPEALING CHAPTER 13.24 NEWS VENDING MACHINES OF THE SANTA CLARITA MUNICIPAL CODE AND ADOPTING CHAPTER 13.24 NEWSRACKS Mayor Smyth opened the public hearing. Sharon Dawson, City Clerk, stated that all notices required have been provided. In report, Christopher Price, Assistant City Engineer, advised that this item is for revising and/or adding sections addressing newsrack priority; obtaining a newsrack permit; changing permit validity from one year to two years; standards for maintenance and display of newsracks; special standards district; abatement, impound, and appeal provisions; and summary abatement. No requests to speak were submitted on this item. D] Mayor Smyth closed the public hearing. Motion by Kellar, second by Weste, to introduce and pass to second reading on February 22, 2005 an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, REPEALING CHAPTER 13.24 OF TITLE 13, DIVISION 1 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE REGULATION OF NEWS VENDING MACHINES IN THE PUBLIC RIGHT-OF-WAY AND ENACTING A NEW CHAPTER 13.24 OF TITLE 13, DIVISION 1 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING THE REGULATION OF NEWSRACKS IN THE PUBLIC RIGHT-OF-WAY." On roll call vote: Ayes: Ferry, McLean, Weste, Kellar, Smyth Noes: None Absent: None Motion carried. ADJOURNMENT Mayor Smyth adjourned the meeting at 8:02 p.m. in memory of Steve Jauregui. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, February 22, 2005 at 6:00 p.m. in the Council Chamber, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: CITY CLERK 05Feb8m.dx E ,e! —