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HomeMy WebLinkAbout2005-04-12 - 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. APRIL 12, 2005 CALL TO ORDER Mayor Smyth called to order the special meeting of the City Council at 5:02 p.m. ROLL CALL All Councilmembers were present with the exception of Councilmember Kellar whose flight was delayed. 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 LABOR NEGOTIATOR Government Code Section 54957.6 Agency Negotiator: City Manager or designee Unrepresented Employees: All positions not represented by SEN Local 347 Agency Negotiator: City Manager or designee Represented Employees: All positions represented by SEN Local 347 CONFERENCE WITH LEGAL COUNSEL — Pending Litigation Government Code Section 54956.9 (a) Case Name: City of Santa Clarita v. Santa Clarita LLC, et al. Los Angeles County Superior Court Case No. BC 259442 Case Name: LAEDC, et al. v. California Regional Water Quality Control Board et al. Los Angeles County Superior Court Case No. BS 080792 Case Name: Weyerhaeuser Company v. City of Santa Clarita Los Angeles County Superior Court Case No. PC 036384 Case Name: Bankruptcy RFI Realty, Inc., et al., Debtors U S Bankruptcy Court for the District of Arizona Case No. 2:04-10486-CGC RECESS AND RECONVENE Mayor Smyth recessed the meeting to Closed Session at 5:03 p.m. and reconvened the meeting at 6:08 p.m. All Councilmembers were present. CITY ATTORNEY ANNOUNCEMENT Carl Newton, City Attorney, announced that in Closed Session and by unanimous vote, Council authorized that an appeal be filed in the LAEDC, et al. v. California Regional Water Quality Control Board et al. case; and authorized the City Attorney and the firm of Burke, Williams & Sorenson to defend the interest of the City in the Weyerhaeuser Company v. City of Santa Clarita case. ADJOURN Mayor Smyth adjourned the meeting at 6:09 p.m. CITY CLERK'S ANNOUNCEMENT Susan Coffman, Deputy 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 Ferry gave the invocation. CALL TO ORDER Mayor Smyth called to order the regular meeting of the City Council at 6:10 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember Ferry asked Susan Coffman, Deputy City Clerk, to lead the flag salute. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Kellar commented on his trip to Washington D.C. to meet with legislators and lobbyists, and the Chamber of Commerce. Mayor Pro Tem Weste commented on a recent meeting of the Executive Advisory Committee; the opening of Heritage Park on Saturday, April 16 at 10:00 a.m.; the Golden Valley High School dedication; the Arthritis Walk on Sunday, May 15; and reminded that West Nile Virus information is available. Councilmember McLean extended a thank you to former Councilmember Jan Heidt for her continued work on the Vector Control Board; commented on the Emergency Expo scheduled for Saturday April 16; the efforts of the Women's Business Center in assisting local businesses; Sheriff's Driver Training Event utilizing simulators; and discussion of CDBG funds at the League of California Cities Community Services policy meeting. Councilmember Ferry commented on his weight loss success; the groundbreaking for the $22 million expansion at Henry Mayo Newhall Memorial Hospital; the City's Summer Camp Programs; the Los Angeles County Sheriff's STAR Program; and the Cowboy Festival scheduled for April 27 — 30. Councilmember Ferry introduced the Buckaroo Balladeers who serenaded the audience with a Gene Autry tune. Mayor Smyth commented on the Healthy Santa Clarita Program; and the fight against the Las Lomas project. AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Smyth noted that during the SBC Golf Classic, an economic impact survey was conducted with 863 surveys returned. A drawing was held from the surveys returned and Steve Seyfried's name was drawn as the winner of a golf putter donated by the Roger Dunn Golf Shop in Newhall. Mayor Smyth and Councilmembers presented Mr. Seyfried with his new putter. Mayor Smyth and Councilmembers presented proclamations honoring National Library Week to Susan Broman representing the Canyon Country Jo Anne Darcy Library and Judy Hist representing the Newhall Library; Andrea Kish representing the Valencia Library was unable to attend. Leslie Bretall representing the College of the Canyons Library was also present on behalf of the One Book, One Santa Clarita committee. PRESENTATIONS TO THE CITY Mayor Smyth and Councilmembers presented proclamations honoring Records and Information Management Month and Municipal Clerk's Week to Sharon Dawson, City Clerk, and members of her staff. PUBLIC PARTICIPATION Addressing the Council at this time was Henry Schultz regarding the anticipated level of service at traffic intersections in the proposed Riverpark development; Doris and Kent Carlson regarding film permits; Bill Wittenberg regarding a new traffic signal on Bouquet Canyon near Best Buy; Chris Fall representing Blue Barrel/Waste Management who provided an update on trash and recycling efforts; Scott Bruckner representing Santa Clarita Artist Association regarding a Santa Clarita Art Gallery; and William Watford regarding Unity Days. STAFF COMMENTS Ken Pulskamp, City Manager, stated that staff will contact Mr. Schultz and provide traffic data; commented on the limited staff in the film office; the serious accidents at the Best Buy location that warrant a new signal; and indicated that staff will meet with Mr. Bruckner regarding the Santa Clarita Artist Association. Mr. Pulskamp also extended a thank you to William Watford for his work on Unity Days. EXECUTIVE MEETING This time has been set aside for Councilmembers to review the agenda and obtain any further information that may be added. Carl Newton, City Attorney, advised that a request had been received from the applicant on Item 13, the Riverpark Development Project, to continue the matter to the May 24, 2005 City Council meeting. Sharon Dawson, City Clerk, advised that 2 requests to speak had been submitted for Item 13; one from Connie Worden-Roberts who indicated she would hold her comments until May 24, and another from Lynne Plambeck who spoke regarding her concern for protecting the Santa Clara River and wildlife and requested that any proposed houses be removed from the floodplain area. Motion by Weste, second by Kellar, to continue Item 13, Riverpark Development Project, to the meeting of May 24, 2005. On roll call vote: Ayes: Ferry, McLean, Weste, Kellar, Smyth Noes: None Absent: None Motion carried. APPROVAL OF AGENDA Motion by Kellar, second by McLean, to approve the agenda. Hearing no objections, it was so ordered. APPROVAL OF MINUTES Motion by Kellar, second by Weste, to approve the minutes of the March 22, 2005 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 INTENTION TO VACATE OLD SOLEDAD CANYON ROAD SOUTHERLY OF SHADOW PINES BOULEVARD The City of Santa Clarita entered into a legal settlement agreement with the D'Egidio's requiring that a portion of Old Soledad Canyon Road be vacated with certain Terms and Conditions. Adopt Resolution No. 05-29 declaring Council's intention to order the vacation of a portion of Old Soledad Canyon Road as required by the Terms and Conditions set forth in a legal settlement agreement reached between the D'Egidio's and the City of Santa Clarita, dated June 28, 2004; set May 24, 2005 as the date of the public hearing; and direct the City Clerk to publish and post notices as required by Part 3 of Division 9 of the Streets and Highways Code. ITEM 3 CONSENT CALENDAR TRANSFER OF STORM DRAIN MTD NOS. 1515 AND 1548 TO THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT These storm drains have been constructed to the satisfaction of the Los Angeles County Flood Control District and are ready for transfer. County procedures require that each storm drain transfer request be accompanied by a resolution. Adopt Resolution No. 05-30 for the transfer and conveyance of Miscellaneous Transfer Drain (MTD) No. 1515 and adopt Resolution No. 05-31 for the transfer and conveyance of Miscellaneous Transfer Drain (MTD) No. 1548 to the Los Angeles County Flood Control District. ITEM 4 CONSENT CALENDAR CHAPTER 8 AGREEMENT NO. 2478 TO PURCHASE LOS ANGELES COUNTY TAX - DEFAULTED PROPERTY, APN NO. 2842-033-020 - TRACT 48892, SIERRA HIGHWAY ROAD WIDENING As the developer does not have the privilege, the City desires to purchase this property in order for the road widening to proceed. Approve Chapter 8 Agreement No. 2478 to purchase Los Angeles County Tax -Defaulted Property, APN No. 2842-033-020, subject to City Attorney approval; appropriate funds in the amount of $1417.00 from the Eastside Bridge & Thoroughfare Account No. 302-6193 to expenditure Account No. 4362-8620 for the property purchase and additional fees necessary to facilitate the publication and transfer fees; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 5 CONSENT CALENDAR TRANSIT MAINTENANCE FACILITY, PROJECT NO. F0003 — AWARD THE DESIGN - BUILD CONTRACT FOR THE PHOTOVOLTAIC (SOLAR) BUS CANOPY SYSTEM The Transit Maintenance Facility is an environmentally sensitive project using state-of-the-art energy efficient methods. The inclusion of a photovoltaic bus canopy system will enhance the sustainable design of the facility and help to offset operating costs. Award the design -build contract for a photovoltaic canopy system to Fedcon General Contractors as an additional service to Contract No. 03-00512 for the Transit Maintenance Facility, Project No. F0003, in an amount not to exceed $1,377,562.41; increase revenue Account No. 801-6714 by $511,929.00, which represents the maximum reimbursement amount due to the City; appropriate $511,929.00 to Account No. F0003801; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 6 CONSENT CALENDAR CANYON VIEW REGIONAL TRAIL ACCESS, PROJECT NO. T3002 - APPROVE THE PLANS AND SPECIFICATIONS AND AWARD THE CONSTRUCTION CONTRACT This project consists of the construction of a Class I Bike Path and Pedestrian Walkway Trail for a segment of the Santa Clarita Regional Trail along the north bank of the Santa Clara River in the 5 Canyon Country area. Approve the plans and specifications and award the construction contract for the Canyon View Regional Trail Access, Project No. T3002, to G Coast Construction, Inc. in the amount of $626,095.56, and authorize a 15 percent contingency in the amount of $93,914.33; appropriate $100,000.00 from City Council Contingency Account No. 2250-7401 to Account No. T3002452-8001; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 7 CONSENT CALENDAR TAX SHARING RESOLUTION FOR SANITATION DISTRICT ANNEXATION NO. 347 Los Angeles County Sanitation District Nos. 26 and 32 provide wastewater treatment services cooperatively through the Santa Clarita Valley Joint Sewerage System. To provide wastewater treatment service to property located outside of the District's service area, the boundary must be expanded through the annexation process. As part of this process, a tax -sharing resolution to provide the required funding to the Sanitation District is adopted by the public agency responsible for providing services to the subject property. Adopt Resolution No. 05-32 approving and accepting the negotiated exchange of property tax revenues resulting from Sanitation District Annexation No. 347. ITEM 8 CONSENT CALENDAR AMENDMENT TO CONTRACT FOR BUS CHARTER SERVICES In December 2004, a contract was awarded to Laidlaw Education Services and signed by the City Manager for bus charter services, for use by the Community Center and Youth and Family Programs. In March 2005, the Day Camp Bus Schedule was developed and staff concluded that it would be in the best interests of the City to amend the original Laidlaw contract to include the day camp bus charter services requirements. Authorize the City Manager or designee to approve an amendment to the contract of Laidlaw Education Services, in the amount of $68,773.66, and a contingency of 10% at $6,877.36, from account number 7291-8110. ITEM 9 CONSENT CALENDAR ACCEPTANCE OF $600,000 HOME INVESTMENT PARTNERSHIP PROGRAM GRANT AWARD Pursuant to the City Council's adoption of Resolution 04-117, staff competed for and won a $600,000 grant from the State Department of Housing & Community Development to provided First -Time Home Buyer program in Santa Clarita. Direct the City Manager to enter into an agreement with the State of California, Department of Housing and Community Development to implement a first time home buyer program. Increase revenue account 102-5223 by $600,000, and appropriate $600,000 to expenditure account 2711-8001. Appropriate $132,388 from HOME Fund Balance to account 2711-8001. ITEM 10 CONSENT CALENDAR INITIATING THE BALLOT PROCESS FOR ANNEXING THE NORTHPARK AND STONECREST LANDSCAPE MAINTENANCE DISTRICTS INTO THE CITY DISTRICTS 0 Resolution calling for Engineer's Reports detailing the ballot procedure for annexation and annual levy of assessments for the Northpark and Stonecrest landscape Maintenance District Areas for Fiscal Year 2006/07, and calling for a Public Meeting and Public Hearing on the proposed ballots and annexation. Adopt Resolution Nos. 05-33 and 05-34 to Initiate Assessment Ballot Procedures, initiate Proceedings for the Annexation, Annual Levy of Assessments, for Fiscal Year 2006/2007, approve the Preliminary Engineer's Reports, set the Public Meeting for May 24, 2005, and set the Public Hearing for June 14, 2005. ITEM 11 CONSENT CALENDAR CHECK REGISTER NOS. 11 AND 12 Approval of the Check Registers. Adopt Resolution No. 05-35 to approve and ratify for payment the demands presented in Check Registers 11 and 12. Motion by Kellar, second by Ferry, to approve the Consent Calendar. On roll call vote: Ayes: McLean, Weste, Kellar, Ferry, Smyth Noes: None Absent: None Motion carried. ITEM 12 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, February 8, 2005 and April 12, 2005 City Council meetings. Sharon Dawson, City Clerk, stated that all notices required have been provided. Jason Mikaelian, Associate Planner, advised that the City of Santa Clarita is requesting to realign and construct an extension of Via Princessa on property in Los Angeles County and to remove up to 37 oak trees. The original request for the City to use its condemnation authority to secure the subject property is no longer necessary because a settlement agreement was reached between the property owner (Fair Oaks Homeowners Association) and the developer (Pardee Homes) to convey the property to the City. Addressing the Council on this item was Jim Bizzelle, Vice President of Community Development for Pardee Homes, who confirmed that an agreement was reached with the homeowners' association. Mayor Smyth closed the public hearing. 7 Motion by Ferry, second by Kellar, to adopt Resolution No. 05-36 approving Master Case No. 04-361 (Oak Tree Permit No. 04-034) and adopt a Mitigated Negative Declaration for the removal of up to 37 oak trees on property in Los Angeles County for the realignment and construction of the Via Princessa extension; and not proceed with the condemnation proceedings or execute the required documents including an Eminent Domain Compliant to initiate immediate taking proceedings for property in Los Angeles County for the realignment and construction of the Via Princessa extension. On roll call vote: Ayes: Weste, Kellar, Ferry, McLean, Smyth Noes: None Absent: None Motion carried. ITEM 13 UNFINISHED BUSINESS RIVERPARK DEVELOPMENT PROJECT Through action taken earlier during the meeting, this item was continued to the May 24, 2005 City Council meeting. In report, Jeff Hogan, Senior Planner, advised that this item is to consider final approval of documents for the proposed development of a 695.4 acre site in the center of the City. ITEM 14 NEW BUSINESS AMENDMENT TO COMMERCIAL FRANCHISE AGREEMENT WITH BURRTEC WASTE INDUSTRIES TO EXECUTE NEW IMPLEMENTATION DEADLINES Travis Lange, Environmental Services Manager, advised that pursuant to the Commercial Franchise Agreement, Burrtec is required to site and build a Materials Recovery Facility (MRF) in the City and to use alternative fueled vehicles for their collection services. Although Burrtec has demonstrated good faith efforts to comply with the Franchise Agreement, they will not be able to implement the requirements within the time frames outlined by the Agreement. Carl Newton, City Attorney, advised that a revised resolution and First Amendment to the Agreement between the City and Burrtec for Commercial Solid Waste Management Services had been prepared for Council consideration on this item which was distributed to the Council at the beginning of the meeting. Addressing the Council on this item was Chuck Tobin representing Burrtec. No requests to speak were submitted on this item from the public. Amended motion by Weste, second by Kellar, to approve Resolution No. 05-37 approving the First Amendment to the "Agreement Between City of Santa Clarita and Burrtec Waste Industries, Inc. for Commercial Solid Waste Management Services" (Franchise Agreement) to execute new implementation deadlines for the siting and construction of a Materials Recovery Facility (MRF) and the use of alternative fueled vehicles, with the dates to be six months after the appeal hearing date. On roll call vote: Ayes: Kellar, Ferry, McLean, Weste, Smyth Noes: None Absent: None Motion carried. ADJOURNMENT Mayor Smyth adjourned the meeting at 7:58 p.m. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, April 26, 2005 at 6:00 p.m. in the Council Chamber, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: CITY CLERK CLERK 05Apr12m.dm O