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HomeMy WebLinkAbout2010-08-24 - AGENDA REPORTS - MINUTE APPROVAL (2)Agenda Item: CITY OF SANTA CLARITA JOINT CITY COUNCIL / REDEVELOPMENT AGENCY AGENDA REPORT City Manager Approval: CONSENT CALENDAR Item to be presented by: Sarah P. Gorman DATE: August 24, 2010 SUBJECT: APPROVAL OF MEETING MINUTES DEPARTMENT: Administrative Services RECOMMENDED ACTION City Council approve minutes of the July 13, 2010, special and regular meetings of f the City Council. Redevelopment Agency approve the minutes of the July 13, 2010, regular meeting of the Redevelopment Agency. BACKGROUND The minutes from the previous City Council and Redevelopment Agency meetings are submitted for approval. ALTERNATIVE ACTIONS Amendments to the minutes may be approved as necessary FISCAL IMPACT None by this action. ATTACHMENTS Minutes MINUTES OF JOINT REGULAR MEETING CITY OF SANTA CLARITA REDEVELOPMENT AGENCY JULY 13, 2010 CALL TO ORDER Chair/Mayor Weste called the meeting of the Redevelopment Agency to order at 7:18 p.m. ITEM 1 CONSENT CALENDAR APPROVAL OF MEETING MINUTES The minutes of the previous City Council and Redevelopment Agency meetings are submitted for approval. City Council: Approve the amended minutes of the June 22, 2010, special and regular meetings, and the June 28, 2010, special meeting of the City Council. Redevelopment Agency: Approve the amended minutes of the June 22, 2010, regular meeting of the Redevelopment Agency. ITEM 2 CONSENT CALENDAR EXTEND NOMINATION PERIOD FOR COMMISSION/PANEL VACANCIES At the joint regular meeting of May 11, 2010, the City Council and Redevelopment Agency declared vacancies and set the application period for open positions on various commission and panels. Extend the application period for the vacancies on the Planning Commission, Parks, Recreation and Community Services Commission, Arts Commission, Open Space Preservation District (OSPD) Financial Accountability and Audit Panel, and the Newhall Redevelopment Committee to August 6, 2010; and direct City Clerk to republish the Notice of Vacancy. Addressing the Agency/Council on this item was Bruce McFarland. ITEM 3 CONSENT CALENDAR ADOPT RESOLUTIONS ESTABLISHING PURCHASING POLICIES AND PROCEDURES The Government Code requires local agencies adopt procedures for the procurement of 'goods and services. By this action the Agency will adopt the purchasing policies and procedures of the City of Santa Clarita. Redevelopment Agency: Adopt Resolution No. RDA 10-7 adopting public contracting and purchasing procedures; adopt Resolution No. RDA 10-8 adopting the City of Santa Clarita's Purchasing Policy Manual and adopt Resolution No. 10-9 adopting various purchasing -related policies. Motion by Kellar, second by McLean, to approve Items 1-3 of the Consent Calendar. On roll call vote: Ayes: Ender, Kellar, McLean, Ferry, Weste Noes: None Absent: None Motion carried. ITEM 4 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 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 5 CONSENT CALENDAR STATE LEGISLATION SB 974 (Steinberg) seeks to make two substantial changes to the Enterprise Zone program. -,which would greatly decrease its value to employers as a means of funding an unrelated tax credit for providing vocational training. AB 2476 (Perez) proposes to modify the definition- of:,the Targeted Employment Area hiring credits, raising the percentage threshold of low income persons living in an area from 51 % to 61 % in order for that area to qualify as a Targeted Employment Area. Adopt the recommendation of the City Council Legislative Committee and direct staff to submit letters to appropriate Members of the California Legislature, in opposition to: SB 974 (Steinberg) and AB 2476 (Perez). Provide staff with authorization to transmit a position of opposition to State legislation detrimental to the City's Enterprise Zone. ITEM 6 CONSENT CALENDAR 2009-10 ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECTS M0069, M1011, AND T0029 - PROJECT ACCEPTANCE This program improved and upgraded the City's sidewalk and drainage system by removing and replacing the existing damaged concrete sidewalks and curb and gutter systems caused by tree root infiltration and pavement settlement. Accept the completion of. the 2009-10 Annual Concrete Rehabilitation Program, Projects M0069, M1011, and T0029; direct the City Clerk to file the Notice of Completion; and direct staff to release the remaining retention 35 days after the Notice of Completion is recorded, provided no stop notices have been filed, as provided by law. ITEM 7 CONSENT CALENDAR 2009-10 ANNUAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M0071 - AWARD CONSTRUCTION CONTRACT The Annual Overlay and Slurry Seal project is an integral part of the City's pavement management program and provides pavement and slurry seal asphalt maintenance treatments to selected City streets. Approve the plans and specifications for the 2009-10 Annual Overlay and Slurry Seal Program, Project M0071; find the bid of Toro Enterprises, Inc., to be non-responsive and award the construction contract to Sully -Miller Contracting Company in an amount not to RDA Minutes 2 July 13, 2010 exceed $1,018,577 including contingency; authorize an additional expenditure in the amount of $77,000 from Expenditure Account M0071306-5161.001 to Pavement Engineering, Inc., for the annual citywide pavement inspection and the updates for the Pavement Management System; authorize the continuance of funds from Account M0071230-5161.001 in the amount of $408,838.96 from Fiscal Year 2009-10 to Fiscal Year 2010-11; authorize the following transfers: $111,972 from the 2010-11 Overlay and Slurry Seal Program Account M0077230-5161.001 to the 2009-10 Overlay and Slurry Seal Program Account M0071230-5161.001; and $709,766 from the 2010-11 Overlay and Slurry Seal Program Account M0077306-5161.001 to the 2009-10 Overlay and Slurry Seal Program Account M0071306-5161.001; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 8 CONSENT CALENDAR ASPHALT ROADWAY REHABILITATION PROJECT PHASE I AND II, PROJECTS M0072 AND M0073 - PROJECT ACCEPTANCE The Asphalt Roadway Rehabilitation Project Phase I and II, Projects M0072 and M0073, augmented the City's pavement management program (funded by the American Recovery and Reinvestment Act) and added pavement asphalt maintenance treatments to selected City streets. Accept the completion of the Asphalt Roadway Rehabilitation Project Phase I and II, Projects M0072 and M0073, Federal -Aid Projects ESPL-5450 (48 and 50); direct the City, -,.Clerk,. to file the Notice of Completion; and direct staff to release the remaining retention 35 days after the Notice of Completion is recorded, provided no stop notices have been filed, as provided by law. ITEM 9 CONSENT CALENDAR AUTHORIZE THE PURCHASE OF STREET NAME SIGNS FROM SAFEWAY SIGN COMPANY - OVERHEAD SIGN PROJECT C0029 The final purchase of 111 street name signs will allow staff to complete the remaining sign installation for this project. Authorize the purchase of 111 street name signs from Safeway Sign Company in the amount of $85,610, plus a 10 percent contingency of $8,561, for a total contract amount of $94,171, and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. Speaking on this item were Alan Ferdman and Tony Natoli. City Manager Ken Pulskamp discussed the safety issues raised by street signs. ITEM 10 CONSENT CALENDAR RESOLUTION AUTHORIZING A FUNDING REQUEST FOR THE CALRECYCLE USED OIL PAYMENT PROGRAM The City's Used Oil Collection Program used to be funded by an annual block grant from the state. The procedure has changed and the City must now apply for reimbursement of funds for the collection of used oil and oil filters through the newly created CalRecycle Used Oil Payment Program. Adopt Resolution No. 10-55 authorizing a funding request for the CalRecycle Used Oil Payment Program. RDA Minutes 3 July 13, 2010 ITEM 11 CONSENT CALENDAR INTENTION TO VACATE SAN FERNANDO ROAD BETWEEN LYONS AVENUE AND 11TH STREET REQUIRED FOR THE CONSTRUCTION OF THE OLD TOWN NEWHALL LIBRARY The vacation of San Fernando Road, from the northerly right-of-way line of Lyons Avenue to the southerly right-of-way line of 11th Street and the westerly right-of-way line of Railroad Avenue, is a prerequisite for construction of the Old Town Newhall Library, allowing for the relocation of underground utilities and removal of existing street improvements. Adopt Resolution No. 10-56 declaring its intention to order the vacation of San Fernando Road between Lyons Avenue and 11th Street/Railroad Avenue required for the construction of the Old Town Newhall Library; set August 24, 2010, as the date of the public hearing; and direct the City Clerk to publish a notice as required by Part 3 of Division 9 of the State of California Streets and Highways Code. Mayor Weste recused herself due to a conflict of interest due to the proximity of.her property to the project area. Motion by Ender, second by Ferry, to approve the recommended action. On roll call vote: Ayes: McLean, Ferry, Ender, Kellar Noes: None Absent: None Recused: Weste Motion carried. ITEM 12 CONSENT CALENDAR INTENTION TO VACATE SPRUCE STREET BETWEEN LYONS AVENUE AND 11TH STREET REQUIRED FOR THE CONSTRUCTION OF THE OLD TOWN NEWHALL LIBRARY The vacation of Spruce Street, from the northerly right-of-way line of Lyons Avenue to 100 feet . south of the southerly right-of-way line of 11th Street, is a prerequisite to construction of the Old Town Newhall Library, allowing for the relocation of underground utilities and removal of existing street improvements. Adopt Resolution No. 10-57 declaring its intention to order the vacation of a portion of Spruce Street between Lyons Avenue and 11th Street required for the construction of the Old Town Newhall Library; set August 24, 2010, as the date of the public hearing; and direct the City Clerk to publish a notice as required by Part 3 of Division 9 of the State of California Streets and Highways Code. ITEM 13 CONSENT CALENDAR ENGINEERING AND TRAFFIC SURVEYS TO ESTABLISH SPEED LIMITS ON NEWHALL RANCH ROAD AND GOLDEN VALLEY ROAD Establish prima facie speed limits on currently unmarked segments of Newhall Ranch Road and Golden Valley Road (Cross Valley Connector). Adopt Resolution No. 10-58 establishing prima facie speed limits on each segment of Newhall Ranch Road and Golden Valley Road included in RDA Minutes 4 July 13, 2010 2010 Engineering and Traffic Survey for the Cross Valley Connector Study (Study); direct the City Clerk to certify the Study; direct staff to implement the necessary signage changes brought about by this Study; and request the Sheriffs Department to continue the radar enforcement program on City streets and highways covered in this Study as soon as the signing changes are made. Speaking on this item was Donald Stevens representing Positive Solutions Association. Andrew Yi, City Traffic Engineer, responded to questions on this item from the Council and City Manager Ken Pulskamp. Council requested that staff have another survey performed in three months. ITEM 14 CONSENT CALENDAR TAX -SHARING RESOLUTION FOR SANITATION DISTRICT ANNEXATIONS 1050 AND 1052 The Santa Clarita Valley Sanitation District provides wastewater treatment services within the District's service area. To provide wastewater treatment service to property located outside of the District's service area, the boundary must be expanded through the annexation process. Adopt the Sanitation District's Resolution No. 10-59 approving and accepting,;, the .a negotiated exchange of property tax revenues resulting from Sanitation District Annexation 1'050• and adopt Resolution No. 10-60 approving and accepting the negotiated exchange of property tax revenues resulting from Sanitation District Annexation 1052. ITEM 15 CONSENT CALENDAR AGREEMENT WITH THE COUNTY OF LOS ANGELES TO PROVIDE PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 2010-11 In August 1991, the City assumed responsibility for public transportation services in the Santa Clarita Valley from the County of Los Angeles Department of Public Works. In return, the County provides funds for service in the unincorporated areas. The Agreement is renewed annually. Approve an Agreement with the County of Los Angeles to provide public transportation service in unincorporated areas in an amount not to exceed $2,300,000, and authorize the City Manager or designee to execute the Agreement, or modify the award in the event that issues of impossibility of performance arise, subject to City Attorney approval; increase County Contributions Revenue Account 700-4425.001 by $207,766 to correctly reflect the $2,300,000 revenue to be received from the County of Los Angeles for public transportation services. ITEM 16 CONSENT CALENDAR TAX -SHARING RESOLUTIONS FOR NEWHALL COUNTY WATER DISTRICT ANNEXATION NUMBERS 2008-15,2009-03 AND 2010-01 The Newhall County Water District is a water purveyor within the District's service area. To provide water service to property located outside of the District's service area, the boundary must be expanded through the annexation process. Approve three Joint Resolutions approving and accepting the negotiated exchange of property tax revenue resulting from "Newhall County RDA Minutes 5 July 13., 2010 Water District Annexation Nos. 2008-15, 2009-03, and 2010-01" to the Newhall County Water District. Adopt Resolution No. 10-61 for "Newhall County Water District Annexation No. 2008-15; adopt Resolution No.. 10-62 for "Newhall County Water District Annexation No. 2009-03; and adopt Resolution No. 10-63 for "Newhall County Water District Annexation No. 2010-01. ITEM 17 CONSENT CALENDAR AMEND SANTA CLARITA MUNICIPAL CODE SECTION 11.68.020 This item seeks to amend the Santa Clarita Municipal Code Section 11.68.020 to include a definition of Slap Tags. Approve amendment to Santa Clarita Municipal Code Section 11.68.020, adding the definition of Slap Tags to the City's Graffiti Ordinance. Mayor Pro Tem McLean discussed increasing the parameters of the change to show that slap tags and paper signs are a blight to neighborhoods. ITEM 18 CONSENT CALENDAR APPROVE PROGRAM CHANGE TO THE OLD TOWN NEWHALL BUILDING IMPROVEMENT GRANT PROGRAM AS PART OF AMERICAN RECOVERY;` AN:D REINVESTMENT ACT - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" Funding is available to assist local businesses and property owners with improvements to existing buildings. This program was created as part of the 21 -Point Business Plan for Progress, approved by City Council in April 2009. Funding for this program comes from the Community Development Block Grant (CDBG) as outlined in the American Recovery and Reinvestment Act (ARRA). Approve program change to the Old Town Newhall Building Improvement Grant Program to allow for grant awards up to $55,000 and direct staff to extend the project re -design process to August 30, 2010, for projects that were submitted by the March 1 deadline. ITEM 19 CONSENT CALENDAR ACCEPTANCE OF RESIGNATION OF CITY ATTORNEY CARL K. NEWTON AND AUTHORIZATION TO APPOINT SUCCESSOR CITY ATTORNEY JOSEPH M. MONTES, BOTH TO BE EFFECTIVE JANUARY 1, 2011 Upon the completion of twenty-three years of service as City Attorney, Carl K. Newton has elected to .retire from the full-time practice of law. By way of a January 1, 2005, amendment to the Agreement for City Attorney Service, current Assistant City Attorney Joseph M. Montes shall be appointed City Attorney, effective January 1, 2011. Accept the resignation of Carl K. Newton as City Attorney, to be effective January 1, 2011, and authorize the City Manager to execute amendment to the Agreement for City Attorney Service, dated January 1, 2005, between the City and Burke, Williams & Sorensen, to designate Joseph M. Montes as City Attorney, effective January 1, 2011. ITEM 20 CONSENT CALENDAR CHECK REGISTER NO. 11 RDA Minutes 6 July 13, 2010 Approval of the Check Register. Approve and ratify for payment the demands presented in Check Register No. 11. Motion by Kellar, second by Ferry, to approve the Consent Calendar with the exception of Items 1-3 and 11. On roll call vote: Ayes: Kellar, McLean, Ferry, Ender, Weste Noes: None Absent: None Motion carried. ITEM 21 PUBLIC HEARING SECOND READING AND ADOPTION OF AN ORDINANCE ADOPTING BY REFERENCE TITLE 7 OF THE LOS ANGELES COUNTY CODE PERTAINING TO BUSINESS LICENSING Mayor Weste opened the public hearing. Sarah Gorman, City Clerk, stated that all notices required have been provided. The Council asked questions of Mr. Pulskamp regarding the item and discussed the item. Mayor Weste closed the public hearing Motion by McLean, second by Ferry, to adopt Ordinance No. 10-7 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, AMENDING AND RESTATING CHAPTER 5.02 OF TITLE 5 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE, WHICH ADOPTS BY REFERENCE TITLE 7 OF THE LOS ANGELES COUNTY CODE PERTAINING TO BUSINESS LICENSING REGULATIONS"; adopt Resolution No. 10-64 establishing a schedule of business license fees for City services; and directing staff to return with an item bringing certain businesses to full cost recovery. On roll call vote: Ayes: Ferry, Ender, McLean, Weste Noes: Kellar Absent: None Motion carried. ITEM 22 PUBLIC HEARING 2010 CONGESTION MANAGEMENT PROGRAM LOCAL DEVELOPMENT REPORT Mayor Weste opened the public hearing. Sarah Gorman, City Clerk, stated that all notices required have been provided. RDA Minutes 7 July 13, 2010 Andrew Yi, City Traffic Engineer, advised that the Congestion Management Program is a state - mandated program administered in Los Angeles County by the Los Angeles County Metropolitan Transportation Authority. Mayor Weste closed the public hearing. Motion by McLean, second by Kellar, to adopt Resolution No. 10-65 finding the City to be in conformance with the Congestion Management Program; and direct staff to deliver the adopted resolution and the 2010 Local Development Report to the Los Angeles County Metropolitan Transportation Authority on or before September 1, 2010. On roll call vote: Ayes: Ender, Kellar, McLean, Ferry, Weste Noes: None Absent: None Motion carried. ITEM 23 PUBLIC HEARING A REQUEST TO ADOPT A RESOLUTION APPROVING THE APPEAL OF. MASTEWCASE NO. 08-033 OVERTURNING THE PLANNING COMMISSION'S JUNE 2, 2009, APPROVAL OF A 99,000 SQUARE -FOOT COMMERCIAL DEVELOPMENT ON 10.28 ACRES IN THE COMMUNITY COMMERCIAL (PLANNED DEVELOPMENT OVERLAY) ZONE Mayor Weste opened the public hearing. Ben Jarvis, Associate Planner, advised that this item is for the consideration of adoption of a resolution approving the appeal of the Planning Commission's approval of a commercial development. Councilmember Kellar and Councilmember Ender discussed granting a continuance of the public hearing. Addressing the Council on this item was applicant Mike Redmond, who requested a continuance of six months to one year and Judy Hoewisch supporting adoption of the resolution overturning the Planning Commission's approval of the project. Mayor Weste closed the public hearing. Council discussed the item and Community Development Director Paul Brotzman responded to Council questions regarding the item. Motion by Kellar, second by Ender, to continue the public hearing to October 26, 2010. RDA Minutes 8 July 13, 2010 On roll call vote: Ayes: Kellar, McLean, Ferry, Ender, Weste Noes: None Absent: None Motion carried. ITEM 24 UNFINISHED BUSINESS CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE Councilmember Ferry advised that in an effort to enhance the transparency of Santa Clarita's municipal elections, establish some level of parity between the various political jurisdictions within the Santa Clarita Valley, and with a desire to lessen the influence of independent expenditures, the City Council is considering the adoption of an ordinance to amend Chapter 7.02 of Title 7 of the Santa Clarita Municipal Code relating to campaign contribution limitations and disclosure. Councilmember Ferry discussed contribution limits in other jurisdictions. Addressing the Council on this item was Donald Stevens, Dick Jeffrey, Carole Lutness, Jeff Solomon, Frank Smathers, Bruce McFarland, Sterling King, Cam Noltemeyer, Berta Gonzalez Harper, Dr. Gene Dorio, Robin Clough, Alan Ferdman, Patricia Skinner Sulpizio, David-, Gauny, Reena Newhall, Tony Newhall, Susan Gao of Common Cause, Annette Lucas, Valerie Thomas, Ray Kutylo, Lynne Plambeck, and Robert G. Leeman, opposing the proposed change in the law. Ten written comments were submitted on this item. Councilmember Kellar expressed his opposition to the proposed action. Councilmember Ferry discussed campaign fundraising and the proposed change to the ordinance. Mayor Pro Tem McLean and Mayor Weste discussed the proposed ordinance. Motion by Ferry, second by Ender, to adopt Ordinance No. 10-8 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING 7.02 OF TITLE 7 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO CAMPAIGN CONTRIBUTION REGULATIONS." On roll call vote: Ayes: Ferry, Ender, McLean, Weste Noes: Kellar Absent: None Motion carried. ITEM 25 UNFINISHED BUSINESS UPDATE ON 21 -POINT BUSINESS PLAN RDA Minutes 9 July 13, 2010 Ken Pulskamp, City Manager, advised that on April 28, 2009, the City Council unanimously approved the $18+ million dollar 21 -Point Business Plan. This comprehensive program was developed at the direction of City Council to provide immediate support to the local business community during the economic downturn, while positioning Santa Clarita for success post - recession. Motion by Kellar, second by Ferry, to direct the City Manager to continue the programs of the 21 -Point Business Plan as presented. On roll call vote: Ayes: Ender, Kellar, McLean, Ferry, Weste Noes: None Absent: None Motion carried. ITEM 26 UNFINISHED BUSINESS UPDATE ON BENZ ROAD NEIGHBORHOOD TRAFFIC -CALMING EFFORTS Andrew Yi, City Traffic Engineer, advised that the City has completed its traffic evaluation and survey of the Benz Road neighborhood speed cushion pilot project per the direction received.at the September 30, 2008, special City Council meeting. Addressing the Council on this item was John Parker, Mary Stephenson, Alan Ferdman, Tony Natoli, Valerie Thomas, Tom Francis, Marivic Francis, and Anthony Michaelides, opposing the recommended action. Five written comments were received on this item. Councilmember Kellar stated that the residents should not have to pay for the speed cushions. Councilmember Ender discussed finding a solution to satisfy residents and consultation with the Fire Department. Andrew Yi responded to questions from Councilmember. Ferry regarding survey results. Mayor Pro Tem McLean discussed speed cushions and the use of the cushions within the Benz Road neighborhood. Mayor Weste proposed leaving the speed cushions, removing the turn restrictions and not requiring the residents to pay for the cushions in this situation. Motion by Ender, second by Ferry, to receive staffs presentation on the Benz Road neighborhood speed cushion pilot project and a citywide Speed Humps/Speed Cushions Program; direct staff to leave the existing speed cushions in place on streets in the Benz Road neighborhood; approve the permanent removal of the turn restriction signs; and adopt the proposed procedures and criteria for a citywide Speed Humps/Speed Cushions Program with a benefit assessment district. RDA Minutes 10 July 13, 2010 On roll call vote: Ayes: Keller, Ferry, Ender, Weste Noes: McLean Absent: None Motion carried. ITEM 27 NEW BUSINESS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND SOLEDAD COMMONS, LLC. REGARDING THE POTENTIAL ANNEXATION OF THE SOLEDAD COMMONS RETAIL CENTER INTO THE CITY OF SANTA CLARITA Sharon Sorensen, Senior Planner, advised that this is a proposed memorandum of understanding (MOU) between the City of Santa Clarita and Soledad Commons, LLC. If approved, the MOU will grant exemptions to provisions of the Unified Development Code including parking, permitted uses, and signs. Addressing the Council on this item was Lynne Plambeck representing SCOPE discussing content of the MOU and the agenda item. Mayor Weste discussed the item with the applicant, Dale Donohoe, and staff. Mr:: Donohoe discussed the fact that a tobacco shop would currently be permitted in the proposed center under County regulations but he does not have tobacco shops in his current centers in County territory. Motion by Kellar, second by Ferry, to grant the City Manager authority to execute the Memorandum of Understanding (MOU), subject to City Attorney approval. Approval of this MOU does not constitute an approval of the Annexation request, nor does it obligate the City to initiate the annexation. On roll call vote: Ayes: McLean, Ferry, Ender, Kellar, Weste Noes: None Absent: None Motion carried. ITEM 28 NEW BUSINESS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND THE SUNSET HEIGHTS HOMEOWNERS ASSOCIATION The Sunset Heights Homeowners Association (Applicant) has submitted an application to privatize the streets within their association through the street vacation process. However, the Applicant does not wish to pursue the street vacation unless the streets can be gated after the vacation process is complete. Damon Letz gave a staff presentation on the item. Addressing the Council on this item was Dee Sidhu, Cristian Ramorino, Curt Schultz, Maria Benedita Cecilio, Dan Scolpini, Michael David, Sharon David, William Lynch, Paul Bole, RDA Minutes 11 July 13, 2010 Richard Meyers, Mark Irvin, Curt Kaldhusdal, Jeff Solomon, Richelle Strauss, Narkis Garcia, Ronald Takaki, Terry Stewart, Rich Smith, Robert Guinn, Cliff Staudinger, John Peck, and Allan Cameron spoke regarding gating of the entire hill. 79 written comments were submitted on this item. 23 cards were in opposition, 56 cards in support. Councilmember Ferry asked staff to contact Mr. Irvin and Mr. Schultz regarding their concerns. Councilmember Kellar discussed stop signs installed in the area. Mayor Pro Tem McLean stated her support of stopping the process at this point. Motion by Ferry, second by Ender, to not grant the City Manager authority to execute the Memorandum of Understanding (MOU), subject to City Attorney approval, and to not grant the City Manager the authority to structure the payment of the CUP fee as outlined in the MOU and waive the fee if the approval of the CUP is not granted. On roll call vote: Ayes: Ferry, Ender, Kellar, McLean, Weste Noes: None Absent: None Motion carried. PUBLIC PARTICIPATION Addressing the Council was Joe Groenenstein regarding the Canyon Country Advisory Committee meeting place; Alan Ferdman representing the Canyon Country Advisory Committee regarding advisory groups; Tony Natoli regarding the Canyon Country Advisory Committee; Cam Noltemeyer regarding the Sanitation District rate increases; Berta Gonzalez -Harper supporting the City's position regarding the Canyon Country Advisory Committee; Carole Lutness regarding Sanitation District rate issues, overdevelopment and corporate personhood; Patti Skinner Sulpizio regarding campaign contribution limit issues; Lynne Plambeck regarding Newhall Ranch; Valerie Thomas regarding community groups; Michael Cruz regarding the Canyon Country Advisory Committee; and Allan Cameron regarding meetings of advisory groups. STAFF COMMENTS Ken Pulskamp responded to questions from Mayor Weste regarding charging for meetings. ADJOURNMENT Chair/Mayor Weste adjourned the joint meeting at 12:44 p.m. FUTURE MEETINGS City Council will be on Summer Recess from July 14, 2010, through August 24, 2010. RDA Minutes 12 July 13, 2010 The next regular meeting of the City Council will be held Tuesday, August 24, 2010, at 6:00 p.m. in the Council Chamber, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. MAYOR ATTEST: CITY CLERK Mulyl3m.doc RDA Minutes 13 July 13, 2010 CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF JOINT SPECIAL MEETING 5:30 P.M. MINUTES OF JOINT REGULAR MEETING 6:00 P.M. JULY 13, 2010 CALL TO ORDER Mayor/Chair Weste called to order the special meeting of the City Council at 5:32 p.m. ROLL CALL All Councilmembers/Agencymembers were present. PUBLIC PARTICIPATION There was none. CLOSED SESSION Carl Newton, City/Agency Attorney, advised of the need to conduct a Closed Session .for,the purpose of holding a: CONFERENCE WITH PROPERTY NEGOTIATOR Government Code Section 54956.8 Agency's Authorized Negotiator: Executive Director Location of Property: APN: 2848-015-010, 011, 012, 013 2581-001-001, 007, 015, 021, 025, 026, 027, 030, 032, 033, 034, 035, 036, 037, 038, 039, 040 2581-001-041 Property Owner: Elsmere Canyon LLC, et al Under Negotiation: Price and Terms Property Owner: Under Negotiation: Property Owner: Under Negotiation APN: 2581-001-016 Thomas Clark, et al Price and Terms APN: .2581-001-028,029 Silver Oaks LLC, et al Price and Terms CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION Government Code Section 54956.9(a) Case Name: City of Santa Clarita v. Bermite Recovery, LLC, et al. City of Santa Clarita v. Santa Clarita, LLC et al. L A Superior Court Case Nos. BC278004 and BC257152 RECESS AND RECONVENE Mayor/Chair Weste recessed the meeting to Closed Session at 5:34 p.m. and reconvened the meeting at 6:10 p.m. CITY/AGENCY ATTORNEY ANNOUNCEMENT. Carl Newton, City/Agency Attorney, announced that no action was taken in Closed Session that was required to be reported. ADJOURN Mayor/Chair Weste adjourned the meeting at 6:11 p.m. INVOCATION Councilmember Ender gave the invocation. CALL TO ORDER Mayor Weste called to order the regular meeting of the City Council at 6:14 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember Ender led the flag salute. 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 Ender, to approve the agenda, pulling Item 11 from the Consent Calendar. Hearing no objections, it was so ordered. AWARDS/RECOGNITION TO MEMBERS OF THE COMMUNITY Mayor Weste and Councilmembers presented certificates to R.J. Kelly and Richard Green for creating a free water conservation handbook, "SCV Colorful Landscapes for Water Conservation". Mayor Weste and Councilmembers presented a proclamation in recognition of the 90th anniversary of the women's right to vote proclamation. PRESENTATIONS TO THE CITY Fire Chief Bill Niccum made a presentation to the Council regarding new fire stations. Paul Strickland, President of the William S. Hart Union High School District Governing Board, introduced District Superintendent Rob Challinor. City Council Minutes 2 Ju;y 13, 2010 COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Ender discussed the meeting of the San Fernando Valley Council of Governments. Councilmember Ender also discussed City operation of libraries within the City and, speaking on behalf of the Library Ad -Hoc Committee, requested that the Council agendize the issue for consideration at a public hearing at the August 24th Council meeting. Councilmember Kellar seconded the motion and it was adopted by Council by unanimous consent. Councilmember Ferry commented regarding Henry Mayo Hospital's receipt of an award for emergency services; and commented regarding Supervisor Antonovich's leadership with actions regarding medicinal marijuana in unincorporated areas and directed Ken Pulskamp to send a thank you letter to Supervisor Antonovich. Mayor Pro Tem McLean discussed attending the Northern Corridor Cities meeting for Measure R updates, transportation plans, congestion mitigation, and other transportation items, among other City issues; discussed the sewer rate increase, Prop 218 procedure, and submission of ballots for the Sanitation District issue; discussed attending meetings of the California- High Speed Rail Agency and understanding tunneling issues related to high speed rail; requested that the Ad -Hoc High Speed Transportation Committee meet to discuss tunneling issues and`Council review videos regarding the issues; discussed City's support of the League of California Cities' efforts to put the item on the ballot and requested that City support of the qualified initiative be added to the next agenda; and discussed working with the League of Cities to, create awareness for state agencies who impose unfunded mandates on local agencies. Mayor Weste discussed the loss of Matilda Garnica and injuries to her family on July 4, 2010, discussed LASD investigation of the accident and expressed the City's condolences for the loss; discussed attending a Regional Water Control Board meeting regarding bacteria levels and proposed modifications for TMDL and discussed TMDL levels; reported discussing Cemex issues with Secretary of Interior Ken Salazar and Congressman Brad Sherman; discussed prepayment of Waste Management charges for a discount and a separate senior citizens discount; asked Council to authorize assembly of an environmental team to outreach on chloride issues; discussed communications with Assemblyman Cameron Smyth on chloride issues and Council agreed to these communications; and wished Gladys Lainey of the Senior Center a happy 100th birthday. CONVENE SANTA CLARITA REDEVELOPMENT AGENCY CALL TO ORDER Mayor/Chair Weste called the meeting of the Redevelopment Agency to order at 7:18 p.m. ITEM 1 CONSENT CALENDAR APPROVAL OF MEETING MINUTES The minutes of the previous City Council and Redevelopment Agency meetings are submitted for approval. City Council Minutes 3 Ju;y 13, 2010 City Council: Approve the amended minutes of the June 22, 2010, special and regular meetings, and the June 28, 2010, special meeting of the City Council. Redevelopment Agency: Approve the amended minutes of the June 22, 2010, regular meeting of the Redevelopment Agency. ITEM 2 CONSENT CALENDAR EXTEND NOMINATION PERIOD FOR COMMISSION/PANEL VACANCIES. At the joint regular meeting of May 11, 2010, the City Council and Redevelopment Agency declared vacancies and set the application period for open positions on various commission and panels. Extend the application period for the vacancies on the Planning Commission, Parks, Recreation and Community Services Commission, Arts Commission, Open Space Preservation District (OSPD) Financial Accountability and Audit Panel, and the Newhall Redevelopment Committee to August 6, 2010; and direct City Clerk to republish the Notice of Vacancy. Addressing the Council/Agency on this item was Bruce McFarland. ITEM 3 CONSENT CALENDAR ADOPT RESOLUTIONS ESTABLISHING PURCHASING POLICIES AND PROCEDURES'` The Government Code requires local agencies adopt procedures for the procurement of goods and services. By this action the Agency will adopt the purchasing policies and procedures of the City of Santa Clarita. Redevelopment Agency: Adopt Resolution No. RDA 10-7 adopting public contracting and purchasing procedures; adopt Resolution No. RDA 10-8 adopting the City of Santa Clarita's Purchasing Policy Manual and adopt Resolution No. 10-9 adopting various purchasing -related policies. Motion by Kellar, second by McLean, to approve Items 1-3 of the Consent Calendar. On roll call vote: Ayes: Ender, Kellar, McLean, Ferry, Weste Noes: None Absent: None Motion carried. ITEM 4 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 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 5 CONSENT CALENDAR STATE LEGISLATION City Council Minutes 4 Ju;y 13, 2010 SB 974 (Steinberg) seeks to make two substantial changes to the Enterprise Zone program which would greatly decrease its value to employers as a means of funding an unrelated tax credit for providing vocational training. AB 2476 (Perez) proposes to modify the definition of the Targeted Employment Area hiring credits, raising the percentage threshold of low income persons living in an area from 51% to 61% in order for that area to qualify as a Targeted Employment Area. Adopt the recommendation of the City Council Legislative Committee and direct staff to submit letters to appropriate Members of the California Legislature,- in opposition to: SB 974 (Steinberg) and AB 2476 (Perez). Provide staff with authorization to transmit a position of opposition to State legislation detrimental to the City's Enterprise Zone. ITEM 6 CONSENT CALENDAR 2009-10 ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECTS M0069, M1011, AND T0029 - PROJECT ACCEPTANCE This program improved and upgraded the City's sidewalk and drainage system by removing and replacing the existing damaged concrete sidewalks and curb and gutter systems caused by tree root infiltration and pavement settlement. Accept the completion of the 2009-10 Annual Concrete Rehabilitation Program, Projects M0069, M1011, and T0029; direct the City Clerk to file the Notice of Completion; and direct staff to release the remaining retention 35 days after the Notice of Completion is recorded, provided no stop notices have been filed, as provided by,law..;i.: ITEM 7 CONSENT CALENDAR 2009-10 ANNUAL OVERLAY AND SLURRY SEAL PROGRAM, PROJECT M0071 - AWARD CONSTRUCTION CONTRACT The Annual Overlay and Slurry Seal project is an integral part of the City's pavement management program and provides pavement and slurry seal asphalt maintenance treatments to selected City streets. Approve the plans and specifications for the 2009-10 Annual Overlay and Slurry Seal Program, Project M0071; find the bid of Toro Enterprises, Inc., to be non-responsive and award the construction contract to Sully -Miller Contracting Company in an amount not to exceed $1,018,577 including contingency; authorize an additional expenditure in the amount of $77,000 from Expenditure Account M0071306-5161.001 to Pavement Engineering, Inc., for the annual citywide pavement inspection and the updates for the Pavement Management System; authorize the continuance of funds from Account M0071230-5161.001 in the amount of $408,838.96 from Fiscal Year 2009-10 to Fiscal Year 2010-11; authorize the following transfers: $111,972 from the 2010-11 Overlay and Slurry Seal Program Account M0077230-5161.001 to the 2009-10 Overlay and Slurry Seal Program Account M0071230-5161.001; and $709,766 from the 2010-11 Overlay and Slurry Seal Program Account M0077306-5161.001 to the 2009-10 Overlay and Slurry Seal Program Account M0071306-5161.001; and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. ITEM 8 CONSENT CALENDAR ASPHALT ROADWAY REHABILITATION PROJECT PHASE I AND II, PROJECTS M0072 AND M0073 - PROJECT ACCEPTANCE The Asphalt Roadway Rehabilitation Project Phase I and II, Projects M0072 and M0073, augmented the City's pavement management program (funded by the American Recovery and Reinvestment Act) and added pavement asphalt maintenance treatments to selected City City Council Minutes 5 Ju;y 13, 2010 streets. Accept the completion of the Asphalt Roadway Rehabilitation Project Phase I and II, Projects M0072 and M0073, Federal -Aid Projects ESPL-5450 (48 and 50); direct the City Clerk to file the Notice of Completion; and direct staff to release the remaining retention 35 days after the Notice of Completion is recorded, provided no stop notices have been filed, as provided by law. ITEM 9 CONSENT CALENDAR AUTHORIZE THE PURCHASE OF STREET NAME SIGNS FROM SAFEWAY SIGN COMPANY - OVERHEAD SIGN PROJECT C0029 The final purchase of 111 street name signs will allow staff to complete the remaining sign installation for this project. Authorize the purchase of 111 street name signs from Safeway Sign Company in the amount of $85,610, plus a 10 percent contingency of $8,561, for a total contract amount of $94,171, and authorize the City Manager or designee to execute all documents, subject to City Attorney approval. Speaking on this item were Alan Ferdman and Tony Natoli. City Manager Ken Pulskamp discussed the safety issues raised by street signs. ITEM 10 CONSENT CALENDAR RESOLUTION AUTHORIZING A FUNDING REQUEST FOR THE CALRECYCLE USED OIL PAYMENT PROGRAM The City's Used Oil Collection Program used to be funded by an annual block grant from the state. The procedure has changed and the City must now apply for reimbursement of funds for the collection of used oil and oil filters through the newly created CalRecycle Used Oil Payment Program. Adopt Resolution No. 10-55 authorizing a funding request for the CalRecycle Used Oil Payment Program. ITEM 11 CONSENT CALENDAR INTENTION TO VACATE SAN FERNANDO ROAD BETWEEN LYONS AVENUE AND 11TH STREET REQUIRED FOR THE CONSTRUCTION OF THE OLD TOWN NEWHALL LIBRARY The vacation of San Fernando Road, from the northerly right-of-way line of Lyons Avenue to the southerly right-of-way line of 11th Street and the westerly right-of-way line of Railroad Avenue, is a prerequisite for construction of the Old Town Newhall Library, allowing for the relocation of underground utilities and removal of existing street improvements. Adopt Resolution No. 10-56 declaring its intention to order the vacation of San Fernando Road between Lyons Avenue and 11th Street/Railroad Avenue required for the construction of the Old Town Newhall Library; set August 24, 2010, as the date of the public hearing; and direct the City Clerk to publish a notice as required by Part 3 of Division 9 of the State of California Streets and Highways Code. Mayor Weste recused herself due to a conflict of interest due to the proximity of her property to the project area. City Council Minutes 6 Ju;y 13, 2010 Motion by Ender, second by Ferry, to approve the recommended action. On roll call vote: Ayes: McLean, Ferry, Ender, Kellar Noes: None Absent: None Recused: Weste Motion carried. ITEM 12 CONSENT CALENDAR INTENTION TO VACATE SPRUCE STREET BETWEEN LYONS AVENUE AND I I TH STREET REQUIRED FOR THE CONSTRUCTION OF THE OLD TOWN NEWHALL LIBRARY The vacation of Spruce Street, from the northerly right-of-way line of Lyons Avenue to 100 feet south of the southerly right-of-way line of 11th Street, is a prerequisite to construction of the Old Town Newhall Library, allowing for the relocation of underground utilities and removal of existing street improvements. Adopt Resolution No. 10-57 declaring its intention to order the vacation of a portion of Spruce Street between Lyons Avenue and 11th Street required for the construction of the Old Town Newhall Library; set August 24, 2010, as the date of the:,.public hearing; and direct the City Clerk to publish a notice as required by Part 3 of Division 9' of 4he State of California Streets and Highways Code. ITEM 13 CONSENT CALENDAR ENGINEERING AND TRAFFIC SURVEYS TO ESTABLISH SPEED LIMITS ON NEWHALL RANCH ROAD AND GOLDEN VALLEY ROAD Establish prima facie speed limits on currently unmarked segments of Newhall Ranch Road and Golden Valley Road (Cross Valley Connector). Adopt Resolution No. 10-58 establishing prima facie speed limits on each segment of Newhall Ranch Road and Golden Valley Road included in 2010 Engineering and Traffic Survey for the Cross Valley Connector Study (Study); direct the City Clerk to certify the Study; direct staff to implement the necessary signage changes brought about by this Study; and request the Sheriffs Department to continue the radar enforcement program on City streets and highways covered in this Study as soon as the signing changes are made. Speaking on this item was Donald Stevens representing Positive Solutions Association. Andrew Yi, City Traffic Engineer, responded to questions on this item from the Council and City Manager Ken Pulskamp. Council requested that staff have another survey performed in three months. ITEM 14 CONSENT CALENDAR TAX -SHARING RESOLUTION FOR SANITATION DISTRICT ANNEXATIONS 1050 AND 1052 The Santa Clarita Valley Sanitation District provides wastewater treatment services within the District's service area. To provide wastewater treatment service to property located outside of City Council Minutes 7 Ju;y 13, 2010 the District's service area, the boundary must be expanded through the annexation process. Adopt the Sanitation District's Resolution No. 10-59 approving and accepting the negotiated exchange of property tax revenues resulting from Sanitation District Annexation 1050 and adopt Resolution No. 10-60 approving and accepting the negotiated exchange of property tax revenues resulting from Sanitation District Annexation 1052. ITEM 15 CONSENT CALENDAR AGREEMENT WITH THE COUNTY OF LOS ANGELES TO PROVIDE PUBLIC TRANSPORTATION SERVICES FOR FISCAL YEAR 2010-11 In August 1991, the City assumed responsibility for public transportation services in the Santa Clarita Valley from the County of Los Angeles Department of Public Works. In return, the County provides funds for service in the unincorporated areas. The Agreement is renewed annually. Approve an Agreement with the County of Los Angeles to provide public transportation service in unincorporated areas in an amount not to exceed $2,300,000, and authorize the City Manager or designee to execute the Agreement, or modify the award in the event that issues of impossibility of performance arise, subject to City Attorney approval; increase County Contributions Revenue Account 700-4425.001 by $207,766 to correctly reflect the $2,300,000 revenue to be received from the County of Los Angeles for public transportation services. ITEM 16 CONSENT CALENDAR TAX -SHARING RESOLUTIONS FOR NEWHALL COUNTY WATER DISTRICT ANNEXATION NUMBERS 2008-15, 2009-03 AND 2010-01 The Newhall County Water District is a water purveyor within the District's service area. To provide water service to property located outside of the District's service area, the boundary must be expanded through the annexation process. Approve three Joint Resolutions approving and accepting the negotiated exchange of property tax revenue resulting from "Newhall County Water District Annexation Nos. 2008-15, 2009-03, and 2010-01" to the Newhall County Water District. Adopt Resolution No. 10-61 for "Newhall County Water District Annexation No. 2008-15; adopt Resolution No. 10-62 for "Newhall County Water District Annexation No. 2009-03; and adopt Resolution No. 10-63 for "Newhall County Water District Annexation No. 2010-01. ITEM 17 CONSENT CALENDAR AMEND SANTA CLARITA MUNICIPAL CODE SECTION 11.68.020 This item seeks to amend the Santa Clarita Municipal Code Section 11.68.020 to include a definition of Slap Tags. Approve amendment to Santa Clarita Municipal Code Section 11.68.020, adding the definition of Slap Tags to the City's Graffiti Ordinance. Mayor Pro Tem McLean discussed increasing the parameters of the change to show that slap tags and paper signs are a blight to neighborhoods. City Council Minutes 8 Ju;y 13, 2010 ITEM 18 CONSENT CALENDAR APPROVE PROGRAM CHANGE TO THE OLD TOWN NEWHALL BUILDING IMPROVEMENT GRANT PROGRAM AS PART OF AMERICAN RECOVERY AND REINVESTMENT ACT - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Funding is available to assist local businesses and property owners with improvements to existing buildings. This program was created as part of the 21 -Point Business Plan for Progress, approved by City Council in April 2009. Funding for this program comes from the Community Development Block Grant (CDBG) as outlined in the American Recovery and Reinvestment Act (ARRA). Approve program change to the Old Town Newhall Building Improvement Grant Program to allow for grant awards up to $55,000 and direct staff to extend the project re -design process to August 30, 2010, for projects that were submitted by the March 1 deadline. ITEM 19 CONSENT CALENDAR ACCEPTANCE OF RESIGNATION OF CITY ATTORNEY CARL K. NEWTON AND AUTHORIZATION TO APPOINT SUCCESSOR CITY ATTORNEY JOSEPH M. MONTES, BOTH TO BE EFFECTIVE JANUARY 1, 2011 Upon the completion of twenty-three years of service as City Attorney, Carl K. Newton has elected to retire from the full-time practice of law. By way of a January 1, 2005, amendment.to the Agreement for City Attorney Service, current Assistant City Attorney Joseph M. Montes shall be appointed City Attorney, effective January 1, 2011. Accept the resignation of Carl K. Newton as City Attorney, to be effective January 1, 2011, and authorize the City Manager to execute amendment to the Agreement for City Attorney Service, dated January 1, 2005, between the City and Burke, Williams & Sorensen, to designate Joseph M. Montes as City Attorney, effective January 1, 2011. ITEM 20 CONSENT CALENDAR CHECK REGISTER NO. 11 Approval of the Check Register. Approve and ratify for payment the demands presented in Check Register No. 11. Motion by Kellar, second by Ferry, to approve the Consent Calendar with the exception of Items 1-3 and 11. On roll call vote: Ayes: Kellar, McLean, Ferry, Ender, Weste Noes: None Absent: None Motion carried. ITEM 21 PUBLIC HEARING SECOND READING AND ADOPTION OF AN ORDINANCE ADOPTING BY REFERENCE TITLE 7 OF THE LOS ANGELES COUNTY CODE PERTAINING TO BUSINESS LICENSING Mayor Weste opened the public hearing. City Council Minutes 9 Ju;y 13, 2010 Sarah Gorman, City Clerk, stated that all notices required have been provided. The Council asked questions of Mr. Pulskamp regarding the item and discussed the item. Mayor Weste closed the public hearing Motion by McLean, second by Ferry, to adopt Ordinance No. 10-7 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, AMENDING AND RESTATING CHAPTER 5.02 OF TITLE 5 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE, WHICH ADOPTS BY REFERENCE TITLE 7 OF THE LOS ANGELES COUNTY CODE PERTAINING TO BUSINESS LICENSING REGULATIONS adopt Resolution No. 10-64 establishing a schedule of business license fees for City services; and directing staff to return with an item bringing certain businesses to full cost recovery. On roll call vote: Ayes: Ferry, Ender, McLean, Weste Noes: Kellar Absent: None Motion carried. ITEM 22 PUBLIC HEARING 2010 CONGESTION MANAGEMENT PROGRAM LOCAL DEVELOPMENT REPORT Mayor Weste opened the public hearing. Sarah Gorman, City Clerk, stated that all notices required have been provided. Andrew Yi, City Traffic Engineer, advised that the Congestion Management Program is a state - mandated program administered in Los Angeles County by the Los Angeles County Metropolitan Transportation Authority. Mayor Weste closed the public hearing. Motion by McLean, second by Kellar, to adopt Resolution No. 10-65 finding the City to be in conformance with the Congestion Management Program; and direct staff to deliver the adopted resolution and the 2010 Local Development Report to the Los Angeles County Metropolitan Transportation Authority on or before September 1, 2010. On roll call vote: Ayes: Ender, Kellar, McLean, Ferry, Weste Noes: None Absent: None Motion carried. City Council Minutes 10 Ju;y 13, 2010 ITEM 23 PUBLIC HEARING A REQUEST TO ADOPT A RESOLUTION APPROVING THE APPEAL OF MASTER CASE NO. 08-033 OVERTURNING THE PLANNING COMMISSION'S JUNE 2, 2009, APPROVAL OF A 99,000 SQUARE -FOOT COMMERCIAL DEVELOPMENT ON 10.28 ACRES IN THE COMMUNITY COMMERCIAL (PLANNED DEVELOPMENT OVERLAY) ZONE Mayor Weste opened the public hearing. Ben Jarvis, Associate Planner, advised that this item is for the consideration of adoption of a resolution approving the appeal of the Planning Commission's approval of a commercial development. Councilmember Kellar and Councilmember Ender discussed granting a continuance of the public hearing. Addressing the Council on this item was applicant Mike Redmond, who requested a continuance of six months to one year and Judy Hoewisch supporting adoption of the resolution overturning the Planning Commission's approval of the project. Mayor Weste closed the public hearing. Council discussed the item and Community Development Director Paul Brotzman responded to Council questions regarding the item. Motion by Kellar, second by Ender, to continue the public hearing to October 26, 2010. On roll call vote: Ayes:. Kellar, McLean, Ferry, Ender, Weste Noes: None Absent: None Motion carried. ITEM 24 UNFINISHED BUSINESS CAMPAIGN CONTRIBUTION LIMITATIONS AND DISCLOSURE Councilmember Ferry advised that in an effort to enhance the transparency of Santa Clarita's municipal elections, establish some level of parity between the various political jurisdictions within the Santa Clarita Valley, and with a desire to lessen the influence of independent expenditures, the City Council is considering the adoption of an ordinance to amend Chapter 7.02 of Title 7 of the Santa Clarita Municipal Code relating to campaign contribution limitations and disclosure. Councilmember Ferry discussed contribution limits in other jurisdictions. Addressing the Council on this item was Donald Stevens, Dick Jeffrey, Carole Lutness, Jeff Solomon, Frank Smathers, Bruce McFarland, Sterling King, Cam Noltemeyer, Berta Gonzalez - Harper, Dr. Gene Dorio, Robin Clough, Alan Ferdman, Patricia Skinner Sulpizio, David Gauny, City Council Minutes 11 Ju;y 13, 2010 Reena Newhall, Tony Newhall, Susan Gao of Common Cause, Annette Lucas, Valerie Thomas, Ray Kutylo, Lynne Plambeck, and Robert G. Leeman, opposing the proposed change in the law. Ten written comments were submitted on this item. Councilmember Kellar expressed his opposition to the proposed action. Councilmember Ferry discussed campaign fundraising and the proposed change to the ordinance. Mayor Pro Tem McLean and Mayor Weste discussed the proposed ordinance. Motion by Ferry, second by Ender, to adopt Ordinance No. 10-8 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AMENDING 7.02 OF TITLE 7 OF THE CITY OF SANTA CLARITA MUNICIPAL CODE PERTAINING TO CAMPAIGN CONTRIBUTION REGULATIONS." On roll call vote: Ayes: Ferry, Ender, McLean, Weste Noes: Kellar Absent: None Motion carried. ITEM 25 UNFINISHED BUSINESS UPDATE ON 21 -POINT BUSINESS PLAN Ken Pulskamp, City Manager, advised that on April 28, 2009, the City Council unanimously approved the $18+ million dollar 21 -Point Business Plan. This comprehensive program was developed at the direction of City Council to provide immediate support to the local business community during the economic downturn, while positioning Santa Clarita for success post - recession. Motion by Kellar, second by Ferry, to direct the City Manager to continue the programs of the 21 -Point Business Plan as presented. On roll call vote: Ayes: Ender, Kellar, McLean, Ferry, Weste Noes: None Absent: None Motion carried. ITEM 26 UNFINISHED BUSINESS UPDATE ON BENZ ROAD NEIGHBORHOOD TRAFFIC -CALMING EFFORTS Andrew Yi, City Traffic Engineer; advised that the City has completed its traffic evaluation and survey of the Benz Road neighborhood speed cushion pilot project per the direction received at the September 30, 2008, special City Council meeting. City Council Minutes 12 Ju;y 13, 2010 Addressing the Council on this item was John Parker, Mary Stephenson, Alan Ferdman, Tony Natoli, Valerie Thomas, Tom Francis, Marivic Francis, and Anthony Michaelides, opposing the recommended action. Four written comments were received on this item. Councilmember Kellar stated that the residents should not have to pay for the speed cushions. Councilmember Ender discussed finding a solution to satisfy residents and consultation with the Fire Department. Andrew Yi responded to questions from Councilmember Ferry regarding survey results. Mayor Pro Tem McLean discussed speed cushions and the use of the cushions within the. Benz Road neighborhood. Mayor Weste proposed leaving the speed cushions, removing the turn restrictions and not requiring the residents to pay for the cushions in this situation. Motion by Ender, second by Ferry, to receive staffs presentation on the Benz Road neighborhood speed cushion pilot project and a citywide Speed Humps/Speed Cushions Program; direct staff to leave the existing speed cushions in place on streets in the Benz Road neighborhood; approve the permanent removal of the turn restriction signs; and adopt the proposed procedures and criteria for a citywide Speed Humps/Speed Cushions Program with a benefit assessment district. On roll call vote: Ayes: Keller, Ferry, Ender, Weste Noes: McLean Absent: None Motion carried. ITEM 27 NEW BUSINESS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND SOLEDAD COMMONS, LLC. REGARDING THE POTENTIAL ANNEXATION OF THE SOLEDAD COMMONS RETAIL CENTER INTO THE CITY OF SANTA CLARITA Sharon Sorensen, Senior Planner, advised that this is a proposed memorandum of understanding (MOU) between the City of Santa Clarita and Soledad Commons, LLC. If approved, the MOU will grant exemptions to provisions of the Unified Development Code including parking, permitted uses, and signs. Addressing the Council on this item was Lynne Plambeck representing SCOPE discussing content of the MOU and the agenda item. Mayor Weste discussed the item with the applicant, Dale Donohoe, and staff. Mr. Donohoe discussed the fact that a tobacco shop would currently be permitted in the proposed center under County regulations but he does not have tobacco shops in his current centers in County territory. City Council Minutes 13 Ju;y 13, 2010 Motion by Kellar, second by Ferry, to grant the City Manager authority to execute the Memorandum of Understanding (MOU), subject to City Attorney approval. Approval of this MOU does not constitute an approval of the Annexation request, nor does it obligate the City to initiate the annexation. On roll call vote: Ayes: McLean, Ferry, Ender, Kellar, Weste Noes: None Absent: None Motion carried. ITEM 28 NEW BUSINESS MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA CLARITA AND THE SUNSET HEIGHTS HOMEOWNERS ASSOCIATION The Sunset Heights Homeowners Association (Applicant) has submitted an application to privatize the streets within their association through the street vacation process. However, the Applicant does not wish to pursue the street vacation unless the streets can be gated after the vacation process is complete. Damon Letz gave a staff presentation on the item. Addressing the Council on this item was Dee Sidhu, Cristian Ramorino, Curt Schultz, Maria Benedita Cecilio, Dan Scolpini, Michael David, Sharon David, William Lynch, Paul Bole, Richard Meyers, Mark Irvin, Curt Kaldhusdal, Jeff Solomon, Richelle Strauss, Narkis Garcia, Ronald Takaki, Terry Stewart, Rich Smith, Robert Guinn, Cliff Staudinger, John Peck, and Allan Cameron spoke regarding gating of the entire hill. 79 written comments were submitted on this item. 23 cards were in opposition, and 56 cards in support. Councilmember Ferry asked staff to'contact Mr. Irvin and Mr. Schultz regarding their concerns. Councilmember Kellar discussed stop signs installed in the area. Mayor Pro Tem McLean stated her support of stopping the process at this point. Motion by Ferry, second by Ender, to not grant the City Manager authority to execute the Memorandum of Understanding (MOU), subject to City Attorney approval, and to not grant the City Manager the authority to structure the payment of the CUP fee as outlined in the MOU and waive the fee if the approval of the CUP is not granted. On roll call vote: Ayes: Ferry, Ender, Kellar, McLean, Weste Noes: None Absent: None Motion carried. City Council Minutes 14 Ju;y 13, 2010 PUBLIC PARTICIPATION Addressing the Council was Joe Groenenstein regarding the Canyon Country Advisory Committee meeting place; Alan Ferdman representing the Canyon Country Advisory Committee regarding advisory groups; Tony Natoli regarding the Canyon Country Advisory Committee; Cam Noltemeyer regarding the Sanitation District rate increases; Berta Gonzalez -Harper supporting the City's position regarding the Canyon Country Advisory Committee; Carole Lutness regarding Sanitation District rate issues, overdevelopment and corporate personhood; Patti Skinner Sulpizio regarding campaign contribution limit issues; Lynne Plambeck regarding Newhall Ranch; Valerie Thomas regarding community groups; Michael Cruz regarding the Canyon Country Advisory Committee; and Allan Cameron regarding meetings of advisory groups. STAFF COMMENTS Ken Pulskamp responded to questions from Mayor Weste regarding charging for meetings. ADJOURNMENT Mayor/Chair Weste adjourned the joint meeting at 12:44 p.m. FUTURE MEETINGS City Council will be on Summer Recess from July 14, 2010, through August 24, 2010. The next regular meeting of the City Council will be held Tuesday, August 24, 20.10, at 6:00 p.m. in the Council Chamber, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. MAYOR ATTEST: CITY CLERK I OJulyl3m.doc City Council Minutes 15 Ju;y 13, 2010