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HomeMy WebLinkAbout2011-09-13 - MINUTES - JOINT SPECIAL REGULAR (2)CITY OF SANTA CLARITA CITY COUNCIL MINUTES OF JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/ BOARD OF LIBRARY TRUSTEES SPECIAL MEETING 5:00 P.M. JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/ BOARD.OF LIBRARY TRUSTEES REGULAR MEETING 6:00 P.M. SEPTEMBER 13, 2011 CALL TO ORDER Mayor/Chair/President McLean called to order the special meeting at 5.05 p.m. ROLL CALL All Council/Agency/Board members were present. PUBLIC PARTICIPATION No requests to speak were received. CLOSED SESSION Joseph Montes, City Attorney/Agency/Board Counsel, advised of the need to conduct a Closed Session for the purpose of holding a: CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Location of Property: APN No's: 3210-002-007, 3210-001-004, 3210-004-004, 005, 008, 009, 010, 011, 013, 014,.-)210-005-006, 008, 027, 035, 040, 3210-006-005, 3210-008- 021, 022 and 3210-010-001, Agency's Authorized Negotiator: Executive Director Negotiating Parties: Nominn, LLC Under Negotiation: Price and Terms Location of Property: APN No's: 3210-003-006, 3210-004-012, 3210-010-010, 011, 3210-011-015, 016, 022, 3211-012-025,026, 3210-013-030, 031, 032, 033, 034, 044 and 045 Agency's Authorized Negotiator: Executive Director Negotiating Parties: Calmat Co. Under Negotiation: Price and Terms Location of Property: APN No. 2833-023-020 Agency's Authorized Negotiator: Executive Director Negotiating Parties: David E. Prince, Trustee of the Charles E. and Juanita N. Prince Trust Under Negotiation: Price and Terms RECESS AND RECONVENE Mayor/Chair McLean recessed the meeting to Closed Session at 5:06 p.m. and reconvened the meeting at 6:01 p.m. CITY ATTORNEY ANNOUNCEMENT Joseph Montes, City Attorney/Agency/Board Counsel, announced that no action was taken in Closed Session that was required to be reported. ADJOURN Mayor/Chair/President McLean adjourned the meeting at 6:02 p.m. INVOCATION Councilmember Kellar gave the invocation. CALL TO ORDER Mayor/Chair/President McLean called to order the regular joint meeting of the City Council/Redevelopment Agency/Board of Library Trustees at 6:06 p.m. ROLL CALL All Council/Agency/Board members were present. FLAG SALUTE Gladiator Patrol Boy Scout Troop 228 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. Council will also discuss each individual item during the course of the meeting with the exception of the Consent Calendar, which may be approved in its entirety by one motion, unless there is a request to pull an item for discussion. No action will be taken on public agenda items during the Executive Meeting. APPROVAL OF AGENDA Motion by Weste,. second by Ender, to approve the agenda pulling item 4 for clarification and items 6, 7, 8, and 9 for public comment. Hearing no objections, it was so ordered. AWARDS AND RECOGNITIONS Mayor McLean and Councilmembers congratulated the 2011 Hart Pony Mustang World Series Champs and presented team members with certificates of recognition. Mayor McLean and Councilmembers recognized Andrew Skinner & Triumph Foundation for the outstanding work done on behalf of and in support of those with spinal cord injuries. Meeting Minutes 2 September 13, 2011 PRESENTATIONS TO THE CITY None scheduled. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Weste commented on the 9/11 memorial events, including her participation in the reading of the names of the victims at the Veterans Historical Plaza; commented on the collection of over two tons of food during the August Food Drive to benefit the Food Pantry; and discussed first event of the comprehensive community -wide campaign to prevent drug use, the City's Heroin Kills Symposium. Councilmember Kellar commented on the Constitution Day Summit event taking place on Saturday, September 17, from 10:00 a.m. — 4:00 p.m. at West Creek Community Park. Mayor Pro Tem Ender congratulated the City, Kevin Tonoian, the Senior Center, and the Autism Spectrum Network for recognition by Homeland Security for the web based registration program; discussed the upcoming Senses on Main event in Old Town Newhall on Thursday, September 15; and discussed the upcoming Box City event held by Family Promise of Santa Clarita Valley on Saturday, October 1, at Bridgeport Park, for which information may be found at www.scvboxcity.org. Councilmember Ferry discussed the upcoming Teen Scene Unplugged event on September 14, at Golden Valley High School; and commented on the upcoming Michael Hoefflin Foundation event on September 24, 2011. Mayor McLean discussed the topping off of the new library in Old Town Newhall, and stated that if persons wish to submit items for the time capsule, they have time to do so; discussed the Read to a Dog program at the City libraries, which began on September 1; commented on Senator Barbara Boxer's visit to the Transit Maintenance Facility for the unveiling of the solar canopies that will save the City approximately $137,000 in electricity each year; stated that the City was able to present a check to the Senior Center to assist with programs; discussed a ceremony to honor Jake Kuredjian and provided information regarding the Los Angeles Memorial Cruiser and provided the web site address www,fucledbythefallen.com for additional information; thanked the citizens of Santa Clarita for honoring the 9/11 anniversary, and requested the meeting be adjourned in honor of Rachael Lynne Marsik and Fort Bragg City Councilmember Jere Melo. ITEM I CONSENT CALENDAR APPROVAL OF MEETING MINUTES The minutes of the previous City Council, Redevelopment Agency, and Board of Library Trustees meetings are submitted for approval. City Council, Redevelopment Agency/ Board of Library Trustees: Approve the minutes of the August 23, 2011, special and regular joint meetings. Meeting Minutes 3 September 13, 2011 ITEM 2 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. City Council determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. ITEM 3 CONSENT CALENDAR CONTRACT FOR SEASONS PRINTING SEASONS is the City's quarterly magazine and provides listings of sports and recreation offerings, as well as information about what is happening in the City. It is mailed to every household in the City. An invitation to bid was prepared and published two times, July 17 and July 22, 2011, and was conducted in compliance with the support of Santa Clarita businesses program. City Council award contract for the printing of the City's award-winning SEASONS Magazine to Publication Printers, subject to the right of the City Manager to modify the award in the event issues of impossibility of performance arise, and authorize City Manager to execute the contract subject to City Attorney approval, for an amount not to exceed $27,963 per issue, plus a contingency of $5,592. Contingency is for possible page and/or quantity increase for a total of $33,550 per issue for four issues annually from account number 15102-5101.004. The award is for an initial term of one year and has three optional renewal years. ITEM 4 CONSENT CALENDAR, AWARD JANITORIAL SERVICES CONTRACT FOR THE SANTA CLARITA SPORTS COMPLEX This contract award will provide janitorial services for the City of Santa Clarita Sports Complex, to include all facilities located at the complex. City Council award a contract to ABM Company for janitorial services at the Santa Clarita Sports Complex in the amount of $130,200, subject to the right of the City Manager to modify the award in the event issues of impossibility of performance arise; execute up to two (2) annual renewal options not to exceed $130,200 each, plus Consumer Price Index (CPI) adjustments, contingent upon the appropriation of funds by the City Council in the annual budget for such Fiscal Year; authorize the City Manager, or designee, to execute all documents, subject to City Attorney approval. In response to an inquiry from Mayor McLean, Assistant City Manager Ken Striplin provided additional information. 1 Meeting Minutes 4 September 13, 2011 ITEM 5 CONSENT CALENDAR FISCAL YEAR 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM The City of Santa Clarita has been awarded a grant for $36,780 by the U.S. Department of Justice, Bureau of Justice Assistance, through the Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. City Council accept Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) funds from the U.S. Department of Justice, Bureau of Justice Assistance; increase estimated revenues in account 206- 4461.012 by $36,780; increase estimated expenditures in account 16113-5111.001 by $8,538, in account 16113-5161.001 by $23,142, and in account 16113-5191.001 by $5,100; and authorize City Manager, or designee, to execute any contract documents, change orders, or amendments arising out of this program, subject to City Attorney approval. ITEM 6 CONSENT CALENDAR SECOND READING AND ADOPTION OF AN ORDINANCE FOR PREZONE 11-001 (MASTER CASE 11 -03 8) FOR THE NORTH COPPERHILL ANNEXATION AREA Adopt Prezone 11-001 for the 2,475- acre North Copperhill Annexation area located east of San Francisquito Canyon, south of the Angeles National Forest, west and south of Bouquet Canyon Road, and north and east of the existing City of Santa Clarita corporate boundary. City Council adopt Ordinance No. 11-15 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING PREZONE NO. 11-001 (MASTER CASE 11 -03 8) FOR THE PURPOSES OF ANNEXATION FOR THE NORTH COPPERHILL ANNEXATION AREA, AS SHOWN. Addressing the Council on this item was Cam Noltemeyer. ITEM 7 CONSENT CALENDAR ADOPTION OF THE MEMBERSHIP CHARTER FOR THE LOS ANGELES REGIONAL COLLABORATION FOR CLIMATE ACTION AND SUSTAINABILITY In January, 2011, the City of Santa Clarita began work on a Climate Action Plan (CAP). The Los Angeles Regional Collaborative for Climate Action and Sustainability (LARC) is a network designed to encourage greater coordination and cooperation at the local and regional level by bringing together leadership from local governments, the business community, academia, labor, and community groups. The purpose of this collaboration is to share information, foster partnerships, and develop system -wide strategies to address climate change and promote the green economy. City Council adopt a resolution adopting the Membership Charter for the Los Angeles Regional Collaborative for Climate Action and Sustainability. Addressing the Council on this item was Alan Ferdman and Ed Ventresca. Meeting Minutes 5 September 13, 2011 In response to an inquiry from Mayor McLean, Assistant City Manager Ken Striplin provided additional information. Councilmember Kellar requested and Council concurred to table this item. ITEM 8 CONSENT CALENDAR INTERSECTION SAFETY IMPROVEMENTS, PROJECT C3011 - PROJECT ACCEPTANCE The Intersection Safety Improvements project enhanced safety at the intersections of Rye Canyon Road and Avenue Scott, Whites Canyon Road -and Stillmore Street, and Soledad Canyon Road and Galeton Road. The traffic signals were modified to provide protected left turns and eliminate accidents related to permissive left turns. City Council accept the completion of the Intersection Safety Improvements, Project C3011; 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. Addressing the Council on this item was Alan Ferdman, representing the Canyon Country Advisory Committee, ITEM 9 CONSENT CALENDAR COUNCIL DIRECTION REGARDING REQUEST FOR PROPOSALS FOR TEMPORARY BIN AND ROLL -OFF SERVICE PROVIDERS This agenda report is in response to the City Council's questions posed at the City Council meeting on August 23, 2011, regarding the Request for Proposals released on July 24, 2011, for Temporary Bin and Roll -Off service providers. City Council direct staff to terminate the Request for Proposals (RFP) process and rescind Resolution 09-24, which expands the Non -Exclusive and Roll -Off Franchise and opens on an annual basis to allow additional enterprises to join the franchise. Addressing the Council on this item was Greg Loughnane, representing Athens Services; Dana Cop; James Pledger, representing Consolidated Disposal Services; Don Cruikshank, representing A.V. Equipment Rental; Chris Fall, representing Randfam Inc.; Lefty Randall, representing Randfam Inc.; Cam Noltemeyer; Tom Ybarra, representing Reel Waste & Recycling; and Stacy Walters, representing Waste Management. In response to an inquiry from Councilmember Kellar, Assistant City Manager Ken Striplin provided additional information. ITEM 10 CONSENT CALENDAR CHECK REGISTER NOS. 17 Approval of the Check Register. City Council approve and ratify for payment the demands presented in Check Register No. 17. Meeting Minutes 6 September 13, 2011 Motion by Ferry, second by Weste, to approve the Consent Calendar, excepting item 7. On roll call vote: Ayes: Weste, Kellar, Ender, Ferry, McLean Noes: None Absent: None Motion carried. ITEM 11 PUBLIC FEARING LANDSCAPE MAINTENANCE DISTRICT PROCEEDINGS Mayor McLean opened the public hearing. City Attorney Joseph Montes made the following statement: "The City Attorney's office, working with City staff, has done an analysis of the various actions which are the subject of the public hearing this evening, as well as the future decisions which the Council may have to make with respect to the subject matter of tonight's hearing and has analyzed those actions in terms of the location of the City Councilmembers' personal residences. Based upon that analysis, three councilmembers have potential conflicts of interests within the meaning of the California FPPC regulations. More specifically, . Councilmember Weste and Mayor McLean live within 500 fee of property that is proposed to,be subject to assessment. Councilmember Ender's residence is located within one of the districts that is proposed for an adjustment to the present level of assessment. Pursuant to FPPC rules, a councilmember has a potential conflict of interest with respect to his or her personal residence if there is a substantial likelihood that the decision to be made will have a material financial effect on the value of their property. Prior to this evening, the only decision made by the Council was to initiate this process and submit the matter to affected property owners for a ballot vote as required by proposition 218. If no further decisions or actions were taken by the Council, there could be no change to the LMD assessments. Accordingly, there was no substantial likelihood that that decision to initiate would have a material financial effect on the value of any Councilpersons' property, so no potential conflict existed at that time. Although no action is being taken tonight, the hearing tonight is intended to solicit public testimony that may persuade the Council to vote one way or another when an ultimate decision on this matter is brought to the Council. Whether the Council can act or not is still a question, as the votes have not yet been tabulated. If the vote fails, no further action will be taken on this item. If the vote is favorable, the matter will be brought back for Council consideration. At that time, decisions will be made by the Council that could impact the assessments levied in the City, and those decisions could be based in part on testimony given tonight—thus the need to address this issue at this point in time. Meeting Minutes 7 September 13, 2011 Going forward, it is still difficult to see how any future decision on this matter will have a material financial effect on any of the Councilpersons' property. It would be difficult to reliably quantify a change in property value resulting from the mere proximity to an assessment district. Further, the change contemplated in Ms. Ender's district is less than $14 per home per year. Nevertheless, and in an abundance of caution, we are recommending that Mayor McLean, Mayor Pro Tem Ender and Councilmember Weste refrain from further participation in this matter—with one exception. Once all returned ballots are tabulated and if a majority protest does not exist, in order to vote to change the assessments, 3 affirmative votes will be required. Pursuant to FPPC regulation 18708 --"Legally Required Participation" --when less than the required number of Councilpersons are eligible to vote on a matter, a process is outlined to allow the minimum number to participate and still be in compliance with FPPC rules. In the present situation, the process will allow one of the three Councilpersons with a potential conflict of interest to legally participate in the future decisions so that the minimum required number of voters ate available on the Council. Under regulation 18708, the first step in the process is to make certain disclosures, as follows: Disclosure of the Councilmembers' economic interests: Mayor McLean resides within 500 feet of properties proposed to be annexed into Zone 2008-1. Mayor Pro Tem Ender resides within Zone T46. Councilmember Weste resides within 500 feet of the boundary of LMD Zone 28. 2. The summary of circumstances that create the potential conflict: Mayor Pro Tem Ender has property that could be the subject of a future decision on assessments. With respect to Ms Weste and Mayor McLean, property located within 500 feet of affected property is presumed to be directly involved in any decision related to the proximate property. If a majority protest vote of the landowners does not exist, the Council could vote to adjust assessments, which could possibly have some impact on property values. There is no other source of decision making authority: Pursuant to the Landscape and Lighting Act of 1972 and the Proposition 218 implementation act, the City Council as the governing body of the City is the body that would make final decisions pertaining to the existing LMD districts within the City. Meeting Minutes 8 September 13, 2011 The second step under regulation 18708, is to select the P Councilperson who will participate in this matter. The City Clerk has prepared three envelopes—two of which state that the recipient will not participate in future decisions and one of which states that the recipient may participate in future decisions on this matter. I would ask the City Clerk to randomly distribute those and ask the recipients to open the envelopes." City Clerk Sarah Gorman randomly distributed envelopes to Mayor McLean, Mayor Pro Tem Ender, and Councilmember Weste. The contents of two of those envelopes indicated that the recipient may not participate in a decision on the issue and one of those envelopes indicated that the recipient may participate in a decision on this issue. Mayor McLean and Mayor Pro Tem Ender received the envelopes that indicated that they could not participate on the decision on the issue and removed themselves from the dais. Councilmember Weste received the envelope that indicated that she could participate in the decision on the issue. Mr. Montes stated then stated the following: Unless there are any questions from the Council, I would ask Mayor McLean and Mayor Pro Tem Ender to please step down from the dais for the balance of this item, and then ask Councilmember Weste to continue with the conduct of the public hearing this evening. After the recusal of Mayor McLean and Mayor Pro Tem Ender, Councilmembers Weste, Kellar, and Ferry determined that Councilmember Weste would act as the Mayor's delegate to administer the Council meeting on this issue. Mr. Montes commented the following: "Again, pursuant to FPPC regulations, what I have been describing this evening are potential conflicts of interest. In an abundance of caution, this process is intended to address that potential. However, regardless of the existence of a real or only a potential conflict, based upon compliance with regulation 18708, Councilmember Weste is now authorized to participate in the balance of this process." Ms. Gorman stated that all notices required by law have been provided. Addressing the Council on this item was Alan Ferdman, representing the Canyon Country Advisory Committee; Marybelle Knight; Cam Noltemeyer; Jim Farley; and Greg Hoenes, representing the Santa Clarita Seventh -day Adventist Church. One written comment card was received. Councilmember Weste closed the public hearing. In response to inquiry from the public and Councilmember Ferry, Deputy City Manager and Director of Administrative Services Darren Herndndez and Mr. Montes provided additional information. Ms. Gorman provided information for the public regarding ballot tabulation. Meeting Minutes 9 September 13, 2011 Councilmember Weste then directed the City Clerk to tabulate the ballots beginning on September 14, 2011, in City Hall and stated that the process is open to the public. After tabulation, if no majority protest exists, the City Clerk is directed to announce the results of the tabulation at the September 27, 2011, City Council meeting. ' PUBLIC PARTICIPATION Addressing the Council was Cam Noltemeyer, regarding water chloride issues; Michael Santomauro, representing Help the Children; and Dana Schlumpberger, regarding the City Council joining the Los Angeles Regional Collaborative for Climate Action and Sustainability. STAFF COMMENTS (Matters of Public Participation) Councilmember Weste commented that regarding the water chloride issue, that the City has implemented source control through habit change and the City's efforts to protect the citizens of the Santa Clarita Valley and comply with the law. Mayor McLean stated that the Sanitation Districts are public meetings that are open to the public, and those meetings are held in Whittier. ADJOURNMENT Mayor McLean adjourned the meeting at 8:12 p.m. in memory of Rachael Lynne Marsik and Jere Melo. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, September 27, 2011, at 6:00 p.m. in the Council Chamber, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. MA KlkvAral ATTEST: �V-OR- CITY CLERK Meeting Minutes 10 September 13, 2011 1 1 1