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HomeMy WebLinkAbout2013-05-14 - MINUTES - JOINT REGULAR (4)CITY OF SANTA CLARITA MINUTES OF CITY COUNCIL SPECIAL MEETING 5:15 P.M. CITY OF SANTA CLARITA MINUTES OF JOINT CITY COUNCIL/ BOARD OF LIBRARY TRUSTEES REGULAR MEETING 6:00 P.M. MAY 14, 2013 CALL TO ORDER Mayor Kellar called to order the special meeting at 5:16 p.m. ROLL CALL All Councilmembers were present with the exception of Mayor Pro Tem Weste and Comicilmember Ferry who arrived at 5:18 p.m. PUBLIC PARTICIPATION No requests to speak were received. ' CLOSED SESSION Joseph Montes, City Attorney, advised of the need to conduct a Closed Session for the purpose of holding a: CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Government Code Section 54956.9 (d)(4)- one matter RECESS TO CLOSED SESSION Mayor Kellar recessed the meeting to Closed Session at 5:17 p.m. and reconvened the meeting at 6:05 p.m. CITY ATTORNEY ANNOUNCEMENT Joseph Montes, City Attorney, announced that no action was taken in closed session that was required to be reported. ADJOURN . Mayor Kellar adjourned the meeting at 6:07 p.m. INVOCATION Mayor Kellar delivered the invocation. 1 CALL TO ORDER Mayor/President Kellar called to order the regular joint meeting of the City Council/Board of Library Trustees.at 6:08 p.m. Mceting Minutes I May 147 2013 ROLL CALL All Councilmembers were present. FLAG SALUTE Boy Scout'froop 2222 of Santa Clarita 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 Ferry, second by McLean, to approve the agenda pulling Items 6 and 8 for discussion. Hearing no objections, it was so ordered. AWARDS AND RECOGNITIONS Councilmember McLean and Council presented the Outstanding Project of the Year Award from American Public Works Association (APWA) High Desert Chapter for the Old Town Newhall Library to staff of the Public Works Department. 1 Mayor Kellar and Council introduced Dean McGuire, Assistant Fire Chief, Los Angeles County Fire Department. PRESENTATIONS None Scheduled. PUBLIC PARTICIPATION Addressing the Council was Allan Cameron regarding the Sanitation District and chloride issues, Alan Ferdman regarding the Sanitation District and the contract with Community Conservation Solutions (CCS), Cam Noltemeyer regarding the chloride issue, the Supreme Court decision to uphold local bans on Medical Marijuana dispensaries, and Council's decision to uphold support of the Santa Clarita Valley Economic Development Corporation (SCVEDC), and Lynne Plambeck representing SCOPE regarding the May 16 California Public Utilities Commission (CPUC) Public Participation Hearings at City Hall for the Castaic Lake Water Agency's acquisition of Valencia Water Company. City Manager Ken Striplin commented regarding the City's contract with California Conservation Solutions, commented regarding the numbers of jobs created with help from the SCVEDC, and commented that water districts are not under the City's jurisdiction. Meeting Minutes 2 May 14, 2013 COMMITTEE REPORTS/COUNCILMEMBERCOMMENTS Councilmember McLean commented on accepting; on behalf of Council, the Southern California Association of Governments (SLAG) Compass Blueprint award for the joint One Valley One Vision (OVOV) Plan; commented on her attendance at the Southland Regional Realtor's breakfast on April 30 and presented on the high speed rail project; attended the Placerita Nature Center open house on May 11; announced the SCV Senior Center fundraiser event on June 15 at Central Park; invited residents to attend the Old Town Newhall. Block Party organized by small businesses on May 18; and invited residents to attend the next Senses On Main in Old Town Newhall this Thursday. Councilmember Ferry thanked the community for making Santa Clarita a great place to raise children and showed a clip containing photos of his sons. Councilmember Boydston congratulated staff and the Mayor on a great Town 1-1,111 meeting on May 8; congratulated Elizabeth Hopp and Steve Sturgeon for winning the 2013 Man and Woman of the Year award on May 3; commented regarding receiving the list of jobs created by the SCVEDC and stated that he would provide the list to Ms. Noltemeyer; requested information from the City Attorney regarding the water agency being required by contract to distribute an allotment of x number of gallons even if there were a drought or other emergency; commented on the chloride issue and requested for staff to check on the possibility of the Water District's ability to restrict sewer access and also the capacity of the Sanitation District to keep the seven million gallons of processed water per day; requested a copy of the written agreement between the City and the Sanitation District that states that half of the cost of the contract with Conservation Community Services will be paid by the Sanitation District and also requested a copy of the writings from an initial meeting to discuss the services of Conservation Community Services (CCS) as required by the City per the agreement; encouraged residents to attend a Chloride Compliance outreach meeting on either May 15 or May 23; and requested that residents contact their State Representative to fight the chloride issue because the State is setting the chloride limits for Santa Clarita. Mayor Pro Tern Weste commented regarding the Amgen Tour finish; invited residents to attend the Senses on Main "Rock the Bike" event on Thursday; and announced the City's First Home Program where interested participants must attend one of four available informational meetings. Mayor Kellar commented on the Amgen Tour that finished today at 3:45 p.m. and the many people who attended and apologized for any inconvenience to residents; and requested that the meeting be adjourned in memory of Brittany Schlumpberger. ITEM 1 CONSENT CALENDAR APPROVAL OF MEETING MINUTES - The minutes of the previous Joint City Council and Board of Library Trustees meeting are submitted for approval. City Council and Board of Library Trustees: Approve the minutes of the April 23, 2013; regular meeting. Meeting Minutes W 3 May 14, 2013 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 determines that the titles to all ordinances which appear on this public agenda have been read and waive further reading. ITEM 3 CONSENT CALENDAR SECOND READING AND ADOPTION OF AMENDMENTS TO CHAPTER 11.12 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO PLACEMENT OF SIGNS IN THE PUBLIC RIGHT OF WAY At the February 26, 2013, City Council meeting, the City Council of the City of Santa Clarita directed staff to return with a draft amendment to the City's Municipal Code that would provide that any noncommercial signs removed from public property be stored by the City for some period of time, after which the owner of the sign can retrieve any such sign without paying any fine: The City Council approved a first reading of an ordinance at the April 23, 2013, Council meeting. City Council conducts second reading and adopts an Ordinance No. 13-04 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 11.12 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO SIGNS PLACED ON PUBLIC PROPERTY." ITEM 4 CONSENT CALENDAR STATE LEGISLATION: ENTERPRISE ZONES There are currently 40 Enterprise Zones designated throughout the State of California. The central purpose of the program is to provide incentives for employers within the zones to hire individuals with barriers to employment. Some general categories of persons identified as having "barriers to employment" include: economically disadvantaged individuals, disabled individuals, dislocated workers, ex -offenders, individuals eligible to receive public assistance, and persons residing within targeted employment areas. In 2007, the State of California designated areas within the City of Santa Clarita as an Enterprise Zone. In 2010, the original zone designation was terminated and a new Santa Clarita Valley Enterprise Zone was established, including both incorporated and unincorporated areas of the community. The Enterprise Zone term runs for 15 years from the time of designation. City Council approve the recommendations of the City Council Legislative Committee: adopt an "oppose" position to administration or legislative efforts to eliminate the Enterprise Zone program in California; and adopt a "support" position for administrative action or legislation which seeks to reform or enhance the Enterprise Zone program to make it more effective or increase participation by businesses located within the Santa Clarita Valley Enterprise Zone. Addressing the Council on this item was Jonas Peterson, representing SCV Economic I Development Corporation. Meeting Minutes 4 May 14. 2013 ITEM 5 CONSENT CALENDAR STATE LEGISLATION: AB 323 (CHESBRO) GIEENWASTE RECYCLING AND DIVERSION On April 19, 2013, the City Council Legislative Committee met and considered AB 323, currently pending before the California Legislature. if enacted into law, this bill would ensure that no later than January 1, 2020, the use of green material as alternative daily cover or alternative intermediate cover does not constitute diversion through recycling and would be considered disposal for purposes of the act. City Council adopt the recommendation of the City Council Legislative Committee and adopt an "oppose" position for Assembly Bill 323 (Chesbro) and transmit letters of opposition to Assemblyman Chesbro, Santa Clarita's State Legislative delegation, appropriate Legislative committees, Governor Brown, and the League of California Cities. ITEM 6 CONSENT CALENDAR STATE LEGISLATION: AB 5 (AMMIANO) HOMELESS PERSON'S BILL OF RIGHTS AND FAIRNESS ACT On April 19, 2013, the City Council Legislative Committee met and considered AB 5, currently pending before the California Legislature. If enacted into law, this bill would enact the Homeless Person's Bill of Rights and Fairness Act, which would provide that no person's rights, privileges, or access to public services may be denied or abridged because he or she is homeless, ' has a low income, or suffers from a mental illness or physical disability. These include the right for the homeless to access public property, public restrooms, clean water education supplies, emergency health care and fair/affordable housing. City Council adopt the recommendation of the City Council Legislative Committee and adopt an "oppose" position for Assembly Bill 5 (Ammiano) and transmit letters of opposition to Assemblyman Ammiano, Santa Clarita's State Legislative delegation, appropriate Legislative committees, Governor Brown, California Parks and Recreation Society (CPRS), and the League of California Cities. Councilmember McLean commented regarding the Bridge to Home program and recommended that the City include "oppose as proposed" and include positive items in the opposition letter. Councilmember Boydston commented regarding the clauses of the bill being problematic for local government. Mayor Pro Tem Weste commented regarding the many different needs of the homeless and the City resident's who work on these issues. ITEM 7 CONSENT CALENDAR STATE LEGISLATION: AB 564 (MULLIN) COMMUNITY REDEVELOPMENT: SUCCESSOR AGENCIES On April 19, 2013, the City Council Legislative Committee met and considered AB 564, currently pending before the California Legislature. If enacted into law, this bill would ensure successor agencies that receive a finding of completion from the Department of Finance will be Meeting Minutes 5 May 14. 2013 able to rely over the long term on the loan repayment, expenditure of bond proceeds and property ' retention benefits provided in AB 1484.City Council adopt the recommendation of the City Council Legislative Committee and adopt a "support" position for Assembly Bill 564 (Mullin) and transmit letters of support to Assemblyman Mullin, Santa Clarita's State Legislative delegation, appropriate Legislative committees, Governor Brown, and the League of California Cities. ITEM 8 CONSENT CALENDAR FEDERAL LEGISLATION: 5.771 Michael Murphy, Intergovernmental Relations Officer advised that on April 18, 2013, United States Senator Barbara Boxer (D -CA) introduced S. 771, the Soledad Canyon Settlement Act. This bill is the latest legislative effort to resolve the now 14 -year old dispute between the City of Santa Clarita and CEMEX regarding sand and gravel mining in Soledad Canyon. An important addition to this session's legislative effort is Senator Dianne Feinstein's co-sponsorship of S. 771. City Council adopt "support" position for S. 771, and transmit position statements to Senator Barbara Boxer, Senator Dianne Feinstein, Representative Howard P. "Buck" McKeon, Members of the Senate Committee on Energy and Natural Resources, Members of Congress as appropriate, the Director of the United States Bureau of Land Management and the Secretary of the Interior. Mayor Pro Tem Weste commented regarding the National Parks Service study of the Rim of the Valley which has identified the upper Santa Clara river as a nationally significant natural I resource area and thanked all of the legislators for their efforts in resolving this issue. Councilmember Boydston requested clarification from staff about monetary obligations of the City in this bill. ITEM 9 CONSENT CALENDAR APPROVE THE USE OF A "PIGGYBACK" CONTRACT FOR THE PURCHASE OF A F550 DUMP TRUCK The City Council authorized the purchase of a dump truck during the Fiscal Year 2012-2013 budget process. The dump truck will be used by the Streets Division for transporting asphalt to ramp raised sidewalks. City Council: Approve the purchase of a 2013 Ford F550 Dump Truck using State of California Contract 1-13-23-20A in an amount not to exceed $53,526.05; and authorize the City Manager or designee to modify all documents to contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perforin, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. ITEM 10 CONSENT CALENDAR AWARD PURCHASE OF TWO UTILITY TRUCKS 1 On February 12, 2013, Council approved the purchase of two 3/4 ton utility trucks from Reynolds Buick in an amount not to exceed $46,673.80 for both vehicles. A purchase order was Meeting Minutes 6 May 147 2013 C issued to Reynolds Buick, Inc. upon award, and Reynolds accepted the order and placed it in their production schedule. After two months of requested updates, staff learned that the order had actually been cancelled in the vendor's production system and could no longer be filled due to production due dates. Reynolds has asked to remove their bid from consideration. City Council: Allow Reynolds Buick, Inc. to withdraw their bid for the 3/4 ton utility trucks; award purchase for two 3/4 ton trucks to Parkway Motorcars in compliance with City Ordinance "In Support of Santa Clarita Businesses;" and authorize the City Manager or designee to modify all documents to contract with the next lowest and/or qualified bidder/proposer in the event the awardee is unable to fulfill its obligations or perform, subject to City Attorney final document approval, contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year. ITEM 11 CONSENT CALENDAR CHECK REGISTER NO. 8 - Approval of the Check Register. City Council approve and ratify for payment the demands presented in Check Register No 8. Motion by Boydston, second by Weste, to approve the Consent Calendar. On roll call vote: Ayes: McLean, Ferry, Weste, Boydston, Kellar Noes: None Absent: None Motion carried. RECESS AND RECONVENE Mayor Kellar recessed the meeting at 7:34 p.m. and reconvened at 7:42 p.m. ITEM 12 PUBLIC HEARING APPEAL OF MASTER CASE NO. 10-138, AT&T WIRELESS FACILITY LOCATED Mayor Kellar opened the public hearing. CONDITIONAL USE PERMIT 10-013 FOR AN OFF POPPY MEADOW DRIVE Deputy City Clerk Susan Caputo reported that all notices required by law have been provided. Planning Manager Jeff Hogan advised that the purpose of the public hearing is to review the appeal of the Planning Commission's approval of a new AT&T wireless telecommunications facility on a property that holds two existing Newhall District water tanks located between Poppy Meadow Drive and Narcissus Crest Avenue, in the community of Canyon Country. The applicant did not address the Council at this time but was available to answer questions. Addressing the Council on this item was .lames Enge; Chris Towles, Karen Towles, Terry Crain representing Santa Clarita Valley Chamber of Commerce, Jim Backer, Donna Kellison, Dante Meeting Minutes May 14, 2013 Acosta, and Lynne Plambeck representing Santa Ctarita Organization for Planning and ' Environment (SCOPE). Addressing the Council representing the applicant was Dana Cop from AT&T and Vance Pomeroy, consultant representing AT&T. Council inquired regarding notification to residents, the time of the noise study, ambient noise level, monopoles, the placement of the poles, and the possibility of planting trees to aid in maximizing aesthetics. Mayor Kellar commented that there are 37 emails received in support and nine written comment cards in opposition to the project. City Attorney Joe Montes responded to Mayor Keller's inquiry regarding the City's regulatory authority in placement of cell towers. Councilmember McLean requested that the noise level should not be allowed to increase due to installation of the monopoles and cabinets, and requested a noise level reading be conducted between 2:00 a.m. and 3:00 a.m. Mayor Pro Tem Weste requested that the applicant plant trees around the area to maximize aesthetics and noise mitigation. City Attorney Joe Montes commented regarding placing a noise condition requiring that a ' follow-up study be initiated once the facility is operational to ensure that the ambient noise level has not increased. If noise is increased, the applicant must mitigate the noise level to the standard. City Manager Ken Striplin confirmed that staff, along with Newhall County Water and the Fire Department, will put together a plan for planting of trees and then present a memo to Council. Mayor Kellar closed the public hearing. Motion by Ferry, second by Weste, for City Council to adopt a Resolution No. 13-23 to deny the appeal and affirm the Planning Commission's approval, approving Master Case 10-138, Conditional Use Permit 10-013 as amended, to allow for the construction of a wireless telecommunications facility adjacent to an existing water tank located at APN 2854-006-900 subject to the Conditions of Approval as modified concerning noise and landscaping. On roll call vote: Ayes: Ferry, Weste, Kellar Noes: Boydston, McLean Absent: None Motion carried. Meeting Minutes 8 May 14, 2013 Councilmembeis Boydston and McLean commented that their no vote was based on unanswered questions from the applicant. ITEM 13 PUBLIC HEARING ADOPTION OF AN ORDINANCE GRANTING A FRANCHISE., AGREEMENT TO PACIFIC PIPELINE SYSTEM LLC Mayor Kellar opened the public hearing. Deputy City Clerk Susan Caputo reported that all notices required by law have been provided. Management Analyst, Elena Galvez advised that in 1999 the City granted to Pacific Pipeline System LLC a franchise for the purpose of transporting oil and related products and substances by pipeline in certain designated areas of the City. This franchise is terminated and a new franchise agreement is proposed. Addressing the Council on this item was Cam Noltemeyer. Councilmember Boydston inquired regarding the pipeline inspection gage (PIG), pipeline repairs, and a possible parking lot near the YMCA on the applicant's land. 1 Mr, Greg Armentrout of Plains All American Pipeline, LP, parent company of Pacific Pipeline System, LLC, responded to Councilmember Boydston's inquiries. Mayor Kellar closed the public hearing. Motion by Ferry, second by Weste, for City Council to adopt an Ordinance No. 13-05 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, GRANTING A FRANCHISE TO CONSTRUCT AND USE AN OIL PIPELINE TO PACIFIC PIPELINE SYSTEM LLC;" and appropriate revenue in the amount of $15,000 to Franchise Fee Revenue Account No. 100-4012.001. On roll call vote: Ayes: Weste, Boydston, McLean, Ferry, Kellar Noes: None Absent: None Motion carried. RECESS AND RECONVE Mayor Kellar recessed the meeting at 9:10 p.m. and reconvened at 9:16 p.m. ITEM 14 NEW BUSINESS INTRODUCTION AND FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING: CHAPTER 1.01 (CODE ADOPTED), CHAPTER'). I 2(PURCHASES), Meeting Minutes 9 May 14, 2013 CHAPTER 10.06 (FLOODPLAIN MANAGE,MEN'f), CHAPTER 11.46 (FILMING POLICY), CHAPTER 11.68 (GRAFFITI), TITLE 14 (PARKS AND OTHER PUBLIC PLACES), CHAPTERS 23.10, 23.20 AND CHAPTER 23.30; (NEIGHBORHOOD PRESERVATION); ADDING CHAPTER 15.40 (CHANNELS) AND REPEALING CHAPTER 23.40 (COST RECOVERY) OF THE SANTA CLAR-ITA MUNICIPAL CODE Armin6 Chaparyan, Redevelopment Manager/Interim City Clerk, reported that Revisions to the Municipal Code are a necessity to meet the changing needs of the community. In order for staff to provide the best service possible, codes need to be modified, redundant codes need to be deleted, and new codes need to be adopted. Public outreach was conducted to determine if there is support for the proposed changes. Overall, the participants supported the proposed changes to the Santa Clarita Municipal Code to improve the quality of life for the residents. Addressing the Council on this item was Alan Ferdman, Berta Gonzalez -Harper, Cam Noltemeyer, and Lynne Plambeck. Councilmember Boydston inquired regarding prohibits on appealing to the Council clause in code enforcement violations and requested if there was Council support in separating the code to be aesthetic or criminal; commented that access to certain open space should not be by permission of the Director but should be restricted by covenant or by safety issues; requested to include a definition for "knife" by blade length for restrictions of what can be brought into a park instead of precluding all knives; requested to modify code enforcement issues regarding maintenance of driveways and walkways to include "excessively cracked" and inquired which staff interprets violations of property maintenance issues. City Attorney Joe Montes clarified that code enforcement efforts are principally complaint driven and if there is a prosecution of the complaint, the City must be mindful of the Court's standards of egregious offenses and typically, the City will only seek prosecution for multiple property maintenance offenses. Councilmember Boydston requested that Chapter 23.30.040 section (F) be stricken from the ordinance and asked if the code enforcement officers were qualified to detennine compliance in section (J)(4). City Manager Ken Striplin clarified that the approach of code enforcement is complaint driven with the ultimate objective of addressing issues that were brought forth by the community. Motion by McLean, second by Ferry, to introduce and an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING: CHAPTER 1.01 (CODE ADOPTED), CHAPTER 3.12 (PURCHASES), CHAPTER 10.06 (FLOODPLAIN MANAGEMENT), CHAPTER 11.46 (FILMING POLICY), CHAPTER 11.68 (GRAFFITI), TITLE 14 (PARKS AND OTHER PUBLIC PLACES), CHAPTERS 23.10, 23.20 AND CHAPTER 23.30 (NEIGHBORHOOD PRESERVATION); ADDING CHAPTER 15.40 (CHANNELS) AND REPEALING CHAPTER 23.40 (COST RECOVERY) OF THE SANTA CLARITA MUNICIPAL CODE;" and set the Ordinance for adoption on May 28, 2013. 1 Meeting Minutes - 10 May 14, 2013 PUBLIC PARTICIPATION CONTINUED No further requests to speak were received. ADJOURNMENT Mayor Kellar adjourned the meeting at 10:23 p.m. in memory of Brittany Schlumpberger. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, May 28, 2013, at 6:00 p.m. in the Council Chamber, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. 1 ATTEST: Cl CLE Meeting Minutes I I May 14, 2013 On roll call vote: Ayes: Mclean, Ferry, Weste, Kellar Noes: Boydston Absent: None Motion carried. PUBLIC PARTICIPATION CONTINUED No further requests to speak were received. ADJOURNMENT Mayor Kellar adjourned the meeting at 10:23 p.m. in memory of Brittany Schlumpberger. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, May 28, 2013, at 6:00 p.m. in the Council Chamber, 1 st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. 1 ATTEST: Cl CLE Meeting Minutes I I May 14, 2013