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HomeMy WebLinkAbout2013-05-28 - MINUTES - SPECIAL REGULAR (2)' CITY OF SANTA CLARITA MINUTES OF CITY COUNCIL SPECIAL MEETING 5:30 P.M. CITY OF SANTA CLARITA MINUTES OF JOINT CITY COUNCIL/ BOARD OF LIBRARY TRUSTEES REGULAR MEETING 6:00 P.M. MAY 28, 2013 CALL TO ORDER Mayor Kellar called to order the special meeting at 5:31 p.m. ROLL CALL All Councilmembers were present with the exception of Councilmember Ferry who arrived at 5:35 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 — EXISTING LITIGATION Government Code Section 54956.9 (d)(1) Case Name: Toro Enterprises, Inc. v Tobo Construction, Inc. Los Angeles County Superior Court Case No: PC054893 CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Agency Negotiator: City Manager or designee Represented Employees: All positions represented by SEIU Local 721 Government Code Section 54957.6 Agency Negotiator: City Manager or designee Unrepresented Employees: All positions not represented by SEIU Local 721 RECESS TO CLOSED SESSION Mayor Kellar recessed the meeting to Closed Session at 5:32 p.m. and reconvened the mccting at ' 6:00 p.m. Meeting Minutes I May 28, 2013 CITY ATTORNEY ANNOUNCEMENT ' Joseph Montes, City Attorney, announced that in Closed Session, the City Council voted unanimously to authorize the City Attorney and the law firm of Burke, Williams & Sorensen to undertake the defense of the City in the Toro Enterprises, Inc. v Tobo Construction, Inc. matters as listed on the Closed Session agenda. ADJOURN Mayor Kellar adjourned the special meeting at 6:00 p.m. INVOCATION Councilmember McLean delivered the invocation. CALL TO ORDER Mayor/President Kellar called to order the regular joint meeting of the City Council/Board of Library Trustees at 6:00 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember McLean 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 Boydston, second by Ferry, to approve the agenda pulling items 4, 6, and 9 for a separate vote and items 5 and 8 for public comment. Hearing no objections, it was so ordered. AWARDS AND RECOGNITIONS None were scheduled. PRESENTATIONS Anna Frutos-Sanchez representing Edison and Robin Squier representing the Energy Coalition presented the City with a check in the amount of $33,648 and a silver -tier achievement plaque for a parking lot lighting retrofit project and energy efficiency work. Meeting Minutes 2 May 28, 2013 1 PUBLIC PARTICIPATION Addressing the Council was Alan Ferdman regarding the chloride issue and extending gratitude to City Manager Ken Striplin for the remarks at the Memorial Day event and to Public Works Director Robert Newman for addressing drainage issues at Walnut Springs Avenue. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Boydston commented regarding the Sanitation District Environmental Impact Report (EIR) and thanked all involved in the Memorial Day event; announced that the Senses on Main event has a "Birthday" theme that will kick-off this summer's festivities on .Tune 20 and additional information can be found on www.thursdaysatnewhall.com; and commented on the opening of the new gastro pub, Newhall Refinery. Motion made by Councilmember Boydston to call a Special Meeting in order for the City Council to consider writing a letter to the Sanitation District Board to ask for additional time on the draft EIR to be able to examine it. Mayor Kellar expressed his support to call the Special Meeting to send a letter to the Regional Board. Mayor Kellar clarified the motion to schedule a Special Meeting to discuss the matter of requesting an extension to the draft EIR. Council concurred. Mayor Pro Tem Weste commented on the Memorial Day event; commented on participating in 1 the "We Build" event at College of the Canyons benefiting the Habitat for Heroes where 87 homes will be built for veterans; commented regarding her trip to Sacramento on May 22 for a meeting with Assemblymembers Scott Wilk and Steve Fox to discuss the Santa Clara River chloride issue; and also met with State Senators Steve Knight and Fran Pavley to discuss the Federal Clean Water Act and the City's compliance with the process. Councilmember Ferry commented regarding the graduating classes of 2013 and thanked the Principals of each of the schools in the Hart District for doing an admirable job; invited all to the 42nd Annual Auction benefitting the Boys and Girls Club on June 1. Councilmember McLean commented regarding her attendance at the SCV Teen Hero recognition ceremony; commented on also participating at the Habitat for Humanity "We Build" project; commented regarding meeting with Mike DePallo of Metrolink to discuss new routes to Burbank Airport and the new Sunday trips that will be added to the schedule; and commented on the Touch a Truck Event coming to Central Park to benefit the SCV Senior Center where tickets can be purchased at www.SCVTouchatruck.orro. Mayor Kellar commented regarding the Memorial Day event and thanked Eternal Valley and all those involved; invited residents to attend the Water Safety Expo at Fire Station 126 on June 8; announced the new Straightening Reins non-profit youth program; and requested that the meeting be adjourned in memory of Kay Harding. ITEM I CONSENT CALENDAR APPROVAL OF MEETING MINUTES - The minutes of the previous Joint City Council and Meeting Minutes May 28, 2013 Board of Library Trustees meeting are submitted for approval. City Council and Board of I Library Trustees: Approve the minutes of the May 14, 2013, regular meeting and special meeting. 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 STATE LEGISLATION: ASSEMBLY BILL 265 (GATTO) LOCAL GOVERNMENT LIABILITY: DOG PARKS - On May 6, 2013, the City Council Legislative Committee met and considered Assembly Bill 265, currently pending before the California Legislature. If enacted into law, this bill would provide that a city that owns or operates a dog park could not be held liable for any injury or death suffered by any person or pet resulting solely from the actions of a dog in the dog park. City Council adopt the recommendation of the City Council Legislative Committee and adopt a "support, if amended" position for Assembly Bill 265 (Gatto) and transmit letters to Assemblyman Gatto, Santa Clarita's State Legislative delegation, appropriate Legislative committees, Governor Brown, and the League of California Cities. 1 ITEM 4 CONSENT CALENDAR SECOND READING AND ADOPTION OF AN ORDINANCE 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 23.30 (NEIGHBORHOOD PRESERVATION); ADDING CHAPTER 15.40 (CHANNELS), AND REPEALING CHAPTER 23.40 (COST RECOVERY) OF THE SANTA CLARITA MUNICIPAL CODE - 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. Councilmember Boydston commented that aesthetic issues should be subject to an administrative process instead of criminal prosecution. Meeting Minutes 4 May 28, 2013 Motion by Ferry, second by McLean, to conduct second reading and adopt an Ordinance No. 13-06 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 23.30 (NEIGHBORHOOD PRESERVATION); ADDING CHAPTER 15.40 (CHANNELS), AND REPEALING CHAPTER 23.40 (COST RECOVERY) OF THE SANTA CLARITA MUNICIPAL CODE." On roll call vote: Ayes: McLean, Ferry, Weste, Kellar Noes: Boydstou Absent: None Motion carried. ITEM 5 CONSENT CALENDAR ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS - The City's residential and commercial solid waste services are provided by Waste Management and Burrtec. Per the approved Franchise Agreements, they may submit a ' request for a rate adjustment by April 1 for consideration. City Council adopt a Resolution No. 13-24 for the Second Amendment to the Amended and Restated Agreement Between the City of Santa Clarita and USA Waste of California, Inc. (dba Waste Management), for residential solid waste management services allowing an adjustment in their residential rates by 4.31 percent based on the formula outlined in their Franchise Agreement, and authorize the City Manager to execute the amended agreement, subject to City Attorney approval; and adopt a Resolution No. 13-25 for the First Amendment to the Amended and Restated Agreement Between the City of Santa Clarita and Burrtec Waste Industries, Inc. (Burrtee), for commercial solid waste management services allowing an adjustment in rates by 4.40 percent based on the formula outlined in their Franchise Agreement, and authorize the City Manager to execute the amended agreement, subject to City Attorney approval. Addressing the Council on this item was Cam Noltemeyer. City Manager Ken Striplin clarified the methodology of calculating the rate increase. ITEM 6 CONSENT CALENDAR JAN HEIDT AND VIA PRINCESSA METROLINK STATION PLATFORM CONCRETE AND TILE REPAIR, PROJECT M0095, FTA PROJECT NUMBER CA -90-Y276 - AWARD CONSTRUCTION CONTRACT - This project will replace deteriorated detectible warning tile with new warning tile on the platform and repair the spalled concrete along the platform edge, ' providing safety from trip hazards. Meeting Minutes 5 May 28, 2013 Mayor Pro Tem Weste recused herself from participating on this item due to the proximity of her , property to the subject area. Motion by Ferry, second by McLean, to approve the plans and specifications for the Jan Heidt and Via Princessa Metrolink Platform Concrete and Tile Repair, Project M0095, FTA Project Number CA -90-Y276; reject the nonresponsive bid from New Vision Construction; award the construction contract to R.C. Becker and Son, Inc., in the amount of $114,493 and authorize a fifteen percent contingency of $17,174 for a total contract amount not to exceed $131,667; increase Grant Revenue Account 700-4424.009 by $82,000 and appropriate $82,000 in Federal Transit Administration grant funds to expenditure account M0095700-5161.001; decrease revenues in TDA Article 8 account 233-4421.002 by $22,000 and decrease TDA Article 8 funds in expenditure account M0095233-5161.001 by $22,000; 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. On roll call vote: Ayes: McLean, Ferry, Boydston, Kellar Noes; None Absent: None Recused: Weste Motion carried. ITEM 7 CONSENT CALENDAR SAFE ROUTES TO SCHOOL, PROJECT T0039 - APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT - This project consists of the construction of physical improvements at crossings near Plum Canyon Elementary School, Mountainview Elementary School, and Fair Oaks Ranch Community School. The project will enhance student safety by reducing the speed of vehicles near school grounds and increasing the visibility of school crossings. City Council approve the plans and specifications for the Safe Routes to School (SRTS), Project T0039; award the construction contract to R.C. Becker and Son, Inc., in the amount of $229,588 and authorize a contingency in the amount of $45,917, for a total contract amount not to exceed $275,505; increase grant revenues in account 259-4621.001 by $264,419 and appropriate $264,419 to Expenditure Account T0039259-5161.001; appropriate $35,348 in Gas Tax Funds to Expenditure Account No. T0039230-5161.001 for construction match; increase grant revenues in account 259-4621.001 by $13,600 and appropriate $13,600 to SRTS account 14407-5161.001; appropriate $10,400 in Gas Tax Funds to account 14401- 5161.001 for the non -infrastructure component of the grant; 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. Meeting Minutes 6 May 28, 2013 ' ITEM 8 CONSENT CALENDAR ANNUAL LEVY OF ASSESSMENTS FOR OPEN SPACE PRESERVATION DISTRICT - Consideration and adoption of resolutions associated with the annual process of ordering, approving, and setting the public hearing on the annual levy of the Open Space Preservation District is required by the Landscaping and Lighting Act of 1972. City Council adopt a Resolution No. 13-26 initiating proceedings for the levy and collection of assessments within the Open Space Preservation District for Fiscal Year 2013-14; adopt a Resolution No. 13-27 declaring the City's intention to levy assessments and preliminarily approve an Engineer's Report in connection with the Open Space Preservation District for Fiscal Year 2013-14 and setting a public hearing for June 11, 2013. Addressing the Council on this item was Cam Noltemeyer. City Manager Ken Striplin clarified and commented on the role of the Financial Accountability and Audit Panel. ITEM 9 CONSENT CALENDAR ANNUAL LEVY OF ASSESSMENTS FOR SPECIAL DISTRICTS - This required procedural matter orders, approves, and sets the Public Hearing for the annual levy of the Drainage Benefit Assessment Areas, Landscape Maintenance Districts, Street Light Maintenance District, Golden Valley Ranch Open Space Maintenance District, and Tourism Marketing District (TMD). Mayor Pro Tem Weste recused herself from participating on this item due to its impact upon her property. Addressing the Council on this item was Cam Noltemeyer. City Manager Ken Striplin commented regarding Prop 218 and the outreach to each of the communities to determine the level of services provided by the City. Motion by Ferry, second by McLean, to adopt Resolution Nos. 13-28, 13-29, 13-30 initiating proceedings for the levy and collection of assessments for Fiscal Year 2013-14 for the Drainage Benefit Assessment Areas, Landscape Maintenance Districts, Streetlight Maintenance District, and the Golden Valley Ranch Open Space Maintenance District; adopt the annual report for the Tourism Marketing District (TMD) and Resolution Nos. 13-31, 13-32, 13-33 of Intent to continue a business improvement area in the City of Santa Clarita to be designated as the Tourism Marketing District and setting a public bearing for June 11, 2013; adopt Resolution Nos. 13-34, 13-35, 13-36 declaring the City's intention to levy assessments and preliminarily approving Engineer's Reports for the Special Districts and setting a ' public hearing for June 11, 2013. Meeting Minutes 7 May 28, 2013 On roll call vote: ' Ayes: McLean, Ferry, Boydston, Kellar Noes: None Absent: None Recused: Weste Motion carried. ITEM 10 CONSENT CALENDAR AWARD CONTRACT FOR THE PROCUREMENT AND INSTALLATION OF A NEW TELEPHONE SYSTEM FOR THE TRANSIT MAINTENANCE FACILITY - Award a contract for the purchase, installation, and support of a new telephone system for the City's Transit Maintenance Facility. City Council waive the formal bid process per Section 3.12.270(D) of the Municipal Code, and award a contract to IntelesysOne for the purchase, installation, and a three - (3) year support agreement for a new telephone system for the City's Transit Maintenance Facility in the amount of $152,028; authorize staff to purchase eleven (11) replacement desktop computers, one (1) server, and display monitors through the City's contract with Dell Computers in the amount of $16,448; and authorize a contingency in the amount of $30,241, for a total not to exceed $198,717; appropriate funds in the amount of $198,717 to the Transit equipment account 12400-5201.003, and increase the ARRA grant revenue account 700-4424.012 by $198,717; 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 CITY OF SANTA CLARITA'S FISCAL YEAR 2013-14 STATEMENT OF INVESTMENT POLICY - Per California Government Code Section 53646, the City Treasurer may annually present the City's Investment Policy to the City Council to reaffirm or make any changes to the existing policy. City Council adopt the City of Santa Clarita's Fiscal Year 2013-14 Statement of Investment Policy, and direct staff to submit the policy to the Association of Treasurers United States and Canada (APT US&C) for certification in their annual award program. ITEM 12 CONSENT CALENDAR AWARD CONTRACT FOR PROFESSIONAL AUDITING SERVICES - The contract for auditing services with the current firm has expired. Award auditing services contract for Fiscal Years 2012-13, 2013-14, and 2014-15. City Council reject the nonresponsive proposal from Moss, Levy & Hartzheim, LLP, and award the Auditing Services contract to McGladrey LLP for an amount not to exceed $330,726 over three fiscal years, with an option for two annual renewals; transfer salary savings of $44,189 from account 15100-5001.001 to account 12101- 5161.002 (Accounting) to cover costs associated with the annual audit for the fiscal year ending ' June 30, 2013; effective Fiscal Year 2013-14, increase ongoing base budget in account 12101- 5161.002 by $46,333 and an additional $3,549 for Fiscal Year 2014-15; and authorize the City Meeting Minutes 8 May 28, 2013 ' 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 13 CONSENT CALENDAR CHECK REGISTER NO. 9 - Approval of the Check Register. City Council approve and ratify for payment the demands presented in Check Register No 9. Motion by Boydston, second by McLean, to approve the Consent Calendar with the exception of items 4, 6, and 9. On roll call vote: Ayes: McLean, Ferry, Weste, Boydston, Kellar Noes: None Absent: None Motion carried. Council consensus to hear Item 15 at this time. ' ITEM 14 PUBLIC HEARING COMPREHENSIVE UPDATE OF THE SANTA CLARITA UNIFIED DEVELOPMENT CODE (MASTER CASE NO. 13-009) Mayor Pro Tem Weste recused herself from participating on this item in an abundance of caution due to a possible conflict of interest regarding her property. Mayor Kellar opened the public hearing. Deputy City Clerk Susan Caputo reported that all notices required by law have been provided. Jeff Hogan, Planning Manager, commented that the City of Santa Clarita is proposing a comprehensive update of the Unified Development Code (UDC), which includes text amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of the Municipal Code, as well as an update of the zoning map, to ensure consistency with the General Plan, as required by State law. James Chow, Associate Planner, presented the project components of the UDC. Addressing the Council on this item was Alan Ferdman, Cam Noltemeyer, and Lynne Plambeck. Jeff Hogan, Planning Manager, responded to comments from the public and Councilmembers. Mayor Kellar closed the public hearing. Meeting Minutes 9 May 28, 2013 Motion by Ferry, second by McLean, for City Council introduce and pass to a second reading on June 11, 2013 an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE NO. 13-009 (UNIFIED DEVELOPMENT CODE 13-001, ZONE CHANGE 13-001) AND AMENDING THE SANTA CLARITA UNIFIED DEVELOPMENT CODE (UDC) AND ZONING MAP." On roll call vote: Ayes: Ferry, Boydston, Mclean, Kellar Noes: Absent: Recused: Weste Motion carried. ITEM 15 NEW BUSINESS FIRST READING OF AN ORDINANCE AMENDING THE CITY'S CURRENT HIGH FIRE ZONE MAP AND ADOPTING THE NEW STATE FIRE ZONE MAP FOR THE CITY AS REQUIRED BY STATE LAW Acting Fire Chief Lopez presented the California Department of Forestry and Fire Prevention (CAL FIRE) developed maps identifying fire hazard zones throughout California. The maps , were developed through a science -based mapping model. New construction in fire hazard zones must comply with provisions in the California Building Code to ensure the buildings meet a higher level of fire protection from potential wildfires. Government Code Section 51179 requires local jurisdictions to adopt the CAL FIRE map. Motion by Boydston, second by Ferry, to introduce and pass to second reading an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING CHAPTER 18.02 OF TITLE 18 OF THE SANTA CLARITA MUNICIPAL CODE CONCERNING FIRE HAZARD ZONES AND CONSTRUCTION REQUIREMENTS." On roll call vote: Ayes: Weste, Boydston, McLean, Ferry, Kellar Noes: None Absent: None Motion carried. PUBLIC PARTICIPATION CONTINUED No further requests to speak were received. ADJOURNMENT Mayor Kellar adjourned the meeting at 8:11 p.m. in memory of Kay Harding, Meeting Minutes 10 May 28, 2013 ' FUTURE MEETINGS The next.regular meeting of the City Council will be held Tuesday, June 11, 2013, at 6:00 p.m. in the Council Chamber, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. ATTEST: CI LE Meeting Minutes I I May 28, 2013