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HomeMy WebLinkAbout2014-03-25 - AGENDA REPORTS - MIN APPROVAL (2)Agenda Item: I CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR City Manager Approval: o�lily Item to be presented by: Armin Chaparyan DATE: March 25, 2014 SUBJECT: APPROVAL OF MEETING MINUTES DEPARTMENT: City Manager's Office RECOMMENDED ACTION City Council and Board of Library Trustees: Approve the minutes of the March 11, 2014, special and regular meetings. BACKGROUND The minutes from the previous City Council and Joint City Council/Board of Library Trustees meetings are submitted for approval. ALTERNATIVE ACTIONS Amendments to the minutes may be approved as necessary. FISCAL IMPACT None by this action. ATTACHMENTS Minutes APPROYED CITY OF SANTA CLARITA MINUTES OF CITY COUNCIL SPECIAL MEETING 5:00 P.M. CITY OF SANTA CLARITA JOINT CITY COUNCILBOARD OF LIBRARY TRUSTEES REGULAR MEETING 6:00 P.M. MARCH 11, 2014 CALL TO ORDER Mayor Weste called to order the special meeting at 5:04 p.m. ROLL CALL All councilmembers were present with the exception of Councilmember Boydston, who arrived at 5:06 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) Jim Soliz and Rosemarie Sanchez -Fraser v. City of Santa Clarita; And DOES 1-100, inclusive Los Angeles County Superior — Central District Case No.: BC 512735 CONFERENCE WITH PROPERTY NEGOTIATOR Government Code Section 54956.8 46 Billboard structures and associated lease rights located along Newhall Avenue, and Sierra Highway Negotiating Parties: Edwards Outdoor Advertising, Inc. City's Authorized Negotiator: City Manager Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4) — Initiation of litigation, one matter RECESS AND RECONVENE Mayor Weste recessed the meeting to Closed Session at 5:05 p.m. and reconvened the meeting at 6:00 p.m. Meeting Minutes 1 March 11, 2014 CITY ATTORNEY ANNOUNCEMENT City Attorney Joseph Montes, announced that in Closed Session Pursuant to the Brown Act as contained in the California Government Code, we wish to make the following statement. The City Council met in closed session to consider a proposed Settlement Agreement in a lawsuit filed in the Los Angeles Superior Court in June 2013 by Plaintiffs Jim Soliz and Rosemarie Sanchez -Fraser against the City of Santa Clarita ("Lawsuit"). The Lawsuit alleges that the City was in violation of the California Voting Rights Act ("CVRA"), found in the California Elections Code, due to the City's at large voting method in which a Council Member can live anywhere within the City and be elected to the City Council by voters living anywhere within the City. The Lawsuit alleges that the City's at large voting method has resulted in a dilution of the vote of Latino voters such that Latino voters have been unable to elect candidates of their choice to the City Council or to influence the outcome of Council elections. The City filed an Answer to the Lawsuit denying that the City was in violation of the CVRA. In order to determine whether or not there has been a violation of the CVRA, there must be an extensive demographic analysis of election results which requires multiple expert witnesses. Similar lawsuits have been filed against several public entities throughout the State of California alleging violations of the CVRA including lawsuits against the Santa Clarita Community College District and the Sulpher Springs School District. In order to defend against such lawsuits, public entities face the potential of incurring substantial costs for legal fees and expert witness fees. In most of the lawsuits alleging a violation of the CVRA, the public entities have entered into a settlement agreement in order to avoid incurring substantial costs to defend such cases due to both legal fees and expert witness fees as well as avoiding the uncertainty of outcome that is inherent in any litigation. The only case alleging a violation of the CVRA which has gone to trial involved the City of Palmdale in which the trial court issued a judgment last year, 2013 finding the City to be in violation of the CVRA. The trial of that case was very expensive and that case is now on appeal. The demographics and electoral history in the City of Santa Clarita are significantly different than in the City of Palmdale. The Plaintiffs in the Lawsuit against the City of Santa Clarita are represented by the law offices of R. Rex Parris and also by Shenkman & Hughes. The City has been represented by the City Attorneys Office (Burke, Williams & Sorensen) and by the Nielsen Merksamer law firm, which specializes in election law issues. The attorneys for the City, in coordination with the City Council, City Management and expert consultants retained by the City, have carefully analyzed the Lawsuit against the City. As a result of that analysis, it was concluded that a trial and possible subsequent appeal of the Lawsuit would be very costly to the City, perhaps as much as 1.5 million dollars or more to defend. Further, if the case resulted in an adverse determination for the City, the City would also have to pay Plaintiffs' attorneys fees, likely millions, and would have less control over possible remedies than if it acts on its own. Therefore, to avoid the anticipated expense associated with a trial and appeal and to have control over any changes that are to be made to the City's election process a Settlement Agreement has been negotiated with the Plaintiffs which was approved by the City Council in closed session tonight on the following vote 4-1, with Mayor Pro Tem McLean opposed. Meeting Minutes 2 March 11, 2014 3 Copies of the Settlement Agreement are being made and will be available to the public later this evening along with a copy of this statement. To summarize the settlement, there are two main components: First, efforts will be made to alter the manner in which current City elections are conducted. If those efforts are unsuccessful, then the settlement is terminated and the litigation will resume. The second component is a payment of attorneys fees. For the first component, 1. The Santa Clarita City Council will consider at a future meeting an ordinance that would change the Council elections currently held in April to November of even numbered years to coincide with the statewide general election. The change to November may result in an increased voter turnout which would be of benefit to the election process for all voters by encouraging greater voter participation. The change in the Council elections to November is subject to approval by the County of Los Angeles. The earliest date that the Council elections would be changed to November would be the 2016 Council elections. 2. Subject to court approval, the City will change to a cumulative voting method for City Council elections. Under the current voting method, voters are entitled to one vote for each of the Council seats up for election and may only cast one vote per candidate. Under cumulative voting a voter may cast more than one vote per candidate. For example, if there are three Council seats up for election, a voter can cast all three votes for one candidate, or two votes for one candidate and one for a second candidate, or one vote each for three different candidates. In addition to court approval, a change to cumulative voting may require a certification process by the California Secretary of State. There are some jurisdictions in other states which use a cumulative voting method, however, no other general law cities in California use a cumulative voting method. Again, if the City is unsuccessful in having its elections moved to November, or in having a change to cumulative voting approved, then the settlement terminates and the litigation resumes. In terms of the second component, the CVRA allows for the recovery of attorneys fees for the prosecution of a lawsuit based on alleged violations of the CVRA. In this Lawsuit, the Settlement Agreement provides that the attorneys for the Plaintiffs shall be paid attorneys fees of $400,000 if the Council elections are changed to November and/or the court approves cumulative voting and any necessary certifications are issued. If the court approves cumulative voting, then Plaintiffs attorneys will receive an additional $200,000 less 50% of the net cost of changing to cumulative voting. If the court rejects cumulative voting, then Plaintiffs attorneys will receive an additional $200,000 without any reduction based on the cost of changing to cumulative voting, provided that the Council election date is changed to November. Mayor Weste did not participate in discussion of the 46 Billboard structures matter listed on the agenda. This concludes the announcement from closed session. Meeting Minutes March 11, 2014 47 ADJOURN Mayor Weste adjourned the meeting at 6:07 p.m. INVOCATION Councilmember Boydston delivered the invocation. CALL TO ORDER Mayor/President Weste called to order the regular joint meeting of the City Council/Board of Library Trustees at 6:11 p.m. ROLL CALL All Councilmembers were present. FLAG SALUTE Councilmember Boydston 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 Council concurred to approve the agenda, pulling item 2 for comment; Mayor Pro Tem McLean commented regarding the February 23, 2014 minutes, that the reason she voted no on item 6 was that AT&T and Southern California Edison declined to improve the aesthetics on their equipment; and Mayor Weste requested and Council concurred to agendize an item to discuss the City to match funds with Los Angeles County to support the SCV Senior Center home delivered meals funding shortfall. AWARDS AND RECOGINITIONS Mayor Weste and Council recognized Arnie Durazo, president of the William S. Hart Baseball and Softball League and congratulated the League on their 60th Anniversary. Ken Striplin City Manager introduced Captain Roosevelt Johnson as the new Chief of Police for the Santa Clarita Valley Sheriff s Station and Mayor Weste and Council presented a proclamation to Captain Johnson, declaring March as Safe Communities Month. PUBLIC PARTICIPATION Addressing the Council was Carl Boyer regarding county reform, Alan Ferdman regarding home delivered meals for seniors, Whittaker-Bermite clean-up, and the chlorides issue, Ray Henry regarding mobilehome rent increase, and Sandra Bull regarding the needs of the senior center and the discontinued tobacco and drug abuse programs for 5th and 6th graders. Meeting Minutes 4 March 11, 2014 5 CITY MANAGER COMMENTS City Manager Ken Striplin commented regarding Mr. Henry's statements and requested that staff contact him directly; commented regarding the county reform issue; commented regarding Whittaker-Bermite clean-up efforts; and commented regarding the Senior Center needs and the prior STAR program for 5th & 6`h graders which was replaced with the Drug Free Youth In Town (DFYIT) program in partnership with Los Angeles County Sheriffs. COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Kellar made no comments. Councilmember Ferry made no comments. Councilmember Boydston congratulated the Economic Development Corporation on the success of the Economic Forum; commented regarding the Thursdays@Newhall events; and speaking for himself, made a comment on the Voting Rights Act Settlement Agreement stating that the reason he voted to approve was for pragmatic reasons. Mayor Pro Tem McLean commented that legislation AB2715 (Hemandez) and AB 1941 (Holden) are being introduced and would impose a state mandated local program and requested that the legislative committee review these bills for a formal Council position; commented on attending the Read Across America event at Fair Oaks Elementary School; and commented regarding the CartArt competition for Earth Arbor Day open through March 24, and to contact Environmental Services staff, Laura Jardine for an entry form. Mayor Weste commented that the Sheriffs Department reported that Heroin deaths and the usage of Heroin is down in Santa Clarita for 2013 as compared to 2012 where credit goes to outreach efforts including the City's "Heroin Kills" program and congratulated the Sheriff's Department for their efforts; commented regarding the Seasoned Artist exhibits at the Santa Clarita Public Libraries through May; commented on attending the Soroptimist club, along with Mayor Pro Tem McLean, where the club awarded thousands of dollars to help women and their children; commented that the Economic Development Corporation reported that the economy is improving with greater property values and large companies moving to the community; and requested that the meeting be adjourned in honor of James R. Osment. ITEM 1 CONSENT CALENDAR APPROVAL OF MEETING MINUTES The minutes of the 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 February 25, 2014, special and regular meetings. ITEM 2 CONSENT CALENDAR SANTA CLARITA 2014 LEGISLATIVE PLATFORM On March 3, 2014, the City Council Legislative Committee approved a recommendation that the Santa Clarita City Council adopt its first annual legislative platform. This document will assist staff in communicating about legislative issues of interest and concern, with increased timeliness Meeting Minutes March 11, 2014 R and greater authority from the City Council. City Council accept the recommendation of the City Council Legislative Committee and adopt the Santa Clarita 2014 Legislative Platform. Addressing the Council on this item was Cam Noltemeyer. Mayor Pro Tem McLean requested that the second to last bullet point on the Santa Clarita 2014 Legislative Platform be modified to include the language "based on current population statistics" after the words "Support efforts to ensure Santa Clarita receives its fair share..." Councilmember Boydston requested to add the language in the Santa Clarita 2014 Legislative Platform to include "in the City of Santa Clarita" in the bullet points for the Sheriff s Station and Senior Center. ITEM 3 CONSENT CALENDAR STATE LEGISLATION: AB 1521 (FOX) VEHICLE LICENSE FEE APPROPRIATION On March 3, 2014, the City Council Legislative Committee met and considered AB 1521 (Fox), currently pending before the California Legislature. If enacted into law, this bill would adjust the vehicle license fee (VLF) distribution and restore this revenue that approximately 100 cities lost, including Santa Clarita, due to the passage of SB 89, Chapter 35, Statutes of 2011. City Council accept the recommendation of the City Council Legislative Committee and adopt a "support" position for Assembly Bill 1521 (Fox), and transmit letters to Assemblyman Fox, Santa Clarita's State Legislative delegation, appropriate Legislative committees, Governor Brown, and the League of California Cities. ITEM 4 CONSENT CALENDAR TREE -TRIMMING SERVICE CONTRACT MODIFICATION In order to continue addressing residents' tree service requests in a timely manner, staff is requesting approval to increase Four Seasons Landscape's annual contract expenditure authority by $200,000, for a total annual contract not to exceed $710,000. City Council authorize an expenditure increase of $200,000 to the City's contract with Four Seasons Landscape for tree maintenance services managed by the City's Special Districts operation for a total contract amount not to exceed $710,000, plus Consumer Price Index adjustments; and authorize the City Manager or designee to execute all documents 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 5 CONSENT CALENDAR CHECK REGISTER NO. 4. Approval of the Check Register. City Council approve and ratify for payment the demands presented in Check Register No, 4. Motion by Boydston, second by Kellar, to approve the Consent Calendar. Meeting Minutes 6 March 11, 2014 On roll call vote: Ayes: Kellar, Ferry, McLean, Boydston, Weste Noes: None Absent: None Motion carried. ITEM 6 PUBLIC HEARING RESULTS OF THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN COMMUNITY NEEDS ASSESSMENT Mayor Weste opened the public hearing. Deputy City Clerk Susan Caputo reported that all notices required by law have been provided. Erin Lay, Housing Program Administrator, provided a presentation to the City Council on the results of the Community Development Block Grant (CDBG) Consolidated Plan Community Needs Assessment. No requests to speak were received. Mayor Weste closed the public hearing. Council received information. ITEM 7 UNFINISHED BUSINESS METRO BILLBOARD REDUCTION AGREEMENT Mayor Weste recused herself from participating on this item due to the proximity of her property to the current billboards. Tom Cole, Director of Community Development, advised that METRO reinstated their previous acceptance of the 13 modifications, including the indemnification provision, made to the agreement by Council after the posting of the agenda. Based on the receipt of the METRO letter, Council may consider the alternative action and could direct that the two ordinances be brought back to a second reading for Master Case 13-184 at the March 25 Council meeting. Mayor Pro Tem McLean requested clarification regarding the request to remove the term "relocation" from the agreement and City Attorney Joseph Montes clarified that Council direction was to take out "existing location." Addressing the Council was Michael Oliveri in opposition of digital billboards, Nanette Meister in opposition of digital billboards, Berta Gonzalez -Harper in support of the METRO deal, Debra Oliveri in opposition of digital billboards, Alan Ferdman in opposition of digital billboards, and Stephen Daniels in opposition of digital billboards. Meeting Minutes Much 11, 2014 0 RECESS AND RECONVENE Mayor Pro Tem McLean recessed the meeting at 7:27 p.m. and reconvened the meeting at 7:37 p.m. Addressing the Council at this time was Patti Sulpizio in opposition of digital billboards, M. Dawn Carmody in opposition of digital billboards; Cam Noltemeyer representing Santa Clarita Organization for Planning and the Environment (SCOPE) in opposition to digital billboards, Kai Ellis in opposition of digital billboards, Ken Chase in opposition of digital billboards; Steve Petzold in opposition of digital billboards; and Layne Lawson representing Clear Channel Outdoor in opposition of the METRO proposal. Mayor Pro Tem McLean commented regarding the placement of the digital billboards in any designated open space, and requested that the public comment concerns be addressed. City Manager Ken Striplin commented regarding the consultant's answer at the previous Council meeting to the question "Has any other city received a better deal?", indicating the response was incomplete. Mr. Striplin clarified that her "yes" answer was in relation to receiving revenue and stated that if you look comprehensively at the agreement, the City of Santa Clarita is receiving a great deal with METRO because it includes the cost of removal of billboards. City Attorney Joseph Montes commented on the Brown Act and real property negotiations and the scope of what is discussed in closed sessions. Greg Smith, representing All -Vision, responded to inquiry of the brightness of the proposed digital billboards. City Manager Ken Striplin commented on restrictions on animation and flashing lights; commented regarding a tentative agreement with Edwards Outdoor Advertising; and addressed concerns regarding blight. Councilmember Boydston commented regarding the gross revenues versus net revenues. City Attorney Joseph Montes responded to inquiries of Councilmember Boydston regarding the Brown Act and matters listed on the Closed Session agendas. Councilmember Boydston requested information as to whether the price and terms of the deal include the cost of lawsuits; stated that he is opposed to digital billboards; inquired regarding land zoned as open space and the Highway Beautification Act; inquired of Susan O'Carroll, Environmental Consultant, regarding the calculations used to obtain the 12% reduction in electricity usage of existing billboards; made inquiry to City Manager Ken Striplin if billboards were defined as blight; and obtaining the best deal for the City. Motion by Boydston to declare that Council not approve the second reading of the two ordinances associated with the Los Angeles County Metropolitan Transportation Authority (METRO) Billboard Reduction Agreement, and deem the METRO project application denied. Motion failed for lack of a second. Meeting Minutes March 11, 2014 I Councilmember Ferry commented regarding the City's efforts to remove blight throughout the community and the previous decade dedicated to the effort of having the billboards removed. Motion by Ferry, second by Kellar, to approve the alternative action which states that because METRO staff indicated a willingness to move forward with the language as modified by the City Council, the City Council direct that the ordinances be brought back for second reading at the next City Council meeting. Councilmember Boydston objected to the motion. Motion by Ferry, second by Kellar, to call the question. On roll call vote: Ayes: McLean, Kellar, Ferry, Noes: Boydston Absent: None Recused: Weste Motion carried. Roll call vote on the motion to approve the alternative action. Ayes: McLean, Ferry, Kellar Noes: Boydston Absent: None Recused: Weste Motion carried. PUBLIC PARTICIPATION CONTINUED Addressing the Council was Berta Gonzalez -Harper regarding the Settlement Agreement with Soliz vs. City of Santa Clarita, Dennis Conn regarding solar power and revenues, and Cam Noltemeyer regarding open space zoning. ADJOURNMENT Mayor Weste adjourned the meeting in memory of Jim Osment at 9:05 p.m. FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, March 25, 2014, at 6:00 p.m. in the Council Chambers, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. MAYOR ATTEST: CITY CLERK Meeting Minutes March 11, 2014 (C)