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HomeMy WebLinkAbout2014-05-27 - MINUTES - SPECIAL JOINT REG (2)' CITY OF SANTA CLARITA MINUTES OF CITY COUNCIL SPECIAL MEETING 5:30 P.M. CITY OF SANTA CLARITA JOINT CITY COUNCILBOARD OF LIBRARY TRUSTEES REGULAR MEETING 6:00 P.M. MAY 27, 2014 CALL TO ORDER Mayor Weste called to order the special meeting at 5:31 p.m. ROLL CALL All Councilmembers were present. 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 LABOR NEGOTIATOR Government Code Section 54957.6 Agency Negotiator: City Manager or designee Unrepresented Employees: All positions not represented by SEN Local 721 RECESS AND RECONVENE Mayor Weste recessed the meeting to Closed Session at 5:32 p.m. and reconvened the meeting at 6:00 p.m. CITY ATTORNEY ANNOUNCEMENT City Attorney Joseph Montes announced that no action was taken in Closed Session that was required to be reported. ADJOURN Mayor Weste adjourned the meeting at 6:03 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 6:08 p.m. Meeting Minutes 1 May 27, 2014 ROLL CALL ' All Councilmembers were present. FLAG SALUTE Cub Scout Pack 119 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 Kellar, second by McLean, to approve the agenda pulling item 6 for a separate vote. Hearing no objections, it was so ordered. AWARDS AND RECOGNITIONS Mayor Weste and Council recognized Cub Scout Pack 119 for their work on the Open Space I Barn Owl Boxes. Mayor Weste and Council proclaimed June 1 as National Cancer Survivors Day and presented the proclamation to members of the American Cancer Society, American Cancer Community Council, and cancer survivors. PUBLIC PARTICIPATION Addressing the Council was Alan Ferdman regarding the chloride reduction plan; Sarah Famell regarding teen curfew; Cam Noltemeyer regarding the chloride reduction plan; and Jim Backer regarding Item 8 and in support of the Planning Commission's approval. CITY MANAGER COMMENTS City Manager Ken Striplin commented regarding the Sanitation District's process; commented regarding Prop 218 notices; and commented regarding the teen curfew ordinance. Mayor Weste commented regarding the Sanitation District public meetings and cost reduction measures taken for the chloride plan. Councilmember Boydston inquired of City Attorney Joseph Montes regarding teen curfew I ordinances. Meeting Minutes 2 May 27, 2014 ' COMMITTEE REPORTS/COUNCILMEMBER COMMENTS Councilmember Acosta commented regarding attending the Veteran's Memorial Day event at Eternal Valley Memorial Park. Councilmember Kellar commented regarding the Memorial Day event hosted by the Santa Clarita Valley Veteran's Memorial Committee, Eternal Valley, and the City. Councilmember Boydston commented regarding attending the Triumph Foundation Wheelchair Sports Festival supporting people with spinal injuries. Mayor Pro Tem McLean commented regarding the 2014 Amgen Tour of California and that Santa Clarita hosted two starts in the tour; announced the Dancing with our Stars event at the Performing Arts Center on August 22, benefitting 14 non-profit organizations; commented regarding the Senior Center Touch a Truck event on June 14; commented on attending the Triumph Foundation Wheelchair Sports Festival; and announced the Summer Beach Bus to Santa Monica will commence June 7 through August 1. Mayor Weste announced the White Ribbon week and Drive Safe campaign promoting safe teen ' driving; announced the Children Drown without a Sound water safety expo on May 31; announced the Gracefest concert at Central Park on May 31; and requested that the meeting adjourn in memory of Gunjit Sikand. ITEM 1 CONSENT CALENDAR APPROVAL OF MEETING MINTUES 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 May 13, 2014 regular 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 determine that the titles to all ordinances which appear on this public agenda have been read and waive further reading. ITEM 3 CONSENT CALENDAR Meeting Minutes 3 May 27, 2014 AUTHORIZE THE PURCHASE OF BIGBELLY SOLAR DUO RECYCLING UNITS AND , APPROPRIATE GRANT FUNDS Purchase 14 BigBelly Solar Duo Recycling Units using State grant funding to expand recycling opportunities in public areas. City Council authorize the purchase of 14 BigBelly Solar Duo Recycling Units using designated Department of Resources Recycling and Recovery (CalRecycle) grant funds; appropriate $68,310.45 to Expenditure Account 14604-5161.001; and authorize the City Manager or designee to execute all contracts and associated documents upon the appropriation of funds by the City Council in the annual budget for such fiscal year, and execute all documents subject to City Attorney approval. ITEM 4 CONSENT CALENDAR ANNUAL RATE ADJUSTMENT FOR FRANCHISED SOLID WASTE SERVICE PROVIDERS The City of Santa Clarita's residential and commercial solid waste services are provided by Waste Management and Burrtec Waste Industries, Inc. Per the approved Franchise Agreements, franchised solid waste haulers may submit a request for a rate adjustment by April 1 for consideration. City Council adopt Resolution No. 14-14 for the Third 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 4.43 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 Resolution No. 14-15 for the Second Amendment to the Amended and Restated Agreement between the City of Santa Clarita and Burrtec Waste Industries, Inc. (Burrtec), for commercial solid waste management services allowing an adjustment in rates by 4.53 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. ITEM 5 CONSENT CALENDAR AWARD CONTRACT FOR JANITORIAL SERVICES FOR VARIOUS PARK FACILITIES AND THE SANTA CLARITA SPORTS COMPLEX Award a contract that will provide janitorial services at several of the City's park facilities and the Santa Clarita Sports Complex. Award a contract to Diamond Contract Services Inc., for janitorial services at various park facilities and the Santa Clarita Sports Complex in the amount of $262,914, plus a ten percent contingency of $26,291, for a total annual amount not to exceed $289,205, and authorize the City Manager, or designee, to execute up to two annual renewal options for the contract with Diamond Contract Services Inc., not to exceed $289,205 each, plus Consumer Price Index (CPI) adjustments, contingent upon the appropriation of funds by City ' Council in the annual budget for such Fiscal Year, and authorize the City Manager, or designee, Meeting Minutes 4 May 27, 2014 ' to execute all contracts and associated documents, or modify the award in the event that issues of impossibility of performance arise or in the event other park facilities become operational during the term of the contract, and execute renewals in accordance with the terms provided herein, subject to City Attorney approval. ITEM 6 CONSENT CALENDAR SECOND READING AND ADOPTION OF AN ORDINANCE TO AMEND THE DOWNTOWN NEWHALL SPECIFIC PLAN Mayor Weste recused herself from participating on this item due to the proximity of her property to the project location. Master Case 13-115; a request to amend the Downtown Newhall Specific Plan to rename the plan, reformat the plan document, modify the zoning designation of 28 parcels, and to revise the Development Code section to clean up minor errors, reflect updated Unified Development Code sections, better define land use categories, and to include community suggestions. Motion by Kellar, second by McLean, to conduct the second reading and adopt ' Ordinance No. 14-04 entitled "AN ORDINANCE OF THE CITY OF SANTA CLARITA, CALIFORNIA TO APPROVE MASTER CASE 13-115 CONSISTING OF ZONE CHANGE 13-008 AND SPECIFIC PLAN AMENDMENT 13-002 (ZONING AMENDMENT), AMENDING THE DOWNTOWN NEWHALL SPECIFIC PLAN." On roll call vote: Ayes: McLean, Boydston, Kellar, Acosta, Noes: None Absent: None Recused: Weste ITEM 7 CONSENT CALENDAR CHECK REGISTER NO.9 Approval of the Check Registers. City Council approve and ratify for payment the demands presented in Check Registers No. 9. Motion by Kellar, second by Acosta, to approve the Consent Calendar. Meeting Minutes May 27, 2014 On roll call vote: ' Ayes: Kellar, Acosta, McLean, Boydston, Weste Noes: None Absent: None Motion carried. ITEM 8 PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE MASTER CASE 13-110, CUP 13-009 TO ALLOW AT&T MOBILITY TO INSTALL AND OPERATE A WIRELESS TELECOMMUNICATION FACILITY LOCATED ADJACENT TO AN EXISTING WATER REJECTION TOWER AT 23621 FAIRVIEW DRIVE Mayor Weste opened the public hearing. Deputy City Clerk Susan Caputo reported that all notices required by law have been provided. Mike Marshall, Assistant Planner II, advised that at their February 18, 2014, Planning Commission meeting, the Commission voted 3-2 to approve Master Case 13-110 (CUP#13-009) for the installation and operation of a wireless telecommunication facility. An appeal was filed I related to this Planning Commission approval. Dana Cop of AT&T and Jon Dohm of Crown Castle, representing the applicant, presented the project case to the City Council. Brent Downs, appellant, presented his appeal to the City Council. Applicant representatives Dana Cop and Jon Dohm rebutted statements presented by the appellant. The appellant Brent Downs presented his rebuttal to the City Council. Addressing the Council in opposition to the Planning Commission's recommendation were Nathan Downs; Jennifer Downs; Karen Towles; Brenda Piccirillo; Jim Piccirillo; Dwight McDonald, representing Valencia Northbridge Homeowners Association; Stephen Oppler; Cheryl Carpet; Bonnie Parrish; Cam Noltemeyer; Lynne Plambeck, representing Santa Clarita Organization for Planning and the Environment (SCOPE); Tammy Noltemeyer; and Laura Stotler. I Meeting Minutes 6 May 27, 2014 ' Addressing the Council in support of Planning Commission's recommendation were Gwen Bagley, and Chris Fall; and addressing the Council in opposition was Charles Gill. Twenty-five written comment cards in opposition to the Planning Commission's recommendation were received. The appellant Brent Downs presented his rebuttal to the City Council. Mayor Weste closed the public hearing. RECESS AND RECONVENE Mayor Weste recessed the meeting at 9:11 p.m. and reconvened at 9:16 p.m. City Attorney Joseph Montes advised the Council that their decision should involve a two-step analysis. First, determine if the facility complies with the City's ordinance in regard to siting criteria, noise, and aesthetic standards. If the Council is inclined to deny the application, based on the Federal Telecommunications act, the City cannot deny the application if the applicant has demonstrated a significant gap in coverage and that the applicant has utilized the least intrusive means for siting their facility. If the applicant is missing one of these two factors, then Council ' could deny the permit based on the City's ordinance. Mr. Montes further clarified the terms of substantial evidence which is defined as more than a scintilla (a speck) and less than a preponderance of the evidence; and the term significant gap, which has a variety of factors for a court to determine if one exists. Councihnember Acosta inquired of the City Attorney regarding the Council's ability to make a determination based on information not presented during the public hearing. Councilmember Boydston inquired of the City Attorney, Council's ability to reconsider their decision if evidence was found to be fraudulent. City Attorney Montes advised that if Council chooses to deny the application and grant the appeal, that the item would need to be continued and returned with a resolution of denial. Councilmember Acosta inquired regarding noise studies done during the evening hours; the alternative sites presented by the applicant (North Park Village shopping center and the shopping center at McBean Parkway and Decoro Drive); and inquired of the gap coverage maps. The applicant representative, Jon Dohm, commented on the CEQA analysis; and the testimony given by the appellant regarding the gap coverage was not the complete picture. Applicant ' representative, Lisa Upton, Area Real Estate Manager for Crown Castle, commented regarding contacting landlords. Meeting Minutes 7 May 27, 2014 Councilmember Boydston commented regarding last minute information and a letter received ' from Southern California Edison regarding top hat antenna brackets; requested information on alternative sites; inquired of City Attorney Joseph Montes regarding colocation; inquired of applicant representative John Dohm regarding the significant coverage gap and feasible alternatives with an inherent height as the water tower location, providing alternative site analysis, and data needs. Mayor Pro Tem McLean commented regarding conflicting information presented; regarding meeting the noise criteria and aesthetics of the City's ordinance; inquired about public response at other hearings regarding similar fake Eucalyptus trees; and inquired about the maintenance and color of the fake trees. Mayor Pro Tem McLean commented that the Planning Commission's decision was made based on the tower's ability to accept 911 calls. City Attorney commented regarding Council concerns and the Courts rulings concerning evidence. Councilmember Boydston inquired of the City Attorney regarding loss of real estate value as a I determining factor; and inquired of applicant representatives whether AT&T or Crown Castle was responsible for any fire in Malibu. Councilmember Kellar commented regarding devaluation of homes due to no cell service; and inquired of Dana Cop if she would return to Council with the exact date and names of property owners who were contacted regarding the alternative sites if the item were continued. Mayor Pro Tem McLean inquired of applicant representative what options AT&T would have with a Council denial versus a continuance on the item. Mayor Weste commented that she visited the site in question and that if Council decides on a continuance, then the following issues should be resolved and further information be returned to Council: the utility shed should match the neighborhood; commented regarding providing fire suppression controls; noise issue controls; screening issues be addressed with a landscape designer that meets the criteria of aesthetics; neighborhood issues be addressed; and AT&T to qualify the alternative sites for Council. Mayor Pro Tem McLean requested that AT&T guarantee that the utility shed blend in with the water tower; and requested additional information on how much of the gap coverage would be ' completed by combining multiple sites with lower cell towers, such as a clock tower. Meeting Minutes 8 May 27, 2014 ' Motion by Boydston to prepare a resolution of denial to this site. Councilmember Acosta moved to amend Councilmember Boydston's motion to reopen the public hearing and to continue the item to a date uncertain, to prepare a resolution of denial for the project/upholding the appeal, and that all additional information requested of the applicant be returned to Council, along with the previously provided resolutions for approval of the project and denial of the appeal. Councilmember Boydston accepted the amended motion which was then seconded by Acosta. On roll call vote: Ayes: Acosta, McLean, Boydston, Weste Noes: Kellar Absent: None Motion carried. PUBLIC PARTICIPATION CONTINUED No further requests to speak were received. I ADJOURNMENT Mayor Weste adjourned the meeting at 11:07 p.m. in memory of Gunjit Sikand. L FUTURE MEETINGS The next regular meeting of the City Council will be held Tuesday, June 10, 2014 at 6 p.m. in the Council Chambers, 1s` floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA. DATE Meeting Minutes 9 May 27, 2014