CITY OF SANTA CLARITA
CITY COUNCIL
REGULAR MEETING
Tuesday, February 14, 2023
6:00 PM
City Council Chambers
23920 Valencia Blvd.
Santa Clarita, CA 91355
AGENDA
Joint Meeting with
Board of Library Trustees
How to Address the City Council
Pursuant to Government Code section 54954.3 members of the public are afforded the opportunities to address the City Council. You may address the Council once per meeting during Public Participation on any matter within the Council's jurisdiction that is not listed on the agenda. Public Participation speaker's cards must be submitted to the City Clerk BEFORE this portion of the meeting begins. To address the Council regarding an item on the agenda, please fill out a speaker's card and submit it to the City Clerk BEFORE the Mayor announces the item.
Each person addressing the Council is given three minutes to speak (with double the time allotted to non-English speakers using a translator) indicated by a colored light system on the Council dais. If you wish to provide information to the Council, please present the City Clerk with 10 copies. Otherwise, your materials will simply be added to the official record. Please note use of City Council Chamber technology equipment to present electronic material during meetings is not allowed.
______________________________________________________________________________
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office, (661) 255-4391. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28CFR 35.102-35.104 ADA Title II)
Pursuant to Government Code 54957.5 any writings or documents distributed to a majority of the members of the City Council regarding any open session item on this agenda will be made available for public inspection in the City Clerk’s Office located at 23920 Valencia Boulevard, Suite 120, during normal business hours.
View public meeting agendas here, inclusive of all attachments and reading file material. ______________________________________________________________________________
INVOCATION
Gibbs
CALL TO ORDER
ROLL CALL
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
AWARDS AND RECOGNITIONS
Black History Month Proclamation
Former Planning Commissioner Dan Masnada
PRESENTATIONS
South Coast AQMD Presentation
One Story One City 2023 Program
PUBLIC PARTICIPATION
This time has been set aside for the public to address the City Council on items NOT listed on the agenda. The City Council will not act upon these items at this meeting other than to review and/or provide direction to staff. All speakers must submit a speaker’s card to the City Clerk PRIOR to the beginning of this portion of the meeting. Thirty minutes are allotted for public input at this time. The FIRST TEN people to submit a speaker card prior to the beginning of Public Participation will be heard.
STAFF COMMENTS
COMMITTEE REPORTS/COUNCILMEMBER COMMENTS
PUBLIC HEARINGS
1. SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT ANNEXATION NO. 2023-1 (FORMER REALTY EXECUTIVES PROPERTY - SOLEDAD CANYON ROAD AT WHITES CANYON ROAD) - PUBLIC HEARING - Conduct SMD Annexation 2023-1 Public Hearing associated with the annexation of Assessor Parcel Number 2803-030-046 (Formerly Realty Executives Property - Soledad Canyon Road at Whites Canyon Road) into Santa Clarita Streetlight Maintenance District, Zone B.
RECOMMENDED ACTION:
City Council:
1. Conduct a public hearing, open, and tabulate ballots.
2. Adopt resolutions declaring the results of the property owner protest ballot proceeding and approving the annexation of Assessor Parcel Number 2803-030-046 into the Santa Clarita Streetlight Maintenance District, Zone B, if no majority protest exists, and order levies beginning Fiscal Year 2023-24. If a majority protest exists, no further action will be required.
NEW BUSINESS
2. CITY DELEGATE AND ALTERNATE REPRESENTATIVE FOR THE 2023
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS' GENERAL ASSEMBLY - Each year, the City Council appoints a Delegate and an Alternate to the Southern California Association of Governments (SCAG) General Assembly. SCAG holds an annual Regional Conference and General Assembly Meeting where the Delegates take part in panel discussions with fellow elected officials and stakeholders throughout Southern California and may vote on resolutions proposed to the General Assembly.
RECOMMENDED ACTION:
City Council appoint a Delegate and an Alternate to the 2023 Southern California Association of Governments’ General Assembly.
3. CONSIDERATION OF A CONTRIBUTION TO HENRY MAYO NEWHALL HOSPITAL'S BUILDING FOR YOUR HEALTH CAPITAL CAMPAIGN - The City Council to consider Henry Mayo Newhall Hospital's request for a contribution to its Building for Your Health capital campaign.
RECOMMENDED ACTION:
City Council discuss the capital campaign request made by Henry Mayo Newhall Hospital and provide direction to City staff.
4. PROPERTY ACQUISITION AND LEASE AGREEMENT FOR YMCA
BUILDING - City Council consider acquiring the property located at 26147 McBean Parkway, and amending the property lease between the YMCA of Metropolitan Los Angeles and the Valencia Summit Homeowners Association, naming the City of Santa Clarita as the tenant.
RECOMMENDED ACTION:
City Council:
1. Approve a Donation Agreement with the YMCA for the transfer of ownership of the building located at 26147 McBean Parkway, at no cost to the City.
2. Amend the Lease Agreement between the YMCA and the Summit Homeowners Association, removing the YMCA as the tenant and naming the City of Santa Clarita the tenant for the duration of the lease.
3. Authorize the City Manager or designee to execute all documents, subject to final language approval by the City Manager and City Attorney.
5. PROPOSED 2023 LOS ANGELES COUNTY WEED ABATEMENT AND BRUSH CLEARANCE PROGRAM - City Council to discuss the proposed Los Angeles County Weed Abatement and Brush Clearance Program for calendar year 2023, including the impact to Santa Clarita property owners, and provide staff direction.
RECOMMENDED ACTION:
City Council discuss the proposed Los Angeles County Weed Abatement and Brush Clearance Program for calendar year 2023 and provide direction to City staff.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one motion by the City Council. The items are not individually discussed by the City Council unless a request is made by a member of the public or the Council, in which case, the item(s) will be removed from the Consent Calendar and will be considered separately.
6. APPROVAL OF SPECIAL MEETING MINUTES – The minutes of the City Council are submitted for approval.
RECOMMENDED ACTION:
City Council approve the minutes of the January 24, 2023 Special Meeting.
7. APPROVAL OF REGULAR MEETING MINUTES – The minutes of the City Council are submitted for approval.
RECOMMENDED ACTION:
City Council approve the minutes of the January 24, 2023 Regular Meeting.
8. CHECK REGISTER NO. 02 - Check Register No. 02 for the Period 12/16/22 through 12/29/22 and 01/05/23. Electronic Funds Transfers for the Period 12/19/22 through 12/30/22.
RECOMMENDED ACTION:
City Council approve and ratify for payment the demands presented in Check Register No. 02.
9. SECOND READING OF AN ORDINANCE AMENDING THE SANTA CLARITA MUNICIPAL CODE TITLE 2 PERTAINING TO LIBRARY CODE OF
CONDUCT - Second reading of an ordinance, updating Title 2 of the Santa Clarita Municipal Code, pertaining to the Santa Clarita Public Library Code of Conduct.
RECOMMENDED ACTION:
City Council waive reading of the text and consent to read by title only, as listed on the agenda, and adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING TITLE 2 OF THE
SANTA CLARITA MUNICIPAL CODE PERTAINING TO LIBRARY CODE OF CONDUCT.”
10. 2022-23 ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECT M0148 AND 2022-23 ADA ACCESS RAMPS, PROJECT D0003 - PLANS AND SPECIFICATIONS AND CONSTRUCTION CONTRACT - The sidewalk repair program will replace selected existing sidewalks damaged by tree roots and pavement settlement. The access ramp construction program will serve people with disabilities through the installation of new access ramps.
RECOMMENDED ACTION:
City Council:
1. Approve the plans and specifications for the 2022-23 Concrete Rehabilitation Program, Project M0148, and 2022-23 ADA Access Ramps, Project D0003.
2. Award the construction contract to Toro Enterprises, Inc., in the amount of $643,160 and authorize a contingency of $10,000 for the total contract amount of $653,160.
3. Authorize the transfer of project savings in the amount of $100,000 to 2022-23 Concrete Rehabilitation Program expenditure account M0148233-516101 from the following accounts:
• $38,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account T3027233-516101, Sidewalk Gap Closure;
• $37,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account M0147233-516101, 21-22 Thermoplastic Lane Striping; and • $25,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account C0064233-516101, 20-21 Circulation Improvement Program.
4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.
11. MAGIC MOUNTAIN PARKWAY BEAUTIFICATION, PROJECT B1019 - DESIGN CONTRACT - This item awards the design contract for the beautification on Magic Mountain Parkway from Tourney Road to Avignon Drive. Improvements will be designed and constructed in two phases. Phase Ⅰ will be the landscape medians and phase Ⅱ improvements will provide the full buildout of street improvements including bike paths, street lighting and sidewalks.
RECOMMENDED ACTION:
City Council:
1. Award a design contract to Encompass Consultant Group, Inc., for the Magic Mountain Parkway Beautification, Project B1019, in the amount of $625,979 and authorize a contingency in the amount of $62,597, for a total contract amount not to exceed $688,576.
2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.
PUBLIC PARTICIPATION
This time has been set aside for any speakers that have turned in speaker cards and were not heard in the first thirty minutes allotted to address the City Council on items that are NOT on the agenda. Speaker cards may not be submitted relating to any items listed on the agenda.
STAFF COMMENTS
ADJOURNMENT
In memory of Jonathan Buchan and Myron Aproul
FUTURE MEETINGS
The next regular meeting of the City Council will be held February 28, 2023, at 6:00 PM in the Council Chambers, 1st floor of City Hall, 23920 Valencia Blvd., Santa Clarita, CA.
CERTIFICATION
On February 9, 2023, I, Mary Cusick, do hereby certify that I am the duly appointed and qualified City Clerk for the City of Santa Clarita and that the foregoing agenda was posted at City Hall.
_____________________________
Mary Cusick
City Clerk
Santa Clarita, California
PROCLAMATION
Black History Month
February 2023
WHEREAS, Black History Month allows for a special opportunity to celebrate the history of African Americans, and to honor the many African Americans who have contributed to the progress of our nation; and
WHEREAS, such recognition and knowledge can strengthen the insight of our community regarding the numerous accomplishments and contributions made by African Americans; and
WHEREAS, many African Americans have made important contributions to our society, including Martin Luther King, Jr., one of the nation’s greatest civil rights activists; Rosa Parks, whose famous decision to remain in her bus seat symbolized the spirit and defining moment of the Civil Rights Movement; Claudette Colvin, a 15-year-old who was arrested for refusing to give up her seat to a white passenger on a segregated bus in Montgomery, Alabama, which inspired an entire wave of the Civil Rights Movement; Jackie Robinson and Earl Lloyd, the first African Americans to integrate Major League Baseball and the National Basketball Association, respectively; and Thurgood Marshall, the first African American United States Supreme Court Justice; and
WHEREAS, it is important to recognize the courage and strength demonstrated by each of these leaders, along with many other African Americans by celebrating their success and national achievement.
NOW, THEREFORE, the City of Santa Clarita does hereby proclaim February 2023, as Black History Month.
Signed this 14th day of February, 2023.
Jason Gibbs, Mayor
Santa Clarita, California
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Attachment: Black History Month Proclamation 2023 (Black History Month Proclamation)
Agenda Item: 1
CITY OF SANTA CLARITA
AGENDA REPORT
PUBLIC HEARINGS
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT
ANNEXATION NO. 2023-1 (FORMER REALTY EXECUTIVES
PROPERTY - SOLEDAD CANYON ROAD AT WHITES CANYON
ROAD) - PUBLIC HEARING
DEPARTMENT: Administrative Services
PRESENTER: Kevin Tonoian
RECOMMENDED ACTION
City Council:
1. Conduct a public hearing, open, and tabulate ballots.
2. Adopt resolutions declaring the results of the property owner protest ballot proceeding and approving the annexation of Assessor Parcel Number 2803-030-046 into the Santa Clarita Streetlight Maintenance District, Zone B, if no majority protest exists, and order levies beginning Fiscal Year 2023-24. If a majority protest exists, no further action will be required.
BACKGROUND
On January 24, 2023, the City Council adopted procedural resolutions setting a public hearing for the annexation of a parcel into Streetlight Maintenance District (SMD) Zone B. A ballot and notice associated with SMD Annexation 2023-1 was sent to the individual affected property owner, with a Notice of Public Hearing published in The Signal newspaper on February 2, 2023.
The SMD is responsible for funding operations of the 17,598 streetlights owned by and located throughout the City of Santa Clarita (City). The presence of the City’s existing streetlight system confers a distinct and special benefit to the parcel identified for annexation into SMD Zone B.
As part of this ballot process, the property owner of record at 19310 Soledad Canyon Road (Assessor Parcel Number 2803-030-046) will consider annexing into SMD Zone B and authorizing a maximum annual assessment currently set at $93.91 per equivalent benefit unit.
1 Packet Pg. 8
The SMD is governed by the laws of the State of California, including the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highway Code commencing with Section 22500, and in accordance with Article XIII D of the California Constitution and the Proposition 218 Omnibus Implementation Act.
The laws prescribe specific steps be followed to annex parcels into special districts, including the requirement for an assessment ballot process involving the owners of the parcels affected by the special district, and the scheduling of a public hearing.
The process for annexing parcels into the City’s SMD typically includes the preparation of an Engineer’s Report and a 45-day noticing period in advance of holding a public hearing where ballots are opened and tabulated. In circumstances where an individual property owner desires to initiate proceedings, state law allows the City to memorialize annexation activity during approval of the annual levy of all special districts and provides the applicant with the ability to waive the 45-day noticing period.
As part of the January 24, 2023, procedural action taken by the City Council which initiated annexation proceedings, the property owner elected to waive the required noticing period for the purpose of consenting to the annexation of territory into the SMD (see Attachment A).
Property owner protest ballots received prior to the close of the February 14, 2023, public hearing will be opened and tabulated to determine whether a majority protest exists, as defined in Article XIII D of the California Constitution. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment.
In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. The recommended actions are in full compliance with the requirements of the Landscaping and Lighting Act of 1972 and the Proposition 218 Omnibus Implementation Act.
Upon tabulation, should a majority protest among all parcel owners returning ballots not exist, the City Council will adopt a resolution approving and ordering the annexation of parcels into SMD Zone B commencing in Fiscal Year 2023-24.
ALTERNATIVE ACTION
Other direction as determined by the City Council.
x
FISCAL IMPACT
There is no fiscal impact to the General Fund associated with this action. Costs associated with the balloting process are borne by the applicant conditioned to annex into Streetlight Maintenance District, Zone B.
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ATTACHMENTS
Annexation 2023-1v.2 Public Hearing Notice
SMD L100 PH Resolution 1 - Declaring Annexation 2023-1 Ballot Results SMD L100 PH Resolution 2 - Confirming Annexation 2023-1 Assessments Attachment A - L100 Executed Petition-Consent-Waiver
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CITY OF SANTA CLARITA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN:
A Public Hearing will be held before the City Council of the City of Santa Clarita in the City Hall Council Chambers, 23920 Valencia Boulevard, first floor, Santa Clarita, California, on the 14th day of February 2023, at or after 6:00 p.m., to consider the City of Santa Clarita Streetlight Maintenance District Annexation No. 2023-1.
The City Council, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Section 22500 through 22679 of the California Streets and Highways Code, and Article XIII D of the California Constitution (Proposition 218), the Proposition 218 Omnibus Implementation Act will take appropriate consideration and action.
Proponents, opponents, and any interested persons may appear and be heard on this matter at that time. Further information may be obtained by contacting the Administrative Services Department, 23920 Valencia Boulevard, Santa Clarita, CA 91355; (661) 290-2210, Kevin Tonoian, Special Districts Manager.
If you wish to challenge this action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.
Dated: February 1, 2023
Mary Cusick, MMC
City Clerk
Publish Date: February 2, 2023
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Attachment: Annexation 2023-1v.2 Public Hearing Notice (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION 2023-1 - PUBLIC HEARING)
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER
PROTEST BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS
RELATED TO THE ANNEXATION OF TERRITORY AND MODIFICATION OF SANTA
CLARITA STREETLIGHT MAINTENANCE DISTRICT (SMD), BEING ZONE B OF THE
SANA CLARITA LANDSCAPE AND LIGHTING DISTRICT, DESIGNATED AS ANNEXATION NO. 2023-1, COMMENCING FISCAL YEAR 2023-24, AND APPROVING
CERTAIN RELATED ACTIONS
WHEREAS, on January 24, 2023, the City Council of the City of Santa Clarita (City) initiated proceedings for the annexation of territory into the Santa Clarita Streetlight Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District (SMD Zone B) such annex parcels being designated as SMD Annexation No. 2023-1, pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (Act), and in compliance with the substantive and procedural requirements of Article XIIID, section 4, of the California Constitution and the Proposition 218 Omnibus Implementation Act (Article XIIID), being Government Code section 53750 et seq., (collectively, Assessment Law); and
WHEREAS, on January 24, 2023, the City Council adopted Resolution No. 23-2 declaring its intention to annex the territory designated as SMD Annexation 2023-1, and calling for a property owner ballot protest proceeding for the proposed assessments to be levied and collected commencing in Fiscal Year (FY) 2023-24 within SMD Annexation 2023-1, in accordance with the provisions of the Assessment Law; and
WHEREAS, the Assessment Engineer, Willdan Engineering, has previously filed with the City Clerk of the City and presented on June 28, 2022, to the City Council for approval, the Fiscal Year 2022-2023 Santa Clarita Landscape and Lighting District Engineer’s Report (Approved Engineer’s Report) containing the matters specified in Section 22586 of the Act; and WHEREAS, pursuant to Resolution No. 23-2, the City Council; (a) set the time and place for conducting a public hearing for the purpose of hearing property owner protests to the proposed annexation of the parcels within SMD Annexation 2023-1, maintenance and servicing of the improvements, and the assessments proposed to be levied on parcels of land within SMD Annexation 2023-1; and (b) ordered that the record owner of each parcel proposed to be assessed have the right to submit an assessment ballot in favor of, or in opposition to, the annexation to the SMD and the assessment proposed to be levied on such parcel; and
WHEREAS, in accordance with the Assessment Law, the City Council duly held a property owner ballot protest proceeding for SMD Annexation 2023-1, for the purpose of presenting to the qualified property owners within SMD Annexation 2023-1, the annual levy of assessments for the improvements connected therewith. The annual levy of assessments, as presented to the affected property owners of record in this ballot protest proceeding, included and identified the initial maximum assessment rate for FY 2023-24, the proportional assessment amount balloted for each benefiting property as well as the annual inflationary adjustment
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Attachment: SMD L100 PH Resolution 1 - Declaring Annexation 2023-1 Ballot Results (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION
applicable to future assessments and the total amount balloted for the District. These assessments as presented are intended to fund in whole, or in part, the special benefit costs and expenses related to the ongoing maintenance, operation and servicing of the improvements, and appurtenant facilities related thereto and as more fully described in the Annual Levy of Special Districts Engineer’s Report for Fiscal Year 2022-23, dated June 28, 2022; and
WHEREAS, the owners of record of identified parcels within the District as of the close of the public hearing held on February 14, 2023, did cast their ballots, weighted by the proportional financial obligation of each property for which a ballot was submitted and not withdrawn.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows:
SECTION 1. That the above recitals are true and correct.
SECTION 2. The ballot protest proceedings for SMD Annexation 2023-1 was conducted pursuant to the provisions of the Assessment Law, with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the public hearing on February 14, 2023, with each ballot weighted according to the proportional financial obligation of the affected property.
SECTION 3. The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted and confirmed. Whereas, the landowner(s) of record within SMD Annexation 2023-1, as of the close of the public hearing held on February 14, 2023, did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which is illustrated below:
Weighted value of assessment ballots submitted, and not withdrawn, in favor of the proposed assessment
$
Weighted value of assessment ballots submitted, and not withdrawn, in opposition to the proposed assessment
$
Total valid assessment ballots submitted and not withdrawn $
SECTION 4. The City Clerk is hereby directed to enter this resolution into the minutes of the City Council, which shall constitute the official declaration of the results of such property owner ballot protest proceeding.
SECTION 5. This resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this resolution.
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Attachment: SMD L100 PH Resolution 1 - Declaring Annexation 2023-1 Ballot Results (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION
PASSED, APPROVED AND ADOPTED this 14th day of February 2023.
______________________________
MAYOR
ATTEST:
_______________________________
CITY CLERK
DATE:__________________________
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 23-_____ was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 14th day of February, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
CITY CLERK
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Attachment: SMD L100 PH Resolution 1 - Declaring Annexation 2023-1 Ballot Results (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION
RESOLUTION NO. 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
CLARITA, CALIFORNIA, ORDERING THE MODIFICATION OF SANTA CLARITA
STREETLIGHT MAINTENANCE DISTRICT (SMD), BEING ZONE B OF THE SANTA CLARITA LANDSCAPE AND LIGHTING DISTRICT FOR ANNEXATION NO. 2023-1,
INCLUDING THE BALLOTED ASSESSMENTS DESCRIBED THEREIN, AND TAKING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of Santa Clarita (City) has initiated proceedings relating to Santa Clarita Streetlight Maintenance District (SMD), being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District (SMD Zone B), Annexation No. 2023-1 (SMD Annexation 2023-1) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act), and in accordance with Article XIIID of the California Constitution and the Proposition 221 Omnibus Implementation Act (Article XIIID), commencing with Section 51750 of the California Government Code (collectively, Assessment Law), to fund the costs of installation, servicing, and maintenance of streetlighting and/or landscaped improvements within public rights-of-way and dedicated landscape easements within the City; and
WHEREAS, the City Council did set the time and place for a public hearing to consider the annexation of territory and the levy of assessments in connection with SMD Annexation 2023-1, and did order that notice of such public hearing, accompanied by assessment ballots, be mailed to the record owners of property within SMD Annexation 2023-1, in accordance with the provisions of the Assessment Law; and
WHEREAS, the City Council set the time and place for a public hearing to be held during a regular meeting of the Santa Clarita City Council, in City Hall Council Chambers, 23920 Valencia Boulevard, 1st Floor, Santa Clarita, California, on February 14, 2023, at 6:00 p.m. or as soon thereafter as the matter may be heard; and
WHEREAS, notice of such public hearing accompanied by assessment ballots were delivered to the record owners of property within SMD Annexation 2023-1 in accordance with the provisions of the Assessment Law; and
WHEREAS, the City Council considered all oral and written statements, protests, and communications made or filed by any interested persons; and
WHEREAS, following conclusion of the public hearing, assessment ballots received by the City were tabulated by the City Clerk, and a majority protest did not exist.
NOW THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows:
SECTION 1. The above recitals are true and correct.
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Attachment: SMD L100 PH Resolution 2 - Confirming Annexation 2023-1 Assessments (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION
SECTION 2. The City Council hereby finds and determines that the procedures for the consideration of the annexation territory and levy of the assessments have been undertaken in accordance with the Assessment Law.
SECTION 3. Assessment ballots were delivered, as required by Assessment Law, to the record owners of all properties within SMD Annexation 2023-1, which are proposed to be assessed. The assessment ballots that were completed and received by the City Clerk prior to the close of the public hearing have been tabulated in accordance with the procedures established by Assessment Law and the City Council, and the results of such tabulation have been submitted to the City Council.
The City Council hereby finds that the assessment ballots, weighted in accordance with Assessment Law, submitted in favor of the levy of assessments, exceed the assessment ballots submitted in opposition to such levy, and therefore, a majority protest to the levy of assessments within SMD Annexation 2023-1 does not exist.
SECTION 4. The City Council hereby orders the annexation of parcels within SMD Annexation 2023-1 to the SMD Zone B.
SECTION 5. Based upon the testimony and other evidence presented at the public hearing, the City Council hereby makes the following determinations regarding the assessments proposed to be imposed commencing with Fiscal Year (FY) 2023-24 and the annual assessment proposed to be imposed to pay for the estimated costs of the maintenance of all the improvements to ultimately be maintained upon the completion and acceptance thereof:
a. The proportionate special benefit derived by each parcel assessed has been determined in relationship to the entirety of the cost of the operations and maintenance expenses.
b. The assessments do not exceed the reasonable cost of the proportional special benefit conferred on each parcel.
c. Only the special benefits have been assessed.
The maximum assessments established within the SMD for FY 2022-23 has been balloted as the maximum assessments for parcels within SMD Annexation 2023-1 are hereby confirmed. Each fiscal year after the base year, FY 2023-24, the maximum assessment shall be increased by the annual change in the Consumer Price Index (CPI), during the preceding year, for All Urban Consumers, for the Los Angeles, Long Beach, and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics, or a reasonably equivalent index if such index is discontinued, without further compliance with the assessment ballot procedures required under the Assessment Law. Subsequent annual assessments in amounts that do not exceed the adjusted maximum annual assessments may be subsequently confirmed and levied without further assessment ballot proceedings, pursuant to the Assessment Law.
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Attachment: SMD L100 PH Resolution 2 - Confirming Annexation 2023-1 Assessments (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION
SECTION 6. The public interest and convenience require, and this legislative body does hereby order, the maintenance work to be made and performed.
SECTION 7. This resolution shall take effect immediately.
SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution, cause the same to be entered in the book of resolutions of the City, and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is presented.
PASSED, APPROVED AND ADOPTED this 14th day of February 2023.
______________________________
MAYOR
ATTEST:
_______________________________
CITY CLERK
DATE:__________________________
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution No. 23- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof held on the 14th day of February 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
CITY CLERK
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Attachment: SMD L100 PH Resolution 2 - Confirming Annexation 2023-1 Assessments (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION
PETITION, CONSENT AND WAIVER
A PETITION, CONSENT AND WAIVER TO THE CITY COUNCIL OF SANTA CLARITA,
COUNTY OF LOS ANGELES , STATE OF CALIFORNIA, FOR THE ANNEXATION OF PROPERTY LOCATED AT 19310 SOLEDAD CANYON ROAD INTO THE SANTA
CLARITA L ANDSCAPE AND LIGHTING DISTRICT, PURSUANT TO APPLICABLE PORTIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 BEING PART 2 OF DIVISION 15 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
CALIFORNIA
WITNESSETH:
A. WHEREAS, the petitioner, 19310 Soledad Canyon Investments, LLC (hereinafter referred to as the “Owner”), is the sole owner of that certain real property (hereinafter referred to as the "Property") located in the City of Santa Clarita , State of California, (hereinafter referred to as the “City”) more particularly described as follows:
Property Description: 19310 Soledad Canyon Road is located on the south/west corner of Soledad Canyon Road and Whites Canyon Road. The property is comprised of the following Assessor Parcel Number:
Assessor Parcel Numbers: 2803-030-46
B. WHEREAS, the Owner is developing the Property as a restaurant within the City, (hereinafter referred to as the "Project"); and
C. WHEREAS, the Project directly benefit s from existing street lighting improvements on streets utilized to access the Property and/or as conditions of development require the installation of street light improvements to be installed by the Owner or on behalf of the Owner to a standard acceptable to the City (hereinafter referred to collectively as “Improvements”); and
D. WHEREAS, as a condition established for the development of the Property for the specific benefit of said Property, the Owner and/or successors of interest is required to annex the parcel into the City’s Street Light Maintenance District (SMD) , being Street Lighting Zone B of the Santa Clarita Landscape and Lighting District, and E. WHEREAS, pursuant to applicable portions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California (“1972 Act”) , the City may a nnex territory into a district to provide for the continued maintenance of the Improvements, and for the payment of the costs and expenses incurred for such maintenance; and
F. WHEREAS, the Right to Vote on Taxes Act, which added Articles XIII C and XIII D to the California Constitution (hereinafter referred to as the “Constitutional Provisions”) requires among other things that all new assessments must comply with the Constitutional Provisions; and
G. WHEREAS, the Constitutional Provisions also requires that the City conduct a public ATTACHMENT A 1.d
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Attachment: Attachment A - L100 Executed Petition-Consent-Waiver (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION 2023-1 - PUBLIC
hearing not less than forty-five-days (45 days ) after mailing a notice of the proposed assessment along with an assessment ballot to record owners of each parcel which will have a special benefit conferred upon them and upon which an assessment will be imposed; and H. WHEREAS, the California Civil Code, Section 3513, allows anyone to waive the advantage of a law intended solely for their benefit; and I. WHEREAS, the forty-five-day period before the conduct of the public hearing is not established for a public reason but is solely for the advantage of the parcels having a special benefit conferred upon them and which an assessment will be imposed; and J. WHEREAS, the proposed assessments upon the Property and associated parcels within the Project will be for the special benefit to be received by the Property and associated parcels within the Project from the Improvements; and
K. WHEREAS, the Owner of this Property is the sole owner or authorized representative the owners of such real property identified as Assessor Parcel Number 2803-030-046 t hat will be benefited by the Improvements, and the maintenance, operation, and servicing thereof; and
L. WHEREAS, the Constitutional Provisions do not prohibit a waiver of the forty -five day noticing period.
NOW, T HEREFORE, in furtherance of the foregoing recitals, the Owner does hereby petition the City as follows:
1. In order to assure the continued maintenance, operation, and servicing of the Improvements, and the payment of the cost and expenses incurred for such m aintenance, the Owner hereby requests that the City annex the Property referenced in Paragraph A of the recitals herein above into the Santa Clarita Landscape and Lighting District (“District”) pursuant to the 1972 Act.
2. The Owner acknowledges that the Prop erty referenced in Paragraph A of the recitals herein above, incorporates and represents all the parcels to be annexed into the District at this time and that the total annual assessment for the Improvements shall be apportioned and applied to the Property in accordance with the benefits received.
3. As the Owner of the Property referenced in Paragraph A of the recitals herein above to be annexed into the District, the Owner hereby waives all statutory notices of hearings and rights of majority protests by in terested property owners in the proposed annexation per Section 22608 of the 1972 Act.
4. As the Owner of the Property referenced in Paragraph A of the recitals herein above, which will receive a special benefit from the Improvements and is proposed to be ass essed for the special benefit, the Owner hereby waives all statutory notice periods per the Constitutional Provisions.
5. In consideration of the approval of the annexation by the City, the Owner hereby proposes as follows:
a. To consent to the annexation of territory into the District;
1.d
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Attachment: Attachment A - L100 Executed Petition-Consent-Waiver (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION 2023-1 - PUBLIC
1.d
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Attachment: Attachment A - L100 Executed Petition-Consent-Waiver (LANDSCAPE AND LIGHTING DISTRICT ANNEXATION 2023-1 - PUBLIC
Agenda Item: 2
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: CITY DELEGATE AND ALTERNATE REPRESENTATIVE FOR THE 2023 SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS' GENERAL ASSEMBLY
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council appoint a Delegate and an Alternate to the 2023 Southern California Association of Governments’ General Assembly.
BACKGROUND
The Southern California Association of Governments (SCAG) region encompasses six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities in an area covering more than 38,000 square miles. SCAG develops long-range regional transportation plans including sustainable communities’ strategy and growth forecast components, regional transportation improvement programs, regional housing needs allocations, and a portion of the South Coast Air Quality management plans.
SCAG is currently developing and implementing programs and policies consistent with the 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (Connect SoCal), which is the organization’s long-range vision for transportation and housing within the six- county region. Programs and policies to advance Connect SoCal will likely be the centerpiece of discussions and presentations at this year's General Assembly.
Each year, the City Council appoints a Delegate and an Alternate to SCAG’s General Assembly, which will be held on May 5, 2023. A municipality's Delegate and Alternate must be an elected member of that jurisdiction's governing body. Every member jurisdiction within the SCAG region is requested to appoint a Delegate, who has the opportunity to vote on any proposed changes to SCAG by-laws or propose and vote upon resolutions to be considered by SCAG’s membership at the General Assembly. In the absence of the Delegate, the Alternate may represent the jurisdiction’s governing body at the General Assembly. 2 Packet Pg. 21
Councilwoman McLean serves as the SCAG Regional Council District Representative, which was approved by the City Council at the January 24, 2023, regular meeting. Additionally, Mayor Gibbs and Council Members McLean and Miranda serve on SCAG policy committees.
ALTERNATIVE ACTION
Other action, as determined by the City Council.
FISCAL IMPACT
No additional resources beyond those contained within the City's adopted 2022-23 budget are required.
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Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: CONSIDERATION OF A CONTRIBUTION TO HENRY MAYO
NEWHALL HOSPITAL'S BUILDING FOR YOUR HEALTH
CAPITAL CAMPAIGN
DEPARTMENT: City Manager's Office
PRESENTER: Michael Villegas
RECOMMENDED ACTION
City Council discuss the capital campaign request made by Henry Mayo Newhall Hospital and provide direction to City staff.
BACKGROUND
Established in 1975, Henry Mayo Newhall Hospital (HMNH) is a 356-bed, not-for-profit community hospital and trauma center that serves as the only hospital in the Santa Clarita Valley.
The hospital provides a wide range of care through a number of services including, but not limited to, a maternity department, cancer program, advanced primary stroke center, and a spine and joint program, among many other vital programs and centers.
In 2008, the City Council approved the HMNH Master Plan and Development Agreement, which would allow for on-site improvements to the existing campus, including an inpatient building, three medical office buildings, a central plant facility, and four parking structures. In 2016, the City Council approved the creation of a Specific Plan for the HMNH campus, which included approvals for a zoning change, 31,000 square-foot expansion to the existing campus, and various other amendments to the Master Plan and Development Agreement documents to stay consistent with the new Specific Plan. Since these approvals, the first facility, a new inpatient building, was completed and opened in late 2019. The new building has been well received by the community and proved extremely valuable during the COVID-19 pandemic, which plagued our residents in early 2020. More recently, in 2021, the City Council approved further updates that would keep the HMNH campus consistent with state laws and allow for additional facilities. The approval amended the 2008 Master Plan and Development Agreement to permit the development of up to an additional 200,000 square feet of building area for a diagnostics and testing building, a new inpatient building, and up to 292 new parking spaces to be added to one of the existing parking 3 Packet Pg. 23
structures.
As part of HMNH’s new patient tower Building for Your Health capital campaign, the hospital is focused on completing the build out of the tower’s first floor, which includes a new surgical center. To aid in this effort, HMNH has respectfully requested the City to consider a $2 million pledge, which can be paid in one lump sum or over the course of four years. Should the City Council elect to provide a contribution, the funds would go towards the capital campaign and surgical center, which would replace suites that are over 40 years old and provide critical services for residents of the Santa Clarita Valley for years to come. In appreciation of the City’s support, HMNH has offered to work with the City to create a suitable recognition in the new surgical center’s waiting area. It should be noted that the City contributed $200,000 in October of 1999 to support the HMNH trauma center.
ALTERNATIVE ACTION
No alternative action is applicable.
FISCAL IMPACT
The fiscal impact is contingent upon the direction of the City Council which has discretion to provide a donation in any amount up to $2 million. However, any contribution made to Henry Mayo Newhall Hospital would require the use of General Fund dollars.
ATTACHMENTS
HMNH Capital Campaign Request 10.3.22
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
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Attachment: HMNH Capital Campaign Request 10.3.22 (HENRY MAYO NEWHALL HOSPITAL CAPITAL CAMPAIGN REQUEST)
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: PROPERTY ACQUISITION AND LEASE AGREEMENT FOR YMCA
BUILDING
DEPARTMENT: Neighborhood Services
PRESENTER: Susan Nelson
RECOMMENDED ACTION
City Council:
1. Approve a Donation Agreement with the YMCA for the transfer of ownership of the building located at 26147 McBean Parkway, at no cost to the City.
2. Amend the Lease Agreement between the YMCA and the Summit Homeowners Association, removing the YMCA as the tenant and naming the City of Santa Clarita the tenant for the duration of the lease.
3. Authorize the City Manager or designee to execute all documents, subject to final language approval by the City Manager and City Attorney.
BACKGROUND
Since 1988, the Young Men’s Christian Association of Metropolitan Los Angeles (YMCA) has operated in their building (Building) located on property leased by the Valencia Summit Homeowners Association (HOA). In 2016, the YMCA announced plans to close the Building and focus their efforts on construction of a new facility adjacent to the new Senior Center, Bella Vida, located off of Golden Valley Road. In March of 2020, the Building closed due to the pandemic and reopened briefly before closing to the public permanently.
Last year, representatives of the YMCA approached the City of Santa Clarita (City) to inquire about the City’s interest in purchasing the Building. The 12,000 square foot facility has space for offices, childcare, and group exercise. In the center of the Building is a 4½ foot deep indoor pool, which was designed to accommodate learn-to-swim and water exercise programs.
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The YMCA has a zero-dollar, renewable 50-year lease with the HOA for use of the property where the Building is located, which began on March 24, 1986. The building was subsequently constructed in 1988. The lease stipulates that the premises are to be used for supervised recreation, and activities and programs for the public, such as swimming lessons, exercise classes, child care, educational seminars, arts and crafts classes, and community meetings.
Further, the property is zoned Open Space.
Analysis
Since being approached by the YMCA, City staff has visited the Building on several occasions to determine the feasibility of implementing recreational programs at the site and to assess the condition of the Building, the pool, and associated equipment. Staff has determined that while improvements to the Building are needed, it is a location that could support the expansion of the City’s Primetime Preschool program and serve as the central hub for Contract Classes. Based on staff's evaluation of the building, initial repairs upwards of $1,000,000 would be brought to Council for consideration as part of the Capital Budget process for Fiscal Year 2023-24.
The YMCA initially asked the City to purchase the Building; however, the amount and cost of needed repairs and the restrictions in the lease constrain the site, and ultimately, the value of the facility. The City and representatives of the YMCA have negotiated terms where the City accepts ownership of the Building at no cost, and assumes the role of “Tenant” in the lease with the HOA.
Because the Building is being donated to the City by the YMCA, the City did not pay for a formal property appraisal. The YMCA has reviewed the property details and determined the value of the lease and facility to be approximately $2,017,000.
Potential Property Use
There is currently no City-owned recreational building of this size on the west side of the City.
The nearest reservable community room is located at Old Orchard Park, which is only 627 square feet.
City staff envisions the primary activities at the Building will be Primetime Preschool, Contract Classes, Aquatics Programs, and Camp Clarita. Each of these programs currently waitlisted and in high demand have the ability to generate revenue, offsetting some of the ongoing costs associated with operating the Building.
Due Diligence
Staff has met with the Board of the HOA to determine if they would be supportive of the City assuming ownership of the Building and replacing the YMCA as the tenant on the lease. Overall, the Board supported the idea of the City becoming the owner of the Building, especially given that the City currently maintains Valencia Summit Park. The HOA Board has approved the draft lease amendment, which is attached. City staff has also received verbal agreement from the YMCA on the draft donation agreement, attached as reading file, which would transfer ownership of the Building to the City at no cost.
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Environmental Review
The proposed acquisition has been reviewed pursuant to the California Environmental Quality Act (CEQA) and the acquisition is exempt under CEQA Section 15301 Class 1, Section 15316 Class 16, and Section 15323 Class 23. A Notice of Exemption has been prepared and any subsequent or proposed changes in the use or condition of the property will be subject to CEQA guidelines.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
There is no fiscal impact as a result of this action. Staff will return to the City Council with detailed estimates associated with the one-time cost of renovations, the ongoing cost to operate and maintain the building, and the ongoing revenue to be generated by activities at the location.
ATTACHMENTS
Site Plan
Third Amendment to Lease
YMCA Donation Agreement Document Including Exhibit (available in the City Clerk's Reading File)
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Attachment: Site Plan (Property Acquisition and
LA4880-1277-7017 v2
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, California 91355
Attention: City Clerk
FEE EXEMPT GOVT. CODE 6103 & 27383
[Space Above this Line for Recorder’s Use]
THIRD AMENDMENT TO LEASE
This Third Amendment to Lease (the “Amendment”) is made as of ___________________, 20__, by and between THE VALENCIA SUMMIT HOMEOWNERS ASSOCIATION, a California nonprofit corporation (“Landlord”) and the CITY OF SANTA CLARITA, a municipal corporation (“Tenant”), who agree as follows:
1. Recitals. This Amendment is made with reference to the following facts and circumstances:
(a) Landlord and YOUNG MEN’S CHRISTIAN ASSOCIATION OF
METROPOLITAN LOS ANGELES, a California nonprofit corporation, formerly known as Young Men’s Christian Association (“YMCA”), were parties to that certain Lease dated as of March 24, 1986, and recorded September 23, 1987 in the Official Records of Los Angeles County, California (the “Official Records”), as Instrument No. 1987-1521895 (as the same was amended by that certain document(s) recorded September 23, 1987, in the Official Records as Instrument No. 1987-1521896 (the “First Amendment”), as further amended by that certain document(s) recorded December 4, 1987, in the Official Records as Instrument No. 1987-1916363 (the “Second Amendment”, and together with the First Amendment, collectively, the “Lease”), regarding that certain premises located at 26147 McBean Pkwy, Santa Clarita, California, legally described on the attached Exhibit A (the “Premises”).
(b) Pursuant to an Assignment and Assumption Agreement made and effective as of _______________, 20__ (the “Assignment”), YMCA has assigned to Tenant all of YMCA’s right, title and interest in, to and under the Lease, and Landlord has consented to such assignment.
(c) Landlord and Tenant now desire to make certain amendments to the Lease, all as more particularly provided in this Amendment.
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Attachment: Third Amendment to Lease (Property Acquisition and Lease Agreement for YMCA Building) LA4880-1277-7017 v2
2. Amendments to Lease. Landlord and Tenant agree as follows:
(a) The “Facility” as defined in Section 2 of the Lease has been constructed and completed in accordance with the terms of the Lease, and until the Premises are surrendered to Landlord at the expiration or earlier termination of the Lease, title to and ownership of the Facility and all other buildings and improvements, and any additions or replacement thereto, now or hereafter located on the Premises are vested in Tenant.
Tenant shall have the right to construct additional buildings and improvements on the Premises, subject to the provisions of Section 5 of this Lease.
(b) All references in Section 2 of the Lease to “YMCA” are changed to be references to “Tenant”, and the reference in Section 2 to “YMCA’s Board of Managers” is changed to be a reference to “Tenant’s governing body.”
(c) The following is hereby added to the end of paragraphs A and B located on page 11 of Section 11 of the Lease: “and its and their successors and assigns.”
(d) Tenant’s notice address as set forth in Section 13 of the Lease is amended to read as follows:
“City of Santa Clarita
23920 Valencia Boulevard, Suite 120
Santa Clarita, California 91355
Attention: City Clerk”
(e) The first sentence of Section 18 is revised to read as follows”:
“If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of any cause not the fault of the obligated party and beyond the reasonable control of the obligated party (financial inability excepted), including, without limitation, by reason of acts of God, restrictive governmental laws or regulations, labor or material shortages, strikes, lockouts, fires, epidemics or pandemics, then performance of such act shall be excused for the period of the delay; and the period for performance of such act shall be extended for a period equivalent to the period of such delay.”
(f) Section 24A of the Lease is amended to read as follows”
“Tenant shall be deemed to be in default under the terms of this Lease if Tenant shall fail to promptly perform or observe any covenant, condition or agreement to be performed by Tenant under this Lease, and such failure shall continue for a period of ninety (90) days after Tenant’s receipt of written notice from Landlord to Tenant specifying the nature of such failure; provided, however, that if the nature of such failure is such that more than ninety (90) days are reasonably necessary for its cure, then
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Attachment: Third Amendment to Lease (Property Acquisition and Lease Agreement for YMCA Building) LA4880-1277-7017 v2
Tenant will not be in default under this Lease so long as Tenant commences to cure such failure within such ninety (90) day period and thereafter prosecutes such cure to completion with reasonable diligence.”
(g) A new Section 28 is added to read as follows:
“28. QUIET ENJOYMENT. Landlord covenants with Tenant that, subject to the terms and provisions of this Lease, Tenant will be entitled to peaceably and quietly enjoy the Premises and all rights and appurtenances thereto during the term of this Lease, without molestation or hindrance of any person whomsoever.”
(h) A new Section 29 is added to read as follows”
“29. Right of First Refusal. The Landlord agrees that it will not at any time sell the Premises unless Landlord first has given written notice to Tenant of its intention to do so (the "Notice of Intended Sale") and shall otherwise have complied with the terms and provisions of this Section 29.
The Notice of Intended Sale must set forth (i) a detailed statement of the terms, including price and method of payment, relating to the proposed sale, and (iii) the name and address of the purchaser(s) to which the sale is to be made. Upon receipt by Tenant of the Notice of Intended Sale, Tenant will have the right to purchase the Premises at the price and on the terms set forth in the Notice of Intended Sale. Tenant's right shall be exercisable by written notice of exercise (the "Exercise Notice") given to Landlord within thirty (30) days following Tenant's receipt of the Notice of Intended Sale. If Tenant does not give the Exercise Notice within that thirty (30) day period, Landlord may sell of the Premises to the proposed purchaser(s) identified in the Notice of Intended Sale on the terms set forth therein, provided that such sale is bona fide and consummated within ninety (90) days of the date of the Notice of Intended Sale. If the sale is not consummated within that ninety (90) day period, all of the restrictions provided for in this Section 29 will again become effective with respect to the Premises. The closing with respect to the Premises as to which Tenant has given an Exercise Notice is to take place within ninety (90) days following the giving of the Exercise Notice, or at such earlier or later time as Tenant and Landlord may agree upon. Any sale of the Premises by Landlord in violation of this Section 29 will be null and void and of no effect.”
3. Miscellaneous. Except as amended hereby, the Lease remains unmodified and in full force and effect.
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Attachment: Third Amendment to Lease (Property Acquisition and Lease Agreement for YMCA Building) LA4880-1277-7017 v2
The parties have caused this Amendment to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above.
THE VALENCIAL SUMMIT CITY OF SANTA CLARITA
HOMEOWNERS ASSOCIATION
By: By:
(Print Name & Title) (Print Name & Title)
[SIGNATURES MUST BE NOTARIZED]
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Attachment: Third Amendment to Lease (Property Acquisition and Lease Agreement for YMCA Building) LA4880-1277-7017 v2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss
County of Los Angeles )
On____________________, before me, _______________________________________, (insert name of notary)
Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Seal)
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Attachment: Third Amendment to Lease (Property Acquisition and Lease Agreement for YMCA Building) LA4880-1277-7017 v2
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
) ss
County of Los Angeles )
On____________________, before me, _______________________________________, (insert name of notary)
Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature (Seal)
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Attachment: Third Amendment to Lease (Property Acquisition and Lease Agreement for YMCA Building)
Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: PROPOSED 2023 LOS ANGELES COUNTY WEED ABATEMENT
AND BRUSH CLEARANCE PROGRAM
DEPARTMENT: City Manager's Office
PRESENTER: Michael Villegas
RECOMMENDED ACTION
City Council discuss the proposed Los Angeles County Weed Abatement and Brush Clearance Program for calendar year 2023 and provide direction to City staff.
BACKGROUND
On January 10, 2023, the Los Angeles County (County) Board of Supervisors (Board) adopted a resolution brought forth by the Consolidated Fire Protection District of Los Angeles County (District) and the Department of Agricultural Commissioner/Weights and Measures (ACWM) which declared dangerous or noxious weeds, brush, combustible growth, rubbish, etc., on designated properties in the County a seasonal and recurrent public nuisance. The parcels listed in the resolution were included because:
• They were identified by fire hazard severity zone criteria or found by inspection to contain vegetation or potentially combustible growth which, when dry, would become a fire hazard to adjacent homes, if not abated.
• The size, location and topography of the property create the potential for the growth of weeds and brush which, when dry, would become a fire hazard to adjacent homes, if not abated.
• The vegetation or potentially combustible growth is in close proximity to a structure preventing firefighters from defending the structure in the event of a fire or endangers their efforts to protect neighboring structures. In addition, a fire originating at the structure could readily spread beyond the structure and onto adjacent land, placing public land, infrastructure, and other homes at risk.
• The vegetation or potentially combustible growth is in close enough proximity to a road to jeopardize safe evacuation from the area by residents as well as impede safe ingress/egress by firefighters attempting to respond to a fire or other emergency. 5 Packet Pg. 49
The resolution also identifies other items such as tumbleweeds and accumulated piles of rubbish, refuse, and trash, among others alike, as public nuisances.
As part of the item, the District and ACWM established two Hearings of Protest before the Weed Abatement and Brush Clearance Referees, scheduled as listed below. • February 15, 2023, from 9:30 a.m. until 12:00 p.m., in the ACWM’s Conference Room, located at 12300 Lower Azusa Road, Arcadia; and
• February 16, 2023, from 9:30 a.m. until 12:00 p.m., in the Antelope Valley at 335 East Avenue K-10, Lancaster.
In addition, the public hearing for the approval of the Weed Abatement and Brush Clearance Program (Program) was set for March 14, 2023, at 9:30 a.m. at 500 West Temple Street, Los Angeles.
The concern with the proposed Program is the impact to Santa Clarita residents. The parcels identified by the County are homes that are located in high or very high fire hazard severity zones as defined by the California Department of Forestry and Fire Protection (CAL Fire), which encompasses a significant portion of Santa Clarita. While the City, unfortunately, has a history of fires, many of the parcels identified by CAL Fire are single-family homes, townhomes, and condominiums that are in developed areas, away from hillsides and other areas that pose higher likelihoods for fires, but are still subject to the Program. Based on the parameters of the Program, residents will be assessed a $100 inspection fee for inspections conducted by the County Fire Department in calendar year 2023, with the fee increasing to $151 in 2024.
Residents do not have the option to opt in or out of this Program and costs associated with these efforts will be recovered through direct assessments on the property taxes of individual properties. The District will assess fines directly to private property owners of declared improved properties if they fail to comply with two official notices to abate hazards that constitute a public nuisance. According to the County’s staff report, in addition to the inspection fee, the County of Los Angeles Auditor-Controller has approved abatement enforcement costs of $908 for improved parcels that require enforcement actions beyond a second inspection. Further, if a private property owner is deemed non-complaint, the property owner would be subject to a $500 administrative fine.
If the Program is approved by the Board on March 14, the ACWM and the District will take the necessary actions to cause the public nuisances to be abated. To achieve fire safety, the ACWM will focus primarily on the unimproved (vacant) properties, and the District will focus its efforts on improved properties. If approved, brush clearance inspections are scheduled to begin April 1 in the Antelope Valley, June 1 in the Coastal Area, and May 1 in all other areas.
ALTERNATIVE ACTION
No alternative action is applicable.
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FISCAL IMPACT
This is no fiscal impact associated with this item.
ATTACHMENTS
Weed Abatement and Brush Clearance County Resolution (available in the City Clerk's Reading File)
5 Packet Pg. 51
CITY OF SANTA CLARITA
City Council
Special Meeting
~Minutes~
Tuesday, January 24, 2023 5:00 PM City Council Chambers
CALL TO ORDER
Mayor Gibbs called the Special Meeting to order at 5:03 p.m.
ROLL CALL
All Councilmember were present with the exception of Mayor Pro Tem Smyth who participated remotely.
PUBLIC PARTICIPATION FOR AGENDIZED ITEMS
Douglas (no last name given) regarding the second item and mobile home parks.
CLOSED SESSION
Joseph Montes, City Attorney, advised of the need to conduct a Closed Session for the purpose of the matters below; that the second item is not related to mobile home parks; and that Councilmember Weste will not be participating in and leaving prior to the commencement of the third item because it involves her property:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Name of case: Michael Cruz et al. v. City of Santa Clarita LASC Case No. 21STCV47451
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) - one matter
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: Assessor's Parcel Nos. 2833-001-087; 2833-004-097; 2833-005-011, 012, 013, 014; and 2833-005-902, 903, 904 and Lyons Avenue within the boundaries of those listed APNs
Negotiating Parties: Laurene Weste and County of Los Angeles City’s Authorized Negotiator: Kevin G. Ennis, Special Counsel, and Ken Striplin, City Manager
Under Negotiation: Price and Terms
RECESS TO CLOSED SESSION - TO BE HELD IN THE CARL BOYER ROOM Mayor Gibbs recessed the meeting to Closed Session at 5:06 p.m. 6 Packet Pg. 52
Minutes Acceptance: Minutes of Jan 24, 2023 5:00 PM (Consent Calendar)
RECONVENE TO OPEN SESSION
Mayor Gibbs reconvened the meeting to Open Session at 6:04 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 Gibbs adjourned the Special Meeting at 6:04 p.m.
______________________________________
MAYOR
ATTEST:
______________________________________
CITY CLERK
6 Packet Pg. 53
Minutes Acceptance: Minutes of Jan 24, 2023 5:00 PM (Consent Calendar)
CITY OF SANTA CLARITA
City Council
Regular Meeting
Joint Meeting with
Board of Library Trustees
Hereinafter the titles Mayor, Mayor Pro Tem, Councilmember, City Manager, City Attorney, and City Clerk may be used also to indicate Mayor/Chair/President, Mayor Pro Tem/Vice-Chair/Vice President, City Manager/Executive Director, City Attorney/Counsel, and City Clerk/Secretary ~Minutes~
Tuesday, January 24, 2023 6:00 PM City Council Chambers
INVOCATION
Councilwoman McLean delivered the invocation.
CALL TO ORDER
Mayor Gibbs called to order the Joint Regular meeting of the City Council and Board of Library Trustees at 6:08 p.m.
ROLL CALL
All Councilmembers were present with the exception of Mayor Pro Tem Smyth.
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 Miranda, second by Weste, to approve the agenda, pulling items 7, 8, and 14 for Public Comment.
Hearing no objections, it was so ordered.
AWARDS AND RECOGNITIONS
Councilmember Weste recognized the Hart High School Regiment Marching Band & Colorguard for placing first place in the 2022 Southern California School Band and Orchestra 7 Packet Pg. 54
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
Association Division 4-A Championships, and invited the team to the dais to receive their recognition and take a photo.
Mayor Gibbs spoke about Restaurant Week, which is organized by local non-profit organization feedSCV. Mayor Gibbs spoke about the City's support of small business owners and their importance to the local economy; announced that the City proclaims February 5-10, 2023, as SCV Restaurant Week; and invited members of feedSCV to the dais to receive the proclamation and to take a photo.
Councilmember Miranda recognized Judith Cassis, who has been a fixture at the SCV Senior Center as a book coach and creative writing teacher, thanked her for her support to seniors in the City for the past two decades through the Golden Pen Writer's Guild, and invited her to the dais to receive her recognition and take a photo.
Councilmember McLean recognized former Parks, Recreation and Community Services Commissioner Dianna Boone, who served on the commission for 12 years, and invited her to the dais to receive a gift and take a photo.
PUBLIC PARTICIPATION
Addressing the Council were Jeffrey Malick regarding hate symbols; Elaine Ballace regarding diversification of City projects; Marisol Espinoza, representing Southern California Gas, regarding higher winter gas bills; Ashe Mahoney regarding a proposed bike trail on Sierra Highway; Diane Zimmerman regarding the thin blue line flag; Cindy Josten regarding the current Presidential administration; Nancy (no last name given) regarding the Monterey Park mass shooting and the adaptive ice skating program at The Cube; Steve Petzold regarding the disc golf course expansion and the California Voting Rights Act; Carrie (no last name given) regarding Planned Parenthood; Santa Rivera regarding clearing brush, flashing lights installed at intersections, separation from Los Angeles County, and protection of children.
STAFF COMMENTS
City Manager Ken Striplin responded to Mr. Mahoney's comments regarding bike lanes on Sierra Highway and stated that the City's Non-Motorized Transportation Plan includes future on- street bicycle lanes. Mr. Striplin also stated that the County of Los Angeles, who has jurisdiction in the same area, also has plans to add bicycle lanes to the street. Mr. Striplin, in response to Mr.
Petzold, stated that disc golf course improvements were included into the plans for the park project, that the project will begin in the near future, and the City is looking for volunteers to assist with the project.
COMMITTEE REPORTS/COUNCILMEMBER COMMENTS
Councilmember Weste thanked the staff of Henry Mayo Newhall Hospital for their hard work, especially during the COVID-19 pandemic, and asked for and received Council support to agendize an item regarding how the City may financially assist them.
Councilmember Miranda pointed out that since the population in the City will be increasing due to the new communities that are being built, the hospital would benefit from financial help since 7 Packet Pg. 55
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
there will be more residents needing to use it; spoke about the Big I Do wedding event, taking place on February 14, 2023.
Councilwoman McLean stated that she plans on continuing on attending the Virtual Probation Oversight Committee meetings to object to Camp Scott being used as a violent offenders prison; thanked all of the participants of the Martin Luther King Jr. Unity Walk; thanked Mayor Pro Tem Smyth and staff for their presentations at the Community Homeless Task Force Meeting; spoke about the North County Transportation Coalition JPA meeting and Governor Newsom's transportation budget cuts, and asked and received Council concurrence for the City to coordinate with other organizations regarding producing a letter requesting the State not to cut transportation funds.
Mayor Gibbs spoke about the Fentanyl Town Hall Meeting; discussed the Moriah Medical College ribbon cutting event; shared condolences for a Sheriff Deputy, and urged those who may need help, to seek it from the community.
PUBLIC HEARINGS
ITEM 1
MODIFICATION TO THE TESORO DEL VALLE PRE-ANNEXATION AGREEMENT
REGARDING TIMING FOR THE COMPLETION OF THE COPPER HILL BRIDGE
WIDENING
The applicant is requesting to modify the Pre-Annexation Agreement between BLC Tesoro, LLC, and the City of Santa Clarita regarding the completion of the construction for the Copper Hill Bridge widening. BLC Tesoro, LLC is requesting to modify the timing for construction of the bridge widening to be completed prior to the issuance of the 342 residential certificate of occupancy.
RECOMMENDED ACTION:
City Council:
1. Conduct the public hearing;
2. Find the modification to the Pre-Annexation Agreement between BLC Tesoro, LLC and the City of Santa Clarita exempt from review under the California Environmental Quality Act (CEQA) pursuant to Article 5 Section 15061(b)(3) of CEQA; and
3. Approve a modification to the Pre-Annexation Agreement between BLC Tesoro, LLC, and the City of Santa Clarita affecting the timing for the completion of the construction of the Copper Hill Bridge widening as it relates to the issuance of Certificates of Occupancy for the development.
Mayor Gibbs opened the Public Hearing.
City Clerk Mary Cusick stated that all notices required by law have been provided.
Senior Planner Patrick Leclair provided the staff presentation. 7 Packet Pg. 56
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
Addressing the Council was Hunt Braly, who thanked City staff for accommodating the project.
Mayor Gibbs closed the public comments.
Councilmember Weste congratulated staff on the project.
Mayor Gibbs inquired about the commencing of the bridge widening, and Mr. Leclair responded that the developer would have to work with the Public Works department to obtain all of the necessary permits to begin construction on the bridge.
RESULT: APPROVED [UNANIMOUS]
MOVER: Bill Miranda, Councilmember
SECONDER: Laurene Weste, Councilmember
AYES: Jason Gibbs, Marsha McLean, Bill Miranda, Laurene Weste ABSENT: Cameron Smyth
NEW BUSINESS
ITEM 2
THE LOS ANGELES COUNTY AFFORDABLE HOUSING SOLUTIONS AGENCY BOARD
OF DIRECTORS RECOMMENDATION
The Los Angeles County Affordable Housing Solutions Agency was recently established through state legislation and is authorized to, among other things, develop ballot measures for the purposes of financing housing related measures, including new construction of affordable housing projects. The legislation establishes a 21-member Board of Directors, including a representative for the Los Angeles North County and San Fernando Valley subregion.
RECOMMENDED ACTION:
City Council discuss and recommend a member of the City Council to serve on the Los Angeles County Affordable Housing Solutions Agency.
Intergovernmental Relations Officer Masis Hagobian provided the staff presentation.
Councilmember Miranda inquired if it was necessary that the City had a representative on the Board of Directors of the Committee. City Manager Ken Striplin replied, stating that it is better to be involved as it would help the City's influence in certain matters.
Mayor Gibbs stated that the legislation specifically mentions the City in it, highlighting the importance of why the City should have representation.
Councilwoman McLean moved to nominate Mayor Gibbs for the Los Angeles County Affordable Housing Solutions Agency Board of Directors position. 7 Packet Pg. 57
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
RESULT: APPROVED [UNANIMOUS]
MOVER: Marsha McLean, Councilmember
SECONDER: Laurene Weste, Councilmember
AYES: Jason Gibbs, Marsha McLean, Bill Miranda, Laurene Weste ABSENT: Cameron Smyth
ITEM 3
COUNCIL COMMITTEE APPOINTMENTS
On an annual basis, the Mayor and City Council undertake a discussion in open session for the purpose of updating the Council Committee Appointments List.
RECOMMENDED ACTION:
City Council:
1. Review, discuss, make changes to, and approve the City Council Committee Appointments for 2023.
2. Direct the City Clerk to update the Agency Report of Public Official Appointments Form 806 based on the appointments made, delegate the City Manager as signatory on said form, and direct the City Clerk to place updated Form 806 on the City of Santa Clarita website.
Mayor Gibbs reviewed the list of Council Committee Delegates and Alternates for 2023.
After brief discussion, Council agreed to remove the Whittaker-Bermite Ad Hoc Committee, and the following changes were made to the list of appointments set forth the in the agenda materials:
Committee 2022 2023
City Selection Committee Weste/Gibbs Alt. Gibbs/Smyth Alt.
California Joint Powers
Insurance Authority
Gibbs McLean
Sanitation Districts 1st Dir. Weste/2nd Dir.
Gibbs/McLean Alt.
1st Dir. Gibbs/2nd Dir.
Weste/McLean Alt.
Budget Committee Weste/Gibbs/Smyth Alt. Gibbs/Smyth/Miranda Alt.
Community Services Grant Gibbs/McLean/Weste Alt. Weste/Smyth/Miranda Alt.
RESULT: APPROVED [UNANIMOUS]
MOVER: Laurene Weste, Councilmember
SECONDER: Bill Miranda, Councilmember
AYES: Jason Gibbs, Marsha McLean, Bill Miranda, Laurene Weste ABSENT: Cameron Smyth
7 Packet Pg. 58
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Laurene Weste, Councilmember
SECONDER: Bill Miranda, Councilmember
AYES: Jason Gibbs, Marsha McLean, Bill Miranda, Laurene Weste ABSENT: Cameron Smyth
ITEM 4
APPROVAL OF SPECIAL MEETING MINUTES – The minutes are submitted for approval.
RECOMMENDED ACTION: City Council approve the minutes of the January 10, 2023, Special Meeting.
ITEM 5
APPROVAL OF REGULAR MEETING MINUTES – The minutes are submitted for approval.
RECOMMENDED ACTION: City Council approve the minutes of the January 10, 2023, Regular Meeting.
ITEM 6
CHECK REGISTER NO. 01
Check Register No. 01 for the Period 12/02/22 through 12/15/22 and 12/22/22. Electronic Funds Transfers for the Period 12/05/22 through 12/16/22.
RECOMMENDED ACTION:
City Council approve and ratify for payment the demands presented in Check Register No. 01.
ITEM 7
FISCAL YEAR 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT AND OTHER
RELATED REPORTS
The City’s independent audit firm, The Pun Group, LLP, has completed the City's annual audit for fiscal year ending June 30, 2022. Based on the audit performed, The Pun Group, LLP, issued an unmodified "clean" audit opinion letter which reflects the best level an organization can receive on its financial statements.
RECOMMENDED ACTION:
City Council approve the Annual Comprehensive Financial Report and other related reports for fiscal year ending June 30, 2022.
Addressing the Council was Diane Zimmerman.
ITEM 8
COUNCIL POLICIES
Draft policies for City Council and Board of Library Trustees consideration are submitted for approval.
RECOMMENDED ACTION:
City Council approve the recommended revisions to the City Council policies and approve the new City of Santa Clarita Business Sponsorship Program policy. 7 Packet Pg. 59
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
Santa Clarita Board of Library Trustees approve the recommended revisions to the Santa Clarita Public Library policies.
Addressing the Council was Diane Zimmerman.
Councilwoman McLean stated she wants to be notified of any changes occurring in any art pieces that have been presented to Council before they are placed in public. City Manager Ken Striplin stated that he was not aware of any pieces changing, but, if that would occur in the future, Council would be sent a memo updating them of the change.
Councilwoman McLean also stated that the Library Ad Hoc Committee needs to meet more often than it has and would prefer quarterly or bi-annual meetings to discuss issues such as requests from visitors to remove certain books from circulation. Councilwoman McLean commented that if the committee will not meet on a regular basis, she would like to receive a report of book removal requests, and City Manager Ken Striplin agreed to send a memo to Council in those instances.
ITEM 9
LANDSCAPE MAINTENANCE CONTRACTS FOR ZONES T33, T65, AND T65A Award contracts to Stay Green, Inc., to provide recurring landscape maintenance services for Landscape Maintenance District Zone T33 (Canyon Park), Zone T65 (Fair Oaks Ranch) and Zone T65A (The Ranch at Fair Oaks).
RECOMMENDED ACTION:
City Council:
1. Award a two-year contract to Stay Green, Inc., to provide landscape maintenance services to Landscape Maintenance District Zone T-33 (Canyon Park) for an annual base amount of $35,196, plus an additional $11,212 in annual contract expenditure authority to address unforeseen maintenance and repairs, for a total two-year amount not to exceed $92,816.
2. Award a two-year contract to Stay Green, Inc., to provide landscape maintenance services to Landscape Maintenance District Zone T-65 (Fair Oaks Ranch) for an annual base amount of $67,296, plus an additional $31,928 in annual contract expenditure authority to address unforeseen maintenance and repairs, for a total two-year amount not to exceed $198,448.
3. Award a two-year contract to Stay Green, Inc., to provide landscape maintenance services to Landscape Maintenance District Zone T-65A (The Ranch at Fair Oaks) for an annual base amount of $75,708, plus an additional $31,963 in annual contract expenditure authority to address unforeseen maintenance and repairs, for a total two-year amount not to exceed $215,342.
4. Authorize ongoing appropriations from Landscape Maintenance District Fund 357 totaling $6,342, as identified in Attachment A, to support recurring landscape maintenance services expenditures associated with the recommended contract award commencing in Fiscal Year 2023-24.
7 Packet Pg. 60
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
5. Find that the award of contract is exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19 – Categorical Exemptions, Section 15301, Existing Facilities, (h) Maintenance of Existing Landscaping.
6. Authorize the City Manager or designee to execute up to three additional, one-year renewal options beginning in year three, not to exceed the annual contract amount, inclusive of as- needed expenditure authority, plus an adjustment in compensation consistent with the appropriate Consumer Price Index, upon request of the contractor, and contingent upon the appropriation of funds by the City Council in the annual budget for such fiscal year.
7. Authorize the City Manager or designee to execute all contracts and associated documents, modify the awards in the event impossibility of performance arises, and execute all documents subject to City Attorney approval.
ITEM 10
LANDSCAPE AND LIGHTING DISTRICT ANNEXATION 2023-1 (FORMER REALTY
EXECUTIVES PROPERTY - SOLEDAD CANYON ROAD AT WHITES CANYON ROAD) -
RESOLUTIONS OF INTENT AND INITIATING PROCEEDINGS
Intent and initiation of proceedings associated with Santa Clarita Streetlight Maintenance District Annexation 2023-1, for the purpose of annexing Assessor Parcel Number (APN) 2803-030-046 into Streetlight Maintenance District, Zone B.
RECOMMENDED ACTION:
City Council:
1. Adopt a resolution initiating certain designations in connection with the annexation of Assessor Parcel Number 2803-030-046 into Streetlight Maintenance District, Zone B, and to levy assessments beginning in Fiscal Year (FY) 2023-24.
2. Adopt a resolution declaring its intention to annex Assessor Parcel Number 2803-030-046 into the Santa Clarita Streetlight Maintenance District, Zone B.
3. Set a public hearing for February 14, 2023, at a time and place to hear comments on this proposed action, and close the time period to receive ballots.
Adopted Resolution No. 23-1 and Resolution No. 23-2.
7 Packet Pg. 61
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
ITEM 11
VALENCIA INDUSTRIAL CENTER BICYCLE, PEDESTRIAN AND BUS STOP IMPROVEMENTS, PROJECT C1017 - DESIGN CONTRACT
This item awards the design contract for the Valencia Industrial Center Bicycle, Pedestrian and Bus Stop Improvements project. The improvements are located along both sides of Avenue Scott from the proposed San Francisquito Trail connection to Rye Canyon Road, as well as along the west side of Rye Canyon Road from Avenue Scott to Gateway Village and along the southern side of Rye Canyon Road between Avenue Stanford and Avenue Scott.
RECOMMENDED ACTION:
City Council:
1. Award a design contract to Encompass Consultant Group, Inc. for the Valencia Industrial Center Bicycle, Pedestrian, and Bus Stop Improvements, Project C1017, in the amount of $430,461 and authorize a contingency in the amount of $43,046, for a total contract amount not to exceed $473,507.
2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.
ITEM 12
2023 COMMUNITY SERVICES AND ARTS GRANTS
Approval of the 2023 Community Services and Arts Grants program funding recommendations.
RECOMMENDED ACTION:
City Council:
1. Approve the 2023 Community Services and Arts Grants Committee’s program funding recommendations in an amount not to exceed $100,000 for Community Services Grants and $100,000 for Arts Grants, for a total not to exceed $200,000.
2. Direct staff to execute Grants Program Agreements with the agencies approved for funding.
ITEM 13
FISCAL YEAR 2022 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
PROGRAM
The City of Santa Clarita has been awarded a grant for a total of $21,982 by the United States Department of Justice, Bureau of Justice Assistance, through the Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) program. The JAG program allows state and local governments to support a broad range of activities to prevent and respond to crime, based on local needs and conditions.
RECOMMENDED ACTION:
City Council:
1. Accept Fiscal Year 2022 Edward Byrne Memorial Justice Assistance Grant funds from the U.S. Department of Justice, Bureau of Justice Assistance. 7 Packet Pg. 62
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
2. Increase estimated revenue in account 206-446123 (Justice Assistance Grant 2022) by $21,982.
3. Increase estimated expenditure in account 2066105-511101 (Special Supplies) by $21,982.
4. Authorize the City Manager, or designee, to execute all contracts and associated documents subject to City Attorney approval.
ITEM 14
FIRST READING OF AN ORDINANCE AMENDING THE SANTA CLARITA MUNICIPAL CODE TITLE 2 PERTAINING TO THE LIBRARY CODE OF CONDUCT
Introduction and first reading of an ordinance, amending Section 2.70.040 of the Santa Clarita Municipal Code, pertaining to the Santa Clarita Public Library Code of Conduct.
RECOMMENDED ACTION:
Board of Library Trustees approve the revised Library Code of Conduct and recommend codification.
City Council introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.70.040 OF THE
SANTA CLARITA MUNICIPAL CODE PERTAINING TO LIBRARY CODE OF CONDUCT,” waive reading of the text and consent to read by title only, as listed on the agenda, pass to second reading and determine the ordinance is exempt from CEQA.
Addressing the Council was Diane Zimmerman.
Councilwoman McLean expressed concern about the consequences of certain offenses such as visitors bringing weapons into the library. City Librarian Shannon Vonnegut replied, stating someone bringing in weapons would be a matter for law enforcement. Councilmember Weste added that she is not willing to put any library or City Staff in danger, as they are not prepared to handle such situations.
City Attorney Joseph Montes stated the Council could change the severity of the library suspensions based on the type of offenses being committed, but in the case of contraband there would need to be more information in the policies detailing what type weapons would lead to the length of a suspension.
After discussion, and upon City Attorney Montes' recommendation, Council passed to second reading, understanding that the language could be further updated at a later time.
7 Packet Pg. 63
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
ITEM 15
CONTRACT FOR OLD ORCHARD PARK DESIGN, PROJECT P2020
Design of park improvements, updates, and phasing plan for Old Orchard Park.
RECOMMENDED ACTION:
City Council:
1. Award the design contract to Pacific Coast Land Design, Inc., for the Old Orchard Park Design, Project P2020, in the amount of $279,824 and authorize a contingency in the amount of $20,176 for a total contract amount not to exceed $300,000.
2. Authorize the City Manager or des ignee to execute all documents, subject to City Attorney approval.
PUBLIC PARTICIPATION II
No additional requests to speak were received.
ADJOURNMENT
Mayor Gibbs adjourned the Regular Meeting in memory of Cheryl Campbell at 8:06 p.m. ______________________________________
MAYOR
ATTEST:
______________________________________
CITY CLERK
7 Packet Pg. 64
Minutes Acceptance: Minutes of Jan 24, 2023 6:00 PM (Consent Calendar)
Agenda Item: 8
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: CHECK REGISTER NO. 02
DEPARTMENT: Administrative Services
PRESENTER: Brittany Houston
RECOMMENDED ACTION
City Council approve and ratify for payment the demands presented in Check Register No. 02.
BACKGROUND
Check Register No. 02 for the Period 12/16/22 through 12/29/22 and 01/05/23 in the aggregate amount of $6,150,840.43 inclusive of Electronic Funds Transfers for the Period 12/19/22 through 12/30/22 in the aggregate amount of $996,288.81.
FISCAL IMPACT
No Fiscal Impact.
ATTACHMENTS
Memo - Check Register No. 02
Check Register No. 02 (available in the City Clerk's Reading File) 8 Packet Pg. 65
8.a
Packet Pg. 66
Attachment: Memo - Check Register No. 02 (Check Register No. 02)
8.a
Packet Pg. 67
Attachment: Memo - Check Register No. 02 (Check Register No. 02)
8.a
Packet Pg. 68
Attachment: Memo - Check Register No. 02 (Check Register No. 02)
Agenda Item: 9
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: SECOND READING OF AN ORDINANCE AMENDING THE SANTA CLARITA MUNICIPAL CODE TITLE 2 PERTAINING TO LIBRARY
CODE OF CONDUCT
DEPARTMENT: Human Resources and Library Services
PRESENTER: Shannon Vonnegut
RECOMMENDED ACTION
City Council waive reading of the text and consent to read by title only, as listed on the agenda, and adopt an ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING TITLE 2 OF THE SANTA CLARITA MUNICIPAL CODE PERTAINING TO LIBRARY CODE OF CONDUCT.”
BACKGROUND
At the regular meeting of January 24, 2023, the City Council introduced and passed to second reading an ordinance pertaining to Chapter 2.70.040 of the Santa Clarita Municipal Code (Municipal Code), addressing the Santa Clarita Public Library’s (Library) Code of Conduct. The intent of the Code of Conduct is to provide a safe and appropriate environment within the Library that allows all patrons to use Library services and resources, and to foster an atmosphere of mutual respect and courtesy for all patrons, volunteers, and staff in the Library.
The current Library Code of Conduct was last revised in 2017; however, it is recommended that additional revisions be included to ensure that the Library can remain a peaceful, quiet, and orderly environment. The three proposed revisions are summarized below. • The first revision updates the definitions of the “children’s area” and the “teens area” of the Library. These definitions are important designations, needed to limit the presence of unaccompanied adults in areas of the Library that are specifically geared toward minor patrons.
• The second revision will be adding language under the Criminal Conduct section that states the sale, distribution, or exhibition of obscene materials in a Library is a punishable 9 Packet Pg. 69
crime.
• The third revision will state that the open display of obscene images is not allowed at the Library.
The Municipal Code outlines circumstances in which a Library patron could have their Library privileges suspended. The Municipal Code currently ties a suspension period to the number of violations a patron committed, without regard for the severity of the violation. For example, an individual who displays loud or disruptive behavior in the Library can be subject to having their Library privileges suspended for a week. This same one-week suspension also applies to someone who possesses weapons on Library premises. In order to clarify and establish specific suspension consequences, basing suspension upon the nature of the prohibited conduct, staff recommends amending the Municipal Code as outlined in the attached ordinance.
The proposed revisions to the Library’s Code of Conduct would promote enhanced public safety and address the escalation of incidents by allowing the Library to temporarily ban individuals, based on the nature of their prohibited conduct. An updated Code of Conduct will assist staff, volunteers, and patrons in promoting safe, health and barrier-free access to all the resources and programs the Santa Clarita Public Library has to offer, and better address incidents as they arise.
CEQA REVIEW
City staff recommends that the City Council determine that the project is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, sections 15060(c)(2), 15060(c)(3), 15378, 15061(b)(3) and 15321 as more particularly described in Section 2 of the attached ordinance.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
None by this action.
ATTACHMENTS
Library Code of Conduct Amendment Ordinance
Red-Line Code of Conduct (available in the City Clerk's Reading File) 9 Packet Pg. 70
ORDINANCE NO. 23-_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING SECTION 2.70.040 TO THE SANTA CLARITA
MUNICIPAL CODE PERTAINING TO LIBRARY CODE OF CONDUCT
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DOES ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS.
A. Pursuant to Chapter 2.70 of the Santa Clarita Municipal Code (SCMC), the City of Santa Clarita (City) has established the Santa Clarita Public Library (Library) and may appoint a Board of Library Trustees (Board) to manage the Library.
B. The Board has established a Library Code of Conduct, which outlines a person’s privilege to use Library services and resources in a manner that does not unreasonably interfere with the rights of other persons to use such services and resources, and further a peaceful, quiet, and orderly environment to learn.
C. In 2019, there were at least 119 incidents reported at Library branch locations. These incidents resulted in calls to local law enforcement and arrests for grand theft, annoyance of minors, and other disruptive behaviors. This number of incidents was not out of line with previous years since the City took over the library system.
D. To ensure that all persons may use the Library’s services and resources without unreasonable interference or disruption, the Board and the City Council wish to incorporate the regulations outlined in the Library Code of Conduct into the Municipal Code so the City may more effectively enforce compliance with Library policies that further peaceful, quiet, and orderly environment to learn.
SECTION 2. ENVIRONMENTAL FINDINGS. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections: 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378);15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment; and 15321, because the ordinance addresses law enforcement activities. Because there is no possibility that this ordinance may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA.
SECTION 3. AMENDED SECTIONS. Amendment of Section 2.70.040. Sections
2.70.040(c)(13) and 270.040(d)(25) are added to Section 270.040 of Chapter 2.70 of the Municipal Code, and Section 2.70.040(g) of Chapter 2.70 of the Municipal Code is amended, as set forth in the attached Exhibit A.
9.a
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from its passage and adoption.
SECTION 6. PUBLICATION. City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this 14th day of February, 2023.
______________________________
MAYOR
ATTEST:
CITY CLERK
DATE:________________________
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 23-______ was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of January, 2023. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 14th day of February 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 23-___ and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
______________________________
CITY CLERK
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
EXHIBIT A
2.70.040 Library Code of Conduct.
A. Purpose. Section 2.70.040 establishes a Code of Conduct expected of persons using the Santa Clarita Public Library (Library) and the processes to address violations of this Code of Conduct. The purposes for the Code of Conduct are to ensure that all persons have the ability to use Library services and resources, to ensure that Library staff may efficiently provide library services and resources, to prevent disruption to such library services and resources, and to further a peaceful, quiet, and orderly environment in which to learn.
B. Definitions.
“Children’s area” means the areas of the Library specifically designated as such by the Library to provide library services and resources that meets the needs of pre-teen and younger library users.
“Teens’ area” means the areas of the Library specifically designated as such by the Library to provide library services and resources that meets the needs of young-adult and teen library users under age 18.
“Code” means the Santa Clarita Municipal Code.
“Crime” has the same definition as Penal Code § 15. A violation of Section 2.70.040 is a misdemeanor crime under Government Code § 36900.
“Enforcement officer” means the City Manager, or the City Manager’s designee. The City Manager's designees include, without limitation: the Library Director and Library Branch Managers, the Police Chief and Police Officers, and the City’s Code Enforcement Supervisor and Code Enforcement Officers.
“Library” means the all of the Santa Clarita Public Library branch locations, including but not limited to their collection areas, meeting rooms, and stores.
“Library premises” means the Library, and Library grounds and parking facilities to the extent that the grounds or parking facilities are owned, controlled, or maintained by the City.
“Library privileges” means the privilege of entering onto Library premises and utilizing any services or resources of the Santa Clarita Public Library.
“Service Animal” means a dog that has been individually trained to do work or perform tasks for an individual with a disability, as defined under the Americans with Disabilities Act.
“Shoe” means an item with a sole worn on the human foot.
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“Smoke” or “smoking” has the same definition contained in Section 9.50.020 of this Code.
“Wheeled conveyances” means any wheeled device used for conveyance or transportation, including bicycles, skates, skateboards, collapsible scooters, wheelies, and hover boards. This does not include medically required equipment, or wheelchairs or strollers carrying people who cannot use the Library facilities without the assistance of such devices.
C. Criminal Conduct. A person may not commit or attempt to commit any crime punishable under state or federal law or this Code on Library premises, including, but not limited to:
1. Assault or battery, as defined in Penal Code §§ 240 and 242.
2. Theft, as defined in Penal Code § 484.
3. Obstructing or intimidating business operators, public agencies, or customers, as defined in Penal Code § 602.1.
4. Vandalism, as defined in Penal Code § 594.
5. Indecent exposure or lewd or obscene conduct, as defined in Penal Code § 314.
6. Possession of designated controlled substances, as defined in Health and Safety Code §§ 11350 and 11351.
7. Disorderly conduct, as defined in Penal Code § 647.
8. Trespass, as defined in Penal Code §§ 602 and 634.
9. Smoking or using tobacco products, as defined in Section 9.50.030 of this Code.
10. Curfew violations, as defined in Chapter 11.56 of this Code.
11. Consumption of alcohol in a public place, as defined in Chapter 11.18 of this Code.
12. Aggressive solicitation, as defined in Chapter 11.35 of this Code.
13. Sale, distribution, or exhibition of obscene matter, as defined in Penal Code §§ 311 and 311.5.
D. Rules of Conduct. The following behaviors are disruptive and do not further a peaceful, quiet, and orderly environment to learn. In addition to the criminal conduct listed in 2.70.040(C), no person may engage in any of the following activities or behaviors while on Library premises:
1. Loud or disruptive behavior, including yelling, talking loudly, running, throwing objects, abusive or threatening language, or other behavior which disturbs the quiet environment of the Library.
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2. Use of profane, obscene, imminently threatening, or violent language toward Library staff or other persons.
3. Harassment of or the making of unwanted verbal or physical advances toward Library staff or persons on Library premises.
4. Possession of any unlawful or illegal substance on Library premises.
5. Use of personal equipment in the Library (such as cellular phones and audio players) in a manner that is disruptive, noisy, or unsafe. Personal equipment or electronic devices must be muted and made inaudible to other persons while in the Library. Cell phones must be set to mute or vibrate.
6. Possession of any beverage in the Library without a spill-proof lid.
7. Consumption of any food or beverages in a non-designated location within the Library.
8. Bringing, possessing, or maintaining on the Library premises any garbage or item that emits a foul odor that disturbs other Library users or staff.
9. Bringing or using any shopping carts or other wheeled conveyances within the Library, on entryways or walkways, in a manner that blocks any passageway on Library premises.
10. Smoking or use of any tobacco products in the library or within 20 feet of entrances to the Library.
11. Consumption or possession of alcoholic beverages on Library premises, unless otherwise approved by the City as part of a special event.
12. Leaving backpacks, suitcases, or other large items unattended in the Library (other than leaving them at a study carrel while researching the collection for materials), or keeping those items with one in a manner that obstructs entrances, exits, aisles or passageways, or otherwise impedes access to Library resources and services.
13. Bringing animals, other than Service Animals there solely to assist a person with disabilities with tasks directly related to that person’s disability, into Library branch locations, including but not limited to their collection areas, meeting rooms, and stores.
14. Use of Library facilities for the purpose of sleeping, bathing, shaving, washing clothes, or other similar activities.
15. Entering the Library or remaining in Library branch locations, including, but not
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
limited to, their collection areas, meeting rooms, and stores, without wearing shoes, clothes that cover the upper torso area, or clothes that cover the lower torso area.
16. Soliciting, panhandling, selling products without written authorization from Library staff, or otherwise conducting business (including tutoring for a fee) within the Library.
17. By a person 18 years of age or older, and in the absence of accompanying children or the permission of Library staff, use or occupancy of the children’s or teens’ areas of the Library; these areas are specifically designed to meet the needs of young Library users and must remain open to those users and the adults accompanying them.
18. Moving Library equipment or furniture without Library staff knowledge or permission.
19. Tampering with Library equipment such as computers, rental equipment, photocopy machines, elevators.
20. Carrying or possessing on Library premises weapons such as guns, chains, clubs, and knives.
21. Making unauthorized entry into any "staff only" area in the Library premises.
22. Refusing to relinquish computer equipment or other Library resources after scheduled time period for use has expired.
23. Causing overcrowding in Library seating areas by sitting more than four persons to a table, two persons to a computer workstation, or one person to a carrel or chair.
24. Failure to leave the Library at closing time.
25. Open display of obscene and/or pornographic imagery.
E. Supervision of Minors.
1. No person under the age of 11 years of age may enter, use, or remain on Library premises without being accompanied by a person 13 years of age or older.
2. Any person 13 years of age or older, who brings a child under the age of 11 years of age into the Library, must supervise and accompany that child at all times.
F. Enforcement.
1. Any enforcement officer may enforce against any violation of the rules of conduct contained in Section 2.70.040.
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
2. A violation of Section 2.70.040 is punishable as a misdemeanor.
3. In the alternative, an enforcement officer may enforce against any violation of Section 2.70.040 by issuing notices of violation or administrative citations. The enforcement officer may issue a notice of violation or an administrative citation to a person in violation of the rules of conduct in accordance with Chapter 23.20 of this Code. The enforcement officer may order the removal of any person from the library for any violation of the rules of conduct concurrently with the issuance of an administrative citation. Any person removed pursuant to such an order may not re- enter onto Library premises for the remainder of the business day. Any person who re-enters the Library premises after such removal will be considered a trespasser.
G. Suspension of Library Privileges. In addition to any other punishment provided for at law, any person who commits or attempts to commit a crime or violates one or more of the rules of conduct set forth in this section while on Library premises may have their Library privileges suspended. A person whose Library privileges have been suspended may not enter onto Library premises or use the services of the Santa Clarita Public Library during the term of their suspension. A written notice of suspension of Library privileges will be issued to the person.
The following table governs the length of suspension of Library privileges based upon the nature of the prohibited conduct. The numbers represent the initial and any repeated occurrence of a violation and shows the corresponding penalty.
Any additional violation(s) beyond the highest incident number stated on the table below will result in the same highest prohibition noted. For example, body odor is subject to a warning for the first incident and a one-day suspension for the second. For every violation after the second, the penalty will also be a one-day suspension. The same applies to more serious offenses. For example, the fourth incident of vandalism and every incident of vandalism thereafter will result in a one-day suspension of Library privileges.
Conduct and Code Section. See
Code Sections above for full
definition
Warning
Issued 1 Day
1 Month
3 Month
6 Month 1 Year
Alcohol
C11, D11 1 2 3 4
Animals in the building
D13 1 2
Assault or battery
C1 1
Odor
D8 1 2
Unattended minors
E2, E3 1 2
Clothing and footwear
D15 1 2
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
Conduct and Code Section. See
Code Sections above for full
definition
Warning
Issued 1 Day
1 Month
3 Month
6 Month 1 Year
Theft of Library materials or
equipment
C2 1
Vandalism
C4 1 2 3 4
Indecent exposure, lewd or obscene
conduct
C5 1
Possession of controlled substance
C6 1
Solicitation/conducting business/sales
C14, D16 1 2 3 4
Loud or disruptive behavior
D1 1 2 3 4
Unwanted verbal or physical advances
D3, C4 1 2 3 4
Profane, obscene, violent, threatening
language
D2 1 2 3 4
Disruptive use of personal electronic
equipment
D5 1 2 3 4
Food and beverages
D6, D7 1 2 3 4
Wheeled conveyance blocking
walkways
D9 1 2 3 4
Smoking
C9, D10 1 2 3
Unattended items
D12 1 2
Use of facilities for sleeping, bathing,
washing clothes
D14 1 2
Unauthorized adults in the children or
teen area
D17 1 2 3
Tampering with or misuse of Library
equipment
D19 1 2 3
Weapons
D20 1 2 3
Moving Furniture/Equipment 1 2 3 4
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
Conduct and Code Section. See
Code Sections above for full
definition
Warning
Issued 1 Day
1 Month
3 Month
6 Month 1 Year
D18, D23
Unauthorized entry
D21 1 2 3 4
Obstructing operations
C3 1 2 3 4
Failure to leave building at closing
C24 1 2 3 4
Showing visually explicit materials
C13, D25 1 2 3 4
H. Fines. The City Council may set by resolution the fines to be assessed for violations of the rules of conduct. If no amount is specified by resolution of the City Council, the fines set forth in Section 23.20.060 of this Code may apply.
I. Appeals. A person may appeal an administrative citation or suspension of Library privilege in accordance with the administrative hearing procedures outlined in Chapter 23.20 of this Code.
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Attachment: Library Code of Conduct Amendment Ordinance (SECOND READING OF AN ORDINANCE PERTAINING TO LIBRARY CODE OF
Agenda Item: 10
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: 2022-23 ANNUAL CONCRETE REHABILITATION PROGRAM, PROJECT M0148 AND 2022-23 ADA ACCESS RAMPS, PROJECT
D0003 - PLANS AND SPECIFICATIONS AND CONSTRUCTION
CONTRACT
DEPARTMENT: Public Works
PRESENTER: Cruz Caldera
RECOMMENDED ACTION
City Council:
1. Approve the plans and specifications for the 2022-23 Concrete Rehabilitation Program, Project M0148, and 2022-23 ADA Access Ramps, Project D0003.
2. Award the construction contract to Toro Enterprises, Inc., in the amount of $643,160 and authorize a contingency of $10,000 for the total contract amount of $653,160.
3. Authorize the transfer of project savings in the amount of $100,000 to 2022-23 Concrete Rehabilitation Program expenditure account M0148233-516101 from the following accounts:
• $38,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account T3027233- 516101, Sidewalk Gap Closure;
• $37,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account M0147233-516101, 21-22 Thermoplastic Lane Striping; and • $25,000 in TDA Article 8 Street & Road (Fund 233) from expenditure account C0064233- 516101, 20-21 Circulation Improvement Program.
4. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.
BACKGROUND
The Annual Concrete Rehabilitation Program consists of two efforts awarded under one contract to make the most efficient use of available funding. The sidewalk repair program will replace existing sidewalks damaged by tree roots and pavement settlement. The access ramp 10 Packet Pg. 81
construction program will serve people with disabilities through the installation of new access ramps while meeting the requirements outlined in Title 21 of the Americans with Disabilities Act.
Attached is a list of construction locations identified during the annual Citywide sidewalk inspection and locations submitted by residents. This project is a component of the Sustaining Public Infrastructure theme of the City of Santa Clarita's (City) five-year strategic plan, Santa Clarita 2025.
Substantial constraints and controls were established in the construction documents to reduce potential impacts on traffic and to homeowners during construction. Construction is scheduled to begin in April 2023 and is anticipated to be completed within 55 working days following the Notice to Proceed.
An invitation to bid was published on December 8, 2022, and posted on BidNet. Three responsive bids were submitted electronically to the City and opened by Purchasing on January 4, 2023. The results are shown below:
Company Name Location Base Bid Amount
Toro Enterprises, Inc. Oxnard, CA $643,159.13 FS Contractors, Inc. Sylmar, CA $663,957.35 R.C. Becker and Son Inc. Santa Clarita, CA $739,910.65
Due to the volatile bidding environment and high construction activity throughout Southern California, the City continues to receive fewer bids on projects at a higher cost. The lowest base bid amount for this project is higher than the engineer's estimate, as a result of significant increases in cost for labor and materials. The requested project savings transfer of $100,000 will provide the funds needed to address the budget shortfall.
Staff recommends the contract be awarded to Toro Enterprises, Inc., the lowest responsive bidder. This contractor possesses a valid state contractor's license and is in good standing with the Contractors State License Board. The contractor's bid was reviewed for accuracy and conformance to the contract documents and found to be complete.
The requested construction contingency will cover the costs of unforeseen site conditions, change order requests made by the contractor, and change orders for additional work ordered by the City. The remaining funds will provide for construction support such as surveying, tree maintenance, project management, labor compliance, and miscellaneous administrative costs.
FISCAL IMPACT
Upon approval of the recommended actions, a total of $700,000 will be available in expenditure accounts M0148264-516101 (Measure R Fund), M0148233-516101 (TDA 8 Fund), and D0003233-516101 (TDA 8 Fund) to support the recommended contract and project administrative costs.
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ATTACHMENTS
Locations List
Bid Proposal Toro Enterprises, Inc. (available in the City Clerk's Reading File) 10 Packet Pg. 83
# ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET NAME 1 30380 Abelia Rd 23 15540 Carrousel Drive 45 28003 EagleCrest Ave 2 29936 Abelia Rd 24 18946 Cedar Valley Way 46 28017 EagleCrest Ave 3 15808 Ada Street 25 19643 Cedarcreek Street 47 28220 Enderly Street 4 20300 Adriana Pl 26 19329 Cedarcreek Street 48 19543 Ermine Street 5 19875 Aldbury Street 27 21508 Centre Pointe Parkway 49 20132 Ermine Street 6 15707 Alia Court 28 14803 Daisy Meadow Street 50 20203 Ermine Street 7 28212 Bakerton Avenue 29 28031 Deep Creek Drive 51 20211 Ermine Street 8 28223 Bakerton Avenue 30 19415 Delight Street 52 20329 Ermine Street 9 28165 Bakerton Avenue 31 18504 Delight Street 53 28041 Ermine Street 10 28157 Bakerton Avenue 32 18504 Delight Street 54 27508 Eveningshade Avenue 11 27863 Bakerton Avenue 33 19331 Delight Street 55 18603 Fairweather Street 12 18760 Banbury Street 34 19328 Delight Street 56 19601 Fairweather Street 13 18948 Basel Street 35 19328 Delight Street 57 28353 Falcon Crest Drive 14 18935 Basel Street 36 19025 Delight Street 58 28982 Flowerpark Drive 15 27939 Bernina Avenue 37 18914 Delight Street 59 29011 Flowerpark Drive 16 17474 Blue Aspen Lane 38 27401 Dolton Drive 60 19364 Four Oaks 17 Bouquet Canyon Road 39 20356 Dorothy Street 61 19548 Four Oaks Street 18 15633 Burt Court 40 20356 Dorothy Street 62 29207 Foxlane Drive 19 14644 Camelia Hill Way 41 20156 Drasin Drive 63 28189 Foxlane Drive 20 27990 Camp Plenty Road 42 20150 Drasin Drive 64 27731 Foxlane Drive 21 27851 Camp Plenty Road 43 20144 Drasin Drive 65 26444 Friendly Valley Pkwy 22 26415 Carl Boyer Dr 44 20137 Drasin Drive 66 29439 Gary Drive Canyon Country
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Attachment: Locations List (2022-23 CONCRETE REHABILITATION PROGRAM) # ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET NAME 67 19646 Goodvale Road 89 28009 Lost Springs Road 111 19819 Pandy Court 68 19566 Green Mountain Dr 90 27861 Lost Springs Road 112 27701 Pine Hills Avenue 69 28427 Hawks Ridge Drive 91 27828 Lost Springs Road 113 19115 Pleasantdale Street 70 28108 Haxton Drive 92 27900 Lost Springs Road 114 17515 Poplar Point Lane 71 28102 Haxton Drive 93 29165 Lotusgarden Drive 115 29355 Poppy Meadow St 72 17744 Hillsboro Place 94 18652 Mandan Street 116 26441 Ridge Vale Drive 73 20322 Huffy Street 95 29202 Marilyn Drive 117 18011 River Circle #3 74 27003 Karns Court 96 28016 Meadowcreek Rd 118 27383 Rose Mallow Lane 75 20234 Keaton Street 97 28015 Meadowcreek Rd 119 15844 Rosehaven Lane 76 20143 Keaton Street 98 29332 Melia Way 120 28111 Sand Canyon Road 77 19842 Keaton Street 99 26445 Misty Ridge Place 121 Sandy Drive 78 20171 Keaton Street 100 17225 Mount Stephen Avenue 122 17740 Scherzinger Lane 79 20179 Keaton Street 101 18727 Nadal Street 123 29307 Sequoia Road 80 20162 Keaton Street 102 19015 Nearbrook Street 124 17829 Silverstream Drive 81 19841 Keaton Street 103 19230 Nearbrook Street 125 29208 Snapdragon Place 82 19837 Keaton Street 104 19335 Newhouse Street 126 29248 Snapdragon Place 83 19825 Keaton Street 105 27825 Northbrook Ave 127 19340 Soledad Canyon Rd. 84 19814 Keaton Street 106 26118 Oakflat Court 128 18591 Soledad Canyon Rd. 85 27201 Lakehurst Avenue 107 18514 Oceana Court 129 20625 Soledad Canyon Rd. 86 28230 Langside Ave 108 29923 Orchid Cove Dr 130 Soledad Canyon Road 87 28661 Linda Vista Street 109 26728 Pamela Drive 131 Soledad Canyon Road 88 26702 Linnet Court 110 19813 Pandy Court 132 22931 Soledad Canyon Road
CANYON COUNTRY
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Attachment: Locations List (2022-23 CONCRETE REHABILITATION PROGRAM) # ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET NAME 133 22931 Soledad Canyon Road 155 19027 Vicci Street
134 26308 Spirit Court 156 27218 Walnut Springs Avenue
135 19614 Steinway Street 157 27453 Walnut Springs Avenue 136 19538 Steinway Street 158 19143 Wellhaven Street
137 19539 Steinway Street 159 18714 Wellhaven Street
138 19109 Stillmore Street 160 19137 Wellhaven Street
139 19054 Stillmore Street 161 26414 Whispering Leaves
140 18907 Stillmore Street 162 Whites Canyon Road
141 18857 Stone Canyon Lane 163 27222 Whites Canyon Road 142 28111 Tambora Drive 164 17857 Wildridge Lane
143 28132 Tambora Drive 165 28303 Winterdale Drive
144 19933 Terri Drive 166 28415 Winterdale Drive
145 15982 Thompson Ranch Drive 167 19334 Cedarcreek Street 146 Via Princessa 168 19404 Delight Street
147 Via Princessa 169 19403 Delight Street
148 Via Princessa
149 Via Princessa
150 Via Princessa
151 Via Princessa
152 19015 Vicci Street
153 19052 Vicci Street
154 18846 Vicci Street
CANYON COUNTRY
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Attachment: Locations List (2022-23 CONCRETE REHABILITATION PROGRAM) # ADDRESS STREET NAME # ADDRESS STREET NAME # ADDRESS STREET NAME 170 16843 La Veda Ave
171 27805 Medowcreek
172 22207 3rd Street
173 25119 Atwood Boulevard
174 24743 Heritage Lane
175 Jason Dr
176 24180 Lyons Avenue
177 20425 Newhall Avenue
178 18334 Oak Canyon Road
179 24747 Valley Street
180 23644 White Oak Ct
NEWHALL
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Attachment: Locations List (2022-23 CONCRETE REHABILITATION PROGRAM) # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME 181 22142 Alamogordo Rd 203 28105 Meadbury Drive 225 28054 Devon Lane 182 22032 Alamogordo Rd 204 22016 Nancy Place 226 28159 Oaklar Drive 183 22333 Barbacoa Drive 205 28224 Oaklar Drive
184 26900 Barbacoa Place 206 28159 Oaklar Drive
185 21570 Birch Canyon Way 207 20063 Oakside Ct
186 26960 Bouquet Canyon Rd 208 22660 Pamplico Drive
187 Bouquet Canyon Road 209 22560 Pearson Court
188 27777 Bouquet Canyon Road 210 19920 Rhona Place
189 20907 Canterwood Drive 211 27839 Ron Ridge Drive
190 21865 Copper Hill Dr 212 21436 Rosedell Drive
191 22034 Crestline Trail 213 22573 Seaver Court
192 21862 Deena Place 214 27544 Seco Canyon Road
193 21759 Don Gee Court 215 23421 Shadwell Court
194 27547 Elder View Drive 216 19407 Sidani Lane
195 28821 Garnet Canyon Drive 217 28839 Startree Lane
196 27268 Garza Drive 218 28244 Stonington
197 21622 Glen Canyon Place 219 21913 Theodore Court
198 27954 Harwood Drive 220 28215 Truman Court
199 28440 Haskell Canyon Rd 221 21956 Wakefield court
200 28653 Kathleen Avenue 222 28907 Woodside Dr
201 27648 Kristin Lane 223 28911 Woodside Dr
202 27651 Kristin Lane 224 28131 Bobwhite Circle
SAUGUS
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Attachment: Locations List (2022-23 CONCRETE REHABILITATION PROGRAM) # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME # ADDRESS SRTEET NAME 227 23201 Avenida Velarte 249 25010 Plaza Larios
228 23800 Bayview Court 251 23426 Riversbridge Way
229 27902 Beechnut Cir 252 24625 Saint Denis Court
230 23869 Bennington Drive 253 25916 Sandalia Drive
231 27549 Berkshire Hills Place 254 26085 Tourelle Place 232 27498 Bridgewater Drive 255 27420 Tourney Road
233 24610 Cordera Court 256 23002 Tupelo Ridge Drive
234 27002 Edgewater Lane 257 23714 Via Beguine
235 25879 Fenda Way 258 23950 Via Flamenco
236 23912 Gilford Place 259 25546 Via Heraldo
237 23335 Gleneagle Court 260 23686 Via Lupona
238 24452 Hampton drive 261 27402 Waynesborough Lane
239 17724 Hillsboro Place 262 23515 Windrose Place
240 Hillsborough Pkwy 263 25170 Anza Drive
241 24553 Lorikeet Lane 264 Newhall Ranch Road
242 23402 Magic Mntn Prwky #1304 265 23231 Via Calisero 243 26031 Manzano Court 250 Rio Norte Drive
244 26459 Marsala Drive
245 26459 Marsala Drive
246 24155 Newhall Ranch Road
247 25908 Palomita Drive
248 26220 Paolino Place
VALENCIA
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Attachment: Locations List (2022-23 CONCRETE REHABILITATION PROGRAM)
Agenda Item: 11
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: February 14, 2023
SUBJECT: MAGIC MOUNTAIN PARKWAY BEAUTIFICATION, PROJECT B1019 - DESIGN CONTRACT
DEPARTMENT: Public Works
PRESENTER: Shannon Pickett
RECOMMENDED ACTION
City Council:
1. Award a design contract to Encompass Consultant Group, Inc., for the Magic Mountain Parkway Beautification, Project B1019, in the amount of $625,979 and authorize a contingency in the amount of $62,597, for a total contract amount not to exceed $688,576.
2. Authorize the City Manager or designee to execute all documents, subject to City Attorney approval.
BACKGROUND
The proposed Magic Mountain Parkway Beautification project will provide full street improvements on the undeveloped segment of Magic Mountain Parkway from Tourney Road to Avignon Drive. The design of this project will generate two separate phases of construction documents. Phase I is proposed to include the landscaped median along the length of the project, edge curb and gutter, and overlay of the six-lane roadway. Phase II will include sidewalks, parkway landscape and irrigation, a Class 1 Bike Lane, lodge pole fencing, signal installation at Iron Horse, and street lighting. This project exemplifies the City of Santa Clarita’s (City) commitment to improving the quality of life of its residents and supports the Community Beautification and Sustainability theme of the Santa Clarita 2025 plan.
The scope of work for this design contract includes the required civil and traffic engineering along with the landscape design services required to prepare two phases of construction documents for this segment of roadway. These documents will consist of complete plans, specifications, and engineer’s estimates for both phases of construction. Bid assistance will also be provided to support the solicitation for a construction contract. 11 Packet Pg. 90
A Request for Proposal (RFP) for the design of the project was prepared and posted on BidNet on November 2, 2022. The RFP asked firms to identify their relevant experience with similar projects and demonstrate their design approach for this project. On December 6, 2022, three firms submitted proposals. Staff reviewed the proposals and, based on their evaluations, scored the firms on a 100-point scale as follows:
Rank Company Location Score
1. Encompass Consultant Group, Inc. Santa Clarita, CA 94
2. MNS Engineers, Inc. Thousand Oaks, CA 91
3. GHD, Inc. Los Angeles, CA 81
The scoring system was based on the following criteria: responsiveness to the RFP, qualifications and design experience, proposed methodology, ability to meet the scope of work, project approach, and references. Additionally, the consulting firms were asked to provide a detailed schedule and scope of work required for them to prepare the plans, specifications, and an engineer’s estimate.
Encompass Consultant Group, Inc., (Encompass) demonstrated an in-depth understanding of the project needs and provided a detailed scope of work and approach to the project. Encompass analyzed the project location and identified key design factors that will need to be addressed in the design. Based on their design experience with similar projects, and the completeness of their proposal for this project, staff recommends awarding the design contract to Encompass.
The requested contingency will cover the costs of unforeseen design constraints and account for potential design modifications requested by the City, and other permitting agencies, during the design of the project. This includes potential adjustments to the civil and traffic drawings, change order requests made by the design firm, and change orders for additional work requested by the City.
California Government Code 4526 prescribes selection of architectural and engineering services to be based on demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required and does not authorize the selection of professional architect and engineering services based on cost. City staff was able to reach an agreement with Encompass Consultant Group, Inc. at a fair and reasonable price.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
Adequate funds are available in expenditure account B1019357-516101 (Landscape Maintenance District Fund) to support the recommended contract and project administrative costs.
11 Packet Pg. 91
ATTACHMENTS
Location Map
Proposal for Encompass Consultant Group, Inc. (available in the City Clerk's Reading File) 11 Packet Pg. 92
11.a
Packet Pg. 93
Attachment: Location Map (MAGIC MOUNTAIN PARKWAY BEAUTIFICATION - AWARD DESIGN