CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

 

 

Mayor Larry Lavagnino

Mayor Pro Tem Alice Patino

Councilmember Bob Orach

Councilmember Leo Trujillo

Councilmember Hilda Zacarias

 

 

City Manager Tim Ness

City Attorney Gil Trujillo

City Clerk Patti Rodriguez

Chief Deputy City Clerk Patricia Perez

Ex-Officio Clerk of the City Council

 

 

REGULAR MEETING

DECEMBER 19, 2006

6:30 P.M.

 

 

This agenda is prepared and posted pursuant to Government Code Section 54954.2.  By listing a topic on this agenda, the City Council has expressed its intent to discuss and act on each item.  In addition to any action identified in the summary description of each item, the action that may be taken by the City Council shall include:  a referral to staff with specific requests for information; continuance; specific direction to staff concerning the policy or mission of the item; discontinuance of consideration; authorization to enter into negotiations and execute agreements pertaining to the item; adoption or approval; and disapproval.  Items not on the agenda may not be discussed or acted upon except under emergency circumstances.  (Government Code Section 54954.2).

 

Copies of the staff reports or other documentation relating to each item of business referred to on the agenda are on file in the Office of the City Clerk, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting.  If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability.  The City Clerk will answer any questions regarding the agenda.

 

The City of Santa Maria welcomes orderly participation at its meetings from all members of the public.  Orderly participation means speaking only on items of City business or on subjects within the City’s control.  Though the City Council wants to hear your concerns and values your input, it is inappropriate to defame, yell, or use profane language.  All cellular telephones and pagers are to be turned off or set to vibrate, and signs are not to be displayed in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting.  Pursuant to Government Code Section 36813, the Mayor is authorized to prohibit such conduct, up to and including ordering anyone that disrupts the meeting to be removed from the City Council Chambers.

 

Participation includes assistance under the Americans with Disabilities Act to provide an equally effective opportunity for individuals with a disability to participate in and benefit from City activities. To request assistance, please call 925-0951, extension 307. For TDD (Telecommunications Devices for the Deaf) call (800) 735-2929.  The City has equipment available for the hearing impaired and for Spanish-only speaking persons who wish to participate.  In order for the City to make reasonable accommodation arrangements for the meeting, notification is required at least by the Friday before the meeting.  Para que con anticipación la ciudad pueda obtener los servicios de un traductor durante la junta del Concilio para personas que deseen participar en la junta pero que solamente hablan Español, favor de notificar a la Oficina del Municipio (City Clerk’s) al número 925-0951, ext. 306 el Viernes antes de la junta.


 

 

INVOCATION:

 

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

 

CALL TO ORDER:              Mayor Lavagnino

 

ROLL CALL:                        Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

 

 

1.      CEREMONIAL ITEMS/PROCLAMATIONS/PRESENTATIONS:

 

A.     CERTIFICATE OF CANVASS OF GENERAL MUNICIPAL ELECTION.  The City Council will adopt a resolution accepting the County Clerk’s Canvass of the General Municipal Election held on November 7, 2006, and stating the facts of the election.

 

1.      Staff report to be made.  (Chief Deputy City Clerk)

 

2.      Resolution No. 2006-202 to be adopted accepting the County Clerk’s Canvass of the General Municipal Election held on November 7, 2006, and stating the facts of the election.

 

ROLL CALL:      Councilmembers Mariscal, Orach, Patino, Trujillo, and Mayor Lavagnino

 

B.    SWEARING IN OF NEWLY ELECTED OFFICERS.

 

1.      City Clerk  will administer the oath of office to:

 

COUNCILMEMBERS ALICE PATINO AND HILDA ZACARIAS

 

C.    NEWLY ELECTED OFFICERS TO BE SEATED.

 

 

MAYOR LAVAGNINO WILL CALL A SHORT RECESS FOR A RECEPTION TO RECOGNIZE NEWLY ELECTED OFFICERS.

 

 

MEETING TO RECONVENE.

 

D.    Recreation and Parks Volunteer of the Month for December 2006:

 

MIKE HOLFORD

for his dedication, energy, and outstanding support for the Recreation and Parks Department’s Summer Youth Basketball League.

 

E.     Recognition of the 2006 “LIGHTS, SIGHTS, AND HOLIDAY NIGHTS” decorating contest winners.  The Recreation and Parks Department will present awards to this year’s holiday decorating contest winners.

 

 

F.     Proclamation and presentations commending and congratulating the second class of graduates from the 32-hour Community Emergency Response Team (CERT) Training sponsored by the Fire Department for their commitment to our community through their unselfish participation in the CERT Training.

 

 

2.      PUBLIC COMMENT PERIOD (NOT TO EXCEED A TOTAL OF 15 MINUTES):

 

The Council values your input.  Individual speakers are limited to three minutes or as directed by the Mayor.  To address the Council you are asked to fill out a Request to Speak Form and provide it to City Staff PRIOR TO this part of the agenda.  This assists the Clerk in accurately preparing the minutes of the meeting.  Once the public comment period commences, no other speakers will be allowed to submit a Request to Speak Form.  This time is reserved to accept comments from the public on Consent Agenda items, Closed Session items, or matters not otherwise scheduled on this agenda.  Direction to staff may be given; however, State law does not allow action to be taken by the Council on matters not on the printed agenda at this meeting.  The law requires that notice be given to the public at large to allow for full disclosure and discussion and decisions on important public issues.  To have City Council discussions and decisions on unnoticed items would prevent the type of public input necessary to make governmental decisions.

 

 

  1. CONSENT CALENDAR

 

The following routine items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting.

 

SHOULD A COUNCILMEMBER WISH TO DISCUSS OR DISAPPROVE ANY ITEM, it must be dropped from the blanket motion of approval and considered as a separate item. Members of the public may speak on Consent Calendar items during the Public Comment Period.

 

ROLL CALL:        Councilmembers Orach, Patino, Trujillo, Zacarias and Mayor Lavagnino

 

CITY MANAGER/CITY CLERK:

 

A.     Recommendation of City Staff to waive the reading in full of all ORDINANCES and RESOLUTIONS.  Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

 

B.     Recommendation of City Staff that the City Council approve the MINUTES of the Regular City Council Meeting of December 5, 2006.

 

a.                        To be approved.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

C.    Payment of WARRANTS.

 

a.            To be ordered ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of   Administrative Services.

 

D.    Payment of PAYROLL.

 

a.            To be ordered ratified subject to having been certified by the proper Department Heads, as shown on records on file in the Department of Administrative Services, and having been approved for payment by the Director of Administrative Services.

 

E.     Recommendation of City Staff that the City Council adopt a resolution approving an amendment to an ENTERTAINMENT LICENSE for Cue & Cushion Entertainment located at 415 South Blosser Road to allow televised sporting events on Sunday, Monday, Wednesday, Friday and Saturday, and singing contests accompanied by a live band on Tuesday and Thursday.

 

a.            Resolution No. 2006-203 to be adopted approving the Entertainment License for Cue & Cushion Entertainment.

 

CITY ATTORNEY:

 

F.     Recommendation of City Staff that the City Council enact an ordinance that will permit the City of Santa Maria to pay a REWARD of up to $500 for information leading to the arrest of a person or persons who commit acts of graffiti within the City limits.

 

a.            Ordinance No. 2006-18, establishing a reward program, to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

G.    Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2006-17, amending Chapter 48 of Title 12 of the Santa Maria Municipal Code pertaining to density bonus, and adopt the ordinance.

 

a.            Ordinance No. 2006-17 to be adopted.

 

PUBLIC WORKS DEPARTMENT:

 

H.     Recommendation of City Staff that the City Council approve a NOTICE OF CONTRACT COMPLETION for Street Maintenance (Chip Seal), Bid No. 2007/03.

 

a.            Notice of Contract Completion to be approved and the Chief Deputy City Clerk directed to record same.

 

I.         Recommendation of City Staff that the City Council adopt a resolution approving and authorizing the submittal of a grant proposal to the California Integrated Waste Management Board for funding in an amount not to exceed $200,000 from the Targeted Rubberized Asphalt Concrete Incentive Grant Program.

 

a.            Resolution No. 2006-204 to be adopted approving the submittal of a grant application.

 

J.      Recommendation of City Staff that the City Council adopt a resolution allowing the use of agricultural truck and two-trailer combinations of up to 75 feet in length on specific City maintained streets when hauling produce within the City of Santa Maria, as allowed by recently passed Senate Bill 1237, effective January 1, 2007.

 

a.            Resolution No. 2006-205 to be adopted approving the use of Agricultural Trucks and Two-Trailer Combinations on certain City streets.

 

K.     Recommendation of City Staff that the City Council adopt a resolution approving a SUBDIVISION MAP AND AGREEMENT for Westfield at Pacific Crest Airspace Condominiums, Tract 5899, located south of Battles Road, east of Blosser Road, north of Sonya Lane, and west of the newly constructed Biscayne Street.

 

a.            Resolution No. 2006-206 to be adopted approving the final subdivision map and agreement.

 

L.      Recommendation of City Staff that the City Council adopt a resolution approving and confirming a report of additional WEED ABATEMENT COSTS for properties requiring additional abatement.

 

a.            Resolution No. 2006-207 to be adopted approving submittal of additional weed abatement costs to the County Tax Collector for collection with the annual property taxes.

 

M.    Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a FOUR-WAY STOP at the intersection of Fesler Street and Elizabeth Street.

 

a.            Resolution No. 2006-208 to be adopted approving the four-way stop.

 

N.     Recommendation of the Traffic Committee that the City Council adopt a resolution establishing NO STOPPING ZONES on Donovan Road near Pine Street and Lincoln Street.

 

a.            Resolution No. 2006-209 to be adopted approving no stopping zones on Donovan Road.

 

O.    Recommendation of the Traffic Committee that the City Council adopt a resolution establishing NO STOPPING ZONES on McCoy Lane near Thompson Way and on Thompson Way near McCoy Lane.

 

a.            Resolution No. 2006-210 to be adopted approving no stopping zones on McCoy Lane and Thompson Way

 

P.     Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a NO STOPPING ZONE on Railroad Avenue between Alvin Avenue and Patti Lane (a private street).

 

a.            Resolution No. 2006-211 to be adopted approving a no stopping zone on Railroad Avenue.

 

 

PUBLIC HEARINGS:

 

4.      HOUSING ELEMENT UPDATE OF THE GENERAL PLAN.  The City Council will consider a recommendation from the Planning Commission to approve the Housing Element Update of the General Plan.  This item was continued from the December 5, 2006, City Council meeting.

 

On November 15, 2006, the Planning Commission conducted a public hearing and adopted Resolution No. 2445 on a 5-0 vote recommending that the City Council adopt a resolution updating the Housing Element of the General Plan.

 

a.      Staff report to be made.  (Senior Deputy City Attorney)

 

b.      Written communications.

 

c.      Those in favor to be heard.

 

d.      Those in opposition to be heard.

 

e.      Resolution No. 2006-212 to be adopted approving the Housing Element Update of the General Plan.

 

ROLL CALL:        Councilmembers Orach, Patino, Trujillo, Zacarias, and Mayor Lavagnino

 

5.      DEVELOPMENT AGREEMENT FOR SANTA MARIA COMMONS PROJECT (KOHL’S),  LOCATED ON SOUTH BROADWAY SOUTH OF MCCOY LANE.  The City Council will consider a Development Agreement with PEDP, Inc., and Regency Realty Group, Inc., which will allow the developer to be reimbursed for public improvements that would not typically be required of the project. 

 

On December 6, 2006, the Planning Commission adopted Resolution No. 2449 on a 5-0 vote recommending that the City Council approve the development agreement.

 

a.      Staff report to be made.   (Director of Public Works/City Engineer)

 

b.      Written communications.

 

c.      Those in favor to be heard.

 

d.      Those in opposition to be heard.

 

e.      After all persons have been heard, and all communications filed, hearing to be closed.

 

f.        Introduce Ordinance No. 2006-19 by title only for first reading approving the development agreement for Santa Maria Commons Project and continue it to the next meeting for second reading and adoption.

 

ROLL CALL:     Councilmembers Orach, Patino, Trujillo, Zacarias, and Mayor Lavagnino

 

6.      PUBLIC HEARING TO CONSIDER APPROPRIATING FUNDS ALLOCATED TO THE POLICE DEPARTMENT PURSUANT TO THE CITIZENS OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FOR FISCAL YEAR 2006-07.   The funds allocated to the Police Department from the COPS Program pursuant to AB 1913 will be used to provide frontline police services.

 

a.      Staff report to be made.  (Chief of Police)

 

b.      Written Communications.

 

c.      Those in favor to be heard.

 

d.      Those in opposition to be heard.

 

e.      After all persons have been heard, and all communications filed, hearing to be closed.

 

f.        Resolution No. 2006-213 to be adopted appropriating funds from the COPS Program.

 

ROLL CALL:     Councilmembers Orach, Patino, Trujillo, Zacarias, and Mayor Lavagnino

 

REGULAR BUSINESS:

 

7.      commercial vehicles parked on residentially zoneD parcels.  The City Council consider a proposed ordinance amending Subsection (h) of Section 5-6.202 of the Santa Maria Municipal Code pertaining to commercial vehicles parked on residentially zoned parcels within the City.

 

a.      Staff report to be made.  (Code Compliance Supervisor)

 

b.      Public input.

 

c.      Council discussion.

 

d.      Ordinance No. 2006-20, amending Section 5-6.202 of the Municipal Code, to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

ROLL CALL:     Councilmembers Orach, Patino, Trujillo, Zacarias, and Mayor Lavagnino

 

8.      NOMINATION AND ELECTION OF MAYOR PRO TEM.  The City Council will entertain nominations for the position of Mayor Pro Tem for a one-year term.

 

a.      Staff report to be made. (City Manager)

 

b.      Nomination by the Mayor.

 

c.      Ratification of Mayor’s nomination for Mayor Pro Tem for calendar year 2007.

 

 

REPORT BY CITY MANAGER:

 

 

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS):

 


CLOSED SESSION:   The City Council will recess to a Closed Session to discuss:

 

CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6. 

 

Agency representative:     Assistant City Manager

Employee organization:    Santa Maria Police Officers Association (SMPOA);

 

Non-Represented Full-Time Management and Confidential Employees; and

 

Public Safety Managers

 

CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIMS

Pursuant to Subdivision (a) of Section 54956.95 of the Government Code regarding a liability claim.

 

Claimants:  Alma Ferreria (City Claim No. 2006-16)

 

Agency Claimed Against:  City of Santa Maria

 

 

ADJOURNMENT:

 

 

ANNOUNCEMENTS

 

 

CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON COMCAST CABLE TELEVISION CHANNEL 23 AND ARE REBROADCAST AT 9:00 A.M. ON THURSDAYS AND ON THE FOLLOWING TUESDAY AT 6:30 P.M.

 

IF YOU CHALLENGE A DETERMINATION MADE ON A MATTER ON THIS AGENDA IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED ON THIS AGENDA, OR IN WRITTEN CORRESPONDENCE TO THE CITY COUNCIL AT, OR PRIOR TO, THE PUBLIC HEARING.

 

THE NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD TUESDAY, JANUARY 2, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE JANUARY 2ND MEETING IS DECEMBER 21, 2006.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Dec. 20, 2006

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Jan 8, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Jan 9, 2007

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Jan 9, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Jan 9, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Jan 9, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Jan 15, 2007

United Way

5:30 p.m.