CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

 

 

Mayor Larry Lavagnino

Mayor Pro Tem Leo Trujillo

Councilmember Bob Orach

Councilmember Alice Patino

Councilmember Hilda Zacarías

 

 

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 4, 2007

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. For the hearing impaired, the City has assisted listening equipment available. For TDD (Telecommunications Devices for the Deaf) service, please call (800) 735-2929.  In order for the City to make reasonable accommodation arrangements for the use of this assisted listening equipment, notification is required by at least 4:00 p.m. the Friday before the meeting by calling 925-0951, extension 307.  This equipment can also be used for translation by Spanish-only speaking persons.  To allow the City to coordinate and request a Spanish translator from the volunteer corps, call 925-0951, extension 307 by 1:00 p.m. on Monday before the meeting.  Para permitir a la Ciudad el poder coordinar y solicitar a un traductor para español del cuerpo de voluntarios, llame al 925-0951, extensión 307 a la 1:00 de la tarde el lunes antes de la junta.

 

 

INVOCATION:

 

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

 

CALL TO ORDER:              Mayor Lavagnino

 

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

 

 

1.      PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS

 

A.  Resolution No. 2007-159 to be adopted commending

 

KENNETH SCHNELL

 

Information Technology Manager with the Administrative Services Department for 26 years of outstanding service to the City of Santa Maria and congratulating him on his retirement.

 

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

 

 

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.

 

 

3.      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.  The Consent Calendar is approved by roll call vote with one motion.  These items are discussed only on request of Councilmembers.  Members of the public may speak on Consent Calendar items during the Public Comment Period.

 

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.

 

ROLL CALL:      Councilmembers Orach, Patino, Trujillo, Zacarías, 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  November 20, 2007.

 

a.      To be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution authorizing adjustments to the salary ranges for classifications associated with the newly created Dispatcher I classification.

 

a.      Resolution No. 2007-160 to be adopted approving adjustments to salary ranges.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

D.    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.

 

E.     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.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

F.     Recommendation of City Staff that the City Council conduct the second reading of ORDINANCE NO. 2007-23 changing the zoning of property for the McCoy/Depot project located north of West McCoy Lane, west of South Depot Street, south of Century Street, and east of the Santa Maria Valley Railroad.

 

a.      Ordinance No. 2007-23 to be adopted.

 

FIRE DEPARTMENT:

 

G.    Recommendation of City Staff that the City Council conduct the second reading of ORDINANCE NO. 2007-24 adopting the 2007 California Fire Code with amendments and adopt the ordinance.

 

a.      Ordinance No. 2007-24 to be adopted.

 

PUBLIC WORKS DEPARTMENT:

 

H.     Recommendation of City Staff that the City Council adopt a resolution approving a request to extend the obligation authority of Caltrans for an additional year to fund the preliminary engineering phase for the Santa Maria Valley Railroad Multi-Purpose Trail, Phase II project.

 

a.      Resolution No. 2007-161 to be adopted approving the request.

 

I.         Recommendation of the Traffic Committee that the City Council adopt a resolution approving a parking restriction of vehicles over six feet in height along the southerly right-of-way of Canal Street between Blosser Road and Railroad Avenue.

 

a.      Resolution No. 2007-162 to be adopted approving the parking restriction.

 

J.      Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of one-hour LIMITED TIME PARKING ZONES on Roemer Way and Roemer Court.

 

a.      Resolution No. 2007-163 to be adopted approving the limited time parking zones.

 

K.     Recommendation of the Traffic Committee that the City Council adopt a resolution to extend the NO STOPPING ZONE on Centerpointe Parkway near Lakeside Parkway.

 

a.      Resolution No. 2007-164 to be adopted approving the extension of the no stopping zone.

 

 

PRESENTATIONS:

 

4.      PRESENTATION BY FUTURE LEADERS OF AMERICA REGARDING PROJECT ACCESS YOUTH COALITION DESIGNED TO CURB YOUTH ACCESS TO ALCOHOL IN THE CITY OF SANTA MARIA.

 

a.      Presentation to be made by Patricia Soloria, Program Coordinator.

 

b.      Council discussion.

 

c.      Presentation of Certificates of Appreciation to local merchants.

 

 

PUBLIC HEARINGS:

 

5.      TENTATIVE TRACT MAP FOR REFUGIO TOWNHOMES, LOCATED ON THE NORTHWEST CORNER OF WEST MCCOY LANE AND PROFESSIONAL PARKWAY, TRACT 5905, E-2006-011.  The City Council will consider a recommendation from the Planning Commission to authorize the filing of a Mitigated Negative Declaration of Environmental Impact and approve a tentative tract map that would create 125 lots ranging in size from 956 to 1,957 square feet and one 3.64 acre lot for associated common area facilities in a PD/R-3 (Planned Development/High Density Residential zoning district), Assessor’s Parcel No. 11-060-015 and -081. 

 

On November 7, 2007, the Planning Commission of the City of Santa Maria adopted Resolution No. 2485 recommending the City Council file a Mitigated Negative Declaration of Environmental Impact for the project and Resolution No. 2486 recommending the City Council approve the tentative map.  Both resolutions passed on a 5-0 vote.

 

a.      Staff report to be made.  (Director of Community Development)

 

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. 2007-165 to be adopted authorizing the filing of a Mitigated Negative Declaration of Environmental Impact for E-2006-011.

 

g.      Resolution No. 2007-166 to be adopted approving the Tentative Tract Map for Tract 5905.

 

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

 

6.      ZONING TEXT AMENDMENTS TO ADD CHAPTER 50 AND CHAPTER 51 TO TITLE 12 OF THE SANTA MARIA MUNICIPAL CODE, Z-2007-005 AND Z-2007-006, E-2007-060 AND E-2007-075.  The City Council will consider a recommendation from the Planning Commission to authorize the filing of Negative Declarations of Environmental Impact and adopt an ordinance adding Chapter 50 to Title 12 of the Santa Maria Municipal Code (Reasonable Accommodation) to implement procedures to provide exceptions in zoning and land use for persons with disabilities, and an ordinance adding Chapter 51 to Title 12 of the Santa Maria Municipal Code (Single Room Occupancy) to establish regulations to facilitate the construction and conversion of structures to single-room occupancies in the City, subject to a Planned Development Permit.

 

a.      Staff report to be made.  (Senior Assistant City Attorney-Utilities Counsel)

 

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. 2007-167 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact for E-2007-060.

 

g.      Ordinance No. 2007-25 adding Chapter 50 to Title 12 of the Municipal Code related to Reasonable Accommodations to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.

 

h.      Resolution No. 2007-168 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact for E-2007-075.

 

i.        Ordinance No. 2007-26 adding Chapter 51 to Title 12 of the Municipal Code related to Single-Room Occupancies 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, Zacarías and Mayor Lavagnino

 

 

REGULAR BUSINESS:

 

7.      FINDING OF PUBLIC CONVENIENCE OR NECESSITY IN THE MATTER OF THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE LICENSE FOR CARNICERIA EL AMIGO ABAD, 717 EAST MAIN STREET, SP-2007-023.  The City Council will consider a recommendation to adopt a motion affirming the protest to the issuance of the alcoholic beverage license as filed by the Police Department and declining to make a finding of public convenience and necessity.

 

a.      Staff report to be made.  (Director of Community Development)

 

b.      Public input.

 

c.      Council discussion.

 

d.      Motion to be made affirming the protest by the Police Department and declining to make a finding of public convenience and necessity.

 

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

 

 

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 LEGAL COUNSEL - regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss SANTA MARIA VALLEY WATER CONSERVATION DISTRICT v. CITY OF SANTA MARIA.

 

CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6. 

 

Agency representative:          Assistant City Manager

 

Employee organization:         Service Employees International Union (SEIU), Local 620; and

 

                                                      Santa Maria Police Officers Association (SMPOA)

 

PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS pursuant to Subsection (e) of Government Code Section 54957 and CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6. 

 

Agency representative:          Mayor

 

Title:                                             City Manager and City Attorney

 

 

 

ADJOURNMENT:

This meeting will be adjourned to a Special Meeting to be held on Wednesday, December 5, 2007, at 2:00 p.m., in the Dorothea Nelson Room of the Santa Maria Public Library, 420 S. Broadway, for the purpose of providing mandatory Sexual Harassment Training to Councilmembers and City Employees.

 

 

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.  COUNCIL MEETING VIDEOS ARE ALSO AVAILABLE FOR VIEWING ON THE CITY'S WEB SITE.  YOUR ATTENDANCE AT THIS PUBLIC MEETING MAY RESULT IN THE RECORDING AND BROADCAST OF YOUR IMAGE AND/OR VOICE.

 

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 ON TUESDAY, DECEMBER 18, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE DECEMBER 18TH MEETING IS DECEMBER 6, 2007.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Dec. 5, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Dec. 10, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Dec. 11, 2007

Dorothea Nelson Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Dec. 11, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Dec. 11, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Dec. 13, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Dec. 17, 2007

City Hall Conference Room

5:30 p.m.