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CITY HALL COUNCIL CHAMBERS AGENDA OF THE CITY COUNCIL |
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Mayor Larry Lavagnino Mayor Pro Tem Leo Councilmember Bob Orach Councilmember Alice Patino Councilmember Hilda Zacarías |
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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 |
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REGULAR MEETING DECEMBER 18, 2007 5:30 P.M. |
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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
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
CALL TO ORDER: Mayor Lavagnino
ROLL CALL: Councilmembers
Orach, Patino,
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. 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 Closed Session Items.
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 government decisions.
RECESS: The City Council will immediately recess to a Closed Session for the
following:
CONFERENCE WITH
LABOR NEGOTIATOR pursuant to Government Code Section 54957.6.
Agency
representative: Assistant City
Manager
Employee organization: Service Employees International
Public
Safety Managers; and
Non-represented
Management and Confidential Employees
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
CONFERENCE WITH LEGAL COUNSEL –
EXISTING LITIGATION pursuant to Subdivision (a) of Section 54956.9 of the Government Code: Baldiviez v. City of Santa Maria, Santa
Barbara Superior Court Case No. 1232811
RECONVENE: City Council will reconvene to open session at
6:30 p.m.
CLOSED
SESSION REPORT:
INVOCATION:
PLEDGE
OF ALLEGIANCE TO THE FLAG:
CALL TO ORDER: Mayor Lavagnino
ROLL CALL: Councilmembers
Orach, Patino,
1. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS
A. Resolution No. 2007-169 to be adopted commending
Commander with the Police Department for 26 years of
outstanding service to the City of Santa Maria and congratulating him on his
retirement.
ROLL CALL: Councilmembers
Orach, Patino,
B. Resolution No. 2007-170 to be adopted commending
Battalion Chief with the Fire Department for 31
years of outstanding service to the City of Santa Maria and congratulating him
on his retirement.
ROLL CALL: Councilmembers
Orach, Patino,
C. Recognition of the 2007 “LIGHTS, SIGHTS, AND HOLIDAY NIGHTS” decorating contest winners. The Recreation and Parks Department will present awards to this year’s holiday decorating contest winners.
D. Recreation and Parks Volunteer of the Month for December 2007:
for his exemplary leadership and commitment to the participants in the Santa Maria Recreation and Parks Department’s Youth Tee-Ball League as Volunteer Head Coach.
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,
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 4, 2007.
a. To be approved.
C.
Recommendation
of City Staff that the City Council adopt a resolution continuing the practice
of only televising meetingS
of the City Council and Santa Maria Community Television Board, until such time
as the full financial impact of State and Federal legislation including Federal
Communications Commission (FCC) decisions related to cable television revenues
are known.
a.
Resolution No. 2007-171 to be adopted continuing
the practice of televising only City Council and Santa Maria Community
Television Board meetings.
D.
Recommendation of City Staff that the City Council
accept as complete the public improvements associated with Rose Garden Village, Tract 5725 and release certain
bonds.
a.
A Faithful Performance bond in the reduced amount
of $50,000.00 for the construction and installation of public improvements to
be released with an order that the Contractor, Labor and Material bond be
retained until June 2008 and the Guarantee and Defective Material bond be
retained until December 2008.
b.
A Faithful Performance bond in the amount of
$448,280 for the installation of public landscaping and irrigation improvements
to be released with an order that the Contractor, Labor and Material bond be
retained until June 2008 and the Landscape and Irrigation Maintenance bond be
retained until December 2008.
ADMINISTRATIVE SERVICES DEPARTMENT:
E. 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.
F. 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.
CITY ATTORNEY DEPARTMENT
G. Recommendation of City Staff that the City Council conduct the second reading and adopt ORDINANCE NO. 2007-25 adding Chapter 50 to Title 12 of the Santa Maria Municipal Code related to Reasonable Accommodation for individuals with a disability.
a. Ordinance No. 2007-25 to be adopted.
RECREATION AND PARKS DEPARTMENT:
H. Recommendation of City Staff that the City Council adopt a resolution approving submittal of an application to acquire grant funds through the Land and Water Conservation Fund Grant program for the Los Flores Ranch Property Nature Project.
a. Resolution No. 2007-172 to be adopted approving the grant application submittal.
I. Recommendation of City Staff that the City Council adopt a resolution approving submittal of an application to ACQUIRE GRANT FUNDS through the Recreational Trails Program for the accessible trailhead development for the River Park Trail.
a. Resolution No. 2007-173 to be adopted approving the grant application submittal.
PUBLIC HEARINGS:
4.
*GENERAL PLAN AMENDMENT, ZONE CHANGE, SPECIFIC PLAN
ON 740 ACRES, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF SKYWAY DRIVE AND
ORCUTT EXPRESSWAY (STATE HIGHWAY 135) FOR THE SANTA MARIA PUBLIC AIRPORT
DISTRICT, GPZ-2005-007, SPZ-2007-001, E-2005-039. The City Council will consider a
recommendation from the Planning Commission regarding a review of environmental
impact, General Plan Amendment, Zone Change, and Specific Plan Amendment as
listed below for 740 acres of property located at the Santa Maria Public
Airport, Assessors Parcel Numbers 111-230-090 (portion), 111-230-91,
111-230-92, 111-230-93 (portion), 111-230-94.
*Due to the volume of information contained in this item,
resolutions/ordinances are linked separately from the Agenda Report. See below.
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GENERAL PLAN (Land Use) - from : |
to: |
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as |
Airport
Services ( 336 acres) |
AC |
Airport
Commercial ( 30.8 acres) |
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LI |
Research and Light Industrial (150 acres) |
AS |
Airport Services (26.5 acres) |
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Muc |
Mixed-Use Commercial
(33 acres) |
LI |
Light Industrial (132 acres) |
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CF |
Community Facilities
(21 acres) |
CF |
Community Facilities (19 acres) |
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OS |
Open Space (370
acres) |
CPO |
Commercial Professional Office (16.3 acres) |
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COS-RPZ-AA |
Runway protection Zone/Airport Approach Areas (105 acres)
and roadways (27 acres) |
COS-RPZ/AA |
Runway Protection Zone (76.6 acres) |
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COS-CTS |
Conservation Open Space (105 acres) |
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ROS-DB |
Recreational Open Space/Detention Basin (262 acres) |
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DB |
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ROS-GC |
Golf Course (231.6 acres), |
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ROS-Park |
Pioneer Park (13 acres) and associated Roadways
(approximately 70.2 acres); |
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ZONE CHANGE - FROM: |
TO: |
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AS-1 |
Airport
Services-1 ( 218 acres); |
OS |
Open
Space-recreation (262.6 acres) |
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PD/AS-II |
Planned Development/Airport Services II ( 88 acres); |
OS |
Open Space Conservation (105.7 acres) |
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PD/AS-III |
Planned Development/Airport Services-III (30 acres) |
OS-RPZ/AA |
Open Space-RPZ/AA (Open Space with Runway protection
Zone) (76.6 acres); |
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PD/C-3 |
Planned Development/Mixed Use Commercial (33 acres); |
PD-CPO |
Planned Development Commercial Professional Office
(16.3 acres) |
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PD/M-1 |
Planned Development/Light Manufacturing (150 acres); |
PF-A |
Planned Development/Community Facilities (19.3 acres) |
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PD/OS |
Planned Development/Open Space (370 acres); |
PD/M-1 |
Planned Development/Light Manufacturing (132.0 acres) |
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OS |
Open Space (including roadways) ( 80 acres) |
AS-III |
Airport Services
(26.5 acres) |
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OS-RPZ/AA |
Open Space with Runway protection Zone (105 acres) |
PD/C-3 |
Planned Development/Airport Commercial (30.8 acres); |
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PF-A |
Public Facilities (21 acres) |
OS |
Open Space Roads (70.2
acres) |
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On November 21, 2007, the Planning Commission
adopted Resolution No. 2489 on a 4-1 vote, with Commissioner Andrade voting no,
recommending the City Council certify the Final Environmental Impact Report;
Resolution No. 2490 on a 3-2 vote, with Commissioners Lopez and Andrade voting
no, recommending the City Council repeal the Santa Maria Airport Research Park
Specific Plan and approve the Santa Maria Airport Business Park Specific Plan;
and Resolution No. 2491 on a 3-2 vote, with Commissioners Lopez and Andrade
voting no, recommending the City Council approve the General Plan Amendment and
Zone Change.
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. 2007-174 to
be adopted certifying the Final Environmental Impact Report (FEIR) for E-2005-039,
making CEQA findings, adopting a statement of overriding considerations, and
approving a mitigation monitoring program for the Santa Maria Airport Business
Park Specific Plan Project.
g.
Resolution No. 2007-175 to
be adopted amending the General Plan (Land Use) of 740 acres as listed above.
h.
**Ordinance No. 2007-27 repealing the Santa Maria
Research Park Specific Plan, as most recently amended October 20, 1998,
GPZ-98-06, and adopting the Santa Maria Airport Business Park Specific Plan,
SPZ-2007-001, as the primary document to guide future development of the 740
acre Specific Plan site to be introduced by title only for first reading and
continued to the next meeting for second reading and adoption. **This Ordinance has been separated into two pdf documents [Part A and Part B].
i.
Ordinance No. 2007-28
rezoning the 740 acres as specified above to be introduced by title only for
first reading and continued to the next meeting for second reading and
adoption.
j.
Resolution No. 2007-176
approving and authorizing the Mayor to enter into and execute a Memorandum of
Understanding with the Santa Maria Public Airport District offering three-year
leases to tenants of the (Airport) Village Mobile Home Park to be adopted.
ROLL CALL: Councilmembers
Orach, Patino,
5.
TENTATIVE TRACT MAP FOR SEVILLA,
LOCATED AT THE INTERSECTION OF SUNRISE DRIVE, SANTA MARIA WAY AND MILLER
STREET, TRACT 5924, E-2007-040. The City Council will
consider a recommendation from the Planning Commission to approve a tentative
tract map that would create 69 residential lots ranging in size from 2,612 to
6,011 square feet, 1 commercial lot of 3.22 acres, and 1 common lot of 2.21
acres on three existing parcels totaling 10.38 acres. The zoning of the site is PD/C-2 (Planned
Development/General Commercial) and PD/R-3 (Planned Development/High Density
Residential), Assessor’s Parcel Nos. 128-090-022 and 128-090-023.
On November 21, 2007, the
Planning Commission of the City of
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. 2007-177 to be adopted approving
the Tentative Tract Map for Tract 5924.
ROLL CALL: Councilmembers
Orach, Patino,
REGULAR BUSINESS:
6.
REQUEST TO WAIVE PERMIT FEES FOR
A ST. JUDE CHILDREN’S RESEARCH HOSPITAL DREAM HOME. The City
Council will consider a request by St. Jude Children’s
a. Staff report to be made. (City Manager)
b. Public input.
c. Council discussion.
d. Council direction.
ROLL CALL: Councilmembers
Orach, Patino,
7.
FINDING OF PUBLIC CONVENIENCE OR
NECESSITY IN THE MATTER OF THE ISSUANCE OF AN ALCOHOLIC BEVERAGE LICENSE FOR LIQUOR
PLUS, 2160 S. BRADLEY ROAD. The City Council will consider a recommendation to make
a finding of convenience in the matter of the issuance of a Type 20 (off-sale
beer and wine) license for the sale of packaged alcoholic beverages at Liquor
Plus in the
a. Staff report to be made. (Director of Community Development)
b. Public input.
c. Council discussion.
d. Motion to be made making a finding of public convenience.
ROLL CALL: Councilmembers
Orach, Patino,
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 2008.
REPORT BY CITY MANAGER:
ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS
(INCLUDING AB1234 REPORTS):
CLOSED SESSION: If the discussion of the Closed Session
items was not completed at the earlier Closed Session, the City Council will
recess to another Closed Session.
ADJOURNMENT:
This meeting will be adjourned to the Regular City Council Meeting on January 15, 2008. The Regular City Council Meeting of January 2nd has been cancelled.
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
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CITY CALENDAR |
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BOARD/ COMMISSION |
NEXT MEETING |
MEETING
PLACE |
MEETING
TIME |
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Planning
Commission |
Dec. 19,
2007 |
City Council Chambers |
6:30 p.m. |
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Landmark
Committee |
Jan. 08,
2008 |
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4:00 p.m. |
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Recreation
and Parks Commission |
Jan. 08,
2008 |
City Council Chambers |
6:30 p.m. |
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Library
Board |
Jan. 08,
2008 |
Library Conference Room |
7:00 p.m. |
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Code
Compliance Board |
Jan. 10,
2008 |
City Council Chambers |
4:00 p.m. |
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Jan. 21,
2008 |
City Hall Conference Room |
5:30 p.m. |
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Block
Grants Advisory Committee |
Jan. 28, 2008 |
City Hall
Conference Room |
5:30 p.m. |