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 18, 2007

5:30 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.

 

CALL TO ORDER:        Mayor Lavagnino

 

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

 

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 Union (SEIU), Local 620;

 

                                                      Santa Maria Police Officers Association (SMPOA);

 

                                                      Santa Maria Fire Fighters Local 2020;

 

                                                      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, Trujillo, Zacarías, and Mayor Lavagnino

 

 

1.      PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS

 

A.  Resolution No. 2007-169 to be adopted commending

 

RADFORD MAWHINNEY

 

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, Trujillo, Zacarías, and Mayor Lavagnino

 

B.    Resolution No. 2007-170 to be adopted commending

 

JACK OWEN, JR.

 

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, Trujillo, Zacarías, and Mayor Lavagnino

 

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:

 

JEREMY GOMEZ

 

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, 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  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.

 

GENERAL PLAN (Land Use)  -  from :

to:

 

as

Airport Services ( 336 acres)

AC

Airport Commercial  ( 30.8 acres)

LI

Research and Light Industrial  (150 acres)

AS

Airport Services  (26.5 acres)

Muc

Mixed-Use Commercial  (33 acres)

LI

Light Industrial  (132 acres)

CF

Community Facilities  (21 acres)

CF

Community Facilities  (19 acres)

OS

Open Space  (370 acres)

CPO

Commercial Professional Office  (16.3 acres)

COS-RPZ-AA

Runway protection Zone/Airport Approach Areas (105 acres) and roadways  (27 acres)

COS-RPZ/AA

Runway Protection Zone  (76.6 acres)

 

 

COS-CTS

Conservation Open Space  (105 acres)

 

 

ROS-DB

Recreational Open Space/Detention Basin  (262 acres)

 

 

DB

Detention Basin (30 acres)

 

ROS-GC

Golf Course (231.6 acres),

 

ROS-Park

Pioneer Park (13 acres) and associated Roadways (approximately 70.2 acres);

 

ZONE CHANGE -  FROM:

TO:

 

AS-1

Airport Services-1 ( 218 acres);

OS

Open Space-recreation  (262.6 acres)

 

PD/AS-II

Planned Development/Airport Services II ( 88 acres);

OS

Open Space Conservation  (105.7 acres)

 

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);

 

PD/C-3

Planned Development/Mixed Use Commercial (33 acres);

PD-CPO

Planned Development Commercial Professional Office (16.3 acres)

 

PD/M-1

Planned Development/Light Manufacturing (150 acres);

PF-A

Planned Development/Community Facilities (19.3 acres)

 

PD/OS

Planned Development/Open Space  (370 acres);

PD/M-1

Planned Development/Light Manufacturing (132.0 acres)

 

OS

Open Space (including roadways) ( 80 acres)

AS-III

Airport Services  (26.5 acres)

 

OS-RPZ/AA

Open Space with Runway protection Zone (105 acres)

PD/C-3

Planned Development/Airport Commercial  (30.8 acres);

 

PF-A

Public Facilities (21 acres)

OS

Open Space Roads   (70.2 acres)

 

 

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, Trujillo, Zacarías and Mayor Lavagnino

 

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 Santa Maria adopted Resolution No. 2492 recommending the City Council approve the tentative map.  The resolution 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. 2007-177 to be adopted approving the Tentative Tract Map for Tract 5924.

 

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

 

 

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 Research Hospital to waive all permit fees associated with construction of a single-family dwelling to be raffled by the charity as a “Dream Home.”

 

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

 

b.      Public input.

 

c.      Council discussion.

 

d.      Council direction.

 

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

 

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 Crossroads Shopping Center.

 

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, Trujillo, Zacarías 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 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 NEXT REGULAR CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, JANUARY 15, 2008.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE JANUARY 15TH MEETING IS JANUARY 3, 2008.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Dec. 19, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Landmark Committee

Jan. 08, 2008

Dorothea Nelson Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Jan. 08, 2008

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Jan. 08, 2008

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Jan. 10, 2008

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Jan. 21, 2008

City Hall Conference Room

5:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Jan. 28, 2008

City Hall Conference Room

5:30 p.m.