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

JUNE 5, 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.                                                     Proclamation declaring the month of June 2007 as:

 

MAKE-A-WISH MONTH

 

in the City of Santa Maria and applaud the commitment the Make-A-Wish Foundation makes to children with life-threatening medical conditions.

 

 

1.      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.

 

 

2.      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 May 15, 2007.

 

a.                        To be approved.

 

C.    Recommendation of City Staff that the City Council accept as complete the certain public improvements and authorize the release of a bond posted in connection with MISSION CREEK, TRACT 5847:

 

a.                        Faithful Performance bond in the amount of $34,500 for the construction and installation of the Santa Maria Way Median, including landscaping and irrigation.

 

D.    Recommendation of City Staff that the City Council accept as complete the certain public improvements and authorize the release of a bond posted in connection with ROSE GARDEN VILLAGE, TRACT 5725:

 

a.                        Faithful Performance bond in the amount of $411,237 for the construction and installation of boundary walls.

 

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 by title only and adopt ORDINANCE NO. 2007-08 making technical amendments to the Municipal Code; ORDINANCE NO. 2007-09 updating the City’s parade regulations; ORDINANCE NO. 2007-10 updating the City’s massage regulations; and adopt a resolution setting an application fee of $124.10 for review of massage practitioner licenses.

 

a.                        Ordinance No. 2007-08 to be adopted.

 

b.                        Ordinance No. 2007-09 to be adopted.

 

c.                        Ordinance No. 2007-10 to be adopted.

 

d.                        Resolution No. 2007-74 to be adopted approving a fee for the processing of massage practitioner licenses.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

H.     Recommendation of City Staff that the City Council conduct the second reading by title only and adopt ORDINANCE NO. 2007-07 amending Section 12-32.07A(c) of Chapter 32 of Title 12 of the Municipal Code (Zoning Regulations) pertaining to the off-street parking requirement in the “original” four square mile ordinance by modifying the maximum lot area for exemption qualification from fifteen thousand (15,000) square feet to twenty thousand (20,000) square feet.

 

a.                        Ordinance No. 2007-07 to be adopted.

 

I.         Recommendation of City Staff that the City Council make a finding of public convenience in the matter of the issuance of a Type 21 (Off-Sale General) ALCOHOLIC BEVERAGE LICENSE for the Rite Aid (a.k.a. Thrifty Payless) Pharmacy and Retail Store located at 2405 South Broadway.

 

a.                        A finding of public convenience to be made.

 

PUBLIC WORKS DEPARTMENT:

 

J.      Recommendation of City Staff that the City Council give approval to CALL FOR BIDS on the plans and specifications for Street Maintenance (Chip Seal), Bid No. 2008/02.

 

a.                        Authorization to be granted to call for bids.

 

K.     Recommendation of City Staff that the City Council adopt a resolution awarding the bid and approving an agreement with Union Asphalt, Inc., for Bid No. 2007/09, McClelland/Morrison Reconstruction and McClelland Underground Improvements

 

a.                        Resolution No. 2007-75 to be adopted awarding the bid to Union Asphalt, Inc., for Bid No. 2007/09 in the amount of $419,296.65.

 

L.      Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a NO STOPPING ZONE on Sunrise Drive.

 

a.                        Resolution No. 2007-76 to be adopted approving the establishment of a no stopping zone on Sunrise Drive.

 

 

PUBLIC HEARINGS:

 

3.      ZONE CHANGE FOR NEWLOVE GARDENS, LOCATED AT 580 EAST NEWLOVE, GPZ-2006-003, E-2005-068.  The City Council will consider a recommendation from the Planning Commission regarding a mitigated negative declaration of environmental impact and a zone change to change the zoning designation for the 1.01 acre site from R-2 (Medium Density Residential) to PD/R-2 (Planned Development/Medium Density Residential).  The zone change would allow the construction of 11 single family residences at 580 East Newlove Drive, Assessor’s Parcel No. 128-076-028.  The environmental impacts of the project were analyzed in Initial Study/Mitigated Negative Declaration, E-2005-068, prepared for the zone change. Mitigation measures have been made a part of the project conditions of approval. No further environmental review is required.

 

On May 2, 2007, the Planning Commission on a 5-0 vote adopted Resolution No. 2465 recommending the City Council file a Mitigated Negative Declaration and adopt a Mitigation Monitoring Program for the project and Resolution No. 2466 recommending that the City Council approve the 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. 2007-77 to be adopted authorizing the filing of a Mitigated Negative Declaration for E-2005-068 adopting the Mitigation Monitoring Program for the Project.

 

g.      Ordinance No. 2007-11 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption rezoning the site.

 

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

 

4.      TENTATIVE TRACT MAP FOR NEWLOVE GARDENS, 580 EAST NEWLOVE DRIVE, TRACT 5910, E-2005-068.  Review of a recommendation from the Planning Commission regarding a tentative tract map that would create 11 residential lots that are 2,555 square feet in size and 1 common lot. The zoning of the site is proposed to be changed from R-2 (Medium Density Residential) to PD/R-2 (Planned Development/Medium Density Residential), Assessor’s Parcel No. 128-076-028. The environmental impacts of the project were analyzed in Initial Study/Mitigated Negative Declaration, E-2005-068, prepared for the zone change. Mitigation measures have been made a part of the project conditions of approval. No further environmental review is required.

 

On May 2, 2007, the Planning Commission on a 5-0 vote adopted Resolution No. 2467 recommending the City Council approve the Tentative Map, Tract 5910, for Newlove Gardens.

 

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. 2007-78 to be adopted approving the tentative map.

 

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

 

5.      CONFIRMATION OF LAND USES WITHIN THE SPHERE AREA 9 SPECIFIC PLAN (BLACK ROAD REORGANIZATION), 884 ACRES. The City Council will consider reaffirming its previous prezoning direction for manufacturing and employment-generating land uses within the Sphere Area 9 Specific Plan. 

 

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.        Provide direction to staff and the property owners.

 

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

 

 

REGULAR BUSINESS:

 

6.      REVIEW OF THE DAYTIME JUVENILE ANTI-LOITERING ORDINANCE.  The City Council will consider whether the ordinance adding Chapter 6-3A to Title 6 of the Santa Maria Municipal Code related to daytime anti-loitering for children under the age of 18 years should be extended.  The ordinance is due to sunset in August of this year.

 

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

 

b.      Council discussion.

 

c.      Public input.

 

d.      Direction to staff.

 

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

 

7.      2006 GENERAL PLAN ANNUAL REPORT (SP-2007-007).  The City Council will receive the 2006 General Plan Annual Report.

 

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

 

b.      Council discussion.

 

c.      Direction to staff.

 

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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6:

 

Agency representative:          Assistant City Manager

Employee organization:         Santa Maria Police Officers Association (SMPOA)

 

 

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Government Code Section 54956.9(a):

 

Name of Case:                       Pamela Jimenez v. City of Santa Maria, Case No. 1196491

 

 

CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8:

 

Property:                                  North Hills Project

Agency Negotiator:                Rick Sweet

Negotiating Parties:               James R. Wheeler and W. Jackson Washburn

Under Negotiation:                 Price and terms of payment of water rights

 

 

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, JUNE 19, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE JUNE 19TH MEETING IS JUNE 7, 2007.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

June 6, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

June 11, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

June 12, 2007

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

June 12, 2007

Atkinson Community Center

6:30 p.m.

 

 

 

 

Library Board

June 12, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

June 14, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

June 18, 2007

City Hall Conference Room

5:30 p.m.