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

NOVEMBER 20, 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.     Recreation and Parks Volunteers of the Month for November 2007:

 

JOHN “ROD” RODRIGUEZ and

STUDENT COUNCIL OF PIONEER VALLEY HIGH SCHOOL

 

for their generous donation of time, talent and financial support toward recreation programs at the Elwin Mussell Community Center, particularly the recent Halloween Party which was completely paid for by the teens, including decorations, refreshments, and a live band. 

 

 

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 6, 2007.

 

a.      To be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution canceling the City Council meeting on January 2, 2008, and the Planning Commission meeting on January 3, 2008.

 

a.      Resolution No. 2007-150 to be adopted to cancel the meetings.

 

D.    Recommendation of City Staff that the City Council accept as complete certain public improvements and authorize the release of a bond posted in connection with La Ventana, Tract 5886.

 

a.      A Faithful Performance Bond in the amount of $144,983 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 May 2008 and the Landscape Maintenance Bond be retained until November 2008.

 

E.     Recommendation of City Staff that the City Council accept as complete certain public improvements and authorize the RELEASE OF A BOND posted in connection with Bradley Square, Tract 5782, Phases 1-3.

 

a.      A Faithful Performance Bond in the amount of $24,369.50 for the installation of 242 street and easement trees, including maintenance for one year, to be released.

 

F.     Recommendation of City Staff that the City Council accept as complete certain public improvements and authorize the RELEASE OF A BOND posted in connection with Brian Court, Tract 5839.

 

a.      A Faithful Performance Bond in the amount of $1,913.30 for the installation of 19 street and easement trees, including maintenance for one year, to be released.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

G.    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.

 

H.     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.

 

I.         Recommendation of City Staff that the City Council adopt a resolution approving an ENTERTAINMENT LICENSE for Las Comadres Salvadorean Food located at 202 West Main Street to allow entertainment in the form of a disc jockey and dancing on Friday and Saturday evenings from 9:00 P.M. to 1:00 A.M.

 

a.      Resolution No. 2007-151 to be adopted approving an Entertainment License for Las Comadres Salvadorean Food.

 

PUBLIC WORKS DEPARTMENT:

 

J.      Recommendation of City Staff that the City Council accept as complete the public improvements and authorize the filing of a NOTICE OF CONTRACT COMPLETION for Street Maintenance (Chip Seal), Bid No. 2008/02.

 

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

 

K.     Recommendation of City Staff that the City Council accept as complete the public improvements and authorize the filing of a NOTICE OF CONTRACT COMPLETION for Landfill Gas Flare Expansion, Bid No. 2006/07.

 

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

 

RECREATION AND PARKS DEPARTMENT:

 

L.      Recommendation of City Staff that the City Council adopt resolutions ANNEXING AND ASSESSING six parcels into the South Miller Street/South College Drive, Northwest, Northeast and Southwest Landscape and Lighting Districts and any Special Benefit Zones.

 

a.      Resolution No. 2007-152 to be adopted annexing and assessing the Madonna Retail Building and Santa Maria Freeway Center into the South Miller Street/South College Drive Landscape and Lighting District.

 

b.      Resolution No. 2007-153 to be adopted annexing and assessing Central Coast Packaging into the Northwest Landscape and Lighting District.

 

c.      Resolution No. 2007-154 to be adopted annexing and assessing Bradley Road Apartments into the Northeast Landscape and Lighting District.

 

d.      Resolution No. 2007-155 to be adopted annexing and assessing the Santa Maria Industrial Building and Lakeview Promenade into the Southwest Landscape and Lighting District.

 

 

PUBLIC HEARINGS:

 

4.      MCCOY/DEPOT GENERAL PLAN AMENDMENT AND ZONE CHANGE LOCATED AT THE NORTHWEST CORNER OF WEST MCCOY LANE AND SOUTH DEPOT STREET, GPZ-2006-007, E-2007-035.  The City Council will consider a recommendation from the Planning Commission regarding (1) a mitigated negative declaration, (2) an amendment to the General Plan (Land Use) from 1.24 acres of CPO (Commercial Professional Office), 2.81 acres of COS (Conservation Open Space) and 2.45 acres of LI (Light Industrial), to 2.33 acres of CPO (Commercial Professional Office), 1.01 acres of COS (Conservation Open Space), 1.92 acres of LI (Light Industrial), and 1.24 acres of HCM (Heavy Commercial Manufacturing); (3) an amendment to an existing Class I bike path (Multi-Purpose Trail I) proposed in the Circulation Element of the General Plan (Bikeway Element) from the existing Santa Maria Valley Railroad corridor to Depot Street; and (4) a Zone change from 1.24 acres of PD/CPO (Planned Development/Commercial Professional Office), 2.81 acres of OS (Open Space) and 2.45 acres of PD/M-1 (Planned Development/Light Manufacturing) to 2.33 acres of PD/CPO (Planned Development/Commercial Professional Office), 1.01 acres of OS (Open Space), 1.92 acres of PD/M-1 (Planned Development/Light Manufacturing) and 1.24 acres of PD/CM (Planned Development/Commercial Manufacturing). Assessor's Parcel No. 111-060-024.

 

On October 10, 2007, the Planning Commission of the City of Santa Maria adopted Resolution No. 2482 recommending the City Council file a Mitigated Negative Declaration of Environmental Impact for the project and Resolution No. 2483 recommending the City Council approve a General Plan Amendment (Land Use and Circulation) and rezoning of the property.  Both resolutions passed on a 3-0-2 vote with Commissioners Lopez and Andrade absent.

 

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. 2007-156 to be adopted authorizing the filing of a Mitigated Negative Declaration of Environmental Impact for E-2007-035.

 

g.       Resolution No. 2007-157 to be adopted approving Amendments to the General Plan (Land Use and Circulation).

 

h.      Ordinance No. 2007-23 rezoning the project site 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:

 

5.      AMENDMENTS TO THE FIRE CODE ORDINANCE.  The City Council will consider a proposed ordinance deleting Chapter 9-3 of Title 9 of the Santa Maria Municipal Code and adopting a new Chapter 9-3 of Title 9 to adopt the 2007 California Fire Code with amendments.

 

a.      Staff report to be made.  (Fire Chief)

 

b.      Public input.

 

c.      Council discussion.

 

d.      Ordinance No. 2007-24 deleting Chapter 9-3 of Title 9 of the Santa Maria Municipal Code and adopting a new Chapter 9-3 of Title 9 to adopt the 2007 California Fire Code with amendments 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

 

6.      AGREEMENT FOR A COMMUNITY ALERTING AND NOTIFICATION SYSTEM.  The City Council will consider adopting a resolution approving a professional services agreement with NTI Group, Inc., for the procurement of a community alerting and notification system.

 

a.      Staff report to be made.  (Fire Chief)

 

b.      Public input.

 

c.      Council discussion.

 

d.      Resolution No. 2007-158 to be adopted approving an agreement with NTI Group, Inc.

 

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:          

 

 

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 4, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE DECEMBER 4TH MEETING IS NOVEMBER 21, 2007.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Nov. 21, 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.