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

APRIL 15, 2008

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, 110 East Cook Street, Room 3, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting. Any writing or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk and the Library.  If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability.  The City Clerk’s Office 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 April 22, 2008 as:

 

“EARTH DAY”

 

in the City of Santa Maria and encouraging all residents to participate in Earth Day activities.

 

B.    Proclamation declaring May 1, 2008 as:

 

“NATIONAL DAY OF PRAYER OBSERVANCE”

 

in the City of Santa Maria and encouraging people of all faiths to participate in the National Day of Prayer according to their own traditions.

 

 

C.    Recreation and Parks Volunteer of the Month for April, 2008:

 

LETICIA SANCHEZ

 

for her dedication and outstanding efforts with the Career Camp Program.

 

 

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 April 1, 2008.

 

a.      Minutes to be approved.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

C.    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.

 

D.    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.

 

E.     Recommendation of City Staff that the City Council adopt a resolution approving an Entertainment License for Cue & Cushion at 415 S. Blosser Road to allow live music and dancing on Sunday from 8:00 p.m. to 2:00 a.m.

 

a.      Resolution No. 2008-46 to be adopted approving the Entertainment License.

 

F.     Recommendation of City Staff that the City Council adopt a resolution approving an ENTERTAINMENT LICENSE for MotionZ at 218 Town Center East to allow entertainment in the form of high school and/or college bands on Sunday from 5:00 p.m. to 7:00 p.m. and on Monday from 5:00 p.m. to 9:00 p.m.

 

a.      Resolution No. 2008-47 to be adopted approving the Entertainment License.

 

 

PUBLIC HEARINGS:

 

4.      public hearing to receive comments and consider the block grants advisory committee’S RECOMMENDATIONS FOR ALLOCATION OF FISCAL YEAR 2008-09 FEDERAL FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS.

 

The Block Grants Advisory Committee held special meetings on March 31, 2008, to receive subcommittee reports, and on April 2, 2008, to formulate its recommendations to the City Council.

 

a.      Staff report to be made.  (Community Programs Manager)

 

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. 2008-48 to be adopted approving the Capital Development activities under the Community Development Block Grant Program for Fiscal Year 2008-09 Federal Funding.

 

g.      Resolution No. 2008-49 to be adopted approving the activities under the HOME Investment Partnerships Program for Fiscal Year 2008-09 Federal Funding.

 

h.      Resolution No. 2008-50 to be adopted approving the Public Service activities under the Community Development Block Grant Program for Fiscal Year 2008-09 Federal Funding.

 

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


5.      WATER AND SEWER RATE INCREASE.  The City Council will conduct a public hearing, determine if a majority protest exists; and if no majority protest exists, introduce an ordinance instituting five percent rate increases effective July 1, 2008 for water and sewer service to sustain the water and wastewater enterprises’ ability to operate the water and wastewater systems.

 

a.   Staff report to be made.   (Director of Utilities)

 

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 written protests filed, hearing to be closed.

 

f.    Clerk to determine if majority protest exists.

 

g.   Ordinance No. 2008-06 approving five percent rate increases for water and sewer services 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.      AMENDMENT TO THE NOISE ELEMENT OF THE GENERAL PLAN AND ZONE TEXT CHANGES IN THE R-2, R-3, RESIDENTIAL ZONING DISTRICTS AND MIXED-USE PROJECTS APPROVED UNDER CHAPTER 49 OF TITLE 12, GP-2008-001, Z-2008-002, E-2008-007.  The City Council will consider a recommendation from the Planning Commission to approve a draft Mitigated Negative Declaration of Environmental Impact (E-2008-007), an amendment to the Noise Element of the General Plan, and Zoning Text Amendments to Sections 12-7.14, 12-8.15, and 12-49.09 of the Santa Maria Municipal Code to allow exterior noise levels above the 60 decibel limit.  The proposed project would potentially affect multi-family residential developments and residential uses in mixed-use developments, potentially occurring in zoning districts located throughout the City. 

 

On March 19, 2008, the Planning Commission held a public hearing and adopted Resolution No. 2501 recommending the City Council approve a negative declaration for the project and Resolution No. 2502 recommending the City Council amend the Noise Element of the General Plan and adopt an ordinance effecting changes to the Municipal Code.  Both resolutions were adopted on a 5-0 vote.

 

a.   Staff report to be made.   (Acting 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 written protests filed, hearing to be closed.

 

f.    Resolution No. 2008-51 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact, E-2008-007.

 

g.   Resolution No. 2008-52 to be adopted amending the General Plan Noise Element.

 

h.   Ordinance No. 2008-07 approving revisions to Chapters 12-7, 12-8, and 12-49 of the Santa Maria Municipal Code pertaining to noise and outdoor living areas 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

 

7.      AMENDMENT TO THE WEST MAIN STREET SPECIFIC PLAN ON PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WEST MAIN STREET AND SOUTH BLOSSER ROAD, SPZ-2007-003, E-2007-087.  The City Council will consider a recommendation from the Planning Commission regarding an amendment to the West Main Street Specific Plan text and figures to facilitate future development on property located generally on the southwest corner of South Blosser Road and the future westerly extension of Cypress Street, portion of Assessor’s Parcel Number 117-200-018.  The environmental review for this project was completed as part of the Sphere of Influence Project Environmental Impact Report E-88-10.  No further environmental review is necessary.

 

On March 19, 2008, the Planning Commission held a public hearing and adopted Resolution No. 2500 on a 5-0 vote recommending the City Council approve the amendments to the West Main Specific Plan.

 

a.   Staff report to be made.   (Acting 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 written protests filed, hearing to be closed.

 

f.    Resolution No. 2008-53 to be adopted amending the West Main Specific Plan by modifying objectives and recommendations to the text, diagrams and figures contained in Sections 1.0 and 2.0 of the Specific Plan.

 

g.   Ordinance No. 2008-08 amending the West Main Specific Plan by modifying land use development standards text and figures contained in Section 3.0 of the Specific Plan 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

 

8.      PUBLIC HEARING FOR THE 2008 Annual Weed Abatement Program.  The City Council will conduct a public hearing to hear protests against the abatement of public nuisances such as noxious and dangerous weeds, rubbish, refuse, and dirt.

 

a.      Staff report to be made.  (Director of Public Works/City Engineer)

 

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. 2008-54 to be adopted overruling objections to the abatement and authorizing the Streets and Facilities Manager to perform abatement of the nuisances.

 

ROLL CALL:           Council members Orach, Patino, Trujillo, Zacarías, and Mayor Lavagnino

 

 

REGULAR BUSINESS:

 

9.      AREA 9 SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT FUNDING.  The City Council will consider a request to provide up to $250,000 of funding for the preparation of an Environmental Impact Report for the Area 9 Specific Plan to be repaid with interest by property owners as development occurs.

 

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

 

b.      Council discussion.

 

c.      Resolution No. 2008-55 to be adopted approving the appropriation of funds.

 

 

REPORT BY CITY MANAGER:

 

 

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS):

 

 

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, MAY 6, 2008.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE MAY 6TH MEETING IS APRIL 24, 2008.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

April 16, 2008

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

May 12, 2008

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

May 13, 2008

Dorothea Nelson Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

May 13, 2008

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

May 13, 2008

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

May 15, 2008

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

May 19, 2008

City Hall Conference Room

5:30 p.m.