Receipt of Documents
after Distribution of Council Agenda:
Pursuant to SB 343,
documents were received on August 18, 2008, after the distribution of the City
Council Agenda packet. The documents
received are associated with Item No. 4 below and can be reviewed
by selecting the associated Agenda Item link to the Agenda Report.
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CITY HALL COUNCIL CHAMBERS AGENDA OF THE CITY COUNCIL |
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Mayor Larry Lavagnino Mayor Pro Tem Bob Orach Councilmember Alice Patino Councilmember Leo 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 AUGUST 19, 2008 6:30 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,
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 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,
1.
PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS
A.
Resolution
No. 2008-124 to be adopted commending:
retired member of the Block Grants Advisory Committee, for four years of dedicated service to the Committee and volunteering many hours working on various boards and committees in the community.
A.
Recreation
and Parks Department Volunteers of the Month for August 2008:
JUSTIN BRUNER, MANUAL CASTRO, AND JUSTIN LIEBERMAN
for their work in helping
staff design, install, and maintain an 18-hole disk golf course in
B.
Presentation
of the quarterly “GOING THE EXTRA MILE
(GEM)” Award to:
Planning Division Manager
for her “can do”
attitude and leadership in guiding the department through an exceptionally busy
period while the director was seriously ill and absent for several weeks. She held firmly to the City’s core mission
that the public’s needs come first, and rose to the
occasion in an exemplary manner.
C.
Presentation
by Student Ambassadors from local high schools recently returned from
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,
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
August 5, 2008.
a.
Minutes to be approved.
C.
Recommendation of City Staff that the City Council
accept as complete the public improvements consisting of the installation of 67
street and easement trees and authorize the RELEASE OF A BOND
for Betteravia Business Plaza, Tract 5826.
a.
A Faithful Performance Bond in the amount of
$6,746.90 to be released.
D.
Recommendation of City Staff that the City Council
accept as complete the public improvements consisting of construction and
installation of boundary walls and the installation of 84 street and easement
trees and authorize the RELEASE OF BONDS for Westfield at
Pacific Crest Airspace Condominiums, Tract 5899.
a.
A Faithful Performance Bond in the amount of
$235,233 for boundary walls to be released with an order that the Contractor,
Labor and Material Bond be retained until February 2009.
b.
A Faithful Performance Bond in the amount of
$21,000 for trees to be released.
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.
PUBLIC WORKS DEPARTMENT:
G.
Recommendation of City Staff that the City
Council give approval to CALL FOR BIDS for Bid No. 2009/07,
Philbric Road Reconstruction.
a.
Approval to call for bids to be granted.
H.
Recommendation of City Staff that the City
Council adopt a resolution approving the subdivision map and agreement for NEWLOVE GARDENS, Tract 5910, generally located south of
Newlove Drive, west of College Drive, east of Miller Street, and north of
Sequoia Drive.
a.
Resolution No. 2008-125 to be adopted approving
the subdivision map and agreement.
I.
Recommendation of City Staff that the City
Council conduct the second reading of and adopt ORDINANCE NO.
2008-16 establishing speed limits on McClelland Street between Cook Street
on the north and Jones Street on the south at twenty-five (25) miles per hour
and on East Main Street between Suey Road on the west and the easterly City
limits on the east at forty-five (45) miles per hour.
a.
Ordinance No. 2008-16 to be adopted.
UTILITIES DEPARTMENT:
J. Recommendation of City Staff that the City Council adopt a resolution authorizing the City Manager to enter into a PROFESSIONAL SERVICES AGREEMENT for a period of one year with Van Scoyoc Associates to provide comprehensive Federal lobbying services.
a. Resolution No. 2008-126 to be adopted approving a Professional Services Agreement with Van Scoyoc Associates.
PUBLIC HEARINGS:
3.
GENERAL PLAN
AMENDMENT, ZONE CHANGE, AND SPECIFIC PLAN AMENDMENTS FOR THE MAHONEY RANCH
SOUTH PROJECT, LOCATED AT 2910 BLACK ROAD, GPZ-2006-006, SPZ-2006-002,
E-2006-019, (319 ACRES). The City Council will
consider a recommendation from the Planning Commission regarding the
certification of the Final Environmental Impact Report (FEIR); an amendment to
the General Plan–Circulation Element to realign roads and reduce road
right-of-way requirements; repeal of the 460-acre Mahoney Ranch Specific Plan
and adoption of two specific plans in its place, to include the 319-acre
Mahoney Ranch South Specific Plan and the 141-acre Mahoney Ranch North Specific
Plan; and rezone of Assessor's Parcel Nos. 111-130-006 and 111-140-007 to be
consistent with the Mahoney Ranch South Specific Plan land use and zoning
designations. The Mahoney Ranch South
Specific Plan proposes development of up to 1,405 dwelling units on 191 acres,
106 acres of passive open space, 17 acres for a joint-use school/neighborhood
park facility, and five (5) acres for a neighborhood-serving commercial site.
The land uses proposed by the new Mahoney Ranch North Specific Plan would not
be changed from the Mahoney Ranch Specific Plan to be repealed, although minor
editorial changes to the Specific Plan text are proposed.
On July 2, 2008, the Planning Commission unanimously
adopted Resolution No. 2517 recommending
that the City Council certify the Final Environmental Impact Report, make CEQA
findings, adopt a statement of overriding considerations and adopt a mitigation
monitoring program; Resolution No. 2518 recommending the City Council amend the
General Plan Circulation Element; Resolution No. 2519 recommending the City
Council repeal the Mahoney Ranch Specific Plan, adopt the Mahoney Ranch North
Specific Plan, and adopt the Mahoney Ranch South Specific Plan; and Resolution
No. 2520 recommending the City Council adopt an ordinance rezoning the 319
acres of the Mahoney Ranch South project.
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. 2008-127 to be adopted certifying the Mahoney Ranch South Specific Plan Final Environmental Impact Report (E-2006-019), making CEQA findings, adopting a statement of overriding considerations, adopting a mitigation monitoring program, and finding that no further environmental review is necessary for the Mahoney Ranch North Specific Plan.
h. Ordinance No. 2008-17 repealing the existing Mahoney Ranch Specific Plan in its entirety, adopting the new Mahoney Ranch South Specific Plan, and adopting the new Mahoney Ranch North Specific Plan to be introduced by title only for first reading and continued to the next meeting for second reading and adoption.
i. Ordinance No. 2008-18 rezoning 319 acres for Black Ranch Road, LLC, Mahoney Ranch South Specific Plan Project from 122 acres of PD/R-1 9,000 (Planned Development/Single-Family Residential - 9,000 square foot minimum lot size); 68 acres of PD/R-1 6,000 (Planned Development/Single-Family Residential - 6,000 square foot minimum lot size); 30 acres of PD/RSL-1 (Planned Development/Small-lot Single-Family Residential - 4,500 square foot minimum lot size); 52 acres of PD/R-2 (Planned Development/Medium-Density Residential); 7 acres of PD/CC (Planned Development/ Convenience Center); and 34 acres of PD/OS (Planned Development/Open Space) to 46.3 acres of PD/R-1; 81.7 acres of PD/RSL-1; 48.7 acres of PD/R-2; 13.9 acres of PD/R-3 (Planned Development/High-Density Residential); 5.2 acres of PD/CC; 16.8 acres of PD/PF (Planned Development/Public Facilities; and 106.4 acres of PD/OS 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,
REGULAR BUSINESS:
4.
ENTERTAINMENT LICENSE FOR LOS TRES
AMIGOS HERRERA. The
City Council will consider a recommendation of City Staff to adopt a resolution
denying modifications to an existing ENTERTAINMENT LICENSE for Los Tres Amigos
Herrera, located at
a.
Staff report to be made. (Director of Administrative Services)
b.
Council discussion.
c.
Resolution No. 2008-129 to be adopted denying
modifications to an existing Entertainment License for Los Tres Amigos Herrera.
5.
FINDING OF PUBLIC CONVENIENCE IN THE
MATTER OF THE ISSUANCE OF A TYPE 20 (OFF-SALE BEER AND WINE) ALCOHOLIC BEVERAGE
LICENSE FOR TRADER JOE’S, 1321 S. BRADLEY ROAD. The City Council will consider
making findings and a determination that public convenience will be served by
the issuance of an Alcoholic Beverage License for the sale of packaged beer and
wine at Trader Joe’s to be located at
a.
Staff report to be made. (Director of Community Development)
b.
Council discussion.
c. A finding of public convenience to be made.
6. DISCUSSION OF STREET
VENDING. The City Council will
discuss possible options regarding regulating flower and other street vendors
within the City of
a.
Staff report to be made. (
b. Council discussion.
c. Direction to staff to be given.
7. FINANCIAL REPORT FOR FOURTH QUARTER ENDING JUNE 30, 2008. The City Council will consider the quarterly financial report for the fourth and final quarter of Fiscal Year 2007-08.
a. Staff report to be made. (Director of Administrative Services)
b. Council discussion.
c. Receive and file the Quarterly Financial Report.
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
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CITY CALENDAR |
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BOARD/ COMMISSION |
NEXT MEETING |
MEETING
PLACE |
MEETING
TIME |
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Planning
Commission |
Aug 22,
2008 |
City
Council Chamber |
6:30 p.m. |
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Block
Grants Advisory Committee |
Sept 8,
2008 |
City Hall
Conference Room |
5:30 p.m. |
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Landmark
Committee |
Sept 9,
2008 |
City Hall Conference Room |
4:00 p.m. |
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Recreation
and Parks Commission |
Sept 9,
2008 |
City Council Chambers |
6:30 p.m. |
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Library
Board |
Sept 9,
2008 |
Library Conference Room |
7:00 p.m. |
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Code
Compliance Board |
Sept 11,
2008 |
City Council Chambers |
4:00 p.m. |
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Sept 15,
2008 |
City Hall Conference Room |
5:30 p.m. |
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