CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

AND REDEVELOPMENT AGENCY

 

Mayor Larry Lavagnino

Mayor Pro Tem Bob Orach

Councilmember Alice Patino

Councilmember Leo Trujillo

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 2, 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

 

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 18, 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.

 

PUBLIC WORKS DEPARTMENT:

 

E.     Recommendation of City Staff that the City Council conduct the second reading by title only and adopt ORDINANCE NO. 2008-28 establishing speed limits on the following five new road segments:  Battles Road between Blosser Road on the east and “A” Street on the west - 40 mph; Battles Road between Depot Street on the east and Blosser Road on the west - 40 mph; Bradley Road between Battles Road on the north and Betteravia Road on the south - 45 mph; Sonya Lane between Pergola Street on the east and Blosser Road on the west - 30 mph; and Western Avenue between Battles Road on the north and Carmen Lane on the south - 30 mph. 

 

a.      Ordinance No. 2008-28 authorizing the establishment of speed limits to be adopted.

 

F.     Recommendation of City Staff that the City Council approve the Notice of Contract Completion for South College Drive Intersection Improvements, Bid No. 2009/02.

 

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

 

G.    Recommendation of City Staff that the City Council adopt a resolution ABANDONING the public alley which is no longer needed at the southwest corner of Barcellus Avenue and Bluebird Avenue.

 

a.      Resolution No. 2008-176 to be adopted abandoning a public alley

 

PUBLIC HEARINGS:

 

4.      PLANNED DEVELOPMENT PERMIT FOR THE LAKEVIEW PROMENADE PROJECT LOCATED AT THE NORTHWEST CORNER OF SKYWAY DRIVE AND ORCUTT EXPRESSWAY (STATE ROUTE 135), ASSESSOR’S PARCEL NOS. 111-100-008 AND -009 (9.4 ACRES).   The City Council will consider a recommendation from the Planning Commission to approve a Planned Development Permit for the Lakeview Promenade mixed use project which will consist of a mix of mutually-supportive high-density residential and pedestrian-oriented commercial uses including up to 263 airspace condominiums, approximately 40,000 square feet of retail space, approximately 14,000 square feet for restaurant use, approximately 14,000 square feet for use as a spa/fitness/physical health care facility, and a 250 seat movie theater. 

 

On November 5, 2008, the Planning Commission conducted a public hearing and adopted Resolution No. 2532 on a 5-0 vote recommending the City Council approve the Lakeview Promenade Planned Development Permit.

 

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. 2008-177 to be adopted approving Planned Development Permit, PD-2006-024, subject to the conditions outlined.

 

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

 

5.      AMENDMENT TO TITLE 12 OF THE MUNICIPAL CODE PERTAINING TO THE ESTABLISHMENT OF A NEW ZONING DISTRICT – HIGHWAY COMMERCIAL (HC) – AND ADDING THE HC ZONE TO ONE OR MORE CORRESPONDING LAND USE DESIGNATIONS, GP-2008-003, Z-2008-006, E-2008-043.  The City Council will consider a recommendation from the Planning Commission to adopt a Negative Declaration of Environmental Impact, amend the General Plan Land Use Element to establish a Highway Commercial District as a corresponding zone in the Freeway Services (FS) designation; and adopt an ordinance to establish the Highway Commercial Zoning District as Chapter 12-13A of the Santa Maria Municipal Code which would apply only to parcels located within 1,250 feet of the U. S. Highway 101 right-of-way.

 

On October 15, 2008, the Planning Commission voted 4-0, with Commissioner Moats absent, to adopt Resolution No. 2530 recommending that the City Council approve a Negative Declaration of Environmental Impact and amend the General Plan, and Resolution No. 2531 recommending the City Council adopt an ordinance creating a new zoning district.

 

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. 2008-178 to be adopted approving a Negative Declaration of Environmental Impact for E-2008-043.

 

g.      Resolution No. 2008-179 to be adopted amending the General Plan Land Use Element to establish the Highway Commercial District as a corresponding zone in the Freeway Services (FS) designation.

 

h.      Ordinance No. 2008-29 establishing the Highway Commercial Zoning District as Chapter 12-13A of the Santa Maria Municipal Code 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:

 

6.      PROPOSED ORDINANCE REGULATING CONDUCT AT THE CITY OF SANTA MARIA PUBLIC LIBRARY.  The City Council is requested to consider a proposed ordinance that would establish rules of conduct at the new Public Library to provide a safe, comfortable and convenient environment for the greatest use and enjoyment by all patrons and staff.

 

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

 

b.   Council discussion.

 

c.   Ordinance No. 2008-30 regulating conduct at the Library 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.      ORCUTT WATER SALES:  REQUEST FOR COUNCIL DIRECTION TO PROVIDE WATER TO ORCUTT REGARDLESS OF LAND USE.  Council is requested to provide direction to staff on whether the Council desires to continue limiting the sale of water to Orcutt to residential developments only.

 

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

 

b.   Council discussion.

 

c.   Direction to staff to be given.

 

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 – LIABILITY CLAIMS pursuant to Subdivision (a) of Government Code Section 54956.95

 

Claimants:                                  Raymond Jensen, City Claim No. 2006-55, and Julie Jensen, City Claim No. 2007-10

 

Agency Claimed Against:      City of Santa Maria

                                                 

CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6 of the Government Code.

 

Agency Representative:        Assistant City Manager

 

Employee Organization:        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 16, 2008.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE DECEMBER 16TH MEETING IS DECEMBER 4, 2008.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Dec 3, 2008

City Council Chamber

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Dec 8, 2008

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Dec 9, 2008

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Dec 9, 2008

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Dec 9, 2008

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Dec 11, 2008

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Dec 15, 2008

City Hall Conference Room

5:30 p.m.