CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

 

 

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

OCTOBER 7, 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.     Presentation Regarding the Rehabilitation of the Santa Maria River Levee and Report on Trip to Washington, D. C. by Mayor Lavagnino.

 

B.    Proclamation declaring the week of October 13 – 18, 2008, as:

 

“PEACE WEEK”

 

in the City of Santa Maria and encouraging members of the public to participate in Peace Week events and to help make the community more peaceful all year long.

 

C.    Proclamation declaring the week of October 5 – 11, 2008, as:

 

“FIRE PREVENTION WEEK”

 

in the City of Santa Maria and urging the people of Santa Maria to create a home exit plan and practice it regularly.

 

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 September 16, 2008.

 

a.      Minutes to be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution approving revisions to the City-wide Records Retention Schedule contained in the adopted Document Management Program.

 

a.      Resolution No. 2008-147 to be adopted approving amendments to the Records Retention Schedule. 

 

D.    Recommendation of City Staff that the City Council accept as complete the public improvements and release a bond for Siena at Westgate, Tract 5892.

 

a.      A Faithful Performance Bond in the amount of $438,000 for the construction and installation of boundary walls to be released with an order that the Contractor, Labor and Material Bond be retained until April 2009.

 

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.

 

G.    Recommendation of City Staff that the City Council adopt a resolution approving the increased AUTOMATED CLEARING HOUSE (ACH) debit and credit limits of $95,000 and establish transaction officers for conducting business with Rabobank.

 

a.      Resolution No. 2008-148 to be adopted approving an increased ACH debit and credit limit for the City. 

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

H.     Recommendation of City Staff that the City Council conduct the second reading of Ordinance NO. 2008-19 repealing the existing Mahoney Ranch Specific Plan dated August 18, 1994, adopting the Mahoney Ranch South Specific Plan dated July 2008 including the revisions to this Specific Plan as directed by the City Council, and adopting the Mahoney Ranch North Specific Plan dated July 2008, and ORDINANCE NO. 2008-20 rezoning 319 acres to be consistent with the Mahoney Ranch South Specific Plan, including the revisions to the Specific Plan as directed by the City Council.

 

a.      Ordinance No. 2008-19 to be adopted repealing the existing Mahoney Ranch Specific Plan and adopting the new Mahoney Ranch South and Mahoney Ranch North Specific Plans.

 

b.      Ordinance No. 2008-20 to be adopted rezoning 319 acres for the Mahoney Ranch South Specific Plan area.

 

LIBRARY DEPARTMENT:

 

I.         Recommendation of City Staff that the City Council adopt a resolution declaring certain old and unusable Equipment in the former Santa Maria Public Library building to be surplus equipment, and authorizing its donation to the Friends of the Santa Maria Public Library, selected local schools and to non-profit organizations.

 

a.      Resolution No. 2008-149 to be adopted declaring certain Library equipment to be surplus and authorizing its disposal.

 

PUBLIC WORKS DEPARTMENT:

 

J.      Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID and approving a contract with Union Asphalt, Inc., for Bid No. 2009/07, Philbric Road Reconstruction.

 

a.      Resolution No. 2008-150 to be adopted awarding the bid and approving the contract with Union Asphalt, Inc., in the amount of $615,969.

 

K.     Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID and approving a contract with Dechance Construction Company, for Bid No. 2009/06, Well #11 Waterline Extension.

 

a.      Resolution No. 2008-151 to be adopted awarding the bid and approving the contract with Dechance Construction Company in the amount of $149,354.

 

L.      Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a THREE-WAY STOP at the intersection of Palisade Drive and Cypress Way and eliminating a three-way stop at the intersection of Palisade Drive and Marian Drive.

 

a.      Resolution No. 2008-152 to be adopted authorizing the establishment of a three-way stop and the elimination of another three-way stop on Palisade Drive.

 

M.    Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a NO STOPPING ZONE AND LIMITED TIME PARKING ZONE on Tama Lane near 1100 Tama Lane.

 

a.      Resolution No. 2008-153 to be adopted authorizing a no stopping zone and limited time parking zone on Tama Lane.

 

4.      APPOINTMENT TO BLOCK GRANTS ADVISORY COMMITTEE.  The City Council will consider making one appointment to the Block Grants Advisory Committee to fill the seat vacated by the resignation of David Francis. 

 

a.      Staff report to be made.  (Chief Deputy City Clerk)

 

b.      Appoint one member to the Block Grants Advisory Committee for an unexpired term which will end in July 2010.  The nomination will be made by Councilmember Patino.  Appointment to be made by the Mayor with ratification by the City Council.  Applications were received from:

 

Nicolette Burke              Kate Ferguson

Edgar Cifuentes            Justin Randall

 

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

 

 

PUBLIC HEARINGS

 

5.      CONTINUED PUBLIC HEARING FOR A ZONING TEXT AMENDMENT TO CHAPTER 8 (RELATING TO HEIGHT AND SETBACKS) OF TITLE 12 OF THE MUNICIPAL CODE, Z-2008-003, E-2008-017.  At the September 16, 2008, City Council meeting, the City Council continued a recommendation from the Planning Commission regarding a negative declaration and an ordinance amending Chapter 8 of Title 12 of the Municipal Code (Zoning Regulations) changing the maximum building height from 35 feet to 45 feet for building sites less than one acre and 70 feet for building sites greater than one acre for properties in the R-3 (High Density Residential) zone, except in designated Specific Plan areas, and directed staff to prepare options to the proposed height increase.

 

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. 2008-154 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact for E-2008-017.

 

g.      Ordinance No. 2008-23 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption approving:

 

1.      Option A – Allow exceptions to the thirty-five foot (35’) maximum height for mixed-use projects up to fifty-five feet (55’), subject to Planning Commission recommendations and City Council approval of specific findings; OR

 

2.      Option B – Allow exceptions to the thirty-five foot (35’) maximum height for mixed-use projects up to seventy feet (70’), subject to Planning Commission recommendations and City Council approval of specific findings; OR

 

3.      Option C – For building sites greater than one acre, exceptions to the thirty-five foot (35’) maximum height may be allowed, up to fifty-five feet (55’), subject to Planning Commission action; OR

 

4.      Option D - Require a rezoning to allow establishing an R-3 Height Overlay that specifies a maximum building height up to seventy feet (70’); OR

 

h.      Option E - Direct staff to prepare a Development Agreement to be executed between the City and the project proponents prior to the issuance of a building permit; OR

 

i.        Option F - Make no change to the existing thirty-five foot (35’) maximum City-wide height limit in the R-3 Zone, excepting Specific Plan areas. 

 

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

 

6.      CONTINUED PUBLIC HEARING FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR LAKEVIEW PROMENADE, GREG NESTER CONSTRUCTION, 3596 SKYWAY DRIVE, GPZ-2006-009, E-2006-070.  At the September 16, 2008, City Council meeting the City Council opened the public hearing, took public testimony, and closed the public hearing concerning a recommendation from the Planning Commission regarding an Environmental Impact Report (EIR), E-2006-070, amendments to the General Plan (Land Use), and amendments to the zoning map.  The proposed amendments would alter the General Plan Land Use designation of 3.76 acres of approximately 9.41 acres of CC (Community Commercial) to HDR (High Density Residential – 22 dwelling units per acre) and change the zoning designation from PD/C-2 (Planned Development/General Commercial) to PD-R-3 (Planned Development/High Density Residential) (5.65 acres will remain with a land use designation of CC and zoning designation of PD/C-2), Assessor’s Parcel Nos. 111-100-008 and -009.  A Planned Development and Tentative Tract Map are being reviewed concurrently which would allow a commercial and residential mixed-use development consisting of nine commercial lots, four residential lots, and 274 airspace condominiums. 

 

On August 20, 2008, the Planning Commission adopted Resolution No. 2524 recommending that the City Council certify the Final Environmental Impact Report and Resolution No. 2525 recommending that the City Council approve a General Plan Amendment and rezoning for the project on a 5-0 vote.

 

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

 

b.   Written communications will be accepted.

 

c.   The public hearing has been closed, no further oral testimony will be accepted.

 

d.   Resolution No. 2008-155 to be adopted certifying the Final Environmental Impact Report (E-2006-070), making CEQA findings, adopting a statement of overriding considerations, and adopting a mitigation monitoring program for the Lakeview Promenade Project.

 

e.   Resolution No. 2008-156 to be adopted approving a General Plan Amendment to change the land use designation of 3.76 acres from CC (Community Commercial) to HDR (High Density Residential – 22 dwelling units per acre), with 5.65 acres remaining with a land use designation of CC (Community Commercial).

 

f.    Ordinance No. 2008-24 rezoning 3.76 acres from PD/C-2 (Planned Development/General Commercial) to PD/R-3 (Planned Development/High Density Residential) with 5.65 acres to remain zoned PD/C-2 (Planned Development/General Commercial) 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

 

 

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, OCTOBER 21, 2008.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE OCTOBER 21ST MEETING IS OCTOBER 9, 2008.

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Block Grants Advisory

Committee

Oct 13, 2008

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Oct 14, 2008

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Oct 14, 2008

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Oct 14, 2008

Library Conference Room

7:00 p.m.

 

 

 

 

Planning Commission

Oct 15, 2008

City Council Chamber

6:30 p.m.

 

 

 

 

Code Compliance Board

Oct 16, 2008

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Oct 20, 2008

City Hall Conference Room

5:30 p.m.