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

SEPTEMBER 16, 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.     Resolution No. 2008-133 to be adopted recognizing and commending:

 

FRANK REYES

 

Fire Captain with the Santa Maria Fire Department for his 32 years of outstanding service to the City and congratulating him on his retirement.

 

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

 

B.     Recreation and Parks Department Volunteer of the Month for September 2008:

 

SARAH SCHWAB

 

for her participation in the Junior Lifeguard Program and her assistance at the Paul Nelsen Aquatic Center.

 

C.          Proclamation declaring the week of September 17 - 23, 2008, as:

 

“CONSTITUTION WEEK” 

 

in the City of Santa Maria and urging all residents to reaffirm the ideals the Framers of the Constitution had in 1787.

 

D.          Proclamation declaring the week of September 15 – 21, 2008, as:

 

“SUICIDE PREVENTION WEEK”

 

in the City of Santa Maria.


E.           Proclamation declaring the month of September 2008 as:

 

“NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH”

 

in the City of Santa Maria and encouraging all residents to support men, women and youth who are in drug and alcohol addiction treatment and recovery along with their families.

 

 

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 2, 2008.

 

a.      Minutes to be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution authorizing the reporting of Employee Paid Member Contribution (EPMC) benefits to the California Public Employees Retirement System (CalPERS) as special compensation for retirement purposes for full-time Local 620 Service Employees International Union (SEIU) Employees.

 

a.      Resolution No. 2008-134 to be adopted authorizing the reporting of EPMC for full-time SEIU Employees. 

 

D.    Recommendation of City Staff that the City Council adopt a resolution approving an amendment to the agreement between the County of Santa Barbara and the City of Santa Maria for ANIMAL CONTROL SERVICES for fiscal years 2008-09 and 2009-10.

 

a.      Resolution No. 2008-135 to be adopted approving an agreement with the County for Animal Control Services.

 

E.     Recommendation of City Staff that the City Council accept as complete the public improvements consisting of the installation of 47 street and easement trees, including their maintenance for one year, and authorize the RELEASE OF A BOND for Crossroads Cottages II, Tract 5813.

 

a.      A Faithful Performance Bond in the reduced amount of $100 to be released.

 

F.     Recommendation of City Staff that the City Council accept as complete the public improvements consisting of the installation of 466 street and easement trees, including their maintenance for one year, and authorize the RELEASE OF A BOND for Rose Garden Village II, Tract 5836.

 

a.      A Faithful Performance Bond in the amount of $78,143.20 to be released.

 

G.    Recommendation of City Staff that the City Council accept as complete certain public improvements and authorize the RELEASE OF BONDS for Country Club Professional Park, Tract 5647.

 

a.      A Faithful Performance Bond in the amount of $167,310 for the installation of Broadway improvements to be released with an order that the Contractor, Labor and Material Bond be retained until March 2009 and the Guarantee and Defective Material Bond be retained until September 2009.

 

b.      A Faithful Performance Bond in the amount of $59,218.89 for landscaping and irrigation improvements to be released with an order that the Contractor, Labor and Material Bond be retained until March 2009 and the Planting and Irrigation Maintenance Bond be retained until September 2009.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

H.     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.

 

I.         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.

 

LIBRARY DEPARTMENT:

 

J.      Recommendation of City Staff that the City Council adopt a resolution approving an agreement with the County of Santa Barbara for the operation of a COUNTYWIDE FREE LIBRARY SYSTEM for fiscal years 2008-09 and 2009-10.

 

a.      Resolution No. 2008-136 to be adopted approving an agreement with the County for the Free Library System.

 

POLICE DEPARTMENT:

 

K.     Recommendation of City Staff that the City Council adopt a resolution authorizing the appropriation of $307,274 to be allocated to the Santa Maria Police Department under the provisions of the OFFICE OF TRAFFIC SAFETY (OTS) GRANT AL0979, in concert with the terms and conditions contained therein.

 

a.      Resolution No. 2008-137 to be adopted authorizing the allocation.

 

PUBLIC WORKS DEPARTMENT:

 

L.      Recommendation of City Staff that the City Council accept as complete the public improvements and approve the NOTICE OF CONTRACT COMPLETION for Alvin Avenue and Railroad Avenue Traffic Signal, Bid No. 2008/03, and authorize the Chief Deputy City Clerk to record same.

 

a.      Notice of Contract Completion to be approved.

 

M.    Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID and approving a contract with G. Sosa Construction, Inc., for Bid No. 2009/05, Safe Routes to School – Alvin Elementary School.

 

a.      Resolution No. 2008-138 to be adopted awarding the bid and approving the contract with G. Sosa Construction, Inc.

 

N.     Recommendation of the Traffic Committee that the City Council adopt a resolution establishing NO STOPPING ZONES near 2712 Airpark Drive.

 

a.      Resolution No. 2008-139 to be adopted authorizing the no stopping zones.

 

O.    Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a LIMITED TIME (two-hour) PARKING ZONE in the 800 block of West Main Street.

 

a.      Resolution No. 2008-140 to be adopted authorizing the limited time parking zones on West Main Street.

 

UTILITIES DEPARTMENT:

 

P.     Recommendation of City Staff that the City Council adopt a resolution authorizing the City Manager, or his designee, to enter into a FOURTH ADDENDUM to amend the Supplemental Water Agreement between the City and the Orcutt Aquacenter to allow for a payment program to pay the total purchase price and expense payment for the right to acquire water.

 

a.      Resolution No. 2008-141 to be adopted approving the fourth addendum to the Supplemental Water Agreement with the Orcutt Aquacenter.

 

 

PUBLIC HEARINGS

 

4.      CONTINUED PUBLIC HEARING FOR A 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).  [Agenda Report Attachments 1-4]  [Agenda Report Attachments 5-8]  On August 19, 2008, the City Council continued without discussion, a public hearing 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; 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. 2008-142 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.  [Resolution Exhibits A-B]  [Resolution Exhibits C-D]

 

g.      Resolution No. 2008-143 to be adopted approving a General Plan Amendment (Circulation Element) for property located west of the Santa Maria Public Airport, East of Black Road, and north of the Tanglewood area.

 

h.      Ordinance No. 2008-19 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. 2008-20 rezoning 319 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, Trujillo, Zacarías, and Mayor Lavagnino

 

 


5.      ZONING TEXT AMENDMENT TO CHAPTER 8 (RELATING TO HEIGHT AND SETBACKS) OF TITLE 12 OF THE MUNICIPAL CODE, Z-2008-003, E-2008-017.  [Agenda Report Attachments A-C]  [Agenda Report Attachment D]  The City Council will consider 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 outside adopted Specific Plan areas, and adding setback guidelines to correspond to the building heights in the R-3 (High Density Residential) zone.

 

On August 20, 2008, the Planning Commission adopted Resolution 2522 recommending that the City Council adopt a negative declaration of environmental impact for E-2008-017, and Resolution No. 2523 recommending that the City Council approve the revisions to Chapter 8 of Title 12 of the Santa Maria Municipal Code on a 4-0-1 vote with Commissioner Lopez abstaining.

 

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. 2008-144 to be adopted authorizing the filing of a Negative Declaration of Environmental Impact for E-2008-017.

 

g.      Ordinance No. 2008-21 changing the maximum building heights and setback requirements for certain areas in the R-3 zone 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.      GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR LAKEVIEW PROMENADE, GREG NESTER CONSTRUCTION, 3596 SKYWAY DRIVE, GPZ-2006-009, E-2006-070.  [Agenda Report Attachments 1-8]  The City Council will consider 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.

 

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. 2008-145 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.

 

g.      Resolution No. 2008-146 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).

 

h.      Ordinance No. 2008-22 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):

 

 

CLOSED SESSION:     The City Council will recess to a Closed Session to discuss:

 

CONFERENCE WITH LEGAL COUNSEL -  ANTICIPATED LITIGATION.  Significant exposure to litigation pursuant to subsection (b) of Government Code Section 54956.9: (1 potential case).

 

 

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 7, 2008.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE OCTOBER 7TH MEETING IS SEPTEMBER 25, 2008.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Sept 17, 2008

City Council Chamber

6:30 p.m.

 

 

 

 

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.

 

 

 

 

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.