Receipt of Documents after Distribution of Council Agenda:

Pursuant to SB 343, document was received on August 12, 2016, after the distribution of the City Council Agenda packet.  The document received is associated with Item No. 8 below and can be reviewed by selecting the associated Agenda Item link to the Agenda Report.

 

AGENDA OF THE CITY COUNCIL

CITY OF SANTA MARIA, CALIFORNIA

 

  CITY HALL COUNCIL CHAMBERS 

110 E. COOK STREET

 

 

Mayor Alice Patino

Mayor Pro Tem Etta Waterfield

Councilmember Jack Boysen

Councilmember Bob Orach

Councilmember Terri Zuniga

City Manager Rick Haydon

City Attorney Gil Trujillo

City Clerk Patti Rodriguez

Chief Deputy City Clerk Rhonda Garietz, CMC, Ex-Officio Clerk of the City Council

AUGUST 16, 2016

REGULAR MEETING, 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.

 

To receive reasonable accommodation under the Americans with Disabilities Act during the meeting, please notify the City Clerk’s office of your needs during business hours at least 48 hours in advance of the meeting (typically before 5 p.m. on the Friday before the meeting).  The City Clerk’s office is at 110 East Cook Street, Santa Maria, Room 3; telephone (805) 925-0951, extension 2307.  The City will give primary consideration to your request in providing assistance.  Examples of assistance may include exhibits in large-sized format, use of assisted listening equipment, use of the California Relay Service, texting by cellular phone, or the services of a live interpreter.

 

Assisted listening 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 2307 by 1:00 p.m. on Monday before the meeting.  Equipo también puede ser utilizado para la asistencia de traducción para esas personas que solamente hablan español.  Para permitirle a la Ciudad que coordine y solicite un traductor de un grupo de voluntarios, llame al 925-0951 extensión 2307 a la 1:00 de la tarde el lunes antes de la junta.

 

 

INVOCATION:

 

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

 

CALL TO ORDER:   Mayor Patino

ROLL CALL:             Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

 

 

1.   PROCLAMATIONS/PRESENTATIONS:

 

      There are no 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 items within the subject matter jurisdiction of the City Council 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 Boysen, Orach, Waterfield, Zuniga, and Mayor 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 2, 2016.

 

a.     Minutes to be approved.

 

      FINANCE 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 Finance.

 

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 Finance, and having been approved for payment by the Director of Finance.

 

COMMUNITY DEVELOPMENT

 

E.  Recommendation of City staff that the City Council adopt a resolution delegating authorization to execute Fund Transfer Agreements and Amendments with the California Department of Transportation (Caltrans) for the Downtown Multimodal Streetscape Plan.

     

a.   Resolution No. 2016-106 to be adopted.

 

POLICE DEPARTMENT

 

F.   Recommendation of City staff that the City Council adopt a resolution approving the donation of six (6) bicycles to the City of Santa Maria Police Department from the Santa Maria Police Council, and directing the City Manager’s Office to prepare a letter of acknowledgement.

 

a.   Resolution No. 2016-107 to be adopted.

 

PUBLIC WORKS

 

G.  Recommendation of City staff that the City Council adopt a resolution approving a contract with RDZ Contractors for the Betteravia Road Improvements: Thornburg Street to Blosser Road, Bid No. 2016/08 in the amount of $261,130.94.

                             

a.   Resolution No. 2016-108 to be adopted.

 

H.  Recommendation of City staff that the City Council adopt a resolution approving a contract with Central Coast Remedial Resources, Inc., for the Santa Maria Regional Landfill Multi-Year NHIS Rolling Closure, Bid No. 2016/07 in the amount of $2,244,586 over a five-year period.

                             

a.   Resolution No. 2016-109 to be adopted.

 

RECREATION AND PARKS

 

I.    Recommendation of City staff that the City Council adopt a resolution setting the 2016 values for land zoned as Open Space or Public Facilities and the Subdivision In-Lieu Fee.

     

a.   Resolution No. 2016-110 to be adopted.

 

J.   Recommendation of City staff that the City Council adopt a resolution awarding a contract to J.D. Humann Landscaping, Inc. for citywide Landscape Maintenance Districts and Special Benefit zones.

 

a.   Resolution No. 2016-111 to be adopted.

 

UTILITIES

 

K.  Recommendation of City staff that the City Council adopt a resolution authorizing the Director of Utilities to enter into an Agreement with Valley Garbage and Rubbish Company, Inc., doing business as Health Sanitation Service, for processing commingled recyclables for the City of Santa Maria.

     

a.   Resolution No. 2016-112 to be adopted.

 

L.   Recommendation of City staff that the City Council adopt a resolution authorizing and directing the Mayor of the City of Santa Maria to execute a letter of support to the County of Santa Barbara for the reacquisition of Suspended Table “A” State Water.

     

a.   Resolution No. 2016-113 to be adopted.

 

 

APPOINTMENTS

 

4.  APPOINTMENTS TO THE RECREATION & PARKS COMMISSION AND THE SANTA MARIA COMMUNITY TELEVISION BOARD.  The City Council will consider making appointments to the Recreation & Parks Commission and the Santa Maria Community Television Board.

 

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

 

b.   Appoint one member to the Recreation & Parks Commission to fill an unexpired term ending in January 2019.   Nominations to this Commission are made by individual Councilmembers, appointed by the Mayor, and confirmed by the City Council.  Applications were received from Ann Batterson, Greg Burtnett, and Jeanne Sparks. 

 

            Nomination to be made by: Councilmember Boysen.

 

c.   Appoint one member to the Santa Maria Community Television Board to fill an unexpired term ending in January 2018.  Appointments are to be made by the Mayor and confirmed by the City Council.   One application was received from Kathy Staples. 

 

            Appointment to be made by: Mayor Patino.

 

ROLL CALL:  Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

 

 

PUBLIC HEARING

 

5.   TO BE CONTINUED TO SEPTEMBER 6, 2016 - TOBACCO USE IN CITY PARKS/PUBLIC SPACES.  The City Council will consider an ordinance revising Santa Maria Municipal Code Chapter 5-7 to prohibit the use of tobacco products in all areas of City parks and public spaces.

 

6.   WINDSET FARMS DEVELOPMENT AGREEMENT. The City Council will consider a recommendation of the Planning Commission to approve a Development Agreement (DA2016-0002) for Phase 4 that supersedes Windset Farms’ previous Development Agreement (Phases 1-3).

 

At its regular meeting on August 3, 2016, the Planning Commission voted 3-0-2 (Absent: Commissioners Pratt and Dickerson) to recommend that the City Council approve the Development Agreement for Windset Farms Phase 4.

 

a.   Staff report to be made.   (Assistant City Attorney)

 

b.   Applicant comments.

 

c.   Written communications.

 

d.   Open public hearing, those in favor to be heard.

 

e.   Those in opposition to be heard.

 

f.    After all persons have been heard, and all communications filed, hearing to be closed.

 

g.   Council discussion.

 

h.   Ordinance No. 2016-17 to be introduced for first reading, and continued to the next meeting for second reading and adoption, approving a Development Agreement with Windset Farms, DA2016-0002, located on the east side of Black Road between the future Sonya Lane and Carmen Lane extensions.

 

      ROLL CALL:   Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

 

7.   LOS PRIMOS MARKET mixed-USE PERMIT.  The City Council will consider a recommendation of the Planning Commission to approve a Conditional Use Permit (U2016-0006) for Los Primos Market to allow a mixed use project with an existing 1,642 square foot market, 870 square foot addition and one existing single family dwelling at 501 South Lincoln Street on a 0.27 acre site in the R-3 (High Density Residential) zoning district.   

 

At its regular meeting of July 20, 2016, the Planning Commission voted 5-0 to recommend that the City Council approve Conditional Use Permit U2016-0006.

 

a.   Staff report to be made.   (Planning Division Manager)

 

b.   Applicant comments.

 

c.   Written communications.

 

d.   Open public hearing, those in favor to be heard.

 

e.   Those in opposition to be heard.

 

f.    After all persons have been heard, and all communications filed, hearing to be closed.

 

g.   Council discussion.

 

h.   Resolution No. 2016-114 to be adopted approving a mixed use conditional use permit with a setback reduction for Los Primos Market at 501 South Lincoln Street.

 

      ROLL CALL:   Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

8.   APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A CONDITIONAL USE PERMIT for golden bear winery.  The City Council will consider an appeal by Jonathan Sinor/JD Fabrications of the Planning Commission’s approval of a Conditional Use Permit for Golden Bear Winery to allow wine tasting and events at an existing wine production facility at 2115 South Blosser Road on a 2.0 acre site in a PD/CM (Planned Development/Commercial/Manufacturing) zoning district.

At its regular meeting on July 6, 2016, the Planning Commission voted 4-1 (Noes: Commissioner Seifert) to approve a Conditional Use Permit for Golden Bear Winery to allow wine tasting and events at an existing wine production facility on a 2.0 acre site in a PD/CM (Planned Development/Commercial/Manufacturing) zoning district.

 

a.   Staff report to be made.   (Planning Division Manager)

 

b.   Appellant’s comments (JD Fabrication).

 

c.   Applicant’s comments (Golden Bear Winery).

 

d.   Written communications.

 

e.   Open public hearing, those in favor to be heard.

 

f.    Those in opposition to be heard.

 

g.   After all persons have been heard, and all communications filed, hearing to be closed.

 

h.   Council discussion.

 

i.    Resolution No. 2016-115 to be adopted upholding the Planning Commission’s approval of the Golden Bear Winery Conditional Use Permit at 2115 South Blosser Road, Unit 114.

 

OR

 

j.    Resolution No. 2016-115 to be adopted overturning the Planning Commission’s approval of the Golden Bear Winery Conditional Use Permit at 2115 South Blosser Road, Unit 114.

 

      ROLL CALL:   Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

 

9.   INTERIM URGENCY ORDINANCE REGARDING CANNABIS MANUFACTURING, TESTING, AND DISTRIBUTION.  The City Council will consider adopting an urgency ordinance to establish a moratorium on the manufacturing, processing, laboratory testing, labeling, and storing of cannabis; and introduce for first reading, and continue to the next meeting for second reading and adoption, an ordinance establishing a moratorium on same.

 

a.   Staff report to be made.   (Assistant City Attorney)

 

b.   Written communications.

 

c.   Open public hearing, 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.    Council discussion.

 

g.   Urgency Ordinance No. 2016-18 to be adopted to establish a moratorium on the manufacturing, processing, laboratory testing, labeling, and storing of cannabis.

 

h.   Ordinance No. 2016-19 to be introduced for first reading, and continued to the next meeting for second reading and adoption, establishing a moratorium on the manufacturing, processing, laboratory testing, labeling, and storing of cannabis.

 

      ROLL CALL:   Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

 

 

REGULAR BUSINESS

 

10. FINANCIAL REPORT FOR THE FOURTH QUARTER ENDING JUNE 30, 2016.  The City Council will receive the Quarterly Financial Report for the Fourth Quarter of 2015-16; and adopt a resolution approving Budget Amendments to the 2015-16 fiscal year and authorizing the City Manager to implement same.

 

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

 

b.   Public input.

 

c.   Council discussion.

 

d.   Resolution No. 2016-116 to be adopted approving budget amendments to the 2015-16 fiscal year and authorizing the City Manager to implement same.

 

      ROLL CALL:   Councilmembers Boysen, Orach, Waterfield, Zuniga, and Mayor Patino

 

 

REPORT BY CITY MANAGER:

 

 

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

 

 

RECESS:    THE CITY COUNCIL WILL IMMEDIATELY RECESS TO A CLOSED SESSION FOR THE FOLLOWING:

 

1)     CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9 Subdivision (d)(1) of the Government Code. Connie Mascarenas v. City of Santa Maria, et al., United States District Court, Central District, Case No. CV 15-5308

 

                                         

ADJOURNMENT:

 

 

ANNOUNCEMENTS:

 

CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON COMCAST CABLE TELEVISION CHANNEL 23 AND ARE REBROADCAST AT 9:00 A.M. ON THE NEXT THURSDAY AND ON THE FOLLOWING TUESDAY AT 6:30 P.M.  COUNCIL MEETING VIDEOS ARE ALSO AVAILABLE FOR VIEWING ON THE CITY’S WEBSITE.  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 MEETING OF THE CITY COUNCIL WILL BE HELD ON TUESDAY, SEPTEMBER 6, 2016. THE DEADLINE FOR SUBMITTING ITEMS FOR THE SEPTEMBER 6th MEETING IS WEDNESDAY, AUGUST 17, 2016.

 

Materials Submitted After Distribution of Packet – Materials related to an item on this agenda submitted after distribution of the agenda packet will be available for public inspection during normal business hours in the City Clerk’s Office, 110 E. Cook Street, Rm. 3, Santa Maria.  Subject to the ability to post the documents prior to the meeting, such documents will also be available on the City’s website at http://www.cityofsantamaria.org/city-government/departments/city-clerk-records/council-agenda-information and selecting the Current City Council Agenda link.  A notification will be added to the online agenda to indicate that agenda materials were received after distribution of the agenda packet.

 

CITY CALENDAR

 

BOARD/COMMISSION

NEXT MEETING

MEETING PLACE

   TIME

 

 

 

 

Planning Commission

 Aug. 17, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

City Council

 Sept. 06, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Planning Commission

 Sept. 07, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory Committee

 Sept. 12, 2016

City Hall Conference Room

5:30 p.m.

 

 

 

 

Library Board

 Sept. 13, 2016

Library Conference Room

1:00 p.m.

 

 

 

 

*Recreation and Parks Commission

 Sept. 13, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Landmark Committee

 Sept. 13, 2016

Library Study Room #C

4:00 p.m.

 

 

 

 

*The regularly scheduled 4:00 p.m. Recreation and Parks Commission meeting is being changed to 6:30 p.m. for this meeting only.