Receipt of Documents after Distribution of Council Agenda:

Pursuant to SB 343, a document was received on January 19, 2016, after the distribution of the City Council Agenda packet.  The document received is  associated with Item No. 4  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

BoatColr

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

JANUARY 19, 2016

CLOSED SESSION, 5:30 P.M.

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 what you need 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 307.  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 307 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 307 a la 1:00 de la tarde el lunes antes de la junta.

 

CALL TO ORDER:      Mayor Patino

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

 

 

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. 

 

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.  Environment In The Public Interest, a California nonprofit; and San Luis Obispo Coastkeeper v. City of Santa Maria, U.S. District Court, Central Division of California, Case No. 2:15-cv-08600

 

2)      CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9 of Subdivision (d)(1) the Government Code.  Ruben Flores v. City of Santa Maria, WCAB Case No. ADJ7412624.

 

3)      CONFERENCE WITH LEGAL COUNSEL – WORKER’S COMPENSATION CLAIM pursuant to Section 54956.95 of Subdivision (d)(1) the Government Code.  Claimant:  Carlos Rollon (Claim No. SATM-547928); Agency Claimed Against:  City of Santa Maria.

 

4)      CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9 of Subdivision (d)(1) the Government Code.  Sally Nunes v. City of Santa Maria, WCAB Case No. ADJ9567706

 

5)      CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION pursuant to Section 54956.9 of Subdivision (d)(2) the Government Code: anticipate significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2): 1 case

 

 

RECONVENE:      CITY COUNCIL WILL RECONVENE TO OPEN SESSION AT 6:30 P.M.

 

 

INVOCATION:

 

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

 

CALL TO ORDER:   Mayor Patino

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

 

 

CLOSED SESSION REPORT: City Attorney

 

 

1.   PROCLAMATIONS/PRESENTATIONS:

 

A. Library Volunteer of the Month for January 2016:

 

SARA LOUGEE

 

      for her time and dedication as a member of the Library Board of Trustees.

 

B.  Proclamation declaring January 17-23, 2016, as:

 

RESPECT FOR LIFE WEEK

 

      in the City of Santa Maria.

 

 

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 January 5, 2016.

 

            a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council 1) accept as complete the public improvements associated with Siena at Westgate, Tract 5892, and authorize the release of a Faithful Performance Bond [#104777252] in the reduced amount of $183,823 posted in the form of a Surety to guarantee the construction and installation of public improvements; and 2) order that the Contractor, Labor and Material Bond in the amount of $1,058,500 and the Guarantee and Defective Material Bond in the amount of $211,700 be retained for six months and one year, respectively, from the date of the release of the Faithful Performance Bond for Public Improvements.

 

      a.   Faithful Performance Bond to be released, and order to be given.

 

D.  Recommendation of City Staff that the City Council 1) accept as complete the Landscape and Irrigation improvements associated with La Vigna II, Tract 5964, and authorize the release of a Faithful Performance Bond for Landscaping and Irrigation [#4376940] in the reduced amount of $15,000 posted in the form of a Surety to guarantee the installation of frontage development on Marsala Avenue, Westgate Road, Battles Road, and a multi-purpose trail adjacent to the eastern boundary of La Vigna II Subdivision; and 2) order that Contractor, Labor and Materials Bond in the amount of $30,000 and the Planting and Irrigation Maintenance Bond in the amount of $6,000 be retained for six months and one year, respectively, from the date of the release of the Faithful Performance Bond for Landscaping and Irrigation.

 

      a.   Faithful Performance Bond to be released, and order to be given.

 

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.

 

CITY ATTORNEY

 

G.  Recommendation of City Staff that the City Council conduct the second reading of Ordinance No. 2016-01 and adopt the ordinance amending Sections 5-6.202(h) and 12-29.10 of the Santa Maria Municipal Code regarding commercial vehicles on residential properties.

 

a.   Ordinance No. 2016-01 to be adopted.

 

 

PUBLIC HEARING

 

4.   GENERAL PLAN LAND USE MAP AMENDMENT AND ZONE CHANGE FOR BETTERAVIA PLAZA (GPZ2014-0002, DA 2015-0001).  The City Council will consider a recommendation of the Planning Commission to approve an Environmental Impact Report and General Plan Land Use Map Amendment of a 55 acre site located on the north side of West Betteravia Road and  East of South Blosser Road FROM LI (Light Industrial) TO CC (Community Commercial) on 27.7 acres, CPO (Commercial Professional Office) on 5.6 acres, and HDR-17 (High Density Residential 17 du/ac) on 15.98 acres, and Zone Change FROM PD/M-1 (Planned Development/Light Manufacturing) TO PD/C-2 (Planned Development/General Commercial) on 27.7 acres, PD/CPO (Planned Development/Commercial Professional Office) on 5.6 acres, and PD/R-3 (Planned Development/High Density Residential) on 15.98 acres; and a Development Agreement (DA2015-0001) for Betteravia Plaza to allow up to 285,000 sq. ft. of retail commercial development, 75,000 sq. ft. of office development, and 272 residential units.

 

      On December 16, 2015 the Planning Commission considered the proposed project and unanimously adopted resolutions recommending that the City Council certify the Final Environmental Impact Report; approve the General Plan Land Use Policy and Zoning Map; and approve the Development Agreement.

 

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

 

b.   Applicant’s comments.

 

c.   Written communications.

 

d.   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. 2016-02 to be adopted certifying the Betteravia Plaza Final Environmental Impact Report, and adopting a Statement of Overriding Considerations and a Mitigation Monitoring Program.

 

i.    Resolution No. 2016-03 to be adopted amending the General Plan Land Use Policy Map designation for the 55 acre site FROM LI (Light Industrial) designation on approximately 55 acres TO CC (Community Commercial) designation on 27.7 acres, CPO (Commercial Professional Office) designation on 5.6 acres, and HDR-17 (High Density Residential 17 du/ac) designation on 15.98 acres.

 

j.    Ordinance No. 2016-03 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption, amending the Official Zoning Map for the 55-acre project site FROM PD/M-1 (Planned Development/Light Manufacturing) zoning district on approximately 55 acres TO PD/C-2 (Planned Development/General Commercial) zoning district on 27.7 acres, PD/CPO (Planned Development/Commercial Professional Office) zoning district on 5.6 acres, and PD/R-3 (Planned Development/High Density Residential) zoning district on 15.98 acres.

 

k.   Ordinance No. 2016-04 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption, approving a Development Agreement (DA2015-0001) with Steve Zimmerman, Palmetto Group, LLC and Valley Oaks Investment, LLC.

 

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

 

5.   SANTA MARIA TOURISM IMPROVEMENT DISTRICT.  The City Council will conduct the final public hearing in association with the formation of the Santa Maria Tourism Improvement District and the levying of a two percent (2%) assessment on lodging businesses.

 

a.   Staff report to be made. (Deputy City Manager)

 

b.   Petitioner’s comments.

 

c.   Written communications.

 

d.   Those in favor to be heard.

 

e.   Those in opposition to be heard.

 

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

 

g.   Council discussion.

 

      h.   Resolution No. 2016-04 to be adopted approving the formation of the Santa Maria Tourism     Improvement District and the levying of a two percent (2%) assessment on lodging businesses.

 

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

 

 

REGULAR BUSINESS

 

6.   2016 TECHNICAL AMENDMENTS TO THE SANTA MARIA MUNICIPAL CODE.  The City Council will consider an ordinance making various technical amendments to the Santa Maria Municipal Code.

 

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

 

b.   Public Input.

 

c.   Council Discussion.

 

d.   Ordinance No. 2016-05 to be introduced by title only for first reading and continued to the next meeting for second reading and adoption, amending various sections of the Santa Maria Municipal Code relating to the Library Board, Personnel, Signing of Contracts, Transient Occupancy, Property Nuisance, Safety Inspections, Residency Restrictions, Parking, Payment of Growth Mitigation Fees, Flood Control, Voluntary Merger, Zoning Code Definitions, and Hotels/Motels.

 

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

 

7.   EMERGENCY DISASTER PLAN UPDATE.  The City Council will adopt a resolution approving Part I of the 2016 Multi-Hazard Emergency Response Plan.

 

a.   Staff report to be made. (Interim Fire Chief)

 

b.   Public input.

 

      c.   Council discussion.

 

      d.   Resolution No. 2016-05 to be adopted approving the 2016 Updated Multi-Hazard Emergency   Response Plan.

 

8.   ALL-AMERICA CITY COMMITTEE DISCUSSION.  The City Council will discuss the continuance of the All-America City Committee and consider adopting a resolution to repurpose the Committee away from a Brown Act-appointed body of the City Council.

 

a.   Staff report to be made. (Director of Recreation and Parks)

 

b.   Public input.

 

c.   Council discussion.

 

d.   Resolution No. 2016-06 to be adopted repurposing the All-America City Committee away from a Brown Act-appointed body of the City Council; and authorizing its activities to be overseen by the Recreation and Parks Commission and Department.

 

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

 

 

APPOINTMENTS:

 

9.   ANNUAL APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES.  The City Council will consider making appointments to the Block Grants Advisory Committee, Measure U2012 Citizens’ Oversight Committee, Planning Commission, Santa Maria Community Television Board, and the All-America City Committee (if applicable); and direct staff to continue advertising vacancies on the Board of Appeals, Commission for Senior Citizens – Area Agency on Aging, Landmark Committee, and any other committees with current vacancies. 

 

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

 

b.   Appoint two members to the Block Grants Advisory Committee for unexpired terms ending in July 2017 and July 2018, respectively.  Nominations to this committee are made by individual Councilmembers, appointments are made by the Mayor with ratification by the City Council.   One nomination to be made by Councilmember Waterfield to fill the unexpired term ending in July 2017, and one nomination to be made by either Mayor Patino or Councilmember Orach to fill an unexpired term ending in July 2018. An applicant who previously applied has requested to be reconsidered; and one new application was received.

 

Previously Applied/Incumbent

*Rob Litzinger

 

New Applicant

Tahir Masood

 

 

 

 



 

*While there are three vacancies on the Block Grants Advisory Committee, one includes the seat of Mr. Litzinger. Pursuant to Block Grant Advisory Committee Bylaws, Article VI, Mr. Litzinger has continued to serve and will continue to serve in his appointed seat previously nominated by former Mayor Lavagnino until he is either appointed by another Councilmember or another applicant is appointed by Mayor Patino to fill the unexpired term ending in July 2018. 

 

Nominations: One nomination to be made by Councilmember Waterfield to fill the unexpired term ending in July 2017; and one nomination to be made by Mayor Patino or Councilmember Orach to fill an unexpired term ending in July 2018.

 

c.   Appoint one member to the Measure U2012 Citizens’ Oversight Committee to fill an unexpired term ending in January 2017.  Nominations to this committee are made by individual Councilmembers, with ratification by the City Council.  One new application was received.

 

New Applicant

Donna Randolph

 

 

 

Nomination to be made by:  Councilmember Orach

 

d.   Appoint two members to the Planning Commission: one to fill an unexpired term ending in January 2017, and one in to fill an unexpired term ending in January 2019.  Nominations to this committee are made by individual Councilmembers, appointed by the Mayor, and confirmed by the City Council.  Three new applications were received.

 

New Applicants

Tim Seifert

Carl Holmquist

James Ellis, Jr.

Gayle Pratt

 

 

 

 

 


      Nominations to be made by:  Councilmembers Boysen and Orach

 

e.   Appoint one member to the Santa Maria Community Television Board of Directors for a two-year term ending in January 2018. The appointments are to be made by the Mayor with ratification by the City Council.  One incumbent reapplied. 

 

Incumbent

Jeanne Sparks

 

 

 

 

 

Appointment to be made by:  Mayor Patino

 

f.    Depending on the action taken by the City Council as it relates to the continuance of the All-America City Committee (Agenda Item 8), appoint one member to the All-America City Committee for a two-year term ending in January 2018. Nominations to this committee are made by individual Councilmembers, appointed by the Mayor, and confirmed by the City Council.  One new application was received.

 

New Applicant

Peter Burgett

 

 

 

Nominations to be made by either:  Councilmember Boysen or Waterfield

     

g.   Direction to staff to be given to continue advertising vacancies on the various Boards and Committees until filled.

 

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

 

 

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 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 CITY COUNCIL MEETING WILL BE HELD ON TUESDAY, FEBRUARY 2, 2016. THE DEADLINE FOR SUBMITTING ITEMS FOR THE FEBRUARY 2ND, MEETING IS WEDNESDAY, JANUARY 20.

 

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

 Jan.  20, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

City Council

 Feb.  02, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Planning Commission

 Feb.  03, 2016

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory Committee

 Feb.  08, 2016

City Hall Conference Room

5:30 p.m.

 

 

 

 

Library Board

 Feb.  09, 2016

Library Conference Room

1:00 p.m.

 

 

 

 

Recreation and Parks Commission

 Feb.  09, 2016

City Hall Council Chambers

4:00 p.m.

 

 

 

 

Landmark Committee

 Feb.  09, 2016

Library Study Room C

4:00 p.m.

 

 

 

 

City Council

 Feb.  16, 2016

City Hall Council Chambers

6:30 p.m.