CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

 

 

Mayor Larry Lavagnino

Mayor Pro Tem Alice Patino

Councilmember Bob Orach

Councilmember Marty Mariscal

Councilmember Leo Trujillo

 

 

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

AUGUST 1, 2006

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, available for public inspection during City Hall business hours, and in the Library the Friday before the meeting.  If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability.  The City Clerk 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. To request assistance, please call 925-0951, extension 307. For TDD (Telecommunications Devices for the Deaf) call (800) 735-2929.  The City has equipment available for the hearing impaired and for Spanish-only speaking persons who wish to participate.  In order for the City to make reasonable accommodation arrangements for the meeting, notification is required at least by the Friday before the meeting.


 

 

INVOCATION:

 

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

 

CALL TO ORDER:              Mayor Lavagnino

 

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

 

 

  1. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS:

 

A.                Proclamation declaring Tuesday, August 1, 2006, as:

 

NATIONAL NIGHT OUT

 

in the City of Santa Maria, and urging all residents to join the Housing Authority of the County of Santa Barbara and the National Association of Town Watch in supporting the 23rd Annual National Night Out.

 

A.                Resolution Nos. 2006-127 and 2006-128 to be adopted recognizing and commending:

 

CARL ENGEL

 

for over 10 years of service as a member of the Block Grants Advisory Committee; and

 

FRED PRATT

 

for over five years of service as a member of the Block Grants Advisory Committee.

 

 

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

 

 

  1. 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.

 

 

  1. 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.

 

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 Mariscal, Orach, Patino, Trujillo, 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 July 18, 2006.

 

a.                        To be approved.

 

C.    Recommendation of City Staff that the City Council approve the City’s response to the Santa Barbara County GRAND JURY REPORT entitled “Flood Control and Water Conservation District – Prepared for Winter Storms?”

 

a.      Instruct the Director of Public Works/City Engineer to sign and transmit the Council’s response to the Presiding Judge of the Superior Court and the Grand Jury.

 

D.    Recommendation of City Staff that the City Council adopt a resolution approving a two-year agreement with the County of Santa Barbara for ANIMAL CONTROL SERVICES.

 

a.         Resolution No. 2006-129 to be adopted approving the Animal Control Services Agreement.

 

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 approve an ENTERTAINMENT LICENSE for Centro Botanero Los 3 Amigos located at 1127 West Main Street to allow televised sporting events Sunday through Saturday, 10:00 a.m. until 2:00 a.m. and disc jockey music and dancing on Saturday from 9:00 p.m. until 1:00 a.m.

 

a.                        Entertainment License to be approved.

 

CITY ATTORNEY DEPARTMENT:

 

H.     Recommendation of City Staff that the City Council adopt a resolution clarifying the authority of staff and Carl Warren & Company concerning LIABILITY CLAIMS and confirming the authority of the City Attorney to initiate litigation concerning collection cases, unlawful detainer actions (landlord-tenant), and other routine civil litigation matters.

 

a.                        Resolution No. 2006-130 to be adopted regarding Liability Claims.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

I.         Recommendation of City Staff that the City Council consider a Notice from the California Department of Alcoholic Beverage Control of an application for a transfer of an ALCOHOLIC BEVERAGE LICENSE for CVS Pharmacy (previously Sav-On Drug) located at 1830 N. Broadway.   This application is not affected by Section 23958 of the Business and Professions Code or the Alcoholic Beverage Policy adopted by the City Council.

 

a.                        To be noted and filed.

 

PUBLIC WORKS DEPARTMENT:

 

J.      Recommendation of City Staff that the City Council adopt a resolution approving a final subdivision map and agreement for LAVIGNA AT WESTGATE, Tract 5865.

 

a.                        Resolution No. 2006-131 to be adopted approving the subdivision map and agreement for LaVigna at Westgate.

 

 

PUBLIC HEARINGS:

 

4.            TENTATIVE TRACT MAP FOR CALE SUBDIVISION LOCATED AT 302-308 WEST STREET, TRACT 5915.  The City Council will consider a recommendation from the Planning Commission to approve a tentative map that would create eight residential lots ranging in size from 1,774.1 square feet to 1,997.9 square feet and one common lot at 302-308 West Street, in a PD/R-2 (Planned Development/Medium Density Residential) zoning district, Assessor’s Parcel No. 117-340-069.  This item was continued from the July 18, 2006, City Council meeting at the applicant’s request.

 

The Planning Commission held a public hearing on June 21, 2006, and adopted Resolution No. 2423 recommending that the City Council approve the tentative map.  The resolution was approved on a 3-2 vote with Commissioners Hunter and Waterfield dissenting.

 

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. 2006-132 to be adopted approving the Tentative Tract Map for Cale-West Street Subdivision, Tract 5915.

 

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

 

5.            TENTATIVE TRACT MAP FOR HARVEST GLEN TOWNHOMES, LOCATED SOUTH OF SONYA LANE, EAST OF BLOSSER ROAD, WEST OF BISCAYNE (EXTENDED) AND NORTH OF CARMEN LANE (EXTENDED), TRACT 5906.  The City Council will consider a recommendation from the Planning Commission to approve a tentative map that would create 203 residential lots ranging in size from 846 square feet to 2,179 square feet, in a HDR-18 (High Density Residential) zoning district, Assessor’s Parcel No. 117-330-018. 

 

The Planning Commission held a public hearing on July 6, 2006, and adopted Resolution No. 2427 recommending that the City Council approve the tentative map.  The resolution was approved with Commissioners Brown, Moats, and Waterfield voting in favor, Commissioners Hunter and Everett absent.

 

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. 2006-133 to be adopted approving the Tentative Tract Map for Harvest Glen Townhomes, Tract 5906.

 

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

 

6.            2004 LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM TECHNOLOGY PROJECT AMENDMENT.  The City Council will consider a change in the allocation of 2004 Local Law Enforcement Block Grant program funds to be used for the purchase of moving radar systems, taser devices and an enhanced security camera system for the Communications Center and police facility.

 

a.      Staff report to be made.   (Chief of Police)

 

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. 2006-134 to be adopted approving the change in allocation of 2004 Local Law Enforcement Block Grant program funds.

 

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

 

 

REGULAR BUSINESS:

 

7.            APPOINTMENTS TO ALL-AMERICA CITY COMMITTEE.  The City Council will consider making appointments to the All-America City Committee to fill vacancies left by two recent resignations. 

 

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

 

b.      Appoint up to two members to the All-America City Committee to fill the unexpired terms of Michael Hayes and Bob Huber who represent the business and ethnic diversity segments of the community respectively. Recommendations for nominations will be made by Councilmembers Patino and Trujillo.  Appointments to be made by the Mayor with ratification by the City Council.  Applications were received from:

 

                        Edward Quinonez

                        Bob Ziener

 

 

REPORT BY CITY MANAGER:

 

 

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS:

 

 

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

 

CONFERENCE WITH LEGAL COUNSEL regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss SANTA MARIA VALLEY WATER CONSERVATION DISTRICT v. CITY OF SANTA MARIA.

 

CONFERENCE WITH LEGAL COUNSEL regarding EXISTING LITIGATION pursuant to Subsection (a) of Government Code Section 54956.9 to discuss INTELLECTUAL CAPITAL PARTNERS, LTD. V. CITY OF SANTA MARIA, ETAL.

 

 

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.

 

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 TUESDAY, AUGUST 15, 2006.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 15TH MEETING IS AUGUST 3, 2006.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

August 2, 2006

City Council Chambers

6:30 p.m.

 

 

 

 

Landmark Committee

August 8, 2006

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

August 8, 2006

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

August 8, 2006

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

August 10, 2006

City Council Chambers

4:00 p.m.

 

 

 

 

Block Grants Advisory

Committee

August 14, 2006

City Hall Conference Room

5:30 p.m.

 

 

 

 

All-America City Committee

August 21, 2006

United Way

5:30 p.m.