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

JULY 18, 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 the month of July as:

 

PARKS AND RECREATION MONTH”

 

in the City of Santa Maria, and encouraging all citizens to enjoy and recognize the social, physical, mental, economic, environmental, and community benefits derived from taking part in the myriad of activities offered through recreation and leisure programs and services, which provide something of value to everyone.

 

B.    Recreation and Parks Volunteer of the Month for July, 2006:

 

MERCE RAMOS

 

for his commitment and dedication serving the Youth Basketball Program as a coach for both boys’ and girls’ basketball teams, as well as a volunteer for youth sports camps.

 

 

  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 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.  See attached yellow sheets for further information.  (Estimated time:  3 minutes unless items are discussed.)

 

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 5, 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 “Measure D – Progress as Promised.”

 

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.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

D.    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.

 

E.     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.

 

F.     Recommendation of City Staff that the City Council approve an ENTERTAINMENT LICENSE for Maricos La Coqueta located at 118 W. Chapel Street to allow entertainment during the evening hours to 11:00 p.m. Thursday through Sunday.

 

a.      Entertainment License to be approved.

 

G.    Recommendation of City Staff that the City Council approve a change in an ENTERTAINMENT LICENSE for the Radisson Hotel Santa Maria located at 3455 Skyway Drive to allow entertainment Friday and Saturday from 7:00 p.m. to 11:00 p.m. and on Sunday from 10:00 a.m. to 2:00 p.m.

 

a.      Entertainment License to be approved.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

H.     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 Albertsons at 2320 S. 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.

 

I.         Recommendation of City Staff that the City Council consider a Notice from the California Department of Alcoholic Beverage Control of an application for an ALCOHOLIC BEVERAGE LICENSE for William James Cellars at 2643 Industrial Parkway, Suite A.   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.

 

J.      Recommendation of City Staff that the City Council receive a report regarding a revised procedure that would allow Alcoholic Beverage Licenses that are not within areas of undue concentration to be processed administratively.

 

a.      Receive and file the report.

 

LIBRARY DEPARTMENT:

 

K.     Recommendation of City Staff that the City Council adopt a resolution approving the extension of the lease agreement with the MINSON COMPANY for the Orcutt Branch Library.

 

a.   Resolution No. 2006-109 to be adopted approving the lease agreement.

 

PUBLIC WORKS DEPARTMENT:

 

L.      Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a ONE-HOUR PARKING ZONE on Roemer Way near Roemer Place.

 

a.      Resolution No. 2006-110 to be adopted establishing a one-hour parking zone on Roemer Way.

 

M.    Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of ONE-HOUR PARKING ZONES on Carlotti Drive in front of White Cap Construction Supply at 1646 Carlotti Drive.

 

a.      Resolution No. 2006-111 to be adopted establishing one-hour parking zones on Carlotti Drive.

 

N.     Recommendation of the Traffic Committee that the City Council adopt a resolution establishing NO STOPPING ZONES on Auto Park Drive near Mercury Drive.

 

a.      Resolution No. 2006-112 to be adopted establishing no stopping zones on Auto Park Drive.

 

O.    Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a NO STOPPING ZONE on Main Street near Russell Avenue.

 

a.      Resolution No. 2006-113 to be adopted establishing a no stopping zone on Main Street.

 

P.     Recommendation of the Traffic Committee that the City Council adopt a resolution establishing a NO STOPPING ZONE on Morrison Avenue near Russell Avenue.

 

a.      Resolution No. 2006-114 to be adopted establishing a no stopping zone on Morrison Avenue.

 

Q.    Recommendation of City Staff that the City Council approve the NOTICE OF CONTRACT COMPLETION for Library Parking Structure, Bid No. 2005/03.

 

a.      Notice of Contract Completion to be approved and the Chief Deputy City Clerk directed to record same.

 

R.     Recommendation of City Staff that the City Council adopt a resolution authorizing expenditure of ACCUMULATED TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS for critical transit capital projects.

 

a.      Resolution No. 2006-115 to be adopted authorizing the expenditure of accumulated TDA funds.

 

RECREATION AND PARKS DEPARTMENT:

 

S.     Recommendation of City Staff that the City Council adopt a resolution approving submittal of an application through the competitive grant process administered by the State of California Department of Parks and Recreation for the Santa Maria River Nature Trail and the Santa Maria Las Flores Property.

 

a.      Resolution No. 2006-116 to be adopted approving the submittal of a grant application.

 

UTILITIES DEPARTMENT:

 

T.      Recommendation of City Staff that the City Council adopt a revised resolution authorizing the City Manager to review and extend supplemental water agreements with individual Orcutt community property owners on a case-by-case basis for a one-year period for the sale of State Water Yield.

 

a.      Resolution No. 2006-117 to be adopted to correct language in the previously adopted resolution.

 

 

PRESENTATION:

 

  1. A PRESENTATION BY ALTRUSA INTERNATIONAL, INC. OF SANTA MARIA OF A DONATION TO THE CITY FOR LIBRARY MATERIALS AND EQUIPMENT IN THE NEW PUBLIC LIBRARY.  The City Council will consider adopting a resolution authorizing the City Librarian to receive a donation in the amount of $40,000 from Altrusa International, Inc. of Santa Maria and authorizing the appropriation to be allocated to the Santa Maria Public Library.

 

a.      Presentation to be made by Diane Aleman-Stevens, President of Altrusa International, Inc. of Santa Maria.

 

b.      Resolution No. 2006-118 to be adopted authorizing the City Librarian to receive the donation to be used to purchase library materials and equipment for the Public Library.

 

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

 

 

PUBLIC HEARINGS:

 

  1. HEARING REGARDING AN APPEAL BY MICHAEL MURPHY OF THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR SANTA MARIA CAB COMPANY.  The City Council considered an appeal by Michael Murphy of the issuance of a Certificate of Public Convenience and Necessity to a new taxicab company, Santa Maria Cab Company, on May 20, 2006, and continued the item to this meeting to allow Mr. Murphy additional time to provide evidence to support his appeal.  On June 29, 2006, Mr. Murphy submitted a letter dropping his appeal.

 

a.      Staff report to be made.  (Risk Manager)

 

b.      Accept Michael and Lorene Murphy’s request to withdraw the appeal.  No further action is needed.

 

  1. TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING – ISSUANCE OF A NOTE BY THE HOUSING AUTHORITY OF THE COUNTY OF SANTA BARBARA.  The City Council will consider adopting a resolution approving the issuance of a note by the Housing Authority of the County of Santa Barbara for the purpose of refinancing a transitional housing facility of Good Samaritan Shelter, Inc., consenting to the operation of the County Housing Authority in the City with respect thereto, and approving a subordination agreement.

 

a.      Staff report to be made.   (Grants Administrator)

 

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. 2006-119 to be adopted approving the issuance of a note by the Housing Authority for Good Samaritan Shelter.

 

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

 

  1. PUBLIC hearing to consider PROTESTS in connection with THE 2006 annual WEED ABATEMENT PROGRAM ASSESSMEntS.

 

a.      Staff report to be made.  (Director of Public Works/City Engineer)

 

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. 2006-120 to be adopted approving the charges and ordering the assessments for the City’s 2006 Annual Weed Abatement Program.

 

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

 

  1. PUBLIC hearing to consider input in connection with annual adjustments to assesSments FOR THE FOUR LANDSCAPE MAINTENANCE DISTRICTS IN THE cITY:  south miller street/south college drive, NORTHWEST, NORTHEAST, AND SOUTHWEST LANDSCAPE MAINTENANCE DISTRICTS.

 

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

 

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. 2006-121 to be adopted ordering the assessments for the South Miller Street/South College Drive Landscape Maintenance Assessment District No. DS-6.

 

g.      Resolution No. 2006-122 to be adopted ordering the assessments for the Northwest Landscape Maintenance Assessment District No. DS-9.

 

h.      Resolution No. 2006-123 to be adopted ordering the assessments for the Northeast Landscape Maintenance Assessment District No. DS-10.

 

i.        Resolution No. 2006-124 to be adopted ordering the assessments for the Southwest Landscape Maintenance Assessment District No. DS-11.

 

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

 

9.            PUBLIC HEARING TO consider input in connection with annual adjustments to THE WILLIAMS FEEDLOT ASSESSMENT DISTRICT NO. 96-1. The 2006-07 annual assessment will be $17.16 per benefit unit, the same as last year.  This is the final year of a ten-year assessment district.

 

    1. Staff report to be made.  (Director of Public Works/City Engineer)

 

    1. Written communications.

 

    1. Those in favor to be heard.

 

    1. Those in opposition to be heard.

 

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

 

    1. Resolution No. 2006-125 to be adopted ordering the assessments for Assessment District No. 96-1.

 

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

 

10.       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. 

 

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. 2006-126 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

 

 

REGULAR BUSINESS:

 

11.       APPOINTMENTS TO VARIOUS COMMITTEES AND BOARDS.  The City Council will consider making appointments to the Block Grants Advisory Committee and the Library Board of Trustees. 

 

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

 

b.      Appoint four members to the Block Grants Advisory Committee for a regular term of three years. Five vacancies currently exist.  Recommendations for nominations to be made by individual Councilmembers.  Appointments to be made by the Mayor with ratification by the City Council.  Applications were received from:

 

         Karen Cordary (incumbent)             Councilmember Patino

         Robert Doyle

         Robert Latzinger

                        Roxanne Ventriglia (incumbent)                  Councilmember Trujillo

 

c.      Direct staff to readvertise the remaining vacant seat.

 

d.      Appoint two members to the Library Board of Trustees for a regular term of three years. Appointment to be made by the Mayor with ratification by the City Council.  Two application were received from:

 

         Phillip Alvarado (incumbent)

                        Margaret Cooper (incumbent)

 

 

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 LIABILITY CLAIMS pursuant to Government Code Section 54956.95.

 

Claimant:                                    Nadine Silva

Agency Claimed Against:      City of Santa Maria

 

 

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 1, 2006.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 1ST MEETING IS JULY 20, 2006.

 

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

July 19, 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.