CITY OF SANTA MARIA, CALIFORNIA

CITY HALL COUNCIL CHAMBERS

AGENDA OF THE CITY COUNCIL

 

 

Mayor Larry Lavagnino

Mayor Pro Tem Leo Trujillo

Councilmember Bob Orach

Councilmember Alice Patino

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

AUGUST 7, 2007

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. 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. 2007-107 to be adopted commending

 

STEVEN LEWIS

 

for nine years of outstanding service and dedication on the Block Grants Advisory Committee.

 

A.     Proclamation declaring September 21 - 23 , 2007 as:

 

LA GUITARRA DAYS

 

in the City of Santa Maria, and encouraging all residents to take part in the three-day music festival to be held at Allan Hancock College.

 

C.  Presentation of the quarterly  GOING THE EXTRA MILE (GEM)” Award to:

JENI NEWELL

 

For her outstanding efforts in creating and coordinating the “Santa Maria Safari”, an all-day event held in May 2007 that promoted learning through a community partnership.  The event was enthusiastically received by the community as evidenced by the  attendance of approximately 270 children and parents who visited five local museums.   

 

 

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.

 

 

2.      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 July 17, 2007.

 

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 REPORTS entitled “Law, Justice and Public Safety:  Selected Community Challenges,” and “Detention Facilities Inspections.”

 

a.      Authorize the Mayor to sign the Council’s response and the City Clerk to transmit to the Presiding Judge of the Superior Court and the Grand Jury.

 

D.    Recommendation of City Staff that the City Council approve the City’s response to the Santa Barbara County GRAND JURY REPORT entitled “Affordable Housing in Santa Barbara County: Myth or Reality?”

 

a.      Authorize the Mayor to sign the Council’s response and the City Clerk to transmit to the Presiding Judge of the Superior Court and the Grand Jury.

 

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 adopt a resolution amending the BUSINESS RETENTION AND ATTRACTION LOAN PROGRAM GUIDELINES to include loan guarantees as a means of assisting businesses.

 

a.                        Resolution No. 2007-108 to be adopted amending the Guidelines.

 

H.     Recommendation of City Staff that the City Council adopt a resolution approving the recommendation of Coastal Business Finance to fund TWO BUSINESS LOANS - one in the amount of $57,652 to James P. Sweeney, M.D., Inc., and another in the amount of $57,652 to Michael K. Lai, M.D., Inc., under the Business Retention and Attraction Loan Program and authorizing the City Manager to execute loan documents on behalf of the City of Santa Maria. 

 

a.                        Resolution No. 2007-109 to be adopted approving two business loans.

 

PUBLIC WORKS DEPARTMENT:

 

I.         Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID to and approving an agreement with Windsor Fuel Company for Street Maintenance (Chip Seal), Bid No. 2008/02, in the amount of $1,027,000.

 

a.                        Resolution No. 2007-110 to be adopted awarding the bid and approving an agreement with Windsor Fuel Company.

 

J.      Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID to and approving an agreement with Union Asphalt, Inc., for Betteravia Road and Blosser Road Signal Interconnection and East Betteravia Road Widening, Bid No. 2007/05, in the amount of $907,359.50.

 

a.                        Resolution No. 2007-111 to be adopted awarding the bid and approving an agreement with Union Asphalt, Inc.

 

UTILITIES DEPARTMENT:

 

K.     Recommendation of City Staff that the City Council adopt a resolution authorizing the City Manager, or his designee, to enter into a second addendum to the SUPPLEMENTAL WATER AGREEMENT between the City and SB Clark, LLC to extend the agreement for one year.

 

a.                        Resolution No. 2007-112 to be adopted approving a second addendum to the Supplemental Water Agreement with SB Clark, LLC. 

 

 

PUBLIC HEARINGS:

 

3.      PUBLIC hearing to consider A PROPOSED ORDINANCE APPROVING A DEVELOPMENT AGREEMENT WITH INLAND PACIFIC BUILDERS.  The City Council will consider a Development Agreement with Inland Pacific Builders to allow the reimbursement of the cost to construct the Battles Railroad Crossing and a traffic signal at Battles Road and Depot Street which were required as a condition of approval for the Estates at Pacific Crest project (previously Rose Garden Subdivision) Tract 5725.

 

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.        Ordinance No. 2007-15 approving a Development Agreement with Inland Pacific Builders 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

 

 

4.      PUBLIC HEARING TO CONSIDER A PROPOSED ORDINANCE AMENDING THE 2007 GROWTH MITIGATION FEE ORDINANCE.    The City Council will consider an ordinance amending Ordinance No. 2007-06 to clarify a provision relating to calculation of Growth Mitigation Fees for additions and exemptions for kitchens and baths.  Ordinance No. 2007-06 which updated the Growth Mitigation Fees was adopted on May 1, 2007.

 

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.        Ordinance No. 2007-16 amending the 2007 Growth Mitigation Fee Ordinance 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

 

 

REGULAR BUSINESS:

 

5.      FINANCIAL REPORT FOR FOURTH QUARTER ENDING JUNE 30, 2007, AND A BUDGET AMENDMENT REPORT – FISCAL YEAR 2006-07.  The City Council will consider the quarterly financial report for the fourth quarter of Fiscal Year 2006-07 and a budget amendment report approving personnel and operational changes to the 2006-07 Fiscal Year Budget.

 

a.      Staff report to be made.  (Director of Administrative Services)

 

b.      Council discussion.

 

c.      Resolution No. 2007-113 to be adopted approving amendments to the budget for fiscal year 2006-07 and authorizing the City Manager to implement same.

 

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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6. 

 

Agency representative:          Assistant City Manager

Employee organization:         Santa Maria Police Officers Association (SMPOA);

 

                                               

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.

 

ADJOURNMENT:         Mayor Lavagnino will adjourn the meeting in honor of former Finance Director Bob Hossli who passed away on July 28, 2007. 

 

 

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 ON TUESDAY, AUGUST 21, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 21ST MEETING IS AUGUST 9, 2007.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Block Grants Advisory

Committee

Aug. 13, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Aug. 14, 2007

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Aug. 14, 2007

Edwards Community Center

6:30 p.m.

 

 

 

 

Library Board

Aug. 14, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

Planning Commission

Aug. 15, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Code Compliance Board

Aug. 16, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Aug. 20, 2007

City Hall Conference Room

5:30 p.m.