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 21, 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.     Recreation and Parks Volunteer of the Month for August 2007:

 

CAROL RODRIGUEZ

 

for her many hours of volunteer work involved with the Career Camp Program, Police Activities League Boxing tournaments, Spring Eggstravaganza, Summer Games Night, Santa Maria Fun Run and the 2007 Teen Job Fair.

 

 

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  August 7, 2007.

 

a.                        To be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution approving amendments to and extension of the current MEMORANDUM OF UNDERSTANDING (MOU) with the Santa Maria Police Officers’ Association (SMPOA).

 

a.      Resolution No. 2007-114 to be adopted approving amendments to and extension of the SMPOA MOU.

 

D.    Recommendation of City Staff that the City Council adopt a Resolution of Intention and Ordinance authorizing an AMENDMENT to the CONTRACT between the City Council of the City of Santa Maria and the Board of Administration of the California Public Employees’ Retirement System (CalPERS) for Section 21624, 21626, and 21628 (Post-Retirement Survivor Allowance) for local Fire members.

 

a.      Resolution No. 2007-115 to be adopted stating the Council’s intent to amend the CalPERS Contract.

 

b.      Ordinance No. 2007-17 amending the contract to be introduced by title only for first reading and continued to the meeting of September 18, 2007, for second reading and adoption.

 

E.     Recommendation of City Staff that the City Council accept as complete the public improvements associated with the construction and installation of the Blosser Road Traffic Bridge and RELEASE A BOND for Rose Garden Village II, Tract 5826.

 

a.      Accept the public improvements and authorize the release of a Faithful Performance Bond in the reduced amount of $100,000, with an order that the Contractor, Labor and Material Bond be retained until February 2008 and the Guarantee and Defective Material Bond be retained until August 2008.

 

F.     Recommendation of City Staff that the City Council accept as complete the construction and installation of public improvements and RELEASE A BOND for FOXENWOOD TOWNHOMES, Tract 5763.

 

a.      Accept the public improvements and authorize the release of a Faithful Performance Bond in the amount of $166,297.25, with an order that the Contractor, Labor and Material Bond be retained until February 2008 and the Guarantee and Defective Material Bond be retained until August 2008.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

G.    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.

 

H.     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.

 

PUBLIC WORKS DEPARTMENT:

 

I.         Recommendation of City Staff that the City Council adopt a resolution AWARDING THE BID to and approving an agreement with Union Asphalt, Inc., for Hanson Way Reconstruction – West Stowell Road to West Main Street, Bid No. 2007/07, in the amount of $1,167,741.75.

 

a.                        Resolution No. 2007-116 to be adopted awarding the bid and approving an agreement with Union Asphalt, Inc.

 

J.      Recommendation of City Staff that the City Council conduct the second reading and adopt ORDINANCE NO. 2007-15 approving a Development Agreement with Inland Pacific Builders for the reimbursement of costs to construct the Battles Road Railroad Crossing and Depot Street 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.                        Ordinance No. 2007-15 to be adopted.

 

K.     Recommendation of City Staff that the City Council conduct the second reading and adopt ORDINANCE NO. 2007-16 approving an amendment to the 2007 Growth Mitigation Fee Ordinance to clarify a provision relating to calculation of Growth Mitigation Fees for additions and exemptions for kitchens and baths and to correct an error in the Traffic Mitigation Fees. 

 

a.                        Ordinance No. 2007-16 to be adopted.

 

L.      Recommendation of City Staff that the City Council adopt a resolution approving the SUBDIVISION MAP and agreement for Fairway Industrial Park, Tract 5925, located at the northeast corner of Fairway Drive and A Street.

 

a.                        Resolution No. 2007-117 to be adopted approving the subdivision map and agreement for Tract 5925.

 

 

PRESENTATION OF REPORTS:

 

3.      PRESENTATION OF THE SANTA MARIA VALLEY CHAMBER OF COMMERCE ECONOMIC DEVELOPMENT COMMISSION SEMI-ANNUAL REPORT FOR THE PERIOD JANUARY 1, 2007, THROUGH JUNE 30, 2007.

 

a.      Presentation to be made by Robert Hatch, Santa Maria Valley Chamber of Commerce and Visitor and Convention Bureau, and Chairperson of the Economic Development Commission. 

 

b.      Receive and file the report.

 

4.      PRESENTATION OF THE SANTA MARIA VALLEY CHAMBER OF COMMERCE AND VISITOR AND CONVENTION BUREAU YEAR-END REPORT FOR THE PERIOD OF JULY 1, 2006, THROUGH JUNE 30, 2007.

 

a.      Presentation to be made by Robert Hatch and Gina Keough, Santa Maria Valley Chamber of Commerce and Visitor and Convention Bureau. 

 

b.      Receive and file the report.

 

 

PUBLIC HEARINGS:

 

5.      PUBLIC hearing to consider A PROPOSED ORDINANCE APPROVING AN AMENDED DEVELOPMENT AGREEMENT WITH INLAND PACIFIC BUILDERS.  The City Council will consider an amendment to a previously approved Development Agreement with Inland Pacific Builders for the Main Street and Panther Drive Widening associated with the La Ventana Project, Tract 5886, located at the northwest corner of Main Street and Panther Drive.

 

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. 2007-18 approving an Amended 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

 

 

REGULAR BUSINESS:

 

6.      NOMINATION TO CENTRAL COAST COMMISSION FOR SENIOR CITIZENS.  The City Council will consider putting forward a nomination to the Board of Directors of the Area Agency on Aging to serve a two-year term on the Central Coast Commission for Senior Citizens, Area Agency on Aging.  There is currently one vacancy.   

 

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

 

b.      Nominate one member.  Applications were received from:

 

                     Lino (Lee) Diaz

                     Sherie Hoback

                     Martin Seifert

                     Barry Sigman

                       

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 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:          

 

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, SEPTEMBER 4, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE SEPTEMBER 4TH  MEETING IS AUGUST 23, 2007.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Sept. 5, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Sept. 10, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Sept. 11, 2007

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Sept. 11, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Sept. 11, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

Code Compliance Board

Sept. 13, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Sept. 17, 2007

City Hall Conference Room

5:30 p.m.