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

JULY 3, 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.     Proclamation declaring the month of July 2007 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.

 

 

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 June 19, 2007.

 

a.                        To be approved.

 

C.    Recommendation of City Staff that the City Council adopt a resolution approving certain PERSONNEL changes resulting from the approval of the 2007-08 budget and amend the City’s Conflict of Interest Code to reflect those changes.

 

a.      Resolution No. 2007-85 to be adopted approving certain personnel changes.

 

b.      Resolution No. 2007-86 to be adopted amending the City’s Conflict of Interest Code to reflect the personnel changes.

 

D.    Recommendation of City Staff that the City Council adopt a resolution authorizing the execution of an agreement with the County of Santa Barbara to provide MENTAL HEALTH ASSESSMENT TEAM (MHAT) services for the period 2006-07 through 2008-09.

 

a.                        Resolution No. 2007-87 to be adopted approving an agreement with the County for MHAT services.

 

E.     Recommendation of City Staff that the City Council adopt a resolution approving an agreement with the County of Santa Barbara for COLLECTION OF SPECIAL ASSESSMENTS as part of the property tax bills for the City’s annual Weed Abatement Program and four Landscape Maintenance Districts and Special Benefit Zones.

 

a.                        Resolution No. 2007-88 to be adopted approving an agreement with the County for collection of special assessments.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

F.     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.

 

G.    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.

 

H.     Recommendation of City Staff that the City Council adopt resolutions approving ANNUAL OPERATING AGREEMENTS with the Santa Maria Valley Chamber of Commerce, Santa Maria Valley Historical Society, and Santa Maria Museum of Flight for the period of July 1, 2007, through June 30, 2008.

 

a.      Resolution No. 2007-89 to be adopted approving an annual operating agreement with the Santa Maria Valley Chamber of Commerce.

 

b.      Resolution No. 2007-90 to be adopted approving an annual operating agreement with the Santa Maria Valley Historical Society.

 

c.      Resolution No. 2007-91 to be adopted approving an annual operating agreement with the Santa Maria Museum of Flight.

 

PUBLIC WORKS DEPARTMENT:

 

I.         Recommendation of City Staff that the City Council conduct the second reading by title only and adopt ORDINANCE NO. 2007-12 amending the Development Agreement with Regency Realty Group, Inc., for the Santa Maria Commons (Regency Centers/Kohl's) Project at the southwest corner of Broadway and McCoy Lane.  The amendment is to increase the reimbursement amount to include additional work required by Caltrans in the amount of $19,556.35 for a total amount reimbursable to the Developer of $579,270.99. 

 

a.                        Ordinance No. 2007-12 to be adopted.

 

J.      Recommendation of City Staff that the City Council adopt a resolution awarding the bid to and approving an agreement with California Coastal Development for Bid No. 2007/06, RIVER 0AKS PARK (now JAMES “JIM” MAY PARK) OBSERVATION DECK in the amount of $146,093.34.

 

a.                        Resolution No. 2007-92 to be adopted approving an agreement for the River Oaks  Park (now James “Jim” May Park) Observation Deck project.

 

PRESENTATIONS:

 

3.      SANTA MARIA RIVER LEVEE UPDATE:  PRESENTATION BY SANTA BARBARA COUNTY FLOOD CONTROL DISTRICT.

 

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

 

b.      Presentation to be made by Tom Fayram, Manager, Santa Barbara County Flood Control and Water Conservation District.

 

 

PUBLIC HEARINGS:

 

4.      TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) OF 1982 HEARING – ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY.  The City Council will consider a proposed financing plan by the California Statewide Communities Development Authority for the issuance of  multifamily housing revenue bonds not to exceed $26,000,000 to finance the acquisition and rehabilitation of a 236-unit multifamily rental housing project, located at 1720 South Depot Street, and generally known as the Vizcaya Apartments (the “Project”). 

 

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

 

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. 2007-93 to be adopted approving the issuance of multi-family housing revenue bonds by the California Statewide Community Development Authority.

 

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

 

5.      DAYTIME JUVENILE ANTI-LOITERING ORDINANCE.  At the June 5, 2007 City Council meeting, Council directed staff to prepare an ordinance re-enacting the Daytime Juvenile Anti-Loitering Ordinance adopted last year (Chapter 6-3A of Title 6 of the Santa Maria Municipal Code) and to delete the language providing that the ordinance would become inoperative one year after its effective date. 

 

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

 

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. 2007-13 re-enacting the Daytime Juvenile Anti-Loitering Ordinance to be introduced by title only and continued to the next meeting for second reading and adoption.

 

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

 

6.      SUSPENSION OF ANNUAL RATE INCREASES FOR LANDFILL CHARGES AND SOLID WASTE COLLECTION.  The City Council will consider a recommendation to approve the suspension of the five percent annual rate increase effective July 2007 for landfill charges, and the suspension of the five percent annual rate increase effective January 2008 for solid waste collection for fiscal year 2007-08. 

 

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

 

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. 2007-94 to be adopted approving the suspension of landfill and solid waste collection rate increases.

 

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

 

7.      WATER AND SEWER RATE INCREASE.  The City Council will conduct a public hearing, determine if a majority protest exits; and if no majority protests exits, adopt a resolution and introduce an ordinance instituting five percent rate increases effective July 2007 for water and sewer service to sustain the water  and wastewater enterprises’ ability to pay for State Water and operate the water and wastewater system.

 

a.   Staff report to be made.   (Utilities 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 written protests filed, hearing to be closed.

 

f.        Clerk to determine if majority protest exists.

 

g.      Resolution No. 2007-95 to be adopted approving five percent rate increases for water and sewer services to be effective immediately.

 

h.      Ordinance No. 2007-14 approving five percent rate increases for water and sewer services 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

 

 

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);

 

                                         

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, JULY 17, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE JULY 17TH MEETING IS JULY 5, 2007.

 

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

July 5, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

July 9, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

July 10, 2007

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

July 10, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

July 10, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

July 12, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

July 16, 2007

City Hall Conference Room

5:30 p.m.