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

NOVEMBER 6, 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.  Presentation of the quarterly “GOING THE EXTRA MILE (GEM)” Award to:

 

KEN SCHNELL

INFORMATION TECHNOLOGY MANAGER

 

for his exemplary customer service and leadership to the public and City staff, his “go-to” employee attitude to assist every department on a 24/7 basis, his outstanding quality control to ensure that all vital networks are always running smoothly, and his 21 years of co-coordinating the Annual City Employees’ BBQ including orchestrating events and activities, purchasing supplies, and emceeing the event.  Ken’s tireless dedication is the essence of exemplary customer service.

 

B.  Resolution No. 2007- 142 to be adopted commending

 

JENNIFER ALM

 

Police Commander with the Santa Maria Police Department for 29 years of outstanding service to the City of Santa Maria and congratulating her on her retirement.

 

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

 

C.  Proclamation declaring the month of November 2007 as:

 

“AMERICAN DIABETES MONTH”

 

in the City of Santa Maria and encouraging residents to learn more about diabetes and how to prevent it.

 

D.    Proclamation declaring the month of November 2007 as:

 

“NATIONAL METHAMPHETAMINE AWARENESS MONTH”

 

in the City of Santa Maria and urging the community to become educated about the negative societal and economic effect of methamphetamine use.

 

 

2.      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.

 

 

3.      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  October 16, 2007.

 

a.      To be approved.

 

ADMINISTRATIVE SERVICES DEPARTMENT:

 

C.    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.

 

D.    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.

 

CITY ATTORNEY DEPARTMENT:

 

E.     Recommendation of City Staff that the City Council conduct the second reading and adopt ORDINANCE NO. 2007-22 amending Section 4-18.103(c) of the Santa Maria Municipal Code regarding number of hours of massage instruction required for a massage permit.

 

a.      Ordinance No. 2007-22 to be adopted.

 

COMMUNITY DEVELOPMENT DEPARTMENT:

 

F.     Recommendation of City Staff that the City Council conduct the second reading and adopt ORDINANCE NO. 2007-20 changing the zoning from PD/CPO (Planned Development/Commercial Professional Office) and PD/CPO (Senior Overlay) to PD/C-2 (Planned Development/General Commercial) for the Renfrow Auto Development Project located at the northwest corner of Shepard Drive and Battles Road, GPZ-2007-001.

 

a.      Ordinance No. 2007-20 to be adopted.

 

G.    Recommendation of City Staff that the City Council conduct the second reading and adopt ORDINANCE NO. 2007-21 amending Title 9 of the Santa Maria Municipal Code to adopt the 2007 California Building Code, Plumbing Code, Electrical Code, Mechanical Code, Historical Building Code, and the Existing Building Code and new amendments to those codes.

 

a.      Ordinance No. 2007-21 to be adopted.

 

LIBRARY DEPARTMENT:

 

H.     Recommendation of City Staff that the City Council adopt a resolution approving an agreement with the County of Santa Barbara for the operation of a COUNTYWIDE FREE LIBRARY SYSTEM for the 2007-08 fiscal year.

 

a.      Resolution No. 2007-143 to be adopted approving an agreement with the County for the Free Library System.

 

PUBLIC WORKS DEPARTMENT:

 

I.         Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a “NO PARKING ZONE” on Carlotti Drive from 12:00 a.m. to 6:00 a.m. seven days a week along the westerly and easterly right-of-ways of Carlotti Drive between Paden Street and Donovan Road.

 

a.      Resolution No. 2007-144 to be adopted approving a No Parking Zone.

 

J.      Recommendation of the Traffic Committee that the City Council adopt a resolution approving the establishment of a LIMITED TIME (One-Hour) PARKING ZONE along the southerly right-of-way of Lemon Street near Thornburg Street from 10:00 a.m. to 9:00 p.m. seven days a week.

 

a.      Resolution No. 2007-145 to be adopted approving a Limited Time Parking Zone.

 

K.     Recommendation of the Traffic Committee that the City Council adopt a resolution approving the elimination of a TWO-HOUR PARKING ZONE along the westerly right-of-way of North Lincoln Street near West Main Street.

 

a.      Resolution No. 2007-146 to be adopted eliminating a Two-Hour Parking Zone.

 

L.      Recommendation of City Staff that the City Council accept as complete the public improvements and authorize the filing of a NOTICE OF CONTRACT COMPLETION for River Oaks Park (James “Jim” May Park) Observation Deck, Bid No. 2007/06.

 

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

 

M.    Recommendation of City Staff that the City Council accept as complete the public improvements and authorize the filing of a NOTICE OF CONTRACT COMPLETION for the McClelland/Morrison Reconstruction and McClelland Underground Improvements, Bid No. 2007/09.

 

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

 

RECREATION AND PARKS DEPARTMENT:

 

N.     Recommendation of City Staff that the City Council adopt a resolution expressing INTENT TO ANNEX six parcels into the South Miller Street/South College Drive, Northwest, Northeast and Southwest Landscape and Lighting Districts.

 

a.      Resolution No. 2007-147 to be adopted expressing the Council’s intent to annex the Madonna Retail Building and Santa Maria Freeway Center into the South Miller Street/South College Drive Landscape and Lighting District; Central Coast Packaging into the Northwest Landscape and Lighting District; Bradley Road Apartments into the Northeast Landscape and Lighting District; and the Santa Maria Industrial Building and Lakeview Promenade into the Southwest Landscape and Lighting District.

 

 

PRESENTATIONS:

 

4.      Presentation by representatives of the Cabrillo Economic Development Corporation regarding the establishment of a “NeighborWorks Homeownership Center” in the City of Santa Maria.

 

a.      Presentation to be made.

 

b.      Council discussion.

 

 

PUBLIC HEARINGS:

 

5.      CITIZEN’S OPTION FOR PUBLIC SAFETY (COPS) GRANT PROGRAM 2007-08.  The City Council will consider the recommendation from the Police Department to receive this year’s COPS Program funding and appropriate the funds toward the continued funding of two (2) police officer positions.

 

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. 2007-148 to be adopted approving the appropriation of State funds to the Police Department pursuant to the Citizen’s Option for Public Safety (COPS) Program for fiscal year 2007-08.

 

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

 

 

REGULAR BUSINESS:

 

6.      FINDING OF PUBLIC CONVENIENCE OR NECESSITY IN THE MATTER OF THE ISSUANCE OF A TYPE 20 (OFF-SAFE BEER AND WINE) ALCOHOLIC BEVERAGE LICENSE FOR CARNICERIA EL AMIGO ABAD, 717 EAST MAIN STREET, SP-2007-023.  The City Council will consider a recommendation to adopt a motion affirming the protest to the issuance of the alcoholic beverage license as filed by the Police Department and declining to make a finding of public convenience and necessity.

 

a.      Staff report to be made.  (Planning Division Manager)

 

b.      Public input.

 

c.      Council discussion.

 

d.      Motion to be made affirming the protest by the Police Department and declining to make a finding of public convenience and necessity.

 

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

 

7.      FINDING OF PUBLIC CONVENIENCE OR NECESSITY IN THE MATTER OF THE ISSUANCE OF A TYPE 20 (OFF-SAFE BEER AND WINE) ALCOHOLIC BEVERAGE LICENSE FOR LA FAVORITA MARKET, 721 WEST CHURCH STREET, SP-2007-024.  The City Council will consider a recommendation to adopt a motion affirming the protest to the issuance of the alcoholic beverage license as filed by the Police Department and declining to make a finding of public convenience and necessity.

 

a.      Staff report to be made.  (Planning Division Manager)

 

b.      Public input.

 

c.      Council discussion.

 

d.      Motion to be made affirming the protest by the Police Department and declining to make a finding of public convenience and necessity.

 

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

 

8.      FINANCIAL REPORT FOR FIRST QUARTER ENDING SEPTEMBER 30, 2007, AND A BUDGET AMENDMENT REPORT FOR FISCAL YEAR 2007-08.  The City Council will consider the quarterly financial report for the first quarter of Fiscal Year 2007-08 and a budget amendment report approving personnel and operational changes to the 2007-08 Fiscal Year Budget.

 

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

 

b.      Council discussion.

 

c.      Resolution No. 2007-149 to be adopted approving amendments to the budget for fiscal year 2007-08 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 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6. 

 

Agency representative:          Assistant City Manager

 

Employee organization:         Service Employees International Union (SEIU), Local 620; and

 

 

 

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.  COUNCIL MEETING VIDEOS ARE ALSO AVAILABLE FOR VIEWING ON THE CITY'S WEB SITE.  YOUR ATTENDANCE AT THIS PUBLIC MEETING MAY RESULT IN THE RECORDING AND BROADCAST OF YOUR IMAGE AND/OR VOICE.

 

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, NOVEMBER 20, 2007.  THE DEADLINE FOR SUBMITTING ITEMS FOR THE NOVEMBER 20TH MEETING IS NOVEMBER 8, 2007.

 

 

CITY CALENDAR

 

BOARD/

COMMISSION

NEXT

MEETING

 

MEETING PLACE

MEETING

TIME

 

 

 

 

Planning Commission

Nov. 7, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Block Grants Advisory

Committee

Nov. 12, 2007

City Hall Conference Room

5:30 p.m.

 

 

 

 

Landmark Committee

Nov. 13, 2007

City Hall Conference Room

4:00 p.m.

 

 

 

 

Recreation and Parks

Commission

Nov. 13, 2007

City Council Chambers

6:30 p.m.

 

 

 

 

Library Board

Nov. 13, 2007

Library Conference Room

7:00 p.m.

 

 

 

 

Code Compliance Board

Nov. 15, 2007

City Council Chambers

4:00 p.m.

 

 

 

 

All-America City Committee

Nov. 19, 2007

City Hall Conference Room

5:30 p.m.