AGENDA OF THE CITY COUNCIL

CITY OF SANTA MARIA, CALIFORNIA

 

  CITY HALL COUNCIL CHAMBERS 

110 E. COOK STREET

 

 

Mayor Alice Patino

Mayor Pro Tem Jack Boysen

Councilmember Mike Cordero

Councilmember Michael Moats

Councilmember Etta Waterfield

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City Manager Rick Haydon

City Attorney Gil Trujillo

City Clerk Patti Rodriguez

Chief Deputy City Clerk Rhonda Garietz, CMC, Ex-Officio Clerk of the City Council

JULY 18, 2017

CLOSED SESSION AT 5:30 P.M.

REGULAR MEETING AT 6:30 P.M.

 

CALL TO ORDER:   Mayor Patino

ROLL CALL:             Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

 

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. 

 

RECESS:    THE CITY COUNCIL WILL IMMEDIATELY RECESS TO A CLOSED SESSION FOR THE FOLLOWING:

 

1)      PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE pursuant to Government Code Section 54957(b).

 

2)      CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION pursuant to Section 54956.9 (4) (d) of Government Code: (one potential case)

 

3)      CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9 (1) (d) of the Government Code.  David McDaniel v. City of Santa Maria, Workers’ Compensation Appeals Board Case No. ADJ8488421.

 

4)      CONFERENCE WITH LEGAL COUNSEL – LIABILITY CLAIMS pursuant to Government Code Section 54956.95. 

Claimant:  Fred Bertram

Claim No.:  SATM-547916

Agency Claimed Against:  City of Santa Maria

 

5)      CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Section 54956.9 (1) (d) of the Government Code.  Cris Dodos v. City of Santa Maria, Workers’ Compensation Appeals Board Case No. ADJ10446324

 

 

RECONVENE:      CITY COUNCIL WILL RECONVENE TO OPEN SESSION AT 6:30 P.M.

 

 

INVOCATION:

 

 

PLEDGE OF ALLEGIANCE TO THE FLAG:

 

 

CALL TO ORDER:   Mayor Patino

ROLL CALL:             Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

 

CLOSED SESSION REPORT: City Attorney

 

 

1.   RESOLUTIONS/PRESENTATIONS:

     

A.  Proclamation recognizing the month of July 2017 as:

 

RECREATION AND PARKS MONTH

 

in the City of Santa Maria, and encouraging the community to participate in recreation and parks programs, and enjoy the array of opportunities within the City parks, facilities, and recreation programs.

 

B.  Presentation of the Hometown Hero Program in recognition of Santa Maria residents who currently serve or have served in the United States Military, and the naming of the “Summer of 2017 Class of Honorees.”

 

C.  Resolution No. 2017-75 to be adopted honoring and commending Santa Maria Police Corporal:

 

      LOUIS TANORE

 

on his retirement and thanking him for his 25 years of outstanding service to the residents and businesses of the City of Santa Maria.

 

      ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

D.  Introduction and swearing-in of the New Chief of Police.

City Manager Haydon will introduce incoming Chief of Police Phil Hansen and Mayor Patino will administer the Oath of Office, followed with a badge pinning by his wife, Debbie.

 

 

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 items within the subject matter jurisdiction of the City Council 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.

 

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 20, 2017.

 

a.   Minutes to be approved.

 

C.  Recommendation of City Staff that the City Council adopt resolutions authorizing the creation of new classifications, reclassifications to existing positions, adjustments to salary ranges, approving job specifications, abolishing classifications no longer in use, and amending the Conflict of Interest Code as authorized in the 2017-18 Amended City Budget.

 

a.     Resolution No. 2017-76 to be adopted.

 

            b.   Resolution No. 2017-77 to be adopted.

 

D.  Recommendation of City Staff that the City Council designate Mayor Alice Patino as the Voting Delegate, and Assistant City Manager Jason Stilwell as the Alternate, for the League of California Cities Annual Conference.

 

                     a.    Designations to be made.

 

E.    Recommendation of City Staff that the City Council adopt a resolution designating the period of August 1, 2017, through December 31, 2018, as a period of economic hardship for the City of Santa Maria, and authorize the City Manager to implement a Voluntary Time Off Program for City staff.

 

                     a.    Resolution No. 2017-78 to be adopted.

 

F.   Recommendation of City Staff that the City Council accept as complete the public improvements associated with the Bradley Road storm drain system, Meehan Road, Shepard Drive, and Betteravia Road, excluding the traffic signal at Betteravia Road and Bradley Road for Enos Ranchos, Tract 6000; and authorize the further reduction of the Faithful Performance Bond posted in the form of a Surety to guarantee the construction and installation of public improvements to the reduced amount of $1,342,865.81.

 

      a.   Improvements to be accepted and Faithful Performance Bond to be reduced.

 

FINANCE 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 Finance.

 

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 Finance, and having been approved for payment by the Director of Finance.

 

I.    Recommendation of City Staff that the City Council adopt a resolution approving the City of Santa Maria’s 2017 Investment Policy, and delegating the authority for implementing the Investment Policy and oversight responsibility to the City’s Investment Officer.

     

a.     Resolution No. 2017-79 to be adopted.

 

      COMMUNITY DEVELOPMENT

 

J.   Recommendation of City Staff that the City Council adopt resolutions approving the Public Service and Capital Development allocations under the Community Development Block Grant (CDBG) Program for Fiscal Year 2017-18 (This item is being continued to the August 1, 2017, City Council meeting).

 

K.  Recommendation of City Staff that the City Council adopt a resolution approving a determination of public convenience for a Type 21 (Off-Sale General) alcoholic beverage license for the existing Broadway Market & Liquor located at 1535 South Broadway.

 

a.   Resolution No. 2017-82 to be adopted.

 

      PUBLIC WORKS

 

L.   Recommendation of City staff that the City Council adopt a resolution awarding the bid for 2017 Chip Seal, Bid No. 2017/03, to Intermountain Slurry Seal in the amount of $484,484.

                           

a.   Resolution No. 2017-83 to be adopted.

 

RECREATION & PARKS

 

M.  Recommendation of City staff that the City Council adopt a resolution ratifying a Cal Fire Grant Agreement in the amount of $259,075 to be used for an Urban Forest Inventory and Tree Planting Program.

 

a.   Resolution No. 2017-84 to be adopted.

 

N.  Recommendation of City Staff that the City Council adopt resolutions of annexation and assessment for the Northeast and Southwest Landscape Maintenance Districts.

 

a.   Resolution No. 2017-85 to be adopted annexing and authorizing the assessment of landscape maintenance fees to Posada Del Sol and Bay Ave Map located in the Northeast Landscape Maintenance District (Streets and Highways Code Section 22500, et seq.).

 

b.   Resolution No. 2017-86 to be adopted annexing and authorizing the assessment of landscape maintenance fees to “A” Street Deli located in the Southwest Landscape Maintenance District (Streets and Highways Code Section 22500, et seq.).

 

O.  Recommendation of City staff that the City Council adopt a resolution authorizing the corrected assessment of Landscape Maintenance Fees to Diamond A Equipment in the Northwest Landscape Maintenance District (Streets and Highways Code Section 22500, et seq).

 

a.   Resolution No. 2017-88 to be adopted.

 

ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

 

APPOINTMENTS

 

4.   APPOINTMENTS TO VARIOUS BOARDS AND COMMITTEES.  The City Council will consider appointments to the Block Grants Advisory Committee, Landmark Committee, Library Board of Trustees, and the Santa Barbara County Library Advisory Committee; and direct staff to continue advertising vacancies on the Board of Appeals and Measure U2012 Citizens’ Oversight Committee, along with any other Board or Committee that still has vacancies. 

 

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

 

b.   Appoint four (4) members to the Block Grants Advisory Committee for a regular term of three (3) years ending July 2020.  Two (2) incumbents have reapplied and two (2) new applications were received. 

 

Incumbents

     Previously Nominated by

Esther Acosta

Kelly White O’Neill 

 

Councilmember Orach/Moats

Councilmember Boysen

 

New Applicants

Cassandra Bennett

Kathy Hayes

 

 

      Councilmembers Boysen, Moats, Waterfield, and Mayor Patino will each have the opportunity to nominate one member for terms ending in July 2020.

 

c.   Appoint one (1) member to the Landmark Committee for an unexpired term ending January 2018. One (1) new application was received.

     

           New Applicant                                              

           Kyler Corral                                                                

 

      The appointment will be made by Mayor Patino with ratification by the City Council. 

 

d.   Appoint one (1) member to the Library Board of Trustees for a regular term of three (3) years ending July 2020. One (1) application was received from the incumbent.  No new applications were received.

     

           Incumbent                                                      Previously Nominated by

           Laura Selken                                                               Mayor Patino

 

      The appointment will be made by Mayor Patino with ratification by the City Council. 

 

e.   Appoint one (1) member to the Santa Barbara County Library Advisory Committee for a regular term of one (1) year, coterminous with the Santa Barbara Countywide Library Agreement.  One (1) application was received from the incumbent.  No new applications were received.

     

           Incumbent                                                      Previously Nominated by

           Marilyn Ayers                                                              Mayor Patino

 

      The appointment will be made by Mayor Patino with ratification by the City Council. 

 

f.    Direct staff to re-advertise vacancies on the Board of Appeals, Measure U2012 Citizens’ Oversight Committee, and any other Board or Committee that still has vacancies.

 

ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

 

PUBLIC HEARING

5.   ANNUAL WEED ABATEMENT PROGRAM ASSESSMENTS.  The City Council will consider protests to the proposed assessments for the City’s Annual Weed Abatement Program to be collected as part of the 2017-18 property tax rolls.

 

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

 

b.   Written communications.

 

c.   Public hearing to be opened and 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.    Council discussion.

 

g.   Resolution No. 2017-89 to be adopted confirming the report of weed abatement costs and directing the costs to be submitted to Santa Barbara County for collection with the 2017-18 property tax rolls.

 

ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

 

REGULAR BUSINESS

 

6.   2017 ADDITIONAL TECHNICAL AMENDMENTS TO THE SANTA MARIA MUNICIPAL CODE.  The City Council will consider an ordinance making various technical amendments to the Santa Maria Municipal Code.

 

a.   Staff report to be made. (Assistant City Attorney)

 

b.   Public input.

 

c.   Council discussion.

 

d.   Ordinance No. 2017-10 to be introduced by title only for first reading, and continued to the next meeting for second reading and adoption, amending various sections of the Santa Maria Municipal Code relating to the Director of Finance, Personnel, Property Nuisances, No-Stopping Zones, Fire Code, Zoning, and Fee Schedules.

 

ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

7.   URGENCY ORDINANCE EXTENSION – MORATORIUM ON CANNABIS.  The City Council will consider a resolution extending the expiration date of Urgency Ordinance No. 2016-18 imposing a moratorium on the manufacturing, processing, laboratory testing, labeling, storing, and wholesale and retail distribution of cannabis; and introducing an ordinance repealing Chapter 12-54, Cannabis Regulations, from the Zoning Code (Title 12) and adding new Chapter 6-12, Cannabis Regulations, in the Public Safety and Welfare Code (Title 6) of the Santa Maria Municipal Code.

 

a.     Staff report to be made.   (Assistant City Attorney)

 

b.     Public input.

 

c.     Council discussion.

 

d.   Resolution No. 2017-90 to be adopted extending Urgency Ordinance No. 2016-18 by one (1) year prohibiting manufacturing, processing, laboratory testing, labeling, storing and wholesale and retail distribution of cannabis.

 

e.   Ordinance No. 2017-11 to be introduced for first reading and continued to the next meeting for second reading and adoption, repealing Chapter 12-54, Cannabis Regulations, from the Zoning Code (Title 12) and adding new Chapter 6-12, Cannabis Regulations, to the Public Safety and Welfare Code (Title 6) of the Santa Maria Municipal Code.

 

ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

8.   SETTING A NEW TIME FOR REGULARLY SCHEDULED CITY COUNCIL MEETINGS.  The City Council will consider an ordinance amending the Santa Maria Municipal Code to revise the start time for regularly scheduled City Council meetings.

 

a.     Staff report to be made.   (Deputy City Manager)

 

b.     Public input.

 

c.     Council discussion.

 

d.   Ordinance No. 2017-12 to be introduced, for first reading and continued to the next meeting for second reading and adoption, amending Section 2-1.01 of Chapter 2-1 of the Santa Maria Municipal Code to change the time of the regular City Council meetings to 6:00 p.m.

 

ROLL CALL:   Councilmembers Boysen, Cordero, Moats, Waterfield, and Mayor Patino

 

 

REPORT BY CITY MANAGER:

 

 

ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS):

 

 

ADJOURNMENT:

 

 

PLEASE NOTE:

CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON COMCAST CABLE TELEVISION CHANNEL 23 AND ARE REBROADCAST AT 9:00 A.M. ON THE NEXT THURSDAY AND ON THE FOLLOWING TUESDAY AT 6:30 P.M.  COUNCIL MEETING VIDEOS ARE ALSO AVAILABLE FOR VIEWING ON THE CITY’S WEBSITE.  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, AUGUST 1, 2017. THE DEADLINE FOR SUBMITTING ITEMS FOR THE AUGUST 1ST MEETING IS WEDNESDAY, JULY 19, 2017.

 

 

CITY CALENDAR

 

BOARD/COMMISSION

NEXT MEETING

MEETING PLACE

   TIME

 

 

 

 

City Council

 Aug. 01, 2017

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Planning Commission

 Aug. 02, 2017

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Library Board

 Aug. 08, 2017

Library Conference Room

1:00 p.m.

 

 

 

 

Landmark Committee

 Aug. 08, 2017

Library Study Room #C

4:00 p.m.

 

 

 

 

Recreation and Parks Commission

 Aug. 08, 2017

City Hall Council Chambers

4:00 p.m.

 

 

 

 

Block Grants Advisory Committee

 Aug. 14, 2017

Community Development

5:30 p.m.

 

 

 

 

City Council

 Aug. 15, 2017

City Hall Council Chambers

6:30 p.m.

 

 

 

 

Planning Commission

 Aug. 16, 2017

City Hall Council Chambers

6:30 p.m.

 

 

 

CITY COUNCIL MEETING INFORMATION AND PROCESS:

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. Any writing or documents provided to a majority of the City Council after distribution of the Agenda will also be available for public inspection in the Office of the City Clerk and the Library.  If requested, the agenda and supporting documents shall be made available in alternative formats to persons with a disability.  The City Clerk’s Office will answer any questions regarding the agenda.

 

Materials related to an item on this agenda submitted after distribution of the agenda packet will also be available with the agenda material for public inspection during normal business hours in the City Clerk’s Office, 110 E. Cook Street, Rm. 3, Santa Maria.  Subject to the ability to post the documents prior to the meeting, such documents will also be available on the City’s website at http://www.cityofsantamaria.org/city-government/departments/city-clerk-records/council-agenda-information and selecting the Current City Council Agenda link.  A notification will be added to the online agenda to indicate that agenda materials were received after distribution of the agenda packet.

 

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, use profane language, interrupt or disrupt the meeting.  All cellular telephones 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.

 

To receive reasonable accommodation under the Americans with Disabilities Act during the meeting, please notify the City Clerk’s office of your needs during business hours at least 48 hours in advance of the meeting (typically before 5 p.m. on the Friday before the meeting).  The Office of the City Clerk is located at 110 East Cook Street, Santa Maria, Room 3; telephone (805) 925-0951, extension 2307.  The City will give primary consideration to your request in providing assistance.  Examples of assistance may include exhibits in large-sized format, use of assisted listening equipment, use of the California Relay Service, texting by cellular phone, or the services of a live interpreter.

 

Assisted listening 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, contact the Office of the City Clerk by 1:00 p.m. on Monday before the meeting.  Equipo también puede ser utilizado para la asistencia de traducción para esas personas que solamente hablan español.  Para permitirle a la Ciudad que coordine y solicite un traductor de un grupo de voluntarios, llame al 925-0951 extensión 2307 a la 1:00 de la tarde el lunes antes de la junta.