Agenda — Santa Maria City Council, May 7, 2024

Mayor Alice Patino
Mayor Pro-Tem Gloria Soto
Councilmember Mike Cordero
Councilmember Carlos Escobedo
Councilmember Maribel Aguilera-Hernandez

CITY COUNCIL AGENDA

CITY OF SANTA MARIA, CALIFORNIA

Tuesday, May 7, 2024
CLOSED SESSION - 4:30 P.M.

REGULAR SESSION - 5:30 P.M.

Oral Comments during the meeting:

In-person format. Attend the meeting in-person in the City Hall Council Chambers at 110 East Cook Street, Santa Maria, and submit a request to speak to the Clerk or City staff. •
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Public Written Comments prior to the meeting (must be received by 2:00 p.m. in advance of the meeting*):

Email - Submit Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.
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Mail - Delivered by the U.S. Postal Service. Address letters to the City Council, Attn.: City Clerk's Office at 110 East Cook Street, Santa Maria, CA 93454. Letters will not be read aloud during the meeting.
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*All written correspondence will be distributed to Councilmembers and attached to the associated meeting agenda (under Public Comment or Agenda Item); however, submissions received after the deadline will not be processed until the following day.

How to watch the meeting from home:

Comcast Channel 23 - Live during the meeting, and rebroadcast on Thursday at 9:00 a.m. after the meeting and again on Tuesday at 5:30 p.m. the following week.

1. Live Webcast - Online from the Agenda Center & Meetings Portal (select meeting date) or at https://video.isilive.ca/santamaria/live.html. Note - When no meeting is streaming, the window will read "Searching for live stream."

2. You Tube Live Stream - You Tube Webcast.

Note: Live Webcast and You Tube Live are typically available within 15 minutes before the start of the meeting. There is a delay of about 15-30 seconds with both the Live Webcast and You Tube Live Stream.

3. Zoom Meeting Portal - Registration is required (link above) even for observing the meeting.4.

American Disability Act Accommodations:

Any member of the public who needs accommodations should email the City Clerk’s Office at [email protected] or call 805-925-0951 x2306. The City Clerk’s Office will use its best efforts to provide reasonable accommodation by request at least 48 hours ahead of the meeting.

CLOSED SESSION

1. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

2. PUBLIC COMMENT PERIOD
In-person oral comments will be accepted during this time. There is no Zoom participation available for the Closed Session Public Comment period. Written comments may be submitted per the instructions above.

3. RECESS-CLOSED SESSION
The City Council will immediately recess to a closed session for the following:

3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6
Agency Representative: Interim City Manager Alex Posada, Interim Human Resources Officer Dawn Jackson, and Negotiations Team.

Employee Organizations: All bargaining units, unrepresented employees, managers, and executives.

3.b Public Employee Recruitment - City Manager, Pursuant to California Government Code §54956.8

4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P.M.

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

7. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, Councilmember Soto, and Mayor Patino

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION

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9. PROCLAMATIONS

9.a Proclamation - “Water Awareness Month” - May 2024
The City Council will consider declaring the month of May 2024 as “Water Awareness Month” in the City of Santa Maria.

Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

9.a.1 Presentation - Water Awareness Poster Contest Winners The City Council will receive a presentation of the 2024 water awareness poster contest winners.

9.b Proclamation – “Fentanyl Awareness Day” – May 9, 2024 Present a Proclamation recognizing May 9th, 2024, as “Fentanyl Awareness Day” in the City of Santa Maria to raise awareness and prevent overdose caused by fentanyl.

9.c Proclamation – “Compost Awareness Week” – May 5 through 11, 2024 Present a Proclamation recognizing May 5th through 11th, 2024, as Compost Awareness Week in the City of Santa Maria.

9.d Proclamation - “National Police Week” - May 12 through May 18, 2024, and “Peace Officers’ Memorial Day” – May 15, 2024.

Present a Proclamation recognizing the week of May 12th through May 18th, 2024, as “National Police Week” and Wednesday, May 15th, 2024, be declared “Peace Officers’ Memorial Day” in the City of Santa Maria.

9.e Proclamation – “Go Rodeo Days” – May 7 through June 2 Present a Proclamation recognizing May 7th through June 2nd, 2024, as “Go Rodeo Days” in the City of Santa Maria.

9.f Proclamation – “National Bike Month” – May 2024
Present a Proclamation recognizing May 2024, as “National Bike Month” in the City of Santa Maria, and encourage people to join in celebrating bicycling.

10. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
The City Council values your input. Instructions are provided above (page 1) for communicating with the City Council. Individual speakers are limited to three minutes or as directed by the Mayor.

11. 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.

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RECOMMENDATION:

Adopt the Consent Calendar as submitted.

11.a CITY MANAGER/CITY CLERK DEPARTMENT

11.a.1 Ordinances and Resolutions
RECOMMENDATION:

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.

11.a.2 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the regular City Council meeting of April 16, 2024.

11.a.3 Adoption of a Resolution Approving an Amendment to Santa Barbara County Association of Governments Joint Powers Agreement
The City Council will consider adopting a Resolution approving an Amendment to Santa Barbara County Association of Governments Joint Powers Agreement.

RECOMMENDATION:

Adopt a Resolution approving an amendment to the Joint Powers Authority Agreement for Santa Barbara County Association of Governments to add the role of coordination of broadband activities.

11.b COMMUNITY DEVELOPMENT DEPARTMENT

11.b.1 Employee Housing Resource Officer Annual Report
The City Council will receive, review, and file the Employee Housing Resource Officer annual report.

11.c FINANCE DEPARTMENT

11.c.1 Payment of Warrants
RECOMMENDATION:

Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

11.c.2 Payment of Payroll
RECOMMENDATION:

Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

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11.d PUBLIC WORKS DEPARTMENT

11.d.1 Adoption of a Resolution Approving the Establishment of Angle Parking on West Cypress Street
The City Council will consider approving the establishment of angle parking on West Cypress Street between South Depot Street and South Railroad Avenue.

RECOMMENDATION:

Adopt a Resolution approving the establishment of angle parking on West Cypress Street.

11.d.2 Adoption of a Resolution Approving the Establishment of Limited-Time Parking Zone on Dal Porto Lane
The City Council will consider approving the establishment of limited-time parking on Dal Porto Lane.

RECOMMENDATION:

Adopt a Resolution establishing a limited-time parking zone on Dal Porto Lane.

11.d.3 Adoption of a Resolution to Approve the Establishment of Limited-Time Parking Zone on Fairway Drive
The City Council will consider approving the establishment of a limited-time parking zone on Fairway Drive.

RECOMMENDATION:

Adopt a Resolution establishing a limited-time parking zone on Fairway Drive.

11.d.4 Adoption of a Resolution to Approve the Establishment of Limited-Time Parking Zone on Thompson Way
The City Council will consider approving the establishment of a limited-time parking zone on Thompson Way.

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RECOMMENDATION:

Adopt a Resolution establishing a limited-time parking zone on Thompson Way.

11.d.5 Adoption of a Resolution to Approve the Establishment of Limited Time Parking Zone on South Thornburg Street
The City Council will consider approving establishing a limited-time parking zone on South Thornburg Street.

RECOMMENDATION:

Adopt a Resolution establishing a limited-time parking zone on South Thornburg Street.

11.d.6 Adoption of a Resolution to Approve the Establishment of Preferential Parking Privileges in The Pacific Crest Estates Neighborhood
The City Council will consider approving the establishment of preferential parking privileges in the Pacific Crest Estates neighborhood.

RECOMMENDATION:

Adopt a Resolution approving the establishment of preferential parking privileges to vehicles displaying a valid parking permit in the Pacific Crest Estates Neighborhood bounded by the southerly Right of Way of West Battles Road, easterly Right of Way of Biscayne Street, northerly Right of Way of Sonya Lane, westerly Right of Way of Pergola Street, and the existing pedestrian path.

12. REGULAR BUSINESS
ORDER OF PROCEEDINGS FOR REGULAR BUSINESS ITEMS:

Council Agenda Report to be given.

Questions from the City Council.

Written communications/Public input.

City Council discussion and action.

12.a The Taxpayer Protection and Government Accountability Act The City Council will consider adopting a Resolution opposing Initiative No. 21- 0042A1, the “Taxpayer Protection and Government Accountability Act”.

RECOMMENDATION:

Adopt a Resolution opposing Ballot Initiative No 21-0042A1, the “Taxpayer Protection and Government Accountability Act”.

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12.b Conceptual Review of Proposed Downtown Redevelopment by the Vernon Group on City-Owned Parcels
The City Council will provide comments to address the applicant’s request and provide further direction to City staff regarding the proposed downtown redevelopment as part of a future sales and disposition agreement between Vernon Property Group, LLC and the City of Santa Maria.

12.c Review of the Financial Report for the Third Quarter Ending March 31, 2024, and Adoption of Resolutions Approving Third Quarter Amendments to the 2023-24 Budget
The City Council will receive and file the 2023-24 Third Quarter Financial Report and consider the adoption of a Resolution approving amendments to the 2023-24 budget.

RECOMMENDATION:

1. Receive and file the Financial Report for the Third Quarter ending March 31, 2024; and
RECOMMENDATION:

2. Adopt a Resolution approving Third Quarter amendments to the 2023-24 Budget for personnel and operational changes.

13. REPORT BY INTERIM CITY MANAGER

14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234

REPORTS)

15. ADJOURNMENT

PLEASE NOTE:

The next regular meeting of the City Council will be held on May 21, 2024, at 5:30 p.m. The deadline for submitting items for the May 21st meeting is May 8th.

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 5:30 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.

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

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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 and available for public inspection during City Hall business hours the Friday before the meeting. Any written correspondence 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. 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, Santa Maria. Subject to the ability to post the documents prior to the meeting, such documents will also be available on the City’s meetings website portal for the current City Council meeting at https://cityofsantamaria.org/meetings.

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 that 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 3 p.m. on the Thursday before the meeting). The Office of the City Clerk is located at 110 East Cook Street in Santa Maria; telephone (805) 925-0951, extension 2306. 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 interpretation by Spanish-only speaking persons. To allow the City to coordinate and request a Spanish interpreter 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 interpretación para esas personas que solamente hablan español. Para permitirle a la Ciudad que coordine y solicite un interprete de un grupo de voluntarios, llame al (805) 925-0951 extensión 2307 a la 1:00 de la tarde el lunes antes de la junta.

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FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Director of Utilities Shad S. Springer

SUBJECT: Proclamation - “Water Awareness Month” - May 2024

Description:

The City Council will consider declaring the month of May 2024 as “Water Awareness Month” in the City of Santa Maria.

BACKGROUND:

Each year, the Utilities Department, along with other water purveyors, observes the month of May as Water Awareness Month to educate the community and encourage the wise use of water.

DISCUSSION:

The Utilities Department maintains a robust water awareness and conservation program that includes community outreach, school education, complimentary home water visits, and suspected leak notifications. The objective of the City’s ongoing conservation campaign is to remind the community of the importance of conserving this natural resource.

Historically, water use increases in the month of May as summer approaches, especially for outdoor use. The community can help conserve over the summer by implementing the following tips outdoors:

Outdoor Conservation Tips
 Plant drought-tolerant or drought-resistant plants and trees.  Replace grass or turf with water-wise plants.
 Recycle indoor water to use on plants.
 Refrain from watering landscapes for 48 hours after rainfall.  Use a broom to clean driveways, patios, and sidewalks, instead of a hose.  Water outdoor landscapes in the early morning or late evening when temperatures are cooler (before 12:00 p.m. and after 4:00 p.m.).

On an ongoing basis, the following tips can also be implemented indoors:

2 Indoor Conservation Tips
 Install water-saving devices, such as low-flow showerheads, high-efficiency toilets, and kitchen and bathroom faucet aerators.
 Reduce showers by two minutes and save five gallons of water.  Turn water off while brushing teeth and save three gallons of water.  Fix leaky faucets and save up to 20 gallons of water per day.  Wash a full load of laundry (no partial loads) and save 15 to 50 gallons per load.

When funding is available, the State of California offers water rebates for turf replacements and toilet upgrades; that information is posted to the City website as it becomes available.

Fiscal Considerations
Costs for the conservation program are within the Utilities Department’s budget allocation for Fund 002 for the current fiscal year.

Impact to the Community
Reducing water use helps residents and businesses save money while preserving Earth’s natural resources.

City of Santa Maria
Santa Maria, California
Proclamation

WHEREAS, the City of Santa Maria maintains a robust water awareness and conservation program that includes community outreach, school education, complimentary home water visits, and suspected leak notifications to residential and commercial customers; and

WHEREAS, every industry, business, and resident can make a difference by conserving water at work, home, and school; and

WHEREAS, residents of all ages and businesses and industries of all types are invited and encouraged to implement just one of many tips and ideas to help conserve and save water in Santa Maria.

NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria, hereby proclaim the month of May 2024 as

“WATER AWARENESS MONTH”

in the City of Santa Maria and urge everyone to do their part to conserve and preserve this precious resource.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 7th day of May 2024.

______________________________________
Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Director of Utilities Shad S. Springer

SUBJECT: Presentation of Water Awareness Poster Contest Winners

Description:

The City Council will receive a presentation of the 2024 water awareness poster contest winners.

BACKGROUND:

The Utilities Department sponsors an annual water awareness poster contest for third- grade students in the Santa Maria -Bonita School District. Students compete by creating colorful posters symbolizing Water Awareness Month and the importance of water awareness and conservation.

DISCUSSION:

The Utilities Department will present the five winners of this year’s contest. Certificates and prizes will be awarded to students with winning posters in the following categories:
 Most Educational
 Most Colorful
 Most Original
 Most Water Aware
 Best Celebration of Water

Following the presentation, the winning posters will be displayed at City Hall, featured on the City’s website and social media, and highlighted in the Santa Maria Times and the Santa Maria Sun.

Fiscal Considerations
Costs associated with this annual contest are funded within the Utilities Department’s budget allocation for Fund 002 for the current fiscal year.

Impact to the Community
The Water Awareness Poster Contest is an extension of the classroom experience where students learn about conservation and the importance of using water wisely.

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

SUBJECT: Proclamation – “Fentanyl Awareness Day” – May 9, 2024

Present a Proclamation recognizing May 9 th, 2024, as “Fentanyl Awareness Day” in the City of Santa Maria to raise awareness and prevent overdose caused by fentanyl.

BACKGROUND:
“Fentanyl Awareness Day” is a day of education to raise public awareness that people are dying at alarming rates due to illicitly manufactured drugs mixed with fentanyl, a synthetic opioid, to increase potency, and pressed into pills made to look like legi timate pharmaceutical drugs.

DISCUSSION:

Fentanyl is odorless, tasteless, cheap, and extremely potent, 50 times more potent than heroin and 100 times more tenant than morphine. The number of opioid -related deaths involving fentanyl specifically increased from 12 in 2019 to 115 overdose deaths in 2022.

It is becoming more common for individuals to use drugs without knowing it contains fentanyl and overdose as a result.

Attachment: Proclamation

City of Santa Maria
Santa Maria, California
Proclamation

WHEREAS, “Fentanyl Awareness Day” is a day of education to raise public awareness that people are dying at alarming rates due to illicitly manufactured drugs mixed with fentanyl, a synthetic opioid, to increase potency, and pressed into pills made to look like legitimate pharmaceutical drugs; and

WHEREAS, the most common drugs involved in overdose deaths are fentanyl and other synthetic opioids, and over 150 people die every day from overdos es related to synthetic opioids like fentanyl; and

WHEREAS, fentanyl is odorless, tasteless, cheap, and extremely potent, 50 times more potent than heroin and 100 times more potent than morphine . The number of opioid -related deaths involving fentanyl spec ifically increased from 12 in 2019 to 115 overdose deaths in 2022; and

WHEREAS, it is becoming more common for individuals to use drugs without knowing it contains fentanyl and overdose as a result; and

WHEREAS, overdose deaths linked to synthetic opioids like fentanyl tripled nationally among teenagers in the last two years; and

WHEREAS, signed into law by Governor Newsom in October 2023, Assembly Bill 701 allows the penalties for fentanyl trafficking to mirror those of Schedule I drugs such as heroin and cocaine; and

WHEREAS, Fighting Back Santa Maria Valley Coalition will play an important role in highlighting the community-wide efforts to increase awareness and decrease the use of this highly addictive and dangerous drug; and

NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby proclaim May 9, 2024, as

“Fentanyl Awareness Day”

in the City of Santa Maria to raise awareness and prevent overdoses caused by fentanyl.

The City of Santa Maria, Fighting Back Santa Maria Valley Coalition, and many partners have come together to invite all residents to participate in Fentanyl Awareness Day.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 7th day of May 2024.

______________________________
Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

SUBJECT: Proclamation – “Compost Awareness Week” – May 5 through 11, 2024

Present a Proclamation recognizing May 5th through 11th, 2024, as Compost Awareness Week in the City of Santa Maria.

BACKGROUND:

The Compost Research & Education Foundation, along with Canada, Australia, the United Kingdom, and other countries have declared the first full week of May to be the annual International Compost Awareness Week.

DISCUSSION:

Organic materials suitable for composting represent a large percentage of materials that are landfilled and could be composted each year and composting is an effective form of waste reduction, reuse and r ecycling. Compost improves the soil structure, reduces erosion and run -off, supplies the soil with a variety of macro and micronutrients; and enables compost-amended soils to use less water.

The City of Santa Maria has initiated Greenwaste and Foodwaste collection programs to aid in the efforts of Environmental Sustainability. Engel & Gray Inc. Regional Composting Facility, Santa Maria, has been successfully composting organic material for sustainable agricultural practices since 1993, and the City has invested in collection programs to meet state requirements and save valuable landfill space.

Attachment: Proclamation

City of Santa Maria
Santa Maria, California
Proclamation

WHEREAS, the Compost Research & Education Foundation, along with Canada, Australia, the United Kingdom, and other countries have declared the first full week of May to be the annual International Compost Awareness Week;

WHEREAS, organic materials suitable for composting represent a large percentage of materials that are landfilled and could be composted each year and composting is an effective form of waste reduction, reuse and recycling. Compost improves the soil structure, reduces erosion and run-off, supplies the soil with a variety of macro and micronutrients; and enables compost-amended soils to use less water, and

WHEREAS, using sustainable soil-enriching composts helps prevent the erosion of valuable topsoil without depleting valuable wildlife habitats . Community Sustainability is enhanced by composting green waste, biosolids, and other organic materials and promoting the use of renewable resources in landscaping, horticulture, and agriculture; and

WHEREAS, returning composted organic resources to the soil is a method of decreasing the dependence on chemical fertilizers, decreasing erosion, reducing water consumption, and non point pollution; and

WHEREAS, The City of Santa Mar ia has initiated Greenwaste and Foodwaste collection programs to aid in the efforts of Environmental Sustainability . Engel & Gray Inc. Regional Composting Facility, Santa Maria, has been successfully composting organic material for sustainable agricultural practices since 1993, and the City has invested in collection programs to meet state requirements and save valuable landfill space; and

NOW, THEREFORE, I, ALICE M. PATINO , Mayor of the City of Santa Maria, hereby recognize the week of May 5th – 11th, 2024, as:

“COMPOST AWARENESS WEEK”

in the City of Santa Maria , as well as recognize the efforts of the Composting Councils, Extension Agents, householders, landscapers, farmers, recyclers, public workers, composters, gardeners, and plant growers everywhere, along with Engel & Gray Inc., and Harvest Blend Compost.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 7th day of May 2024.

______________________________________
Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

BY: Chief of Police Marc Schneider

SUBJECT: Proclamation - “National Police Week” - May 12 through May 18, 2024, and “Peace Officers’ Memorial Day” – May 15, 2024.

Present a Proclamation recognizing the week of May 12 th through May 18 th, 2024, as “National Police Week” and Wednesday, May 15 th, 2024, be declared “Peace Officers’ Memorial Day” in the City of Santa Maria.

BACKGROUND:

Every year, the week beginning on Mother’s Day is recognized as "National Police Week”.

This week is set aside in memory of the men and women in law enforcement agencies across the nation who lost their lives while performing their duties. Since 1995, the Santa Maria Police Officers’ Association has coordinated a memorial service and, in cooperation with the Santa Maria Police Department, has invited Northern Santa Barbara County law enforcement agencies, other public entities, and the general public to participate.

DISCUSSION:

In honor of our fallen officers, law enforcement agencies across the State of California will join agencies across the nation in setting aside a time to remember those officers and their contribution to the communities they served . Santa Maria will host a memorial service at the Santa Maria Police Department located at 1111 W est Betteravia Road, which will involve the Northern and Southern Santa Barbara County law enforcement agencies. The memorial service is open to other public agencies, as well as the general public.

The purpose of the memorial service has always been to educate the public as to the hazards faced by those sworn to protect them and to create an environment where the public can interact with their police departme nt. Although a formal environment exists, this is an alternative environment, different than what is created during an enforcement stop, or when a member of the public has been victimized. This type of ceremony has proven to generate civic pride and has provided a means for our officers to honor fallen kinsmen.

2 As part of the lead into National Police Week, a Proclamation has been prepared in recognition of May 12 th through May 18 th, 2024, as “National Police Week,” and proclaiming Wednesday, May 15th, 2024, as “Peace Officers’ Memorial Day” in the City of Santa Maria. Federal law requires the flag be flown at half -staff during this week in honor of law enforcement officers across the country who have died this past year in the performance of their duties.

Attachment: Proclamation

City of Santa Maria
Santa Maria, California
Proclamation

WHEREAS, of all the promises America offers, none is more precious or elusive than the right to be free from crime; and

WHEREAS, the dedicated men and women who have chosen law enforcement as a career face extraordinary risk and danger in preserving our freedom and security; and

WHEREAS, during the week of May 12 through May 18, 2024, “National Police Week” is observed to recognize the hazardous work, serious responsibility, and strong commitment of our Nation’s Peace Officers; and

WHEREAS, in conjunction with this important observance, the City of Santa Maria is observing May 15, 2024, as “Peace Officers’ Memorial Day ” in commemoration of those noble officers who have tragically sacrificed their lives in the line of duty; and

WHEREAS, four California Peace Officers are recognized as being killed in the line of duty during 2023; and

WHEREAS, these special observances provide all Santa Marians with the opportunity to appreciate the heroic men and women who have dedicated their lives to preserving public safety.

NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby recognize the week of May 12 through May 18, 2024, as:

“NATIONAL POLICE WEEK”

And proclaim Wednesday, May 15, 2024, as:

“PEACE OFFICERS’ MEMORIAL DAY”

in the City of Santa Maria , and encourage all residents to remember those individuals who gave their lives for our safety and express our appreciation to those who continue to dedicate themselves to making Santa Maria a safer place in which to live.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 7th day of May 2024.

Mayor Alice M. Patino

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

SUBJECT: Proclamation – “Go Rodeo Days” – May 7 through June 2

Present a Proclamation recognizing May 7th through June 2nd, 2024, as “Go Rodeo Days” in the City of Santa Maria.

BACKGROUND:

Santa Maria will host the 81st annual Elks Rodeo and Parade, from May 30 through June 2, 2024. The first Santa Maria Elks Rodeo, held June 3 through 4, 1944, was referred to as the “Elks Recreational Foundation Benefit Wild West Show and Racing Meet.” The program included bronc riding, bareback riding, bulldogging, calf roping, steer stopping, and team roping, and had over 5,000 attendees.

DISCUSSION:

The first rodeo introduced a parade as part of the celebration. This year the parade will take place on Saturday, June 1 st, traversing down Broadway between Mill and Enos Streets. After the parade , a street fair will occur in the JCPenney parking lot, located at 1321 South Broadway. The City of Santa Maria will participate in Go Rodeo Days from May 7th through June 2nd, 2024.

The Rodeo will feature events including Team Roping, Bull Riding, Bronc Riding, Bareback Riding, Tie Down Roping, Steer Wrestling, and the WPRA Barrel Racing and Breakaway Roping. This year’s event will also include specialty acts, the Flying Cowboys, Junior Breakaway Roping, and Elks Team Roping.

Attachment: Proclamation

City of Santa Maria
Santa Maria, California
Proclamation

WHEREAS, the time is fast approaching for the 81st annual Elks Rodeo and Parade, May 30th through June 2nd, 2024, in the City of Santa Maria, considered by many to be the event of the year; and

WHEREAS, continuing the tradition of Clarence Minetti and Leland "Butch" Simas, hundreds of loyal Elks Lodge #1538 members have volunteered and have been drafted to make this rodeo a tremendous success and to cause Elks Lodge #1538 to be named "Number One" Elks Lodge in the United States numerous times over the last 35 years; and

WHEREAS, the Santa Maria Elks Rodeo Parade will begin at 10:00 a.m. on Saturday, June 1st, and continue down Broadway from Mill to Enos Streets; and

WHEREAS, it has been a long-standing tradition to begin wearing western clothes several weeks prior to the Elks Rodeo.

NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria, hereby proclaim May 7th through June 2nd, 2024, as:

"GO RODEO DAYS"

in the City of Santa Maria and encourage all residents and businesses to enter the rodeo spirit by wearing western apparel.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 7th day of May 2024.

____________________________________
Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

SUBJECT: Proclamation – “National Bike Month” – May 2024

Present a Proclamatio n recognizing May 2024, as “National Bike Month” in the City of Santa Maria, and encourage people to join in celebrating bicycling.

BACKGROUND:

The bicycle is an economical, healthy, convenient, and environmentally sound form of transportation and an excellent tool for recreation and enjoyment of Santa Maria’s scenic beauty

DISCUSSION:

The City of Santa Maria facilitates and promotes bicycling through: our Public Works Department which creates and maintains bike lanes, paths, signs and signals, our utilities department which sweeps bicycle lanes clean, our GIS Department which facilitates reporting of needed maintenance, our Community Development Department which makes sure developments have adequate short and long -term bicycle parking, our Rec & Parks Department which maintains bicycle paths and trims City trees and bushes adjoining bicycle paths and lanes and facilitates bicycling events, our Code Enforcement Department which facilitates the trimming of trees and bushes on private property and the proper placement of garbage cans (not in bike lan es), our Police Department which enforces no parking in bicycle lanes and helps protect bicyclists from children to seniors as well as patrolling on bicycles themselves, our Public Library which lends books of how to repair and safely ride bicycles as well as books and movies of bicycle adventures, our schools which teach children to bicycle and the City Council which considers and passes budgets and ordinances to protect and regulate bicycling in our fair city.

Attachment: Proclamation

City of Santa Maria
Santa Maria, California
Proclamation

WHEREAS, the bicycle is an economical, healthy, convenient, and environmentally sound form of transportation and an excellent tool for recreation and enjoyment of Santa Maria’s scenic beauty; and

WHEREAS, the City of Santa Maria facilitates and promotes bicycling through: our Public Works Department which creates and maintains bike lanes, paths, signs and signals, our Utilities Department which sweeps bicycle lanes clean, our GIS Department wh ich facilitates reporting of needed maintenance, our Community Development Department which makes sure developments have adequate short and long -term bicycle parking, our Rec reation & Parks Department which maintains bicycle paths and trims City trees and bushes adjoining bicycle paths and lanes and facilitates bicycling events, our Code Enforcement Department which facilitates the trimming of trees and bushes on private property and the proper placement of garbage cans (not in bike lanes), our Police Depar tment which enforces no parking in bicycle lanes and helps protect bicyclists from children to seniors as well as patrolling on bicycles themselves, our Public Library which lends b ooks of how to repair and safely ride bicycles as well as books and movies of bicycle adventures, our schools which teach children to bicycle and the City Council which considers and passes budgets and ordinances to protect and regulate bicycling in our fair city; and

WHEREAS, creating a bicycling -friendly community has been sho wn to improve citizens’ health, well -being, and quality of life, grow the economy of Santa Maria, improve traffic safety, support student learning outcomes, and reduce pollution, collisions, congestion, and wear and tear on our streets and roads; and

WHEREAS, throughout May, the residents of Santa Maria and its visitors will experience the joys of bicycling through educational programs, commuting events, special bicycle rides, art, film and by simply getting out and going for a ride collectively known as CycleMAYnia; and

WHEREAS, CalBike, MOVE Santa Barbara County, the League of American Bicyclists, schools, our recreation and park department, Santa Maria Valley Chamber, companies , and civic groups will be promoting bicycling during May.

NOW, THEREFORE, I , ALICE M. PATINO, Mayor of the City of Santa Maria hereby proclaim the month of May 2024, as:

“NATIONAL BIKE MONTH”

in the City of Santa Maria, and urge all residents to join me in celebrating bicycling.

IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 7th day of May 2024.

______________________________
Alice M. Patino, Mayor

1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA

April 16, 2024, 5:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria

Roll Call: Mayor Alice Patino, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero (remotely), Councilmember Carlos Escobedo, Councilmember Gloria Soto

Staff Present: Interim City Manager Alex Posada, Assistant City Manager Chuen Wu, City Attorney Thomas Watson, Interim Chief Human Resources Officer Dawn Jackson, Director of Public Works Brett Fulgoni, Interim Director of Community Development Dana Eady, Chief Information Officer Jeffrey Marecic, Interim Director of Recreation and Parks Angela Oslund, Chief of Police Marc Schneider, Director of Utilities Shad Springer, Assistant City Clerk Alexandra Valadez, Deputy City Clerk Ashley Arciniega

_____________________________________________________________________

1. REMOTE PARTICIPATION UNDER ASSEMBLY BILL NO. 2449
Moved by: Mayor Patino
Seconded by: Councilmember Soto
The City Council considered a request from Councilmember Cordero to participate in the meeting (open and closed sessions) remotely via "emergency circumstances" due to a physical or family medical emergency that prevents him from attending in-person per Assembly Bill No. 2449.

The City Council also considered a request from Councilmember Aguilera -Hernandez to participate in the meeting (closed session) remotely via "Jus t Cause" due to a childcare need that prevents her from attending in-person per Assembly Bill No. 2449
For (2): Mayor Patino, and Councilmember Soto
Abstain (2): Councilmember Aguilera-Hernandez, and Councilmember Cordero Absent (1): Councilmember Escobedo
Motion carried by a recorded vote (2 to 0)

CLOSED SESSION

2. CALL TO ORDER
Mayor Patino called the meeting to order at 4:06 p.m.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Mike Cordero (remotely), Gloria Soto, and Mayor Alice Patino.

Councilmember Aguilera-Hernandez did not activate her video during the Zoom session; however, she was physically present prior to the commencement of the Closed Session at 4:25 p.m.

Councilmember Escobedo joined the meeting during the public comment period at 4:19 p.m.

STAFF MEMBERS PRESENT:

2 Interim City Manager Posada, City Attorney Watson, Assistant City Manager Wu, Director of Public Works Fulgoni, Director of Utilities Springer, and Assistant City Clerk Valadez (for roll call only).

3. PUBLIC COMMENT PERIOD
Mayor Patino invited public comment. Speaking from the public was Jeremy Goldberg, Matt Luis, Andrew Kline, Matt Chircop, James Rainville, Charlie Martinez, and Jill Pontes.

4. RECESS-CLOSED SESSION

4.a Real Property Negotiators, Pursuant to California Government Code §54956.8

4.b Conference with Labor Negotiators, Pursuant to California Government Code §54957.6

4.c Public Employee Recruitment - City Manager, Pursuant to California Government Code §54956.8 Mayor Patino recessed to a Closed Session at 4:26 p.m.

5. RECONVENE TO OPEN SESSION

OPEN SESSION

6. INVOCATION
Pastor Gonzalez with Central City Church gave the Invocation.

7. PLEDGE OF ALLEGIANCE
Councilmember Aguilera-Hernandez led the Pledge of Allegiance.

8. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 6:01 p.m.

9. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided to the City's Labor Negotiator.

Instructions provided and direction given for items 4.a, 4.b, and 4.c.

10. PROCLAMATIONS

10.a Proclamation – “National Day of Prayer” – May 2, 2024 The City Council presented a Proclamation recognizing May 2 nd, 2024, as “National Day of Prayer” in the City of Santa Maria, and encouraged people of all faiths to participate in the “Day of Prayer” according to their own traditions. The Proclamation was accepted by Victoria Leach representing Santa Maria Valley Community of Prayer.

10.b Proclamation – “Public Service Recognition Week” - April 5 through May 11, 2024 The City Council presented a Proclamation recognizing the week of May 5 through May 11, 2024, as “Public Service Recognition Week” in the City of Santa Maria to honor public servants for the services they provide to residents in San ta Maria. The Proclamation was accepted by the Human Resources Division.

10.c Proclamation - “National Autism Awareness Month” - April 2024 The City Council presented a Proclamation recognizing the month of April 2024, as “National Autism Awareness Month” in the City of Santa Maria. The Proclamation was accepted by Edgar Gascon.

10.d Businesses of the Quarter – April to June 2024
The City Council presented certificates to the featured Businesses of the Quarter (April to June 2024) – Arrow Plumbing Drain & R epair Service and Trojan Petroleum, Inc. Accepting the certificate on behalf of Arrow Plumbing Drain & Repair Service was Kaniela and Jessica Keuma. Accepting the certificate on behalf of Trojan Petroleum, Inc. was Kathleen Brodie and Larry Schubert.

11. PRESENTATIONS

11.a Transit System Update

3 The City Council received a presentation regarding an update on Santa Maria Regional Transit system, growth, opportunities, and outlook. Staff report given by Transit Services Manager Gamaliel Anguiano.

12. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Christian Soto, Benjamin Ortiz, Gary Hall, Colleen Murr, Cheryl Ausan, and Mona Schaefer for Elena Deparini.

13. CONSENT CALENDAR
Consent Calendar It ems 13.a.1 through 13.d.3 were approved as presented, including the adoption of Resolution Nos. 2024-52, 2024-53, and 2024-54. The recorded vote appears with each item below.

Mayor Patino pulled item 13.d.1 for comment. Speaking from the public on this item was Marjie Kirn and Geoff Straw.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopt the Consent Calendar as submitted.

For (5): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, Councilmember Escobedo, and Councilmember Soto
Motion carried by a recorded vote (5 to 0)

13.a CITY MANAGER/CITY CLERK DEPARTMENT

13.a.1 Ordinances and Resolutions
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Waived 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.

Motion carried by a recorded vote

13.a.2 Approval of Minutes
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Approved the Minutes of the regular City Council meeting of April 2, 2024, and the Special City Council Meeting of April 6, 2024.

Motion carried by a recorded vote

13.b CITY ATTORNEY DEPARTMENT

13.b.1 Second Reading and Adoption of Ordinance No. 2024-05 Technical Amendments – April 2024 Action: Adopted as Ordinance No. 2024-05.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Conducted the second reading and adopted Ordinance No. 2024 -05, amending various sections of the Santa Maria Municipal Code relating to general requirements of business taxes, licenses, and regulations, application for pub lic services, water service, wastewater collection, treatment, and disposal, refuse collection and recycling, cross connections, stormwater runoff pollution prevention, boards, commissions and committees, park rules, residential development tax, subdivision improvements, and personnel.

4 Motion carried by a recorded vote

13.c FINANCE DEPARTMENT

13.c.1 Payment of Warrants
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

13.c.2 Payment of Payroll
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

13.d PUBLIC WORKS DEPARTMENT

13.d.1 Federal Transit Administration 5307 Program of Projects for the Federal Fiscal Year 2024-2027 Federal Transportation Improvement Program
Action: Adopted as Resolution No. 2024-52.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving applications for Federal Transit Administration Section 5307 funds for Fiscal Year 2024 -25, Fiscal Year 2025 -2026, and Fiscal Year 2026 -27 for Santa Maria Urbanized Area.

Motion carried by a recorded vote

13.d.2 Santa Maria Regional Transit Fiscal Year 2023-24 Low Carbon Operations Program Grant Application, Solar Array Electric Vehicle Charger
Action: Adopted as Resolution No. 2024-53.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution authorizing the execution of the Certifications and Assurances and authorized agent forms for the Low Carbon Transit Operations Program, approve the grant application and receipt of Fis cal Year 2023 -24 Low Carbon Operations Program grant funding for $213,970 for the purchase of two Solar Array Electric Vehicle Chargers, designate representatives to act on City Council’s behalf, and amend the Transit Program’s Capital Maintenance Equipment Project Budget to reflect this project.

Motion carried by a recorded vote

13.d.3 Adoption of a Resolution Approving the Disposition of Older Transit Vehicles Action: Adopted as Resolution No. 2024-54.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez

5 Adopted a Resolution authorizing the City Manager, or designee, to sign sales agreements with a reputable auction company to surplus transit vehicles that have met the end of their Federal Transit Administration-defined useful life.

Motion carried by a recorded vote

14. APPOINTMENTS

14.a Measure U Citizens’ Oversight Committee and Recreation & Parks Commission Appointments Moved by: Mayor Patino
Seconded by: Councilmember Aguilera-Hernandez
Measure U Citizens' Oversight Committee
Councilmembers Aguilera -Hernandez and Soto considered appointments for a term of four years ending in January 2027. Councilmember Escobedo also has one nomination for the unexpired term ending in July 2025.

One application received from John Childers, Jr.

Councilmember Escobedo was absent from the room during the appointments and voting process.

Councilmembers Aguilera-Hernandez and Soto did not make appointments.

Recreation & Parks Commission
Councilmember Soto consi dered an appointment for a term of four years and/or coterminous with Councilmember Soto's term.

Four applications were received from Isaac Berumen, Anais Diaz, Benjamin Ortiz, and Jose Ramirez.

Councilmember Soto appointed Anais Diaz to serve a term of fo ur years and/or coterminous with Councilmember Soto's term.

For (4): Mayor Patino, Councilmember Aguilera-Hernandez, Councilmember Cordero, and Councilmember Soto
Absent (1): Councilmember Escobedo
Motion carried by a recorded vote (4 to 0)

15. REGULAR BUSINESS

15.a Measure U Annual Report for the Period Ending June 30, 2023, as Submitted by the Measure U Citizens’ Oversight Committee
The City Council received a presentation from City staff and Vice -Chair of the Measure U Citizens’ Oversight Committee on the Measure U Annual Report for the period ending June 30, 2023; and received and filed the Measure U Citizens’ Oversight Committee 2022 -23 Annual Report. Assistant City Manager Wu gave the staff report, along with Measure U Citizens' Oversight Committee Vice Chair Owen.

Mayor Patino invited public comment. Speaking from the public was Matt Chircop.

16. REPORT BY INTERIM CITY MANAGER
Interim City Manager Posada shared the appointments of Cheun Wu as the official Assistant City Manager and Dana Eady as Interim Community Director.

Interim City Manager Posada reported that the next City Council Meeting would be May 7th. Items on the agenda would include closed -session meetings on Labor and City Manager Recruitment, a Proclamation for Water Awareness Month along with a presentation fo r the Poster Contest Winners, Proclamations for Go Rodeo Days, and Peace Officers' Memorial, Taxpayer Protection and Government Accountability Act, 3rd Quarter Financial Report. Items on the agenda for the City Council Meeting on May 21st would include closed-session meetings on Labor and City Manager Recruitment (Tentative), a

6 Proclamation for Public Works Week, presentations by Santa Maria Community Television and Pavement Management, Engineer's Report, Encampment response and homeless services update.

17. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero had no report.

Councilmember Escobedo reported that he attended the American Riviera Spring Mixer, Closed Session Meeting, Elks Rodeo Queens Kick-Off, and Breakfast with the President at Marian Hospital.

Councilmember Aguilera -Hernandez reported that she attended the Close Session Meeting, Kite Festival, Elks Rodeo Queen Kick Off, and the Women Lawyers Association Meeting.

Councilmember Soto reported that she att ended the Closed Session Meeting and the Ben Heighes Show.

Mayor Patino reported that she attended the Ben Heighes Show, American Riviera Spring Mixer, LAFCO Meeting, First Friday At My Place, City Manager Recruitment Interviews, Elks Rodeo Queen Kick Off, Cal Cities Mayors and Councilmembers Department Roundtable, Marian Psychiatric Outpatient Tour, 63rd Annual California Square Dance Convention, Santa Maria Valley Senior Citizens Club Event, and California Alliance of Local Electeds.

18. ADJOURNMENT
Mayor Patino encouraged the community to attend the Serve Santa Maria Meeting on April 20th at 8:00 a.m. at the Abel Maldonado Center.

Mayor Patino announced the adjournment of the City Council meeting to continue the Closed Session at 7:24 p.m. Subsequently, following the conclusion of the Closed Session, Mayor Patino adjourned the meeting at 8:26 p.m.

_________________________
Chief Deputy City Clerk

_________________________
Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF MAY 7, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Interim City Manager Alex Posada

SUBJECT: Adoption of a Resolution Approving an Amendment to Santa Barbara County Association of Governments Joint Powers Agreement

Description:

The City Council will consider adopting a Resolution approving an Amendment to Santa Barbara County Association of Governments Joint Powers Agreement.

RECOMMENDATION:

Adopt a Resolution approving an amendment to the Joint Powers Authority Agreement for Santa Barbara County Association of Governments to add the role of coordination of broadband activities.

BACKGROUND:

During 2020, at the outset of the COVID -19 pandemic and increased stay-at-home activities, access to affordable , reliable, high -speed internet was exposed as needing much improvement. As such, legislative actions occurred at both the State and Federal levels. In June 2020, California Senate Bill 1462 was approved establishing the California Broadband Council to pr omote broadband deployment in unserved and underserved areas as defined by the California Public Utilities Commission (CPUC). In August 2020, Governor Newsom signed Executive Order N -73-20 which required the development of a Broadband Action Plan for Calif ornia. Furthermore, in July 2021 California Senate Bill 156 authorized Joint Powers Authorities (JPAs) to issue revenue bonds for broadband infrastructure implementation under the Broadband Loan Loss Reserve Fund.

Building upon this momentum at a local level, in October 2021 the Broadband Alliance (Alliance) for Santa Barbara County was formed. The Alliance was comprised of membership for all member agencies of Santa Barbara County Association of Governments (SBCAG), additionally including the Santa Ynez Band of Chumash Indians, the Broadband Consortium of the Pacific Coast , and regional economic development organizations. Contributions were made from American Rescue Plan Act (ARPA) funding to develop a countywide Broadband Strategic Plan (BSP). Work on the BSP began in late 2021 and in December 2022, the SBCAG Board approved the BSP as a framework plan for which to initiate broadband implementation in the County. Prior to the adoption of the BSP, SBCAG received approvals from member agencies.

2 DISCUSSION:

The BSP included several recommendations, one of which was forming a Joint Power Authority (JPA) by member agencies for administering regional broadband to improve the broadband.s. To further explore options for development of the regional broadband, SBCAG and the County of Santa Barbara received grant funding from the California Public Utilities Commission (CPUC) under the Local Agency Technical Assistance (LATA) program. Under the grant, SBCAG initiated work o n JPA options with an initial presentation to its board in October 2023. The SBCAG board approved an option that would have its counsel amend SBCAG’s JPA agreement to include broadband activities.

Members of SBCAG supported this as the simplest approach, not requiring the development of a new JPA, and maintaining local control for broadband implementation and permitting. Following the approval of the JPA amendment language by the SBCAG board, SBCAG counsel was directed to commence seeking input from the me mber agencies. That process has been completed and now the final language is ready for approval by each of the member agencies.

Alternative(s)
The City Council could choose not to adopt the Resolution approving the amendment. If the City Council decides n ot to adopt the Resolution, SBCAG will not be able to move forward with the addition of coordination of broadband activities.

Fiscal Considerations
There is no immediate or direct fiscal impact on the City.

Impact to the Community
The amendment is a positive impact on the community as it is the simplest , most beneficial approach to coordinating broadband activities within the community. It will include bringing in broadband to unserved and underserved residents in our community.

ATTACHMENTS
Attachment A: Second Amended and Restated Joint Powers Agreement for SBCAG Attachment B: Redlined – Second Amended and Restated Joint Powers Agreement for SBCAG

Page 1 of 11 ends

SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

FOR THE

SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS

THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“Agreement”) is made by and among the incorporated cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, and Solvang, all being municipal corporations of the State of California within the County of Santa Barbara; and, the County of Santa Barbara, a body politic and corporate and subdivision of the State of California, as follows:

WHEREAS, in 1966, the County of Santa Barbara, and the Cities of Santa Barbara, Santa Maria, Lompoc, Carpinteria, and Guadalupe e stablished the Santa Barbara County and Cities Area Planning Council through an initial Joint Powers Agreement; and

WHEREAS, beginning in 1990, the member agencies of the Santa Barbara County and Cities Area Planning Council executed an amendment to the initial Joint Powers Agreement to rebrand the agency as the Santa Barbara County Association of Governments which is considered the first amendment to the initial Joint Powers Agreement; and

WHEREAS, through the following resolutions each governing body entered into the first amended Joint Powers Agreement approved in 1990 and replaced by this Second Amended and Restated Joint Powers Agreement:

1. By the City of Buellton, Council Resolution R92-44, on February 27, 1992;

Page 2 of 11 ends

2. By the City of Carpinteria, Council Resolution 1937, on July 23, 1990;

3. By the City of Goleta, Council Resolution 02-32, on February 1, 2002;

4. By the City of Guadalupe, Council Resolution 90-933, on August 27, 1990;

5. By the City of Lompoc, Council Resolution 3994(90), on September 18, 1990;

6. By the City of Santa Barbara, Council Resolution 90-163, on October 2, 1990;

7. By the City of Santa Maria, Council Resolution 90-104, on August 7, 1990;

8. By the City of Solvang, Council Resolution 90-173, on August 13, 1990; and

9. By the County of Santa Barbara, Board Resolution 90-744, on July 24, 1990.

WHEREAS, the City of Santa Barbara by virtue of its charter, and the other incorporated cities and the county, parties hereto have the joint and mutual powers, to address regional planning and program concerns, pursuant to various sections of the California Government Code; to designate an appropriate body to assume the planning responsibilities of an airport land use commission pursuant to Section 21670.1 of the California Public Utilities Code; to participate in regional planning within the meaning of title 42 of the United States Code (U.S.C.) section 3334; to designate a representative organization as the metropolitan planning organization pursuant to title 23 of the U.S.C. section 134(b); and to designate an appropriate body to assume the responsibilities for facilitating regional broadband internet access service or related telecommunications services consistent with, but not limited to, California Senate Bill 156 (2021) (excluding broadband and telecommunication permitting to which each incorporated city and the county shall retain its jurisdictional responsibility); and

WHEREAS, prior to 1990, a joint powers agency known as the Santa Barbara County and Cities Area Planning Council had been designated as the Local Transportation Authority for Santa Barbara County pursuant to California Public Utilities Code section 180000 et seq.,
and as the transportation planning agency pursuant to California Government Code section 29532; and

WHEREAS, prior to 1990, the parties hereto recognized that the County of Santa Barbara with its included incorporated cities had been designated by the Bureau of the Census as

Page 3 of 11 ends

a standard metropolitan area, and was changing from a rural to an urban area with continuing expansion of it s incorporated cities and development of the formerly undeveloped areas; and

WHEREAS, all parties to said joint powers agency wish to reapprove, ratify, and include all of said functions, powers and designations in said agency and approve and give effect to the resolution adopted by said joint powers agency for it to continue to be known hereafter as the Santa Barbara County Association of Governments.

NOW, THEREFORE, it is agreed as follows:

1. The Santa Barbara County and Cities Area Planning Council that existed prior to 1990 consisting of the five members of the Board of Supervisors of the County of Santa Barbara from time to time in office and of one additional member from each incorporated city within the boundaries of the County of Santa Barbara w hich is a party to this agreement, shall continue to be known and designated hereafter as the Santa Barbara County Association o f Governments and is ratified, confirmed and
continued to exercise the powers and fulfill the responsibilities referred to above and by any and all past action, assignment, designation and commitment as has heretofore been conferred upon said Santa Barbara County and Cities Area Planning Council in all aspects of its function and under all designations that it has been subject to. Duly elected members of the State Legislature representing Santa Barbara County shall continue ex officio status with said agency. The representatives from each city may be the mayor or any member of the City Council and shall serve so long as he or she shall hold office or until resignation or removal by majority vote of the City Council represented. Vacancies among representatives from the incorporated cities shall be filled in the same manner as the first appointment.

County Supervisors shall serve so long as he or she shall hold office.

2. The Santa Barbara County Association of Governments shall serve as a transportation planning agency pursuant to Section 29532 of the Government Code;

Page 4 of 11 ends

as the Transportation authority pursuant to California Public Utilities Code section 180000 et seq.; as the metropolitan planning organization responsible for carrying out the provisions of title 23 of the U.S.C. section 134; as the airport land use commission pursuant to Section 21670.1 of the Publ ic Utilities Code ; as a metropolitan clearinghouse pursuant to Section 204 of Public Law 89-754 (42 U.S.C. § 3334); and, as the local agency responsible for facilitating regional broadband internet access service or related telecommunications services consistent with, but not limited to, California Senate Bill 156 (2021) (excluding broadband and telecommunication permitting to which each incorporated city and the county s hall retain its jurisdictional responsibility) . The Santa Barbara County Association of Governments may by resolution consent to serve as lead planning organization for air quality pursuant to Section 174 of Public Law 95-95 (42 U.S.C. § 7504) in the event the Board of Supervisors of Santa Barbara County relinquishes its designation as lead planning organization.

3. In addition to the incorporated cities mentioned in this Agreement, any other city which may hereafter be incorporated within the boundaries of the County of Santa Barbara and which may desire to participate in the activities of this Santa Barbara County Association of Governments may do so by executing this Agreement without prior approval or ratification of the named parties to this Agreement an d shall thereafter be bound by all of the terms and provisions of this Agreement as of the date of execution.

4. The time, place and dates of regular meetings, the method of calling special meetings, the election of such officers and the employment of such personnel as are deemed necessary and appropriate, arrangements for financing, and rules of procedures all be as provided in Bylaws adopted by the Santa Barbara County Association of Governments, or in the absence of Bylaws by majority vote of the governing board of said agency. In any event, regular meetings shall be held not less often than quarterly.

Page 5 of 11 ends

5. Officers and employees, including an Executive Director shall be employed by the· Council, as provided in the Ordinances adopted by said Transportation Authority.

6. The Santa Barbara County Treasurer shall be the depositary and have custody of all the money of the Santa Barbara County Association of Governments.

7. The undersigned parties to this Agreement pledge full cooperation and agree to assign representati ves to serve as official members of this organization or any committee or subcommittee.

8. This Agreement shall take effect upon its execution by the Chairmen and Clerks of the legislative bodies of all of the parties authorized pursuant to resolutions of such legislative bodies authorizing such execution as indicated below.

9. The Santa Barbara County Association of Governments shall have the powers provided by the acts, ordinances and designations referred to above, and such powers as are necessary to enable it to fulfill and carry out its functions as described herein, including, but not by way of limitation, the following powers:

a. to make and enter into contracts;
b. to apply for and accept grants, advances, and contributions from any source including member Jurisdictions;
c. to employ or contract for the services of agents, employees, consultants and such other persons or firms as it deems necessary;
d. to make plans and conduct studies;
e. to sue and be sued in its own name;
f. to incur debts, liabilities, or obligations, subject to the limitations herein set forth; and
g. to adopt annually a budget setting forth all administrative, operational and capital expenses.

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10. Nothing herein shall be construed as limiting in any manner the power of any of the respective parties to initiate and complete a local project within their respective jurisdictions with their own funds. It is understood, however, that the recommendations of the agency may have the effe ct of precluding any favorable action by an agency of the state or federal governments in support of such a project if other than local financing is sought, as determined by the respective state or federal agency under laws, regulations and policies applicable to them.

11. This Agreement shall be effective for a period of five years but shall be deemed automatically renewed by each party hereto for additional five -year periods unless a notice of non-renewal adopted by resolution of the governing body of such a party is given to the Santa Barbara County Association of Governments.

12. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal, or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall b e construed as if such invalid, illegal , or unenforceable provision had never been contained herein.

13. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all su ch counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on the date when fully executed by all parties.

[Signatures on following pages.]

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CITY OF BUELLTON

Dave King Date:

Mayor

ATTEST:

Scott Wolfe
City Manager

APPROVED AS TO FORM:

Greg Murphy
City Attorney

CITY OF CARPINTERIA

Al Clark Date:

Mayor

ATTEST:

Michael Ramirez
City Manager

APPROVED AS TO FORM:

Jena Shoaf Acos
City Attorney

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CITY OF GOLETA

Paula Perotte Date:

Mayor

ATTEST:

Robert Nisbet
City Manager

APPROVED AS TO FORM:

Megan Garibaldi
City Attorney

CITY OF GUADALUPE

Ariston Julian Date:

Mayor

ATTEST:

Todd Bodem
City Administrator

APPROVED AS TO FORM:

Philip F. Sinco
City Attorney

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CITY OF LOMPOC

Jenelle Osborne Date:

Mayor

ATTEST:

Dean Albro
City Manager

APPROVED AS TO FORM:

Jeff Malawy
City Attorney

CITY OF SANTA BARBARA

Paul Casey Date:

City Administrator

ATTEST:

Sarah Gorman
City Clerk Services Manager

APPROVED AS TO FORM:

Ariel P. Calonne
City Attorney

Daniel S. Hentschke,
Assistant City Attorney

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CITY OF SANTA MARIA

Alice Patino Date:

Mayor

ATTEST:

Sarah Gorman
City Administrator

APPROVED AS TO FORM:

Thomas T. Watson
City Attorney

Jeffrey Patrick
Assistant City Attorney

CITY OF SOLVANG

Mark Infanti Date:

Mayor

ATTEST:

Randy Murphy
City Manager

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COUNTY OF SANTA BARBARA

Steve Lavagnino Date:

Chair, Board of Supervisors

ATTEST:

Mona Miyasato
County Executive Officer
Clerk of the Board

Deputy Clerk

APPROVED AS TO ACCOUNTING FORM:

Betsy M. Schaffer, CPA
Auditor-Controller

Deputy

APPROVED AS TO FORM:

Rachel Van Mullem
County Counsel

Deputy County Counsel

APPROVED AS TO FORM:

Greg Milligan
Risk Manager

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SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT

FOR THE

SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“Agreement”) is made by and among the incorporated cities of Buellton, Carpinteria, Goleta, Guadalupe, Lompoc, Santa Barbara, Santa Maria, Lompoc, Carpinteria, Guadalupe, and Solvang, all being municipal corporations of the State of California within the County of Santa Barbara;, and, the County of Santa Barbara, a body politic and corporate and subdivision of the State of California, as follows:

WHEREAS, Sections 6500 et seq. of the California Government Code (Title 1, Division 7, Chapter 5, Article 1), provides for agreements between two or more public agencies to jointly exercise any power common to the contracting parties; and WHEREAS, in 1966, the County of Santa Barbara, and the Cities of Santa Barbara, Santa Maria, Lompoc, Carpinteria, and Guadalupe established the Santa Barbara County and Cities Area Planning Council through an initial Joint Powers Agreement; and WHEREAS, beginning in 1990, the member agencies of the Santa Barbara County and Cities Area Planning Council executed an amendment to the initial Joint Powers Agreement to rebrand the agency as the Santa Barbara County Association of Governments which is considered the first amendment to the initial Joint Powers Agreement; and WHEREAS, through the following resolutions each governing body entered into the first amended Joint Powers Agreement approved in 1990 and replaced by this Second Amended and Restated Joint Powers Agreement:

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